Loading...
HomeMy WebLinkAboutCouncil Actions 09-17-18BESTPITCH 41244- 091718 ROANOKE CITY COUNCIL REGULAR SESSION SEPTEMBER 17, 2018 2:00 P.M. CITY COUNCIL CHAMBER AGENDA 1. Call to Order - -Roll Call. Council Member Dykstra arrived late. The Invocation will be delivered by Vice -Mayor Joseph L. Cobb. Following the invocation, Mayor Lea called for a Moment of Silence in memory of the late Samuel H. McGhee, III, a former Assistant City Manager and former City Engineer, for the City of Roanoke, who passed away on September 6, 2018. At this point, Council Member Dykstra entered the meeting (2:03 p.m.). 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, September 20 at 7:00 p.m., and Saturday, September 22 at 4:00 p.m.; and video streamed through Facebook Live at facebook.com / /RoanokeVa. Council meetings are offered with closed captioning for the hearing impaired. 1 ANNOUNCEMENTS: The Council of the City of Roanoke is seeking applications for the following current vacancies and /or upcoming expirations of terms of office: Architectural Review Board — two vacancies Terms of office ending October 1, 2022 Building and Fire Code Board of Appeals — two vacancies Building Representative term of office ending June 30, 2021 Citizen Representative term of office ending June 30, 2021 City Planning Commission — two vacancies Terms of office ending December 31, 2022 Economic Development Authority — one vacancy Term of office ending October 20, 2022 Fair Housing Board — three vacancies Two, unexpired terms of office ending March 31, 2019 Unexpired term of office ending March 31, 2021 Parks and Recreation Advisory Board — one vacancy Unexpired term of office ending March 31, 2021 Personnel and Employment and Practices Commission — three vacancies Terms of office ending June 30, 2021 Roanoke Neighborhood Advocates — one vacancy Unexpired term of office ending June 30, 2019 Towing Advisory Board — one vacancy Citizen Representative term of office ending October 31, 2020 Access the City's homepage to complete an online application for the abovementioned vacancies. The Council of the City of Roanoke is accepting nominations for the 2018 Citizen of the Year. Forms are available online at www .roanokeva.gov /citizenoftheyear, in th e City Library branch. Deadline for receipt September 26, 2018. 2 City Clerk's Office or at each of nominations is Wednesday, 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: A proclamation declaring September 14 — 23, 2018 as Welcoming Week. Presented ceremonial copy of proclamation to Ms. Slightham. Recognition of Robert A. Clement, Neighborhood Services Coordinator. Adopted Resolution No. 41244 - 091718. (7 -0) Presented ceremonial copy of Resolution No. 41244 - 091718 to Mr. Clement. (7 -0) 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. Barbara Duerk, 2607 Rosalind Avenue, S. W., appeared before the Council and suggested the City prioritize the work of neighborhood services, noting the importance of providing financial and neighborhood support to the community. Chris Craft, President, Wildwood Civic League, 1501 East Gate Avenue, N. E., appeared before the Council to express support of a request of Frontier Development to rezone the property and repeal conditions proffered at 3601 Blue Hills Village Drive, N. E., which public hearing will be at 7:00 p.m. Estelle McCadden 2128 Mercer Avenue, N. W., appeared before the Council to request that the City continue maintaining the alley behind her residence since there is no front access for vehicles. She noted there had not been any responses from the Code Enforcement Division. Without objection, Mayor referred the matter to the City Manager for follow -up. Robert Gravely, 3360 Hershberger Road, N. W., appeared before the Council regarding the lack of economic growth in the City. Alexandros Frith, 319 Mountain Avenue, S. W., appeared before the Council regarding civil rights. Freeda Cathcart, President, Grandin Court Neighborhood Association, appeared before Council to extend an invitation to its Neighborhood Meeting and Annual Pot Luck at the upper picnic shelter in Fishburn Park, 2304 Brambleton Avenue, S. W., on Wednesday, September 19, 2018. 3 4. CONSENT AGENDA: (APPROVED 7 -0) All matters listed under the Consent Agenda are considered to be routine by the Members of City Council and will be enacted by one motion. There will be no separate discussion of the items. If discussion is desired, the item will be removed from the Consent Agenda and considered separately. C -1 Minutes of the regular meeting of City Council held on Monday, August 20, 2018. RECOMMENDED ACTION: Dispensed with the reading of the minutes and approved as recorded. C -2 A communication from the City Attorney requesting authorization for the City Manager to file the appropriate applications for an amendment to the Comprehensive Plan in connection with a telecommunication facility or cell tower on a portion of City -owned property situated at 502 19"' Street, S. E. (Fallon Park). RECOMMENDED ACTION: Concurred in the request. C -3 A communication from the City Attorney requesting authorization for the City Manager to file the appropriate applications for an amendment to the Comprehensive Plan in connection with a telecommunication facility or cell tower on a portion of City -owned property situated at 3137 Preston Avenue, N. W. (Preston Park). RECOMMENDED ACTION: Concurred in the request. C -4 A communication from the Assistant City Manager for Community Development transmitting a report of the Department of Libraries Adult and Youth Summer Reading Program for Fiscal Year 2018. RECOMMENDED ACTION: Received and filed. C -5 A communication from the City Clerk advising of the resignation of Michael Shockley as a member of the City of Roanoke Pension Plan, Board of Trustees, effective immediately. RECOMMENDED ACTION: Accepted the resignation and received and filed the communication. C -6 A communication from the City Clerk advising of the resignation of Troy Rech as a member of the Parks and Recreation Advisory Board, effective immediately. RECOMMENDED ACTION: Accepted the resignation and received and filed the communication. 4 C -7 Annual report of the Parks and Recreation Advisory Board for Fiscal Year 2017-2018. RECOMMENDED ACTION: Received and filed. C -8 Annual report of the Mill Mountain Advisory Board for Fiscal Year 2017 - 2018. RECOMMENDED ACTION: Received and filed. C -9 Annual report of the Audit Committee for Fiscal Year ending June 30, 2018. RECOMMENDED ACTION: Received and filed. C -10 Minutes of the Audit Committee held on Wednesday, June 6, 2018. RECOMMENDED ACTION: Received and filed. C -11 A communication from the Honorable William D. Broadhurst, Judge, Twenty -third Judicial Circuit of Virginia, transmitting the Annual Report of the Board of Equalization for the taxable year July 1, 2018 - June 30, 2019. RECOMMENDED ACTION: Received and filed. C -12 Report of qualification of Jacqueline W. Moon as a member of the Roanoke Neighborhood Advocates for a term of office ending June 30, 2021. RECOMMENDED ACTION: Received and filed. REGULAR AGENDA: Adopted Resolution No. 41245 - 091718 confirming that a local emergency existed throughout the City of Roanoke commencing September 13, 2018. (7 -0) 5. PUBLIC HEARINGS: NONE. 6. PETITIONS AND COMMUNICATIONS: a. A communication from Council Member Michelle L. Dykstra, Chairman, Roanoke City Council Personnel Committee, advising of the expiration of the two -year terms of office of the City Attorney, City Clerk and Municipal Auditor ending September 30, 2018. Council concurred in the reappointment of the two -year terms of office of the City Attorney, City Clerk and Municipal Auditor ending September 30, 2020 Council Member Garland noted a personal interest in the matter and abstained from participating in discussion and voting because the City Attorney is a residential tenant at a property owned by 209 1St Street, LLC, a limited liability company in which he own an interest. 5 7. REPORTS OF CITY OFFICERS AND COMMENTS OF THE CITY MANAGER: a. CITY MANAGER: BRIEFINGS: • Summer Youth Employment Program Report - 15 minutes Remarks received and filed. ITEMS RECOMMENDED FOR ACTION: Acceptance of the FY19 Urban and Community Forestry Grant from the Virginia Department of Forestry. Adopted Resolution No. 41246- 091718 and Budget Ordinance No. 41247-091718. (7 -0) 2. Acceptance of the Virginia Department of Motor Vehicles 2019 multi - jurisdictional Driving Under the Influence Taskforce Grant. Adopted Resolution No. 41248 - 091718 and Budget Ordinance No. 41249-091718. (7 -0) 3. Acceptance of the Virginia Department of Motor Vehicles 2019 Traffic Safety (Selective Enforcement - Alcohol) Grant. Adopted Resolution No. 41250 - 091718 and Budget Ordinance No. 41251-091718. (7 -0) 4. Acceptance of the Virginia Department of Motor Vehicles 2019 Traffic Safety (Selective Enforcement - Speed) Grant. Adopted Resolution No. 41252 - 091718 and Budget Ordinance No. 41253-091718. (7 -0) 5. Acceptance of the Virginia Department of Motor Vehicles 2019 Traffic Safety (Selective Enforcement - Occupant Protection) Grant. Adopted Resolution No. 41254 - 091718 and Budget Ordinance No. 41255-091718. (7 -0) 6. De- appropriation of funds in connection with the conclusion of the Garden City Boulevard Safe Routes to School Project. Adopted Budget Ordinance No. 41256- 091718. (7 -0) 7. Amendment of the City's Fee Compendium to reflect a revised definition of the Sealed Trash Compactor usage fees. Adopted Resolution No. 41257 - 091718. (7 -0) n At this point, the Mayor relinquished the Chair to the Vice -Mayor and left the Council meeting (3;45 p.m.). COMMENTS OF THE CITY MANAGER. The City Manager shared the following comments: Response to Hurricane Florence • Thanked city employees in all departments who worked so hard this past week and over the weekend to prepare for a response to the impact of Hurricane Florence. • Special thanks to Marci Stone, Roanoke Fire -EMS Battalion Chief for Emergency Management & Community Preparedness. Under her leadership, the city's Emergency Operations are ready to respond to whatever comes our way from this storm. b. CITY ATTORNEY: 1. Correction of a scrivener's error in Ordinance No. 41227 - 082018 adopted on August 20, 2018, to provide for an effective date of January 1, 2019, in connection with tax exemption for the Local Office on Aging, Inc. Adopted Ordinance No. 41258 - 091718. (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 City Manager recommending that Council concur in the request. Donna Caldwell, Director of Accounting, Spokesperson. Adopted Budget Ordinance No. 41259 - 091718. (6 -0) 9. UNFINISHED BUSINESS: NONE. 10. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: a. A resolution reappointing Matthew Fink as a Director of the City of Roanoke Economic Development Authority, commencing October 21, 2018, and ending October 20, 2022. Adopted Resolution No. 41260- 091718. (6 -0) 7 11. MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and /or comments by the Vice -Mayor and Members of City Council. Council Member Price announced that the Annual Henry Street Festival was rescheduled to Sunday, October 7 in Elmwood, with the gates opening at 12:00 noon. Vice -Mayor Cobb expressed appreciation to Council Member Price and the Youth Services Citizen Board on a successful turnout in connection with the Annual Youth Summit that was held on Saturday, September 8 at Patrick Henry High School. b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. NONE. 12. RECESS. - 3:56 P.M. THE COUNCIL MEETING WAS DECLARED IN RECESS UNTIL 7:00 P.M., IN THE CITY COUNCIL CHAMBER. F ROANOKE CITY COUNCIL REGULAR SESSION SEPTEMBER 17, 2018 7:00 P.M. CITY COUNCIL CHAMBER AGENDA Call to Order - -Roll Call. All Present. The Invocation was delivered by The Reverend Chase Krug, Pastor, New Century Church. 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: Tonight's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, September 20 at 7:00 p.m., and Saturday, September 22 at 4:00 p.m.; and video streamed through Facebook Live at facebook.com /RoanokeVa. Council meetings are offered with closed captioning for the hearing impaired. Adopted Resolution No. 41261- 091718 ending the declared local emergency effective Monday, September 17, 2018 at 7:00 p.m. (7 -0) A. PUBLIC HEARINGS: 1. Receive public comments on the City's Draft 2017 - 2018 Consolidated Annual Performance and Evaluation Report (CAPER) for its Federal Housing and Urban Development (HUD) Funded Programs. No action taken. 2. Request of Fort Knox 1001 Williamson, LLC, to amend existing conditions originally proffered as part of a previous rezoning at 1001 Williamson Road, S. E., 0 (zero) 3rd Street, S. E., and 0 (zero) Albemarle Avenue, S. E., respectively. Maryellen F. Goodlatte, Esquire, Spokesperson. Adopted Ordinance No. 41262- 091718. (6 -0, Council Member Garland abstaining and declaring a personal interest conflict of interest regarding the abovementioned matter because he provides engineering services to the principal member of Fort Knox 1001 Williamson Road LLC.) 3. Request of Frontier Development to rezone the property and repeal conditions proffered at 3601 Blue Hills Village Drive, N. E. Chris Burns, Agent, Balzer and Associates, Inc., Spokesperson. Adopted Ordinance No. 41263- 091718. (7 -0) 4. Request of the City of Roanoke to consider an amendment to Vision 2001- 2020, the City's Comprehensive Plan, to replace the 2007 Roanoke Valley Conceptual Greenway Plan Update with the 2018 Roanoke Valley Greenway Plan. Ian D. Shaw, Agent, City Planning Commission. Adopted Ordinance No. 41264- 091718. (7 -0) 5. Proposal of the City of Roanoke to consider an amendment to the Contract for Purchase and Sale of Real Property between the City of Roanoke and RYT, L.L.C., dated May 22, 2018, regarding certain real property located at 201 Carver Avenue, N. E. Robert S. Cowell, Jr., City Manager. Adopted Ordinance No. 41265- 091718. (7 -0) 10 6. Proposal of the City of Roanoke to consider an amendment to the Williamson Road Area Service District boundary to expand the District Boundary to include properties situated at 5401 Williamson Road, N. W., and 5411 Williamson Road, N. W. Robert S. Cowell, Jr., City Manager. Adopted Ordinance No. 41266- 091718. (6 -0, Council Member Garland abstaining and declaring a personal interest conflict of interest regarding the abovementioned matter because he has been engaged by Fort Knox 5411 Williamson Road, LLC, the owner of the properties affected by this proposal, to provide engineering services for these properties. 7. Proposal of the City of Roanoke to consider a purchase and sale of a portion of City -owned property located at 120 Church Avenue, S. E., and property to be acquired by the City located at 116 Church Avenue, S. E., for the development of a downtown parking facility and hotel. Robert S. Cowell, Jr., City Manager. Adopted Ordinance No. 41267- 091718. (7 -0) 8. Proposal of the City of Roanoke to grant a ten -year renewal of the cable television franchise held by CoxCom, LLC, d /b /a/ Cox Communications Roanoke, which will expire on October 31, 2018. Daniel J. Callaghan, City Attorney. Adopted Ordinance No. 41268 - 091718. (6 -1, Council Member Bestpitch voting no.) B. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. C. ADJOURN. 9:01 P.M. 11 6_�, Office of the Mayor CITY OF FfftOiN�K..�. � ROANOKE yo�am�rt IV ROANOKE WELCOMING WEEK PEAS, the City of Roanoke's success depends on making sure that all residents feel welcome; PEAS, foreign -born Roanoke residents are a vital part of our community— bringing fresh perspectives and new ideas, starting businesses, and contributing to the vibrant diversity that we all value; WHEREAS, we honor the spirit of unity that is bringing neighbors together and making our community the kind of place where diverse people from around the world feel valued and want to put down roots; WHEREAS, regardless of where we are born or what we look like, we are City of Roanoke residents united in our efforts to build a stronger community; and WHEREAS, by recognizing the contributions that we all make to create a vibrant culture and a growing economy, we make our community more prosperous and inclusive to all who call it home. NOW, THEREFORE, I, Sherman P. Lea, Sr., Mayor of the City of Roanoke, Virginia, invite all Roanoke citizens to join this movement of communities nationwide by working together to celebrate our diverse community and do hereby proclaim September 14 – 23 throughout this great, seven -time All - America City, as Roanoke Welcoming Week. Given wader our hands and the Seal of the City of Roanoke this seventeenth day ofSeptember in the year two thousand and eighteen. Sherman P. Lea, Sr. Mayor ATTEST: I i 1• t�� t phanie M. Moon RehnoldslO City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17t4 day of September, 2018. No. 41244 - 091718. A RESOLUTION recognizing and paying tribute to Robert A. (Bob) Clement, Jr., a distinguished and beloved City employee and long -time Roanoke resident, for his exemplary public service to the City of Roanoke and its citizens. WHEREAS, Mr. Clement is a graduate of Patrick Henry High School and Virginia Tech, where he earned a degree in Business; WHEREAS, prior to joining the City of Roanoke, Mr. Clement worked as the Manager of Inflight Services for Piedmont Airlines, and as an In- Flight Services Manager DCA for US Airways; WHEREAS, Mr. Clement joined the City team in June 2003 as its Neighborhood Services Coordinator and announced his retirement effective October 1, 2018; WHEREAS, as part of his many roles and responsibilities for the City, Mr. Clement facilitated, supported, and nurtured the Roanoke Neighborhood Advocates group, as an active liaison group between Roanoke City Council and neighborhood groups; WHEREAS, during his tenure with the City, Mn Clements initiated the City's Leadership College, a program designed to engage City residents in learning about the City, its government, and operations, in an effort to promote a better understanding and relationship between citizens and their local government, encourage citizens to participate in the local governmental activities, and create opportunities for new leaders in our community, WHEREAS, Mr. Clement regularly attended neighborhood meetings, organized new neighborhood groups, and worked closely with City boards and officials, sending out meeting reminders and agendas for the planning commission, board of zoning appeals, City Council and code enforcement court hearings; WHEREAS, Mr. Clement has been a valuable resource for each of the more than 25 active neighborhood organizations throughout the City, communicating information about Neighborhood Development Grant funding, project opportunities and educational resources; maintaining the grant process with help from Roanoke Neighborhood Advocates, and maintaining reports and reimbursements for grants; WHEREAS, as Neighborhood Services Coordinator, Mr. Clement quickly learned the importance of strong, engaged neighborhood citizenry relative to the overall health and vitality of our City, as well as the importance interpersonal relationships play in creating a sense of community and civic pride, and nurtured the development and sustainability of neighborhoods throughout our City; WHEREAS, Mr. Clement's dedication to our neighborhoods has been acknowledged throughout the City, including his 2017 recognition as recipient of the first Ambassador Award for Outstanding Contributions in Civic leadership; and WHEREAS, Mr. Clement has demonstrated his belief that creating these relationships and partnerships over the past 15 years has enhanced the quality of life of those living, working, visiting, playing, and investing in Roanoke's neighborhoods and, through his unyielding commitment to our neighborhoods, Mr. Clement is leaving our City in a better, stronger, and more collaborative community, and, in some ways, making our City Mr. Clement's Neighborhood. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council adopts this resolution as a means of recognizing and paying tribute to Robert A. (Bob) Clement, Jr., for his tireless commitment to our community. 2. The City Clerk is directed to forward an attested copy of this resolution to Mr. Clement Sherman P. Lea, Sr. Mayor Attest: S nol City Clerk Daniel J. Callaghan City Attorney CITY OF ROANOKE OFFICE OF THE CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011 -1595 The Honorable Mayor and Members of City Council Roanoke, Virginia TELEPHONE 540 - 853 -2431 FAX 540 -853 -1221 EMAIL: cityatty @roanokeva.gov September 17, 2018 Timothy R. Spencer David L. Collins Heather P. Ferguson Laura M. Carini Assistant City Attorneys Re: Lease Agreement with Milestone Tower Limited Partnership — IV Communications of a 0.064 acre Portion of Official Tax Map No. 4310101 located at 502 19th Street SE, Roanoke, VA 24013 Dear Mayor Lea and Members of Council: BACKGROUND: Ordinance No. 41232- 082018, adopted by City Council on August 20, 2018, accepted the bid of Milestone Tower Limited Partnership - IV for a lease to install, operate, and maintain a Wireless Telecommunications Facility upon on a portion of City -owned property situated 502 19th Street SE, Roanoke, VA 24013, bearing Official Tax Map No. 43 10 101 (Leased Property). On August 28, 2018, the City entered into a Lease Agreement with Milestone Tower Limited Partnership - IV (Milestone) to lease the Leased Property for an initial term of ten (10) years, with up to five (5) five -year extension terms for a maximum term of 35 years. Milestone will pay a monthly lease rate equal to forty percent (40 %) of Gross Revenues it derives from the use and occupancy of the Leased Property and platforms on the installed telecommunications facility (Monopole and Base Station). The minimum monthly rent to be paid to the City shall be $1,000.00. CONSIDERATIONS: The Lease provides as a condition precedent to the City's obligation to lease the Leased Property or otherwise to perform any obligations provided for in this Lease and to Milestone's obligation to lease the Leased Property, the Planning Commission and City Council shall amend the City's Comprehensive Plan pursuant to Section 15.2- 2232(C), Code of Virginia (1950), as amended, to allow for this change in use of the area of the Leased Property for the term of the Lease Agreement. RECOMMENDATION: Move that Council authorize the City Manager to file the appropriate applications under the City's Zoning Ordinance and applicable State Code with the City's Planning Commission to seek an amendment to the Comprehensive Plan for the change in use of a portion of Fallon Park for the construction, operation, and maintenance of a telecommunication facility or cell tower on the Leased Property, being a portion of City -owned property situated 502 19th Street SE, Roanoke, VA 24013, bearing Official Tax Map No. 4310101, such portion as being designated by the City Manager, for the term of the Lease Agreement, such authorizations to be in forms approved by the City Attorney. C DJC /lmc City Attorney c: Robert S. Cowell, Jr., City Manager R. Brian Townsend, Assistant City Manager for Community Development Troy A. Harmon, City Auditor Stephanie M. Moon Reynolds, City Clerk Daniel J. Callaghan City Attorney CITY OF ROANOKE OFFICE OF THE CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011 -1595 The Honorable Mayor and Members of City Council Roanoke, Virginia TELEPHONE 540- 853 -2431 FAX 540 -853 -1221 EMAIL: cityatty @roanokeva.gov September 17, 2018 Timothy R. Spencer David L. Collins Heather P. Ferguson Laura M. Carini Assistant City Attorneys Re: Lease Agreement with Milestone Tower Limited Partnership — IV Communications of a 0.062 acre Portion of Official Tax Map No. 2100601, located at 3137 Preston Avenue, N.W. Dear Mayor Lea and Members of Council: BACKGROUND: Ordinance No. 41233- 082018, adopted by City Council on August 20, 2018, accepted the bid of Milestone Tower Limited Partnership - IV for a lease to install, operate, and maintain a Wireless Telecommunications Facility upon on a portion of City -owned property situated 3137 Preston Avenue, N.W., Roanoke, Virginia, bearing Official Tax Map No. 2100601 (Leased Property). On August 28, 2018, the City entered into a Lease Agreement with Milestone Tower Limited Partnership - IV (Milestone) to lease the Leased Property for an initial term of ten (10) years, with up to five (5) five -year extension terms for a maximum term of 35 years. Milestone will pay a monthly lease rate equal to forty percent (40 %) of Gross Revenues it derives from the use and occupancy of the Leased Property and platforms on the installed telecommunications facility (Monopole and Base Station). The minimum monthly rent to be paid to the City shall be $1,000.00. CONSIDERATIONS: The Lease provides as a condition precedent to the City's obligation to lease the Leased Property or otherwise to perform any obligations provided for in this Lease and to Milestone's obligation to lease the Leased Property, the Planning Commission and City Council shall amend the City's Comprehensive Plan pursuant to Section 15.2- 2232(C), Code of Virginia (1950), as amended, to allow for this change in use of the area of the Leased Property for the term of the Lease Agreement. RECOMMENDATION: Move that Council authorize the City Manager to file the appropriate applications under the City's Zoning Ordinance and applicable State Code with the City's Planning Commission to seek an amendment to the Comprehensive Plan for the change in use of a portion of Preston Park for the construction, operation, and maintenance of a telecommunication facility or cell tower on the Leased Property, being a portion of City -owned property situated 3137 Preston Avenue, N.W., Roanoke, Virginia, bearing Official Tax Map No. 2100601, such portion as being designated by the City Manager, for the term of the Lease Agreement, such authorizations to be in forms approved by the City Attorney. Sincerely, Daniel J. aghan City Attorney DJC /lmc c: Robert S. Cowell, Jr., City Manager R. Brian Townsend, Assistant City Manager for Community Development Troy A. Harmon, City Auditor Stephanie M. Moon Reynolds, City Clerk RO 0F'° ` O~ 4-- 4; CITY COUNCIL REPORT �GIl`11� To: Honorable Mayor and Members of City Council Date: September 17, 2018 Subject: Adult and Youth Summer Reading Program for 2018 Attached is a report outlining the participation in this year's Adult and Youth Summer Reading program undertaken by the Department of Libraries in conjunction with Roanoke City Public School's RCPS+ program. Participation in the program continued to increase at all the library branches this past summer with total attendance topping the 25,000 mark. The number of programs offered also increased to over 1 ,500. A breakdown by Library location is indicated as well, with the highest level of program attendance being at the Melrose and Williamson Road Branches. n _ 1 Brian Townsend Assistant City Manager for Community Development Attachment Distribution: Council Appointed Officers Sheila Umberger, Director of Libraries 2018 Adult & Youth Summer Reading Program Events Programs 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 ummer Programs Offered 48 145 150 145 157 182 306 363 456 796 912 1,013 1,1 59 1,101 1,515 Summer Program Attendan 1,804 3,336 2,795 3,278 3,484 4,370 5,431 9,266 9,845 10,345 10,371 13,11 5 16,602 17,819 25,530 Programs Offered 2018 ainsboro 211 ackson Park 390 Main 298 Melrose 215 Raleigh Court 171 illiamson Road 230 otal Programs Offered 1515 Program Attendance 2018 ainsboro 3,380 ackson Park 3,974 Main 4,473 Melrose 5,008 Raleigh Court 3,656 illiamson Road 5,039 otal Program Attendance 25,530 STEYIIANIE M. MOON REYNOLDS, MMC City Clerk Michael B. Shockley 1011 Penmar Avenue Roanoke, Virginia 24013 Dear Mr. Shockley: CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Chureh Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E-mail: clerk(lroauokeva.gov September 20, 2018 CECELIA F. MCCOY Deputy City Clerk CECELIA T. WEBB, CMC Assistant Deputy City Clerk A communication from the City Clerk advising of your resignation as a member of the Board of Trustees, City of Roanoke Pension Plan was before the Council of the City of Roanoke at a regular meeting, which was held on Monday, September 17, 2018. On behalf of the Members of Roanoke City Council, I would like to express appreciation for your service to the City of Roanoke as a member of the Board of Trustees, City of Roanoke Pension Plan from June 16, 2014 to September 17, 2018. Please find enclosed a Certificate of Appreciation and an aerial view photograph of the Roanoke Valley in recognition of your service. Sincerely, Stephanie M. Moon Reyno s, MM City Clerk Enclosure CERTIFICATE OF APPRECIATION PRESENTED TO Michael B. Shockley AS A MEMBER OF THE BOARD OF TRUSTEES, CITY OF ROANOKE PENSION PLAN FROM JUNE 16, 2014 TO SEPTEMBER 17, 2018 ON THIS 20TH DAY OF SEPTEMBER , 2018 IN RECOGNITION OF PUBLIC SERVICE FAITHFULLY RENDERED TO THE CITY OF ROANOKE APPROVED: ATTEST: SHERMAN P. LEA, SR. STEPHANIE M. MOO RE Y IpS MAYOR CITY CLERK .5 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 STEPHANIE M. MOON REYNOLDS, MMC City Clerk September 17, 2018 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Lea and Members of Council: CECELIA F. MCCOY Deputy City Clerk CECELIA T. WEBB, CMC Assistant Deputy City Clerk This is to advise that Michael Shockley has tendered his resignation as a member of the City of Roanoke Pension Plan, Board of Trustees, effective immediately. Sincerely, �1, h 0 Qb.-) Stephanie M. Moon Reynol s, MM City Clerk 1 Resignations Michael Shockley Stephanie Moon 09/06/2018 03:35 PM This message has been replied to. Stephanie, Please accept this email as my resignation from the Greater Roanoke Transit Company Board of Directors and City of Roanoke Pension Board of Trustees effective September 7, 2018. If you need something more formal, please let me know. I have enjoyed working with you over the years and I hope our paths cross again in the future. Thanks, Mike Mike Shockley Director of General Services /Sustainability City of Roanoke 540.853.6403 STEPHANIE M. MOON REYNOLDS, MMC City Clerk Troy M. Rech 130 27th Street, S. E. Roanoke, Virginia 24014 Dear Mr. Rech: CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1.536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail: clerk(nroanokeva.gov September 20, 2018 CECELIA F. MCCOY Deputy City Clerk CECELIA T. WEBB, CMC Assistant Deputy City Clerk A communication from the City Clerk advising of your resignation as a member of the Parks and Recreation Advisory Board was before the Council of the City of Roanoke at a regular meeting, which was held on Monday, September 17, 2018. On behalf of the Members of Roanoke City Council, I would like to express appreciation for your service to the City of Roanoke as a member of the Parks and Recreation Advisory Board from February 6, 2012 to September 17, 2018. Please find enclosed a Certificate of Appreciation and an aerial view photograph of the Roanoke Valley in recognition of your service. Sincerely, l s '� . �'1� °er►°�ve .. v '42 c, Stephanie M. Moon Reyn'61ds, M C City Clerk Enclosure CERTIFICATE OF APPRECIATION PRESENTED TO Troy M. Rech AS A MEMBER OF THE PARKS AND RECREATION ADVISORY BOARD FROM FEBRUARY 6, 2012 TO SEPTEMBER 17, 2018 ON THIS 20TH DAY OF SEPTEMBER .2018 IN RECOGNITION OF PUBLIC SERVICE FAITHFULLY RENDERED TO THE CITY OF ROANOKE APPROVED: SHERMAN P. LEA, SR. MAYOR ATTEST: tTEP&HrANIE M. M OON YNOLDS CLERK CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 F. -mail• elerknroannkeva_aov STEPHANIE M. MOON REYNOLDS, MMC City Clerk September 17, 2018 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Lea and Members of Council: CECELIA F. MCCOY Deputy City Clerk CECELIA T. WEBB, CMC Assistant Deputy City Clerk This is to advise that Troy Rech has tendered his resignation as a member of the Parks and Recreation Advisory Board, effective immediately. Sincerely, G� \M .= n � 0tv Stephanie M. Moon Reynolds, M City Clerk Page 2 of 2 Subject PRAB resignation Gentlemen, It comes with no happiness that I must submit my resignation from the Advisory Board effective at your discretion. I've enjoyed my appointment but my current work schedule simply precludes me from serving effectively. Thank you again for this opportunity. Troy Rech file: / / /C:/ Users /ctwebb /AppData/Local /Temp /notes 1 F89EC /—web l 433.htm 9/10/2018 August 23, 2018 Stephanie Moon Reynolds, Clerk City of Roanoke 215 Church Avenue SW Suite 456 Roanoke, VA 24011 RE: Parks and Recreation Advisory Board Annual Report Ms. Reynolds, Enclosed is the 2017 -2018 annual report from the Parks and Recreation Advisory Board. Please let me know if you have any questions. Sincerely, � J i% Pete Eshelman Parks and Recreation Advisory Board Chair Roanoke Parks and Recreation Advisory Board Annual Report 2017 -2018 Overview The Parks and Recreation Advisory Board (PRAB) acts in an advisory capacity for the Roanoke Parks and Recreation Department on matters pertaining to city parks and open spaces, greenways, recreation facilities, and programs. PRAB members serve as community liaisons between parks department and residents and share community concerns and suggestions with the department. PRAB also reviews and provides input on department projects and provides guidance on future developments. PRAB meets the second Tuesday of each month at 5:30pm in the Parks and Recreation Conference Room. Members and Attendance Record Board A OMM mom" Daft AtbendM "ToLIr 711112017 9f14rA17 101102017 1111412017 1211211017 IMMI8 2M32018 3072018 5182018 611212018 Chlw Yes Yd No Yes No Yes Yes Yes Yes Yes Usiorde Owe Yes No Yea Yes Yea Yes No Yes Yee Yes Jodws owls Yes Yd Yes Yea Yes Yes Yes Yes Yes Yd Pelt Ed wk Yes Yes Yes Yes Yes Yes No Yes Yes No Kaan Evan No No Laren tialewn Yes Yes you Yes Yes Yes Yes Yes Yes NO WihamModke Yes Yes Yes No Yes No NO Yes Yes Yes Chide -Spolr Yes Yd Yes No No No Yes NO Yd No TWV Reih NO No Yes No NO No No No Yes No iWed mov Yes Yes Yd No Yes Yes Yes No dapmme Sftphem Yes No Yes Yes Yes Yes Ydl NO Yes No Slave Stinson No JWW Yaw Yd No No we Yes Fdlno oll Meeting Highlights (full minutes included at end of report) July 11, 2017: • P &R ongoing schedule of playground replacement was discussed. Many playgrounds are nearing the end of their life expectancy and are in need of replacement. 2017/18 playgrounds to be replaced are: Sunrise, Westend, Garden City, and Raleigh Court Parks. • Staff presented an update on Phase One of Rivers Edge North redevelopment which will use natural turf instead of synthetic turf due to lower annual maintenance cost. • Adopt a Park program was discussed and members asked to seek sponsors. • Discussed contracts for Fallon and Washington Park Pools. Each will be managed by third party organization which results in a $70,000 savings to the department. • An update on the Master Plan was provided. Six proposals were received and reviewed. Staff are setting interviews with goal of selecting a firm to begin in November. • Placing a Steve Buschor memorial plaque in Elmwood Park was discussed and PRAB provided recommendation to install it within the amphitheater. August 2017: • During the August meeting members tour parks to familiarize themselves with parks they may not have been to before. September 14, 2017: • Resident Freeda Cathcart, president of Grandin Court Neighborhood Association spoke. She expressed concern that PRAB was not consulted regarding the Blackwell House at Fishburn Park proposal. PRAB members requested that PRAB be consulted on projects that affect park lands. A letter from PRAB to Council was drafted and sent. • Staff updated PRAB on the Roanoke Mountain Campground. PRAB had previously expressed an interest in the City taking over management of the campground. Parks staff has requested maintenance operations data from the National Park Service. • Safety concerns at Rivers Edge South were discussed and staff were looking into them. • PRAB member Chris Bryant provided a presentation on the National Wildlife Federation. • The consultant for the Master Plan process has been selected. • Staff provided an update on youth athletics enrollment numbers. Enrollment for football and soccer is down. October 10, 2017: • New members Rigby, Yow, and Stephens were welcomed to PRAB. • Countryside Soccer Complex parking was discussed. Street parking is crowded during tournaments and practices. • The GO Outside Festival and Go Cross cyclocross race were discussed. • Brian Townsend was asked to address PRAB with regards to the role PRAB plays with regards to the Blackwell House, publicly owned property, and confidential economic development projects. It is a lengthy discussion fully noted in the full minutes. • Extension of the Lick Run Greenway from Wells Avenue to the Wells Fargo Plaza was discussed. Staff is going to come up with a few options for PRAB to comment on. • The Association of Outdoor Recreation Education conference to be held in Roanoke was discussed. The key note speaker Rue Mapp started Outdoor Afro with a goal of getting more African Americans interested in the outdoors. P &R worked with AORE to provided free tickets to the community and arranged for her to speak at Addison middle School. • P &R reaccreditation will occur in 2018. • Budgeting process for FY19 begins soon and will be discussed at subsequent meetings. November 14, 2017: Rerouting of Lick Run Greenway from Wells Avenue to Wells Fargo Plaza were presented and discussed. The consensus of PRAB was to use an option that utilized the covered walkway connecting Hotel Roanoke to Wells Fargo Plaza. A sign to dismount your bike and walk across the walkway would be needed. Director Clark explained the City's budgeting for outcomes process and how each department makes an "offer ". Clark provided ideas on how other communities fund their parks department. Clark presented the idea of a Universal Park Fee that would be applied to the real estate tax bill. The end result would be all programs and rentals currently offered by P &R would become free to residents. Additional ideas discussed were membership cards, license plate fees, and sponsorship opportunities. Clark will run ideas by Council. • The idea of P &R forming a 501c3 foundation was discussed. December 12, 2017: • It was noted that staff members from the International Mountain Bicycling Association (iMBA) were in town conducting an assessment of the region for a Ride Center Designation. • Staff are putting together an RFP for the design work of Rivers Edge North. • Congestion and overuse of Rivers Edge recreational fields was discussed. Out of convenience most recreation teams practice and play games at Rivers Edge. Director Clark is advising his staff to begin utilizing other fields that may not be as convent in an effort to reduce use on the fields. • The Master Plan planning process has begun. Stakeholder meetings will take place in February. • Clark provided members of copy of FY19 Budget Development Tiers and explained the process. He asked members to rank parks offers and to let him know which areas PRAB would like him to focus on. • Clark explained how revenue generated by P &R programming does not go back to the department, it goes into the general fund. A PRAB member asked Clark to look into establishing an enterprise fund or equivalent that would allow P &R to retain the revenue it generates. January 9, 2018: • Citizen Freeda Cathcart spoke. She thanked the group for their letter to City Council regarding the Blackwell House. Cathcart stated she was officially asking the board to ask City Council to return the property to P &R control. PRAB members stated that they did not want the Blackwell House to be the responsibility of P &R as they do not have a use for it or the funds to bring it up to code. In addition there are higher priorities for the department (exampled given was keeping the pools open). It was recommended that Cathcart put together a business proposal and submit it to City Council. • Clark informed PRAB of two department hires: Stephanie tong (marketing coordinator) and Susan Herdon- Powell (outdoor recreation supervisor). • PRAB was provided of the conceptual plan for Rivers Edge North. • A prefab restroom will be install at Countryside Park by late summer. • Mr. Clark provided a budgeting process update and clarification on offer rankings. PRAB asked questions and provided suggestions. PRAB voted on priorites. February 13, 2018: • Citizen Freed Cathcart provided copies of her Blackwell House proposal. See full minutes. • An update on Tinker Creek Greenway was provided. • Paving of road up Mill Mountain was dicussed. • Mr. Clark provided update on budgeting and the Master Plan process. March 27, 2018: • Staff member Samantha Dickenson updated PRAB on her role and what her department does. • Update on Rivers Edge North plan. • Mr. Clark presented proposal for cell towers in Fallon and Preston Park. • Mr. Clark presented budget outcome. • Mr. Clark advised PRAB that the department was re- accredited. • Motion to cancel April meeting was made and passed due to members not being able to attend. May 8, 2018: • Citizen Barbara Durek spoked to group about her ongoing work regarding bicycle advocacy and opportunities for the city. • PRAB discussed two youth cycling teams. • Mr. Clark provided update on Roanoke Mountain Campground. • Staff member Dan Henry presented his role to PRAB. • The idea of subcommittees was discussed and need for PRAB and P &R staff to attend more neighborhood association meetings. June 12, 2018: • No quorum. • Mr. Clark provided Master Plan update and Fourth of July celebration plans. • A citizen asked PR to consider renaming park roads after individuals. It was noted that there are only three roads P &R controls. • Staff member Kat Andrew presented her departmental role to PRAB. • Citizen Wes Best discussed the growing use of electric bikes (e- bikes) and requested P &R assess how e- bikes are regulated in current laws. Mill Mountain Advisory Board Annual Report - July 2017 through June 2018 The Mill Mountain Advisory Board (MMAB) has been charged with articulating to Roanoke City Council its ideas for maintaining the integrity of the Mountain with respect to aesthetics, recreation, and accessibility. Other purposes and objectives include advising Council regarding appropriate maintenance and improvements for Mill Mountain Park; acting as a clearinghouse for citizens' concerns and opinions; and assisting the general public in understanding decision and policies made by municipal leadership. The board operates under a set of bylaws that has been revised periodically since the board's inception. MMAB met six times during the 2017 -18 fiscal year, normally at 4 p.m. on the second Wednesdays of the odd - number months. Due to schedule conflicts and weather concerns, three of the six meetings this past year were held on subsequent Wednesdays. Attendance at the meetings was routinely solid, with a quorum declared at each meeting. Each meeting lasted approximately a full hour, with adjournment declared by 5 p.m. in each case. All meetings were held at the Mill Mountain Discovery Center. John Montgomery, a member of the board since 2014, served as chair during the year. He had previously served as vice -chair in 2016 -17, under the chairmanship of Matt Bullington, who served as vice -chair in 2017 -18. Following roll call, approval of minutes, and the invitation for public and member comments, the meeting agenda routinely called for reports from three standing sources: the Mill Mountain Supervisor's Report, the Mill Mountain Zoo Report and the Mill Mountain Garden Report. Mill Mountain Supervisor Matt Allenbaugh regularly briefed the board with statistical data and other highlights that had occurred since the previous board meeting — including park attendance figures, number and types of programs conducted, special occasions (such as birthday, anniversary and wedding gatherings) and outstanding volunteer hour contributions. Midway through the year, he reported a January break -in and subsequent vandalism, the first instance of such activity in the center's existence. The Mill Mountain Zoo report was given by board member Sarah Karpanty for part of the year; when her schedule required her to submit her resignation from the board, she was replaced by LaTron Brown, who took over as zoo representative. Zoo reports during the year included details related to staff reorganization, fundraising efforts, renovation procedures and public relation awareness ideas designed to increase attendance. The zoo co- directors, Bill Baker and Robin Lentz, spoke at one meeting. Rotating exhibits designed to inform and entertain patrons and the rationale behind the upgrading of an in -house camera and security system were other areas covered during the year. Whitney Feldmann faithfully shared highlights of the Mill Mountain Garden Club's activities, including detailed facelift changes. Redoing the entranceway and renovating the garden pond were major accomplishments. During the year, the organization's visionary plan went before city council for approval. In 2017 -18 Montgomery and Michael Clark, director of parks and recreation, began meeting bi- monthly prior to the board meeting to ensure the fleshing out of a full agenda and making the most of the hour -long board meetings. The roles and expectations of board members were developed. In January, board members shared the specifics of what originally drew them to the MMAB and why they continued to serve. Clark said he would be pleased to see another project come before the board like "Valley Forward" a few years previously. Although that concept was eventually voted down, it was an example of what the board strives to do on an ongoing basis: play a role in planning the mountain's future and increase its viability as a tourist attraction and economic development engine. The year 2018 marked the latest opportunity for Roanoke Parks and Recreation to develop a Capital Improvement Plan — and MMAB members took an active role in attending community meetings and sharing input. Nearly all board members attended at least one session. In March, the board heard a presentation from Lewis Hopkins, a US Cooperative member, recommending the installation of a solar electric system to power the Mill Mountain Star. After hearing the rationale behind the proposal, the board voted to encourage city manager's office to explore the idea further — although there were some reservations expressed that implementation of the solar power concept might encourage other entrepreneurs to submit commercially- driven ideas. Another guest presenter during the year was Renee Powers, who supervises the trails and greenways for the city. Powers briefed the board on specifics of her job and provided maps which detailed the trail locations on Mill Mountain. The board was impressed with the thoroughness and care the department is taking in this area. The plan for a Mill Mountain Appreciation Day, originally suggested a couple of years ago, was dismissed by the board at the present time because the potential drawbacks associated with competing with other events appear to outweigh the benefits. Throughout the year, guard rail maintenance and road repair was a topic frequently addressed. Preserving a safe and attractive environment for park visitors remains a high priority of the parks and recreation department and the advisory board. At the May meeting, David Perry was elected as chair for the 2018 -19 year. 1 ROANOKE September 5, 2018 AUDIT COMMITTEE ANNUAL REPORT For Fiscal Year Ending June 30, 2018 The Audit Committee is one of three permanent committees of the City Council. It serves in an advisory role to Council and appointed officers on matters related to the City's financial records and activities affecting the financial records. Meetings are typically held quarterly and at the request of any member: The Audit Committee oversees the City and Pension Plan annual financial statement audits, as well as the Municipal Auditing Department's budget and work plan. It also reviews all audit reports and updates, which for the year ending June 30, 2018, included: • City Council Expenditures • Revenue System Implementation • Police Cash and Fees • Fraud, Waste and Abuse Investigations • Right of Way Maintenance • City Purchasing Cards • Opinions on the FY17 Financial • Real Estate Rehabilitation Tax Abatement Statements Municipal Auditing's Annual Report for the year ending June 30, 2018, is attached. Meeting minutes, audit reports and updates are available online through the City's website at www.roanokeva.-gov/auditing. MUNICIPAL AUDITING ANNUAL REPORT Fiscal Year Ending June 30, 2018 Activity by Entity ■ CITY RCPS GRTC 2% 4% 17% Activity by Service Type 5% 22% M • Consultation Performance Financial Related • Investigations • Quality Assurance Information Systems ■Audit Follow Up Major Projects Project Description FY17 Financial Approximately 1,700 hours to close the books, Close and CAFR prepare the CAFR, and coordinate the annual Production financial audit. Tax and Treasury Approximately 1,200 hours to procure a new system, Project plan and begin system implementation, and finalize agreements with the Commissioner of the Revenue and City Treasurer. Real Estate Approximately 600 hours to develop the data and Rehabilitation Tax analyze the costs and impacts of the tax abatement Abatement Program program created to encourage rehabilitation of residential and commercial properties from 2000 to 2017. Police Cash and Approximately 480 hours to audit all police cash Fees (CY16) accounts, expenditures of vice funds, and collections of fees for various police services. RCPS Fixed Assets Approximately 400 hours to evaluate controls over the school division's individual assets costing $500 or more. Major Projects Project Description Audit Follow Ups Approximately 430 hours verifying that management had completed action plans to address past audit findings in the following areas: - Right of Way Maintenance - RCPS Workers Compensation - RCPS Student Transportation - GRTC Revenue Collections RCPS Purchasing Approximately 400 hours to evaluate controls over purchases by the school division, including through RFP /IFB, small purchasing guidelines, and credit cards. Investigations Approximately 300 hours investigating various allegations of fraud, waste, and abuse received through the hotline. 33 Direct vs Indirect Time ■ Direct Indirect 10 Benchmark = 68% Direct Time 1' 17°/ Indirect Time Breakdown 2% 2% 25% �o ■ Employee Leave Employee Development Admin - Staff ■ Admin - Office • Boards & Committees ■Audit Plans / Risk Assess • Dept Development Performance Measures Measure Target Actual Delta Assignments Completed / FTE 8 5 (3) Client Satisfaction [1 to 5] 4 3.75 (0.25) Client Action Plans Completed 80% 60% (20 %) End of Report MINUTES Audit Committee of Roanoke City Council Location: Council Conference Room Noel C. Taylor Municipal Building, Room 451 South Date: June 6, 2018 Time: 4:04 p.m. to 4:55 p.m. Attendees: Audit Committee Member Present (Y /N) William Bestpitch (Chair) Y Anita Price (Vice- Chair) Y Michelle Dykstra (Member) Y Sherman Lea (Ex- Officio) N Drew Harmon, Municipal Auditor Bob Cowell, City Manager Dan Callaghan, City Attorney Brian Townsend, Assistant City Manager for Community Development Sherman Stovall, Assistant City Manager for Operations Amelia Merchant, Director of Finance Dawn Hope Mullins, Assistant Municipal Auditor Tasha Burkett, Information Systems Auditor Brian Pendleton, Senior Auditor Emma Coole, Senior Auditor Susan Lower, Real Estate Valuation Manager Margaret Lindsey, Accounting Supervisor 1. Call to Order: Mr. Bestpitch called the meeting to order at 4:04 p.m. and asked Mr. Harmon to introduce the newest member of the Auditing Department. Mr. Harmon introduced Brian Pendleton as the Department's new Senior Auditor. Mr. Pendleton is a Virginia Tech graduate with a Master's degree in Accounting. He is a certified public accountant and was most recently employed with Cherry Bekeart. Mr. Bestpitch welcomed Mr. Pendleton to the City. 2. Approval of the Minutes from the March 7, 2018 Meeting: June 6, 2018 Page 2 of 5 Mr. Bestpitch asked if there were any corrections to the minutes. Hearing none, the minutes were received and filed as written. 3. Purchasing Card Audit: Mr. Harmon explained that the audit began in early 2017 by a staff member who left last summer, creating a delay in completion. Staff worked with Fifth -Third bank to establish access to the City's archived data, which was available retrospectively for three years from the time of the March 2017 request. During the scope of the audit, the City had over 600 active cards, as well as virtual cards used in the accounts payable process. Virtual cards are used in place of checks to pay invoices associated with purchase orders and contracts. The City spent approximately $10 million annually using its purchasing cards. The City's auto parts supplier and jail food services provider accounted for over half of those total payments. No anomalies were identified during the course of the audit. User compliance was good, as in past audits. Mr. Harmon commented that there is an opportunity to do a lot more electronically with the Fifth -Third system, including electronic approvals and automatic review for out -of -the ordinary purchases. Ms. Price expressed her thanks to City staff for another clean audit. Mr. Bestpitch asked if a process for identifying transfers and terminations is in place to ensure purchasing cards are canceled timely. Ms. Merchant responded that departments are required to compete a checklist for transfers and terminations that includes canceling the employee's purchasing card. Hearing no further questions, the report was received and filed. 4. Rehabilitation Tax Abatement Program Audit: Mr. Harmon began by noting that the per capita real estate value for the City compared to Salem and the County: - County = $93,538 - Salem = $86,779 - City = $72,796 The Real Estate Rehabilitation Tax Abatement Program has been assumed to be an effective tool for encouraging investment in improving real estate values. This audit was an attempt to quantify the impact of the City's tax abatement program. Based on data from 2000 through 2017, real estate values for 776 properties increased by $245 million due to improvements linked to the abatement program. Approximately $25 million in taxes were abated June 6, 2018 Page 3 of 5 during this time. Additional taxes generated will exceed $40 million by the time the last abatement expires in 2032. This impact does not measure the effects of incremental growth after initial reassessments, or the influence on values of neighboring properties. The impact of the abatement program was also muted to a significant degree by the great recession that began in 2008. Participation in the tax abatement program was wide spread, with 90% of the City's neighborhoods having at least one participating property. The Old Southwest neighborhood had approximately one in four homes participate in the program. Approximately half of the properties that participated in the abatement program increased in value by more than $100,000. More than half of the participating properties increased their assessed value by more than 100 %. Mr. Harmon noted that Exhibit 11 of the report shows program participation by neighborhood and provides a good snapshot of the program. The abatement program will be evaluated for revisions and reauthorization in 2019. Mr. Harmon commented that properties should meet all code requirements to receive an abatement and that the Code Enforcement staff should verify compliance when rehabilitation work is completed. Mr. Harmon also noted that program application fees should be increased to more fully cover administrative costs. Mr. Bestpitch asked if there were any questions related to something other than the recommendations. There were none. Related to code enforcement inspections, Mr. Bestpitch asked if it is appropriate to have inspections at the beginning of the process as well as the end. Mr. Townsend confirmed that inspections should be performed at the beginning of projects so that owners have the list of deficiencies which must be addressed to qualify for abatement. Mr. Bestpitch asked if Council needs to take some action to require inspections. Mr. Townsend confirmed that a requirement for code compliance inspections would need to be part of the statute. Ms. Price asked who would verify that all required work was properly completed. Mr. Townsend explained that Code Enforcement staff would have to perform a pre and post rehabilitation inspection for codes compliance. This would be in addition to the Real Estate Assessment team performing their pre and post rehabilitation appraisals. Mr. Cowell commented that the program will be reviewed in more detail and additional changes will likely be identified. He suggests deferring piecemeal changes to the program now and adopting a comprehensive revision when the program is due to sunset in 2019. Mr. Bestpitch noted that the current program provides that an abatement can be taken away if the owner has delinquent real estate taxes. Ms. Lower responded that the code broadly applies this June 6, 2018 Page 4 of 5 requirement to any property the person owns, not only the rehabilitated property. This is difficult to monitor due to persons owning property under various management companies and LLCs. Real Estate Valuation currently creates a report each year that identifies properties receiving an abatement that have unpaid real estate taxes after the April deadline. Owners receive letters and phone calls to alert them to the potential loss of their abatement if taxes are not paid by June 30. Mr. Bestpitch suggested that the code be amended based on practical considerations of cost and ability to enforce compliance. Finally, Mr. Bestpitch commented that the abatement program provides intangible benefits to the community as a whole. Ms. Dykstra agreed and complimented Ms. Lower's administration of the program. Hearing no further questions, the report was received and filed. 5. Revenue Project Update Mr. Harmon noted that the software contract was signed in early March and that the base system has been installed. The City's subject matter experts have begun familiarizing themselves with the software and have begun preparations for configuration and data conversion. The vendor began working on business process reviews (BPRs) in April. These reviews are a key element in configuring the system to meet the City's functional requirements. It is also an opportunity for the City to adapt its processes to promote efficiency, better customer service and more effective administration. BRPs are expected to be completed by the end of August. City staff have been working to clean up the City's legacy data in preparation for moving the data into the new system. This is one of the most difficult and challenging aspects of the project. The City team started with business license data. The work has gone well to date and team members are optimistic. Ms. Dykstra commented that she is amazed by the length of the process and is grateful that it is finally being done. Mr. Bestpitch asked if there is anything that needs the Audit Committee's attention. Mr. Harmon had no requests of the Committee at this time. Hearing no further questions, the update was received and filed. 6. Hotline Update Mr. Bestpitch asked if the reporter who had the procurement concern ( #17 -304) was notified of the outcome. Mr. Harmon responded that the reporter had visited the Auditing department and was briefed on the outcome. Mr. Bestpitch asked if improvements to the procurement process were under review. Mr. Harmon confirmed that the concerns were reviewed with Purchasing and that opportunities for improving were recognized. Purchasing will be subject to future audits. June 6, 2018 Page 5 of 5 Ms. Price asked if the ethics issue (17 -307) had been addressed with the employees involved. Mr. Harmon responded that management was aware of the situation prior to the hotline report and had appropriately addressed it with the employees. Mr. Harmon commented on reports that were forwarded to the Police Department, noting that Auditing reviews the persons named in these reports to verify they are not City employees. Auditing posts follow up comments in the hotline system to let reporters know the information has been sent to the Police Department. The last item on the hotline report was a concern about drivers for the Solid Waste Division receiving pay for hours not worked (18 -309). Auditing confirmed that drivers were allowed to leave before the end of a shift once all routes were completed. Based on discussions with City management and the City Attorney's Office, as well as practical considerations, Auditing concluded the practice was reasonable. City management is expected to monitor route times and periodically re- evaluate staffing levels. Mr. Bestpitch commented on the importance of Solid Waste services and the value of the employees providing those services. Citizens count on those employees to provide this weekly service. Sensible practices for managing schedules and routes are worthwhile and appropriate. Hearing no further questions, the update was received and filed. 7. Other Business: None. 8. Adjournment: Mr. Bestpitch adjourned the meeting at 4:55 p.m. TWENTY -THIRD JUDICIAL CIRCUIT OF VIRGINIA WILLIAM D. BROADHURST, CHIEF JUDGE CIRCUIT COURT FOR THE COUNTY OF ROANOKE ROANOKE CITY COURTHOUSE CIRCUIT COURT FOR THE CITY OF ROANOKE 315 CHURCH AVENUE, S.W. CIRCUIT COURT FOR THE CITY OF SALEM P.O. BOX 211 ROANOKE, VIRGINIA 24002 -0211 (540) 853 -2051 FAX(540)853 -1040 COMMONWEALTH OF VIRGINIA September 4, 2018 The Honorable Shermua. 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: Please find enclosed the Reports of the Board of Equalization for the taxable year July 1, 2018 to June 30, 2019. Thomas M. Hubard, Robert K. Floyd, and Mary V. Hagmaier have continued to serve admirably in their positions. Ms. Hagmaier has announced her intention to resign the Board effective January 1, 2019. A suitable successor will be designated in due course. 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 Council. I wish you all good health and a good fortune as you continue to serve the citizens of the City of Roarwk With best regards, William D. roadhurst Chief Judge cc: Mr. Robert S. Cowell, Jr., 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 ir. Robert i-�. Floyd, Jr., Secre ary,-Board of Equalizat ion Judge Charles N. Dorsey Judge James R. Swanson Judge David B. Carson Judge J. Christopher Clemens July 02, 2017 Board of' Ecivalization The Honorable judge William D Broadhurst judge of the Circuit Court City of Roanoke Roanoke, Virginia 24011 Dear)udge Broadhurst: We wish to inform you that the Board of Equalization has completed its work for the taxable year July 01, 2018 to June 30, 2019. The Board received 29 appeals. All properties were inspected with the following results: 29 Appeals were considered 21 Residential Properties 06 Residential affirmed value 12 Residential decreased value 02 Residential increased value 01 Residential withdrawn before inspection 08 Commercial and Industrial Properties 07 Commercial and Industrial affirmed value 01 Commercial and Industrial decreased value The Honorable Judge William D Broadhurst July 02, 2018 Page 2 Orders were dated June 29, 2018 and mailed on July 02, 2018 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 omas M. Hubard, Ch irman 14VT - -- - -- ---- - - - --- - - -- ----- - - - - -- Mary V. Igmaier, Vice- hairman Robert K. Floyd, Jr., ecretary TMH /pal STEPHANIE M. MOON REYNOLDS, MMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail: clerk(u),roanokeva.gov September 20, 2018 Robert A. Clement, Jr. Neighborhood Services Coordinator Roanoke, Virginia Dear Mr. Clement: CECELIA F. MCCOY Deputy City Clerk CECELIA T. WEBB, CMC Assistant Deputy Clty Clerk This is to advise you that Jacqueline W. Moon has qualified as a member of the Roanoke Neighborhood Advocates for a term of office ending June 30, 2021. Sincer y, j Stephanie M. Moon Reynol�'MMC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, Jacqueline W. Moon, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Roanoke Neighborhood Advocates for a term of office ending June 30, 2021, according to the best of my ability. (So help me God.) _A� J C ELINE W. MOON The foregoing oath of office was taken, sworn to, and subscribed before me by Jacqueline W. Moon this 7_1�0 day of 2018. AV Brenda S. Hamilton, Clerk of the Circuit Court S'1'EPIIANIE M. MOON REYNOLDS, MM( City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 'relephone: (540) 853 -2541 Fax: (540) 853 -1145 clerk(n)roauokeva.gov September 20, 2018 Dr. Jeffrey D. Stern State Coordinator of Emergency Management Virginia Department of Emergency Management 10501 Trade Court Richmond, Virginia 23236 Dear Dr. Stern: CECELIA F. MCCOY Deputy City Clerk CECELIA 1'. WEBB, CMC Assistant Deputy City Clerk I am enclosing copies of Resolution No. 41245 - 091718 confirming the declaration of a local emergency by the City Manager, conferring emergency powers in the City Manager as Director of Emergency Management; authorizing the City Manager to make application for Federal and State public assistance to deal with such emergency; designating a fiscal agent and an agent for submission of financial information for the City; and calling upon the Federal and State governments for assistance; and Resolution No. 41261 - 091718 ending the declaration of a local emergency by the City Manager. The abovementioned measures were adopted by the Council of the City of Roanoke at its regular meeting held on Monday, September 17, 2018, and is in effect upon passage. Sincerely, Stephanie M. Moon City Clerk Enclosure Reynold C i n IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of September, 2018. No. 41245 - 091718. A RESOLUTION confirming the declaration of a local emergency by the City Manager, conferring emergency powers in the City Manager as Director of Emergency Management; authorizing the City Manager to make application for Federal and State public assistance to deal with such emergency; designating a fiscal agent and an agent for submission of financial information for the City; and calling upon the Federal and State governments for assistance. WHEREAS, on September 8, 2018, Governor Ralph Northam declared a state of emergency throughout the Commonwealth of Virginia with respect to a significant weather event involving Hurricane Florence; WHEREAS, the Council of the City of Roanoke finds that the City has the potential for a local emergency and disaster because of Hurricane Florence made landfall in the Carolinas during the September 13 -15, 2018 period and presented significant risk of flooding in our region that could result in significant costs to the City; WHEREAS, pursuant to the provisions of Section 44- 146.21, Code of Virginia, on September 13, 2018, the City Manager declared a local emergency commencing on September 13, 2018, and which declaration of local emergency City Council must confirm at its next regularly scheduled meeting, or at a special meeting within fourteen days of such declaration; and WHEREAS, a condition of extreme peril existed which necessitated the declaration of the existence of a local emergency. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Council confirms that a local emergency existed throughout the City of Roanoke commencing September 13, 2018. 2. Council hereby ratifies and confirms that, during the period of the emergency confirmed by this resolution, the City Manager, as Director of Emergency Management, possessed and held those powers, functions, and duties prescribed by the Code of Virginia (1950), as amended, the City of Roanoke Charter of 1952, the Code of the City of Roanoke (1979), as amended, and the Emergency Operations Plan approved by this Council, in order to further the public health, safety, and welfare, address the needs of the people of the City of Roanoke, and mitigate the effects of such emergency. 3. The City Manager is hereby authorized for and on behalf of the City to execute applications, in form approved by the City Attorney, for Federal and State public assistance as is necessary and proper to meet this emergency and to provide to Federal and State agencies for all matters relating to Federal and State disaster assistance the assurances and agreements required by the Federal Emergency Management Agency and other agencies of the State and Federal government. 4. The City's Director of Finance, is hereby designated as the City's fiscal agent to receive, deposit and account for Federal and State funds made available to the City to meet the emergency declared by this resolution, and is hereby designated as the City agent for executing and submitting appropriate documentation and information regarding Federal and State reimbursement for this emergency. 5. The Council calls upon the Federal and State governments to take steps to afford to the City of Roanoke public aid and assistance as is necessary and proper to meet this emergency. 6. The City Clerk is directed to forward an attested copy of this resolution to the State Coordinator of Emergency Management. ATTEST: I -if t4d_14�-ty Clerk. CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail: clerk(a)roanokeva.gov STEPHANIE M. MOON REYNOLDS, MMC City Clerk September 25, 2018 Daniel J. Callaghan City Attorney Roanoke, Virginia Dear Mr. Callaghan: CECELIA F. MCCOY Deputy City Clerk CECELIAT. WEBB,CMC Assistant Deputy City Clerk At a regular meeting of the Council of the City of Roanoke which was held on Monday, September 17, 2018, you were reappointed as City Attorney of the City of Roanoke, for a term of two -years commencing October 1, 2018, and ending September 30, 2020. Enclosed you will find a Certificate of your reappointment and an Oath or Affirmation of Office which must be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. After the Oath has been administered, please return one copy to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., prior to serving in the capacity to which you were reappointed. Pursuant to Section 2.2 -3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your reappointment and each member is required "to read and become familiar with provisions of the Act." Sincerely, Stephanie M. Moon Reynolds, MMC City Clerk Enclosures COMMONWEALTH OF VIRGINIA ) To -wit: CITY OF ROANOKE ) I, Stephanie M. Moon Reynolds, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the seventeenth day of September 2018, Daniel J. Callaghan was reappointed as City Attorney of the City of Roanoke, for a term of two - years commencing October 1, 2018 and ending September 30, 2020. Given under my hand and the Seal of the City of Roanoke this twenty -fifth day of September 2018. City Clerk STEPHANIE M. MOON REYNOLDS, MM( City Clerk Troy A. Harmon Municipal Auditor Roanoke, Virginia Dear Mr. Harmon: CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E-mail: clerk(h)ronnokeva.gov September 25, 2018 CECELIA F. MCCOY Deputy City Clerk CECELIA T. WEBB, CMC Assistant Deputy City Clerk At a regular meeting of the Council of the City of Roanoke which was held on Monday, September 17, 2018, you were reappointed as Municipal Auditor of the City of Roanoke, for a term of two -years commencing October 1, 2018, and ending September 30, 2020. Enclosed you will find a Certificate of your reappointment and an Oath or Affirmation of Office which must be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. After the Oath has been administered, please return one copy to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., prior to serving in the capacity to which you were reappointed. Pursuant to Section 2.2 -3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your reappointment and each member is required "to read and become familiar with provisions of the Act." Sincerely, - - A--,7L VY Stephanie M. Moon Reynol s, MMC City Clerk Enclosures COMMONWEALTH OF VIRGINIA ) } To -wit: CITY OF ROANOKE ) I, Stephanie M. Moon Reynolds, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the seventeenth day of September 2018, Troy A. Harmon was reappointed as Municipal Auditor of the City of Roanoke, for a term of two- years commencing October 1, 2018 and ending September 30, 2020. Given under my hand and the Seal of the City of Roanoke this twenty -fifth day of September 2018. e City Clerk " �f CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 F. -mail. • derk(n)roanokeva.eov STEPHANIE M. MOON REYNOLDS, MMC City Clerk September 25, 2018 Stephanie M. Moon Reynolds City Clerk Roanoke, Virginia Dear Ms. Moon Reynolds: CECELIA F. MCCOV Deputy City Clerk CECELIA T. WEBB, CMC Assistant Deputy City Clerk At a regular meeting of the Council of the City of Roanoke, which was held on Monday, September 17, 2018, you were reappointed as City Clerk of the City of Roanoke, for a term of two -years commencing October 1, 2018, and ending September 30, 2020. Enclosed you will find a Certificate of your reappointment and an Oath or Affirmation of Office which must be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. After the Oath has been administered, please return one copy to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., prior to serving in the capacity to which you were reappointed. Pursuant to Section 2.2 -3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your reappointment and each member is required "to read and become familiar with provisions of the Act." Sincerely, Cecelia F. McCoy Deputy City Clerk Enclosures COMMONWEALTH OF VIRGINIA ) } To -wit: CITY OF ROANOKE ) I, Cecelia F. McCoy, Deputy City Clerk, and as such Deputy City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the seventeenth day of September 2018, Stephanie M. Moon Reynolds was reappointed as City Clerk of the City of Roanoke, for a term of two -years commencing October 1, 2018 and ending September 30, 2020. Given under my hand and the Seal of the City of Roanoke this twenty -fifth day of September 2018. �., 74 - Deputy City Clerk SHERMAN P. LEA, SR. Mayor CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S.W. Noel C. Taylor Municipal Building, Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 Council Members Email: clerk@roanokeva.gov William D. Bestpitch Joseph L. Cobb Michelle L. Dykstra September 17, 2018 p John A. Garland Djuna L. Osborne Anita J. Price The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Lea and Members of Council: Pursuant to Section 9, Elections by Council, when held, terms, etc., of the Roanoke City Charter, that during the month of September 1974 and during the month of September of the second year thereafter, the Council shall elect a City Clerk, City Attorney and a Municipal Auditor, each of whom shall serve for a term of two years from the first day of October next following the date of their election and until their successor shall have been elected and qualified. With your concurrence, I recommend that the following Council Appointed officers be reappointed for two -year terms ending September 30, 2020. Stephanie M. Moon Reynolds, MMC, City Clerk Daniel J. Callaghan, City Attorney Troy A. Harmon, Municipal Auditor Sincerely, Michelle L. Dykstra, Chair Roanoke City Personnel Committee MLD:ctw STATEMENT OF CONFLICT OF INTEREST I, John A. Garland, state that I have a personal interest in Agenda Section 6, Petitions and Communications, Item 6.a. of the 2:00 p.m. Session of City Council on September 17, 2018, regarding a communication from Council Member Michelle L. Dykstra, Chairman, Roanoke City Council Personnel Committee, advising of the expiration of the two -year terms of office of the City Attorney, City Clerk, and Municipal Auditor ending September 30, 2018, because the City Attorney is a residential tenant at a property owned by 209 1st Street LLC, a limited liability company in which I own an interest. Therefore, pursuant to Virginia Code Section 2.2 -3112, I must refrain from participation in this matter. I ask that the City Clerk accept this statement and ask that it be made a part of the minutes of this meeting. Witness the following signature made this 17th day of September, 2018. (Seal) Jo A. Garland, Council Member Goodwill Industries of the Valleys Work Progra Youth Services Initiative Summer Youth Work Program (SYWP) Structure Second year of the program. Administered by Goodwill Industries of the Valleys, Inc. * Assisted in business recruitment. Recruited student participants Provided job readiness training. Provided on the job support to youth and employers. Contact for youth and businesses. �....._..a` �-a �m ¢ �_msr� -x ..,.a. .,. a., _ ✓ts ii'. �+M.� � 4 .a..<. _ t "y4' - -' Up to 100 youth. Youth 14 -21 years of age who reside in Roanoke. Survey Results would enroll in this work program next summer if offered. Would you invite a friend to the work program next summer if offered? (Both had the same percentages in answers.) • Agree: 87°l • Disagree: 0% O Neutral: 13% Did you enjoy your work site this year? • Agree: 75% • Disagree: 25% o Neutral: o% Survey Results Suggestions for additional jobs offered: r Hair stylist Pet store Car wash Movie theater Fast food o, Day care Youth Perspective ---------- 4 Youth Summer Work Program Questions? J L) IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of September, 2018. No. 41246- 091718. A RESOLUTION accepting a FY 2019 Urban and Community Forestry Grant from the Virginia Department of Forestry to fund a part-time Urban Forestry Planner to work under the Urban Forester, and authorizing the execution of any required documents in connection therewith, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that: The City of Roanoke hereby accepts the FY 2019 Urban and Community Forestry Grant from the Virginia Department of Forestry in the amount of $15,500, with a $12,931 local match from the City, an additional $3,464 in match funding to maintain the Urban Forestry Planner position at current salary and benefit levels, and 800 hours of in -kind volunteer work by the Roanoke Tree Stewards, to fund various projects, as more particularly set forth in the City Council Agenda Report dated September 17, 2018. 2. The City Manager is hereby authorized to execute, and the City Clerk is authorized to attest, a Memorandum of Agreement attached to the City Council Agenda Report dated September 17, 2018, and any other documents necessary to accept and implement such grant, as more particularly set forth in the City Council Agenda Report dated September 17, 2018, such documents to be approved as to form by the City Attorney, and to furnish such additional information as may be required in connection with the City's acceptance of this grant. ATTEST: City Clerk. R -Urban and Community Forestry Grants FY2019 9.17.18.doc V),", IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of September, 2018. No. 41247 - 091718. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Urban and Community Forestry Grant, amending and reordaining certain sections of the 2018 -2019 General and Grant Funds 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 2018 -2019 General and Grant Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: General Fund Appropriations Temporary Wages 01- 620 - 4340 -1004 ($15,230) FICA 01- 620 - 4340 -1120 (1,165) Transfer to Grant Fund 01- 250 - 9310 -9535 16,395 Grant Fund Appropriations Regular Employee Salaries 35- 620 - 4386 -1002 22,040 City Retirement 35- 620 - 4386 -1105 3,755 401 Health Savings Match 35- 620 - 4386 -1117 216 FICA 35- 620 - 4386 -1120 1,686 Medical Insurance 35- 620 - 4386 -1125 3,730 Dental Insurance 35- 620 - 4386 -1126 179 Life Insurance 35- 620 - 4386 -1130 289 Revenues Urban Forestry Grant FY19 - Federal 35- 620 - 4386 -4386 15,500 Urban Forestry Grant FY19 - Local Match 35- 620 - 4386 -4387 16,395 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ity C erk. CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: September 17, 2018 Subject: FY 2019 Urban and Community Forestry Grant Acceptance Background: For the seventeenth year, the Virginia Department of Forestry (VDOF) has awarded Parks and Recreation funding to staff a part -time Urban Forestry Planner to work under the Urban Forestry Coordinator. This is expected to be the last grant that will be awarded to Roanoke under this program. A letter was received from VDOF notifying the Urban Forestry Coordinator that $15,500 would be awarded upon completion of the Memorandum of Agreement (MOA). These funds require a match of $12,931 from the City and 800 hours of in -kind volunteer work by the Roanoke Tree Stewards (for a value of $19,312). To maintain the Urban Forestry Planner position at current salary and benefit levels, the City of Roanoke must provide an additional $3,464 in match funding, for a total match of $16,395. The grant will be used to (1) update the Urban Forestry Plan, (2) revise the tree canopy list in the zoning ordinance, (3) examine the benefits of tree canopy planted or preserved for stormwater fee credits, (4) manage the Commemorative Tree Program, and (5) coordinate the Roanoke Tree Steward Program. The activities are consistent with the Urban Forestry Plan adopted as an element of Vision 2001 -2020. Considerations: City Council action is needed to accept this grant and authorize the City Manager to execute an MCA between VDOF and the City. A copy of the MCA is attached to this letter. Recommended Action: Accept the grant as described above and authorize the City Manager to execute any required grant agreements to be approved as to form by the City Attorney. Adopt the accompanying budget ordinance to establish a revenue estimate in the amount of $15,500, transfer local match funding of $16,395 from the Parks and Recreation budget, and appropriate $31,895 into accounts to be established in the Grant Fund by the Director of Finance. Robert Cowell, .Jr. City Manager Distribution: Council R. Brian Amelia Michael Appointed Officers Townsend, Assistant City Manager - Merchant, Director of Finance D. Clark, Director of Parks and Recreation 2 U &CF Assistance Grant Program Memorandum of Agreement Grant # 18UCF06 This agreement made this 2nd day of August, 2018 by and between the Virginia Department of Forestry, herein referred to as "Party of the First Part", and City of Roanoke herein referred to as "Party of the Second Part". The parties of this agreement, in consideration of the mutual covenants and stipulations set out herein in order to promote, support and participate in the federal grant program, sponsored by the U.S.D.A Forest Service (Catalog of Federal Domestic Assistance #10 -664) agree as follows: (1) PURPOSE: Now therefore, in consideration of the above premises the parties of the first and second agree to the following terms listed below. (2) SCOPE OF SERVICES: The Party of the Second Part shall provide the service to the Party of the First Part as set forth in the grant application, narrative and budget form as revised if revisions were done. (3) TIME OF PERFORMANCE: The services of the Party of the Second Part shall commence on August 2, 2018 and shall terminate on August 1, 2019. In the event of breach by the Party of the Second Part of this agreement, the Party of the First Part will give written notice to the Party of the Second Part specifying the manner in which the agreement has been breached. All time limits stated are of the essence of this agreement (4) COMPENSATION: The Party of the Second Part shall be paid $15,500.00 by the Party of the First Part according to the schedule on page 4, in accordance with the rules and regulations in Attachment A: The funds awarded under the grant are available on a reimbursement basis after verification of match and in accordance with the payment schedule on page 4. Minor shifts of the funds among categories not to exceed 10 percent may be permitted, but in no case can the total expenditures exceed the amount provided by this contract. Shifts of funds between budget categories exceeding 10 percent must be approved in writing by the Party of The First Part. Source documentation including canceled checks, copies of invoices, time and attendance records, and /or detailed printouts will be submitted with the "Request for Funds ". Invoices will be marked "PAID" and referenced as to how payment was made (i.e. check number). (5) MATCHING /COST SHARE REOUIREMENTS: The funding listed above will require a 50 /50 match /cost share requirements. Indirect Cost Rates- Pursuant to OMB Guidance 2 CFR 200.414 allows for Recipients without a negotiated indirect cost rate to accept a de minimis indirect cost rate of 10% of Modified Total Direct Cost. Recipients with a federally negotiated indirect cost rate must be identified in the proposal and subaward. A copy of the Recipient's approved indirect cost rate agreement must accompany their application. All federal and recipient matching /cost- share contributions are subject to all relevant OMB Circulars and Code of Federal Regulations. Funds under this grant are not to be allocated for research; the funds are for project expenses only. (6) PRE -AWARD COST: Pursuant to OMB Guidance, 2 CFR 200.458 are hereby authorized where such costs are necessary for efficient and timely performance of the scope of work. Such costs are allowable only to the extent that they would have been allowable if incurred after the date of the award and only with the written approval of awarding agency. (7) ASSISTANCE: The Party of the First Part agrees upon request of the Party of the Second Part to furnish, or otherwise make available to the Party of the Second Part, copies of existing non - proprietary materials in the possession of the Party of the First Part that are reasonably related to the subject matter of this agreement and are necessary to the Party of the Second Part for completion of his performance under this agreement. (8) GENERAL PROVISIONS: Nothing in this agreement shall be construed as authority for either party to make commitments which will bind the other party beyond the Scope of Service contained herein. Furthermore, the Party of the Second Part shall not assign, sublet or subcontract any work related to this agreement or any interest it may have herein without the prior written consent of the Party of the First Part. This contract is subject to appropriations by the Virginia General Assembly. (9) LAW APPLICABLE: This Memorandum of Agreement shall be governed by the laws of the Commonwealth of Virginia. (10) INTEGRATION AND MODIFICATION: This contract constitutes the entire agreement between the Party of the Second Part and the Party of the First Part. No alteration, amendment or modification in the provisions of this agreement shall be effective unless it is reduced to writing, signed by the parties and attached hereto. This award is executed as of the date of the last signature and is effective through August 1, 2019 at which time it will expire, unless extended by an executed modification, signed and dated by all properly authorized, signatory individuals. Any request for extension must be in writing a minimum of 30 days prior to the end of the stated grant period. Extensions will not be guaranteed. (11) TERMINATION: The Party of the First Part may terminate this agreement for its convenience upon 60 days written notice to the other party. The Party of the Second Part shall be paid for no service rendered or expense incurred after receipt of such notice except such fees and expenses incurred prior to the effective date of termination that are necessary for curtailment of its /his work under this agreement. In the event of breach by the Party of the Second Part of this agreement, the Party of the First Part shall have the right immediately to rescind, revoke or terminate the agreement. In the alternative the Party of the First Part will give written notice to the Party of the Second Part specifying the manner in which the Agreement has been breached. If a notice of breach is given and the Party of the Second Part has not substantially corrected the breach within the sixty 60 days of receipt of the written notice, the Party of the First Part shall have the right to terminate this Agreement. In the event of rescission, revocation or termination, all documents and other materials related to the performance of this Agreement shall become the property of the Department of Forestry. (12) COLLATERAL CONTRACTS: Where there exists any inconsistency between this Agreement, Attachment A and other provisions of collateral contractual agreements which are made a part of this Agreement by reference or otherwise, the provisions of this Agreement shall control. (13) ANTI - DISCRIMINATION: During the performance of this contract, the Party of the Second Part agrees as follows; The Party of the Second Part will not discriminate against any employee or applicant for employment because of race, religion, color, sex, or national origin, except where religion, sex, or national origin is a bona fide occupational qualification reasonable necessary to the normal operation of the Party of the Second Part. The Party of the Second Part agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non - discrimination clause. The Party of the Second Part, in all solicitations or advertisement for employees placed by or on behalf of the Party of the Second Part, will state that such Party of the Second Part is an equal opportunity employer. Notices, advertisements and solicitations in accordance with federal law, rules or regulations shall be deemed sufficient for the purpose of meeting the requirements of the Section. The Party of the Second Part will include the above provisions in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. (14) APPLICATIONS: This agreement shall be governed in all respects, whether as to validity, construction, capacity, performance or otherwise, by the laws of the Commonwealth of Virginia. (15) SEVERABILITY: Each paragraph and provision of the Agreement is severable from the entire Agreement; and if any provision is declared invalid, the remaining provisions shall nevertheless remain in effect. (16) CONTINGENT FEE WARRANTY: The Party of the Second Part warrants that he /it has not employed or retained any person or persons for the purpose of soliciting or securing this Agreement. The Party of the Second Part further warrants that he /it has not paid or agreed to pay any company or person any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon the award or making of this Agreement. For breach of one or both of the foregoing warranties, the Agency shall have the right to terminate this agreement without liability, or, in its discretion or otherwise recover, the full amount of said prohibition fee, commission, percentage, brokerage fee, gift or contingent fee. (17) CONFLICT OF INTEREST: The Party of the Second Part warrants that he has fully complied with the Virginia Conflict of Interest Act. (18) FINANCIAL RECORDS AVAILABILITY: The Party of the Second Part agrees to retain all books, records and other documents relative to this Agreement for five (5) years after final payment, or until audited by the Commonwealth of Virginia, whichever is sooner. The Party of the First Part, its authorized agents and /or State auditors shall have full access to and the right to examine any of said materials during said period. The Party of the Second Part agrees to comply with the Federal cost and administrative regulations found in the OMB Uniform Guidance published December 26, 2014. Administrative Regulations can be located at: http: / /whitehouse.gov /omb/ rg ants default/ Cost Principles can be located at: http: / /gpoaccess.gov /cfr /index.htmi. Forms can be found at http: / /www.ocio.usda.gov /forms /ocio forms.html or http: / /search.usda.gov (19) PERFORMANCE REPORTS: The Party of the Second Part agrees to provide the Party of the First Part performance reports on all activities identified in the proposals as they occur. The performance reports will contain a summary of progress and activities for each activity within the proposal; indicate any problems and solutions in meeting requirements, and provide financial funds expenditure information for reimbursement as appropriate. Please see the Performance Report Form Grantees may request reimbursement as frequently as needed (within reason) but no more than 4 times per grant cycle. The schedule for submittal of the periodic performance reports shall be as follows: PERIOD COVERED SUBMITTAL DATE August 2, 2018 - March 15, 2019 April 1, 2019 Final April 1, 2019 - August 1, 2019 August 15, 2019 4 (20) PRINCIPAL CONTACTS: In witness whereof the parties have caused this agreement to be executed by the following duly authorized officials: PARTY OF THE SECOND PART PARTY OF THE FIRST PART This contract has been reviewed by the staff of the Party of the First Part. Its substantive terms are appropriate, and sufficient funds have been obligated for its performance. BY (Print Name): Robert S. Cowell, Jr. Program Contact (Signature): Administrative Contact Name Lara Johnson Name Jackie Newton Address 900 Natural Resource Drive Address 900 Natural Resource Drive City, State, Zip Charlottesville, VA 22903 City, State, Zip Charlottesville, VA 22903 Phone 434 - 220 -9185 Phone 434 - 220 -9050 Email Larajohnson dof.vir inia. ov Email Jackie.newtonm dofvir inia. ov In witness whereof the parties have caused this agreement to be executed by the following duly authorized officials: PARTY OF THE SECOND PART PARTY OF THE FIRST PART This contract has been reviewed by the staff of the Party of the First Part. Its substantive terms are appropriate, and sufficient funds have been obligated for its performance. BY (Print Name): Robert S. Cowell, Jr. BY (Print Name): (Signature): (Signature): TITLE: City Manager TITLE: ORGANIZATION: City of Roanoke, Virginia AGENCY: Virginia Department of Forestry DATE: DATE: Attachment A A. Collaborative Arrangements: Where permitted by terms of the award, may enter into collaborative arrangements with other organizations to jointly carry out activities with grant funds. B. Non - Liability: The Virginia Department of Forestry does not assume liability for any third party damages arising out of this award. C. Metric System of Measurement: Wherever measurements are required or authorized, they shall also be made, computed and recorded in metric system units of measurement, unless otherwise authorized in writing. D. Trafficking in Persons: Human Trafficking is prohibited; additional information can be found under the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. 7104 (g)). E. Eligible Workers: All sub - recipients shall ensure that all employees complete the I -9 form and certify that they are eligible for lawful employment under the Immigration and Nationality Act (8 U.C.S. 1324a). F. Program Income: If any program income is generated as a result of an award, costs incidents due to the generation of program income can be deducted from the gross income to determine the program income amount, provided these costs have not been charged to the award and comply with the applicable Cost Principles. G. Grants may not be used for entertainment purposes. This means food, recreational type items, entertainment such as music, alcohol, plays movies, etc. These items also may not be used as match to the grant funding. Land may not be used as match. Rule of thumb — if you can't purchase it directly with grant dollars then most likely one cannot use it as match. H. Award Closeout: Award will be closed out either on the expiration date or with the notice of termination. Any unobligated funding at that time will be reverted to the Department of Forestry. I. Program Performance Reports: Shall be submitted in order to monitor performance of grant activities to ensure that performance goals are being achieved. Performance Reports will include: A comparison of actual accomplishments to the goals achieved for the period; reason(s) for delay if established goals were not met; additional pertinent information pertaining to the grant. J. Notification: Program Manager should be notified immediately of developments that have a significant impact on the activities supported under this grant. K. Changes in Key Positions and Personnel: Revisions to key positions and personnel identified in the application for this award require prior, written approval from the Department of Forestry. Failure to obtain prior, written approval when required may result in the disallowance of costs. L. Freedom of Information Act (FOIA): Public access to grant or agreement records shall not be limited, except when such records must be kept confidential and would have exempted from disclosure pursuant to "Freedom of Information" regulations (5 U.S.C. 552). M. Text Messaging while driving: In accordance with Executive Order (EO) 13513, "Federal Leadership on Reducing Text Messaging while driving" any and all text messaging by Federal Employees is banned. All sub recipients are encouraged to adopt and enforce policies that ban text messaging while driving while on government business. N. Public Notices /Acknowledgement: It is the U.S. Forest Service's policy to inform the public as fully as possible of its programs and activities. It is encouraged to give public notice of the receipt of this award from time to time, to announce progress and accomplishments. Acknowledge the U.S. Forest 6 Service as well as the Virginia Department of Forestry support in publications, audiovisuals and electronic media developed as a result of this award. A mandatory provision if development of publications or production of audiovisuals, or if information is shared via electronic format (including websites). O. Nondiscrimination Statement - Printed, Electronic or Audiovisual Materials: the following statement, in full, in any printed audiovisual material or electronic media for public distribution developed or printed with any federal funding. "In accordance with Federal law and U.S. Department of Agriculture policy, this institution is prohibited from discriminating on the basis of race, color, national origin, sex, age or disability. " If the material is too small to permit the full statement to be included, the material must, at a minimum, include the following statement, in print size no smaller than the text: "This institution is an equal opportunity provider. " P. Debarment and Suspension: Grantees must certify if any principals are presently excluded, debarred or suspended from entering into covered transactions with the federal government in according to the terms of 2 CFR Part 180. Q. Drug Free Workplace: Agrees to provide a drug -free workplace form AD -1049 to the Department of Forestry. This will verify that each employee who will be engaged in the performance of any project /program receiving federal funding will follow drug -free regulations as stated in the Rehabilitation Act of 1973 (29 U.S.C. 794). R. Copyrighting: Virginia Department of Forestry has the sole and exclusive right to copyright any publications developed as a result of this award. This includes the right to publish and vend throughout the world in any language and in all media and forms, in whole or in part, for the full term of copyright and all renewals thereof in accordance with this award. No original text or graphics produced and submitted by the USFS shall be copyrighted. S. Central Contractor Registration and Universal Identifier Requirements: (i) Requirement of Central Contractor Registration (CCR)- unless exempted from 2CFR 25.110, as a recipient you must be registered and maintain information updated at CCR internet site: http: //www.ccr.gov. (ii) Requirement ofData Universal Numbering System (DUNS) Number- no entity may receive a sub - award unless the entity can provide a DUNS number. (DUNS current internet site: http: / /fedgov.dnb.com /webform) T. Members of Congress: Pursuant to 41 U.S.C. 22, no United States member of, or United States delegate to, Congress shall be admitted to any share or part of this award, or benefits that may arise there from, either directly or indirectly. U. Disclosure of Lobbying Activities: Agrees to disclose lobbying activities pursuant to 31 U.S.C. 1352; the completion of Standard Form LLL is mandatory. V. Federal Funding Accountability and Transparency Act (Sub -award Reporting System): Effective October 1, 2010 all sub - awards that receives $25,000 or more from a federal award will need to be reported. The sub -award is responsible for providing DOF with the following information for timely reporting: Name, Address, Federal Tax Identification Number, DUNS Number, Principal place of performance and names of Highly Compensated Officers. W. International Travel: Funding for international travel is not approved from this grant. 7 Attachment B Check list The following information must be submitted with the Memorandum of Agreement: 1. Application for Federal Assistance SF424 2. Revised Budget Detail — if not receiving full funding 3. Assurances SF424B 4. Debarment AD 1048 5. Drug Free Form 6. W -9 7. Legislative Information form The following forms must be used when requesting reimbursement 1. Reimbursement form 2. Itemized Expense form 3. Volunteer Log if volunteer time is part of the match 4. Volunteer log used for documentation of staff time, or organization equivalent 2018 Urban and Community Forestry Assistance Grants BUDGET WORKSHEET 18UCF06 Applicant: City of Roanoke, Virginia Project Name: Urban Forestry Plan Update, Zoning Ordinance Revision, and More Grant Number: ITEM Itemize Expenses Below Grant Share Direct Expenses or Cash Purchases Applicant Direct Expenses or Cash Purchases Applicant In -Kind* Personnel Services: Volunteer & Applicant In -Kind Donated: Services, Supplies or Total Personnel: ran orestry Planner, 1040 hrs @ $21.192/hr 10,714.00 11,326.00 22,040.00 Urban Forestry Planner - Fringe Benefits: 44.73% 4,786.00 5,069.00 9,855.00 Volunteer Tree Stewards: hrs @ $24.14/hr 19,312.00 19,312.00 TOTAL 157500.00 16,395.00 19,312.00 - 51,207.00 NOTE: Total of Applicant Share Column, In -Kind and Cash Donation Column must equal or exceed Grant Share Column All grantees are required to maintain and submit written records that fully document all expenses. * For 2018 grants, $24.14 is the federally accepted base rate for volunteers. You may use a higher value for a professional who volunteers his /her professional services. Children should generally be at the minimum wage rate. OMB ADDroval No. 0348 -0043 APPLICATION FOR FEDERAL ASSISTANCE 2. DATE SUBMITTED Applicant Identifier PROPOSAL # 1. TYPE OF SUBMISSION: 3. DATE RECEIVED BY STATE State Application Identifier Application Pre - application 18 U C F 06 Construction Construction 1 4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier x Non - Construction x Non - Construction 5. Legal Name: City of Roanoke, Virginia Organizational Unit: Address (give city, county, state, and zip code) Name and telephone number of the person to be contacted on matters 215 Church Avenue, Room 303, Roanoke, VA 24011 involving this application (give area code) Bill West, 540 - 853 -1994 EMPLOYER IDENTIFICATION NUMBER (EIN): 7. TYPE OF APPLICANT: C (enter appropriate letter in box) A. State H. Independent School Dist. B. County I. State Controlled Inst. of Higher 5 1 4 - 6 0 I 0 I 1 1 5 1 6 1 9 Learning C. Municipal J. Private University D. Township K. Indian Tribe 8. TYPE OF APPLICATION: Q New Q Continuation Q Revision E. Interstate L. Individual If Revision, enter appropriate letter(s) in box(es): El Q F. Intermunicipal M. Profit Organization G. Special District N. Other (Specify): A. Increase Award B. Decrease Award C. Increase Duration D. Decrease Duration Other (specify): 9. NAME OF FEDERAL AGENCY: USDA Forest Service 10. CATALOG OF FEDERAL 1 0 ■ 6 s 4 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: DOMESTIC ASSISTANCE NO. TITLE: Cooperative Forestry Urban Forestry Plan Update, Zoning Ordinance Revision, and More 12. AREAS AFFECTED BY PROJECT (cities, counties, states, etc.) City of Roanoke, Virginia 13. PROPOSED PROJECT: 14. CONGRESSIONAL DISTRICTS OF: Start Date Ending Date a. Applicant b. Project: August 2, 2018 August 1, 2019 6 6 15. ESTIMATED FUNDING: 16. 17. ISAPPLICATIONSUBJECTTORDMNBYSTATEE JO nrJEORDQ212372PROCESS? aYES.INSPREAPPLrATKNAPPLI ATIONVVASMADEAVALABLETOTFE STATED( ECUTNE ORDER 12372 PROCESS FOR REVEWOFt DATE b. NO. Fx] PROGRAM ISNOTCOVEREDBYE0.12M ❑ ORPROGRAM HAS NOTBEENSELECTEDBYSTATE FOR REVEW IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? Yes If "Yes," attached an explanation FX I No a. Federal $ 15,500 .00 b. Applicant $ 16,395 .00 C. State $ 00 d. Local $ .00 e. Other $ 19,312 .00 f. Program Income $ .00 g. TOTAL $ 51,207 .00 18. TO THE BEST OF MY tNIOVW EDGE AND BELIEF, ALL DATA N THIS APPLICATIONPREAPPLK,ATION ARE TRUE AND CORRECT. THE DOCUMENT HAS BEEN DULY AUn4OTiO3)BY71-EG01iE MCBODYOFTFEAPPUCANTANDTHEAPPUCAMT1NLLCONPLYYWTHTHEATTACHEDASSURANCESFTHEASSISTANCEISAWARDED. a. Typed Name of Authorized Representative: b. Title: c. Telephone Number: 540 - 853 -2333 Robert S. Cowell, Jr., City Manager e. Date Signed: d. Signature of Authorized Representative: rievious camons i ,4ot usame Authorized for Local Reproduction Standard Form 424 (REV 7 -97) Prescribed by OMB Circular A -102 OMB Approval No. 0348 -0043 Authorized for Local Reproduction OMB Approval No. 0348 -0043 INSTRUCTIONS FOR THE SF 424 This is a standard form used by applicants as a required face sheet for pre - applications and applications submitted for Federal assistance. It will be used by Federal agencies to obtain applicant certification that States which have established a review and comment procedure in response to Executive Order 12372 and have selected the program to be included in their process, have been given an opportunity to review the applicant's submission. Item: Entry: 1. Self- explanatory. 2. Date application submitted to Federal agency (or State if applicable) & applicant's control number (if applicable). 3. State use only (if applicable). 4. If this application is to continue or revise an existing award, enter present Federal identifier number. If for a new project, leave blank. 5. Legal name of applicant, name of primary organizational unit which will undertake the assistance activity, complete address of the applicant, and name and telephone number of the person to contact on matters related to this application. 6. Enter Employer Identification Number (EIN) as assigned by the Internal Revenue Service. 7. Enter the appropriate letter in the space provided. 8. Check appropriate box and enter appropriate letter(s) in the space(s) provided: --"New" means a new assistance award. — "Continuation" means an extension for an additional funding /budget period for a project with a projected completion date. -- "Revision" means any change in the Federal Government's financial obligation or contingent liability from an existing obligation. 9. Name of Federal agency from which assistance is being requested with this application. 10. Use the Catalog of Federal Domestic Assistance number and title of the program under which assistance is requested. 11. Enter a brief description title of the project. If more than program is involved, you should append an explanation on a separate sheet. If appropriate (e.g., construction or real property projects), attach a map showing project location. For pre - applications, use a separate sheet to provide a summary description of this project. Item Entry 12. List only the largest political entities affected (e.g., State, counties, cities). 13. Self- explanatory, usually filled in already 14. List the applicant's Congressional District and District(s) affected by the program or project. 15. Amount requested or to be contributed during the first funding /budget period by each contributor. Value of in -kind contributions should be included on appropriate lines as applicable. If the action will result in a dollar change to an existing award, indicate only the amount of the change. For decreases, enclose the amounts in parentheses. If both basic and supplemental amounts are included, show breakdown on an attached sheet. For multiple program funding, use totals and show breakdown using same categories as item 15. 16. Applicants should contact the State Single Point of Contact (SPOC) for Federal Executive Order 12372 to determine whether the application is subject to the State intergovernmental review process. 17. This question applies to the applicant organization, not the person who signs as the authorized representative. Categories of debt include delinquent audit disallowances, loans and taxes. 18. To be signed by the authorized representative of the applicant. A copy of the governing body's authorization for you to sign this application as official representative must be on file in the applicant's office. (Certain Federal agencies may require that this authorization be submitted as part of the application.) Authorized for Local Reproduction SF 424 (REV 7 -97) Back OMB Approval No. 0348 -0040 ASSURANCES -- NON - CONSTRUCTION PROGRAMS Note: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the dulv authorized representative of the applicant I certifv that the annlicant: presents the appearance of personal or organizational conflict of interest, or personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§ 4728 -4763) relating to prescribed standards for merit systems for programs funded under one of the nineteen statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a)Title VI of the Civil Rights Act of 1964 (P.L. 88 -352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681- 1683, and 1685 - 1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 - 6107), which prohibits discrimination on the basis of age; Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 961 -646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. Will comply with the provisions of the Health Act (5 U.S.C. §§ 1501 -1508 and 7324 -7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with State funds. 9. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. §§ 276a to 276a -7), the Copeland Act (40 U.S.C. § 276c and 18 U.S.C. §§ 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327 -333), regarding labor standards for federally assisted construction subagreements. 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93 -234) which Standard Form 424B (7 -97) Prescribed by OMB Circular A -102 Authorized for Local Reproduction (e) the Drug Abuse Office and Treatment Act of 1972 1. Has the legal authority to apply for Federal assistance, (P.L. 92 -255), as amended, relating to nondiscrimination and the institutional, managerial and financial capability on the basis of drug abuse; (f) the Comprehensive (including funds sufficient to pay the non - Federal share Alcohol Abuse and Alcoholism Prevention, Treatment of project costs) to ensure proper planning, management and Rehabilitation Act of 1970 (P.L. 91 -616), as and completion of the project described in this amended, relating to nondiscrimination on the basis of application. alcohol abuse or alcoholism; (g) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 -dd -3 2. Will give the awarding agency, the Comptroller General and 290 ee -3), as amended, relating to confidentiality of of the United States, and if appropriate, the State, alcohol and drug abuse patient records; (h) Title VIII of through any authorized representative, access to and the the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), right to examine all records, books, papers, or documents as amended, relating to nondiscrimination in the sale, related to the award; and will establish a proper rental or financing of housing; (1) any other accounting system in accordance with generally accepted nondiscrimination provisions in the specific statute(s) accounting standards or agency directives. under which application for Federal assistance is being made; and 0) the requirements of any other 3. Will establish safeguards to prohibit employees from nondiscrimination statute(s) which may apply to the using their positions for a purpose that constitutes or application. presents the appearance of personal or organizational conflict of interest, or personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§ 4728 -4763) relating to prescribed standards for merit systems for programs funded under one of the nineteen statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a)Title VI of the Civil Rights Act of 1964 (P.L. 88 -352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681- 1683, and 1685 - 1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 - 6107), which prohibits discrimination on the basis of age; Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 961 -646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. Will comply with the provisions of the Health Act (5 U.S.C. §§ 1501 -1508 and 7324 -7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with State funds. 9. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. §§ 276a to 276a -7), the Copeland Act (40 U.S.C. § 276c and 18 U.S.C. §§ 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327 -333), regarding labor standards for federally assisted construction subagreements. 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93 -234) which Standard Form 424B (7 -97) Prescribed by OMB Circular A -102 Authorized for Local Reproduction requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition of $10,000 or more. H. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91- 190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et seq.); (f) conformity of Federal actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clear Air Act of 1955, as amended (42 U.S.C. § 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93 -523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended, (P.L. 93 -205). 12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and protection of historic properties), and the Archeological and Historic Preservation Act of 1974 (16 U.S.C. 469a -1 et seq.). 14. Will comply with P.L. 93 -348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89 -544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 16. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4801 et seq.) which prohibits the use of lead based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act of 1984. 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations and policies governing this program. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE City Manager APPLICANT ORGANIZATION DATE SUBMITTED City of Roanoke, Virginia SF 424B (7 -97) Back U.S. DEPARTMENT OF AGRICULTURE Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 7 CFR Part 3017, Section 3017.510, Participants' responsibilities. The regulations were published as Part IV of the January 30, 1989, Federal Register (pages 4722 - 4733). Copies of the regulations may be obtained by contacting the Department of Agriculture agency offering the proposed covered transaction. (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON NEXT PAGE) (1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) have not within a three -year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or Local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph (1) (b) of this certification; and (d) have not within a three -year period preceding this application /proposal had one or more public transactions (Federal, State or Local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. City of Roanoke, Virginia 18UCF06 Organization Name PR/Award Number of Project Name Robert S. Cowell, Jr., City Manager Name and Title of Authorized Representative Signature Date Form AD -1047 (1/92) INSTRUCTIONS FOR CERTIFICATION 1. By signing and submitting this form, the prospective primary participant is providing the certification set out on the reverse side in accordance with these instructions. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out on this form. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in the transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 4. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 6. The prospective primary participant agrees by submitting this form that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 7. The prospective primary participant further agrees by submitting this form that it will include the clause title "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Form AD-1047 (1/92) OMB APPROVAL NO. 0991 -0002 U.S. DEPARTMENT OF AGRICULTURE CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENTS (GRANTS) ALTERNATIVE I - FOR GRANTEES OTHER THAN INDIVIDUALS This certification is required by the regulations implementing Sections 5151 -5160, of the Drug -Free Workplace Act of 1988 (Pub. L. 100 -690, Title V, Subtitle D; 41 U.S.C. 701 et seq.), 7 CFR Part 3017, Subpart F, Section 3017.600, Purpose. The January 31, 1989, regulations were amended and published as Part 11 of the MAY 25, 1990, Federal Register (pages 21681- 21691). Copies of the regulations may be obtained by contacting the Department of Agriculture agency offering the grant. (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE) Alternative I A. The grantee certifies that it will or will continue to provide a drug -free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an ongoing drug -free awareness program to inform employees about -- (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a): (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will -- (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notify the agency in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position, title, to every grant officer on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (f). 1 -1 Form AD -1049 (REV 5/90) Microsoft Word 2000 B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, State, zip code) 1802 Courtland Rd. Roanoke, VA 24012 Check E] if there are workplaces on file that are not identified here. City of Roanoke, Virginia 18UCF06 Organization Name Award Number or Project Name Robert S. Cowell, Jr., City Manager Name and Title of Authorized Representative Signature Date Instructions for Certification 1. By signing and submitting this form, the grantee is providing the certification set out on pages 1 and 2. 2. The certification set out on pages 1 and 2 is a material representation of fact upon which reliance is placed when the agency awards the grant. If it is later determined that the grantee knowingly rendered a false certification, or otherwise violates the requirements of the Drug -Free Workplace Act, the agency, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug -Free Workplace Act. 3. Workplaces under grants, for grantees other than individuals, need not be identified on the certification. If know, they may be identified in the grant application. If the grantee does not identify the workplaces at the time of application, or upon award, if there is no application, the grantee must keep the identity of the workplace(s) on file in its office and make the information available for Federal inspection. Failure to identify all known workplaces constitutes a violation of the grantee's drug -free workplace requirements. 4. Workplace identifications must include the actual address of buildings (or parts of buildings) or other sites where work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles of a mass transit authority or State highway department while in operation, State employees in each local unemployment office, performers in concert halls or radio studios). 5. If the workplace identified to the agency changes during the performance of the grant, the grantee shall inform the agency of the change(s), if it previously identified the workplaces in question (see paragraph three). 6. Definitions of terms in the Nonprocurement Suspension and Debarment common rule and Drug -Free Workplace common rule apply to this certification. Grantees' attention is called, in particular, to the following definitions from these rules: "Controlled substance" means a controlled substance in Schedules I through V of the Controlled Substances Act (21 U.S.C. 812) and as further defined by regulation (21 CFR 1308.11 through 1308.15); "Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes; "Criminal drug statute" means a Federal or non - Federal criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance; "Employee" means the employee of a grantee directly engaged in the performance of work under a grant, including: (i) all "direct charge" employees; (ii) all 'indirect charge" employees unless their impact or involvement is insignificant to the performance of the grant; and, (iii) temporary personnel and consultants who are directly engaged in the performance of work under the grant and who are on the grantee's payroll. This definition does not include workers not on the payroll of the grantee (e.g., volunteers, even if sued to meet a matching requirement; consultants or independent contractors not on the grantee's payroll; or employees of subrecipients or subcontractors in covered workplaces). 1 -2 Form AD -1049 (REV 5/90) Form W -9 Commonwealth of Virginia Request for Taxpayer Identification w Substitute w -9Form Number and Certification'` Revised July 2014 Social Security Number (SSN) Please select the appropriate Taxpayer Identification Number (EIN or SSN) type and enter your 9 digit ID number . The EIN or SSN provided must match the name given X Employer Identification Number (EIN) on the "Legal Name" line to avoid backup withholding. If you do not have a Tax ID number, please reference "Specific Instructions - Section 1." If the account is in more 5 4 6 0 0 1 5 6 9 than one name, provide the name of the individual who is recognized with the IRS as — — — — — — — — — the responsible party. Dunn & Bradstreet Universal Numbering System (DUNS) (see instructions) Legal Name: City of Roanoke, Virginia Business Name: City of Roanoke, Virginia 0 0 6 7 0 4 3 1 6 — — — — — — — — — Entity Type Entity Classification Exemptions (see instructions) C C ❑ Individual ❑ Corporation ❑ Professional Services ❑ Medical Services Exempt payee code M (if any): 3 1+_ ❑Sole Proprietorship ❑ S- Corporation ❑ Political Subdivision =❑ Legal Services C a,�.-.. (from backup withholding) ❑ Partnership ❑ C- Corporation ❑Real Estate Agent ? ❑ Joint Venture L ❑ Trust 1 ❑ Disregarded Entity � VA Local Government ! ❑Tax Exempt Organization Exemption from FATCA reporting CL X code (if any): ❑ Estate ❑ Limited Liability Company ❑ Federal Government E ❑ OTH Government Government `❑ Partnership ❑ VA State Agency ❑ Other u H [0 Non - Profit ❑ Corporation Contact Information Legal Address: 215 Church Ave. SW Name: William west Email Address: william.west @roanokeva.gov Room 303 Business Phone: (540) 853 -1994 City: Roanoke State: V A Zip Code: 24011 Remittance Address: 215 Church Ave. SW Fax Number: 540 853 -5451 Mobile Phone: Room 303 City: Roanoke State: VA zip Code: 2401 1 Alternate Phone: Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and _ d 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or c) the IRS has notified me that I am U no longer subject to backup withholding, and W4. 3. 1 am a U.S. citizen or other U.S. person (defined later in general instructions), and The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. et Certification instructions: You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup Q withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual (A retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See instructions titled Certification J Printed Name: robert S. Cowell, Jr. Authorized U.S. Signature: Date: Commonwealth of Virginia Substitute W -9 Form Instructions General Instructions Nonresident alien who becomes a resident alien. You must provide updated information to any Generally, only a nonresident alien individual may Section references are to the Internal Revenue Code use the terms of a tax treaty to reduce or eliminate unless otherwise noted. U.S. tax on certain types of income. However, most (under paragraph 2 of the first protocol) and is tax treaties contain a provision known as a "saving Future developments. The IRS has created a page clause." Exceptions specified in the saving clause on IRS.gov for information about Form W -9, at may permit an exemption from tax to continue for www.irs.gov 1w9. Information about any future certain types of income even after the payee has developments affecting Form W -9 (such as otherwise become a U.S. resident alien for tax legislation enacted after we release it) will be purposes. posted on that page. to provide updated information if you are a C Purpose of Form A person who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, payments made to you in settlement of payment card and third party network transactions, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W -9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income, and 4. Certify that FATCA code(s) entered on this form f If you are a U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement to Form W -9 that specifies the following five items: 1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien. 2. The treaty article addressing the income. 3. The article number (or location) in the tax treaty that contains the saving clause and its exceptions. 4. The type and amount of income that qualifies for the exemption from tax. 5. Sufficient facts to justify the exemption from tax under the terms of the treaty article. Example. Article 20 of the U.S. -China income tax treaty allows an exemption from tax for scholarship income received by a Chinese student temporarily present in the United States. Under U.S. law, this student will become a resident alien for tax purposes if his or her stay in the United States exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S. -China treaty (dated April 30, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States. A payments from fishing boat operators. Real estate transactions are not subject to backup withholding. You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN, make the proper certifications, and report all your taxable interest and dividends on your tax return. Payments you receive will be subject to backup withholding if: 1. You do not furnish your TIN to the requester, 2. You do not certify your TIN when required (see Section 2 Certification — Page 3 for details), 3. The IRS tells the requester that you furnished an incorrect TIN, 4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only), or 5. You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportable interest and dividend accounts opened after 1983 only). Certain payees and payments are exempt from backup withholding. See Exempt payee code on page 3 and the separate Instructions for the Requestor of Form W -9 for more information. What is FATCA reporting? The Foreign Account Tax Compliance Act ( FATCA) requires a participating foreign financial institution to report all United States account holders that are specified United States persons. Certain payees are exempt from FATCA reporting. See Exemption from FATCA reporting code on page 3 and the Instructions for the Requestor of Form W -9 for more information. Updating Your Information (if any) indicating that you are exempt rom the Chinese student who qualifies for this exception You must provide updated information to any FATCA reporting, is correct. Person to whom you claimed to bean exempt (under paragraph 2 of the first protocol) and is Definition of a U.S. person. For federal tax i relying on this exception to claim an exemption payee if you are no longer an exempt payee and purposes, you are considered a U.S. person if you from tax on his or her scholarship or fellowship anticipate receiving reportable payments in the are: income would attach to Form W -9 a statement that future from this person. For example, you may need • An individual who is a U.S. citizen or U.S. resident includes the information described above to to provide updated information if you are a C alien, support that exemption. corporation that elects to be an S corporation, or if • A partnership, corporation, company, or you no longer are tax exempt. In addition, you must association created or organized in the United If you are a nonresident alien or a foreign entity, furnish a new Form W -9 if the name or TIN changes States or under the laws of the United States, give the requester the appropriate completed Form for the account, for example, if the grantor of a • An estate (other than a foreign estate), or W -8 or Form 8233. grantor trust dies. • A domestic trust (as defined in Regulations section What is backup withholding? Persons making Penalties 301.7701 -7). certain payments to you must under certain Foreign person. If you are a foreign person or the conditions withhold and a to the IRS a percentage pay p g Failure to furnish TIN. If you fail to furnish your U.S. branch of a foreign bank that has elected to be o f such payments. This is called "backup P y p correct TIN to a requester, you are subject to a treated as a U.S. person, do not use Form W -9. withholding." Payments that may be subject to penalty of $50 for each such failure unless your Instead, use the appropriate Form W -8 or Form backup withholding include interest, tax-exempt p g P failure is due to reasonable cause and not to willful 8233 (see Publication 515, Withholding of Tax on interest, dividends, broker and barter exchange neglect. Nonresident Aliens and Foreign Entities). transactions, rents, royalties, nonemployee pay, Civil penalty for false information with respect to payments made in settlement of payment card and withholding. If you make a false statement with no third party network transactions, and certain 1 Commonwealth of Virginia Substitute W -9 Form Instructions reasonable basis that results in no backup your ITIN (IRS Individual Taxpayer Identification "doing business as (DBA)" name on the "Business withholding, you are subject to a $500 penalty. Number). Name" line. Criminal penalty for falsifying information. Willfully d. If you are a Sole Proprietor, check the "Social Partnership. A partnership is an entity reflecting a p• p p � Y g falsifying certifications or affirmations may subject Security Number (SSN)" box and enter the SSN of relationship existing between two or more persons p g P you to criminal penalties including fines and /or the sole proprietor. who join to carry on a trade or business. Enter the 1 Y imprisonment. e. If you are a Single- Member LLC that is partnerships entity's name on the "Legal Name" disregarded as an entity, check the "Social Security line. This name should match the name shown on Misuse of TINS. If the requester discloses or uses Number (SSN)" box and enter the member's SSN. the legal document creating the entity. You may TINs in violation of federal law, the requester may Note: If an LLC has one owner, the LLC's default tax enter your business, trade, or "doing business as be subject to civil and criminal penalties. status is "disregarded entity ". If an LLC has two (DBA) name on the "Business Name" line. owners, the LLC's default tax status is "partnership ". Specific Instructions If an LLC has elected to be taxed as a corporation, it Trust. A legal entity that acts as fiduciary, agent or must file IRS Form 2553 (S Corporation) or IRS Form trustee on behalf of a person or business entity for Section 1 - Taxpayer Identification 8832 (C Corporation). the purpose of administration, management and Check the appropriate Tax Identification Number the eventual transfer of assets to a beneficial party. (TIN) type. Enter your EIN /SSN in the space Vendors are requested to enter their Dunn and Enter the name of the legal entity on the "Legal provided. If you are a resident alien and you do not Bradstreet Universal Numbering System (DUNS), if Name" line. have and /or are not eligible to get an SSN, your TIN applicable. See number requirement below. Estate. A separate legal entity created under state is your IRS individual taxpayer identification number Dunn and Bradstreet Universal Numbering System law solely to transfer property from one party to (ITIN). Enter it in the social security number box. If (DUNS) number requirement. The United States another. The entity is separated by law from both you do not have an ITIN, see How to get a TIN Office of Management and Budget (OMB) requires the grantor and the beneficiaries. Enter the name below. all vendors that receive federal rant funds have g of the legal entity on the "Legal Name" line. How to get a TIN. If you do not have a TIN, apply their DUNS number recorded with and for one immediately. To apply for an SSN, get Form subsequently reported to the granting agency. If a Government. The Government of any State, any SS -5, Application for a Social Security Card, from contractor has multiple DUNS numbers the Political Subdivision any State, any Agency or your local Social Security Administration office. Get contractor should provide the primary number Instrumentality ate or of a Political St a St Form W -7, Application for IRS Individual Taxpayer listed with the Federal government's Central t Subdivision of a State. Identification Number, to apply for an ITIN or Form Contractor Registration (CCR) at www.ccr.eov . Any Non - Profit. An organization that is organized and SS -4, Application for Employer Identification entity that does not have a DUNS number can apply operated exclusively for exempt purposes and none Number, to apply for an EIN. You can get Forms W- for one on -line at http: / /www.dnb.com /us/ under of its earnings may inure to any private shareholder 7 and SS -4 from the IRS by calling 1- 800 - TAX -FORM the DNB D -U -N Number Tab. or individual. (1- 800 - 829 -3676) or from the IRS's Internet Web Legal Name. If you are an individual, you must Corporation. A company recognized by law as a Site www.irs.gov. generally enter the name shown on your social single body with its own powers and liabilities, If you do not have a TIN, apply for a TIN security card. However, if you have changed your separate from those of the individual members. immediately, write "Applied For" in the space for last name, for instance, due to marriage without Enter the entity's name on the "Legal Name" line the TIN, sign and date the form, and give it to the informing the Social Security Administration of the and any trade or "doing business as (DBA)" name on requester. For interest and dividend payments, and name change, enter your first name, the last name the "Business Name" line. certain payments made with respect to readily shown on your social security card, and your new S- Corporation. A corporation that is taxed like a tradable instruments, generally you will have 60 last name. If the account is in joint names, list first partnership: a corporation in which five or fewer days to get a TIN and give it to the requester before and then circle the name of the person or entity people own at least half the stock. Enter the you are subject to backup withholding on whose number you enter in Part I of the form. If you entity's name on the "Legal Name" line and any payments. The 60 -day rule does not apply to other are using a name other than that which is listed on trade or "doing business as (DBA)" name on the types of payments. You will be subject to backup a Social Security Card, please enter the legal entity "Business Name" line. withholding on all such payments until you provide name as filed with the IRS. In general, enter the your TIN to the requester. Note: Writing 'Applied name shown on your income tax return. Do not C- Corporation. A business that is taxed as a For "means that you have already applied for a TIN enter a Disregarded Entity Name on this line. separate entity: a business taxed under Subchapter or that you intend to apply for one soon. Business Name. Business, Disregarded Entity, C of the Internal Revenue Code and legally distinct from its owners. Enter the entity's name on the Enter the TIN which coincides with the 'Legal trade, or DBA ( "doing business as ") name. "Legal Name" line and any trade or "doing business Name' provided on the form. Entity Type. Select the appropriate entity type. as (DBA)" name on the "Business Name" line. a. If you are an individual, check the "Social Security Number (SSN)" box and enter the SSN. Individual. If you are an individual, you must Limited liability Company (LLC). An LLC with at least b. If you are a Grantor or Revocable Trust, check generally enter the name shown on your income tax two members is classified as a partnership for the "Social Security Number (SSN)" box and enter return. federal income tax purposes unless it files Form the SSN of the Grantor. Sole proprietor. Enter your individual name as 8832 and affirmatively elects to be treated as a c. If you are a Resident Alien, check the "Social shown on your social security card on the "Legal corporation. Enter the name of the partnership or Security Number (SSN)" box and enter your SSN or Name" line. You may enter your business, trade, or corporation. An LLC with only one member is treated as an entity disregarded as separate from its owner for income tax purposes (but as a separate 2 Commonwealth of Virginia Substitute W -9 Form Instructions entity for purposes of employment tax and certain excise taxes), unless it files Form 8832 and affirmatively elects to be treated as a corporation. If you are a single- member LLC (including a foreign LLC with a domestic owner) that is disregarded as an entity separate from its owner, enter the owner's name on the "Legal Name" line. Caution: A disregarded domestic entity that has a foreign owner must use the appropriate Form W -8. Entity Classification. Select the appropriate classification type. Contact Information. Enter your contact information. Enter your Legal Address. Enter your Remittance Address. A Remittance Address is the location in which you or your entity receives business payments. Enter your Business Phone Number. Enter your Mobile Phone Number, if applicable. Enter your Fax Number, if applicable. Enter your Email Address. For clarification on IRS Guidelines, see www.irs.gov. Exemptions If you are exempt from backup withholding and /or FATCA reporting, enter in the Exemptions box, any code(s) that may apply to you. See Exempt payee code and Exemption from FATCA reporting code below. Exempt payee code. Generally, individuals (including sole proprietors) are not exempt from backup withholding. Corporations are exempt from backup withholding for certain payments, such as interest and dividends. Corporations are not exempt from backup withholding for payments made in settlement of payment card or third party network transactions. 6 - A dealer in securities or commodities required to A - An organization exempt from tax under section register in the United States, the District of 501(a) or any individual retirement plan as defined Columbia, or a possession of the United States in section 7701(a)(37) 7 - A futures commission merchant registered with B - The United States or any of its agencies or the Commodity Futures Trading Commission instrumentalities 8 - A real estate investment trust C - A state, the District of Columbia, a possession of 9 - An entity registered at all times during the tax the United States, or any of their political year under the Investment Company Act of 1940 subdivisions or instrumentalities 10- A common trust fund operated by a bank under D - A corporation the stock of which is regularly section 584(a) traded on one or more established securities 11- A financial institution markets, as described in Reg. section 1.1472- 12 - A middleman known in the investment 1(c)(1)(i) community as a nominee or custodian E - A corporation that is a member of the same 13 - A trust exempt from tax under section 664 or expanded affiliated group as a corporation described in section 4947. described in Reg. section 1.1472- 1(c)(1)(i) The following chart shows types of payments that F - A dealer in securities, commodities, or derivative may be exempt from backup withholding. The chart financial instruments (including notional principal applies to the exempt payees listed above, 1 contracts, futures, forwards, and options) that is through 13. registered as such under the laws of the United settlement of payment States or any state card or third party G - A real estate investment trust IF the payment is for... THEN the payment is exempt for. Interest and dividend All exempt payees except for 7 payments shown in Part I should sign (when required). Broker transactions Exempt payees 1 through 4 and 6 Real estate transactions. You must sign the through 11 and all C corporations. not exempt from backup withholding: medical and 5 corporations must not enter an 1- An organization exempt from tax under section exempt payee code because they certification. are exempt only for sales of proceeds paid to an attorney, and payments for noncovered securities acquired section 403(b)(7) if the account satisfies the prior to 2012. Barter exchange Exempt payees 1 through 4 transactions and patronage dividends following codes identif y payees that are exempt Payments over $600 Generally, exempt payees 1 required to be reported through 5' and direct sales over persons submitting this form for accounts $5,000' the United States, or any of their political Payments made in Exempt payees 1 through 4 settlement of payment foreign financial institutions. Therefore, if you are card or third party 4 - A foreign government or any of its political network transactions CVG @doa.virginia.gov Note. If you are exempt from backup withholding, 'See Form 1099 -MISC, Miscellaneous Income, and H - A regulated investment company as defined in section 851 or an entity registered at all times during the tax year under the Investment Company Act of 1940 1 - A common trust fund as defined in section 584(a) J - A bank as defined in section 581 K - A broker L - A trust exempt from tax under section 664 or described in section 4947(a)(1) M - A tax exempt trust under a section 403(b) plan or section 457(g) plan Section 2 - Certification To establish to the paying agent that your TIN is correct, you are not subject to backup withholding, or you are a U.S. person, or resident alien, sign the certification on Form W -9. You are being requested to cian by the Cnmmnnwpalth of Virginia you should still complete this form to avoid possible its instructions. For a joint account, only the person whose TIN is erroneous backup withholding. 2However, the following payments made to a shown in Part I should sign (when required). The following codes identify payees that are exempt corporation and reportable on Form 1099 -MISC are Real estate transactions. You must sign the from backup withholding: not exempt from backup withholding: medical and certification. You may cross out item 2 of the 1- An organization exempt from tax under section health care payments, attorneys' fees, gross certification. S01(a), any IRA, or a custodial account under proceeds paid to an attorney, and payments for section 403(b)(7) if the account satisfies the services paid by a federal executive agency. requirements of section 401(f)(2) Exemption from FATCA reporting code. The 2 - The United States or any of its agencies or following codes identif y payees that are exempt $UbfT115510t1: instrumentalities from reporting under FATCA. These codes apply to Commonwealth Vendor Group 3 - A state, the District of Columbia, a possession of persons submitting this form for accounts Post Office Box 1971 the United States, or any of their political maintained outside of the United States by certain subdivisions, or instrumentalities foreign financial institutions. Therefore, if you are Richmond, VA 23218 -1971 4 - A foreign government or any of its political only submitting this form for an account you hold in CVG @doa.virginia.gov subdivisions, agencies, or instrumentalities the United States, you may leave this field blank. 804.823.2701 (fax) 5 - A corporation Consult with the person requesting this form if you are uncertain if the financial institution is subject to these requirements. 3 Grant Number 18UCF06 Legislative Information As part of our continuing process to inform legislators about the fantastic projects being accomplished in Virginia we need the information below. Please list the Virginia State Senators, Representatives, and US Congressmen and their corresponding District numbers within all Districts affected by your grant. http: / /www.house.gov/ State Representatives District Number http://conview.state.va.us/whosmy.nsf/main?openform Delegate Christopher Head 17 Delegate Sam Rasoul 11 State Senators District Number http://apps.lis.virginia.gov/sfbl/Senate/'relephoneList.aspx Senator John S. Edwards 21 US Senators Senator Timothy Kaine Senator Mark R. Warner US Congressman District Number Congressman Bob Goodlatte 6 G �5 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of September, 2018. No. 41248 - 091718. A RESOLUTION authorizing acceptance of a 2019 Department of Motor Vehicles grant to participate in a multi jurisdictional Driving Under the Influence Task Force to the City from the Commonwealth of Virginia's Department of Motor Vehicles, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts the 2019 DMV Grant to maintain two (2) additional officers to be deployed throughout the Roanoke Valley multi - jurisdictional DUI Task Force, in the amount of $167,375. This grant, which requires a $83,688 in -kind match, consisting of administrative support (in- direct costs) to support the task force officer positions, in- service training, as well as fuel and maintenance of the vehicles, is more particularly described in the City Council Agenda Report dated September 17, 2018. 2. The City Manager is authorized to execute, and file, on behalf of the City, all other necessary documents required to accept the grant. All such documents shall be approved as to form by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required by the Commonwealth of Virginia, Department of Motor Vehicles, in connection with the City's acceptance of this grant. R -DMV DUI Task Force Grant 2019 9.17.18.doc ATTE T: City Clerk c 11� IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of September, 2018. No. 41249 - 091718. AN ORDINANCE to appropriate funding from the U.S. National Highway Traffic Safety Administration through the Commonwealth of Virginia Department of Motor Vehicles for a Driving Under the Influence Task Force grant, amending and reordaining certain sections of the 2018 -2019 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 2018 -2019 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Regular Employee Salaries 35- 640 - 3912 -1002 $ 99,410 Overtime Wages 35- 640 - 3912 -1003 13,934 Career Enhancement Program 35- 640 - 3912 -1012 2,485 Community Policing Program 35- 640 - 3912 -1017 1,988 City Retirement 35- 640 - 3912 -1105 17,773 FICA 35- 640 - 3912 -1120 9,013 Medical Insurance 35- 640 - 3912 -1125 14,722 Dental Insurance 35- 640 - 3912 -1126 689 Life Insurance 35- 640 - 3912 -1130 1,225 Disability Insurance 35- 640 - 3912 -1131 136 Telephone - Cellular 35- 640 - 3912 -2021 1,200 Expendable Equipment 35- 640 - 3912 -2035 500 Training and Development 35- 640 - 3912 -2044 2,000 Wearing Apparel 35- 640 - 3912 -2064 500 Technology Maintenance 35- 640 - 3912 -2555 1,800 Revenues DMV DUI Task Force FY19 35- 640 - 3912 -3912 167,375 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 ' tTrl City Clerk. CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council ` Meeting: September 17, 2018 Subject: 2019 Department of Motor Vehicles (DMV) Traffic Safety (Roanoke City DUI Task Force - Roanoke Valley) Grant Background: The Virginia DMV is the administering agency for pass- through funds provided by the United States Department of Transportation for highway safety projects in Virginia. The Virginia DMV offers these funds to successful applicants for activities which improve highway safety in Virginia. The police department regularly applies for grant funding under this program. The police department has been awarded $167,375 in funding to be used for traffic enforcement targeting alcohol impaired drivers. This funding will allow the Roanoke Police Department to fund two full time DUI Task Force Officers, overtime traffic enforcement operations, all necessary equipment and send officers to traffic safety training. There is a required 25% in -kind match of $41,844 associated with this award that will be satisfied through the police department's expenditure on motor fuel and vehicle operation. Recommended Action: Accept the 2019 DMV Traffic Safety (Roanoke City DUI Task Force - Roanoke Valley) Grant described above and authorize the City Manager to execute the grant agreement and any related documents; all such documents to be approved as to form by the City Attorney. Adopt the accompanying budget ordinance to establish a revenue estimate in the amount of $167,375 and appropriate funding in the same amounts into accounts to be established by the Director of Finance in the Grant Fund. Robert S. Cowell, .J r. City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager Amelia C. Merchant, Director of Finance Timothy S. hones, Chief of Police ' '' -- 0 M . HIGHWAY SAFETY GRANT AGREEMENT Purnnom� Virginia's Highway Safety Program Subrecipients use this form to certify and assure that they will fully comply with all terms of the Highway Safety Grant Agreement mm*uoNvns: Subrecipients must read the contract, complete all appicable information on the first and last page, initial the subsequent pages, and return all pages m the Department of Motor Vehicles. This Highway Safety Grant Agreement is entered into between the Virginia Department of Motor Vehicles (hereinafter Broad Street, Richmond V!rqinia 23220, and the fol mubmciplent: — podera/Award Identification Number (FAIN)' __1 __- - - � ---- ' ' ' Assistance Listings Name: Alcohol Open Container Requirements Period of Performance: Source of funds obligated to this award: From October / 2018 the date the Highway Safety Grant U.S. Department cxTransportation | / National H G�� Administration � � -`'�~~~' ^'~~''�"=','w""""e''�"x""'=�v"'ce 'r����! /ramc��a����in.�,ahonn«*T34) y^mohever|s|a��through September 30 2019 Allow 2 days for �---- ---- ------ --- ~ '- - ^~'^~~~'',~~'~'~~~~===ea="". FINAL Date nrAward Letter from m*TSA: September 3V2o10 | VOUCHER roDUE ON OR | BEFORE m |�2m19- ^ ' !n performing its responsibilities under this Highway Safety Grant Agreement the S,bmmipien1 certifies and assures that it will fully comply with the following: ^/pplicable Department regulations and policies and State and Federa>law$, regulations, and policies ~Statement of Work and Special Conditions and an Approved Budget, included with this Highway Safety Grant Agreement • General Terms and Conditions, also included with tNs Highway Safety Grant Agreement Subrec pent's signature below indicates that the Subrecipient has read, understands and agrees to fully comply with all terms and conditions o[ this Highway Safety Grant Agreement without alteration. This Highway Safety Grant Agreement (hereinafter 'Grant 4greemen/), oonsisUngor this cortificaUon. the attached Statement n[ Work and Special CondiUons �eunachedGeneral Terms anuCoou'Uons.maanaohadPn4aotBvdget.�eSvbn,oipienropmposa|and�e/exe,awammg�` grant (o the 8ubmcin.ent constitutes the entire agreement between the Department and the Subrecipient, supersedes any prior oral or written agreement between the parties and may mA be modified except by written agreement as provided herein, VVh=,manycon8ioto�sesbex°een terms, 'hefo||ow�g/sm r eo,�o,v�go"mnanono/one�ennnvoreno�h� (1) epp/|nob/eDepaumen- regulations �---d '-|-i i ~~~ except where superseded by Federa! laws, regulations, or policies; (2) applicable State laws, rygulaUqno, and policies, except where superseded byFederal laws .regulations, o, policies; (2) applicable Federal laws, regulations, ondpm( Work and Special Conditions, (5 and (@ Statement ~' '` �8e� ^=� " 'wvc x/��o�open�spmposa�anu���ama=on1 =vv�c�=mcm�ma�ma this does not Include research and development. SIGNATURES OF AUTHORIZED APPROVING OFFICIALS For SubreciDient: For Lieutenant James H. Bnwd l Planning mama and nt�e �,fProjo Director ,'print) — Director, Virginia Highw ay Safety Office (print) ignmun, ---- Date ---- SuhreuipienrsDVNS Number 1115173270000 Does your locaiitylegal entity expend $750,000 or more annually in total federal funds? (check one) X Yes Robert G Cowell Jr City Mananer ame and Ttle of Authorized Approving Official (print) O N Q II +r°n d 1 p CI FL 7�» ; tD ON m 5 i Ot Si I M m' 'O D� O G LT' O > C O w CL m m M m m M m -I 10-0 •0 -p -D M 3 3 3 3 �' -m-n o 0 :1, ° ° 'p to m = m = M � m m .o H,' � m Z) � � m •Z 'r N O T O O .�- --I O O O O yNy A CL O N to t0 NJ 0 '. W M c" m O p O O O 0 0 K Cl m m o D a�i w �^oim 0 v, � O: p° m ioi w no n C r a ', E a COD r Co 0- o m Mm a O� m y CD 4 e pT a= r m 'J M o ° m ° � m-, o��03m ''� CD (Dm LLD o� £L3 —°<o o'r I �o 3 Q O O Cpli S pp O tO m Q CD 4 H �^ -.T 7_ dl O� q A X !� N W O O O O a d 3 C10 ma3 m m n gg cN m m m m my 'O v ^_R 3QnN -nm iCD 3 m O o 9 0 0 �, D' y cuD o m (OD n (A n d mryC rn O° @ mv' m !7d m D' m CD < ° m a O 3 f C ;C aw<10 U3D m N t� O S - mw N O I g 7. .n � -„�.o a_i ja C m � CD N g m m 0' O N m �m m { dl is • O S m m ... m O LM m� m' ttI, s N N 303 N m a N Rl Dt 4 pDt CD N o 00, v o _+ cn 3 a o - m 3 °o m 3 m p m ? �. j 0 �0 4 a CL m 3 m0 0 r N to Q_ 7 T $ WD 3 to CD C! O N Q II +r°n d 1 p CI FL 7�» ; tD ON m 5 i Ot Si I M m' 'O D� O G LT' O > C O w CL m m m W W W � clo "'I W co co p[] CS O 01 O (� O O O Cl O O O O O O O O yNy A O O N 0 '. W m O p O O O 0 0 O Cl o° r CD 4 p CA W RN O 'J O N . O N p O O O Cpli S pp O t!] COti pp O p O O 4 O O O O O O p O N Q II +r°n d 1 p CI FL 7�» ; tD ON m 5 i Ot Si I M m' 'O D� O G LT' O > C O w CL m m m W W W � Q C D G) N O GO isamz�wmxa/oo`a STATEMENT oFWORK AND SPECIAL CONDITIONS Sub Recipient: _RQZaake�.. Project Number: c �OS Eements The goals and sp�', tic Programelei`ents A t�-es����/� s/ammuo�o�euas�ern��mmN-sSxa�men,|VVmka,d�peoa/Cmndnuns ALCOHOL STATEWIDE GOAL: Decrease alcohol impaired driving fatalities m percent from the ou1s calendar base year of 220 to 214 by December 31, 20% AGEwcYGOAL: Return alcohol related fatal crashes to 2 by the end of Cy2019. Reduce alcohol related serious crashes from 44 in CY2016 to 35 in CY2019. TASK U0:1 TASK DESCRIPTION: DUI Task Force Staff PERFORMANCE GOALS: ° Staff aMu|ti1vrsd'miona| DUI Task Force toinclude: " 2 full time Police Officer for DUI Squad assigned solely to patrol for DUI violations and other a|coholrelated traffic violations (from Roanoke Cuunty Town o[V/mon Roanoke City andSa|emCxy) ' ESTIMATED COMPLETION DATE: R3O2O19 TASK ID: 2 TASK DESCRIPTION: DUI Task Force Equipment PERFORMANCE GOALS: • Maintain equipment and support staff o[ the DUI Task Force " To maintain police vehicle for use byDU/ Task Force member • To maintain equipment for 2 Police Officer as members of the DU, Task Fnre ESTIMATED COMPLETION DATE: 9 30 2019 TASK 10: 3 TASK DESCRIPTION: PERFORMANCE INDICATORS- . ."a°=.w'conomrt alcohol impaired dnwm�*a��gasappmveUUy m/ goozO,g Project Director Daie rssn`zx��mno�oo/� TASK ID. 4 TASK DESCRIPTION: Selective Enforcement Activities PERFORMANCE GOALS: ° ro deploy the DUI Task Force staff across the Roanoke Valley jurisdiction based upon alcohp| neia�dcrash ga�.en0o�emen,data, asxeUasduhngvpeo�| events known for ino�as/nQoh' coanceofimpaieddnve,s = • To conduct individual patrols during high crash risk times and in high risk locations • To conduct checkpoints to increase visibility of enforcement and apprehend alcohol impaired drivers BASED Om ALCOHOL RELATED CRASH DATA (using crash data from VAH3Oorother approved local crash information): 50 percent o| alcohol selective enforcement activities are iobeconducted between the hours o( 3:00pm and 2:59am with special emphasis on the following days of the week: ,e.^^~~"~ Saturday The remaining "_ percent o/ selective enforcement hours may be scheduled during other DMV approved identified high-crash nmeperiods, Enforcement ismbe conducted using data-identified problem locations Zero tolerance (no warnings) for violators during grant-funded work lime ESTIMATED COMPLETION DATE: 9130,2019 TASK |0:5 TASK DESCRIPTION: SuAmxa completed required Progress report each quarter mDMvGrant Monitor byspaofic assigned dates. PERFORMANCE INDICATORS: To submit quarterly progress report documenting activity ESTIM 31 !ned date for ea TASK ID: a TASK DESCRIPTION: DMv grant relaod trainings PERFORMANCE .INDICATORS: /o attend all mandatory oMV grant related mwiningo SiDl"�anvspesmpmgrammaVvmwui,cmens here: eg'h,kVo, Ticket klabmzanonsmus!ba con�oc�edduring aaPec'5ed omepenoddv,ingheg,a-tyear � Tocondmcta mm rmum c, O cheokpmn� aodior 2 individual patrols for (during the ro C�uondun amm,numo/_l__oheukpo/ntsan�u 4ind�idva/ps�o|n�r/hanoandam9 eoxpmntmnkeForoeC*mpa�n Project Director ______ /n*a/ bate--- TSS 0126 (07!4112018) Page 4 HIGHWAY SAFETY GRANT AGREEMENT GENERAL TERMS AND CONDITIONS Purpose and Background. The Department is awarding this grant to support the implementation of highway safety projects by State, local, non - profit, and higher education partnerships. Funds are made available for projects that: (1) support statewide goals; (2) identify problems experienced by High Emphasis Communities, which are jurisdictions with the highest crash severity problem; (3) creatively incorporate alcohol awareness and occupant protection safety; (4) are innovative with potential statewide application or ability to transfer to other jurisdictions; and (5) have statewide significance and address the Federal program areas under 23 USC (United States Code), Chapter 4: Highway Safety and 23 USC 154 (Section 154). 2. Paid Media. Grants consisting of $100,000 or more in paid media funds will be required to perform pre- and post- surveys during the Grant Period. The level of assessment is based on the cost of a paid advertising campaign as follows: A. Level 1, for a paid advertising campaign of up to $100,000: At a minimum, an assessment must measure and document audience exposure to paid advertised messages and the number of airings or print ads devoted to each announcement. The size of the audience needs to be estimated using a source appropriate for the medium used, such as Arbitron or Nielsen ratings for radio and TV. More specifically, all paid advertising for which the State or Subrecipient used 154, 402 and 405 funds must include documentation stating how many paid airings or print ads occurred and the size of the audience reached. include the number of free airings or print ads that occurred and the size of the audience reached. B. Level 2, for a paid advertising campaign greater than $100,000: In addition to providing the above Level 1 documentation, a more extensive assessment is required to measure target audience reaction. One or more of the activities in the following list may be used to assess how the target audience's knowledge, attitude, or actions were affected by the message(s): 1. Mail surveys; 2. Telephone surveys; 3. Focus groups; 4. Mall intercept interviews; 5. Direct mailings; 6. Call -in centers; 7. Newspaper polls; 8. Household interviews; 9. Before and after approach, which compares system status before and after the introduction of the message; and 10. Control region approach, which relates one study site exposed to the message to a similar site that is not exposed to the message. 3. Equipment. Costs for equipment are allowable under specified conditions. Costs for new and replacement equipment with a useful life of more than one year and an acquisition cost of $5,000 or more must be pre- approved before a Subrecipient purchases the equipment. Such approval shall be obtained by the Department from the National Highway Traffic Safety Administration (NHTSA) regional manager in writing, and Subrecipient will be noted by the Department when this approval has been secured. Federal government requirements mandate that the Department maintain an accurate accounting and inventory of all equipment purchased using Federal funds, and Subrecipient shall comply with applicable reporting requirements that may be specified in the Highway Safety Policy and Procedures Manual and amendments thereto. Subrecipient must request advance, written approval from the Department and NHTSA to sell, transfer or dispose of any and all non - expendable equipment purchased in whole or in part with the use of Federal highway safety funds. Disposition of funds from the sale of equipment to another Project Director's Initials TSS 0126 (0710 1/2018) Page 6 Article 1. COMPLIANCE WITH LAWS The Subrecipient shall comply with all Federal, State, and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the performance of the Grant Agreement, including, without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, nondiscrimination laws and regulations, and licensing laws and regulations. When required, the Subrecipient shall furnish the Department with satisfactory proof of its compliance therewith. Article 2. STANDARD ASSURANCES The Subrecipient hereby assures and certifies that it will comply with all applicable laws, regulations, policies, guidelines, and requirements, including 23 USC Chapter 4: Highway Safety; 2 CFR Part 200 and 2 CFR Part 1201; 23 CFR Part 1300; the Federal Highway Safety Grant Funding Guidance (Revised 2013); the Procedures for the Transportation Safety Grants Program and subsequent amendments; and the Guidelines for the Submission of Highway Safety Grant Applications, as they relate to the application, acceptance, and use of Federal or State funds for this project. Also, the Subrecipient assures and certifies that: A. It possesses legal authority to apply for the grant and that a resolution, motion, or similar action has been duly adopted or passed as an official act of the Subrecipient's governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the authorized approving official of the Subrecipient to act in connection with the application and to provide such additional information as may be required. B. It will comply with the Federal Fair Labor Standards Act's minimum wage and overtime requirements for employees performing project work. C. It will comply with all requirements imposed by the Department concerning special requirements of law, program requirements, and other administrative requirements. D. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. E. It will comply with the Virginia State and Local Government Conflict of Interests Act, Va. Code §§ 2.2 -3100 et seq., which defines and prohibits inappropriate conflicts and requires disclosure of economic interests and is applicable to all State and local government officers and employees. F. it will give the Department the access to and the right to examine all records, books, papers, or documents related to the Grant Agreement. G. It will ensure that all public records prepared or owned by, or in the possession of, the applicant relative to this project shalt be open to inspection and copying by any citizens of the Commonwealth during regular office hours in accordance with the provisions of the Virginia Freedom of information Act, Va. Code §§ 2.2 -3700 et seq., unless otherwise specifically provided by law. H. If applicable, it will comply with the provisions of the Virginia Freedom of Information Act, Va. Code §§ 2.2 -3700 et seq., which require all meetings of public bodies to be open and every public body to give notice of its meetings and to record minutes at all open meetings. Article 3. GRANT AWARD COMPENSATION A. The method of payment for the Grant Agreement will be based on actual costs incurred up to and not to exceed the limits specified in the Grant Agreement. The amount stated in the Project Budget will be deemed to be the amount of the award to the Subrecipient. B. Reimbursement for travel costs shall be subject to the requirements and limitations set forth in the State Travel Regulations established by the Virginia Department of Accounts. Project Director's Initials TSS 0128 (0710 1 120 1 8) Page 8 L. When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part with Federal money, including this Grant Agreement, the Subrecipient shall clearly state (1) the percentage of the total cost of the program or project which will be financed with Federal money, and (2) the dollar amount of Federal funds provided for the project or program. Article 4. LIMITATION OF LIABILITY Payment of costs incurred hereunder is contingent upon the availability of appropriated funds. if, at any time during the Grant Period, the Department determines that there is insufficient funding to continue the project, the Department shall so notify the Subrecipient, giving notice of intent to terminate the Grant Agreement, as specified in Article 11, Termination, Article 5. AMENDMENTS AND MODIFICATIONS TO GRANT AGREEMENT The Grant Agreement may be amended prior to its expiration by mutual written consent of both parties, utilizing the Grant Agreement Amendment form designated by the Department. Any amendment must be executed by the parties within the Grant Period specked in the Grant Agreement. Any proposed modifications or amendments to this Grant Agreement as defined in Article 6, Additional Work and Changes in Work, including the waiver of any provisions herein, must be submitted to the Department in writing and approved as herein prescribed prior to Subrecipient's implementation of the proposed modification or amendment. Any alterations, additions, or deletions to the Grant Agreement that are required by changes in Federal or State laws, regulations or directives are automatically incorporated on the date designated by the law, regulation or directive. The Department may unilaterally modify this Grant Agreement to de- obligate funds not obligated by the Subrecipient as of the close of the Grant Period specified in this Grant Agreement. In addition, the Department may de- obligate funds in the event of termination of the Grant Agreement pursuant to Article 11, Termination. Article 6. ADDITIONAL WORK AND CHANGES IN WORK If the Subrecipient is of the opinion that any assigned work is beyond the scope of the Grant Agreement and constitutes additional work, the Subrecipient shall promptly notify the Department in writing. if the Department finds that such work does constitute additional work, the Department shall so advise the Subrecipient and a written amendment to the Grant Agreement will be executed according to Article 5, Amendments and Modifications to Grant Agreement, to provide compensation for doing this work on the same basis as the original work. If performance of the additional work will cause the maximum amount payable to be exceeded, the work will not be performed before a written grant amendment is executed. If the Subrecipient has submitted work in accordance with the terms of the Grant Agreement but the Department requests changes to the completed work or parts thereof which involve changes to the original scope of services or character of work under the Grant Agreement, the Subrecipient shall make such revisions as requested and directed by the Department. This will be considered additional work and will be paid for as specked in this Article. If the Subrecipient submits work that does not comply with the terms of the Grant Agreement, the Department shall instruct the Subrecipient to make such revisions as are necessary to bring the work into compliance with the Grant Agreement. No additional compensation shall be paid for this work. The Subrecipient shall make revisions to the work authorized in the Grant Agreement, which are necessary to correct errors or omissions appearing therein, when required to do so by the Department. No additional compensation shall be paid for this work. The Department shall not be responsible for actions by the Subrecipient or any costs incurred by the Subrecipient relating to additional work not directly associated with or prior to the execution of an amendment. Project Director's Initials TSS 4126 (0710112018) Page 10 Article 11. TERMINATION The Department may terminate the Grant Agreement, in whole or in part, for cause if the Subrecipient fails to fulfill its obligations under the Grant Agreement; fails to comply with any applicable Department policy or procedure or any applicable Federal, State or local law, regulation or policy; or fails to correct a violation of any such law, regulation, policy or procedure. This does not limit any other termination rights that the Department may have under State or Federal laws, regulations or policies. The Grant Agreement shall remain in effect until the Subrecipient has satisfactorily completed all services and obligations described herein and these have been accepted by the Department, unless: A. The Department terminates the Grant Agreement for cause and informs the Subrecipient that the project is terminated immediately; or B. The Department determines that the performance of the project is not in the best interest of the Department and informs the Subrecipient that the project is terminated immediately; or C. The Grant Agreement is terminated in writing with the mutual consent of both parties; or D. There is a written thirty (30) day notice to terminate by either party. The Department shall compensate the Subrecipient for only those eligible expenses incurred during the Grant Period specified in the Grant Agreement which are directly attributable to the completed portion of the work covered by the Grant Agreement, provided that the work has been completed in a manner satisfactory and acceptable to the Department. The Subrecipient shall not incur nor be reimbursed for any new obligations after the effective date of termination. Article 12. SUBCONTRACTS No portion of the work specified in the Grant Agreement shall be subcontracted without the prior written consent of the Department. In the event that the Subrecipient desires to subcontract part of the work specified in the Grant Agreement, the Subrecipient shall fumish the Department the names, qualifications and experience of their proposed subcontractors. For purposes of the Grant Agreement, subcontractor(s) shall include, but are not limited to, recipients of mini grants and parties to cooperative agreements and memoranda of understanding. The Subrecipient, however, shall remain fully responsible for the work to be done by its subcontractor(s) and shall assure compliance with all the requirements of the Grant Agreement. In any agreement entered into with a subcontractor, the Subrecipient shall include or incorporate by reference all language contained in the Statement of Work and Special Conditions and in the General Terms and Conditions portions of this Highway Safety Grant Agreement, and the subcontractor shall agree to be bound by all requirements contained therein. Article 13. NONCOLLUSION The Subrecipient certifies that its grant application was made without collusion or fraud, and it has not conferred on any public employee having official responsibility for the Highway Safety Grant process any loan, gift, favor, service or anything of more than nominal value, present or promised, in connection with its application. If Subrecipient breaches or violates this certification, the Department shall have the right to annul this Grant Agreement without liability. Article 14. SUBRECIPIENT'S RESOURCES The Subrecipient certifies that it presently has adequate qualified personnel in its employment to perform the worts required under the Grant Agreement, or that Subrecipient will be able to obtain such personnel from sources other than the Department. All employees of the Subrecipient shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of the Subrecipient who, in the opinion of the Department, is incompetent or whose conduct becomes detrimental to the project shall immediately be removed from association with the project. Project Director's Initials TSS 0128 (07101/2018) Page 12 3. Federal -Aid Highway Act of 1973, (23 U.S.C. 324 et seg.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.G. 1681 -1683 and 1685 -1686) (prohibit discrimination on the basis of sex); 4. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seg.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27; 5. The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seg.), (prohibits discrimination on the basis of age); 6. The Civil Rights Restoration Act of 1987, (Pub. L. 100 -209), (broadens scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally - funded or not); 7. Titles iI and III of the Americans with Disabilities Act (42 U.S.C. 12131- 12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38; 8. Executive Order 12898, Federal Actions To Address Environmental Justice in Minority Populations and Low - Income Populations (prevents discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low- income populations); and 9. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (guards against Title VI national origin discrimination /discrimination because of limited English proficiency (LEP) by ensuring that funding recipients take reasonable steps to ensure that LEP persons have meaningful access to programs (70 FR at 74087 to 74100). B. The Subrecipient entity — 1. Will take all measures necessary to ensure that no person in the United States shall, on the grounds of race, color, national origin, disability, sex, age, limited English proficiency, or membership in any other class protected by Federal Nondiscrimination Authorities, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any of its programs or activities, so long as any portion of the program Is Federally- assisted. 2. Will administer the program in a manner that reasonably ensures that any of its subrecipients, contractors, subcontractors, and consultants receiving Federal financial assistance under this program will comply with all requirements of the Non - Discrimination Authorities identified in this Assurance; 3. Agrees to comply (and require its subrecipients, contractors, subcontractors, and consultants to comply) with all applicable provisions of law or regulation governing US DOT's or NHTSA's access to records, accounts, documents, information, facilities, and staff, and to cooperate and comply with any program or compliance reviews, and/or complaint investigations conducted by US DOT or NHTSA under any Federal Nondiscrimination Authority; 4. Acknowledges that the United States has a right to seek judicial enforcement with regard to any matter arising under these Non - Discrimination Authorities and this Assurance; 5. Agrees to insert in all contracts and funding agreements with other State or private entities the following clause: Project Director's Initials TSS 0128 (0710 112 0 1 8) Page 14 Article 24. DISADVANTAGED BUSINESS ENTERPRISE It is the policy of the Department and the USDOT that Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, shall have the opportunity to participate in the performance of agreements financed in whole or in part with Federal funds. Consequently, the Disadvantaged Business Enterprise requirements of 49 CFR Part 26, apply to the Grant Agreement as follows- A. The Subrecipient agrees to ensure that Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, have the opportunity to participate in the performance of agreements and subcontracts financed in whole or in part with Federal funds. In this regard, the Subrecipient shall make good faith efforts, in accordance with 49 CFR Part 26, to ensure that Disadvantaged Business Enterprises have the opportunity to compete for and perform agreements and subcontracts. B. The Subrecipient and any subcontractor shall not discriminate on the basis of race, color, national origin, sex, disability, or age in the award and performance of agreements funded in whole or in part with Federal funds. These requirements shall be included in any subcontract or sub agreement. Failure to comply with the requirements set forth above shall constitute a breach of the Grant Agreement and, after the notification by the Department, may result in termination of the Grant Agreement by the Department or other such remedy as the Department deems appropriate. Article 25. DEBARMENT AND SUSPENSION A. The Subrecipient certifies, to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any State or Federal department or agency or otherwise excluded by any Federal or State department or agency; 2. Have not within a three (3) year period preceding this Grant Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, State, or local transaction or contract under a public transaction; violation of Federal or State antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted or otherwise criminally or civilly charged by a Federal, State, or local governmental entity with commission of any of the offenses enumerated in paragraph A. 2, of this Articie; and 4. Have not, within a three (3) year period preceding this Grant Agreement, had one or more Federal, State, or local transactions terminated for cause or default. B. Where the Subrecipient is unable to certify to any of the statements in this Article, such Subrecipient shall attach an explanation to the Grant Agreement. C. The Subrecipient is prohibited from making any subcontract or sub -award or permitting any subcontract or sub -award to any party that does not certify to the Subrecipient that such party meets the requirements set forth in Section A., Items 1-4 of this Article. When requested by the Department, Subrecipient shall furnish a copy of such certification. D, The Subrecipient shall require any party to a subcontract or purchase order awarded under the Grant Agreement to certify its eligibility to receive Federal grant funds, and, when requested by the Department, to furnish a copy of the certification. E. The Subrecipient shall provide immediate written notice to the Department if at any time the Subrecipient learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. F. The Subrecipient agrees to comply with the requirements of 2 CFR Parts 180 and 1200. Project Director's Initials i W9 acting for such Subrecipient related to any activity designed to influence legislation or appropriations pending before the Virginia General Assembly. Article 29. INTERPRETATION AND ENFORCEABILITY In the event any terms or provisions of this Grant Agreement are breached by either party or in the event that a dispute may arise between the parties regarding the meaning, requirements, or interpretation of any terms and provisions contained in this Grant Agreement, then such breach or dispute shall be resolved pursuant to the terms of this Grant Agreement and the remedies available under the Code of Virginia. If the Subrecipient is not a government entity, in the event the Department must initiate proceedings to enforce the terms and conditions of this Grant Agreement or seek redress for damages caused by Subrecipient's breach of this Grant Agreement, the Department shall be entitled to recover all costs including, without limitation, court costs and attorney fees, incurred in such proceedings. Article 30. ADDITIONAL PROVISIONS A. Signature Authorized. The Subrecipient's authorized approving official, signing the certification page of the Grant Agreement, has the legal authority to apply for Federal Assistance and has the institutional, managerial, and financial capability (including funds sufficient to pay the non - Federal share of project costs) to ensure proper planning, management and completion of the project described in this application. B. Headings. The captions and headings used in this Grant Agreement are intended for convenience only and shall not be used for purposes of construction or interpretation. C. Notice All notices, requests and demands shall be directed as follows: To the Department: Virginia Department of Motor Vehicles ATTENTION: Director, Virginia Highway Safety Office Post Office Box 27412 Richmond, Virginia 23269 -0001 To Subrecipient: Any notice, unless otherwise specified herein, will be deemed to have been given on the date such notice is personally delivered or is deposited in the United States certified mail, return receipt requested, properly addressed and with postage prepaid. Project Director's Initials Rart"ke Regan August, 2018 Roanoke City Alcohol Crash Statistics Available Crash Data - Calendar Year 2014 2015 2016 2017 All Crashes 1976 1928 1301 1017 Fatal Crashes 7 2 9 12 Serious Injury Crashes 45 58 44 50 All Injury Crashes 470 423 318 294 Alcohol Crashes 131 115 66 71 Alcohol Fatal Crashes 6 2 6 6 6:00pm- 8:s9pm Highest Time Period(s) Midnight - 2:59am Midnight - 2:59am 6:00pm- 8:59pm 6:00pm- 8:59pm (66 %) (t00%) (67%) (60%) Highest Day(s) Monday Saturday , Sunday Friday - Thursday Sunday ° Wednesday (33%) (100 %) (66 %) (66 %) Highest Month(s) July January • March February April . December (33 %) (toe%) (50 %) (34%) Alcohol Serious Injury Crashes 6:00pm- 8:59pm Highest Time Period(s) Midnight - 2:59am Midnight - 2:59am 6:00pm- 8:59pm 6:00pm- 8:59pm (56 %) 133 %) 160 %) (33 %) Highest Day(s) Saturday Monday Saturday , Wednesday Monday, Saturday (43%) (33 %) (ee%) ( " %) Highest Month(s) April, August December February . July May , October (25 %) (27%) (40 %) (44 %) Alcohol Injury Crashes 41 35 20 24 8.00pm- 8:59pm Highest Time Period(s) Midnight - 2:59sm Midnight - 2:59am 9:00pm- 11:59pm 6:Dopm- 8:59pm 144%) (29 %) (60%) (33%) Highest Day(s) Saturday Sunday Saturday Saturday 124%) (23 %) (45%) (33%4 Highest Monih(s) September June February • July June (15%) (20%) (30 %) (21%) e Alcahnl Fatal fnterstatc Crashes • .A)coltol Senaus lnjury Interstate Crashes The hluc uradirnt rcVnc t, she dcn: is orail alwhol'Tashes • Alco60 rainl Non- imarsratc Crashes 0 Alcohol Serious Injury Non -inresstatc Crashes VU vIRGINU 71CN 7An pon x a tvcrad Di ihr Crs+c, rw c �W tarot„�,o� rne�ro� Roanoke Region Roanoke City Alcohol Crash Statistics Repro of ( ashes jnr.1unuurr I" -June 3(1h 44 August, 20113 Available Crash Data - Partial Year 2015 2016 2017 2018' All Crashes 935 641 458 425 Fatal Crashes 2 5 7 2 Serious Injury Crashes 22 25 23 25 All Injury Crashes 189 192 129 117 Alcohol Crashes 60 44 42 34 Alcohol Fatal Crashes 2 4 4 Highest Time Period(s) Midnight - 2:59am 6:00pm- 8:59pm 6:00pm- 8:59pm No (100%) (75%) ISO %) Alcohol Highest Da (s) Day(s) Saturday , Sunday Friday Wednesday Fatalities (100%) 160%) (om) Highest Month(s) January = March February April � February (100%) (75%) (SO%) Alcohol Serious Injury Crashes 3:00pm- 5:59pm Highest Time Period(s) Midnight - 2:59am 6:00pm- 8:69pm 6:OOpm- 8:59pm 9:00pm • 11:59pm (40%) (67%) (60%) ("1 Highest Day(s) Monday Saturday, Thursday Monday • Saturday Sunday (e0%) (66 %) (loox) (60x) Highest Month(s) May February - March May April 140%) lee %) (50%) 140%) Alcohol Injury Crashes 19 12 13 13 6:00pm- 8:59pm Highest Time Period(s) Midnight - 2:59am 6:00pm- 8:59pm Midnight - 2:69am 9:00pm - 11:59pm (5I%) (33%) 13a%! (38 %) Highest Day(s) Sunday Saturday Saturday Sunday (26 %) (50%) (46 %) 138 %) Highest Month(s) June February , March June January (37%) (SO%) (38 %) (31%) s Alcohol Srnous Infun Intcrsmaic Crashcs •,alcohol Senous Injur) Non- imcmatc Crashcs � cH The biuc gradimt icVrrscn.s the den " s} - o?all aicotwl crashes Thu In nu g,. W h uc ' nis straw ccomrs prchm mat, data cswsr ta, ca <v..l traansaron Tahmbas Department of Motor Vehicles Grant Budget Lines Date Run: 07 -SEP -2018 j154AL -2019 - 59057 - 9057 - Roanoke City PM: Steven Williams Project Director Initials Date Individual Cost Total Cost Fed Fund Amount Matching Funds Category Line Item Desc Qty Personnel Overtime. (Includes regular overtime and court overtime pay.) $5,000 per employee. 2 5,000.00 10,000.00 10,000.00 0.00 This OT includes FICA. _ Personnel DUI Task Force Officers. Each Task Force Officers is a 2080 hour employee of the 2 49,704.93 99,409.86 99,410.00 0.00 !i City of Roanoke. The salary estimate is based upon comparison among tenured officers. Personnel Dispatcher overtime to support task force operations. This estimate includes FICA 1 5,000.00 5,000.00 5,000.00 0.00 related to overtime. Personnel Fringe Fringe benefits for DUI TFO (FICA, Insurance, Retirement, Disability, 401 H, Career 2 23 482.44 46,964.88 46,965.00 0.00 Benefits Enhancement Community Policing Specialisto Training/ Travel DUI TFO training and travel to attend various conferences and training classes. 2 1,000.00 2,000.00 2,000.00 0.00 $1,000 per TFO. Estimate from GSA training ex erience Equipment Cellular telephones for TFOs. $50 per month for 12 months per officer. 2 600.00 1,200.00 1,200.00 0.00 Equipment Aircards for Mobile Data Terminals. Enables connectivity. $45 per month for 12 2 540.00 1,080.00 1,080 00 0.00 months per vehicle.__ Equipment Licenses for Netmotion. $360 per vehicle per year. 2 360.00 720.00 720.00 0.00 Equipment General uniform repair and replacement costs. 2 250.00 500.00 500.00 0.00' Equipment consumable equipment f t force or (PBT Mouthpieces road 2 250.00 500.00 500.00 0.00 — flareseovhand esvetc�es — - Matching Funds Match Funding (25 %) 1 41,844.00 41,844.00 0.00 41,844.00 Totals 209,218.74 167,375.00 41,844.00 G�rS IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of September, 2018. No. 41250- 091718. A RESOLUTION authorizing the acceptance of the 2019 Department of Motor Vehicles Traffic Safety (Selective Enforcement - Alcohol) Grant to the City from the Virginia Department of Motor Vehicles, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts the 2019 Department of Motor Vehicles Traffic Safety (Selective Enforcement - Alcohol) Grant in the amount of $30,944, to be used for traffic enforcement targeting alcohol impaired drivers. This grant, which requires a $15,472 in- kind match and includes a voluntary cash match of $2,062 by the City, is more particularly described in the City Council Agenda Report dated September 17, 2018. 2. The City Manager is hereby authorized to execute and file, on behalf of the City, any documents setting forth the conditions of the grant in a form approved by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required by the Virginia Department of Motor Vehicles, in connection with the application and acceptance of the foregoing grant. ATTEST: 4 a*U.v OM 0 AA1001 City Clerk R -DMV Traffic Safety (Selective Enforcement - Alcohol) Grant 2019 9.17.18.doc V Y�b ' IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of September, 2018. No. 41251 - 091718. AN ORDINANCE to appropriate funding from the U.S. Department of Transportation through the Commonwealth of Virginia Department of Motor Vehicles for an alcohol enforcement traffic safety grant, amending and reordaining certain sections of the 2018 -2019 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 2018 -2019 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Overtime Wages FICA Training and Development Revenues DMV Alcohol Enforcement FY19 - Grant DMV Alcohol Enforcement FY19 - Local 35- 640 - 3906 -1003 $ 26,944 35- 640 - 3906 -1120 2,062 35- 640 - 3906 -2044 4,000 35- 640 - 3906 -3906 30,944 35- 640 - 3906 -3907 2,062 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: 4.0� City Clerk. CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: September 17, 2018 Subject: 2019 Department of Motor Vehicles (DMV) Traffic Safety (Selective Enforcement - Alcohol) Grant Background: The Virginia DMV is the administering agency for pass- through funds provided by the United States Department of Transportation for highway safety projects in Virginia. The Virginia DMV offers these funds to successful applicants for activities which improve highway safety in Virginia. The police department regularly applies for grant funding under this program. The police department has been awarded $30,944 in funding to be used for traffic enforcement targeting alcohol impaired drivers. This funding will allow the Roanoke Police Department to fund overtime traffic enforcement and send officers to traffic safety training. There is a required 50% in -kind match of $15,472 associated with this award that will be satisfied through the police department's expenditure on motor fuel and vehicle operation. The grant specifically prohibits FICA related to overtime therefore this related necessary expense will be included as a voluntary cash match of $2,062. Recommended Action: Accept the 2019 DMV Traffic Safety (Selective Enforcement - Alcohol) Grant described above and authorize the City Manager to execute the grant agreement and any related documents; all such documents to be approved as to form by the City Attorney. Adopt the accompanying budget ordinance to establish a revenue estimate in the amount of $33,006 consisting of $30,944 in grant revenue and $2,062 in a cash match to be transferred from the grant match account and appropriate funding in the same amount into accounts to be established by the Director of Finance in the Gra nd. --------------------------- Robert S. Cowell, fir. City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager Amelia C. Merchant, Director of Finance Timothy S. Jones, Chief of Police =w="m, '­ °` HIGHW#�'SAFETY ��RANTAGREEMENT P 13�x 274 12 �"` R 12emc. Purpose Virginia's Highway Safety Program Subrecipients use this form to certify and assure that they will fully comply with all terms of the Highway Safety Grant Agreement Instructions Subrecipients must read the contract, complete all applicable information on the first and last page, initial the subsequent pages, and return eV pages ho the Department of Motor Vehicles. This Highway Safety Grant Ag l t is entered into between the Virginia Department of Moto Vehicles (hereinafter 'DepA 2300 West Broad Street, Richmond, _Virginia 23220, and the followinn, Federal Award Identification Number (FAIN): Project Title: Selective Enforcement - Alcohol Project Number: M60T-2019-59380-9380 Assistance Listings #: 20 616 Grant Award Amount: S 30,944.00 Assistance Listings Name: National Priority Safety Programs Period nfPerformance: } Source offunds obligated tothis award: From October 1, 2018, or the date the Highway Safety Grant I U.S. Department of Transportation Agreement is signed by the Director, Virginia Highway Safety Office National Highway Traffic Safety Administration (NHTSA) (whichever is later) through September 30, 2019 Allow 21 days for the Department to complete its review and signature, FINAL Date of Award Letter from NHTSA: September 30, 2018 2019,­­­ In performing its responsibilites under this Hghway3afi�,ty Grant Agreement the Subrecipient certifies and assures that b will fully comply w'th the following ^ AppcaWe Department regulations and pohcies and State and Federal {awa.ngulatinns.aodpuUcips - Statement of Work and Special Conditions and anAppooved Budget, included with this Highway Safety Grant Agreement ^ Genera� Terms and Conditions also /n,,-,,Iuded with this Highway Safety Grant Agreement ' Suhec/pien[nnignatue below indicates that the Subecpiep has read, understands and agrees m fully comply with all terms and conditions of this Highway Safety This Highway Agreement (hereinafter "Grant Agreement). cons'Sting of this certification, the attaQhed Statement of Work and Special Conditions, the attached General Terms and Conditions, the attached Project Budget, the Subrecipient's proposal and the letter awarding the grant to the Subrecipient nonmVtu(eodhaanU,l-egeennentbe8weenUheDmpa8meniandtheSubnycipiani.supersegasanyphorona|orwhttonayeemeni between the parties and may not be modified except by written agreement as provided herein. Where any conflict arises between terms, the following .s the order of governance of one term over another. <1> applicable Department regulations and policies, except where superseded by Federal laws, regulations, or policies; {2}applicable State laws, regulations, and policies, except where superseded by Federa| }aws, regulations, or policies; (3) applicable Federal laws, regulations, and policies, (4) Statement of Work and Special Conditions, (5) General Terms and Conditions; (6) Project Budget; (7)Subnedpient^s proposal; and (8) grant award letter Subrec|pient certifies that this grant does not Include research and development. SIGNATURES OF AUTHORIZED APPROVING OFFICIALS For Virginia Department of Motor Vehicles-, Captain Stephen E. Keatts In i AJjQM,%— John Saunders Name and Ttle of Proiect Director (print) Director, V rginia Highway Safety Office (print) Signature SubecipienYs DUNS Number 1115173270000 Does $750,000 or more annually in total federal funds? (check one) __K_Yes _No Robert G Cowell, me and Title of Authorized Approving Official (print) Signature 'Date� 9 Department of Motor Vehicles Grant Budget Lines Date Run: 06-AUG -2018 M613T -2019 - 59380 - 9380 - Roanoke City PM: Steven Williams Project Director Initials Date Individual Total Fed Fund Matching Category Line Item Desc pty Cost Cost Amount Funds Personnel Approximately 842 hours of overtime at $32.00 per hour 842 32.00 26,944.00 26,944.00 0.00 Training 1 Travel VAHSO approved training in 2019 4 1,000.00 4,000.00 4,000.00 0.00 Matching Funds Fuel and Vehicle Maintenance 1 15,472.00 15,472.00 0.00 15,472.00 Total: 46,416.00 30,944.00 15,472.00 Sub - recipient Name; TSS 012A -AL (0710112018 Page Roanoke City Project #: M60T- 2019 - 59380 -9380 STATEMENT OF WORK AND SPECIAL CONDITIONS 1. Goals and Specific Program Elements. The goals and specific program elements of the sub - recipient's proposal are Incorporated as the first Item In this Statement of Work and Special Conditions. a. List Specific Program Elements: For October 1, 2018 through December 31, 2018 Estimated 269 number of overtime hours to be used Estimated 1 number of checkpoints Estimated 8 number of saturation /individual patrols For January 1, 2019 through March 31, 2019 Estimated 152 number of overtime hours to be used Estimated 0 number of checkpoints Estimated 8 number of saturation/individual patrols For April 1, 2019 through June 30; 2019 Estimated 152 number of overtime hours to be used Estimated 0 number of checkpoints . Estimated 8 number of saturationlindividual patrols For July 1, 2019 through September 30, 2019 Estimated 269 number of overtime hours to be used Estimated 1 number of checkpoints Estimated 8 number of saturation /individual patrols b. To conduct a minimum of 0 checkpoints and/or 2 saturationfindividuat patrols during the Click it or Ticket Mobilization period in May 2019. c. To conduct a minimum of 1 checkpoints and /or 4 saturation patrols for the mandatory Checkpoint Strike Force Campaign. d. To have 10 number of sworn officers attend 1 number DMV approved traffic safety - related training events (e.g. DUI Conference, Virginia Highway Safety Summit, Field Sobriety Testing). e. Increase from number of radar units inactive use from 80 to 80 . (If approved, all units must be ordered by December 31, 2018 and put in service by March 31, 2019). f. increase from number of breath testing units in active use from 52 to 52 . (If approved, all units must be ordered by December 31, 2018 and put In service by March 31, 2019). Project Director Initial TSS 012A -AL (07/0112018) Page 3A Sub - recipient Name: Roang]Sg City Project #. M60T- 2019 -59380 -9380 2. The sub - recipient must contribute to the overall State Highway Safety Plan goals: ALCOHOL STATEWIDE GOAL: Decrease alcohol Impaired driving fatalities 3 percent from the 2016 calendar base year of 220 to 214 by December 31, 2018. AGENCY GOAL: Reduce alcohol related fatalities and serious crashes by 2 by the end of FY -2019 Must participate in Checkpoint Strike Force (CPSF) /Drive Sober or Get Pulled Over (DSOGPO) activities. • Sub - recipients must submit Checkpoint Strike Force (CPSF) /Drive Sober or Get Pulled Over (DSOGPO) selective enforcement data electronically through TREDS (Traffic Records Electronic Data System). • BASED ON ALCOHOL - RELATED CRASH DATA (using crash data from VAHSO or other approved local crash information): 50_ percent of alcohol selective enforcement activities are to be conducted between the hours of 3:00 p.m. - 2:59 a.m. with special emphasis on the following days of the week: Monday, Wednesday, Thursday,- Friday, Saturday The remaining - 50 percent of selective enforcement hours may be scheduled during other DMV approved identified high -crash tme periods. • Enforcement is to be conducted using data - identified problem locations • Grant - funded equipment must be ordered by December 31, 2018, and put in service by March 31, 2019 and documentation maintained concerning use. • All sub - recipients must submit a completed monitoring report (TSS 14 -A) to their DMV Grant Monitor by specific assigned dates. • Sub - recipients must attend all mandatory DMV grant - related trainings. Zero tolerance (no warnings) for violators during grant- funded overtime. Project Director Initial Date T5S 0128 (07101/2018) Page 4 HIGHWAY SAFETY GRANT AGREEMENT GENERAL TERMS AND CONDITIONS Purpose and Background. The Department is awarding this grant to support the implementation of highway safety projects by State, local, non - profit, and higher education partnerships. Funds are made available for projects that: (1) support statewide goals; (2) identify problems experienced by High Emphasis Communities, which are jurisdictions with the highest crash severity problem; (3) creatively incorporate alcohol awareness and occupant protection safety; (4) are innovative with potential statewide application or ability to transfer to other jurisdictions; and (5) have statewide significance and address the Federal program areas under 23 USC (United States Code), Chapter 4: Highway Safety and 23 USC 154 (Section 154). 2. Paid Media. Grants consisting of $100,000 or more in paid media funds will be required to perform pre- and post- surveys during the Grant Period. The level of assessment is based on the cost of a paid advertising campaign as follows: A. Level 1, for a paid advertising campaign of up to $100,000: At a minimum, an assessment must measure and document audience exposure to paid advertised messages and the number of airings or print ads devoted to each announcement. The size of the audience needs to be estimated using a source appropriate for the medium used, such as Arbitron or Nielsen ratings for radio and TV. More specifically, all paid advertising for which the State or Subrecipient used 154, 402 and 405 funds must include documentation stating how many paid airings or print ads occurred and the size of the audience reached. include the number of free airings or print ads that occurred and the size of the audience reached. B. Level 2, for a paid advertising campaign greater than $100,000: In addition to providing the above Level 1 documentation, a more extensive assessment is required to measure target audience reaction. One or more of the activities in the following list may be used to assess how the target audience's knowledge, attitude, or actions were affected by the message(s): 1. Mail surveys; 2. Telephone surveys; 3. Focus groups; 4. Mall intercept interviews; 5. Direct mailings; 6. Call -in centers; 7. Newspaper polls; 8. Household interviews; 9. Before and after approach, which compares system status before and after the introduction of the message; and 10. Control region approach, which relates one study site exposed to the message to a similar site that is not exposed to the message. 3. Equipment. Costs for equipment are allowable under specified conditions. Costs for new and replacement equipment with a useful life of more than one year and an acquisition cost of $5,000 or more must be pre - approved before a Subrecipient purchases the equipment. Such approval shall be obtained by the Department from the National Highway Traffic Safety Administration (NHTSA) regional manager in writing, and Subrecipient will be notified by the Department when this approval has been secured. Federal government requirements mandate that the Department maintain an accurate accounting and inventory of all equipment purchased using Federal funds, and Subrecipient shall comply with applicable reporting requirements that may be specified in the Highway Safety Policy and Procedures Manual and amendments thereto. Subrecipient must request advance, written approval from the Department and NHTSA to sell, transfer or dispose of any and all non - expendable equipment purchased in whole or in part with the use of Federal highway safety funds. Disposition of funds from the sale of equipment to another Project Director's Initials TSS 0128 (07101/2018) Page 5 entity must be agreed upon by the Department and the Subrecipient and approved by NHTSA and the Department. In the event of a conflict between this section, 2 CFR (Code of Federal Regulations) Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards), Sections 200.313 and 200.439, 2 CFR Part 1300 (Uniform Procedures for State Highway Safety Grant Programs) Section 1300.31, and 2 CFR Part 1201 (Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards) Section 1201.313, the provisions of the applicable CFR control, except where inconsistent with statute. 4. Reports and Deliverables. Quarterly Progress and Monitor Reports shall be provided to the Department by the dates indicated: January 31, April 30, July 31, and November 5. Each Progress and Monitor Report shall address the Subrecipient's progress in fulfilling items listed in the Statement of Work and Special Conditions, including funded elements of the Subrecipient's proposal. These reports should include the findings from the evaluation component of the proposal and should indicate the criteria and methods by which the progress of the initiative has been evaluated. The format for Progress and Monitor Reports will be provided to the Subrecipient, but, at a minimum, will require an assessment of the program's plan with actual accomplishments during the past quarter, partnership involvement and satisfaction, expected follow -up, changes /problems with the plan and how they will be addressed, a financial summary of expenditures for the reporting period and planned accomplishments during the next quarter. The final Progress and Monitor Report shall include a comprehensive, detailed report of all grant activities conducted during the full grant performance period, including a final summary of expenditures. Monitoring. The Department shall, throughout the Grant Period under this Grant Agreement and any extension of the program which is the subject of the Grant Agreement, monitor and evaluate the events, activities and tasks performed in connection with the program to include financial feasibility and progress of the grant and the Subrecipient's continuing fiscal responsibility and compliance with applicable requirements and the terms and conditions of this Grant Agreement. Such monitoring and evaluation shall not in any manner relieve or waive any obligations of Subrecipient under this Grant Agreement or pursuant to applicable State and Federal law, regulations or rules. Any representation to the contrary by the Subrecipient to any third party is strictly prohibited and may be grounds for the termination of this Grant Agreement by the Department. 5. Audit. Subrecipients expending $750,000 or more in Federal awards (single or multiple awards) in a year are required to obtain an annual audit in accordance with the Single Audit Act (Public Law 96 -502) and subsequent amendments (refer to 2 CFR Part 200 and 2 CFR Part 1201), and the American Institute of Certified Public Accountants' (AICPA) Statement on Auditing Standards (SAS) 99, Consideration of Fraud in a Financial Statement Audit. The audit report must be submitted to DMV by March 15. Subrecipients are encouraged to submit their audit report to the Federal Audit Clearinghouse (FAC) at httr):Hharvester.census.gov /sac /. Failure to meet the single audit requirements could result in your entity having to repay grant monies and /or losing access to future Federal funding. The State auditor may conduct an audit or investigation of any entity receiving funds from the Department, either directly under the Grant Agreement or indirectly through a subcontract under the Grant Agreement. Acceptance of funds directly or indirectly under the Grant Agreement constitutes acceptance of the authority of the State auditor to conduct an audit or investigation in connection with those funds. In the event an audit reveals unallowable expenditures, the Subrecipient will be responsible for repayment to the Department of such unallowable expenditures. 6. Closeout. Subrecipients are required to submit final requests for reimbursements and final Progress Reports according to the schedule identified in this Grant Agreement. Requests for reimbursements submitted after November 5 will be denied. Project Director's Initials TSS 012B (0710 1120 1 8) Page 6 Article 1. COMPLIANCE WITH LAWS The Subrecipient shall comply with all Federal, State, and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of arty courts or administrative bodies or tribunals in any matter affecting the performance of the Grant Agreement, including, without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, nondiscrimination laws and regulations, and licensing laws and regulations. When required, the Subrecipient shall furnish the Department with satisfactory proof of its compliance therewith. Article 2. STANDARD ASSURANCES The Subrecipient hereby assures and certifies that it will comply with all applicable laws, regulations, policies, guidelines, and requirements, including 23 USC Chapter 4: Highway Safety; 2 CFR Part 200 and 2 CFR Part 1201; 23 CFR Part 1300; the Federal Highway Safety Grant Funding Guidance (Revised 2013); the Procedures for the Transportation Safety Grants Program and subsequent amendments; and the Guidelines for the Submission of Highway Safety Grant Applications, as they relate to the application, acceptance, and use of Federal or State funds for this project. Also, the Subrecipient assures and certifies that: A. It possesses legal authority to apply for the grant and that a resolution, motion, or similar action has been duly adopted or passed as an official act of the Subrecipient's governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the authorized approving official of the Subrecipient to act in connection with the application and to provide such additional information as may be required. B. it will comply with the Federal Fair Labor Standards Act's minimum wage and overtime requirements for employees performing project work. C. It will comply with all requirements imposed by the Department concerning special requirements of law, program requirements, and other administrative requirements. D. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. E. It will comply with the Virginia State and Local Government Conflict of Interests Act, Va. Code §§ 2.2 -3100 et seq., which defines and prohibits inappropriate conflicts and requires disclosure of economic interests and is applicable to all State and local government officers and employees. F. it will give the Department the access to and the right to examine all records, books, papers, or documents related to the Grant Agreement. G. It will ensure that all public records prepared or owned by, or in the possession of, the applicant relative to this project shall be open to inspection and copying by any citizens of the Commonwealth during regular office hours in accordance with the provisions of the Virginia Freedom of information Act, Va. Code §§ 2.2 -3700 et seq., unless otherwise specifically provided by law. H. If applicable, it will comply with the provisions of the Virginia Freedom of Information Act, Va. Code §§ 2.2 -3700 et seq., which require all meetings of public bodies to be open and every public body to give notice of its meetings and to record minutes at all open meetings. Article 3. GRANT AWARD COMPENSATION A. The method of payment for the Grant Agreement will be based on actual costs incurred up to and not to exceed the limits specked in the Grant Agreement. The amount stated in the Project Budget will be deemed to be the amount of the award to the Subreciplent. B. Reimbursement for travel costs shall be subject to the requirements and limitations set forth in the State Travel Regulations established by the Virginia Department of Accounts. Project Director's initials TSS 0128 (07101/2018) Page 7 C. All payments will be made in accordance with the terms of the Grant Agreement_ The maximum amount eligible for reimbursement shall not be increased above the total amount stated in the Project, unless the Grant Agreement is amended as described in Article 5, Amendments and Modifications to Grant Agreement. D. To be eligible for reimbursement under the Grant Agreement, a cost must be incurred in accordance with the Grant Agreement, within the time frame specified in the Grant Period as stated in the Grant Agreement, attributable to work covered by the Grant Agreement, and which has been completed in a manner satisfactory and acceptable to the Department_ Costs related to contractual fees require additional documentation in order to be eligible for reimbursement. The Subrecipient must submit a copy of each contract prior to requests for reimbursement and allow sufficient time for review and approval to ensure that services and products provided are allowable expenses and attributable to work covered by the Grant Agreement. E. Federal or Department funds cannot supplant (replace) funds from any other sources. The term "supplanting" refers to the use of Federal or Department funds to support personnel or an activity already supported by local or State funds, or, other resources that would otherwise have been made available for the grant program. F. Payment of costs incurred under the Grant Agreement is further governed by 2 CFR Part 200 and 2 CFR Part 1201. G A Subrecipient may request an Indirect Cost Rate for grants that are not enforcement related. The Subrecipient must submit a copy of their Federally negotiated indirect cost rate. A Subrecipient that does not have a Federally negotiated indirect cost rate, may submit a letter requesting a de minimis indirect cost rate of 10% of modified total direct costs (2 CFR § 200.414(f)). Payment for indirect costs will not be made until the aforementioned documents have been received by the Department. Indirect cost references and information can be found in various parts of 2 CFR Part 200. H The Subrecipient will provide a monetary and /or in -kind match to the funded proposal. The required matching percentage of the project cost will be determined by the Department. Grant funds may not be used before the Subrecipient can demonstrate that funds for the corresponding portion of the matching requirement have been received by Subrecipient, A matching report must be submitted with each reimbursement voucher and the Subrecipient must keep documentation related to matching funds in the project file. I. The Subrecipient agrees to submit Requests for Reimbursement on a quarterly basis or no more than one request per month, as outlined in the Highway Safety Policy and Procedures Manual. The original Request for Reimbursement, with the appropriate supporting documentation, must be submitted to the OMV Grants Management Office. The Subrecipient agrees to submit the final Request for Reimbursement under the Grant Agreement within thirty - five (35) days of the end of the Grant Period or November S. All grant funds must be encumbered by the end of the grant period (September 301, complete with supporting invoices. At the end of the Grant Period, any unexpended or unobligated funds shall no longer be available to the Subrecipient. In no case shall the Subrecipient be reimbursed for expenses incurred prior to the beginning or after the end of the Grant Period. J. The Department will exercise good faith to make payments within thirty (30) days of receipt of properly prepared and documented Requests for Reimbursement. Payments, however, are contingent upon the availability of appropriated funds. K. Grant Agreements supported with Federal or State funds are limited to the length of the Grant Period specified in the Grant Agreement. If the Department determines that the project has demonstrated merit or has potential long -range benefits, the Subrecipient may apply for funding assistance beyond the initial Grant Period. Preference for funding will be given to those projects for which the Subrecipient has assumed some cost sharing, those which propose to assume the largest percentage of subsequent project costs, and those which have demonstrated performance that is acceptable to the Department. Project Director's Initials TSS 0128 (0710112018) Page 8 L. When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part with Federal money, including this Grant Agreement, the Subrecipient shall clearly state (1) the percentage of the total cost of the program or project which will be financed with Federal money, and (2) the dollar amount of Federal funds provided for the project or program. Article 4. LIMITATION OF LIABILITY Payment of costs incurred hereunder is contingent upon the availability of appropriated funds. If, at any time during the Grant Period, the Department determines that there is insufficient funding to continue the project, the Department shall so notify the Subreciplent, giving notice of intent to terminate the Grant Agreement, as specified in Article 11, Termination, Article 5. AMENDMENTS AND MODIFICATIONS TO GRANT AGREEMENT The Grant Agreement may be amended prior to its expiration by mutual written consent of both parties, utilizing the Grant Agreement Amendment form designated by the Department. Any amendment must be executed by the parties within the Grant Period specified in the Grant Agreement. Any proposed modifications or amendments to this Grant Agreement as defined in Article 6, Additional Work and Changes in Work, including the waiver of any provisions herein, must be submitted to the Department in writing and approved as herein prescribed prior to Subrecipient's implementation of the proposed modification or amendment. Any alterations, additions, or deletions to the Grant Agreement that are required by changes in Federal or State laws, regulations or directives are automatically incorporated on the date designated by the law, regulation or directive. The Department may unilaterally modify this Grant Agreement to de- obligate funds not obligated by the Subrecipient as of the close of the Grant Period specified in this Grant Agreement. In addition, the Department may de- obligate funds in the event of termination of the Grant Agreement pursuant to Article 11, Termination. Article 6. ADDITIONAL WORK AND CHANGES IN WORK If the Subrecipient is of the opinion that any assigned work is beyond the scope of the Grant Agreement and constitutes additional work, the Subrecipient shall promptly notify the Department in writing. if the Department finds that such work does constitute additional work, the Department shall so advise the Subrecipient and a written amendment to the Grant Agreement will be executed according to Article 5, Amendments and Modifications to Grant Agreement, to provide compensation for doing this work on the same basis as the original work. If performance of the additional work will cause the maximum amount payable to be exceeded, the work will not be performed before a written grant amendment is executed. If the Subrecipient has submitted work in accordance with the terms of the Grant Agreement but the Department requests changes to the completed work or parts thereof which involve changes to the original scope of services or character of work under the Grant Agreement, the Subrecipient shall make such revisions as requested and directed by the Department. This will be considered additional work and will be paid for as specified in this Article. if the Subrecipient submits work that does not comply with the terms of the Grant Agreement, the Department shall instruct the Subrecipient to make such revisions as are necessary to bring the work into compliance with the Grant Agreement. No additional compensation shall be paid for this work. The Subrecipient shall make revisions to the work authorized in the Grant Agreement, which are necessary to correct errors or omissions appearing therein, when required to do so by the Department. No additional compensation shall be paid for this work. The Department shall not be responsible for actions by the Subrecipient or any costs incurred by the Subrecipient relating to additional work not directly associated with or prior to the execution of an amendment. Project Director's Initials TSS 012B (07/0112018) Page 9 Article 7. REPORTING AND NOTIFICATIONS Subrecipients shall submit performance reports using forms provided and approved by the Department as outlined in the Statement of Work and Special Conditions, Section 4, Reports and Deliverables. The Subrecipient shall promptly advise the Department in writing of events that will have a significant impact upon the Grant Agreement, including: A. Problems, delays, or adverse conditions, including a change of project director or other changes in Subrecipient personnel that will materially affect the Subrecipient's ability to attain objectives and performance measures, prevent the meeting of time schedules and objectives, or preclude the attainment of project objectives or performance measures by the established time periods. This disclosure shall be accompanied by a statement of the action taken or contemplated and any Department or Federal assistance needed to resolve the situation. B. Favorable developments or events that enable Subrecipient to meet time schedules and objectives earlier than anticipated or to accomplish greater performance measure output than originally projected. Article 8. RECORDS The Subrecipient agrees to maintain all reports, documents, papers, accounting records, books, and other evidence pertaining to costs incurred and work performed hereunder, and Subrecipient shall make such records available at its office for the time period specified in the Grant Agreement. The Subrecipient further agrees to retain such records for three (3) years from the date of final payment under the Grant Agreement, until completion of all audits, or until any pending litigation has been completely and fully resolved, whichever occurs last. Any representative of the U.S. Secretary of Transportation, the Comptroller General of the United States, the General Accounting Office, the Virginia Office of the Secretary of Transportation, the Virginia Department of Motor Vehicles, the Virginia State Comptroller or the Virginia Auditor of Public Accounts shall have access to and the right to examine any and all books, documents, papers and other records (including computer records) of the Subrecipient that are related to this Grant Agreement, in order to conduct audits and exarninations and to make excerpts, transcripts, and photocopies. This right also includes timely and reasonable access to the Subrecipient's personnel and program participants for the purpose of conducting interviews and discussions related to such documents. The Department's right to such access shall last as long as the records are retained as required under this Grant Agreement. Article 9. INDEMNIFICATION The Subrecipient, if other than a government entity, agrees to indemnify, defend and hold harmless the Commonwealth of Virginia, its officers, agents, and employees from any claims, damages and actions of any kind or nature, whether at law or in equity, arising from or caused by the acts or omission of the Subrecipient, its officers, agents or employees. The Subrecipient, if other than a government entity, further agrees to indemnify and hold harmless the Commonwealth of Virginia, its officers, agents, and employees from any costs including, but not limited to, attorney fees and court costs, incurred by the Department in connection with any such claims or actions. If the Subrecipient is a government entity, both parties to the Grant Agreement agree that no party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds, as well as the acts and deeds of its contractors, employees, representatives, and agents. Article 10. DISPUTES AND REMEDIES The Subrecipient shall be responsible for the settlement of all contractual and administrative issues arising out of procurement made by the Subrecipient in support of Grant Agreement work. Disputes concerning performance or payment shall be submitted to the Department for settlement, with the Director of the Virginia Highway Safety Office or his or her designee acting as final referee. Project Director's initials TSS 0128 (0710112018) Page 10 Article 11. TERMINATION The Department may terminate the Grant Agreement, in whole or in part, for cause if the Subrecipient faits to fulfill its obligations under the Grant Agreement; fails to comply with any applicable Department policy or procedure or any applicable Federal, State or local law, regulation or policy; or fails to correct a violation of any such law, regulation, policy or procedure. This does not limit any other termination rights that the Department may have under State or Federal laws, regulations or policies. The Grant Agreement shall remain in effect until the Subrecipient has satisfactorily completed all services and obligations described herein and these have been accepted by the Department, unless: A. The Department terminates the Grant Agreement for cause and informs the Subrecipient that the project is terminated immediately; or B. The Department determines that the performance of the project is not in the best interest of the Department and informs the Subrecipient that the project is terminated immediately; or C. The Grant Agreement is terminated in writing with the mutual consent of both parties; or D. There is a written thirty (30) day notice to terminate by either party. The Department shall compensate the Subrecipient for only those eligible expenses incurred during the Grant Period specked in the Grant Agreement which are directly attributable to the completed portion of the work covered by the Grant Agreement, provided that the work has been completed in a manner satisfactory and acceptable to the Department. The Subrecipient shall not incur nor be reimbursed for any new obligations after the effective date of termination. Article 12. SUBCONTRACTS No portion of the work specified in the Grant Agreement shall be subcontracted without the prior written consent of the Department. In the event that the Subrecipient desires to subcontract part of the work specified in the Grant Agreement, the Subrecipient shall furnish the Department the names, qualifications and experience of their proposed subcontractors. For purposes of the Grant Agreement, subcontractor(s) shall include, but are not limited to, recipients of mini grants and parties to cooperative agreements and memoranda of understanding. The Subrecipient, however, shall remain fully responsible for the work to be done by its subcontractor(s) and shall assure compliance with all the requirements of the Grant Agreement. In any agreement entered into with a subcontractor, the Subrecipient shall include or incorporate by reference all language contained in the Statement of Work and Special Conditions and in the General Terms and Conditions portions of this Highway Safety Grant Agreement, and the subcontractor shall agree to be bound by all requirements contained therein. Article 13. NONCOLLUSiON The Subrecipient certifies that its grant application was made without collusion or fraud, and it has not conferred on any public employee having official responsibility for the Highway Safety Grant process any loan, gift, favor, service or anything of more than nominal value, present or promised, in connection with its application. If Subrecipient breaches or violates this certification, the Department shall have the right to annul this Grant Agreement without liability. Article 14. SUBRECIPIENT'S RESOURCES The Subrecipient certifies that it presently has adequate qualified personnel in its employment to perform the work required under the Grant Agreement, or that Subrecipient will be able to obtain such personnel from sources other than the Department. All employees of the Subrecipient shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of the Subrecipient who, in the opinion of the Department, is incompetent or whose conduct becomes detrimental to the project shall immediately be removed from association with the project. Project Director's initials TSS 0128 (07101/2018) Page 11 Unless otherwise specified, the Subrecipient shall furnish all equipment, materials, supplies, and other resources required to perform the work. Article 15. SUBRECIPIENT SEAT BELT USE The Subrecipient agrees to adopt and enforce an on -the -job seat belt use policy requiring all employees to wear a seat belt when operating any vehicle owned, leased or rented by the Subrecipient, including police vehicles. Article 16. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE The Subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. Article 17. PROCUREMENT AND PROPERTY MANAGEMENT The Subrecipient shall establish and administer a system to procure, control, protect, preserve, use, maintain, and dispose of any property furnished to it by the Department or purchased pursuant to the Grant Agreement in accordance with Virginia law and Department policies and procedures, provided that such laws, policies and procedures are not in conflict with Federal standards, as appropriate, in 2 CFR Part 200 and 2 CFR Part 1201. In the event of conflict, such Federal standards shall apply unless Virginia law or Department policies or procedures impose more strict requirements than the Federal standards. Article 18. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY All copyright and patent rights to all papers, reports, forms, materials, creations, or inventions created or developed in the performance of this Grant Agreement shall become the sole property of the Commonwealth in accordance with Va. Code §2.2 -2822 and Executive Memorandum 4 -95. On request, the Subrecipient shall promptly provide an acknowledgment or assignment in a tangible form satisfactory to the Commonwealth to evidence the Commonwealth's sole ownership of specifically identified intellectual property created or developed during the performance of the Grant Agreement. Article 19. RESEARCH ON HUMAN SUBJECTS The Subrecipient shall comply with the National Research Act, Public Law 93 -348, regarding the protection of human subjects involved in research, development, and related activities supported by the Grant Agreement. Article 20. ASSIGNMENT The Grant Agreement shall not be assignable by the Subrecipient in whole or in part without the written consent of the Department. Article 21. NONDISCRIMINATION A. The Subrecipient WILL COMPLY WITH ALL Federal statutes and implementing regulations relating to nondiscrimination ( "Federal Nondiscrimination Authorities "). These include, but are not limited to: 1. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin) and 49 CFR part 21; 2. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); Project Director's Initials TSS 0128 (07/01120181 Page 12 3. Federal -Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.0 1681 -1683 and 1685 -1686) (prohibit discrimination on the basis of sex); 4. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27; 5. The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age); 6. The Civil Rights Restoration Act of 1987, (Pub. L. 100 -209), (broadens scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally - funded or not); 7. Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131- 12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38; 8. Executive Order 12898, Federal Actions To Address Environmental Justice in Minority Populations and Low - Income Populations (prevents discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and tow - income populations); and 9. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (guards against Title VI national origin discrimination /discrimination because of limited English proficiency (LEP) by ensuring that funding recipients take reasonable steps to ensure that LEP persons have meaningful access to programs (70 FR at 74087 to 74100). B. The Subrecipient entity — 1. Will take all measures necessary to ensure that no person in the United States shall, on the grounds of race, color, national origin, disability, sex, age, limited English proficiency, or membership in any other class protected by Federal Nondiscrimination Authorities, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any of its programs or activities, so long as any portion of the program is Federally- assisted. 2. Will administer the program in a manner that reasonably ensures that any of its subrecipients, contractors, subcontractors, and consultants receiving Federal financial assistance under this program will comply with all requirements of the Non - Discrimination Authorities identified in this Assurance; 3. Agrees to comply (and require its subrecipients, contractors, subcontractors, and consultants to comply) with all applicable provisions of law or regulation governing US DOT's or NHTSA's access to records, accounts, documents, information, facilities, and staff, and to cooperate and comply with any program or compliance reviews, and /or complaint investigations conducted by US DOT or NHTSA under any Federal Nondiscrimination Authority; 4. Acknowledges that the United States has a right to seek judicial enforcement with regard to any matter arising under these Non - Discrimination Authorities and this Assurance, 5. Agrees to insert in all contracts and funding agreements with other State or private entities the following clause: Project Director's initials TSS 0128 (0710112018) Page 13 "During the performance of this contract/funding agreement, the contractor /funding recipient agrees— a. To comply with all Federal nondiscrimination laws and regulations, as may be amended from time to time; b. Not to participate directly or indirectly in the discrimination prohibited by any Federal non- discrimination law or regulation, as set forth in appendix B of 49 CFR part 21 and herein; c. To permit access to its books, records, accounts, other sources of information, and its facilities as required by the State highway safety office, US DOT or NHTSA; d. That, in event a contractor /funding recipient fails to comply with any nondiscrimination provisions in this contract/funding agreement, the State highway safety agency will have the right to impose such contract/agreement sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to the contractor /funding recipient under the contract/agreement until the contractor /funding recipient complies; and /or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part; and e. To insert this clause, including paragraphs a through e, in every subcontract and subagreement and in every solicitation for a subcontract or subagreement that receives Federal funds under this program." C. Certifies that it•has disclosed to the Department any administrative and/or court findings of noncompliance with nondiscrimination or equal opportunity laws, regulations or policies during the two preceding years. If the Subrecipient has been cited for noncompliance with these laws, regulations or policies, the Subrecipient will not be eligible to receive funding. Article 22. DRUG -FREE WORKPLACE The Subrecipient certifies that it will provide a drug -free workplace in accordance with the requirements of 29 CFR, Part 98, Subpart F (Drug -Free Workplace Requirements (Grants)) Article 23. BUY AMERICA ACT The Subrecipient will comply with the provisions of the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a subrecipient, to purchase only steel, iron and manufactured products produced in the United States with Federal funds, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification to and approved by the Secretary of Transportation. The National Highway Traffic Safety Administration (NHTSA) was granted a Buy America Act public interest waiver that became effective July 30, 2015, (Federal Register Vol. 80, No. 125, published June 30, 2015). This waiver allows a State or subrecipient to purchase any manufactured product with a purchase price of $5,000 or less, excluding a motor vehicle when the product is purchased using Federal grant funds administered under Chapter 4 of Title 23 of the United States Code. The "National Traffic and Motor Vehicle Safety Act of 1966" defines a motor vehicle as a vehicle driven or drawn by mechanical power and manufactured primarily for use on public streets, roads, and highways, but does not include a vehicle operated only on a rail line. See 49 USC 30102(a)(6). Therefore, the purchase of foreign -made cars, motorcycles, trailers and other similar conveyances must be made with a waiver regardless of price. Project Director's Initials T55 012B (07101/2018) Page 14 Article 24. DISADVANTAGED BUSINESS ENTERPRISE It is the policy of the Department and the USDOT that Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, shall have the opportunity to participate in the performance of agreements financed in whole or in part with Federal funds. Consequently, the Disadvantaged Business Enterprise requirements of 49 CFR Part 26, apply to the Grant Agreement as follows: A. The Subrecipient agrees to ensure that Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, have the opportunity to participate in the performance of agreements and subcontracts financed in whole or in part with Federal funds. In this regard, the Subrecipient shall make good faith efforts, in accordance with 49 CFR Part 26, to ensure that Disadvantaged Business Enterprises have the opportunity to compete for and perform agreements and subcontracts. B. The Subrecipient and any subcontractor shall not discriminate on the basis of race, color, national origin, sex, disability, or age in the award and performance of agreements funded in whole or in part with Federal funds. These requirements shall be included in any subcontract or sub agreement. Failure to comply with the requirements set forth above shall constitute a breach of the Grant Agreement and, after the notification by the Department, may result in termination of the Grant Agreement by the Department or other such remedy as the Department deems appropriate. Article 25. DEBARMENT AND SUSPENSION A. The Subrecipient certifies, to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any State or Federal department or agency or otherwise excluded by any Federal or State department or agency; 2. Have not within a three (3) year period preceding this Grant Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, State, or local transaction or contract under a public transaction; violation of Federal or State antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted or otherwise criminally or civilly charged by a Federal, State, or local governmental entity with commission of any of the offenses enumerated in paragraph A. 2. of this Article; and 4. Have not, within a three (3) year period preceding this Grant Agreement, had one or more Federal, State, or local transactions terminated for cause or default. B. Where the Subrecipient is unable to certify to any of the statements in this Article, such Subrecipient shall attach an explanation to the Grant Agreement. C. The Subrecipient is prohibited from making any subcontract or sub -award or permitting any subcontract or sub -award to any party that does not certify to the Subrecipient that such party meets the requirements set forth in Section A., Items 1-4 of this Article. When requested by the Department, Subrecipient shall furnish a copy of such certification. D. The Subrecipient shall require any party to a subcontract or purchase order awarded under the Grant Agreement to certify its eligibility to receive Federal grant funds, and, when requested by the Department, to furnish a copy of the certification. E. The Subrecipient shall provide immediate written notice to the Department if at any time the Subrecipient learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. F. The Subrecipient agrees to comply with the requirements of 2 CFR Parts 180 and 1200. Project Director's Initials TSS 0128 (07/01/20i8) Page 15 Article 26. POLITICAL ACTIVITY (HATCH ACT) The Subrecipient will comply with provisions of the Hatch Act (5 U.S.C. 1501- 1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. Article 27. FEDERAL LOBBYING CERTIFICATION The Subrecipient certifies to the best of his or her knowledge and belief that: A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Subrecipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement, B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract grant, loan, or cooperative agreement, the party to the Grant Agreement shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. No funds under this Grant Agreement have been or will be expended for publicity or propaganda purposes, for the preparation, distribution or use of any kit, pamphlet, booklet, publication, radio, television, film presentation, or website /webpage designed to support or defeat legislation ,pending before the Congress, except in presentation to the Congress itself. In addition, grant funds shall not be used to pay the salary or expenses, in whole or in part, of any Subrecipient or agent acting for such Subrecipient related to any activity designed to influence legislation or appropriations pending before the Congress. D The Subrecipient shall require that the language of this certification be included in the award documents for all sub - awards (including subcontracts, sub - grants, and contracts under grant, loans, and cooperative agreements) and that all subcontractors shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this Grant Agreement was made or entered into. Submission of this certification is a prerequisite for entering into this Grant Agreement imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Article 28. RESTRICTION ON STATE LOBBYING None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots ") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. No funds under this Grant Agreement have been or will be expended for publicity or propaganda purposes, for the preparation, distribution or use of any kit, pamphlet, booklet, publication, radio, television, film presentation, or website /webpage designed to support or defeat legislation pending before the Virginia General Assembly, except in presentation to the General Assembly itself. In addition, grant funds shall not be used to pay the salary or expenses, in whole or in part, of any Subrecipient or agent Project Director's Initials TSS 0128 (07101/2018) Page 16 acting for such Subrecipient related to any activity designed to influence legislation or appropriations pending before the Virginia General Assembly. Article 29. INTERPRETATION AND ENFORCEABILITY In the event any terms or provisions of this Grant Agreement are breached by either party or in the event that a dispute may arise between the parties regarding the meaning, requirements, or interpretation of any terms and provisions contained in this Grant Agreement, then such breach or dispute shall be resolved pursuant to the terms of this Grant Agreement and the remedies available under the Code of Virginia. If the Subrecipient is not a government entity, in the event the Department must initiate proceedings to enforce the terms and conditions of this Grant Agreement or seek redress for damages caused by Subrecipient's breach of this Grant Agreement, the Department shall be entitled to recover all costs including, without limitation, court costs and attorney fees, incurred in such proceedings. Article 30. ADDITIONAL PROVISIONS A. Signature Authorized. The Subreciplent's authorized approving official, signing the certification page of the Grant Agreement, has the legal authority to apply for Federal Assistance and has the institutional, managerial, and financial capability (including funds sufficient to pay the non - Federal share of project costs) to ensure proper planning, management and completion of the project described in this application. B. Headings. The captions and headings used in this Grant Agreement are intended for convenience only and shall not be used for purposes of construction or interpretation. C. Notice. All notices, requests and demands shall be directed as follows: To the Department: Virginia Department of Motor Vehicles ATTENTION: Director, Virginia Highway Safety Office Post Office Box 27412 Richmond, Virginia 23269 -0001 To Subrecipient: Any notice, unless otherwise specked herein, will be deemed to have been given on the date such notice is personally delivered or is deposited in the United States certified mail, return receipt requested, properly addressed and with postage prepaid. Project Director's Initials P911091w Pe&n AuVnt, 2018 Roanoke City Alcohol Crash Statistics Available Crash Data - Calendar Year 2014 2015 2016 2017 All Crashes 1976 1928 1301 1017 Fatal Crashes 7 2 9 12 Serious Injury Crashes 45 58 44 50 All Injury Crashes 470 423 318 294 Alcohol Crashes 131 115 66 71 Alcohol Fatal Crashes 6 2 6 6 6:0Dpm- 8:59pm Highest Time Period(s) Midnight - 2:59am Midnight - 2:59am 6:00pm- 8:59pm 6:00pm- 8:59pm tag %) (100%) (67%) (50 %) Highest Day(s) Monday Saturday • Sunday Friday • Thursday Sunday • Wednesday (13 %) (100 %) (66 %) (66 %) Highest Month(s) July January • March February April • December (33 %) (100%) (60%) (34 %) Alcohol Serious Injury Crashes 1 5 g 610pm- 8:59pm Highest Time Period(s) Midnight - 2:59am Midnight - 2 59am 6:OOpm- 8:59pm 6:ODpm- 8:59pm (58 %) (33 %) (60 %) (33 %) Highest Day(s) Saturday Monday Saturday • Wednesday Monday • Saturday 141 %t 133%1 (80%) (44 %) Highest Month(s) April • August December February • July May • October (28 %) (27%) (40 %) (44 %) Alcohol Injury Crashes 41 35 20 24 6:O0pm- 8.59pm Highest Time Period(s) Midnight - 2:59am Midnight - 2:59am 9:00pm- 11:59pm 6 OOpm- 8:59pm (44 %) (29%) (f,0%) (39%) Highest Day(s) Saturday Sunday Saturday Saturday 124 %) (23 %) 145x) (13 %) Highest Month(s) September June February • July June t1s %) (20%) (30%) (21%) • .M1leotwl 5enow (naury Intcrseate Crexhn The blue 3ra6ent repr ft the density of d1 e:catud ctaslus • Alcohol Sous Injury Non•tnterstate Crashes M19�111k IEGI c are( mt ;�rut;ntw.eas— "4eckwarM,p, Roanoke Region August, 2018 Roanoke City Alcohol Crash Statistics Report of ('rashr%j ,-r January i" -June 310"t' Available Crash Data - Partial Year 2015 2016 2017 2018" All Crashes 935 841 466 425 Fatal Crashes 2 5 7 2 Serious Injury Crashes 22 25 23 25 All Injury Crashes 69 192 129 117 Alcohol Crashes 60 44 42 34 Alcohol Fatal Crashes 2 4 4 Highest Time Period(s) Midnight - 2:59am 6:00pm- 8 :59pm $:ODpm- 8:59pm No 1100%) (76 %) (50 %) Alcohol Highest Day(s) Saturday • Sunday Friday Wednesday Fatalities (toes%) (60%) (sos) Highest Month(s) January - March February April • February (100x) (75%) (50%) Alcohol Serious Injury Crashes 3 :00pm- S:S9pm Highest Time Petiod(s) Midnight - 2.59am 6:OOpm- 8:59pm 6•DOprtt• 8:59prrl 9:ODpm - 11:59pm (40 %) 467x1, (SW4) (40 %) Highest Oay(s) Monday Saturday • Thursday Monday • Saturday Sunday (60 %) (66%) (100%) (60 %) Highest Month(5) May February • March May April (40%) (66 %) (w%) (40%) Alcohol injury Crashes 19 12 13 13 6 OOpm- 8:59pm Highest Time Periods) Midnight - 2:59am 6;OOpm- 8 59pm Midnight - 2:59am 9:00pm - 11:59pm (52%1 (33114) (36x) (38 %) Highest Day(s) Sunday Saturday Saturday Sunday 426%) (80%) 146 %) (36 %) Highest Month(s) June February • March June January (37%) (50%) (38 %) (31 %) 2017 — rw.,... • Alcohol Fatal Inlcrstatc Crashc% It Alcohol Scnous Injury [rncruxi: Crashes The h- grad -cm represents the 1(ennty Oral; wcOhal .;.r.hC, Ihn report contains prel —nary data • Alcahol Fatal Nun interstate Craslscs • Alcohol Serious injury Non mietstalu: Crashes NsatXl� RCX tFaa rx{..s ... pnrrare3 bw ar< l mtv f =. (i�ry+r;u3 3n` +miWarm rrct¢ninpr c�hS IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of September, 2018. No. 41252 - 091718. A RESOLUTION authorizing the acceptance of the 2019 Department of Motor Vehicles Traffic Safety (Selective Enforcement — Speed) Grant to the City from the Virginia Department of Motor Vehicles, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts the 2019 Department of Motor Vehicles Traffic Safety (Selective Enforcement — Speed) Grant in the amount of $16,000, to be used for traffic enforcement targeting drivers who are speeding. This grant, which requires a $8,000 in- kind match and includes a voluntary cash match of $1,224 by the City, such being more particularly described in the City Council Agenda Report dated September 17, 2018. 2. The City Manager is hereby authorized to execute and file, on behalf of the City, any documents setting forth the conditions of the grant in a form approved by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required by the Virginia Department of Motor Vehicles, in connection with the application and acceptance of the foregoing grant. ATTEST: u 44,2., City Clerk R -DMV Traffic Safety (Selective Enforcement - Speed) Grant 2019 917.18.doc r IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of September, 2018. No. 41253 - 091718. AN ORDINANCE to appropriate funding from the U.S. Department of Transportation through the Commonwealth of Virginia Department of Motor Vehicles for a speed enforcement traffic safety grant, amending and reordaining certain sections of the 2018 -2019 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 2018 -2019 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Overtime Wages FICA Revenues DMV Speed FY19 - Grant DMV Speed FY19 - Local 35- 640 - 3910 -1003 $ 16,000 35- 640 - 3910 -1120 1,224 35- 640 - 3910 -3910 16,000 35- 640 - 3910 -3911 1,224 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: September 17, 2018 Subject: 2019 Department of Motor Vehicles (DMV) Traffic Safety (Selective Enforcement - Speed) Grant Background: The Virginia DMV is the administering agency for pass- through funds provided by the United States Department of Transportation for highway safety projects in Virginia. The Virginia DMV offers these funds to successful applicants for activities which improve highway safety in Virginia. The police department regularly applies for grant funding under this program. The police department has been awarded $16,000 in funding to be used for traffic enforcement targeting drivers who are speeding. This funding will allow the Roanoke Police Department to fund overtime traffic enforcement. There is a required 50% in -kind match of $8,000 associated with this award that will be satisfied through the police department's expenditure on motor fuel and vehicle operation. The grant specifically prohibits FICA related to overtime therefore this related necessary expense will be included as a voluntary cash match of $1,224. Recommended Action: Accept the 2019 DMV Traffic Safety described above and authorize the agreement and any related documents; to form by the City Attorney. (Selective Enforcement - Speed) Grant City Manager to execute the grant all such documents to be approved as Adopt the accompanying budget ordinance to establish a revenue estimate in the amount of $17,224 consisting of $16,000 in grant revenue and $1,224 in a cash match to be transferred from the grant match account and :appropriate funding in the same amount into an account to be established by the Director of Finartr-e -in tbee—rant Fund. Robert S` Cowell, Jr. City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager Amelia C. Merchant, Director of Finance Timothy S. Jones, Chief of Police OA?www. dI N16A/ com HIGHWAY SAFETY GRANT AGREEMENT Vagina Department of Motor Veh,c'es Post Off'ce Box 27412 Richmond Virginia 2320 0_ "-: 1 Purpose: Virginia's Highway Safety Program Subrecipients use this form to certify and assure that they will fully comply with all terms of the Highway Safety Grant Agreement. Instructions: Subrecipienls must read the contract, complete all applicable information on the first and last page, initial the subsequent pages, and return all pages to the Department of Motor Vehicles, This Highway Safety Grant Agreement is entered into between the Virginia Department of Motor Vehicles (hereinafter "Department "), 2300 West Broad Street, Richmond, Virginia 23220, and the following: Subrecipient: Federal Award Identification Number (FAIN): Roanoke City 69A37518300004020VA0 Project Title: Selective Enforcement - Speed Pro ect Number: FSC- 2019 -59381 -9381 Assistance Listings #: 20.600 Grant Award Amount: $ 16,000.00 Assistance Listings Name: State and Community Highway Safety Period of Performance: Source of funds obligated to this award: From October 1, 2018, or the date the Highway Safety Grant U.S. Department of Transportation Agreement is signed by the Director, Virginia Highway Safety Office National Highway Traffic Safety Administration (NHTSA) (whichever is later) through September 30, 2019. Allow 21 days for the Department to complete its review and signature. FINAL VOUCHER IS DUE ON OR BEFORE NOVEMBER 5, 2019. Date of Award Letter from NHTSA: September 30, 2018 In performing its responsibilities under this Highway Safety Grant Agreement, the Subrecipient certifies and assures that it will fully comply with the following • Applicable Department regulations and policies and State and Federal laws, regulations, and policies • Statement of Work and Special Conditions and an Approved Budget, included with this Highway Safety Grant Agreement • General Terms and Conditions, also included with this Highway Safety Grant Agreement Subrecipient's signature below indicates that the Subrecipient has read, understands and agrees to fully comply with all terms and conditions of this Highway Safety Grant Agreement without alteration. This Highway Safety Grant Agreement (hereinafter "Grant Agreement "), consisting of this certification, the attached Statement of Work and Special Conditions, the attached General Terms and Conditions, the attached Project Budget, the Subrecipient's proposal and the letter awarding the grant to the Subrecipient constitutes the entire agreement between the Department and the Subrecipient, supersedes any prior oral or written agreement between the parties and may not be modified except by written agreement as provided herein. Where any conflict arises between terms, the following is the order of governance of one term over another: (1) applicable Department regulations and policies, except where superseded by Federal laws, regulations, or policies; (2) applicable State laws, regulations, and policies, except where superseded by Federal laws, regulations, or policies, (3) applicable Federal laws, regulations, and policies; (4) Statement of Work and Special Conditions; (5) General Terms and Conditions; (6) Project Budget: (7) Subrecipient's proposal; and (8) grant award letter, Subrecipient certifies that this grant does not include research and development. For Subrecipient: SIGNATURES OF AUTHORIZED APPROVING OFFICIALS For Virginia Department of Motor Vehicles: Captain Stephen E, iCeatts Investigations John Saunders Name and Title of Project Director (print) Director, Virginia Highway Safety Office (print) Signature Date Signature Date Subrecipient's DUNS Number 1115173270000 Does your locality /legal entity expend $750,000 or more annually in total federal funds? (check one) X Yes _____No Robert S. Cowell, Jr. City Manager Name and Title of Authorized Approving Official (print) Signature Daie OAWHKR'Y Department of Motor Vehicles Grant Budget Lines Date Run: 06-AUG -2018 FSC -2019 - 59381 - 9381 - Roanoke City PM: Steven Williams Project Director Initials Date Category Line Item Desc lndividual OtY Cost Total Cost Fed Fund Amount Matching Funds Personnel Approximately 500 hours of overtime at $32.00 per hour 500 32.00 16,000 00 16,000.00 0.00 Matching Funds Fuel and Vehicle Maintenance 1 8,000.00 _._ 8.000.00 000 8A00.00 Total: 24,000.00 _ 16,000.00 8000.00 TSS 012G -SC (0710112018) Page 3 Sub- recipient Name: Roanoke City Project #: FSC- 2019 -59381 -9381 STATEMENT OF WORK AND SPECIAL CONDITIONS 1. Goals and Speck Program Elements. The goals and specific program elements of the sub - recipient's proposal are incorporated as the first item in this Statement of Work and Special Conditions. a. List Specific Program Elements: For October 1, 2018 through December 31, 2018 Estimated 150 number of overtime hours to be used Estimated 25 number of overtime individual /saturation patrols For January 1, 2019 through March 31, 2019 Estimated 100 number of overtime hours to be used Estimated 16 number of overtime individual /saturation patrols For April 1, 2019 through June 30, 2019 Estimated 100 number of overtime hours to be used Estimated 16 number of overtime individual/saturation patrols For July 1, 2019 through September 30, 2019 Estimated 150 number of overtime hours to be used Estimated 25 number of overtime individual /saturation patrols b. To conduct a minimum of 2 overtime individual /saturation patrols during the Click It or Ticket Mobilization in May 2019. c. To conduct a minimum of 2 overtime individual /saturation patrols during the Checkpoint Strike Force Campaign. d. To have 10 number of sworn officers attend 1 number DMV approved traffic safety related training events (e.g. Virginia Highway Safety Summit, Radar Certification Schools, Small Agency Symposium). e. Increase from number of radar units in active use from 80 to 80 . (If approved, all units must be ordered by December 31, 2018 and put in service by March 31, 2019). Project Director Initial Date Sub - recipient Name: Roanoke City TSS Oi2G -SC (07101/2018) Page 3A Project #: FSC -2019- 59381 -9381 2. The sub - recipient must contribute to the overall State Highway Safety Plan goals. SPEED STATEWIDE GOAL: Decrease speed - related fatalities 7 percent from the 2016 calendar base year of 316 to 294 by December 31, 2019. AGENCY GOAL: Return speed related fatalities to 0 by the end of FY2019- Reduce the number of speed related crashes by 5 by the end of FY 2019 BASED ON SPEED - RELATED CRASH DATA (using crash data from VAHSO or other approved local crash Information): 50 percent of speed control selective enforcement activities are to be conducted between the hours of 6:00 p.m. - 2:59 a.m. with special! emphasis on the following days of the week: Sunday, Monday, Wednesday Thursday, Saturday The remaining 50 percent of selective enforcement hours may be scheduled during other DMV approved identified high -crash time periods. • Enforcement is to be conducted using data - identified problem locations. • Grant - funded equipment must be ordered by December 31, 2018, and put in service by March 31, 2019, and documentation maintained concerning its use. • All sub - recipients must submit a completed monitoring report (TSS 14 -A) to their DMV Grant Monitor by specific assigned dates. • Sub - recipients must attend all mandatory DMV grant - related trainings. Zero tolerance (no warnings) for violators during grant- funded overtime. Project Director Initial Date TSS 012B (07/0112018) Page 4 HIGHWAY SAFETY GRANT AGREEMENT GENERAL TERMS AND CONDITIONS Purpose and Background. The Department is awarding this grant to support the implementation of highway safety projects by State, local, non - profit, and higher education partnerships. Funds are made available for projects that: (1) support statewide goals; (2) identify problems experienced by High Emphasis Communities, which are jurisdictions with the highest crash severity problem; (3) creatively incorporate alcohol awareness and occupant protection safety; (4) are innovative with potential statewide application or ability to transfer to other jurisdictions; and (5) have statewide significance and address the Federal program areas under 23 USC (United States Code), Chapter 4: Highway Safety and 23 USC 154 (Section 154). 2. Paid Media. Grants consisting of $100,000 or more in paid media funds will be required to perform pre- and post - surveys during the Grant Period. The level of assessment is based on the cost of a paid advertising campaign as follows: A. Level 1, for a paid advertising campaign of up to $100,000: At a minimum, an assessment must measure and document audience exposure to paid advertised messages and the number of airings or print ads devoted to each announcement. The size of the audience needs to be estimated using a source appropriate for the medium used, such as Arbitron or Nielsen ratings for radio and TV. More specifically, all paid advertising for which the State or Subrecipient used 154, 402 and 405 funds must include documentation stating how many paid airings or print ads occurred and the size of the audience reached. Include the number of free airings or print ads that occurred and the size of the audience reached. B. Level 2, for a paid advertising campaign greater than $100,000: In addition to providing the above Level 1 documentation, a more extensive assessment is required to measure target audience reaction. One or more of the activities in the following list may be used to assess how the target audience's knowledge, attitude, or actions were affected by the message(s): 1. Mail surveys; 2. Telephone surveys; 3. Focus groups; 4. Mall intercept interviews; 5. Direct mailings; 8. Call -in centers; 7. Newspaper polls; 8. Household interviews; 9. Before and after approach, which compares system status before and after the introduction of the message; and 10. Control region approach, which relates one study site exposed to the message to a similar site that is not exposed to the message. 3. Equipment. Costs for equipment are allowable under specified conditions. Costs for new and replacement equipment with a useful life of more than one year and an acquisition cost of $5,000 or more must be pre - approved before a Subrecipient purchases the equipment. Such approval shall be obtained by the Department from the National Highway Traffic Safety Administration (NHTSA) regional manager In writing, and Subrecipient will be notified by the Department when this approval has been secured. Federal government requirements mandate that the Department maintain an accurate accounting and inventory of all equipment purchased using Federal funds, and Subrecipient shall comply with applicable reporting requirements that may be specified in the Highway Safety Policy and Procedures Manual and amendments thereto. Subrecipient must request advance, written approval from the Department and NHTSA to sell, transfer or dispose of any and all non - expendable equipment purchased in whole or in part with the use of Federal highway safety funds. Disposition of funds from the sale of equipment to another Project Director's Initials TSS 0126 (07/0112618) Page 5 entity must be agreed upon by the Department and the Subrecipient and approved by NHTSA and the Department. in the event of a conflict between this section, 2 CFR (Code of Federal Regulations) Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards), Sections 200.313 and 200.439, 2 CFR Part 1300 (Uniform Procedures for State Highway Safety Grant Programs) Section 1300.31, and 2 CFR Part 1201 (Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards) Section 1201.313, the provisions of the applicable CFR control, except where inconsistent with statute. 4 Reports and Deliverables. Quarterly Progress and Monitor Reports shall be provided to the Department by the dates indicated: January 31, April 30, July 31, and November 5. Each Progress and Monitor Report shall address the Subrecipient's progress in fulfilling items listed in the Statement of Work and Special Conditions, including funded elements of the Subrecipient's proposal. These reports should include the findings from the evaluation component of the proposal and should indicate the criteria and methods by which the progress of the initiative has been evaluated. The format for Progress and Monitor Reports will be provided to the Subrecipient, but, at a minimum, will require an assessment of the program's plan with actual accomplishments during the past quarter, partnership involvement and satisfaction, expected follow -up, changes /problems with the plan and how they will be addressed, a financial summary of expenditures for the reporting period and planned accomplishments during the next quarter. The final Progress and Monitor Report shall include a comprehensive, detailed report of all grant activities conducted during the full grant performance period, including a final summary of expenditures. Monitoring. The Department shall, throughout the Grant Period under this Grant Agreement and any extension of the program which is the subject of the Grant Agreement, monitor and evaluate the events, activities and tasks performed in connection with the program to include financial feasibility and progress of the grant and the Subrecipient's continuing fiscal responsibility and compliance with applicable requirements and the terms and conditions of this Grant Agreement. Such monitoring and evaluation shall not in any manner relieve or waive any obligations of Subrecipient under this Grant Agreement or pursuant to applicable State and Federal law, regulations or rules. Any representation to the contrary by the Subrecipient to any third party is strictly prohibited and may be grounds for the termination of this Grant Agreement by the Department. 5. Audit. Subrecipients expending $750,000 or more in Federal awards (single or multiple awards) in a year are required to obtain an annual audit in accordance with the Single Audit Act (Public Law 98 -502) and subsequent amendments (refer to 2 CFR Part 200 and 2 CFR Part 1201), and the American Institute of Certified Public Accountants' (AICPA) Statement on Auditing Standards (SAS) 99, Consideration of Fraud in a Financial Statement Audit. The audit report must be submitted to DMV by March 15. Subrecipients are encouraged to submit their audit report to the Federal Audit Clearinghouse (FAC) at httn:/ /harvester census.q_ov /sac1. Failure to meet the single audit requirements could result in your entity having to repay grant monies and /or losing access to future Federal funding. The State auditor may conduct an audit or investigation of any entity receiving funds from the Department, either directly under the Grant Agreement or indirectly through a subcontract under the Grant Agreement. Acceptance of funds directly or indirectly under the Grant Agreement constitutes acceptance of the authority of the State auditor to conduct an audit or investigation in connection with those funds. In the event an audit reveals unallowable expenditures, the Subrecipient will be responsible for repayment to the Department of such unallowable expenditures. 6. Closeout. Subrecipients are required to submit final requests for reimbursements and final Progress Reports according to the schedule identified in this Grant Agreement. Requests for reimbursements submitted after November 5 will be denied. Project Director's Initials TSS 0128 (07/01/2018) Page 6 Article 1. COMPLIANCE WITH LAWS The Subrecipient shall comply with all Federal, State, and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of arty courts or administrative bodies or tribunals in any matter affecting the performance of the Grant Agreement, including, without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, nondiscrimination laws and regulations, and licensing laws and regulations. When required, the Subrecipient shall furnish the Department with satisfactory proof of its compliance therewith. Article 2. STANDARD ASSURANCES The Subrecipient hereby assures and certifies that it will comply with all applicable laws, regulations, policies, guidelines, and requirements, including 23 USC Chapter 4: Highway Safety; 2 CFR Part 200 and 2 CFR Part 1201; 23 CFR Part 1300; the Federal Highway Safety Grant Funding Guidance (Revised 2013); the Procedures for the Transportation Safety Grants Program and subsequent amendments; and the Guidelines for the Submission of Highway Safety Grant Applications, as they relate to the application, acceptance, and use of Federal or State funds for this project. Also, the Subrecipient assures and certifies that: A. It possesses legal authority to apply for the grant and that a resolution, motion, or similar action has been duly adopted or passed as an official act of the Subrecipient's governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the authorized approving official of the Subrecipient to act in connection with the application and to provide such additional information as may be required. B. It will comply with the Federal Fair Labor Standards Act's minimum wage and overtime requirements for employees performing project work. C. It will comply with all requirements imposed by the Department concerning special requirements of law, program requirements, and other administrative requirements. D. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. E. It will comply with the Virginia State and Local Government Conflict of Interests Act, Va. Code §§ 2.2 -3100 et seq., which defines and prohibits inappropriate conflicts and requires disclosure of economic interests and is applicable to all State and local government officers and employees. F. It will give the Department the access to and the right to examine all records, books, papers, or documents related to the Grant Agreement. G. it will ensure that all public records prepared or owned by, or in the possession of, the applicant relative to this project shall be open to inspection and copying by any citizens of the Commonwealth during regular office hours in accordance with the provisions of the Virginia Freedom of Information Act, Va. Code §§ 2.2 -3700 et seq., unless otherwise specifically provided by law. H. If applicable, it will comply with the provisions of the Virginia Freedom of Information Act, Va. Code §§ 2.2 -3700 et seq., which require all meetings of public bodies to be open and every public body to give notice of its meetings and to record minutes at ail open meetings. Article 3. GRANT AWARD COMPENSATION A. The method of payment for the Grant Agreement will be based on actual costs incurred up to and not to exceed the limits specked in the Grant Agreement. The amount stated in the Project Budget will be deemed to be the amount of the award to the Subrecipient. B. Reimbursement for travel costs shall be subject to the requirements and limitations set forth in the State Travel Regulations established by the Virginia Department of Accounts. Project Director's initials TSS 0129 (07101/2018) Page 7 C. All payments will be made in accordance with the terms of the Grant Agreement. The maximum amount eligible for reimbursement shall not be increased above the total amount stated in the Project, unless the Grant Agreement is amended as described in Article 5, Amendments and Modifications to Grant Agreement. D. To be eligible for reimbursement under the Grant Agreement, a cost must be incurred in accordance with the Grant Agreement, within the time frame specified in the Grant Period as stated in the Grant Agreement, attributable to work covered by the Grant Agreement, and which has been completed in a manner satisfactory and acceptable to the Department. Costs related to contractual fees require additional documentation in order to be eligible for reimbursement. The Subrecipient must submit a copy of each contract prior to requests for reimbursement and allow sufficient time for review and approval to ensure that services and products provided are allowable expenses and attributable to work covered by the Grant Agreement. E. Federal or Department funds cannot supplant (replace) funds from any other sources. The term "supplanting" refers to the use of Federal or Department funds to support personnel or an activity already supported by local or State funds, or, other resources that would otherwise have been made available for the grant program. F. Payment of costs incurred under the Grant Agreement is further governed by 2 CFR Part 200 and 2 CFR Part 1201. G. A Subrecipient may request an Indirect Cost Rate for grants that are not enforcement related The Subrecipient must submit a copy of their Federally negotiated indirect cost rate. A Subrecipient that does not have a Federally negotiated indirect cost rate, may submit a letter requesting a de minimis indirect cost rate of 10% of modified total direct costs (2 CFR § 200.414(f)). Payment for indirect costs will not be made until the aforementioned documents have been received by the Department. Indirect cost references and information can be found in various parts of 2 CFR Part 200. H The Subrecipient will provide a monetary and/or in -kind match to the funded proposal. The required matching percentage of the project cost will be determined by the Department. Grant funds may not be used before the Subrecipient can demonstrate that funds for the corresponding portion of the matching requirement have been received by Subrecipient. A matching report must be submitted with each reimbursement voucher and the Subrecipient must keep documentation related to matching funds in the project file. 1. The Subrecipient agrees to submit Requests for Reimbursement on a quarterly basis or no more than one request per month, as outlined in the Highway Safety Policy and Procedures Manual. The original Request for Reimbursement, with the appropriate supporting documentation, must be submitted to the DMV Grants Management Office. The Subrecipient agrees to submit the final Request for Reimbursement under the Grant Agreement within thirty - five (35) days of the end of the Grant Period or November S. All grant funds must be encumbered by the end of the grant period (September 301, complete with supporting invoices. At the end of the Grant Period, any unexpended or unobligated funds shall no longer be available to the Subrecipient. In no case shall the Subrecipient be reimbursed for expenses incurred prior to the beginning or after the end of the Grant Period. J. The Department will exercise good faith to make payments within thirty (30) days of receipt of properly prepared and documented Requests for Reimbursement. Payments, however, are contingent upon the availability of appropriated funds. K. Grant Agreements supported with Federal or State funds are limited to the length of the Grant Period specified in the Grant Agreement. If the Department determines that the project has demonstrated merit or has potential long -range benefits, the Subrecipient may apply for funding assistance beyond the initial Grant Period. Preference for funding will be given to those projects for which the Subrecipient has assumed some cost sharing, those which propose to assume the largest percentage of subsequent project costs, and those which have demonstrated performance that is acceptable to the Department. Project Director's Initials TSS 0128 (0710112018) Page a L. When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part with Federal money, including this Grant Agreement, the Subrecipient shall clearly state (1) the percentage of the total cost of the program or project which will be financed with Federal money, and (2) the dollar amount of Federal funds provided for the project or program. Article 4. LIMITATION OF LIABILITY Payment of costs incurred hereunder is contingent upon the availability of appropriated funds. If, at any time during the Grant Period, the Department determines that there is insufficient funding to continue the project, the Department shall so notify the Subrecipient, giving notice of intent to terminate the Grant Agreement, as specified in Article 11, Termination. Article S. AMENDMENTS AND MODIFICATIONS TO GRANT AGREEMENT The Grant Agreement may be amended prior to its expiration by mutual written consent of both parties, utilizing the Grant Agreement Amendment form designated by the Department. Any amendment must be executed by the parties within the Grant Period specified in the Grant Agreement. Any proposed modifications or amendments to this Grant Agreement as defined in Article 6, Additional Work and Changes in Work, including the waiver of any provisions herein, must b6 submitted to the Department in writing and approved as herein prescribed prior to Subrecipient's implementation of the proposed modification or amendment. Any alterations, additions, or deletions to the Grant Agreement that are required by changes in Federal or State laws, regulations or directives are automatically incorporated on the date designated by the law, regulation or directive. The Department may unilaterally modify this Grant Agreement to de- obligate funds not obligated by the Subrecipient as of the close of the Grant Period specified in this Grant Agreement. In addition, the Department may de- obligate funds in the event of termination of the Grant Agreement pursuant to Article 11, Termination. Article 6. ADDITIONAL WORK AND CHANGES IN WORK If the Subrecipient is of the opinion that any assigned work is beyond the scope of the Grant Agreement and constitutes additional work, the Subrecipient shall promptly notify the Department in writing. If the Department finds that such work does constitute additional work, the Department shall so advise the Subrecipient and a written amendment to the Grant Agreement will be executed according to Article 5, Amendments and Modifications to Grant Agreement, to provide compensation for doing this work on the same basis as the original work. If performance of the additional work will cause the maximum amount payable to be exceeded, the work will not be performed before a written grant amendment is executed. If the Subrecipient has submitted work in accordance with the terms of the Grant Agreement but the Department requests changes to the completed work or parts thereof which involve changes to the original scope of services or character of work under the Grant Agreement, the Subrecipient shall make such revisions as requested and directed by the Department. This will be considered additional work and will be paid for as specified in this Article. If the Subrecipient submits work that does not comply with the terms of the Grant Agreement, the Department shall instruct the Subrecipient to make such revisions as are necessary to bring the work into compliance with the Grant Agreement. No additional compensation shall be paid for this work. The Subrecipient shall make revisions to the work authorized in the Grant Agreement, which are necessary to correct errors or omissions appearing therein, when required to do so by the Department. No additional compensation shall be paid for this work. The Department shall not be responsible for actions by the Subrecipient or any costs incurred by the Subrecipient relating to additional work not directly associated with or prior to the execution of an amendment. Project Director's Initials TSS 0128 (07/01/201B) Page 9 Article 7. REPORTING AND NOTIFICATIONS Subrecipients shall submit performance reports using forms provided and approved by the Department as outlined in the Statement of Work and Special Conditions, Section 4, Reports and Deliverables. The Subrecipient shall promptly advise the Department in writing of events that will have a significant impact upon the Grant Agreement, including: A. Problems, delays, or adverse conditions, including a change of project director or other changes in Subrecipient personnel that will materially affect the Subrecipient's ability to attain objectives and performance measures, prevent the meeting of time schedules and objectives, or preclude the attainment of project objectives or performance measures by the established time periods. This disclosure shall be accompanied by a statement of the action taken or contemplated and any Department or Federal assistance needed to resolve the situation. B. Favorable developments or events that enable Subrecipient to meet time schedules and objectives earlier than anticipated or to accomplish greater performance measure output than originally projected. Article 8. RECORDS The Subrecipient agrees to maintain all reports, documents, papers, accounting records, books, and other evidence pertaining to costs incurred and work performed hereunder, and Subrecipient shall make such records available at its office for the time period specified in the Grant Agreement. The Subrecipient further agrees to retain such records for three (3) years from the date of final payment under the Grant Agreement, until completion of all audits, or until any pending litigation has been completely and fully resolved, whichever occurs last. Any representative of the U.S. Secretary of Transportation, the Comptroller General of the United States, the General Accounting Office, the Virginia Office of the Secretary of Transportation, the Virginia Department of Motor Vehicles, the Virginia State Comptroller or the Virginia Auditor of Public Accounts shall have access to and the right to examine any and all books, documents, papers and other records (including computer records) of the Subrecipient that are related to this Grant Agreement, in order to conduct audits and examinations and to make excerpts, transcripts, and photocopies. This right also includes timely and reasonable access to the Subrecipient's personnel and program participants for the purpose of conducting interviews and discussions related to such documents. The Department's right to such access shall last as long as the records are retained as required under this Grant Agreement, Article 9. INDEMNIFICATION The Subrecipient, if other than a government entity, agrees to indemnify, defend and hold harmless the Commonwealth of Virginia, its officers, agents, and employees from any claims, damages and actions of any kind or nature, whether at law or in equity, arising from or caused by the acts or omission of the Subrecipient, its officers, agents or employees. The Subrecipient, if other than a government entity, further agrees to indemnify and hold harmless the Commonwealth of Virginia, its officers, agents, and employees from any costs including, but not limited to, attorney fees and court costs, incurred by the Department in connection with any such claims or actions. If the Subrecipient is a government entity, both parties to the Grant Agreement agree that no party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds, as well as the acts and deeds of its contractors, employees, representatives, and agents, Article 10. DISPUTES AND REMEDIES The Subrecipient shall be responsible for the settlement of all contractual and administrative issues arising out of procurement made by the Subrecipient in support of Grant Agreement work. Disputes concerning performance or payment shall be submitted to the Department for settlement, with the Director of the Virginia Highway Safety Office or his or her designee acting as final referee. Project Director's Initials TSS 0128 (07101/2018) Page 10 Article 11. TERMINATION The Department may terminate the Grant Agreement, in whole or in part, for cause if the Subrecipient fails to fulfill its obligations under the Grant Agreement fails to comply with any applicable Department policy or procedure or any applicable Federal, State or local law, regulation or policy; or fails to correct a violation of any such law, regulation, policy or procedure. This does not limit any other termination rights that the Department may have under State or Federal laws, regulations or policies. The Grant Agreement shall remain in effect until the Subrecipient has satisfactorily completed all services and obligations described herein and these have been accepted by the Department, unless: A. The Department terminates the Grant Agreement for cause and informs the Subrecipient that the project is terminated immediately; or B. The Department determines that the performance of the project is not in the best interest of the Department and informs the Subrecipient that the project is terminated immediately; or C. The Grant Agreement is terminated in writing with the mutual consent of both parties; or D. There is a written thirty (30) day notice to terminate by either party. The Department shall compensate the Subrecipient for only those eligible expenses incurred during the Grant Period specified in the Grant Agreement which are directly attributable to the completed portion of the work covered by the Grant Agreement, provided thatlhe work has been completed in a manner satisfactory and acceptable to the Department. The Subrecipient shall not incur nor be reimbursed for any new obligations after the effective date of termination Article 12. SUBCONTRACTS No portion of the work specified in the Grant Agreement shall be subcontracted without the prior written consent of the Department. In the event that the Subrecipient desires to subcontract part of the work specked in the Grant Agreement, the Subrecipient shall furnish the Department the names, qualifications and experience of their proposed subcontractors. For purposes of the Grant Agreement, subcontractor(s) shall include, but are not limited to, recipients of mini grants and parties to cooperative agreements and memoranda of understanding. The Subrecipient, however, shall remain fully responsible for the work to be done by its subcontractor(s) and shall assure compliance with all the requirements of the Grant Agreement. In any agreement entered into with a subcontractor, the Subrecipient shall include or Incorporate by reference all language contained in the Statement of Work and Special Conditions and in the General Terms and Conditions portions of this Highway Safety Grant Agreement, and the subcontractor shall agree to be bound by all requirements contained therein. Article 13. NONCOLLUSION The Subrecipient certifies that its grant application was made without collusion or fraud, and it has not conferred on any public employee having official responsibility for the Highway Safety Grant process any loan, gift, favor, service or anything of more than nominal value, present or promised, in connection with its application. If Subrecipient breaches or violates this certification, the Department shall have the right to annul this Grant Agreement without liability. Article 14. SUBRECIPiENT'S RESOURCES The Subrecipient certifies that it presently has adequate qualified personnel in its employment to perform the work required under the Grant Agreement, or that Subrecipient wilt be able to obtain such personnel from sources other than the Department. All employees of the Subrecipient shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of the Subrecipient who, in the opinion of the Department, is incompetent or whose conduct becomes detrimental to the project shall immediately be removed from association with the project. Project Director's Initials TSS 012E (0710112016) Page 11 Unless otherwise specified, the Subrecipient shall furnish all equipment, materials, supplies, and other resources required to perform the work. Article 16. SUBRECIPIENT SEAT BELT USE The Subrecipient agrees to adopt and enforce an on-the-job seat belt use policy requiring all employees to wear a seat belt when operating any vehicle owned, leased or rented by the Subrecipient, including police vehicles. Article 16. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE The Subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. Article 17. PROCUREMENT AND PROPERTY MANAGEMENT The Subreciplent shall establish and administer a system to procure, control, protect, preserve, use, maintain, and dispose of any property furnished to it by the Department or purchased pursuant to the Grant Agreement in accordance with Virginia law and Department policies and procedures, provided that such laws, policies and procedures are not in conflict with Federal standards, as appropriate, in 2 CFR Part 200 and 2 CFR Part 1201. In the event of conflict, such Federal standards shall apply unless Virginia law or Department policies or procedures impose more strict requirements than the Federal standards. Article 18. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY All copyright and patent rights to all papers, reports, forms, materials, creations, or inventions created or developed in the performance of this Grant Agreement shall become the sole property of the Commonwealth in accordance with Va. Code §2.2 -2822 and Executive Memorandum 4 -95. On request, the Subrecipient shall promptly provide an acknowledgment or assignment in a tangible form satisfactory to the Commonwealth to evidence the Commonwealth's sole ownership of specifically identified intellectual property created or developed during the performance of the Grant Agreement. Article 19. RESEARCH ON HUMAN SUBJECTS The Subrecipient shall comply with the National Research Act, Public Law 93 -348, regarding the protection of human subjects involved in research, development, and related activities supported by the Grant Agreement. Article 20. ASSIGNMENT The Grant Agreement shall not be assignable by the Subrecipient in whole or in part without the written consent of the Department. Article 21. NONDISCRIMINATION A. The Subrecipient WILL COMPLY WITH ALL Federal statutes and implementing regulations relating to nondiscrimination ( "Federal Nondiscrimination Authorities "). These include, but are not limited to: 1. Title Vl of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin) and 49 CFR part 21; 2. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); Project Director's Initials T5S 012® (07/0112018) Page 12 3. Federal -Aid Highway Act of 1973, (23 U.S.C. 324 at seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681 -1683 and 1685 -1686) (prohibit discrimination on the basis of sex); 4. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 at seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27; 5. The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 at seq.), (prohibits discrimination on the basis of age); 6. The Civil Rights Restoration Act of 1987, (Pub. L. 100 -209), (broadens scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally - funded or not); 7. Titles 11 and III of the Americans with Disabilities Act (42 U.S.C. 12131 - 12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38; 8. Executive Order 12898, Federal Actions To Address Environmental Justice in Minority Populations and Low - Income Populations (prevents discrimination against minority populations by discouraging programs, policies, and activities with disproportionately High and adverse human health or environmental effects on minority and low - income populations); and 9. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (guards against Title V) national origin discrimination /discrimination because of limited English proficiency (LEP) by ensuring that funding recipients take reasonable steps to ensure that LEP persons have meaningful access to programs (70 FR at 74087 to 74100). B. The Subrecipient entity — 1. Will take all measures necessary to ensure that no person in the United States shall, on the grounds of race, color, national origin, disability, sex, age, limited English proficiency, or membership in any other class protected by Federal Nondiscrimination Authorities, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any of its programs or activities, so long as any portion of the program is Federally- assisted. 2. Will administer the program in a manner that reasonably ensures that any of its subrecipients, contractors, subcontractors, and consultants receiving Federal financial assistance under this program will comply with all requirements of the Non - Discrimination Authorities identified in this Assurance; 3. Agrees to comply (and require its subrecipients, contractors, subcontractors, and consultants to comply) with all applicable provisions of law or regulation governing US DOT's or NHTSA's access to records, accounts, documents, information, facilities, and staff, and to cooperate and comply with any program or compliance reviews, and /or complaint investigations conducted by US DOT or NHTSA under any Federal Nondiscrimination Authority; 4. Acknowledges that the United States has a right to seek judicial enforcement with regard to any matter arising under these Non - Discrimination Authorities and this Assurance; 5. Agrees to insert in all contracts and funding agreements with other State or private entities the following clause: Project Director's initials TSS 012B (07101/2018) Page 13 "During the performance of this contract/funding agreement, the contractor /funding recipient agrees— a. To comply with all Federal nondiscrimination laws and regulations, as may be amended from time to time; b. Not to participate directly or indirectly in the discrimination prohibited by any Federal non- discrimination law or regulation, as set forth in appendix B of 49 CFR part 21 and herein; c. To permit access to its books, records, accounts, other sources of information, and its facilities as required by the State highway safety office, US DOT or NHTSA; d. That, in event a contractor /funding recipient fails to comply with any nondiscrimination provisions in this contract/funding agreement, the State highway safety agency will have the right to impose such contract/agreement sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to the contractor /funding recipient under the contract/agreement until the contractorlfunding recipient complies; and /or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part; and e. To insert this clause, including paragfaphs a through e, in every subcontract and subagreement and in every solicitation for a subcontract or subagreement that receives Federal funds under this program." C. Certifies that it has disclosed to the Department any administrative and /or court findings of noncompliance with nondiscrimination or equal opportunity laws, regulations or policies during the two preceding years. If the Subrecipient has been cited for noncompliance with these laws, regulations or policies, the Subrecipient will not be eligible to receive funding. Article 22. DRUG -FREE WORKPLACE The Subrecipient certifies that it will provide a drug -free workplace in accordance with the requirements of 29 CFR, Part 98, Subpart F (Drug -Free Workplace Requirements (Grants)). Article 23. BUY AMERICA ACT The Subrecipient will comply with the provisions of the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a subrecipient, to purchase only steel, iron and manufactured products produced in the United States with Federal funds, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification to and approved by the Secretary of Transportation. The National Highway Traffic Safety Administration (NHTSA) was granted a Buy America Act public interest waiver that became effective July 30, 2015, (Federal Register Vol. 80, No. 125, published June 30, 2015). This waiver allows a State or subreciplent to purchase any manufactured product with a purchase price of $5,000 or less, excluding a motor vehicle when the product is purchased using Federal grant funds administered under Chapter 4 of Title 23 of the United States Code. The "National Traffic and Motor Vehicle Safety Act of 1966" defines a motor vehicle as a vehicle driven or drawn by mechanical power and manufactured primarily for use on public streets, roads, and highways, but does not include a vehicle operated only on a rail line. See 49 USC 30102(a)(6). Therefore, the purchase of foreign -made cars, motorcycles, trailers and other similar conveyances must be made with a waiver regardless of price. Project Director's Initials TSS 0128 (07/01/2018) Page 14 Article 24. DISADVANTAGED BUSINESS ENTERPRISE It is the policy of the Department and the USDOT that Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, shall have the opportunity to participate in the performance of agreements financed in whole or in part with Federal funds. Consequently, the Disadvantaged Business Enterprise requirements of 49 CFR Part 26, apply to the Grant Agreement as follows: A. The Subrecipient agrees to ensure that Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, have the opportunity to participate in the performance of agreements and subcontracts financed in whole or in part with Federal funds. In this regard, the Subrecipient shall make good faith efforts, in accordance with 49 CFR Part 26, to ensure that Disadvantaged Business Enterprises have the opportunity to compete for and perform agreements and subcontracts. B. The Subrecipient and any subcontractor shall not discriminate on the basis of race, color, national origin, sex, disability, or age in the award and performance of agreements funded in whole or in part with Federal funds. These requirements shall be included in any subcontract or sub agreement. Failure to comply with the requirements set forth above shall constitute a breach of the Grant Agreement and, after the notification by the Department, may result in termination of the Grant Agreement by the Department or other such remedy as the Department deems appropriate. Article 25. DEBARMENT AND SUSPENSION A. The Subrecipient certifies, to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any State or Federal department or agency or otherwise excluded by any Federal or State department or agency; 2. Have not within a three (3) year period preceding this Grant Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, State, or local transaction or contract under a public transaction; violation of Federal or State antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted or otherwise criminally or civilly charged by a Federal, State, or local governmental entity with commission of any of the offenses enumerated in paragraph A 2. of this Article; and 4. Have not, within a three (3) year period preceding this Grant Agreement, had one or more Federal, State, or local transactions terminated for cause or default. B. Where the Subrecipient is unable to certify to any of the statements in this Article, such Subrecipient shall attach an explanation to the Grant Agreement. C. The Subrecipient is prohibited from making any subcontract or sub -award or permitting any subcontract or sub -award to any party that does not certify to the Subrecipient that such party meets the requirements set forth in Section A., Items 1-4 of this Article. When requested by the Department, Subrecipient shall furnish a copy of such certification. D. The Subrecipient shall require any party to a subcontract or purchase order awarded under the Grant Agreement to certify its eligibility to receive Federal grant funds, and, when requested by the Department, to furnish a copy of the certification. E. The Subrecipient shall provide immediate written notice to the Department if at any time the Subrecipient learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. F. The Subrecipient agrees to comply with the requirements of 2 CFR Parts 180 and 1200. Project Director's initials TSS 0128 (0710112018) Page 15 Article 26, POLITICAL ACTIVITY (HATCH ACT) The Subrecipient will comply with provisions of the Hatch Act (5 U.S.C. 1501- 1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. Article 27. FEDERAL LOBBYING CERTIFICATION The Subrecipient certifies to the best of his or her knowledge and belief that: A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Subrecipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the party to the Grant Agreement shall complete and submit Standard Farm -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C No funds under this Grant Agreement have been or will be expended for publicity or propaganda purposes, for the preparation, distribution or use of any kit, pamphlet, booklet, publication, radio, television, film presentation, or websitetwebpage designed to support or defeat legislation pending before the Congress, except in presentation to the Congress itself. In addition, grant funds shall not be used to pay the salary or expenses, in whole or in part, of any Subrecipient or agent acting for such Subrecipient related to any activity designed to influence legislation or appropriations pending before the Congress. D. The Subrecipient shall require that the language of this certification be included in the award documents for all sub - awards (including subcontracts, sub - grants, and contracts under grant, loans, and cooperative agreements) and that all subcontractors shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this Grant Agreement was made or entered into. Submission of this certification is a prerequisite for entering into this Grant Agreement imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Article 28. RESTRICTION ON STATE LOBBYING None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots ") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. No funds under this Grant Agreement have been or will be expended for publicity or propaganda purposes, for the preparation, distribution or use of any kit, pamphlet, booklet, publication, radio, television, film presentation, or websitelwebpage designed to support or defeat legislation pending before the Virginia General Assembly, except in presentation to the General Assembly itself. In addition, grant funds shall not be used to pay the salary or expenses, in whole or in part, of any Subrecipient or agent Project Director's Initials T SS 0128 (J7101/2018) Page 16 acting for such Subrecipient related to any activity designed to influence legislation or appropriations pending before the Virginia General Assembly. Article 29. INTERPRETATION AND ENFORCEABiLITY In the event any terms or provisions of this Grant Agreement are breached by either party or in the event that a dispute may arise between the parties regarding the meaning, requirements, or interpretation of any terms and provisions contained in this Grant Agreement, then such breach or dispute shall be resolved pursuant to the terms of this Grant Agreement and the remedies available under the Code of Virginia. If the Subrecipient is not a government entity, in the event the Department must initiate proceedings to enforce the terms and conditions of this Grant Agreement or seek redress for damages caused by Subrecipient's breach of this Grant Agreement, the Department shall be entitled to recover all costs including, without limitation, court costs and attorney fees, incurred in such proceedings. Article 30. ADDITIONAL PROVISIONS A. Signature Authorized. The Subrecipient's authorized approving official, signing the certification page of the Grant Agreement, has the legal authority to apply for Federal Assistance and has the institutional, managerial, and financial capability (including funds sufficient to pay the non - Federal share of project costs) to ensure proper planning, management and completion of the project described in this application. B. Headings. The captions and headings used in this Grant Agreement are intended for convenience only and shall not be used for purposes of construction or interpretation. C. Notice. All notices, requests and demands shall be directed as follows: To the Department: Virginia Department of Motor Vehicles ATTENTION: Director, Virginia Highway Safety Office Post Office Box 27412 Richmond, Virginia 23269 -0001 To Subrecipient: Any notice, unless otherwise specified herein, will be deemed to have been given on the date such notice is personally delivered or is deposited in the United States certified mail, return receipt requested, properly addressed and with postage prepaid. Project Director's Initials Roanoke Region 277 313 August, 2018 186 Roanoke City Speed Crash Statistics 2 Available Crash Data - Calendar Year 2014 2015 2016 2017 AN Crashes 1976 1928 1301 1017 Fatal Crashes 7 2 9 12 Serious Injury Crashes 45 58 44 50 AN Injury Crashes 470 423 318 294 Speed Crashes 277 313 217 186 Speed Fatal Crashes 2 1 3 3:OOpm- 5:59pm Highest Time Period(s) No Midnight - 2:59am 6:00pm- 8:59pm 6:00pm- 8:69pm a Speed (100 %) (100%) (66 %) Highest Days) Fatalities Saturday - Sunday Monday Sunday - Tuesday (100 %) (100%) (66 %) Highest Month(s) January - March February March - November (100%) (100%) (66 %) Speed Serious Injury Crashes 22 1 li Midnight - 2:59am Highest Time Period(s) Midnight - 2:59am 6:00pm- 8:59pm 6:00pm- 8:59pm Noon- 2:59pm (31 %) (32 %) (36 %) (s6 %) Highest Day(s) Saturday Monday - Thursday Monday Saturday - Sunday 123 %) i " %) (36 %) (66 %) Highest Month(s) August May January � June October (31 %) 127%) (28 %) (28 %) Speed Injury Crashes 80 94 64 66 3:00pm- 6:69pm Highest Time Period(s) 3:00pm- 5:59pm 3:00pm- 5:59pm 6:00pm- 8:59pm 6:00pm- 8:59pm (22 %) (23 %) (40%) (20`x) Highest Day(s) Sunday Monday Thursday Saturday (20%) (18%) (20 %) (23.4) Highest Month(s) September June May - October February (18X) (14 %) (28%) (17%) 2017 s Spccd Fatal tai mtatc Crashes s Spccd Fatal ;inn - atcnuue Clashes • Speed Serious tnjur} Intemate Crashes • Spccd Scrsous Injury tinn•intentate Crashcs NR4 r.uaecr The blue uadiem Mn ems the density or 0 speed crasher Tt•r'W^ wss g,--.d b, ft Ccewfor CK9,ty� tut lntom+aa+nSxfmtor? Roanoke Region 155 127 August, 2019 70 Roanoke City Speed Crash Statistics 2 1 1 Rr1wnnjCrtnhe.vfarJanuar7 P- .1une30ah Highest Time Period(s) Midnight - 2:59am Available Crash Data - Partial Year 2015 2016 2017 2018* Aft Crashes 935 841 456 425 Fatal Crashes 2 5 7 2 Serious Injury Crashes 22 25 23 25 All Injury Crashes 189 192 129 117 Speed Crashes 155 127 91 70 Speed Fatal Crashes 2 1 1 Highest Time Period(s) Midnight - 2:59am 6.00pm- 8:59pm 6:00pm- 8:59pm (100 %) (100%) (100%) No Speed Highest Day(s) Saturday • Sunday Monday Wednesday (100 %) (100x) (100%) Fatalities Highest Month(s) January • March February March (1on %) (100%) (100%) Speed Serious Injury Crashes 13 9 7 3:00pm - 5:59pm Highest Time Period(s) 6:00pm- 8:59pm 6:00pm- 8:59pm Midnight - 2:59am Midnight - 2:59atn 138 %) (50 %) (33 %) 158 %) J • Highest Day(s) Monday - Thursday Monday Sunday Friday (62%) (38%) 133 %) (43 %) Highest Month(s) May January . June May April • January (46 %) (50 %) 144%) (58%) Speed injury Crashes 48 37 37 16 Highest Time Periods) 3:00pm- 5:59ptn 6:00pm- 8:59pm 6:00pm- 8:59pm 9:00pm - 11:59pm (27%) (24 %l (24 %) (25 %) Highest Day(s) Monday Thursday Saturday Thursday (Z7 %) 119%) (24 %) (25%) Highest Month(s) June May February January - March 127 %) (24x) 130 %) (50%) 2017 • Specd Fatal Interstate Crashes • sperd Scnous Injury interstate Crashes The blue undimr represents the drnuq ,fait ;peed eras -es ' Thn report cnotains prdimmn data 2018• • Speed Fatal Non- tntcntate Crashes • Speed smous Injury :4nn- tntersiate Crashes �iwmw nc.+ Tian report ua �'� tT We Crncr rm Gcospaau; infarmann T¢twtoy. 4 C� IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of September, 2018. No. 41254 - 091718. A RESOLUTION authorizing the acceptance of the 2019 Department of Motor Vehicles Traffic Safety (Selective Enforcement - Occupant Protection) Grant to the City from the Virginia Department of Motor Vehicles, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts the 2019 Department of Motor Vehicles Traffic Safety (Selective Enforcement - Occupant Protection) Grant in the amount of $11,200, to be used for traffic enforcement targeting occupant protection. This grant, which requires a $5,600 in -kind match and includes a voluntary cash match of $857 by the City, is more particularly described in the City Council Agenda Report dated September 17, 2018. 2. The City Manager is hereby authorized to execute and file, on behalf of the City, any documents setting forth the conditions of the grant in a form approved by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required by the Virginia Department of Motor Vehicles, in connection with the application and acceptance of the foregoing grant. TES '1 • Utz �1 u City Clerk "r Traffic Safety (Selective Enforcement - Occupant Protection) Grant 2019 9.1718.doc IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of September, 2018. No. 41255 - 091718. AN ORDINANCE to appropriate funding from the U.S. Department of Transportation through the Commonwealth of Virginia Department of Motor Vehicles for an occupant protection traffic safety grant, amending and reordaining certain sections of the 2018 -2019 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 2018 -2019 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Overtime Wages FICA Revenues DMV Occupant Protection FY19 - Grant DMV Occupant Protection FY19 - Local 35- 640 - 3908 -1003 $ 11,200 35- 640 - 3908 -1120 857 35- 640 - 3908 -3908 11,200 35- 640 - 3908 -3909 857 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: September 17, 2018 Subject: 2019 Department of Motor Vehicles (DMV) Traffic Safety (Selective Enforcement - Occupant Protection) Grant Background: The Virginia DMV is the administering agency for pass- through funds provided by the United States Department of Transportation for highway safety projects in Virginia. The Virginia DMV offers these funds to successful applicants for activities which improve highway safety in Virginia. The police department regularly applies for grant funding under this program. The police department has been awarded $11,200 in funding to be used for traffic enforcement targeting occupant protection. This funding will allow the Roanoke Police Department to fund overtime traffic enforcement. There is a required 50% in -kind match of $5,600 associated with this award that will be satisfied through the police department's expenditure on motor fuel and vehicle operation. The grant prohibits FICA related to overtime therefore this related necessary expense will be included as a voluntary cash match of $857. Recommended Action: Accept the 2019 DMV Traffic Safety (Selective Enforcement - Occupant Protection) Grant described above and authorize the City Manager to execute the grant agreement and any related documents; all such documents to be approved as to form by the City Attorney. Adopt the accompanying budget ordinance to establish a revenue estimate in the amount of $12,057 consisting of $11,200 in grant revenue and $857 in a cash match to be transferred from the grant match account and appropriate funding in the same amount into accounts to be established by the Director of Finance i Fr nd. --------------------------- Robert S. Cowell, Jr. City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager Amelia C. Merchant, Director of Finance Timothy S. hones, Chief of Police OamY Vi ww. d m vNpu1. co m HIGHWAY SAFETY GRANT AGREEMENT Virginia Oepartmem of Motor Ve,,f =Pes Post Off.ce Box 27412 Richmond. Virglnla 23264.0001 Purpose: Virginia's Highway Safety Program Subrecipients use this form to certify and assure that they will fully comply with all terms of the Highway Safety Grant Agreement. Instructions: Subrecipients must read the contract, complete all applicable information on the first and last page, initial the subsequent pages, and return all pages to the Department of Motor Vehicles. This Highway Safety Grant Agreement is entered into between the Virginia Department of Motor Vehicles (hereinafter "Department" , 2300 West Broad Street, Richmond. Vi inia 23220, and the followin �. ___. _ - _------ _____ -- ---- _-- - - -.__ _.__. _ _ _ --- - -- -- Subrecipient: Federal Award identification Number (FAIN): Roanoke City _ .m . __. ,. _ . 69A37518300004020VA0 _ _e. __� Project Title: Selective Enforcement - Occu ant ProtecGan Pro ect Number: FOP - 2019 -59382 -9382 Assistance Listings #: 20.600 Assistance Listings Name: State and Community Highway Safet y Period of Performance: From October 1, 2018, or the date the Highway Safety Grant Agreement is signed by the Director, Virginia Highway Safety Office (whichever is later) through September 30, 2019. Allow 21 days for the Department to complete its review and signature. FINAL VOUCHER IS DUE ON OR BEFORE NOVEMBER 5, 2018. ( Grant Award Amount: $ 11,200.00 Source of funds obligated to this award: { U.S. Department of Transportation National Highway Traffic Safety Administration (NHTSA) Date of Award Letter from NHTSA: September 30, 2018 i In performing its responsibilities under this Highway Safety Grant Agreement, the Subrecipient certifies and assures that it will fully comply with the following: • Applicable Department regulations and policies and State and Federal laws, regulations, and policies • Statement of Work and Special Conditions and an Approved Budget, included with this Highway Safety Grant Agreement • General Terms and Conditions, also included with this Highway Safety Grant Agreement Subrecipient's signature below indicates that the Subrecipient has read, understands and agrees to fully comply with all terms and conditions of this Highway Safety Grant Agreement without alteration. This Highway Safety Grant Agreement (hereinafter "Grant Agreement'), consisting of this certification, the attached Statement of Work and Special Conditions, the attached General Terms and Conditions, the attached Project Budget, the Subrecipient's proposal and the letter awarding the grant to the Subrecipient constitutes the entire agreement between the Department and the Subrecipient, supersedes any prior oral or written agreement between the parties and may not be modified except by written agreement as provided herein. Where any conflict arises between terms, the following is the order of governance of one term over another. (1) applicable Department regulations and policies, except where superseded by Federal laws, regulations, or policies; (2) applicable State laws, regulations, and policies, except where superseded by Federal laws, regulations, or policies; (3) applicable Federal taws, regulations, and policies; (4) Statement of Work and Special Conditions, (5) General Terms and Conditions; (6) Project Budget; (7) Subrecipient's proposal; and (8) grant award letter. Subrecipient certifies that this grant does not include research and development. SIGNATURES OF AUTHORIZED APPROVING OFFICIALS For Subrecipient: For Virginia Department of Motor Vehicles: Captain Stephen E. Keatts Investigations John Saunders Name and Title of Project Director (print) Director, Virginia Highway Safety Office (print) Signature Date Signature Date Subrecipient's DUNS Number 1115173270000 Does your localityllegal entity expend $750,000 or more annually in total federal funds? (check one) X Yes No Robert S. Cowell, Jr. _City Manager Name and Title of Authorized Approving Official (print) �� Signature Date c ° CD co° a N LL a m ° o !aV °o ° pp Sp 'N f0 Lco y' G V cl o 3 o v ui Q � r m O' m F. a Z y O W : C o y m E ..• � c O C > 0 r N I � a a L I O O N m 69 V I C + 12 C 41 C ci I L t0 x cq c a C? J ! d U. N 00 N Im N � c C ; CD r Z+ LL a c rn c c O � o � u tt a g TSS 012E -OP (07/01/2018) Page 3 Sub - recipient Name: Roanoke City Project #: FOP- 2019 - 59382 -9382 STATEMENT OF WORK AND SPECIAL CONDITIONS 1. Goals and Specific Program Elements. The goals and specific program elements of the sub - recipient's proposal are incorporated as the first item in this Statement of Work and Special Conditions. a. List Specific Program Elements: For October 1, 2018 through December 31, 2018 Estimated 66 number of overtime hours to be used Estimated 0 number of checkpoints Estimated 5 number of saturation /individual patrols For January 1, 2019 through March 31, 2019 Estimated �6_ number of overtime hours to be used Estimated 0 number of checkpoints Estimated 5 number of saturation /individual patrols For April 1, 2019 through June 30, 2019 Estimated 150 number of overtime hours to be used Estimated 4 number of checkpoints Estimated 7 number of saturation /individual patrols For July 1, 2019 through September 30, 2019 Estimated 66 number of overtime hours to be used Estimated D number of checkpoints Estimated 5 number of saturation patrols b. To conduct a minimum of —_ checkpoints and/or 4 saturation /individual patrols for the Click It or Ticket Mobilization in May 2019. c. To conduct a minimum of 0 checkpoints and /or 2 saturation /individual patrols during the Checkpoint Strike Force Campaign. d. To have 10 number of sworn officers attend 1 number DMV approved traffic safety related training events (e.g. Virginia Highway Safety Summit, Small Agency Symposium). e. Increase from number of radar units in active use from _ _80 to 80 . (If approved, all units must be ordered by December 31, 2018 and put in service by March 31, 2019). Project Director Initial ua« TSS 012E -OP (07/01/2018) Page 3A Sub - recipient Name: Roanoke City Project #: FOP - 2019- 59382 -9382 2. The sub - recipient must contribute to the overall State Highway Safety Plan goals. OCCUPANT PROTECTION STATEWIDE GOAL: Decrease unrestrained passenger vehicle occupant fatalities in all seating positions 12 percent from the 2016 calendar base year of 296 to 261 by December 31, 2019. AGENCY GOAL: Return to the CY2014 and CY2015 base rate of 0 unrestrained fatalities and reduce the number of unrestrained serious injuries by 3 by the end of CY2019 • Sub - recipients must participate in the mandatory Click it or Ticket (CIOT) activities to include pre and post seatbelt surveys, and the reporting of citation data after enforcement periods. • Sub- recipients must submit Click it or Ticket (CIOT) selective enforcement data electronically through TREDS (Traffic Records Electronic Data System). • BASED ON UNRESTRAINED OCCUPANT CRASH DATA (using crash data from VAHSO or other approved local crash information): 50 — percent of occupant protection selective enforcement activities are to be conducted between the hours of 6:00 p.m. - 2:59 a.m. with special emphasis on the following days of the week: Wedne :day, Fri flay. -.,;;a4 ?:urday__.. The remaining _. 50 percent of selective enforcement hours may must be scheduled during other DMV approved identified high -crash time periods. • Grant - funded equipment must be ordered by December 31, 2018, and put in service by March 31, 2019 and documentation maintained concerning its use. • All sub - recipients must submit a completed monitoring report (TSS 14 -A) to their DMV Grant Monitor by specific assigned dates. • Sub - recipients must attend all mandatory DMV grant - related trainings. Zero tolerance (no warnings) for violators during grant- funded overtime. Project Director Initial TS5 0128 (07/01!2018) Page 4 HIGHWAY SAFETY GRANT AGREEMENT GENERAL TERMS AND CONDITIONS Purpose and Background. The Department is awarding this grant to support the implementation of highway safety projects by State, local, non - profit, and higher education partnerships. Funds are made available for projects that: (1) support statewide goals; (2) identify problems experienced by High Emphasis Communities, which are jurisdictions with the highest crash severity problem; (3) creatively incorporate alcohol awareness and occupant protection safety; (4) are innovative with potential statewide application or ability to transfer to other jurisdictions; and (5) have statewide significance and address the Federal program areas under 23 USC (United States Code), Chapter 4: Highway Safety and 23 USC 154 (Section 154). 2. Paid Media. Grants consisting of $100,000 or more in paid media funds will be required to perform pre- and post - surveys during the Grant Period. The level of assessment is based on the cost of a paid advertising campaign as follows: A. Level 1, for a paid advertising campaign of up to $100,000: At a minimum, an assessment must measure and document audience exposure to paid advertised messages and the number of airings or print ads devoted to each announcement. The size of the audience needs to be estimated using a source appropriate for the medium used, such as Arbitron or Nielsen ratings for radio and TV. More specifically, all paid advertising for which the State or Subrecipient used 154, 402 and 405 funds must include documentation stating how many paid airings or print ads occurred and the size of the audience reached. Include the number of free airings or print ads that occurred and the size of the audience reached. B. Level 2, for a paid advertising campaign greater than $100,000: In addition to providing the above Level 1 documentation, a more extensive assessment is required to measure target audience reaction. One or more of the activities in the following list may be used to assess how the target audience's knowledge, attitude, or actions were affected by the message(s): 1. Mail surveys; 2. Telephone surveys; 3. Focus groups; 4. Mall intercept interviews; 5. Direct mailings; 6. Call -in centers; 7. Newspaper polls; 8. Household interviews; 9. Before and after approach, which compares system status before and after the introduction of the message; and 10. Control region approach, which relates one study site exposed to the message to a similar site that is not exposed to the message. 3. Equipment. Costs for equipment are allowable under specified conditions. Costs for new and replacement equipment with a useful life of more than one year and an acquisition cost of $5,000 or more must be pre - approved before a Subrecipient purchases the equipment. Such approval shall be obtained by the Department from the National Highway Traffic Safety Administration (NHTSA) regional manager In writing, and Subrecipient will be notified by the Department when this approval has been secured. Federal government requirements mandate that the Department maintain an accurate accounting and inventory of all equipment purchased using Federal funds, and Subrecipient shall comply with applicable reporting requirements that may be specified in the Highway Safety Policy and Procedures Manual and amendments thereto. Subrecipient must request advance, written approval from the Department and NHTSA to sell, transfer or dispose of any and all non - expendable equipment purchased in whole or in part with the use of Federal highway safety funds. Disposition of funds from the sale of equipment to another Project Director's Initials TSS 01213 (07101/2018) Page 5 entity must be agreed upon by the Department and the Subrecipient and approved by NHTSA and the Department. In the event of a conflict between this section, 2 CFR (Code of Federal Regulations) Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards), Sections 200.313 and 200.439, 2 CFR Part 1300 (Uniform Procedures for State Highway Safety Grant Programs) Section 1300.31, and 2 CFR Part 1201 (Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards) Section 1201.313, the provisions of the applicable CFR control, except where inconsistent with statute. 4. Reports and Deliverables. Quarterly Progress and Monitor Reports shall be provided to the Department by the dates indicated; January 31, April 30, July 31, and November 5. Each Progress and Monitor Report shall address the Subrecipient's progress in fulfilling items listed in the Statement of Work and Special Conditions, including funded elements of the Subrecipient's proposal. These reports should include the findings from the evaluation component of the proposal and should indicate the criteria and methods by which the progress of the initiative has been evaluated. The format for Progress and Monitor Reports will be provided to the Subrecipient, but, at a minimum, will require an assessment of the program's plan with actual accomplishments during the past quarter, partnership involvement and satisfaction, expected follow -up, changes /problems with the plan and how they will be addressed, a financial summary of expenditures for the reporting period and planned accomplishments during the next quarter. The final Progress and Monitor Report shall include a comprehensive, detailed report of all grant activities conducted during the full grant performance period, including a final summary of expenditures. Monitoring. The Department shall, throughout the Grant Period under this Grant Agreement and any extension of the program which is the subject of the Grant Agreement, monitor and evaluate the events, activities and tasks performed in connection with the program to include financial feasibility and progress of the grant and the Subrecipient's continuing fiscal responsibility and compliance with applicable requirements and the terms and conditions of this Grant Agreement. Such monitoring and evaluation shall not in any manner relieve or waive any obligations of Subrecipient under this Grant Agreement or pursuant to applicable State and Federal law, regulations or rules. Any representation to the contrary by the Subrecipient to any third party is strictly prohibited and may be grounds for the termination of this Grant Agreement by the Department. Audit. Subrecipients expending $750,000 or more in Federal awards (single or multiple awards) in a year are required to obtain an annual audit in accordance with the Single Audit Act (Public law 98 -502) and subsequent amendments (refer to 2 CFR Part 200 and 2 CFR Part 1201), and the American Institute of Certified Public Accountants' (AICPA) Statement on Auditing Standards (SAS) 99, Consideration of Fraud in a Financial Statement Audit. The audit report must be submitted to DMV by March 15. Subrecipients are encouraged to submit their audit report to the Federal Audit Clearinghouse (FAC) at htto: / /harvester.census.gov /sac /. Failure to meet the single audit requirements could result in your entity having to repay grant monies and /or losing access to future Federal funding. The State auditor may conduct an audit or investigation of any entity receiving funds from the Department, either directly under the Grant Agreement or indirectly through a subcontract under the Grant Agreement. Acceptance of funds directly or indirectly under the Grant Agreement constitutes acceptance of the authority of the State auditor to conduct an audit or investigation in connection with those funds. In the event an audit reveals unallowable expenditures, the Subrecipient will be responsible for repayment to the Department of such unallowable expenditures. 6. Closeout. Subrecipients are required to submit final requests for reimbursements and final Progress Reports according to the schedule identified in this Grant Agreement. Requests for reimbursements submitted after November 5 will be denied. Project Director's Initials TSS 0128 (07/0112018'1 Page 6 Article 1. COMPLIANCE WITH LAWS The Subrecipient shall comply with all Federal, State, and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of arty courts or administrative bodies or tribunals in any matter affecting the performance of the Grant Agreement, including, without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, nondiscrimination taws and regulations, and licensing laws and regulations. When required, the Subrecipient shall furnish the Department with satisfactory proof of its compliance therewith. Article 2. STANDARD ASSURANCES The Subrecipient hereby assures and certifies that it will comply with all applicable laws, regulations, policies, guidelines, and requirements, including 23 USC Chapter 4: Highway Safety; 2 CFR Part 200 and 2 CFR Part 1201; 23 CFR Part 1300; the Federal Highway Safety Grant Funding Guidance (Revised 2013); the Procedures for the Transportation Safety Grants Program and subsequent amendments; and the Guidelines for the Submission of Highway Safety Grant Applications, as they relate to the application, acceptance, and use of Federal or State funds for this project. Also, the Subrecipient assures and certifies that: A. It possesses legal authority to apply for the grant and that a resolution, motion, or similar action has been duly adopted or passed as an official act of the Subrecipient's governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the authorized approving official of the Subrecipient to act in connection with the application and to provide such additional information as may be required. B. it will comply with the Federal Fair Labor Standards Act's minimum wage and overtime requirements for employees performing project work. C. It will comply with all requirements imposed by the Department concerning special requirements of law, program requirements, and other administrative requirements. D. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. E. It will comply with the Virginia State and Local Government Conflict of Interests Act, Va. Code §§ 2.2 -3100 et seq., which defines and prohibits inappropriate conflicts and requires disclosure of economic interests and is applicable to all State and local government officers and employees. F. It will give the Department the access to and the right to examine all records, books, papers, or documents related to the Grant Agreement. G. It will ensure that all public records prepared or owned by, or in the possession of, the applicant relative to this project shall be open to inspection and copying by any citizens of the Commonwealth during regular office hours in accordance with the provisions of the Virginia Freedom of information Act, Va. Code §§ 2.2 -3700 et seq., unless otherwise specifically provided by law. H. If applicable, it will comply with the provisions of the Virginia Freedom of Information Act, Va. Code §§ 2.2 -3700 et seq., which require all meetings of public bodies to be open and every public body to give notice of its meetings and to record minutes at all open meetings. Article 3. GRANT AWARD COMPENSATION A. The method of payment for the Grant Agreement will be based on actual costs incurred up to and not to exceed the limits specified in the Grant Agreement. The amount stated in the Project Budget will be deemed to be the amount of the award to the Subrecipient. B. Reimbursement for travel costs shall be subject to the requirements and limitations set forth in the State Travel Regulations established by the Virginia Department of Accounts. Project Director's initials TSS 0128 (07/01/2018) Page 7 C. All payments will be made in accordance with the terms of the Grant Agreement. The maximum amount eligible for reimbursement shall not be increased above the total amount stated in the Project, unless the Grant Agreement is amended as described in Article 5, Amendments and Modifications to Grant Agreement, D. To be eligible for reimbursement under the Grant Agreement, a cost must be incurred in accordance with the Grant Agreement, within the time frame specified in the Grant Period as stated in the Grant Agreement, attributable to work covered by the Grant Agreement, and which has been completed in a manner satisfactory and acceptable to the Department. Costs related to contractual fees require additional documentation in order to be eligible for reimbursement. The Subrecipient must submit a copy of each contract prior to requests for reimbursement and allow sufficient time for review and approval to ensure that services and products provided are allowable expenses and attributable to work covered by the Grant Agreement. E. Federal or Department funds cannot supplant (replace) funds from any other sources. The term "supplanting" refers to the use of Federal or Department funds to support personnel or an activity already supported by local or State funds, or, other resources that would otherwise have been made available for the grant program. F. Payment of costs incurred under the Grant Agreement is further governed by 2 CFR Part 200 and 2 CFR Part 1201. G. A Subrecipient may request an Indirect Cost Rate for grants that are not enforcement related. The Subrecipient must submit a copy of their Federally negotiated indirect cost rate. A Subrecipient that does not have a Federally negotiated indirect cost rate, may submit a letter requesting a de minimis indirect cost rate of 10% of modified total direct costs (2 CFR § 200.414(f)). Payment for indirect costs will not be made until the aforementioned documents have been received by the Department. Indirect cost references and information can be found in various parts of 2 CFR Part 200. N. The Subrecipient will provide a monetary and/or in -kind match to the funded proposal. The required matching percentage of the project cost will be determined by the Department. Grant funds may not be used before the Subrecipient can demonstrate that funds for the corresponding portion of the matching requirement have been received by Subrecipient. A matching report must be submitted with each reimbursement voucher and the Subrecipient must keep documentation related to matching funds in the project file. I. The Subrecipient agrees to submit Requests for Reimbursement on a quarterly basis or no more than one request per month, as outlined in the Highway Safety Policy and Procedures Manual. The original Request for Reimbursement, with the appropriate supporting documentation, must be submitted to the DMV Grants Management Office, The Subrecipient agrees to submit the final Request for Reimbursement under the Grant Agreement within thirty - five (35) days of the end of the Grant Period or November 5. All grant funds must be encumbered by the end of the grant period (September 301, complete with supporting invoices. At the end of the Grant Period, any unexpended or unobligated funds shall no longer be available to the Subrecipient. In no case shall the Subrecipient be reimbursed for expenses incurred prior to the beginning or after the end of the Grant Period. J. The Department will exercise good faith to make payments within thirty (30) days of receipt of properly prepared and documented Requests for Reimbursement. Payments, however, are contingent upon the availability of appropriated funds. K. Grant Agreements supported with Federal or State funds are limited to the length of the Grant Period specified in the Grant Agreement. If the Department determines that the project has demonstrated merit or has potential long -range benefits, the Subrecipient may apply for funding assistance beyond the initial Grant Period. Preference for funding will be given to those projects for which the Subrecipient has assumed some cost sharing, those which propose to assume the largest percentage of subsequent project costs, and those which have demonstrated performance that is acceptable to the Department. Project Director's Initials TSS 0128 (07/01/2018) Page 8 L. When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part with Federal money, including this Grant Agreement, the Subrecipient shall clearly state (1) the percentage of the total cost of the program or project which will be financed with Federal money, and (2) the dollar amount of Federal funds provided for the project or program. Article A. LIMITATION OF LIABILITY Payment of costs incurred hereunder is contingent upon the availability of appropriated funds. If, at any time during the Grant Period, the Department determines that there is insufficient funding to continue the project, the Department shall so notify the Subrecipient, giving notice of intent to terminate the Grant Agreement, as specified in Article 11, Termination. Article S. AMENDMENTS AND MODIFICATIONS TO GRANT AGREEMENT The Grant Agreement may be amended prior to its expiration by mutual written consent of both parties, utilizing the Grant Agreement Amendment form designated by the Department. Any amendment must be executed by the parties within the Grant Period specified in the Grant Agreement. Any proposed modifications or amendments to this Grant Agreement as defined in Article 6, Additional Work and Changes in Work, including the waiver of any provisions herein, must be submitted to the Department in writing and approved as herein prescribed prior to Subrecipient's implementation of the proposed modification or amendment. Any alterations, additions, or deletions to the Grant Agreement that are required by changes in Federal or State laws, regulations or directives are automatically incorporated on the date designated by the law, regulation or directive. The Department may unilaterally modify this Grant Agreement to de- obligate funds not obligated by the Subrecipient as of the close of the Grant Period specified in this Grant Agreement. In addition, the Department may de- obligate funds in the event of termination of the Grant Agreement pursuant to Article 11, Termination. Article 6. ADDITIONAL WORK AND CHANGES IN WORK If the Subrecipient is of the opinion that any assigned work is beyond the scope of the Grant Agreement and constitutes additional work, the Subrecipient shall promptly notify the Department in writing. If the Department finds that such work does constitute additional work, the Department shall so advise the Subrecipient and a written amendment to the Grant Agreement will be executed according to Article 5, Amendments and Modifications to Grant Agreement, to provide compensation for doing this work on the same basis as the original work. If performance of the additional work will cause the maximum amount payable to be exceeded, the work will not be performed before a written grant amendment is executed. If the Subrecipient has submitted work in accordance with the terms of the Grant Agreement but the Department requests changes to the completed work or parts thereof which involve changes to the original scope of services or character of work under the Grant Agreement, the Subrecipient shall make such revisions as requested and directed by the Department. This will be considered additional work and will be paid for as specified in this Article. If the Subrecipient submits work that does not comply with the terms of the Grant Agreement, the Department shall instruct the Subrecipient to make such revisions as are necessary to bring the work into compliance with the Grant Agreement. No additional compensation shall be paid for this work. The Subrecipient shall make revisions to the work authorized in the Grant Agreement, which are necessary to correct errors or omissions appearing therein, when required to do so by the Department. No additional compensation shall be paid for this work. The Department shall not be responsible for actions by the Subrecipient or any costs incurred by the Subrecipient relating to additional work not directly associated with or prior to the execution of an amendment. Project Director's Initials TSS 012E (0710112016) Page 9 Article 7. REPORTING AND NOTIFICATIONS Subrecipients shall submit performance reports using forms provided and approved by the Department as outlined in the Statement of Work and Special Conditions, Section 4, Reports and Deliverables. The Subrecipient shall promptly advise the Department in writing of events that will have a significant impact upon the Grant Agreement, including: A. Problems, delays, or adverse conditions, including a change of project director or other changes in Subrecipient personnel that will materially affect the Subrecipient's ability to attain objectives and performance measures, prevent the meeting of time schedules and objectives, or preclude the attainment of project objectives or performance measures by the established time periods. This disclosure shall be accompanied by a statement of the action taken or contemplated and any Department or Federal assistance needed to resolve the situation. B. Favorable developments or events that enable Subrecipient to meet time schedules and objectives earlier than anticipated or to accomplish greater performance measure output than originally projected. Article 8. RECORDS The Subreciplent agrees to maintain all reports, documents, papers, accounting records, books, and other evidence pertaining to costs incurred and work performed hereunder, and Subrecipient shall make such records available at its office for the time period specified in the Grant Agreement. The Subrecipient further agrees to retain such records for three (3) years from the date of final payment under the Grant Agreement, until completion of all audits, or until any pending litigation has been completely and fully resolved, whichever occurs last. Any representative of the U.S. Secretary of Transportation, the Comptroller General of the United States, the General Accounting Office, the Virginia Office of the Secretary of Transportation, the Virginia Department of Motor Vehicles, the Virginia State Comptroller or the Virginia Auditor of Public Accounts shall have access to and the right to examine any and all books, documents, papers and other records (including computer records) of the Subrecipient that are related to this Grant Agreement, in order to conduct audits and examinations and to make excerpts, transcripts, and photocopies. This right also includes timely and reasonable access to the Subrecipient's personnel and program participants for the purpose of conducting interviews and discussions related to such documents. The Department's right to such access shall last as long as the records-are retained as required under this Grant Agreement. Article 9. INDEMNIFICATION The Subrecipient, if other than a government entity, agrees to indemnify, defend and hold harmless the Commonwealth of Virginia, its officers, agents, and employees from any claims, damages and actions of any kind or nature, whether at law or in equity, arising from or caused by the acts or omission of the Subrecipient, its officers, agents or employees. The Subrecipient, if other than a government entity, further agrees to indemnify and hold harmless the Commonwealth of Virginia, its officers, agents, and employees from any costs including, but not limited to, attorney fees and court costs, incurred by the Department in connection with any such claims or actions. If the Subrecipient is a government entity, both parties to the Grant Agreement agree that no party is an agent, servant, or employee of the other party and each party agrees It is responsible for its individual acts and deeds, as well as the acts and deeds of its contractors, employees, representatives, and agents. Article 10. DISPUTES AND REMEDIES The Subrecipient shall be responsible for the settlement of all contractual and administrative issues arising out of procurement made by the Subrecipient in support of Grant Agreement work. Disputes concerning performance or payment shall be submitted to the Department for settlement, with the Director of the Virginia Highway Safety Office or his or her designee acting as final referee. Project Director's initials TSS 012E {0710112018) Page 10 Article 11. TERMINATION The Department may terminate the Grant Agreement, in whole or in part, for cause if the Subrecipient fails to fulfill its obligations under the Grant Agreement; fails to comply with any applicable Department policy or procedure or any applicable Federal, State or local law, regulation or policy; or fails to correct a violation of any such law, regulation, policy or procedure. This does not limit any other termination rights that the Department may have under State or Federal laws, regulations or policies. The Grant Agreement shall remain in effect until the Subrecipient has satisfactorily completed all services and obligations described herein and these have been accepted by the Department, unless: A. The Department terminates the Grant Agreement for cause and informs the Subrecipient that the project is terminated immediately; or B. The Department determines that the performance of the project is not in the best interest of the Department and informs the Subrecipient that the project is terminated immediately; or C. The Grant Agreement is terminated in writing with the mutual consent of both parties; or D. There is a written thirty (30) day notice to terminate by either party. The Department shall compensate the Subrecipient for only those eligible expenses incurred during the Grant Period specified in the Grant Agreement which are directly attributable to the completed portion of the work covered by the Grant Agreement, provided that the work has been completed in a manner satisfactory and acceptable to the Department. The Subrecipient shall not incur nor be reimbursed for any new obligations after the effective date of termination. Article 12. SUBCONTRACTS No portion of the work specified in the Grant Agreement shall be subcontracted without the prior written consent of the Department. In the event that the Subrecipient desires to subcontract part of the work specified in the Grant Agreement, the Subrecipient shall furnish the Department the names, qualifications and experience of their proposed subcontractors. For purposes of the Grant Agreement, subcontractor(s) shall include, but are not limited to, recipients of mini grants and parties to cooperative agreements and memoranda of understanding. The Subrecipient, however, shall remain fully responsible for the work to be done by its subcontractor(s) and shall assure compliance with all the requirements of the Grant Agreement. In any agreement entered into with a subcontractor, the Subrecipient shall include or incorporate by reference all language contained in the Statement of Work and Special Conditions and in the General Terms and Conditions portions of this Highway Safety Grant Agreement, and the subcontractor shall agree to be bound by all requirements contained therein. Article 13. NONCOLLUSION The Subrecipient certifies that its grant application was made without collusion or fraud, and it has not conferred on any public employee having official responsibility for the Highway Safety Grant process any loan, gift, favor, service or anything of more than nominal value, present or promised, in connection with its application. If Subrecipient breaches or violates this certification, the Department shall have the right to annul this Grant Agreement without liability. Article 14. SUBRECIPIENT'S RESOURCES The Subrecipient certifies that it presently has adequate qualified personnel in its employment to perform the work required under the Grant Agreement, or that Subrecipient will be able to obtain such personnel from sources other than the Department. All employees of the Subrecipient shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of the Subrecipient who, in the opinion of the Department, is incompetent or whose conduct becomes detrimental to the project shall immediately be removed from association with the project. Project Director's Initials TSS 012B (0710112018) Page 11 Unless otherwise specified, the Subrecipient shall furnish all equipment, materials, supplies, and other resources required to perform the work. Article 1S. SUBRECIPIENT SEAT BELT USE The Subrecipient agrees to adopt and enforce an on4he job seat belt use policy requiring all employees to wear a seat belt when operating any vehicle owned, leased or rented by the Subrecipient, including police vehicles. Article 16. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE The Subrecipient will not use 23 U.S.G. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. Article 17. PROCUREMENT AND PROPERTY MANAGEMENT The Subrecipient shall establish and administer a system to procure, control, protect, preserve, use, maintain, and dispose of any property furnished to it by the Department or purchased pursuant to the Grant Agreement in accordance with Virginia law and Department policies and procedures, provided that such laws, policies and procedures are not in conflict with Federal standards, as appropriate, in 2 CFR Part 200 and 2 CFR Part 1201. in the event of conflict. such Federal standards shall apply unless Virginia law or Department policies or procedures impose more strict requirements than the Federal standards. Article 18. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY All copyright and patent rights to all papers, reports, forms, materials, creations, or inventions created or developed in the performance of this Grant Agreement shall become the sole property of the Commonwealth in accordance with Va. Code §2.2 -2822 and Executive Memorandum 4 -95. On request, the Subrecipient shall promptly provide an acknowledgment or assignment in a tangible form satisfactory to the Commonwealth to evidence the Commonwealth's sole ownership of specifically identified intellectual property created or developed during the performance of the Grant Agreement. Article 19. RESEARCH ON HUMAN SUBJECTS The Subrecipient shall comply with the National Research Act, Public Law 93 -348, regarding the protection of human subjects involved in research, development, and related activities supported by the Grant Agreement. Article 20. ASSIGNMENT The Grant Agreement shall not be assignable by the Subrecipient in whole or in part without the written consent of the Department. Article 21. NONDISCRIMINATION A. The Subrecipient WILL COMPLY WITH ALL Federal statutes and implementing regulations relating to nondiscrimination ( "Federal Nondiscrimination Authorities "). These include, but are not limited to: 1. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin) and 49 CFR part 21; 2. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); Project Director's Initials TSS 0128 (07101/2018) Page 12 3. Federal -Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681 -1683 and 1685 -1686) (prohibit discrimination on the basis of sex); 4. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27; 5. The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age); 6. The Civil Rights Restoration Act of 1987, (Pub. L. 100 -209), (broadens scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally - funded or not); 7. Titles II and IiI of the Americans with Disabilities Act (42 U.S.C. 12131- 12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38; 8. Executive Order 12898, Federal Actions To Address Environmental Justice in Minority Populations and Low - income Populations (prevents discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low- income populations); and 9. Executive Order 13166, improving Access to Services for Persons with Limited English Proficiency (guards against Title VI national origin discrimination /discrimination because of limited English proficiency (LEP) by ensuring that funding recipients take reasonable steps to ensure that LEP persons have meaningful access to programs (70 FR at 74087 to 74100). B. The Subrecipient entity — 1. Will take all measures necessary to ensure that no person in the United States shall, on the grounds of race, color, national origin, disability, sex, age, limited English proficiency, or membership in any other class protected by Federal Nondiscrimination Authorities, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any of its programs or activities, so long as any portion of the program is Federally- assisted. 2. Will administer the program in a manner that reasonably ensures that any of its subrecipients, contractors, subcontractors, and consultants receiving Federal financial assistance under this program will comply with all requirements of the Non - Discrimination Authorities identified in this Assurance; 3. Agrees to comply (and require its subrecipients, contractors, subcontractors, and consultants to comply) with all applicable provisions of law or regulation governing US DOT's or NHTSA's access to records, accounts, documents, information, facilities, and staff, and to cooperate and comply with any program or compliance reviews, and/or complaint investigations conducted by US DOT or NHTSA under any Federal Nondiscrimination Authority; 4. Acknowledges that the United States has a right to seek judicial enforcement with regard to any matter arising under these Non - Discrimination Authorities and this Assurance; 5. Agrees to insert in all contracts and funding agreements with other State or private entities the following clause: Project Director's Initials TSS 012E (07/01/2018) Page 13 "During the performance of this contract/funding agreement, the contractor /funding recipient agrees— a. To comply with all Federal nondiscrimination laws and regulations, as may be amended from time to time; b. Not to participate directly or indirectly in the discrimination prohibited by any Federal non- discrimination law or regulation, as set forth in appendix B of 49 CFR part 21 and herein; c. To permit access to its books, records, accounts, other sources of information, and its facilities as required by the State highway safety office, US DOT or NHTSA; d. That, in event a contractor /funding recipient fails to comply with any nondiscrimination provisions in this contract/funding agreement, the State highway safety agency will have the right to impose such contract/agreement sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to the contractor /funding recipient under the conlract/agreement until the contractor/funding recipient complies; and /or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part; and e. To insert this clause, including paragraphs a through e, in every subcontract and subagreement and in every solicitation for a subcontract or subagreement that receives Federal funds under this program." C. Certifies that it has disclosed to the Department any administrative and /or court findings of noncompliance with nondiscrimination or equal opportunity laws, regulations or policies during the two preceding years. If the Subrecipient has been cited for noncompliance with these laws, regulations or policies, the Subrecipient will not be eligible to receive funding. Article 22. DRUG -FREE WORKPLACE The Subrecipient certifies that it will provide a drug -free workplace in accordance with the requirements of 29 CFR, Part 98, Subpart F (Drug -Free Workplace Requirements (Grants)). Article 23. BUY AMERICA ACT The Subrecipient will comply with the provisions of the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a subrecipient, to purchase only steel, iron and manufactured products produced in the United States with Federal funds, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification to and approved by the Secretary of Transportation. The National Highway Traffic Safety Administration (NHTSA) was granted a Buy America Act public interest waiver that became effective July 30, 2015, (Federal Register Vol. 80, No. 125, published June 30, 2015). This waiver allows a State or subrecipient to purchase any manufactured product with a purchase price of $5,000 or less, excluding a motor vehicle when the product is purchased using Federal grant funds administered under Chapter 4 of Title 23 of the United States Code. The "National Traffic and Motor Vehicle Safety Act of 1966" defines a motor vehicle as a vehicle driven or drawn by mechanical power and manufactured primarily for use on public streets, roads, and highways, but does not include a vehicle operated only on a rail line. See 49 USC 30102(a)(6). Therefore, the purchase of foreign -made cars, motorcycles, trailers and other similar conveyances must be made with a waiver regardless of price. Project Director's Initials TSS 012E (07101/2018) Page 14 Article 24. DISADVANTAGED BUSINESS ENTERPRISE It is the policy of the Department and the USDOT that Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, shall have the opportunity to participate in the performance of agreements financed in whole or in part with Federal funds. Consequently, the Disadvantaged Business Enterprise requirements of 49 CFR Part 26, apply to the Grant Agreement as follows: A. The Subrecipient agrees to ensure that Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, have the opportunity to participate in the performance of agreements and subcontracts financed in whole or in part with Federal funds. in this regard, the Subrecipient shall make good faith efforts, in accordance with 49 CFR Part 26, to ensure that Disadvantaged Business Enterprises have the opportunity to compete for and perform agreements and subcontracts. B. The Subrecipient and any subcontractor shall not discriminate on the basis of race, color, national origin, sex, disability, or age in the award and performance of agreements funded in whole or in part with Federal funds. These requirements shall be included in any subcontract or sub agreement. Failure to comply with the requirements set forth above shall constitute a breach of the Grant Agreement and, after the notification by the Department, may result in termination of the Grant Agreement by the Department or other such remedy as the Department deems appropriate. Article 25. DEBARMENT AND SUSPENSION A. The Subrecipient certifies, to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any State or Federal department or agency or otherwise excluded by any Federal or State department or agency; 2. Have not within a three (3) year period preceding this Grant Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, State, or local transaction or contract under a public transaction; violation of Federal or State antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted or otherwise criminally or civilly charged by a Federal, State, or local governmental entity with commission of any of the offenses enumerated in paragraph A. 2, of this Article; and 4. Have not, within a three (3) year period preceding this Grant Agreement, had one or more Federal, State, or local transactions terminated for cause or default. B. Where the Subrecipient is unable to certify to any of the statements in this Article, such Subrecipient shall attach an explanation to the Grant Agreement. C. The Subrecipient is prohibited from making any subcontract or sub -award or permitting any subcontract or sub -award to any party that does not certify to the Subrecipient that such party meets the requirements set forth in Section A., Items 1-4 of this Article. When requested by the Department, Subrecipient shall furnish a copy of such certification. D. The Subrecipient shall require any party to a subcontract or purchase order awarded under the Grant Agreement to certify its eligibility to receive Federal grant funds, and, when requested by the Department, to furnish a copy of the certification. E. The Subrecipient shall provide immediate written notice to the Department if at any time the Subrecipient learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. F. The Subrecipient agrees to comply with the requirements of 2 CFR Parts 180 and 1200. Project Director's Initials TSS 0128 (07/01/2018) Page 15 Article 26. POLITICAL ACTIVITY (HATCH ACT) The Subrecipient will comply with provisions of the Hatch Act (5 U.S.C. 1501- 1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. Article 27. FEDERAL LOBBYING CERTIFICATION The Subrecipient certifies to the best of his or her knowledge and belief that: A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Subrecipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the party to the Grant Agreement shall complete and submit Standard Farm -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C No funds under this Grant Agreement have been or will be expended for publicity or propaganda purposes, for the preparation, distribution or use of any kit, pamphlet, booklet, publication, radio, television, film presentation, or website /webpage designed to support or defeat legislation pending before the Congress, except in presentation to the Congress itself. In addition, grant funds shall not be used to pay the salary or expenses, in whole or in part, of any Subrecipient or agent acting for such Subrecipient related to any activity designed to influence legislation or appropriations pending before the Congress. D. The Subrecipient shall require that the language of this certification be included in the award documents for all sub - awards (including subcontracts, sub - grants, and contracts under grant, loans, and cooperative agreements) and that all subcontractors shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this Grant Agreement was made or entered into. Submission of this certification is a prerequisite for entering into this Grant Agreement imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Article 28. RESTRICTION ON STATE LOBBYING None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots ") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. No funds under this Grant Agreement have been or will be expended for publicity or propaganda purposes, for the preparation, distribution or use of any kit, pamphlet, booklet, publication, radio, television, film presentation, or website /webpage designed to support or defeat legislation pending before the Virginia General Assembly, except in presentation to the General Assembly itself. In addition, grant funds shall not be used to pay the salary or expenses, in whole or in part, of any Subrecipient or agent Project Director's Initials TSS 0126 (0710112018) Page 16 acting for such Subrecipient related to any activity designed to influence legislation or appropriations pending before the Virginia General Assembly. Article 29. INTERPRETATION AND ENFORCEABILITY In the event any terms or provisions of this Grant Agreement are breached by either party or in the event that a dispute may arise between the parties regarding the meaning, requirements, or interpretation of any terms and provisions contained in this Grant Agreement, then such breach or dispute shall be resolved pursuant to the terms of this Grant Agreement and the remedies available under the Code of Virginia. If the Subrecipient is not a government entity, in the event the Department must initiate proceedings to enforce the terms and conditions of this Grant Agreement or seek redress for damages caused by Subrecipient's breach of this Grant Agreement, the Department shall be entitled to recover all costs including, without limitation, court costs and attorney fees, incurred in such proceedings. Article 30. ADDITIONAL PROVISIONS A. Signature Authorized. The Subrecipient's authorized approving official, signing the certification page of the Grant Agreement, has the legal authority to apply for Federal Assistance and has the institutional, managerial, and financial capability (including funds sufficient to pay the non - Federal share of project costs) to ensure proper planning, management and completion of the project described in this application. B. Headings. The captions and headings used in this Grant Agreement are intended for convenience only and shall not be used for purposes of construction or interpretation. C. Notice. All notices, requests and demands shall be directed as follows: To the Department: Virginia Department of Motor Vehicles ATTENTION: Director, Virginia Highway Safety Office Post Office Box 27412 Richmond, Virginia 23269 -0001 To Subrecipient: Any notice, unless otherwise specified herein, will be deemed to have been given on the date such notice is personally delivered or is deposited in the United States certified mail, return receipt requested, properly addressed and with postage prepaid. Project Director's Initials Roanoke Region ormmmoutmii 33 August, 2019 25 Roanoke City Unrestrained Crash Statistics Available Crash Data - Calendar Year 2014 2015 2016 2017 All Crashes 1976 1928 1301 1017 Fatal Crashes (fatalities) 7 (7) 2 (4) 9(g) 12 (12) Serious Injury Crashes (injuries) 45 (50) 58 (67) 44 (51) 50 (53) All Injury Crashes (injuries) 470 (739) 423 (641) 318 (507) 294 (452) Unrestrained - Related Crashes 40 33 23 25 Unrestrained - Related Fatal Crashes (fatalities) 2 (2) 4 (4) Highest Time Period(s) No Midnight - 2 :59am 6:00pm- 8:59pm No (100%) (75 %) Unrestrained nrestrained Highest Day(s) Fatalities Saturday Sunda y Friday Monday (50%) y Fatalities (ton%) Highest Month(s) January • March February 1100%) (50%) Unrestrained - Related Serious Injury Crashes (injuries) C j) 1 t (5 1 s Highest Time Period(s) Midnight - 2:59am 6:00pm- 8:59pm 6 :DOpm- 8:59pm Midnight - 2:59am 143 %) (36 %) (50`t:) (27%) Highest Day(s) Friday - Monday Monday • Saturday Saturday Saturday (58 %) (64 %) (50 %) 136 %) Highest Month(s) January December January • July December • June (29%) 427%) (34%) (36 %) Unrestrained - Related Injury Crashes (injuries) 40 (55) 31 (44) 19 (33) 25 (37) 3:00pm- 5 :59pm Highest Time Period(s) Midnight - 2 :59am Midnight - 2:59am 9 :0Opm- 11:59pm Midnight - 2:59am 128%) (23 %) 426 %) (40%) Highest Day(s) Monday Friday Saturday Saturday (25 %) 123%) (26 %) (32%) Highest Month(s)' September January February • March December • September 120 %) (19 %) (42%) (32%) 2016 2017 • Unrestrained - Related fatal Intemrnte Crashes • Unrestrained- RdatedSenous Injury Interstate Crashes The hluc umdrent represents the denum _rr all unrestrained- rdatcd crashes _.. I It • Unrestrained- Rciated Fatal Non interstate Crashes • Unrestrained- Rctated Scnous Injury Non•intcmatc Crashes vucrrow vxc.r nar xport w as V=Mcd to ae Caxer for Geutpa al Idnnrnxnn T¢trr"eV Roanoke Region 17 August, 2019 11 Roanoke City Unrestrained Crash Statistics Unrestrained- Related Fatal Crashes (fatalities) 2 (2) Reparr aj['rachea fvrJanuary 1'{ •.lone dh Available Crash Data - Partial Year 2015 2016 2017 2018' All Crashes 935 841 466 425 Fatal Crashes (fatalities) 2 (4) 5 (5) 7 (7) 2 (2) Serious Injury Crashes (injuries) 22 (25) 25 (27) 23 (25) 25 (29) All Injury Crashes (injuries) 189 (292) 192 (297) 129 (209) 117 (182) Unrestrained- Related Crashes 17 12 11 5 Unrestrained- Related Fatal Crashes (fatalities) 2 (2) 2 (2) Highest Time Period(s) Midnight - 2:59am 6:OOpm- 8:sspm No No (100 %) (100%) Unrestrained Unrestrained Highest Day(s) Saturday •Sunday Friday • Monday (100 %) (100%) Fatalities Fatalities Highest Month(s) January • March February • (100 %) (100%1 Unrestrained - Related Serious Injury Crashes (injuries) 3 (3) 2 1 2 3 5 r51, 1{ 6:00pm- 8:59pm Highest Time Period(s) 9:00pm- 11:59pm 6:00pm• 8:59pm Midnight - 2:59am Midnight - 2:59am (6a %) (100%) (40 %i (100%) Highest Day(s) Monday • Saturday Saturday Saturday Sunday (66%) (100%) (40%) (100'x) Highest Month(s) May January . March June April (67%) ( t00%) (40%) 1100%) Unrestrained - Related Injury Crashes (injuries) 18 {19) 10 (18) 11 (16) 5 (7) 9.00pm- 11:59pm Highest Time Period(s) Midnight - 2:59am Noon- 2:59pm Midnight - 2:59am 3:00pm - 5:59pm (27%) (60 %) (364:) (40`0 Highest Day(s) Friday - Monday Saturday Monday • Saturday Sunday (40%) (30 %) (64%) (40N) Highest Month(s) January February • March April • June April - January - (40 %) (80X) (54 %) (80%) 2017 •r.t_ • Um; strained- Related Fatal Inicrstaic Crashes • t!nrestratncd•Rclated 5crrous Injure Inirmate Crashcs 'she blue gradient rcpmcnts the densiq aran asbes ' this repon can tains preliminary data • Unrestrained- Rclated Fatal lion - interstate Crashes • Unrcmamcd- Rclated Senous Injur) Non interstate Crashes vtaamu neN This mnn a n grn+ccrn� to do Caaer tee � mtwiai In(vmotna Teetudoyi A }` IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of September, 2018. No. 41256- 091718. AN ORDINANCE to reduce funding from the Virginia Department of Transportation for the Garden City Greenway project, amending and reordaining certain sections of the 2018 -2019 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 2018 -2019 Capital Projects Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Capital Projects Fund Appropriations Appropriated from State Grant Funds 08- 530 - 9627 -9007 $(5,483) Revenues VDOT — Garden City Greenway 08- 530 - 9627 -9627 (5,483) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. o~ CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: September 17, 2018 Subject: Reduction of Budgeted Revenue from Virginia Department of Transportation for Safe Routes to School - Garden City Elementary Project Background: By Resolution No. 39987- 070714, the City accepted an award of Virginia Department of Transportation (VDOT) Revenue Sharing funds in the amount of $500,000 for engineering design and construction of an 8 foot wide asphalt trail, curb and gutter, and driveway entrances on Garden City Boulevard from Yellow Mountain Road to Davenport Avenue /lvywood Street (Project). By Resolution No. 40404-120715, the City received additional Revenue Sharing funds in the amount of $105,000 from VDOT for the Project. These additional funds brought the total Revenue Sharing funding amount to $605,000. Considerations: The project has been finalized. All contractor payments have been made and the City has been reimbursed by VDOT for the final project costs in the amount of $599,517. As such, the initial revenue estimates and appropriations need to be reduced to reflect actual project reimbursements. This action will permit the revenue account to be closed. Recommended Action: Adopt the accompanying budget ordinance to reduce the revenue estimate for this project by $5,483 and reduce the expense estimate for the project by the same amount. The following accounts will be reduced. Revenues 08- 530 - 9627 -9627 - VDOT - Garden City Greenway - reduced by $5,483 Expenses 08 -530- 7 -__ 0 - Approp from State Grant Funds - reduced by $5,483 r.f Robert .Cowell, Jr. City Manager Distribution: Council Appointed Officers Sherman M. Stovall, Assistant City Manager Amelia Merchant, Director of Finance Robert K. Bengtson, P.E., Director of Public Works Luke Pugh, P.E., City Engineer 2 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of September, 2018. No. 41257 - 091718. A RESOLUTION amending the Refuse Collection Fee section of the Fee Compendium for refuse collection in the Central Business District, by adding "Multi- Family Apartment Buildings" and "Condominium Units" as additional trade categories for properties that may be assessed such fee, as set out below; and establishing an effective date. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The Refuse Collection Fee section of the Fee Compendium of the City, maintained by the Director of Finance, and authorized and approved by City Council by Resolution No. 32412- 032795, adopted March 27, 1995, effective as of that date, as amended, shall be amended to reflect the addition of the following trade categories for properties that may be assessed the refuse collection fee: Refuse Collection Fee Maximum amount to be paid each month: Restaurant /Office/Financial /Multi - Family Apartment Build in s $120.00 Specialty Retail/Health/Church/Nonprofit/Condominium Units $70.00 For Refuse Collection Service: Central Business District Monthly Fees Restaurant/Office/Financial/Multi-Family Apartment Buildings $120.00 Specialty Retail/Health/Church/Nonprofit/Condominium Units $70.00 2. Resolution No. 32412 - 032795 is hereby amended to the extent and only to the extent of any inconsistency with this Resolution. 3. The fees established by this Resolution shall remain in effect until amended by this Council. The remainder of the Refuse Collection Fee section of the Fee Compendium remains unchanged and in full force and effect. 4. This Resolution shall be in full force and effect upon its passage. ATTEST: �vt ap City Clerk. STATEMENT OF CONFLICT OF INTEREST I, John A. Garland, state that I have a personal interest in Agenda Section 7, Reports of City Officers and Comments of City Manager, Item 7.a. 7. of the 2:00 p.m. Session of City Council on September 17, 2018, regarding an Amendment of the City's Fee Compendium to reflect a revised definition of the Sealed Trash Compactor usage fee because I hold interests in apartment buildings within sealed trash compactor districts that utilize the sealed trash compactors. Therefore, pursuant to Virginia Code Section 2.2 -3112, I must refrain from participation in this matter. I ask that the City Clerk accept this statement and ask that it be made a part of the minutes of this meeting. Witness the following signature made this 17th day of September, 2018. Z� ll-zm 140col (Seal) Jo A. Garland, Council Member owl � CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: September 17, 2018 Subject: Sealed Trash Compactor Fees Background: Sealed trash compactor service began in September 2013 for businesses and residents in the City's Historic Market District. With the subsequent addition of four additional trash compactors by 2016, the defined service area now includes properties located in Compactor Zones 1 through 5 as shown in the attached map. This service eliminated the need for businesses and residents to place trash and recycling on the public sidewalk for collection by Solid Waste Management crews. Property and business owners located in the Central Business District (CBD) that register to use sealed trash compactor service are provided with an electronic handheld device (fob) for access to the compactors. Usage fees are identified in the City's fee compendium. The first two uses of a sealed trash compactor in any given week are free of charge. A fee of $1.00 is charged for each subsequent use of a sealed trash compactor for the remainder of each week. Fees are capped at the existing rates of $70.00 and $1 20.00 per month, per registered customer, based upon "class of trade" as explained below. Use of a trash compactor in the CBD exempts parcel owners from paying the solid waste collection fee. Considerations: The two "class of trade" categories for the (CBD) are further defined in the fee compendium as follows: • Restaurant /Office /Financial $120.00 • Specialty Retail /Health /Church /Nonprofit $70.00 Residential development in the CBD has emerged as a significant property use and needs to be appropriately classified in the Fee compendium definition. Owners of a multi - family apartment building on one parcel can provide fobs for each unit in their property for access to the trash compactor. Owners of condominium units are each considered separate parcels. Such owners would receive a fob for access to the trash compactor. City staff recommends amending the Fee Compendium to include "Multi- Family Apartment Buildings" located in the CBD under the "Restaurant /Office /Financial" trade category for purposes of assessment of the sealed trash compactor charge. Because such owners are considered larger users of the trash compactor system, it is recommended that such properties be placed under this trade category. Owners of multi - family apartment buildings located in the CBD would incur a maximum monthly charge for uses of the trash compactor not to exceed $120 per month. City staff further recommends amending the Fee Compendium to include "Condominium Units" located in the CBD under the "Specialty Retail /Health /Church /Nonprofit" trade category for purposes of assessment of the sealed trash compactor charge. Because such owners are considered smaller users of the trash compactor system, it is recommended that such properties be placed under this trade category. Owners of Condominium Units located in the CBD would incur a maximum monthly charge for uses of the trash compactor not to exceed $70 per month. Recommended Action: Adopt the attached resolution amending the City's Fee Compendium to reflect the revised definitions to the above referenced trade categories of properties located in a CBD Robert S. Cowell, .Jr. City Manager Distribution: Council Appointed Officers Amelia C. Merchant, Director of Finance Robert K. Bengtson, P.E. Director of Public Works Sherman Stovall, Assistant City Manager, Operations Jeffrey Powell, Solid Waste Management Division Manager 2 - rs, C, H, Cfi� S'I EMIAN11w M. MOON REYNOLDS, MMC Cily Clerk C. lrl *,y OF ROANO KE Oi+'}��[C�h; 01 '�t'HN; C'1'1�Y CL XRK 215 Church Avenue, S. W., Room 450 Roanoke, Virginia 24011 -1536 'telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -nmil: rlerk(wroanukevu,gov September 28, 2018 The Honorable Sherman A. Holland Commissioner of the Revenue Roanoke, Virginia Dear Mr. Holland and Ms. Powers: C EC EL,IA F. MC'COV Deputy City Clerk CECELIA 1'. WEBB, C'MC Assistant Deputy City Clerk The Honorable Evelyn W. Powers City Treasurer Roanoke, Virginia I am forwarding an attested copy of Ordinance No. 41258 - 091718 amending and reordaining Ordinance No. 41227 - 082018 adopted on August 20, 2018, which has been properly executed by Local Office on Aging, Inc., for purposes of assessment and collection of the service charges established by the Ordinance. Sincerely, J i Stephanie M. Moon Reynolds-,'MMC4 City Clerk Enclosure PC: Ron Boyd, Chief Executive Officer, Local Office on Aging, P. O. Box 14205, Roanoke, Virginia 24038 Robert S. Cowell, Jr., City Manager Daniel J. Callaghan, City Attorney Amelia C. Merchant, Director of Finance Susan Lower, Director, Real Estate Valuation R.B. Lawhorn, Budget Manager, Management and Budget l j IN 'THE COUNCIL OF `I'I II CI`T`Y OF ROANOI(li, VIRGINIA The 17th day of September, 2018. No. 41258 - 091718. AN ORDINANCE amending and reordaining Ordinance No. 41227-082018, adopted August 20, 01 8, designating certain real property located at 4932 frontage Road, designated as Olficlal Tax Map No. 6490805 ( "Property "), owned by Local Office on Aging, Inc., a Virginia non - stock, not for profit corporation devoted exclusively to charitable and benevolent purposes on a nonprofit basis ( "Applicant "), as exempt from real property taxation pursuant to Section 58.1 -3651, Code of Virginia (1 950) as amended, to correct a scrivener's error-, and dispensing with the second reading of this ordinance by title. WIiEREAS Ordinance No. 41227 - 082018 adopted by the City on August 20, 2018, exempted the Property from real property taxation at the request of Applicant pursuant to Section 58.1 -3651, Code o C Virginia (1950) as amended, after a public hearing was scheduled and advertised where City Council considered the matter; WHEREAS, because the City received Applicant's request for the Property to be exempt fiom real property taxation after the April 15, 2018, deadline for the exemption to become effective July 1, 2018, pursuant to City policy, the earliest date such tax exemption would become effective if granted by City Council would "e January 1, 2019, and the Counc.iI Renort crated August M. 2018, provided that the exemption, if granted would be effective as of January 1, 2019; WHEREAS, Ordinance No. 41227- 082018 inadvertently provided an effective date of August 20, 2018, for the ..ition granted the Applicant for the Property to become effective; and WHEREAS, the City Council desires Ordinance No. 41227- 082018 to be amended and reordained to correct the scrivener's error to provide that the real estate tax exemption granted the Applicant for the Property become effective as of January 1, 2019. NOW, '!'I IFRF ORF, 131? I'I' ()RDA1NN,I) by the Council ol'the City of Roanoke as follows: I . City C OLlncil hereby amends and reordains Ordinance No. 41227- 082018, designating the Property owned by Applicant as exempt From real property taxation I)LII- SLIant to Section 58.1-365 1 , Code of Virginia (1950) as Amended, to be efleetive .January 1, 2019, 2. Fxcept as amended by this Ordinance, the remainder of the terms and conditions in Ordinance No. 41227- 082018, adopted by City CoLInCil August 20, 2018, remain in lull force and efFect. 3. P1,11-SLlant to Section 12 of the Roanoke City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Cleric. r'y ACCEPTED, AGREED TO AND E ECUTED by Local Office on Aging, Inc. a not for profit corporation, this day of - , 2018. Local Office on Aging, Inc. By: ZD (-)3c,.d- , Name: Title: STEPHANIE M. MOON REYNOLDS, MMC City Clerk Ron Boyd Chief Executive Officer Local Office on Aging P. O. Box 14205 Roanoke, Virginia 24038 Dear Mr. Boyd: CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail: clerk @lroauokeva.gov September 20, 2018 CECELIA F. MCCOV Deputy City Clerk CECELIA T. WEBB, CMC Assistant Deputy City Clerk I am enclosing copy of Ordinance No. 41258 - 091718 amending and reordaining Ordinance No. 41227 - 082018 adopted August 20, 2018, designating certain real property located at 4932 Frontage Road, designated as Official Tax Map No. 6490805, owned by Local Office on Aging, Inc., a Virginia non - stock, not for profit corporation devoted exclusively to charitable and benevolent purposes on a nonprofit basis, as exempt from real property taxation pursuant to Section 58.1 -3651, Code of Virginia (1950) as amended, to correct a scrivener's error The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, September 17, 2018, and is in effect upon passage. Sincerely, Stephanie M. Moon City Clerk Enclosure Reynoldt pc: The Honorable Sherman A. Holland, Commissioner of the Revenue The Honorable Evelyn Powers, City Treasurer Robert S. Cowell, Jr., City Manager Daniel J. Callaghan, City Attorney Susan S. Lower, Director of Real Estate Valuation R. B. Lawhorn, Budget Manager, Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of September, 2018. No. 41258 - 091718. AN ORDINANCE amending and reordaining Ordinance No. 41227- 082018, adopted August 20, 2018, designating certain real property located at 4932 Frontage Road, designated as Official Tax Map No. 6490805 ( "Property "), owned by Local Office on Aging, Inc., a Virginia non - stock, not for profit corporation devoted exclusively to charitable and benevolent purposes on a nonprofit basis ( "Applicant "), as exempt from real property taxation pursuant to Section 58.1 -3651, Code of Virginia (1950) as amended, to correct a scrivener's error; and dispensing with the second reading of this ordinance by title. WHEREAS Ordinance No. 41227 - 082018 adopted by the City on August 20, 2018, exempted the Property from real property taxation at the request of Applicant pursuant to Section 58.1 -3651, Code of Virginia (1950) as amended, after a public hearing was scheduled and advertised where City Council considered the matter; WHEREAS, because the City received Applicant's request for the Property to be exempt from real property taxation after the April 15, 2018, deadline for the exemption to become effective July 1, 2018, pursuant to City policy, the earliest date such tax exemption would become effective if granted by City Council would be January 1, 2019, and the Council Report dated August 20, 2018, provided that the exemption, if granted would be effective as of January 1, 2019; WHEREAS, Ordinance No. 41227 - 082018 inadvertently provided an effective date of August 20, 2018, for the tax exemption granted the Applicant for the Property to become effective; and WHEREAS, the City Council desires Ordinance No. 41227 - 082018 to be amended and reordained to correct the scrivener's error to provide that the real estate tax exemption granted the Applicant for the Property become effective as of January 1, 2019. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. City Council hereby amends and reordains Ordinance No. 41227 - 082018, designating the Property owned by Applicant as exempt from real property taxation pursuant to Section 58.1 -3651, Code of Virginia (1950) as amended, to be effective January 1, 2019. 2. Except as amended by this Ordinance, the remainder of the terms and conditions in Ordinance No. 41227 - 082018, adopted by City Council August 20, 2018, remain in full force and effect. 3. Pursuant to Section 12 of the Roanoke City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: b o 'I, M � City Clerk. ACCEPTED, AGREED TO AND EXECUTED by Local Office on Aging, Inc. a not for profit corporation, this day of , 2018. Local Office on Aging, Inc. By:_ Name: Title: Daniel J. Callaghan City Attorney The Honorable Mayor and Members of City Council Roanoke, Virginia CITY OF ROANOKE OFFICE OF THE CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011 -1595 TELEPHONE 540 - 853 -2431 FAX 540 - 853 -1221 EMAIL: cityatty@roanokeva.gov September 17, 2018 Timothy R. Spencer David L. Collins Heather P. Ferguson Laura M. Carini Assistant City Attorneys Re: Adoption of Ordinance Amending Ordinance No. 41227 - 082018 to Correct Scrivener's Error. Dear Mayor Lea and Members of Council: BACKGROUND: Ordinance No. 41227 - 082018, adopted by City Council on August 20, 2018, exempted certain real property owned by Local Office on Aging, Inc., a Virginia non - stock, not for profit corporation devoted exclusively to charitable and benevolent purposes on a nonprofit basis ( "LOA "), located at 4932 Frontage Road, and designated as Official Tax Map No. 6490805 ( "Property "), as exempt from real property taxation pursuant to Section 58.1 -3651, Code of Virginia (1950). Because the City received the LOA's request for the Property to be exempt from real property taxation after the April 15, 2018, deadline for the exemption to become effective July 1, 2018, pursuant City policy, the earliest date such tax exemption would become effective if granted by City Council would be January 1, 2019. The Council Report dated August 20, 2018, further provided that the exemption, if granted would be effective as of January 1, 2019. Due to a scrivener's error, Ordinance No. 41227- 082018 inadvertently provided that the tax exemption granted the LOA for the Property would become August 20, 2018, instead of January 1, 2019. CONSIDERATIONS: City staff desires that Ordinance No. 41227 - 082018 be amended and reordained by City Council to correct the scrivener's error to provide that the real estate tax exemption granted the LOA for the Property becomes effective January 1, 2019. The remainder of the terms and conditions contained in Ordinance No. 41227- 082018 would remain unchanged, and in full force and effect. Amendment of Ordinance No. 41227 - 082018 in this manner would be consistent with existing City policy regarding the date when a property owner's request for real estate tax exemption would become effective. RECOMMENDATION: Adopt the attached Ordinance, amending Ordinance No. 41227- 082018, to provide for an effective date of January 1, 2019, to correct a scrivener's error of August 20, 2018 as set forth in Ordinance No. 41227 - 08202018. The remaining terms and conditions of Ordinance No. 41227- 082018 will remain unchanged, and in full force and effect. DJC /lsc c: Robert S. Cowell, Jr., City Manager R. Brian Townsend, Assistant City Manager for Community Development Sherman M. Stovall, Assistant City Manager for Operations Amelia C. Merchant, Director of Finance Vanessa Bohr, Director of Technology Troy A. Harmon, City Auditor Stephanie M. Moon Reynolds, City Clerk G IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of September, 2018. No. 41259 - 091718. AN ORDINANCE to appropriate funding from the Commonwealth and Federal grants and the Schools General Fund for various educational programs, amending and reordaining certain sections of the 2018 -2019 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 2018 -2019 School Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Personnel Services 302 - 000 - 0000 - 0000 - 169N - 61310 - 41141 - 9 - 01 $ 8,000 Benefits 302 - 000 - 0000 - 0000 - 169N - 61310 - 42204 - 9 - 01 500 Materials & Supplies 302 - 000 - 0000 - 0000 - 169N - 61310 - 46630 - 9 - 01 1,764 Indirect Cost 302 - 000 - INDC - 0000 - 132M - 00000 - 62000 - 0 - 00 12,627 Indirect Cost 302 - 000 - INDC - 0000 - 132N - 00000 - 62000 - 0 - 00 265,671 Personal Services 302 - 110 - 0000 - 0000 - 132M - 61100 - 41121 - 3 - 01 149,746 Benefits 302 - 110 - 0000 - 0000 - 132M - 61100 - 42204 - 3 - 01 53,929 Materials & Supplies 302 - 110 - 0000 - 0000 - 132M - 61100 - 46613 - 2 - 01 120,427 Purchased Services 302 - 110 - 0000 - 0000 - 132M - 61310 - 43381 - 9 - 01 (13,127) Personal Services 302 - 110 - 0000 - 0000 - 132N - 61100 - 41121 - 3 - 01 4,029,048 Benefits 302 - 110 - 0000 - 0000 - 132N - 61100 - 42204 - 3 - 01 1,601,433 Material & Supplies 302 - 110 - 0000 - 0000 - 132N - 61100 - 46613 - 2 - 01 541,809 Purchased Services 302 - 110 - 0000 - 0000 - 132N - 61310 - 43381 - 9 - 01 220,350 Leases & Rental Equipment 302 - 110 - 0000 - 0000 - 132N - 61310 - 45541 - 2 - 00 80,000 Miscellaneous Other Charges 302 - 110 - 0000 - 0000 - 132N - 63200 - 45583 - 2 - 01 1,800 Personal Services 302 - 110 - 0000 - 0000 - 135M - 61100 - 41121 - 2 - 01 10,066 Benefits 302 - 110 - 0000 - 0000 - 135M - 61100 - 42204 - 2 - 01 4,728 Personal Services 302 - 110 - 0000 - 0000 - 135N - 61100 - 41121 - 2 - 01 491,367 Benefits 302 - 110 - 0000 - 0000 - 135N - 61100 - 42204 - 2 - 01 243,235 Personal Services 302 - 110 - 0000 - 0000 - 138N - 61100 - 41138 - 9 - 01 277,728 Benefits 302 - 110 - 0000 - 0000 - 138N - 61100 - 42201 - 9 - 01 21,247 Instructional Material 302 - 110 - 0000 - 0000 - 138N - 61100 - 46630 - 9 - 01 78,300 Travel Mileage 302 - 110 - 0000 - 0410 - 135N - 61310 - 45551 - 2 - 00 9,600 Professional Development 302 - 110 - 0000 - 1000 - 132N - 61100 - 43313 - 9 - 01 153,265 Travel 302 - 110 - 0000 - 1000 - 132N - 61310 - 45551 - 9 - 00 20,000 Professional Tuition 302 - 110 - 0000 - 1000 - 135M - 61310 - 43382 - 0 - 00 272 Travel Conventions /Education 302 - 110 - 0000 - 1000 - 135M - 61 310 - 45554 - 0 - 00 (10,000) Professional Services 302 - 110 - 0000 - 1000 - 135N - 61310 - 43313 -19 - 00 37,120 Professional Tuition 302 - 110 - 0000 - 1000 - 135N - 61310 - 43382 - 0 - 00 15,000 Travel Conventions /Education 302 - 110 - 0000 - 1000 - 135N - 61310 - 45554 - 0 - 00 4,200 Materials & Supplies 302 - 110 - 0000 - 1000 - 135N - 61310 - 46601 - 9 - 00 5,780 Purchased Services 302 - 110 - 0000 - 1000 - 138N - 61100 - 43313 - 9 - 01 111,232 Miscellaneous - Other Charges 302 - 110 - 0000 - 1000 - 138N - 61100 - 45583 - 9 - 01 5,000 Prof Food Services 302 - 110 - 1101 - 1000 - 137N - 61100 - 43314 - 0 - 01 35,500 Personal Services 302 - 110 - 1101 - 1000 - 137N - 61310 - 41129 - 0 - 01 34,200 Benefits 302 - 110 - 1101 - 1000 - 137N - 61310 - 42201 - 0 - 01 8,100 Prof Other Prof Services 302 - 110 - 1101 - 1000 - 137N - 61310 - 43313 - 0 - 01 5,000 Materials & Supplies 302 - 110 - 1101 - 1000 - 137N - 61310 - 46613 - 3 - 01 53,785 Teachers 302 - 110 - 1102 - 0060 - 150N - 61100 - 41121 - 2 - 05 15,600 Program Coordinator /Site 302 - 110 - 1102 - 0060 - 150N - 61100 - 41124 - 2 - 05 23,978 Manager Activity Assistants 302 - 110 - 1102 - 0060 - 150N - 61100 - 41141 - 2 - 05 12,900 Social Security 302 - 110 - 1102 - 0060 - 150N - 61100 - 42201 - 2 - 05 3,898 Medical /Dental 302 - 110 - 1102 - 0060 - 150N - 61100 - 42204 - 2 - 05 2,000 Professional Contracted Services 302 - 110 - 1102 - 0060 - 150N - 61100 - 43313 - 2 - 05 31,015 Professional Transportation 302 - 110 - 1102 - 0060 - 150N - 61100 - 43343 - 2 - 05 9,346 Travel - Mileage, Meals, & 302 - 110 - 1102 - 0060 - 150N - 61100 - 45551 - 2 - 05 700 Lodging Educational & Recreational 302 - 110 - 1102 - 0060 - 150N - 61100 - 46614 - 2 - 05 5,272 Supplies Teachers 302 - 110 - 1102 - 0150 - 125N - 61100 - 41121 - 2 - 05 26,400 Program Coordinator /Site 302 - 110 - 1102 - 0150 - 125N - 61100 - 41124 - 2 - 05 27,632 Manager Activity Assistants 302 - 110 - 1102 - 0150 - 125N - 61100 - 41141 - 2 - 05 18,150 Social Security 302 - 110 - 1102 - 0150 - 125N - 61100 - 42201 - 2 - 05 11,257 Medical /Dental 302 - 110 - 1102 - 0150 - 125N - 61100 - 42204 - 2 - 05 3,991 Professional Contracted Services 302 - 110 - 1102 - 0150 - 125N - 61100 - 43313 - 2 - 05 25,812 Professional Transportation 302 - 110 - 1102 - 0150 - 125N - 61100 - 43343 - 2 - 05 22,032 Travel - Mileage, Meals, & 302 - 110 - 1102 - 0150 - 125N - 61100 - 45551 - 2 - 05 750 Lodging Educational & Recreational 302 - 110 - 1102 - 0150 - 125N - 61100 - 46614 - 2 - 05 4,541 Supplies Teachers 302 - 110 - 1102 - 0230 - 160N - 61100 - 41121 - 3 - 05 24,000 Program Coordinator /Site 302 - 110 - 1102 - 0230 - 160N - 61100 - 41124 - 3 - 05 36,382 Manager Activity Assistants 302 - 110 - 1102 - 0230 - 160N - 61100 - 41141 - 3 - 05 18,150 Social Security 302 - 110 - 1102 - 0230 - 160N - 61100 - 42201 - 3 - 05 5,153 Medical /Dental 302 - 110 - 1102 - 0230 - 160N - 61100 - 42204 - 3 - 05 4,391 Professional Contracted Services 302 - 110 - 1102 - 0230 - 160N - 61100 - 43313 - 3 - 05 26,371 Professional Transportation 302 - 110 - 1102 - 0230 - 160N - 61100 - 43343 - 3 - 05 31,590 Travel - Mileage, Meals, & 302 - 110 - 1102 - 0230 - 160N - 61100 - 45551 - 3 - 05 650 Lodging Educational & Recreational 302 - 110 - 1102 - 0230 - 160N - 61100 - 46614 - 3 - 05 3,985 Supplies Teachers 302 - 110 - 1102 - 0400 - 143N - 61100 - 41121 - 3 - 05 15,600 Program Coordinator /Site 302 - 110 - 1102 - 0400 - 143N - 61100 - 41124 - 3 - 05 30,300 Manager Activity Assistants 302 - 110 - 1102 - 0400 - 143N - 61100 - 41141 - 3 - 05 18,000 Social Security 302 - 110 - 1102 - 0400 - 143N - 61100 - 42201 - 3 - 05 20,897 Medical /Dental 302 - 110 - 1102 - 0400 - 143N - 61100 - 42204 - 3 - 05 3,969 Professional Contracted Services 302 - 110 - 1102 - 0400 - 143N - 61100 - 43313 - 3 - 05 17,790 Professional Transportation 302 - 110 - 1102 - 0400 - 143N - 61100 - 43343 - 3 - 05 22,032 Travel - Mileage, Meals, & 302 - 110 - 1102 - 0400 - 143N - 61100 - 45551 - 3 - 05 600 Lodging Educational & Recreational 302 - 110 - 1102 - 0400 - 143N - 61100 - 46614 - 3 - 05 3,450 Supplies Teachers 302 - 110 - 1102 - 0420 - 141 N - 61100 - 41121 - 2 - 05 43,000 Program Coordinator /Site 302 - 110 - 1102 - 0420 - 141N - 61100 - 41124 - 2 - 05 39,720 Manager Activity Assistants 302 - 110 - 1102 - 0420 - 141 N - 61100 - 41141 - 2 - 05 27,800 Social Security 302 - 110 - 1102 - 0420 - 141 N - 61100 - 42201 - 2 - 05 7,713 Medical /Dental 302 - 110 - 1102 - 0420 - 141 N - 61100 - 42204 - 2 - 05 3,071 Professional Contracted Services 302 - 110 - 1102 - 0420 - 141 N - 61100 - 43313 - 2 - 05 37,636 Professional Transportation 302 - 110 - 1102 - 0420 - 141 N - 61100 - 43343 - 2 - 05 31,770 Travel - Mileage, Meals, & 302 - 110 - 1102 - 0420 - 141 N - 61100 - 45551 - 2 - 05 950 Lodging Educational & Recreational 302 - 110 - 1102 - 0420 - 141 N - 61100 - 46614 - 2 - 05 6,825 Supplies Supplement 302 - 110 - 1305 - 0280 - 359N - 61100 - 41129 - 3 - 01 4,617 Social Security 302 - 110 - 1305 - 0280 - 359N - 61100 - 42201 - 3 - 01 383 Personal Services - Parental 302 - 110 - PINV - 0000 - 132N - 61100 - 41121 - 3 - 01 31,000 Involvement Benefits - Parental Involvement 302 - 110 - PINV - 0000 - 132N - 61100 - 42204 - 3 - 01 2,369 Purchased Services - Parental 302 - 110 - PINV - 0000 - 132N - 61310 - 43381 - 9 - 01 15,000 Involvement Materials & Supplies - Parental 302 - 110 - PINV - 0000 - 132N - 61310 - 46613 - 9 - 00 19,000 Involvement Miscellaneous Other Charges - 302 - 110 - PINV - 0000 - 132N - 63200 - 45583 - 2 - 01 2,000 Parent Involvement Internal Printing - Parental 302 - 110 - PINV - 1000 - 132M - 61310 - 44450 - 9 - 01 582 Involvement Internal Printing - Parental 302 - 110 - PINV - 1000 - 132N - 61310 - 44450 - 9 - 01 700 Involvement Substitutes 302 - 110 - RPLU - 1000 - 332N - 61100 - 41021 - 0 - 06 90,000 Teachers 302 - 110 - RPLU - 1000 - 332N - 61100 - 41121 - 0 - 06 1,200,000 Site Manager 302 - 110 - RPLU - 1000 - 332N - 61100 - 41124 - 0 - 06 70,900 Social Security 302 - 110 - RPLU - 1000 - 332N - 61100 - 42201 - 0 - 06 104,109 Contracted Transportation 302 - 110 - RPLU - 1000 - 332N - 61100 - 43343 - 0 - 06 477,750 (Buses) Printing 302 - 110 - RPLU - 1000 - 332N - 61100 - 44450 - 0 - 06 7,500 Postage 302 - 110 - RPLU - 1000 - 332N - 61100 - 45521 - 0 - 06 15,000 Curriculum 302 - 110 - RPLU - 1000 - 332N - 61100 - 46640 - 0 - 06 1,060,249 Teachers 302 - 120 - 0000 - 0000 - 111 N - 61100 - 41121 - 9 - 02 2,132,126 Coordinators 302 - 120 - 0000 - 0000 - 111 N - 61100 - 41124 - 9 - 02 111,843 Supplements 302 - 120 - 0000 - 0000 - 111 N - 61100 - 41129 - 9 - 02 36,680 Classroom Aides 302 - 120 - 0000 - 0000 - 111 N - 61100 - 41141 - 9 - 02 61,218 Retiree Health Credit 302 - 120 - 0000 - 0000 - 111 N - 61100 - 42200 - 9 - 02 28,050 Social Security 302 - 120 - 0000 - 0000 - 111 N - 61100 - 42201 - 9 - 02 178,821 Virginia Retirement System 302 - 120 - 0000 - 0000 - 111 N - 61100 - 42202 - 9 - 02 372,832 Health Insurance 302 - 120 - 0000 - 0000 - 111N - 61100 - 42204 - 9 - 02 391,764 Group Life Insurance 302 - 120 - 0000 - 0000 - 111N - 61100 - 42205 - 9 - 02 28,512 Professional Services 302 - 120 - 0000 - 0000 - 111 N - 61100 - 43311 - 9 - 02 70,000 Travel /Mileage 302 - 120 - 0000 - 0000 - 111 N - 61100 - 45551 - 9 - 02 18,000 Instructional Supplies 302 - 120 - 0000 - 0000 - 111N - 61100 - 46614 - 9 - 02 100,000 Teachers 302 - 120 - 0000 - 0000 - 121 N - 61100 - 41121 - 9 - 02 63,814 Coordinators 302 - 120 - 0000 - 0000 - 121 N - 61100 - 41124 - 9 - 02 12,500 Supplements 302 - 120 - 0000 - 0000 - 121 N - 61100 - 41129 - 9 - 02 5,467 Retiree Health Credit 302 - 120 - 0000 - 0000 - 121 N - 61100 - 42200 - 9 - 02 583 Social Security 302 - 120 - 0000 - 0000 - 121 N - 61100 - 42201 - 9 - 02 6,036 Virginia Retirement System 302 - 120 - 0000 - 0000 - 121 N - 61100 - 42202 - 9 - 02 9,749 Health Insurance 302 - 120 - 0000 - 0000 - 121 N - 61100 - 42204 - 9 - 02 8,007 Group Life Insurance 302 - 120 - 0000 - 0000 - 121 N - 61100 - 42205 - 9 - 02 625 Professional Services 302 - 120 - 0000 - 0000 - 121 N - 61100 - 43311 - 9 - 02 5,000 Travel /Mileage 302 - 120 - 0000 - 0000 - 121 N - 61100 - 45551 - 9 - 02 7,346 Instructional Supplies 302 - 120 - 0000 - 0000 - 121 N - 61100 - 46614 - 9 - 02 8,000 Teachers 302 - 160 - 0000 - 1305 - 101 N - 61100 - 41121 - 9 - 07 78,708 Coordinator 302 - 160 - 0000 - 1305 - 101 N - 61100 - 41124 - 9 - 07 30,480 Professional Development 302 - 160 - 0000 - 1305 - 101 N - 61100 - 41129 - 9 - 07 5,143 Instructional Assistants 302 - 160 - 0000 - 1305 - 101 N - 61100 - 41141 - 9 - 07 25,155 Secretary/Clerical 302 - 160 - 0000 - 1305 - 101 N - 61100 - 41151 - 9 - 07 6,600 Social Security 302 - 160 - 0000 - 1305 - 101 N - 61100 - 42201 - 9 - 07 11,480 Materials & Supplies 302 - 160 - 0000 - 1305 - 101 N - 61100 - 46620 - 9 - 07 1,000 Teachers 302 - 160 - 0000 - 1305 - 355N - 61100 - 41121 - 9 - 07 4,800 Social Security 302 - 160 - 0000 - 1305 - 355N - 61100 - 42201 - 9 - 07 367 Personnel 302 - 170 - 3000 - 1160 - 119N - 61100 - 41129 - 3 - 03 15,000 Employer Benefits 302 - 170 - 3000 - 1160 - 119N - 61100 - 42201 - 3 - 03 2,000 Student Field 302 - 170 - 3000 - 1160 - 119N - 61100 - 43343 - 3 - 03 Trips/Transportation Professional Services 302 - 170 - 3000 - 1160 - 119N - 61100 - 45551 - 3 - 03 Travel /Lodging Equipment 302 - 170 - 3000 - 1160 - 119N - 61100 - 48210 - 3 - 03 Equipment 302 - 170 - 3000 - 1160 - 306N - 61100 - 48110 - 3 - 03 Testing and Evaluation 302 - 170 - 3000 - 1160 - 314N - 61100 - 45584 - 3 - 03 Career & Technical Education 302 - 170 - 3000 - 1160 - 317N - 68200 - 48110 - 3 - 03 Equipment Testing and Evaluation 302 - 170 - 3000 - 1160 - 319N - 61100 - 45584 - 3 - 03 Teaching Staff 302 - 180 - 0000 - 1170 - 313N - 61100 - 41121 - 3 - 04 Supplement 302 - 180 - 0000 - 1170 - 313N - 61100 - 41129 - 3 - 04 Health Insurance 302 - 180 - 0000 - 1170 - 313N - 61100 - 42204 - 3 - 04 Educational and Rec Supplies 302 - 180 - 0000 - 1170 - 313N - 61100 - 46614 - 3 - 04 Counselor 302 - 180 - 0000 - 1170 -313N- 61210 - 41123 -3 -04 Purchased Services 302 - 180 - 0000 - 1170 - 313N - 61310 - 43385 - 3 - 04 Mileage, Conferences /Education 302 - 180 - 0000 - 1170 - 313N - 61310 - 45554 - 3 - 04 Principal 302 - 180 - 0000 - 1170 - 313N - 61410 - 41113 - 3 - 04 Clerical 302 - 180 - 0000 - 1170 - 313N - 61410 - 41151 - 3 - 04 Social Security 302 - 180 - 0000 - 1170 - 313N - 61410 - 42201 - 3 - 04 Retirement - VRS 302 - 180 - 0000 - 1170 - 313N - 61410 - 42202 - 3 - 04 Office Supplies 302 - 180 - 0000 - 1170 - 313N - 61410 - 46601 - 3 - 04 Rep and Maintenance 302 - 180 - 0000 - 1170 - 313N - 61410 - 46601 - 3 - 04 Custodial 302 - 180 - 0000 - 1170 - 313N - 64200 - 41192 - 3 - 04 Utilities 302 - 180 - 0000 - 1170 - 313N - 64200 - 45511 - 3 - 04 Debt Service 302 - 180 - 0000 - 1170 - 313N - 67100 - 49901 - 3 - 04 Books & Subscriptions 302 - 180 - 1307 - 1170 - 313N - 61100 - 46613 - 3 - 04 Other Op Supplies 302 - 180 - 1307 - 1170 - 313N - 61100 - 46615 - 3 - 04 Equipment 302 - 180 - 1307 - 1170 - 313N - 61100 - 48821 - 3 - 04 Field Trips /Student Presentations 302 - 180 - 1307 - 1170 - 313N - 63200 - 45583 - 3 - 04 Payment of Joint Operations 302-191 - 0000 - 0553 - 325N - 61100 - 47701 - 9 - 02 Instruction - Teacher 302-191 - 1302 - 0553 - 325N - 61100 - 41121 - 3 - 02 Social Security 302-191 - 1302 - 0553 - 325N - 61100 - 42201 - 3 - 02 Retirement - VRS 302-191 - 1302 - 0553 - 325N - 61100 - 42202 - 3 - 02 Medical /Dental 302-191 - 1302 - 0553 - 325N - 61100 - 42204 - 3 - 02 Group Life Insurance 302-191 - 1302 - 0553 - 325N - 61100 - 42205 - 3 - 02 Grants Accountant 302 - 218 - LMAT - 1000 - 101 N - 62160 - 41137 - 9 - 00 Data Processing Equipment - 302 - 280 - 0000 - 0553 - 329N - 68200 - 48826 - 3 - 01 Noel C. Taylor Data Processing Equipment 302 - 280 - 0000 - 1000 - 329N - 68200 - 48826 - 3 - 01 Data Processing Equipment - 302 - 280 - 0000 - 1170 - 329N - 68200 - 48826 - 3 - 01 Governor's School Revenues Federal Grant Receipts Federal Grant Receipts Federal Grant Receipts Federal Grant Receipts Federal Grant Receipts Federal Grant Receipts Federal Grant Receipts Federal Grant Receipts Federal Grant Receipts Federal Grant Receipts Federal Grant Receipts State Grant Receipts State Grant Receipts State Grant Receipts State Grant Receipts 302 - 000 - 0000 - 0000 - 101 N - 00000 - 38002 - 0 - 00 302 - 000 - 0000 - 0000 - 111 N - 00000 - 38027 - 0 - 00 302 - 000 - 0000 - 0000 - 119N - 00000 - 38048 - 0 - 00 302 - 000 - 0000 - 0000 - 121 N - 00000 - 38173 - 0 - 00 302 - 000 - 0000 - 0000 - 132M - 00000 - 38010 - 0 - 00 302 - 000 - 0000 - 0000 - 132N - 00000 - 38010 - 0 - 00 302 - 000 - 0000 - 0000 - 135M - 00000 - 38367 - 0 - 00 302 - 000 - 0000 - 0000 - 135N - 00000 - 38367 - 0 - 00 302 - 000 - 0000 - 0000 - 137N - 00000 - 38365 - 0 - 00 302 - 000 - 0000 - 0000 - 138N - 00000 - 38186 - 0 - 00 302 - 000 - 0000 - 0000 - 169N - 00000 - 38365 - 0 - 00 302 - 000 - 0000 - 0000 - 306N - 00000 - 32252 - 0 - 00 302 - 000 - 0000 - 0000 - 314N - 00000 - 32349 - 0 - 00 302 - 000 - 0000 - 0000 - 317N - 00000 - 32252 - 0 - 00 302 - 000 - 0000 - 0000 - 319N - 00000 - 32349 - 0 - 00 20,000 37,000 338,830 14,019 2,513 10,921 4,071 615,229 20,577 198,440 52,782 62,708 6,000 2,628 89,458 61,115 67,718 151,246 12,799 12,000 36,118 57,000 183,180 7,746 7,243 35,337 20,000 128,995 139,000 10,634 21,795 20,582 3,489 2,500 26,000 808,800 26,000 132,655 3,529,846 412,830 127,127 324,184 6,983,445 5,066 806,302 136,585 493,507 10,264 14,019 2,513 10,921 4,071 State Grant Receipts Local Match State Grant Receipts State Grant Receipts Federal Grant Receipts Federal Grant Receipts Federal Grant Receipts Federal Grant Receipts Federal Grant Receipts State Grant Receipts Commonwealth of Virginia Local Contribution Local Match Other Sources Local Match State Grant Receipts Local Match 302 - 000 - 0000 - 0000 - 329N - 00000 - 32104 - 0 - 00 726,000 302 - 000 - 0000 - 0000 - 329N - 00000 - 34588 - 0 - 00 134,800 302 - 000 - 0000 - 0000 - 332N - 00000 - 32421 - 0 - 00 2,407,617 302 - 000 - 0000 - 0000 - 359N - 00000 - 32375 - 0 - 00 5,000 302 - 000 - 0000 - 0060 - 150N - 00000 - 32827 - 0 - 00 104,709 302 - 000 - 0000 - 0150 - 125N - 00000 - 38287 - 0 - 00 140,565 302 - 000 - 0000 - 0230 - 160N - 00000 - 38287 - 0 - 00 150,672 302 - 000 - 0000 - 0400 - 143N - 00000 - 38287 - 0 - 00 132,638 302 - 000 - 0000 - 0420 - 141 N - 00000 - 38287 - 0 - 00 198,485 302 - 000 - 0000 - 0553 - 325N - 00000 - 32272 - 0 - 00 324,495 302 - 000 - 0000 - 1 170 - 313N - 00000 - 32229 - 0 - 00 435,704 302 - 000 - 0000 - 1170 - 313N - 00000 - 33802 - 0 - 00 627,095 302 - 000 - LMAT - 0000 - 332N - 00000 - 72000 - 0 - 00 617,891 302 - 000 - LMAT - 1170 - 313N - 00000 - 72000 - 0 - 00 636,525 302 - 160 - 0000 - 0000 - 355N - 00000 - 32298 - 0 - 00 5,167 302 - 160 - LMAT - 0000 - 101 N - 00000 - 72000 - 0 - 00 28,411 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. 7044-00 September 17, 2018 The Honorable Sherman P. Lea, Sr., Mayor and Members of Roanoke City Council Roanoke, VA 24011 Dear Mayor Lea and Members of Council: As a result of official School Board action on Tuesday, September 11, 2018, the Board respectfully requests that City Council approve the following appropriation requests: New Appropriation Award Adult Basic Education 2018 -19 $161,066.00 IDEA Part A, Section 611, Flow - Through 2018 -19 $3,529,846.00 Carl D. Perkins Career and Technical Education (CTE) Allocation 2018 -19 $412,829.50 IDEA Part A, Section 619, Preschool 2018 -19 $127,127.00 Title IV, Part B, Woodrow Wilson Middle School Community Learning Center 2018 -19 $140,565.00 Title I, Part A. Improving Basic Programs 2018 -19 $6,983,445.00 Title II, Part A, Improving Teacher Quality 2018 -19 $806,301.93 Title III, Part A, Limited English Proficient (LEP) 2018 -19 $136,584.51 Title IV, Part A, Student Support and Academic Enrichment 2018 -19 $493,506.51 Title IV, Part B, Hurt Park Elementary School Community Learning Center 2018 -19 $198,485.00 Title IV, Part B, William Fleming High School Community Learning Center 2018 -19 $132,638.00 Title IV, Part B, Morningside Elementary School Community Learning Center 2018 -19 $104,709.00 Title IV, Part B, John P. Fishwick Middle School Community Learning Center 2018 -19 $150,672.00 Title III, Part A, Immigrant Children and Youth Award 2018 -19 $10,264.05 ROANOKE CITY PUBLIC SCHOOLS Strong Students. Strong Schools. Strong City. School Board Annette Lewis Chairman Mark K. Cathey Vice Chairman William B. Hopkins, Jr. Elizabeth C. S. Jamison Laura D. Rottenborn Lutheria H. Smith Dick Willis Dr. Rita D. Bishop Superintendent Cindy H. Poulton Clerk of the Board www.rcps.info p: 540.853.2381 f: 540.853.2951 P.O. Box 13145 Roanoke VA 24031 Mayor Lea and Members of Council September 17, 2018 Page 2 New Appropriation Award Career and Technical Education (CTE) State Equipment 2018 -19 $14,018.56 Governor's School 2018 -19 $1,699,324.00 Workplace Readiness Skills (WRS) for the Commonwealth Examination Allocation 2018 -19 $2,513.27 Career and Technical Education (CTE) Equipment for High - Demand, High Skill, Fast - Growth Industry Sectors 2018 -19 $10,921.06 Science, Technology, Engineering, Mathematics and Health $4,071.33 Sciences (STEM -H) Student Credentials, Materials, and Teacher Professional Development 2018 -19 $10,921.06 Regional Alternative Education 2018 -19 $324,495.00 School Instructional Technology Virginia Public Authority (VPSA) Bond Funds, Series XVIII 2018 -19 $860,800.00 Start -Up Grant for Extended School Year 2018 -19 $3,025,507.83 RACE to GED 2018 -19 $5,167.00 Virginia Middle School Teacher Corps 2018 -19 $5,000.00 Revised Appropriation Award Title I, Part A, Improving Basic Programs 2017 -18 $7,331,087.39 Title II, Part A, Improving Teacher Quality 2017 -18 $832,953.34 On behalf of the School Board, thank you for your consideration. Sincerely, �f Cindy H. Poulton, Clerk pc: Dan Callaghan Rita D. Bishop Bob Cowell Kathleen Jackson Amelia Merchant Holli Salyers (w /details) Annette Lewis www.rcps.info p: 540.853.2381 f: 540.853.2951 P.O. Box 13145 Roanoke VA 24031 x a, CITY COUNCIL AGENDA REPOR01- To: Honorable Mayor and Members of City Council Meeting: September 17, 2018 Subject: School Board Appropriation Request Background: As the result of official Roanoke City School Board action at its September 11, 2018 meeting, the Board respectfully requested that City Council appropriate funding as outlined in this report. The 2018 -19 Title III, Part A, Immigrant Children and Youth grant award of $10,264 provides funds to enhance instructional opportunities for immigrant children and youth due to Roanoke City Public Schools meeting the state's criteria for significant increases in numbers of immigrant students. This award will be reimbursed by Federal funds and will end September 30, 2020. The 2017 -18 Title I, Part A, Improving Basic Programs grant award of $324,184 provides financial assistance to schools with high numbers or percentages of children from low- income families to help ensure that all children meet challenging academic content and achievement standards. This appropriation aligns the total with the revised award amount. This grant will be reimbursed by Federal funds and will end September 30, 2019. This is a continuing program. The 2018 -19 Title I, Part A, Improving Basic Programs grant award of $6,983,445 provides financial assistance to schools with high numbers or percentages of children from low- income families to help ensure that all children meet challenging academic content and achievement standards. This award will be reimbursed by Federal funds and will end September 30, 2020. This is a continuing program. The 2017 -18 Title II, Part A, Improving Teacher Quality grant award of $5,066 provides funding to prepare, train, and recruit high - quality teachers and principals who are capable of ensuring all children are prepared to achieve high standards. This appropriation aligns the total with the revised award amount. This award will be reimbursed by Federal funds and will end September 30, 2019. This is a continuing program. The 2018 -19 Title II, Part A, Improving Teacher Quality grant award of $806,302 provides funding to prepare, train, and recruit high - quality teachers and principals who are capable of ensuring all children are prepared to achieve high standards. This grant will be reimbursed by Federal funds and will end September 30, 2020. This is a continuing program. The 2018-19 Title IV, Part A, Student Support and Academic Enrichment grant award of $493,507 provides assistance for improving students' academic achievement by aiding in increasing the capacity of the school division to provide all students' with access to a well- rounded education, to improve school conditions for student learning, and to enhance the use of technology. This grant will be reimbursed by Federal funds and will end September 30, 2020. This is a continuing program. The 2018 -19 Title III, Part A, Limited English Proficient grant award of $136,585 supports programs to improve the education of limited English proficient children and youth by helping them learn English and meet challenging state content and achievement standards. This grant will be reimbursed by Federal funds and will end September 30, 2020. This is a continuing program. The 2018 -19 Title IV, Part B, Morningside Elementary School Community Learning Center (CLC) grant award of $104,709 supports the continuation of the Morningside Elementary School Community Learning Center in an effort to address the critical attendance, academic, and parental involvement needs of the school in a safe, supervised, and nurturing environment. The Morningside CLC is designed to provide significant expanded learning opportunities after school that contribute to reducing violence and drug use while assisting students to meet or exceed local and state standards in core academic subjects. This program will be reimbursed by Federal funds and will end September 30, 2020. This is a continuing program. The 2018 -19 Title IV, Part B, Woodrow Wilson Middle School Community Learning Center (CLC) grant award of $140,565 supports the continuation of the Woodrow Wilson Middle School Community Learning Center in an effort to address the critical attendance, academic, and parental involvement needs of the school in a safe, supervised, and nurturing environment. The Woodrow Wilson CLC is designed to provide significant expanded learning opportunities after school that contribute to reducing violence and drug use while assisting students to meet or exceed local and state standards in core academic subjects. This program will be reimbursed by Federal funds and will end September 30, 2020. This is a continuing program. The 2018 -19 Title IV, Part B, John P. Fishwick Middle School Community Learning Center (CLC) grant award of $150,672 supports the continuation of the John P. Fishwick Middle School Community Learning Center in an effort to address the critical attendance, academic, and parental involvement needs of the school in a safe, supervised, and nurturing environment. The John P. Fishwick CLC is designed to provide significant expanded learning opportunities after school that contribute to reducing violence and drug use while assisting students to meet or exceed local and state standards in core academic subjects. This program will be reimbursed by Federal funds and will end September 30, 2020. This is a continuing program. The 2018-19 Title IV, Part B, William Fleming High School Community Learning Center (CLC) grant award of $132,638 supports the continuation of the William Fleming High School Community Learning Center in an effort to address the critical attendance, academic, and parental involvement needs of the school in a safe, supervised, and nurturing environment. The William Fleming CLC is designed to provide significant expanded learning opportunities after school that contribute to reducing violence and drug use while assisting students to meet or exceed local and state standards in core academic subjects. This program will be reimbursed by Federal funds and will end September 30, 2020. This is a continuing program. The 2018 -19 Title IV, Part B, Hurt Park Elementary School Community Learning Center (CLC) grant award of $198,485 supports the continuation of the Hurt Park Elementary School Community Learning Center in an effort to address the critical attendance, academic, and parental involvement needs of the school in a safe, supervised, and nurturing environment. The Hurt Park CLC is designed to provide significant expanded learning opportunities after school that contribute to reducing violence and drug use while assisting students to meet or exceed local and state standards in core academic subjects. This program will be reimbursed by Federal funds and will end September 30, 2020. This is a continuing program. The 2018 -19 Virginia Middle School Teacher Corps grant award of $5,000 provides funding to help school divisions recruit and retain experience mathematics teachers for middle schools that have been designated as "at risk in mathematics" as a result of being Accredited with Warding in mathematics in the past. This program will be reimbursed by State funds and will end May 24, 2019. The 2018 -19 Start -Up Grant for Extended School Year award of $3,025,508 assists the school division in establishing extended school year or year -round programs in order to provide greater opportunity for remediation and enrichment while reducing the potential for a decline in academic 2 skills when school is not in session. This program will be reimbursed by State Funds and the required local match and will end June 30, 2020. The 2018 -19 IDEA Part B, Section 611, Flow- Through grant award of $3,529,846 provides aid for the education and guidance of students with disabilities. This program will be reimbursed by Federal funds and will end September 30, 2020. This is a continuing program. The 2018 -19 IDEA Part B, Section 619, Preschool grant award of $127,127 provides funding to support early childhood educational services for students with disabilities. This program will be reimbursed by Federal funds and will end September 30, 2019. This is a continuing program. The 2018 -19 Adult Basic Education grant award of $161,066 provides funds for the education of adults who have not completed high school. This program will be reimbursed by Federal funds and the required local match and will end June 30, 2019. This is a continuing program. The 2018 -19 RACE to GED grant award of $5,167 provides funding for supplies, tuition, and instructors to increase participation in GED examinations by adults who did not complete high school. This program will be reimbursed by State funds and will end May 31, 2019. This is a continuing program. The 2018 -19 Carl D. Perkins Career and Technical Education Allocation grant award of $412,830 provides funding to increase focus on the academic achievement of career and technical education students, strengthen connections between secondary and postsecondary education, and improve state and local accountability. This program will be reimbursed by Federal funds and will end June 30, 2019. The 2018 -19 Career and Technical Education State Equipment grant award of $14,019 provides funding for Career and Technical Education programs. This program will be paid for by the Commonwealth's Lottery Proceeds Fund. This program will be reimbursed by State funds and will end May 17, 2019. This is a continuing program. The 2018 -19 Workplace Readiness Skills for the Commonwealth Examination Allocation grant award of $2,513 provides funding for workplace readiness skills for the Commonwealth Examinations, including pretests, and /or other Board - approved industry certification assessments for Career and Technical Education Programs. This program will be reimbursed by State funds and will end May 17, 2019. The 2018 -19 Career and Technical Education Equipment for High- Demand, High - Skill, Fast - Growth Industry Sectors grant award of $10,921 provides funding to update equipment to industry standards, providing students with classroom experiences that translate to the 21st Century Workforce. This program will be paid for by the Commonwealth's Lottery Proceeds Fund. The program will be reimbursed by State funds and will end May 17, 2019. The 2018 -19 Science, Technology, Engineering, Mathematics, and Health Sciences Student Credentials, Materials, and Teacher Professional Development grant award of $4,071 supports industry credentialing testing materials for students, and professional development for instructors, in science, technology, engineering, mathematics, and health sciences Career and Technical Education programs. This program will be paid for by the Commonwealth's Lottery Proceeds Fund. This program will be reimbursed by State funds and will end May 17, 2019 The 2018 -19 Governor's School grant award of $1,699,324 provides funding for qualifying students to participate in advanced studies in the areas of science, mathematics, and technology. Roanoke City Public Schools (RCPS) serves as the fiscal agent. The local contribution amount is the RCPS share of tuition costs for RCPS students participating in the program. Other Sources Local 3 Match reflects the expected tuition payments from other participating school divisions. This is a continuing program. The 2018 -19 Regional Alternative Education grant award of $324,495 provides funds for accelerated academic programming for students who are below grade level academically. This program will be reimbursed by State funds and will end June 30, 2019. This is a continuing program. The 2018 -19 School Instructional Technology Virginia Public School Authority Bond Funds, Series XVIII grant award of $860,800 supports school divisions' efforts to implement Standards of Learning (SOL) Web -based Technology Initiative by establishing a computer -based instructional and testing system for the SOLs, developing the capability for high -speed internet connectivity at all schools, and administering 100% of SOL test online. This program will be reimbursed by State funds and the required local match. This is a continuing program. Recommended Action: We recommend that Council concur with this report of the School Board and adopt the attached budget t h revenue estimates and to appropriate funding as outlined. Robert S. Cow , r. City Manager Distribution: Council Appointed Officers Rita D. Bishop, Superintendent, RCPS Dan Lyons, Assistant Superintendent for Operations, RCPS Kathleen M. Jackson, Chief Financial Officer, RCPS Amelia C. Merchant, Director of Finance 51 STEPHANIE M. MOON REYNOLDS, MMC City Clerk Matthew Fink 3545 Electric Road, S. W. Roanoke, Virginia 24018 Dear Mr. Fink: CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 F -mail: Berk @),roanokeva.gov CECELIA F. MCCOY Deputy City Clerk CECELIA T. WEBB, CMC September 20, 2018 Assistant Deputy City Clerk I am enclosing copy of Resolution No. 41260- 091718 reappointing you as a Director of the Economic Development Authority of the City of Roanoke for a four -year term of office, commencing October 21, 2018 and ending October 20, 2022. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, September 17, 2018. Enclosed you will find a Certificate of your reappointment and an Oath or Affirmation of Office which must be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to continue to serve in this capacity to which you were reappointed. Pursuant to Section 2.2 -3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your reappointment and each member is required "to read and become familiar with provisions of the Act." On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to continue to serve the City of Roanoke as a Director of the Economic Development Authority. Sinc F ly, - t?";_ Stephanie M. Moon Re =Ids, M,� City Clerk Enclosure c: Harwell M. Darby, Jr., Secretary, Economic Development Authority, Glenn, Feldmann, Darby and Goodlatte, 37 Campbell Avenue, S. W., Roanoke, Virginia 24011 4 \ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of September, 2018. No. 41260- 091718. A RESOLUTION reappointing a Director of the Economic Development Authority of the City of Roanoke to fill a four (4) year term on the Board of Directors. WHEREAS, the Council is advised that the term of office of Matthew Fink, a Director of the Economic Development Authority of the City of Roanoke, Virginia, will expire October 20, 2018; and WHEREAS, Sec.15.2 -4904, Code of Virginia (1950), as amended, provides that appointments made by the governing body of such Directors shall, after initial appointment, be made for terms of four (4) years. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Matthew Fink is hereby reappointed as a Director on the Board of Directors of the Economic Development Authority of the City of Roanoke, Virginia, for a term of four (4) years commencing October 21, 2018, and expiring October 20, 2022. KAMeasures \eda reappoint Matthew Fink 2018.doc ATTEST: W o,,u.a.� h'1 , o� City Clerk. COMMONWEALTH OF VIRGINIA ) To -wit: CITY OF ROANOKE ) I, Stephanie M. Moon Reynolds, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the seventeenth day of September 2018, MATTHEW FINK was reappointed as a Director of the Economic Development Authority of the City of Roanoke for a four -year term of office, commencing October 21, 2018 and ending October 20, 2022. Given under my hand and the Seal of the City of Roanoke this twentieth day of September 2018. ,. ... a 4✓N v City Clerk. .- STE P11ANIE. M. MOON REYNOLDS, MM( City Clerk CITY OF ROANOKE OFFICE OF '''TIE CI'T'Y CLERK 215 Church Avenue, S. W., Snits 456 Roanoke, 'Virginia 24011-1530 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E-mail: cicrk(o roanokeva, ov September 19, 2018 The Reverend Chase Krug, Lead Pastor New Century Church P. O. Box 6187 Roanoke, Virginia 24017 Dear Pastor Krug: C EC ELIA F. MCCOV Depuh• City Clerk CGCGL.IA T. WEBB, CMC Assistant Depoly CRY Clerk On behalf of the Mayor and Members of the Roanoke City Council, I would like to express sincere appreciation to you for delivering the Invocation at the regular meeting of the Roanoke City Council, which was held on Monday, September 17, 2018. It was a pleasure meeting you and look forward to having you return to deliver invocations at future Council meetings. Sincerely, 4 Cecelia F. McCoy Deputy City Clerk 11t.JC' C _)V%lIJNI t R 1)I .,ES DI v 1-10Ord Altn Kf:!iVi Honor, 15 C) 41.1pi H AV[ `bt {t{ CAJ'fit N Oh'.Tli vA 24'i 1 1 The Roanoke Times Account Number Roanoke, Virginia 6028915 Affidavit of Publication Date August 24, 2018 Date. Category Description Ad Size Total Cost 08/3012018 Legal Notices NOTICE OF DRAFT 2017 -2018 CONSOLIDATED ANNUAL I 1 x 83 L 448.48 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 DRAFT 2017-2018 was published in said newspapers on the following dates• 08/24/'2018 The First insertion being given ... 08124/2018 Newspaper reference: U0008t)9178 Billing Repre entative Sworn to and subscribed before me this Friday, August 24, 1018 THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU �,lJffftlllll��+ 4 Notary P bli �i State of Virginia ���t hl�t. it/�,Ile City /County of Roanoke r ` ��P 1;�1 .; ' ^• ,` ` y�f (°� " '� FU SL ;C My Commission expires ` A I'EG.4332'64 a My MNIM1,SSIC;a d' EY,NI tS v THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU �,lJffftlllll��+ NOTICE OF DRAFT 2017 -2018 CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT FOR THE CITY OF ROANOKE, VIRGINIA Beginning Monday, August 27, 2018, the draft Consolidated Annual Performance and Evaluation Report for the City of Roanoke for the 2017 -2018 program year (2017 -2018 CAPER) will be available for a 30 -day public review and comment period. The draft 2017- 2018 CAPER is available for public inspection in the City Clerk's Office, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia; HUD Community Resources Division, Room 305 North, Noel C. Taylor Municipal Building, 215 Church Avenue S.W., Roanoke, Virginia; the Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N.W., Roanoke, Virginia; Main Branch of the Roanoke City Public Library, 706 S. Jefferson Street, Roanoke, Virginia; and on the City's website www.roanokeva.gov. Comments must be received in written form, which may be submitted by postal mail, e-mail or fax, received no later than Tuesday, September 25, 2018, at 4:00 p.m., and addressed to Keith Holland, HUD Community Resources Division, Room 305 North, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011, e-mail keith. holland @roanokeva.gov; or by fax (540) 853 -6597. Further details maybe obtained by calling (540) 853 -6404. Written and oral comments may also be provided at a public hearing of the Roanoke City Council to review the draft 2017 -2018 CAPER that will be held on Monday, September 17, 2018, beginning at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. All who desire to speak at the public hearing should contact the City Clerk's office at (540)853 -2541. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office at (540) 853 -2541, before 12:00 noon on Thursday, September 13, 2018. GIVEN under my hand this 24th day of August, 2018. Stephanie M. Moon Reynolds, MMC City Clerk Please publish this notice in the Legal Section of The Roanoke Times on Friday, August 24, 2018 Bill to: City of Roanoke Keith Holland, HUD Community Resources Administrator HUD Community Resources Division Noel C. Taylor Municipal Building, Room 305 North 215 Church Avenue, SW Roanoke, Virginia 24011 Send publisher's affidavit to: Stephanie M. Moon Reynolds, MMC City Clerk Noel C. Taylor Municipal Building, Room 456 215 Church Avenue, SW Roanoke, Virginia 24011-15361 ogtr IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of September, 2018. No. 41261- 091718. A RESOLUTION ending the declaration of a local emergency by the City Manager. WHEREAS, pursuant to the provisions of Section 44- 146.21, Code of Virginia, on September 13, 2018, the City Manager declared a local emergency commencing on September 13, 2018, and City Council confirmed such declaration at its regularly scheduled meeting that began at 2:00 p.m.on Monday, September 17, 2018; and WHEREAS, the conditions that warranted the declaration of local emergency ended as of 7:00 p.m. on September 17, 2018. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Pursuant to Section 44- 146.21(a), Code of Virginia (1950), as amended, in the judgment of City Council all emergency actions have been taken and, therefore, City Council ends the declared local emergency effective Monday, September 17, 2018, at 7:00 p.m. 2. The City Clerk is directed to forward an attested copy of this resolution to the State Coordinator of Emergency Management. ATTEST: City Clerk CIA STEPHANIE M. MOON REYNOLDS, MMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail: clerk(Daroanokeva.gov September 20, 2018 Maryellen F. Goodlatte, Esquire Glenn Feldmann Darby & Goodlatte P. O. Box 2887 Roanoke, Virginia 24001 -2887 Dear Mrs. Goodlatte: CECELIA F. MCCOY Deputy City Clerk CECELIA T. WEBB, CMC Assistant Deputy City Clerk I am enclosing copy of Ordinance No. 41262- 091718 amending certain conditions presently binding upon a tract of land located at 1001 Williamson Road, S.E., 0 (zero) 3rd Street, S. E., and 110 Albemarle Avenue, S. E., being designated as Official Tax Map Nos. 4021504, 4021505, and 4021507, respectively, which property is zoned 1 -1, Light Industrial District, with proffers, such proffers having been accepted by Ordinance No. 40783 - 032017, adopted on March 20, 2017. The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, September 17, 2018, and is in effect upon passage. Sincerely, Stephanie M. Moon Reynolds, C City Clerk Enclosure Maryellen F. Goodlatte, Esquire September 20, 2018 Page 2 pc: James Cherney, Fort Knox 1001 Williamson, LLC , 301 Cassell Lane, S. W, Roanoke, Virginia 24014 William E. Hollan, Jr., Manager, Fort Knox 1001 Williamson, LLC, P. O. Box 21029, Winston Salem, North Carolina 27120 Gregg Szechenyi, Press Press March, 128 Albemarle Avenue, S. E., Roanoke, Roanoke, Virginia 24013 Seth Walters, Excel Prosthetics, 115 Albemarle Avenue, S. E., Roanoke, Virginia 24013 Community Hospital of Roanoke Valley and Carilion Clinic Properties, LLC, P. O. Box 12385, Roanoke, Virginia 24025 Comfort Services, Inc., P. O. Box 12461, Roanoke, Virginia 24025 Fan Convenience, LC, 909 4t" Street, S. E. Roanoke, Virginia 24013 PTOW Properties, LLC, 21 Highland Avenue, S. E., Suite 200, Roanoke, Virginia 24013 Burke Hatcher, LLC, 3017 Northridge Road, Hardy, Virginia 24101 KNI Investments, LLC, 315 Albemarle Avenue, S. E., Roanoke, Virginia 24013 Norfolk Southern Railroad, Three Commercial Place, Norfolk, Virginia 23510 The Honorable Brenda Hamilton, Clerk of the Circuit Court Robert S. Cowell, Jr., City Manager R. Brian Townsend, Assistant City Manager for Community Development Chris Chittum, Director, Planning, Building, and Development Katharine Gray, Land Use and Urban Design Planner Luke Pugh, City Engineer Amelia C. Merchant, Director of Finance Susan Lower, Director of Real Estate Valuation Daniel J. Callaghan, City Attorney Timothy Spencer, Senior City Attorney Tina Carr, Secretary, City Planning Commission G'� IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of September, 2018. No. 41262- 091718. AN ORDINANCE to amend conditions presently binding upon certain property located at 1001 Williamson Road, S.E., 0 (zero) Yd Street, S.E., and 110 Albemarle Avenue, S.E.; and dispensing with the second reading of this ordinance by title. WHEREAS, James R Cherney and William E. Hollan, Jr., on behalf of Fort Knox 1001 Williamson Road, LLC, have made application to the Council of the City of Roanoke, Virginia ( "City Council "), to amend certain conditions presently binding upon a tract of land located at 1001 Williamson Road, S.E., 0 (zero) 3rd Street, S.E., and 110 Albemarle Avenue, S.E., being designated as Official Tax Map Nos. 4021504, 4021505, and 4021507, respectively, which property is zoned I -1, Light Industrial District, with proffers, such proffers having been accepted by Ordinance No. 40783 - 032017, adopted on March 20, 2017; 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 Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on September 17, 2018, 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 proposed amendment; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to this Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the amendment of the proffers applicable to the subject property, and is of the opinion that the conditions now binding upon a tract of land located at 1001 Williamson Road, S.E., 0 (zero) 3rd Street, S.E., and 110 Albemarle Avenue, S.E., being designated as Official Tax Map Nos. 4021504, 4021505, and 4021507, respectively, should be amended as requested, and that such property be zoned I -1, Light Industrial District, with proffers as set forth in the Zoning Amendment Application dated July 26, 2018. THEREFORE, 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 new proffered conditions as set forth in the Zoning Amendment Application dated July 26, 2018, so that the subject property is zoned I -1, Light Industrial District, with such new proffers. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ova AojQ 46.- City Clerk Amend proffers - 1001 Wmson.doc STATEMENT OF CONFLICT OF INTEREST I, John A. Garland, state that I have a personal interest in Agenda Section A, Public Hearings, Item A .;eof the 7:00 p.m. Session of City Council on September 17, 2018, regarding the Request of Fort Knox 1001 Williamson, LLC, to amend existing conditions originally proffered as a part of a previous rezoning at 1001 Williamson Road, S.E., 0 (zero) 3rd Street, S.E., and 0 (zero) Albemarle Avenue, S.E., respectively, because I provide engineering services to the principal member of Fort Knox 1001 Williamson Road, LLC. Therefore, pursuant to Virginia Code Section 2.2 -3112, I must refrain from participation in this matter. I ask that the City Clerk accept this statement and ask that it be made a part of the minutes of this meeting. Witness the following signature made this 17th day of September, 2018. (Seal) John A. Garland, Council Member �.. COUNCIL AGENDA REPORT ids To: Honorable Mayor and Members of City Council Meeting: September 17, 2018 Subject: Application by Fort Knox 1001 Williamson, LLC, to amend existing conditions proffered as part of a previous rezoning at 1001 Williamson Road, S.E., 0 (zero) 3rd Street, S.E., and 110 Albemarle Avenue, S.E., bearing Official Tax Map Nos. 4021 504, 4021505, and 4021507, respectively, previously rezoned with conditions through the adoption of Ordinance No. 40783-032017 on March 20, 2017. Summary: The Planning Commission held a public hearing on September 10, 2018. By a vote of 5 -0 -1, with Commissioner Katz recusing herself from the matter, the Commission recommends approval of the rezoning request, finding that the Original Application is consistent with the City's Comprehensive Plan, South Jefferson Redevelopment Area Plan, and Zoning Ordinance as the subject property, as conditioned, will be developed and used in a manner appropriate to the surrounding area. Application Information: Request: Applicant: Agent: City Staff Person: Address: Official Tax Nos.: Site Area: Relevant Plans: Proposed Land Use: [Type text] Amendment of Proffered Conditions .James R. Cherney and William E. Hollan, .Jr., Fort Knox 1001 Williamson, LLC Maryellen Goodlatte, Glen Feldmann Darby & Goodlatte Katharine Gray, Land Use and Urban Design Planner 1001 Williamson Road, S.E., 0 (zero) 3rd Street, S.E., and 110 Albemarle Avenue, S.E. 4021 504, 4021 505, and 4021 507, respectively +/- 1.48 acres South ,Jefferson Redevelopment Area Plan Self- storage building with possible business service establishment Future Land Use: Commercial Use Filing Date: Original Application: July 26, 2018 Background: The building at 1001 Williamson Road, S.E., was built in 1946 and served as an ice house before serving as a wholesale distribution warehouse for an automobile supply company for many decades. Additions to the building were built in the late 70's and 80's. The company was absorbed by another local company in the 1990's and then moved to a location on Gainsboro Road around 2013. In 2017, the property was rezoned to 1 -1, Light Industrial District, with conditions to permit a new self- storage building. The proffered conditions require substantial conformity to a development plan and elevations, allow particular uses, and prohibit trucks from using Williamson Road to back into any loading or unloading areas. The applicant wishes to amend the proffered conditions for the development plan and elevations to allow a taller building with a more standard shaped footprint on the site. Proposed Use /Development: The proposed use for the property for self- storage building remains the same. The amended development plan and elevations would allow the form of the building to change to a taller building with a smaller footprint and altered exterior fa4ade that includes changes to materials and patterning of window and door openings. Considerations: Compatibility with Surrounding Land Uses: . The property is located on the edge of the South Jefferson Redevelopment Area in an industrial warehouse area adjacent to the Downtown neighborhood as shown on the Zoning Map Excerpt enclosed as Attachment A. The topography of the area physically separates this property from the majority of the downtown zoned area as it sits in the bottom of a bowl approximately 20 to 60 feet below the nearby downtown properties along Jefferson Street and Elm Avenue. E Consistency with Comprehensive Plan: Both Vision 2001 -2020 and the South Jefferson Redevelopment Area Plan encourage the redevelopment of properties within the underutilized areas along the southern fringe of downtown. The area is compiled of industrial, commercial, and vacant properties; many of which are within the floodplain. Policy /Action Plan I Applicability to matter Explore redevelopment of areas Comprehensive The proposed change to the identified for industrial, commercial, Plan' pg. 59 property redevelops the or mixed use development or reuse property for a mixed use such as: South Jefferson development. Redevelopment Area Building location and design should Comprehensive The proposed amendment be considered as important elements Plan pg. 95 retains: the building of the streetscape and should be placement close to the used to define the street corridor as street, large quantities of a public place, especially at major glazing on the primary intersections. street- facing fa4ade, entrance near the street, and a fa4ade made with durable materials. The primary goal of the South Jefferson The proposed amendment Redevelopment Plan is to provide for Redevelopment continues to replace the private reinvestment and economic Area Plan', pgs. existing dilapidated growth through redevelopment by 7 -8 building on the properties private enterprise. The project will with a building that is serve to foster positive economic compatible within the development through a staged transition area from process of public /private downtown to industrial. redevelopment and /or rehabilitation throughout the entire area and along key corridors connecting to the downtown. Also, the project will provide for an urban development pattern that mitigates environmental risk, one that is compatible with the surrounding commercial and residential districts. The architecture of "The Crossing" South Jefferson The amendment to the should reflect the warehouse Redevelopment conditions retains a Vision 2001 -2020, City of Roanoke, 2001 Z South lefferson Redevelopment Area Plan City of Roanoke, 2001 3 Policy /Action qualities and the under - the - bridge ambiance of this area. Simple square expressive brick forms should predominate, punctuated by simple appurtenances. jack -arch windows, vehicular entrances, arches and other simple brick structures should supplement the existing resources. The site work of "The Crossing" area should reflect its simple counter- point to the more refined campus and downtown beyond. Overhead utilities, railroad themed lights, and other utilitarian appurtenances of warehouses should predominate. Height: The maximum height for buildings located in The Crossing is 120 feet. Building Materials: Structures should exhibit brick and steel, large warehouse -style modulation based on service functions. Large door openings are preferred, as well as large simple windows, with jack arches and arches, and dark colored roofs. Natural exposed metal may be used as approved by RRHA Plan I Applicability to matter Area Guidelines', warehouse type building with large windows, and brick, metal panel and EIFS fa4ade appropriate to the area. The South Jefferson Redevelopment Area Plan recognizes the need for redevelopment of the majority of the property within the plan area due to issues including deteriorated and dilapidated structures, obsolete layout /faulty arrangement of design, and flood hazards. The changes proposed for the property remove an existing dilapidated structure and replace it with an urban form appropriate to this transition area at the edge of downtown. Comments on Application: Planning Commission Work Session: No substantive issues were raised in the work session. ' South lefferson Redevelopment Area Design Guidelines. City of Roanoke. 2001 0 Interdepartmental Comments: No substantive comments were made. Public Comments: Mr. Richard White, business owner at 102 Albemarle Avenue, wrote that the property has been vacant for a number of years and created many problems for the neighborhood. He states that they supported the original rezoning and after reviewing the proposed changes, continue to be in favor of the proposed development. Planning Commission Public Hearing: No members of the pubic were present to speak on this application. Conclusions and Recommendations: Planning Commission recommends approval of this application. As previously noted, the property is part of an industrial, commercial, and vacant property area that has been purposed for redevelopment for many years. As part of the southern fringe area of downtown, it is important that the development reflect the character of commercial form standards within our multipurpose district regulations as well as the design guidelines of the South ,Jefferson Redevelopment Area. The proposed amendments to the proffered conditions will allow the self- storage building use while respecting the urban form desired for such an area. The proposed uses and form are appropriate for this transition area between the more core downtown area along Jefferson and the industrial uses to the east. ��to� James E. Smith, Chair City Planning Commission Enclosure: Original Application Zoning District Map Distribution: Robert S. Cowell, Jr., City Manager R. Brian Townsend, Assistant City Manager Chris Chittum, Director of Planning, Building, & Development Daniel J. Callaghan, City Attorney Timothy R. Spencer, Senior Assistant City Attorney James R. Cherney, Fort Knox 1001 Williamson, LLC William E. Hollan, Jr., Fort Knox 1001 Williamson, LLC Maryellen Goodlatte, Glen Feldmann Darby &. Goodlatte 5 ZONING DISTRICT MAP 1001 Williamson Road SE, 0 3rd St SE, and 110 Albemarle Ave SE Official Tax Parcels: 4021504, 4021505, and 4021507, respectively 1= Area to be Rezoned Zoning AD: Airport Dov ® CG' Commercial- General CLS: Commercial -Large Site CN- Commercial- Neighborhood - D: Downtown I.1: Light Industrial - 1 -2: Heavy Industrial IN' Institutional INPUD: Institutional Planned Unit Dev - IPUD: Industrial Planned Unit Dev MX' Mixed Use MXPUD Mixed Use Planned Unit Dev R -12: Res Single- Farnily R -3: Res Single- Family R -5' Res Single•Famity R -7. Res Single - Family RA: Res - Agricultural RM•1: Res Mixed Density RM-2: Res Mixed Density a RMF: Res Multifamily ROS: Recreation and Open Space - UF: Urban Flex t Conditional Zoning N 0 100 200 Feet N' F YYYYYY S Attachment A pCz a / e- 000s RECEIVED JUL 2 6 2018 CITY OF ROANOKE PLANNING BUILDING & ��JT Department of Planning, Building and Development ROANOKE Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Phone: (540) 853-1730 Fax: (540) 853-1230 I Click Hereto PMt Filing Date] 07/26/2018 i Submittal Number: I Original Application ❑ Rezoning. Not Otherwise Listed ❑ Rezoning. Conditional ❑ Rezoning to Planned Unit Development ❑ Establishment of Comprehensive Sign Overlay District M Amendment of Proffered Conditions ❑ Amendment of Planned Unit Development Plan ❑ Amendment of Comprehensive Sign Overlay District Address: 11001 Williamson Road, S.E., 0 3rd Street, S.E.; and 110 Albemarle Avenue, S.E. Roanoke, VA 24013 Official Tax No(s).: 021504,4021505; and 4021507 Existing I Without Conditions Ordinance Zoning: 11-1, Light Industrial With Conditions No(s). (If 40783-032017 ❑ Planned Unit Development applicable) Requested E] Without Conditions Proposed ISelf- 11-1, Zoning: Light Industrial (D With Conditions Land Use: storage building ❑ Planned Unit Development . jjIiiiil__-; Name: lFort Knox 1001 Williamson, LLC Phone Number. +1 (336) 36 E-30=03 I Phone Number: I I Address: E -mail I Nq"pp . , of as�ulicablei: Name: IMaryellen F. Goodlatte, Esq. Phone Number. +1(540) 224-8018 1 Address: lGlenn, Feldmann, et al, P. O. Box 2887, Roanoke, VA 24001-2887 E-mail, I rngoodlatteftleennfeldmann.corn I The fi(i�cv,►•tng� rrittst be smiil I� f�applit� tons: -_ - i-Z Completed application form and checklist. fX Written narrative explaining the reason for the request. F Metes and bounds description, if applicable. f x Filing fee. `For are zoning,not otthowlse gst+ed, the following. must also be submitted F Concept plan meeting the Application Requirements of item'2(c)' in Zoning Amendment Procedures. ,:For a,00ndi�orat re�o�nittgy tie: tO�twnn�tg .roust ate ba submcic F Written proffers. See the City's Guide to Proffered Conditions. ROANOKE Concept plan meeting the Application Requirements of item '2(c)' in Zoning Amendment Procedures. Please label as r 'development plan' if proffered. VFQr ar ptil nitMplapptal ttte lhllowing must aim be stbmiiteilj I— Development plan meeting the requirements of Section 36.2 -326 of the City's Zoning Ordinance. !For tt pt�relte$t i tgn c at, thsfd6ong mot W sub ni F Comprehensive signage plan meeting the requirements of Section 36.2- 336(d)(2) of the City's Zoning Ordinance. ran smendmsrrt of prot'Perl sondltons, the followitt� must: also 6e submitted:] Amended development or concept plan meeting the Application Requirements of item'2(c)' in Zoning Amendment Procedures, fz if applicable. fX Written proffers to be amended. See the City's Guide to Proffered Conditions. Fx Copy of previously adopted Ordinance. For a ptennad unntt development amendment',' the following must also be submitted: • Amended development plan meeting the requirements of Section 36.2 -326 of the City's Zoning Ordinance. • Copy of previously adopted Ordinance. For a comprehensive sign, of#rWam rtdment, the following must also be submitted:; i— Amended comprehensive signage plan meeting the requirements of Section 36.2- 336(d) of the City's Zoning Ordinance. r— Copy of previously adopted Ordinance. Fora proposal that requires a bafic knpaet study be submitted to the City, the fallowing must aw be subrniW. r— Traffic Impact Study in compliance with Appendix B -2(e) of the City's Zoning Ordinance. For a proposal that requires a traffic impact analysis be submitted to VDOT, the following must also be submitted: r— Cover sheet. F Traffic impact analysis. r— Concept plan. i Proffered conditions, if applicable. F Required fee. 'An electronic copy of this application and checklist can be found at www. roanokeva .gov /planningcommission. A complete packet must be submitted each time an application is amended, unless otherwise specified by staff. NARRATIVE PROPERTY ADDRESS: 1001 WILLIAMSON ROAD, SE; 0 3" STREET, SE, AND 110 ALBEMARLE AVENUE SE TAX PARCEL NOS. 4021504, 4021505 AND 4021507 ACREAGE: 1.48 ACRE APPLICANT & OWNER: FORT KNOX 1001 WILLIAMSON, LLC. In March, 2017, the parcels which are the subject of this zoning amendment application were rezoned from D (Downtown District) to I -1 (Light Industrial District), subject to certain conditions proffered by the applicant, in order to redevelop the property as a self- storage building. Fort Knox 1001 Williamson, LLC closed on its purchase of the property earlier this year and proceeded to demolish the existing building on the property in anticipation of construction. The building on the property was unsafe, was located in the flood plain and had been vacant for years. Among the conditions proffered as part of the 2017 rezoning were requirements that the building, be 3- stories in height and that the building's footprint conform to the trapezoid - shaped footprint illustrated on the proffered development plan. As the applicant finalized its construction plans, it became evident that the trapezoid shape created construction and operational inefficiencies. Adding a fourth floor to the building would allow for a smaller (by area) and a square (rather than trapezoid) footprint, remedying the construction and operational inefficiencies posed by the proffered footprint. And the architectural treatment of a 4 -story building could be consistent with the approach approved by the City in 2017. however, the degree of specificity set forth in the conditions attached to the current zoning of the property requires that two of the conditions proffered in 2017 be amended. Consequently, we are seeking an amendment to two of the four conditions proffered in 2017. Those two conditions deal with the development plan and the building elevations. An updated development plan and updated elevations have been submitted with this application. The other two conditions — establishing the permitted uses on the property and prohibiting trucks accessing the property from using Williamson Road in order to back into any loading areas — are unchanged. By shrinking the footprint of the building, the amended development plan provides more .preen space around the building. As noted in the original rezoning application and as delineated on the original and the amended development plan, the majority of the property is within the floodplain. To meet floodplain development requirements, the majority of the site will be raised an average of 2 -3 feet, and the proposed building's finished floor will be elevated 5 feet above Williamson Road street level. Steep topography marks the rear portion of the site. Squaring and reducing the building's footprint creates more space between the rear of the building and the start of that steep grade. It also better accommodates emergency vehicle circulation. Adding one story to the building enhances the unique positioning of the site between two zoning districts - the downtown district and the I -1 industrial district. By adding a fourth floor to the smaller square footprint, the floors have been better defined with transparent window openings and meet the Downtown district's standards for ground floor transparency spacing. A four -floor building is also consistent with building heights in the area. The property is located in "The Crossings" section of the South Jefferson Redevelopment Area. Because the property is within a redevelopment zone of the Roanoke Redevelopment and Housing Authority, no building permit can issue until the Authority approves the site development plan for the property. With brick constituting a significant portion of the building's fagade, the architectural treatments encouraged by the Authority for development in The Crossings are expressed. As indicated on the updated elevations, the other building materials would be glass, EIFS, and mixed metal panel cladding. As noted in the 2017 rezoning application, the applicant plans no physical changes to that portion of the site bearing the development plan note "existing offsite parking area to remain ". That area has been used as off -site parking for nearby buildings and will continue to be used for that purpose. In the future, the applicant may seek to reconfigure that portion of the site in order to add a building for additional storage needs. Such a change would require the applicant to request a modification of the zoning conditions it now seeks to impose on the property. And, in the event that the off -site parking area is upgraded in the future, the applicant understands that such an upgrade would need to comply with then - current codes. The changes sought by the applicant, as reflected in the amended development plan and the amended elevations, are the result of refinements during the construction planning phase of the property's redevelopment and, once approved, will allow construction of the building to proceed. 2 PROFFERED CONDITIONS TO BE AMENDED ON ROANOKE CITY TAX PARCEL NOS. 4021504, 4021505 AND 4021507 The applicant hereby requests that the following; proffered conditions enacted by Ordinance No. 40783 - 032017 be amended as they pertain to Official Tax Parcel Nos. 4021504, 4021505 and 4021507: 2. The property shall be developed in substantial conformity with the Development Plan dated ;ww Adj, 12, 2018 made by , Parker Design Group, Inc. entitled H& " 8' _ B iilding Development Plan f emp,y-Development C.+.+++«an Inc of Roanoke, ltzir -g "Fort Knox Self-Storage Development Plan for Fort Knox 1001 Williamson, LLC, City of Roanoke, Virginia " (the "Development Plan "), subject to such changes arc may be required by either the City of Roanoke or the Roanoke Redevelopment and Housing Authority during; the comprehensive site plan review and approval process. 3. The self-storage building depicted on the Development Plan shall be constructed in substantial conformity with the elevations dated PeeembeF 23, 2016 July 8, 2018 (8outh and East Elevations) and.hine 16, 2018 (North and West Elevations) made by Peter E. Avetta, Architect, entitled 'Voneeptu*I- Elevations" Self Star-age Building for- Chemey Deyelopffiefit C-empany, -z~ C ty-e Reanek nia" "Fort Knox Self Storage Project ", subject to such changes as may be required by either the City of Roanoke or the Roanoke Redevelopment and Housing Authority during; the comprehensive site plan review approval process. REMAINING PROFFERED CONDITIONS ON TAX PARCEL NOS. 4021504, 4021505 AND 4021507 The following; proffered conditions which were enacted by Ordinance No. 40783 - 032017 shall continue to bind Official Tax Parcel Nos. 4021504, 4021505 and 4021507: 1. The property shall be used only for the following uses: a. The following uses which are permitted of right in both the D and I -1 zoning districts: i. Business service establishment, not otherwise listed; ii. Financial institution; iii. Laboratory, dental, medical, or optical; iv. Laboratory, testing and research; V. Office, general or professional; vi. Office, general or professional, large scale; vii. Animal hospital or veterinary clinic, no outdoor pens or runs; viii. Caterer, commercial; ix. Outdoor advertising sign; X. Studio /multimedia production facility; xi. Bakery, confectionary, or similar food production, retail; xii. Dry cleaning and laundry pick -up station; xiii. General service establishment, not otherwise listed: xiv. Internet sales establishment; xv. Motor vehicle rental establishment, without inventory on -site; xvi. Retail sales establishment, not otherwise listed; xvii. Commercial printing; establishment; xviii. Workshop; xix. Amphitheater; xx. Eating establishment; xxi. Eating; and drinking establishment, not abutting a residential district; xxii. Entertainment establishment, not abutting; a residential district; xxiii. Microbrewery or microdistillery not abutting a residential district; xxiv. Park or playground xxv. Recreation, indoor; xxvi. Artist studio; xxvii. Educational facilities, business school or nonindustrial trade school; xxviii. Fire, police, or emergency services; xxix. Government offices or other government facility, not otherwise listed; xxx. Post office; xxxi. Limousine service; xxxii. Broadcasting studio or station; xxxiii. Utility distribution or collection, basic; xxxiv. Wireless telecommunications facility, stealth; and xxxv. Accessory uses, not otherwise listed. b. The following; additional use: xxxvi. Self - storage building 4. Trucks accessing the property shall not use Williamson Road in order to back into any loading or unloading area. IN THE COUNCIL OF THE CI'T'Y OF ROANOKE, VIRGINIA The 20th day of March, 2017. No. 40783- 032017. AN ORDINANCE; to rezone certain properties located at 1001 Williamson Road, S.E, 0 (zero) 3d Street, S.E., and 0 (zero) Albemarle Avenue, S.E., from D, Downtown District, to 1 -1, Light Industrial District, subject to certain conditions proffered by the applicant; and dispensing with the second reading of this ordinance by title. WHEREAS, Cherney Development Company, Inc., has made application to the Council of the City of Roanoke, Virginia ( "City Council "), to have the properties located at 1001 Williamson Road, S.E, 0 (zero) 3`d Street, S.E., and 0 (zero) Albemarle Avenue, S.E., bearing Official Tax Map Nos. 4021504, 4021505, and 4021507, respectively, rezoned from D, Downtown District, to I -1, Light Industrial District, subject to certain conditions; 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 March 20, 2017, 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 proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to City Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the rezoning of the subject property, and for those reasons, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, 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 that Official Tax Map Nos. 4021504, 4021505, and 4021507 located at 1001 Williamson Road, S.E, 0 (zero) 3`d Street, S.E., and 0 (zero) Albemarle Avenue, S.E., respectively, be, and are hereby rezoned from D, Downtown District, to I -1, Light Industrial District, subject to certain conditions proffered by the applicant, as set forth in the Zoning Amendment Amended Application No. 1 dated January 20, 2017, 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: - City -Clef:. Rezone with proffers - 1001 Wmson.doc 2 40' 20' 0' 40' 80' 1" 40' 1 GRAPHIC SCALE _ i 1 EXISTING OFF -SITE PARKING AREA TO REMAIN PIN SET ON N F LYNDA & SHERRY LLC LINE AT 83.6' INSTRUMENT TAX 1'4021508 11070015287 83 27'03 "E 42.33' �S N 6056' S p E DUMPSTER ENCLOSURE N 88 °4156" W 35.00' K- - s.a e.a 2s.a 0884156E ' % 1.•- y Oir- 45.20' •�u�a'hr0� 1� oc 24.0* ° 106 2o.a S 16 °17'57' W 150.00' I NEW ENTRANCE t Q 3? E G u u Q g OD 00 oyLn g0 N 0 sw L j Z sw Z C% Rol am Q CQ w OZ O J� 3Y XO0 go �o uo oU 0 U q O LL v m� N N � N W � � Im- IN I J, STUDIO ArcIW—J— • 6lon., Design Pion —g MI K.� I-e p I � STUDIO 501 N. Maw 51en1, $auk 1101 i \ METAL PANEL -1 METAL PANEL -2 ROOF EIFS -2 EIFS -1 BEHIND PARAPET PARAPET ROOF �--- —__ BEHIND T. 0. FRAMING __. - - - - -- - -- 1 T __.. ELEV. 45 -8 - - - -- _ _ -- - - - E 0 4TH FLOOR ELEV. 35 -4 3RO FLOOR FIFV 9d_A I q 1sT FLOOR FIN. FLOOR PARAPET II ROOF ELEV. 50'-6* — 9 4TH FLOOR Ste' --' —' BRICK -1 BRICK -2 CANOPY EIFS -1 EIFS -2 EIFS -3 METAL PANEL -1 METAL PANEL -2 BRICK -1 ROOF BEHIND 4' -9• -- ROOF BRICK -2 BEHIND ROOF BEHIND .o Architect: Peter E. Avetta Architect W'h N. MNN STREET, Sum 1201 Wrtrton -S9Nm, NC 27101 Td 336.506.6274 — ach'tw&7._ ROOF WING BUILDING HEIGHT^ro rwnne °�'0' we u,o. uni r te,rWe.ny P•• F' Ai1'D' AtrAA.sA.. Cauultonts : aw: -3 Porker Design Group, Inc 2122 GorWoo Anew SW Rooroke, VA 24014 Ph. 540.367.1153 Moro "—ft Syslor, Mborefleld Engineering, P.C. ulil." C.--. C-t. 7990 North Pont e*u enrd W'^rtoo -S*Wm. NC 27106 Ph, 336.593.9623 Fir ImucUM m_j*a MKN kgaaOMW VP Engineering 2615 C.4"_ CrMn Orw SuNe 160 Ch 10tte. NC 26217 Ph. 704.372.7755 PeTI -Seal: SOUTH ELEVATION _ _ =Nr h019d IfI/1('row D-W 4 IN FLOOR ! REOURED TRANSPARENCY . 20 x I clot: WALL LENGTH : 150 -9• - 100 x TRANSPARENCY PROWOEO : 43'- 7' . 29 x I FOft Knox t001 W(pamsan, LLC 3 RD FLOOR NC rites REQUIRED TRANSPARENCY . 20 % WAU LENGIM PlOfln: TRANSPARENCY PROVIDED : 14, -y ` 100 x 29 x Fort Knox Self Storage 2 NO FLOOR iWt man Rood REOLeRED TRANSPARENCY - 20 % 9e R*-"*^ MA 3 017 WALL LENGTH : 150' -9' . 100 x TRANSPARENCY PROV .: 43' -7' . 29 x 1 Sr FLOOR REOIAtiED TRANSPARENCY . 50 % WALL LENGiN : 150' -9- _ 100 x ELEVATIONS TRANSPARENCY PROVIDED : 6Y -6' . 55 % s EAST ELEVATION RgtlNa: m4n1 d9WnbF: Z (WILLIAMSON RD) A -201 METAL PANEL -2 +7 EIFS -3 BRICK -2 EIFS -1 BEHIND I PARAPET METAL PANEL -1 r T PARAPET 4• -9• , ROOF BEHIND I I 1 --- HVAC -- - BRICK -1 METAL PANEL -2 METAL PANEL -1 I 4•-g• BRICK -2 METAL PANEL -2 BRICK -1 ROOF Not for Construction PARAPET PARAPET — GUTTER — T. O, FRAMING ELEV. y, 45 _g'"' - 19ew6tRtnrbn ww. 6e,. $-- 4TH FLOOR_- - - -- ELEV. Fort Knox 1001 Wlgamson, LLC b 22a aa.. CrwY Pn9w>ry tim. Nc mw 3RD FLOOR °R �� � ELE._ -- y. 2q'-4 - - *+- Fort Knox 1 Self Storage 7gIC 2ND FLOOR tOST +RO.e � ELEV. 13 -4 - - azte�.naa,vA :4as NOPY � 11s: >n 1ST FLOOR FIN. FLOOR ELEV. °!_o' - "—'�.` ELEVATIONS i ar:6F1eF2ot6 Z WEST ELEVATION Pm0dW:717 -014 dwnby: a": A -202 VP Engineering architect 2615 Cor.— c4mtm 0,i" s". I so Chwbtb. NC 26217 Peter E. Avetta NORTH ELEVATION - (HIGHLAND AVE) PQ1 sear~ -- -- -- Architect 301 N, 4NN STREET, SUM 1201 W.ftc sol." NC 27101 Td 336506.6274 m.wollud'e7.� PARAPET C4pP* Rww"W T. O. FRAMING T.O. GUTTER � �n4hra m a onian mm ELEV�45- 8-"- -- 4 TH FLOOR REQUIRED TRANSPARENCY - 10 X WAM b WALL IENGi11 : 141' -6' - 100 x 4TH FLOOR TRAM PARMY PROVIOEO 19 -5' - 13.5 x ELEV. 35 -4 Consultants: 3 RO FLOOR REOUREp 1RANSPARENCr OA: CA . 10 x Parker Design Group, inc WAIL LFt1ri}i : 141' -6' . 100 X 2122 C—ft Awnu4 SW Roonoke, VA 24014 3RD FLOOR TRAFISAREHCr P110VgE0 . I9' -s' . 115 z Ph. 540.367.1153 ELEV. 24 -4 AMNtdN nAnm� 2 NO FLOOR REQUIRED 7RANSPAFI XY t0 X 2ND FLOOR WALL LNGTH : 141' -6' s 100 X 1RUSPARENCY PROYIOM 19' -5' . 1a5 X gympo ELEV. 13-4 —_ Moorefield Engineering, P.c, 1 ST FLOOR WOULD TRANSAFV CY ' x Univ4.aity Co .Ciw Caw 7990 Nash Point Boo ,d T 1ST FLOOR WALL LENGTH : 141'1 = tW X 1RANS'ARENCY PROWDEO : 40' -1' - 26 x Winston- 5o!wn, W 27106 Ph 336.593.9625 fle►,ohc6a,, Ated,*W.�mtvl Not for Construction PARAPET PARAPET — GUTTER — T. O, FRAMING ELEV. y, 45 _g'"' - 19ew6tRtnrbn ww. 6e,. $-- 4TH FLOOR_- - - -- ELEV. Fort Knox 1001 Wlgamson, LLC b 22a aa.. CrwY Pn9w>ry tim. Nc mw 3RD FLOOR °R �� � ELE._ -- y. 2q'-4 - - *+- Fort Knox 1 Self Storage 7gIC 2ND FLOOR tOST +RO.e � ELEV. 13 -4 - - azte�.naa,vA :4as NOPY � 11s: >n 1ST FLOOR FIN. FLOOR ELEV. °!_o' - "—'�.` ELEVATIONS i ar:6F1eF2ot6 Z WEST ELEVATION Pm0dW:717 -014 dwnby: a": A -202 VP Engineering _ 2615 Cor.— c4mtm 0,i" s". I so Chwbtb. NC 26217 Ph 704.372.7755 NORTH ELEVATION - (HIGHLAND AVE) PQ1 sear~ -- -- -- Not for Construction PARAPET PARAPET — GUTTER — T. O, FRAMING ELEV. y, 45 _g'"' - 19ew6tRtnrbn ww. 6e,. $-- 4TH FLOOR_- - - -- ELEV. Fort Knox 1001 Wlgamson, LLC b 22a aa.. CrwY Pn9w>ry tim. Nc mw 3RD FLOOR °R �� � ELE._ -- y. 2q'-4 - - *+- Fort Knox 1 Self Storage 7gIC 2ND FLOOR tOST +RO.e � ELEV. 13 -4 - - azte�.naa,vA :4as NOPY � 11s: >n 1ST FLOOR FIN. FLOOR ELEV. °!_o' - "—'�.` ELEVATIONS i ar:6F1eF2ot6 Z WEST ELEVATION Pm0dW:717 -014 dwnby: a": A -202 METAL PANEL -2 BRICK -1 T.O. CA METAL PANEL -2 BRICK -1 40' 20' 0' 40' 80' 1" =40' GRAPHIC SCALE v� ti r EXISTING OFF -SITE A PPROXIMA TE L 0 C T1 ON OF RESERVED EASEMENT BY THE CITY OF ROANOKE DEED BOOK 809, PAGE 361 Fo`y PARKING AREA TO REMAIN NIF N/F — — L YNDA & SHERRY LLC PTOW PROPERTIES LLC 19 JO .� PIN SET ON TAX 4021501 `�O `�C'i LINE A T 83.6' � TAX #4021508 # t INSTRUMENT 4050020530 N 88 °41'56" W i 1 1 S 88 °41'56" E 9 45.20'~'`'' NEW ENTRANCE a :t c 72 n0® 11VST1?UMENT #070015287 S 83 °27'03" E 42.33' 1 • .;•! •_ - ENCLOSURE RET AINING :ice. •_- :�.. •�..� 14/41 1 9.0' --•- 210' 24.0' S 16°12'571 W 150.00' G Site Statistics Tax Nos: 4021507, 4021504 & 4021505 to be combined. Project Area: 1.48 acres Address: 1001 Williamson Road Zone: Downtown & Floodplain Overlay Proposed Zone: Light Industrial (1 -1) Proposed Use: Self Storage Building Setbacks: Front: Minimum - 0'; Maximum - None Side: Minimum - 0' Rear: Minimum - 0' Maximum Building Height: None Maximum Floor Area Ratio: 2 Impervious Surface Maximum: 90% Minimum Parking Requirement: 1 per 5,000SF for first 50,000SF, then 1 per 10,000SF thereafter or 13.5 spaces Parking Shown: 14 Spaces, including 1 accessible space Minimum Tree Canopy: 10% Existing Buildings and Pavement to be removed and property is proposed to be redeveloped as shown. NEW ENTRANCE N/F PRESS PRESS MERCH INC TAX #4021506 INSTRUMENT 1150006811 -.-� __��32.57" E 271 �•._. -' RSA C .r •5 0 0 iy 0 Rse. to 0A 1� Z. 24.0' ENTRY f— 31.0° (>50.00Y SAN SAN r�== = EXISTING CURB GUT --925 TO BE USED FOR 3 FEMA Floor ` Zone X Limits ._--- � FEMA Flood :MA 'Zone AE Lim' Flood one X Limits IL =MA Flood • ' me AE Limits ILI L O N to � J, Q o U1 q* u, ELEVATOR STAIRS LOBBY can tf3 OFFICE cn y 20.8' 0 6 �� °7J'S7" W 150. - 'AN - �,..._. A �.... �� 92 S 16 014'35" W BENCHMARK: MAG NAIL 72.23 _ W1LLIAMSON ROAD. 50' RA n�E O Q d 00 c'oo� O ►n an ' M n.o U °' c N C O _ C4 o_ Nor. wuz 0 o: O� o wz@ �p� • w J U J Q d< O C z z O IX rr d > W W Y XO —0 O J XX W Co 0 UU VL D' O u- M co 00 9 o N CSI z N Cc U ui w Q O w t– > cn a o a! Adjoining Property Owners for 1001 Williamson Road, S.E. (Official Tax Map No. 4021SO4) TAXID MailAddress MailCity St Zip LocalAddress LocalCity Zip Ownerl 4020801 PO BOX 12385 ROANOKE VA 24025 102 HIGHLAND AVE SE ROANOKE 24013 COMMUNITY HOSPITAL OF RKE VALLEY 4020814 PO BOX 12385 ROANOKE VA 24025 -2385 927 WILLIAMSON RD SE ROANOKE 24013 CARILION CLINIC PROPERTIES LLC 4020920 PO BOX 12461 ROANOKE VA 24025 1007 3 -1/2 ST SE ROANOKE 24013 COMFORT SERVICES INC 4021022 1909 4TH ST SE ROANOKE VA 24013 0 THREE ONE -HALF ST SE ROANOKE FAN CONVENIENCE LC 4021024 909 4TH ST SE ROANOKE VA 24013 0 THREE ONE -HALF ST SE ROANOKE FAN CONVENIENCE LC 4021025 909 4TH ST SE ROANOKE VA 24013 0 THREE ONE -HALF ST SE ROANOKE FAN CONVENIENCE LC 4021027 909 4TH ST SE ROANOKE VA 24013 0 4TH ST SE ROANOKE FAN CONVENIENCE LC 4021501 121 HIGHLAND AVE SE 200 STE ROANOKE VA 24013 101 HIGHLAND AVE SE ROANOKE 24013 PTOW PROPERTIES LLC 4021504 PO BOX 21029 WINSTON SALEM NC 27120 1001 WILLIAMSON RD SE ROANOKE 24013 FORT KNOX 1001 WILLIAMSON LLC 4021505 PO BOX 21029 WINSTON SALEM NC 27120 0 3RD ST SE ROANOKE FORT KNOX 1001 WILLIAMSON LLC 4021507 PO BOX 21029 WINSTON SALEM NC 27120 110 ALBEMARLE AVE SE ROANOKE FORT KNOX 1001 WILLIAMSON LLC 4021914 3017 NORTHRIDGE RD HARDY VA 24101 1018 4TH ST SE ROANOKE 24013 BURKE HATCHER LLC 4021914 3017 NORTHRIDGE RD HARDY VA 24101 1018 4TH ST SE ROANOKE 24013 BURKE HATCHER LLC 4021915 315 ALBEMARLE AVE SE BOX 3 ROANOKE VA 24013 1002 4TH ST SE ROANOKE KNI INVESTMENTS LLC 9999999 THREE COMMERCIAL PL NORFOLK VA 23510 NORFOLK SOUTHERN RAILROAD 9999999 THREE COMMERCIAL PL I NORFOLK VA 23510 NORFOLK SOUTHERN RAILROAD Adjoining Property Owners for 0 3rd Street, S.E. (Official Tax Map No. 4021505) TAXID MailAddress MailCity State MailZip LocalAddress LocalCit Zip Ownerl 4020801 PO BOX 12385 ROANOKE VA 24025 102 HIGHLAND AVE SE ROANOKE 24013 COMMUNITY HOSPITAL OF RKE VALLEY 4020814 PO BOX 12385 ROANOKE VA 24025 -2385 927 WILLIAMSON RD SE ROANOKE 24013 CARILION CLINIC PROPERTIES LLC 4020920 PO BOX 12461 ROANOKE VA 24025 1007 3 -1/2 ST SE ROANOKE 24013 COMFORT SERVICES INC 4021027 1909 4TH ST SE ROANOKE VA 24013 0 4TH ST SE ROANOKE FAN CONVENIENCE LC 4021501 21 HIGHLAND AVE SE 200 STE ROANOKE VA 24013 101 HIGHLAND AVE SE ROANOKE 24013 PTOW PROPERTIES LLC 4021505 PO BOX 21029 WINSTON SALEM NC 27120 0 3RD ST SE ROANOKE FORT KNOX 1001 WILLIAMSON LLC 4021506 128 ALBEMARLE AVE SE ROANOKE VA 24013 128 ALBEMARLE AVE SE ROANOKE 24013 PRESS PRESS MERCH LLC 4021507 1PO BOX 21029 WINSTON SALEM NC 27120 110 ALBEMARLE AVE SE ROANOKE FORT KNOX 1001 WILLIAMSON LLC 4021914 3017 NORTHRIDGE RD HARDY VA 24101 10184TH ST SE ROANOKE 24013 BURKE HATCHER LLC 4021914 3017 NORTHRIDGE RD HARDY VA 24101 1018 4TH ST SE ROANOKE 24013 BURKE HATCHER LLC 4021915 315 ALBEMARLE AVE SE BOX 3 ROANOKE VA 24013 1002 4TH ST SE ROANOKE KNI INVESTMENTS LLC 4022101 1315 ALBEMARLE AVE SE BOX 3 ROANOKE VA 24013 315 ALBEMARLE AVE SE ROANOKE 24013 KNI INVESTMENTS LLC 4030213 11 S JEFFERSON ST ROANOKE VA 24015 115 ALBEMARLE AVE SE ROANOKE 24013 115 ALBEMARLE AVE LLC 9999999 THREE COMMERCIAL PL NORFOLK VA 23510 NORFOLK SOUTHERN RAILROAD 9999999 THREE COMMERCIAL PL NORFOLK VA 23510 NORFOLK SOUTHERN RAILROAD Adjoining Property Owners for 110 Albermarle Avenue, SE (Official Tax Map No. 4021507) TAXID MailAddress MailCity State Zip LocalAddress LocalCity LocalZip Ownerl 4021501 21 HIGHLAND AVE SE 200 STE ROANOKE VA 24013 101 HIGHLAND AVE SE ROANOKE 24013 PTOW PROPERTIES LLC 4021505 PO BOX 21029 WINSTON SALEM NC 27120 0 3RD ST SE ROANOKE FORT KNOX 1001 WILLIAMSON LLC 4021506 128 ALBEMARLE AVE SE ROANOKE VA 24013 128 ALBEMARLE AVE SE ROANOKE 24013 PRESS PRESS MERCH LLC 4021507 1 PO BOX 21029 WINSTON SALEM NC 27120 110 ALBEMARLE AVE SE ROANOKE FORT KNOX 1001 WILLIAMSON LLC 4021508 PO BOX 13065 ROANOKE VA 24030 0 ALBEMARLE AV SE ROANOKE LYNDA & SHERRY LLC 4030202 11S JEFFERSON ST ROANOKE VA 24015 111 ALBEMARLE AVE SE ROANOKE 24013 115 ALBEMARLE AVE LLC 4030213 11S JEFFERSON ST ROANOKE VA 24015 115 ALBEMARLE AVE SE ROANOKE 24013 115 ALBEMARLE AVE LLC RECEIVED SEP 0 7 2018 CITY OF ROANOKE PLANNING BUILDING & DEVELOPMENT CITY OF ROANOKE PDV Alin Tina Carr 215 CHURCH AVE ROOM 166 ROANOKE VA 24011 The Roanoke Times Roanoke, Virginia Affidavit of Publication Account Number 6011439 Date September 04, 2018 Date Category Description Ad Size Total Cost 09/10/2018 Legal Notices PUBLIC HEARING NOTICE Any public hearings advertised h, 1 x 200 L 189400 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: 08/28 09/04/2018 The First insertion being given ... 08/28/2018 Newspaper reference: 0000810324 Billing Repres ntative Sworn to and subscribed before me this Tuesday, September 4, 2018 v otary Publ e'% State Yvirginla �P¢"NOTARY A'%N City /County of Roanoke ... A:' : PUBLIC My Commission expires = * : REG. #332564 MY COMKI'SSION g c� E: R'S G PUBLIC HEARING NOTICE Any 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. Any applications will be available for review in Planning, Building, 6 Development, first floor. Room 170, 215 Church Avenue, S.W., Roanoke, Virginia. The City of ltoanete libnalp Cominkslen will hold a public hearing on September 10, 2018, at 1:30 p.m., or as soon thereafter as the matters may be heard, to consider these applications: Application by Fart Knox 1001 Williamson, I.I.C. to amend existing conditions proffered as part of a previous rezoning at 1001 Williamson Road, S.E., 0 (zero) 3rd Street, S.E., and 110 Albemarle Avenue, S.E. bearing Official Tax Map Nos. 4021504, 4021505, and 4021507, respectively, previously rezoned with conditions through the adoption of Ordinance No 40783 032017 on March 20, 2017 The amendments to the conditions propose to change the development plan and elevations. The land use categories Permitted in I t District include commercial; industrial; warehousing and distribution; assembly and entertainment: public, institutional and community; transportation; utility; agricultural: and accessory; with no maximum density specified and a maximum floor area ratio of 2.0. The comprehensive plan designates the property for commercial use, but does not specify density. The proposed use remains a self - storage building with possible business service establishment. Application by Frontier Development to rezone the property and repeal conditions proffered as part of a previous rezoning at 3601 Blue Hills Village Drive, N.E., bearing Official Tax Map No. 7160117. The application is to rezone the property from Commercial General District (CG), with conditions, to Mixed Use Planned Unit Development District (MXPtID). The conditions proposed for repeal, placed on the property through the adoption of Ordinance No. 31461. 061906 on June 19, 2006, restrict curb cuts on Orange Avenue, permit only one freestanding sign per principal permitted use developed on the property, and state that the principal permitted uses are limited to: hotel or motel; business service establishment, not otherwise listed In Table 340.1. Use Matrix; financial institution; office, general or professional; office, general or professional, large scale; drive-through facility, subject to Sec 36.2.409; mixed use building, subject to Sec 36.2.416; bakery, confectionary, or similar food production, retail; dry cleaning and laundry pick-up station, personal service establishment, not otherwise listed in Table 340- 1. Use Matrix, retail sales establishment not otherwise listed in Table 340 -1, Use Matrix; eating establishment; eating and drinking establishment, not abutting a residential district; entertainment establishment, not abutting a residential district; health and fitness center; recreation, indoor; artist studio, day care center, adult; and day care center, child, subject to Sec. 362408. The land use categories permitted in MXPUU District include residential; accommodations and group living; commercial: warehousing and distribution: assembly and entertainment; public, institutional. and community; transportation; utility; agricultural; and accessory; with a maximum density of one dwelling unit per 1,800 square feet of lot area and no maximum floor area ratio. The comprehensive plan designates the property for general commercial use, but does not specify density The proposed use is an eating establishment A request by the City of Roanoke to consider an amendment to Vision 2001 2020, the city's comprehensive plan, to replace the 2007 Update to the Roanoke Valley Conceptual Greenway Plan with the 2018 Roanoke Valley Greenway Plan The greenway plan will document progress towards goals identified in previous plans, consider additional routes and issues, and incorporate Botetourt County, a new member of the Greenway Commission, Into the planning process and vision. Tina M. Carr, Secretary, City Planning Commission City Coad will hold a public hearing on the aforesaid applications on September 17, 2018, at 7:00 p.m„ or as soon thereafter as the matters may be heard, in the City Council Chamber fourth floor. Roam 450, Noel C. Taylor Municipal Building, 215 Church Avenue. S.W., Roanoke, Virginia. Any person with a disability requiring any special accommodation to attend or participate in the public hearings should contact the City Clerk's office at (540) 853 -2541 at least five days prior to the scheduled public hearings. Stephanie M. Moon Reynolds, MMC, City Clerk The City of Ranoke Boad of Zoning Appeals will !told public hearings on September 12, 2018, at 1:00 p.m., or as soon thereafter as the matters may be heard, to consider these applications; Application by Christin Lynn Bowles for property located at 4529 Plantation Road, N.E., bearing Official Tax Map No. 3300101, for a special exception pursuant to Section 352322, Zoning, Code of the City of Roanoke (1979). as amended, to establish a kennel, outdoor pens or runs. Application by Teresa Hancock for property located at 1434 Peters Creek Road, N.W , bearing Official Tax Map No. 2770114, for a special exception pursuant to Section 36.2-31S, Zoning, Code of the City of Roanoke (1979). as amended, to establish a contractor or tradesman's shop, general or special trade. Application by DdT Richards for property located at 1543 Eton Road, S.W., bearing Official Tax Map No. S1SO403, for a special exception pursuant to Section 36.2.311, Zoning, Code of the City of Roanoke (1979), as amended, to establish a family day home. Application by Birgit Olesen for property located at 3748 Garden City Blvd, S.E., bearing Official Tax Map No. 4400208, for a special exception pursuant to Section 361311, Zoning, Code of the City of Roanoke (1979), as amended, to establish a dwelling, two family 8103241 Donna M Paym. Secretary City Board of Zoning Appeal, J�2i PUBLIC HEARING NOTICE PUBLIC IFEARING NOTICE Any 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. Any applications will be available for review in Planning, Building, & Development, first floor, Room 170, 215 Church Avenue, S.W., Roanoke, Virginia. The City of Roanoke Planning Commission will hold a public hearing on September 10, 2018, at 1:30 p.m.,. or as soon thereafter as the matters may be heard, to consider these applications: Application by Fort Knox 1001 Williamson, LLC, to amend existing conditions proffered as part of a previous rezoning at 1001 Williamson Road, S.E., 0 (zero) 3rd Street, S.E., and 110 Albemarle Avenue, S.E., bearing Official Tax Map Nos. 4021504, 4021505, and 4021507, respectively, previously rezoned with conditions through the adoption of Ordinance No. 40783- 032017 on March 20, 2017. The amendments to the conditions propose to change the development plan and elevations. The land use categories permitted in 1 -1 District include commercial; industrial; warehousing and distribution; assembly and entertainment; public, institutional and community; transportation; utility; agricultural; and accessory; with no maximum density specified and a maximum floor area ratio of 2.0. The comprehensive plan designates the property for commercial use, but does not specify density. The proposed use remains a self - storage building with possible business service establishment. Application by Frontier Development to rezone the property and repeal conditions proffered as part of a previous rezoning at 3601 Blue Hills Village Drive, N.E., bearing Official Tax Map No. 7160117. The application is to rezone the property from Commercial- General District (CG), with conditions, to Mixed Use Planned Unit Development District (MXPUD). The conditions proposed for repeal., placed on the property through the adoption of Ordinance No. 37461- 061906 on June 19, 2006, restrict curb cuts on Orange Avenue, permit only one freestanding sign per principal permitted use developed on the property, and state that the principal permitted uses are limited to: hotel or motel; business service establishment, not otherwise listed in Table 340 -1, Use Matrix; financial institution, office, general or professional; office, general or professional, large scale, drive - through facility, subject to See 36.2 -409; mixed use building, subject to Sec. 36.2 -416: bakery, confectionary, or similar food production, retail, dry cleaning and laundry pick -up station; personal service establishment, not otherwise listed in Table 340 -1, Use Matrix, retail sales establishment not otherwise listed in Table 340 -1, Use Matrix; eating establishment; eating and drinking establishment, not abutting a residential district; entertainment establishment, not abutting a residential district, health and fitness center; recreation, indoor; artist studio; day care center, adult; and day care center, child, subject to Sec. 36.2 -408. The land use categories permitted in MXPUD District include residential; accommodations and group living; commercial; warehousing and distribution; assembly and entertainment; public, institutional, and community; transportation: utility; agricultural; and accessory: with a maximum density of one dwelling unit per 1,800 square feet of lot area and no maximum floor area ratio. The comprehensive plan designates the property for general commercial use, but does not specify density. The proposed use is an eating establishment. A request by the City of Roanoke to consider an amendment to Vision 2001 -2020, the city's comprehensive plan, to replace the 2007 Update to the Rounoke 1 "ulley Conceptuul Greeinvuy Plun with the 2018 Roanoke f,alley, Greemtwj, Plan. The greenway plan will document progress towards goals identified in previous plans, consider additional routes and issues, and incorporate Botetourt County, a new member of the Greenway Commission, into the planning process and vision. "Dina M. Carr, Secretary, City Planning Commission City Council will hold a public hearing on the aforesaid applications on September 17, 2018, at 7:00 p.m., or as soon thereafter as the matters may be heard, in the City Council Chamber, fourth floor. Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. Any person with a disability requiring any special accommodation to attend or participate in the public hearings should contact the City Clerk's office at (540) 853 -2541 at least five days prior to the scheduled public hearings. Stephanie M. Moon Reynolds, MMC, City Clerk The City of Roanoke Board of Zoning Appeals will hold public hearings on September 12, 2018, at 1:00 p.m., or as soon thereafter as the matters may be heard, to consider these applications: Application by Christin Lynn Bowles for property located at 4529 Plantation Road, N.E., bearing Official Tax Map No. 3300101, for a special exception pursuant to Section 36.2 -322, Zoning, Code of the City of Roanoke (1979), as amended, to establish a kennel, outdoor pens or runs. Application by Teresa Hancock for property located at 1434 Peters Creek Road, N.W., bearing Official "lax Map No. 2770114, for a special exception pursuant to Section 36.2 -315, Zoning, Code of the City of Roanoke (1979), as amended, to establish a contractor or tradesman's shop, general or special trade. Application by D &T Richards for property located at 1543 Eton Road, S.W., bearing Official Tax Map No. 5150403, for a special exception pursuant to Section 36.2 -311, Zoning, Code of the City of Roanoke (1979), as amended, to establish a family day home. Application by Birgit Olesen for property located at 3748 Carden City Blvd, S.E., bearing Official Tax Map No. 4400208, 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. Donna M. Payne, Secretary, City Board ot'Zoning Appeals Please publish in newspaper on Tuesday, August 28, 2018, and Tuesday, September 4, 2018. Please bill and send affidavit of publication to: Tina M. Carr Secretary to the Planning Commission Planning, Building, & Development City of Roanoke Noel C. Taylor Municipal Building 215 Church Avenue, SW, Room 166 Roanoke, VA 24011 540/853 -1730 tina.carr u'Toanokeva.gov Donna M. Payne Secretary to the Board of 'Zoning Appeals Planning, Building, & Development City of Roanoke Noel C. Taylor Municipal Building 215 Church Avenue, SW, Room 166 Roanoke, VA 24011 540/853 -1730 donna.payne (u) roanokeva.,-,ov 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 STEPHANIE M. MOON REYNOLDS, MMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 21.5 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail: clerk(tvroanokeva.gov CECELIA F. MCCOY Deputy City Clerk August 30, 2018 CECELIA T. wEBB, CIVIC Assistant Deputy City Clerk Maryellen F. Goodlatte, Esquire Glenn Feldmann Darby & Goodlatte P. O. Box 2887 Roanoke, Virginia 24001 -2887 Dear Mrs. Goodlatte: A public hearing has been advertised to be heard by the City Planning Commission on Monday, September 10, 2018 at 1:30 p.m., in the EOC Conference Room, Room 159, First Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., regarding a request of Fort Knox 1001 Williamson, LLC, to amend existing conditions proffered as part of a previous rezoning at 1001 Williamson Road, S. E., 0 (zero) 3rd Street, S. E., and 110 Albemarle Avenue, S. E., respectively. (See copy of the Public Hearing Notice attached.) Pursuant to provision of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, a public hearing also has been scheduled to be held on Monday, September 17 at 7:00 p.m. before the Roanoke City Council in the Council Chamber, pending formal action by the City Planning Commission, which may be viewed on the City's webpage, www.roanokeva.gov, under "Roanoke Planning Commission News ", following its meeting on September 10. 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. Since ly, s bt?� Step �.nie.. Moon Rey stMC4 City Clerk Enclosure PC: James Cherney, Fort Knox 10b1 Williamson, LLC , 301 Cassell Lane, S. W, Roanoke, Virginia 24014 William E. Hollan, Jr., Manager, Fort Knox 1001 Williamson, LLC, P. O. Box 21029, Winston Salem, North Carolina 27120 STEPHANIE M. MOON REYNOLDS, MMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail: derk(mroanokeva.gov CECELIA F. MCCOY Deputy City Clerk August 30, 2018 CECELIA T. WEBB, CMC Assistant Deputy City Clerk Community Hospital of Roanoke Valley Burke Hatcher, LLC Carilion Clinic Properties, LLC KNI Investments, LLC Comfort Services, Inc. 115 Albemarle Avenue, LLC FAN Convenience, LLC Norfolk Southern Railroad PTOW Properties, LLC Lynda & Sherry, LLC Press Press Merch, LLC Ladies and Gentlemen: A public hearing has been advertised to be heard by the City Planning Commission on Monday, September 10, 2018 at 1:30 p.m., in the EOC Conference Room, Room 159, First Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., regarding a request of Fort Knox 1001 Williamson, LLC, to amend existing conditions proffered as part of a previous rezoning at 1001 Williamson Road, S. E., 0 (zero) 3rd Street, S. E., and 110 Albemarle Avenue, S. E., respectively. (See copy of the Public Hearing Notice attached.) Pursuant to provision of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, a public hearing also has been scheduled to be held on Monday, September 17 at 7:00 p.m. before the Roanoke City Council in the Council Chamber, pending formal action by the City Planning Commission, which may be viewed on the City's webpage, www.roanokeva.gov, under "Roanoke Planning Commission News ", following its meeting on September 10. 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. Enclosure September 13, 2018 Planning and Zoning Department Attention: Mr. Ian Shaw City of Roanoke 215 Church Avenue Roanoke, VA 24011 Eq:0 t tab 1. t -ci.1h H t Re: Amending zoning conditions, 1001 Williamson Road (former Shepherd's site) Dear Mr. Shaw: As a neighbor and property owner impacted by the redevelopment of the Shepherd's site, I want to express my full support of the request to modify the existing zoning conditions. I have met with the new owner and understand that the self - storage building to be constructed will be 4 stories instead of 3. 1 have also seen the current building plans and believe it will be a positive and very attractive addition to our neighborhood. I'm looking forward to the new building and all the positive economic activity it will bring to this portion of Williamson Road. Sincerely, re enyi Press Press Merch 128 Albemarle Avenue SE Roanoke, VA 24013 t.t.-lu twu 1. L -d-th Nt. September 13, 2018 Planning and Zoning Department Attention: Mr, Ian Shaw City of Roanoke 215 Church Avenue Roanoke, VA 24011 Re: Amending zoning conditions, 1001 Williamson Road Dear Mr. Shaw: I write to express my complete support of the request to modify the existing zoning condition sought by the owners of the above property. I am aware that the proposed self-storage building will be four stories high instead of three stories. I have also seen the elevations for the building It will be a beautiful building and a positive addition to the neighborhood. Please encourage approval of the request. Very truly yours, Seth Walters Excel Prosthetics 115 Albemarle Avenue SE Roanoke, VA 24013 STENIIANIE M. MOON REYNOLDS, MMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail: clerk @roanokeva.gov CECELIA F. MCCOY Deputy City Clerk CECELIA T. WEBB, CMC Assistant Deputy City Clerk September 20, 2018 Chris Burns, P. E. Balzer and Associates, Inc. 1208 Corporate Circle Roanoke, Virginia 24018 Dear Mr. Burns: I am enclosing copy of Ordinance No. 41 263- 091 71 8 rezoning certain property located at 3601 Blue Hills Village Drive, N.E., bearing Official Tax Map No. 7160117, from CG, Commercial General District, with conditions, to MXPUD, Mixed Use Planned Unit Development District, and to repeal Ordinance No. 37461- 061906, adopted June 19, 2006, to the extent that it placed certain conditions the subject property. The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, September 17, 2018, and is in effect upon passage. Sincerely, Stephanie M. Moon Reyn , M City Clerk Enclosure PC: National Bank of Commerce, P. O. Box 26665, Richmond, Virginia 23261 Member One Federal Credit Union, P. O. Box 12288, Roanoke, Virginia 24024- 2288 Parkway Wesleyan Church, Inc., 3645 Orange Avenue, N. E., Roanoke, Virginia 24012 VIAMAC, Inc., 4909 Starke Road, Suite 103, Roanoke, Virginia 24018 Rent -A -Space 460, Inc., P. O. Box 2344, Davidson, N. C. 28036 Manatee Associates, Inc., 3922 Electric Road, S. W., Roanoke, Virginia 24018 SJK Global, LLC, 2926 Sayre Road, Fairfax, Virginia 22031 Chris Burns, P. E. September 20, 2018 Page 2 pc: James Leach, Frontier Development, 1801 S. W., 3rd Avenue, Suite 500, Florida 33129 F. Brad Denardo, President and CEO, The National Bank of Blacksburg, Box 90002, Blacksburg, Virginia 24062 -9002 The Honorable Brenda Hamilton, Clerk of the Circuit Court Robert S. Cowell, Jr., City Manager R. Brian Townsend, Assistant City Manager for Community Development Chris Chittum, Director, Planning, Building, and Development Katharine Gray, Land Use and Urban Design Planner Luke Pugh, City Engineer Amelia C. Merchant, Director of Finance Susan Lower, Director of Real Estate Valuation Daniel J. Callaghan, City Attorney Timothy Spencer, Senior City Attorney Tina Carr, Secretary, City Planning Commission Miami, • (�: 1 X15 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of September, 2018. No. 41263- 091718. AN ORDINANCE to rezone certain property located at 3601 Blue Hills Village Drive, N.E., bearing Official Tax Map No. 7160117, from CG, Commercial General District, with conditions, to MXPUD, Mixed Use Planned Unit Development District; repealing Ordinance No. 37461- 061906, adopted June 19, 2006, to the extent that it placed certain conditions on property located on the subject property; and dispensing with the second reading of this ordinance by title. WHEREAS, James Leach, on behalf of Frontier Development, has made application to the Council of the City of Roanoke, Virginia ( "City Council "), to rezone certain property located at 3601 Blue Hills Village Drive, N.E., bearing Official Tax Map No. 7160117, from CG, Commercial General District, with conditions, to MXPUD, Mixed Use Planned Unit Development District, and to repeal Ordinance No. 37461- 061906, adopted June 19, 2006, to the extent that it placed certain conditions the subject property; 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 Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on September 17, 2018, 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 proposed rezoning as set forth above; and; WHEREAS, this Council, after considering the aforesaid application, the recommendation made to this Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, Rezone and repeal existing proffers - 3601 Blue Hills - revised.doc I convenience, general welfare and good zoning practice, require the actions sought and described in this Ordinance and the Zoning Amended Application No. 1 dated August 17, 2018, and for those reasons is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Ordinance No. 37461 - 061906, adopted June 19, 2006, to the extent it placed certain conditions on property located on 3601 Blue Hills Village Drive, N.E., bearing Official Tax Map No. 7160117, is hereby REPEALED, and that the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect such action. 2. The property located at 3601 Blue Hills Village Drive, N.E., being designated as Official Tax Map Nos. 7160117, be rezoned from CG, Commercial General District, with conditions, to MXPUD, Mixed Use Planned Unit Development District, as set forth in the Zoning Amended Application No. 1 dated August 17, 2018, and that §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 such action. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: 14��Q�\rn � City Clerk Rezone and repeal existing proffers - 3601 Blue Hills- revised.doc 2 r. �. COUNCIL CITY AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: September 17, 2018 Subject: Application by Frontier Development to rezone the property and repeal conditions proffered as part of a previous rezoning at 3601 Blue Hills Village Drive, N.E., bearing Official Tax Map No. 71601 17. The application is to rezone the property from Commercial - General District (CG), with conditions, to Mixed Use Planned Unit Development District (MXPUD). Summary: The Planning Commission held a public hearing on September 10, 2018. By a vote of 6 -0, the Commission recommends approval of the rezoning request, finding that the Amended Application No. 1 is consistent with the City's Comprehensive Plan, Hollins /Wildwood Area Plan, and Zoning Ordinance as the subject property will be developed and used in a manner appropriate to the surrounding area. Application Information: Request: Applicant: Owner: Agent: City Staff Person: Address: Official Tax Nos.: Site Area: Relevant Plans: Proposed Land Use: Future Land Use: Filing Date: [Type text] Rezoning and Repeal of Proffered Conditions James Leach, Frontier Development Brad Denardo, The National Bank of Blacksburg Chris Burns, Balzer and Associates, Inc. Katharine Gray, Land Use and Urban Design Planner 3601 Blue Hills Village Drive, N.E. 7160117 +/- 1.56 acres Hollins /Wildwood Area Plan Eating establishment with drive - through facility General Commercial Original Application: July 30, 2018 Amended Application No. 1: Aug. 17, 2018 Background: The Roanoke Centre for Industry and Technology (RCIT) was developed in the 1980's at the eastern edge of the City along Orange Avenue to facilitate a wide variety of uses such as manufacturing, distribution, warehousing, and logistics within the city. The industrial park was expanded in the early 1990's. In 2004, in order to create commercial development at the entrance of RCIT, the approximately 1 1 acre parcel at the entrance to RCIT was rezoned from LM, Light Manufacturing, to C -2, General Commercial District, with conditions restricting property use, curb cuts on Orange Avenue, and freestanding signage. In 2005, the property was rezoned from C -2, General Commercial District, to CG, Commercial - General District, as part of the 2005 Comprehensive Rezoning. The existing conditions on the property remained. In 2006, the proffered conditions were amended to increase the number uses permitted on the property from six to nineteen. In 2007, the approximately 1 1 acre property was subdivided into eight parcels, including the subject property of this request. The subject property at the intersection of Orange Ave and Blue Hills Village Drive included a stormwater management basin and sign easement. The subdivision site plan (plan that shows the layout of lots, general grading and public improvements such as streets) submitted with the subdivision plat indicated a building on the subject parcel in the corner of the developable area of the parcel closest to Orange Avenue and Blue Hills Drove, N.E. No development plan for the parcel itself was submitted. In 2011 the zoning ordinance was amended to establish standards for building placement and fa4ade treatment that apply to most multiple purpose zoning districts, including the CG district. The applicant wishes to develop the corner entrance parcel, but finds the sign easement and stormwater management basin and associated easement prohibit development as required per the building placement standards of the CG District. Therefore, the applicant wishes to amend the zoning to MXPUD, Mixed Use Planned Unit Development, to allow development on the site while adhering to as many of the principles of the surrounding CG District as possible. Proposed Use /Development: The proposed use for the property is an eating establishment with a drive - through facility. The amended development plan focuses the building development towards the intersection of Orange and Blue Hills Drive, N.E. The existing proffered conditions are requested to be repealed and the developments standards listed on the PUD plan address concerns previously addressed by the proffered conditions. 2 Considerations: Compatibility with Surrounding Land Uses: The property is located on the eastern edge of the City along Orange Avenue at the entrance to the Roanoke Centre for Industry and Technology. It is surrounded by CG, Commercial General, and 1 -1, Light Industrial, property as shown on the Zoning Map Excerpt enclosed as Attachment A. The developable area of the site is topographically above Orange Avenue and physically separated by a stormwater management basin that serves multiple properties at the southeastern edge of the property. Consistency with Comprehensive Plan: Both Vision 2001 -2020 and the Hollins /Wildwood Area Plan encourage the development of properties within the existing commercial areas of the City. The area is located at the industrial park's main entrance on an arterial corridor at the eastern boundary of the City. Policy /Action Plan I Applicability to matter Commercial development. Roanoke Comprehensive The property will be will encourage commercial Plan' pg. 61 developed for a commercial development in appropriate areas use meeting the needs of (i.e., key intersections and centers) the surrounding of Roanoke to serve the needs of community. citizens and visitors. Building location and design should Comprehensive The amendment proposes be considered as important elements Plan pg. 95 the building placement of the streetscape and should be addressing the most - used to define the street corridor as traveled streets, large a public place, especially at major quantities of glazing on the intersections. primary street - facing fa4ade, and primary entrance facing the street the street. New Development: Require new Hollins /Wildwo The rezoning to MXPUD developments to incorporate urban od Area Plan', allows the building to be amenities (e.g. sidewalks and curbs), pg. 46 placed as close to the most and mixed -use (commercial and traveled streets residential) where possible. surrounding the property as Orange Avenue Corridor: Update the possible with parking to the zoning ordinance to require the side. It also adds sidewalks Vision 2001 -2020, City of Roanoke, 2001 ' Hollins /Wildwood Area Plan, City of Roanoke, 2005 3 Policy /Action I Plan design guidelines of Vision 2001- 2020; buildings should be closer to the street with parking to the side or rear. Comments on Application: Planning Commission Work Session: Applicability to matter for accessibility. Discussion during the Planning Commission Work Session revolved around layout of the site /design of the buildings and how the proposed project addresses the adjacent streets. Rezoning to MXPUD allows some flexibility to deal with lots that contain unusual constraints to conventional development (i.e. the stormwater pond on the front of the parcel), but does not exempt the applicant from trying to comply with building placement, entrance location, fa4ade transparency, and pedestrian access policy requirements of the current CG district. Those requirements are generally intended to make sure that buildings adequately address the abutting streets. The proposed development plan should reflect a development that addresses abutting streets in an appropriate manner, however, the current layout largely addresses the parking area rather than any of the three abutting streets. This can be addressed by some fairly simple design changes, some options for which are outlined below. 1. The current proposal does not show an efficient use of the parcel as required and precludes further development of the property by the current placement of the building and parking on the lot. An active use space or additional landscaping in unused areas could be appropriate. 2. Elevation drawings are needed to determine compatibility of all structures with the character and appearance of the surrounding neighborhood. 3. If this property were to remain CG we'd expect 50% transparency and a primary entrance facing Orange. From the photos, it looks like you meet the transparency and there appears to be a door on this side. The primary entrance door facing Orange should be further emphasized similar to the side elevation that faces the parking area with a similar level of architectural detail so that is readily identifiable as per our definition. 4. Sliding the building slightly back on the parcel could also allow you to create a larger patio area that would include the currently proposed area and then wrap the southwest corner of the building to the drive through window. This would create more activity in front of the building and would help the building better address Orange Avenue and Blue Hills Drive by moving more activity to the front. 0 5. You should look to provide 25% transparency along the Blue Hills Drive side. Based on your floorplan, wrapping windows around the corner onto the Blue Hills elevation as much as you could meet most of that requirement with some sort of architectural feature to increase the visual interest on the remainder of that facade. Others have used changes in materials, building offsets, murals, green walls, etc. to meet the intent when a window was not possible on a portion of the facade. 6. Other facades of the building (when three or more frontages) would either have to have 15% transparency or have deciduous trees or shrubs along the facade. You could use landscaping on the north side if needed. 7. The dumpster location is not approvable as it is between the building and the street. Incorporating the dumpster into the rear of the building would best address the issues with this site and you could include that in the landscaping mentioned in Item 5 for an interesting alcove /landscape feature. 8. Pedestrian access should be shown on the plan - you should mirror what would be required in 36.2 -318 for a CG property as far as pedestrian access from the right -of -way with a connection from both Blue Hills and Blue Hills Village. The applicant subsequently filed Amended Application No. 1 addressing the comments noted above. Interdepartmental Comments: Parks and Recreation Since this new business will be in very close proximity to and service users of the new Read Mountain Greenway Trail as well as a portion of the Tinker Creek trail, the owners may desire to install bicycle parking space with racks. Planning Building and Development The proposed sidewalk should include other parts of this development. a planting strip similar to that in the Transportation 1) Evaluate whether a Traffic Impact Study will be required, per City Code 36.2, Appendix B: Submittal Requirements. Use the 10th edition of the ITE manual and include scanned copies of the entire land -use code(s) selected to estimate trip generation. All possibilities (coffee shop, restaurant, etc) for this proposed building should be analyzed if the type of established is not known yet. 2) For a potential future widening of Orange Avenue, a right -of -way dedication will likely be needed of approximately 10 -12 feet - the exact number can be discussed at a later point. 5 3) For the proposed sidewalk along Blue Hills Drive, please extend all the way to the intersection of Orange Avenue. Discuss with Planning and Zoning the landscaping strip /street tree requirements. If street trees are required, please contact Bill West and ramie King to discuss tree selection if in the public right - of -way. (Phone: 540 - 853 -1994) Public Comments: None received. Planning Commission Public Hearing: No members of the pubic were present to speak on this application. Conclusions and Recommendations: Planning Commission recommends approval as this application. As previously noted, the property is part of the commercial development area at the entrance to the City's industrial park on the eastern boundary of the City. As it is a prominent property at the industrial park and the entrance to the City, it is important that it reflect the character of commercial form standards of the surrounding commercial district regulations. The proposed MXPUD development plan and repeal of proffered conditions allows the building to be sited in the southern corner of the buildable area of the parcel, provides a primary entrance on the fa4ade facing the most traveled street near the building, and provides glazing on those sides as would be required in the CG District standards. dames E. Smith, Chair City Planning Commission Enclosure: Amended Application No. 1 Zoning District Map Distribution: Robert S. Cowell, Jr., City Manager R. Brian Townsend, Assistant City Manager Chris Chittum, Director of Planning, Building, & Development Daniel J. Callaghan, City Attorney Timothy R. Spencer, Senior Assistant City Attorney James Leach, Frontier Development Brad Denardo, The National Bank of Blacksburg Chris Burns, Balzer and Associates, Inc. 6 ZONING DISTRICT MAP 3601 Blue Hills Village Drive, NE Official Tax Parcel: 7160117 QArea to be Rezoned Zoning AD. Airport Dev INPUD: Institutional Planned Unit Dev - IPUD Industrial Planned Unit Dev MX. Mixed Use MXPUD: Mixed Use Planned Unit Dev R -12 Res Single - Family R -3 Res Single - Family R.S. Res Single - Family R -7 Res Single - Family RA Res - Agricultural RM -1: Res Mixed Density RM -2 Res Mixed Density RMF Res Multifamily i ROS: Recreation and Open Space - OF Urban Flex Conditional Zoning N �"'L1'y l 0 100 200 Feet YYY IS Attachment A CG Commercial- General CLS Commercial-Large Sac CN Commercial - Neighborhood D Downtown I -1 Light Industrial 1 -2 Heavy Industrial 1� IN Institutional INPUD: Institutional Planned Unit Dev - IPUD Industrial Planned Unit Dev MX. Mixed Use MXPUD: Mixed Use Planned Unit Dev R -12 Res Single - Family R -3 Res Single - Family R.S. Res Single - Family R -7 Res Single - Family RA Res - Agricultural RM -1: Res Mixed Density RM -2 Res Mixed Density RMF Res Multifamily i ROS: Recreation and Open Space - OF Urban Flex Conditional Zoning N �"'L1'y l 0 100 200 Feet YYY IS Attachment A _Zoning Amendment AppliCatiOIRECEIVED Department of Planning, Building and Development ROA N O K E Room 166, Noel C. Taylor Municipal Building AUG 17 2018 215 Church S.W. venue, Roanoke, Virginia e, S. CITY OF ROANOKE Click Here to Print Phone: (540) 853 -1730 Fax: (540) 853 -1230 PLANNING 6UtL 8 DEVELOPMENT NT Filing Date:IAug 17, 2018 I Submittal Number: (Amended Application No.1 Raauwstr( mil that iwiw ❑ Rezoning, Not Otherwise Listed ❑ Rezoning, Conditional ❑x Rezoning to Planned Unit Development ❑ Establishment of Comprehensive Sign Overlay District • Address: 3601 Blue Hills Village Drive, NE Official Tax No(s).: 7160117 ❑ Amendment of Proffered Conditions ❑ Amendment of Planned Unit Development Plan ❑ Amendment of Comprehensive Sign Overlay District Existing ❑ Without Conditions Ordinance Zoning: CG, Commercial - General X❑ With Conditions NO(s). (If 37461- 061906 ❑ Planned Unit Development applicable): Requested ❑Without Conditions Proposed Zoning: IMXPUD, Mixed Use Planned Unit Developme ❑ With Conditions Land Use: Commercial ❑ x Planned Unit Development Name: The National Bank of Blacksburg Phone Number: Address: P.O. Box 90002 Blacksburg, VA 24062 E -mail: Rop" 0—Is SOO- AWWbmnt tnfwmation (H different from owner): Name: Frontier Development Phone Number: +1 (305) 682 -0591 Address: 1801 SW 3rd Avenue, Suite 500 Miami, FL 33129 E -mail: jleach @fdllc.com Name: Balzer and Associates, Inc. - Chris Burns, P.E. Phone Number. +1 (540) 772 -9580 Address: 1208 Corporate Circle Roanoke, VA 24018 E -mail: churns @balzer.cc A0 Zoning Amendment'' Applicat'01AECIDVED Department of Planning, Building and Development ROA N O K E Room 166, Noel C. Taylor Municipal Building AUG 17 2018 215 Church Avenue, S.W. Roanoke, Virginia 24011 CITY OF ROANOKE Click Here to Print Phone: (540) 853 -1730 Fax: (540) 853 -1230 PLANNING BUILDING & Filing Date: Aug 17, 2018 Submittal Number: Amended Application No. l Request (select all that aaph►l: ❑ Rezoning, Not Otherwise Listed ❑ Rezoning, Conditional Q Rezoning to Planned Unit Development ❑ Establishment of Comprehensive Sign Overlay District Q Amendment of Proffered Conditions ❑ Amendment of Planned Unit Development Plan ❑ Amendment of Comprehensive Sign Overlay District Address: 3601 Blue Hills Village Drive, NE Official Tax No(s).: 7160117 Existing ❑ Without Conditions Ordinance Zoning: FCGCommercial-General ❑X With Conditions No(s). (If 37461- 061906 ❑ Planned Unit Development applicable): Requested ❑ Without Conditions Proposed Zoning: MXPUD, Mixed Use Planned Unit Developmei ❑ With Conditions Land Use: Commercial 7 Planned Unit Development • .s � .