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City Council

Regular Meeting

Roanoke, VA · December 7, 2015

AgendaMinutes

Minutes

274 ROANOKE CITY COUNCIL-REGULAR SESSION December 7, 2015 9:00a .m. The Council of the City of Roanoke met in joint session with the Roanoke City School Board and State Area Legislators on Monday, December 7, 2015, at 9:00a .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, Rule 1, 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 Raphael E. Ferris, Sherman P. Lea, Anita J. Price, Court G. Rosen, William D. Bestpitch , 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; and Stephanie M. Moon Reynolds, City Clerk. ITEMS FOR ACTION: CITY 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. A list of current vacancies is included with the agenda for this meeting, was before the body. (See communication on file in the City Clerk's Office.) Council Member Ferris moved that Council concur in the request of Mayor Bowers as above described. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Ferris, Lea , Price, Rosen, Bestpitch and Mayor Bowers-6. NAYS: None-0. (Vice-Mayor Trinkle was absent.) 275 CITY COUNCIL: A communication from Council Member Sherman P. Lea, Chair, City Council Personnel Committee requesting that Council convene in a Closed Meeting to discuss a personnel matter, being the mid-year performances of the Council- Appointed Officers, 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.) Council Member Lea moved that Council concur in the request as above described. The motion was seconded by Council Member Ferris and adopted by the following vote: AYES: Council Members Ferris, Lea, Price, Rosen, Bestpitch and Mayor Bowers-6. NAYS: None-0. (Vice-Mayor Trinkle was absent.) ITEMS FOR DISCUSSION AT THE JOINT MEETING OF COUNCIL AND THE ROANOKE REGIONAL AIRPORT COMMISSION ON JANUARY 4, 2016, AT 9:00A.M., IN THE COUNCIL CHAMBER. Mayor Bowers asked that agenda items be shared with City Clerk or City Manager by Wednesday, December 23, 2015. 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: Snow Operations Plan Mark Jamison, Manager of Transportation, gave a snow removal update regarding available resources and the snow removal process, highlighting enhancements and improvements: 276 277 278 279 Initial Actions Dictated by type of storm Pretreat major streets and trouble spots • Only rf storm starts as snow Prepare equipment Determme staffing needs • Full or part>al shtff.l 280 Initial Actions Dictated by type of storm Pretreat major streets and trouble spots • Only 1f storm starts as snow Prepare equipment Determine staffing needs • Ful! or part>al sh1ft 7 Priorities for clearing MaJor streets- 95°/o cleared Within 24 hours after snowfall ends Valley Metro routes- 95°/o within 24 hours Neighborhood streets - 90~1o within 24 hours after arterials are cleared • f1.0_V jJlC·i ·o/7~:: ()( f7C;p_h[N_7rl?(~():~.~-t s-t/L 1t?f_.:..- dL/FII?O r1!h/ ll7?,~·n(~·~]:·._itef~, al[t:?r C::.l7i)~ ~·{(J,·''l .·:~~ ~} /L..i 'r..Llr'.. 281 282 Enhancements In-house call center • 853-2000, Option ,us • OperatorS avatlable during daytime hours • Otsconttn:Jt.>d use of 2 1-1 Route Smart Routing Software • In-vehide driver gutdance Seeking contractor to haul from downtown - • Ttmely re:-nova! iS ~10,'31 283 284 (See copy of presentation on file in the City Clerk's Office.) 285 Council Member Price inquired regarding the 211 Number not being utilized. Mr. Jamison confirmed saying it was the same phone number citizens call for a various services during emergency events. He informed the Council there would be an Option #8 on the 853-2000 (which will be moved to the top of the list) for snow removal questions and concerns. Mayor Bowers offered a suggestion for the local television stations to display a pie chart diagram, which would rate the severity of any upcoming weather events, i.e. The rating would be on a scale of one to six; and six being the most severe weather. He also was concerned about ice and freezing raining and asked Mr. Jamison to comment on the difficulty. Mr. Jamison was unaware of the pie chart diagram and pledged to investigate the matter. He agreed that it would be a benefit for the citizens to have an idea of what to expect and what the City's response may be. Regarding the issue of ice, Mr. Jamison responded that ice is always problem; and as the forecast is followed, the department determines when and/or how the precipitation will start, which dictates the City's preparation in advance. Council Member Bestpitch asked if the storm starts as rain, would pre-treating the streets help or would pre-treatment wash away or, if the precipitation starts as freezing rain, would the streets be retreated. Wherein, Mr. Jamison replies if the temperature was cold enough, especially if the pavement is dry and frozen precipitation starts, the salt is effective. If the weather is rain and turn colder, the salt will be washed off the streets. If the department knows the forecast is snow, they will retreat. Should the weather be borderline, the department will make a decision whether to spread salt brine. Council Member Bestpitch stated it was important to emphasize that the task of the City was to clear the streets and to issue fliers to notify citizens regarding the process. He reiterated that it was the homeowners and residents responsibility to clear snow from mailboxes, sidewalks and driveways. He wanted citizens to be prepared when dealing with these situations. He agreed with Council Member Lea's comment that senior citizens may need assistance and suggested the City's Neighborhood Services Department inform the neighborhood associations. Mayor Bowers thanked Mr. Jamison for the update and urged all to be responsible and efficient in the winter season . He commended City staff for rallying together to attack each snow event. 286 Single Stream Recycling Update Skip Decker, Manager, Solid Waste Management, gave the following update on the Single Stream Recycling Program: Single Stream Recycling AI r 'l<lablcs tfl .,,nglc con1 ur>Pr · . ... • ( ~ M •Ml'd Paoer • N••~~~o ; paper • l ' ; J•d Single Stream Recyding Projected Tonnage CommuoltH' c;. that convert from d .I stream to singte stream typic ally doublf> t r-, amotm t of r~{ytl ng collec cod Cu (!ent ~roj ec ed Goaj 250 wns 500 tons 700 to ns 287 Single Stream Recycli ,I How dt • WfY doinc so far? • Octob r 2015: 503 tons • Novr b r 2015: 4J.O ton-; • Partie p4HtOtl is increasin • C rnpli ncC' has been e)(C 11(1 r1t (low co r.tJmmation) Single Stream Recycling Changes to Service - Brush Collection • Brush CoHectton pr \1'10 sly 4' x4'x4 ' maximum every ther week • l.1rge piles collec ed using a Knuc I !bo ~ truck ( 1 per~ on) • Small piles load d by hand into a p krr truck ( 3 pcrllion crew) 288 Single Stream R cycling Changes to Service-Brush Coltection • Brush pil ~ no ~mailer than 4' x 4' x 4' and no larger then &' x 6' x 6' and lim ited to one bund l p r wee • AJI P'' ~ co llected usmg a Knu kleboom truck • Knuckl boom use tor small 1les not practica l • trPam creates capa ity 1n trash cont 1n r Single Stream Recycl i n~ Changes to Service - Bulk Col t~ction • Bu l k coll('c t •on previously li m •tf'd 1o 6 it ems every other week • Bulk now co li e t 'd weekly and l inHted t o 3 •terns per week • Sir"gle s.tredm cr atcs cdpaci ty i ntra~ container • Bagged tra!