HomeMy WebLinkAboutCouncil Actions 09-20-21ROANOKE CITY COUNCIL
REGULAR SESSION
SEPTEMBER 209 2021
2:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
BESTPITCH
42147 - 092021
The City of Roanoke is a safe, caring and economically vibrant community in
which to live, learn, work, play and prosper
A vibrant urban center with strong neighborhoods set amongst the spectacular
beauty of Virginia's Blue Ridge
1. Call to Order - -Roll Call. All Present.
The Invocation was delivered by The Reverend Elizabeth Link, Pastor,
Second Presbyterian 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:
Today's Council meeting will be televised live and replayed on RVTV Channel 3
on Thursday, September 23 at 7:00 p.m., and Saturday, September 25 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:
Roanoke Civic Center Commission — one vacancy
Roanoke Valley Regional Cable Television Committee — one vacancy
Towing Advisory Board — one vacancy (Citizen at- large)
Access the City's homepage to complete an online application for the
abovementioned vacancies.
2. PRESENTATIONS AND ACKNOWLEDGEMENTS: NONE.
3. HEARING OF CITIZENS UPON PUBLIC MATTERS:
City Council sets this time as a priority for citizens to be heard. If deemed
appropriate, matters will be referred to the City Manager for response,
recommendation or report to the Council.
Cam Terry, 1905 Wise Avenue, S. E., appeared before the Council and
spoke with regard to the American Rescue Plan Act funding to advocate for
aid for LEAP for Local Food.
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 A communication from the City Manager requesting that Council convene
in a Closed Meeting to discuss the disposition of City -owned property located at
29 Campbell Avenue, S. W., where discussion in an open meeting would
adversely affect the bargaining position or negotiating strategy of the public body,
pursuant to Section 2.2 -3711 (A)(3), Code of Virginia (1950), as amended.
RECOMMENDED ACTION: Concurred in the request.
0,
C -2 A communication from the City Manager requesting that Council convene
in a Closed Meeting to discuss the acquisition of real property, where discussion
in an open meeting would adversely affect the bargaining position or negotiating
strategy of the public body, pursuant to Section 2.2 -3711 (A)(3), Code of Virginia
(1950), as amended.
RECOMMENDED ACTION: Concurred in the request.
C -3 Annual report of the Audit Committee for the Fiscal Year ending June 30,
2021.
RECOMMENDED ACTION: Received and filed.
C -4 Minutes of the Audit Committee held on Wednesday, June 2, 2021.
RECOMMENDED ACTION: Received and filed.
C -5 Reports of qualification of Marc Nelson as a City representative of
the Virginia's First Regional Industrial Facility Authority for a term of
office ending June 30, 2022;
Robert Arrington as a member of the Roanoke Civic Center
Commission for a three -year term of office commencing October 1,
2021 and ending September 30, 2024; and
Erika J. Bergen as a member of the Human Services Advisory
Board for a four -year term of office, commencing December 1,
2021 and November 30, 2025.
RECOMMENDED ACTION: Received and filed.
REGULAR AGENDA:
5. PUBLIC HEARINGS: NONE.
6. PETITIONS AND COMMUNICATIONS: NONE.
7. REPORTS OF CITY OFFICERS AND COMMENTS OF THE
CITY MANAGER:
a. CITY MANAGER:
BRIEFING:
• American Rescue Plan Act Recommendations - 30 minutes
Received and filed.
Concurred in the recommendation. (7 -0).
3
ITEMS RECOMMENDED FOR ACTION:
1. Acceptance of the 2022 Department of Motor Vehicles Highway
Safety — City of Roanoke Pedestrian Safety Campaign Grant.
Adopted Resolution No. 42147 - 092021 and Budget Ordinance
No. 42148-092021. (7 -0)
2. Acceptance of the Virginia Department of Motor Vehicles 2022
Traffic Safety (Selective Enforcement - Alcohol) Grant.
Adopted Resolution No. 42149 - 092021 and Budget Ordinance
No. 42150-092021. (7 -0)
3. Acceptance of the Virginia Department of Motor Vehicles 2022
Traffic Safety (Selective Enforcement - Occupant Protection) Grant.
Adopted Resolution No. 42151 - 092021 and Budget Ordinance
No. 42152-092021. (7 -0)
4. Acceptance of the Virginia Department of Motor Vehicles 2022
Traffic Safety (Selective Enforcement - Speed) Grant.
Adopted Resolution No. 42153 - 092021 and Budget Ordinance
No. 42154-092021. (7 -0)
5. Acceptance of the Virginia Department of Motor Vehicles 2022
Traffic Safety (Selective Enforcement — Pedestrian Bicycle Safety)
Grant.
Adopted Resolution No. 42155 - 092021 and Budget Ordinance
No. 42156-092021. (7 -0)
6. Acceptance of the Shuttered Venues Operators Grant from the
Small Business Administration Office of Disaster Assistance to
provide support to live venue operators in response to the impacts
of COVID -19.
Adopted Resolution No. 42157 - 092021 and Budget Ordinance
No. 42158-092021. (7 -0)
7. Authorization to submit an application to the Virginia Department of
Transportation for funding of the FY 2027 and FY 2028 Revenue
Sharing Programs for construction or improvement of the City's
infrastructure systems.
Adopted Resolution No. 42159 - 092021. (7 -0)
M
8. Authorization to submit an application to the Virginia Department of
Transportation for FY 2023 Transportation Alternatives Program
funding for pedestrian improvements between Hawthorne Avenue
and Woodbury Street, N. W.
Adopted Resolution No. 42160- 092021. (7 -0)
COMMENTS OF THE CITY MANAGER. NONE.
b. CITY ATTORNEY:
Approval of a Memorandum of Understanding in connection with
the FY 2022 and FY 2023 Ironman 70.3 Triathlon event.
Adopted Resolution No. 42161- 092021. (7 -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. 42162- 092021. (7 -0)
b. A report of certain Authorities, Boards, Committees and Commissions in
which City Council serve as liaisons or appointees.
Council Member Cobb announced the selection of Christopher
Roberts as Youth and Gang Violence Prevention Coordinator who
will coordinate activities and programs between City departments,
community groups, stakeholders, and agencies in the awareness,
suppression, intervention and prevention of youth and gang - related
activity; and also advised that the Commission would bring a full
report from the recipients of mini grants designated for prevention
and intervention of gun violence at the October 18 Council meeting.
Council Member Bestpitch advised that the last meeting of the
Legislative Committee would be held in December and requested
recommendations be submitted by the end of October.
9. UNFINISHED BUSINESS: NONE.
10. INTRODUCTION AND CONSIDERATION OF
ORDINANCES AND RESOLUTIONS: NONE.
5
11. MOTIONS AND MISCELLANEOUS BUSINESS:
a. Inquiries and /or comments by the Mayor and Members of City Council.
NONE.
b. Vacancies on certain authorities, boards, commissions and committees
appointed by Council. NONE.
12. RECESS - 4:00 P.M.
At 4:00 p.m., the Council Meeting was declared in recess for a Closed Meeting in
the Council's Conference Room, Room 451, Noel C. Taylor Municipal Building;
and thereafter to be reconvened at 7:00 p.m. in the Council Chamber.
L
ROANOKE CITY COUNCIL
REGULAR SESSION
SEPTEMBER 20, 2021
7:00 P.M.
CITY COUNCIL CHAMBER
215 CHURCH AVENUE, S. W.
AGENDA
Call to Order - -Roll Call. All Present.
The Invocation was delivered by The Reverend Gary Holland, Pastor,
Trinity Missionary Baptist 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.
CERTIFICATION OF CLOSED MEETING. (6 -0, Mayor Lea was not in
attendance at the Closed Meeting)
NOTICE:
Tonight's Council meeting will be televised live and replayed on RVTV Channel 3
on Thursday, September 23 at 7:00 p.m., and Saturday, September 25 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.
7
A. PUBLIC HEARINGS:
1. Request of BrightView, LLC, to rezone property located at 1345 Plantation
Road, N. E., from 1 -1, Light Industrial District, to INPUD, Institutional
Planned Unit Development District, to be used as an outpatient mental
health and substance abuse clinic. Mike DiMaggio, Vice- President,
Brightview, Spokesperson.
Adopted Ordinance No. 42163- 092021. (5 -2, Council Members Moon
Reynolds and Sanchez -Jones voted no.)
2. Request of CFT NV Developments, LLC, to rezone a portion of property
located at 4807 Valley View Boulevard, N. W., from CLS, Commercial -
Large Site District, to MXPUD, Mixed Use Planned Unit Development
District, subject to the Development Plan that specifies location of the
building, infrastructure, site access and building design. Tom Rud, Agent,
Spokesperson.
Adopted Ordinance No. 42164- 092021. (7 -0)
3. Receive citizen comments with regard to the proposed 2020 - 2021 HUD
Consolidated Annual Performance and Evaluation Report. Robert. S.
Cowell, Jr., City Manager.
Adopted Resolution No. 42165- 092021. (7 -0)
4. Proposal of the City of Roanoke to consider the sale of property located at
0 Norfolk Avenue, S. W., to TLC Properties, local operator of Lamar
Advertising. Robert S. Cowell, Jr., City Manager.
Withdrawn.
B. NEW BUSINESS:
1. Execution of Amendment No. 4 to the First Reinstated Agreement for the
Exchange of Real Estate between the City of Roanoke and Rutherfoord
Partners, LLC, in connection with a new transportation Facility.
Adopted Ordinance No. 42166- 092021. (7 -0)
2. Execution of Amendment No. 4 to the First Reinstated Agreement for the
Exchange of Real Estate between the City of Roanoke and Greater
Roanoke Transit Company, in connection with a new transportation
facility.
Adopted Ordinance No. 42167- 092021. (7 -0)
:3
C. HEARING OF CITIZENS UPON PUBLIC MATTERS:
NONE.
D. ADJOURNED - 7:47 P.M.
V
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: September 20, 2021
Subject: Request for Closed Meeting
This is to request that City Council convene in a Closed Meeting to discuss the
disposition of City -owned property located at 29 Campbell Avenue, S.W., where
discussion in an open meeting would adversely affect the bargaining position or
negotiating strategy of the public body, pursuant to Section 2.2 -3711 (A)(3),
Code of Virginia (1950), as amended.
Robert . Cowell, Jr.
City Manager
Distribution: Council Appointed Officers
Clarence Grier, Deputy City Manager
W. Brent Robertson, Assistant City Manager for Community Development
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: September 20, 2021
Subject: Request for Closed Meeting
This is to request that City Council convene in a Closed Meeting to discuss the
acquisition of real property, where discussion in an open meeting would
adversely affect the bargaining position or negotiating strategy of the public
body, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended.
Robert S. Cowell, Jr.
City Manager
Distribution: Council Appointed Officers
Clarence Grier, Deputy City Manager
W. Brent Robertson, Assistant City Manager for Community Development
AUDIT COMMITTEE ANNUAL REPORT
For Fiscal Year Ending June 30, 2021
ROANOKE
August 9, 2021
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.
Council elections were moved from May to November in 2020. Two members of the Audit
Committee did not run for reelection, which resulted in the need to appoint two new members
after January 1, 2021:
Committee Member
Anita Price, Chair
Joe Cobb, Vice -Chair
Michelle Davis, Member
Mavor Lea, Ex- Officio
-- - .. -- - - -- --
Committee Member
Joe Cobb, Chair
Trish White -Boyd, Vice -Chair
Bill Bestpitch, Member
Mayor Lea, Ex- Officio
9/2/20
12/21/20
J
j x
313/21
6/2/21
J
j x
J
�
x I x
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, 2021, included:
• City Council Expenditures - FY20
• Police Cash and Fees - CY19
• Annual Simplified Comparative 2020
• Clerk of the Circuit Court - 3/31/20
• On- Street Parking
• Building Inspections
• Annual Financial Reports - FY20
• Landscaping Maintenance Follow -Up
• APA Audit of Collections - FY20
• Fire EMS Operations Follow Up
• DSS Adult / Family Services Follow -Up
• Investigation - SWM Early Release
• Tax & Treasury System Implementation
Municipal Auditing's Annual Report for the year ending June 30, 2021, is attached. Meeting
minutes, audit reports and updates are available online through the City's website at
www.roanokeva.gov /auditing.