�� - IZ • iii - CTi� Name: IThe National Bank of Blacksburg Phone Number: Sib- 9S'1— 6Z.3 1 Address: P.O. Box 90002 Blacksburg, VA 24062 E -mail: �j e" ,� a• ,Cfl +- C P—D �&piicant Into natj9ffl f d_[ff9_r rom owner): Name: Frontier Development Phone Number: 1 +1 (305) 682 -0591 Address: 1801 SW 3rd Avenue, Suite 500 Miami, FL 33129 E -mail: 'leach @fdllc.com AWicmlk S#W- e Authadmed Agent Information (111 aoolicablo Name: Balzer and Associates, Inc. - Chris Burns, P.E. Phone Number, +1 (540) 772 -9580 Address: 1208 Corporate Circle Roanoke, VA 24018 E -mail: cburns @baizer.cc �� ♦ /l ZZwc-n n Amendment fx Completed application form and checklist, r Written narrative explaining the reason for the request. f Metes and bounds description, if applicable. fx Filing fee. ION 0" 1000, 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. owl ROANOKE Concept plan meeting the Application Requirements of item'2(c)' in Zoning Amendment Procedures. Please label as r 'development plan' if proffered. F 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. Amended development or concept plan meeting the Application Requirements of item '2(c)' in Zoning Amendment Procedures, r if applicable. F Written proffers to be amended. See the City's Guide to Proffered Conditions. F Copy of previously adopted Ordinance. For, * W* , F Amended development plan meeting the requirements of Section 36.2 -326 of the City's Zoning Ordinance. F Traffic impact analysis. F Concept plan. F Proffered conditions, if applicable. r Required fee. *An electronic copy of this application and checklist can be found at www. roanokeva .gov /planningcommission. A complete packet must be submitted each time an application is amended, unless otherwise specified by staff. 3601 BLUE HILLS VILLAGE DRIVE, NE REZONING REQUEST NARRATIVE: This request is being made on behalf of Frontier Development (contract purchaser) to rezone Tax Parcel 7160117 from CG(c) (Commercial- General with Conditions) to MXPUD (Mixed Use Planned Unit Development District) to allow for the proposed commercial development on the property. The total acreage being rezoned is 1.5670 acres + / -. The property is currently vacant with an existing stormwater management facility located adjacent to Orange Avenue. The reason for this rezoning request is that the unique location and configuration of this corner parcel and the location of the existing stormwater management facility make it unfeasible to meet the setback requirements of the current CG zoning district. The current CG zoning district has a maximum 30' front yard setback and, with this being a corner parcel, this setback must be met on two frontages. This maximum setback cannot be met along the primary street frontage of Orange Avenue where it is required to be met due to the existing stormwater management facility and easement. The attached Development Plan shows the proposed layout of the building and parking area. The building has been shown close to the corner of Orange Avenue and Blue Hills Drive to maintain consistency with the spirit of the original CG zoning and with existing development along the Orange Avenue corridor. The proposed restaurant building is one -story and consists of approximately 2,500 s.f. and will include a drive -thru facility. Parking for the site will be provided in accordance with the requirements of the Zoning Ordinance. The site will be accessed via a proposed full access entrance on Blue Hills Village Drive. There are existing pedestrian accommodations along Blue Hills Village Drive. A sidewalk is proposed along Blue Hills Circle to provide pedestrian access to the signalized intersection. It should be noted that this property is subject to previous Ordinance 437461- 061906, dated June 19, 2006, which placed proffered conditions on the property, including a limitation of allowable uses on the property. This request will repeal the proffered conditions found in Ordinance 437461- 061906. A later ordinance ( #40058- 091514), dated September 15, 2014, placed further limitations on uses that would be permitted on the property, but did not change the original proffered conditions. This request will incorporate the more restrictive list of uses found in ordinance #40058- 091514 directly on the development plan. The proposed signage has been included on the development plan which addresses the existing and proposed signage needs of the City of Roanoke, and meets the developer's need for two signs for the proposed buildings. One sign is planned along Orange Avenue and one sign is planned at the corner of Blue Hills Drive and Blue Hills Village Drive and these will be consistent with existing signage along these roadways. The proposed restaurant use is consistent with the current zoning district and with the commercial development that exists in this area and within the overall development. The proposed development plan meets the intent of the original CG zoning district by placing the building close to the primary corner of the site and this development will be compatible with the existing development in this area and along the Orange Avenue corridor. On behalf of Frontier Development, we are requesting approval of this application for rezoning. This rezoning will allow this vacant site to be developed with a use that is compatible with the surrounding area. I : �r 1 / J I LLPPR�tiS E V 1 S�q x v. cr � ly- L ` 1 L .a aaae v, z 4 /r dQ 0 8 j� W L r o OW, SMVA AVY - 37J 100 S77 /H 3/178 mil it VIE .9P i35 ° VIN OHIA'3NONHOa JO "0 ° � n NOIl'om:USN00 2iOj 10N A2iVNIWll32id R .. ° g NV fl g $ " ¢ B o € m W 3N 3AI80 30VIIIA SIIIH 3m9 w9E -11A r 10l 30dI SIIIH 3me I : �r 1 / J I LLPPR�tiS E V 1 S�q x v. cr � ly- L ` 1 L .a aaae v, z 4 /r dQ 0 8 j� W L r o OW, SMVA AVY - 37J 100 S77 /H 3/178 mil it VIE .9P i35 ° BLUE HILLS VILLAGE LOT 4 PROFFERS TO BE REPEALED: The applicant hereby requests that the following proffered conditions enacted by Ordinance No. 37461 - 061906 be repealed as they pertain to Official Tax Number 7160117: 1. Principal permitted uses on the property shall be limited to the following: a. Hotel or Motel b. Business Service Establishment , not otherwise listed in Table 340 -1,Use Matrix c. Financial Institution d. Office, General or Professional e. Office General or Professional, Large Scale f. Drive - Through Facility, Subject to Sec. 36.2 -409 g. Mixed Use Building, Subject to Sec. 36.2 -416 h. Bakery, Confectionary, or Similar food Production, Retail i. Dry Cleaning and Laundry Pick -up Station j. Personal Service Establishment, not otherwise listed in Table 340 -1. Use Matrix k. Retail Sales Establishment not otherwise listed in Table 340 -1. Use Matrix 1. Eating Establishment m. Eating and Drinking Establishment, not abutting a residential district n. Entertainment Establishment, not abutting a residential district. o. Health and Fitness Center p. Recreation, Indoor q. Artist Studio r. Day Care Center, Adult s. Day Care Center, Child, subject to Sec. 36.2 -408 2. There shall be no curb cuts on Orange Ave. 3. Freestanding Signage shall be limited to one (1) per principal permitted use developed on the property. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA - The 19th day of June, 2006. No. 37461- 061906. AN ORDINANCE to amend §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, by amending the conditions presently binding upon certain property conditionally zoned CG, Commercial General District; and dispensing with the second reading by title of this ordinance. WHEREAS, the City of Roanoke has made application to the Council of the City of Roanoke, Virginia, to amend certain conditions presently binding upon a tract of land located at the intersection of Orange Avenue, N.E., and Blue Hills Drive, N.E., Official Tax No. 7160113, which property is zoned CG, Commercial General District, with proffers, by the adoption of Ordinance No. 36821 - 081604, on August 16, 2004; WHEREAS, the City of Roanoke, Virginia, seeks to amend proffers currently binding on the subject property zoned CG, Commercial General District, with proffers, with such new proffers as set forth in the Petition to Amend Proffered Conditions filed in the City Clerk's Office on April 4, 2006; 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 Council; and WHEREAS, a public hearing was held by this Council on such application at its meeting on June 19, 2006, 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 proposed amendment; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's. Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the amendment of the proffers applicablc to the subject property, and for those reasons, is of the opinion that the subject property should be rezoned as set forth herein. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: I. Ordinance No. 36821 -081604, adopted by City Council on August 16, 2004, is hereby repealed to the extent that it accepted and placed conditions proffered by the applicant on Official Tax No. 7160113, a tract of land located at the intersection of Orange Avenue, N.E., and Blue Hills Drive, N.E., and that §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, is hereby amended to reflect such action; and 2. §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, is hercby amended to reflect the proffered conditions as set forth in the Petition to Amend Conditions filed in the City Clerk's Office on April 4, 2006, so that the subject property is zoned CG, Commercial General District, with such proffers. 3. Pursuant to the provisions of §12 of the City Charter, the second reading of this ordinance by titic is hereby dispensed with. ATTEST: t City Clerk. Architectural Review Board Board urZ,)ninu.lppca1% plauniaK (:.nnath +Ion CITY OF ROANOKE PLANNING BUILDING AND DFVFI,OPMFNT 215 Church Avenue, S.W. Room 1.66 Roanoke, Virginia 24011 1clephone: (540) 853 -1730 Fax: (530) 853 -1230 E -mail: planning(eici.roanoke.va.us Honorable C. Nelson Harris, Mayor Honorable Beverly T. Fitzpatrick, Jr., Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Brenda L. McDaniel, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: June 19, 2006 Subject: Request from the City of Roanoke to amend proffered conditions on a tract of land lying at the intersection of Orange Avenue, N.E., and Blue Hills Drive, N.E., Official Tax No. 7160113, such new proffered conditions will expand the number of principal permitted uses from six (6) to nineteen (19) commercial uses allowed in the CG, Commercial - General District, including retail establishments, offices, service establishments, eating establishments, hotels, motels, day care facilities, and health, fitness, entertainment and recreation establishments, and will allow no curb cuts on Orange Avenue, N.E., and limit the number of freestanding signage to one per principal permitted use. Planning Commission Action: Planning Commission public hearing was held on Thursday, May 18, 2006. By a vote of 7 -0, the Planning Commission recommended approval of the request. Background: On August 16, 2004, at the request of the City of Roanoke, City Council rezoned the subject property (Tax No. 7160113) from LM, Light Manufacturing District, to C -2, General Commercial District, with conditions (Ordinance No. 36821 - 081604). The following conditions were proffered: 1. Principal permitted uses on the property shall be limited to the following: a. Restaurants b. Hotels, motels, and inns; c. Business service establishments; d. Indoor recreational uses limited to a fitness center; e. General and professional offices including financial institutions; and f. Day care centers with unlimited capacity subject to the requirements of Section 36.1 -5610, et seq. 2. There shall be no curb cuts on Orange Avenue /Route 460. 3. Freestanding signage shall be limited to one (1) per principal permitted use developed on the property. As part of a comprehensive rezoning adopted by City Council on December 5, 2005, the property was rezoned from to C -2, General Commercial District, to CG, Commercial - General District, with conditions. The Petitioner currently requests to amend the proffered conditions on the subject property to expand the number of principal permitted uses and to bring the use terminology into consistency with the recently adopted Zoning Ordinance. A Petition to Amend Proffered Conditions was filed on April 4, 2006. Considerations: Surrounding Zoning Districts and Land Uses The subject property is located in the Roanoke Centre for Industry and Technology (RCIT), at the intersection of Orange Avenue and Blue Hills Drive, and is currently zoned CG, Commercial - General District, with conditions. It is also located in Enterprise Zone 2, which provides both state and local incentives for business expansion and recruitment. North and east of the property is Colonial Trail, a residential development in Roanoke County that is in an R -1, Single - Family Residential District. South of the subject property and across Orange Avenue is a CG, Commercial - General District, that contains the Rancho Mexico Business Park and several other commercial establishments. West and northwest of the property is the remainder of the RCIT, which is zoned 1 -1, Light Industrial District. Conditions Proffered by the Petitioner The Petitioner proffers the following conditions: 1. Principal permitted uses on the property shall be limited to the following: a. Hotel of motel; b. Business service establishment, not otherwise listed in Table 340 -1, Use Matrix; c. Financial institution; d. Office, general or professional; e. Office, general or professional, Large scale; f. Drive - through facility, subject to Sec. 36.2 -409; g. Mixed use building, subject to Sec..36.2-41,6; h. Bakery, confectionary, or similar food production, retail; 2 i. Dry cleaning and laundry pick -up station; j. Personal service establishment, not otherwise listed in Table 340 -1. Use Matrix; k. Retail sales establishment, not otherwise listed in Table 340 -1. Use Matrix; I. Eating establishment; m. Eating and drinking establishment, not abutting a residential district; n. Entertainment establishment, not abutting a residential district; o. Health and fitness center; p. Recreation, indoor; q. Artist studio; r. Day care center, adult; s. Day care center, child, subject to Sec. 36.2408 2. There shall be no curb cuts on Orange Avenue /Route 460. 3. Freestanding signage shall be limited to one (1) per principal permitted use developed on the property. Compatibility with the Comprehensive Plan The Hollins/Wildwood Area Plan makes several recommendations in regard to the Roanoke Centre for Industry and Technology (RCIT). It denotes the subject property as a commercial land use on the future land use map and recommends that the City consider revising the deed restrictions on the undeveloped parcels to allow for more dense development in conformance with the Vision 2001 -2020 Comprehensive Plan. Comments from the Public Staff received verbal comments from Ulinda Grome, an adjacent property owner in Roanoke County, regarding the impact that construction on the subject property may have on the foundations of homes in her neighborhood. She stated that there on geological issues that have caused significant problems during past construction in RCIT. Recommendation: The Planning Commission, by a vote of 7 -0, finds that the petition to amend the proffered conditions on the subject property furthers the purposes of the Hollins/ Wildwood Area Plan and Vision 2001 -2020, and recommends City Council approve the request. Respectfully submitted, 4Aad.wv�. Richard A. Rife, Chairman City Planning Commission cc: Darlene L. Burcham, City Manager Rolanda Russell, Assistant City Manager for Community Development William M. Hackworth, City Attorney Steven J. Taievi, Assistant City Attorney IN RE: PETITION TO AMEND PROFFERED CONDITIONS IN THE COUNCIL OF THE CITY OF ROANOKE Amendment of Proffered Conditions on a tract of land lying at the intersection of Orange Avenue, N.E., and Blue Hills Drive, N.E., identified as Official Tax No. 7160113, zoned CG, Commercial- General District, with conditions TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: By Ordinance No. 36821 - 081604, City Council rezoned the property identified as Tax Map No. 7160113, from LM, Light Manufacturing District, to C -2, General Commercial District, subject to certain proffered conditions. As part of a comprehensive rezoning adopted by City Council on December 5, 2005, the property was rezoned from C -2, General Commercial District, to CG, Commercial - General District, with conditions. A location map of the property is attached as Exhibit 1. The City of Roanoke and requests that the conditions relating to said property be amended as hereinafter set out. The City of Roanoke believes that the subject amendment of proffers will further the intent and purposes of the City Zoning Ordinance and its comprehensive plan in that it will allow for a better use of the subject property. The City of Roanoke hereby requests that the following proffers enacted by Ordinance No. 36821 - 081604 be repealed: 1. Principal permitted uses on the property shall be limited to the following: a. Restaurants; b. Hotels, motels, and inns; C'. Business service establishments; d. Indoor recreational uses limited to a fitness center; e. General and professional offices including financial institutions; and f. Day care centers with unlimited capacity subject to the requirements of Section 36.1 -5610, et seq. 2. There shall be no curb cuts on Orange Avenue /Route 460. 3. Freestanding signage shall be limited to one (1) per principal permitted use developed on the property. The City of Roanoke hereby requests that the following proffered conditions be substituted and adopted for those existing proffers delineated above: Principal permitted uses on the property shall be limited to the following: a. Hotel or motel; b. Business service establishment, not otherwise listed in Table 340 -1. Use Matrix; C. Financial institution; d. Office, general or professional; e. Office, general or professional, Large scale; f. Drive - through facility, subject to Sec. 36.2 -409; g. Mixed use building, subject to Sec. 36.2 -416; h. Bakery, confectionary, or similar food production, retail; i. Dry cleaning and laundry pick -up station; j. Personal service establishment, not otherwise listed in Table 340 -1. Use Matrix; k. Retail sales establishment, not otherwise listed in Table 340- 1. Use Matrix; 1. Eating establishment; M. Eating and drinking establishment, not abutting a residential district; n. Entertainment establishment, not abutting a residential district; o. Health and fitness center; p. Recreation, indoor; q. Artist studio; r. Day care center, adult; s. Day care center, child, subject to Sec. 36.2 -408 2. There shall be no curb cuts on Orange Avenue /Route 460. 3. Freestanding signage shall be limited to one (1) per principal per►ritted use developed on the property. Attached as Exhibit 2 are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to and immediately across a street or road from the subject property. WHEREFORE, the City of Roanoke requests that the above - described amended proffers be approved as herein set out in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. -' �- Respectfully submitted this day o , 2006. U By: { �l Darlene L. Burc§am, City Manager City of Roanoke Darlene L. Burcham City Manager 215 Church Avenue, S.W. Roanoke, VA 24011 (540) 853 -2333 7210107 7160102 ! -1 o _c N ,o rti > 71so1o7 7160110 F $ 7160101 a cp � l 0 0 c9 h� �aN 7160111 7100103 CG 7160112 15010 Exhibit 1. Tax Map Number 7160113 Roanoke County N CG- 7 F01 13' CG 7110122 160; 7110125 L110 s 7110126 7160104 CG '0 CG a� 7110123 CG 7110103IN 71101044 7110102 RM -2 CG 71101 7110105 MNPUD EXHIBIT 2 — Adjoining Property Owners City of Roanoke Tax Map No.; Property Address 7110124 3565 Orange Avenue, NE 7110125 1445 Mexico Way, NE 7110122 3656 Orange Avenue, NE 7110106 3675 Orange Avenue, NE 7290107 Blue Hills Drive, NE 7160102 Orange Avenue, NE County of Roanoke 050 05 01 26 00 0000 0 Challenger Drive 050 05 01 28 00 0000 Owner/ Mailing Address National Bank of Commerce c/o Suntrust Bank 919 East Main Street HDQ 8614 Richmond, VA 23219 Member One Federal Credit Union 202 Fourth Street, NE Roanoke, VA 24016 FUDDS of SW VA Inc. 5041 -A Benois Road Roanoke, VA 24014 Evelyn Keister Gish 2405 E. Ruritan Road Roanoke, VA 24012 -6915 Orvis Company Inc P 0 Box 12000 Roanoke, VA 24022 City of Roanoke WS Association of Virginia, LLC 5041 A- Benois Road Roanoke, VA 24014 Michael J. and Ulinda S. Grome 4050 Trail Drive, NE Roanoke, VA 24012 050 05 01 29 00 0000 Gregory A. and Lori Bailey 4052 Trail Drive, NE Roanoke, VA 24012 050 05 01 30 00 0000 Dewey Q. and Iva C. Stilwell 4111 Blue View Drive Roanoke, VA 24012 050 01 01 01 01 0000 ABS Properties, LLC c/o Acme Business Machines 3727 Challenger Drive, NE Roanoke, VA 24012 050 01 01 01 02 0000 F A Properties 3735 Challenger Drive P O Box 21707 Roanoke, VA 24018 049 08 01 13 00 0000 Nelson and Janie Dudley 4110 Blue View Drive Roanoke, VA 24012 rl O ko rl n O Z CL m 2 X m 'u w w O LL; Z 0J 'L ho m GJ m a-1 O M O IA L 3 O L 4) Q. O L CL two c .E �o M Q z C7 0 m u _O z z p m m w = u H Y Y u u u w m w Q a a U m m _ Z J LL LL U ° a u u u u 0 In U U U 0 0 ZQ LL Z Z Z Z Z Z Z w > Z Z ° "' Q Q Q W ° l°D w L.0 w Y U w L.0 kDD m m J N Y Z LL- V ° O V J J J W W W W W W W W J U m Z U U U U Q N U U U Z Z Z J O a a a a O a a a 0 0 0 W In r1 Q u Z w a a a a w a c a o a a Q O °° O Q J � z z 3 Q Q Q Y W W a w w w w w w w 0 Q. > z w w w w u W W W �, �� N N N N N N N N N N N N r-I r r-4 r-I e-A r1 r-1 r-I r-4 -1 c-1 r-4 O O O O O O O O O O O O Q V -;T 10- Z3, I-T Z3, V "I V ct ct Itt N N N N N N N N N N N N N W W W W W W W W W W W W W W W W Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 x z Z z z z z z Z z z Z z z z z z Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q W W W z z z 0� cr- Of 0 0 0 w w w l7 C7 0 w w w w w w Q Q Q z Z z Z W W W W Z z W W W J J J W W W } z Z z z W W Z Z Z > > > Q Q Q d' �' Q Q d' D' J J J J J J (7 C7 C7 ° 0 0 U U U U u u U u m 2 2 oC cc Z z oC oC w w w Q Q Q X H H H H Q Q H H H Z) D:D Q w < Q Q Q Q Q Q J J J 0 0 0 2 a a a a 0 0 0_ a n. m m m Ln m u1 v1 ct -�* -;t t N w -ct -zr -;t r-1 r-1 N U IcT 111 lD -:t N N N N M q* N N N N O O O J M M M r�-1 c-1 ri 1-4 r� -I M M r-I r-1 r-I M M M 00 r4 C4 00 O O N O O Q N T T N N W r-I 'IT W W ID W O 00 lD lD W r-I N N r-4 ri w N M M m m o r-I M m m m lD W 'FU O O N O O O O O O O O O O O O O Rzt M W W W W O -' M W W N �* qzl* N N N N N N N N O N N N N N N N N m Q Q Q Q u U u u Q Q u u u v, > > > > z z Z Z > > Z z z > > > 0 o w Or Nc Y x 0 0 0 0 Y Y 0 0 0 m m o X 11, U Z Z Z p 0 0 p p p 0 Q Q = Q > > > > Z Q Z Q > > > w U U ° o u o Q Q Q Q Q Q Q o o Q Q a w w w w o 0 o 0 w= o o o w m m m O ri Lu ui z w N > 0 0 Q cc cc 0 0 w W 00 w V 17 -7 cc O O n v1 Y w N It q* "t 't -t W O O Z W r4 N U N N >- O O < N r-1 N N N N -d Ln X X X X X X J X X X Q X X O In 0 0 0 0 w N Q -n � 0 0 O O O O O fO m rn 0 0 0 0 0 0 ►- 01 0 0 0 a1 O O M R* Cl-. 0_ 0_ 0_ Cl-. 0_ W. M 0_ d 1 Q. I N 0_ 1 0_ u1 N -* u1 r-I r-1 c-I e-I N l0 O O O tD I� w O N N N 0 0 0 0 0 0 ri e-I r-I r-I r-I r-1 p ri r-1 r-I r-I r-I ri ri r 1 c I r 1 ri r I c I r i ri r 1 O O O O O O O O O O O O O O O O X r-4 -4 r-I r-I W lD LO lD lD lD lD w lD w W w Q r-1 r-I r-I 1-1 r-1 r-I ri ri r-1 c-I r-i r-I r-I r-q r-1 r-I H n n n n n n n n t\ n n n n n 1\ 1\ pC Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Phone: (540) 853.1730 Fax: (540) 853 -1230 Fllfng Date: 1jul30,2018 ❑ Rezoning, Not Otherwise Listed — ., ruju CITY OF ROANOKE PLANNING BUILDING B OEVELOPMENT Submittal Number. Original Application ❑ Rezoning, Conditional ❑x Rezoning to Planned Unit Development ❑ Establishment of Comprehensive Sign Overlay District Address: F3601 Blue Hills Village Drive, NE Official Tax No(s).: 17160117 z-A i9 -- ool ROANOKE Click Here to Print Q Amendment of Proffered Conditions ❑ Amendment of Planned Unit Development Plan ❑ Amendment of Comprehensive Sign Overlay District Existing ❑ Without Conditions Ordinance Zoning: CG, Commercial - General Q With Conditions No(s). (if 37461 - 061906 ❑ Planned Unit Development applicable): Requested ❑ Without Conditions Proposed Zoning: MXPUD, Mixed Use Planned Unit Developmei ❑ With Conditions Land Use: Commercial x❑ Planned Unit Development Name: The National Bank of Blacksburg Phone Number —i� Address: P.O. Box 90002 Blacksburg, VA 24062 E-mail: Raphw„rasyw.. Name: Frontier Development Phone Number. +1 (305) 682-0591 Address; 1801 SW 3rd Avenue, Suite 500 Miami, FL 33129 E -mail [Jleach@fdllc.com Name: Balzer and Associates, Inc. - Chris Bums, P.E. Phone Number, +1(540) 772 -9580 Address: 1208 Corporate Circle Roanoke, VA 24018 E -mail: cburnspbalzer.cc s Department of Planning, Building and Development Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Phone: (540) 853 -1730 Fax: (540) 853 -1230 Filing Date: Jul 30, 2018 Submittal Number: Original Application ❑ Rezoning, Not Otherwise Listed ❑x Amendment of Proffered Conditions ❑ Rezoning, Conditional ❑ Amendment of Planned Unit Development Plan ❑x Rezoning to Planned Unit Development ❑ Amendment of Comprehensive Sign Overlay District ❑ Establishment of Comprehensive Sign Overlay District Address: 3601 Blue Hills Village Drive, NE Official Tax No(s).: 716011:7 Existing ❑ Without Conditions Ordinance Zoning: CG, Commercial - General ❑x With Conditions No(s). (If 37461- 061906 ❑ Planned Unit Development applicable): Requested ❑ Without Conditions Proposed Zoning: MXPUD, Mixed Use Planned Unit Developmer ❑ With Conditions Land Use: Commercial ❑ x Planned Unit Development Name: The National Bank of Blacksburg Phone Number: Address: P.O. Box 90002 Blacksburg, VA 24062 E -mail: 1946114-164n6,,,,,,, /e<S C F—O Name: Frontier Development Phone Number: +1 (305) 682 -0591 Address: 1801 SW 3rd Avenue, Suite 500 Miami, FL 33129 E -mail: jleach @fdllc.com Appiko h Signature: - - Name: Balzer and Associates, Inc. - Chris Burns, P.E. Phone Number: +1 (540) 772 -9580 Address: 11208 Corporate Circle Roanoke, VA 24018 E -mail: cburns @balzer.cc Zoning Amendment W . The Mowing must be submitted for all applications: (X Completed application form and checklist. fx Written narrative explaining the reason for the request, f— Metes and bounds description, if applicable. owl WMM !..W& I ROANOKE r Filing fee. For a rezoning trot odwrwise listed, the following must also be submitted: 1— Concept plan meeting the Application Requirements of item'2(c)' in Zoning Amendment Procedures. For a con dkional rezoni% the following must also be submitted: I— Written proffers. See the City's Guide to Proffered Conditions. Concept plan meeting the Application Requirements of item '2(c)' in Zoning Amendment Procedures. Please label as 1— 'development plan' if proffered. For a planned unit development; the following must also be submitted: rX Development plan meeting the requirements of Section 36.2 -326 of the City's Zoning Ordinance. For a comprehensive sign overlay district, the following must be submitted: F Comprehensive signage plan meeting the requirements of Section 36.2- 336(d)(2) of the City's Zoning Ordinance. For an amendment of proffered conditions, the following must also be submitted: Amended development or concept plan meeting the Application Requirements of item '2(c)' in Zoning Amendment Procedures, rx if applicable, rx Written proffers to be amended. See the City's Guide to Proffered Conditions. (x Copy of previously adopted Ordinance. For planned unit development amendment, the following must also be submitted: r` Amended development plan meeting the requirements of Section 36.2 -326 of the City's Zoning Ordinance. F- of previously adopted Ordinance. For a comprehensive sign overlay amendment, the following must also be submitted: r" Amended comprehensive signage plan meeting the requirements of Section 36.2- 336(d) of the City's Zoning Ordinance. 17- Copy of previously adopted Ordinance. For a proposal that requires a traffic impact study be submitted to the City, the Wowing must also be submitted: F- A Traffic Impact Study in compliance with Appendix B -2(e) of the City's Zoning Ordinance. Fora proposal that requires a traffic impact analysis be submitted to V OOT, the followng must also be submitted: F- Cover sheet. F Traffic impact analysis. r Concept plan, F- Proffered conditions, if applicable. f` Required fee. *An electronic copy of this application and checklist can be found at www. roanokeva .gov /planningcommission. A complete packet must be submitted each -time an application is amended, unless otherwise specified by staff. 3601 BLUE HILLS VILLAGE DRIVE, NE REZONING REQUEST NARRATIVE: This request is being made on behalf of Frontier Development (contract purchaser) to rezone Tax Parcel 7160117 from CG(c) (Commercial - General Conditional) to MXPUD (Mixed Use Planned Unit Development District) to allow for the proposed commercial development on the property. The total acreage being rezoned is 1.5670 acres + / -. The property is currently vacant with an existing stormwater management facility located adjacent to Orange Avenue. The reason for this rezoning request is that the unique location and configuration of this corner parcel and the location of the existing stormwater management facility make it unfeasible to meet the setback requirements of the current CG zoning district. The current CG zoning district has a maximum 30' front yard setback and, with this being a corner parcel, this setback must be met on two frontages. This maximum setback cannot be met along Orange Avenue (primary street frontage) due to the existing stormwater management facility and easement. The unique shape of the lot makes it very difficult for this requirement to be met along Blue Hills Drive and Blue Hills Village Drive. In addition, this corner is not a desired location for this commercial building due to increased distance and reduced visibility from Orange Avenue. The attached Development Plan shows the proposed layout of the building and parking area. The building has been shown as close to the corner of Orange Avenue and Blue Hills Drive as possible to maintain consistency with the spirit of the original CG zoning and with existing development along the Orange Avenue corridor. The proposed restaurant building is one -story and consists of approximately 2,500 s.f. and will include a drive -thru facility. The main entry point for the building will be from the interior parking area. Parking for the site will be provided in accordance with the requirements of the Zoning Ordinance. The architecture of the building will be similar to the existing Starbucks store located in a CG zoning district at 526 Orange Avenue, NE. The site will be accessed via a proposed full access entrance on Blue Hills Village Drive. There are existing pedestrian accommodations along Blue Hills Village Drive. A sidewalk is proposed along Blue Hills Circle to provide pedestrian access to the signalized intersection. It should be noted that this property is subject to previous Ordinance #37461- 061906, dated June 19, 2006, which placed proffered conditions on the property, including limiting uses on the property. A later ordinance ( #40058- 091514), dated September 15, 2014, placed further limitations on uses that would be permitted on the property, but did not change the original proffered conditions. This request will repeal the existing proffered conditions and place these same conditions directly on the development plan, with the exception of the proffered condition regarding signage. The signage regulations have been revised on the development plan to address existing and proposed signage for the overall development that the City of Roanoke has planned and also to meet the developer's need for two signs for the proposed building. One sign is planned along Orange Avenue and one sign is planned at the corner of Blue Hills Drive and Blue Hills Village Drive to maintain consistency with existing signage along these roadways. The proposed restaurant use is consistent with the current zoning district and with the commercial development that exists in this area and within the overall development. The proposed development plan meets the intent of the original CG zoning district by placing the building as close to the primary corner of the site as possible and this development will be compatible with the existing development in this area and along the Orange Avenue corridor. On behalf of Frontier Development, we are requesting approval of this application for rezoning. This rezoning will allow this vacant site to be developed with a use that is compatible with the surrounding area. RECEIVED SEP 0 7 2018 CITY OF ROANOKE PLANNING BUILDING & DEVELOPMENT CITY OF ROANOKE PDV Attn Tina Carr 215 CHURCH AVE ROOM 166 ROANOKE VA 24011 The Roanoke Times Roanoke, Virginia Affidavit of Publication Account Number 6011439 Date September 04, 2018 Dale Category Description Ad Size Total Cost 09/10/2018 Legal Notices PUBLIC HEARING NOTICE Any public hearings advertised h. 1 x 200 L 1.894.00 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: 08/28 09/04/2018 The First insertion being given ... 08/28/2018 Newspaper reference: 0000810324 Billing Repres ntative Sworn to and subscribed before me this Tuesday, September 4, 2018 otary Publ M,; N/��1r State Virginia City /County of Roanoke PUSUIC My Commission expires = >k 61Y . 4332r.64 SJ G� '� E ; R S ' c, PUBLIC HEAIHNG NOTICE Any 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. Any applications will be available for review in Planning, Building, & Development, first floor, Room 170, 215 Church Avenue, S.W., Roanoke, Virginia. T h e City of Roanoke Punning Coartisslon will bold a public hearing on September 10, 2018, at 1:30 p.m , or as soon thereafter as the matters may be heard, to consider these applications: Application by Fort Knox 1001 Williamson, LLC, to amend existing conditions proffered as part of a previous rezoning at 1001 Williamson Road, S.E.. 0 (zero) 3rd Street, S.E., and 110 Albemarle Avenue, S.E., bearing Official Tax Map Nos. 4021504, 4021505, and 4021507. respectively. previously rezoned with conditions through the adoption of Ordinance No. 40783 032017 on March Z0, 2017 The amendments to the conditions propose to change the development plan and elevations. The land use categories permitted in ll District include commercial; industrial; warehousing and distribution; assembly and entertainment: public, institutional and community; transportation: utility; agricultural; and accessory; with no maximum density specified and a maximum floor area ratio of 2.0. The comprehensive plan designates the property for commercial use, but does not specify density. The proposed use remains a self- storage building with possible business service establishment. Application by Frontier Development to rezone the property and repeal conditions proffered as part of a previous rezoning at 3601 Blue Hills Village Drive, N.E., bearing Official Tax Map No. 7160117. The application is to rezone the property from Commercial General District (CG), with conditions, to Mixed Use Planned Unit Development District (MXPUD). The conditions proposed for repeal, placed on the property through the adoption of Ordinance No. 37461. 061906 on June 19, 2006, restrict curb cuts an Orange Avenue, permit only one freestanding sign per principal permitted use developed on the property, and state that the principal permitted uses are limited to: hotel or motel; business service establishment, not otherwise listed in Table 340.1. Use Matrix; financial institution; office, general or professional; office, general or professional, large scale; drive - through facility, subject to Sec 36.2.409; mixed use building, subject to Sec. 36.2.416; bakery, confectionary, or similar food production, retail; dry cleaning and laundry pick -up station, personal service establishment, not otherwise listed in Table 340.1, Use Matrix; retail sales establishment not otherwise listed in Table 340 -1, Use Matrix; eating establishment; eating and drinking establishment, not abutting a residential district; entertainment establishment, not abutting a residential district; health and fitness center; recreation, indoor; artist studio, day care center, adult; and day care center, child, subject to Sec. 362408. The land use categories permitted in MXPUO District Include residential; accommodations and group living; commercial; warehousing and distribution; assembly and entertainment; public, institutional, and community; transportation; utility; agricultural; and accessory; with a maximum density of one dwelling unit per 1,800 square feet of tot area and no maximum floor area ratio. The comprehensive plan designates the property for general commercial use, but does not specify density The proposed use is an eating establishment A request by the City of Roanoke to consider an amendment to Vision 2001 2020, the city's comprehensive plan, to replace the 2007 Update to the Roanoke Valley Conceptual Greenway Plan with the 2018 Roanoke Valley Greenway Plan The greenway plan will document progress towards goals identified in previous plans, consider additional routes and issues. and incorporate Botetourt County, a new member of the Greenway Commission, into the planning process and vision. Tina M. Carr, Secretary, City Planning Commission City Conm:B will hold a public hearing on the aforesaid applications on September 17, 2018, at 7:00 p.m., or as soon thereafter as the matters may be heard, in the City Council Chamber. fourth floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue. S.W., Roanoke, Virginia. Any person with a disability requiring any special accommodation to attend or participate in the public hearings should contact the City Clerk's office at (540) 853 -2541 at least five days pr;or to the scheduled public hearings. Stephanie M. Moon Reynolds. MMC. City Clerk The CNy of Roanoke Board of Zoning Appeals will hold public hearings on September 12, 2018, at 1:00 p.m., or as soon thereafter as the matters may be heard, to consider these applications: Application by Christin Lynn Bowles for property located at 4529 Plantation Road, N.E. bearing Official Tax Map No. 3300101, for a special exception pursuant to Section 362 -322, Zoning. Code of the City of Roanoke (1979), as amended, to establish a kennel. outdoor pens or runs. Application by Teresa Hancock for property located at 1434 Peters Creek Road, N.W., bearing Official Tax Map No. 2770114, for a special exception pursuant to Section 362315, Zoning, Code of the City of Roanoke (1979), as amended, to establish a contractor or tradesman's strop, general or special trade. Application by D &T Richards for property located at 1543 Eton Road, S.W., beacon) Official Tax Map No. 5150403, for a special exception pursuant to Section 36.2.311, Zoning, Code of the City of Roanoke (1979), as amended, to establish a family day home. Application by Birgit Olesen for property located at 3748 Garden City Blvd, S.E„ bearing Official Tax Map No. 4400208, for a special exception pursuant to Section 362 -311, Zoning, Code of the City of Roanoke (1979), as amended, to establish a dwelling, two family '810324) Donna M Payne. Secretary City Board of Zoning Appeal, i� PUBLIC HEARING NOTICE PUBLIC HEARING NOTICE Any 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. Any applications will be available for review- in Planning, Building, & Development, first floor, Room 170, 215 Church Avenue, S.W., Roanoke, Virginia. The City of Roanoke Planning Commission will hold a public hearing on September 10, 2018, at 1:30 p.m., or as soon thereafter as the matters may be heard, to consider these applications: Application by Fort Knox 1001 Williamson, LLC,. to amend existing conditions proffered as part of a previous rezoning at 1001 Williamson Road, S.E., 0 (zero) 3rd Street, S.E., and 110 Albemarle Avenue, S.E., bearing Official Tax Map Nos, 4021504, 4021505, and 4021507, respectively, previously rezoned with conditions through the adoption of Ordinance No. 40783- 032017 on March 20, 2017. The amendments to the conditions propose to change the development plan and elevations. The land use categories permitted in I -1 District include commercial, industrial; warehousing and distribution; assembly and entertainment; public, institutional and community; transportation; utility; agricultural; and accessory; with no maximum density specified and a maximum floor area ratio of 2.0. The comprehensive plan designates the property for commercial use, but does not specify density. The proposed use remains a self- storage building with possible business service establishment. Application by Frontier Development to rezone the property and repeal conditions proffered as part of a previous rezoning at 3601 Blue Hills Village Drive, N.E., bearing Official Tax Map No. 7160117. The application is to rezone the property from Commercial - General District (CG), with conditions, to Mixed Use Planned Unit Development District (MXPUD). The conditions proposed for repeal, placed on the property through the adoption of Ordinance No. 37461- 061906 on June 19, 2006, restrict curb cuts on Orange Avenue, permit only one freestanding sign per principal permitted use developed on the property, and state that the principal permitted uses arc limited to: hotel or motel; business service establishment, not otherwise listed in Table 340 -1, Use Matrix; financial institution; office, general or professional, office, general or professional, large scale; drive - through facility, subject to Sec 36.2 -409: mixed use building, subject to Sec. 36.2 -416: bakery, confectionary, or similar food production, retail; dry cleaning and laundry pick -up station: personal service establishment, not otherwise listed in Table 340 -1, Use Matrix; retail sales establishment not otherwise listed in Table 340 -1, Use Matrix; eating establishment; eating and drinking establishment, not abutting a residential district; entertainment establishment, not abutting a residential district; health and fitness center; recreation, indoor; artist studio; day care center, adult; and day care center, child, subject to Sec. 362 -408. The land use categories permitted in NIXPUD District include residential, accommodations and group living; commercial, warehousing and distribution; assembly and entertainment; public, institutional, and community; transportation; utility; agricultural; and accessory; with a maximum density of one dwelling unit per 1,800 square feet of lot area and no maximum floor area ratio. The comprehensive plan designates the property for general commercial use, but does not specify density. The proposed use is an eating establishment. A request by the City of Roanoke to consider an amendment to f,'ision 2001 -2020, the city's comprehensive plan, to replace the 2007 Clpdate to the Roanoke 17alley Conceptuul Greentil,ay Plan with the 2018 Roanoke l alley Greemrav Plan. The greenway plan will document progress towards goals identified in previous plans, consider additional routes and issues, and incorporate Botetourt County, a new member of the Greemvay Commission, into the planning process and vision. Tina M. Carr, Secretary, City Planning Commission City Council will hold a public hearing on the aforesaid applications on September 17, 2018, at 7:00 p.m., or as soon thereafter as the matters may be heard, in the City Council Chamber, fourth floor. Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. Any person with a disability requiring any special accommodation to attend or participate in the public hearings should contact the City Clerk's office at (540) 853 -2541 at least five days prior to the scheduled public hearings. Stephanie M. Moon Reynolds, MMC, City Clerk The City of Roanoke Board of Zoning Appeals will hold public hearings on September 12, 2018, at 1:00 p.m., or as soon thereafter as the matters may be heard, to consider these applications: Application by Christin Lynn Bowles for property located at 4529 Plantation Road, N.E., bearing Official Tax Map No. 3300101, for a special exception pursuant to Section 36.2 -322, Zoning. Code of the City of Roanoke (1979), as amended, to establish a kennel, outdoor pens or runs. Application by Teresa Hancock for property located at 1434 Peters Creek Road, N.W., bearing Official "lax Map No. 2770114, for a special exception pursuant to Section 36.2 -315, Zoning, Code of the City of Roanoke (1979), as amended, to establish a contractor or tradesman's shop, general or special trade. Application by D&T Richards for property located at 1543 Eton Road, S.W., bearing Official Tax Map No. 5150403, for a special exception pursuant to Section 36.2 -311, Zoning, Code of the City of Roanoke (1979), as amended, to establish a family day home. Application by Birgit Olesen for property located at 3748 Garden City Blvd, S.F., bearing Official Tax Map No. 4400208, 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. Donna M. Payne, Secretary, City Board of Zoning Appeals Please publish in newspaper on Tuesday, August 28, 2018. and Tuesday, September 4, 2018. Please bill and send affidavit of publication to: Tina M. Carr Secretary to the Planning Commission Planning, Building, & Development City of Roanoke Noel C. Taylor Municipal Building 215 Church Avenue, SW, Room 166 Roanoke, VA 24011 5401853 -1730 tina.carr 6 ,roanokeva.gov Donna M. Payne Secretary to the Board of "Zoning Appeals Planning, Building, & Development City of Roanoke Noel C. Tavlor Municipal Building 215 Church Avenue, SW, Room 166 Roanoke, VA 24011 540/853 -1730 don na_payne'utroanokeva.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 STEPHANIE M. MOON REYNOLDS, MMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail: derk(wroanokeva'gov CECEL.IA F. MCCOY Deputy City ('Jerk August 30, 2018 g CECELIA T. WEBB, CMC Assistant Deputy City Clerk Chris Burns, P.E. Balzer and Associates, Inc. 1208 Corporate Circle Roanoke, Virginia 24018 Dear Mr. Burns: A public hearing has been advertised to be heard by the City Planning Commission on Monday, September 10, 2018 at 1:30 p.m., in the EOC Conference Room, Room 159, First Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., regarding a request of Frontier Development to rezone the property and repeal conditions proffered as part of a previous rezoning at 3601 Blue Hills Village Drive, N.E., from Commercial - General District, with conditions, to Mixed Use Planned Unit Development District. (See copy of the Public Hearing Notice attached.) Pursuant to provision of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, a public hearing also has been scheduled to be held on Monday, September 17 at 7:00 p.m. before the Roanoke City Council in the Council Chamber, pending formal action by the City Planning Commission, which may be viewed on the City's webpage, www.roanokeva.gov, under "Roanoke Planning Commission News ", following its meeting on September 10. 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. Since .ely, Step ani l\ Reyn , M4' City Clerk Enclosure pc: James Leach, Frontier Development, 1801 S.W. 3rd Avenue, Suite 500, Miami, Florida 33129 F. Brad Denardo, President and CEO, The National Bank of Blacksburg, P. O. Box 90002, Blacksburg, Virginia 24062 STEPHANIE M. MOON REYNOLDS, MMC City Clerk CITY OF ROANOKE OF'F'ICE: OF 'THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E-mail: cicrk(aroanokeva.gov Parkway Wesleyan Church, Inc VIAMAC, Inc. National Bank of Commerce Member One Federal Credit Union Ladies and Gentlemen: August 30, 2018 CECELIA F. MCCOV Deputy City Clerk CECELIA T. WEBB, CMC Assistant Deputy City Clerk Rent -A -Space 460, Inc. Manatee Associates, LC SJK Global, LLC A public hearing has been advertised to be heard by the City Planning Commission on Monday, September 10, 2018 at 1:30 p.m., in the EOC Conference Room, Room 159, First Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., regarding a request of Frontier Development to rezone the property and repeal conditions proffered as part of a previous rezoning at 3601 Blue Hills Village Drive, N.E., from Commercial - General District, with conditions, to Mixed Use Planned Unit Development District. (See copy of the Public Hearing Notice attached.) Pursuant to provision of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, a public hearing also has been scheduled to be held on Monday, September 17 at 7:00 p.m. before the Roanoke City Council in the Council Chamber, pending formal action by the City Planning Commission, which may be viewed on the City's webpage, www.roanokeva.gov, under "Roanoke Planning Commission News ", following its meeting on September 10. 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. Enclosure i R molds, MC IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of September, 2018. No. 41264 - 091718. AN ORDINANCE approving the 2018 Roanoke Greenway Plan dated August 13, 2018, and amending Vision 2001 -2020, the City's Comprehensive Plan, to include such Greenway Plan; and dispensing with the second reading of this ordinance by title. WHEREAS, on August 13, 2018, the Planning Commission made a motion to schedule a public hearing on the 2018 Roanoke Greenway Plan dated June 27, 2018 (the "Plan "); WHEREAS, the Planning Commission held a public hearing on September 10, 2018, and recommended adoption of the Plan and amending Vision 2001 -2020, the City's Comprehensive Plan, to include such Plan; and WHEREAS, in accordance with the provisions of §15.2-2204, Code of Virginia (1950), as amended, a public hearing was held before this Council on September 17, 2018, on the proposed Plan, at which hearing all citizens so desiring were given an opportunity to be heard and to present their views on such amendment. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That this Council hereby approves the 2018 Roanoke Greenway Plan dated June 27, 2018, and amends Vision 2001 -2020, the City's Comprehensive Plan, to include such Greenway Plan as an element thereof. 2. That the City Clerk is directed to forthwith transmit attested copies of this ordinance to the City Planning Commission. Pursuant to the provisions of § 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: k+ �� Vle\ City Clerk Amend _Vision 2001 -2030 CorgLrc III an to include (reeii iv_plan_ comrricnts doc;AHru++(1- 4it;ioii 2004-- 2-4214k +. nf(r I ato 2 H1L�Ii1d�- CJfe @H44i j=PIp ,.,1 - e • CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: September 17, 2018 Subject: A request by the City of Roanoke to consider an amendment to Vision 2001 -2020, the city's comprehensive plan, to replace the 2007 Update to the Roanoke Valley Conceptual Greenway Plan with the 2018 Roanoke Valley Greenway Plan. Summary: The Planning Commission held a public hearing on September 10, 2018. By a vote of 6 -0, the Commission recommends approval of the 2018 Roanoke Valley Greenway Plan. The plan represents a regular update to the regional planning document that the City and neighboring localities use in developing the regional greenway system. A network of greenways is a key part of the comprehensive plan's vision, and this amendment helps to further carry out that vision. Background: The original greenway plan, Conceptual Greenway Plan, Roanoke Valley, Virginia, was completed in December 1995 and adopted as a part of the City's comprehensive plan in 1997. That plan laid groundwork for greenways in the Roanoke Valley with three key actions: • Led to hiring of a greenway coordinator. • Creation of an initial intergovernmental agreement between the City of Roanoke, Roanoke County, the City of Salem, and the Town of Vinton. • Created the Roanoke Valley Greenway Commission. The 2007 Update to the Roanoke Valley Conceptual Greenway was prepared to provide for updated routes, organization and priorities for greenway development. The 2007 update was adopted as a component plan of Vision 2001 -2020. The 2018 Roanoke Valley Greenway Plan is dedicated to these purposes: • Document progress on implementation. • Consider additional routes and issues. • Incorporate Botetourt County, a new member of the Greenway Commission, into the planning process and vision. Considerations: Vision 2001 identifies greenways as key elements of the city's neighborhoods, transportation network and as a mechanism to protect environmental resources. Specifically, the Environmental, Cultural and Historic Resources policy EC P2 states that "Roanoke will develop a high - quality network of regional greenways for recreation, conservation, and transportation." The Infrastructure: Transportation, Technology, Utilities section of Vision includes a series of actions related to pedestrian access, greenways and bicycle systems. Specifically action IN A7 charges the city to "Develop a greenway system to provide pedestrian and bicycle linkages between the region's parks, rivers, creeks, natural areas, recreation areas, business centers, schools, and other institutions." Comments on Application: Planning Commission Work Session: No comments on plan. Public Comments: None received. Planning Commission Public Hearing: Liz Belcher, Regional Greenway Coordinator, presented an overview of the plan. Chairman Smith commended the Greenway Commission for its collaborative work. No members of the pubic were present to speak on this application. 2 Conclusions and Recommendations: Planning Commission recommends approval as this request. Developing a regional greenway system is an activity that is referenced throughout Vision 2001 -2020. This plan lays out goals for the continued development of the regional greenway system consistent with the direction of Vision. 4"K914- � . 5A James E. Smith, Chair City Planning Commission Enclosures: 2018 Roanoke Valley Greenway Plan with Appendices Distribution: Robert S. Cowell, Jr., City Manager R. Brian Townsend, Assistant City Manager Chris Chittum, Director of Planning, Building, & Development Daniel J. Callaghan, City Attorney Timothy R. Spencer, Senior Assistant City Attorney 3 Roanoke Valley Greenway Plan Approved by: Roanoke Valley Greenway Commission June 27, 2018 Signed by: Arthur L. LaRoche, III Chairman, Roanoke Valley Greenway Commission Produced by Roanoke Valley Greenway Commission and Roanoke Valley — Alleghany Regional Commission In cooperation with City of Roanoke, City of Salem, Botetourt County, Roanoke County, and Town of Vinton EXECUTIVE SUMMARY In 2017 the Roanoke Valley Greenway Commission celebrated its 20th anniversary and began looking ahead to plan for the future. The Greenway Commission has developed this 2018 Plan in conjunction with the Cities of Roanoke and Salem, the Counties of Roanoke and Botetourt, the Town of Vinton, and the Roanoke Valley - Alleghany Regional Commission, taking into account progress and changes since 2007 and looking at specific goals and direction for the next ten years. The 2018 Plan includes off -road and on -road routes, recognizing the need to tie neighborhoods to the bigger network to promote a bikeable and walkable community. While many miles of greenways and trails are now built, many routes are still conceptual and represent a vision for a comprehensive greenway network. This 2018 Plan provides an update on the status of greenway routes, documents progress meeting goals established in 2007, and incorporates Botetourt County, a new member of the Greenway Commission, into the planning process and vision. The Plan incorporates two rounds of public comments, as well as staff perspective. Several developments and issues emerged during the update process. • Greenways have become important to the economic vitality of the region, supporting tourism, recruitment, redevelopment, festivals, fitness and a healthy environment. Greenways are the core infrastructure for the region's brand, Roanoke Outside. • Greenways and trails are the face of the region for many visitors and potential businesses and thus should be well marked and well maintained, providing a pleasant and rewarding experience for all. • Citizens want a bikeable and walkable community, and need expanded signage and on -road facilities to provide connectivity between greenways, neighborhoods, and other destinations. • All user groups need to practice common courtesies, good greenway etiquette, and safe usage practices. • The growing greenway network requires increasing maintenance budgets to maintain service. The vision for the Roanoke Valley Greenway network is to have Roanoke River Greenway as the backbone of the system, running west to east, and then having north -south routes tying to Botetourt County and to the existing public lands and trail opportunities surrounding the Valley, The greenway network is part of the bicycle and pedestrian infrastructure for the region and provides the arterial routes, with connectivity to neighborhoods via sidewalks, bike lanes, and on -road facilities. Implementation of this plan will require continued cooperation among the many partners and will offer opportunity for all of the community to be involved. The vision of finishing the Roanoke River Greenway has been a resounding theme echoed from the citizens and corporations, but the residents of the valley are looking beyond Roanoke River to the next projects and total connectivity. The dream of having a greenway network that provides facilities for transportation to work, recreation, health, and social gatherings is laid out herein and challenges all partners to focus efforts on implementation and incorporation of greenways in development. 2018 Roanoke Valley Greenway Plan Page i ACKNOWLEDGEMENT$ This Plan was developed by the Roanoke Valley Greenway Commission, working in conjunction with its five member localities, with the assistance of the Roanoke Valley — Alleghany Regional Commission. Special thanks to the following people who assisted during the process: Robert Beatty Botetourt County GIS Analyst and.Greenway Commissioner Liz Belcher Roanoke Valley Greenway Coordinator Warren Clark Botetourt County Greenway Commissioner Megan Cronise Roanoke County Principal Planner and Greenway Commissioner Bailey DuBois Roanoke County Planner II and Greenway Commissioner David Holladay Roanoke County Planning Administrator Dee King City of Salem Greenway Commissioner Bud LaRoche Town of Vinton Greenway Commissioner Ursula Lemanski National Park Service, Rivers Trails and Conservation Assistance, Virginia Projects Manager Anita McMillan Town of Vinton Planning and Zoning Director and Greenway Commissioner Amanda McGee Roanoke Valley - Alleghany Regional Commission Regional Planner Jerod Myers Botetourt County Planner and Greenway Commissioner Renee Powers City of Roanoke Trails and Greenways Supervisor Lee Osborne Transportation Planning Organization Representative and Greenway Commissioner Frank Simms Roanoke County Greenway Commissioner Ben Tripp City of Salem Planning Director and Greenway Commissioner Donnie Underwood City of Roanoke Parks and Greenways Planner and Greenway Commissioner Lindsay Webb Roanoke County Parks Planning and Development Manager and Greenway Commissioner Page ii 2018 Roanoke Valley Greenway Plan TABLE OF CONTENTs ExecutiveSummary ....................................................................................................................... ............................... Acknowledgements....................................................................................................................... ............................... Table of Contents Figures& Tables .......................................................................................................................... ............................... iv Glossary of Acronyms & Abbreviations ....................................................................................... ............................... vi Chapter1 Introduction ................................................................................................................ ............................... 1 1.1 Purpose of This Update .......................................................................................................... ............................... 1 1.2 History of Greenway Planning in the Roanoke Valley ............................................................. ............................... 1 1.3 Changes and Growth in the Region ........................................................................................ ............................... 2 1.4 Vision for the Future of Greenways and Trails .......................................................................... ..............................2 Chapter 2 Status of the Roanoke Valley Greenway Program ................................................. ............................... 3 2.1 Greenway Partners ................................................................................................................. ............................... 3 2.2 Progress on Greenway Planning, Construction, and Funding ................................................ ............................... 5 2.3 Addition of Botetourt County .................................................................................................... .............................13 2.4 Review of Goals, Objectives, and Strategies ........................................................................... .............................15 Chapter 3 Community Input and Issues ................................................................................. ............................... 21 3.1 Greenway Plan Update Process ........................................................................................... ............................... 21 3.2 Public Input and Discussion .................................................................................................. ............................... 22 3.3 Key Issues and Recommendations ....................................................................................... ............................... 24 3.4 Other Takeaways .................................................................................................................. ............................... 27 Chapter4 Greenway Network .................................................................................................. ............................... 29 4.1 Prioritization of Greenways ................................................................................................... ............................... 29 4.2 Greenway Routes ................................................................................................................. ............................... 33 Chapter 5 Regional Transportation Connections .................................................................. ............................... 71 5.1 Other Regional Plans ............................................................................................................ ............................... 71 5.2 Recommended Connections ................................................................................................ ............................... 72 Chapter 6 Goals, Objectives, and Implementation Strategies .............................................. ............................... 85 Appendix A Intergovernmental Agreement Establishing the Roanoke Valley Greenway Commission Appendix B 2017 On -line Survey Questions and Responses Appendix C Public Input from 2017 Community Meetings Appendix D Public Response to Draft 2018 Plan Appendix E Tinker Creek Greenway Conceptual Plan Appendix F Web Sites for Referenced Documents and Organizations Appendix G Bibliography of Design Standards Appendix H 2018 Greenway Plan Network Map 2018 Roanoke Valley Greenway Plan Page iii Fiaumn Figure 2 -1 Roanoke Valley Greenway Commission Service Area 3 Figure 2 -2 2007 Plan Map of Proposed Greenway Network 9 Figure 3 -1 Destinations and Priorities Identified by the Public 23 Figure 4 -1 Blueway Routes 31 Figure 4 -2 Birding and Wildlife Trails in the Mountain Region of Virginia 36 Figure 4 -3 Carvins Cove Trail Network: Map of Existing Trails 41 Figure 4 -4 Catawba Greenway: Map of Existing and Proposed Sections 42 Figure 4 -5 Explore Park Map of Existing Trails 45 Figure 4 -6 Green Hill Park: Map of Roanoke River Greenway and Other Trails 47 Figure 4 -7 Greenfield: Map of Trails at Botetourt Center and Greenfield Park 48 Figure 4 -8 Hanging Rock Battlefield Trail Map 49 Figure 4 -9 Havens Wildlife Management Area Map 50 Figure 4 -10 Mason Creek Greenway Phase III: Proposed linkages between existing sections 55 Figure 4 -11 Mill Mountain Greenway Map 57 Figure 4 -12 Mill Mountain Park Trail Map 59 Figure 4 -13 Mudlick Creek Greenway at Garst Mill Park 60 Figure 4 -14 Murray Run Greenway and Fishburn Park Trails 61 Figure 4 -15 Poor Mountain Preserve Trails 62 Figure 4 -16 Read Mountain Preserve Trails 63 Figure 4 -17 Roanoke River Greenway Status Map 66 Figure 4 -18 Tinker Creek Greenway Study Area 68 Figure 5 -1 Recommendations from the Bikeway Plan for the Roanoke Valley Area MPO, 2012 72 Figure 5 -2 Map of Multimodal Centers and Districts, Regional Pedestrian Vision Plan, 2015 74 Figure 5 -3 2018 Greenway Plan Regional Connectivity Map 76 Figure 5 -4 Botetourt County Connections 77 Figure 5 -5 City of Salem Connections 78 Figure 5 -6 City of Roanoke Connections, Northwest 79 Figure 5 -7 City of Roanoke Connections, Central and Southwest 80 Figure 5 -8 Northern Roanoke County Connections 81 Figure 5 -9 Southern Roanoke County Connections 82 Figure 5 -10 Town of Vinton Connections 83 TABLES Table 2 -1 Plans with Greenway Components, Adopted since 2007 6 Table 2 -2 Growth of the Greenway Network, Comparative Mileage 7 Table 2 -3 Status of Greenway Routes in the 2007 Greenway Plan as of 12/31/2017 8 -9 Table 2 -4 On -Road Bicycle Accommodations Built by 12/31/2017 11 Table 2 -5 Grants and Allocations for Roanoke Valley Greenways 13 Table 2 -6 Existing Trails Incorporated into the Greenway Network with the Addition of Botetourt 14 County Table 2 -7 Progress on 2007 Goals, Objectives and Strategies 15 -17 Table 2 -8 Progress on 1995 Goals, Objectives and Strategies 18 -19 Table 4 -1 2018 Roanoke Valley Greenway Network 32 Table 4 -2 Birding and Wildlife Trail Routes in the Region 36 Table 4 -3 U. S. Forest Service Trails within the Roanoke Valley Greenway Service Area 52 Page iv 2018 Roanoke Valley Greenway Plan Table 4 -4 Status of Roanoke River Greenway 64 Table 5 -1 2006 Rural Bikeway Plan Recommendations 73 Table 5 -2 Multimodal Districts and Centers without Direct Greenway Intersections 75 Table 5 -3 Recommended Connections to the Greenway Network, Botetourt County 77 Table 5 -4 Recommended Connections to the Greenway Network, City of Salem 78 Table 5 -5 Recommended Connections to the Greenway Network, City of Roanoke 79 Table 5 -6 Recommended Connections to the Greenway Network, Roanoke County 81 Table 5 -7 Recommended Connections to the Greenway Network, Town of Vinton 83 Table 6 -1 Implementation Strategies 2018 85 -89 2018 Roanoke Valley Greenway Plan Page v GLOSSARY OF ACRONYMS $ AOdRmAmN3 1995 Plan Conceptual Greenway Plan, Roanoke Valley, Virginia, December 1995 2007 Plan 2007 Update to the Roanoke Valley Conceptual Greenway Plan 2018 Plan 2018 Roanoke Valley Greenway Plan AASHTO American Association of State Highway and Transportation Officials ATC Appalachian Trail Conservancy BRP Blue Ridge Parkway CEDS Roanoke Valley Area Regional Comprehensive Economic Development Strategy CPTED Crime Prevention through Environmental Design DCR Virginia Department of Conservation and Recreation DGIF Virginia Department of Game and Inland Fisheries Greenway Commission Roanoke Valley Greenway Commission MPO Metropolitan Planning Organization NBATC Natural Bridge Appalachian Trail Club NPS -APPA National Park Service, Appalachian National Scenic Trail Pathfinders Pathfinders for Greenways, a non - profit support group RATC Roanoke Appalachian Trail Club Regional Commission Roanoke Valley — Alleghany Regional Commission RIMBA Roanoke Chapter of International Mountain Bicycling Association RSTP Regional Surface Transportation Program, a funding source for regional projects RTCA Rivers, Trails, and Conservation Assistance Program of the National Park Service RVARC Roanoke Valley - Alleghany Regional Commission RVTPO Roanoke Valley Transportation Planning Organization TA Transportation Alternatives Funding, formerly called Transportation Enhancements TTC Transportation Technical Committee (of the RVTPO) USFS U.S, Forest Service (of the U.S, Department of Agriculture) VDOT Virginia Department of Transportation WMA Havens Wildlife Management Area WVWA Western Virginia Water Authority Page vi 2018 Roanoke Valley Greenway Plan 1. INTRODUCTION 1.1. PURPOSE OIL THIs UPDATE In 2017 the Roanoke Valley Greenway Commission celebrated its 20th anniversary and began looking ahead to plan for the future. This document provides a review of the 2007 Update to the Roanoke Valley Conceptual Greenway Plan (2007 Plan) and a look forward to the next decade. The purpose is to document progress towards goals identified in previous plans, to consider additional routes and issues, and to incorporate Botetourt County, a new member of the Greenway Commission, into the planning process and vision. 1.2. HISTORY OF OREENWAY PLANNING IN THE ROANOKE VALLEY John Nolen first proposed "greenways" for Roanoke by including parkways along the river and streams in the 1907 and 1928 City of Roanoke comprehensive plans. Today's greenway program began with completion of the Conceptual Greenway Plan, Roanoke Valley. Virginia in December 1995 (1995 Plan). The 1995 Plan was developed under the direction of a regional Greenways /Open Space Steering Committee of citizens and planning staff meeting at the Fifth Planning District Commission (now called the Roanoke Valley- Alleghany Regional Commission, hereafter referred to as the Regional Commission) and included 51 routes, 24 of them off -road and 27 on -road. The 1995 Plan led in 1996 to hiring a greenway coordinator, forming an independent land trust, and establishing a non - profit friends group called Pathfinders for Greenways. In 1997 the City of Roanoke, Roanoke County, the City of Salem, and the Town of Vinton signed an Intergovernmental Agreement setting up the Roanoke Valley Greenway Commission (hereafter referred to as the Greenway Commission) to steer the program and adopted the 1995 Plan into their comprehensive plans. Construction was not far behind, and the first greenway segment opened at Garst Mill Park in August 1997. In the early years, the Greenway Commission and localities focused on projects that were possible on existing public land or in conjunction with other infrastructure improvements. In developing the 2007 Plan, which documents those early developments, the Greenway Commission used a consultant to help analyze the organizational structure and the way things were working, examining the roles and responsibilities of various partners. That led to revisions to the Intergovernmental Agreement to include locality staff on the Greenway Commission, as well as representatives from major partners like Pathfinders for Greenways and the Roanoke Valley Transportation Planning Organization (RVTPO). The 2007 Plan included a new prioritization of routes, with 35 off -road routes and trail destinations and with on -road routes included in the regional Bikeway Plan. This document, the 2018 Plan, is an update of the 2007 Plan. The Greenway Commission has developed this 2018 Plan in conjunction with the localities and the Regional Commission, taking into account progress and changes since 2007 and looking at specific goals and direction for the next ten years. The 2018 Plan once again includes on- and off -road routes, recognizing the need to tie neighborhoods to the bigger network to promote a bikeable and walkable community, While many miles of greenways and trails are now built, many routes are still conceptual and represent a vision for a comprehensive greenway network. Terminology: What is a Greenway? Greenways are linear parks, corridors of natural or open space: • following land or water features such as streams, rivers, canals, utility corridors, ridgelines, or rail lines and • managed for conservation, recreation, and/or alternative transportation and • including trails for pedestrians, bicyclists, and other trail users. 2007 Update to the Roanoke Valley Conceptual Greenway Plan 2018 Roanoke Valley Greenway Plan Page 1 1.5. CHANO '!,R AND GROWTH IN THE RzaioN Since the 2007 Plan, the Roanoke region has truly embraced the greenway system. The Greenway Commission undertook the Bridge the Gap campaign, which culminated in over $13 million in private and regional transportation funds being allocated to Roanoke River Greenway, As Roanoke River Greenway has grown in length, more and more people have come to depend on it for daily needs, such as exercise, commuting, and special events. The vision of "Roanoke Outside" began to grow, with greenways and trails as the core infrastructure to access outdoor amenities throughout the valley. This push has led to an economy more focused on the importance of having a bikeabie and walkable community with many outdoor recreation options nearby. The region has become a bicycling destination for both mountain bikers and road cyclists. The greenways are increasingly recognized as an important regional amenity, supporting redevelopment opportunities, attracting new businesses, aiding in employee and student recruitment, while encouraging housing construction, festivals, outfitters and tourism growth. In 2016, Botetourt County embraced this vision by joining the Greenway Commission, effectively doubling the geographic area of the greenway region. 1.4. VISION FOR THE FUTURE OF GREENWAVs AND TRAILS The proposed Roanoke Valley Greenway network is shown on the map included in this 2018 Plan, Appendix H, located inside the back cover. The vision is to have Roanoke River Greenway as the backbone of the system, running west to east, and then having north -south routes tying to Botetourt County and to the existing public lands and trail opportunities surrounding the Valley. The greenway network is part of the bicycle and pedestrian infrastructure for the region and provides the arterial routes, with connectivity to neighborhoods via sidewalks, bike lanes, and on -road facilities. Construction of Roanoke River Greenway has supported redevelopment of adjacent facilities, such as the River House, Wasena Taproom, the Bridges, and, in 2018, a building at the 9th Street industrial park for residential housing, Photo by Darrell Powledge Page 2 2018 Roanoke Valley Greenway Plan 2. STATUS OF THE ROANOKE VALLEY OREENWAY PROGRAM 2.1. OnsomAY PARTNaRs 2.1.1. Roanoke Valley Greenway Commission The Roanoke Valley Greenway Commission was formed in 1997 by an Intergovernmental Agreement among four local governments. With the update to the Greenway Plan in 2007, the Intergovernmental Agreement was revised, and it was revised again in 2016 when Botetourt County joined (Appendix A). The Greenway Commission is now comprised of five localities with three citizen members appointed by each of the participating governments, two staff appointees from each, one member appointed by the Roanoke Valley Transportation Planning Organization (RVTPO), one member from Pathfinders for Greenways, and non - voting ex officio members representing interested organizations. The purpose of the Greenway Commission is to promote and facilitate coordinated direction and guidance in the planning, development, and maintenance of a system of greenways throughout the Roanoke Valley. In accordance with the Intergovernmental Agreement, the Greenway Commission's responsibilities are to encourage incorporation of greenways into each jurisdiction's planning efforts, explore greenway opportunities, make recommendations on legislation, investigate funding and grants, recommend standards, pursue partnerships, and coordinate the efforts of the federal, state, and local governments involved. 2.1.2. Local Governments The greenway program is multi - jurisdictional, including the City of Roanoke, Roanoke County, the City of Salem, the Town of Vinton, and Botetourt County, The five jurisdictions help fund an office for the Greenway Coordinator on a per capita basis. The localities own and operate the greenways, and each has staff responsible for management and / maintenance. The localities match capital grants within their respective J jurisdictions, oversee planning and construction projects, and provide extensive staff time and in -kind services for greenway planning, construction, and management. Buft When the Intergovernmental Agreement was adopted in 1997, the greenway movement in the valley was a new frontier. Over time each locality has developed internal processes and staff expertise to deal with many greenway issues, and thus over time the Greenway Commission's role has evolved. That role varies by jurisdiction, depending on the locality's needs and staffing. The Greenway Commission strives to be responsive in complementing the localities' programs and in finding resources to help meet localities' needs. PYicaNk �? Tro&A% Row"ecour" \ aty 1 � �d Wm Roads vgum Toms Figure 2 -1: Roanoke Valley Greenway Commission Service Area includes the City of Roanoke, City of Salem, Roanoke County, Town of Vinton, and Botetourt County. 2018 Roanoke Valley Greenway Plan Page 3 2.1.3. Pathfinders for Greenways Pathfinders for Greenways, Inc. (Pathfinders) is a 501(c)(3) grass roots citizen organization with a volunteer board united by the vision of establishing a first -class regional greenway system within the Roanoke Valley. The Pathfinders' purposes are to promote and encourage development of a greenway network, educate citizens and officials on greenway benefits and value, raise and receive gifts, donations and grants, organize volunteers to assist with greenway development and maintenance, and sponsor greenway promotional efforts. Pathfinders has been particularly effective in designing, building and maintaining natural surface trails, and it is due to their expertise and efforts that the 2007 Plan expanded the network to include "trail nodes," destination public lands with natural surface trails. Pathfinders' volunteers donate 5,000+ hours of service each year and have purchased over $100,000 worth of trail building equipment. 2.1.4. Supporting Organizations 2.1.4.1 Roanoke Valley - Alleghany Regional Commission The Roanoke Valley- Alleghany Regional Commission, or Regional Commission, is a state - established regional planning organization. It provides assistance to local governments for land use planning, transportation planning, mapping, project management services, and grant applications. The Regional Commission sponsored and facilitated development of the initial greenway plan in 1995, obtained a grant for the update in 2007, and has developed the regional bicycle plans. It has continued to provide greenway services, including mapping, web assistance, use counts, bicycle route assessment and planning, and open space planning, in addition, the Regional Commission office houses the Roanoke Valley Transportation Planning Organization ( RVTPO), also known as the Metropolitan Planning Organization (MPO), a federally required body responsible for regional transportation planning in urbanized areas. The Greenway Coordinator serves on the Transportation Technical Committee (TTC) of the RVTPO, and the RVTPO has an appointed member to the Greenway Commission. 2.1.4.2 Virginia Department of Transportation The importance of the Virginia Department of Transportation (VDOT) to the greenway program has grown significantly since the 2007 Plan. From the beginning of the program, there have been "Enhancement" transportation grants that could provide funding for greenway construction. Other grant funds administered through VDOT have become available through the years, providing significant greenway funding. VDOT helps the localities understand grant requirements, comply with federal and state regulations, and meet environmental regulations. VDOT maintains the roads in the counties and has been the implementing agency for striping of bike lanes and installation of bicycle signage in those jurisdictions. 2.1.4.3 Other Partners The Intergovernmental Agreement allows ex- officio positions on the Greenway Commission. At this time, ex- officio members include the Western Virginia Water Authority (WVWA), Roanoke Regional Partnership, Blue Ridge Bicycle Club, Roanoke Chapter of International Mountain Bicycling Association (RIMBA), and Hollins University. The Greenway Commission has procedures for adding and removing members and reviews the membership annually. Other groups involved in greenways in the past include Roanoke Appalachian Trail Club (RATC), Appalachian Trail Conservancy (ATC), Western Virginia Land Trust, Valley Beautiful Foundation, Roanoke Valley Urban Forestry Council, Foundation for Roanoke Valley, and Greater Raleigh Court Civic League. Other neighborhood groups have been involved with specific projects, and citizens, corporations, and civic organizations are encouraged to be actively involved in greenway planning and construction. The Greenway program has received valuable assistance from Virginia Road and Transportation Builders Association, Boy Scouts, Girl Scouts, Roanoke Kiwanis Club, Salem Rotary Club, corporations, equine enthusiasts, and volunteers from Rotary, Kiwanis, Valley Area Shared Trails, Roanoke College, Virginia Tech, North Cross School, the Governor's School for Science and Technology, and Faith Christian School. The Greenway Commission has established important formal and informal connections to federal and state agencies, These include the Blue Ridge Parkway, National Park Service, Jefferson and George Washington National Forests, and Virginia Departments of Conservation and Recreation (DCR), Forestry, Transportation (VDOT), and Game and Page 4 2018 Roanoke Valley Greenway Plan Inland Fisheries (DGIF). The Greenway Commission and staff have assisted with statewide greenway conferences sponsored by DCR and with VDOT conferences and workshops, as well as providing advice to many jurisdictions interested in planning and constructing greenway systems. 2.2. PROGIMSS ON GREENWAY PLANNiNGI CONSTRUCTION] AND FUNDING 2.2.1. Summary of 2007 Plan The 2007 Update to the Roanoke Valley Conceptual Greenway Plan (2007 Plan) included several components: an organizational analysis, a refinement of routes and their feasibility, and an assessment of the process of getting greenways funded and built. Using a grant from VDOT, the Greenway Commission and Regional Commission hired a consultant to complete a management analysis, develop alternative funding strategies, provide comparisons with other communities, and recommend implementation strategies. Two public input meetings were held, and the consultant conducted qualitative telephone interviews with key stakeholders, including elected officials, staff, and decision makers, The 2007 Plan addressed the issues raised at the public meetings and established Roanoke River Greenway as the #1 Priority. Much of the work done in the first ten years, exploring routes and their feasibility, played into the establishment of priority levels and recommended surfaces for all other projects. The 2007 Plan was adopted by each of the four local governments. Significant steps taken after the 2007 Plan to implement its recommendations were: • Revision of the Intergovernmental Agreement to include staff as voting members. • Inclusion of Roanoke River Greenway in the flood reduction project within the City of Roanoke. • Establishment and completion of the Bridge the Gap campaign to provide funding for construction of Roanoke River Greenway. • Application for and receipt of significant grants for construction, including American Recovery and Reinvestment Act (Stimulus), Open Container, Regional Surface Transportation Program (RSTP), House Bill 2, Smart Scale, and Transportation Alternatives funding. 2.2.2. Regional Changes Since 2007 2.2.2.1 Regional Vision and Development The landscape and focus of the Roanoke region have changed in the last ten years. Some of these changes are structural, as buildings have gone up or come down, others are economic as companies have moved out or in, and others are technological as things like smart phones have impacted the way people interact, the things they look for when selecting a job location, and the very branding of communities. Roanoke is no longer "a railroad town" but presents itself as appealing to outdoor enthusiasts; the Convention and Visitors' Bureau now promotes Virginia's Blue Ridge; and downtown living is popular in Roanoke, Salem, and Vinton. Buildings embody this changing landscape with the roof of the Taubman Museum facing 1 -581, the Virginia Tech Carilion Medical School anchoring the Jefferson Street redevelopment area near Roanoke River, and the River House apartments and Wasena City Tap Room defining neighborhood redevelopment and re -use. In 2009 the Roanoke Regional Partnership, a regional economic development organization, recognized the untapped potential of the region's natural assets and initiated Roanoke Outside to leverage natural assets to attract investment and talent to the region. With the hiring of staff to promote this vision, the Partnership developed an extensive web site compiling information from multiple organizations to provide a comprehensive list of outdoor resources, trails, and outfitters, They began promoting the outdoors through weekly emails and events like Radical Reels and GO Fest, The Roanoke Regional Partnership recognizes the importance the greenway system plays in growing the regional economy and incorporates greenways into regional marketing. The greenways are viewed as a top selling point for the region, and the Partnership has fully supported the implementation of the greenway plans, During these changes, greenways have been increasingly recognized as important to attracting millennial employees, promoting health and wellness, contributing to an ecological mindset that helps address environmental issues, and providing a quality of life and facility that citizens can love. Greenways are now a target location for social 2018 Roanoke Valley Greenway Plan Page 5 interaction, with huge weekly pub runs, countless races and festivals, and numerous adjacent breweries. Greenways have become a training ground for athletes, a free gym, the place to walk your dog, the place to meet and greet your neighbors, and the thing to show to travel writers and economic prospects. The greenway infrastructure is supported by a growing network of on -road bike lanes and by bike share stations. 2.2.2.2 Relevant Plans As greenways have been built and citizens have become familiar with their benefits, the demand for more has risen. Advocates mention greenways at public meetings on a variety of topics, such as art, and push for greenways to be included in neighborhood and regional plans. Since the 2007 Plan was adopted, plans have been developed in all jurisdictions that incorporate greenway elements (Table 2 -1). Table 2 -1: Plans with Greenway Components, Adopted since 2007 1 Botetourt County • 2007: Town of Buchanan Comprehensive Plan • 2010: Botetourt County Comprehensive Plan Update • 2010: Town of Troutville,Virginia Strategic Plan • 2011: Botetourt County Strategic Plan 2011 -2015 • 2016: Botetourt County Board of Supervisors Strategic Priorities • 2016: Gateway Crossing Area Plan • 2017: Parks, Recreation, Greenways and Blueways Section of Botetourt County Comprehensive Plan City of Roanoke • 2007: Greater Raleigh Court Neighborhood Plan • 2007: Parks and Recreation Department Master Plan Update • 2008: City -Wide Brownfield Redevelopment Plan • 2008: Mountain View /Norwich Corridor Plan • 2008: South Roanoke Neighborhood Plan • 2009: Old Southwest Neighborhood Plan • 2010: Carvins Cove Natural Reserve Trail Management Plan • 2010: Loudoun- MelroselShenandoah West Neighborhood Plan • 2010: Melrose -Rugby Neighborhood Plan Update • 2010: South Jefferson Redevelopment Area, Amendment 1 • 2011: Arts and Cultural Plan • 2011, 2012: Countryside Master Plan • 2013: Evans Spring Area Plan • 2013: Roanoke Parks and Recreation Update to the 2007 Master Plan • 2017: Downtown Roanoke 2017 Plan Roanoke County • 2007: Roanoke County Comprehensive Master Plan for Parks and Facilities • 2008: Hollins Area Plan • 2008: Mount Pleasant Community Plan • 2009: Route 221 Area Plan • 2010: Vinton Area Corridors Plan • 2012: Glenvar Community Plan • 2016: Explore Park Adventure Plan • 2016: Roanoke County Community Strategic Plan • 2018: Draft 419 Town Center Plan (under review) CCC ly of Salem • 2012: Comprehensive Plan of the City of Salem, VA • 2016: Downtown Plan Town of Vinton /Roanoke County • 2010: Vinton Area Corridors Plan Town of Vinton • 2010: Downtown Vinton Revitalization Plan • 2016: Town of Vinton Urban Development Areas Blue Ridge Parkway • 2015: Roanoke Valley /Blue Ridge Parkway Trail Plan, Environmental Assessment Roanoke Regional Partnership • 2014: Connections: Annual Report 2014 Roanoke Vary Alleghany Regional Commission IRVARQ • Annual: RVARC Annual Reports • Annual: Roanoke Valley Area Regional Comprehensive Economic Development Strategy (CEDS) • 2007: Roanoke Valley- Alleghany Regional Strategic Plan, 2007 Update • 2007: The Five Pillars of Economic Development • 2010: Annual Report on Regional Economic Progress • 2010: Existing and Possible Urban Tree Canopy, Reports for City of Roanoke, City of Salem, Roanoke County and Town of Vinton • 2014: Partnership for a Livable Roanoke Valley Plan Roanoke Valley Transportation Planning Organization ( RVTPO) • Annual: RVTPO Performance Measures Reports • 2010: Route 419 Corridor Plan • 2011: 2035 Rural Long Range Transportation Plan • 2012: Bikeway Plan for the RVAMPO, 2012 Update • 2015: Roanoke Valley Pedestrian Vision Plan • 2016: 2040 Financially Constrained Long Range Transportation Plan • 2016: Roanoke Valley Transit Vision Plan 2.2.3. Growth of the Greenway Network The greenway network has grown, not only through construction, but also through expansion in 2007 to include "trail nodes" and expansion in 2016 to include Botetourt County's resources. (See Section 2.3: Addition of Botetourt County.) Table 2 -2 shows this growth of the network by showing how many miles were built at the time each plan was developed, Botetourt County's trails are included in the 2018 Plan, but not in the 1995 or 2007 Plans. Some trail Page 6 2018 Roanoke Valley Green way Plan systems have actually gotten shorter, because of lack of maintenance or inclusion of the mileage in other places. The trails included in the 2018 Plan are described further in Chapter 4, Table 2.2: Growth of the Greenway Network Comparative Mileage Built Miles Included in Gree way Plans _ Off -road Routes Appalachian Trail ++ 1995 Plan 2007 Plan 37.2 2018 Plan 79.0 37.2 Back Creek Greenwa 0 0 0.4 _ _ Barnhardt Creek Greenwa ~' 0 0 0 BioMed Loo included in other routes in 2018 Not included 1.5 Removed Birding and Wildlife Trail Sites miles not included elsewhere Not included 7.50 18.75 Blue Ride Parkway Trails++ 19.5 16 30.5 Carvin Creek Greenway 0 0 0 Carvins Cove Trail Network Not included 38.6 56.0 Catawba Greenway Not included 0 0.7 Dry Creek Greenway 0 0 Removed Dry Hollow Greenway 0 Removed Not included Explore Park Trails 0 7.0 14.0 Garden City Greenwa y (formerly Garnand Branch 0 0 0.7 Gish Branch Greenway 0 0 0 Glade Creek Greenway 0 0 0.3 Gladetown Trail 0 0.6 0.7 Glenwood Horse Trail With National Forest Trails Green Hill Park Trails Not included 0.9 2.8 Hanqinq Rock Battlefield Trail 0 1.7 1.8 Havens Wildlife Management Area Trails+ Not included 20.3 20.3 Homers Branch 0 Removed Not included Horse Pen Branch 1 Moved to Carvins Cove Trails Jefferson National Forest Trail ++ Not included 8.2 139.8 Lick Run Greenway 0 3.0 4.6 Long Ride Trail Not included 0 0 Masons Cove Greenway Not included 0 0 Mason Creek Greenway 0 0 1.0 Mill Mountain Greenway 1.9 3.5 3.3 Mill Mountain Park Trails 2.8 8.2 9.9 Mudiick Creek Greenwa & Garst Mill 0 0.5 0.5 Murray Run Greenway & Fishburn Park Trails 0 2.8 2.8 Paint Bank Branch - 0 Removed Not included Perimeter Trail Not included Mileagge in other routes Poor Mountain Preserve Trails + 0 0 3.4 Read Mountain Trails 0 0 4.5 Roanoke River Greenway 0 3.0 13.7 Roanoke River Greenway Extensions 0 0 0 Roanoke River Tributary Franklin St. 0 Removed Not included Spring Hollow Trails Not included 0 0 Tinker Creek Greenway 0 1.2 3.3 Wolf Creek Greenway 0 2.2 2.2 Subtotal 62.4 163.9 414.9 On -road Bicycle Connections 1995 Plan 2007 Plan 2018 Plan Bike Lanes 0 1.1 47.9 U.S. Bicycle Route 76 9.6 13.7 55.5 Si ned Bike Routes 0 9.9 31.9 Subtotal 9.6 24.7 135.3 Total 72.0 188.6 550.2 + State Jurisdiction; ++ Federal Jurisdiction 2018 Roanoke Valley Greenway Plan Page 7 2.2,4. Status of 2007 Greenway Routes Table 2 -3 summarizes the current status of individual greenway routes which were included in the 2007 Plan. Projects that were included in 1995 but dropped in 2007 are not included. More detail on individual greenways can be found in Chapter 4. Table 2 -3: Status of Green a Routes in the 2007 Green wa+Plan as of 12131117 CL ev O o ° C4 N PROJECT NAME 'O 0 0 0 W U Appalachian Trail — 1 ✓ 1985 Back Creek Greenway 2 Marlins Creek Rd. to Cotton Hill Rd. 2 ✓ _ Cotton Hill Rd. to Crystal Creek Rd. 2 ✓ ✓ Starkey Park to Merriman Park 2 ✓ ✓ ✓ ✓ ✓ ✓ 2002 Merriman Park to Blue_Rid e� Parkway__ _ 2_ ✓ i ✓ Crystal Ck Rd to Penn Forest Elem.Sch. 2 ✓ ✓ ✓ ✓ ✓ ✓ 2013 Jae Valley Rd. to Roanoke River 2 ✓ ✓ ✓ Barnhardt Creek Greenway 3 ✓ Biomed Loop 4 ✓ ✓ ✓ ✓ ✓ Part Birding and Wildlife Trail Sites 5 ✓ ✓ ✓ ✓ ✓ ✓ 2003 Blue Ride Parkway Trails++ _ 6 _ ✓ ✓ Carvin Creek Greenway 7 ✓ ✓ Some Carvins Cove Trail Network 8 ✓ ✓ ✓ ✓ ✓ ✓ On oin Catawba Greenway 9 ✓ ✓ ✓ ✓ Part Dry Creek Greenway 10 ✓ Explore Park Trails 11 ✓ ✓ ✓ ✓ ✓ Ongoing Garden City Greenway Garnand Branch 12 Blue Ridge Parkway to Yellow Mtn Rd 12 ✓ Yellow Mtn to Ivywood 12 ✓ ✓ ✓ ✓ ✓ ✓ 2016 Iv wood to Roanoke R. Greenway 12 ✓ ✓ ✓ ✓ ✓ 2016 -18 Gish Branch Greenway 13 ✓ Glade Creek Greenway 14 Beyond Vin and Park 14 ✓ Vinyard Park section 14 ✓ ✓ ✓ County line to Gus Nicks Blvd 14 ✓ ✓ Part Gus Nicks Blvd to Walnut Ave. 14 ✓ ✓ ✓ ✓ ✓ 2019 Walnut Ave. to VA 24 14 ✓ ✓ ✓ ✓ ✓ ✓ 2017 Gladetown Trail 15 ✓ ✓ ✓ ✓ ✓ ✓ 2012 Green Hill Park Trails 16 ✓ ✓ ✓ ✓ ✓ ✓ 2009 Hanging Rock Battlefield Trail 17 ✓ ✓ ✓ ✓ ✓ ✓ 1999 Mason Creek Bride 17 ✓ ✓ ✓ ✓ ✓ ✓ 2014 Branch Drive to E. Main St. 17 ✓ ✓ ✓ ✓ 2018 -19 Havens Wildlife Mgt Area Trails + 18 ✓ ✓ ✓ ✓ ✓ ✓ ✓ Jefferson National Forest Trails ++ 19 ✓ ✓ ✓ ✓ ✓ ✓ ✓ Lick Run Greenway 20 Peters Creek Rd to Countryside 20 ✓ Countryside to Wm. Fleming Schools 20 ✓ ✓ ✓ ✓ ✓ ✓ 2014 Wm. Flerning to Interchange at 1 -581 20 ✓ ✓ _ Valley View bridge __`__ �_ 20 ✓ ✓ ✓ _ ✓ _ ✓ _✓ _ 1999, 2015 Interchange to Visitors Bureau 20 ✓ ✓ ✓ ✓ ✓ ✓ 2002, 2006 Long Ride Trail 21 ✓ Masons Cove Greenway 22 ✓ Mason Creek Greenway 23 ✓ ✓ Part Part 2013 Mill Mountain reenway 24 ✓ ✓ ✓ ✓ ✓ ✓ 2003 Mill Mountain Park Trails 25 ✓ ✓ ✓ ✓ ✓ ✓ 2015 Page 8 2018 Roanoke Valley Greenway Plan Table 2.3: Status of Greenway PROJECT NAME Routes in the 2007 Greenway Plan as of 12131/17 continued n ti o N c o Z. ` S x rn c •C `c° c C c m is ' b 3 o L 2 o N ° a ai d Mudlick Creek Greenway 26 Hidden Valley High School - Cresthill Dr. 26 ✓ ✓ Cresthill to Garst Mill Park 26 ✓ ✓ ✓ ✓ ✓ ✓ 1997 _ Gars/ Mill to Roanoke River 26 ✓ One tract Murray Run Greenway 27 Ogden Rd. to Colonial Ave. 27 ✓ ✓ .41 Colonial to Brambleton Ave, 27 ✓ ✓ ✓ ✓ ✓ ✓ 2004 Brambleton to Grandin Rd. 27 ✓ ✓ ✓ ✓ ✓ ✓ 2001, 2003 Perimeter Trail 28 ✓ Poor Mountain Preserve Trails + 29 ✓ ✓ ✓ ✓ ✓ ✓ 2013 Read Mountain Trails 30 ✓ ✓ ✓ ✓ ✓ ✓ 2012 Roanoke River Greenway See p. 64 31 ✓ ✓ ✓ ✓ ✓ Ongoing 1999 -2018 Roanoke River Greenway Extensions 32 ✓ Spring Hollow Trails 33 ✓ Tinker Creek Greenway 34 Carvins Cove to City/Co line 34 ✓ ✓ Part Pad 2012 City/County City/County line to Wise Ave. 34 ✓ ✓ ✓ Wise Ave to Roanoke River 34 ✓ ✓ ✓ ✓ ✓ ✓ 2003, 2012 Wolf Creek Greenway 35 Blue Ridge Parkway to Stonebridge Park 35 ✓ ✓ ✓ ✓ ✓ 2007 Stonebrid e Park to Hardy Rd. 35 ✓ ✓ ✓ ✓ ✓ ✓ 1999, 2001 Hardy Rd to Roanoke River 35 ✓ +State Jurisdiction ++ Federal Jurisdiction LEGEND — Roanoke W.N lVncrb f l Prv.fy 2 C ,Y. — PnOMy � am. Grawrvr,Tr -. Pn;owdtA/,i/se Run - E&I-6 awnran Gr.an rr./ E E..er." TraN Gi Egal,bkvrFapYy A G'.an+.aP l/vnE+. �] P,EI,e laMs Idpyaltllrn Trai 2a /beak �W 36art+N G..ak Orear�,T .a.k%d Inn, aaa v n vvaeua T d 3Ns Eakm ROW Pado.a/ Tats ]crier e.ew aree,.r.r� ar ca.. r.r w.wa� C C/aalrrH I cr.r, c.....a.Y I1£.Pk.a Parts T- li-0anMn Cay Gree+msY (6amrvl �VIOn) 1)dM 6rM beemnY 14IItl, Grwm,aY 15Gw1asaan TraO Trab ]a+rp 16TU W/W P 1 q Rndc BwkFaM Tral 1B -IMirx Y +alt, Marup.rrrt+n Ne. Trrk li -klbwn NaYnal Tae4 Tr,sts 2vl Run Greranq 2lannpRklpk7- zzaN+on, Ib.e Grrerwry 23Nasnn Gawaf ay 24af! abxµael O'wr+w"Y 21baa aasardyn Perk T ba 24MWi .ewM Y -wnr Yt %'3ars'c Sas' .raa ri Rr» a 2A8rM.M iai 'YJR i at aaa 110, JI36 du Fw h 32R Ae f4xw rk -wrwq ErMrrs+n, iJ e.:unrvi H>rnr Pryµ J4iLwe..rae? u..>a,�.ay Roanoke Valley Conceptual Greenway Plan Figure 2-2:2007 Plan Map of Proposed Greenway Network 2018 Roanoke Valley Greenway Plan Page 9 Av .41 rip Figure 2-2:2007 Plan Map of Proposed Greenway Network 2018 Roanoke Valley Greenway Plan Page 9 2.2.5.On -Road Bicycle Connections For decades the region has had bicycle plans, developed by the Metropolitan Planning Organization (now the RVTPO), to encourage bicycling as an alternative mode of travel and to facilitate development of greater connectivity between activity centers. These plans have documented bicycling conditions, accommodations, popular routes, safety concerns, and corridors needing improvements. The most recent update to the Bikeway Plan for the Roanoke Valley Area Metropolitan Planning Organization (Regional Bicycle Plan) was completed in 2012. In addition, the Ride Solutions program has played a significant role in encouraging bicycle commuting and developing on -line mapping resources. 225.1 U.S. Bicycle Route 76 U. S. Bicycle Route 76, established in 1978 as part of the TransAmerica Trail, is a national, signed bike route running through Botetourt and Roanoke Counties. The portion on Blacksburg Road was included in the 1995 Plan, and, with the inclusion of Botetourt County, the entire 55.5 miles within the region is included in this 2018 Plan. In 2017 the Regional Commission completed a study of the route to assess conditions and develop recommendations for improving the cyclist's experience, showcasing the region's resources, and increasing the economic benefits of this national facility. That study has specific recommendations to improve safety and wayfinding and encourages development of amenities and facilities for long distance riders. There is also a proposed U. S. Bicycle Route 11, which would follow the Blue Ridge Parkway. 2.2.5.2 Blue Ridge Parkway The Blue Ridge Parkway, under the jurisdiction of the National Park Service, is located in Botetourt and Roanoke Counties from Milepost 75 to Milepost 136. It is a popular route for recreational and long distance riders but is not signed for bicyclists. The speed limit is 45 mph, and there is limited access and lower traffic volumes than on many other roads. However, there are often conflicts between bicyclists and cars, because of significant commuter traffic and because the alignment and hills make it difficult for cars to pass bicycles. The Parkway does not have paved shoulders, and thus there are many safety issues for bicyclists. 2.2.5.3 Other On -Road Facilities The 1995 Plan included many proposed on -road routes, which were referenced in the 2007 Plan and included in the Regional Bicycle Plan. The localities have developed these facilities as opportunity has allowed, when roads are rebuilt, restriped, or reconfigured. Table 2 -4 (p. 11) lists the roads with striped bike lanes and those that are on signed bicycle routes. , The City of Roanoke has led the way on adding bike lanes through striping space when paving. Page 10 2018 Roanoke Valley Green way Plan Table •4: OreRok l. , of rr otdii ti ull# d 1u :11 Locality and Route Name 11 Mlles of Miles Signed Bike Lan e Bike Route Locality and Route Name Miles Bike Lane Miles of Signed Bike Route City of Roanoke City of Roanoke cont'd 10th St. NW 1,67 Belmont 3.34 13th St. 2.90 Carlton Rd. 0.44 5th St. NW 0.56 Ferdinand Ave. 1.33 Boulevard St. 0.44 Maiden Ln. 2.08 Brambleton Ave. 1.60 Market St. 1.24 Brandon Ave. 4.53 1.61 Old Southwest 1,33 Broadway 0.45 Tinker 2.06 Colonial Ave. 1.81 Wise Ave. 1.69 Ed ewood St. 0.20 0.52 City of Salem Franklin Rd. 3.66 Braeburn Dr. 1.90 Gus Nicks Blvd. 1.33 Colorado St. 0.80 Hershber er Rd. 1.60 Salem Bike Route 9.93 JP Fishburn Parkway 1.60 County of Botetourt McClanahan St. 0.46 U. S. Bicycle Route 76 41.80 Melrose Ave. 4,49 County of Roanoke Memorial Ave. 1.04 Brambleton Ave. 2.30 Patterson Ave. 0.23 Mountain View Rd. 2.50 Peters Creek Rd. 4.44 U. S. Bicycle Route 76 13.70 Peters Creek Extension 4.66 2.08 Town of Vinton Shenandoah Ave. 1.62 4.32 Hardy Rd. 1.10 Totals 47.89 87.47 2.2.6. Development of Biueways as Water Trails 2.2.6.1 Roanoke River Bluewav In response to public input, the 2007 Plan had considerable discussion of development of a Roanoke River Blueway. Such a water trail would complement the greenway and help protect the scenic quality and health of the river, which directly affects users' experience on the greenway. The Greenway Commission had been providing annual canoe trips for elected officials and staff for many years, and numerous boat launches were being constructed in conjunction with Roanoke River Greenway. Some advocates assumed that the Greenway Commission was the logical group to organize the blueway development, but the four localities declined to expand the mission and staffing of the Commission at that time. In 2013 the Regional Commission received several requests from localities to help organize development of the Roanoke River Blueway. Thus, in 2014 the Regional Commission organized a steering committee of users, locality staff, outfitters and other community partners to gather the information that would be needed to develop a blueway website. Many of the boat launches, water gauges, canoe racks, and other amenities had already been installed, but the committee identified additional needs to provide continuity for a water trail. Staff looked at efforts in neighboring jurisdictions and across the state and developed the Roanoke River Blueway website. Partners on the steering committee stepped up to raise funding for installation of two new access points. The Greenway Commission supported these efforts by serving on the steering committee, providing amenities, assisting with funding, and providing tours, pictures, and other information. The Roanoke River Blueway has been designated a Virginia Treasure, received the Governor's Award for Environmental Excellence, and received a Virginia Tourism Corporation Grant. Promoting the Roanoke River Blueway helps to market the Roanoke River Greenway as the flagship greenway for the broader network. The Roanoke River Blueway, 45 miles long with 17 access points, remains a key amenity for outdoor recreation in the Roanoke Valley and is important to the greenway network. 2018 Roanoke Valley Greenway Plan Page 11 2.2.6.2 Upper James River Water Trail In 2015 Botetourt County developed the Upper James River Water Trail from Iron Gate to Alpine, a distance of 46 miles. This blueway has eight sections, with Class I and II rapids and excellent fishing. Several outfitters provide rental tubes, kayaks, fishing tours, and shuttles. In 2017 two segments of the river, totalling 30 miles, were designated part of the Virginia Scenic Rivers system and added to the 16 -mile segment designated in 1985 to provide Scenic River status for the entire river in Botetourt County. The trail's website provides detailed information about each section and contacts for renting equipment. 2.2.7. Greenway Funding The Upper James River Water Trail offers tubing, canoeing, kayaking, and fishing. Outfitters provide rental equipment and guide services. 2.2.7.1 Construction Funding Greenway construction and development has been funded through a myriad of federal, state, local, and private sources. Table 2 -5 (p. 13) documents the grants and donations received since the 2007 Plan. Most grants require some match. These charts do not document all the local government spending to match grants and employ staff for managing projects. The 2007 Plan recommended reducing reliance on federal and state grants, but, in fact, the region is very dependent on these sources. 2.2.7.2 Greenway Commission Funding As outlined in the Intergovernmental Agreement (Appendix A), the Greenway Commission budget is funded on a per capita basis by each of the participating localities. The budget has increased over twenty years as the cost of salary and benefits for the Greenway Coordinator has increased, but the Greenway Commission is still staffed by only one employee. The Commission has an agreement with Roanoke County to provide office space and equipment and to serve as fiscal agent. 2.2.7.3 Funding through Pathfinders for Greenways Pathfinders relies on private donations and grants to cover its expenses. With those funds Pathfinders has been able to purchase a truck, trailer, two mini -skid steers, hand tools, and trail construction materials. Pathfinders does not have staff, but is assisted by the Greenway Coordinator and has a part -time contract employee to do clerical work and bookkeeping. In 2007 a group of young professionals called Valley Forward started a fundraising race, Gallop for the Greenways, to provide monies to speed up greenway construction. The race is an annual event and the proceeds have paid for engineering, survey, construction, and land purchase on different greenway and trail sections, Pathfinders has also participated in other events for charitable organizations, such as First Fridays and the Deschutes Street Pub, won awards such as Cox Heroes, and received corporate donations, such as those from Bridge the Gap donors and from Novozymes, which provided $50,000 annually for six years. Pathfinders has received grants and donations that have allowed purchase of a mini -skid steer to assist with trail building. Page 12 2018 Roanoke Valley Greenway Plan Z.S. ADDITION OF BOTETOURT COUNTY In 2015 Botetourt County asked about the possibility of joining the Greenway Commission. After informal discussions between County and Greenway Commission staff, the Botetourt County Board of Supervisors took action to request to join the Greenway Commission, While the addition of new members was specifically allowed in the Intergovernmental Agreement, no process had previously been specified. Thus, the Greenway Commission reviewed the request at length, considering the pros and cons, the impact on staff and funding, and the expectations. In April 2016 it recommended to the localities that Botetourt County be admitted as a member and that the Intergovernmental Agreement be revised to reflect the change. Subsequently, each of the four localities took action approving a resolution to add Botetourt as a member and to revise the Intergovernmental Agreement. On June 29, 2016 these documents were signed by the administrators of each jurisdiction at the Annual Meeting of the Greenway Commission, held at Greenfield Education and Training Center. Botetourt County is 548 square miles in size and brings many resources and opportunities to the greenway program. In the eastern part of the County are the Blue Ridge Parkway and the Glenwood District of the Jefferson National Forest. In the northern part of the County are the James River and Craig Creek. In the western part are the Patterson Mountain and North Mountain Trails of the Eastern Divide District of the National Forest. In the southern part are Carvins Cove, Tinker Creek, and Read Mountain. U.S. Bicycle Route 76 runs through the County for 41.8 miles from Buchanan through Troutville to Catawba Road, and the Appalachian Trail crosses the County from Carvins Cove through Daleville to the Blue Ridge Parkway. Thus, the County is well connected with recreational resources, has ample space for development of support facilities like camping, and could be a hub for outdoor recreation. On June 29, 2016 Botefourt County joined the Greenway Commission with the signing of documents at Greenfield Education and Training Center. Table 2 -6 (p. 14) is a list of the existing trails in Botetourt County which are being incorporated into the 2018 Plan, thus enlarging the total mileage in the Roanoke Valley Greenway network. 2018 Roanoke Valley Greenway Plan Page 13 Name Trail or Section Management Partners (Acronyms Listed p. vi) Surface Existing paled Layne Trail Rt 779 to Appalachian Trail Roanoke Cement RATC C 3.0 —Andy Appalachian Trail Campbell Shelter to VA 652 NPS -APPA, RATC ATC C 17.5 Appalachian Trail VA 652 to Thunder Hill Shelter USFS, RATC & NBATC C 40.1 Birding and Wildlife Trail Sites Allegheny Highlands Loop: CaINe Furnace USFS B 0.3 Birding and Wildlife Trail Sites Iron Ore Loop: Craig Creek Recreation Area - mileage counted under National Forest USFS B 0.0 Birding and Wildlife Trail Sites Peaks of Otter Loop: Harveys Knob Overlook Blue Ride Parkway A 0.0 Birding and Wildlife Trail Sites Peaks of Otter Loop: Warbler Road USFS B 13.0 Birding and Wildlife Trail Sites Roanoke Valley Loop WVWA Roanoke Parks & Rec A 0.1 Birding and Wildlife Trail Sites Roanoke Valley Loop: Woodpecker Ride Nature Center Private B -C 0.8 Blue Ride Park Blue Ride Park Trail Botetourt Parks and Rec A -B -C 0.65 Boxley Park Blue Ridge Springs Trail Botetourt Parks and Rec C 0.6 Carvins Cove Trail Network Multiple Trails, Listed in Chapter 4; 45 miles, counted previously Roanoke Parks & Rec B -C 0 Greenfield Trail System Cherry Blossom Trail Botetourt Parks and Rec B 0.88 Greenfield Trail System Boyer Holiday Trail Botetourt Parks and Rec C grass 0.86 Greenfield Trail System Colonel William Preston Trail Botetourt Parks and Rec C grass 2.4 Greenfield Trail System Greenfield Recreation Trail Botetourt Parks and Rec C grass 3.1 Blue Ride Parkway Harkening Hill Trail BRP, USFS C 33 Blue Ride Parkway Fallin water Trail BRP, USFS A &C 1.6 Blue Ride Parkway Flat Top Mountain Trail BRP C 4.4 Jefferson National Forest Multiple Trails, listed in Chapter 4 USFS- Eastern Divide C 57.4 Jefferson National Forest Multiple Trails, listed in Chapter 4 USFS - Glenwood/ Pedlar C 76.3 George Washington National Forest Multiple Trails, listed in Chapter 4 USFS -James River- C 6.1 Perimeter Trail Curry Gap to Nace On roads - USFS, VDOT A -B 6.2 Tinker Creek Greenway Botetourt Co. Line to Carvins Cove Boat Landing Roanoke County Parks, Rec. and Tourism; Roanoke Parks and Rec. C 0 Upper James River Water Trail Iron Gate to Craig Creek DGIF Water 14.0 Upper James River Water Trail Craig Creek to S rin wood DGIF Water 16.5 Upper James River Water Trail S rin wood to Buchanan DGIF, VDOT Water 5.0 Upper James River Water Trail Buchanan to Arcadia DGIF Water 6.0 Upper James River Water Trail Arcadia to Alpine VDOT, DGIF, USFS Water 4.5 U.S. Bicycle Route 76 Rockbridge County to Roanoke County Line VDOT A 41.8 Existing Mileage Added to Roanoke Valley Greenway Network 326.4 Surfaces: A = Paved, asphalt or concrete; B = Crushed aggregate stone, wood chips; C = Natural surface, wood chips or grass Page 14 2018 Roanoke Valley Greenway Plan 2.4. REVIEW OF GOALS9 OBJECTIVES AND STRATEGIES 2.4.1. Review of Goals/ Objectives /Strategies from 2007 Plan In the 2007 Plan issues raised by the public led to development of six new goals, in addition to those in the 1995 Plan. Those six goals were regional goals for all the partners involved in the greenway program to consider during development of the greenway network. After completion of the 2007 Plan, the four localities and the Greenway Commission addressed many of these issues by revising the Intergovernmental Agreement, expanding the Greenway Commission membership to include staff, revising the bylaws, and focusing on Roanoke River Greenway. In 2014, in line with the Commission's responsibility to review the Plan periodically, the Executive Committee updated the implementation strategies and this 2018 Plan includes further updates in Chapter 6. Goal Objectives Strategies Progress by 2018 1. Greenway Construction Complete a connected Prioritize greenway construction and focus resources on completion of the Focus on finishing the Roanoke River Greenway (Priority #1) in the next five years High greenway network of trails to greenway network's arterial routes. Provide a connected greenway Focus on finishing Priority #2 routes in five to ten provide the multiple benefits of a greenway system, with focus system by focusing on long stretches years. on finishing Roanoke River of off -road trails and tying them Moderate Greenway. together with on -road bicycle and pedestrian facilities. Improve the process for getting greenways built. Incorporate on -road greenways and connections into the regional Bikeway Plans. High Provide identification, regulatory, and Develop master plans for Priority 1 and 2 informational signs on each greenway greenways with time lines for land acquisition and Moderate to facilitate use and management construction. Identify a project team for each project, with assigned roles and responsibilities. Moderate Within each locality coordinate project management, land acquisition, and greenway construction with all departments that might help Moderate or be impacted. Develop greenway sign guidelines to encourage signage consistency while retaining flexibility to Moderate meet locality requirements. Continue to use Pathfinders for Greenways to build Class C trails. High 2. Funding Develop an aggressive, regional, Continue to seek federal and state grants but Increase greenway funding to meet the goals for trail multi -year funding plan that identifies fiscal goals and sources of continuous reduce reliance on these sources. High; low. construction and completion of funding for greenway construction. Develop new sources of revenue for Develop an implementation plan for completion of the greenway network. greenway construction. the Roanoke River Greenway and utilize it in High solicitinq corporate donations and investments. Target multiple funding sources and explore innovative funding possibilities such as bonds, High stormwater fees, private grants, and partnerships. Expand fund raising activities such as charitable donations, festivals, races, and other fundraising High events. Include capital money for greenways in each locality's Capital Improvement Program, High Develop a donation program to allow private donation of greenway amenities such as water High fountains, bike racks and benches. 2018 Roanoke Valley Greenway Plan Page 15 Goal Objectives Strategies Progress b 2018 2. Funding (coni'd) Develop a method for receiving and efficiently utilizing corporate donations. High Develop a list of specific trail sections or components that could be funded by corporate or Moderate other private monies. 3. Land Acquisition Develop a land acquisition program that provides rights- Develop an aggressive, land acquisition program that identifies properties needed for each project Form land acquisition teams, define roles and responsibilities of team members, and train team members to assist with acquisition of greenway Low of -way needed for greenway and time lines for acquisition that easements. construction. dovetail with construction schedules. Work cooperatively among local Identify existing public properties and easements jurisdictions to coordinate land being acquired for other purposes to determine if Moderate - acquisition across jurisdictional greenway easements can be incorporated. High boundaries. Develop a mechanism to be involved in the utility easement process so that greenway easements Moderate can be considered where appropriate. Work with planning staff to refine local zoning ordinances to encourage and protect greenway corridors. Moderate - High Work with developers to include greenway easements, and greenway construction, within Moderate - new developments that are located along High identified greenway corridors. Utilize corporations and chambers of commerce to support development of trails within Moderate industrial /business complexes. 4. Community Outreach and Education Develop a dynamic outreach program that communicates the economic, Expand the Greenway Commission and localities' web sites to provide current information on Moderate - Develop a community health, environmental, and quality of projects and events, trail locations and maps, and High outreach and education life benefits of the greenway system. information for tourists. Increase awareness of greenway Provide greenway marketing information to the program that provides information on greenway implementation efforts through a economic development departments of the local Moderate opportunities and benefits. marketing strategy. jurisdictions. —comprehensive Expand environmental educational Develop an outreach program that goes beyond programs and service opportunities the Roanoke Valley to be used to attract new Moderate - through cooperation with local schools businesses and enhance the valley's value as a High and an expanded volunteer program. tourism destination. Develop a speakers bureau to market greenways to Valley residents through club and organization meetings, civic associations, and business Low groups. Standardize use of the greenway logo on trail signs, maps, and marketing materials. High Publicize greenway projects, trail locations, and benefits via the press, newsletters, signage, and High web site. Expand the volunteer and volunteer recognition program. Moderate Develop a "Youth of the Greenways" advocacy component to engage young audiences to volunteer and contribute to future greenway Low development. Page 16 2018 Roanoke Valley Greenway Plan Goal Objectives Strateglss Progress by 2018 5. Organizational Structure Clarify the roles and responsibilities Clarify the roles and responsibilities of each Refine the organizational structure to effectively and for implementing the Greenway Plan. locality, the Greenway Commission and volunteers in implementation of the Greenway High efficiently implement the Plan and specifi c projects. Improve the Greenway Commission's Update and renew the Intergovernmental Update to the Conceptual Greenway Plan and manage function to assist the localities Agreement. High the growing greenway system. effectively. Identify staffing needs of the localities and Greenway Commission to meet the responsibilities of each in implementing the Moderate Greenway Plan and managing the greenway network. Develop a Memorandum of Understanding with Western Virginia Water Authority and other utility companies to facilitate right -of -way planning and Low manaciement of greenways within utility corridors. 6. Greenway Management Utilize best management practices in Work with legal departments to develop Manage the greenway network to meet user needs, provide a design and maintenance of greenways. ordinances needed to effectively manage greenways and to encourage consistency across Moderate range of experiences in a iurisdictions when feasible. Improve regional coordination among Develop methods for users to report problems or secure environment, and protect the natural resources. greenway managers to address management issues and develop conditions on greenways. Moderate consistent responses. Provide departments maintaining Involve law enforcement and emergency greenways with sufficient budget and management personnel prior to the opening of Moderate - resources to manage the growing new greenways. High qreenway network. Schedule regional meetings among staff managing greenways to share methods and Low experiences. Identify greenways in locality mapping and geographic informations stems. High Use national and state guidelines like CPTED (Crime Prevention through Environmental Design) and AASHTO (American Association of State High Highway and Transportation Officials) to design secure and safe trails. Expand adopt -a- greenway programs and other methods for volunteer assistance to reduce maintenance costs. High 2.4.2. Review of Goals /Objectives from 1995 Plan The 2007 Plan incorporated the Goals and Objectives from the 1995 Plan. The 1995 Plan presents a holistic vision for a Valley -wide greenway system. That plan identifies many greenway corridors to establish an interconnected trail system. However, the greenway system is more than just an alternative transportation and recreation facility. The 1995 Plan addressed not just the physical infrastructure but the following as well; • Recreation opportunities • Wellness of the Valley's citizens (health and fitness needs /active lifestyle) • Preservation /conservation of natural resources • Educational opportunities • Economic development potential 2018 Roanoke Valley Greenway Plan Page 17 These ideas are represented as seven goals with 45 related objectives and strategies. The Steering Committee for this update reviewed these strategies and subjectively re- evaluated the success in achieving each. The table below lists the goals and objectives /strategies and ranks the degree of progress on each as: None, Low, Moderate, or High. These goals, objectives and strategies represent an ambitious concept that could create a model greenway system. Goals 1995 Plan Objectives /Strategies Quoted from 1995 Plan Progress by 2007 Progress by 2016 1. Transportation Provide corridors that bicyclists, _ Provide greenways that connect schools, libraries, shopping centers, work sites, arks and other laces in the community. Moderate Moderate — High Provide connections between mass transit sites and make pedestrians, and others can use to get from one place to another as an alternative to motor vehicle use. arrangements for safe storage of greenway system users' bicycles (or other belongings) while they are using the transit Low Low system. Identify and make plans for existing roads that should be widened or otherwise modified to accommodate bicycles and Moderate Moderate pedestrians. Initiate Valley -wide design and installation standards to incorporate bicycle and pedestrian facilities on new roads and Low Moderate road improvement plans. Initiate design standards that are sensitive to the disabled in order to ensure opportunities for a variety of users. High High 2. Safety Design a greenway system that maximizes safety of greenway Establish integrated law enforcement and emergency response programs that service the needs of greenway system users and landowners. Low Moderate — High Incorporate into the greenway management system appropriate safety and security strategies. Moderate Moderate system users and nearby property owners and neighborhoods. Design the greenway system to accommodate different activities (such as horseback riding and bicycling) with a minimum of user- Moderate Moderate conflict. Improve bicycle safety by implementing safety education proqrams in local schools and the community. None Low 3. Recreation/ Fitness /Health Design the greenway system as Provide a greenway system that accommodates a variety of recreational activities. High High Encourage businesses to establish and integrate use of greenways into corporate health and wellness programs. Low Moderate — High both a recreational resource and as public access to other recreational resources, offering a full spectrum of recreation and exercise Promote programs and facilities that provide opportunities for individual health related activities. Moderate High Make each greenway a stand -alone destination (as well as a link to other resources) by providing amenities such as benches, picnic areas, and workout stations. Moderate Moderate - High opportunities. 4. Education Educate the public about the need Educate the community on the importance of environmental conservation and restoration ecol Moderate Moderate Develop a program of continuing education for elected officials, for and benefits of greenways, and educate the greenway system user about the area's natural and cultural agency staff, developers and engineers to define the latest technologies, design methodologies and land use practices for Low Low history. managing the environment. Increase public awareness of the importance of the Roanoke River and its watershed lands to the future of the Roanoke Valle Moderate Moderate - High Educate the public on the benefits and uses of greenways. Develop an out -reach education program to attract new users. ate Moderate Moderate — High Educate property owners of the economic advantages of having a greenway on or near their property, Low Moderate Educate greenway system users on proper greenway system etiquette that respects the rights of adjacent property owners and Moderate Moderate other greenw a y system users. Use the greenway system as an outdoor Environmental Learning Lab for school and community use. Moderate Moderate Page 18 2018 Roanoke Valley Greenway Plan 2018 Roanoke Valley Greenway Plan Page 19 Objectives /Strategies Quoted from 1995 Plan Progress by 2007 Progress by 2018 Goals 1995 Plan 4. Education (cont'd) Provide historic information using trail markers along historically significant trail corridors. Low Moderate Provide maps and literature on trail length, difficulty, restrictions and amenities. Moderate Moderate _ 5. Economic Development Address both the appropriate costs Utilize the greenway system as an economic development marketinq tool for the Roanoke Valley. Low High Use greenway linkages to complement and enhance tourist attractions. Moderate Moderate of implementing the greenway system (including land acquisition Document economic benefits of greenways, such as increasing and capital improvements) and the benefits that will result from its the value of land that lies contiguous to a greenway and the Low Moderate creation. benefits to a new business locating in the Roanoke Valley. Establish a mechanism to ensure continuing maintenance of the greenways, such as using volunteers to keep maintenance costs Moderate Moderate low and starting Adopt-A-Greenway program. Utilize tax incentives, easements and other approaches to encourage individuals and businesses to donate land, funding or Moderate Moderate materials. Establish procedures for subdivision developers to provide donations of land or rights-of-way for greenway systems. Low Moderate Utilize existing rights -of -way, utility corridors, and other features to lower installation costs. Low Moderate Explore and obtain multiple sources of funding for greenways. Moderate Hi h 6, Environmental Design a plan that preserves, Encourage localities to include greenways as a flood reduction strateqy in the Roanoke Regional Stormwater Management Plan. Moderate Moderate Develop a valley -wide strategy for protecting natural stream promotes and enhances the Valley's environmental assets, corridors and other open space, plus a mitigation program for addressing resources that have been adversely altered by land None Moderate development. Promote greenways as an alternative transportation mode that can help reduce air pollution. Moderate High Utilize areas adjacent to greenways as natural areas that protect, maintain, or restore natural vegetation and aquatic and wildlife Moderate High habitats. Design greenways to reduce non -point source pollution in stormwater runoff. Moderate Moderate - High Utilize greenways as buffer zones between developed area and Moderate Moderate open s aces. 7. Organizational and Operational Implement the Roanoke Valley Obtain local government and citizen support for the Roanoke Valley Conceptual Greenway Plan. High High Respond to citizen concerns such as safety issues and user Conceptual Greenway Plan on a regional level and proceed with conflicts in the establishment and operation of the greenway Moderate Moderate future greenway system planning system. Establish standards for the design, operation, and maintenance of the greenway system. Low Moderate - High and implementation Ensure that an organizational structure exists for regional planning, implementation, and operation of greenways in the High High Roanoke Valley. Establish a non - profit organization to launch a public awareness campaign, volunteer programs and fundraising efforts High High Select a pilot greenway project and implement it. High High Pursue implementation of other elements of the Roanoke Valley Conceptual reenway Plan. Moderate High 2018 Roanoke Valley Greenway Plan Page 19 Page intentionally left blank. Page 20 2018 Roanoke Valley Greenway Plan 3. COMMUNITY INPUT AND ISSUES 3.1. GMENWAY PLAN UPDATE PROCESS The Greenway Commission and Regional Commission selected a variety of methods for involving citizens, locality staff, and officials in the update to the Greenway Plan. These methods included convening a steering committee (listed on the inside cover of this Plan), holding seven public input meetings, conducting an on -line survey, and meeting frequently with locality staff, locality greenway teams and the Greenway Commission. 3.1.1. Public Input Meetings Six community meetings were held in 2017 to gather public input on the future of the greenway system. Total attendance was 208 people. These meetings took place on the following dates at locations noted: • March 21,2017 in Botetourt County at the Greenfield Education and Training Center • March 27, 2017 in Roanoke County at Mountain View Elementary School • March 30, 2017 in the City of Roanoke at Fishburn Elementary School • April 3, 2017 in Roanoke County at South County Library • April 6, 2017 in Roanoke County at Gienvar Middle School • April 10, 2017 in the Town of Vinton at the Vinton War Memorial Each meeting began with a presentation on the history and status of the greenway program. Attendees divided into groups to rotate through stations focused on specific topics. Within each station, the facilitator led the group through questions, recording answers on flip charts and allowing personal responses on comment sheets. The topics were: • Station 1 - Regional Vision • Station 2 - Neighborhood Vision • Station 3 - Tinker Creek Greenway (only at Greenfield, Mountain View, and Vinton meetings) • Station 4 - Operations and Management Input from these stations is summarized in Section 3.2. Complete flip chart notes from these meetings and all comment sheets are recorded in Appendix C. 3.1.2. On-line Survey An on -line survey was available from February 27th to April 17th of 2017. This survey contained 27 questions on a variety of topics, from personal use patterns to regional connectivity goals. The survey received 542 responses. The questions and a summary of responses for each question are included in Appendix B. 3.1.3. Meetings with Staff and Officials Staff from multiple departments and agencies were consulted via transportation meetings, management meetings, Greenway Commission meetings, locality greenway team meetings, and individual conversations. This feedback provided data for the Plan, as well as perspective on management issues. 3.1.4. Public Review of Draft Plan A draft greenway plan was presented to the public on April 19, 2018 at the Berglund Center, At this open house meeting, organized again at four stations, staff discussed the plan and answered questions, Comments and reactions from the 108 attendees were recorded on flip charts, as well as individual Citizens provide public input on the regional vision at the Greenfield meeting 2018 Roanoke Valley Greenway Plan Page 21 comment sheets. These comments, as well as on -line responses and email input received by May 4, were incorporated into revisions to this 2018 Plan and are shown in Appendix D. The 2018 Plan was approved by the Greenway Commission on June 27, 2018 and was forwarded to the five localities for review and action. 5.2. PUBLIC INPUT AND Discussm The structure of the community meetings with four stations framed the discussion at the meetings and organized the public input. This input and the Greenway Commission response to it is summarized below. 3.2.1. Regional Vision The 2007 Plan prioritized individual greenways into four categories and focused work on Roanoke River Greenway as Priority #1. Many miles of greenways and trails in all priority levels have been built since that plan. In order to capture public satisfaction with the vision of the 2007 Plan, people were asked to reassess the network, verbalize their vision, and propose changes if needed. At the Regional Vision stations, attendees were asked to use stars and dots to mark on a map what they thought were key destinations and priority greenway routes. The cumulative results of this activity are shown in Figure 3 -1: Destinations and Priorities Identified by the Public (p.23). The destinations with the most votes were Carvins Cove, Explore Park, and Smith Mountain Lake (which is outside the Greenway Commission service area). Other destinations were widely spread across the region and seem to reflect the public's desire to use greenways for transportation. Connectivity was a recurring theme as part of the regional vision. People want greenways, particularly Roanoke River Greenway, to be completed in order to provide a continuous route. Where a greenway is not completed, they want an on -road accommodation to reach the next section safely. They also want to be able to access the greenways by foot or bicycle, rather than having to drive to trailheads. Additional themes from public responses include the importance of greenways for transportation, connections to work and businesses, tourism, and access to nature. Attendees at Greenfield and Mountain View meetings particularly recognized the challenge of strategically envisioning Botetourt's new system and connections, but also preferred using public land or on -road routes, as opposed to private lands, for development of routes. Completion of the greenway network adopted in 2007 was a key priority identified in all community meetings. In particular, respondents want to finish the backbone of the greenway network, Roanoke River Greenway, and the north -south connections to Carvins Cove and the Blue Ridge Parkway. Responses from both the public input meetings and the survey identified Tinker Creek Greenway as the next regional priority. Tinker Creek Greenway is the route which could most easily extend from the Roanoke Valley into Botetourt County and, as a north -south corridor, it extends through four of the five member localities, just as Roanoke River Greenway does from west to east. The vision of having a greenway network that provides a trunkline route from west to east and arterials north to south is adopted in this 2018 Plan, as articulated in Section 1.4. 3.2.2. Neighborhood Vision At each community meeting and during the survey process citizens responded with their own neighborhood in mind. Some citizens look to greenways to protect their neighborhood from development, a concept voiced by many at the Fishbum Elementary School meeting where residents were concerned about the impact of development of the Shenandoah Life property on Murray Run Greenway and on their own residences. Others are most concerned about reaching the greenways safely by foot or bicycle; 41% of respondents to the survey said they could not. Neighborhood destinations include schools, residential neighborhoods, parks, libraries and local stores. In neighborhoods that are densely developed, it is not possible to put off -road paths to every destination. Connectivity recommendations such as sidewalks and on -road bicycle accommodations were proposed as an alternative solution; these are further discussed in Chapter 5: Regional Transportation Connections. These recommendations could improve the utility of the greenway network as a web of transportation corridors connecting communities across the Roanoke Valley, as well as improve access to recreational opportunities such as mountain bike trails, hiking trails, and regional blueways. Page 22 2018 Roanoke Valley Greenway Plan Public Input Destinations and Priorities igoio«A� �•�«� 0 '7 'i"17 van taft"M 0— C r a i g 101'10 County Pubic Input Ptlmties ��•± ` •.' (''___,/ Botetourt County ]I A 1.4 T•vs ` Bedford County o a n a Ctounty' Franklin County Figure 3 -1 Destinations and Priorities Identified by the Public 3.2.3. Tinker Creek Greenway Studies of the Tinker Creek corridor began in FY 16, separately from the update to the Greenway Plan. The Tinker Creek Greenway Connectivity Study was supported by the Rivers, Trails, and Conservation Assistance (RTCA) Program of the National Park Service, Ursula Lemanski, RTCA Virginia Projects Manager, was an integral part of coordinating a Tinker Creek Greenway Steering Committee and writing the Conceptual Plan. As these two planning efforts approached the point where public input was needed, staff realized that it would be more efficient to seek that input simultaneously with the Greenway Plan, Thus, at the community meetings near Tinker Creek— Greenfield, Mountain View and Vinton War Memorial — there was a Tinker Creek Greenway Station to obtain feedback on routing options, While there were many neighbors who did not want the greenway on their property, Tinker Creek Greenway was a very important piece of the network for many people and was strongly 2018 Roanoke Valley Greenway Plan Page 23 supported as the most logical route to Botetourt County and as the next priority. The Tinker Creek Greenway Conceptual Plan is included in this document as Appendix E. It documents the planning process, alternatives, and evaluation of the location options, 3.2.4. Operations and Management The Operations and Management station was part of all six community meetings, and issues with maintenance and amenities were the focus of five survey questions. In addition, staff had a focus group meeting with maintenance personnel. Generally, comments ran along the broad topics of user conflicts, amenity improvements, damage to facilities, wayfinding, and funding. These issues are discussed further in Section 3.3. 3.3. Key Issues AND RECOMMENDATIONS The 2007 Plan addressed 14 issues and made recommendations for improvements. Many of those recommendations have been implemented, but the issues persist and require on -going attention. This 2018 Plan addresses issues most frequently mentioned, but the discussion in the 2007 Plan is still valid. 3.3.1. Priorities Regional priorities help leverage resources and funding to complete routes that connect all localities. Since 2007 Roanoke River Greenway has been the flagship greenway - the longest, most popular and most used greenway in the Roanoke Valley, Citizen response demonstrates a firm commitment to completing this greenway and to ensuring it is maintained as the heart of the regional greenway network. Current timelines show Roanoke River Greenway could be completed from Green Hill Park to Explore Park by 2023. There is strong community support for Tinker Creek Greenway to become the next regional priority greenway. This north to south route will connect Botetourt County, Roanoke County, Roanoke City, and the Town of Vinton. This 2018 Plan recognizes that there are many projects underway, based on the resources and opportunities for development. On any given greenway corridor, which can be many miles long, the priority can vary depending on the proximity to the urbanized area and locality resources. In Chapter 4 the greenway routes have been sorted into five categories, reflecting their status and progress. 3.3.2. Connectivity The theme of connectivity had several components: one was finishing specific greenways so that they provide continuous routes, another was connecting communities by providing facilities between greenways for safe bicycle and pedestrian travel and between neighborhoods and the greenways, and a third was connecting the region to other regions. The progress on specific greenways is detailed in Chapter 4, with additions to some greenways to provide connections to other routes. Chapter 5 was developed to address the issue of connectivity between greenways, neighborhoods, and communities via sidewalks, bike lanes, and other on -road accommodations. 3.3.3. Signage, Wayfinding, and Web Information The theme of signage and information was heard frequently in 2007. Since then, the localities, Greenway Commission, and partners such as Roanoke Kiwanis Club have made significant efforts to install kiosks with maps and rules, identification signs, entrance signs with addresses, rules signs, mile markers, etiquette reminders, on -road directional signs, and interpretive signs. Still, the public regularly mentioned signage on the greenway, the need for improvements to both wayfinding and educational signage, and the need to simplify rules and improve etiquette. The need for wayfinding signage varies depending on the complexity of intersections and was mentioned often for Lick Run Greenway and the on -road section of Roanoke River Greenway around Golden Park, connecting to Tinker Creek Greenway, Signage regarding etiquette and mile markers are lacking on some greenways, few bridges over the greenways are labeled, and seldom is there information on how to connect to roads, parking, bicycle infrastructure, or other greenway segments. Consistency across jurisdictions was a repeated concern. While signage on the greenways has improved, the general public has become more and more dependent on phones and the internet for wayfinding, Roanoke Outside has developed a significant website with maps and trail Page 24 2018 Roanoke Valley Greenway Plan information. Mapping tools change constantly, and it is a challenge to keep web maps current and applications up -to- date. Pathfinders for Greenways initially developed the greenway website with volunteers, but neither they nor the Greenway Commission have had the resources to address social media trends and the demand for on -line information. Web maintenance and upkeep, calendars of events on greenways, notice about weather related closures and conditions, and interactive mapping are demands that have grown significantly since 2007. 3.3.4. User Conflicts As use of Roanoke River Greenway has increased, conflicts between users has become a significant concern. Pedestrians complain about the speed of bicyclists, and bicyclists complain that pedestrians are unpredictable and take up the whole trail. Several injuries and even a lawsuit have occurred. Pets are also a significant source of fl' i t I h i m act bic cle safet Concerns s con , as eas es p y y, about pet waste cleanup and water quality have led to installation of numerous Mutt-Mitt stations. User conflicts and fear of being hit by a bicycle are most common in the City of Roanoke, where the greenway is longer, but conflicts also occur in Salem, where sunbathers on the trail obstruct users and where fishermen may cast too close to the greenway. The Greenway Ambassador Program was started to encourage common courtesy and etiquette along the greenways, in hopes of improving behavior and reducing interactions. Ambassadors patrol in official vests, talk to other users, and report maintenance issues to staff. Other proposed solutions to user conflicts include; centerlines, wider greenways, separate pedestrian and bicycle lanes, speed limit signs, and speed limit enforcement. The public feels that connecting the greenway network more thoroughly to bike lanes and other greenways could take pressure off popular stretches by dispersing traffic. Marketing and education are important factors for letting people know about other trails and appropriate greenway etiquette. 3.3.5. Event Management The greenways have become a popular place for fund raising events such as races, weekly pub runs, church services, reunions, and informal outings such as bike rides for Scouts and other groups. The City of Roanoke now regulates events charging for the use and limiting The Greenway Planning, Standards and Safety Committee initially recommended the incorporation of street addresses into greenway identification signs, especially at trailheads and parking areas. These addresses serve an important function as a safety measure, allowing quick response for emergency calls, and as a wayfinding measure for those navigating with a phone or other mapping device. Additionally, wayfinding signage can direct users of all transportation modes on how to reach the greenway and can assist users in reaching other greenways in the network once on a particular route. the number of closures of the greenways. The City of Salem does not allow races on the trails. Other jurisdictions are still developing policies. Management of group use is an on -going concern, as individuals and groups vie for space for their activities. 3.3.6. Amenities The array of amenities along the greenways has increased significantly since 2007. Benches, water fountains, wildflower gardens, art sculptures, and bike racks are prevalent. Bathrooms are the resource in most demand. Some bathrooms have been retrofitted for year round use, and port -a -johns are available when budgets allow. Donations and volunteer help for installation of smaller items like benches and kiosks are easier to obtain than funding for long term maintenance and replacement. 2018 Roanoke Valley Greenway Plan Page 25 3.3.7. New Equipment New equipment is constantly being developed and often shows up on the greenways. The most recent are motorized skateboards and E- bikes, bicycles with an electric battery to assist the cyclist in climbing hills. Motorized vehicles are prohibited on the greenways, unless for ADA purposes. Those purchasing this equipment may not realize it is not allowed. Big wheels, tricycles, skateboards, and even electric wheelchairs can be problematic if not used responsibly. There is increasing demand for cell reception, chargers for electric wheelchairs, and webcams to provide reports on flooding. Each new item will require consideration, decisions by staff, and possibly ordinances. 3.3.8. Staff Challenges While the Greenway Commission itself is responsible for planning, securing grant funding, and working with the public, as well as identifying future projects and helping to see that those projects are built, the Commission is not currently involved in management. Thls is handled by the member localities. Each member locality has different procedures, organizational challenges, and statutes that can directly affect user experience on the greenway network. Greenways are popular facilities and staff in all the localities have been proud to keep them well maintained. Staff are challenged by: Funding: Greenway construction across the region is being funded largely with state and federal grants, matched by local capital monies and in -kind labor. Budgets for managing departments do not always grow as the network grows. This means that management must be increasingly inventive in how they approach maintenance. Landscaping: Landscaping methods have shifted due to a variety of factors, including funding and stormwater control. Maintaining flowerbeds and mowing regularly require staff resources that are often not available. There are benefits to allowing forested or native grass landscaping to occur: it is lower maintenance and reduces runoff into streams and rivers often running parallel to greenways. However, the public may not be aware of these water quality benefits and may demand a maintenance level that is not affordable or environmentally friendly The greenway system has many environmental benefits to the Roanoke Valley. These can be increased by partnering between departments which manage the greenways and Stormwater agencies. Some examples of existing partnerships include Mutt Mitt stations for reducing pet waste that could run off into nearby rivers and streams, and planting riparian buffers to improve water quality. Educating the public about the broader environmental benefits of riparian buffers may reduce demand for mowing and more maintenance intensive landscaping, Flooding: Two types of flooding were discussed as challenges for greenway maintenance. The first was flooding due to rising rivers and streams, which can block trails, leave mud and trash, and sometimes destroy bridges and fencing. Staff are challenged to get the greenways cleared after these events. The second kind of flooding is due to extreme storm events, particularly on unpaved trails, causing water to stream down the trail and wash out gravel or other trail structure, Repairs are often costly and may only hold until the next storm event. Both of these types of flooding came up during public input meetings, as well as staff session, specifically in regards to Roanoke River Greenway and Wolf Creek Greenway, respectively. Maintaining Amenities: Staff expressed concerns with the cost of maintaining amenities such as trashcans and bathrooms, which are often requested by the public. Costs include staff time, repairs, and regular upkeep, While amenities such as benches are added incrementally after a greenway is installed, funding for maintenance and replacement seldom grows. Page 26 2018 Roanoke Valley Greenway Plan Vandalism: Like all public spaces, greenways have vandalism. Potential solutions to prevent or avoid vandalism include solar lights, greater police presence, proactive landscaping decisions that improve sightlines, installation of cameras, and increased volunteer presence, such as the Greenway Ambassadors. Securino Good Design: Lastly, management staff pointed out that many problems can be ameliorated via good design, but maintenance staff are not always involved in the design phase. Also, the funding source may dictate the standards used for construction. 5.4. OTHER TAKPAwAYs One of the most important takeaways from this section is the need for locality staff to work together across jurisdictions in order to support one another and to coordinate across departments within each locality. Greater coordination can provide several important outcomes, including increasing the uniformity of experience for greenway users throughout the system; maximizing the utility of infrastructure additions such as bathrooms and water fountains; and trading knowledge and best practices. Some of the best practices for area localities have been included in this chapter for reference, but the practice of greenway maintenance is constantly evolving. New challenges will require new solutions, and sharing those solutions will be helpful. It is important to recognize some of the funding issues which will continue to exist and begin thinking about the Greenway Commission's role in exploring new funding sources. Grants have been a primary source of funding for the greenway system, but grant funding is often only available for projects which design or build new parts of the network, and, more rarely, for large repair projects. Maintenance funding and funding for staff positions continues to be a challenge for localities. Funding for amenity improvements requested by the public, such as bathrooms, lighting, edible landscapes, and trash cans, should be prioritized along with funding for staff support to maintain these new amenities. Lastly, partnerships with the community are an important element of continuing to fund and improve the greenway network, There are numerous ways of fostering a sense of community along the greenway, Signage to educate people on protocol for interacting with other users, information on upcoming events and programs which use the greenway, and partnerships with public and private entities can all help to improve the utility of the greenway corridors and satisfaction of users. Some examples include erecting kiosks with information about stormwater management, using yield signs to encourage etiquette and sharing, or developing commemorative plates to thank citizens and organizations who have shaped the greenway system. Many, many groups use the greenways, and it is important to work with these groups to encourage ownership, love and care for the facilities. Commemorative trees and benches are a way that citizens feel connected to the greenways. 2018 Roanoke Valley Greenway Plan Page 27 Page intentionally left blank. Page 28 2018 Roanoke Valley Greenway Plan 4. GREENWAY NETWORK 40. PRIORITIZATION OF GRE'ENWAYs The 1995 Plan recommended 51 greenway routes with each route labeled as either on -road or off -road on a map. The 2007 Plan focused on the off -road routes (35) and endorsed the 2005 Bikeway Plan and 2012 Update for on- road routes. In response to public and staff input, this 2018 Plan includes off -road routes and important on -road connectors. The 2018 Plan groups routes based on their role in the greenway network and their progress to date. On any given greenway, localities will be at different stages depending on the proximity to urban areas, opportunity for coordination with other developments, funding, availability of rights -of -way, and total workload. Roanoke River will be in Category 1 and is the primary greenway corridor, the region's #1 priority since 2007. Category 2 routes are those hard surfaced greenways that are underway and that provide arterial north -south corridors, most connecting to Roanoke River Greenway. Category 3 routes are those greenways and trails that are most important to the region, provide destinations for users, or are funded /underway within a locality. Category 4 is routes with no resources at this time in terms of land or funding. Category 5 includes routes that are largely complete and clusters of trails and destinations on other public lands that help provide connectivity for the greenway network. This 2018 Plan, like the 1995 Plan, lists on -road routes to provide connectivity, described in Chapter 5; it also recognizes the blueway corridors that were introduced in 2007 and have developed since then, complementing the greenway system. All greenways and trails discussed in this section are listed alphabetically. The number for each route is the number used on the Greenway Plan Map inside the back cover of this document; all routes and their numbers are shown in Table 4 -1. Category 1 Route: Map #40: Roanoke River Greenway The only greenway in this category is Roanoke River Greenway, the longest greenway in the regional network. Many sections of this paved greenway are built, and it is still the #1 priority, in order to focus efforts on finishing it. This east -west route has proven to be an invaluable community asset in terms of economic development, tourism, special events, recreation, health, and environmental education. Roanoke River Greenway is the backbone of the greenway network. Category 2 Routes: These are hard surfaced greenways which will run north and south from Roanoke River Greenway to the public lands surrounding the valley. Sections of each have been built, with some started and others extended over the last ten years. These routes provide the arterials, the major side corridors of the greenway network. The Category 2 routes are: • Map #18: Glade Creek Greenway • Map #22: Hanging Rock Battlefield Trail • Map #27: Lick Run Greenway • Map #29: Mason Creek Greenway • Map #43: Tinker Creek Greenway Category 3 Routes: These routes are either important to the region, destinations, funded or engineered within a locality, or progressing with significant planning and design. Some are partially, but not completely, built. They may also be trails on another agency's land, where a portion of the network is complete but additional connections are needed or planned. They can be hard surface or natural surface. Many are important for connection to the network, economic development and public health. 2018 Roanoke Valley Greenway Plan Page 29 The Category 3 Routes are: • Map #5: Blue Ridge Parkway Trails • Map #7: Carvins Cove Trail Network • Map 49: Catawba Greenway • Map #12: Daleville Greenway • Map #13: Eagle Rock Greenway • Map #14: Elizabeth Greenway • Map #15: Explore Park Trail Network • Map #16: Garden City Greenway • Map #19: Gladetown Trail • Map #24: Hinchee Trail • Map #34: Murray Run Greenway • Map #37: Poor Mountain Trails • Map #38: Read Mountain Greenway • Map #39: Read Mountain Trails • Map #44: Wolf Creek Greenway Category 4 Routes: These are other greenway projects to be addressed as opportunity and resources arise. They may be routes that localities are working on when possible or routes which have strong citizen support but no resources in terms of land or funding. The Category 4 Routes are: • Map #2: Back Creek Greenway • Map #3: Barnhardt Creek Greenway • Map #6: Carvin Creek Greenway • Map #8: Carvins Cove Connections • Map #11: Craig Creek Trail • Map #17: Gish Branch Greenway • Map #25: James River Greenway • Map #28: Long Ridge Trail • Map #30: Masons Cove Greenway • Map #33: Mudlick Creek Greenway • Map #35: National Forest Connections • Map #36: Perimeter Trail • Map #41: Roanoke River Greenway Extensions • Map #42: Spring Hollow Trails Category 5 Routes: These are existing trails and greenway projects that are substantially complete, given existing planning. They may be clusters of trails or destinations on public lands that help provide connectivity for the greenway network. While substantially complete, they will continue to require maintenance and may need improvements. The Category 5 Routes are: • Map #1: Appalachian Trail • Map #4: Birding and Wildlife Trail Sites • Map #10: City, County, and Town Park Trails • Map #20: Green Hill Park Trails • Map #21: Greenfield Trails Page 30 2018 Roanoke Valley Greenway Plan • Map #23:_ Havens Wildlife Management Area Trails • Map #26: Jefferson National Forest Trails • Map #31: Mill Mountain Greenway • Map #32: Mill Mountain Park Trails On -road Category: This 2018 Plan recognizes how important the on -road connections are for continuity in the system. Existing on -road routes, such as U.S. Bicycle Route 76 and bike lanes, are shown in Chapter 2, Table 2,4. Connectivity is discussed in more detail in Chapter 5 and suggested connections are shown on the Regional Connectivity Map, page 76. The On -Road developments suggested are: • Bike accommodations on arterials; • Infrastructure suggested in urban development area (UDA) plans and designated growth area (DGA) plans; • Neighborhood connections to Roanoke River Greenway and bike routes; and • Neighborhood sidewalks and greenway connections. Blueways: This 2018 Plan recognizes the blueway routes as important recreation opportunities that contribute significantly to the economic impact of the greenway and trail networks. The existing blueways — Upper James and Roanoke River — are discussed in Section 2.2.6. The potential blueway routes are: • Back Creek Blueway • Craig Creek Blueway • Jennings Creek Blueway • Mason Creek Blueway • Tinker Creek Blueway Blueways and Potential Blueways i:uucly �K Roanoke '. County �q ". Legend D" gnafed Blueways 124181 . Cotenhat future No » Blueways '; L-81ny Boundauea r� R[GKAV�tt D t5 3 6 8 R Mlea Figure 4 -1: Blueway Routes On the Greenway Network Map, Appendix H, included inside the back cover of this 2018 Plan, the greenway routes are listed and numbered in alphabetical order. Table 4 -1 (p.32) shows the numbering system, jurisdiction, and surface expected for each trail. 2018 Roanoke Valley Greenway Plan Page 31 Table 4-1: 2018 Roanoke Valley Greenway Network PROJECT NAME Plan # Localities Category Surface Appalachian Trail4 4 1 Roanoke and Botetourt Counties, City of Roanoke 5 C Back Creek Greenway Barnhardt Creek Greenway 2 Roanoke County_._ 4 4 5 B-C A-B-C A-B-C 3 Roanoke County, City of Roanoke Birding and Wildlife Trail Sites Blue Ridge Parkway Trails++ 5 Roanoke County, City of Roanoke 3 C Carvin Creek Greenway 6 Roanoke County 4 A-B-C Carvins Cove Trail Network 7 City of Roanoke 3 C Carvins Cove Connections 8 Roanoke and Botetourt Counties 4 B-C Catawba Greenway 9 Roanoke County 3 B-C City, County, and Town Park Trails 10 All 5 B-C Craig Creek Trail 11 Botetourt Count 4 B Daleville Greenwa 12 Botetourt County 3 A-B Eagle Rock Greenway 13 Botetourt County 3 B-C Elizabeth Greenwa 14 City of Salem 3 A-B Explore Park Trail Network 15 Roanoke County 3 B-C Garden City Greenway 16 City of Roanoke 3 A-B Gish Branch Greenwa 17 City of Salem 4 B-C Glade Creek Greenway 18 Town of Vinton, Roanoke County, City of Roanoke 2 A-B-C Gladetown Trail 19 Town of Vinton 3 C Green Hill Park Trails 20 Roanoke County 5 B-C Greenfield Trails 21 Botetourt County 5 B-C Hanging Rock Battlefield Trail 22 City of Salem, Roanoke__Pq 2 A-B Havens Wildlife _Man Management Area Trails+ 23 Roanoke County 5 C Hinchee Trail 24 Roanoke County 3 C James River Greenway 25 Botetourt County 4 B-C Jefferson National Forest Trails++ 26 Botetourt and Roanoke Counties 5 B-C Lick Run Greenway 27 City of Roanoke, Roanoke County 2 A Long Ridge Trail 28 Roanoke County 4 C Mason Creek Greenway 29 Roanoke County 2 B-C Masons Cove Greenway 30 City of Salem, Roanoke County 4 A-B Mill Mountain Greenway 31 City of Roanoke 5 A Mill Mountain Park Trails 32 City of Roanoke 5 C Mudlick Creek Greenway 33 Roanoke County, City of Roanoke 4 A-B Murray Run Greenway 34 City of Roanoke, Roanoke County 3 A-B-C National Forest Connections 35 Botetourt County 4 C Perimeter Trail 36 Roanoke & Botetourt Counties 4 C Poor Mountain Trails+ 37 Roanoke County 3 C Read Mountain Greenway 38 City of Roanoke, Roanoke County 3 A-B-C Read Mountain Trails 39 Roanoke and Botetourt Counties 3 C Roanoke River Greenway 40 Roanoke County, Cities of Roanoke and Salem 1 A Roanoke River Greenway Extensions 41 Franklin and Montgomery Counties 4 A-B-C Spring Hollow Trails 42 Roanoke County 4 C Tinker Creek Greenway 43 City of Roanoke, Roanoke and Botetourt Counties, Town of Vinton 2 A-B-C Wolf Creek Greenway 44 Town of Vinton, Roanoke County 3 B + State Jurisdiction ++Federal Jurisdiction Design guidelines in Appendix G. Surface A= Paved with asphalt or concrete Surface B= Crushed aggregate stone or wood chips Surface C= Natural surface, wood chips, or crushed stone Page 32 2018 Roanoke Valley Greenway Plan 4.2. 6momWAY ROUTES 4.2.1. Appalachian Trail, Map #1, Category 5 Description The Appalachian National Scenic Trail (AT) is a 2,174 -mile footpath from Katandin in Maine to Springer Mountain in northern Georgia. The AT provides the ultimate greenway on the northern edge of the Roanoke Valley, with 79 miles in Roanoke and Botetourt Counties. This trail is managed for foot travel only by the National Park Service, U.S. Forest Service /Jefferson National Forest, Appalachian Trail Conservancy (ATC), Roanoke Appalachian Trail Club (RATC), and Natural Bridge Appalachian Trail Club. Bicycles and horses are not allowed on the AT. Well known lookouts along this section of AT include Audie Murphy Memorial, Dragon's Tooth, McAfee Knob, Tinker Cliffs, Fullhart Knob, and Apple Orchard Mountain. Key access points with parking are located at: • VA 311 at Dragon's Tooth Trailhead, with access via Dragon's Tooth Trail (Roanoke County); • VA 311 at the top of Catawba Mountain (Roanoke County); • VA 779, Catawba Creek Road, with access via the Andy Layne Trail ( Botetourt County); • US 220 in Daleville at the park -n -ride ( Botetourt County); • US 11 near Troutvilie ( Botetourt County); and • Blue Ridge Parkway overlooks at Biackhorse Gap (Milepost 97.7), Taylor Mountain (MP 97), Montvale (MP 95.9), Harvey's Knob (MP 95.3), Bobblets Gap (MP 93), and Bearwallow Gap (MP 90,9) ( Botetourt County). There is also access to the AT via Sawmill Branch Trail within Carvins Cove Natural Reserve. Information on the AT is available from many sources, including the National Park Service, the Appalachian Trail Conservancy, and the Roanoke Appalachian Trail Club. Status In the last five years hiking use of the AT in this region has increased dramatically. McAfee Knob has become the iconic destination overlook, with hiking there on the "bucket list" for college students and tourists. McAfee Knob appears as background on billboards and websites and is now the Roanoke County logo. This increase in use has led to significant management issues, including overflowing parking lots, parking on the edge of roads, trail erosion and widening, trash, and frequent search and rescue calls. RATC and ATC have responded by adding port -a -johns at the McAfee parking lot, hiring ridgerunners, encouraging use of the McAfee fire road, and organizing a volunteer McAfee Knob Task Force to provide visitor information and education. There are several plans which propose new access connections to the AT Rocky Branch Trail as #36 from the boat landing to the AT near the powerline crossing. This 2018 Plan proposes two routes which would cross the AT — Tinker Creek Greenway (#43) crossing near the Tinker Creek bridge and #8, which would cross near Angel's Gap to provide a connection from Carvins Cove to Botetourt County. Permission for such crossings would require concurrence from various partners and National Park Service approval and environmental compliance. Challenges The congestion at the McAfee parking lot has led VDOT to increase safety signage, including rumble strips and flashing lights. VDOT has also received funding for FY 21 -23 to provide a bridge over Rt. 311 to reduce pedestrian crossings of the road. The crossings of US 220 near The Carvins Cove Trail Plan proposes Dragon's Tooth is one of the destination AT sites in this region. 