City Council

70 ROANOKE CITY COUNCIL-REGULAR SESSION November 20, 2017 2:00p.m. The Council of the City of Roanoke met in regular session on Monday, November 20, 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. 40879-070317 adopted by the Council on Monday, July 3, 2017. 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: RobertS. Cowell, Jr., City Manager; Daniel J. Callaghan, City Attorney; and Stephanie M. Moon Reynolds, City Clerk. The Invocation was delivered by The Reverend Steven E. Hall, Pastor, Roanoke Valley Bible Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Lea. PRESENTATIONS AND ACKNOWLEDGEMENTS: NONE. 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. MISCELLANEOUS: Robert Gravely, 3360 Hershberger Road, N. W., appeared before the Council and spoke about his termination as a City employee. AMTRAK: Barbara Duerk, 2607 Rosalind Avenue, S. W., appeared before the Council and encouraged more people to walk, bicycle, and suggested Valley Metro use natural gas, and that benches be added to the Amtrak train platform for patrons.  71 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 is desired, the item would be removed from the Consent Agenda and considered separately. He called attention to a request of the City Manager for City Council to convene in Closed Meeting to discuss the disposition of approximately 12.10 acres of City-owned property, being three parcels located at 2839, 2903, and 0 Peters Creek Road, N. W., where discussion in an open meeting would adversely affect the negotiating strategy of the public body, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended. CITY COUNCIL MINUTES: Minutes of the regular meeting of City Council held on Monday November 6, 2017, was before the body. (For full text, see Minutes on file in the City Clerk's Office.) Council Member Bestpitch moved that the minutes be dispensed with and approved as recorded. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Garland, Price, Trinkle, Bestpitch, Dykstra, Ferris, and Mayor Lea-7. NAYS: None-0. DISPOSITION OF APPROXIMATELY 12.10 ACRES OF CITY-OWNED PROPERTY: A communication from the City Manager requesting that Council convene in Closed Meeting to discuss the disposition of approximately 12.10 acres of City-owned property, being three parcels located at 2839, 2903, and 0 Peters Creek Road, N. W., where discussion in an open meeting would adversely affect the 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 Bestpitch moved that Council concur in the request of the City Manager to convene in a Closed Meeting as abovementioned. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Garland, Price, Trinkle, Bestpitch, Dykstra, Ferris, and Mayor Lea-7. NAYS: None-0. 72 ENTERPRISE ZONE ONE AND ITS SUBZONE 8: A communication from the City Manager requesting that Council schedule a public hearing to be held on Monday, December 18, 2017, at 7:00p.m., or as soon thereafter as the matter may be heard, or such later date and time as the City Manager may determine, to consider boundary amendments to Enterprise Zone One A and its Subzone 8, was before the body. (See communication on file in the City Clerk's Office.) Council Member Bestpitch moved that Council concur in the request of the City Manager as abovementioned. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Garland, Price, Trinkle, Bestpitch, Dykstra, Ferris, and Mayor Lea-7. NAYS: None-0. CHANGES TO THE STORMWATER FEE CODE: A communication from the City Attorney requesting that Council schedule a public hearing to be held on Monday, December 18, 2017, at 7:00p.m., or as soon thereafter as the matter may be heard, or such later date and time as the City Manager may determine, to consider changes to the stormwater fee code to allow application of partial payments to the oldest overdue bill on a real estate tax bill, was before the body. (See communication on file in the City Clerk's Office.) Council Member Bestpitch moved that 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 Garland, Price, Trinkle, Bestpitch, Dykstra, Ferris, and Mayor Lea-7. NAYS: None-0. PROPOSED VOTER PRECINCT REALIGNMENT: A communication from the City Attorney requesting that Council schedule a public hearing to be held on Monday, December 18, 2017, at 7:00p.m., or as soon thereafter as the matter may be heard, or such later date and time as the City Manager may determine, on a proposed voter precinct realignment, was before the body. (See communication on file in the City Clerk's Office.)  73 Council Member Bestpitch moved that 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 Garland, Price, Trinkle, Bestpitch, Dykstra, Ferris, and Mayor Lea-7. NAYS: None-0. CITIZENS' CLIMATE LOBBY: A communication from the City Manager in response to the request from Citizens' Climate Lobby for a resolution supporting federal legislation to impose a carbon fee for the use of carbon-based fuels and establish dividends distributable to consumers, was before the Council. (See communication on file in the City Clerk's Office.) Council Member Bestpitch moved that the communication be received and filed. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Garland, Price, Trinkle, Bestpitch, Dykstra, Ferris, and Mayor Lea-7. NAYS: None-0. FY 2018 CITY MANAGER TRANSFER REPORT: A communication from the City Manager transmitting the FY 2018 City Manager Transfer Report, was before the Council. (See communication on file in the City Clerk's Office.) Council Member Bestpitch moved that the communication be received and filed. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Garland, Price, Trinkle, Bestpitch, Dykstra, Ferris, and Mayor Lea-7. NAYS: None-0. 