MINUTES
Audit Committee of Roanoke City Council
Location: Emergency Operations Center
Noel C. Taylor Municipal Building, Room 159 North
Date: June 2, 2021
Time: 4:03 p.m. to 5:27 p.m.
Attendees:
Audit Committee Member Present (Y /N)
Joseph Cobb (Chair) Y
Patricia White -Boyd (Vice- Chair) N
Bill Bestpitch (Member) Y
Sherman Lea (Ex- Officio) N
Drew Harmon, Municipal Auditor
Sherman Stovall, Deputy City Manager
Clarence Grier, Deputy City Manager
Brent Robertson, Assistant City Manager for Community Development
Tim Spencer, City Attorney
Amelia Merchant, Director of Finance
Dawn Hope Mullins, Assistant Municipal Auditor
Tasha Burkett, Information Systems Auditor
Cari Spichek, Senior Auditor
Brian Pendleton, Senior Auditor
Evelyn Powers, City Treasurer
Terra Heavner, Chief Deputy Treasurer
John Aldridge, Partner, Brown Edwards
1. Call to Order:
Mr. Cobb welcomed everyone and called the meeting to order at 4:03 p.m.
2. Approval of the Minutes from the March 3, 2021 Meeting:
Mr. Cobb asked if there were any comments on or corrections to the March 3, 2021 meeting minutes.
Mr. Harmon noted a correction was needed. On page four, the sentence that reads "Mr. Cobb
reminded Committee Members that the separate memo he provided ..." should be changed to read
"Mr. Cowell reminded ... ".
As only two committee members were present, Mr. Bestpitch recommended approving the minutes
without objection. Mr. Cobb recognized Mr. Bestpitch's recommendation and the minutes were
approved with the amended sentence.
June 2, 2021 Page 2 of 10
3. External Audit Plan for Year Ended June 30, 2021:
Mr. Cobb recognized Mr. Aldridge for comments. He thanked the Committee for the opportunity to
discuss the Fiscal Year 2021 audit plan. The General Audit Plan contains the bulk of the information
about the audit process. As identified on Page 11, there are five significant audit areas this year, as
follows:
• The Coronavirus Aid, Relief, and Economic Security Act [CARES] — Funding and related
compliance testing is required. The rules related to this grant were issued towards the end of last
year, well after the funds were distributed. Now, in year two, Brown Edwards is required to review
grant activity.
• Other Post - Employment Benefits and Pension — These funds have actuarial reports that are
complex and require careful review.
• Debt — A lot of time was spent on this area last year. It will again require thorough review.
• Capital Assets — There were a lot of things to be improved upon in this area last year. Brown
Edwards has already spoken with Department of Finance in relation to these assets.
• Joint Ventures — These are agreements with other localities, which need to be reviewed to make
sure they are booked accurately. The accounting related to these contracts is a little unusual and
Brown Edwards just need to make sure they are accounted for properly.
Mr. Aldridge explained that the City had a material weakness audit finding last year which requires it to
be designated as a high -risk auditee related to federally- funded expenditures. This means the auditors
are required to examine at least 40% of federal expenditures, as compared to 20% for low -risk
auditees. This will affect which grant programs, and how many, are chosen for compliance testing.
Specific programs for review will be identified once the preliminary schedule is provided by City staff,
currently expected by June 4, 2021.
The general plan includes a timeline of key dates for a successful engagement. Mr. Aldridge noted the
importance of staying on track and completing the financial statements on time this year. This timeline
has been shared with City staff. If these dates are met and things are in good order, there should not
be a problem completing the audit by the end of November.
Brown Edwards has conducted a two -to -three hour training with Department of Finance staff, which
was productive. Mr. Aldridge previously committed to providing progress reports to the Committee. He
asked Mr. Cobb how he would like this information to be reported, as good communication is critical.
Mr. Cobb and Mr. Bestpitch asked that Mr. Aldridge email the updates to Committee members and Mr.
Harmon. He will begin providing updates on August 315t and will let them know if milestones are met.
June 2, 2021
Page 3 of 10
Mr. Aldridge reminded the Committee that Brown Edwards had offered to prepare this year's financial
report so that City staff would have extra time to stay caught up on everything else. He noted that the
Department of Finance has chosen to continue preparing the report themselves. The firm will jump in
and help, if needed.
There is one new accounting standard to implement this year. It is related to reporting fiduciary funds
and should not have a sizable impact on the City. It will be a bigger deal for schools, as they will now
have to bring student activity funds into their financials. Mr. Harmon asked if these funds also need to
appear in the City's financial report. Mr. Aldridge responded in the affirmative, but only as a part of the
Roanoke City Public School's numbers. Mr. Aldridge asked if there were any questions.
Mr. Bestpitch thanked Mr. Aldridge for focusing on the highlights of the plan. He also noted that the
schedule is ambitious, but that it needs to be. The financial report needs to be done before the end of
November, and the City has had trouble meeting this deadline in the past. He asked to be notified if
any slippage should occur. Mr. Aldridge affirmed that he will keep the Committee posted.
Mr. Cobb asked if the City will see any effects from the American Rescue Plan funds or will those be
received and audited next year. Mr. Aldridge responded that activity will probably take place in Fiscal
Year 2022. Generally, guidance for these funds are published several months after the proceeds are
released. This causes some localities to delay using the funds until they can be sure as to the rules.
Mr. Harmon reminded everyone that the Auditor of Public Accounts deadline for localities to file
financial reports with them is December 15, 2021. Mr. Bestpitch reiterated his expectation that the
audit be completed by the end of November. Mr. Harmon added that an Audit Committee meeting is
planned for December 20, 2021 at 1:00 p.m.
Mr. Cobb thanked Mr. Aldridge. Hearing no further questions or discussion, the plan was received and
filed.
4. Division of Human Services — Adult and Family Services Follow -Up:
This is follow -up to the Adult Services and Family Services investigations completed in 2019. The
original Adult Services investigation was initiated at the request of the Division of Human Services due
to concerns about a former supervisor. It was ultimately found that this employee had taken advantage
of her position to approve inappropriate expenditures, some of which benefitted her family and friends.
The main issues identified during the original audit were: 1) one person controlling too much of the
process, 2) incomplete applications, 3) lack of appropriate reviews, and 4) an absence of supporting
documentation for payments. After noticing irregular expenditures on credit cards, staff also began an
investigation of the Family Services area. More specifically, a review of Fostering Futures payments
was undertaken. This grant serves teenagers transitioning out of foster care into independent living.
The follow -up audit found documentation was much improved and identified no irregular expenditures.
There is still work to do in terms of documenting processes. Auditing will revisit the area in a year or
so. Mr. Harmon asked the Committee for questions or comments.
June 2, 2021
Page 4 of 10
Mr. Bestpitch inquired if there is a way to get periodic progress reports, instead of waiting a year. Mr.
Harmon responded that he would be glad to provide those. One of the target dates has already
occurred and Human Services administration is very cooperative. He will let them know Auditing plans
to keep checking in periodically.
Mr. Cobb inquired as to the reason for the drop in Adult Services cases and expenditures. Mr. Harmon
responded that prior year expenditures were inflated by ineligible expenditures approved by the former
supervisor. Mr. Robertson added that COVID related precautions caused suspension of various
services of this type in DSS. Additionally, there has been a drop in complaints and reports. Human
Services staff is now getting back to their previous routines. Mr. Cobb concurred that he would also like
regular progress updates.
Mr. Cobb asked for additional questions or discussion. Hearing nothing further, the report was received
and filed.
5. Solid Waste Management Early Release Time:
Mr. Harmon noted that this investigation resulted from multiple hotline complaints, the first of which was
received in May 2018. At the time, he spoke with management and understood the need for early
release times due to fluctuations in work volumes. Additionally, changes to the fleet were in progress at
the time that were improving vehicle availability. The results were reported to the Committee as part of
the annual hotline update.
Additional complaints were received in late 2019 and early 2020. Mr. Harmon again checked with
management, who stated early release time was being tracked and would be a priority for a new Solid
Waste Manager when hired. Management reported that early release hours averaged less than ten
(10) hours per month in 2019.
A fourth complaint was received in March 2021, prompting the decision to undertake a full investigation.
A fifth complaint was received in April. Attendance and early release hours were being recorded in the
NovaTime system, providing data for audit analysis.
Solid Waste services approximately 42,000 households weekly, which requires managing workforce
availability to ensure all trash is picked up. When the pandemic began, changes were made in how
employees clocked in and out in order to reduce close contact. Additionally, pandemic travel
restrictions had the effect of reducing paid leave requests. Leave hours dropped by 4,100 hours in
2020 compared to 2019, while early release time increased by 9,300 hours. More staff reporting to
work and being released immediately after routes were completed clearly increased early release
hours. Mr. Harmon noted that management had advertised for a route study prior to the March
complaint, and is in the process of selecting a vendor.
June 2, 2021
Page 5 of 10
Mr. Bestpitch asked about the nature of the hotline reports and if specific dates, times and individuals
were identified. Mr. Harmon responded that the reports did not name individuals or cite specific dates
and times.
Mr. Bestpitch stated the many citizens can go a year or more without going to the library or calling 911,
but they want their trash picked up every week. At the same time, Solid Waste employees are on the
bottom end of the pay scale. Staff go above and beyond to keep streets clean. If there is not anything
else for them to do when routes are completed, they should not be expected to sit around until it is time
to clock out. Mr. Harmon agreed, noting it was not an employee issue but an issue of effective
workforce management. There were no formal policies addressing how early release and paid leave
would be managed to control over and under staffing.
Mr. Stovall addressed the Committee and explained that early release is an operational practice
common within the solid waste industry. However, localities have been moving away from the practice
and it is the City's intent to do so as well. He noted that the Solid Waste Department functions on a
task -based system, as there are designated days for collections based on geographic area. Once the
day's tasks are complete, there is really no other work to assign. Management has looked at litter pick-
up, but felt uncomfortable with it. As vacancies occur they are not being filled. Once the route
optimization study is complete, some of the things mentioned in the report will become part of
management practices, including adjustments to the number of staff needed as buffers for employee
leave. He note that the current system has been in place for at least 40 years, and that Roanoke
County uses a similar approach. However, because the County's routes are more appropriately sized,
it has not experienced the same level of early release time. Mr. Stovall added that he appreciated the
anomalies in coding identified in the audit. As far as operational practices go, after routes are updated
there will still be a certain level of early release time. He again thanked Mr. Harmon and noted he was
more than accommodating in including management's perspective in the body of the report, in addition
to the management comments section.
Mr. Bestpitch thanked Mr. Stovall for his observations and asked that he relay to Solid Waste staff
members that they are doing an outstanding job.
Mr. Cobb expressed his appreciation for employees in Solid Waste Management as well. He asked
about the size of the Solid Waste staff and if there are any double shifts. Mr. Stovall replied that
employees do not work double shifts. He noted that the City has done a better job of replacing
equipment than was the case eight or ten years ago. This enables better operational performance and
faster completion of routes. He also reiterated earlier comments about reductions in paid leave taken,
as employees were neither traveling nor requesting vacation during the pandemic. With a full
complement of resources, work was completed much more quickly. Mr. Stovall stated that there are
things that need to be worked on with respect to coding and related to the data anomalies. They will
correct this issue and management will refine their approach to operational practices once the
optimization study is done.
