City Council

111 ROANOKE CITY COUNCIL-REGULAR SESSION October 19, 2020 2:00p.m. The Council of the City of Roanoke met in regular session on Monday, October 19, 2020 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. 41772-070620 adopted by the Council on Monday, July 6, 2020. PRESENT: Council Members William D. Bestpitch, Joseph L. Cobb (participated by electronic means), Michelle L. Davis, Anita J. Price, Patricia White-Boyd, and Mayor Sherman P. Lea, Sr.-6. ABSENT: None-0. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Robert S. Cowell, Jr., City Manager; Timothy R. Spencer, City Attorney; and Cecelia F. McCoy, City Clerk. The Invocation was delivered by Council Member Anita J. Price. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Sherman P. Lea, Sr. PRESENTATIONS AND ACKNOWLEDGEMENTS: NONE. HEARING OF CITIZENS UPON PUBLIC MATTERS: City Council sets this time as a priority for citizens to be heard. If deemed appropriate, matters will be referred to the City Manager for response, recommendation or report to the Council. BICYCLE ACCESSIBILITY: Barbara N. Duerk, 2607 Rosalind Avenue, S. W., appeared before the Council regarding bicycle accessibility on Avenham Avenue, S. W.; and provided recommendations regarding equity and equality within City boards and commissions. 112 CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion were desired, the item would be removed from the Consent Agenda and considered separately. MINUTES OF THE REGULAR MEETING OF CITY COUNCIL: Minutes of the regular meeting of City Council held on Monday, October 5, 2020, was before the body. (See Minutes on file in the City Clerk's Office.) Council Member Davis moved that the reading of the minutes be dispensed with and approved as recorded. The motion seconded by Council Member Bestpitch and adopted by the following vote: AYES: Council Members Bestpitch, Cobb, Davis, Price, White-Boyd, and Mayor Lea-6. NAYS: None-0. 2020 CITIZEN OF THE YEAR AWARD: A communication from Mayor Sherman P. Lea, Sr., requesting that Council convene in a Closed Meeting to discuss the 2020 Citizen of the Year Award, pursuant to Section 2.2-3711 (A)(1 0), Code of Virginia (1950), as amended, was before the body. (See communication on file in the City Clerk's Office.) Council Member Davis moved that Council concur in the request of the Mayor as abovementioned. The motion seconded by Council Member Bestpitch and adopted by the following vote: AYES: Council Members Bestpitch, Cobb, Davis, Price, White-Boyd, and Mayor Lea-6. NAYS: None-0. ~-  113 .. COMMITTEE VACANCY-SELECTION OF CANDIDATE: A communication from Mayor Sherman P. Lea, Sr., requesting that Council convene in a Closed Meeting to discuss a personnel matter, being the selection of a candidate to fill the unexpired term of office of Djuna Osborne as a Member of Roanoke City Council, pursuant to Section 2.2-3711 (A)(1 ), Code of Virginia (1950), as amended, was before the body. (See communication on file in the City Clerk's Office.) Council Member Davis moved that Council concur in the request of the Mayor as abovementioned. The motion seconded by Council Member Bestpitch and adopted by the following vote: AYES: Council Members Bestpitch, Cobb, Davis, Price, White-Boyd, and Mayor Lea-6. NAYS: None-0. CONSULTATION WITH LEGAL COUNSEL AND BRIEFINGS BY STAFF MEMBERS OR CONSULTANTS PERTAINING TO ACTUAL LITIGATION: A communication from the City Attorney requesting that Council convene in a Closed Meeting to consult with legal counsel and hear briefings by staff members or consultants pertaining to actual litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigation posture of the City, pursuant to Section 2.2-3711 (A)(7), Code of Virginia (1950), as amended, was before the body. (See communication on file in the City Clerk's Office.) Council Member Davis moved that Council concur in the request of the City Attorney as abovementioned. The motion seconded by Council Member Bestpitch and adopted by the following vote: AYES: Council Members Bestpitch, Cobb, Davis, Price, White-Boyd, and Mayor Lea-6. NAYS: None-0 . .. 