City Council

184 ROANOKE CITY COUNCIL-REGULAR SESSION December 21, 2020 2:00p.m. The Council of the City of Roanoke met in regular session on Monday, December 21, 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 Vivian Sanchez-Jones, Patricia White-Boyd, William D. Bestpitch (participated by electronic means), Joseph L. Cobb, Michelle L. Davis, Anita J. Price, and Mayor Sherman P. Lea, Sr.-7. 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 Jeff Wilson, Pastor, Huntington Court Methodist 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: 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. Due to the recent increase and severity in COVID-19 cases in the City of Roanoke, out of an abundance of caution, the Roanoke City Council has determined that temporary changes are necessary. Roanoke City Council Members will continue to meet in person in City Council Chambers, observing all recommended safety protocols while members of the community wishing to address the City Council during Hearing of Citizens Upon Public Matters are required to participate virtually or via email by contacting the City Clerk's Office at clerk@roanokeva.gov and (540) 853-2541,  185 by 12:00 p.m., on December 21. The Council Chamber will not be accessible to the . general public during the meeting. The meeting will continue to be broadcast via RVTV-3 and on the City's Facebook account. Those citizens, who have signed up to speak before the Council, have been provided the Zoom meeting information and will be allowed to join the regular session at this Agenda Item 3 and address City Council by electronic communication means. Jordan Bell, 301 Gilmer Avenue, N. W., addressed the Council commending Council Member Davis for her service to the City of Roanoke. 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, November 16, 2020; recessed until Monday, December 1, 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 Price and adopted by the following vote: AYES: Council Members Sanchez-Jones, White-Boyd, Bestpitch, Cobb, Davis, Price, and Mayor Lea-7. NAYS: None-0. RESIGNATION ON BOARD OF ZONING APPEALS: A communication from the City Clerk advising of the resignation of Marcus Huffman as a member of the Board of Zoning Appeals, effective December 9, 2020, was before the Council. (See communication on file in the City Clerk's Office.) 186 Council Member Davis moved that the resignation be accepted and the communication be received and filed. The motion seconded by Council Member Price and adopted by the following vote: AYES: Council Members Sanchez-Jones, White-Boyd, Bestpitch, Cobb, Davis, Price, and Mayor Lea-7. NAYS: None-0. CALENDAR OF EVENTS FOR BUDGET DEVELOPMENT ACTIVITIES FOR FISCAL YEAR 2021 - 2022: A communication from the City Manager recommending adoption of the Calendar of Events for Budget Development Activities for Fiscal Year 2021 - 2022, was before the Council. (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 Price and adopted by the following vote: AYES: Council Members Sanchez-Jones, White-Boyd, Bestpitch, Cobb, Davis, Price, and Mayor Lea-7. NAYS: None-0. ANNUAL REPORTS OF THE CITY PLANNING COMMISSION, BOARD OF ZONING APPEALS, BUILDING AND FIRE CODE BOARD OF APPEALS AND ARCHITECTURAL REVIEW BOARD: Annual Reports of the City Planning Commission, Board of Zoning Appeals, Building and Fire Code Board of Appeals and Architectural Review Board for Fiscal Year 2020, was before the Council. (See copy of Annual Reports on file in the City Clerk's Office.) Council Member Davis moved that the Annual Reports be received and filed. The motion seconded by Council Member Price and adopted by the following vote: AYES: Council Members Sanchez-Jones, White-Boyd, Bestpitch, Cobb, Davis, Price, and Mayor Lea-7. NAYS: None-0.  187 OATHS OF OFFICE-TOWING ADVISORY BOARD-HUMAN SERVICES ADVISORY BOARD: Reports of qualification of Lieutenant James Price as a member (law enforcement) of the Towing Advisory Board for a term of office ending October 31, 2021; and James Foutz-Vega as a member of the Human Services Advisory Board for a term of office ending November 30, 2023, were before the Council: (See Oaths or Affirmations of Office on file in the City Clerk's Office.) Council Member Davis moved that the reports of qualification be received and filed. The motion seconded by Council Member Price and adopted by the following vote: AYES: Council Members Sanchez-Jones, White-Boyd, Bestpitch, Cobb, Davis, Price, and Mayor Lea-7. NAYS: None-0. REGULAR AGENDA PUBLIC HEARINGS: NONE. PETITIONS AND COMMUNICATIONS: TRANSIENT OCCUPANCY AND ADMISSION TAXES: The City Treasurer submitted a written communication recommending authorization to waive interest charges for transient occupancy and admission taxes; amend the process for calculating and applying penalties for admissions, prepared food and beverage and transient occupancy taxes; and the City Manager submitted a written communication concurring in the recommendation. (See copy of communication on file in the City Clerk's Office.) Vice-Mayor Cobb offered the following resolution: (#41930-122120) A RESOLUTION authorizing the City Treasurer to waive interest charges for Transient Occupancy Tax and Admission Tax; to amend the process for calculating and applying penalties for Admission Tax, Prepared Food and Beverage Tax, and Transient Occupancy Tax; and to authorize the City Treasurer to take such actions as may be necessary to provide for the implementation, administration, and enforcement of this Resolution; and providing for an effective date. (For full text of resolution, see Resolution Book No. 81, page 496.) 