Mr. Cobb asked about progress in hiring a Solid Waste Manager. Mr. Stovall responded that, while
they have come close a couple of times, the search has not been successful. This has primarily been
June 2, 2021
Page 6of10
related to position salary and maintaining parity within manager level positions throughout the
organization.
Mr. Cobb asked who will perform the optimization study. Mr. Stovall replied that the City is still in the
solicitation process. The study is expected to begin no later than July. Mr. Cobb asked if there is a
dedicated timeline for completion. Mr. Stovall could not recall, but will provide the requested
information.
Mr. Cobb expressed his appreciation for everyone's attention to this issue. Solid Waste employees
showed up for work during the pandemic, not only because it was expected but because they chose to.
He commended them, as well as all City employees, for their dedication. This review of the process,
along with related discussions, will only make the process stronger in the long -term. He asked for
clarification as to the differences between early release, paid leave and overtime.
Mr. Harmon responded that early release hours are credited to staff to bring them up to 10 hours each
day. Employees can be paid for a day off using their paid leave bank, which requires management to
approve an NLA. Overtime also requires management approval via and NLA, and is required by Fair
Labor Standards when hours worked exceeds 40 over the workweek.
Mr. Harmon noted that the City's defined workweek runs Tuesday through Monday. If city offices are
closed for a holiday on Monday, trash collection is shifted to Tuesday through Friday that week, the
reverts to Monday through Thursday the following week. This results in Solid Waste employees
working five (5) ten hour days in one workweek. On the fifth day (Monday), Solid Waste employees
only receive credit for the actual time worked since they are in overtime status at that point.
Mr. Stovall added that, as pointed out in the report, staff are not penalized for early release time. Mr.
Spencer commented that this is how certain Public Safety positions are handled, so the practice is
similar in other parts of the organization.
Mr. Cobb thanked everyone again and noted the report was very helpful. Hearing no further questions
or comments, the report was received and filed.
6. PCI Project Overview:
Mr. Harmon recognized Ms. Burkett, who thanked the Committee for the opportunity to provide an
update and discussed the project overview, with input from Mr. Harmon, as follows:
• Page 2 — Significant challenges exist with the project, including trying to convert seven existing
systems, some in existence for 30 years or more, into one platform. The need for data cleanup has
been more substantial than originally anticipated. Additionally, processes that were previously
siloed within departments must now be unified across departments. This creates different risks that
require new controls.
June 2, 2021
Page 7 of 10
The biggest challenge has been maintaining the usual day -to -day operational work and having
sufficient time to devote to the PCI project. January through May, which includes business license
and personal property deadlines, is the busiest time of the year.
• Page 3 — PCI was thought to be an off - the -shelf product. However, the system actually requires a
great deal of customization. The base system was not functional when installed and has taken
considerable time to build. As a customized system, standard user instructions are not available.
PCI assigned a Project Manager that was new to the company and new to project management.
She was formerly a client user of the PCI system, but as noted, the system is customized for each
client. This places her in a difficult position when trying to answer questions about the system. The
City was originally assigned an experienced project manager. However, PCI promoted this
experienced project manager to COO after the incumbent passed away.
During the course of our project a large company absorbed PCI, which requires their staff to adjust
to additional corporate changes. Additionally, other Virginia clients are in need of PCI resources to
upgrade or install their systems. Mr. Cobb asked when the purchase happened. Ms. Burkett
replied that the she believes it was in December 2019. Since the change, PCI has been introducing
new third parties into the implementation, creating the need to review contracts and agreements.
• Page 4 —Everyone has been impacted by COVID19, our project was no exception. The pandemic
significantly slowed implementation activity due to required renovations, social distancing
requirements, and new cleaning protocols. While the use of Zoom helped alleviate issues, not
being able to work together in person has been fatiguing. Lastly, the overall environment is more
stressful due to fear of contracting COVID, caring for family members, and providing customer
service for increasingly frustrated customers.
• Page 5 — When the team realized that the current go -live date was not feasible, a new plan was
developed. The new target is October 2021 and everyone is committed to making it happen. The
plan is to focus on one specific tax type at a time. The real estate sessions have already been
done through these focus meetings, which were found to be very helpful. The plan is to complete
all tax types by the end of July and to begin user acceptance testing in August.
Auditing has asked both offices to consider closing to the public one day a week to help staff focus
on the project without interruptions from customer calls and issues. It is especially important to free
up time for department management who are the key decision makers.
• Page 6 — As of the end of May, the overall project is estimated to by about 61 % complete compared
to our goal of being 90% complete at this point in time. Once the base system is sufficiently
developed, management will be able to see the system work in a more complete way. This is
expected to speed up progress and allow us to close the gap.
Mr. Cobb asked if a ramp up in this activity is anticipated after July 27'". Mr. Harmon responded
that the team will start ramping up next week. The project is definitely heading in the right direction.
June 2, 2021
Page 8 of 10
In this busy time, staff has only been able to deal with smaller project tasks. Once work is
restarted, open items will begin moving along quickly.
Ms. Burkett added that the original estimate for City staff time was approximately 29,000 hours. To
date the team has invested over 25,000 hours of time in the project.
Mr. Cobb asked Ms. Powers how the project is going for her team. Ms. Powers agreed with everything
presented. The implementation has been difficult. She recently spoke with a treasurer who went live
with a system in December and said it was the worst thing he has ever had to do. They are still having
issues after go -live. He was able to provide some good tips. She has also talked to other treasurers
around the state who are experiencing similar issues with PCI. Ms. Powers noted that the software
should not have required so much customization as localities perform many similar tasks.
Additionally, Ms. Powers commented on the challenges of the pandemic. Her office has been open to
the public every day, even when all other City offices were closed to the public. She thanked Mr.
Stovall for his assistance in working through renovations to enable the cashiers to safely serve the
public. She also thanked the Fire -EMS department who provided training to her staff. Ms. Powers
noted that one positive has been more people pay choosing to pay online, which has actually helped
the office stay caught up with personal property payment processing. She expects the new online
payment platform with PCI will really help her office.
Ms. Powers stated that Ms. Burkett has been wonderful and everybody has worked really hard. She
cannot explain how frustrating the project has been. It is the biggest system implementation ever
undertaken by the City. Working on Zoom has been difficult, as they lack the ability to sit down and see
things as they are done. The vendor will pull up the system and begin to demonstrate how a task is
done and then it will not work. Vendor staff sometimes says they have never seen the error before.
There has been a lot of frustration. Additionally, when the company was acquired, staff started hearing
about other products and began being introduced to other associated vendors. When the team
encounters things like that, it takes time, and input from the City Attorney's Office, to make sure the City
is covered by the current contract.
Most people have no idea how hard employees in the Treasurer's Office, Commissioner of the
Revenue's Office and Municipal Auditing have worked through the pandemic. If it were not for such
dedicated employees, the numbers would be a lot lower. Now that busy season is over, she and her
team are ready to go and get this done.
Mr. Cobb thanked Ms. Powers and all the employees involved for their dedication. He expressed
concern about relying on the vendor going forward, given the poor performance to date. It appears
critical commitments in the contract are not being fulfilled. Mr. Harmon responded that PCI is used by
several Virginia localities who have historically been happy with its performance. Clients include
Norfolk, who continues to be happy with the system. He noted that having a large number of PCI
clients in Virginia also provides for a strong users group, which is why Ms. Powers has been able to call
on other treasurers for input. Mr. Harmon noted that vendor staff are working holidays and weekends
as well.
June 2, 2021 Page 9 of 10
Ms. Powers added that she has not spoken with a treasurer who said they hate the product. It is just
that there is currently a crunch where everybody is waiting to get a little piece of something done. The
vendor does answer calls and emails, things are just slow. COVID has also been a hit for them as well
and she noted that the vendor would prefer to be here if they could.
Mr. Harmon further explained that the system is on an older platform. When changes are delivered,
every computer running the software has to be touched. The vendor has committed to providing a
browser -based system to their Virginia clients and upgrading to such a version is already included in
the City's contract. Ms. Burkett reiterated that this is the biggest technology project ever undertaken by
the City.
Mr. Cobb responded that he just wants everything to work like it is supposed to, and he knows there will
be challenges. He wants to make sure the team has the support it needs and it sounds like some of
the identified gaps have been closed. Having online filing and payment options will definitely benefit
the City in the long run.
Mr. Bestpitch commented that most people could not possibly have an idea of the work, dedication and
effort that has gone into this project on the part of so many people. He has a better idea than most, as
implementing a new tax and treasury system has been talked about for many years. The City first
started getting serious about doing something 20 years ago. At that time, he recommended that the
City write and maintain an in -house system. He was not surprised to hear about the difficulties
encountered with an outside vendor involved. There is really no way to exert control over third parties.
Mr. Bestpitch supports closing the offices one day a week if it will help meet the new go -live deadline.
Having the new system in -place will benefit everybody, including citizens. He asked how many go -live
dates the project has had. Ms. Powers responded that this is the third and that it took Suffolk seven
years to get the system implemented.
Regarding the budget, Mr. Bestpitch noted that $1.5 million has been allocated for this project. He
inquired as to how much was spent on previous attempts. Ms. Powers responded that the Aumentum
system only went live with real estate. The vendor never delivered the rest of what was promised. Mr.
Bestpitch asked what had been spent in the past 10 years on other systems. Ms. Burkett noted that
some of the funds for the current implementation were actually left over from prior projects. Mr.
Bestpitch asserted that the City could have hired somebody to write the system for that amount of
money and he felt that it may still be the best option. Particularly, if it meant the City could assign
someone with technical experience as the project manager. He asked if the City had a project
manager assigned to the implementation. Ms. Burkett responded that she is that person. He again
complimented Ms. Burkett on her work, but noted the City may need to hire someone with more coding
experience.
Mr. Bestpitch added that assigned technology staff could address the Treasurer's, Commissioner of the
Revenue's and Municipal Auditing's needs. He again expressed that he will be delighted if we are able
June 2, 2021
to go -live as anticipated.
Page 10 of 10
Mr. Cobb asked for a project update around the July 27th timeframe. Ms. Burkett responded that she
will be glad to provide that to the Committee. He also asked to be notified if there are any additional
ways he can support the team. Ms. Powers again brought up the idea of closing one day a week to
dedicate to the implementation and to alleviate employee stress about system training and
implementation assignments. Mr. Cobb responded that this is essential and he will provide whatever
support he can to make the transition to a new system as smooth as possible.
Mr. Cobb asked if there were any further questions or comments. Hearing none, the update was
received and filed.
7. Other Business:
Mr. Harmon reminded the Committee of its next meeting, which will be held on September 1, 2021, at
4:00 p.m. Mr. Cobb noted that he looks forward to the updates between now and then. He thanked all
those in attendance and again expressed his gratitude for their hard work.
8. Adjournment:
Mr. Cobb adjourned the meeting at 5:27 p.m.
CECELIA F. MCCOY, CiIIC
Cite 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: clerkCq roanokeva.go%
September 21, 2021
Christy Straight, Project Manager
Virginia's First Regional Industrial Facility Authority
6580 Valley Center Drive, Suite 124
Radford, Virginia 24141
Dear Ms. Straight:
CECELIA T. WEBB, CHIC
Depute City Clerk
This is to advise you that Marc Nelson has qualified as a City representative of the
Virginia's First Regional Industrial Facility Authority for a term of office ending June 30,
2022.