74 MEETING WITH CAB COMPANIES: A communication from the Assistant City Manager for Community Development regarding a meeting with cab companies on Monday, October 30, 2017, in response to a request of City Council, was before the body. (See communication on file in the City Clerk's Office.) Council Member Bestpitch moved that the communication be received and filed. The motion was seconded by Council Member Trinkle and adopted by the following vote: A YES: Council Members Garland, Price, Trinkle, Bestpitch, Dykstra, Ferris, and Mayor Lea-7. NAYS: None-0. RESIGNATION OF WAYNE BOWERS AS A CITY REPRESENTATIVE OF THE WESTERN VIRGINIA REGIONAL INDUSTRIAL FACILITY AUTHORITY: A communication from the City Clerk advising of the resignation of Wayne Bowers as a City representative of the Western Virginia Regional Industrial Facility Authority, effective immediately, was before the Council. (See communication on file in the City Clerk's Office.) Council Member Bestpitch moved that the resignation be accepted and the communication be received and filed. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Garland, Price, Trinkle, Bestpitch, Dykstra, Ferris, and Mayor Lea-7. NAYS: None-0. RESIGNATION OF ANTWYNE U. CALLOWAY AS A MEMBER OF THE ROANOKE NEIGHBORHOOD ADVOCATES: A communication from the City Clerk advising of the resignation of Antwyne U. Calloway as a member of the Roanoke Neighborhood Advocates, effective immediately, was before the Council. (See communication on file in the City Clerk's Office.)  75 Council Member Bestpitch moved that the resignation be accepted and the communication be received and filed. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Garland, Price, Trinkle, Bestpitch, Dykstra, Ferris, and Mayor Lea-7. NAYS: None-0. OATHS OF OFFICE-YOUTH SERVICES CITIZEN BOARD-BOARD OF ZONING APPEALS-VISIT VIRGINIA'S BLUE RIDGE BOARD OF DIRECTORS: Reports of qualification of the following individuals were before the Council: Brianna Wilson as a member (Alternate Student/William Fleming High School) of the Youth Services Citizen Board for a term of office ending June 30, 2018; Robert H. Logan, Ill, as a member of the Board of Zoning Appeals for a three-year term of office ending December 31, 2020; and Meg Carter as a City representative of the Visit Virginia's Blue Ridge Board of Directors to fill the unexpired term of office of Della Watkins ending June 30, 2018. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) Council Member Bestpitch moved that the reports of qualification be received and filed. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Garland, Price, Trinkle, Bestpitch, Dykstra, Ferris, and Mayor Lea-7. NAYS: None-0. REGULAR AGENDA PUBLIC HEARINGS: NONE. 76 PETITIONS AND COMMUNICATIONS: REIMBURSEMENT FOR BEING A LICENSED AGENCY OF DMV ("DMV SELECT"): The City Treasurer submitted a communication recommending acceptance and appropriation of funds received for reimbursement for being a Licensed Agency of DMV ("DMV Select"). (For full text, see communication on file in the City Clerk's Office.) Council Member Ferris offered the following budget ordinance: (#41001-112017) AN ORDINANCE to appropriate funding from the U.S. Department of Transportation through the Commonwealth of Virginia Department of Motor Vehicles to be a License Agent called a DMV Select Office, amending and reordaining certain sections of the 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 384.) Council Member Ferris moved the adoption of Budget Ordinance No. 41001- 112017. The motion was seconded by Council Member Dykstra. In response to being a Licensed Agency of DMV Select, the City Treasurer provided an overview of the DMV Select services offered in the Office of the City Treasurer. Following commendations to the Treasurer and staff by Council Member Garland, Budget Ordinance No. 41001-112017 was adopted by the following vote: AYES: Council Members Garland, Price, Trinkle, Bestpitch, Dykstra, Ferris and Mayor Lea-7. NAYS: None-0. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: CITY MANAGER:  77 BRIEFINGS: FY17 Year End (Unaudited) Results Amelia C. Merchant, Acting Director of Finance, gave an update on the FY2017 Year-End, highlighting the following items: • Key Themes of Fiscal 2017 o Revenues below budget by $4.95 million or 1.74% o Expenditures below budget by $6.88 million or 2.4% • FY 2017 Year-End Summary • Local Tax Summary • Other Revenue Summary • Total Revenue Summary • Disciplined Expenditure Management o Mid-year expenditure reductions based on projected local tax performance o Prudent management of contingency and operational funding • Expenditure Summary • Uses of Year-End Funding • City Unassigned General Fund Balance Exceeds Police Target of 10% • In Conclusion o FY2017 was a challenging year o Mid-year local tax revenue projection correction within 0.27% of actual year-end revenues o Strong expenditure control o Increase of Fund Balance level (For full text, see copy of presentation on file in the City Clerk's Office.) Following comments, the Mayor advised that the update would be received and filed. Financial Report for the Period Ended October 31, 2017 Amelia C. Merchant, Acting Director of Finance, gave an overview of the Financial Report for the period ended October 31, 2017, highlighting the following items: • FY18 General Fund Overview • Lodging Tax Revenue Through October • Personnel (Salary/Benefit) Lapse Through October • Worker Compensation • Public Safety Overtime Through October • Comprehensive Services Act (CSA) 78 • Residential Juvenile Detention • Solid Waste Tipping Fees • Fleet Parts • City Performance Stable Through September (For full text, see copy of presentation on file in the City Clerk's Office.) Following inquiries and comments by the Council Members, the Mayor advised that the update would be received and filed. ITEMS RECOMMENDED FOR ACTION: BYRNE JUSTICE ASSISTANCE GRANT: The City Manager submitted a written communication recommending acceptance and appropriation of the Byrne Justice Assistance Grant funds from the Virginia Department of Criminal Justice Services to support the Positive Action in Roanoke Project. (For full text, see communication on file in the City Clerk's Office.) Council Member Bestpitch offered the following resolution: (#41 002-112017) A RESOLUTION accepting federal Byrne Justice Assistance