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HomeMy WebLinkAboutCouncil Actions 12-06-21 WHITE-BOYD 42210-120621 QF ROANOKE CITY COUNCIL INFORMAL SESSION DECEMBER 6, 2021 9:00 A.M. CITY COUNCIL CHAMBER 215 CHURCH AVENUE, S. W. AGENDA The City of Roanoke is a safe, caring and economically vibrant community in which to live, learn, work, play and prosper. A vibrant urban center with strong neighborhoods set amongst the spectacular beauty of Virginia's Blue Ridge. Call to Order -- Roll Call — All Present. Welcome. Mayor Sherman P. Lea, Sr. NOTICE Council meetings will be televised live and replayed on RVTV Channel 3 on Thursdays at 7:00 p.m., and Saturdays from 10:00 a.m. to 5:00 p.m.; and video streamed through Facebook Live at facebook.com/RoanokeVa. Council meetings are offered with closed captioning for the hearing impaired. ITEMS FOR ACTION: 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. A list of current vacancies is included with the agenda for this meeting. (7-0) 1 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. 2 ROANOKE CITY COUNCIL REGULAR SESSION DECEMBER 6, 2021 2:00 P.M. CITY COUNCIL CHAMBER AGENDA The City of Roanoke is a safe, caring and economically vibrant community in which to live, learn, work, play and prosper. A vibrant urban center with strong neighborhoods set amongst the spectacular beauty of Virginia's Blue Ridge. 1 . Call to Order--Roll Call. All present. 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. Welcome. Mayor Lea. NOTICE: Council meetings will be televised live and replayed on RVTV Channel 3 on Thursdays at 7:00 p.m., and Saturdays from 10:00 a.m. to 5:00 p.m.; and video streamed through Facebook Live at facebook.com/RoanokeVa. Council meetings are offered with closed captioning for the hearing impaired. 3 ANNOUNCEMENTS: The Council of the City of Roanoke is seeking applications for the following current vacancies and/or upcoming expirations of terms of office: Fair Housing Board —one vacancy Roanoke Civic Center Commission — one vacancy Roanoke Neighborhood Advocates —two vacancies Roanoke Valley Regional Cable Television Committee — one vacancy Towing Advisory Board — one vacancy (Citizen at-large) Youth Athletics Review Board —three vacancies Access the City's homepage to complete an online application for the abovementioned vacancies. 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: Presentation of the Government Finance Officers Association, Certificates of Achievement for Excellence in Financial Reporting for the City's and Pension Plan Annual Comprehensive Financial Report (ACFR) for the Fiscal Year ended 2021, to the Department of Finance. Mayor Lea recognized the Department of Finance and presented a Certificate. 3. 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. Barbara Duerk, 2607 Rosalind Avenue, S. W., appeared before the Council and spoke with regard to Roanoke being the hub and connector to build connections and relationships in the community. 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. 4 4. CONSENT AGENDA: (APPROVED 7-0) All matters listed under the Consent Agenda are considered to be routine by the Members of City Council and will be enacted by one motion. There will be no separate discussion of the items. If discussion is desired, the item will be removed from the Consent Agenda and considered separately. C-1 Minutes of the regular meeting of City Council held on Monday, October 18, 2021. RECOMMENDED ACTION: Dispensed with the reading of the minutes and approved as recorded. C-2 Reports of qualification of the following individuals: 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. RECOMMENDED ACTION: Received and filed. REGULAR AGENDA: 5. PUBLIC HEARING: 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. Council Member William D. Bestpitch, Chair, Legislative Committee, Spokesperson. Adopted Resolution No. 42210-120621. (7-0) 5 6. PETITIONS AND COMMUNICATIONS: NONE. 7. REPORTS OF CITY OFFICERS AND COMMENTS OF THE CITY MANAGER: a. CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: 1. Acceptance of the FY 2021 Bulletproof Vest Partnership Grant Award from the United States Department of Justice. Adopted Resolution No. 42211-120621 and Budget Ordinance No. 42212-120621. (7-0) 2. Acceptance of the FY 2021 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. Adopted Resolution No. 42213-120621 and Budget Ordinance No. 42214-120621. (7-0) 3. 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. Adopted Resolution No. 42215-120621 and Budget Ordinance No. 42216-120621. (7-0) 4. 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. Adopted Resolution No. 42217-120621 and Budget Ordinance No. 42218-120621. (7-0) 5. Acceptance of the 2022 Virginia Statewide Business District Resurgence Grant in connection with a needs assessment for merchants in the Gainsboro Commercial District. Adopted Resolution No. 42219-120621 and Budget Ordinance No. 42220-120621. (7-0) 6 6. 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. Adopted Resolution No. 42221-120621 and Budget Ordinance No. 42222-120621. (7-0) 7. Appropriation of the FY 2021 — 2022 United Way funding for the Bank On Roanoke Valley Program. Adopted Budget Ordinance No. 42223-120621. (7-0) 8. Amendment of the City Code to update and clarify the Stormwater Utility section. Adopted Ordinance Nos. 42224-120621 and 42225-120621. (7-0) 9. Amendment of the City Code to enhance sidewalk safety and access in the Downtown Services District. Adopted Ordinance No. 42226-120621. (5-2, Council Members Cobb and Moon Reynolds voted no) COMMENTS OF THE 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, Dec. 7. 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 2022-23 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, Jan. 19, 2022. • Details for how to apply are posted on our website homepage at roanokeva.gov, under "About Roanoke." 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.qov/leadershipcollege, or you can follow the Office of Neighborhood Services Facebook page. • Contact Josh Johnson, Neighborhood Services Coordinator, (540) 853- 1643, if you have questions. b. CITY ATTORNEY: 1. Approval of a purchase of property located at 1414 Memorial Avenue, S. W. Adopted Ordinance No. 42227-120621. (7-0) 2. Amendment of the City Code to update and clarify the Miscellaneous Offenses section. Adopted Ordinance No. 42228-120621. (7-0) 3. Amendment of the City Code in connection with clean special fuels. Adopted Ordinance No. 42229-120621. (7-0) 8 8. REPORTS OF COMMITTEES: a. Presentation of the Proposed 2022 Legislative Program. Council Member William D. Bestpitch, Chair, Legislative Committee. Adopted Resolution No. 42230-120621, as amended. (7-0) 9. UNFINISHED BUSINESS: NONE. 10. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. 11 . MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and/or comments by the Mayor and Members of City Council. 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. 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. 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. Mayor Lea thanked the Council for attending the Dickens of a Christmas tree lighting. b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. See below. CERTIFICATION OF CLOSED MEETING. (7-0). Appointed Garrett Brumfield as a member of the Fair Housing Board to fill the unexpired term of office of Stephen Grammer ending March 31, 2022. 9 Appointed Donna St. Clair as a member (Classified Service/City Employee) of the Personnel Employment and Practices Commission to fill the unexpired term of office of Jackie Clewis ending June 30, 2023. Appointed Chris Craft to replace Linwood "Woody" Deans as a member of the Roanoke Civic Center Commission for a term of office ending September 30, 2024. Appointed Duriel Wood as a member of the Roanoke Neighborhood Advocates to fill the unexpired term of office of Margaret Ashburn ending September 30, 2023. Appointed Brandon McCall for a one-year term of office ending December 31, 2022; Jaime Mather and Heather Hamed-Moore for two-year terms of office, each, ending December 31, 2024; Deirdre Trigg and Darnell Wood (waived residency) for three-year terms of office, each, ending December 31, 2025 as members of the Youth Athletics Review Board. 12. ADJOURNMENT - 5:53 P.M. 10 �oF Romeo CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE,S.W.,SUITE 452 ROANOKE,VIRGINIA 24011-1594 TELEPHONE: (540)853-2444 FAX: (540)853-1145 SHERMAN P.LEA,SR. EMAIL: MAYORgROANOKEV.A.GOV Mayor December 6, 2021 The Honorable Vice-Mayor Patricia White-Boyd and Members of the Roanoke City Council Roanoke, Virginia Dear Vice-Mayor White-Boyd and Members of Council: This is to request 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. A list of current vacancies is included with the agenda for this meeting. Sincerely, Sherman P. Lea, Sr. Mayor S PL:ctw COMMITTEE VACANCIES/REAPPOINTMENTS December 6, 2021 Public VACANCIES: Unexpired term of office on the Fair Housing Board ending March 31, 2022. Term of office on the Roanoke Civic Center Commission ending September 30, 2024. Unexpired terms of office on the Roanoke Neighborhood Advocates ending September 30, 2022 and September 30, 2023, respectively. Unexpired term of office on the Roanoke Valley Regional Cable Television ending June 30, 2023. Term of office (Citizen at Large) on the Towing Advisory Board ending October 31, 2023. Terms of office on the newly created Youth Athletics Review Board. 1 CITY OF ROANOKE OK � FFICE OF THE C 215 Church Avenue,S.W,Room 456 a. Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 E-mail: clerk@roanokeva.gov CECELIAT.WEBB,CMC CECELIA F.MCCOY,CMC Deputy City Clerk City Clerk December 7, 2021 Frank Maguire Roanoke City Greenway Coordinator 1206 Kessler Mill Road Salem, Virginia 24153 Dear Mr. Maguire: This is to advise you that Stephanie Lareau has qualified as a City representative of the Roanoke Valley Greenway Commission to fill the unexpired term of office of John Francis, Jr., for a term of office ending June 30, 2023. Sincerely, Cecelia F. McCoy, CMC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Stephanie Lareau, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me to fill the unexpired term of office of john Francis, Jr., as a City representative of the Roanoke Valley Greenway Commission and ending June 30, 2023, according to the best of my ability. (So help me God.) XTEP;H�A�!N=IELAREAIJ The foregoing oath of office was taken, sworn to, and subscribed before me by Stephanie Lareau, this 1b day of �-DVO*M�2021. Brenda S. Hamilton, Clerk of the Circuit Court By �j c��t, Clerk rt , CITY OF ..OANOKE OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Suite 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 E-mail: clerkCaroanokeva.gov CECELIA T.WEBB,CHIC CECELIA F.MCCOY,CMC Deputy City Clerk City Clerk December 7, 2021 Karen Faber, Secretary Roanoke Regional Airport Commission 5202 Aviation Drive, N. W. Roanoke, Virginia 24012 Dear Ms. Faber: This is to advise you that John R. Clements has qualified as the City representative of the Roanoke Regional Airport Commission for a four-year term of office commencing March 10, 2021 and ending March 9, 2025. Sincerely, �ac&:Otl J. vxte"t Cecelia F. McCoy, CMC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, John R. Clements, do solemnly swear that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a City representative of the Roanoke Regional Airport Commission for a four-year term of office, commencing March 10, 2021, and ending March 9, 2025, according to the best of my ability. So help me God. JOHN . CLEMENTS The foregoing oath of office was taken, s r nd subscribed before me by John R. Clements this 1'7- day of 2021. Brenda S. Hamilton, Clerk of the Circuit Court By Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Suite 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 E-mail: clerk@.roanokeva.gov CECELIA T.WEBB,CHIC CECELIA F.MCCOY,CMC Deputy City Clerk City Clerk December 7, 2021 Angie O'Brien, Secretary Youth Services Citizen Board Roanoke, Virginia Dear Ms. O'Brien: This is to advise you that Remi Davies has qualified as a member (Student/William Fleming High School) of the Youth Services Citizen Board for a term of office ending June 30, 2022. Sincerely, 0 /L a Cecelia F. McCoy, CMC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Remi Davies, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member (Student/William Fleming High School) of the Youth Services Citizen Board for a term of office ending June 30, 2022, according to the best of my ability. (So help me God.) i REMI DAVIES The foregoing oath of office was taken, sworn to, and subscribed before me by Remi Davies this W day of QtZp 2021. Brenda S. Hamilton, Clerk of the Circuit Court By , Clerk c w CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Room 456 � Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 CECELIA F.MCCOY,CMC E-mail: clerk@roanokeva.gov CECELIA T.WEBB,CMC City Clerk Deputy City Clerk December 7, 2021 Sheila Umberger, Secretary Roanoke Public Library Board Roanoke, Virginia Dear Ms. Umberger: This is to advise you that Amy Morgan has qualified as a member of the Roanoke Public Library Board for a three-year term of office ending June 30, 2024. Sincerely, Cecelia F. McCoy, CMC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Amy Morgan, do solemnly swear that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me 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, according to the best of my ability. (So help me God). Y MORGAN The foregoing oath of office was taken, sworn to, and subscribed before me by d Amy Morgan this day of t4bJ&.,be/ 2021. Brenda S. Hamilton, Clerk of the Circuit Court y 2NhaL C'l � , Clerk CITY OF ROANO OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Room 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 E-mail: clerk@roanokeva.gov CECELIA T.WEBB,CMC CECELIA F.MCCOY,CMC Deputy City Clerk City Clerk December 8, 2021 The Honorable Senator John Edwards Senate of Virginia P. O. Box 1179 Roanoke, Virginia 24006-1179 The Honorable Christopher T. Head Virginia House of Delegates P. O. Box 19130 Roanoke, Virginia 24019 The Honorable Sam Rasoul Virginia House of Delegates P. O. Box 13842 Roanoke, Virginia 24037 Gentlemen: I am enclosing a copy of Resolution No. 42210-120621 petitioning the General Assembly to amend the Roanoke Charter of 1952 to reflect a change in election dates and meetings of council generally to reaffirm this request. I have also enclosed a copy of the publisher's affidavit of the public hearing, an excerpt of the City Council minutes showing action taken; and this serves as a request to introduce a bill in the 2022 Session of the General Assembly to amend the Roanoke Charter of 1952. The above referenced measure was adopted by the Council isinfull a Citce o effect Roanoke ati a regular meeting held on Monday, December 6, 2021, a passage. Sincerely, ,��J-- Yya"r Cecelia F. McCoy City Clerk Enclosures c: R. Ronald Jordan, Managing Director, Advantus Strategies, L.L.C., 1011 E. Main Street, Suite 400, Richmond, Virginia 23219 William Bestpitch, Chair, Legislative Committee Timothy Spencer, City Attorney IN THE COUNCIL OF THE CITY OF ROANOKE,VIRGINIA The 6th day of December 2021. No. 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. WHEREAS, pursuant to Virginia Code Section 24.2.222.1(A) City Council adopted an ordinance No. 41625-111819, adopted November 18, 2019, to move the council election date from May to the November general election date of even-numbered years, commencing with the November 2020 general election date; WHEREAS, Virginia Code Section 24.2.222.1(A) allows a city to move the council election date from May to the November general election notwithstanding any contrary provisions of a city charter, the tenants of good government dictate that the City amend its Charter in accordance with Virginia Code Section 15.2-202 in order to reflect the change in the council election date adopted by City Council; WHEREAS, the required public hearing was conducted on December 6, 2021; and WHEREAS, after considering the matter and the comments made during the public hearing, Council desires to request the General Assembly to amend its existing Roanoke Charter of 1952. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Attorney is directed to petition the General Assembly to amend the Roanoke Charter of 1952 as follows to reflect such changes: §4. Composition of council; terms of members; designation of vice- mayor; vacancies. The council as presently composed shall continue and shall consist of seven members, one of which shall be the mayor, all of whom shall be elected at large and shall serve for the respective terms as hereinafter provided. The members of council shall serve for terms of four years, from the first day of JulyJanuar next following the date of their election and until their successors shall have been elected and qualified. The mayor shall serve for a term of four years from the first day of ivAylgauary next following the date of election and until a successor shall have been elected and qualified; provided, however, that on the November, nineteen '' ''"'�'' fit Tuesday following the first Monday in l ayhued $eventy4we two thousand twenty, and on such day each four years thereafter, three council members and a mayor shall be elected for a term of four years, and on the fist-Tuesday following the first Monday in"Na gyember, flifietee Ihiffind-red seyeftty4ow two thousand twenty-I\l o, and each four years thereafter, three council members shall be elected for a term of four years. The member of council receiving the largest number of votes in each regular councilmanic election shall be the vice-mayor of the city, for a term of two years, to commence on the first day of Jay January next following the date of such election and until the vice-mayor's successor shall have been elected and qualified. The council shall be a continuing body, and no measure pending before such body shall abate or be discontinued by reason of the expiration of the term of office or removal of the members of council, or any of them. No person may be a candidate for the office of mayor and for the office of council member in the same election. Vacancies in the council or vacancy in the office of mayor shall be filled within days, and until the day upon which the terms of office of council members elected in the next following regular councilmanic election shall commence, by a majority vote of the remaining members of council, and if as much as two years of any such unexpired term of a member of council or of the mayor remains at the time of such next regular councilmanic election, a council member or a mayor, as the case may be, shall be elected at such election for the remaining portion of such unexpired term. §10. Meetings of council generally. At two o'clock post meridian on the first Monday of July_Januarti next following each regular municipal election, or if such day be a city holiday, then on the day following, the council shall meet at the usual place for holding meetings of the legislative body of the city, at which time the newly elected council members shall assume the duties of their offices. Thereafter the council shall meet at such times as may be prescribed by ordinance or resolution, provided, that it shall hold at least two regular meetings each calendar month, and it shall so order and schedule meetings as to promptly and orderly attend to the business and legislative affairs of the city. The mayor, any member of the council, or the city manager, may call special meetings of the council at any time upon at least twelve hours written notice to the mayor and each member, served personally or left at his usual place of business or residence; or such meeting may be held at any time without notice, on call of the mayor or the city manager provided at least five members of the council attend such meeting. All meetings of the council shall be public, and any citizen may have access to the minutes and records thereof at all reasonable times, except where the public interest may require closed meetings. §16. Time of holding municipal elections. A municipal election shall be held on the first Tuesday following the first Monday in ley November in nineteen hundred "eveaty4w-e two thousand twent , and every second year thereafter which shall be known as the regular election for the election of council members. 2. The City Clerk is directed to provide a publisher's affidavit showing the public hearing was advertised and a certified copy of the governing body's minutes showing the action taken at the advertised public hearing to the members of the City's delegation to the General Assembly, with the request that they introduce a bill in the 2022 Session of the General Assembly to amend the Roanoke Charter of 1952. ATTEST: City Clerk. CITY OF ROANOKE CITY COUNCIL 215 Church Avenue,S.W. Noel C.Taylor Municipal Building,Suite 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 Council Members SHERMAN P.LEA,SR Email: ov clerk roanokeva. Mayor clerk@roanokeva.gov William D.Bestpitch Joseph L.Cobb December 6, 2021 Robert L.Jeffrey,Jr. Stephanie Moon Reynolds Vivian Sanchez-Jones Patricia White-Boyd The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Amendments to Roanoke Charter of 1952 Dear Mayor Lea and Members of Council: Attached for your consideration is a resolution requesting the 2022 Session of the General Assembly to amend various sections of the present Roanoke Charter of 1952 to reflect changes made in election dates and meetings of council generally. As required by §15.2-202, Code of Virginia (1950), as amended, at least ten days' notice and an informative summary of the amendments desired has been published in a newspaper of general circulation in the city advising of the time and place of the public hearing which is on the agenda for your meeting on December 6, 2021. The City's Legislative Committee has reviewed the proposed amendments to the City Charter and it concurred in scheduling this public hearing in order to obtain the views of the citizens of the City as to the proposed amendments. The City's Legislative Committee recommends that Council adopt the attached resolution requesting the proposed amendments to the City Charter. If Council concurs, and adopts the attached resolution, the State Code requires that the City forward the resolution and certain other documents to the City's legislative delegation,with the request that a bill be introduced in the 2022 Session of the General Assembly to amend the Charter as proposed. Respectfully submitted, Af*,-.,3L William Bestpitch, Chair Legislative Committee LSC/1 Attachments c: Robert S. Cowell, Jr., City Manager Amelia Merchant, Director of Finance Andrew Harmon, City Auditor Timothy Spencer, City Attorney Cecelia F. McCoy, City Clerk R. Ronald Jordan, Legislative Liaison The Roanoke Times Account Number Roanoke,Virginia 6007788 Affidavit of Publication Date November 26,2021 CECELIA F MCCOY,CITY CLERK C/O: CELELIA F MCCOY 215 CHURCH AVENUE,S SUITE 456 ROANOKE,VA 24011 Date Category Description Ad Size Total Cost 12/05/2021 Legal Notices NOTICE OF PUBLIC HEARING COUNCIL OF THE CITY OF R 1 x 83 L 448.48 Publisher of the Roanoke Times F7Roanoke ersigned)an authorized representative of the imes,a daily newspaper published in Roanoke,in the rginia,do certify that the annexed notice NOTICE OF ARING was published in said newspapers on the following dates: 11/26/2021 The First insertion being given ... 11/26/2021 Newspaper reference: 0001281316 A,6,C,A 4' � Billing Representative Sworn to and subscribed before me this 26th Day of November 2021 Notary Public Linh Thuy Le Notary Public State of Virginia Commonwealth of Virginia Reg. No. 7953581 County of Hanover My Comm. Expires Nov. 30, 2025 My Commission expires THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU NOTICE OF PUBLIC HEARING COUNCIL OF THE CITY OF ROANOKE,VIRGINIA NOTICE IS HEREBY GIVEN that the Council of the City of Roanoke, pursuant to Section 152-202,Code of Virginia(1950),as amended,will hold a public hearing on Monday,December 6, 2021,at 2:00 p.m.,or as soon thereafter as the matter may be heard, in the Council Chamber,4th Floor,Room 450, Noel C.Taylor Municipal Building,215 Church Avenue, S.W., Roanoke, Virginia,at which time citizens of the City of Roanoke shall have an opportunity to be heard to determine if such citizens desire Council to request the General Assembly of Virginia to make certain amendments to the Roanoke Charter of 1952, to acknowledge that the council election date has been moved from May to the November general election date of even-numbered years beginning with the general election in 2020. In accordance with Virginia Code Section 24.2.222.1(A), City Council elected to move the council election date from May to the November general election notwithstanding any contrary provisions of a city charter. The tenants of good government dictate that the City amend its Charter in accordance with Virginia Code Section 15.2-202 in order to reflect the change previously taken by City Council to move the council election date from May to the November general election of even numbered years. Subsequently amending meetings of council generally and time of holding municipal elections. This public hearing may be conducted by electronic communication means due to the COVID-19 pandemic disaster. All persons wishing to address City Council must sign-up with the City Clerk's Office by emailing clerk@roanokeva.gov or calling(540) 853-2541 by 12:00 noon,on December 6, 2021. The full text Thefull text of the proposed amendments to the Charter are on file in the Office of the City Clerk, 4th Floor, Room 456, Noel C. Taylor Municipal Building,215 Church Avenue,S.W.,Roanoke,Virginia,24011. For further information on the matter, you may contact the City Clerk's Office at(540)853-2541. If you are a person with a disability who needs accommodations for this hearing,please contact the City Clerk's Office at (540) 853-2541, before 12:00 noon on Thursday,December 2,2021. Given under my hand this 26th day of November,2021. Cecelia F.McCoy,City Clerk. (1281316) �5 NOTICE OF PUBLIC HEARING COUNCIL OF THE CITY OF ROANOKE,VIRGINIA NOTICE IS HEREBY GIVEN that the Council of the City of Roanoke, pursuant to Section 15.2- 202, Code of Virginia (1950), as amended, will hold a public hearing on Monday, December 6, 2021, at 2:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, 4th Floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, at which time citizens of the City of Roanoke shall have an opportunity to be heard to determine if such citizens desire Council to request the General Assembly of Virginia to make certain amendments to the Roanoke Charter of 1952,to acknowledge that the council election date has been moved from May to the November general election date of even-numbered years beginning with the general election in 2020. In accordance with Virginia Code Section 24.2.222.1(A), City Council elected to move the council election date from May to the November general election notwithstanding any contrary provisions of a city charter. The tenants of good government dictate that the City amend its Charter in accordance with Virginia Code Section 15.2- 202 in order to reflect the change previously taken by City Council to move the council election date from May to the November general election of even numbered years. Subsequently amending meetings of council generally and time of holding municipal elections. This public hearing may be conducted by electronic communication means due to the COVID-19 pandemic disaster. All persons wishing to address City Council must sign-up with the City Clerk's Office by emailing clerk@roanokeva.gov or calling (540) 853-2541 by 12:00 noon, on December 6, 2021. The full text of the proposed amendments to the Charter are on file in the Office of the City Clerk, 4th Floor, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011. For further information on the matter, you may contact the City Clerk's Office at(540)853-2541. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office at(540) 853-2541, before 12:00 noon on Thursday, December 2, 2021. Given under my hand this2 6 th day of November, 2021. Cecelia F. McCoy, City Clerk. Note to Publisher: Please publish in full once in the Legal Section of the Roanoke Times, on Friday, November 26, 2021. Please send bill and affidavit of publication to: Cecelia F. McCoy, City Clerk. 4th Floor,Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 456 Roanoke, Virginia, 24011 IN THE COUNCIL OF THE CITY OF ROANOKE,VIRGINIA The 6`t' day of December 2021. No. 42211-120621. A RESOLUTION authorizing the acceptance of the FY 2021 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. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the Grant from the United States Department of Justice pursuant to the FY 2021 Bulletproof Vest Partnership Grant Program,in the total amount of $28,887.60, with $23,442.60 to the Police Department, and $5,445.00 to the Roanoke City Sheriff's Office. A local match of 50% of bullet resistant vest costs is required for this grant; such grant being more particularly described in the City Council Agenda Report dated December 6,2021. 2. The City Manager or his designee is hereby authorized to execute and file,on behalf of the City, any documents setting forth the conditions of the grant in a form approved by the City Attorney. 3. The City Manager or his designee is further directed to furnish such additional information as may be required by the United States Department of Justice in connection with acceptance of the foregoing Grant. ATTEST: J. 617 City Clerk. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6t" day of December 2021. No. 42212-120621. 1 ' AN ORDINANCE to appropriate funding from the Federal government, Department of Justice, for the Bulletproof Vest Partnership Grant, amending and reordaining certain sections of the 2021-2022 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2021-2022 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Bullet Proof Vest - Sheriff 35-640-3824-2322 $ 5,445 Bullet Proof Vest - Police 35-640-3824-2323 23,442.6 Revenues Bulletproof Vest FY22 — Sheriff 35-640-3824-3824 5,445 Bulletproof Vest FY22 — Police 35-640-3824-3824 23,442.6 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. © CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: December 6, 2021 Subject: FY 2021 Bulletproof Vest Partnership Grant Award Background: The United States Department of justice is the administering agency for the Bulletproof Vest Partnership (BVP). The BVP reimburses 50% of the cost of new bullet resistant vests purchased by law enforcement agencies. The City of Roanoke Police Department (Police Department) and Sheriff Office has been awarded a combined amount of $28,887.60 in FY 2021 funding (Federal Fiscal Year Ending September 30, 2022). The Police Department was awarded $23,442.60 to purchase 60 concealable primary use bullet resistant vests. The Sheriff's Office was awarded $5,445 to purchase 18 concealable primary use bullet resistant vests. The required in-kind match of 50% of bullet resistant vest cost will be satisfied through each department's budget. Recommended Action: Accept the FY 2021 Bulletproof Vest Partnership Grant Award described above and authorize the City Manager to execute the grant agreement and any related documents; all such documents to be approved as to form by the City Attorney. Adopt the accompanying budget ordinance to appropriate funding and establish a revenue estimate for the Police Department in the amount of $23,442.60 and the Sheriff's Office in the amount of $5,445, into accounts to be established by the Director of Finance in the Grant Fund. --------------------------- Robert S. Cowell, jr. City Manager Distribution: Council Appointed Officers The Honorable David Bell, Roanoke City Sheriff Clarence G. Grier, Deputy City Manager Amelia C. Merchant, Director of Finance Sam Roman, Chief of Police APPLICA71ON DETAILS Unit Extended Tax Shipping and Total Cost NlJ# Quantity Price Cost Handling AXIIIA 60 S78142 S46885.20 $000 $46.885.20 XPIIIA-1 18 S60500 510,890.00 $000 510.890.00 Grand 78 $57.775.20 $0.00 $57,775.20 Totals AWARD SUMMARY FOR FY2021 REGULAR FUND Funds Eligible Date Award Status Type Amount Approved Award is pending due to unmatched Regular 557.775.20 518.887.60 Not DUNS behveen S'A'P and SAtil. Please Fund Approved verify your DUNS and snake it matched between the Nvo systems Grand S57775.20 518.8.87 60 Totals: { IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6'day of December 2021. No. 42213-120621. A RESOLUTION authorizing the acceptance of the State Homeland Security FY 2021 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. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the State Homeland Security FY 2021 Program Grant established by the Virginia Department of Emergency Management made to the City of Roanoke by the U.S.Department of Homeland Security,in the total amount of$49,200. No local match is required for this grant; such grant being more particularly described in the City Council Agenda Report dated December 6, 2021. 2. The City Manager or his designee is hereby authorized to execute and file,on behalf of the City, any documents setting forth the conditions of the grant in a form approved by the City Attorney. 3. The City Manager or his designee is further directed to furnish such additional information as may be required by the U.S. Department of Homeland Security or the Virginia Department of Emergency Management in connection with acceptance of the foregoing Grant. ATTEST: City Clerk. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6 t day of December 2021. No. 42214-120621. AN ORDINANCE to appropriate funding from the Department of Homeland Security thru 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. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2021-2022 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Expendable Equipment 35-640-3691-2035 $ 49,200 Revenues State Homeland Security Grant FY21 35-640-3691-3530 49,200 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. � o CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: December 6, 2021 Subject: State Homeland Security FY21 Grant Award Background: The Virginia Department of Emergency Management (VDEM) is the distributing agency for State Homeland Security Program (SHSP) grant funding from the U. S. Department of Homeland Security (DHS) Federal Emergency Management Agency (FEMA). The purpose of the SHSP is to award grants to states to assist state and local governments in support of the implementation of Homeland Security Strategies to address the identified planning, organization, equipment, training, and exercise needs to prevent, protect against, mitigate, respond to, and recover from acts of terrorism and other catastrophic events. On November 9, 2021 , VDEM awarded the City of Roanoke $49,200 through its FY 2021 SHSP grant program. The SHSP grant funding will allow the Roanoke Police Department to purchase the Axon Air drone system and required software licenses. The equipment will better enhance the safety of officers and citizens, enhance information and intelligence gathering, and help combat domestic terrorism. There is no local funding match required for this grant. Recommended Action: Accept the State Homeland Security FY21 Grant described above and authorize the City Manager to execute the grant agreement and any related documents; all such documents to be approved as to form by the City Attorney. Adopt the accompanying budget ordinance to establish a revenue estimate in the amount of $49,200 and appropriate funding of the same amount into an account to be esta a Director of Finance in the Grant Fund. --------------------------- Robert S. Cowell, Jr. City Manager Distribution: Council Appointed Officers Clarence G. Grier, Deputy City Manager for Operations Amelia C. Merchant, Director of Finance Samuel Roman, Jr., Chief of Police [EXTERNAL]Award Amount Allocated VirgtniaDEM Jamey Bowdel 11;09.+'2021 12:55 PIVI 'VirginiaDEM"<supportgmad 179 9 suw4l mandrdtapp.corn., Hide Detail "birginiaDEM'-,,supp�odem-emgrants.com> 'Jamey Bewdel'ciamey.bowdeIC-rGanokea.gav> "VirginiaDEM*<supportC-maill7g-9.suw4l.mandrillapp.com> Please respond to—4-orginiaDIEW<aupportCbWern-emgrants-com>_ ------------------------------------ To ensure pri-vacy,images from remote sites were prevented from downloading. Shan,Image This message has been forwarded. CAUTION:This email originated from outside your organization.Exercise caution when opening attachments or on clicking links from unknown senders. Dear Jamey Bowdel, The Virginia Department of Emergency Management(V DEM)is pleased to announce the allocation of a FY2021 State Homeland Security Grant Program (SHSP)977067 from the U.S-Department of Homeland Security(DHS)Federal Emergency Management Agency(FLNIA).Appropriation authority for this program is The Department of Homeland Security Appropriations Act,2021(Public Law 116-260) Your locality(Roanoke,CiLy of)has been allocated finding for: Program:State Homeland Security Grant Program(SHSP) Proposal Tide:Enhancing Protection via Axon Air Drone Federal Grant Allocation:5-49.200-00 Subrecipient-'s Required Cost Share,Match Amount:N A Total Grant Award S49,200-00 Obligation Period:Oct 1.2021 to Jul 31,2023 This letter serves as notification ofyour allocation and is not an authorization to incur expenditures.Funds will beformalty awarded to your locality through a Grant Agreement issued by VDFM upon its satisfactory review of your application package submission and approval of a budget application in VDEU's now Grants Management System Odem enigrants.com). You must initiate these steps,described under Accessing Your Allocation,-Aidiin 30 days from the date of this notification- r, IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6"'day of December 2021. No. 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. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the American Rescue Plan Act Grant established by the National Endowment for the Arts made to the City of Roanoke,in the total amount of$150,000,no local match is required for this grant; such grant being more particularly described in the City Council Agenda Report dated December 6, 2021. 2. The City Manager or his designee is hereby authorized to execute and file,on behalf of the City, any documents setting forth the conditions of the grant in a form approved by the City Attorney. 3. The City Manager or his designee is further directed to furnish such additional information as may be required by the National Endowment for the Arts in connection with acceptance of the foregoing Grant. ATTEST: A — City Clerk. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA / The 6th day of December 2021. 1 ti '1 No. 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. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2021-2022 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Artist Stipends 35-310-8341-3101 $ 125,000 Working Artist Coach Stipends 35-310-8341-3102 20,000 Marketing 35-310-8341-8053 3,000 Documentation 35-310-8341-3103 2,000 Revenues NEA Grants for Arts Project Grant FY22 - 35-310-8341-8347 150,000 Federal Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: V?u - City Clerk. CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: December 6, 2021 Subject: Acceptance of a National Endowment for the Arts (NEA) American Rescue Plan (ARP) Award Background: During the COVID-19 Pandemic, independent artists and performers who operate on a project, or "gig" basis lost work. Many struggled without access to their community of colleagues, students, patrons, and audiences. A number approached the City and its nonprofit partners with arts-based ideas that could support the community and advance community goals during a difficult time. Concurrently, the City established new goals around community health and equity in City Plan 2040. As part of that strategy, the RAC has applied for, and been awarded, American Rescue Plan Act (ARPA) funding from the National Endowment for the Arts for "Art Matters" recovery grants for artists. Considerations: The funding recommendation for the project totals $150,000. The NEA grant will support the full amount of the project. The funds for this project will be used to contract with artists to develop and publicly show or perform work that advances community wellness, justice and inclusion. The work must be shown or performed publicly and then become the property of the artist unless they choose to donate or permanently install the work in a public or private space. In conjunction with the NEA- and City-funded Community Artists in Residence program, these resources will emphasize the power of individuals and the arts in effecting change in our community. The network of artists will be trained in community development techniques and strategies for working with the community. The expense breakdown is as follows: Artist Stipends: $125,000 Working Artist Coach Stipends $20,000 Marketing $3,000 Documentation $2,000 $150,000 Recommended Action: Accept the NEA Grants for Arts Projects award #1895973-66 in the amount of $150,000. Authorize the City Manager to execute any forms required by the NEA in order to accept these funds, such as documents to be approved by the City Attorney. Authorize the City Manager to provide any additional information, execute such other documents, and to take any necessary actions to obtain, accept, receive, implement, use, and administer the above Grant. Adopt the accompanying budget ordinance to establish revenue estimates for $150,000 in Federal grant funds and appropriate funding totaling $150,000 in accounts to be established in the Grant Fund by the Director of Finance. The component of this grant to be funded using existing staff, office space and similar items will remain in the departmental account in which it currently resides. --------------------------- Robert S. Cowell, jr. City Manager Distribution: Council Appointed Officers Amelia C. Merchant, Director of Finance Douglas Jackson, Arts and Culture Coordinator 2 IN THE COUNCIL OF THE CITY OF ROANOKE,VIRGINIA The 6th day of December 2021. No. 42217-120621. A RESOLUTION authorizing the acceptance of the Grants for Arts Projects 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. BE IT RESOLVED by the Council of the City of Roanoke as follows: I. The City of Roanoke does hereby accept the Grants for Arts Projects established by the National Endowment for the Arts made to the City of Roanoke,in the total amount of$25,000,a local match in the amount of$35,000 is required for this grant; such grant being more particularly described in the City Council Agenda Report dated December 6, 2021. 2. The City Manager or his designee is hereby authorized to execute and file,on behalf of the City, any documents setting forth the conditions of the grant in a form approved by the City Attorney. 3. The City Manager or his designee is further directed to furnish such additional information as may be required by the National Endowment for the Arts in connection with acceptance of the foregoing Grant. ATTEST: 6e� "�- wuldAl�� City Clerk. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA fff The 6th day of December 2021. No. 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. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2021-2022 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Fees for Professional Services 35-310-8339-2010 $ 42,000 Project Supplies 35-310-8339-3005 18,000 Revenues NEA Grants for Arts Project Grant FY22 - 35-310-8339-8339 25,000 Federal NEA Grants for Arts Project Grant FY22 - 35-310-8339-8346 35,000 Local Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. — 71 Off' CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: December 6, 2021 Subject: Acceptance of a National Endowment for the Arts (NEA) Grants for Arts Projects (GAP) Award Background: In December 2020, City Council approved City Plan 2040. As a bridge step toward the next arts and cultural planning process, the Roanoke Arts Commission (RAC) is aligning funding around the broad themes of the comprehensive plan. As part of that strategy, the RAC has applied for, and been awarded, funds to enlist artists as "Community Artists in Residence" charged with creating projects that further engage residents and community partners in the goals of City Plan 2040. Considerations: The funding recommendation by n thef amor the ount of $251000 IThe gtotals rant requires a . The NEA grant will support the project one-to-one match, and was partially funded. Matching funds in the amount of $35,000 will come from the City matching fund and will fully complete funding for the project. This includes the required $25,000 match and an additional $10,000 in voluntary match. The funds for this project will be used to hire artists to engage with City staff, stakeholders, and residents in developing and implementing projects that connect the community with goals, strategies, and action steps that will contribute toward making the 2040 vision a reality. The expense breakdown is as follows: Artist Salaries and Wages: $42,000 Project Funds $18,000 $60,000 Recommended Action: Accept the NEA Grants for Arts Projects award #1887316-62 in the amount of $25,000. Authorize the City Manager to execute any forms required by the NEA in order to accept these funds, such documents to be approved by the City Attorney. Authorize the City Manager to provide any additional information, execute such other documents, and to take any necessary actions to obtain, accept, receive, implement, use, and administer the above Grant. Adopt the accompanying budget ordinance to establish revenue estimates for $25,000 in Federal grant funds and $35,000 from the City matching account # 35-300-9700-5415 and appropriate funding totaling $60,000 in accounts to be established in the Grant Fund by the Director of Finance. The component of this grant to be funded using existing staff, office space and similar items will remain in the departmental account in which it currently resides. FP------------ Robert S. Cowell, Jr. City Manager Distribution: Council Appointed Officers Amelia Merchant, Director of Finance Douglas Jackson, Arts and Culture Coordinator 2 r � 3 ry JJ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th day of December 2021. No. 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. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the 2022 Virginia Statewide Business District Resurgence Grant established by the National League of Cities made to the City of Roanoke, in the total amount of$50,000. A 5:1 local match is required for this grant and will be provided as a portion of the salary of the project leader; such grant being more particularly described in the City Council Agenda Report dated December 6, 2021. 2. The City Manager or his designee is hereby authorized to execute and file,on behalf of the City, any documents setting forth the conditions of the grant in a form approved by the City Attorney. 3. The City Manager or his designee is further directed to furnish such additional information as may be required by the National League of Cities in connection with acceptance of the foregoing Grant. ATTEST: �.� �-1 ins &v— City Clerk. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th day of December 2021. No. 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. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2021-2022 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Salaries 35-310-2146-1002 $ 10,000 Fees for Professional Services 35-310-2146-2010 40,000 Revenues National League of Cities —Virginia DHCD 35-310-2146-2146 50,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. CITY COUNCIL C AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: , December 6, 2021 Subject: Acceptance of a National League of Cities Grant Award Background: "The Virginia Statewide Business District Resurgence Grant fund seeks to advance and accelerate the post-pandemic recovery of Virginia's business and commercial districts. Specifically, these funds will support historically economically disadvantaged communities and other business districts that have been disproportionately impacted by the pandemic. Through expanding organizational and business support grants, funding is envisioned to provide a more inclusive framework for community-driven, comprehensive revitalization and vitality." (Virginia DHCD) The City of Roanoke has been awarded a grant provided by the Commonwealth of Virginia designed to support business development and economic recovery in a business district located in the Gainsboro Neighborhood. Gainsboro is noted for its development between 1900 and 1920 when Henry Street became the cultural and commercial center of the African American community. The Neighborhood was later impacted by urban renewal and has not fully recovered. Considerations: City Council action is needed to accept the 2022 Virginia Statewide Business District Resurgence Grant in the amount of $50,000. The grant will fund a needs assessment for merchants in the Gainsboro commercial district. The results of the assessment will inform program design for grant and technical assistance in the historically underserved neighborhood commercial district. The grant and technical assistance will be designed to assess small and minority business owners and present a plan to operate thriving businesses in the Gainsboro commercial district. The required 5:1 grant match ($10,000) will be provided in the form of a portion of the salary of the project lead. Recommended Action: Accept the grant as described. Adopt the accompanying budget ordinance to establish a revenue estimate in the Grant fund of $50,000 from the NLC YEF Institute. -------- --- ---------- Robert S. Cowell, Jr. City Manager Attachment Distribution: Council Appointed Officers W. Brent Robertson, Assistant City Manager for Community Development Amelia C. Merchant, Director of Finance Marc Nelson, Economic Development Director 2 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th day of December 2021. No. 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. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the Grant from the U.S. Small Business Administration's Office of Disaster Assistance, in the total amount of$2,017,884.88. No local match is required for this Grant; such Grant being more particularly described in the City Council Agenda Report dated December 6, 2021. 2. The City Manager or his designee is hereby authorized to execute and file,on behalf of the City, any documents required to accept the Grant in a form approved by the City Attorney. 3. The City Manager or his designee is further directed to furnish such additional information as may be required by the U.S. Small Business Administration's Office of Disaster Assistance in connection with acceptance of the foregoing Grant. ATTEST: City Clerk. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th day of December 2021. No. 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. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2021-2022 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Personal Services 05-550-8673-1170 $ 746,304 Administrative Supplies 05-550-8673-2030 165,845 Contractual Services 05-550-8673-8357 126,455 Program Activities 05-550-8673-2066 979,280 Revenues Shuttered Venue Operators Grant (SVOG) 05-550-8673-8673 2,017,884 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. o$ CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: December 6, 2021 Subject: Shuttered Venues Operators Grant (SVOG) Background: The Shuttered Venue Operators Grant (SVOG) program was established by the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act, and amended by the American Rescue Plan Act. The program includes over $16 billion in grants to shuttered venues, to be administered by Small Business Administration (SBA) Office of Disaster Assistance. The grant is intended to provide support to live venue operators, promoters, and theatrical producers, live performing arts organization operators, museum operators and talent representatives in response to the impacts of COVID-19. In April of 2021 , Berglund Center staff applied for the SVOG. The City of Roanoke/Berglund Center was awarded $1 ,216,72 7.5 5 on August 4, 2021 . The Berglund Center subsequently applied for a supplemental grant amount from the SBA. In addition to the original award amount, on September 30, 2021 the Berglund Center was awarded an additional $2,819,042.20. The funds were received on October 6, 2021 . On November 7, 2021 , Berglund Center was eligible for an additional supplemental award of $2,017,884.88. The funds were received on November 15, 2021 . The total grant award is $6,053,654.63. The deadline for the project or performance period was amended to use for expenses through June 30, 2022. Guidelines for expenditures are strict and are intended to enhance venues and provide support for reopening. Recommendations for use of funds did not change from the original award that was received. Considerations: City Council action is required for the acceptance and appropriation of Shuttered Venue Operators Grant funds. Recommended Action: Accept the Shuttered Venue Operators Grant (SVOG) program from the SBA's Office of Disaster Assistance as described above and adopt the accompanying budget ordinance to authorize the Director of Finance to establish a revenue estimate and appropriate funds for $2,017,884.88 into expenditure accounts in the Berglund Center Fund. ----- ------------------- Rober S. Cowell, Jr. City Manager Distribution: Council Appointed Officers Clarence G. Grier, Deputy City Manager W. Brent Robertson, Assistant City Manager for Community Development Amelia C. Merchant, Director of Finance Robyn Schon, Director of Civic Facilities 2 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th day of December 2021. No. 42223-120621. AN ORDINANCE to appropriate funding 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. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2021-2022 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Grant Fund Appropriations Salaries 35-310-8332-1002 $8458 City Retirement 35-310-8332-1105 1442 401 H Savings 35-310-8332-1117 92 FICA 35-310-8332-1120 647 Medical Insurance 35-310-8332-1125 680 Dental Insurance 35-310-8332-1126 79 Life Insurance 35-310-8332-1130 111 Administrative Supplies 35-310-8332-2030 397 Marketing & Promotion 35-310-8332-2018 3969 Revenues Bank on Roanoke Program-UWRV 35-310-8332-8345 15,875 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: CtU.�' J-- City Clerk. F CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: December 6, 2021 Subject: Budget Ordinance for the FY 2021-2022 United Way funding for the Bank On Roanoke Valley Program Background: On February 18, 2020, Council passed Resolution No. 41668-021820 which authorized the City Manager to enter into a Memorandum of Understanding ("MOU") with the United Way of Roanoke Valley ("UWRV") for program management and funding of the Bank On Roanoke Valley ("BORV") program. Pursuant to the above listed Resolution and MOU, $15,875 UWRV funding is being given to the City to pay for funding of BORV for 2021 -2022. Considerations: City Council action is needed to accept funding in the amount of $15,875 from UWRV. This funding will fund BORV activities. Recommended Action: Adopt the accompanying budget ordinance to establish a revenue estimate in the amount of $15,875 and appropriate $15,875 into accounts established in the Grant Fund by the Director of Finance. ------- ------------------- Robert S. Cowell, Jr. City Manager Attachment Distribution: Council Appointed Officers W. Brent Robertson, Assistant City Manager for Community Development Marc Nelson, Director of Economic Development Amelia C. Merchant, Director of Finance Brandon Meginley, Financial Stability Specialist I IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA 1� The 6th day of December 2021. No. 42224-120621. AN ORDINANCE amending and reordaining Section 14.1-3, Litterin , 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. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 14.1-3, Litterin , Chapter 14.1, Solid Waste Management, Code of the City of Roanoke (1979) as amended, is amended to read and provide as follows: Sec. 14.1-3.—Unlawful dumping and Ulittering. (a) The dumping, casting, leaving or otherwise disposing of solid waste other unsightly matter on a public highway, street or right-of-way, park, drainage ditch cull vert pipe storm drain or other public property,including but not limited to any surface waters and adjacent banks or shorelines within the city, or on private property, without the written consent of the owner thereof, is prohibited. (b) When any person is arrested for a violation of this section, and the solid waste alleged to have been dumped, cast, left or otherwise disposed of on a public highway, street or right-of- way, park, drainage ditch culvertpipe storm drain, or other public property, including but not I limited to any surface waters and adjacent banks or shorelines within the city, or on private property without the written consent of the owner thereof,has been effected from a motor vehicle, the arresting officer may comply with the provisions of section 20-2 of this Code in making such arrest. (c) When a violation of the provisions of this section has been observed by any person, and the solid waste alleged to have been dumped, cast, left or otherwise disposed of on a public highway, street or right-of-way, park or other public property, or on private property without the written consent of the owner thereof, has been ejected from a motor vehicle, the owneror o operator of such motor vehicle shall be presumed to be the person ejecting solid waste;provided, however, that such presumption shall be rebuttable by competent evidence. (d) Any person convicted of a violation of this section shall be guilty of a Class 1 misdemeanor. (e) Upon conviction of any person for a violation of this section, the court may suspend the imposition of any sentence on condition that the defendant volunteer his services for such period of time as the court may designate to remove litter from any public highway, street or right-of- way or other public property including but not limited to land adjacent to streams and open drainage ditches of the city's storm drain system. 2. The ordinance shall be effective immediately upon its adoption. 3. Pursuant to Section 12 of the Charter of the City, the second reading of this ordinance by title is hereby dispensed with. ATTEST: I.A. City Clerk. IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA The 6th day of December 2021. No. 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. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Chapter 11.3, Stormwater Discharge Requirements, Code of the City of Roanoke (1979) as amended, is amended to read and provide as follows: Sec. 11.3-1. - In general. The City of Roanoke finds that the tteischarge or placement of pollutants, debris, and/or wastes into the city's storm sewer drain system has an adverse impact on the water quality of the receiving waters. Illicit discharges and placement of substances other than stormwater could result in a significant source of pollutants to the city's storm sewer-drain system and receiving waters Similarly, obstruction of drainage ways with debris and other materials can impede the flow of stormwater runoff and can cause damage to the storm drain system, adjacent property, and receiving streams. Amendments to the Federal Water Pollution Control Act, commonly known as the Clean Water Act, established the National Pollutant Discharge Elimination System(NPDES)Program,which requires permits for discharges from municipal storm sewerdrain systems into the waters of the United States. The United States Environmental Protection Agency (EPA) has promulgated regulations implementing the NPDES program. Moreover, the EPA has authorized the Commonwealth of Virginia to issue NPDES permits under the Virginia Pollutant Discharge and Elimination System(VPDES)permit system. The VPDES regulations for stormwater discharges require certain municipalities, including the City of Roanoke, to control the contribution of pollutants to its storm sewerdrain system, to prohibit illicit discharges to its storm sewerdrain system, and to inspect, monitor, and enforce the prohibitions of illicit discharges to its storm sewer-drain system. Sec. 11.3-2. - Intent and purpose. The intent and purpose of this chapter is to promote the public health, safety, and welfare of persons in the city through the regulation of stormwater discharges to the city's storm sewerdrain system and to prohibit the illicit discharge of nonstormwater to the city's storm sewer-drain system, subject to certain exceptions. This chapter is also intended to prohibit illicit connections and illicit discharges to the city's storm sewerdrain system, and to establish inspections and monitoring procedures to ensure compliance with this chapter. Sec. 11.3-3. - Definitions. The following words and terms as used in this chapter shall have the following meanings, unless the context clearly indicates otherwise: Best Management Practices (BMPs) means the schedules of activities,prohibitions of practices, maintenance procedures and other management practices to prevent or reduce pollutants from entering the storm sewer-drain system or being improperly discharged from the storm sewer-drain system. BMPs include, but are not limited to, treatment methods and practices to control the discharge of pollutants. Clean Water Act (CWA) means the Federal Clean Water Act (33 USC § 1251 et seq.), formerly referred to as the Federal Water Pollution Control Act. Director means the City of Roanoke Director of Public Works or his/her designee. Discharge means to dispose, deposit, spill, pour, inject, dump, pump, leak, or place by any means, or that which is disposed, deposited, spilled, poured, injected, dumped, pumped, leaked, or placed by any means. Illicit connection means any connections to the city's storm sewer-drain system which are not authorized by the city, by a valid NPDES or VPDES permit, or as may otherwise be authorized by law. Illicit discharge means any discharge to the storm sewer-drain system or to the waters of the United States that is not composed entirely of stormwater, except discharges which are exempt pursuant to section 11.3-45(b) of this chapter. Any discharge in violation of an NPDES or VPDES or other stormwater discharge permit shall constitute an illicit discharge. Industrial wastes means any liquid or wastes resulting from any process of industry, manufacture, trade or business, or from the development of any natural resource. Inspection shall mean and include, but is not limited to, any on-site physical examination of all facilities and grounds which may discharge to a storm sewer-drain system, a review of all records on the operation and maintenance of facilities and the results of any monitoring performed for compliance with state, federal, and local regulations or permit requirements. Landscaping chemicals means chemicals for maintaining lawns and landscapes including fertilizers, lime, and pesticides which include herbicides,insecticides and fungicides, when used in accordance with the manufacturer's recommendations. National Pollutant Discharge Elimination System (NPDES) means the federal program for issuing, modifying, revoking, reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements under the CWA. Other wastes means wastes that can adversely affect waters of the United States when discharged into those waters, including, but not limited to, sewage, garbage, refuse, lime, fertilizer, ashes, offal, tar, paint, solvents, petroleum products, antifreeze, pesticides, and chemicals. Person means any individual, firm, organization, partnership, association, organization or other entity, including governmental entities, or any combination thereof, or any agent or employee of any such entity. Sanitary sewer means a system of pipes, conduits, or other devices that collect and/or convey sanitary wastewater to a wastewater treatment or pumping facility. Storm sewe system means all facilities, conveyances, structures, and other items located within the City of Roanoke and owned and/or operated by the city which are designed or used for collecting, storing, treating, or conveying stormwater or through which stormwater is collected, stored, treated, or conveyed, including, but not limited to, roads, streets, catch basins, drop inlets, curbs, gutters, ditches, pipes, lakes, ponds, man-made channels, storm drains, outfalls, retention, detention and infiltration basins and other facilities. Stormwater means precipitation that is discharged across the land surface or through conveyances to one or more waterways and that may include stormwater runoff, snow melt runoff, and surface runoff and drainage. Virginia Pollutant Discharge Elimination System (VPDES) means the program issued by the Commonwealth of Virginia for imposing and enforcing pretreatment requirements pursuant to the CWA. Sec.11.3-4.—Pollution of streams. (a) It shall be unlawful for any person to discharge directly or indirectly, into any stream flowing within the city any sewage industrial waste noxious or deleterious substance, litter, natural or unnatural debris or other wastes which is detrimental to the public health or to animal or aquatic life or to the users of the waters of any such stream for domestic or industrial consumption or for recreation or to deposit any of such substances on or sufficiently near the banks of any such stream in a manner that will allow any portion of such substances subsequently to seep or be washed in to any such stream. (b) This section shall not be applicable to any person discharging sewage,industrial wastes and other wastes into or adjacent to state waters within the city pursuant to, and in accordance with the provisions of a valid certificate issued by the state water control board. See. 11.3-45. - Prohibited discharges or connections to the storm sewer-drain system. (a) It shall be unlawful and a violation of this chapter to do any of the following, except as may be provided in subsection (b) below: (1) Cause or allow any illicit discharges, including but not limited to the discharge of sewage, industrial wastes or other wastes, into the storm sedrain system, or any component thereof, or onto driveways, sidewalks, parking lots, or any other areas draining to the storm sewerdrain system. (2) Connect, or cause or allow to be connected, any sanitary sewer to the storm sewer-drain system, including any unauthorized sanitary sewer connected to the storm sewer-drain system as of the date of the adoption of this chapter. (3) Connect, or cause or allow to be connected, to the storm sewer-drain system, without a valid VPDES or NPDES permit, or unless otherwise authorized by law, any structure that conveys any liquid or items other than stormwater or those discharges listed in subsection(b)below. Such illicit connections include,but are not limited to, pipes, drains, sanitary sewer-drain lines, washing machine drains, or floor drains. (4) Discharge any materials or items other than stormwater to the storm sewer-drain system by spill, dumping, or disposal of any type without a valid federal and/or state permit or unless otherwise authorized by law. (5) Throw, place, or deposit or cause to be thrown, placed, or deposited in the storm sewer-drain system anything that impedes or interferes with the free flow of stormwater therein. (6) Failure by any property owner to notify the City of Roanoke Director of Public Works of an illicit connection on or from such owner's property to the city's storm Iseuefdrain system. (7) Violate any condition or provision of this chapter or any permit granted for stormwater discharges. (8) To enter or swim in any stormwater retention pond, storm sewer or drain, except that this shall not apply to any city personnel or others authorized to perform work in such areas. (b) Subject to the provisions of subsection (c), the following activities shall not be unlawful or a violation of this chapter: (1) Water line flushing; (2) Landscape irrigation; (3) Diverted stream flows or rising groundwater; (4) Infiltration of uncontaminated groundwater; (5) Pumping of uncontaminated groundwater; (6) Discharges from potable water sources, foundation drains, irrigation water, springs, water from crawl spaces or footing drains; (7) Air conditioning condensation; (8) Lawn watering and maintenance with landscaping chemicals in accordance with the manufacturer's recommendations; (9) Residential car washing; (10) Dechlorinated swimming pool discharge; (11) Street, right-of-way, and storm system construction/maintenance activities employing BMPs. (12) Discharges or flows from emergency firefighting activities and emergency response activities employing BMPs; or (13) Any activity authorized by a valid Virginia Stormwater Management Program permit (VSMP), a valid VPDES or NPDES permit or a valid Virginia Pollution Abatement (VPA) permit, or as may otherwise be permitted by law. (c) In the event any of the activities listed in subsection (b) above are found to cause pollutants to be discharged into the storm sedrain system, the director shall so notify the person performing such activities, and shall order that such activities cease or be conducted in such a manner as to avoid the discharge of pollutants into the storm sewerdrain system. The failure to comply with any such order shall constitute a violation of the provisions of this chapter. Sec. 11.3-56. - Inspections and monitoring. (a) The director shall have the authority to carry out all inspections and monitoring procedures necessary to determine compliance and/or noncompliance with this chapter, and to enforce this chapter, including the prohibition of illicit discharges to the storm sewerdrain system. The director may monitor stormwater outfalls or other components of the storm sedrain system as may be appropriate in the administration and enforcement of this chapter. (b) The director shall have the authority to require a stormwater pollution prevention plan from any person whose discharges cause or may cause a violation of the city's (VSMP) permit or any other permit required of the city relating to stormwater discharges. (c) The director and/or duly authorized employees, agents, or representatives of the city, bearing proper credentials and identification, shall be authorized to enter any public or private property at any reasonable time for the purpose of enforcing this chapter, including, but not limited to taking samples of discharges, inspecting monitoring equipment, inspecting and copying documents relevant to the enforcement of this chapter, and such other items as may be deemed necessary for the enforcement of this chapter. (d) The director shall have the authority to require any person responsible for a discharge to the storm sewer-drain system to document that such discharge meets and is in compliance with the requirements of this chapter. This includes, but is not limited to, the ability of the director to require such person to provide monitoring reports, test results to show that the discharge meets the requirements of this chapter, and such other matters as may be deemed necessary to show that such discharge is in compliance with the requirements of this chapter. The cost of any required documentation shall be the responsibility of the person responsible for the discharge. (e) The failure of any person to comply with any of the requirements of this section shall constitute a violation of this chapter. Sec. 11.3-67. - Enforcement of chapter and penalties. (a) Any person who violates any of the provisions of this chapter shall be guilty of a Class I misdemeanor and upon conviction is subject to punishment by a fine of not more than two thousand five hundred dollars ($2,500.00) per violation per day and confinement in jail for not more than twelve (12) months, either or both. (b) Each day during which a violation of this chapter occurs or continues shall be deemed a separate and distinct violation of this chapter. (c) Any person who commits any of the acts prohibited by this chapter or violates any of the provisions of this chapter shall be liable to the city for all costs of testing, containment, cleanup, abatement, removal, disposal, and any other related costs or expenses that the city may incur in connection with the enforcement of this chapter and/or the prohibition and/or correction of a violation of this chapter and/or the abatement of any illicit discharge to the storm sewer-drain system. (d) The director may bring legal action to enjoin a violation of this chapter and the existence of any other remedy shall be no defense to any such action. (e) In addition to any of the remedies set forth above, the director may seek to impose, or have imposed by the appropriate authority, any of the remedies provided for by § 10.1-603.14, Code of Virginia(1950), as amended, which are incorporated herein by reference. (f) In any court action that may result from enforcement of this chapter, a judge hearing the case may direct the person responsible for the violation or the property owner to correct the violation and each day that the violation continues shall constitute a separate violation of this chapter. (g) Any person who knowingly makes any false statements,representations, or certifications in any record, report, or other document, either filed or requested pursuant to this chapter, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required or used by the director under this chapter in monitoring discharges, shall be guilty of a violation of this chapter. (h) The remedies set forth in this section shall be cumulative, not exclusive, and it shall be no defense to any action that one (1) or more of the remedies set forth in this section has been sought or granted. Sec. 11.3-78. - Compliance with other laws and regulations. This chapter supplements the provisions of other federal, state, and city laws, codes, ordinances, rules, and regulations and all applicable federal, state, and city laws, codes, ordinances, rules, and regulations shall be complied with as well as the provisions of this chapter. 2. The ordinance shall be effective immediately upon its adoption. 3. Pursuant to Section 12 of the Charter of the City, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: December 6, 2021 Subject: Support Amendments to Chapter 11.3 Stormwater Discharge Requirements regarding addition of Sec 11 .3-4 Pollution of Streams and Amendments to Article I, Section 14.1-3 Unlawful Littering Background: The City of Roanoke's Stormwater Utility, along with the City Attorney's office drafted proposed updates to Chapter 11 .3, Stormwater Discharge Requirements, and Chapter 14.1 , Solid Waste Management, to reduce unlawful discharges and litter into the City's storm drain system and its receiving streams. The intent and purpose of Chapter 11 .3 is to promote the public health, safety, and welfare of persons in the city through the regulation of stormwater discharges to the city's stormdrain system and to prohibit the illicit discharge of nonstormwater to the city's stormdrain system, subject to certain exceptions. The chapter is also intended to prohibit illicit connections and illicit discharges to the city's stormdrain system, and to establish inspections and monitoring procedures to ensure compliance with this chapter. Currently, Sec. 21 -38, Pollution of Streams is isolated from other water quality ordinance content and primarily focuses on sewage, industrial wastes, and deleterious substances while not addressing pollution from trash, natural and unnatural debris or wastes. Violation of Sec. 21 -38 is a Class 4 misdemeanor. This ordinance amendment will move Sec. 21 -38, Pollution of Streams, to Chapter 11 .3 Stormwater Discharge Requirements, which covers discharge and improper placement of pollutants, debris, and wastes into the City's stormdrain system, and thus into its receiving streams. Violation of Chapter 1 1 .3 is a Class 1 misdemeanor. The amendment will also update language from storm sewer system to stormdrain system. Currently, Sec. 14.1 -3, Littering, is focused on the prohibition of littering on public highways, streets, or right-of-ways, parks, or other public property. The amendment will expand the prohibition of littering and dumping into the storm drain system and any surface waters or receiving streams, as well as other traditional public property areas. Considerations: The stormdrain system is intricately connected to its receiving streams and therefore any violation for littering or discharging nonstormwater into the stormdrain system and its receiving streams should be considered the same penalty, a Class 1 misdemeanor. To consolidate the city's water quality code sections, Sec. 21 -38, Pollution of Streams, should be included in Chapter 11 .3 together with other stormdrain and surface water quality items. The Community Rating System, a FEMA National Flood Insurance Program, gives credit for adopting and enforcing regulations that prohibit the dumping or disposal of debris throughout the community's drainage system, which includes the stormdrain system and natural channel conveyances, such as streams. Many local urban flood problems are caused when shopping carts, yard waste, trash, or other debris is dumped into channels. This debris can clog culverts, divert flows, and reduce the conveyance capacity of channels. These Code amendments will help reduce this problem. Recommended Action: Adopt an ordinance authorizing the proposed Chapter 11 .3 Stormwater Discharge Requirements ordinance amendments. Adopt an ordinance authorizing the proposed Section 14.1 -3 Solid Waste Management ordinance amendments. --------------------------- Robert S. Cowell, Jr. City Manager Distribution: Council Appointed Officers Clarence G. Grier, Deputy City Manager Mark Jamison, P.E., Director of Public Works Ian Shaw, P.E., AICP, Stormwater Division Manager Leigh Anne Weitzenfeld, MNR, Water Quality Administrator Amelia C. Merchant, Director of Finance 2 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th day of December 2021. No. 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. WHEREAS, a number of City residents have complained about the congestion of the downtown sidewalks; WHEREAS,these citizen complaints involve individuals camping on downtown sidewalks and rights of way and the unorganized storage of electric scooters on sidewalks; WHEREAS,there is sufficient shelter space in the City to accommodate the housing needs of the City's homeless population; WHEREAS, it is important that the City comply with the Americans with Disabilities Act of 1990, Pub. L, No. 101-336, 104 Stat. 328 (1990), as amended, by ensuring that our disabled residents have safe access to the sidewalks in the Downtown Service District; and WHEREAS, as a first step to better ensure safe access to public sidewalks and rights of way in the Downtown Service District, City Council hereby amends the City Code to prohibit camping on public sidewalks and rights-of-way within the Downtown Service District. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Amend and reordain 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. Sec 24-12—Camping on public sidewalks and rights-of-way within the Downtown Service District. It shall be unlawful and a Class 4 misdemeanor for any person within the Downtown Service District to camp on any city-owned street sidewalk alley, other public rights-of-waL. To camp is defined as the use of anycity-ownedstreet sidewalk alley,other public rights-of-way for living_accommodation activities such as sleeping or lying down, and making prgparations to sleep (includingtlaying down of bedding sleeping bag, or other sleeping matter, for thepurpose of sleeping) or storing personal belongings or making any fire or using any tent or shelter or other structure. The Downtown Service District means the same as defined in Section 32-102.2, Defined Division 6 Downtown Service District Article II Real Estate Taxes Generally, Chapter 32 Taxation of the Code of the City of Roanoke (1979), as amended. This section does not qpply to a person who is on city-owned street,sidewalk,alley, or other public rights-of-way if the person is: (1) on such street sidewalk alley, or other public rights-of-way because of a medical emergency-, (2) participating in or viewing parade festival permitted public event performance rally, demonstration or other similar activity; (3) sitting within a bus stop zone while waiting for public or private transportation,• (4) sleeping in a motor vehicle, or (5) operating or patronizing an establishment that conducts business and/or provides outdoor dining on a sidewalk or other public rights-of-way in accordance with Section 30-4.1 Sidewalks sales, Section 30-9.1, Outdoor dining or Section 30-9.2, Street vending of the Code of the City of Roanoke (1979) as amended. It is an affirmative defense to prosecution for a violation this section for lying down if a person is lying down and is obstructingthe he right-of-way,but is lying down as the result of a physical manifestation of a disability, not limited to visual observation. 2. This ordinance shall be in effect upon its passage. 3. The second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. — -- O� CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: December 6, 2021 Subject: Amendment to Chapter 24 Public Buildings and Property Generally, Article I. In General, to include Section 24-12. Camping on public sidewalks and rights of way within the Downtown Service District. Background: Over the past year residents and business owners have approached the City with complaints regarding the congestion of downtown sidewalks and in rights of way. These citizen complaints involve individuals camping on sidewalks and the storage of electronic scooters on sidewalks within the Downtown Service District. As a first step to address these issues within the City's downtown, we propose the adoption of an ordinance prohibiting camping on public sidewalks and rights of way within the Downtown Service District. Like many communities that have faced similar concerns of individuals sleeping outside on public rights of way, the City may exercise its police powers to regulate these public areas within the constraints of the law. As identified in the recent case of Martin v. Boise, 920 F.3d 584 (9th Cir. 2019), cities have authority to preclude camping on public property, with some constraints. The primary holding in the Martin case was that if there was no homeless shelter bed space available at the time enforcement was sought, then the person could not be cited. However, the court went on to say that the cities could identify certain areas where no public camping could occur, provided there was not a total ban. The City in collaboration with many partners through the Blue Ridge Interagency Council on Homelessness (BRICH) strives to reduce the incidence and prevalence of homelessness in the Roanoke Valley. As reflected in BRICH's Point in Time Count, since 2012, the homeless population in the Roanoke Region has decreased by 55.4%. However, over the past several months there has been an increase in the number of individuals sleeping outside in the City's downtown. The City's Homeless Assistance Team ("HAT") provides outreach services and case management to homeless individuals and families in the City needing help locating permanent housing, including emergency and transitional shelter. HAT is tasked with providing information about the City's available shelters, including the Rescue Mission, Samaritan Inn, Roanoke Area Ministries ("RAM"), TRUST House, Turning Point Domestic Violence Shelter, and others. At this time, there are more than 300 shelter beds for people experiencing homelessness. As of January 2021 there were 250 people experiencing homelessness in the Roanoke region - over 95% were temporarily housing in shelters. As of July 2021 , there were approximately 44 individuals found to be sleeping outside. There is sufficient shelter space in the City to accommodate individuals who do not have a place to sleep. Not only is it unsafe for individuals to sleep outside on public sidewalks and rights of way, there are additional concerns related to the health and safety of residents, business owners, and visitors in downtown. For example, City rights of way are intended for shared use by the public for transportation purposes, and are not intended for use for habitation. It is the City's duty to comply with the federal Americans with Disabilities Act of 1990, Pub. L, No. 101 -336, 104 Stat. 328 (1990), as amended, by ensuring that City residents and visitors have safe access to the sidewalks and other public rights of way. The objective of this ordinance is to make public rights of way safe and accessible to all while providing assistance to homeless individuals by finding immediate shelter space and permanent housing as soon as practical, not to seek monetary fines. Members of the City's HAT Team will continue to offer individuals camping in our Downtown District access to services including where they can find available shelter space. There are sufficient resources in the City to ensure that no one has to sleep outside on our downtown sidewalks with the ultimate goal of ensuring all City residents have a safe place to sleep at night. Considerations: The amendment of Chapter 24, Public Buildings and Property Generally, to prohibit camping on public sidewalks and rights of way in the Downtown Service District is necessary to keep such public rights of way safe and accessible, and will further the City's efforts to connect homeless individuals with emergency and temporary shelter and permanent housing. Recommended Action: Adopt the accompanying ordinance amending Article I, In General, of Chapter 24, Public Buildings and Property Generally, of the Code of the City of Roanoke, Virginia (1979), as amended to prohibit camping on public right of ways within the Downtown Service District. To allow a period of time to educate people about this amendment to the City Code and provide a list of shelter and housing resources, the ordinan e_ hould become effective January 1 , 2022. ----- -------------------- Robert S. Cowell, Jr. City Manager Distribution: Council Appointed Officers Timothy R. Spencer, City Attorney 2 Page 1 of 1 Re: [EXTERNAL] Downtown Roanoke Bill Bestpitch to: Steve Bowery 12/03/2021 12:19 PM Cc: City Clerk's Office Hide Details From: Bill Bestpitch/Employees/City_of Roanoke To: "Steve Bowery" <steve.bowery@wstam.com> Cc: City Clerk's Office Thanks,Steve. I am copying the City Clerk on this reply to ensure that your comments are made a part of the record for the meeting on this ordinance. Bill Bestpitch Roanoke City Council 540-761-6566 On Dec 3,2021, 11:56:32,stevc.bowery(a,wstam.com wrote: From:steve.bowery(d?wstam.com To: bill.bestoitch(roanokcva.gov Cc: Date:Dec 3,2021, 11:56:32 Subject: [EXTERNAL]Downtown Roanoke CAUTION:This email originated from outside your organization.Exercise caution when opening attachments or on clicking links from unknown senders. Downtown has really gone downhill the last year or so.Any reasonable person who has experience with downtown can see this. I had some partners in from Norfolk a couple of months ago,and they said Downtown Roanoke compares unfavorably to their city,which is a pretty embarrassing if you've ever been to Downtown Norfolk at night. Folks are going to stop coming downtown for dinner and entertainment,and the city is going to take a big hit on meals and other business taxes. I was having a drink outdoors with a friend at Three Notched a month or so ago and had the displeasure of watching a homeless person defecate on the wall outside the Roanoke Weiner Stand. I have a picture of this if you'd like to see it. A friend of mine who works at First Citizens saw two homeless people engaging in a sex act outside the post office. Although I don't work for First Citizen's, I do rent space from them, and I'm going to move my business to Roanoke County unless this problem is fixed. I've spent countless hours and hundreds of thousands of dollars over the years to make downtown a nice place—I started the Roanoke Pinball Museum and had a hand in the other cutting-edge things Center in the Square has done the last few years. I'm starting to ask myself why I even bother. I've also given heavily to TAP and the Rescue Mission. It's my understanding that there is space at the Rescue Mission —the problem is the people on the street don't want to follow the rules there.They need to! Thanks,Steve Bowery Disclaimer:The information contained in this electronic mail message,including any attachments,may be privileged and/or confidential and is intended solely for the use of the intended recipient(s).Unauthorized interception,review,use,disclosure or distribution of this electronic mail message and/or any information contained therein by any other person is strictly prohibited.If you are not the intended recipient please contact the sender by replying to this message.Wilbanks,Smith&Thomas Asset Management,LLC reserves the right to monitor and retain electronic correspondence. file:///C:/Users/cfmccoy/AppData/Local/Temp/notes56C3C9/—web4739.htm 12/8/2021 Fw: [EXTERNAL] Sidewalk Camping Ordinance City Clerk to: Cecelia Webb 11/30/2021 10:50 AM Sent by: Susie McCoy I City Clerk/Employees/City_of_Roanoke To: Cecelia Webb/Employees/City_of_Roanoke@City_of_Roanoke Sent by: Susie McCoy/Employees/City_of_Roanoke Cecelia "Susie" F. McCoy, CMC City Clerk City of Roanoke 215 Church Avenue, S.W. Roanoke,Virginia 24011 (540) 853-6358(telephone) (540) 853-1145 (fax) -----Forwarded by Susie McCoy/Employees/City_of_Roanoke on 11/30/2021 10:50 AM----- From: "Melissa Palmer"<melissa@chocolatepaperroanoke.com> To: Bill.Bestpitch@roanokeva.gov Cc: City.Clerk@roanokeva.gov Date: 11/29/2021 08:19 PM Subject: Re: [EXTERNAL] Sidewalk Camping Ordinance CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Thank you! Melissa Palmer Mays chocolatepaper 308-3 Market Street Roanoke, VA 24011 On Nov 30, 2021, at 1:02 AM, Bill.Bestpitch@roanokeva.gov wrote: Thanks, Melissa. I am copying the City Clerk on this reply to ensure that your comments are made a part of the record for the meeting on this ordinance. Bill Bestpitch Roanoke City Council 540-761-6566 On Nov 29, 2021, 11:50:15 AM, melissa@chocolatepaperroanoke.com wrote: From: melissa@chocolatepaperroanoke.com To: Vivian.Sanchez-Jones@roanokeva.gov, sherman.lea@roanokeva.gov, Trish.white-Boyd@roanokeva.gov, Robert.Jeffrey@roanokeva.gov, stephanie.moon@roanokeva.gov,bill.bestpitch@roanokeva.gov, joseph.cobb@roanokeva.gov I look forward to seeing what innovative, compassionate and impactful programs and solu tions are to come. Thank you, Melissa Melissa Palmer Mays chocolatepaper 308-3 Market Street Roanoke, VA 24011 i Fw: [EXTERNAL] Sidewalk Ordinance _ City Clerk to: Cecelia Webb 11/30/2021 10:50 AM Sent by: Susie McCoy City Clerk/Employees/City_of_Roanoke To: Cecelia Webb/Employees/City_of_Roanoke@City_of_Roanoke Sent by: Susie McCoy/Employees/City_of_Roanoke Cecelia "Susie" F. McCoy, CMC City Clerk City of Roanoke 215 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853-6358 (telephone) (540) 853-1145(fax) -----Forwarded by Susie McCoy/Employees/City_of_Roanoke on 11/30/2021 10:50 AM----- From: Bill Bestpitch/Employees/City_of_Roanoke To: "Preston Collins"<prestonc2@gmail.com> Cc: City Clerk/Employees/City_of_Roanoke@City_of_Roanoke Date: 11/30/2021 09:59 AM Subject: Re: [EXTERNAL] Sidewalk Ordinance Thanks, Preston. I am copying the City Clerk on this reply to ensure that your comments are made a part of the record for the meeting on the ordinance. Bill Bestpitch Roanoke City Council 540-761-6566 On Nov 30, 2021, 9:33:20 AM, prestonc2@gmail.com wrote: From: prestonc2@gmail.com To: bill.bestpitch@roanokeva.gov Cc: Date: Nov 30, 2021, 9:33:20 AM Subject: [EXTERNAL] Sidewalk Ordinance CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Councilman Bestpitch, I would like to strongly endorse the adoption of the ordinance against camping and sleeping on City sidewalks and Public areas. Too many people have worked too long and hard to make this City great. It would be a shame to ruin this city by allowing this activity to continue. Please support adopting this ordinance. Fw: [EXTERNAL] Proposed New Ordinance _ City Clerk to: Cecelia Webb 11/30/2021 10:51 AM Sent by: Susie McCoy City Clerk/Employees/City_of_Roanoke To: Cecelia Webb/Employees/City_of_Roanoke@City_of_Roanoke Sent by. Susie McCoy/Employees/City_of_Roanoke Cecelia"Susie" F. McCoy, CMC City Clerk City of Roanoke 215 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853-6358(telephone) (540) 853-1145 (fax) -----Forwarded by Susie McCoy/Employees/City_of_Roanoke on 11/30/2021 10:51 AM----- From: Bill Bestpitch/Employees/City_of_Roanoke To: "Billy's Events"<billysevents@gmail.com> Cc: City Clerk/Employees/City_of_Roanoke@City_of_Roanoke Date: 11/30/2021 10:02 AM Subject: Re: [EXTERNAL] Proposed New Ordinance Thanks, Anna. I am copying the City Clerk to ensure that your comments are made a part of the record for the meeting on the ordinance. Bill Bestpitch Roanoke City Council 540-761-6566 On Nov 30, 2021, 9:59:41 AM,billysevents@gmail.com wrote: From: billysevents@gmail.com To: sherman.lea@roanokeva.gov, trish.white-boyd@roanokeva.gov, bill.bestpitch@roanokeva.gov, joseph.cobb@roanokeva.gov, robert.jeffrey@roanokeva.gov, stephanie.moon@roanokeva.gov, vivian.sanchez-jones@roanokeva.gov Cc: Date: Nov 30, 2021, 9:59:41 AM Subject: [EXTERNAL] Proposed New Ordinance CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Dear Members of the Roanoke City Council, I am asking you to join me in supporting the recently proposed sidewalk ordinance that aims to reduce the prevalence of the unsheltered population camping on city sidewalks. I have serious concerns that the prevalence of Roortoke December 2, 2021 Dear Members of Roanoke City Council, As you know, Downtown Roanoke, Inc. ("DRI") is the Downtown Business Improvement Organization. DRI's mission is to make Downtown Roanoke the preferred place to live,work and play. Downtown Roanoke has over 15,000 employees, nearly 3,000 residents,2,500 students,and hundreds of thousands of visitors each year—we are the heart of the Roanoke Valley. We believe that a vital and thriving downtown is essential for a strong and healthy region. A vibrant downtown helps retain residents, businesses,jobs, investments,and visitors who bring necessary revenue to our City. Homelessness is a complex issue. There are no easy solutions. The status quo, however, is not acceptable. For well over a year, DRI has received alarming and persistent complaints from dozens of downtown businesses regarding unhoused persons who have set up permanent camps on City sidewalks. The business owners report material declines in traffic,and reports from their customers who do not feel safe. We also regularly hear from persons who work downtown who express concerns for their safety when they walk to and from work(especially at night). DRI frequently receives emails,calls, and social media messages from residents and visitors regarding these same safety concerns. DRI Staff has personally witnessed incidents of defecation, urination,and fornication on our sidewalks. We urge City Council to recognize and address the significant health and safety dangers being posed daily to Roanoke's small business community, its patrons, residents,and visitors. We are aware of the deliberative(and compassionate) process that led the City Manager,with assistance from the City Attorney,to draft a narrow proposed ordinance that would ban sleeping or camping on City sidewalks and rights of way. DRI was invited to convene a stakeholder meeting for interested businesses and residents. As you may have heard, more than 50 persons, representing dozens of small businesses and residents,attended the meeting. Virtually everyone in attendance expressed their strong support for the ordinance. DRI's Board of Directors(and Staff)support the proposed ordinance. We believe this is as an essential next step to address the legitimate concerns of the business community or risk the loss of businesses who would seek safer, alternative locations. Moving individuals from unsafe locations will also incentivize renewed efforts to help these unhoused persons find transitional housing that we understand is available. Thank you for your consideration and leadership. Downtown Roanoke, Inc. I�W97�7 Todd Leeson j Board Chair CC: City Manager DRI Board Members(identified on attachment) Downtown Roanoke, Inc,213 Market Street,Roanoke,VA 24011 540.342.2028 www.downtownroanoke.org //10216229x2 Illi Roanoke Downtown Roanoke Inc. Board of Directors 2021-2022 Todd Leeson,Chair Olivia King Gentry Locke Mast General Store Paul Phillips, Chair-Elect Rob Lindstrom Freedom First Credit Union Alcova Mortgage LLC Tim Belcher, Secretary Tony Pearman, Ex-Officio Rolling Meadows Farm Access Advertising & PR Robert Jaeger,Past Chair Paul Powers The Candy Store Power School Group, LLC Brian Wells, Treasurer Chief Sam Roman, Ex-Officio Hotel Roanoke&Conference Center Roanoke City Police Department Matt Pumo Billy Siple WDBJ 7 Alcova Mortgage LLC Nadra Scott Stacie Vest Mel Wheeler, Inc. Cox Communications Christopher Allie Joyce Waugh,Ex-Officio Coca Cola Bottling Company Roanoke Regional Chamber of Commerce Kimberley Braswell Member One Credit Union Duke Baldridge Dominion Risk Advisors Shay Bowman Hampton Inn&Suites—Roanoke Larry Jackson Appalachian Power Jessica Johnson, CCIM Thalhimer R.Neal Keesee,Jr. Woods Rogers PLC 213 Market Street • Roanoke,VA 24011 • 540.342.2028 • FAX 540.344.1452 www.downtownroanoke.org • dri@dowrtownroanoke.org [EXTERNAL] Vote NO on the Sidewalk Camping Ban of Ian Foulk to: sherman.lea 12/02/2021 06:57 AM "Ian Foulk"<ianfou1k1@gmail.com> To: sherman.lea@roanokeva.gov CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Dear Mayor Lea I'm emailing to express my support for some of the most vulnerable residents in Roanoke (homeless people) and ask that you vote NO on the sidewalk camping ban ordinance. The Rescue Mission is not an adequate shelter for many people for many reasons. This camping ban is cruel & inhumane and does nothing to help get homeless people into adequate shelter. Stop the camping ban and house the homeless. Regards, Ian Foulk proposed camping ban on city sidewalks Rosenthal, G to: sherman.lea@roanokeva.gov 12/01/2021 06:51 PM 'Rosenthal, G'<rosenthal@roanoke.edu> To "sherman.lea@roanokeva.gov"<sherman.lea@roanokeva.gov> CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Dear Mayor Lea, I write in strong opposition to the proposed ban on camping or sleeping on city sidewalks. The use of a law enforcement/criminal justice mechanism to try to "help" the homeless is severely misguided, and the idea of police arresting and courts fining homeless persons for this matter makes me ashamed of our city. Having worked in an earlier part of my life for a homeless services non-profit, I know that there are many reasons why some individuals will not go into homeless shelters or take advantage of other services. The solution for these individuals is not to criminalize their poverty and desperation, but rather to increase outreach to them so that they have the resources they need to survive and thrive. Please do NOT pass this proposed legislation. The appropriate response by the city should rather be to increase funding to homeless outreach & connect homeless persons living on the streets with the services they need. Do NOT pass this bill. Thank you for your consideration. Sincerely, Dr. Samantha Rosenthal Dr. G. Samantha Rosenthal Associate Professor of History Coordinator, Public History Concentration 540-375-5257 rosenthal(a)roanoke.edu pronouns:she/her or they/them http://gsrosenthal.com/ Pre-order my book Living Queer History:Remembrance and Belonging in a Southern City Page 1 of 2 Re: [EXTERNAL] proposed no camping in downtown ordinance Bill Bestpitch to: Dave Trinkle 12/03/2021 03:17 PM Cc: City Clerk's Office Hide Details From: Bill Bestpitch/Employees/City_of Roanoke To: "Dave Trinkle" <dbtrinkle@gmail.com> Cc: City Clerk's Office Thanks, Dave. I am copying the City Clerk to ensure that your comments are included in the record of the meeting on the ordinance. Bill Bestpitch Roanoke City Council 540-761-6566 On Dec 3, 2021, 3:14:50 PM, dbtrinkle@gmail.com wrote: From: dbtrinkle@gmail.com To: Bill.Bestpitch@roanokeva.gov Cc: Date: Dec 3, 2021, 3:14:50 PM Subject: [EXTERNAL] proposed no camping in downtown ordinance CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Hey Bill - Hope all is well and you had a great Tgiving, we need to get with Ray and have a long overdue drink! I did want to reach out in strong support of the ordinance prohibiting camping on streets, sidewalks, public rights of ways, etc. I have recently travelled through Oregon and California and cannot believe how devastated many of those communities are due to inaction and inappropriate attempts at helping which end up only enabling and attracting more of the same problem and thus making the problem much worse. This has ruined businesses, communities and individuals; and increased taxes which in turn cause more loss of working populations and thus more closing of businesses. Homelessness is a significant and long term issue for most communities. There has never been, despite many interventions and attempts over decades, a solution to this issue that really works for most. The best approach is compassionate intervention on an individual basis- which Roanoke, esp with street teams, is doing really well along with many other interventions and orgs participating. As a psychiatrist, with over three decades of experience, I know there are and always will be those in need that refuse any intervention that makes a real change, but only accept enabling interventions such as money or food or drugs and alcohol or a tent now. One by one, a few really do change and accept life changing interventions. However, there will always be some that just want their way of life on the streets, that have mental illness or substance abuse that they do not, as of yet, want to give up. There will always be a part of our society that has "opted out" and will not respond to us imposing our values- such as they need shelter, food, warmth- on them. This is unfortunate, but well described in the literature. They need compassionate help one by one, you need to know the person to ultimately help file:///C:/Jsers/ctwebb/AppData/Local/Temp/notes1F89EC/—webO297.htm 12/3/2021 Page 2 of 2 them. There is no blanket fix to the homeless issue, but there are blanket enabling interventions that especially in the case of allowing tents and camping in our downtown not only won't help the individual but will drastically harm the community as a whole. As a downtown business owner, I can give multiple examples of harassment, blocking of entrances, running of customers out of the restaurant, screaming and scaring customers- esp out of town customers that didn't know what to expect when coming downtown for entertainment. Most of this comes from the homeless community or those that portray homelessness to make money. Of course there are also the bad actors hurting the safety of downtown but we have continually documented to police (usually via calls as they often do not come) that the majority of day or night issues are coming from homeless folks assaulting our staff and customers. Communities out west are actually imposing a homeless tax on downtown businesses to support enabling interventions such as port-o-johns, large tents, showers, outdoor meal centers, heaters etc. Please do not take our community down this path by enabling and encouraging this dangerous behavior by not passing the proposed no camping ordinance in downtown. In summary- city administration has done an incredible job writing a workable ordinance. If it is not passed it will add to the already growing issue of violence downtown (a separate but related issue), lack of customers, lack of policing, and poor quality of experiences in our vital (used to be) beautiful historic downtown. Issues are growing daily and there are multiple issues in addition to this one that will need to be addressed soon. Violence and confrontations now happen in the daytime, not just at night. We have been closing at midnight for over a year and now there are discussions of closing much earlier. Our newest and biggest concern is safety for our staff- now all day long with frequent verbal and physical confrontations from the homeless population. These confrontations especially happen as our staff close and leave or come and open up as early as 8am. This is not sustainable for our business and probably not for most others. Also- fyi- I support the well written ordinance on scooters. I am more than happy to talk with you on the phone or in person as you want! As a prior councilman, I am already having flashbacks about how many speakers will show up Monday December 6th, so I thought especially you would appreciate that I just email! Thanks for reading and stay in touch and let's grab that drink and catch up! Dave Thanks, Dave Trinkle NEW ADDRESS 2509 Crystal Spring Avenue Roanoke, Va. 24014 540-314-8875 file:///C:/Users/ctwebb/AppData/Local/Temp/notes IF89EC/—webO297.htm 12/3/2021 Page 1 of 1 Re: [EXTERNAL] Downtown