City Council

320 ROANOKE CITY COUNCIL-REGULAR SESSION December 21 , 2015 2:00p.m. The Council of the City of Roanoke met in regular session on Monday, December 21, 2015, at 2:00 p.m., in the Council Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, pursuant to Chapter 2, Administration, Article II, City Council, Section 2-15, Rules of Procedure, Rule 1, Regular Meetings, Code of the City of Roanoke (1979), as amended, and pursuant to Resolution No. 40280-070615 adopted by the Council on Monday, July 6, 2015, with Mayor David A. Bowers presiding. PRESENT: Council Members Sherman P. Lea, Anita J. Price, Court G. Rosen, David B. Trinkle, William D. Bestpitch, Raphael E. Ferris, and Mayor David A. Bowers-?. ABSENT: None-0. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Christopher P. Morrill, City Manager; Daniel J. Callaghan, City Attorney; Barbara A. Dameron, Director of Finance; and Stephanie M. Moon Reynolds, City Clerk. The Invocation was delivered by The Reverend Kenneth P. Lane, Pastor, Trinity Lutheran Church. Mayor Bowers called for a Moment of Silence in memory of Alphonzo L. Holland, Sr., 2003 Citizen of the Year and longtime City resident, who passed on Saturday, December 12, 2015; and without objection by the Council, the City Attorney was instructed to prepare the appropriate measure memorializing Mr. Holland at a future Council Meeting. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers.  321 PRESENTATIONS AND ACKNOWLEDGMENTS: ACTS OF ACKNOWLEDGMENT-CITIZEN OF THE YEAR: Vice-Mayor Trinkle offered the following resolution honoring David Stewart Wiley as the 2015 Citizen of the Year: (#40408-122115) A RESOLUTION naming and honoring David Stewart Wiley, Music Director and Conductor of the Roanoke Symphony Orchestra, as the City of Roanoke's 2015 Citizen of the Year. (For full text of resolution, see Resolution Book No. 78, page 114.) Vice-Mayor Trinkle moved the adoption of Resolution No. 40408-122115. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-?. NAYS: None-0. Mayor Bowers presented a ceremonial copy of the resolution to Mr. Wiley and his family who were in attendance. ACTS OF ACKNOWLEDGMENT-COMMUNICATIONS: The Mayor recognized the Office of Communications on receipt of two Summit Awards received from the PRSA Blue Ridge Chapter. He presented the awards to Melinda Mayo, Communication and Media Officer; and Timothy Martin, Communication and Media Coordinator. 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 and spoke about God's law. CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, the item would be removed from the Consent Agenda and considered separately. The Mayor called attention to a Closed Session request from the City Manager. 322 MINUTES: Minutes of the regular meeting of Council held on Monday, July 20, 2015, was before the body. (See copy of 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 Lea, Price, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-?. NAYS: None-0. CITY-OWNED PROPERTY: A communication from the City Manager requesting that the Council convene in a Closed Meeting to discuss the disposition of City-owned property located at 2750 Hoover Street, N. W. , where discussion in an open meeting would adversely affect the bargaining or negotiating strategy of the public body, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended, was before the body. (See communication on file in the City Clerk's Office.) Council Member Ferris moved that the 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 Lea, Price, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-?. NAYS: None-0. OATHS OF OFFICE-COURT COMMUNITY CORRECTIONS REGIONAL PROGRAM COMMUNITY CRIMINAL JUSTICE BOARD-HUMAN SERVICES ADVISORY BOARD-ROANOKE ARTS COMMISSION-ECONOMIC DEVELOPMENT AUTHORITY-YOUTH SERVICES CITIZEN BOARD: Reports of qualification of the following individuals: The Honorable Jacqueline Talevi as a City representative of the Court Community Corrections Regional Program Community Criminal Justice Board for a three-year term of office ending June 30, 2017; Wilton C. Kennedy as a member of the Human Services Advisory board for a four-year term of office ending November 30, 2019;  323 Susan Egbert as a member of the Roanoke Arts Commission for a three- year term of office ending June 30, 2017; Paula Page Williams as a Director of the Economic Development Authority for a term of office commencing November 16, 2015 and ending October 20,2017;and The Reverend Timothy Harvey as a member (Public) of the youth Services Citizen Board to fill the unexpired term of office of Lorena Wilson ending June 30, 2018 were before the Council: (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: AYES: Council Members Lea, Price, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-?. NAYS: None-0. REGULAR AGENDA PUBLIC HEARINGS: NONE. PETITIONS AND COMMUNICATIONS: NONE. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: DONATION-FLOODS: The City Manager submitted a written communication recommending acceptance of a donation of 18 tracts of land affronting Peters Creek Road, N. W., to the City of Roanoke from DAC, LLC, to improve water quality and flood control for downstream properties. (For full text, see communication on file in the City Clerk's Office.) 324 Council Member Rosen offered the following ordinance: (#40409-122115) AN ORDINANCE authorizing the City's acceptance of a certain donation and conveyance of property located in the North Peters Creek Road area from DAC, L.L.C., to the City of Roanoke, Virginia, for the benefit of the City's Storm Water Management System; authorizing the City Manager to execute the deed and any other necessary documents, subject to satisfactory title reports that confirm that DAC, L.L.C. is the owner of all such parcels, free and clear of all encumbrances other than those easements and restrictions of record acceptable to the City Manager and City Attorney, to accept the conveyance of property; expressing appreciation to DAC, L.L.C. for the donation of the land; and dispensing with the second reading of this Ordinance by title. (For full text of ordinance, see Ordinance Book No. 78, page 116.) Council Member Rosen moved the adoption of Ordinance No. 40409-122115. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-?. NAYS: None-0. COMMENTS BY THE CITY MANAGER. The City Manager shared the following comments: Holiday Schedule in Effect for Solid Waste, Recycling Collection • City offices will be closed on Thursday and Friday, December 24 and 25, for the Christmas holidays. • As a result, all residents and business owners are asked to set out their trash, bulk, and large piles of brush one day in advance. • Likewise, residents and businesses with B week recycling service are asked to set out their recycling carts one day in advance. • For more information, call (540) 853-2000, option 1. Roanoke 100-Miler Program • Registration is currently underway for the annual Roanoke 100-Miler. • This program, created by the Parks and Recreation Department, is a community active-living campa ign that challenges people to walk, run, hike, pedal, paddle, or exercise their way to 100 miles (or more) in 100 days. • Miles must be human-powered • Dogs can participate in the program with their owners. • Each year, more than 1,000 people participate in this program.  325 • The official start to the 2016 Roanoke 100-Miler is January 7. The challenge will end on April 15. • More information is available at www.RoanokelOOMiler.com Guns N Hoses Hockey • Coming to the Berglund Center Coliseum on Saturday, January 16, at 6:00 p.m. • Guns and Hoses is an annual charity ice hockey tournament to benefit the Muscular Dystrophy Association. • Each year, Roanoke-area firefighters (the "Hoses") take on a team of Roanoke-area police officers and law enforcement personnel (the "Guns"). • During the last 10 years, Roanoke's Guns and Hoses has raised more than $133,000 for the MDA, and more than 33,000 people have attended the games. • Ticket and parking information is available online at www.theberglundcenter.com Implementing LEAN: Operational Excellence for Local Government • The City of Roanoke is partnering with Virginia Tech to deliver this dynamic process improvement conference. • This event will be held March 3 - 4, 2016, at Hotel Roanoke. • Focus will be on government partnership with Virginia Tech. • Speakers will share the LEAN process with other local governments from around the country. • We hope this will become an annual event. Virginia Tech is considering creation of an academy for LEAN, and to become a center for LEAN training. REPORTS OF COMMITTEES: BUDGET-SCHOOLS: The Roanoke City School Board submitted a written report requesting appropriation of funds for various educational programs; and the Director of Finance submitted a written report recommending that Council concur in the request. (For full text, see reports on file in the City Clerk's Office.) Council Member Rosen offered the following budget ordinance: (#40410-122115) AN ORDINANCE to appropriate funding from the Federal Government for various educational programs, amending and reordaining certain sections of the 2015- 2016 School Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 78, page 117.) 