City Council

668 ROANOKE CITY COUNCIL-REGULAR SESSION December 6, 2021 9:00 a.m. The Council of the City of Roanoke met in regular session on Monday, December 6, 2021 at 9:00 a.m. , in the Council Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with 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 Patricia White-Boyd, William D. Bestpitch, Joseph L. Cobb, Robert L. Jeffrey, Jr. , Stephanie Moon Reynolds, Vivian Sanchez- Jones, and Mayor Sherman P. Lea, Sr.-7. 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. ITEMS FOR ACTION: VACANCIES ON CERTAIN AUTHORITIES, BOARDS, COMMISSIONS AND COMMITTEES APPOINTED BY COUNCIL: A communication from Mayor Sherman P. Lea, Sr., requesting that Council convene in a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2-3711 (A)(1 ), Code of Virginia (1950), as amended . (See communication on file in the City Clerk's Office.) Vice-Mayor White-Boyd moved that Council concur in the request of the Mayor as above mentioned. The motion seconded by Council Member Cobb and adopted by the following vote: AYES: Council Members White-Boyd, Bestpitch, Cobb, Jeffrey, Moon Reynolds, Sanchez-Jones, and Mayor Lea.-7. NAYS: None-0. 669 ITEMS LISTED ON THE 2:00 P.M. COUNCIL DOCKET REQUIRING DISCUSSION/CLARIFICATION AND ADDITIONS/DELETIONS TO THE 2:00 P.M. AGENDA: NONE. TOPICS FOR DISCUSSION BY THE MAYOR AND MEMBERS OF COUNCIL: NONE. BRIEFINGS: NONE. At 9:10 a.m., the Mayor declared the Council Meeting in recess to be reconvened at 9:30 a.m ., as the Legislative Committee and Area State Legislators to discuss the 2022 Legislative Program; thereafter in recess for a Closed Meeting; and thereafter reconvened at 2:00 p.m., in the Council Chamber, Room 450, Noel C. Taylor Municipal Building. At 2:00 p.m., the Council meeting reconvened in the Council Chamber, with Mayor Sherman P. Lea, Sr., presiding. PRESENT: Council Members Patricia White Boyd, William D. Bestpitch, Joseph L. Cobb, Robert L. Jeffrey, Jr., Stephanie Moon Reynolds, Vivian Sanchez- Jones, and Mayor Sherman P. Lea, Sr.-7. 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 Mayor Sherman P. Lea, Sr. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Lea. PRESENTATIONS AND ACKNOWLEDGEMENTS: GOVERNMENT FINANCE OFFICERS ASSOCIATION DISTINGUISHED BUDGET PRESENTATION AWARD: Mayor Lea presented the Government Finance Officers Association Certificate for the City's and Pension Plan Annual Comprehensive Financial Report (ACFR) for the Fiscal Year ended 2021 to Amelia Merchant, Director of Finance and members of the Department of Finance.  670 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: Barbara Duerk, 2607 Rosalind Ave, S. W., appeared before the Council and spoke with regard to Roanoke being the hub to build connections and relationships in the community. CITY CRIME: Shaheed Omar, 927 Wasena Avenue, S. W., Apt. 2, appeared before the Council and spoke with regard to the harsh penalties associated with the prosecution of gang members in the City of Roanoke and suggested that Council research crime in the City. 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 18, 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 dispensed with and approved as recorded. The motion seconded by Council Member Moon Reynolds and adopted by the following vote: AYES: Council Members White-Boyd, Bestpitch, Cobb, Jeffrey, Moon Reynolds, Sanchez-Jones, and Mayor Lea-7. NAYS: None-0. 671 OATHS OF OFFICE-ROANOKE VALLEY GREENWAY COMMISSION- ROANOKE REGIONAL AIRPORT COMMISSION-YOUTH SERVICES CITIZEN BOARD-ROANOKE PUBLIC LIBRARY BOARD: Reports of qualification of the following individuals, were before the Council: Stephanie Lareau to fill the unexpired term of office of John Francis, Jr., as a City representative of the Roanoke Valley Greenway Commission ending June 30 , 2023; John R. Clements as a City representative of the Roanoke Regional Airport Commission for a four-year of office commencing March 10, 2021 and ending March 9, 2025 ; Remi Davies as a member (Student/William Fleming High School) of the Youth Services Citizen Board for a term of office ending June 30, 2022; and Amy Morgan as a member of the Roanoke Public Library Board for a three-year term of office commencing July 1, 2021 and ending June 30 , 2024. Vice-Mayor White-Boyd moved that the reports of qualification be received and filed. The motion seconded by Council Member Moon Reynolds and adopted by the following vote: AYES: Council Members White-Boyd , Bestpitch, Cobb, Jeffrey, Moon Reynolds, Sanchez-Jones, and Mayor Sherman P. Lea, Sr.