Sincerely,
luJ
Cecelia F. McCoy, CMC
City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to -wit:
I, Marc Nelson, do solemnly swear that I will support the Constitution of the
United States of America and the Constitution of the Commonwealth of Virginia, and
that I will faithfully and impartially discharge and perform all the duties incumbent upon
me as a City representative of the Virginia's First Regional Industrial Facility Authority
for a term of office ending June 30, 2022, according to the best of my ability. (So help
me God).
(JM 4'``.
Marc Nelson
The foregoing oath of office was taken, sworn to, and subscribed before me by
Marc Nelson this __L_ day of 2021.
Brenda S. Hamilton, Clerk of the Circuit Court
By , Clerk
CECELIA F. NICCOY, CHIC
CUN 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: clerkCroanokeva.gov
September 21, 2021
Robyn Schon, Director, Civic Facilities
Roanoke Civic Center Commission
Roanoke, Virginia
Dear Ms. Schon:
CECELIA T. WEBB, CHIC
Deputy Cite Clerk
This is to advise you that Robert Arrington has qualified as a member of the Roanoke
Civic Center Commission for a three -year term of office commencing October 1, 2021
and ending September 30, 2024.
Sincerely,
Cecelia F. McCoy, CMC
City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to -wit:
I, Robert Arrington, 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 Civic Center Commission for a three -
year term of office commencing October 1, 2021 and ending September 30, 2024,
according to the best of my ability. (So help me God.)
4RB T AR IN T
The foregoing oath of p_ffice wa taken, sworn to, and subscribed before me by Robert
Arrington, this � day of 2021.
Brenda S. Hamilton, Clerk of the Circuit Court
By Clerk
_7
CECELIA F. MCCON', CHIC
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(a roanokeva.gov
September 21, 2021
Teresa McDaniel, Secretary
Human Services Advisory Board
Roanoke, Virginia
Dear Ms. McDaniel:
CECELIA T. NVEBB, CHIC
Deputy City Clerk
This is to advise you that Erika Bergen has qualified as a member of the Human
Services Advisory Board for a four -year term of office, commencing December 1, 2021
and November 30, 2025.
Sincerely,
Cecelia F. McCoy, CMC
City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to -wit:
I, Erika J. Bergen, 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 Human Services Advisory Board for a four -year
term of office, commencing December 1, 2021 and ending November 30, 2025,
according to the best of my ability. (So help me God.)
A - �&LN%
ERIE J. ER EIG N
The foregoing oath of office was taken, sworn to, and subscribed before me by
Erika J. Bergen this day of 2021.
Brenda S. Hamilton, Clerk of the Circuit Court
BY— -74 � -� ),�� ��� � , Clerk
C k
4m &4in9
Star City Strong
Recovery &Resiliency
Advisory Panel Recommendations
September 20, 2021
Letter from Mayor Sherman P. lea, Sr. and Vice-Mayor Trish White -
Boyd
in early 2020, COVID -19 arrived in Roanoke. Since its arrival, Roanoke has gone from just a few cases to
more than 10,000, unfortunately accompanied by more than 300 hospitalizations and more than 200
deaths_ Alongside, this tragic human toll have been significant impacts on small businesses, learning
outcomes, mental health and continued strain on our healthcare and public safety infrastructure. The
Impact of COVID -19 has been disproportionate — affecting seniors, people of color, minority owned
businesses, women and youth to a greater extent than others. Many of these inequities existed prior to
the Pandemic and were merely amplified with its arrival. issues such as mental health, substance use,
affordable and safe housing, access to economic opportunity, educational attainment, access to
affordable fresh food, homelessness and safety have aN kecome more challenging and in need of more
substantive and urgent responses.
Fortunately, Roanoke is not a community that cowers in the fence of challenges. Rather, as a seven -time
All- America City, we act with compassion in an authentic and meaningful manner. From the very arrival
of the virus, the community has come together — health care, schools, non - profits, businesses,
individuals, places of worship and local government. All have worked tirelessly to respond to the virus
and its many impacts and to prepare the foundation for the community's recovery. Beginning with an
action- oriented framework — Star City Strong: Response, Recovery, Resiliency, the community has come
together to provide financial assistance, learning support for youth, business grants, food, shelter,
vaccine clinics, bilingual outreach, grants to arts and cultural institutions, and more. The Council has
ensured community members actively guide how federal funds are used in our efforts, first with the
formation of the Star City Strong Recovery Fund Task Force and deployment of funds received through
the CARES Act and most recently with the formation of the Star City Strong Recovery and Resiliency
Advisory Panel, offering recommendations related to funds received through the American Rescue Plan
Act.
This Advisory Panel met throughout the months of July and August, held a public hearing, conducted a
survey and reviewed the notes from a series of community conversations convened by the City Council.
These efforts resulted in a number of recommendations intended to ensure federal funds received by
the City result not only results in recovery but in transformation — a future that Is better than the past,
one that is more just and equitable for individuals, households, businesses and neighborhoods in our
community. This dynamic group of thirty -six appointed community representatives took their charge
seriously and worked diligently to arrive at the enclosed recommendations_ This effort combined with
the work of the Council through its Strategic Plan and annual budget will help ensure our community
recovers from COVID -19 a more resilient community - better prepared for similar shocks in the future.
For these efforts we say thank you to the Advisory Panel members for doing their part to ensure we
remain Star City Strong
- C -
Mayor Sherman P. lea, Sr. Vice -Mayor Trish White -Boyd
Introduction
In July 2020, the Star City Strong Recovery Fund Task Force made its recommendations to the
City Council for use of funds received through the Federal CARES Act. These
recommendations led to the City's investment of more than $16 million in:
• Community Health
• Local Economy
• Safety Net
• Youth & Education
• Essential Services & Public Safety
In May of 2021, the City received the first of two installments of funding it will receive through
the Federal American Rescue Plan Act. In total the City anticipates receiving approximately
$64.5 million in funding. This is accompanied by approximately $51 million being provided to
the Roanoke Public School Division through the same Act. Further, the City is eligible to
compete for significantly greater resources through programs administered by the
Commonwealth and various Federal agencies.
In July of 2021, the City Council formed the Star City Strong: Recovery and Resiliency Advisory
Panel (Resolution attached) co- chaired by the Mayor and Vice - Mayor. The Council appointed
36 community members to accompany the Mayor, Vice -Mayor and City Manager to serve on
the Panel. The stated objective of the Advisory Panel was "to consider the challenges
confronting the City from the COVID -19 pandemic disaster and the opportunities available to
the community through the American Rescue Plan Act, and to make recommendations to City
Council regarding the use of the funds ". The Advisory Panel worked diligently to achieve this
objective in a short time - frame. This report represents the recommendations of the Advisory
Panel.
The Members of the Star City Strong Recovery and Resiliency Advisory Panel are:
• Beth Doughty
• John Fishwick
• Renee Brown
• Betty Jean Wolfe
• Lorraine Lange
Co- Chairs
Mayor Sherman P. Lea, Sr.
Vice -Mayor Trish White -Boyd
Ex- Officio
City Manager Bob Cowell
Citizens -at -Large
• Yoedie Swain
• Mark Lazar
• Karen Pillis
• Eileen Guerry
• Vance Overstreet
• Marie Muddiman
• Jeff Grafeo
• Rob Leonard
• Annie Harvey
• Anna Goltz
rarely limit their impacts to a single jurisdiction or geography. Actions in this stage therefore
must be fully integrated in similar efforts at the regional, state and national levels.
At the time of preparing this report and forwarding the associated recommendations the most
recent variant of COVID -19 continued to rage across the Nation, more than thirty -nine million
Americans had tested positive for COVID -19 - nearly 10,000 in the City of Roanoke, and more
than 637,000 had succumbed to its impact - more than 500 in our region. In addition to the loss
of life, the Nation and our area have been impacted by unprecedented economic loss and
associated unemployment. At the height of the Pandemic more than 12% of the residents of the
City of Roanoke were unemployed with many of those in jobs in hospitality and restaurants. A
disproportionate number of those impacted by the economic losses are Hispanic or African
American.
Businesses throughout the Nation, Virginia and in our area have been greatly impacted. Small
businesses and those engaged in hospitality and food service have been especially impacted.
Gig Workers, performing artists, and arts and culture groups have likewise been impacted with
venues just now reopening after long periods of closure. Area non - profits have seen
unprecedented demands on their services for access to food, emergency health care, and
requests for assistance with basic needs such as housing, utilities, and transportation.
For the past several years Roanoke has experienced significant economic growth led by the
high - growth sectors of health care, biomedical research and higher education. These have been
accompanied by growth in tourism, hospitality and advanced manufacturing. What has
emerged in the past decade is a strong city with a vibrant urban core set amongst great outdoor
amenities and beauty. It has been known for some time that not all in our community have
participated in this recent resurgence. The City and network of social service providers and
non - profits have worked diligently to address the issues of poverty. COVID -19 laid bare the
depth of these challenges and the more recently, demonstrations around racism and inequities
have amplified these even more.
What is needed is not just recovery - not a return to what the pre - COVID world was like but a
new recovery - one that regains the momentum we were experiencing but in a manner that
transforms our community, addressing the inequities that kept residents, families, and
businesses from fully participating in the success of our community. The work of the Advisory
Panel, combined with the work the City Council continues through their Strategic Plan and
annual budget, is one step in shaping this new, better, stronger Star City.
7
Star City Strong Recovery Fund
With the adoption of the Star City Strong Recovery Plan and subsequent implementation of the
recommendations for the Star City Strong Recovery Fund Task Force, the City Council has
made available millions in funds to support recovery. The bulk of this support initially came
from funding made available through the CARES Act passed by Congress last year and made
available to the City through the State last summer. In total, the City received more than $16
million in CARES Act funding. The City expended its total allocation by the end of 2020, as
initially required by the Act, aligned with the recommendations of the Task Force.
In addition to CARES Act funds the City received special allocations of CDBG funds. Most of
these funds were immediately distributed to local non - profits to aid in the Response Phase of
the City's efforts. However, a portion of these funds were allocated to support small businesses
aligned with the recommendations of the Task Force. The City also received special allocations
of ESG (Emergency Shelter Grant) funding from HUD to focus on addressing homelessness and
prevention of homelessness. As with the special CDBG allocation, a portion of these funds were
immediately put to use providing housing support for homeless individuals and families in
need of housing during times of self - isolating or quarantining due to COVID. The remaining
funds were made available to support the recommendations of the Task Force.
In addition to these funds the CARES Act provided approximately $6 million in aid to the
Roanoke Public School Division and $20 million to the Roanoke - Blacksburg Regional Airport.
Valley Metro, the City's transit operator received an additional $8 million in aid which was
used to support operations during the Response Phase.
More recently, through the American Rescue Plan Act passed by Congress earlier this year, the
City anticipates receipt of additional funds to replace lost revenue and to initiate programs and
projects to support the recovery of the community. Similar to the CARES Act, these funds come
in the form of direct allocation to the City ($64.5 million over two years), direct allocation to
Roanoke City Schools Division ($51 million) and through special CDBG, HOME and ESG
allotments. Further, the Act provides billions in additional aid to the Commonwealth and to
various Federal agencies, portions of which, the City may be in a position to compete for.
Combined, these funds represent the opportunity for a significant response to the recovery
needs of the community and to build its resiliency against similar shocks in the future. The
recommendations of the Advisory Panel are instrumental in determining the most effective use
of the funds received.