326 Council Member Rosen moved the adoption of Budget Ordinance No. 40410- 122115. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-?. NAYS: None-0. UNFINISHED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF CITY COUNCIL: CITY GOVERNMENT: In order to rectify the exclusion of the City of Roanoke from the Welcoming America website due to a statement made by Mayor Bowers calling for the regional governments and nongovernmental agencies to suspend help in relocating Syrian refugees to the Roanoke Valley, Council Member Ferris offered a motion to reaffirm the commitment of the City of Roanoke to the principles and ideas of Welcoming America as set forth in the Proclamation of David A. Bowers, Mayor of the City of Roanoke, Virginia dated February 17, 2015. The motion was seconded by Council Member Rosen. In response to the motion, Mayor Bowers remarked that he still had concerns over the City of Roanoke's safety, adding that his position was personal and as noted in his earlier apology, and therefore, he stands by the contention that accepting Syrian refugees presents a safety concern for the City of Roanoke. Acknowledging his confusion as to whether the City was welcoming Syrian refugees or not, as well as to his surprise that the abovementioned motion was outside of Council's usual procedure in that City Council does not vote on proclamations. He called attention to the statement made by the Mayor on Wednesday, November 15, 2015, that certain citizens from various nationalities, race or place of origin were not welcome to the City of Roanoke, however, he believed that it would be appropriate for the Council to vote on a resolution to reconcile what has been said in the proclamation; but if left as is he would not support a proclamation from the Office of the Mayor that even the Mayor does not really agree with .  327 The City of Roanoke having been removed from the Welcoming America website, Council Member Ferris acknowledged his support of the reaffirmation was due to the Economic Development Department having requested a reaffirmation of the proclamation from the Office of the Mayor in order to have the City listed back on the website. He concluded with an apology to Council Member Bestpitch for not discussing the matter with him prior to making the motion. As dialogue ensured, the City Attorney clarified that Welcoming America wanted a statement to the principles as set forth in the previous proclamation; and he thought the best alternative at the moment was to have an endorsement of the principles as set forth in the proclamation; however, if the Council prefer a resolution, he would be pleased to prepare the appropriate measure for adoption during its 7:00p.m. session. Having spent an enormous amount of time regarding the matter, Council Member Ferris offered an amendment to his motion for the City Attorney to prepare the proper measure for adoption by the Council at its 7:00p.m. session to reaffirm the commitment of the City of Roanoke to the principles and ideals of Welcoming America as set forth in the Proclamation of David A. Bowers, Mayor of the City of Roanoke, Virginia dated February 17, 2015. The motion was seconded by Council Member Rosen and unanimously adopted. CELEBRATIONS: Council Member Price extended an invitation to the Council and public to visit the Harrison Museum of African American Culture in collaboration with Melrose Rugby Neighborhood Forum in celebration of Kwanzaa: Harvesting the Fruits on December 27, 2015-January 1, 2016. VACANCIES ON CERTAIN AUTORITIES, BOARDS, COMMISSIONS AND COMMITTEES APPOINTED BY COUNCIL: NONE. At 3:00p.m., the Mayor declared the Council meeting in recess until 7:00p.m., in the City Council Chamber. At 7:00 p.m., the Council meeting reconvened in the Council Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building, with Mayor David A. Bowers presiding. PRESENT: Council Members Sherman P. Lea, Anita J. Price, Court G. Rosen, David B. Trinkle, William D. Bestpitch, Raphael E. Ferris, and Mayor David A. Bowers-?. ABSENT: None-0. 