188 Vice-Mayor Cobb moved the adoption of Resolution No. 41930-122120. The motion seconded by Council Member Davis and adopted by the following vote: AYES: Council Members Sanchez-Jones, White-Boyd, Bestpitch, Cobb, Davis, Price, and Mayor Lea-7. NAYS: None-0. ADMENDMENT OF CITY CODE-TAXES: The City Treasurer submitted a written communication recommending amendment of the City Code relating to the assessment of penalties on certain taxes and other aspects of taxes in order to assist taxpayers or otherwise comply with State code requirements; and the City Manager submitted a written communication concurring in the recommendation. (See copy of communication on file in the City Clerk's Office.) Council Member Price offered the following ordinance: (#41931-122120) AN ORDINANCE amending and reordaining Section 32-226.1, Penalty for late remittance or false return, Article IX, Admissions Tax, Section 32-247.1, Penalty for late remittance or false return, Article X, Transient Occupancy Tax, and "'""" Section 32-295, Penalty for late remittance or false return, Article XIV, Tax on Prepared Food and Beverage, Chapter 32, Taxation, Code of the City of Roanoke (1979) as ~ ... amended, changing the manner in which penalties will be assessed for late payment of such taxes; establishing an effective date; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 81, page 497.) Council Member Price moved the adoption of Ordinance No. 41931-122120. The motion seconded by Council Member White-Boyd and adopted by the following vote: AYES: Council Members Sanchez-Jones, White-Boyd, Bestpitch, Cobb, Davis, Price, and Mayor Lea-7. NAYS: None-0. Vice-Mayor Cobb offered the following ordinance: (#41932-122120) AN ORDINANCE amending and reordaining Section 32-19, Penalty and interest on delinquencies-Generally, Article II, Real Estate Taxes Generally, and Section 32-106, Penalty and interest on delinquencies-Generally, Article Ill, Tax on Tangible Personal Property Generally, Chapter 32, Taxation, Code of the City of Roanoke (1979) as amended, to provide for a graduated penalty in the event of late  189 payments based on how soon such taxes are paid after the original date due; establishing an effective date; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 81, page 499.) Vice-Mayor Cobb moved the adoption of Ordinance No. 41932-122120. The motion seconded by Council Member Price and adopted by the following vote: AYES: Council Members Sanchez-Jones, White-Boyd, Bestpitch, Cobb, Davis, Price, and Mayor Lea-7. NAYS: None-0. Council Member Davis offered the following ordinance: (#41933-122120) AN ORDINANCE amending and reordaining subsection (d), Section 32-104, Levied; rate, Article Ill, Tax on Tangible Personal Property Generally, Chapter 32, Taxation, Code of the City of Roanoke (1979) as amended, which provides for a special personal property tax rate for certain motor vehicles which use clean special fuels; establishing an effective date; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 81, page 500.) Council Member Davis moved the adoption of Ordinance No. 41933-122120. The motion seconded by Council Member Price and adopted by the following vote: AYES: Council Members Sanchez-Jones, White-Boyd, Bestpitch, Cobb, Davis, Price, and Mayor Lea-7. NAYS: None-0. Vice-Mayor Cobb offered the following ordinance: (#41934-122120) AN ORDINANCE amending and reordaining Section 32-155, Penalty upon bank for failure to comply with article, Article VI, Bank Franchise Tax, Chapter 32, Taxation, Code of the City of Roanoke (1979) as amended, to make the penalty for a bank that fails to file a return, pay such tax, or fails to comply with any other provision required by such article, consistent with state code requirements; establishing an effective date; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 81, page 502.) 190 Vice-Mayor Cobb moved the adoption of Ordinance No. 41934-122120. The ' ,., motion seconded by Council Member White-Boyd and adopted by the following vote: AYES: Council Members Sanchez-Jones, White-Boyd, Bestpitch, Cobb, Davis, Price, and Mayor Lea-7. NAYS: None-0. Vice-Mayor Cobb offered the following ordinance: (#41935-122120) AN ORDINANCE amending and reordaining Section 19-20, When application due; when tax payable; extensions; penalty and interest for late payment; report and collection of delinquencies, Article I, In General, Chapter 19, License Tax Code, Code of the City of Roanoke (1979) as amended, clarifying the date from which a penalty will be assessed for late payment of such tax; establishing an effective date; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 81, page 504.) Vice-Mayor Cobb moved the adoption of Ordinance No. 41935-122120. The motion seconded by Council Member Price and adopted by the following vote: "'1 AYES: Council Members Sanchez-Jones, White-Boyd, Bestpitch, Cobb, Davis, - Price, and Mayor Lea-7. NAYS: None-0 SPECIAL ELECTION-CITY SHERIFF: The City Sheriff submitted a written communication recommending that no special election be ordered to fill the vacancy that retirement of the City Sheriff would create until the next regular election in November 2021; and the City Manager submitted a written communication concurring in the recommendation. (See copy of communication on file in the City Clerk's Office.) Council Member White-Boyd offered the following resolution: (#41936-122120) A RESOLUTION directing the City Attorney to petition the Circuit Court to request an order that no special election be ordered to fill the vacancy caused by the retirement of City of Roanoke Sheriff Timothy Alvin Allen, since such vacancy will occur within 12 months immediately preceding the end of his term in office. (For full text of resolution, see Resolution Book No. 81, page 505.)  