Roanoke Bill Bestpitch to: Steve Bowery 12/03/2021 12:19 PM Cc: City Clerk's Office Hide Details From: Bill Bestpitch/Employees/City_of Roanoke To: "Steve Bowery" <steve.bowery@wstam.com> Cc: City Clerk's Office Thanks,Steve. I am copying the City Clerk on this reply to ensure that your comments are made a part of the record for the meeting on this ordinance. Bill Bestpitch Roanoke City Council 540-761-6566 On Dec 3,2021, 11:56:32,steve.bowery(e6kstam.com wrote: From: steve.boweryLa;wstam.com To: bill.bestpitch airoanokeva.,gov Cc: Date:Dec 3,2021, 11:56:32 Subject: [EXTERNAL]Downtown Roanoke CAUTION:This email originated from outside your organization.Exercise caution when opening attachments or on clicking links from unknown senders. Downtown has really gone downhill the last year or so.Any reasonable person who has experience with downtown can see this. I had some partners in from Norfolk a couple of months ago,and they said Downtown Roanoke compares unfavorably to their city,which is a pretty embarrassing if you've ever been to Downtown Norfolk at night. Folks are going to stop coming downtown for dinner and entertainment,and the city is going to take a big hit on meals and other business taxes. was having a drink outdoors with a friend at Three Notched a month or so ago and had the displeasure of watching a homeless person defecate on the wall outside the Roanoke Weiner Stand. I have a picture of this if you'd like to see it. A friend of mine who works at First Citizens saw two homeless people engaging in a sex act outside the post office. Although I don't work for First Citizen's, I do rent space from them,and I'm going to move my business to Roanoke County unless this problem is fixed. I've spent countless hours and hundreds of thousands of dollars over the years to make downtown a nice place—I started the Roanoke Pinball Museum and had a hand in the other cutting-edge things Center in the Square has done the last few years. I'm starting to ask myself why I even bother. I've also given heavily to TAP and the Rescue Mission. It's my understanding that there is space at the Rescue Mission —the problem is the people on the street don't want to follow the rules there.They need to! Thanks,Steve Bowery Disclaimer:The information contained in this electronic mail message,including any attachments,may be privileged and/or confidential and is intended solely for the use of the intended recipient(s). Unauthorized interception,review,use,disclosure or distribution of this electronic mail message and/or any information contained therein by any other person is strictly prohibited.If you are not the intended recipient please contact the sender by replying to this message.Wilbanks, Smith&Thomas Asset Management,LLC reserves the right to monitor and retain electronic correspondence. file:///C:/IJsers/ctwebb/AppData/Local/Temp/notes 1 F89EC/—web0045.htm 12/3/2021 Page 1 of 3 Fw: [EXTERNAL] Support for proposed ordinance Joseph Cobb to: Sherman Lea, Trish White-Boyd, Bill Bestpitch, Vivian Sanchez-Jones, Stephanie Moon, Robert Jeffrey 12/03/202104:28 PM Cc: Susie McCoy, Bob Cowell, Timothy Spencer Hide Details From: Joseph Cobb/Employees/City_of Roanoke Sort List... To: Sherman Lea/Employees/City_of Roanoke@City_of Roanoke, Trish White- Bo@Employees/City_of Roanoke@City_of Roanoke, Bill Bestpitch/Employees/City_of Roanoke@City_of Roanoke, Vivian Sanchez- Jones/Employees/City_of Roanoke@City_of Roanoke, Stephanie Moon/Employees/City_of Roanoke@City_of Roanoke, Robert Jeffrey/Employees/City—of Roanoke@City_of Roanoke Cc: Susie McCoy/Employees/City_of Roanoke@City_of Roanoke, Bob Cowell/Employees/City_of Roanoke@City_of Roanoke, Timothy Spencer/Employees/City_of Roanoke@City_of Roanoke Colleagues, Please see the attached email from Bill McIlhenny, President of the Home Owners Association at 204 South Jefferson in support of the proposed ordinance for consideration on Monday. Thanks, Joe Joe Cobb Member of City Council 540-580-9645 -----Forwarded by Joseph Cobb/Employees/City_of_Roanoke on 12/03/2021 04:25PM ----- To: "Joe Cobb" <joseph.cobb@roanokeva.gov> From: "William McIlhenny" <mcilhennyw@me.com> Date: 12/03/2021 12:12PM Subject: [EXTERNAL] Support for proposed ordinance CAUTION: This email originated from outside your organization . Exercise caution when opening attachments or on clicking links from unknown senders . Joe, I am writing as President of the Home Owners Association at 204 South Jefferson to voice our strong support for the ordinance we understand the Roanoke City Council will consider on December 6 that would ban camping on city sidewalks . I would be very grateful if you would convey our support to the Council . file:///C:/Users/cfmccoy/AppData/Local/Temp/notes56C3C9/—web4517.htm 12/3/2021 Page 2 of 3 Our owner-residents enthusiastically embrace a vibrant, safe, economically dynamic and diverse city center—witnessed by our choices to live with our families and invest in downtown. We feel that camping on sidewalks seriously jeopardizes these qualities that make, and we hope will increasingly make, downtown an attractive place to live, work, shop and raise families . I am not aware of a single resident in our building that hasn' t run up against situations involving campers that impinged on our feelings of safety, wellbeing, or free movement . Without belaboring the point, these include being caught in the middle of altercations involving campers, encountering human waste of various kinds, and feeling obliged to alter our paths/routines in some way or another. We are concerned that camping on city sidewalks creates, especially at this challenging economic time, disincentives to living and running businesses downtown . These disincentives can fuel a vicious circle of falling tax revenues that reduce the city' s ability to maintain the municipal services—particularly the core social services it offers to those who need them. We are proud of our city' s political support for these services . We see the proposed new ordinance as a logical and responsible step toward making our city safer and more attractive for all . Thank you for reading this and for the leadership you and your colleagues provide to help Roanoke advance . Sincerely, William McIlhenny file:///C:/Users/cfmccoy/APPData/Local/Temp/notes56C3C9/—web4517.htm 12/3/2021 Page 3 of 3 Cc: Joe Cobb/text file:///C:/Users/cfmccoy/AppData/Local/Temp/notes56C3C9/—web4517.htm 12/3/2021 Page 1 of 2 Re: [EXTERNAL] proposed no camping in downtown ordinance Dave Trinkle to: Bill.Bestpitch 12/03/202103:25 PM Cc: City_Clerk's_Office Hide Details From: "Dave Trinkle" <dbtrinkle@gmail.com> To: Bill.Bestpitch@roanokeva.gov Cc: City_Clerk's_Office@roanokeva.gov CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Thanks- time flies and forgot to do that!! Dave On Fri, Dec 3, 2021 at 3:17 PM <Bill.Bestpitch (r.roanokeva.gov> wrote: Thanks, Dave. I am copying the City Clerk to ensure that your comments are included in the record of the meeting on the ordinance. Bill Bestpitch Roanoke City Council 540-761-6566 On Dec 3, 2021, 3:14:50 PM, dbtrinkle(cbgmail.com wrote: From: dbtrinkle(cegmail.com To: Bill.Bestpitch(&-,roanokeva.gov Cc: Date: Dec 3, 2021, 3:14:50 PM Subject: [EXTERNAL] proposed no camping in downtown ordinance CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Hey Bill - Hope all is well and you had a great Tgiving, we need to get with Ray and have a long overdue drink! I did want to reach out in strong support of the ordinance prohibiting camping on streets, sidewalks, public rights of ways, etc. I have recently travelled through Oregon and California and cannot believe how devastated many of those communities are due to inaction and inappropriate attempts at helping which end up only enabling and attracting more of the same problem and thus making the problem much worse. This has ruined businesses, communities and individuals; and increased taxes which in turn cause more loss of working populations and thus more closing of businesses. Homelessness is a significant and long term issue for most communities. There has never been, despite many interventions and attempts over decades, a solution to this issue that really works for most. The best approach is compassionate intervention on an individual basis- which Roanoke, esp with street teams, is doing really well along with many other interventions and orgs participating. As a psychiatrist, with over three decades of experience, I know there are and always will be those in need that refuse any intervention that makes a real change, but only accept enabling interventions such file:///C:/Users/cfmccoy/AppData/Local/Temp/notes56C3C9/—web8602.htm 12/3/2021 Page 2 of 2 as money or food or drugs and alcohol or a tent now. One by one, a few really do change and accept life changing interventions. However, there will always be some that just want their way of life on the streets, that have mental illness or substance abuse that they do not, as of yet, want to give up. There will always be a part of our society that has "opted out" and will not respond to us imposing our values- such as they need shelter, food, warmth- on them. This is unfortunate, but well described in the literature. They need compassionate help one by one, you need to know the person to ultimately help them. There is no blanket fix to the homeless issue, but there are blanket enabling interventions that especially in the case of allowing tents and camping in our downtown not only won't help the individual but will drastically harm the community as a whole. As a downtown business owner, I can give multiple examples of harassment, blocking of entrances, running of customers out of the restaurant, screaming and scaring customers- esp out of town customers that didn't know what to expect when coming downtown for entertainment. Most of this comes from the homeless community or those that portray homelessness to make money. Of course there are also the bad actors hurting the safety of downtown but we have continually documented to police (usually via calls as they often do not come) that the majority of day or night issues are coming from homeless folks assaulting our staff and customers. Communities out west are actually imposing a homeless tax on downtown businesses to support enabling interventions such as port-o johns, large tents, showers, outdoor meal centers, heaters etc. Please do not take our community down this path by enabling and encouraging this dangerous behavior by not passing the proposed no camping ordinance in downtown. In summary- city administration has done an incredible job writing a workable ordinance. If it is not passed it will add to the already growing issue of violence downtown(a separate but related issue), lack of customers, lack of policing, and poor quality of experiences in our vital (used to be)beautiful historic downtown. Issues are growing daily and there are multiple issues in addition to this one that will need to be addressed soon. Violence and confrontations now happen in the daytime, not just at night. We have been closing at midnight for over a year and now there are discussions of closing much earlier. Our newest and biggest concern is safety for our staff- now all day long with frequent verbal and physical confrontations from the homeless population. These confrontations especially happen as our staff close and leave or come and open up as early as Sam. This is not sustainable for our business and probably not for most others. Also- fyi- I support the well written ordinance on scooters. I am more than happy to talk with you on the phone or in person as you want! As a prior councilman, I am already having flashbacks about how many speakers will show up Monday December 6th, so I thought especially you would appreciate that I just email! Thanks for reading and stay in touch and let's grab that drink and catch up! Dave Thanks, Dave Trinkle NEW ADDRESS 2509 Crystal Spring Avenue Roanoke, Va. 24014 540-314-8875 Thanks, Dave 540-314-8875 Sent from Gmail Mobile file:///C:/Users/cfmccoy/AppData/Local/Temp/notes56C3C9/—web8602.htm 12/3/2021 Concerned Citizen about Proposed Camping Ban jo Claire Lawson to: sherman.lea 12/02/2021 09:58 PM "Claire Lawson"<dairelawson@vt.edu> To: sherman.lea@roanokeva.gov CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Dear Mayor Lea, I'm Claire Lawson, a student at Virginia Tech and a Roanoke native. I'm emailing today to ask that you vote no on the sidewalk sleeping ban. The homeless of our area need compassion and generosity,rather than further fines that make it even more difficult to get back on their feet, especially as the holidays approach. I believe there are better ways to solve the issue of homelessness in Roanoke that can lift up those without means. I hope you consider the livelihood of the unhoused as you vote. Best wishes, Claire Lawson [EXTERNAL] Vote NO on the sidewalk camping ban! Jena Aistrop to: sherman.lea 12/02/2021 08:17 PM "Jena Aistrop"<jena.aistrop@gmail.com> To: sherman.lea@roanokeva.gov CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. I am writing to express my support for the unhoused residents of Roanoke and demand that you vote NO on the sidewalk camping ban ordinance, or at the very least, table this until the December 20th meeting when more folks could attend and give input&potential solutions. The Rescue Mission is not adequate shelter for many people for many reasons. This camping ban is cruel & inhumane and does nothing to help get homeless people into adequate shelter. Banning shelter and imposing fines on unhoused citizens are not effective long-term solutions to the problem of homelessness. Stop the camping ban and house the homeless. [EXTERNAL] Sidewalk Camping Ordinance Kiesha Preston to: sherman.lea 12/03/2021 03:11 AM r: "Kiesha Preston"<knicolepreston@gmail.com> To: sherman.lea@roanokeva.gov CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Mayor Lea, I know that in the coming days you have important decisions to make regarding our city's houseless population(I will not call them homeless,because Roanoke is their home)and how Roanoke chooses to address them; and because I am doubtful that many people who are sleeping on the streets were brought to the table as stakeholders in this matter; I am reaching out to you, and other members of City Council, in hopes of giving you a better idea of exactly who it is sleeping on the sidewalks and how they will be impacted should you vote yes to the proposed ordinance. One of the people you might find out there any given night is a loved one of mine. He has struggled with addiction in the past and has spent large chunks of his life behind bars as a result of nonviolent drug related offenses. Because of his conviction history,he has struggled off and on with finding employment that pays him enough to afford housing. As of today,he has been clean and sober and has stayed out of trouble for nearly 15 years and while a person's sobriety, or lack thereof, should not be a determining factor as to whether or not they deserve a place to live, I bring these things up because they are major and difficult accomplishments that could easily be undone by the criminalization of sidewalk camping. Many people who have loved ones who are unhoused and sleeping on the streets, get questions like, "why haven't you and your family helped?Or"why don't they just go to a shelter?"And as someone with firsthand knowledge of these issues I would very much like to address them. Most people are helping their loved ones to the extent that they are able to by providing meals and paying for hotel rooms when they can.Most of us would be more than happy to take our loved ones in ourselves, but as I'm sure you're aware,when you're a renter, there are strict rules about housing people who are not on the lease. Doing so, especially if you reside in public housing, can cause you to lose your own housing and then everyone is out on the street. As for shelters,people like my loved one who have conviction and drug use histories have limited employment options and are working hard to remain clean.Many of the jobs that they are able to obtain have schedules that prevent them from getting off work in time to find a bed, or that make it difficult to comply with curfew rules. In addition, a shelter environment where you are in close quarters with other people and have no control over who else is there, is a perfect storm fora relapse. Seeing familiar faces from drug using days with the inability to leave, or being surrounded by other people who might currently be struggling makes staying clean, an already difficult task,that much more challenging. For my loved one and many others like him, opting out of going to shelters is a deliberate choice to avoid circumstances that could quickly send someone who has struggled with addiction back into a downward spiral. Fining them for being without housing does not help. Jailing them for being without housing does not help. Forcing them into a situation that could trigger relapse, does not help, and I implore you and other members of council to explore other options that solve the problem and cause the least amount of harm without criminalizing people for being poor. They shouldn't be treated as eyesores or blight that need to be removed. They're human beings and they deserve to be treated as exactly that; nothing less. Every member of council has made statements about equity at some point in time. Voting yes to an ordinance that would harm a group of people who are already struggling,to appease complaints from more privileged individuals who don't want to look at them, is not equitable. This problem needs to be solved, 100%but making things harder for the unhoused is not a solution. There are plenty of people in Roanoke city who would love to work with you to find better options. I ask that you give us that opportunity and vote no to the criminalization of sidewalk camping. Kiesha Nicole Preston (She/Her) Policy AdvocatelPublic Speakerl "Well behaved women seldom make history" rn: (540)632-8191 e KNicolePreston(o)gmail.com PO Box 6519 Roanoke. Va 24017 [EXTERNAL] Stop the Camping Ban Michelle Braxton to: sherman.lea@roanokeva.gov 12/03/2021 08:12 AM "Michelle Braxton"<michel1z98@yahoo.com> To: "sherman.lea@roanokeva.gov"<sherman.lea @roanokeva.gov> CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Good morning Mayor Sherman Lea, I'm emailing you to express my support for some of the most vulnerable residents in Roanoke City (homeless people) and ask that you vote NO on the sidewalk camping ban ordinance (or table this until the December 20th meeting when more folks could attend and give input & potential solutions). The Rescue Mission is not adequate shelter for many people for many reasons. This camping ban is cruel & inhumane and does nothing to help get homeless people into adequate shelter. Stop the camping ban and house the homeless. WE as a city need to think through this issue and come up with effective ways to get OUR homeless people HELP! Sincerely, M. Braxton Ph 540-589-8078 [EXTERNAL] Stop the Camping Ban! sherman.lea,trish.white-boyd, bill.bestpitch, Emily Dodson to: joseph.cobb, vivian.sanchez-jones, 12/03/2021 08:20 AM stephanie.moon, robert.jeffrey "Emily Dodson"<emilysdodson@gmail.com> To: sherman.lea@roanokeva.gov,trish.white-boyd@roanokeva.gov, bill.bestpitch@roanokeva.gov,joseph.cobb@roanokeva.gov, vivian.sanchez-jones@roanokeva.gov, stephanie.moon@roanokeva.gov, CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Roanoke City Counsel, I am writing to express my support to STOP the camping ban in Roanoke, Virginia. As someone who calls Roanoke home, I am deeply saddened to see this response to some of our most vulnerable residents. Adequate housing has been a major issue and concern in Roanoke for quite some time. Banning, fining, and criminalizing people who are unhoused is both inappropriate and immoral. I am requesting that you vote NO on the sidewalk camping ban ordinance. Thank you, Emily Dodson [EXTERNAL] Support for proposed ordinance to ban public camping sherman.lea@roanokeva.gov, Misty Lester Reed to: trish.white-boyd@roanoke.va.gov, 12/03/2021 11:21 AM bill.bestpitch@roanokeva.gov, "Misty Lester Reed"<mistyrlester@yahoo.com> To: "sherman.lea @roanokeva.gov"<sherman.lea@roanokeva.gov>, "trish.white-boyd@roanoke.va.gov"<trish.white-boyd@roanoke.va.gov>, "bill.bestpitch@roa nokeva.gov"<bill.bestpitch@roanokeva.gov>, CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Good morning, My name is Misty Reed and I am a permanent downtown resident, as a homeowner at 145 Norfolk Ave. SW. My husband has previously written to you as council members, and has spoken at a council meeting, as has my neighbor NJ Kilby. I am also writing this morning to express my support of the proposed ordinance to ban camping on public property. Attached are a few videos and photos of the issues we as residents have dealt with for the past year from those sleeping beside our homes in tents provided by the Homeless Assistance Team. Most recently we were forced to obtain a trespassing warrant for an individual sleeping under the 2d Street Bridge who defecated ON the side of our home three times in one night—directly under our posted No Trespassing sign. We subsequently learned he was on probation for malicious wounding in Albemarle County. Other issues have included people using our outdoor outlets without permission;throwing drug paraphernalia on our roof and under our stairs; stealing items from our porch; attempting to open our doors; and recently I was accosted by a man telling me he had been "watching" and knew where my security cameras were and when I was at home alone. In addition, our 14 year old daughter attends Community High School downtown and she and other students have been approached in a threating manner by people on enough occasions that the school arranged a special meeting that I believe members of the City's Homeless Assistance Team participated in. We have had to call the police on numerous occasions to break up fights and incidents of domestic violence, along with fires set in the parking lot beside the cars of residents. EMS has been engaged when people were found to be non-responsive—and all of this before complications of cold weather have really even come into play. Not to mention the garbage and human waste that became a true nightmare, as you can see from the attached photos and videos. The city has stated that adequate shelter space is available, and if so, we fully support the proposed ordinance. People cannot continue to live and use the sidewalks and the homes of others as their bathrooms, charging stations,trash cans, and sleeping areas. We are not heartless. We do understand that there are mental illnesses and substance abuse issues at play here. We appreciate and support the work of the Rescue Mission and Least of These Ministries and many of us have volunteered and donated to them,and plan to continue to do so in hopes of better long term solutions. We appreciate the efforts of the Homeless Assistance Team. But we also don't want to walk outside and find someone dead of hypothermia either. If space is available for them then they need to be urged in every possible way to utilize those resources. In addition,the needs of the permanent residents simply cannot be ignored either. We have to be able to live as well. We invested in the city, and continue to do so with our taxes and by living, working, and supporting downtown businesses, and we need the city to invest in us as well. We will support long term solutions with our time and tax dollars to help those in need, but we need to be able to live and work here in the meantime without having our property vandalized. Thank you for your consideration, Misty Reed Sent from Mail for Windows F, ,; Woman urinating in view of residents-mp4.mp4 Man defecating on home video-mp4.mp4 Abandoned food from food pantry.JPG Collection.JPG Defecation in parking Iot.jpgHome defecation 1.JPG Home defecation 2.JPGTent collection of items 2.jpg [EXTERNAL] Downtown Roanoke Steve Bowery to; sherman.lea@roanokeva.gov 12/03/2021 11:54 AM "Steve Bowery"<steve.bowery@wstam.com> To: "sherman.Iea@roanokeva.gov"<sherman.Iea@roanokeva.gov> CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Downtown has really gone downhill the last year or so. Any reasonable person who has experience with downtown can see this. I had some partners in from Norfolk a couple of months ago, and they said Downtown Roanoke compares unfavorably to their city, which is a pretty embarrassing if you've ever been to Downtown Norfolk at night. Folks are going to stop coming downtown for dinner and entertainment, and the city is going to take a big hit on meals and other business taxes. I was having a drink outdoors with a friend at Three Notched a month or so ago and had the displeasure of watching a homeless person defecate on the wall outside the Roanoke Weiner Stand. I have a picture of this if you'd like to see it. A friend of mine who works at First Citizens saw two homeless people engaging in a sex act outside the post office. Although I don't work for First Citizen's, I do rent space from them, and I'm going to move my business to Roanoke County unless this problem is fixed. I've spent countless hours and hundred's of thousands of dollars over the years to make downtown a nice place—I started the Roanoke Pinball Museum and had a hand in the other cutting-edge things Center in the Square has done the last few years. I'm starting to ask myself why I even bother. I've also given heavily to TAP and the Rescue Mission. It's my understanding that there is space at the Rescue Mission—the problem is the people on the street don't want to follow the rules there.They need tol Thanks, Steve Bowery Disclaimer: The information contained in this electronic mail message, including any attachments, may be privileged and/or confidential and is intended solely for the use of the intended recipient(s). Unauthorized interception, review, use, disclosure or distribution of this electronic mail message and/or any information contained therein by any other person is strictly prohibited. If you are not the intended recipient please contact the sender by replying to this message. Wilbanks, Smith & Thomas Asset Management, LLC reserves the right to monitor and retain electronic correspondence. [EXTERNAL] "Camping Ban" Maria Motley-Arnold to: sherman.lea 12/03/2021 01:45 PM "Maria Motley-Arnold"<maria.motley@gmail.com> To: sherman.lea@roanokeva.gov CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Good afternoon Mayor Lea, I am emailing you regarding the camping ban proposed by the city council. We as a community need to provide support for some of the most vulnerable residents in Roanoke (homeless people). Please that vote NO on the sidewalk camping ban ordinance. Criminalizing poverty is not the answer. The Rescue Mission is not adequate shelter for many people for many reasons. This camping ban is cruel & inhumane and does nothing to help get homeless people into adequate shelter. Stop the camping ban and house the homeless. "If among you, one of your brothers should become poor, in any of your towns within your land that the Lord your God is giving you, you shall not harden your heart or shut your hand against your poor brother, Deuteronomy 15:7 ESV Thank you, Maria Motley-Arnold 630-632-2049 [EXTERNAL] Three Notch'd Brewing: Support of Street Camping Ordinance vivian.sanchez-jones, Stephanie Moon, Emily Laney to: robert.jeffrey, joseph.cobb, bill.bestpitch, 12/03/2021 02:58 PM trish.white-boyd, sherman.lea fi "Emily Laney"<emilyl@threenb.com> To: vivian.sanchez-jones@roanokeva.gov, "Stephanie Moon"<stephanie.moon@roanokeva.gov>, robert.jeffrey@roanokeva.gov,joseph.cobb@roanokeva.gov, bill.bestpitch@roanokeva.gov, trish.white-boyd@roanokeva.gov,sherman.lea@roanokeva.gov CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Good Afternoon, My name is Emily Laney, the General Manager of Three Notch'd Brewing at the corner of Campbell and Wall Street in Downtown. I have spoken with some you in the past and for that I thank you. I wanted to formally reach out in support of the Street Camping legislation that is coming up for vote at Monday's Council Meeting. Our business is impacted daily and negatively by the congregation of folks living in inappropriate areas Downtown. I very much appreciate the way Roanoke has compassionately handled this issue in the past and hope that the city continues to use that same compassion in the future. However, there must be balance between all of the stakeholders in the downtown business district. I am happy to provide more detailed accounts of the impacts per your request. Thank you, Emily Laney Emily Laney General Manager emilylLa threenb.com Office: 540.492.5005 Direct: 757.615.5478 ThreeNotchdBrewing.com [EXTERNAL] Ordinance on Camping Downtown Dave Trinkle to: Sherman.Lea@roanokeva.gov 12/03/2021 03:11 PM "Dave Trinkle"<dbtrinkle@gmail.com> To: "Sherman.Lea@roanokeva.gov"<Sherman.Lea@roanokeva.gov> CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Hey Sherman- Hope all is well. Know things are different for you for these holidays, you and your family remain in our thoughts! I did want to reach out in strong support of the ordinance prohibiting camping on streets, sidewalks, public rights of ways, etc. I have recently travelled through Oregon and California and cannot believe how devastated many of those communities are due to inaction and inappropriate attempts at helping which end up only enabling and attracting more of the same problem and thus making the problem much worse. This has ruined businesses, communities and individuals; and increased taxes which in turn cause more loss of working populations and thus more closing of businesses. Homelessness is a significant and long term issue for most communities. There has never been, despite many interventions and attempts over decades, a solution to this issue that really works for most. The best approach is compassionate intervention on an individual basis-which Roanoke, esp with street teams, is doing really well along with many other interventions and orgs participating. As a psychiatrist, with over three decades of experience, I know there are and always will be those in need that refuse any intervention that makes a real change,but only accept enabling interventions such as money or food or drugs and alcohol or a tent now. One by one, a few really do change and accept life changing interventions. However, there will always be some that just want their way of life on the streets, that have mental illness or substance abuse that they do not, as of yet, want to give up. There will always be a part of our society that has "opted out" and will not respond to us imposing our values- such as they need shelter, food, warmth- on them. This is unfortunate, but well described in the literature. They need compassionate help one by one, you need to know the person to ultimately help them. There is no blanket fix to the homeless issue, but there are blanket enabling interventions that especially in the case of allowing tents and camping in our downtown not only won't help the individual but will drastically harm the community as a whole. As a downtown business owner, I can give multiple examples of harassment,blocking of entrances, running of customers out of the restaurant, screaming and scaring customers- esp out of town customers that didn't know what to expect when coming downtown for entertainment. Most of this comes from the homeless community or those that portray homelessness to make money. Of course there are also the bad actors hurting the safety of downtown but we have continually documented to police (usually via calls as they often do not come) that the majority of day or night issues are coming from homeless folks assaulting our staff and customers. Communities out west are actually imposing a homeless tax on downtown businesses to support enabling interventions such as port-o-johns, large tents, showers, outdoor meal centers, heaters etc. Please do not take our community down this path by enabling and encouraging this dangerous behavior by not passing the proposed no camping ordinance in downtown. In summary- city administration has done an incredible job writing a workable ordinance. If it is not passed it will add to the already growing issue of violence downtown (a separate but related issue), lack of customers, lack of policing, and poor quality of experiences in our vital (used to be)beautiful historic downtown. Issues are growing daily and there are multiple issues in addition to this one that will need to be addressed soon. Violence and confrontations now happen in the daytime, not just at night. We have been closing at midnight for over a year and now there are discussions of closing much earlier. Our newest and biggest concern is safety for our staff-now all day long with frequent verbal and physical confrontations from the homeless population. These confrontations especially happen as our staff close and leave or come and open up as early as Sam. This is not sustainable for our business and probably not for most others. Also- fyi- I support the well written ordinance on scooters. I am more than happy to talk with you on the phone or in person as you want! As a prior councilman, I am already having flashbacks about how many speakers will show up Monday December 6th, so I thought you would appreciate that I just email! Thanks for reading and stay in touch! Dave Thanks, Dave Trinkle NEW ADDRESS 2509 Crystal Spring Avenue Roanoke, Va. 24014 540-314-8875 [EXTERNAL] Upcoming vote on the City"camping ban" sherman.lea, trish.white-boyd, bill.bestpitch, Mat Peery to: joseph.cobb, vivian.sanchez-Jones, 12/03/2021 03:21 PM stephanie.moon, robert.jeffrey "Mat Peery"<mat.p ee ry@gmail.com> To: sherman.lea@roanokeva.gov,trish.white-boyd@roanokeva.gov, bill.bestpitch@roanokeva.gov,joseph.cobb@roanokeva.gov, vivian.sanchez-jones@roanokeva.gov, stephanie.moon@roanokeva.gov, CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Mayor Lea and City Council Members, I am writing to you regarding the upcoming vote on the City's proposed ordinance to ban camping and to urge you to vote No on this atrocious and shameful piece of legislation. It is a cruel treatment for some of the most disadvantaged and disenfranchised of our citizens. Furthermore, it promotes an ongoing hostility against these folks -many of whom are in this position through no fault of their own. I no longer enjoy being downtown and watching the behavior of local businesses and generally cannot continue to eat, drink, or shop where people are being abused, whether openly or simply by signs on the front door. This ordinance is bewildering, coming as it does from a City presenting itself in all other ways as open, tolerant, inclusive, and progressive. Don't throw that image away on the whims of the business community downtown. The solution to homelessness is not to criminalize these people- it is to HOUSE them. The current options for shelter are limited and often not viable for many. Passing this ordinance and adding to these problems by imposing a fine only forces these folks into an even worse situation. Please vote No on this ordinance and commit yourselves to finding a proper path to a City that everyone can be proud of. Thank you, Mat Peery Patterson Avenue Page 1 of 1 Fw: [EXTERNAL] I support the proposed ordinance to prohibit sleeping on downtown sidewalks Stephanie Moon to: Cecelia Webb 12/05/2021 02:52 PM Hide Details From: Stephanie Moon/Employees/City_of Roanoke To: Cecelia Webb/Employees/City_of Roanoke@City_of Roanoke Please print for the record. The Clerk was not copied. Stephanie M. Moon Reynolds Roanoke City Council (540) 580-2176 (cell) stephanie.moon@roanokeva.gov -----Forwarded by Stephanie Moon/Employees/City_of_Roanoke on 12/05/2021 02:51PM ----- To: "sherman.lea @roanokeva.gov" <sherman.lea @roanokeva.gov>, "trish.white-boyd@roanokeva.gov" <trish.white-boyd@roanokeva.gov>, "bill.bestpitch@roanokeva.gov" <bill.bestpitch@roanokeva.gov>, "joseph.cobb@roanokeva.gov" <joseph.cobb@roanokeva.gov>, "robe rt.jeffrey@roanokeva.gov" <robert.jeffrey@roanokeva.gov>, "stephanie.moon@roanokeva.gov" <stephanie.moon @roanokeva.gov>, "vivian.sanchez-jones@roanokeva.gov" <vivian.sanchez-jones@roanokeva.gov> From: "Rick Parrish" <rickparrish@protonmail.com> Date: 12/05/2021 07:55AM Subject: [EXTERNAL] I support the proposed ordinance to prohibit sleeping on downtown sidewalks CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Good morning all, I own a townhouse on the 100 block of Norfolk Ave. SW -- the block known as warehouse row or the row by the rail -- and I strongly support the proposed ordinance to prohibit sleeping on downtown sidewalks. My work schedule prohibits me from speaking at the city council meeting on Monday, so I hope that this email will suffice to register my position on this topic. I support this ordinance because of the havoc that the people living on downtown sidewalks have wreaked on residents like me. It is common for people living on the streets to: • Urinate and defecate on the sides of our homes or in other public places. . Throw food waste, sharp objects, and other trash on the ground in large quantities. . Set up dangerous barricades with the intention stopping others from passing through some public areas. . Have loud and often physically violent altercations throughout the night. • Verbally assault us and our children as we go about our daily lives. I agree with the city attorney and head of HAT that this ordinance will give the city a tool to restore a "balance of compassion" between people experiencing homelessness and residents, business owners, and visitors downtown. People experiencing homelessness have rights and deserve compassion --just as the people living and working downtown do. Until now, the law has allowed people experiencing homelessness to cause serious problems without consequence. Thank you for considering this ordinance. I look forward to a safer, cleaner, and more welcoming downtown Roanoke. Rick Parrish file:IHC:/Users/ctwebb/AppData/Local/Temp/notes 1 F89EC/—web 1727.htm 12/6/2021 Page 1 of 2 Fw: Proposed Ordinance Regarding Unhoused Populations Stephanie Moon to: Cecelia Webb 12/05/202102:53 PM Hide Details From: Stephanie Moon/Employees/City_of Roanoke To: Cecelia Webb/Employees/City_of Roanoke@City_of Roanoke For the record. Stephanie M. Moon Reynolds Roanoke City Council (540) 580-2176 (cell) stephanie.moon@roanokeva.gov -----Forwarded by Stephanie Moon/Employees/City_of_Roanoke on 12/05/2021 02:53PM ----- To: sherman.lea@roanokeva.gov, boyd@roanokeva.gov, bill.bestpitch@roanokeva.gov, joseph.cobb@roanokeva.gov, vivian.sanchez-jones@roanokeva.gov, stephanie.moon@roanokeva.gov, robert.jeffrey@roanokeva.gov From: "Jordan Fallon" <fjordan3@vt.edu> Date: 12/05/2021 10:45AM Subject: Proposed Ordinance Regarding Unhoused Populations CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Members of City Council, I cannot express to you how much it pains and embarrasses me, as a citizen of Roanoke as well as a new business owner located in downtown, to see the recent proposed ordinance to criminalize sleeping on the sidewalks as a response to the problem of unhoused populations. I am certainly aware of the issues which stem from the presence of our fellow citizens who sleep and camp on the sidewalks and I am not unsympathetic to the concerns of those who are bothered (some of which are very genuine and pressing issues), but it disheartens me to think that the municipal government prioritizes the discomfort—and, important practical and safety concerns (which I acknowledge) notwithstanding, if we are to be honest, this is what the bulk of most people's complaints about our unhoused population boils down to; mere discomfort—of its middle class denizens over the bleak social conditions which contextualize the existence of so many of the most vulnerable among us. Indigenous visitors who traveled to Europe shortly before the dawn of the Enlightenment were horrified by the backwards conditions they observed, in which people lived in dire poverty on the city streets. They were perplexed to imagine the kind of society would shirk its duty to take care of its own community. I ask you the same question—what kind of ethical maxim is to be suggested by the imperative to criminalize those living on the streets? Some of the more visible, and judging by the simplified, sociologically illiterate, and facile remarks offered publicly on the matterseemingly less informed, representatives of this proposal have dismissed the notion that this ordinance would enact harm or violate constitutional rights (though file:///C:/Users/ctwebb/AppData/Local/Temp/notes 1 F89EC/–web585 8.htm 12/6/2021 Page 2 of 2 I challenge you to visit the shelters and to see what amount and quality of space is typically available). They point to issues of accessible mobility and invoke the ADA for a sense of progressive duty, though a review of the city's extant forms of organization seems to suggest that this sense of duty has only recently emerged, thus making it appear as a cheap justificatory discourse rather than a principled commitment. These appeals, as well as the (currently vague to the point of hollowness) gestures toward alternative forms of aid for unhoused populations which seemingly could have already been installed prior to this civic moment, are unconvincing and smack of a managerial smugness and a flagrant sense of moral bankruptcy. I know some of these words are harsh and subsequently, they will likely be dismissed out of hand by many of those who read them, but the proposed ordinance is itself an unduly harsh, likely futile, and socially inept move which, in my mind, invites coarse redress. There are matters of great civic importance and I think it is more than appropriate to speak in ways which reflect the urgency of this moment. Much was made of the scandalizing suggestions made by former Mayor Bowers' previous remarks about refugees, and rightfully so. But, the current suggestions being considered are no less embarrassing, needlessly heartless, and uninspired. What a reputation to continue to cultivate. I am asking you not to vote for this proposed ordinance so that our city may respond to the problems of people sleeping in the street with solutions which are more resonant with contemporary research on homelessness. I am asking you to choose a model of governance which does not dispense with foundational commitments to humanistic ethics in favor of technocratic management, disciplinary punishment, and neoliberal aspirations for pure spaces of commerce. I am asking you to vote in favor of helping, through concrete and sustainable solutions, rather than criminalizing (and you cannot do both) our unhoused population. Jordan K Fallon file:///C:/Users/ctwebb/AppData/Local/Temp/notes 1 F89EC/—web5858.htm 12/6/2021 Page 1 of 2 Fw: [EXTERNAL] Please vote "amp;no" on sidewalk camping ban ordinance Stephanie Moon to: Cecelia Webb 12/05/2021 02:53 PM Hide Details From: Stephanie Moon/Employees/City_of Roanoke To: Cecelia Webb/Employees/City_of Roanoke@City_of Roanoke For the record. Stephanie M. Moon Reynolds Roanoke City Council (540) 580-2176 (cell) stephanie.moon@roanokeva.gov -----Forwarded by Stephanie Moo n/Employees/City_of_Roanoke on 12/05/2021 02:53PM ----- To: sherman.lea@roanokeva.gov, trish.white-boyd@roanokeva.gov, bill.bestpitch@roanokeva.gov, joseph.cobb@roanokeva.gov, vivian.sanchez- jones@roanokeva.gov, stephanie.moon@roanokeva.gov, robert.jeffrey@roanokeva.gov From: "Anne Lusby-Denham" <anneunitypoet@cox.net> Date: 12/05/2021 12:49PM Subject: [EXTERNAL] Please vote "no" on sidewalk camping ban ordinance CAUTION: This email originated from outside your organization . Exercise caution when opening attachments or on clicking links from unknown senders . Dear City Council members, We are writing to express our support for some of the most vulnerable residents in Roanoke, the homeless, and ask that you vote "no" on the sidewalk camping ban ordinance, or table this until more people could attend and give input and offer potential solutions for the homeless . The Rescue Mission is not adequate shelter for many people for many reasons . This camping ban is inhumane and does nothing to help get homeless people into adequate shelter. We all know that homeless people do not have the money to pay fines, which would be further punishment for being poor . Please stop the camping ban and allow members of the community to offer their ideas of how the City Council can help the homeless . We are aware that more monetary resources are forthcoming to Roanoke through the American Rescue Fund and some of these funds should be used to assist the homeless as well as rebuilding community resources in Northwest Roanoke where our citizens most vulnerable to poverty live . file:///C:/Users/ctwebb/AppData/Local/Temp/notes 1 F89EC/—web8092.htm 12/6/2021 Page 2 of 2 Sincerely, Anne Lusby-Denham Rev. David Denham Sent from my iPhone file:///C:/Users/ctwebb/AppData/Local/Temp/notes 1 F89EC/—web8O92.htm 12/6/2021 Page 1 of 1 Re: [EXTERNAL] Downtown Roanoke Bill Bestpitch to: Steve Bowery 12/03/2021 12:19 PM Cc: City Clerk's Office Hide Details From: Bill Bestpitch/Employees/City_of Roanoke To: "Steve Bowery" <steve.bowery@wstam.com> Cc: City Clerk's Office Thanks,Steve.I am copying the City Clerk on this reply to ensure that your comments are made a part of the record for the meeting on this ordinance. Bill Bestpitch Roanoke City Council 540-761-6566 On Dec 3,2021, 11:56:32,steve.bowcry(ai wstam.com wrote: From: steve.bowery(a;wstam.com To: bill.bestpitch(groanokeva. Cc: Date: Dec 3,2021, 11:56:32 Subject: [EXTERNAL]Downtown Roanoke CAUTION:This email originated from outside your organization.Exercise caution when opening attachments or on clicking links from unknown senders. Downtown has really gone downhill the last year or so.Any reasonable person who has experience with downtown can see this. I had some partners in from Norfolk a couple of months ago,and they said Downtown Roanoke compares unfavorably to their city,which is a pretty embarrassing if you've ever been to Downtown Norfolk at night. Folks are going to stop coming downtown for dinner and entertainment, and the city is going to take a big hit on meals and other business taxes. I was having a drink outdoors with a friend at Three Notched a month or so ago and had the displeasure of watching a homeless person defecate on the wall outside the Roanoke Weiner Stand. I have a picture of this if you'd like to see it. A friend of mine who works at First Citizens saw two homeless people engaging in a sex act outside the post office. Although I don't work for First Citizen's, I do rent space from them,and I'm going to move my business to Roanoke County unless this problem is fixed. I've spent countless hours and hundreds of thousands of dollars over the years to make downtown a nice place—I started the Roanoke Pinball Museum and had a hand in the other cutting-edge things Center in the Square has done the last few years. I'm starting to ask myself why I even bother. I've also given heavily to TAP and the Rescue Mission. It's my understanding that there is space at the Rescue Mission —the problem is the people on the street don't want to follow the rules there.They need to! Thanks,Steve Bowery Disclaimer:The information contained in this electronic mail message,including any attachments,may be privileged and/or confidential and is intended solely for the use of the intended recipient(s).Unauthorized interception,review,use,disclosure or distribution of this electronic mail message and/or any information contained therein by any other person is strictly prohibited.If you are not the intended recipient please contact the sender by replying to this message.Wilbanks,Smith&Thomas Asset Management,LLC reserves the right to monitor and retain electronic correspondence. file:///C:/Users/cfmccoy/AppData/Local/Temp/notes56C3C9/—webO438.htm 12/6/2021 Page 1 of 2 Fwd: [EXTERNAL] Proposed No Camping Ordinance in Downtown Stephanie Moon to: Cecelia Webb 12/06/2021 10:37 AM Hide Details From: Stephanie Moon/Employees/City_of Roanoke To: Cecelia Webb/Employees/City_of Roanoke@City_of Roanoke Please print for the record. Sent from my iPhone using HCL Verse On Dec 6,2021, 8:28:00 AM,ell iot(ttcitymarketbuilding.coin wrote: From: elliot 2�citymarketbuilding.com To: trish.white-boyd(c-eroanokeva.gov, bill.bestpitch(droanokeva.gov, ioseph.cobb(a)roanokeva.gov, robert.ieffrey(d,;roanokeva.gov, stephanic.moon a roanokeva.gov,vivian.sanchez-iones(d%roanokeva.gov Cc: Date:Dec 6,2021, 8:28:00 AM Subject: [EXTERNAL]Proposed No Camping Ordinance in Downtown CAUTION: This email originated from outside your organization.Exercise caution when opening attachments or on clicking links from unknown senders. Dear Members of City Council, As the Executive Director of the Market Building Foundation,representing many varied downtown restaurants and one retail tenant,I am asking that you support the recently proposed sidewalk ordinance that aims to reduce the prevalence of the unsheltered population camping on city sidewalks. I know that this is a complex issue and I believe that criminalizing homelessness will not break the cycle; and yet,our tenants are facing significant issues that have hindered their businesses in an already difficult climate for small independent restaurants. These experiences have directly contributed to declines in traffic,health and safety concerns for our tenants and their patrons,and reports from customers who feel they can no longer safely shop or eat downtown. While our tenants have directly told me about experiences they've had recently,which include robbery,public defecation, public intoxication,and drug use. I have also witnessed these actions through our camera system and in person while downtown. Just two weeks ago a tenant called the police after a person was camping in front of their business door. The individual refused to leave when asked with compassion and kindness. Upon checking our cameras later that day,I observed the individual drinking alcohol at the door before the business opened for the day. That is not a welcome sight for customers during their morning commutes. Additionally,defecation and urination on Market Building restaurant patios is an almost weekly occurrence. file:///C:iUsers/ctwebb/AppData/Local/Temp/notes 1F89EC/—web5018.htm 12/6/2021 Page 2 of 2 Working downtown gives me the opportunity to meet and interact with our population experiencing homelessness. I know many of these folks by name. I also know from personal experiences that the majority of the issues our tenants are experiencing are caused by a percentage of the individuals camping on sidewalks downtown. I appreciate the calls by many in our community to put ourselves in the shoes of another and I empathize greatly with the unmeasurable challenges that spawn and perpetuate homelessness.I also ask others to consider the experiences of those of us working and living downtown whose personal safety and livelihoods are increasingly at risk. I believe a vote in favor of this ordinance would send a strong message to the citizens of our community that City Council is acting decisively to create a safer environment to shop and dine with our businesses. Inaction on this issue will ultimately result in continued issues that force small businesses to suffer or leave. As you know,similar ordinances are already in effect,and working well,across our city and this one action is only part of an extremely comprehensive strategy to thoughtfully transition the unsheltered population to temporary and permanent housing solutions,of which there are many. Criminalization is not the answer,but lawfully removing individuals from unsafe locations will open doors and opportunities for long-term assistance. Fighting to end homelessness is a community effort.Please stand with the community on this issue and take action. Thank you for your consideration, Elliot Broyles Executive Director Market Building Foundation C)540-293-4653 file:///C:/Users/ctwebb/AppData/Local/Temp/notes IF 8 9EC/—web5 018.htm 12/6/2021 Re: [EXTERNAL] No Camping Ordinance Bill Bestpitch to: Jason Martin 11/30/2021 02:27 PM Cc: City Clerk Bill Bestpitch/Employees/City-of-Roanoke To: "Jason Martin"<jmartl 175@gmail.com> Cc] City Clerk/Employees/City_of-Roanoke@City-of-Roanoke Bill Bestpitch Re:(EXTERNAL) No Camping Ordinance Thanks, Jason. I am copying the City Clerk on this reply to ensure that your comments are made a part of the record for the meeting on the ordinance. Bill Bestpitch Roanoke City Council 540-761-6566 On Nov 30, 2021, 2:15:14 PM, jmart1175@gmail.com wrote: From: jmart1175@gmail.com To: bill.bestpitch@roanokeva.gov Cc: Date: Nov 30, 2021, 2:15:14 PM Subject: [EXTERNAL] No