>~ no longN allowed as. bu l k tt f'm <..an be placf"d m tr< sh conta1ner (See copy of presentation on file in the City Clerk's Office.) Council Member Price inquired how the communication would be sent to citizens informing them when old recycle bins will be picked up. Mr. Decker replied information will be disseminated through use of MYRoanoke App, RVTV, and all social media avenues; and he would ask Melinda Mayo and her staff also for guidance. 289 In connection with collection of brush pick up, Council Member Bestpitch questioned the collection changes for brush pick up, and if it turned into mulch. Mr. Decker confirmed brush is delivered to the Roanoke Valley Resource Authority, wherein citizens can pick up mulch for free. Mr. Decker further explaining the bulk collection process and the pick-up of large items by knuckle boom trucks and the reason certain piles are not picked up due to size. Following additional comments by Mr. Decker, Mayor Bowers thanked him for his presentation expressed his sentiments during the holiday season. Downtown Roanoke Parking Meter Pilot Debbie Moses, Downtown Parking Director, presented the following summary regarding the Downtown Roanoke Parking Meter Pilot: Background • Parking is charaed with maximizing City park ins resources to support growth, use, and expansion of downtown • Toolbox includ s: • Capital improvement implement.ataon • OpUmizjng exi5t•ina space utilization • Pr·icin& strategies • Improving parkin regulations • Adopting advanc: d ttc.hnologies 290 B ckground • Parktng is char& d wcth maximizing City parking r sources to support growth, us , and exp nsion of downtown • Toolbox lndud s: • C pit I improvement implementation Optlmiting existjn "P ce utilization • Pr1cin strategies • lmprovln1 .parkin r gulations • Adopting advanc d t chnologies PAR on • 291 I n t 90 day pilo • no cost to the city. eter Pilot-Phase I • Mlrtel'$ ,,~plaet! honor '111 c;.a·,s ro n ~ Lot H h•• { chJt.lt'iOn c.., ' lot. a d Nt t~ Lot No ~·on o., Council11•quir d; post~d publl rates remain in pi e; f'lew p11ym nt options introduced. Goo~l5 of th ' pilot: ld~ntito; """ t>n~ p ym~en• ap 10" \ (htclc.ld "V _,., phone) .;al'd 1npue 11•luate"' Ylt and !'\!turn to ouncil Mi.trctllOl& 292 • S k Council direction on establi5hing similar on·str£"et m t rpllot • Pilot li m to d fop pilot cr'teria, loutions; rate!>, nd pubtic f db de m th nism Pilot t m to nc.l de do town businesses, DRI. R ional CQM i ~. C• y Mob I tv work Ti m • M rc:h , 1016' turn to Count! , for approv. Is to tondu non · str t m ter p"lot • LJunc met r pllot n June 2016 • 90 d vpU 1 folio by evaluoation and return to Counc I in taU of 2016 (See copy of presentation on file in the City Clerk's Office.) Council Member Ferris stated that he had been approached by a couple of vocal restaurateurs who asked about the City's plan for parking and felt that downtown members had not been included in the discussions. Ms. Moses confirmed that she would assemble information for concerned business owners; and agreed it was important to receive input from the downtown businesses regarding the pilot program. The City Manager agreed that it was an important point and that it wasn't about raising money, but about economic development and that the money collected from meters will be returned to the Parking Enterprise Fund to be used for parking opportunities. Council Member Bestpitch raised a point about off-street surface lots, whereby the City is charging the same amount, however, offering parkers other options in terms of payment. Ms. Moses injected the only difference is the machine is pilot. Council Member Bestpitch retorted that all of the machines would allow the use of cash, credit card, or pay by phone option. Ms. Moses replied that different types of meters in the lots so patrons can advise which type they like best. Council Member Ferris pointed out the convenience of the pay by phone method and the trend in technology to have immediate access by phone. 293 Mayor Bowers concluded the briefing by recognizing Tina Workman, President of Downtown Roanoke, Inc., and announced the tree lighting ceremony, Christmas Parade, Pet Parade and other festivities downtown during the month of December. At 10:14 a.m., the Mayor declared the Council meeting in recess for a Closed Meeting in the Council's Conference Room, Room 450. At 11 :01 a.m. , the Council meeting was reconvened for a joint meeting with the Roanoke City School Board and State Area Legislators in the City Council Chamber, Mayor Bowers presiding and all Members of the Council in attendance, with the exception of Vice-Mayor Trinkle; Roanoke School Board Chairman Suzanne Moore presiding, and all members of the School Board in attendance, with the exception of Laura Rottenborn; and State Area Legislators Senator John S. Edwards, Delegates Samuel Rasoul and Christopher Head. OTHERS IN ATTENDANCE: Roanoke City School Superintendent Dr. Rita Bishop; Senior City Attorney and Counsel of the Roanoke City School Board Timothy Spencer; and Roanoke City School Board Clerk Cindy Poulton. LEGISLATION-SCHOOLS: School Chairman Moore expressed appreciation for being included in the Legislative meeting to discuss the importance of state funding for schools. She believes that the Schools issues fold into the City's issues and both are relevant. As Chairman of the Legislative Committee, Council Member Court Rosen shared the City Schools and City Council have made an effort not to focus on requesting money from the State, but rather on what makes the Government operate more efficiently and how to save money. He praised the representatives for their efforts to work locally and regionally and indicated it was a powerful and non-partisan attribute. Rob Catron, Roanoke City's Legislative Liaison, gave a brief overview regarding the 2016 Legislative Program, highlighting budget, local aid, local revenues; transportation; domestic violence; law enforcement; and administrative matters. Mr. Catron reiterated the importance of the budget and legislation that is introduced as unfunded mandates on the local government. He stated that he would urge the General Assembly to oppose any new mandates on localities. See copy of the 2016 Legislative Program on file in the City Clerk's Office.) Mr. Catron continued to express the importance of HB599 funding program, noting local law enforcement agencies confront significant increases in expenses as communities demand improvement in law enforcement practices. 