191 Council Member White-Boyd moved the adoption of Resolution No. 41936- 122120. The motion seconded by Council Member Davis and adopted by the following vote: AYES: Council Members Sanchez-Jones, White-Boyd, Bestpitch, Cobb, Davis, Price, and Mayor Lea-7. NAYS: None-0. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: 2019 HIGHWAY SAFETY IMPROVEMENT PROGRAM FUNDS: The City Manager submitted a written communication recommending acceptance of the 2019 Highway Safety Improvement Program funds from the Virginia Department of Transportation for the Orange Avenue and Gainsboro Road/Burrell Street Pedestrian Safety Improvements Project. (For full text, see communication on file in the City Clerk's Office.) Council Member Price offered the following resolution: (#41937-122120) A RESOLUTION accepting the Virginia Department of Transportation's (VDOT's) award to the City in the total amount of $101,984 for the Orange Avenue and Gainsboro Road/Burrell Street Pedestrian Safety Improvements project; authorizing the City Manager to execute a VDOT Standard Project Administration Agreement for Federal-aid Projects and Appendix A for the Highway Safety Improvement Program ("HSIP"); and authorizing the City Manager to take certain other actions in connection with the above matters and project. (For full text of resolution, see Resolution Book No. 81, page 506.) Council Member Price moved the adoption of Resolution No. 41937-122120. The motion seconded by Council Member Davis and adopted by the following vote: AYES: Council Members Sanchez-Jones, White-Boyd, Bestpitch, Cobb, Davis, Price, and Mayor Lea-7. NAYS: None-0. 192 Council Member White-Boyd offered the following budget ordinance: (#41938-122120) AN ORDINANCE to appropriate funding from the Virginia Department of Transportation for the Highway Safety Improvement Program (HSIP), amending and reordaining certain sections of the 2020 - 2021 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 507.) Council Member White-Boyd moved the adoption of Ordinance No. 41938- 122120. The motion seconded by Vice-Mayor Cobb and adopted by the following vote: AYES: Council Members Sanchez-Jones, White-Boyd, Bestpitch, Cobb, Davis, Price, and Mayor Lea-7. NAYS: None-0. FY 2021 HEALTHY HOMES LEAD BASED PAINT REDUCTION GRANT: The City Manager submitted a written communication recommending acceptance of the FY 2021 Healthy Homes Lead Based Paint Reduction Grant from the HUD Office of Lead Hazard Control; and approval of the newly funded Program Specialist - Site Coordinator position. (For full text, see communication on file in the City Clerk's Office.) Council Member Price offered the following resolution: (#41939-122120) A RESOLUTION accepting the Housing and Urban Development (HUD) Office of Lead Hazard Control and Healthy Homes FY2020 Lead Based Paint Reduction Grant from the U. S. Department of Housing and Urban Development (HUD) and authorizing execution of any required documentation on behalf of the City. (For full text of resolution, see Resolution Book No. 81, page 508.) Council Member Price moved the adoption of Resolution No. 41939-122120. The motion seconded by Council Member White-Boyd and adopted by the following vote: AYES: Council Members Sanchez-Jones, White-Boyd, Bestpitch, Cobb, Davis, Price, and Mayor Lea-7. NAYS: None-0.  193 Council Member White-Boyd offered the following budget ordinance: (#41940-122120) AN ORDINANCE to appropriate funding from the United States Department of Housing and Urban Development for the Lead Hazard Control Grant, amending and reordaining certain sections of the 2020 - 2021 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. 81, page 509.) Vice-Mayor Cobb moved the adoption of Ordinance No. 41940-122120. The motion seconded by Vice-Mayor Cobb and adopted by the following vote: AYES: Council Members Sanchez-Jones, White-Boyd, Bestpitch, Cobb, Davis, Price, and Mayor Lea-7. NAYS: None-0. COVID-1 9 MUNICIPAL UTILITY RELIEF PROGRAM: The City Manager submitted a written communication recommending appropriation of funds in connection with the COVID-1 9 Municipal Utility Relief Program to be used by the Western Virginia Water Authority to provide relief to eligible municipal utility customers due to ongoing matters related to the COVID-19 pandemic. (For full text, see communication on file in the City Clerk's Office.) Council Member White-Boyd offered the following budget ordinance: (#41941-122120) AN ORDINANCE to appropriate funding from the Department of Accounts for the COVID-1 9 Municipal Utility Relief Program, amending and reordaining certain sections of the 2020 - 2021 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 51 0.) Council Member White-Boyd moved the adoption of Ordinance No. 41941- 122120. The motion seconded by Council Member Price and adopted by the following vote: AYES: Council Members Sanchez-Jones, White-Boyd, Bestpitch, Cobb, Davis, Price, and Mayor Lea-7. NAYS: None-0. 194 LOCAL STATE OF EMERGENCY: The City Manager submitted a written communication recommending authorization to extend the term of Ordinance No. ' .. 