114 ACQUISITION OF REAL PROPERTY FOR PUBLIC PURPOSES: communication from the City Manager requesting that Council convene in a Closed A Meeting for discussion and consideration of the acquisition of real property for public - purposes, 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 Davis moved that Council concur in the request of the City Manager as abovementioned. The motion seconded by Council Member Bestpitch and adopted by the following vote: AYES: Council Members Bestpitch, Cobb, Davis, Price, White-Boyd, and Mayor Lea-6. NAYS: None-0. SCHEDULE PUBLIC HEARING: A communication from the City Manager requesting that Council schedule a public hearing to be held on Monday, November 16, 2020, at 7:00 p.m., or as soon thereafter as the matter may be heard, or such later date and time as the City Manager shall determine, in his discretion, to enter into a Parking Agreement for unreserved parking permits for the Center in the Square Garage located at 11 Campbell Avenue, S. E., was before the body. (See communication on file in the City Clerk's Office.) Council Member Davis moved that Council concur in the request of the City Manager as abovementioned. The motion seconded by Council Member Bestpitch and adopted by the following vote: AYES: Council Members Bestpitch, Cobb, Davis, Price, White-Boyd, and Mayor Lea-6. NAYS: None-0.  115 REGULAR AGENDA PUBLIC HEARINGS: CANDIDATES FOR CITY COUNCIL VACANCY: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, October 19, 2020 at 7:00 p.m., or as soon thereafter as the matter may be heard, to receive views of citizens regarding the applicants interviewed on Monday, October 5, to fill the unexpired term of office of Djuna L. Osborne as a Member of Roanoke City Council. The candidates are Dr. John R. Clements, Elizabeth Doughty, Alvin L. Nash, Luke W. Priddy and Vivian Sanchez-Jones, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, October 9, 2020, and The Roanoke Tribune, Thursday, October 15, 2020. (See publisher's affidavit on file in the City Clerk's Office.) The Mayor inquired if there were persons present who wished to speak in support of the abovementioned four candidates; whereupon, the following citizens appeared before Council: In support of Dr. John Randolph Clements: Morris Lusk, 2328 Colonial Avenue, S. W. Bryan Barbato, 3364 Collingwood Street, N. E. Peter Jessee, 3250 Allendale Street, S. W. Clarissa Dailey, 918 Staunton Avenue, N. W. Luke Bates, 2750 Avenel Avenue, S. W. Bernarda "Benie" Thompson, 3408 Wellington Drive, S. E. In support of Elizabeth Doughty: Gwen Mason, 1015 First Street, S. W. In support of Alvin L. Nash: Vickie Royer, 3772 Norway Avenue, N. W. Marcia Gunn, 1913 Rorer Avenue, S. W. In support of Luke W. Priddy: Leo Priddy, 435 Chin Quapin Trail, Christiansburg, Virginia 116 In support of Vivian Sanchez-Jones: Matthew Jones, 6354 Township Drive, Roanoke County Jordan Bell, 404 Gilmer Avenue, N. W. Alhan Mahmoud, 1602 Salem Avenue, S. W. Nada Melki, 417 Lakeview Drive, N. W. Levy Romero, 1240 Summit Lane, N. W. (See emails and letters of support on file in the City Clerk's Office.) There being no further speakers, the Mayor declared the public hearing closed, and remarked that all comments would be received and filed. He also announced that the appointment would be made at the 7:00 p.m. session. PETITIONS AND COMMUNICATIONS: NONE. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: LOCAL MATCH AND PERFORMANCE AGREEMENTS: The City Manager submitted a written communication recommending execution of a Local Match Agreement and Performance Agreement among the City of Roanoke, Economic Development Authority and ASGN Incorporated in connection with expansion of its workforce. (For full text, see communication on file in the City Clerk's Office.)  117 Council Member Davis offered the following ordinance: (#41895-101920) AN ORDINANCE authorizing the proper City officials to execute a Local Match Agreement supporting a Commonwealth's Development Opportunity Fund Performance Agreement among the City of Roanoke, Virginia ("City"), the Economic Development Authority of the City of Roanoke, Virginia ("EDA"), Virginia Economic Development Partnership Authority ("VEDP"), and ASGN Incorporated ("ASGN"), that provides for a grant in the amount not to exceed $150,000 subject to certain undertakings and obligations by ASGN in connection with the creation of new jobs at ASGN's office located at 501 South Jefferson Street, Roanoke, Virginia ; authorizing the City Manager to commit the City's portion of the Local Grant, defined below, with the requirement that ASGN achieve certain performance targets as described in the Local Match Agreement and to take such actions and execute such documents as may be necessary to provide for the implementation, administration, and enforcement of the Local Match Agreement; and dispensing with the second reading of this Ordinance by title. (For full text of ordinance, see Ordinance Book No. 81, page 395.) Council Member Davis moved the adoption of Ordinance No. 41895-101920. The