-7. NAYS: None-0. REGULAR AGENDA PUBLIC HEARINGS: AMENDMENT TO ROANOKE CHARTER OF 1952: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, December 6, 2021, at 2:00 p.m., or as soon thereafter as the matter may be heard, to consider a proposal of the City of Roanoke to request the General Assembly of Virginia to amend the Roanoke Charter of 1952 to acknowledge the City Council General election date has changed from May to November of even-numbered years, the matter was before the body.  672 Legal advertisement of the public hearing was published once in The Roanoke Times on Friday, November 26, 2021 . (See publishers' affidavit on file in the City Clerk's Office.) Council Member Bestpitch , Chair, Roanoke City Legislative Committee submitted a written report recommending adoption of a resolution and that a bill be introduced in the 2022 Session of the General Assembly to amend the Charter as proposed. (For full text, see report on file in the City Clerk's Office.) Council Member Cobb offered the following resolution: (#42210-120621) A RESOLUTION petitioning the General Assembly to amend the Roanoke Charter of 1952 to reflect a change in election dates and meetings of council generally. (For full text of resolution , see Resolution Book No. 82 , page 158.) Council Member Cobb moved the adoption of Resolution 42210-120621. The motion seconded by Council Member Jeffrey. Mayor Lea inquired if there were persons present wishing to speak on the matter; whereupon, the following individuals appeared before the Council: Barbara Andes, 2803 Rosalind Ave, S. W ., appeared before the Council in support of November Municipal elections. Luke Priddy, 302 5th Street, S. W ., appeared before the Council with regard to the voting change and support of this change. Barbara Duerk, 2607 Rosalind Ave, S. W., appeared before the Council to ask for assistance in discussing issues in forums during elections and was unaware if the voice of the people were heard . There being no additional speakers, Mayor Lea closed the public hearing. There being no questions and/or comments by the Council Members, Resolution No. 42210-120621 was adopted by the following vote: AYES: Council Members White-Boyd, Bestpitch , Cobb , Jeffrey, Moon Reynolds , Sanchez-Jones, and Mayor Sherman P. Lea, Sr.-7. NAYS: None-0. 673 PETITIONS AND COMMUNICATIONS: NONE. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: FY2021 BULLETPROOF VEST PARTNERSHIP: The City Manager submitted a written communication recommending acceptance of the FY2021 Bulletproof Vest Partnership Grant Award from the United States Department of Justice. (For full text, see communication on file in the City Clerk's Office.) Council Member Bestpitch offered the following resolution: (#42211-120621) A RESOLUTION authorizing the acceptance of the FY2021 Bulletproof Vest Partnership Grant Award made to the City of Roanoke by the United States Department of Justice; and authorizing execution of any required documentation on behalf of the City. (For full text of resolution, see Resolution Book No. 82, page 160.) Council Member Bestpitch moved the adoption of Resolution No. 42211-120621. The motion seconded by Council Member Sanchez-Jones and adopted by the following vote: AYES: Council Members White-Boyd, Bestpitch, Cobb, Jeffrey, Moon Reynolds , Sanchez-Jones, and Mayor Lea-7. NAYS: None-0. Council Member Bestpitch offered the following budget ordinance: (#42212-120621) AN ORDINANCE to appropriate funding from the appropriate funding from the Federal government, Department of Justice, for the Bulletproof Vest Partnership 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 161.)  674 Council Bestpitch moved the adoption of Budget Ordinance No. 42212-120621. The motion seconded by Council Member Jeffrey and adopted by the following vote: AYES: Council Members White-Boyd, Bestpitch, Cobb, Jeffrey, Moon Reynolds, Sanchez-Jones, and Mayor Lea-7. NAYS: None-0. FY2021 STATE HOMELAND SECURITY PROGRAM: The City Manager submitted a written communication recommending acceptance of the FY2021 State Homeland Security Program Grant from the Virginia Department of Emergency Management for the Police Department to purchase equipment to enhance the safety of officers and citizens. (For full text, see communication on file in the City Clerk's Office.) Council Member Moon Reynolds offered the following resolution: (#42213-120621) A RESOLUTION authorizing the acceptance of the State Homeland Security FY2021 Program Grant established by the Virginia Department of Emergency Management made to the City of Roanoke by the U.S. Department of Homeland Security; and authorizing execution of any required documentation on behalf of the City. (For full text of resolution, see Resolution Book No. 82, page 162.) Council Member Moon Reynolds moved the adoption of Resolution No. 42213- 120621 . The motion seconded by Council Member Jeffrey and adopted by the following vote : AYES: Council Members White-Boyd, Bestpitch, Cobb, Jeffrey, Moon Reynolds, Sanchez-Jones, and Mayor Lea-7. NAYS: None-0. Vice-Mayor White-Boyd offered the following budget ordinance: (#42214-120621) AN ORDINANCE to appropriate funding from the Department of Homeland Security through the Commonwealth of Virginia Department of Emergency Management for the State Homeland Security Program 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 163.) 