2018 Roanoke Valley Greenway Plan Page 33 Daleville and of US 11 near Troutvilie are also a significant challenge and need safety improvements. Because the managing partner for this section of AT, the National Park Service, does not have a local office, much of the burden of this increase in use falls on the local partners, especially the volunteers of RATC. The Appalachian Trail Conservancy is assisting with funding for additional ridgerunner hours and has organized meetings for local, state, and federal staff with management roles. Roanoke County has increased its emergency services to the area and those volunteers have spent significant time exploring the most efficient rescue routes. VDOT has stepped forward with improvements and grants, More may be needed. An ever present challenge for the AT is growth and development within the viewshed or near the AT corridor. Botetourt County is encouraging economic development, and a 256 -unit apartment complex is being built next to the AT, This will undoubtedly increase use on that side of Tinker Mountain and increase maintenance needs, but could also bring new volunteers and supporters. Next Steps While the AT is a National Park, it is dependent on volunteers and the cooperative management system. ATC should continue to facilitate meetings among all the management partners and to explore management options. Resources from volunteers and governments will continue to be needed to protect this iconic resource. McAfee Knob is one of the most photographed points on the AT Page 34 2018 Roanoke Valley Greenway Plan 4.2.2. Back Creek Greenway, Map #2, Category 4 The 1995 Plan included a greenway route ( #45) along the entire length of Back Creek. Exploration of the corridor, setting of priorities, and recognition of the extensive acquisition that would be needed led to shortening the route in the 2007 Plan to the section from the headwaters to Merriman Park. Some improvements have been made in this corridor, but there is not yet a continuous greenway route. At the headwaters of Back Creek there are several public properties which might be linked by a greenway, including a well field site and Back Creek Elementary School. Downstream from Crystal Creek Road Roanoke County manages a large park complex including Darrell Shell and Starkey Parks, Merriman Soccer Complex, South County Library Wetland Trail, as well as Penn Forest Elementary and South County Library. At Darrell Shell there is a fitness loop around the ballfields, and the County has built sidewalks and pedestrian connections between the park facilities which could be linked together as part of Back Creek Greenway. There is a well -used bicycle access point from Merriman Soccer Complex to the Blue Ridge Parkway, which is proposed by the Parkway in its Trail Plan as an official connection of Parkway and greenway trails. South County Library Wetland Trail was built in 2015. Route 221 has been widened as far as Cotton Hill Road, and Cotton Hill has been widened to the Parkway. Bike lanes were not included, but a sidewalk for pedestrians and a wide shoulder for bicyclists were included on Cotton Hill, Route 221 is a critical road for bicyclists because it provides a section of so many loop rides, and Cotton Hill could provide access to the Blue Ridge Parkway. Citizens have encouraged Roanoke County to build a greenway on VDOT property in the area between Cotton Hill Road and the bridges downstream. The County has explored this option and reached out to VDOT about permits to do this. An agreement is possible, but at this time there are no financial resources for pursuing this trail. 4.2.3. Barnhardt Creek Greenway, Map #3, Category 4 Barnhardt Creek begins near state property on Long Ridge, parallels the end of Grandin Road Extension, winds through Hidden Valley Country Club and Middle School, and runs into Roanoke River at the Salem /City of Roanoke line. Within the City of Roanoke it is often called Craven Creek. While this route is difficult from a right -of -way standpoint and would require on- and off -road sections, it could provide linkages from suburban neighborhoods like Meadow Creek, Fairway Forest, Farmingdale, Medmont Lake, and Crestwood to Roanoke River and to Poor Mountain Preserve. The fifteenth anniversary of the greenway program in 2012 was a special year with nine greenway and trail bridges built by the localities and volunteers. 2018 Roanoke Valley Greenway Plan Page 35 4.2.4. Birding and Wildlife Trail Sites, Map #4, Category 3 The Virginia Department of Game and Inland Fisheries has developed a Birding and Wildlife Trail to celebrate the state's diverse habitat and bird watching opportunities. The Mountain Area guide includes two loops in the Roanoke Valley, the Star City Loop and the Roanoke Valley Loop, and three loops covering other sites in Botetourt County, the Alleghany Highlands Loop, Iron Ore Loop, and the Peaks of Otter Loop. The guide highlights parks, trails, greenways, and other sites where nature enthusiasts will have good opportunities for observing birds and wildlife and directs users on driving between these sites. While many of the individual sites are otherwise listed in this 2018 Plan with individual map numbers, the Birding and Wildlife Trail is included as a separate "greenway" to highlight its importance as a state network. Due to the number of sites, these are not marked on the Greenway Plan map. Sites currently listed in the five jurisdictions are: ° Table 4.2: Birding and Wildlife Trail Routes in the Region ___ Star City Loop Roanoke Valley Loop Alleghany Highlands Loo • • • • • • • • East Gate Park Masons Mill Park Thrasher Park Wolf Creek Greenway Explore Park Chestnut Ridge Trail Mill Mountain Park (including Star Trail) Roanoke Water Pollution Control Plant • • • • • • • Woodpecker Ridge Nature Center Carvins Cove Recreation Area - Boat Landing Whispering Pines Park Carvins Cove Recreation Area - Bennett Springs Havens Wildlife Management Area Hanging Rock Battlefield Trail Green Hill Park • Callie Furnace q.0 . Peaks of Otter Loo • Harveys Knob Overlook • Warbler Road w,.r.40r La a..o`.a.a Foe Iron Ore Loo Craig Creek Recreation Area • Tinker Creek Greenway Wasena Park and Roanoke River Greenway • • Moyer Sports Complex/ Roanoke River Greenway Poor Mountain Natural Area 6�v• • • • Rivers Edge Sports Complex Fishbum Park Garst Mill Park Greenway • • Preserve Happy Hollow Garden Bent Mountain Elementary School Birding and Wildl fe Trail ° w.,.,,ww. -wenw. TIFF %v FMYrOAtYW arw°.sior V�'I�MI11flIMl °Gp Fs`�M,r IOaV ur.,ar.b.a.. '� J bYlAh/8iw lawllmD J! r\i Apr.nOi~ F.w11FFw uoo Lwr- oo e.....F'NOnsel lagr q.0 . NjZf wwrar �. pswa,otew w,.r.40r La a..o`.a.a Foe cg 4 d$ f,\/ �rfV.FH0..r19lC wawq.Firn• -+tip ry �rmr.n�ow sr on �o �F.rrwwnr.F F.r 8 bna.�.. ry . �. .°..., �. o ° Fern Om.rYr o..w Lmp Gya.rM WtlooD G � '6 {io O ' r O q eq q a. C U n a+Ab o o o. ba ❑ °a c °l ° op�'� Figure 4 -2: Birding and Wildlife Trails in the Mountain Region of Virginia Virginia Birding and Wildlife Trail Guides are available from the Virginia Tourism Corporation at 1- 866- VABIRDS, 1- 866 - 822 -4737. Additional information and loops are available at Virginia Department of Game and Inland Fisheries. Page 36 2018 Roanoke Valley Greenway Plan 4.2.5. Blue Ridge Parkway Trails, Map # 5, Category 3 Description The Blue Ridge Parkway, a National Park, is a 469 -mile recreational motor road through Virginia and North Carolina connecting Shenandoah and Great Smoky Mountain National Parks. The Parkway is a popular on -road cycling route for recreational cyclists, in part due to its limited access and lower traffic levels when compared to most community streets and highways, The Parkway swings in and out of Botetourt County from Milepost (MP) 75 near Arnold Valley Overlook to MP 105 near US 460 and traverses southern Roanoke County from MP 105 to MP 136 near Adney Gap. The Parkway has several trail systems in the area: 1) the six -mile Chestnut Ridge Loop Trail around Roanoke Mountain Picnic Area, 2) the 13 -mile horse trail paralleling the Parkway from US 220 to Stewarts Knob, 3) the one - mile Roanoke River and Fisherman's trails from the overlook to the river, 4) the half mile Buck Mountain Trail from the parking area to an overlook, and 5) ten miles of hiking trail near the Peaks of Otter, including Harkening Hill, Fallingwater, and Flat Top Mountain Trails. None of these trails are open to bicycling. Between 1995 and 2018 the mileage of these trails has varied, as sections have been closed due to damage or insufficient maintenance. Status In 2001 the Greenway Commission and the Blue Ridge Parkway signed a General Agreement allowing the Commission to assist with trail planning, mapping, and rehabilitation of Parkway trails. This five -year agreement allowed the Commission to facilitate volunteer assistance in reconstructing and maintaining Parkway trails under the direction of Parkway staff. Work completed during that time included inventory and assessment of the Parkway trail system from MP 121 (US 220) to MP 110 (Stewart's Knob), development of a trail plan (January 2004) which recognized greenway connections at Mill Mountain, Roanoke River, and Wolf Creek Greenways, construction of a portion of Wolf Creek Greenway, and extensive trail rehabilitation on the Chestnut Ridge Loop Trail and horse trail, utilizing volunteers and a grant obtained by the Commission. In January 2006 the Parkway launched a new trail planning process, with a draft plan released in fall of 2011. In 2013 the Parkway completed its first General Management Plan, but the trail plan was not included. The same trail plan, with no changes in response to significant public and locality input, was released in fall of 2015 as the final Roanoke Valley/ Blue Ridge Parkway Trail Plan. The Plan Volunteers built over 200 steps to provide access from the recommended no mountain biking on Parkway trails, except Blue Ridge Parkway to the Roanoke River if developed as greenway routes on lands off Roanoke River Parkway. It proposed a new trail from Buck Mountain overlook to Back Creek Greenway, official connections at several access points, and a new trail on Stewart's Knob. Roanoke County has continued to work with Parkway staff to negotiate a crossing of the Parkway for Roanoke River Greenway. The crossing is proposed to be under the Parkway at Highland Road. In 2015 Pathfinders' Mid -Week Crew completed a rehabilitation of the Fisherman's Trail at Roanoke River Overlook, building 200 steps down to the river. Minimal funding was provided by Friends of the Rivers of Virginia, Friends of the Blue Ridge Parkway and Pathfinders. This improvement has led to significant increase in boating, as it is the only 2018 Roanoke Valley Greenway Plan Page 37 accessible launch below the dam and above the rapids. The Roanoke Chapter of Friends of the Blue Ridge Parkway has increased its efforts to pick up trash and maintain trails. Benefits The Parkway trails provide many loop connections between Roanoke Valley greenways. Completion of the Parkway system would greatly enhance the regional network. It would also give the Parkway trail attractions in the Roanoke area and much needed assistance with trail construction and maintenance. Challenges The Parkway is significantly underfunded and understaffed in Virginia, with planning staff located in Asheville, North Carolina; coordination often takes many months or years. In terms of trails, maintenance is challenging because the narrow corridor does not allow sustainable design. Also, to complete the Parkway trail system, a bridge across the Roanoke River for trail users is needed. Next Steps The Parkway is looking to volunteers or other organizations for completion of the trail work. No NPS funding is available for it at this time. Volunteers from Pathfinders for Greenways and the Roanoke Chapter of Friends of the Blue Ridge Parkway continue to work on rehabilitation and maintenance of the horse trail and Chestnut Ridge Trail. Roanoke County will continue its coordination efforts to get the Roanoke River Greenway built and the horse trail rehabilitated between Mill Mountain and Explore Park. The City of Roanoke will continue to work with the Parkway on alternative uses of Roanoke Mountain Picnic Area, Roanoke County and City should assist the Parkway with all connections allowed in the Parkway Trail Plan. 4.2.6. Carvin Creek Greenway, Map # 6, Category 4 The 1995 Plan included a greenway route ( #9) from Carvins Cove Reservoir to Tinker Creek. Exploration of the corridor, setting of priorities, and recognition of the extensive acquisition that would be needed led to shortening the corridor in 2007. There are two feasible sections. One is from Brookside Park to Tinker Creek. The second section is being incorporated as an option for Tinker Creek Greenway from LaMarre Drive through Hollins University campus to Carvins Cove. (See Appendix E.) The existing trail from Plantation Road to the boat dock at Carvins Cove could be renamed to be part of Carvin Creek Greenway, if Tinker Creek Greenway is developed on another route. Green ways and trails provide opportunity to enjoy the beauty of spring. Photo by David Lewis. Page 38 2018 Roanoke Valley Greenway Plan 4.2.7. Carvins Cove Trail Network, Map #7, Category 3 Description The Carvins Cove Natural Reserve is a 12,700 -acre municipal park protecting the watershed of Carvins Cove Reservoir. The Cove, which is owned and managed by the City of Roanoke, is located in Roanoke and Botetourt Counties, 7 miles from downtown Roanoke and 4 miles from Interstate 81. The reservoir is fed by springs and creeks within the Reserve as well as by tunnels from Catawba and Tinker Creeks. When the Western Virginia Water Authority (WVWA) was formed in 2004, the City gave the reservoir and lands below the 1,200 -foot contour to WVWA to be managed as one of the valley's major water sources. The remaining Reserve lands above 1,200' were retained by the City and are managed by the Parks and Recreation Department. Carvins Cove is the largest municipally owned park east of the Mississippi River and the second largest municipal park in the country. Carvins Cove Natural Reserve can be accessed from three public roads: • Reservoir Road near Hollins, known as "the boat landing" • Carvins Cove Road, Route 740 off of Route 311, known as "Bennett Springs" • Timberview Road At the Reservoir Road entrance there is a large parking lot, picnic area, fishing pier, restrooms, boat launch, trails, and office. On Carvins Cove Road there is a parking lot, restroom and traiihead located a mile from the Bennett Springs gate. At Timberview Road there is a small parking lot and trailhead. Status In 2007 Roanoke Parks and Recreation Department developed a Carvins Cove Natural Reserve Park Management Plan. Subsequently, the City granted a Volunteers admire the rock they split to make a trail feature. conservation easement to Virginia Outdoors Foundation to protect the lands above 1200'. The Management Plan recognized the need for a trail plan, and in 2009 the Department initiated this planning. The effort was led by the Greenway Coordinator, with significant volunteer help for trail assessments. In 2010 the Carvins Cove Trail Management Plan was approved by Council, documenting 46 miles of trails, the trail termini, degree of difficulty, trail conditions, maintenance needs, and access needs. The plan outlined proposed trail closures, proposed new trails, procedures for approval, and priorities. This plan started a new era in management of Carvins Cove for recreational use and gave both staff and volunteers direction on trail standards, signage, events, and improvements. Volunteers continued to build new trails, now that there was a method for approval and plan for locations. In 2012 volunteers and Roanoke County completed the first linkage from the greenways to the Cove with the construction of Tinker Creek Greenway from Hollins University to the boat landing. In 2013 the City hired a trail specialist to take on many of the tasks previously done by volunteers, becoming the volunteer coordinator and trail manager. Gradually, this has led to improvement in maintenance of trails, roads, and ditches and in signage, information, and amenities like a bathroom at Bennett Springs. It has also allowed multiple volunteer groups to build trail, thus leading to diversity in trail types. There are now 56 miles of trail at the Cove, most of them open to hikers, mountain bikers, and equestrians. The trails and allowed uses are shown on the map in Figure 4.3 (p.41). This 2018 Plan incorporates the entire Carvins Cove 2018 Roanoke Valley Greenway Plan Page 39 trail network into the greenway system and recognizes this area as a destination site attracting users from all over the East Coast. Benefits The Carvins Cove trail network provides a premier natural area that serves as a destination site for greenway users, as well as for tourists of all trail persuasions. Completion of additional greenway connections to the Cove, such as the Hinchee Trail described in Section 4.2.24, will allow local users to ride to the Cove and will enhance connectivity to other parks and public lands. The Cove has the potential to become a national destination for naturalists, mountain bikers, hikers, and equestrians. The region recently received designation as the first silver level IMBA Ride Center in the east, and this is only possible because of the extensive network at the Cove. Challenges Currently, Carvins Cove is in a pristine state with a large system of multi -use trails cared for by dedicated volunteers under the supervision of one staff person. Land use fees are collected by WVWA, but this funding is not available to the Parks Department. WVWA does use these fees to pay for Carvins Cove offers equestrians many miles of trail riding. patrols and to make improvements at the boat landing such as a handicapped accessible fishing pier and bathroom renovations. As visitation continues to increase and Carvins Cove becomes more and more a destination site, additional resources will be needed to ensure long -term sustainability of the trails and natural resources at the Cove. This large area has many miles of boundary, adjoining other public lands as well as private lands. There are instances of boundary encroachments, hunting, erection of tree stands, and riding of ATVs. Increased law enforcement presence, surveys when needed, and coordination with multiple agencies will be important to protection of this significant resource. Next Steps The City and the Water Authority should continue to coordinate on management of this asset and develop financial resources to maintain its watershed and recreational values. Roanoke County is coordinating with Pathfinders to provide an additional access to the Cove via the Hinchee Trail (Section 4.2.24). Additional information on Carvins Cove is available at the City of Roanoke and WVWA web sites. 4.2.8. Carvins Cove Connections, Map #8, Category 4 Increasingly, users want to be able to reach Carvins Cove without driving to a parking lot. This route recognizes the many requests to connect to the Cove. The routes developed will be dependent on available right -of -way and coordination with other management agencies. Page 40 2018 Roanoke Valley Greenway Plan LEGEND TRAIL IWOMMAT*N CNFFICULTV PAWING ELEV _7 RESIROOM E "OHOWS ri Nown V— Oak,* Th". 1aAP. Wo 100 WW*U MAr Y-M I.=9W�7=tm "OHIKERS APFALACKAN TRAIL EllGOAT LAUNCH PICNIC AREA • EASY ■ MORE DIFFICULT VE"DIFFICULT Y. (ku14 EXMpAtYD1FRCVL1 .1 W Iu . M"ETl 1^" P11,1401111 AHKNK W W 247 M- MVAN LAND iNOMOKW-) Of Carvins Cove Natural Reserve 14 0 M) M4, N J� ty 4.1 or rlouws L, PAIMM TOAMRMIN FARK*G r. M-7 Figure 4-3: Carvins Cove Trail Network: Map of Existing Trails 2018 Roanoke Valley Green way Plan Page 41 TRAIL "LES CNFFICULTV USAGE ELEV _7 E ROANOKU =dWm=1" WNW W." OW IppKP.q.Pw10b.AO01N1MW V— Oak,* Th". 1aAP. Wo 100 WW*U MAr Y-M I.=9W�7=tm MA. bb—', lot Figure 4-3: Carvins Cove Trail Network: Map of Existing Trails 2018 Roanoke Valley Green way Plan Page 41 TRAIL "LES CNFFICULTV USAGE ELEV _7 E MA. of" 1.4 Y. (ku14 JAM. .1 W V. pktk� 1^" 3" W W 247 M- WO. Oci 14441 - r5 6 A— _jy oil utl IWI. 0 S-Qp-3 1 'A m- W. Mo --L 0 A.-1 Is's M- Wk.. W.. 191 I, E.Il—ofl-It 0" M- Mo. —1 029 is b1 20S +mt ,0'+1 _ I4 M IOV�I 10 0 _w_ V. i7 Wn —1 i6— 16 H , 114 M- W. 191 Kw. of 7,— VM1.1 ois my MI. 177 -to uo2-Aw 0-9' M(,,lo adk- Mo. 2.0 '62 Mllfll 00(KM W. 55— C^ Op Mo. 5.onol 0,M III -TiT Mow_ 1 0.'0" mm 275 23 MAO R. DW4 091 Mow tin" Md. 14, 50 9-_— -% -V"--V6WW-- . Sw AI --Or, 1170 Mow (Okl'ok WA i pj FX. UWAO M1 H.- ------------- 1 0 Figure 4-3: Carvins Cove Trail Network: Map of Existing Trails 2018 Roanoke Valley Green way Plan Page 41 4.2.9. Catawba Greenway, Map # 9, Category 3 This greenway was added to the Greenway Plan in 2007 at the request of citizens, envisioned as a link between the Appalachian Trail, the National Forest, the Catawba community, and the Roanoke Valley greenway network. The greenway will have two sections, one tying from the AT south of Rt. 311 to Roanoke County's Catawba Community Center and the Virginia Tech Catawba Sustainability Center (CSC); the other section, in Phase 2, will start at a parking lot at CSC and climb the former Rt. 311 to a vantage point for bird watching, then climb up to the fire road to McAfee Knob. As plans have developed, the trail's role as a connection from the AT to the Catawba community has become increasingly important. Roanoke County and CSC have worked for many years to develop plans and permits for the trail and now plan to build a parking lot and bathroom to relieve congestion at the 311 parking lot. The sections close to the AT are on National Park Service land and require environmental compliance by them. Phase 1, the section south of Rt, 311, was approved in 2012 and built by volunteers in 2013. Roanoke County then built a bridge across Catawba Creek substantial enough to resist frequent flooding. When NPS compliance is finished, volunteers will build the trail from CSC to the fire road. The County is designing a parking lot and bathroom to serve trail users starting at CSC. The upper sections of this route will be hiker only because of the connection to the AT. The planned alignments of the different sections are shown in Figure 4 -4. "a wo It t A l .. Ow n� NM NIN All c :sa sau r� Catawba Greenway at the Catawba Sustainabli tyr Center Y r Blue Blaze Spurs to the Appalachian Trail DA* ZOWI,z Figure 4 -4: Catawba Greenway: Map of Existing and Proposed Sections Page 42 2018 Roanoke Valley Greenway Plan 4.2.10. City, County, and Town Park Traits, Map #10, Category 5 There are numerous trails within the jurisdictions that have been built as features within local and regional parks or business centers. The City of Roanoke and Roanoke County both have a Parks Master Plan that itemizes trails and trail needs. This item number encapsulates those trails that are not otherwise included in the greenway network. Some of these trails serve the local neighborhood, school or employees, some have become destinations, others are associated with a greenway, and others could be connected to the greenway network, becoming attractions along the way. The City of Roanoke has paved or natural surface trails in Countryside Park (part is Lick Run Greenway), Fallon Park (cyclocross course near Tinker Creek Greenway), Fern Park (connected to Mill Mountain Trails), Fishburn Park (connected to Murray Run Greenway), Highland Park, Jackson Park, Kennedy Park (near Lick Run Greenway), Lakewood Park (near Murray Run Greenway), Norwich Park (near Roanoke River Greenway), and Ridgewood Park. In Roanoke County there are trails in Darrell Shell Park, South County Library, Starkey Park and Merriman Soccer Complex (all associated with Back Creek Greenway and Blue Ridge Parkway trails); Happy Hollow Gardens (terminus of proposed Long Ridge Trail); Walrond Park; Oak Grove Park, Hollins Park, and Mount Pleasant (near Blue Ridge Parkway Trails). In the Town of Vinton there are trails in Vinton Business Center, and in the Town of Buchanan trails are used at the Town Park. In Botetourt County there are trails in Boxley Park and Blue Ridge Park. There is a high demand in the region for additional trails close to home, and future development could help strengthen communities by providing local recreation opportunities and neighborhood connections through parks to greenways. 4.2.11. Craig Creek Trail, Map #11, Category 4 This route is included because it was so frequently mentioned by the public. There is an abandoned C &O rail line from New Castle to Eagle Rock, largely owned by VDOT and the Jefferson National Forest. Fifteen miles of this 26- mile route are in Botetourt County; the remainder is in Craig County, which is not a member of the Greenway Commission. In 2000 -01 the Virginia Department of Conservation and Recreation (DCR) conducted a study of the potential of making this a rail - trail. There was vehement public objection, largely from residents of Craig County where many adjacent landowners were using the property as their own. Since then, Craig County has developed a trail on the rail bed from New Castle to Craig County Schools. In Botetourt County the rail bed is used in some locations for driveway access, but is largely open to the Forest Service Craig Creek Recreation Area. Botetourt County has acquired the rail property near Eagle Rock and is moving forward to develop a trail on it. 4.2.12. Daleville Greenway, Map #12, Category 3 Botetourt County is proposing a hard surfaced greenway trail in the greater Daleville area designed to accommodate pedestrians and bicyclists. The Botetourt Greenway Committee has studied the project's feasibility and conducted public outreach among area property owners to establish a viable route. Once built, the Daleville Greenway will connect various residential, recreational and commercial amenities. Among the proposed connections for the first phase are the Glebe Retirement Community, Daleville Town Center, and U.S. Bicycle Route 76. The Daleville Greenway could ultimately provide a connection from Greenfield to the proposed Tinker Creek Greenway extension coming out of the Roanoke Valley. 4.2.13. Eagle Rock Greenway, Map #13, Category 3 Botetourt County seeks to provide a hub for outdoor recreation and highlight the historic and natural resources of Eagle Rock by creating a future boat landing on the Upper James Water Trail, along with a small park and greenway connection to town. The proposed greenway connection follows the CSX Transportation main line, which runs between Railroad Avenue and the James River through Eagle Rock. The project area also includes a retired railroad bridge that crosses the James River. The bridge formerly served the C &O Railroad's Craig Valley Line. It had a county road cantilevered on the north side, and a pedestrian path cantilevered on the south side. Rehabilitation of this structure could provide future greenway access across the James to Craig Creek Road and the Craig Creek Trail, if developed. An engineering study was conducted in 2015 assessing challenges and opportunities of the area. 2018 Roanoke Valley Greenway Plan Page 43 4.2.14. Elizabeth Greenway, Map #14, Category 3 Most of the area within the triangle bordered by Texas Street, Lynchburg Turnpike, and Idaho Street has long been known as the Elizabeth Campus. in 1998 Salem rezoned portions of the property for commercial development. The Salem YMCA was built and numerous enterprises have been built within the Salem Commerce Park, Roanoke College still maintains its portion of the Elizabeth Campus, including buildings, soccer fields and tennis courts. This greenway will provide recreational use through the properties and will help connect downtown Salem to the Salem Civic Center. 4.2.15. Explore Park Trail Network, Map #15, Category 3 Explore Park is 1,100 acres of state owned land managed by the Virginia Recreational Facilities Authority (VRFA) and leased for 99 years to Roanoke County. The park includes many recreation opportunities like canoeing, fishing, picnicking, hiking, and mountain biking. Within the park are a Blue Ridge Parkway Visitor Center, the Brugh Tavern, Arthur Taubman Center, and a restored church which can be rented for special events. Access to the park is from Blue Ridge Parkway Milepost 115 via Roanoke River Parkway. Roanoke County completed the Explore Park Adventure Plan in 2016 to guide development of the park and expansion of recreation opportunities. Explore Park's trail system has several components, including 14 miles of mountain bike trails, hiking trails, and interpretive trails. Volunteers have provided assistance with construction and maintenance of these trails, as well as with those at Mayflower Hills Disc Golf Course, which opened in spring 2018. The County has a contract for design of Roanoke River Greenway to Explore Park and is seeking funding for sections through the park. Roanoke River Greenway will be a major non - motorized transportation corridor to and within the park. Development of Explore Park is underway, with camping opportunities anticipated by summer of 2018. Rutrough Point at Explore Park is a popular fishing area. Page 44 2018 Roanoke Valley Greenway Plan PARKING LOTS ■ Lot A - Visitor Center Parking ■ Lot B - Brugh Tavem Parking Lot C -Overflow Parking Lot D - Journeys End Parking ■ Lot E - Rutrough Point Boat Access HISMRIC AREA TRAILS Q Frontier Fort Trail .27 miles © Settlers Cabin Trail .is miles 0 Farmstead Loop .26 miles 0 Houtz Barn Trail .ta miles Q Grist Mill Way .iomiles d Journeys End Trail .n miles Q River Walk Link .10 miles TRAILS — Walking Trail acm Biking Trail viiiiiiiis Road Figure 4 -5: Explore Park Map of Existing Trails HISTORIC AREA BUILDINGS 13 Blue Ridge Parkway Visitor Center 11 Arthur Taubman Center Q Brugh Tavern (]i Mountain Union Church © Frontier Fort Q Settlers Cabin ja Kemp's ford School House © Loom House Q Hofauger Farmstead 0 Wray Barn © hioutz Barn 11 Journeys End © Blacksmith Shop © Slone's Grist Mill 2018 Roanoke Valley Greenway Plan Page 45 4.2.16. Garden City Greenway, Map 16, Category 3 The Garden City Greenway corridor follows Gamand Branch from the Roanoke River near the American Electric Power (AEP) substation to Garden City Recreation Center, with a potential connection to the Blue Ridge Parkway trails. Construction of this greenway was mentioned often by the public in development of the 2005 Garden City Neighborhood Plan. In 2014 Roanoke City received Safe Routes to School funding to begin the project, generally as an on -road widened sidewalk. When the roundabout at the intersection of Bennington St. and Rt. 116 was built, a path connecting from Garden City Boulevard to Roanoke River Greenway was included. In 2016 pedestrian crossings to the trail segment built with the roundabout and a bridge across Garnand Branch were installed at the Riverland Road /Garden City Boulevard stoplight; wide sidewalks were included when the corner property was developed. In January 2018 construction began on the lower off -road portion of the greenway, utilizing properties purchased with flood mitigation funds. This greenway is a major improvement to the pedestrian and bicycle facilities of this neighborhood and, when complete, can provide important connections from Roanoke River Greenway Garden city Greenway provides for safe travel through through the neighborhood to the trail networks of Mill neighborhood. Mountain Park and the Blue Ridge Parkway. the 4.2.17. Gish Branch Greenway, Map #17, Category 4 Gish Branch is a tributary of Mason Creek, and the corridor includes several historic structures related to the Valley Railroad. This greenway could link Salem neighborhoods to the Hanging Rock Battlefield Trail and the Exit 140 Park - n -Ride. 4.2.18. Glade Creek Greenway, Map #18, Category 2 Glade Creek is a tributary of Tinker Creek, with headwaters in eastern Roanoke and Botetourt Counties near US 460. The floodway for the creek is quite wide, and numerous homes in the Town of Vinton were lost during the flood of 1985. For many years corporate sponsor Orvis, Roanoke County, and other partners have worked on various ways to protect the creek from sedimentation and erosion and to improve fish habitat. In 2017 the Town completed construction of the first section of this greenway from Tinker Creek at Virginia Avenue to Walnut Avenue. The Town is designing the next section from Walnut to Gus Nicks Boulevard, through Gearhart Park, in 2018, with expected construction in 2018 -19, and is including the greenway in plans for redevelopment of Gish's Mill. From there the projected alignment along the creek will include a difficult crossing under a Norfolk and Southern trestle, where the greenway will enter Roanoke County's Vinyard Park. Beyond Vinyard Park the greenway could connect to developments in the City of Roanoke or to the Blue Ridge Parkway near Stewarts Knob. The portion in Vinyard Park is a priority for Roanoke County in its Parks master plan. The first section of Glade Creek Greenway was completed in 2017. Page 46 2018 Roanoke Valley Greenway Plan 4.2.19. Giadetown Trail, Map #19, Category 3 Gladetown Trail in Vinton was built by Pathfinders' volunteers in 2012 as a loop trail from the Craig Avenue Recreation Center around the stormwater management pond. The connection on to Niagara Road has been explored and is included in Vinton's Comprehensive Plan, with connections to the Tinker Creek canoe launch, developed in 2015, and to Wolf Creek Greenway. 4.2.20. Green Hill Park Trails, Map #20, Category 5 Green Hill is a 224 -acre Roanoke County Park located along the Roanoke River west of Salem. The park offers a range of festival events, sports, and recreation opportunities. It includes an equestrian facility with show rings, stables, and a hunt course. The Greenway Coordinator and Pathfinders' volunteers worked with Roanoke County in 2008 to develop a trail plan and build 1,9 miles of multi -use trails for hiking and mountain biking. These tie into the section of Roanoke River Greenway through the park, which opened in 2008. 0 0125 025 0 Figure 4 -6: Green Hill Park: Map of Roanoke River Greenway and Other Trails 2018 Roanoke Valley Greenway Plan Page 47 4.2.21. Greenfield Trails, Map #21, Category S Located north of the Daleville Town Center on US 220, Greenfield Park is a large recreational area that features the Sports Complex (a baseball /softball stadium), soccer fields, a disc golf course, a playground area, and county owned trails. The trail system weaves through the Botetourt Center at Greenfield, which is a business park that contains parking for trailheads. These trails were built and are maintained by the County and include the Cherry Blossom Trail, Holiday Boyer Trail, William Preston Trail, and Greenfield Recreation Trail. Some are handicapped accessible, cinder - surface trails; others are grass surface and open to cross country runners and equestrians, The large pond along the Cherry Blossom Trail and the diversity of vegetation and insects attract many species of birds and thus bird watchers, Bluebird boxes can also be found in the park, This Plan recommends that these trails be nominated for inclusion on the Virginia Birding and Wildlife Trail (4.2.4). In October 2017, a conceptual master plan for the Greenfield Historical Preservation Area was presented to the public. The area is located within the Botetourt Center at Greenfield, adjacent to existing trailhead parking and US 220. The concepts presented call for the expansion of the existing trail network with the addition of interpretive walking paths that would guide visitors through the history of the area and its inhabitants. In 2017 some of the recreational trails were temporarily closed during construction of new businesses. rigure 4- t: vreennero: map or i rans ar rsorerourr uenrer ano ureenrnea rarK Page 48 2018 Roanoke Valley Greenway Plan 4.2.22. Hanging Rock Battlefield Trail, Map #22, Category 2 Description Hanging Rock Battlefield Trail is the only existing rail -trail project in the Roanoke Valley. It is a portion of Mason Creek Greenway, 1.7 miles long, along a railbed donated by Norfolk and Southern. The project was initiated by the Hanging Rock Battlefield and Railway Preservation Foundation, supported by the City of Salem and Roanoke County. The railroad right -of -way was donated to the Foundation and then from it to the localities. Features include the Hanging Rock, Mason Creek, Buzzards Roost, and Route 311 scenic byway. This joint project between the City of Salem and Roanoke County opened in 1999. Facilities included a northern parking lot with historic information and exhibits, shared parking facilities at the Orange Market and at the southern terminus of the trail, numerous interpretive signs about the Battle of Hanging Rock and the railroad corridor, bike racks, a renovated trestle bridge, and wildflower plantings along the trail. Since the 2007 Plan, Roanoke County has completed the bridge across Mason Creek, wetland plantings, and a separate parking area at the Orange Market. The greenway is listed on Virginia's Civil War Trails map of the Shenandoah Valley and on the western Virginia Birding and Wildlife Trail Guide. Status Use of this greenway has increased steadily. In 2013 Parkway Brewing Company opened a facility next to the trail. Parkway's popularity has encouraged use of the trail, and Parkway has been a sponsor for many years of the annual fundraising race, Gallop for the Greenways. Salem has designed the extension of Hanging Rock from its southern terminus to East Main Street, with construction expected in 2019. At East Main the trail will connect to otl Greenway (See Figure 4 -10.). On the northern end, the trail will connect to the newly proposed Hinchee Trail, Section 4.2.24, to provide a direct link to Carvins Cove. Benefits This greenway has been an attraction for tourists, particularly those interested in the Civil War. The Civil War Roundtable at Virginia Tech often sponsors field trips to this site, which is the closest battlefield to Blacksburg. With easy access to Interstate 81, tourists may be introduced to the Valley's greenway network at this trail. Challenges The cinder surface of this trail is subject to erosion during heavy stormwater events. Because the facilities are almost 20 years old, the signs and bollards need maintenance or replacement. The surface itself needs more frequent rolling and compaction. There is an opportunity to expand interpretive facilities along the trail by renovation of the coal tipple, but it is not owned by the County and such a renovation is unfunded at this time. Next Steps Salem expects to begin construction of the extension to East Main Street in 2019. ~ pn.n.4c \ty \ Pain♦ a te. 419 1\ 51.. f1... ryew. qs ,a.arnsyray+rgwpw.ca�e�.wwy.+mn f. n ax..n • �affTU © iG.M i „.W 40 W Figure 4 -8: Hanging Rock Battlefield Trail Map 2018 Roanoke Valley Greenway Plan Page 49 4.2.23. Havens Wildlife Management Area Trails, Map #23, Category 5 Havens Wildlife Management Area (WMA), covering 7,100 acres, is located in northwest Roanoke County and managed by Virginia Department of Game and Inland Fisheries. Havens encompasses most of Fort Lewis Mountain and is generally steep and inaccessible terrain except to the hardiest hunter or nature enthusiast. Elevations range from 1,500 to 3,200 feet. In addition to hunting, Havens offers visitors the opportunity to hike, view wildlife and wild flowers, and pursue other outdoor interests. The WMA is an important connection between Carvins Cove and the western part of Roanoke County and its trails could be a component of the proposed Perimeter Trail (4,2.36). Havens has two primary public access points; • Carroll's Access Road from Wildwood Road; parking here is not always open. • Bradshaw Road, VA 622, where there is a small parking lot. In addition, there is access to the various communication towers on the mountain via Forest Acre Road, which is gated. Public access on this road would significantly increase the opportunities for use of these trails. Additional information is available from the Department of Game and Inland Fisheries. Figure 4 -9: Havens Wildlife Management Area Map Trail users have made unofficial maps to show trails at Havens WMA. Page 50 2018 Roanoke Valley Greenway Plan 4.2.24. Hinchee Trail, Map #24, Category 3 Planning for this trail began with the 2007 Plan and became more specific in the Trail Management Plan for Carvins Cove, approved by Roanoke City Council in 2010. This connection is described as "a major connector to the valley greenway network" and recognizes the opportunity to tie the Carvins Cove Trail Network to the Hanging Rock Battlefield Trail and thus the greenway network. Brushy Mountain Fire Road, an existing single lane, unsurfaced road with ditches, is this connection, running from Timberview Road at Hanging Rock to Happy Valley Trail at the Carvins Cove gate, a distance of over 12 miles. While ten miles of the road are on the City's Carvins Cove property, two miles have been in the Hinchee family for many decades. When the land passed to a younger generation through trusts, the owners approached the Greenway Coordinator with willingness to protect the land and allow the greenway linkage. In 2017 Pathfinders for Greenways purchased 35 acres and % interest in the 200 -acre property, with an agreement to donate it to Roanoke County in 2019. Survey and additional rights -of -way may be needed on the road. The The Hinchee store was a busy general store prior to construction property will be managed by Roanoke County Department of ofRt. 311. Parks, Recreation and Tourism. 4.2.25. James River Greenway, Map #25, Category 4 The James River has historically been a major transportation corridor and there have been many efforts to make the river completely navigable through addition of locks and other navigation aids. In 2009 the Virginia Department of Conservation and Recreation designated statewide trunk line trails, including a conceptual James River Heritage Trail that could basically parallel the Upper James River Water Trail. The Town of Buchanan is looking at options for initiating this greenway with a trail on park properties within the Town. 4.2.26. Jefferson National Forest Trails, Map #26, Category 5 The Jefferson National Forest includes 690,000 acres of woodlands between the James Virginia. It is managed by the U. S. Forest Service for multiple uses, including recreation, timber, wildlife, water, and minerals. The Jefferson is now administered jointly with the George Washington National Forest, which covers the Forest Service lands in the north western part of the state from the James River to the Potomac River. The U. S. Forest Service is one of the experts nationally in construction and management of natural surface trails for hiking, horseback riding, mountain biking, and other trail uses. The addition of Botetourt County to the Greenway Commission significantly increases the number of Forest Service Trails in the service area. Table 4 -3 provides information on the 139.8 miles of Forest Service trails in the jurisdictions which are members of the Greenway Commission. The National Forest provides existing trail destinations as well as important greenway connections for the Perimeter Trail, Appalachian Trail, and other trail loops. National Forest trails close to the Roanoke Valley include the North Mountain, Patterson Mountain, Arcadia/North Creek, and Glenwood Horse trails, Trails on the National Forest are under federal jurisdiction and management. River and southwest The National Forest has many miles of multi -use trails. 2018 Roanoke Valley Greenway Plan Page 51 Trail Name Segment County Forest Service Use Surface Mileage District Boy Scout Trail Dragons Tooth Trail to AT Roanoke Eastern Divide Hike C 0.5 Catawba Valley Trail Rt. 779 to North Mtn Trail Botetourt Eastern Divide Hike and Bike C 2.5 Craig Creek Campground Trail Trail around peninsula Botetourt Eastern Divide Hike and Bike C 2.0 Dragons Tooth Trail Rt. 311 parking to AT at saddle Roanoke Eastern Divide Hike C 1.2 Hoop Hole Trail Upper and Lower Loop Botetourt Eastern Divide Hike and Bike C 9.0 Iron Ore Trail Roaring Run to Hoop Hole Botetourt Eastern Divide Hike and Bike C 2.4 Kelly Trail Price Mtn Tr to FS 184 Botetourt Eastern Divide Hike, Bike, C 1.3 Horse Lee's Creek Horse Trail FS 5061 to Stone Coal Creek Rd. Botetourt Eastern Divide Hike, Bike, Horse C 2.8 North Mountain Trail Rt. 311 to Turkey Trail Roanoke Eastern Divide Hike and Bike C 6.5 North Mountain Trail Turkey Trail to Stone Coal Gap Botetourt Eastern Divide Hike and Bike C 63 Patterson Mountain Patterson Mountain Trail Botetourt Eastern Divide Hike, Bike, Horse C 6.0 Patterson Mountain Tucker, Helms Loop, Elmore Botetourt Eastern Divide Hike, Bike, Horse C 5.1 Price Mountain Rt. 606 to Patterson Creek Rd. Botetourt Eastern Divide Hike, Bike, Horse C 6.6 Roaring Run Trail Trailhead to falls Botetourt Eastern Divide Hike C 1.5 Sulphur Ridge Trail Rt. 606 to Price Mtn Trail Botetourt Eastern Divide Hike, Bike, Horse C 3.3 Apple Orchard Falls North Creek Rd. Trailhead to BR Botetourt Glenwood/ Pedlar Hike C 3.3 Parkway Buchanan Trail VA 43 to Cove Mtn. Trail Botetourt Glenwood/ Pedlar Hike and Bike C 2.5 Cornelius Creek Trail Appalachian Trail to North Creek Botetourt Glenwood/ Pedlar Hike C 2.9 Cornelius Creek Spur FS 812 to Cornelius Creek Trail Botetourt Glenwood/ Pedlar Hike C 2.8 Trail Cove Mountain Trail Rt. 622 to Glenwood Horse Trail Botetourt Glenwood/ Pedlar Hike and Bike C 1.5 Curry Creek Trail AT to Rt. 640 Botetourt Glenwood/ Pedlar Hike C 0.7 Glenwood Horse Trail Multiple Botetourt Glenwood/ Pedlar Hike, Bike, Horse B/C 29.2 Glenwood Horse Trail Multiple Botetourt Glenwood/ Pedlar Hike, Bike, B/C 7.7 Alternate Horse Hammond Hollow Trail AT to FS 634 Botetourt Glenwood/ Pedlar Hike C 1.8 Hike from FS 3004 to AT; Little Cove Trail AT to Rt. 614 Botetourt Glenwood/ Pedlar Hike and Bike C 2.8 from FS 3004 to 614 Salt Pond Road Curry Gap on BRP to Rt. 711 Botetourt Glenwood/ Pedlar Hike, Bike, Horse B 4.7 Spec Mines Trail BR Parkway to Glenwood Horse Botetourt Glenwood/ Pedlar Hike and Bike C 2.8 Trail Alt. Sprouts Run Solitude Road to FS 812 Botetourt Glenwood/ Pedlar Hike C 3.4 Whitetail Trail Long and short loos Botetourt Glenwood/ Pedlar Hike and Bike C 2.6 Wildcat Mountain Trail Loop in Cave Mtn. Lake Rec. Area Botetourt Glenwood/ Pedlar Hike and Bike C 4.0 Wilson Mountain Trail Rt. 622 to Skillern Mtn. Road Botetourt Glenwood/ Pedlar Hike and Bike C 3.6 Anthony Knob Trail Lollipop from Longdale Picnic Botetourt James River Hike, Bike, C 4.7 Area to Blue Suck Trail Horse Blue Suck Trail Longdale Furnace Picnic Area to Botetourt James River Hike, Bike, C 1.4 Anthony Knob Trail Horse B = Crushed aggregate stone or wood chips; Total 139.8 C= Natural surface, wood chips or grass Miles Page 52 2018 Roanoke Valley Greenway Plan 4.2.27. Lick Run Greenway, Map #27, Category 2 Description Lick Run is a tributary of Tinker Creek, starting in north Roanoke County and running to downtown Roanoke. The creek has water year round and is one of the major drainages in the valley, contributing to flooding downtown during heavy rains. The 1928 Comprehensive Plan for Roanoke depicted a green corridor along this creek, thus recognizing its importance to the green infrastructure of the valley. Lick Run Greenway provides a direct connection between downtown Roanoke and the Valley View business district. Status Construction of Lick Run Greenway from Valley View Extension to downtown was completed in phases 1999 and 2006. Within the downtown area, the original route was designed to go to the Visitor Center at 0 Link, but was later moved to take advantage of the Martin Luther King bridge. Now, with the completion of the Amtrak Platform, the downtown alignment is being returned to the original alignment, providing a connection to the Visitor Center, Hotel Roanoke, and the Market Street glass bridge with its popular view of the trains below. Planning for Lick Run Greenway sections beyond Valley View was completed in 2009, with the Lick Run Greenway Phase III Feasibility Study of routing options. In 2013 the Evans Spring Area Plan was completed, and residents insisted that the greenway be included in any new development near Fairland Lake. In 2014 a half mile section was built in conjunction with development of Countryside Park, as well as a one mile fitness trail. In 2016 a new bridge for the greenway was built over 1 -581 as part of the Valley View exit reconfiguration. In 2018 the greenway was provided a separated grade crossing at 10th Street as part of the reconstruction of the road. Amenities along the greenway include fitness stations, bike fix -it equipment, interpretive signs, and the bridge connecting to Norris Drive as a neighborhood connection. Benefits Lick Run Greenway is a crucial greenway in terms of transportation from downtown Roanoke to northern parts of the valley. It provides a free exercise and recreation facility in a section of the City which has historically been underserved. It also is important in terms of green infrastructure. Protection of riparian buffers along this perennial stream and its many tributaries such as Cedar Creek helps reduce runoff and thus flooding in downtown. The wooded linear trail linking multiple parks provides a beautiful setting with unusual habitat for an urban area. between Winston Lick Run Greenway provides a woodland trail that provides exceptional connections with nature.. When Valley View interchange over 1 -581 was rebuilt, a separate bridge was provided for Lick Run Greenway. Challenges The Feasibility Study for Phase III does define routing options as far as to Peters Creek Road. Northside High School, Green Ridge Recreation Center, Valley Pointe, the proposed Wood Haven Business Center, and Roanoke - Blacksburg Regional Airport are potential destinations for this greenway if it were extended, but no plans for these phases have been developed. There are unique opportunities for inclusion of the greenway during development of 2018 Roanoke Valley Greenway Plan Page 53 properties currently in open space and for modification of existing road spaces to include on -road connectors. There is also an opportunity to develop greenways on branches of Lick Run as part of stormwater management projects in downtown. Next Stews The City of Roanoke is exploring options for extending Lick Run from Countryside Park to Peters Creek Road near Northside High School. Roanoke County should develop a plan for the greenway from Peters Creek Road to Wood Haven Road and within the new business park, The City of Roanoke and Roanoke County should continue to take advantage of opportunities to provide on -road connections and to develop off -road sections in conjunction with other developments. 4.2.28. Long Ridge Trail, Map #28, Category 4 Long Ridge connects Poor Mountain Preserve, managed by the Virginia Division of Natural Heritage, to Happy Hollow Gardens, managed by Roanoke County as a park. The ridge is undeveloped at this time and provides a unique opportunity for a woodland trail connecting western Roanoke County to southwest County. 4.2.29. Mason Creek Greenway, Map #29, Category 2 Description Mason Creek begins in the Masons Cove area of Roanoke County and runs into the Roanoke River across from the Cook Drive Industrial Park in Salem. This watershed has significant drainage, providing brief paddling opportunities after substantial rains, Hanging Rock Battlefield Trail is a portion of Mason Creek Greenway. Upstream from Hanging Rock the greenway is in Roanoke County and could be extended to provide connections to Carvins Cove Road, Masons Cove, and thus over the mountain to Catawba Valley and Catawba Hospital. Downstream from Hanging Rock Trail, the creek is in Salem. It parallels Kessler Mill Road to Main Street, flows behind Lakeside Shopping center, under Rt. 419, past the General Electric plant and Burton Center for Arts and Technology, to Roanoke River near Apperson Drive. Status In 2004 this greenway was awarded funding through the Scenic Byway portion of the federal Omnibus bill. This funding was used in 2013 to build the first mile of the greenway near General Electric, from Roanoke Boulevard to Salem Turnpike. Additional funding has been obtained to provide the connection from Salem Turnpike to East Main Street, where it would tie to the extension of Hanging Rock Battlefield Trail. On the northern end of Hanging Rock Battlefield Trail, a half mile of Mason Creek has recently been purchased by Pathfinders for Greenways as part of the Hinchee Trail project (Section 4.4.24). The bridge across the creek on Dutch Oven Road has been closed by VDOT, making Dutch Oven a potential location for the greenway. Roanoke County completed an engineering study of the bridge to explore options for rehabilitation as a trail bridge. Beyond that bridge, there is some off -road VDOT right of way that was once Rt. 311. Benefits Completion of this greenway from Hanging Rock Battlefield Trail to Roanoke River Greenway will provide an important north - south connection from the river to Carvins Cove, Havens Wildlife Management Area, the Jefferson National Forest, the Appalachian Trail, and North County neighborhoods. There are numerous businesses and commercial areas along the route, and thus the greenway could be important for access to these employment areas, as a health and fitness facility for these businesses, and as a quality of life attraction that facilitates retention of a talented work force. Because of the linkage to Hanging Rock Battlefield Trail, this greenway has great potential Mason Creek Greenway is used daily by GE employees. Page 54 2018 Roanoke Valley Greenway Plan as a destination site for tourists, who might then bike or run on to Roanoke River Greenway. Challenaes Downstream from Roanoke Boulevard there are railroad crossings that could complicate an off -road alignment parallel to the creek. Other options might include an off -road route behind the Veterans Administration Hospital or an on- road route along the road to Peters Creek Extension, where sidewalks and a bike lane tie to Roanoke River Greenway. On the upstream section there is some right -of -way available, but not yet a continuous route. Next Stem The City of Salem should continue with construction of the section from East Main Street to Salem Turnpike and with construction of the Hanging Rock extension to East Main. Downstream from Roanoke Boulevard, Salem should continue exploring all routing options to provide a connection to Roanoke River Greenway. Hanging Rock is popular for running and walking because its cinder surface is softer than asphalt. Figure 4 -10: Mason Creek Greenway Phase Ill: Proposed linkages between existing sections of Hanging Rock Battlefield Trail and Mason Creek Greenway 2018 Roanoke Valley Greenway Plan Page 55 4.2.30. Masons Cove Greenway, Map #30, Category 4 The Masons Cove Greenway would connect Mason Creek Greenway to Catawba Greenway utilizing an old railroad bed. Bicyclists could use this route to get up the mountain and connect to Rt. 311 to reach U. S. Bicycle Route 76. 4.2.31. Mill Mountain Greenway, Map #31, Category 5 Description The Mill Mountain Greenway was selected in 1996 to be the Roanoke Valley's pilot project. The original plans envisioned the greenway connecting from the market downtown to Mill Mountain Park and out to Explore Park via the Blue Ridge Parkway. Later the project was limited to the route from the market to the Star and thus this greenway is considered complete. Status The City of Roanoke has built on and off -road sections of this greenway, as right of way has allowed. The greenway officially connects to Lick Run Greenway at "ground zero" by the Wells Fargo Tower; it then is on existing streets and sidewalks to Elmwood Park, where it is off -road; it parallels Williamson Road through the railroad district and crosses Walnut Avenue bridge on sidewalks. Originally the route followed the Roanoke River to Piedmont Park and came up Laurel Street, but, when that section of Roanoke River Greenway was built in 2007, Mill Mountain Greenway moved to a more direct route straight up Walnut Avenue. Bicyclists share the road, and pedestrians follow sidewalks and streets to reach the rugged terrain of Mill Mountain, following historic Prospect Road, the old road up the mountain. The greenway passes under the Mill Mountain Tollbooth and utilizes the unique switchback bridge. The greenway reaches the top of the mountain at the Discovery Center, where park pathways link to both the Mill Mountain Star and the trail system of the mountain. The greenway opened in 2003 in a joint dedication with the western phase of the Virginia Pathfinders for Greenways helped raise private funds for restoration of the Birding and Wildlife Trail. tog booth in 2010. Benefits This greenway provides an important connection from downtown to the northern section of the Riverside Centre for Research and Technology, Roanoke River Greenway, Mill Mountain Park and Star, and the Blue Ridge Parkway. Challenges Because of its urban location, wayfinding for this greenway, off -road and on -road, has been challenging. Clear signage for users, as well as for adjacent motorists, is important. Further wayfinding identification should be considered to create fluid connectivity between Mill Mountain and Lick Run Greenways, through downtown Roanoke, and up Mill Mountain. Additional and separated space for bicyclists in some on -road sections is desired. Next Steps The City Parks and Recreation Department will continue to coordinate with other departments and with Downtown Roanoke, Inc. for wayfinding improvements for both greenway users and vehicles wishing to reach Mill Mountain, When the renovation of the Virginian Station was funded, a bathroom for greenway users was included in the project; the City will encourage any operator to keep those restrooms open to the public during normal business hours. Also, improvements along Walnut Avenue to identify more space for greenway users would improve the connectivity of this route. Page 56 2018 Roanoke Valley Greenway Plan rage, Roe,urAe �� NeROre CeMei t za xt41 J, tRe7t` yy, c Of 3 j; Jwk"i Park :Y� v �r Park p ire a M�rrnrtean n, , , ,rear +'Aw9. - (F IWminOklde Palk tj o� Figure 4 -11: Mill Mountain Greenway Map, a connection from downtown to Mill Mountain Star 2018 Roanoke Valley Greenway Plan Page 57 s n Wiwrs Etlptl Bpons Cumpd�. WtlrRr r t'l i7dNJWtli .. ROAMAN OW! f7R11 . v� d9cawry Cwrr `c'G' %,aA sex fmW kbwrin tir „�' �t a� r ja7 1 Figure 4 -11: Mill Mountain Greenway Map, a connection from downtown to Mill Mountain Star 2018 Roanoke Valley Greenway Plan Page 57 4.2.32. Mill Mountain Park Trails, Map #32, Category 5 Description Mill Mountain Park is a 600 -acre park managed by Roanoke Parks and Recreation Department. It has historically attracted recreational use and many of the trails are shown on 50 -year old maps. Status In 2006 Roanoke City Council adopted the Mill Mountain Park Management Plan, developed by the Roanoke Parks and Recreation Department. This plan included the Mill Mountain Trails Plan, developed by Parks staff, Pathfinders for Greenways volunteers, and the Greenway Coordinator, The Trail Plan included inventory and assessment of all trails on the mountain, proposed trails for completion of a network, and management of trails in the park. A few trails on the mountain are open to hikers only, but most are available also for mountain biking and equestrian use. The trail network connects the park to Chestnut Ridge Loop Trail, managed by the Blue Ridge Parkway, to Fern Park and Piedmont Park, and to Riverland, South Roanoke, and Garden City neighborhoods. Pathfinders for Greenways helped build many of the trails in the Trail Plan and the trail specialist, hired in 2013, has recruited many additional volunteers. The trails proposed in the Trail Plan were all completed by 2015. New maps and kiosks were installed in 2017. The Mid -Week Crew of Pathfinders for Greenways has built many Users have requested additional trails. miles of trail on Mill Mountain. Benefits The Mill Mountain Park trails provide a wonderful, wooded network of natural surface trails within walking distance of numerous City neighborhoods. These trails also provide an attraction for tourists coming from the Blue Ridge Parkway. Challenges Park staff face the typical challenges of managing a wooded park and trail network in an urban area. These challenges include restricting illegal uses, such as all - terrain vehicles, camping, and fires, managing user conflicts, educating inexperienced users, managing resources such as control of invasive species, protecting resources like trees and wildlife, and maintaining facilities. Next Steps Neighborhood connections are needed from the Riverland Road Trailhead to Garden City Greenway and Roanoke River Greenway. Park staff should continue to work with volunteers on trail maintenance, construction and wayfinding. At this time no new natural surface trails are planned on Mill Mountain, but an update to the trail plan is scheduled for 2019. There are opportunities for development of trails nearby on the Roanoke River flood bench. Kiosks at trailheads provide maps and information about the Mill Mountain trails. Page 58 2018 Roanoke Valley Greenway Plan MILL MOUNTAIN PARK TRAIL MAP �i1MM �A prEtw�R Nd], IY.F i�Mi.'A4IIM YN.'I� MAlA xmtAW PA" c+ Figure 4 -12: Mill Mountain Park Trail Map R� k ROANOKE 2018 Roanoke Valley Greenway Plan Page 59 4.2.33. Mudlick Creek Greenway, Map #33, Category 4 Mudlick Creek flows through many neighborhoods in Roanoke County and the City of Roanoke, generally connecting Hidden Valley High School (HVHS), Garst Mill Park, and the Deyerle Road area. The creek is subject to flash flooding after hard rains, and in 2002 Roanoke County installed a stormwater detention pond as part of the High School construction. The first section of this greenway opened in Garst Mill Park in 1997, built in conjunction with a sewer line upgrade. The '/2 mile paved trail is heavily used by neighbors and by other park visitors. In addition to those exercising, frequent users include families with children learning to ride bikes, groups with wheelchairs and mobility impairments, neighbors walking dogs, and folks with mobility impairments. Since the trail was built, many amenities have been installed, including trees, benches made from recycled materials, pooper scooper bag dispensers, and memorials to Lee Eddy and Charlie Blankenship, early greenway supporters. Extension of the trail is challenging because of the proximity of residences to the creek itself, but several easements have been secured. In 1999 an easement for the greenway near Route 419 was secured as a proffer with the McVitty Forest development. An easement downstream from the park, parallel to Garst Mill Road, was secured in 1999, The greenway has been included in development plans for HVHS, McVitty Forest, and McVitty Road. Connections to Cave Spring Middle School and Penn Forest Elementary have also been proposed in conjunction with Merriman Road improvements. MUD LICK CREEK GREENWAY GARST MILL PARK In 2015 a bench was installed in Garst Mill Park in honor of Charlie Blankenship, one of the founders of the greenway program ^ W PMn. Y+ '�r 0 003 43 OTM Figure 4 -13: Mudlick Creek Greenway at Garst Mill Park Page 60 2018 Roanoke Valley Greenway Plan 4.2.34. Murray Run Greenway, Map #34, Category 3 Murray Run is a stream which starts near Green Valley School in Roanoke County, runs through a site known as the Old Jefferson Hills Golf Course, passes behind residential houses, and then enters Fishburn Park. From the park the stream goes under Brambleton Road, through a neighborhood, through Lakewood Park, behind more residences and then under Brandon Road to Roanoke River. In 1998 the Greater Raleigh Court Civic League adopted this project and developed a plan which combined three routes suggested in the 1995 Conceptual Greenway Plan. The greenway has been built in stages, with much of the work by Pathfinders for Greenways and corporate volunteers. The trail has a natural surface in wooded areas and a cinder surface across school and park fields, with a dramatic 80' curved bridge built by volunteers at Fishburn Park. The sections of the greenway which have been built connect six schools and three parks: Patrick Henry High School, Roanoke Valley Governor's School, Raleigh Court School, James Madison Middle School, Fishburn Park Elementary, Virginia Western Community College, Shrine Hill Park, Woodland Park, and Fishburn Park. Fishburn Park includes an additional mile of natural surface trails which are used in conjunction with Murray Run to form loops. Other facilities along the route include the Virginia Western Arboretum, Blue Ridge Public Broadcasting Station, and the Gator Aquatic Center. Murray Run Greenway is the City's most natural greenway corridor, connecting forest fragments and parks. Status Roanoke Parks and Recreation Department completed Murray Run Greenway Extension Feasibility Study in 2010 to explore alternatives to connect upstream to Roanoke County and downstream to Roanoke River Greenway. Support for the upstream portion was heard frequently at Roanoke County public input meetings for the 419 Town Center Plan. Concerns about development on the Shenandoah Life property were heard at greenway meetings in 2017. Next Steps An extension of the greenway is possible from Colonial Avenue to Ogden Road, Tanglewood Mall, and Green Valley Elementary School. On the other end a connection to the Mudlick Creek corridor is proposed along Grandin Road. In addition, there could be connections along Brandon Road or Brambleton Avenue. The City should develop safer bicyclelpedestrian connections on these roads, provide bike /ped signalization at stoplights, work with developers to incorporate trails, and obtain easements on the Old Jefferson Hills Golf Course Figure 4 -14: Murray Run Greenway and Fishburn Park Trails 2018 Roanoke Valley Greenway Plan Page 61 tf�dND � • �, , �. MURRAY RUN GREENWAY Figure 4 -14: Murray Run Greenway and Fishburn Park Trails 2018 Roanoke Valley Greenway Plan Page 61 4.2.35. National Forest Connections, Map # 35, Category 4 With the inclusion of Botetourt County, there are many miles of National Forest trails providing destination nodes for trail users. In most cases these trails are not accessible without a car, even if relatively close to communities. This route recognizes the need for such connections from communities such as Buchanan, Arcadia, Daleville, Cloverdale, and Eagle Rock. Any connections would require Forest Service approval contingent on assessment of location, environmental impacts, and sustainability. 4.2.36. Perimeter Trail, Map # 36, Category 4 The Perimeter Trail will be a multi -use trail, on and off -road, circling the Roanoke Valley and connecting existing public lands. Existing trail networks to be connected include Carvins Cove, Havens Wildlife Management Area, Green Hill Park, Spring Hollow, the Blue Ridge Parkway, Explore Park, and the Jefferson National Forest. This greenway would provide a long distance trail for hikers, equestrians, and mountain bikers. 4.2.37. Poor Mountain Trails, Map #37, Category 3 Poor Mountain Preserve is a 933 -acre site managed by the Virginia Division of Natural Heritage (Department of Conservation and Recreation) to protect the world's largest population of the globally rare piratebush. This shrub is dependent on the opportunity to entwine its roots with those of Table Mountain pine or hemlock. A small parking lot provides access from Twelve O'clock Knob Road. Pathfinders' Mid -Week Crew has assisted the Division by building the Piratebush Loop, Overlook and Canyon Trails, with the Cascade Trail built under contract. Division plans call only for these four miles of trail, but additional trails within and beyond the Preserve could provide connections to Poor Mountain Road and Harborwood Roads. i Page 62 2018 Roanoke Valley Greenway Plan 4.2.38. Read Mountain Greenway, Map #38, Category 3 Read Mountain Greenway will be a connection from Tinker Creek Greenway at Mason Mill Park to Read Mountain Preserve in Roanoke County. With additional development and employment at the City of Roanoke's Centre for Industry and Technology (RCIT), demand has increased for connections to nearby trail opportunities. This greenway is projected to go from Tinker Creek Greenway to businesses at RCIT, then up to the CCC Trail at Roanoke County's Preserve. In 2018, City and County staff are working on a preliminary alignment, feasibility plan, and easements for this stretch of greenway. 4.2.39. Read Mountain Trails, Map #39, Category 3 Read Mountain lies between US 460 and Old Mountain Road and is undeveloped on its upper slopes. In 2000 a grassroots group called Read Mountain Alliance was formed to protect the mountain from ridge line development. The Alliance has worked with property owners to secure easements and to explore and build trails on the mountain, with assistance from Pathfinders' Mid -Week Crew. In November 2006 a developer donated 125 acres to Roanoke County to be part of a new park and in 2008 the Read Mountain Preserve was opened to the public as a County park. In addition to trails on the mountain within the Preserve, there is opportunity for a connection to Tinker Creek Greenway and RCIT, via the Read Mountain Greenway, and to Botetourt County and ultimately the Jefferson National Forest through new trails to the north. Legend �• Flaking QPicnic Table BWArds Rork Tfoll t+ Po Rlv+; o RockyWaVftilf +osj � Gassovet Wall lxlnwe CCCGolllu�l Rim* Lea W Rope+ry 0 Cowty Rafk Rropefty o state Road L ;71_. c: Yea An Bar. N r� �.G1k1�2 '®. v Read Mountain Preserve » Trail Map = m Figure 4 -16: Read Mountain Preserve Trails, all built by volunteers 2018 Roanoke Valley Greenway Plan Page 63 4.2.40. Roanoke River Greenway, Map #40, Category 1. Description The Roanoke River Greenway has always been considered the backbone of the regional greenway and trail network. This bicycle /pedestrian path, projected to be 31 miles, will be the major west -east greenway, making it possible to travel from western Roanoke County near Spring Hollow Reservoir through the City of Salem to the City of Roanoke, Town of Vinton, Blue Ridge Parkway and Explore Park. The greenway will provide linkages to neighborhoods, industrial facilities and business complexes, ten parks, three schools, two sport complexes, Cardinal Criminal Justice Academy, the Blue Ridge Parkway and Montgomery and Franklin Counties, it will be a continuous route for non - motorized transportation where none existed in 1997. Connections to streets with bike lanes and to Masons Creek, Murray Run, Mill Mountain, Lick Run, Tinker Creek, and Wolf Creek greenways will permit travel north and south. Status Since 2007, over ten miles of Roanoke River Greenway have been completed and opened, for a total mileage in 2017 of 13.7 miles. The status of the various sections is itemized below. Page 64 2018 Roanoke Valley Greenway Plan Jurisdiction Mileage Status Projected 7HillPark Construction Line to Roanoke County B -10 Conceptual alignment only. Beyond 2020 Within Green Hill Park Roanok e County 0.80 Completed. Opened 2008. Green Hill Park to West Riverside Roanoke County 1.90 Engineering complete; environmental 2019 Park & Salem ermittin underwa ; right-of-way needed Woodbridge Section Salem 0.25 Completed. Opened 2011. West Riverside Park to Eddy Salem 1.30 Opened 2013 Avenue Eddy Avenue bride Salem 0.04 Under construction 2018 Eddy Ave. to Rotary Park Salem 2.10 Built in sections, all opened by 2012. Rotary Park to Apperson Drive Salem 0.60 Negotiating rights-of-way. 2019 Apperson to Barnhardt Creek Salem 0.90 Scheduled for construction by Salem 2018 crews, starting spring 2018. Barnhardt Creek bridge at Salem & City of 0.02 RSTP funded for FY 19 -20. 2018 -19 Salem /Roanoke City line Roanoke Barnhardt Creek to Aerial Way City of Roanoke 1.00 Completed. Opened 2015 Aerial Way to eastern Materials City of Roanoke 0.70 Construction began 2017. 2018 Yard Materials Yard to Bridge Street City of Roanoke 1.00 Right -of -way needed from Walker Foundry, 2019 -20 Ready to g o to construction. Bride St. Bennington Trailhead City of Roanoke 6.80 Built in sections, all opened by 2012. Bennington to eastern City line at City of Roanoke 1.25 Three quarters of a mile is on -road with a Tinker Creek steep hill; relocation is needed. Roanoke City line to Blue Ridge Engineering completed. Right -of -way Parkway western boundary Roanoke County 2.70 needed. Environmental permitting 2019 underway. Section under Blue Ridge Roanoke County 0.30 TA Funded FY19 -20. 2020 Parkway Blue Ridge Parkway across landfill to Ex lore Park border Roanoke County 1.70 Funded. Engineering underway. 2019 Through Explore Park to Rutrou h Road Roanoke County 1.80 Recently awarded RSTP funds FY20 -22. 2022 Page 64 2018 Roanoke Valley Greenway Plan Funding Roanoke River Greenway has benefited from large infusions of transportation funding since 2007, including monies from American Recovery and Reinvestment Act (Stimulus), Regional Surface Transportation Program (RSTP), House Bill 2, SmartScale, Federal Lands Access Program, Transportation Alternatives (TA), and Revenue Sharing. In addition, the Greenway Commission raised over a million dollars of private funds through the Bridge the Gap campaign. The localities continue to apply for grant funding to match local capital funds to finish the final sections. Benefits The Roanoke River Greenway has long been recognized in local, regional, and state plans as an important facility for the area. It is included in each locality's comprehensive plan, the regional greenway and open space plans, and the Virginia Outdoors Plan. The Roanoke River Greenway is a multi- faceted project. All sections include canoe launches, providing access to the river. The greenway also i landscaping, sculptures and art, mitigation of runoff into the river, and establishment of riparian buffers. This project provides transportation, safety, health, environmental, and economic benefits to the valley, thus improving total quality of life in the region. The trail is often used for races and fundraising walks and runs. Roanoke River Greenway is the foundation for the region's "Roanoke Outside" branding and has become a tourism destination supporting two outfitters adjacent to the trail. In addition, it has contributed to adjacent economic development such as the River House apartments, Green Goat restaurant, Wasena City Taproom, Underdog and Roanoke Mountain Adventures outfitters, River Rock Climbing Gym, and Roanoke River Greenway bridges offer views of the river on family the Bridges apartments and entertainment center. outings. Photo by Rachel Kuehl Challenges The challenges for construction have been acquisition of rights -of -way, proximity of the railroad to the river, flooding, topography, protection of endangered species, and funding. The localities have resolved most of these issues for the sections from Green Hill Park to Explore Park. The section from Bennington Trailhead to the Water Pollution Control Plant is on -road, with a very steep section on Underhill Street; Roanoke City would like to move this section off -road. In the future, maintenance, capital funds for flooding repair, and user management will be the predominant issues. The localities will each address maintenance issues through their budgeting processes, utilize volunteers such as the Greenway Ambassadors and Pathfinders, and implement management techniques like striping and wayfinding as needed. Roanoke River Greenway at dawn. Photo by Darrell Powledge Next Steps Completion of the core urban sections of Roanoke River Greenway, from Green Hill Park to Back Creek at Explore Park, is strongly supported and is expected by 2023, as shown in Table 4 -4 and Figure 4 -17, The City, in coordination with Roanoke County, should pursue an off -road alignment from the 13th Street trailhead to the Water Pollution Control Plant, to eliminate the steep section on Underhill Avenue, 2018 Roanoke Valley Greenway Plan Page 65 Roanoke River Greenway Status Map City of City of Roanoke C1 Salem �. Lick Ron Wolf , Crook rho Hill Town of T,nko Rof� Cm*" Vinton Perk W�s� u P.rk Murray Run Mill Mountsm' G."t Roanoke County M, ) Vark . Completed Construction FY 18 & FY 19 ®Future Planning [_i Construction FY 19 - FY 23 Figure 4 -17: Roanoke River Greenway Status Map. Completion of Roanoke River Greenway is the highest priority. A fisherman paddles alone below the bridge connecting Roanoke River Greenway to Tinker Creek Greenway. Photo by Darrell Powledge Page 66 2018 Roanoke Valley Greenway Plan 4.2.41. Roanoke River Greenway Extensions, Map #41, Category 4 This route is the extensions of Roanoke River Greenway from Explore Park to Smith Mountain Lake and from Spring Hollow Reservoir to the New River Valley. The Roanoke Valley's portion of this route may be only a bridge to Franklin County or a short connection to Montgomery County, but the route is included in both the Virginia Outdoors Plan and the Franklin County Trails Plan. The Montgomery County Bikeway/Walkway Plan includes a North Fork route, and the New River Planning District Commission is currently updating the regional greenway plan, which is expected to include a Roanoke River Greenway connection to New River. 4.2.42. Spring Hollow Trails, Map #42, Category 4 Spring Hollow is a major reservoir for the Roanoke Valley, now managed by the Western Virginia Water Authority. Adjacent lands are owned by Roanoke County, as is the adjacent Camp Roanoke. A master plan for the site completed in 1996 proposed numerous horse trails and other facilities, but these have not yet been developed, Spring Hollow is an important connection for the Perimeter Trail and a destination along Roanoke River Greenway. 4.2.43. Tinker Creek Greenway, Map #43, Category 2 Description The Tinker Creek corridor is one of the most historic in the valley, doffed with mills, taverns, and historic buildings. The creek has its headwaters in Botetourt County and is fed by Carvin Creek, Lick Run, and Glade Creek. This is one of the few urban trout streams in the state and connects a diversity of urban, suburban, industrial and rural landscapes. Status For many years the Greenway Commission has explored ways to develop Tinker Creek Greenway. In 2000 a conceptual master plan was developed in cooperation with students at Virginia Tech, and in 2003 the City of Roanoke completed the first mile of this greenway. In 2012 the City completed a bridge across the river to connect this greenway to Roanoke River Greenway. Also in 2012, Roanoke County began work on the northern end, using Pathfinders' volunteers to build the greenway as a natural surface trail from Hollins University to Carvins Cove. In 2016 Tinker Creek Greenway became a priority for the City when Deschutes Brewery decided to locate in Roanoke, a projected $95 million investment, and requested that the greenway be extended to its site at RCIT. In 2015 the Greenway Commission had been awarded assistance from the National Park Service Rivers, Trails, and Conservation Assistance (RTCA) program to study the Tinker Creek corridor, and thus an assessment of the feasibility of various alignments all the way to Botetourt County was underway, as shown in Figure 4 -18. The Tinker Creek Steering Committee included staff representatives from Roanoke and Botetourt Counties, Roanoke City, and the Town of Vinton. The committee expanded previous resource inventories, explored multiple location alternatives, and began conversations with landowners about rights -of -way. In 2017, as part of the public input meetings for the update to the greenway plan, the committee received public input on the various alternatives. This process is documented in the Tinker Creek Greenway Conceptual Plan in Appendix E. Benefits Tinker Creek Greenway is envisioned as the arterial north -south route from Roanoke River Greenway to Carvins Cove and to Botetourt County. It will connect seven schools, employment centers, natural areas, and historic sites, with linkages to Carvins Cove, the Appalachian Trail, Read Mountain, and U.S. Bicycle Route 76. It has the potential to provide the same benefits as Roanoke River Greenway to a different quadrant of the valley, providing multi -modal connections, quality of life, opportunity for health and wellness, and a facility that encourages economic development. Challenaes During development of the Conceptual Plan, the Steering Committee identified three challenges: site constraints and physical feasibility, cost, and community and political support. These three impact the ability to obtain rights -of -way and build the trail. Each alternative was evaluated on these criteria, as well as on its ability to provide benefits. 2018 Roanoke Valley Greenway Plan Page 67 Next Steps The City is currently in the engineering phase for the section from Wise Avenue to Masons Mill Park. The next step is the construction of that section, which is funded and promised as part of an economic development package. For the rest of the greenway, the first step is completion of the Tinker Creek Greenway Conceptual Plan as part of this 2018 Plan. After that, each locality will look for opportunities to develop sections by obtaining rights -of -way, securing funding, and building partnerships to construct the greenway, at times in conjunction with other projects. Figure 4 -18: Tinker Creek Greenway Study Area Page 68 2018 Roanoke Valley Greenway Plan Tinker Creek Subareas Greenf.ld Indust', I Park ^ � —•J Legend Gmn Fero Elemon iv FcnorN Tinker Creak Alllgnmsnts '>; '•' 2007 Conceptual I ine _� r +i •••• 201BAllematves j m � �.. m • • • . fhtslgn Underway I Built Tinker Creek Greenway i in Lora B tetoun Hpn SWIM � Roanoke Rver Greenwoy f -' • • • • Conceptual Roanoke River Greenway other Built Trails `�'' +� • -• Conceptual Connecting Greenways Existing Sidewalk --- Appalachian trail f —• Conceptual oaterv+ite Greenway Roanoke R'wer Streams Interstate 61 Industrial Park Dalewlle Town Center (X r Roanoke Gas Property Schoul Parr *s WVWA Property rope rty /0000T B O e O U I PUDIIC Lands uDare 4 Railroad Railway Properties N �t. t! JJJJ Roanoke N County ryton!d'ky Flpn nlay cClwpl % rA i RCI7 i _ of - �o�nCii m r% n o t e ton 1 . 0 17.:175 e 7S '1 1 HLIe Figure 4 -18: Tinker Creek Greenway Study Area Page 68 2018 Roanoke Valley Greenway Plan 4.2.44. Wolf Creek Greenway, Map #44, Category 3 Description This greenway corridor parallels Wolf Creek from the Blue Ridge Parkway to Roanoke River. The creek is the boundary between the Town of Vinton and Roanoke County. Development of this greenway as a joint project was initiated early in the greenway program because of the availability of land within parks, along sewer corridors, and next to Vinton's well fields. tatu The section of the greenway in Vinton from Hardy Road to Washington Avenue was completed in 1999. The 80 -foot bridge crossing the creek was built by volunteers, and the ribbon cutting for the trail was incorporated into the first Governor's Conference for Greenways and Trails. Vinton has continued to utilize volunteers for greenway maintenance and enhancement, with the addition of flower beds, kiosks, benches, additional parking, and a Police fitness course. In 2001 Hardy Road was widened from two lanes to five, and bicycle lanes and sidewalks were included with connection to the greenway. Roanoke County's portion of the greenway was built in sections, with the last one completed in 2006 to reach Mountain View Road at the Blue Ridge Parkway. The greenway connects Goode Park, William Byrd schools, and Stonebridge Park, as well as numerous neighborhoods. The County's section also includes volunteer -built bridges, and the greenway goes under the reconstructed Mountain View Road, which now has bike lanes. Benefits Wolf Creek Greenway provides a well -used connection in Vinton and Roanoke County neighborhoods. Many senior citizens, William Byrd students, and residents from local subdivisions as well as the neighboring county use the trail, With completion to the Parkway, Wolf Creek Greenway offers many extended loops. Challenges A major challenge at Wolf Creek Greenway has been stormwater runoff, sedimentation in the creek, and erosion. The cinder surface of the trail has been difficult to maintain due to an increasing number of intense rains and twenty years of repairs. The culvert under Washington Avenue, long maintained by volunteers, has become increasingly difficult to keep clear. Both the Town and the County have paved short sections to prevent washout. Next Steps The Town and County should continue to cooperate on frequent maintenance and compaction of the trail surface, with consideration of soil stabilizers. Plans for extension of the greenway to Vinton Business Center, the Blue Ridge Parkway, and Roanoke River should be developed before right -of -way acquisition can be initiated. A couple enjoys a morning jog on the Wolf Creek Greenway, approaching Goode Park. 2018 Roanoke Valley Greenway Plan Page 69 Page intentionally left blank. Page 70 2018 Roanoke Valley Greenway Plan 5. REGIONAL TRANSPORTATION CONNECTIONS This chapter focuses on regional connectivity. Connectivity was a major topic of the public input received during development of this 2018 Plan. Some connectivity can be achieved by ensuring that planned stretches of the greenway network outlined in Chapter 4 are built. Connectivity can also be addressed through alternate infrastructure networks such as on -road bicycle lanes, sidewalks, and transit. This chapter outlines proposed connections, identified by staff and the public, to integrate with other options for transportation, 5.1. OTHER REGIONAL PLANS The Roanoke Valley- Alleghany Regional Commission (Regional Commission) has worked with member localities to create several regional plans which describe a vision for future improvements of alternative transportation networks. These networks can be used to further connectivity of the greenway system by providing bicycle, pedestrian, and transit accommodations for citizens to reach greenways, or reach destinations from greenways, without having to use a car. Improving connectivity in this manner meets three goals. In conjunction with expanding and improving the existing greenway network, construction of other facilities such as bicycle lanes and sidewalks helps to plug gaps in connectivity identified by the public. Improving connectivity increases the viability of the greenways as a transportation system by connecting users to key destinations. Lastly, users who are able to walk or bike to the greenway will receive greater health benefits from their activities and may access the greenway more frequently than those who must drive to get there. Several regional plans which have been adopted by the Regional Commission and the Roanoke Valley Transportation Planning Organization (RVTPO) include recommendations which should be discussed within the context of the greenway network. These plans, as well as a brief description of each, are listed below. 5.1.1. Regional Bikeway Plan The Bikeway Plan for the Roanoke Valley Area Metropolitan Planning Organization (MPO, now the RVTPO) was completed in 2005 and updated in 2012. This plan recommends on -road accommodations for bicycles within the MPO boundary, generally the urbanized area, by identifying corridors in need of accommodations, listed as either priority or vision routes. The types of accommodations to be provided are not specified in this plan. All of the Greenway Commission member localities are part of the MPO area, in whole or in part, so there is a high level of overlap between recommendations in the Bikeway Plan and the greenway network. Recommended corridors for improvements from that plan are shown in Figure 5 -1. Some of the corridors identified are discussed further as high priority connections for the Greenway Commission. For a complete list of all recommendations, please view the Bikeway Plan on -line. 5.1.2. Rural Bikeway Plan The Rural Bikeway Plan (2006) of the Regional Commission identifies needed bicycle improvements in areas of the Roanoke Valley - Alleghany Region that are outside the boundary of the urbanized area. While the study area for the Rural Bikeway Plan excludes localities such as the City of Roanoke, Town of Vinton, and the City of Salem, large sections of Roanoke County and Botetourt County are within this study area. The purpose of the Rural Bikeway Plan is to provide information and guidance on the planning and provision of bicycle accommodations and facilities that enhance and encourage bicycling in the rural portions of the Regional Commission's service area. There are several recommendations in the plan that could have an impact on proposed connections in more rural areas where a connected greenway network becomes more challenging. Bicycle accommodations described in the plan include paved shoulders, widened travel lanes, and bicycle lanes, as well as improved signage, such as Share the Road signs, and amenities, such as bicycle racks. Table 5 -1, on page 73, shows the recommendations made for Botetourt and Roanoke Counties. This table highlights corridors where bicycle improvements should be made, but does not specify what kinds of improvements to target. 2018 Roanoke Valley Greenway Plan Page 71 d A Bikeway Plan for RVAMPO Update Priority and Vision List Corridors + Pnoray List Corwo, - Vrsron L V C,omdor ^1 Local Pala - Naw aiParik•,FDve: : Q MPO 2035 Study Area cioure 5 -1: 0 1 2 a i �rw Mlles the 8ikewav Plan for tha Roannke Vallev Area MPn 9019 I Inriata / Page 72 2018 Roanoke Valley Greenway Plan Notably, U.S, Bicycle Route 76 (USER 76) runs through Botetourt and Roanoke Counties. Many of the roads shown in this table are part of this stretch of USER 76. In 2017 the Regional Commission completed US Bicycle Route 76, A study of the Roanoke Valley- Aileahanv Region, making further recommendations for improvements and goals for the USBR 76 corridor. Table 5.1:'3006 Rural Blkowa Plan Recommsndatlons Botstourt County Roadway From To US Route 11 Buchanan Troutville Frontage Road 55 Old US 11)* Rockbrid e County Line US Route 11 Route 43 Buchanan Blue Ride Parkway Route 43 Eagle Rock Buchanan Route 43 Eagle Rock Corporate Limit US Route 220 US Route 220 Route 43 Route 615 Crai s Creek Rd Route 615 Crai s Creek Rd US Route 220 Craiq County Line Route 640 Lithia Rd)* US Route 11 Nace Rd also Route 640)* Nace Road Route 640)* Route 640 Lithia Road U.S. Route 11 Route 651 (Stoney Battery Rd)* US Route 11 US Route 220 Route 740 Roanoke County Line Carvins Cove Rd Route 779 Valle Rd)* US Route 220 Catawba Rd also Route 779 Route 779 Catawba Rd)* US Route 220 Roanoke County Line Blue Ride Parkway Roanoke County Line Rockbrid e County Line Roanoke County Roadwa y From To Route 111460 MPO Boundary Montgomery County Line Route 311 Catawba Valle Rd MPO Boundary Craig County Line Route 622 Bradshaw Rd)*** Route 864 Bradshaw Rd Montgomery County Line Route 624 (Newport Rd Route 311 Catawba Valle Rd Montgomery ounty Line Route 740 Carvins Cove Rd)*** Route 311 Catawba Valle Rd Botetourt County Line Route 779 Catawba Creek Rd)* Route 311 Catawba Valle Rd Botetourt County Line Route 785 (Blacksburg Rd)*** Route 311 Catawba Valle Rd Montgomery County Line Route 864 Bradshaw Rd Route 311 Catawba Valle Rd Route 622 Bradshaw Rd Route 1404 Timberview Rd) Route 863 Road terminus Blue Ride Parkway ** Franklin County Line Botetourt County Line * Part of the U.S. Bicycle Route 76 (Note: all portions of U.S. Bicycle Route 76 are included in the Rural Bikeway Plan). ** Managed by the National Park Service. On -road greenway corridor from the 1995 Roanoke Valley Conceptual Greenway Plan. 5.1.3.Transit Vision Plan The Roanoke Valley Transit Vision Plan (2016) outlines improvements that could be made to the transit network in the next several years. Transit service is provided in the region by Valley Metro, and buses include bicycle racks. An improved grenway network could help provide connectivity for the transit network. Improvements noted in the Transit Vision Plan include increasing frequency of service, broadening service to new routes, including Botetourt County routes, improving bus stops, and incorporating new transfer stations. While specific transit improvements are not discussed further in this chapter, transit is an important element of the overall alternative transportation network. 5.1.4. Regional Pedestrian Vision Plan The Regional Pedestrian Vision Plan, A Coordinated Approach to a Walkable Roanoke Valle v, adopted by the RVTPO in 2015, provides a vision for a more walkable Roanoke Valley. This plan does two key things which are of interest in understanding how regional transportation networks interact. First, it makes numerous recommendations for pedestrian improvements in specific corridors and intersections. Second, through analysis of concentrations of employment and housing, it identifies multimodal districts and centers throughout the Roanoke Valley. 2018 Roanoke Valley Greenway Plan Page 73 25 aria odtarnaal seneon gaeiu. asap 14'Ca nkay Artie t-.-.w.i kx4ekannetM+waxwa Guldrit to Padestr`!an Vision Plan Maps Map 1: Appoison Map 24:04E Roanoke / Map 2: Bonsack Map 25: Oak Grove +r„J7 Map 3: Brookside Map 25: Penn f orest Map 4: Cave Spring North Map 27: Richfield Aatevrlle Map 5: Cave Spring South Map 28: SE Roanoke Rivertand Tro Map C Cieaft rook . Map 29: Tanglawood Map 7: Countryside Map 30: Troulviile Map 8: Crossroads Map 31: VA Medical Lot otstou Map 9: Crystal Spring- Canlion ,i Map 32: Valley View Breckenridge it 150 Map 10: Dalevtile Map 33: Valleypomle Map 11: Downtown Roanoke Old SW Map 34: West Salem Map 12: Downtown Salem Map 35: Vvlihnmson Civic: Cemoi Map 13: Downtown Vinton Map 14: EastVlnton Map 15: Elliston Lafayette Hollins Map 16: fincastle .- Map 17: Garden City Map 18: Grandin . Hun Park Valleyponte ,�• , Qtaokslde ., Map 19: Hollins Map 20: Lakeside Plaza Map 21: Lewis Gale i ...� f ,�•• -. -•. Map 22: Lord Botelouil - E W 150 S Crossroads •, nt.�' Countryside NERganeke'•�Bonsack Ma p IJ: Melrose t Valley View- Breckenrkge '.y Downtown PlazIae —Sides! Salem Melrose If77a W9gmson- Sa w Center Richfield Civic Dowrilo✓ w n) ADPerson VAMP, cat Earl .' Vinton 1 Grandin- Downtown 1 Vnf A Lewis f Hurt Park Roanoke- ? SE R401;#- a Old SW Y 'y .� Rtrartapd `- S Carr{'Sprnli Crystal Spring- aY. ,.� - -••, ?*lh Carlton Grov e j Euston- 1 G. CarSPrn G 9 Tangtewood C J Lafayette South r Penn Forest`` Clearbfook iaure 5 -2: Map of Multimodal Centers and Districts, Reaional Pedestrian Vision Plan, 2015 W r t' This is the first plan which identified multimodal districts and centers. This concept originates from the Vir inia Department of Rail and Public Transportation's Multimodal System Design Guidelines (2013) which encourage the planning and implementation of an integrated transportation system including automobiles, public transit, bicycles, and walking. The Multimodal Districts and Centers represent areas of population density and future targeted growth, where destinations are close enough that walking and biking are viable modes of transportation. Transit service is often already provided or the need for it already acknowledged. The definitions of these terms are: Multimodal District: Any portion of a city or region with land use characteristics that support multimodal travel, such as higher densities and mixed uses, and where it is relatively easy to make trips without needing a car as gauged by the number of bus routes available and safe walking or biking paths — either currently or proposed in the future. Multimodal Center: A smaller area of even higher multimodal connectivity and more intense activity, roughly equivalent to a 10- minute walk or a one -mile area. The Pedestrian Vision Plan places priority on making accommodations in the centers and districts, shown in Figure 5- 2. More detailed maps of all the plan's recommended accommodations can be accessed in that document. Page 74 2018 Roanoke Valley Greenway Plan In general, greenway corridors follow rivers, streams, and conservation corridors where there is less development, so there is little overlap with multimodal districts. Multimodal centers and districts without a direct connection to a greenway or a planned greenway are included in Table 5 -2. By integrating and developing bicycle lanes and sidewalks, many of these important areas become accessible from the greenway network. 5.2. RECOMMENDED CONNECTIONS The Regional Commission works with locality staff within the RVTPO and the broader Roanoke Valley - Alleghany Region to monitor bicycle accommodations, bus routes, and pedestrian infrastructure. This 2018 Plan recognizes the importance of connectivity with this infrastructure. The 2018 Greenway Plan Regional Connectivity Map (Figure 5 -3, page 76) was developed to address the public's request for accommodations to reach key destinations (Figure 3 -1, page 23) and to incorporate staff recommendations for connecting facilities. Existing bike lanes and sidewalks, along with the multimodal districts and centers, are shown on this map. Often, proposed connections would run along roadways, and constraining right -of -way and engineering factors may make a separated multi -use path not feasible. Connections, therefore, could range from sidewalks or improvements for bicycles to a multi -use path or greenway. Flexibility is inherent in these recommendations, and locality and VDOT staff will determine the nature of the improvements. The specific recommendations identified under each locality that were developed for this 2018 Plan are shown in Figures 5 -4 through 5 -10, on pages 77 — 83.. There may be additional connections to greenways that will allow for easier use by pedestrians and bicyclists, and development of such is encouraged and supported by the Greenway Commission. For this 2018 Plan, discussion of the connections is shown by locality, as each locality independently designated its desired connections. Table 5.2: Multimodal Districts and Centers without Direct Green ay Intersections District Name Accessible by Existing Bike Lane or Sidewalk Clearbrook No Exit 150 No Elliston- Lafayette Outside the Greenway Commission area Troutville No Penn Forest No Center Name Hurt Park Yes Fincastle No Melrose Avenue Yes* Crystal Spring Yes Oak Grove No Old Southwest Yes* SE Roanoke Yes Williamson - Breckenridge No Williamson - Civic Yes Crossroads Yes* Lewis Gale No Downtown Vinton Yes* Richfield No VA Medical No * = technically connected but improvements needed 2018 Roanoke Valley Greenway Plan Page 75 Figure 5 -3: 2018 Greenway Plan Regional Connectivity Map Page 76 2018 Roanoke Valley Greenway Plan Hotetourt County Craig County l _ ... 7_... b % j / Y V ~ 1 f �A a Roanoke County Frank= Caunt v i 2018 Greenway Plan Regional Connectivity Map Proposed Connections Multmiodai Center Proposed Greenways NWU',hmodal'Jratncl --- Built Greeoways and Irails (2478) ---- U S Bicycle Route 76 Public Lands ice' %��scnnlh,.��w �� _ National Foresl 7rads MPO Sounda y 2040 am REGIONAL - -- Appalachian Trail -- - - - Bike Lane __� Locality Boundaries 0 0.751.5 3 45 6 ---- Sidewalks miles Figure 5 -3: 2018 Greenway Plan Regional Connectivity Map Page 76 2018 Roanoke Valley Greenway Plan 5.2. 1. Botetourt County Botetourt County is much more rural than the other member localities and has smaller multimodal districts, Given the rural opportunities, there are many routes popular for social rides and thus demand for connections from greenways to those routes. Most of Botetourt's recommended connection corridors are much longer than those shown in other localities. These recommendations are listed in Table 5 -3 and shown on the map in Figure 5 -4. The major connection in Botetourt County is U.S. Bicycle Route 76, a nationally designated bicycle route. This route is a priority for improvement and could function as a thru- corridor for bicyclists seeking access to parts of the greenway network, particularly Daleville, Buchanan, and Catawba. Improved accommodations along this corridor will be a key piece of Botetourt County's local greenway network. Two other roadways of note which could be improved as network connections are Blacksburg Road (45) and the Blue Ridge Turnpike (46). Both are shown in Figure 5 -4 and provide connectivity between Daleville and Fincastle and Fincastle and USBR 76, respectively. Additional corridors identified for Botetourt show improved connections from USBR 76 to major residential neighborhoods. Additional reference to planned bicycle and pedestrian improvements within the county can be found in Botetourt's Gateway Crossing Area Plan. Legend W.Posed Cum cwm Pmpowd Gme —sys Oue &000 ays and Tm4s 12019) --' National Fomst Trills AppelachW Tml :- F)iMe Laro -- SkMwa&s Mu11mK1da1 C-W, M.dtmlodal D!sWd P.bhc Wds MPO Boundary 2040 i r Figure 5 -4: Botetourt County Connections Table 54: Rocommended Connections to the greenway Network Botetourt Count ID Name 45 Blacksburg Rd to Fincastle 46 Blue Ride Turnpike 47 Sunset Blvd Botetourt County Connections , Fincastle 7 45 Botetourt Co0ni I 47 Dale'v1119,_, i 2018 Roanoke Valley Greenway Plan Page 77 5.2.2.Ciity of Salem City of Salem staff worked with citizen appointees to the Greenway Commission to identify the connections in Table 5- 4, shown on the map in Figure 5 -5. Designations in Salem focused on connecting the greenways to residential areas and to downtown. The Roanoke River Greenway and the Hanging Rock/ Mason Creek Greenway are the main greenway corridors in Salem, and enhancing the connectivity of these was a key priority for Salem's Table 5-4: Recommended Connections representatives. There are numerous connections noted in the map and table, but most important to Salem's goals of connectivity are connections 10, 11, and 21. Number 10 connects the Elizabeth Campus trail network to the planned Mason Creek Greenway. Number 11 connects the greenway system to downtown Salem, a multimodal center which has existing sidewalks but needs improved connections. Connection 21 would provide access to the Veterans Hospital, a multimodal center which is currently not connected to the greenway system. Legend • Proposed Connectons — °- Proposed Greenways Built Gmenways anct Trade 17013t U S. Bike Route 76 —� National Forest Trans Appalachian Trad z Bike Lane Sidewalks Mubinodai Center Muamrodul Ostrad Public Lands MPO Boundary 2040 13 91 C i�t y 942S%ia�e 12 3 Richfield - 1 to the Greenway Network, City of Salem ID Name 1 Twelve O'clock Knob to Roanoke River Greenway 2 Mill Ln to downtown 3 Mill Ln to neighborhood 4 Union to downtown 5 Eddy to neighborhood 6 Colorado Ave improvements 7 Homestead to Riverside 8 Colorado Ave to Kimball neighborhood 9 Shanks St former Dry Creek Greenway) 10 Salem Civic Center 11 Main St corridor 12 Keesling to Roanoke River 13 Wildwood Rd to Havens WMA with Roanoke Co 20 Franklin to Kimball 21 Roanoke Blvd to City Line City of Salem Connections 43 ,Roanoke County Figure 5 -5: City of Salem Connections •i1 111 � Sale y a,[l�eT�m�, 1}4�►� 10 [� t r �Downtown a 'C`' 5 21;x') tw ! $" Apperson Drive VA'Medlcal 20 7 • is _ _ i+ _.Lewis .. Gale ":..y Page 78 2018 Roanoke Valley Greenway Plan 5,2.3.City of Roanoke City of Roanoke staff are currently working with the public to assess neighborhood connectivity throughout the City. The City has an annual sidewalk construction program, utilizes its paving program to add striped bike lanes, and works continually to update neighborhood plans, which could include improved connectivity to the greenway system. Suggested routes are in Table 5 -5. Numbers 19, 48, 49, and 50 shown in Figure 5 -6 increase connections to Lick Run Greenway. Number 31 in Figure 5 -7 connects Murray Run Greenway with the planned Mudlick or Garst Mill Greenway route. Additional connections, 42 and 44 in Figure 5 -7, are proposed to improve connectivity to the Old Southwest neighborhood from the Roanoke River Greenway. Table 5.5: Recommended Connections to the Greenway Network, City of Roanoke ID Name 19 Kennedy Park to Lick Run Greenway via Norris Dr 31 Murray Run Greenway to Mudlick connector 42 Mill Mountain to Garden City Greenway 44 Roanoke River to Old SW 48 Lick Run Gway from Hershber er to Countryside via Ferncliff 49 Lick Run to Round Hill Elementary School 50 Lick Run to Huff Lane Park 53 Colonial Ave. to MurraYRun _ _ i Figure 5 -6: City of Roanoke Connections, Northwest 2018 Roanoke Valley Greenway Plan Page 79 City of Roanoke Connections Legend _ Proposed Connections Proposed Greenways —1 \ !(( �- Bu," Greenways and Trads 120181 {- U.S Me Route 76 Crossroads �' Na!wnal ioresl bads \ - Appalachwn lrad Baeiane Countryside -- SldowalFs Mulumadat U'st-t rslnct ,. ��� Prddic Lends MPO Boundary 2040 48/\ \� oW_I�mson /Breckenndge t Valk!y View , 50 F i Figure 5 -6: City of Roanoke Connections, Northwest 2018 Roanoke Valley Greenway Plan Page 79 City o I f Roanoke Connections _I Legend P'Opo"d torn cnona Hurt Park Pmaos*d Gtowmys -Zz 64.R-Wrt Downtown•Roanoke Notoe aj f .%t Tw-, i D' noke.-� 44 6�,d Southwest Public Lands MPO Bou,,dev 2040 L31 Can ion 42 Y 00 Crystal /" Spring h 53 yyy %7 it. Figure 5-7: City of Roanoke Connections, Central and Southwest With the growth of the greenway network, races and pub runs have become popular. Photo by Wade Thompson Page 80 2018 Roanoke Valley Greenway Plan 5.2.4. Roanoke County Given the geographic shape of Roanoke County, the connections in Table 5 -6 are shown on several maps. On Figure 5 -8 below Number 15 connects Hanging Rock Battlefield Trail to the proposed Gish Branch Greenway and existing Exit 140 Park -n -Ride, thus potentially providing a vital connection for bicyclists attempting to commute to the SmartWay bus stop operated by Valley Metro. Number 30 is a route broadly supported by public input, providing connection to Carvins Cove. Number 52 is a popular bicycling route that might be extended to Plantation Road and connected to Hanging Rock via Number 16. The Glenvar connection, Number 43 (Figure 5 -5, page 78), connects Glenvar schools and the surrounding neighborhood to the Roanoke River Greenway. Table 5-6: Recommended Connections On the southern Roanoke County connections map (Figure 5 -9, page 82), the two connections shown are 17 and 18. Number 17 provides a needed connection between the planned Murray Run Greenway and Tanglewood Mall. Number 18 is an on- road version of Back Creek Greenway and would connect South County Library and the Penn Forest District to the planned greenway network. to the Greenway Network Roanoke County ID Name 13 Wildwood Rd from Salem to Havens WMA (map on p. 78 14 Valleypointe Parkway to Lick Run Greenway Hanging Rock to Park -n -Ride and Gish Branch 419 from Loch Haven to Hanging Rock and Hinchee Trail E8 Tan lewood to Murray Run connector Former Back Creek Greenwa 214 Virginia Ave/Hardy Rd improvements (map on .83 30 Timberview to Carvins Cove 43 Roanoke River to Glenvar Connection ma on .78 51 Rt. 311 from Mason Creek Greenway to US Bicycle Route 76 52 Loch Haven Road from Rt. 419 to Plantation Rd Roanoke County Connections Legend r r Proposed Conneclgns r Proposed Greenw I Bwll Creermays and Tre4s 12018) U.S. We Route 76 '—" Natortal Forest Trods r Appalacblan Tra4 Bike Lane 51 rte' ", - — Sdowalks MuNrrnodpl center MWtimodal District Pubk Lands MPD Boundary 2040 Hollins Roanoke County, 30 52 Brookside 14 �x � CfoS5f08d5 A&tryslde vwaipi rr�soWelmckzl Figure 5 -8: Northern Roanoke County Connections 2098 Roanoke Vailey Greenway Plan Page 89 5 Roanoke County Connections ... % ••• r SE 9m_t o{d.$UTAl I1W (551 Y' Legend \V' -+w*+r Propof.d Conrxotton. j ••--, }} - __. NOW-d t3nwnw.y. Hurt Cev.'W"SMet 9rrfa 42048? �� Nara net Foce.tTar4f 1( 3J Mp.wcnwn "Irad 1 f 41" Cryslai'S�+r}+4g �... Muihmod.t Center MWbmodol Dnb¢t (Jt�° 7 �r , Public L.ndf MPO Boundtuy 2040 Cave Spnng♦ 17angi;wood Roanoke C -unt 18 Figure 5 -9; Southern Roanoke County Connections Bicycle accommodations can be provided in conjunction with routine paving by striping a lane, as was done on Brambleton Avenue in Roanoke County and City and Shenandoah Avenue in the City of Roanoke, Page 82 2018 Roanoke Valley Greenway Plan 5.2.5.Town of Vinton The Town of Vinton designated many connections which they would like to see incorporated in the future, as shown in Figure 5 -10. A complete list of all of the connections is in Table 5 -7. Key connections to the greenway network include 33, 37, and 38, which connect Gladetown Trail, Glade Creek Greenway, and Wolf Creek Greenway respectively. There are also connections between planned trails, such as Number 24, which would connect Wolf Creek Greenway and the Perimeter Trail, and Number 25, which would connect Gladetown Trail to Wolf Creek Greenway. A major priority for Vinton is to improve bicycle and pedestrian accommodations along major thoroughfares such as Walnut Avenue and Washington Avenue. These corridors are a popular route for bicyclists seeking to reach the Blue Ridge Parkway from the City of Roanoke, Table 5 -7: Recommended Connections to the Greenway Network, Town of Vinton ID Name 22 Mountain View Rd 23 Gladetown Greenway to Hardy Rd 24 Vir inia Ave/Hardy Rd improvements with Roanoke Co 25 Gladetown Greenway to Wolf Creek Greenway 26 Meadow Rd to Wolf Creek spur 27 Walnut Ave to downtown 28 Jackson Ave to E Cleveland 29 3rd St to Gladetown Trail Loo 32 Hard Rd to Niagara Rd via Clearview 33 Gladetown Trail to Niagara Rd via 3rd St 34 Virginia Ave to Gladetown Trail via S Pollard 35 Virginia Ave to Washington Ave via S Pollard 36 Jackson to S Pollard via W Lee Ave 37 Glade Creek Greenway to Mt View Rd via Washin ton 38 Mt View Rd to Wolf Creek via Washington 39 Cleveland to Hardy via Bedford Rd 40 Hardy to Washington via Bypass Rd 41 Cardinal Park Dr to Vinton Business Center Trails Town of Vinton Connections Legend ,... RoPosetl Connecuons � f Proposad Greenways 8u1R Grown." and Traits 52016) U.5. Bike Route 76 B*e La ree fien t Hrke Lane / — SidewaWs - J Mubroodal Center 22 - 26 MuRimodat Dastnc: o w no f V n + -n {37 ^,�{ Publw Lards 36 •! `— 1. MPO Boundary 2000 Dowr.27r,�o35 28 <, '. � 8 _ 38 S� s 0-00 —t 34 24 39 40 29 23 SE Roanoke -* 33 32 On Figure 5 -10. Town of Vinton Connections t� 24 41 2018 Roanoke Valley Greenway Plan Page 83 Page intentionally left blank. Page 84 2018 Roanoke Valley Greenway Plan 6. GOALS, OBJECTIVES, AND IMPLEMENTATION STRATEGIES This chapter identifies goals, objectives, and strategies to aid in development of the greenway network (described in Chapter 4) and connections to that network (described in Chapter 5). This chapter in the 2018 Plan is an update by the Greenway Commission of the previous implementation strategies. The Greenway Commission will address the goals, objectives and strategies outlined in this section in a cooperative partnership with the five local governments, recognizing that each locality operates in an individual manner, is responsible for a broad spectrum of needs, and develops facilities as its resources and governance allows. This 2018 Plan reaffirms the goals and objectives of the 1995 Plan, listed in Section 2.4. Progress on goals and objectives from the 2007 Plan and 1995 Plan is discussed in Section 2.4. Goal Objectives Strate les 1. Greenway Construction Complete a connected greenway network of trails to provide the Prioritize greenway construction and focus resources on completion of the greenway network's arterial routes. Focus on finishing the Roanoke River Greenway (Category #1) by 2023. Secondarily, focus on finishing Category multiple benefits of a greenway #2 routes. Provide a connected greenway Incorporate greenways and on -road system, with focus on finishing Roanoke River Greenway. system by focusing on long stretches connections in regional transportation of off -road trails and tying them plans. together with on -road bicycle and pedestrian facilities. Provide identification, regulatory, and Encourage signage consistency across informational signs on each greenway the network while retaining flexibility to to facilitate use and management. meet locality requirements. Coordinate with stormwater Within each locality, coordinate project management and flood projects to management, land acquisition, and capitalize on opportunities for new greenway construction with all greenways and joint projects. departments that might help or be im acted. Coordinate with federal, state, and Use best management design practices regional efforts to plan and develop long distance trail opportunities, and national and state guidelines like American with Disabilities Act (ADA), encouraging inclusion of the Roanoke CPTED (Crime Prevention through region as a destination site. Environmental Design), and AASHTO (American Association of State Highway and Transportation Officials) to design secure and safe trails. Support the localities in celebrating completion of each new greenway segment and significant feature. Support locality efforts to provide connections to the greenway network through improvements such as sidewalks and bike lanes and through wayfinding si na e, Consider renewable energy options and recycling during design. Continue to use Pathfinders for Greenwa s to build Class C trails. 2018 Roanoke Valley Greenway Plan Page 85 _ Table 6-1: implementation Strategies 2018 ~ continued) Goal^ Objectives Strategies 2. Funding Assure adequate funding to meet Maintain a regional, multi -year funding plan that identifies fiscal Assist localities with securing multiple funding sources and exploring innovative the goals for construction and maintenance of the greenway goals and sources of continuous funding for greenway construction funding possibilities such as bonds, stormwater fees, private grants, and network. and maintenance. partnerships. Pursue new sources of revenue. Continue to seek federal and state grants. Provide and encourage appropriate Pursue fund raising activities such as recognition of donors. charitable donations, festivals, races, and other fundraising events. Encourage adequate funding for each locality's Capital Improvement Program, capital maintenance fund, and operations and maintenance budgets. Maintain a donation program to allow private donation of greenway amenities such as water fountains, bike racks, trees, and benches. Solicit and efficiently utilize corporate donations, and develop ways to recognize those donors. Maintain a list of specific trail sections or components that could be funded by private monies. Utilize Scouts, schools, civic groups, and other volunteer partnerships for installation of amenities such as kiosks, benches, landscaping, and mile markers. Gallop for the Greenways is an annual fundraiser to support greenway construction. Page 86 2018 Roanoke Valley Greenway Plan Table 6-1: Implementation Strategies 2018 continue Goal Objectives Strategies 3. Land Acquisition Support a land acquisition program that provides rights-of-way needed for greenway construction. Encourage and assist localities with land acquisition for each project within time lines that dovetail with construction schedules. Identify properties, easements, and rights-of-way being acquired for other purposes to determine if greenway easements can be incorporated. Work cooperatively among local Continue to be involved in the utility jurisdictions to coordinate land easement process so that greenway acquisition across jurisdictional easements can be considered where boundaries, appropriate. Work with planning staff to refine local zoning ordinances to encourage and protect greenway corridors. Encourage developers to include greenway easements and greenway construction within new developments. Utilize corporations and chambers of commerce to support development of trails within industrial/business complexes. Utilize platted easements to protect greenway corridors, and incorporate those into jurisdictional mapping systems and comprehensive plans. Monitor rail and road abandonments for _p2tentjajlreenway development, Conservation-minded landowners make greenways possible. 2018 Roanoke Valley Greenway Plan Page 87 Page 88 2018 Roanoke Valley Greenway Plan Objectives s Strate ies Goal 4. Community Outreach and Education Develop a community outreach and education program that provides information on greenway opportunities, benefits, and user safety. Support an outreach program that communicates the economic, health, environmental, and quality of life benefits of the greenway system. Partner with locality staff to expand communications to provide users with current information on projects, events, trail locations, maps, trailheads, closures, safety campaigns, meetings, upcoming development, and trail amenities. Increase awareness of greenway implementation efforts through a Provide greenway marketing information to the economic development comprehensive marketing strategy. departments of the local jurisdictions. Expand environmental education programs, historic information, and Continue cooperation with the Regional Partnership, Roanoke Outside, and service opportunities through Virginia's Blue Ridge in promoting cooperation with multiple partners. greenways and trails beyond the Roanoke Valley to attract new businesses and enhance the valley's value as a tourism destination. Promote responsible use of the Expand signage and other methods of greenways, common etiquette, and encouraging greenway etiquette. practices and activities compatible with multi - modal, shared use. Encourage schools to embrace Expand outreach and market greenways greenways as an avenue for safe routes to schools, fitness, and and their benefits to residents through club and neighborhood meetings, civic reduced transportation costs. associations, and business groups. Standardize use of the greenway logo on trail signs, maps, and marketing materials. Expand the volunteer and volunteer recognition programs. Improve social media outreach and website design for more intuitive navigation and broader reach. Work with locality staff to educate greenway users about methods of managing greenway corridors beneficial to water quality, such as reduced mowing. Continue to support the Greenway Ambassadors program and consider expansion into other localities. Develop an assessment of the economic im act of reenwa s locally. Page 88 2018 Roanoke Valley Greenway Plan Goal Objectives strategies 5. Organizational Structure Clarify the roles and responsibilities Clarify the roles and responsibilities of Utilize the organizational structure for implementing the Greenway Plan. each locality, the Greenway Commission to effectively and efficiently and volunteers in implementation of the implement the Greenway Plan, as Greenway Plan and specific projects. Identify staffing needs of the localities updated, and manage the growing greenway system. and Greenway Commission to meet responsibilities of each in implementing the Greenway Plan and managing and maintaining the greenway network. Utilize annual action plans for localities and committees to keep projects and activities focused and on schedule. Maintain partnerships with agencies, nonprofits, and volunteering or anizations. Establish a permanent storage system for preserving greenway records. Review local and state ordinances pertaining to greenways and trails to identify commonalities and deficiencies and to encourage consistent rules _ enforceable by code. 6. Greenway Management Encourage best management Work with legal departments to develop Assist the localities with practices in maintenance and any ordinances needed to effectively management of the greenway management of greenway_ manse greenways. network to meet user needs, Facilitate coordination among Encourage the involvement of law provide a range of experiences in a greenway managers to address enforcement and emergency safe and secure environment, and management issues and develop management personnel in design and protect the natural resources. consistent responses. management of greenways and in incident re ortin . Provide alternative resources and Improve methods for users to report volunteers to manage the growing problems or conditions on greenways. greenway network. Cooperate with the Regional Schedule regional meetings among staff Commission on tracking performance managing greenways to share methods measures and growth of the and experiences. greenway network. Identify greenways in locality mapping and geographic informations stems. Promote adopt -a- greenway programs and other methods for volunteer assistance to reduce maintenance costs. Support management departments in securing additional maintenance funding. Continue to track greenway use and trends. 2018 Roanoke Valley Greenway Plan Page 89 Appendix A Intergovernmental Agreement Establishing the Roanoke Valley Greenway Commission Appendix A - 1 AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT ESTABLISHING THE ROANOKE VALLEY GREENWAY COMMISSION Appendix A - 2 AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT ESTABLISHING THE ROANOKE VALLEY GREENWAY COMMISSION July 1, 2016 This Amended and Restated Intergovernmental Agreement Establishing the Roanoke Valley Greenway Commission is made as of this 1 s' day of July, 2016, by and among the City of Roanoke, Virginia, the City of Salem, Virginia, the Town of Vinton, Virginia, the County of Roanoke, Virginia, and the County of Botetourt, Virginia. PREAMBLE A. The City of Roanoke, the City of Salem, the Town of Vinton, and the County of Roanoke ( "Original Participating Localities ") entered into an Intergovernmental Agreement Establishing the Roanoke Valley Greenway Commission in 1997 ( "Intergovernmental Agreement ") and revised the Intergovernmental Agreement in 2008. B. The Original Participating Localities desire to amend and restate the revised Intergovernmental Agreement to allow the County of Botetourt to join the Roanoke Valley Greenway Commission as a participating locality. C. The Original Participating Localities and the County of Botetourt have submitted this Amended and Restated Intergovernmental Agreement Establishing the Roanoke Valley Greenway Commission ( "Agreement') to their governing boards for approval, and each locality has approved the Agreement in accordance with Section 15.2- 1300, Code of Virginia (1950), as amended. D. The Original Participating Localities and the County of Botetourt (collectively, the "Participating Localities ") agree that this Agreement shall amend, restate and replace the revised Intergovernmental Agreement. 1. PURPOSE The purpose of the Roanoke Valley Greenway Commission ( "Commission ") is to promote and facilitate coordinated direction and guidance in the planning, development, and maintenance of a system of greenways throughout the Roanoke Valley. 2. BENEFITS OF A GREENWAY SYSTEM This greenway system, in which each greenway is owned and operated by the Participating Locality in which it is located, is intended to enhance the quality of life for Valley citizens and visitors and to: Appendix A - 3 (a) Provide safe and efficient alternative transportation linkages among recreational sites, open spaces, residential areas, employment centers, educational and cultural facilities, and other activity centers; (b) Encourage citizen wellness and maintain environments which promote opportunities for recreation activities; (c) Protect environmental assets and retain beneficial ecological habitats; (d) Maintain a contiguous urban forest ecosystem to reduce community wide environmental problems such as excessive storm water runoff, air quality degradation, water pollution, and urban climate change; (e) Promote an appreciation for the Valley's natural, historical and cultural resources and its neighborhoods; (f) Protect and link significant remnants of the community's undeveloped open spaces, woodlands, and wetlands; and (g) Enhance the Valley's appearance to encourage tourism, promote economic development, and improve the living environment for residents. 3. EFFECTIVE DATE, ESTABLISHMENT OF COMMISSION, AND PARTIES TO THE AGREEMENT This Agreement, and any amendments thereto, shall be effective, and the Commission shall be established, pursuant to §15.2 -1300, Code of Virginia (1950), as amended, upon its execution pursuant to the authority of ordinances adopted by the governing bodies of each of the City of Roanoke, the City of Salem, the County of Roanoke, the Town of Vinton, and the County of Botetourt, each herein being referred to as a "Participating Locality ". Additional participating localities may be added as parties to this Agreement upon unanimous approval of an amendment to this Agreement by the existing Participating Localities and upon adoption of an ordinance by the governing body of the locality requesting to be added. 4. RESPONSIBILITIES AND DUTIES The Commission shall have the following responsibilities and duties: Appendix A - 4 (a) To study the needs of the Roanoke Valley and the desires of the Valley residents as expressed in the Roanoke Valley Conceptual Greenway Plan, dated December 1995, the 2007 Update to the Roanoke Valley Conceptual Greenway Plan, and other Roanoke Valley Greenway Plan updates, as amended; to review these plans every five years and revise as necessary; and to encourage inclusion of a coordinated system of greenways into each Participating Locality's planning efforts; (b) To advise and inform the governing bodies and the citizens of the Valley of existing, planned, and potential opportunities for establishing greenways within the Valley; (c) To make recommendations to the governing bodies relative to desirable federal, state, and local legislation concerning greenway programs and related activities; (d) To investigate, recommend, and help solicit funding, grants, and /or donations of land, property or services from the Commonwealth of Virginia, the United States of America, their agencies, private citizens, corporations, institutions and others to promote, construct or maintain greenways within the Roanoke Valley; (e) To study and recommend uniform standards for the design and construction of greenways, including sign standards, to be employed Valley -wide; (f) To actively pursue and promote public /private partnerships, work closely with nonprofit organizations, and facilitate cooperation among Valley governments in developing, constructing, and maintaining a system of greenways throughout the Valley; (g) To coordinate the efforts of the federal, state and local jurisdictions in the Valley to create a Valley -wide system of greenways and trails that satisfy the needs of all the residents of the Valley, including those with special needs; (h) To assist the Participating Localities with developing project plans and timetables for greenways and with defining roles and responsibilities for each project; and (i) To coordinate with Pathfinders for Greenways, Inc. in its use of volunteers to assist Participating Localities with construction Appendix A - 5 and maintenance of greenways and in its solicitation of private sector funding for greenway development. 5. MEMBERSHIP (a) The Roanoke Valley Greenway Commission shall be composed of members, appointed as follows: (1) Up to three (3) members from each of the Participating Localities to be appointed by the governing bodies, each for a term of three (3) years, with appointments to be staggered. Each member shall be a resident of the locality which he or she represents; (2) One (1) member appointed by the Roanoke Valley Transportation Planning Organization for a term of three (3) years; (3) Up to two (2) staff members from each of the Participating Localities, appointed by the chief administrative officer; and (4) One member appointed by Pathfinders for Greenways, Inc., the nonprofit group established to support greenways in the Roanoke Valley. (b) In addition to the above members, one representative from each of the following organizations shall serve as a non - voting member of the Greenway Commission: (1) The Western Virginia Water Authority; (2) The Roanoke Valley Alleghany Regional Commission; and. (3) Such interested organizations as the Commission may approve. (c) A vacancy for the remainder of any term of any member shall be filled by the governing body or person making the original appointment. Appendix A - 6 (d) The members of the Commission shall serve without compensation. 6. MEETINGS (a) The Commission shall hold regular meetings at least once per quarter each calendar year. All meetings and hearings of the Commission shall be open to the public, except closed meetings may be held pursuant to the provisions of the Virginia Freedom of Information Act. Reasonable notice of the time and place of all regular and special meetings shall be given to the public. Meetings shall be called by the chair or upon request of a majority of the members. (b) The Commission shall adopt bylaws necessary to conduct the affairs of the Commission. 7. OPERATING REVENUE (a) The Commission shall not operate as a fiscal agent. (b) Funding for the Commission shall be administered through an agreed -upon fiscal agent. (c) The Commission shall adopt an annual budget. (d) Operating revenue for the Commission shall be funded by the Participating Localities on an equal per capita basis as determined by the most recent population estimates of the Weldon Cooper Center for Public Service of the University of Virginia. (e) Annual funding requests from the Commission shall be made by February 1 of each year to the governing bodies of the Participating Localities. (f) The Commission shall be authorized to apply for and receive, through its fiscal agent, grants and donations for use in support of the greenway program. Appendix A - 7 8. ADMINISTRATION (a) An annual report shall be prepared and submitted to the governing body of each Participating Locality each calendar year. (b) The Commission may establish any committees necessary to fulfill the responsibilities and duties of the Commission. 9. DURATION (a) This Agreement shall remain in force until terminated or modified by action of the governing bodies of all Participating Localities. (b) A Participating Locality may withdraw from this Agreement by adoption of an appropriate ordinance. 10. AMENDMENTS This Agreement may be amended only by approval by the governing bodies of each Participating Locality. 11. LIABILITY To the extent permitted by law, the Participating Localities agree to indemnify, keep and hold the members of the Commission and its staff free and harmless from any liability on account of any injury or damage of any type to any person or property growing out of performance of the duties and responsibilities imposed by this Agreement. In the event of any suit or proceeding brought against members of the Commission or its staff, the Participating Localities shall pay reasonable costs of defense. Any costs of the Participating Localities under this section shall be shared on a per capita basis as determined by the most recent population estimates of the Weldon Cooper Center for Public Service of the University of Virginia. SIGNATURES APPEAR ON FOLLOWING PAGES Appendix A - 8 WITNESS our hands and seals as of the date set forth at the beginning of this Agreement. ATTEST: w rr V�` `. Approved as to form: Lu'soff. u •zoo G City Atto y Approved as to form: County Attorney ATTEST: w Y r • f CITY ROANOKE B- -- - -- Christopher P. Morrill, City Manager Ordinance Number 40508 - 051616 COUNTY OF ROANOKE Thomas C. Gates, County Administrator Ordinance Number 052416 -1 CITY OF SALEM By Byron 50dolph Foley, Ma or Ordinance of May 9, 2016 Appendix A - 9 ATTEST 1 ,Lw,h( &,, ,. Town Clerk Approved as to form: r � Town Attorne ATTEST: County Clerk Approved as to form: County Attorney TOWN OF VINTON `11.,x4 ,. mpson, Tow6 Manager Ordinance Number 971 COUNTY OF BOTETOURT By u-� Gary Larro e, County Administrator Ordinance Number 16 -06 -10 Appendix A - 10 Appendix B 2017 On -line Survey Questions and Responses Appendix B -1 reenway Plan Update Public Input Survey Monday, April 24, 2017 %woreu by A Survey Monkey Q1: How often do you use the Valley's greenways? Answered 534 Skipped:8 0.ufy On— a week' ro .�nnaAh NaYOr ' 0% 10% 10% 30% 40% 50% 80% 70% 90% 90% 100% Surveymonkey Q1: How often do you use the Valley's greenways? Answered: 534 Skipped 8 Answer Cho—. Rraponsrts Dads 75.84'. Once a weer 45.88' Once a month 73.18 tkvd. TOW Sb� SurveyMonkey Appendix 8 - 3 Q2: How do you access the greenways? Answered 529 Skipped: 13 I walk to the 01 eenway bike to the dr rtrtnway Itake pubkc ! b arse 10 t... rh to the 111 it eenway 0% 10% :0% 70% 40% 50% 50% 10% 80% 50% 100% SurveWHOnkey Q2: How do you access the greenways? Answered: 529 Skipped: 13 Answer Choices kesporlxns. 1 '34 to If* gleenwoy 1 b4 a to the gl eenway 18.53° 1 caN a pWkc uartsit to site geenhay ns r I :Mae t0 the yrCMt WAY J_63 Total ltesponderts: 09 SurveynOnkey Appendix 8 - 4 Q3: How far is your home from the nearest greenway? Alaswi,tod 533 Skipped 9 I can walk � +I bike to tha... 1 can walk of btke to the... 1 can walk of i bike. to the... 1 camul .alcy walk ... 0% 10% 20% 30% 40% 50% 60% 70% 00% 90% 100% SurveyMonkey Q3: How far is your home from the nearest greenway? Answered: 533 Skipped 9 Answer Choices t can wad of bde io the greenway n li ✓e nwwtes or less 1can wad w Watothe{keenway mbetween5to 10mututed I C:m wad m bd a to the iy "AW41v m W &ecn 10lo 2d nwx#ei I c;eowt SaWy wad a bd a to a gre- Wa V Nom my house Total ' SurveyMonkey Appendix B - 5 Response. n.16•: n.7dv. 16.78% ... 01."% 533 Q4: Which greenways do you use? Select all that apply. Answered 527 Sktplmd: 15 PomuMc Rt- Gtemtw,y C.-. Mill Mnunum it,ils /:nvtns Covc R,tls Po,twke Rivet Gtetnw,y C... Mill Motutbkt Gteenway Wd,ot Creek Gm —way Ponwkt Pivot "...&V AL... ■ Mill Ay Rim S GI tenw,y Q4: Which greenways do you use? Select all that apply. Answered: 527 Skipped: 15 Answet Chokes Ptgtonses Po3ntla Power Gieenw3v - City of P03t1o14 81.21% J_ ?- M t-1otv3atn Tr dlt'+ 10234: .. ,. C3rvns Cove itads 39.285: _. P03Wt Pirvet GfCMw3V -CRY of SaVelil 37.76, - tNV lAOUrR3k'1 Gteenway 7L5i• /. . TvN.n Geel. Gtetnwuy 33AI% Paar #e Piuct Greenw3Y 31 Green HN Pmt. 32,5A'M'" .. P.kvt3Y Rtn Gttrt »way E-Pfeie Pm F. haft U19% . 00 Pun Gremw3y 25241`. Hsftwn Pact B v),,ftetd 7, M 22.M. .. . - Teri of Clet4 Gteenw - Mokns 7ra*x3d 17.AC -: Appendix B - 6 Q5: Which greenway is your favorite? Select only one. Answered: 516 Skipped: 26 Romsoke RWe, Answered: 516 Skipped: 26 GlcenwaY t Aaswer Chokes r.a1VnIN (.I�Ve Poywfe Proel Cketnway CR'rof P,,YwIe T l al�tf CM oms Cove Trails Mul lay Rnn Lka1aY Rm Weenway G- eenwy Poanose M,w Glemway ` Csy of Salem Roanoke RWer Poanot a Psv& Greenway 31 Crten W Pw' Gleenwy - C... 'NoMCreel Creenway Roanoke R.— M t.swrtan Trails Gr ccnwy al... E- VANtpmt 71aft WoR Cleek Kaftwq Pack easflefurm Tr:at GI eenway UO Pun Gteenway MIR Melanaln TIM er CIte4 Gletnway T I alis LMi Ltgl%tain Gltmwa t gdul a Pal k S Tlana Q5: Which greenway is your favorite? Select only one. Answered: 516 Skipped: 26 Aaswer Chokes Responses Poywfe Proel Cketnway CR'rof P,,YwIe 47.5$ *: - CM oms Cove Trails 97'7114 Lka1aY Rm Weenway Poanose M,w Glemway ` Csy of Salem 7'17 Poanot a Psv& Greenway 31 Crten W Pw' US% , 3 'NoMCreel Creenway 4.559E .+ M t.swrtan Trails 3.7594. E- VANtpmt 71aft yam' Kaftwq Pack easflefurm Tr:at UO Pun Gteenway ?.1394 TIM er CIte4 Gletnway 2.939: LMi Ltgl%tain Gltmwa 1.TM: Appendix B - 7 Q7: How do you use greenways? Select all that apply. An%wewd 531 ;lypped 11 Recleatlon Esatctss Rsces of other 01 paniz -1 . 11.1.poii /tion to pot h oat ... to wslk pets — To en�oythr Rnawei Choices oatdools Pecleatron To show e.et�l5e vlsdor• mo1... ■ 8udwalc Mnp L anspatalron to get b om one pime to another S To was gels Q7: How do you use greenways? Select all that apply. Answered: 531 Skipped: 11 Rnawei Choices Responses Pecleatron e.et�l5e aa�srs � -, Paces of otim m garu--ed athMt everts. 2643% 3 L anspatalron to get b om one pime to another 92.6rl. To was gels 3114M. To espy dx oLXd" s4.37 To show vMols :Wore or me RoanyA 6'..::adey 32.5$% Sud..vat:hmg Ww. Fisf>rtg S.mi _ ihha ; Wease specdv y 3.f5ti TOM Rosponden1s: 539 Surveymonkey Appendix 8 - 8 Q8: What additional improvements or amenities would you like to see on existing greenways, and where? Select all that apply. Awn weivd .953 SkipWt d A9 Wrier IVAIMMns Mlm NIM HriYmis �. Nenches I�rcnlf news Ot I.AV1110111 IIr9011nri1011 kiosks Maps 5 PNynrnunda Q8: What additional improvements or amenities would you like to see on existing greenways, and where? Select all that apply. Answered: 453 Skipped: 89 Answer Chokes Responses "N OO MS 60.93`. : ^,Nn IouKans 49.01% I.km r.sar 51Ah6ns 23.42% Oenchc5 27.3T% .. PK— 8 e.s O, pn:mons M41% - 4114 nurtiw, l g515 14.13% •: s tA3ps 31.TY,. " a £.VCrce efµa,+l+xfe "1.04 TT.3T% TWAI RespO ac"Is: 133 Survey Monkey Appendix B - 9 Q9: Would you use a Greenways app on your smart phone or tablet to view maps, locations of amenities, closure notifications, event notices, and to report issues? Answr;red.530 Skiplmd 12 V' :. 110 M .. w 4O% SONG bi'. 'n•., u. '¢y Inp•; SurveyMonkey Q9: Would you use a Greenways app on your smart phone or tablet to view maps, locations of amenities, closure notifications, event notices, and to report issues? Answered: 530 Skipped: 12 Answer Choices Reepon— 60.75` Torn1 sou SurveyMonkey Appendix 8 - 10 Q10: How would you rate the maintenance (mowing, trash pickup, trail condition, etc.) of the greenways you use? Answered: 528 Skipped, 14 u,. r.rl'Hp Sur veyMonkr'ia Q10: How would you rate the maintenance (mowing, trash pickup, trail condition, etc.) of the greenways you use? Answered: 528 Skipped: 14 Pool fah Good Very Good ed" —d..q, lotal WmHldcd A,—jj, 41.16'° Surveyt4on4<ey Appendix B - 11 Q13: The Roanoke River Greenway is currently the top priority for completion, between Green Hill Park and Explore Park. Which greenway should be constructed or completed next? Select one. Answoted.440 Skipped: 102 Turkel Creek Gt eenw4y Murray Rnn frccnway Roanoke Rwet GO ecnway... 011m lf:wase .1 —dyl tick Run. Gt eenwry... Mason Leek Grecnway Back Creek , Gteeowry palerdle S Gleeltwry Q13: The Roanoke River Greenway is currently the top priority for completion, between Green Hill Park and Explore Park. Which greenway should be constructed or completed next? Select one. Answered: 440 Skipped: 102 Answer Choices Responses ivi(c( ttrtl G(etnway 20.l+fi 7.IWtay Ru+Gtemway +xrs�ti Poarrote Pryer Gteenway enenswm {konr C4een tW Pat; to Moregamery Cotady Lax:+ 1xlSK ONxr (please specdyi L ci Pun Greenway e.tenswns SAM 5.45% Mason CroN CdemwJ'i '" 836 creel G.eenway SANS Dale+i1e GceMway .. .. Mxict Gratnway Read i.tptatldal Presto ve 11r tit C VVWI eni) 1.15 "ro Gmden Greenway .!"t$ Glade c(eet Greenwa Appendix 8 - 12 Q16: Do greenways positively benefit the community? In what ways? (Check all that apply) Ans"md 470 Skipped 74 FnCOW a0e MQrr ova punnc ha,nn hnpr ova wader rrraklY Encour,0e nwr motou:e... Prtsm v.. ,■. I /al Ur aL.. Pr ovldc r ecr eanonal... Promote commrmsy sr... 0% t0% :0% 30% 40% 50% 60% 70% $01. S Q16: Do greenways positively benefit the community? In what ways? (Check all that apply) Answered: 470 Skipped 72 Answer Choices Responses En..ow age econcnac ,*'Me PmrN 67.66•. le"Ove PUK hearth 9?.13% 43? enWove Nmet Quaky 75.53% ,.. Encourag emn- swlorr_edtrmrspotMwi 7'1.0'1': •t" . Presto it natV al en�romraN 70.6aN. .. Rovrde recreaLonai opporltaxtreL 43.62',5 .14i� Pr crn,�te c anvrnmrt, :uni straai va�rae:tr n 110.434. 9 o'lal kcsl'+orkkrNS: 411) 5urveyMonkey Appendix B - 13 Q17: How important are greenways to the quality of life in the Roanoke Valley? Please rate importance below. Answered 477 Skrpped',65 MMMUM SurveyMonkey Q17: How important are greenways to the quality of life in the Roanoke Valley? Please rate importance below. Answered:477 Skipped:65 Nor Somnwhal ImpoAard 6I. 6n-y rota) We,gWd mgrogmtt uupmUrN mlpmlant Average 1.141, 21.591, 14.8 4` .t tl SurveyMonkey Appendix 8 - 14 Q18: Which locality do you live in? Anesmired 481 Skipped. fit Oolctoml Comity Roanokr. Comfy town o1 Venon [ey o1 ROJn011e. Cloy or seam. 1)ltx� tplcase Specify) 0% 10% :0% 30% 40% 50% 60% 70% 00% 90% 100% Q18: Which locality do you live in? Answered: 481 Skipped: 61 AnswefChokes Responses "elowt cowl y 1.69% - Rob" COWRY 10.1S% 7o Nn of `, coon Coy of FoanOle MAP /. ...� Coy of Salem 6.44% Othm (please specify) 10101 4H SurvegHonkey Appendix B - 15 Q19: What is your sex? Answered. 480 Skipped 62 f efnate Male Pr Olaf "M to answer 0% 10% " +% 30% 40% SO% GO% 70% 90% 40% 100% SurveyMonkey Q19: What is your sex? Answered: 480 Skipped: 62 Aoswer Choices Rooponass Femvr 49.38% ... tame 4LM. .. _ . Prefer " to :afswei 1.54% " Total 4" SurveyMonkey Appendix 8 - 16 Q20: What is your race /ethnicity? Choose all that apply. Answered 479 Skgrptrd 63 Mier Mack of AIIBan... Am-ei lean hahNi of _, Aswi tlNne NA W MINI OI... Ill 0.1 not to Ii—ef 0% 10% :0% 30% 40% 50% 60% 70% 60% 50% 100% Q20: What is your race /ethnicity? Choose all that apply. Answered' 479 Skipped 63 Answel Chokes Respwlses W1Mr WWI. Blacl a Alwan Ahlemm 0.63% Aw4vInind3n Q1 A13SIOnnatrvt 0,63 "a _ Asw 1.67% ,. ndtYe"aw ;thanN 04ht1 PXOl I•sfwxltt PI etef hot to answer Total Respondents: 479 Surveymonkey Appendix 8 - 17 Q21: What is your age range? Ansml ied: 481 Skipped: fit Under 9 9.34 m 35 • S1 W•TO IS and over Pf MCI 11Di 1 O a11a Wet Q'. 1" ". '10% AD% 10% 'n °. ?0% 930% [.% 11-1,. Q21: What is your age range? Answered: 481 Skipped 61 Answer Choices Responses LWL4 1e 0.2l'. to • 34 21.41% tt3 35.59 51.171/6 :.A9 60.74 22.455 75 alld ovv Pl efel Iwt to answer 3.S3/. That 411 SurveyHonkN Appendix B - 18 Q22: What is your household income range? Answered 475 Skg;)Iied: 67 Less than f1 S,090 per,... $15,0041. 1 $27.999 pet... f)S,Be01. 149.999 par ... fso.009 t. Answered: 475 Skipped 67 $14,999 pm ... . S ».44414 Leas than $15.000 per yea {99,999 pet... - f to0,o4o to W9.999 per... Ovar 4460,009 Pet W'at pr alar not t. 5 answer Q22: What is your household income range? Answered: 475 Skipped 67 Answer Choices Rtoponses Leas than $15.000 per yea 934% $15.000 to S24,9999et yea 3.19% ?` 5:5.000 to S49.99S pec yeti, 12'27% 5A.000to$74,999per yea 15.427. 575.000 to$99.959pet Yea 16.72t'. TWO 000 to $149,999 Pt, year 71.05% Cher $150.000 pet yea 12.42% Ctefer n01 to arawe 1w.27': .. Tow 72S Suryeyt-fonkey Appendix 8 - 19 Q23: Would you be interested in volunteering to help support greenways in any of the following ways? Answered. 221 Skipped. 321 Pathh"deln too Gteenway... Gt eenway Ambassadors.... Special f veld» 1e.Q. Gallop... f rdMr aislnq Other Iptcoov. ape cdy) t1•11 t 04e :0% 30% 40% SO% 60% 70% 80% 5O% 100% SurveyHonkoy Q23: Would you be interested in volunteering to help support greenways in any of the following ways? Answered: 221 Skipped: 321 Mm— Clocacss Responses PatMnder s tv Gr eenways itrai buoldnq and mamlename i 43.89', C,oeertway Aaarassa" s lyreenway rorxat —V NW edr 20w 79.45. Special Events (e g. Gallop 4 the Greenways) 46.117`,: ' ... Rax4 usnq 0.60% Other (Please specify; Told Rsspotn ntm. 721 SurveyMOnkp_y Appendix B - 20 Q24: Would you like to stay informed about greenway news, events and /or volunteer opportunities? Answered, 358 Sk4ppe(: 184 IM Yes, please comad me at 0% tD% 10% 30% 40% 1:0% 90% 701% W. - SurveyMonkey Q24: Would you like to stay informed about greenway news, events and /or volunteer opportunities? Answered: 358 Skipped: 184 Answer Choices Respmves H. 44.91`0 res. pk-ase comet W at 55.03'. Toth 353 .,Sur- yMonkey Appendix B - 21 Appendix C Public Input from 2017 Community Meetings Appendix C - 1 Flip Chart Notes from 2017 Community Meetings Station 1 Station 1 Station 1 Station 2 Station 3 Station 4 Comment Source GFC GFC Question #1 What is your vision for the regional greenway network? Question #2 What are the major connections needed within the Roanoke Valley? _ Question #3 What do you consider to be the top priorities for completion? What are the destinations you would like to access via greenway from your Question #1 neighborhood? _ __. __ _.__ _ _ — ---- ----- For Tinker Creek Greenway, what alignment would you support, what benefits do you Question #1 — see? Question #1 What solutions do you propose for management issues? GFC = Greenfield Flip Chart; MFC = Mountain View Flip Chart; FFC = Fishburn Flip Chart; SFC = South County Flip chart; GLFC = Glenvar Flip Chart; VFC = Vinton Flip Chart Station # - Question # Recorded Response 1 -1 Long continuous path for road biking 1 -1 Integrate Bike Route 76 with greenways 1 -1 Continued growth - increase activity to public lands 1 -1 Invest In nature routes, not through subdivisions 1 -1 !More interestwith continued progress beingshown 1 -1 Build greenways within building restricted areas and buffers 1 -1 Lighting that is compatible to use 1 -1 Capability to "overnight" and continue the next day on the greenway 1 -1 Separation of activities and add capacity in high usage areas 1 -1 Wider bicycle lanes 1 -1 Completion of Roanoke River Greenways to Explore Park 1 -1 More Greenways 1 -1 Use what is already existing 1 -1 Happy Valley and Carvins Cove trails also including carriage roads 1 -1 Connectivity to Appalachian Trail and small towns 1 -1 Connectivity wherever possible Date 3/21/17 3/21/17 GFC 3/21/17 GFC 3/21/17 GFC GFC GFC GFC GFC 3/21/17 3/21/17 3/21/17 3/21/17 3/21/17 GFC 3/21/17 GFC 3/21/17 GFC 3/21/17 3/21/17 3/21/17 3/21/17 3/21/17 GFC GFC GFC GFC GFC 1 -1 Stay on natural trails and out of subdivisions More opportunities for families, i.e. strollers 3/21/17 GFC 1 -1 3/21/17 GFC 1 -1 Connectivity for business, commuting, and recreation - Pub Runs 3/21/17 GFC GFC 1 -1 1 -1 Commuting and connectivity to business Connectivity of all greenways without being on highway or limited highway area Finish Roanoke River Greenway 3/21/17 3/21/17 GFC 1 -1 3/21/17 GFC 1 -1 Consider greenways for more than recreation - tourism, transportation, play grounds along the way, restaurants Tie urban and rural greenway areas together 3/21/17 GFC 1 -1 3/21/17 GFC 1 -1 Building connections, community through greenways, emotional connectivity _ 3/21/17 GFC GFC 1 -1 1 -1 Businesses as destinations on the greenway Connectivity from Salem to Botetourt County 3/21/17 3/21/17 GFC 1 -1 Would like Town of Buchanan tied into system 3/21/17 GFC 1 -1 Promote and use Bike Route 76 - even for hiking 3/21/17 GFC 1 -1 Complete Roanoke River Greenway first 3/21/17 GFC GFC GFC 1 -1 1 -1 1 -1 Connect Carvins Cove to Daleville around Tinker Mountain Connectivity is essential for continued improvement of quality of life and viability of communities Greenways building economic development 3/21/17 3/21/17 3/21/17 GFC 1 -1 Williamson Road to Planation Road to Carvins Cove to Daleville to Greenfield 3/21/17 GFC 1 -1 Connection to Flying Mouse 3/21/17 Appendix C - 2 Flip Chart Notes from 2017 Community Meetings Comment Source Station # - Question # 1 -1 +Need 1 -2 1 -2 Recorded Response main route In Botetourt and then build out from there Lexington Date 3/21/17 3/21/17 3/21/17 GFC GFC GFC Buchanan GFC 1 -2 1 -2 1 -2 1 -2 1 -2 1 -2 1 -2 !Access 1 -2 i 1 -2 Natural Bridge Fincastle Blacksburg Franklin County - Rocky Mount /Harvester; Wade Park Smith Mountain Lake Bedford - Montvale Park, Falling Springs, Peaks of Otter to Blue Ridge Parkway Town of Buchanan Roaring Run - north of Eagle Rock Dalevilie Town Center and Greenfield Sports Complex iClifton Forge and Bath County Cowpasture River Northwest corner of Botetourt County - Near Forest Service property ! Craigs Creek to New Castle - Old Rail-Bed, Buchanan Town Park Limestone Park Ele ntary School Arcadia Jennings Creek 3/21/17 GFC 3/21/17 GFC 3/21/17 GFC 3/21/17 - - -- - -- 3/21/17 3/21/17 3121117 3/21/17 3/21/17 3/21/17 3/21/17 3/21/17 3/21/17 GFC GFC GFC GFC GFC GFC GFC GFC GFC GFC GFC GFC GFC GFC 1 -2 1 -2 1 -2 1 -2 1 -2 2 -1 2 -1 2 -1 2 -1 3/21/17 3/21/17 3/21/17 3/21/17 3/21/17 3/21/17 C 3/21/17 3/21/17 l 3/21/17 3/21/17 GFC 2 -1 2 -1 RR Fincastle to Buchanan? - Mary Z Rai Purgatory Mountain l Bed? GFC GFC 2 -1 Gorge Road - trail? GFC GFC GFC 2 -1 2 -1 2 -1 2 -1 Roaring Run spur from Craigs Creek Trail DTC, Flying Mouse, Greenfield Connect "little" towns AT in Buchanan 3/21/17 GFC 3/21/17 GFC 2 -1 – Arcadia - Wilson Mountain _ 3/21/17 GFC 2 -1 Camp Bethel - National Forest 3/21/17 GFC 2 -1 Disc Golf Course 3/21/17 GFC GFC 2 -1 2 -1 New Communities /Apartment Complexes Not on my street 3/21/17 3/21/17 GFC 2 -1 Tinker Creek to Etzler Road 3/21/17 GFC 2 -1 ER - Patterson Creek 3/21/17 GFC 2 -1 �— Carvins Cove 3/21/17 GFC 2 -1 Troutville Town Park - AT — — 3/21/17 GFC 2 -1 Old river beds /Flood plain 3/21/17 GFC GFC 2 -1 T — 2 -1 Parallel to BR Parkway Reopening trails in Greenfield 3/21/17 GFC 2 -1 How would we cross Glebe Road? 3/21/17 GFC 2 -1 Read Mountain Trails 3/21/17 GFC 2 -1 Kroger area shopping center 3/21/17 GFC GFC 3 -1 3 -1 Consider using sewer line easement and railroad land Natural connection between Roanoke County and Botetourt County 3/21/17 3/21/17 GFC GFC 3 -1 Commuting Exit 150 /UDA: greenway beneficial to improvements 3/21/17 3/21/17 3 -1 GFC 3 -1 Connect greenway and biueways 3/21/17 Appendix C - 3 Flip Chart Notes from 2017 Community Meetings Comment Station # - Source Question # Recorded Response Date GFC 3 -1 Economic development: connect Carvins Cove and Hollins and Daleville 3/21/17 Concerns with parking lots not being patrolled (checking for parking fees at Carvins GFC 3 -1 Cove) 3/21/17 GFC 3 1 Greenway parking lots are "free" 3/21/17 GFC 3 -1 User confusion 3/21/17 GFC 3 -1 Policy? Revenue source 3/21/17 GFC 3 -1 3 -1 Phased approach - connect to Carvins Cove first (south Botetourt County) North Botetourt County - circular trails (looped) desired 3/21/17 3/21/17 GFC GFC 3 -1 Recreation (primary desire) 3/21/17 GFC 3 -1 Avoid extreme grades on greenways i 3/21/17 Why aren't trails in Greenfield paved? Surface not conducive for strollers. Improve ; GFC 3 -1 ,those trails first to create a destination. 3/21/17 GFC 3 -1 Avoid greenways in subdivisions (Fairview) - I 3/21/17 GFC 3 -1 Privacy concerns 3/21/17 GFC 3 -1 Safety concerns on Glebe Road, Country Club Road, and Orchard Lake 3/21/17 GFC 3 -1 ___._..- _ Assess cost - benefit 3/21/17 GFC 3 -1 Socialize and being outside 3/21/17 GFC � 3 -1 Commuter routes /connectivity 3/21/17 GFC " 3 -1 Hiking options in region are plenty, no need for greenways in subdivisions 3/21/17 GFC 3 -1 Market existing resources 3/21/17 Study of residents' desire to commute between Roanoke and Botetourt or use the GFC 3 -1 greenway for recreational use 3/21/17 GFC 4 -1 User Conflicts -Speed of bikes versus walking 3/21/17 GFC 4 -1 4 -1 4 -1 4-1 4 -1 User Conflicts - Walkers have headphones and can't hear callouts User Conflicts -Dogs in way - leash User Conflicts - Volume and congestion User Conflicts- Awareness of others Issues - People blocking greenway 3/21/17 3/21/17 3/21/17 3/21/17 3/21/17 GFC GFC GFC GFC -- - - -- - GFC 4 -1 Issues - People on wrong side 3/21/17 GFC 4-1 Issues- Bikes, speed 3/21/17 GFC 4 -1 Issues -Packs of runners 3/21/17 GFC 4 -1 Issues- Strollers 3/21/17 GFC 4-1 Solutions- Center line 3/21/17 GFC 4 -1 Solutions -Bike vs Ped Lane 3/21/17 GFC 4 -1 Solutions- Separation 3/21/17 GFC 4 -1 Issues- Bikes 3/21/17 GFC 4 -1 Issues -Dog walkers 3/21/17 GFC 4 -1 J Issues - Mother Nature - -Get cleaned up before opening 3/21/17 GFC 4-1 Issues- Width 3/21/17 GFC 4 -1 Issues- Pack runners _ 3/21/17 GFC 4 -1 Issues - Homeless /aggressive panhandling 3/21/17 GFC 4 -1 Solutions- Enforcement 3/21/17 __ -- ._.._ -__ GFC 4 -1 Solutions- Education 3/21/17 GFC 4 -1 Solutions- Broken window - visibility 3/21/17 GFC 4 -1 Volunteers 3/21/17 GFC 4 -1 Issues -Speed 3/21/17 GFC 4 -1 Issues -Where users are on trail 3/21/17 GFC 4 -1 Pssues Dog Leashes 3/21/17 Appendix C - 4 Flip Chart Notes from 2017 Community Meetings Comment Source GFC GFC: GFC GFC G I FC Station # - Question # Issues - Children - motorized Recorded Response Date 4 1 toy vehicles 3121117 4-1 Issues-Congestion [3/21/17 4-1 Issues not a ton of problems 3/21/17 4 1 Solutions-Go to different places to do different activities 3/21/17 4 1, Solutions -Aware of congestion 3/21/17 4 -1 Solutions-More width 3/21/17 4-1 Solutions-More trails 3/21/17 4-1 !Solutions- spread out users 3/21/17 4-1 limit 3/21/17 GFC GFC GFC GFC GFC GFC GFC —Solutions-Speed 4-1 41 14-1 4-1 4-1 Pets-poop Pets-leashes Pets-getting off trail Pets-what about wildlife? Pets-running into bears? -Pets-be aware of wildlife Pets-off leash pets Pets-Droppings Pets-Cleanup jPets - education 1(pets -trash cans ;Vandalism-Stealing signs Vandalism Issues-Broken fences 'Vandalism Issues-Homeless? Vandalism Issues-Signage Vandalism Solutions-Make stuff vandal proof Vandalism Solutions-Police and volunteers Vandalism-Theft of plants/items Vandalism- Get more users on trail Issues-Leashes-length 3/21/17 3/21/17 3/21/17 GFC GFC GFC GFC GFC GFC GFC GFC GFC GFC GFC 3/21/17 3/21/17 3/21/17 3/21/171 4-1 4-1 4-1 4-1 3/21/171 3/21/17 4-1 4-1 4-1 4-1 4-1 4-1 4-1 4-1 4-1 3/21/17 3/21/17 3/21/17 3/21/17 3/21/17 GFC GFC GFC GFC 3/21/17 3/21/17 3/21/17 3/21/17 GFC 4-1 4-1- 3/21/17 GFC 3/21/17 GFC 4-1 Issues-Picking up after pet 3/21/17 GFC 4-1 Solutions- Awareness 3/21/17 GFC GFC 4-1 4-1 Solutions-Enforcement/Law & Volunteer -- — -------- ---------_-- -- --- - ----- Signage-Situational 3/21/17 3/21/17 GFC 4-1 Signage-Mileage 3/21/17 GFC 4-1 Signage-Phone app to tell you where you are on the trail 3/21/17 GFC 4-1 Signage-Reminders in congested areas 3/21/17 GFC 4-1 Signage-need more signs /interpreter signs 3/21/17 GFC 4-1 Signage-not for safety or protection 3/21/17 GFC GFC 4-1 4-1 Signage-have good maps already Signage-limit in neighborhoods 3/21/17 3/21/17 GFC 4-1 Sign age-bath rooms 3/21/17 MFC 1-1 Be aware of personal privacy and safety 3/27/17 MFC 1-1 Protect the floodway and nature 3/27/17 MFC MFC 1-1 1-1 Fxpand commercial development along Plantation Road - coffee shops etc ------ ---- - — - ------ Be aware of hills and problems of getting in and out of greenway (access) 3/27/17 3/27/17 MFC MFC 1-1 1-1 Enhance Carvins Cove -- ---- Clearly marked trails - especially the natural trails 3/27/17 3/27/17 jMFC 11-1 Get to and through Explore Park 3/27/17 Appendix C - 5 Flip Chart Notes from 2017 Community Meetings Comment Station # - Source Question # Recorded Response Date MFC 1 -1 Connect downtown Roanoke to Vinton 3127117 MFC. 1 1 Anticipating access to cover the number of users 3/27/17 MFC 1 -1 !Branches off main greenway to serve specific areas 3/27/17 MFC Roanoke River Greenway needs to be completed 3/27/17 1 -1 MFC Connect neighborhoods, regions, and the Commonwealth 3/27/17 1 -1 MFC Connect to Craig Valley Scenic Trail 3127117 1 -1 Connect Roanoke River Greenway to Huckleberry Trail to New River Trail then MFC 1 -1 Beaches to Bluegrass 3/27/17 MFC MFC 1 -1 1 -1 Connect schools, parks, village centers Keep neighborhoods free of greenways 3/27/17 3/27/17 MFC 1 -1 Want Roanoke River and Tinker Creek to be completed and connected 3/27/17 MFC 1 -1 Connect, connect, connect. Build whole plan 3/27/17 MFC Greenways through neighborhoods 1 -1 3/27/17 3/27/17' MFC 1 -1 Be aware of personal privacy and property MFC 1 -1 Connect Breweries I 3/27/17 3/27/17 MFC 1 -1 West along Roanoke River to Montgomery County 1 -1 1 -2 3/27/17 3/27/17 MFC MFC Complete Plantation Road region to downtown Could be gaps-don't have to connect MFC 1 -2 Connections for Hollins University and Roanoke College 3/27/17 MFC 1 -2 Hollins University to Blue Ridge Parkway 3/27/17 MFC MFC 1 -2 1 -2 'Hollins Road to Shadwell- Deschutes Daleville 3/27/17 3/27/17' Hollins University 3/27/17 MFC 1 -2 MFC 1 -2 Carvins Cove 3/27/17 3/27/17 MFC 1 -2 Poor Mountain and Read Mountain Reserve MFC 1 -2 Connect to Daleville 3/27/17 MFC 1 -2 North County to Salem 3/27/17 MFC 1 -2 More connection to Carvins Cove 3/27/17 MFC 1 -2 More connections to Read Mountain Preserve 3/27/17 MFC — 2 -1 Connection to Carvins Cove 3/27/17 MFC 2 -1 Connections to DTC /Greenfield 3/27/17 MFC 2 -1 Eagle Rock 3/27/17 MFC 2 -1 Troutville to BRP 3/27/17 MFC 2 -1 Buchanan to BRP 3/27/17 MFC 371 Connectivity to the AT, Carvins Cove, to Roanoke River Greenway (Hollins Community) 3/27/17 MFC 3 -1 Botetourt County – Craig River Scenic Trail connectivity 3/27/17 MFC Concerns with privacy and seclusion (safety), trash, trespassing, enforcement 3/27/17 ---3-1 MFC 3 -1 Consideration for off -creek routes 3/27/17 MFC Topography issues _ 3/27/17 –3-1 MFC 3 1 Hollins University connection to Downtown Roanoke _ 3/27/17 MFC 3 -1 Design needs to be open, visible, secure and monitored 3/27/17 MFC 3 -1 VDOT coordination on Plantation Road 3/27/17 MFC 3 -1 Connection to Deschutes 3/27/17 MFC 3 -1 Concerns with residential properties and topography 3/27/17 MFC 3 -1 Connection through Hollins University 3/27/17 MFC 3 -1 No public park in backyard 3/27/17 MFC 3 -1 Elizabeth Arden (railroad line opportunity) 3/27/17 Appendix C - 6 Flip Chart Notes from 2017 Community Meetings Comment Source lVF(_ MFC MFC MFC MFC MFC MFC MFC MFC MFC Station # - Question # Recorded Response 3-1 Don't feel comfortable walking in people's backyards 3-1 lake advantage of mountain views 3-1 Gaps in system are okay 3-1 Concerns with school safety and public greenway 3-1 ':Concerns with horses 3-1 Preservation of historic structures along Tinker Creek 4-1 User Conflicts -Legal liability 4-1 User Conflicts- Promote courtesy-How to Use/Pamphlets 4-1 User Conflicts- Safety tips 4-1 User Conflicts- Skateboards, rollerblades 4 1 User Conflicts- Does experience lead to less incidents? 4-1 User Conflicts- Concern with bike speed 4-1 ,User Conflicts-Distracted users 4-1 —1-user Conflicts- Speed limit signs 4-1 User Conflicts-improve width 4-1 User Conflicts-Time limits for bikes 4-1 User Conflicts- Enforcement/Policing 4-1 User Conflicts-Encourage bikers to use other trails/greenways 4-1 User Conflicts- Weekend challenges 4-1 User Conflicts- Dividing line 4-1 User Conflicts-Have bikers announce w bells or calling out 4-1 User Conflicts-Signs - simple signs 4-1 'User Conflicts-Pavement arrows Date 3/27/17 3/27/17 3/27/17 3/27/17 3/27/17 3/27/17 3/27/17 3/27/17 3/27/17 3/27/17 MFC 3/27/17 MFC 3/27/17 MFC MFC 3/27/17 3/27/17 3/27/17 3/27/17 MFC MFC MFC MFC MFC MFC MFC MFC 3/27/17 3/27/17 3/27/17 3/27/17 3/27/17 3/27/17 MFC 3/27/17 MFC .MFC-.- MFC 4-1 4-1 4-1 4-1 User Conflicts-Bike lanes on greenway User Conflicts- Conflict between walkers and cyclists --------- - !User Conflicts- Distracted walkers I User Conflicts- Yellow line dividing traffic-effective 3/27/17 3/27/17 3/27/17 MFC 3/27/17 MFC 4-1 User Conflicts- Discourage fast riders 3/27/17 MFC 4-1 User Conflicts- Greenways for all users 3/27/17 MFC 4-1 User Conflicts- Protect vulnerable users 3/27/17 MFC 4-1 User Conflicts- Fast cyclists use roads 3/27/17 MFC MFC 4-1 4-1 User Conflicts-Longer Greenways will create fast riders -------- --- User Conflicts- Advanced notice for events/races 3/27/17 3/27/17 MFC 4-1 Vandalism-Police Presence? 3/27/17 MFC 4-1 Vandalism- Prevalent at night 3/27/17 MFC 4-1 Vandalism- More trashcans 3/27/17 MFC 4-1 Vandalism- Campsites in warmer weather 3/27/17 MFC 4-1 Vandalism- Lighting 3/27/17 MFC MFC 4-1 4-1 Vandalism- Greenway Ambassadors �Vandalism- Protect private property 3/27/17 3/27/171 MFC 4-1 T Vandalism- Who polices? 3/27/17 MFC 4-1 Vandalism- Wooded sections 3/27/17 MFC 4-1 Vandalism- Irresponsible people 3/27/17 MFC MFC 4-1 4-1 Vandalism- "Leave no trace" Vandalism-Landscaping deters 3/27/17 3/27/171 MFC 4-1 4-1 Vandalism- Inevitable Vandalism- Correlation with neighborhoods 3/27/17 3/27/17 MFC IMFC 14-1 Vandalism- Mile Markers vandalized 3/27/17 Appendix C - 7 Flip Chart Notes from 2017 Community Meetings Comment Station 'on # - Source Question # jRecorded Response Date MFC. 4 1, Vandalism- More people less vandalism 3/27/17 MFC 4-1 Vandalism- Littering – also an issue 3/27/17 MFC 4-1 --------------- Vandalism- Historical artifacts 3/27/17 MFC 4-1 ',Vandalism- Keep users away from 3/27/17 MFC 4-1 Vandalism-More trash cans MFC 4 -1 _3/27/17 Vandalism- Solar lights 3/27/17 MIC 4-1 Vandalism- Litter 3/27/17 MFC 4-1 Vandalism- "Adopt a Greenway' 3/27/17 MFC 4-1 Pets-Leash 3/27/17 MFC 4-1 Pets -Clean up waste 3/27/17 MFC 4-1 Pets-control vicious animals 3/27/17 MFC 4-1 _Pets- Generally under control 3/27/17 MFC 4-1 Pets-Subject to same rules for parks 3/27/17 MFC 4-1 Pets- Doi Park near Greenway 3/27/17 MFC 4-1 iPets- Issues with long leashes 3/27/17 MFC 4-1 ,Pets-Leashes should be required 3/27/17 MFC 4-1 Pets- Pet waste not picked up 3/27/17 MFC 4-1 Pets- More pet stations 3/27/17 MFC 4-1 Pets- Monitoring 3/27/17 MFC 4-1 Pets- Wastebag dispensers 3/27/17 MFC 4-1 Pets-Horses/clogs use grass 3/27/17 MFC 4-1 Pets- Homeowners' pets affected by users' pets 3/27/17 MFC 4-1 Wayfinding/Signage -Parking signs needed 3/27/17 MFC Wayfinding/Signage- Adequate parking 3/27/1 4-1 MFC 4-1 Wayfinding/Signage- Mile markers helpful 3/27/17 MFC 4-1— Pavement markers 3/27/17 MFC 4-1 Wayfinding/Signage- Greenway ends at 13th St 3/27/17 MFC 4-1 Wayfinding/Signage-Need sign to Tinker Creek 3/27/17 MFC 4-1 Wayfinding/Signage-Signs identifying private land 3/27/1 MFC 4-1 Wayfinding/Signage-Posting notices for events 3/27/17 MFC 4-1 Wayfinding/Signage- Too many signs create confusion 3/27/17 MFC 4-1 Wayfinding/Signage-Sign for Carvins Cove trail off of Plantation Rd. and trail markers 3/27/17 MFC 4-1 Wayfinding/Signage-Pavement arrows at same place indicating direction 3/27/17 MFC 4-1 Wayfinding/Signage-Online map helpful 3/27/17 MFC 4-1 Wayfinding/Signage- Vinton trail hard to find 3/27/17 MFC 4-1 Wayfinding/Signage- Trouble finding blueway access particularly Roanoke River 3/27/17 MFC 4-1 Wayfinding/Signage-Guides/Tours 3/27/17 Wayfinding/Signage- Hard to find Read Mountain Preserve-Access at different MFC 4-1 locations 3/27/17 FFC 1-1 Cave Spring to Roanoke River Greenway 3/30/17 FFC 1-1 Tinker Creek – connect at 81 3/30/17 FFC 1-1 Fishburn to Roanoke River Greenway 3/30/17 FFC 1-1 Roanoke River Greenway to Montgomery County, VT 3/30/17 FFC 1-1 Explore Park to Westlake 3/30/17, IFFC 11-1 More signage 3/30/171 Appendix C - 8 Flip Chart Notes from 2017 Community Meetings Comment Station # - Source Question # Recorded Response - - --- - --------------------------- 7 Date Roanoke River Greenway to Smith Mountain Lake — Ferrum, Hollins, Craig Valley, Jamesi, FFC 1-1 (River Trail, Parkway, Huckleberry, New River Trail, Bluegrass in SW Tobacco Trail 3/30/17 FFC 1-1 Widen Parkway 1 �_3/30/17 FFC ----- ------- — --------- 1-1 Connect to neighborhoods/signage 3/30/17 FFC 1-1 More sidewalk connectivity/city and counties. Better coordination. 3/30/17 FFC 1-1 Colonial Ave safety/ pedestrian connectivity 3/3.0/17 FFC 1-1 !Connecting business areas 3/30/17 FFC 1-1 Attract businesses & services, signage directing to businesses 3/30/17 FFC 1-1 Tie in Tanglewood changes 3/30/17 FFC 1-1- C"docating with Rail 1-1 Bike Share/Carilion to population, business _3/30/17 3/39/17 FFC FFC 1-1 'Divided/Share use 3/30/17 FFC 1-1 Connect with buses Huckleberry 3/30/17 3/30/17 FFC 1-1 Roanoke River Greenway to 3/30/17 FFC 1-1 Mill Mountain Campground 1-1 Camping? FFC 3/30/17 FFC --------- - — - ------- --- 1-1 Bike camping at Explore 3/30/17 3/30/17 FFC 1-1 More Bluewayacc.ess 3/30/17 FFC 1-1 ITanglewood connect/big parking lot FFC 1-1 Countryside — connect with Peters Creek 3/30/17 3/30/17 1-1 _FFC FFC 1-1 419 1-1 Yellow Mountain trails to Mill Mountain & Star 11-1 Better at connections 1-1 McAfee to Hanging Rock 1-1 Parallel 460E connect to Botetourt 3/30/171 FFC 3/30/17 FFC 3/30/17. FFC 3/30/17 3/30/17 FFC Greenway on Shenandoah Life Property (scribe's note: one red star and six blue dots FFC 2-1 were placed next to this comment) 3/30/17 3/30/17 FFC 2-1 Good South Roanoke greenway connection FFC 2-1 Bridge at Dr. Pepper Park to Roanoke River Greenway 3/30/17 FFC Handicap accessible 3/30/17 FFC 2-1 Connect north/south to NW/NE 3/30/17 FFC 2-1 Tinker Creek connection to Roanoke River — Avoid steep hill 3/30/17 FFC 2-1 Bike lane Route 24 @ Vinton to Wolf Creek & Parkway 3/30/17 Connect with 419 Plan/Apperson/Meirose/(scribe's note: one blue dot was placed on Melrose, and the following additional connections were listed in pen along the side of the paper) Peters Creek, 220, Parkway, Williamson, Jefferson, Garden City, Route 24, FFC 2-1 Virginia Ave, Gus Nicks, Route 460, Hollins, Plantation Murray Run cross walk at Brambleton Tie to Valley View Hotels 3/30/17 FFC 2-1 3/30/17 FFC 2-1 3/30/17 FFC 3-1 Separation or safety measures between on-road greenway and Plantation Road 3/30/17 FFC 3-1 Utilize right -of- corridors with railroad to get to Botetourt 3/30/17 FFC 3-1 13th St to East Gate Park — Mountain bike 3/30/17 FFC 4-1 Need a center line paved trails (two check marks beside this note) 3/30/17 FFC 4-1 Like the rhymes — nice reminders (one check mark) 3/30/17 FFC 4-1 Improved connections b/w bike lanes & greenways — color 3/30/17 IFFC 14-1 Garbage cans @ P.L. & in between 1 3/30/171 Appendix C - 9 Flip Chart Notes from 2017 Community Meetings Comment Source FFC FFC FFC Station # - Question # Recorded Response 4 1 Trash can near parking lot pulloff near Monument on Mill 4 -1 Better signage on dog poop dispensers 4 -1 Kudzu & invasives – pygmy goats? Better ADA accessibility - alternate b/w Golden, Tinker, WTP in Roanoke – grading 1 4 1 (one check mark) 4.1 Fire & EMS collaboration on greenway locations 4 -1 ;Text # for issues /email /social media (two check marks) 4 -1 Simple more frequent signage for most important things 4 -1 Earbuds? Yes or no 4 -1 Shenandoah Life land priority 2 w/ Murray Run Greenway 4 -1 More obvious littering violation signs 4 -1 Proposed single use days – bike night vs run night 4 -1 Mapped locations of bathrooms 4 -1 Bathrooms open year round or earlier in search (Possibly meant to be season ?) 4 -1 Additional bathrooms needed in Salem b/w Rotary and WTP in Salem 4 -1 Rotary Park – curb to Hampton Inn near hospital – sidewalk extension 4 -1 Trash can on greenway in Smith Park near river _ 1 _ _ _ _ __ 4 -1 jApp 4 -1 17witter 4 -1 QR codes that link to website appropriate __._------ .__�_ —.