Camping Ordinance CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Hello Councilman Bestpitch, I would like to weigh in on the upcoming Roanoke City Council vote on the proposed ordinance to make camping on downtown sidewalks illegal. As a citizen of the City of Roanoke and a long standing business owner and operator in Downtown Roanoke, I feel that I should share with you my thoughts on this matter. At my restaurants, Martin's Downtown (open since 2005) and Sidecar(open since 2020), 1 have always tried to contribute and have a positive impact on the Downtown Roanoke experience. We have participated in many festivals and events on the streets of Downtown Roanoke as a food vendor. Microfestivus, The Blue Ridge Marathon, Deschutes Street Pub, Down By Downtown and Kirk Fest to name a few. I have also orchestrated and held over 20 of my own outdoor events held in the streets of Downtown Roanoke just outside of the restaurant. Furthermore, we have outdoor dining on the sidewalks in front of both restaurants. These events and the outdoor dining are vital to my business' financial stability. I employ over 40 people. Their financial stability depends on my financial stability. I have long term leases in place. There is a tremendous amount riding on this decision for all involved. I feel like the homeless camping is compromising the downtown experience and the long term effect is going to be very detrimental. I currently have homeless camps directly across the street and in view of my outdoor dining areas. The camp has a mattress and a bucket along with various trash items and is very unsanitary and creates an unsavory view for any of my outdoor dining patrons. We can not allow this to continue and need to put an end to this now. I ask that you please vote to pass the ordinance effectively banning camping on the downtown sidewalks. Please feel free to reach out to me anytime if you have any questions about where I stand on this matter. I thank you for your consideration, time and attention to the matter and your service to this City, it's citizens and local business owners. Jason Martin Director of Operations Martin's Downtown 413 1st St. SW I Roanoke, VA 24011 MartinsDowntown.com I Amartinsdowntown I #martinsrocks Sidecar 411 1st St. SW I Roanoke, VA 24011 SideCarVA.com I a,sidecarva I #sidecareuro Good afternoon, Mayor Lea, Council Members, and others. My name is NJ Kilby. I live at 129 Norfolk Avenue SW. My neighbors and I live in the colorful warehouses, close to the big rocket at The Transportation Museum, and directly beside the southern end of the 2nd Street Bridge. I'm here today, because we need your help, and we're asking for your help, in finding a realistic solution regarding the unsheltered people who frequently camp, right outside our front doors, beneath the Bridge. I spent a huge chunk of my life savings to renovate my warehouse and for these past 6 years, my neighbors & I have had no experiences with any homesteading beneath the Gainesboro Bridge. Well, that all changed this year, starting around May, when a man set-up a tent, there. It didn't bother us at first. He seemed harmless, quiet, & fairly tidy. We figured he'd eventually leave. He didn't leave. Over the summer, he began hoarding furniture, & other random items. A number of lady-friends followed, sleeping, presumably inside, but obviously outside, the tent. Eventually, other tent-dwellers moved-in beneath the Bridge. At one point, by late summer, we had 4 tents, & as many as 10 people, right outside our doors. So, why should we care? It's because my neighbors & I do have a sense of humanity. The citizens in our little row are highly compassionate. We care about the health & safety of the unsheltered, as well as our own health & safety. No one should be living outside, in even a semi- permanent dwelling, especially in freezing temperatures, without access to clean water, & toilets. We're perplexed as to why The City, by- way-of the Homeless Assistance Team, is providing tents, without providing an adequate place to pitch the tents, & without providing access to running water & toilets. We understand that some shelter is better than no shelter, but band-aid solutions are not realistic, long- term solutions. Meanwhile, we, the nearby homeowners, are involuntarily forced into the role of caretakers, & monitors. We are the ones who have had to call the RPD dozens of times, because of suspicious & illegal activity, loud noises, or outright brawls. We are the ones who have had to install security cameras. We are the ones who have had to clean-up garbage, & discarded food. We are the ones who had to call to report a fire, when one angry tent-dweller set-ablaze a pile of his girlfriend's clothing. We are the ones who are kept awake when the folks outside our doors decide to throw raucous tailgate-style parties. Our friends & family, nearby renters, & the general public, frequently use the parking spaces under the Bridge. No one feels comfortable parking there, when there are homesteaders, just 3 feet away from their vehicles, & especially not, after dark. We've witnessed items, thrown from tents, hitting parked vehicles. Eventually, we found-out why the original tent-dweller, who lived under the Bridge for some 4 months, seemed so tidy. According to the man who owns a nearby apartment building, the tent-dwellers were placing their defecations into his trash & recycling bins. Later, open-air defecation was evident. My neighbors, who have security cameras, recorded one individual defecating behind their home, & actually on their home, 3 times in one night. These neighbors did swear-out a warrant against this individual, & found-out he is on probation for stabbing someone in Charlottesville. A recent article in the newspaper seemed to focus more on a heartwarming love story between two unsheltered people, rather than describing the reality of the situation. In reality, we're dealing with serious mental health issues, serious addiction issues, & in some cases, outright criminals. This problem is too burdensome & dangerous for us, as homeowners, to handle. We need your help. We've heard some talk, that a new ordinance is being considered which would make it unlawful to camp on City property, similar to the prohibition on camping in City parks. If that's true, I'm here to advocate for that ordinance. Last month, my dear friend & neighbor spoke to you regarding this problem. He mentioned that literally every weekend, & numerous weekdays, professional photographers are out, in front of our homes, taking photographs. They are using our row as a prime location for wedding photos, prom photos, and professional headshots. We see our warehouses featured in artwork at local art shows, & showcased in marketing materials that welcome people to the City. Over the past few years, we've seen a beautiful transition taking place. We now see families with baby carriages strolling out-back. We see elderly tourists from out of town; bicyclers; skateboarders; folks on scooters; & joggers. Our little neighborhood has become an attraction, & an asset, for The City, but that won't last, without a solution. Already the owners of a nearby apartment building have told me that prospective renters are turned-off by the tents. The manager of a nearby business mentioned to me that they may not renew their lease, because of the encampments. Yes, of course we're worried about protecting the neighborhood we've built, & all that we've invested in our homes, but we're also heartbroken that human beings are living on the concrete, outside our windows. The folks in our row have already had an in-depth discussion with our Community Resource Officer. We've been in nearly constant contact with HAT. We've talked to the VDH. We've even contacted AEP to try to set-up replacements for the numerous burned-out street lamps all around us, & around the Transportation Museum. Yes, we've had less of a problem since first-frost, but that doesn't mean the problem has ceased, or that it won't grow, during warm weather, next year. Please help us. Thank you. Mr. NJ Kilby [EXTERNAL] Clerk's Copy of Remarks from Public Comment on Public r Camping Amendments David Garland to: mayor 12/07/2021 08:27 AM "David Garland"<dwgarland@zoho.com> To: "mayor"<mayor@roanokeva.gov> Please respond to dwgarland@zoho.com History: v � This message has been replied to.� J David Garland [EXTERNAL] Clerk's Copy of Remarks from Public Comment on Public City Clerk Thank you, Mr. Gar/and. l will place your remarks In our perma CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. In an effort to reduce my original remarks below 3 minutes, I revised my original remarks, which I did not give to the clerk at the Council meeting yesterday. Below are my revised public comments, essentially as delivered to Council yesterday, in support of the public camping amendments, for addition to materials from yesterday's meeting. David Garland Comments to Roanoke City Council Regarding Limitations on Unapproved Public Camping Monday, December 6, 2021 (Revised to approximately 3 minutes) I speak in favor of the proposal to further limit unauthorized camping in public. I also recommend strengthening the changes, and suggest that the amendments merely improve enforcement options, and do not really change public policy against unapproved camping, whether public or private. I favor the proposed amendment, but it doesn't go far enough. If Council approves what has been proposed, then I advocate consideration of additional changes as soon as practical. If a vote is delayed today, I propose strengthening it before it is voted upon. The problem is that the proposal addresses only sidewalks and rights of way within the Downtown Service District... a very small part of the city. Camping without approved facilities is not only happening downtown. It occurs near the airport,by the river, and in other places. The biggest problem is not that it occurs downtown on sidewalks, although that is important too. It is that it is typically unsanitary, generates unmanaged trash, and creates a nuisance. Especially near open water or other people. To focus only on Downtown is limited, and could simply migrate the problem to other parts of the city. The City Manager's backgrounder brings up a 9th Circuit federal case, Martin v. Boise, to suggest that the city cannot entirely ban homeless camping in public. While 9" Circuit decisions, which are frequently obtuse and bizarre, are not binding here in the 4th Circuit, the city could nonetheless strengthen nuisance abatement consistent with the Martin case and also address the problem more generally throughout the city, without creating a total ban. My proposal is this: Prohibit unapproved public property camping within 200 feet of open waters such as the Roanoke River and its tributaries and feeders, and also within 50 feet(or some other reasonable distance) of any improved private residential property, or any improved business property intended for regular human occupancy, public visitation, or congregation, or something along those lines. A prohibition within 200 feet of open water is consistent with national park and land management guidelines for primitive camping on federal lands, to protect waterways from unmanaged waste and runoff. A prohibition within 50 feet of private improved spaces or business activities is consistent with traditional concerns about sanitation, pests, hazards, and aesthetics that drive zoning and building regulations generally. To a large extent, the notion of an ordinance to ban unapproved public camping is redundant. The law—already- bans it by the general regulation of habitation, sanitation, and congregations of people, public or private. Most of the time, homeless camping does not provide for human waste or waste water associated with daily living. Both state law and the Roanoke City Code regulate and typically prohibit homeless camping through regulations regarding construction and occupancy(Chapter 7), discharge into storm drains (Chapter 11), unlawful waste/litter(Chapter 14), health and sanitation(Chapter 15), sewers and sewage disposal (Chapter 26), and zoning(Chapter 36.2). Violations in some of those instances are Class 1 misdemeanors. Ordinance 26-2 essentially echoes state law requiring approved sewage disposal for any habitation, business, or congregation of people, whether or not overnight, and makes ongoing violations a Class 4 misdemeanor. Ordinance 15-8 creates in the local health director a public duty to discover and abate sanitary nuisances. It also gives police officers a duty to report unsanitary conditions that are a health nuisance, and makes it a class 4 misdemeanor to maintain such an unsanitary situation. But existing laws and regulations lack a good mechanism for enforcement with respect to homeless encampments. The applicable laws and regulations operate through health officials, city inspectors, various notices, and so on. The proposed amendments improve the ability of police to directly respond, and to do so in situations that do not involve typical habitations or structures. Thank you. David Garland (Roanoke City) Page 1 of 2 [EXTERNAL] Sidewalk Camping Ordinance Kiesha Preston to: sherman.lea 12/03/202103:11 AM Hide Details From: "Kiesha Preston" <knicolepreston@gmail.com> To: sherman.lea@roanokeva.gov Security: To ensure privacy, images from remote sites were prevented from downloading. Show Images CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Mayor Lea, I know that in the coming days you have important decisions to make regarding our city's houseless population (I will not call them homeless, because Roanoke is their home) and how Roanoke chooses to address them; and because I am doubtful that many people who are sleeping on the streets were brought to the table as stakeholders in this matter; I am reaching out to you, and other members of City Council, in hopes of giving you a better idea of exactly who it is sleeping on the sidewalks and how they will be impacted should you vote yes to the proposed ordinance. One of the people you might find out there any given night is a loved one of mine. He has struggled with addiction in the past and has spent large chunks of his life behind bars as a result of nonviolent drug related offenses. Because of his conviction history, he has struggled off and on with finding employment that pays him enough to afford housing. As of today, he has been clean and sober and has stayed out of trouble for nearly 15 years and while a person's sobriety, or lack thereof, should not be a determining factor as to whether or not they deserve a place to live, I bring these things up because they are major and difficult accomplishments that could easily be undone by the criminalization of sidewalk camping. Many people who have loved ones who are unhoused and sleeping on the streets, get questions like, "why haven't you and your family helped? Or"why don't they just go to a shelter?" And as someone with firsthand knowledge of these issues I would very much like to address them. Most people are helping their loved ones to the extent that they are able to by providing meals and paying for hotel rooms when they can. Most of us would be more than happy to take our loved ones in ourselves, but as I'm sure you're aware, when you're a renter, there are strict rules about housing people who are not on the lease. Doing so, especially if you reside in public housing, can cause you to lose your own housing and then everyone is out on the street. As for shelters, people like my loved one who have conviction and drug use histories have limited employment options and are working hard to remain clean. Many of the jobs that they are able to obtain have schedules that prevent them from getting off work in time to find a bed, or that make it difficult to comply with curfew rules. In addition, a shelter environment where you are in close quarters with other people and have no control over who else is there, is a perfect storm fora relapse. Seeing familiar faces from drug using days with the inability to leave, or being surrounded by other people who might currently be struggling makes staying clean, an already difficult task, that much more challenging. For my loved one and many others like him, opting out of going to shelters is a deliberate choice to avoid circumstances that could quickly send someone who has struggled with addiction back into a downward spiral. file:///C:/Users/cfmccoy/AppData/Local/Temp/notes56C3 C9/—web l 703.htm 12/9/2021 Page 2 of 2 Fining them for being without housing does not help. Jailing them for being without housing does not help. Forcing them into a situation that could trigger relapse, does not help, and I implore you and other members of council to explore other options that solve the problem and cause the least amount of harm without criminalizing people for being poor. They shouldn't be treated as eyesores or blight that need to be removed. They're human beings and they deserve to be treated as exactly that; nothing less. Every member of council has made statements about equity at some point in time. Voting yes to an ordinance that would harm a group of people who are already struggling, to appease complaints from more privileged individuals who don't want to look at them, is not equitable. This problem needs to be solved, 100% but making things harder for the unhoused is not a solution. There are plenty of people in Roanoke city who would love to work with you to find better options. I ask that you give us that opportunity and vote no to the criminalization of sidewalk camping. Kiesha Nicole Preston (She/Her) Policy AdvocateIPublic Speaker) "Well behaved women seldom make history" m: (540) 632-8191 e: KNicolePreston(a_gmail.corn PO Box 6519 Roanoke, Va 24017 1 r I file:///C:/Users/cfmccoy/AppData/Local/Temp/notes56C3 C9/—web 1703.htm 12/9/2021 Page 1 of 2 CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. [EXTERNAL] Clerk's Copy of Remarks from Public Comment on Public Camping Amendments David Garland to: mayor 12/07/202108:27 AM Hide Details From: "David Garland" <dwgarland@zoho.com> To: "mayor" <mayor@roanokeva.gov> Please respond to dwgarland@zoho.com In an effort to reduce my original remarks below 3 minutes, I revised my original remarks, which I did not give to the clerk at the Council meeting yesterday. Below are my revised public comments, essentially as delivered to Council yesterday, in support of the public camping amendments, for addition to materials from yesterday's meeting. David Garland Comments to Roanoke City Council Regarding Limitations on Unapproved Public Camping Monday, December 6, 2021 (Revised to approximately 3 minutes) I speak in favor of the proposal to further limit unauthorized camping in public. I also recommend strengthening the changes, and suggest that the amendments merely improve enforcement options, and do not really change public policy against unapproved camping, whether public or private. I favor the proposed amendment, but it doesn't go far enough. If Council approves what has been proposed, then I advocate consideration of additional changes as soon as practical. If a vote is delayed today, I propose strengthening it before it is voted upon. The problem is that the proposal addresses only sidewalks and rights of way within the Downtown Service District... a very small part of the city. Camping without approved facilities is not only happening downtown. It occurs near the airport, by the river, and in other places. The biggest problem is not that it occurs downtown on sidewalks, although that is important too. It is that it is typically unsanitary, generates unmanaged trash, and creates a nuisance. Especially near open water or other people. To focus only on Downtown is limited, and could simply migrate the problem to other parts of the city. The City Manager's backgrounder brings up a 9th Circuit federal case, Martin v. Boise, to suggest that the city cannot entirely ban homeless camping in pu ic. While 9th Circuit decisions, which are frequently obtuse and bizarre, are not binding here in the 4th Circuit, the city could nonetheless strengthen nuisance abatement consistent with the Martin case and also address the problem more generally throughout the city, without creating a total ban. My proposal is this: Prohibit unapproved public property camping within 200 feet file:///C:/Users/cfmccoy/AppData/Local/Temp/notes56C3C9/—web2662.htm 12/9/2021 Page 2 of 2 of open waters such as the Roanoke River and its tributaries and feeders, and also within 50 feet (or some other reasonable distance) of any improved private residential property, or any improved business property intended for regular human occupancy, public visitation, or congregation, or something along those lines. A prohibition within 200 feet of open water is consistent with national park and land management guidelines for primitive camping on federal lands, to protect waterways from unmanaged waste and runoff. A prohibition within 50 feet of private improved spaces or business activities is consistent with traditional concerns about sanitation, pests, hazards, and aesthetics that drive zoning and building regulations generally. To a large extent, the notion of an ordinance to ban unapproved public camping is redundant. The law -already- bans it by the general regulation of habitation, sanitation, and congregations of people, public or private. Most of the time, homeless camping does not provide for human waste or waste water associated with daily living. Both state law and the Roanoke City Code regulate and typically prohibit homeless camping through regulations regarding construction and occupancy (Chapter 7), discharge into storm drains (Chapter 11), unlawful waste/litter (Chapter 14), health and sanitation (Chapter 15), sewers and sewage disposal (Chapter 26), and zoning (Chapter 36.2). Violations in some of those instances are Class 1 misdemeanors. Ordinance 26-2 essentially echoes state law requiring approved sewage disposal for any habitation, business, or congregation of people, whether or not overnight, and makes ongoing violations a Class 4 misdemeanor. Ordinance 15-8 creates in the local health director a public duty to discover and abate sanitary nuisances. It also gives police officers a duty to report unsanitary conditions that are a health nuisance, and makes it a class 4 misdemeanor to maintain such an unsanitary situation. But existing laws and regulations lack a good mechanism for enforcement with respect to homeless encampments. The applicable laws and regulations operate through health officials, city inspectors, various notices, and so on. The proposed amendments improve the ability of police to directly respond, and to do so in situations that do not involve typical habitations or structures. Thank you. David Garland (Roanoke City) file:///C:/Users/cfmccoy/AppData/Local/Temp/notes56C3C9/—web2662.htm 12/9/2021 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th day of December 2021. No. 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. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or his designee is hereby authorized, for and on behalf of the City, to execute a purchase and sale agreement and all other necessary documents, in a form approved by the City Attorney, providing for the sale and conveyance of the Property from 1414 Memorial, LLC to the City, to be used by City Departments to provide administrative office space, storage of program equipment and supplies, and opportunities for the development of programs along the river and greenway, for the sum of$600,000, and as more particularly stated in the City Council Agenda Report dated December 6, 2021. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. ATTEST: City Clerk. — - -- CITY OF ROANOKE OFFICE OF THE CITY ATTORNEY 464 MUNICIPAL BUILDING David L. Collins __.. 215 CHURCH AVENUE, SW Laura M. Carini - Douglas P. Barber Jr. ROANOKE,VIRGINIA 24011-1595 g Kelsey M. Durkin Timothy R. Spencer TELEPHONE 540-853-2431 Jennifer L. Crook City Attorney FAX 540-853-1221 Assistant City Attorneys EMAIL: cityatty@roanokeva.gov December 6, 2021 The Honorable Sherman P. Lea, Sr., Mayor and Members of City Council Re: Authorization for Execution of Purchase and Sales Agreement to Acquire Real Property Located at 1414 Memorial Avenue, S.W, Roanoke, Virginia, Tax Map No. 1230401 Dear Mayor Lea and Members of Council: 1414 Memorial, LLC is the owner of an approximately 106,752 square foot parcel of commercial real property located at 1414 Memorial Avenue, SW, Roanoke, Virginia, bearing Roanoke Official Tax Map No. 1230401 ("Property"). The Property is located on the site of the former Richardson-Wayland Company. The Property owner has placed the Property on the market for sale, and the City of Roanoke desires to acquire the Property for use by City departments, including and not limited to the City's Department of Parks and Recreation. If acquired, the intended use of the Property is to provide administrative office space, storage of program equipment and supplies, and opportunities for the development of programs along the river and greenway. The Property owner and City have negotiated the terms of a purchase and sale agreement for the City's acquisition of the Property. The purchase price to be paid by the City for the Property is $600,000. Upon execution of the sales agreement, the City is required to pay a $10,000 earnest money deposit, and has a 120 day feasibility period to conduct its due diligence review of the Property. During this feasibility period,the City may terminate the agreement for any reason and obtain a refund of the earnest money deposit paid. If the City's examination of the Property is satisfactory and the City desires to proceed to closing, closing must occur within 45 days of the expiration of the feasibility period unless such period is extended by the parties. For the above reasons, I recommend that City Council authorize the City Manager or his designee to execute a purchase and sales agreement with 1414 Memorial, LLC for the purchase of the Property, such agreement to be substantially similar in form to the agreement attached to this letter. All documents required for this transaction shall be approved as to form by the City Attorney. Sincerely, 7Tim y pencer fi ity Attorney c: Council Appointed Officers Robert S. Cowell, Jr., City Manager W. Brent Robertson, Assistant City Manager for Community Development Amelia Merchant, Director of Finance Michael Clark, Director of Parks and Recreation Drew Harmon, Municipal Auditor AGREEMENT FOR THE PURCHASE AND SALE OF REAL PROPERTY THIS AGREEMENT FOR THE PURCHASE AND SALE OF REAL PROPERTY ("Agreement")is made this day of .2021 ("Effective Date"), by and between 1414 Memorial, LLC, a Virginia limited liability company ("Seller") and CITY OF ROANOKE, VIRGINIA, a Virginia municipal corporation ("Purchaser") (Seller and Purchaser are collectively referred to herein as the"Parties"). RECITALS: A. Seller owns certain real property located in the City of Roanoke, Virginia, located at 1414 Memorial Avenue, S.W., bearing Roanoke Official Tax Map No. 1230401 (the "Property"), as such real property is further described herein. B. Purchaser proposes to acquire the Property from Seller, and Seller proposes to sell the Property to Purchaser, on terms and conditions set forth in this Agreement, to be used as part of Purchaser's operations. C. Seller desires to sell all of its respective rights, title, and interest in the Property to the Purchaser in accordance with the terms of this Agreement. E. The Parties acknowledge and agree that performance of this Agreement is expressly contingent upon the terms and conditions stated herein. F. Subject to the terms and conditions of this Agreement, Purchaser is willing to purchase and acquire the Property from Seller, and Seller is willing to sell, transfer, and convey all of its respective rights, title, and interests in the Property to the City of Roanoke, Virginia. NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual covenants, agreements, and understandings set forth in this Agreement,including the Recitals set forth above, and which Recitals are incorporated herein and constitute a material part of this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which the Parties acknowledge, the Parties agree as follows: ARTICLE I DEFINITIONS All capitalized terms, not otherwise defined in this Agreement, shall have the following meanings: 1.1 Agreement shall mean this Agreement for the Purchase and Sale of Real Property. 1.2 Applicable Law shall mean all federal, state, and local laws, rules, regulations, or ordinances that affect or otherwise apply to the transactions contemplated by this Agreement. 1 1.3 Business Days shall mean a Day or Days other than a Saturday, Sunday, or a holiday established under the laws of the United States of America or the Commonwealth of Virginia. 1.4 City shall mean the City of Roanoke, Virginia, a Virginia municipal corporation. 1.5 City Council shall mean the Council of the City of Roanoke, Virginia (Roanoke City Council). 1.6 Closing shall mean the date on which the transactions contemplated by this Agreement for the sale and transfer of the Property from the Seller to the City occurs. 1.7 Day or Days shall mean a calendar day beginning and ending at the prevailing time in Roanoke, Virginia. 1.8 Deposit shall mean an earnest money deposit in the sum of Ten Thousand and No/Dollars ($10,000) to be paid by the Purchaser to the Title Company to be held in escrow, within ten (10) Business Days of the execution of this Agreement. The Deposit shall be fully refundable if Purchaser terminates this Agreement prior to or upon the expiration of the Feasibility Period. The Deposit shall be applied to the Purchase Price at Closing. 1.9 Effective Date shall mean the date set forth at the beginning of this Agreement. 1.10 Feasibility Period shall mean a one hundred twenty(120) day period commencing upon the Effective Date of this Agreement during which Purchaser shall have the right to enter the Property to perform an environmental, physical, and title examination of the Property to determine whether it is suitable for Purchaser's Intended Use. The Feasibility Period may be extended as provided for herein. 1.11 Government Entity shall mean any federal, state, or local governmental body, agency, board or commission. 1.12 Intended Use shall mean Purchaser's use of the Property for operational, maintenance, and storage purposes. 1.13 Property shall mean the following described real estate: Roanoke Official Tax Map No.1230401, located at1414 Memorial Avenue, S.W., Roanoke, Virginia, consisting of approximately 106,752 sq. ft., more or less, together with improvements thereon,as the Property is further described in the legal description attached hereto as Exhibit A. 1.14 Parties shall mean the Purchaser and Seller. 1.15 Party shall mean the Purchaser or Seller. 1.16 Permitted Encumbrances shall mean those existing encumbrances against the Property as detailed in Article IV of this Agreement to which Purchaser has not 2 objected, and which will remain against the Property upon conveyance to Purchaser. 1.17 Purchaser shall mean the Purchaser, the City of Roanoke, Virginia. 1.18 Purchase Price shall mean the price being paid Seller by Purchaser for the Property in the aggregate sum of Six Hundred Thousand and No/Dollars ($600,000), which shall include any deposit or other amounts paid to Purchaser prior to Closing to be deducted from the Purchase Price as set forth herein. 1.19 Seller shall mean the seller, 1414 Memorial, LLC, a Virginia limited liability corporation, whose sole member is the Estate of Arnold Ernest Littlefield. 1.20 Title Company shall mean Fidelity National Title Insurance Company or such other nationally recognized title insurance company, located in the City of Roanoke, Virginia, mutually agreed upon by the Parties. ARTICLE II PURCHASE AND SALE 2.1 Subject to the terms and conditions of this Agreement, Seller agrees to sell,transfer, and convey the Property by execution, delivery, and performance of a Special Warranty deed conveying the Property to Purchaser, and Purchaser agrees to purchase and acquire the Property by acceptance of such deed. 2.2 The Parties acknowledge and agree that the Purchaser's rights and obligations under this Agreement are to purchase and acquire all of the Property, and not less than all of the Property. 2.3 No later than ten Business Days after the Effective Date, the Purchaser shall pay the Deposit to the Title Company to be held in escrow. The Deposit shall be applied at Closing to the Purchase Price. In the event this Agreement is terminated by Purchaser prior to,or upon the expiration of the Feasibility Period,the Deposit shall be refunded to Purchaser in whole. 2.4 Seller agrees that during the pendency of this Agreement, Seller shall not market or sell the Property to any other party. Upon execution of this Agreement, Seller agrees that it will remove all listings of the Property from all sources advertising it for sale. ARTICLE III RIGHT OF ENTRY AND FEASIBILITY PERIOD PRIOR TO CLOSING 3.1 Purchaser shall complete its due diligence review of the Property during the Feasibility Period. Should the Purchaser determine during the Feasibility Period that it is not satisfied with the Property or any characteristics thereof for any reason 3 whatsoever, in Purchaser's sole and absolute discretion, including and not limited to, reasons relating to the Property's title, physical, or environmental condition, or the applicable zoning is incompatible with Purchaser's Intended Use,the Purchaser may terminate this Agreement by notifying Seller in writing as soon as possible, but no later than five (5) Days after the end of the Feasibility Period, of the Purchaser's decision to terminate this Agreement. In such case, this Agreement shall thereupon be terminated and of no further force and effect,unless the Parties, mutually agree to modify this Agreement to address any such issue(s). In the event of termination hereunder, Seller shall return the Deposit to the Purchaser and upon receipt of the Deposit this Agreement shall terminate and no Party shall have any further rights or obligations hereunder. The Purchaser shall provide Seller with its objections to the title of the Property, including without limitation, any easements, encumbrances, or restrictions of record, or the physical and environmental condition of the Property, within five (5) Days after the end of the Feasibility Period. The Parties agree that if Purchaser has not been able to complete its due diligence review of the Property during the initial 120-day Feasibility Period, the Feasibility Period may be extended successive months, at the amount of Ten Thousand and No/Dollars ($10,000) per month. Any such amounts paid by Purchaser to Seller to extend the Feasibility Period shall be deducted from the Purchase Price at Closing, provided, however, in the event Purchaser elects to terminate the agreement within five days of the expiration of any extended term of the Feasibility Period, any amount paid by Purchaser to Seller to extend the Feasibility Period shall be forfeited to Seller. 3.2 In connection with the Feasibility Period, Seller hereby grants the Purchaser and its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives, and consultants and assigns, a right to enter the Property at any time during the Feasibility Period, on not less than one (1) working days prior written notice to Seller, in order to survey, make test borings, and carry out such other examinations, exploratory work, or settings as may be necessary to complete a Phase I Environmental Site Assessment and,if required by Phase I report, a Phase Il Environmental Site Assessment, geotechnical assessments, or other nondestructive engineering evaluations of the Property, to otherwise perform Purchasers due diligence with respect to the Property, and to store Purchaser's property and equipment, if such storage is necessary, on the following terms and conditions: 3.2.1 Purchaser, to the extent permitted by Applicable Law, agrees to be responsible for any and all damages resulting from the activity or activities of Purchaser its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, on the Property in the exercise of the rights granted under this Section 3.2. Purchaser shall, at its sole cost,promptly and 4 fully restore any land disturbed by the exercise of the rights under this Section 3.2 to a condition equal to that existing immediately prior to entry on any of the Property if Purchaser does not purchase the Property. 3.2.2 Purchaser shall require its contractors to indemnify and defend Seller from any loss, damage, or claim arising out of Purchaser's access to the Property pursuant to this Section 3.2 for the purpose of making tests, inspections, studies, and other investigations, if such tests are necessary. The indemnity obligations of Purchaser's contractors hereunder are conditioned on Seller promptly notifying Purchaser and its contractors in writing of any claim; cooperating with Purchaser's contractors in the defense of the claim; and granting Purchaser's contractors sole control of defense or settlement of the claim at the sole cost and expense of Purchaser's contractors. Under no circumstance shall Purchaser's contractors be obligated to indemnify or defend Seller for or from the Seller's own negligence or willful misconduct (which includes, without limitation, any breach by Seller of this Agreement), or unlawful act or omission, or any claim resulting from any of the foregoing. 3.2.3 Purchaser shall ensure that its contractors and representatives minimize interference with or disruption of any business operations on the Property. All persons accessing Seller's property shall comply with reasonable confidentiality and safety requirements established by Seller. 3.2.4 Purchaser shall require each of its contractors who enter the Property under Section 3.2, at the sole expense of such contractor, to obtain and maintain, or have its contractors or representatives obtain and maintain, the insurance set forth below. Any required insurance shall be effective prior to the beginning of any work or other performance by the Purchaser's contractors under Section 3.2. The following policies and coverages are required: (I) Commercial General Liability. Commercial General Liability insurance, written on an occurrence basis, shall insure against all claims, loss, cost, damage, expense or liability from loss of life or damage or injury to persons or property arising out of such contractor's acts or omissions. The minimum limits of liability for this coverage shall be $1,000,000 per occurrence and $2,000,000 general aggregate. (ii) Contractual Liability. Broad form Contractual Liability insurance shall include the indemnification obligation set forth above. 5 (iii) Workers' Compensation. Workers' Compensation insurance covering such contractor's statutory obligation under the laws of the Commonwealth of Virginia and Employer's Liability insurance shall be maintained for all its employees engaged in work under this Section 3.2. Minimum limits of liability for Employer's Liability shall be $100,000 bodily injury by accident each occurrence; $500,000 bodily injury by disease (policy limit); and $100,000 bodily injury by disease (each employee). With respect to the Workers' Compensation coverage, Purchaser agrees to require its contractors to use reasonable efforts to obtain a waiver by the insurance company of rights of subrogation against Seller if the policy does not expressly permit a waiver of subrogation. (iv) Automobile Liability. The minimum limit of liability for Automobile Liability Insurance shall be $1,000,000 combined single limit applicable to owned or non-owned vehicles used in the performance of any work under this Section 3.2, and shall be written on an occurrence basis. 3.3 The insurance coverages and amounts set forth above may be met by an umbrella liability policy following the form of the underlying primary coverage in a minimum amount of$1,000,000. Should an umbrella liability insurance coverage policy be used, such coverage shall be accompanied by a certificate of endorsement stating that it applies to the specific policy numbers indicated for the insurance providing the coverages required by Section 3.2, and it is further agreed that such statement shall be made a part of the certificates of insurance furnished to Seller. 3.4 Purchaser, and its contractors in performing its inspections on the Property pursuant to this Section 3.2, shall at all times comply with all Applicable Law. 3.5 On the request of Seller, Purchaser shall, within a reasonable period of time after receipt of any preliminary or final survey, test results or conclusory reports and opinion statements, deliver copies of same to Seller. If Seller so requests, the Purchaser shall also turn over copies of raw data obtained and any laboratory and observation reports or analyses. All such deliverables shall be without any warranties whatsoever, and neither Purchaser nor the provider of any report or opinion shall be deemed to make or have made any representations or warranties to Seller regarding such report or opinion, or any information contained therein, and Seller may not rely on any such report or opinion, or any information contained therein. 6 ARTICLE IV TITLE 4.1 Title to Property Purchaser's obligation to purchase the Property at Closing is conditioned on the Property being conveyed to Purchaser by Seller, free and clear of all restrictions, encumbrances, leases, and liens except for such restrictions, encumbrances, leases and liens that constitute Permitted Encumbrances. Permitted Encumbrances with respect to the Property means and includes the following: 4.1.1 Ad valorum real property taxes (including the downtown district special assessments), stormwater utility fees, and solid waste collection fees for the current year, not yet due and payable. 4.1.2 Easements, restrictions and encumbrances that have not been designated as unacceptable by Purchaser or City by notice to Seller given in accordance with Section 3.1 of this Agreement following the Purchaser's and City's review of the preliminary title report for the Property and such other diligence as the Purchaser and City elect to perform. City and Purchaser acknowledge and agree that Seller has no obligation to remove, amend or alter any easement, restriction, or encumbrance or record, other than to pay in full, the amount secured by a lien, deed of trust, or other encumbrance, or terminate any leases. Seller shall satisfy, at its sole expense, such deed of trust, lien or encumbrance or lease that may be removed and discharged as a matter of record and record evidence that lien, deed of trust or other encumbrance has been satisfied in full and discharged. In the event such liens, deeds of trusts, or encumbrances remain at Closing, Purchaser's sole remedies, in Purchaser's sole discretion, are to (1) deduct from the Purchase Price at Closing the amount necessary to satisfy such lien, deed of trust, or other encumbrance, (2)postpone Closing until Seller removes such lien, deed of trust or other encumbrance, (3) accept title subject to such lien, deed of trust, or other encumbrance restriction, or (4) terminate the Agreement. In the event that Purchaser elects to terminate this Agreement,Purchaser shall provide the Seller with written notice of such termination, and no Party shall have any further rights or obligations under this Agreement. ARTICLE V CONDITIONS TO CLOSE THE SALE OF THE PROPERTY 5.1 Conditions to the Purchaser's Obligations to Close. The following are conditions precedent to Purchaser's obligation to purchase the Property: 7 5.1.1 The fulfillment to Purchaser's reasonable satisfaction of Seller's obligation to convey title to the Property on the Closing Date to Purchaser pursuant to the terms and conditions of this Agreement. 5.1.2 Purchaser must be satisfied that the condition of the Property has not changed since the completion of the Feasibility Period and no casualty or other loss has occurred that is the subject of Article IX of this Agreement. 5.1.3 Seller must not be in default of the Seller's obligations under this Agreement, and Seller's representations and warranties in this Agreement must remain true and correct as of the Closing. 5.1.4 The Title Company's commitments to issue, on payment of its standard premiums, to the City, it's A.L.T.A. (Form B) Owner's Policies of Title Insurance, insuring City,and that title is vested in the City,subject only to the Permitted Encumbrances. 5.1.5 The Parties acknowledge that street and vehicular access to the Property is primarily provided through two entrances located off Richard T.Wellins Road. One entrance intersects the Roanoke River Greenway while the other entrance provides for vehicular access. Both entrances intersect a rail bed which is owned by a third party. The Parties acknowledge and agree that such third party has claimed ownership of the land upon which the entrances are located, and the Parties agree that Purchaser's obligation to close on the Property is contingent and conditioned upon Seller or Purchaser being able to successfully resolve access rights to the Property with such third party through both entrances. If such access rights are not satisfied to Purchaser's satisfaction on or prior to Closing, in Purchaser's sole discretion, Purchaser may terminate this Agreement without owing any obligation to Seller. The Parties acknowledge that Purchaser shall have the primary responsibility in resolving the access issue with such third party,provided however, Seller agrees that Seller shall provider Purchaser with any reasonable assistance that may be required in resolving such access rights. 5.1.6 Seller shall cooperate with Purchaser in good faith by providing documentation and information necessary for Purchaser to ascertain title and ownership of the Property in addition to such other information that may reasonably be required by Purchaser. This includes,and is not limited to,articles of organization,its operating agreement, and last will and testament of any of Seller's members. 5.1.7 Seller acknowledges that as of the Effective Date, the Property is leased by the Seller to a tenant. The Property must not be occupied by any tenant, or subject to any rights by a tenant under a lease or other claim of right, as of the Closing Date. All of the foregoing conditions are for the benefit of Purchaser, and Purchaser may choose, in its sole discretion, to proceed with the Closing, despite having knowledge that one or more of the above conditions have not been satisfied. If, after the expiration of the Feasibility Period, any of the foregoing conditions have not been satisfied through no fault of Seller,other than the provisions 8 of Section 5.1.3, and if Purchaser does not choose to proceed with the Closing, then the Deposit will be paid to Seller and the Parties shall have no further rights under this Agreement. 5.2 Conditions to the Seller's Obligation to Close. The following are conditions precedent to Seller's obligation to sell the Property to Purchaser: 5.2.1 The Purchaser must not be in default of its obligations under this Agreement. 5.2.2 The Purchaser has notified Seller that funds have been appropriated to pay the Purchase Price, and the Purchase Price delivered to Seller. All of the foregoing conditions are for the benefit of Seller, and Seller may choose, in its sole discretion,to proceed with the Closing,despite having knowledge the condition set forth in Section 5.2.1 has not been satisfied. ARTICLE VI CLOSING DATE 6.1 Closing Date. The Closing date shall occur on or within 45 days after the end of the Feasibility Period unless delayed due to the existence of encumbrances remaining on the Property as of Closing (other than the Permitted Encumbrances) as provided for herein, or extended upon the mutual agreement of the Parties. The Closing shall occur at a mutually acceptable time on the Closing Date in the Office of the City Attorney, or at such other location and time as the Parties shall approve. ARTICLE VII CLOSING DELIVERABLES AND MECHANICS 7.1 Seller's Obligations at Closing 7.1.1 Property 7.1.1.1 The duly executed and acknowledged deed conveying to City the Property in accordance with the provisions of this Agreement. The quality of title for the deed shall be by Special Warranty. 7.1.1.2 A mechanic's lien affidavit executed by Seller, satisfactory to Purchaser, and Title Company, and to the effect that no work has been performed on the Property by Seller in the 125 Days immediately preceding the Closing Date that could result in a mechanic's lien claim, or if such work has been performed, it has been paid in full. 7.1.1.3 A parties in possession affidavit executed by Seller, satisfactory to the Purchase and Title Company, that no parties are in 9 possession of the Property as of Closing, including, without limitation, all parking licensees and permittees. 7.1.1.4 Such documents as may be reasonably required by Title Company to evidence the authority of the person(s) executing the various documents on behalf of Seller in connection with the sale of the Property, including, without limitation, certificate of existence, certified copies of corporate votes, incumbency certificate of mangers and officers of Seller, and certified copy of Seller's articles of incorporation. 7.1.1.5 A written certificate that Seller's warranties and representations in Section 12.2 of this Agreement remain true and correct as of the Closing Date. 7.1.1.6 A duly executed counterpart of a closing statement for the Closing. 7.1.1.7 Any other documents or items to be delivered pursuant to this Agreement, including and not limited to, corporate resolutions authorizing the sale of the Property to Purchaser, or other documents reasonably required by the Title Company and that not include the payment of money. 7.2 Purchaser's Obligations On the Closing Date, Purchaser shall purchase and acquire the Property from Seller, by delivering or causing to be delivered to Seller the following: 7.2.1 The Purchase Price, distributed by wire transfer. 7.2.2 A duly executed counterpart of the closing statement for the Closing. 7.2.3 Any other documents required to be delivered pursuant to this Agreement, and that do not require, except as set forth in this Agreement, the payment of money, indemnity or the assumption of any liability or obligation. 7.3 Prorated Expenses. At the Closing, real property taxes, stormwater utility fees, unpaid utility fees, and solid waste collection fees, if any, shall be prorated as follows, with respect to the Property, Seller shall be responsible for all amounts due prior to the Closing Date and the Purchaser being responsible for all periods thereafter. The settlement of such prorated expenses shall occur at the Closing. Seller agrees to provide current utility statements to Purchaser no later than five Business Day prior to Closing. 10 7.4 Seller's Expenses. Seller shall pay for(i) all attorneys' fees and expenses incurred by legal counsel for Seller; and (ii) Grantor's Taxes, if any, for the transfers of the Property. 7.5 Purchaser's Expenses. Purchaser shall pay for (i) the Grantee's taxes, if any, and the recording charges for the transfer of the Property; (ii) its legal fees and expenses in connection with this Agreement including the fees and expenses in connection with any City inspections; (iii) all costs of the City's investigations of the Property; and (iv) all title insurance premiums for issuance of the title insurance process with respect to the Property. 