Grant (JAG) program funding made to the City in collaboration with Family Service of Roanoke Valley, from the Virginia Department of Criminal Justice Services in connection with the "Positive Action in Roanoke" project, and authorizing execution of any required documentation on behalf of the City. (Forfull text of resolution, see Resolution Book No. 79, page 385.) Council Member Bestpitch moved the adoption of Resolution No. 41002-112017. The motion was seconded by Vice-Mayor Price. In response to an inquiry for an overview of the program, Karen Pillis, Director of Youth Development, Family Service of Roanoke Valley, advised that the Positive Action Program was housed in the Boys & Girls Clubs, Presbyterian Community Center, West End Center and several other after school centers. She noted that the current grant would allow for expansion of the program into the housing development neighborhood community rooms. She further advised that the program serves approximately 66 children and was founded on the principle that children cannot learn from the academic offerings provided in schools if their emotional learning and social skills were not up to par  79 Council Member Bestpitch highlighted many of the positive programs Roanoke City Public Schools' have to offer prior to Grade 3 and stated that with the Positive Action Program beginning at Grade 3, children are offered many of the opportunities needed early in life to realize their full potential going forward. Mayor Lea concurred in the comments of Council Member Bestpitch and advised that another aspect of the program was increasing the positive knowledge and skills of the parents through communication and relationship building activities which were critical. There being no further comments and/or inquiries by the Council Members, Resolution No. 41002-112017 was adopted by the following vote: AYES: Council Members Garland, Price, Trinkle, Bestpitch, Dykstra, Ferris and Mayor Lea-7. NAYS: None-0. Council Member Bestpitch offered the following budget ordinance: (#41 003-112017) AN ORDINANCE to appropriate funding from the U.S. Department of Justice Byrne Justice Assistance Grant (JAG) Program, as provided by the Virginia Department of Criminal Justice Services for the Positive Action Program, amending and reordaining certain sections of the 2017 - 2018 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 386.) Council Member Bestpitch moved the adoption of Budget Ordinance No. 41003- 112017. The motion was seconded by Vice-Mayor Price and adopted by the following vote: AYES: Council Members Garland, Price, Trinkle, Bestpitch, Dykstra, Ferris and Mayor Lea-7. NAYS: None-0. FY2018 BULLETPROOF VEST PARTNERSHIP GRANT: The City Manager submitted a written communication recommending acceptance and appropriation of funds received from the United States Department of Justice for the FY 2018 Bulletproof Vest Partnership Grant Award for use by the Police and Sheriff's Departments. (For full text, see communication on fife in the City Clerk's Office.) 80 Council Member Ferris offered the following resolution: (#41 004-112017) A RESOLUTION authorizing the acceptance of the FY18 Bulletproof Vest Partnership Grant Award made to the City by the United States Department of Justice, and authorizing execution of any required documentation on behalf of the City. (For full text of resolution, see Resolution Book No. 79, page 387.) Council Member Ferris moved the adoption of Resolution No. 41004-112017. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Garland, Price, Trinkle, Bestpitch, Dykstra, Ferris and Mayor Lea-7. NAYS: None-0. Council Member Ferris offered the following budget ordinance: (#41 005-112017) AN ORDINANCE to appropriate funding from the Federal government, Department of Justice, for the Bulletproof Vest Partnership Grant, amending and reordaining certain sections of the 2017 - 2018 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 388.) Council Member Ferris moved the adoption of Budget Ordinance No. 41005- 112017. The motion was seconded by Council Member Dykstra and adopted by the following vote: A YES: Council Members Garland, Price, Trinkle, Bestpitch, Dykstra, Ferris and Mayor Lea-7. NAYS: None-0. ENCROACHMENT PERMIT AT THE WILLIAMSON ROAD/HERSHBERGER ROAD INTERSECTION: The City Manager submitted a written communication recommending authorization of an Encroachment Permit at the Williamson Road/Hershberger Road intersection to install two cameras on the mast arms. (For full text, see communication on file in the City Clerk's Office.)  81 Council Member Trinkle offered the following ordinance: (#41 006-112017) AN ORDINANCE allowing an encroachment requested by the Williamson Road Area Business Association, Inc., to install and maintain private security cameras onto the mast arms of the City's traffic signal poles located in the City's public right-of-way along the intersection of Williamson Road and Hershberger Road, upon certain terms and conditions, and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 79, page 388.) Council Member Trinkle moved the adoption of Ordinance No. 41006-112017. The motion was seconded by Vice-Mayor Price and adopted by the following vote: A YES: Council Members Garland, Price, Trinkle, Bestpitch, Dykstra, Ferris and Mayor Lea-7. NAYS: None-0. At 3:32p.m., Mayor Lea declared the Council Meeting in recess. At 3:35 p.m., a joint meeting of the Council, Roanoke City School Board and Area Legislators was called to order to discuss the 2018 Legislative Program, with Mayor Lea presiding and all Members of the Council in attendance. STATE LEGISLATORS PRESENT: Senator David Sutterlein, Delegates Sam Rasoul, Gregory Habeeb, and Chris Head. SCHOOL BOARD TRUSTEES PRESENT: Mark K. Cathey, William B. Hopkins, Jr., Elizabeth C. S. Jamison, Laura D. Rottenborn, and Chairman Annette M. Lewis-5. SCHOOL BOARD TRUSTEES ABSENT: Lutheria H. Smith and Richard M. Willis, Jr.