HomeMy WebLinkAboutCouncil Actions 08-15-16GARLAND
�+ 40599- 081516
ROANOKE CITY COUNCIL
REGULAR SESSION
AUGUST 15, 2016
2:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
1. Call to Order - -Roll Call. Council Member Trinkle was absent.
Council Member Ferris arrived late.
The Invocation was delivered by Rabbi Kathy Cohen, Temple Emanuel.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Sherman P. Lea, Sr.
Welcome. Mayor Lea.
NOTICE:
Today's Council meeting will be televised live and replayed on RVTV Channel 3
on Thursday, August 18 at 7:00 p.m., and Saturday, August 20 at 4:00 p.m.; and
video streamed by Internet through CivicPlus, at roanokeva.gov /councilmeetings.
Council meetings are offered with closed captioning for the hearing impaired.
ANNOUNCEMENTS:
NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH
DISABILITIES ACT. SPECIAL ASSISTANCE IS AVAILABLE FOR DISABLED
PERSONS ADDRESSING CITY COUNCIL. EFFORTS WILL BE MADE TO
PROVIDE ADAPTATIONS OR ACCOMMODATIONS BASED ON INDIVIDUAL
NEEDS OF QUALIFIED INDIVIDUALS WITH DISABILITIES, PROVIDED THAT
REASONABLE ADVANCE NOTIFICATION HAS BEEN RECEIVED BY THE
CITY CLERK'S OFFICE.
PERSONS WISHING TO ADDRESS COUNCIL WILL BE REQUIRED TO
CONTACT THE CITY CLERK'S OFFICE PRIOR TO THE MONDAY COUNCIL
MEETING, OR REGISTER WITH THE STAFF ASSISTANT AT THE
ENTRANCE TO THE COUNCIL CHAMBER PRIOR TO COMMENCEMENT OF
THE COUNCIL MEETING. ONCE THE COUNCIL MEETING HAS CONVENED,
THERE WILL BE NO FURTHER REGISTRATION OF SPEAKERS, EXCEPT
FOR PUBLIC HEARING MATTERS. ON THE SAME AGENDA ITEM, ONE TO
FOUR SPEAKERS WILL BE ALLOTTED FIVE MINUTES EACH; HOWEVER,
IF THERE ARE MORE THAN FOUR SPEAKERS, EACH SPEAKER WILL BE
ALLOTTED THREE MINUTES.
ANY PERSON WHO IS INTERESTED IN SERVING ON A CITY COUNCIL -
APPOINTED AUTHORITY, BOARD, COMMISSION OR COMMITTEE MAY
CONTACT THE CITY CLERK'S OFFICE AT 853 -2541, OR ACCESS THE
CITY'S HOMEPAGE TO COMPLETE AN ONLINE APPLICATION.
THE COUNCIL OF THE CITY OF ROANOKE IS SEEKING APPLICATIONS
FOR THE FOLLOWING CURRENT VACANCIES AND /OR UPCOMING
EXPIRATIONS OF TERMS OF OFFICE:
BUILDING AND FIRE CODE OF APPEALS - ONE VACANCY
UNEXPIRED TERM OF OFFICE ENDING JUNE 30, 2017
ECONOMIC DEVELOPMENT AUTHORITY - ONE VACANCY
UNEXPIRED TERM OF OFFICE ENDING OCTOBER 20, 2017
PERSONNEL AND EMPLOYMENT PRACTICES COMMISSION
CITY RETIREE - ONE VACANCY
THREE -YEAR TERM OF OFFICE ENDING JUNE 30, 2019
VISIT VIRGINIA'S BLUE RIDGE, BOARD OF DIRECTORS - ONE VACANCY
UNEXPIRED TERM OF OFFICE ENDING JUNE 30, 2017
YOUTH SERVICES CITIZEN BOARD - ONE VACANCY
UNEXPIRED TERM OF OFFICE ENDING JUNE 30, 2018
THE CITY OF ROANOKE ALSO IS ACCEPTING NOMINATIONS FOR THE
2016 CITIZEN OF THE YEAR. TO OBTAIN INFORMATION TO SUBMIT A
NOMINATION, CONTACT THE CITY CLERK'S OFFICE AT (540) 853 -2541 OR
ACCESS THE FORM AT EACH CITY LIBRARY BRANCH. DEADLINE FOR
RECEIPT OF NOMINATIONS IS WEDNESDAY, SEPTEMBER 28, 2016.
THE ANNUAL STATE OF THE CITY ADDRESS WILL BE HELD ON
THURSDAY, SEPTEMBER 1 AT 8:00 A.M., AT THE HOTEL ROANOKE AND
CONFERENCE CENTER, 110 SHENANDOAH AVE N. W.
2. PRESENTATIONS AND ACKNOWLEDGEMENTS:
A proclamation declaring Monday, Auust 22, 2016, as Virginia Western
Community College Day in honor of its 50' Anniversary.
During presentation, Council Member Ferris entered the meeting (2:21 p.m.)
Mayor Lea presented the proclamation to Dr. Robert Sandal, President;
accompanied by college staff, Dr. Angela Falconetti, Dr. Elizabeth Wilmer,
Mr. Milan Hayward, Ms. Lisa Ridpath, Ms. Jennifer Pittman and Mr. Josh
Meyer.
3. HEARING OF CITIZENS UPON PUBLIC MATTERS:
CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE
HEARD. ALL MATTERS WILL BE REFERRED TO THE CITY MANAGER FOR
RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL, AS HE MAY
DEEM APPROPRIATE.
Robert Gravely, 3360 Hershberger Road, N. W., appeared before Council
regarding his termination from City employment.
4. CONSENT AGENDA:
(APPROVED 6 -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.
Although he owns certain real property situated at 0 Salem Avenue, S. W.,
Council Member Ferris stated that his property interest does not create a
personal interest; and therefore, he believes he can act fairly, objectively,
and in the public interest in considering Item C -2, and does intend to
participate in the deliberations and in any vote with regard to the matter.
C -1 Minutes of the regular meetings of City Council held on Monday, May 2,
2016, recessed until Monday, May 9, 2016; and Monday, May 16, 2016.
RECOMMENDED ACTION: Dispensed with the reading of the minutes
and approved as recorded.
C -2 A communication from the City Manager requesting that City Council
convene in a Closed Meeting to discuss the disposition of publicly -owned
property located at 117 - 119 Norfolk Avenue, S. W., where discussion in an
open meeting would adversely affect the bargaining position or negotiating
strategy of the public body, pursuant to Section 2.2 -3711 (A)(3), Code of Virginia
(1950), as amended.
RECOMMENDED ACTION: Concurred in the request.
C -3 A communication from the City Manager requesting that Council schedule
a public hearing for Monday, September 19, 2016, at 7:00 p.m., or at such time
thereafter as the matter may be heard, or at such later date and time as
determined by the City Manager, to consider the two proposed boundary line
adjustments between the City of Roanoke and Roanoke County, (i) situated
along Williamson Road, N. E., in proximity to the former Happy's Flea Market
development, and (ii) situated along Blue Hills Village Drive involving two parcels
owned by the National Bank of Blacksburg.
RECOMMENDED ACTION: Concurred in the request.
C -4 A communication from the City Manager requesting that Council schedule
a public hearing for Monday, September 19, 2016, at 7:00 p.m., or at such time
thereafter as the matter may be heard, or at such later date and time as
determined by the City Manager, to consider the sale of two City -owned parcels
of property on Jae Valley Road in Roanoke County, bearing Official Tax Map
Nos. 089.00 -03- 29.01 -0000 and 089.00 -03- 29.02 -0000, to the Roanoke County
Parks and Recreation for a public park facility with public access to Back Creek
for canoe and kayak uses.
RECOMMENDED ACTION: Concurred in the request.
C -5 A communication from the City Manager requesting that Council schedule
a public hearing for Monday, September 19, 2016, at 7:00 p.m., or at such time
thereafter as the matter may be heard, or at such later date and time as
determined by the City Manager, to consider granting, confirming, and /or
amending easements and other property rights to South Commonwealth
Partners, LLC, in connection with the Hampton Inn & Suites Hotel located at 27
Church Avenue, S. E. (adjacent to the Market Garage at 25 Church
Avenue, S. E.).
RECOMMENDED ACTION: Concurred in the request.
C -6 A communication from the Honorable William D. Broadhurst, Judge,
Twenty -third Judicial Circuit of Virginia, transmitting the Annual Reports of the
Board of Equalization for taxable years July 1, 2015 - June 30, 2016; and July 1,
2016 - June 30, 2017.
RECOMMENDED ACTION: Received and filed.
C -7 A communication from U. S. Senator, Mark Warner congratulating the City
of Roanoke on its recognition as a Tree City USA community by the Arbor Day
Foundation.
RECOMMENDED ACTION: Received and filed.
REGULAR AGENDA:
5. PUBLIC HEARINGS: NONE.
6. PETITIONS AND COMMUNICATIONS:
a. A communication from the Commonwealth's Attorney recommending
acceptance of the Multi- Jurisdictional Special Drug Prosecutor Grant from
the State Compensation Board; and a communication from the City
Manager concurring in the request.
Adopted Resolution No. 40599 - 081516 and Budget Ordinance No.
40600 - 081516.(6 -0)
REPORTS OF CITY OFFICERS AND COMMENTS OF
CITY MANAGER:
a. CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
Acceptance of the 2017 Virginia Sexual and Domestic Violence
Victim Fund Grant from the Virginia Department of Criminal Justice
Services to partially fund an existing Sexual Violence Specialist
position in the Police Department.
Adopted Resolution No. 40601 - 081516 and Budget Ordinance
No. 40602-081516. (6 -0)
2. Acceptance of a Virginia Department of Fire Programs Training
Grant to be used for conference and education assistance to host
the 2otl Annual Sound the Alarm Summit on September 12 — 14,
2016, at the Sheraton Hotel and Conference Center.
Adopted Resolution No. 40603 - 081516 and Budget Ordinance
No. 40604-081516. (6 -0)
3. Acceptance of FY2017 Virginia Department of Transportation
(VDOT) funds for the paving of Orange Avenue (Route 460) from
10'" Street, N. W., to Gainsboro Road, N. W.
Adopted Resolution No. 40605 - 081516 and Budget Ordinance
No. 40606-081516. (6 -0).
4. Execution of Amendment No. 1 to the City's contract with C. E.
Thurston & Sons, Inc., for pipe insulation services at the Berglund
Center.
Adopted Resolution No. 40607 - 081516. (6 -0)
COMMENTS OF CITY MANAGER.
The City Manager offered the following comments:
Chances to Brush Collection
• In 2015, the city made changes to its brush collection. To address
some confusion about the collection process, the city has simplified
instructions for citizens.
• A postcard has been mailed to all Solid Waste customers notifying
them of this change to brush collection: If you can pick it up with two
hands, put it in your Big Blue trash can. Otherwise, place brush at the
curb for weekly pickup.
State of the City Address
Thursday, September 1
Hotel Roanoke, Crystal Ballroom
• 8:00 a.m.
o This year we will have a different format for the event, with three
speakers: Mayor Lea, Dr. Rita Bishop, and I will be sharing
Roanoke's accomplishments and vision for the future.
o Registration for the breakfast is through the Roanoke Regional
Chamber of Commerce. Attendance at the State of the City
Address is free to the public.
Uocominc Events:
• FloydFest Presents The Beach Ball: Brian Wilson
• Saturday, August 20
• Elmwood Park
• 6:30 p.m.
• Parks & Art
• Saturday, August 27
• Elmwood Park
• Noon to 3:00 p.m.
o This event will be immediately followed by the Deschutes Street
Pub Roanoke event from 2 to 10 p.m. in Elmwood Park.
Starcropolis
o Sunday, September 4, at the Star on Mill Mountain
CITY ATTORNEY:
1. Execution of an agreement with Norfolk Southern Railway
Company with regard to the Franklin Road Bridge Improvements.
Adopted Ordinance No. 40608- 081516. (6 -0)
DIRECTOR OF FINANCE:
1. Execution of the First Amended and Restated Fiscal Agent
Agreement by and among the City of Roanoke, Workforce
Investment Area III Chief Local Elected Officials Consortium,
Western Virginia Workforce Development Board, Inc., and Roanoke
Valley - Alleghany Regional Commission, to provide for additional
duties and responsibilities of the Commission as fiscal agent, for a
five -year term, commencing July 1, 2016.
Adopted Resolution No. 40609- 081516. (6 -0)
8. REPORTS OF COMMITTEES:
a. A report of the Roanoke City School Board requesting appropriation of
funds for various educational programs; and a report of the Director of
Finance recommending that Council concur in the request. Donna
Caldwell, Director of Accounting, Spokesperson.
Budget Ordinance No. 40610 - 081516. (6 -0).
9. UNFINISHED BUSINESS: NONE.
10. INTRODUCTION AND CONSIDERATION OF
ORDINANCES AND RESOLUTIONS:
a. A resolution recognizing the importance of early childhood education to
children's future success in school and in life.
Adopted Resolution No. 40611. 081516. (6 -0).
11. MOTIONS AND MISCELLANEOUS BUSINESS: NONE.
a. Inquiries and /or comments by the Mayor and Members of City Council.
b. Vacancies on certain authorities, boards, commissions and committees
appointed by Council.
12. RECESSED - 3:06 P.M.
THE COUNCIL MEETING STOOD IN RECESS FOR A CLOSED MEETING IN
THE COUNCIL CONFERENCE ROOM; UNTIL 7:00 P.M., IN THE CITY
COUNCIL CHAMBER, ROOM 450, NOEL C. TAYLOR MUNICIPAL BUILDING.
ROANOKE CITY COUNCIL
REGULAR SESSION
AUGUST 15, 2016
7:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
Call to Order- -Roll Call. Council Member Trinkle was absent.
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.
CERTIFICATION OF CLOSED MEETING. (6 -0)
NOTICE:
Tonight's Council meeting will be televised live and replayed on RVTV Channel 3
on Thursday, August 18 at 7:00 p.m., and Saturday, August 20 at 4:00 p.m.; and
video streamed by Internet through CivicPlus, at roanokeva.gov /councilmeetings.
Council meetings are offered with closed captioning for the hearing impaired.
A. PRESENTATIONS AND ACKNOWLEDGEMENTS:
Recognition of Tavia Sturgill, Virginia State Youth of the Year for the Boys and
Girls Club of America.
Mayor Lea recognized Ms. Sturgill and presented her with a City gift.
Presentation and recognition by the Lea Youth Outdoor Basketball League
(LYOB).
Mayor recognized Officer Joshua Johnson who presented gifts and to the
Lea Youth Outdoor Basketball League (LYOB) participants and staff.
B. PUBLIC HEARINGS:
Proposal of the City of Roanoke to consider the relocation of the central
absentee voter precinct from the Noel C. Taylor Municipal Building, 215
Church Avenue, S. W., to the General Registrar's Office located at 317
Kimball Avenue, N. E. Daniel J. Callaghan, City Attorney.
Adopted Ordinance No. 40612-081516. (6-0)
2. Proposal of the City of Roanoke to lease City -owned property designated
as portions of Official Tax Map Nos. 4070507, 4070521, and 4060505, to
the Blue Ridge Zoological Society of Virginia, Inc., (BRZSV), for the
purpose of operating and maintaining Mill Mountain Zoo. Christopher P.
Morrill, City Manager.
Adopted Ordinance No. 40613-081516. (6-0)
3. Request of the Roanoke City School Board to amend the Planned Unit
Development Plan and conditions proffered as part of a previous rezoning
at 2102 Grandin Road, S. W. Richard A. Rife, Agent, Spokesperson.
Adopted Ordinance No. 40614-081516. (6-0)
C. HEARING OF CITIZENS UPON PUBLIC MATTERS:
CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE
HEARD. ALL MATTERS WILL BE REFERRED TO THE CITY MANAGER FOR
RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL, AS HE MAY
DEEM APPROPRIATE.
The following persons appeared before the Council and spoke about the
high volume of noise at the Dr. Pepper:
Jeff Vanke, 2202 Richelieu Avenue, S. W.;
Temple Newbold, 2833 Avenham Avenue, S. W.;
Holly Newbold, 1261 Hamilton Terrace, S. W.;
Mary Newbold, 2833 Avenham Avenue, S. W.;
Stuart Israel, 1510 Kenwood Boulevard, S. E.;
Adam Rutledge, 120 Blue Bird Lane, Fincastle, 24090;
Mike Garst, 4484 Stonewall Road, N. W.;
Sam! Cilek, 436 Walnut Avenue, S. E.;
Aaron Ewert, 2410 Cornwallis Avenue, S. E.; and
10
Tim Meadows, 3129 Garden City Boulevard, S. E., appeared before Council
to express concerns regarding the terms of a contract between the City and
County relating to the Collision Center that will have a detrimental effect on
the towers in the City of Roanoke.
D. ADJOURNED - 9:21 P.M.
11
CITY OF ROANOKE
CITY COUNCIL
^— 215 Church Avenue, S.W.
Noel C. Taylor Municipal Building, Suite 456
�Rrc�N�Pj Roanoke, Virginia 24011 -1536
Telephone: (540) 653 -2541
SHERMAN P. LEA, SR. Fax (540) 853 -1145
Mayor Email: clerk(oaroanokeva.go,
August 15, 2016
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mayor Lea and Members of Council:
Council Members
William D- Bestpitch
Michelle L. Dykstra
Raphael E. "Ray' Ferris
John A. Garland
Anita 1. Price
David B. Trinkle
This is to advise you that I will not be present at the 2:00 p.m. and 7:00 p.m. meetings of
Council on Monday, August 15, 2016. Best wishes for a successful meeting.
SiniRerely,
vi B. Trinkle
Council Member
DBT /ctw
Office of the Mayor
CITY OF ROANOKE
rotlarogiou
V IRGINIA WESTERN COMMUNITY COLLEGE DAY
WHEREAS, the Virginia Caovrnonly College Systene (VCCS) leas established in
1966 under the authority l Governor Mills Godwin and the General Assembly as a
means to provide all the Conmmmrealth's residents an opportrnrity to achieve higher
education and job training regardless of deeii [oeation, family prominence m
frnmrcial sinmdou;
WHEREAS, the Carninurohry College f Roanoke later to be renmued Virginia
Western Cornnunrity Callege, ryas the firs! anon the eventual 23 VCCS ins6ations
to open its doors to students be the fall of 1966; and has genin front an initial
enrollment of 1,352 snrdene, to more Ih 12,000;
WHEREAS, Virginia Western Co oniry College collaborates rvoch area big],
schools to provide dual enrollment classes font give students college -level
coraservork that willallory them to earn a degree, certificate ei indusnwecognized
e lif"ation that roll[ lead to a em'eer or to transfer seamlecdy m a four-year
an iversi ty;
WHEREAS, the Virginia IVestern Commmmity College Educational Fmmdation
reducer m elhnDrates the fnm icial hardens fm smdenes and theirfmviltes through
scho[mshnps, grmasmud Ore CannnemiN College Access P, age i(CCAP);
WHEREAS Virginm Wesicr'n Comumerly College is an ecoamnic driver for the
Roanoke Regime. helping individuals develop strong c veers and attracting
businesses to toe region by line epnring a !sell- trained roorkjorce; and
WHEREAS, Virginia Western Can; unity College svil[ celebrate its 50" Anniversmv
thraughet the 2016 -2017 Academic Year, mdminottag at the College's
Conanencemertt Cerernmgy on May 12, 2017... the bright nnd Center.
NOW, THEREFORE, I, Sherman P. Lea, Sr.. Mayor of the Ciry of Roanoke,
VirgDria, recognise and commend Dr. Robert H, Sande[, President of Virginia
Western Comarmrity College along oah the College's rear, on"modtng hefty,
stfy a1... s, alan ii mid s¢ppawes, and do hereby Proclaim August 22, 2016,
dron,hout this great A[I- Aacaicn Cary, ns "Virginia IVestern Carrrn imtry Callege
Day. '
(acen mederon- handsmtdtheSeat office Cav ofRaanoke this menty secmud day of
August in the year trvo dmusmud and sixteen.
Sherwin, P. Len, Sr.
Mayon'
ATTEST.
Steplen»teM Moo e tals ���
City Clerk
eCITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: August 15, 2016
Subject: Request for Closed Meeting
This is to request that City Council convene a closed meeting to discuss the
disposition of publicly -owned property, located at 117 -119 Norfolk Avenue,
S.W., identified as Official Tax Map Nos. 1010307 and 1010306, respectively,
where discussion in an open meeting would adversely affect the bargaining
position or negotiating strategy of the public body, pursuant to §2.2- 3711.A.3,
Code of Virginia (1950), as amended.
Jp�er. Morrill
City Manager
Distribution: Council Appointed Officers
Brian Townsend, Assistant City Manager
Barbara A. Dameron, Director of Finance
Wayne Bowers, Director of Economic Development
STATEMENT OF RAPHAEL E. FERRIS
I, Raphael E. Ferris, make the following statement regarding the request of the City
Manager for a closed meeting to discuss the disposition of City -owned properties, together with
buildings and improvements thereon, situated at 119 and 117 Norfolk Avenue, S.W., Roanoke,
Virginia, bearing Official Tax Map Nos. 1010306 and 1010307, respectively (the "Warehouse
Row Properties "). .
I am the owner of certain real property situated at 0 Salem Avenue, S.W., Roanoke,
Virginia, bearing Official Tax Map No. 1010412 (`Parcel 1010412 "). The City of Roanoke
currently leases this property for use as a parking lot. The term of the lease is five (5) years
expiring on June 30, 2021. Parcel 1010412 is adjacent to the Warehouse Row Properties. I have
no interest in the Warehouse Row Properties. I have also discussed this matter with the City
Attorney and he has advised me that my property interest does not create a personal interest in
this transaction under the Virginia Conflicts of Interest laws but I may elect to recuse myself
from participation in this matter if I believe that my ownership of Parcel 1010412 creates an
appearance of a conflict of interest. I believe that I can act fairly, objectively, and in the public
interest in considering the disposition of the Warehouse Row Properties. Based on the
foregoing, I intend to participate in the deliberations and in any vote with regard to the
disposition of the Warehouse Row Properties. In the event that the circumstances on which I
make this decision change, I will determine at such time whether a conflict of interest, or the
appearance of a conflict of interest, exists and take appropriate action at that time.
I request that the City Clerk maintain a copy of this statement with the minutes of this
meeting of City Council.
Dated this 15`h day of August, 2016.
Rap acl E. F rris
Member of oma it
K 0.,.W K D Fils, Council S ... lo (08.152016)ASmreinems \STATEMENT OfR,h -1 E. F—, &c 8 /15/16
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: August 15, 2016
Subject: Request for Public Hearing for Boundary Line Adjustments
between City of Roanoke and Roanoke County
(C M 16-00111)
Background:
As part of the consideration related to the sale and disposition of a parcel of
City -owned property located in Roanoke County to Roanoke County for the
purpose of the development of a public park, the City of Roanoke and Roanoke
County are proposing the adjustment of the boundary line between the two
localities at two locations. The first proposed boundary line adjustment would
consist of moving approximately 1.208 acres of property owned in two separate
lots by the National Bank of Blacksburg, along with approximately 0.407 acres
of adjacent public right -of -way, being a portion of Blue Hills Village Drive, from
the County into the City. The properties owned by the National Bank of
Blacksburg and the portion of Blue Hills Village Drive are presently situated in
Roanoke County near the main entrance into Roanoke Centre for Industry and
Technology. The location of this proposed boundary line adjustment is shown
on Attachment 1. The second proposed boundary line adjustment would
consist of moving approximately 1.0625 acres of property owned by CFS4111,
L.L.C. and an adjacent 0.0184 acres of property owned by Williamson Road
Plaza, L.L.C. from the County into the City. These parcels are situated along
Williamson Road, N.E., in proximity to the former Happy's Flea Market
development. The location of this proposed boundary line adjustment is shown
on Attachment 2.
Pursuant to the provisions of Section 1 5.2 -3106, et seq., of the Code of Virginia
(1950), as amended, a public hearing is required for the consideration of such
boundary line adjustments. A City Council agenda report containing specific
information regarding the proposed boundary line adjustments will be provided
to City Council as part of its agenda package for the public hearing.
Recommended Action
Authorize the scheduling of a public hearing at City Council's meeting on
Monday, September 19, 2016, at 7:00 p.m., or at such time as the matter may
be heard, or at such other date and time as determined by the City Manager, to
consider the two proposed boundary line adjustments between the City of
Roanoke and Roanoke County as outlined above.
C opher P. Morrill
City Manager
Attachments
Distribution: Council Appointed Officers
Barbara A. Dameron, Director of Finance
Brian Townsend, Assistant City Manager for Community Development
Wayne Bowers, Economic Development Director
Susan Lower, Director of Real Estate Valuation
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Q) CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: August 15, 2016
Subject: Request Public Hearing for Sale of City -Owned Property Located
on Jae Valley Road in Roanoke County, Virginia to the County of
Roanoke, Virginia (CM16- 00113)
Background:
The City of Roanoke owns two parcels of real property located on Jae Valley
Road in Roanoke County bearing Official Tax Map Numbers 089.00-03-29.01 -
0000 and 089.00 -03- 29.02 -0000. The parcels are currently vacant and not in
use.
Roanoke County Parks and Recreation has approached the City about acquiring
the parcels for the purposes of developing, constructing, operating and
maintaining a public park facility with public access to Back Creek for canoe
and kayak uses.
Recommended Action:
Authorize the scheduling of a public hearing at City Council's meeting on
Monday, September 19, 2016, at 7:00 p.m., or at such time as the matter may
be heard, or at such other date and time as determined by the City Manager, to
consider the sale of the two City -owned parcels located in Roanoke County as
identified above.
\( iS�gflfer P. Morrill
City Manager
Distribution: Council Appointed Officers
R. Brian Townsend, Assistant CM for Community Development
Barbara A. Dameron, Director of Finance
Wayne F. Bowers, Director Economic Development
Cassandra L. Turner, Economic Development Specialist
aCITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: August 15, 2016
Subject: Request to authorize the City Manager to schedule a public
hearing for consideration of the granting, confirming, and /or
amending easements and other property rights to South
Commonwealth Partners, LLC in connection the Hampton Inn &
Suites hotel at 27 Church Avenue, S.E. (adjacent to the Market
Garage at 25 Church Avenue, S.E.) (CM16- 00114)
Background
The City and South Commonwealth Partners, LLC entered into a Performance
Agreement for Hotel Development, Construction, Operation, and Maintenance
dated December 18, 2013, (the "Hotel Performance Agreement ") in connection
with the construction, operation, and maintenance of a hotel with at least 123
rooms, but not exceeding 130 rooms ( "Hotel "), within certain air rights,
property rights, and easements within the City and more particularly described
in a Deed of Certain Air Rights, Deed of Condominium Units, and Deed of
Easements dated December 18, 2013, by and between the City and the
Developer, recorded in the Clerk's Office of the Circuit Court of the City of
Roanoke, Virginia as Instrument No. 130014480 (the "Deed ").
Pursuant to the Deed, South Commonwealth Partners, LLC agreed to provide
the City with field verified, sealed surveyor's plats showing the final location
and extent of all easements granted for the Hotel project (the "Surveyor's
Easement Plats'), prior to issuance of the Certificate of Occupancy, as this term
is defined in the Hotel Performance Agreement. The Surveyor's Easement Plats
will include accurate dimensions and references to the property boundary of the
servient property for all easement areas, certified and sealed by a surveyor
licensed in the Commonwealth of Virginia, and in a form suitable for recording
in the Clerk's Office of the Circuit Court for the City of Roanoke, Virginia. South
Commonwealth Partners, LLC shall be responsible for and pay all costs and
expenses related to the preparation, completion, delivery, and recordation of
the Surveyor's Easement Plats.
South Commonwealth Partners, LLC has provided the Surveyor's Easement Plats
to the City, and is ready for the City to proceed with granting, confirming,
and /or amending easements and other property rights to South Commonwealth
Partners, LLC in connection the Hotel. A public hearing is required in order for
the City to consider granting, confirming, and /or amending easements and
other property rights to South Commonwealth Partners, LLC.
Recommended Action:
Authorize the scheduling of a public hearing at City Council's meeting on
Monday, September 19, 2016, at 7:00 p.m., or at such time as the matter may
be heard, or at such other date and time as determined by the City Manager, to
consider granting, confirming, and /or amending easements and other property
rights to South Commonwealth Partners, LLC in connection the Hampton Inn &
Suites Hotel at 27 Church Avenue, S.E. (adjacent to the Market Garage at 25
Church Avenue, S.E.) as outlined above.
-- --------------- - - - --
Christopher P. Morrill
City Manager
Distribution: Council Appointed Officers
Barbara A. Dameron, Director of Finance
Brian Townsend, Assistant City Manager for Community Development
Wayne Bowers, Economic Development Director
Marc Nelson, Special Projects Coordinator, Economic Development
WILLIAM D. BROADHURST, JUDGE
ROANOEE CITY COURTHOUSE
J6IU U t AFFNURSW.
A-AIL. VIRCINIA24002 0213
(540)853 GU
nx(540)853 -n,i0
TWENTY -THIRD JUDICIALL-GIR ilf(
OF VIRGINIA
?a {
COMMONWEALTH OF VIRGINIA
July 27, 2016
The Honorable Sherman P. Lea, Sr., Mayor
and
Members of the City Council
City of Roanoke
215 Church Avenue SW, Room 452
Roanoke, VA 24011 -1594
Annual Reports of the Board of Equalization
Dear Mayor Lea and Members of Council:
CIRCUIT COURT MOR '1'HL_ COUNTY OP ROANOKE
CIRCUIT COURT ION IUh C 1 Y 01- ROANOKE.
CIRCUIT COURT FOR THE CH Y OF SALEM
Please find enclosed the Reports of the Board of Equalization for the taxable
years July 1, 2015 to June 30, 2016, and July 1, 2016 to June 30, 2017.
Thomas M. Hubard, Robert K. Floyd, and Mary V. Hagmaier have continued
to serve admirably in their positions. As always, the cooperation and assistance of
the Office of Real Estate Valuation also contributes to the success of the efforts of
the Board.
The Board again recommends the continued provision of office space separate
from that occupied by the Office of Real Estate Valuation, along with appropriate
furniture, computers, and necessary software and support. Likewise, the Board
relies on the services of their long time clerical assistant, Ms. Pat Lam. As you are
aware, Virginia Code § 58.1 -3376 authorizes the Board to employ clerical and other
assistants and to call in advisors and fix their compensation, all subject to the
approval of City Counsel.
I wish you all good health and a good fortune as you continue to serve the
citizens of the City of Roanoke.
With best regards,
William D. Aroadhurst, Judge
cc: Mr. Christopher P. Morrill, City Manager
Mr. Daniel J. Callaghan, Esq., City Attorney
Ms. Stephanie M. Moon, M.M.C., City Clerk
Mr. Thomas M. Hubard, Chairman, Board of Equalization
Ms. Mary V. Hagmaier, Vice - Chairman, Board of Equalization
Mr. Robert K. Floyd, Jr., Secretary, Board of Equalization
Chef Judge Charles N. Dorsey
Judge James R. Swanson
Judge David B. Carson
Judge J. Christopher Clemens
MV i_
July 11, 2016
The Honorable Judge William D Broadhurst
Judge of the Circuit Court
City of Roanoke
Roanoke, Virginia 24011
DearJudge Broadhurst:
We wish to inform you that the Board of Equalization has completed its work for the
taxable year July 01 , 2016 to June 30, 2017.
The Board received 21 appeals. All properties were inspected with the following
results:
21 Appeals were considered
18 Residential Properties
05 Residential affirmed value
09 Residential decreased value
02 Residential increased value
03 Commercial and Industrial Properties
03 Commercial and Industrial affirmed value
00 Commercial and Industrial decreased value
02 Appeals were withdrawn before inspection
Board of Equalization
�I
'_I 3 �'IiweL 4vame S \
Ram�ke. Al�pnie Vnl l
ROANOKE
July 11, 2016
The Honorable Judge William D Broadhurst
Judge of the Circuit Court
City of Roanoke
Roanoke, Virginia 24011
DearJudge Broadhurst:
We wish to inform you that the Board of Equalization has completed its work for the
taxable year July 01 , 2016 to June 30, 2017.
The Board received 21 appeals. All properties were inspected with the following
results:
21 Appeals were considered
18 Residential Properties
05 Residential affirmed value
09 Residential decreased value
02 Residential increased value
03 Commercial and Industrial Properties
03 Commercial and Industrial affirmed value
00 Commercial and Industrial decreased value
02 Appeals were withdrawn before inspection
The Honorable Judge William D Broadhurst
July 11, 2016
Page 2
Orders were dated July 6, 2016 and mailed on July 08, 2016 informing each property
owner of our decision.
We would like to thank the Office of Real Estate Valuation for supplying property data
on various properties. We trust that this assistance will be available for future Boards.
It is recommended that future Equalization Boards continue to have separate office
space from the Office of Real Estate Valuation.
Should you have any questions, please contact us.
Respectfully,
Board of Equalization of Real Estate
Assessments for the City of Roanoke
--- - --- - -- -- --
o
--- - - -- - - -- --
Mary agm, V Chairman
Robert K. Floyd, Jr., S cretary
TMH /pal
MARK R. WARNER
VIRGINIA _
UNITED STATES SENATOR
WASHINGTON, D.C.
July 27, 2016
The Honorable Sherman P. Lea
Mayor
City of Roanoke
215 Church Avenue SW, Suite 452
Roanoke, VA 24011 -1521
Dear Mayor Lea,
I am pleased to extend my warmest congratulations to the City of Roanoke upon its
recognition as a Tree City USA community by the Arbor Day Foundation.
This honor serves as a tribute to your community's exemplary leadership in
protecting the environment. You have demonstrated your commitment to tree care and
establishing healthy community forests; these efforts improve the community's air and
water quality. As good stewards of the Commonwealth, we must cherish our natural
resources and protect them so future generations can enjoy them as we have. Your
community's commitment to preserving the environment is commendable.
On this important occasion, I wish the City of Roanoke the very best for continued
success in the years to come.
Sincerely,
/NJ, re ao-fl
MARK R. WARNER
United States Senator
The Honorable Donald S. Caldwell
Commonwealth's Attorney
Roanoke, Virginia
Dear Mr. Caldwell:
I am enclosing copy of Resolution No. 40599- 081516 authorizing the acceptance of
funding for the regional drug prosecutor's office in the total amount of $108,914.00 from
the Compensation Board of the Commonwealth of Virginia through June 30, 2017, and
authorizing the acceptance, execution, and filing of appropriate documents to obtain
such funds.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, August 15, 2016.
Sincerely,
yr).���
Stephanie M. Moon Reyn MM
City Clerk
Enclosure
c: Christopher P. Morrill, City Manager
Daniel J. Callaghan, City Attorney
Barbara A. Dameron, Director of Finance
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
_
215 Church Avenue, S. W., Romn 456
"
Roanoke, Virginia 24011 -1536
TelepLone: (540) 853 -2541
Fax: (540) 853-1145
STEPHANIE M. MOON REYNOLDS, MMC
E-nm0: ua....
CECELIA F. MCCOY
City Clerk
Deputy City Clerk
CECELIA T. WEBB, CMC
August 16, 2016
Assistant Deputy City Clerk
The Honorable Donald S. Caldwell
Commonwealth's Attorney
Roanoke, Virginia
Dear Mr. Caldwell:
I am enclosing copy of Resolution No. 40599- 081516 authorizing the acceptance of
funding for the regional drug prosecutor's office in the total amount of $108,914.00 from
the Compensation Board of the Commonwealth of Virginia through June 30, 2017, and
authorizing the acceptance, execution, and filing of appropriate documents to obtain
such funds.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, August 15, 2016.
Sincerely,
yr).���
Stephanie M. Moon Reyn MM
City Clerk
Enclosure
c: Christopher P. Morrill, City Manager
Daniel J. Callaghan, City Attorney
Barbara A. Dameron, Director of Finance
31
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15th day of August, 2016.
No. 40599 - 081516.
A RESOLUTION authorizing the acceptance of funding for the regional drug prosecutor's
office from the Compensation Board of the Commonwealth of Virginia and authorizing the
acceptance, execution, and filing of appropriate documents to obtain such funds.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
The City of Roanoke hereby accepts funding fox the regional drug prosecutor's office
in the total amount of$108,914.00 from the Compensation Board ofthe Commonwealth of Virginia
through June 30, 2017, with a local match of $57,409.00.
2. The City Manager is hereby authorized to accept, execute, mid file on behalf of the
City of Roanoke any and all documents required to obtain such funding. All such documents to be
approved as to form by the City Attorney.
3. The City Manager is Either directed to furnish such additional information as may be
required in connection with the acceptance of the foregoing funding or with such project.
ATTEST:
/ eL id1 C ity tCler FT LL
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15th day of August, 2016.
No. 40600 - 081516.
AN ORDINANCE to appropriate funding from the Commonwealth of Virginia
for the Regional Drug Prosecutor Grant, amending and reordaining certain sections of
the 2016 -2017 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 2016 -2017 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Regular Employee Salaries
35- 150- 4514 -1002
$ 109,352
City Retirement
35- 150- 4514 -1105
17,289
401 Health Savings Match
35- 150- 4514 -1117
1,094
FICA
35- 150 - 4514 -1120
8,365
Medical Insurance
35- 150 - 4514 -1125
12,696
Dental Insurance
35- 150 - 4514 -1126
718
Life Insurance
35- 150 - 4514 -1130
1,443
Disability Insurance
35- 150 - 4514 -1131
366
Telephone
35 -150- 4514 -2020
1,000
Administrative Supplies
35- 150 - 4514 -2030
2,500
Training and Development
35- 150 - 4514 -2044
2,500
Other Rental
35- 150- 4514 -3075
9,000
Revenues
Regional Drug Prosecutor FY17 -Comp Board
35- 150- 4514 -4514
108,914
Regional Drug Prosecutor FY17 -Local Match
35- 150 - 4514 -4515
57,409
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
AXix
Cit y CTeck U
Q CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: August 15, 2016
Subject: Acceptance of Funding for Drug Prosecutor
Background:
Federal funding was made available to the Commonwealth of Virginia to be
used for the development of several Multi - Jurisdictional Special Drug
Prosecutors statewide. The positions were developed to coordinate
prosecutorial efforts among independent jurisdictions, reduce fractional and
duplicate prosecutions, enhance the recovery of criminal assets, and utilize
federal, state and local resources to assure maximum prosecutorial
effectiveness and to provide specialized prosecutorial resources to the regional
drug enforcement effort. The Commonwealth's Attorneys of Craig County,
Franklin County, Roanoke County, and the Cities of Roanoke and Salem applied
on October 9, 1987, to the Commonwealth's Attorneys' Services Council, the
State agency responsible for the administration of the grant money, to fund a
Multi- Jurisdictional Special Drug Prosecutor. City Council accepted the Multi -
Jurisdictional Special Drug Prosecutor Grant in April, 1988, and a full -time
Special Drug Prosecutor was hired in July, 1988. Annual re- application for this
funding is required.
Considerations:
On April 15, 1994, funding for the Drug Prosecutor's Office was transferred
from the Commonwealth's Attorneys' Services Council to the Compensation
Board. The Compensation Board approved funding for the Drug Prosecutor in
the amount of $108,914 effective May 1, 2016, and funding will continue
through June 30, 2017. A local match is required. The local match is $57,409
for a total funding of $166,323. Funding for the local share is available in the
General Fund - Transfer to Grant Fund (account number 01- 250- 9310 - 9535).
Recommended Action:
Authorize the application for the Grant and accept funding from the
Compensation Board in the amount of $108,914 with the City providing local
match funding in the amount of $57,409. Authorize the City Manager to
execute the requisite documents to obtain the funding from the Compensation
Board. All such documents shall be reviewed and approved as to form by the
City Attorney.
Adopt the accompanying budget ordinance to establish revenue estimates for
$108,914 in state grant funds and $57,409 in local match, to transfer local
match funding from the General Fund Transfer to Grant Fund account (01 -250-
9310- 9535), and to appropriate funding totaling $166,323 per attachment 1
into accounts to be established by the Director of Finance.
Donald 5. Caldwell
Commonwealth's Attorney
Distribution: Council Appointed Officers
TOTAL $166,323
Attachment 1
Program Accounts
1002
Regular Employee Salaries
$109,352
1105
City - Retirement
$17,289
1117
401H Health Savings Account
$ 1,099
1120
FICA
$ 8,365
1125
Medical Insurance
$12,696
1126
Dental Insurance
$ 718
1130
Life Insurance
$ 1,993
1131
Long Term Disability Ins.
$ 366
3075
Other Rental
$ 9,000
2020
Telephones
$ 1,000
2030
Administrative Supplies
$ 2,500
2099
Training and Development
$ 2,500
TOTAL $166,323
aCITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: August 15, 2016
Subject: Acceptance of Funding for Drug Prosecutor
I concur with the recommendation from Donald S. Caldwell, Commonwealth's
Attorney, to accept funding from the Compensation Board of the
Commonwealth of Virginia for the Special Drug Prosecutor position, in the
amount of $108,914, with the City providing the local match of $57,409. 1
further recommend adopting the accompanying budget ordinance to establish a
revenue estimate of $108,914 in state grant funds, and to appropriate funding
totaling $166,323 in accounts to be established by the Director of Finance.
alk ------------
Christopher P. Morrill
City Manager
Distribution: Council Appointed Officers
Barbara Dameron, Director of Finance
041
tN THF. COUNCIL. OFTHF CITY OF ROANOKE, VIRGINIA
The 15th day of August, 2016.
No. 40601 - 081516.
A RESOLUTION authorizing acceptance of the Virginia Sexual & Domestic Violence
Victim Fund Grant made to the City of Roanoke by the Virginia Department of Criminal Justice
Services, 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:
The City Manager is hereby authorized on behalf of the City to accept from the
Virginia Department of Criminal Justice Services, the Virginia Sexual & Domestic Violence Victim
Fund Grant in the amount of $31,588, with a local match of $22,029, making total funding of
$53,617, for the continued employment of the Police Department's Sexual Violence Specialist and
Hispanic Outreach Coordinator, as more particularly described in the City Council Agenda Report
dated August 15, 2016.
2. The City Manager is hereby authorized to execute and file, on behalf ofthe City, any
documents setting forth the conditions of the grant in a form approved by the City Attorney.
3. The City Manager is further directed to famish such additional information as maybe
required in connection with the acceptance of the foregoing grant.
Ry,ok, dept s,edW &domestic violence coordinator grant 8 -15 -16 doe
ATTEST: /�
�" �_ City Cler U
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15th day of August, 2016.
No. 40602 - 081516.
AN ORDINANCE to appropriate funding from the Commonwealth of Virginia
for the Virginia Sexual and Domestic Violence Victim Fund Grant, amending and
reordaining certain sections of the 2016 -2017 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 2016 -2017 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Regular Employee Wages
City Retirement
Health Savings
FICA
Medical Insurance
Dental Insurance
Life Insurance
Revenues
Domestic Violence Victim FYI - State
Domestic Violence Victim FYI - Local
35-
640 - 3368
-1002
$ 37,381
35-
640 - 3368
-1105
5,910
35-
640 - 3368
-1117
374
35-
640 - 3368
-1120
2,860
35-
640- 3368
-1125
6,224
35-
640 - 3368
-1126
378
35-
640 - 3368
-1130
490
35-
640 - 3368
-3368
31,588
35-
640- 3368
-3369
22,029
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
ykj
To: Honorable Mayor and Members of City Council
Meeting: August 15, 2016
Subject: 2017 Virginia Sexual and Domestic Violence Victim Fund Grant
(CM 16- 00108)
Background:
The Department of Criminal justice Services of the Commonwealth of Virginia
has awarded the Roanoke Police Department $31,588 in grant funding as part
of the Virginia Sexual and Domestic Violence Victim Fund. There is no local
match requirement. The Roanoke Police Department will use the award to
partially fund its existing Sexual Violence Specialist position.
The Sexual Violence Specialist was previously funded as a full -time employee
position through a combination of general funds and grant funds in the
absence of alternative grant funding sources.
The 2017 Virginia Domestic Violence Victim Fund grant is not sufficient to fully
cover the salary and benefits of a full time position. To maintain the position as
a full time employee at current salary and benefit levels, the City of Roanoke
will be required to provide an additional $22,029 in funding to the 2017
Virginia Domestic Violence Victim Fund grant.
The Sexual Violence Specialist is an essential employee who provides services to
the victims of sexual assault. The Sexual Violence Specialist investigates sexual
violence offenses, ensures that victims receive support services throughout
their case, and prepares cases for prosecution. Beyond the services that the
employee provides in a grant funded capacity, the individual also serves as the
Hispanic Outreach Coordinator for the Roanoke Police Department. The
Hispanic Outreach Coordinator coordinates community events, assists in
criminal investigations, and works to improve community relations.
Recommended Action:
Accept the 2017 Virginia Domestic Violence Victim Fund 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 Grant fund for State grant funds of $31,588, transfer funding in the amount
of $22,029 from the Grant Match account (35- 300 - 9700- 5415) to provide local
funding, and appropriate total funding of $53,617 for salary and benefits into
accounts to be established by the Director of Finance in the Grant Fund.
ASTaHFR P. MORRILL
City Manager
Distribution: Council Appointed Officers
R. Brian Townsend, Assistant City Manager
Barbara A. Dameron, Director of Finance
Tim Jones, Chief of Police
Amelia C. Merchant, Director of Management and Budget
a
CITY OF ROANOKE
OFFICE OF'rIIE CITY CLERK
215 Church Avennc, S. W., Room 456
Rouumkv, Virginia 24011 -1536
Telephnnc: (540) 853 -2541
Fn.: (540)853 -1145
STEPIIANIE M. MOON REYNOLDS, MM(
E -nmi1: elerk(ulrunnokcvn . gnv
(' ECELIA F. MCCOY
('itti Clerk
Deily City C'le,'k
( E( ELIA T. WEBB, CM('
AMNslnnl OePnly City CIe,'k
August 16, 2016
Theresa Hunter
Budget and Grants Manager
Commonwealth of Virginia
Virginia Department of Fire Programs
Finance Branch
1005 Technology Park Drive
Glen Allen, Virginia 23059 -4500
Dear Ms. Hunter:
I am enclosing copy of Resolution No. 40603 -81516 accepting the Conference and
Education Assistance grant to the City from the Virginia Department of Fire Programs,
in the amount of $10,000.00, to be used to fund the 2nd Annual Sound the Alarm: Public
Information Officers and Community Risk Reduction Summit that will be held at the
Roanoke Sheraton Hotel & Conference Center on September 12 —14, 2016.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, August 15, 2016,
Sincerely,
Stephanie M. Moon Reynolds, MMC
City Clerk
Enclosure
Christopher P. Morrill, City Manager
Daniel J. Callaghan, City Attorney
Barbara A. Dameron, Director of Finance
Sherman Stovall, Assistant City Manager for Operations
H. David Hoback, Chief of Fire and Emergency Medical Services
Tiffany Bradbury, Fire Prevention Specialist
l�I
IN'I Ills C'ODN('II.01 'l ili; ('I "I'Y ol; ROANOKIS, VIRGINIA
'1'ho 19th day ul August, 2016.
No. 40603 - 051516.
A RIiSOI.IfI ION accepting the C'onlcrcnee and I'ducation Assistance grant to the City
horn Ihu Virginia Department of File Progrmns, and authorizing execution of any requireC
Clocumcntalion on hchel fill the City in connection with such grant.
BF IT RESOLVED by the Council 01 the City of Roanoke as follows:
The City Manager is hereby authorized on behalf of the City to accept from
Virginia Department of Fire Progrmns, a grant in the amount of $10,000, with no local match
from the City, such funding to be used to fund the 2nd Annual Sound the Alai-in: PIO &
Community Risk Reduction Summit that will be held at the Roanoke Sheraton Hotel &
Conference Center, all of which is more particularly described in the City Council Agenda
Report dated August 15, 2016,
2. The City Manager is hereby authorized to execute and file, on behalf of the City,
any documents setting forth the conditions of the giant in a form approved by the City Attorney,
3. The City Manager is further directed to furnish such additional information as
may be required in connection with the City's acceptance of this grant.
ATTEST:
City Cie 1 y
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15th day of August, 2016.
No. 40604 - 081516.
AN ORDINANCE appropriating funding from the Commonwealth of Virginia
Department of Fire Programs for conference and education assistance to host the Sound
the Alarm Conference, amending and reordaining certain sections of the 2016 -2017 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 2016 -2017 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Training and Development 35- 520 - 3742 -2044 $ 10,000
Revenues
VDFP Sound the Alarm Conference FY17 35- 520 - 3742 -3742 10,000
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.
eCITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: August 15, 2016
Subject: Virginia Department of Fire Programs (VDFP) Training Grant
Acceptance (CM 16-00109)
Background:
Earlier this year, the Virginia Department of Fire Programs "VDFP" accepted
applications for grants to be used by local fire departments for conference and
education assistance. The City of Roanoke received notification that the City
will be receiving $10,000. The funds will be used to fund the 2otl Annual Sound
the Alarm: Public Information Officers (PIO) & Community Risk Reduction
Summit that will be held at the Roanoke Sheraton Hotel & Conference Center
September 121h -14". This conference is geared towards Public Information
Officers and educators from all around the Commonwealth and will feature
sessions that focus on crisis communications, social media, and Red
Cross /Emergency Management programs.
Considerations:
City Council approval is needed to formally accept these funds.
Recommended Action:
Accept the grant as described above and authorize the City Manager to execute
any required grant agreements or documents, such to be approved as to form
by the City Attorney. Establish a revenue estimate of $10,000 in the Grant Fund
and appropriate funding in the same amount into an expenditure account
establishe by the Director of Finance.
U, - ----------
C ristopher P. Morrill
City Manager
Distribution: Council Appointed Officers
Barbara A. Dameron, Director of Finance
Sherman Stovall, Assistant City Manager for Operations
Mivin D. Carbr
Virginia Department of Fire Programs
Fina. Branch
,005 Tachnol Wep n 0M.
EEECU ..REVOn
OW As ,VA 2305"500
Phma: aW 371 -0220
Far..371.3044
July 18, 2016
Ms. Tiffany Bradbury
City of Roanoke
713 Third Street, SW
Roanoke, VA 24016
Dear Ms. Bradbury
We are pleased to advise the City of Roanoke of an assistance award of $10,000 under
the Conference and Education Assistance Program for support of the Sound the
Alarm Summit as proposed in your assistance application.
Funds are being made available for FY -2017. The performance period of the award is
July 1, 2016 to June 30, 2017. In order to remain eligible for the award the enclosed
acceptance letter must be signed and returned to me no later than August 18, 2016. The
document can be returned via a mailing service or email. Disbursement of the assistance
award in the amount of $10,000 is scheduled for release by September 30, 2016 pending
my receipt of your signed acceptance certification document.
Be advised that the terms and conditions of this assistance award are set forth in the
Conference and Education Administrative Policy & Application Instructions (available
on our website). Further, the recipient will provide is writing to the Virginia
Department of Fire Programs an accounting and after action report within thirty
(30) days of the conference conclusion or June 30" depending on the event date. A
copy of the event itinerary along with invoices totaling the amount of award shall be
included in the submission.
If you have any questions, feel free to contact me at my office 804/249 -1958, or via email
at Theresa.Hunter wd_fri.virginia.eov.
Respectfully,
Theresa Hunter
Budget and Grants Manager
w .wfirexiun
ark onl one — failure to complete this entry may result in expiration of the award
The award Accepted
Is... ❑ Declined
' hOffncitn fly. SN"\ 1la L0llly
(Typed I Printed Name) (Title)
N
AN completed acceptance statements must be received by VDFP not later than 5:00pm Thursday, August is,
2016; VDFP assumes no responsibility for lost, delayed, or Incomplete paperwork. Properly completed acceptances
0
Or he
not otherwise received timely may result in e award having t. _ n eltg had Li
It Is solely the grant award recipient's responsibility to assure that all FIN FIPS, and EFT information Is complete 8
daccurate
Be sure that d a transfer EFT) into other then your jurisdiction's ATL allocation receiving account is used,
0
that the proper account information is provided and returned on or before the above deadline.