The Process
Beginning in June and extending through July, City Council and the City Administration
conducted a series of stakeholder interviews and focus group meetings. Through these efforts,
more than 100 individuals representing a wide diversity of perspectives offered their
preliminary thoughts about the challenges confronting the community as we recover from
COVID -19 and how the funds received by the City, could best be used to address these
challenges. The information gleaned from these interactions formed one of the starting points
for the work of the Advisory Panel. On July 28th the Advisory Panel started meeting. They met
a total of seven times and conducted a public hearing. At each meeting they were presented
data and information and participated in a series of facilitated discussions regarding the funds,
the restrictions around the sources of funds, need, etc. These discussions generated a list of
possible initiatives and projects that could aid the community's efforts at recovery while
building resiliency. During the last two meetings the Advisory Panel focused on reducing the
list of possible initiatives and projects to a list of prioritized investments.
This process of prioritization benefitted from an overall goal and was guided by a set of
principles established early in the process. These are noted in the following:
We will transform our community as we support recovery from COVID -19 and help residents,
households, businesses, neighborhoods and thus the community to be more resilient against similar
disruptions in the future.
We do so acknowledging those most impacted by COVID -19:
• Most Vulnerable - youth, seniors, impoverished, those with disabilities, working
mothers
• Small Businesses - especially those in tourism and hospitality and minority owned
• Health Care Providers
• Workers Delivering Essential Services
• Educators
• Arts and Cultural Institutions
We do so aligned with the following principles:
• Compliance with Act and Treasury Guidance
• Further City's Objectives as stated in the Strategic Plan, Comprehensive Plan and other
adopted policies
• Address known disparities and promote equity and inclusion
• Outcomes achievable with single investment - not requiring recurring expense
• Leverage other available funds, programs and initiatives - avoid duplication where
possible
• Have the potential for transformational change
Use of these guiding principles helped the Advisory Panel refine or enhance their
recommendations to ensure equitable outcomes and reinforced the need to be as inclusive as
possible when each of the prioritized initiatives and projects are rolled out for implementation.
The Advisory Panel concluded their work at their meeting on September 1, grouped their
recommendations into three priority investment areas, each with recommended "recovery' and
"resiliency" investments. These were forwarded to the City Council for consideration at the
September 20 Council meeting.
Recommendations
The Advisory Panel recommends that the City Council support the community's recovery and
help build its resiliency by investing in programs and initiatives that benefit:
People
Places C> sustaining and enhancing prosperity and health & well -being for all
• Governance
Initially, it is recommended that 3/4 of the allocated $64.5 million - $48.38 million be invested -
15% dedicated to Governance Investments - $7.257 million, leaving $41.123 million for
investments in People and Places - no more than $8.225 million for recovery investments and
no less than $32.896 million for resiliency investments. It is recommended the remaining $16.12
million be programmed concurrent with development of the City's FY23 budget.
It is imperative that funded investments reinforce one another to maximize their
transformational benefit. This reinforcement acknowledges the linkages between equity, health
and wellness outcomes, economic opportunity and resiliency. Further, it is important to
acknowledge that recovery investments should stabilize situations so that resiliency
investments have the greatest opportunity for success and sustainability.
10
People - Ensure no one in our community lacks the essentials of shelter, food, and personal safety.
Provide opportunities for residents of all ages, ability levels and backgrounds to engage fully in civic,
economic and social life.
Opportunities
• COVID-19 Mitigation and Vaccination
• Homelessness
• Gun Violence Intervention
• Workforce /Skills Development
• Food Insecurity
• Entrepreneurial Support
• Wealth Building/Counseling
• Accessible and Affordable Technology
• Inclusive Economic Development
• Substance Use Disorder, Prevention, Treatment and Recovery
• Mobility
• Disparities - Health Outcomes, Economic Opportunity, Education Attainment, etc.
Recovery Investments (no more than $2.5 million)
Continued support of COVID -19 mitigation measures - vaccination, PPE,
testing /tracing /isolating, etc.
Household Financial Support - rental assistance, mortgage assistance, unpaid bills, etc.
Mental Health and Substance Addiction Treatment and Recovery Services
Resiliency Investments (no less than $10 million)
1) A Big -Lift - Workforce /Skills Development Pathways Initiative - An initiative intended
to identify needs of employers in high - growth, high- potential sectors and gaps that may
exist in the local workforce and align development and training programs for youth,
unemployed and underemployed to secure the skills and credentials necessary to fill the
gaps in the local workforce.
2) A Big -Lift - Enhanced Mobility (transit shelters, sidewalks, demonstration routes, etc.) -
An initiative intended to enhance current mobility options and the experience for the
user of transit with acceleration of transit shelter construction, construction of sidewalks
connecting high -use transit locations with concentrations of residences and /or activity
areas, and the introduction of demonstration routes expanding service areas or
increasing service hours, frequency, etc.
3) A Big -Lift - Violence Interruption Initiatives - Continuation and expansion of the anti-
violence activities currently underway through RPD, the Gun Violence Prevention
Commission and others with a particular focus on law enforcement, violence
interruption, anti-gang activities, and prevention efforts. Significant in this effort will be
a focus on youth.
11
4) A Big -Lift - Food System /Food Hub - An enhancement of current food access programs
to include an expansion of existing food hubs, the urban agriculture network, expanded
farmer's markets, expansion of financial incentive for low- income shoppers, etc.
5) A Big -Lift - Support Leadership Development Initiative NW /SE - An initiative to
support the development of leadership capacity among residents in NW and SE
Roanoke to guide the deployment of health interventions arising from the most recent
Community Health Needs Assessment - includes payment for service and removal of
barriers to participation such as transportation and child care.
12
Places - Support stabilization and continued vitality of neighborhoods, nurturing "complete
neighborhoods" and "neighborhood centers" along with Downtown and the City's Business Districts and
the small businesses located within.
Opportunities
• Small business
• Arts /Cultural institutions
• Affordable and safe housing
• Parks, OpenSpace and Recreation
• Regional Outdoor Amenities
• Tourism Marketing
• Infrastructure
• Sustainability /Climate Adaptation
• Innovation and Entrepreneurship
Recovery Investments (no more than $1.5 million)
• Small Business Grants
• Non - Profit Grants
• Arts & Culture Grants
Resiliency Investments (no less than $27 million)
1) A Big -Lift - NW Grocery/ Community Hub - A public - private initiative serving as a
community hub located in the Melrose area anchored by a grocery store with other retail
outlets (micro - retail, restaurant, etc.) and may include non - profit uses such as a
community health clinic. The initiative could involve public acquisition of land
redevelopment and expansion of existing structures and initial programming subsidies.
The initiative would involve partnership with other public and non - profit partners.
Addresses minority business development and support in an area where unemployment
and business failures were high in the area pre - COVID and increased during COVID -19.
Could address access to health care services and fresh healthy food, in an area that has a
significantly lower life expectancy for the surrounding population.
2) A Big -Lift - Affordable, Accessible and Safe Housing - Acquisition and rehabilitation of
properties, permanent supportive housing, etc. - An initiative offering a comprehensive
approach at addressing affordable, accessible and safe housing in our community. The
initiative may include job training/ skills development in construction/ trades, land
acquisition, and funding for rehabilitation and /or new construction of owner - occupied
affordable housing and permanent supportive housing for those transitioning out of
homelessness. The initiative may involve partnership with other public, non - profit and
for - profit partners. This initiative will be focused in the southeast portion of the City in
an area that is a Census Qualified Tract and home to a population with high rates of
unemployment and poverty.
13
3) A Big -Lift - Recreation Center - The redevelopment/ reconstruction of one of the city -
owned recreation centers (Eureka or Preston), both of which are more than 50 years old.
The facility could include recreation space, learning and meeting space, and other areas
for active and passive programming. These facilities have been ranked as the highest
need in the recently completed Parks and Recreation Master Plan.
4) A Big -Lift - Gainsboro Neighborhood Hub - An initiative that is a public - private
partnership resulting in the development of a community hub in the Gainsboro
neighborhood of the City in proximity to Gainsboro Road and Gilmer Avenue. The hub
would consist of space for small business incubation/ acceleration, entrepreneurship
training, job /skills development, health clinic, etc. The hub would stabilize the
neighborhood, introduce additional activities and serve as a catalyst for further
investment in a Census Qualified Tract, recognized medically underserved area and
home to a population with high rates of unemployment and poverty. The initiative
could involve public acquisition of land redevelopment and expansion of existing
structures and initial programming subsidies. The initiative would involve partnership
with other public and non -profit partners. Addresses minority business development
and support in an area where unemployment and business failures were high in the area
pre - COVID and increased during COVID-19. Addresses job training and skills
development for youth and unemployed/ underemployed - all affected through
COVID -19 impacts and access to health care services in an area that has a significantly
lower life expectancy for the surrounding population.
14
Governance - Support the continuity of government operations and the safety of municipal workers and
the general public. Help equip the next generation of leaders and enhance the capacity of those already
serving in such roles. Enhance awareness of and access to COVID- recovery assistance to individuals,
households, businesses and organizations and neighborhoods.
Opportunities
• Lost Tax/Fee Revenue
• Facility Upgrades and PPE
• Leadership Development /Capacity Building
• Community Navigators
• Rebuild and Strengthen Trust
Recovery Investments
• Recovery of lost revenue from enterprise operations - reinvestment in capital
maintenance
• Technology, HVAC, etc. upgrades for municipal /city -owned properties
• Continued vaccine outreach
• Secure and distribute necessary PPE
• Administrative support
• Essential worker premium pay
• Wi -Fi Hot -Spots and Equipment at key municipally owned location
• Tourism Marketing/ Conference Support
Resiliency Investments
• Support Business and Organization disaster planning - An initiative that would provide
technical assistance in the development of disaster mitigation and preparedness plans
for local businesses and organizations to better equip them to address future economic
and health shocks.
• Capacity Building - Supporting capacity building initiatives for implementation
partners.
• Outcome Tracking/ Reporting - An initiative that would retain the services of an entity
to identify, track and report on outcomes associated with initiatives undertaken through
use of the Star City Strong Recovery Fund. This would aid in managing and adapting
the program and assisting in ensuring accountability in use of funds.
• Infrastructure - Initiatives that could include stormwater projects, water projects, or
other authorized infrastructure projects.
15
Other Considerations
As noted elsewhere in this report, there exist many opportunities for the City to seek additional
funding to leverage those received directly through the American Rescue Plan Act. Where
appropriate it is recommended that these opportunities be pursued. Further, there appear to be
opportunities to amend or adopt policies that further advance many of the objectives of the
recommended investments -for example affordable housing objectives could be furthered
through zoning reform, thereby magnifying the impact of the recommended investment. It is
recommended that such opportunities be identified and pursued by the City Council.
Partners, especially non - profit partners are key to the successful implementation of many of the
recommended investments. The resiliency of each of these partners and their impact would be
greatly enhanced by ensuring alignment around a set of commitments for any organization
receiving funding though the recommendations. These include:
• Trauma informed programming
• "grass- roots" driven - leadership development/ capacity building with/ for served
population
• Holistic and Coordinated - "plugged" into the rest of the community's support
"infrastructure"
• Neighborhood or place -based delivery
Finally, to really determine the impact of the recommended investments, it is recommended
that each of the Resiliency Investments include identified program outcomes. These outcomes
should be descriptive enough to determine success and are where improvements might be
warranted. Regular reporting of these outcomes is important as implementation of the
recommendations proceed.
Next Steps
With the Council's final determination on the Advisory Panel's recommendations (at the
September 20 Council meeting), staff will initiate the development and implementation of the
actual initiatives and projects called for in the approval. In most instances the focus will be on
using existing providers and networks to maximize efficiency in delivery of these much needed
funds and associated services. In a few instances new initiatives will be needed as well as
perhaps new collaborations. Use of existing processes, such as that used with the Arts
Commission and the Human Services Advisory Board, will be used as often as practical. The
objective is rapid deployment of needed resources with as minimal bureaucracy as necessary.