-2. OTHERS PRESENT: Rob Catron, Legislative Liaison; Dr. Rita D. Bishop, Superintendent, Roanoke City Public Schools; Timothy R. Spencer, Assistant City Attorney and Legal Counsel to Roanoke City Public Schools; and Cindy H. Poulton, Clerk to the Roanoke City School Board. Mayor Lea welcomed the area legislators and School Board Members in attendance and advised that Senator John Edwards was unable to attend the meeting. 82 Chairman Lewis thanked Mayor Lea and Council Member Ferris for their efforts and their delegation from the Roanoke region for its support of the Roanoke City Public Schools; further noting that several of the Trustees could not attend the meeting due to work conflicts. Council Member Ferris, Chair, Legislative Committee, thanked the legislators for their leadership in the General Assembly and their willingness to work together. He pointed out that the City tried to incorporate by reference those items listed in the VML Legislative Agenda. The Legislative Liaison highlighted the following 2018 Legislation Priorities: 2018 Legislative Priorities: The City requests its legislative delegation to patron and support the following legislative initiatives: 1. Authorize localities to adopt ordinances limiting smoking within designated areas of outdoor public spaces. This proposal requires an amendment to the Virginia Clean Air Act (Sections 15.2-2820 through 15.2-2833). "' 2. Authorize treasurers and localities to retain third party collection services to collect any delinquent amount due a locality, including local taxes and fees, and reduce the delinquency period from six (6) months to three (3) months before collections activities may be commenced with the use of third party collection agencies. State Code currently limits the ability of the treasurer or director of finance in the use of third party collection agencies and also requires that such obligations be delinquent for at least six (6) months before such collection activities may be initiated. One fee affected by these limitations is delinquent parking citations. This proposal requires amendments to Sections 58.1-3919.1 and 58.1-3934. 3. Authorize localities and school districts to establish the school year start date. The City enjoys an exception that allows Roanoke Public Schools to start before Labor Day. Flexibility in establishing the school start is critical to the education of the children. This flexibility allows school districts to coordinate programs and educational opportunities. This proposal requires amendments to Chapter 22.1. (For full text, see copy of 2018 Legislative Program on file in the City Clerk's Office.)  83 With regard to smoking in the Elmwood Amphitheater, Senator Sutterlein advised that when the Smoking Bill that passed the Senate last year, it actually failed the first time and was revisited with the Lieutenant Governor breaking the tie, but was not as broad as the proposed Bill and the previous Bill was specifically for smoking in an open- air amphitheater. He stated that if the intention was to go broad, he would not be in support of the Bill and planned to vote against it once again. He offered his support of the third priority to allow the School Division to set their own calendar. As dialogue ensured Senator Sutterlein reiterated his opposition to prohibiting smoking in an open-air space in public. Following remarks from the Council Members and area Legislator, School Board Trustee Hopkins announced that November was "Take Your Legislator to School Month", and the School Division would be hosting a legislator event on Thursday, November 30 at 8:00 a.m.; and it was also announced that a Pilot Program entitled "Breakfast and Books" was being held at the Hurt Park Elementary School through December 16 2017. In conclusion, Mayor Lea expressed appreciation to the area legislators and School Board Trustees for attending and offering productive comments and wished everyone a Happy Thanksgiving. At 4:34p.m., the Mayor declared the Council Meeting in recess. At 4:48 p.m., the Council meeting reconvened in the Council Chamber for continuation of the 2:00p.m. session with Mayor Lea, presiding, and all Members of the Council in attendance. COMMENTS OF THE CITY MANAGER. The City Manager shared the following comments: Drumstick DASH Family 5K Walk and Run • November 23 starting at 9:00a.m. This race is a family-friendly event held each year on Thanksgiving morning to benefit the Roanoke Rescue Mission. • The route will wind through downtown Roanoke, starting at Williamson and Franklin Roads, and end on the historic Roanoke City Market. • This event has more than a dozen local sponsors, with Union Bank & Trust as the lead sponsor. Dickens of a Christmas • This is everyone's favorite holiday event, held on the first three Fridays in December every year. • This year, Dickens is celebrating its 35th anniversary. 84 • On Dec. 1, the City of Roanoke Christmas Tree Lighting will be held at 6:15p.m., with other activities running from 5:30p.m. to 10 p.m. • Due to Franklin Road Bridge construction and detour route along Jefferson Street, it will be necessary for this year's Christmas Parade to be moved to Saturday, December 9 at 6:00 p.m. • On December 8 instead of the parade -the Dickens Winter Carnival will be held from 6:00p.m. to 10:00 p.m. • On December 15 Dickens will feature the RVSPCA Pet Costume Contest at 6:30p.m. • More information is available at www.downtownroanoke.org "Elmwood on Ice" is open for business • We encourage citizens to make time for ice skating and ice sliding in Elmwood Park between now and January 28, 2018. • The Skating Rink and Ice Slide time is unlimited on the day you purchase your ticket. • Parking is available around Elmwood Park including in the Elmwood Park Garage and Lot, which are free weekdays after 5:00p.m. and all weekend. • Hours and admission information are available at www.downtownroanoke.org REPORTS OF COMMITTEES: VARIOUS EDUCATIONAL PROGRAMS: Roanoke City School Board submitted a written report requesting appropriation of funds for various educational programs; and the City Manager submitted a written report recommending that Council concur in the request. (For full text, see reports on file in the City Clerk's Office.) Vice-Mayor Price offered the following budget ordinance: (#41007-112017) AN ORDINANCE to appropriate funding from Federal and Commonwealth grants and the Schools general funds for various educational programs, amending and reordaining certain sections of the 2017 - 2018 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 390.) Vice-Mayor Price moved the adoption of Budget Ordinance No. 41007-112017. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Garland, Price, Trinkle, Bestpitch, Dykstra, Ferris and Mayor Lea-7. NAYS: None-0.  85 UNFINISHED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ECONOMIC DEVELOPMENT AUTHORITY: Council Member Trinkle offered the following resolution appointing Matthew Fink as a Director of the Economic Development Authority to fill the unexpired term of office of Thomas Cullen ending October 20, 2018: (#41008-112017) A RESOLUTION appointing a Director on the Board of Directors of the Economic Development Authority of the City of Roanoke, Virginia to fill the remaining portion of an unexpired four (4) year term on its Board of Directors. (For full text of resolution, see Resolution Book No. 79, page 394.) Council Member Trinkle moved the adoption of Resolution No. 41008-112017. The motion was seconded by Vice-Mayor Price and adopted by the following vote: AYES: Council Members Garland, Price, Trinkle, Bestpitch, Dykstra, Ferris and Mayor Lea-7. NAYS: None-0. MOTION AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: RELEASE OF CITY-OWNED PROPERTY AT 2750 HOOVER STREET, N. W.: Council Member Ferris moved that the City Manager be authorized to submit the appropriate request to the City Planning Commission to release City-owned property at 2750 Hoover Street, N. W., bearing Official Tax Map No. 2430601, a portion of the Villa Heights Park; and vacate the right of the City to maintain and operate and the right of the public to use the Recreation Center Parcel portion of the Park, and execute such other documents and take such other actions as are necessary to effectuate, implement and administer the request to the Planning Commission to vacate and release of the City's right to maintain and operate and the right of the public to use the Recreation Center Parcel portion of the Park, in accordance with applicable law. The motion was seconded by Vice-Mayor Price. 86 Council Member Dykstra advised of a personal interest in the abovementioned matter, and read the following Statement of Conflict of Interest into record: "STATEMENT OF CONFLICT OF INTEREST I, Michelle L. Dykstra, state that I have a personal interest in this motion presented today regarding the authorization of the City Manager to file an application with the City Planning Commission seeking to vacate and release City-owned property located at 2750 Hoover Street, N. W., bearing Official Tax Map No. 2430601 (the "Recreation Center Parcel") as a public park and a part of Villa Heights because my employer, Boys & Girls Club of Southwest Virginia, Inc., has an interest in a lease transaction with Restoration Housing, a Virginia corporation, that has entered into a contract to purchase the Recreation Center Parcel from the City. The lease transaction would be between Boys & Girls Club of Southwest Virginia, Inc. and Restoration Housing, or its permitted assignee. Therefore, pursuant to Virginia Code Section 2.2-3112, I must refrain from participation in this matter. 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 20th day of November 2017. S/Michelle L. Dykstra Michelle L. Dykstra Member of Council" (See Statement of Conflict of Interest on file in the City Clerk's Office.) The Assistant City Manager for Community Development advised that the Council authorized the contract of sale of the real estate back in August 2017 and Restoration Housing has asked the City of Roanoke to accelerate the potential closing of the property because of the potential changes in the Federal Historical Tax Credit Program that may take place as part of the tax bills currently circulating in both the House of Delegates and Senate. He noted that to effectuate closing prior to December 31, and assuming an affirmative action by the Council, the buyer would assure it has effective ownership prior to January 1, 2018; and based on pending legislation they could proceed with the project under the current tax credit allocations and in essence be grandfathered, a very critical financial component to their successful renovation of the building and addition to the receipt of the insurance proceeds that the City has obtained on the building.  87 There being no questions and/or comments by the Council Members, the abovementioned motion was adopted by the following vote: AYES: Council Members Garland, Price, Trinkle, Bestpitch, Ferris and Mayor Lea-6. NAYS: None-0. (Council Member Dykstra abstained from voting.) ANNUAL OLD SOUTHWEST PARLOR TOUR OF HOMES: The 38th Annual Old Southwest Parlor Tour of Homes on Saturday, December 2, 2017 from 5:00 p.m. - 9:00p.m.; and Sunday, December 3, 2017 from 1:00 p.m.-5:00p.m. MEN'S HEALTH MONTH: November 2017 declared as Men's Health Month (known as Movember). ROANOKE CATHOLIC HIGH SCHOOL: Congratulations to Roanoke Catholic High School on its VISAA Division Ill State Championship Football Game on November 17, 2017. VACANCIES ON CERTAIN AUTHORITIES, BOARDS, COMMISSIONS AND COMMITTEE APPOINTED BY COUNCIL: NONE. At 5:04 p.m., the Mayor declared the Council Meeting in recess for a Closed Meeting to be held in the Council's Conference Room, Room 451, fourth floor, Noel C. Taylor Municipal Building; and thereafter to be reconvened at 7:00 p.m., in the Council Chamber. At 7:00 p.m., the Council Meeting reconvened in the Council Chamber, , with Mayor Lea presiding. PRESENT: Council Members John A. Garland, Anita J. Price, William D. Bestpitch, Michelle L. Dykstra, Raphael E. Ferris, and Mayor Sherman P. Lea, Sr.