41703-032720, as supplemented, from and beyond December 31, 2020 declaring a local state of emergency in connection with the COVID-19 pandemic. (For full text, see communication on file in the City Clerk's Office.) Vice-Mayor Cobb offered the following ordinance: (#41942-122120) AN ORDINANCE extending the term of Ordinance No. 41703- 032720, as supplemented by Ordinance No. 41709-040620, and as reinstated, reordained, and reaffirmed by Ordinance No. 41797 -070620; as reordained by Ordinance No. 4181 0-072020; establishing an effective date; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 81, page 511.) Vice-Mayor Cobb moved the adoption of Ordinance No. 41942-122120. The motion seconded by Council Member Price and adopted by the following vote: AYES: Council Members Sanchez-Jones, White-Boyd, Bestpitch, Cobb, Davis, Price, and Mayor Lea-7. NAYS: None-0. ... . AMENDMENT OF CITY CODE-PARTY BIKE VEHICLES: The City Manager submitted a written communication recommending amendment of the City Code to permit party bike vehicles to operate on City streets. (For full text, see communication on file in the City Clerk's Office.) Council Member White-Boyd offered the following ordinance: (#41943-122120) AN ORDINANCE amending and reordaining Chapter 34 Vehicles for Hire, Article IV Horse-Drawn Vehicles, Code of the City of Roanoke (1979), as amended; establishing an effective date; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 81, page 513.)  195 Council Member White-Boyd moved the adoption of Ordinance No. 41943- 122120. The motion seconded by Vice-Mayor Cobb and adopted by the following vote: AYES: Council Members Sanchez-Jones, White-Boyd, Bestpitch, Cobb, Davis, Price, and Mayor Lea-7. NAYS: None-0. AMENDMENT OF CITY CODE-TRESPASSING: The City Manager submitted a written communication recommending amendment of the City Code to allow lessees, custodians, and persons lawfully in charge of the property to ask the police to bar trespassers. (For full text, see communication on file in the City Clerk's Office.) Council Member White-Boyd offered the following ordinance: (#41944-122120) AN ORDINANCE amending and reordaining Section 21-32, Entering or remaining on property of another after having been forbidden to do so, Article I, General, of Chapter 21, Offences-Miscellaneous, 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. 81, page 518.) Council Member White-Boyd moved the adoption of Ordinance No. 41944- 122120. The motion seconded by Vice-Mayor Cobb and adopted by the following vote: AYES: Council Members Sanchez-Jones, White-Boyd, Bestpitch, Cobb, Davis, Price, and Mayor Lea-7. NAYS: None-0. AMENDMENT OF CITY CODE-ADDITIONAL HOLIDAYS: The City Manager submitted a written communication recommending amendment of the City Code to add additional holidays to the City's schedule. (For full text, see communication on file in the City Clerk's Office.) 196 Council Member White-Boyd offered the following ordinance: (#41945-122120) AN ORDINANCE amending Section 2-37, Office hours, work weeks and holidays, of Division 1, Generally, of Article Ill, Officers and Employees, Chapter 2, Administration, Code of the City of Roanoke (1979), as amended, and dispensing with the second reading of this ordinance. (For full text of ordinance, see Ordinance Book No. 81, page 520.) Council Member White-Boyd moved the adoption of Ordinance No. 41945- 122120. The motion seconded by Council Member Davis and adopted by the following vote: AYES: Council Members Sanchez-Jones, White-Boyd, Bestpitch, Cobb, Davis, Price, and Mayor Lea-7. NAYS: None-0. PUBLIC SAFETY HAZARD AND EMPLOYEE BONUS PAY: The City Manager submitted a written communication recommending authorization to provide for a one- time payment in appreciation to certain full-time and part-time employees. (For full text, see communication on file in the City Clerk's Office.) Vice-Mayor Cobb offered the following ordinance: (#41946-122120) AN ORDINANCE authorizing and approving a one-time payment in appreciation to certain City full-time employees in the amount of $1,000 each, a one-time payment to certain City part-time employees in the amount of $500 each, and dispensing with the second reading of this Ordinance by title. (For full text of ordinance, see Ordinance Book No. 81, page 522.) Vice-Mayor Cobb moved the adoption of Ordinance No. 41946-122120. The motion seconded by Council Member Davis and adopted by the following vote: AYES: Council Members Sanchez-Jones, White-Boyd, Bestpitch, Cobb, Davis, Price, and Mayor Lea-7. NAYS: None-0. COMMENTS OF CITY MANAGER: NONE.  197 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: (#41947-122120) 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 523.) Council Member White-Boyd moved the adoption of Ordinance No. 41947- 122120. The motion seconded by Council Member Price and adopted by the following vote: AYES: Council Members Sanchez-Jones, White-Boyd, Bestpitch, Cobb, Davis, Price, and Mayor Lea-7. NAYS: None-0. AMENDMENT TO ROANOKE CITY PUBLIC SCHOOLS FY 2020 - 2021 CATEGORICAL BUDGET: The Roanoke City School Board submitted a written report requesting amendment to the Roanoke City Public Schools FY 2020 - 2021 budget; 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 Price offered the following budget ordinance: (#41948-122120) AN ORDINANCE to amend the 2020 - 2021 school board budget as originally appropriated funding from the Commonwealth, amending and re- ordaining 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 524.) 198 Council Member Price moved the adoption of Budget Ordinance No. 41948- 122120. The motion seconded by Council Member White-Boyd and adopted by the following vote: AYES: Council Members Sanchez-Jones, White-Boyd, Bestpitch, Cobb, Davis, Price, and Mayor Lea-7. 