Al entries must oe made in ink or type- wri0en.
C
City of Roanoke
a o
LL ;a
You have been awarded a Conference and Education Assistance grant from the Virginia Department of
Q S
Fire Programs in the amount of $70,000. This grant is to be used for the Sound the Alarm Summit as
7 3
CL
indicated on your application:
yIt
is a pleasure to be able to support your organization and its educational efforts.
The offer of this award shall expire effective 6:00pm Thursday, August 18, 2016, if not otherwise accepted by that time.
This grant is awarded effective this date for acceptance of any above specific terms & conditions and the general terns &
conditions as enumerated under the Department's current Conference and Education Grant policy. In accepting this award
the recipient agrees to use such funds only for the specific purpose(s) granted and further agrees, in the event of non-
compliance, to the full repayment of all grant monies received, such made to the Commomvealgrs FIRE PROGRAMS FUND
through a prompt & complete reimbursement to the "Treasurer of Virginia" and tendered to the VIRGINIA DEPARTMENT OF
FIRE PROGRAMS.
ark onl one — failure to complete this entry may result in expiration of the award
The award Accepted
Is... ❑ Declined
' hOffncitn fly. SN"\ 1la L0llly
(Typed I Printed Name) (Title)
CE( ELIA l'. W EBB, C'MC
August 16, 2016 Assistant De,ily City Clerk
James Guy, Program Manager
Salem District Office
Virginia Department of Transportation
731 Harrison Avenue
Salem, Virginia 24153
Dear Mr. Guy:
I am enclosing copy of Resolution No. 40605 - 081516 accepting Primary Extension
Funds from the Virginia Department of Transportation for the paving of Orange Avenue
from 10th Street, N.W., to Gainsboro Road, N.W., in the amount of $365,000.00.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, August 15, 2016.
Sincerely,
Stephanie M. Moon Reynolds, MMC
City Clerk
Enclosure
c: Cheryl Becker, Department Project Coordinator, Virginia Department of
Transportation, 731 Harrison Avenue, Salem, Virginia 24153
Christopher P. Morrill, City Manager
Daniel J. Callaghan, City Attorney
Barbara A. Dameron, Director of Finance
Mark D. Jamison, P. E., PTOE, Transportation Division Manager
11V
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
Tel, be,rv: (540)853 -2541
Fan: (540)853 -1145
STEPHANIE M.MOON REYNOLDS, MMC
Eyavil: der k(n)i 'onnokevngav CECELIA E. MCCOY
C'ih ('le. k
Deputy C'ip Clerk
CE( ELIA l'. W EBB, C'MC
August 16, 2016 Assistant De,ily City Clerk
James Guy, Program Manager
Salem District Office
Virginia Department of Transportation
731 Harrison Avenue
Salem, Virginia 24153
Dear Mr. Guy:
I am enclosing copy of Resolution No. 40605 - 081516 accepting Primary Extension
Funds from the Virginia Department of Transportation for the paving of Orange Avenue
from 10th Street, N.W., to Gainsboro Road, N.W., in the amount of $365,000.00.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, August 15, 2016.
Sincerely,
Stephanie M. Moon Reynolds, MMC
City Clerk
Enclosure
c: Cheryl Becker, Department Project Coordinator, Virginia Department of
Transportation, 731 Harrison Avenue, Salem, Virginia 24153
Christopher P. Morrill, City Manager
Daniel J. Callaghan, City Attorney
Barbara A. Dameron, Director of Finance
Mark D. Jamison, P. E., PTOE, Transportation Division Manager
IN TI it; C'OUNCII, OF I H: CI I OI: ROANOKE, VIRGINIA
The 15th day of August, 2016.
No. 40605- 081516.
A RBOLUTION accepting Primary 1!xtcnsion Funds from the Virginia Dep2rlmcnt of
"transportation Ibr the paving of Orange Avenue foul 10" Street, N.W., to Gainshoro Road,
N.W., and authorizing such additional action and execution of any required documents on behall
ofthc City in connection with such funds under certain conditions.
BE I1 RESOLVED by the Council of the City of Roanoke as follows:
'file City Manager is hereby authorized on behalf of the City of Roanoke to accept
Virginia Department of Transportation Primary Extension Funds in the amount of $365,000,
which funds may require a local match of the costs of preliminary engineering, right of way, and
construction (as applicable), for the paving of Orange Avenue from 10 °i Street, N.W., to
Gainsbom Road, N.W., and, to the extent n local match is required, such funds having already
been committed by the City of Roanoke, all of which is more particularly described in the City
Council Agenda Report dated August 15, 2016.
2. The City Manager and the City Clerk are hereby authorized to execute and attest,
respectively, for and on behalf of the City, any and all requisite documents pertaining to the
City's acceptance of the funds, such documents to be approved as to form by the City Attorney.
3. The City Manager is hereby authorized to take such further actions and execute
all documents as may be necessary to implement and administer such funds, including
establishing guidelines for the use of such ftmds, consistent with the trims of this resolution,
with any such documents being approved as to form by the City Attorney.
Revised VD(o resolmion (09 . 10.2016). dac
ATTEST:
City Clerk.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15th day of August, 2016.
No. 40606 - 081516.
AN ORDINANCE to appropriate funding from Virginia Department of
Transportation for Capital Street Paving projects, amending and reordaining certain
sections of the 2016 -2017 Capital Projects 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 2016 -2017 Capital Projects Fund Appropriations be, and the same are
hereby, amended and reordained to read and provide as follows:
Appropriations
Appropriated from State Grant Funds
Revenues
VDOT Capital Street Paving FY17
08- 530 - 9488 -9007 $ 365,000
/: 1 • • 111
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
��-n - Q"`'I''
City Clerk.
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: August 15, 2016
Subject: Acceptance of FY 2017 VDOT Funding -
Authorization and Appropriation of Funds (CM0001 6 -1 1 0)
Background:
In 2014, the General Assembly passed legislation providing that State primary
routes maintained by municipalities can receive a portion of the reconstruction
and paving allocations previously only distributed to Interstates and state -
maintained primary roads. Additional paving funds were made available to
localities through House Bill 2 in the form of State of Good Repair Funding.
Considerations:
The City of Roanoke applied for funds through these programs and has been
awarded $365,000 for the paving of Orange Avenue (Route 460) from 10" St
N.W. to Gainsboro Road.
Recommended Action:
Accept VDOT's award of funds for paving in the total amount of $365,000, and
acknowledge that the City has committed to funding the local share for the
costs of preliminary engineering, right of way, and construction (as applicable)
for this project in accordance with the project finance documents .
Authorize the City Manager to execute the project administration agreement
and appendices and to take such further actions and execute such further
documents as may be necessary to obtain, accept, implement, administer, and
use such funds as referred to above.
Adopt the accompanying Budget Ordinance to establish a revenue estimate for
the primary extension funds in the amount of $365,000 and appropriate
funding in the same amount to a new expenditure account for street paving to
be established by the Director of Finance.
a---------
P. Morrill
City Manager
Distribution: Council Appointed Officers
Sherman M. Stovall, Assistant City Manager for Operations
Barbara A. Dameron, Director of Finance
Mark D. Jamison, P.E., PTOE, Transportation Division Manager
Appendix A
N/A Ianads City, M ROannke
near Local wv..- .�..
Prolecl LOration ZlPt4'.
24011 -1520
-�....
Local � _. _...
Locality DUNSIt 006704316
State of Good Repair
511 F 0
Locality Atldress (in ZIP+4):
215 LM1Urcb AVe. $W
Roanok¢, VA 24011
eklivAgoamovAlm
Primary Extension - Ci
7« .. ,NG:;kJ.+dG' :vf:S+A$ :.`}i'E
of Roanoke - Route 460 /Orange Ave
h5`A^<,`, ✓'aW, eG�m .# .k..,ti '.u,.i °1.4
Scope:
From:
10th Street NW
Phase
EslimaleE Pr'arl COSTS FuMSlypa
LOWIkParlicipati0010r
Gainsboro Rdad
(Crrowe wmempewnEpy
Joel Pro. Youreffirl Mad Jams, Y54]1 mark's on
nokeva. o
rConlaU
OepanmenProleU Composition COnlacl Info
Cheryl Beckeq 5r0 -36] -5399
shand beckerAvdo undera go
" i ""f,
ri >, u^N1 „ ' P so4
Costa "urMmaM
State of Good Repair
511 F 0
CTR Formula
511 F ntl
Aggregate Allocagons
$ 932
Manmum flexible moment Esdarld Rsea 1 demean
$385000
Lotelily
Phase
EslimaleE Pr'arl COSTS FuMSlypa
LOWIkParlicipati0010r
Local Sham Ana l (E ideale�COST rural
time Reimbursamenl -Est.
(Crrowe wmempewnEpy
FuntlaT a
EM19re) VOOTE es
Prelimiia En Ineeli
$1000
1 Slade Foos
0°1.
$0
EO
$0
EO
EO EO
an 81,000 EO
ToIaI PE
$1009
R M W W a W0Aie5
o TRW
0
Construction
T41,000 State Funds M
$0 $364,009
s6
$0
$0
EO
$0
EO
$0
$0
TobI CN
$304,000
80
8384,000 Y382.5.
Total Estimated Cost
$355000
$o
$3550. $3fi2,500
Total Maximum Reldribureareaddent by VDOT to Locality Leas Local Shame
$365,000
Estimated Total Reimbumemen$b VOOT to Localit Less Local Share and VDOT Expenses)
.62 00
W administered in aceodance with VDOTs Urban Manual
Ire administered in accordance yam VDOTS Locally Adminsitered Projects Manual
This prOled shall meet all applkdble AOA requirements
The Locally vnll continue to operate and maintain the (delis, as constructed Should the desgn features of the prolad be altered by the Localily subsequent to pmjed somplerion wimout
ie Department the adds, Inherency agrees, by instant of agreement to make res0rsond either pMsicaly or moneaddly, as requideo by the oepan ay et.
Fund$ for Isis armed are not available fail July 1, 2016
This project must be advMlseb earn six months of awam funding or be subject In dealmcati0n
This is alimited funds project. The LOwldy shall be responsible for any additional funding In excess of $3650. (if applicable)
Total project allocatlona: $3$5,000
"burden Locality Omeal add date
Typed or paned name OI person signing
Ade eraed VDGT Cfcdal
Remmmendaonn and Date
Jay Guy Program Manager
Typed or punted naryey�$gMdp
P PNaaold m,,.,, —, xw .., a.. ... �...
s
State of Good Repair
511 F 0
CTR Formula
511 F ntl
Aggregate Allocagons
$ 932
$ 0063 000��
$385000
W administered in aceodance with VDOTs Urban Manual
Ire administered in accordance yam VDOTS Locally Adminsitered Projects Manual
This prOled shall meet all applkdble AOA requirements
The Locally vnll continue to operate and maintain the (delis, as constructed Should the desgn features of the prolad be altered by the Localily subsequent to pmjed somplerion wimout
ie Department the adds, Inherency agrees, by instant of agreement to make res0rsond either pMsicaly or moneaddly, as requideo by the oepan ay et.
Fund$ for Isis armed are not available fail July 1, 2016
This project must be advMlseb earn six months of awam funding or be subject In dealmcati0n
This is alimited funds project. The LOwldy shall be responsible for any additional funding In excess of $3650. (if applicable)
Total project allocatlona: $3$5,000
"burden Locality Omeal add date
Typed or paned name OI person signing
Ade eraed VDGT Cfcdal
Remmmendaonn and Date
Jay Guy Program Manager
Typed or punted naryey�$gMdp
Airport Access
urban Manual
ARRA
Revenue Sharing Manual
Betterment
Enhancement Manual
OMAO
Locally Adminsadered Projects Manual
Economic Development Access
Enhancement
Federal BR Funds
Federal Demo Funds
Federal Formula
NIA
Federal Interstate
20,205
HSIP
Local Match
Local Funds
Minimum Guarantee Equity Bonus
NHS
PTF
Public Lands
Recreational Access
Residue Parcel
Revenue Sharing
RSTP
Secondary
Scenic Byways
Soft match
State Match
State Funds
TEA 21 High Priority
Transportation Alternatives
Urban
Other
Standard Bullets for Agreements (copy & paste as necessary)
• This project Is funded with federal aid Congestion Mitigation and Air Quality Program (CMAQ) funtls. These funds must be obligated within 12 months of allocation and expended within 36 II
months of the obligation. IINII
o FV $ Allocation by the CTB, Obligation deadline _. Expenditure deadline_
This project is funded with federal -aid Highway Safety Improvement Program (Hi funds. These funds must be obligated within 12 months of allocation and expended within 36 months of the
bliga0or Ilpll
o FV_ $ Allocation by the CTB. Obligation tleatlline_, Fxpeuditure deadline_
I This project is funded with federal-aid Regional Surface Transportation Program (RSTP) funtls. These funds must be obligated within 12 months of allocation and expended within 36 months of II
tthe obligation. N
o FV_ $_Allocation by the CTB, Obligation deadline . Expenditure tleatlline
Ile The project will be constructed and maintained in accordance with (List Appropriate Guide or Manual)
1 t, The Locality will continue to operate and maintain the facility as constructed. Should the design features of the project be altered by the Locality subsequent
project completion without approval of the Department, the locality inherently agrees, by execution of this agreement, to make restitution, either physically or
This project is a Revenue Sharing project and must follow the procedures set forth in the Guide to the Revenue Sharing Program In accordance with §33.1 -23 05 of the Code of Virginia this project must be initiated and at least a portion of the funds expended by {dotal or the project may be subject to
solicitation
II• This project is a Safe Routes to Schools Project. The Project must be completed and allocated funds expended within three years of the agreement having been signed II
I• VDOT has billed $ - (dollar amount) the locality for this project as of (date)
. VDOT has received $ - (dollar amount) from the locality for this project as of (date)
• The Locality shall reimburse the Department $_ received as an overpayment in excess of eligible project costs.
II. The project will be constructed and maintained in accordance with VDOPS (List Appropriate Guide or Manual)
STANDARD PROJECT ADMINISTRATION AGREEMENT
State -aid Projects
Project Number
UPC
Local Government
0000 -128 -405
109651
Cit of Roanoke
THIS AGREEMENT, made and executed in triplicate this day of
20, by and between the City of Roanoke, Virginia, hereinafter referred to as the LOCALITY
and the Commonwealth of Virginia, Department of Transportation, hereinafter referred to as the
DEPARTMENT.
WHEREAS, the LOCALITY has expressed its desire to administer the work described in
Appendix A, and such work for each improvement shown is hereinafter referred to as the
Project; and
WHEREAS, the funds shown in Appendix A have been allocated to finance the
Project(s) and the funding currently allocated or proposed for the project(s) does not include
Federal-aid Highway funds; and
WHEREAS, both parties have concurred in the LOCALITY's administration of the
phase(s) of work for the respective Project(s) listed in Appendix A in accordance with applicable
federal, state and local laws and regulations.
NOW THEREFORE, in consideration of the mutual premises contained herein, the
parties hereto agree as follows:
The LOCALITY shall:
a. Be responsible for all activities necessary to complete the noted phase(s) of each
Project shown in Appendix A, except for activities, decisions, and approvals which
are the responsibility of the DEPARTMENT, as required by federal or state laws and
regulations or as otherwise agreed to, in writing, between the parties.
b. Receive prior written authorization from the DEPARTMENT to proceed with the
project.
c. Administer the project(s) in accordance with guidelines applicable to Locally
Administered Projects as published by the DEPARTMENT.
d. Provide certification by a LOCALITY official of compliance with applicable laws
and regulations on the State Certification Form for State Funded Projects or in
another manner as prescribed by the DEPARTMENT.
e. Maintain accurate and complete records of each Project's development of all
expenditures and make such information available for inspection or auditing by the
DEPARTMENT. Records and documentation for items for which reimbursement
will be requested shall be maintained for not less than three (3) years following
acceptance of the final voucher on each Project.
OAG Approved 12117/2010, Revised 10/1/2014
City of Roanoke
Project 0000- 128 -405, UPC 109651
f. No more frequently than monthly, submit invoices with supporting documentation to
the DEPARTMENT in the form prescribed by the DEPARTMENT. The supporting
documentation shall include copies of related vendor invoices paid by the
LOCALITY and also include an up -to -date project summary and schedule tracking
payment requests and adjustments.
g. Reimburse the DEPARTMENT all Project expenses incurred by the DEPARTMENT
if due to action or inaction solely by the LOCALITY the project becomes ineligible
for state reimbursement, or in the event the reimbursement provisions of Section
33.2 -348 or Section 33.2 -331 of the Code of Virginia, 1950, as amended, or other
applicable provisions of state law or regulations require such reimbursement.
h. On Projects that the LOCALITY is providing the required match to state funds, pay
the DEPARTMENT the LOCALITY's match for eligible Project expenses incurred
by the DEPARTMENT in the performance of activities set forth in paragraph 2.a.
i. Administer the Project in accordance with all applicable federal, state, and local laws
and regulations. Failure to fulfill legal obligations associated with the project may
result in forfeiture of state -aid reimbursements
j. If legal services other than that provided by staff counsel are required in connection
with condemnation proceedings associated with the acquisition of Right -of -Way, the
LOCALITY will consult the DEPARTMENT to obtain an attorney from the list of
outside counsel approved by the Office of the Attomey General. Costs associated
with outside counsel services shall be reimbursable expenses of the project.
k. For Projects on facilities not maintained by the DEPARTMENT, provide, or have
others provide, maintenance of the Project upon completion, unless otherwise agreed
to by the DEPARTMENT.
2. The DEPARTMENT shall:
a. Perform any actions and provide any decisions and approvals which are the
responsibility of the DEPARTMENT, as required by federal or state laws and
regulations or as otherwise agreed to, in writing, between the parties.
b. Upon receipt of the LOCALITY's invoices pursuant to paragraph Lf, reimburse the
LOCALITY the cost of eligible Project expenses, as described in Appendix A. Such
reimbursements shall be payable by the DEPARTMENT within 30 days of an
acceptable submission by the LOCALITY.
c. If appropriate, submit invoices to the LOCALITY for the LOCALITY's share of
eligible project expenses incurred by the DEPARTMENT in the performance of
activities pursuant to paragraph 2.a.
OAG Approved 12/17/2010; Revised 10/112014
City of Roanoke
Project 0000 -128 -405, UPC 109651
d. Audit the LOCALITY's Project records and documentation as may be required to
verify LOCALITY compliance with applicable laws and regulations.
e. Make available to the LOCALITY guidelines to assist the parties in carrying out
responsibilities under this Agreement.
3. Appendix A identifies the funding sources for the project, phases of work to be
administered by the LOCALITY, and additional project- specific requirements agreed to
by the parties. There may be additional elements that, once identified, shall be addressed
by the parties hereto in writing, which may require an amendment to this Agreement.
4. If designated by the DEPARTMENT, the LOCALITY is authorized to act as the
DEPARTMENT's agent for the purpose of conducting survey work pursuant to Section
33.2 -1011 of the Code of V irginia, 1950, as amended.
5. Nothing in this Agreement shall obligate the parties hereto to expend or provide any
funds in excess of funds agreed upon in this Agreement or as shall have been included in
an annual or other lawful appropriation. In the event the cost of a Project is anticipated to
exceed the allocation shown for such respective Project on Appendix A, both parties
agree to cooperate in providing additional funding for the Project or to terminate the
Project before its cost exceeds the allocated amount, however the DEPARTMENT and
the LOCALITY shall not be obligated to provide additional funds beyond those
appropriated pursuant to an annual or other lawful appropriation.
6. Nothing in this agreement shall be construed as a waiver of the LOCALITY's or the
Commonwealth of Virginia's sovereign immunity.
The Parties mutually agree and acknowledge, in entering this Agreement, that the
individuals acting on behalf of the Parties are acting within the scope of their official
authority and the Parties agree that neither Party will bring a suit or assert a claim against
any official, officer, or employee of either party, in their individual or personal capacity
for a breach or violation of the terms of this Agreement or to otherwise enforce the terms
and conditions of this Agreement The foregoing notwithstanding, nothing in this
subparagraph shall prevent the enforcement of the terms and conditions of this
Agreement by or against either Party in a competent court of law.
8. The Parties mutually agree that no provision of this Agreement shall create in the public,
or in any person or entity other than parties, rights as a third party beneficiary hereunder,
or authorize any person or entity, not a party hereto, to maintain any action for, without
limitation, personal injury, property damage, breach of contract, or return of money, or
property, deposit(s), cancellation or forfeiture of bonds, financial instruments, pursuant to
the terms of this of this Agreement or otherwise. Notwithstanding any other provision of
this Agreement to the contrary, unless otherwise provided, the Parties agree that the
LOCALITY or the DEPARTMENT shall not be bound by any agreements between the
either party and other persons or entities concerning any matter which is the subject of
this Agreement, unless and until the LOCALITY or the DEPARTMENT has, in writing,
OAG Approved 12/17/2010; Revised 10/1/2014 3
City of Roanoke
Project 0000- 128 -405, UPC 109651
receive a true copy of such agreement(s) and has affirmatively agreed, in writing, to be
bound by such Agreement.
This agreement may be terminated by either party upon 30 days advance written notice.
Eligible Project expenses incurred through the date of termination shall be reimbursed in
accordance with paragraphs Lf, Lg, and 2.b, subject to the limitations established in this
Agreement and Appendix A. Upon termination and unless otherwise agreed to, the
DEPARTMENT shall retain ownership of plans, specifications, and right of way for
which state funds have been provided, unless all state funds provided for the Project have
been reimbursed to the DEPARTMENT by the LOCALITY, in which case the
LOCALITY will have ownership of the plans, specifications, and right of way.
THE LOCALITY and DEPARTMENT acknowledge and agree that this Agreement has
been prepared jointly by the parties and shall be construed simply and in accordance with its fair
meaning and not strictly for or against any party.
THE LOCALITY and the DEPARTMENT further agree that should Federal -aid
Highway funds be added to the project, this agreement is no longer applicable and shall be
terminated. The LOCALITY and the DEPARTMENT mutually agree that they shall then enter
into a Standard Project Administration Agreement for Federal -aid Projects.
THIS AGREEMENT, when properly executed, shall be binding upon both parties, their
successors, and assigns.
THIS AGREEMENT may be modified in writing by mutual agreement of both parties.
The remainder of this page is BLANK
OAG Approved 12/1712010, Revised 10/1/2014
City of Roanoke
Project 0000 -128 -405, UPC 109651
IN WITNESS WHEREOF, each party hereto has caused this Agreement to be executed
as of the day, month, and year first herein written.
CITY OF ROANOKE, VIRGINIA:
Typed or printed name of signatory
Date
Signature of Witness Date
NOTE: The official signing for the LOCALITY must attach a certified copy of his or her
authority to execute this agreement.
COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION:
Chief of Policy Date
Commonwealth of Virginia
Department of Transportation
of Witness Date
Attachment
Appendix A UPC 109651
OAG Approved 12117/2010 Revised 10/1/2014
Q,:i
STEPHANIE M. MOON REYNOLDS, MMC
('ity Cie it
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
'relnphm,e: (541)x53 -2541
Fax: (540) 853 -1145
E -meil: elerk(Nrommke......
August 16, 2016
Dale Halsey
Branch Manager
C. E. Thurston and Sons Distributing, LLC
719 Gainsboro Road, N. W.
Roanoke, Virginia 24016
Dear Mr. Halsey:
CECELIA F. MCCOY
Deputy City Clerk
CECELIA T. W EBB, CM('
Assistant Deptity City Clerk
I am enclosing copy of Resolution No. 40607 - 081516 authorizing the City Manager to
execute Amendment No. 1 to the City's Contract with C.E. Thurston & Sons, Inc., for
pipe insulation services at the Berglund Center. The City entered into a contract with
C.E. Thurston & Sons, Inc. dated November 16, 2015.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, August 15, 2016.
Sincerely,
errellly,,
4
Stephanie M. Moon Reyno s, C
City Clerk
Enclosure
c: Robyn Schon, General Manager, The Berglund Center, P.O. Box 13005,
Roanoke, Virginia 24030 -3005
Christopher P. Morrill, City Manager
Daniel J. Callaghan, City Attorney
Barbara A. Dameron, Director of Finance
Sherman M. Stovall, Assistant City Manager for Operations
Michael Shockley, Director of General Services
IN'I'I E COUNCIL OF I'IIF CITY OI; ROANOKII, VIRGINIA
The I`irh day of August, 2016.
No. 40601— O81516.
A RGSOI,U IION outhorizing the City Manager to execute Amendment No. I to the
City's Contract with C'.1!. 'I uer n n & Sons, INC., for pipe insulation scrviccs at the 13crglund
Center.
WHEREAS, the City entered into a contract with CE. Thurston & Sons, Inc.
( "Contractor "), dated Novanber 16, 2015 ( "Contract'), pursuant to which Contract, the
Contractor agreed to provide for pipe insulation services at the Berglund Center;
WHEREAS, the City and the Contractor have agreed to amend the Contract to extend the
term of the Contract and increase the amount payable to the Contractor to allow for completion
of the remaining work, as set forth in Amendment No. 1, a copy of which Amendment No. 1 is
attached to the City Council Agenda Report dated August 15, 2016; and
WIIEREAS, pursuant to City Charte and City Code, City Council authorization is
required because the aggregate amount of all increases payable carte the Contract, as amended,
will exceed $50,000.
NOW, THEREFORE BE IT RESOLVED by the Council of the City of Roanoke that the
City Manager is hereby authorized, for and on behalf of the City, to execute Amendment No. 1
to the City's Contract with C.E. Thurston & Sons, hle., for pipe insulation services at the
Berglund Center, such Amendment No. I to be approved as to form by the City Attorney, all of
which is more fully set forth in the City Council Agenda Report dated August 15, 2016
R- ceui, -�- em.- Ai—id Im-
ATTEST:
tpal city Clotk.
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: August IS, 2016
Subject: Amendment to Contract with C.E. Thurston & Sons, Inc.
(CM 16 -001 12)
Background:
A Contract dated November 16, 2015, was issued to C.E. Thurston &
Sons, Inc. for pipe insulation services at the Berglund Center for the City
of Roanoke for a lump sum price of $129,000.
Amendment No. 1 is now needed to increase the total amount of the
contract to allow for additional work and increase the time of completion
to allow for completion of the remaining work. Amendment No. 1 will be
effective retroactive to November 16, 201 S.
Amendment No. 1 provides clarification to the work described, which
incorporates additional square footage not previously accounted for. The
additional work results in an increase of $75,842 to the Contract amount,
thus increasing the lump sum contract amount to $204,842.
Considerations:
City Council approval is needed to amend the original contract, funding
for which is available in account #05 -550 -8637.
Recommended Action:
Authorize the City Manager's execution of Amendment No. 1, approved
as to form by the City Attorney.
Authorize the City Manager to take such action and execute such
documents, approved as to form by the City Attorney, as may be
necessary to provide for the implementation, administration, and
enforcement of such Amendment to the above mentioned Contract.
-- --------------- - - - --
CHRISTOPHER P. MORRILL
City Manager
Distribution: Council Appointed Officers
Sherman Stovall, Asst. City Manager for Operations
Barbara A. Dameron, Director of Finance
Michael Shockley, Director of General Services
t5�
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
_
215 Church Avenue, S. W., Room 456
"
Roanoke, Virginia 24011 -1536
Teleplmne: (540)8532541
Fax: (540)8534145
STEPHANIE M. MOON REYNOLDS, MMC
E -mail derk(a:roanokeva.8ov
CECELIA F. MCCOY
Cite Clerk
Deputy City Clerk
CECELIAT. WEBB, CMC
Assistant Deputy City Clerk
August 17, 2016
Christopher P. Morrill
City Manager
Roanoke, Virginia
Dear Mr. Morrill:
I am enclosing copy of Ordinance No. 40608 - 081516 authorizing the execution,
delivery, and performance of an Agreement between the City of Roanoke, Virginia and
Norfolk Southern Railway Company in connection with the proposed improvements to
the Franklin Road Bridge Project; authorizing the acquisition of property rights by the
City as needed for the Project and the maintenance, construction, and operation of the
Project.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, August 15, 2016; and is in full force and effect upon its
passage.
Sincerely,
Stephanie M. Moon Reynolds, MMC
City Clerk
Enclosure
c: Daniel J. Callaghan, City Attorney
Barbara A. Dameron, Director of Finance
Philip Schirmer, City Engineer
Daniel J. Callaghan
City Attorney
VIA Federal Express
Scott Overbey
Engineer Public Improvements
Norfolk Southern Corporation
1200 Peachtree Street Box 7 -142
Atlanta, CA 30309
CITY OF ROANOKE
OFFICE OF THE CITY ATTORNEY
464 MUNICIPAI. BUIILING
215 CHCRCI I AVENUE, SW
ROANOKF, VIRGINIA 2401 M 595
TF1 FPHONF 540.853 -2431
FAX 540,453 -1221
EMAIL- 5r}'.am- CDraauokeca.00c
August 17, 2016
Timothy R.
Spencer
Steven J.
Talevi
David L.
Collins
Heather P.
Ferguson
Laura M.
Carini
Assistant City Attorneys
Re: Agreement for Proposed Improvement to the Franklin Road Bridge
Dear Mr. Overbey:
Please find enclosed two duplicate originals of the above - referenced Agreement. Please have the
appropriate person sign the Agreement and return a fully executed duplicate original to my attention.
1 am also enclosing a copy of Ordinance No. 40608 - 081516, adopted by Council on August 15,
2016, which approves this Agreement.
Thank you for your assistance in this matter.
Sincerely yours,
Daniel J. 2agl�"
City Attorney
DJC/Isc
Enclosures
c: Stephanie M. Moon Reynolds, City Clerk (w /o encl.)
)lv I,
u
IN THE COUNCII, OFTIIF. CITY OF ROANOKE, VIRGINIA
The 15th day of August, 2016.
No. 40608 - 081516
AN ORDINANCE authorizing the execution, delivery, and performance of an Agreement
between the City of Roanoke, Virginia and Norfolk Southern Railway Company (NS) in
connection with the proposed improvements to the Franklin Road Bridge Project (Project);
authorizing the acquisition of property rights by the City as needed for the Project and the
maintenance, construction, and operation of the Project; authorizing the City Manager to execute
such other documents and to take such other actions as necessary or appropriate; 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. The City needs to enter into an agreement with NS in order to undertake the
Project, as more particularly described in the City Attorney's Letter dated August 15, 2016. The
City Manager is hereby authorized to execute, deliver, and perform the proposed Agreement,
substantially similar to the proposed Agreement attached to the City Attorney's Letter dated
August 15, 2016, as approved as to form by the City Attorney.
2. The City Manager is further authorized to acquire such property interests and
confirm the City's property interests necessary for the Project and as provided in the proposed
Agreement, as more particularly described in the City Attorney's Letter dated August 15, 2016.
The City Manager is further authorized to pay such consideration as the City Manager deems
appropriate, to the extent required under the terms of the proposed Agreement, without further
K\ Maasareffrallklln Road Bridge NS Agreement 9 1 16 -due 8/9/16
authorization of Council. The Director of Finance is authorized to pay any such consideration to
NS. The form of such documents shall be approved by the City Attorney.
3. The City Manager is further authorized to execute such other documents in a form
approved by the City Attorney and take such other action deemed necessary by the City Manager
in order to effectuate, deliver, administer, and enforce the proposed Agreement on behalf of the
City
Pursuant to Section 12 of the City Charter, the second reading of this ordinance
by title is hereby dispensed with.
ATTEST:
�, t�r' jav
City Clerk.
K9Meosuru \Frenklln Roud Bridge NS Agaemem 8 15 16 &o 8/9116
Daniel J. Callaghan
City Attorney
CITY OF ROANOKE
OFFICE OF THE CITY ATTORNEY
464 MUNICIPAL BUILDING
215 CHURCH AVENUE, SW
ROANOKE, VIRGINIA 240 1 1 -15 9 5
TELEPHONE 540.853 -2431
PAX 540. 853.1221
EMAIL dryatty@roanokcra . gov
August 15, 2016
The Honorable Sherman P. Lea, Sr., Mayor
and Members of City Council
Roanoke, Virginia
Re: Proposed Agreement with Norfolk Southern Railway Company
Franklin Road Bridge Improvements
Dear Mayor Lea and Members of Council:
Background
Timothy R. Spencer
Steven J. Talevi
David L. Collins
Heather P. Ferguson
Laura M. Carini
Assistant City Attorneys
The City is proceeding with the planned improvements to the Franklin Road Bridge. A critical component
of this process includes an agreement between the City and Norfolk Southern Railway Company (NS) to
allow the City and its contractors to enter onto the NS property for this construction project. Attached to
this Letter is a copy of the proposed agreement with NS (Agreement).
The Agreement sets forth the rights of the City and its contractors to enter onto the NS property. The
Agreement also sets forth the obligations of the City with respect to insurance, compliance with applicable
laws, and the imposition of requirements on the City's contractors. Under this Agreement, each contractor
must execute a right of entry agreement with NS and provide indemnification protection for NS. The City
will not be required to provide any indemnity. The Agreement also sets forth the obligations of NS to
make certain improvements to its property. The costs that NS will incur will be reimbursed by the City.
The Agreement includes a provision with respect to the City's property rights on and over the NS property.
Specifically, Section II, 18 provides that the City will provide NS with "as- built" plans for the
improvements following completion of construction. The City and NS will enter into an agreement to
establish and confirm the City's easement rights. The City will not be obligated to pay for these property
rights, assuming that the improvements remain within the existing piers and footprint of the current
Franklin Road Bridge. The City expects that the improvements will remain within these areas.
Council action is required to authorize execution of the Agreement and the acquisition of the property
rights needed to construct, maintain, and operate the Franklin Road Bridge.
Recommended Action
Adopt the attached ordinance to authorize execution of the Agreement and the acquisition of any needed
property rights by the City.
Sincerely,
llaniel J. aghan U
City Attorney
DJC /lsc
c: Christopher P. Morrill, City Manager
R. Brian Townsend, Assistant City Manager
for Community Development
Sherman Stovall, Assistant City Manager
for Operations
Barbara Dameron, Director of Finance
Troy D. Harmon, City Auditor
Stephanie Moon Reynolds, City Clerk
Phil Schirmer, City Engineer
NS File: BR0002281
THIS AGREEMENT, dated as of the day of . 201 is made and entered into by and
between
NORFOLK SOUTHERN RAILWAY COMPANY, a Virginia corporation, whose mailing address is
Three Commercial Place, Norfolk, Virginia 23510 (hereinafter called "RAILWAY" or "NSR "); and
THE CITY OF ROANOKE, VIRGINIA, a Virginia Municipality, whose mailing address is 215 Church
Avenue, Room 350, Roanoke, Virginia 24011 (hereinafter called "LICENSEE"),
RECITALS
WHEREAS, LICENSEE, at its own cost and expense, has found it necessary to replace the existing
Franklin Road Bridge over RAILWAY (the existing and new bridge and appurtenances thereto referred to herein as
the `Facilities "), in the vicinity of RAILWAY Milepost V- 243.55, at or near Roanoke, Virginia (the `Premises"),
located substantially as shown upon print of Drawing marked Exhibit A; and
WHEREAS, RAILWAY is willing to permit LICENSEE to enter upon RAILWAY's right of way for
installation, construction, replacement, maintenance, operation and removal ofthe Facilities upon the terms and
conditions ofthis Agreement, and in accordance with the plans and specifications marked Exhibit B; and
WHEREAS, RAILWAY is willing, at LICENSEE's sole expense, to make modifications to RAILWAY's
right of way and/or appurtenances rendered necessary by LICENSEE's installation, construction, replacement,
maintenance, operation and removal of its Facilities in accordance with the force account estimate marked Exhibit
D.
NOW THEREFORE, for and in consideration of the premises and mutual covenants contained in this
Agreement, the parties agree as follows:
LICENSEE'S FACILITIES
I. Right - of- Enlry. RAILWAY, insofar as its rights and title enables it to do so and subject to its
rights to operate and maintain its RAILWAY and RAILWAY appurtenances along, in, and over its right- of-way,
grants LICENSEE, its agents and/or contractors, without compensation, the right to enter upon the Premises, for the
purpose of installation, construction, maintenance, operation and removal of the Facilities, provided that, prior to
entry upon lands of RAILWAY, any agent and/or contractor of LICENSEE must execute and deliver to RAILWAY
a standard contractor right -of -entry agreement in a form approved by RAILWAY in its sole discretion, together with
any certificate(s) of insurance required therein. Furthermore, any crossing cf RAILWAY tracks by LICENSEE or
any of its agents and /or contractors must be addressed by a standard temporary crossing agreement in a form
approved by RAILWAY in its sole discretion.
2. Use and Condition of the Premises. The Premises shall be used by LICENSEE only for the
installation, construction, maintenance, operation and removal of the Facilities and for no other purpose without the
prior written consent of RAILWAY, which consent may be withheld by RAILWAY in its sole discretion.
LICENSEE accepts the Premises in their current "as is" condition, as suited for the installation, construction,
replacement maintenance, operation and removal of the Facilities, and without the benefit of any improvements to
be constructed by RAILWAY except insofar as contemplated by Section 11 of this Agreement.
3. Construction and Maintenance of the Facilities. LICENSEE shall cause to be constructed and
maintained, the Facilities, at its expense, in such a manner as will not interfere with the operations of RAILWAY or
endanger persons or property of RAILWAY. and in accordance with (a) plans and specifications (if any) shown on
said prints) marked as Exhibit B and any other specifications prescribed by RAILWAY, (b) applicable
governmental regulations or laws, and (c) applicable specifications adopted by the American RAILWAY
Engineering and Maintenance of Way Association when not in confind with plans, specifications or regulations
mentioned in (a) and (b) above. LICENSEE and any and all of LICENSEE contractors entering the Premises shall
fully comply with applicable roadway worker protection regulations.
4. Indemnification. LICENSEE hereby agrees to require its contractor(s) to indemnify and save
harmless RAILWAY, its officers, agents and employees, from and against any and all liability, claims, losses,
damages, expenses (including attorneys' fees) or costs for personal injuries (including death) and /or property
damage to whomsoever or whatsoever occurring that arises or in any manner grows out of (a) the presence of
LICENSEE's contractor(s) and its or their employees, agents and/or sub - contractors on or about the Premises,
regardless of whether negligence on the part of RAILWAY, its officers, agents or employees caused or contributed
to said loss of lite, personal injury or property loss or damage in whole or in part (b) any allegation that RAILWAY
is an employer or joint employer of a LICENSEE or LICENSEE contractors) or is liable for related employment
benefits or tax withholdings; or (c) any decision by RAILWAY to bar or exclude LICENSEE or LICENSEE's
coutractor(s) from the Premises pursuant to the terms oflhis Agreement.
Environmental Matters.
. LICENSEE, assumes all responsibility for any environmental obligations imposed under applicable laws,
regulations or ordinances relating to the installation, operation, maintenance and/or use of the Facilities
and /or to any contamination of any property, water, air or groundwater arising or resulting from
LICENSEE's permitted operations or uses of RAILWAY'S property pursuant to this Agreement, including
conducting proper testing and disposal of disturbed media. In addition, LICENSEE shall obtain, or shall
require its contractors to obtain, any necessary permits to install operate maintain and/or use the
Facilities. LICENSEE agrees that it shall require as t a to be responsible for any and all liability,
fines, penalties, claims, demands, costs (including attorneys' fees), losses or lawsuits brought by any
person, company or governmental entity relating to contamination of any property, water, air or
groundwater due to the installation maintenance or presence ofthe Facilities including without limitation
presence ofthe facilities.
6. Insurance.
(a) Without limiting in any manner the liabilities and obligations assumed by LICENSEE
under any other provision of this Agreement, and as additional protection to RAILWAY, LICENSEE shall,
at its expense, procure and maintain with insurance companies satisfactory to RAILWAY, the following
insurance policies:
(i) A Commercial General Liability Insurance Policy having a combined single
limit of not less than $2,000,000 per occurrence for all loss, damage, cost and expense,
including attorneys' fees, arising out of bodily injury liability and property damage liability
during the policy period. Said policy shall include explosion, collapse, and underground
hasord CXCU) coverage, shall be endorsed to name RAILWAY as the certificate holder and
as an additional insured, and shall include a severabilay of interests provision; and,
(ii) An original Railroad Protective Liability Insurance Policy naming RAILWAY
as a named insured and having a combined single limit of not less than $2,000,000 each
occurrence and 56,000,000 in the aggregate applying separately to each annual period. If
the project involves track over which passenger trains operate, the insurance limits required
are not less than a combined single limit of S5,000,000 each occurrence and $10,000,000 in
the aggregate applying separately to each annual period.
-2-
(b) All insurance required under the preceding subsection (a) shall be underwritten by
insurers and be of such form and content, as maybe acceptable to RAILWAY. Prior to the commencement
of installation, conslructiou, replacement, maintenance, operation, or removal of the Facilities or any entry
on RAILWAY's property, LICENSEE shall furnish to RAILWAY's Director Risk Management, Three
Commercial Place, Norfolk, Virginia 23510 -2191 (or such other representative and/or address as
subsequently given by RAILWAY to LICENSEE in writing), for approval, the original policy described in
subsection (a)(ii) and a certificate of insurance evidencing the existence of a policy with the coverage
described in subsection (a)(i).
7. Railway Support. RAILWAY shall, at RAILWAY's option, furnish, at the sole expense of
LICENSEE, labor and materials necessary, in RAILWAY's sole judgment, to support its tracks and to protect its
traffic (including, without limitation, Flagging) during the installation, construction, replacement, maintenance,
repair, renewal or removal ofthe Facilities.
8. Special Provisions for Protection of Railway Interests. In connection with the installation,
construction, operation, maintenance and removal of the Facilities, it is agreed that the safety of people and the
safety and continuity of RAILWAY's rail operations shall be of first importance. LICENSEE shall require its
employees, agents, contractors, and invitees to utilize and comply with RAILWAY's directives in this regard and
shall require its contractor(s) to comply with all NSR Special Provisions, attached hereto, and herein incorporated by
reference, including any future amendments, as Exhibit C. As used in the NSR Special Provisions, LICENSEE is
the "contractor" in the event LICENSEE enters onto the Premises to perform any work contemplated by this
Agreement other than periodic inspections when LICENSEE's contractor(s) is/are present. LICENSEE hereby
agrees that it will not be entering the Premises for any purpose other than the periodic inspections addressed herein.
To ensure such compliance, LICENSEE shall assign a project manager to function as a single point -of- contact for
LICENSEE. Said project manager is referred to as the "Sponsor's Engineer" in Exhibit C.
9. Safety of RAJway Operations. If RAILWAY becomes aware of any safety violations committed
by LICENSEE, its employees, agents and/or contractors, RAILWAY shall so notify LICENSEE, and LICENSEE
shall promptly correct such violation. In the event of an emergency threatening immediate danger to persons or
property, RAILWAY may lake corrective actions and shall notify LICENSEE promptly thereafter. LICENSEE
shall reimburse RAILWAY for actual costs incurred in taking such emergency measures. RAILWAY assumes no
additional responsibility for safety on the Premises for LICENSEE, its agents/or contractors by taking these
corrective actions, and LICENSEE, its agents /contractors shall retain full responsibility for such safely violations.
10. Corrective Measures. If LICENSEE fails to take any corrective measures requested by
RAILWAY in a Gmely manner, or d an emergency situation is presented which, in RAILWAY's judgment, requires
immediate repairs to the Facilities, RAILWAY, at LICENSEE's expense, may undertake such corrective measures
or repairs as it deems necessary or desirable.
11. Railway Changes, If RAILWAY shall make any changes, alterations or additions to the line.
grade, tracks, structures, roadbed, installations, right- of-way or works of RAILW AY, or to the character, height or
alignment of the RAILWAY's track or other railroad facilities, including without limitation communication and
signal systems, at or near the Facilities, LICENSEE shall, upon thirty (30) days prior written notice from
RAILWAY and at its sole expense, make such changes in the location and character of the Facilities as, in the
opinion of the chief engineering officer of RAILWAY, shall be necessary or appropriate to accommodate any
construction, improvements, alterations, changes or additions of RAILWAY.
11 Assumption of Risk. Unless caused solely by the negligence of RAILWAY or caused solely by
rise willful misconduct of RAILWAY, LICENSEE hereby assumes all risk of damage to the facilities and
LICENSEE's other property relating to its use and occupation of the Premises or business carried on the Premises
and any defects to the Premises; and LICENSEE hereby declares and states that RAILWAY, its officers, directors,
agents and employees shall not be responsible for any liability for such damage.
13. Liens Taxes. LICENSEE will not permit any mechanic's liens or other liens to be placed upon
the Premises, and nothing in this Agreement shall be construed as constituting the consent or request of RAILWAY,
-3-
express or implied, to any person for the performance of any labor or the furnishing of any materials to the Premises,
nor as giving LICENSEE any right, power or authority to contract for or permit the rendering of any services or the
furnishing of any materials that could give rise to any mechanics liens or other liens against the Premises. In
addition, LICENSEE shall be liable for all taxes levied or assessed against the Facilities and any other equipment or
other property placed by LICENSEE within the Premises. In the event that any such lien shall attach to the Premises
or LICENSEE shall fail to pay such taxes, then, in addition to any other right or remedy available to RAILWAY,
RAILWAY may, but shall not be obligated to, discharge the same. Any amount paid by RAILWAY for any of the
aforesaid purposes, together with related court costs, attorneys' fees, fines and penalties, shall be paid by LICENSEE
to RAILWAY within ten (10) days after RAILWAY's demand therefor.
14. Default. Remedies
(a) She following events shall be deemed to be events of default by LICENSEE under this
Agreement.
G) LICENSEE shall fail to pay any sum of money due hereunder and such failure
shall continue for a period often (10) days after the due date thereof, or
(ii) LICENSEE shall fail to comply with any provision of this Agreement not
requiring the payment of money, all of which terms, provisions and covenants shall be deemed
material, and such failure shall continue for a period ofthirty (30) days after written notice of such
default is delivered to LICENSEE.
(b) Upon the occurrence of any event or events of default by LICENSEE, whether
enumerated in this paragraph 15 or not, RAILWAY shall have the option to pursue any remedies available
to it at law or in equity without any additional notices to LICENSEE. RAILWAY's remedies shall include,
but not be limited to, the following: (i) termination of this Agreement, in which event LICENSEE shall
immediately surrender the Premises to RAILWAY; (ii) entry into or upon the Premises to do whatever
LICENSEE is obligated to do under the terms of this License, in which event LICENSEE shall reimburse
RAILWAY on demand for any expenses which RAILWAY may incur in effecting compliance with
LICENSEE's obligations under this License, but without rendering RAILWAY liable for any damages
resulting to LICENSEE or the Facilities from such action; and (iii) pursuit of all other remedies available to
RAILWAY at law or in equity, including, without limitation, injunctive rcliefofall varieties.
15. Ra'Iwav Ie n'nafion Right Notwithstanding anything to the contrary in this Agreement,
RAILWAY shall have the right to terminate this Agreement and the rights granted hereunder, after delivering to
LICENSEE written notice of such termination no less than sixty (60) days prior to the effective date thereof, upon
the occurrence of any one or more of the following events,
(a) If LICENSEE shall discontinue the use or operations ofthe Facilities; or
(b) If RAILWAY shall be required by any governmental authority having jurisdiction over
the Premises to remove, relocate, reconstruct or discontinue operation of its railroad on or about the
Premises; or
(c) If RAILWAY, in the good faith judgment of its Superintendent, shall require a change in
the location or elevation of its railroad on or about the location of the Facilities or the Premises that might
effectively prohibit the use or operation ofthc Facilities; or
(d) If RAILWAY, in the good faith judgment of its Superintendent, determines that the
maintenance or use of the Facilities unduly interferes with the operation and maintenance of the facilities of
RAILWAY, or with the present or future use of such property by RAILWAY, its lessees, affiliates,
successors or assigns, for their respective purposes,
-4-
16, Condemnation. If the Premises or any portion thereof shall betaken or condemned in whole or in
part for public purposes, or sold in lieu of condemnation, then this Agreement and the rights granted to LICENSEE
hereunder shall, at the sole option of RAILWAY, forthwith cease and terminate. All compensation awarded for any
taking (or sale proceeds in lieu thereof) shall be the property of RAILWAY, and LICENSEE shall have no claim
thereto, the same being hereby expressly waived by LICENSEE.
IT Removal of Facilities, Survival. The Facilities are and shall remain the personal property of
LICENSEE. Upon the termination of this Agreement, LICENSEE shall remove the Facilities from the Premises
within thirty (30) days after the effective date thereof. In performing such removal, unless otherwise directed by
RAILWAY, LICENSEE shall restore the Premises to the same condition as existed prior to the installation or
placement of Facilities, reasonable wear and tear excepted. In the event LICENSEE shall fail to so remove the
Facilities or restore the Premises, the Facilities shall be deemed to have been abandoned by LICENSEE, and the
same shall become the property of RAILWAY for RAILWAY to use, remove, destroy or otherwise dispose ofat its
discretion and without responsibility for accounting to LICENSEE therefor; provided, however, in the event
RAILWAY elects to remove the Facilities, RAILWAY, in addition to any other legal remedy it may have, shall
have the right to recover from LICENSEE all costs incurred in connection with such removal and the restoration of
the Premises. Notwithstanding anything to the contrary contained in this Agreement, the termination of this
Agreement shall not relieve LICENSEE from LICENSEE's obligations accruing prior to the termination date, and
such obligations shall survive any such termination ofthis Agreement.
18. Interests in Real Prori
RAILWAY, insofar as it has the legal right so to do, shall permit LICENSEE to enter upon lands owned or
operated by RAILWAY to construct and occupy its property with sufficient width to permit construction and
maintenance of the Facilities. RAILWAY Porther acknowledges, agrees, and confirms that LICENSEE holds
sufficient interests in real property for LICENSEE to maintain and operate the existing bridge and appurtenances on
and over the Premises within the areas depicted on Exhibit A attached hereto and made a part hereof, and, pursuant
to such rights and interests of LICENSEE, LICENSEE has sufficient property interests in the Premises to construct,
repair, replace, maintain, and operate the Facilities on and over the Premises in the locations depicted in the plans
and specifications set forth in Exhibit B attached hereto and made a part hereof. Upon completion of construction of
the Facilities, LICENSEE and RAILWAY will execute a conveyance of permanent casement rights to construct,
maintain. operate, and repair the Facilities that will confirm the rights and interests of LICENSEE in the Premises
and confirm the location of these interests. LICENSEE will furnish the plans, descriptions, and instrument for such
conveyance and confirmation at LICENSEE'S sole cost and expense. RAILWAY shall not be entitled to, and
LICENSEE shall not be obligated to make, any payment in connection with the execution, delivery, and recording
of this conveyance, provided that the location of the bridge and appurtenances, as constructed pursuant to this
Agreement, remain within the existing piers for the bridge and appurtenances presently located on the property of
RAILWAY In the event that LICENSEE requires additional property rights for (i) the Facilities; or (ii) any future
modifications, repairs, or replacement of the Facilities, LICENSEE shall be obligated to pay for such additional
easement rights on and over the Premises based upon the fair market value ofsuch additional easement rights and
the damage to the residue, furry, as such value RAILWAY and LICENSEE shall mutually agree.
IL SCOPE OF RAILROAD PROJECT, AND MAINTENANCE AND OWNERSHIP OF PROJECT
IMPROVEMENTS
-5-
I. Scope of Work. The scope of the work by RAILWAY shall include any necessary acquisition of
right-of-way, permitting, design, construction, and construction- related activities including, but not limited to,
inspection, flagging, and superintendence, within and along RAILWAY property necessary to facilitate
LICENSEE's installation, construction, maintenance, operation and removal of Facilities ( "Railroad Project").
