City Council

524 ROANOKE CITY COUNCIL-REGULAR SESSION August 16, 2021 2:00 p.m. The Council of the City of Roanoke met in regular session on Monday, August 16, 2021 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 . 41964-010421 adopted by the Council on Monday, January 4, 2021 . PRESENT: Council Members Vivian Sanchez-Jones, Patricia White-Boyd , Joseph L. Cobb, Robert L. Jeffrey, Jr., Stephanie Moon Reynolds , and Mayor Sherman P. Lea , Sr.-6. ABSENT: Council Member William D. Bestpitch-1. 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 Ben Brannan , Associate Pastor for Youth , Second Presbyterian Church . The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Sherman P. Lea , Sr. PRESENTATIONS AND ACKNOWLEDGEMENTS: ACTS OF ACKNOWLEDGEMENT-PROCLAMATIONS : Mayor Lea declared Monday, August 16, 2021 as Roanoke Valley Association of Realtors Day and presented the proclamation to Joe Sutliff, Roanoke Valley Association of Realtors. (See ceremonial copy of proclamation on file in the City Clerk's Office .) ACTS OF ACKNOWLEDGEMENT-PROCLAMATIONS: Mayor Lea declared Monday, August 16, 2021 as Dan Smith Day. Vice-Mayor White-Boyd presented the proclamation to Dan Smith . (See ceremonial copy of proclamation on file in the City Clerk's Office .)  525 ACTS OF ACKNOWLEDGEMENT-DEPARTMENT OF FINANCE: Council Member Moon Reynolds presented Paul Workman, Budget Manager and staff of Management and Budget Department, the Government Finance Officers Association (GFOA) Award for the FY 2021 Budget. 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. MISCELLANEOUS: David Garland, 3704 Round Hill Avenue, N. W., appeared before the Council expressing concerns about security of City Council computers' and requested an internal investigation into the destruction of public records on City devices issued to City Council members and the results be shared publicly. 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, July 19, 2021 , was before the body. (See Minutes on file in the City Clerk's Office.) Vice-Mayor White-Boyd moved that the reading of the minutes be dispensed with and approved as recorded. The motion seconded by Council Member Jeffrey and adopted by the following vote: AYES: Council Members Sanchez-Jones, White-Boyd , Cobb , Jeffrey, Moon Reynolds, and Mayor Lea-6. NAYS: None-0. (Council Member Bestpitch was absent.) 526 ANNUAL PERFORMANCES OF THE COUNCIL-APPOINTED OFFICERS: A communication from Vice-Mayor Patricia White-Boyd , Chair, City Council Personnel Committee , requesting that Council convene in a Closed Meeting to discuss a personnel matter, being the annual performances of the Council-Appointed Officers, 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.) Vice-Mayor White-Boyd moved that Council concur in the request of the Vice- Mayor as abovementioned . The motion seconded by Council Member Jeffrey and adopted by the following vote : AYES: Council Members Sanchez-Jones , White-Boyd , Cobb , Jeffrey, Moon Reynolds, and Mayor Lea-6. NAYS : None-0. (Council Member Bestpitch was absent.) DISPOSITION OF REAL ESTATE AND CONSULTATION WITH LEGAL COUNSEL: A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss the disposition of real estate and consultation with legal counsel, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950) , as amended , was before the body. (See communication on file in the City Clerk's Office.) Vice-Mayor White-Boyd moved that Council concur in the request of the City Manager as abovementioned . The motion seconded by Council Member Jeffrey and adopted by the following vote : AYES: Council Members Sanchez-Jones, White-Boyd, Cobb , Jeffrey, Moon Reynolds, and Mayor Lea-6. NAYS: None-0. (Council Member Bestpitch was absent.)  527 SALE OF CITY-OWNED PROPERTY LOCATED AT O NORFOLK AVENUE, S. W. : A communication from the City Manager requesting that Council schedule a public hearing to be held on Monday, September 20, 2021 , 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 consider the sale property located at 0 Norfolk Avenue , S. W ., to TLC Properties, Inc., was before the body. (See communication on file in the City Clerk's Office .) Vice-Mayor White-Boyd moved that Council concur in the request of the City Manager as abovementioned . The motion seconded by Council Member Jeffrey and adopted by the following vote : AYES : Council Members Sanchez-Jones, White-Boyd , Cobb , Jeffrey, Moon Reynolds , and Mayor Lea-6 . NAYS : None-0. (Council