7.6 Possession. Seller shall deliver exclusive possession of the Property to the City on the Closing Date, free and clear of all tenants, licensees, and permittees. ARTICLE VIII CONDEMNATION Seller has no actual knowledge of any pending or threatened condemnation of the Property. However, if, after the Effective Date, and prior to the Closing Date, all or any part of the Property is subject to a bona fide threat of condemnation or condemned or taken by a Government Entity having a power of eminent domain or a transfer in lieu of condemnation, Seller shall promptly notify Purchaser in writing and within thirty(30) Days after receipt of written notice, either Party may, by written notice to the other, elect to cancel this Agreement prior to the Closing Date, in which event all Parties shall be relieved and released of any further duties, obligations, rights, or liabilities hereunder and this Agreement shall be deemed terminated and of no further force or effect. If no such election is made by either Party to cancel this Agreement, this Agreement shall remain in full force and effect and the purchase contemplated herein, less any interest taken in condemnation or eminent domain, shall be effected without further adjustment and on the Closing Date, Seller shall assign, transfer, and set over to the Purchaser all of the right, title, and interest of Seller in and to any awards that have been made or may thereafter be made for any such taking or takings with respect to the Property. ARTICLE IX RISK OF LOSS Risk of loss by fire or other casualty for the Property shall be on Seller until the Closing is completed, subject only to the obligations of the Parties under this Agreement. If the Property are substantially damaged or destroyed before the Closing by such casualty, then the Purchaser may elect to (i) acquire the Property and receive all proceeds of insurance received by Seller; or (ii) cancel the Closing, and neither Party will have any further obligations to the other (except as otherwise specifically provided in this Agreement). Seller shall maintain fire and extended 11 coverage insurance on the Property, at the full replacement value, pending consummation of the Closing. ARTICLE X BROKER'S COMMISSIONS Agents and Brokers. Each party represents and warrants that it did not consult or deal with any broker or agent with regard to this Agreement or the transaction contemplated hereby, except for the Listing Broker, Poe & Cronk Real Estate Group, Inc. —Peter A. Ostaseski. The Listing Broker shall be paid a brokerage fee by Seller of 6 % of the Purchase Price. The fees to the Listing Broker shall be paid in cash at Settlement. ARTICLE XI REPRESENTATIONS AND WARRANTIES 11.1 Purchaser's Representations and Warranties. Purchaser represents and warrants, as of the Effective Date and as of the Closing, to Seller that: 11.1.1 No Conflicts. Purchaser's execution and performance of this Agreement does not (i)breach any other agreement to which Purchaser is a party; or(ii)violate any law, judgment, or order to which the Purchaser is subject. 11.1.2 No Litigation. No litigation, claim, or arbitration is pending or, to the knowledge of the Purchaser threatened, with regard to performance of this Agreement. 11.2 Seller's Representation and Warranties. Seller represents and warrants, as of the Effective Date and as of the Closing, with respect to the Property that: 11.2.1 Title. Seller is the legal and beneficial fee simple title holder of the Property and has good, marketable title to the Property, free and clear of all liens, encumbrances,claims, covenants,conditions,restrictions,easements,rights of way, options, judgments, or other matters, subject only to matters of record. Seller will convey title to the Property to the City by the deeds referenced herein. Seller represents and warrants that it will not encumber the Property with any liens, deeds of trust, leases, or licenses, after the execution of this Agreement. 12 11.2.2 Condemnation. Seller has no knowledge of any pending or threatened proceedings for condemnation or the exercise of the right of eminent domain as to any of the Property or the limiting or denying of any right of access thereto. 11.2.3 Leases. All existing leases, permits, and licenses, if any, permitting occupancy or use of the Property by third parties shall be terminated and extinguished by Seller prior to Closing. Seller agrees that it shall provide copies of any and all leases, licenses, or other documents permitting third parties, if any, to occupy the Property, at no cost to Purchaser, within five (5) Business Days of the Effective Date of this Agreement. 11.2.4 No Conflicts. Seller's execution and performance of this Agreement does not: (i)breach any other agreement to which Seller is a party; or(ii) violate any law,judgment, or order to which Seller is subject. 11.2.5 No Notice of Violations. Seller has received no notice of any violation of zoning requirements or other ordinances, rules or regulations with respect to the Property. 11.2.6 No Litigation. There is no litigation, claim, or arbitration, pending or, to the knowledge of Seller, threatened, with regard to the Property or performance of this Agreement by the Seller. 11.2.7 Waiver of Relocation Costs. Seller acknowledges that this is a voluntary transaction between the Parties, initiated by Seller under no threat of condemnation by Purchaser, and Seller waives any claims for business relocation expenses and moving expenses and such other payments to which it may be entitled, under Applicable Law,including, and not limited to, the Virginia Relocation Assistance and Real Property Acquisition Policies (Section 25.1-400, et seq.,Code of Virginia(1950) as amended), and agrees that it not seek to make a claim for such payments. 11.2.8 Hazardous Materials. To the best of Seller's actual knowledge, no toxic or hazardous materials (as said terms are defined in any applicable federal or state laws)have been used, discharged or stored on or about the Property in violation of said laws, and to the best of Seller's knowledge, no such toxic or hazardous materials are now or will be at closing located on or below the surface of the Property. To the best of Seller's knowledge, there are no petroleum storage tanks located on or beneath the surface of the Property. 13 ARTICLE XII DEFAULT IN CLOSING OBLIGATIONS 12.1 Seller's Default. In the event that the Closing does not occur solely by reason of default by Seller, and the Purchaser has fully performed its obligations and is prepared to consummate the Closing, the Purchaser shall have all of its remedies under Applicable Law, including the remedy of specific performance. The Purchaser may also terminate this Agreement in which event neither Party shall have any further rights or obligations hereunder. 12.2 Purchaser Default. In the event that the Closing does not occur solely by reason of default by the City, and Seller have fully performed its obligations and is prepared to consummate the Closing, Seller shall have all of its remedies under Applicable Law. ARTICLE XIII LIMITATIONS ON ASSIGNMENTS Each Party agrees not to assign or transfer any part of the Party's rights or obligations under this Agreement without the prior written consent of the other Party, which consent shall not be unreasonably withheld, and any such assignment shall not relieve the assigning Party from any of its obligations under this Agreement. ARTICLE XIV NOTICES All notices hereunder must be in writing and shall be deemed validly given, by personal service, if sent by certified mail, return receipt requested, or by a nationally recognized overnight courier, addressed as follows (or any other address the party to be notified may have designated to the sender by like notice): If to Purchaser: City of Roanoke, Virginia Attn: Robert S. Cowell, Jr. City Manager Room 363 Noel C. Taylor Municipal Building 215 Church Avenue, SW Roanoke, Virginia, 24011 Telephone 540-853-2333 w/copy to: David L. Collins Senior Assistant City Attorney Room 464 14 Noel C. Taylor Municipal Building 215 Church Avenue, SW Roanoke, Virginia, 24011 Telephone 540-853-5240 If to Seller: 1414 Memorial, LLC Att. H. Michael Deneka, Executor Deneka Law Firm, PC 2758 Electric Rd. Ste. A Roanoke, VA 2401 W/copy to: Peter Ostaseski Poe & Cronk 10 S Jefferson St, SW Roanoke, VA 24011 Telephone: (540) 855-3641 Notice shall be deemed delivered on the date of personal service, five(5) Days after deposit in the United States mail, or the day after delivery to a nationally recognized overnight courier. ARTICLE XV GENERAL PROVISIONS 15.1 Time. Time is of the essence in the performance of the Parties' respective obligations in this Agreement. 15.2 Successors and Assigns. This Agreement shall inure to the benefit of, and be binding on, the Parties hereto and their respective successors and permitted assigns. 15.3 Counterpart Copies. This Agreement may be executed in one or more counterparts, and all such counterparts so executed shall constitute one Agreement binding on all of the Parties hereto, notwithstanding that all of the Parties are not signatories to the same counterpart. 15.4 Construction. The Parties acknowledge that each Party and its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. 15.5 Severability. If a provision of this Agreement is determined to be unenforceable in any respect, the enforceability of the provision in any other respect and of the remaining provisions of this Agreement shall not be impaired. 15.6 Cooperation. Each Party agrees to cooperate with the other in a reasonable manner to carry out the intent and purpose of this Agreement. 15 15.7 Authority to Sign. The persons who have executed this Agreement on behalf of the Parties represent and warrant they are duly authorized to execute this Agreement on behalf of their respective entity. 15.8 Non-waiver. Each Party agrees that any Party's waiver or failure to enforce or require performance of any term or condition of this Agreement or any Party's waiver of any particular breach of this Agreement by any other Party extends to that instance only. Such waiver or failure is not and shall not be a waiver of any of the terms or conditions of this Agreement or a waiver of any other breaches of the Agreement by any Party and does not bar the non-defaulting Party from requiring the defaulting Party to comply with all the terms and conditions of this Agreement and does not bar the non-defaulting Party from asserting any and all rights and/or remedies it has or might have against the defaulting Party under this Agreement or by law. 15.9 Faith Based Organizations. Pursuant to Virginia Code Section 2.2.-4343.1,be advised that the City of Roanoke, Virginia does not discriminate against faith-based organizations. 15.10 Exclusivity. Upon the execution of this Agreement, Seller agrees not to enter into any discussions, negotiations, or agreements for the sale, conveyance, lease, or transfer of the Property to any other entity, in whole or in part, during the pendency of this Agreement. In the event such discussions or negotiations are underway as of the Effective Date of this Agreement, Seller agrees to terminate such discussions and negotiations and list the Property as no longer under sale. The Parties agrees that Purchaser shall have the right to enforce this provision through any remedy available under Applicable Law. ARTICLE XVI COMPLIANCE WITH STATE LAW; FOREIGN AND DOMESTIC BUSINESSES AUTHORIZED TO TRANSACT BUSINESS IN THE COMMONWEALTH OF VIRGINIA Seller shall comply with the provisions of Virginia Code Section 2.2-4311.2, as amended, which provides that a contractor organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth of Virginia as a domestic or foreign business entity if so required by Title 13.1 or Title 50 or as otherwise required by law. Seller agrees not to allow its existence to lapse or, if applicable, its certificate of authority or registration to transact business in the Commonwealth of Virginia, if so required under Title 13.1 or Title 50, to be revoked or cancelled at any time before Closing, and to promptly cure any such lapse, revocation or cancellation following notice from the Purchaser. It shall be a condition of Purchaser's closing obligations under Section 7.2 above that Seller not be in breach of this Article XVI. 16 ARTICLE XVII APPROPRIATION OF FUNDS All obligations or funding to be undertaken by the Purchaser in connection with this Agreement are subject to the availability of funds and the appropriation of such funds by Roanoke City Council. If any such funding is not approved, withdrawn, or otherwise not made available for this Agreement, with the result that Purchaser is unable to perform its obligations under this Agreement, Purchaser shall provide Seller with written notice of such unavailability of funding. ARTICLE XVIII FORCE MAJEURE None of the Parties shall be in default or otherwise liable for any delay in or failure of its performance under this Agreement if such delay or failure arises by any reason beyond its reasonable control, including any act of God, any acts of common enemy, the elements, earthquakes, floods, fires, epidemics, riots, strikes, failures or delay in transportation or communication, shortages of material, approval delays or any act or failure to act by the other party or such other party's employees, agents or contractors. The Parties shall promptly inform and consult with each other as to any of the above causes which in their judgment may or could be the cause of a delay in the performance of this Agreement. ARTICLE XIX ENTIRE AGREEMENT This Agreement, including, without limitation, its exhibits and other attachments, contains the entire understanding of the Parties regarding its subject matter and supersedes all prior and contemporaneous negotiations and agreements, whether written or oral, between the Parties with respect to its subject matter. No amendment to this Agreement shall be valid unless made in writing and signed by the Parties. ARTICLE XX FORUM SELECTION AND CHOICE OF LAW By virtue of entering into this Agreement, the Parties agree and submit themselves to a court of competent jurisdiction, which shall be the Circuit Court or General District Court for City of Roanoke, Virginia, and further agree that this Agreement is controlled by the laws of the Commonwealth of Virginia,with the exception of Virginia's conflict of law provisions which shall not apply, and that all claims, disputes and other matters shall be decided only by such court according to the laws of the Commonwealth of Virginia as aforesaid. Each Party further waives and agrees not to assert in any such action, suit or proceeding, that the Party is not personally subject to the jurisdiction of such courts, that the action, suit or proceeding, is brought in an inconvenient forum or that the venue of the action, suit or proceeding, is improper. 17 SIGNATURE PAGES TO FOLLOW IN WITNESS WHEREOF, the Parties have executed this Agreement by their authorized representatives as of the date of this Agreement. SELLER: 1414 MEMORIAL, LLC, a Virginia limited liability company By: H. Michael Deneka, Executor of the Estate of Arnold Ernest Littlefield Sole Member of 1414 Memorial, LLC COMMONWEALTH OF VIRGINIA CITY OF ROANOKE The foregoing Agreement was acknowledged before me this day of , 2021, by 1414 Memorial, LLC, a Virginia limited liability company, by H. Michael Deneka, Executor of the Estate of Arnold Ernest Littlefield, Sole Member of 1414 Memorial, LLC, for and on behalf of the Estate of Arnold Ernest Littlefield, Sole Member of 1414 Memorial, LLC. My Commission expires: Notary Public SEAL 18 PURCHASER: ATTEST: CITY OF ROANOKE, VIRGINIA, a Virginia municipal corporation By: Robert S. Cowell, Jr., City Manager Print name and title COMMONWEALTH OF VIRGINIA CITY/COUNTY OF ROANOKE The foregoing Agreement was acknowledged before me this day of , 2021,by Robert S. Cowell, Jr., City Manager of the Roanoke, Virginia, a Virginia municipal corporation, for and on behalf of the City of Roanoke, Virginia, a Virginia municipal corporation. My Commission expires: Notary Public SEAL Approved as to form: Approved as to execution: Senior Assistant City Attorney Senior Assistant City Attorney 19 EXHIBIT A Legal Description of Property Roanoke Official Tax Map No. 1230401 BEGINNING at a point on the southerly right-of-way line of the Memorial Avenue, S.W., bridge (formerly Virginia Avenue bridge) at the northwesterly corner of Roanoke City tax parcel# 1230401; thence with the southerly right-of-way line of Memorial Avenue, S.W., S 86° 19' 00" E, 326.20 feet to a point on the bank of the Roanoke River; thence along the Roanoke River the following courses: S 14° 14'00" W, 307.50 feet to a point; thence S 00° 29' 00" W, 254.27 feet to a point; thence S 32° 34' 00" E, 182.93 feet to a point on the bank; thence passing the bank of the Roanoke River and continuing S O1 ° 29' 00" W, 11.03 feet to a point on the easterly right-of-way line of Norfolk& Southern Railway; thence continuing with the said railway the following course along a curve to the right with a radius of 793.50 feet an arc distance of 714.51 and a chord of N 29° 16' 23" W, 690.61 feet to a point, thence N 03° 28' 38" W, 136.30 feet to the POINT OF BEGINNING and continuing 3.021 acres and being the same property as shown on a survey entitled "ALTA/ACSM Survey For Argos Utilities, L.L.C." made by Balzer and Associates, Inc. dated November 17, 2005, a copy of which is attached hereto as Exhibit A; and Being a portion of the same property conveyed unto 1414 Memorial, LLC, a Virginia limited liability company by Richardson Wayland Electrical Company, LLC, a Virginia limited liability company, formerly known as Wayland Electric Corporation, by deed dated October 9, 2020, , of record in the Clerk's Office of the Circuit Court for the City of Roanoke, Virginia, as Instrument No. 200012919. 20 V� IN THE COUNCIL OF THE CITY OF ROANOKE,VIRGINIA The 6th day of December 2021. No. 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. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Chapter 21, Offense- Miscellaneous, of the Code of the City of Roanoke (1979) as amended, is hereby amended and reordamed to read and provide as follows: Chapter 21 OFFENSES—MISCELLANEOUS ARTICLE 1. IN GENERAL Sec. 21-1. Attempt to commit misdemeanor. Every person who attempts to commit an offense which is a misdemeanor shall be punishable by the same punishment prescribed for the offense the commission of which was the object of the attempt,except as otherwise specifically provided. Sec. 21-2. Obstructing justice by threats or force. It shall be unlawful and a Class 1 misdemeanor for any person, by threats or force,to attempt to intimidate or impede a judge, magistrate,justice,juror,witness,officer of a court or law enforcement officer in the discharge of his duty,or to obstruct or impede the administration of justice in any court. Sec. 21-3. Calling ambulance or fire-fighting apparatus without cause; malicious activation of fire alarm in public building. (a) Any person who,without just cause therefor, calls or summons, by telephone or otherwise,any ambulance or fire-fighting apparatus,shall be deemed guilty of a Class 1 misdemeanor. (b) Any person who maliciously activates a manual or automatic fire alarm in any building used for public assembly or for other public use,including, but not limited to,schools,theaters,stores,office buildings, shopping centers and malls,coliseums and arenas, regardless of whether fire apparatus responds or not, shall be deemed guilty of a Class 1 misdemeanor. (c) Upon claim being made therefor and upon certification in writing by the city attorney to the director of finance,approved by the city manager, of the name of any person who shall furnish to the police department information directly relating to and resulting in the arrest and final conviction of any other person of an 1 offense committed under this section,there shall be paid to such informer by the city,out of funds appropriated for the purpose,the sum of fifty dollars($50.00). Sec. 21-4.Automatic police or fire dial alarm systems prohibited. (a) It shall be unlawful for any person to install,sell, lease or use,or cause or allow to be installed,sold, leased or used,within the corporate limits of the city,any police or fire telephone dial alarm device or system. (b) For the purposes of this section, a police or fire telephone dial alarm device or system is defined as being or consisting of any mechanical, electrical or radio-electronic device or system so made or designed as to automatically actuate or call any city police or fire department telephone or radio circuit and use a pre-taped or pre-recorded or programmed verbal message or signal,which operates through overhead or underground wires or by radio frequencies, and which is set or programmed to directly dial, actuate,call or in any other manner make direct contact with any telephone line or radio circuit of the police department or fire department. (c) Any person violating any provision of this section shall be guilty of a Class 3 misdemeanor. (d) Nothing contained in this section shall be construed to prohibit the installation,sale, leasing or use of any alarm device,so long as such device is not designed or programmed to dial,actuate, call or in any other manner directly contact by telephone or radio circuit the police department or fire department on any telephone line or radio circuit assigned either such department. Sec. 21-5. Curfew for persons sixteen years of age or younger. (a) It shall be unlawful for any person sixteen (16)years of age or younger to loiter, idle,wander,stroll or play in or upon any public street,highway,alley,sidewalk,park, playground,other public place or upon any vacant lot or other place unsupervised by an adult having lawful authority to be at such place between the hours of 11:00 p.m. and midnight Sunday through Thursday and between midnight and 5:00 a.m.any day of the week.The provisions of this section shall not apply to: (1) Any person sixteen (16)years of age or younger who is accompanied by his parent,guardian or other adult person to whom he has been temporarily entrusted by his parent or guardian; (2) Any such person who is upon an emergency errand or legitimate business directed by his parent, guardian or other adult person to whom he has been temporarily entrusted by his parent or guardian; (3) Any such person who,with the permission of his parent or guardian,is in attendance at,or going directly to or directly from an activity sponsored by the city or any department or agency of the city, any public school, licensed private school or church; (4) Any such person who,with the permission of his parent or guardian,is at his place of lawful employment or is going directly to or going directly from his place of lawful employment; or (5) Any such person who,with the permission of his parent or guardian,is in a motor vehicle for the purpose of travel through the city. (b) Whenever any police officer or other officer charged with the duty of enforcing the ordinances of the city discovers or has his attention called to the fact that a minor may be in violation of this section,such officer shall make an immediate investigation, including the questioning of the minor, if feasible,for the purpose of ascertaining whether or not such minor is in violation of this section. If the investigation satisfies the officer that the minor is in violation of this section,the officer shall cause a report thereof to be made to the judge of the juvenile and domestic relations court. (c) Any violation of the provisions of this section by a minor shall be disposed of as provided in sections 16.1- 278.4 and 16.1-278.5, Code of Virginia. 2 (a> ie4L**­!bv tl' * **r*»fr��ues�`����h*�|e�***��aey�e*��s�r*e�\,*m+ee+�44a�ree=p\a***e� t�4 4tt��� (&} efe�e4�\a*e/e|*//eu���os^hse��+enfa}�4*ve+ha|��a*e*�se�e*�s��ev*�e|�` 4-g| TN 0 peeea1 &y�a,�*f��eaU�we�'^ (*| �j|pye|agae4,���e***ne+ Sec' 21-76' Assault and battery. ' Any person who commits a simple assault or an assault and battery upon another shall be guilty of a Class 1 misdemeanor. -24-8 Abe4*e4 a�-1eef�.. 1 f 4r,thep+e+e*spe+111,e441�ef�a*w+he+r+'if s* ses*E ti-f444-,' f,e+ U5*f 1V *+ aeyofA+�Yre4*;v+*s+*e+hep+*se****ee4l**�g*oge+vhi_Tt an.ie*4�e-O/­e, fe'+efo1-a-+4v�e�e,�+e�**i�o4y��+ea�e�a44*peee^.h�eh�||be�eA+ye�* penxi* t+*e4*e�+����Aae�S�O�.A(�>. Sec' 21-197' Disorderly conduct in public places. ' (a) Aperson is guilty ofdisorderly conduct if,viththeintenttocausepub|icinconxenience, annoyance oralarm, orrecklessly creating arisk thereof, he: (1) In any street, highway, public building, or while in or on a public conveyance,or public place engages in conduct having a direct tendency to cause acts of violence by the person or persons at whom, individually,such conduct is directed; provided, however,such conduct shall not be deemed to include the utterance or display of any words or to include conduct otherwise made punishable under this Code;or | (2) orbeing intoxicated,whether v�#eAyw8���ornot,disrupts any meeting ofthe dty / council or any authority,board,commission,committee or agency appointed by the council,or of any school, literary society o,place ofreligious worship,ifsuch disruption prevents or interferes with the orderly conduct of such meeting or has a direct tendency to cause acts of violence by the person or persons at whom, individually,such disruption is directed;provided, however, such conduct shall not be deemed to include the utterance or display of any words or to include conduct otherwise made punishable under this Code. (b) The person in charge of any such building, place,conveyance or meeting may eject therefrom any person who violates any provision ofthis section,with the aid, ifnecessary,ofany persons who may becalled upon for such purpose. (c) Any person violating any provision ofthis section shall, upon conviction,bepunished byfine not exceeding one thousand dollars($1,000.00)or confinement in jail for not more than twelve(12) months, either or both. Sec' 21-198, Public runkenness' | (a) 4-a.-\_nypersun4��isdrunk inpublic heshall bedeemed guilty ufaClass 4 misdemeanor. (b) if any person shall be convicted of being drunk in public three(3)times within one(1)year in this city, upon the third or any subsequent conviction for such offense within the period of one(1)year,such person shall beguilty ofaClass 3misdemeanor. 3 _:..`.: £}}=-.!-€-*='E= 6'-fi+t - ,- t-i�3 c, '*rS` r'"-wr•a '�€;_is- fs' --}-st:tiE_„^_=.._l-+ w-<'-.4.r t.,:vr4:- any r'c'gz;te "!->.):m nact”.vm#.a-.C---"l.-_.t T-_ < ,thYs*}_ kr- } �=+."rti?£?yb'£`s,.;..??bra ;}ttitic-r_-0�.ss;?£�};t`}_t-ii--�' �'f''`•fr}-��. ��}r:,_�}:�?-�;--'r�-��-`*s-+-E �--ctt-�};-._"-�d-�'*EiFz-.�F-z)t�,-via{' 5-�z„a rherl Isz�ri c r y fr44 a--a}, }i -4-y,i b a..-4 h anv(>es`=r( Patk.i:;rt< hp-- Any , . � ��i fwoo � - - W i)F w s two3mefL 6ffre w'jf-4 , otfof bE t£1 �r clf-'¢y 3 mti r;Comm?, +'t-} jiaji br'-Y.uly of a Cwsw f-r f-?i',J # -}...f;+... any a-riqf-Y-fE }iC-}4e44avyf} _?acn}_f44fi_}c1�4Y4dl.l..begwI�F-7-Fr}-t."!c7_`'.�a raid 4. ..c;r>,�x;.r»ti-,r€t'Pd,-}},y,,r-.,c,4:., or WS iyoVC r--: t.,,,., ,r??-..P-,, fie i_N3�.:k o-} r.-l:�i%�dly::tns w*,-+b'4Ez,r..}yz-.3'r' }L.FE?.c.'3c,._E,{}k}---.h.{..:�flar.-i'a,£?-}-._.£} �t-rlrty �Y �H.,; . mo f wt £}{000-be?U{4ij f?i i>nrt" u z t-- 1. , c,s; r-rd is4S-Ovto3,S 3?r � 3-`i 3 C-he4. )�,k>=344 z3E }i{v{,fv i; 54 U}3oil..r{-#-et—on-f`'f ;44-, } shi}+:.be ,j1.=y..C}+.3..04s? _1...K=-T4s aaf?@f. Any of or fr)rr4i a}i,}} ;? "k e t E"des v t;l ,tr+ .aal .�#- f is yr-xu � ruc3=; h,}I+he t 44y E}# +}'-f f czx.: r=}?rrE3 t"-: f �k+s n the ter r;'b ndy P i wall' c'a=t as-y{la-e;;W44 4�Of whob A Uwa tai...: to 1}e t-seiEf"fEN"-}tay'ic-?f?ir4, "}SS;<? �=+r^ri}tr+ Ft.Yf3�?�`,trt}f}rt.The -;ha 1:-Ar1E:d,4H`r SK-!I-t s}(l<:}:'r!'r%}•i CT 1A WOO :,,440 7.r i-z?--W-t-4v �� -r - .t -'->+=3�i1�,_ t.�-tl.�:�.r.ri"-1f+.s -thim } per-seo, freque-nt; }«&c-at, E}- £)-c.F,,.-Ge t<S },c :ist Sr5;-iEf}`y- a�.'1i. ;-�C4t.}} ).r'+:y of t}+y..kr; suppress Kamm v'#ftp �- '44-a 4 die }!z a.#,J1 an E} £+a r t >- �E=-fof a-qy fiefs «,- � }v E�xklt f;T 1�y Qr. t a?v +x r, 4 o-­4k it, }q- -;_sP�y f3 V b_E't�j4�1 fow the�A�,pot,:"4�'f C7! to f �ft P-"O:oi Itm t I - I - �,k fo cti �r _4iA4; 14"'i i3 (Ii-V Aa Por tt to ax 'In'-i a 1-ariy Ile- -4e, v,,illli _,orl, -0 *he t,'tri-FJe, k44 I L4 --q C,a 4, t w rthe ?t0- e 404 un V", k J, 0-i ny to Ole pi. 4'3tJi_"y 0- �-4 {,- 3 "o,k�c I �4fnt�!L}y 1-2-4-LI, _di_�)f V, i uc�(4, 4 -4T, j� Gy S-C-tiOl't IS -461`,+I-he S�;z!,E 07���t-)1) V 1, Cod­i a y p b 1 vv Gy D t4(j-ri 48- 4 t4{ 5, it 2 3 12.2..3 0 h I T ti o6e: t e I4,)n a 0Ti3..444 is SlAn, fif 4-'-e T -,C Sec. 21-149. Sale, distribution, possession, etc., of controlled substances (drugs). (a) As used in this section,the terms"controlled substances,"a-n4"Schedules 111, IV,V and VI," and "marijuana" refer to those terms as they are used or defined in the state Drug Control Act,be4%-chapter 1-5.434(§-54- -52-4-.-1,54.1-3400 et seq.)of title 54.1 ef the COGIP(If ViFginia,and the Cannabis Control Act, chapters 6-I5 (_� 4.1-600 et seg.)of title 4.1 of the Code of Virginia (1950)—. as amended,the current version and any future versions of this Article is hereby adopted as part of this City Code,except that any violation designated a felony in these Acts shall only constitute a Class 1 Misdemeanor. (b) Except as authorized in the Drug Control Act and the Cannabis Control Act,-referred to above,it shall be unlawful for any person to manufacture,sell,give,distribute or possess with intent to manufacture,sell,give or distribute any controlled substance classified in Schedules 111, IV,V or VI within the city. (c) t shall be unl@wful fOF any person to knewiRgly OF kitentionally possess a eantFialled substance classified in Schedule 111 eF marijuana,within the city, unless thes-ilastanee was elatained diFectly 49FR, E)F PUFSuant te,a valid presUiptien Ar AFder of a pFactitieReF While acting On thp cn­r,;P of his pFefeSSiGRal ffaatke—,eF-e� as a hervViSe autharized by the DFug Centro'Aet refeFFed to in subsection (a) abeve. Upon th? pFeseeutien E) a pe sen feer a vielatien Af this subseetien,ewneFsh4�-��Y ef the premises or vehiele LIP19R OF in v.,hiel; a eentr-alled substance was found shall Rot eFeate a pFesumptien that 5ueh peFsen ekheF knowingly er intentienally possessed such centFelled substance. (d-_c) It shall be unlawful for any person to conspire to commit any offense defined in this section. (ed) It shall be unlawful for any person to attempt to commit any offense defined in this section. 5 (#e) Any person violating any provision of this section,except subsection(ed), shall be guilty of a Class 1 misdemeanor.Any person violating subsection(ed)shall be guilty of a Class 2 misdemeanor. Any office,stere,Sh9p, FestaWant, daRee hall,the 3teF, PeE)IFOE)Fn, clubhouse,StGFeheuse,waFehouse, dwelliRg house,apaFtment, budding ef any kind, iehicle,vessel, h-A.at R-r airc:Faft which,with the knowledge ef the owneF,lesseF,agent of any such IeSSeF, FnanageF, ehief executive effieeF ar epeFateF thereof, is 4equented by peFsens Linder the influen-ee ef illegally elat-1-ined contrelled substances,as defined iR sectien 54 s24.�-A-f the- Cede E)f Virginia, E)F fE)F the PUFPese E)f illegally obtaining possession of'manufactuFing OF diStFibUtiAg SHEh GeAtFelled -c;h-;;" be deemed a eemmeR nuisance. it sha" be unlawful and a Class I m;rdprneaner feF such awneF, le-wrl Sec. 21-2410. Inhaling drugs or other noxious chemical substances or causing others to do so. (a) It shall be unlawful for any person to deliberately smell or inhale any drugs or any other noxious chemical substances, including but not limited to fingernail polish or model airplane glue,containing any ketones, aldehydes,organic acetates,ether, chlorinated hydrocarbons or vapors,with the intent to become intoxicated,inebriated,excited,stupefied or to dull the brain or nervous system as articulated in section 18.2-264(A)of the Code of Virginia (1950) as amended the current version and any future versions of this statute are hereby adopted as part of this City Code.=Any person violating the provisions of this subsection shall be guilty of a Class 1 misdemeanor. (b) It shall be unlawful for any person,other than one duly licensed,to deliberately cause, invite or induce any person to smell or inhale any drugs or any other noxious substances or chemicals containing any ketone, aldehydes, organic acetates,ether, chlorinated hydrocarbons or vapors with the intent to intoxicate, inebriate,excite,&tup4yggpefy or to dull the brain or nervous system of such person as articulated in section 18.2-264(B)of the Code of Virginia (1950) as amended the current version and any future versions of this statute are hereby adopted as part of this City Code.Any person violating the provisions of this subsection shall be guilty of a Class 2 misdemeanor. A}ei '?.Fl9fi ^`��-rt ?fdc" 4? •?#2-c-'L�.. ,-�.cLa4f�-�3�-fF tt_'+8f3itE3i"?t:� W4�{ f r$itc?C- FF}_.--i}cj+f� it_F3`-'-"4 Bf?-iltc`f,}rf}--{ r i tc-S-I£} Fit}t.F�;-�F+-,-l�fLhOtkP-r Of 4k} --' r thi 4-t-C ST at - E=i.%;t {.i£c:+.�-t"1<•3+-.i#L E E-;E?.^7--+'y-hi-k+.-{=} {r:•t= �.irr(�!..k}r{Ky{:;ts+�}oR2f��'� �-°:-Att-.t'.VC k�• £3F-�"}r. r}r'.('.f> ��+7ktF}c£?. t�P-E3f�vfr t ie}cy?*Y.s.-.nfV{e }= F(IFt }?H 'E3-F j. i}« F_{t..i-r-�k{? f��K-A.f}E'c - r✓-}=;r*f.}, 'yf}�tP,`i+7+ r} }4}d=e3c :?iz'�f- d��.,, ;.�tz.t�f}E=+ crit}?+�rEt'ti-;-5�:>2 `�c'.ft.©fid:- 4=-=1 ne of Suck +?bo." 1 YE?"F f Hx}Shfii1ob;`c}tfTe': fecEi't £ 3 .'t f3F lc {-t+hS?fi+FH {9 'tet;i ,YiI+�E�E";{} {=ft 1FcrC Of a4' Eat-P? C}P.<:''V frt4rji ci=ly &r,t' t?fk;-i ei 4 it Ci}{{}{?f tr, F,+r1tC S ? p E}# ? +i_ E'i it —ar§fiff i 2H+Ta cHi{+t k? r�a_+ tr -ff fAe;4' iii-c4 t h'-OfO_iF by tr`r-- i �l-w-S+-'. + -S-}3'ri- .:�."{.HST:u-1--4 4 0 1:?=4 t f Sr�P.;,�aiiy.{�f:. F rr ��_� r 6 Sec. 21-2-311. Petit larceny. Any person who: (1)—Commits larceny from the person of another of money or other things of value of less than five dollars ($5.00);or (2)Commits simple larceny, not from the person of another,of goods and chattels of the value of less than one thousandtwe h­RdFed dollars($1-2000.00)as articulated in section 18.2-96 of the Code of Virginia, (1950) as amended the current version and any future versions of this statute are hereby adopted as part of this City Code,–shall be deemed guilty of petit larceny,which shall be punishable as a Class 1 misdemeanor. Sec. 21-2-412. Shoplifting. (a) Whoever,without authority,with the intention of converting goods or merchandise to his own or another's use without having paid the full purchase price thereof,or of defrauding the owner thereof out of the value of the goods or merchandise: (1) Willfully conceals or takes possession of the goods or merchandise of any store or other mercantile establishment,or (2) Alters the price tag or other price marking on such goods or merchandise,or transfers the goods from one(1)container to another,or (3) Counsels,assists, aids or abets another in the performance of any of the above acts, as articulated in section 18.2-103 of the Code of Virginia (1950) as amended the current version and any future versions of this statute are hereby adopted as part of this City Code, shall be deemed guilty of larceny and, upon conviction thereof,shall be punished as provided by subsection (b)9F�c4 below.The willful concealment of goods or merchandise of any store or other mercantile establishment,while still on the premises thereof,shall be prima facie evidence of an intent to convert and defraud the owner thereof out of the value of the goods or merchandise. (b) Any person convicted fer the f`"++ F of an offense under this section,when the value of the goods or merchandise involved in the offense is less than one thousand ($1000.00)as articulated in section 18.2-96 of the Code of Virginia (1950) as amended, ,shall be punished as for a Class 1 misdemeanor. Whi.Eh he convieted,and admitted, OF fGURd by the jury or judge befeFe whern he ir,tFied,tha he has been rneFehanddilse;Rkoolved in the PFOeF r=envictian,shall be confined an jail not less than thii=tY(30) days ReF MOFe than twelve(3 �) menths. (dc) A merchant, agent or employee of the merchant,who causes the arrest of any person pursuant to the provisions of this section shall not be held civilly liable for unlawful detention,if such detention does not exceed one(1)hour,slander, malicious prosecution,false imprisonment,false arrest,or assault and battery of the person so arrested,whether such arrest takes place on the premises of the merchant or after close pursuit from such premises by such merchant, his agent or employee; provided that, in causing the arrest of such person,the merchant,agent or employee of the merchant, had,at the time of such arrest, probable cause to believe that the person had shoplifted or committed willful concealment of goods or merchandise. For the purposes of this subsection, "agents of the merchant' shall include attendants at any parking lot owned or leased by the merchant,or generally used by customers of the merchant through any contract or agreement between the owner of the parking lot and the merchant- as articulated in sections 18.2-105.1 and 106 of the Code of Virginia, 1950 as amended the current version and any future versions of these statutes are hereby adopted as part of this City Code. 7 Sec. 21-2413. Willful damage to or defacement of public or private facilities. (a) Defacement defined. Defacement means the unauthorized application by any means of any writing, painting, drawing,etching,scratching, or marking of an inscription,word,mark,figure or design of any type. (b) Violation and penalty. It shall be unlawful and a Class 1 misdemeanor for any person to willfully and maliciously damage or deface any public buildings,facilities and personal property or any private buildings, facilities and personal property.The punishment for any such violation in which the defacement is(i) more than twenty(20)feet off the ground, (ii)on a railroad or highway overpass, or(iii)committed for the benefit of,at the direction of,or in association with any criminal street gang,as that term is defined by section 18.2- 46.1,Code of Virginia,shall include a mandatory minimum fine of five hundred dollars($500.00). (c) Community service. (1) Upon a finding of guilt in any case tried before the court without a jury,if the violation of this section constitutes a first offense which results in property damage or loss,the court,without entering a judgment of guilt,upon motion of the defendant, may defer further proceedings and place the defendant on probation pending completion of a plan of community service work. If the defendant fails or refuses to complete the community service as ordered by the court,the court may make final disposition of the case and proceed as otherwise provided. If the community service work is completed as the court prescribes,the court may discharge the defendant and dismiss the proceedings against him. Discharge and dismissal under this section shall be without adjudication of guilt and is a conviction only for the purposes of applying this section in subsequent proceedings. (2) Any community service ordered or directed for a violation of subsection (b)shall,to the extent feasible, include the repair, restoration or replacement of any damage or defacement to property within the city and may include clean-up, beautification, landscaping or other appropriate community service within the city.A designee of the city manager shall supervise the performance of any community service work required and shall report thereon to the court imposing such requirement.At or before the time of sentencing,the court shall receive and consider any plan for making restitution or performing community service submitted by the defendant.The court shall also receive and consider the recommendations of the supervisor of community service in the city concerning the plan. (3) Notwithstanding any other provision of law, no person convicted of a violation of this section shall be placed on probation or have his sentence suspended unless such person shall make at least partial restitution for such property damage or is compelled to perform community services, or both, as is more particularly set forth in Code of Virginia section 19.2-305.1. (d) Authority of city to remove or repair. (1) The city manager is authorized to undertake or contract for the removal or repair of the defacement of any public building,wall,fence or other structure or any private building,wall,fence or other structure where such defacement is visible from any public right-of-way. (2) Prior to such removal,the city manager shall give notice to the owner and lessee,if any,of any private building or facility that has been defaced that,within fifteen (15)days of receipt of such notice, if the owner or lessee does not clean or cover the defacement or object to the removal of the defacements, the city may clean,cover,or repair the defacement. (3) Except as provided herein,all such removal or repair, unless undertaken by the property owner,shall be at the expense of the city; provided however,that the removal or repair work may be undertaken by volunteers or individuals required to perform community service by order of any court,under appropriate city supervision. (4) If the defacement occurs on a public or private building,wall,fence,or other structure located on an unoccupied property,and the city,through its own agents or employees, removes or repairs the defacement and after complying with the notice provisions of this section,the actual cost or expenses thereof shall be chargeable to and paid by the owners of such property and may be collected by the city as taxes are collected. 8 (5) Every charge authorized by this section with which the owner of any such property shall have been assessed and that remains unpaid shall constitute a lien against such property, ranking on a parity with liens for unpaid local taxes and enforceable in the same manner as provided in Articles 3 (§58.1-3940 et seq.)and 4(§58.1-3965 et seq.)of Chapter 39 of Title 58.1,Code of Virginia.The city manager,or city manager's designee may waive and release such liens in order to facilitate the sale of the property. Such liens may be waived only as to a purchaser who is unrelated by blood or marriage to the owner and who has no business association with the owner.All such liens shall remain a personal obligation of the owner of the property at the time the liens were imposed. (6) The court may order any person convicted of unlawfully defacing property described in subsection (b) to pay full or partial restitution to the city for costs incurred by the city in removing or repairing the defacement. (7) An order of restitution pursuant to this section shall be docketed as provided in section 8.01-446,Code of Virginia,when so ordered by the court or upon written request of the city and may be enforced by the city in the same manner as a judgment in a civil action. ISec. 21-2-614. Injuring,tampering with, etc.,vehicles, aircraft, etc., of another. (a) It shall be unlawful for any person,individually or in association with one(1)or more others,to willfully break, injure,tamper with, or remove any part or parts of any vehicle,aircraft,boat or vessel,for the purpose of injuring,defacing or destroying such vehicle,aircraft,boat or vessel,or temporarily or permanently preventing its useful operation,or for any purpose against the will or without the consent of the owner of such vehicle,aircraft, boat or vessel,or to in any other manner willfully or maliciously interfere with or prevent the running or operation of such vehicle,aircraft, boat or vessel. (b) It shall be unlawful for any person,without the consent of the owner or person in charge of a vehicle, aircraft, boat,vessel, locomotive or other rolling stock of a railroad,to climb into or upon such vehicle, aircraft, boat,vessel, locomotive or other rolling stock of a railroad,with intent to commit any crime, malicious mischief or injury thereto,or while a vehicle,aircraft, boat,vessel, locomotive or other rolling stock of a railroad is at rest and unattended,to attempt to manipulate any of the levers and starting crank or other devices, brakes or mechanism thereof or to set such vehicle,aircraft,boat,vessel, locomotive or other rolling stock of a railroad in motion,with the intent to commit any crime, malicious mischief or injury thereto.This subsection shall not apply when any such act is done in an emergency or in furtherance of public safety or by or under the direction of an officer in the regulation of traffic or performance of any other official duty. (c) The provisions of this section shall not apply to a bona fide repossession of a vehicle,aircraft, boat or vessel by the holder of a lien thereon or by the agents or employees of such lienholder. (d) A violation of any provision of this section shall constitute a Class 1 misdemeanor. ISec. 21-2-715. Posting advertisements, signs, etc., on property of another. If any person shall put up or cause or direct another to put up any showbill,notice or advertisement,or brand or mark any sign, letters or characters, upon any building,window,wall,fence, utility pole or other property of another person,or of the city,without first obtaining the consent of the owner or person in charge or control of such property, he shall be guilty of a Class 4 misdemeanor. Sec. 21-2-816. Placing advertising matter on or in vehicle of another. It shall be unlawful for any person to place in,or attach to or on, or cause to be placed in,or attached to or on,any motor vehicle any handbill or other advertising matter,without the consent of the owner of such vehicle.A violation of this section shall constitute a Class 4 misdemeanor. 9 Sec. 21-2-917.Trespass or encroachment on city property. Any person who shall trespass upon any public property of the city, not used for public thoroughfares, passageways or for uses of the public,or who shall deposit materials or encroach upon any such property owned, held or controlled by the city shall be guilty of a Class 4 misdemeanor. ISec. 21-3018. Forcibly taking possession of city building. Any person who shall forcibly take possession of any room or building or part of a building belonging to or under the control of the city shall be guilty of a Class 1 misdemeanor. Sec. 21-4119. Entering vacant building without consent. Any person who shall enter any vacant dwelling,barn,stable or other building,without the consent of the owner thereof,shall be guilty of a Class 4 misdemeanor. Sec. 21-320 Entering or remaining on property of another after having been forbidden to do SO. (a) If any person shall,without authority of law,go upon or remain upon the lands, buildings or premises of another,or any part, portion or area thereof,after having been forbidden to do so,either orally or in writing, by the owner, lessee,custodian or other person lawfully in charge thereof,or after having been forbidden to do so by a sign posted on such lands, buildings, premises or part, portion or area thereof at a place where it may be reasonably seen, he shall be deemed guilty of a Class 1 misdemeanor. (b) Any owner, lessee,custodian,or person lawfully in charge as those terms are used in section 18.2-119 of the Code of Virginia,of real property may,in writing on a form prescribed by the chief of police,designate the police department as a person lawfully in charge thereof,for the purpose of forbidding another to go or remain upon the lands,buildings or premises of such owner. Such designation shall include a description of the land(s), building(s),or premises to which it applies;shall reference the period of time during which time it is in effect;and shall be kept on file in the office of the chief of police or in such other location within the police department as the chief of police deems appropriate. Sec. 21-3421. Instigating, etc.,trespass by others; preventing service to persons not forbidden on premises. If any person shall solicit, urge,encourage,exhort,instigate or procure another or others to go upon or remain upon the lands, buildings or premises of another,or any part,portion or area thereof,knowing such other person or persons to have been forbidden,either orally or in writing,to do so by the owner,lessee,custodian or other person lawfully in charge thereof,or knowing such other person or persons to have been forbidden to do so by a sign posted on such lands,buildings, premises or part, portion or area thereof at a place where it may reasonably be seen;or if any person shall,on such lands,buildings, premises or part, portion or area thereof, prevent or seek to prevent the owner, lessee,custodian, person in charge or any of his employees from rendering service to any person not so forbidden, he shall be deemed guilty of a Class 1 misdemeanor. Sec, 23: a34. Ent-er-iRg PFem4ses of al;etheF f OF pur-pe-se of damaging PFOper-ty OF inteffeFing with its-use. ,t ;hall he unlawful and a Glass I rnkdemeanoF fOF any peFSOR to enteF the land, dwelling,eutheuse-ef-a-ny manner to interfere v'4h the Fights of the awneF, useF OF o zmeupant thereof to use sueh prepeFty fFee 4 ++tee= 10 sec, 71 25I IAlawT l entr e- chuFG."IF nn1 ee1 pmpeFty It-Shall he'-'R'RWfU'for any peFsan,without the consent ef seme peFSOn auitheFized to give such c,9-Ps-e44,A-G ge E)F enter upon,in the nighttime,the premises e--. ef any ehuFeh OF UPeR aRY SEheel prepe-400E-a-" puFposes etheF than te attend a meeting eF seFYiee held E)F cenducted bn r---rh rhurch AF seheel pFepeFty.Any peFseR violating the prevasiens ef this sectimen shall be guilty E)f a Class 4 FR*sdeFnean9F. -Ser.. 21 36 Deeming tame peep, OF attempt t)so peep, ante E)F thFeugh er spy thFough a �indew,dE)E)F eF E)theF apeFtLIFe ef any bwildin& peFm 3nent eF temp 3raFY,5UEh peFSen shall be guilty ef a Class 1 FnisdemeaReF. b +i_4,hi; l to: c'n it3�q) :c, ¢,r f} ,,t t. r r} .i;, r > . yryr h.n ,p}i!f f W,.#!"'Of k= lk Of 4u}tY}; af#Y F)cil't+; L.rY �e't�., Tl; tr;.-,1F tirzldtia= < <is4 L.�+�+-_:t.,+�l��('=- ., Ei�3P crtr'4 w t`,.i-S St'.- ,4.ar1 +,k he Of -See. 71 3 Deli t- n of Streams EensuiFnptiOR OF fE)F FeEreation,E)F te deposit any ef such substances eR OF suffieiently neaF the banks ef any -rh rA;IRI;eF that will allew any peFtion of such substances subsequently te seep oF e washed nte any such StFeam.This section shall net be applieable te any peFSen disrzhaFging sewage, industrial wa ste i;ens ef a valid eeFtifffiEate issued by the state wateF CE)RtFE)l beard. Fn;sdeFneaRe-F Sec. 21-3422. Nuisances generally. Any person who shall cause or permit the existence of any public nuisance not otherwise specified in this Code shall be deemed guilty of a Class 4 misdemeanor for each day the nuisance shall continue after due notice to correct, remove or abate the same. Sec. 21-4823. Abandoned or discarded refrigerators and other airtight containers. (a) It shall be unlawful for any person to discard,abandon,leave or allow to remain in any place any icebox, refrigerator or other container,device or equipment of any kind with an interior storage area of more than two(2)cubic feet of clear space which is airtight,without first removing the door or doors or hinges from such icebox, refrigerator,container,device or equipment. (b) This section shall not apply to any icebox, refrigerator,container,device or equipment which is being used for the purpose for which it was originally designed,or is being used for display purposes by any retail or wholesale merchant,or is crated,strapped or locked to such an extent that it is impossible for a child to obtain access to any airtight compartment thereof. (c) Any violation of the provisions of this section shall constitute a Class 3 misdemeanor. 