2. Conshuciou ofthe Railroad Pro'ec , The RAILWAY shall construct the Railroad Project in
accordance with the force account estimate, attached as Exhibit D and herein incorporated by reference, including
any future amendments thereto, and all applicable slate and federal laws
(a) All work performed by the RAILWAY related to the Railroad Project and consistent with
the force account estimate will be deemed reimbursable project expenses, and shall be at no cost to the
RAILWAY
(b) RAILWAY shall accomplish work on the Railroad Project by the following: (i) railroad
force account, (if) existing continuing contracts at reasonable costs; (iii) contracting with the lowest
responsible bidder based on appropriate solicitation; or (iv) contract without competitive bidding for minor
work at reasonable costs.
3. Maintenance and Ownership of the Railroad Pro cc[. Upon completion of the Railroad Project,
the RAILWAY shall on and, at its own cost and expense, maintain the Railroad Project improvements until such
time as RAILWAY deems such maintenance to no longer be necessary.
4. Construction of the Railroad Project. Execution of this Agreement constitutes LICENSEE's
issuance of a notice to proceed to RAILWAY with the Railroad Project ( "Notice to Proceed "). RAILWAY shall
make commercially reasonable efforts to commenec construction on the Railroad Project as soon as possible, in
RAIL WAY's sole discretion, after the date favailability for RAILWAY to commence its construction activities on
the Railroad Project.
Reimbursement by LICENSEE.
(a) RAILWAY shall furnish, or cause to be furnished, at the expense of the LICENSEE all
the labor costs, overhead and indircct construction costs, materials and supplies, contracted services,
transportation, equipment, and other related costs and items required to perform and complete the Railroad
Project. In addition, RAILWAY shall furnish, at the expense of LICENSEE., the protection of rail tragic
occasioned by or made necessary by entry by LICENSEE and /or its contractors or any subcontractor(s)
pursuant to this Agreement.
(b) Except as otherwise provided in this Agreement, LICENSEE shall reimburse the
RAILWAY for the actual cost of the work performed by it, which is estimated to be One Million Four
Thousand One Hundred Fifty -Three Dollars and Zero Cents ($1,004,153.00). It is agreed that
progress payments will be made by LICENSEE to the RAILWAY for the total amount of work done as
shown on monthly statements. LICENSEE shall pay each RAILWAY statement within forty-five (45)
days of receipt. Upon receipt of the final bill, RAILWAY shall be reimbursed in such amounts as are
proper and eligible for final payment, and the RAILWAY Project shall be submitted to LICENSEE for
final audit.
(c) Incurred Costs. the reimbursement amounts for all costs billed under this Agreement
shall be subject to the applicable Federal principles and based on the full actual costs plus Approved Labor
Additives. Design costs incurred by RAILWAY prior to issuance of the Notice to Proceed shall be
reimbursed by LICENSEE.
HE GENERAL PROVISIONS
3
I. Assignment and Successors. This Agreement shall be binding upon and shall inure to the benefit
of, and shall be enforceable by, the parties hereto and their respective permitted successors and assigns.
2. Limitations Upon Damages. Notwithstanding any other provision ofthis Agreement, RAILWAY
shall not be liable for breach of this Agreement or under this Agreement for any consequential, incidental,
exemplary, punitive, special, business damages or lost profits, as well as any claims for death, personal injury, and
property loss and damage which occurs by reason of, or arises out of, or is incidental to the interruption in or usage
of the Facilities placed upon or about the Premises by LICENSEE, including without limitation any damages under
such claims that might be considered consequential, incidental, exemplary, punitive, special, business damages or
loss profits.
Miscellaneous. All exhibits, attachments, rides and addenda referred to in this Agreement are
incorporated into this Agreement and made a part hereof for all intents and purposes. Time is ofthe essence with
regard to each provision ofthis Agreement. This Agreement shall be construed and interpreted in accordance with
and governed by the laws of the Slate in which the Premises are located. Each covenant of RAILWAY and
LICENSEE under this Agreement is independent of each other covenant under this Agreement. No default in
performance of any covenant by a party shall excuse the other party from the performance of any other covenant.
4. Notice to Parties. Whenever any notice, statement or other communication is required under this
Agreement, it shall be sent to the contact below except as otherwise provided in this Agreement or unless otherwise
specifically advised.
As to LICENSEE:
City of Roanoke, Virginia
Noel C. Taylor Municipal Building
215 Church Avenue S.W.
Roanoke, Virginia 74011
Attention: Roanoke City Engineer
As to RAILWAY:
c/o Norfolk Southern Corporation
1200 Peachtree Street, N.E.
Atlanta, Georgia 30309-3504
Attention, Public Projects Engineer
Either party may, by notice in writing, direct that future notices or demands be sent to a different address. All
notices hereunder shall be deemed given upon receipt (or, if rejected, upon rejection),
5. Severabilitv. The invalidity ofany section, subsection, clause or provision ofthis Agreement shall
not affect the validity of th , remaining sections, subsections, clauses or provisions ofthis contract.
6. No Third Party Benef curry. This Agreement shall be for the benefit of the parties only, and no
person, firm or corporation shall acquire my rights whatsoever by virtue ofthis Agreement except LICENSEE and
the RAILWAY and their successors and assigns.
7. Force Maieure. The parties agree to pursue the completion of the Railroad Project in accordance
with the requirements ofthis Agreement. No party shall be held responsible to the other for delays caused by Force
Majeure events, and such delays shall not be deemed a breach or default under this Agreement. In no event shall
Force Majeure events excuse LICENSEE from its obligation to make payment to RAILWAY in accordance with
this Agreement Further the parties agree that the resolution or settlement ofstrikes or other labor disputes shall not
be deemed to be within the control or reasonable control of the affected party. If any party is unable to complete
7
work assigned to it due to a condition of Force Majeure or other conditions beyond the reasonable control of said
party, then said party will diligently pursue completion of the item that is delayed once said condition or conditions
are no longer in effect. For purposes of this Agreement, Force Majeme events are defined as circumstances beyond
a party's reasonable control that delay performance and may include, but are not limited to, acts of God, actions or
decrees of governmental bodies (beyond control of the parties), acts of the public enemy, labor disputes, fires,
insurrections, and Floods.
8. AmendmenP Entire Agreement This Agreement may be amended only in writing executed by
authorized representatives of the parties hereto. No verbal change, modification, or amendment shall be effective
unless in writing and signed by authorized representatives of the panics. The provisions hereof constitute the entire
Agreement between the parties and supersede any verbal statement, representations, cur warranties, stated or implied.
Intentionally Omitted
10. Independent Contractors. The parties agree that LICENSEE and its agents and/or contractors,
shall not be deemed either agents or independent contractors of RAILWAY. Except as otherwise provided by this
Agreement, RAILWAY shall exercise no control whatsoever over Ore employment, discharge, compensation of, or
services rendered by LICENSEE or its contractors. Notwithstanding the foregoing, this paragraph shall in no way
affect the absolute authority of RAILWAY to temporarily prohibit LICENSEE, its agents and/or contractors, or
persons not associated with LICENSEE from entering RAILWAY properly, or to require the removal of any person
from RAILWAY property, if RAILWAY determines, in its sole discretion, that such person is not acting in a safe
manner or that actual or potential hazards in, on, or about the Railroad Project Work exist.
It. Meaning of "Railwav ". The word "RAILWAY" as used herein shall include any other company
whose property at the aforesaid location may be leased or operated by RAILWAY. Said term also shall include
RAILWAY's officers, directors, agents and employees, and any parent company, subsidiary or affiliate of
RAILWAY and their respective officers, directors, agents and employees.
11 Approval of Plans. By its review and approval, if any, of the plans marked as Exhibit B,
RAILWAY signifies only that the plans and improvements to be constructed in accordance with the plans satisfy the
RAILWAY s requirements. RAILWAY expressly disclaims all other representations and warranties in connection
with said plans, including, but not limited lo, the integrity, suitability or fitness for the purposes ofthe LICENSEE or
any other persou(s) of the plans or improvements constructed in accordance with the plans.
IN WITNESS WHEROF, the parties have, through duly authorized representatives, entered into this Agreement
effective the day and year first written above,
CITY OF ROANOKE, VIRGINIA, NORFOLK SOUTHERN RAILWAY
COMPANY, a Virginia corporation
By
By. _
Name:
Name:
Title'
Title:
Date:
Dare:
NS File: BR0002281 Approved as to form:
Roanoke City Attorney
-8-
PROJECT LOCATION MAP
OFFICE OF THE CITY ENGINEER
215 CHURCH AVENUE, SW
ROOM 350
ROANOKE, VIRGINIA 24011 -1587
PHONE. (540) 853 -2731 FA%. (540) 853 -1364
ENGINEER @ROANOKEVA. GOV
CONSULTING ENGINEERS
PROJECT NAME
AECOM
10 SOUTH JEFFERSON STREET
FRANKLIN ROAD BRIDGE REPLACMENT
SUITE 1600
OVER N S. RAILWAY
ROANOKE, VIRGINIA 24011
PHONE'. (540) 857 -3100
STRUCTURE 1817
CITY OF ROANOKE, VIRGINIA
CITY PROJECT NUMBER: 6787
VDOT PROJECT NUMBER: 0220- 128 -R341 UPC 104248
NCS FILE: 117 -19156 (BR0002281) R.R.M. P. V -24355 (VIRGINIA)
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AECOM P779 NO
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FINAL PLANS FOR
NORFOLK SOUTHERN
RAILWAVRENFW
14AUG. 2015
APPROVED FOR CONSTRUCTION
ADVERTISED DATE:
SET NUMBER.
SHEET NUMBER'. G -001
EXHIBIT B
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DEVELOPED SECTION ALONG CONSTR.
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FRANKLIN ROAD
BRIDGE REPLAUEMENT
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FINAL PLANS FOR
NORFOLK SOUTHERN
RAILWAY REVIEW
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PRELIMINARY PLANS
NOTFOR
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15 OCT _2D15-
ITE 55
EXHIBIT C
Norfolk Southern
NORFO[l( ERN
E. Norfolk Southern — Special Provisions for Protection of Railway Interests
1. AUTHORITY OF RAILROAD ENGINEER AND SPONSOR ENGINEER.
Norfolk Southern Railway Company, hereinafter referred to as "Railroad ", and their authorized
representative shall have final authority in all matters affecting the safe maintenance of railroad
traffic including the adequacy of the foundations and structures supporting the railroad tracks. For
Public Projects impacting the Railroad, the Railroad's Public Projects Engineer, hereinafter referred to as
"Railroad Engineer ", will serve as the authorized representative of the Railroad.
The authorized representative of the Project Sponsor ("Sponsor"), hereinafter referred to as the
"Sponsor's Engineer ", shall have authority over all other matters as prescribed herein and in the
Project Specifications.
The Sponsor's Prime Contractor, hereinafter referred to as "Contractor" shall be responsible for
completing any and all work in accordance with the terms prescribed herein and in the Project
Specifications, These terms and conditions are subject to change without notice, from time to time in the
sole discretion of the Railroad. Contractor must request from Railroad and follow the latest version of
these provisions prior to commencing work.
2. NOTICE OF STARTING WORK:
A. The Contractor shall not commence any work on railroad rights -of -way until he has complied
with the following conditions:
1, Signed and received a fully executed copy of the required Norfolk Southern Contractor
Right of Entry Agreement.
2. Given the Railroad written notice in electronic format to the Railroad Engineer, with
copy to the Sponsor's Engineer who has been designated to be in charge of the work, at
least ten days in advance of the date he proposes to begin work on Railroad rights -of-
way.
3. Obtained written approval from the Railroad of Railroad Protective Liability Insurance
coverage as required by paragraph 14 herein. It should be noted that the Railroad
does not accept notation of Railroad Protective insurance on a certificate of
liability insurance form or Binders as Railroad must have the full original
countersigned policy. Further, please note that mere receipt of the policy is not
the only issue but review for compliance. Due to the number of projects system-
wide, it typically takes a minimum of 30 -45 days for the Railroad to review.
4. Obtained Railroad's Flagging Services as required by paragraph 7 herein.
5. Obtained written authorization from the Railroad to begin work on Railroad's
rights-of -way, such authorization to Include an outline of specific conditions with
which he must comply.
6. Furnished a schedule for all work within the Railroad's rights -of -way as required by
paragraph 7.B.1.
Norfolk Southent - Special Provisions for Protection of Railway Interests
May 1, 2016
EXHIBIT C
Norfolk Southern
NORFO[I( 3Or/>f /ERN'
B. The Railroad's written authorization to proceed with the work shall include the names,
addresses, and telephone numbers of the Railroad's representatives who are to be
notified as hereinafter required. Where more than one representative is designated, the area
of responsibility of each representative shall be specified.
3. INTERFERENCE WITH RAILROAD OPERATIONS:
A. The Contractor shall so arrange and conduct his work that there will be no interference with
Railroad's operations, including train, signal, telephone and telegraphic services, or damage to
the property of the Railroad orto poles, wires, and other facilities of tenants on the rights -
of -way of the Railroad. Whenever work is liable to affect the operations or safety of
trains, the method of doing such work shall first be submitted to the Railroad Engineer for
approval, but such approval shall not relieve the Contractor from liability. Any work to be
performed by the Contractor which requires flagging service or inspection service shall be
deferred by the Contractor until the flagging service or inspection service required by the
Railroad is available at the job site.
B. Whenever work within Railroad's rights -of -way is of such a nature that impediment to
Railroad's operations such as use of runaround tracks or necessity for reduced speed is
unavoidable, the Contractor shall schedule and conduct his operations so that such
impediment is reduced to the absolute minimum.
C. Should conditions arising from, or in connection with the work, require that immediate and
unusual provisions be made to protect operations and property of the Railroad, the
Contractor shall make such provisions. If in the judgment of the Railroad Engineer, or in
his absence, the Railroad's Division Engineer, such provisions is insufficient, either may
require or provide such provisions as he deems necessary. In any event, such unusual provisions
shall be at the Contractor's expense and without cost to the Railroad or the Sponsor.
"One Call" Services do not locate buried Railroad utilities. The contractor shall contact the
Railroad's representative 2 days in advance of work at those places where excavation, pile
driving, or heavy loads may damage the Railroad's underground facilities. Upon request from the
Contractor or Sponsor, Railroad forces will locate and paint mark or Flag the Railroad's
underground facilities. The Contractor shall avoid excavation or other disturbances of these
facilities. If disturbance or excavation is required near a buried Railroad facility, the contractor
shall coordinate with the Railroad to have the facility potholed manually with careful hand
excavation. The facility shall be protected by the Contractor during the course of the disturbance
under the supervision and direction of the Railroad's representative.
4. TRACK CLEARANCES:
A. The minimum track clearances to be maintained by the Contractor during construction are
shown on the Project Plans. If temporary clearances are not shown on the project plans, the
following criteria shall govern the use of falsework and formwork above or adjacent to operated
tracks.
1. A minimum vertical clearance of 22' -C above top of highest rail shall be maintained at
all times.
2. A minimum horizontal clearance of 13' -0" from centerline of tangent track or 14' -0"
from centerline of curved track shall be maintained at all times. Additional horizontal
Norfolk Southern - Special Provisions for Protection of Railway Interests
May 1, 2016
EXHIBIT C
Norfolk Southern Railway Company NORF SO ERN'
clearance may be required in special cases to be safe for operating conditions. This
additional clearance will be as determined by the Railroad Engineer.
3. All proposed temporary clearances which are less than those listed above must be
submitted to Railroad Engineer for approval prior to construction and must also be
authorized by the regulatory body of the State if less than the legally prescribed
clearances.
4, The temporary clearance requirements noted above shall also apply to all other physical
obstructions including, but not limited to stockpiled materials, parked equipment,
placement or driving of piles, and bracing or other construction supports.
B. Before undertaking any work within Railroad right -of -way, and before placing any
obstruction over any track, the Contractor shall-
1. Notify the Railroad's representative at least 72 hours in advance of the work.
2. Receive assurance from the Railroad's representative that arrangements
have been made for flagging service as may be necessary.
3. Receive permission from the Railroad's representative to proceed with the work.
4. Ascertain that the Sponsor's Engineer has received copies of notice to the Railroad and
of the Railroad's response thereto.
5. CONSTRUCTION PROCEDURES:
A. General.
1. Construction work and operations by the Contractor on Railroad property shall be:
a. Subject to the inspection and approval of the Railroad Engineer or their
designated Construction Engineering Representative.
E. In accordance with the Railroad's written outline of specific conditions.
C. In accordance with the Railroad's general rules, regulations and
requirements including those relating to safety, fall protection and personal
protective equipment.
d. In accordance with these Special Provisions.
2. Submittal Requirements
a. The Contractor shall submit all construction related correspondence and
submittals electronically to the Railroad Engineer.
b. The Contractor shall allow for 30 days forthe Railroad's review and response.
c. All work In the vicinity of the Railroad's property that has the potential to affect
the Railroad's train operations or disturb the Railroad's Property must be
submitted and approved by the Railroad prior to work being performed.
Norfolk Southern - Special Provisions for Protection of Railway Interests
May 1, 2016
EXHIBIT C
Norfolk Southern
NOHFO[R 80UJNEFN"
d. All submittals and calculations must be signed and sealed by a registered
engineer licensed in the state of the project work.
e. All submittals shall first be approved by the Sponsor's Engineer and the
Railroad Engineer, but such approval shall not relieve the Contractor from
liability.
I, For all construction projects, the following submittals, but not limited to those
listed below, shall be provided for review and approval when applicable:
(1) General Means and Methods
(2) Ballast Protection
(3) Construction Excavation & Shoring
(4) Pipe, Culvert, & Tunnel Installations
(5) Demolition Procedure
(6) Erection & Hoisting Procedure
(7) Debris Shielding or Containment
(8) Blasting
(9) Formwork for the bridge deck, diaphragms, overhang brackets, and
protective platforms
(10) Bent Cap Falsework. A lift plan will be required if the contractor want
to move the falsework over the tracks.
g. For Undergrade Bridges (Bridges carrying the Railroad) the following submittals
in addition to those listed above shall be provided for review and approval.
(1) Shop Drawings
(2) Bearing Shop Drawings and Material Certifications
(3) Concrete Mix Design
(4) Structural Steel, Rebar, and /or Strand Certifications
(5) 28 day Cylinder Test for Concrete Strength
(6) Waterproofing Material Certification
(7) Test Reports for Fracture Critical Members
(8) Foundation Construction Reports
Fabrication may not begin until the Railroad has approved the required shop
drawings.
The Contractor shall include in all submissions a detailed narrative indicating
the progression of work with the anticipated timeframe to complete each task.
Work will not be permitted to commence until the Contractor has provided the
Railroad with a satisfactory plan that the project will be undertaken without
scheduling, performance or safety related issues. Submission shall also provide
a listing of the anticipated equipment to be used, the location of all equipment
to be used and insure a contingency plan of action is in place should a primary
piece of equipment malfunction,
B. Ballast Protection
1. The Contractor shall submit the proposed ballast protection system detailing the specific
filter fabric and anchorage system to be used during all construction activities.
Norfolk Southern - Special Provisions for Protection of Railway Interests
May 1, 2016
EXHIBIT C
Norfolk Southern Railwa
2. The ballast protection is to extend 25' beyond the proposed limit of work, be installed at
the start of the project and be continuously maintained to prevent all contaminants
from entering the ballast section of all tracks for the entire duration of the project.
C. Excavation.
1. The subgrade of an operated track shall be maintained with edge of berm at least 10' -0,
from centerline of track and not more than 24- inches below top of rail. Contractor will
not be required to make existing section meet this specification if substandard,
in which case existing section will be maintained.
2. Additionally, the Railroad will require the installation of an OSHA approved handrail and
orange construction safety fencing for all excavations of the Railroad right -of -way.
D. Excavation for Structures and Shoring Protection.
1. The Contractor will be required to take special precaution and care in connection
with excavating and shoring pits, and in driving piles or sheeting for footings adjacent
to tracks to provide adequate lateral support for the tracks and the loads which
they carry, without disturbance of track alignment and surface, and to avoid
obstructing track clearances with working equipment, tools or other material.
2. All plans and calculations for shoring shall be prepared, signed, and sealed by a
Registered Professional Engineer licensed in the state of the proposed project, in
accordance with Norfolk Southern's Overhead Grade Separation Design Criteria,
subsection H.1.6.E- Construction Excavation (Refer to Norfolk Southern Public Projects
Manual Appendix H). The Registered Professional Engineer will be responsible for the
accuracy for all controlling dimensions as well as the selection of soil design values
which will accurately reflect the actual held conditions.
3. The Contractor shall provide a detailed installation and removal plan ofthe shoring
components. Any component that will be installed via the use of a crane or any other
lifting device shall be subject to the guidelines outlined in section 5.G of these
provisions.
4. The Contractor shall be required to survey the track(s) and Railroad embankment and
provide a cross section of the proposed excavation in relation to the tracks.
5. Calculations for the proposed shoring should include deflection calculations. The
maximum deflection for excavations within 18' -0" of the centerline of the nearest track
shall be 3/8 ". For all other cases, the max deflection shall not exceed Y,".
6. Additionally, the Railroad will require the installation of an OSHA approved handrail and
orange construction safety fencing for all excavations of the Railroad right -of -way.
Z The front face of shoring located to the closest NS track for all shoring set -ups located
in Zone 2 as shown on NS Typical Drawing No. 4— Shoring Requirements (Appendix I)
shall remain in place and be cut off 2' -0" below the final ground elevation, The
remaining shoring in Zone 2 and all shoring in Zone 1 may be removed and all voids
must be backfilled with flowable fill.
Norfolk Southern - Special Provisions for Protection of Railway Interests
May 1, 2016
EXHIBIT C
Norfolk Southern Railway Company NORFO s
E. Pipe, Culvert, & Tunnel Installations
1. Pipe, Culvert, & Tunnel Installations shall be in accordance with the appropriate Norfolk
Southern Design Specification as noted below:
a. For Open Cut Method refer to Norfolk Southern Public Projects Manual
Appendix 11.4.6.
b. For Jack and Bore Method refer to Norfolk Southern Public Projects Manual
Appendix H.4].
c For Tunneling Method refer to Norfolk Southern Public Projects Manual
Appendix H.4.8.
2. The installation methods provided are for pipes carrying storm water or open flow run-
off. All other closed pipeline systems shall be installed in accordance Norfolk Southern's
Pipe and Wire Program and the NSCE -8
F. Demolition Procedures
1. General
a. Demolition plans are required for all spans over the track(s), for all spans
adjacent to the track(s), if located on (or partially on) Railroad right -of -way; and
in all situations where cranes will be situated on, over, or adjacent to Railroad
right -of -way and within a distance of the boom length plus 15' -0" from the
centerline of track.
It. Railroad tracks and other Railroad property must be protected from damage
during the procedure.
c A pre - demolition meeting shall be conducted with the Sponsor, the Railroad
Engineer or their representative, and the key Contractor's personnel prior to
the start of the demolition procedure.
d, The Railroad Engineer or his designated representative must be present at
the site during the entire demolition procedure period.
e. Existing, obsolete, bridge piers shall be removed to a sufficient depth below
grade to enable restoration of the existing /proposed track ditch, but in no case
less than 2' -0" below final grade.
2. Submittal Requirements
a. In addition to the submittal requirements outlined in Section 5.A.2 of these
provisions, the Contractor shall submit the following for approval by the
Railroad Engineer:
(1) A plan showing the location ofcranes, horizontallyand vertically,
operating radii, with delivery or disposal locations shown. The
location of all tracks and other Railroad facilities as well as all
obstructions such as wire lines, poles, adjacent structures, etc. must
also be shown.
Norfolk Southern - Special Provisions for Protection of Railway Interests
May 1, 2016
EXHIBIT C
Norfolk Southern
NORFOLI( 8OVIFIEFN"
(2) Rating sheets showing cranes or lifting devices to be adequate for
150% of the actual weight of the pick, ins l using al l rigging
components. A complete set of crane charts, including crane,
counterweight, and boom nomenclature is to be submitted. Safety
factors that may have been "built -in" to the crane charts are not to be
considered when determining the 150% factor of safety.
(3) Plans and computations showing the weight of the pick must be
submitted. Calculations shall be made from plans of the existing
structure showing complete and sufficient details with supporting
data for the demolition the structure. If plans do not exist, lifting
weights must be calculated from field measurements. The field
measurements are to be made under the supervision of the
Registered Professional Engineer submitting the procedure and
calculations.
(4) The Contractor shall provide a sketch of all rigging components from
the crane's hook block to the beam. Catalog cuts or information
sheets of all rigging components with their lifting capacities shall be
provided. All rigging must be adequate for 150% of the actual weight
of the pick. Safety factors that may have been "built -in" to the rating
charts are not to be considered when determining the 150% factor of
safety. All rigging components shall be clearly identified and tagged
with their rated lifting capacities. The position of the rigging in the
field shall not differ from what is shown on the final plan without prior
review from the Sponsor and the Railroad.
(5) A complete demolition procedure, including the order of lifts, time
required for each lift, and any repositioning or re- hitching of the crane
or cranes.
(6) Design and supporting calculations for the temporary support of
components, including but not limited to the stability of the
superstructure during the temporary condition, temporary girder tie -
downs and falsework.
3. Overhead Demolition Debris Shield
a. The demolition debris shield shall be installed prior to the demolition of the
bridge deck or other relevant portions of the superstructure over the track area
to catch all falling debris.
o The demolition debris shield shall provide a minimum vertical clearance as
specified in Section 4.A.1 of these provisions or maintain the existing vertical
clearance if the existing clearance is less than that specified in Section 4.A.1.
c The Contractor shall include the demolition debris shield installation /removal
means and methods as part of the proposed Demolition procedure submission.
d. The Contractor shall submit the demolition debris shield design and supporting
calculations for approval by the Railroad Engineer.
Norfolk Southern - Special Provisions for Protection of Railway Interests
May 1, 2016
EXHIBIT C
^1 - _A
Norfolk Southern Railway Company xoeroua soorr/ewry
e.
The demolition debris shield shall have a minimum design load of 50 pounds
per square foot plus the weight of the equipment, debris, personnel, and other
loads to be carried.
f.
The Contractor shall include the proposed bridge deck removal procedure in
its demolition means and methods and shall verify that the size and quantity of
the demolition debris generated by the procedure does not exceed the shield
design loads.
g.
The Contractor shall clean the demolition debris shield daily or more
frequently as dictated either by the approved design parameters or as directed
by the Railroad Engineer.
4. Vertical
Demolition Debris Shield
a.
A vertical demolition debris shield may be required for substructure removals
in close proximity to the Railroad's track and other facilities, as determined by
the Railroad Engineer.
G. Erection & Hoisting
Procedures
1. General
a,
Erection plans are required for all spans over the track(s), for all spans adjacent
to the track(s), if located on (or partially on) Railroad right -of -way; and in all
situations where cranes will be situated on, over, or adjacent to Railroad right -
of -way and within a distance of the boom length plus 15' -0" from the
centerline of track.
b.
Railroad tracks and other Railroad property must be protected from damage
during the erection procedure.
c.
A pre- erection meeting shall be conducted with the Sponsor, the Railroad
Engineer or their representative, and the key Contractor's personnel prior to
the start of the erection procedure.
&
The Railroad Engineer or his designated representative must be present at
the site during the entire erection procedure period.
e. For field splices located over Railroad property, a minimum of 50% of the holes
for each connection shall be filled with bolts or pins prior to releasing the
crane. A minimum of 50% of the holes filled shall be filled with bolts. All bolts
must be appropriately tightened. Any changes to previously approved field
splice locations must be submitted to the Railroad for review and approval.
Refer to Norfolk Southern's Overhead Grade Separation Design Criteria for
additional splice details (Norfolk Southern Public Projects Manual Appendix
H.1, Section 4.A.3.).
Norfolk Southern - Special Provisions for Protection of Railway Interests
May 1, 2016
EXHIBIT C
Norfolk Southern Railway Company nosrvur sotmrrsrv'
2. Submittal Requirements
a. In addition the submittal requirements outlined in Section 5.A.2 of these
provisions, the Contractor shall submit the following for approval by the
Railroad Engineer.
(1) As -built beam seat elevations All as -built bridge seats and top of rail
elevations shall be furnished to the Railroad Engineer for review and
verification at least 30 days in advance of the erection, to ensure that
minimum vertical clearances as approved in the plans will be achieved.
(2) A plan showing the location of cranes, horizontally and vertically,
operating radii, with delivery or staging locations shown. The location
of all tracks and other Railroad facilities as well as all obstructions such
as wire lines, poles, adjacent structures, etc. must also be shown.
(3) Rating sheets showing cranes or lifting devices to be adequate for
150% of the actual weight of the pick, including all rigging
components. A complete set of crane charts, including crane,
counterweight, and boom nomenclature is to be submitted, Safety
factors that may have been "built -in" to the crane charts are not to be
considered when determining the 150% factor of safety.
(4) Plans and computations showing the weight of the pick must be
submitted. Calculations shall be made from plans of the
proposed structure showing complete and sufficient detailswith
supporting data for the erection of the structure. Ifplans do not
exist, lifting weights must be calculated from field measurements.
The field measurements are to be made under thesupervision of
the Registered Professional Engineer submitting the procedure and
calculations.
(5) The Contractor shall provide asketch ofall rigging components from
the crane's hook blockto the beam. Catalog cuts or information
sheets of all rigging components with their lifting capacities shall be
provided. All rigging must be adequate for 150% of the actual weight
of the pick. Safety factors that may have been "built -in" to the rating
charts are not to be considered when determining the 150% factor of
safety All rigging components shall be clearly identified and tagged
with their rated lifting capacities. The position of the rigging in the
field shall not differ from what is shown on the final plan without prior
review from the Sponsor and the Railroad.
(6) A complete erection procedure, including the order of lifts, time
required for each lift, and any repositioning or re- hitching of the crane
or cranes.
(7) Design and supporting calculations for the temporary support of
components, including but not limited to temporary girder tie -downs
and falsework.
Norfolk Southern - Special Provisions for Protection of Railway Interests
May 1, 2016
EXHIBIT C
Norfolk Southern
H. Blasting:
NORF04( Si
1, The Contractor shall obtain advance approval of the Railroad Engineer and the
Sponsor Engineer for use of explosives on or adjacent to Railroad property. The
request for permission to use explosives shall include a detailed blasting plan. If
permission for use of explosives is granted, the Contractor will be required to
comply with the following:
a. Blasting shall be done with light charges under the direct supervision of a
responsible officer or employee of the Contractor and a licensed blaster.
b. Electric detonating fuses shall not be used because of the possibility of
premature explosions resulting from operation of two -way radios.
c. No blasting shall be done without the presence of the Railroad Engineer or his
authorized representative. At least 72 hours advance notice to the person
designated in the Railroad's notice of authorization to proceed (see
paragraph 2.B) will be required to arrange for the presence of an authorized
Railroad representative and such flagging as the Railroad may require.
d. Have at the job site adequate equipment, labor and materials and allow
sufficient time to clean up debris resulting from the blasting without delay to
trains, as well as correcting at his expense any track misalignment or other
damage to Railroad property resulting from the blasting as directed by
the Railway's authorized representative. If his actions result indelay of
trains, the Contractor shall bear the entire costthereof.
e. The blasting Contractor shall have a copy of the approved blasting plan on hand
while on the site
I. Explosive materials or loaded holes shall not be left unattended at the blast
site.
g. A seismograph shall be placed on the track shoulder adjacent to each blast
which will govern the peak particle velocity of two inches per second.
Measurement shall also be taken on the ground adjacent to structures as
designated by a qualified and independent blasting consultant. The Railroad
reserves the option to direct the placement of additional seismographs at
structures or other locations of concern, without regard to scaled distance.
It, After each blast, the blasting Contractor shall provide a copy oftheir drill log
and blast report, which includes number of holes, depth of holes, number of
decks, type and pounds of explosives used per deck.
I. The Railroad may require top of rail elevations and track centers taken before,
during and after the blasting and excavation operation to check for any track
misalignment resulting from the Contractor's activities.
Norfolk Southern - Special Provisions for Protection of Railway Interests
May 1, 2016
Norfolk Southern Railway Company HORF s
2. The Railroad representative will:
a, Determine approximate location of trains and advise the Contractor the
appropriate amount of time available for the blasting operation and clean
up.
b. Have the authority to order discontinuance of blasting if, in his opinion, blasting
is too hazardous or is not in accord with these special provisions.
3. The Contractor must hire, at no expense to the Railroad, a qualified and independent
blasting consultant to oversee the use of explosives. The blasting consultant will:
a, Review the Contractor's proposed drilling and loading patterns, and with the
blasting consultant's personnel and instruments, monitor the blasting
operations.
b. Confirm that the minimum amounts of explosives are used to remove the rock.
c. Be empowered to intercede if he concludes that the Contractor's blasting
operations are endangering the Railway.
of Submit a letter acknowledging that he has been engaged to oversee the entire
blasting operation and that he approves ofthe blasting plan.
e. Furnish copies of all vibration readings to the Railroad representative
immediately after each blast. The representative will sign and date the
seismograph tapes after each shot to verify the readings are for that specific
shot.
E Advise the Railroad representative as to the safety of the operation and notify
him of any modifications to the blasting operation as the work progresses.
4. The request for permission to use explosives on the Railroad's Right -of -Way shall
include a blasting proposal providing the following details:
following details:
a. A drawing which shows the proposed blasting area, location of nearest hole
and distance to Railway structures, all with reference to the centerline of track.
b. Hole diameter.
c. Hole spacing and pattern.
J. Maximum depth of hole,
e. Maximum number of decks per hole.
f. Maximum pounds of explosives per hole.
g. Maximum pounds of explosives per delay.
h. Maximum number of holes per detonation,
Norfolk Southern - Special Provisions for Protection of Railway Interests
May 1, 2016
EXHIBIT C
Norfolk Southern Railwa
i. Type of detonator and explosives to be used. (Electronic detonating devices
will not be permitted). Diameter of explosives if different from hole diameter.
j. Approximate dates and time of day when the explosives are to be detonated,
k. Type of flyrock protection,
I. Type and patterns of audible warning and all clear signals to be used before
and after each blast.
m. A copy of the blasting license and qualifications of the person directly in charge
of the blasting operation, including their name, address and telephone number.
n. A copy of the Authority's permit granting permission to blast on the site
o. A letter from the blasting consultant acknowledging that he has been engaged
to oversee the entire blasting operation and that he approves of the blasting
plan.
o In addition to the insurance requirements outlined in Paragraph 14 of these
Provisions, A certificate of insurance from the Contractor's insurer stating the
amount of coverage for XCU (Explosive Collapse and Underground Hazard)
insurance and that XCU Insurance is in force for this project.
q. A copy of the borings and Geotechnical information or report.
I. Track Monitoring
1. At the direction of the Railroad Engineer, any activity that has the potential to disturb
the Railroad track structure may require the Contractor to submit a detailed track
monitoring program for approval by the Railroad Engineer.
2. The program shall specify the survey locations, the distance between the location
points, and frequency of monitoring before, during, and after construction. Railroad
reserves the right to modify the survey locations and monitoring frequency as necessary
during the project.
3. The survey data shall be collected in accordance with the approved frequency and
immediately furnished to the Railroad Engineer for analysis.
4. If any movement has occurred as determined by the Railroad Engineer, the Railroad will
be immediately notified. Railroad, at its sole discretion, shall have the right to
immediately require all Contractor operations to be ceased and determine what
corrective action is required. Any corrective action required by the Railroad or
performed by the Railroad including the monitoring of corrective action of the
Contractor will be at project expense.
J. Maintenance of Railroad Facilities:
1. The Contractor will be required to maintain all ditches and drainage structures free of
silt or other obstructions which may result from his operations and provide and
maintain any erosion control measures as required. The Contractor will promptly
Norfolk Southern - Special Provisions for Protection of Railway Interests
May 1, 2016
EXHIBIT C
Norfolk Southern Railway Company xonrout sormaean'
repair eroded areas within Railroad rights -of -way and repair any other damage to the
property of the Railroad or its tenants.
2. If, in the course of construction, it may be necessary to block a ditch, pipe or other
drainage facility, temporary pipes, ditches or other drainage facilities shall be installed
to maintain adequate drainage, as approved by the Railroad Engineer. Upon completion
of the work, the temporary facilities shall be removed and the permanent facilities
restored.
3. All such maintenance and repair of damages due to the Contractor's operations shall be
done at the Contractor's expense.
K. Storage of Materials and Equipment:
1. Materials and equipment shall not be stored where they will interfere with
Railroad operations, nor on the rights -of -way of the Railroad without first having
obtained permission from the Railroad Engineer, and such permission will be with
the understanding that the Railroad will not be liable for damage to such material and
equipment from any cause and that the Railroad Engineer may move or require the
Contractor to move, at the Contractor's expense, such material and equipment.
2. All grading or construction machinery that is left parked near the track
unattended by a watchman shall be effectively immobilized so that it cannot be moved
by unauthorized persons. The Contractor shall protect, defend, indemnify and
save Railroad, and any associated, controlled or affiliated corporation, harmless
from and against all losses, costs, expenses, claim or liability for loss or damage to
property or the loss of life or personal injury, arising out of or incident to the
Contractor's failure to Immobilize grading or construction machinery.
L Cleanup:
1. Upon completion of the work, the Contractor shall remove from within the limits of the
Railroad rights -of -way, all machinery, equipment, surplus materials, falsework, rubbish
or temporary buildings of the Contractor, and leave said rights -of -way in a neat
condition satisfactory to the Railroad Engineer or his authorized representative.
6. DAMAGES'.
A. The Contractor shall assume all liability for any and all damages to his work, employees, servants,
equipment and materials caused by Railroad traffic,
I Any cost incurred by the Railroad for repairing damages to its property or to property of its
tenants, caused by or resulting from the operations of the Contractor, shall be paid directly
to the Railroad by the Contractor.
7, FLAGGING SERVICES:
A. Requirements:
1. Flagging services will not be provided until the Contractor's insurance has been
reviewed & approved by the Railroad.
Norfolk Southern - Special Provisions for Protection of Railway Interests
Mav 1, 2016
EXHIBIT C
Norfolk Southern Railway Company naacozx sormrrarv'
Under the terms of the agreement between the Sponsor and the Railroad, the Railroad
has sole authority to determine the need for flagging required to protect its operations.
In general, the requirements of such services will be whenever the Contractor's
personnel or equipment are or are likely to be, working on the Railroad's right -of-
way, or across, over, adjacent to, or under a track, or when such work has
disturbed or is likely to disturb a Railroad structure or the Railroad roadbed or
surface and alignment of any track to such extent that the movement of trains
must be controlled by flagging.
3. Normally, the Railroad will assign one flagman to a project; but in some cases,
more than one may be necessary, such as yard limits where three (3) flagmen may be
required. However, if the Contractor works within distances that violate
instructions given by the Railroad's authorized representative or performs work
that has not been scheduled with the Railroad's authorized representative, a
flagman or flagmen may be required full time until the project has been completed.
4. For Projects exceeding 30 days of construct ion, Contractor shall provide the flagmana
small work area with a desk /counter and chair within the field /site trailer, including the
use of bathroom facilities, where the flagman can check in /out with the Project, as well
as to the flagman's home terminal. The work area should provide access to two (2)
electrical outlets for recharging radio(s), and a laptop computer; and have the ability to
print off needed documentation and orders as needed at the field /site trailer. This
should aid in maximizing the flagman's time and efficiency on the Project.
B. Scheduling and Notification.
1. The Contractors work requiring Railroad flagging should be scheduled to limit the
presence of a flagman at the site to a maximum of 50 hours per week. The
Contractor shall receive Railroad approval of work schedules requiring a flagman's
presence in excess of 40 hours per week.
2. Not later than the time that approval is initially requested to begin work on
Railroad right -of -way, Contractor shall furnish to the Railroad and the Sponsor a
schedule for all work required to complete the portion of the project within Railroad
right -of -way and arrange for a job site meeting between the Contractor, the
Sponsor, and the Railroad's authorized representative. Flagman or Flagmen may not be
provided until the job site meeting has been conducted and the Contractor's work
scheduled.
The Contractor will be required to give the Railroad representative at least 10 working
days of advance written notice of intent to begin work within Railroad right -of-
way in accordance with this special provision. Once begun, when such work is
then suspended at anytime, or for any reason, the Contractor will be required to
give the Railroad representative at least 3 working days of advance notice before
resuming work on Railroad right -of -way. Such notices shall include sufficient details
of the proposed work to enable the Railroad representative to determine if flagging will
be required. If such notice is in writing, the Contractor shall furnish the Engineer a
copy; if notice is given verbally, it shall be confirmed in writing with copy to the
Engineer. If flagging is required, no work shall be undertaken until the flagman, or
flagmen are present at the job site. It may take up to 30 days to obtain flagging
initially from the Railroad. when flagging begins, the flagman is usually assigned
by the Railroad to work at the project site on a continual basis until no longer
Norfolk Southern - Special Provisions for Protection of Railway Interests
May 1, 2016
EXHIBIT IC
Norfolk Southern Railwav Corcl NONfO[l[ s
needed and cannot be called for on a spot basis. If flagging becomes unnecessary
and is suspended, it may take up to 30 days to again obtain from the Railroad.
Due to Railroad labor agreements, it is necessary to give 5 working days notice before
flagging service may be discontinued and responsibility for payment stopped.
4, If, after the flagman is assigned to the project site, an emergency arises that
requires the flagman's presence elsewhere, then the Contractor shall delay work on
Railroad right -of -way until such time as the Flagman is again available. Any additional
costs resulting from such delay shall be borne by the Contractor and not the Sponsor or
Railroad.
C, Payment
1. The Sponsor will be responsible for paying the Railroad directly for a ny and all costs of
flagging which may be required to accomplish the construction.
2. The estimated cost of flagging is the current rate per day based on a 10 -hour work day.
This cost includes the base pay for the flagman, overhead, and includes a per diem
charge for travel expenses, meals and lodging, The charge to the Sponsor by the
Railroad will be the actual cost based on the rate of pay for the Railroad's employees
who are available for flagging service at the time the service is required.
3. Work by a flagman in excess of 8 hours per day or 40 hours per week, but not more than
12 hours a day will result in overtime pay at 1 and 1/2 times the appropriate rate.
Work by a flagman in excess of 12 hours per day will result in overtime at 2 times
the appropriate rate. If work is performed on a holiday, the flagging rate is 2 and 1/2
times the normal rate.
4. Railroad work involved in preparing and handling bills will also be charged to the
Sponsor. Charges to the Sponsor by the Railroad shall be in accordance with
applicable provisions of Subchapter B, Part 140, Subpart I and Subchapter G, Part
646, Subpart B of the Federal -Aid Policy Guide issued by the Federal Highway
Administration on December 9, 1991, including all current amendments. Flagging
costs are subject to change. The above estimates of flagging costs are provided for
information only and are not binding in any way.
D. Verification'.
1. Railroad's flagman will electronically enter flagging time via Railroad's electronic
billing system. Any complaints concerning flagging must be resolved in a timely
manner. Iftheneed forflagging isquestioned, please contact the Railroad Engineer.
All verbal complaints will be confirmed in writing by the Contractor within
working days with a copy to the Sponsor's Engineer. Address all written
correspondence electronically to Railroad Engineer.
2. The Railroad flagman assigned to the project will be responsible for notifying the
Sponsor Engineer upon arrival at the job site on the first day (or as soon thereafter as
possible) that flagging services begin and on the last day that he performs such services
for each separate period that services are provided. The Sponsor's Engineer will
document such notification in the project records. When requested, the Sponsor's
Engineer will also sign the flagman's diary showing daily time spent and activity at the
project site.
Norfolk Southern - Special Provisions for Protection of Railway Interests
May 1, 2016
EXHIBIT C
Norfolk Southern Railway Company xoarouc so✓n+enn'
8. HAUL ACROSS RAILROAD TRACK.
A. where the plans show or imply that materials of any nature must be hauled across Railroad's
track, unless the plans clearly show that the Sponsor has included arrangements for such
haul in its agreement with the Railroad, the Contractor will be required to make all necessary
arrangements with the Railroad regarding means of transporting such materials across
the Railroad's track. The Contractor or Sponsor will be required to bear all costs incidental to
such crossings whether services are performed by his own forces or by Railroad personnel.
B. No crossing may be established for use of the Contractor for transporting materials or
equipment across the tracks of the Railroad unless specific authority for its installation,
maintenance, necessary watching and flagging thereof and removal, until a temporary private
crossing agreement has been executed between the Contractor and Railroad. The approval
process for an agreement normally takes 90 days.
9. WORK FOR THE BENEFIT OF THE CONTRACTOR.
A. All temporary or permanent changes in wire lines or other facilities which are considered
necessary to the project are shown on the plans; included in the force account agreement
between the Sponsor and the Railroad or will be covered by appropriate revisions to same
which will be initiated and approved by the Sponsor and /or the Railroad.
B. Should the Contractor desire any changes in addition to the above, then he shall make separate
arrangements with the Railroad for same to be accomplished at the Contractor's expense.
10. COOPERATION AND DELAYS'.
A. It shall be the Contractors responsibility to arrange a schedule with the Railroad for
accomplishing stage construction involving work by the Railroad or tenants of the
Railroad. In arranging his schedule he shall ascertain, from the Railroad, the lead time
required for assembling crews and materials and shall make due allowance therefore.
B. No charge or claim of the Contractor against either the Sponsor or the Railroad will be allowed
for hindrance or delay on account of railroad traffic; any work done by the Railroad or
other delay incident to or necessary for safe maintenance of railroad traffic or for any
delays due to compliance with these special provisions.
11. TRAINMAN'S WALKWAYS:
Along the outer side of each exterior track of multiple operated track, and on each side of single
operated track, an unobstructed continuous space suitable for trainman's use in walking
along trains, extending to aline not less than 10 feet from centerline of track, shall be
maintained. Any temporary impediments to walkways and track drainage encroachments or
obstructions allowed during work hours while Railroad's protective service is provided shall
be removed before the close of each work day. If there is any excavation near the
walkway, a handrail, with 10' -0" minimum clearance from centerline oftrack, shall be placed
and must conform to AREMA and /or FRA standards.
12. GUIDELINES FOR PERSONNEL ON RAILROAD RIGHT -OF -WAY.
Norfolk Southern - Special Provisions for Protection of Railway Interests
May 1, 2016
EXHIBIT C
Norfolk Southern
NOFFO[K SOU/HEFN'
A. The Contractor and /or the Sponsor's personnel authorized to perform work on Railroad's
property as specified in Section 2 above are not required to complete Norfolk Southern Roadway
Worker Protection Training; However the Contractor and the Sponsor's personnel must be
familiar with Norfolk Southern's standard operating rules and guidelines, should conduct
themselves accordingly, and may be removed from the property for failure to follow these
guidelines.
B. All persons shall wear hard hats. Appropriate eye and hearing protection must be used.
Working in shorts is prohibited. Shirts must cover shoulders, back and abdomen. Working in
tennis or jogging shoes, sandals, boots with high heels, cowboy and other slip -on type boots is
prohibited. Hard sole, lace -up footwear, zippered boots or boots cinched up with straps
which fit snugly about the ankle are adequate. Wearing of safety boots is strongly
recommended. In the vicinity of at -grade crossings, it is strongly recommended that
reflective vests be worn.
C. No one is allowed within 25' of the centerline of track without specific authorization from
the flagman.
D. All persons working near track while train is passing are to lookout for dragging bands,
chains and protruding or shifted cargo.
E. No one is allowed to cross tracks without specific authorization from the Flagman.
F. All welders and cutting torches working within 25' of track must stop when train is passing,
G. No steel tape or chain will be allowed to cross or touch rails without permission from the
Railroad.
13. GUIDELINES FOR EQUIPMENTON RAILROAD RIGHT -OF -WAY:
A. No crane or boom equipmentwill be allowed to set up to work or parkwithin boom distance
plus 15' of centerline of track without specific permission from Railroad official and flagman.
B. No crane or boom equipmentwill be allowed to foul track or lift a load over the trackwithout
flag protection and track time.
C. All employees will stay with theirmachines when crane or boom equipmentls pointed toward
track.
D. All cranes and boom equipment under load will stop work while train is passing (including
pile driving).
E, Swinging loads must be secured to prevent movement while train is passing.
F No loads will be suspended above a moving train.
G. No equipment will be allowed within 25' of centerline of track without specific
authorization of the flagman.
H. Trucks, tractors or any equipment will not touch ballast line without specific permission from
Railroad official and flagman. Orange construction fencing may be required as directed.
Norfolk Southern - Special Provisions for Protection of Railway Interests
May 1, 2016
EXHIBIT C
Norfolk Southern
NORFO[/( 80UlHERN
1. No equipment or load movement within 25' or above a standing train or Railroad
equipment without specific authorization of the flagman.
1. All operating equipment within 25' of track must halt operations when a train is passing.
All other operating equipment may be halted by theflagman if the flagman views the
operation to be dangerous to the passing train.
K. All equipment, loads and cables are prohibited from touching rails.
L While clearing and grubbing, no vegetation will be removed from Railroad embankment
with heavy equipment without specific permission from the Railroad Engineer and flagman.
M. No equipment or materials will be parked or stored on Railroad's property unless specific
authorization isgranted from the Railroad Engineer.
N. All unattended equipmentthat is left parked on Railroad property shall be effectively
immobilized so that it cannot be moved by unauthorized persons.
0. All cranes and boom equipment will be turned away from track after each work day or whenever
unattended by an operator.
P. Priorto performing any crane operat ions, the Contractor shall establish a single point ofcontact
for the Railroad flagman to remain in communication with at all times, Person must also be in
direct contact with the individuals) directing the crane operation(s).
14. INSURANCE:
A. In addition to any other forms of insurance or bonds required under the terms of the contract
and specifications, the Prime Contractor will be required to carry insurance of the following kinds
and amounts.
1. a. Commercial General Liability Insurance having a combined single limit of not
less than $2,000,000 per occurrence for all loss, damage, cost and expense, including
attorneys' fees, arising out of bodily injury liability and property damage liability during
the policy period. Said policy shall include explosion, collapse, and underground hazard
(XCU) coverage, shall be endorsed to name Railroad specified in item A.2.c. below both
as the certificate holder and as an additional insured, and shall include a severability of
interests provision.
Is Automobile Liability Insurance with a combined single limit of not less than
$1,000,000 each occurrence for injury to or death of persons and damage to or loss or
destruction of property. Said policy or policies shall be endorsed to name Railroad
specified in item A.2, below both as the certificate holder and as an additional insured
and shall include a severability of interests provision.
2. Railroad Protective Liability Insurance having a combined single limit of not less than
$2,000,000 each occurrence and $6,000,000 in the aggregate applying separately to
each annual period. If the project involves track over which passenger trains operate,
the insurance limits required are not less than a combined single limit of $5,000,000
each occurrence and $10,000,000 in the aggregate applying separately to each annual
period. Said policy shall provide coverage for all loss, damage or expense arising from
Norfolk Southern - Special Provisions for Protection of Railway Interests
May 1, 2016
EXHIBIT C
Norfolk Southern
NORFOLK 8Or/rF/ERN'
bodily injury and property damage liability, and physical damage to property attributed
to acts or omissions at the job site.
The standards for the Railroad Protective Liability Insurance areas follows'.
a. The insurer must be rated A- or better by A.M. Best Railroad, Inc.
NOTE NS does not a, pt irom insurers 0 ic(AIG Or Affiliated Company
Tdoding ceaingron Insurance Coinpanyj, Hudson Group of L,k ty or
Affiliated Company.
E. The policy must be written using one of the following combinations of
Insurance Services Office ( "ISO ") Railroad Protective Liability Insurance Form
Numbers'.