-6. ABSENT: Council Member David B. Trinkle-1. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Robert S. Cowell, Jr., City Manager; Daniel J. Callaghan, City Attorney; and Stephanie M. Moon Reynolds, City Clerk. 88 The Invocation was delivered by The Reverend Dova C. Hensley, Pastor, First Church of the Brethren. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Lea. CERTIFICATION OF CLOSED MEETING: With respect to the Closed Meeting just concluded, Council Member Bestpitch 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 Ferris and adopted by the following vote: AYES: Council Members Garland, Price, Bestpitch, Dykstra, Ferris, and Mayor Lea-6. NAYS: None-0. (Council Member Trinkle was absent.) PRESENTATIONS AND ACKNOWLEDGEMENTS: CITIZEN OF THE YEAR: Vice-Mayor Price offered the following resolution recognizing Nicole Harris as the 2017 Citizen of the Year: (#41 009-112017) A RESOLUTION naming and honoring Nicole Lynn Harris as the City of Roanoke's 2017 Citizen of the Year. (For full text of resolution, see Resolution Book No. 79, page 395.) Vice-Mayor Price moved the adoption of Resolution No. 41009-112017. The motion was seconded by Council Member Dykstra. Mayor Lea pointed out that as the 2017 Citizen of the Year, Ms. Harris was presented a Key to the City and personalized engraved plaque at the 2017 Annual Roanoke Neighborhoods' Harvesting of the Fruits Potluck Dinner and Awards Celebration on November 10, 2017 at the Jefferson Center.  89 Following positive accolades to Ms. Harris for her many contributions and services to her neighbors to improve the southeast quadrant and improve the special quality of life in the City of Roanoke, Resolution No. 41009-112017 was adopted by the following vote: AYES: Council Members Garland, Price, Bestpitch, Dykstra, Ferris, and Mayor Lea-6. NAYS: None-0. (Council Member Trinkle was absent.) The Mayor presented Ms. Harris with a ceremonial copy of the resolution. ANNUAL FIRE PREVENTION WEEK ART CONTEST WINNERS: The Mayor recognized and presented Certificates of Achievement to the 13th Annual Fire Prevention Week Art Contest winners. COMMUNITY HEALTH PROMOTERS PROGRAM: The Mayor recognized and presented Certificates of Achievement to 21 graduates of the Community Health Promoters Program. PUBLIC HEARINGS: CRANDALL PROVIDENCE BUILDING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, November 20, 2017, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Crandall Providence Building to rezone property located at 813 Franklin Road, S. W., from MX, Mixed Use District, to MXPUD, Mixed Use Planned Unit Development District, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Tuesday, October 31, 2017, and Tuesday, November 7, 2017. (See publisher's affidavit on file in the City Clerk's Office.) The City Planning Commission submitted a written report recommending approval of the rezoning request, finding that the Original Application is consistent with the City's Comprehensive Plan, Old Southwest Neighborhood Plan, and Zoning Ordinance as an existing building will be able to be used in a manner appropriate to the surrounding neighborhood. (For full text, see report on file in the City Clerk's Office.) 90 Council Member Bestpitch offered the following ordinance: (#41 01 0-112017) AN ORDINANCE to rezone certain property located at 813 Franklin Road, S. W., from MX, Mixed Use District, to MXPUD, Mixed Use Planned Unit Development District; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 79, page 397.) Council Member Bestpitch moved the adoption of Ordinance No. 41010-112017. The motion was seconded by Vice-Mayor Price. David Crandall, Agent, appeared before the Council in support of the rezoning. The Mayor inquired if there were persons present who wished to speak on the matter. There being none, he declared the public hearing closed. There being no questions and/or comments by the Council Members, Ordinance No. 41010-112017 was adopted by the following vote: AYES: Council Members Garland, Price, Bestpitch, Dykstra, Ferris, and Mayor Lea-6. NAYS: None-0. (Council Member Trinkle was absent.) GREATER ROANOKE TRANSIT COMPANY: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, November 20, 2017, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Greater Roanoke Transit Company to vacate an alley between and parallel to 11th Street, S. E., and 12th Street, S. E., approximately 10 feet in width and extending perpendicular from the southern edge of Campbell Avenue, S. E., approximately 175 feet to the northern edge of Kirk Avenue, S. E., the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Tuesday, October 31,2017, and Tuesday, November 7, 2017. (See publisher's affidavit on file in the City Clerk's Office.) The City Planning Commission submitted a written report recommending approval of the request for vacation of the right-of-way, finding that the Original Application is consistent with the City's Comprehensive Plan and the Belmont- Fallon Neighborhood Plan, subject to the following conditions:  91 The Greater Roanoke Transit Company shall submit a subdivision plat to the Agent for the Planning Commission, receive all required approvals of, and record the plat with the Clerk of the Circuit Court for the City of Roanoke. Such plat shall combine all properties which would otherwise dispose of the land within the right-of-way to be vacated in a manner consistent with law, and retain appropriate easements for the installation and maintenance of any and all existing utilities that may be located within the right-of-way, including the right of ingress and egress. Upon meeting all conditions to the granting of the application, the Greater Roanoke Transit Company shall deliver a certified copy of this ordinance for recordation to the Clerk of the Circuit Court of Roanoke, Virginia, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the petitioner, and the names of any other parties in interest who may so request, as Grantees. The Greater Roanoke Transit