675 Vice-Mayor White-Boyd moved the adoption of Budget Ordinance No. 42214- 120621 . The motion seconded by Council Member Bestpitch and adopted by the following vote: AYES: Council Members White-Boyd , Bestpitch , Cobb, Jeffrey, Moon Reynolds, Sanchez-Jones, and Mayor Lea-?. NAYS : None-0. NATIONAL ENDOWMENT FOR THE ARTS AMERICAN RESCUE PLAN : The City Manager submitted a written communication recommending acceptance of the National Endowment for the Arts American Rescue Plan Award to contract with artists to develop and publicly show work that advances community wellness, justice and inclusion. (For full text, see communication on file in the City Clerk's Office.) Council Member Cobb offered the following resolution: (#42215-120621) A RESOLUTION authorizing the acceptance of the American Rescue Plan Act Grant established by the National Endowment for the Arts to the City of Roanoke; and authorizing execution of any required documentation on behalf of the City. (For full text of resolution , see Resolution Book No. 82 , page 164.) Council Member Cobb moved the adoption of Resolution No. 42215-120621. The motion seconded by Council Member Jeffrey and adopted by the following vote : AYES: Council Members White-Boyd, Bestpitch, Cobb , Jeffrey, Moon Reynolds, Sanchez-Jones, and Mayor Lea-?. NAYS : None-0. Council Member Cobb offered the following budget ordinance: (#42216-120621) AN ORDINANCE to appropriate funding from the Federal Government National Endowment for the Arts 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 165.)  676 Council Member Cobb moved the adoption of Budget Ordinance No. 42216- 120621. The motion seconded by Vice-Mayor White-Boyd and adopted by the following vote : AYES: Council Members White-Boyd , Bestpitch, Cobb , Jeffrey, Moon Reynolds, Sanchez-Jones, and Mayor Lea-7. NAYS: None-0. NATIONAL ENDOWMENT FOR THE ARTS GRANTS ARTS PROJECTS AWARD: The City Manager submitted a written communication recommending acceptance of the National Endowment for the Arts Grants Arts Projects Award to hire artists to engage with City staff, stakeholders and residents in developing and implementing projects that connect the community with goals and strategies. (For full text, see communication on file in the City Clerk's Office.) Council Member Jeffrey offered the following resolution: (#42217-120621) A RESOLUTION accepting the National Endowment for the Arts Grants Arts Projects Award to hire artists to engage with City staff, stakeholders and residents in developing and implementing projects that connect the community with goals and strategies. (For full text of resolution, see Resolution Book No. 82 , page 166.) Council Member Jeffrey moved the adoption of Resolution No. 42217-120621. The motion seconded by Council Member Cobb and adopted by the following vote: AYES: Council Members White-Boyd , Bestpitch , Cobb, Jeffrey, Moon Reynolds, Sanchez-Jones, and Mayor Lea-7 . NAYS: None-0. Council Member Cobb offered the following budget ordinance: (#42218-120621) AN ORDINANCE to appropriate funding from the Federal Government National Endowment for the Arts 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 167.) 677 Council Member Cobb moved the adoption of Ordinance No. 42218-120621. The motion seconded by Council Member Bestpitch and adopted by the following vote: AYES: Council Members White-Boyd, Bestpitch, Cobb, Jeffrey, Moon Reynolds, Sanchez-Jones, and Mayor Lea-7. NAYS: None-0. 2022 VIRGINIA STATEWIDE BUSINESS DISTRICT RESURGENCE GRANT: The City Manager submitted a written communication recommending acceptance of the 2022 Virginia Statewide Business District Resurgence Grant in connection with a needs assessment for merchants in the Gainsboro Commercial District. (For full text, see communication on file in the City Clerk's Office.) Council Member Cobb offered the following resolution: (#42219-120621) A RESOLUTION authorizing the acceptance of the 2022 Virginia Statewide Business District Resurgence Grant established by the National League of Cities to the City of Roanoke; and authorizing execution of any required documentation on behalf of the City. (For full text of resolutio_n, see Resolution Book No. 82, page 168.) Council Member Cobb moved the adoption of Resolution No. 42219-120621. The motion seconded by Council Member Sanchez-Jones and adopted by the following vote: AYES: Council Members White-Boyd, Bestpitch, Cobb, Jeffrey, Moon Reynolds, Sanchez-Jones, and Mayor Lea-7. NAYS: None-0. Council Member Cobb offered the following budget ordinance: (#42220-120621) AN ORDINANCE to appropriate funding from the National League of Cities' Institute for Youth, Education & Families (YEF) for the Equitable Economic Mobility Initiative 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 169.)  