motion seconded by Council Member Bestpitch and adopted by the following vote: AYES: Council Members Bestpitch, Cobb, Davis, Price, White-Boyd, and Mayor Lea-6. NAYS: None-0. Council Member White-Boyd offered the following ordinance: (#41896-1 01920) AN ORDINANCE authorizing the proper City officials to execute an Economic Development Job Grant Performance Agreement ("Performance Agreement") among the City of Roanoke, Virginia (the "City"), the Economic Development Authority of the City of Roanoke, Virginia (the "EDA"), and ASGN Incorporated ("ASGN"), that provides for a grant in the amount of $150,000 subject to certain undertakings and obligations by the parties in connection with the creation of new jobs at ASGN's office located at 501 South Jefferson Street, Roanoke, Virginia; 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. 81, page 395.) 118 Council Member White-Boyd moved the adoption of Ordinance No. 41896- 101920. The motion seconded by Council Member Price and adopted by the following vote: AYES: Council Members Bestpitch, Cobb, Davis, Price, White-Boyd, and Mayor Lea-6. NAYS: None-0. CARES FUNDING-BOARD OF ELECTIONS: The City Manager submitted a written communication to repeal Budget Ordinance No. 41853-090820 appropriating funds in connection with the FY 20 Coronavirus Aid, Relief, and Economic Security Act - Coronavirus Relief Fund for the Board of Elections. (For full text, see communication on file in the City Clerk's Office.) Council Member Bestpitch offered the following budget ordinance: (#41897-101920) AN ORDINANCE to appropriate funding from the Virginia Department of Elections for the Coronavirus Aid, Relief, and Economic Security Act (CARES Act)- Coronavirus Relief Fund, amending and reordaining certain sections of the 2019 - 2020 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 81, page 398.) Council Member Bestpitch moved the adoption of Budget Ordinance No. 41897- 101920. The motion seconded. by Council Member Davis and adopted by the following vote: AYES: Council Members Bestpitch, Cobb, Davis, Price, White-Boyd, and Mayor Lea-6. NAYS: None-0. COMMENTS OF CITY MANAGER: NONE.  119 REPORTS OF COMMITTEES: VARIOUS EDUCATIONAL PROGRAMS: The 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.) Council Member White-Boyd offered the following budget ordinance: (#41898-1 01920) AN ORDINANCE to appropriate funding from the Commonwealth, federal and private grant for various educational programs, amending and reordaining certain sections of the 2020 - 2021 School Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 81, page 399.) Council Member White-Boyd moved the adoption of Budget Ordinance No. 41898-101920. The motion seconded by Council Member Price and adopted by the following vote: AYES: Council Members Bestpitch, Cobb, Davis, Price, White-Boyd, and Mayor Lea-6. NAYS: None-0. UNFINISHED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OR ORDINANCES AND RESOLUTIONS: NONE. MOTION AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: FREE RIDES ON ELECTION DAY: Council Member Price announced that High Street Baptist Church is offering free rides to the General Election voting precincts now through Tuesday, November 3, 2020; contact the church office at 540-563-0123 for additional information. 120 MOVEMBER ANNUAL EVENT: Council Member Bestpitch announced the month of November was "Movember" an annual event to raise awareness of men's health issues; encouraged all men to get annual check-ups and to grow moustaches or beards in the month of November to support "Movember"; and brought attention to the wording on a plaque on the north entrance to the Municipal Building from Campbell Avenue that refers to a fort erected in 1756 "to guard the frontier from hostile Indians" and "the massacre of pioneer settlers in the Roanoke Valley by Delaware and Mingo Indians" in 1764 and offered to work with a history professor at Roanoke College in Colonial and Early American history to develop an interpretive sign that could be displayed next to the plaque. FREE RIDES ON ELECTION DAY: Council Member White-Boyd reminded the public that Valley Metro would be providing free rides to the election polls on Election Day, Tuesday, November 3, 2020. EARLY VOTING: Council Member Davis advised that 24 percent of City of Roanoke citizens have elected to vote early in person or dropped off completed absentee ballots and thanked residents for supporting the very important election. VACANCIES ON CERTAIN AUTHORITIES, BOARDS, COMMISSIONS AND COMMITTEES APPOINTED BY COUNCIL: TASK FORCE TO REDUCE GUN VIOLENCE: The Vice-Mayor called attention to a vacancy on the Task Force to Reduce Gun Violence. Vice-Mayor Cobb placed in nomination the name of Hannah Oakes. There being no further nominations, Ms. Oakes was appointed to replace Troy Gusler as a member of the Task Force to Reduce Gun Violence, by the following vote: AYES: Council Members Bestpitch, Cobb, Davis, Price, White-Boyd, and Mayor Lea-6. NAYS: None-0. At 3:28 p.m., Mayor Lea declared the Council Meeting in recess for a Closed Meeting; and thereafter to reconvene at 7:00 p.m., in the Council Chamber, Room 450, Noel C. Taylor Municipal Building.  