City Council

500 ROANOKE CITY COUNCIL-REGULAR SESSION May 15, 2017 2:00p.m. The Council of the City of Roanoke met in regular session on Monday, May 15, 2017, 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, with Mayor Sherman P. Lea, Sr., presiding, pursuant to Chapter 2, Administration, Article II, City Council, Section 2-15, Rules of Procedure, Rule 1, Regular Meetings, Code of the City of Roanoke (1979), as amended, and pursuant to Resolution No. 40579-070516 adopted by the Council on Tuesday, July 5, 2016. PRESENT: Council Members John A. Garland, Anita J. Price, David B. Trinkle, William D. Bestpitch, Michelle L. Dykstra, Raphael E. Ferris, and Mayor Sherman P. Lea, Sr.-7. ABSENT: None-0. The Mayor declared the existence of a quorum. OFFICERS PRESENT: R. Brian Townsend, Acting City Manager; Daniel J. Callaghan, City Attorney; Barbara A. Dameron, Director of Finance; and Cecelia F. McCoy, Deputy City Clerk. The Invocation was delivered by The Reverend Anthony L. Holmes, Pastor, Loudon Avenue Christian Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Sherman P. Lea, Sr. PRESENTATIONS AND ACKNOWLEDGEMENTS: ACTS OF ACKNOWLEDGEMENT-PROCLAMATIONS: Mayor Lea declared May 2017 as Mental Health Month. (See ceremonial copy of proclamation on file in the City Clerk's Office.)  501 The Mayor presented a ceremonial copy of the Proclamation to Ashley Reynolds Marshall, Executive Director, Mental Health America of Roanoke Valley. 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. NEIGHBORHOODS-PERMITS: Chris Craft, 1501 East Gate Avenue, N. E., appeared before the Council in support of the reappointment of William B. Hopkins, Jr., as a School Board Trustee; and with regard to neighborhood issues. MISCELLANEOUS: Robert Gravely, 3360 Hershberger Road, N. W., appeared before the Council and spoke about the essence of time. TAXES: Estelle McCadden, 2128 Mercer Avenue, N. W., appeared before the Council to express concern regarding condition of the neighborhoods, and opposition of taxation on the elderly. PARKS: Freeda Cathcart, 2516 Sweetbrier Avenue, S. W., appeared before the Council and spoke about the preservation and maintenance of the caretaker's cabin in Fishburn Park; and requested that the City and Grandin Court Neighborhood Association work together. She referenced a petition being circulated to preserve the cottage. SOLID WASTE: Benjamin Bristol!, 1115 Howbert Avenue, S. W., appeared before the Council to express his opposition of the proposed Solid Waste fee and the decrease in funding for the art and culture endowment. CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda are considered to be routine by the Members of Council and will be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion are desired, the item would be removed from the Consent Agenda and considered separately. Council Member. Trinkle withdrew his two requests for Closed Meeting to discuss personnel matters, being the annual performances of the Council-Appointed Officers; and being the selection of a City Manager, pursuant to Section 2.2-3711 (A)(1 ), Code of Virginia (1950), as amended, respectively. MINIUTES: Minutes of the regular meetings of City Council held on Tuesday, January 3, 2017 and Tuesday, January 17, 2017, were before the body. (See Minutes on file in the City Clerk's Office.) 502 Council Member Ferris moved that the reading of the minutes be dispensed with and approved as recorded. The motion was seconded by Council Member Bestpitch and adopted by the following vote: AYES: Council Members, Garland, Bestpitch, Dykstra, Ferris, Price, Trinkle, and Mayor Lea-7. NAYS: None-0. BONDS: A communication of the Director of Finance requesting that Council schedule a public hearing for Monday, June 19, 2017, at 7:00 p.m., or as soon thereafter as the matter may be heard, or at such later date and time as the Acting City Manager shall determine, on the issuance of General Obligation Bonds not to exceed $33.5 million for qualifying capital improvement projects, was before the body. (For full text, see copy of communication on file in the City Clerk's Office.) Council Member Ferris moved that the Council concur in the request of the Director of Finance as abovementioned. The motion was seconded by Council Member Bestpitch and adopted by the following vote: AYES: Council Members, Garland, Bestpitch, Dykstra, Ferris, Price, Trinkle, and Mayor Lea-7. - NAYS: None-0. OATHS OF OFFICE-YOUTH SERVICES CITIZEN BOARD-COURT COMMUNITY CORRECTIONS: Reports of qualification John Lewis as a member of the Youth Services Citizen Board to fill the unexpired term of office of Paula Page Williams ending June 30, 2018; and Stephen D. Poff as a City representative (Chief Magistrate) of the Court Community Corrections Program Regional Community Criminal Justice Board ending June 30, 2020, 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 Bestpitch and adopted by the following vote: AYES: Council Members, Garland, Bestpitch, Dykstra, Ferris, Price, Trinkle, and Mayor Lea-7. NAYS: None-0. -  503 REGULAR AGENDA PUBLIC HEARINGS: NONE. PETITIONS AND COMMUNICATIONS: NONE. REPORTS OF CITY OFFICERS AND COMMENTS OF ACTING CITY MANAGER: ACTING CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: BUDGET-INSURANCE-EQUIPMENT: The Acting City Manager submitted a written communication recommending appropriation of funds in connection with fleet vehicle surplus sales and insurance recoveries. (For full text, see communication on file in the City Clerk's Office.) Council Member Ferris offered the following budget ordinance: (#40809-051517) AN ORDINANCE to appropriate funding from Sale of Surplus Property Revenue and Insurance Recoveries, amending and reordaining certain sections of the 2016 - 2017 Fleet Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 79, page 51.) Council Member Ferris moved the adoption of Budget Ordinance No. 40809-051517. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Garland, Dykstra, Ferris, Price, Trinkle, Bestpitch and Mayor Lea-7. NAYS: None-0. STORMWATER: The Acting City Manager submitted a written communication recommending acquisition of real property rights for the Blair Road Stormwater Drainage Improvement Project. (For full text, see communication on file in the City Clerk's Office.) 504 Council Member Bestpitch offered the following ordinance: ""'··• (#4081 0-051517) AN ORDINANCE providing for the acquisition of real property rights needed by the City in connection with the Blair Road 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. 79, page 52.) Council Member Bestpitch moved the adoption of Ordinance No. 40810-051517. The motion was seconded by Council Member Ferris and adopted by the following vote: AYES: Council Members Garland, Dykstra, Ferris, Price, Trinkle, Bestpitch and Mayor Lea-7. NAYS: None-0. LICENSES-TELECOMMUNICATIONS: The Acting City Manager submitted a written communication recommending execution of a Temporary Nonexclusive Revocable License Agreement with Shentel Communications, LLC, to allow construction, maintenance and operation of telecommunications facilities in the City's public right-of-way. (For full text, see communication on file in the City Clerk's Office.) Council Member Ferris offered the following ordinance: (#40811-051517) AN ORDINANCE authorizing the City Manager to execute on behalf of the City a Temporary Nonexclusive Revocable License Agreement with Shentel Communications, LLC, that allows the construction, maintenance, and operation of a telecommunications facility in, over, under, and across the City's rights- of-ways in order to provide telecommunications services within the City; authorizing the City Manager to implement, administer, and enforce such Temporary Nonexclusive Revocable License Agreement; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 79, page 54.) Council Member Ferris moved the adoption of Ordinance No. 40811-051517. The motion was seconded by Council Member Trinkle. .._  505 Following comments by Christopher Kyle, Vice President, Industry Affairs and Regulatory, Shentel Communications, Inc., shared information regarding the history of Shentel Communications, LLC and its request to install approximately 37 miles of fiber optic cable in the City's public right-of-way to provide network telecommunication services to 30 public schools in the Roanoke City Public School system, having approximately 90 percent of this distance being overhead lines utilizing existing utility poles, with the remaining 10 percent placed underground. Council Member Bestpitch asked if their broadband service will be available to businesses only or also to residential customers; whereupon, Mr. Kyle reiterated that the company is looking to provide network telecommunication services to the Roanoke City Schools, and subsequently the next phase being businesses. He concluded that there were no current plans for a residential build-out due to the competition for residential customers. There being no additional questions and/or comments by the Council Members, Ordinance No. 40811-051517 was adopted by the following vote: AYES: Council Members Garland, Dykstra, Ferris, Price, Trinkle, Bestpitch and Mayor Lea-7. NAYS: None-0. COMMENTS OF ACTING CITY MANAGER. The Acting City Manager shared the following comments: Commonwealth Awards Honor City Event • At the Annual Virginia Public Relations Awards Ceremony on May 10, the Office of Communications' entry -- "Bringing George Takei to Roanoke" -- received the 2017 Commonwealth Award of Excellence, for the Crisis Communication category. • This is the highest award an entry can receive in a category. • The entry was based on the city's efforts to reinforce its reputation as a welcoming community by inviting to Mr. Takei to come and share his life experiences supporting the importance of inclusion. Mayor's Summit to Address Starting a Business • Wednesday, May 24, 2017, 9:00a.m. to noon • Goodwill Industries of the Valley Support Center, 2502 Melrose Avenue, N. W. • The event will be focused on new and prospective business owners, and will introduce them to the best practices for streamlining the opening and operation of a business in the City of Roanoke. 506 Upcoming Events Local Colors Festival • May 20, 2017. • Elmwood Park, 11:00 a.m. to 5:00 p.m. Festival in the Park • Friday-Sunday, May 26-28, 2017. • Elmwood Park Lebanese Festival • Friday-Sunday, June 2-4, 2017. • St. Elias Social Hall, Church and grounds. 2017 Budweiser Summer Series is Coming to Elmwood Park The lineup features: • FloRida- July 16, 2017. • George Thorogood and The Destroyers- July 29, 2017. • Third Eye Blind- September 15, 2017. Tickets can be purchased through Berglund Center (online, at the box office, or by phone). DIRECTOR OF FINANCE: BUDGET-BONDS: The Director of Finance submitted a written report recommending authorization to issue General Obligation Public Improvement Refunding Bonds, not to exceed $45 million principal amount in refunding bonds on or before ,,..., June 30, 2018. (For full text, see report on file in the City Clerk's Office.) Council Member Bestpitch offered the following resolution: (#40812-051517) A Resolution authorizing the issuance and sale of not to exceed forty-five million dollars ($45,000,000) aggregate principal amount of city of Roanoke, Virginia, General Obligation Public Improvement Refunding Bonds; authorizing the sale of such Bonds at competitive or negotiated sale; fixing the form, denomination and certain other details of such bonds; and otherwise providing with respect to the issuance, sale and delivery of such bonds and the refunding of the refunded bonds. (For full text of resolution, see Resolution Book No. 79, page 55.) Council Member Bestpitch moved the adoption of Resolution No. 40812-051517. The motion was seconded by Council Member Ferris.  