Member Bestpitch was absent.) ROANOKE VALLEY REGIONAL CABLE TELEVISION COMMITTEE: A communication from the City Clerk advising of the resignation of Jane Missel as a member of the Roanoke Valley Regional Cable Television Committee , effective immediately, was before the Council. (See communication on file in the City Clerk's Office.) Vice-Mayor White-Boyd moved that the resignation be accepted and the communication be received · and filed . The motion was seconded by Council Member Jeffrey and adopted by the following vote : . AYES : Council Members Sanchez-Jones , White-Boyd , Cobb, Jeffrey, Moon Reynolds , and Mayor Lea-6 . NAYS : None-0. (Council Member Bestpitch was absent.) 528 VIRGINIA'S FIRST REGIONAL INDUSTRIAL FACILITY AUTHORITY AND WESTERN VIRGINIA REGIONAL INDUSTRIAL FACILITY AUTHORITY: A communication from the City Clerk advising of the resignation of Robert Ledger as a City representative of the Virginia 's First Regional Industrial Facility Authority and Western Virginia Regional Industrial Facility Authority, due to his retirement, effective August 1, 2021 , was before the Council. (See communication on file in the City Clerk's Office.) Vice-Mayor White-Boyd moved that the resignation be accepted and the communication be received and filed . The motion was seconded by Council Member Jeffrey and adopted by the following vote : AYES : Council Members Sanchez-Jones, White-Boyd, Cobb , Jeffrey, Moon Reynolds, and Mayor Lea-6 . NAYS : None-0. (Council Member Bestpitch was absent.) OATHS OF OFFICE-YOUTH SERVICES CITIZEN BOARD-MILL MOUNTAIN ADVISORY BOARD-BOARD OF ZONING APPEALS-ROANOKE ARTS COMMISSION-DEFINED CONTRIBUTION BOARD: Reports of qualification of the following individuals were before the Council: Lew Bishop as a City representative of the Blue Ridge Behavioral Healthcare, Board of Directors for a three-year term of office, commencing January 1, 2022 and ending December 31 , 2024; Karla Christian as a member of the Roanoke Public Library Board for a term of office ending June 30 , 2024; Sunni Purviance as a member of the Roanoke Neighborhood Advocates for a two-year term of office , commencing October 1, 2021 and ending September 30 , 2023 ; and Drew H. Kepley as a Commissioner of the Roanoke Redevelopment and Housing Authority for a four-year term of office , commencing September 1, 2021 and ending August 31, 2025. (See Oaths or Affirmations of Office on file in the City Clerk's Office.)  529 Vice-Mayor White-Boyd moved that the reports of qualification be received and filed . The motion seconded by Council Member Jeffrey and adopted by the following vote: AYES : Council Members Sanchez-Jones , White-Boyd , Cobb, Jeffrey, Moon Reynolds, and Mayor Lea-6 . NAYS : None-0. (Council Member Bestpitch was absent.) REGULAR AGENDA PUBLIC HEARINGS : NONE. PETITIONS AND COMMUNICATIONS: VICTIM/WITNESS PROGRAM GRANT FUNDING: The Commonwealth's Attorney submitted a written communication recommending the acceptance of the Victim/Witness Program Grant from the Department of Criminal Justice Services in accordance with the Virginia Crime Victim and Witness Rights Act; and the City Manager submitted a written communication concurring in the recommendation. (For full text, see communication on file in the City Clerk's Office .) Council Member Moon Reynolds offered the following resolution: (#42132-081621) A RESOLUTION authorizing the acceptance of the Victim Witness Grant from the Department of Criminal Justice Services and authorizing the execution , and fil ing of appropriate documents to obtain such funds . (For full text of resolution , see Resolution Book No. 82 , page 12.) Council Member Moon Reynolds moved the adoption of Resolution No. 42132- 081621. The motion seconded by Council Member Cobb and adopted by the following vote : AYES: Council Members Sanchez-Jones, White-Boyd , Cobb, Jeffrey, Moon Reynolds, and Mayor Lea-6. NAYS: None-0. (Council Member Bestpitch was absent.) 