It is possible that additional funds may become available either through further Congressional
action, State action or philanthropic resources. If so, to the extent practical, those funds will be
used to further the approved recommendations.
16
It is the genuine belief of the Advisory Panel that timely and effective implementation of the
identified priority recommendations will have immediate and long- lasting benefit to our
residents, households, institutions, businesses and neighborhoods, enabling us as a community
to rapidly regain the momentum we had prior to the arrival of COVID -19 but to do so in a more
equitable and just manner.
ROANOKE
•
�j a}
S ':tea
17
18
riji
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of September, 2021.
No. 42147 - 092021.
A RESOLUTION authorizing the acceptance of the Virginia Department of Motor
Vehicles Highway Safety Grant to the City for the Pedestrian Safety Campaign, 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 2021 Virginia Department of Motor
Vehicles Highway Safety Grant in the amount of $200,000, with a 25% in -kind local match of
$50,000, as more specifically outlined in the Agenda Report dated September 20, 2021.
2. The City Manager is hereby authorized to accept, execute, and file on behalf of
the City of Roanoke any and all documents required to obtain such funding. All such documents
to be approved as to form by the City Attorney.
3. The City Manager is further directed to furnish such additional information as
may be required in connection with the acceptance of the foregoing funding or with such project.
ATTEST:
City Clerk.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGJNIA
The 20th day of September, 2021.
No. 42148 - 092021.
AN ORDINANCE to appropriate funding from the Virginia Department of Transportation
for Pedestrian Safety Campaign, amending and reordaining certain sections of the 2021-
2022 Grant Fund Appropriations, and dispensing with the second reading by title of this
ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that the following
sections of the 2021 -2022 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Fees For Professional Services 35- 530 - 3926 -2010 $ 200,000
Revenues
DMV — FY22 PSAC 35- 530 - 3926 -3943 200,000
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
V CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: September 20, 2021
Subject: 2022 Department of Motor Vehicles (DMV) Highway Safety Grant -
City of Roanoke Pedestrian Safety Campaign
Background:
The Virginia DMV is the administering agency for pass- through funds provided by the
National Highway Traffic Safety Administration. The Virginia DMV offers these funds
to successful applicants for activities, which improve highway safety in Virginia. The
Transportation Division staff applied for this grant for a third year to fund another
Pedestrian Safety Education Campaign.
The City of Roanoke has been awarded $200,000 in funding to implement a citywide
pedestrian safety media and education campaign. This third such campaign will be
designed to increase awareness of pedestrian safety specifically in school zones. The
grant funding will allow the Transportation Division to hire a consultant to develop
the campaign plan and strategy as well as coordinate material production and direct
media buys. There is a required 25% match of $50,000 associated with this award,
which will be satisfied through the DMV's Paid Media one -to -one match requirement,
where media outlets supply a comparable free spot in exchange for every paid spot.
Additionally, staff time used to manage this grant can count toward the grant match.
Recommended Action:
Accept the 2022 DMV Highway Safety (Education: City of Roanoke Pedestrian Safety
Campaign) 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 $200,000 in grant revenue and appropriate funding in the same amount
into accounts to be established by the Director of Finance in the Grant Fund.
---------------------------
Robert S. Cowell, Jr.
City Manager
Distribution: Council Appointed Officers
Clarence G. Grier, Deputy City Manager
Amelia Merchant, Director of Finance
Mark D. Jamison, P.E., Director of Public Works
Dwayne R. D'Ardenne, CGM, CPWP -M, Transportation Division Manager
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of September, 2021.
No. 42149 - 092021.
A RESOLUTION authorizing the acceptance of the Department of Motor Vehicles Traffic
Safety (Selective Enforcement - Alcohol) Grant and authorizing the execution, and filing of
appropriate documents to obtain such funds.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City of Roanoke hereby accepts the Department of Motor Vehicles Traffic Safety
(Selective Enforcement - Alcohol) Grant funds in the total amount of $32,144, with a 50% in -kind
local match of $16,072, and a voluntary cash match of $2,062, as more specifically outlined in the
Agenda Report dated September 20, 2021.
2. The City Manager is hereby authorized to accept, execute, and file on behalf of the
City of Roanoke any and all documents required to obtain such funding. All such documents to be
approved as to form by the City Attorney.
3. The City Manager is further directed to furnish such additional information as may be
required in connection with the acceptance of the foregoing funding or with such project.
ATTEST:
J-. v9U67
City Clerk.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of September, 2021.
MNo. 42150 - 092021.
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 2021 -2022 Grant Fund Appropriations, and dispensing with the second reading by
title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that the following
sections of the 2021 -2022 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Overtime Wages
FICA
Training and Development
Revenues
DMV Alcohol Enforcement FY22 - Grant
DMV Alcohol Enforcement FY22 - Local
35- 640 - 3930 -1003
$ 26,944
35- 640 - 3930 -1120
2,062
35 -640- 3930 -2044
5,200
35- 640 - 3930 -3937 32,144
35 -640- 3930 -3938 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:
City Clerk.
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: September 20, 2021
Subject: 2022 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 $32,144 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 $16,072 associated with this
award that will be satisfied through the police department's expenditure on motor fuel
and vehicle operation. The grant specifically prohibits using Federal Insurance
Contributions Act ( "FICA ") payments related to overtime, as matching funds; therefore,
this related necessary expense will be included as a voluntary cash match of $2,062.
Recommended Action:
Accept the 2022 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 $34,206 consisting of $32,144 in grant revenue and $2,062 in a voluntary
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
Grant Fu
Robert S Cowell, Jr.
City Manager
Distribution: Council Appointed Officers
Clarence G. Grier, Deputy City Manager for Operations
Amelia C. Merchant, Director of Finance
Samuel Roman, Jr., Chief of Police
Iwww.dmNatl.com
Virginia Department of Motor Vehic es
Post 011ic• Box 27412
Richmond Vrppnra 23269 -0001
HIGHWAY SAFETY GRANT AGREEMENT
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 and
date 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
R' h d Vi r inia 23220 and the following:
De artment" ), 2300 West Broad Street, cc mon ,
Federal Award Identification Number (FAIN):
Subrecipient: Roanoke City
69A37520300001540VAA
Project Title: Selective Enforcement - Alcohol
Project Number: 154AL -2022- 52010 -22010
Assistance Listing Number (ALN): 20.607
Grant Award Amount: $ 32,144.00
ALN Name: Alcohol Open Container Requirements
''evera' 'runrJs U10ivated. S 32,144 v01
TOtat Fedoyai Fi Od? OUiptcd. 5 32,144 00
Period of Performance:
Source of funds obligated to this award:
From October 1, 2021, or the date the Highway Safety Grant
Agreement is signed by the Director, Virginia Highway Safety Office
U.S. Department of Transportation
National Highway Traffic Safety Administration (NHTSA)
(whichever is later) through September 30, 2022. Allow 21 days for
the Department to complete its review and signature. FINAL
Date of Award Letter from NHTSA: September 30, 2021
VOUCHER IS DUE ON OR BEFORE NOVEMBERS, 2022.
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 referred to
as '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.
SIGNATURES OF AUTHORIZED APPROVING OFFICIALS
For Subrecipient: For Virainia Department of Motor Vehicles:
John Saunders
Name and Title of Project Director (print) Director, Virginia Highway Safety Office (print)
Signature Date Signature
Subrecipient's UEI Number
Does your locality/legal entity expend $750,000 or more annually
in total federal funds? (check one) Yes No
Name and Title of Authorized Approving Official (print)
Signature Date
Date
OBIN
164AL -2022 - 52010 - 22010 - Roanoke City
Category Line Item Dose
Personnel 842 SE hours @ approx. $32 per hour
Training / Travel VAHSO approved training
Matching Funds In kind match, Fuel and Maintenance
Department of Motor Vehicles
Grant Budget Lines
Date Run: 12-JUL -2021
PM: Steven VNiliiams Project Director Initials
Date
Individual
Total
Fed Fund
Matching
OtY Cost
Cost
Amount
Funds:
842 32.00
26,944.00
26,944.00
0.00
4 1,300.00
5,200.00
5,200.00
0.00
1 16,072.00
16,072.00
0.00
16,072.00
Total:
48,216.00
32,144.00
18,072.00
Subrecipient Name: _
Project #:
STATEMENT OF WORK AND SPECIAL CONDITIONS
TSS 012A -AL (07/01/2021)
Page 3
1. Goals and Specific Program Elements. The goals and specific program elements of the subrecipient's proposal
are incorporated as the first item in this Statement of Work and Special Conditions.
a. List Specific Program Elements:
For October 1, 2021 through December 31, 2021
Estimated number of overtime hours to be used
Estimated number of checkpoints
Estimated number of saturationrndividual patrols
For January 1, 2022 through March 31, 2022
Estimated number of overtime hours to be used
Estimated number of checkpoints
Estimated number of saturation /individual patrols
For April 1, 2022 through June 30, 2022
Estimated number of overtime hours to be used
Estimated number of checkpoints
Estimated number of saturation /individual patrols
For July 1, 2022 through September 30, 2022
Estimated number of overtime hours to be used
Estimated number of checkpoints
Estimated number of saturationrndividual patrols
b. To conduct a minimum of checkpoints and/or saturationrndividual patrols during the mandatory
national Click It or Ticket Mobilization period in November 2021 and May 2022. Pre and post survey will be
required. Mobilization data must be entered into TREDS (Traffic Records Electronic Data System).
c. To conduct a minimum of checkpoints and/or saturation patrols for the mandatory Checkpoint
Strikeforce Mobilization periods in December 2021 and August 2022. Mobilization data must be entered into
TREDS.
d. To have (number) sworn officers attend (number) DMV approved traffic safety - related training
events (e.g., DUI Conference, Virginia Highway Safety Summit, Field Sobriety Testing).
e. Increase number of breath testing units in active use from to . (If approved, all units must be
ordered by December 31, 2021 and put in service by March 31, 2022.)
Project Director
Initial Date
TSS'012A -AL (07/0112021)
Page 3.1
Subrecipient Name:
Project #:
2. The subrecipient must contribute to the overall State Highway Safety Plan goals:
a. ALCOHOL
STATEWIDE GOAL: Reduce alcohol Impaired driving fatalities 2 percent from 244 to 240 by
December 31, 2022.
AGENCY GOAL:
Check the box or boxes that apply for your agency goal and complete.
❑To reduce alcohol- impaired driving fatalities from (CY2020) to and reduce serious
alcohol - related injuries from _ (CY2020) to by December 31, 2022.
❑To maintain 0 alcohol - related fatalities and /or 0 serious alcohol- related injuries.
❑To assist (county /city) in reducing overall alcohol fatalities and serious
alcohol - related injuries. (To be used by towns that do not have any fatalities and/or serious injuries.)
b. Subrecipient must participate in Checkpoint Strikeforce (CPSF) /Drive Sober or Get Pulled Over (DSOGPO)
Mobilizations (December 2021 and August 2022) and enter selective enforcement data electronically through
TREDS.
c. Subrecipient must participate in the national Click it or Ticket (CIOT) activities (November 2021 and May
2022) to include pre and post seatbelt surveys and submit selective enforcement and survey data
electronically through TREDS.
d. BASED ON ALCOHOL - RELATED CRASH DATA (using crash data from VAHSO or other approved local
crash information):
percent of alcohol selective enforcement activities are to be conducted
between the hours of
with special emphasis on the following days of the week:
The remaining percent of selective enforcement hours may be scheduled during other DMV
approved identified high -crash time periods.
e. Enforcement is to be conducted using data - identified problem locations.
f. Reimbursement vouchers will be submitted monthly or quarterly. Only check one option and this
option will be effective for the entire FY2022 grant year.
g. To assist with educational highway safety messaging with posting at least highway safety message(s)
per quarter on agency social media platform or agency website.
h. Grant - funded equipment must be ordered by December 31, 2021 and put in service by March 31, 2022.