294 He discussed tax reform and mentioned the City is very interested in this matter as it reflects the 21st Century economy in Virginia, noting that meaningful tax reform can only be achieved through a comprehensive effort, beginning with a study of the current tax preferences provided, which cost the State billions in revenue annually. He further remarked that transportation infrastructure is essential to economic development, community strength, and quality of life; further thanking the General Assembly for supporting HB 2313 in 2013. Mr. Catron maintained there are a number of transportation projects underway in the City that would not have happened if not for the Bill being passed. He also informed the Council to continue to move forward on 1-73 project, noting environmental concerns inhibiting construction. Mr. Catron encouraged the General Assembly to maintain support for the passenger rail service to Roanoke. In addition, he encouraged the General Assembly to develop legislation to allow local law enforcement to utilize license plate readers establishing when and how long the data can be used. During a recent law enforcement event, the license plate reader was used to assist in finding the car and driver. He expressed concern about privacy rights, but stressed concern that there is a need for the public and law enforcement to be safe and this technology ultimately saves lives. Heather Ferguson, Assistant City Attorney, appointed to represent the Department of Social Services, talked about her work with Mr. Catron and expressed hopes that the City would support legislation which would expand the services provided to children and foster care. She discussed issues regarding independent living services and foster care services noting the foster care services include a broad range of services to meet the unique needs of children in foster care. Due to legislation not passing, Ms. Ferguson emphasized children in foster care between the ages of 18- 21 were forced out of the system and only entitled to receive limited independent living services. She explained currently there were 198 children in foster care and approximately 50 of those children were impacted by the failure of legislation not passing; and due to the hard work of social workers, only 20% were impacted. Ms. Ferguson acknowledged support to extend foster care and adoption services to age 21 and provide financial and education support during their transition into adulthood. Delegate Head recommended a case by case review of the foster care program rather than just blanket coverage of the entire foster care community. Ms. Ferguson replied she was not aware of any legislation that has been proposed that would provide on a case by case basis; and believes most localities are advocating that the Bill be passed as a whole for those young adults between ages 18 and 21. 295 Ms. Ferguson noted there have been young adults that were in foster care that chose to leave once they turned 18 years of age; and concluded that there were some positive stories about this age cohort and stressed that this group most have continued support: a foster parent, a social worker to help them through these stages because most 18 year olds are not mature enough to have the long range planning to think about their future; how it would look and or how to activate a plan. Council Member Rosen suggested that the City Attorney and Ms. Ferguson meet with Mr. Catron to continue discussion with regard to the abovementioned Bill. Mayor Bowers asked if the Federal Fostering Connection Program had passed; Ms. Ferguson replied "yes", adding it passed several years ago, however, the budgeting of the plan did not pass in Virginia. Ms. Ferguson explained from the research and information that she had received, passing this legislation would cost the Commonwealth approximately $3- 4 Million, entitling the Commonwealth roughly $10 Million in Federal funding and saving localities about $3 Million. She indicated while there were some costs, the end result was a net increase and more importantly, it would help the children in our communities that were going to be citizens for the years to come. Mr. Catron continued his discussion regarding collaboration of public recreation and private industry observing a critical component in a strong, diverse 21st Century economy is public recreational facilities such as greenways; and suggested taking land that is adjacent to an industrial park and placing a greenway or walking trail. He continued with discussion regarding advertising city procurements, advising it would be in the best interest of the community and procurement community if the law was changed to require City procurement to be advertised in the local newspaper. He suggested an alternative would be to change the procurement notification code section to allow localities to post public notices of Requests for Proposals on the Department of General Services central website known as "e-VA at www.eva.virginia.gov. By publishing the procurement on e-VA and on the localities website would negate any requirement to publish procurements in the local newspaper of said locality. Delegate Head asked for clarification regarding whether this was the same approach from the last three or four years relating to the e-VA Bill. Mr. Catron replied this particular budget program does not include the one relating to notices; this e-VA Bill has passed the House, but was defeated in the Senate. He stated the bill that the City supported is also a local option, which is not requiring local government to advertise this way. This legislation would allow advertising to be done on e-VA and not in the local newspaper. 