530 Council Member Moon Reynolds offered the following budget ordinance : (#42133-081621) AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Victim Witness Program Grant, amending and reordaining certain sections of the 2021 - 2022 Grant Fund Appropriations , and dispensing with the second reading by title of th is ordinance . (For full text of ord inance, see Ordinance Book No. 82 , page 13.) Council Member Moon Reynolds moved the adoption of Budget Ordinance No. 42133-081621 . The motion seconded by Council Member Jeffrey and adopted by the following vote: AYES: Council Members Sanchez-Jones, White-Boyd , Cobb , Jeffrey, Moon Reynolds , and Mayor Lea-6 . NAYS : None-0. (Council Member Bestpitch was absent.) REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: CITY MANAGER: BRIEFINGS: Greenhouse Gas Emissions Report Dr. Sean McGinnis, Director of Virginia Tech Green Engineering Program , Roanoke City - Citizens for Clean Green Committee , shared information regarding the 2019 Community and Municipal Greenhouse Gas (GHG) Emissions and Energy Summary and highlighted the following information: • Atmospheric CO2 Concentration Data • Key Conclusions From The IPCC 6th Climate Assessment Report • Roanoke's Climate Related Weather Threats • Roanoke Heat Mapping Results • 5 Step Process For GHG Reduction • Roanoke Energy and GHG Inventory Analysis • Emissions Reduction Strategies • Community Outreach • City of Roanoke Electricity Usage • City of Roanoke Natural Gas Usage  531 • City of Roanoke Transportation Analysis • City of Roanoke Community GHG Emissions • Municipal Initiatives • ClimateView Modeling Software • How ClimateOS Enables Cities to Manage The Transition To Lower Energy/Emissions • ClimateView Results • Summary & Recommendations (See copy of presentation on file in the City Clerk's Office .) Dr. McGinnis summarized the report stating that often, the global or national trends were harder to translate to the local level and the Roanoke Urban Heat Map study may be a good way to make the information relevant especially with the heightened awareness of the disproportionate impacts on the economically/socially disadvantaged population in the City. He advised that the City was on track for current targets of 7.2 percent reduction in 2019 and 10 percent commitment by 2024, but most of the reduction was due to utility (AEP) electricity changes, not due to changes in Roanoke residential , commercial or industrial behavior and initiatives; he noted that the targets were not aggressive enough to avoid major climate, health , and economic disruptions given the new data on climate changes. He concluded stating that Virginia was now targeting carbon neutral with 100 percent reduction by 2050 and it was recommended that the City should make a new aggressive target of 50 percent reduction of emissions by 2030 to improve the environment, health, and economics in the region . Lastly, he added that ClimateView, or an equivalent software tool , allows powerful prospective modeling to help the City with the challenging environmental, economic, and social tradeoffs; and that it wa on- going analysis effort, supported strongly over the past decade by City Council and staff, provides the data required to make good decisions to improve the future environmental , health, and economic sustainability of the City. Council Member Jeffrey commented that it was important to focus on greenhouse gas emissions and increase the level of priority as the world had been impacted severely; and inquired as to how the City of Roanoke compared to other localities for reducing the greenhouse gas emissions . Dr. McGinnis advised that most cities do not have plans and he had only seen two or three published plans. 532 In response to an inquiry with regard to intervention , Nell Boyle, Sustainability Outreach Coordinator, replied that the community greenhouse gas emissions were generally driven by the electric company and moving them to use cleaner energy was a wonderful thing , but the municipal activities was a separate report and not as frequent. She expressed that the Solarize Roanoke program was going pretty well as well as the use of electric vehicles , but the citizen engagement was very important for healthy, safe and empowered programs. Following additional comments by the Council Members, Mayor Lea thanked Dr. McGinnis for the informative presentation and advised that the briefing would be received and filed. ITEMS RECOMMENDED FOR ACTION : FISCAL YEAR 2022 VIRGINIA DOMESTIC VIOLENCE VICTIM FUND GRANT: The City Manager submitted a written communication recommending the acceptance of the Fiscal Year 2022 Virginia Domestic Violence Victim Fund Grant from the Virginia Department of Criminal Justice Services . (For full text, see communication on file in the City Clerk's Office .) Council Member Moon Reynolds offered the following resolution: (#42134-081621 ) A RESOLUTION authorizing the acceptance of the Virginia Domestic Violence Victim Fund Grant from the Commonwealth of Virginia Department of Criminal Justice Services and authorizing the execution , and filing of appropriate documents to obtain such funds . (For full text of resolution , see Resolution Book No. 82 , page 14.) Council Member Moon Reynolds moved the adoption of Resolution No. 42134- 081621 . The motion seconded by Council Member Jeffrey and adopted by the following vote: AYES : Council Members Sanchez-Jones , White-Boyd , Cobb , Jeffrey, Moon Reynolds, and Mayor Lea-6 . NAYS : None-0. (Council Member Bestpitch was absent.)  