�_ 4 -1 Bike fix stations /First aid stations (check mark) 4 -1 Public art /functional art Date 3/30/17 3/30/17 3/30/17 3/30/17 3/30/17 FFC FFC FFC FFC FFC FFC FFC FFC FFC FFC 3/30/17 3/30/17 3/30/17 3/30/17 3/30/17 3/30/17 3/30/17 3/30/17 3/30/17 3/30/17 FFC FFC FFC FFC FFC 3/30/17 3/30/17 3/30/17 FFC 3/30/17 _. FFC 3/30/17 FFC 3/30/17 FFC 4 -1 Creative nighttime light /Blue lights 3/30/17 FFC 4 -1 Widen greenway in high traffic areas (check mark) _ — 3/30/17 FFC 4 -1 'No center line More light under Roanoke River trestles Better enforcement of 6' leashes — — 3/30/17 3/30/17 FFC 4-1 FFC 4 -1 3/30/17 FFC 4 -1 Recharging stations for motorized wheel chairs 3/30/17 FFC 4 -1 Ebikes – concern about motorized use 3/30/17 FFC 4 -1 Market more for commuters & families ^� 3/30/17 FFC FFC 4 -1 4 -1 Separate bike lanes thru Wasena, Smith, Rivers Edge 2' wide each direction (check mark) Security – Memorial to Bridge St. – Lick Run – Washington Park to Valley View Rename star trail parking lot to Riverland Road trailhead I 3/30/17 3/30/17 FFC 4 -1 3/30/17 FFC 4 -1 HartsookTrailhead 3/30/17 FFC 4 -1 "Roanoke Valley Horse Trail" – multiuse for all Naming trails for EMS response accuracy 3/30/17 FFC 4-1 3/30/17 FFC 4 -1 Pave Wolf Creek Greenway 3/30/17 SFC SFC 1 -1 1 -1 Regional Vision Priorities- Continue Roanoke River Greenway I Regional Vision Priorities- Connect to more trails (Carvins Cove, Garst Mill, etc) and advertise trails 4/3/17 4/3/17 SFC 1 -1 Regional Vision Priorities - Solutions for McAfee's Knob 4/3/17 SFC SFC SFC 1 -1 1 -1 1 -1 Regional Vision Priorities - Balancing the rights of property owners with greenway needs Regional Vision Priorities - Access to greenways in places larking public transportation and connecting to existing systems Regional Vision Priorities - Greenway along LaMarre Drive 4/3/17 4/3/17 4/3/17 Appendix C - 10 Flip Chart Notes from 2017 Community Meetings Comment Station # - j Source Question # !Recorded Response Date ,Regional Vision Priorities- Central transportation hub in Roanoke Valley for SW Virginia i SFC 1 -1- based on greenway system 4/3/17 SFC 1 -1 (Regional Vision Priorities- Connections to businesses /neighborhoods /restaurants 4/3/17 SFC 1 -1 Regional Vision Priorities -Don't have to drive to greenways 4/3/17 SFC 1 -1 Regional Vision Priorities - Connect to Commonwealth, including VA Beach 4/3/17 SFC 1 1 Regional Vision Priorities - Complete existing vision /greenway plan 4/3/17 SFC 1 1 Regional Vision Priorities- Complete Roanoke River Greenway 4/3/17 SFC 1 1 Regional Vision Priorities- Connect park greenways to the larger network 4/3/17 SFC 1 1 Destinations -Smith Mountain Lake 4/3/17 SFC 1 -1 Destinations -Garst Mill to Murray Run 4/3/17 SFC 1 -1 Destinations -Blue Ridge Parkway 4/3/17 SFC 1 -1 'Destinations - Explore Park 4/3/17 SFC 1 -1 Destinations -Craig Valley Scenic Trail 4/3/17 SFC 1 -1 Destinations- Hollins and Roanoke College 4/3/17 SFC 1 -1 Destinations - Carvins Cove _ v— 4/3/17', SFC i 1 Destinations -South Roanoke connector to the Roanoke River Greenway 4/3/17', SFC 1 1 Regional Vision Priorities- Greenways everywhere 4/3/17', SFC 1 -1 Regional Vision Priorities- Connect to other towns, So miles i 4/3/17 SFC 1 1 Regional Vision Priorities- Link to Franklin, Craig, & Montgomery Counties 4/3/17 SFC 1 1 Regional Vision Priorities- Link to Virginia Tech v 4/3/17 Regional Vision Priorities- Connect greenways to transportation network, no car SFC 1 -1 needed 4/3/171 SFC 1 -1 [Regional Vision Priorities- Add protected bike lanes 4/3/17 SFC 1 -1 Regional Vision Priorities- On street parking as bike protection 4/3/17 SFC 1 1 Regional Vision Priorities- Raised bike lanes (prevent debris) 4/3/17 SFC 1 1 { Regional Vision Priorities- Smith Mountain Lake parks, beaches connection 4/3/17 SFC 1 -1 Regional Vision Priorities- Rails to Trails opportunities 4/3/17 SFC 1 -1 Regional Vision Priorities- Brewery connections 4/3/17 SFC 1 -1 1 -1 Regional Vision Priorities- Wayfinding signage, especially downtown 4/3/17 SFC Regional Vision Priorities- Advertise to tourists, brochures at hotels 4/3/17 SFC 2 -1 Connection from Starkey to Roanoke River Greenway 4/3/17 _ SFC _ 2 -1 Connect S. County to greenway network 4/3/17 SFC 2 -1 Mudlick Creek Greenway- Priority 4/3/17 SFC 2 -1 Restrooms at Rotary Park 4/3/17 SFC 2 -1 Charging stations for motorized wheelchairs 4/3/17 SFC 2 -1 Sidewalk LaMarre (North Co.) or greenway 4/3/17 SFC 2 -1 Connection to Reservoir from Plantation Rd 4/3/17 SFC 2 -1 Expand Carvins Cove Trails on Williamson Rd. side 4/3/17 SFC 2 -1 Transit access to Hollins area 4/3/17 SFC 2 -1 Greenway connection to Tanglewood Mail (x2) 4/3/17 Connections to Morningside in Southeast - Morningside Park and connect to Jackson SFC 2 -1 Park 4/3/17 SFC 2 -1 Connect Schools- Reduce Obesity and bike to school 4/3/17 SFC 2 -1 Mixed purposes- Recreation & commuting 4/3/17 - -- SFC 2 -1 -----.....----- Show bikeway on maps 4/3/17 SFC 4 -1 Pets - Retractable leashes 4/3/17 SFC 4 -1 Pets- Pet waste (health issues & environmental) 4/3/17 SFC 4 -1 Pets- People are the problem (not pets) 4/3/17 Appendix C - 11 Flip Chart Notes from 2017 Community Meetings Comment Station # - Source question on # Recorded Response Date SFC 4-1 iPets-Positive reinforcement 4/3/17 SFC 4-1 Wayfinding Signs - Addresses (add zip code) 4/3/17 SFC 4-1 :Wayfinding Signs -Parking directions 4/3/17 4/3/17 SFC 4-1 Wayfinding Signs -More milemarkers for emergencies Wayfinding Signs -Smartphone app needed for trails and greenways (relate to parking SK, 4-1 lapp) 4/3/17 Wayfinding Signs - River dredging – keeping track of when greenway is closed (notice SFC 4-1 when greenway is closed) for flooding 4/3/17 Wayfinding Signs - Underhill Avenue connection (onroad connection)-Sharp turn SFC 4-1 warning sign 4/3/17 SFC 4-1 Wayfinding Signs - Different colors in each jurisdiction 4/3/17 SFC 4-1 Wayfinding Signs - Consistent signage 4/3/17 SFC 4-1 lWayfinding Signs -Simple messages on signs (less words on rules signs) 4/3/17 SFC 4-1 vandalism-Milepost signs Encourage Ambassador Program (volunteers are eyes and ears for 4/3/17 SFC greenway) greenway) 4-1 'Vandalism-More police presence (target areas) 4-1 Speed /Mist -Fast bikes, no warning (bad etiquette) 4/3/17 4/3/17 4/3/17 SFC SFC SFC 4-1 Speed/Misc-Road bikers "Tour de France" 4/3/17 4/3/17 4/3/17 4/3/17 SFC SFC 4-1 Speed/M Isc- Too slow "Ciyd esda I es" 4-1 Speed/Misc- Marketing (peer pressure) to help educate users 4-1 Speed/Misc- Promote shared use-Share, make noise, pass on the left 4-1 Speed/Misc- Add centerline (dashed white) SFC SFC 4/3/17 SFC_._ 4-1 Spee.d/Mis,c-Yield 4/3/17 4/3/17 4/3/17 SFC 4-1 Speed/Misc- More signage . . ..... .. ....... 4-1 Speed/Misc- Generational differences (ages) 4-1 Speed/Misc-Winter bathrooms (needed) 4-1 Speed/Misc-Drones – new issue SFC SFC 4/3/17 SFC 4/3/17 SFC 4-1 Speed/Misc- E-bikes (motor) – new issue 4/3/17 4—C 4-1 Speed/Misc- Charging stations needed for wheelchairs 4/3/17 SFC 4-1 Speed/Misc-EMS – ATV ambulance (Richmond, DC– examples) 4/3/17 Speed/Misc-Widen greenway (two lanes) in congested areas; separate bike and SFC 4-1 pedestrian lanes (passing lanes) 4/3/17 SFC 4-1 Speed/Misc- Weekend volunteer patrol 4/3/17 SFC 4-1 Speed/Misc-Pedestrians facing oncoming traffic on roads, but not greenways 4/3/17 SFC 4-1 Speed/Misc- Preventative maintenance (root pruning) 4/3/17 Speed/Misc- Ambassadors hand out use/etiquette handouts to users (informational) SFC 4-1 violating rules 4/3/17 SFC 4-1 Speed/Misc- Rules signs (multiple languages)-consistency across jurisdictions 4/3/17 Speed/Misc-Encourage more pedestrian use in parks, as opposed to greenways (more SFC marketing less known/visited trails) 4/3/17 —4-1 Speed/Misc-Right-of-way negotiation packet (help with positive attribute of SFC 4-1 greenways) . 4/3/171 GLFC 1-1 Overall Vision-Continuous, connected to popular destinations 4/6/17 GLFC 11-1 Overall Vision-Like AT – can stop & stay, destinations, things to do 4/6/17 GLFC 11 Overall Vision-Parks & schools & other trails 4/6/17 GLFC 1-1 Overall Vision - Emergency boxes – phone service, rural areas 4/6/17 GLFC 1-1 Overall Vision- Connect to AT, Carvins Cove 4/6/171 Appendix C - 12 Flip Chart Notes from 2017 Community Meetings Comment Station # - Source Question # Recorded Response Date GLFC 1 -1 Overall Vision -Park & Ride connections for cornrnutirig 4/6/11 GLFC 1 -1 Overall Vision - Falling Creek Reservoir 4/6/17 GLFC 1 -1 Major Connections - Failing Creek r 4/6/1.7 GLFC 1 -1 Major Connections- Blacksburg 4/6/1.7 GLFC 1 -1 Major Connections- Greenfield 4/6/17 GLFC 1.1 Major Connections- National Forest 1 -1 Major Connections- New Castle 4/6/1.7 4/6/17 GLFC GLFC 1 -1 Major Connections- SML 4/6/17 GLFC 1 -1 Major Connections- Lynchburg 4/6/17 GLFC 1 1 Overall Vision -Going well, hope it continue to grow 4/6/17 GLFC 1 1 Overall Vision - Blueway is great 4/6/17 GLFC 1 1 Overall Vision- Lots of room to grow - Botetourt 4/6/17 GLFC 1 -1 Overall Vision- More put -in points on blueway 4/6/17 GLFC 1 -1 Overall Vision - Greenway so much more than downtown, more than people realize 4/6/171 — `Overall } GLFC 1-1 Overall Vision- Corridor Parkway GLFC le o last 5 Vision- Incred b e 1 -1 years k Glenvar- Neighborhood Vision- Connect Hanging Rock Gre enway eenway into Hanging Rock GLFC 2 -1 Golf Course area 4/6/17, Glenvar- Neighborhood Vision - Connect Hanging Rock Greenway & Carvins Cove, then GLFC 2-1 to Tinker, Roanoke River Greenway 4/6/17 Glenvar - Neighborhood Vision- Coordination with Real Estate Department on GLFC 2 -1 2 -1 4 -1— delinquent tax parcels Glenvar- Neighborhood Vision- Connect greenways to blueways when possible Speed Conflicts - Individual responsibility to be aware of other users 4/6/17 4/6/17 4/6/17 GLFC GLFC GLFC 4 -1 Speed Conflicts - Mindfully sharing the road /trail 4/6/17 Speed Conflicts- Communicate how to share the greenway with the public, correct GLFC 4 -1 etiquette 4/6/17 Speed Conflicts -Bike and pedestrians - not aware of one another, bikes overtaking GLFC 4-1 peds. 4/6/17 GLFC 4-1 Speed Conflicts -Not sharing the road /trail — 4/6/17 GLFC 4 -1 Speed Conflicts -Not being mindful of others on greenway 4/6/17 GLFC 4 -1 Speed Conflicts- Leashes extended across greenway, conflict with bikes 4/6/17 GLFC 4 -1 Speed Conflicts- Safety of dogs & bikes, dogs excited by passing bikes 4/6/17 GLFC 4 -1 Speed Conflicts -Bikes saying "passing" but startling walkers, or bicyclists not calling out 4/6/17 _ Speed Conflicts -Not determining which side is for each user, which side for each GLFC 4 -1 direction 4/6/17 GLFC 4 -1 Speed Conflicts- Need centerlines, as in other places 4/6/17 GLFC 4 -1 Speed Conflicts- Earbuds 4/6/17 GLFC 4 -1 Conflicts- Higher bike speeds allowed at times /for special events 4/6/17 GLFC 4 -1 `Speed Speed Conflicts -Speed limits for congested areas 4/6/17 GLFC 4 -1 Speed Conflicts- Designate "bike only " / "ped only" times (not during peak hours) 4/6/17 GLFC 4 -1 Pet conflicts - Extendable leashes 4/6/17 GLFC 4 -1 Pet conflicts - Multiple leashed dogs 4/6/17 GLFC 4 -1 4 -1 Pet conflicts- Off -leash dogs Pet conflicts- Pet waste on greenways 4/6/17 4/6/17 GLFC GLFC 4 -1 Pet conflicts- Recycled Kroger /grocery bag stations for waste 4/6/17 GLFC 4 -1 Pet conflicts- Improper leashing, none, extended 4/6/17 GLFC 4 -1 Vandalism- Carvins Cove: portable toilets tipped, money boxes stolen from i 4/6/17 Appendix C -13 Flip Chart Notes from 2017 Community Meetings Comment Station K - Source Question # Recorded Response Date GLFC 4 -1 Vandalism- Site- specific issues 4/6/l/ GLFC 4 -1 Vandalism- Provide a contact number to report issues /trash /vandalism 4/6/1 GLFC 4 -1 Vandalism- Overflowingtrashcans (Colorado St. area) 4/6/17 GLFC 4 -1 Vandalism- Security concerns at night /evening, esp in isolated areas 4/6/17 GLFC 4 -1 Signage- Etiquette on greenways provided on signs 4/6/17 GLFC 4 -1 Signage- Better signage needed at sewage treatment plant greenways 4/6/17 Signage- Provide information at hotels, tourism sites, visitor spaces, etc, Physical GLFC 4 -1 information for visitors 4/6/17 GLFC 4 -1 Signage- Improve education of greenway users to reduce multi -use conflicts 4/6/17 GLFC 4 -1 Signage- Yield signs /instructions 4/6/17 GLFC 4 -1 ;Other - Parking congested (Mill Lane), parking improperly 4/6/17 VFC 1 -1 Biking & walking & running 1 -1 Friends 4/6/17 4/6/17 VFC VFC 1 -1 Safe place to be 4/6/17 VFC 1 -1 Community _ -- _ — -- — -- - -I 4/6/17 VFC - 1 -1 Connectivity to get from one place to another I 4/6/17 VFC 1 -1 Separation from traffic 1 4/6/17 VFC 1 -1 Recognition from other communities 4/6/17 VFC 1 -2 Priorities -More mileage including Daleville & Green Hill Park 4/6/17 VFC 1 -2 Priorities- Waikability 4/6/17 VFC 1 -2 Priorities- Increase mileage so there is not so much congestion in certain areas 4/6/17 VFC 1 -2 Priorities -41.9 Corridor — more connectivity with Reimagine 419 1 4/6/17 +Priorities -Multi -use connection from Roanoke Mountain to Explore park —Class C - & VFC 1 -2 access to Blue Ridge Parkway 4/6/17 VFC 1 -2 Priorities- Spread out human traffic in Wasena area 4/6/17 VFC 1 -2 Priorities- Expansion to Back Creek 4/6/17 Priorities - Cooperation with regard to mountain bike use — Carvins Cove, Blue Ridge VFC 1 -2 Parkway 14 Unwinding 4/6/17 VFC 4/6/17 VFC 1 -1 Natural environment in an urban setting 4/6/17 VFC 1 -1 Gathering place 4/6/17 VFC 1 -1 Retirement occupation 4/6/17 VFC 1 -1 Physical well -being 4/6/17 VFC 1 -1 Connections to different areas — 4/6/17 VFC 1 -1 Walking, hiking, biking, tubing 4/6/17 VFC 1 -1 Super! — Great community asset — encourages healthy living Priorities- Connecting communities 4/6/17 VFC 1 -2 4/6/17 Priorities- Connect to Lynchburg & Christiansburg — Amtrak — New River Trail — AT- VFC 1 -2 National Forest 4/6/17 VFC 1 -2 Priorities- Downtown Salem to Roanoke River 4/6/17 VFC 1 -2 Priorities- Hinchee — Carvins Cove 4/6/17 VFC 1 -2 Priorities- Connect the gaps 4/6/17 VFC 1 -2 Priorities- Connect neighborhoods to greenways 4/6/17 VFC 1 -2 Priorities- Hanging Rock all the way south to Roanoke River by Mason's Creek 4/6/17 VFC 1 -2 Priorities- Connect Roanoke River to Carvins Cove in multiple locations 4/6/17 VFC 1 -2 Priorities- Back Creek 4/6/17 VFC 1 -1 Community amenity — resource for residents for recreation and marketing the valley 4/6/17 Appendix C - 14 Flip Chart Notes from 2017 Community Meetings Comment Source VIC VFC V1 C. VI VFC VFC Station # - Question # 1-1 1-1 1-1 1-2 1-2 J 1-2 Recorded Response Outside activities so you're not inside Close proximity for getting on greenways Social activities — see neighbors Priorities- Smith Mountain Lake Priorities- Finish connectivity to Explore Park [Priorities- Connect to Elliston Priorities- North tail of the Roanoke River to Christlansburg and Blacksburg Priorities- Fill In the gaps in the existing system __ -__ -------- __1 ....... - Priorities- North to Catawba Date 4/6/17 4/6/1 4/6/17 4/_6/17 4/6/17 4/6/17 4/6/17 4/6/17 4/6/17 VFC VFC VFC VFC VFC 1-2 1-2 1-2 2-1 2-1 Neighborhood Vision-Hanging Rock Trail extends to cemetery Neighborhood Vision- Wolf Creek Greenway maintenance issues use da lot by school/students (science, cross-country, etc) Neighborhood Vision-Should be paved all the way - safety issue due to a lot of ruts Neighborhood Vision- Leave it as cinder surface Neighborhood Vision- Extend Wolf Creek Greenway to the south from Hardy Rd to Roanoke River Neighborhood Vision-Sewage plant to Explore Park Neighborhood Vision-Mill Mountain to Explore Park for bicyclists Neighborhood Vision- Will Wolf Creek Greenway ever be connected to City of Roanoke Neighborhood Vision-Maintenance issue of the Wolf Creek Greenway Neighborhood Vision -WC Greenway needs to be paved Neighborhood Vision-Different size of gravel on greenway (behind the school W.E. Cundiff) ---- — ------ Neighborhood Vision-Glade Creek Greenway to be extended to Vinyard Park, to Parkway Neighborhood Vision -Gladetown Trail to be connected to Niagara Rd Neighborhood Vision- Loop Trail (paved) at Vinyard Park Neighborhood Vision-A lot of ruts on WC Greenway 4/6/17 1 4/6/17 VFC VFC VFC 2-1 2-1 2-1 4/6/17 4/6/1.7 4/6/17 4/6/17 4/6/17 VFC 2-1 VFC —2-1 VFC 2-1 2-1 2-1 4/6/17 4/6/17 4/6/17 VFC VFC VFC VFC VFC VFC VFC VFC VFC VFC VFC 2-1 2-1 2-1 2-1 2-1 4/6/17 4/6/17 4/6/17 4/6/17 4/6/17 2-1 Neighborhood Vision-Gravel needs to be rolled properly at WC Greenway Neighborhood Vision- Focus on connecting existing greenway and trail section where there are gaps Paved Trails Route along Tinker Creek 4/6/17 2-1 3-1 3-1 4/6/17 VFC 3-1 Better birding along creek 4/6/17 VFC 3-1 Aesthetics more pleasing along creek route 4/6/17 VFC 4-1 Speed-Space for bikes 4/6/17 VFC Speed-Mt. View — dangerous for pedestrians 4/6/17 —4-1- VFC 4-1 Speed-Pave Wolf Creek-Drainage Issues, Mud, Roots behind WBHS 4/6/17. VFC VFC 4-1 4-1 Speed-Education iSpeed- Fleet Feet training 4/6/17 4/6/17 VFC 4-1 Speed-Wolf Creek signage on erosion roots-Drainage Problems 4/6/17 VFC 4-1 Speed- Rhyming signs 4/6/17 VFC 4-1 Speed- Wolf Creek erosion near trail-Nets blocking currently 4/6/17 VFC 4-1 Speed-Speed limits/Courtesy signs 4/6/17 VFC 4-1 Speed-Bikes 4/6/17 VFC VFC 4-1 4-1 Speed- Greenway Ambassadors/education 4/6/17 Speed- Dogs /leashes 4/6/17 VFC 14-1 ISpeed -Work through bike clubs 1 4/6/171 Appendix C - 15 Flip Chart Notes from 2017 Community Meetings Comment Station # - Source Question # Recorded Response Date V1 4-1 :Speed- Not a raceway 416117 VFC_ 4-1 ,Speed-Bikes vs. walkers 4/6/17 VFC 4-1 Speed- Inattention 4/6/17 VFC 4-1 Speed- Safe speeds 4/6/1,7 VFC 4-1 Speed-Center lines in heavily traveled areas 4/6/17 VFC 4-1 ------"----"Speed - Directional arrows 4/6/17 VFC 4-1 Speed - Signs to regulate speed 4/6/17 VFC 4-1 Speed- Group walking 4/6/17 VFC 4-1 Pets-Dog conflicts 4/6/17 VFC 4-1 Pets- Maximum leash length in high traffic areas 4/6/17 VFC 4-1 Pets- Increase fee for dog license-Reduced for trained dogs 4/6/17 VFC 4-1 Pets -Trash containers 4/6/17 VFC 4 1 Pets- Ambassadors helping w pet issues 4/6/17 VFC 4-1 P Waste (mentioned 3 times) Pets- 4/6,/17 VFC 4-1 Pets- Leashes (mentioned 2 times) 4/6/17 VFC 4-1 4-1 4-1 Pets- Control of children (also) Vandalism-Damage to signs Vandalism-Burned Port a John at Goode Park 4/6/17 j 4/6/17 4/6/17 VFC VFC VFC 4-1 Vandalism-Overturn Port a Johns 4/6/17 VFC 4-1 Vandalism-Vandalism to signs 4/6/17 -1 VFC 4-1 4-1 Vandalism-Community Group enforcement Vandalism-Cameras 4/6/17 4/6/17, VFC VFC 4-1 4-1 4-1 Signs-Vinton locations confusing Signs-Lick Run in downtown not well marked Signs-Mile Markers ---- - ----- 4/6/17 4/6/17 4/6/17 VFC VFC VFC 4-1 Signs-Transition signs where Greenway meets road 4/6/17 VFC 4-1 Signs- Bridges near Ramada Inn in City of Roanoke need maintenance 4/6/17 Signs- Wolf Creek-no rule signs, no signs on access at Parkway end, dangerous to cross VFC 4-1 4-1 4-1 street Signs - Centerlines Signs-Lick Run signage 4/6/17 4/6/17 4/6/17 VFC VFC VFC 4-1 Signs-Signs at Peters Creek/Aerial Way 4/6/17 VFC 4-1 Signs- Cyclists should use bell Signs- Etiquette signs 4/6/17 jVFC 14-1 4/6/17 Appendix C - 16 Public Input from Individuals via Comment Sheets Station ' Regional Vision Station #1 Question 1 lWhat is your vision for the regionatgreenway network? §&tion #1 'Question f[What are the major connections needed within the Roanoke Valley Station #1 'Question 37What do you- consider to be the top pri I orities for completion? Comment # Question Response Date G1 1-1 �End to end and top to bottom 3/21/2017 G2 1-1 ff&�_nnectivity wherever possible. 3/21/2017 G3 1-1 'Connectivity 3/2V2017 G4 1-1 Integrate Bike Rt. 76 w/ greenways. Continued growth. 3/21/2017 G6 1-1 Continued growth - always room for improvement and additions 3/21/2017 G 7 1-1 One interconnected loop to host benefits marathons etc 3/21/2017 G10 1-1 —ton n�&­4on-flow-sea m less 3/21/2017 Consideration for our neighborhood and our privacy and safety. There is so much "green" space that could be used without costing our G11 1-1 neighborhoods desires/needs. 3/21/2017 To connect the region completely to allow for hours and hours of G12 1-1 uninterrupted activity with opportunities for overnight lodging. 3/21/2017 Still learning and forming. Northern Botetourt connection is my major G13 1-1 concern. 3/21/2017 G14_ 1-1 —Zonnecting counties for commuting, recreation 3/21/2017 Continued improvement of quality of life and viability of communities through ease of access to cultural, recreation & exercise, economic, G15 1-1 interaction opportunities and initiatives. 3/21/2017 d 1-6 1-1 3/21/2017 Loop entire city/work commuters 3/21/2017 G17 1-1 Inter connected several miles in length; paved pathways - Include ��car6ge__rw&riype frai—Is- as at Acadia Nat'l Park; Perhaps G19 1-1 upgrade Happy Valley & Brushy Mtn to carriage roads 3/21/2017 Complete expasion throughout region; complete greenway to Explore G20 1-1 Park; More blueway routes 3/21/2017 G21 Commuter access,not just recreation; more connection 3/21/2017 1-1 Connect urban & rural while encouraging outdoor activity; good G2 2 1-1 greenways with interpretive signs add to sense of community 3/21/2017 M2 1-1 Connectiivity 3/27/2017 Good idea until it interrupts your home, wildlife, historic areas in M3 1-1 neighborhood 3/27/2017 M 5 Not to invade the front or backyards of the residences 3/27/2017 M7 1-1 None 3/27/2017 Expanding connectons between restaurants/commercial centers & M10 1-1 attractions with residential areas 3127/2017 F1 Connect the Roanoke Valley from South to North, East to West 3/30/2017 F3 1-1 Shenandoah woodlands addition 3/30/2017 F5 1-1 Connect as much of the valley with bike/walk trail as possible 3/30/2017 We love the Greenway system and look forward to its completion. We strongly oppose the development of the woodlands surrounding F6 1-1 Shenandoah Life. 3/3012017 .F7 1-1 ADA accessible ramps, curb-cuts, parking, etc. 3/30/2017 2/27/2O18 Appendix C - 17 Public Input from Individuals via Comment Sheets Station 1 - Regional Vision 2/27/2018 Appendix C - 18 Dennis Fisher. Whatever you do - devote "20 %" of the total effort to marketing /communication, taking advantage of all the tools at our F8 1 -1 disposal - my interest is in photography. 3/30 /2017 F10 1 -1 'To include a greenway on the Shenandoah Life property 3/30/2017 Eventually connect to surrounding counties to get to Craig, Blacksburg, Smith Mt. and become a destination in itself for the East F11 1 -1 i Coast 3/30/2017 F12 1 -1 To eventually (way down the road) connect to SML 3/30/2017 F13 1 -1 Connected to areas useful for education. 3/30/2017 F14 1 -1 Connect the whole valley with greenways 3/30/2017 SC4 1 -1 !Connectivity for entire valley, not just isolated bits; and linearity 4/3/2017 GV1 1 -1 All tied together w/ connections to community parks /schools 4/6/2017 GV2 1 -1 Easy access anywhere in the valley 4/6/2017 Connect to more natural trails; head towards Blacksburg & Covington GV3 1 -1 & Lynchburg 4/6/2017 4/6/2017 GV4 1 -1 Continuous; connecting popular destinationsn & schools GV5 1 -1 Connect to all possible areas and neighboring greenways. 4/6/2017 V2 { 1 -1 Quantity or Quality? Quality! 4!10/2017 i- - –_— Continued expansion to encompass a circumference of Floyd to V3 1 -1 JChristiansbUrg and Buchanan to Roanoke and areas within 4/10/2017 G1 1 -2 1 Connect amenities, like food and drink locations, to trails. 3/21/2017 Roanoke River Greenway, Hanging Rock from RRG to Cove, Tinker G3 1 -2 Creek to 3121/2017 3/21/2017 G4 1 -2 Botetourt and Buchanan Roanoke + Salem. Explore Park + Water Treatment Plant. National G6 1 -2 (Forest. Carvins Cove. 3/21/2017 G11 1 -2 Connectons that do not cut through our Fairview neighborhood. -- - - - - -- 3/21/2017 - - - - -- RV to Botetourt Co. Roa River completion. Connection to SWVA G12 1 -2 through Salem 3/21/2017 G13 1 -2 Promote Bik 76 to tie northern Botetourt/Buchanan area. 3/21/2017 G14 1 -2 Carvins Cove, downtown Rke, AT BRP, Explore Park 3/21/2017 3/21/2017 G15 1 -2 Botetourt access along 11, 220 G16 1 -2 _.__. - -- ___ _..._.._ _.- Connect Botetourt to Carvin's Cove 3/21/2017 3/21/2017 G17 1 -2 Complete Salem to Green Hill 3/21/2017 G18 1 -2 River greenways G19 1 -2 Connect to Explore Park; Salem to C'bu_rg /B'burg; maybe New Castle 3/21/2017 G20 1 -2 Botetourt to Hollins to downtown 3/21/2017 G21 1 -2 Businesses as destinations 3/21/2017 G22 1 -2 _ Bedford: Peaks to D -Day Memorial; Buchanan 3/21/2017 M2 1 -2 Roanoke River to Tinker Creek to Hollins to Carvins Cove 3/27/2017 Connecting with other trails is a plus until it, as staed above, disrupts M_3 1 -2 quality of life in neighborhoods. 3/27/2017 M10 1 -2 Tinker Creek greenway as proposed Hollins to RRG 3/27/2017 F1 1 -2 Roanoke River Greenway to Murray Run Greenway 3/30/2017 1 -2 Murray Run [arrow] Shenandoah Woodlands [arrow] Fishburne Park 3/30/2017 F4 1 -2 ;Parallel the BRP [Blue Ridge Parkway] 3/30/2017 2/27/2018 Appendix C - 18 Public Input from Individuals via Comment Sheets Station 1 - Regional Vision 2/27/2018 Appendix C . 19 Grandin Rd w/ Downtown Roanoke - Salem; South Roanoke /Grandin F k 1 -2 Road; South Roanoke w/ Downtown Have the greenway be attractive to all of the valley,not just some of 3/30/2017 the valley; i.e. more attractive events and spaces to SW population F7 1 -2 than SE & NW. The Shenandoah Life property as an extension of the Murray Run. 3/30/2017 F10 i 1 -2 _ !An extension from Roa. River Greenway to Grandin. Connector to Carvins Cove & Hollins; connector Blue Ridge (460); 3/30/2017 1 -2 connector to Montgomery & Craig & Botetourt 3/30/2017 1 -2 Malls, schools Roanoke [arrow] Salem, Blacksburg, Floyd; Roanoke needs to be the 3/30/2017 F13 F14 SC1 1 -2 hub 1 -2 Garst Mill to Murray Run Must get through the " missing link" at Walker - #1 priority! Many other 3/30/2017 4/3/2017 SC4 1 -2 destinations as described during discussion 1 -2 Smith Mountain Lake 1 -2 Extend Hanging Rock Trail; Rivers Edge area to downtown Roanoke 1 -2 Carvins Cove; Explore 1 -2 Falling Creek Reservoir; National Forest 1 -2 Hollins to Carvins Cove; SW county Connection of Explore Park to Roanoke Mountain Bent Mtn /Back 4/3/2017 GV1 4/6/2017 GV2 4/6/2017 GV3 4/6/2017 4/6/2017 4/10/2017 GV5 V2 V3 1 -2 Creek expansion. The "Gap" - Roanoke River Trail. Bike trails. Explore Park connection. 4/10/2017 G1 G3 1 -3 Connection. 1 -3 Roanoke River Greenway 3/21 /2017 3/21/2017 I j Continued growth. Roanoke River Greenway to Explore Park. Tinker G6 G7 1 -3 Creek Greenway o Carvins Cove. Greenway to National Forest. Y Y 1 -3 tax dollars spent 3/21/2017 3121/2017 G10 1 -3 Wmson - Carvins Cove- Botetourt 3/2112017 My top priority is for the Greenway not to cut through my neighborhood. We chose our neighborhood because of privacy and G11 1 -3 calmness. The Greenway is not what we had in mind. 3/21/2017 G12 1 -3 Roanoke River Greenway. Connector to Carvins Cove. Explore Park. 3/21/2017 G13 1 -3 A Botetourt connection through Carvin Cove HookUp 3/21/2017 G15 1 -3 Definitive route plan 3/21/2017 G17 1 -3 Connect trails - Vinton - Roanoke - Botetourt 3/21/2017 G18 ( 1-3 1)set the route; 2) is route reasonable? 3) develop the costs 3/21/2017 G20 1 -3 Explore Park 3/21/2017 G21 1 -3 Any 3/21/2017 _ Connections from town /city centers to other centers and easy access G22 1 -3 for outlying areas of the valley 3/21/2017 3/27/2017 M2 1 -3 Tinker Creek in Vinton to Carvins Cove M7 1 -3 1 strongly am against it & feel it is not needed 3/27/2017 M10 1 -3 East Rke River to Explore Park 3/27/2017 F1 1 -3 Roanoke River Greenway connected; Tinker Creek to Deschutes 3/30/2017 2/27/2018 Appendix C . 19 Public Input from Individuals via Comment Sheets Station 1 - Regional Vision 2/27/2018 Appendix C - 20 Saving the Murray Greenway woodland /watershed area by upgrading priority for looping trail back to Patrick Henry through Shen. Life F2 1 -3 woods. Carilion needs an alternative - work with us! 3/30/2017', F4 1 -3 Roanoke to Explore; Tinker to Carvins; #1 New Castle to Eagle Rock 3/30/2017 1 -3 Bridge Street to Salem 3/30/20171 F10 1 -3 Trails on the Shenandoah Life property 3/30/2017' t 1 -3 Ca m s Cove ry 3/30/2017 , I live in Grandin Court on Guilford Ave., so right now, I feel top priority needs to be saving Murray Run & the surrounding community from being ruined by the development of this 225 apartment complex. We F13 complete routes around schools first. 2, 24, 33, 30. #1 Mudlick; Barnhardt Creek; Long Ridge Trail; Poor 3/30/2017 SC1 1 -3 Mountain 4/3/2017 _� Stating we are here to propose a vision for trails instead of listening to SC2 1 -3 opposition. _._ 4/3/2017 SC4 1 -3 Must get through the " missing link" at Walker - #1 priority 4/3/2017. GV2 1 -3 Woodbridge to Green Hill Park; Rota going oing 4/6/2017 GV3 1-3 �� _east Roanoke River; Tinker Creek-, Masons Cove full 4/6/2017 GV5 1 -3 41 Roanoke River Greenwa #2 Roanoke River Bluewa y 4/6/2017 V1 1 -3 I Hollins- Tinker Creek -Read Mountain connection 4/10/2017 V2 1 -3 Focus on Roanoke connectors y 4/10/2017 2/27/2018 Appendix C - 20 Public Input from Individuals via Comment Sheets Station 2: Locality Priorities and Neighborhood Connections Station #2 Question 1 hat are the destinations that people would like to access? - Which of those destinations need to be linked together with the j Station #2 Question 21greenway network? Station #2 Question 3 Do you have a preferred route(s) to link these destinations? Comment # Question Response Date Greenfield Ed Center, Botetourt Town Center, Read Mt., Carvins G1 2_ -1 ICove (boating) Buchanan! Connect AT to Buchanan safely - Rt. 43 is a connector 3/21/2017 G2 2 -1 now. G4 2 -1 Buchanan River (James) G6 2 -1 Link City of Roanoke + Roanoke County to Botetourt G8 I 2 -1 Develop the Craig Rail Trail. Develop a Craig Creek Blueway 3/21/2017 3/21/2017 3/21/2017 3/21/2017 G9 2 -1 Develop the Craig Rail Trail 3/21/2017 G11 2 -1 Appalachian Trail 3/21/2017 G12 G13 2 -1 2 -1 Daleville to Cavins Cove - RKE. Eagle Rock to Craig Co. -Rail to Trail 'James River Heritage Trail /Roaring Run 3/21/2017 3/21/2017 G14 2 -1 Fincastle, Troutville, Daleville, HMA, Patterson Mtn Daleville Town Center. Fincastle, Buchanan, Lewis /Clarke, AT, Sports 3/21/2017 G15 2 -1 Complex 3/21/2017 G16 2 -1 Carvin's Cove 3/21/2017 G17 —� 2 -1 #1 Reconfigure build trails in Greenfield first - great place 3/21/2017 G20 2 -1 Daleville TC; Exit 150 development; Kroger; Fincastle, Buchanan, 3/2112017 G21 2 -1 Botetout Commoms; LBHS, Greenfield, Troutville Park 3/21/2017 'Buchanan, Camp Bethel, Read Mt. (trails); Greenfield, Fincastle, G22 2 -1 Carvins Cove 3/21/2017 M1 2 -1 Greenfield Park, Blue Ridge Pkwy, Roaring Run 3/27/2017 M2 2 -1 !Don't care 3/27/2017 M5 2 -1 Carvins Cove 3/27/2017 _ M7 T 2 -1 Town Center 3/27/2017 M10 2 -1 Daleville Town Center & more Carvins Cove connections 3/27/2017 Carvins Cove; Appalachian Trail access @ Buchanan and @ M11 2 -1 Fincastle 3/27/2017 Connection from Roanoke River Greenway to Murray Run; possible Roanoke River Greenway to Towers Mall via old rail bed by Ice F1 2 -1 House. 3/30/201.7_ t People want beautiful rivers, creeks and woodlands. Those are destinations! Don't break up parks and greenways with tacky F2 2 -1 development! 3/30/2017 F3 2 -1 Garst Mill Park; Happy Hollow Gardens 3/30/2017 F4 2 -1 Tinker to Carvins; Carvins; Explore; Salem. North East; North West 3/30/2017 _ F5 2 -1 Salem, Towers; Grandin Court/Raleigh Court 3/30/2017 F7 2 -1 Libraries, parks, event centers &hubs 3/30/2017 F10 2 -1 The Shenandoah Life property. More trails 3/30/2017 F11 2 -1 Carvins Cove; Downtown; Blue Ridge Pkwy 3/30/2017 F13 2 -1 Nature, schools 3/30/2017 SC1 2 -1 Hidden Valley HS 4/3/2017 2/27/2018 Appendix C - 21 Public Input from Individuals via Comment Sheets Station 2: Locality Priorities and Neighborhood Connections SC2 SC3 2 -1 How are you getting the land for this trail & all of them? 2 -1 'Tanglewood Mall from Pebble Creek and Honeywood Apts. — 4/3/2017 4/3/2017 SC4 2 -1 Hidden Valley area; Tanglewood Mall area 4/3/2017 GV2 2 -1 Green Hill Park from Woodbridge 4/6/2017 .311 Park n Ride to Mason Creek & Roanoke River Greenway & to GV3 2 -1 Carvins Cove from Hanging Rock 4/6/2017 GV4 2 -1 'Green Hill Park 4/6/2017 GV5 2 -1 AT from Carvins Cove boat launch 4/6/2017 V2 2 -1 Back Creek to all points 4/10/2017 Explore Park to Vinton Town; Green Hill Ed Center to Daleville Town — G1 2 -2 Center Buchanan! Connect AT to Buchanan safely - Rt. 43 is a connector 3/21/2017 G2 G4 G6 2 -2 2 -2 2 -2 now. Ruch. Town Park, Acadia Jenning Creek. Connect "little" towns be able to access as many areas as possible without driving a car 3121/2017 3/21/2017 3/21/2017 G11 2 -2 'Carvins Cove - Appalachian Trail 3/21/2017 G12 G13 2 -2 2 -2 Daleville to Cavins Cove - RKE. Eagle Rock to Craig Co. -Rail to Trail 'Overtime both, plus- 3/21/2017 3/21/2017 3/21/2017 G17 2 -2 Lots of land; Greenfield 3/21/2017 G20 2 -2 Hollins to Daleville G21 M2 2 -2 All the above 2 -2 Don't care Please don't put a bike trail on Williamson - we need 4 lanes. When 3!21/2017 3/27/2017 581 is closed most travelers going north go up Williamson. It doesn't M3 2 -2 need to be 2 lanes & a bike lane - keep it 4 lanes. 3/27/2017 - 3/27/2017 M7 2 -2 ___ .. _ _ __ _..__._ . To complete this without affecting homeowners use Plantation Rd. 3/2712017 M10 2 -2 AT /Carvins Cove /Ballast Point M11 2 -2 Eagle Rock/Buchanan /James River/ Rt 220 3/27/2017 F1 2 -2 - -_ —_ _._._ -__ see above 3/30/2017 3/30/2017 F3 2 -2 Don't know F4 2 -2 All the above 3/30/2017 3/30/2017 F5 2 -2 Tow_ e_rs - South Roanoke - Grandin Court F11 All! 2 -2 3/30/2017 F13_ 2 -2 High schools 3/30/2017 SC1 _ 2 -2 HVHS to Mudlick Creek Greenway 4/3/2017 SC2 2 -2 See comment tab 4/3/2017 GV3 2 -2 Cove - Havens - Explore -AT- Downtown -Park n Rides 4/6/2017 GV4 2 -2 Green Hill Park _ 4/6/2017 Develop existing trail /old road bed to AT; connect Carvins Cove GV5 2 -2 Greenway to AT 4/6/2017 V2 _ 2 -2 _ _ _ Back Creek — — T� 4/10/2017 G1 2 -3 Do you? 3/21/2017 G2 2 -3 Along rivers where possible 3/21/2017 Routes that do not cut through or directly border the Orchard G11 2 -3 Lake /Fairview neighborhood. 3/21/2017 G12 2 -3 Avoid subdivisions if possible, consider expanding roads. FIOS routes 3/21/2017 2/27/2018 Appendix C - 22 Public Input from Individuals via Comment Shoots Station 2: Locality Priorities and Neighborhood Connections G1 - 2'3 |PrnmoeUSBikeRou�'70toinidaUydanohharnBoetourtoGrnv } | GSC\oFincastle to GEL toDa|aviUeto Valley tie. B66hmmnoho 815 2'3 ToutviUohoATtoDa|eviUetnCawinCove. G21 2'3 M2 2-3 Don't care M4 2-3 Not Tinker Creek route Mil 2-3 Along James River Roanoke River to M6-rray -Run 'is difficult but Wonju to Colonial with F1 2-3 addition of bike lane on Wonju? F3 2-3 No F5 2-3 'Round about on Wiley Drive Greenway F11 2-3 Along waterways where possible 2-3 �Mudlick Creek? SC3 2-3 Need Ogden Rd. GW and Murray Run GW to county line GV3 2-3 Off road GV5 2-3 Develop existing trail/old road bed to AT IV2 2-3 'Back Creek Appendix C'23 3/21/20171 3/27/2017 _ 3/27/2017 3/27/2O17 3/27/2O17 3/30/2O17 3/30/2 Public Input from Individuals via Comment Sheets Station 3: Tinker Creek Greenway 2/27/2018 Appendix C - 24 Do you think Tinker Creek Greenway is an important connection Station 93 ; Question 1 between Botetourt and Roanoke? Why or why not? What do you think the most important use would be if the greenway is Station #3 !Question 2 developed ... Transportation? Recreation? Both? How would you use Station #3 Question 3 Do you have comments about specific segments or alternatives? Comment # Question 'Response Date G1 3 -1 Yes, of course. (see next answer) Railroad and sewer right -aways used? Definitely important for a 3/21/2017 G5 3 -1 multitude of reasons. 3/21/2017 G6 3 -1 Yes - access Botetourt and Carvins Cove without driving 3/21/2017 _ IYes, connecting nature from Roanoke County to the beauty of G11 3 -1 hBotetourt. Following Tinker Creek. 3/21/2017 G12 3 -1 G13 3 -1 Yes, connection is key for residents and visitors Yes - look to be shortest most doable . Beginning - 3/21/2017 3/21/2017 It's the natural connection but much more access to Carvins Cove G14 3 -1 (permits issues, not parking in feed lots) 3/21/2017 G15 3 -1 Essential link 3/21/2017 3/21/2017 G18 3 -1 Not needed; would only be beneficial to runners or cyclists G20 3 -1 Yes - just a great future connection 3/21/2017 G21 3 -1 'Commuting; Yes, connects us to the city 3/21/2017 Yes, to increase easy access to outdoor recreation and increase G22 3 -1 alternative transportation_ options 3/21/2017 Yes, but I think it's more important to connect it back to the Vinton M1 3 -1 M2 3 -1 section and the Roanoke River Greenway before 'Yes. Needed to connect NW ROA to SE ROA Sure, connecting greenways are a good idea generally. I don't think 3/27/2017 3/27/2017 Tinker Creek Greenway is necessarily the best solution. Why call it "Tinker Creek" How about "Plantation Road ". "Plantation Road M4 3 -1 Greenway" has a nice ring to it. 3/27/2017 Strongly against the development by houses & neighborhoods - M5 3 -1 specifically yards 3/27/2017 M6 3 -1 Use Plantation Rd. Do not use peoples' yards 3/27/2017 M7 3 -1 As long as it does not go through, private yards and yards — 3/27/2017 M8 3 -1 No. Let them do there own thing. 3/27/2017 M9 3 -1 Yes. Very important to bring Hollins College into the fold 3/27/2017 M10 3 -1 Yes - conn_ections to Hollins U and Daleville Town Center _ 3/27/2017 Yes, Further enables the overall Greenway system to connect with F1_ 3 -1 Botetourt. 3/30/2017 F4 3 -1 TYes. 3/30/2017 F5 3 -1 Yes - More length makes for better riding /running 3/30/2017 Yes it is. Both can meet at Carvins Cove, which is a wonderful outdoor destination. Eventually it can also connect to Craig & then F11 3 -1 Blacksburg. 3/30/2017 F13 3 -1 Yes, as it further connects the valley. 3/30/2017 SC1 3 -1 NO Tinker Station at South County Library 4/3/2017 SC5 3 -1 iLives near Lamarre on Brookview. 4/3/2017 V2 1 3 -1 JSure, once finish existing sections. See * [3 -3] 4/10/2017 2/27/2018 Appendix C - 24 Public Input from Individuals via Comment Sheets Station 3: Tinker Creek Greenway 2/27/2018 Appendix C - 25 ' Both . I walk and ride a bike often. I'd like to see it used to get from G1 ; 3 -2 ace to place. 3121/2017 lived in Botetourt for 22 years, fearful /unable to ride my bike much (at all due to speeding traffic on curvy roads. I would love to have a G5 3 -2 safe place to ridell 3/21/2017 G6 _ 3 -2 ilTransportation and Recreation 3/21/2017 G11 3 -2 ;Recreation. I appreciate the purpose, but do not use them. 3/21/2017 G12 3 -2 Recreation, potential transportation if housing options improve 3/21/2017 ry concept of transportation does not blend with recreation. G13 3 -2 Recreation. 3/21/2017 Recreation. The state of the environment and location (trail areas) 1would only make sense to be for recreation. It's also a long mileage G14 1 3 -2 commute to get downtown 3/21/2017 G15 3 -2 Recreation 3121/2017 G16 G21 _ 1 3 -2 3 -2 Too expensive All: run, bike, shop, etc 3/21/2017 3/21/2017 Mostly recreation to start. Over time I can imagine that we will increase for transportation - to work, to shop, to eat (or other G22 3 -2 "'recreation "), 3/21/2017 �ttlo would probably mostly use it for recreation, but I think it's important M1 3 -2 have safe, non - motorized transportation access. 3/27/2017 M2 3 -2 Rea _ 3/27/2017 M4 3 -2 Recreation; exercise . 3/27/2017 Recreation. I would not like to walk in yards; could use gaps to avoid !private residences. *Please consider Plantation Rd. [arrow] better for M5 3 -2 (economic development. 3/27/2017 M8 3 -2 Recreation. Not interested in greenways. 3/27/2017 M9 3 -2 Recreation 3/27/2017 3/27/2017 M10 3 -2 Bike riding - connections to brewery F1 3 -2 running 3/30/2017 F2 3 -2 ,Biking; Recreation. _ 3/30/2017 3/30/2017 F5 3 -2 Recreation F11 3 -2 60% recreation; 40% trans. 3/30/2017 3/30/2017 F13 3 -2 Transport _ She wants greenway in her backyard so she can walk to Williamson Road and businesses. She wants bus service on Williamson, for more than Hollins students. Her neighborhood is getting older and people need the option of walking instead of driving. One of her neighbors went to Mountain View meeting and told her there was SC5 3 -2 hope for getting a greenway on Lamarre. 4/3/2017 V2 3 -2 Mostly recreation; casual transportation only — _ 4/10/2017 Tinke Creek is a natural route between Roanoke City and Daleville. I'd like to see it developed as a blueway. Stay away from busy road - go G1 3 -3 scenic. 3/21/2017 G5 3 -3 I've marked them w/ green dots.:) 3/21/2017_ Not through Orchard Lake /Fairview. Great alternative is along Tinker G11 3 -3 Creek. Expand into Troutviile area. 3/21/2017 G12 3 -3 Consider Tinker Creek as route. Partner with Roanoke Cement. 3/21/2017 2/27/2018 Appendix C - 25 Public Input from Individuals via Comment Sheets Station 3.- Tinker Creek Greenway G15 3 -3 Too early. 3/21/2017 G21 3 -3 No 3/21/20_ 17 Not about specific segments, but regarding composition -- to the extent possible stick with the softest feasible surface. For instance, some city segments get such high use that a hard road -like surface is needed but I find it undesirable. Whever use allows, try to use less G22 3 -3 (firm surface. 3/21/2017 Botetourt [arrow] I prefer the route that follows 220 only because I M1 3 -3 don't want to see a multiuse trail crossing the AT at Tinker Creek. 3/27/2017 M2 3 -3 Finish Bridge St. Connection to Salem 3/27/2017 I do not want a greenway along Tinker Creek. I own property on M4 3 -3 Tinker Creek and do not want a public path in my back yard. 3/27/2017 Not in favor of using the front or back yards of the neighborhood. Not comfortable walking in other people's yards. Privacy and safety would M5 3 -3 be compromised 3/27/2017 M7 3 -3 1 think the route should stay on Plantation for certain lengths 3/27/2017 I DO NOT want this to come by or on my property. I bought the M8 3 -3 property because of the privacy! 3/27/2017 M9 3 -3 No 3/27/2017 The whole greenway needs a center line and directions to all traffic to F5 3 -3 please keep to the right. 3/30/2017 V2 _ 3 -3 "Would really like a connection in SW County - Back Creek area 4/10/2017 2/27/2018 Appendix C - 26 Public Input from Individuals via Comment Sheets Station 4 - Operations and Management Challenges 2/27/2018 Appendix C - 27 Greenway users report the following management issues: bicycles ,going too fast; pet problems (leashes, pet waste); vandalism; and lack of signage and available information. What solutions would you Station #4 Question 1 propose to these operations and management issues? Station #4 Question 2 Are there other issues that need to be addressed? Station #4 Question 3 Other Comments? Comment Question Res onse Date Volunters dedicated to maintain /oberve sections of trail. Speed limits G1 4 -1 for bikes. Perhaps add a center line. 3/21/2017 G5 4 -1 Curvy greenway could slow down bikes. 3/21/2017 Painted center line in heaviest use areas. Signage with rule reminders G6 4 -1 like the "burma shave" signs. Outlaw retractable leashes 3/21/2017 Congestion, signage. Moe Geenways that connect to existing G11 4 -1 Greenway. Trailheads. 3/21/2017 G12 4 -1 signage 3/21/2017 G13 4 -1 Education on sharing. Add "Carry out any thing you bring in.' 3/21/2017 G14 The City had funny quips /rhymes on signs to teach greenway 4 -1 manners /behaviors. PSAs on TV and radio 3/21/2017 G15 4 -1 1 Knowledge. Education. Develop "weism" vs "meism" 3/21/2017 G21 4 -1 Paint a line to divide; more signage 3/21/2017 ` 'Center line for heavier use areas; dividers sprinkled along paths are G22 4 -1 'helpful in heavy use areas 3/21/2017 Limit length of dog leashes to 5 ft or less - no retractable; center line F1 i 4 -1 in busy areas - Roanoke River Greenway 3/30/2017 Center lines on paved paths. Connector roads should have green paint for recognition /navigation. Garbage cans @ all parking lots & in F2 4 -1 between. Signage teaching about feces in water supply. 3/30/2017 F3 4 -1 Bicycle speed! Dangerous 3/30/2017 See above [the whole greenway needs a center line and - directions to all traffic to please keep to the right] and some extra warnings to go F5 4 -1 slowly through curves. 3/30/2017 Signage or mapping on App or Cpu of most accessible locations. Map F7 4 -1 greenway routes by accessiblity. 3/30/2017 F10 4 -1 - increase maps & signage for mileage 3/30/2017 F13 4 -1 Better education of rules 3/30/2017 SCI 4 -1 Bikers need to signal when they are about to pass someone 4/3/2017 SC2 4 -1 see Other Comments tab 4/3/2017 SC4 4 -1 Center line probably most important 4/3/2017 GV1 4 -1 More organizations like Rotary/Kiwanis manage sections 4/6/2017 GV2 _ 4 -1 General rules of the road; Etiquette for everyone 4/6/2017 6V3 More outreach to get people to share and get along 4/6/2017 4 -1 Open and easily visible; proper lighting; stations w/ trash bags & cans GV4 4 -1 for trash & pet waste 4/6/2017 Greater community education & partnerships to to leaders of key V2 4 -1 users, i.e. bike stores, civic organizations, etc 4/10/2017 2/27/2018 Appendix C - 27 Public Input from Individuals via Comment Sheets Station 4 - Operations and Management Challenges 2/27/2018 Appendix C - 28 Repairs after rains. Repairs to fences along side of trail. More historic I G1 4 -2 signage, like along Hanging Rock Trail. 3/21/2017 G2 4 -2 Safety 3/21/2017 Concerns of local Botetourt residents of level of support and more G3 4 -2 information of greenway users and what to expect , 3/21/2017 G5 4 -2 "possible wildlife" signs? (Der, bear, turkeys, foxs,& vultures!) 3/21/2017 G6 4 -2 Signage + location awareness when you need to call 911 3/21/2017 Not inviting strangers into a private neighborhood. The shortest - — cheapest route is not always the best. Crowds, pollution, crime, etc do' G11 4 -2 not belong in a secluded neighborhood. 3/21/2017 Maintenance, all aspects. Accessability. Event management /trail i G15 4 -2 !management. Use limits as to what an area or segment can support. 13/21/2017 G16 4 -2 'Seasonal signs 3/21/2017 Greenways in entire valley that are connected seems more of a "feel G18 4 -2 good" project rather than providing immediate benefits /returns 3/21/2017 Signage about area features, businesses, history; sign reminders for G22 4 -2 'pet waste, dogs on leash and be alert for wildlife 3/21/2017 ,Notice of Greenway events. Several times I've had to leave the M2 4 -2 Greenway & th Cove due to unannounced foot races. 3/27/2017 Kudzu & invasives ruining views of river. Have a number of people can text problems & pix of issues. Simpler, more frequent signage w/ F2 4 -2 reminder rules. 13/30/2017 F5 4 -2 jRemmd folks to keep dogs on tight leash 3130/2017 Saving the Woodlands of Murray Run from being ruined from this F12 4 -2 !horrible development of 225 apartments. Plea_ se_ help us! 3/30/2017 F13 — 4 -2 Lack of exposure to younger audiences. 3/30/2017 SC4 4 -2 Flooding [arrow] damage 4/3/2017 Long leashes, lack of signage at Water Treatment Plant to get to GV2 4 -2 Tinker Creek Greenway 4/6/2017 GV3 4 -2 More places to park; distributed parking _ — — — - - -- — - - - -- - - - -- - - — - - - -- 4/6/2017 GV4 4 -2 Properly maintaining grass and trees 4/6/2017 Greater community education and partnerships to to leaders of key V2 4 -2 users, i.e. bike stores, civic organizations, etc 4110/2017 More cooperation between localities. Dedicated funding, such as G1 4 -3 sponsorships. Consider solar lighting along the trail. 3/21/2017 All of the management issues contribut to why our neighborhood does G11 4 -3 not desire the greenway through or bordering. 3/21/2017 You have people using the facility. The more using will increase G13 4 -3 troubling situations. Keep rules simple and available! 3/21/2017 G15 4 -3 egistration of users. 3/21/2017 G16 4 -3 Phone app 1 3/21/2017 G21 4 -3 More signage 3/21/2017 Install dog waste receptacles at trail heads, parking areas and picnic G22 4 -3 and group gathering areas. 3/21/2017 I Interactive maps for the community with mileage, parking, addresses F1 4 -3 etc. 3/30/2017 F2 4 -3 Help us save the Shen Life Woodlands! 3/30/201 7 2/27/2018 Appendix C - 28 Public Input from Individuals via Comment Sheets Station 4 - Operations and Management Challenges F3 4 -3 i Gorgeous amenity! Great for quality of life! �LL 3/30/2017 F5 4 -3 Thanks for all volunteers and paid folks work! 3/30/2017 - - - -- -- - - - - -- — - - F11 4 -3 Thank you! 3/30/2017 F12 4 -3 1Thank you for your well done presentation tonight! 1 3/30/2017 I'm glad there is a project underway to replace the mile markers along the Roanoke River Greenway (an Eagle Scout project, I believe ?). Is there any way possible to add the mile markers to the interactive map on the site? It's a nice map as it is, but the mile markers (or at least a :few of them to let you see disance start to finish of a section, for E1 4 -3 example) would make it even better. 4/3/2017 If the map can be enhanced, it also might be nice to add symbols for restrooms (either permanent or porta- potties, doesn't really matter) and water fountains. Those new blue fountains the city just installed are NICE! A place to fill your water bottle, that made my day when I E2 4 -3 idiscovered that. 4/3/2017 2/27/2018 Appendix C - 29 Public Input from Individuals via Comment Sheets and Email Other Comments Station #4 ! Question 3'. Other Comments? Comment Question !Response Date More cooperation between localities. Dedicated funding, such as G1 4 -3 sponsorships. Consider solar lighting along the trail 3/21/2017 We in Faiview and Orchard Lake appreciate you hearing our ;concerns. Our hopes now is that futue planning dos not impact our peaceful family neighborhood. Again, thank you. Feel free to call me G11 4 -3 at 312 -2376 or email atjmhdeeds @gmail.com 3/21/2017 Other Overall: Connectivity is essential to sustainability and viable G15 3 -3 survival (economic development as impacted through accessibility) 3/21/2017 - - - _ - - - - -- Not about specific segments, but regarding composition -- to the ;extent possible stick with the softest feasible surface. For instance, (some city segments get such high use that a hard road -like surface is needed but I find it undesirable. Whever use allows, try to use less G22 3 -3 firm surface. 3/21/2017 Why did you put in exercise equipment by Addison Middle School that F9 isn't appropriate for that age group? 3/30/2017 ;This is a cost expense to the county, not needed. You gave up hub to Charlotte - business have left and more leaving. We need smaller i government- cut jobs. I hereby oppose the Greenway. There is the concerns for liability, security, landowners' land rights violated. The !type of crimes that could happen on the greenway. Taxes paid on ;land you are taking lost. Roanoke is a dying town since NS left. Why a greenway? Pets, crime, crime, etc. Ask do people in Roanoke County want more gov't control. Ask Roanoke County by election to vote to allow further trails. We need smaller gov't not projects to (increase govt. Do those using trails own land and have they donated any land for trails? I see at the meeting they shut up those speaking against the trails. I am a concerned landowner opposed to greenways. I I am opposed for the following reasons. My concern is liability, security, eminent domain, land rights, loss of taxes on land taken, who is allowed on trails including felons, rapists, murderers, sex offenders; the cost to Roanoke Co. to maintain these trails. Stores SC2 and jobs are leaving the valley. 4/3/2017 Brooke Stephens: Tinker Creek Greenway. She lives near LaMarre Dr. Wants a greenway in her backyard to she can walk to Wiliamson Rd. and businesses. She wants bus service on Willaimson Rd. Her neighborhod is getting older and people need option of walking instead of driving. One of her neighbors went to Mountain View SC5 I meeting and told her their was hope of getting a GW on LaMarre. 4/3/2017 Spring Hollow needs to be considered recreational resource like GV1 j Carvins Cove 4/6/2017 GV3 Keep the trails coming 1 4/6/2017 Appendix C - 30 Public Input from Individuals via Comment Sheets and Email Other Comments GV6 Safety issues? Drone surveillance? 4/6/2017 Greenways are or a1i generations. Senior Citizens make up a large — percentage of the population in the Roanoke Valley. "Old People" land other persons using mechanized wheeled chairs and would like to get outside. Motorized wheelchairs are permitted on Greenways. Many of them are battery operated. Some batteries only last for 15 ,miles. Please plan to install battery recharging outlets at strategic locations along the Greenways. Inclusiveness of ALL people is important on public projects. I look forward to hearing about where E3 4 -2 Appendix C - 31 Appendix D Public Response to Draft 2018 Plan Appendix D -1 Public Responses to Draft 2018 Greenway Plan April 19 - May 4, 2018 B = Comment Sheet Response; 0 = On -line Response or Email; FC = Flip Chart Notes at April 19, 2018 Meeting ID # Topic Comments B11 Greenway network I have not read the whole plan, but I am very supportive of continuing construction of greenways & connections. The greenways are one of the valley's best assets! B14 Greenway network Safe bike lane on 460 out. More work on Reed Mt. Greenway 817 Greenway network Go ahead and build some of the easier segments in outlying areas to get people interested in a county wide network. B19 Greenway network Please connect to Green Hill Park from Roanoke River Greenway. Also, continue the section directly behind GE to Hanging Rock Trail and the other direction to the Salem Greenway. 82 Greenway network Encourage the building of as many greenways /blueways as possible to get people outdoors. Great job so far! B22 Greenway network Complete the Roanoke River Greenway soon! Get Salem moving on its sections of the RR Greenway. Make the connection along the Sewage Plant easier to navigate. Educate bikers to slow down on the greenway where there are lots of walkers. B23 Greenway network And the sooner the betterl Better connectivity from the greenways to the trails -such as from Roanoke River greenway to the Mill Mtn. trails. B24 Greenway network Let's just complete the thing! B27 Greenway network The plan looks great! Focus on completing Roanoke River Greenway! Also connectivity to neighborhoods & side streets. B3 Greenway network Center lines in busy sections, ebikes on paved paths only, support tinker greenway connectivity, support greenway to greenhill park & explore park, increased tax revenue to Parks & Rec to support Greenways & trails. B30 Greenway network Complete Roanoke River section to Carvins Cove ASAP. Thanks! B31 Greenway network Not much planned for South Roanoke County. Only one trail (Back Creek /Mudlick) that is only conceptual at this point. Let's seethe design and funding for SW county greenways soon! Every other portion of the valley is seeing action. B32 Greenway network Very high on greenways, bikeways & blueways. I don't know enough facts to comment. Thanks for your work. B36 Greenway network Just anxious to see it completed west to meet with the Salem portion. Landscape plantings, trees, shrubs and art work add to the overall trail experience. B38 Greenway network The overall goal is fantastic. The Greenway system is a fabulous opportunity to benefit citizens & businesses and should be marketed as such. Without the benefit of construction /maintenance costs, we cannot accurately compare the various proposals. In general, I prefer that the greenway be off -road and separate from alternate transportation modes. B38 Greenway network Reach out to neighborhood associations to include their input; once involved, they might provoke more visibility and input. Work with transportation departments to link greenways with street bike paths and sidewalks, expanding the reach of both. Include the city bus system, including expanding its service area, as bikes are welcome on the buses. Solicit businesses that might be bike friendly (offering incentives to employees for biking) as well as encouraging customers utilizing the system. In tandem ( ?) with Transportation, develop paths that connect citizens with their everyday tasks as well as entertainment possibilities, again utilizing city buses to augment and expand the reach of the system & would eliminate some for the "drove to the park" crowd. B39 Greenway network I like the idea of providing more connectivity with neighborhoods very specifically, I would like to see a connector from 2nd Street over to 10th Street along Cedar Run, which is currently culverted under Coca -Cola, which is considering daylighting ( ?) along the north and east sides of its property- a good connector with their NW neighborhood and downtown. B40 Greenway network Use the greenway almost daily -I feel it is one of the best things the Roanoke Valley has going for it. I hope it will continue to grow and the various governments will continue to work together and support this worthwhile project. This is one of the top crown jewels in our area. Thanks to everyone for their hard work. B44 Greenway network I am a bicyclist for transportation. I will not be able to make it to the public information meeting. Please include this comments as part of the official record. Thank you. Appendix D - 2 Public Responses to Draft 2018 Greenway Plan April 19 - May 4, 2018 ID # Topic Comments B44 Greenway network The Roanoke River Greenway parking lot along Bennington Road, SE needs to be physically connected with the Tinker Creek greenway by a dedicated "off- street" multi -use trail. The property behind Rossi Industries is perfect right -of -way near Underhill Road to make this possible. The County needs to act now and get it done before the land transfers to another person /corporation. B45 Greenway network I am anxiously awaiting the Daleville greenwayl I You gals and guys are doing a great job! I I B46 Greenway network Hope there is a plan to link Fishburn to Wasena ... much needed for all of us across Brandon and Brambletonr B47 Greenway network I just wanted to take a moment and commend all of you on the great work you've done on the new plant I was reading through it today and it's amazing how much work everyone has done since last spring! I'm proud to have been a part of the process and I hope great things continue to come down the way for greenways in the Roanoke Valley. Like always, if there is anything I can do from afar don't hesitate to ask! B5 Greenway network Connect greenway to Parkway at Mountain View Rd, Garden City and Starkey. Finish Roanoke River Greenway to Botetourt County. FC -2 Greenway network Rails to Trails to connect to Franklin County and on to Martinsville FC -2 Greenway network Connect to Greenhill Park (Priority) FC -2 Greenway network Bike lane Loch Haven Drive 4 Plantation Exit 146 FC -2 Greenway network Need to replace segment Bennington to Golden Park with lower grade greenway FC -2 Greenway network Need parking at Peters Creek & Brandon FC -2 Greenway network 2nd to 10`h Cedar Run. Coordinate with Coca Cola FC -2 Greenway network Roanoke River Greenway to Explore Park FC -2 Greenway network Need connection with Parkway at Starkey and Garden City 01 Greenway Network I think you should ensure a safe path between the Roanoke River Greenway and the Salem VA Medical Center. I think it would encourage employees an alternative way to commute as well as allowing veterans a safe way to find their way to the VAMC. Also, the section of railway that was donated to the Transportation Museum should be re -gifted to the city for a rails to trail section (from Bridge St to Franklin Rd) that could allow a high speed lane for bikers and commuters. To have a diesel locomotive cut across our green spaces is unthinkable and downright wrong. 011 Greenway Network I would like to seethe mudlick creek greenway expanded ASAP. Specifically the area from Hidden Valley to Cresthill. I believe this area would be used by the many households specifically with children in the area. The off -road greenway would also provide an avenue for recreation in the area and safer passage for cyclists and runners who would prefer to not run/ bike on 221. Thank you. We love the GREENWAYS! Appendix D - 3 Public Responses to Draft 2018 Greenway Plan April 19 - May 4, 2018 ID # Topic Comments 012 Greenway Network I'd recommend reserving the term "Greenway" for paved, separated, wide paths that connect (or will connect) to the entire system. Murray Run "Greenway" and Mill Mountain "Greenway" is misleading Murray Run is single track trail and Mill Mountain is on -road, not even a bike lane. I get that it is all part of the bigger greenway plan and greenway picture. It's just super confusing to someone new to Roanoke to think you can get from Brambleton to Grandin on this "greenway" and then - surprise! it's actually a mountain bike trail and you weren't riding a mountain bike so you're walking it. A significant problem with the Mill Mountain "Greenway" is getting through Elmwood Park. It has never been clear to me how this is supposed to be done. I end up just going on Williamson Rd up to the stop light. That's fine, although it would be better if the parking lane was a bike lane especially when traffic is high volume which it often is, but the map still looks like you wind your way through the park and when I'm in the park I'm just not seeing what path I'm supposed to take. Do I go up and around the amphitheater? That's steep and awkward. Lick Run Greenway sort of serves the under - served, but it doesn't connect to those neighborhoods as much as you'd think because it's on the other side of the creek so you can only get on it at 10th & 19th (Norris). The 10th St project improves matters a lot. Something should be on 19th St to make it more clear that here is a good connection to the Lick Run Greenway and a straight shot to Valley View. I don't think 19th gets a huge amount of traffic so I'd think it would be relatively inexpensive with paint & signs. I'm glad to see the recommendation to move the on- street Underhill section of the Roanoke River Greenway to off - street. That is a huge barrier! Figure 4 -17: 1 love this map that shows the progress. But I believe the latest RSTP funds are for the "red" (unfunded) sections so it is now 100% funded, in construction, or completed from Explore to Green Hill, right? Seems like we should celebrate that! Roanoke River Greenway on- street connection to 24th St & Melrose Ave: Goodwill is just 1 mile from the Roanoke River Greenway but it might be 10 miles because the only connection is through Shaffer's Crossing. Establishing a safe and pleasant path, even if it is on- street, could be accomplished with murals and narrower lanes through Shaffer's Crossing (lanes are VERY narrow through the north, oldest tunnel but then widen out and traffic speeds up as soon as the lanes widen). 012 Greenway Network Section 5.2.3, City of Roanoke's sidewalk construction program is first - come - first - served and has no prioritization for transit routes, Greenway connections, multimodal centers /districts, filling gaps or contributing to the overall network. I wish the Greenway Plan would actively recommend that the City prioritize sidewalk construction some other way than in order of requests. Maybe not for this current plan but consider debating & coming up with a consistent message regarding ebikes. It will take a lengthy debate because I know some of your members are dead set against ebikes and seem to refuse to consider any other position. Simply banning them is just not going to work. Too many people using them and it's not fair to ban them all because some people could go too fast. Not all ebikes are the same. Speed limits seems much more reasonable. So long as they are electric motors - not gas - and some people need that assist. Maybe I could get up Underhill Rd if I had an assist. 013 Greenway Network I would like to see a definition of a greenway included. The plan seems a little fluid in what a greenway is. I would like to see the plan focus on the wider paths in linear urban open spaces or corridors, I would exclude on -road bike facilities and allow them to be addressed in the regional bike plan. Natural surface (single - track) trails can be addressed through park master planning. The greenway can reference these plans. Some of the proposed greenways do not seem feasible. I would let the plan focus on what could be achieved in the next 20 years. Otherwise, the plan looks good and is thorough. 05 Greenway Network Build Murray Run Greenway from existing location up Ogden Rd. to Tanglewood Mail. 08 Greenway Network Finish Roanoke River and Tinker And Hinchee connection to Carvins Cove. B9 On Road Connections Include the Community Arboretum at VA Western in the plan /map as an extension off of the Murray Run Greenway. This should be easier option as sidewalks are included in the Colonial Ave improvement project. Appendix D - 4 Public Responses to Draft 2018 Greenway Plan April 19 - May 4, 2018 ID # Topic Comments BI Operations Use /Maint More nature & Historical interpretation si na e B10 Operations Use /Maint I believe the greenway brings an excellent opportunity to support or conduct ENVIRONMENTAL EDUCATION programs. Some signage could be a low cost and high impact tool, just to use the beautiful landscape as a reminder to the community about protecting natural resources. Volunteering opportunities such as cleanups are great ways to participate and complementing those intentionally with education tools towards environmental protection /stewardship. The greenway needs recycling bins! B15 Operations Use /Maint People move here b/c of our outdoor amenities. B15 Operations Use /Maint Hold public events on the greenway. B16 Operations Use /Maint Wonderfully thorough planl I had no idea so much work had been done & is planned. Kudos to all of you for making this happen. Huge quality of life improvement for me. And good luck with Walker Foundry- LOL! B16 Operations Use /Maint 1.) Massive behavioral based education plan for newbies on the greenway. Some way that people not familiar with safe etiquette can know #1, #2, #3 only top biggest rules. 1. stay on right. 2. No leashes across path. 3. Let people ahead of you know when you are passing. 2.) Make it wide - -only in certain sections like Wasena playground bend, right before entering River House low water bridge, etc. B20 Operations Use /Maint Please continue ahead full steaml Make sure Parks & Rec receive extra funding to manage new facilities! B25 Operations Use /Maint Use it daily from downtown to Crystal Spring area and to Black Dogl B25 Operations Use /Maint Consider closing the car section from the ice house to south Roanoke tennis courts. This is the heaviest traffic on greenway- Bikers, walkers, baby carriages, fisherman. The car usage is too light to justify B28 Operations Use /Maint I just met another couple who recently chose to retire here based on outdoors trail access, weather ( ?) and more. I would really hope that Roanoke City Council as well as all other municipalities would continue to fully support this plan. B28 Operations Use /Maint Widening greenway paths in high traffic areas i.e. Wasena, Smith. Solar lighting. Fix busted kiosks in Salem. B29 Operations Use /Maint I am excited to see the plans and their momentum! B29 Operations Use /Maint Incorporating renewable energy options into suggestions of items requiring power (solar, wind). Where possible incorporating bmps to minimize runoff and educate users of the benefits of reduced storm water (but this is likely in the plan). Municipalities dedicating funding to the greenways. Removing Niagara Dam. Protecting Riparian areas (stream bank vegetation). B33 Operations Use /Maint In general, I prefer greenways and trails that require less maintenance because of the environmental impact of mowing & cutting. 1 therefore support dirt trails with low maintenance landscaping wherever possible. I'm surprised by the old average age of the old average age of the crowd at this event. Younger people certainly use the greenways, but I guess they don't come to events like this. I hope that you see their input in other ways so that their voices don't get left out. B34 Operations Use /Maint Please finish #40 (RR greenway) soonest! Thanks for doing this! There seems to be many opinions of what not to do. Priority should be that ALL sections be clear, well maintained, and safe. Some patrons (oldest) are now in maintenance mode and are mature. Perhaps the experience of other municipalities would offer some guidance as to what works best for those and possible errors to avoid. Keep up the good work! B35 Operations Use /Maint The plan(s) always seem to make good sense once I understand them. I suppose what my two issues would be (1) we need to move faster, spend more money if need be, but move faster towards completion. (2) To me it always seems to be confusing as to where are the trail heads, what is completed and what is not. It seems too difficult to tell others where to go to get them on any given section and where it ends. Appendix D - 5 Public Responses to Draft 2018 Greenway Plan April 19 - May 4, 2018 ID # Topic Comments B37 Operations Use /Maint love the idea of a birding and wildlife trail but not sure how you would do this. Having some sort of open bird sanctuary that can really showcase some of the region's native birds would be great. Also a butterfly garden would be lovely. B4 Operations Use /Maint Thank you for all the hard work, thought & vision that went into this plan. B4 Operations Use /Maint My biggest concern about the greenways are they are too crowded and sometimes dangerous b/c people are not sharing the space. Wider paths would help -maybe more communication regarding where all the trails are & parking so people do riot concentrate all in over - crowded popular spots B41 Operations Use /Maint 1. Come up with a way to make part of the Roanoke River a "River Walk" with a commercial aspect, similar to River Walk in San Antonio, TX. I think it would be a great tourist draw in addition to being enjoyed by our own citizens. 2. Come up with a way to get more than just small trash picked up out of the Roanoke River. Flood waters have left unsightly logs and broken trees that could be cleared. B43 Operations Use /Maint There are a lack of recycling bins around greenways. This is a missed opportunity o improve the region's sustainability. I imagine folks who frequent greenways will be more inclined to recycle than the average person. B43 Operations Use /Maint I think it would be nice if the tennis courts in Wasena Park would be repaired. It is a great location that could attract a community of tennis players, like at Rivers Edge. Currently, the courts are in disrepair and an eyesore. If not renovated, they could be repurposed into a skate park, for example.. A renovation would attract more people to this section of the park, which currently lacks vibrancy. B48 Operations Use /Maint Recommendations for ensuring that greenways are handicapped accessible. B50 Operations Use /Maint Location of Greenway update at Berglund Center was PERFECT! The Greenway connects all neighborhoods(not those just south of the River), the region and the Commonwealth. I always think the HUB is in downtown Roanoke. BUT The civic center location allowed ownership and buyin from the localities who make up the Greenway commission. Parking: encourage localities to provide on road or trail connectors to the industrial parks and neighborhoods so parking not so much a need to build. The APBP website has examples of shared use path designs. From: People not able to attend: How can I find the plan and make comments? From past County appointed Greenway Commission member. "Why so slow a process, frustrating ?" Need industries to help build Greenways. (I know you have asked Lewis Galeabout the stretch in Salem. Novazyme has been a corporate citizen. Companies support the Gallop for Greenways) Kenny Wingfield: Kenny has MS add has trouble accessing the bathrooms. Check out his comments. If no comments, I hear about this ALL the time. Other: User conflict is a topic. Separate the users. Bob Herbert included the multiuse path in the flood project to meet cost benefit ratio needed by Federal Gov. The flood was in 1985. Might need to update the design for the trunk of the Greenway. STAY RIGHT; PASS LEFT; SOUND or GREET or ANNOUNCE B51 Operations Use /Maint Most comprehensive plan that I am sure took lots of work. My concerns are still the same. Enforcing biking and speed limits and if possible separating bicyclists from pedestrians. One constantly sees terrible situations for instance a father riding bicycles with his children all in a row across the greenway riding like that in the curvy section of Roanoke Memorial. Also, that book nook stand near the hospital needs to be moved. People standing there looking at books are in grave danger of causing an accident. 853 Operations Use /Maint Roanoke is a bicyclling destination. Last week Roanoke received the Silver Designation for mountain biking. Please see the proposed route for United States Bike Route 11. The proposed route includes the Skyline Drive and portions of the Blue Ridge Parkway. B7 Operations Use /Maint The Greenways give me a better quality of life and they also make the Roanoke Valley a more attractive place to relocate. I like the way all the possible opportunities are recognized and added to future plans. You have the right priorities! Appendix D - 6 Public Responses to Draft 2018 Greenway Plan April 19 - May 4, 2018 ID # Topic Comments B7 Operations Use /Maint Keep all motorized vehicles including electric off. Under current conditions in some sections kids' bikes are ok but cyclists should use the road. Maybe the greenway should be widened and delineated. I say this as a cyclist and a walker. Cyclists fail to call out and one false move could be devastating. More bike lanes would be good. A bike lane on 311 from Hanging Rock to Bradshaw and the road to the Cove is badly needed. FC -4 Operations Use /Maint Recycling bins for users FC -4 Operations Use /Maint Stopspraying pesticides on the greenway FC -4 Operations Use /Maint Plant (and keep unsprayed) edible landscape! FC -4 Operations Use /Maint E -bike on paved trails only. FC -4 Operations Use /Maint Signage for blueways & greenwa s on VDOT bridges that cross reenways /blueways FC-4 Operations Use /Maint Homeless on the greenway FC -4 Operations Use /Maint Bathrooms open year -round FC -4 Operations Use /Maint Connectivity to livability -so do not need to drive FC -4 Operations Use /Maint More trash cans FC -4 Operations Use /Maint No trash cans pack it in/ pack it out FC -4 Operations Use /Maint Great job on keeping the greenways clear after stormsl FC -4 Operations Use /Maint Keep user "rules" simple FC -4 Operations Use /Maint More river access points for boating FC -4 Operations Use /Maint Connection from Towers /Lakewood Park to Smith Park greenway FC -4 Operations Use /Maint Emergency Pole /station in case of emergencies FC -4 Operations Use /Maint Big and informative and easy to navigate packets for visitors and locals; ex. Bikeshare, access points for GPS, FAC.s, etc FC -4 Operations Use /Maint More lighting for winter months FC -4 Operations Use /Maint Neighborhood based art projects FC -4 Operations Use /Maint Respite stops... contemplative spaces FC -4 Operations Use /Maint Additional places to touch the water 010 Operations Use /Maint stop paving, stop cutting down trees, stop scarring our land! 03 Operations Use /Maint As a daily user of Wolf Creek Greenway, my personal concern is maintaining this greenway as a natural /unpaved surface. There are too few unpaved options. The human body is not meant to walk long distances on hard surfaces. It is important that some parts of the system be accommodating to people who desire a more natural experience without having to resort to more rugged hiking trails. 04 Operations Use /Maint This plan seems to mainly talk about the expansion and nothing about the upgrades to the existing Greenways. I walk the Wolf Creek Greenway... the bottom of the list Greenway. It could use some major improvements such as the surface which is some areas is like walking in loose sand due to the gravel too thick and huge gravel in other areas. It makes it hard to ride a bicycle, especially for a child. A lot of folks walk in the grass to avoid walking in this mess. It would be nice to have more bathrooms since in the winter the toilets are removed due to vandalism in Goode Park so that leave two and one is at Stonebridge and the other on the Vinton side. There needs to be more trash cans since once you past Goode Park there are none on the trail going towards Mountain View Road, unless you go all the way into Stonebridge Park just to throw a water bottle away. I have not seen any improvements at all to this Greenway. More needs to be done to what is already being used instead of worrying about connecting them which seems to be the top priority. B12 Tinker Creek I'm excited about #43 Tinker Creek Greenway & #36 Perimeter Trail. 613 Tinker Creek Looking forward to the Tinker Creek Greenway and hope a route can be found everyone can get behind. I love linking to Carvins Cove on the east side of Roanoke. Thanks for linking Garden City to the Roanoke River trail! B18 Tinker Creek I only support subarea 3. 1 object to the route from Old Hollins Rd behind Mt. View School. 618 ITinker Creek 1 really like Subarea 3. Appendix D - 7 Public Responses to Draft 2018 Greenway Plan April 19 - May 4, 2018 ID # Topic Comments B21 Tinker Creek Please do not have the route on Tinker Creek (sub -area 3) at all when other routes on Plantation Rd will work. B26 Tinker Creek As a resident of the Tinker Cree Area, we support the greenway running along Plantation Rd. We love the greenways. B42 Tinker Creek I support the Greenway Plan but as a homeowner whose property borders Tinker Creek, I only support option B or option C for the Tinker Creek segment. Please consider putting street names on the maps so people can follow the proposed routes better. B49 Tinker Creek Thank you for the invite to the meeting. I unfortunately was unable to attend. I have been present at the meetings regarding the Daleville greenway. B49 Tinker Creek I live in Fairview off of Glebe and Orchard Lake. My neighbors and I have been very vocal about the desire to keep the greenway out of our neighborhood and the direct perimeter of our neighborhood. I didn't want my absence or input to be misconstrued as lack of interest in the planning stages of the greenway. I am indeed in favor of physical activity. We moved to the Fairview area for privacy and the desire to get away from our neighbors. We would appreciate the respect of our privacy in design of the greenway. Other connection points are available from the town center, to the Glebe, to the other desired connections. I have been in contact regularly with Mr. Farmer and will continue to advocate for my neighborhood. We are concerned about the negative affects of the greenway and our privacy. It should not be a consequence to us. Connectivity can occur through other routes that still give the option of the use of the greenway. B52 Tinker Creek Unfortunately, due to my work schedule, I was not able to attend the Greenway Plan meeting in April 2018. Please keep me on any emails about any future Greenway planning meetings. B52 Tinker Creek I am especially very interested in any future planning about Tinker Creek Greenway concept as I am very much in favor of a future Tinker Creek Greenway. I live near LaMarre Drive and Tinker Creek runs behind my home, and I think a Greenway in this area would be great, especially any type of Greenway that might have a link along LaMarre Drive to Williamson Rd and Hollins University. Thanks for your emails and for all your work to help the greenways, which is so much appreciated. B6 Tinker Creek As a landowner in the Villages of Tinker Creek area, I support the Greenway thru Tinker Creek. I understand some areas may need to be routed differently due to the terrain /etc. but a Greenway trail would further enhance the Hollins revitalization plan. B6 Tinker Creek We look forward to be able to ride from our location up to Carvins Cove, which I believe is a great, untapped resource (and tourist attraction) that can be utilized wisely. B8 Tinker Creek I remember when we came here to the Civic Center to see /comment on a brand new idea for Roanoke: The Greenways! We've come a long way since then. I was amazed at the extent of possibilities that are underway or under study. B8 Tinker Creek I am disappointed that landowners are still preventing the Greenway from following Tinker Creek. Putting it along Plantation RD would be much less desirable b/c of traffic noise and exhaust, and b/c it's a considerable hill climb -not so good for inexperienced cyclist. 1 love the idea of eventually being able to travel on a greenway to Daleville. A connection btw Loch Haven Drive and Plantation Rd is a great idea! Especially now with the Plantation Rd. improvements and the walking trail up to Carvings Cove. FC -3 Tinker Creek Zagster bike station at Plantation Road parking lot for Tinker Creek Greenway FC -3 Tinker Creek How do you connect 38 to the creek safely? FC -3 Tinker Creek End of Old Manor to creek is not going to happen (Jeff Obenchain) FC -3 Tinker Creek We do not support the section along Tinker Creek from Old Hollins Rd - behind Mt. View School (Stephen Rossi) FC -3 Tinker Creek Ditto above — Beth Rossi FC -3 Tinker Creek We sure do support it! -3 Tinker Creek I support the greenway along Tinker Creek. (Mark Eanes) FC-3 E TinkFC er Creek I prefer the eastern route on sub -area 5 in Daleville (James Hancock) Appendix D - 8 Public Responses to Draft 2018 Greenway Plan April 19 - May 4, 2018 ID # Topic Comments 02 Tinker Creek Let the greenway follow Plantation from Old Hollins Rd to ITT 06 Tinker Creek I live at 6918 Trevilian Rd. and am completely against the proposed subarea 3 Option A direction. My property includes part of Tinker Creek and the proposed option and my home has openings for doors and windows and am NOT happy with having people coming thru the edge of my property and the availability of them coming onto the property if the choose to cross the creek. Not looking forward to the area not being policed and many pets that are not cleaned up after. 07 Tinker Creek I live at 6918 Trevilian Road. Part of my property is next to Tinker Creek and is located in the "Subarea 3" section. I am totally against and do not support Option A due to this would put the access next to my property. I have windows located on my home facing the proposed Option A route. This is a safety and privacy risk to me and other neighbors. Brian K. Hood 09 Tinker Creek Landowners along proposed routes should have been notified about plans, in some cases years ago. Particularly those whose properties are mentioned specifically as highlights of the proposed routes. Wherever possible existing right of way corridors should be utilized, such as along low use railroad tracks, roads, and existing amenities. Properties should not be bisected by the greenways, rather the greenway should follow a path along existing property lines. The upper end of Tinker Creek in Botetourt specifically is currently a relatively pristine creek compared to the polluted mess in Roanoke County, and as such provides a home to some of Virginia's less common fauna that require clean water. Further, care should be taken to prevent the spread of invasive species currently found along the Tinker Creek corridor during construction of the greenways, if possible even commit resources for their removal so that Virginia's native flora and fauna can be on display for the greenway's users. Demonstrate good faith in pursuing the above and I could get on board and support some version of a greenway. First step: inform all potentially impacted landowners of proposed plans and include an apology that it hadn't already been done. Appendix D - 9 Appendix E Tinker Creek Greenway Conceptual Plan Appendix E -1 Tinker Creek Greenway Conceptual Plan Table of Contents I. Introduction ....................................................................... ..............................3 II. Background ................................................................................. ..............................4 A. Goals ...................................................................... ..............................4 B. Previous Studies ..................................................... ..............................4 C. Trail Development Status ....................................... ..............................5 D. Project Leadership: Tinker Creek Greenway Steering Committee and Planning Process ............................................ ..............................5 Ill. Resource Assessment and Route Analysis .......................... ..............................8 A. Inventory and Mapping .......................................... ..............................8 B. Challenges and Opportunities ............................. ............................... 11 C. Tinker Creek Community Meetings Summary ........ .............................12 D. Greenway Segment Evaluation Process ................. .............................14 E. Segment Analysis Results and Greenway Design Considerations ..... 16 — Subarea 1 ...................................................... ............................... 19 — Subarea 2 ...................................................... ............................... 21 — Subarea 3 ...................................................... ............................... 23 — Subarea 4 ...................................................... ............................... 28 — Subarea 5 ...................................................... ............................... 33 IV. Implementation .............................................................. ............................... 39 A. Public Comment from Community Meetings ........ ............................... 39 B. Project Phasing .................................................... ............................... 39 C. Cost and Funding Strategy .................................. ............................... 40 List of Figures: Figure 1. Roanoke Valley Greenway Plan, 2007 ................................ ............................... 3 Figure 2. Tinker Creek Greenway Study Area ........................................... .............................10 Figure 3. Community Meeting Mapping Exercise Results, Roanoke County Segments .... 12 Figure 4. Community Meeting Mapping Exercise Results, Botetourt County Segments.13 Figure 5. Tinker Creek Greenway Segment Analysis Matrix ................. ............................... 16 Figure 6. Tinker Creek Greenway Subareas ........................................ .............................18 Figure 7. Gateway Crossing Area Plan, Botetourt County .................. .............................35 Appendix E - 2 I. Introduction From downtown Roanoke, to its headwaters in Botetourt County, Tinker Creek connects a diversity of urban, suburban, industrial, and rural landscapes. Throughout the stream valley remnants of old mills, taverns, and historic buildings can be found. The Carolina and Great Wagon Roads both traversed the creek, which spurred early commercial and industrial development along its banks. Development of the Tinker Creek Greenway could expand awareness and interpretation of these heritage resources as well as connect natural areas, parks, and other trail systems such as Carvins Cove, Read Mountain, and the Appalachian Trail. In addition, the greenway has the potential to connect seven schools, a myriad of commercial areas, and employment centers, providing residents with a way to walk or bike to work and school, and visitors with a safe, physically active way to explore the area's attractions. For several years there has been interest in developing a greenway that follows the Tinker Creek corridor, beginning with the first study completed in 1992. With the Roanoke River Greenway nearing completion, business support such as the Deschutes Brewery in Roanoke and Ballast Point Brewing Company in Botetourt, and the addition of Botetourt County to the Greenway Commission, the timing is ripe for exploring next steps. The Tinker Creek Greenway Conceptual Plan builds upon past planning efforts, assesses trail development options, and provides recommendations regarding future greenway development. Figure 1. Roanoke Valley Greenways Plan, 2007 i Existing ' Priority #1 01 "' Priority #2 t Tinker Creek r �;r a Greenway . 7 Appendix E - 3 II. Background A. Goals The goals of the Tinker Creek Greenway mirror the broader regional greenway goals, specifically: — Recreation and Health: to provide access to the stream valley corridor for a multitude of trail - related activities (walking, biking, running, etc.), as well as fishing and wildlife viewing, to increase physical activity and enhance community wellness — Transportation: to increase transportation choice and reduce traffic congestion on nearby roads, through an expanded system of non - vehicular connections that link residential neighborhoods, commercial areas, employment centers, and community facilities. — Education and Interpretation: to illuminate the area's history and educate visitors about the unique ecological and heritage resources of the stream corridor — Environmental Conservation: to protect sensitive ecological areas, plant and animal species, and reduce impacts of flooding B. Previous Studies Numerous studies have been completed over the past several years to explore the idea of a greenway and trail along Tinker Creek. The following plans document the natural, historic, and cultural resources found along the stream corridor. They also highlight some of the issues and challenges to greenway development. The plans are listed below (links provided to the full documents where available): — Tinker Creek Conservation /Development Plan, 1992 — Tinker Creek Greenway Conceptual Master Plan, 2000 (Virginia Tech Landscape Architecture Class) — Tinker Creek Greenway Extension, Conceptual Layout, prepared by City of Roanoke Parks and Recreation Planning, April 18, 2016 In addition, Tinker Creek Greenway is mentioned in various state, regional and local planning documents, including: — 2013 Virginia Outdoors Plan, Chapter 10, Region 5, p.10 -58 — Roanoke Valley Conceptual Greenway Plan, December 1995, p. 36 -37, 41,43 — 2007 Update to the Roanoke Valley Conceptual Greenway Plan, p. 5-20,5-21 — Roanoke Valley Alleghany Regional Commission Rural Bikeway Plan, 2006 — Bikeway Plan for the Roanoke Valley Area MPO, 2012 Update — Vision 2040 Roanoke Valley Transportation Plan, September 28, 2017, p.150,154 — City of Roanoke, Comprehensive Plan Vision 2001 -2020, p. 64 — Hollins Area Plan, adopted November 2008, p. 52 -53 — Hollins Area Plan, Annual Update January 2010 — 2016 Gateway Crossing Area Plan, Botetourt County, November, 2016 — 2017 Parks, Recreation, Greenways, and Blueways Section of Botetourt County Comprehensive Plan Appendix E - 4 C. Trail Development Status In 2001, the City of Roanoke constructed the first 1.5 mile segment of the Tinker Creek Greenway from the Roanoke River to Wise Avenue, providing a connection between the proposed Roanoke River Greenway and Fallon Park. In 2012, a two -mile section was completed from Hollins University to Carvins Cove, built by Roanoke County, Hollins University and volunteers. The trail utilized Hollins University's land under an agreement and a donated easement across private property. A big boost to the planning effort came in 2016 when businesses at Roanoke Centre for Industry and Technology (RCIT) expressed interest in a greenway connection from RCIT to downtown. The City committed to completing the greenway segment between the Wise Avenue trailhead and Mason Mill Park. In addition, the FY17 Regional Surface Transportation Program awarded $1,220,000 for the Tinker Creek Greenway (Wise to Orange Ave), for FY 17- 19, spurring the City to start the engineering for this phase. Progress has also been made in Botetourt County. In 2012, County staff worked with engineers to develop a Daleville Greenway concept, linking the Daleville Town Center, Lord Botetourt High School, the trail system at Greenfield Center and the Tinker Creek corridor. In March 2015, Botetourt was awarded a $476,000 Transportation Alternatives Program grant for the first phase of development, and in 2016 the County joined the Greenway Commission. In December 2017, the County approved the "Parks and Recreation, Greenways and Blueways" Comprehensive Plan Chapter which included commitments to upgrade, maintain and expand trails and greenways throughout the County and continue to participate in the Roanoke Valley Greenway Commission, ensuring local planning efforts are aligned with the regional vision. D. Project Leadership: Tinker Creek Greenway Steering Committee and Planning Process In July 2015, the Executive Committee of the Roanoke Valley Greenway Commission (GC) formed the Tinker Creek Greenway Steering Committee in partnership with the Roanoke Valley - Alleghany Regional Commission (RVARC), City of Roanoke, Roanoke County, and Botetourt County. Support was provided by the National Park Service, Rivers, Trails, and Conservation Assistance Program (RTCA). The purpose of the committee was to assess greenway alignment options and gain consensus on a timeline and priorities for future greenway development. In December 2015, the first meeting was organized and the project team drafted a three - phased planning approach that included: 1) data collection, mapping, and analysis; 2) stakeholder engagement including meetings and workshops with neighborhood residents, businesses, schools, and other stakeholders in the project area; and 3) development of recommendations and completion of a conceptual greenway plan to document findings. The following tasks and roles were established: 1. Inventory and document corridor resources. (Localities, GC, and RVARC) 2. Compile GIS maps of corridor features and land ownership. (RVARC) 3. Engage stakeholders, including neighborhood residents, businesses and corporations, civic groups, universities and institutions, VDOT, locality and agency staff, schools, and others as identified. (Steering Committee) Appendix E - 5 4. Identify potential alternative alignments; evaluate constraints and opportunities for each alignment. (Steering Committee /RTCA) S. Design and host public forums to receive input on corridor options, evaluate input, and incorporate into the analysis. (Steering Committee /RTCA) 6. Complete trail alternatives analysis; document and map findings and recommendations. (Steering Committee /RTCA) 7. Develop a multi -year implementation plan with relative cost and funding options for greenway segments, critical milestones and phasing, and a maintenance and operations strategy. (Steering Committee /RTCA) 8. Incorporate the greenway concept into the Roanoke Valley Greenway Plan (2018 revision) and present to councils and boards for adoption. (RVARC with GC and local jurisdictions) 9. Calculate preliminary engineering and cost estimates for preferred alternatives. (Future task -TBD) In the first year, a resource assessment, including inventory and GIS mapping of natural, cultural, historic, and community resources, land ownership and corridor amenities was completed with support from the RVARC. Aerial footage of the greenway corridor was also collected, utilizing a professionally licensed drone operator, and an edited video for the existing one -mile segment from Wise Avenue to the Roanoke River Greenway was developed pro bono by the contractor. Community outreach was initiated in 2016 and expanded in year two to assess interest and support of corporate /business landowners, Virginia Department of Transportation (VDOT), Hollins University, and adjacent neighborhoods. In March and April 2017, a series of six community meetings were held in conjunction with the regional Greenway Plan to receive input from citizens on route alternatives for Tinker Creek Greenway. The meeting schedule included: March 21: Greenfield Education and Training Center, Botetourt County, Daleville, VA March 27: Mountain View Elementary School, Hollins /Roanoke, VA March 30: Fishburn Elementary School, Roanoke, VA April 3: South County Library, Cave Spring /Roanoke, VA April 6: Glenvar Middle School, Roanoke County /Salem, VA April 10: Vinton War Memorial, Vinton, VA Tinker Creek options were evaluated in small group break- out discussions at the Botetourt, Mountain View, and Vinton forums. Additional information on community meeting results can be found in the 2018 Roanoke Valley Greenway Plan, Chapter 3 and Appendix C. In addition, Botetourt County held a community meeting Tinker Small Grouo Discussion held at the Greenfield Trainina Center. Appendix E - 6 on June 6, 2017 to discuss alignments for Daleville Greenway. Several attendees asked questions about Tinker Creek Greenway at that time. Following the community meetings the Steering Committee worked to refine route maps and analyze the feasibility of various options. A detailed analysis of the corridor was conducted by breaking the entire corridor into 48 segments with logical endpoints, and ranking the segments based on agreed upon trail evaluation criteria that included constraints, opportunities, technical feasibility, and neighborhood support. The corridor analysis was completed in 2017, showing pros /cons and the relative priority of the trail segments based on the ranking. The committee created a final set of maps, based on the findings. Refinement of the concepts and development of an implementation strategy were completed in May 2018. Appendix E - 7 III. Resource Assessment and Route Analysis A. Inventory and Mapping In 2000, Virginia Tech students completed a comprehensive resources inventory for the ten - mile section of Tinker Creek in Roanoke City and County. The inventory served as a foundation for the development of a conceptual plan that was presented to the community at two public meetings. Although the plan was not officially incorporated into locality comprehensive plans, it was utilized as a resource guide and reference by local Planning and Parks and Recreation staff. The Committee expanded and updated the Virginia Tech assessment by adding Botetourt County, and created up -to -date GIS map files for the corridor. Field work was conducted to verify map data, and drone video was compiled to provide an overview for corridor analysis, outreach, and community meetings. Overview The Virginia Tech student research documented that the Tinker Creek corridor is rich in both natural and cultural resources, although some sections have been impacted by development. Tinker Creek originates from natural springs along the hillside of Tinker Mountain, providing year -round cold temperatures favorable for trout. The presence of limestone and dolomite buffer the stream's pH level, and make Tinker classify as a limestone stream. Several animal species are listed as state and /or federal threatened or endangered. There are no endangered plant species listed. The students also identified twelve historic properties located along the corridor including: Monterey, Bell Mont, Billy's Cabin, Fellers School, Lee Fellers House, Huntington, Harshbarger House, Windmere, Grey Flora House, Nininger House, the William Fleming Gravesite, and the Totera Indian Council Ground, some of which are listed on the National Register of Historic Places. Several sites are also listed in Botetourt County, including: Nininger's Mill (also known as Tinker Mill) near Daleville; the Bowyer - Holladay House; and Greenfield, a historic plantation that includes the site of the William Preston House (destroyed by fire) and slave dwellings and cemetery. (For more information see: Virginia Landmarks Register and National Register of Historic Places) Tinker Creek Greenway Study Area Figure 2 shows the entire Tinker Creek Greenway study area from the Roanoke River to Greenfield Center in Botetourt County. The alignment shown in the 2007 Roanoke Valley Greenways Plan was used as the starting point for analysis, which showed the greenway as a line extending up the creek. The planning team looked at land use patterns, property ownership, and physical constraints on both sides of the creek to assess opportunities for future trail development. The Committee found that there is significant diversity in the landscapes that the corridor passes through, from urban core to suburban to rural areas. Although some locations offer streamside locations and terrain suitable for trail development, other sites are constrained by Appendix E - 8 limited space between the creek and roadways, railways, or residential structures. Trail constrictions are most prominent in three locations: 1. There are several areas between Hollins Road (near the City boundary) and U.S. 11 /Williamson Road, especially north of Mountain View Elementary School, where alternative options along roadways have been analyzed. 2. The area along U.S. 11 /1-ee Highway, between Hollins and Cloverdale, where the creek travels back and forth under U.S. 11 /1-ee Highway, and is constricted by highway and industrial /commercial development. An option to utilize connections on Tinker Mountain was analyzed for this area. 3. The underpass in Botetourt County where Tinker Creek travels under 1 -81 is constricted by an active rail line and private property, presenting the challenge of where and how to cross under the highway. Two other options include the Hollins University pedestrian underpass and Reservoir Road. Connecting and Spur Trails: From its headwaters in Botetourt County, Tinker Creek is fed by Carvin Creek, Lick Run, and Glade Creek, offering future connections to these regional greenways, as well as several opportunities for spur trails that connect to parkland or other trail systems including: • Lick Run Greenway • Glade Creek Greenway • Carvin Creek Greenway (proposed) • Read Mountain Preserve • Carvins Cove Natural Reserve • Daleville Greenway (proposed) • Appalachian Trail • Read Mountain Greenway (proposed) These features were included in the overall analysis to evaluate opportunities for connections to areas adjacent to, but outside of, the Tinker Creek study area. Primary destinations and connection opportunities in each jurisdiction were also identified and are listed below. City of Roanoke Connection Opportunities: Roanoke River Greenway, Roanoke River, Glade Creek Greenway, Fallon Park, East Gate Park, Mason Mill Park, Monterey Golf Course, Blue Hills Golf Course, Read Mountain Preserve, Indian Village housing project, Regional Center for Animal Care and Protection, Deschutes Brewery, Roanoke Centre for Industry and Technology Roanoke County Connection Opportunities: Friendship Retirement Community, Mountain View Elementary School, Village at Tinker Creek, Hollins University, Carvin Creek Greenway, Carvins Cove Natural Reserve, Brookside Park, Hollins Park, Walrond Park, Sadler Park, Community School, Tombstone Cemetery Botetourt County Connection Opportunities: Daleville Town Center, the Glebe Retirement Community, Botetourt Center at Greenfield, Gateway Crossing Urban Development Area (UDA), Carvins Cove Natural Reserve, Appalachian Trail, Greenfield Recreation Park, Lord Botetourt High School, Greenfield Elementary School Appendix E - 9 Figure 2. Tinker Creek Greenway Study Area Appendix E - 10 Tinker Creek Corridor Map REGIONAL Legend 2007 Conceptual Line ..... 2018 Alternatives ......• Design Underway Built Tinker Creek Greenway — Roanoke River Greenway ••.•••• Conceptual Roanoke River Green% — — Other Built Trails - - -- Conceptual Connecting Greenways Existing Sidewalk --- Appalachian trail Conceptual Daleville Greenway Roanoke River ^---- Streams Interstate 81 Industrial Park Daleville Town Center Roanoke Gas Property School Parcels WVWA Property Public Lands Railroad Railway Properties 0 03 06 12 16 2, B. Challenges and Opportunities The Committee identified several challenges to trail development that are discussed below, including: site constraints, cost, and community support. Site Constraints /Feasibility: Past development along Tinker Creek has often left a very narrow (30 -50') buffer between the creek and adjacent roads, residential properties, and developed commercial and industrial facilities. There are also constraints of steep slopes /cliffs, utilities, dams, and structures. Environmental review, permitting, and compliance with new storm water regulations involving construction near streams will need to be adhered to, and in some areas there are limited options for securing rights -of -way and /or complying with regulations to build a sustainable trail. Cost: A second challenge is identifying and securing funds to build the project. Although the region has had success in securing funds for greenway development, there is a continued need to work collaboratively across the three jurisdictions to leverage resources so that projects complement each other, rather than compete for funding. There is also a need to address long- term maintenance and operational costs. Community and Political Support: While a large majority of citizens have documented support for greenways in general, and along Tinker Creek specifically, there are areas where adjacent neighborhoods have expressed concerns about potential impacts. These concerns include privacy, safety, and security in places with limited buffer areas between homes and the potential trail location and concerns about interruption of farm operations. Addressing these issues through trail design and an alignment that is sensitive to adjacent properties will be needed in order to gain support from the community at large and subsequent support from elected leaders. There are several opportunities and benefits from development of the Tinker Creek Greenway. Multi -Modal Connections /Quality of Life: Tinker Creek Greenway has the opportunity to connect thousands of people from diverse socio- economic backgrounds in the City of Roanoke, Roanoke County and Botetourt County. For much of the corridor, citizens do not currently have a greenway in their neighborhood. Once developed, the Tinker Creek Greenway will be within a half mile, or 10 minute walk, for 24,500 residents and employees, expanding opportunities for walking and biking to work or school. Community Health and Wellness: A growing body of research published by Active Living Research and other organizations show that residents are significantly more likely to meet Center for Disease Control guidelines for physical activity if there is a trail or greenway near their home.' Carilion Clinic helped fund the Roanoke River Greenway in front of Roanoke Memorial Hospital and sponsors "doctor walks" on the greenway. This model could be expanded to Tinker Creek Greenway where businesses along the corridor could support community wellness. 'The Power of Trails for Promoting Physical Activity in Communities. Active Living Research, January 2011 Appendix E -11 Economic Development: The Roanoke Valley Greenway Commission, Roanoke Outside, and local jurisdictions have documented the economic value of greenways and traits. For example, the City of Roanoke and Roanoke Outside co -host the annual GO Fest. In November 2016 the festival, which took place at River's Edge Sports Complex, attracted 30,000 people and generated $180,000 in retail sales in a single weekend. Greenways have been a selling point for businesses considering relocation decisions, with business leaders recognizing their value in attracting and retaining a skilled workforce. For example, in the past few years, two breweries have located to sites along the future Tinker Creek and Daleville Greenways. Finally, greenways have become the focal point for outdoor events, walks, and runs. There are now over ninety 5k races per year in the City of Roanoke alone, as well as weekly pub runs, bike rides, and other family - friendly programs. C. Tinker Creek Community Meetings Summary In spring 2017, a series of community meetings were convened, to allow local citizens the opportunity to review and provide input on greenway options. Workshop participants evaluated several trail route alternatives and were provided the opportunity to propose new alignments, while thematic challenges and opportunities were documented by staff. The diversity of perspectives can be graphically viewed in Figure 3 and Figure 4, with "green dots" representing the preferred greenway routes noted by workshop participants. Figure 3. Community Meeting Mapping Exercise Results: Roanoke County Segments Appendix E - 12 Citizens who attended the Mountain View session expressed concerns about aligning the trail near the creek in the Hollins area of Roanoke County, due to limited space between the creek and residences. This was a particular concern of residents in the neighborhoods near LaMarre Drive. The vast majority of workshop participants preferred that the trail be located along existing roads such as Plantation Road away from private property. Citizens at the Botetourt session, however, favored trail connections that took advantage of stream valley areas to provide a more natural setting, away from vehicular traffic. Participants were split in terms of preference but favored a route along the creek rather than along Plantation Road. Citizens at both meetings expressed an interest in a trail connection to Carvins Cove. Both meetings showed an interest in avoiding the densely developed area along Lee Highway between Hollins University and Cloverdale, and instead preferred routing the trail on the west side of 1 -81. Citizens at the Botetourt meeting identified a new trail connection along the creek at the base of Tinker Mountain west of the Daleville Town Center to connect to Greenfield trails. This option was drawn in by workshop participants. Figure 4. Community Meetings Mapping Exercise Results: Botetourt County Segments Appendix E - 13 D. Greenway Segment Evaluation Process The next step for the Committee was to divide the greenway corridor into 48 trail segments for further analysis, develop evaluation criteria, and apply the criteria to each of the trail segments. Evaluation Criteria: The evaluation criteria consisted of eight elements: 1. Connectivity 2. Visitor Experience /Scenic Quality 3. Destinations 4. Landownership /Right -of -way 5. Feasibility /Site Constraints and Cost 6. Community Support 7. Economic Development Potential /Financial Support 8. Mitigates or Addresses a Safety Issue Definitions: The following definitions provide a description of the element as well as point values that show how the segments were scored. 1. Connectivity. Does the trail segment connect to other trails or bike - pedestrian facilities? Will the segment provide critical continuity by closing a gap or eliminating a barrier in the regional network? 5 = Extends /connects to existing trail or bike - pedestrian facility 3 = Extends /connects to funded trail or bike - pedestrian facility 0 = No connection to existing or funded facilities 2. Visitor Experience /Scenic Quality. What is the quality of the corridor and landscapes the trail traverses? Are there natural areas, historic sites, scenic vistas or other resources that provide for an exceptional user experience? Are there assets or attractions that can be interpreted? 10 = High visual quality / visitor experience (shaded corridor along stream, etc.) 5 = Mix of landscapes, some high quality, some low 0 = Low visual quality (along busy roadway, industrial land use, etc.) 3. Destinations. Does the trail connect destinations for commuters and recreational users, (i.e. schools, employment centers, community facilities, parks, commercial areas)? 5 = Direct access to multiple destinations 3 = Proximity /indirect access to some destinations 0 = No access to job sites, schools, commercial centers, etc. 4. Landownership /Right -of -way. Will the trail segment be located in existing public right - of -way or will easements or fee simple purchase be needed from private land owner(s)? 10 = 100% in public ownership or secured through easement 5 = Part of right -of -way is secured; part is not 1= Some support from landowners; easement under negotiation 0 = 100% privately owned; entire segment needs negotiation with property owner(s) Appendix E -14 5. Feasibility /Site Constraints and Costs. Are there technical and physical barriers to trail completion? Rivers /streams to cross? Highways or rail lines to traverse? Environmentally sensitive areas? Wetlands? Steep slopes? How costly isconstruction, i.e. board - walking, bridges, or other infrastructure improvements? 5 = Limited or no barriers to development; limited environmental impacts 3 = Some barriers that could be addressed but solutions may be costly 0 = Numerous and high cost constraints, i.e. railroad crossing; environmental issues 6. Community Support. Do adjacent neighborhoods and the community at -large support this trail segment? What has the response been from the meetings, comment sheets, surveys or direct communication to staff? 5 = Community supports (i.e. lots of green dots on preference maps) 3 = Mixed review by community; no consensus on route 0 = Community opposition (i.e. negative survey responses, forum comments, notes on map) 7. Economic Development Potential /Financial Support. Does the segment provide an opportunity for economic development, business investment, private - public partnerships? Is a business or other (under providing financial support for trail development? 5 = High economic potential, business providing financial support 3 = Moderate opportunity for future economic development 1= Low economic development potential 8. Mitigates or Addresses Current Safety Issue. Does the segment address a current bike - pedestrian safety issue? 5 = Yes, addresses current safety concern (i.e. provides separate facility to move pedestrians and /or cyclists off the roadway, improves intersection safety, etc.) 0 = No, does not address a current bike - pedestrian safety issue Cumulative score: Range 0 -50 Sample Ranking Form Total Appendix E - 15 (poor) Range (great) Score Connectivity 0 1 2 3 4 5 Visitor Experience /Scenic Quality 0 2 4 6 8 10 Destinations 0 1 2 3 4 5 Land Ownership /Right -of -way 0 2 4 6 8 10 Feasibility /Site Constraints, Cost 0 1 2 3 4 5 Community Support 0 1 2 3 4 5 Economic Development Potential /Financial Support 0 1 2 3 4 5 Mitigates Safety Issue 0 = no 5 = yes Total Appendix E - 15 E. Segment Analysis Results and Greenway Design Considerations The trail segment scores on the eight criteria were developed by staff from that locality. Those scores were compiled into a spreadsheet showing how each segment scored for each individual criteria, as well as a cumulative score (see Figure 5). Figure 5. Tinker Creek Greenway Segment Analysis Matrix___ Ranking Categories a E y t; a c U ° .01 v j a X c m c +' 0 a m e O N '° c U U- 0 , o E a E 0 `n c ,°: o w a a Ln O E a 1 ^ Existing section - Tinker Creek Greenway Roanoke City 2 Segment not scored; in design phase Roanoke City 3 3 7 4 5 3 4 3 2 31 Roanoke City 4 0 5 3 1 2 3 2 2 19 Roanoke City 5 0 5 3 1 3 3 1 5 21 Roanoke City 6 4 10 3 2 1 2 3 0 25 Roanoke Co. 7 0 10 1 0 1 3 0 0 15 Roanoke Co. 8 5 4 3 6 2 3 1 5 29 Roanoke Co. 9 0 0 3 10 3 5 1 5 27 Roanoke Co. 10 0 6 0 0 1 2 2 0 11 Roanoke Co. 11 0 6 4 0 1 2 1 0 14 Roanoke Co. 12 4 4 2 4 2 0 0 0 16 Roanoke Co. 13 0 4 2 0 2 0 0 0 8 Roanoke Co. 14 0 2 0 0 0 0 0 0 2 Roanoke Co. 15 Existing sidewalk Roanoke Co. 16 5 10 4 0 0 5 3 0 27 Roanoke Co. 17 4 4 5 8 4 2 3 5 35 Roanoke Co. 18 0 1 2 3 2 2 0 16 Botetourt Co. 19 0 _6 2 4 4 3 3 4 5 25 Botetourt Co. 20 0 2 4 4 3 3 4 5 25 Botetourt Co. 21 0 8 0 6 3 5 4 0 26 Botetourt Co. 22 0 10 5 4 3 5 5 5 37 Botetourt Co. 23 0 10 5 4 3 5 5 5 37 Botetourt Co. 24 0 10 5 4 3 5 5 5 37 Botetourt Co. 25 0 6 0 2 3 2 1 0 14 Botetourt Co, 26 0 2 4 4 3 3 4 5 2.5 Botetourt Co. 27 0 2 1 2 3 1 0 0 9 Botetourt Co. 28 5 8 3 2 2 4 2 0 26 Botetourt Co. 29 0 2 4 4 3 3 4 5 25 Botetourt Co. 30 Existing section - Tinker Creek Greenway Ro /Bot 31 S 0 5 10 2 5 3 5 35 Roanoke Co. 32 5 0 3 10 3 5 1 5 32 Roanoke Co. Appendix E - 16 Figure S. Tinker Creek Greenway Segment Analysis Matrix (continued) The segments were then grouped into five subareas and evaluated further for greenway potential (see Figure 6). The five subareas are as follows: 1. Wise Avenue to Mason Mill Park (City of Roanoke) 2. Mason Mill Park to Hollins Road at the Roanoke City /Roanoke County boundary 3. Hollins Road to U.S. 11 /Williamson Road at Carvin Creek (Roanoke County) 4. U.S. 11 /Williamson Road at Carvin Creek (Roanoke County) to 1 -81 /Tinker Creek Overpass (Botetourt County) 5. 1 -81 /Tinker Creek overpass to Daleville Greenway and /or Greenfield (Botetourt County) Both Tinker Creek stream corridor and road right -of -way alternatives were considered. Lick Run Greenway, example of off -rood option Garden City Trail, example of on -road option Appendix E - 17 Ranking Categories ate+ E l+ a v Cl C o °' > Q w C O c N o CL L c M m -' O .c ? `� .. o M '� u u C CE o n E n E� u LA to o c c a o o "' ? 161+ V) J F_ cEe d H 33 0 10 3� 0 3 3 3 5 27 Roanoke Co. 34 0 2 4 4 3 3 4 5 25 Botetourt Co. 36 36 0 1 2 0 4 2 5 4 3 3 4 2 4 5 25 Botetourt Co. 10 5 2 5 27 Roanoke Co. 37 5 2 10 2 5 5 38 Roanoke Co. 38 0 0 1 2 2 0 0 0 5 Roanoke Co. 40 Existing sidewalk Roanoke Co. 42 4 10 3 _ 2 4 5 3 0 31 Roanoke Co. 43 0 10 3 0 1 0 1 0 15 Roanoke Co. 44 0 1 1 3 2 3 1 2 13 Roanoke City 45 4 9 4 4 2 4 3 5 35 Roanoke City 46 0 0 3 10 4_ 5 1 5 28 Roanoke Co. 47 4 0 5 10 3 3 3 5 33 Roanoke Co. 48 Segment added after evaluation exercise, based on public input Botetourt Co. The segments were then grouped into five subareas and evaluated further for greenway potential (see Figure 6). The five subareas are as follows: 1. Wise Avenue to Mason Mill Park (City of Roanoke) 2. Mason Mill Park to Hollins Road at the Roanoke City /Roanoke County boundary 3. Hollins Road to U.S. 11 /Williamson Road at Carvin Creek (Roanoke County) 4. U.S. 11 /Williamson Road at Carvin Creek (Roanoke County) to 1 -81 /Tinker Creek Overpass (Botetourt County) 5. 1 -81 /Tinker Creek overpass to Daleville Greenway and /or Greenfield (Botetourt County) Both Tinker Creek stream corridor and road right -of -way alternatives were considered. Lick Run Greenway, example of off -rood option Garden City Trail, example of on -road option Appendix E - 17 Figure 6. Tinker Creek Greenway Subareas Appendix E - 18 Tinker Creek Subareas t3reenhetd tnaustra I PMrk Legend .. Tinker Creek Alignments Crcentivid Elemen ary SchoM *. ;• 2007 Conceptual Line . ••• 2018 Alternatives • Design Underway .' / a -- Built Tinker Creek Greenway Lord l3 tetourl Hl ®h School Roanoke River Greenway • • • • • Conceptual Roanoke River Greenway ' Other Built Trails - - -- Conceptual Connecting Greenways Existing Sidewalk t Appalachian Trail ...... Conceptual Daleville Greenway Roanoke River Art �--+ Streams Interstate 81 Industrial Park Daleville Town Center Roanoke Gas Property �N School Parcels WVWA Property e t o u r t Public Lands Unwers!t o u n t y ��'—^� Railroad 'mod Subarea 4 M Railway Properties cd �(r' J O� n It / Roanoke �v N m County l m Monterey Elen entafy School l\ RCIT a 1 j _ of Rognoke `, M 1 z � ��• T �� w n o f Fallon Park lemenla+y School V nton U C 315 0.15 't 5 5 3 `� 7 twk� Appendix E - 18 Subarea 1: Wise Avenue to Mason Mill Park (City of Roanoke) Distance: 1.8 miles Trail Access: Wise Avenue /Fallon Park, Orange Avenue, 1VI Street, Mason Mill Road, Mason Mill Park Alignment Alternatives Considered: One: Creek corridor New trailhead proposed: 13th Street Scoring of Segments by Evaluation Criteria (p. 14 -17) Seg# I Score I Locality I Location No segments were scored for this subarea, as the engineering and design are underway. Appendix E - 19 Trail Alignment Description: Design for this section is underway. The trail will be constructed as a shared -use, paved path, separated from vehicular traffic, following the creek from the existing trailhead at Wise Avenue to Orange Avenue. At Orange Avenue, the trail will utilize a grade- separated crossing under Orange Avenue to continue upstream along 13th Street, between the creek and the road, on river left (east). A new trailhead is proposed on 13" Street across from East Gate Park. A new trail bridge will be installed to cross the creek at the intersection of 13t11 Street and Mason Mill Road. The trail will then travel east, parallel to Mason Mill Road, on river right. At the next creek crossing along Mason Mill Road, a modification of the existing bridge deck will be feasible to continue to keep the trail separated from vehicular traffic. The trail will continue to the Mason Mill Park trailhead where it will connect to the proposed Read Mountain Greenway, a future connection to the Roanoke Centre for Industry and Technology and Read Mountain Preserve. For additional information on the Read Mountain Greenway see the Roanoke Valley Greenway Plan, 2018 Update, Chapter 4.2.38. Appendix E - 20 Subarea 2: Mason Mill Park to Hollins Road at the Roanoke City /Roanoke County Boundary Distance: 2.5 miles Trail Access: Mason Mill Park, Old Mountain Road, Hollins Road, Columbia Road Alignment Alternatives Considered: Two: East of the creek and west of the creek Scoring of Segments by Evaluation Criteria (p. 14 -17) Seg# Score Locality location 3 31 City Along the creek, Mason Mill to Old Mountain Road west side (river right) 4 19 City Along the creek, Old Mountain Road to Columbia Street 5 21 City I Along the creek, Columbia Street to Hollins Road /Roanoke County line 44 13 City Old Mountain Road to Columbia Street, west side on -road to link with abandoned rail right -of -way 45 35 City Along the creek, Mason Mill to Old Mountain Rd east side (river left) %� Legend 2007 Conceptual Line -•-- 201SAltematives + - -- Monterey Engineered BU„ Elementary School 1 - Conceptual Connecting Groenway - • - -- Conceptual Detevfge Gresnway 4J j Existing Sidewalk t Subarea Appendix E - 21 City of Roanoke Trail Alignment Descriptions: The west side route ( #3, 44, 5) would follow the creek across several properties owned by the Western Virginia Water Authority and the Housing Authority. It would then follow an old railroad right -of- way through commercial properties (easement not yet secured). The trail would cross Columbia Street, at- grade, continue upstream to Hollins Road, and connect with the Roanoke County section at the American Tire property ( #5). The east side alternative ( #45, 4, 5) would go north from Mason Mill Park, on the east side of the creek, skirting two golf courses and private properties. At Old Mountain Road, the trail would cross under the road and continue on the east side ( #4). A bridge would be needed upstream of Old Mountain Road to cross over to the west side of the creek and follow an old railroad right -of- way (easement not yet secured). The trail would cross Columbia Street, at- grade, continue upstream to Hollins Road, and connect with the Roanoke County section at the American Tire property ( #5). s Legend Option Under Consderatwn Tinker Creek Akgnmenm Engineered ry School r Conceptual Daleville Greenway Conceptual Connecting Greenway Existing Sdewalk City of 'i , Roanoke 9 c i D j '2 i r1� ' I � 4 i Subarea 2, I i ( -East Side Route Planning Considerations /Public Comment: • Both options require right -of -way: golf courses, private properties, commercial properties for rail trail segment. • Detailed analysis will be required for the trail alignment at the two existing bridges located at Hollins Road and Old Mountain Road and for any new trail bridge. • Both options require an at -grade crossing at Columbia Street. Appendix E - 22 Legend bq ! 6 1, i ...... Option Under Conatleratwn � r -- Tinker Creek Akgnnxnts ^r0 ^kP,ry .� Bud! - -- Engineered terey " °•' Conceptual Dakwlle Greenway jI enlary School t -- - -- Conceptual Corriecung Greenway Existing Sdewalk e 1 t tr7 City of Roanoke C �4 �D f/ Q� P 3 i 1 / SrJbarea 2ea 2 Lwest Side Route s Legend Option Under Consderatwn Tinker Creek Akgnmenm Engineered ry School r Conceptual Daleville Greenway Conceptual Connecting Greenway Existing Sdewalk City of 'i , Roanoke 9 c i D j '2 i r1� ' I � 4 i Subarea 2, I i ( -East Side Route Planning Considerations /Public Comment: • Both options require right -of -way: golf courses, private properties, commercial properties for rail trail segment. • Detailed analysis will be required for the trail alignment at the two existing bridges located at Hollins Road and Old Mountain Road and for any new trail bridge. • Both options require an at -grade crossing at Columbia Street. Appendix E - 22 Subarea 3: Hollins Road at the Roanoke City /Roanoke County Boundary to U.S. 11 /Williamson Road at Carvin Creek (Roanoke County) Distance: Approximately 3 miles. Hollins Road to Mountain View Elementary School: 1.5 miles, Mountain View Elementary School to Williamson Road: 1.4 to 1.6 miles Trail Access: Hollins Road, Mountain View Elementary School. Depending on the route, there is potential for continuous access along Plantation Road and Williamson Road. Alignment Alternatives Considered: Three: On -road, along creek, combined creek -road Scoring of Segments by Evaluation Criteria (p. 14 -17) Se # Score Locality Location 6 25 Roanoke Co. Roanoke City /Roanoke County Jurisdiction Line to Hollins Road 7 15 Roanoke Co. Along the creek, Mountain View Elementary School to LaMarre Drive (2007 plan, conceptual line) g 29 Roanoke Co. LaMarre Drive: Tinker Creek to Williamson Road 9 27 Roanoke Co. Plantation Road: Old Manor Drive to Hedgelawn Avenue 10 11 Roanoke Co. Tinker Creek crossing east alternate, north of Ardagh property 11 14 Roanoke Co. Tinker Creek crossing to southern edge of Flora Farm Road, Mountain View Elementary School connection 12 16 Roanoke Co. Flora Farm Road through the Village at Tinker Creek 13 8 Roanoke Co. Village at Tinker Creek to Plantation Road 14 2 Roanoke Co. Village at Tinker Creek to Tinker Creek 15 -- Roanoke Co. U.S. 11 /Williamson Road, existing sidewalk, south side between Plantation Road and Hollins Court Drive (Existing sidewalks not scored 16 27 Roanoke Co. Along the creek from Williamson Road to the 1 -81 /Tinker Creek Greenway Trailhead 17 35 Roanoke Co. U.S. 11 /Williamson Road from Campus Drive through Sadler Park to Roanoke /Botetourt County Line 31 35 Roanoke Co. Plantation Road west side: Carvin Creek to existing Vista Ave sidewalk 32 32 Roanoke Co. Plantation Road west side: from Santee Road to Old Manor Drive 33 27 Roanoke Co. Carvin Creek Greenway spur, between Cosmetic Essence Innovations (CEI) and Big Lick Driving Range to Plantation Road 36 27 Roanoke Co. U.S. 11 /Williamson Road from near Sadler Park to Botetourt County 37 38 Roanoke Co. Plantation Road: Hedgelawn Avenue to existing CVS sidewalk 38 5 Roanoke Co. Old Manor Drive: Plantation Road to Tinker Creek 40 - Roanoke Co. U.S. 11 /Williamson Road, existing sidewalk, north side between Plantation Road and Marson Road (Existing sidewalks not scored) 42 1 31 Roanoke Co. Hollins Road to northern edge of Ardagh property 43 15 Roanoke Co. Northern edge of Ardagh property to segment 11 (Tinker Creek crossing to Flora Farm Road) 46 28 Roanoke Co. East side of Plantation Road: Vista Avenue to Old Manor Drive (other side of Plantation Road from #32) 47 33 Roanoke Co. Hollins Road: the Tinker Creek bridge to Plantation Road Appendix E - 23 Legend �y rte✓ 206'7 Conceptual une ----- 2018Atlemeuvee £ngroeered � •- ConteptuN Connecting Greenway C'n ... -...- comepluW DeteviNe Greenway ®. L E0009 Staewatk t r 0 ++ AN `♦ /Roe C r] ♦,� �,Qe MountairoView %% %% Elementary., drool ♦`♦ 38 N y� [f o 7 � 1 N � �' �O•F , 4 l r 3 Monterey ` + ♦ Subarea 3 Elementary School ♦ .. Subarea 3 provided many alignment options. After evaluating all and listening to the community, staff combined segments into three trail alignment alternatives, described on following pages. Road corridor: Roanoke City /Roanoke County boundary to Hollins Road to Plantation Road to Williamson Road. Combined stream -road route: Roanoke City /Roanoke County boundary along the stream corridor to Mountain View Elementary School connecting to Plantation Road to Williamson Road. Creek corridor: Roanoke City /Roanoke County boundary to Williamson Road along Tinker Creek and Carvin Creek. Appendix E - 24 Subarea 3: Road Corridor Option Route Description: From the Roanoke City /Roanoke County boundary, the trail would continue on Hollins Road to Plantation Road, and then along the Plantation Road right- of -way (segments #31, 32, 46, 9 and 37) north to Williamson Road. From there the trail would be routed east along Williamson Road on existing sidewalk ( #15) to the Hollins University entrance at Campus Drive. Planning Considerations/ Public Comment • This option received the greatest support from the residents in adjacent neighborhoods. • Plantation Road already has large right -of -way on many sections. • This route is considered the least scenic and the least connected to Tinker Creek. • Plantation Road on -road routes need to be coordinated with a future road improvement project and address safety concerns. dr Legend 1�j - ----- option Under Consderauon �� ---- -� Tir*er Creek Alignments ----- Engineered LQ — - - Conceptual Dal"lle Greenway - - -- Conceptual Connecting Greenway Existing Sidewalk `4 Roan Cou } C °cO�f- 1< t Mountain View �s4 Elementary School N*�w N t Monterey t`e Elementary School [:�ubai-ea 3 , Road Corridor Option Appendix E - 25 Subarea 3. Combined Creek -Road Option Route Description: From the Roanoke City /Roanoke County boundary, the route would continue on the east side of Tinker Creek ( #6) on the commercial Ardagh property ( #42) and continue north along the creek to just south of Mountain View Elementary School ( #43). A bridge would be needed to cross over to the west side of Tinker Creek near the school. The route would continue uphill to the school ( #11), then to Plantation Road right -of- way ( #12, #13 or other public road right -of -way). The route would follow Plantation Road to U.S 11 /Williamson Road to the Hollins University entrance at Campus Drive. Planning Considerations/ Public Comment • Ardagh, a manufacturing company east of the creek on Hollins Road, has indicated a willingness to have the greenway on its property. • Easements need to be secured for most of the stream alignment section. • A bridge over the creek near Mountain View Elementary School will be an expensive component of the project. • Plantation Road on -road route needs to be coordinated with a future road improvement project and address safety concerns. Appendix E - 26 ..� Legend Option Under Consideration 1h ---^— Tinker Creek Alignments Bulk - -- Engneered ^ Conceptual OalewleGreenway Conceptual Cornet ling Greenway Eustng Sidewalk `r ..% R o y4jra�3 C �r C ", M0tJWain,Vtew Elementary4Scho I mil r"a A i N� yr J f• 33 `' Monterey \ Elementary S& Combined Creek -Roa CSubarea 3 Option Appendix E - 26 Subarea 3. Creek Corridor Option Route Description: From Hollins Road, the route ( #6 and 42) would continue on the east side of Tinker Creek from the Ardagh property (easement not yet secured) and north along the creek ( #43) to Mountain View Elementary School. A bridge would be needed to cross over to the west side and on to the school property. The trail would continue upstream ( #7) on the west side of the creek to I aMarre Drive where it would continue on- road ( #8) to connect to Williamson Road across from the Hollins University entrance. Planning Considerations/ Public Comment: • Multiple property owners located along the creek do not support this option. • In several areas there is limited space between the creek and residential structures. • This route would be the most scenic and would provide opportunities for historical interpretation. • Easements need to be secured for most of the stream alignment route. • There are steep slopes along some sections of Tinker Creek. • A bridge over the creek near Mountain View Elementary School will be an expensive component of the project. Appendix E - 27 legend ys"'r r q„r Option Vndet Consnderalwn ---- Tinker Creek Alignments OUR �O -• Enpmeered % D - -° - Conceptual Dalevike Greenway CP - -- Conceptual Connecting Greenwav n Eusong Sidewalk r s ,• R o a C o cue 4 Mountain View �d Elementary Schopl" i�� ch ,e 6 t Subarea 3 - -� creek corridor � Mont re Appendix E - 27 Subarea 4: U.S. 11 /Williamson Road at Carvin Creek (Roanoke County) to 1 -81 /Tinker Creek Overpass (Botetourt County) Distance: 3.4 to 4 miles Trail Access: Lee Highway, Hollins University, Tinker Creek Trailhead, potential connection to Carvins Cove, Tinker Mountain Road Alignment Alternatives Considered: Three: On -road, combination of on and off -road, off -road around Tinker Mountain Scoring of Segments by Evaluation Criteria (p. 14 -17) Seg# Score Locality Location Along Carvin Creek from Williamson Road under 1 -81 to the existing I- 16 27 Roanoke Co. 81 /Tinker Creek Greenway Trailhead U.S. 11 /Williamson Road from Campus Drive through Sadler Park to the 17 35 Roanoke Co. Roanoke /Botetourt County Line Roanoke /Botetourt County Line to U.S. 11 /Lee Highway via Cufftown 18 16 Botetourt Co. Road and Brown Road U.S. 11 /Lee Highway: from the Tinker Creek bridge near Vista Drive to 19 25 Botetourt Co. Gibson Lane 20 25 Botetourt Co. Along Tinker Creek from U.S. 11 /Lee Highway to the 1 -81 overpass 25 14 Botetourt Co. Private land east of 1 -81: Old Mill Drive to Bryant Road to Gibson Lane Bryant Road: U.S. 11 /Lee Highway to road ending at the 1 -81 emergency 26 25 Botetourt Co. access Gibson Lane: U.S. 11 /Lee Highway to private driveway and back to Tinker 27 9 Botetourt Co. Creek Side of Tinker Mountain: from the existing Tinker Creek Greenway to 28 26 Botetourt Co. Roanoke Gas property and Tinker Creek near the 1 -81 overpass U.S. 11 /Lee Highway: from the Roanoke /Botetourt County Line to the 29 25 1 Botetourt Co. Tinker Creek bridge near Vista Drive Roanoke /Botetourt Tinker Creek Greenway: existing section from 1 -81 Trailhead to Carvins 30 Counties Cove (Existing trail segment was not scored) FRoanoke U.S. 11 /Williamson Road from near Sadler Park on U.S. 11 to the 36 27 Co. Roanoke /Botetourt County Line Note: An alignment along the creek was initially considered between LaMarre Drive and Gibson Lane, but after further study, it was found to be severely limited due to existing development. From LaMarre Drive to the Summer View Drive /U.S. Route 11 intersection, the creek is constricted by residential developments with limited space between the creek and structures. From Summer View Drive to Gibson Lane, the creek crosses under U.S. Route 11 three times and is constricted by the highway and commercial /industrial development. Appendix E - 28 N r rr r � r a IIf,+`w♦ ♦�{'� ✓, *wiry N ♦�"7 r ♦ � e w�,,,..........r +ww � ✓r wwwj r w� I w.+I •,,� yrrrrl a % ♦♦ ,6, r 2 r« r ! r I t '<s �;� ✓' TIP)✓ rr Legend Hollins University r 6 ' 2007 Conceptual Line 'J ,,.✓ ---- 201BAltemalives r r,r✓ - - -- Engineered ,��_ ✓'ya� �,.� ..�_. Built Conceptual Connecting Greenway 1. Conceptual Date Ville Greenway Subarea 4 1� ' Exladng Sidewalk Subarea 4 is bisected by 1 -81, which restricts the development of options. Currently, there are three locations where it is possible to cross under the interstate: one at Hollins University, one on Reservoir Road and one at Tinker Creek. After evaluating the options, staff combined segments into three trail alignment alternatives, described on the following pages. Road corridor: U.S.11 /Lee Highway corridor from Hollins University to Cloverdale and 1 -81 underpass at Tinker Creek. Combined stream -road route: Use U.S. 11 Lee Highway corridor but route off the highway where feasible between Williamson Road at Hollins University and the 1 -81 underpass at Tinker Creek. Off -road corridor: Tinker Mountain option. Cross under 1 -81 at Hollins University and continue on the northwest side of 1 -81, off -road, around the base of the mountain to the Tinker Creek underpass. These options are described in more detail on the following pages. Appendix E - 29 Subarea 4. U.S.11 /Lee Highway On -Road Option Route Description: The trail would be routed along Lee Highway from Hollins University to Gibson Lane ( #17, #36, #29, #19), and then on Gibson Lane or along Tinker Creek to the 1 -81 overpass ( #27 or #20). There is limited space and private property at the 1 -81 overpass. Planning Considerations /Public Comment:_ • The crossing of 1 -81 presents a significant physical barrier. Tinker Creek's passage under 1 -81 is constricted by an active rail line and private property on both sides. • Right -of -way would need to be secured from VDOT and /or private property owners along Lee Highway. • Trail design options will require coordination with VDOT and will need to address safety concerns. • The Lee Highway option is the most direct, and desirable for commuters, but land use and vehicular traffic make it less desirable aesthetically and less desirable for recreation. • Development of the Gateway Crossing UDA needs to be integrated into future planning (see Subarea 5 for additional information). Appendix E - 30 Subarea 4. U.S.11 /Lee Highway On -Road and Off -Road Option Route Description: The trail would be routed along Lee Highway in front of Hollins University ( #17) but then off -road at the campus southeast border to Sadler Park, and along Emerald Lane to Reservoir Road. The route would continue onto low volume back roads including Old Mill Drive, Brown Road, Cufftown Road, and Bryant Road ( #18, #25, #27) connecting to Gibson Lane. There are significant sections where the trail would be routed across private property to connect road segments. At Gibson Lane, the trail would be routed to the 1 -81 overpass ( #20). Planning Considerations /Public Comment: • The crossing of 1 -81 presents a significant physical barrier. Tinker Creek's passage under 1 -81 is constricted by an active rail line and private property on both sides. • Right -of -way would need to be secured from numerous private property owners. • Highway segments will require coordination with VDOT and will need to address safety concerns. • Development of the Gateway Crossing UDA needs to be integrated into future planning (see Subarea 5 for additional information). Appendix E - 31 Legend +r+M Option Under Consideration - ---- Tinker Creek Alignments �O Buill �°— Engineered - Conceptual Oakville Greenway ----° Conceptual Connecting Greenway N. Existing Sidewalk ii 26 t / Hollins University i t t. f I Subarea 4 ti5 Off -Road Option Planning Considerations /Public Comment: • The crossing of 1 -81 presents a significant physical barrier. Tinker Creek's passage under 1 -81 is constricted by an active rail line and private property on both sides. • Right -of -way would need to be secured from numerous private property owners. • Highway segments will require coordination with VDOT and will need to address safety concerns. • Development of the Gateway Crossing UDA needs to be integrated into future planning (see Subarea 5 for additional information). Appendix E - 31 Subarea 4. Tinker Mountain Off -Road Option Route Description: From Lee Highway the trail would be routed along Carvin Creek on Hollins University or adjacent private property, and under 1 -81 utilizing the existing tunnel and section of the Tinker Creek Greenway ( #16, #30). Mid -way up the mountain the trail would be routed on a contour around the southeast side of Tinker Mountain ( #28) connecting back to the creek near Tinker Mountain Road. Easements would be needed from Hollins University, utilities, and several private property owners. s M�. s Legend .. option Under Cnnade ration ^ -- Tinker CreekAhgnments Hollins University .� Built ed i ng t - - °•- Conceptual Dalewlle Greenwav --- -• GontttNUal Connecting Greenwav Existing Sufewak Subarea 4 ;5 Mountain option Planning Considerations /Public Comment: • 1 -81 presents a significant physical barrier. This option could utilize the existing access under the interstate near the Tinker Creek trailhead off Plantation Road. • Right -of -way would need to be secured from Hollins University, Appalachian Power, Roanoke Gas, and individual private property owners. • Future trail development should consider completion of Segment #16, in order to provide an improved connection to Carvins Cove, regardless of which Tinker Creek Greenway option is selected. If Tinker Creek Greenway alignment takes an alternative route, #16 and #30 could become part of Carvin Creek Greenway. • Trail design for the Tinker Mountain route option would need to address steep slopes and might require construction as a natural surface trail. • The Tinker Mountain route could provide an exceptional recreational experience, but would be less useful than other options as a commuter route. • Development of the Gateway Crossing UDA needs to be integrated into future planning (see Subarea 5 for additional information). Appendix E - 32 Subarea 5: 1 -81 /Tinker Creek Overpass to Daleville Greenway and /or Greenfield (Botetourt County) Distance: 2.0 — 2.4 miles Trail Access: Lord Botetourt High School, Daleville Town Center, other sites to be determined Alignment Alternatives Considered: Three: On -road along US 220, along Tinker Creek to Daleville Greenway at Rt. 779, along Tinker Creek to Greenfield Elementary School, with some on -road sections Scoring of Segments by Evaluation Criteria (p. 14 -17) Seg# Score Locality Location 21 t 26 Botetourt Co. Along the creek from the 1 -81 overpass to Tinker Mountain Road 22 37 Botetourt Co. Tinker Mountain Road past Lord Botetourt High School to Azalea Road 23 37 Botetourt Co. Daleville Greenway: Azalea Road to Catawba Road connection to Daleville Town Center 34 25 Botetourt Co. Along Tinker Mountain Road and U.S. 220 /Roanoke Road to connect back with Tinker Creek near College Drive _ __- 48 Botetourt Co. Along Tinker Creek from Tinker Mill Road to Etzler Road (connects to Greenfield Elementary School and Greenfield Recreation Park) Legend 2007 Conceptual Line -- 2018 Alternatives - - -- Engineered ---- Built --- - -- Conceptual Connecting Greenway I Conceptual Delevllle Greenway II Existing Sidewalk t Appendix E - 33 Greenfield Industrial Park If { r�__.�-+ I 1 Greenfreld - Hemenlary School ` f r'�r i iDalevTlle Town Center U�c T 6� I ofd 0otetourt C.rf4tA High School i> i r i r Roanoke as% - Subarea J Property Appendix E - 33 Botetourt County developed the Gateway Crossing Area Plan in 2016. This Urban Development Area (UDA) Plan includes the following recommendations, which were considered when developing alternatives for Subarea 5:1 • Development of a system of shared use paths that connect new development in Gateway Crossing to Daleville Town Center • Improvements along U.S. 220 consisting of a landscaped buffer between the travel lane and sidewalk, street trees for shade, and a wide shoulder or bicycle lane for bicyclists. • Development of a bicycle and pedestrian path along Tinker Creek under Interstate 81 to connect the west and east sides of the district. • The plan also identifies opportunities for bicycle and pedestrian amenities on the eastern side of Gateway Crossing that would connect to Tinker Creek. • A potential new public park and trailhead for the AT, along the proposed extension of Commons Parkway. • Safety improvements for the AT crossing of U.S. 220, which could include a pedestrian- activated signal, a pedestrian safety island in the U.S. 220 median, or a bridge over the highway. 1 Gateway Crossing Area Plan, Final, prepared by Renaissance Planning, on behalf of Botetourt County, Virginia, November 2016 Appendix E - 34 Figure 7. Gateway Crossing Area Plan, Botetourt County N MILES 0 .25 5 1 LEGEND , ••• Proposed NATURAL FEATURES Gateway _ Water Crossing Urban Development Floodploin Area Steep Slopes Parcels ( >25 %) - Approx. location of Overhead Power Lines Potential Park 6 Ride Lot PROPOSED FUTURE LAND USE Mixed Use Residential mw Mixed Use Neighborhood Commercial nrr Mixed Use Highway Commercial am Industrial /Flex National Forest Appalachian Trold RA.W. Open / Park Space Civic Overlay (Potential Community Park w Trailheod, focused on AJ ) Appendix E - 35 ROADWAYS /TRAILS -- Existing Roadway .r.� Existing Roadway w/ Proposed Streeiscope Improvements S Sidewalks °-- Roadway Under Construction Potential Collector Street Potential Local Street Existing Appalachian Trail -- Potential Shared Use Paths ^•° Potential Long -Tenn Path Connection INTERSECTIONS Existing Signalized Intersection Potential Signalized Intersection Future Roundabout +` Potential Right -in, Right -Out ww Potential Improved A.T. Crossing Subarea 5. U.S. 220 /Roanoke Road corridor to Daleville Greenway Route Description: From the 1 -81 overpass, the trail would extend north along Tinker Mountain Road to U.S. 220 /Roanoke Road, where it would continue north in the road right -of -way to a point near the intersection of College Drive. The route would then connect back to Tinker Creek just downstream of Tinker Mill Road and the Lord Botetourt High School ball fields. There the route would connect to Daleville Greenway, which will go north across Azalea Drive to Catawba Road and connect with the Daleville Town Center. Planning Considerations /Public Comment • Trail routing needs to be integrated with the Gateway Crossing and Daleville Town Center UDA planning efforts, currently underway. • The U.S. 220 highway corridor provides the most direct link to commercial services. • Trail design will need to be coordinated with VDOT and take into account safety concerns. • Right -of -way may need to be secured from private property owners. Appendix E - 36 Greenfield Industrial Park f Greenfield, Elementary School i c Daleville i Town Center l U�c -A 1 ry Lord Botetourt C"ek High School _ Legend r. .....s Op w, Undrn Considatatron ; i /1% -- -- Ttnket Leek Akg,, eMs - -- Bulk - -^ Engntrred - -• - Conceptual Oaw-Re Gtemwav - - « -• Conceptual Corneang Greenway w Fns4utg Sbewalk ja Roanoke Gas N -i Subarea 5 1 Property - - - - - -- Road option Planning Considerations /Public Comment • Trail routing needs to be integrated with the Gateway Crossing and Daleville Town Center UDA planning efforts, currently underway. • The U.S. 220 highway corridor provides the most direct link to commercial services. • Trail design will need to be coordinated with VDOT and take into account safety concerns. • Right -of -way may need to be secured from private property owners. Appendix E - 36 Subarea 5. Tinker Creek Corridor to Daleville Greenway Route Description: From the 1 -81 overpass, the trail would extend north along the creek from Tinker Mountain Road, cross over Tinker Mill Road and connect to the Daleville Greenway near the Lord Botetourt High School ball fields. PlanningConsiderations /Public Comment /Public Comment • Trail routing needs to be integrated with the Gateway Crossing and Daleville Town Center UDA planning efforts, currently underway. • Stream corridor options provide a more aesthetic setting than the U.S. 220 on -road corridor. • Right -of -way will need to be secured from several private properties. • This route provides a direct connection to Daleville Town Center. • Several property owners have expressed concern over routing of the trail near their property. Mitigation of impacts should be evaluated during trail design. • The Appalachian Trail crosses this segment and a trail crossing will require coordination with the National Park Service and Appalachian Trail Conservancy. Appendix E - 37 Greenfield indusirial Park i Greenfie , Elementary School r ibaleville Town Center 'f Creek IV Lord Botetourt High School -- Legend Opuon Under Consdeteton - -- 1rr*e, Creek AOgnments -- LION ---- Engineered - -° - concevt i Claievine Gieenwav - -� -• Conceptual Cowtvif ii Gfeenway Ewsuig W—a@ Subarea 5 �N Roanoke Gas Tinker Creek to Property Daleville Greenway � PlanningConsiderations /Public Comment /Public Comment • Trail routing needs to be integrated with the Gateway Crossing and Daleville Town Center UDA planning efforts, currently underway. • Stream corridor options provide a more aesthetic setting than the U.S. 220 on -road corridor. • Right -of -way will need to be secured from several private properties. • This route provides a direct connection to Daleville Town Center. • Several property owners have expressed concern over routing of the trail near their property. Mitigation of impacts should be evaluated during trail design. • The Appalachian Trail crosses this segment and a trail crossing will require coordination with the National Park Service and Appalachian Trail Conservancy. Appendix E - 37 Subarea S. Tinker Creek Corridor to Greenfield Route Description: From the 1 -81 overpass, the trail would extend north along Tinker Creek approximately 2 miles, and then overland to the intersection of Catawba Road and Etzler Road. The route would then continue along Etzler Road to connect to Greenfield Elementary School, Greenfield Recreation Park and Botetourt Center trails. Route 49 was added based on public input; it was not ranked by staff against the evaluation criteria. Greenfield Industrial Park i ` °..•' Greenfield +., : ..- ..'w.,r r,.,( Elementary School 3 jDaleville Town Center a 1, Lord Botetourt Creek H gh School fV Legend •—•-- pmrrn uner, Gon +dr,nnn .�-- TpYYR /GmeM �MgnmM,f Sy � , � - -.. • CmuNua, Os�wk G+eenwrr ..�.. CmeepuM famaxeq Gremway I 1 S 1' Eatwq Sder�t ' Roanoke Gas " ' j Subarea-5--- Property Tinker Creek to Greenfield Planning Considerations /Public Comment • This option extends the greenway all the way to Greenfield with most of the alignment off road. • Trail routing needs to be integrated with the Gateway Crossing and Daleville Town Center UDA planning efforts, currently underway. • The stream corridor option provides a more aesthetic setting than the U.S. 220 highway corridor. • Several property owners have expressed concerns about routing the trail near their property or through their farms. • The Appalachian Trail crosses this segment, and a trail crossing will require coordination with the National Park Service and Appalachian Trail Conservancy. • Design of the on -road sections and crossing of Rt. 779 will need to be coordinated with VDOT and take into account safety concerns. Appendix E - 38 IV. Implementation Development of the Tinker Creek Greenway will not occur immediately but will evolve over time as funding and right -of -way easements are secured. As with previous segments, local jurisdiction staff will be following a multi -step trail development process. Primary steps include: — Establish funding mechanism for acquisition, design, and construction. — Establish an outreach plan for keeping the public informed of progress. — Secure approval of trail right- of -way from property owner(s) through land acquisition, purchase of easements, etc. — Develop design and construction documents. — Complete environmental review and permitting. — Build trail segment and trailhead facilities. — Develop management program (maintenance and operations). — Develop and install signage. — Revise marketing literature, maps, on -line guides. A. Public Comment from Community Meetings Approximately 100 citizens provided comments on the proposed Tinker Creek Greenway Plan at the various community meetings and forums. The majority of citizens supported a greenway and trail connection that linked the Roanoke River and downtown Roanoke to the Daleville Greenway and Greenfield. Other popular sites for connections included Carvins Cove, Read Mountain, community facilities, schools, and employment areas in the corridor. Some concerns were expressed by residents where the stream corridor was narrow and there was limited space between the creek and residences. This was a particular concern of residents in the neighborhoods near LaMarre Drive, where residents favored an alignment on Plantation Road away from private property. Several other residents in Botetourt County also expressed concerns about routing the trail near their property. These concerns will need to be addressed in the future as more detailed trail planning occurs. B. Project Phasing Each jurisdiction (City of Roanoke, Roanoke County, and Botetourt County) will advance their greenway segments while coordinating with adjacent jurisdictions to realize economies of scale when possible. Short -Term, 1 -5 years — Roanoke City: from Fallon Park to Mason Mill Park — Botetourt County: Daleville Greenway Mid -Term, 5 -10 years — Roanoke County: from U.S. 11 /Williamson Road to the Botetourt County line — Botetourt County: from 1 -81 /Tinker Mountain Road to Daleville Greenway Appendix E - 39 Lonp,-Term. 10 -20 years — Roanoke City: from Mason Mill Park to Roanoke County line — Roanoke County: from Roanoke City line to U.S. 11 /Williamson Road — Botetourt County: from Roanoke County line to 1 -81 /Tinker Mountain Road C. Cost and Funding Strategy In the past, the Roanoke Valley Greenways Commission, the Roanoke Valley MPO /TPO, and local jurisdictions have been successful in securing transportation funds for greenway development. It is envisioned that the Tinker Greenway will also utilize these funding sources as well as private donations and in -kind support where feasible. Funding secured to -date includes: 1. Botetourt County, $476,000 in Transportation Alternatives Program (TAP) funding for the Daleville Greenway portion of the project, engineering underway. Awarded March 2015. 2. Roanoke County, $217,424 in TAP funding for Williamson Road Pedestrian Improvements. Awarded June 2017. 3. City of Roanoke, $225,000 Roanoke Economic Development Authority for the trail extension from Mason Mill Park to Blue Hills Drive (Phase 2 Ext, Read Mountain Greenway) 4. City of Roanoke, $1,620,000 (UPC #110101) in Regional Surface Transportation Program (RSTP) funds were approved by the Roanoke Valley Transportation Planning Organization for the Tinker Creek Greenway, on April 27, 2017. An additional RSTP award of $1,008,413 was approved June 2018. 5. City of Roanoke, $484,413 in Transportation Alternatives funding was awarded June 2018 for Tinker Creek Greenway. 6. Town of Vinton, $417,710 in Transportation Alternatives funding for Phase II of Glade CreekGreenway, awarded June 2016. Extends Phase I, which will connect the Town to the Tinker Creek Greenway. 7. Town of Vinton, $1,446,282 in RSTP funds were approved March 22, 2018 for an on- road connection on Walnut Avenue from the Tinker Creek Greenway to Glade Creek Greenway in Vinton. (UPC# 111649). Additional information on funding can be found in the Roanoke Valley Greenways Plan, 2018 Update; Chapter 2.2.7 and Table 6 -1. Appendix E - 40 Appendix F Web Sites for Referenced Documents and Organizations Appendix F - 1 Web Sites for Referenced Documents and Organizations 2018 Greenway Plan Name of Organization or Document 2001 Greenway Plan Map 2007 Update to the Roanoke Valley Conceptual Web Address http: /lwww greenways orcl/wp- contenVuRloads /2018 /0612007planmai).Pdf http: /lgreenways orglwp- content / uploads /7.018106I2007greenwayplan.pd hb : / /www.appalachientrail.or -1 hftD:/ /rvarc org/wp-contenYuploads/ 2013112 /RVAMPO- BikewavPlan- 2012UDdate- Greenway Plan (2007 Plan)- Appalachian Trail GonservanCY Bikeway Plan for the Roanoke Valley Area Metropolitan Planning Organization City of Roanoke, Carvins Cove Conceptual Greenway Plan, Roanoke Valley, Virginia, 1995 Plan Eagle Rock Greenway Engineering Study Explore Park web.pdf hOps: / /www piavroanoke com /Darks- facilities/carvins -cove-natural-reserve http://qreenways.org/wp-contenYuploads/2018/06/greenwayplan 1995.pdf http: / /www botetourtva gov /documents /parks rec/102715 Eagle Rock Greenway- Pr elim. df http: / /www,explg[gpgrk.org/ __ - -_ -_ ------ __..__�_ https: / /www roanokecountyparks com /454 /Explore- Park - Adventure -Plan http' / /www botetourtva gov/ documents/ planning /GatewavCrossingAreaPlan FINAL.pd Explore Park Adventure Plan Gateway Crossing Area Plan Botetourt County Havens Wildlife Management Area Department of hftps://www.dgif.virginia,govlwma/havens/ -_A,_- _ Game and Inland Fisheries_ Lick Run Greenway Phase III Feasibility study https://issuu.com/roanokeparks/docsAick run greenway phase iii feasibility study ayout-http %3A %2F %2Fskin issuu com %2Fv %2Fl ight %2Flayout.xml &showFlioBtn =tru Mil l Mountain Park Management Plan tittps:rrssuu � �om� anokeparks /docstmillmountain ?layout= http %253A %252F %252Fsk ����� in:,issuu. cam% 252Fv% 252FIight %252FIayout.xml&showFlipBtn =true Murray Run Greenwav Extension Feasibiligr Study hHpJ /www piavroanoke com/wp-content/uploads/2017102/Murrav- Run- Feasibility- Re W3. 0f National Park Service AMIachian Trail https:/twww.nt)s.ggv—/�statelvalindex.htm Poor Mountain Preserve —�` http• / /www dcr virQinia gov /natural- hedtaQe /natural- area- preserves/poormt Read Mountain Preserve https: /lwww roanokecountyparks com/ facilities / facility /details/readmountainpreserve- Regional Pedestrian Vision Plan, A Coordinated h : / /rvarc.or ntent/u loads/2014/ 8/REGI0N - PEDESTRIA - { ION -P N Approach to a Walkable Roanoke Valley 2015.pdf Roanoke Appalachian Trail Club. https: //www.ratc.org/ Roanoke River Bluewav hb: / /www.roanokedverblueway.orN Roanoke Valley Transit Vision Plan Roanoke Valley/ Blue Ridge Parkway Trail Plan hgp:/ /rvarc orglwp- contenVuploads/2016/09/TVP FINAL -ES 9- 22- 16.Ddf https: / /i)arkl)lannirig nps gov /pmiectHome.cfm ?l)roiectID =10392 Rural Bikeway Plan htttp:Hrvarc org/wp- content/uDloads/ 2013112/ RVARCRuralBikewayPlan2006- web.pdf UDDer James River Water Trail US Bicycle Route 76 A study of the Roanoke https�Huppedamesriverwatertrail .com/ http:/ /rvarc org /wp- contenYuploads /2017 /11Nirginia- Bicycle- Route- 76- Final.W Valley - Alleghany Region Virginia Department of Game and Inland Fisheries Birding and Wildlife Trail Virginia Department of Rail and Public Transportation's Multimodal System Design httos : / /www daft yirginia.gov /vbwt/ http://www.drpt.virginia.gov/plannino /multimodal guidelin https //www westernvawater orgl i- am- a- /recreationalisUcarvins- cove - natural- reserve Westem Virginia Water Authority, Carvins Cove Appendix F - 2 Appendix G Bibliography of Design Standards Appendix G -1 Appendix G Bibliography of Design Standards Alta Planning + Design (2017), The Impact of Greenways in the Triangle: How the East Coast Greenway Benefits the Health and Economy of North Carolina's Research Triangle, Commissioned by the East Coast Greenway Alliance, 27p. American Association of State Highway and Transportation Officials (AASHTO) (1991), Guide for the Development of Bicycle Facilities, Washington DC, 44 p. American Association of State Highway and Transportation Officials (AASHTO) (2012 4th Edition), Guide for the Development of Bicycle Facilities, Washington DC, 7 chapters. Beckley, Bob, (2000) Accessible Loading Platform for Boaters, USDA Forest Service, Missoula, MT. Beneficial Designs Inc. (1998), The Universal Trail Assessment Process Training Guide, PAX Press, Santa Cruz, CA, 74p. Birchard, William Jr., Robert Proudman, and Michael Dawson, (2000), Appalachian Trail Design, Construction and Maintenance, Appalachian Trail Conference, Harpers Ferry, WV, 237p. Birkby, Robert (1996), Lightly on the Land: The SCA Trail- Building and Maintenance Manual, Student Conservation Corps Inc., The Mountaineers, Seattle, WA, 271 p. Bowker, J.M., John C. Bergstrom and Joshua K. Gill (2004, December), The Virginia Creeper Trail: An Assessment of User Demographics, Preferences, and Economics — Final Report Prepared for the Virginia Department of Conservation. Bowker, J.M., John C. Bergstrom and Joshua K. Gill (2004, December), The Waterway at New River State Park: An Assessment of User Demographics, Preferences, and Economics — Final Report Prepared for the Virginia Department of Conservation. Bowker, J.M., John C. Bergstrom, Joshua K. Gill and Ursula Lemanski (2004, December), The Washington & Old Dominion Trail: An Assessment of User Demographics, Preferences, and Economics — Final Report Prepared for the Virginia Department of Conservation. City of Raleigh, Parks, Recreation and Cultural Resources Department (2014), Capital Area Greenway Planning & Design Guide. 103p. Code of Federal Regulations, Title 36, Volume 1, Part 4, Vehicles and Traffic Safety, Sec 4.3 Bicycles, Revised as of July 1, 1998. Community Trails Handbook (1997), The Brandywine Conservancy, Inc., Chadds Ford, PA, 97p. Daly, Judi, "Sharing the Trail with Horses: Understanding Their Instincts," article published by American Trails, in Trail Tracks, Stuart MacDonald, editor, Volume 32, Number 2, Summer 2003, 22p. Duffy, Hugh (1991, June), Developing Sustainable Mountain Trail Corridors, National Park Service, Rivers & Trails Program, Denver, CO. Appendix G - 2 Edwards, Rich (2003 January), "A Report and Recommendations for the Blue Ridge Parkway Trails in the Roanoke Area' (2003, January), Unpublished report, International Mountain Bicycling Association, 10p. Edwards, Rich (2006), "Recommendations for Improving Sustainability and Connectivity of the Carvins Cove Trail System ", Unpublished report, International Mountain Bicycling Association, 29p. Finstick, Eric, "Managing Heavily -Used Trails: Alternative Day Zoning," article published by American Trails, in Trail Tracks, Stuart MacDonald, editor, Volume 32, Number 2, Summer 2003, 26p. Flink, Charles, Loring Schwarz and R. Stearns (1993), Greenways: A Guide to Planning, Design, and Development, Washington DC, Island Press, 351 p. Graefe, A. R, Kuss, and Vaske (1990), Visitor Impact Management: The Planning Framework, National Parks and Conservation Association, Washington DC, 106p. Groenier, James Scott, Steve Monlux, Brian Vachowski, (2008), Geosynthetics for Trails in Wet Areas, USDA Forest Service, Technology and Development Program, in cooperation with U.S. Dept. of Transportation, 0823 - 2813 -MTDC, Missoula, MT, 26p. Hancock, Jan, Kim Jones Vander Hoek, Sunni Bradshaw, James D. Coffman, Jeffrey Engelmann, (2007), Equestrian Design Guidebook for Trails, Trailheads, and Campgrounds, USDA Forest Service, Technology and Development Program, 0723 - 2816 -MTDC, Missoula, MT, 312p. Hellmund, P.C. 1998, Planning Trails with Wildlife in Mind: A Handbook for Trail Planners. Denver, CO: Colorado State Parks. Hesselbarth, Woody, Brian Vachowski, and Mary Ann Davies (2007), Trail Construction and Maintenance Notebook, USDA Forest Service, Technology and Development Program, in collaboration with the Recreational Trails Program of the Federal Highway Administration, Missoula, MT, 0723 - 2806 -MTDC, 166p. Hooper, Lennon, (1988), NPS Trail Management Handbook, National Park Service, Washington, DC. International Mountain Bicycling Association (2004), Trail Solutions: (MBA's Guide to Building Sweet Singletrack, International Mountain Bicycling Association, Boulder, CO. Kelley, Michael (1998, October), "Bikes and Horses: A Case for Sharing," presented at the National Symposium on Horse Trails in Forest Ecosystems, Clemson University. Labaree, Jonathan (1992), How Greenways Work: A Handbook on Ecology, National Park Service and Atlantic Center for the Environment. LaPorta, Liz and Woody Keen (2008), Jake and Bull Mountain Trail Assessment and Management Plan: Promoting Recreation and Environmental Protection through Assessment, Collaboration and Education, USDA Forest Service, R8, Southern Region, Chattahoochee - Oconee National Forest, Blue Ridge Ranger District, 94p. Little, Charles E, (1995), Greenways for America, Johns Hopkins University Press, Baltimore, MD. Lopes, Brian and Lee McCormack (2005), Mastering Mountain Bike Skills, Human Kinetics, Champaign, IL, 196p. Appendix G - 3 Marion, Jeffery, Joseph Roggenbuck, and William Manning (1993), Problems and Practices in Backcountry Recreation Management: A Survey of National Park Service Managers, National Park Service, Natural Resources Publication Office, Denver, CO, 65p. Marion, Jeffrey L. and Yu -Fai Leung. 2004. Environmentally Sustainable Trail Management. In: Buckley, Ralf (ed.), Environmental Impact of Tourism, Cambridge, MA: CABI Publishing, p.229 -244. McCoy, M. and M. Stoner (1992) Mountain Bike Trails: Techniques for Design, Construction, and Maintenance, Missoula, MT, Bikecentennial, 19p. Miller, Jay S., (1983) Construction & Maintenance of Horse Trails, prepared in cooperation with Arkansas Trails Council, U.S. Forest Service, Arkansas Trail Ride Association, and the Northwest Arkansas Horse Trail construction volunteers, 32p. Moore, Roger (1994), Conflicts on Multiple -Use Trails: Synthesis of the Literature and State of the Practice, sponsored by The Federal Highway Administration and the National Recreational Trails Advisory Committee, (Report #FHWA -PD -94 -031), Washington DC, 70p. Moore, Roger and Kelly Barthlow (1998, March), The Economic Impacts and Uses of Long- Distance Trails, United States Department of the Interior, National Park Service. National Park Service Rivers, Trails, and Conservation Assistance Program (1992), Economic Impacts of Protecting Rivers, Trails, and Greenway Corridors, National Park Service. National Park Service Management Policies (2001), Chapter 9, Park Facilities, National Park Service, Washington DC. Neese, Jasen and Mark Eriksson (2002), Floating Trail Bridges and Docks, USDA Forest Service, Missoula, MT. North Carolina State University, Department of Parks, Recreation and Tourism Management, Office of Parks, Tourism Research, 1995 -96 Economic Impact of Travel to the Blue Ridge Parkway Virginia and North Carolina, Prepared for the Coalition for the Blue Ridge Parkway and the National Park Service. Parker, Troy Scott, (2003), Natural Surface Trail Design: The Pattern That Works, Natureshapes, Inc. Parker, Troy Scott, (2004), Natural Surface Trails by Design: Physical and Human Design Essentials of Sustainable, Enjoyable Trails, Natureshape, LLC, Boulder, Co., 78p. Parker, Troy Scott, (1994), Trails Design and Management Handbook, Open Space and Trails Program, Pitkin County, CO. Parsons Harland Bartholomew & Asso., Inc. (1999), Connecting Our Commonwealth, The Virginia Greenways and Trails Toobox, Virginia Department of Conservation and Recreation and Virginia Trails Association. PFK Consulting (1994), Analysis of Economic Impacts of the Northern Central Rail Trail, Maryland Greenways Commission. Penn State Center for Dirt and Gravel Road Studies (2004), Trail Mix Purchasing Specifications, Penn State University, University Park, PA. Proudman R.D and Rajala (1981), Trailbuilding and Maintenance, Boston, MA, Appalachian Mountain Club, 286p. Appendix G - 4 Rathke, David M. and Melvin Baughman (1994), Recreational Trail Design and Construction, Minnesota Extension Service and University of Minnesota, 28p. Ritter, Mike, Jan Ritter, Joey Klein, Rich Edwards, and Jen Edwards (2001), Building Better Trails: Designing, Constructing, and Maintaining Outstanding Trails, International Bicycling Association, Boulder, CO, 64p. Roanoke Parks and Recreation (2007), Carvins Cove Natural Reserve Park Management Plan, Western Virginia Water Authority and Roanoke Parks and Recreation, Roanoke, VA, 84p. Roanoke Parks and Recreation (2010), Carvins Cove Natural Reserve Trail Management Plan, Roanoke Parks and Recreation, Roanoke, VA, 86p, Roanoke Valley Area Metropolitan Planning Organization (2012), Bikeway Plan for the Roanoke Valley Area Metropolitan Planning Organization, Roanoke, VA. Roanoke Valley, Blue Ridge Parkway Trail Plan, Final Draft, (2004 January 20), Unpublished plan compiled by Blue Ridge Parkway, Roanoke Valley Greenway Commission, National Park Service Rivers and Trails Program, and Roanoke Valley Blue Ridge Parkway Planning Team, 79p. Ryan, Karen -Lee, editor (1993, 2000), Trails for the Twenty -First Century: Planning, Design, and Management Manual for Multi -Use Trails, Rails -To- Trails Conservancy, Island Press, Washington DC, 214p. State of Minnesota, Department of Natural Resources, (2007), Trail Planning, Design, and Development Guidelines, St. Paul, MN, 306p. Steinholtz, Robert T. and Brian Vachowski, (2007), Wetland Trail Design and Construction, USDA Forest Service, Technology and Development Program, Missoula, MT, 0723 - 2804 -MTDC, 82p. Trail Solutions: (MBA's Guide to Building Sweet Singletrack, (2004), International Mountain Bicycling Association, Boulder, CO, 272p. United States Access Board (2004), Americans with Disabilities Act and Architectural Barriers Act Accessibility Guidelines. 