(1) CG 00 35 0196 and CG 28311093; or
(2) CG 00 35 07 98 and CG 28310798; or
(3) CG 00 35 10 01; or
(4) CG 00351204; or
(5) CG 00351207; or
(6) CG 00 35 O4 13.
c. The named insured shall read:
(AS named in the Project Agreement with Project Sponsor)
Three Commercial Place
Norfolk, Virginia 23510 -2191
Attn: S. W. Dickerson Risk Management
(NOT[ Rdlhoa doe,not�hvre c overaFe on RRPL with any other entity on
this Policy)
d. The description of operations must appear on the Declarations, must match the
project description in this agreement, and must include the appropriate
Sponsor project and contract identification numbers.
e. The job location must appear on the Declarations and must include the city,
state, and appropriate highway name /number. NOTE: Do not include any
refer....., to .... OSt, valuation station, or mile m,,keron the Insurance
poky.
f. The name and address of the prime Contractor must appear on the
Declarations.
g. The name and address of the Sponsor must be identified on the Declarations as
the "Involved Governmental Authority or Other Contracting Party."
h. Endorsements /forms that rea rebuired are
(1) Physical Damage to Property Amendment
(2) Terrorism Risk Insurance Act(TRIA) coverage must be included
Norfolk Southern - Special Provisions for Protection of Railway Interests
May 1, 2016
EXHIBIT C
Norfolk Southern
NORFOGl 3OUTHFFN'
r Other endorsements /forms that wi II be accepted are
(1) Broad Form Nuclear Exclusion —Form IL 0021
(2) 30 -day Advance Notice of Non - renewal or cancellation
(3) Required State Cancellation Endorsement
(4) Quick Reference or Index Form CL /IL 240
j. Endorsement s /forms that are NOT acceptable are
(I) Any Pollution Exclusion Endorsement except CG 28 31
(2) Any Punitive or Exemplary Damages Exclusion
(3) Known injury or Damage Exclusion form CG 0059
(4) Any Common Policy Conditions form
(5) An Endorsement that limits or excludes Professional Liability coverage
(6) A Non- Cumulation of Liability or Pyramiding of Limits Endorsement
(7) An Endorsement that excludes TRIA Coverage
(8) A Sole Agent Endorsement
(9) Any type of deductible endorsement or amendment
(10) Any other endorsement /form not specifically authorized in item no 2.h
above.
B. If any part of the work is sublet, similar insurance, and evidence thereof as specified in A.1 above,
shall be provided by or on behalf of the subcontractor to cover its operations on Railroad's right
of way.
All insurance required under the preceding subsection A shall be underwritten by insurers and be
of such form and content, as may be acceptable to the Company. Prior to entry on Railroad
right -of -way, the original Railroad Protective Liability Insurance Policy shall be submitted by the
Prime Contractor to the Department at the address below for its review and transmittal to the
Railroad. In addition, certificates of insurance evidencing the Prime Contractor's and any
subcontractors' Commercial General Liability Insurance shall be issued to the Railroad and the
Department at the addresses below, and forwarded to the Department for its review and
transmittal to the Railroad. The certificates of insurance shall state that the insurance coverage
will not be suspended, voided, canceled, or reduced in coverage or limits without (30) days
advance written notice to Railroad and the Department. No work will be permitted by Railroad
on its right -of -way until it has reviewed and approved the evidence of insurance required herein.
SPONSOR: RAILROAD:
Risk Management
Norfolk Southern Railway Company
Three Commercial Place
Norfolk, Virginia 23510 -2191
D. The insurance required herein shall in no way serve to limit the liability of Sponsor or its
Contractors under the terms of this agreement.
E. Insurance Submission Procedures
Norfolk Southern - Special Provisions for Protection of Railway Interests
May 1, 2016
EXHIBIT C
Norfolk Southern
NORFO[X 80(/rNEFN
1. Railroad will only accept i nit ial in surance submissions via US Mai l or Overnight carrier to
the address noted in C above. Railroad will NOT accept initial insurance submissions via
email c r faxes. Please provide point of contact information with the submission
including a phone number and email address.
2. Railroad requires the following two (2) forms of insurance in the initial insurance
submission to be submitted under a cover letter providing details of the project and
contact information:
a. The full original or certified true countersigned copy of the railroad protective
liability insurance policy in its entirely inclusive of all declarations, schedule of
forms and endorsements along with the policy forms and endorsements.
b. The Contractor's commercial general, automobile, and workers'
compensation liability insurance certificate of liability insurance
evidencing a combined single limit of a minimum of $2M per occurrence
of general and $1M per occurrence of automobile liability insurance
naming Norfolk Southern Railway Company, Three Commercial Place,
Norfolk, VA 23510 as the certificate holder and as an additional insured
on both the general and automobile liability insurance policy.
3. It should be noted thatthe Railroad does not accept notation of Railroad
Protective insurance on a certificate of liability insuranceform or Binders as
Railroad must have the full original countersigned policy. Further, please note that
mere receipt of the policy is not the only issue but review for compliance. Due to
the number of projects system -wide, it typically takes a minimum of 30 -45 days for the
Railroad to review.
15. FAILURETOCOMPLY'.
A. In the event the Contractor violates or fails to comply with any of the requirements of these
Special Provisions:
1. The Railroad Engineer may require that the Contractor vacate Railroad property.
2. The Sponsor's Engineer may withhold all monies due the Contractor on monthly
statements.
B. Any such orders shall remain in effect until the Contractor has remedied the situation to the
satisfaction of the Railroad Engineer and the Sponsor's Engineer.
16. PAYMENT FOR COST OF COMPLIANCE.
A. No separate payment will be made for any extra cost incurred on account ofcompliance
with these special provisions. All such costs shall be included in prices bid for other items of the
work as specified in the payment items.
17, PROJECT INFORMATION
A.
Date.
B.
NS File No
C.
NS Milepost:
D.
Sponsor's Project No.:
August 8, 2016
BR0002281
V- 243.55
Norfolk Southern - Special Provisions for Protection of Railway Interests
May 1, 2016
EXHIBIT C
CONTRACTOR WORKING ON BEHALF OF PROJECT SPONSOR
COSTS REIMBURSED BY PROJECT SPONSOR
NS FILE. BR0002281
NORFOLK SOUTHERN
CONTRACTOR RIGHT OF ENTRY AGREEMENT
WHEREAS, ("Principal ") has requested that Norfolk Southern
Railway Company ( "Company ") permit Principal to be on or about Company's premises and /or facilities at
or in the vicinity of Company Milepost V- 243.55, at or near Roanoke, Virginia (the "Premises ") for the sole
purpose of replacing the existing Franklin Road Overhead Bridge, on behalf of the City of Roanoke (the
"Project Sponsor ") during the period , 20, to , 20_ (the
"Right of Entry').
WHEREAS, Company is willing to grant the Right of Entry subject to the terms and conditions set forth
herein.
NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, the
parties hereby agree as follows.
Company hereby grants Principal the Right of Entry. The Right of Entry shall extend to Principal and to
subcontractors and other entities affiliated with Principal who are specifically approved for entry by
authorized representatives of Company in writing, as well as to the officers and employees of the
foregoing (collectively "Licensees "). The Right of Entry shall apply to those portions of the Premises, and
to such equipment, machinery, rolling stock and other personal property and fixtures belonging to
Company or otherwise located on the Premises, only to the extent specifically designated and approved
in writing by authorized representatives of Company (collectively, "Designated Property")
Principal agrees.
(i) that Licensees' access to the Premises shall be limited to the Designated Property and
that Principal shall be liable and fully responsible for all actions of Licensees while on the
Premises pursuant to the Right of Entry;
(ii) that Licensees shall (a) be subject to Company's direction when upon the Premises, and
(b) be subject to Company's removal from the Premises, in Company's sole discretion,
due to negligence, misconduct, unsafe actions, breach of this agreement or the failure to
act respectfully, responsibly, professionally, and /or in a manner consistent with
Company's desire to minimize risk and maintain its property with maximum security and
minimum distractions or disruptions or for any other lawful reason;
(iii) that Licensees shall perform all work with such care, diligence and cooperation with
Company personnel as to reasonably avoid accidents, damage or harm to persons or
property and delays or interference with the operations of any Company's facilities and in
accordance with Company's "Special Provisions for Protection of Railway Interest ",
attached and incorporated herein.
(iv) to give Company's officer signing this agreement, or his or her authorized representative,
advance notification of the presence of Licensees on Designated Property in accordance
with Company's "Special Provisions for Protection of Railway Interest";
(v) to indemnify and save harmless Company, its officers, agents and employees from and
against any and all claims, demands, losses, suits, judgments, costs, expenses (including
without limitation reasonable attorney's fees) and liability resulting from (a) injury to or
death of any person, including without limitation the Licensees, and damage to or loss of
any property, including without limitation that belonging to or in the custody of Licensees
(the "Licensee Property'), arising or in any manner growing out of the presence of either
the Licensees or the Licensee Property, or both, on or about the Premises, regardless of
EXHIBIT C
whether negligence on the part of Company, its officers, agents or employees caused or
contributed to said loss of life, personal injury or property loss or damage in whole or in
part; (b) any alleged violation of any law, statute, code, ordinance or regulation of the
United States or of any state, county or municipal government (including, without
limitation, those relating to air, water, noise, solid waste and other forms of environmental
protection, contamination or pollution or to discrimination on any basis) that results in
whole or in part, directly or indirectly, from the activities of Licensees related in any way
to their presence on the Premises or from any other act or omission of Licensees
contributing to such violation, regardless of whether such activities, acts or omissions are
intentional or negligent, and regardless of any specification by Company without actual
knowledge that it might violate any such law, statute, code, ordinance or regulation; (c)
any allegation that Company is an employer orjoint employer of a Licensee or is liable for
related employment benefits or tax withholdings; or (d) any decision by Company to bar
or exclude a Licensee from the Premises pursuant to subsection (ii)(b) above;
(vi) to have and keep in effect the appropriate kinds of insurance as listed in the Company's
"Special Provisions for Protection of Railway Interest, with insurance companies
satisfactory to Company, during the entire time Licensees or Licensee Property, or both,
is on the Premises: and to provide certificates of insurance showing the foregoing
coverage, as well as any endorsements or other proper documentation showing and any
change or cancellations in the coverage to the Company officer signing this agreement or
to his or her authorized representative;
(vii) to reimburse Company for any costs not covered under the existing project agreement
between the Company and the Project Sponsor, including any material, labor,
supervisory and protective costs (including flagging) and related taxes and overhead
expenses required or deemed necessary by Company because of the presence of either
Licensees or Licensee Property on the Premises;
(viii) to exercise special rare and precautions to protect the Premises and equipment,
machinery stock and other personal property and fixtures belonging to Company
or otherwise located on the Premises (whether or not constituting Designated Property)
and to avoid interference with Company's operations,
(ix) to not create and not allow drainage conditions which would be adverse to the Premises
or any surrounding areas,
(x) to refrain from the disposal or release of any trash, waste, and hazardous, dangerous or
toxic waste, materials or substances on or adjacent to the Premises and to clean up or to
pay Company for the cleanup of any such released trash, waste, materials or
substances; and
(xi) to restore the Premises and surrounding areas to its original condition or to a condition
satisfactory to the Company officer signing this agreement or to his or her authorized
representative (ordinary wear and tear to rolling stock and equipment excepted) upon
termination of Licensees' presence on the Premises.
As a part of the consideration hereof, Principal further hereby agrees that Company shall mean not only
Norfolk Southern Railway Company but also Norfolk Southern Corporation and any and all subsidiaries
and affiliates of Norfolk Southern Railway Company or Norfolk Southern Corporation, and that all of
Principal's indemnity commitments in this agreement in favor of Company also shall extend to and
indemnify Norfolk Southern Corporation and any subsidiaries and affiliated companies of Norfolk
Southern Railway Company or Norfolk Southern Corporation and its and /or their directors, officers,
agents and employees.
EXHIBIT C
It is expressly understood that the indemnification obligations set forth herein cover claims by Principal's
employees, agents, independent contractors and other representatives, and Principal expressly waives
any defense to or immunity from such indemnification obligations and /or any subrogation rights available
under any applicable state constitutional provision, laws, rules or regulations, including, without limitation,
the workers' compensation laws of any state. Specifically, (i) in the event that all or a portion of the
Premises is located in the State of Ohio, the following provision shall be applicable: "Principal, with
respect to the indemnification provisions contained herein, hereby expressly waives any defense or
immunity granted or afforded it pursuant to Section 35, Article II of the Ohio Constitution and Section
4123.74 of the Ohio Revised Code'; and (ii) in the event that all or a portion of the Premises is located in
the Commonwealth of Pennsylvania, the following provision shall be applicable: "Principal, with respect
to the indemnification provisions contained herein, hereby expressly waives any defense or immunity
granted or afforded it pursuant to the Pennsylvania Workers' Compensation Act, 77 P.S. 481 ".
This agreement shall be governed by the internal laws of the Commonwealth of Virginia, without regard to
otherwise applicable principles of conflicts of laws. If any of the foregoing provisions is held for any
reason to be unlawful or unenforceable, the parties intend that only the specific words found to be
unlawful or unenforceable be severed and deleted from this agreement and that the balance of this
agreement remain a binding enforceable agreement to the fullest extent permitted by law.
This agreement may be amended only in a writing signed by authorized representatives of the parties.
Name of Principal
Title
NORFOLK SOUTHERN RAILWAY COMPANY
Title
Date 20_ Date 20_
EXHIBIT D
Work to be Performed By:
For the Account of:
Project Description:
Location:
Project No.:
Milepost:
File:
Date:
FORCE ACCOUNT ESTIMATE
Norfolk Southern Railway Company
City of Roanoke, VA
Franklin Rd Overhead Bridge Replacement
Roanoke, VA
0
V -24355 (Virginia)
117 -19156 / BR0002281 SAO
November 16, 2015
SUMMARY
ITEM A - Preliminary Engineering
0
ITEM B - Construction Engineering
139,029
ITEM C - Accounting
3,194
ITEM D- Flagging Services
607,330
ITEM E- Communications Changes
1 1,800
ITEM F - Signal & Electrical Changes
194,400
ITEM G - Track Work
48,400
ITEM H - T -Cubed
0
GRANDTOTAL
$ 1,004,153
ITEM A - Preliminary Engineering
(Review plans and special provisions,
prepare estimates, etc.)
Labor: 0 Hours rJ $60 / hour —
Labor Additives:
Travel Expenses:
Services by Contract Engineer:
NET TOTAL - ITEM A
0
0
0
n
EXHIBIT D
ITEM B - Construction Engineering
(Coordinate Railway construction activities,
review contractor submittals, etc.)
Labor: 60 Hours (T $60 / hour—
Labor Additives:
Travel Expenses:
Services by Contract Engineer:
NET TOTAL- ITEM B
ITEM C - Administration
Agreement Construction, Review and /or I handling:
Accounting Hours (Labor): 40 Hours Q $30 / hour—
Accounting Additives:
NET TOTAL - ITEM C
ITEM D - Flagging Services
(During construction on, over,
under, or adjacent to the track.)
3,600
2,829
2,500
130,100
$ 139,029
1,000
1,200
a ,194
Labor: Flagging Foreman
500 days (r) 390.00 per day= 195,000
(based on working 12 hours/da) )
Labor Additive.
Travel Expenses, Meals & Lodging:
500 days @ $100 /day—
Rental Vehicle 0 months a, $950/month-
ITEM E - Communicatiuns Changes
Material:
Labor:
purchase Services:
Subsistence:
Additive:
NET TOTAL - ITEM D
NET TOTAL - ITEM E
362,330
50.000
0
$ 607,330
2.000
1.900
3.000
0
4,900
S 11.800
EXHIBIT D
ITEM F - Signal & Electrical Chanties
Material:
Labor:
Purchase Services:
Other:
ITEM G - Track Work
Material:
Labor:
Additive:
Purchase Services:
ITEM H - T -CUBED
Lump Sum
108MV
152,000
42,400
0
0
NET TOTAL - ITEM F $ 194,400
(see attached summary) 32,681
(see attached summary) 7,993
(see attached summary) 5,880
(see attached summary) 1,846
NET TOTAL - ITEMG $ 48,400
1. For all groups of CONTRACT employees, the composite labor
surcharge rate used in this estimate (including insurance)
is 185.81 %. Self Insurance - Public Liability Property
Damage is estimated at 16.00 %. Work will be billed at
actual current audited rate in effect at the Hine the
services are performed.
2. For all groups of NON-CON TRACT employees, the composite
labor surcharge rate used in this estimate (including
insurance is 78.59 %. Self Insurance- Public Liability
Property Damage is estimated at 16.00 %. Work will be
billed at actual current audited rate in effect at the
time the services are performed.
3. All applicable salvave items due the Department will be
made available to it at the iobsite for its disposal.
4. The Force Account Estimate is valid for one (1) year
after the date of the estimate (I 1/16'2015). If the work is
not performed within this time frame the Railway may
revise the estimate to (I ) include work not previously
indicated as necessary and (2) reflect changes in cost
to perform the force account work.
EXHIBIT D
July t3,2015
Mr. J. N. Carter, Jr. (Attu: S. A. Overbey)
Chief Engineer - Bridges & Structures
-' Norfolk Southern Corporation
1200 Peachtree Street, NE
,.-r` Atlanta, GA 30309
Description: Roanoke, Virginia
Replacement Overhead Bridge on Franklin Road Bridge near Milepost
V- 243.55 (Virginia)
NSC File: 117 - 191561 BR0002281 SAO
Re: Construction Engineering Estimate
Dear Mr. Carter:
As requested by your office, we have made a review of the preliminary plans available for the
above captioned project and are submitting an estimate for the Preliminary Engineering.
The charges for our engineering services will be as per our approved rates noted in our
2013 -2015 Service Contract Number SCIO1591 and as shown in Attaclnnent I -A (copy
attached). The charges will be based on the actual hours needed to complete these services.
We will not incur cost beyond our proposed budget of $130,100.00 without prior approval and
authorization by Norfolk Southern Corporation and the City of Roanoke. Billing for these
services will occur on a monthly basis at the employee's classification plus any direct costs.
We appreciate the opportunity to work with Norfolk Southern Corporation on this project.
Please let me know if further information is required.
Best Regards,
Jeffrey W. Britnun, P.E.
Corporate Vice President
Enclosures
EXHIBIT D
ATTACHMENT
Constroetion Engineering Cost Estimate
For
Franklin Road Overhead Bridge, Roanoke, VA
M.P. V- 243.55(Virginia)
Activity 1: Pre - Construction Meeting
Scope of Activity: Field Weak involving: Meeting
Plan Review
'1'ffin ¢anon
Classification
Heura
Role
Labor
PnncipW
12
134.77
1,
Senior Field inspector
12
Y68.27
51,059.24
Administretive Assistant
2
$fi4.02
$128.04
S2,8o4.52
Activity 2: Review of Demolition Plan
Scope of Activity: Primarily Once Work involving:
Plan Review
Classification
Cleuifieation
Hours
Rate
Labor
nnap
1
1 4.77
2,156.32
Design Engincer
32
$78.17
52,501.44
Administrazive Assistant
4
$64.02
5256.08
$4,913.84
Activity 3: Inspection of Access Crossing
Scope of Activity: Primarily Field Work involving:
Site lnsp Lion
Inai motion
Cleedficaeion
Poor,
Rate
Labor
principal
1 .77
I,
Senior Field Inspector
80
588.27
$7,061,60
Adnistrative Assistant
mi
4
564.02
$256508
58,395.84
EXHIBIT D
Activity 4: Inspection of Demolition of Railing, Deck and Substructure Unit
Scope of Activity: Primarily Field Work inking.
Site lnspecnx,
Scope of Activity: Primarily Office Work involving:
Plan Recite&
a c anon
Classification
Hours
Rate
Labor
mmpa
I
13 .]]
I, 17.24
Senior Field Inspector pecr
120
$88.27
$10,5Y2.4U
Adminishative Assistant
4
$64.02
$256.08
$64.02
5256.08
$13,004.80
Activity 5: Installation of Temporary Shoring for Substructure Construction
Scope of Activity: Primarily Office Work involving:
Site Im,ectiun
Scope of Activity: Primarily Office Work involving:
Plan Recite&
Classification
a7
Classification
Hours
Rate
Wbor
Principal
12
134.
I, 17.24
Senoir field Inspector
120
$88.2]
510,59240
Administrative Assistant
4
$64.02
$256.08
$64.02
5256.08
$12,465.72
Activity 6: Review of Temporary Shoring for Substructure Construction
Scope of Activity: Primarily Office Work invoking:
Plan Review
Scope of Activity: Primarily Office Work involving:
Plan Recite&
least ¢anon
Claeeifieetion
Hours
Rate
Labor
rmctp
Labor
.77
,0 B.1
Seno'v Field Inspator
60
$88.27
$5,296.20
Administrative Assisant
4
$64.02
$256.08
$64.02
5256.08
56,630.44
Activity 7: Inspection
of Substructure Construction
Scope of Activity: Primarily Office Work involving:
Plan Recite&
BII 6atlon
Clusifieetion
Hours
Rate
Labor
linritipal
.77
3,234,48
Sc.i, Field Inspector
200
688.27
$17,654.00
Adminisnffiive Assistant
4
$64.02
5256.08
$21,144.56
Activity 8: Review of Girder Setting Plan
Scope of Activity: Primarily
Field Work involving:
On -site Inspection
Work involving:
Site lospontion
Classification
lore nation
Classification
Claaificetion
Hours
Rate
Labor
Principal
1
.1
2,15
Design Engineer
40
$78.17
$3,126.80
Administrative Assistant
4
$64.02
$256.08
$88.27
$2,456,92
Administrative Assistant
$5,539.20
Activity 9: Review of Overhang Falsework Plan
Senteof Activity: Primarily C)M.Workinvolving:
Plan Review
Sitelnspecticn
Work involving:
Site lospontion
Classification
Classification
Classification
Hours
Rate
Labor
nncipal
Principal
13477
.1
Design Engineer
16
$78.17
$1,250.72
Administrative Assistant
2
$64.02
$128.04
$256.08
$88.27
$2,456,92
Activity 10: Inspection of Superstructure Construction
Scope of Activity: Primarily
Field Work involving:
Sitelnspecticn
Work involving:
Site lospontion
Classification
Classification
Hours
Rate
tabor
Principal
32
134.]]
I Labor
it
Scr Field Inspector
160
$88.27
$14,123.20
Administrative Assistant
4
$64.02
$256.08
$88.27
$14,123.20
Administrative Assistant
$18,691.92
Activity 11: Daily Reports
Scope of Activity: Primarily Field
Work involving:
Site lospontion
airs xenon
Classification
Flours
Rate
I Labor
Pnnnpal
24
$134.71
4.
Senor, Field Inspector
160
$88.27
$14,123.20
Administrative Assistant
4
$64.02
$256.08
$17,613.76
EXHIBIT D
Activity 12: Final Inspection & Documentation
Scope of Activity: Primarily Field Work inmlving:
On- sirelnspcction a Final
DOCmncntation
$9.20.00
Subsistcnce
ui crhea
$4,400.00
Photo Copies
Classification
Noun
Bate
0 proas , $2.00/ print
Labor
Principal
$30.00
$134.77
Film and Photos
51,617TF
Senoir Field Inspector
12
$88.27
$20.00
$1,059.24
Administrative Assistant
2
$64.02
5128.04
$2,804.52
Direct Costs:
I rsrdap.ft—nm
40 trips x 400 miles= 16000a 0.575 /mile
$9.20.00
Subsistcnce
40 days (aI $110.00 /day
$4,400.00
Photo Copies
50 copies @$020 /ropy
$10.00
Blue Prints
0 proas , $2.00/ print
$0,00
Tcicphone and Pax
$30.00
Film and Photos
$20.00
and Postage
$20.00
—UPS
$13,680.00
Summary: Totals
Labor S 116,466.04
Direct Costs $13,680.00
Total Construction Engineering Cost= 5130,146.04
Say $130,100.00
EXHIBIT D
Subject. Roanoke, VA - Franklin Road OHB
Atlanta
6/15/2015
File No
384 -R
AFE No.
$2,000.00
Mgr Code
$200.00
RIN
15760
Dept Code
50
Function Code
5126
Jeffrey W. Brittain : File
Reference your request of 6/15/2015 concerning the above subject. The estimated cost
for Communications Department involvement is as follows.
Contract
$3,000.00
Contract Additive
$0.00
Material
$2,000.00
Material Additive
$200.00
preliminary Engineering
$0.00
Construction Engineering
$700.00
Engineering Additive
$600.00
Labor (include overhead)
$1,200.00
Labor Additive
$1,000.00
Equipment Rental
$0.00
Accounting Overhead
$3,100.00
Total
$11,800.00
The above estimate is based on existing applicable wage rates and material prices, A delay of twelve
(12) months or more in the approval of this project could result in overrun. In the event of such delay, an
engineering and estimate review will be necessary .
Remarks. Cost to relocate Access point at Franklin Road OHB, Roanoke, VA
Charles A. Wilson Tel (404) 529 -1008
Office of Chief Engineer
Communications Engineering
Copies:
EXHIBIT D
OPINION OF PROBABLE CONSTRUCTION COST
YARD AIR UPGRADES
FRANKLIN ROAD BRIDGE
ROANOKE, VIRGINIA
MAY 1S, 2015
TASK/ITEM DESCRIPTION
QUANTITY
UNIT
UNIT COST
COST($)
I
Mobilization
1.00
LS
$5,000.00
$ 5,000.00
2
Demobilization
1.00
LS
$5,000.00
$ 5,000.00
3
Furnish and Install T' HDPE Yard Air Piping
Includes but not limited to: Trenching, Connection to Existing Air
Source, Pipe Bends, Fittings, Valves, Testing, Backfill and
compaction.
2,800.00
LF
$40.00
$ 112,000.00
4
Furnish and Install Air Stands
Includes but not limited to: Trenching, Pipe Bends, Fittings, Valves,
Testing, Backfll and compaction.
20.00
EA
$2,000.00
$ 40,000.0
9$
Subtotal
1
16? 000.00
Contingency 20%
$ 32,400.00
Engineers Estimate Total
$ 194,400.00
EXHIBIT D
NORFOLK
SOUTHERN
NORFOLK SOUTHERN RAILWAY COMPANY
N &WRY V- 12/94 -A
EASTERN REGION - VIRGINIA DIVISION
ROANOKE, VA - FRANKLIN ROAD OHB REPLACEMENT - MILEPOST V- 243.55
ESTIMATE FOR PROPOSED TEMPORARY CROSSING SURFACE INSTALLATION
6
TRACK.
VARIABLE 'CROSSING LENGTH
MATERIAL
QUANTITY
UNIT
UNIT COST
AMOUNT
minuuuuuuuuuuuuuwuuuuwmuuuuuuuuuwumuuuuuuuuuwuwuuuuulmullnulwlumuwnulmmuuuuuuuuu.nuuuuuuuuwuuwmuuumuuuuuuuuuuuu
SURFACE MTL. (RUB. RAIL SEAL)
0
TRK. FT.
50.00
0
ASPHALT
0
TONS
150.00
0
RAIL, 132 lb. BW
0
LIN FT.
19.95
0
RAILANCHORS
0
EA.
1.18
0
SPIKES
0.0
KEG
100.95
0
TIE PLATES
0
EA.
6.30
0
CROSSTIES (GRADE 5)
0
EA,
38.00
0
BALLAST AND GRAVEL
1200
TONS
2000 .
24,000
FILTER FABRIC
750
SO. YARDS
3.00
2,250
THERMITE WELDS
0
EA,
500.00
0
TWO SECURITY GATES (INSTALLED)
0
EA,
1000.00
0
DRAINAGE PIPE
300
LIN FT.
16.25
4,875
TOTAL (INCLUDES 5% INVENTORY OR TAX ADDITIVES) 32,681
LABOR
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIilllllill llllllllll
NSTALL NEW CROSSING 72 MAN HOURS 22.00 1,584
REMOVE NEW CROSSING 72 MAN HOURS 2200 . 1,584
TOTAL 3,168
COMPOSITE LABOR ADDITIVE (185.62 %) 5,880
USE OF EQUIPMENT 1,346
DISPOSAL FEE FOR REMOVED CROSSING MATERIAL 500
Preliminary Engineering, Construction Supervision, Bill Preparation 4,825
GRAND TOTAL $48,400
OFFICE OF CHIEF ENGINEER, BRIDGES AND STRUCTURES - ATLANTA, GEORGIA
DATE: SEPTEMBER21, 2015
Dke, VA (Franklin Rd) Temp Crossing
CECELIA T. WEBB, CMC
August 16, 2016 Atsistnnt Deputy City Clerk
Christopher P. Morrill
City Manager
Roanoke, Virginia
Dear Mr. Morrill:
I am enclosing copy of Resolution No. 40609 - 081516 authorizing the City Manager to
execute the First Amended and Restated Fiscal Agent Agreement dated August 15,
2016, by and among Workforce Investment Area III Chief Local Elected Officials
Consortium, Western Virginia Workforce Development Board, Inc., City of Roanoke,
Virginia, and Roanoke Valley - Alleghany Regional Commission; with the Restated
Agreement to provide for additional duties and responsibilities of the Commission as
fiscal agent and to make the term of the services for a five year period commencing as
of July 1, 2016.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, August 15, 2016,
Sincerely,
Stephanie M. Moon Reynolds, MIMIC
City Clerk
Enclosure
c: J. B. Broughman, City Manager, City of Covington, 333 West Locust Street,
Covington, Virginia 24426
Kevin Boggess, City Manager, City of Salem, 114 North Broad Street, Salem,
Virginia 24153
John R. Strutner, County Administrator, Alleghany County, 9212 Winterberry
Avenue, Covington, Virginia 24426
Thomas C. Gates, County Administrator, Roanoke County, 5204 Bernard Drive,
S. W., Roanoke, Virginia 24018
CITY OF ROANOKE
e
OFFICE OF THE CITY CLERK
215 Chu, ch Avenue, 5. W., Room 456
Roanoke, Virginia 24011 -1536
Trlepbunc: (54x)853 -2541
Pox: (5411) 853 -1145
STEPHANIE M. MOON REYNOLDS, MM('
E—nil: d em lvv,ceuakeva.... CECELIA F. MCCOV
('it, Clerk
Deputy City Clerk
CECELIA T. WEBB, CMC
August 16, 2016 Atsistnnt Deputy City Clerk
Christopher P. Morrill
City Manager
Roanoke, Virginia
Dear Mr. Morrill:
I am enclosing copy of Resolution No. 40609 - 081516 authorizing the City Manager to
execute the First Amended and Restated Fiscal Agent Agreement dated August 15,
2016, by and among Workforce Investment Area III Chief Local Elected Officials
Consortium, Western Virginia Workforce Development Board, Inc., City of Roanoke,
Virginia, and Roanoke Valley - Alleghany Regional Commission; with the Restated
Agreement to provide for additional duties and responsibilities of the Commission as
fiscal agent and to make the term of the services for a five year period commencing as
of July 1, 2016.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, August 15, 2016,
Sincerely,
Stephanie M. Moon Reynolds, MIMIC
City Clerk
Enclosure
c: J. B. Broughman, City Manager, City of Covington, 333 West Locust Street,
Covington, Virginia 24426
Kevin Boggess, City Manager, City of Salem, 114 North Broad Street, Salem,
Virginia 24153
John R. Strutner, County Administrator, Alleghany County, 9212 Winterberry
Avenue, Covington, Virginia 24426
Thomas C. Gates, County Administrator, Roanoke County, 5204 Bernard Drive,
S. W., Roanoke, Virginia 24018
Christopher P. Morrill
City Manager
August 16, 2016
Page 2
Pc: Richard E. Huff, II, County Administrator, Franklin County, 255 Franklin Street,
Suite 112, Rocky Mount, Virginia 24151
B. Clayton Goodman, III, County Administrator, Craig County, P. O. Box 308,
New Castle Virginia 24127
Jake Gilmer, Executive Director, Western Virginia Workforce Development
Board, Inc., P. O. Box 2569, Roanoke, Virginia 24010
Wayne G. Strickland, Executive Director, Roanoke Valley- Alleghany Regional
Commission, P. O. Box 2569, Roanoke, Virginia 24010
Daniel J. Callaghan, City Attorney
Jane Conlin, Director, Human /Social Services
og�
IN '17-11: COUNCIL OI' 7l liz CI IN OF ROANOKE, VIRGINIA
The 15th day of August, 2016, .
No. 40609 - 081516.
A RESOLUTION authorizing the City Manager to execute the First Amended and
Restated Fiscal Agent Agreement dated August 15, 2016, by and among Workforce Investment
Area III Chief Local Elected Officials Consortium (Consortium), Western Virginia Workforce
Development Board, Inc. (WDB), City of Roanoke, Virginia (Grant Recipient), and Roanoke
Valley- Alleghany Regional Commission ( Commission) (Restated Agreement); and authorizing
execution of such other documents and performance of any other actions deemed necessary to
effectuate, deliver, perform, administer, and enforce the Restated Agreement.
WHEREAS, the Consortium, the WDB, the Grant Recipient, and the Commission
entererd into an agreement dated August 17, 2015, that designated the Commission to serve as
fiscal agent for the Consortium, the Grant Recipient, and the WDB (Original Fiscal Agent
Agreement); and
WHEREAS, the Consortium, the WDB, the Grant Recipient, and the Commission desire
to amend, restate and replace the Original Fiscal Agent Agreement with the Restated Agreement
to provide for additional duties and responsibilities of the Commission as fiscal agent and to
make the term of the services for a five (5) year period commencing as of July 1, 2016.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
The Restated Agreement, a copy of which is attached to the City Council Agenda
Report dated August 15, 2016, from the Director of Finance, that designates the Commission to
serve as fiscal agent for the Consortium, the Grant Recipient, and the WDB, as more particularly
described in the City Council Agenda Report dated August 15, 2016, is hereby approved and the
K \MIMIu 11\ Work Fomc 11,11 AFev Agmemem 2016 doe 8/ 116
City Manager is authorized to CsCCUte the Restated Agrecmcnl, substantially similar to a copy of
the Restated Agreement attached t o t he City Council Agenda repoit dated August 15, 2016, and
approved as to fimn by the City Attorney.
2. The lean of the Restated Agreement is made effective, retroactive to July 1, 2016,
3. The City Manager is authorized to execute such other documents in a form
approved by the City Attorney, and to take such action deemed necessary in order to effectuate,
deliver, perform, administer, and enforce the Restated Agreement on behalf of the City as Grant
Recipient.
ATTEST:
KiMetmiru \Wade Farce 1mn1 Agait Agreement 2016 doo 8/9/16
City Clerk.
aCITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: August 15, 2016
Subject: First Amended and Restated Fiscal Agent Agreement (Restated
Agreement) dated August 15, 2016 by and among Workforce
Investment Area III Chief Local Elected Officials Consortium
(Consortium), Western Virginia Workforce Development Board, Inc.
(WDB), City of Roanoke, Virginia (Grant Recipient) and Roanoke
Valley - Alleghany Regional Commission (Commission)
Background:
In August of 2015, the cities of Covington, Roanoke and Salem and the counties of
Alleghany, Botetourt, Craig, Franklin and Roanoke (collectively, the Member
Jurisdictions) negotiated an Agreement whereby the Commission was appointed as
fiscal agent for the performance of duties as required under the Workforce Innovation
and Opportunity Act (WIOA). The initial Agreement was for a term of one year and had
been extended for an additional year.
Considerations:
The City Attorney's Office, the Director of Finance and the Commission collaborated on
a Restated Agreement, reviewing and revising the services to be provided and ensuring
adequate controls were in place to safe -guard the City as Grant Recipient. The
Restated Agreement also provides for a five year term of fiscal agent services effective
July, 1, 2016, through June 30, 2021. A copy of the Restated Agreement is attached.
Council action is required to authorize the City Manager to execute, deliver and
enforce the Restated Agreement on behalf of the Grant Recipient.
The Restated Agreement replaces the initial Agreement.
Recommended Action:
Adopt the attached resolution authorizing the City Manager to execute the Restated
Agreement substantially similar to a copy of the attached Restated Agreement, with an
effective date of July 1, 2016, approved as to form by the City Attorney; and authorize
the City Manager to execute such other documents in a form approved by the City
Attorney and to take such other actions as deemed necessary to effectuate, deliver,
administer and enforce the Restated Agreement on behalf of the Grant Recipient.
Barbara A. Dameron
Director of Finance
Distribution: Council Appointed Officers
FIRST AMENDED AND RESTATED
FISCAL AGENT AGREEMENT
BY AND AMONG
WORKFORCE INVESTMENT AREA III CHIEF LOCAL ELECTED OFFICIALS
CONSORTIUM, WESTERN VIRGINIA WORKFORCE DEVELOPMENT BOARD, INC.,
CITY OF ROANOKE, VIRGINIA, AND
ROANOKE VALLEY - ALLEGHANY REGIONAL COMMISSION
THIS FIRST AMENDED AND RESTATED FISCAL AGENT AGREEMENT is made
this 15th day of August, 2016, by and among WORKFORCE INVESTMENT AREA III CHIEF
LOCAL ELECTED OFFICIALS CONSORTIUM, (the "Consortium "), WESTERN VIRGINIA
WORKFORCE DEVELOPMENT BOARD, INC., (the "WDB "), CITY OF ROANOKE,
VIRGINIA, (the "Grant Recipient'), and ROANOKE VALLEY - ALLEGHANY REGIONAL
COMMISSION (the "Commission ") (the `Restated Fiscal Agent Agreement ").
RECITALS
A. Pursuant to the Workforce Investment Act (the "WIA "), 29 U.S.C. §§ 2801 et
sue., as amended, the cities of Covington, Roanoke, and Salem, and the counties of Alleghany,
Botetourt, Craig, Franklin, and Roanoke (collectively, the "Member Jurisdictions "), through the
chief local elected officials of the Member Jurisdictions, entered into a Charter Agreement dated
July 21, 2003 (the "Consortium Charter "), to create the Consortium in order to implement and
coordinate workforce investment activities pursuant to WIA within the area designated as the
Western Virginia Workforce Development Area III ( "Area 111 "). In July, 2014, Congress
enacted the Workforce Innovation and Opportunity Act ( "WIOA ") 29 U.S.C. §§ 3101, et seq.,
that repealed and replaced WIA, and provided for transition for consortiums established by
localities, local areas designated within a state, and local boards created by local governments to
implement the purposes of WIA.
B. Pursuant to the provisions of the Consortium Charter and WIA, the Consortium
established the WDB to perform all functions, responsibilities and obligations of the WDB, as set
forth in WIA.
C. The WDB is a non -stock corporation organized and existing under the laws of the
Commonwealth of Virginia and adopted bylaws dated December 2, 2005, and revised October 3,
2014. The WDB is also a tax exempt organization pursuant to Section 501 (c)(3) of the Internal
Revenue Code, as determined by the United States Department of the Treasury, Internal Revenue
Service. In accordance with its organizational documents, the purpose of the WDB is to plan and
coordinate the provision of regional workforce development services within Area III.
D. Pursuant to Section 8 of the Consortium Charter, the WDB is designated as the
fiscal agent for Title I funds appropriated under WIA.
E. Pursuant to Section 8 of the Consortium Charter, the City of Roanoke, as a
member of the Consortium, was designated Grant Recipient for funds appropriated for use within
Area III.
F. The Member Jurisdictions amended and restated the Consortium Charter through
Amendment No. I dated as of August 11, 2015 ( "Amendment No. 1") to confirm that: 1) the
Member Jurisdictions established the Consortium Charter pursuant to WIA and, in accordance
with Section 15.2 -1300, Code of Virginia, (1950), as amended: 2) the Consortium Charter
constitutes a joint powers agreement, which allows the Consortium to designate and retain a
fiscal agent other than the WDB, and 3) provide such other changes consistent with WIA and
W 1OA.
2
G. The Consortium, the WDB, and the Grant Recipient designated and retained the
Commission to serve as fiscal agent in accordance with the terms of the Fiscal Agent Agreement
by and among the Consortium, the WDB, the Grant Recipient, and the Commission dated
August 17, 2015 (the "Original Fiscal Agent Agreement').
H. The Consortium, the WDB, the Grant Recipient, and the Commission desire to
amend, restate, and replace the Original Fiscal Agent Agreement with this Restated Fiscal Agent
Agreement.
NOW, THEREFORE, based on the covenants and agreements set forth in these recitals,
which recitals are a material part of this Restated Fiscal Agent Agreement, and for other good
and valuable consideration, the Consortium, the WDB, the Grant Recipient, and the Commission
agree that the Original Fiscal Agent Agreement is amended, restated and replaced by this
Restated Fiscal Agent Agreement, and further agree as follows:
I. Designation of Commission as Fiscal Agent
1.1 Pursuant to the provision of the Consortium Charter, as amended by Amendment
No. I, the Consortium hereby designates the Commission to serve as fiscal agent for all funds
allocated to Area III for the period commencing July I, 2016, and ending June 30, 2021. The
Commission shall perform all Fiscal Agent Services as set forth in this Restated Fiscal Agent
Agreement in compliance with all applicable federal and state Taws, rules and regulations. The
Commission shall provide and perform the Fiscal Agent Services for the benefit of the
Commission, the WDB, and the Grant Recipient.
12 The WDB is a 501(c)(3) corporation under the Internal Revenue Code and may
obtain workforce service grants (Non -W IOA Grants ") other than grants allocated from W IOA
3
to the Grant Recipient. Pursuant to applicable law, rules and regulations (including applicable
federal guidance and guidelines, OMB Circulars, and GAAP), and required by this Restated
Fiscal Agent Agreement, the WDB and Commission must provide for accounting of Non -WIOA
Grants separately, allocating equitably any shared costs, between grants allocated to Grant
Recipient and Non -WIOA Grants, and ensure there is no commingling of funding streams.
Additionally, funds from WIOA grants allocated to Grant Recipient shall not be used, under any
circumstances, to pay any costs or expenditures related to any Non -W IOA Grant.
2. Fiscal Agent Services.
2.1 The Commission shall perform the following services (the "Fiscal Agent
Services"):
2.1.1 Receive, manage, and administer all W IOA funds allocated to and for the
benefit of Area III, including, without limitation, all funds allocated for
Adult, Dislocated Worker, Youth programs and the Business Services
Program.
2.1.2 Accept, maintain, disburse, account for, and report all funds received on
behalf of the Consortium, the WDB, and the Grant Recipient.
2.1.3 Maintain appropriate financial accounting records, including a general
ledger that accounts for all funding obligations and expenditures by
specific program.
2.1.4 Provide a preliminary Schedule of Expenditures of Federal Awards
( "SEFA ") as soon as available.
2.1.5 Provide an audited set of financial statements to the Consortium, the
WDB, and the Grant Recipient, including an audited SEFA to the Grant
4
Recipient within 60 days following the end of the Grant Recipient's fiscal
year but no later than the first week of September in each year.
2.1.6 Report SEFA amounts to the Federal Audit Clearinghouse in compliance
with applicable regulations.
2. L_7 Disburse funds at the direction of the WDB, provided such directives do
not violate any provision of federal or state law, rule or regulation,
including without limitation, the WIOA, regulations and rules
promulgated pursuant to the WIOA, OMB Circulars, or Federal
Acquisition Regulations. Prepare and submit grant reimbursement requests
in accordance with applicable regulatory guidelines.
2.1.8 Ensure compliance with all requirements of applicable laws, rules, and
regulations, including monitoring of sub - recipients and providing reports
on the results of such monitoring to the Consortium, the WDB, and the
Grant Recipient. If the Commission is unable to perform or cause staff to
perform the requisite sub - recipient monitoring, the Commission shall
contract with a reputable firm to ensure that sub - recipient monitoring is
conducted on an annual basis. The cost for such services shall be home by
the Commission.
2.1.9 Cooperate with the Consortium, the WDB, and the Grant Recipient in
compliance with applicable laws, rules and regulations.
2.1.10 Cooperate and be available to meet with personnel and external auditors of
the Grant Recipient during periodic program audits and single audits of
the Grant Recipient.
5
2.1.11 Provide the Consortium and the Grant Recipient with a copy of the
proposed budget for the WDB for the ensuing fiscal year by May I prior
to the commencement of such fiscal year.
2.2 Fiscal Agent Services shall not include determination of grant recipients or
budgets for expenditures.
2.3 The Commission will exercise the degree of skill and care of a prudent financial
reporting and accounting professional. In performing the Fiscal Agent Services,
the Commission accepts responsibility for the quality, accuracy, and timeliness of
the performancc of the Fiscal Agent Services by the Commission, and its
employees, subcontractors, and agents. The Commission accepts financial
responsibility for any error and omissions that cause harm to the Consortium, the
WDB, or the Grant Recipient, and for the full, faithful, and complete performance
of its employees, including employee theft.
2.4 The Grant Recipient will be responsible to ensure the Commission administers
funds provided to it in accordance with all applicable federal and state laws, rules,
regulations, and guidelines. If the Grant Recipient determines that the
Commission is not administering funds appropriately, the Commission shall be
responsible for reimbursement of costs finally determined to be improperly
administered, together with any interest, penalties, or fines imposed, by any
federal or state agency, board or commission.
2.5 The Commission is responsible to establish and maintain internal controls for the
Commission and the WDB to provide independent review and approval of
disbursements made by the Finance Director of the Commission and the WDB.
6
Such controls shall be instituted to address the situation that the same person may
be providing finance director services for the Commission and the WDB.
3. Additional Services.
3.1 The Commission shall serve as the payroll and benefits administrator for all
employees of the WDB during the term of this Restated Fiscal Agent Agreement
and such other services as the parties may agree (the "Additional Services ").
3.1.1 Additional Services shall include:
3.1.1.1 Payroll processing, withholding of taxes, insurance and other
permitted expenses, wage reporting, payments for benefits
including retirement, health care, workers' compensation, and
unemployment compensation and prepare and file payroll tax
returns and W -2's for the WDB.
3.1.1.2 Human Resource Services including hiring, job descriptions and
postings, and personnel manual.
3.1.1.3 Financial services including financial reporting, accounts payable
and receivables, budget development and monitoring, annual
audit process, corporate filings, and financial operations and
policies.
3.1.2 Additional Services may also include, to the extent agreed upon by the
parties and the availability of qualified personnel, the following services:
3.1.2.1 Program and grant development services that assist the WDB in
obtaining additional funding to provide a broader variety of
VJ
workforce programs that are customized to meet the needs of the
leading industrial section within Region 111; and provide support
in pursuing additional public and private grants focused on
workforce training and apprenticeships.
3.1.2.2 Data tracking and analysis services that assist the WDB in
tracking and analyzing workforce data in the region.
3.1.2.3 Communications and outreach services including information
management, program development, and public communication
services including website design, logo, and communication
materials.
The WDB shall reimburse the Commission for WDB Employee Expenses (as this term is defined
in Section 5.2 of this Restated Fiscal Agent Agreement) in accordance with Section 5.2 of this
Restated Fiscal Agent Agreement.
3.2 The Commission shall not be, nor shall the Commission be deemed to be, the
statutory or common law employer of WDB employees.
3.3 The WDB shall cooperate with the Commission in providing the Additional
Services, including the provision of time and leave records of WDB employees to
the Commission on a timely basis.
4. Tenn of Agreement.
4.1 Subject to the right of any party to terminate this Restated Fiscal Agent
Agreement pursuant to Section 7, hereof, the term of this Restated Fiscal Agent
Agreement shall be for the period commencing July 1, 2016, and ending on June
30, 2021.
8
4.2 Notwithstanding the termination of the term of this Restated Fiscal Agent
Agreement, the Commission shall be responsible to provide all audited statements
and reports required to be provided as a part of Fiscal Agent Services, during the
period such services were rendered, following the termination of this Restated
Fiscal Agent Agreement. All indemnity obligations of the Commission shall
survive the termination of this Restated Fiscal Agent Agreement.
5. Compensation Reimbursement of Expenditures and Payment of Operating Expenses
5.1 The Commission shall be compensated, by the WEB, on a monthly basis for
Fiscal Agent Services and Additional Services rendered under this Restated
Fiscal Agent Agreement. Total staffing compensation to the Commission shall
not exceed $52,419 during the period of July I, 2016, through June 30, 2017.
5.2 The WEB shall reimburse the Commission, on a monthly basis, for gross payroll
expenses of the WDB that are paid by the Commission pursuant to performance
of the Additional Services. The WDB shall also reimburse the Commission. on a
monthly basis, for travel and training expenditures incurred by WDB employees
paid by the Commission pursuant to performance of the Additional Services (the
payroll expenses and the employee travel training expenses described in this
section 5.2 are collectively referred to as "WDB Employee Expenses "). The
aggregate amount of WDB Employee Expenses during the period July 1, 2016
through June 30, 2017 shall not exceed the sum of $229,377.
5.3 The WDB shall pay to the Commission, on a monthly basis, certain operating
expenses incurred by the Commission for services provided to the WDB, such as
rent for use of a portion of offices provided to the WDB, telephone, equipment
9
usage, and technology and software ( "WDB Operating Expenses "). The aggregate
amount of WDB Operating Expenses during the period of July 1, 2016, through
June 30, 2017, shall not exceed the sum of $15,000.
5.4 The WDB and the Commission represent, certify, and warrant to the Grant
Recipient that (i) the amounts set forth in Sections 5.1, 5.2, and 5.3 of this
Restated Fiscal Agent Agreement are attributable solely to funds allocated to the
Grant recipient; and (ii) the amounts have been determined in accordance with all
applicable laws, rules, and regulations, including applicable Federal guidance and
guidelines. OMB Circulars, and GAAP.
5.5 Only funds allocated to the Grant Recipient will be used to pay for the services
rendered by the Commission under this Restated Fiscal Agent Agreement, the
reimbursement of WDB Employee Expenses, and payment of WDB Operating
Expenses. Under no circumstance shall funds allocated to the Grant Recipient be
used to pay any other expenses. The Commission shall be notified in writing
immediately, in the event the Consortium or the Grant Recipient receives
insufficient funds from funding sources that had been designated as the source for
the payment for services rendered by the Commission under this Restated Fiscal
Agent Agreement. The duty of the Commission to perform services under this
Restated Fiscal Agent Agreement will terminate immediately, or as otherwise
agreed upon in writing, upon receipt of written notification of insufficient funds
by the Commission.
5.6 The Commission may increase the amounts set forth in Sections 5.1, 5.2, and 5.3
annually as of July I of each year during the term of this Restated Fiscal Agent
10
Agreement by the actual costs incurred by the Commission for each such Section,
without the prior approval of the parties hereto; provided that any such increase is
not more than five percent (5 %) of the amount established in the respective
Sections, as adjusted from prior increases. The Commission shall provide written
notice to the WDB, the Consortium, and the Grant Recipient as of May I, prior to
any such increase. All other proposed increases shall require the prior written
approval of the parties hereto.
6. Ownership of Documents.
All records of the Commission relating to this Restated Fiscal Agent Agreement and
performance thereunder (the "Consortium Records ") are official records of the Consortium and
shall be subject to the Virginia Freedom of Information Act and/or the Government Data
Collection and Dissemination Act (Va. Code §§ 2.2 -3700 et sec. and 2.2 -3800 et sec.). The
Consortium Records shall be made available to the Grant Recipient and the WDB, its staff, and
agents upon their request. At the termination of this Restated Fiscal Agent Agreement, the
Consortium Records shall be transferred to the Consortium within ten (10) business days.
7. Termination.
This Restated Fiscal Agent Agreement may be terminated by either party provided that
sixty (60) days written notice of intent to terminate is provided to the other parties. Should this
Restated Fiscal Agent Agreement terminate prior to June 30, of a fiscal year during the tern of
this Restated Fiscal Agent Agreement, the total amount of compensation payable to the
Commission hereunder shall be prorated over such fiscal year. If payments have been made to
the commission prior to notice to terminate this Restated Fiscal Agent Agreement, the
11
Commission agrees to reimburse the Grant Recipient for all remaining months of this Restated
Fiscal Agent Agreement for which services have not been provided at the aforementioned rate.
8. Insurance.
The Commission and the WEB shall take out and maintain during the term of this
Restated Fiscal Agent Agreement such bodily injury, liability and property damage liability
insurance as shall protect it and the Consortium, the WDB, and the Grant Recipient from claims
for damages for personal injury, including death, as well as from claims for property damage,
which may arise from its activities under this Restated Fiscal Agent Agreement. The specific
terms, amounts, and provisions shall be in compliance with the provision of Exhibit A attached
hereto and made a part hereof.
9. Miscellaneous.
9.1 No delay or failure of any party hereto to exercise any right or power arising or
accruing upon any non - compliance or default by any party with respect to any of
the terms of this Restated Fiscal Agent Agreement shall impair any such right or
power or be construed as a waiver thereof, except as otherwise may be herein
provided. Any waiver by any party of any covenant or condition of this Restated
Fiscal Agent Agreement to be performed by another party shall be in writing and
shall not be construed as a waiver of any succeeding breach of any such covenant
or condition of the Restated Fiscal Agent Agreement.