678 Council Member Cobb moved the adoption of Budget Ordinance No. 42220- 120621 . The motion seconded by Council Member Bestpitch and adopted by the following vote: AYES: Council Members White-Boyd , Bestpitch, Cobb, Jeffrey, Moon Reynolds, Sanchez-Jones, and Mayor Lea-7. NAYS : None-0. SHUTTERED VENUES OPERATORS GRANT: The City Manager submitted a written communication recommending acceptance of additional funds in connection with the Shuttered Venues Operators Grant from the Small Business Administration Office of Disaster Assistance to provide support to live venue operators in response to the impacts of COVID-19. (For full text, see communication on file in the City Clerk's Office.) Council Member Moon Reynolds offered the following resolution: (#42221-120621) A RESOLUTION authorizing the acceptance of the Shuttered Venue Operators Grant ("Grant") established by the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act and amended by the American Rescue Plan Act made to the City of Roanoke by the U.S. Small Business Administration 's Office of Disaster Assistance; and authorizing execution of any required documentation on behalf of the City. (For full text of resolution, see Resolution Book No. 82 , page 170.) Council Member Moon Reynolds moved the adoption of Resolution No. 42221- 120621 . The motion seconded by Council Member Sanchez-Jones and adopted by the following vote: AYES : Council Members White-Boyd , Bestpitch, Cobb, Jeffrey, Moon Reynolds, Sanchez-Jones, and Mayor Lea-7. NAYS : None-0. 679 Council Member Cobb offered the following budget ordinance: (#42222-120621) AN ORDINANCE to appropriate funding from the Economic Aid to Hard-Hit Business, Nonprofits, and Venues Act amended by the American Rescue Plan Act, 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 171 .) Council Member Cobb moved the adoption of Ordinance No. 42222-120621 . The motion seconded by Council Member Jeffrey and adopted by the following vote: AYES : Council Members White-Boyd, Bestpitch , Cobb , Jeffrey, Moon Reynolds, Sanchez-Jones, and Mayor Lea-7. NAYS: None-0. BANK ON ROANOKE VALLEY PROGRAM : The City Manager submitted a written communication recommending appropriation of the FY2021 - 2022 United Way funding for the Bank On Roanoke Valley Program . (For full text, see communication on file in the City Clerk's Office.) Vice-Mayor White-Boyd offered the following budget ordinance: (#42223-120621) AN ORDINANCE authorizing the acceptance from the United Way of Roanoke Valley to transition program management from Bank on Roanoke Valley to the City to improve the financial stability of low to moderate income residents , 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 resolution , see Resolution Book No. 82, page 172.) Vice-Mayor White-Boyd moved the adoption of Ordinance No. 42223-120621. The motion seconded by Council Member Cobb and adopted by the following vote: AYES : Council Members White-Boyd , Bestpitch , Cobb, Jeffrey, Moon Reynolds, Sanchez-Jones, and Mayor Lea-7. NAYS: None-0.  680 AMENDMENT OF THE CITY CODE TO UPDATE AND CLARIFY THE STORMWATER UTILITY SECTION: The City Manager submitted a written communication recommending amendment of the City Code to update and clarify the Stormwater Utility section. (For full text, see communication on file in the City Clerk's Office.) Council Member Bestpitch offered the following ordinance: (#42224-120621) AN ORDINANCE to appropriate funding amending and reordaining Section 14.1-3, Littering, Chapter 14.1, Solid Waste Management, 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. 82 page 173.) Council Member Bestpitch moved the adoption of Ordinance No. 42224-120621. The motion seconded by Vice-Mayor White-Boyd and adopted by the following vote: AYES: Council Members White-Boyd, Bestpitch, Cobb, Jeffrey, Moon Reynolds, Sanchez-Jones, and Mayor Lea-7. NAYS: None-0. Council Member Bestpitch offered the following ordinance: (#42225-120621) AN ORDINANCE amending and reordaining Chapter 11.3, Stormwater Discharge Requirements, 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. 