507 Following an explanation by Ms. Dameron that based upon discussion with the City's financial advisor, Public Financial Management, Inc., the city is currently in the position to generate moderate savings from issuing refunding bonds, regarding the purpose for the issuance of the General Obligation Public Improvement Refunding Bonds, Resolution No. 40812-051517 was adopted by the following vote: AYES: Council Members Garland, Dykstra, Ferris, Price, Trinkle, Bestpitch and Mayor Lea-7. NAYS: None-0. 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 Bestpitch offered the following budget ordinance: (#40813-051517) AN ORDINANCE to appropriate funding from the Commonwealth for various educational programs, amending and reordaining certain sections of the 2016 - 2017 School Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 79, page 71.) Council Member Trinkle moved the adoption of Budget Ordinance No. 40813-051517. The motion was seconded by Council Member Bestpitch and adopted by the following vote: AYES: Council Members Garland, Dykstra, Ferris, Price, Trinkle, Bestpitch and Mayor Lea-7. NAYS: None-0. 508 SCHOOLS-BUDGET: The Roanoke City School Board submitted a written report requesting amendment to the 2016 - 2017 Categorical Budget to increase revenues and expenditures of the School Board Food Service Fund; 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 Bestpitch offered the following budget ordinance: (#40814-051517) AN ORDINANCE adopting and reaffirming the real property tax rate as set forth in Article II of Chapter 32 of the Code of the City of Roanoke and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 79, page 71.) Council Member Bestpitch moved the adoption of Budget Ordinance No. 40814-051517. The motion was seconded by Council Member Ferris. In response to question posed by Council Member Ferris regarding proposed changes to the 2016-17 Budget for the Food Services Fund, Kathleen Jackson, Roanoke City Schools Chief Financial Officer, replied that the School Division has seen an increase in food service across the Commonwealth, especially in the supper - program in a lot of the schools to the after-school programs; and as a result the costs are higher than anticipated as well as the revenues. There being no additional questions and/or comments by the Council Members, Budget Ordinance No. 40814-051517 was adopted by the following vote: A YES: Council Members Garland, Dykstra, Ferris, Price, Trinkle, Bestpitch and Mayor Lea-7. NAYS: None-0. UNFINISHED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OR ORDINANCES AND RESOLUTIONS: NONE. MOTION AND MISCELLANEOUS BUSINESS:  509 INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: BUSINESS SUMMIT: Mayor Lea invited new and prospective business owners to a Business Summit to introduce best practices for streamlining the opening and operation of a business in the City of Roanoke; the FREE event will be held on Wednesday, May 24, 2017 from 9:00 a.m. - 12:00 noon, at Goodwill Campus located at Melrose Avenue N. W. and persons may contact Lisa Soltis at (540) 853-1695 with questions. YOUTH RECREATION: The Mayor also announced that the Lea Youth Outdoor Basketball League season will begin on May 30 at Melrose Park and June 1 at Fallon Park; girls and boys 11 - 18 years of age are being invited; cost is $10.00 with uniforms provided; contact James Lynch for early registration at (540) 627-0675. VACANCIES ON CERTAIN AUTHORITIES, BOARDS, COMMISSIONS AND COMMITTEES APPOINTED BY COUNCIL: NONE. OTHER BUSINESS: CONSIDERATION TO ADOPT RECOMMENDED FY 2017-2018 BUDGET AND OTHER RELATED ITEMS Mayor Lea announced that the following items were to be considered by the Council in connection with the City's Recommended 2017- 2018 Fiscal Year Budget, effective July 1, 2017: BUDGET: The Director of Finance submitted a Certificate of Funding advising that funds required for the 2017 - 2018 General Fund, Stormwater Utility Fund, Civic Facilities Fund, Parking Fund, Risk Management Fund, School Fund, School Food Fund and Grant Fund budgets will be available for appropriation, subject to the adoption of the revenue measures proposed by the Acting City Manager in the May 15, 2017 City Council Agenda. (See Certification of Funding on file in the City Clerk's Office.) Without objection by the Council, the Mayor advised that the Certificate of Funding would be received and filed. 510 TAXES: The Acting City Manager submitted a written report recommending adoption and reaffirmation of the real estate tax rate of $1.22 for every $100.00 of fair market value of such property, as set forth in the Code of the City of Roanoke (1979), as amended. (For full text, see report on file in the City Clerk's Office.) Council Member Ferris offered the following ordinance: (#40815-051517) AN ORDINANCE adopting and reaffirming the real property tax rate as set forth in Article II of Chapter 32 of the Code of the City of Roanoke and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 79, page 72.) Council Member Ferris moved the adoption of Ordinance No. 40815-051517. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Garland, Dykstra, Ferris, Price, Trinkle, Bestpitch and Mayor Lea-7. NAYS: None-0. CITY CODE-SOLID WASTE FEE: The Acting City Manager submitted a written communication recommending amendment of the City Code in connection with the implementation of a Solid Waste fee, effective January 1, 2018. (For full text, see communication on file in the City Clerk's Office.) Council Member Bestpitch offered the following ordinance: (#40816-051517) AN ORDINANCE amending and reordaining Section 14.1-5, Fees for collection, of Article I, In General, of Chapter 14.1, Solid Waste Management, of the Code of the City of Roanoke (1979), as amended; providing for effective dates; and dispensing with the second reading of this Ordinance by title. (For full text of ordinance, see Ordinance Book No. 79, page 73.)  511 Council Member Bestpitch moved the adoption of Ordinance No. 40816-051517. The motion was seconded by Vice-Mayor Price. Council Member Trinkle stated that he received many calls and emails in support of the Art Endowment; and noted that it was the most difficult budget to date and hoped that with implementation of the new fee, it would steer the City progressively, economically, and vitally in the future and include art funding. Council Member Trinkle further stated his disappointment with the decision to reduce the City's intended contribution of $125,000.00, which was already reduced from $250,000.00 a few years ago, down to $62,500.00; and added that cutting the arts funding would not be consistent with the City's progressive approach and agreed to revisit the funding matter in six months at the annual strategic planning session in an effort to make a multi-year commitment of minimum funding level to the Art Endowment. Council Member Garland expressed his objection to the $72,000.00 in cuts in funding of curb, gutter, and sidewalks, and other neighborhood infrastructure maintenance and improvements. He also advised that Arts were a quality of life provision for citizens as well as an economic development tool and felt that the Art Endowment should be fully funded. Council Member Ferris firmly rejected the suggestion that Council cut the art funding was absolutely incorrect and clarified that the part of the funding for the endowment was postponed, to be revisited in six months. He expressed he was proud of the Council for coming together and providing an opportunity to reinstate funding for the neighborhoods and potentially fund the Art Endowment at the level previously committed. Following additional dialogue with regard to the reduced Art Endowment funding and the preceding matter regarding the amendment of the City Code in connection with the implementation of a Solid Waste fee, effective January 1, 2018, Ordinance No. 40816-051517 was adopted by the following vote: AYES: Council Members Garland, Dykstra, Ferris, Price, Trinkle, Bestpitch and Mayor Lea-7. NAYS: None-0. 512 Council Member Bestpitch offered the following ordinance: (#40817 -051517) AN ORDINANCE establishing the fees for solid waste collection pursuant to Section 14.1-5(a), Fees for collection, of Article I, In General, of Chapter 14.1, Solid Waste Management, of the Code of the City of Roanoke (1979), as amended; providing for an effective date; and dispensing with the second reading of this Ordinance by title. (For full text of ordinance, see Ordinance Book No. 79, page 76.) Council Member Bestpitch moved the adoption of Ordinance No. 40817-051517. The motion was seconded by Council Member Dykstra and adopted by the following vote: AYES: Council Members Garland, Dykstra, Ferris, Price, Trinkle, Bestpitch and Mayor Lea-7. NAYS: None-0. Council Member Bestpitch offered the following resolution: (#40818-051517) A RESOLUTION amending the Fee Compendium to include fees for solid waste collection as set out below; and establishing an effective date. (For full text of resolution, see Resolution Book No. 79, page 78.) Council Member Bestpitch moved the adoption of Resolution No. 40818-051517. The motion was seconded by Vice-Mayor Price and adopted by the following vote: AYES: Council Members Garland, Dykstra, Ferris, Price, Trinkle, Bestpitch and Mayor Lea-7. NAYS: None-0. FEE COMPENDIUM-PARKING FEES: The Acting City Manager submitted a written communication recommending amendment and reinstatement of fees and violation charged at certain City-owned and/or controlled parking facilities; and providing for an amendment of certain fees for late payment or nonpayment of such parking fees, (For full text, see communication on file in the City Clerk's Office.)  513 Council Member Ferris offered the following ordinance: (#40819-051517) AN ORDINANCE providing for an amendment of the fees and violations charged at the City owned and/or controlled parking facilities, namely: Campbell Garage, Center in the Square Garage, Church Avenue Garage, Elmwood Park Garage, Gainsboro Garage, Market Garage, Tower Garage, Elmwood Lot, Higher Ed Center Lot, Market Lot, and Warehouse Row Lot; providing for an amendment of certain fees for late payment or nonpayment of such parking fees; establishing an effective date of such fees and violations charged at the City owned and/or controlled parking facilities; authorizing the City Manager to issue guidelines to implement, administer, and enforce such fees; and dispensing with the second reading of this Ordinance by title. (For full text of ordinance, see Ordinance Book No. 79, page 81.) Council Member Ferris moved the adoption of Ordinance No. 40819-051517. The motion was seconded by Council Member Bestpitch and adopted by the following vote: AYES: Council Members Garland, Dykstra, Ferris, Price, Trinkle, Bestpitch and Mayor Lea-7. NAYS: None-0. Council Member Ferris offered the following resolution: (#40820-051517) A RESOLUTION directing amendment of the Fee Compendium; and establishing an effective date. (For full text of resolution, see Resolution Book No. 79, page 94.) Council Member Ferris moved the adoption of Resolution No. 40820-051517. The motion was seconded by Council Member Bestpitch and adopted by the following vote: AYES: Council Members Garland, Dykstra, Ferris, Price, Trinkle, Bestpitch and Mayor Lea-7. NAYS: None-0. 