9.2 This Restated Fiscal Agent Agreement and all of the provisions hereof shall be
binding upon, and shall inure to the benefit of, the parties hereto and their
permitted assigns, but neither this Restated Fiscal Agent Agreement nor any of
12
the rights, interests or obligations hereunder shall be assigned by either of the
parties hereto without the prior written consent of the other.
9.3 This Restated Fiscal Agent Agreement shall be construed and enforced in
accordance with the laws of the Commonwealth of Virginia. Jurisdiction and
venue for any legal action or suit in connection with or arising out this Restated
Fiscal Agent Agreement shall lie in Roanoke City, Virginia. The parties hereto
hereby covenant and agree that any such action or suit shall be brought only in the
Circuit Court of Roanoke City, Virginia, and in no other court.
9.4 The obligations of the Commission are subject to the additional general terms and
conditions set forth in Exhibit B attached hereto and made a part hereof.
9.5 This Restated Fiscal Agent Agreement represents the entire agreement between
the parties, and shall not be modified except in a writing signed by all the parties.
The parties acknowledge, agree, and confirm that this Restated Fiscal Agent
Agreement replaces the Original Fiscal Agent Agreement in its entirety. This
Restated Fiscal Agent Agreement may be executed in two or more counterparts,
each of which shall be deemed to be an original, and all of which together shall
constitute one and the same instrument.
9.6 All notices required under this Restated Fiscal Agent Agreement shall be sent to
the following addresses, by first class mail postage prepaid, or recognized
national overnight delivery service, service fees prepaid to the following
addresses:
If to Consortium: Workforce Investment Area III
Chief Local Elected Officials Consortium
c/o City of Roanoke, Virginia
Noel C. Taylor Municipal Building, Suite 461
13
215 Church Avenue, S.W.
Roanoke, Virginia 24011
Attention: Director of Finance
If to the WDB: Workforce Development Board, Inc.
P.O. Box 2569
Roanoke, Virginia 24010
Attention: Executive Director
If to the City: City of Roanoke, Virginia
Noel C. Taylor Municipal Building, Suite 364
215 Church Avenue, S.W.
Roanoke, Virginia 24011
Attention: City Manager
If to the Commission: Roanoke Valley - Alleghany County Regional Commission
P.O. Box 2569
Roanoke, Virginia 24010
Attention: Executive Director
SIGNATURES APPEAR ON THE FOLLOWING PAGES
14
IN WITNESS WHEREOF, the parties have executed this Restated Fiscal Agent
Agreement by the duly authorized respective persons.
Witness
WORKFORCE INVESTMENT AREA III
CHIEF LOCAL ELECTED OFFICIALS
CONSORTIUM
WESTERN VIRGINIA WORKFORCE
DEVELOPMENT BOARD, INC.
CITY OF ROANOKE, VIRGINIA
Witness Christopher P. Morrill, City Manager
Witness
ROANOKE VALLEY - ALLEGHANY
REGIONAL COMMISSION
Name:_
Title:
15
APPROVED AS TO FORM:
Counsel to the Consortium
Counsel to Board
Counsel to Grant Recipient
Counsel to the Commission
16
EXHIBIT A
INSURANCE COVERAGE REQUIREMENTS FOR THE COMMISSION AND
THE WDB
A. The Commission and the WDB shall, at its sole expense, obtain and maintain the
insurance set forth below. Any required insurance shall be effective prior to the
commencement of the term of the Restated Fiscal Agent Agreement. The
following policies and coverages are required:
(i) Commercial General Liabilitv. 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 Commission's acts, errors, or omissions.
The minimum limits of liability for this coverage shall be $1,000,000
combined single limit for any one occurrence. Such coverage shall also
include Employee Dishonesty coverage in the amount of $500,000.
(ii) Contractual Liability. Broad form Contractual Liability insurance shall
include the indemnification obligations set forth in the Restated Fiscal
Agent Agreement.
(iii) Workers' Compensation, Workers' Compensation insurance covering the
Commission's statutory obligation under the laws of the Commonwealth
of Virginia and Employer's Liability insurance shall be maintained for all
its employees. Minimum limits of liability for Employer's Liability shall
be $100,000 bodily injury by accident each occurrence; 5500,000 bodily
injury by disease (policy limit); and $100,000 bodily injury by disease
(each employee). With respect to Workers' Compensation coverage, the
insurance company shall waive rights of subrogation against the
Consortium, the WDB, and the Grant Recipient, and their respective
officers, employees, agents, volunteers and representatives.
(iv) Automobile Liability. The minimum limit of liability for Automobile
Liability Insurance shall be 31,000,000 combined single limit applicable
to owned or non -owned vehicles used in the performance of the Fiscal
Agent Services- and the Additional Services under the Restated Fiscal
Agent Agreement and shall be written on an occurrence basis.
B. 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
17
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 this section, and it is further agreed
that such statement shall be made a part of the certificate of insurance furnished
by the Commission to the Consortium, the WDB, and the Grant Recipient.
C. All insurance shall also meet the following requirements; unless otherwise agreed
to by the Risk Manager for the Grant Recipient:
(1) The Commission shall furnish the Consortium, the WDB, and the Grant
Recipient, a certificate or certificates of insurance showing the type,
amount, effective dates and date of expiration of the policies (Renewals of
such certificates, if not for the full five year term of this Restated Fiscal
Agent Agreement, must be provided on an annual basis). All such
insurance shall be primary and noncontributory to any insurance or self -
insurance the Consortium, the WDB, or the Grant Recipient may have.
(ii) The insurance covered by this certificate shall not be canceled or
materially altered, except after thirty (30) days written notice has been
provided to the Risk Manager for the City of Roanoke, except for non-
payment of premium which shall be ten (10) days.
(iii) The required insurance coverages and certificate or certificates of
insurance (except with respect to Worker's Compensation and Employers'
Liability) shall name the Consortium, the WDB, and the Grant Recipient,
and their respective officers, employees, agents, volunteers, and
representatives as additional insureds.
(iv) Where waiver of subrogation is required with respect to any policy of
insurance required hereunder, such waiver shall be specified on the
certificate of insurance.
(v) Insurance coverage shall be in a form and with an insurance company
approved by the Consortium, the WDB, and the Grant Recipient, which
approval shall not be withheld unreasonably. Any insurance company
providing coverage hereunder shall be authorized to do business in the
Commonwealth of Virginia.
im
EXHIBIT B
GENERAL TERMS AND CONDITIONS
The following clauses are required to be in every contract entered into by the Grant
Recipient, and will be deemed to be a part of this Restated Fiscal Agent Agreement:
a. PAYMENTS TO OTHERS BY THE COMMISSION. The Commission agrees that
the Commission will comply with the requirements of Section 2.2 -4354 of the Virginia
Code regarding the Commission's payment to other entities and the Commission will
take one of the two actions permitted therein within seven (7) days after receipt of
amounts paid to the Commission. The Commission further agrees that the Commission
shall indemnify and hold the Consortium, the Grant Recipient, and the W DB harmless for
any lawful claims resulting from the failure of the Commission to make prompt payments
to all persons supplying the Commission with services set forth in Section 2.1.8 of this
Restated Fiscal Agent Agreement.
b. COMPLIANCE WITH LAWS AND REGULATIONS, AND IMMIGRATION
LAW. The Commission agrees to and will comply with all applicable federal, state, and
local laws, ordinances, and regulations, including, but not limited to all applicable
licensing requirements. The Commission further agrees that the Commission does not
and shall not during the performance of this Restated Fiscal Agent Agreement;
knowingly employ an unauthorized alien as defined in the Federal Immigration Reform
& Control Act of 1986.
e. SEVERABILITY. If any provision of this Restated Fiscal Agent Agreement, or the
application of any provision hereof to a particular entity or circumstance, shall be held to
be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions
of this Restated Fiscal Agent Agreement shall not be affected and all other terms and
conditions of this Restated Fiscal Agent Agreement shall be valid and enforceable to the
fullest extent permitted by law.
d. NONDISCRIMINATION.
i. During the performance of this Restated Fiscal Agent Agreement, the Commission
agrees as follows:
The Commission will not discriminate against any employee or applicant for
employment because of race, religion, color, sex, national origin, age, disability,
19
or any other basis prohibited by state law relating to discrimination in
employment, except where there is a bona fide occupational qualification
reasonably necessary to the normal operation of the Commission. The
Commission agrees to post in conspicuous places, available to employees and
applicants for employment, notices setting forth the provisions of this
nondiscrimination clause.
2. The Commission in all solicitations or advertisements for employees placed by or
on behalf of the Commission will state that the Commission is an equal
opportunity employer.
3. Notices, advertisements and solicitations placed in accordance with federal law,
rule or regulation shall be deemed sufficient for the purpose of meeting the
requirements of this section.
ii. The Commission will include the provisions of the foregoing subsections 1, 2, and 3
in every subcontract or purchase order of over $10,000, so that the provisions will be
binding upon each subcontractor or vendor.
e. DRUG -FREE WORKPLACE.
L During the performance of this Restated Fiscal Agent Agreement, the Commission
agrees to (i) provide a drug -free workplace for Commission employees; (it) post in
conspicuous places, available to employees and applicants for employment, a
statement notifying employees that the unlawful manufacture, sale, distribution,
dispensation, possession, or use of a controlled substance or marijuana is prohibited
in the workplace and specifying the actions that will be taken against employees for
violations of such prohibition; (iii) state in all solicitations or advertisements for
employees placed by or on behalf of the Commission that the Commission maintains
a drug -free workplace; and (iv) include the provisions of the foregoing clauses in
every subcontract or purchase order of over $10,000, so that the provisions will be
binding upon each subcontractor or vendor.
ii. For the purposes of this section, "drug -free workplace" means a site for the
performance of work done in connection with a specific contract awarded to a
contractor, the employees of whom are prohibited from engaging in the unlawful
manufacture, sale, distribution, dispensation, possession or use of any controlled
substance or marijuana during the performance of the contract.
f. FAITH BASED ORGANIZATIONS. Pursuant to Virginia Code Section 2.2- 4343.1 be
advised that the Grant Recipient does not discriminate against faith -based organizations
20
g. ETHICS IN PUBLIC CONTRACTING. The provisions, requirements, and
prohibitions as contained in Sections 2.2 --4367 through 2.2 -4377, of the Va. Code,
pertaining to bidders, offerors, contractors, and subcontractors are applicable to this
Restated Fiscal Agent Agreement.
21
August 16, 2016 CECELIAC WEBB, CIVIC
Assist nl Deputy City Clerk
Cindy H. Poulton
Clerk
Roanoke City Public Schools
P. O. Box 13145
Roanoke, Virginia 24031
Dear Ms. Poulton:
I am enclosing copy of Budget Ordinance No. 40610 - 081516 to appropriate funding
from the Federal Government grants and the Schools general funds for various
educational programs, amending and reordaining certain sections of the 2016 -2017
School Grant Fund Appropriations.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, August 15, 2016; and is in full force and effect upon its
passage.
Sincerely,
X'�-n. ht
Stephanie M. Moon Reynolds, MMC
City Clerk
Enclosure
or Annette Lewis, Chair, Roanoke City School Board, P. 0. Box 13145, Roanoke,
Virginia 24031
Dr. Rita Bishop, Superintendent, Roanoke City Public Schools, P. 0. Box 13145
Roanoke, Virginia 24031
P. Steve Barnet, Assistant Superintendent for Operations, Roanoke City Public
Schools, P. 0. Box 13145, Roanoke, Virginia 24031
Kathleen M. Jackson, Chief Financial Officer, Roanoke City Public Schools, P. 0.
Box 13145, Roanoke, Virginia 24031
Christopher P. Morrill, City Manager
Daniel J. Callaghan, City Attorney
Barbara A. Dameron, Director of Finance
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Ruauokc, Virginia 24011 -1536
Telephone: (540)853 -2541
Fnx: (540) 853 -1145
STEPHANIE M. MOON REYNOLDS, MMC
E -mnll: elcrk(alronnokevn.y °v CECELIA F. MCCOV
City Clerk
Deputy City Clerk
August 16, 2016 CECELIAC WEBB, CIVIC
Assist nl Deputy City Clerk
Cindy H. Poulton
Clerk
Roanoke City Public Schools
P. O. Box 13145
Roanoke, Virginia 24031
Dear Ms. Poulton:
I am enclosing copy of Budget Ordinance No. 40610 - 081516 to appropriate funding
from the Federal Government grants and the Schools general funds for various
educational programs, amending and reordaining certain sections of the 2016 -2017
School Grant Fund Appropriations.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, August 15, 2016; and is in full force and effect upon its
passage.
Sincerely,
X'�-n. ht
Stephanie M. Moon Reynolds, MMC
City Clerk
Enclosure
or Annette Lewis, Chair, Roanoke City School Board, P. 0. Box 13145, Roanoke,
Virginia 24031
Dr. Rita Bishop, Superintendent, Roanoke City Public Schools, P. 0. Box 13145
Roanoke, Virginia 24031
P. Steve Barnet, Assistant Superintendent for Operations, Roanoke City Public
Schools, P. 0. Box 13145, Roanoke, Virginia 24031
Kathleen M. Jackson, Chief Financial Officer, Roanoke City Public Schools, P. 0.
Box 13145, Roanoke, Virginia 24031
Christopher P. Morrill, City Manager
Daniel J. Callaghan, City Attorney
Barbara A. Dameron, Director of Finance
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The ].5th day of August, 2016,
N.. 40610-081516.
AN ORDINANCE to
appropriate
funding from the Federal Government grants
and the
Schools general funds for
various educational
programs, amending and reordaining
certain
sections of the 2016 -2017
School 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
2016 -2017 School Grant Fund Appropriations be, and the same are hereby, amended and
reordained to read and provide as follows
Appropriations
Kitchen Equipment
321 - 320 - 0000- 1304 - 0000 - 65100- 48821 -3 -00
$ 6,241
Labor
321 - 320 -0000- 1304- 0000- 65100- 43313 -3 -00
210
Kitchen Equipment
321 - 320 - 0000 -0330 -0000- 65100- 48821 -2 -00
19,079
Labor
321 - 320 - 0000- 0330 -0000- 65100- 43313 -2 -00
210
Kitchen Equipment
321 - 320- 0000 - 0210 -0000- 65100- 48821 -3 -00
6,241
Labor
321- 320 -0000 -0210- 0000 - 65100- 43313 -3 -00
210
Kitchen Equipment
321 - 320 - 0000 -0230- 0000- 65100- 48821 -3 -00
12,481
Labor
321 - 320 -0000- 0230 -0000- 65100- 43313 -3 -00
420
Books & Subscriptions
302 - 180 - 13074170 -313K- 61100- 46613 -3 -04
2,325
Educational and Rec Supplies
302 - 180 - 0000 - 1170 -313K- 61100- 46614 -3 -04
2,325
Revenues
Federal Grant Receipts
321 - 000 -0000- 0000- 0000 - 00000- 38583 -0 -00
$ 45,092
Local Match
302 - 000 -LMAT- 1170 -313K- 00000- 72000 -0 -00
4,650
Pursuant to the provisions of Section 12 of the City Charter, the second reading of this
ordinance by title is hereby dispensed with.
ATTEST:
I.'City Jerk.
ROANOKE CITY
PUBLIC SCHOOLS
School Board
August 15, 2016
Annette Lewis
Chairman
The Honorable Sherman P. Lea, Sr., Mayor Lori E. Vaught
and Members of Roanoke City Council Vice Chairman
Roanoke, VA 24011 Mark K. Cathey
William B. Hopkins, Jr.
Dear Members of Council: Laura D. Rottenborn
Lutheria H. Smith
As a result of official School Board action on Tuesday, August 9, Dick Willis
2016, the Board respectfully requests that City Council approve the
following appropriation requests: Dr. Rita D. Bishop
Superintendent
New Appropriation Award Cindy H. Poulton
NSLP Equipment Assistance Grant 2016 -17 $45,091.64 Clerk of the Board
Revised Appropriation Additional Award
Governor's School 2015-2016 $4,650.00
On behalf of the School Board, thank you for your consideration.
Sincerely,
Cindy H. Poulton
Clerk
pc: Dan Callaghan Rita D. Bishop
Chris Morrill Kathleen Jackson
Barbara Dameron Acquenatta Harris (w /details)
Annette Lewis
www. rc,. info p: 540.853.2381 E 540.853.2951 P.O. Box 13145 Roanoke VA 24031
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: August IS, 2016
Subject: School Board Appropriation Request
Background:
As the result of official Roanoke City School Board action at its August 9, 2016 meeting, the Board
respectfully requested that City Council appropriate funding as outlined in this report.
The National School Lunch Program (NSLP) Equipment Assistance 2016 -2017 grant of $45,092
provides funds for schools to purchase equipment to serve healthier meals. Roanoke City Public
Schools has received funding to assist with upgrades to kitchen equipment for four schools - Forest
Park Academy, Preston Park Elementary, Stonewall Jackson Middle and James Breckinridge Middle.
The program will be fully reimbursed by federal funds and will end June 30, 2017.
The Governor's School 2015-2016 program amount of $4,650 represents funding provided by the
participating school districts and the Virginia Department of Education for qualifying students to
participate in advanced studies in the areas of science, mathematics, and technology. This final
revision to the original award allocation was the result of an increase in the number of students
participating in the program. This is a continuing program.
Recommended Action:
We recommend that Council concur with this report of the School Board and adopt the attached
budget ordinance to establish revenue estimates and to appropriate funding as outlined.
u d 6a, Aon
Director of Finance
Distribution: Council Appointed Officers
Rita D. Bishop, Superintendent, RCPS
P. Steve Barnett, Assistant Superintendent for Operations, RCPS
Kathleen M. Jackson, Chief Financial Officer, RCPS
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Aven tic, S. W., Room 456
Roanokq Virginia 24011 -1536
Telephone (540)N53 -2541
Fa: (541))853 -1145
STEPHANIE M. MOON REYNOLDS, MMC E -nwil: clerkpDimmnkam,'Rav ( ECELIA F. MCCOY
(C)ty Clerk Delnity City Clerk
CECELIA "r. WEBB, C'MC
Assistant Deputy City Clerk
August 16, 2016
Mary Jo Fields
Director of Research
Virginia Municipal League
13 E. Franklin Street
Richmond, Virginia 23241
Dear Ms. Fields:
I am enclosing copy of Resolution No. 40611- 081516 supporting Early Childhood
Education. City Council commends, applauds, and supports teachers, volunteers,
parents, community leaders, non - profit organizations, City of Roanoke employees, and
students involved in early childhood education for their contributions to the success of
our youth.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, August 15, 2016.
Sincerely,
. & a>
Stephanie M. Moon Reynolds, MMC
City Clerk
Enclosure
c: Christopher P. Morrill, City Manager
Daniel J. Callaghan, City Attorney
Barbara A. Dameron, Director of Finance
Sheila Umberger, Director of Libraries
Aisha Johnson, Assistant to the City Manager
�y ),U`
I N I I II? COUNCIL OF T1IE CITY OI' ILOANOKI?, VIRGINIA
The 15th day of August, 2016. .
No. 40611 - 081516.
A RESOLUTION suppolling Early Childhood Education.
WHEREAS, children's experiences in their earliest years have a significant impact on
their entire lives;
WHEREAS, early childhood education helps all children prepare for kindergarten,
including those living in poverty;
WHEREAS, children who have access to high quality early childhood education
programs are better prepared for kindergarten and for success in school;
WHEREAS, school readiness has economic and social benefits not only for the children
who attend early education programs but for all citizens as these children are more likely to seek
higher education in preparation for their entry into the workforce;
WHEREAS, the City of Roanoke is committed to contributing to the success of all youth
from cradle to career;
WHEREAS, research shows that a third grade student who cannot read at his or her grade
level is four times Less likely to graduate high school without delays;
WHEREAS, the City of Roanoke strives to assist children in reading on grade level by
third grade through Star City Reads /Campaign for Grade -Level Reading; and
WHEREAS, the City of Roanoke, a six time All- America City, received its All- America
City Award in 2012 for Star City Reads.
NOW, THEREFORE, BE IT RESOLVED as follows:
I. City Council recognizes the importance of early childhood education to children's
future success in school and in life.
2. City COlnell commends, applauds, and dnpports teachers, volunteers, parents,
community lCadC'I'S, nun - profit organizations, City of Roanoke employees, and students involved
in early childhood education for their contributions to the sucecSS Of youth.
City Council urges all citizens to engage, in activities to support, encourage, and
P[ omote early childhood eClucution for the benefit of our youth and our community.
ATTEST:
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
Fns: (540)853 -1145
STEPHANIE M. MOON REYNOLDS, MMC
E -mall: elerk@ruroaaokevu.g °v CECELIA F. MCCOY
City Clerk
Deputy City Clerk
August 16, 2016 CECELIA T. WEBB, CIVIC
Assistant Deputy City Clerk
Municipal Code Corporation
P. O. Box 2235
Tallahassee, Florida 32316
Ladies and Gentlemen:
I am enclosing copy of Ordinance No. 40612 - 081516 amending and reordaining Section
10 -16, Central absentee voter Precinct, Article ll, Election Districts Voting Precincts
and Polling Places, Chapter 10, Elections, of the Code of the City of Roanoke (1979) as
amended, to relocate the central absentee voter precinct.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, August 15, 2016; and is in full force and effect upon its
passage.
Sincerely,
Step�M� Reyno 5,�✓
City Clerk
Enclosure
pc: The Honorable Brenda S. Hamilton, Clerk, Circuit Court
Rick Kahl, Clerk, General District Court
Carolyn W. Robbins, Clerk, Juvenile and Domestic Relations District Court
Stephen D. Poff, Chief Magistrate, Office of the Magistrate
Joey Klein, Law Librarian
Christopher P. Morrill, City Manager
Daniel J. Callaghan, City Attorney
Barbara A. Dameron, Director of Finance
Andrew Cochran, General Registrar, Office of the General Registrar, 317 Kimball
Avenue, N. E., Roanoke, Virginia 24016
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15th day of August, 2016,
No. 40612- 081,516.
AN ORDINANCE amending and reordaining Section 10 -16, Central absentee voter
recncf, Article 11, Election Districts Votink Precincts and Polline Pfcces, Chapter 10,
Elections, of the Code of the City of Roanoke (1979) as amended, to relocate the central absentee
voter precinct; providing for an effective date; and dispensing with the second reading of this
ordinance by title.
WHEREAS, the City of Roanoke has 21 separate voter precincts throughout the City and
one (1) central absentee voter precinct at the Noel C. Taylor Municipal Building;
WHEREAS, City staff has recommended that the central absentee voter precinct be
relocated from its current location at the Noel C. Taylor Municipal Building;
WHEREAS, the new location fo the central absentee voter precinct at the Office of the
General Registrar located at 317 Kimball Avenue, N.E., will be better suited for the activities of
the central absentee voter precinct since it will have increased parking availability, improved
accessibility, increased storage space, training rooms, and access to public transportation as the
proposed new facility is located on the Valley Meho bus route;
WHEREAS, on February 1, 2016, the City of Roanoke entered into a lease agreement
(Lease) with A &M Enterprises, L.P, to relocate the Office of the General Registrar to 317
Kimball Avenue, N.E., Roanoke, Virginia, subject to completion of renovation to accommodate
the requirements of the General Registrar, and subject to approval by City Council in accordance
with applicable law to relocate the offices of the General Registrar or establish a new central
absentee voter precinct;
C1Use+sICIIC I1AppUmalLOCnIITCmph ,mesL I FF34VCAV preeincv relocmiml -code nnmndmeni- fina1815. 16 (8. 4 . 16) ,,x l
WI IFRI:?AS, pursuant to the lrnms of the Lease, the improvements to the premises were
completed on .Tune 1, 2016, and rent payments commenced by the City;
WHEREAS, the Office of the Gcncral Registrar moved to the new location at 317
Kimball Avenue, N.E., Roanoke, Virginia, effective July 18, 2016; and
WHEREAS, on June 20, 2016, Council tauhorized the scheduling or, public heating on
Monday, .July 18, 2016, or such Inter date, to consider adoption of an ordinance to relocate the
central absentee voter precinct Gom the Nocl C Taylor Municipal Building to its new location at
317 Kimball Avenue, N.E., and Council held a public hearing on August 15, 2016,
TI- IEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows:
Section 10 -16, Cenhul absentee voter precinct, Article II, Election Districts
Voting Precincts and Polling Places, Chapter 10, Elections of the Code of the City of Roanoke
(1979), as amended, is hereby amended and reordained to read and provide as follows:
Article 11 - Election Distriet,� Viaj �,A'oler Precincts and Polling Places
e **
Sec. 10 -16. Central absentee voter precinct.
(a) In accordance with Section 24.2 -712 of the Code of Virginia (1950), as
amended, a central absentee voter precinct is hereby established
4itylo+- �dunt i; xd�iuildii�t „'37- 5- f�wnxh- ;krcruc -SSW= aie o;llce of the Gcncral
Registrar. 317 Kimball Accnue, A.E.. Roanoke, Virginia, at which all absentee
ballots will be received, counted, and recorded for all elections held in the city.
(b) The city manager is hereby authorized and directed to provide the
electoral board with adequate and sufficient room and office space t�khi+r0x+
a4aeieip;tl- 46i4'lingai �tithi11 the office of d e General Re,tisuar.
117 Kimball Avenue. �'1i.. Roauokc. Virginia, -for the purposes of the central
absentee voter precinct, which space when used for put-poses of elections held in
the city, shall be under the management and control of the electoral board.
A copy of this Ordinance shall be recorded in the official minutes of City Council,
The City Clerk and the City Manager are authorized to take all actions necessary to comply with
C'.NSersVCllc IAApppemlLocolATwnpAnoies[I UNCAV precinct relocnhon -,ode ame,,dmcu[ - Pom18 -Ii I6 (81 16) d,,
all opplicabfe requirements of' state code includinp, wihxnit limitations, Sections 24.2 - 300((')
and 24.2- 712(A), Cod, ut Virginia (1950) as amended.
This Ordinance shall be in full force and ellect immediately upon its adoption.
4. Pursuant to Section 12 of the Roanoke City Charter, the second reading of this
ordinance by title is hereby dispensed with.
ATTEST:
Chv Clerk,
C.1UserslCllcl IApp[) ztalLOCnI \Tc,nptiote E EP34\CAV po,i irelocat ion- co&al,,,rt -Fnal 8.15.16(8.4.16). clox
Daniel J. Callaghan
City Attorney
CITY OF ROANOKE
OFFICE OF THE CITY ATTORNEY
464 MUNICIPAL BUILDING
215 CI It AVENUE, SW
ROANOKE, VIRGINIA 240t1 -1595
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Ttil_EPLIONE 540 - 853.2431
FAX 540.853 -1221
EMAIL ciryattyC$roen.. ke, a.goc
August 15, 2016
Re: Proposed Ordinance to relocate the central absentee voter precinct
Timothy R. Spencer
Steven J. Talevi
David L. Collins
Heather P. Ferguson
Laura M. Carini
Assistant City Attorneys
Dear Mayor Lea and Members of Council:
This report is to provide you with a current status report regarding the relocation of the central absentee
voter precinct within the City.
Background
Currently, the City of Roanoke has 21 separate voter precincts throughout the City and one (I) central
absentee voter precinct at the Noel C. Taylor Municipal Building.
City staff has recommended that the central absentee voter precinct be relocated from its current location at
the Noel C. Taylor Municipal Building. The new location for the central absentee voter precinct at the
Office of the General Registrar located at 317 Kimball Avenue, N.E., is better suited for the activities of the
central absentee voter precinct since it has increased parking availability, improved accessibility, increased
storage space, training rooms- and access to public transportation as the new facility is located on the
Valley Metro bus route.
On February I, 2016, the City of Roanoke entered into a lease agreement (Lease) with A &M Enterprises,
L.P. to relocate the Office of the General Registrar to 317 Kimball Avenue, N.E., Roanoke, Virginia, subject
to completion of renovation to accommodate the requirements of the General Registrar, and subject to
approval by City Council in accordance with applicable law to relocate the offices of the General Registrar
or establish a new central absentee voter precinct. Pursuant to the terms of the Lease, the improvements to
the premises were completed on June 1, 2016, and rent payments commenced by the City.
the Office of the General Registrar moved to the new location at 317 Kimball Avenue, N.E., Roanoke,
Virginia, effective July 18, 2016. On Monday, June 20, 2016, Council authorized the scheduling of a public
hearing on July 18, 2016, or such later date, to consider adoption of an ordinance to relocate the central
absentee voter precinct from the Noel C. Taylor Municipal Building to its new location at 317 Kimball
Avenue, N.E. A public hearing was set for August 15, 2016, at 7:00pm and notice of the public hearing was
advertised on July 27, 2016 and August 3, 2016, in accordance with state code. The proposed Ordinance
was available for inspection in the Office of the City Clerk and is attached to this letter. In addition, a
proposed amendment is attached to this letter that corrects a recital in the original proposed Ordinance.
Recommended Action
Based on the foregoing, I recommend that Council conduct the public hearing set for Monday, August 15,
2016, at 7:00 p.m. on the attached proposed Ordinance amending and reordaining Section 10 -16, Central
absentee voter Precinct, Article 11, Election Districts; Votive Precincts acrd Pollin¢ Places, Chapter 10,
Elections, of the Code of the City of Roanoke (1979), as amended, and subject to comments received at the
public hearing, adopt the proposed Ordinance as amended.
"thank you for your consideration.
Sincerely,
City Siinc."eerelly,,
Daniel J. C�'agh�e�
City Attorney
Council Appointed Officers
Barbara A. Dameron, Director of Finance
R. Brian Townsend, Assistant City Manager for Community Development
Sherman M. Stovall, Assistant City Manager for Operations
Andrew Cochran, General Registrar
Kennic Harris, GIS Technician
Laura M. Carini, Assistant City Attorney
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
CITY OF ROANOKE OFFICE OF VOTER
REGISTRATION
STEPHANIE M. MOON REYNOLDS. ROANOKE
CITY CLERK
215 CHURCH AVENUE, S.W.
ROOM 456
ROANOKE, VA 24011
Account Number
6045834
Date
August 03, 2016
Date Category Description Ad Size Total Cost
0 810 912 01 6 Municipal Notices CITY OF ROANOKE, VIRGINA NOTICE OF PUBLIC HEARIN 1 x 82 L 817.64
Publisher of the
Roanoke Times
1, (the undersigned) an authorized representative of the
Roanoke Times, a daily newspaper published in Roanoke, in the
State of Virginia, do certify that the annexed notice CITY OF
ROANOKE, VIRGINA was published in said newspapers on the
following dates:
07127, 08103x2016
The First insertion being given ... 07/27/2016
Newspaper reference: 0000359854
Billing R presentative
Sworn to and subscribed before me this Wednesday, August 3, 2016
N tary Pul tic I
State of Virginia
City/County of Roanoke 1k
My Commission expires 7
THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU
ICIT1'CTER H: ', yi iia G ?9 al'Q(ti5D
CITY OF ROANOKE, VIRGINA
NOTICE OF PUBLIC HEARING FOR
THE ADOPTION OF AN
ORDINANCEFORTHE
RELOCATION OF THE CENTRAL
ABSENTEE VOTER PRECINCT IN
THE CITY OF ROANOKE, VIRGINIA
the Ncel C. Tayl
315 Church AR,
Viryinia, to o,
ordinance for t
central absentre
the City. As
Kimball Avenue, N.E. Roanoke,
Virginia
The proposed ordinance will amend
and reoNain Section 1016, Central
absentee voter precinct, Article II,
Election Districts; Voting Precincts and
Polling Places, Chapter 10, Elections,
Cade of the City of Roanoke (1979), as
amendeit to relocate the central
absentee voter precinct within the City
of Roanoke from the Noel C. Taylor
Building, 115 Church Avenue. S.W..
Roanoke, Virginia to the General
Registrar's Office located at 317
Kimball Avenue, N E., Roanoke.
Vir rum, A copy of the proposed
the City of Reauke to the General
Registrar's Office located at 311
Kimball Avenue. N.E., is rentable for
review in the Office of the City Clerk,
Room ho, NMI C. Taylor Municipal
Railding, 315 Church Avenue, SW.,
Roanoke, Virginia on and after
Wednesday, July R. 1016
All parties and interested persons may
appear on the above date and be heard
onthismatter. Ifyou areafterson with
alsffiillty who needs
accommodations for this hearing,
please contact the City Clerk's Office at
(S W) 353 1541, before noon oa
Thursday. August 11, 2016.
GIVEN under my hand this 37th day of
July, 21
Stephanie M. Moan Reynold, CMC
City Clerk.
(359851)
1)
v
CITY OF ROANOKE, VIRGINA
NOTICE OF PUBLIC HEARING FOR THE
ADOPTION OF AN ORDINANCE FOR THE RELOCATION OF THE CENTRAL
ABSENTEE VOTER PRECINCT IN THE CITY OF ROANOKE, VIRGINIA
The Council of the City of Roanoke will hold a public hearing on Monday, August 15,
2016, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber,
Room 450, in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke,
Virginia, to consider adopting an ordinance for the relocation of the central absentee voter
precinct within the City, as authorized by the provisions of Sections 24.2 -306 and 24.2 -712,
Code of Virginia (1950), as amended. The proposed ordinance will relocate the central absentee
voter precinct from the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke,
Virginia to the General Registrar's Office located at 317 Kimball Avenue, N.E., Roanoke,
Virginia.
The proposed ordinance will amend and reordain Section 10 -16, Central absentee voter
precinct, Article II, Election Districts; Voting Precincts and Polling Places, Chapter 10,
Elections, Code of the City of Roanoke (1979), as amended, to relocate the central absentee voter
precinct within the City of Roanoke from the Noel C. Taylor Building, 215 Church Avenue,
S.W., Roanoke, Virginia to the General Registrar's Office located at 317 Kimball Avenue, N.E.,
Roanoke, Virginia. A copy of the proposed ordinance which would relocate the central absentee
voter precinct within the City of Roanoke to the General Registrar's Office located at 317
Kimball Avenue, N.E., is available for review in the Office of the City Clerk, Room 456, Noel C.
Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, on and after
Wednesday, July 27, 2016.
All parties and interested persons may appear on the above date and be heard on this
matter. 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 noon on Thursday, August 11, 2016.
GIVEN under my hand this 27th day of July, 2016.
Stephanie M. Moon Reynolds, CMC
City Clerk.
Note to Publisher:
Please publish twice in The Roanoke Times, Legal Notices, on Wednesday, July 27, 2016, and
on Wednesday, August 3, 2016.
Please send bill to:
Registrar
317 Kimball Avenue, N.E.
Roanoke, VA 24016
(540) 853 -2281
Please send affidavit of publication to:
Stephanie M. Moon Reynolds
City Clerk's Office
456 Noel C. Taylor Municipal Building
215 Church Avenue, S.W.
Roanoke, VA 24011
(540) 853 -2541
Dave Orndorff
Executive Director
Blue Ridge Zoological Society of Virginia, Inc.
2404 Prospect Road
Roanoke, Virginia 24014
Dear Mr. Orndorff:
I am enclosing copy of Ordinance No. 40613 - 081516 authorizing the City Manager to
execute a lease agreement with the Blue Ridge Zoological Society of Virginia, Inc., for
the lease of City -owned property located in the City of Roanoke being the top portion of
that land commonly referred to as "Mill Mountain," designated as Roanoke City Official
Tax Map Nos, 4070507, 4070521, and 4060505, to be used by the Blue Ridge
Zoological Society of Virginia, Inc., to operate and maintain the Mill Mountain Zoo, upon
certain terms and conditions.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, August 15, 2016; and is in full force and effect upon its
passage.
Sincerely,
Stephanie M. Moon Reynolds, MMC
City Clerk
Enclosure
Lucy A. Cook, Executive Director, Mill Mountain Zoo, P. 0. Box 13484, Roanoke,
Virginia 24034
Christopher P. Morrill, City Manager
Daniel J. Callaghan, City Attorney
Barbara A. Dameron, Director of Finance
Michael Clark, Parks and Recreation Manager
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Rmrtn 456
Roanoke, Vit'ginia 24011 -1536
Telephmm: (540)8534541
Fnv (541))853 -1145
\TEPHANIF M. MOON REYNOLDS, MMC
E u nil: a ierk(nn'onnukevn.EUV
CECELIA F. MCCOV
City ('Irrk
Deputy Cip Clerk
CLCELIA1. WEBB,CM('
August 16, 2016
Assistant Deputy City Clerk
Dave Orndorff
Executive Director
Blue Ridge Zoological Society of Virginia, Inc.
2404 Prospect Road
Roanoke, Virginia 24014
Dear Mr. Orndorff:
I am enclosing copy of Ordinance No. 40613 - 081516 authorizing the City Manager to
execute a lease agreement with the Blue Ridge Zoological Society of Virginia, Inc., for
the lease of City -owned property located in the City of Roanoke being the top portion of
that land commonly referred to as "Mill Mountain," designated as Roanoke City Official
Tax Map Nos, 4070507, 4070521, and 4060505, to be used by the Blue Ridge
Zoological Society of Virginia, Inc., to operate and maintain the Mill Mountain Zoo, upon
certain terms and conditions.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, August 15, 2016; and is in full force and effect upon its
passage.
Sincerely,
Stephanie M. Moon Reynolds, MMC
City Clerk
Enclosure
Lucy A. Cook, Executive Director, Mill Mountain Zoo, P. 0. Box 13484, Roanoke,
Virginia 24034
Christopher P. Morrill, City Manager
Daniel J. Callaghan, City Attorney
Barbara A. Dameron, Director of Finance
Michael Clark, Parks and Recreation Manager
IN l'I W UOI INU[1, 01 'I'Ilk CITY OI' ROANOKE, VIRGINIA
The 15th day of At, gur.t, 2016.
No. 40617 - 08[916.
AN ORDINANC F authorizing the City Manager to execute a lease agreement with the
Blue Ridge Zoological Society of Virginia_ Inc.. for the lease of City -owned property located in
the City of Roanoke being the top portion of that land commonly rcfcrred to as "Mill Mountain,"
designated as Roanoke City Official Tax Map Nos, 4070507, 4070521, and 4060505; and
dispensing will' the second leading of this ordinance by title.
WIIGRFAS, a public having was held on August 15, 2016, pursuant to Sections 15.2-
1800 and 152 -1813. Code of Virginia (1950), as amended, at which hearing all parties in interest
and citizens were afforded an opportunity to be heard on the proposed lease.
THEREFORE, BE lT ORDAINED by the Council of the City of Roanokc as follows:
The City Manager is hereby authorized, to execute, in a form approved by the
City Attorney, a lease agreement with the Blue Ridge Zoological Society of Virginia, Inc. ( "the
Zoo "), to lease City -owned property located in the City of Roanoke being the top portion of that
land commonly referred to as "Mill Mountain," designated as Roanoke City Official Tax Map
Nos. 4070507, 4070521, and 4060505, to be used by the Blue Ridge Zoological Society of
Virginia, Inc., to operate and maintain the Mill Mountain Zoo. The new lease and agreement
provides for the following provisions: an initial term of one (1) year, with up to four additional
one (1) year terms upon mutual agreement of the parties, provided that either parry may
terminate the lease agreement with or without cause at any time during either the initial or any of
the renewal terms with sixty (60) days' written notice; an annual lease payment from the Zoo to
the City of $10 per year; the City providing a maximum of sixty (60) hours of tree maintenance
O -Lease -Mill Mountain Zco doc
and removal services per calendar year; annum lisail year operating, contributions of $35,120
imill the Cily to the Zoo, and, responsibility of the Zoo fur all opcnrtillg ntd nainterrncc cost,
nbovc the $53,120 contribution by the City, in addition to other certain terms and conditions, and
as more particularly described in the City Council Agencla Report elated August 15, 2016.
2. I'W'Sllant to the provi.eions of SCCt10n 12 ofthe City Chnitei, the second rending of
this ordinance by title is hereby dispemed with.
ATTEST).
rn
City 'leek.
PLense -Mill Mounmin Zoa,OOc
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: August 15, 2016
Subject: Mill Mountain Zoo Lease and Agreement
(CM 16- 00103)
Background:
Pursuant to the requirements of the Code of Virginia, the City of Roanoke is
required to hold a public hearing to authorize the leasing of City -owned
property, designated as portions of tax map numbers 4070507, 4070521, and
4060505, to the Blue Ridge Zoological Society of Virginia, Inc ( "BRZSV "). The
BRZSV is a non - profit organization which leases property on Mill Mountain for
the purpose of operating and maintaining the Mill Mountain Zoo.
The previous lease with BRZSV expired June 30, 2016, and the parties have
been diligently working to finalize the new lease.
The proposed lease is very similar to the previous five -year lease between the
City and the BRZSV. The new lease and agreement provides for the following
provisions: an initial term of one (1) year, with up to four additional one (1)
year terms upon mutual agreement of the parties, provided that either party
may terminate the lease agreement with or without cause at any time during
either the initial or any of the renewal terms with sixty (60) days' written notice;
an annual lease payment from BRZSV to the City of $10 per year; the City
providing a maximum of sixty (60) hours of tree maintenance and removal
services per calendar year; annual fiscal year operating contributions of
$33,120 from the City to the BRZSV; and, responsibility of BRZSV for all
operating and maintenance costs above the $33,120 contribution by the City.
Recommended Action:
Authorize the City Manager to execute a new lease with BRZSV, similar in form
to that which is attached to this report, for a period of one (1) year, subject to
up to four additional one -year term renewals upon mutual agreement of the
parties, retroactive to July 1, 2016. All documents shall be approved as to form
by the City Attorney.
-- - - - -- ------- M-- - - -- --
CH PHER P. ORRILL
City Manager
Distribution: Council Appointed Officers
R. Brian Townsend, Assistant City Manager
Barbara A. Dameron, Director of Finance
Michael Clark, Parks and Recreation Manager
THIS LEASE AND AGREEMENT (hereinafter referred to as "Agreement"), made and
entered into this the 1" day of July, 2016, by and between the CITY OF ROANOKE, hereinafter
referred to as the "City," and BLUE RIDGE ZOOLOGICAL SOCIETY OF VIRGINIA, INC.,
hereinafter referred to as the "Lessee ":
WITNESSETH:
WHEREAS, the City is the owner of certain land located in the City of Roanoke being
the top portion of that land commonly referred to as "Mill Mountain," which heretofore was
donated to the City for use and development as a recreational area for the general public; and
WHEREAS, situate on the aforementioned land is a facility commonly known as "Mill
Mountain Zoo;" and
WHEREAS, Blue Ridge Zoological Society of Virginia, Inc., a non -profit organization,
having offered to enter into an agreement with the City providing for its lease of the area in
which the Mill Mountain Zoo is located and providing for the corporation's continued operation
of the Mill Mountain Zoo, the City considers that such proposal would further the purposes for
which the land is held by it.
NOW, THEREFORE, the parties hereto enter into the following agreement concerning
the operation, maintenance and leasing of the aforesaid Mill Mountain Zoo facility:
1. Leased Premises:
(a) This Agreement shall govem that certain parcel of land on the top of Mill
Mountain described in, and attached to this Agreement as, Exhibit A, the description in such
Exhibit A being incorporated by reference herein, and that certain facility thereon identified as
Mill Mountain Zoo, such land, improvements being referred to as the Premises. The Premises
shall not include the miniature Zoo Choo train, its facilities, tracks and all equipment, machinery
and tools purchased by the Lessee and used in the operation of the Mill Mountain Zoo and not
permanently attached to the real property of the City. Title to the Premises, and any of the
articles of the property owned by the City on the first (I") day of this Agreement, shall remain in
the City. Furthermore, the Lessee will have reasonable and necessary rights of access to the
Premises over adjacent property of the City.
(b) Upon termination of this Agreement, and cessation of operation of a zoo
on the Premises, the Lessee shall deliver to the City the Premises in the same condition as the
Premises, or any additions thereto, were originally received, less normal wear and tear. In
addition, Lessee shall be responsible for the removal of the Zoo Chen train, its facilities, tracks
and equipment, within one hundred eighty (180) days of termination of this Agreement.
2. Consideration and Term: For and in consideration of the Lessee operating and
maintaining a zoo for animals for the benefit of the general public ( "Mill Mountain Zoo") and
other good and valuable consideration, the sufficiency of which is acknowledged, the City does
hereby lease the Premises to the Lessee for the sum of Ten Dollars and No Cents ($10.00) per
year. The first of such payments shall be due within thirty (30) days after both parties have
executed this Agreement, and each payment thereafter shall be due before July 1" of each year
this Agreement is in force. The first term shall commence on the I" day of July, 2016, and end
on the 3& day of June, 2017, subject to the termination rights of the City and the Lessee as set
forth below. The Agreement, or any amended version of the same, may be renewed for
additional one (1) year terms, commencing on the 1" day of July, and ending on the next 30ih day
of June, upon the mutual written agreement of the parties, for up to four (4) additional one (1)
year terms after the initial one (1) year term ends on June 30, 2017.
2
3. Termination: This Agreement may be terminated by either party at any time, for
any cause, or no cause, upon sixty (60) days written notice signed on behalf of either party.
4. Services Provided by City and others: The Lessee shall pay for all utilities,
including water, sewer, septic, telephone, cable, gas, electricity and solid waste removal,
consumed, used or needed, by the Lessee. The City shall forward to Lessee a check in the
amount of Thirty Three Thousand One Hundred Twenty Dollars and No Cents ($33,120.00),
within thirty (30) days after execution of this Agreement, and within thirty (30) days of the first
(lst) day of July each term this Agreement is in force thereafter, for such services. In the event
Lessee spends more than $33,120.00 for such services, Lessee remains liable for such expenses.
In the event the Lessee connects to the sanitary sewer system operated and maintained by the
Western Virginia Water Authority, the cost of such connection, operation and maintenance shall
be paid by Lessee. The City shall not be obligated hereunder to make any capital improvement
or expenditure of any kind on the leased Premises, and the City shall be under no duty to repair
or replace the Premises, or any part or portion thereof, during the term of this Agreement. The
City shall provide a maximum of sixty (60) hours tree maintenance and removal services per
calendar year. The Lessee will be responsible, at the Lessor's discretion and in accordance with
the Lessor's schedule, for such services beyond sixty (60) hours. Failure to comply by the
Lessee with the schedule established by the Lessor will constitute an agreement by the Lessee to
allow the Lessor to perform such services, or have such services performed by a third party at the
request of the Lessor, at the sole expense of the Lessee either in the form of a reduction of any
funding authorized under this Agreement during any year the Agreement is in force or in the
form of payment within fifteen days of receipt of an invoice from the City. The Lessee shall not
remove any tree, or maintain any tree, on the Premises, until such removal or maintenance has
3
been reviewed and approved in writing by the City's Urban Forester. In the event Lessee spends
more than Thirty Three Thousand One Hundred Twenty Dollars and No Cents ($33,120.00) for
such services, Lessee remains liable for such expenses.
5. Insurance Requirements Section:
The Lessee shall meet the following insurance requirements:
A. Neither the Lessee nor any subcontractor shall commence work under this
Agreement until the Lessee has obtained and provided proof of the required insurance coverages
to the City, and such proof has been approved by the City. The Lessee confirms to the City that
all subcontractors have provided Lessee with proof of such insurance, or will do so prior to
commencing any work under this Agreement.
B. Lessee, including all subcontractors, shall, at its and /or their sole expense,
obtain and maintain during the life of this Agreement the insurance policies and /or coverages
required by this section. The City and its officers, employees, agents, assigns, and volunteers
shall be added as an additional insured to the general liability and automobile coverages of any
such policies and such insurance coverages shall be primary and noncontributory to any
insurance and /or self insurance such additional insureds may have. The Lessee shall
immediately notify in writing the City of any changes, modifications, and /or termination of any
insurance coverages and/or policies required by this Agreement. The Lessee shall provide to the
City with the signed Agreement an Acord certificate of insurance which states in the description
of operations section one of the two paragraphs below:
(1) The City and its officers, employees, agents, assigns, and
volunteers are additional insureds as coverage under this policy includes ISO endorsement CG
20 33 which provides that the insured status of such entities is automatic if required by an
4
agreement or a written agreement. If additional insured status is automatic under a different
coverage form, Lessee must attach a copy of the coverage form to its certificate. Any required
insurance policies shall be effective prior to the beginning of any work or other performance by
Lessee and any subcontractors under this Agreement.
OR
(2) ISO endorsement CG 20 10 will be issued, prior to the beginning
of any work or other performance by Lessee under this Agreement, to the City and its officers,
employees, agents, assigns, and volunteers naming them as an additional insured under the
general liability coverage. A copy of the binder confirming the issuance must be attached to the
certificate. Any required insurance policies shall be effective prior to the beginning of any work
or other performance by Lessee and any subcontractors under this Agreement.
C. The minimum insurance policies and /or coverages that shall be provided
by the Lessee, including its subcontractors, include the following:
(1) Commercial General Liability: $1,000,000.00
$1,000,000.00 General Aggregate Limit (other than Products /Completed Operations).
$1,000,000.00 Products /Completed Operations Aggregate Limit.
$1,000,000.00 Personal Injury Liability (including liability for slander, libel, and defamation of
character).
$1,000,000.00 each occurrence limit
(2) Automobile Liability: $1,000,000.00 combined single limit with
applicable endorsement to cover waste cargo.
(3) Workers' Compensation and Employer's Liability:
Workers' Compensation: statutory coverage for Virginia
5
Employer's Liability:
$100,000.00 Bodily Injury by Accident each occurrence
$500,000.00 Bodily Injury by Disease Policy Limit.
$100,000.00 Bodily Injury by Disease each employee.
(4) The required limits of insurance for this Agreement may be
achieved by combining underlying primary coverage with an umbrella liability coverage to apply
in excess of the general and automobile liability policies, provided that such umbrella liability
policy follows the form of the underlying primary coverage.
(5) Such insurance policies and/or coverages shall provide for
coverage against any and all claims and demands made by a person or persons or any other entity
for property damages or bodily or personal injury (including death) incurred in connection with
the services, work, items, and /or other matters to be provided under this Agreement with respect
to the commercial general liability coverages and the automobile liability coverages. With
respect to the workers' compensation coverage, Lessee's and its subcontractors' insurance
company shall waive rights of subrogation against the City and its officers, employees, agents,
assigns, and volunteers.
D. Proof of Insurance Coverage:
(1) Lessee shall fumish the City with the above required certificates of
insurance showing the type, amount, effective dates, and date of expiration of the policies.
(2) Where waiver of subrogation is required with respect to any policy
of insurance required under this Section, such waiver shall be specified on the certificate of
insurance.
E. Insurance coverage shall be in a form and with an insurance company
0
approved by the City, which approval shall not be unreasonably withheld. Any insurance
company providing coverage under this Agreement shall be authorized to do business in the
Commonwealth of Virginia.
F. The Lessee's insurance policies and/or coverages shall not contain any
exclusions for the Lessee's subcontractors.
G. The continued maintenance of the insurance policies and coverages
required by the Agreement is a continuing obligation, and the lapse and/or termination of any
such policies or coverages without approved replacement policies and/or coverages being
obtained shall be grounds for termination of the Lessee for default.
H. Nothing contained in the insurance requirements is to be construed as
limiting the liability of the Lessee, and/or its subcontractors, or their insurance carriers. The City
does not in any way represent that the coverages or the limits of insurance specified are sufficient
or adequate to protect the Lessee's interest or liabilities, but are merely minimums. The
obligation of the Lessee, and its subcontractors, to purchase insurance shall not in any way limit
the obligations of the Lessee in the event that the City or any of those named above should suffer
any injury or loss in excess of the amount actually recoverable through insurance. Furthermore,
there is no requirement or obligation for the City to seek any recovery against the Lessee's
insurance company before seeking recovery directly from the Lessee.