304p. United States Access Board (2009), Proposed Accessibility Guidelines for Outdoor Developed Areas. 48p. United States Access Board (2011), Draft Final Accessibility Guidelines for Pedestrian Facilities in the Public Right - of -Way. 112p. United States Department of Agriculture (2012), Accessibility Guidebook for Outdoor Recreation and Trails. 122p. United States Department of Agriculture, Forest Service (2013), Outdoor Accessibility Guidelines (FSORAG), https: / /www corada com/ documents / 2013- fsoraa /technical- provisions United States Department of Agriculture, Forest Service (supercedes 1996), Standard Specifications for the Construction of Trails, Washington DC, htti):/Iwww.fs.fed.us/database/acad/dev/trails/trailshtm, 140p, United States Department of Agriculture, Forest Service (2016), Trail Fundamentals and Trail Management Objectives, 84p. Appendix G - 5 United States Department of the Interior, National Park Service (1998), A Blue Ridge Parkway Toolbox United States Department of the Interior, National Park Service (2015), Roanoke Valley /Blue Ridge Parkway Trail Plan and Environmental Assessment, 174p. United States Department of Transportation, Federal Highway Administration, (1999), Designing Sidewalks and Trails for Access. FHWA- HEP -99 -006, HEHE /8- 99 /(5M)E, and FHWA -EP -01 -027, HEPH /8- 01(10M)E, 2 volumes. United States Department of Transportation, Federal Highway Administration, Federal Railroad Administration, National Highway Traffic Safety Administration, Federal Transit Administration (2002, August), Rails- with - Trails: Lessons Learned. FTA- MA -26- 0052 -04 -1. United States Forest Service, Angeles National Forest, (1991, February), Trail Selection Criteria for Mountain Bike Use on Existing Forest Trails. Virginia Department of Conservation and Recreation (2000, updated 2011), The Virginia Greenways and Trails Toolbox, Commonwealth of Virginia, Richmond, VA. Virginia Department of Conservation and Recreation, Division of Planning and Recreation Resources (2013, draft update 2018), Virginia Outdoors Plan, Commonwealth of Virginia, Richmond, VA. Virginia Department of Game and Inland Fisheries, Discover Our Wild Side: Virginia Birding and Wildlife Trail, Mountain Area. Virginia Department of Transportation (2002, January), Virginia Bicycle Facility Resource Guide, Virginia Department of Transportation, Commonwealth of Virginia, Richmond, VA. Virginia Greenways and Trails Toolbox, (2000), Department of Conservation and Recreation, Commonwealth of Virginia, Richmond, VA. Webber, Pete, editor (2007), Managing Mountain Biking: (MBA's Guide to Providing Great Riding, International Mountain Bicycling Association, Boulder, CO, 256p. Whitesell Orrison, Inc. (2000), Carvins Cove Land Use Plan, City of Roanoke, VA, 81 p. Appendix G - 6 Appendix H 2016 Greenway Plan Network Map Appendix H -1 1 - Appalachian Trail 2 - Back Creek Greenway 3 - Barnhardt Creek Greenway 4 - Birding and Wildlife Trail Sites 5 - Blue Ridge Parkway Trails 6 - Carvin Creek Greenway 7 - Carvins Cove Trail Network 8 - Carvins Cove Connections 9 - Catawba Greenway 10 - City, County and Town Park Trails 11 - Craig Creek Trail 12 - Daleville Greenway" 13 - Eagle Rock Greenway 14 - Elizabeth Greenway 15 - Explore Park Trail Network 16 - Garden City Greenway "Please see Appendix E for more information about the alternative alignments for Tinker Creek and Daleville Greenways. 2018 Greenway Plan Network Map I� Prepared by the air REGIONAL 17 - Gish Branch Greenway 18 - Glade Creek Greenway 19 - Gladetown Trail 20 - Green Hill Park Trails 21- Greenfield Trails 22 - Hanging Rock Battlefield Trail 23 - Havens Wildlife Management Area Trails 24 - Hinchee Trail 25 - James River Greenway 26 - Jefferson National Forest Trails 27 - Lick Run Greenway 28 - Long Ridge Trail 29 - Mason Creek Greenway 30 - Masons Cove Greenway 31 - Mill Mountain Greenway 32 - Mill Mountain Park Trails 33 - Mudlick Creek Greenway 34 - Murray Run Greenway 35- National Forest Connections 36 - Perimeter Trail 37 - Poor Mountain Trails 38 - Read Mountain Greenway 39 - Read Mountain Trails 40 - Roanoke River Greenway 41 - Roanoke River Greenway Extensions 42- Spring Hollow Trails 43 - Tinker Creek Greenway' 44 - Wolf Creek Greenway Legend Proposed Greenways Category i Roanoke River Greenway, Unbul t Category 2 Hard Surface Greenways and Trails, Unbuill Category 3 Greenways and Trails in Oesign Category 4 Conceptual Greenways and Trails Category 5 Built Greenways and Trails National Forest Trails -- Appalachian Trail U.S. Bicycle Route 76 QLocality Boundaries Public Lands 0 0.75 1.5 3 4.5 6 Miles Buchan 13 E a p t e Rods (6 1 Botetourt B o te t o u r t County 35 C 1 e C r a ig County ,%' 1 7 9 6 e 30 43 43 B o t e t ourt County 1 a f o '! ✓�� 3 4 36 39 ..... � 43 6 2 38 17 27 City 43 �5 36 of Salem City of tt0 14 Roanoke 27 40 9 18 Town of 44 Vin ton 27 0 40 O 43 10 19 40 44 10 3 34 31 40 10 32 40 41 37 33 34 15 42 28 16 Roanoke County 5 10 2 5 36 1 - Appalachian Trail 2 - Back Creek Greenway 3 - Barnhardt Creek Greenway 4 - Birding and Wildlife Trail Sites 5 - Blue Ridge Parkway Trails 6 - Carvin Creek Greenway 7 - Carvins Cove Trail Network 8 - Carvins Cove Connections 9 - Catawba Greenway 10 - City, County and Town Park Trails 11 - Craig Creek Trail 12 - Daleville Greenway" 13 - Eagle Rock Greenway 14 - Elizabeth Greenway 15 - Explore Park Trail Network 16 - Garden City Greenway "Please see Appendix E for more information about the alternative alignments for Tinker Creek and Daleville Greenways. 2018 Greenway Plan Network Map I� Prepared by the air REGIONAL 17 - Gish Branch Greenway 18 - Glade Creek Greenway 19 - Gladetown Trail 20 - Green Hill Park Trails 21- Greenfield Trails 22 - Hanging Rock Battlefield Trail 23 - Havens Wildlife Management Area Trails 24 - Hinchee Trail 25 - James River Greenway 26 - Jefferson National Forest Trails 27 - Lick Run Greenway 28 - Long Ridge Trail 29 - Mason Creek Greenway 30 - Masons Cove Greenway 31 - Mill Mountain Greenway 32 - Mill Mountain Park Trails 33 - Mudlick Creek Greenway 34 - Murray Run Greenway 35- National Forest Connections 36 - Perimeter Trail 37 - Poor Mountain Trails 38 - Read Mountain Greenway 39 - Read Mountain Trails 40 - Roanoke River Greenway 41 - Roanoke River Greenway Extensions 42- Spring Hollow Trails 43 - Tinker Creek Greenway' 44 - Wolf Creek Greenway Legend Proposed Greenways Category i Roanoke River Greenway, Unbul t Category 2 Hard Surface Greenways and Trails, Unbuill Category 3 Greenways and Trails in Oesign Category 4 Conceptual Greenways and Trails Category 5 Built Greenways and Trails National Forest Trails -- Appalachian Trail U.S. Bicycle Route 76 QLocality Boundaries Public Lands 0 0.75 1.5 3 4.5 6 Miles RECEIVED SEP 0 7 2018 CITY OF ROANOKE PLANNING BUILDING & DEVELOPMENT CITY OF ROANOKE PDV Atin Tina Carr 215 CHURCH AVE ROOM 166 ROANOKE VA 24011 The Roanoke Times Roanoke, Virginia Affidavit of Publication Account Number 6011439 Date _ I September 04, 2018 Date Category Description Ad Size Total Cos! 09/1012018 Legal Notices PUBLIC HEARING NOTICE Any public hearings advertised ht 1 x 200 L 189400 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 PUBLIC HEARING NOTICE A was published in said newspapers on the following dates: 08128 09104/2018 The First insertion being given ... 08/28/2018 Newspaper reference: 0000810324 -4�vx� Billing Repres ntative Sworn to and subscribed before me this Tuesday, September 4, 2018 otary Pubi' State Yvirginla 'tvOTARI''` �. City /County of Roanoke PU6LiC My Commission expires = * F1,EG. 296 J 'ry PUBLIC HEARING NOTICE Any 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. Any applications will be available for review in Planning, Building, & Development, first floor. Room 170, 215 Church Avenue, S.W., Roanoke, Virginia, T h e City M Roanoke Mmirtleg CommIlsslon will hold a public hearing on September 10, 2018, at 1:30 p.m., or as soon thereafter as the matters may be heard, to consider these applications: Application by Fort Knox tool Williamson. LLC, to amend existing conditions proffered as part of a previous rezoning at 1001 Williamson Road. S.E., 0 (zero) 3rd Street. S.E., and 110 Albemarle Avenue, S.E, bearing Official Tax Map Nos. 4021504, 4021505. and 4021507. respectively. previously rezoned with conditions through the adoption of Ordinance No 40783 032017 on March 20, 1017 The amendments to the conditions propose to change the development plan and elevations. The land use categories permitted in It District include commercial; industrial; warehousing and distribution; assembly and entertainment; public. institutional and community; transportation: utility; agricultural; and accessory; with no maximum density specified and a maximum floor area ratio of 2.0. The comprehensive plan designates the property for commercial use, but does not specify density. The proposed use remains a self - storage building with possible business service establishment. Application by Frontier Development to rezone the property and repeal conditions proffered as part of a previous rezoning at 3601 Blue Hills Village Drive, N.E., bearing Official Tax Map No. 7160117. The application is to rezone the property from Commercial General Distnct (CG), with conditions, to Mixed Use Planned Unit Development District (MXPUD). The conditions proposed for repeal, placed on the property through the adoption of Ordinance No. 37461. 061906 on June 19, 2006, restrict curb cuts on Orange Avenue, permit only one freestanding sign per principal permitted use developed property, and state that the principal permitted uses are limited to: hotel or motel; business service establishment, not otherwise listed in Table 340.1. Use Matrix; financial institution; office, general or Professional; office, general or professional, large scale; drive - through facility, subject to Sec 36.2.409; mixed use building, subject to Sec 36.2.416: bakery, confectionary, or similar food production, retail; dry cleaning and laundry pickup station, personal service establishment, not otherwise listed in Table 340.1. Use Matrix, retail sales establishment not otherwise listed in Table 340 -1, Use Matrix; eating establishment; eating and drinking establishment, not abutting a residential district; entertainment establishment not abutting a residential district; health and fitness center: recreation, indoor; artist studio, day care center, adult; and day care center, child, subject to Sec. 361.408. The land use categories permitted in MXPUD District include residential; accommodations and group living; commercial: warehousing and distribution: assembly and entertainment; public, institutional. and community; transportation; utility; agricultural; and accessory; with a maximum density of one dwelling unit per 1,800 square feet of lot area and no maximum floor area ratio. The comprehensive plan designates the property for general commercial use, but does not specify density The proposed use is an eating establishment A request by the City of Roanoke to consider an amendment to Vision 2001 2020, the city's comprehensive plan, to replace the 2007 Update to the Roanoke Valley Conceptual Greenway Plan with the 2018 Roanoke Valley Greenway Plan The greenway plan will document progress towards goals identified in previous plans, consider additional routes and issues, and incorporate Botetourt County, a new member of the Greenway Commission, into the planning process and vision. Tina M. Carr, Secretary, City Planning Commission City Corntcfl will hold a public heanng on the aforesaid applications on September 17, 2018, at 7:00 p.m., or as soon thereafter as the matters may be heard, in the City Council Chamber fourth floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. Any person with a disability requiring any special accommodation to attend or participate in the public hearings should contact the City Clerk's office at (540) 853.2541 at least five days pror to the scheduled public hearings. Stephanie M. Moan Reynolds, MMC, City Clerk The City of Roanoke BoaN of Zoning Appeals will hold public hearings on September 12, 2018, at L :00 p.m., or as soon thereafter as the matters may be heard, to consider these applications: Application by Christin Lynn Bowles for property located at 4529 Plantation Road, N.E.. bearing Official Tax Map No. 330010I, for a special exception pursuant to Section 362 -322, Zoning, Code of the City of Roanoke (1979). ati amended, to establish a kennel, outdoor pens or runs. Application by Teresa Hancock for property located at 1434 Peters Creek Road. N.W , bearing Official Tax Map No. 2770114, for a special exception pursuant to Section J6.2-315, Zoning. Code of the City of Roanoke (1979), as amended, to establish a contractor or tradesman's shop, general or special trade. Application by D &T Richards for property located at 1543 Eton Road, S.W., bearing Official Tax Map No. 5150403, for a special exception pursuant to Section 361.311, Zoning, Cade of the City of Roanoke (1979), as amended, to establish a family day home. Application by Birgit Olesen for property located at 3748 Garden City Blvd, S.E.. bearing Official Tax Map No. 4400208, for a special exception pursuant to Section 362 -311. Zoning. Code of the City of Roanoke (1979), as amended, to establish a dwelling. two family 810324) Donna M Payne. Secretary City Board of Zoning Appeal. P(IBL.IC 11FARING NOTICI-. PUBLIC IIFAR1N(i NOTICI'; Any public hearings advertised herein will be held in the City Council Chamber, luurth floor, Room 450, Noel C. "Naylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. Any applications will be available 'for review in Planning. Building, & 1)cvclopment, first floor, Room 170, 215 Church Avenue, S.W., Roanoke, Virginia. The City of Roanoke Planning Commission will hold a public hearing on September 10, 2018. at 1:30 p.m., or as soon thereafter as the matters may be heard, to consider these applications: Application by Dort Knox 1001 Williamson. 11C. to amend existing conditions proffered as pert of a previous rezoning at 1001 Williamson Road, S.1;., 0 (zero) 3rd Street, ST., and 110 Albemarle Avenue, S.F.., bearing Official Tax Map Nos. 4021504, 4021505, and 4021507, respectively, previously rezoned with conditions through the adoption of.Ordinancc No. 40783- 032017 on Nlarch 20, 2017. The amendments to the conditions propose to change the development plan and elevations. The land use categories permitted in 1 -1 District include corrunercial: industrial; warchousing and distribution; assembly and entertainment; public, institutional and community; transportation: utility; agricultural; and accessory; with no maximum density specified and a maximum floor area ratio of 2.0. The comprehensive plan designatcs the property for commercial use, but does not specify density. The proposed use remains a self - storage building with possible business service establishment. Application by Frontier Development to rezone the property and repeal conditions proffered as part of a previous rezoning at 3601 Blue Hills Village Drive, N.E., bearing Official Tax Map No. 71601 17. The application is to rezone the property from Commercial - General District (C'(i), with conditions, to Mixed Use Planned Unit Development District (MXPUD). The conditions proposed for repeal, placed on the property through the adoption of Ordinance No. 37461- 061906 on June 19, 2006, restrict curb cuts on Orange Avenue, permit only one freestanding sign per principal permitted use developed on the property, and state that the principal permitted uses are limited to: hotel or motel; business service establishment, not otherwise listed in Table 340 -1, Use Matrix; financial institution; office, general or professional; office, general or professional. large scale; drive - through facility, subject to Sec 36.2 -409; mixed use building, subject to Sec. 36.2 -416. bakery, confectionary, or similar food production, retail; dry cleaning and laundry pick -up station: personal service establishment, not otherwise listed in Table 340 -1, Use Matrix; retail sales establishment not otherwise listed in Table 340 -1, Use Matrix: eating establishment; eating and drinking establishment, not abutting a residential district: entertainment establishment. not abutting a residential district; health and fitness center, recreation, indoor; artist studio; day care center, adult, and day care center, child, subicct to Sec. 36.2 -408. The land use categories permitted in MXPUD District include residential, accommodations and group living; commercial; warehousing and distribution; assembly and entertainment, puhlic, institutional, and arnunu11M., transportation: utility; agricultural: and accessory; with a maximum density of one dwciling unit per 1,800 square feet of lot area and no maximunn Moor area ratio. The comprehensive Ilan designates the property tier general comrntercial use, hilt dUCS not specilN density. The proposed use is an eating estahlishme.nt. A request by the City of Roanoke to consider an amendrncnt to I'ision 001 -2020, the city's comprehensive plan, to replace the 2001 (jxlutc to the Roemoke I'allev Concepluell (;rcynr+•(ry Plan with the 20I N Roanoke Vullev Greelnruv Plan. The greenway plan will document progress towards goals identified in previous plans. consider additional routes and issues, and incorporate Iiotetourt County, a new member of the Grecnway Commission, into the planning process and vision. T ina M. Carr, Secretary, City Planning Commission Cite Council will hold a public hearing on the atbresaid applications on September 17, 2018, at 7:00 p.m., or as soon thereafter as the matters may be heard, in the City Council Chamber, fourth fluor. Room 450. Noel C. Taylor Municipal Building, 215 Church Avenue. S.W., Roanoke, Virginia. Any person with a disability requiring any special accommodation to attend or participate in the public hearings should contact the City Clerk's office at (540) 853-2541 at least five days prior to the scheduled public hearings. Stephanie M. Moon Reynolds, MN/IC, City Clerk The City of Roanoke Board of 'Zoning Appeals will hold public hearings on September 12, 2018, at 1:00 p.m., or as soon thereafter as the matters may be heard, to consider these applications: Application by Christin Lynn Fowles for property located at 4529 Plantation Road, N.E., bearing Official Tax Map No. 3300101, for a special exception pursuant to Section 36.2 -322, Zoning, Code of the City of Roanoke (1979), as amended, to establish a kennel, outdoor pens or runs. Application by Teresa Hancock for property located at 1434 Peters Creek Road, N.W., bearing, Official Tax Map No. 2770114, for a special exception pursuant to Section 36.2 -315, Zoning, Code of the City of Roanoke (1979), as amended, to establish a contractor or tradesman's shop, general or special trade. Application by U &T Richards for property located at 1543 Eton Road, SAV., bearing Official Tax Map No. 5150403. for a special exception pursuant to Section 36.2-311. Zoning, Code of the City of Roanoke (1979). as amended. to establish a family day home. Application by Birgit Olescn tor property located at 3748 Garden Oty Blvd, S.[•., hearing Official Tax Map No. 4400208, liar a special exception pursuant to Section 30.2-311. Loving. Code 01'111C City ol' Roanoke (1 979). a, anicndcLl, to es1ablis11 a dwelling. tWO family. Donna M. Pav►ne, Secretary. Otv Board of /oning Appeals Please publish in newspaper- ou 'TucsdaN ;august 28, 2018. and TuesdaN September 4, 2018. Please hill and send a1,11davit ofpuhlicntion to: "Tina M. Carr Secretary to the Planning Commisslon Planning, Building, & Development City of Roanokc Noel C. 'Taylor Municipal Building 215 Church Avenue, S \V, Room 106 Roanoke, VA 24011 540/853 -1730 tina.carr ffroanokeva. gov Donna N1. Payne Secretary to the Board of Loving Appeals Planning, Building, & Development City of Roanoke. Noel C. "Taylor Municipal Building 2I 5 Church Avenue, SW, Room 166 Roanoke, VA 24011 540/853 -1730 donna. aNne'ii�roanokera ,.!ov Please send affidavit of publication to: Stephanie M. Moon Reynolds, MMU, City Clerk 215 Church Avenue, S.W.. Sllltc 456 Noel C. Taylor Municipal Building Roanoke, Virginia 24011-1536 540`853 -2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of September, 2018. No. 41265- 091718. AN ORDINANCE authorizing the City Manager to execute Amendment No. 1 to the Contract for the Purchase and Sale of Real Property, dated May 22, 2018 ( "Contract "), by and between the City of Roanoke, Virginia ( "City "), and RYT, L.L.C. ( "RYT "), for real property situated at 201 Carver Avenue, N.E., Roanoke, Virginia, designated as Official Tax Map No. 2041817, to (i) change the Contemplated Use of the Property; and (ii) extend the Closing Date to prior to March 31, 2019, upon certain conditions; authorizing the City Manager to execute such further documents and take such further actions as may be necessary to accomplish the above matters; reordaining Ordinance No. 41140- 052118, adopted on May 21, 2018, only to the extent not inconsistent with this Ordinance; and dispensing with the second reading of this Ordinance by title. WHEREAS, the Council of the City of Roanoke adopted Ordinance No. 41140- 052118, adopted on May 21, 2018, in which Council approved the terms of a Contract between the City and RYT, pursuant to which Contract the City agreed to sell City- owned property located at 201 Carver Avenue, N.E., Roanoke, Virginia, designated as Official Tax Map No. 2041817 ( "Property "); 2018; WHEREAS, the City and RYT executed the Contract, which was dated May 22, WHEREAS, RYT has requested changes to the Contract to include (i) changing the Contemplated Use of the Property; and (ii) extending the Closing Date to prior to March 31, 2019, as more particularly described in the City Council Agenda Report dated September 17, 2018; and O- Amendment One -City to RYT LLC -201 Carver Ave (9.17.18) 1 WH REAS, a public hearing was held on September 17, 2018, pursuant to Sections 15.2 -1800 and 15.2 -1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such convcy�lncc. 1'1IERFI ORI , 131? IT ORDAINED by the Council of the City of Roanoke as follows: 1. City Council hereby approves the terms of Amendment No. i to the Contract as set forth in the City Council Agenda Report dated September 17, 2018, which Amendment No. I amends the Contract approved by City Council by Ordinance No. 41140 -0521 18, adopted on May 21, 2018, and provides for certain undertakings and obligations by RYT and the City. 2. The City Manager is hereby authorized on behalf of the City to execute Amendment No. 1 to the Contract, which provides for a change to the Contemplated Use of the Property and to extend the Closing Date to prior to March 31, 2019, upon certain terms and conditions as set forth in Amendment No. 1 to the Contract attached to the City Council Agenda Report dated September 17, 2018. Such Amendment No. 1 to the Contract is to be substantially similar to the one attached to such Report, and in a form approved by the City Attorney. 3. The City Manager is further authorized to negotiate, execute, deliver, and implement such further documents and agreements and take such further actions as may be necessary to implement, administer, and enforce such Amendment No. 1 to the Contract, and to negotiate, execute, deliver, and implement any other agreements or documents related to this matter. O- Amendment One -City to RYT LLC -201 Carver Ave (9.17.18) 2 4. Ordinance No. 41140 - 052118, adopted May 21, 2018, is hereby reordained to the extent that such Ordinance is not inconsistent with this Ordinance. In the event of any inconsistency, the provisions of this Ordinance shall control. 5. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. ATTEST: yt City Clerk. O- Amendment One -City to RYT LLC -201 Carver Ave (9.17.18) 3 'r , G CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: September 17, 2018 Subject: Request to Amend the Contract's Conceptual Use for the Sale of Approximately 1.2106 Acres of City -owned Property located at 201 Carver Avenue, N.E. to RYT, L.L.C. Background: The City of Roanoke entered into a Contract for Purchase and Sale of Real Property with RYT, L.L.C. on May 22, 2018 (Contract). The Buyer originally desired to acquire real property situated at 201 Carver Avenue, N.E., Roanoke, Virginia, designated as Official Tax Map No. 2041817 (Property) for the purposes of constructing parking on the Property in order to facilitate the construction of a building to expand the existing wrecker sales, installation, and service business. on adjacent property identified as 210 Carver, N.E., bearing Official Tax Map No. 2041 341 (Adjacent Parcel). Buyer now desires to change the contemplated use of the Property from exclusively a parking lot to also include construction of a wrecker yard and other related uses. Buyer has to obtain final approval from the City of Roanoke to rezone the Property to an appropriate zoning district that permits, as a matter of right, or by Special Exception, the construction of the revised uses contemplated by the Contract on the Property and Adjacent Parcel. The Contract needs to be amended to change the contemplated use and extend the closing date to no later than March 31, 2019. Under State Code, City Council is required to hold a public hearing to consider the proposed amendments to the Contract. City Council has authorized the City Manager to set a public hearing for September 17, 2018 at 7:00 p.m. Notice of the public hearing was advertised in The Roanoke Times on Monday, September 10, 2018 Recommended Action: Absent comments at the public hearing to the contrary, approve the attached Amendment No. 1 to the Contract for Purchase and Sale of Real Property and authorize the City Manager to execute Amendment No. 1 substantially similar to that which is attached to this Agenda Report; and at Closing, execute and deliver a Special Warranty Deed conveying the Property to RYT, L.L.C.; and execute such other documents and to take such further actions as may be necessary to administer, and enforce such Contract, as amended. All documents are subject to approval as to form by the City Attorney. -------- - - - - -- - -- - - - - - -- Robert S. Cowell, r. City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Amelia C. Merchant, Director of Finance Robert Ledger, Acting Director Economic Development Cassandra L. Turner, Economic Development Specialist Laura M. Carini. Assistant City Attorney 2 AMENDMENT NO. 1 CONTRACT FOR PURCHASE AND SALE OF REAL PROPERTY DATED MAY 22, 2018 This Amendment No. 1, to the Contract for Purchase and Sale of Real Property dated May 22, 2018, between the City of Roanoke, Virginia, a Virginia municipal corporation ( "Seller" or "City "), and RYT, L.L.C., a Virginia limited liability company ( "Buyer ") ( "Amendment No. 1 ") is made this _ day of September, 2018, by and between Seller and Buyer. RECITALS: A. Seller and Buyer entered into a Contract for Purchase and Sale of Real Property dated May 22, 2018 ( "Agreement ") under which Agreement Seller agreed to sell, and Buyer agreed to purchase, the Property as defined therein, for the sum of $72,733.00, together with other considerations; B. The Recitals and Section 1: Definitions of the Agreement provided that Buyer's Contemplated Use for the Property was to acquire the Property for the purposes of constructing parking on the Property in order to facilitate the construction of a building to expand the existing wrecker sales, installation, and service business on the Adjacent Parcel; C. Buyer has advised City that the Contemplated Use has changed; D. Buyer desires for the Contemplated Use for the Property to be changed to acquiring the Property for the purposes of constructing a wrecker yard and other related uses; E. Section 11 of the Agreement provided that Closing of the transaction shall occur prior to October 1, 2018; F. Due to the change of Contemplated Use and the additional time it will take to apply for and obtain rezoning and a special exception, the Buyer requests a change in the Closing Date to prior to March 31, 2019; and G. Buyer and Seller agree to amend certain terms of the Agreement to (i) change the Contemplated Use for the Property; and (ii) extend the Closing Date for an additional amount of time to prior to March 31, 2019. NOW, THEREFORE, based upon the mutual covenants and agreements set forth in the Recitals which are incorporated as a part of this Amendment No. 1, and for other good and valuable consideration, the sufficiency of which the parties acknowledge, Seller and Buyer agree as follows: 1. Amendments to Agreement. A. Seller and Buyer hereby amend the Agreement as follows: B. The second Recital is amended by replacing the Recital with the following: WHEREAS, Seller is desirous of selling the Property to Buyer and Buyer is desirous of acquiring such Property for the purposes of constructing a wrecker yard and other related uses ( "Contemplated Use "); C. Section 1 of the Agreement is amended by replacing the definition of Contemplated Use with the following: Contemplated Use: The development of the Property by Buyer for the purpose described in the Recitals to this Contract. Development shall include the construction of parking on the Property and construction of an approximately 6,000 square foot building on the Property, all as more particularly depicted and described in Revised Exhibit A attached hereto and made a part hereof. The new construction on both the Property and Adjacent Parcel shall comply with all applicable zoning and building regulations including screening requirements. D. Section 4.B.4 of the Agreement is amended by replacing the Section with the following: If the Buyer fails to commence Construction Activity on the Property or the Adjacent Parcel within three hundred sixty -five (365) days after the Closing Date, as provided in Section 4.B.2. of this Contract, or Buyer fails to Substantially Complete all work for the Project on the Property and the Adjacent Parcel within one thousand and ninety -five (1,095) days after the Closing Date as set forth in Section 4.B.3. of this Contract, the Seller shall have the right to call upon the Buyer to pay Eighty -Seven Thousand Two Hundred Sixty -Seven Dollars ($87,267), the entire amount of which Buyer shall be obligated to pay to the Seller without delay, but in no event later than fifteen (15) days after receipt of Seller's demand for payment. The parties recognize that the Seller will suffer damages if the Buyer fails to comply with the terms of this Contract. The parties also recognize the delays, expense, and difficulties involved in proving the actual loss or damages the Seller will suffer if Buyer fails to comply with this Contract. Therefore, the Buyer hereby agrees to provide the amount specified in this section as liquidated damages for loss and damages to the Seller for Buyer's failure to comply with any of the terms of this Contract, but not as a penalty, and Seller shall have no other remedies against Buyer. E. Section 4.B.8 of the Agreement is amended by replacing the Section with the following: Buyer acknowledges and agrees that Buyer shall not sell, transfer, or otherwise dispose of (i) the Property or the Adjacent Parcel; (ii) any portion of the Property PI or the Adjacent Parcel; (iii) or any interest in the Property or the Adjacent Parcel, other than a deed of trust or mortgage in connection with the development and construction of the Project, until the Property and the Adjacent Parcel have been developed completely in accordance with the Project, and a final, permanent certificate of occupancy issued by the City of Roanoke Department of Planning, Building, and Development has been granted to Buyer for the building constructed on the Property and the building expansion constructed on the Adjacent Parcel pursuant to the Project. Buyer imposes the Restriction on Transfer Covenant on the Property and the Adjacent Parcel. If Buyer conveys, transfers, or attempts to convey or transfer, prior to Substantial Completion of the Project (i) the Property or the Adjacent Parcel; (ii) any portion of the Property or the Adjacent Parcel; (iii) or any interest in the Property or the Adjacent Parcel; any such conveyance shall be deemed void, of no force or effect, and a breach of this Contract. Seller shall have the remedies set forth herein and in Section 15.13. of this Contract for such breach. Any deed of trust shall be expressly subordinate to the rights and remedies of Seller set forth in this Contract. Notwithstanding any of the foregoing, there shall be no restriction on Buyer transferring the Property or the Adjacent Parcel or any interest therein at any time to any wholly owned subsidiary of Buyer, subject to the terms of this Contract. F. Section I LC of the Agreement is amended by replacing the Section with the following: Buyer and Seller shall consummate and complete the Closing of this transaction no sooner than thirty (30) days but no later than sixty (60) days after satisfaction of all conditions set forth in Section 3. Buyer shall designate the specific date on which the Closing shall occur within such period set forth above at least ten (10) business days prior to the Closing Date. Under no circumstance shall the Closing occur later than March 31, 2019, unless Seller grants further extension periods. G. Exhibit A of the Agreement is amended by replacing Exhibit A with Revised Exhibit A, which is attached hereto and made a part hereof 2. Entire Agreement. The Agreement, as amended by this Amendment No. 1, constitutes the entire agreement between the parties. The Agreement, as amended by Amendment No. 1, remains in full force and effect. SIGNATURES APPEAR ON FOLLOWING PAGES 3 IN WITNESS WHEREOF, Buyer and Seller have executed this Amendment No. 1 by their authorized representatives effective as of the Effective Date. WITNESS: COMMONWEALTH OF VIRGINIA CITY OF ROANOKE, to -wit: CITY OF ROANOKE, VIRGINIA By Robert S. Cowell, Jr., City Manager The foregoing instrument was acknowledged before me this day of September, 2018, by Robert S. Cowell, Jr., City Manager for the City of Roanoke, Virginia, a Virginia Municipal Corporation, for and on behalf of said municipal corporation. My commission expires: WITNESS: STATE OF CITY /COUNTY OF Notary Public RYT, L.L.C. By To -wit: Robert Young, President SEAL The foregoing instrument was acknowledged before me this day of September, 2018, by Robert Young, President of RYT, L.L.C., a Virginia limited liability company, for and on behalf of RYT, L.L.C. My commission expires: Notary Public SEAL Approved as to Form: Approved as to Execution: Assistant City Attorney Assistant City Attorney Authorized by Ordinance No 4 REVISED EXHIBIT A Description of Contemplated Use (2 pages) / / N Lb o 0 I 11D '9 z w O O O O D W r El so. A I \ ' -'0 y ` 1 w7 \ I J W L' r r4tz c N O N) r N > O D O -IZ(n s 02 (7A N. ~ m n O m W / NA D \\ I < I jr— -23.6 f OD O = I m 16.8' Wm \ I > <I m z Z C D F1 — z � z o z X11 \ man D m m z c, x c m _ o m z 0 m m g 70'X80' NEW METAL BUILDIN 1R� a��vrgl�e ., ROBERT YOUNG TRUCKING LLC �" 24013 m PRELIMINARY LAYOUT 210 CARVER AVENUE _ p CITY OF ROANOKE, VIRGINIA l —r -o s s ° 75 i I I I I D ZONE (DOWNTOWN) 'o TAX MAP 2041815 — — — — — — 0 I SHENANDOAH m o TELECOM UNICATIONS COMPANY I C TAX MAP 2041815 I n r 0 INSTR.# 180000841 m O � Z7 � NO I Z m M m PARKING rD O I r 0 O W N i n m O Q n W D co D O I x � D y A U O A OFFICE N , v0v)1 D o v w m ITI O ('� N ZO �� D. x � O oD m m co / o 0 g a a a m} 102 Albemarle Ave. Roanoke, Virginia m m a PRELIMINARY RYT LLC 24013 DESIGN CITY OF ROANOKE, VIRGINIA o N ? A ,epe Oealsn ;o 52 3 .oe S -yi a0 s ' I 3p. � / z T m = 0 � c / o D \ on I D / mX > O m / y 0 N 0 oa / m m z 0 O / m Z J N O / rj K O / K z / x m O I Ir 0 0 0 O O m O (/) 0) O I D 0 3 � n O m m n O D m W D I xm I D DO G7 I < Z —1 < Z Z olO O O m ' I n I m O m z oD m I I g a a a m} 102 Albemarle Ave. Roanoke, Virginia m m a PRELIMINARY RYT LLC 24013 DESIGN CITY OF ROANOKE, VIRGINIA o N ? A ,epe Oealsn ;o 52 3 .oe S -yi a0 s ' The Roanoke Times Roanoke, Virginia Affidavit of Publication SHERMAN M STOVALL, ASSISTANT CITY MGR C /O. R. Brian Townsend, Assistant City Manager for Community Development 215 CHURCH AVE SW ROOM 364 ROANOKE. VA 24011 Account Number 6017304 Date September 10, 2018 Date Category Description Ad Size Total Cost 0911612018 Legal Notices NOTICE OF PUBLIC HEARING Pursuant to the requirement 1 x 65 L 366.40 NOTICE OF PUBLIC HEARING Pursuant to the requirements of Sections 15.2 - 1800.E and 15.2-1813, Code of Virginia (1950). as amended, notice is hereby given that the Council of the City of Roanoke will hold a public hearing on September 17. 2018, at 7:00 p.m., or as soon thereafter as the matter may be heard. in the Council Chu nr ber, 4th Fluor, Room 450, Nuel C. Taylor Municipal Building, 21[5 Church Avenue. S.W.. Roanoke, Virginia 24011. un a pro posed Amendment No. 1 to the Contract for Purchase and Sale of Real Property between the City of Roanoke. Virgin, arld RYT, L.L.C.- (Buyer) dated May 22. 2018. (Contract) wherein the City proposes to amend certain terms of the Contract an certain real property located at 201 Carver Avenue. N.E -. Raanoke. Virginia. consisting of approximately 1.2106 acres of City -owned property (Property). the Property being designated as Otticial Tax Map No. 2041817. The proposed changes to the Contract include (i) changing the Contemplated Use of the Property. and (ii) extending the Closing Date to March 31, 20tg. A copy of the proposed Amendment No. I to the Contract and Ordinance will be available at the City Clerk's Office, Room 456. Noel C. Taylor Municipal Building, 215 Church Avenue. S -W., Roa nuke. Virginia 24011, on and after Monday• September 10, 2018. For further information on the matter, you may contact the Office of the City Clerk at(540) 853 -2541. All parties and interested entitles may appear on the above date and time to be heard on the above matter. It 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. September 13, 2018. 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: 09/10/2018 The First insertion being given ... 09/10!2018 Newspaper reference: 000081,6550 /,)/M Billing Re resentative Sworn to and subscribed before me this Monday, September 10, 2018 Given under my hand this 10tH day �rr Stephanie M. Moon Reynolds. MMC City Clerk (816550) -,. ,d N ary Pu is itltt;llll /,,, State of Virginia City /County of Roanoke =4 ,•' NO?ARY My Commission expires w3t 20 �� PUSUC � COt�tf,-355;C fti"f O .Q THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YO�IJ'�,,�� i ��Ll y4 ,;•`� l f}fili itill� NOTICE OF PUBLIC HEARING Pursuant to the requirements of Sections 15.2- 1800.B and 15.2 -1813, Code of Virginia (1950), as amended, notice is hereby given that the Council of the City of Roanoke will hold a public hearing on September 17, 2018, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, 4th Floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011, on a proposed Amendment No. 1 to the Contract for Purchase and Sale of Real Property between the City of Roanoke, Virginia (City) and RYT, L.L.C., (Buyer) dated May 22, 2018, (Contract) wherein the City proposes to amend certain terms of the Contract on certain real property located at 201 Carver Avenue, N.E., Roanoke, Virginia, consisting of approximately 1.2106 acres of City -owned property (Property), the Property being City -owned property designated as Official Tax Map No. 2041817. The proposed changes to the Contract include (i) changing the Contemplated Use of the Property; and (ii) extending the Closing Date to March 31, 2019. A copy of the proposed Amendment No. 1 to the Contract and Ordinance will be available at the City Clerk's Office, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011, on and after Monday, September 10, 2018. For further information on the matter, you may contact the Office of the City Clerk at (540) 853 -2541. All parties and interested entities may appear on the above date and time to be heard on the above 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, September 13, 2018. Given under my hand this 10th day of September, 2018. Stephanie M. Moon Reynolds, MMC City Clerk Note to Publisher: Please publish once in the Roanoke Times, legal notices, on Monday, September 10, 2018. Please send affidavit of publication to: Stephanie M. Moon Reynolds, MMC, City Clerk 4 1 Floor, Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 456 Roanoke, Virginia, 24011 Phone: (540) 853 -2541 Send Invoice to: R. Brian Townsend, Assistant City Manager 3'd Floor, Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011 Phone: (540) 853 -2333 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of September, 2018. No. 41266- 091718. AN ORDINANCE amending and reordaining Section 32- 103.2, Williamson Road Area Service District defined, Division 7, Williamson Road Area Service District, Article II, Real Estate Taxes Generally, of Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended, to amend the definition of the Williamson Road Area Service District ( "Service District ") to expand the Service District; providing for an effective date: and dispensing with the second reading by title of this ordinance. WHEREAS, the Service District was established by Ordinance No. 31472, adopted by Roanoke City Council on May 24, 1993; and WHEREAS, at the request of the owner of two properties located at the northern end of the Service District, identified by Official Tax Map Nos. 2200244 and 2200202 (the "Additional Parcels "), the City desires to expand the Service District to include the Additional Parcels. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: Section 32- 103.2, Williamson Road area service district defined, Division 7, Williamson Road Area Service District, Article II, Real Estate Taxes Generally, of Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: Sec. 32- 103.2. - Williamson Road area service district defined. - 0 M-21 0, ` ' Code Amendment - Williamson Road Service District.doc cnginee= datedA -nl 17 1993 (revised A '1 30 1993) a p of_..,>1:,.t, on file and available for publie ins. 'e Offiee of the Roanok Clerk, Room 456, Muni-eipal Building, 215 Ghufeh Aventie, S.W., Roan (a) The location and boundaries of the Williamson Road Area Service District established by this chapter shall be defined to include the area shown as designated on a map entitled "Official Map of Williamson Road Area Service District" effective July 1 2019 designated as Project Number 6860, prepared by and maintained in electronic format by the Office of the City Engineer, a copy of which is on file and available for public inspection in the Office of the City Engineer Room 350 215 Church Avenue Roanoke, Virginia and on the City of Roanoke's Real Estate GIS website. (b) References to street names and official tax numbers set out in the description referred to in subsection (a) of this section are based upon Roanoke City Official Appraisal Maps as of March 26, 1986. Ti, above described (c) Public utility facilities in or above the public right -of -way, such as poles, lights, wire, cable, conduit and piping, and railroad right -of -way and track shall not be included within the Williamson Road Area Service District or subject to the tax imposed by this division. 2. This ordinance shall be in full force and effect upon July 1, 2019. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: vg'. r%n - City Clerk. Code Amendment - Williamson Road Service District.doc RIM IVF�11 (c) Public utility facilities in or above the public right -of -way, such as poles, lights, wire, cable, conduit and piping, and railroad right -of -way and track shall not be included within the Williamson Road Area Service District or subject to the tax imposed by this division. 2. This ordinance shall be in full force and effect upon July 1, 2019. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: vg'. r%n - City Clerk. Code Amendment - Williamson Road Service District.doc STATEMENT OF CONFLICT OF INTEREST I, John A. Garland, state that I have a personal interest in Agenda Section A, Public Hearings, Item A. , of the 7:00 p.m. Session of City Council on September 17, 2018, regarding a Proposal of the City of Roanoke to consider an amendment to Williamson Road Area Service District boundary to expand the District Boundary to include properties situated at 5401 Williamson Road, N. W., and 5411 Williamson Road, N. W., because I have been engaged by Fort Knox 5411 Williamson Road, LLC, the owner of the properties affected by this proposal, to provide engineering services for these properties. Therefore, pursuant to Virginia Code Section 2.2 -3112, I must refrain from participation in this matter. I ask that the City Clerk accept this statement and ask that it be made a part of the minutes of this meeting. Witness the following signature made this 17th day of September, 2018. f (Seal) Joh . Garland, Council Member CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: September 17, 2018 Subject: Expansion of the Williamson Road Service District Boundary Background: The Williamson Road Area Service District was established by Ordinance No. 052493 -31472 on May 24, 1993. Since then, an additional $0.10 per $100 of value has been assessed on real estate in the district. District proceeds have been directed to the Williamson Road Area Business Association to provide the additional services in the district. Such services are outlined in an annual work plan and budget submitted to the city for approval. Mr. ,James R. Cherney, of Fort Knox 5411 Williamson Road LLC, has requested that two properties owned by the LLC be added to the service district, by letter dated .tune 5, 2018. Those properties are identified as 5401 Williamson Road and 5411 Williamson Road, identified by tax map numbers 2200244 and 2200202. Considerations: 5401 Williamson Road is the smaller of the two parcels and directly fronts on Williamson Road. Formerly in Roanoke County, it was brought into the city by a voluntary boundary adjustment on ,January 1, 2017. The larger parcel, 5411 Williamson Road, did not front on Williamson Road and therefore was not included in the district when it was established in 1993. The owner intends to combine the parcels into a single parcel when redevelopment occurs. The existing and proposed new boundaries of the Williamson Road Area Service District are depicted in the attached maps: "Proposed addition to Williamson Road Area Service District (Enlargement of Additional Areas)," "Proposed addition to Williamson Road Area Service District (Entire District)," and "Official Map of Williamson Road Area Service District effective July 1, 2019, designated as Project Number 6860." Section 15.2- 2402.1 of the Code of Virginia (1950), as amended, requires a public hearing be advertised and held by City Council prior to considering any change to service district boundary. The public hearing has been duly advertised. Recommended Action: Following the public hearing and after consideration of comments received at the public hearing, approve the expansion of the Williamson Road Area Service District by adoption of the attached ordinance. Adopt the accompanying budget ordinance to increase the revenue estimate for the Williamson Road Area Service District Tax for FYI by $21 1 , increasing by the same amount the appropriation to the Williamson Road Area Business Association. ------- --------------- - - -- Robert S. Cowell, Jr. City Manager Distribution: Council Appointed Officers R. Brian Townsend, Asst. City Mgr. for Community Development Amelia C. Merchant, Director of Finance 2 Proposed addition to E Williamson Road Area Service District (Enlargement of Additional Areas) 5 Legend Addition to Service District OCorporate Boundary Williamson Road Area Service District � x t' N Official Map of Williamson Road Area Service District E effective July 1, 2019, designated as Project Number 6860 S Legend Corporate Boundary Williamson Road Area Service District 464 P ; A NO K r 2, , The Roanoke Times Account Number Roanoke, Virginia 6091575 Affidavit of Publication I Date I September 11, 2018 Date Category Description Ad Size Total Cos', 09117;2018 Legal Notices NOTICE OF PUBLIC HEARING The City of Roanoke will hold 1 x 82 L 1.191.76 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 NOTICE OF PUBLIC HEARING was published in said newspapers on the following dates: 08128 09104 09111/2018 The First insertion being given ... 08j28/2018 Newspaper reference: 0000606640 ,Zz- - / �Wz Billing Reprejentative Sworn to and subscribed before me this Tuesday, September 11, 2018 otary P bli ; 1S ' NOT•' State of Virginia A- . P'USUG City /County of Roanoke 1 PEG. 4332s64 -Jt My Commission expires = aI y C-01`114'SSICtd �� r' E," 1Rc,. THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU NOTICE OF PUBLIC HEARING The City of Roanoke will hold a public hearing to consider an amendment to the boundary of the Williamson Road Area Service District (the "District ") as described in Section 32103.2, Williamson Road Area Service District defined, of the Code of the City of Roanoke (1979), as amended. The proposal is to expand the boundary of the District to include properties situated at 5401 Williamson Road, N. W., and 5411 Williamson Road, N.W., and bearing Official Tax Map Nos. 2200244 and 2200202, respectively (the "Additional Parcels'), within the District. If the proposal is approved by City Council, the Additional Parcels will be subject to the levy and collection of the additional annual real property tax, mposed on all properties in the District, in the amount of ten cents (5.10) per one hundred dollars (5100.00) of assessed valuation. The Additional Parcels proposed to be included in the District are described as (1) a parcel of real estate ocated at 5401 Williamson Road, N.W., designated as Official Tax Map No. 2200244. containing 1.0736 acres, more or less: arid (2) a parcel of real estate ocated at 5411 Williamson Road, N.W., designated as Official Tax Map No. 2200202. containing 9,90 acres, more or less. Copies of the proposed ordinance and plats depicting the current and proposed boundaries of the District are available for review in the City Clerk's Office, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, on and after August 28, 2018. Pursuant to Sections 58.1 - 3000 "7 and 15.2 -2440 of the Code of Virginia (1450), 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 or, Monday, September 17, 2018, commencing at 7:00 p. m., or as soon thereafter as the matter may be heard, in the Council Chamber, 4th door. Noel C. Taylor Municipa! Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011. Citizens shall have the opportunity to be heard and express their opinions on said matter. Further information is available from the City Clerk's Office at (540)853 -2541. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office at (540) 853 -2541, before 12:00 Noon on Thursday. September 13, 2018_ GIVEN under my hand this 28th day of August, 2018, Stepha ^Je M. Moon Reynolds, MMC City Clerk (806640) 0-9L NOTICE OF PUBLIC HEARING The City of Roanoke will hold a public hearing to consider an amendment to the boundary of the Williamson Road Area Service District (the "District ") as described in Section 32- 103.2, Williamson Road Area Service District defined, of the Code of the City of Roanoke (1979), as amended. The proposal is to expand the boundary of the District to include properties situated at 5401 Williamson Road, N. W., and 5411 Williamson Road, N.W., and bearing Official Tax Map Nos. 2200244 and 2200202, respectively (the "Additional Parcels "), within the District. If the proposal is approved by City Council, the Additional Parcels will be subject to the levy and collection of the additional annual real property tax, imposed on all properties in the District, in the amount of ten cents ($.10) per one hundred dollars ($100.00) of assessed valuation. The Additional Parcels proposed to be included in the District are described as (1) a parcel of real estate located at 5401 Williamson Road, N.W., designated as Official Tax Map No. 2200244, containing 1.0736 acres, more or less; and (2) a parcel of real estate located at 5411 Williamson Road, N.W., designated as Official Tax Map No. 2200202, containing 9.90 acres, more or less. Copies of the proposed ordinance and plats depicting the current and proposed boundaries of the District are available for review in the City Clerk's Office, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, on and after August 28, 2018. Pursuant to Sections 58.1 -3007 and 15.2 -2400 of the 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, September 17, 2018, commencing at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, 4t" Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011. Citizens shall have the opportunity to be heard and express their opinions on said matter. Further information is available from the City Clerk's Office at (540)853 -2541. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office at (540) 853 -2541, before 12:00 Noon on Thursday, September 13, 2018. GIVEN under my hand this 28th day of August, 2018. Stephanie M. Moon Reynolds, MMC City Clerk Note to Publisher: Please publish three times in the Roanoke Times, legal notices, on the following dates: Tuesday, August 28, 2018 Tuesday, September 4, 2018. Tuesday, September 11, 2018 Please send affidavit of publication to: Stephanie M. Moon Reynolds, MMC, City Clerk 4th Floor, Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 456 Roanoke, Virginia, 24011 Phone: (540) 853 -2541 Send Invoice to: R. Brian Townsend, Assistant City Manager for Community Development 3rd Floor, Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011 Phone: (540) 853 -2333 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of September, 2018. No. 41267- 091718. AN ORDINANCE authorizing the City Manager to execute a proposed Agreement for Purchase and Sale of Real Property for the Development of a Downtown Parking Facility and Hotel (Agreement) between the City of Roanoke, Virginia ( "City "), Market Holdings, LLC (MH), and Big Lick Hospitality, LLC (Buyer), which proposed Agreement provides that the City, as the owner of certain real property of approximately 0.3607 acres, together with improvements thereon, situated at 120 Church Avenue, S.E., Roanoke, Virginia, designated as Official Tax Map No. 4011413 (City Parcel); MH, as the owner of certain real property of approximately 0.5755 acres, together with improvements thereon, situated at 116 Church Avenue, S.E., Roanoke, Virginia, designated as Official Tax Map No. 4011412 (MH Parcel); and Buyer, agreed that the City would (i) acquire the MH Parcel; (ii) consolidate the MH Parcel with the City Parcel (collectively, the Property); (iii) construct on the Property and own a Parking Facility, in fee simple; and (iv) convey to Buyer condominium units, certain air rights, and appropriate nonexclusive easement rights within the Parking Facility for the construction and operation of a Hotel Facility to accommodate the operation of a Hotel on portions of the Property, upon certain terms and conditions; authorizing the City Manager to execute all documents necessary to perform, effectuate, administer, and enforce the proposed Agreement; and dispensing with the second reading of this Ordinance by title. WHEREAS, as set forth in the proposed Agreement, the City, as the owner of certain real property of approximately 0.3607 acres, together with improvements thereon, situated at 120 Church Avenue, S.E., Roanoke, Virginia, designated as Official Tax Map No. 4011413 (City O- Authorize contract between City and Big Lick Hospitality(Marriott) (9.17.18) 1 Parcel); MH, as the owner of certain real property of approximately 0.5755 acres, together with improvements thereon, situated at 116 Church Avenue, S.E., Roanoke, Virginia, designated as Official Tax Map No. 4011412 (MH Parcel); and Buyer, entered into negotiations under which the City would (i) acquire the MH Parcel; (ii) consolidate the MH Parcel with the City Parcel (collectively, the Property); (iii) construct on the Property and own a Parking Facility, in fee simple; and (iv) sell to Buyer (a) two condominium units for hotel lobby facilities, (b) certain air rights above the proposed Parking Facility for hotel rooms, and (c) appropriate nonexclusive easement rights within the Parking Facility for the construction and operation of a Hotel Facility to accommodate the operation of a Hotel on portions of the Property; and WHEREAS, a public hearing was held on September 17, 2018, pursuant to Section 15.2- 1800 and Section 15.2 -1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such conveyance. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: The City Manager is hereby authorized on behalf of the City to execute the Agreement, substantially similar to the Agreement attached to the City Council Agenda Report dated September 17, 2018, whereby the City proposes to purchase the MH Parcel, consolidate the City Parcel and the MH Parcel, and sell to Buyer (a) two condominium units for hotel lobby facilities, (b) certain air rights above the proposed Parking Facility for hotel rooms, and (c) appropriate nonexclusive easement rights with the Parking Facility for the construction and operation of a Hotel Facility to accommodate the operation of a Hotel on portions of the Property, upon such terms and conditions as more particularly set forth in the above referenced Agenda Report. O- Authorize contract between City and Big Lick Hospitality(Marriott) (9.17.18) 2 2. The City Manager is further authorized on behalf of the City to negotiate, execute, deliver and implement such further documents and agreements and take such further actions related to this matter and as may be necessary to implement, administer, and enforce the conditions and obligations of the Agreement, and to negotiate, execute, deliver and implement any other agreements or documents related to this matter. 3. The form of the documents referred to above and in the City Council Agenda Report are to be approved by the City Attorney. 4. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. ATTEST: %, . 44'...' City Clerk. i T O- Authorize contract between City and Big Lick Hospitality(Marriott) (9.17.18) 3 CITY COUNCIL AGENDA REPO RT To: Honorable Mayor and Members of City Council Meeting: September 17, 2018 Subject: Purchase and Sale of a Portion of City -Owned Property located at 120 Church Avenue, S.E., Roanoke, Virginia 24011 and property to be acquired by the City at 116 Church Avenue, S.E., Roanoke, Virginia 24011. Background: The City of Roanoke (City) is the owner of certain real property, together with improvements thereon, situated at 120 Church Avenue, S.E., Roanoke, Virginia, depicted as Official Tax Map No. 401 141 3, of approximately 0.3607 acres (City Parcel). Market Holdings, LLC, a Virginia limited liability company, is the owner of certain real property, together with improvements thereon, situated at 116 Church Avenue, S.E., Roanoke, Virginia, depicted as Official Tax Map No. 4011412, of approximately 0.5755 acres (MH Parcel). Big Lick Hospitality, LLC, a South Carolina limited liability company, (Purchaser) is engaged in the business of developing and operating hotel projects. Furthermore, the City desires to consider the development of an additional parking facility within its downtown core area to accommodate the future expansion needs of its businesses, residents, and visitors to the City in order to enhance the level of economic activity within the City and the Roanoke region and enhance the quality of life within the City and the Roanoke region. The City, MH, and Purchaser have entered into negotiations under which the City would (i) acquire the MH Parcel; (ii) consolidate the MH Parcel with the City Parcel (collectively, the Property); (iii) construct and own a Parking Facility, in fee simple; and (iv) sell to Purchaser (a) two condominium units for hotel lobby facilities, (b) air rights for hotel rooms, and (c) appropriate nonexclusive easement rights in the Parking Facility in order for Purchaser to construct and own a Hotel Facility to accommodate the operation of a Hotel. The City, MH, and Purchaser propose to enter into a proposed Agreement for the Purchase and Sale of Real Property for the Development of a Downtown Parking Facility and Hotel (Agreement). Purchaser is seeking to purchase condominium units, air rights, and appropriate nonexclusive easement rights on the Property from the City for $700,010.00. Purchaser and the City intend to enter into an agreement for design and construction of a 125 -150 room hotel and City -owned parking garage containing approximately 490 to 500 parking spaces (Consolidated Project). By mutual agreement between the City and Purchaser, the exact dimensions of said condominium, air rights, and nonexclusive easements shall be determined and finalized, except for final as -built surveys designating the specific boundaries of each condominium unit, upon completion of all due diligence, and determination to proceed with the Consolidated Project, prior to commencement of construction of the Consolidated Project. Further actions of Council will be required if the parties elect to proceed with the proposed Agreement. Under State Code, City Council is required to hold a public hearing to consider the sale of City -owned property. City Council has authorized the City Manager to set a public hearing for September 17, 2018 at 7:00 p.m. Notice of the public hearing was advertised in The Roanoke Times on Monday, September 10, 2018. Recommended Action: Open the public hearing to receive comments regarding the proposed Agreement for the Purchase and Sale of Real Property for the Development of a Downtown Parking Facility and Hotel (Agreement). Following receipt of comments from the public hearing and, after consideration of the comments received from the public, adopt the attached ordinance authorizing the City Manager to execute an Agreement among Market Holdings, LLC, Big Lick Hospitality, LLC, and the City of Roanoke, substantially similar to the Agreement attached to this Report and authorizing the City Manager to execute such further documents, take such further actions as may be necessary to accomplish the above matters and perform in accordance with the terms of the Agreement. All documents are subject to approval as to form by the City Attorney. - - - - - -- - -- -------------------------- Robert S. Cowell, .Jr. City Manager Distribution: Council Appointed Officers Brian Townsend, Assistant City Manager for Community Development Amelia C. Merchant, Director of Finance Rob Ledger, Acting Director of Economic Development Laura M. Carini, Assistant City Attorney Draft September 10, 2017 AGREEMENT FOR THE PURCHASE AND SALE OF REAL ESTATE FOR THE DEVELOPMENT OF DOWNTOWN PARKING FACILITY AND HOTEL THIS AGREEMENT FOR THE PURCHASE AND SALE OR REAL ESTATE FOR THE DEVELOPMENT OF DOWNTOWN PARKING FACILITY AND HOTEL (this "Agreement ") is made this day of , 2018, ( "Effective Date ") among the CITY OF ROANOKE, VIRGINIA, a municipal corporation established and operating under the laws of the Commonwealth of Virginia ( "City "), MARKET HOLDINGS, LLC, a limited liability company established and operating under the laws of the Commonwealth of Virginia ( "MH "), and BIG LICK HOSPITALITY, LLC, a limited liability company established and operating under the laws of the State of South Carolina and qualified to conduct business in the Commonwealth of Virginia ( "Big Lick "). RECITALS A. The City is the owner of certain real property, together with improvements thereon, situated at 120 Church Avenue, S.E., Roanoke, Virginia, depicted as Official Tax Map No. 4011413 and more particularly described in Exhibit A attached hereto and made a part hereof ( "City Parcel "). B. MH is the owner of certain real property, together with improvements thereon, situated at 116 Church Avenue, S.E., Roanoke, Virginia, depicted as Official Tax Map No. 4011412, and more particularly described in Exhibit B attached hereto and made a part hereof ( "MH Parcel "). C. Big Lick is engaged in the business of developing and operating hotel projects and desires to develop the Hotel Project on portions of the City Parcel and the MH Parcel, hereinafter described as the Property. D. The City and Big Lick entered into negotiations under which the City would acquire the MH Parcel, consolidate the MH Parcel with the City Parcel, subdivide the consolidated parcel into two (2) parcels, and sell one of the parcels to Big Lick. The City would construct a parking facility on the parcel retained by it and Big Lick would construct a hotel containing 125 to 150 rooms on the parcel acquired from the City. E. During the course of these preliminary discussions and review of preliminary design plans, the City and Big Lick determined that the consolidation of the MH Parcel and the City Parcel could not be subdivided to create parcels with sufficient area to accommodate a parking facility of sufficient parking spaces for the needs of the City or a parcel with sufficient area to accommodate the hotel facility planned by Big Lick. F. Subject to the terms and conditions of this Agreement, the City and Big Lick are willing to conduct investigations, examinations, and analysis to determine whether it is feasible to create a project in which a parking facility and hotel are constructed, operated, and maintained Draft September 10, 2017 on the consolidated parcel with appropriate easement rights, air rights, and condominium rights with respect to the development of the Hotel Project. G. The Parties further agree that in the event that Big Lick determines, in its sole discretion, that construction and operation of the Hotel Project is not feasible, the City may exercise a right, in its sole discretion, to acquire the MH Parcel and construct the Parking Facility at the Property. H. The Parties agree to set forth their agreement and understandings in accordance with the terms of this Agreement. NOW, THEREFORE, based upon the mutual covenants, agreements, and understandings set forth in this Agreement, including the Recital set forth above and which Recitals are incorporated herein and constitute a material part of this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which the parties acknowledge, the City, MH, and Big Lick agree as follows: ARTICLE I PREAMBLE The City requires additional parking facilities within its downtown area to accommodate the expanding needs of its businesses, residents, and visitors to the City in order to enhance the expansion of economic activity within the City and the Roanoke Valley region and enhance the quality of life within the City and the Roanoke Valley region. Big Lick desires to build the Hotel Project on a portion of the Property and the City intends to construct a parking facility on a separate portion of the Property. After preliminary review of such a development, the City and Big Lick determined that such a project was not feasible in providing the City with sufficient parking to address the needs of the public. As a result, the City and Big Lick are considering a project (i) in which the City will construct and own the Parking Facility, in fee simple; and (ii) Big Lick will construct and own the Hotel Facility Property through the acquisition of condominium units for the hotel lobby facilities, air rights for the hotel rooms, and appropriate nonexclusive easement rights in the Parking Facility Property to accommodate the operation of the Hotel Facility Property. In order to create such a project, the City must acquire the MH Property. MH is willing, subject to the terms and conditions of this Agreement, to sell the MH Property to the City. The City, Big Lick, and MH acknowledge and agree that upon completion of their respective due diligence as set forth in this Agreement, the City or Big Lick may determine that the combined project is not feasible. The Parties further acknowledge and agree that, as set forth in this Agreement, the City reserves the right to purchase the MH Property and construct the Parking Facility on the Property without the development of the Hotel Facility Property by Big Lick. The Parties agree to cooperate with each other in facilitating the terms and conditions of this Agreement and implementing the intent of the parties as set forth in this Agreement. Draft September 10, 2017 ARTICLE II DEFINITIONS All capitalized terms, not otherwise defined in this Agreement shall have the following meanings: 2.1 Air Rights shall mean the air rights to be located above and within the vertically extended boundaries of the Property, with the place which defines the lower limit of the air rights defined by the top of the Parking Facility and the plane which defines the upper limit being not more than 75 feet above the plane which defines the lower limit. 2.2 Air Rights Deed. The special warranty deed from the City to Big Lick conveying the Air Rights. 2.3 Applicable Law shall mean all federal, state, and local laws, rules, regulations, or ordinances that affect or otherwise apply to this transaction contemplated by this Agreement. 2.4 Approvals shall mean all licenses, permits, and other approvals under Applicable Laws required or deemed necessary to develop, construct, operate, and maintain, the Hotel Project and the Parking Facility. 2.5 Business Days shall mean a Day or Days other than a Saturday, Sunday, or a holiday established under the laws of the United States of America or the Commonwealth of Virginia. 2.6 Certificate of Occupancy shall mean the permanent certificate issued by the City Department of Planning, Building and Development which authorizes (i) Big Lick to operate the Hotel Project at the Hotel Facility Property without conditions, contingences, limitations, or restrictions; and (ii) the City to operate the Parking Facility at the Parking Facility Property, or at the Property, without conditions, contingences, limitations, or restrictions. 2.7 City Manager shall mean the person appointed by the Roanoke City Council as the City Manager or the person designated by the City Manager to act on behalf of the City Manager. 2.8 Closing shall mean the date on which the transactions contemplated by this Agreement are consummated. 2.9 Condominium shall mean the two (2) unit condominium to be declared and established by the City in which a portion of the Property is dedicated to a condominium form of ownership creating the Hotel Lobby Units, common elements, and limited common elements. Draft September 10, 2017 2.10 Condominium Documents shall mean all documents required by Applicable Law to establish the Condominium, including, without limitation, the declaration of condominium association documents and plats and plans. 2.11 Consolidated Project shall mean Parking Facility Property and the Hotel Facility and the design and construction of structures on the Property that includes the Parking Facility and the Hotel Project. 2.12 Construction shall mean to begin and continue uninterrupted actual physical development and building of (i) the Consolidated Project, or (ii) if the City makes the election under Article V of this Agreement to acquire the MH Parcel and construct only the Parking Facility at the Property, the Parking Facility, including obtaining all Approvals. 2.13 Construction Completion Date shall mean respectively, the date on which (i) Big Lick has completed the Construction of the Hotel Project and has been issued a certificate of substantial completion by its supervising architect or has received a Certificate of Occupancy, whichever first occurs; or (ii) the City has completed the Construction of the Parking Facility and has been issued a certificate of substantial completion by its supervising architect or has received a Certificate of Occupancy, whichever first occurs. 2.14 Construction Contractor shall mean the general contractor selected by Big Lick in accordance with the terms and conditions of this Agreement to construct the Hotel Project. The Construction Contractor shall be qualified to conduct business in the Commonwealth of Virginia. 2.15 Cure Items shall mean the title objections set forth in the Title Objection Notice from Big Lick or the City which MH is willing to cure. 2.16 Day or Days shall mean a calendar day beginning and ending at the prevailing time in the City. 2.17 Deposit shall mean the amounts paid in accordance with Section 3.3. 2.18 Design Contractor shall mean the entity selected by Big Lick, in accordance with the terms and conditions of this Agreement, to design the Hotel Project, including providing 100% design drawing for use in the construction of the Hotel Project. 2.19 EDA Construction Grant shall mean the grant from the Economic Development Authority of the City of Roanoke, Virginia to Big Lick in the amount of $200,000.00 and in the form of Exhibit C attached hereto and made a part hereof. 2.20 Governmental Entity shall mean any federal, state, or local governmental body, agency, board or commission. Draft September 10, 2017 2.21 Hotel Franchise shall mean the agreement between Big Lick and the holder of the franchise for Courtyard by Marriott, dated December 30, 2015, ( "Current Franchise Agreement ") and as amended, and which agreement establishes the right of Big Lick to operate the Hotel Project. Hotel Franchise shall also mean any renewals or extensions of the term of the Current Franchise Agreement. 2.22 Hotel Facility Property shall mean (i) the Hotel Lobby Units, (ii) the Air Rights; and (iii) such nonexclusive easements in, under, above, or through portions of the Parking Facility Property needed for the construction, operation, and maintenance of the Hotel Project, all such property rights for the ownership, management and operation of the Hotel Project by Big Lick. 2.23 Hotel Facility Property Purchase Price shall mean Seven Hundred Thousand Dollars ($700,000). 2.24 Hotel Lobby Units shall mean the two (2) units to be created by the Condominium within a portion of the ground level of the Parking Facility to be used, owned, and operated as part of the Hotel Project, together with the non - exclusive easement in, under, above and through portions of the Parking Facility Property. The Hotel Lobby Units will be established by the Condominium and acquired by Big Lick in accordance with this Agreement. 2.25 Hotel Lobby Units Deed shall mean the special warranty deed by which the City will convey the Hotel Lobby Units to Big Lick in accordance with this Agreement. 2.26 Hotel Lobby Units Purchase Price shall mean the sum of Ten Dollars ($10.00) to be paid by Big Lick to the City at the Hotel Lobby Units Closing for the Hotel Lobby Units. 2.27 Hotel Project shall mean the development, construction, and operation of a hotel having at least 120 rooms and not more than 150 rooms under the terms of the Hotel Franchise. 2.28 MH Parcel Deed shall mean the general warranty deed, with English Covenants, from MH to the City conveying title of the MH Parcel to the City, provided that in the event MH acquired the MH Parcel by special warranty deed then the deed to the City shall be by special warranty. 2.29 MH Parcel Purchase Price shall mean the sum of Two Million Two Hundred Thousand Dollars ($2,200,000) payable by the City to MH for title to the MH Parcel. 2.30 MH Parcel Studies shall mean all studies, investigations, surveys, and environmental analysis conducted for or on behalf of MH with respect to the conditions of the MH Parcel. Draft September 10, 2017 2.31 MH Parcel Studies Payment shall mean the sum of One Hundred Thousand Dollars ($100,000) payable by the City to MH for the MH Parcel Studies. 2.32 Monthly Parking Passes shall mean revocable passes at the Parking Facility made to 110 Franklin LLC, a Virginia limited liability company for use by tenants of 110 Franklin LLC at its building situated at 110 Franklin Road, S.E., Roanoke, Virginia and depicted as Official Tax Map No. 4015005. 2.33 Monthly Parking Passes Prepayment shall mean the sum of One Hundred Thousand Dollars ($100,000) payable by 110 Franklin, LLC, at Closing to the City as a prepayment for Monthly Parking Passes. 2.34 Non -Cure Items shall mean the title objections identified in the Title Objection Notice from Big Lick or the City that MH is unwilling to cure. 2.35 Parking Agreement shall mean the form of an agreement between the City and Big Lick with respect to the use of the Parking Facility to be constructed by the City on the Parking Facility Property by guests of the Hotel Project. The Parking Agreement shall be substantially in the form of Exhibit D attached hereto and made a part hereof. The initial rates to be charged by the City shall be established prior to the opening of the Hotel Project to the public. 2.36 Parking Facility shall mean a multi -level public parking facility to be constructed on the Parking Facility Property. The Parking Facility shall have at least 475 parking spaces. 2.37 Parking Facility Property shall mean the Property, excluding the Hotel Facility Property to be conveyed to Big Lick. 2.38 Parties shall mean MH, Big Lick, and the City, collectively. 2.39 Party shall mean any of MH, Big Lick, or the City, as the context of the use provides. 2.40 Performance Agreement shall mean the agreement between the City and Big Lick related to the development, construction, operation, and maintenance of the Hotel Facility Property and the Parking Facility within the Property. 2.41 Propert y shall mean the City Parcel and the MH Parcel collectively. 2.42 Seller's Title Response shall mean a response by MH to a Title Objection Notice received from Big Lick or the City. 2.43 Title Company shall mean any nationally recognized title insurance company acceptable to the City with respect to the MH Parcel. 2.44 Title Objection Notice shall mean the notice provided by Big Lick to the City and /or MH objecting to matters of title related to the Property in accordance with Draft September 10, 2017 Section 7. 1.1 or the notice provided by the City to MH objecting to matters of title related to the MH Parcel in accordance with Section 7.2.1. ARTICLE III PURCHASE AND SALE OF MH PARCEL 3.1 Subject to the terms and conditions of this Agreement, MH agrees to sell, and the City agrees to purchase, the MH Parcel. 3.2 Subject to the terms and conditions of this Agreement, the City agrees to sell, and Big Lick agrees to purchase, the Hotel Facility Property. 3.3 In the event the City and Big Lick do not terminate this Agreement on or before expiration of the Inspection Period, Big Lick and the City agree to deliver to MH's attorney (i) a non - refundable deposit of $50,000 on or before the expiration of the Inspection Period; and (ii) an additional non - refundable deposit of $10,000 for each additional thirty day period during the Approval Period thereafter (the $50,000 payment and each $10,000 payment are each individually and all collectively referred to herein as the Deposit). The City and Big Lick shall each be responsible for one -half of the Deposit. The Deposit shall be applied to the MH Purchase Price at Closing. Failure of Big Lick or the City to make any Deposit as required by this Section 3.3 shall be deemed a default under this Agreement. 3.4 In the event Big Lick elects to terminate its right to purchase the Hotel Facility Property on or before expiration of the Inspection Period, and the City elects to proceed with the acquisition of the MH Parcel as provide in Article V of this Agreement, the City agrees to deliver the Deposit. Failure of the City to make any Deposit as required by this Section 3.4 shall be deemed a default under this Agreement. ARTICLE IV DEVELOPMENT, CONSTRUCTION, AND OPERATION OF THE CONSOLIDATED PROJECT 4.1 Development of the Consolidated Project. 4.1.1 Upon the mutual agreement of the City and Big Lick to proceed with the final design and construction of the Consolidated Project, the City and Big Lick shall develop and finalize documents necessary to establish (i) the dimensions of the Air Rights to be conveyed by the City to Big Lick, including without limitation, the lower limit and upper limit of the area of air rights, based on mean sea level; Draft September 10, 2017 (ii) the location, scope, rights and uses of all non - exclusive easements in, on, under or through the Parking Facility Property for the benefit of the Hotel Project; and (iii) the Condominium. All such documents shall be finalized, except for final as -built surveys designating the specific boundaries of each condominium unit and the location of the non - exclusive easements; before commencement of construction of the Consolidated Project. The City shall retain the services of C. Cooper Youell, IV, Whitlow and Youell, to prepare such documents and Big Lick shall reimburse the City for one hundred percent (100 %) of the costs incurred. 4.1.2 The City shall revise the Condominium Documents upon completion of construction and as -built surveys in conformity with the applicable laws, rules, and regulations of the Commonwealth of Virginia relative to the development and operation of condominiums. 4.1.3 Big Lick agrees to enter into an amended agreement for the acquisition of the Hotel Facility Property. The agreement shall provide for sale of the Hotel Facility Property, other than the Hotel Lobby Units, for the Hotel Facility Property Purchase Price, and the agreement to sell the Hotel Lobby Units for the Hotel Lobby Units Purchase Price. This agreement shall be subject to public notice and public hearing before Roanoke City Council and shall be subject to the approval and authorization of Roanoke City Council. 4.2 Construction of Consolidated Project. 4.2.1 The City and Big Lick shall each designate a person to provide oversight of construction activities of the Consolidated Project. The City and Big Lick shall designate the project manager for the construction of the Consolidated Project. The construction shall be managed in accordance with standard construction management practices and in accordance with the specific terms and conditions of the contract for construction of the Consolidated Project. 4.2.2 Prior to the commencement of construction, the City and Big Lick will negotiate and agree on a schedule to coordinate, review and approve of any change orders, revisions, or amendments to the contract for construction of the Consolidated Project. 4.2.3 Big Lick agrees that it shall be solely responsible for completion of the up -fit of the Hotel Lobby Units and the construction of the remainder of the Hotel Facility Property after it acquires such property. Big Lick shall procure such construction services in accordance with the requirements of the Virginia Public Procurement Act. Draft September 10, 2017 4.2.4 Big Lick agrees to be responsible for fifty percent (50 %) of all costs associated with unforeseen and unanticipated costs to address subsurface conditions of the Property that arise during construction of the Consolidated Project. 4.3 Operation of the Consolidated Project. 4.3.1 At Closing, the City and Big Lick shall enter into a Performance Agreement. The Performance Agreement shall provide for the construction, development, operation, and maintenance of the Hotel Project within the Hotel Facility Property. The Performance Agreement will also include the cost sharing agreement on certain shared costs. 4.3.2 The City and Big Lick agree that the Condominium will be operated and managed in accordance with the terms and conditions of the Condominium Documents. ARTICLE V CITY OPTION TO PURCHASE MH PARCEL FOR DEVELOPMENT OF PARKING FACILITY 5.1 In the event that, on or before expiration of the Inspection Period, Big Lick elects to terminate this Agreement, the City may, in its sole discretion, (i) terminate this Agreement, in which event, this Agreement shall terminate, all Deposits shall be returned to the Party that provided such Deposit, and no Party shall have any further rights hereunder; or (ii) elect to proceed with the acquisition of the MH Parcel for the construction and operation of the Parking Facility, in which event, this Agreement will remain in effect between the City and MH. 5.2 The City shall make its election within ten (10) Business Days after Big Lick elects to terminate this Agreement. If the City elects to acquire the MH Parcel, the City shall provide the Deposit required by Section 3.4 of the Agreement and MH shall return to Big Lick the Deposit provided by Big Lick. 5.3 In the event that the City elects to purchase the MH Parcel hereunder, Big Lick shall have no further rights or obligations under this Agreement except for its obligations to indemnify the City or MH under this Agreement. Draft September 10, 2017 ARTICLE VI PAYMENT OF THE MH PURCHASE PRICE AND MH PARCEL STUDIES PAYMENT 6.1 Payment of MH Parcel Purchase Price based on Election to Proceed with Consolidated Protect. 6. 1.1 In the event that the City and Big Lick elect to proceed with the Consolidated Project as provided in Article IV of this Agreement, the City shall pay to MH, at Closing, the MH Parcel Purchase Price, less the Deposit, as follows: 6.1.1.1 The sum of One Million Five Hundred Thousand Dollars ($1,500,000) from the proceeds of bonds to be issued by the City for the development and construction of the Parking Facility, in immediately available funds of the United States of America; and 6.1.1.2 The assignment of the portion of the Hotel Facility Property Purchase Price paid by Big Lick in the amount of Seven Hundred Thousand Dollars ($700,000), it being understood that the Deposit paid by Big Lick and the City in accordance with Section 3.3 of this Agreement shall be applied to the MH Purchase Price. 6.1.2 In such event, Big Lick shall pay to the City, at Closing, the Hotel Facility Property Purchase Price, less any deposit paid by Big Lick. 6.2 Payment of MH Purchase Price based on City election under Section 5.160. 6.2.1 In the event that the City elects to purchase the MH Parcel pursuant to Section 5.1(ii) of this Agreement, the City shall pay the MH Parcel Purchase Price from the proceeds of bonds to be issued by the City for the development and construction of the Parking Facility on the Property, in immediately available funds of the United States of America, it being understood that the Deposit paid by the City pursuant to Section 3.4 of this Agreement shall be applied to the MH Purchase Price. 6.3 Payment of the MH Parcel Studies Pavment. 6.3.1 The City shall pay to MH, at the Closing the MH Parcel Studies Payment. ARTICLE VII RIGHT OF ENTRY AND INSPECTION PERIOD 7.1 Big Lick Right of Inspection. 7. 1.1 Big Lick shall have two hundred forty (240) Days following the Effective Date to complete Big Lick's due diligence review of the Property (the "Inspection Period "). Should Big Lick determine during such Inspection Period that it is not Draft September 10, 2017 satisfied with the Property or any characteristics thereof for any reason whatsoever, in Big Lick's sole and absolute discretion, Big Lick may terminate this Agreement by notifying the City and MH in writing no later than the end of such Inspection Period of Big Lick's decision to terminate this Agreement. In such case, this Agreement except as provided in Article V of this Agreement, shall thereupon be terminated and of no further force and effect, and any Deposit paid by Big Lick or the City shall be returned to Big Lick or the City, as applicable, unless the City, MH, and Big Lick mutually agree to modify this Agreement to address any such issue(s) related to title of the Property. Big Lick shall provide the City and MH with its Title Objection Notice setting forth its objections to the title of the Property including without limitation, any easements, encumbrances, or restrictions of record (including all matters shown on the plat that depicts the Property) prior to the end of the Inspection Period. Within fifteen (15) Days after the City's and/or MH's receipt of the Title Objection Notice from Big Lick, the City and MH, as applicable, shall provide Big Lick with a Seller's Title Response identifying the Cure Items and Non -Cure Items. In the event that the City's or MH's Seller's Title Response identifies Non -Cure Items or in the event the City and /or MH fails to respond within the fifteen (15) Day period, then Big Lick may elect to terminate this Agreement by delivering written notice of termination to the City and MH within fifteen (15) Days after the Seller's Title Response is received from, or should have been received from, the City or MH, as applicable, whereupon this Agreement, except as provided in Article V of this Agreement, shall terminate and the parties released of all further obligation each to the other under this Agreement other than with respect to obligations which expressly survive termination hereunder. If Big Lick does not terminate this Agreement in accordance with the preceding sentence, all Non -Cure Items in any Title Objection Notice shall be deemed accepted by Big Lick. In the event the City or MH, as applicable, is unable to cure any Cure Items prior to Closing, Big Lick may either (i) terminate this Agreement and the Parties shall be released of all further obligations each to the other under this Agreement other than with respect to obligations which expressly survive termination hereunder, (ii) agree that such Cure Items are deemed satisfied and proceed to Closing, or (iii) the City may exercise its right under Article V and acquire the MH Parcel. 7.1.2 In connection with Big Lick's due diligence review referenced above, the City and MH hereby grant to Big Lick, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives, and consultants, a revocable right to enter on the City Parcel and the MH Parcel, respectively, at any time during the Inspection Period, on not less than two (2) working days prior written notice to the City and MH, in order to survey, make test borings, and carry out such other examinations, exploratory work, or settings as may be necessary to complete Phase I and Phase II environmental assessments, or geotechnical assessments, or nondestructive engineering evaluations of the Property, to Draft September 10, 2017 otherwise perform Big Lick's due diligence with respect to the Property, and to store Big Lick's property and equipment, on the following terms and conditions: 7.1.2.1 If Big Lick exceeds its rights granted under Section 7.1 or fails to obtain and maintain the insurance required by Section 7. 1, the City or MH may immediately revoke this right of entry. 7.1.2.2 Big Lick agrees to be responsible for any and all damages resulting from the activity or activities of Big Lick, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, on the Property in the exercise of the rights granted under this Section 7.1. Big Lick shall, at its sole cost, promptly and fully restore any land disturbed by the exercise of the rights under this Section 7.1 to a condition equal to that existing immediately prior to entry on the City Parcel or the MH Parcel if Big Lick does not purchase the Hotel Facility Property. 7.1.2.3 Big Lick shall indemnify and defend the City and MH from any loss, damage, or claim arising out of Big Lick's access to the Property pursuant to this Section 7.1 for the purpose of making tests, inspections, studies, and other investigations. Big Lick's indemnity obligations hereunder are conditioned on the City or MH, respectively (i) promptly notifying Big Lick in writing of any claim; (ii) cooperating with Big Lick in the defense of the claim; and (iii) granting Big Lick sole control of defense or settlement of the claim at the sole cost and expense of Big Lick. Under no circumstance shall Big Lick be obligated to indemnify or defend (x) the City for or from the City's own negligence or willful misconduct (which includes, without limitation, any breach by the City of this Agreement), or unlawful act or omission, or any claim resulting from any of the foregoing; or (y) MH for or from MH's own negligence or willful misconduct (which includes, without limitation, any breach by MH of this Agreement), or unlawful act or omission, or any claim resulting from any of the foregoing; 7.1.2.4 Big Lick shall, at its sole expense, obtain and maintain, or have its contractors or representatives obtain and maintain, the insurance set forth below. Any required insurance shall be effective prior to the beginning of any work or other performance by Big Lick under this Section 7.1. The following policies and coverages are required: (i) Commercial General Liability. Commercial General Liability insurance, written on an occurrence basis, shall insure against all claims, loss, cost, damage, expense or Draft September 10, 2017 liability from loss of life or damage or injury to persons or property arising out of Big Lick's acts or omissions. The minimum limits of liability for this coverage shall be $1,000,000 per occurrence and $2,000,000 general aggregate. (ii) Contractual Liability. Broad form Contractual Liability insurance shall include the indemnification obligation set forth above. (iii) Workers' Compensation. Workers' Compensation insurance covering Big Lick's statutory obligation under the laws of the Commonwealth of Virginia and Employer's Liability insurance shall be maintained for all its employees engaged in work under this Section 7.1. Minimum limits of liability for Employer's Liability shall be $100,000 bodily injury by accident each occurrence; $500,000 bodily injury by disease (policy limit); and $100,000 bodily injury by disease (each employee). With respect to the Workers' Compensation coverage, Big Lick agrees to use reasonable efforts to obtain a waiver by the insurance company of rights of subrogation against the City and MH if the policy does not expressly permit a waiver of subrogation. (iv) Automobile Liability. The minimum limit of liability for Automobile Liability Insurance shall be $1,000,000 combined single limit applicable to owned or non -owned vehicles used in the performance of any work under this Section 7. land shall be written on an occurrence basis. 7.1.3 The insurance coverages and amounts set forth above may be met by an umbrella liability policy following the form of the underlying primary coverage in a minimum amount of $1,000,000. Should an umbrella liability insurance coverage policy be used, such coverage shall be accompanied by a certificate of endorsement stating that it applies to the specific policy numbers indicated for the insurance providing the coverages required by this Section 7. 1, and it is further agreed that such statement shall be made a part of the certificates of insurance furnished by Big Lick to the City and MH. 7.1.4 All insurance shall also meet the following requirements: Big Lick shall furnish to the City and MH appropriate documentation showing the type, amount, effective dates, and date of expiration of policies; that the City, and MH, and their officers, employees, agents, volunteers, and representatives are named as additional insureds; where waiver of subrogation is specified with respect to any policy or insurance required, any such waiver that Big Lick is able to obtain shall be specified; insurance coverage shall be in a form and with an insurance company Draft September 10, 2017 approved by the City and MH, which approval shall not be unreasonably withheld; and any insurance company providing coverage shall be authorized to do business in the Commonwealth of Virginia. Big Lick shall provide the City's Risk Manager and MH with not less than thirty (30) Days advance notice of cancellation or material alteration of any of the above - required insurance coverage. 7.1.5 Big Lick, in performing its inspections on the Property pursuant to this Section 7. 1, shall at all times comply with all Applicable Law. 7.1.6 On the request of the City or MH, Big Lick shall, within a reasonable period of time after receipt of any preliminary or final survey, test results or conclusory reports and opinion statements, deliver copies of same to the City and MH. If the City or MH so requests, Big Lick shall also turn over copies of raw data obtained and any laboratory and observation reports or analyses. Such copies of all the above shall be provided to the City and MH without charge. All such deliverables shall be without any warranties whatsoever, and neither Big Lick nor the provider of any report or opinion shall be deemed to make or have made any representations or warranties to the City and MH regarding such report or opinion, or any information contained therein, and the City and MH may not rely on any such report or opinion, or any information contained therein. 7.2 City's Right of Inspection. 7.2.1 The City shall have until the expiration of the Inspection Period to complete the City's due diligence review of the MH Parcel. Should the City determine during such Inspection Period that it is not satisfied with the MH Parcel or any characteristics thereof for any reason whatsoever, in the City's sole and absolute discretion, the City may terminate this Agreement by notifying Big Lick and MH in writing prior to the expiration of the Inspection Period, of the City's decision to terminate this Agreement. In such case, this Agreement shall thereupon be terminated and of no further force and effect, and any Deposit paid by Big Lick or the City shall be returned to Big Lick or the City, as applicable, unless the City, MH, and Big Lick mutually agree to modify this Agreement to address any such issue(s) related to title of the MH Parcel. The City shall provide MH with its Title Objection Notice setting forth its objections to the title of the MH Parcel including without limitation, any easements, encumbrances, or restrictions of record (including all matters shown on the plat that depicts the Property) prior to the expiration of the Inspection Period. Within fifteen (15) Days after MH's receipt of the Title Objection Notice from the City, MH shall provide the City with a Seller's Title Response identifying the Cure Items and Non -Cure Items. In the event that MH's Seller's Title Response identifies Non -Cure Items or in event MH fails to respond within the fifteen (15) Day period, then the City may elect to terminate this Agreement by delivering written notice of termination to the Big Draft September 10, 2017 Lick and MH within fifteen (15) Days after the Seller's Title Response is received from, or should have been received from, MH, whereupon this Agreement shall terminate and the parties released of all further obligation each to the other under this Agreement other than with respect to obligations which expressly survive termination hereunder. If the City does not terminate this Agreement in accordance with the preceding sentence, all Non -Cure Items in any Title Objection Notice shall be deemed accepted by the City. In the event MH, is unable to cure any Cure Items prior to Closing, the City may either (i) terminate this Agreement and the Parties shall be released of all further obligations each to the other under this Agreement other than with respect to obligations which expressly survive termination hereunder or (ii) agree that such Cure Items are deemed satisfied and proceed to Closing. 7.2.2 In connection with the City's due diligence review referenced above, MH hereby grants to the City, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives, and consultants, a revocable right to enter on the MH Parcel at any time during the Inspection Period, on not less than two (2) working days prior written notice to MH, in order to survey, make test borings, and carry out such other examinations, exploratory work, or settings as may be necessary to complete Phase I and Phase II environmental assessments, or geotechnical assessments, or nondestructive engineering evaluations of the MH Parcel, to otherwise perform the City's due diligence with respect to the MH Parcel, and to store the City's property and equipment, on the following terms and conditions: 7.2.2.1 If the City exceeds its rights granted under Section 7.2, or fails to require the City's contractors to maintain and provide the insurance coverages provided herein, MH may immediately revoke this right of entry. 7.2.2.2 The City, to the extent permitted by Applicable Law, agrees to be responsible for any and all damages resulting from the activity or activities of the City, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, on the MH Parcel in the exercise of the rights granted under this Section 7.2. The City shall, at its sole cost, promptly and fully restore any land disturbed by the exercise of the rights under this Section 7.2 to a condition equal to that existing immediately prior to entry on the MH Parcel if the City does not purchase the MH Parcel. 7.2.2.3 The City shall require its contractors to indemnify and defend MH from any loss, damage, or claim arising out of the City's access to the MH Parcel pursuant to this Section 7.2 for the purpose of Draft September 10, 2017 making tests, inspections, studies, and other investigations. The indemnity obligations of the City's contractors hereunder are conditioned on (i) MH promptly notifying the City and its contractors in writing of any claim; (ii) cooperating with the City's contractors in the defense of the claim; and (iii) granting the City's contractors sole control of defense or settlement of the claim at the sole cost and expense of City's contractors. Under no circumstance shall the City's contractors be obligated to indemnify or defend MH for or from MH's own negligence or willful misconduct (which includes, without limitation, any breach by MH of this Agreement), or unlawful act or omission, or any claim resulting from any of the foregoing; 7.2.2.4 The City maintains self - insurance for its obligations hereunder and excess coverage of $10,000,000, which coverages are acceptable to MH. In addition, the City shall require each of its contractors who enter the MH Parcel under this Section 7.2, at the sole expense of such contractor, to obtain and maintain, or have its subcontractors or representatives obtain and maintain, the insurance set forth below. Any required insurance shall be effective prior to the beginning of any work or other performance by the City under this Section 7.2. The following policies and coverages are required: (i) Commercial General Liability. Commercial General Liability insurance, written on an occurrence basis, shall insure against all claims, loss, cost, damage, expense or liability from loss of life or damage or injury to persons or property arising out of such contractor's acts or omissions. The minimum limits of liability for this coverage shall be $1,000,000 per occurrence and $2,000,000 general aggregate. (ii) Contractual Liability. Broad form Contractual Liability insurance shall include the indemnification obligation set forth above. (iii) Workers' Compensation. Workers' Compensation insurance covering such contractor's statutory obligation under the laws of the Commonwealth of Virginia and Employer's Liability insurance shall be maintained for all its employees engaged in work under this Section 7.2. Minimum limits of liability for Employer's Liability shall be $100,000 bodily injury by accident each occurrence; $500,000 bodily injury by disease (policy limit); and $100,000 bodily injury by disease (each employee). With respect to the Workers' Compensation coverage, the City agrees to require its Draft September 10, 2017 contractors to use reasonable efforts to obtain a waiver by the insurance company of rights of subrogation against MH if the policy does not expressly permit a waiver of subrogation. (iv) Automobile Liability. The minimum limit of liability for Automobile Liability Insurance shall be $1,000,000 combined single limit applicable to owned or non -owned vehicles used in the performance of any work under this Section 7.2, and shall be written on an occurrence basis. 7.2.3 The insurance coverages and amounts set forth above may be met by an umbrella liability policy following the form of the underlying primary coverage in a minimum amount of $1,000,000. Should an umbrella liability insurance coverage policy be used, such coverage shall be accompanied by a certificate of endorsement stating that it applies to the specific policy numbers indicated for the insurance providing the coverages required by this Section 7.2, and it is further agreed that such statement shall be made a part of the certificates of insurance furnished to MH. 7.2.4 All insurance shall also meet the following requirements: the City or its contractors shall furnish to MH appropriate documentation showing the type, amount, effective dates, and date of expiration of policies; that MH, and its officers, employees, agents, volunteers, and representatives are named as additional insureds; where waiver of subrogation is specified with respect to any policy or insurance required, any such waiver that the City's contractor is able to obtain shall be specified; insurance coverage shall be in a form and with an insurance company approved by MH, which approval shall not be unreasonably withheld; and any insurance company providing coverage shall be authorized to do business in the Commonwealth of Virginia. The City's contractor shall provide MH with not less than thirty (30) Days advance notice of cancellation or material alteration of any of the above - required insurance coverage. 7.2.5 The City, in performing its inspections on the MH Parcel pursuant to this Section 7.2, shall at all times comply with all Applicable Law. 7.2.6 On the request of MH, the City shall, within a reasonable period of time after receipt of any preliminary or final survey, test result conclusory reports and opinion statements, deliver copies of same to MH. If MH so requests the City shall also turn over copies of raw data obtained and any laboratory and observation reports or analyses. Such copies of all the above shall be provided to MH without charge. All such deliverables shall be without any warranties whatsoever, and neither the City nor the provider of any report or opinion shall be deemed to make or have made any representations or warranties to MH regarding Draft September 10, 2017 such report or opinion, or any information contained therein, and MH may not rely on any such report or opinion, or any information contained therein. 7.3 Subsurface Conditions of the Propert y. Upon completion of their respective inspections during the Inspection Period, the City and Big Lick shall determine whether, as a result of these inspections extraordinary subsurface conditions exist at the Property that require additional costs to prepare the Property for the construction of the Consolidated Project. Big Lick shall either agree to assume and be responsible for fifty percent (50 %) of such costs or this Agreement shall terminate and shall be of no further force or effect. ARTICLE VIII CONTRACTS FOR DESIGN AND CONSTRUCTION 8.1 Purpose and Intent. The Parties acknowledge and agree that, in compliance with the procurement requirements established under Applicable Law that a public notice of sole source award will made by the City on the City's Purchasing Division website for the design contract and the construction contract. Each notice will identify the respective contractor under the design contract and the construction contract. The Parties acknowledge that each notice will trigger for the 10 Day award protest period. The Parties agree to comply with all provisions of Applicable Law regarding the award of sole source contracts hereunder. 8.2 Design Contract. Big Lick has retained Baskervill Architecture, Inc. as Design Contractor for the Hotel Project. Due to the consolidation of the Hotel Project with the Parking Facility on the Property as proposed in this Agreement, the need for consistent and collaborative design of each project, and the ability to control costs, Big Lick requires, as a condition of this Agreement, that the City retain the Design Contractor to provide all design work for the Parking Facility on terms and conditions acceptable to the City in the City's reasonable judgment. These services to be provided to the City by the Design Contractor, at a reasonable price determined by the City, shall be provided in accordance with the City's standard terms and conditions for design of similar projects. A copy of such design standards, terms and conditions are attached hereto and made a part hereof as Exhibit E. Big Lick shall request that the Design Contractor include in its proposal the terms and conditions listed in Exhibit E. Draft September 10, 2017 8.3 Construction Contract. 8.3.1 Big Lick shall solicit proposals for the construction of the Hotel Project within the Hotel Facility Property in accordance with the provisions of this Agreement and recommends to the City that the City use the services of the general contractor (the "Construction Contractor ") selected by Big Lick to construct the Consolidated Project. Big Lick bases its recommendation upon the proximity of the Hotel Project and the Parking Facility; the need for a coordinated construction schedule to ensure timely completion of the construction of the Parking Facility, responsive to the City's requirements, terms, and conditions at the lowest responsible cost; and the importance of compatibility of the projects throughout the construction process. In order to achieve these objectives, Big Lick shall solicit quotes from at least three (3) general contractors with experience in the construction of hotels and parking facility structures. Each of the bidders shall provide separate quotes for construction of the Hotel Project and the Parking Facility. In making quotes for construction of the Parking Facility, Big Lick shall provide each bidder with copies of the City's Standard Terms and Conditions for construction projects; a copy of which Standard Terms and Conditions is attached hereto and made a part hereof as Exhibit F. Big Lick shall request that the proponents include in their bids the terms and conditions listed in Exhibit F. 8.3.2 Before Big Lick awards a construction contract for the Hotel Project, Big Lick shall review the proposals and quotes for the Hotel Project and the Parking Facility with the City. As part of this review process, Big Lick and the City shall conduct appropriate due diligence on the qualifications, experience, and performance history of each proponent. Under no circumstances shall a contract be awarded to a proponent that has been debarred from work for any locality within the Commonwealth of Virginia, or an agency of the Unites States of America. In performing its due diligence hereunder, Big Lick shall provide to the City complete copies of proposals submitted to Big Lick. 8.3.3 In requesting proposals from prospective general contractors, Big Lick shall require each proponent to acknowledge in writing that the contractor agrees to enter into a construction contract with the City for construction of the Parking Facility using the City's standard form of construction contract and Standard Terms and Conditions. The City and Big Lick shall each be responsible for its site work costs as set forth in this Agreement. 8.3.4 The Parties' obligations under this Agreement are subject to Big Lick and the City each entering into construction contracts with the Construction Contractor selected by Big Lick in accordance with this Section 8.3 before expiration of the Approval Period. Draft September 10, 2017 8.4 Big Lick and the City agree that the costs of the design and construction of the Consolidated Project shall be allocated and paid for by Big Lick and the City as set forth herein 8.4.1 Design Work 8.4.1.1 The City shall be solely responsible for all design costs of the Design Contractor for the Parking Facility, together with the shell of the Hotel Lobby Units, at the Property. 8.4.1.2 Big Lick shall be solely responsible for all design costs of the Hotel Facility Property, except for the shell of the Hotel Lobby Units. 8.4.2 Site Work Big Lick and the City shall each be responsible for fifty percent (50 %) of the site preparation work at the Property that is attributable to costs resulting from the extraordinary and unanticipated subsurface conditions at the Property. 8.4.3 Construction Work 8.4.3.1 City Construction Work The City shall be solely responsible for all costs of constructing the Parking Facility, together with the shell of the Hotel Lobby Units, at the Property, subject to the costs set forth in Section 8.4.2 hereof. 8.4.3.2 Big Lick shall be responsible for costs of construction of the Hotel Project, including the transfer slab to be constructed within the air rights constituting a portion of the Hotel Facility Property, all easements within the Parking Facility Property, and the interior of the Hotel Lobby Units. ARTICLE IX APPROVAL 9.1 City Approvals and Financing. 9.1.1 The City shall have one hundred fifty (150) Days following the expiration of the Inspection Period ( "Approval Period ") to obtain all approvals for the development and construction of the Parking Facility. The City may extend the Approval Period for an additional ninety (90) Days, provided the City is diligently pursuing such approvals, including presenting applications and making Draft September 10, 2017 efforts, in good faith, to obtain all approvals deemed necessary or appropriate for the development and construction of the Parking Facility. 9.1.2 During the Approval Period, the City shall pursue financing for the acquisition of the MH Parcel and the construction of the Parking Facility through the issuance of 20 -year taxable private activity bonds to be issued by the City. 9.2 Big Lick Approvals. Big Lick shall have the Approval Period to obtain all Approvals for the development and construction of the Hotel Project. Big Lick may extend the Approval Period for an additional ninety (90) Days, provided Big Lick is diligently pursuing such approvals, including presenting applications and making efforts, in good faith, to obtain all Approvals deemed necessary or appropriate for the development and construction of the Hotel Project. ARTICLE X TITLE 10.1 Title to MH Parcel. The City's obligation to purchase the MH Parcel is conditioned on the MH Parcel being conveyed by MH to the City by the MH Parcel Deed, free and clear of all restrictions, encumbrances, and liens except for such restrictions, encumbrances, and liens that constitute Permitted Encumbrances. Permitted Encumbrances with respect to the MH Parcel means and included the following: 10.1.1 Ad valorum real property taxes (including the downtown district special assessments), stormwater utility fees, and solid waste collection fees for the current year, not yet due and payable. 10.1.2 The conditions set forth on the plats prepared by the City. 10.1.3 Easements, restrictions, and encumbrances designated by the City in writing as being acceptable to the City following the City's review of the preliminary title report for the MH Parcel and such other diligence as the City elects to perform. 10.1.4 Non -Cure Items accepted by the City. The City acknowledges and agrees that MH has no obligation to remove, amend or alter any easement, restriction, or encumbrance of record, other than to pay in full the amount secured by a lien, deed of trust or other encumbrance in which event MH may use the proceeds from the MH Parcel Purchase Price to satisfy such lien, deed of trust, or other encumbrance. For liens, encumbrances, and restrictions that cannot be removed through payment of the amount so secured by such lien, the City's sole remedy is to accept title subject to such easement, restriction, or encumbrance as a Permitted Encumbrance or terminate this Agreement. In the event that the City elects to terminate this Agreement Draft September 10, 2017 due to liens, encumbrances, and restrictions not identified pursuant to the title work performed in connection with Section 7, the City shall provide MH and Big Lick with written notice of such termination, in which event any Deposit shall be returned to the City or Big Lick, as applicable, and no Party shall have any further rights or obligations under this Agreement. 10.2 Title to Hotel Facility Property Big Lick's obligations under this Agreement are conditioned on the Hotel Facility Property being conveyed by the City to Big Lick by the Air Rights Deed and the Hotel Lobby Units Deed, free and clear of all restrictions, encumbrances, and liens, suffered or created by the City, except for such restrictions, encumbrances, and liens that constitute Permitted Encumbrances. Permitted Encumbrances with respect to the Hotel Facility Property means and includes only the following: 10.2.1 Ad valorum real property taxes (including downtown district special assessment) stormwater utility fees, and solid waste collection fees for the current year, not yet due and payable. 10.2.2 Easements, restrictions, and encumbrances designated by Big Lick in writing as being acceptable to Big Lick following Big Lick's review of the preliminary title report for the Property and such other diligence as Big Lick elects to perform. 10.2.3 The Condominium Documents with respect to the Hotel Lobby Units. Big Lick acknowledges and agrees that the City has no obligation to remove, amend, or alter any easement, restriction, or encumbrance of record. Big Lick's sole remedy is to accept title subject to such easements, restrictions, or encumbrances as a Permitted Encumbrance or terminate this Agreement. In the event Big Lick elects to terminate this Agreement due to liens, encumbrances, and restrictions not identified pursuant to the title work performed in connection with Section 7, Big Lick shall provide the City and MH with written notice of such termination, in which event any Deposit paid by Big Lick or the City, as applicable, shall be returned to Big Lick or the City, as applicable, and no Party shall have any further rights or obligations under this Agreement, except as provided in Article V. Big Lick acknowledges and agrees that the Hotel Lobby Units Deed cannot be delivered to Big Lick by the City until the Condominium and the non - exclusive easements have been established. ARTICLE XI INCENTIVES The City will cooperate with Big Lick to have the following Incentives be made available to Big Lick: Draft September 10, 2017 11.1 The creation of a tourism zone by the Virginia Tourism Authority of the Commonwealth of Virginia that includes the Property and the commitment by the City and the Commonwealth of Virginia to provide Big Lick with grants equal to 1% of the state sales tax generated by the Hotel Project, and 1% of the City sales tax generated by the Hotel Project for a period of time following commencement of the operations of the Hotel Project. Big Lick shall take all steps necessary to apply for and qualify for such incentives. 11.2 The award of the EDA Construction Grant in approximately the amount of $200,000 in the form of an agreement with terms and conditions mutually satisfactory to Big Lick and the EDA. 11.3 Big Lick may terminate this Agreement prior to expiration of the Inspection Period if such Incentives are not available in amounts satisfactory to Big Lick. ARTICLE XII CONDITIONS TO CLOSING 12.1 The obligations of the Parties to close the transactions contemplated by this Agreement are subjected to the following conditions precedent: 12. 1.1 City Conditions. 12.1.1.1 Title. Title to the Property is free and clear of all conditions, restrictions, liens, and encumbrances, except for Permitted Encumbrances. 12.1.1.2 Financing. The City shall receive bond proceeds sufficient to pay the portion of the MH Parcel Purchase Price identified in Section 6.1.1.1 or 6.2.1, as applicable of this Agreement. 12.1.1.3 Design and Construction of Parkin Facility. acility. (i) The City has entered into a contract with the Design Contractor and received 100% design plans for the construction of the Parking Facility and such plans and specifications are acceptable to the City in its sole discretion. (ii) The City has entered into a contract with the Construction Contractor on terms and conditions acceptable to the City, for the construction of the Parking Facility. 12.1.1.4 Intentionally Deleted. 12.1.1.5 Memorandum of Understanding with 110 Franklin LLC. The City and 110 Franklin LLC have executed a memorandum of Draft September 10, 2017 understanding with regard to Monthly Parking Passes to be available for use at the Parking Facility, on terms and conditions acceptable to the City and 110 Franklin LLC, including the agreement of 110 Franklin LLC to pay the Monthly Parking Passes Prepayment to the City at Closing. 12.1.1.6 Title Insurance. The City receives a commitment from the Title Company to issue, upon payment of its normal premium, to the City it's A.L.T.A (Form B) Owner's Policy of Title Insurance insuring the City in the amount of the MH Parcel Purchase Price in respect to the MH Parcel and title to the MH Parcel is vested in the City subject only to the Permitted Encumbrances related to the MH Parcel. 12.1.1.7 Approvals. The City has received all Approvals for the development and construction of the Parking Facility. 12.1.1.8 No Defaults. MH and Big Lick are not in default under the terms of this Agreement and all warranties and representations of MH and Big Lick contained in this Agreement remain true and correct as of the Closing. 12.1.1.9 Commitment to Close. Big Lick provides written notification to the City that Big Lick is prepared to close on the acquisition of the Hotel Facility Property and execute all documents necessary for such transaction including the Performance Agreement. 12.1.2 Big Lick Conditions. 12.1.2.1 Title. Title to the Hotel Facility Property is free and clear of all conditions, restrictions, liens, and encumbrances, except for Permitted Encumbrances. 12.1.2.2 Incentives. Big Lick has received written confirmation that the incentives set forth in Article XI of this Agreement will be available for the Hotel Project. 12.1.2.3 Design and Construction of the Hotel Project. (i) Big Lick has entered into a contract with the Design Contractor and has received 100% design plans for the construction of the Hotel Project, and such plans and specifications are acceptable to Big Lick in its sole discretion. (ii) Big Lick has entered into a contract with the Construction Contractor, on terms and conditions acceptable to Big Lick for the construction of the Hotel Project. Draft September 10, 2017 12.1.2.4 Intentionally Deleted. 12.1.2.5 Approvals. Big Lick has received all Approvals for the development and construction of the Hotel Project. 12.1.2.6 No Defaults. MH and the City are not in default under the terms of this Agreement and all representations and warrantees of MH and the City contained in this Agreement remain true and correct as of the Closing. 12.1.2.7 Parking Agreement. The City and Big Lick have entered into a Parking Agreement outlining the working relationship between the Hotel Project and Parking Facility and the leasing of spaces within the Parking Facility to the Hotel Project. 12.1.3 MH Conditions. 12.1.3.1 No Default. The City and Big Lick shall not be in default of their obligations under this Agreement and their respective warrants and representations remain true and correct as of the Closing. 12.2 Benefits. 12.2.1 The conditions set forth in Section 12.1.1 of this Agreement are for the benefit of the City and the City may elect, in the City's sole discretion, to proceed to Closing despite having knowledge that one or more of the conditions set forth in Section 12. 1.1 of this Agreement have not been satisfied. 12.2.2 The conditions set forth in Section 12.1.2 of this Agreement are for the benefit of Big Lick and Big Lick may elect, in Big Lick's sole discretion, to proceed to Closing despite having knowledge that one or more of the conditions set forth in Section 12.1.2 of this Agreement have not been satisfied. 12.2.3 The conditions set forth in Section 12.1.3 of this Agreement are for the benefit of MH and MH may elect, in MH's sole discretion, to proceed to Closing despite having knowledge that one or more of the conditions set forth in Section 12.1.3 of this Agreement have not been satisfied. 12.3 Following Closing, all of the conditions set forth in Section 12 of this Agreement shall be deemed satisfied or waived. Draft September 10, 2017 ARTICLE XIII CLOSING DATE 13.1 The Closing of the transactions contemplated by this Agreement other than the transfer of the Hotel Lobby Units and the assignment of the Condominium Documents to Big Lick, shall occur within thirty (30) Days after the expiration of the Approval Period, as the same may be extended, provided that MH agrees to cooperate with the City and Big Lick if they desire to close sooner. 13.2 The City and Big Lick shall provide MH and each other notice of the Closing Date at least ten (10) Days prior to such Closing Date. The Closing shall occur at a mutually acceptable time on the Closing Date at the Offices of the City Attorney, or at such other location and time as acceptable to the Parties. 13.3 The City and Big Lick agree that the Hotel Lobby Units Closing shall occur within sixty (60) Days after the Condominium and the non - exclusive easements have been established. ARTICLE XIV CLOSING DELIVERABLE AND MECHANICS 14.1 Closing on MH Parcel. 14. 1.1 MH's Obligations at Closing. On the Closing Date, MH shall sell and convey the MH Parcel to the City by delivering or causing to be delivered to the City the following: 14.1.1.1 The duly executed and acknowledged MH Parcel Deed in accordance with the terms of this Agreement. 14.1.1.2. A mechanic's lien affidavit executed by a duly authorized representative of MH, satisfactory to the Title Company, and to the effect that no work has been performed on the MH Parcel by MH in the one hundred twenty -five (125) Days immediately preceding the Closing Date that could result in a mechanic's lien claim, or, if such work has been performed, it has been paid in full. 14.1.1.3 An affidavit executed by a representative of MH, satisfactory to the Title Company, and to the effect that the MH Parcel is free of all tenants, licensees, users, and permittees, and no person in possession of, or has any right to possess the MH Parcel. Said affidavit shall affirmatively provide that all agreements under Draft September 10, 2017 which any person has a right or license to park vehicles on any portion of the MH Parcel have been terminate and such agreements, if any, are of no further force or effect. 14.1.1.4 Copies certified by a representative of MH, of the organizational documents of MH, including its certificate of organization, its operating agreement, and certificate of incumbency identifying the persons authorized on behalf of MH. 14.1.1.5 Certified copy of the resolution adopted by the managers and /or members, as required by the MH operating agreement, authorizing all transactions of MH contemplated in this Agreement. 14.1.1.6 A written certification that MH's representations and warranties set forth in Section 18.1 of this Agreement remain true and correct as of the Closing Date. 14.1.1.7 A duly execute counterpart of a closing statement; and 14.1.1.8 Any other documents or other items required to be delivered by MH under this Agreement or other items or documents reasonably required by the Title Company and that do not include the payment of money or assumption of any liability or obligation. 14.1.2 The City's Obligations at Closing. At the Closing, the City shall purchase the MH Parcel from MH for the MH Parcel Purchase Price and paying the MH Parcel Studies Payment as required pursuant to the terms of this Agreement. 14.1.3 Proration of Expenses. At the Closing, real property taxes (including any special assessments), stormwater utility fees, and solid waste collection fees shall be prorated with MH responsible for all periods prior to Closing and the City being responsible for all periods thereafter. The settlement of any such amounts shall occur at the Closing as soon as reasonably possible thereafter. 14.1.4 Title Policy. The City shall cause the Title Company to issue and deliver the Tile Policy to the City after the Closing Date. 14.1.5 City's Expenses. The City shall pay for (i) the costs of all investigations of the MH Parcel conducted by the City; (ii) all attorneys' fees and expenses incurred by legal counsel to the City; (iii) any Grantee's tax and the recording cost required to be paid in connection with recording the MH Parcel Deed; (iv) its prorata share of the expenses identified in Section 14.3 of this Agreement; and (v) the premium for the Title Insurance. 14.1.6 MH's Expenses. MH shall pay (i) the Grantor's tax; and (ii) all attorney's fees and expenses incurred by legal counsel for MH. Draft September 10, 2017 14.1.7 Possession. MH shall deliver possession of the MH Parcel, free and clear of tenants and parties in possession. 14.2 Closing on the Hotel Facility Property, other than the Hotel Lobby Units. 14.2.1 City's Obligations at Closing. On the Closing Date, the City shall sell and convey the Hotel Facility Property, other than the Hotel Lobby Units, to Big Lick by delivering or causing to be delivered to Big Lick the following: 14.2.1.1 The duly executed and acknowledged Air Rights Deed conveying the Air Rights to Big Lick in accordance with the provisions of this Agreement, provided that the parties agree that in the event the elevation of the Air Rights has to be adjusted during the construction of the Parking Facility the City and Big Lick shall executed a Deed of Correction. This provision shall survive recordation of the Air Rights Deed. 14.2.1.2 A mechanic's lien affidavit executed by a representative of the City, satisfactory to the Title Company, and to the effect that no work has been performed on the City Parcel by the City in the one hundred twenty -five (125) Days immediately preceding the Closing Date that could result in a mechanic's lien claim, or, if such work has been performed, it has been paid in full. 14.2.1.3 An affidavit executed by a representative of the City, satisfactory to the Title Company, and to the effect that the City Parcel is free of all tenants, licensees, users, and permittees and no person is in possession of or has any right to possess, the City Parcel (other than the City), said affidavit shall affirmatively provide that all agreements under which any person has a right or license to park vehicles on any portion of the City Parcel have been terminated and such agreements, if any, are of no further force or effect. 14.2.1.4 A statement from MH, in a form acceptable to the Title Company, that Big Lick and the Title Company may rely upon affidavits provided to the City pursuant to Section 14.1.1.2 and 14.1.1.3 of this Agreement. 14.2.1.5 Such document, including the ordinance adopted by the City, as may be reasonably required by the Title Company evidencing the authority of the person(s) executing the various documents on behalf of the City in connection with the sale of the Hotel Facility Property. Draft September 10, 2017 14.2.1.6 A written certification that the City's representations and warranties in Section 18.2 of this Agreement remain true and correct as of the Closing Date. 14.2.1.7 Any other item or document to be delivered by the City pursuant to this Agreement or other items or documents reasonably required by the Title Company that do not include the payment of money, indemnity or the assumption of any liability or obligation. 14.2.2 Big Lick's Obligations at Closing. At the Closing, Big Lick shall purchase the Air Rights from the City and pay the Hotel Facility Property Purchase Price to the City. 14.2.3 Proration of Expenses. At the Closing, real property taxes (including any special assessments), stormwater utility fees, and solid waste collection fees shall be pro rated with the City responsible for all periods prior to Closing and Big Lick being responsible for all periods thereafter. The settlement of any such amounts shall occur at the Closing as soon as reasonably possible thereafter. 14.2.4 Title Policy, Big Lick shall cause the Title Company to issue and deliver the Tile Policy to Big Lick after the Closing Date. 14.2.5 Big Lick's Expenses. Big Lick shall pay for (i) the costs of all investigations of the Hotel Facility Property conducted by Big Lick; (ii) all attorneys' fees and expenses incurred by legal counsel to Big Lick; (iii) any Grantee's tax and the recording cost required to be paid in connection with recording the Air Rights Deed; (iv) its pro rata share of the expenses identified in Section 14.3 of this Agreement; and (v) the premium for the Title Insurance. 14.2.6 City's Expenses. The City shall pay (i) the Grantor's tax, if any; (ii) all attorney's fees and expenses incurred by legal counsel for the City; and (iii) its pro rata share of the expenses identified in Section 14.3 of this Agreement. 14.2.7 Possession. The City shall deliver possession of the Hotel Facility Property, free and clear of tenants and parties in possession. 14.3 Mechanics for Closing. 14.3.1 The Parties acknowledge and agree that the Closing of the MH Parcel and the conveyance of the Air Rights shall occur sequentially and all payments due to any Party shall be held in escrow pending recording of the following documents and plats in the following order: 14.3.1.1 The MH Deed; Draft September 10, 2017 14.3.1.2 The plat consolidating the MH Parcel and the City Parcel into one (1) lot; and 14.3.1.3 The Air Rights Deed. Prior to recording, the Title Company shall update title of the MH Parcel and the City Parcel and confirm that, upon recording of the document identified in this Section 14.3.1, the Title Company shall issue the Title Policy with respect to the MH Parcel to the City and the Title Policy to the Hotel Facility Property in accordance with the requirements of this Agreement. In the event that the Title Company is unable, for any reason, to make such determination, the Title Company shall return all documents to the City. The Parties shall determine what actions should occur and in the absence of any agreement, this Agreement shall terminate, the Deposit shall be retained by MH unless the failure to close is due to an intervening title issue related to the MH Parcel in which event the Deposit shall be returned to the City, all documents executed at Closing shall be returned to the Party that executed such document, and no Party shall have any further rights hereunder. 14.3.2 The City and Big Lick acknowledge and agree that they shall share equally in the expenses in preparing the Consolidation Plat and recording the plat in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia. Such prorated shares shall be paid at Closing. 14.4 Closing on Hotel Lobby Units. 14.4.1 At the Hotel Lobby Units Closing, the City shall sell and convey the Hotel Lobby Units, and assign all rights and obligations of the City as declarant under the Condominium Documents to Big Lick by delivering or causing to be delivered to Big Lick the Hotel Lobby Units Deed and the documents described in Section 14.2.1 of this Agreement with respect to the Hotel Lobby Units. The Closing of the Hotel Lobby Units shall occur within thirty (30) days following the establishment of the Condominium by the City and the approval of the non- exclusive easements by the City and Big Lick. 14.4.2 At the Hotel Lobby Units Closing, Big Lick shall purchase the Hotel Lobby Units from the City, pay the Hotel Lobby Units Purchase Price, and perform all other obligations of Big Lick as set forth in Section 14.2.2 of this Agreement with respect to the Hotel Lobby Units. Draft September 10, 2017 ARTICLE XV CONDEMNATION 15.1 The City and MH each has no actual knowledge of any pending or threatened condemnation of the City Parcel or the MH Parcel. However, if, after the date hereof and prior to the Closing Date, all or any part of Property is subjected to a bona fide threat of condemnation or condemned or taken by a body having the power of eminent domain or a transfer in lieu of condemnation, the City and /or MH shall promptly notify all Parties in writing and within thirty (30) Days after receipt of written notice to any of the Parties may, by written notice to the other Parties, elect to cancel this Agreement prior to the Closing Date, in which event all parties shall be relieved and released of and from any further duties, obligations, rights, or liabilities hereunder, and this Agreement shall be deemed terminated and of no further force and effect. If no such election is made by any of the Parties to cancel this Agreement, this Agreement shall remain in full force and effect and the purchase contemplated herein, less any interest taken by condemnation or eminent domain, shall be effected with no further adjustments, and on the Closing Date, MH shall assign, transfer, and set over to the City all of the right, title, and interest of MH in and to any awards that have been or that may thereafter be made for any such taking or takings with respect to the MH Parcel. ARTICLE XVI RISK OF LOSS 16.1 Risk of loss by fire or other casualty shall be on MH of the MH Parcel and the City for the City Parcel until Closing is completed, subject only to the respective Parties obligations under this Agreement. If either the MH Parcel or the City Parcel is substantially damaged or destroyed before Closing by such casualty, then any of the Parties may cancel this Agreement by giving written notice of such cancellation to all other Parties, and none of the Parties will have any further obligations to the other (except as otherwise specifically provided in this Agreement). In the event that this Agreement is cancelled pursuant to Article XVI, the Deposit shall be retained by MH. ARTICLE XVII BROKER'S COMMISSIONS 17.1 Each of the Parties represents, and warrants that it has not incurred any liability or obligation — whether contingent or otherwise — for a brokerage commission, a finder's fee, or any other similar payment in connection with this Agreement or the transaction contemplated herein. Draft September 10, 2017 ARTICLE XVIII REPRESENTATIONS AND WARRANTIES 18.1 MH's Representations and Warranties. MH represents and warrants, as of the Effective Date and as of the Closing, to the City and Big Lick, with respect to the MH Parcel that: 18.1.1 Title. MH is the legal and beneficial fee simple title holder of the MH Parcel, and has good, marketable title to the MH Parcel, free and clear of all liens, encumbrances, claims, covenants, conditions, restrictions, easements, right -of -way, options, judgments, or other matters, subject only to such matters of record or disclosed in the title report and existing plat for the MH Parcel or any matters shown on a plat of the MH Parcel obtained by the City or Big Lick. MH will convey the MH Parcel to the City by the MH Parcel Deed. 18.1.2 Special Taxes. The MH Parcel is subject to the Downtown Service District special assessment set for in Sections 32 -102 through 21- 102.4, Code of the City of Roanoke (1979), as amended. MH has no knowledge of, nor has it received notice of, any other special assessments or special taxes relating to the MH Parcel or any part thereof. 18.1.3 Condemnation. MH has no actual knowledge of any pending or threatened proceedings for condemnation or the exercise of the right of eminent domain as to any part of the MH Parcel or the limiting or denying any right of access thereto. 18.1.4 Hazardous Materials. MH has provided the City with copies of environmental studies of the MH Parcel. Except for matters set forth therein, to MH's actual knowledge, there are no hazardous materials in, or about the MH Parcel. 18.1.5 Leases. MH has granted month to month leases to persons to park vehicles upon portions of the MH Parcel. All such leases shall be terminated prior to the Closing Date. 18.1.6 Intentionally Deleted. 18.1.7 No Conflicts. MH's execution and performance of this Agreement does not (i) breach any other agreement to which MH is a party; or (ii) violate any law, judgment, or order to which MH is subject. 18.1.8 No Notice of Violation. MH has received no notice of any violation of the zoning requirements or other Applicable Law with respect to the MH Parcel. Draft September 10, 2017 18.1.9 Intentionally Deleted. 18.1.10 No Litigation. No litigation, claim, or arbitration is pending or, to the actual knowledge of MH, threatened, with regard to the MH Parcel. 18.1.11 Corporate Status. MH is a Virginia limited liability company, in good standing, and with full authority to own its assets and operate its business in the ordinary course. The members of MH are: David Wine and Blair Godsey. The manager of MH is: David Wine. 18.1.12 Definition of Actual Knowledge of MH. As used in this Section 18. 1, the words "actual knowledge of MH" or words of like impart shall mean the actual knowledge of David Wine and Blair Godsey without any obligation for further inquiry or investigation. 18.2 City's Representation and Warranties. The City represents and warrants, as of the Effective Date and as of the Closing, to Big Lick with respect to the City Parcel that: 18.2.1 Title. The City is the legal and beneficial fee simple titleholder of the City Parcel and has good, marketable title to the City Parcel, free and clear of all liens, encumbrances, claims, covenants, conditions, restrictions, easements, rights of way, options, judgments, or other matters, created by the City, subject to all matters disclosed by the Title Report and the plat of the City Parcel. The City will convey title to the Air Rights to Big Lick by the Air Rights Deed. 18.2.2 Condemnation. The City has no knowledge of any pending or threatened proceedings for condemnation or the exercise of the right of eminent domain as to any part of the City Parcel or the limiting or denying of any right of access thereto. 18.2.3 Special Taxes. The City Parcel is subject to the Downtown Service District assessment as set forth in Section 32 -102 through 32- 102.4, Code of the City of Roanoke (1979), as amended. The City has no knowledge of, nor has it received any notice of, any other special taxes or assessments relating to the Property or any part thereof. 18.2.4 Hazardous Materials. The City makes no warranties, covenants, or representations of any type regarding hazardous materials of any type. Draft September 10, 2017 18.2.5 No Leases. There are no leases of or affecting the City Parcel. The City has provided leases to persons to park vehicles on portions of the City Parcel. All such leases shall be terminated prior to the Closing Date. 18.2.6 Intentionally deleted 18.2.7 No Conflicts. The City's execution and performance of this Agreement does not: (i) breach any other agreement to which the City is a party; or (ii) violate any law, judgment, or order to which the City is subject. 18.2.8 No Notice of Violations. The City has received no notice of any violation of zoning requirements or other ordinances, rules or regulations with respect to the City Parcel. 18.2.9 Intentionally deleted. 18.2.10 No Litigation. There is no litigation, claim, or arbitration, pending or, to the actual knowledge of the City Manager or the City Attorney, threatened, with regard to the City Parcel. 18.3 Big Lick's Representations and Warranties. Big Lick represents and warrants, as of the Effective Date and the Closing Date, to MH and the City that: 18.3.1 Big Lick is a South Carolina limited liability company, qualified to conduct business and in good standing in Virginia, and has the right to own its assets and operate it business in the ordinary course. The manager of Big Lick is: Aughtry Hotel Management, LLC, a South Carolina limited liability company. Paul C. Aughtry, III is the manager of Aughtry Hotel Management, LLC. The proper officers of Big Lick have been authorized to execute and perform this Agreement, the documents and agreement referred to in this Agreement, and take all actions necessary to effectuate this Agreement on behalf of Big Lick. 18.3.2 Big Lick's execution and performance of this Agreement does not (i) breach any other agreement to which Big Lick is a party, or (ii) violate any law, judgment, or order to which Big Lick is subject. Draft September 10, 2017 18.3.3 There is no litigation, claim or arbitration pending, or to the knowledge of Big Lick, threatened against Big Lick that would prevent or inhibit Big Lick in entering or performing this Agreement. 18.4 Severability. The representations and warranties set forth herein, except for the representations and warranties set forth in Section 18.1.1.1 and Section 18.2.1.1 of this Agreement, shall survive the Closing for a period of six (6) months. ARTICLE XIX DEFAULT IN CLOSING OBLIGATIONS 19.1 Default by MH. 19.1.1 In the event that the Closing does not occur by reason of default by MH, and the City and Big Lick have fully performed and are prepared to consummate the transactions contemplated herein, the City and Big Lick may pursue all remedies at law or in equity against MH, including the equitable right of specific performance to compel performance by MH. The City or Big Lick may also terminate this Agreement and upon such termination the Deposit shall be refunded to the Party that provided the Deposit and none of the Parties shall have any further rights or obligations under this Agreement. 19.1.2 In the event of default by MH, Big Lick acknowledges and agrees that it has no rights or claims against the City. 19.2 Default by the City. 19.2.1 In the event that the Closing does not occur by reason of default by the City, and MH and Big Lick have fully performed their obligations and are prepared to consummate the transactions contemplated in this Agreement, MH and Big Lick each shall have the right to (i) terminate this Agreement in which event the Deposit provided by the City shall be retained by MH and none of the Parties shall have any further rights or obligations under this Agreement; or (ii) MH and Big Lick can collectively agree to pursue the remedy of specific performance. These remedies shall be the sole remedies available to MH and Big Lick for the City's breach of the City's obligations at Closing. Draft September 10, 2017 19.2.2 MH and Big Lick acknowledge and agree that they have no rights, claim, cause of action, or remedy against each other in the event that this Agreement is terminated as a result of the breach by the City of the City's obligations at Closing. 19.3 Default by Big Lick. 19.3.1 In the event that the Closing does not occur by reason of default by Big Lick, and the City and MH have fully performed and are prepared to consummate the transactions contemplated herein, the City and MH may pursue all remedies at law or in equity against Big Lick including the equitable right of specific performance to compel performance by Big Lick. The City or MH may also terminate this Agreement and upon such termination the Deposit shall be retained by MH and none of the Parties shall have any further rights or obligations under this Agreement. 19.3.2 In the event of default by Big Lick, MH acknowledges and agrees that it has no rights or claims against the City. ARTTCT F XX LIMITATIONS ON ASSIGNMENTS 20.1 Each party agrees not to assign or transfer any part of the party's rights or obligations under this Agreement as expressly provided in Sections 6.1 and 6.2 of this Agreement without the prior written consent of the Parties, which consent shall not be unreasonably withheld, and any such assignment shall not relieve the assigning Party from any of its obligations under this Agreement. ARTICLE XXI POST - CLOSING OBLIGATIONS OF THE CITY AND BIG LICK 21.1 Commencement of Construction. 21.1.1 Parking Facility. Within one hundred twenty (120) Days following the Closing, the City shall commence construction of the Parking Facility. Draft September 10, 2017 21.1.2 For the purpose of this Article XXI, "commence construction" shall mean obtaining all approvals required to begin site work, site preparation, or other work on the construction of the Parking Facility, and the commencement of physical work on the Property. 21.2 Remedy for Breach. 21.2.1 Consolidated Project. In the event that the City has not commenced construction of the Parking Facility within one hundred twenty (120) Days following the Closing as a part of the Consolidated Project, and thereafter diligently proceeds to complete construction of the same, the City and Big Lick shall be deemed in default under this Agreement and shall be jointly and severally liable to MH for an amount equal to $25,000 per month for up to four months starting on day 121 as liquidated damages, it being understood and agreed by the Parties that the damage to MH due to the failure of the City to begin construction of the Parking Facility and diligently proceed to complete construction of the same is impossible to ascertain. 21.2.2 Parking Facility Only. 21.2.1 In the event that the City has not commenced construction of the Parking Facility within one hundred twenty (120) Days following the Closing, if the City elects to acquire the MH Parcel as provided in Article V of this Agreement, and thereafter diligently proceeds to complete construction of the same, the City shall be deemed in default under this Agreement and shall be liable to MH for an amount equal to $25,000 per month for up to four months starting on day 121 as liquidated damages, it being understood and agreed by the Parties that the damage to MH due to the failure of the City to begin construction of the Parking Facility and diligently proceed to complete construction of the same is impossible to ascertain. 21.3 The remedies set forth in this Article XXI shall be the sole and exclusive remedy available to MH in the event of a breach by the City or Big Lick of this Article XXI. MH expressly waives all other right, remedies, and claims hereunder whether at law or in equity. The obligations, rights and remedies under this Article XXI shall survive closing and recordation of the deeds. Draft September 10, 2017 ARTICLE XXII NOTICES All notices hereunder must be in writing and shall be deemed validly given, by personal service, if sent by certified mail, return receipt requested, or by a nationally recognized overnight courier, addressed as follows (or any other address the party to be notified may have designated to the sender by like notice): If to City: City of Roanoke, ATTN: City Manager 364 Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Fax No. 540- 853 -2333 With a Copy to: City of Roanoke Department of Economic Development ATTN: Economic Development Director 117 Church Avenue, S.W. Roanoke, Virginia 24011 Fax No. 540- 853 -1213 If to MH: Market Holdings, LLC David Wine, Manager 101 Mountain Ave, S.W. Roanoke, Virginia 24016 With a Copy to: C. Cooper Youell, IV 28A Kirk Avenue, SW Roanoke, VA 24011 Fax No. 866 - 684 -7836 If to Big Lick: Big Lick Hospitality, LLC c/o Windsor /Aughtry Company, Inc. Post Office Box 16449 Greenville, SC 29606 Attn: Paul C. `Bo" Aughtry, III With a Copy to: Daniel F. Layman, Jr. 555 Professional Arts Building 30 Franklin Road, SW Roanoke, VA 24011 Facsimile 540- 491 -9348 Draft September 10, 2017 All notices to the Parties hereto shall be sent via hand delivery, overnight delivery, certified mail return receipt requested or via facsimile, and shall be deemed effective upon confirmation of receipt thereof. ARTICLE XXIII GENERAL PROVISIONS 23.1 Time. Time is of the essence in the performance of the parties' respective obligations in this Agreement. 23.2 Successors and Assigns. This Agreement shall inure to the benefit of, and be binding on, the parties hereto and their respective successors and permitted assigns. 23.3 Counterpart Copies. This Agreement may be executed in one or more counterparts, and all such counterparts so executed shall constitute one Agreement binding on all of the Parties hereto, notwithstanding that all of the Parties are not signatories to the same counterpart. 23.4 Construction. The Parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. 23.5 Severability. If a provision of this Agreement is determined to be unenforceable in any respect, the enforceability of the provision in any other respect and of the remaining provisions of this Agreement shall not be impaired. 23.6 Cooperation. Each Party agrees to cooperate with the other in a reasonable manner to carry out the intent and purpose of this Agreement. 23.7 Authority To Sign. The persons who have executed this Agreement on behalf of the Parties represent and warrant they are duly authorized to execute this Agreement on behalf of their respective entity. 23.8 Non - waiver. Each Party agrees that any Party's waiver or failure to enforce or require performance of any term or condition of this Agreement or any Party's waiver of any particular breach of this Agreement by any other Party extends to that instance only. Such waiver or failure is not and shall not be a waiver of any of the terms or conditions of this Agreement or a waiver of any other breaches of the Agreement by any Party and does not bar the non - defaulting Party from requiring the defaulting Party to comply with all the terms and conditions of this Agreement and does not bar the non - defaulting Party from asserting any and all rights and /or remedies it has or might have against the defaulting Party under this Agreement or by law. 23.9 Faith Based Organizations. Pursuant to Virginia Code Section 2.2.4343.1, be advised that the City does not discriminate against faith -based organizations. Draft September 10, 2017 ARTICLE XXIV NONDISCRIMINATION 24.1 Big Lick 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 to normal operation of Big Lick. Big Lick agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. 24.2 Big Lick in all solicitations or advertisements for employees placed by or on behalf of Big Lick will state that Big Lick is an equal opportunity employer. 24.3 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. ARTICLE XXV COMPLIANCE WITH LAWS, REGULATIONS, AND IMMIGRATION Big Lick agrees to comply with all Applicable Law, including all licensing requirements. Big Lick further agrees that Big Lick does not, and shall not during the performance of this Agreement, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986. ARTICLE XXVI COMPLIANCE WITH STATE LAW; FOREIGN AND DOMESTIC BUSINESSES AUTHORIZED TO TRANSACT BUSINESS IN THE COMMONWEALTH OF VIRGINIA Big Lick and MH shall comply with the provisions of Virginia Code Section 2.2- 4311.2, as amended, which provides that a contractor organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth of Virginia as a domestic or foreign business entity if so required by Title 13.1 or Title 50 or as otherwise required by law. Big Lick and MH each agrees not to allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth of Virginia, if so required under Title 13.1 or Title 50, to be revoked or cancelled at any time before Closing, and to promptly cure any such lapse, revocation or cancellation following notice from the City. It Draft September 10, 2017 shall be a condition of the City's closing obligations under Article XIV above that Big Lick or MH not be in breach of this Article XXVI. ARTICLE XXVII APPROPRIATION OF FUNDS All obligations or funding undertaken by the City in connection with this Agreement are subject to the availability of funds and the appropriation of such funds by City Council as may be necessary for such obligations or funding. The City Manager shall include funding for the City's obligations under this Agreement in each annual budget proposed by the City Manager. If any such funding is not approved, withdrawn, or otherwise not made available for this Agreement, with the result that the City is unable to perform its obligations under this Agreement, the City shall provide MH and Big Lick with written notice of such unavailability of funding. ARTICLE XXVIII FORCE MAJEURE None of the Parties shall be in default or otherwise liable for any delay in or failure of its performance under this Agreement if such delay or failure arises by any reason beyond its reasonable control, including any act of God, any acts of common enemy, the elements, earthquakes, floods, fires, epidemics, riots, strikes, failures or delay in transportation or communication, shortages of material, approval delays or any act or failure to act by the other party or such other party's employees, agents or contractors; provided, however, that Big Lick's lack of funds shall not be deemed to be a reason beyond Big Lick's reasonable control. The Parties shall promptly inform and consult with each other as to any of the above causes which in their judgment may or could be the cause of a delay in the performance of this Agreement. For purposes of this Agreement, any one (1) delay caused by any such occurrence shall not be deemed to last longer than six (6) months and the Party claiming delay caused by any and all such occurrences shall give the other Party written notice of the same within 30 Days after the date such claiming party learns of such occurrence. Notwithstanding anything else set forth above, after a total of twelve (12) months of delays of any type have been claimed by a Party as being subject to force majeure, no further delays or claims of any type shall be claimed by such Party as being subject to force majeure and /or being an excusable delay. Draft September 10, 2017 ARTICLE XXIX ENTIRE AGREEMENT This Agreement, including, without limitation, its exhibits and other attachments, contains the entire understanding of the Parties regarding its subject matter and supersedes all prior and contemporaneous negotiations and agreements, whether written or oral, between the Parties with respect to its subject matter. Without limitation, and for avoidance of any doubt, the preceding sentence shall not operate to invalidate or supersede any separate agreements between the Parties regarding the Incentives. No amendment to this Agreement shall be valid unless made in writing and signed by the Parties. ARTICLE XXX FORUM SELECTION AND CHOICE OF LAW By virtue of entering into this Agreement, the Parties agree and submit themselves to a court of competent jurisdiction, which shall be the Circuit Court or General District Court for City of Roanoke, Virginia, and further agree that this Agreement is controlled by the laws of the Commonwealth of Virginia, with the exception of Virginia's conflict of law provisions which shall not apply, and that all claims, disputes and other matters shall be decided only by such court according to the laws of the Commonwealth of Virginia as aforesaid. Each Party further waives and agrees not to assert in any such action, suit or proceeding, that the Party is not personally subject to the jurisdiction of such courts, that the action, suit or proceeding, is brought in an inconvenient forum or that the venue of the action, suit or proceeding, is improper. SIGNATURE PAGES TO FOLLOW Draft September 10, 2017 IN WITNESS WHEREOF, the Parties have executed this Agreement by their authorized representatives as of the date of this Agreement. WITNESS: Print name and title COMMONWEALTH OF VIRGINIA CITY OF ROANOKE CITY OF ROANOKE, VIRGINIA Bv: Robert S. Cowell, Jr. City Manager The foregoing Agreement was acknowledged before me this day of , 2018, by Robert S. Cowell, Jr., the duly authorized City Manager, of the City of Roanoke, Virginia, a Virginia municipal corporation, on behalf of the City of Roanoke, Virginia. My Commission expires: Notary Public SEAL Draft September 10, 2017 WITNESS: Print name and title COMMONWEALTH OF VIRGINIA CITY OF ROANOKE MARKET HOLDINGS, LLC David Wine, Manager The foregoing Agreement was acknowledged before me this day of , 2018, by David Wine, the duly authorized manager of Market Holdings, LLC, a Virginia limited liability company, on behalf of Market Holdings, LLC. My Commission expires: Notary Public SEAL Draft September 10, 2017 WITNESS: BIG LICK HOSPITALITY, LLC a South Carolina limited liability company Print name and title By: Aughtry Hotel Management, LLC a South Carolina limited liability company its Manager By: Name: Paul C. Aughtry, III Its: Manager STATE OF CITY /COUNTY of The foregoing Agreement was acknowledged before me this day of , 2018, by Paul C. Aughtry, III, the duly authorized manager of Aughtry Hotel Management, LLC, a South Carolina limited liability company, as the manager of Big Lick Hospitality, LLC, a South Carolina limited liability company, on behalf of Big Lick Hospitality, LLC. My Commission expires: Notary Public SEAL Draft September 10, 2017 EXHIBIT A DESCRIPTION OF CITY PARCEL All those certain parcels of land lying and being in the City of Roanoke, Virginia, designated as Parcel One, containing 15,973 sq. ft., located on the North side of Church Avenue, the South side of Kirk Avenue and the West side of Williamson Road as shown on the Revised Map of Downtown East Renewal Project, dated December 5, 1976, recorded in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia, in Map Book 1, Page 234; and BEING the same property conveyed to City of Roanoke, Virginia, from City of Roanoke Redevelopment and Housing Authority by Deed dated April 4, 2014, and recorded in the Clerk's Office of the Circuit Court for the City of Roanoke, Virginia as Instrument Number 140003141. Draft September 10, 2017 EXHIBIT B DESCRIPTION OF MH PARCEL ALL that certain lot or parcel of land, lying and being in the City of Roanoke, Virginia, more particularly described as follows: BEGINNING at a point on the north side of Church Avenue, 145 feet east of the northeast corner of Church Avenue and First Street (sometimes called Nelson Street); thence N 2° E 200 feet to the south side of Kirk Avenue; thence with the same, S 88° E 125 feet to a point; thence S 2° W 200 feet to Church Avenue; thence with Church Avenue N 88° W 125 foot to the place of BEGINNING; Being Lots 193, 194, 195, 196, and 197, Ward 5, according to the map of Roanoke Land and Improvement Company; and BEING the same property conveyed to Market Holdings, LLC, from CPR Roanoke LLC by Special Warranty Deed dated May 28, 2008, and recorded in the Clerk's Office of the Circuit Court for the City of Roanoke, Virginia as Instrument Number 080007107. Draft September 10, 2017 EXHIBIT C FORM OF EDA CONSTRUCTION GRANT [To be negotiated.l Draft September 10, 2017 EXHIBIT D FORM OF PARKING AGREEMENT [To be negotiated.] Draft September 10, 2017 EXHIBIT E STANDARD TERMS AND CONDITIONS FOR ARCHITECTURE AND ENGINEERING DESIGN CONTRACT In addition the City's right and ability to negotiate the fee quoted by the Design Contractor and conditions and terms set forth in this Exhibit E, the Design Contractor shall provide the City with the following items: Any conditions of the Proposal submitted to Big Lick; b. Any exceptions to the City's contract, terms and conditions set forth in this Exhibit E; C. Disclosure of any conflict of interest between the Design Contractor and its employees with the City and its employees, including immediate family members employed by the City, as set forth in Applicable Law: d. References for similar projects (municipalities preferred); Disclosure of any officer, director, partner or owner of the Design Contractor currently debarred or enjoined from doing federal, state or local government work for any reason; and f. Disclosure of any termination of a contract for cause. Draft September 10, 2017 CITY OF ROANOKE, VIRGINIA CONTRACT FOR CONSULTANT SERVICES This Contract, made at Roanoke, Virginia, on , 20 , by and between the City of Roanoke, Virginia (hereinafter referred to as the "City" or "Owner"), and _ (hereinafter referred to as "Consultant ") WITNESSETH: NOW, THEREFORE, for and in consideration of the benefits which will accrue to the parties hereto by virtue of this Contract and the Respective Covenants contained herein, IT IS MUTUALLY COVENANTED AND AGREED AS FOLLOWS: SECTION 1. PROJECT. The term Project as used in this Contract refers to the following: • General Project Description • Special Features • Purpose of the Project SECTION 2. CONSULTANT SERVICES. Consultant shall provide the following professional services together with the preparation of Project plans, design drawings and specifications for the orderly development of the Project: A. SCOPE OF SERVICES. The Consultant shall commence, carry on, and complete the Project with all dispatch in a sound, economical, and efficient manner, in accordance with the provisions hereof and all applicable laws. In accomplishing the Project, the Consultant shall take reasonable professional efforts to ensure that the work involved is properly coordinated with any related work being carried on by the City or by other City employees, consultants, representatives, or attorneys. [Insert Detailed Scope of Services for the Project] Attend general public meetings (conducted and scheduled by the Owner) as the Owner may request. meetings are anticipated for this project. 2. Record a written record of all Project meetings with the Owner. Meeting minutes shall be submitted to the Owner not more than 10 days after the meeting. 3. This Project is a Design to Budget Project. The budget for this Project is $ Draft September 10, 2017 and this amount includes all of the Consultant's fees, costs, and expenses. This cost will include all work required for a complete, usable and properly working Project. The Consultant is specifically advised of budget constraints for this Project and the Owner expects and the Consultant agrees to provide an acceptable design in accordance with the Project description and within the stated budget. 4. The Consultant and the Owner agree that should the Design to Budget cost identified in the paragraph above be exceeded by the low bidder by more than 10 %, any revision to the Project plans and specifications necessary to bring the cost of the Project within the Design to Budget cost will be completed by the Consultant at no additional cost to the Owner. 