11 Sec. 21-49424. Reserved. Sec. 21-48:425. Electric fences. (a) As used in this section, "electric fence"shall mean a fence designed to conduct electric current along one(1) or more wires thereof so that a person or animal touching any such wire or wires will receive an electric shock. (b) Except as hereinafter provided,it shall be unlawful for any person to electrify,operate or use any electric fence,or for any person exercising supervision or control over any real property to permit any other person to electrify,operate or use any electric fence,on any property in this city zoned for residential use. (c) This section shall have no application to any electric fence maintained,operated or used on the premises of any farm five(5)acres in size or larger, regardless of zoning.As used in this section, "farm"shall mean a parcel of land devoted to production for sale of plants or animals or to the production of plant or animal products useful to man. (d) Violation of this section shall constitute a Class 4 misdemeanor. Sec. 21-2644. Reserved. Sec. 21-4227. Unlawful use of sound equipment in buildings or other premises. (a) It shall be unlawful for any person to maintain and operate in any building or on any premises in the city any radio device or mechanical musical instrument or device of any kind whereby the sound therefrom is cast directly upon the public streets and public places,and where such device is maintained for advertising purposes or for the purpose of attracting the attention of the passing public. (b) The provisions of this section shall not apply to the following: (1) Music, bells or chimes which are part of a bona fide religious service,observation or other such religious event. (2) The striking of clocks. (c) The city manager may issue from time to time, in his discretion, permits for the use of such sound equipment as is otherwise prohibited by this section.Such permits may be issued subject to such restrictions as may be deemed reasonable by the city manager. (d) Any person who violates this section or any provision hereof shall be guilty of a Class 4 misdemeanor. Sec. 21-4-328. Operation of drive-in theaters prohibited between certain hours. It shall be unlawful for any person to conduct or participate in the conduct of any drive-in theater or other public entertainment within the city,between the hours of 1:00 a.m.and 6:00 a.m.,where any members of the audience are required or permitted to view or participate in such entertainment from parked automobiles or any other private vehicular conveyance.Any person violating the provisions of this section shall be deemed guilty of a Class 4 misdemeanor. Sec. 21-429. Prohibition against operation of certain lighted athletic facilities after 10:00 p.m. No person shall play or permit to be played any game of baseball,softball,soccer,football, or any other game or sport,on any lighted field,court,athletic facility or playfield, regardless of whether such facility or playfield is owned by this city or any other political subdivision of the commonwealth or any private person,within the boundaries of the city,or permit such field,court,athletic facility or playfield,to remain lighted,after the hour of 10:00 p.m.,if such field,court, athletic facility or playfield,is located,wholly or partially,within a district of the city zoned R, Residential Single-Family District,as defined by this Code or if the boundaries of the parcel on which such field,court,athletic facility or playfield is located are immediately contiguous to another parcel zoned R, 12 Residential Single-Family District,as defined by this Code.Any person violating this section shall be guilty of a Class 4 misdemeanor. In addition, any such violation is hereby declared a public nuisance and any person suffering injury or damage therefrom may seek the correction, removal or abatement of such nuisance through appropriate suit in equity. cep 21-44, Qecer..erl -Sen 21_AA 1 Desewed Sec. 21-4530. Urinating, defecating in public. (a) It shall be unlawful for any person to urinate or defecate in or on any sidewalk,street or in any public place, or in any place where other persons are present, unless such urination or defecation be in a bathroom, restroom or other facility specifically designed for such purpose. (b) Any person violating the provisions of this section shall be guilty of a Class 4 misdemeanor. Sec. 21-4631. Evening door-to-door sales; limitations. (a) No person offering any item or service for sale within the city,when such person goes from one(1) place of human habitation to another without a prior appointment with the inhabitants thereof offering such item or service for sale,shall do so between the hours of 9:00 p.m. in the evening and 8:00 a.m. in the morning. (b) As used in this section,the term"prior appointment"shall mean an appointment to offer any item or service for sale for which the express consent of an inhabitant of the particular place of human habitation where the offer is to be made has been given in advance of the offeror's arrival at the place of habitation where the item or service is to be offered for sale, provided no person shall go from one(1) place of human habitation to another soliciting appointments between the hours of 9:00 p.m.and 8:00 a.m. in the morning. (c) The provisions of this section shall not apply to: (1) Persons licensed by the state under Title 38. 2 Insurance,Code of Virginia (1950), as amended,when such persons are selling insurance. (2) Persons offering newspapers for sale. (3) Persons offering fresh farm products for sale. (d) Any person violating this section shall be guilty of a Class 4 misdemeanor. Sec. 21-432. Bicycle helmets. (a) As allowed by§46.2-906.1,of the Code of Virginia(1950) as amended the current version and any future versions of this statute is hereby adopted as part of this City Code,e€very person fourteen (14)years of age or younger shall wear a protective helmet that meets the standards promulgated by the American National Standards Institute or the Consumer Product Safety Commission Snell MeMGFial Foundatiewwhenever riding or being carried on a bicycle on any highway as defined in section 46.2-100,Code of Virginia (1950),as amended,sidewalk,or public bicycle path. (b) Violation of this section shall be punishable by a fine of twenty-five dollars($25.00). However,such fine shall be suspended for: (1) First-time violators;and (2) For violators who,subsequent to the violation but prior to imposition of the fine, purchase helmets of the type required by this section. 13 MENOMONEE Ceps. 91 44 21 GG Decervea ARTICLE 11. GAMBLING Sec. 21-33. Gambling Gambling shall not be allowed in the City of Roanoke except as it is allowed and regulated by Article 1 of Chapter 8 (§§ 18.2-325 340.37)of the Code of Virginia(1950) as amended the current version and any future versions of this Article is hereby adopted as part of this City Code except that any violation designated a felony in this Article shall be a Class 1 misdemeanor. Sen 21 GG I)efmni+i9Rs FE)F the PUFposes Of thiS aFtiele,the following weFds and PhFases shall have the meanings aseFibed to them this (1) Any deviee, machine, paFapheFna!4a,equipment eF ether thing, ineluding beeks, FeceFds an etheF papeF5, whieh aFe actually used in an illegal gafflbliRg GpeFatien eF activity(2) Any machine, , eentFivance,board eF 0theF thing, including but operates,eitheF completely automatically or with the aid of some physmeal aet by the playeF OF epeFat0F, in such a manneF that,depeRdiRg upen elements of rshance,it may eject something ef value or deteFmine the pFa;!e or etheF thing of value to whieh the player is entitled; PFE)vided,that the FetuFR te the ef nothing meFe than additional chances oF the Fight to use such machine is not deemed -something ef valuie;and pFevided fuFtheF,that maehines that only sell er entitle the useF to kems o rne—rchandisp ef equivalent value that may er from P--ar--.h etheF in cempes.tieR,sim,shape E)F coleF shall +h deemed gamW ^I �- Such aperatiens h,-it net all the opeFatiens, neF aFe they any less gambling devices because, apaFt frem th-li. --- adaptabdity as such,they may alse sell oF deliver samething ef value on a basms other than ehance. WegGl gGmbfing.The making, placing OF Feceipt ef any bet eF wageF an this city ef meney OF etheF thing ef vaiuie, Fnade en e)(Ehange fer a ehance to wan a prize,stake eF ether consideration Ar thiRg ef value,dependent whetheF SUGh game, eentest eF eveRt eccuFs E)F iS te E)ceuF inside eF outside the limits of this rity,shall constitute illegal gambliRg.See.21-5:7. illegal gambling geneFally. E)(Gept as etheFW*se PFE)Vided in this aFtiele,any person who illegally gambles shall be guilty of a Class 3 misdemeaROF. If aH asseeiatieR OF POE)l of peFsens illegally gambles, eaeh peFsen theFein shall be guilty of illegal if the owner, lessee,tenant, occupant E)F etheF peFSE)n on EentFel ef any p! Feasenably ;hn, 'd knem'f that it is being used feF illegal gambling, and peFMAS SUGh gambling te continue without having notil W ed a law eRfGFeemeRt efficeF ef the pFesence of Fueh illegal gambling aetivity, he shall be guilty ef a See. 21 CA Aids n OF A Any peFSen,ether than these peFSOR5 speeified on etheF sections of this aFtiele,who knowingly aids,abets eF assists an the epeFati8A ef aR illegal gambling aetivity shall be guilty of A class;1 misdemeaneF. 14 Ses 21-699Manufastare, sale, essessien, etc., of gambling device` It 5;h-all hP"Rl;;WfLI1 fOF @Ry peFsen to manufaCtUFe,sell,tFaRSPE)Ft,FeRt,give away, place efpe-5s� ef any gaFnblaRg deviEe, believing or haViRg Feasen te believe that the same as to be used in the advancerneRt e any illegal gambliRg activity.A vielatieR of I . . . f th6s seet*E)n shall CeRstitute a Class 1 Fnsde Ce,e. 2161- Cnrfe• , re of money,gamblingdeviEes, etc., se,zp-d from illegal ,....Ming eAte Fpr ,p Firr,e All money,gambling devices, effiEe eqLApmeRt and etheF persenal pFepeFty Used iR GE)RReGtiGA with aR legal gambling enteFpFise eF activity,and all FneRey,stakes and thiRgS of value received eF pFeposed te be OF whieh shall lawfully ee�e into his eustody,shall be ferfeited to the Gity by eFdeF ef the cauFt in whi and, by eFdeF,shall make such dispositien ef etheF pFopeFty se feFfeited as the eeuFt deems pFopeF, including awaFd of such pFepeFty W any state er city ageRcy eF chaFitable orgaRization fGF lawful puFpeses,er in ca5e ef the r .!;P,r-- 21-62 Certain acts not deemed tt tt • another;it-F this aFtiele, R9 CORSideFatiGR shall be deemed to have passed eF been given his exeGUtieRr + h. See. 2163.. Exemptiom fFGM sections 21-56 thFGUgh 21-62— GoAtests af-speed OF (a) Nething in sectiens 21 56 thFough 21 62 shall be GORStFued to pFevent any contest of speed OF skill between MeRr r fowl er r the end of such GORtest. CeEs-r 7 :�T ra/t Same /"amen of r;hapxe ire r�rivate re�cirl_ v — el RRd theFe is no "as defined iR subsection (3)ef seetion 19.2 325 of the Cede ef . r SeG. 21 65.,Same—gopgo games a r-affles c:eAdueted IA ac;rPGFdanre with state law. Nething in seEtieRS 21 56 thFough 21 62 shall apply to any binge game, instaRt biRgE)gaFne, Faffle, eF 0 game conducted pwsuant te seetions 18.2 340.15 thFeUgh 18.2 340.38,Code of ViFginia (1950),as amended,OF as permitted by any E)theF pre-visien ef state law. Sere. 9'1 GC 1 V r d ing wh•e•h h• rr games-may he+ played- Binge (1950),as amended) may only be held be-V-vetan the heuFs of a. . d 12A a. 15 SeEs. 21-66 2j 77 j Reserved ARTICLE III. WEAPONS Sec. 21-3478. Carrying concealed weapons. It shall be illegal to carry a concealed weapon in the City of Roanoke except as it is allowed and regulated by Article 6.1 of Chapter 7(§§ 18.2-307.1—308.09)of the Code of Virginia(1950) as amended the current version and any future versions of this Article is hereby adopted as part of this City Code except that any violation designated a felony in the Code of Virginia shall only constitute a Class 1 misdemeanor. charge.weapo designed eF intended te prepel a missile of any kind, diFk, bowie knife,switehblade knife, Fazer, slingshot, metal knueks,E)F any weapon of like kind,OF nunehahka OF any other 56milaF flailing instrument nstFument Fnay also be known as a "nunehuel(" OF"nunehaku,"shuFiken,f*ghting chain OF any Weapon of 141(p 1(ffind, he shall be guilty of a Class 1 Fnisdemeaner,and such weapen shall be fn_rfP_itP_d_te the reity and may-be seized by an effieer as f0Ffeited,and suEh as may be needed foF police effieeFs and GonseFvateFs of the peace,shal' be devoted te that purpese,and the FemaindeF shall be destFeyed by the effieeF having them iR (b) This section shall not apply te any peFSen while in his ewn place of abede eF the eurtilage theFeE)f E)F to police Ff' o + ,sheriffs .deputy sheF applicant's(e) This section shall not apply to any of the fellewiRg indWiduals while on the dischaFge ef theiF offieial dutiesi (1) GaFFieFS of the United States mail in Fural distriets. (2) 04icers eF gU@Fds of the penitenti@Fy OF Other institutiens OF camps of the state GGFreEtions system. (d) This seetion shall net apply to any peFsen who has been gFanted Pe'-sion te GaFFy a eenEealed weapon aCCOFd with state law. PUBuant te subsectien 1 ef section 19.2 308 9f the Gede ef ViFgania (1950),as amended. Sec. 21-7535. Minors carrying guns. It shall be unlawful for any minor to carry about his person,concealed or otherwise,along or within any of the public streets,public parks or public places within the city,any gun, rifle or pistol,including air and "BB"guns and pistols, unless constantly accompanied by a parent,guardian or adult official of an organized youth club or organization.Any person violating this section shall be guilty of a Class 4 misdemeanor. Sec. 21-8836. Discharging firearms. Discharging any firearm in the City of Roanoke shall be unlawful as it is prohibited by§ 18.2-280 of the Code of Virginia(1950) as amended the current version and any future versions of this section is hereby adopted as part of this City Code except that any violation designated a felony in the Code of Virginia shall only constitute a Class 1 misdemeanor. (a) It shall be unlawful fOF any peFSOR te 5hGOt any gun,PiStOl OF any E)theF fireaffn within the limits of the ' except an ease Of UFgent necessity.This seetion shall not apply te FnembeFS of the city police fGFee, peFSens (DPOP)granted to the city by the V*Fg*naa DepaFtment ef Game and inland FisheFies, members ef the 16 established armed f9Fces and PAP—mbers ef beRa fide guR clubs,sho9tiAg 9A Fange5 aPPFE)Ved by the eity eauneb!and established an the City fOF theiF use,and PeFS9RS SIRGOtiRg OR I.Gensed sheeting galleFies. Sec. 21-8137. Discharge of air gun,gravel shooter, pneumatic gun, etc. As authorized by,and not inconsistent with § 15.2-915.4 of the Code of Virginia (1950) as amended,the following is implemented within the City of Roanoke. (a) Any person who shall,anywhere within the city,discharge shot,stones,gravel, bullets or any similar thing from a gravel shooter,air gun, pneumatic gun or other similar implement shall be guilty of a Class 4 misdemeanor, unless otherwise permitted by this section. (b) Subsection(a)shall not prohibit the use of a pneumatic gun at a facility approved for shooting ranges,or on or within private property with permission of the owner or legal possessor thereof when conducted with reasonable care to prevent a projectile from crossing the bounds of the property. (c) Subsection (a) shall not prohibit the establishment of commercial or private areas designated for use of paintball guns for recreational use in accordance with all applicable requirements. Equipment designed to protect the face and ears shall be provided to participants at such recreational areas,and signs shall be posted to warn against entry into the paintball area by persons who are unprotected or unaware that paintball guns are in use. (d) As used in this section,the term, "pneumatic gun" means any implement,designed as a gun,that will expel a BB or a pellet by action of pneumatic pressure.The term "pneumatic gun"includes a paintball gun that expels by action of pneumatic pressure plastic balls filled with paint for the purpose of marking the point of impact. (e) All uses of a pneumatic gun otherwise allowed under this section by a minor below the age of sixteen (16) years shall be under the supervision of a parent,guardian,or other adult supervision approved by the minor's parent or guardian. (f) All minors,when permitted by a parent or guardian to use a pneumatic gun,shall be responsible for obeying all laws, regulations, and restrictions governing such use. (g) The training of minors in the use of pneumatic guns shall be done only under direct supervision of a parent, guardian,or a certified instructor.Training of minors above the age of sixteen (16)may also be done without direct supervision if approved by the minor's instructor,with the permission of and under the responsibility of a parent or guardian,and in compliance with all requirements of this section. Instructors may be certified by the National Rifle Association,a state or federal agency that has developed a certification program,any service of the Department of Defense,the Junior Reserve Officer Training Corps,American Legion,4-H,the Civilian Marksmanship Program, Boy or Girl Scouts, USA Shooting, and similar groups approved by the chief of police,or any person authorized by these entities to certify instructors. (h) All training and shooting shall take place either indoors at a range deemed safe for such use by the minor's certified instructor, or outdoors at a facility meeting the requirements of subsection (b)above. Sec. 21-838. Sale, delivery, etc., of blackjacks, metal knucks, switchblade knives and similar weapons. The sale delivery,barter,giving or furnishing etc.of blackiacks metal knucks switchblade knives and similar weapons shall be prohibited in the City of Roanoke as articulated by§ 18.2-311 of the Code of Virginia (1950)as amended the current version and any future versions of this section is hereby adopted as part of this City Code. evidence,If any peFson sells oF baFteFs, eF exhibits fE)F sale OF fOF baFter, E)F gives or furnishes,OF causes te be sold, baFteFed,given eF fWnished, oF has in his pessessien OF undeF W5 eentFOI,with the intent of sell iRg—,baftefmg, giVing OF fUFRiShing,any blaekjaek, bFass OF metal knuel(s, switchblade kRife OF like weapen,such person shall be guilty ef a Class 4 FnisdemeaReF.The having on one'5 pE)sse5S*OR of any such weapon shall be pFiFna fa6e except in the Ease E)f a E0R-;PRf;#0F ef the peace,of hisintent to sell,baFter,give E)F fUFR*5h the same. 17 Sec. 21-8439. Sale, etc., of toy firearms discharging blank or ball charges. The sale delivery, barter,giving or furnishing etc of toy firearms discharging blank or ball charges shall be prohibited in the City of Roanoke as articulated in § 18.2-284 of the Code of Virginia(1950)as amended,the current version and any future versions of this section is hereby adopted as part of this City Code. hwank er. ball charges.Any peFsE)n vielating the PFeVi5ieR5 ef this 5eetiGA Shall be 9U*Ity of a Class 4 sepaFate offense. (b) PIE)th*Rg iR this section shall be construed as piteventing the sale of what aFe commeRly knewR as GaP Pistels.- Sec. 21-8440. Sale or delivery of weapons to minors. The sale delivery, barter,giving or furnishing etc of a handgun dirk switchblade knife or bowie knife to a minor shall be prohibited in the City of Roanoke as detailed by§18.2-309 of the Code of Virginia(1950)as amended the current version and any future versions of this section is hereby adopted as part of this City Code, except that any violation designated a felony in this Section of the Code of Virginia shall only constitute a Class 1 misdemeanor. if aRy persen sells, bakeFS,gives eF fUFAishes, 9F causes to be sold, baFteFed,given OF fLffnished,to any peFSE)n undeF eighteen (!8)yeaFS ef age a pistel,dwFk,switehblade knife Ar Rewie knife, having geed cause to heleeve-ham to be undeF eighteen(18)yea-rs of age,sueh peFSeR shall be guilty Of a C';-4'-;r- 4 MiSdeMpaner Sec. 21-8841.Transporting a loaded rifle or shotgun. It shall be unlawful for any person to transport, possess or carry a loaded shotgun or loaded rifle in any vehicle on any public street, road or highway within the corporate limits of the city.The provisions of this section shall not apply to duly authorized law enforcement officers or military personnel in the performance of their lawful duties, nor to any person who reasonably believes that a loaded rifle or shotgun is necessary for his personal safety in the course of his employment or business.Any violation of this section shall be punishable by a fine of not more than one hundred dollars($100.00). Cei• 71 4624_9G Decnrve+cl ARTICLE IV. OBSCENITY - Sec 21-42. Obscenity, possession, publication, distribution, exhibition, etc. It shall be illegal to possess publish distribute exhibit etc.,obscene material in the City of Roanoke,to the extent that it is prohibited by Article 5 of Chapter 8(§§ 18.2-372-389)of the Code of Virginia (1950)as amended the current version and any future versions of this Article is hereby adopted as part of this City Code, except that any violation designated a felony in this Article of the Code of Virginia shall only constitute a Class 1 misdemeanor. � * _ { e -a->G. ^I t fv--x-104- C- t-o .�.-'$ p ?-[:-f4_1 -e y;-:'i.-i'T #tY"T-ri? }* `-i' ,-LC+= �._. 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Ffe#,-.�, _',: ty ,� �-r�r .�r-:-+ �-Ft:=-!=?-c r^-•;��-_c3 tr° P r.a-0 Y...-g<..S-:= Y-e, me p-rr g."-.'r,.0, _. a4 rt.x.•,..r e,.--t-r+-?-`, r7 ;a a U: ,.,ea c=.e:.. -C.f&V"R-Z-a.ny..tz} ..,C +-fwF iA=-£a..z*-++.-?-:-'}-'-sv _r; a fa.tF-:-zi,- 6Grf'2-?-r"tivF}--i. _ 3�r-u. , a-_i>, 4..moi. expose ,r €w °?C-� -_r=',-e-- -yrs-¢::};-E.:t5 ' - -i:) +--i .a,e-fxE Fr ..k4 a f P'--c.�r .;uP -:?+A -e-?,t«- cF.4.+_°o-£*-- ---k- p,:_vi-�^,;1. yf_ " ?--_�;3#�•#f-'*"+`''r�='r'.. 20 Ems if af.-L �4 -1fly p tt;-at-a"Y- 4- eicu4;g e 4 44� EJ - �'i�,-,-f 2�+p tK-C�aait y q-h T! Fz--4- b-&- s-h 4,�a 33-2-1 Ser.s. 21449 21 12Q. Racpr;;Pd DIVISION 2. PROHIBITED SALES AND LOANS TO JUVENILES Sec. 21-43. Prohibited Sales and Loans to Juveniles. It shall be unlawful to sell or loan to juveniles in the City of Roanoke to the extent that it is prohibited by Article 6 of Chapter 8(§§ 18.2-390—391.1)of the Code of Virginia (1950)as amended,the current version and any future versions of this Article is hereby adopted as part of this City Code,except that any violation designated a felony in this article of the Code of Virginia shall only constitute a Class 1 misdemeanor. -4f. —u4 4J 'o i' v a,, ? !,. - aiw-o L,n&w, -OA--a- i4&r c e-4f 21 -v' 0'11�'-' ' Wtl -&n -e'- Sexami unn4yokfovans MOO&*PV494041Y e.- un-Jo-1 t -4� 'n son 4-9 f-o wv- 1--v s3ei 4 kt 4.z--+a—T -a Su 4-;e on v "il�i -g+- P u_r'.*"`+ 4". fjex'41 t"a 4 ,4lA v e-r 5--G+ a-r '-n��:)f .'4j� 4 a-e wflveh,-41��e 4-1-a-s-3 th 6 Wfiu v P t f s i 4 i c g y o a- E�4C,—:" s s-P�- e f-f-� s o d t i 4 y s; L-j, n ia(4�-4 r--, e e- 4,- P-i mTnne-'-W#rl�-afk--R-9-t oily v-q (tA he-r---Gf7-j4 a Ry wet 0 1 _.<t Mempo r Whe r -s f-4:tlt-i—-31-s!+so e�w 4-"'i w4h — ,.,i-i,-LKS- '�A,h ?WWI DIVISION 3. UNLAWFUL EXPOSURE AND FACILITATING UNLAWFUL EXPOSURE Sec.11 44. indecent Exposuv 22 Ind eLep I expulyfe §NH ae u A 41 in the C,qml Ampos to Qn uyov Owit it, is prohi )i7ed b,j 5� 18,12 COW Voginy [j 950) as airen#j, the m i ent vel J �.yfUlur�'! is hof elby as paq of this City Cod,:. sm;,24-144vToWlem Expresmv. 04404, Alan I voldneA in the context of the ico+-!Ounes lheme. sof y 74 He4->. b,; -eny-dam 0 moh as, W im 1;rnrri,d Common on nwiv;")�e in t he I VOW0 of the OpMeI isfir:e's��OT Of &PAYME41441y an 0 WQYs or A a a,,. Pti 7 t-40.-art,"he act-.of f:;. P,-Khibi i��+ 00 oylic Qnp rovans any Quew whyli th, , 0��t,hk has a f-gh; to i-my pre"M Mother(a not condPlail'S i opompay"'on;M On, arn t"r--T 41 -esc,k,if-tjfftcd a(C-0,4+f"q-,�,o H-4 Law of visk v 5ovatm;efonlammeo;WOW& Unlawful exp9sime vnew, to A POW, (--4-any o" 4— A poWK ewosif- f Pt4tvev of 00 A-frop ajar ,t Inner Wan the upp�,,! ed..,e O-t A puRc exposwe ronvQW9 00-PAwl 10mmin g Of fs"'llng of tthrn,-J_. e, fen"l'-s'l, 0jt h-efl-of-e+)tkatnd, A 510 b e WAMN,arid��C!�f-y� 1, f f �o in'z�, it at t" S"—Ij 1--?e tin4l"Yf til and a C As,l Q ge -)-t v p i i 4.11; oe cn's4F- E34? iiio4 at,,Me+,E�k-rfo�,V4;4�1 f,P-,,if�it. kiflll?wful e-KiApsurp QW14{c c: P40 PRIpruppef SWU appm V liny POW on WO-any pof of ine- t.-E4-4f4l,;-,4i0bk s,,igeor 0:0-�•.f saff,�i,e i-c?ite-ej-at tee-�st ,elllfP,44een-{18'�inGh'.?L,4bOVe tke kv-pt of fnF`filoof UPOR whWh the ph4op payp",we sea'tp+,4aF sta;t4t;:f-t, No Sli-Jh ei4efainef 54all Ferfomo c f t Six 1"4>f fe-e�t 4f eff,t-vq- rtea-kcL:-=t p,4" `y PE4fofn4ef yl1i414 --L� &F+,- �-fen-� y a s;-� , y +fat!�,G a phyps-almmof cc- t fG feet 60 as to majamp v s of-sepi, bmwopq any eiveTmmm and patfont ,.--r, o-f ty,oppyon sh,j GoospwAe a Cmn 1 alsdameamm ,NbW,,and retu,gimis set fer,m tans 24-425,11-120-ti ie 2 1-427 lo 0-iss, sen"41-'R d4 V 1,1,4114-4 a Ack e r f 0o,p in oi hef 40 v f acl;it used for i WWRF"ilk-it h.i,frto h FtJ-H, o'exE!f tf e a--;.vi4—i ('�} - N wl 4,y H.r othe i =re-j Whe R C:?f jhp cE:nt rt t pf-es,-+j pfo viddle,-of-tual 4t!ei:-af y af Umn,fi-olit Mal Of StCtent4f i< V--,i i r f e arrl{,i 5 no;tKov i f+..: con W"16A OT%-'(t4-A 4r-Xf)!Ditzit I Of-4'ai V'fH`h e ili Pll}�.I a,-=?,p F)---E?:=-f +-p f t 4 f+e i I"4,),t e Spus A 6149-2141,sm-ervo-J, 23 lv� 24 Pa"Me-UM, be1G*,VkfePZ F) ins[-'Kes VA-tei+ can- th'-,-'-i M tr wvng poem Way PWR at rhe -f-rjf f�, "`i,3+t.xa 4'e Pef"e, being,i-'t ttl-'e r�u- 1 a'fublIor+g' the tn+4,El' an" rs T W kqymvpwy--�es'of-aggex-t-"s or ir'e-ny ,a-Wam WNW e-massage; in&n&W moo red 4 Urn MM", rl-oo he-Eo +7.iu2,i oft+RAOU-Je F,4e`SP4�4, F-,�+sihg huqw, nowc,cKv 0;UP OQKP of a owly K!Hgv4 %PhytJC,4 the4,,-,Yi�t,Chif (a a nossagerkeraPht 1090"en 110 Yens Of age Or owpr, woo,W graduated hofnra oF'1'-ogn-iieiJ fequ4mg a mfrm' 'itIrl)-ov f ff "' 15001 40 4 's,1hvw- rof In a of"uhs!4ntiapy-sirn{Lor -tt4 Eljf .i he--dpy t!r,lr�/10 Tj .-�,E do no*op*e Wold-W M shop or beaWlsNoR k!MON matsage,Me c�, Yong yokng A5w,Pw41,,F)fc',l pekool"ed b faxon ot th sia4lle S4_- poav,age jechnidaw Any person whaa6mrrmys a ma,"ge to MO-000 KnOn at 0 Pnswge POOOP ill"de"Wri OWN not Lo coryRod to Powde 4 surgeon,th"llycowr PosiM dvwoor none duw Knopa by the vov.-, SM,other74s,sonvitink any Pnoon 105HP a"Of 00OMM"Wo a ,nisdowanor: 4he cqy naaa-py is hwebV auMurrz�e-d to e;"',xF' and SMVey anfpM-0se,4ro the C41y OaARfi--h-a 1-+r; awing b"Mon t-he rlki� 4 f-Pase, p4suent to rhos "'h4 b�:'obs-&r-v'a{i in symmong 4 6W'4�"T' fin f g�- Amy pensen any 0WA7+On Of-bo�sty i�4 su'Rf-)WoSimrl crfamy ftuived by AN awdenny wesent to'. E4'rufrof rC'--)f4J-vv4hin the'rty a-Pel ltian''(4tity ceflJ4eo'Settim� I!o' *Vler+',oen 4.s 01egaI to mWe or 6 pain and s,,40,,q,gMund-of F4eg,��NtV;--r 4oi--hr-14 bt-1 , Rc-N, ic Sur vVithon Wrty(207,-4a' Yv'after <:f-+e'41"-tre 4,'+NeCJ�, ' Up E) e I a,,eoll,-a-t oul R o4l 5 k i'c I-f Pon a 0 v 4 he E a 0 t 4"a y a 4�'4 t�o f�C 0-4 4-+di f t 4& 4 H a I+a to f e'vi ev" t s die j-3 io'n,a.; Ii fo f i4e mt b o +oin e-t i rla e kNp,�A VV 114-61 a t E-,14,f���)e-l' _ &r r r i-S t C nn'44 a Rd sovee up-of 1�tt he 4,ro f-e r of bq atro;pyy, WN)d 1 Si Q 4-irj�t le�rl p0in da'y-" arld frza-r he,-&�t�7`nijed by the cowl. (-;r - ih+=Cilym'--wiager chap syUrvenote return the ee4404-0;Swell POPlesthereot y wm Ike Fenurn-shits Sn-Jh a,maybe 94 r s4aN be Ne, 4j, (4,'- 1#,up an he be-a4 no voycoux;IM 4004swanyl, fC4r FN.- t be 4f"-t-4-t-'er #t-R?ay Me eMenno or-aiD froz a"e'm'Rail rt_#;=i� e rt js,It rRal/4m(j 4 e fj-04 , _44&C kVtl Cof jTeL 4 e& opqn 'Eoutt 44odi-.gt'o'f f�.ci e-Ir- pj�t at r -clefeir i rir},u 104 of the E 0 001-MaY he fnode: T h4-0 CC F ';r'-y r Ytw (,r f -v"t y 0 -f?a Fr IyLj ar i nay.m-o-4 4Y the deon-an.0.144 up to f POP, (5) . Cent S-0,44-041 ft,rbe "to c+ty n'taf-'aee+' -e�ss 4,11411-appeaf-0 We paw x Ono to aGw4va0l, o,4 i b'ai:i "-rh niatkt:e i�� 24 Oak b"Fat On D"Own yo W ad Mks My Wjn"Veo, S"A fWW I SHMINP A An t7h,4t-h- -4'T'E- 'un Ch-p'i4 off i�-�WSK SKA toe f5:=o f-ox its now"s of dear} A45540 Cool Amp apdlywek Oak be fuWAN No YW4 way..+,'-"-, PWRAwo, AM m4"Sa9P AWnbab!"bl, VOWPAWK Slea"y" i Ve,, }r to C e S 4ihi 4- oc r}ild toileL-f-jcjkt}es -44411 be 4p p'ti crrls to toe"-rv-d t f:y�r+<+ Timt-. Th-, even;We Wid, fe-4'3fli-p'-rtfc' we to be 0XV& awyn-, roarn Ww"Ps shot be 1YOW00. Kepaii."ty>'to4ot l"-;i[Acrine4 f!L�f per�clnnel AM WON bamhhs, o� r V4 too, 4�")arn�'o f jftji,n v4&j-co 4y r -a nodn'or Vapof (Rbiqpt�40we rumpa;Ownto a04 toot rowry whaH be thwe��gO-il-�de-31ed C-It h-,du`fY thi� 1 -41 L '-,�fe. 1+use,W hen expaNg&Use- r�,�,I-- ��s�t Wt-(o�-�-"a,�n k,y4IAI e y S 'A e t Ie- J, (8) The f4emIn VaU be eqNpund W411 a SOOVICe'"N of TUMOdud ns;"C" (91 hating Whe massage';w)4- roc-an 10) Anirlq�11-" exce-pt for dOP4 c;:A W be pommel A die qnsugn wojyrva� 114 No Wanee paft n SQ4 UMploy a manyage YEAW4an Vjhnjie.,t 04 C100ply Wh the lyr`40"� E-441d--Plel by uhf5 - - 112) A minva"n of tweMV4?0j fooW, a" Ph i-P. +cnf e-r�.1 enls-: 4 KIOV,Qjt technWan'104 admobAlf a Mayen 0 hy or SPOW no;Use 04-any Of GWVMu&VaW* (21- ur'-41 ar skin v-pupPow pf'Ovided thiat a Pr-,VS164 by&P.Wte mayverrify Wat out pavenavy be safeVy massaged a=pre--,E r4opgllhe-C43n�ttiljw,thefe ,f t,)ak V-,--qit} owevvy upapagef-,when he has came to bVemuhAva n",Say,tecbni'Clvfi Eunngionydnewe to o6x�Pay A"W ume ye"my (of such vqAoyec Of Q&requ re at:SU&Persons to i'lnt'f erg-a ter NAle toovided or A dwwtvoo 4 of t hl -4 rto4e' 44-11 e�I.tei--a,5,g,.of t, ooymepnQ rj-j4:r,e? 4l--4'61�of of t'h(a Ey 25 I z S4�.al!be for a fnawaptechwnyo to a0mqvvex a a�, a�,y tuna v-sn"e YyY "am vo*M X& .., Ic e 41 for any PHSOU -.ry of 4 f)-f rna"agvn,j akohAM a S}-ria baf tvenmew, any cli-arty ROW he unt�a4ifu-t fo4 atly fye,+5ew, fof it L-e a )t-pnv-Ita fa5�,-Y, t'.-3-car . ,,7t._,% wa—_age "al}i 4,ath-p-,?tfilor o",any whwenw PwMil hw&or-rewwmen-iv PPT-.o;,C4 th-, sex, v3,.w.40 any fonvewon't any bah(w a{ yEarl Ct-i tcrli ) t-I J tQyvarspf age flop'awcognswd MuMan of Masaq-) of Ave hundred, T Il rO-Jed h-)ars of iiss nvov.Ac (of a�-'T, 4y-S' 4� n P ,j by �4!A44,t the A,--��a4,,an N'IaSs�i,,��Le 1hyapy Abseekbont, 4ic , �� t(I�4 l"reepaNqRfshaHIns vent...-1Apph,w flybers 0, tl�the ()4 (j; whashad VwWewnyofow qw0wormwof OAS ywwoi.!44 �3e, qrl!-ycf ot th-,-pl��e of 4tyrffet,s: a:4-,1,4&te fet",jtteF inwe -4411 be re-?f4et-i add, tir.dl age of--r&ry p'tfo , s4;4k 4—ticw,rarri inne44y a ganownsnagKOPY vv4h a WNW&Of'he, W}. f1 lE�lStef veqt4F(ee 4 y 51;-0-hc 44,+14't4e Oj)IeLra 114e 6—'y 0; hN M M dtngnY 14 4r 194fi �,�: o} hy Miia`d 00 Of pv)t'7-e-�of any p�ido4 4--, iny tt shaji be WnWAMA ky anypesan to esaw"h, Ma&;Wr}ja4-OP4�lfa;e s3 naS4; _.;ka pi)-40, if-I 7pe;:4-y V",�)Out— Vilri, nawnspeweg Maswgevaoar Shall the cja�e Of tylt4i hogm, welAn wnen-',ao'fa-,;l p4�-VT&oS enlptaffTent or t4l-�e app ticaror t4e f}arn—; nLapbox Of theINEewhweVe 00pivan!PlOposety-,-E)of--,era�, eS*1-9)14I H Par k�r �J�Y, l- 40 4)��-a')P4ilE�at-"4n fer the P�, f V414`7 f-�Tf whethe; the pf-I Of c h aS-4,tfc-4 e 4o pt.-r pi4 r-sl t e,a (:?M§r-g p y t f y L4 n C 0 n 26 "r)-ti'mt7'by the{i t fee OYP be pa-K Hof 0)As wwamst>iVNIEW"Of As Wvw'� if the sty nianapef i-� fr-omi the ovesugams ref?"M P4 H) SeElMil nuhtenaquea-fid ups atom of 40MMP-P&M 9 the My Wn Rageus not w W040A he 4sh do!we a Ppunrion and .-}.{:;^,"'we,+')P4(--am-t it,l.4)r v i!jt-, S`_­--h ai,se'-'if"g NO Are reasons then sfy. spc-.-24 i,-)whon-I a perion own und�'r this sh'�-�rlt�p!ay the peim-�41 k�a frinte in the wassay.,f)'Hio., so SO;q mayK.4,4011 sevor 7� MV40val 00 Fermoatex theexpHatOn Mane (1) yontleal V��Fy R, --A '1�-e �"-, Ne d oHn Knownp. Mess sounef Q%MOPA if tlh-,zEty nonye owinq W M4 h a 1, ws3 -'l"t--4 ') t)-o fni-, fro,-,beer- not CSOM,,,U,the y-andards sey forw in Ebb anov or M powne M refused Me My unnnagef the Q-:44� to entei-thie PTONses to Mopw Me pwvwwa."'��H4at�ri'ie�'-he w'ay er-'tE4 ff"i the 4nl4ln-&C44te c4 We mayee pufar peir:'t=;t u4r0i-5-uAcir tirn';a a-slie trnicis that tkt-reason f-caf-'s{+ch- so tenRer existv Asopy o4 OiE-cir-cier 44all by sea toMp per,4Hqte-L-' av-h{ns plaE-A- of 4uine-ss by-Ge-rtA4edi onslernhali �,et-forth 4-,a IM we ynperxywTq-,)person�-J'k-all, st I t t EY stinbi ai ofnfai�of i t y r y-ei 1-t -a!,El a 4 'Pt r � as�-3�'i '[erf le I Pri PQ WheR no 104 or EE?, t4F.io e x M s 4 wraf-h vv-aulo' e'4h—' vvKP wmr"t thenvy nlandger to sufasevo Want a nws,age pulzi, pero-it t�,'Gef 0,e zef ,It -44-be uola-VfLA for aRy pz�(�'Go to-fa---ffo-n, W- sei 4ice-of atfsonsige tenhwaan at a owwaye parK,vilhe chy Ps+-,,q --tbl�041t'i.44r+ 1:3Tq0qre-3t'{3't; wohnklan &a'wfg-a fPrn--4 to f7}4Vp 4pynolort -4;:4� f4aiRej t+- }i Cnarf ag f )4-, he ta, d+).1arVft la-,t the plaEe apphiant.ON appMat fox avw-1-4a-ge 1, mc--m{jednr}y Of�41-biirth Kate;an"i p,o-suqii f)eFfR4,,�-�4 to any puvpf-iie fox-a Pefw4t }y-' fri1-r �be t+ e -o- �-1 t-b�y the-- 4iv+ 0;4 Sr�, -h 4�-�-44,-4 b-e-f4alOf'C'} -pe f m-," 27 4 0 f o d DA4SI04 4,-T 0-,,4 VY f 1 o i' 4 f,y p w f v 6 V 41 t4 Chi;_0 P�!411 r h-- i4'-rP'4y'O)t'?Pltb'4--I' a We 4 a f4q4c,a+4—s-h p, 4t4w +sh-t&4e4-,e�64-1-y 4-re-(—f r F'+r,4 r}y ,4 t4;r a-s e-+ -, --r"u4e4 e#44e e-f, T-o a+?d 4)p:rovall by th- Hyl t4yIt-c.4y. 'tk ha�C�)411pl ��d�,h- (,4,y h 4 di t .f....k#cF-'Cifl & tk)"ll,4 4rlea-4e fw'dk -Se( - �44� f0f but h-Sctsp, or., m dc-f �,h411 4& � 4 to ttf�l-4-149-e R4'40, forth fo- +i}- w,fk&w,Vie ' —SN-- 4O -r ARTICLE V1. TEENAGE DANCE HALLS AND TEENAGE NIGHTCLUBS 28 Sec. 21-4- 5. Definitions. Teenage dance hall shall mean any place in which dances that are attended primarily by teenagers are regularly held or conducted,whether admission thereto is by a set admission charge, by the donation of money or by no charge. Teenage nightclub shall mean any establishment in which primarily teenagers regularly gather,either to participate in dancing or to observe live entertainment,whether admission thereto is by a set admission charge, by the donation of money or by no charge. Teenager or teenage person shall mean a minor who is between the ages of thirteen(13)and nineteen(19) years of age. Sec. 21479646. Permit required. (a) It shall be unlawful for any person to engage in the business of operating a teenage dance hall or teenage nightclub without first having procured a permit so to do in accordance with this article,which permit shall be obtained from the city manager on satisfactory evidence that the applicant is a proper person to receive the same.Such permit may be revoked at any time by the city manager upon a finding that the operation of the teenage dance hall or teenage nightclub contravenes public safety, peace,and order, becomes public nuisance,disturbs the peace or upon the failure of the permit holder to comply with the requirements of this article.A permit to operate a teenage dance hall or teenage nightclub shall be nonassignable and nontransferable and valid until revoked. (b) There shall be an appeal to city council both from the action of the city manager in refusing to grant such a permit to the person applying therefor and from the action of the city manager in revoking such a permit after the granting of the same.Such appeal shall be by written application directed to city council and delivered to the city clerk within ten (10)days from the refusal of the city manager to grant such permit or within ten (10)days from his revocation of the same,as the case may be. In event of an appeal to city council,the decision of the city manager shall not be reversed unless city council be of the opinion that the city manager acted arbitrarily in the matter or without sufficient or satisfactory evidence. Sec. 21- 747. Investigation. Prior to the issuance of any permit to operate a teenage dance hall or teenage nightclub a background investigation shall be conducted by the City of Roanoke Police Department on the applicant seeking to operate a teenage dance hall or teenage nightclub.All employees of said teenage dance hall or teenage nightclub shall likewise be required to have a police background investigation conducted on them. No applicant shall be issued a permit to operate a teenage dance hall or teenage nightclub and no person shall be employed by a teenage dance hall or teenage nightclub if such person has been convicted of a crime of moral turpitude; any crime involving the sale,attempted sale or possession of any controlled substance with the intent to distribute;or any sexual offense or crime relating to obscenity.The names of all individuals who have been issued a permit to operate a teenage dance hall or teenage nightclub shall be maintained on file with the chief of police. Sec. 21- 48. Regulation of teenage dance halls or teenage nightclubs. No teenage dance hall or teenage nightclub shall be operated except as follows: (1) No teenage dance hall or teenage nightclub shall operate prior to 12:00 noon on any given day,nor shall it operate after 12:00 midnight on any given day.At 12:00 midnight the premises shall be vacated except for registered employees. (2) Persons having reached the age of twenty(20)years or over shall not be allowed to enter a teenage dance hall or teenage nightclub unless they are an employee or a parent or legal guardian of a person attending such teenage dance hall. (3) The presence of persons under the influence of alcohol or other self-administered drugs, narcotics or controlled substances on the premises of said teenage dance hall or teenage nightclub,or,except as provided in subsection(4)below,the presence of alcohol,drugs, narcotics,controlled substances,or drug paraphernalia on the premises of said teenage dance hall or teenage nightclub shall be grounds for the automatic and immediate revocation of the permit to conduct or operate a teenage dance hall or teenage nightclub. Upon the discovery of any person in possession of alcohol,drug paraphernalia, narcotics, drugs,controlled substances,or persons under the influence of any of the same on the premises of said teenage dance hall or teenage nightclub,the city manager,assistant city manager, chief of police,or his agent may cause all persons in the teenage dance hall or teenage nightclub to vacate the premises and may close the teenage dance hall or teenage nightclub. (4) Any person engaged in the business of operating a teenage dance hall or teenage nightclub who also has a license to sell alcohol from the alcoholic beverage control board for the same premises must lock and secure such alcohol in such a manner as prescribed by the chief of police or his agent during the operating hours of the teenage dance hall or teenage nightclub. In addition,any person engaged in the business of operating a teenage dance hall or teenage nightclub who also has a license to sell alcohol from the alcoholic beverage control board for the same premises shall have at least two(2)off-duty law enforcement officers to serve as security both inside and outside the building during the operating hours of the teenage dance hall or teenage nightclub. (5) Any person issued a permit to conduct a teenage dance hall or teenage nightclub shall be given a copy of these regulations and shall sign for and acknowledge receipt of such copy. (6) No individual to whom a permit to operate a teenage dance hall or teenage nightclub has been issued, nor any employee of said teenage dance hall or teenage nightclub shall in any way hinder any fire prevention or law enforcement officer who wishes to inspect the premises of said teenage dance hall or teenage nightclub at any time said teenage dance hall or teenage nightclub is open. (7) The operator of any teenage dance hall or teenage nightclub shall provide adequate security to protect patrons from physical harm and to prohibit the entry upon the premises of alcohol,drugs, narcotics or other controlled substances and weapons as defined by section 18.2-309,A.,Code of Virginia (1950),as amended. (8) A copy of these regulations shall be posted in a prominent location inside the building or premises wherein a teenage dance hall or teenage nightclub is operated. (9) Any person violating the provisions of this section shall be guilty of a Class 3 misdemeanor. Sec. 21-4-9-949. Operation in manner other than as is provided for in article to constitute nuisance; violation a Class 3 misdemeanor. To conduct or to operate a teenage dance hall or teenage nightclub in any manner or mode other than as is provided in this article shall, in addition to being unlawful, constitute a public nuisance, and be abatable as such, and this remedy shall be considered a cumulative one,and enforceable by the city in a proper proceeding to be instituted by,and in the discretion of the city manager. Violations of this article shall be punishable as a Class 3 misdemeanor. Sec. 21-24950. Construction of article with reference to license tax. Nothing in this article shall be construed as exempting any teenage dance hall or teenage nightclub from the payment of a license tax now imposed or which in the future may be imposed,whether such tax be for the 30 purpose of raising revenue or for regulatory purposes. Such license tax shall be six hundred dollars($600.00) per annum not proratable on the person or persons operating or conducting any such teenage dance hall or teenage nightclub. Sec. 21-2-G-151. Construction of article with reference to disturbance of the peace, etc. Nothing in this article shall be construed as permitting any person to so conduct or operate a teenage dance hall or teenage nightclub as unnecessarily to disturb the peace,comfort,and ordinary rest of the citizens residing in the neighborhood of such teenage dance hall or teenage nightclub. Sec. 21-2-9252. Permitting indecent behavior. It shall be unlawful for any person having charge of or conducting any licensed teenage dance hall or teenage nightclub to permit any person or persons to engage in any indecent, lewd or lascivious behavior in any teenage dance hall or teenage nightclub. Sec. 21-2-0-353. Exceptions to article provisions. The provisions of this article shall not apply to dances that are held for benevolent or charitable purposes or to dances conducted under the auspices of governmental, religious, educational, benevolent,charitable or military organizations. ARTICLE VII. NOISE CONTROL Sec. 21-24454. Declaration of policy. At certain levels, noise can be detrimental to the health,welfare,safety and quality of life of inhabitants of the city,and in the public interest noise should be restricted. It is,therefore,the policy of the city to reduce noise in the community and to prohibit unnecessary,excessive and annoying noises from all sources subject to its police power. Sec. 21-x-555. Definitions. The following words,when used in this article,shall have the following respective meanings, unless the context clearly indicates a different meaning: Motor vehicle means every vehicle defined as a motor vehicle by section 46.2-100,Code of Virginia (1950),as amended. Noise disturbance means any sound which by its character,intensity and duration: (1) Endangers or injures the health or safety of persons within the city,or annoys or disturbs persons within the city;and (2) Can be heard clearly by a person using his or her unaided hearing faculties.Specific examples of prohibited noise disturbances are set forth in section 21-207 of this Code. Public property means any real property owned or controlled by the city or any other governmental entity. Public right-of-way means any street,avenue, boulevard, highway,sidewalk or alley. Real property boundary means the property line along the ground surface,and its vertical extension,which separates the real property owned by one(1) person from that owned by another person. Residential has reference to single-family, multifamily and residential mixed density zoning district classifications. Sound means an oscillation in pressure,particle displacement, particle velocity,or other physical parameter, in a medium with internal forces that cause compression and rarefaction of that medium,and which propagates at finite speed.The description of sound may include any characteristic of such sound, including duration, intensity and frequency. Sec. 21- 56. Noise disturbances—Prohibited generally. It shall be a Class 2 misdemeanor and a public nuisance for any person to willfully make, permit, continue or cause to be made, permitted or continued any noise disturbance, including those set forth in section 21-207. Sec. 21- 757. Same—Specific prohibitions. Subject to the exceptions provided in section 21-208,any of the following acts,or the causing or permitting thereof,among others, is declared to be a noise disturbance constituting a Class 2 misdemeanor and a public nuisance, but such enumeration shall not be deemed to be exclusive: (1) Radios,television sets, musical instruments and similar devices.Operating, playing or permitting the operation or playing of any radio, amplifier,television, record,tape or compact disc player, drum, musical instrument or similar device: a. Between the hours of 10:00 p.m.and 8:00 a.m. in such a manner as to permit sound to be heard across a residential real property boundary; b. When the sound source is located within a motor vehicle in or upon public right-of-way or public property and the sound can be heard more than fifty(50)feet from its source; or c. Between the hours of 8:00 a.m.and 10:00 p.m. in such a manner as to permit sound to be heard on residential property more than fifty(50)feet from the boundary line of its source. (2) Loudspeakers,public address systems and sound trucks. a. Using,operating or permitting the operation of any loudspeaker, public address system, mobile sound vehicle or similar device amplifying sound therefrom on a public right-of-way or public property for any commercial purpose;or b. Using,operating or permitting the operation of any loudspeaker, public address system, mobile sound vehicle or similar device amplifying sound therefrom for any noncommercial purpose between the hours of 10:00 p.m. and 8:00 a.m.such that the sound therefrom creates a noise disturbance across a residential real property boundary. (3) Horns, whistles, etc. Sounding or permitting the sounding of any horn,whistle or other auditory sounding device on or in any motor vehicle on any public right-of-way or public property,except as a warning of danger. (4) Explosives,fireworks and similar devices. Using or firing any explosives,fireworks or similar devices which create impulsive sound so as to create a noise disturbance across a real property boundary or on any public right-of-way or public property between the hours of 10:00 p.m.and 8:00 a.m. (5) Yelling,shouting, etc.Yelling,shouting,whistling or singing between the hours of 10:00 p.m. and 8:00 a.m.so as to create a noise disturbance across a residential real property boundary or on a public right- of-way or public property. (6) Schools,public buildings, churches and hospitals. The creation of any noise disturbance within any school,court, public building,church or hospital or on the grounds thereof. Sec. 21-2-9958. Same—Exceptions. Sections 21-206 and 21-207 shall have no application to any sound generated by any of the following: 32 (1) Sound which is necessary for the protection or preservation of property or the health,safety, life or limb of any person. (2) Any speech of any kind. (3) Noncommercial public speaking and public assembly activities conducted on any public right-of-way or public property for which a permit has been issued by the city. (4) Radios,sirens, horns and bells on police,fire or other emergency response vehicles. (5) Parades,fireworks,school-related activities and other special events or activities for which a permit has been issued by the city,within such hours as may be imposed as a condition for the issuance of the permit. (6) Activities on or in municipal and school athletic facilities and on or in publicly owned property and facilities, provided that such activity has been authorized by the owner of such property or facilities or its agent. (7) Fire alarms and burglar alarms, prior to the giving of notice and a reasonable opportunity for the owner or tenant in possession of the premises served by any such alarm to turn off the alarm. (8) Religious services, religious events or religious activities, including,but not limited to music,bells, chimes and organs which are a part of such service,event or activity. (9) Locomotives and other railroad equipment and aircraft. (10) The striking of clocks. ARTICLE Vlll. REMOVAL OR REPAIR OF BUILDINGS OR OTHER STRUCTURES HARBORING ILLEGAL DRUG ACTIVITY Sec. 21-28959. Definitions. As used in this article: Affidavit means the affidavit prepared by the city manager in accordance with section 21-210 hereof. Controlled substance means the same as that term is defined in section 54.1-3401,Code of Virginia(1950),as amended. Corrective action means the taking of steps which are reasonably expected to be effective to abate drug blight on real property,such as removal, repair or securing of any building,wall or other structure. Drug blight means a condition existing on real property which tends to endanger the public health or safety of residents of the city and is caused by the regular presence on the property of persons under the influence of controlled substances or the regular use of the property for the purpose of illegally possessing,manufacturing or distributing controlled substances. Owner means the record owner of real property. Sec. 21-24-860. Affidavit and notice requirements. In addition to enforcement procedures established elsewhere,the city manager is authorized to undertake corrective action with respect to drug blight on real property in accordance with the procedures described herein. (1) The city manager shall execute an affidavit,citing section 15.2-907,Code of Virginia (1950), as amended,and this article,and affirming that drug blight exists on certain property in the manner described therein;that the city has used due diligence without effect to abate the drug blight; and that the drug blight constitutes a present threat to the public's health,safety and welfare. (2) The city manager shall submit the affidavit to the city attorney, requesting that the last known owner of the property be notified by regular mail sent to the last known address as it appears in the assessment records of the city.The notice and a copy of the affidavit shall advise the owner that the owner has up to thirty(30)days from the date thereof to undertake corrective action to abate the drug blight described in the affidavit and,that if requested to do so,the city will assist the owner in determining and coordinating the appropriate corrective action to abate the drug blight described in the affidavit. Sec. 21- 61. Failure to take corrective action. If no corrective action is undertaken by the owner of the property within thirty(30)days from receipt of notice from the city as provided for in section 21-210,the city attorney shall send by regular mail an additional notice to the owner of the property at the address stated in the assessment records of the city.This final notice shall state the date on which the locality may commence corrective action to abate the drug blight on the property,which date shall be no less than fifteen (15)days after the date of mailing of the final notice.Such notice shall also reasonably describe the corrective action contemplated by the city,and said action may include,but not be limited to,the removal of the building or other structure so as to abate the drug blight on the property. Upon receipt of this final notice,the owner shall have the right, upon reasonable notice to the city,to seek equitable relief,and the city shall initiate no corrective action while a proper petition is pending before a court of competent jurisdiction. Sec. 21-2-1462. Assessment of costs. If the city undertakes the corrective action with respect to the property after complying with the notice provisions found herein,the costs and expenses thereof shall be chargeable to and paid by the owner of such property and may be collected by the city in the same manner as taxes and levies are collected. Every charge authorized by this section with which the owner of any such property has been assessed and which remains unpaid shall constitute a lien against such property with the same priority as liens for unpaid local real estate taxes and enforceable in the same manner as provided in articles 3(section 58.1-3940 et seq.)and 4(section 58.1-3965 et seq.)of chapter 39,title 58.1 of the Code of Virginia (1950), as amended. Sec. 21-263. Corrective action by owner. If the owner of such property takes timely corrective action pursuant to this article,the city shall deem the drug blight abated and shall close the proceeding without any charge or costs to the owner and shall promptly provide written notice to the owner that the proceeding has been terminated satisfactorily.The closing of a proceeding shall not bar the city from initiating a subsequent proceeding if the drug blight recurs. Sec. 21-244.6.4. Abridgement of rights. Nothing in this section shall be construed to abridge or waive any rights or remedies of an owner of property at law or in equity. ARTICLE IX. ABATING BAWDY PLACES Sec. 21-24-565. Definitions. As used in this article: Affidavit means the affidavit prepared by a locality in accordance with section 21-216 hereof. Bawdy place means the same as that term is defined in section 18.2-347,Code of Virginia. Corrective action means the taking of steps which are reasonably expected to be effective to abate a bawdy place on real property,such as removal, repair or securing of any building,wall or other structure. Owner means the record owner of real property. Property means real property. Sec. 21- 66.Affidavit and notice requirements. In addition to enforcement procedures established elsewhere,the city manager is authorized to undertake corrective action with respect to a bawdy place on real property in accordance with the procedures described herein. (a) The city manager or the city manager's designee shall execute an affidavit,citing section 15.2-908.1, Code of Virginia,and this article,and affirming that a bawdy place exists on certain property in the manner described therein;that the city has used due diligence without effect to abate the bawdy place;and that the bawdy place constitutes a present threat to the public's health,safety or welfare.A present threat to the public's health,safety and welfare is defined as the regular presence on the property of persons who engage in aid or give any information or direction to any person with the intent to enable such person to commit acts of lewdness,assignation or prostitution. (b) The city manger shall submit the affidavit to the city attorney requesting that the last known owner of the property be notified by regular mail sent to the last known address as it appears in the assessment records of the city.The notice and a copy of the affidavit shall advise the owner that the owner has up to thirty(30)days from the date thereof to undertake corrective action to abate the bawdy place described in the affidavit and,that if requested to do so,the city will assist the