6. Indemnification and Hold Harmless: The Lessee agrees to indemnify and hold
harmless the City, its officers, agents, volunteers, and employees, from any and all claims, legal
actions and judgments and for expenses, including attorney fees, incurred in this regard, arising
out of the Lessee's intentional acts and negligent acts or omissions with respect to the rights or
privileges granted by the City to the Lessee in this Agreement.
7
7. Compliance with Law: The Lessee agrees to design, construct, operate and
maintain the Premises and the Mill Mountain Zoo in compliance with all applicable laws,
regulations and ordinances, and the Lessee agrees to employ and provide sufficient personnel for
the proper operation of the Mill Mountain Zoo. The Lessee shall operate and maintain the Mill
Mountain Zoo in a manner which meets the requirements of the American Zoo and Aquarium
Association ( "AZA "), and the Lessee shall receive, and have effective, unconditional and full
accreditation from the AZA during the entire term of this Agreement. A copy of any certificate
or letter granting such accreditation, setting forth the term of accreditation, or any renewal of
such accreditation, shall be forwarded to the Director of Parks and Recreation for the City of
Roanoke within ten (10) business days after receipt of the same by Lessee. A copy of such letter
or certificate in effect on the date of this Agreement shall be attached as Exhibit B to this
Agreement. The rental rate of $10.00 per year is contingent upon the Lessee obtaining
accreditation. If such accreditation is not granted, renewed, or otherwise in effect, for any
reason, the rental rate will be five thousand ten dollars and no cents ($5,010.00) per year, payable
on April I" of the next calendar year this Agreement is in effect between the parties. If
accreditation guidelines change before this Agreement expires or is terminated, making it
difficult for the lessee to maintain AZA accreditation, the yearly rental rate may be amended by
mutual agreement of the parties in accordance with the terms of this Agreement.
8. Ownership of Animals: The animals on hand at the commencement of this
Agreement shall be the property of the Lessee and may be disposed of or sold by the Lessee so
long as the Premises are subject to this Agreement. Animals born to or sired after the
commencement of this Agreement, and all breeding interest therein or rights thereto shall be the
property of the Lessee when the animals are bom, sired or otherwise acquired. All animals
F
purchased by the Lessee shall remain the property of the Lessee and may be sold or otherwise
disposed of by said Lessee. The Lessee shall provide adequate care and housing for all animals
upon and after the commencement of this Agreement.
9. Altering Premises by Lessee: The City agrees that the Lessee shall have the right
to alter or remove existing and future improvements or facilities on the Premises, subject in all
cases, to the written approval of the City Manager of the City of Roanoke first obtained, and
upon the condition that the City determines that any such activity is not detrimental to the City's
overall development of Mill Mountain as a recreational area and subject further to the Lessee
providing, prior to any construction or similar activity, such liability insurance and labor and
material payment bonding as may be required by the City. The Lessee recognizes and agrees
that there shall be no expansion of the boundaries of the Mill Mountain Zoo without prior
approval of Roanoke City Council.
10. Additions to Premises: All improvements constructed subsequent to the date of
this Agreement by the Lessee and permanently attached to the Premises with the exception of
such improvements related to the Zoo Chou train, its tracks, equipment and facilities, shall
become the property of the City at the termination of this Agreement. All equipment, machinery
and tools purchased by the Lessee and used in the operation of the Mill Mountain Zoo and not
permanently attached to the real property of the City shall remain the property of the Lessee.
11. Concession: The Lessee shall have the exclusive control of and right to all
concession sales and revenue therefrom on the Premises during the term of this Agreement.
12. Operation of Mill Mountain Zoo: All matters of management, operation and
policy for the Mill Mountain Zoo, including admissions charges, hours of operation and the like
shall be in the discretion of the Lessee, but the Lessee agrees to comply with all applicable
91
federal, state and local ordinances, rules and regulations relative to the use of Mill Mountain and
applicable to the Premises. Any applicable admissions taxes imposed, generally, by the City, the
Commonwealth of Virginia or other governmental agencies having jurisdiction, shall be
collected, reported, and accounted for, by the Lessee, and paid to the City, as provided by
general ordinance or law.
13. Compliance With Environmental Protection Laws:
(a) The Lessee covenants and agrees to design, construct, maintain and
operate the Premises and the Mill Mountain Zoo strictly in accordance with all applicable
federal, state and local environmental protection laws, regulations, rules and orders, including
but not limited to those laws relating to the storage, disposal and presence of Hazardous
Substances (the term "Hazardous Substances" used herein has the same meaning as given that
term and to the term "hazardous wastes" in 42 U.S.C. §9601), disposal of solid waste, release or
emission of pollutants or Hazardous Substances into the air or soil or into groundwater or other
waters, applicable water and sewer regulations, and erosion and sedimentation control
(collectively, "Environmental Law "). The Lessee covenants that it has either acquired heretofore
or shall acquire, prior to or at the time required by applicable law, all environmental permits and
licenses required by any Environmental Law in connection with the maintenance and operation
of the Mill Mountain Zoo.
(b) The Lessee covenants that it shall indemnify, defend and hold the City, its
successors, assigns, directors, officers, employees, volunteers, agents and lenders harmless from
all response costs, damages, expenses, claims, fines and penalties, including attorney fees,
incurred by the City, its successors, assigns, directors, officers, employees, volunteers, agents
and lenders as the result of any violation by Lessee, or any predecessor in interest to or any
10
person acting with permission of Lessee of any Environmental Law or as the result of any
necessary repair, cleanup, closure or detoxification of the property upon which the Mill
Mountain Zoo is located or upon land in the vicinity of the Mill Mountain Zoo if due to
conditions caused by the Lessee, predecessor in interest to or any person acting with permission
of Lessee, or as a result of a misrepresentation made by the City based upon information
supplied by the Lessee to the City. These provisions in this section shall survive the termination
of this Agreement.
(c) The Lessee shall immediately notify and advise the City of (i) any and all
enforcement, cleanup, removal, investigation or other governmental or regulatory actions
instituted or threatened against the Lessee with respect to any Environmental Law applicable to
the Zoo, and (ii) any and all claims made or threatened by any third person against the City, or
the Lessee relating to any Environmental Law applicable to the City or the Lessee, or the Mill
Mountain Zoo or to injury to any person or property because of a Hazardous Substance on or
from the Mill Mountain Zoo.
(d) The Lessee hereby grants and gives to the City, its agents and employees
the right and license to enter the Mill Mountain Zoo, without notice, at any reasonable time to
inspect the Mill Mountain Zoo or to conduct a reasonable environmental investigation, including
but not limited to an environmental assessment or audit of the Mill Mountain Zoo to satisfy the
City that the Mill Mountain Zoo is free from environmental contaminations and hazards. The
City may employ engineers to conduct such investigations on the City's behalf, and the Lessee
shall give to such engineers the same rights and licenses as the City may have pursuant to this
Section. The Lessee shall from time to time and upon the request of the City, give to the City or
to whomever the City may designate such assurances as may be necessary to show that the Mill
Mountain Zoo is in compliance with any and all Environmental Law. The City shall use its best
efforts to minimize interference with the Lessee's business but shall not be liable for any
interference or harm caused by the City's exercise of its rights under this Section.
(e) At the commencement date of this Agreement, and on July 1 of each year
thereafter (all such dates being hereinafter called "Disclosure Dates "), including July 1 of the
year after the termination of this Agreement, the Lessee shall disclose in writing to the City
Manager and the Environmental Specialist for the City of Roanoke, 215 Church Avenue, S.W.,
Room 364, Roanoke, Virginia 24011, the names and amounts of all Hazardous Substances,
which were stored, used or disposed of at the Mill Mountain Zoo, or which the Lessee intends to
store, use or dispose of at the Mill Mountain Zoo, for the year prior to and after each Disclosure
Date. The City, in its sole and absolute discretion, may consent or decline to consent to the
Lessee's storage or use, or both, of any Hazardous Substance, provided that (i) the Lessee shall
store such matter in leakproof containers, (it) such storage and use does not constitute a violation
of any Environmental Law, and (iii) the Lessee shall use such matter in accordance with all
Environmental Law.
14. Removal of Structures and Animals:
(a) At the expiration or termination of the Agreement, if it becomes necessary
to remove structures on the premises, or to dispose of, or transfer animals, Lessee agrees to
remove such structures, or dispose of, or transfer such animals at its own expense within a
reasonable time after notice from the City. All demolition and related work, and all disposition
or transfer of animals, shall be done diligently and in conformity with all legal and safety
requirements, in a good and workmanlike manner, and in accordance with any reasonable
standards required by the City.
12
(b) In the event that the Agreement is terminated by either party at any time,
or in the event that the Agreement lapses by its own terms, the Lessee will take on the
responsibility of properly closing the Zoo and maintaining, relocating or selling in a proper
manner the collection of animals acquired or maintained by the Lessee at the time of termination
or lapse. Such relocation or sale of animals shall take place in accordance with the guidelines
and regulations promulgated by the AZA and the United States Department of Agriculture in
effect at the time of such termination or lapse.
15. Assignment of Lease: The Lessee shall have no right to assign or sublet the
Premises, or any portion thereof, to any other party without the prior written consent of the City,
which consent shall not be unreasonably withheld or delayed. If such consent is given, however,
it is with the understanding that notwithstanding the sublease or assignment, the Lessee shall,
nevertheless remain liable to the City pursuant to the provisions in this Agreement. The Lessee
shall deliver a fully- executed copy of any permitted assignment or sublease to the City
immediately upon its execution. In the event the City consents to an assignment or sublease,
such consent shall not approve future subleases or assignments of all or any portion of the
Premises, which right is specifically reserved.
16. Non- Discrimination: During the performance of this Agreement, the Lessee
agrees as follows:
(a) The Lessee will not discriminate against any employee or applicant for
employment because of race, religion, color, sex, national origin, age, disability, or any other
basis prohibited by state law relating to discrimination in employment, except where there is a
bona fide occupational qualification reasonably necessary for the normal operation of the Lessee.
The Lessee agrees to post in conspicuous places, available to employees and applicants for
13
employment, notices setting forth the provisions of this nondiscrimination clause.
(b) The Lessee, in all solicitations or advertisements for employees placed by
or on behalf of the Lessee, will state that such Lessee is an equal opportunity employer.
(c) Notices, advertisement and solicitations placed in accordance with federal
law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of
this section.
(d) The Lessee will include the provisions of the foregoing subsections 16 (a),
(b) and (c) in every agreement or purchase order of over ten thousand dollars and no cents
($10,000.00) so that the provisions will be binding upon each Lessee or vendor.
17. The Lessee will: (i) provide a drug -free workplace for the Lessee's employees;
(ii) post in conspicuous places, available to employees and applicants for employment, a
statement notifying employees that the unlawful manufacture, sale, distribution, dispensation,
possession, or use of a controlled substance or marijuana is prohibited in the Lessee's workplace
and specifying the actions that will be taken against employees for violations of such prohibition;
(iii) state in all solicitations or advertisements for employees placed by or on behalf of the Lessee
that the Lessee maintains a drug -free workplace; and (iv) include the provisions of the foregoing
clauses in every subcontract or purchase order of over $10,000, so that the provisions will be
binding upon each subcontractor or vendor. For the purpose of this subsection, "drug -free
workplace" means a site for the performance of work done in connection with this Agreement.
18. Negotiation: This Agreement has been fully negotiated by and between the
parties and shall be construed as if both parties had an equal responsibility in the drafting hereof.
19. Entire Agreement: This Agreement represents the entire integrated agreement
between the parties and supersedes all prior negotiations, representations or agreements, either
14
written or oral. This Agreement shall not be amended or modified except by written instrument
signed by both parties.
20. Successors: Except as otherwise specifically provided herein, the terms and
provisions of this Agreement shall be binding upon, and shall inure to the benefit of, the
successors and assigns of the parties.
21. No Waiver: No failure of any party to insist upon strict observance of any
provision of this Agreement, and no custom or practice of the parties at variance with the terms
hereof, shall be deemed a waiver of any provision of this Agreement in any instance.
22. Notice: Any notice, request, or demand given or required to be given under this
Agreement shall, except as otherwise expressly provided herein, be in writing and shall be
deemed to have been given when mailed by United States Registered Mail, postage prepaid, to
the other party at the address stated below.
To the City: City Manager
Room 364, Noel C. Taylor Municipal Building
215 Church Avenue, S. W.
Roanoke, VA 24011
To the Lessee: Blue Ridge Zoological Society of Virginia, Inc.
c/o Mill Mountain Zoo
P. O. Box 13484
Roanoke, VA 24034
15
IN WITNESS WHEREOF, the parties hereto have executed the same as of the day and
year first above written:
ATTEST:
Stephanie M. Moon, City Clerk
ATTEST:
By
Secretary
Approved as to Form:
Assistant City Attorney
CITY OF ROANOKE
By
Christopher P. Morrill
City Manager
BLUE RIDGE ZOOLOGICAL SOCIETY
OF VIRGINIA, INC.
President
Approved as to Execution
Assistant City Attorney
16
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TAX ID: 4070507 �
I 4Z-
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♦ '
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MAP SHOWING AREA TO BE LEASED BY
.�
' THE BLUE RIDGE ZOOLOGICAL SOCIETY
.�.5 FROM THE
CITY OF ROANOKE, VA
_ t r SITUATE ON MILL MOUNTAIN
z
TOTAL LEASE AREA= 12.6 ACRES
9. 0 50 100 200
�A�i ii OFeel
/4s
;e" DATFOFMAP 12APR 201 CRF 7EI='CUL0 -kn
.�?+✓► THIS DRAWING WAS CREATED USING RECORDS ON HAND AT THE
'
'�oNTpl GTV OF ROANOKE AND DOES NOT CONSTITUTE ALEGPL SURVEY
Al I Q1 RAQCG�
Exhibit A
The Roanoke Times Account Number
Roanoke, Virginia 6055943
Affidavit of Publication
Date
August 04, 2016
CITY CLERK
NOEL C. TAYLOR MUNICIPAL BUILDING
215 CHURCH AVE. S.W.
ROANOKE, VA 24011
Data Category Dio coh,lion Ad Size Total Cost
08/1012016 Legal Notices NOTICE OF PUBLIC HEARING The City of Roanoke propose 1 x 82 L 443.92
Publisher of the
Roanoke Times
I, (the undersigned) an authorized representative of the
Roanoke Times, a daily newspaper published in Roanoke, in the
State of Virginia, do certify that the annexed notice NOTICE OF
PUBLIC HEARING was published in said newspapers on the
following dates:
08/04/2016
The First insertion being given ... 06/04/2016
Newspaper reference: 0000366546
THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU
(ling Rep ese tative
Sworn to and subscribed before this Thursday, August
4, 2016
w�
Notary Publi
-
StateofVirginia
"No.
City /County of Roanoke
l�l ""I`�
My Commission expires
v ass:
- �j 3Q��P1
106
THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU
NOTICE OF PUBLIC HEARING
The City of Roanoke proposes to lease
City owned property, designated as
portions of Official Tax Map numbers
4070 am. 4070521, and 4061 to the
Blue Ridge ZoolOgiml Satiety of
Viginia, IF,. FBRZSV), for the purpose
of operating and maintaining Mill
Mountain Zoo. The new lease and
agreement provides far the following
wovisions: an initial term of one (1)
year, with up to faur(4) additional one
(1) year terms upon mutual agreement
of the parties, provided that either
partly may terminate the lease
agreement with or without cause at
any time during either the Initial or any
of the renewal terms with sixty (60)
day written notice; a annual lease
payment from BRZSV to the City Of $10
per year; the City providing a
an m of sixty (60) hours of tree
maintenance and removal services per
calendar year; annual fiscal year
operating contributions of $33,120 from
the City to the Fill and,
responsibility of BRZSV for all
operating and maintenance costs
above the $33,120 contribution by the
City.
Pursuant to the requirements of
Virginia Code Sections 15.2 185) and
15.2 - 11113, Cade of Virginia (195)1, as
tmended, notice is hereby given that
he City Council of the City of Roanoke
will had A Wblic hearing on the above
matter at its regular meeting to be held
on Monday, August 15, 2016,
sing at r:5) p.m., or as soon as
commencing
may be heard, in the Council
Chamber. 4m flour, Noel a Taylor
Municipal Building, 215 Church Avenue.
S.W.. Roanoke. Virginia 24011. A copy
Citizens shall have the Opportunity to
be heard and express their opinions on
said Framer.
If you are a person with a disability
who needs accommodations for this
hearing, please contact he City Clerk's
Office at (540) 853 Viet, before 12:07
noon on Transit August 11, 2516.
GIVEN comer my hand this 1st do, of
August, 2016.
Aephanie hl. Moon Reyuglu
City Clerk
�1tia,b
NOTICE OF PUBLIC HEARING
The City of Roanoke proposes to lease City -owned property, designated as portions of
Official Tax Map numbers 4070507, 4070521, and 4060505, to the Blue Ridge
Zoological Society of Virginia, Inc. ( BRZSV), for the purpose of operating and
maintaining Mill Mountain Zoo. The new lease and agreement provides for the
following provisions: an initial term of one (1) year, with up to four (4) additional one
Q) year terms upon mutual agreement of the parties, provided that either party may
terminate the lease agreement with or without cause at any time during either the initial
or any of the renewal terms with sixty (60) day written notice; an annual lease payment
from BRZSV to the City of $10 per year; the City providing a maximum of sixty (60)
hours of tree maintenance and removal services per calendar year; annual fiscal year
operating contributions of $33,120 from the City to the BRZSV; and, responsibility of
BRZSV for all operating and maintenance costs above the $33,120 contribution by the
City.
Pursuant to the requirements of Virginia Code Sections 15.2 -1800 and 15.2 -1813,
Code of Virginia (1950), as amended, notice is hereby given that the City Council of the
City of Roanoke will hold a public hearing on the above matter at its regular meeting to
be held on Monday, August 15, 2016, commencing at 7:00 p.m., or as soon as the matter
may be heard, in the Council Chamber, 4 °i Floor, Noel C. Taylor Municipal Building,
215 Church Avenue, S.W., Roanoke, Virginia, 24011. A copy of the proposed lease is
available for review at the Office of the City Clerk, Room 456, Noel C. Taylor Municipal
Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011, on and after Thursday,
August 4, 2016. Further information is available from the Office of the City Clerk for the
City of Roanoke at (540) 853 -2541.
Citizens shall have the opportunity to be heard and express their opinions on said
matter.
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,
August 11, 2016.
GIVEN under my hand this 1stday of August , 2016.
Stephanie M. Moon Reynolds,
City Clerk
PLEASE PUBLISH ONCE IN THE LEGAL ADS, ROANOKE TIMES, ON
THURSDAY, AUGUST 4, 2016.
Send Publisher's Affidavit to:
City Clerk
Noel C. Taylor Municipal Building,
Room 456
215 Church Avenue, S.W.
Roanoke, VA 24011
540- 853 -2541
Send Bill to:
Blue Ridge Zoological Society of Virginia, Inc.
c/o Mill Mountain Zoo
P. O. Box 13484
Roanoke, VA 24034
540- 343 -3241
Dr. Rita Bishop, Superintendent
Roanoke City Public Schools
P. O. Box 13145
Roanoke, Virginia 24031
Dear Dr. Bishop:
I am enclosing copy of Ordinance No. 40614 - 081516 to amend a Planned Unit
Development Plan and conditions previously proffered as a condition of a conditional
rezoning pertaining to 2102 Grandin Road, S.W., bearing Official Tax Map No.
1460101, as set forth in the Zoning Amendment Amended Application No. 3 dated
August 8, 2016.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, August 15, 2016; and is in full force and effect upon its
passage.
Sincerely,
�-n' mov,
mStephanie M. Moon Reyn s, MM
City Clerk
Enclosure
Richard Rife, Rife + Wood Architects, 1326 Grandin Road, S. W., Roanoke,
Virginia 24015
Christopher P. Morrill, City Manager
Daniel J. Callaghan, City Attorney
Steven J. Talevi, Assistant City Attorney
Ian D. Shaw, Planning Commission Agent
Susan Lower, Director of Real Estate Valuation
Philip Schirmer, City Engineer
Tina Carr, Secretary, City Planning Commission
OF ROANOKE
ECITY
OFFICE OF THE CITY CLERK
215 Chi., rh Avennc, S. W., Room 456
Roanoke, Virginia 24011 -1536
Telephone: (540)953 -3541
Eiv (540)853 -1145
STEPHANIE M. MOON REYNOLDS, MMC
E -ninlL elerk(n:raormke...4ov
CECELIA F. MCCOY
('ily (Ierk
Deputy City Clerk
CECELIA T. W EBB, CMC
Axehtani Deputy, City Clerk
August 16, 2016
Dr. Rita Bishop, Superintendent
Roanoke City Public Schools
P. O. Box 13145
Roanoke, Virginia 24031
Dear Dr. Bishop:
I am enclosing copy of Ordinance No. 40614 - 081516 to amend a Planned Unit
Development Plan and conditions previously proffered as a condition of a conditional
rezoning pertaining to 2102 Grandin Road, S.W., bearing Official Tax Map No.
1460101, as set forth in the Zoning Amendment Amended Application No. 3 dated
August 8, 2016.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, August 15, 2016; and is in full force and effect upon its
passage.
Sincerely,
�-n' mov,
mStephanie M. Moon Reyn s, MM
City Clerk
Enclosure
Richard Rife, Rife + Wood Architects, 1326 Grandin Road, S. W., Roanoke,
Virginia 24015
Christopher P. Morrill, City Manager
Daniel J. Callaghan, City Attorney
Steven J. Talevi, Assistant City Attorney
Ian D. Shaw, Planning Commission Agent
Susan Lower, Director of Real Estate Valuation
Philip Schirmer, City Engineer
Tina Carr, Secretary, City Planning Commission
Dr. Rita Bishop, Superintendent
August 16, 2016
Page 2
Unitarian Universalist Church of Roanoke, 2015 Grandin Road, S. W., Roanoke
Virginia 24015
Curtis E. and Ellen F. Fuller, 1942 Brandon Avenue S. W., Roanoke, Virginia
24015
Darrell R. Craighead, 1684 Millbridge Road, Salem, Virginia 24153
Whitney J. Penny, 1930 Brandon Avenue S. W., Roanoke, Virginia 24015
Claude A. and Mary C. Hodges , 5206 Squires Court, Roanoke, Virginia 24018-
4170
Vernon E. Jolley, Jr. and Susan Daphne Jolley, 1922 Brandon Avenue, S. W.,
Roanoke, Virginia 24015
Peter C. and Alison C. Matthiessen, 1918 Brandon Avenue, S. W., Roanoke,
Virginia 24015
Frances Kastler, 1108 Brandon Avenue, S. W., Roanoke, Virginia 24015
George W. Williams, 1994 Browns Gap Turnpike, Charlottesville, Virginia 22901
M and W Properties, Inc., 1348 Lakewood Drive, S. W., Roanoke, Virginia
24015
Andrew J. Hickling, 7724 Knollwood Circle, Charlotte, North Carolina 28213
Elisabeth G. Velazquez, 1832 Brandon Avenue, S. W., Roanoke, Virginia 24015
Mark E. Barker, 1828 Brandon Avenue, S. W., Roanoke, Virginia 24015
Michael W. and Cathy L. Pegram, 1824 Brandon Avenue, S. W., Roanoke,
Virginia 24015
George C. Koss, 2854 Fairway Forest, Salem, Virginia 24153
Tiffany K. Worstell, 1810 Brandon Avenue, S. W., Roanoke, Virginia 24015
Julia K. Pugh, 1806 Brandon Avenue, S. W., Roanoke, Virginia 24015
Thomas Wayne Frantz, 1714 Brandon Avenue, S. W., Roanoke, Virginia 24015
Dale E. and Lora J. Wilkinson, 1710 Brandon Avenue, S. W., Roanoke, Virginia
24015
James H. Brown, 1702 Brandon Avenue, S. W., Roanoke, Virginia 24015
Elizabeth W. Marsh, 2621 Oak Hill Lane, S. W., Roanoke, Virginia 24015
Benjamin C. Davis, 2111 Grandin Road, S. W., Roanoke, Virginia 24015
Ronald B. Kemnitzer, 2103 Grandin Road, S. W., Roanoke, Virginia 24015
Matthew Calb Johnson, 2343 Carter Road, S. W., Roanoke, Virginia 24015
Trustees of St. Elizabeth's Episcopal Church, P. O. Box 4706, Roanoke, Virginia
24015
Gregory L. Robinson, 2255 Grandin Road, S. W., Roanoke, Virginia 24015
James P. Gilmer, III and Arliss Jill M. Gilmer, 2243 Grandin Road, S. W.,
Roanoke, Virginia 24015
Jeffrey J. and Christina B. Hatch, 2239 Grandin Road, S. W., Roanoke, Virginia
24015
Curtis Edward and Nan Rae Marion Fooks , 2231 Grandin Road S. W., Roanoke,
Virginia 24015
George Ray Snow, P. 0. Box 338, Salem, Virginia 24153
Neale J. and Mary A. Huff, 2215 Grandin Road, S. W., Roanoke, Virginia 24015
Elaine A. Noell Trustee, 2201 Grandin Road, S. W., Roanoke, Virginia 24015
Dr. Rita Bishop, Superintendent
August 16, 2016
Page 3
Ming Hua Cao, 1302 Belle Aire Lane, Roanoke, Virginia 24018
William H. Tanger, 2412 Guilford Avenue, S. W., Roanoke, Virginia 24015
James M. Mcleese, 2416 Guilford Avenue, S. W., Roanoke, Virginia 24015
Terra D. Fankell, 2420 Guilford Avenue, S. W., Roanoke, Virginia 24015
Oakview Drive, LLC, P. O. Box 3265, Roanoke, Virginia 24015
James E. and Jean K. Loesel, 2428 Guilford Avenue, S. W., Roanoke, Virginia
24015
Patricia G. Wilson, 2432 Guilford Avenue, S. W., Roanoke, Virginia 24015
Miriam Frazier, 2436 Guilford Avenue, S. W., Roanoke, Virginia 24015
Kristen V. Pevarski, 2440 Guilford Avenue, S. W., Roanoke, Virginia 24015
Kevin W. Kotz, 2502 Guilford Avenue, S. W., Roanoke, Virginia 24015
John R. Patterson, 2508 Guilford Avenue, S. W., Roanoke, Virginia 24015
David K. Cumins, 2735 Richelieu Avenue, S. W., Roanoke, Virginia 24014
Brenda R. Page, 2602 Guilford Avenue, S. W., Roanoke, Virginia 24015
Dinia M. Pease, 2608 Guilford Avenue, S. W., Roanoke, Virginia 24015
James M. Wynn, 2612 Guilford Avenue, S. W., Roanoke, Virginia 24015
Alice Carol Tuckwiller, 2616 Guildford Avenue, S. W., Roanoke, Virginia 24015
Marvin C. and Sandra S. Harrison, 2620 Guilford Avenue, S. W., Roanoke,
Virginia 24015
Colin P. and Judith C. Lunsford, 2624 Guilford Avenue, S. W., Roanoke, Virginia
24015
Harriet G. Vance, 1656 Center Hill Drive, S. W., Roanoke, Virginia 24015
Michael P. and April M. Snow, 1639 Persinger Road, S. W., Roanoke, Virginia
24015
Samuel F. III and Deanne A. Vance, 1640 Persinger Road, S. W., Roanoke,
Virginia 24015
M. Diane Thomason, 2429 Mount Vernon Road, S. W., Roanoke, Virginia 24015
Ronald Ray Henderson, Sr. and Shirley Henderson, 2421 Mount Vernon Road,
S. W., Roanoke, Virginia 24015
Maureen S. Eiger, 2415 Mount Vernon Road, S. W., Roanoke, Virginia 24015
Kermit E. and Elizabeth B. Hale, 2222 Blenheim Road, S. W., Roanoke, Virginia
24015
McLaren G. Westland, 2216 Blenheim Road, S. W., Roanoke, Virginia 24015
Carilion Clinic Properties, LLC, P. O. Box 12385, Roanoke, Virginia 24025
Evie Edwan Robison, 2517 Mount Vernon Road, S. W., Roanoke, Virginia 24015
Lynn C. and Mary S. Via, 2513 Mount Vernon Road, S. W., Roanoke, Virginia
24015
Jason A. Green, 2507 Mount Vernon Road, S. W., Roanoke, Virginia 24015
Kerry L. Morgiewicz and Seweryn R. Morgiewicz, 2501 Mount Vernon Road, S.
W., Roanoke, Virginia 24015
Betty G. Durham, 1743 Blair Road, S. W., Roanoke, Virginia 24015
James M. and Dana M. George, 2340 Blenheim Road, S. W., Roanoke, Virginia
24015
Robert G Jennings, 1744 Blair Road, S. W., Roanoke, Virginia 24015
Louise H Vermillion, 3239 Clearview Drive, Roanoke, Virginia 24018
Dr. Rita Bishop, Superintendent
August 16, 2016
Page 4
James E. and Connie L. Hogan, 2702 Guilford Avenue, S. W., Roanoke, Virginia
24015
Jason M. Branin, 2708 Guilford Avenue, S. W., Roanoke, Virginia 24015
Donald R. and Barbara Jean Bolles, 1067 San Marcos Court, Moneta, Virginia
24121
Janet J. Hamrick, 2716 Guilford Avenue, S. W., Roanoke, Virginia 24015
Patricia M. Hillman, 17426 Nicks Drive, Spring Hill, Florida 34610
Nancy Ball Henderson, 831 Chalmers Drive, Venice, Florida 34293 -4399
Nancy Weekly, 2728 Guilford Avenue, S. W., Roanoke, Virginia 24015
Theodore M. and Dianne W. Smith, 2732 Guilford Avenue, S. W., Roanoke,
Virginia 24015 -4116
Rosalind Properties, LLC, 2113 Rosalind Avenue, S. W., Roanoke, Virginia
24014
Terry L. and Phyllis M. Clifton, 28006 Guilford Avenue, S. W., Roanoke, Virginia
24015
Anna Dent Murray Life Estate, 2810 Cuilford Avenue, S. W., Roanoke, Virginia
24015
A E H Properties, LLC, 225 Heidinger Drive, Cary, North Carolina 27511
John P. and Nancy J. Fudge, 2902 Guilford Avenue S. W., Roanoke, Virginia
24015
Katrina A. and Balserak Virginia Mabery, 2912 Guilford Avenue S. W., Roanoke,
Virginia 24015
Michael C. II and Kristie W. Lipscomb, 2916 Guilford Avenue, S. W., Roanoke,
Virginia 24015
Robert B. Brown, 2922 Guilford Avenue, S. W., Roanoke, Virginia 24015
Jeffrey K. and Michelle R. Floyd, 2928 Guilford Avenue, S. W., Roanoke, Virginia
24015
Daniel R. and Laura A. Foutz, 3002 Guilford Avenue, S. W. , Roanoke, Virginia
24015
Olivia I. Byrd, 3006 Guilford Avenue, S. W., Roanoke, Virginia 24015
Whitney A. Hollingsworth, 3010 Guilford Avenue, S. W., Roanoke, Virginia
24015
Thomas H. III and Alice Lambdon, 3014 Guilford Avenue, S. W., Roanoke,
Virginia 24015
Freddie L.Crockett, Jr., 3022 Guilford Avenue, S. W., Roanoke, Virginia 24015
Betty J. Lodebole, 2334 Oregon Avenue, S. W., Roanoke, Virginia 24015
Theodore R. and Betty J. Crouch, 2334 Oregon Avenue S. W., Roanoke, Virginia
24015
Chris Bryant, 1315 Sewell Lane, Roanoke, Virginia 24015
Robin Smeltzer, 2636 Robin Hood Road, S. E., Roanoke, Virginia 24014
Mary and Stewart Barnes, 2314 Rosalind Avenue, S. W., Roanoke, Virginia
24014
Dr. Rita Bishop, Superintendent
August 16, 2016
Page 5
Patricia Sheedy, 3598 Cedar Lane, Roanoke, Virginia 24018
Paul Kelly, 1711 Blair Road, S. W., Roanoke, Virginia 24015
Phil Wright, 1646 Center Hill Drive, S. W., Roanoke, Virginia 24015
Dan Webster, 2623 Guilford Avenue, S. W., Roanoke, Virginia 24015
Troy Rech, 130 27I" Street, S. E., Roanoke, Virginia 24014
Richard Rife, 2301 Laburnum Avenue, S. W., Roanoke, Virginia 24015
Steve Barnett, 177 Arden Lane, Moneta, Virginia 24121
Mary Dykstra, 1917 Greenwood Road, S. W., Roanoke, Virginia 24015
James Smith, Jr., 3547 Penarth Road, S. W., Roanoke, Virginia 24015
Maureen Eiger, 2415 Mount Vernon Road, S. W., Roanoke, Virginia 24015
Freeda Cathcart, 2516 Sweetbrier Avenue, S. W., Roanoke, Virginia 24015
Kathleen Kinsey, 2230 Sewell Lane, S. W., Roanoke, Virginia 24015
Becky Rhodes, 1233 Persinger Road, S. W., Roanoke, Virginia 24015
Tom Mitchell, 2320 Mount Vernon Road, S. W., Roanoke, Virginia 24015
0111'"
IN'1l lW COUNCILOR 1111: ('I "fY OP ROANOKIi, VIRGINIA
'file 15th day of August, 20t6.
No. 4061.4 - 081516,
AN ORUINANCIi !o amend a Planned Unit Dcvclopinent Plan antl conditions proffered ns
port of praviouS rezoning of cel olin at located at 2102 (itandin Road, S_W., bearing Ofreial
'fax Map No. 1460101; and dispensing wilh the second reading ofthis ordinance by title.
WHEREAS, the City of Roanoke has made application to the Council of the City of
Roanoke, Virginia ( "City Council'), to amend a Planned Unit Development Plan and certain
conditions presently binding upon a tract of land located at 2102 Grandin Road, S.W., being
designated as Official Tax Map No. 1460101, which property is zoned INPUD, Institutional Planned
Unit Development District, with proffers, such proffers being accepted bythe adoption of Ordinance
No. 39976-061614, on June 16, 2014;
WHEREAS, the City Planning Commission, after giving proper notice to all concerned as
required by §36.2 -540, Code of the City of Roanoke (1979), as amended, and after conducting a
public hearing on the matter, has made its recommendation to City Council;
WHEREAS, a public hearing was held by City Council on such application at its meeting on
August 15, 2016, after due and timely notice thereof as required by §36.2 -540, Code of the City of
Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an
opportunity to be heard, both for and against the amendment ofthe Planned Unit Development Plan
Plan and certain conditions presently binding upon a tract of land located at 2102 Grandin Road,
S.W., being designated as Official Tax Map No. 1460101, which property is zoned INPUD,
Institutional Planned Unit Development District, with proffers, suchproffers being accepted by the
AlopIiOn of (td inuncc No. 39976 - 061614, on .tune 16, 2014; and
W I IIARIiAS, this Cuunci I, tiller considcri ng the aforesaid application, the recommendation
made to the Council by the Planning Commission, the City's Comprehensive Plan, end the matters
presented at the public hearing, finds that the public necessity, convenience, general welfmc and
good zoning pnuctice, require file amendment of the Planned Unit Development Plan and proffers
applicable to the subject property, and is of the opinion that the conditions now binding upon a tract
of land located at 2102 Grandin Road, S.W., being designated as Official Tax Map No. 1460101,
should be amended as req nested, and that such property be zoned INPUD, Institutional Planned last
Development District, with prolTers as set forth in the Zoning Amendment Amended Application
No. 3 dated August 8, 2016, as herein provided.
TI I6RfPORE:, BE IT ORDAINED by the Council of the City of Roanoke that:
1. Section 36.2 -100, Code of the City of Roanoke (1979), as amended, and the Official
Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect
the amendment of the Planned Unit Development Plan mid conditions previously proffered as a
condition of a conditional rezoning, pertaining to 2102 Grandin Road, S.W., bearing Official Tax
Map No. 1460101, as set froth in the Zoning Amendment Amended Application No. 3, dated August
8,2016.
2. Section 36.2 -100, Code of the City of Roanoke (1979), as amended, and the Official
Zoning Map, City ofRoanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect
the proffered conditions as amended by the Zoning Amendment Amended Application No. 3 dated
August 8, 2016, so that the subject property is zoned INPUD, Institutional Planned Unit
Development District, with such proffers.
3. Pmtimit to the it ors cut ion 13 of the City Charter, thcsccond rcau.li jig o ffhis
ordinance by title is hereby dispensed with.
City clerk.
2102 Grrvndm Rood - Amend PUD anJ p.fPrs.doc
�o
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: August 15, 2016
Subject: Application by Roanoke City School Board to amend the Planned Unit
Development Plan and conditions proffered as part of a previous
rezoning at 2102 Grandin Road, S.W., bearing Official Tax No. 1460101.
Recommendation
The Planning Commission held a public hearing on Monday, August 8, 2016.
By a vote of 6 - 0 - 1, with Commissioner Smith recusing himself due to a
conflict of interest, the Commission recommended approval of the rezoning
request, finding that the Amended Application No. 2, as amended at the
hearing and subsequently submitted as Amended Application No. 3, is
consistent with the City's Comprehensive Plan, Grandin Court Neighborhood
Plan, and Zoning Ordinance as the changes to the Plan and proffered conditions
will allow the property and facilities to be used in a more expansive manner
appropriate to the surrounding area.
Application Information
Request:
Amendment of Planned Unit Development Plan and
Proffered Conditions
Owner:
City of Roanoke
Applicant:
City of Roanoke School Board
Authorized Agent:
Richard Rife Rife + Wood Architects
City Staff Person:
Katharine Gray, Land
Use and
Urban
Design Planner
Site Address /Location:
2102 Grandin
Road S.W.
Official Tax Nos.:
1460101
Site Area:
Approximately 96 acres
Existing Zoning :
INPUD, Institutional Planned Unit Development
Proposed Zoning:
INPUD, Institutional Planned Unit Development
Existing Land Use:
library; educational facilities, business school or
nonindustrial trade school, college /university,
elementary/middle /secondary, school for the arts; day
care center, child; office general or professional
Proposed Land Use:
library; educational facilities, business school or
nonindustrial trade school, college /university,
elementary/middle /secondary, school for the arts; day
care center, child; office, general or professional
Neighborhood Plan:
Grandin Court Neighborhood Plan
Specified Future Land
Large Institutional and Recreation /Open Space
Use:
Filing Date:
Original Application: June 21, 2016
Amended Application No. 1: July 18, 2016
Amended Application No. 2: August 1, 2016
Amended Application No. 3: August 9, 2016
Background
In 2004, the property at 2102 Grandin Road, SW, was rezoned from RS -1,
Residential Single Family District, to INPUD, Institutional Planned Unit
Development District, in order to construct a new high school. Since that time,
the Planned Unit Development plan and proffered conditions were amended to
allow for:
• The sports stadium, practice fields, and tennis courts.
• Conversion of the elementary school to an educational facility, day care
facility for children, and general and professional offices.
• Expansion of the Raleigh Court Branch Library.
In 2010, the proffered conditions were amended to reflect expansion of the type
of uses permitted in the stadium and times when the lighting and public address
systems could be used. This amendment reflected a change in facility demand as
it would no longer be shared with William Fleming High School (as the new
William Fleming High School has its own stadium). The Roanoke City Public
Schools are proposing to further amend the conditions related to the stadium to
reflect current demand and opportunities for use of the stadium facility.
The schools' authorized agent met with staff to discuss the possibility of
amending the development plan and proffered conditions for the property.
In June of 2016, the applicant filed an application to amend the planned unit
development plan and proffered conditions for the subject property.
In July of 2016, the applicant filed an amended application to address
comments from Planning Commission, staff, and neighborhood regarding
access to the property and temporary increase in occupancy of the stadium.
In August of 2016, the applicant filed an amended application to clarify the
amendments to the proposed proffered conditions 7 and 8.
In August of 2016, the applicant amended their application at the Planning
Commission public hearing and subsequently filed Amended Application No. 3
incorporating those changes to the proffered conditions.
Proffered Conditions and Planned Unit Development Plan
The Applicant hereby requests that the following proffered conditions accepted
by the adoption of Ordinance No. 39976 - 061614 be AMENDED as they pertain
to property located at 2102 Grandin Road, SW, and identified as Official Tax No.
1460101.
Deleted text is indicated by a strikethrough while added text is indicated by italics.
The property will be developed in substantial conformity with the
revised Development Plan prepared by Rife + Wood Architects dated
June 16, 2016,
the Eity of Roa iake dated April 14, 2014, the- Development Plan
prepared by HBM Architects dated May 5, 2014, and Building Elevations
prepared by HBM Architects dated April 5, 2014, aid the Utility Plan
prepared by Rife + Wood A'ch tects dated Dece nbe 5, 2005 copies
which are attached to this application.
2. The school sports stadium will be developed in substantial conformity
with the revised Stadium Plan prepared by Rife + Wood Architects dated
}anaarq 18, 2007 June 16, 2016 and the Stadium Sections dated
December 1, 2006, copies of which are attached to this application.
Revisions to conditions 1 and 2 reflect changes to the development plan to add
a service entrance to the stadium facility.
3. That the usage of the scheal spo -ts stadium facility will be limited to high
school athletics, non - amplified band practices for and performances by
the Patrick Henry High School marching band, and graduation
ceremonies. , middle school athlet cs, and athletic events sponsored
4. That the aH sound amplification systems in the stadium will be used
utilized only for h gh school varsity football games, varsity soccer
games, games, varsity lacrosse athletics and graduation assemblies; attd
youth fbothaH. The sound amplification systems shall not be utilized
during athletic team practices or to amplify school band performances.
Revisions to conditions 3 and 4 reflect expansion of the types of athletic events
that can be held at the stadium facility and when the sound amplification
system can be used. It should be noted that existing provisions in City Code
Section 21 -43.1 prohibits the use of the stadium lighting after 10:00 PM.
5. That manual traffic control, to include security personnel, will be
provided before and after all varsity football games and graduation
ceremonies at the intersections of Brandon Avenue and Grandin Road,
and Grand Read aid Lai, miti ^vent —, Grand in Road and Avenel
Avenue f- _ in coordination with the
City of Roanoke Police Department.
6. That manual traffic control, to include security personnel, will be
provided at the intersection of Lofton Road and Guilford Avenue before,
during, and after every varsity football game to prevent vehicular traffic,
excluding emergency vehicles, from entering and exiting Patrick Henry
High School campus from Lofton Road.
7. That manual traffic control, to include security personnel, will be
provided at the service entrance to Patrick Henry High School from
Blenheim Road before, during, and after every varsity football game to
prevent pedestrian and vehicular traffic, excluding emergency vehicles,
arrd team buses, and school staff with identification, from utilizing the
service entrance to Patrick Henry High School from Blenheim Road.
The revisions to conditions 5 through 7 allow for relaxation of traffic controls
in the vicinity of the school.
B. The Eity of Roanoke School Board will conduct a i engineer ig study 0
its sound arnplif cation system, with n six nonths of app oval of these
proffers, to evaluate the best method of lim ting audio trespass of the
Plann ng Off ces.
The above referenced sound study has been completed and therefore the
condition is no longer relevant.
8. A vegetative screen of large evergreen trees shall be planted and
maintained on the exterior slopes of the earthen berms surrounding the
stadium as shown on the Stadium Plan prepared by Rife + Wood
Architects dated June 16, 2016. No later than August 1 of each year,
the Chief of Physical Plants for Roanoke City Public Schools shall conduct
an inspection of this vegetative screen and replace any dead trees with
replacement trees at least 5' -0" in height by no later than September I
of that year.
This condition reinforces the zoning ordinance requirement to maintain
required landscaping and requires replacement of any dead or damaged trees
in a timely manner.
9. The permanent seating capacity of the stadium is 3,005. Additional
temporary occupancy up to 4,500 may be permitted during the regular
football season only one time each calendar year, if Roanoke City Public
Schools obtains a temporary Certificate of Occupancy and provides
adequate sanitary facilities and ingress /egress.
This condition would allow attendance to exceed the fixed seating capacity of the
stadium (standing room) but provides a fixed cap for the overall capacity and
that such additional capacity can be safely accommodated for one game during
the regular football season and play -off football games during post- season.
10. The Deputy Superintendent for Operations for Roanoke City Public
Schools shall be responsible for compliance with all proffers accepted by
Roanoke City Council.
This condition would create a single point of contact for the enforcement of the
proffered conditions.
All development must be in substantial conformance with the development plan
and other pertinent elements of the zoning ordinance.
Considerations
The property is an institutional campus that contains a high school facility and
accessory sports stadium, practice fields, and tennis courts; day care facility for
children, and general and professional offices; and the Raleigh Court Branch
Library. The proposed development of the property only affects a small portion
of the campus: the stadium, access to the property during certain events in the
stadium, and associated landscaping within that portion of the site.
Surrounding Zoning and Land Use:
Compliance with the Zoning Ordinance:
The purposes of the INPUD District are to encourage harmonious development
of institutional uses and mixed -use campus developments, to provide flexibility
for creative development, to minimize potential negative impacts of
institutional uses on neighboring uses, and to recognize the special complexity
and interrelationships of land uses and activities in these institutional
complexes. The overall appearance of the campus will remain the same with
Zoning District
Land Use
North
R -7, Residential Single - Family District,
Single - family residential and
and IN, Institutional District
place of worship
South
MX, Mixed Use District, and ROS,
Professional office and park
Recreation and Open Space District
East
R -5 Residential Single-Family District
Single-family residential
West
R -5, Residential Single - Family District,
Single- family residential, two -
RM-2, Residential Mixed Density
family residential, eating and
District, and CN, Commercial
drinking establishment
Neighborhood District
Compliance with the Zoning Ordinance:
The purposes of the INPUD District are to encourage harmonious development
of institutional uses and mixed -use campus developments, to provide flexibility
for creative development, to minimize potential negative impacts of
institutional uses on neighboring uses, and to recognize the special complexity
and interrelationships of land uses and activities in these institutional
complexes. The overall appearance of the campus will remain the same with
the only changes on the campus occurring at the stadium and entrances to the
Patrick Henry High School campus.
There is no significant change to the physical development of the site, with the
exception of the new service entrance to the stadium facility. The changes in
conditions are related to the operation of the existing facilities.
Conformity with the Comorehensive Plan and Neighborhood Plan:
Both Vision 2001 -2020 and the Grandin Court Neighborhood Plan recognize the
school's role in serving the needs of citizens and visitors by creating a climate
of lifelong learning and community enrichment. The Patrick Henry High School
stadium is located within an INPUD campus that serves as a center of learning
for this area of the City. The amendment of the planned unit development plan
will allow for the expansion in the use of the stadium and access to the campus
during particular events while retaining the other campus buildings and site
development. Relevant policies and action items in the plan include:
PS Al 5. Ensure that all public schools and City -owned facilities are located,
designed, and maintained to complement neighboring land uses.
PE PI . Quality education. Roanoke's school system will be known for its
quality education that prepares students for the workplace or with
the skills and knowledge needed to succeed in higher education.
Roanoke will maintain and improve its high - quality public education
facilities and programs at all levels.
PE P2. School facilities. School facilities are important community
facilities. The location of new school facilities will be carefully
planned to enhance the surrounding community and adhere to the
City Design principles recommended.
PE P3. Lifelong learning. Roanoke will support schools, libraries,
continuing and higher education programs, community -based
education, and recreation programs that foster a positive learning
environment for persons of all ages.
PE P4. Community learning centers. Roanoke will encourage the efficient
use of public schools by co- location of education, lifelong learning,
and recreation programs in school facilities, making them
community learning centers.
The expansion of uses for the stadium fulfills the City vision for encouraging
the efficient use of public schools through the co- location of recreation
programs and lifelong learning. The other existing campus buildings and site
development will remain.
The Grandin Court Neighborhood Plan recognizes the value that the large
institutional campus focused on learning and enrichment provides for the
community. The plan also places emphasis on the type of development that
will continue to improve the neighborhood. Although concern over increased
traffic and parking have been voiced in the neighborhood, the connectivity of
the site to the surrounding area is deemed equally important.
The principal consideration is whether the proposed amendment to the planned
unit development plan is consistent with Vision 2001 -2020 and the Grandin Court
Neighborhood Plan. The overall proposal to increase the usage of the stadium and
access to the campus in the current location is appropriate and should provide
additional needed services to this area of the City. Roanoke City Public Schools
along with the consultant have engaged the community in a public involvement
process involving separate meetings over the course of the spring and summer.
The input received from the public has been evaluated and many thoughts have
been incorporated into the proposed amendments to the proffered conditions.
Public Comment Summary
Kathy Gross, Center Hill Avenue, wrote stating that the amount of lighting,
noise level, and the blocking off of the streets to additional parking has been
successful and appreciated. She would be concerned if during practices and
games there was an increase in the noise level, additional vehicles on our
street, trash on the area from the school activities, additional non - residents in
our neighborhood during games, and overly bright lighting. Thus far none of
this has happened, and she is grateful. She certainly wants to be supportive of
the school, and expects the same in return in order to enjoy pleasant conditions
where she lives. She also notes that real estate values have decreased and
attributes it to the close proximity of the stadium.
Freeda Cathcart, President of the Grandin Court Neighborhood Association,
wrote to state that several people have expressed concerns about the city
changing the proffers on Patrick Henry Stadium before the Grandin Court
Neighborhood Association has a chance to review them and make comments on
them. She states the proposed changes would have a direct impact on their
neighborhood by increasing occurrences of noise and also possible increase in
traffic on Guilford Avenue. She requests the Planning Commission delay
making any recommendations to change the proffers on Patrick Henry Stadium
until the GCNA has a chance to review and provide an opinion on whether the
proposed changes would be beneficial or detrimental to their neighborhood.
Richard Light wrote stating that he is concerned with proffer number six and
the potential effect increased traffic on the surrounding neighborhood with the
increased number of uses allowed. He suggested that service vehicles enter
through an area that could be improved by the baseball parking lot near the
track instead.
Another citizen contacted the department to clarify what was being proposed
but offered no comments.
The following public comment was received after the staff report to the
Planning Commission was completed and given to Planning Commissioners at
the public hearing:
Becky Rhodes, 1233 Persinger Road, wrote stating that she is concerned about
the expanded use of the stadium beyond school sporting events. She states
that she is not in favor of using the stadium to bring in outside revenue for
other events, but wants it to remain for school use only. She also states that
she wants the back gate (service entrance) open to the neighbors only with a
driver's license or pass.
Richard Light wrote to state that he is concerned with the new proffer about the
rear service entrance as it will increase traffic in his neighborhood and proposes
that service vehicles should enter through an area that could be improved at the
baseball parking lot near the track. He states that an increase of stadium
occupancy by 1,500 will create a life safety problem and that the Roanoke City
police should be required to control all of the traffic.
Dan Webster, 2623 Guilford, wrote to state that during the past years a proffer
has existed which blocks the entrance and exit of traffic during football games
from exiting through their neighborhood. He states that they do not want to
see this condition removed, as it would then allow a steady stream of exiting
fans thru this corner late at night, ruining the quiet character of their
neighborhood. He states that the Sunday Roanoke Times indicated that "Traffic
has not been an issue at those intersections, Rife said." (Referring to Guilford
and Laburnum), but that it hasn't been an issue at Guilford because the original
proffer blocked the traffic egress in that direction. He states that the Planning
Commission website attributes a statement by the school board that the
primary reason for the original proffer was parking in the neighborhood, which
is not true. The primary concern was and still is the steady flow of exiting fans
thru an otherwise quiet neighborhood. He states that they are supporters of
the high school and have no problem with the expanded use of the football
field for other school events, but asked that the character of their quiet
neighborhood be protected by reinstating the condition to block traffic egress
through the intersection of Guilford and Lofton.
Chris Bryant, 1315 Sewell Lane, wrote to state that he is against proffers 3, 4,
and 8 to extend the use of Patrick Henry football stadium to general use, more
sporting events, and to increase capacity to 4,500. He states that this is not in
keeping with the promises made to the neighborhood in 2006 and will increase
traffic congestion, parking issues that already impact the streets around PH
during games, noise, light, litter pollution, and security problems. He states that
this is a residential neighborhood and not a replacement for Victory Stadium.