Company shall pay such fees and charges as are required by the Clerk to effect such recordation. Upon recording a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Roanoke, Virginia, the Greater Roanoke Transit Company shall file with the Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. (For full text, see report on file in the City Clerk's Office.) Council Member Bestpitch offered the following ordinance: (#41011-112017) AN ORDINANCE permanently vacating, discontinuing and closing a public right-of-way in the City of Roanoke between and parallel to 11th Street, S. E., and 12th Street, S. E., and perpendicular to, and between, Campbell Avenue, S. E., and Kirk Avenue, S. E., as more particularly described hereinafter; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 79, page 398.) Council Member Bestpitch moved the adoption of Ordinance No. 41011-112017. The motion was seconded by Council Member Ferris. Sherman M. Stovall, Vice-President of Operations, Greater Roanoke Transit Company, appeared before the Council in support of the alley vacation. The Mayor inquired if there were persons present who wished to speak on the matter. There being none, he declared the public hearing closed. 92 Council Member Bestpitch commented on the public hearing held on Thursday, "' October 26, 2017 by the Greater Roanoke Transit Company Board of Directors with regard to a proposed rate increase from $1.50 to $1.75 for the general bus fare. He noted that many citizens attended the public hearing and understood the need for an increase and were very complimentary of Valley Metro exclaiming that the buses generally ran on time, clean and the drivers were very friendly and helpful to patrons as they rode the buses. There being no further inquiries and/or comments by the Council Members, Ordinance No. 41011-112017 was adopted by the following vote: AYES: Council Members Garland, Price, Bestpitch, Dykstra, Ferris, and Mayor Lea-6. NAYS: None-0. (Council Member Trinkle was absent.) HUM KOMBUCHA, LLC: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, November 20, 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 consider the sale of property located at 1950 Blue Hills Drive, N. E., consisting of approximately 12.042 acres, more or less, together with all improvements thereon, to Humm Kombucha LLC, an Oregon limited liability company, for the construction and operation of a brewery and packaging facility, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, November 10, 2017. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written report recommending execution of the agreement subject to approval as to form by the City Attorney. (For full text, see report on file in the City Clerk's Office.)  93 Council Member Dykstra offered the following ordinance: (#41 012-112017) AN ORDINANCE authorizing the City Manager to execute a Contract for Purchase and Sale of Real Property (the "Contract") between the City of Roanoke, Virginia (the "City"), and Humm Kombucha LLC, an Oregon limited liability company, qualified to transact business in the Commonwealth of Virginia (the "Parent"), and its subsidiaries or affiliates that may be created to own and/or operate the Facility described below (together, such subsidiaries and affiliates are "Subsidiaries" and the Parent and the Subsidiaries together, jointly and severally, are the "Buyer"), to sell to the Buyer certain real property located at 1950 Blue Hills Drive, N. E., Roanoke, Virginia 24012, consisting of approximately 12.042 acres, more or less, together with all improvements thereon, designated as Official Tax Map No. 7230103 (the "Property"), for the construction and operation of a brewery and packaging facility (the "Facility"), upon certain terms and conditions; authorizing the City Manager to accept a Nonnegotiable Promissory Note (the "Promissory Note") from the Buyer in the principal amount of $943,400.00 obligating the Buyer to pay the City, subject to the terms of the Promissory Note, the principal amount together with accrued interest at the rate of one percent (1 %) per annum, as set forth in the Promissory Note; authorizing the City Manager to execute a Deed of Trust between the City and the Buyer in which the Buyer will grant a first priority Deed of Trust on the Property to the City to secure payment and performance of the Promissory Note by the Buyer, as required by the terms of the Contract; authorizing the City Manager to execute such further documents and take such further actions as may be necessary to accomplish the above matters; and dispensing with the second reading of this Ordinance by title. (For full text of ordinance, see Ordinance Book No. 79, page 400.) Council Member Dykstra moved the adoption of Ordinance No. 41012-112017. The motion was seconded by Council Member Ferris. Wayne Bowers, Director, Economic Development; and Beth Doughty, Executive Director, Roanoke Regional Partnership, appeared before the Council in support of the proposal. The Mayor inquired if there were persons present who wished to speak on the matter. There being none, he declared the public hearing closed. The City Manager welcomed the City of Roanoke's newest business Humm Kombucha and thanked the Economic Development staff and Roanoke Regional Partnership for their efforts to bring the business to the City. 94 Following positive comments by several Council Members welcoming the business to the Roanoke Valley and stressing the importance of creating quality jobs in the City of Roanoke, along with thanking the Roanoke Regional Partnership and Economic Development Authority for their efforts, Ordinance No. 41012-112017 was adopted by the following vote: AYES: Council Members Garland, Price, Bestpitch, Dykstra, Ferris, and Mayor Lea-6. NAYS: None-0. (Council Member Trinkle was absent.) OTHER BUSINESS: At this point, Vice-Mayor Price left the Council Chamber (7:55p.m.) HUMM KOMBUCHA, LLC: The City Manager submitted a written report recommending execution of a Commonwealth's Development Opportunity