533 Council Member Moon Reynolds offered the fo llowing budget ordinance: (#42135-081621) AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Virginia Sexual and Domestic Violence Victim Fund Grant, amending and reordaining certain sections of the 2021 - 2022 Grant Fund - Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance , see Ordinance Book No. 82 , page 15.) Council Member Moon Reynolds moved the adoption of Budget Ordinance No. 42135-081621 . The motion seconded by Council Member Jeffrey and adopted by the following vote : AYES : Council Members Sanchez-Jones, White-Boyd , Cobb , Jeffrey, Moon Reynolds, and Mayor Lea-6 . NAYS: None-0. (Council Member Bestpitch was absent.) COMMENTS OF CITY MANAGER. The City Manager offered the following comments: The Roanoke Arts Commission is seeking exhibition-ready art for the "Welcome to Roanoke" Exhibition • Submissions from artists of all ages, backgrounds, and experience levels are welcome • This will be a 10-month exhibit, from Sept. 10, 2021 to June 30, 2022 • Art will be displayed in the Noel C. Taylor Municipal Building • The exhibition will be curated by members of the RAC Collections Committee • The deadline to submit an entry is midnight on Tuesday, August 31 . Recently it was announced that this year's Go Outside Festival (GO Fest) will move to Downtown Roanoke for its 10th anniversary. • Event dates: October 15-17 • This event will be a joint effort of the Roanoke Outside Foundation , City of Roanoke Parks and Recreation Department, and Downtown Roanoke Inc. • It will span from Elmwood Park all the way to the City Market Building , with in-between streets closed for vendors, stunt shows, activities, beer gardens, and live music. 534 • The hope is that making this move will bring a much-needed economic boost to our downtown businesses - which struggled throughout the pandemic - and involve them with the regional effort to brand Virginia's Blue Ridge as an outdoor mecca . 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.) Vice-Mayor White-Boyd offered the following budget ordinance : (#42136-081621) AN ORDINANCE to appropriate funding from the Commonwealth, federal and private grant for various educational programs, amending and re- ordaining certain sections of the 2021 - 2022 School Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance . (For full text of ordinance , see Ordinance Book No . 82, page 16.) Vice-Mayor White-Boyd moved the adoption of Budget Ordinance No. 42136- 081621. The motion seconded by Council Member Sanchez-Jones and adopted by the following vote: AYES : Council Members Sanchez-Jones , White-Boyd , Cobb , Jeffrey, Moon Reynolds, and Mayor Lea-6. NAYS: None-0. (Council Member Bestpitch was absent.) A REPORT OF CERTAIN AUTHORITIES , BOARDS , COMMITTEES AND COMMISSIONS IN WHICH CITY COUNCIL SERVE AS LIAISONS OR APPOINTEES: Council Member Moon Reynolds made announcements with regard to Roanoke Redevelopment and Housing Authority partnerships .  535 Council Member Cobb announced 'Groceries Not Guns' event to be held Saturday, August 21 , 11 :00 a.m. to 3:00 p.m. at 401 Gainsboro Road N. W ., to exchange firearms for grocery gift cards; Building Bridges Over Barriers and the Roanoke Sigmas will present United and Rising Together - No Guns , Just Fun event on Saturday, August 21 at Forest Park Academy from 11 :00 a.m . to 4:00 p.m. ; and lastly mentioned employment opportunities through the Gun Violence Prevention Commission; for more information , contact Angie O'Brien at angela.o'brien@roanokeva.gov or gvpc@roanokeva.gov. Mayor Lea urged citizens to get the COVID-19 vaccination . UNFINISHED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OR ORDINANCES AND RESOLUTIONS : AMERICAN RESCUE PLAN ACT FUNDING : Vice-Mayor White-Boyd offered the following resolution supporting the proposed America