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: ROANOKE CITY PUBLIC SCHOOL VIRTUAL YOUTH SUMMIT: Council Member Price announced that Roanoke City Public Schools was hosting a Virtual Youth - Summit for middle and high school students on Saturday, January 16 at 1:00 - 2:30p.m. The following topics will be discussed: Racial Injustice, Time Management, and Organizational Skills. Registration information to come. COVID-19 SAFETY: Council Member Bestpitch encouraged citizens to continue social distancing by staying home and avoiding contact with people; encouraged hesitant citizens to take the COVID-19 vaccine and explained scientists have worked diligently to deliver a safe vaccine; and expressed appreciation for healthcare personnel and frontline workers who have taken on extra duties and made personal sacrifices during the pandemic. COVID-19 VACCINE: Council Member White-Boyd inquired about the order in which the vaccine would be administered; whereupon, the City Manager replied that the first wave of vaccines have arrived at Carilion Clinic for use on health care personnel. Additional vaccines were anticipated weekly with the initial priority focused on health care workers, those living and working in nursing homes and EMS personnel to likely be administered throughout the next several months. VACANCIES ON CERTAIN AUTHORITIES, BOARDS, COMMISSIONS AND COMMITTEES APPOINTED BY COUNCIL:  199 - ROANOKE NEIGHBORHOOD ADVOCATES: The Mayor called attention to a vacancy created by the resignation of Cindy Pasternak as a member of the Roanoke Neighborhood Advocates for a term of office ending September 30, 2022; whereupon, he opened the floor for nominations. Vice-Mayor Cobb placed in nomination the name of Brian Bennett. There being no further nominations, Mr. Bennett was appointed as a member of the Roanoke Neighborhood Advocates to fill the unexpired term of office of Cindy Pasternak ending September 30, 2022, by the following vote: FOR MR. BENNETT: Council Members Sanchez-Jones, White-Boyd, Bestpitch, Cobb, Davis, Price, and Mayor Lea-7. At 3:46 p.m., Mayor Lea declared the Council Meeting in recess until 7:00 p.m., in the Council Chamber, Room 450, Noel C. Taylor Municipal Building. 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 Vivian Sanchez-Jones, Patricia White-Boyd, William D. Bestpitch (participated by electronic means), Joseph L. Cobb, Michelle L. Davis, Anita J. Price, and Mayor Sherman P. Lea, Sr.-7. 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 Vice-Mayor Cobb. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Sherman P. Lea, Sr. PRESENTATIONS AND ACKNOWLEDGEMENTS: CITY COUNCIL-ACTS OF ACKNOWLEDGEMENT: Council Member Price offered the following resolution paying tribute to the Honorable Michelle L. Davis as a Council Member: 200 (#41949-122120) A RESOLUTION paying tribute to the Honorable Michelle L. Davis, and expressing to her the appreciation of the City and its people for her exemplary public service. (For full text of resolution, see Resolution Book No. 81, page 525.) Council Member Price moved the adoption of Resolution No. 41949-122120. The motion seconded by Council Member White-Boyd. Mayor Lea presented a Resolution, Key to the City, framed art print and City gift to Council Member Davis. Following presentation of gifts, Resolution No. 41949-122120 was adopted by the following vote: AYES: Council Members Sanchez-Jones, White-Boyd, Bestpitch, Cobb, Price, and Mayor Lea-6. NAYS: None-0. (Council Member Davis abstained from the vote.) CITY COUNCIL-ACTS OF ACKNOWLEDGEMENT: Council Member White- Boyd offered the following resolution paying tribute to the Honorable Anita J. Price as a - Council Member and former Vice-Mayor of the City of Roanoke: (#41950-122120) A RESOLUTION paying tribute to the Honorable Anita James Price, and expressing to her the appreciation of the City and its people for her exemplary public service. (For full text of resolution, see Resolution Book No. 81, page 526.) Council Member White-Boyd moved the adoption of Resolution No. 41950- 122120. The motion seconded by Vice-Mayor Cobb. Mayor Lea presented a Resolution, Key to the City, framed art print and City gift to Council Member Price.  201 Following presentation of gifts, Resolution No. 41950-122120 was adopted by the following vote: AYES: Council Members Sanchez-Jones, White-Boyd, Bestpitch, Cobb, Davis, and Mayor Lea-6. NAYS: None-0. (Council Member Price abstained from the vote.) At 8:02 p.m., the Mayor declared the meeting in recess for a break; whereupon, at 8:11 p.m., the meeting reconvened, with Mayor Lea presiding and all Members of Council in attendance. NEW BUSINESS: ACQUISITION OF REAL PROPERTY: The City Manager submitted a written communication recommending acquisition of real property rights in connection with the purchase of property from First Baptist Church of Roanoke to be used as supplemental parking for police vehicles. (For full text, see communication on file in the City Clerk's Office.) Vice-Mayor Cobb offered the following ordinance: (#41951-122120) AN ORDINANCE authorizing the City Manager to execute a purchase and sale agreement with First Baptist Church of Roanoke ("First Baptist"), for the purchase of two vacant parcels of property located at 0 Church Avenue, S. W., Roanoke, Virginia, bearing Official Tax Map Nos. 1011319 and 1011320 ("Property") to the City of Roanoke, Virginia ("City"), 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. 