121 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 William D. Bestpitch, Joseph L. Cobb (participated by electronic means), Michelle L. Davis, Anita J. Price, Patricia White-Boyd, and Mayor Sherman P. Lea, Sr.-6. ABSENT: None-0. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Robert S. Cowell, Jr., City Manager; Timothy R. Spencer, City Attorney; and Cecelia F. McCoy, City Clerk. The Invocation was delivered by The Reverend Kevin McNeil, Pastor, Bethany Christian Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Sherman P. Lea, Sr. CERTIFICATION OF CLOSED MEETING: With respect to the Closed Meeting just concluded, Council Member Price moved that each Member of City Council certify to the best of his or her knowledge that: ( 1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Closed Meeting was convened were heard, discussed or considered by City Council. The motion seconded by Council Member White-Boyd and adopted by the following vote: AYES: Council Members Bestpitch, Cobb, Davis, Price, White-Boyd, and Mayor Lea-6. NAYS: None-0. 122 PUBLIC HEARINGS: VACATE, DISCONTINUE AND CLOSE AN ALLEY: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, October 19, 2020, at 7:00 p.m., or as soon thereafter as the matter may be heard, on a request of Elizabeth C. Barbour, Esquire to vacate, discontinue and close an alleyway between two residential properties located at 708 and 712 Arbutus Avenue, S. E., the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Tuesday, September 29, 2020 and Tuesday, October 6, 2020. (See publisher's affidavit on file in the City Clerk's Office.) The City Planning Commission submitted a written report recommending approval of the vacation of right-of-way as requested, contingent upon certain conditions. (For full text, see report on file in the City Clerk's Office.) Council Member White-Boyd offered the following ordinance: (#41899-1 01920) AN ORDINANCE permanently vacating, discontinuing and closing a public right-of-way in the City of Roanoke located on 708 and 712 Arbutus 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. 81, page 400.) Council Member White-Boyd moved the adoption of Ordinance No. 41899- 101920. The motion seconded by Council Member Price. 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. 41899-101920 was adopted by the following vote: AYES: Council Members Bestpitch, Cobb, Davis, Price, White-Boyd, and Mayor Lea-6. NAYS: None-0. ""  123 ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, October 19, 2020, at 7:00 p.m., or as soon thereafter as the matter may be heard, on a request of ABRE Holdings, Inc., to rezone property located 3402 and 3410 Avenham Avenue, S. W., and 562 Dillard Road, S. W., from R-12, Residential Single Family 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 Monday, October 5, 2020 and Monday, October 12, 2020. (See publisher's affidavit on file in the City Clerk's Office.) The City Planning Commission submitted a written report recommending the approval of the rezoning request, finding that the Amended Application No. 1, as amended at the hearing and subsequently submitted as Amended Application No. 2, is consistent with the general principles within the City's Comprehensive Plan, South Roanoke Neighborhood Plan, and Zoning Ordinance as the subject property will be developed and used in a manner appropriate to the surrounding area. (For full text, see report on file in the City Clerk's Office.) Council Member Bestptich offered the following ordinance: (#41900-1 01920) AN ORDINANCE to rezone certain properties located at 3402 and 3410 Avenham Avenue, S. W., and 562 Dillard Road, S. W., from R-12, Residential Single-Family District, to MXPUD, Mixed Use Planned Unit Development District, subject to a certain condition proffered by the applicant; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 81, page 403.) Council Member Bestpitch moved the adoption of Ordinance No. 41900-101920. The motion seconded by Council Member Davis. The Mayor inquired if there were persons present who wished to speak on the matter; there being none, the Mayor declared the public hearing closed. 