296 Mr. Catron called attention to judicial appointments, affirming request for consideration in reauthorizing the funding for the General District Court position. He encouraged the General Assembly fund this judicial position and fill the position with deliberate speed . Council Member Ferris shared one of the problems specific to Roanoke City was the inability to get enough time before the General District Court judges, specifically to get code violations handled officially. He noted that complaints and violations languish before the court a much longer time period. The citizens are inconvenienced as a result of the longer dockets and citizens having longer set court dates further out in the future; having to wait in the courtroom longer for their cases to get called because there are not enough judges. He recommended the General Assembly to consider reauthorizing the funding for the General District Court judge position. Delegate Rasoul remarked based on the case load study; he suspected additional funding for judges would be approved. In connection with plastic bags, Mr. Catron advised that there was legislation last year to ban plastic bags, that the Bill passed through the House Agriculture Committee, and went to the Floor by one vote and has potential to get through the Senate. Mr. Catron shared information regarding minimum wage, smoking in public parks, and parks and recreation. Regarding miscellaneous code changes, Mr. Callaghan pointed out three specific changes and clarification in requesting amendment to the current State Code: (1) to provide that nuisance liens have the same priority and duration as unpaid local real estate tax liens; (2) to require affiants to submit affidavits to establish damages to reside with the Commonwealth of Virginia; and , (3) to allow localities the option of mailing a notice of violation by regular mail rather than certified or registered mail. Following the Legislative Program presentation, School Trustee Annette Lewis, Chairperson for the Roanoke City School Legislative Program, discussed important issues such as School start date and funding for education in hopes for continued support from the General Assembly. In conclusion, Delegate Head acknowledged the forum gave the Committee an opportunity to interact before the deadline and noting there were obvious issues of concern and Senator Edwards seconded Delegate Head's comments and stated it would be helpful to have advance time for discussion during the 2016 Session of the General Assembly regarding the matters brought forth, adding the Governor desires to make education a priority. He noted his dismay that there was nothing before the General Assembly pertaining to SOL's, noting serious reform needed on SOL's, and his willingness to work on the issue. 297 The Superintendent of Roanoke City Public Schools shared the need for improvement in SOL scores, and for the Schools to do everything possible to support the well-being of children and their success. She stated the elimination of Fifth Grade Writing caused a problem and that the test was a predictor of what needed to be done in the Eighth Grade and Eleventh Grade. She observed students need to be able to write, speak, and read effectively; while emphasizing significant progress has been made in Mathematics. Delegate Rasoul commended the School Board and City Council for their cooperative work and leadership on the RCPSPius Program; adding the summer learning programs bridged a learning gap that happens over the summer months. He commented on the 599 Funding and the K through 12 funding which is another line item that needed attention and stressed the need for continued work; especially when hearing about cuts in local funding and proposed that the funding cuts are aimed at Law Enforcement and Schools. He remarked when cutting one service, it will affect the other. In connection with Law Enforcement matters, Delegate Rasoul believed all were in favor of new technologies; mentioning that the Committee stay in contact with the Police Chief regarding access to new police technology while maintaining a balance in the budget as well as other necessary services. He expressed concern about the closing of Catawba Hospital and believed a fiscal case can be made for closing the facility; though the facility has been abused for some time and it would cost a significant amount of money to renovate. He was concerned about the lack of mental health options for Southwest Virginia, if the Hospital closes. He further discussed liability issues regarding Greenway protection and felt it was important to limit the liability for the City. Lastly, he mentioned a $450,000 capital request to revitalize the Explore Park area and to help Roanoke County with capital upgrades to the Park in order to bring in large scale developers to our area. Council Member Rosen asked Mr. Catron about the grant status for Sabrina's Place funding. Mr. Catron replied that previously Sabrina's Place was unable to participate in the grant process and was told that they were unable to submit a grant because the State did not want to support the kind of services that they provided. However, after reconsideration by the Delegates regarding the agency's the inclusion of visitation services, Sabrina's Place was awarded $15,000. Council Member Lea thanked the Committee for supporting Sabrina's Place and was pleased the General Assembly awarded the $15,000 Grant; he also noted supervised parental visits was an important concern in domestic violence issues. Mr. Lea also shared concern about the minimum wage rate and the effect on the working poor. He asked Mr. Catron to bring this vital concern forward at the General Assembly session. 298 Council Member Price brought attention the citizen's inability to participate as coaches in little league sports and stated the Mr. Callaghan hand assembled a detailed report on the background and screening process. However, when applicants advance through the screening process and they are given a list of preventions. There are a number of items on that list that would disqualify candidates to become coaches for life; specifically, those who had committed minor crimes and who had completed their sentence for those crimes; they are not permitted to become coaches. Ms. Price asked that the General Assembly review the prevention list for possible amendments; specifically, possession with intent to distribute marijuana noting it was separate from whether or not the person was charged with having possession. She thought those applicants could be give consideration. Council Member Ferris agreed with Delegate Rasoul regarding the Greenway matter emphasizing it was pro-business and pro-economic development, and would also protect businesses from being impacted by the actions of the City and it does not seem appropriate to potentially expose their business to a liability. Council Member Bestpitch asked the General Assembly to strongly examine the "Dillon Rule" in Virginia; whether the decision-making power is rendered by the people in Richmond or the citizens at the local level. He also asked Mr. Catron to let the Council know how to help the legislators on any matter or request from the City and not to hesitate to ask for that assistance. · School Board Trustee Hopkins distributed information in support of funding request from the Roanoke City School Board. (See copy of document on file in the City Clerk's Office.) School Board Chair Moore called attention to the School's agenda regarding the Schools open calendars; one calendar before Labor Day and one calendar after. She expressed her appreciation for the City's support and assistance in the all the requests bought forward. Mayor Bowers concluded the remarks by announcing that the Legislative Program had been formally adopted by the Council at its regular meeting on Monday, November16, 2015. At 12:08 p.m., the School Board meeting was adjourned. At 12:08 p.m., the Council Meeting was recessed for continuation of the Closed ' Meeting in the Council's Conference, Room 450, and thereafter to be reconvened at 2:00p.m., in the Council Chamber. 