81, page 527.) Vice-Mayor Cobb moved the adoption of Ordinance No. 41951-122120. The motion seconded by Council Member White-Boyd and adopted by the following vote: AYES: Council Members Sanchez-Jones, White-Boyd, Bestpitch, Cobb, Davis, Price, and Mayor Lea-7. NAYS: None-0. 202 ROANOKE RIVER GREENWAY BRIDGE THE GAP CANOPY CONSTRUCTION PROJECT: The City Manager submitted a written communication recommending execution of an additional change order to the contract with Gregori Construction, Inc., in connection with the Roanoke River Greenway Bridging the Gap Canopy Construction Project. (For full text, see communication on file in the City Clerk's Office.) Council Member Price offered the following resolution: (#41952-122120) A RESOLUTION authorizing the City Manager's issuance and execution of additional change orders to the City's contract with Gregori Construction, Inc., for additional construction services for the Roanoke River Greenway "Bridge the Gap" Project; and 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 contract, as amended. (For full text of resolution, see Resolution Book No. 81, page 528.) Council Member Price moved the adoption of Resolution No. 41952-122120. The motion seconded by Council Member Davis and adopted by the following vote: AYES: Council Members Sanchez-Jones, White-Boyd, Bestpitch, Cobb, Davis, Price, and Mayor Lea-7. NAYS: None-0. PUBLIC HEARINGS: 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, December 21, 2020, at 7:00p.m., or as soon thereafter as the matter may be heard, on a request of Lucas Thornton for Lawson Building, LLC, to vacate a portion of the 30 foot wide undeveloped right-of-way beginning at the western property line of 631 Campbell Avenue, S. E., adjacent to 605 Campbell Avenue, S. E., and five properties identified as 0 Church Avenue, S. E., the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Tuesday, December 1, 2020, and Tuesday, December 8, 2020. (See publisher's affidavit on file in the City Clerk's Office.)  203 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: (#41953-122120) AN ORDINANCE permanently vacating, discontinuing and closing a public right-of-way in the City of Roanoke located at the western property line of 631 Campbell AvenueS. E., bearing Official Tax Map No. 4011116, and adjacent to 605 Campbell Avenue S. E., bearing Official Tax Map No. 4011111, and 5 properties identified as 0 Church AvenueS. E., bearing Official Tax Map Nos. 4011131,4011132, 4011133, 4011134, and 4011135, respectively, 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 529.) Council Member White-Boyd moved the adoption of Ordinance No. 41953- 122120. The motion seconded by Vice-Mayor Cobb. 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. 41953-122120 was adopted by the following vote: AYES: Council Members Sanchez-Jones, White-Boyd, Bestpitch, Cobb, Davis, Price, and Mayor Lea-7. NAYS: None-0. 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, December 21, 2020, at 7:00 p.m., or as soon thereafter as the matter may be heard, on a request of Lucas Thornton for Lawson Building, LLC, to rezone and repeal all conditions proffered as part of a previous rezoning on property located at 631 Campbell Avenue, S. E., 605 Campbell Avenue, S. E., five parcels addressed as 0 Church Avenue, S. E., and the portion of right-of-way requested for vacation between said parcels, from D, Downtown District, with conditions; 1-1, Light Industrial District; and MX, Mixed-Use District, to D, Downtown District; and MX, Mixed-Use District, the matter was before the body. 204 Legal advertisement of the public hearing was published in The Roanoke Times on Tuesday, December 1, 2020, and Tuesday, December 8, 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 rezoning request. (For full text, see report on file in the City Clerk's Office.) Council Member Davis offered the following ordinance: (#41954-122120) AN ORDINANCE rezoning certain property located at 631 Campbell Avenue S. E., 605 Campbell Avenue S. E., five parcels addressed as 0 Church AvenueS. E., and the portion of right-of-way requested for vacation between said parcels, bearing Official Tax Map No. 4011116, 4011111, 4011131, 4011132, 4011133, 4011134, 4011135, respectively, which is being rezoned from D, Downtown District with conditions; 1-1, Light Industrial District; and MX, Mixed Use District to D, Downtown District; and MX, Mixed Use District; repealing Ordinance No. 38317- 121508, adopted December 15, 2008, to the extent it required conformity to a particular development plan; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 81, page 531.) Council Member Davis moved the adoption of Ordinance No. 41954-122120. The motion seconded by Council Member Price. The Mayor inquired if there were persons present who wished to speak on the matter, wherein, Lucas Thornton, applicant for Lawson Building, LLC, and Ben Crew, spokesperson for Balzer and Associates, Inc., were available by electronic communication to answer questions. Following the acknowledgement of Mr. Thornton and Mr. Crew, and hearing no comments from citizens Mayor Lea declared the public hearing closed. There being no comments and/or questions by the Council Members, Ordinance No. 41954-122120 was adopted by the following vote: AYES: Council Members Sanchez-Jones, White-Boyd, Bestpitch, Cobb, Davis, Price, and Mayor Lea-7. NAYS: Non e-O.  205 CITY PLAN 2040, CITY'S COMPREHENSIVE PLAN: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April6, 1981, the City Clerk