82 , page 175.) Council Member Bestpitch moved the adoption of Ordinance No. 42225-120621 . The motion seconded by Council Member Cobb and adopted by the following vote: AYES: Council Members White-Boyd , Bestpitch, Cobb, Jeffrey, Moon Reynolds, Sanchez-Jones, and Mayor Lea-7. NAYS: None-0. 681 AMENDMENT OF THE CITY CODE TO ENHANCE SIDEWALK SAFETY AND ACCESS IN THE DOWNTOWN SERVICES DISTRICT: The City Manager submitted a written communication amending the City Code to enhance sidewalk safety and access in the Downtown Services District. (For full text, see communication on file in the City Clerk's Office.) Council Member Moon Reynolds offered the following ordinance: (#42226-120621) AN ORDINANCE amending and reordaining Section 24-12. Camping on public sidewalks and rights of way within the Downtown Service District, Chapter 24 Public Buildings and Property Generally, Article I In General, 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. 82, page 182.) Council Member Moon Reynolds moved the adoption of Ordinance No. 42226- 120621. The motion seconded by Council Member Bestpitch. The following individuals appeared before the Council to speak on the matter: Gilbert Collins, 903 Hunt Avenue, N. W., - in opposition ; Dawn Sandoval - 602 Marshall Avenue, S. W. - in opposition; Lee Wilhelm -1921 Salem Avenue, S. W.- in support; Joshua Haley- 375 Elm Avenue, N. W. - in opposition; Dr. Samantha Rosenthal - 340 Day Avenue, S. W. - in opposition; James Matt Bullington - 3230 Orchard Hill Road, S. W.- in support; John Wiley-137 Norfolk Avenue, S. W . - in support; Anne Marie Green, Blue Ridge lnteragency Council on Homelessness, 502 Campbell Avenue, S. W. Lauren Canary - 1029 Woodrow Avenue, S. E. - addressed concerns with regard to fines for unhoused persons downtown; in opposition; Danny Clawson - 1029 Woodrow Avenue, S. E. - addressed concerns with regard to fines for unhoused persons downtown; in opposition ; Eric Sichau - Roanoke Regional Chamber of Commerce, 210 S. Jefferson Street, S. W. - in support; Kiesha Preston, 2431 Hanover Avenue, N. W. - Roanoke, - in opposition; Tina Workman, Downtown Roanoke, Inc., 213 Market Street, S. W. - in support; Stephanie Keesee - 411 Walnut Avenue, S. W ., Apt. 3 - expressed concerns with regard to charges as a class 4 misdemeanor; Robert Jaeger - 1814 Arlington Road, S. W. - in support; Swade Best- 3414 Wakefield Avenue, S. W.-:- addressed concerns with the Roanoke Rescue Mission; requiring all to attend religious services;  682 Alisha Smith - 703 Suburban Avenue, S. W. - in opposition; David Garland - 3704 Round Hill Avenue, N. W . - in support; John Rose Brewer - 2802 Colonial Avenue, S. W. , Apt. 16 - expressed concerns with regard to charges as a class 4 misdemeanor; Amy Trowell - 2220 Ross Lane, S. W. - in opposition; Sam McCormick - 1132 Montrose Avenue, S. E. - tools for vendors; and Ezekiel Besser - member of the homeless community - defended his plight. Mayor Lea asked Lee Clark, Chief Executive Officer, Rescue Mission Ministries, to respond to concerns from citizens with regard to religious service attendance. Mr. Clark noted that there had been long-term concerns with regard to rules and regulations at the Mission. He also explained that it was not necessary for the homeless to be sober to get shelter at the Mission; and with regard to concerns of sexual orientation or gender identity, Mr. Clark explained that staff has undergone training to better relate to the entire community. Council Member Bestpitch agreed with Mr. Clark that there were problems in the City that could not be resolved in the near future and said that the City of Roanoke has invested sufficient amount of funding for homelessness and that it was not acceptable to allow displacement of people. Council Member Cobb commented that he had mixed feelings about the fine associated with the measure and noted that everyone was facing their vulnerabilities. Vice-Mayor White-Boyd asked Mr. Clark to clarify concerns about religious offerings ; wherein, he advised that attendance at religious service was not required to stay at the Rescue Mission, specific requirements have not been in effect since the pandemic, and whatever religion practiced, the Mission attempts to connect with that specific faith . Council Member Jeffrey indicated homelessness was a complex issue in downtown and the choices of the homeless should not impede or cause conflicts. He said he would support the measure, but was concerned about the proposed penalty. Council Member Moon Reynolds asked the City Manager about the number of Homeless Assistance Team full-time outreach workers and their hours of operation; wherein , he replied there were three full-time employees, in addition to Matt Crookshank, Human Services Administrator and the hours of operation were from 11 :00 a.m. to 3:00 p.m. and varied during the week. Following additional comments by the City Manager, Mayor Lea stated the City of Roanoke has and will continue to deal with homelessness in a compassionate and caring manner, along with structure to maintain a vibrant downtown. 