Fund Performance Agreement among the City of Roanoke, the Economic Development Authority of the City of Roanoke, and Humm Kombucha, LLC (for itself and its subsidiaries and affiliates) for construction and operation of a brewery and packaging facility to be located at 1950 Blue Hills Drive, N. E. (For full text, see report on file in the City Clerk's Office.) Council Member Dykstra offered the following ordinance: (#41013-112017) AN ORDINANCE authorizing the proper City officials to execute a Commonwealth's Development Opportunity Fund Performance Agreement (the "Performance Agreement") among the City of Roanoke, Virginia (the "City"), the Economic Development Authority of the City of Roanoke, Virginia (the "EDA"), and Humm Kombucha LLC (the "Parent"), an Oregon limited liability company, authorized to transact business in the Commonwealth of Virginia, and its subsidiaries or affiliates that may be created to own and/or operate the Facility described below (together, such subsidiaries and affiliates are "Subsidiaries" and the Parent and Subsidiaries together, jointly and severally, are "Humm"), that provides for a grant in the amount of $150,000.00 subject to certain undertakings and obligations by the parties in connection with the development of City-owned property located at 1950 Blue Hills Drive, N.E., Roanoke, Virginia 24012 ("Property") that· Humm will acquire for the construction and operation of a brewery and packaging facility (the "Facility"); authorizing the City Manager to accept the COF Grant, defined below, with the requirement that Humm achieve certain Local Incentives as described in the Performance Agreement and to take such actions and execute such documents as may be necessary to provide for the  95 implementation, administration, and enforcement of the Performance Agreement; and dispensing with the second reading of this Ordinance by title. (For full text of ordinance, see Ordinance Book No. 79, page 404.) Council Member Dykstra moved the adoption of Ordinance No. 41013-112017. The motion was seconded by Council Member Bestpitch and adopted by the following vote: AYES: Council Members Garland, Bestpitch, Dykstra, Ferris, and Mayor Lea-5. NAYS: None-0. (Vice-Mayor Price was not present when the vote was recorded.) (Council Member Trinkle was absent.) Council Member Dykstra offered the following budget ordinance: (#41 014-112017) AN ORDINANCE to appropriate funding for the Humm Kombucha Commonwealth's Development Opportunity Fund Grant Performance Agreement project, 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 406.) Council Member Dykstra moved the adoption of Budget Ordinance No. 41014- 112017. The motion was seconded by Council Member Bestpitch and adopted by the following vote: AYES: Council Members Garland, Bestpitch, Dykstra, Ferris, and Mayor Lea-5. NAYS: None-0. (Vice-Mayor Price was not present when the vote was recorded.) (Council Member Trinkle was absent.) 96 HUMM KOMBUCHA, LLC: The City Manager submitted a written report recommending execution of a Performance Agreement regarding an Operation Period Economic Development Grant among the City of Roanoke, the Economic Development Authority of the City of Roanoke, and Humm Kombucha, LLC (for itself and its subsidiaries and affiliates) for construction and operation of a brewery and packaging facility to be located at 1950 Blue Hills Drive, N. E. (For full text, see report on file in the City Clerk's Office.) Council Member Dykstra offered the following ordinance: (#41 015-112017) AN ORDINANCE authorizing the proper City officials to execute a Performance Agreement Regarding Operation Period Economic Development Grant among the City of Roanoke, Virginia (the "City"), the Economic Development Authority of the City of Roanoke, Virginia (the "EDA"), and Humm Kombucha LLC (the "Parent"), an Oregon limited liability company, authorized to transact business in the Commonwealth of Virginia, and its subsidiaries or affiliates that may be created to own and/or operate the Facility described below (together, such subsidiaries and affiliates are "Subsidiaries" and the Parent and Subsidiaries together, jointly and severally, are "Humm"), that provides for grants estimated to be $155,251.00 subject to certain undertakings and obligations by the parties in connection with the development of City-owned property located at 1950 Blue Hills Drive, N. E., Roanoke, Virginia 24012 ("Property") that Humm will acquire for the construction and operation of a brewery and packaging facility (the "Facility"); authorizing the City Manager to take such actions and execute such documents as may be necessary to provide for the implementation, administration, and enforcement of such Performance Agreement; and dispensing with the second reading of this Ordinance by title. (For full text of ordinance, see Ordinance Book No. 79, page 407.) Council Member Dykstra moved the adoption of Ordinance No. 41015-112017. The motion was seconded by Council Member Bestpitch and adopted by the following vote: AYES: Council Members Garland, Bestpitch, Dykstra, Ferris, and Mayor Lea-5. NAYS: None-0. (Vice-Mayor Price was not present when the vote was recorded.) (Council Member Trinkle was absent.)  97 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. SOUTHEAST NEIGHBORHOOD: Terry Huxhold, 1125 16th Street, S. E., appeared before the Council with regard to recent fires in the southeast neighborhood and expressed concern about abandoned homes in the neighborhood, adding that dilapidated structures were a safety hazard for the community. At this point, Vice-Mayor Price re-entered the Council Chamber (8:02p.m.). He urged City Council to address issues of blighted properties and trash/debris. He also suggested a surcharge on real estate taxes for abandoned properties. There being no further business to come before the Council, Mayor Lea declared the Council meeting adjourned at 8:06p.m. APPROVED ATTEST: ~~'(n. ~~~DJ.G Stephanie M. Moon Reynolds, MMC Sherman P. Lea, Sr. City Clerk Mayor