Maureen Eiger, 2415 Mount Vernon Road, called and sent photographs to
demonstrate the noise and light issues from the existing stadium that she
believes will worsen with increased events and increased temporary occupancy
in the stadium.
The following public comment was received by staff after the Planning
Commission public hearing:
Matthew and Rebecca Todd, Raleigh Court, wrote to state that they are
concerned the amendment of proffers to increase the number of spectators by
50 percent will impact traffic, parking, noise, lighting, and management of
events. They state that the Raleigh Court Civic League Board endorsed the
changes, but did not reach out to Raleigh Court residents or league members
for input regarding the matter.
Planning Commission Work Session (July 8 2016):
The following items were discussed in the Planning Commission Work Session
for compliance with City policy and ordinances.
• The application should be amended to reflect the latest PUD plan, latest
proffered conditions, building sizes, and to correct the titles of the plans
• If temporary occupancy greater than the permanent seating is desired by
the school, such temporary capacity should be specifically identified and
a temporary certificate of occupancy issued to document compliance with
applicable codes.
• It was discussed that additional detail be provided for the field house
comparable to the level of detail shown for the stadium in the stadium
plan and sections. Consider relocating /replacing the evergreen trees that
need to be removed to construct the field house and then place the trees
between the new field house and the existing practice field.
The Applicant subsequently filed Amended Application No.l addressing the
comments including removal of the field house from the development plan.
Planning Commission Public Hearing (August 8 2016):
Phil Wright, 1646 Center Hill Drive, stated that the proffered conditions are not
clear in who will be able to use the facility and that it would allay neighbors'
concerns if that were addressed with additional constraints. He stated that the
argument has been made to transform the stadium into a greater use municipal
facility since it was built with public funds and should provide a return on
investment to the public coffers by allowing the school board to pander the
school's playing field to any and all. He questioned Roanoke City Public
Schools ever having turned a profit or being committed to doing so. He stated
that the stadium's original artificial turf wore out early and cost several hundred
thousand to replace and would likely be replaced sooner with additional usage
of the field. He stated that the temporary increase in seating capacity by 1,500
to make up for an inadequate original plan to put the stadium in a residential
neighborhood punishes the neighbors. He stated that the stadium built at
William Fleming was done well as it is located in a non - residential setting, is
accessible by major roadways, and is convenient to hotels, restaurants, and
other guest- oriented facilities. He stated that that facility should be used
instead of punishing the neighborhoods in the immediate vicinity with
unrestricted PA system noise, increased traffic, unenforced parking, and the
uncontrolled transit of people with no connection to the high school itself. He
stated that this is wrong.
Dan Webster, 2623 Guilford Avenue, stated that he resides in the high impact
zone of the original proffer number six and read the original proffer. He stated
that the proffer has existed to block the entrance and exit of traffic prior to and
after the football games. He stated that the Sunday Roanoke Times indicated
that "Traffic has not been an issue at those intersections." (Referring to Guilford
and Laburnum) and clarified that it has not been an issue at Guilford because the
original proffer blocked the traffic egress in that direction. He stated that during
recent games security personnel would remove the barriers prior to the exit of
most of the crowds, creating a steady stream of traffic onto Guilford at that
intersection. He stated that this is a quiet residential neighborhood and not a
main thoroughfare. He stated that the Planning Commission website attributes a
statement by the school board that the primary reason for the original proffer
was parking on Guilford Avenue, which is not true. He stated that the primary
concern was and still is the steady flow of exiting fans following a game and
believes that if the blockade is eliminated that fans will naturally try to find the
quickest way out and increase the traffic through that intersection late at night.
He requested the Planning Commission maintain proffer number six.
(Mr. Webster emailed the next day to add: Thank -you for the opportunity
to express our concerns before the Commission and especially for your
attentiveness, discussion and consideration. Due to my nervousness, I
failed to include in my comments that we are supporters of the Patrick
Henry Athletic Program and that we support the expanded utilization of
the current facilities.)
Barbara Hawkins, 1418 West Drive, S.W., stated they she lives in her family
home and is a founding member of the Lakewood Colony Neighborhood Watch
Group, who is committed to making their neighborhood a safe, secure, peaceful
and enjoyable place to live. She stated that their neighborhood has been a cut -
through for people traveling to Patrick Henry. She is part of a group of
neighbors that fought tirelessly for these proffered conditions that relate to the
stadium enacted in 2006. She stated that the proffers were made in a spirit of
compromise between the City of Roanoke and the citizens surrounding Patrick
Henry and that this was to be a school stadium for school activities only and
10
that change to these proffers violates the public trust. She stated that the
general public was only made aware of the proposed changes in the past few
weeks. She questioned if the changes were trying to be pushed through
without public knowledge. She questioned the changes to proffer three to
transform the school stadium to multi -use municipal facility stating that it will
generate more frequent security, noise, traffic, and parking concerns. She
questioned if the residents of the streets specified in proffers five and six had
been notified to see if there were problems.
Troy Rech, 130 271" St SE, stated that he speaks on behalf of the Patrick Henry
Boosters Board and the Parks and Rec Advisory Board. He stated that there is a
lack of multi -use rectangular fields in the City, 22 rectangular fields short of
what is needed per the Parks and Rec Master Plan. He stated that if the fields
are worn out and noise exists in the neighborhood then it means that our youth
are doing something productive. He stated that we have the opportunity to use
a City asset for a much broader use rather than limit it to PH sports noting that
there are other fields on the property that can be used for multiple purposes
and they would like the stadium to be part of that.
Stewart Barnes, 2314 Rosalind Avenue, stated that as past President of Patrick
Henry Boosters Club, he supports amendment of the proffers. He stated that
they do a lot of fundraising to meet the needs of the athletic programs at the
school which are not covered by the current school budget. He stated that we
are currently sending money to surrounding schools by doing tournaments
outside of the area as we are not allowed to host these things at our school. He
requested that we use the stadium to boost our rec clubs, middle school
programs, build community, and to raise money to supplement our tight budget.
Mary Dykstra, 1917 Greenwood Road, President of Raleigh Court Neighborhood
Association, stated that their board has been attentive to this issue and has met
with the applicant several times regarding this. She stated that they feel the
proffers before the board are reasonable and the stadium and uses have been a
good neighbor so far and they are in support of this.
James Smith, Jr., 3547 Penarth Road, stated that he is a freshman at the high
school and would like to use the stadium for tournaments, college clinics, and
local travel teams as it would give kids in Roanoke a better chance to be
recognized by colleges. He stated that most of the PH students are members of
the local travel teams and they play on turf fields out of town and should have
the same playing experience here in Roanoke. He stated that the proceeds from
travel teams using the stadium could go to maintaining the field and school.
Maureen Eiger, 2415 Mount Vernon Road, stated that she has met with the
school board, Planning Commission, and Chris Chittum many times since the
stadium was built regarding the violation of the existing proffers. She stated
the violations consist of: the sound study, the PA being used on the softball
field for practices, non - allowed people groups practicing in the stadium, lights
on past 1 Opm. She stated her main concerns are traffic and noise with multiple
events and the addition of 1500 people in the stadium.
Freeda Cathcart, 2516 Sweetbriar Avenue, President of Grandin Court
Neighborhood Association, stated that the stadium falls within the bounds of
their neighborhood association and that their group was never contacted by the
City regarding this. The applicant contacted their group late in the process and
came to their July 19'° neighborhood association meeting, but with such short
notice this gave their neighbors very little time to be able to participate in the
process. She stated the last of the two newspaper articles have raised
awareness and that people are concerned about the increase in occupancy for
the stadium. She requested that the Planning Commission delay a decision to
give their neighborhood time to process this information and to properly weigh -
in. The sign posted was not along a well - traveled road and had fallen down.
Kerry Morgiewicz, 2501 Mount Vernon Road, stated that her property abuts the
school property and that she loves having the stadium there with the band
playing and the noise. She stated that her only concern is that the current
proffers force her to have to walk over a mile to go to the stadium even though
it is directly behind her and she would like the rear service entrance to be
accessible to neighbors. She stated that she did receive a mailing of the zoning
amendment in a timely manner and overall she supports this.
Commissioners, the applicant, and staff discussed the public notice process by
the City, the design of the stadium for average occupancy, the benefit to the
neighborhood of leaving proffer 6 in place, lighting of events in the stadium,
who would be responsible for enforcing the proffers, and traffic and security for
events beyond varsity games at the stadium,
Particularly, Commissioner Penn asked about the public notice process, how
often the increase in temporary occupancy of the stadium was needed by the
applicant, suggested that the applicant consider leaving the original proffer 6 in
place to address the concerns of the neighborhood, and asked about the
lighting of events in the stadium. Commissioner Russell and Commissioner
Katz questioned whether there was a plan to deal with the increased traffic and
whether traffic and security for the other athletic events beyond varsity games
in the stadium should be conditioned. Chairman Hale questioned if there was
any recourse for the neighborhoods if the items were not successfully dealt
with at this time and when the sanitary facilities related to a temporary increase
of occupancy would be removed
As a result of the discussion, the applicant amended the Amended Application
No. 2 to leave in place the original proffer 6 regarding access to the campus at
Lofton Road and Guilford Avenue, amended the language regarding the
temporary occupancy use of the stadium, and added a proffer to name a
specific party responsible for compliance of all of the proffers.
12
Conversation between the applicant, Commissioners and staff clarified that the
amendment to the proffered condition regarding the limitation on temporary
occupancy would allow: one home football game per year (e.g., Salem) during
the regular season AND additional football games if PH makes the playoffs
(games outside the regular season), and that the temporary sanitary facilities
would be removed by Monday after the game.
Kermit Hale, Chair
City Planning Commission
cc: Chris Morrill, City Manager
R. Brian Townsend, Assistant City Manager
Chris Chittum, Director of Planning Building & Development
Ian D. Shaw, Planning Commission Agent
Daniel J. Callaghan, City Attorney
Steven J. Talevi, Assistant City Attorney
Steve Barnett, Deputy Superintendent Roanoke City Public Schools
Richard Rife, Rife + Wood Architects
13
Zoning Amendment
Applicati�o .� t
Department of Planning, Building and Development 11 ED R OA N O K E
Room 166, Noel C. Taylor Municipal Building AUG 0 8 2016
215 Chumh Avenue, S.W
Roanoke Virginia 24011 MY OF ROANOKE CNck Hen: to Print)
Phone (540)853-1730 Fax: (54D)E53-1;30 PLANNING BUILDING 6
r - DEVFIOPN/GNT
Date 'AuquA8,2016 SubM^el Number Amerded Appl.cation No.,
Rezoning, Not Otherwise I-wed I Amendment of Proffered Conditons
] Rezoning, Condillonal _ J Amendment of Planned Unit Development Plan
Rezo" to Planned Unit Development ! Amendment of Comprehensive S.gn Oveday Distract
❑ Establishment of Comprehensive Sign Overlay DlsNe
Address: 2102Grandin Road, Roanoke, VA 24015
Official Tax Nola).: i'4001 01
Existing Base Zoning. I ' .. W to Conditions
R multiple zones, INPUD, Institutional Planned Unit Development
( pk please manually enter all d�stric��.) • ; Wiehoul Conditions
Ordinance Nola). for Existing Condtions (M applicable) ti9i)2a0616114
Requesad2oning: �IWUD,In9itutinnal Planned Un - , Whh ut Coons proposed Educatlonal
J Without Conditlons Land Use:
Name 'Cl fR Roanoke, VA Phone Number: +1(,40)85io000 t
A Cl h Avenue, SW, Roanoke, VA 74011
ttttF-Mail. rhrls.morclll n,nokeva.gov
ope 'ty � nature
Name: City of Roanoke School Board Phone Number. • 1 (,40) F,
Address li Douglass Avenue, NW, Roanoke, VA '4012 �pbamett ncp..lnf
Applicant's Signature:
,6Y�h41'� ►:1�6�Otl.�[ JMP�CAflbj£
Name. 'Richard Rite, Rife +Wood Arc hiterts Phone Number +1(+40) 144-1,01,
Address: X13 Grandm Road,Wanoke,VA 14015
,E -Mal Imhard. ,rih•w,od rani
Audli 3d Agents Signature:
Zoning Amendment (- ____-
Application Checklist
ROANOKE
� Compkfed appbcmbn form and checklist.
• Written narrative explain rig the reason for the request.
• Metes and bounds description, if applicable.
r Fgmgfee.
Gra 1K�18 p�0a1My * ,ila' Apli'7�Le be
F Concept plan meeting the Application Requirement; of ilem'2(c)' In Zoning Amendment Procedures.
Twainimaw Mnft. dM tmfakbe�
F Written proffers. See the City's Guide to Proffered Conditions.
Concept plan mining the Application Requremenls of item'2(c)' In Zoning Amendment Procedures. Please label as
F 'development plan f proffered.
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r Development plan meeting the requirements of Section 36.2326 of the City's Zoning Ordinance.
WB
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F Comprehers;ve slgnage plan meeting the requirements of Section 36.2- 336(d)(2) of the CWs Zoning Ordinance.
Fir an w
Amended development or concept plan meeting the Application Requirements of kem'2(c)' in Zoning Amendment Procedures,
F 0applcable.
F Written proffers to be amended. See the City's Guide to Proffered Conditions.
r Copy of previously adopted Ordinance.
r Amended development plan meeting the requirements of Section 362 -326 of the Cily's Zoning Ordinance.
r Copy of previously adopted Ordinance.
I— Amended comprehensive signage plan meeting the requirements of Section 36.2 -3360 of the City's Zoning Ordinance.
F Copy at previously adopted Ordinance.
e' r sAgd9dxas l6eCk,ilre also
F A Traffic Impact Study In compliance With Appendix B -2(e) of the Citys Zoning Ordinance.
Fora .tref6aTo1P�'e41iYd!7eetr bVD5WW&—ft-M—*-&- Wv-Aiw..
F rover sheet.
• Traffic impact analysis.
• Concept plan.
• Proffered conditions, if applicable.
r Required fee.
'An electronic copy of this application and checklist can be found at w .roanokeva.govlpbd by selecling'Planning Commission' under
'Boards and Commission . A complele packet must be submitted each time an applicat on is amended, unless omermse specified by
staff.
Patrick Henry High School Stadium
Request for Modifications of Proffered Conditions of Ordinance No. 39976-
061614 as they pertain to Official Tax No. 1460101:
Amended Aoolication No. 3 Aueust S. 2016
Background Information:
Certain proffered conditions related to use of the stadium were enacted in February 2006 as
part of amendments to the Development Plan for the new school to add the stadium to the
school's campus. For the first three years of the stadium's operation, it was utilized by
William Fleming High School as well as Patrick Henry while William Fleming's new
building was under construction. The original proffers included requirements for a percentage
of the games to be played on Saturdays during the daytime and restrictions on the use of the
stadium lights. The 2006 conditions were subsequently modified by City Council in 2010 to
remove the requirements for daylight games and otherwise simplify the proffers.
The Process:
Richard Rife of Rife + Wood Architects was engaged by the City of Roanoke School Board to
prepare this request. The School Board's primary interest in requesting these proffer changes
is to reduce the restrictions on what types of athletic uses and events can be held in the
stadium while still respecting the rights of neighboring homeowners. The Board charged Mr.
Rife to meet with various interested parties to explain the School Board's desire to simplify
the proffers and to attempt to find common ground for the operation of the stadium.
Mr. Rife met with Planning Director Chris Chittum and Planning Administrator Ian Shaw on
January 14 and May 6, 2016 to explain the Board's interests and to discuss how the language
of the proffers could be improved to make the proffers more clear so that enforcement of the
proffers could be more consistent.
Mr. Rife met individually with Mr. Kit Hale, an adjacent property owner and then- President
of the Raleigh Court Neighborhood Association, on February 11, 2016. Mr. Hale expressed
his concerns about the stadium's operation from both his personal perspective as a neighbor
and his perspective as a leader of a neighborhood organization. Mr. Hale and Mr. Rife
discussed proffer changes that would allow greater utilization of the stadium while adding
other proffers that would address problems Mr. Hale had seem during its years of operation.
Mr. Rife subsequently presented a draft list of proffer changes to the Board of the Raleigh
Court Neighborhood Association on March 31, 2016 to inform them of the Board's upcoming
request and to solicit its input and support. Ms. Mary Dykstra, who has since succeeded Mr.
Hale as President of the Neighborhood Association, was in attendance at that meeting.
Mr. Shaw, Zoning Administrator Jillian Moore, and Development Inspector Winston Corbett
met with Mr. Rife, City Schools Assistant Superintendent Steve Barnett, Chief of Physical
Plants Jeff Shawver, Patrick Henry Principal Joseph Jablonski, Athletic Director Patti Sheedy
and other school personnel on May 26, 2016 to walk the site and discuss the stadium's
operation and maintenance.
Messrs. Barnett, Shawver, and Rife attended the Planning Commission's work session on July
8, 2016 and informally discussed the proposed proffer changes. Topics of discussion included
traffic control, limiting pedestrian access to the school's service road during football games,
the difficulty of enforcing operational proffers and how to address the need to occasional
accommodate overflow crowds. The Commission questioned the inclusion of a proposed
future fieldhouse on the revised Development Plan and the lack of detail on its design. The
School Administration decided to remove the fieldhouse front this request and the submitted
Development Plan and Stadium Plan no longer show a fieldhouse.
Mr. Rife met with four members of the Raleigh Court Neighborhood Association Board on
July 15, 2016 to discuss the final version of the proffers. The discussion centered on limiting
pedestrian access to the school's service road and limiting parking along Blenheim Road
during football games.
Messrs. Barnett, Shawver, and Rife attended a membership meeting of the Orandin Court
Civic League on July 19, 2016 and discussed the proposed proffer changes with the members
present.
The Request:
A strike - through text of the proposed proffer changes is attached to this application as well as
a proposed final version. An item -by -item description of each requested proffer change is as
follows:
Existing Proffer 1: An amended Development Plan, dated June 16, 2016, is being submitted
to show the location of a gate to be added to allow service vehicles to enter the stadium from
the south side.
Existing PM(tCr 2- An amended Stadium Plan dated June 16, 2016 is being submitted to
show the location of a gale to be added to allow service vehicles to enter the stadium from the
south side.
Existing Profi, r 3- The proposed changes to this proffer would free up the stadium for a
broader set of aftetic uses such as clinics sponsored by colle,es and soccer and lacrosse
tournaments sponsored by local club teams. The Board also recognizes that the stadium was
paid for with public funds and feels that increasim . the utilization of the stadium will result in
a greater return on the public's investment.
Existing Prof :.r 4- Ths proposed proff, r change seeks to clarify that the sound system within
the stadium may only be used for athletics and -- mduation ceremonies within the stadium.
The previous lane: -ua_ -e was va�ve and could be interpreted to also apply to the softball and
baseball fields. It further clari! ies that the sound system shall not be used during practices.
Exist _n_ Pro_ i, a 5. This proposed proff, r ch.m,:e eliminates two traffic control locations.
Eight years of aid zat,on of the stadium has shown these locations do not require traffic
control with a police presence
Existin_. Pi- of Sr_6• The School Board p oposes to keep this proffer intact in response to
citizen comments at the Plannin< Commission heann
Ezistinu Proffer 7- The proposed changes to this pro* f, clarifies that Patrick Henry staff with
identification may use the service road durim; football tames.
Existinv Pr_offar 8 This proffer is no longer pertinent as the School Board completed the
required sound study some time a_o.
New Prof ,r 8; This proposed new proffer addresses neit hborhood concerns about the long
tern maintenance of the evergreen screeninx around the stadium.
New Proff ss 91 This proposed new proffer will clan iy under what conditions the stadium's
occupancy may occasionally be increased. It was amended during the Planning Commission
hearim: in response to the Commission's concerns that some limitation on the frequency of
the expanded occupancy was needed.
New PmfR_r 10 This proposed new pro! ier was added dunnp the Planning Commission
heanng to clearly identify the individual at Roanoke City Public Schools that is responsible
for compliance with the proffers.
Patrick Henry High School Stadium - Proposed New Proffers
Amended Application No. 3 Aueust 8.2016
Kew:
• lialics denote new language.
atfilketh- ugh denotes deleted lasiguatte
The Applicant hereby requests that the following proffered conditions enacted by Ordinance
No. 39976 - 061614 be AMENDED as they pertain to property located at 2102 Grandin Road,
SW, and identified as Official Tax No. 1460101:
I. The property will be developed in substantial conformity with the revised Development
Plan prepared by Rife + Wood Architects dated June 16, 2016, " °--d ^ "T..,,�- 0- -�10ff date
s e..__h x 2010 and -... ed L. the City of n____., dated "-mot id 2014 the- Development
Plan prepared by HBM Architects dated May 5, 2014, and Building Elevations prepared by
HBM Architects dated April 5, 2014, and the Utility Plan .,_.._.,_..d by Rife ... Wead
"_.ha__ts dated Deee_b__ 5 2005 copies which are attached to this application.
2. The school sports stadium will be developed in substantial conformity with the revised
Stadium Plan prepared by Rife+ Wood Architects dated 3anuery -19, 2097 June 16, 2016 and
the Stadium Sections dated December 1, 2006, copies of which are attached to this
application.
3. That the usage of the sehas! %pans stadium facility will be limited to high saheal athletics,
non - amplified band practices far and performances by the Patrick Henry High School
marching band and graduation ceremonies. , moathe school athleties, and -•c e fie _. _
through 1110 Pinks and o__n_r..., d.,......_., -t „etceG t of u.. _
4. That the aR sound amplification systems in the stadium will be used utilized only for high
a sehool vatsity fiaetball, games, - - — - ViffS45'Iserasse nt -, athletics and
graduation assemblies,
Reffeatiffl�'011lhfeetbali . The sound amplificalion systems shall not he iailized during
athletic team practices or to amplify school band performances.
5. That manual traffic control, to include security personnel, will be provided before and after
all varsity football games and graduation ceremonies at the intersections of Brandon Avenue
and Grandin Road, and Grandin Road and Avenel
Avenue ehen Read in coordination with the City of Roanoke
Police Department.
6. That manual traffic control, to include security personnel, will be provided at the
intersection of Lofton Road and Guilford Avenue before, during, and after every varsity
football game to prevent vehicular traffic, excluding emergency vehicles, from entering and
exiting Patrick Henry High School campus from Lofton Road.
7. That manual traffic control, to include security personnel, will be provided at the service
entrance to Patrick Henry High School from Blenheim Road before, during, and after every
varsity football game to prevent pedestrian and vehicular traffic, excluding emergency
vehicles, and team buses, and school staff with identification, from utilizing the service
entrance to Patrick Henry High School from Blenheim Road.
uruu a o)o ..
method aflimking audio uaesp�s Bfthe sound amf3lifleation sysiem and will file the Nquits
8. A vegetative screen of large evergreen trees shall be planted and maintained on the
exterior slopes of the earthen berms surrounding the stadium as shown on the Stadium Plan
prepared by Rife + Wood Architects dated June 16, 2016 No later than August l of each
year, the ChiefofPhysical Plants for Roanoke City Public.Schools shall conduct an
inspection of this vegetative screen and replace any dead trees with replacement trees at least
5' -0" in height by no later than September l of that year
9. The permanent seating capacity of the stadium is 3,005, Additional temporary occupancy
top to 4,500 may be permitted during the regular foothall season only one time each calendar
year, rfRoanoke City Public Schools obtains a temporary Certificate of Occupancy and
provides adequate .sanitary facilities and ingress / egress.
10. The Depmy Superintendent far Operations, for Roanoke City Public Schools shall be
responsible for compliance with all proffers accepted by Roanoke City Council.
Patrick Henry High School Stadium - Proposed New Proffers
Amended Application No 3 — Aueust g. 2016
The Applicant hereby requests that the following proffered conditions enacted by Ordinance
No. 39976 - 061614 be AMENDED as they pertain to property located at 2102 Grandin Road,
SW, and identified as Official Tax No. 1460101:
1. The property will be developed in substantial conformity with the revised Development
Plan prepared by Rife + Wood Architects dated June 16, 2016, the Development Plan
prepared by HBM Architects dated May 5, 2014, and Building Elevations prepared by HBM
Architects dated April 5, 2014, copies of which are attached to this application.
2. The school sports stadium will be developed in substantial conformity with the revised
Stadium Plan prepared by Rife + Wood Architects dated June 16, 2016 and the Stadium
Sections dated December 1, 2006, copies of which arc attached to this application.
3. That the usage of the stadium facility will be limited to athletics, non - amplified band
practices and performances by the Patrick Henry High School marching band, and graduation
ceremonies.
4. That the sound amplification systems in the stadium will be utilized only for athletics and
graduation assemblies. The sound amplification systems shall not be utilized during athletic
team practices or to amplify school band performances.
5. That manual traffic control, to include security personnel, will be provided before and after
all varsity football games and graduation ceremonies at the intersections of Brandon Avenue
and Grandin Road, and Grandin Road and Avenel Avenue in coordination with the City of
Roanoke Police Department.
6. That manual traffic control, to include security personnel, will be provided at the
intersection of Lofton Road and Guilford Avenue before, during, and after every varsity
football game to prevent vehicular traffic, excluding emergency vehicles, From entering and
exiting Patrick Henry High School campus from Lofton Road.
7. That manual traffic control, to include security personnel, will be provided at the service
entrance to Patrick Henry High School from Blenheim Road before, during, and after every
varsity football game to prevent pedestrian and vehicular traff c, excluding emergency
vehicles, as l team buses, and school staff with identification, from utihzio_ the service
entrance to Patrick Henry High School from Blenheim Road.
g. A vegetative screen of large evergreen trees shall be planted and maintained on the exterior
slopes of the earthen berms surrounding the stadium as shown on the Stadium Plan prepared
by Rife + Wood Architects dated June 16, 2016. No later than Au oat I of each year, the
Chief of Physical Plants for Roanoke City Public Schools shall conduct an inspection of this
vegetative screen and replace any dead trees with replacement trees at least Y -0" in her ht by
no later than September I of that year.
9. The permanent sealing capacity of the stadium is 3,005. Additional temporary occupancy
up to 4,500 may be permitted during the regular football season only one time each calendar
year, if Roanoke City Public Schools obtains a temporary Certificate of Occupancy and
provides adequate sanitary facilities and ingress / egress.
10. The Deputy Superintendent for Operations for Roanoke City Public Schools shall be
responsible for compliance with all proffers accepted by Roanoke City Council.
1
REGEIV EU
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AFFIDAVIT
APPLICANT: Roanoke City School Board, P Steve Barnett, Deputy Superintendent, and
Richard A Rife, Rife & Wood Architects
LOCATION: 2102 Grandin Road, S.W.
Tax No. 1460101
REQUEST: Request to Repeal Conditions proffered as Part of Rezonings
COMMONWEALTH OF VIRGINIA )
J TO -WIT:
CITY OF ROANOKE )
The affiant, Tina M. Carr, first being duly sworn, states that she is Secretary to the Roanoke City
Planning Commission, and as such is competent to make this affidavit of her own personal
knowledge. Affidavit states that, pursuant to the provisions of Section 15.2 -2204, Code of
Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she
has sent by first -class mail this 26 day of 2016, notices of a
public hearing to be held on this Il day of A 4� .. 2016, on the
request captioned above to the owner or agent of the parcels as set out on the attached.
ME=
Tina M. Carr
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this
1J day of .2016.
OpRRYL W.CNILDRE9S
NOASHU LIC Nota Public
�RLMONWETIOKN VIRG
PLANNING BUILDING AND DEVELOPMENT
Novi C Taylor Municipal Building
218 Church Avenue, Room 166
Roanoke, Virginia 24071 11
Phone. 840 853 1730 Fax 540 853 1230
ROANOKE Email plammnLamanuk,,yo
July 25, 2016
Dear Adjoining Property Owner and /or Interested Party:
The Roanoke City Planning Commission will hold a public hearing in order to consider
the following request. The complete application can be viewed on the Planning, Building, &
Development website at http: / /roanokeva.o 1088 /Planning- Commission.
Amended application by Roanoke City School Board to amend the Planned
Unit Development Plan and conditions proffered as part of a previous
rezoning at 2102 Grandin Road, S.W., bearing Official Tax No. 1460101. The
conditions placed upon the property by the adoption of Ordinance 39976-
061614 on June 16, 2014, proposed for amendment include: requiring
development in substantial conformity with a development plan revision
dated April 14, 2014, development plan dated May 5, 2014, building
elevations dated April 5, 2014, utility plan dated December 5, 2005,
stadium plan dated January 18, 2007, and stadium sections dated
December 1, 2006; limiting the use of the school sports stadium facility to
high school athletics, band practice, graduation ceremonies, middle school
athletics, and athletic events sponsored through the City of Roanoke Parks
and Recreation department; limiting the use of sound amplification
systems for high school varsity football games, varsity soccer games,
varsity lacrosse games, graduation assemblies, and the annual
championship games for Roanoke City Parks and Recreation youth football;
requiring manual traffic control, to include security personnel, before and
after all varsity football games and graduation ceremonies at intersections
of Brandon Avenue and Grandin Road, Grandin Road and Laburnum
Avenue, Grandin Road and Avenel Avenue, Guilford Avenue and Lofton
Road in coordination with the City's police department; requiring manual
traffic control, to include security personnel, at the intersection of Lofton
Road and Guilford Avenue before, during, and after every varsity football
game to prevent vehicular traffic, excluding emergency vehicles, from
entering and existing Patrick Henry High School campus from Lofton Road;
requiring manual traffic control, to include security personnel, at the
service entrance to Patrick Henry High School from Blenheim Road before
every varsity football game to prevent pedestrian and vehicular traffic,
excluding emergency vehicles and team buses, from utilizing the service
entrance to Patrick Henry High School from Blenheim Road; and requiring
an engineering study of the sound amplification system within six months
of approval of the proffers. The changes to the amended conditions
proposed include: replacing a development plan with one dated June 16,
2016; removing a utility plan dated December 5, 2005; revising a stadium
plan newly dated June 16, 2016; allowing usage of the stadium facility for
athletics, non - amplified band practices, performances by the Patrick Henry
High School marching band, and graduation ceremonies; allowing
utilization of the sound amplification system in the stadium for athletics
and graduation assemblies, but not for athletic team practices or school
band performances; removing the requirement for manual traffic control
before and after all varsity football games and graduation ceremonies from
the intersections of Grandin Road and Laburnum Avenue, and Guilford
Avenue and Lofton Road; removing the requirement for manual traffic
control at the intersection of Lofton Road and Guilford Avenue before,
during, and after every varsity football game intended to prevent vehicular
traffic from entering and exiting the Patrick Henry High School campus
from Lofton Road; adding a requirement for manual traffic control at the
service entrance to Patrick Henry High School from Blenheim Road during
and after every varsity football game; adding the ability for school staff
with identification to use the service entrance to Patrick Henry High School
from Blenheim Road before, during, and after every varsity football game;
removing the requirement for an engineering study of the sound
amplification, adding a requirement for a vegetative screen of large
evergreen trees to he inspected by August 1 of each year and replaced, if
dead, by September 1 of that same year and adding the opportunity to
increase the occupancy of the stadium from 3,005 to 4,500 through the
issuance of a temporary Certificate of Occupancy under certain
circumstances. The zoning of the property will remain INPUD, Institutional
Planned Unit Development District, permitting these land use categories:
include residential; accommodations and group living; commercial;
assembly and entertainment; public, institutional and community facilities;
transportation; utility; agricultural; and accessory, with a maximum density
of one dwelling unit per 1,600 square feet of lot area. The comprehensive
plan designates the property for large institutional and recreation /open
space use, but does not specify density. The proposed uses of the
property will remain unchanged: library; educational facilities, business
school or nonindustrial trade school, college /university, elementary/
middle /secondary, school for the arts; day care center, child; office, general
or professional.
The date, time, and place of the public hearing scheduled by the Planning Commission on
the matter are as follows:
Monday, August 8, 2016,11:30 pm
City Council Chamber, Fourth Floor, Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Roanoke, VA 24011
According to real estate records, you own property that is adjoining the subject
property or are an interested party. If you care to make any comments concerning this
request, you need to attend the public hearing as listed above to voice your opinion(s)
during the public hearing and consideration of this request. Also, feel free to contact
Katharine Gray, City Planner, at 540- 853 -1502 if you have any questions regarding the
application.
Very truly yours,
l4%4fd1W
Tina M. Carr
Secretary to the Planning Commission
ZONING DISTRICT MAP
2102 Grandin Road SW
Official Tax Parcels: 1460101
®Nee to I» Rezoned
Zoning
AD'. aiport Dev
CG: Comma offal- General
.rx CLS. Commecial -Large Site
CN. Commercial- NeigM1bor ood
D Downtown
I.I. Light lnduatdal
12 Heavy lndii
- IN In.twunnal
Q INPUD. InsNugmal Planned Una Dev
IPUD. Indusbiai Punned Unit Dev
M%. Mued Use
QMXPUD. Mixed Use Planned Un t Dev
R -'2 Ras Single- Family
R -3 Res Single -Famiy
R -S. Res Sirgis-Famiy
R -7 Res Single- ParN1y
RA'Rea- Agricoi
RM-i Res Mixed Density
RM-2 Rea Mued Dei
Rti Res Multifamily
@n ROS. Reoreation and Open Spam
_ UF. Urban flea
Cmduonel Zoning
0 250 500 Feet x E
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George C Koss
Unitarian Universalist Church of RDA
CURTIS E & Ellen F Fuller
2854 Fairway Forest
2015 Grandin Rd SW
1942 Brandon Avenue SW
Salem VA 24153
Roanoke VA 24015
Roanoke VA 24015
Darrell R Craighead
Whitney J Penny
Claude A & Mary C Hodges
1684 Millbddge Road
1930 Brandon Avenue SW
5206 Squires Court
Salem VA 24153
Roanoke VA 24015
Roanoke VA 24018 -0170
Vernon E JR &Susan Daphne Jolley
Peter C & Alison C Matthiessen
Frances Kastler
1922 Brandon Avenue SW
1918 Brandon Avenue SW
1108 Brandon Avenue SW
Roanoke VA 24015
Roanoke VA 24015
Roanoke VA 24015
George W Williams
M& W Properties Inc
Andrew Holding
1994 Browns Gap Turnpike
1348 Lakewood Drive SW
7724 Knoliwood Circle
Charlottesville VA 22901
Roanoke VA 24015
Charlotte NC 28213
Elisabeth G Velazquez
Mark E Barker
Michael W & Cathy L Pegram
1832 Brandon Avenue SW
1828 Brandon Avenue SW
1824 Brandon Avenue SW
Roanoke VA 24015
Roanoke VA 24015
Roanoke VA 24015
George C Koss
Tiffany K Worstell
Julia K Pugh
2854 Fairway Forest
1810 Brandon Avenue SW
1806 Brandon Avenue SW
Salem VA 24153
Roanoke VA 24015
Roanoke VA 24015
Thomas Wayne Frantz
Dale E & Lora J Wilkinson
James H Brown
1714 Brandon Avenue SW
1710 Brandon Avenue SW
1702 Brandon Avenue SW
Roanoke VA 24015
Roanoke VA 24015
Roanoke VA 24015
Elizabeth W Marsh
Benjamin C Davis
Ronald B Kemnitzer
2621 Oak HIII Lana SW
2111 Grandin Road SW
2103 Grandin Road SW
Roanoke VA 24015
Roanoke VA 24015
Roanoke VA 24015
Matthew Calb Johnson
TRS ST'Elizabeths Church Episcopa
Gregory L Robinson
2343 Carter Road
PO Box 4706
2255 Grandin Road SW
Roanoke VA 24015
Roanoke VA 24015
Roanoke VA 24015
James P III & Arliss Jill M Gilmer
Jeffrey J & Christina B Hatch
Curtis Edward & Nan Rae Marion
2243 Grandin Road SW
2239 Grandin Road SW
Fooks
Roanoke VA 24015
Roanoke VA 24015
2231 Grandin Road SW
Roanoke VA 24015
George Ray Snow
Neale J & Mary A Huff
Elaine A Noell Trustee
PO Box 338
2215 Grandin Road SW
2201 Grandin Road SW
Salem VA 24153
Roanoke VA 24015
Roanoke VA 24015
Ming Hue Coo
William H Tanger
James M Mcleese
1302 Belle Aire Lane
2412 Guilford Avenue SW
2416 Guilford Avenue SW
Roanoke VA 24018
Roanoke VA 24015
Roanoke VA 24015
Tema D Fankell
Oakview Drive LLC
James E & Jean K Loesel
24720 Guilford Avenue SW
PO Box 3265
2428 Guilford Avenue SW
Roanoke VA 24015
Roanoke VA 24015
Roanoke VA 24015
Patricia G Wilson
Miriam Frazier
Kristen V Pevarski
2432 Guilford Avenue SW
2436 Guilford Avenue SW
2440 Guilford Avenue SW
Roanoke VA 24015
Roanoke VA 24015
Roanoke VA 24015
Kevin W Kotz
John R Patterson
David K Cumins
2502 Guilford Avenue SW
2508 Guilford Avenue SW
2735 Rlchelled Avenue
Roanoke VA 24015
Roanoke VA 24015
Roanoke VA 24014
Brenda R Page
Dinia M Pease
James M Wynn
2602 Guilford Avenue SW
2608 Gulfford Avenue SW
2612 Guilford Avenue SW
Roanoke VA 24015
Roanoke VA 24015
Roanoke VA 24015
Alice Carol Tuckwiller
Marvin C & Sandra S Harrison
Colin P & Judith C Lunsford
2616 Guildford Avenue SW
2620 Guilford Avenue SW
2624 Guilford Avenue SW
Roanoke VA 24015
Roanoke VA 24015
Roanoke VA 24015
NIA
Harriet G Vance
Michael P & April M Snow
PO Box 2705
1666 Center Hill Drive SW
1639 Persinger Road SW
Roanoke VA 24001
Roanoke VA 24015
Roanoke VA 24015
Samuel F III & Deanne A Vance
M Diane Thomason
Ronald Ray Sr & Shirley CA
1640 Persinger Road SW
2429 Mount Vernon Road SW
Henderson
Roanoke VA 24015
Roanoke VA 24015
2421 Mount Vernon Road SW
Roanoke VA 24015
Maureen S Eiger
Kermit E & Elizaheth B Hale
Mdaren G Westland
2415 Mount Vemon Road SW
2222 Blenheim Road SW
2216 Blenheim Road SW
Roanoke VA 24015
Roanoke VA 24015
Roanoke VA 24015
Carillon Clinic Properties LLC Evie Edwan Robison Lynn C & Mary 5 Via
PO Box 12385 2517 Mount Vernon Road SW 2513 Mount Vernon Road SW
Roanoke VA 24025 Roanoke VA 24015 Roanoke VA 24015
Jason A Green Kerry L & Sweryn R Morgiewicz Betty G Durham
2507 Mount Vernon Road SW 2501 Mount Vernon Road SW 1743 Blair Road SW
Roanoke VA 24015 Roanoke VA 24015 Roanoke VA 24015
James M & Dana M George Robert G Jennings Louise H W ermillion
2340 Benheim Road SW 1744 Blair Rd SW 3239 Cleamiew Drive
Roanoke VA 24015 Roanoke VA 24015 Roanoke VA 24018
James E & Connie L Hogan Jason M Branin Donald R & Barbara Jean Bolles
2702 Guilford Avenue SW 2708 Guilford Avenue SW 1067 San Marcos Court
Roanoke VA 24015 Roanoke VA 24015 Moneta VA 24121
Janet J Hamrick Patricia M Hillman Nancy Ball Henderson
2716 Guilford Avenue SW 17426 Nicks Drive 831 Chalmers Drive
Roanoke VA 24015 Spring Hill FL 34610 Venice FL 342934399
Nancy Weekly Theodore M & Dianne W Smith Rosalind Properties LLC
2728 Guilford Avenue SW 2732 Guilford Avenue SW 2113 Rosalind Avenue SW
Roanoke VA 24015 Roanoke VA 240154116 Roanoke VA 24014
Terry L & Phyllis M Clifton
Anna Dent Murray Life Estate
A E H Properties LLC
28006 Guilford Avenue SW
2810 Cuilfard Avenue SW
2902 Guilford Avenue SW
Roanoke VA 24015
Roanoke VA 24015
Cary NC 27511
John P & Nancy J Fudge
Katrina A & Balserak Virginia Mal
Michael C II & Kristin W Lipscomb
2902 Guilford Avenue SW
2912 Guilford Avenue SW
2916 Guilford Avenue SW
Roanoke VA 24015
Roanoke VA 24015
Roanoke VA 24015
Robert B Brown
Jeffrey K & Michelle R Floyd
Daniel R & Laura A Foutz
2922 Guilford Avenue SW
2926 Guilford Avenue SW
3002 Guilford Avenue SW
Roanoke VA 24015
Roanoke VA 24015
Roanoke VA 24015
Olivia I Byrd Whitney A Hollingsworth Thomas H 111 &Alice L Lambdon
3006 Guilford Avenue SW 3010 Guilford Avenue SW 3014 Guilford Avenue SW
Roanoke VA 24015 Roanoke VA 24016 Roanoke VA 24015
Freddie L Crockett Jr Betty J Lodehole Theodore R & Betty J Crouch
3022 Guilford Avenue SW 2334 Oregon Avenue SW 2334 Oregon Avenue SW
Roanoke VA 24015 Roanoke VA 24015 Roanoke VA 24015
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
CITY OF ROANOKE - PDV
Atln TmaM Carr
215 CHURCH AVE
ROOM 166
ROANOKE VA24011
Account Number
6011039
Dale
August 02, 2016
Date
Calegory
Description
Ad Size
Total GOSt
08/0212016
Legal Notices
PUBLIC HEARING NOTICE
All public hearings advertised her
1 x 233 L
2.194 96
Publisher of the
Roanoke Times
I, (the undersigned) an authorized representative of the
Roanoke Times, a daily newspaper published in Roanoke, in the
State of Virginia, do certify that the annexed notice PUBLIC
HEARING NOTICE A was published in said newspapers on the
following dates:
0 7126, 08ID212016
The First insertion being given ... 0712612016
Newspaper reference: 0000360817
B(Iling Repre entative
Sworn to and subscribed before me this Tuesday, August 2, 2016
Notary Publil w-';;
Slate of Virginia
CitylCounty of Roanoke 4'I 3ollq� o
My Commission expires
THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU
PUBLIC NEARING NOTICE
al pc bbd Oeandel sevnniseC herein
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PUBLIC HEARING NOTICE
PUBLIC HEARING NOTICE
All public hearings advertised herein will be held in the City Council Chamber, fourth floor,
Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia.
All applications are available for review in the Planning, Building, & Development office, Room
166,215 Church Avenue, S.W., Roanoke, Virginia.
The City of Roanoke Planning Commission will hold a public hearing on August 8, 2016, at
1:30 p.m., or as soon as the matter may be heard, to consider this application:
Amended application by Roanoke City School Board to amend the Planned Unit Development
Plan and conditions proffered as part of a previous rezoning at 2102 Grandin Road, S.W.,
bearing Official Tax No. 1460101. The conditions placed upon the property by the adoption of
Ordinance 39976 - 061614 on June 16, 2014, proposed for amendment include: requiring
development in substantial conformity with a development plan revision dated April 14, 2014,
development plan dated May 5, 2014, building elevations dated April 5, 2014, utility plan dated
December 5, 2005, stadium plan dated January 18, 2007, and stadium sections dated December
1, 2006; limiting the use of the school sports stadium facility to high school athletics, band
practice, graduation ceremonies, middle school athletics, and athletic events sponsored through
the City of Roanoke Parks and Recreation department; limiting the use of sound amplification
systems for high school varsity football games, varsity soccer games, varsity lacrosse games,
graduation assemblies, and the annual championship games for Roanoke City Parks and
Recreation youth football; requiring manual traffic control, to include security personnel, before
and after all varsity football games and graduation ceremonies at intersections of Brandon
Avenue and Grandin Road, Grandin Road and Labumum Avenue, Grandin Road and Avenel
Avenue, Guilford Avenue and Lofton Road in coordination with the City's police department;
requiring manual traffic control, to include security personnel, at the intersection of Lofton Road
and Guilford Avenue before, during, and after every varsity football game to prevent vehicular
traffic, excluding emergency vehicles, from entering and existing Patrick Henry High School
campus from Lofton Road; requiring manual traffic control, to include security personnel, at the
service entrance to Patrick Henry High School from Blenheim Road before every varsity
football game to prevent pedestrian and vehicular traffic, excluding emergency vehicles and
Icam hu'C', from utilising the sen CC entrusc to Patrick Henn High School from Blenheim
ROad; and requiring ;m engineering studs of ihC sound amplification system �cithin six months of
approval of the proffers. The changes to the amended conditions proposed include: replacing a
development plan with one dated June 16, 2016; removing a utility plan dated December 5,
2005; revising a stadium plan newly dated June 16, 2016; allowing usage of the stadium facility
for athletics, non - amplified band practices, performances by the Patrick Henry High School
marching band, and graduation ceremonies; allowing utilization of the sound amplification
system in the stadium for athletics and graduation assemblies, but not for athletic team practices
or school band performances; removing the requirement for manual traffic control before and
after all varsity football games and graduation ceremonies from the intersections of Grandin
Road and Labumum Avenue, and Guilford Avenue and Lofton Road; removing the requirement
for manual traffic control at the intersection of Lofton Road and Guilford Avenue before, during,
and after every varsity football game intended to prevent vehicular traffic from entering and
exiting the Patrick Henry High School campus from Lofton Road; adding a requirement for
manual traffic control at the service entrance to Patrick Hemy High School from Blenheim Road
during and after every varsity football game; adding the ability for school staff with
identification to use the service entrance to Patrick Henry High School from Blenheim Road
before, during, and after every varsity football game; removing the requirement for an
engineering study of the sound amplification, adding a requirement for a vegetative screen of
large evergreen trees to be inspected by August I of each year and replaced, if dead, by
September I of that same year; and adding the opportunity to increase the occupancy of the
stadium from 3,005 to 4,500 through the issuance of a temporary Certificate of Occupancy
under certain circumstances. The zoning of the property will remain INPUD, Institutional
Planned Unit Development District, permitting these land use categories: include residential;
accommodations and group living; commercial; assembly and entertainment; public, institutional
and community facilities; transportation; utility; agricultural; and accessory, with a maximum
density of one dwelling unit per 1,800 square feet of lot area. The comprehensive plan
designates the property for large institutional and recreation/open space use, but does not specify
density. The proposed uses of the property will remain unchanged: library; educational facilities,
business school or nonindustrial trade school, college /university, elementary/ middle /secondary,
school for the arts; day care center, child; office, general or professional.
Tina M. Carr, Secretary, City Planning Commission
City Council will hold a public hearing on the aforesaid application on August 15, 2016, at 7:00
p.m., or as soon as the matter may be heard, in the City Council Chamber, fourth floor, Room
450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia.
Stephanie M. Moon Reynolds, MMC, City Clerk
The City of Roanoke Board of Zoning Appeals will hold public hearings on August 10, 2016,
at 1:00 p.m., or as soon as the matters may be heard, to consider these applications:
Application from Pamela Clement for property located at 624 Mountain Avenue, S.W., bearing
Official Tax No. 1121001, zoned RM -1, Residential — Mixed - Density, for a special exception
pursuant to Section 36.2 -311, Zoning, Code of the City of Roanoke (1979), as amended, to
establish a homestay.
Application from Sharlene Sutphin for property located at 3425 Princeton Circle, N.E., bearing
Official Tax No. 3170251, zoned RM -1, Residential — Mixed - Density, for a special exception
pursuant to Section 36.2 -311, Zoning, Code of the City of Roanoke (1979), as amended, to
establish a dwelling, two - family.
Application from Estela Gonzalez and Manuel Hidalgo for property located at 3150 Williamson
Road, N.W., bearing Official Tax No. 2070122, zoned CG, Commercial General, for a special
exception pursuant to Section 36.2 -315, Zoning, Code of the City of Roanoke (1979), as
amended, to establish an eating and drinking establishment, abutting a residential district.
Application from Estela Gonzalez and Manuel Hidalgo for property located at 3150 Williamson
Road, N.W., bearing Official Tax No. 2070122, zoned CG, Commercial General, for a special
exception pursuant to Section 36.2 -315, Zoning, Code of the City of Roanoke (1979), as
amended, to establish an entertainment establishment, abutting a residential district.
Tina M. Carr, Secretary, City Board of Zoning Appeals
Any person with a disability requiring any special accommodation to attend or participate in the
hearings should contact the City Clerk's office at (540) 853 -2541 at least five days prior to the
scheduled hearing.
Please publish in newspaper on Tuesday, July 26, 2016, and Tuesday, August 02, 2016.
Please bill and send affidavit of publication to:
Tina M. Carr
Secretary to the Board of Zoning Appeals
Secretary to the Planning Commission
Planning Coordinator
Planning, Building & Development
City of Roanoke
Noel C. Taylor Municipal Building
215 Church Avenue, SW, Room 166
Roanoke, VA 24011
540/853 -1330
tina.caff@,)roanokeva.gov
Please send affidavit of publication to:
Stephanie M. Moon Reynolds, MMC, City Clerk
215 Church Avenue, S.W., Suite 456
Noel C. Taylor Municipal Building
Roanoke, Virginia 24011 -1536
540/853 -2541
dF
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
TelepOOnc (540) 853 -2541
Far: (540) 853 -1145
.S1]OLANIE M. MOON REYNOLDS, MMC
E- n,vil: cierkC$onnukeva.gov CECELIA F. MCCOY
City Clerk
Deputy City Clerk
CECELIAT. WEEE,CMC
Assistant Deputy City Clerk
July 25, 2016
Interested Party and /or Adjoining Property Owners
Dear Ladies and Gentlemen:
A public hearing has been advertised to be heard by the City Planning Commission on
Monday, August 8, 2016 at 1:30 p.m., in the Council Chamber, Fourth Floor, Noel C.
Taylor Municipal Building, 215 Church Avenue, S. W., regarding a request by Roanoke City
School Board to amend the Planned Unit Development Plan and conditions proffered as
part of a previous rezoning at 2102 Grandin Road, S.W., bearing Official Tax No. 1460101.
Also, pursuant to provision of Resolution No. 25523 adopted by the Council of City of
Roanoke on Monday, April 6, 1981, a public hearing regarding the abovementioned matter
has been scheduled to be heard before the Roanoke City Council on Monday,
August 15. 2016 at 7:00 p.m., in the Council Chamber, pending formal action by the City
Planning Commission. Action taken by the City Planning Commission may be viewed on
the City's webpage, www.roanokeva.gov, under "Roanoke Planning Commission News ".
This letter is provided for your information as an interested party and /or adjoining property
owner. If you have questions regarding the Planning Commission public hearing, please
contact Tina Carr, Secretary to the City Planning Commission at (540) 853 -1730.
Questions regarding the City Council public hearing may be directed to the City Clerk's
Office at (540) 853 -2541.
Sinnc�ereelly,
Stephanie M. Moon Reynolds, MMC
City Clerk
Enclosure
PC: Richard Rife, Rife + Wood Architects, 1316 Grandin Road, Roanoke, Virginia 24015
P. Steve Barnett, Assistant Superintendent for Operations, Roanoke City Public
Schools, P. O. Box 13145, Roanoke, Virginia 24031
Tina Carr, Secretary, Roanoke Planning Commission
Zoning Amendment
Application r�
Depadment of Planning, Building and Developmem RECEIVED ROA N O K E
Room 166, Noel C. Taylor Munkipal Bu ding
215 Church Avenue, S.W. AUG 0 12016
Roanoke, Virginia 24011 Click Hereto Print
Phone: (540) 853 -1730 Fax: (540) 853 -1230 CITY OF ROA14OKE
_ PUNNING BUILDINNiGC
Date: [Jul 29, 2016 Subm hal Numhe�XWN§ %ppllcation No.2
❑ Rezoning, Not Otherwse Listed ) Amendment of Proffered Conditions
❑ Rezoning, Conditional ❑ Amendment of Planned Unit Development Plan
❑ Rezoning to Planned Unit Development ❑ Amendment of Comprehensive Sign Overlay Distinct
❑ Establishment of Comprehensive Sign Overlay District
Address: 2102 Grandin Road, Roanoke, VA 24015
Official Tax Na(s).: !1460101
Existing Base Zoning: INPUD, Institutional Planned Unit Development
(If multiple zones, please manually enter all datncts.) II
Ordinance No(s). for Existing Conditions (If applicable): [ 399'16 -oo Ib14
j With Conditions _Proposed
Requested Zoning: INPDD, Institutional Planned Unl _ Educ[ional
g �' Without Card lions Land Usea
__ _ I
Q With Conditions
Q Without Conditions
Name: [City of Roanoke, Va _ Phone Number +1 (S40) Bs3 -2000 ]
VA 24011
Name: [City of Roanoke School Board
X
Address. 40 Douglass Avenue, NW, Roanoke, VA 74012
P g
Applicants Signature.