299 At 2:00 p.m., the Council meeting reconvened in the Council Chamber, with Mayor Bowers presiding. PRESENT: Council Members Raphael E. Ferris, Sherman P. Lea, Anita J. Price, Court G. Rosen, William D. Bestpitch, and Mayor David A. Bower-6. ABSENT: Vice-Mayor Trinkle-1. OFFICERS PRESENT: Christopher P. Morrill, City Manager, Daniel J. Callaghan, City Attorney; and Stephanie M. Moon Reynolds, City Clerk. The Invocation was delivered by The Reverend Patricia Johnson, Pastor, Galilee Baptist Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. PRESENTATIONS AND ACKNOWLEDGEMENTS: ACTS OF ACKNOWLEDGEMENTS-VETERANS: Mayor Bowers recognized the United Black Veterans Society of Virginia (UBVS of VA) for their meritorious and honorable military service. He presented Certificates of Appreciation to each veteran and the Council as a whole expressed its appreciation for their service to the United States of America .. HEARING OF CITIZENS UPON PUBLIC MATIERS: Mayor Bowers 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. Martin Jeffrey, 241 Fairfax Avenue, N. W., appeared before the Council and spoke on the appropriateness of the Confederate Flags at public events and asked the Council to consider its implications. Barbara Duerk, 2607 Rosalind Avenue, S. W., appeared before Council expressing her support of AMTRAK to Southwest Virginia and asked Council to support bike roll-on/roll-off service on the trains. She also addressed the Council regarding the City's late notification process to adjoining property owners by City Departments and requested a review of the process. 300 Brenda Hale, NAACP President, appeared before the Council and expressed concern about the display of the Confederate Flag, noting that the Rainbow Flag was not displayed during the City's Christmas Parade; however, the Confederate Flag was to be allowed. In response to Ms. Hale comments, the City Manager announced that per Downtown Roanoke, Inc., the Rainbow Flag could be displayed in the Parade. Joan Wages, 1001 Chesterfield Street, S. W., appeared before the Council to address the inclusion of the Confederate Flag in the City's Christmas Parade, adding she believes the Flag should not be allowed at any City sponsored events. 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. Mayor Bowers called attention to one request for public hearing from the City Manager; and Item C-3 the Calendar of Events for Budget Development Activities for Fiscal Year 2016- 2017. MINUTES: Minutes of the regular meetings of the Council held on Monday, March 16, 2015; Monday, August 3, 2015; Thursday, October 8, 2015, recessed until Wednesday, October 14, 2015; and Monday, October 19, 2015, were before the body. (See Minutes on file in the City Clerk's Office.) Council Member Ferris moved that the reading of the minutes be dispensed with and approved as recorded. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Ferris, Lea, Price, Rosen, Bestpitch and Mayor Bowers-6. NAYS: None-0. (Vice-Mayor Trinkle was absent.) 301 TAXES: A communication from the City Manager requesting that Council schedule a public hearing for Monday, Monday, December 21, 2015, at 7:00p.m., or as soon thereafter as a matter may be heard, to consider a request of Roanoke Community Garden Association, Inc., for tax exemption of real property located at 1718 Salem Avenue, S. W., designated as Official Tax Map No. 1211605, was before the body. (See communication on file in the City Clerk's Office.) Council Member Ferris moved that Council concur in the request of the City Manager as above described. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Ferris, Lea, Price, Rosen, Bestpitch and Mayor Bowers-6. NAYS: None-0. (Vice-Mayor Trinkle was absent.) BUDGET DEVELOPMENT: A communication from the City Manager recommending adoption of the Calendar of Events for Budget Development Activities for Fiscal Year 2016-2017, was before the Council. (See communication on file in the City Clerk's Office.) Council Member Ferris moved that Council concur in the recommendation of the City Manager as above described. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Ferris, Lea, Price, Rosen, Bestpitch and Mayor Bowers-6. NAYS: None-0. (Vice-Mayor Trinkle was absent.) 302 YOUTH SERVICES CITIZEN BOARD: A communication from the City Clerk advising of the resignations of Crystal Hall and Lorena Wilson as members of the Youth Services Citizen Board, effective September 28, 2015, was before the Council. (See communication on file in the City Clerk's Office.) Council Member Ferris moved that the resignations be accepted and the communication be received and filed. The motion was seconded by Council Member Rosen and adopted by the following vote. AYES: Council Members Ferris, Lea, Price, Rosen, Bestpitch and Mayor Bowers-6. NAYS: None-0. (Vice-Mayor Trinkle was absent.) WESTERN VIRGINIA WATER AUTHORITY: A communication from the City Clerk advising that the Western Virginia Water Authority approved a resolution at its November 19, 2015 meeting commending Linda lsom for dedicated service of 47 years combined with the Water Authority (10 years) and City of Roanoke (37 years), was before the Council. (See resolution on file in the City Clerk's Office.) Council Member Ferris moved that the resolution be received and filed. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Ferris, Lea, Price, Rosen, Bestpitch and Mayor Bowers-6. NAYS: None-0. (Vice-Mayor Trinkle was absent.) CITY ATTORNEY: A communication from the City Attorney with regard to the athletic background and screening process, was before the Council. (See communication on file in the City Clerk's Office.) 303 Council Member Ferris moved that the communication be received and filed. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES : Council Members Ferris, Lea, Price, Rosen, Bestpitch and Mayor Bowers-6. NAYS: None-0. (Vice-Mayor Trinkle was absent.) FAIR HOUSING BOARD: Annual Report of the Fair Housing Board for calendar year 2015, was before the body. (See Annual 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 Council Member Rosen and adopted by the following vote: AYES: Council Members Ferris, Lea, Price, Rosen, Bestpitch and Mayor Bowers-6. NAYS: None-0. (Vice-Mayor Trinkle was absent.) ECONOMIC DEVELOPMENT AUTHORITY-YOUTH SERVICES CITIZEN BOARD-HUMAN SERVICES ADVISORY BOARD-ROANOKE VALLEY CONVENTION AND VISITORS BUREAU: Reports of qualification of the following individuals were before the Council: Linda D. Frith as a Director of the Economic Development Authority for a term of office commencing October 21, 2015 and ending October 20, 2019; Joyce Watkins as a member (Public) of the Youth Services Citizen Board to fill the unexpired term of office of Dawn Board ending June 30, 2016; Thomas Powers and Marion Vaughn-Howard as members of the Human Services Advisory Board to fill the unexpired terms of office of Victoria Cox and LaJuan Thomas ending November 30, 2018 and November 30, 2016, respectively; and 304 Douglas Robison as a City representative of the Roanoke Valley Convention and Visitors Bureau, Board of Directors for a one-year term of office ending June 30, 2016. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) Council Member Ferris moved that the reports of qualification be received and filed . The motion was seconded by Council Member Rosen and adopted by the following vote: A YES: Council Members Ferris, Lea, Price, Rosen, Bestpitch and Mayor Bowers-6. NAYS: None-0. (Vice-Mayor Trinkle was absent.) REGULAR AGENDA PUBLIC HEARINGS: NONE. PETITIONS AND COMMUNICATIONS: NONE. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: HUMAN SERVICES- BUDGET-GRANTS: The City Manager submitted a written communication recommending acceptance of funds from the Commonwealth of Virginia for Medicaid system conversion overtime costs incurred by the Department of Human Services. (For full text, see communication on file in the City Clerk's Office.) 305 Council Member Bestpitch offered the following resolution: (#40402-120715) A RESOLUTION authorizing the acceptance of funding to the City of Roanoke from the Virginia Department of Social Services (VOSS) to be used by the City of Roanoke Department of Social Services (DSS) for staff overtime costs in connection with the conversion of certain Medicaid programs to the Virginia Case Management System (VaCMS) and authorizing the acceptance, execution, and filing of appropriate documents to obtain such funds. (For full text of resolution, see Resolution Book No. 78, page 108.) Council Member Bestpitch moved the adoption of Resolution No. 40402-120715. The motion was seconded by Council Member Rosen and was adopted by the following vote: AYES: Council Members Ferris, Lea, Price, Rosen, Bestpitch and Mayor Bowers-6. NAYS: None-0. (Vice-Mayor Trinkle was absent.) Council Member Bestpitch offered the following budget ordinance: (#40403-120715) AN ORDINANCE to appropriate funding from the Virginia Department of Social Services for overtime wages and associated FICA costs to get adult Medicaid cases converted to the VaCMS system, amending and reordaining certain sections of the 2015 - 2016 General Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 78, page 109.) Council Member Bestpitch moved the adoption of Budget Ordinance No. 40403- 120715. The motion was seconded by Council Member Rosen and was adopted by the following vote: A YES: Council Members Ferris, Lea, Price, Rosen, Bestpitch and Mayor Bowers-6. NAYS: None-0. (Vice-Mayor Trinkle was absent.) 306 STATE HIGHWAYS-TRAFFIC-SCHOOLS-BUDGET: The City Manager submitted a written communication recommending acceptance of additional funds from the Virginia Department of Transportation (VDOT) in connection with the Garden City Boulevard Safe Routes to School Project. (For full text, see communication on file in the City Clerk's Office.) Council Member Rosen offered the following resolution: (#40404-120715) A RESOLUTION authorizing the City Manager to execute a Revised Appendix A document in connection with a Virginia Department of Transportation (VDOT) Safe Routes to School (SRTS) Grant in order to accept additional funding to the City of Roanoke; and authorizing the City Manager to take such further actions and execute such further documents as may be necessary to accomplish this additional funding and to implement, administer, and use such VDOT Grant funds, upon certain terms and conditions. (For full text of resolution, see Resolution Book No. 78, page 110.) Council Member Rosen moved the adoption of Resolution No. 40404-120715. The motion was seconded by Council Member Price. Following complimentary remarks to City Administration , Resolution No. 40404- 120915 was adopted by the following vote: AYES: Council Members Ferris, Lea, Price, Rosen, Bestpitch and Mayor Bowers-6. NAYS: None-0. (Vice-Mayor Trinkle was absent.) Council Member Rosen offered the following budget ordinance: (#40405-120715) AN ORDINANCE to appropriate funding from the Virginia Department of Transportation Safe Routes to School Program Funds to the Safe Routes to School Garden City 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. 78, page 111.) 307 Council Member Rosen moved the adoption of Budget Ordinance No. 40405- 120715. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Ferris, Lea, Price, Rosen, Bestpitch and Mayor Bowers-6. NAYS: None-0. (Vice-Mayor Trinkle was absent.) GREENWAYS: The City Manager submitted a written communication recommending acquisition of real property rights in connection with construction of the final segment of the Garden City Boulevard Greenway Trail Project. (For full text, see communication on file in the City Clerk's Office.) Council Member Bestpitch offered the following ordinance: (#40406-120715) AN ORDINANCE providing for the acquisition of real property rights needed by the City in connection with the Garden City Boulevard Greenway Trail 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. 78, page 111.) Council Member Bestpitch moved the adoption of Budget Ordinance No. 40406- 120715. The motion was seconded by Council Member Rosen and was adopted by the following vote: AYES: Council Members Ferris, Lea, Price, Rosen, Bestpitch and Mayor Bowers-6. NAYS: None-0. (Vice-Mayor Trinkle was absent.) CITY EMPLOYEES: The City Manager submitted a written communication recommending approval of additional holiday leave for all City employees in recognition of outstanding service throughout the year. (For full text, see communication on file in the City Clerk's Office.) 