Documentation concerning use must be maintained.
i. Subrecipient must submit a completed monitoring report (TSS 14 -A) to their DMV Project Monitor by specific
assigned dates.
j. Subrecipient must attend all mandatory DMV grant- related trainings.
k. Zero tolerance (no warnings) for alcohol, speed or seat belt violators during grant - funded overtime.
Project Director
Initial
Date
TSS 012B (07/01/2021)
Page 4
HIGHWAY SAFETY GRANT AGREEMENT
GENERAL TERMS AND CONDITIONS
Purpose and Background. The Virginia Department of Motor Vehicles (" 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 U.S.C. (United
States Code), Chapter 4: Highway Safety and 23 U.S.C. 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 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
entity must be agreed upon by the Department and Subrecipient and approved by NHTSA and the
Project Director's Initials Date
TsS 012B (07/0112021)
Page 5
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 Subrecipient's progress in fulfilling items listed in the
Statement of Work and Special Conditions, including funded elements of 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 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 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 Subrecipient to any third party is strictly prohibited and may be grounds for the
termination of this Grant Agreement by the Department.
5. Single Audit. A Subrecipient expending $750,000 or more in Federal awards (single or multiple
awards) in a year is required to obtain an annual audit in accordance with the Single Audit Act
(Public Law 9 8-502) 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 no later than nine months after Subreciplent's fiscal year end date
unless a Federal extension is granted. If an extension is granted, the due date will be extended
based on the information provided in the Federal language. Subrecipient is encouraged to submit
their audit report to the Federal Audit Clearinghouse (FAC) at htta. / /harvester.census.aov /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, Subrecipient will be responsible
for repayment to the Department of such unallowable expenditures
6. Closeout. Subrecipient is 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 Date
TSS 0128 (07101/2021)
Page 6
Article 1. COMPLIANCE WITH LAWS
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 fumish the
Department with satisfactory proof of its compliance therewith.
Article 2. STANDARD ASSURANCES
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); 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, 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 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 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 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.
C. All payments will be made in accordance with the terms of the Grant Agreement.
Project Director's Initials Date
TSS 0128 (07/0112021)
Page 7
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 have been 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. Reimbursement
is available only for costs that have been paid by Subrecipient. Under no circumstance will the
Department provide up -front payments for costs not incurred and paid by Subrecipient.
Costs related to contractual fees require additional documentation in order to be eligible for
reimbursement. Subrecipient must submit a copy of each contract, memorandum of
understanding/agreement, rental /lease agreement prior to implementing the contract activity and
allow sufficient time (minimum of three (3) weeks) for review and approval to ensure that services
and products being provided are allowable expenses 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 project.
F. Payment of costs incurred under the Grant Agreement is further governed by 2 CFR Part 200 and
2 CFR Part 1201.
G. For nonprofit organizations, Subrecipient must provide the most recent Form 990 (Return of
Organization Exempt for Income Tax) submitted to IRS. Subrecipient must provide
documentation of yearly salary or hourly pay and any other compensation, including fringe
benefits, for each employee /position for which Subrecipient seeks reimbursement.
Documentation of pay must be provided through a certified letter from the organization's Board
Chair or President. Form 990 and the certified letter must be submitted with Subrecipient's
signed Grant Agreement. Requests for compensation for pay raises, bonuses, and staff changes
must be made in writing via email to the Department. The Department will review such requests
and determine approval for reimbursement. The Department reserves the right to deny increased
reimbursement for raises, bonuses, and staff changes.
H. Subrecipient may request an Indirect Cost Rate for grants that are not enforcement related.
Subrecipient must submit a copy of their Federally negotiated indirect cost rate. A non - federal
Subrecipient that does not have a current Federally negotiated indirect cost rate, may submit a
letter requesting a de minimis indirect cost rate of 10% of modified total direct costs which may be
used indefinitely (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.
I. 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 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 Subrecipient must keep documentation
related to matching funds in the project file.
J. 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. 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 302, complete
with supporting invoices. At the end of the Grant Period, any unexpended or unobligated funds
Project Director's Initials Date
TSS 012B (07!81/2021)
Page S
shall no longer be available to Subrecipient. In no case shall Subrecipient be reimbursed for
expenses incurred prior to the beginning or after the end of the Grant Period.
K. 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.
L. 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, Subrecipient may apply for funding
assistance beyond the initial Grant Period. Preference for funding will be given to those projects
for which 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.
M. 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, 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 Subrecipient, giving notice of intent to terminate the Grant
Agreement, as specified in Article 12, 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
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 12, Termination.
Article 6. ADDITIONAL WORK AND CHANGES IN WORK
If Subrecipient is of the opinion that any assigned work is beyond the scope of the Grant Agreement and
constitutes additional work, Subrecipient shall promptly notify the Department in writing. If the
Department finds that such work does constitute additional work, the Department shall so advise
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 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, Subrecipient shall make such
Project Director's Initials Date
TSS 0128 (07/01/2021)
Page 9
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 Subrecipient submits work that does not comply with the terms of the Grant Agreement, the Department
shall instruct 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.
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 Subrecipient or any costs incurred by
Subrecipient relating to additional work not directly associated with or prior to the execution of an
amendment.
Article 7. REPORTING AND NOTIFICATIONS
Subrecipient 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.
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 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 S. RECORDS
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. 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 ail books, documents, papers and other records
(including computer records) of 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 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. CONFIDENTIALITY
Distribution of privileged information, as described at Va. Code § 46.2 -208, to any third party is prohibited
unless specifically provided for in this Agreement. If dissemination to a third party is allowed,
Subrecipient shall only disseminate privileged information to third parties subject to the original purpose
specified in this Agreement and consistent with Title 46.2 of the Code of Virginia. If Subrecipient is a
federal, state, or local governmental entity, local government group self - insurance pool, law- enforcement
officer, attorney for the Commonwealth, or court, or the authorized agent of any of the foregoing,
Subrecipient certifies, by execution of this Agreement, that the information obtained will not be used for
Project Director's Initials Date
TSS 012B (07/01 12021)
Page 10
civil immigration purposes or knowingly disseminated to any third party for any purpose related to civil
immigration enforcement.
Article 10. INDEMNIFICATION
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
Subrecipient, its officers, agents or employees. 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 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 11. DISPUTES AND REMEDIES
Subrecipient shall be responsible for the settlement of all contractual and administrative issues arising out
of procurement made by 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.
Article 12. SUSPENSION OR TERMINATION
The Department may suspend or terminate the Grant Agreement, in whole or in part, for cause if
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
suspension or termination rights that the Department may have under State or Federal laws, regulations
or policies.
The Grant Agreement shall remain in effect until Subrecipient has satisfactorily completed all services
and obligations described herein and these have been accepted by the Department, unless:
A. The Department suspends or terminates the Grant Agreement for cause and informs
Subrecipient that the project is suspended or terminated immediately; or
B. The Department determines that the performance of the project is not in the best interest of the
Department and informs Subrecipient that the project is suspended or terminated immediately; or
C. The Grant Agreement is suspended or terminated in writing with the mutual consent of both
parties; or
D. There is a written thirty (30) day notice to suspend or terminate by either party.
The Department shall compensate 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. Subrecipient shall not incur nor be reimbursed for any
new obligations after the effective date of termination.
Article 13. 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 Subrecipient desires to subcontract part of the work
specified in the Grant Agreement, 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.
Project Director's Initials Date
TSS 012B (07101 /2021)
Page 11
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, 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 14. NONCOLLUSION
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 15. SUBRECIPIENT'S RESOURCES
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. Subrecipient further certifies that it has the financial resources
required to satisfy incurred costs whether or not such costs are eligible for subsequent reimbursement.
All employees of Subrecipient shall have such knowledge and experience as will enable them to perform
the duties assigned to them. Any employee of 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.
Unless otherwise specified, Subrecipient shall furnish all equipment, materials, supplies, and other
resources required to perform the work.
Article 16. SUBRECIPIENT SEAT BELT USE
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 Subrecipient, including police
vehicles.
Article 17. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE
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 18. PROCUREMENT AND PROPERTY MANAGEMENT
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 stricter requirements than the Federal standards.
Article 19. 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,
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.
Project Director's Initials Date
TSS 012B (07/01/2021)
Page 12
Article 20. RESEARCH ON HUMAN SUBJECTS
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 21. ASSIGNMENT
The Grant Agreement shall not be assignable by Subrecipient in whole or in part without the written
consent of the Department.
Article 22. NONDISCRIMINATION
A. Subrecipient WILL COMPLY WITH ALL Federal statutes and implementing regulations relating to
nondiscrimination ( "Federal Nondiscrimination Authorities "). These include, but are not limited to7
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);
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 - 74100).
Project Director's Initials Date
TSS 0128 (07/01/2021)
Page 13
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:
"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 Subrecipient has been cited for noncompliance with these laws,
regulations or policies, Subrecipient will not be eligible to receive funding.
Article 23. DRUG -FREE WORKPLACE
Subrecipient certifies that it will provide a drug -free workplace in accordance with the requirements of the
Drug -Free Workplace Act of 1988 (41 U.S.C. 8103 – Federal grant recipients).
Article 24. BUY AMERICA ACT
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
Project Director's Initials Date
TSS 012B (07/01/2021)
Page 14
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 U.S.C. 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.
Article 25. 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. 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, 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. 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 subagreement. 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 26. DEBARMENT AND SUSPENSION
A. 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 participating in 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 -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 -year period preceding this Grant Agreement, had one br more
Federal, State, or local transactions terminated for cause or default.
Project Director's Initials Date
TSS 0128 (07101/2021)
Page 15
B. Where Subrecipient is unable to certify to any of the statements in this Article, such Subrecipient
shall attach an explanation to the Grant Agreement.
C. 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 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. 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. Subrecipient shall provide immediate written notice to the Department if at any time Subrecipient
learns that its certification was erroneous when submitted or has become erroneous by reason of
changed circumstances.
F. Subrecipient agrees to comply with the requirements of 2 CFR Parts 180 and 1200.
Article 27. POLITICAL ACTIVITY (HATCH ACT)
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 28. FEDERAL LOBBYING CERTIFICATION
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 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. Subrecipient shall require that the language of this certification be included in the award
documents for all sub- awards (including subcontracts, subgrants, 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.
Project Director's Initials Date
TSS 0128 (07/0112021)
Page 16
Article 29. 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 websitetwebpage 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
acting for such Subrecipient related to any activity designed to influence legislation or appropriations
pending before the Virginia General Assembly.