124 There being no comments and/or questions by the Council Members, Ordinance No. 41900-101920 was adopted by the following vote: AYES: Council Members Bestpitch, Cobb, Davis, Price, White-Boyd, and Mayor Lea-6. NAYS: None-0. COMMERCIAL PROPERTY ASSESSED CLEAN ENERGY (C-PACE) PROGRAM: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, October 19, 2020 at 7:00p.m., or as soon thereafter as the matter may be heard, on a proposal of the City of Roanoke to consider the adoption of a Commercial Property Assessed Clean Energy (C-PACE) Program to provide C-PACE loans for the initial acquisition and installation of eligible clean energy, resiliency, and/or stormwater management improvements with willing owners of qualifying properties, which may include renovations to existing properties or new construction, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Monday, October 5, 2020 and Monday, October 12, 2020. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written report recommending adoption of the C-PACE Ordinance and Financing Agreement, execution of any and all activities to procure a program administrator and all other necessary actions to implement the program in accordance with the Ordinance and the C-PACE Statute (Virginia Code Section 15.2-958.3). (For full text, see report on file in the City Clerk's Office.) Council Member Bestpitch offered the following ordinance: (#41901-101920) AN ORDINANCE amending the Code of the City of Roanoke (1979), as amended, by adding Chapter 32.3, Commercial Property Assessed Clean Energy (C-PACE) Financing Program; establishing an effective date; and dispensing with the second reading of this ordinance. (For full text of ordinance, see Ordinance Book No. 81, page 404.) Council Member Bestpitch moved the adoption of Ordinance No. 41901-101920. The motion seconded by Council Member Price.  125 The Mayor inquired if there were persons present who wished to speak on the matter; there being none, the Mayor declared the public hearing closed. There being no comments and/or questions by the Council Members, Ordinance No. 41901-101920 was adopted by the following vote: AYES: Council Members Bestpitch, Cobb, Davis, Price, White-Boyd, and Mayor Lea-6. NAYS: None-0. OTHER BUSINESS: INTERIM CITY COUNCIL MEMBER: Council Member White-Boyd offered the following resolution appointing an interim City Council Member to fill the Council vacancy created by the resignation of Djuna L. Osborne for a term commencing upon qualification and expiring December 31, 2022: (#41902-1 01920) A RESOLUTION appointing Vivian Sanchez-Jones as a member of City Council for the City of Roanoke in accordance with Section 4 of the City Charter and Virginia Code Section 24.2-228 for a term commencing upon qualification and expiring on December 31, 2022. (For full text of resolution, see Resolution Book No. 81, page 416.) Council Member Bestpitch stated that Council was extremely fortunate to have five well-qualified applicants interviewed for the appointment and Vivian Sanchez- Jones, was chosen to bring something to the Council that they have not had. Council Member Price commented that the decision was not easy; and she thanked all the candidates and encouraged them to continue to look for opportunities in which to share their gifts and talents. Council Member White-Boyd moved the adoption of Ordinance No. 41902- 101920. The motion seconded by Council Member Price and adopted by the following vote: AYES: Council Members Bestpitch, Cobb, Davis, Price, White-Boyd, and Mayor Lea-6. NAYS: None-0. 126 HEARING OF CITIZENS UPON PUBLIC MATTERS: City Council sets this time as a priority for citizens to be heard. If deemed appropriate, matters will be referred to the City Manager for response, recommendation or report to the Council. TRANSPARENCY OF THE ROANOKE CITY POLICE DEPARTMENT: Aaron Stevenson, 1022 Alison Lane, Vinton, Virginia, appeared before the Council regarding the lack of transparency in the Roanoke City Police Department. MISMANAGED MOUNTAIN BIKING TRAILS: lan Bongard, 7881 Bradshaw Road, Salem, Virginia, appeared before the Council regarding how the City mismanaged mountain biking trails and how to work together to benefit all. There being no further business to come before the Council, Mayor Lea declared the regular meeting adjourned at 7:36p.m. APPROVED ATTEST: Cecelia F. McCoy, CMC ~~/L>;_ Sherman P. Lea, Sr. City Clerk Mayor