owner in determining and coordinating the appropriate corrective action to abate the bawdy place described in the affidavit. Sec. 21- 67. Failure to take corrective action. If no corrective action is undertaken by the owner of the property within thirty(30)days from receipt of notice from the city as provided for in section 21-216,the city attorney shall send by regular mail an additional notice to the owner of the property,at the address stated in the assessment records of the city.This final notice shall state that within fifteen (15)days from the mailing of the notice,the city will commence to abate the bawdy place taking such corrective action as is described in the notice which may include, but is not limited to,the removal of the building or other structure so as to abate the bawdy place on the property. Upon receipt of this final notice,the owner shall have the right, upon reasonable notice to the city,to seek equitable relief,and the city shall initiate no corrective action while a proper petition is pending before a court of competent jurisdiction. Sec. 21-24968.Assessment of costs. If the city undertakes the corrective action with respect to the property after complying with the notice provisions found herein,the costs and expenses thereof shall be chargeable to and paid by the owner of such property and may be collected by the city in the same manner as taxes and levies are collected. Every charge authorized by this section with which the owner of any such property has been assessed and which remains unpaid shall constitute a lien against such property with the same priority as liens for unpaid local real estate taxes and enforceable in the same manner as provided in articles 3(section 58.1-3940 et seq.)and 4(section 58.1-3965 et seq.)of chapter 39,title 58.1,Code of Virginia (1950), as amended. Sec. 21-24-969. Corrective action by owner. If the owner of such property takes timely corrective action pursuant to this article,the city shall deem the bawdy place abated and shall close the proceeding without any charge or costs to the owner and shall promptly provide written notice to the owner that the proceeding has been terminated satisfactorily.The closing of a proceeding shall not bar the city from initiating a subsequent proceeding if the bawdy place recurs. Sec. 21-24970. Abridgement of rights. Nothing in this section shall be construed to abridge or waive any rights or remedies of an owner of property at law or in equity. ARTICLE X. PUBLIC DANCE HALLS Sec. 21-2-24-71. Definitions. As used in this article: Chief of police means the chief of police for the Police Department of the City of Roanoke. Law enforcement officer means any full or part-time employee of a police department or sheriff's office which is a part of or administered by the Commonwealth or any political subdivision thereof,and who is responsible for the prevention and detection of crime and the enforcement of the penal,traffic or highway laws of the Commonwealth as further defined by Section 9.1-101 of the Code of Virginia. Owners means all persons or individuals having at least a ten(10) percent financial interest in a public dance hall, including, but not limited to,all partners,shareholders or interest holders. Public dance hall means any place open to the general public where dancing is permitted. However, any restaurant licensed under Sections 4-98.1 and 4-98.2 of the Code of Virginia to serve food and beverages, having a dance floor with an area not exceeding ten (10)percent of the total public floor area of the establishment,shall not be considered a public dance hall. Public floor area means that square footage of an establishment that is open to the general public.This does not include kitchen space, restrooms,office space or meeting rooms. Security officer means a natural person employed to(i)safeguard and protect persons and property,or(ii) deter theft, loss,or concealment of any tangible or intangible personal property on the premises he is contracted to protect,and who is legally able to carry or have access to a firearm in the performance of his or her duties and permitted by Sections 9.1-138 and 9.1-139 of the Code of Virginia. Sec. 21-24272. Permit required to operate a dance hall. (a) No person shall operate a public dance hall in the city,without having first obtained a permit issued pursuant to this article. No permit shall be granted by the chief of police for the operation of a public dance hall in the city, until the applicant has complied with the requirements of this section. (b) Any person desiring to obtain a permit for the operation of a public dance hall shall make written application therefor to the chief of police. Such application shall contain the following information: (1) The address and tax map number of the proposed public dance hall; (2) The names and addresses of all owners of the proposed public dance hall; (3) A detailed drawing or sketch clearly showing the layout of the public dance hall and indicating the amount of off-street parking available for patrons; (4) A detailed security plan to assist the police department with crime prevention and crowd control; (5) An endorsement obtained from the fire marshall or his/her designee certifying that the proposed public dance hall complies with the Statewide Fire Prevention Code; (6) An endorsement obtained from the city's zoning administrator or his/her designee certifying that the proposed public dance hall complies with the Virginia Uniform Statewide Building Code and the city's zoning ordinance. (c) All permits issued pursuant to this article shall be valid for one(1)year upon date of issuance.A public dance hall permit can be renewed by the police chief or his/her designee.The renewal application shall be submitted to the police chief at least thirty(30)days prior to the expiration of the existing public dance hall permit.The renewal public dance hall permit application shall contain the same information required in the original permit, however such information must be updated as of the date of the renewal application. (d) No fee is required to be made by the person making an application for a public dance hall permit under this article. (e) Upon the filing of an application for a public dance hall permit or renewal of an existing permit,the police chief or his/her designee may receive statements as evidence relevant to the permit or renewal application. A public dance hall permit application may be refused if there is reasonable cause to believe that an applicant or owner of a proposed public dance hall has failed to comply with or is in violation of any of the conditions set forth in Virginia Code Section 4.1-222 for the granting of a license from the Virginia Alcoholic Beverage Control Board;or for a violation of any provision of this article. (f) A permit to operate a public dance hall is not transferable. (g) The police chief or his/her designee may suspend or revoke a permit granted under this article upon a finding by the police chief that the holder of a public dance hall permit has failed to comply with or is in violation of any of the conditions set forth in Virginia Code Section 4.1-222 for the granting of a license from the Virginia Alcoholic Beverage Control Board;or for a violation of any provision of this article. Sec. 21-2-2473. Appeal of decisions of the police chief. Any applicant or holder of a permit issued pursuant to this article may appeal denial of their application; any suspension or revocation of their public dance hall permit; or surrender of their restaurant license as allowed under section 13-15 of the Code of the City of Roanoke to the city manager under the following procedures: (1) An applicant or holder of a permit must file their appeal with the police chief within thirty(30)days of the denial,suspension or revocation of a public dance hall permit. (2) The city manager will conduct a hearing of the appeal within thirty(30)days of the applicant or holder's filing of an appeal. (3) The city manager shall render a written decision on the appeal within ten (10)business days following the hearing after consulting with the city attorney.The public dance hall permit or restaurant license may be: a. Reinstated without conditions. b. Reinstated with conditions and/or restrictions. c. Temporarily suspended for a period to be set by the city manager. d. Permanently revoked. (4) The decision of the city manager and/or his/her designee shall be the final decision regarding the denial,suspension or revocation of a public dance hall permit or restaurant license. 37 Sec. 21- 74. Security requirements. Whenever the number of patrons in a public dance hall is below fifty(50),then the public dance hall is not required to have any security employees or contractors inside or outside of such public dance hall. However,when the number of patrons in a public dance hall is at fifty(50)or more,then the public dance hall shall have the following number of security employees or contractors both inside and outside of such public dance hall as set forth below: Outside Security Requirements No.of PatronsNo.of Law Enforcement Officers 50-300 One(1)law enforcement officer Over 300 Two(2) law enforcement officers Inside Security Requirements No.of Patrons No.of Security Officers 50-150 One(1)security officer 151-300 Two(2)security officers Over 300 Three(3)security officers A public dance hall shall maintain the outside security requirements beginning at 11:00 p.m.of each Friday and Saturday night and ending at 3:00 a.m.the following day.A public dance hall shall maintain the inside security requirements beginning at 11:00 p.m.of each Friday and Saturday night and ending at thirty(30) minutes after the closing of the public dance hall.The applicant or permit holder for the public dance hall shall be responsible for ensuring the compliance of the public dance hall with this section. Sec. 21-2-2&75. Right of entry of law enforcement. Members of the city police department,city sheriff's office, and city fire marshal may enter any public dance hall operated pursuant to a permit issued under the provisions of this article at all hours,to insure that the peace and quiet of the city are preserved and that the conditions and restrictions of this article are observed. Sec. 21-2,167,6. Operator not to permit intoxicated or disorderly persons on premises. It shall be a violation of this article for any holder of a public dance hall permit to allow any person under the influence of alcoholic beverages or any disorderly person to enter or remain in a public dance hall. Sec. 21-2,1-777. Minors prohibited if alcoholic beverages are sold; exception. (a) It shall be unlawful for any minor to enter,be or remain in any public dance hall in the city or any other place in the city open to the public where dancing is permitted and ongoing;and where alcoholic beverages are being consumed or are being sold or dispensed for consumption therein or thereat,except on business,and when on business,such minor shall be required to depart therefrom as soon as his business is transacted. (b) It shall be unlawful for the owner,operator or person in charge of any public dance hall in the city or of any other place in the city open to the public where dancing is permitted and ongoing; and where alcoholic beverages are being consumed or are being sold or dispensed for consumption therein or thereat,to allow or permit any minor to enter, be or remain in any such public dance hall or place,except on business,and 38 when on business,such minor shall be required to depart therefrom as soon as his business has been transacted. (c) The presence of any minor in any such public dance hall or such other place for the purpose of dancing or watching dancing shall not be considered as being therein on business. (d) The term "alcoholic beverages,"when used in this section,shall have the meaning prescribed by the state Alcoholic Beverage Control Act(Section 4-1 et seq.,Code of Virginia). (e) The owner,operator or person in charge of any such public dance hall or such other place open to the public where dancing is permitted, and while dancing is ongoing,shall have and keep posted conspicuously at the entrance or entrances of such public dance hall or such other place a sign or signs in bold letters, not less than two(2)inches in height, reading"NO MINORS ALLOWED." Sec. 21- 78. Manager to be present during operation and restrictions on hours of operation. (a) Each permit holder, except an individual who is a permit holder and on the premises,shall have a designated manager present at all times the public dance hall is in operation.All designated managers must be at least twenty-one(21)years of age.The name of the designated manager of every public dance hall shall be kept posted in a conspicuous place in the public dance hall in letters not less than one(1)inch in size,during such time as the manager is in charge. (b) No public dance hall shall remain open after 3:00 a.m. Sec. 21-2-2-979. Exemptions for charitable dances. Dances held for benevolent or charitable purposes and dances conducted under the auspices of religious, educational,civic or military organizations are exempt from the requirements of this article. In order to qualify for this exemption,dances held for benevolent or charitable purposes must donate fifty(50)percent of the gross proceeds to a qualified charitable or tax exempt organization under Section 501(c)of Federal Internal Revenue Code. Sec. 21-23980.Violations of article. (a) Any person violating any section of this article or failing to comply with any portion of this article shall be guilty of a Class 3 misdemeanor. Each day of violation of any provision of this article occurs shall constitute a separate offense. (b) Any business location where individuals have been convicted of three(3)or more violations of this article within a twelve-month period shall surrender its restaurant license pursuant to section 13-15 of the Code of the City of Roanoke. (c) In addition thereto and not in lieu thereof,any continuing violation of any section of the article may be enjoined by the Circuit Court upon application of the attorney for the City of Roanoke.The City of Roanoke through the office of the city attorney in addition to the injunction may seek civil relief to recover the costs of providing services to businesses that are in violation of this article. ARTICLE XI. METHAMPHETAMINE LAB CLEANUP Sec. 21-2-3481. Methamphetamine laboratory cleanup cost recovery. Pursuant to Virginia Code§15.2-1716.2,as amended, methamphetamine lab cleanup costs; localities may charge for reimbursement.Any person convicted of an offense for the manufacture of methamphetamine under Virginia Code§ 18.2-248 or§ 18.2-248.03 shall,at the time of sentencing or in a separate civil action, be liable to the City of Roanoke for restitution of expenses incurred in the cleanup of any methamphetamine lab related to the 39 conviction.The amount charged shall not exceed the actual expenses incurred associated with cleanup, removal or repair of the affected property,or the replacement cost of personal protective equipment used. 2. This Ordinance shall be in full force and effect immediately upon its adoption. 3. Pursuant to Section 12 of the Roanoke City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. 40 CITY OF ROANOKE OFFICE OF THE CITY ATTORNEY 464 MUNICIPAL BUILDING David L. Collins 215 CHURCH AVENUE, SW Laura M. Carini ROANOKE,VIRGINIA 24011-1595 Douglas P. Barber,Jr. Kelsey M. Durkin Timothy R. Spencer TELEPHONE 540-853-2431 Jennifer L. Crook City Attorney FAX 540-853-1221 Assistant City Attorneys EMAIL: timothy.spencer@roanokeva.gov December 6, 2021 The Honorable Mayor Sherman P. Lea, Sr, and Members of Roanoke City Council Re: City Code Amendments Chapter 21, Miscellaneous Offenses Dear Mayor Lea and Members of City Council: In an effort to update our City Code to both, conform to the Code of Virginia and address the current needs of the City, our office reviewed the miscellaneous criminal offenses set forth in Chapter 21 of the City Code. After reviewing these code sections contained and conferring with the Police Department and other staff members within the City, we are proposing that significant changes be made to Chapter 21. The purpose for these amendments is to better align the City Code with the Code of Virginia while mirroring the City's principals of equity and inclusion. Several of the Code sections amended and/or deleted do not reflect accepted societal norms of today. Further, several proposed amendments are made to better reflect the enforcement norms of the Police Department. In general, the proposed amendments can be broken into three categories; amendments to reflect that prosecutions of such violations normally occur under the Code of Virginia; amendments to better incorporate the Code of Virginia; and to delete certain City Code Sections that are no longer applicable in today's society. A majority of the deleted City Code Sections are deleted because such violations are prosecuted exclusively under the Code of Virginia. Recommended Action Amend and reordain Chapter 21 of the City Code to conform to the Code or Virginia and to update certain sections to societal norms of current day. Sincerely, Ti y encer ity ttorney TRS/lsc P12— IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA The 6th day of December 2021. No. 42229-120621. AN ORDINANCE amending and reordaining subsection(d), Section 32-104, Levied; rate, Article III, 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. WHEREAS, City Council adopted Ordinance No. 38757-031510, on March 15, 2010, which amended Section 32-104 (d), Code of the City of Roanoke,by providing that the owners of certain motor vehicles which use clean special fuels shall receive a tax credit in the amount of ten percent (10%) of the personal property tax due, and that such credit is applied after the Commonwealth of Virginia's personal property tax relief(PPTRA) has been applied to the tax;l WHEREAS, by Ordinance No. 41931-122120 adopted by City Council on December 21, 2020, City Council amended and reordained Section 32-104(d), Code of City of Roanoke, to provide that the 10%credit on the amount of the personal property tax due from owners of motor vehicles that use clean special fuels shall be applied before PPTRA has been applied to such tax, as recommended by the vendors of the PCI software which will be used to administer the City's tax, treasury, and accounts receivables in the future; and WHEREAS, the PCI software vendors have subsequently recommended that the City return to applying the 10% credit after PPTRA has been applied to the tax to be consistent with its historical application of this credit. NOW THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Subsection (d), Section 32-104, Levied; rate, Article III, Tax on Tangible Personal Property Generally, Chapter 32, Taxation, Code of the City of Roanoke (1979) as amended, is amended to read and provide as follows: (d) Effective January 1, 2010, the tax rate contained in this section shall not apply to motor vehicles which use clean special fuels, as defined in §58.1-3506.A.22, Code of Virginia. For purposes of the taxation of such vehicles pursuant to this article, there is hereby imposed and levied, and there shall be collected, for each tax year, a tax at the rate of three dollars and forty-five cents ($3.45) on every one hundred dollars ($100.00) of the fair market value of such vehicle; provided that the owner shall receive a credit of ten percent (10%) on the amount due beforeafter the State's personal property tax relief(PPTRA)has been applied to the tax. 2. The ordinance shall be effective immediately upon its adoption. 3. Pursuant to Section 12 of the Charter of the City, the second reading of this ordinance by title is hereby dispensed with. ATTEST: j VW A City Clerk. _- CITY OF ROANOKE David L. Collins OFFICE OF THE CITY ATTORNEY Laura M. Carini 464 MUNICIPAL BUILDING Douglas P. Barber,Jr. Vows V9- 215 CHURCH AVENUE,SW Kelsey M. Durkin OANOKE,VIRGINIA 24011-1595 Jennifer L. Crook Assistant City Attorneys Timothy R. Spencer TELEPHONE 540-853-2431 City Attorney FAX 540-853-1221 EMAIL: cityatty@roanokeva.gov December 6, 2021 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Amend and Re-Ordain Section 32-104 (d), Code of City of Roanoke (1979), to Change the Time When the Ten Percent Credit is Applied to the Personal Property Tax Due on Motor Vehicles that Use Clean Special Fuels. Dear Mayor Lea and Members of Council: By Ordinance No. 41931-12210 adopted by City Council on December 21, 2020, City Council amended and reordained subsection (d) of Section 32-104, levied; rate, Article III, Tax on Tangible Personal Property Generally, Code of City of Roanoke (1979) as amended, to provide that the ten percent (10%) credit on the amount of the personal property tax due from owners of motor vehicles that use clean special fuels shall be applied before the Commonwealth of Virginia's Personal Property Tax Relief Act assistance (PPRTA) has been applied to such tax. This change was recommended by the developers of the PCI software that will be used to assess and collect personal property taxes in the future. After developing and testing the application of the clean special fuels credit as adopted above, PCI developers determined that the City would be better served applying the credit after PPTRA, consistent with its historical application of the credit since 2010. The Commissioner of the Revenue and the City Treasurer support this change. For the aforementioned reasons, I recommend that City Council adopt the attached Ordinance amending and reordaining Subsection (d), Section 32-104, levied; rate, Article III, Tax on Tangible Personal Property Generally, Code of City of Roanoke (1979) as amended in the manner set forth above. Sincerely, Ti th . Spencer C y Attorney TRS/lsc c: Robert S. Cowell, Jr., City Manager William Brent Robertson, Assistant City Manager for Community Development Sherman Holland, Commissioner of the Revenue Greg Emerson, Deputy Commissioner of the Revenue Evelyn Powers, City Treasurer Tasha Burkett, Information Systems Auditor Drew Harmon, Municipal Auditor David L. Collins, Senior Assistant City Attorney � CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Room 456 Roanoke;Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 E-mail: clerk@roanokeva.gov CECELIA F.MCCOY,CMC CECELIA T.WEBB,CMC City Clerk Deputy City Clerk December 8, 2021 R. Ronald Jordan Managing Director Advantus Strategies, L.L.C. 1011 E. Main Street, Suite 400 Richmond, Virginia 23219 Dear Mr. Jordan: I am enclosing a copy of Resolution No. 42230-120621 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. I have also enclosed the FINAL DRAFT Legislative Program for 2022 General Assembly Session. The above referenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 6, 2021, and is in full force and effect upon its passage. Sincerely, G 1�6_r Cecelia F. McCoy City Clerk Enclosures c: Lutheria H. Smith, Chairperson, Roanoke City School Board, P. O. Box 13145 Roanoke, Virginia 24031 Dr. Eli C. S. Jamison, Vice-Chairperson, Roanoke City School Board, P. O. Box 13145, Roanoke, Virginia 24031 Timothy Spencer, City Attorney IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th day of December 2021. No. 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. WHEREAS, previous Legislative Programs of the City have been responsible for improving the efficiency of local government and the quality of life for citizens of this City and our Blue Ridge region; WHEREAS, Council is desirous of again adopting and endorsing a Legislative Program to be advocated by the Council and its representatives at the General Assembly; WHEREAS, Council is also desirous to authorize its legislative liaison to advocate the position of the City on matters that may affect the City that are not specifically included in its Legislative Program in an efficient and effective manner; and WHEREAS, the Legislative Committee of City Council has recommended to Council a Legislative Program to be presented at the 2022 Session of the General Assembly. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the 1. The Legislative Program transmitted by the Legislative Committee is hereby adopted and endorsed by the Council as the City's official Legislative Program for the 2022 Session of the General Assembly. 2. Council authorizes the City's legislative liaison to advocate on all matters that arise during the 2022 Session of the General Assembly that may affect the interests of the City. With respect to matters that are not specifically included in the 2022 Legislative Program, the City's legislative liaison shall first advise the Chair or Vice Chair of the Legislative Committee and the City Manager of the particular matter and the position that the City should advocate and shall receive the consent of the Chair or Vice Chair of the Legislative Committee and the City Manager to proceed. 3. At the School Board meeting held on November 9, 2021 the School Board approved 2022 Legislative Program. ATTEST: City Clerk. City of Roanoke Legislative Committee FINAL DRAFT Legislative Program for 2022 General Assembly Session Fiscal Policy Any proposed comprehensive tax reform must be based on the fundamental principle that local revenue sources cannot be further limited or restricted by the General Assembly without the enactment of legislation that will authorize localities to establish meaningful and viable alternative sources of local revenue. The General Assembly must vigilantly and effectively avoid enactment of any further unfunded mandates to localities and initiate procedures to review, assess, and eliminate existing and burdensome unfunded mandates imposed on localities. Unfunded mandates include mandatory tax exemptions or reductions to specific groups of individuals, as worthy and deserving as they may be. Technology and Infrastructure Policy The General Assembly should eliminate impediments facing localities from bringing 21s, Century technology to their citizens. The Commonwealth and the City must develop partnerships among federal, state, and local constituencies to expand highway infrastructure development throughout Virginia's Blue Ridge Region, including the expansion of I-73, which incorporates improving the safety and economic development worthiness of US Rte. 220. Environmental Policy The City opposes any efforts by the General Assembly to mandate further exemptions from payment of local stormwater utility fees. In addition, the City requests the General Assembly to hold localities harmless from any costs associated with increases in the load of sediment and other pollutants of concern that enter waters of the Commonwealth, including rivers, streams, and tributaries, where such increases in the Total Maximum Daily Load for a locality are attributable to projects and developments approved by the Commonwealth that include crossings of bodies of water within the Commonwealth. The City supports legislation to promote the generation and use of renewable energy, including expanding the authority of localities to enter into power purchase agreements with utilities for the generation of electricity through solar power. The City encourages socially responsible investments, including investments in renewable energy, by VRS and all other funds invested by the Commonwealth. The City supports energy efficiency and renewable energy programs for public transportation services statewide, emphasizing the need for more equitable, accessible, and cleaner transportation options. Economic Development Policy The City encourages the General Assembly to maintain existing tools, including historic tax credits, to encourage development and redevelopment throughout the City and Virginia's Blue Ridge Region. The City supports continuation and increased funding for the Commonwealth's Opportunity Fund (COF). This important economic development incentive program has played a major role in several Roanoke job-creation projects. The COF is an essential tool in competing with other states which often offer lucrative incentive packages to prospective companies. The City encourages the General Assembly to refrain from enacting further limitations on planning, development, and zoning tools that localities may use in regulating and promoting development within their communities. Public transportation is an important economic development tool for the regional economy. The General Assembly should increase funding for transit services and create opportunities for regional localities to collaborate in expanding public transportation throughout the region. Education Policy The City of Roanoke and Roanoke City Public Schools strongly urge the General Assembly to amend current school funding programs to fully fund its obligations under the Standards of Quality (SOQ). Specifically, we seek a secure, sustainable state revenue source to assist localities and school divisions to fund two initiatives: 1. School divisions need evidence-based, in-school tutoring to restore student learning loss. 2. To provide ongoing professional development and support for teachers and staff who must effectively deliver new curricula and instruction while exercising high levels of cultural competency. These revenue streams would address post-pandemic learning conditions and the training of faculty and staff on new curricula and pedagogies resulting from the updated curricula (approved in Winter 2021 General Assembly session). This recommendation will require amendments to establish transparent criteria for equitable distribution of such funding, including funding to support the hiring of qualified tutors and the development and delivery of professional development opportunities needed to meet the Standards of Learning (SOL) requirements. Public Safety Policy The City supports legislation that preserves law and order and promotes public safety throughout the City, including legislative initiatives that provide funding to assist localities in protecting the public from gun violence. The City supports legislation to enable localities to enact ordinances that exceed statewide standards with respect to the sale, possession, storage, and carrying of firearms and ammunition. The City emphasizes the importance of continuous criminal justice reform and the establishment of appropriate standards for law enforcement to protect the civil rights of citizens. Further, the Commonwealth and City must expand the meaning of well-being and community safety to include education, economic opportunity, rehabilitation, and other support initiatives. The Governor and General Assembly should ensure that additional funds are provided to sufficiently support these efforts alongside law enforcement. Civil and Voting Rights Policy The City supports the repeal of Article I, Section 15-A of the State Constitution regarding marriage. The City emphasizes the importance of keeping constituents aware and informed on their civil rights and liberties, most especially their right to vote. Thus, the City supports all efforts at making voting as accessible and equitable as possible. Community Policy The City supports measures to ensure a statewide living wage that incorporates the value of benefits to promote the health and well-being of workers and their families. The City supports legislation to promote healthcare for all Virginians, including reproductive healthcare, free from discrimination based on sex, race, ethnicity, sexual orientation, or gender identity. The City supports legislation to address the health issues presented by vaping. 2022 VML and VSBA Legislative Programs The City endorses and supports the 2022 VML Legislative Program and VML Policy Committee Statements, as well as the VSBA Legislative Priorities. Legislative Priorities 1. Establish real estate lien status and priority for unpaid local solid waste collection fees in a manner similar to the lien for unpaid stormwater utility fees. Enhancing the ability to collect existing taxes and fees reduces pressure to enact increases. This proposal requires an amendment to § 15.2-928, Code of Virginia 1950, as amended, by adding a new Subsection C as follows: C. In the event that charges are not paid when due, interest thereon shall at that time accrue at the rate, not to exceed the maximum amount allowed by law, determined by the locality until such time as the overdue payment and interest are paid. If such charges are combined with real estate taxes, the charges, and any interest thereon, shall constitute a lien against the real property identified in the billing, ranking on a parity with liens for unpaid local real estate taxes. The locality may combine the billings for recycling and waste disposal charges with billings for water or sewer charges, stormwater charges, real property tax assessments, or other billings; in such cases, the locality may establish the order in which payments will be applied to the different charges. No locality shall combine its billings with those of another locality or political subdivision, including an authority operating pursuant to the Virginia Water and Waste Authorities Act (§ 15.2-5100 et seq.), unless such locality or political subdivision has given its consent by duly adopted resolution or ordinance. 2. Adopt amendments to § 15.2-922 (A), Code of Virginia 1950, as amended, to authorize localities to require retrofitting of buildings containing one or more dwelling units to install and maintain smoke alarms. This type of amendment has been implemented with respect to schools,juvenile care facilities, assisted living facilities, and nursing homes. This recommendation requires amendments to § 15.2-922 (A), Code of Virginia 1950, as amended. City staff are drafting language for this priority. 3. Adopt legislation to allow localities to limit smoking to designated areas in outdoor parks no farther than 100 feet from recreation centers, outdoor playgrounds, and sports fields. This recommendation will require an amendment to § 15.2-2826, Code of Virginia 1950, as amended. Code of Virginia Table of Contents » Title 15.2. Counties, Cities and Towns » Chap. 28.2 Virginia Indoor Clean Air Act § 15.2-2826.Designation of"No-Smoking" areas; smoking prohibited in "No- Smoking" areas; penalty for violation.— A. The proprietor or other person in charge of(i) an educational facility, except any public elementary,intermediate, or secondary school; (ii) a health care facility; (iii) a retail establishment of 15,000 square feet or more serving the general public, including,but not limited to,department stores,grocery stores,drug stores,clothing stores,and shoe stores; and(iv)recreational facilities shall designate reasonable no- smoking areas, considering the nature of the use and the size of the building. B In addition to the authority to establish parks, recreation facilities and playgrounds set forth in Code � 15.2-1806, a locality may limit smoking to designated areas within one hundred (100) feet of a sports field, recreation center or outdoor playwound. RC. The proprietor or other person in charge of a space subject to the provisions of this section shall post signs conspicuous to public view stating "Smoking Permitted" or "No Smoking." Any person failing to post such signs shall be subject to a civil penalty of not more than $25. ED. No person shall smoke in a designated no-smoking area and any person who continues to smoke in such area after having been asked to refrain from smoking shall be subject to a civil penalty of not more than $25. DE. Civil penalties assessed under this section shall be paid into the Virginia Health Care Fund established under § 32.1-366. (2009, cc. 153, 154.) 4. Adopt legislation make the Virginia Museum of Transportation an official state agency. Senator Edwards is expected to introduce legislation for this purpose. 5. Adopt legislation to provide a tax credit equal to the purchase price of an Automated External Defibrillator (AED) to be placed in a new or used vehicle. This recommendation requires enactment of legislation to add a new section to the Code of Virginia as follows: § 58.1-339.13. Automated External Defibrillator Tax Credit (Effective January 1, 2023) A. As used in this section, unless the context requires a different meaning: "Automated External Defibrillator" means an external, portable device that automatically analyzes an individual's heart rhythm, and will attempt to restore such individual's heart rhythm by delivering an electronic shock to the heart. "Certified" means an Automated External Defibrillator approved by the United States Food and Drug Administration (FDA). "Individual" means an individual taxpayer who is filing a Virginia individual income tax return. B. For taxable years beginning on and after January 1, 2023, any individual who purchases a certified automated external defibrillator shall be entitled to a one-time credit against the tax levied pursuant to §58.1-2402 for an individual's purchase of a new or used motor vehicle as the term "motor vehicle" is defined by that provision. The credit shall be applied by the individual on the individual's Virginia tax return for the year following the year of purchase of the certified automated external defibrillator. Only certified automated external defibrillators that are purchased new and are not pre-owned are eligible for the credit. C. The amount of such credit under this subsection shall not exceed $1,200 for the year of purchase. If the amount of the credit exceeds the taxpayer's liability for such taxable year, the excess may be refunded by the Tax Commissioner. Tax credits shall be refunded by the Tax Commissioner on behalf of the Commonwealth for 100 percent of face value. Tax credits shall be refunded within 90 days after the filing date of the Virginia income tax return on which the individual applies for the refund. 6. Adopt legislation to allocate $15,000,000 from the Commonwealth's American Rescue Act Plan (ABPA) funds for capital investment to support spin-off companies in the Innovation Corridor. Delegate Rasoul is expected to introduce legislation for this purpose. 7. Adopt legislation to allocate $200,000,000 from the Commonwealth's American Rescue Act Plan (ARPA) funds for a reimagining of Catawba Hospital to provide more beds for mental health and substance abuse treatment programs. Delegate Rasoul is expected to introduce legislation for this purpose. 8. Adopt legislation to authorize a special commissioner to convey certain property directly to a land bank. This recommendation requires amendments to § 58.1-3970.1, Code of Virginia 1950, as amended, as follows: § 58.1-3970.1. Appointment of special commissioner to execute title to certain real estate with delinquent taxes or liens to localities or land bank entities. A. Except as provided in subsection B, in any proceedings under this article for the sale of a parcel or parcels of real estate which meet all of the following: (i) each parcel has delinquent real estate taxes or the locality has a lien against the parcel for removal, repair or securing of a building or structure; removal of trash, garbage, refuse, litter; or the cutting of grass, weeds or other foreign growth, (ii) each parcel has an assessed value of $75,000 or less, and (iii) Usuch taxes and liens, together, including penalty and accumulated interest, exceed 50 percent of the assessed value of the parcel,__ such taxes alone exceed 25 percent of the assessed value of the parcel, or (c) such taxes and or liens together, including penalty and accumulated interest exceed 10 percent of the assessed value of the parcel and the parcel contains a structure which is a "derelict building;" the locality may petition the circuit court to appoint a special commissioner to execute the necessary deed or deeds to convey the real estate either to the locality, or directly to a land bank entity, or existing nonprofit entity designated by the locality to carry out the functions of a land bank entity pursuant to the Land Bank Entities Act (�15 2 7500 et seg ) in lieu of the sale at public auction. After notice as required by this article, service of process, and upon answer filed by the owner or other parties in interest to the bill in equity, the court shall allow the parties to present evidence and arguments, ore tenus,prior to the appointment of the special commissioner. Any surplusage accruing to a locality or land bank entity as a result of the sale of the parcel or parcels after the receipt of the deed shall be payable to the beneficiaries of any liens against the property and to the former owner, his heirs or assigns in accordance with § 58.1-3967. No deficiency shall be charged against the owner after conveyance to the locality or land bank entity. B. For a parcel or parcels of real estate in a locality with a score of 100 or higher on the fiscal stress index, as published by the Department of Housing and Community Development in July 2020, all of the provisions of subsection A shall apply except (i) that the percentage of taxes and liens, together, including penalty and accumulated interest, and the percentage of taxes alone set forth in clauses (iii) (a) and (iiia of subsection A shall exceed 35 percent and 15 percent, respectively, of the assessed value of the parcel or parcels or (ii) that the percentage of taxes and liens, together, including penalty and accumulated interest, and the percentage of taxes alone set forth in clauses (iii) (a) and (iii)(b) of subsection A shall exceed 20 percent and 10 percent, respectively, of the assessed value of the parcel or parcels, and each parcel has an assessed value of$150,000 or less, provided that under this clause the property is not an occupied dwelling, and the locality enters into an agreement for sale of the parcel to a nonprofit organization to renovate or construct a single-family dwelling on the parcel for sale to a person or persons to reside in the dwelling whose income is below the area median income. C. For purposes of subsection A clause (iii)(c) a derelict building means a residential or nonresidential building or structure whether or not construction has been completed that might endanger the public's health safety, or welfare and for a continuous period in excess of 6 months it has been (i) vacant (ii) boarded up in accordance with the building code and (iii)not lawfully connected to electric service from a utility service provider or not lawfully connected to any required water or sewer service from a utility service provider. f DC. For sales by a nonprofit organization pursuant to subsection B, such sales may include either (i) both the land and the structural improvements on a property or (ii)only the structural improvements of a property and not the land the structural improvements are located on. A sale of only the structural improvements is permissible only if (a) the structural improvements are subject to a ground lease with a community land trust, as that term is defined in § 55.1-1200; (b) the structural improvements are subject to a ground lease that has a term of at least 90 years; and (c) the community land trust retains a preemptive option to purchase such structural improvements at a price determined by a formula that is designed to ensure that the improvements remain affordable in perpetuity to low-income and moderate-income families earning less than 120 percent of the area median income, adjusted for family size. Delegate Rasoul is expected to introduce legislation for this purpose. 9. Adopt legislation to amend the Roanoke Charter of 1952, as amended, to delete in its entirety §57A, Clerks of Court, of the Roanoke Charter to eliminate retainage fees from the Clerk of the Circuit Court by the City of Roanoke and allow the Compensation Board of the Commonwealth of Virginia to appropriate for the reimbursement of salaries for personnel with the Clerk of Circuit Courts Department instead. 10. Adopt legislation to amend §§4, 10, and 16 of the Roanoke Charter of 1952, as amended, to reflect a change in election dates and meetings of council generally, as follows: §4. Composition of council; terms of members; designation of vice-mayor, vacancies. The council as presently composed shall continue and shall consist of seven members, one of which shall be the mayor, all of whom shall be elected at large and shall serve for the respective terms as hereinafter provided. The members of council shall serve for terms of four years, from the first day of Ju4yLanuary next following the date of their election and until their successors shall have been elected and qualified.The mayor shall serve for a term of four years from the first day of JuIyLanuary next following the date of election and until a successor shall have been elected and qualified; provided, however, that on the fir-A Tuesday folleiving t4e first- Mondiqy in Mai November, two thousand twenty and on such day each four years thereafter, three council members and a mayor shall be elected for a term of four years, and on the fifst-Tuesday following the first Monday in 1yNovember, two thousand twenty-two, and each four years thereafter, three council members shall be elected for a term of four years. The member of council receiving the largest number of votes in each regular councilmanic election shall be the vice-mayor of the city, for a term of two years, to commence on the first day of jy January_next following the date of such election and until the vice- mayor's successor shall have been elected and qualified. The council shall be a continuing body, and no measure pending before such body shall abate or be discontinued by reason of the expiration of the term of office or removal of the members of council, or any of them. No person may be a candidate for the office of mayor and for the office of council member in the same election. Vacancies in the council or vacancy in the office of mayor shall be filled within yforty-five days, and until the day upon which the terms of office of council members elected in the next following regular councilmanic election shall commence, by a majority vote of the remaining members of council, and if as much as two years of any such unexpired term of a member of council or of the mayor remains at the time of such next regular councilmanic election, a council member or a mayor, as the case may be, shall be elected at such election for the remaining portion of such unexpired term. X10. Meetings of council generally. At two o'clock post meridian on the first Monday of fly anuar next following each regular municipal election, or if such day be a city holiday, then on the day following, the council shall meet at the usual place for holding meetings of the legislative body of the city, at which time the newly elected council members shall assume the duties of their offices. Thereafter the council shall meet at such times as may be prescribed by ordinance or resolution, provided, that it shall hold at least two regular meetings each calendar month, and it shall so order and schedule meetings as to promptly and orderly attend to the business and legislative affairs of the city. The mayor, any member of the council, or the city manager, may call special meetings of the council at any time upon at least twelve hours written notice to the mayor and each member, served personally or left at his usual place of business or residence; or such meeting may be held at any time without notice, on call of the mayor or the city manager provided at least five members of the council attend such meeting. All meetings of the council shall be public, and any citizen may have access to the minutes and records thereof at all reasonable times, except where the public interest may require closed meetings. §16. Time of holding municipal elections. A municipal election shall be held on the €first Tuesday following the first Monday in " November in nineteen laundr #Aue two thousand twenty, and every second year thereafter which shall be known as the regular election for the election of council members. Education Legislative Priorities • Providing school-based, student and teacher health and wellness services o Reviewing age-appropriate health standards for student mental and behavioral health (to include excused absences) o Awareness building and measurement for student social/emotional learning • Providing capital funding to improve/retrofit school facilities to assure equity needs for all students • Creating a college debt forgiveness program for teachers and administrators who serve in underperforming districts to address the teacher shortage • Providing funding for sustained additional learning recovery resources (such as in-school tutoring, innovative after-school programs, extended school year, etc.) for all student who were enrolled in PK-12 in school years 2020 & 2021 • Ensuring funding equity for high-need populations: reflect disparate impact on specific communities such as low-wealth communities, special education populations, and students who live in areas with elevated levels of community violence • Increasing funding and support for High School Graduation programs o Improving Readiness: for post-secondary education opportunities to include remediation for first-generation college students o Removing barriers: for students and to provide early advanced- credit opportunities. o Expanding dual enrollment eligibility: (specifically to address inequitable access) o Considering alternate eligibility criteria because of testing absences o Allowing Competency-Based Learning: permitting credit for experiential opportunities o Expanding funding for workforce development education to include innovative programs and targeted research on regional workforce needs with investment that enables customization of programs to those regional workforce needs • Advocating for the VDOE to adjust Students with Limited or Interrupted Formal Education (SLIFE) dropouts from graduation/dropout calculations for four semesters o Supporting current efforts at the VDOE to define SLIFE and explore necessary changes to the Standards of Accreditation (SOA) • For the 2021-2022 academic year, implementing a "hold harmless" provision from BOE/DOE accountability measures related to the Chronic Absenteeism in the Accreditation process for schools. Considering the significant and ongoing impact of COVID-19 related exposure and illness and the fact that COVID-related absences have been significant since the start of SY 21-22, the impact of the ongoing pandemic on student attendance is an attendance factor beyond the scope of school division attendance interventions. City of Roanoke Legislative Committee Legislative Program for 2022 General Assembly Session Legislative Priorities 1. Establish real estate lien status and priority for unpaid local solid waste collection fees in a manner similar to the lien for unpaid stormwater utility fees. Enhancing the ability to collect existing taxes and fees reduces pressure to enact increases for the high level of existing collection services: weekly solid waste collection, including service for residents who are physically challenged; single-stream recycling collection, weekly collection of brush and bulk items; seasonal bagged-leaf collection; collection inspections; and a collection call center. This proposal requires an amendment to§ 15.2-928, Code of Virginia 1950, as amended,by adding a new Subsection C as follows: C. In the event that charges are not paid when due interest thereon shall at that time accrue at the rate not to exceed the maximum amount allowed by law, determined by the locality until such time as the overdue a Ment and interest are vaid.If such charges are combined with real estate taxes the chargees and any interest thereon shall constitute a lien aeainst the reallproperty identified in the billing o ranking n a parity with hens for unpaid local real estate taxes. The locality may combine the billings for recycling and waste disposal charges with billings for water or sewer charges stormwater charges, real property tax assessments or other billings; in such cases, the locality May establish thp e order in which payments will be aplied to the different charges No locality shall combine its billings with those of another local or political subdivision including an authority operating pursuant to the Virginia Water and Waste Authorities Act (6 15.2-5100 et sea.), unless such locality or political subdivision has given its consent by duly adopted resolution or ordinance. Delegate Rasoul has submitted this bill for drafting. 