Rescue Plan Act funding for Virginia Tourism destinations: (#42137-081621) A RESOLUTION supporting the Proposed American Rescue Plan Funding for Virginia Tourism Destinations. (For full text of resolution , see Resolution Book No. 82 , page 18.) Vice-Mayor White-Boyd moved the adoption of Resolution No. 42137-081621 . The motion was seconded by Council Member Sanchez-Jones. The City Manager advised that Governor Northam proposed a $50 million investment to be allocated to the Virginia Tourism Corporation to assist with the tourism industry. There being no comments and/or questions by the Council Members, Resolution No. 42137-081621 was adopted by the following vote : AYES : Council Members Sanchez-Jones, White-Boyd , Cobb , Jeffrey, Moon Reynolds, and Mayor Lea-6. NAYS: None-0. (Council Member Bestpitch was absent.) 536 MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: NONE. VACANCIES ON CERTAIN AUTHORITIES , BOARDS , COMMISSIONS AND COMMITTEES APPOINTED BY COUNCIL: Mayor Lea advised that it was requested that Council make the following appointments from the floor; whereupon , the majority of the Council replied in the affirmative. VIRGINIA'S FIRST REGIONAL INDUSTRIAL FACILITY AUTHORITY: The Mayor called attention to a vacancy created by the resignation of Robert Ledger as City representative of the Virginia's First Regional Industrial Facility Authority for a term of office ending June 30 , 2022 ; whereupon , he opened the floor for nominations. Council Member Cobb placed in nomination the name of Marc Nelson. There being no further nominations, Mr. Nelson was appointed to replace Robert Ledger as a City representative of the Virginia 's First Regional Industrial Facility Authority for a term of office ending June 30 , 2022 , by the following vote: FOR MR. NELSON : Council Members Sanchez-Jones, White-Boyd , Cobb , Jeffrey, Moon Reynolds and Mayor Lea-6 . (Council Member Bestpitch was absent.) WESTERN VIRGINIA'S REGIONAL INDUSTRIAL FACILITY AUTHORITY: The Mayor called attention to a vacancy created by the resignation of Robert Ledger as City representative of the Western Virginia's Regional Industrial Facility Authority for a term of office ending February 3, 2024 ; whereupon , he opened the floor for nominations. Council Member Cobb placed in nomination the name of Marc Nelson. There being no further nominations, Mr. Nelson was appointed to replace Robert Ledger as a City representative of the Western Virginia 's Regional Industrial Facility Authority for a term of office ending February 3, 2024, by the following vote: FOR MR. NELSON : Council Members Sanchez-Jones, White-Boyd , Cobb, Jeffrey, Moon Reynolds and Mayor Lea-6. (Council Member Bestpitch was absent.)  537 VISIT VIRGINIA'S BLUE RIDGE, BOARD OF DIRECTORS: The Mayor called attention to a vacancy created by the resignation of Shaleen Powell as City representative of the Visit Virginia's Blue Ridge, Board of Directors for a term of office ending June 30, 2022 ; whereupon, he opened the floor for nominations. Council Member Cobb placed in nomination the name of Elda Stanco Downey. There being no further nominations, Ms. Stanco Downey was appointed to replace Shaleen Powell as a City representative of the Visit Virginia's Blue Ridge , Board of Directors for a term of office ending June 30, 2022 , by the following vote: FOR MS. STANCO DOWNEY: Council Members Sanchez-Jones, White-Boyd, Cobb , Jeffrey, Moon Reynolds and Mayor Lea-6. (Council Member Bestpitch was absent.) At 3:57 p.m., the Mayor declared the Council meeting in recess for a Closed Meeting in the Council's Conference Room , Room 451 , 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, 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, Joseph L. Cobb, Robert L. Jeffrey, Jr., Stephanie Moon Reynolds, and Mayor Sherman P. Lea , Sr.-6. ABSENT: Council Member William D. Bestpitch-1 . 