308 Council Member Price offered the following resolution: (#40407-120715) A RESOLUTION closing certain City offices Thursday, December 24, 2015, and providing for additional holiday leave for all City employees. (For full text of resolution, see Resolution Book No. 78, page 112.) Council Member Price moved the adoption of Resolution No.40407-120715. The motion was seconded by Council Member Lea. After Mayor Bowers noted his appreciation to the City employees for their services to the City, Resolution No. 40407-120715 was adopted by the following vote: A YES: Council Members Ferris, Lea, Price, Rosen, Bestpitch and Mayor Bowers-6. NAYS: None-0. (Vice-Mayor Trinkle was absent.) COMMENTS OF CITY MANAGER: The City Manager shared the following comments: Reopening of Municipal North Entrance • At Noon on Friday, December 11, the City will hold a "chain-cutting" ceremony on the steps of the Municipal Building facing Campbell Avenue. This will be a grand reopening of the entrance to the old Mun_ icipal Building. • The event will also recognize the 1oath Anniversary of the Municipal Building, which was officially dedicated on July 4, 1915. • There will be light refreshments, and the public is invited to attend and be part of this monumental celebration. • We will also invite the public to walk through the newly renovated parts of the Municipal Building and see the beautiful improvements to the old lobby and other offices. "ROA Elmwood on Ice" Skating Rink • We are very excited about the success of the new skating rink in Elmwood Park. • Since its opening on November 23, more than 3,000 people have come to skate. 309 • Downtown business owners reported anecdotally that the weekend of November 27 - 28 was one of their best ever, with lots of folks coming downtown to skate, have lunch or dinner at a restaurant, and/or shop at downtown stores. City Turns Star on Mill Mountain Dark • To honor the memory of Roy C. Kinsey, Jr., one of the creators of the Star on Mill Mountain, the City of Roanoke darkened the Star on Saturday, December 5, 2015. • The family of Mr. Kinsey gathered at the star at 8:00 p.m., when a wreath was laid beneath the Star and the lights on the Star were turned off for the evening . • We will be working with the Kinsey family to find a time for them to attend a City Council meeting in the near future, where Council can present them with a resolution honoring Mr. Kinsey. Dickens of a Christmas • Last Friday was the kickoff to Dickens of a Christmas with the City • Next Friday the Christmas Parade will begin at 6:30p.m., and the third Friday in December is the Pet Costume Contest. • Hours are 6:00 p.m. to 10:00 p.m. • This is a free, family-friendly celebration of the holidays • We encourage everyone to come downtown and enjoy DRI's annual signature event CITY ATTORNEY: ARCHITECTURAL REVIEW BOARD: The City Attorney submitted a written report with regard to the consideration of a motion to amend the appeal of Ricky Mitchell of City Council's decision to affirm the Architectural Review Board's denial of his request to allow the installation of replacement windows, on remand from the Circuit Court for the City of Roanoke. (For full text, see report on file in the City Clerk's Office.) 310 Inasmuch as Ricky Mitchell was a dear friend of him and his wife, Mayor Bowers announced he would abstain from any discussion and action taken by the Council regarding the appeal by Mr. Mitchell regarding the abovementioned matter, and read the following statement into the record: "STATEMENT OFCONFLICT OF INTEREST I David A. Bowers, state that I have a personal interest in agenda Item 7.b.2 set for the regular session of City Council for Monday, December 7, 2015, at 2:00p.m., or as soon thereafter as the matter may be reached, regarding the remand of the appeal of Ricky Mitchell of the Council's decision to affirm the decision of the Architectural Review Board to deny the request of Mr. Mitchell to install replacement windows in his home because I have a personal friendship with Mr. Mitchell. Therefore, pursuant to Virginia Code Section 2.2-3112, I must refrain from participation in this matter. I announced in open session of Council during the session on December 7, 2015 that I would refrain from participating in the matter and I did not participate. I also stated that I would file this statement with the City Clerk. 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 ih day of December, 2015. S/David A. Bowers David A. Bowers Mayor" Based on the City Attorney's recommendation, Council Member Rosen suggested that the matter be remanded to the City of Roanoke Architectural Review Board for reconsideration. Council Member Price moved that the matter be remanded to the Architectural Review Board for the City of Roanoke for further consideration and proceedings. The motion was seconded by Council Member Bestpitch and adopted by the following vote: AYES: Council Members Ferris, Lea, Price, Rosen, and Bestpitch -5. NAYS: None-0. (Vice-Mayor Trinkle was absent.)(Mayor Bowers abstained from voting.) 311 DIRECTOR OF FINANCE: FINANCIAL REPORTS : In the absence of the Director of Finance, Amelia C. Merchant, submitted the Financial Reports for the first four months ended October 31, 2015 for the City of Roanoke and Roanoke City Public Schools for the first three months ended September 30, 2015. Ms. Merchant highlighted the following: FY16 General Fund Overview • Through October, FY16 recognized revenues were 26.7% of adopted revenue estimate. This was an increase of 1.1% compared to the same period in FY15. • Total general property and local taxes were up 2.6%, or $1.4 million compared to last year. Current real estate tax increased 2.6%. Lodging and meals taxes posted strong growth, Indicating a continuing recovery of the local economy. • YTO expenditures were 35.8% of FY16 adopted expenditures, slightly lower than the same period last year. Expenditures are aligned with adopted budget expectations Sales Tax Growth FY16 Revenue Estimate $20.5 M Ill 4.5 =" 3.0 .Q ~ 3 Months Ended 9130 Sales tax revenue increased·3.4% over same r>eriod in FY15, and is 4.2% higherthan YTD budget. 312 Meals Tax FY16 Revenue Estimate $15.476 M 3 Months Ended 9130 FY16 revenue is 2.6% higher than YTO budget. The tax rate increased from 5.0% to 5.5%, effective July 1, 2015. Adjusting for this, revenues grew 4.9% over the prior year. Lodging Tax Exceeding Budget and Prior Year FY16 Revenue Estimate $4.267 M 4 Months Ended 10/31 • PnorYTD YTDBudget • YTD Al:lual Lodging tax revenue increased 9.0% over FY15, and is 9.8% higher than budget. 