514 BUDGET: Council Member Ferris offered the following budget ordinance setting forth the 2017 - 18 General, Stormwater, Utility, Civic Facilities, Parking, Risk Management, School General, School Fund Services, Grant Funds, and State Asset Sharing Program Ordinance: (#40821-051517) AN ORDINANCE adopting the annual General, Stormwater Utility, Civic Facilities, Parking, Risk Management, School General, School Food Services, Grant Funds, and State Asset Sharing Program Appropriations of the City of Roanoke for the fiscal year beginning July 1, 2017, and ending June 30, 2018; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 79, page 106.) Council Member Ferris moved the adoption of Budget Ordinance No. 40821-051517. The motion was seconded by Council Member Bestpitch and adopted by the following vote: A YES: Council Members Dykstra, Ferris, Price, Trinkle, Bestpitch and Mayor Lea-6. NAYS: Council Member Garland-1. CAPITAL IMPROVEMENTS PROGRAM-BUDGET: The Acting City Manager submitted a written communication recommending endorsement of the update to the Capital Improvements Program. (For full text, see communication on file in the City Clerk's Office.) Council Member Bestpitch offered the following resolution: (#40822-051517) A RESOLUTION endorsing the update to the Capital Improvement Program submitted by the Acting City Manager in the City Council Agenda Report of May 15,2017. (For full text of resolution, see Resolution Book No. 79, page 113.)  515 Council Member Bestpitch moved the adoption of Resolution No. 40822-051517. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Garland, Dykstra, Ferris, Price, Trinkle, Bestpitch and Mayor Lea-7. NAYS: None-0. Council Member Bestpitch offered the following budget ordinance: (#40823-051517) AN ORDINANCE to appropriate funding for the FY 2018 - 2022 Update to the Capital Improvement Program, amending and reordaining certain sections of the 2017 - 2018 General, Capital Projects, and Grant Funds Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 79, page 114.) Council Member Bestpitch moved the adoption of Budget Ordinance No. 40823-051517. The motion was seconded by Council Member Ferris and adopted by the following vote: AYES: Council Members Garland, Dykstra, Ferris, Price, Trinkle, Bestpitch and Mayor Lea-7. NAYS: None-0. BUDGET-ENTERPRISE ZONE: The Acting City Manager submitted a written communication recommending appropriation of FY2018 funds for Enterprise Zone. (For full text, see communication on file in the City Clerk's Office.) Council Member Bestpitch offered the following budget ordinance: (#40824-051517) AN ORDINANCE to appropriate funding from the Economic and Community Development Reserve for the Enterprise Zone Projects, amending and reordaining certain sections of the 2017 - 2018 Capital Projects Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 79, page 114.) 516 Council Member Bestpitch moved the adoption of Budget Ordinance No. 40824-051517. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Garland, Dykstra, Ferris, Price, Trinkle, Bestpitch and Mayor Lea-7. NAYS: None-0. HOUSING: The Acting City Manager submitted a written communication recommending consideration and approval of the 2016 - 2017 HUD Annual Plan. (For full text, see communication on file in the City Clerk's Office.) Vice-Mayor Price offered the following resolution: (#40825-051517) A RESOLUTION approving the 2017 - 2018 Annual Update ("Annual Update") to the 2015 - 2019 Consolidated Plan and authorizing the City Manager, or the City Manager's designee, to submit the approved Annual Update to the United States Department of Housing and Urban Development ("HUD") for final review and approval, and authorizing the execution of all necessary documents pertaining to such Annual Update. (For full text of resolution, see Resolution Book No. 79, page 116.) Vice-Mayor Price moved the adoption of Resolution No. 40825-051517. The motion was seconded by Council Member Trinkle and adopted by the following vote: A YES: Council Members Garland, Dykstra, Ferris, Price, Trinkle, Bestpitch and Mayor Lea-7. NAYS: None-0. PAY PLAN: Council Member Ferris offered the following ordinance establishing a Pay Plan for officers, employees, Council appointed officers and Constitutional Officers of the City; and authorization for certain salary adjustments and merit increases and monthly stipends for certain board and commission members, effective July 1, 2017:  517 (#40826-051517) AN ORDINANCE to adopt and establish a Pay Plan for officers, employees, Council appointed officers and Constitutional Officers of the City effective July 1, 2017; providing for certain salary adjustments; authorizing various annual pay supplements for certain officers and employees; 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. 79, page 117.) Council Member Ferris moved the adoption of Ordinance No. 40826-051517. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Garland, Dykstra, Ferris, Price, Trinkle, Bestpitch and Mayor Lea-7. NAYS: None-0. STORMWATER: The City Attorney submitted a written communication requesting that the City Clerk be authorized to schedule and advertise a public hearing on the amendment to Chapter 11.5, Stormwater Utility, Code of the City of Roanoke (1979), as amended, to be held on Monday, June 19, 2017 at 7:00 p.m., or as soon thereafter as the matter may be reached, or such date and time as deemed appropriate by the City Manager. (For full text, see communication on file in the City Clerk's Office.) Council Member Ferris moved that the Council concur in the request of the City Attorney as abovementioned. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Price, Trinkle, Bestpitch, Dykstra, Ferris, Garland and Mayor Lea-7. NAYS: None-0. At 3:43 p.m., Mayor Lea declared the Council meeting in recess to be reconvened at 4:00 p.m., in the City Council Chamber to conduct public interviews for School Board Trustees. 518 Mayor Lea announced that the remaining four applicants will to be interviewed as follows: • 4:00p.m. Ruth Elizabeth (Beth) Deel (Copy of Opening Statement on file in the City Clerk's Office) • 4:30 p.m. Jeanne Puckett Fishwick • 5:00 p.m. Keyshia Guthrie McNeil • 5:30 p.m. William B. Hopkins, Jr. He mentioned that the first four applicants were interviewed on Monday, May 1, 2017 at 3:00 p.m., in the Council Chamber; and on Monday, June 5, City Council will elect two successful applicants to serve on the School Board. The Mayor noted that the following questions had been sent to the applicants, in advance: QUESTIONS FOR SCHOOL BOARD APPLICANTS The schools recently with the help of a temporary tax accumulated a large fund balance. What level of fund balance should be reserved, and under .. _ what circumstances should it be used. As a school board member, how will you interact with city council? How do you see that relationship? The schools have out-sourced many operational items. Do you see this as working or not? How do you monitor the success of these programs and are there other pieces of operations that should be considered for out- sourcing? Over many years, the schools have attempted to share in certain operations that made sense with the city. Some have worked and some haven't. Ideas have included health insurance, playgrounds, recycling, and lawn maintenance. As a school board member, what are your thoughts on such programs? Should they remain separate or are there opportunities for improved services at lower costs? What is your experience working on boards or with large groups? How do you contribute, what do you bring to the table? Do you see yourself as one that can challenge opinions and suggestions or one that aims to take advice and try to keep group harmony?  519 Meeting demands on our urban school system while staying within budget is one of the primary tasks of the school board. How do you intend to contribute to this task? School Board often has to deal with personnel issues. These are vital to the success of the system and include hiring and retaining qualified teachers and administrators. However, the school board is only directly involved in hiring the superintendent. What experience in personnel would you bring to the school board? How would you handle personnel issues through the superintendent? Suppose in the next few years you were tasked with hiring a superintendent, how would you approach that? As a School Board Trustee, describe your role and relationship with the School Superintendent. The Roanoke Education Association is exploring the possibility of creating a referendum on changing from an appointed to an elected school board. What do you see as the advantages and disadvantages of each? At 5:51 p.m., Mayor Lea declared the Council meeting in recess to be reconvened at 7:00 p.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 Sherman P. Lea, Sr., presiding. PRESENT: Council Members John A. Garland, Anita J. Price, David B. Trinkle, Michelle L. Dykstra, Raphael E. Ferris, and Mayor Sherman P. Lea, Sr.-6. ABSENT: William D. Bestpitch-1. The Mayor declared the existence of a quorum. OFFICERS PRESENT: R. Brian Townsend, Acting City Manager; Daniel J. Callaghan, City Attorney; Barbara A. Dameron, Director of Finance; and Cecelia T. Webb, Assistant Deputy City Clerk. The Invocation was delivered by The Reverend Randy L. Martin, Pastor, Preston Oaks Baptist Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Sherman P. Lea, Sr. PRESENTATIONS AND ACKNOWLEDGEMENTS:  520 ACTS OF ACKNOWLEDGEMENT-LEADERSHIP: Mayor Lea recognized the City of Roanoke 2017 Leadership College Graduates; and presented each with a · Certificate of Achievement. ACTS OF ACKNOWLEDGEMENT: Mayor Lea recognized Boy Scout Troop No.8, sponsored by Raleigh Court Baptist Church, who was in attendance. PUBLIC HEARINGS: STORMWATER: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, May 15, 2017, at 7:00 p.m., or as soon thereafter as the matter may be heard, on a proposal of the City of Roanoke to authorize the use of "quick take" condemnation proceedings for the acquisition of various easements across, on, and under certain privately owned real property for the Cove Road/Dansbury Drive Stormwater Drainage Improvements Project, located at 3807 Cove Road, N. W., Official Tax Map No. 6401001, owned by Thomas E. and Delois Hubbard; and 3727 Cove Road, N. W., Official Tax Map No. 64011121, owned by Michael V. Hale, respectfully, for the purpose of making stormwater drainage infrastructure improvements in the neighborhood along the Fresno Cove Road/Dansbury Drive corridor to alleviate flooding and the accumulation of standing water caused by stormwater runoff, the matter was before body. Legal advertisement of the public hearing was published in The Roanoke Times ' .. on Friday, April 28, 2017, and Friday, May 5, 2017; and the Roanoke Tribune on Thursday, May 4, 2017. (See publishers' affidavit on file in the City Clerk's Office.) The Acting City Manager submitted a written report recommending authorization to acquire real property interests by eminent domain for the Cove Road/Dansbury Drive Stormwater Drainage Improvement Projects. (For full text, see report on file in the City Clerk's Office.) Council Member Garland offered the following ordinance: (#40827-051517) AN