having advertised a public hearing for Monday, December 21, 2020, at 7:00 p.m., or as soon thereafter as the matter may be heard, on a request of the City of Roanoke to consider and adopt City Plan 2040 as the City's Comprehensive Plan to replace Vision 2001- 2020 adopted in 2001, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Tuesday, December 1, 2020, and Tuesday, December 8, 2020. (See publisher's affidavit on file in the City Clerk's Office.) The City Planning Commission submitted a written report recommending adoption of City Plan 2040 as the new comprehensive plan for the City of Roanoke, replacing Vision 2001 - 2020. (For full text, see report on file in the City Clerk's Office.) Council Member Price offered the following ordinance: (#41955-122120) AN ORDINANCE adopting City Plan 2040, dated December 21, 2020, the comprehensive plan for the City of Roanoke; adopting as elements of City Plan 2040 those neighborhood plans and plans of development "' previously adopted as elements of Vision 2001 - 2020; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 81, page 533.) Council Member Price moved the adoption of Ordinance No. 41955-122120. The motion seconded by Council Member Davis. The Mayor inquired if there were persons present who wished to speak on the matter, wherein, the City Clerk acknowledged Katie Zawacki, 2389 Howard Road, S. W., who spoke by electronic communication in support of the City Plan 2040. Ken Mcleod, 505 6th Street, S. W., Unit 119, spoke by electronic communication commending the greenway improvements included in the City Plan 2040 and called attention for the need for additional bicycle and pedestrian planning issues not addressed in the City Plan 2040. Hearing no additional comments, Mayor Lea declared the public hearing closed.  There being no comments and/or questions by the Council Members, Ordinance No. 41955-122120 was adopted by the following vote: .~ AYES: Council Members Sanchez-Jones, White-Boyd, Bestpitch, Cobb, Davis, Price, and Mayor Lea-7. NAYS: None-0. PUBLIC SANITARY SEWER EASEMENT FOR WESTERN VIRGINIA WATER AUTHORITY: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, December 21, 2020 at 7:00 p.m., or as soon thereafter as the matter may be heard, on the proposal of the City of Roanoke to grant a permanent 20 foot sanitary sewer easement, containing 4,200 square feet, more or less, and a variable width temporary construction easement, containing 5,378 square feet, more or less, across City-owned property located adjacent to Hannah Circle, S. W., and Midvale Avenue, S. W., to the Western Virginia Water Authority, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, December 11, 2020. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written report recommending execution of the needed documents for the easements. (For full text, see report on file in the City Clerk's Office.) Council Member White-Boyd offered the following ordinance: (#41956-122120) AN ORDINANCE authorizing the conveyance of a permanent 20' sanitary sewer easement, containing 4,200 square feet, more or less, and a variable width temporary construction easement, containing 5,378 square feet, more or less, across City-owned property bearing Official Tax Map No. 1221406, located adjacent to Hannah Circle, S. W., and Midvale Avenue, S. W., to the Western Virginia Water Authority, upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 81, page 536.) Council Member White-Boyd moved the adoption of Ordinance No. 41956- 122120. 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, the Mayor declared the public hearing closed.  207 There being no comments and/or questions by the Council Members, Ordinance No. 41956-122120 was adopted by the following vote: AYES: Council Members Sanchez-Jones, White-Boyd, Bestpitch, Cobb, Davis, Price, and Mayor Lea-7. NAYS: None-0. WALKER MACHINE AND FOUNDRY CORPORATION EASEMENT: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, December 21, 2020 at 7:00 p.m., or as soon thereafter as the matter may be heard, on a proposal of the City of Roanoke to convey a 41,448 square foot portion of City-owned property in fee simple and several drainage easements to Walker Machine and Foundry Corporation, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, December 11, 2020. (See publisher's affidavit on file in the City Clerk's Office.) The City Attorney submitted a written report recommending execution of deeds for acquisition of the River Parcels from Walker in fee simple by General Warranty deed; to convey a 41,448 square foot portion of City-owned property in fee simple; and execution of several drainage easements to Walker Machine and Foundry Corporation. (For full text, see report on file in the City Clerk's Office.) Council Member White-Boyd offered the following ordinance: (#41957-122120) AN ORDINANCE authorizing the City Manager to execute the necessary documents providing for the acceptance by the City of Roanoke of certain real property interests owned by Walker Machine & Foundry Corporation, and the conveyance of certain interests of City-owned property to Walker Machine & Foundry Corporation, 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. 81, page 537.) Council Member White-Boyd moved the adoption of Ordinance No. 41957- 122120. The motion seconded by Council Member Price. Liz Belcher, Greenway Coordinator, appeared before the Council by request in support of the land swap and thanked the Council and staff for their persistence to complete the Roanoke River Greenway connection within city limits. She was elated and advocated for a ribbon-cutting celebration. 