313 Personnel (Salary/Benefit) Lapse 50 .0 40.0 .. c 30 .0 .2 i 20.0 10.0 0.0 Target Actual 4 Months Ended 10131 YTD expenditures are 0.5% or $171 k ahead of target. Children's Services Act (CSA) @ ~ 1.0 0.0 FY 2015 Actual FY 2016 Actual Target 4 Months Ended 10131 YTD expenses are 22.4% or $502k below target of $2.2M. 314 Residential Juvenile Detention "t' • 400 . - - - - - ":c •zoo ~ .c 100 1- 0 Target Actual 4 Months Ended 10131 YTD expenses are 22.2% or $66k above target of $207.5k. Solid Waste Tipping Fees J 800 • 1? 600 :1 ~ 400 ~0 Target Actual 4 Months Ended 10131 YTD costs are 3.6% or $26k below target of $738K. 315 Motor Fuel Expenses t ! ~00 c •~ 200 ~ >- Target Actual 4 Months End&d 10131 YTD expenses are 9.3% or $29K above a non-seasonally adjusted target of $31 OK. 10 City Performance Stable Through October • Total revenues through October were 1.1% higher than U1e prior year. Current real estate tax and several local taxes demonstrated solid growth. • YTD expenditures are aligned with adopted budget expectations. • In October, the national unemployment rate dropped to 5.0%, a seven-year low. US wage growth started to accelerate and the labor market continued to improve. • The increase in US consumer prices, the rise in manufacturing output and robust hiring in October suggested a well performing economy, which may bolster an interest rate hike in the December Federal Reserve meeting. ll (See copies of the Financial Report and presentation on file in the City Clerk's Office.) Following comments by Council Members Rosen and the City Manager, the Mayor stated that the Financial Report and presentation would be received and filed. 316 REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: NONE. INTRODUTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS : NONE. MOTION AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: YOUTH-RECREATION: In response to inquiry by Council Member Bestpitch in connection with Consent Agenda Item C-6 regarding athletic background and screening process, the City Attorney explained that the City authorized to conduct criminal background checks under State Code Section 19.2-392.02, which defines "Barrier crimes" by referring to the State Code Sections 63.2-1719 and 63.2-1726 for mandatory background checks for folk seeking to work in homes regulated by services agencies such as Department of Social Services. As discussion ensued, Mr. Callaghan noted that Delegate Sam Rasoul has reserved the City's request for legislation to remove the lifetime barrier for the crime of possession of a controlled substance with the intent to distribute; Delegate Sam Rasoul was asked to expand the request to review all crimes as set forth in Exhibit I attached to his report. Council Member Price expressed appreciation to Delegate Sam Rasoul and asked that all barriers be included. YOUTH-RECREATION: Council Member Lea announced the 2nd Annual Lea Classic scheduled for January 9, 2016 at the Berglund Center. CITIZEN OF THE YEAR: Mayor Bowers announced that David Steward Wiley was recognized as the 2015 Citizen of the Year at the Holiday Pops Concert at the Salem Civic Center on Friday, December 4, 2015. VACANCIES ON VARIOUS AUTHORITIES, BOARD, COMMISSIONS AND COMMITTEES APPOINTED BY THE COUNCIL OATHS OF OFFICE- BLUE RIDGE BEHAVIORAL HEALTHARE BOARD OF DIRECTORS : The Mayor called attention to the upcoming expiration of the three-year term of office of Daniel E. Karnes as a City representative of the Blue Ridge Behavioral Healthcare Board of Directors ending December 31 , 2015; whereupon, he opened the floor for nominations. 317 Council Member Rosen placed in nomination the name of Lew Bishop. There being no further nominations, Mr. Bishop was appointed to replace Daniel E. Karnes as a City representative of the Blue Ridge Behavioral Healthcare Board of Directors for a three-year term of office commencing January 1, 2016 and ending December 31, 2018, by the following vote: FOR MR. BISHOP: Council Members Ferris, Lea, Price, Rosen, Bestpitch and Mayor Bowers-6. (Vice-Mayor Trinkle was absent.) OATHS OF OFFICE-ARCHITECTURAL REVIEW BOARD: The Mayor called attention to the expiration of the three-year term of office of Derek Cundiff (Registered Architect) as a member of the Architectural Review Board ending October 1, 2015; whereupon, he opened the floor for nominations. Council Member Rosen placed in nomination the name of Bill Hume. There being no further nominations, Mr. Hume was appointed to replace Derek Cundiff (Registered Architect) as a member of the Architectural Review Board for a term of office ending October 1, 2019, by the following vote: FOR MR. HUME: Council Members Ferris, Lea, Price, Rosen, Bestpitch and Mayor Bowers-6. (Vice-Mayor Trinkle was absent.) OATHS OF OFFICE-BOARD OF ZONING APPEALS: The Mayor called attention to the upcoming expiration of the three-year terms of office of Michael Woolwine and Marcus Huffman as members of the Board of Zoning Appeals ending December 31, 2015; whereupon, he opened the floor for nominations. Council Member Rosen placed in nomination the names of Michael Woolwine and Marcus Huffman. There being no further nomination Messrs. Woolwine and Huffman were reappointed as members of the Board of Zoning Appeals for three-year terms of office, each, ending December 31 , 2018, by the following vote: FOR MESSRS. WOOLWINE AND HUFFMAN: Council Members Ferris, Lea, Price, Rosen, Bestpitch and Mayor Bowers-6. (Vice-Mayor Trinkle was absent.) 318 OATHS OF OFFICE-LOCAL OFFICE ON AGING ADVISORY BOARD: The Mayor called attention to the upcoming expiration of the one-year term of office of Cindy McFall as the City's representative to the Local Office on Aging Advisory Board ending February 2, 2016; whereupon, he opened the floor for nominations Council Member Rosen placed in nomination the name of Cindy McFall. There being no further nominations, Ms. McFall was reappointed as the City's representative to the Local Office on Aging Advisory Board for a one-year term of office ending February 28, 2017, by the following vote: FOR MS. MCFALL: Council Members Ferris, Lea, Price, Rosen, Bestpitch and Mayor Bowers-6. (Vice-Mayor Trinkle was absent.) At 3:30 p.m ., the Council meeting was declared in recess for continuation of the Closed Meeting in the Council's Conference Room, Room 451, Noel C. Taylor Municipal Building. At 4:43 p.m., the Council meeting reconvened in the Council Chamber, Mayor Bowers presiding and all Members of the Council in attendance, with the exception of Vice-Mayor Trinkle. 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 Ferris, Lea, Price, Rosen, Bestpitch and Mayor Bowers-6. NAYS: None-0. (Vice-Mayor Trinkle was absent.) 319 There being no further business to come before the Council, the Mayor declared the meeting adjourned at 4:44 p.m. APPROVED ATTEST: ~M . h'/ol>\.~ Stephanie M. Moon RAyno~~.J~MC David A. Bowers City Clerk Mayor

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