683 There being no additional questions and/or comments by the Council Members, Ordinance No. 42226-120621 was adopted by the following vote : AYES : Council Members White-Boyd , Bestpitch , Jeffrey, Sanchez-Jones, and Lea-4. NAYS: Council Members Cobb and Moon Reynolds-2 . COMMENTS OF CITY MANAGER: The City Manager shared the following comments: ARPA Funding • Online grant applications are now open for the American Rescue Plan Act funding. • Individuals, families , nonprofits, mental health service providers, substance abuse treatment, small businesses, and arts and cultural organizations may apply through the City of Roanoke. • Information is posted on our website at roanokeva.gov/starcitystrong Youth and Gang Violence Community Assessment • The Gun Violence Prevention Commission is undertaking a Youth and Gang Violence Community Assessment to provide community-driven perspectives-particularly youth perspectives-on the issues surrounding gang violence. • The assessment will be completed through direct interviews with community members, as well as a survey that will be disseminated through a variety of methods. • Details on how to participate in the survey are posted on our website homepage at roanokeva.gov, under "About Roanoke ." • The deadline to participate is tomorrow, December 7. HUD Funding • Non-profit organizations seeking Community Development Block Grants, HOME Investment Partnership Grants, Emergency Solutions Grants or CDBG-CV CARES Act funding for eligible activities for FY 2022 - 2023 may access an application on the City's website. • Applications are due online to the City's HUD Community Resources Division by 11 :59 p.m. on Wednesday, January 19, 2022 . • Details for how to apply are posted on our website homepage at roanokeva.gov, under "About Roanoke. "  684 Spring 2022 Leadership College • Registration is open for the City's Spring 2022 Leadership College. • This is a nine-week community leadership program designed to increase the level of effective communication between City government and residents. • Classes will meet on Thursday evenings, March 17 through May 19, 2022, from 6 to 9 p.m . in the EOC (Room 159) of the Noel C. Taylor Municipal Building. • Light refreshments will be served at 5:30 p.m. • Registration is free, but participants must live or work in the City of Roanoke and commit to attend seven out of nine sessions. • More information can be found at roanokeva.gov/leadershipcollege , or you can follow the Office of Neighborhood Services Facebook page. • Contact Josh Johnson, Neighborhood Services Coordinator, (540) 853-1643, joshua.johnson@roanokeva.gov if you have questions. CITY ATTORNEY: PURCHASE OF PROPERTY LOCATED AT 1414 MEMORIAL AVENUE, S.W.: The City Attorney submitted a written communication recommending execution of a purchase and sales agreement with 1414 Memorial, LLC, for the purchase of property located at 1414 Memorial Avenue , S. W. (For full text, see communication on file in the City Clerk's Office.) Vice-Mayor White-Boyd offered the following ordinance: (#42227-120621) AN ORDINANCE authorizing the City Manager or his designee to execute a purchase and sale agreement with 1414 Memorial, LLC, for the purchase of an approximately 106,752 square foot parcel of commercial real property located at 1414 Memorial Avenue, S.W., Roanoke, Virginia , bearing Official Tax Map No. 1230401 by the City of Roanoke, Virginia, 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. 82 , page 184.) 685 Vice-Mayor White-Boyd moved the adoption of Ordinance No. 42227-120621. The motion seconded by Council Member Moon Reynolds and adopted by the following vote: AYES : Council Members White-Boyd, Bestpitch, Cobb, Jeffrey, Moon Reynolds, Sanchez-Jones, and Mayor Lea-7. NAYS: None-0. AMENDMENT OF THE CITY CODE TO UPDATE AND CLARIFY THE MISCELLANEOUS OFFENSES SECTION: The City Attorney submitted a written communication recommending amending and reordaining Chapter 21 of the City Code to conform to the Code of Virginia (1950), as amended, and to update certain sections to societal norms of current day. (For full text, see communication on file in the City Clerk's Office .) Council Member Moon Reynolds offered the following ordinance: (#42228-120621) AN ORDINANCE amending and reordaining Chapter 21, Offenses - Miscellaneous, of the Code of the City of Roanoke (1979), as amended ; providing for an effective date; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 82, page 185.) Council Member Moon Reynolds moved the adoption of Ordinance No. 42228- 120621. The motion seconded by Council Member Sanchez-Jones and adopted by the following vote: AYES: Council Members White-Boyd, Bestpitch, Cobb, Jeffrey, Moon Reynolds, Sanchez-Jones, and Mayor Lea-7. NAYS: None-0. AMENDMENT OF THE CITY CODE IN CONNECTION WITH CLEAN SPECIAL FUELS: The City Attorney submitted a written communication recommending amending and reordaining Subsection (d), Section 32-104, Levied; rate, Article Ill, Tax on Tangible Personal Property Generally, Code of the City of Roanoke ( 1979 ), as amended. (For full text, see communication on file in the City Clerk's Office.)  