208 The Mayor inquired if there were persons present who wished to speak on the matter; whereupon, the City Clerk acknowledged email correspondence from Frank Simms, Chair, Roanoke Valley Greenway Commission, expressing support for the property swap to allow the Roanoke River Greenway to pass through land currently owned by Walker Machine & Foundry Corporation; and Jim Lee, 515 Darwin Road, S. W., former City representative to the Greenway Commission, expressing support of the land swap to complete the connection to the City of Salem. Hearing no additional comments, he declared the public hearing closed. Mayor Lea commented that there were times when Council thought there would be no cooperation with Walker Machine & Foundry Corporation following a nearly six- year dispute; noting that it would have been easy to throw in the towel; and recognized retired City Attorney, Daniel Callaghan, in attendance and thanked him for his preceding efforts and hard work to negotiate a resolution along with other current staff members. There being no additional comments and/or questions by the Council Members, Ordinance No. 41957-122120 was adopted by the following vote: AYES: Council Members Sanchez-Jones, White-Boyd, Bestpitch, Cobb, Davis, Price, and Mayor Lea-7. NAYS: None-0. PUBLIC DRAINAGE EASEMENT: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, December 21, 2020 at 7:00 p.m., or as soon thereafter as the matter may be heard, on the proposal of the City of Roanoke to vacate its interest in a 15 foot public drainage easement, and a 25 foot public ingress/egress easement, across real property owned by Carilion Medical Center in connection with Carilion's expansion of Roanoke Memorial Hospital, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, December 11, 2020. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written report recommending execution of the appropriate documents vacating such easements. (For full text, see report on file in the City Clerk's Office.)  209 Council Member White-Boyd offered the following ordinance: (#41958-122120) AN ORDINANCE authorizing the vacation of a 15' public drainage easement, and a 25' public ingress/egress easement, held by the City of Roanoke ("City") across real property owned by Carilion Medical Center ("Carilion") bearing Official Tax Map No. 4060301, upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 81, page 539.) Council Member White-Boyd moved the adoption of Ordinance No. 41958- 122120. The motion seconded by Vice-Mayor Cobb. 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. 41958-122120 was adopted by the following vote: AYES: Council Members Sanchez-Jones, White-Boyd, Bestpitch, Cobb, Davis, Price, and Mayor Lea-7. NAYS: None-0. AMENDMENT TO THE CITY'S 2015-2019 CONSOLIDATED PLAN: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, December 21, 2020 at 7:00 p.m., or as soon thereafter as the matter may be heard, on the consideration of proposed amendments to the City's 2015 - 2019 Consolidated Plan, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, December 4, 2020. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written report recommending approval of the amendment to the 2015 - 2019 Consolidated Plan. (For full text, see report on file in the City Clerk's Office.) 210 Vice-Mayor Cobb offered the following resolution: ' " (#41959-122120) A RESOLUTION approving an amendment to the City of Roanoke's 2015 - 2019 Consolidated Plan, through its 2019 - 2020 Annual Plan, to reallocate a portion of the second allotment of certain unspent Emergency Solutions Grant (ESG-CV2) funds received by the City from the United States Department of Housing and Urban Development (HUD) for the 2019 - 2020 Plan Year due to the COVID-19 disaster; authorizing the City Manager or the City Manager's designee to submit such amendment to HUD for final review and approval; and further authorizing the City Manager to execute all necessary documents required for such amendment. (For full text of resolution, see Resolution Book No. 81, page 540.) Vice-Mayor Cobb moved the adoption of Resolution No. 41959-122120. 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. There being no comments and/or questions by the Council Members, Resolution No. 41959-122120 was adopted by the following vote: AYES: Council Members Sanchez-Jones, White-Boyd, Bestpitch, Cobb, Davis, Price, and Mayor Lea-7. NAYS: None-0. Council Member Davis offered the following budget ordinance: (#41960-122120) AN ORDINANCE to appropriate funding from the Department of Housing and Urban Development (HUD) for the Emergency Solutions Grant (ESG), amending and reordaining certain sections of the 2020 - 2021 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 542.) Council Member Davis moved the adoption of Budget Ordinance No. 41960- 122120. The motion seconded by Council Member Price.  211 There being no comments and/or questions by the Council Members, Budget Ordinance No. 41960-122120 was adopted by the following vote: AYES: Council Members Sanchez-Jones, White-Boyd, Bestpitch, Cobb, Davis, Price, and Mayor Lea-7. NAYS: None-0. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. HAPPY HOLIDAY SEASON: Mayor Lea wished everyone a happy holiday season and a very prosperous New Year. There being no further business to come before the Council, Mayor Lea declared the regular meeting adjourned at 9:17p.m. APPROVED ATTEST: C.wJ-U-J·~ Cecelia F. McCoy, CMC Sherman P. Lea, Sr. City Clerk Mayor