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 Preston K. Tyler, Pastor, Hill Street Baptist Church . The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Sherman P. Lea , Sr. 538 CERTIFICATION OF CLOSED MEETING : With respect to the Closed Meeting just concluded , Council Member Jeffrey moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawful ly 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 Moon Reynolds and adopted by the following vote : AYES : Council Members Sanchez-Jones, Wh ite-Boyd , Cobb , Jeffrey, Moon Reynolds, and Mayor Lea-6 . NAYS : None-0. (Council Member Bestpitch was absent. ) PRESENTATIONS AND ACKNOWLEDGEMENTS : RECOGNITION OF THE BOXING AND BRAWLING SPORTS AND RECREATION CENTER: Mayor Lea recognized La 'Torie Woodberry, Youth and Program Coach , and youth mentor for ages 7 to 17 and has cultivated an interest in boxing as well as fitness. RECOGNITION OF BUILDING BRIDGES OVER BARRIERS AND THE GAMMA THETA SIGMA CHAPTER OF PHI BETA SIGMA FRATERNITY, INCORPORATED: Mayor Lea recognized Jalen Small, William Gravely, Jr., and Dr. Andre ' Tucker and congratulated them for their efforts to mentor youth and to give back to the community. RECOGNITION OF THE ELITE BUSINESS STRATEGY TEAM : Mayor Lea recognized Sharon Estreval-Moore and members of the Elite Business Strategy Team for their professional leadership, community outreach and education events , mobile vaccine clin ics , and success to get citizens vaccinated in Roanoke. 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, August 16, 2021 , at 7:00 p.m., or as soon thereafter as the matter may be heard , on a request of the Roanoke City School Board , operating as Roanoke City Public Schools , to vacate the entirety of Ferndale Drive , N. W. , located between 3601 Ferncliff Avenue, N. W ., and 2845 Hershberger Road , N. W ., and the right of way extending south along Ordway Drive , N. W ., bounded by 3601 Ferncliff Avenue , N. W. , 2845 Hershberger Road , N. W .; and Ordway Drive, N. W ., the matter was before the body.  539 Legal advertisement of the public hearing was published in The Roanoke Times on Tuesday, July 27 , 2021 and Tuesday, August 3, 2021. (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 vacation would not create an inconvenience to the public and the application is consistent with the City's Comprehensive Plan and the Peters Creek North Neighborhood Plan; and added that the proposed vacated Ferndale Drive and right-of-way will be incorporated into the adjoining properties to provide additional improvements for security and staff parking for William Ruffner Professional Development and Operations Center. (For full text, see report on file in the City Clerk's Office.) Vice-Mayor White-Boyd offered the following ordinance: (#42138-081621) AN ORDINANCE permanently vacating , discontinuing and closing approximately 2.25 acres of property known as Ferndale Drive , N. W., located between 3601 Ferncliff Avenue, N. W ., Official Tax Map No . 6460102 , and 2845 Hershberger Road , N. W. , Official Tax Map No. 6450104, and the right-of-way extending south along Ordway Drive, N. W. , bounded by 3601 Ferncliff Avenue , N. W ., Official Tax fv1ap No. 6460102 ; 2845 Hershberger Road , N. W ., Official Tax Map No. 6450104; and Ordway Drive , N. W ., 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. 82 , page 20 .) Vice-Mayor White-Boyd moved the adoption of Ordinance No. 42138-081621. The motion seconded by Council Member Moon Reynolds . Chris Perkins, Chief Operations Officer, Roanoke City Public Schools appeared before the Council in support of the request. The Mayor inquired if there were persons present who wished to speak on the matter. There being none , he declared the public hearing closed . 540 There being no comments and/or questions by the Council Members, Ordinance No . 42138-081621 was adopted by the following vote: AYES: Council Members Sanchez-Jones , White-Boyd, Cobb , Jeffrey, Moon Reynolds, and Mayor Lea-6 . NAYS: None-0. (Council Member Bestpitch was absent.) OTHER BUSINESS: PETITION FOR APPEAL FILED BY ROBERT AND ELIZABETH BOHR: A Petition for Appeal filed by Robert and Elizabeth Bohr appealing a decision of the Architectural Review Board denying a request to replace wood windows for the upper story of the home at 442 King George Avenue , S. W ., was before the Council. (See Petition for Appeal on file in the City Clerk's Office.) The Architectural Review Board submitted a written report advising that the alterations were inconsistent with the H-2 guidelines ; therefore , recommending that City Council affirm its decision to deny the Certificate of Appropriateness for replacing the historic wood windows with vinyl windows; and the applicant should submit a new Certificate of Appropriateness application to be reviewed by the Architectural Review Board for removing the vinyl windows installed and replacing them with appropriate wood double hung window sashes resembling the appearance of the original historic wood double hung