Name: [Richard Rife, Rife + Wood Architects
Address I1 326 randln Road, R nuke, VA 24015
Authorized Agi Sg�,
E -Mail: 11 Ms.morrillF roanokeva.gov
Phone Number: 1 ♦1(540)853 -2382
[ E -Mail: pharnel0-rcps.inlo
Phone Number: [ +1 (540) 344 -6f)l5
E -Mail: 1nchardt1,,(.00d.mm_ _____
Zoning Amendment
Application Checklist
ft iO07"I masTEe a 6 nTtted 8>r`atl i0WaWb'&: ROA N O K E
F- Completed application form and checklist.
I— Written narrative explaining the reason for the request.
F- Metes and bounds description, d applicable,
F Filing fee.
Fq a rewn'T$g ncf of�eir�x(ae da�e�, tTre'dofib g cocas! zfsolte sutimilledl
r Concept plan meeting the Application Requirements of item'2(c)' in Zoning Amendment Procedures.
uForaeNena fn@ 1' tFTdTo _wl_rg`mt,TsTa&oixsuBmined: -�
i— Written proffers. Sea the City's Guide to Proffered Conditions.
Concept plan meeting the Application Requirements of ilem'2(c)' in Zoning Amendment Procedures. Please label as
F- 'development plan' d proffered.
Fo>rap1 un opawnttfie'fd 'wF8"ri�rstatiobTlisulim
— -
r Development plan meeting the requirements of Section 36.2 -326 of the City's Zoning Ordinance.
Fd7 "a eanP_. _n a y�jr ovarl_ .�Ikwng mist3e
F- Comprehensive sgnage plan meeting the requirements of Section 36.2- 336(d)(2) of the City's Zoning Ordinance ,
For aname n,�.f, P. a eo,--ope^_ 'mustals—d°subtli�
F Amended development orconcept plan meeting the Application Requirements of dem'2(c)' in Zoning Amendment Procedures,
ff applicable.
F Written proffers to be amended. See the Clys Gu de to Proffered Conditions.
r Copy of previously adopted Ordinance.
Fbra,yTagned -C deve meMame s8afojowng'muafalso6e "s6&t"
r Amended development plan meeting the requlrements of Section 36.2 -326 of the City's Zoning Ordinance,
r Copy of previously adopted Ordinance,
M&K lfiel OWIT must also s mm edj
F Amended comprehensive sgnage plan meeting the requirements of Section 362- 336(d) of the Ciys Zoning Ordinance.
F- Copy of previously adopted Ordinance.
'For a. proposaT3tai requires a tnRle fmpaclsWdy be submitted to the CNy, die folk must also be'sutim� led:.
r A Traffic Impact Study in compliance with Appendix &2(e) at the City's Zoning Ordinance.
For a pmptis'altBat ie"quims a tr , o input malysis be submdted to VtfOY; the fdlowiag must also be su6mi @edS-
r Cover sheet.
r Traffic impact analysis.
F Concept plan.
F- Proffered conditions, if applicable.
F- Required fee.
'An electronic copy of this application and checklist can be found at w roanokeva.gov /pbd by selecting'Planning Commission under
'Boards and Commissions'. A complete packet must be submitted each tme an application is amended, unless othermse specified by
staff.
Patrick Henry High School Stadium
Request for Modifications of Proffered Conditions of Ordinance No. 39976-
061614 as they pertain to Official Tax No. 1460101:
Background Information:
Certain proffered conditions related to use of the stadium were enacted in February 2006 as
part of amendments to the Development Plan for the new school to add the stadium to the
school's campus. For the first three years of the stadium's operation, it was utilized by
William Fleming High School as well as Patrick Henry while William Fleming's new
building was under construction. The original proffers included requirements for a percentage
of the games to be played on Saturdays during the daytime and restrictions on the use of the
stadium lights. The 2006 conditions were subsequently modified by City Council in 2010 to
remove the requirements for daylight games and otherwise simplify the proffers.
The Process:
Richard Rife of Rife + Wood Architects was engaged by the City of Roanoke School Board to
prepare this request. The School Board's primary interest in requesting these proffer changes
is to reduce the restrictions on what types of athletic uses and events can be held in the
stadium while still respecting the rights of neighboring homeowners. The Board charged Mr.
Rife to meet with various interested parties to explain the School Board's desire to simplify
the proffers and to attempt to find common ground for the operation of the stadium.
Mr. Rife met with Planning Director Chris Chittum and Planning Administrator Ian Shaw on
January 14 and May 6, 2016 to explain the Board's interests and to discuss how the language
of the proffers could be improved to make the proffers more clear so that enforcement of the
proffers could be more consistent.
Mr. Rife met individually with Mr. Kit Hale, an adjacent property owner and then - President
of the Raleigh Court Neighborhood Association, on February 11, 2016. Mr. Hale expressed
his concerns about the stadium's operation from both his personal perspective as a neighbor
and his perspective as a leader of a neighborhood organization. Mr. Hale and Mr. Rife
discussed proffer changes that would allow greater utilization of the stadium while adding
other proffers that would address problems Mr. Hale had seem during its years of operation.
Mr. Rife subsequently presented a draft list of proffer changes to the Board of the Raleigh
Court Neighborhood Association on March 31, 2016 to inform them of the Board's upcoming
request and to solicit its input and support. Ms. Mary Dykstra, who has since succeeded Mr.
Hale as President of the Neighborhood Association, was in attendance at that meeting.
Mr. Shaw, Zoning Administrator Jillian Moore, and Development Inspector Winston Corbett
met with Mr. Rife, City Schools Assistant Superintendent Steve Barnett, Chief of Physical
Plants Jeff Shawver, Patrick Henry Principal Joseph Jablonski, Athletic Director Patti Sheerly
and other school personnel on May 26, 2016 to walk the site and discuss the stadium's
operation and maintenance.
Messrs. Barnett, Shawver, and Rife attended the Planning Commission's work session on July
8, 2016 and informally discussed the proposed proffer changes. Topics of discussion included
traffic control, limiting pedestrian access to the school's service road during football games,
the difficulty of enforcing operational proffers and how to address the need to occasional
accommodate overflow crowds. The Commission questioned the inclusion of a proposed
future fieldhouse on the revised Development Plan and the lack of detail on its design. The
School Administration decided to remove the fieldhouse from this request and the submitted
Development Plan and Stadium Plan no longer show a fieldhouse.
Mr. Rife met with four members of the Raleigh Court Neighborhood Association Board on
July 15, 2016 to discuss the final version of the proffers. The discussion centered on limiting
pedestrian access to the school's service road and limiting parking along Blenheim Road
during football games.
The Request:
A strike- through text of the proposed proffer changes is attached to this application as well as
a proposed final version. An item -by -item description of each requested proffer change is as
follows:
Existing Proffer L Art amended Development Plan, dated June 16, 2016, is being submitted
to show the location of a gate to be added to allow service vehicles to enter the stadium from
the south side.
Existing Proffer 2: An amended Stadium Plan dated June 16, 2016 is being submitted to
show the location of a gate to be added to allow service vehicles to enter the stadium from the
south side.
Existing Proffer 3: The proposed changes to this proffer would free up the stadium for a
broader set of athletic uses such as clinics sponsored by colleges and soccer and lacrosse
tournaments sponsored by local club teams. The Board also recognizes that the stadium was
paid for with public funds and feels that increasing the utilization of the stadium will result in
a greater return on the public's investment.
Existing Proffer 4: This proposed proffer change seeks to clarify that the sound system within
the stadium may only be used for athletics and graduation ceremonies within the stadium.
The previous language was vague and could be interpreted to also apply to the softball and
baseball fields. It further clarifies that the sound system shall not be used during practices.
Existing Proffer 5: This proposed proffer change eliminates two traffic control locations.
Eight years of utilization of the stadium has shown these locations do not require traffic
control.
Existing Proffer 6: The School Board proposes to eliminate this proffer. It was originally
written to prevent fans from parking on Guilford Avenue. We have not seen that this has
been a problem.
Existing Proffer 7, renumbered to 6: the proposed changes to this proffer clarifies that
Patrick Henry staff with identification may use the service road during football games.
Existing Proffer 8: This proffer is no longer pertinent as the School Board completed the
required sound study some time ago.
New Proffer 7: This proposed new proffer addresses neighborhood concerns about the long
term maintenance of the evergreen screening around the stadium.
New Proffer 8: This proposed new proffer will clarify under what conditions the stadium's
occupancy may occasionally be increased.
Patrick Henry High School Stadium - Proposed New Proffers
Key: Amended Application No. 2
• holies denote new language.
v.u.w.nrvu6n denotes deleted -,language
The Applicant hereby requests that the following proffered conditions enacted by Ordinance
No. 39976 - 061614 be AMENDED as they pertain to properly located at 2102 Grandin Road,
SW, and identified as Official Tax No. 1460101:
1. The properly will be developed in substantial conformity with the revised Development
Plan prepared by Rife + Wood Architects dared June 16, 2016, A lffed nn Che .. ieF dined., ieF dined
March 3, 2010 and Fevised b the City of R..,._akedted April 14,201;the- Development
Plan prepared by HBM Architects dated May 5, 2014, and Building Elevations prepared by
HBM Architects dated April 5, 2014, and ;he r tit t. Plan _tepared by Rife i Wee
copies which are attached to this application.
2. The school sports stadium will be developed in substantial conformity with the revised
Stadium Plan prepared by Rife + Wood Architects dated 3e.omy -14, 20007 June 16, 2016 and
the Stadium Sections dated December 1, 2006, copies of which are attached to this
application.
3. That the usage of the sehaeFspso stadium facility will be limited to high- seheel athletics,
non - amplified band practices foe and performances by the Patrick Henry High School
marching band, and graduation ceremonies. , middle sehiial athletics, and tabletie events
4. That the all sound amplification systems in the stadium will be used utilized only for high
sehool vaisity f°°" °' games, - sky seeeeF games, V&S 1)'18eFesse games, athletics and
graduation assemblies, and the annual championship games f0F ROMOke G t)'PaFIES and
°,.eematianyo "ilt eetbaI'.. The sound onrphilication systems shall not be milized during
athletic team practices or to amplify school band performances.
5. That manual traffic control, to include security personnel, will be provided before and after
all varsity football games and graduation ceremonies at the intersections of Brandon Avenue
and Grandin Road, and GFandin Rand ring I.AhAFRUna Avenue, Grandin Road and Avenel
Avenue Hurl n..:lc .d A..._... and Lefton Read in coordination with the City of Roanoke
Police Department.
6. n ..PI -0...n Read and G 14.-d A... -... L..£.-.. dUF Fig, and ..flee every .
football game go prevent emefgeRey vehicles, from entering ara-I
exiling Patu ck llemy High Sehool campus ffam Lefton Read.
6.7, That manual traffic control, to include security personnel, will be provided at the service
entrance to Patrick Henry High School from Blenheim Road before, during, and niter every
varsity football game to prevent pedestrian and vehicular traffic, excluding emergency
vehicles, and team buses, and school staff with identification, from utilizing the service
entrance to Patrick Henry High School from Blenheim Road.
Z A vegefative screen of7arge evergreen bees .vhall be plctnted and niaiittahted oa the
exterior slopes of the earthen berms surrounding the stadium as shown on the Stadhon Plan
prepared by Rik + Woad Architects dated June 16, 2016. No later than August I ()]*each
year, the ChiefofPhysicul Plants fir Roanoke City Public .Schools shall conduct an
inspection of this vegetative screen and replace any dead Iees with replucement trees of least
5' -0" in height by no later than September l of that year.
8. The permanent seating capacity ofthe stadium is 3,005. Additional temporary occupancy
up to 4,500 may he permitted if Roanoke City Public Schools obtains a temporary Certificate
of Occupancy and provides adequate sanifary facilities and ingress / egress.
Patrick Henry High School Stadium - Proposed New Proffers
The Applicant hereby requests that the following proffered conditions enacted by Ordinance
No. 39976- 061614 be AMENDED as they pertain to property located at 2102 Grandin Road,
SW, and identified as Official Tax No. 1460101:
1. The property will be developed in substantial conformity with the revised Development
Plan prepared by Rife + Wood Architects dated June 16, 2016, a copy of which is attached to
this application.
2. The school sports stadium will be developed in substantial conformity with the revised
Stadium Plan prepared by Rife + Wood Architects dated June 16, 2016 and the Stadium
Sections dated December 1, 2006, copies of which are attached to this application.
3. That the usage of the stadium facility will be limited to athletics, non - amplified band
practices and performances by the Patrick Henry High School marching band, and graduation
ceremonies.
4. That the sound amplification systems in the stadium will be utilized only for athletics and
graduation assemblies. The sound amplification systems shall not be utilized during athletic
team practices or to amplify school band performances.
5. That manual traffic control, to include security personnel, will be provided before and after
all varsity football games and graduation ceremonies at the intersections of Brandon Avenue
and Grandin Road, and Grandin Road and Avenel Avenue in coordination with the City of
Roanoke Police Department.
6. That manual traffic control, to include security personnel, will be provided at the service
entrance to Patrick Henry High School from Blenheim Road before, during, and after every
varsity football game to prevent pedestrian and vehicular traffic, excluding emergency
vehicles, team buses, and school staff with identification, from utilizing the service entrance
to Patrick Henry High School from Blenheim Road.
7. A vegetative screen of large evergreen trees shall be maintained on the exterior slopes of
the earthen berms surrounding the stadium as shown on the Stadium Plan prepared by Rife+
Wood Architects dated June 16, 2016. No later than August I of each year, the Chief of
Physical Plants for Roanoke City Public Schools shall conduct an inspection of this vegetative
screen and replace any dead trees with replacement trees at least 5' -0" in height by no later
than September I of that year.
8. The permanent seating capacity of the stadium is 3,005. Additional temporary occupancy
up to 4,500 may be permitted by a temporary Certificate of Occupancy provided that adequate
sanitary facilities and egress are provided.
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Zoning Amendment
Application
Department of Planning, Building ano Development
Roam 166 Noel G. Taylor Municipal Bai'ding
215 Church Avenue, S.W_
Roanoke. Virginia 24011
Phone'. (540) 853 -1730 Fax. (540)853 -1230
Date'. JUIy I5, 20 16
R�72ct �L�e41xIRR_�Y_
17 Rezoning, Not Oi Listed
SUDI-mi l Number) Pmenced Application No. l
'i Rezoning, Conditional
Banning to Planned Unit Development
— Establishment of Comprehensive Sign Overlay Dsidct
Prouer�v trif4[op� - -. +�,
Address'. 2101 &andtn Road, Roanoke, VA 24015
ROANOKE
Click Rere to Prin!
C'. Amendment of Proffered Conditions
Fx Amendment of Planned Unit Development z1an
[ Amsndmont of Cumprehensrvo Sign Overlay DfaO ct
Official Tax Nola).: 1460101
Existing Base Zoning. [X] With Conditions
INPUD Institutional Planned Unit Development
(If multiple zones, please manually enter all barriers.) itu Without Conditions
O,dinance Nola). for Exlstno Conddions (If applicable) [31-171 o6t 614
X1 Wnh Conditions P;oposed
Requested Zoning iINPUD Institute. IPlannedU Wllnoul0ondhions Land Use Ed ca;ional
Name'. City of Roanoka,VA
Phone Number.
+1(>40)853 -2000
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E- Mail . obis reef Ilaroanokevagov
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Ade urc uAv- Pl, Noanoke,VA 240
Prope
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Phone Numder 0 ) 851 1382
Name Ciry of Roanoke Scheel Board
Add a sf�� -yJ�40 [)o ass Avenue NW Roanoke,VP 24102
_ E -Mail pbar ea csinfe
Applicant's Slgnamre
Audio rimd,pgeRt Injormption_ jif applicable);.
Name R,, Rife Rife +Wood Architects
Phene Number +1 6401 344 601 5
Address. 1315 -randm Road, Rcanoke VA 2401
E Ma l r rcha darifewood com
AulSoi zed AOent SionaW - -.—
Zoning Amendment
Application Checklist �►
The foOowNg, must be l5h ied��Or all apple a"tions: R OA N O K E
Fx Completed application form and checklist.
Fx Written narrative explaining the reason for the request.
F- Metes and bounds description, if applicable.
ix Filing fee.
For a rezoning not othervriee liated"`thello'wmg mustalsobe su_bMtted,
r Concept plan meeting the Application Requirements of item '2(c)' in Zoning Amendment Procedures.
F- Written proffers. See the City's Guide to Proffered Conditions.
Concept plan meeting the Application Requirements of item'2(cy in Zoning Amendment Procedures. Please label as
F- 'development plan' t proffered.
ra plann n o en ", s6aCsb tiasu mididi
r Development plan meeting the requirements of Section 36.2 -326 of the City's Zoning Ordinance.
F- Comprehensive signage plan meeting the requirements of Section 36.2- 336(d)(2) of the City's Zoning Ordinance.
- oranamsli meptof ro ere ;cop n awing:mtr a sfig"uliml cH�
r Amended development or concept plan meeting the Application Requirements of item'2(c)' in Zoning Amendment Procedures,
f applicable.
Fx Written proffers to be amended. See the City's Guide to Proffered Conditions,
F Copy of previously adopted Ordinance.
evelo moOp uBo e olwm 6asyb'
Amended development plan meeting the requirements of Section 36.2 -326 of the City's Zoning Ordinance.
Fx Copy of previously adopted Ordinance.
o`r"'�'c iii irons firf s ova yam d'men tiie.fotlov'>Piia rnu(al bee sub "mom
f Amended comprehensive signage plan meeting the requirements of Section 36.2- 336(d) of the City's Zoning Ordinance.
F- Copy of previously adopted Ordinance,
I— A Traffic Impact Study in compliance with Appendix B -2(e) of the City's Zoning Ordinance.
For a proposal thaitacit afrafiicTinpa `analysla tie: subml�ed to�Tl�Tjl��fovdng`must alsoFe slibmitled;
7 Cover sheet.
r Traffic impact analysis.
7 Concept plan.
F- Proffered conditions, if applicable.
F- Required fee,
'An electronic copy of this application and checklist can be found at www.roanokeva,govlpbd by selecling'Planning Commission' under
'Boards and Commissions'. A complete packet must he submitted each time an application is amended, unless otherwise specified by
staff.
Patrick Henry High School Stadium
Request for Modifications of Proffered Conditions of Ordinance No. 39976-
061614 as they pertain to Official Tax No. 1460101:
Background Information:
Certain proffered conditions related to use of the stadium were enacted in February 2006 as
part of amendments to the Development Plan for the new school to add the stadium to the
school's campus. For the first three years of the stadium's operation, it was utilized by
William Fleming High School as well as Patrick Henry while William Fleming's new
building was under construction. The original proffers included requirements for a percentage
of the games to be played on Saturdays during the daytime and restrictions on the use of the
stadium lights. The 2006 conditions were subsequently modified by City Council in 2010 to
remove the requirements for daylight games and otherwise simplify the proffers.
The Process:
Richard Rife of Rife + Wood Architects was engaged by the City of Roanoke School Board to
prepare this request. The School Board's primary interest in requesting these proffer changes
is to reduce the restrictions on what types of athletic uses and events can be held in the
stadium while still respecting the rights of neighboring homeowners. The Board charged Mr.
Rife to meet with various interested parties to explain the School Board's desire to simplify
the proffers and to attempt to find common ground for the operation of the stadium.
Mr. Rife met with Planning Director Chris Chittum and Planning Administrator Ian Shaw on
January 14 and May 6, 2016 to explain the Board's interests and to discuss how the language
of the proffers could be improved to make the proffers more clear so that enforcement of the
proffers could be more consistent.
Mr. Rife met individually with Mr. Kit Hale, an adjacent property owner and then- President
of the Raleigh Court Neighborhood Association, on February It, 2016. Mr. Hale expressed
his concerns about the stadium's operation from both his personal perspective as a neighbor
and his perspective as a leader of a neighborhood organization. Mr. Hale and Mr. Rife
discussed proffer changes that would allow greater utilization of the stadium while adding
other proffers that would address problems Mr. Hale had seem during its years of operation.
Mr. Rife subsequently presented a draft list of proffer changes to the Board of the Raleigh
Court Neighborhood Association on March 31, 2016 to inform them of the Board's upcoming
request and to solicit its input and support. Ms. Mary Dykstra, who has since succeeded Mr.
Hale as President of the Neighborhood Association, was in attendance at that meeting.
Mr. Shaw, Zoning Administrator Jillian Moore, and Development Inspector Winston Corbett
met with Mr. Rife, City Schools Assistant Superintendent Steve Barnett, Chief of Physical
Plants Jeff Shawver, Patrick Henry Principal Joseph Jablonski, Athletic Director Patti Sheedy
and other school personnel on May 26, 2016 to walk the site and discuss the stadium's
operation and maintenance.
Messrs. Harnett, Shawwer, and Rife attended the Planning Commission's work session on July
8, 2016 and informally discussed the proposed proffer changes. Topics of discussion included
traffic control, limiting pedestrian access to the school's service road during football games,
the difficulty of enforcing operational proffers and how to address the need to occasional
accommodate overflow crowds. The Commission questioned the inclusion of a proposed
future fieldhouse on the revised Development Plan and the lack of detail on its design. The
School Administration decided to remove the fieldhouse from this request and the submitted
Development Plan and Stadium Plan no longer show a fieldhouse.
Mr. Rife met with four members of the Raleigh Court Neighborhood Association Board on
July 15, 2016 to discuss the final version of the proffers. The discussion centered on limiting
pedestrian access to the school's service road and limiting parking along Blenheim Road
during football games.
The Request
A strike - through text of the proposed proffer changes is attached to this application as well as
a proposed final version. An item -by -item description of each requested proffer change is as
follows:
Existing Proffer 1: An amended Development Plan, dated June 16, 2016, is being submitted
to show the location of a gate to be added to allow service vehicles to enter the stadium from
the south side.
Existing Proffer 2: An amended Stadium Plan dated June 16, 2016 is being submitted to
show the location of a gate to be added to allow service vehicles to enter the stadium from the
south side.
Existing Proffer 3: The proposed changes to this proffer would free up the stadium for a
broader set of athletic uses such as clinics sponsored by colleges and soccer and lacrosse
tournaments sponsored by local club teams. The Board also recognizes that the stadium was
paid for with public funds and feels that increasing the utilization of the stadium will result in
a greater return on the public's investment.
Existing Proffer 4: This proposed proffer change seeks to clarify that the sound system within
the stadium may only be used for athletics and graduation ceremonies within the stadium.
The previous language was vague and could be interpreted to also apply to the softball and
baseball fields. It further clarifies that the sound system shall not be used during practices.
Existing Proffer 5: This proposed proffer change eliminates two traffic control locations.
Eight years of utilization of the stadium has shown these locations do not require traffic
control.
Existing Proffer 6: The School Board proposes to eliminate this proffer. It was originally
written to prevent fans from parking on Guilford Avenue. We have not seen that this has
been a problem.
Existing Proffer 7, renumbered to 6: The proposed changes to this proffer clarifies that
Patrick Henry staff with identification may use the service road during football games.
Existing Proffer 8: This proffer is no longer pertinent as the School Board completed the
required sound study some time ago.
New Proffer 7: This proposed new proffer addresses neighborhood concerns about the long
tern maintenance of the evergreen screening around the stadium.
New Proffer 8: This proposed new proffer will clarify under what conditions the stadium's
occupancy may occasionally be increased.
Patrick Henry High School Stadium - Proposed New Proffers
Key.;
• Italics denote new language.
Strikethrough deninei deleted language
The Applicant hereby requests that the following proffered conditions enacted by Ordinance
No. 39976 - 061614 be AMENDED as they pertain to property located at 2102 Grandin Road,
SW, and identified as Official Tax No. 1460101
1. The property will be developed in substantial conformity with the revised Development
Plan prepared by Rife + Wood Architects dated June 16, 2016, " frM ^. "^ °- dAn d
p4aroah 3, and revised by the City of o°....,. e dated Apiril 14, 2014 the - Development
Plan prepared by HBM Architects dated May 5, 2014, and Building Elevations prepared by
I IBM Architects dated April 5, 2014, and the Utility Plan prepared r... Rive I Wood
Poehiteets dated Deee .1..._ � 2005 copies which are attached to this application.
2. The school sports stadium will be developed in substantial conformity with the revised
Stadium Plan prepared by Rife + Wood Architects dated jariva y 19, 2007 June 16, 2016 and
the Stadium Sections dated December 1, 2006, copies of which are attached to this
application.
3. That the usage of the scheel- spentS stadium facility will be limited to high- seheol athletics,
non-amplified band practices for and performances by the Patrick Henry High School
marching band and graduation ceremonies. , middle seheal athleties, and ^thl i,
sponsored through the Parks and Recreation deparomen! of the City of Rearioke,.
4. That the all sound amplification systems in the stadium will be used utilized only for high
school Ntissity football, g athletics and
graduation assemblies, ° °a " ° °- — °A °-- - °hip games for o°^..° _ City Parka and
�. The sound amplification systems shall not be utilized during
athletic team practices or to amplify .school band performances
5. That manual traffic control, to include security personnel, will be provided before and after
all varsity football games and graduation ceremonies at the intersections of Brandon Avenue
and Grandin Road, and , Grandin Road and Avenel
Avenue in coordination with the City of Roanoke
Police Department.
6. Thai manual traffic control, to include security pCisvnnc,— .. ill r.rc -provided
mo,ps,etion of Lupien Road md Quillefil Avenue befefe, during, and aftef aw
%eEhaN -gatae EepfeveaE- vehicar -a € ° ^t;.e aQiageme gefley= e;tie °. from ente inn an
exiting Patrick Henry High School campais from Leftein Read.
67- That manual traffic control, to include security personnel, will be provided at the service
entrance to Patrick Henry High School from Blenheim Road before, during, and after every
varsity football game to prevent pedestrian and vehicular traffic, excluding emergency
vehicles, and team buses, and school staff with identification, from utilizing the service
entrance to Patrick I lenry High School from Blenheim Road.
7. A vegetative screen of large evergreen trees shall be maintained on the exterior slopes of
the earthen berms surrounding the stadium as shown on the Stadium Plan prepared by Rife +
Wood Architects dated June 16, 2016. No later than August I of each year, the Chief of
Physical Plants far Roanoke City Public Schools shall conduct an inspection of this vegetative
screen and replace any dead trees with replacement trees at least 5' -0" in height by no later
than September 1 of that year.
8. The permanent seating capacity of the stadium is 3,005. Additional temporary occupancy
up to 4,500 may be permitted by a temporary Certificate of Occupancy provided that
adequate sanitary facilities and egress are provided.
Patrick Henry High School Stadium - Proposed New Proffers
The Applicant hereby requests that the following proffered conditions enacted by Ordinance
No. 39976 - 061614 be AMENDED as they pertain to property located at 2102 Grandin Road,
SW, and identified as Official Tax No. 1460101:
1. The property will be developed in substantial conformity with the revised Development
Plan prepared by Rife + Wood Architects dated June 16, 2016, a copy of which is attached to
this application.
2. The school sports stadium will be developed in substantial conformity with the revised
Stadium Plan prepared by Rife + Wood Architects dated June 16, 2016 and the Stadium
Sections dated December 1, 2006, copies of which are attached to this application.
3. That the usage of the stadium facility will be limited to athletics, non - amplified band
practices and performances by the Patrick Henry High School marching band, and graduation
ceremonies.
4. That the sound amplification systems in the stadium will be utilized only for athletics and
graduation assemblies. The sound amplification systems shall not be utilized during athletic
team practices or to amplify school band performances.
5. That manual traffic control, to include security personnel, will be provided before and after
all varsity football games and graduation ceremonies at the intersections of Brandon Avenue
and Grandin Road, and Grandin Road and Avenel Avenue in coordination with the City of
Roanoke Police Department.
6. That manual traffic control, to include security personnel, will be provided at the service
entrance to Patrick Henry High School from Blenheim Road before, during, and after every
varsity football game to prevent pedestrian and vehicular traffic, excluding emergency
vehicles, team buses, and school staff with identification, from utilizing the service entrance
to Patrick Henry High School from Blenheim Road.
7. A vegetative screen of large evergreen trees shall be maintained on the exterior slopes of
the earthen berms surrounding the stadium as shown on the Stadium Plan prepared by Rife +
Wood Architects dated June 16, 2016. No later than August 1 of each year, the Chief of
Physical Plants for Roanoke City Public Schools shall conduct an inspection of this vegetative
screen and replace any dead trees with replacement trees at least 5' -0" in height by no later
than September 1 of that year.
8. The permanent seating capacity of the stadium is 3,005. Additional temporary occupancy
up to 4,500 may be permitted by a temporary Certificate of Occupancy provided that adequate
sanitary facilities and egress are provided.
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Zoning Amendment
Applicatio n
Department of Planning, Building and Development
Room 166, Noel C. Taylor Municipal Building
215 Church Avenue. S.W.
24011
Z ' InCCG
ECEIVED ROANOKE
JUN 21 2016
Roanoke. V r9ima CITY OF RCANOKE
Phone'. (540) 853 -1730 Fax (540) 853 -1230 PUNNING BUILDING 8
DEVEL T
Date: �o 1(0 Iwi(a Submittal Number. 0f( 111Aq _
Rezoning. Not Otherwise Listed
Rezoning, Conditional
Rezoning to Ptanned Unit Development
Establishment of Comprehensive Sign Overlay District
Address'. 2102 Gr"Ardleo -A,SW
Official Tax No(s). 114&DIO I
Click Here lo Print
X Amendment of Prdfered Conditions
Amendment of Planred Unit Development Plan
Amendment of Comprehensive Sign Overlay District
Existing Base Zoning. INPLI� With Conditions
(If multiple zones please manually enter all districts.) Without Conditions
Ordinance No(s), for Existing Conditions (If applicable). 31M 15- 051'(10
X With Conditions Proposed — -
Requested Zoning I NPUD p Public {*- ti 5c6e.1 a..l s'Iwiiun
Without Conditions Land Use S
Name Phone Number: 81
Address'. 'L15 Lhufcf, Aivanuc,,5W, Ko&n Ik ,VA 24012 E -Mail: r.11rrs.norrillerim..66c .3-V
Property Owners Signature.
Name'. (.Daneile_ Lily S A, e 5e.r.1, P 5 +eve f5Arl',, , Phone Number. $53-2382
Address. -4 P. I A NW, VA Z.401Z. 6-Mad i Pb i- rne:tYePs.iW6
Applicant's Signature
Name RicL+ard A -Rider KC4+1A(aoci Alrcl.ltkztS Phone Number'. 344 -6015
Address 15Z(o 4r4nkk Ko*A, Kod i:,i ,VA MICA-5 E -Mail ricl,.rAdr r4ew"A.vm
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Authorized Agent's Signature:
Zoning Amendment
Application Checklist �.�►
ROANOKE
DZ Completed application form and checklist.
V Written narrative explaining the reason for the request.
IR Metes and bounds description, if applicable.
6"( Filing fee.
Concept plan meeting the Application Requirements of item '2(c)' in Zoning Amendment Procedures.
(— Written proffers, See the City's Guide to Proffered Conditions.
Concept plan meeting the Application Requirements of hear c)' in Zoning Amendment Procedures. Please label as
r 'development plan' d proffered.
( Development plan meeting the requirements of Section 36.2 -326 of the City's Zoning Ordinance.
F- Comprehensive sgnage plan meeting the requirements of Section 36.2- 336(d)(2) of the City 's Zoning Ordinance.
Amended development or concept plan meeting the Application Requirements of item 2(c) in Zoning Amendment Procedures,
if applicable.
Written proffers to be amended. See the City's Guide to Proffered Conditions.
K Copy of previously adopted Ordinance.
I Amended development plan meeting the requirements of Section 36.2 -326 of the Citys Zoning Ordinance.
Copy of previously adopted Ordinance.
Amended comprehensive signage plan meeting the requirements of Section 36.2- 336(d) of the City's Zoning Ordinance.
I Copy of previously adopted Ordinance .
A Traffic Impact Study in compliance who Appendix B -2(e) of the City's Zoning Ordinance.
Cover sheet r -
,_. Traffic impact analysis.
Concept plan.
-- Proffered conditions, if applicable.
F- Required fee.
'An electronic copy of this application and checklist can be found at w .manokeva.govlpbd by selecting 'Planning Commission' under
'Boards and Commissions'. A complete packet must be submitted each time an application is amended unless otherwise specified by
staff.
Patrick Henry High School Stadium
Request for Modifications of Proffered Conditions of Ordinance No. 38815-
0517 10 as they pertain to Official Tax No. 1460101:
Backeround Information:
Certain proffered conditions related to use of the stadium were enacted in February 2006 as
part of amendments to the Development Plan for the new school to add the stadium to the
school's campus. For the first three years of the stadium's operation. it was utilized by
William Fleming High School as well as Patrick Henry while William Fleming's new
building was under construction. the original profYers included requirements for a percentage
of the games to be played on Saturdays during the daytime and restrictions on the use of the
stadium lights. The 2006 conditions were subsequently modified by City Council in 2010 to
remove the requirements for daylight games and otherwise simplify the proffers.
the Process:
Richard Rife of Rife . Wood Architects was engaged by the City of Roanoke School Board to
prepare this request. 'the School Board's primary interest in requesting these proffer changes
is to reduce the restrictions on what types of athletic uses and events can be held in the
stadium while still respecting the rights of neighboring homeowners. The Board charged Mr.
Rife to meet with various interested parties to explain the School Board's desire to simplify
the proffers and to attempt to find common ground for the operation of the stadium.
Mr. Rife met with Planning Director Chris Chitt nn and Planning Administrator Ian Shaw on
January 14 and May 6. 2016 to explain the Board's interests and to discuss how the language
of the proffers could be improved to make the proffers more clear so that enforcement of the
proffers could be more consistent.
Mr. Rife met individually with Mr. Kit Hale. an adjacent property owner and then - President
of the Raleigh Court Neighborhood Association, on February 11. 2016. Mr. Hale expressed
his concerns about the stadium's operation from both his personal perspective as a neighbor
and his perspective as a leader of a neighborhood organization. Mr. }dale and Mr. Rife
discussed proffer changes that would allow greater utilization of the stadium while adding
other Proffers that would address problems Mr. Hale had seem during its years of operation.
Mr- Rife subsequently presented a draft list of proffer changes to the Board of the Raleigh
Court Neighborhood Association on March 31.2016 to inform them of the Board's upcoming
request and to solicit its input and support. Ms. Man, Dykstra_ who has since succeeded Mr.
Hale as President of the Neighborhood Association, was in attendance at that meeting.
Mr. Shaw_ Toning Administrator Jillian Moore. and Development Inspector Winston Corbett
met with Mr. Rife, City Schools Assistant Superintendent Steve Barnett. Chief of Physical
Plants Jeff Shawcer. Patrick Henry Principal Joseph Jablonski. Athletic Director Patti Shcedy
and other school personnel on May 26. 2016 to walk the site and discuss the stadium's
operation and maintenance.
The Request:
A strike - through test of the proposed proffer changes is attached to this application as well as
a proposed final version. An item -by -item description of each requested profter change is as
follows:
1. An amended Development Plan and Utility Plan. each dated June 16, 2016, is being
submitted to show the location of a future Fieldhouse which is proposed to be built within the
berm on the east end of the stadium. No money has been allocated for the construction of the
Fieldhouse nor is there an established time frame for its construction.
2. An amended Stadium Plan dated June 16, 2016 is being submitted to show the location of
a future Fieldhouse which is proposed to be built within the berm on the east end of the
stadium. 'The Fieldhouse, if constructed. would block the view into the stadium from nearby
properties similarly to how the berm curtently functions. This amended plan also shows a
gate to be added to allow service vehicles to enter the stadium from the south side.
3. The proposed changes to this proffer would free up the stadium for a broader set of athletic
uses such as clinics sponsored by colleges, soccer and lacrosse tournaments sponsored by
local club teams. The Board also recognizes that the stadium was paid for with public funds
and feels that increasing the utilization of the stadium will resub in a greater term on the
public's investment.
4. This proposed proffer change seeks to clarify that the proffer applies only to the sound
system within the stadium. The previous language was vague and could be interpreted to also
apply to the softball and baseball fields. This proposed change does not affect or expand how
the stadium can he used.
5. This proposed proffer change eliminates two traffic control locations. Fight years of
utilization of the stadium has shown these locations do not require traffic control.
6. The School Board proposes to eliminate this proffer. It was originally written to prevent
fans from parking on Guildford Avenue.
7. The proposed changes to this protfer clarifies measures to betaken to minimize fan traffic
on Blenheim Road and to specifically allow residents of this area to walk to the games via the
sen ice road.
8. This proffer is no longer pertinent as the School Board completed the required sound study
sonic time ago.
9. This proposed new proffer addresses neighborhood concerns about fans parking on
Blenheim Road and leasing behind trash when they leave.
10. This proposed new proffer addresses neighborhood concerns about the long term
maintenance of the evergreen screening around the stadium.
Proffered Conditions to be Amended
The Applicant hereby requests that the following proffered conditions enacted by Ordinance
No. 3 881 5- 051 710 be AMENDED as they pertain to property located at 2102 Grandin Road SW
and Identified as Official Tax No. 1460101:
1. The property will be developed In substantial conformity with the man
A epe ed bp Alf ed 8. Elievallet dated Ma Ch 3. 261 87 Development Wan Prepared by
Alfred 0. Chevalier dated March 3, 2010 and revised by the City of Roanoke dated April
14, 1014; Development Plan prepared by HOW Architects dated May 5,1014; Building
Elevations prepared by HAN Architects dated May 5, 2014; and the Utility Plan
prepared by Rife+ Wood Architects dated December 5, 2005, copies of which are
attached to this application.
2. The school sports stadium faclllry wl11 be developed in substantlal conformity with the
Stadium Plan prepared by R fe+ Wood Architects dated January 18, 2007, and the
Stadium Sections dated December 2, 2006, copies of which are attached to this
application.
3. That the usage of the school sports stadium facility will be limited to high school
athletics, band practice for the Patrick Henry High School marching band, graduation
ceremonies, middle school athletics, and athletic events sponsored through the Parks
and Recreation Department of the City of Roanoke.
4. That all sound amplification systems will be used only for high school varsity football
games, varsity soccer games, varsity lacrosse games, graduation assemblies, and the
annual championship games for Roanoke City Parks and Recreation youth football.
5. That manual traffic control, to include security personnel, will be provided before and
after all varsity football games and graduation ceremonies at the Intersections of
Brandon Avenue and Grandin Road, Grandin Road and Laburnum Avenue, Grandin
Road and Avenel Avenue, and Guilford Avenue and Lofton Road In coordination with
the City of Roanoke Police Department
6. That manual traffic control, to include security personnel, will be provided at the
Intersection of Lofton Road and Guilford Avenue before, during, and after every varsity
football game to prevent vehicular traffic, excluding emergency vehicles, from entering
and exiting Patrick Henry High School campus from Lofton Road.
7. That manual traffic control, to include security personnel, will be provided at the
service entrance to Patrick Henry High School from Blenheim Road before wary varsity
football game to prevent pedestrian and vehicular traffic, excluding emergency
vehicles and team buses, from utilizing the service entrance to Patrick Henry High
School from Blenheim Road.
8. The City of Roanoke School Board will conduct an engineering study of Its sound
amplification system, within six months of approval of these proffers, to evaluate the
best method and means of limiting the audio trespass of the sound amplification
system and will file the results of such study with the City's Planning Office.
All development will be In substantial conformance with the development plan and other
pertinent elements of the zoning ordinance.
Patrick Henry High School Stadium - Proposed New Proffers
Key:
___ halic.c denote ner language.
The Applicant hereby requests that the following pmticred conditions enacted by Ordinance
No. 38815 -051710 be AMENDED as they pertain to property located at 2102 Grandin Road.
SW. and identified as Of icial Tax No. 1460101:
I. The property will be developed in substantial conformity with the Development Plan
prepared by _. _
datejApF i 1 . 1, 2014; Dee e ..pment "'an p Fed 6.. PRA .t ^ FI-1941-.1 .104,11 nn... : 2011
Buileling F • red ti.. 14104 ^ Whit 1 ..
.t ..d ^-: 5 1014 Rife - Wood Archnecly
dated June 16, 2016, and the Utility Plan prepared by Rife - Wood Architects dated
°°-b�,,...m- 00, 2005. June 16, 1016, copies of which are attached to this application.
2. The school sports stadium will he developed in substantial conformity with the Stadium
Plan prepared by Rife a Wood Architects dated 3enaaFs K 1007 June 16, 1016 and the
Stadium Sections dated December 1. 2006, copies of which are attached to this application.
3. 'That the usage of the s-'-.,. ° l spaFta stadium facility will be limited to `r of athletics,
non - amplified hand practices fur and perjormancee by the Patrick Henry High School
marching band and graduation ceremonies.. midill - seh, it mh'_.:,._ __a _.r.i_.ie _.. en!
..
._,._,.,.__.i .L_... gh the u.._i... and Re ffedIH.., a.._._......... Ofth,
4. That die all sound amplification s) steins in the .yradlnm will be used utilized only for high
school varsity a football games. varsity soccer games. varsity lacrosse games. d graduation
assemblies, and the annual championship games for Roanoke City Parks and Recreation youth
football.
5. That manual traffic control. to include security personnel, will be provided before and after
all varsity football games and graduation ceremonies at the intersections of Brandon Avenue
and Grandin Road, and . Grandin Road and Avenel
Avenue -aid A'' S olon Road in coordination with the City of Roanoke
Police Department.
lineFSeetirMi of Id laid OU01'n"I -n heloFe. during. 011 e
1�.�� ........... ....�.'. ,.. .., r, ... _ 4444. .. ., �.i.,.i.,.. a..... ......'...,...
6.7: 'That manual traffic control, to include security personnel, will be provided at the service
entrance to Patrick Henry High School from Blenheim Road bclbre. din-inc. and alter every
varsity football game to prevent pedestrian and vehicular traffic, excluding emergency
vehicles and team buses, and sdlanl vta/jlrith idenlilication. @om utilizing the service
entrance to Patrick I Ienq High School from Blenheim Road.
7.-6 At least nvo hours prior to the start of each Patrick Hem v Iligh ,School varsity loolhall
home game, 'No Parking" signs .shall be pasted along the north side of Blenheim Road from
Brandon Avenue to Blair Road. The .signs .shall he removed no later than noon the ho after a
varsili football home game_
R. A vegetative screen of large evergreen trees .shall he mainlauned on the exterior slopes of
the eardlen henns surrounding the sladium as shown on the .Stadium Plan prepared by Rife
{food .Irdritects dated June 16, 2016. No later than August I gfeach year, the Chief of
Physical Plants for Roanoke City Public Schools shall conduct an inspeclion of this vegelulive
screen and repluce any dead trees with replacement trees at least 5' -0" in height Lv no later
than.S'eptrmher 1 of that year
Patrick Henry High School Stadium - Proposed New Proffers
The applicant hereby requests that the following proffered conditions enacted by Ordinance
No. 38815- 051710 be AMENDED as they pertain to properly located at 2102 Grandin Road.
SW, and identified as Official Fax No. 1460101:
1. The property will be developed in substantial conformil% with the Development Plan
prepared by Rife I Wood Architects dated June 16. 2016, and the Utility Plan prepared by
Rife - Wood Architects dated June 16. 2016, copies of which are attached to this application.
2. The school sports stadium will be developed in substantial cuntomuty with the Stadium
Plan prepared by Rife r Wood Architects dated June 16. 2016, and the Stadium Sections
dated December 1. 2000. copies of which are attached to this application.
3. That the usage of the stadium facility will be limited to athletics. non - amplified band
practices and performances by the Patrick l Ienry High School marching band, and graduation
ceremonies.
4. That the sound amplification systems in the stadium will be utilized only for high school
varsity football games. varsity soccer games, varsity lacrosse games-. graduation assemblies.
and the annual championship games for Roanoke City Parks and Recreation youth football.
5. That manual traffic control, to include security personnel. will be provided before and after
all varsity football games and graduation ceremonies at the intersections of Brandon Avenue
and (irandin Road. and ( Irandin Road and Avenel Avenue in coordination with the City of
Roanoke Police Department.
6. that manual traffic control. to include security personnel, will be provided at the service
entrance to Patrick Henry High School from Blenheim Road before, during. and after every
varsity football game to prevent vehicular traffic, excluding emergency vehicles, team buses,
and school staff with identification. from utilizing the service entrance to Patrick I lenry High
School from Blenheim Road.
T At least two hours prior to the start of each Patrick Henry I ligh School varsity football
home game, "No Parking' signs shall be posted along the north side of Blenheim Road from
Brandon Avenue to Blair Road. The signs shall be removed no later than noon the day after a
varsity football home game.
8. A vegetative screen of large evergreen trees shall be maintained on the exterior slopes of
the earthen berms surrounding the stadium as shown on the Stadium Plan prepared by Rife +
Wood Architects dated June 16, 1016. No later than August I of each year. the Chief of
Physical Plants for Roanoke City Public Schools shall conduct an inspection of this vegetative
screen and replace any dead trees with replacement trees at least 5' -0- in height by no later
than September I of that year.
IF
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Temple Newbold
Sound is measured in units called decibels. The range of decibels is
from 0 to around 140. One hundred forty decibels will immediately
cause damage to the ear.
The scale is measured logarithmically, exponentially; the sound
doubles every ten decibels (so 95 decibels is actually twice as loud
as 85 decibels and 105 decidels is twice as loud as 95).
Prolonged exposure to noise above 85 decibels can cause
permanent hearing loss. Major US cities with outdoor public music
venues limit concert volumes to 85.
We use a decibel reader during concerts. The average concert
volume is 100 to 105. 105 is four times louder than what is
considered the standard limit for outdoor concert venues. Sound does
not have to be painful in order to cause damage — surely these high
volumes are unsafe for concert goers.
City Council — through inaction, is allowing this venue to put Roanoke
Citizens and concert goers at risk for physical harm. We believe the
current level of volume creates a public health threat both for concert
goers and neighborhood inhabitants.
The city is allowing a private, for profit business on privately owned
land sandwiched between two residential neighborhoods to emit
sound without regulation —this is unfair to our neighborhood. There is
no stipulation to how many events they can hold and each music
group has their own amplification system and mostly do as they wish.
Medical personnel and health science students are the focus of the
projected growth of the immediate area yet our local government is
not helping to protect our interests and quality of life.
There needs to be a fair balance struck to keep the city livable for
everyone while allowing a sonic environment that is conducive to the
development of Roanoke's cultural and music scene. This balance
must also enhance neighborhood attractiveness to visitors, medical
personnel and longtime neighborhood inhabitants. Since nothing is
being done to help with the noise pollution it seems that citizens may
be forced to bring legal action.
3
Holly Newbold
Good evening City Council. My name is Holly Newbold. I am here to discuss our
neighborhoods' ongoing concern regarding excessive sound produced by Dr. Pepper
Park.
If you had asked me two or three years ago if I thought I would be involved in a debate
over noise pollution in my neighborhood I probably would have laughed. I was the first to
enthusiastically welcome Dr. Pepper park to our neighborhood —Who wouldn't want live
music and festivals near your home?
I felt it would be an asset to have cultural events in the immediate area. I am pro music
and pro business.
Unfortunately my neighbors and myself could not have imagined the reality of living next
to a business that has no sound regulation. On event days, the volume inside my home
is so loud you cannot hold a conversation. The bass from guitars causes my windows to
buzz for hours, similar to the sound of a phone vibrating on a glass table.
What people don't realize is that by the time sound reaches the homes on the mountain
side, it is no longer music. The lay of the land causes sound to richochet off buildings
and the mountain causing an uncomfortable distortion of sound and an undulating
pressure in one's ears that can be painful. Forget backyard barbeque barbeques — you
can't even be outside when there is a concert due to the uncomfortables pressure
changes from the reverberations. It affects the way we live.
We believe our city has a responsibility to support our neighborhood. The sound
ordinance for Dr. Pepper Park states that sound cannot travel from more than 50 feet
into a residential neighborhood. I can see how this code would not be realistic to enforce
with the park venue next to our residential area. But instead of pretending that there is
no code that protects our neighborhood or that Dr. Pepper Park is not violating the code,
we need the City's support in modifying the sound ordinance to be reasonable,
measurable and enforceable. We want our ordinances to reflect the fad that our City
values and supports both live music as well as its diverse neighborhood inhabitants.
Our neighborhood has presented to city council twice regarding the issues caused by
events held at Dr. Pepper Park and there has been no tangible changes made to help
us. We need for the city to modify the sound ordinance to include dear decibel
limitations for events held at the park that respects the fad that this is also a medical and
residential area.
This is not something that should be resolved by working with venue management. We
were promised sound limitations by a manager who has since left and is no longer
working for Dr. Pepper Park. We're back at square one and the volume is as high as
ever.
We are asking the City to please work with us to find a fair and legal solution for
everyone.
Today, Dr. Pepper Park sent out an email. It read:
We need people to come with us to the City of Roanoke Council meeting tonight to show
their support of Dr. Pepper Park. Maybe not all of you have been to the park yet, but if you
love music and you love the progress Roanoke has made with being a festival and music
destination place, please come out!
We are meeting at Blue 5 Restaurant at 6PM. All we need is for you to wear a t shirt that
says I love Dr. Pepper Park and attend the meeting. You won't be asked to speak. You will
also receive a pair of tickets to the Roanoke Wing Fest on Saturday! Let me know if we can
count you in! And you shirt size. It's top secret so please don't share it on Facebook. We
need 125 people, so please ask your friends privately and let me know if they can make it
too.
I think we can say that those here are not people adversely affected by the loud volumes
from the Park. They are not residents of the hillside. These are people who do not care
about the welfare of the neighborhood! Is this America? Who are these people that care
more about fun for a few hours than seeking a solution for so many people —many that
have lived there for years —many whose financial and health and well -being is in danger. I
think this letter from Dr. Pepper says it all and why the neighborhood has been so sad and
repulsed. And, who are you, the City representatives, employed by the citizens of Roanoke,
that would allow this to happen and to continue as it is?
The following is strictly a personal observation. Forgive my age. It wouldn't be so bad if the
concerts were of a higher quality. Trust me, most of you would not select their concerts of a
way to spend hours of your weekend. Imagine lines to porta potties, lines of people
drinking, and an ugly blue drape around those seeing the front stage. It is tacky —not nearly
the quality of what Roanokers deserve. Let's make it something that we all can brag about.
f a'. 'A
Him 5 Ren ,'`_JrdW
We are meeting at Blue 5 Restaura?it at 6pni Ai!
we need ,s for you to v,ear a tshirt that says I
W Pepper Park and attend +he rneet:nq You
won t be asked to speak You vrill a�sc- receive a
par of tickets to the Roanoke tVlrq Fest on
Saturday' Let me know if re can count you
And your shx size It s top secret so please don t
share it on Facebook Vie need 125 people, so
please ask your friends privately and let me know
if they can make it too Thank you so much'W
.a ,
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We are meeting at Blue 5 Restaura?it at 6pni Ai!
we need ,s for you to v,ear a tshirt that says I
W Pepper Park and attend +he rneet:nq You
won t be asked to speak You vrill a�sc- receive a
par of tickets to the Roanoke tVlrq Fest on
Saturday' Let me know if re can count you
And your shx size It s top secret so please don t
share it on Facebook Vie need 125 people, so
please ask your friends privately and let me know
if they can make it too Thank you so much'W
.a ,