686 Council Member Jeffrey offered the following ordinance: (#42229-120621) AN ORDINANCE amending and reordaining subsection (d), Section 32-104, Levied; rate, Article 111, 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. 82 , page 219 .) Council Member Jeffrey moved the adoption of Ordinance No. 42229-120621 . The motion seconded by Vice-Mayor White-Boyd and adopted by the following vote: AYES: Council Members White-Boyd, Bestpitch, Cobb, Jeffrey, Moon Reynolds, Sanchez-Jones, and Mayor Lea-7. NAYS: None-0. REPORTS OF COMMITTEES: ADOPTION OF THE PROPOSED 2022 LEGISLATIVE PROGRAM: Council Member Bestpitch, Chairman of the Legislative Committee, submitted the Proposed 2022 City of Roanoke Legislative Program for adoption. (For full text, see Proposed 2022 Legislative Program on file in the City Clerk's Office.) Council Member Bestpitch offered the following resolution: (#42230-120621) A RESOLUTION adopting and endorsing a Legislative Program for the City to be presented to the City's delegation to the 2022 Session of the General Assembly; and authorizing the City's legislative liaison to advocate the positions of the City with respect to matters presented during the 2022 Session of the General Assembly. (For full text of resolution, see Resolution Book No. 82 , page 221.) Council Member Bestpitch moved the adoption of Resolution No. 42230-120621. The motion seconded by Council Member Moon Reynolds. 687 Council Member Bestpitch moved that Item 6 in the Legislative Program be changed from "with respect to the funds for capital investment and innovation corridor from $10 million to $15 million; add a period after the word "Corridor"; and delete all words after the period". He further mentioned that in Item 8 add the phrase "Senator Edwards and Delegate Rasoul expressed intention to introduce the legislation." The motion seconded by Vice-Mayor White-Boyd . Following additional comments from Council Member Bestpitch and Mayor Lea , Resolution No. 42230-120621 was adopted by the following vote : AYES: Council Members White-Boyd, Bestpitch , Cobb, Jeffrey, Moon Reynolds, Sanchez-Jones, and Mayor Lea-7. NAYS: None-0. Council Member Bestpitch encouraged the importance of all Council Members getting involved and being aware of the happenings of the General Assembly in Richmond , adding the Legislators needed to hear from the entire Council in one on one conversations. UNFINISHED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OR ORD INANCES AND RESOLUTIONS: NONE. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: GUN VIOLENCE PREVENTION COMMISSION : Council Member Cobb announced that on Thursday, December 9, at 6:00 p.m., the Gun Violence Prevention Commission and Total Action for Progress (TAP) would host the Annual Bridging the Community Gap event, which would commence at the Martin Luther King Memorial Statue downtown; and further expressed that Greg McClain, member of the Elite Business Strategies Team who was working on the Gang Violence Assessment passed away on Sunday, December 5 after a brief illness. MISCELLANEOUS : Council Member Jeffrey acknowledged the support for his family in the passing of his brother-in-law Clayton Williams, recently murdered on Williamson Road . He advised that an arrest had been made in connection with the murder.  688 PLASTIC BAG TAX: Council Member Bestpitch thanked the City Manager and staff for the informative brochure explaining the plastic bag tax to be go into effect on January 1, 2022 . CHRISTMAS TREE LIGHTING: Mayor Lea thanked the Council for attending the Dickens of a Christmas tree lighting. VACANCIES ON CERTAIN AUTHORITIES , BOARDS , COMMISSIONS AND COMMITTEES APPOINTED BY COUNCIL: CERTIFICATION OF CLOSED MEETING: With respect to the Closed Meeting just concluded , Vice-Mayor White-Boyd 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 Cobb and adopted by the following vote: AYES: Council Members White-Boyd , Bestpitch, Cobb, Jeffrey, Moon Reynolds, Sanchez-Jones, and Mayor Lea-7. NAYS: None-0. FAIR