window sashes. (For full text, see report on file in the City Clerk's Office.) Mr. Chris Partin, Esquire , on behalf of Mr. and Mrs. Bohr advised that the Bohr's purchased the vinyl windows in the best interest as a homeowner and the decision of the Architectural Review Board was inequitable. Mr. and Mrs. Bohr defended the purchase of the windows and advised that they had a budget of $7 ,500 .00 to replace the 14 top windows, but when the pandemic hit the price of lumber went up and wood windows or aluminum clad wood windows would have been $35,000.00. The Bohr's pleaded with the Council to reverse the decision of the Architectural Review Board and allow the replacement windows.  541 Bill Hume, Chair, Architectural Review Board, advised that it was indeed a misunderstanding on the part of the homeowner, but the Board had a responsibility to the historic district in Roanoke to uphold the guidelines and shared that the windows were removed without following the process in place where the Board views the property and the applicant proves that without a doubt the windows could not be repaired without replacement. He continued stating that the Board takes that very seriously within the district and once the characteristics of the home were gone it's gone and noted that the homeowners replaced 12 historic wooden window sashes with new vinyl sashes that do not match the double hung window sashes. He further advised that the product purchased was inconsistent with the H2 guidelines as noted in the ARB report and recommended that Council affirm the decision to deny the Certificate of Appropriateness. Following in-depth discussion with regard to the matter, Vice-Mayor White-Boyd moved that the appeal unfortunately be denied with respect to the other neighbors that live in that neighborhood and uphold the decision from the Architectural Review Board. The motion was seconded by Council Member Moon Reynolds . The City Attorney interjected stating that if the Council wanted to delay or grant the Bohr's additional time for the price of materials to change , the motion could be altered to do so . Vice-Mayor White-Boyd offered an amended motion stating that the Appeal unfortunately be denied and uphold the decision from the Architectural Review Board ; however, City Council hereby gives the applicants until September 1, 2022 to make application for a Certificate of Appropriateness to replace the current windows with appropriate windows. The motion was seconded by Council Member Moon Reynolds and adopted by the following vote: AYES: Council Members Sanchez-Jones, White-Boyd , Jeffrey, Moon Reynolds, and Mayor Lea-5. NAYS: Council Member Cobb-1. (Council Member Bestpitch was absent.) HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that 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. 542 POLICE DEPARTMENT: Elizabeth Casey, 5721 Santa Anita Terrace, N. W. , appeared before the Council to commend the Police Department for their hard work. VIOLENT CRIME : Eric and Tracey Klotz, 510 Downing Street, N. W ., appeared before the Council regarding violent crime in the City of Roanoke . CLIMATE CHANGE : Laura Hartman , 1209 Campbell Avenue, S. W ., appeared before the Council to provide testimony regarding the GHG inventory, urban heat map, and an increase funding for Valley Metro. CLIMATE CHANGE : Terry McGuire, 339 King George Avenue, S. W., appeared before the Council in support of the suggestions of Dr. Sean McGinnis on the results of greenhouse gas inventory and the urban heat study. CLIMATE CHANGE: Sarah Davis Dean , 714 Dupont Circle , S. W. , appeared before the Council and urged Council to take action to improve climate change. TREE CANOPY: Chris Bryant, 1315 Sewell Lane , S. W ., appeared before the Council regarding issues related to decreasing tree canopy and suggested planting more trees in the City. MISCELLANEOUS: Freeda Cathcart, 2516 Sweetbrier Avenue, S. W. , appeared before the Council with regard to protecting the Spring Hollow Reservoir and stopping Mountain Valley Pipeline . CLIMATE CHANGE: David Linton , 2046 Westover Avenue , S. W. , appeared before the Council with regard to protecting the Spring Hollow Reservoir and to slow climate change . There being no further business to come before the Council , Mayor Lea declared the regular meeting adjourned at 9:24 p.m. APPROVED ATTEST: L«~&A~ --1-: L f } i ~ Cecelia F. McCoy, CMC City Clerk -----,n~ ~-tf erman P. Lea , Sr. Mayor