2. Adopt amendments to § 15.2-922 (A), Code of Virginia 1950, as amended, to authorize localities to require retrofitting of buildings containing one or more dwelling units to install and maintain smoke alarms. This is an 1 existing requirement with respect to schools,juvenile care facilities, assisted living facilities, and nursing homes pursuant to §§ 36-99.3, 36- 99.4, 36-99.5, and 36-99.5:1, respectively. Currently, § 15.2-922(A) allows localities to pass an ordinance to require installation of smoke detectors in "any building containing one or more dwelling units." However, pursuant to a 2013 Virginia Attorney General Opinion, such an ordinancedoes not necessitate the retrofit of those buildings for compliance with the current provision of the Uniform Statewide Building Code ("WSBC")." 2013 Va. AG LEXIS 62, *1-2, 8. This recommendation requires amendments to § 15.2-922 (A) , Code of Virginia 1950, as amended, as follows: § 15.2-922. Smoke alarms in certain buildings. A. Any locality, notwithstanding any contrary provision of law, general or special, may by ordinance require that smoke alarms be installed in the following structures or buildings if smoke alarms have not been installed in accordance with the Uniform Statewide Building Code (§ 36-97 et seq.): (i) any building containing one or more dwelling units, regardless of when the building was constructed, (ii) any hotel or motel regularly used,offered for, or intended to be used to provide overnight sleeping accommodations for one or more persons, regardless of when the building was constructed, and (iii) any rooming houses regularly used, offered for, or intended to be used to provide overnight sleeping accommodations, regardless of when the building was constructed. Smoke alarms installed pursuant to this section shall be installed only in conformance with the provisions of the Uniform Statewide Building Code and shall be permitted to be either battery operated or AC powered. Such installation shall not require new or additional wiring and shall be maintained in accordance with the Statewide Fire Prevention Code (§ 27-94 et seq.) and subdivision C 6 of § 36-105, Part III of the Uniform Statewide Building Code. Nothing herein shall be construed to authorize a locality to require the upgrading of any smoke alarms provided by the building code in effect at the time of the last renovation of such building, for which a building permit was required, or as otherwise provided in the Uniform Statewide Building Code. 2 Both Senator Edwards and Delegate Rasoul have submitted this bill for drafting. 3. Adopt legislation to allow localities to limit smoking to designated areas in outdoor parks no farther than one hundred (100) feet from recreation centers, outdoor playgrounds, and sports fields. Smoking within public park property can and does negatively affect the health of other park users, some of whom have asthma or other respiratory illnesses. Since the founding principle of public parks has been and remains to provide a means for better public health, such prohibitions would be consistent with such a mission. This recommendation will require an amendment to § 15.2-2826, Code of Virginia 1950, as amended, as follows: § 15.2-2826.Designation of"No-Smoking" areas; smoking prohibited in "No- Smoking" areas; penalty for violation.— A.The proprietor or other person in charge of(i)an educational facility,except any public elementary,intermediate, or secondary school; (ii) a health care facility; (iii) a retail establishment of 15,000 square feet or more serving the general public, including,but not limited to,department stores,grocery stores,drug stores,clothing stores,and shoe stores;and(iv)recreational facilities shall designate reasonable no- smoking areas, considering the nature of the use and the size of the building. B In addition to the authority to establish parks recreation facilities and playgrounds set forth in Code § 15.2-1806, a locality may limit smoking to designated areas within one hundred (100) feet of a sports field, recreation center or outdoor playground. 4C. The proprietor or other person in charge of a space subject to the provisions of this section shall post signs conspicuous to public view stating "Smoking Permitted" or"No Smoking." Any person failing to post such signs shall be subject to a civil penalty of not more than $25. ED. No person shall smoke in a designated no-smoking area and any person who continues to smoke in such area after having been asked to refrain from smoking shall be subject to a civil penalty of not more than $25. DE. Civil penalties assessed under this section shall be paid into the Virginia Health Care Fund established under § 32.1-366. 3 Both Senator Edwards and Delegate Rasoul have submitted this bill for drafting. 4. Adopt legislation make the Virginia Museum of Transportation an official state agency. Senator Edwards is expected to introduce legislation and/or a budget amendment for this purpose. 5. Adopt legislation to provide a tax credit equal to the purchase price of an Automated External Defibrillator (AED) to be placed in a new or used vehicle. This recommendation requires enactment of legislation to add a new section to the Code of Virginia as follows: 58.1-339.13. Automated External Defibrillator Tax Credit (Effective Tanuary 1,2023) A As used in this section unless the context requires a different meaning: "Automated External Defibrillator" means an external portable device that automatically analyzes an individual's heart rhythm and will attempt to restore such individual's heart rhythm by delivering an electronic shock to the heart. "Certified" means an Automated External Defibrillator approved by the United States Food and Drug Administration (FDA). "Individual" means an individual taxpayer who is filing a Virginia individual income tax return. B For taxable years beginning on and after lanuary 1, 2023 an individual who purchases a certified automated external defibrillator shall be entitled to a one-time credit against the tax levied pursuant to 658.1-2402 for an individual's purchase of a new or used motor vehicle as the term "motor vehicle" is defined by that provision The credit shall be applied b the individual on the individual's Virginia tax return for the year following the year of12urchase of the certified automated external defibrillator. Only 4 certified automated external defibrillators that are purchased new and are not pre-owned are eligible for the credit. C. The amount of such credit under this subsection shall not exceed $1,200 for the year of purchase If the amount of the credit exceeds the taxlayer's liability for such taxable year, the excess may be refunded by the Tax Commissioner. Tax credits shall be refunded by the Tax Commissioner on behalf of the Commonwealth for 100 percent of face value. Tax credits shall be refunded within 90 days after the filing date of the Virginia income tax return on which the individual applies for the refund. 6. Adopt legislation to allocate $10,000,000 from the Commonwealth's American Rescue Act Plan (ARPA) funds for capital investment to support spin-off companies in the Innovation Corridor from the Regional Accelerator and Mentoring Program (RAMP) and the Fralin Biomedical Research Institute at VTC (FBRI at VTC). Delegate Rasoul is expected to introduce a budget amendment for this purpose. 7. Adopt legislation to allocate $200,000,000 from the Commonwealth's American Rescue Act Plan (ARPA) funds for a reimagining of Catawba Hospital to provide more beds for mental health and substance abuse treatment programs. Delegate Rasoul is expected to introduce a study resolution for this purpose. 8. Adopt legislation to authorize a special commissioner to convey certain property directly to a land bank. This recommendation requires amendments to § 58.1-3970.1, Code of Virginia 1950, as amended, as follows: § 58.1-3970.1. Appointment of special commissioner to execute title to certain real estate with delinquent taxes or liens to localities or land bank entities. A. Except as provided in subsection B,in any proceedings under this article for the sale of a parcel or parcels of real estate which meet all of the 5 following: (i) each parcel has delinquent real estate taxes or the locality has a lien against the parcel for removal, repair or securing of a building or structure; removal of trash, garbage, refuse, litter; or the cutting of grass, weeds or other foreign growth, (ii) each parcel has an assessed value of $75,000 or less, and (iii)LaIsuch taxes and liens,together,including penalty and accumulated interest, exceed 50 percent of the assessed value of the parcels of such taxes alone exceed 25 percent of the assessed value of the parcel, or c) such taxes and or liens together, including penalty and accumulated interest exceed 10 percent of the assessed value of the parcel and the parcel contains a structure which is a "derelict building" the locality may petition the circuit court to appoint a special commissioner to execute the necessary deed or deeds to convey the real estate either to the locality, or directly to a land bank entity, or existing nonprofit entity designated by the locality to carry out the functions of a landbank enti pursuant to the Land Bank Entities Act ($15.2-7500 et sea.), in lieu of the sale at public auction. After notice as required by this article, service of process, and upon answer filed by the owner or other parties in interest to the bill in equity, the court shall allow the parties to present evidence and arguments,ore tenus,prior to the appointment of the special commissioner. Any surplusage accruing to a locality or land bank entity as a result of the sale of the parcel or parcels after the receipt of the deed shall be payable to the beneficiaries of any liens against the property and to the former owner, his heirs or assigns in accordance with § 58.1-3967. No deficiency shall be charged against the owner after conveyance to the locality or land bank entily, B. For a parcel or parcels of real estate in a locality with a score of 100 or higher on the fiscal stress index, as published by the Department of Housing and Community Development in July 2020, all of the provisions of subsection A shall apply except(i) that the percentage of taxes and liens, together, including penalty and accumulated interest, and the percentage of taxes alone set forth in clauses (iii) (a) and (iii) (b) of subsection A shall exceed 35 percent and 15 percent, respectively, of the assessed value of the parcel or parcels or (ii) that the percentage of taxes and liens, together, including penalty and accumulated interest, and the percentage of taxes alone set forth in clauses (iii) (a) and (iii) (b) of subsection A shall exceed 20 percent and 10 percent, respectively, of the assessed value of the parcel or parcels, and each parcel has an assessed value of$150,000 or less, provided that under this clause the property is not an occupied dwelling, and the locality enters into an agreement for sale of the parcel to a nonprofit 6 organization to renovate or construct a single-family dwelling on the parcel for sale to a person or persons to reside in the dwelling whose income is below the area median income. C For purposes of subsection A clause (iii)(c) a derelict building means a residential or nonresidential building or structure whether or not construction has been completed that might endanger the public's health, safe1y, or welfare and for a continuous period in excess of 6 months it has been (i) vacant, (ii) boarded up in accordance with the building code, and (iii)not lawfully connected to electric service from a utility service provider or not lawfully connected to an required water or sewer service from a utility service provider. DC. For sales by a nonprofit organization pursuant to subsection B, such sales may include either (i) both the land and the structural improvements on a property or(ii) only the structural improvements of a property and not the land the structural improvements are located on. A sale of only the structural improvements is permissible only if (a) the structural improvements are subject to a ground lease with a community land trust, as that term is defined in § 55.1-1200; (b) the structural improvements are subject to a ground lease that has a term of at least 90 years; and (c) the community land trust retains a preemptive option to purchase such structural improvements at a price determined by a formula that is designed to ensure that the improvements remain affordable in perpetuity to low-income and moderate-income families earning less than 120 percent of the area median income, adjusted for family size. Delegate Rasoul has agreed to introduce legislation for this purpose. 9. Adopt legislation to amend the Roanoke Charter of 1952, as amended, to delete in its entirety§ 57A, Clerks of Court, of the Roanoke Charter to eliminate retainage fees from the Clerk of the Circuit Court by the City of Roanoke and allow the Compensation Board of the Commonwealth of Virginia to appropriate for the reimbursement of salaries for personnel with the Clerk of Circuit Courts Department instead. Due an error by the newspaper, a public hearing on this charter amendment was not advertised. A budget amendment will be pursued in 2023, and the charter change can be introduced in 2024. 7 10. Adopt legislation to amend§§4, 10, and 16 of the Roanoke Charter of 1952, as amended, to reflect a change in election dates and meetings of council generally, as follows: §4. Composition of council; terms of members; designation of vice- mayor;vacancies. The council as presently composed shall continue and shall consist of seven members, one of which shall be the mayor, all of whom shall be elected at large and shall serve for the respective terms as hereinafter provided.The members of council shall serve for terms of four years, from the first day of JuIyLanuary next following the date of their election and until their successors shall have been elected and qualified. The mayor shall serve for a term of four years from the first day of anua next following the date of election and until a successor shall have been elected and qualified; provided, however, that on the first Tuesday €elleiy���` -� ���a.,_, in"November nineteen h a..,,a s #we twothousand twent and on such day each four years thereafter, three council members and a mayor shall be elected for a term of four years, and on the fist Tuesday following the first Monday in "November, a d `our- two thousand twenty- two, and each four years thereafter, three council members shall be elected for a term of four years. The member of council receiving the largest number of votes in each regular councilmanic election shall be the vice-mayor of the city, for a term of two years, to commence on the first day of Ju4- .� Tanuary next following the date of such election and until the vice-mayor's successor shall have been elected and qualified. The council shall be a continuing body, and no measure pending before such body shall abate or be discontinued by reason of the expiration of the term of office or removal of the members of council, or any of them. No person may be a candidate for the office of mayor and for the office of council member in the same election. Vacancies in the council or vacancy in the office of mayor shall be filled within t4ir_#yforty-five days, and until the day upon which the terms of office of council members elected in the next following regular councilmanic election shall commence, by a majority vote of the remaining members of council, and if as much as two years of any such 8 unexpired term of a member of council or of the mayor remains at the time of such next regular councilmanic election, a council member or a mayor, as the case may be, shall be elected at such election for the remaining portion of such unexpired term. X10. Meetings of council generally. At two o'clock post meridian on the first Monday of J*January next following each regular municipal election, or if such day be a city holiday, then on the day following, the council shall meet at the usual place for holding meetings of the legislative body of the city, at which time the newly elected council members shall assume the duties of their offices. Thereafter the council shall meet at such times as may be prescribed by ordinance or resolution, provided, that it shall hold at least two regular meetings each calendar month, and it shall so order and schedule meetings as to promptly and orderly attend to the business and legislative affairs of the city. The mayor, any member of the council, or the city manager,may call special meetings of the council at any time upon at least twelve hours written notice to the mayor and each member, served personally or left at his usual place of business or residence; or such meeting may be held at any time without notice, on call of the mayor or the city manager provided at least five members of the council attend such meeting. All meetings of the council shall be public, and any citizen may have access to the minutes and records thereof at all reasonable times, except where the public interest may require closed meetings. X16. Time of holding municipal elections. A municipal election shall be held on the 4r4 Tuesday following the first Monday in " November in inineteen hiandfed se ' pAy ``"" two thousand twenty, and every second year thereafter which shall be known as the regular election for the election of council members. Delegate Rasoul has submitted this bill for drafting. 9 Education Legislative Priorities • Providing school-based, student and teacher health and wellness services o Reviewing age-appropriate health standards for student mental and behavioral health(to include excused absences) o Awareness building and measurement for student social/emotional learning • Providing capital funding to improve/retrofit school facilities to assure equity needs for all students • Creating a college debt forgiveness program for teachers and administrators who serve in underperforming districts to address the teacher shortage • Providing funding for sustained additional learning recovery resources (such as in-school tutoring, innovative after-school programs, extended school year, etc.) for all student who were enrolled in PK-12 in school years 2020 &2021 • Ensuring funding equity for high-need populations: reflect disparate impact on specific communities such as low-wealth communities, special education populations, and students who live in areas with elevated levels of community violence • Increasing funding and support for High School Graduation programs o Improving Readiness: for post-secondary education opportunities to include remediation for first-generation college students o Removing barriers: for students and to provide early advanced- credit opportunities. o Expanding dual enrollment eligibility: (specifically to address inequitable access) o Considering alternate eligibility criteria because of testing absences o Allowing Competency-Based Learning: permitting credit for experiential opportunities o Expanding funding for workforce development education to include innovative programs and targeted research on regional workforce needs with investment that enables customization of programs to those regional workforce needs • Advocating for the VDOE to adjust Students with Limited or Interrupted Formal Education (SLIFE) dropouts from graduation/dropout calculations for four semesters o Supporting current efforts at the VDOE to define SLIFE and explore necessary changes to the Standards of Accreditation (SOA) • For the 2021-2022 academic year, implementing a "hold harmless" provision from BOE/DOE accountability measures related to the Chronic Absenteeism 10 in the Accreditation process for schools. Considering the significant and ongoing impact of COVID-19 related exposure and illness and the fact that COVID-related absences have been significant since the start of SY 21-22, the impact of the ongoing pandemic on student attendance is an attendance factor beyond the scope of school division attendance interventions. 11 Policy Statements Fiscal Policy Any proposed comprehensive tax reform must be based on the fundamental principle that local revenue sources cannot be further limited or restricted by the General Assembly without the enactment of legislation that will authorize localities to establish meaningful and viable alternative sources of local revenue. The General Assembly must vigilantly and effectively avoid enactment of any further unfunded mandates to localities and initiate procedures to review, assess, and eliminate existing and burdensome unfunded mandates imposed on localities. Unfunded mandates include mandatory tax exemptions or reductions to specific groups of individuals, as worthy and deserving as they may be. Technology and Infrastructure Policy The General Assembly should eliminate impediments facing localities from bringing 21s'Century technology to their citizens. The Commonwealth and the City must develop partnerships among federal, state, and local constituencies to expand highway infrastructure development throughout Virginia's Blue Ridge Region, including the expansion of I-73, which incorporates improving the safety and economic development worthiness of US Rte. 220. Environmental Policy The City opposes any efforts by the General Assembly to mandate further exemptions from payment of local stormwater utility fees. In addition, the City requests the General Assembly to hold localities harmless from any costs associated with increases in the load of sediment and other pollutants of concern that enter waters of the Commonwealth, including rivers, streams, and tributaries, where such increases in the Total Maximum Daily Load for a locality are attributable to projects and developments approved by the Commonwealth that include crossings of bodies of water within the Commonwealth. The City supports legislation to promote the generation and use of renewable energy, including expanding the authority of localities to enter into power purchase agreements with utilities for the generation of electricity through solar power. The City encourages socially responsible investments, including investments in renewable energy,by VRS and all other funds invested by the Commonwealth. 12 The City supports energy efficiency and renewable energy programs for public transportation services statewide, emphasizing the need for more equitable, accessible, and cleaner transportation options. Economic Development Policy The City encourages the General Assembly to maintain existing tools, including historic tax credits, to encourage development and redevelopment throughout the City and Virginia's Blue Ridge Region. The City supports continuation and increased funding for the Commonwealth's Opportunity Fund (COF). This important economic development incentive program has played a major role in several Roanoke job-creation projects. The COF is an essential tool in competing with other states which often offer lucrative incentive packages to prospective companies. The City encourages the General Assembly to refrain from enacting further limitations on planning, development, and zoning tools that localities may use in regulating and promoting development within their communities. Public transportation is an important economic development tool for the regional economy. The General Assembly should increase funding for transit services and create opportunities for regional localities to collaborate in expanding public transportation throughout the region. Education Policy The City of Roanoke and Roanoke City Public Schools strongly urge the General Assembly to amend current school funding programs to fully fund its obligations under the Standards of Quality (SOQ). Specifically, we seek a secure, sustainable state revenue source to assist localities and school divisions to fund two initiatives: 1. School divisions need evidence-based, in-school tutoring to restore student learning loss. 2. To provide ongoing professional development and support for teachers and staff who must effectively deliver new curricula and instruction while exercising high levels of cultural competency. These revenue streams would address post-pandemic learning conditions and the training of faculty and staff on new curricula and pedagogies resulting from the updated curricula (approved in Winter 2021 General Assembly session). This recommendation will require amendments to establish transparent criteria for equitable distribution of such funding, including funding to support the hiring of qualified tutors 13 and the development and delivery of professional development opportunities needed to meet the Standards of Learning (SOL) requirements. Public Safety Policy The City supports legislation that preserves law and order and promotes public safety throughout the City, including legislative initiatives that provide funding to assist localities in protecting the public from gun violence. The City supports legislation to enable localities to enact ordinances that exceed statewide standards with respect to the sale, possession, storage, and carrying of firearms and ammunition. The City emphasizes the importance of continuous criminal justice reform and the establishment of appropriate standards for law enforcement to protect the civil rights of citizens. Further, the Commonwealth and City must expand the meaning of well-being and community safety to include education, economic opportunity, rehabilitation, and other support initiatives. The Governor and General Assembly should ensure that additional funds are provided to sufficiently support these efforts alongside law enforcement. Civil and Voting Rights Policy The City supports the repeal of Article I, Section 15-A of the State Constitution regarding marriage. The City emphasizes the importance of keeping constituents aware and informed on their civil rights and liberties, most especially their right to vote. Thus, the City supports all efforts at making voting as accessible and equitable as possible. Community Policy The City supports measures to ensure a statewide living wage that incorporates the value of benefits to promote the health and well-being of workers and their families. The City supports legislation to promote healthcare for all Virginians, including reproductive healthcare, free from discrimination based on sex, race, ethnicity, sexual orientation, or gender identity. The City supports legislation to address the health issues presented by vaping. 14 2022 VML and VSBA Legislative Programs The City endorses and supports the 2022 VML Legislative Program and VML Policy Committee Statements, as well as the VSBA Legislative Priorities. 15 F' CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 E-mail: derk@roanokeva.gov CECELIA T.WEBB,CMC CECELIA F.MCCOY,CMC Deputy City Clerk City Clerk December 7, 2021 Garrett Brumfield 301 First Street, S. W., #304 Roanoke, Virginia 24011 Dear Mr. Brumfield: At a regular meeting of the Council of the City of Roanoke which was held on Monday, December 6, 2021, you were appointed as a member of the Fair Housing Board to fill the unexpired term of office of Stephen Grammer ending March 31, 2022. Enclosed you will find a Certificate of your appointment and an Oath or Affirmation of Office which must be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. After the Oath has been administered, please return one copy to the Office of the City Clerk, Room 456, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were appointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy (transmitted by email) of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each member is required "to read and become familiar with provisions of the Act." On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve as a member of the Fair Housing Board. Sincerely, Cecelia F. McCoy, CMC City Clerk Enclosures pc: Antwyne Calloway, Secretary, Fair Housing Board/w application COMMONWEALTH OF VIRGINIA ) To-wit: CITY OF ROANOKE ) I, Cecelia F. McCoy, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the sixth day of December 2021, GARRETT BRUMFIELD was appointed as a member of the Fair Housing Board to fill the unexpired term of office of Stephen Grammer ending March 31, 2022. Given under my hand and the Seal of the City of Roanoke this seventh day of December 2021. City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Room 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 E-mail: clerkCaroanokeva.gov CECELIA T.WEBB,CMC CECELIA F.MCCOY,CMC City Clerk Deputy City Clerk i December 7, 2021 Donna St.Clair 3023 Hickory Woods Drive, N. E., Apt. 66 Roanoke, Virginia 24012 Dear Ms. St.Clair: k At a regular meeting of the Council of the City of Roanoke, which was held on Monday, December 6, 2021, you were appointed as a member (Classified Service/City Employee) of the Personnel and Employment Practices Commission to fill the unexpired term of office of Jackie Clewis ending June 30, 2023. Enclosed you will find a Certificate of your appointment and an Oath or Affirmation of Office which must be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. After the Oath has been administered, please return one copy to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were appointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing a copy(transmitted by email) of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each member is required "to read and become familiar with provisions of the Act." On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve as a member of the Personnel and Employment Practices Commission. Sincerely, Cecelia F. McCoy, CMC City Clerk Enclosures pc: Angelia Vernon, Secretary, Personnel and Employment Practices Commission COMMONWEALTH OF VIRGINIA ) To-wit: CITY OF ROANOKE ) I, Cecelia F. McCoy, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the sixth day of December 2021, DONNA ST.CLAIR was appointed as a member (Classified Service/City Employee) of the Personnel and Employment Practices Commission to fill the unexpired term of office of Jackie Clewis ending June 30, 2023. Given under my hand and the Seal of the City of Roanoke this seventh day of December 2021. VnX.6Lrc City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Room 456 - Roanoke,,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 E-mail: clerk@roanokeva.gov CECELIA T.WEBB,CMC CECELIA F.MCCOY,CMC Deputy City Clerk City Clerk December 7, 2021 Chris Craft P. O. Box 12804 Roanoke, Virginia 24028 Dear Mr. Craft: At a regular meeting of the Council of the City of Roanoke which was held on Monday, December 6, 2021 you were appointed as a member of the Roanoke Civic Center Commission to replace Linwood "Woody' Deans for a term of office ending September 30, 2024. Enclosed you will find a Certificate of your appointment and an Oath or Affirmation of Office which must be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. After the Oath has been administered, please return one copy to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were appointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each member is required "to read and become familiar with provisions of the Act." On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve the City of Roanoke as a member of the Roanoke Civic Center Commission. Sincerely, eta : Cecelia F. McCoy, CMC City Clerk Enclosures pc: Robyn Schon, Secretary, Roanoke Civic Center Commission COMMONWEALTH OF VIRGINIA ) To-wit: CITY OF ROANOKE ) I, Cecelia F. McCoy, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the sixth day of December 2021, CHRIS CRAFT, was appointed as a member of the Roanoke Civic Center Commission to replace Linwood "Woody" Deans for a term of office ending September 30, 2024. Given under my hand and the Seal of the City of Roanoke this seventh day of December 2021. City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Room 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 E-mail: clerk@roanokeva.gov CECELIA T.WEBB,CMC CECELIA F.MCCOY,CMC Deputy City Clerk City Clerk December 7, 2021 Duriel Wood 506 Wentworth Avenue, N. E Roanoke, Virginia 24012 Dear Mr. Wood: At a regular meeting of the Council of the City of Roanoke which was held on Monday, December 6, 2021, you were appointed as a member of the Roanoke Neighborhood Advocates to fill the unexpired term of office of Margaret Ashburn ending September 30, 2023. Enclosed you will find a Certificate of your appointment and an Oath or Affirmation of Office which must be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. After the Oath has been administered, please return one copy to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were appointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing a copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each member is required "to read and become familiar with provisions of the Act." On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve as a member of the Roanoke Neighborhood Advocates. Sincerely, Cecelia F. McCoy, CMC City Clerk Enclosures MEMNON COMMONWEALTH OF VIRGINIA ) To-wit: CITY OF ROANOKE ) I, Cecelia F. McCoy, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the sixth day of December 2021, DURIEL WOOD was appointed as a member of the Roanoke Neighborhood Advocates to fill the unexpired term of office of Margaret Ashburn ending September 30, 2023. Given under my hand and the Seal of the City of Roanoke this seventh day of December 2021. J-- City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 E-mail: clerk@roanokeva.gov CECELIA T.WEBB,CMC CECELIA F.MCCOY,CMC Deputy City Clerk City Clerk December 7, 2021 Brandon McCall 1143 Murray Street, S. E. Roanoke, Virginia 24013 Dear Mr. McCall: i I am enclosing copy of Ordinance No. 42173-100721 amending and reordaining Section 2-297 of Division 2, Permanent Committees, Article XIV Authorities, Boards, Commissions and Committees Generally, Chapter 2, Administration, Code of the City of Roanoke (1979), as amended; to add Section 2-307; establishing an effective date. The abovementioned measure was adopted by the Council of the City of Roanoke at a regular meeting held on Thursday, October 7, 2021, and is in full force and effect upon its passage. Furthermore, at the regular meeting of the Council of the City of Roanoke which was held on Monday, December 6, 2021, you were appointed as a member of the Youth Athletics Review Board, for a one-year term of office, commencing January 1, 2022 and ending December 31, 2023. Enclosed you will find a certificate of your appointment and an Oath or Affirmation of Office which must be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. After the Oath has been administered, please return one copy to the Office of the City Clerk, Room 456, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were appointed. Brandon McCall December 7, 2021 Page 2 Lastly, pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy (transmitted by email) of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each member is required "to read and become familiar with provisions of the Act." On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve as a member of the Youth Athletics Review Board. Sincerely, l d, •� 1111 C � Cecelia F. McCoy, CMC City Clerk Enclosures COMMONWEALTH OF VIRGINIA ) To-wit: CITY OF ROANOKE ) I, Cecelia F. McCoy, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the sixth day of December 2021, BRANDON MCCALL was appointed as a member of the Youth Athletics Review Board for a one-year term of office, commencing January 1, 2022 and ending December 31, 2023. Given under my hand and the Seal of the City of Roanoke this seventh day of December 2021. City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 E-mail: clerk@roanokeva.gov CECELIAT.WEBB,CMC CECELIA F.MCCOY,CMC Deputy City Clerk City Clerk December 7, 2021 Jaime Mather 2508 Laburnam Avenue, S. W. Roanoke, Virginia 24015 Dear Mr. Mather: I am enclosing copy of Ordinance No. 42173-100721 amending and reordaining Section 2-297 of Division 2, Permanent Committees, Article XIV Authorities, Boards, Commissions and Committees Generally, Chapter 2, Administration, Code of the City of Roanoke (1979), as amended; to add Section 2-307; establishing an effective date. The abovementioned measure was adopted by the Council of the City of Roanoke at a regular meeting held on Thursday, October 7, 2021, and is in full force and effect upon its passage. Furthermore, at the regular meeting of the Council of the City of Roanoke which was held on Monday, December 6, 2021, you were appointed as a member of the Youth Athletics Review Board, for a two-year term of office, commencing January 1, 2022 and ending December 31, 2024. _Enclosed you will find a certificate of your appointment and an Oath or Affirmation of Office which must be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. After the Oath has been administered, please return one copy to the Office of the City Clerk, Room 456, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were appointed. Jaime Mather December 7, 2021 Page 2 Lastly, pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy (transmitted by email) of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each member is required "to read and become familiar with provisions of the Act." On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve as a member of the Youth Athletics Review Board. Sincerely, Cecelia F. McCoy, CMC City Clerk Enclosures COMMONWEALTH OF VIRGINIA ) To-wit: CITY OF ROANOKE ) I, Cecelia F. McCoy, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the sixth day of December 2021, JAIME MATHER was appointed as a member of the Youth Athletics Review Board for a two-year term of office, commencing January 1, 2022 and ending December 31, 2024. Given under my hand and the Seal of the City of Roanoke this seventh day of December 2021. City Clerk w CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 E-mail: clerk@roanokeva.gov CECELIA T.WEBB,CMC CECELIA F.MCCOY,CMC Deputy City Clerk City Clerk December 7, 2021 Heather Hamed-Moore 341 King George Avenue, S. W. Roanoke, Virginia 24016 Dear Ms. Moore: I am enclosing copy of Ordinance No. 42173-100721 amending and reordaining Section 2-297 of Division 2, Permanent Committees, Article XIV Authorities, Boards, Commissions and Committees Generally, Chapter 2, Administration, Code of the City of Roanoke (1979), as amended; to add Section 2-307; establishing an effective date. The abovementioned measure was adopted by the Council of the City of Roanoke at a regular meeting held on Thursday, October 7, 2021, and is in full force and effect upon its passage. Furthermore, at the regular meeting of the Council of the City of Roanoke which was held on Monday, December 6, 2021, you were appointed as a member of the Youth Athletics Review Board, for a two-year term of office, commencing January 1, 2022 and ending December 31, 2024. Enclosed you will find a certificate of your appointment and an Oath or Affirmation of Office which must be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. After the Oath has been administered, please return one copy to the Office of the City Clerk, Room 456, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were appointed. Heather Hamed-Moore December 7, 2021 Page 2 Lastly, pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy (transmitted by email) of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each member is required "to read and become familiar with provisions of the Act." On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve as a member of the Youth Athletics Review Board. Sincerely, C Cecelia F. McCoy, CMC City Clerk Enclosures COMMONWEALTH OF VIRGINIA ) To-wit: CITY OF ROANOKE ) I, Cecelia F. McCoy, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the sixth day of December 2021, HEATHER HAMED-MOORE was appointed as a member of the Youth Athletics Review Board for a two-year term of office, commencing January 1, 2022 and ending December 31, 2024. Given under my hand and the Seal of the City of Roanoke this seventh day of December 2021. City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 E-mail: clerk@roanokeva.gov CECELIA T.WEBB,CMC CECELIA F.MCCOY,CMC Deputy City Clerk City Clerk December 7, 2021 Darnell Wood 102 Briarcliff Drive Moneta, Virginia 24121 Dear Mr. Wood: I am enclosing copy of Ordinance No. 42173-100721 amending and reordaining Section 2-297 of Division 2, Permanent Committees, Article XIV Authorities, Boards, Commissions and Committees Generally, Chapter 2, Administration, Code of the City of Roanoke (1979), as amended; to add Section 2-307; establishing an effective date. The abovementioned measure was adopted by the Council of the City of Roanoke at a regular meeting held on Thursday, October 7, 2021, and is in full force and effect upon its passage. Furthermore, at the regular meeting of the Council of the City of Roanoke which was held on Monday, December 6, 2021, you were appointed as a member of the Youth Athletics Review Board, for a three-year term of office, commencing January 1, 2022 and ending December 31, 2025. Enclosed you will find a certificate of your appointment and an Oath or Affirmation of Office which must be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. After the Oath has been administered, please return one copy to the Office of the City Clerk, Room 456, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were appointed. Darnell Wood December 7, 2021 Page 2 Lastly, pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy (transmitted by email) of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each member is required "to read and become familiar with provisions of the Act." On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve as a member of the Youth Athletics Review Board. Sincerely, -5 Cecelia F. McCoy, CMC City Clerk Enclosures COMMONWEALTH OF VIRGINIA ) To-wit: CITY OF ROANOKE ) I, Cecelia F. McCoy, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the sixth day of December 2021, DARNELL WOOD was appointed as a member of the Youth Athletics Review Board for a three-year term of office, commencing January 1, 2022 and ending December 31, 2025. Given under my hand and the Seal of the City of Roanoke this seventh day of December 2021. City Clerk t CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 E-mail: clerk@roanokeva.gov CECELIA T.NVEBB,CMC CECELIA F.MCCOY,CMC Deputy City Clerk City Clerk December 7, 2021 Deidre Trigg 2743 Ordway Drive Roanoke, Virginia 24017 Dear Ms. Trigg: I am enclosing copy of Ordinance No. 42173-100721 amending and reordaining Section 2-297 of Division 2, Permanent Committees, Article XIV Authorities, Boards, Commissions and Committees Generally, Chapter 2, Administration, Code of the City of Roanoke (1979), as amended; to add Section 2-307; establishing an effective date. The abovementioned measure was adopted by the Council of the City of Roanoke at a regular meeting held on Thursday, October 7, 2021, and is in full force and effect upon its passage. Furthermore, at the regular meeting of the Council of the City of Roanoke which was held on Monday, December 6, 2021, you were appointed as a member of the Youth Athletics Review Board, for a three-year term of office, commencing January 1, 2022 and ending December 31, 2025. Enclosed you will find a certificate of your appointment and an Oath or Affirmation of Office which must be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. After the Oath has been administered, please return one copy to the Office of the City Clerk, Room 456, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were appointed. Deidre Trigg December 7, 2021 Page 2 Lastly, pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy (transmitted by email) of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each member is required "to read and become familiar with provisions of the Act." On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve as a member of the Youth Athletics Review Board. Sincerely, c Cecelia F. McCoy, CMC City Clerk Enclosures COMMONWEALTH OF VIRGINIA ) To-wit: CITY OF ROANOKE ) I, Cecelia F. McCoy, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the sixth day of December 2021, DEIDRE TRIGG was appointed as a member of the Youth Athletics Review Board for a three-year term of office, commencing January 1, 2022 and ending December 31, 2025. Given under my hand and the Seal of the City of Roanoke this seventh day of December 2021. City Clerk ° CITY OF ROANOKE OFFICE OF THE CITY CLERK b = 215 Church Avenue,S.W.,Room 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 E-mail: clerk@roanokeva.gov CECELIA T.WEBB,CMC CECELIA F.MCCOV,CMC Deputy City Clerk City Clerk RUTH VISUETE PEREZ Assistant Deputy City Clerk November 1, 2022 Jaime Mather 2508 Laburnam Avenue, S. W. Roanoke, Virginia 24015 Dear Mr. Mather: At a regular meeting of the Council of the City of Roanoke which was held on Monday, December 6, 2021, you were appointed as a member of the Youth Athletics Review Board commencing January 1, 2022 and ending December 31, 2023, to correct a scrivener's error from a previous letter of appointment dated December 7, 2021. Enclosed you will find a Certificate of your appointment and two copies of an Oath or Affirmation of Office form. Below are the next steps: 1. Please take both copies of the form to the Clerk of the Circuit Court of the City of Roanoke to have the oath administered. It is located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. The Clerk of the Circuit Court office will keep a copy on file. 2. Please request from the Clerk of Circuit Court to send one copy of the Oath or Affirmation of Office form to the City Clerk's Office. The Oath or Affirmation of Office form must be completed prior to serving in the capacity to which you were appointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act (transmitted via email). The Act requires that you be provided with a copy within two weeks of your appointment and each member is required "to read and become familiar with provisions of the Act." On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve the City of Roanoke as a member of the Youth Athletics Review Board. Sincerely, e4_41J � Cecelia F. McCoy, CMC City Clerk Enclosures COMMONWEALTH OF VIRGINIA ) To-wit: CITY OF ROANOKE ) I, Cecelia F. McCoy, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the sixth day of December 2021, JAIME MATHER was appointed as a member of the Youth Athletics Review Board for a two-year term of office, commencing January 1, 2022 and ending December 31, 2023. Given under my hand and the Seal of the City of Roanoke this first day of November 2022. City Clerk � = CITY OF ROANOKE OFFICE OF THE CITY CLERK -s 215 Church Avenue,S.W.,Room 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 E-mail: clerkCa),roanokeva.gov CECELIA T.WEBB,CMC CECELIA F.MCCOV,CMC Deputy City Clerk City Clerk RUTH VISUETE PEREZ Assistant Deputy City Clerk November 1, 2022 Heather Hamed-Moore 341 King George Avenue, S. W. Roanoke, Virginia 24016 Dear Ms. Hamed-Moore: At a regular meeting of the Council of the City of Roanoke which was held on Monday, December 6, 2021, you were appointed as a member of the Youth Athletics Review Board commencing January 1, 2022 and ending December 31, 2023, to correct a scrivener's error from a previous letter of appointment dated December 7, 2021. Enclosed you will find a Certificate of your appointment and two copies of an Oath or Affirmation of Office form. Below are the next steps: 1. Please take both copies of the form to the Clerk of the Circuit Court of the City of Roanoke to have the oath administered. It is located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. The Clerk of the Circuit Court office will keep a copy on file. 2. Please request from the Clerk of Circuit Court to send one copy of the Oath or Affirmation of Office form to the City Clerk's Office. The Oath or Affirmation of Office form must be completed prior to serving in the capacity to which you were appointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act (transmitted via email). The Act requires that you be provided with a copy within two weeks of your appointment and each member is required "to read and become familiar with provisions of the Act." On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve the City of Roanoke as a member of the Youth Athletics Review Board. Sincerely, -1',000cae✓ � ��C�j Cecelia F. McCoy, CMC City Clerk Enclosures COMMONWEALTH OF VIRGINIA ) To-wit: CITY OF ROANOKE ) I, Cecelia F. McCoy, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the sixth day of December 2021, HEATHER HAMED-MOORE was appointed as a member of the Youth Athletics Review Board for a two-year term of office, commencing January 1, 2022 and ending December 31, 2023. Given under my hand and the Seal of the City of Roanoke this first day of November 2022. vx.&cAV� City Clerk - CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Room 456 Roanoke,Virginia 24011-1536 { Telephone: (540)853-2541 Fax: (540)853-1145 CECELIA F.MCCOY,CMC E-mail: clerkCaroanokeva.gov CECELIA T.WEBB,CMC City Clerk Deputy City Clerk RUTH VISUETE PEREZ Assistant Deputy City Clerk November 1, 2022 Darnell Wood 102 Briarcliff Drive Moneta, Virginia 24121 Dear Mr. Wood: At a regular meeting of the Council of the City of Roanoke which was held on Monday, December 6, 2021, you were appointed as a member of the Youth Athletics Review Board commencing January 1, 2022 and ending December 31, 2024, to correct a scrivener's error from a previous letter of appointment dated December 7, 2021. Enclosed you will find a Certificate of your appointment and two copies of an Oath or Affirmation of Office form. Below are the next steps: 1. Please take both copies of the form to the Clerk of the Circuit Court of the City of Roanoke to have the oath administered. It is located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. The Clerk of the Circuit Court office will keep a copy on file. 2. Please request from the Clerk of Circuit Court to send one copy of the Oath or Affirmation of Office form to the City Clerk's Office. The Oath or Affirmation of Office form must be completed prior to serving in the capacity to which you were appointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act (transmitted via email). The Act requires that you be provided with a copy within two weeks of your appointment and each member is required "to read and become familiar with provisions of the Act." On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve the City of Roanoke as a member of the Youth Athletics Review Board. Sincerely, Cecelia F. McCoy, CMC City Clerk Enclosures I COMMONWEALTH OF VIRGINIA ) CITY OF ROANOKE ) To-wit: I, Cecelia F. McCoy, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the sixth day of December 2021, DARNELL WOOD was appointed as a member of the Youth Athletics Review Board for a three-year term of office, commencing January 1, 2022 and ending December 31, 2024. Given under my hand and the Seal of the City of Roanoke this first day of November 2022. City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Room 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 E-mail: clerk@roanokeva.gov CECELIA T.WEBB,CMC CECELIA F.MCCOV,CMC Deputy City Clerk City Clerk RUTH VISUETE PEREZ Assistant Deputy City Clerk November 1, 2022 Deidre Trigg 2743 Ordway Drive Roanoke, Virginia 24017 Dear Ms. Trigg: At a regular meeting of the Council of the City of Roanoke which was held on Monday, December 6, 2021, you were appointed as a member of the Youth Athletics Review Board commencing January 1, 2022 and ending December 31, 2024, to correct a scrivener's error from a previous letter of appointment dated December 7, 2021. Enclosed you will find a Certificate of your appointment and two copies of an Oath or Affirmation of Office form. Below are the next steps: 1. Please take both copies of the form to the Clerk of the Circuit Court of the City of Roanoke to have the oath administered. It is located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. The Clerk of the Circuit Court office will keep a copy on file. 2. Please request from the Clerk of Circuit Court to send one copy of the Oath or Affirmation of Office form to the City Clerk's Office. The Oath or Affirmation of Office form must be completed prior to serving in the capacity to which you were appointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act (transmitted via email). The Act requires that you be provided with a copy within two weeks of your appointment and each member is required "to read and become familiar with provisions of the Act." On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve the City of Roanoke as a member of the Youth Athletics Review Board. Sincerely, 2 Cecelia F. McCoy, CMC City Clerk Enclosures COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Cecelia F. McCoy, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the sixth day of December 2021, DEIDRE TRIGG was appointed as a member of the Youth Athletics Review Board for a three-year term of office, commencing January 1, 2022 and ending December 31, 2024. Given under my hand and the Seal of the City of Roanoke this first day of November 2022. City Clerk