ORDINANCE authorizing the acquisition of permanent drainage easements on, over, and across certain parcels of real property, and the acquisition of a temporary construction easement on, over, and across a certain parcel of real property, all in connection with the Cove Road/Dansbury Drive Stormwater Drainage Improvements Project; authorizing the acquisition of such real property interests by negotiation; authorizing the condemnation and exercise of the City's quick- ,.,. ..,. take powers to acquire the permanent drainage easements, and a temporary construction easement, with respect to certain parcels of real property pursuant to  521 Section 15.2-1904 and Sections 25.1-300, et seq., Code of Virginia (1950) as amended, authorizing the proper City officials to take appropriate action for the acquisition of such easements required by the City for certain improvements to the City's infrastructure with respect to the Cove Road/Dansbury Drive Stormwater Drainage Improvements Project, as provided for in this ordinance by negotiation, or by condemnation and exercise of such quick-take powers; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 79, page 124.) Council Member Garland moved the adoption of Ordinance No. 40827-051517. The motion was seconded by Council Member Ferris. The Mayor inquired if there were persons present who wished to speak on the matter. There being none, he declared the public hearing closed. There being no comments and/or questions by the Council Members, Ordinance No. 40827-051517 was adopted by the following vote: AYES: Council Members Garland, Dykstra, Ferris, Price, Trinkle and Mayor Lea-6. NAYS: None-0. (Council Member Bestpitch was absent.) UTILITIES-COMMUNICATIONS: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, May 15, 2017 at 7:00 p.m., or as soon thereafter as the matter may be heard, on a proposal of the City of Roanoke to develop a proposed joint communications center for (i) an 811 Center to be owned and operated by Virginia Utility Protection Service, Inc.; and (ii) an E-911 Center to be owned and operated by the City, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Monday, May8, 2017. (See publisher's affidavit on file in the City Clerk's Office.) The City Attorney submitted a written report recommending that the City Manager be authorized to execute an agreement, without limitation, related to the development of the Joint Project, subject to approval as to form by the City Attorney. (For full text, see report on file in the City Clerk's Office.) Council Member Trinkle offered the following ordinance: 522 (#40828-051517) AN ORDINANCE authorizing the City Manager to execute a proposed agreement ("Agreement") regarding the development of a proposed joint communications center ("Facility") for an 811 Center to be owned and operated by Virginia Utility Protection Service, Inc. ("VA811"), and an E-911 Center to be owned and operated by the City of Roanoke ("Joint Project") which the City of Roanoke ("City") is in the process of soliciting proposals for the design/build of the proposed Facility to be located on certain real property, presently owned by the City, situated at 0 Blue Hills Circle, N. E., Roanoke, Virginia, bearing Official Tax Map No. 7280104 ("Property"); authorizing the City Manager to execute all documents necessary to perform, effectuate, administer, and enforce the proposed Agreement; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 79, page 129.) The Mayor inquired if there were persons present who wished to speak on the matter. There being none, he declared the public hearing closed. Following comment by the City Attorney with regard to the necessary steps being taken in connection with the design/build of the proposed facility to be located on certain real property, presently owned by the City situated at 0 Blue Hills Circle, N. E., Official Tax Map No. 7280104, containing approximately 6.5928 acres, Ordinance No. 40828- 051517 was adopted by the following vote: AYES: Council Members Garland, Dykstra, Ferris, Price, Trinkle and Mayor Lea-6. NAYS: None-0. (Council Member Bestpitch was absent.) CITY CODE: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, May 15, 2017 at 7:00 p.m., or as soon thereafter as the matter may be heard, on a proposal of the City of Roanoke to amend Section 32-239, Definitions, Article X, Transient Occupancy Tax, Chapter 32, Taxation, Code of the City of Roanoke (1979), as amended, by amending the definition of "hotel" to include "bed and breakfast' and "homestay" establishments, and "short-term rental", as those terms are defined in Appendix A of Chapter 36.2., Zoning, of the Code of the City of Roanoke (1979), as amended, in order to allow for the application of the transient occupancy tax to bed and breakfast establishments, homestay establishments, and short-term rentals, for any room rental paid by a transient to any hotel, offering lodging for one or more persons, at any one time, effective July 1, 2017, the matter was before the body.  523 A legal advertisement of the public hearing was published in The Roanoke Times on Friday, May 5, 2017. (See publishers' affidavit on file in the City Clerk's Office.) The City Attorney submitted a written report recommending amendment of Section 32-239, Definitions, Article X, Transient Occupancy Tax, Chapter 32, Taxation, Code of the City of Roanoke (1979), as amended, to include homestay establishments, bed and breakfast establishments, and short-term rental establishments, all as defined in the City's Zoning Ordinance, and reduce the minimum occupancy from five persons to one person. (For full text, see report on file in the City Clerk's Office.) Council Member Ferris offered the following ordinance: "AN