328 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 Kenneth P. Lane, Pastor, Trinity Lutheran Church . The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. CITY COUNCIL: With respect to the Closed Meeting just concluded Council Member Price moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Closed Meeting was convened were heard, discussed or considered by City Council. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: A YES: Council Members Lea , Price, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-?. NAYS: None-0. PRESENTATIONS AND ACKNOWLEDGMENTS: ACTS OF ACKNOWLEDGMENT-DECEASED PERSONS: Council Member Price offered the following resolution memorializing the late Roy C. Kinsey, Jr., one of the creators of the Mill Mountain Star: (#40411-122115) A RESOLUTION memorializing the late Roy Cornelius Kinsey, Jr., a native of Roanoke and creator of the Star on Mill Mountain. (For full text of resolution, see Resolution Book No. 78, page 118.) Council Member Price moved the adoption of Resolution No. 40411-122115. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES : Council Members Lea, Price, Rosen , Trinkle, Bestpitch, Ferris, and Mayor Bowers-? . NAYS: None-0.  329 The Mayor presented a ceremonial copy of the resolution to Mary Link, daughter of Mr. Kinsey and the family who were in attendance. PUBLIC HEARINGS: TAXES: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, December 21, 2015 at 7:00p.m., or as soon thereafter as the matter may be heard , on the request of the Roanoke Community Garden Association, Inc., for designation of its real property from taxation located at 1718 Salem Avenue, S. W., 0 Salem Avenue, S. W., 712 Patterson Avenue, S. W., and 0 Campbell Avenue, S. W., the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Monday, December 14, 2015. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written report recommending adoption of an ordinance to authorize the Roanoke Community Garden Association's exemption from real property taxation, pursuant to Article X, Section 6 (a) 6 of the Constitution of Virginia, effective January 1, 2016. (For full text, see report on file in the City Clerk's Office.) Council Member Rosen offered the following ordinance: (#40412-122115) AN ORDINANCE exempting from real estate property taxation certain property located at 1718 Salem Avenue, S. W., 0 Salem Avenue, S. W., 712 Patterson Avenue, S. W., and 0 Campbell Avenue, S. W., Roanoke, Virginia, and depicted, respectively, as Official Tax Map Nos. 1211605, 1211604, 1112822, and 1112820, owned by Roanoke Community Garden Association, Incorporated (hereinafter "the Applicant"), an organization devoted exclusively to charitable or benevolent purposes on a non-profit basis; providing for an effective date; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 78, page 121 .) Council Member Rosen moved the adoption of Ordinance No. 40412-122115. The motion was seconded by Vice-Mayor Trinkle. Following comments by the City Manager regarding the City's standard policy on tax exemption requests, the Mayor inquired if there were persons present who wished to speak on the matter. There being none, he declared the public hearing closed. 330 There being no questions and/or comments by the Council Members, Ordinance No. 4D412-122115 was adopted by the following vote: AYES : Council Members Lea, Price, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-?. NAYS: None-D. 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. NONE. OTHER BUSINESS: PROCLAMATIONS-CITY GOVERNMENT: Council Member Ferris offered the following resolution in support of the principles of Welcoming America as set forth in its Welcoming Cities and Counties Project: (#4D413-122115) A RESOLUTION endorsing the principles of Welcoming America as articulated in its Welcoming Cities and Counties Project; and reaffirming the commitments of the City of Roanoke to foster a welcoming environment for all individuals regardless of race, ethnicity or place of origin, and to help unite our community and ensure that all are welcome. (For full text of resolution, see Resolution Book No. 78, page 123.) Council Member Ferris moved the adoption of Resolution No. 4D413-122115. The motion was seconded by Council Member Bestpitch and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-?. NAYS: None-D.  331 There being no further business to come before the Council, Mayor Bowers declared the Council meeting adjourned at 7:26 p.m. APPROVED ATTEST: ~M. ~ Stephanie M. Moon City Clerk :t:s. MMC 9'~91{~ Mayor