HOUSING BOARD: The Mayor called attention to a vacancy created by the resignation of Stephen Grammer as a member of the Fair Housing Board ending March 31 , 2022; whereupon , he opened the floor for nominations. Council Member Cobb placed in nomination the name of Garrett Brumfield . There being no further nominations, Mr. Brumfield was appointed to fill the unexpired term of office of Stephen Grammer as member of the Fair Housing Board ending March 31 , 2022 , by the following vote: FOR MR. BRUMFIELD: Council Members White-Boyd , Bestpitch , Cobb, Jeffrey, Moon Reynolds, Sanchez-Jones, and Mayor Lea-7. PERSONNEL EMPLOYMENT PRACTICES COMMISSION: The Mayor called attention to a vacancy created by the resignation of Jackie Clewis as a member (Classified Service/City Employee) of the Personnel Employment and Practices Commission for a term of office ending June 30 , 2023; whereupon , he opened the floor for nominations. Council Member Cobb placed in nomination the name of Donna St.Clair. 689 There being no further nominations, Ms. St.Clair was appointed to fill the unexpired term of office of Jackie Clewis as a member (Classified Service/City Employee) of the Personnel Employment and Practices Commission ending June 30 , 2023 , by the following vote: FOR MS . ST.CLAIR: Council Members White-Boyd , Bestpitch , Cobb, Jeffrey, Moon Reynolds, Sanchez-Jones, and Mayor Lea-7. ROANOKE CIVIC CENTER COMMISSION: The Mayor called attention to the expiration of the three-year term of office of Linwood "Woody" Deans as a member of the Roanoke Civic Center Commission ended September 30, 2021 . Inasmuch as Mr. Deans having served three consecutive terms of office, he is ineligible to serve another term of office; whereupon , he opened the floor for nominations. Council Member Cobb placed in the nomination the name of Chris Craft. There being no further nominations, Mr. Craft was appointed to replace Linwood "Woody" Deans as a member of the Roanoke Civic Center Commission for a term of office ending September 30 , 2024, by the following vote: FOR MR CRAFT: Council Members White-Boyd , Bestpitch , Cobb , Jeffrey, Moon Reynolds , Sanchez-Jones , and Mayor Lea-7. ROANOKE NEIGHBORHOOD ADVOCATES: The Mayor called attention to a vacancy created by the resignation of Margaret Ashburn as a member of the Roanoke Neighborhood Advocates ending September 30 , 2023; whereupon , he opened the floor for nominations. Council Member Cobb placed in nomination the name of Durie! Wood. There being no further nominations, Duriel Wood was appointed to fill the unexpired term of office of Margaret Ashburn as a member of the Roanoke Neighborhood Advocates ending September 30 , 2023 , by the following vote: FOR MR WOOD: Council Members White-Boyd , Bestpitch , Cobb, Jeffrey, Moon Reynolds , Sanchez-Jones, and Mayor Lea-7.  690 YOUTH ATHLETICS REVIEW BOARD: Pursuant to Ordinance No. 42173- 100721 amending and reordaining Chapter 2, Administration , Division II, Permanent Committees, Code of the City of Roanoke (1979), as amended , setting forth the composition , purpose, responsibility, appointment and terms of members, members not compensated , organization , selection of officers, meetings, and reports to Council; the Mayor called attention to five vacancies on the newly created Youth Athletics Review Board , two appointments by the City Manager and three appointments by the Council ; whereupon , he opened the floo r for nominations. Council Member Cobb placed in nomination the names of Brandon McCall and Jaime Mather appointees by the City manager; and Heather Hamed-Moore, Deidre Trigg and Darnell Wood appointees by the Council. There being no further nominations, Mr. McCall was appointed for a one-year term of office end ing December 31 , 2022 ; Mr. Mather and Ms. Hamed-Moore were appointed for two-year terms of office , each , ending December 31, 2024; and Ms. Trigg and Mr. Wood (waived residency) were appointed for three-year terms of office, each , ending December 31, 2025 as members of the Youth Athletics Review Board, by the following vote: FOR MESSRS . MCCALL, MATHER, WOOD AND MS. HAMED-MOORE AND MS. TRIGG: Council Members White-Boyd , Bestpitch , Cobb, Jeffrey, Moon Reynolds , Sanchez-Jones, and Mayor Lea-7. Council Member Cobb moved that the residency requirement for Ms. Trigg and Mr. Wood be waived in this instance, which was adopted by the following vote: AYES : Council Members White-Boyd , Bestpitch , Cobb, Jeffrey, Moon Reynolds, Sanchez-Jones, and Mayor Lea-7. There being no further business to come before the Council, Mayor Lea declared the regular meeting adjourned at 5:53 p.m. APPROVED ATTEST: (;,-ULM- d-; ~ ~~x~, Cecelia F. McCoy, CMG Sherman P. Lea, Sr. City Clerk Mayor