5. A detailed cost estimate commensurate with the level of design shall be supplied by the Consultant with each Project phase submittal. Should any cost estimate indicate a problem in securing a bid within the Design to Budget cost, the Consultant shall notify the Owner to redefine the Project scope, materials of construction, etc., as necessary to resolve the estimated cost of construction within the Design to Budget cost. 6. The City may, from time to time, require changes in the scope of the services of the Consultant to be performed hereunder. Such changes, which are mutually agreed upon by and between the City and the Consultant, shall be incorporated in written amendments to this Contract. Any changes requiring any increase in the Contract sum shall be subject to the verification of funding by the City's finance department and approval by the City. B. PROJECT SCHEDULE. The Owner and the Consultant agree that time is of the essence and that delays in the design or construction may significantly impact the feasibility and /or cost of the Project. 2. The Project design development will correspond to the following definitions: a. Conceptual Design Phase shall include surveys, design drawings and outline specifications to refine the Project scope and confirm project feasibility and the Design to Budget cost. b. Preliminary Design Phase shall include subsurface investigations, detailed design drawings and specifications in sufficient detail to clearly define all items which may affect the project Design to Budget cost. C. Final Design Phase shall include final detailed design drawings, specifications and contract documents in a ready to bid form. d. Project Bid Phase shall include all consulting services necessary to advertise the Project, conduct a pre -bid conference, provide contract addenda as necessary, receive bids, evaluate and tabulate bids and provide a recommendation for award of the construction contract. Draft September 10, 2017 e. Construction Phase shall include all consulting services necessary to administer the construction of the Project. 3. The following is the Project schedule: ■ Conceptual Design Phase ■ Preliminary Design Phase ■ Final Design Phase ■ Bidding Phase ■ Construction Phase ■ Record Drawings C. PROJECT DELIVERABLES. The Consultant agrees to deliver to the Owner in a timely and proper manner the following: 1. Completed set of original plan sheets deemed constructible by the City Engineer with original certification seals and signatures. Such plans shall be printed on bond paper (20 pound minimum) or as otherwise requested by the City Engineer. 2. Prepare and provide all Project documents with original certification and regulatory approval signatures. 3. Reproducible copy of all Project documents prepared by the Consultant. 4. All Project drawings in AutoCAD (Release 2012 or newer) format together with any related symbol and /or font libraries. 5. Copies of all Project calculations including complete reproducible calculation notebook(s) with a CD containing final electronic files used to generate calculations, details, certifications, cost estimates, survey notes, charts, reports, studies, sketches, maps, and other documentation as may be reasonably required by the City Engineer for the Project. D. PERSONNEL. 1. The Consultant hereby designates assignments for this Project as follows: • Principal in Charge: • Project Manager: • Project Architect: • Civil Engineer: • Structural Engineer: • Mechanical Engineer: • Electrical Engineer: Draft September 10, 2017 2. Where circumstances require substitution for any of the above listed personnel assignments, the Consultant shall so advise the Owner in writing. The substitute shall be of the same or greater level of expertise and experience as the personnel being replaced. The Owner reserves the right to accept or reject any initial or substituted Project personnel. The Consultant's Project Manager shall not be reassigned or replaced during the term of the Contract without the express written approval of the Owner. SECTION 3. CONSULTANT FEES. PLEASE NOTE: Consultant fees may be negotiated on a basis of an hourly rate with a not to exceed amount or some other basis instead of a lump sum basis. If so, the provisions of the sample contract shall be modified accordingly. The Consultant and Owner agree as follows: A. All work under this Contract shall be on a lump sum basis. The lump sum fee shall be determined on the basis of man -hours and associated hourly rates for all work required by the Project Description. The Consultant agrees that the lump sum fee is full and complete compensation for the completed Project design, contract documents, and all costs incurred and services rendered by the Consultant, without condition or limitation. B. A task list showing Project tasks and associated man -hours is attached as Attachment _ C. Hourly rates for all personnel associated with the Project are included in Attachment _. These rates shall remain in effect for the Contract term. Escalation of rates is not permitted without the prior written consent of the Owner. D. The lump sum fee for the Project will be paid, subject to approval by the Owner of the Consultant's services, in accordance with the following Project phases: • Conceptual Design Phase • Preliminary Design Phase • Final Design Phase • Bidding Phase • Construction Phase • Total Lump Sum Fee E. Work shall not begin on any phase of the Project without express written authorization from the Owner. The Owner and the Consultant agree that the Owner has the right to terminate or stop, in whole or in part, with or without cause, the Consultant's services at any time and the Owner may cancel this Contract at any time with or without cause and without incurring any liability, damages, or cost to the Consultant, except as set forth in Section 6E. SECTION 4. PAYMENT FOR CONSULTANT SERVICES. The Owner and Consultant agree that the Owner will only pay the Consultant a portion of the total lump sum fee set forth above for each project phase completed and accepted by the Owner. The Consultant shall submit a request for payment not more than once each month. Draft September 10, 2017 The payment requested shall be in proportion to the services completed by Project phase and approved by the Owner. The Owner shall have the final decision with respect to the proportion of the Project completed. A written progress report detailing work completed, identified problems, and remaining work shall accompany each request for payment. SECTION 5. SPECIAL CONDITIONS. A. It is agreed by the Parties hereto that one (1) reproducible copy each of the drawings, tracings, construction plans, specifications, maps, and other documents (including electronic data) prepared or obtained under the terms of the Contract shall be delivered to and become the property of the Owner and basic survey notes and sketches, charts, computations, and other data shall be made available, upon request, to the Owner without restriction or limitation on their use at no additional cost to the Owner. B. It is agreed by the Parties hereto that the Consultant shall proceed to furnish professional services on any phase of the Project under the terms provided in this Contract only after a Notice to Proceed with the next phase has been given to the Consultant in writing by the Owner. C. Each party binds itself, its principals, successors, executors, administrators, and assigns to perform all covenants and provisions of this Contract. Except as above noted, neither the Owner nor the Consultant shall assign or transfer its interest in this Contract without the written consent of the other Party hereto, which consent shall not be unreasonably withheld. D. The term of this Contract will be completed upon final approval and acceptance of the completed Project by Owner and any participating agencies. However, nothing contained herein shall be construed to establish a period of limitation with respect to any obligation which the Consultant might have under the Contract or the law of Virginia, including liability for errors and omissions. E. The Consultant agrees to conduct all the services in compliance with all applicable requirements imposed by or pursuant to Title M of the Civil Rights Act of 1964, Part 21 of the Regulations of the Secretary of Transportation and Executive Order No. 11246, "Equal Employment Opportunity" as supplemented in Department of Labor Regulations (41 CFR, Part 60); and agrees to comply with all applicable standards, orders, or regulations issued pursuant of the Clean Air Act of 1970; and will maintain an Affirmative Action Program, if required by applicable law. F. Owner advises Consultant that failure of Consultant to carry out the requirements set forth in 45 Federal Register 21186, Section 23.43 (a) (1980) dealing with minority business enterprise, where appropriate, shall constitute a breach of contract and may result in termination of this Contract or such remedy as Owner deems appropriate. G. Consultant agrees that the work and services (which shall include, but not be limited to, all plans, drawings, and specifications) Consultant provides for the Owner pursuant to this Contract will comply with all applicable federal, state, and local laws, codes, and regulations that are in effect as of the date of the Contract. Furthermore, Consultant shall, in a timely manner, inform in writing the Owner, during the term of the Contract and until completion of the Consultant's services, about changes or modifications of all such Draft September 10, 2017 laws, codes, or regulations that may affect or require modification or changes to any part of the Project so that Owner will be able to determine if changes or modifications should be made to the Project before completion. Consultant further agrees that Consultant does not, and shall not during the performance of this Contract, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986. H. The Consultant agrees that the Owner, and any approving Federal or State Agency or any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the Consultant which are pertinent to this Project for the purpose of making an audit, examinations, excerpts, or transcriptions. The Consultant shall, at its sole expense, obtain and maintain during the life of this Contract the insurance policies and bonds required by this Section. Any required insurance polices and bonds shall be effective prior to the beginning of any work or other performance by the Consultant under this Contract. All such insurance shall be primary and noncontributory to any insurance or self- insurance the City may have. The following polices and coverages are required: Commercial General Liability. Commercial General Liability insurance 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 the Consultant's performance under this Contract. The minimum limits of liability for this coverage shall be $1,000,000 combined single limit for any one occurrence. 2. Contractual Liability. Broad form Contractual Liability insurance shall include the indemnification obligation set forth in this Contract. 3. Workers' Compensation. Workers' Compensation insurance covering Consultant's statutory obligation under the laws of the Commonwealth of Virginia and Employer's Liability insurance shall be maintained for all its employees engaged in work under this Contract. Minimum limits of liability for Employer's Liability shall be $100,000 bodily injury by accident each occurrence; $500,000 bodily injury by disease (policy limit); and $100,000 bodily injury by disease (each employee). With respect to Workers' Compensation coverage, the Consultant's insurance company shall waive rights of subrogation against the City, its officers, employees, agents, volunteers and representatives. 4. Automobile Liability. The minimum limit of liability for Automobile Liability Insurance shall be $1,000,000 combined single limit applicable to owned or non - owned vehicles used in the performance of any work under this Contract. Professional Liability. Minimum limits of insurance coverage for Professional Liability shall be $1,000,000. Umbrella Coverage. The insurance coverages and amounts set forth in subsections (1), (2), (3), and (4) of this Section may be met by an umbrella liability policy following the form of the underlying primary coverage. Should an umbrella liability insurance coverage policy be used, such coverage shall be accompanied by a certificate of endorsement stating that it applies to the specific policy numbers indicated for the insurance providing the coverages required by Draft September 10, 2017 subsections (1), (2), (3), and (4), and it is further agreed that such statement shall be made a part of the certificate of insurance furnished by the Consultant to the City. Evidence of Insurance. All insurance, with the exception of Professional Liability Insurance, shall be written on an occurrence basis. Professional Liability Insurance may be written on a claims -made basis. In addition, the following requirements shall be met: a) Consultant shall furnish the City a certificate or certificates of insurance showing the type, amount, effective dates and date of expiration of the policies. Certificates of insurance shall include any insurance deductibles. b) The Consultant shall notify the City in writing within five (5) calendar days if any of the insurance coverages or policies are cancelled or materially altered and Consultant shall immediately replace such policies and provide documentation of such to the City. C) The required insurance policies and coverages, excluding those for Workers Compensation and Professional Liability, shall name the City of Roanoke, its officers, agents, volunteers and employees as additional insureds, and the certificate of insurance shall show if the policies provide such coverage. 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. Additional insured and waiver endorsements shall be received by Roanoke Risk Management from the insurer within 30 days of the beginning of this contract. The City's Risk Manager may approve other documentation of such insurance coverages. d) Insurance coverage shall be in a form and with an insurance company approved by the City which approval shall not be unreasonably withheld. Any insurance company providing coverage under this Contract shall be authorized to do business in the Commonwealth of Virginia. J. The Consultant agrees to and shall indemnify and hold harmless Owner and its officers, agents, volunteers, and employees against any and all liability, losses, damages, claims, causes of action, suits of any nature, cost, and expenses, including reasonable attorney's fees, resulting from or arising out of Consultant's or agent's, subcontractor's and /or subconsultant's negligent activities or omissions on or near any of the Owner's property or easements involved in this Project or arising out of or resulting from Consultant's negligence in providing any of the services under this Contract, including, without limitation, fines and penalties, violations of federal, state, or local laws, or regulations promulgated thereunder, or any personal injury, wrongful death, or property damage claims of any type. Draft September 10, 2017 K. While on Owner's property and in its performance of this Contract, Consultant or it's agents, subcontractor's and /or subconsultant's shall not transport, dispose of, or release any hazardous substance, material, or waste, except as necessary in performance of its work under this Contract and Consultant shall comply with all federal, state, and local laws, rules, regulations, and ordinances controlling air, water, noise, solid wastes, and other pollution, and relating to the storage, transport, release, or disposal of hazardous materials, substances, or waste. Regardless of Owner's acquiescence, Consultant agrees to and shall indemnify and hold Owner, its officers, agents, volunteers, and employees harmless from all costs, damages, liabilities, fines, or penalties, including attorney's fees, resulting from violation of this paragraph and agrees to reimburse Owner for all costs and expenses incurred by Owner in eliminating or remedying such violations. Consultant also agrees to reimburse Owner and hold Owner, its officers, agents, volunteers, and employees harmless from any and all costs, damages, expenses, attorney's fees and all penalties or civil judgments obtained against any of them as a result of Consultant's or it's agents, subcontractors and /or subconsultants use or release of any hazardous material, substance, or waste onto the ground or otherwise, or into the water or air from or upon or near Owner's property or easements. L. The provisions, requirements, and prohibitions as contained in Sections 2.2 - 4367 through 2.2 - 4377 of the Virginia Code (Ethics in Public Contracting), pertaining to bidders, offerers, contractors, and subcontractors are applicable to this Project. SECTION 6. SPECIAL PROVISIONS. A. If any of the services furnished under this Contract by the Consultant are furnished by obtaining such services outside the Consultant's organization, the Consultant shall provide an executed contract between the person(s) or firm and the Consultant and shall outline the services to be performed and the charges for the same. Such contracts shall be subject to approval by the Owner. Two copies of the executed contract shall be submitted to the Owner for approval prior to the services being performed. Approval shall not be unreasonably withheld. The Consultant shall be solely responsible for all costs and expenses in connection with any such contracts. B. The Owner shall make available to the Consultant all reasonable technical data that is in the Owner's possession, including maps, surveys, property descriptions, borings, and other information requested by the Consultant and relating to its work. The Owner and the Consultant agree that the Owner may decide in its sole discretion the reasonableness of any information requested by the Consultant. The Owner shall designate, in writing to the Consultant, the name of the Owner's Project manager for the Project. C. The Consultant shall review Map Plan #6129 for locations of archeological sites within the City of Roanoke and shall notify the Owner of any potential conflicts between the proposed Project and such sites. D. The Owner shall pay for the following: (1) publishing costs for advertisements of notices, public hearings, requests for bids, and other similar items; (2) for all permits and licenses that may be required by local, state, or federal authorities; and (3) for the necessary land, easements, and rights -of -way required for the Project. E. The Owner, at any time, may order the Consultant to immediately stop work on the Contract, and /or by seven days written notice may terminate this Contract, with or {2128/03/00116899.DOCX;3 }58 Draft September 10, 2017 without cause, in whole or in part at any time. Upon receipt of such notice, the Consultant shall immediately discontinue all services affected (unless the notice directs otherwise), and deliver to the Owner all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by the Consultant in performing this Contract whether completed or in process. If the termination is due to the failure of the Consultant to fulfill any of its Contract obligations, the Owner may take over the work and prosecute the same to completion by Contract or otherwise. In such case, the Consultant shall be liable to the Owner for any damages allowed by law, and upon demand of Owner shall promptly pay the same to Owner. 2. Should the Contract be terminated not due in any way to the fault of the Consultant, the Consultant shall only be entitled to compensation for services actually performed prior to notice of termination and approved by the Owner and any applicable federal or state approving agency. No profit, overhead, or any other costs of any type are allowed after the date of such notice of termination. 3. The rights and remedies of the Owner provided in this Section are in addition to any other rights and remedies provided by law or under this Contract and Owner may pursue any and all such rights and remedies against Consultant as it deems appropriate. F. If the documents called for by the Contract are completed in accordance with criteria and /or decisions made by the Owner and such documents are substantially changed or revised, for any reason other than the fault of the Consultant in preparing same, then the Consultant shall be entitled to compensation as mutually agreed upon between the Owner and Consultant for rendering the services necessary to complete the changes. The amount of this fee shall be negotiated between the parties. The fee for the changes shall be due and payable when the revisions are approved by the Owner. If agreement cannot be reached between the parties for rendering such services, then the Owner can terminate the Contract without any liability of any type for any damages or compensation to the Consultant, and the Owner will owe nothing further to the Consultant. However, if such changes or revisions are due in any way to the fault of the Consultant, the Owner can require the Consultant to perform the services required under this Contract and make such changes and revisions without any additional charges by the Consultant and pursue such other remedies available to the Owner under this Contract or by law, or any combination of such remedies as the Owner deems appropriate. G. By virtue of entering into this Contract the Consultant submits itself to a court of competent jurisdiction in the City of Roanoke, Virginia, and further agrees that this Contract is controlled by the laws of the Commonwealth of Virginia and that all claims, disputes, and other matters shall only be decided by such a court according to the laws of the Commonwealth of Virginia. H. Consultant agrees that no payment, final or otherwise, nor partial or entire use, occupancy, or acceptance of the Project by the Owner shall be an acceptance of any professional services not in accordance with the Contract, nor shall the same relieve the Consultant of any responsibility for any errors or omissions in connection with the Project or operate to release the Consultant from any obligation under the Contract. {2128/03/00116899.DOCX;3 159 Draft September 10, 2017 The Consultant shall be fully responsible to the Owner for all acts and omissions of all succeeding tiers of subcontractors, agents, and subconsultants performing or furnishing any of the work just as the Consultant is responsible for its own acts and omissions. During the performance of this Contract, the Consultant agrees as follows: The Consultant will not discriminate against any subcontractor, 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 to the normal operation of the Consultant. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. 2. The Consultant, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, will state that such Consultant is an equal employment 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. 4. The Consultant 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. K. Consultant agrees that the City's waiver or failure to enforce or require performance of any term or condition of this Contract or the City's waiver of any particular breach of this Contract by the Consultant extends to that instance only. Such waiver or failure is not and shall not be a waiver of any of the terms or conditions of this Contract or a waiver of any other breaches of the Contract by the Consultant and does not bar the City from requiring the Consultant to comply with all the terms and conditions of the Contract and does not bar the City from asserting any and all rights and /or remedies it has or might have against the Consultant under this Contract or by law. L. If any provision of this Contract, 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 the Contract shall not be affected and all other terms and conditions of the Contract shall be valid and enforceable to the fullest extent permitted by law. M. (1) During the performance of this Contract, the Consultant agrees to (i) provide a drug -free workplace for the Consultant'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 Consultant'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 Consultant that the Consultant maintains a drug -free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractor or vendor. {2128/03/00116899.DOCX;3 }60 Draft September 10, 2017 (2) For the purpose 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. N. Pursuant to Virginia Code Section 2.2 - 4343.1 be advised that the City of Roanoke does not discriminate against faith -based organizations. O. The Consultant agrees that Consultant will comply with the requirements of Section 2.2- 4354 of the Va. Code regarding Consultant's payment to other entities and that Consultant will take one of the two actions permitted therein within seven (7) days after receipt of amounts paid to Consultant by the City. The Consultant agrees that Consultant shall indemnify and hold the City harmless for any lawful claims resulting from failure of the Consultant to make prompt payments to all persons supplying him equipment, labor, tools, or material in prosecution and completion of the Work provided for in the Contract. In the event of such claims, the City may, after providing written notice to the Consultant, withhold from any progress and /or final payment the unpaid sum of money deemed sufficient to pay all lawful claims and associated costs in connection with the Contract. P. Contractual claims, whether for money or for other relief, shall be submitted, in writing, no later than sixty (60) days after final payment; however, written notice of the Consultant's intention to file such claim must be given at the time of the occurrence or beginning of the work upon which the claim is based. Such notice is a condition precedent to the assertion of any such claim by the Consultant. A written decision upon any such claims will be made by the City Manager or her designee (hereafter City Manager) within thirty (30) days after submittal of the claim and any practically available additional supporting evidence required by the City Manager. The Consultant may not institute legal action prior to receipt of the City's decision on the claim unless the City Manager fails to render such decision within 120 days from submittal of its claim. The decision of the City Manager shall be final and conclusive unless the Consultant within six (6) months of the date of the final decision on a claim or from expiration of the 120 day time limit, whichever occurs first, initiates legal action as provided in Section 2.2- 4364, of the Va. Code. Failure of the Owner to render a decision within said 120 days shall not result in the Consultant being awarded the relief claimed nor shall it result in any other relief or penalty. The sole result of the Owner's failure to render a decision within said 120 days shall be Consultant's right to immediately institute legal action. No administrative appeals procedure pursuant to Section 2.2 -4365, of the Va. Code, has been established for contractual claims under this Contract. Q. Consultant shall comply with the provisions of Virginia Code Section 2.2- 4311.2, as amended, which provides that a Consultant organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 or as otherwise required by law. Consultant shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so required under Title 13.1 or Title 50, to be revoked or cancelled at any time during the term of the Contract. The City may void the Contract if the Consultant fails to remain in compliance with the provisions of this section. {2128/03/00116899.DOCX;3 }61 Draft September 10, 2017 R. This Contract is or may be subject to funding and /or appropriations from federal, state, and /or local governments and /or agencies and /or from the Council of the City of Roanoke. If any such funding is not provided, withdrawn, or otherwise not made available for the Contract, the Consultant agrees that the City may terminate the Contract on seven (7) days written notice to the Consultant, without any penalty or damages being incurred by the City. Consultant further agrees to and shall comply with any applicable requirements of any grants and /or agreements providing for such funding, including, but not limited to, any VDOT requirements. S. Consultant agrees that all reports and any other documents (including electronic data) prepared for, obtained in connection with, and /or required to be produced in connection with this Contract shall be delivered by the Consultant to the City and all such items shall become the sole property of the City. The Consultant agrees that the City shall own all rights of any type in and to all such items, including but not limited to copyrights and trademarks, and the City may reproduce, copy, and use all such items as the City deems appropriate, without any restriction or limitation on their use and without any cost or charges to the City from the Consultant. Consultant hereby transfers and assigns all such rights and items to the City. Consultant further agrees Consultant will take any action and execute any documents necessary to accomplish the provisions of this Section. The Consultant also warrants that Consultant has good title to all materials, equipment, documents, and supplies which it uses in the Work or for which it accepts payment in whole or in part. T. This Contract, including any attachments, exhibits, and referenced documents, constitutes the complete understanding between the parties. This Contract may be amended only by written instrument properly executed by the parties. SIGNATURE PAGE TO FOLLOW. {2128/03/00116899.DOCX;3 }62 Draft September 10, 2017 IN WITNESS WHEREOF, the parties hereto have signed this Contract by their authorized representatives. ATTEST / WITNESS: Printed Name and Title (SEAL) ATTEST / WITNESS: (Full Legal Name of Consultant) By Printed Name and Title CITY OF ROANOKE, VIRGINIA Printed Name and Title Printed Name and Title Appropriation and Funds Required for this Contract Certified Director /Deputy Director of Finance Date: Account #: Approved as to form: City Attorney /Assistant City Attorney Approved as to execution: City Attorney /Assistant City Attorney {2128/03/00116899.D0CX;3 }63 Draft September 10, 2017 EXHIBIT F TERMS AND CONDITIONS FOR CONSTRUCTION CONTRACT In addition to the terms and conditions set forth in this Exhibit F, the lowest responsive bidder for the construction contract shall provide the following items: a. Disclosure of any conflict of interest between the bidder and its employees with the City and its employees including immediate family members employed by the City, as required under Applicable Law; b. References for similar projects (municipalities preferred); Disclosure of any officer, director, partner or owner of the bidder currently debarred or enjoined from doing federal, state or local government work for any reason; d. Disclosure of any termination of a contract for cause; e. Disclosure of any failure in the last 10 years to abate citations for building code violations by a court or local building code appeals board. f. Disclosure of convictions or criminal charges in the last 10 years relating to contracting, construction, bidding, bid rigging, or bribery; g. Disclosure of final orders for willful and /or repeated violations in the last 3 years for failure to abate issues by United States Department of Labor OSHA), Virginia Department of Labor, or any other Governmental Entity; and h. Disclosure of any performance or payment bond claims paid by any surety on behalf of the bidder. CITY OF ROANOKE, VIRGINIA (2128/03/00116899.DOCX;3 )64 Draft September 10, 2017 SAMPLE CONTRACT THIS CONTRACT is dated , 20 , between ' hereinafter referred to as the "Contractor ", and the City of Roanoke, Virginia, a Virginia municipal corporation, hereinafter referred to as the "City" or "Owner "; RECITALS: WHEREAS, the Contractor has been awarded a contract by the City for all in a proper and timely manner and in accordance with the Contract Documents, hereinafter and in the Contract Documents referred to as the "Work "; [and] [WHEREAS, the Contractor has entered into a performance and a payment bond, with surety, each in the penalty of One Hundred Percent (100 %) of the Contract sum, payable to the City of Roanoke as required by the Contract Documents;] THEREFORE, in consideration of the terms and provisions set forth herein, the Parties agree that the above Recitals are incorporated into this Contract and made a part hereof and the Parties further agree as follows: ARTICLE 1. WORK TO BE PERFORMED AND DOCUMENTS. For and in consideration of the sums of money hereinafter specified to be paid by the City to the Contractor for the Work provided for in this Contract and in the Contract Documents to be performed by the Contractor, the Contractor hereby covenants and agrees with the City to fully construct, perform, and complete the Work in a good and workmanlike manner in accordance with this Contract and the Contract Documents to produce a fully functional and properly operating project within the time stipulated, time being made of the essence of this Contract. It is also agreed by the parties hereto that the Contract Documents consist of this Contract and those items set forth in the definition of Contract Documents in Section 1 of the General Conditions and includes the following, all of which are and constitute a part of this Contract as if attached hereto or set out in full herein, viz: Project Manual ITB# dated including: Invitation to Bid; Instructions to Bidders; General Conditions; Supplemental General Conditions, if any; Addendum No. dated {2128/03/00116899.DOCX;3 165 Draft September 10, 2017 Plans and Drawings; Specifications; Special Conditions or similar documents, if any; Bid Form completed by Contractor for this project; [Ordinance No. adopted Contractor's Performance Security; Contractor's Labor and Material Payment Security; [Escrow Agreement, if any.] ARTICLE 2. CONTRACT AMOUNT. The City agrees to pay the Contractor for the Contractor's complete, timely, and satisfactory performance of the Work, in the manner and at the times set out in the Contract Documents the Contract Amount (or Sum) of Dollars ($ ), as provided for in the Contract Documents and as the Contract Amount may be increased or decreased by additions and /or reductions in the Work or as the Contract Amount may be decreased by the City's assessment of liquidated damages against Contractor, or by setoff or as provided for in the Contract Documents or as allowed by law. ARTICLE 3. TIME OF COMMENCEMENT AND COMPLETION. The Contractor shall commence the Work to be performed under this Contract on such date as is established and fixed for such commencement by written notice to proceed given by the City Engineer to the Contractor, and the Contractor covenants and agrees to properly construct, perform, and substantially complete the Work within ( ) consecutive calendar days after the date of commencement fixed and established by such notice, and to achieve Final Acceptance within thirty (30) consecutive calendar days thereafter. The Contractor further agrees that the Work shall be started promptly upon receipt of such notice and shall be prosecuted regularly, diligently, and uninterruptedly at a rate of progress that will ensure full completion thereof in the shortest length of time consistent with the Contract Documents. ARTICLE 4. LIQUIDATED DAMAGES. City and Contractor recognize that time is of the essence in the completion of the Work and that the City will suffer loss or damages if the Work is not completed within the period of time stipulated above, plus any extensions thereof allowed in accordance with the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving the actual loss or damages suffered by City if the Work is not completed on time. Accordingly, if such Work is not fully and satisfactorily substantially completed within the period of time set forth in Article 3, the Contractor agrees it shall owe to and pay to City as liquidated damages for loss of City's full use or occupancy of the Work, but not as a penalty, the sum of {2128/03/00116899.DOCX;3 }66 Draft September 10, 2017 Dollars ($ ) for each consecutive calendar day during which substantial completion of the Work is delayed or exceeds the date of substantial completion identified in Article 3 of this Contract to complete the Work and then to reach Final Acceptance as set forth above to fully and satisfactorily complete the Work. Provided, however, if Final Acceptance is not achieved by the Contractor within such additional time period, then the above mentioned sum of liquidated damages shall be due and paid by the Contractor to the City as additional liquidated damages for each consecutive calendar day Contractor does not achieve such Final Acceptance. Liquidated damages are defined in Section 21 of the General Conditions. Contractor further agrees that any liquidated damages City assesses against Contractor may also be withheld by City from any retainage or other sums City may otherwise owe to Contractor. Contractor hereby waives any defense as to the validity of any liquidated damages stated herein on the grounds such liquidated damages could be void as penalties or are not reasonably related to actual damages. All such liquidated damages are in addition to any other damages the City may be entitled to recover from Contractor. ARTICLE 5. PAYMENT FOR WORK. Construction estimates for payment, including the final payment request, submitted by the Contractor shall be in accordance with the provisions of Sections 20, 21, and 22 of the General Conditions and such other provisions of the Contract Documents that may be applicable. Final payment will not be made until the Work has been fully and satisfactorily completed, the Contract duly performed, and a Certificate of Final Acceptance has been issued by the City Engineer, all as provided for in the Contract Documents. ARTICLE 6. NONWAIVER. Contractor agrees that the City's waiver or failure to enforce or require performance of any term or condition of this Contract or the City's waiver of any particular breach of this Contract by the Contractor extends to that instance only. Such waiver or failure is not and shall not be a waiver of any of the terms or conditions of this Contract or a waiver of any other breaches of the Contract by the Contractor and does not bar the City from requiring the Contractor to comply with all the terms and conditions of the Contract and does not bar the City from asserting any and all rights and /or remedies it has or might have against the Contractor under this Contract or by law. ARTICLE 7. FORUM SELECTION AND CHOICE OF LAW. This Contract shall be governed by, and construed in accordance with, the laws of the Commonwealth of Virginia, without application of Virginia's conflict of law provisions. Venue and any actions for any litigation, suits, and claims arising from or connected with this Contract shall only be proper in the Roanoke City Circuit Court, or in the Roanoke City General District Court if the amount in controversy is within the jurisdictional limit of such court, and all parties to this Contract voluntarily submit themselves to the jurisdiction and venue of such courts, regardless of the actual location of such parties. ARTICLE 8. SEVERABILITY. If any provision of this Contract, 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, {2128/03/00116899.DOCX;3 }67 Draft September 10, 2017 the remaining provisions of the Contract shall not be affected and all other terms and conditions of the Contract shall be valid and enforceable to the fullest extent permitted by law. ARTICLE 9. NONDISCRIMINATION. A. During the performance of this Contract, the Contractor agrees as follows: The Contractor will not discriminate against any Subcontractor, 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 to the normal operation of the Contractor. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. 2. The Contractor, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, will state that such Contractor is an equal employment opportunity employer. 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. B. The Contractor will include the provisions of the foregoing Subsections A (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. ARTICLE 10. FAITH -BASED ORGANIZATIONS. Pursuant to the Code of Virginia Section 2.2 - 4343.1, be advised that the City of Roanoke does not discriminate against faith -based organizations. ARTICLE 11. COMPLIANCE WITH FEDERAL IMMIGRATION LAW. Contractor agrees that Contractor does not, and shall not during the performance of this Contract, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986. ARTICLE 12. COMPLIANCE WITH STATE LAW, FOREIGN AND DOMESTIC BUSINESSES AUTHORIZED TO TRANSACT BUSINESS IN THE COMMONWEALTH OF VIRGINIA. Contractor shall comply with the provisions of Virginia Code Section 2.2- 4311.2, as amended, which provides that a contractor organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 or as otherwise required by law. Contractor shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so required under Title 13.1 or Title 50, to be {2128/03/00116899.DOCX3 }68 Draft September 10, 2017 revoked or cancelled at any time during the term of the Contract. The City may void the Contract if the Contractor fails to remain in compliance with the provisions of this section. ARTICLE 13. CONTRACT SUBJECT TO FUNDING. This Contract is or may be subject to funding and /or appropriations from federal, state and /or local governments and /or agencies and /or from the Council of the City of Roanoke. If any such funding is not provided, withdrawn, or otherwise not made available for this Contract, the Contractor agrees that the City may terminate this Contract on 7 days written notice to Contractor, without any penalty or damages being incurred by the City. Contractor further agrees to comply with any applicable requirements of any grants and /or agreements providing for such funding. ARTICLE 14. HEADINGS. The captions and headings in this Contract are for convenience and reference purposes only and shall not affect in any way the meaning and interpretation of this Contract. ARTICLE 15. COUNTERPART COPIES. This Contract may be executed in any number of counterpart copies, each of which shall be deemed an original, but all of which together shall constitute a single instrument. ARTICLE 16. CONSTRUCTION OF TERMS. The terms and conditions in all parts of this Contract shall be in all cases construed according to their fair meaning and not strictly for or against any party. ARTICLE 17. NOT USED. ARTICLE 18. ENTIRE CONTRACT. This Contract, including any attachments, exhibits, and referenced documents, constitutes the complete understanding between the parties. This Contract may be modified only by written agreement properly executed by the parties. SIGNATURE PAGE TO FOLLOW {2128/03/00116899.DOCX;3 169 Draft September 10, 2017 IN WITNESS WHEREOF, the parties hereto have signed this Contract by their authorized representatives. Attest/Witness: Typed or Printed Name and Title Attest/Witness: Typed or Printed Name and Title Appropriation and Funds Required for this Contract Certified Director /Deputy Director of Finance Date: Account #: Typed Legal Name of Contractor By President/Vice- President; Partner or Owner Typed or Printed Name and Title (Contractor's Corporate Seal) CITY OF ROANOKE, VIRGINIA Typed or Printed Name and Title Approved as to form: City Attorney /Assistant City Attorney Approved as to execution: City Attorney /Assistant City Attorney {2128/03/00116899.DOCX;3 }70 Draft September 10, 2017 CITY OF ROANOKE, VIRGINIA GENERAL CONDITIONS TABLE OF CONTENTS SECTION 1. DEFINITIONS SECTION 2. INDEMNITY PROVISION SECTION 3. REGULATIONS AND PERMITS SECTION 4. CONTRACTORS' AND SUBCONTRACTORS' INSURANCE SECTION 5. EMPLOYMENT AND CONDUCT OF PERSONNEL SECTION 6. EMPLOYMENT DISCRIMINATION BY CONTRACTOR PROHIBITED SECTION 7. SUBCONTRACTORS SECTION 8. CONDITIONS AT SITE SECTION 9. SURVEYS AND LAYOUT SECTION 10. DRAWINGS AND SPECIFICATIONS SECTION 11. SCHEDULE OF THE WORK SECTION 12. CONSTRUCTION SUPERVISION SECTION 13. STANDARDS FOR MATERIAL INSTALLATION AND WORKMANSHIP SECTION 14. SUBMITTALS SECTION 15. INSPECTION AND INDEPENDENT TESTING SECTION 16. USE OF PREMISES AND REMOVAL OF DEBRIS SECTION 17. PROTECTING PERSONS AND PROPERTY SECTION 18. DAMAGES TO THE WORK AREA SECTION 19. CHANGES IN THE WORK SECTION 20. PAYMENT FOR WORK {2128/03/00116899.DOCX;3 }71 Draft September 10, 2017 SECTION 21. LIQUIDATED DAMAGES SECTION 22. INSPECTION FOR SUBSTANTIAL COMPLETION AND FINAL ACCEPTANCE SECTION 23. WARRANTY OF MATERIAL AND WORKMANSHIP SECTION 24. GUARANTEE OF WORK SECTION 25. STOP WORK ORDER SECTION 26. TERMINATION OF CONTRACT FOR CAUSE SECTION 27. TERMINATION FOR CONVENIENCE OF CITY SECTION 28. PRECONSTRUCTION CONFERENCE SECTION 29. PROJECT SIGN(S) SECTION 30. ASSIGNMENTS SECTION 31. CONTRACTUAL DISPUTES REMAINDER OF PAGE INTENTIONALLY LEFT BLANK {2128/03/00116899.DOCX;3 }72 Draft September 10, 2017 CITY OF ROANOKE, VIRGINIA GENERAL CONDITIONS SECTION 1. DEFINITIONS Whenever used in these General Conditions or in the Contract Documents, the following terms have the meanings indicated, which are applicable to both the singular and plural and the male and female gender thereof, and where applicable to any other legal entity such as a corporation, partnership, limited liability company, etc. The section and paragraph headings are inserted for convenience only. Architect, Engineer, Architect /Engineer or A/E: The term used to designate the Architect and /or the Engineer who contracts with the City to provide the Architectural and Engineering services for the project. The Architect/Engineer is a separate Contractor and is referred to herein as the Architect/Engineer or abbreviated as A/E. The term includes any associates or consultants employed by the firm to assist in providing the A/E services. Bidder: The person, firm, corporation, or other entity interested in submitting a bid for the Work to be performed. Change Order: A document issued by the City Engineer on or after the effective date of the Contract which is agreed to by the Contractor and approved by the City, and which authorizes an addition, deletion, or revision in the Work, including any adjustment in the Contract Price and /or the Contract Time. City or Owner: The City of Roanoke, Virginia, or its authorized representative. City Code: Refers to the Code of the City of Roanoke (1979), as amended. City Engineer: The City Engineer or his authorized representative. City Manager: The City Manager or his authorized representative. Code of Virginia: Refers to the Code of Virginia (1950), as amended. (Sometimes referred to as Va. Code or Virginia Code.) Contract Documents: These documents include, but are not limited to, the Project Manual, Invitation to Bid, the Instructions to Bidders, the Bid Form, the Contract, the Bonds or other Bid Security, the Escrow Agreement, the General Conditions, Supplemental General Conditions, Special Conditions, the Specifications, Addenda or Change Orders, the Plans and Drawings, any Supplemental Drawings, and any additional documents incorporated by reference in the above. Contract: The written agreement between the parties concerning the performance of the Work and consisting of the Contract Documents. Contractor: The person, firm, corporation, or other entity entering into a contractual agreement with the City to perform the Work. {2128/03/00116899.DOCX;3 }73 Draft September 10, 2017 Defect, Defective, or Deficient: An adjective or noun which when modifying or referring to the word Work refers to Work or any part thereof that is unsatisfactory, faulty, or does not conform to the Contract Documents, or does not meet the requirements of any inspections, standards, tests, or approvals referred to in the Contract Documents. Document(s): This term includes, but is not limited to: writings, drawings, items on which words, symbols, or marks are recorded; electronic data of any type; videotapes, recordings, photographs and negatives, digital or otherwise; and any other form of data, writing, or information compilation, however recorded or stored, and regardless of physical form or characteristics. Field Order: A written order issued by the City Engineer which clarifies the requirements of the Contract by giving a more complete expression of the drawings or specifications or other documents without any change in the design, the Contract price, or the Contract time. Final Acceptance: The City's acceptance of the project from the Contractor upon confirmation from the City Engineer and the Contractor that the project is apparently complete in accordance with the Contract requirements. Notice: All written notices, demands, instructions, claims, approvals, and disapprovals required to obtain compliance with the Contract requirements. Any written notice by either party to the Contract shall be sufficiently given if delivered to or at the last known business address of the person, firm, or corporation constituting the party to the Contract, or to his, her, their, or its authorized agent, representative, or officer. Notice to Proceed: A written notice given by the City at the City's discretion to the Contractor fixing the date on which the Contract time will commence for the Contractor to begin the prosecution of the Work in accordance with the requirements of the Contract Documents. Project Inspector: One or more individuals employed by the City to inspect the Work and /or to act as Resident Inspector to the extent required by the City. The City shall notify the Contractor of the appointment of such Project Inspector(s). Provide: Shall mean to furnish and install ready for its intended use. Subcontractor: A person, firm, partnership, corporation, or other entity having a direct contract with the Contractor or with any other Subcontractor for the performance of the Work. It includes one who provides on -site labor, but does not include one who only furnishes or supplies material for the project. Submittals: All drawings, diagrams, illustrations, brochures, schedules, samples, electronic data and other data required by the Contract Documents which are specifically prepared by or for the Contractor, Subcontractor, or Supplier, and submitted by the Contractor to illustrate the material, equipment, or layouts, or some other portion of the Work. Substantial Completion: The date certified by the City Engineer when construction is sufficiently complete, in accordance with the Contract Documents, so the City can occupy or utilize the Work or designated portion thereof for the purposes for which it is intended. Supplier: A manufacturer, fabricator, distributor, materialman, or vendor who provides only material or supplies for the project, but does not provide on -site labor. Utilities: Utilities include all public and private lines, cables, conduit, pipelines, and appurtenances, whether underground, on the surface, and /or aerial, that may exist on the project site and /or adjoining public streets and /or rights -of -way for the purpose of providing {2128/03/00116899.DOCX;3 174 Draft September 10, 2017 communications, gas, petroleum, electricity, water, sanitary sewer, storm sewer, drainage, energy, signals, or lighting service to the site or adjoining properties. Work or Proiect: The entire completed construction or the various separately identifiable parts thereof as required by the Contract Documents. Work is the result of performing services, furnishing labor, and furnishing and incorporating material and equipment into the construction. SECTION 2. INDEMNITY PROVISION 2.1 Indemnity: Contractor shall indemnify and hold harmless City and its officers, agents, and employees against any and all liability, losses, damages, claims, causes of action, suits of any nature, costs, and expenses, including reasonable attorney's fees, resulting from or arising out of Contractor's or its employees, agents, or subcontractors actions, activities, or omissions, negligent or otherwise, on or near City's property or easement or arising in any way out of or resulting from any of the work to be provided under this Contract, and this includes, without limitation, any fines or penalties, violations of federal, state, or local laws or regulations, personal injury, wrongful death, or property damage claims or suits, breach of contract claims, indemnity claims, and any other damages, losses, and /or claims of any type. 2.2 Hazardous Material: While on City's property or easement and in its performance of this Contract, Contractor shall not transport, dispose of or release any hazardous substance, material, or waste, except as necessary in performance of its Work under this Contract and in any event Contractor shall comply with all federal, state, and local laws, rules, regulations, and ordinances controlling air, water, noise, solid wastes, and other pollution, and relating to the storage, transport, release, or disposal of hazardous material, substances or waste. Regardless of City's acquiescence, Contractor shall indemnify and hold City, its officers, agents, and employees harmless from all costs, claims, damages, causes of action, liabilities, fines or penalties, including reasonable attorney's fees, resulting from Contractor's violation of this paragraph and agrees to reimburse City for all costs and expenses incurred by City in eliminating or remedying such violations. Contractor also agrees to reimburse City and hold City, its officers, agents, and employees harmless from any and all costs, expenses, attorney's fees and all penalties or civil judgments obtained against the City as a result of Contractor's use or release of any hazardous substance or waste onto the ground, or into the water or air from or upon City's premises. (See also Section 13.2 of these General Conditions.) 2.3 Patents: The Contractor shall protect, indemnify, and hold harmless the City from any and all demands for fees, claims, suits, actions, causes of action, or judgments based on the alleged infringement or violation of any patent, invention, article, trademark, arrangement, or other apparatus that may be used in the performance of the Contract or the Work. SECTION 3. LAWS, REGULATIONS, PERMITS, AND IMMIGRATION LAW 3.1 Regulations: The Contractor shall fully comply with all local, state, and federal ordinances, laws, and regulations, including without limitation all applicable building and fire code sections of the Occupational Safety and Health Act (OSHA), and the Virginia Uniform Statewide Building Code, and obtain all required licenses and permits, including business license, building permits, and pay all charges and expenses connected therewith. Contractor further agrees that Contractor does not, and shall not during the performance of this Contract, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986. 3.2 Permits: The Contractor shall, at its sole cost, obtain all required permits from the appropriate authorities, including a Right of Way Excavation Permit(s) from the City of Roanoke. Contractor shall obtain an additional separate Excavation Permit Bond(s) in accordance with the requirements of the City's Right of Way Excavation and Restoration {2128/03/00116899.DOCX;3 }75 Draft September 10, 2017 Standards. Revised July 1, 2013, together with any other documents and /or items that may be required by the City's Department of Public Works and /or Department of Planning, Building and Development. No delay or extension of time or any claim for additional compensation of any type shall be granted for failure to obtain any required permits. 3.3 Litter: In accordance with the Virginia Anti -Litter Law, receptacles sufficient to contain workmen's litter and construction wastes capable of being spread by wind or water shall be located on the construction site. The number and size of receptacles required shall be determined by the Contractor. 3.4 Asbestos License: The Contractor, if not licensed as an asbestos abatement contractor or a Roofing, Flooring, and Siding (RFS) contractor in accordance with Section 54.1- 514, of the Code of Virginia, shall have all asbestos related work performed by subcontractors who are duly licensed as asbestos contractors or RFS contractors as appropriate for the work required. SECTION 4. CONTRACTOR'S AND SUBCONTRACTOR'S INSURANCE Neither the Contractor nor any subcontractor shall commence work under this Contract until the Contractor has obtained and provided proof of the required insurance under this Section to the City, and such proof has been approved by the City. The Contractor confirms to the City that all subcontractors have provided the Contractor with proof of insurance, or will do so prior to commencing any work under this Contract. Contractor further warrants that proof of coverage as provided to the City responds on a primary basis in the event of an uninsured or underinsured subcontractor. All such insurance shall be primary and non - contributory to any insurance or self- insurance the City may have in force. 4.1 For All Contracts, the following minimum insurance requirements apply: a. Workers' Compensation and Employers' Liability: The Contractor shall obtain and maintain the following limits: Workers' Compensation: Statutory coverage for Virginia Employers' Liability: $100,000 Bodily Injury by Accident each occurrence $500,000 Bodily Injury by Disease Policy Limit $100,000 Bodily Injury by Disease each employee b. Commercial General Liability: Coverage is to be written on an "occurrence" basis and such coverage shall include broad form extension endorsements for both liability and property damage. Completed Operations coverage will be required to be maintained for the life of the Contract. For Limits of Liability see Sections 4.2 and 4.3 of these General Conditions. C. Automobile Liability: {2128/03/00116899.DOCX;3 }76 Draft September 10, 2017 Limits for vehicles owned, non - owned, hired or borrowed shall not be less than: • $1,000,000 Bodily Injury and Property Damage combined single limit per occurrence. d. Additional Insurance Requirements: Additional specific insurance coverage minimum requirements to be provided by Contractor may include the following or as detailed in the Supplemental General Conditions or in other Contract Documents: 1) Builders Risk: At the discretion of the City, the Contractor, at its cost, shall obtain and maintain in the names of the City and the Contractor "all- risk" builders risk insurance (if approved by the City) upon the entire structure or structures on which the Work of this Contract is to be done and upon all material in or adjacent thereto or those that are "off- site" but which are intended for use thereon, to one hundred percent (100 %) of the completed value thereof. 2) Property Coverage: Installation Floater (and Rigger's Form, if applicable) will be required for the installation of contents or equipment, coverage will begin with supplier and continue until equipment/contents has been fully installed. Floater will be valued for the replacement cost value of equipment/contents including all costs. The Contractor shall provide coverage for portions of the work stored off -site after written approval of the City at the value established in the approval and for portions of the work in transit. 3) Special Hazards: In the event special hazards are evident in the work contemplated, or if required by the Contract Documents, the Contractor shall obtain and maintain during the life of the Contract a rider to the policy or policies required, in an amount not less than that stipulated under the above Paragraphs. Should any unexpected special hazards be encountered during the performance of this Contract, the Contractor shall, prior to performing any work involving the special hazard, immediately obtain this insurance as instructed by the City. In the event the special hazard requiring the additional coverage was not a part of the original bid, the expense of such insurance shall be reimbursed to the Contractor by the City, otherwise the Contractor shall assume full responsibility for the purchase with no charge back to the City. 4) Deductible: Deductible /self- insured retention amounts shall be reduced or eliminated upon written request from City. The insurer's cost of defense (and appeal), including attorney's fees, shall not be included within the coverages provided but shall remain the insurer's responsibility. 5) Term: Insurance shall remain in effect until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective work. 6) Limit of Liability: Nothing contained in these insurance requirements is to be construed as limiting the liability of Contractor or Contractor's insurance carriers. City does not in any way represent that the coverages or the limits of insurance specified is sufficient or adequate to protect Contractor's interests or liabilities, but are merely minimums. The obligation of the Contractor to purchase insurance herein shall not in any way limit the obligation of the Contractor in any event and /or in the event that the City should suffer an injury or loss in excess of the amount recoverable through insurance. 4.2 Contracts of $100,000 or More: The following minimum insurance requirements apply in addition to the above requirements: a. Limits of Liability: For the Commercial General Liability policy: {2128/03/00116899.DOCX;3 }77 Draft September 10, 2017 • $2,000,000 general aggregate • $1,000,000 products /completed operations aggregate • $1,000,000 personal and advertising injury • $1,000,000 each occurrence Coverage is to be written on an "occurrence" and "per project" basis and such coverage shall include: b. Umbrella Liability Insurance: This coverage shall be written for minimum limit of: • $5,000,000 each occurrence for Personal and Bodily Injury and Property Damage This Policy shall apply in excess and follow the form of employer's liability, commercial general liability, and auto liability. 4.3 Contracts Less Than $100,000: The following minimum insurance limits apply unless specified otherwise in the Supplemental General Conditions: a. Limits of Liability: For the Commercial General Liability policy: • $1,000,000 general aggregate • $1,000,000 products /completed operations aggregate • $1,000,000 personal and advertising injury • $1,000,000 each occurrence 4.4 Proof of Insurance Coverage: The policies of insurance required by Sections 4.1, 4.2, or 4.3 shall be purchased from a reputable insurer licensed to do business in Virginia and maintained for the life of the Contract by the Contractor. Other insurance requirements include the following: a. The Contractor shall furnish the City with the required certificates of insurance showing the insurer, type of insurance, policy number, policy term, deductible, and the amount insured for property coverages and the limits for liability coverages. b. The Contractor shall notify the City Engineer and Risk Manager in writing within five (5) consecutive calendar days if any of the insurance coverages or policies are cancelled or materially altered and Contractor shall immediately replace such policies and provide documentation of such to the City Engineer and Risk Manager. C. The required insurance policies and coverages, excluding those for Workers' Compensation and Professional Liability, shall name the City of Roanoke, its officers, agents, volunteers and employees as additional insureds, and the certificate of insurance shall show if the policies provide such coverage. Waiver of subrogation is required with respect to any policy of workers' compensation and employers' liability insurance required under this Section. The certificate of insurance shall show if the policies provide such waiver. Additional insured and waiver endorsements shall be received by the City's Risk Manager from the insurer with the certificate of insurance unless the City's Risk Manager agrees to another process. The City's Risk Manager may approve other documentation of such insurance coverages. d. Insurance coverage shall be in a form and with an insurance company approved by the City which approval shall not be unreasonably withheld. Any insurance company providing {2128/03/00116899.DOCX;3 }78 Draft September 10, 2017 coverage under this Contract shall be authorized to do business in the Commonwealth of Virginia. SECTION 5. EMPLOYMENT AND CONDUCT OF PERSONNEL 5.1 City Residents: The Contractor is encouraged to try to use City residents, and local, Small, Minority- Owned, Women- Owned, and Service Disabled Veteran -Owned businesses, when practical. 5.2 Employee Qualifications: Only skilled and reliable workers shall be employed for the Work. Should any person employed on the Work by the Contractor appear to the City Engineer to be incompetent, unable to perform the Work, or disorderly, such person shall be removed from the Work immediately upon proper notice to the Contractor from the City Engineer and such person shall not again be used for this Contract. 5.3 Superintendence: The Contractor shall have a competent foreman or superintendent, satisfactory to the City Engineer, on the jobsite at all times during the progress of the Work. The Contractor shall notify the City, in writing, of any proposed change in the foreman or superintendent including the reason therefore prior to making such change. 5.4 Drug -free Workplace: During the performance of this Contract, the Contractor agrees to (i) provide a drug -free workplace for the Contractor'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 Contractor'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 Contractor that the Contractor maintains a drug -free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractor or vendor. For the purpose 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. The Contractor shall post a copy of the policy in a conspicuous place at the jobsite and assure that all Contractor, subcontractor, and supplier personnel entering the jobsite are informed of the policy. SECTION 6. EMPLOYMENT DISCRIMINATION BY CONTRACTOR PROHIBITED Every Contract of over $10,000 to which the City is a party shall contain the provisions in Sections 6.1 and 6.2 herein: 6.1 Nondiscrimination: During the performance of this Contract, the Contractor agrees as follows: a. The Contractor will not discriminate against any Subcontractor, 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 {2128/03/00116899.DOCX;3 }79 Draft September 10, 2017 bona fide occupational qualification reasonably necessary to the normal operation of the Contractor. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. b. The Contractor, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, will state that such Contractor is an equal employment opportunity employer. C. 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. 6.2 Nondiscrimination by Subcontractor or Vendor: The Contractor will include the provisions of the foregoing Subsections 6.1 (a), (b), and (c) in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. SECTION 7. SUBCONTRACTORS 7.1 Licensure: The Contractor shall comply with Title 54.1, Chapter 11, of the Code of Virginia, with respect to licensure of itself and all subcontractors employed to work on the project. The Contractor represents that it has verified that all subcontractors hold all required state and local licenses, including State Contractor's license and City business license. The Contractor shall verify that any additional subcontractors employed to work on the project, subsequent to the initial verification, hold all required state and local licenses, including State Contractor's license and City business license. Upon request from the City Engineer, Contractor shall provide documentation of compliance with this Section 7.1. Failure to comply constitutes a material breach of the Contractor's Contract with the City. 7.2 Change of Subcontractors: Subcontractors shall not be changed without the written approval of the City Engineer. 7.3 Responsibility for Subcontractors: The Contractor shall not employ for the project any subcontractor that the City may, within a reasonable time, object to as unsuitable. The Contractor further agrees that it is as fully responsible to the City for the acts and omissions of its subcontractors, suppliers, and invitees on the jobsite and of persons either directly or indirectly employed by them, as the Contractor is for the acts and omissions of persons directly employed by it. SECTION 8. CONDITIONS AT SITE 8.1 Existing Conditions: The Contractor shall have visited the site prior to bidding and is responsible for having ascertained pertinent local conditions such as location, accessibility, and general character of the site, and the character and extent of existing improvements and work within or adjacent to the site. Claims as a result of failure to have done so will not be considered by the City and will be the sole responsibility of the Contractor. 8.2 Hidden Conditions: If, in the performance of the Contract, hidden physical conditions of a building being modified are exposed revealing unusual or materially different conditions than those ordinarily encountered or inherent in work of this nature, or if subsurface or latent conditions at the site are found which are materially different from those frequently present in the locality, from those indicated in the Contract Documents, or from those inherent in work of the character required by the Contract, the Contractor must report such conditions to the City Engineer before the conditions are disturbed. Upon such notice, or upon his own observation of {2128/03/00116899.DOCX;3 }80 Draft September 10, 2017 such conditions, the City Engineer will make such changes in the Contract Documents as he finds necessary to conform to the different conditions. Any change in the cost of the Work or the time needed for completion must be requested pursuant to Section 19 of these General Conditions. 8.3 Suspected Hazardous Material: If the Contractor, during the course of the project, observes the existence of any material which it suspects or knows to be hazardous to human health or the environment, the Contractor shall promptly notify the City Engineer. The City Engineer will provide the Contractor with instructions regarding the situation. The Contractor shall not perform any work involving the material or any work causing the material to be less accessible prior to receipt of special instructions from the City Engineer. SECTION 9. SURVEYS AND LAYOUT 9.1 Surveying Services: All necessary drawings showing the location of property lines, buildings, and other appropriate information shall be furnished to the Contractor through the drawings and specifications. The Contractor shall provide competent surveying and engineering services to verify the given information and to execute the Work in accordance with the Contract requirements and shall be responsible for the accuracy of Contractor's surveying and engineering services. The Contractor shall immediately notify the City Engineer of any discrepancies and confirm such notice in writing within five (5) calendar days. 9.2 Survey Control: Such general reference points and bench marks on the building site as will enable the Contractor to proceed with the Work will be established in the drawings and specifications. If the Contractor finds that any previously established reference points have been lost or destroyed, Contractor shall promptly notify the City Engineer. 9.3 Damage to Survey Control: The Contractor shall protect and preserve the established bench marks and monuments and shall make no changes in locations without written notice to and approval from the City Engineer. Any of these which may be lost or destroyed or which require shifting because of necessary changes in grades or locations shall, subject to prior approval from the City Engineer, be replaced and accurately located by the Contractor. SECTION 10. DRAWINGS AND SPECIFICATIONS 10.1 Drawings and Specifications: The general character and scope of the Work are illustrated by the drawings and specifications. Where on any of the drawings a portion of the Work is drawn out and the remainder is indicated in outline, the parts drawn out shall apply also to all other like portions of the Work. If the Contractor deems additional detail or information to be needed, Contractor may request the same in writing from the City Engineer. The Contractor shall carry out the Work in accordance with the drawings and specifications and any additional detail drawings and instructions as issued by the City Engineer. However, Contractor shall immediately notify the City Engineer of any discrepancies in such drawings and /or specifications and confirm such notice in writing within five (5) calendar days. 10.2 Discrepancies in Drawings: In case of difference between small and large scale drawings, the large scale drawings shall govern, unless otherwise directed in writing by the City Engineer. 10.3 "Similar ": Where the word "similar" appears on the drawings, it shall be interpreted in its general sense and not as meaning identical, and all details shall be worked out in relation to their location and their connection with other parts of the Work. 10.4 Division of Specifications: The specifications are divided into several parts for convenience only, since the entire specifications must be considered as a whole. The divisions {2128/03/00116899.DOCX;3 }81 Draft September 10, 2017 of the specifications are not intended to control the Contractor in dividing the work among subcontractors or to limit the work performed by any trade. The Contractor shall be responsible for the coordination of the trades, subcontractors, and vendors engaged upon this Work. 10.5 Dimension Accuracy: Measurements or dimensions shown on the drawings for site features, utilities, and structures shall be verified at the site by the Contractor. The location of underground utilities indicated on the plans are diagrammatic and were plotted from available records and field survey information and shall be considered approximate only, and the City makes no representations with regard to their accuracy. The Contractor shall not scale measurements or dimensions from the drawings. Where there are discrepancies, the City Engineer shall be consulted. Where new work is to connect to, match with, or be provided for existing work, the Contractor shall verify the actual existing conditions and related dimensions prior to ordering or fabrication, so that such new work will properly fit with existing work. 10.6 As -Built Drawings: The Contractor shall maintain at the site for the City one copy of all drawings, specifications, addenda, approved shop or setting drawings, change orders, field deviations, and other documents or modifications (referred to herein as "As -Built Drawings ") in good order and marked to record all changes as they occur during construction. These shall be available to the City Engineer, the Project Inspector, and the City's testing personnel. These "As -Built Drawings" shall be neatly and clearly marked in color during construction to record all variations from the drawings made during construction. The representation of such variations shall include such supplemental notes, symbols, legends, documents, and details as may be necessary to clearly show the as -built construction. 10.7 Record Drawings: Upon completion of the Work and prior to Final Acceptance, the Contractor shall deliver to the City Engineer, for preparation of the Record Drawings, one complete set of "As -Built Drawings" and documents referred to in Section 10.6 as well as an electronic copy, if available, or if requested by the City Engineer. SECTION 11. SCHEDULE OF THE WORK 11.1 Scheduling: The Contractor is responsible for the sequencing, scheduling, and coordinating of the Work, for monitoring the progress of the Work, and for taking appropriate action to keep the Work on schedule. The Contractor is responsible for coordinating Contractor's work on the Project with any other work being carried on by the City or by other City consultants or contractors at the site or for the Project. The Contractor shall prepare and submit to the City Engineer a schedule for accomplishing the Work based upon the completion time stated in the Contract and submit such to the City Engineer at the pre- construction conference. No progress payments will be made to the Contractor until after Contractor has submitted a schedule which is acceptable to the City Engineer. All schedules under Section 11 shall be in both paper and electronic form unless otherwise directed by the City Engineer. 11.2 Progress: The Contractor shall review the progress of the Work not less than each month, but as often as necessary to properly manage the project and stay on schedule. The Contractor shall collect and preserve information on Change Orders, including extensions of time. The Contractor shall evaluate this information and update the schedule monthly to finish within the contractually allowed time. The Contractor shall submit the updated schedule with each progress payment request. The scheduled completion date shall be within the period of time allowed by the Contract for completion of construction, except as amended by any Change Orders. 11.3 Delay and Recovery Schedule: Should there be any delay, the City Engineer may require the Contractor to prepare, at no extra cost to the City, a plan of action and a recovery schedule for completing the Work by the contractual completion date. The plan of action and recovery schedule shall explain and display how the Contractor intends to regain compliance with the original schedule. The plan of action and recovery schedule, when required, shall be submitted and approved by the City Engineer prior to Contractor's submission of the next {2128/03/00116899.DOCX;3 182 Draft September 10, 2017 monthly construction estimate. The City may withhold progress payments until such schedule is submitted and approved. SECTION 12. CONSTRUCTION SUPERVISION The Contractor shall be solely responsible to supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract. The Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. The Contractor is solely responsible to the City that the finished Work complies with the Contract Documents. The Contractor shall be solely responsible for health and safety precautions and programs for workers and others in connection with the Work. No inspection by, knowledge on the part of, or acquiescence by the City, or any other entity whatever shall relieve the Contractor from its sole responsibility for compliance with the requirements of the Contract or responsibility for health and safety programs and precautions. SECTION 13. STANDARDS FOR MATERIAL INSTALLATION AND WORKMANSHIP 13.1 Material and Equipment: Unless otherwise specifically provided in this Contract, all equipment, material, and accessories incorporated in the Work are to be new and in first class condition. The Contractor shall furnish to the City Engineer for approval the name of the manufacturer, the model number, and other identifying data and information respecting the performance, capacity, nature, and rating of the machinery and mechanical and other equipment which the Contractor contemplates incorporating in the Work. Machinery, equipment, material, and articles installed or used without required approval may be subject to subsequent rejection by the City. 13.2 Hazardous Substances: Unless specifically approved by the City or required by the specifications, the Contractor shall not incorporate any material into the Work containing asbestos or any material known by the Contractor to contain a substance known to be hazardous to human health. If the Contractor becomes aware that a material required by the specifications contains asbestos or other hazardous substances, it shall notify the City and the City Engineer immediately and shall take no further steps to acquire or install any such material without first obtaining City approval. (See also Sections 2.2 and 8.3 of these General Conditions.) 13.3 Workmanship: The workmanship shall be of the highest quality found in the building industry in every respect. All items of Work shall be done by workmen skilled in the particular task to which they are assigned. In the acceptance or rejection of work, no allowance will be made for lack of skill on the part of workmen. Poor or inferior workmanship (as determined by the City Engineer, the City, or other inspecting authorities) shall be removed and replaced to conform to the highest quality standards of the trades concerned, or otherwise corrected to the satisfaction of the City Engineer, the City, or other inspecting authority all at the Contractor's sole expense. 13.4 Instructions for Installation: Under the various sections of the specifications, where specified items are supplied with the manufacturer's printed instructions, recommendations, or directions for installation, or where such instructions, recommendations, or directions are available, installation of the specified items shall be in strict accordance with the manufacturer's printed instructions unless those instructions contradict the drawings or specifications, in which case the City Engineer will be notified by Contractor for an interpretation and decision. 13.5 Installation Procedures Without Instructions: Where neither the manufacturer's printed instructions are available for installation of specific items, nor are specific code or standards given by reference to govern the installation of specific items; and where there is {2128/03/00116899.DOCX;3 }83 Draft September 10, 2017 doubt concerning the installation procedures to be followed or the quality of workmanship to be maintained in the installation of specific items, the Contractor shall consult the City Engineer for approval of the installation procedures Contractor proposes to follow or the specific standards governing the quality of workmanship Contractor proposes to maintain during the installation of the items in question. 13.6 Codes and Standards: Under the various sections of the specifications, where reference is made to specific codes or standards governing the installation of specified items, installation shall in all cases be in strict accordance with the referenced codes and standards. Where no reference is made to specific codes or standards, installation shall conform to the generally recognized applicable standards for first -class installation of the specific item to be installed. Contractors are expected to be proficient and skilled in their respective trades and knowledgeable of the National Fire Protection Association (NFPA), the current edition of the Virginia Uniform Statewide Building Code (USBC) and its referenced technical codes and standards, Occupational Safety and Health Act (OSHA) and other codes and standards applicable to installations and associated work by its trade and /or that are applicable to the Work. SECTION 14. SUBMITTALS 14.1 General: The Contractor shall submit for the approval of the City Engineer all submittals required by the specifications or requested by the City Engineer. All such submissions shall be made with such promptness as to cause no delay in this or any other part of the project, and to allow reasonable time for checking, correcting, resubmitting, and recorrecting. No part of the Work dealt with by a submittal shall be fabricated by the Contractor, save at Contractor's own risk, until such approval has been given. The Contractor shall maintain one (1) set of approved submittals at the jobsite at all times. 14.2 Format: Submittals shall be made in such number of copies that two (2) approved copies may be retained by the City Engineer. Each submission shall be accompanied by a letter of transmittal listing the contents of the submission and identifying each item by reference to specification section or drawings. All submittals shall be clearly labeled with the name of the project and other necessary information. Catalog plates and other similar material that cannot be so labeled conveniently, shall be bound in suitable covers bearing the identifying data. 14.3 Supporting Material: Submittals shall be accompanied by all required certifications and other such supporting material and documents, and shall be submitted in such sequence or in such groups that all related items may be checked together. When submittals cannot be checked because the submission is not complete, or because submittals on related items have not been received, then such submittals will be returned without action or will be held, not checked, until the material which was lacking is received. 14.4 Coordination: Submittals shall have been reviewed by the Contractor and coordinated with all other related or affected work before they are submitted for approval, and shall bear the Contractor's certification that it has checked and approved them as complying with the information given in the Contract Documents. Submittals made without such certification and coordination will be returned to the Contractor without action, and will not be considered a formal submission. The Contractor shall be responsible for checking all dimensions and coordinating all material and trades to ensure that the material proposed will fit in the space available and be compatible with other material provided. 14.5 Variations: If the submittals show variations from the Contract Documents because of standard shop practice or other reasons, the Contractor shall make specific mention of such variation in Contractor's letter of transmittal in order that, if acceptable, suitable action may be taken for proper adjustment; otherwise the Contractor will not be relieved of the responsibility for 12128/03/00116899.DOCX;3 184 Draft September 10, 2017 executing the Work in accordance with the Contract Documents even though such submittals have been approved. 14.6 "Or Equal ": The drawings and /or specifications may indicate that the City Engineer designed or detailed a portion of the plans around a particular product (most commonly a piece of equipment). Should a different product be proposed by the Contractor and accepted, all modifications, rerouting, relocations, and variations required for proper installation and coordination to comply with the design concept and requirements of the Contract Documents shall be the sole responsibility of the Contractor and shall be made at no extra cost to the City. This naming of a particular product, around which the plans were designed or detailed, is not intended to preclude the use of other products or favor the product named when a "brand name or equal' specification has been used. (See also Section 10 of Instructions to Bidders.) Rather it is only intended to acknowledge the reality that in many instances the City Engineer must design around the dimensions and characteristics of a particular product. 14.7 Review by City Engineer: The City Engineer will review and respond to the submittals within fourteen (14) calendar days. Checking and /or approval of submittals will be for general conformance with the design concept of the project and compliance with the information given in the Contract Documents, and will not include verification of quantities, detailed dimensions, nor adjustments of dimensions to actual field conditions. Approval shall not be construed as permitting any departure from Contract requirements, authorizing any increase in price or time for completion or relieving the Contractor of the responsibility for any error in details, dimensions, or otherwise that may exist. 14.8 The Work shall be in accordance with approved submittals. SECTION 15. INSPECTION AND INDEPENDENT TESTING 15.1 Inspection and Testing: All material and workmanship shall be subject to inspection, examination, and testing by the City Engineer at any and all times during manufacture and /or construction. The City Engineer shall have authority to reject defective material and workmanship and require its correction. Rejected workmanship shall be satisfactorily corrected and rejected material shall be satisfactorily replaced with proper material without charge therefore, and the Contractor shall promptly segregate and remove the rejected material from the premises. If the Contractor fails to proceed at once with replacement of rejected material and /or the correction of defective workmanship, the City may, by contract or otherwise, replace such material and /or correct such workmanship and charge the cost to the Contractor, and /or may terminate the right of the Contractor to proceed as provided in Sections 26 or 27 of these General Conditions, the Contractor and surety being liable for any damage to the same extent as provided for in those Sections. 15.2 Payment for Inspection, Testing, and Certification: a. Jobsite inspections, tests conducted on site, or tests of material gathered on site which the Contract requires to be performed by independent testing entities shall be contracted and paid for by the City. The Contractor shall promptly furnish, without additional charge, all reasonable facilities, labor, and material necessary for making such tests. Except as provided in Section 15.3 below, whenever such examination and testing finds defective material, equipment, or workmanship, the Contractor shall reimburse the City for the cost of reexamination and retesting. b. Although conducted by independent testing entities, the City will not contract and pay for tests or certifications of material, manufactured products or assemblies which the {2128/03/00116899.DOCX;3 }85 Draft September 10, 2017 Contract, codes, standards, etc. require to be tested and /or certified for compliance with industry standards such as Underwriters Laboratories, Factory Mutual or ASTM. If there are any fees to be paid for such tests and certifications, they shall be paid by the Contractor. C. The Contractor shall also pay for all inspections, tests, and certifications which the Contract specifically requires it to perform or pay, together with any inspections and tests which it chooses to perform for its own quality control purposes. 15.3 Examination of Completed Work: Should it be considered necessary or advisable by City or the City Engineer at any time before final acceptance of the entire Work to make an examination of any part of the Work already completed, by removing or tearing out portions of the Work, the Contractor shall on request promptly furnish all necessary facilities, labor, and material to expose the Work to be tested to the extent required. If such Work is found to be defective in any respect, due to the fault of the Contractor or its Subcontractors, Contractor shall pay for all the expenses of uncovering the Work, of examination and testing, and of satisfactory reconstruction. If, however, such Work is found to meet the requirements of the Contract, the actual cost of the Contractor's labor and material necessarily involved in uncovering the Work, the cost of examination and testing and Contractor's cost of material and labor necessary for replacement shall be paid to the Contractor and it shall, in addition, if completion of the Work has been delayed thereby, be granted a suitable extension of time. 15.4 Suspension of Work: The City may suspend the Work when in its judgment the drawings and specifications are not being followed. Any such suspension shall be issued in writing and continued only until the matter in question is resolved to the satisfaction of the City. The cost of any such Work stoppage shall be borne by the Contractor unless it is later determined that no fault existed in the Contractor's Work. 15.5 Project Inspector: Failure of the Project Inspector to note or require correction of improper or defective work does not relieve the Contractor from its responsibility to correct such improper or defective work. The Project Inspector has no authority to and shall not: a. Enter into the area of responsibility of the Contractor's superintendent; b. Issue directions relative to any aspect of construction means, methods, techniques, sequences or procedures, or in regard to safety precautions and programs in connection with the Work; C. Authorize or suggest that the City occupy the project, in whole or in part; or d. Issue a certificate for payment. SECTION 16. USE OF PREMISES AND REMOVAL OF DEBRIS 16.1 Jobsite Coordination: The Contractor shall perform the Contract in such a manner as not to interrupt or interfere with the operation of any existing activity on the premises or with the work of any other contractor. 16.2 Storage of Material: The Contractor shall store apparatus, material, supplies, and equipment in such orderly fashion at the site of the Work as will not unduly interfere with the progress of its Work or the work of any other contractor. 12128/03/00116899.DOCX;3 }86 Draft September 10, 2017 16.3 Jobsite Appearance: The Contractor expressly undertakes, either directly or through its Subcontractor(s), to clean up frequently all refuse, rubbish, scrap material, and debris caused by his operations, to the end that at all times the jobsite shall present a neat, orderly, and workmanlike appearance. No such refuse, rubbish, scrap material, and debris shall be left within the completed Work nor buried on the building site, but shall be properly protected and removed from the site and properly disposed of in a licensed landfill or otherwise as required by law. 16.4 Final Cleaning: The Contractor expressly undertakes, either directly or through its Subcontractor(s), before final payment, to remove all surplus material, false work, temporary structures, including foundations thereof, and debris of every nature resulting from its operations and to put the site in a neat, orderly condition, to thoroughly clean and leave reasonably dust free all finished surfaces including all equipment, piping, etc., on the interior of all buildings included in the Contract; and to thoroughly clean all glass installed under the Contract including the removal of all paint and mortar splatter and other defacements. If a Contractor fails to clean up at the completion of the Work, the City may do so and charge for costs thereof to the Contractor in accordance with these General Conditions. 16.5 Erosion Control: During and at completion of the Work, the Contractor shall prevent site soil erosion, the runoff of silt and /or debris carried by water from the site, and the blowing of dust or debris off the site in accordance with the applicable requirements and standards of the Virginia Erosion and Sediment Control Handbook, latest edition, and of the Contract Documents and the requirements of the City's Department of Planning, Building and Development. SECTION 17. PROTECTING PERSONS AND PROPERTY 17.1 Protection on Site: The Contractor expressly undertakes, both directly and through its Subcontractor(s), to take every reasonable precaution at all times for the protection of all persons and property which may come on the jobsite or be affected by the Contractor's operation in connection with the Work. 17.2 Safety and Health Precautions: The Contractor shall be solely responsible for initiating, maintaining, and supervising all safety and health precautions and programs in connection with the Work, including but not limited to provision of appropriate sanitation facilities, if applicable. 17.3 Protecting the Public: The Contractor shall in all cases protect the public and the Work, during its execution, by posting and maintaining, at its expense, appropriate signs, barricades, barriers, lights, flagmen, and other safety devices in accordance with the current edition of the "Virginia Work Area Protection Manual ". 17.4 Protecting the Work and Adjacent Property: The Contractor shall continuously maintain adequate protection of all the Work from damage and shall protect the City's property from injury or loss arising in connection with this Contract. The Contractor shall adequately protect adjacent property to prevent any damage to it or loss of use and enjoyment by its owners. The Contractor shall provide and maintain all passageways, guard fences, lights, and other facilities for protection required by public authority, local conditions, any of the Contract Documents or erected for the fulfillment of its obligations for the protection of persons and property. 17.5 Emergencies: In an emergency affecting the safety or life of persons or of the Work, or of the adjoining property, the Contractor, without special instruction or authorization from the City Engineer, shall act, at Contractor's discretion, to prevent such threatened loss or injury. {2128/03/00116899.DOCX;3 }87 Draft September 10, 2017 Also, should Contractor, to prevent threatened loss or injury, be instructed or authorized to act by the City Engineer, Contractor shall so act immediately, without appeal. SECTION 18. DAMAGES TO THE WORK AREA 18.1 Damage to the Work: The Contractor shall have charge of and be solely responsible for the entire Work and be liable for all damages to the Work including, but not limited to any of the damages hereafter mentioned, and to any property in the vicinity of the Work, until its completion and acceptance by the City Engineer. a. Where the work involves alterations, renovations, or modifications to any existing building, the Contractor shall familiarize itself with the structural condition of such building before proceeding with any work. It shall be the Contractor's responsibility to take all necessary safeguards to protect and maintain all parts of the building in a safe condition at all times during the process of construction and to protect from damage those portions of the building that are to remain. b. Under no condition shall any load be placed on any part of a building, whether new or existing, in excess of the load the structure will safely support, and no structural member(s) shall be cut or altered without the written consent of the City Engineer. C. The Contractor shall conduct all operations in such a manner as to avoid damage to existing work and surfaces within any existing building that are to remain. Any and all damaged work and surfaces shall be repaired, replaced, or restored to their original condition at the time when this work was started, and the expense of such work shall be borne by the Contractor. 18.2 Damage to Utilities: The respective Utility Company shall be given a minimum of forty - eight (48) hours notice prior to any adjustment of utilities, and the Contractor shall comply with the provisions of the Virginia Underground Utilities Damage Prevention Act, Section 56- 265.14 et seq., of the Code of Virginia. Damages that may occur to the utilities during the Work shall be the sole responsibility of the Contractor. 18.3 Relocation of Utilities: Should any utilities require adjustment during the Work, it shall be the Contractor's responsibility to have such utilities relocated as a part of the Work and to contact and cooperate with the respective Utility Company in performance of such operations. 18.4 Damage to Other Work and Existing Structures: The Contractor shall take into account all other work which shall be done by other parties on the jobsite, either now known or which may become necessary during the progress of the Work, and shall be responsible for any damage done to the other work. Damage to concrete curbs, gutters, sidewalks, or any existing facility that may occur during the construction shall be repaired or replaced by the Contractor, at its sole expense, as directed by and to the satisfaction of the City Engineer. 18.5 Weather Damage: Damage with respect to the Work caused by the weather shall be the responsibility of the Contractor. 18.6 Blasting: Any damage that may occur due to blasting shall be the sole responsibility of the Contractor. SECTION 19. CHANGES IN THE WORK 19.1 Changes in Drawings and Specifications: The City reserves the right to make such changes in the drawings and specifications and in the character of the Work as may be necessary or desirable to ensure completion in the most satisfactory manner, provided such changes do not materially alter the original plans and specifications or change the general {2128/03/00116899.DOCX;3 188 Draft September 10, 2017 nature of the Work as a whole. Such changes shall not be considered as waiving or invalidating any condition or provision of the Contract and Bonds. Such changes shall be issued by the City Engineer to Contractor. 19.2 Changes in Quantities: The City reserves the right to make changes in the quantities of the Work, as may be considered necessary or desirable, and such changes shall not be considered as waiving or invalidating any conditions or provisions of the Contract or Bonds. The Contractor shall perform the Work as altered, whether increased or decreased, and no allowances shall be made for anticipated profits. Payment to the Contractor for the changes in the quantities of work shall be made only for the actual quantities of work performed and material furnished at the unit prices set forth in the Contract, except as provided below. a. When the quantity of work to be done or of material to be furnished under any item of the Contract is more than 125 percent of the quantity stated in the Contract, then either party to the Contract, upon demand, shall be entitled to negotiate for revised consideration on the portion of work above 125 percent of the quantity stated in the Contract. b. When the quantity of work to be done or of material to be furnished under any item of the Contract is less than 75 percent of the quantity stated in the Contract, then either party to the Contract, upon demand, shall be entitled to negotiate for revised consideration on the Work performed. C. Any consideration after that as set forth above shall be paid for as is hereinafter provided under Section 19.7. The foregoing notwithstanding, the quantity of work to be done or of material to be furnished under any item of the Contract, or the total original Contract shall not be increased more than 25 percent or reduced by more than 25 percent without the written consent of the Contractor and City. 19.3 Changes in the Work: No change with respect to the Work, except in an emergency situation threatening life or property, shall be made by the Contractor without the prior written approval of the City. The Contractor shall deliver any request for a change in the Work, Contract price, and /or completion time in writing to the City Engineer within ten (10) calendar days of the occurrence requiring the change. The Contractor shall be required to certify the cause of the change order and, if appropriate, length of time involved. Payment for such changes approved by the City Engineer shall be as set forth in Section 19.7. This written request is a condition precedent to the consideration of any such request by the City. 19.4 Delays: a. In the event a delay is caused by the City, the City Engineer, any other separate contractor employed by the City, or any party for whom the Contractor deems the City responsible, or the agents and employees of any of them, the Contractor shall inform the City and the City Engineer immediately at the time of the occurrence by the fastest means available and shall give written notice within a reasonable time, not to exceed ten (10) calendar days. The Contractor's notice to the City Engineer shall specify the nature of the delay claimed by the Contractor, the cause of the delay, and the impact of the delay on the Contractor's work schedule to the fullest extent possible. The City will within a reasonable time, not to exceed ten (10) calendar days, respond to the Contractor's notice with a resolution, remedy, or direction to alleviate the delay or with a notice rejecting the claim for delay alleged to be caused by the City or parties for whom the City is responsible. If the delay is not then resolved, the Contractor may then submit a request for change order in accordance with Sections 19.3 and 19.5. In the event of other delays, the Contractor shall give the City and City Engineer written notice within ten (10) calendar days of the occurrence causing the delay. b. No extension of time or compensation shall be allowed for a delay if the Contractor failed to give notice in the manner and within the time prescribed in Subsection 19.4 {2128/03/00116899.DOCX;3 }89 Draft September 10, 2017 (a). Furthermore, no extension of time shall be given or additional compensation allowed for any delay unless a claim therefore is made in writing to the City, with a copy to the City Engineer, within ten (10) calendar days of the occurrence causing the delay. The claim shall state the cause of the delay, the number of days of extension requested, and any compensation requested by the Contractor. The Contractor shall report the termination of the delay to the City and City Engineer not less than ten (10) calendar days after such termination. Failure to give notice of either the inception or the termination of the cause of delay or failure to present a claim for extension of time and /or monetary compensation within the times prescribed are conditions precedent to the assertion of any such claims by Contractor and shall constitute a waiver by Contractor of any such claims for compensation or extension based upon that cause. C. Requests for compensation for delays must be substantiated by itemized data and records clearly showing that the work delayed was progressing according to the approved schedule and that the costs are directly attributable to the delay in the Work claimed. The Contractor shall provide written schedules demonstrating how the Work being delayed affects the approved schedule. d. No extension of time, additional compensation, or change in the Contract price shall be allowed for any delays caused in whole or in part by the Contractor, any subcontractors, or any supplier. (For unavoidable justified delays, see Section 19.9 of these General Conditions.) 19.5 Change Orders: All change orders shall clearly define changes to the Work, the Contract amount or price, and the Contract time. Incomplete or partial change order requests may not be considered by the City Engineer. All change orders must indicate that the Contract Time for Completion is not changed or is either increased or decreased by a specific number of days. Any change or requested change in the Contract price shall also be included in the change order request. The Contractor must provide written justification for an extension of the Time for Completion to the City Engineer. The written justification must demonstrate an anticipated actual increase in the time required to complete the Work beyond that allowed by the Contract as adjusted by prior change orders or amendments to the Contract, not just an increase or decrease in the time needed to complete some portion of the total Work. City Engineer approved increases or decreases in time required to complete the Work shall be added or deducted, respectively, to the Time for Completion. The change to time or Contract price allowed by each change order shall include all time and monetary impacts of the change, whether the change order is considered alone or with all other changes during the course of the Project. Failure to include a change to time and /or Contract price in a change order shall waive any claims the Contractor may have for any change to the time and /or Contract price unless the parties mutually agree in writing to postpone a determination of the change to time and price resulting from the change order. However, the Contractor shall continue with the Work as may be directed by the City Engineer and shall not stop work on the Project unless directed to do so by the City Engineer. 19.6 Extra Work: The City reserves the right to make alterations or changes in the Work as the Work progresses. When any work is necessary to the proper completion of the project which was not provided for in the Contract, the Contractor shall do such work, but only when and as ordered in writing by the City Engineer. Payment for such extra work shall be made as hereinafter provided in Section 19.7. 19.7 Payment Methods for Extra Work: The extra work done by the Contractor as authorized and approved by the City Engineer shall be paid for in the manner hereinafter described; and the compensation thus provided shall be accepted by the Contractor as payment in full for all labor, material, tools, equipment, incidentals, all superintendents' and timekeepers' services, all insurance, bonds, and all other reasonable overhead expenses incurred in the performance of the extra work. Payment for extra work may be made by one of the following methods, as agreed on in writing by the City Engineer and the Contractor before said extra work is commenced, subject to all other conditions of the Contract: {2128/03/00116899.DOCX;3 }90 Draft September 10, 2017 a. Unit prices; or b. Lump sum price; or C. The cost of change in work plus ten percent (10 %) of allowable costs. Allowable costs for purposes of this paragraph shall only include labor, material, sales tax, the rental of power tools and equipment actually used, or a reasonable price for the use of power tools and equipment owned by the Contractor based upon their life expectancy and purchase price, utilities, pro rata charges for foremen, and all payroll charges such as employer's FICA contribution, Public Liability and Workers' Compensation Insurance, but only if all such costs are incurred as the direct result of the changes in the Work. The change in cost for labor and material bonds and for performance bonds relative to the value of the extra work shall be allowable cost but shall not be marked up. 19.8 Disputed Claims for Extra Work: If one of the payment methods set forth in Section 19.7 is not agreed on by the City Engineer, the City may retain either an independent contractor to perform such extra work or use its own forces to perform such extra work and the Contractor shall cooperate fully with the independent contractor or City in its performance of the extra work. However, the City Engineer may also direct Contractor to perform such extra work and any dispute will be handled as set forth in Section 31 of these General Conditions. 19.9 Change in Contract Time or Contract Price: The Contractor may request an extension of time or change in the Contract price should the Work be obstructed or delayed by any justified unavoidable delays not caused in whole or in part by the Contractor, any subcontractor, or suppliers. However, delays caused by weather conditions will not be considered justified unavoidable delays unless they are caused by unusual weather as set forth in Section 4.2 of the Instructions to Bidders, in which case only an extension of time may be considered by City, but no additional compensation will be allowed for unusual weather. Furthermore, Contractor agrees that for any delays not caused by the City or any delays beyond the control of the City, no additional compensation will be due the Contractor and no change in the Contract price will be allowed by the City, only an extension of the Contract time will be considered by the City. The Contractor shall deliver requests for changes in the Contract price and /or completion time in writing to the City Engineer within ten (10) calendar days of the occurrence requiring the change. Approved changes that alter the time of the Contract shall extend the completion time by a period equivalent to the certified time lost by such occurrence. No change in Contract price and /or completion time shall be allowed if the above notice has not been properly given, such notice being a condition precedent to any such request by the Contractor. However, the Contractor shall continue with the Work as may be directed by the City Engineer and shall not stop work on the Project unless directed to do so by the City Engineer. SECTION 20. PAYMENT FOR WORK 20.1 Monthly Construction Estimates: Monthly construction estimates shall be submitted to the City Engineer, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Room 350, Roanoke, Virginia 24011, no more than once every thirty (30) calendar days. 20.2 Preparing Progress Payment Requests: In preparing construction estimates, the Contractor may request a progress payment based on the actual percentage of work completed during the preceding month. The estimate shall contain a breakdown of the total Contract amount, to include a separate breakdown of all approved change orders, into principal items of construction, showing the estimated quantity, unit price, and total for each item. In preparing progress payment requests, the material delivered on the site and preparatory work done may be taken into consideration, if properly documented, or as may be required by the City Engineer {2128/03/00116899.DOCX;3 }91 Draft September 10, 2017 so that quantities can be verified. In addition to material delivered on the site, material such as large pieces of equipment and items purchased specifically for the project, but stored off the site, may be considered for payment, provided prior written approval is given by the City Engineer. 20.3 Progress Payments: The City will make a progress payment to the Contractor on the basis of a duly certified and approved progress payment request for the work performed under the Contract. In the event that the City disagrees with the monthly construction progress payment request submitted by the Contractor, or in the event the As -Built Drawings are not being kept current, the City may withhold all or a portion of the progress payment until such dispute is resolved to the satisfaction of the City. If there are any objections or problems with the progress payment request, the City will notify the Contractor of such matters. If the progress payment request is approved by the City, payment will be made by the City to the Contractor not more than thirty (30) calendar days after such request has been approved. However, if there is an objection or problem with a progress payment request, the Contractor shall continue with the Work as may be directed by the City Engineer and shall not stop work on the Project unless directed to do so by the City Engineer. Any such disputes shall be handled as set forth in Section 31 of these General Conditions. 20.4 Retainage: To ensure proper performance of the Contract, the City shall retain, unless stipulated otherwise, five percent (5 %) of each progress payment until Final Acceptance of all work covered by the Contract. The Contractor may request that such retainage be paid into an escrow account on certain Contracts, pursuant to Section 2.2 -4334 of the Code of Virginia. (See also Sections 6.2 and 14.6 of Instructions to Bidders.) 20.5 Ownership of Material and Work: All material and work covered by progress payments shall become the property of the City. This provision shall not relieve the Contractor from the responsibility for all material and to maintain all completed work and to repair all damaged work. The Contractor shall not deem a progress payment as a waiver to complete the terms of the Contract or shift the risk of loss from the Contractor to the City. The Contractor warrants that Contractor has good title to all material, equipment, and supplies which Contractor uses in the Work or for which Contractor accepts payment in whole or in part. 20.6 Payments to Others by Contractor: The Contractor agrees that Contractor will comply with the requirements of Section 2.2 -4354 of the Code of Virginia regarding Contractor's payment to other entities and that Contractor will take one of the two actions permitted therein within seven (7) calendar days after receipt of amounts paid to Contractor by the City. The Contractor agrees that Contractor shall indemnify and hold the City harmless for any claims resulting from failure of the Contractor to make prompt payments to all persons supplying him equipment, labor, tools, or material in prosecution and completion of the Work provided for in the Contract. 20.7 Final Payment: After the Final Acceptance of the Work by the City, and after Final Payment is requested in writing by the Contractor, and the City Engineer has received and approved the items listed below, the City shall pay the Contractor the Final Payment, less all prior payments, damages, setoffs, liquidated damages, any amounts withheld from retainage, or any other amounts Contractor may owe the City for any reason whatever. Such final payment is subject to the City Engineer receiving and accepting all documents to finalize the Work or Project, such as, but not limited to: a. As -Built drawings, operation and maintenance manuals, written warranties (if applicable). b. Affidavit of Payment of Claims. C. Certificate of Final Acceptance. f2128/03/00116899.D0CX;3 }92 Draft September 10, 2017 d. Such other documents or items as the City Engineer may request in writing from the Contractor. 20.8 Payment and Acceptance: No payment, final or otherwise, nor partial or entire use, occupancy, or acceptances of the Work by the City shall be an acceptance of any work or material not in accordance with the Contract, nor shall the same relieve the Contractor of any responsibility for any faulty material or workmanship or operate to release the Contractor or its surety from any obligation under the Contract or the Performance Bond or the Labor and Material Payment Bond. 20.9 Right to Audit and Maintenance of Records: The Contractor agrees that the City, and any approving Federal or State Agency or any of their duly authorized representatives, shall have access to any books, documents, papers, records, schedules and electronic data of the Contractor which are pertinent to this Project for the purpose of making an audit, examinations, excerpts, copies, or transcriptions and that Contractor will provide copies of such items to City upon City's request, at no cost to City. Contractor shall maintain all books, records, electronic data, and other documents relating in any way to this Contract or Project for a period of five (5) years after Final Acceptance. SECTION 21. LIQUIDATED DAMAGES If liquidated damages are provided for by the Contract, the following provisions shall apply: a. Subject to the provisions of the General Conditions for extension of time allowed for completion of the Work, if the Work is not substantially completed by the date required in the Contract, the Contractor shall owe to the City, not as a penalty but as liquidated damages, the sum stated in the Contract for liquidated damages for each and every calendar day of delay in substantial completion. b. Once the Work is substantially complete, the accrual of liquidated damages shall stop and the Contractor shall have thirty (30) calendar days in which to achieve Final Acceptance of the Work. C. Provided, however, if Final Acceptance of the Work is not achieved by the thirtieth (30th) calendar day after substantial completion, and if any extension of time is not granted by the City, the Contractor shall owe to the City, not as a penalty, but as additional liquidated damages, the sum stated in the Contract as liquidated damages for each and every calendar day of delay in Final Acceptance. All such liquidated damages set forth in this Section 21 are in addition to any other damages the City may be entitled to recover from the Contractor. SECTION 22. INSPECTION FOR SUBSTANTIAL COMPLETION AND FINAL ACCEPTANCE 22.1 Substantial Completion: The Contractor shall notify the City, in writing, that the Work will be ready for inspection to determine if it is substantially complete and ready for testing on or after a certain date, which date shall be stated in the notice. The notice shall be given at least ten (10) calendar days in advance of said date and shall be forwarded through the City Engineer. Inspection and testing shall take place at a time mutually agreeable to the Contractor, City, and City Engineer. The inspection shall determine if substantial completion has been accomplished. If so, the City Engineer will issue a Certificate of Substantial Completion and attach a written list of unfinished Work and defective Work, commonly referred to as a "punch list ", which must be finished and corrected to obtain Final Acceptance. 22.2 Request for Final Acceptance: The Contractor shall notify the City Engineer, in writing, that the Work will be ready for final inspection and testing on or after a certain date, which date shall be stated in the notice. That inspection and any necessary testing shall be {2128/03/00116899.DOCX;3 193 Draft September 10, 2017 conducted in the same manner as the inspection for substantial completion. When the Work is finally and totally complete, including the elimination of all known deficiencies, the Work shall be finally accepted by the City and final payment shall be made in accordance with Section 20.7 of these General Conditions. 22.3 Final Inspection: The City Engineer will conduct the final inspection, and may elect to have other persons of his /her choosing also participate in the inspection. If one or more reinspection is required, the Contractor shall reimburse the City for all costs of reinspection or, at the City's option, the costs may be deducted from payments due to the Contractor. 22.4 As -Built Drawings: No Contract retainage will be released prior to receipt of all approved As -Built Drawings. 22.5 Final Acceptance: Upon successful completion of the final inspection and all Work required by the Contract, including, but not limited to, the delivery of the following documents and items; As -Built drawings; operation and maintenance manuals; written warranties; Certificate of Substantial Completion; Affidavit of Payment of Claims; and SB /MB/WB /SDVB Usage Status Form; the City Engineer will furnish a written Certificate of Final Acceptance of the Work to the Contractor. The City Engineer may accept the Work for occupancy or use while asserting claims against the Contractor, disputing the amount of compensation due to the Contractor, disputing the quality of the Work, its completion, or its compliance with the Contract Documents, and the like. 22.6 Release By Contractor: The acceptance by the Contractor of the final payment or a payment designated as such shall be and does operate as a release by the Contractor of all claims by the Contractor against City and of all other liability of the City to the Contractor whatever, including liability for all things done or furnished in connection with the Work or the Contract. SECTION 23. WARRANTY OF MATERIAL AND WORKMANSHIP 23.1 The Contractor warrants that, unless otherwise specified, all material and equipment incorporated in the Work under the Contract shall be new, in first class condition, and in accordance with the Contract Documents. The Contractor further warrants that all workmanship shall be of the highest quality and in accordance with the Contract Documents and shall be performed by persons qualified at their respective trades. 23.2 Work not conforming to these warranties shall be considered defective. 23.3 These warranties of material and workmanship are separate and independent from and in addition to any of the Contractor's other guarantees or obligations in this Contract, or that may arise by law. SECTION 24. GUARANTEE OF WORK 24.1 One Year Warranty: The Contractor further guarantees and warrants the Work against defects or deficiencies in the Work and as to all material, equipment, and workmanship for a period of one (1) year from the date of Final Acceptance. However, any manufacturer's guarantees or warranties or any other guarantees or warranties required by the Contract Documents shall be for the period of time provided for therein. {2128/03/00116899.DOCX;3 }94 Draft September 10, 2017 24.2 The Contractor shall obtain and furnish to the City any available guarantees and warranties from manufacturers, installers, subcontractors, or others and any guarantees and warranties called for in the Contract and have such guarantees and warranties issued to the City, or transfer such guarantees and warranties to the City, in a timely manner. All guarantees and warranties shall be subject to the reasonable approval of the City. However, any such approval or disapproval does not relieve the Contractor of any of Contractor's guarantees and warranties. Contractor shall use its best efforts to ensure that all such guarantees and warranties do not contain any indemnity requirements from the City, any limitation of liability, any reduction of the applicable statute of limitations, any venue or forum selection other than the City of Roanoke, Virginia, or any requirement for mediation or arbitration. Any such language in a guaranty or warranty shall be deemed to be void and the Contractor along with the entity providing the guaranty or warranty shall be responsible for such guaranty or warranty with any such items being deemed deleted. All such guaranties or warranties shall be provided to the City before or within ten (10) days after Contractor's completion of the Work and the City may withhold payments to the Contractor until receipt of all such guaranties and warranties. 24.3 All guarantees and warranties from the Contractor or others, whether set forth above, in other parts of the Contract or other documents, or that may arise by law, shall be cumulative so as to maximize City's guarantee and warranty protection. The City, by accepting any of the guaranties or warranties provided for in the Contract does not waive, and specifically reserves any legal rights and remedies that the City may have for breach of the Contract and /or breach of any such guarantees or warranties. 24.4 Defective Work: The Contractor agrees it shall repair or replace, at Contractor's sole expense, and to the satisfaction of the City Engineer, any work, material, equipment, or part that is found, by the City Engineer, to be defective. 24.5 Repairs: If, within any guarantee period, defects are noticed by the City Engineer which require repairs or changes in connection with the guaranteed work, those repairs or changes being in the determination of the City Engineer rendered necessary as the result of the use of material, equipment, or workmanship which is defective, inferior, or not in accordance with the terms of the Contract, then the Contractor shall, promptly upon receipt of notice from the City Engineer, such notice being given not more than four weeks after the expiration of any such guarantee period, and without any expense to the City: a. Place in satisfactory condition all guaranteed work and correct all defects therein; and b. Make good all damage to the structure, site, equipment, or contents thereof, which in the determination of the City Engineer is the result of the use of material, equipment, or workmanship which are inferior, defective, or not in accordance with the terms of the Contract; and C. Make good any work or material or the equipment and contents of structures or the site disturbed in fulfilling any such guarantee. 24.6 Warranty Extension: In any case, where in fulfilling the requirements of the Contract or any guarantee embraced in or required thereby, the Contractor disturbs, damages or repairs any work guaranteed under the Contract, Contractor shall restore such work to a condition satisfactory to the City Engineer and guarantee such restored work to the same extent and for a like additional period of time as it was originally guaranteed under this Contract. {2128/03/00116899.DOCX;3 }95 Draft September 10, 2017 24.7 Correction of Defects: If the Contractor, after notice, fails to proceed promptly, but in no event longer than thirty (30) calendar days after such notice, unless otherwise agreed to by the City Engineer, to comply with the terms of the guarantee and /or correct the Work, the City may have the defects corrected by its own forces or another contractor and the Contractor and its surety shall be liable to the City for all costs and expenses incurred in doing so. 24.8 Nothing contained in this section shall be construed to establish a period of limitation with respect to any other obligation which the Contractor might have under the Contract Documents or the law of Virginia, including liability for defective work. SECTION 25. STOP WORK ORDER In the event that conditions exist such that no work can or should continue, other than the routine closing of the site, the Contractor may submit to the City Engineer a request to stop work or the City Engineer on his /her own may issue a Stop Work Order. The City Engineer will, if he /she approves the request or issues the order himself /herself, deliver a written "Stop Work Order" to the Contractor stipulating the effective date and the Contract time remaining. The Work, other than the routine closing of the site, and Contract time shall not again be started until a written "Resume Work Order" is received by the Contractor from the City Engineer. When the Work is stopped at the request of the Contractor and through no fault of the Contractor, the Contractor may only recover from the City payment for the cost of the Work actually performed, together with reasonable overhead and profit thereon up to that time, but profit shall be recovered only to the extent that the Contractor can demonstrate that it would have had profit on the entire Contract if it had completed the Work. The Contractor may not receive profit or any other type of compensation for parts of the Work not performed, including, but not limited to, home office overhead or any other such costs. The Contractor may also recover the actual cost of physically closing down the jobsite, but no other costs of the Stop Work Order. The City may offset any claims it may have against the Contractor against the amounts due to the Contractor. In no event shall the Stop Work Order to the Contractor relieve in any way the obligations of the Contractor's surety on its payment and performance bonds. When work is stopped by the City Engineer due to any fault of the Contractor, the Contractor may not recover any of the above costs or items or any other costs, profits, expenses, or damages of any type. SECTION 26. TERMINATION OF CONTRACT FOR CAUSE 26.1 Termination for Cause: If the Contractor should file a petition for relief as a debtor under any applicable bankruptcy law or should be adjudged bankrupt, or if it should make a general assignment for the benefit of its creditors, or if a receiver should be appointed on account of its insolvency, the City may terminate the Contract. If the Contractor should refuse or should fail, except in cases for which extension of time is provided, to supply enough properly skilled workmen or proper material, or if it should fail to make prompt payment to subcontractors or suppliers of material or labor, or disregard laws, ordinances, or the written instructions of the City Engineer, or otherwise fails to comply with any of the terms or provisions of this Contract including, but not limited to, poor services, work or material, then the City may terminate this Contract. In no event shall termination for cause terminate the obligations of the Contractor's surety on its payment and performance bonds. 26.2 Possession of Work: Upon termination of the Contract, the City may take possession of the premises and of all material, tools, and appliances thereon and finish the Work by whatever method the City may deem expedient. In such case the Contractor shall not be entitled to receive any further payment of any type. If the expense of finishing the Work, including compensation for additional managerial and administrative services, shall exceed the unpaid balance of the Contract price, the Contractor shall pay the difference to the City, together {2128/03/00116899.DOCX;3 }96 Draft September 10, 2017 with any other cost or expenses of terminating the Contract and having it completed by others, together with any and all other damages the City may be entitled to from the Contractor. 26.3 Alternative Termination: If it should be judicially determined that the City improperly terminated this Contract for cause, then the termination shall be deemed to be a termination for the convenience of the City. 26.4 Termination Rights: Termination of this Contract under Section 26 or Section 27 is without prejudice and in addition to any other rights or remedies of the City against the Contractor. SECTION 27. TERMINATION FOR CONVENIENCE OF CITY 27.1 Termination for Convenience: The City, at its discretion, may terminate this Contract at any time without cause, in whole or in part, upon giving the Contractor written notice of such termination. Upon such termination, the Contractor shall immediately cease work and remove from the jobsite all of its labor forces, equipment, and material as the City elects not to purchase or to assume in the manner hereinafter provided. Upon such termination, the Contractor shall take such steps as City may require to assign to the City the Contractor's interest in all subcontracts and purchase orders designated by the City. After all such steps have been taken to the City's satisfaction, the Contractor shall receive as full compensation for termination and assignment only the following: a. All amounts then otherwise due under the terms of this Contract for actual work performed and approved by the City; and b. Reasonable compensation for the actual cost of demobilization incurred by the Contractor as a direct result of such termination. The Contractor shall not be entitled to any compensation for lost profits or for any other type of contractual compensation or damage, other than those provided by the preceding sentence, including any on site or home office overhead. Upon payment of the foregoing, the City shall have no further liabilities or obligations to Contractor of any nature. 27.2 Termination Effect on Surety: In no event shall termination for the convenience of the City terminate the obligation of the Contractor's surety on its payment and performance bonds. SECTION 28. PRECONSTRUCTION CONFERENCE The City Engineer shall notify the Contractor as to the location, date, and time of a preconstruction conference to confirm procedures for processing construction estimates for payment and related submissions and to discuss other matters pertaining to scheduling and execution of the Work. SECTION 29. PROJECT SIGN(S) The Contractor shall supply, erect, and maintain Project Sign(s) in accordance with the City of Roanoke Standard Detail. The sign(s) shall be located as directed by the City Engineer. The Contractor shall not display any other signs or advertisements. SECTION 30. ASSIGNMENTS The Contractor shall not assign or transfer this Contract in whole or in part except with the prior written consent of the City, which consent shall not be unreasonably withheld. If consent to f2128/03/00116899.D0CX;3 }97 Draft September 10, 2017 assign is given, no such assignment shall in any way release or relieve the Contractor from any of the covenants or undertakings contained in this Contract and the Contractor shall remain liable for the Contract during the entire term thereof. SECTION 31. CONTRACTUAL DISPUTES Contractual claims, whether for money or for other relief, including any disputes as to change orders or extra work, shall be submitted, in writing, no later than sixty (60) calendar days after final payment or payment designated by the City as a final payment; however, written notice of the Contractor's intention to file such claim must be given at the time of the occurrence or beginning of the work upon which the claim is based. Such notice is a condition precedent to the assertion of any such claim by the Contractor. A written decision upon any such claims will be made by the City Manager or his /her designee (hereafter City Manager) within thirty (30) calendar days after submittal of the claim and any practically available additional supporting evidence required by the City Manager. The Contractor may not institute legal action prior to receipt of the City's decision on the claim unless the City Manager fails to render such decision within one hundred twenty (120) calendar days from submittal of its claim. The decision of the City Manager shall be final and conclusive unless the Contractor within six (6) months of the date of the final decision on a claim or from expiration of the 120 day time limit, whichever occurs first, initiates legal action as provided in Section 2.2 - 4364, of the Code of Virginia. Failure of the City to render a decision within said one hundred twenty (120) calendar days shall not result in the Contractor being awarded the relief claimed nor shall it result in any other relief or penalty. The sole result of the City's failure to render a decision within said one hundred twenty (120) calendar days shall be Contractor's right to immediately institute legal action. No administrative appeals procedure pursuant to Section 2.2 - 4365, of the Code of Virginia, has been established for contractual claims under this Contract. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK {2128/03/00116899.DOCX;3 }98 The Roanoke Times Roanoke, Virginia Affidavit of Publication SHERMAN M STOVALL, ASSISTANT CITY MGR C /O R. Brian Townsend. Assistant City Manager for Community Development 215 CHURCH AVE SW. ROOM 364 ROANOKE. VA 24011 Date Category Description 09/16/2018 Legal Notices NOTICE OF PUBLIC HEARING Pursuant to the requirements Publisher of the Roanoke Times Account Number 6017304 Date September 10, 2018 Ad Size Total Cost 1 x 83 L 448.48 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: 09/10/2018 The First insertion being given ... 09/10/2018 Newspaper reference: 0000816529 Billing Repres tative Sworn to and subscribed before me this Monday, September 10, 2018 8 Notary P b State of Virginia f� PUoL�C � City/County of Roanoke = F,EG. "332564 . ;� My Commission expire ))-9 * == COMA'iSSiO'd �'� • E" I R - i;,* F A L11`i "1 t 0 THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU NOTICE OF PUBLIC HEARING Pursuant to the requirements of Sections 15.2.1800.8 and 15.2.1813, Code of Virginia (1950), as amended, notice is hereby given that the Council of the City of Roanoke will hold a public hearing on September 17, 2018, at 7:00 P.M., or as soon thereafter as the matter may be heard, in the Council Chamber, 4th Floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011, on a proposed Agreement for the Purchase and Sale of Real Estate for the Development of Downtown Parking Facility and Hotel (Agreement) among the City of Roanoke, Virginia (City), Market Holdings, LLC (MH), and Big Lick Hospitality, LLC (Buyer). As set forth in the proposed Agreement, the City, as the owner of certain real property of approximately 0.3607 acres, together with improvements thereon, situated at 120 Church Avenue, S.E., Roanoke, Virginia, designated as Official Tax Map No. 4011413 (City Parcel). MH, as the owner of certain real property of approximately 0.5755 acres. together with improvements thereon, situated at 116 Church Avenue, 5 -E. Roanoke. Virginia, designated as Official Tax Map No 4011412 (MH ParceW and Buyer. entered into negotiations under which the City would 0) acquire the MH Parcel: 00 consolidate the MH Parcel with the City Parcel (collectively, the Property): (iii) construct on the Property and own a Parking Facility, in fee simple: and (iv) sell to Buyer (a) two condominium units for hotel lobby facilities, (b) certain air rights above the proposed Parking Facility for hotel rooms, and (c) appropriate nonexclusive easement rights within the Parking Facility for the construction and operation of a Hotel Facility to accommodate the operation of a Hotel on portions of the Property A copy of the proposed Agreement and Ordinance will be available at the City Clerk's Office, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue. S.W., Roanoke, Virginia 24011, on and after Monday, September 10, 2018. For further information on the matter, you may contact the Office of the City Clerk at(540)853 -2541. All parties and interested entities may appear on the above date and time to be heard on the above 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, September 13, 2018. Given under my hand this 10th day of September 2018. Stephanie M. Moon Reynolds, MMC City Clerk (816529) NOTICE OF PUBLIC HEARING Pursuant to the requirements of Sections 15.2 - 1800.13 and 15.2 -1813, Code of Virginia (1950), as amended, notice is hereby given that the Council of the City of Roanoke will hold a public hearing on September 17, 2018, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, 4th Floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011, on a proposed Agreement for the Purchase and Sale of Real Estate for the Development of Downtown Parking Facility and Hotel (Agreement) among the City of Roanoke, Virginia (City), Market Holdings, LLC (MH), and Big Lick Hospitality, LLC (Buyer). As set forth in the proposed Agreement, the City, as the owner of certain real property of approximately 0.3607 acres, together with improvements thereon, situated at 120 Church Avenue, S.E., Roanoke, Virginia, designated as Official Tax Map No. 4011413 (City Parcel), MH, as the owner of certain real property of approximately 0.5755 acres, together with improvements thereon, situated at 116 Church Avenue, S.E., Roanoke, Virginia, designated as Official Tax Map No. 4011412 (MH Parcel); and Buyer, entered into negotiations under which the City would (i) acquire the MH Parcel; (ii) consolidate the MH Parcel with the City Parcel (collectively, the Property); (iii) construct on the Property and own a Parking Facility, in fee simple; and (iv) sell to Buyer (a) two condominium units for hotel lobby facilities, (b) certain air rights above the proposed Parking Facility for hotel rooms, and (c) appropriate nonexclusive easement rights within the Parking Facility for the construction and operation of a Hotel Facility to accommodate the operation of a Hotel on portions of the Property. A copy of the proposed Agreement and Ordinance will be available at the City Clerk's Office, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011, on and after Monday, September 10, 2018. For further information on the matter, you may contact the Office of the City Clerk at (540) 853 -2541. All parties and interested entities may appear on the above date and time to be heard on the above 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, September 13, 2018. Given under my hand this 10th day of September, 2018. Stephanie M. Moon Reynolds, MMC City Clerk Note to Publisher: Please publish once in The Roanoke Times, legal notices, on Monday, September 10, 2018. Please send affidavit of publication to: Stephanie M. Moon Reynolds, MMC, City Clerk 4th Floor, Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 456 Roanoke, Virginia, 24011 Phone: (540) 853 -2541 Send Invoice to: R. Brian Townsend, Assistant City Manager 3'd Floor, Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011 Phone: (540) 853 -2333 U V IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of September, 2018. No. 41268- 091718. AN ORDINANCE approving and authorizing the execution of a Cable Television Franchise Agreement by and between the City of Roanoke, Virginia and CoxCom, LLC d /b /a Cox Communications Roanoke; and dispensing with the second reading by title of this ordinance. WHEREAS, by Agreement dated May 1, 1991, the City entered into a Cable Television Franchise Agreement for a term of 12 years with Cox Cable Roanoke, Inc., predecessor in interest to CoxCom, Inc., d/b /a Cox Communications Roanoke (Cox), which was authorized by Ordinance No. 30479 - 42291; WHEREAS, on April 21, 2003, by Ordinance No. 36290- 042103, City Council extended the 1991 Cable Television Franchise Agreement for six months, until October 31, 2003, to allow the renewal negotiations to be completed; WHEREAS, on October 6, 2003, by Ordinance No. 36504- 100603, City Council entered into a new Cable Television Franchise Agreement CoxCom, Inc., d/b /a Cox Communications Roanoke for a term of 15 years, until October 31, 2018; WHEREAS, representatives of the City, along with representatives of Roanoke County and the Town of Vinton, have been negotiating a renewal agreement with Cox; WHEREAS, a public hearing was held on this matter and on the City's adoption of a revised Cable Television Franchise Ordinance on September 17, 2018, at which public hearing citizens and parties in interest were afforded an opportunity to be heard on such matters; and WHEREAS, City Council has previously adopted a revised Cable Television Franchise Ordinance that was effective on October 31, 2003. 1 O -Cable Television Franchise (9.17.18) THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. City Council hereby approves the terms of the Cable Television Franchise Agreement attached to the City Council Agenda Report dated September 17, 2018. 2. The City Manager is authorized to execute, on behalf of the City, a Cable Television Franchise Agreement by and between the City and CoxCom, LLC d /b /a Cox Communications Roanoke in a form substantially similar to the one attached to the above mentioned Agenda Report, and in a form approved by the City Attorney. Such Agreement will provide for a term of 10 years, from November 1, 2018 through October 31, 2028, and such other terms and conditions as are deemed to be in the best interest of the City of Roanoke. 3. The City Manager is further authorized to take such further actions and execute such additional documents as may be necessary to implement and administer such Cable Television Franchise Agreement. 4. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: 4- - ,wx"] _ 1' . n City Clerk. O -Cable Television Franchise (9.17.18) FA Daniel J. Callaghan City Attorney CITY OF ROANOKE OFFICE OF THE CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011 -1595 The Honorable Sherman P. Lea, Sr., and Members of Council TELEPHONE 540- 853 -2431 FAX 540 - 853 -1221 EMAIL: cityatty@roanokeva.gov September 17, 2018 Re: City Council Agenda Report Approval of a Renewal Cable Television Franchise Agreement Dear Mayor Lea and Members of City Council: Timothy R. Spencer David L. Collins Heather P. Ferguson Laura M. Carini Assistant City Attorneys Background: Pursuant to Ordinance No. 30479 - 42291, the City entered into a Cable Television Franchise Agreement, dated as of May 1, 1991, for a term of 12 years with Cox Cable Roanoke, Inc., predecessor in interest to CoxCom, Inc., d /b /a Cox Communications Roanoke (Cox). Roanoke County and Town of Vinton also entered into very similar Franchise Agreements after the three jurisdictions negotiated with Cox Cable Roanoke, Inc. Cox requested a renewal franchise in 2003. Pursuant to Ordinance No. 36290 - 042103, City Council extended the 1991 Cable Television Franchise Agreement for six months, until October 31, 2003. A Cable Television Franchise Agreement acceptable to the City of Roanoke, Roanoke County, the Town of Vinton and Cox was reached for a term of 15 years, from November 1, 2003 through October 31, 2018, and was approved by Council by Ordinance No. 36504- 100603, effective November 1, 2003 for a 15 year term or until October 31, 2018. City of Roanoke representatives, along with representatives of Roanoke County and the Town of Vinton, have negotiated a renewal of the Cable Television Franchise Agreement between the City and CoxCom, LLC, d /b /a Cox Communications Roanoke. The proposed new Franchise Agreement will be adopted pursuant to the City's existing Cable Television Ordinance, Ordinance No. 36503- 100603, which was adopted on October 6, 2003. A public hearing on the revised Cable Television Franchise Ordinance and Agreement will be held at today's September 17, 2018 session. After the public hearing, Council will be asked to take the action noted below. Recommended Action: After consideration of comments received at the public hearing, approve the terms of the Cable Television Franchise Agreement (Franchise Agreement) and authorize the City Manager to execute such Franchise Agreement between the City and CoxCom, LLC, d /b /a Cox Communications Roanoke, in a form substantially similar to the one attached to this report, in a form approved by the City Attorney. The Franchise Agreement will provide for the terms and conditions as are deemed to be in the best interest of the City. Authorize the City Manager to take such further action and execute such additional documents as may be necessary to implement and administer the Franchise Agreement. Sincerely, Daniel J. C ghan City Attorney Council Appointed Officers Sherman M. Stovall, Assistant City Manager of Operations Amelia C. Merchant, Director of Finance Robert K. Bengtson, Director of Public Works Vanessa Bohr, Director of Technology The Roanoke Times Roanoke, Virginia Affidavit of Publication C, I y if PUAN"')Kf CL iJX,, :-1 f H-L, AIIii R BRIAN I OWNSLNI) 215 CI-iURC,-4 AV[ S)VV Pr (.)V 455 W-iAf-i0KF 'VA 24011 r-Account Number 6007932 Date I— — — September 07, 2018 Date category Description Ad Size I Will Cost 09113!2018 L egal Notices NOTIGFOF PUBLIC HEARING Pursuant to the provisions oi 1 x66L 611 92 NOTICE OF PUBLIC HEARING it li� the provisions vis,ons l, f Sect ; 15 , 21 on.19. et seq.. Code of v !rult-na (1950). ;its amended, And the federal Cable Communications POI, " ? Act Of 1984. 11 ti—end—J, 47 U 5.17- fj54600, the City Of A-110kO proposes to grant a tell year —1—al of the cahle t oleo is it n f,a--1-65o held by C—Cenll. LE-C. I, ;" Ca. Roanoke ( "Cox"). The renewal franc his <x will IUCC eld and "'0 eV arich i rentiv held by CO., -t 'el. will expire on October 31. 2ols- A copy of tt— o—p.. sed renewal 1, anclit%o agreement between the City Of Rna nuke and Cox, and the proposed olj�mwc'r atitho, 1;rIng Ili— city to enter lint, the en—a I franchise agreement ont with cox rnav be reviewed by the public CL " ;, " after Friday, August 31, 2o18. ill th'? "Iffic of the city clerk. Boom 4A. Nne l l`. ""M' .l i ci Pa j E11(in T 2 L " C h trch Avenue, S. W., Roanoke, Virginia 2401 1 - Notice Is hereby given that the Council uncil of the City of Roanoke will "Old a r—hl.c hea, mu on the above O—ttv, at its regular meets ng to be held On September 11. 2018, con) mencing at 7:0o P "' - ""' tune, or .15 soon thereafter ., th'. matter rnay hi, heard, it, the Council Chamber, 4th Floor, Noel r. ray 1 0' Municipal Bulldinq, 215 Church Avenue. S. W- Roanoke, Virginia. Further trif"'n—tion Is available in the officc, of the City Clerk, (54 0)8,33 2541 All parties and interested citizens nja a n �gLar. o, ,11to,la ovv,� date and be 0 1 l� d give 1 rent . It, � —ai, It. If you 41le a Pelson who npeclq a,:cl, nn—od.tionn for tt'15 hearing. please contact the City Clerk's Office at (540)8532641 before 12'00 no— On the rhursd ay before the rilate of the hearing fisted above GIVEN under my hand this :list clay 01 All(Iclst. 2018, - Stephanic_�.M ..� Moon Reynolds City Clerk 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 NOTICE OF PUBLIC HEARING was published in said newspapers on the following dates: 08131, 09107120118 The First insertion being given ... 08131120-18 Newspaper reference; 0000808911 Billing Representativi Sworn to and subscribed before me this Friday, September 7, 2018 lip 4otary jb c -IqH j State f Vi rginia .. IA01 ic City/County of Roanoke My Commission expires,4-0/1131, ZAD/f FtiC' A, THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU NOTICE OF PUBLIC HEARING Pursuant to the provisions of Sections 15.2- 2108.19, et seq., Code of Virginia (1950), as amended, and the federal Cable Communications Policy Act of 1984, as amended, 47 U.S.C. §546(h), the City of Roanoke proposes to grant a ten year renewal of the cable television franchise held by CoxCom, LLC, d/b /a/ Cox Communications Roanoke ( "Cox "). The renewal franchise will succeed and replace the franchise currently held by Cox, which will expire on October 31, 2018. A copy of the proposed renewal franchise agreement between the City of Roanoke and Cox, and the proposed ordinance authorizing the City to enter into the renewal franchise agreement with Cox may be reviewed by the public in-,the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., Roanoke, Virginia 24011. Notice is hereby given that the Council of the City of Roanoke will hold a public hearing on the above matters at its regular meeting to be held on September 17, 2018, commencing at 7:00 p.m., local time, or as soon thereafter as the matter may be heard, in the Council Chamber 4th Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., Roanoke, Virginia. Further information is available in the Office of the City Clerk, (540)853 -2541. All parties and interested citizens may appear on the above date and be heard and give comment on the matter. If you are a person who needs accommodations for this hearing, please contact the City Clerk's Office at (540)853 -2541 before 12:00 noon on the Thursday before the date of the hearing listed above. GIVEN under my hand this 31 st day of August, 2018. Stephanie M. Moon Reynolds, City Clerk Note to Publisher: Please publish twice in The Roanoke Times, once on August 31, 2018, and once on September 7, 2018, in the Legal Notices section of the paper. Send Publisher's Affidavit Stephanie M. Moon Reynolds, City Clerk 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Send Bill to: Sherman Stovall, Assistant City Manager 215 Church Avenue, S.W. Room 364 Municipal South Roanoke, VA 24011 L:AATTORNEY\CASE SHARE \Cable Franchise 2018\PH Notice Cable TV Ordinance.DOC To: Nicole <nicole.harris @zoho.com >, Re: Comments for the public hearing regarding the agreement with Cox Ms. Harris, This will acknowledge receipt of your email requesting that the Council consider bids from other Internet providers in connection with the renewal of the franchise agreement with Cox. Please be advised that your comments will be shared with the Council at its 7:00 p.m. session and will be included in the public record. Stephanie M. Moon Reynolds, MMC City Clerk (540) 853 -2541 (Work) (540) 853 -1145 (Fax) stephanie.moon @roanokeva.gov Nicole I be able to speak during the... 09/17/2018 08:56:33 AM From: i> To: Date: Subject: Comments for the public hearing regarding the agreement with Cox I apologize I will not be able to speak during the public hearing but I'm requesting this email be considered before Council votes in the agreement with Cox. Please consider bids from other internet providers. I think decisions like this could actually hinder people from moving to Roanoke as internet is becoming increasingly important to the way we live daily. Cox prices continue to grow when there services haven't. I was reading company reviews from the Better Business Bureau website and was surprised that several of my past experiences with Cox were shared by other customers. My most recent experience highlights one story that was echoed in the negative reviews I was reading. My husband and I had service with this company over 8 years. We finally left due to getting DirecTV to be able to get the Sunday Ticket to watch all the NFL games. This isn't offered by any other cable provider. We got an internet plan through my wireless plan at AT &T (they no longer offer the plan we chose) so with cable and internet covered through other providers we cancelled Cox. We paid off our balance and asked if we had any equipment to turn in. We were told the account showed we bought and paid for our equipment and that we weren't renting anything, so didn't have anything to turn in. (Apparently, no notes were made to our account that this discussion too place.) About a month later we received a collections notice (not a bill or first notice) telling us we owed almost $200 for equipment we hadn't turned in and that if we didn't pretty withing a month it would be sent to collections. Mind you, we were always on time paying the monthly bills prior to cancelling. Arguing with the company ensued, but we finally were forced to "return" a router and modem they previously confirmed we bought and paid in full for... Now once again, they are our only option. We need a better service provider for internet that doesn't receive so many complaints like this. Please request bids from other companies before agreeing to go with Cox for another 12 years. We need to be competitive in many markets and I think the services people have access to are amongst this. Thank you, Nicole Harris Sent from Zoho Mail on Android Page 1 0f'2 /� , g Cox Communications Contract Treduita "Trials to: ShermG stpiteh, joseph.Cobb, John.Garland, Djuna.Osborne, michell 09/15/2 Hide D From: ` :)m> Sort List... To: Sherman.Lea(ciroanokeva.gov, anita.priee(4,roanokeva.gov, Will iam .bestpitch @roanokeva.gov, joseph.Cobb @roanokeva.gov, John.Garland(aroanokeva.gov, Djiuna.Osborne(�roanokeva.gov, michelle.Dykstra cb,roanokeva.gov Good Afternoon Mayor Lea and City Council Members, It has come to my attention that the contract between Roanoke City and Cox Communications is up for renewal. I urge Council to table the signing of this contract on Monday, September 17th, and solicit bids from other carriers. I ask that Council will not leave the citizens of Roanoke prey to Cox. Their rates have been and will continue to be at their discretion. We deserve to have the option of competitive rates. I am one of thousands of customers that have been told by Cox representatives to save money by purchasing your own modem - knowing that the most expensive modems are required to have the option of voice capability - and also, in order to take advantage of the discounts they offer - you are required to keep your landline phone! It is a vicious cycle with them. I am a Cox customer, that pays $200 per month for basic cable, phone (no long distance), Internet, and basic security features. I want the options of other carriers in our area. Give us the option we deserve - don't allow Cox Communications to have the monopoly on the cable market in the city of Roanoke. Give other companies and the citizens the opportunity of possibly better and more affordable cable file:WC:/ Users /smmoon/AppData/Local /Temp /notesB4EF35 /— web5282.htm 9/17/2018 Page 2 of"' service! Respectfully Submitted, Trequita H. Trials file:/ / /C:[Users /smmoon/AppData/Local /Temp /notesB4EF35 /— web5282.htm 9/17/2018 To: "Charles Whately." <charleswhately @cox.net >, lRe: Internet company Mr. Whatley, Your email will be shared with the Council to be included as part of the d °:cussion on the public hearing this evening regarding the renewal of the fr —h1— anrPPment with Cox. Stephanie M. Moon Reynolds, MMC City Clerk (540) 853 -2541 (Work) (540) 853 -1145 (Fax) stephanie.moon @roanokeva.gov "Charles Whately." The cit From: "Charles Whately." To: mayor@roanokeva.gov Date: 09/17/2018 11:14 AM Subject: Internet company ill, not 1... 09/17/2018 11:14:20 AM The city of Roanoke has dropped the ball, not looking for other bids in regard to a 20 year contract, with Cox. I have a home in Myrtle Beach, SC with the same service I pay SPECTRUM $56.02 A MONTH AND IT ALSO INCLUDES PHONE SERVICE. Cox is CHARGING ME OVER $200.00 FOR THE SAME SERVICE FOR MY HOME IN ROANOKE. It looks to me as though the City of Roanoke, along with your constituents, would be thrilled to save 70% on there monthly bill. You claim to look for ways to save the city money. So get out there and request bids on the City's service in order to give the City along with your constituents an oppertunity for competitions. Charles F. Whately III 2944 Lockridge Rd Roanoke, Va 24014 -4209 Sent from my iPad i o 'nelissa.reddicks @yahoo.com> Re: Cox Cable contract ending This will acknowledge receipt of your email regarding the public hearing tonight on the renewal of the franchise agreement with Cox. Your email will be included in the public record. Stephanie M. Moon Reynolds, MMC City Clerk "melissa.reddicks @yahoo.com" Hello Mayor Lee, my name is Meli... 09/17/2018 12 :16:52 PM Froarr "melissa.reddicks @yahoo.com" <melissa.reddicks @yahoo.com> To: sherman.lea @roanokeva.gov Date: 09/17/2018 12:16 PM Subject: Cox Cable contract ending Hello Mayor Lee, my name is Melissa Reddicks & the purpose of my email is in regards to the council meeting that is scheduled to take place tonight @ 7:00. Unfortunately my husband & I are Cox Cable Customers, the only reason that we are is because there isn't another option for Cable & internet services in the city, especially where we live.. We are currently paying an excessive of $200 for Cable services, that's not including any special or premium channels. Every month the bill increases, we simply cannot afford Cox any longer. There must be another option/competitor besides Cox`'The prices & service as well as the customer service are HORRIBLE!! My husband & I will try our very best to make it to the meeting tonight, but in the event that we can't. I at least wanted to voice our opinion.. Sent from my Boost Mobile Phone. As' Tc7: Re: Cox This will acknowledge receipt of your email regarding the public hearing tonight on the public hearing on the franchise agreement with Cox. Please be assured that your comments will be made part of the record. Stephanie M. Moon Reynolds, MMC City Clerk "A. Vass" We need another carrier than Cox Communicati... 09/17/2018 12:56:44 PM From: "A. Vass" <anv127 @yahoo.com> To: John Garland <john.garland @roanokeva.gov >, Anita Price <anita.price @roanokeva.gov >, Bill Bestpitch <bill.bestpitch @roanokeva.gov >, Sherman Lea <sherman.lea @roanokeva.gov >, Michelle Dykstra < michelle .dykstra @roanokeva.gov >, "djuna.osborne @roanokeva.gov" <djuna.osborne @roanokeva.gov >, Joe Cobb <joseph.cobb @roanokeva.gov> Date: 09/17/2018 12:56 PM Subject: Cox We need another carrier than Cox Communications for Roanoke. To: starcityflyer @aol.com, lawRe: COX CABLE Agenda Item Duane, This will acknowledge receipt of your email regarding the public hearing tonight on the franchise agreement with Cox. Please be assured that your email will be shared with the Council and made part of the record. Stephanie M. Moon Reynolds, MMC City Clerk (540) 853 -2541 (Work) (540) 853 -1145 (Fax) stephanie.moon@roanokeva.gov starcityflyer Dear Mayor and Members of City Council: I was... 09/17/2018 04:27:59 PM From: starcityflyer @aol.com To: Stephanie.moon @roanokeva.gov Date: 09/17/2018 04:27 PM Subject: COX CABLE Agenda Item Dear Mayor and Members of City Council: I was asked through Social Media to attend this evenings meeting discussion on COX Cable. I know I speak for hundreds, if not thousands of city residents over the two decades I had COX. They so abuse their grip on this area in constantly raising rates and fees. Like many I've played the switcharoo game of going to Direct T.V. and they eventually get to high, drop them and start back at COX on a much lower rate as a comeon for a year. Once that year is up rates will double and one is right back where they started from. I was forced to drop them and any subscriber service due to putting one's financial priorities in order. I now use HD Antennas to get whatever reception will come in, however am forced to keep their internet service which they continue as usual with nickle and diming us with rate increases. I would implore you to consider whatever action is available to you, if you can, to take some position that could serve notice on them on this issue. If you have COX you must be aware of the endless mailings and advertisement they send out. That is a needless expense on a monopoly that could be saved from rate increases on the consumer. Thanking you for your time and service to the city. Toy Re: Cox Communications This will acknowledge receipt of your email regarding the public hearing tonight on the franchise agreement with Cox. Please be assured that your comments will be shared with the Council and made part of the record. Stephanie M. Moon Reynolds, MMC City Clerk (540) 853 -2541 (Work) (540) 853 -1145 (Fax) stephanie.moon @roanokeva.gov Linda Stephanie, Good afternoon. I have been inform From: Linda <mskat30025 @yahoo.com> To: 1. stephanie.moon @ roanokeva.gov" <stephanie.moon @roanokeva.gov> Gate: 09/17/2018 03:26 PM Subject: Cox Communications Stephanie, A --� 09/17/2018 03:26:25 PM Good afternoon. I have been informed that on that agenda for tonight is the topic of the 20 , year contract for Cox communications. I for one would not like to see this contract allowed to go forth. Cox has been a nightmare to deal with and the fact that we are locked in to only choosing them as our cable provider has left me with a bad taste in my mouth. I would like to see the Council side on the voters and consumers than this monopoly in our community. As a member of this community, I deserve the ability to have options for the services I pay for. Please note my feelings toward this issue into the record. If you need any other information or have any other questions feel free to respond to this email. Thank you, Linda Boehlen 3343 A Circle Brook Dr Roanoke, VA 24018 (920) 217 , 1532 To: Bridget Randolph -I To: Re: Cox cable. Ms. Randolph, This will acknowledge receipt of your email regarding the public hearing this evening on the franchise agreement with Cox. Please be assured that your email will be shared with the Council and will be made part of the public record. Stephanie M. Moon Reynolds, MMC City Clerk Bridget Randolph Hello, my name is Bridget Randolph. I want be a... 09/17/2018 05:36:03 PM From: Bridget Randolph <brandolph28 @gmail.com> To: sherman.lea @roanokeva.gov Date: 09/17/2018 05:36 PM Subject: Cox cable. Hello, my name is Bridget Randolph. I want be able to make the meeting due to work but I am very unhappy with Cox cable but that's all we can have at the apartments I live in. I'm paying a arm & a leg for just basic cable no movie channels or anything like that & internet. $230.00 a month. Then my cable had gotten cut off I paid Cox Cable $310.00 being told that would restore service that day. Well that never happened then then told me that I needed to pay another $207.00 for the boxes that I had for a deposit or I could pay for them to come change box the box or do it myself for free but I would have to pay $100.00. I told them I would think about what I was gonna do. Then someone called me back & said they would restore my service after the payment I had made. I was put on hold for 45 minuets & still got nothing & they hung up. So I was left confused I called & talked to someone else & like every other time I got something different. So I just asked how much for the internet and he told me I wouldn't have to pay anything but he couldn't cut it back on because I had a old drive. He told me if I took it back the next day they would give me a new one at no charge. I went & they tried to charge me $50.00 I told them to keep it then he said okay & just the internet service would be $70.00. I got the bill & it was $187.00. I even asked about the internet program for $10.00 due to living in a home through the housing authority. I was told I wouldn't quality because I was already a customer but they told me they needed to do everything like I was a new customer. My income is different now I had to take a pay cut due to my child starting school & she wasn't in school then she just started. It would be wonderful if we had an other option than Cox Cable. Thank you so much & I hope you get this & take it into consideration. Bridget Randolph (540)759 -2741 Sent from my iPhone