ORDINANCE amending Section 32-239, Definitions, of Article X, Transient Occupancy Tax, of Chapter 32, Taxation, of the Code of the City of Roanoke (1979) as amended ("City Code"), to include "bed and breakfast", "homestay establishments", and "short-term rental", as those terms are defined in Appendix A of Chapter 36.2, Zoning, for purposes of applicability of the transient occupancy tax; providing for an effective date, and dispensing with the second reading of this ordinance by title." Council Member Ferris moved the adoption of the ordinance. The motion was seconded by Council Member Dykstra. The City Attorney advised that he worked closely with the Director of Finance in preparation of the measure which would subject any lodging facility that has transients that stay less than 90 consecutive days, to be responsible for collecting the transient occupancy tax set at 8 percent, based on the daily room rate. He further advised that the City of Roanoke was one of the few localities in Virginia that regulated homestays and the General Assembly had considered enacting regulations, but had yet to do so. He pointed out that AirBnB in larger cities do collect occupancy tax from its customers and noted that the proposal was not time sensitive and Council could further explore the matter. Lastly, he stated that included within the definition, there were no exemptions with regard to state, federal or local government officials on government business; however, other exceptions included hospitals, nursing homes, and a few other facilities and the City may want to clarify that group care facilities were not intended to be subject to the tax because the facilities do not have occupants for less than 90 days. Mayor Lea inquired if there were person present who wished to speak on the matter. 524 Truda Roper, 1831 Oxford Avenue, S. W., Apartment A, AirBnB owner, appeared before the Council in opposition of the transient occupancy tax, stating that those who stay at her business were not required to pay the 8 percent occupancy tax, like those who stayed in a hotel and noted it would be a hardship and would affect negatively her livelihood. Susan Brocker, 5214 Woodbury Street, N. W., AirBnB owner, appeared before the Council in opposition of the matter stating that 8 percent was high for Roanoke and would negatively impact the guest and the homeowner who would have to report the taxes. She pointed out that in a highly competitive market it would not be feasible to increase rates to cover costs of the taxes. In response to inquiry with regard to the area tax rates, the City Attorney advised that the rates varied by county, but the rate for hotels was 8 percent. The Acting City Manager reminded the Council that three percent of the tax was dedicated to Visit Virginia's Blue Ridge and the amendment would close the differential and require everyone with transients to collect the tax. Following additional discussion with regard to collecting the tax, Mayor Lea declared the public hearing closed. Council Member Dykstra raised concerns if AirBnB did not facilitate tax collection, the burden would fall on the homeowners to raise rates in order to pay the City and noted that the tax would negatively impact the homeowners. She continued stating that lodging in an AirBnB's was a great way to showcase the City, but had major concerns about changing the definition without already having in place a method to collect the tax. Council Member Garland commented that he believed it was an issue of compliance and did not want to have a tax that only applied to those who wanted to be compliant and urged the Council to find a way for owners to pay across the board as well as a methodology to avoid non-compliance. The City Attorney stated that some localities already added taxes to customers' bills upon booking and suggested that the Council postpone any action on changes to the City Code and revisit the matter at the June 19 meeting. The Acting City Manager advised that more investigation was needed in terms of the timing between signing the agreement and initiating the fee; Council could delay the effective date to allow time for further discussion and the agreement could be in place prior to the effective date and give the operator or AirBnB time to adjust prior to the · ,,.. ordinance going into effect.  525 Council Member Dykstra added that she felt very strongly about not placing the burden on the homeowner to collect the tax and asked the City Attorney about the options. The City Attorney recommended that Council postpone action on the matter until the June 19, 2:00 p.m. session, to allow further investigation as to how other localities collected the taxes. Council Member Ferris moved to postpone the matter until June 19, at 2:00p.m. The motion was seconded by Council Member Dykstra and unanimously adopted. HEARING OF CITIZENS UPON PUBLIC MATTERS: City Council sets this time as a priority for citizens to be heard. All matters will be referred to the Acting City Manager for response, recommendation or report to Council, as he may deem appropriate. CITY GOVERNMENT: Terry Huxhold, 1125 161h Street, S. E., appeared before the Council to request assistance in arranging a meeting with Congressman Bob Goodlatte to discuss matters of mutual interest. GUNS: Mayor Lea announced that Friday, June 2, 2017 was National Gun Violence Awareness Day, and encouraged everyone to wear orange--a color that demands to be seen-to send a message that more can be done to end gun violence. There being no further business to come before the Council, Mayor Lea declared the regular meeting adjourned at 8:23p.m. APPROVED ATTEST: (!_~0-. 'I)Z~ Cecelia F. McCoy ~'?;z(S~~. Sherman P. Lea, Sr. Deputy City Clerk Mayor