Article 30. 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 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 31. ADDITIONAL PROVISIONS
A. Signature Authorized. 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 costs
subsequently reimbursed and 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 Date
Roanoke Rego AM=aatr 2021
Roanoke City Alcohol Crash Statistics
Available Crash Data - Calendar Year 2017 2018 2019 2020
Alcohol Crashes
71
88
117
105
Alcohol Fatal Crashes
6
1
d
6
3:00pm - 5:59pm
Highest Time Period(s)
6:00pm- 8:59pm
9-00pm - 11:59pm
Midnight - 2:59am
Midnight - 2:59am
(sox)
(IN %)
(100%)
(50x)
Highest Days)
Sunday - Wednesday
Saturday
Sunday
Monday
1K%)
(la %)
(50%)
(50 %)
Highest Month(s)
April - December
September
August - December
September
(34%)
poox)
(50x)
(50x)
Alcohol Serious Injury Crashes
4
Highest Time Period(s)
6:00pm- 8:59pm
9:00pm - 11:59pm
Midnight - 2:59am
6 :00pm - 8:59pm
(33%)
(4 %)
(56%)
(33%)
Highest Day(s)
Monday - Saturday
Sunday
Thursday
Sunday
(44%)
(44 %)
(33 %)
(31 %)
Highest Month(s)
May - October
April - November
April - July
February - January
(44%)
144 %)
(N%)
(30 %1
Alcohol Injury Crashes
24
29
36
35
6:00pne - 8:59pm
Highest Time Period(s)
6:00pm- 8:59pm
9:00pm - 11:59pm
Midnight - 2:59am
Midnight - 2:59am
(30%)
(]a%)
(56 %)
(31%)
Highest Day(s)
Saturday
Sunday
Saturday
Sunday
(33x)
(34%)
(lax)
(23x)
HighestMonth(s)
June
December
April
January - October
421 %1
(17 %)
(19x)
(28%)
• Alcohol Fatal Interstate Crashes • Alcohol Fatal Non - interstate Crashes
• Alcohol Senoas Injury Interstate Crashes a Alcohol Serious Injury Non - interstate Crashes
The blue gradient represents the density of all alcohol crashes. This hymn -a acrcmW bt rk
Ceramr wr Cew4mul hd mmmTmchwim
page I oft
Reaaoke Re&o
Au pst. MI
Roanoke City Alcohol Crash Statistics
2019 Fatal Crashes -
Calendar t tar
2020 Fatal Crashes - Calendar
ti ear
Street
Cross Street Count
Street
Cross Street Count
IiARRISON AVE
MOORMAN AVE 1
WILLIAMSON RD
LACONIA AVE 2
PLANTATION RD
WEBB RD 1
WILLIAMSON RD
COURTNEY AVE 1
BRANDON AVE
1
HERSHBERGER RD
I
IOTH ST
1
CAMPBELL AVE
7TH ST I
Mainline crash locations not included in table 0
1 -581
1
Intersection crash locations not included in table. 0
Mainline crash locations not included in tables 0
Intersection crash locations not included in table, 0
2019 Serious Injury
Crashes - Calendar Year
2020 Serious Injury Crashes - Calendar Year
Street
Cross Street Count
Street
Cross Street Count
ORANGE AVE
1
ORANGE AVE
2
MELROSE AVE
30TH ST I
ELM AVE
4TH ST I
ORANGE AVE
WILLIAMSON RD 1
HERSHBERGER RD
I
WILLIAMSON RD
I
MELROSE AVE
COUNTRY CLUB DR
THIRLANE RD
PETERS CREEK RD 1
WILLIAMSON RD
CAMPBELL AVE I
PETERS CREEK RD
BRANDON AVE_ I
5TH ST
MOUNTAIN AVE I
TAZEWELL AVE
I
OLD VINTON RD
13TH ST 1
WESTSIDE BLVD
I
1.581 RAMP
I
BROAD ST
GRANDVIEW AVE I
13TH ST
I
Mainline crash locations not included in table 0
COVE RD
I
Intersection crash locations not included to table 0
Mainline crash locations not included in table 0
Intersection crash locations not included in table 2
Locations with equal crash counts are listed in random order in table and single crash locations mad not be listed
page 2 of 2
This report was generated by the Center ffOT Geospatial Information Technology
VU
ViRGAIA TECH
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of September, 2021.
No. 42151 - 092021.
A RESOLUTION authorizing the acceptance of the Department of Motor Vehicles Traffic
Safety (Selective Enforcement - Occupant Protection) Grant and authorizing the execution, and
filing of appropriate documents to obtain such funds.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City of Roanoke hereby accepts the Department of Motor Vehicles Traffic Safety
(Selective Enforcement — Occupant Protection) Grant funds in the total amount of $13,440, with a
50% in -kind local match of $6,720, and a voluntary cash match of $1,029, as more specifically
outlined in the Agenda Report dated September 20, 2021.
2. The City Manager is hereby authorized to accept, execute, and file on behalf of the
City of Roanoke any and all documents required to obtain such funding. All such documents to be
approved as to form by the City Attorney.
3. The City Manager is further directed to furnish such additional information as may be
required in connection with the acceptance of the foregoing funding or with such project.
ATTEST:
City Clerk.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of September, 2021.
No. 42152 - 092021.
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 2021 -2022 Grant Fund Appropriations, and dispensing with the second reading by
title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that the following
sections of the 2021 -2022 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Overtime Wages
FICA
Revenues
DMV Occupant Protection FY22 - Grant
DMV Occupant Protection FY22 - Local
35 -640- 3928 -1003 $13,440
35- 640 - 3928 -1120 1,029
35- 640 - 3928 -3933 13,440
35- 640 - 3928 -3934 1,029
Pursuant to the provisions of Section 12 of the City Charter, the second reading of
this ordinance by title is hereby dispensed with.
ATTEST:
C" '4.
City Clerk.
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: September 20, 2021
Subject: 2022 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 $13,440 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 $6,720 associated with this award that will be satisfied through the police
department's expenditure on motor fuel and vehicle operation. The grant prohibits
using Federal Insurance Contributions Act ( "FICA ") payments, related to overtime, as
matching funds; therefore, this related necessary expense will be included as a
voluntary cash match of $1,029.
Recommended Action:
Accept the 2022 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 $14,469 consisting of $13,440 in grant revenue and $1,029 in voluntary
cash match to be transferred from the grant match account and appropriate funding in
the same amount i accounts to be established by the Director of Finance in the
Grant
Robert S.�e6well, Jr.
City Manager
Distribution: Council Appointed Officers
Clarence G. Grier, Deputy City Manager for Operations
Amelia C. Merchant, Director of Finance
Samuel Roman, Jr., Chief of Police
amcom Motor Vehicles
Richmond Virgcma 23269 -0001
HIGHWAY SAFETY GRANT AGREEMENT
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 and
date 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
., au__. n___-r r••- n:..a...... A lf:r 7490n �rvi tha fnllnwinn•
LivVC111111wilt 1, LJVV V I VGIV vuaiaa .. ... .. ..... .. ., ... .... _____. —..--
_ - -- ------ --
f=ederal Award Identification Number (FAIN):
Subrecipient: Roanoke City
69A37520300004020VA0
Project Title: Selective Enforcement - Occupant Protection
Project Number: FOP -2022- 52127 -22127
Assistance Listing Number (ALN): 20.600
Grant Award Amount: $ 13,440.00
ALN Name: State and Community Highway Safety
Federal -unrJs o .I'- =ka:a s I i3 4a10 vo
Total Fer eiai Funos Obligated S ; 3,440 0D
Period of Performance:
Source of funds obligated to this award:
From October 1, 2021, 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, 2022. Allow 21 days for
the Department to complete Its review and signature. FINAL
Date of Award Letter from NHTSA: September 30, 2021
VOUCHER IS DUE ON OR BEFORE NOVEMBERS, 2022.
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 referred to
as "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.
SIGNATURES OF AUTHORIZED APPROVING OFFICIALS
For Subrecipient:
Name and Title of Project Director (print)
Signature
For Virginia Department of Motor Vehicles:
John Saunders
Director, Virginia Highway Safety Office (print)
Date Signature Date
Subrecipient's UEI Number
Does your locality /legal entity expend $750,000 or more annually
in total federal funds? (check one) —Yes —, _No
Name and Title of Authorized Approving Official (print)
Signature Date
FOP -2022 - 82127 - 22127 - Roanoke City
Category
Personnel
Matching Funds
Line Item Desc
420 SE OT hours @ approx. $32 per hour
Fuel and vehicle maintenance
Department of Motor Vehicles
Grant Budget Lines
Date Run:12,1UL -2021
PM: Steven Williams Project Director Initials Date
Individual Total Fed Fund Matching
Oty Cost Cost Amount Funds,
420 32.00 13,440.00 13,440.00 0.00
1 6,720.00 6,720.00 0.00 6,720.00
Total: 20,160.00 13,440.00 6,720.00
Subrecipient Name:
Project #:. _____
STATEMENT OF WORK AND SPECIAL CONDITIONS
TSS012E -OP (07/01/2021)
Page 3
1. Goals and Specific Program Elements. The goals and specific program elements of the subrecipient's proposal
are incorporated as the first item in this Statement of Work and Special Conditions.
a. List Specific Program Elements:
For October 1, 2021 through December 31, 2021
Estimated number of overtime hours to be used
Estimated number of saturation/individual patrols
For January 1, 2022 through March 31, 2022
Estimated number of overtime hours to be used
Estimated number of saturation /individual patrols
For April 1, 2022 through June 30, 2022
Estimated number of overtime hours to be used
Estimated number of saturation/individual patrols
For July 1, 2022 through September 30, 2022
Estimated number of overtime hours to be used
Estimated number of saturation patrols
b. To conduct a minimum of saturation /individual patrols during the national mandatory Click It or Ticket
Mobilization period in November 2021 and May 2022. Pre and post survey will be required. Mobilization and
survey data must be entered into Traffic Records Electronic Data System (TREDS).
c. To conduct a minimum of saturation patrols for the mandatory Checkpoint Strikeforce Mobilization
periods in December 2021 and August 2022. Mobilization data must be entered into TREDS.
d. To have (number) sworn officers attend (number) DMV approved traffic safety related training
events (e.g., Virginia Highway Safety Summit, Small Agency Symposium).
Project Director
Initial
Date
TSS 012E -OP (07101/2021)
Page 3.1
Subrecipient Name:
Project #:
2. The subrecipient must contribute to the overall State Highway Safety Plan goals.
a. OCCUPANT PROTECTION
STATEWIDE GOAL: Reduce unrestrained passenger vehicle occupant fatalities in all seating
positions to 306 by December 31, 2022. Increase observed seat belt use for passenger vehicles, front
seat outboard occupants by 2 percentage points from 85.4 percent in 2019 to 87.1 percent by
December 31, 2022.
AGENCY GOAL:
Check the box or boxes that apply for your agency goal and complete.
❑To reduce unrestrained passenger vehicle occupant fatalities from (CY2020) to and
reduce serious unrestrained related injuries from (CY2020) to by December 31, 2022.
❑To maintain 0 unrestrained fatalities and /or 0 serious unrestrained injuries.
OTo assist (county /city) in reducing overall unrestrained fatalities and serious
unrestrained injuries. (To be used by towns that do not have any fatalities and /or serious injuries.)
b. Subrecipient must participate in the national Click it or Ticket (CIOT) activities (November 2021 and May
2022) to include pre and post seatbelt surveys and submit selective enforcement and survey data
electronically through TREDS.
c. Subrecipient must participate in Checkpoint Strikeforce (CPSF) /Drive Sober or Get Pulled Over (DSOGPO)
Mobilizations (December 2021 and August 2022) and enter selective enforcement data electronically through
TREDS.
d. BASED ON UNRESTRAINED OCCUPANT CRASH DATA (using crash data from VAHSO or other approved
local crash information):
percent of occupant protection selective enforcement activities are to be conducted
between the hours of
with special emphasis on the following days of the week:
The remaining percent of selective enforcement hours may must be scheduled during other
DMV approved identified high -crash time periods.
e. Enforcement is to be conducted using data - identified problem locations.
f. Grant - funded equipment must be ordered by December 31, 2021 and put in service by March 31, 2022.
Documentation concerning use must be maintained.
g. Reimbursement vouchers will be submitted monthly or quarterly. Only check one option and this
option will be eff ective for the entire FY2022 grant year.
h. To assist with educational highway safety messaging with posting at least highway safety message(s)
per quarter on agency social media platform or agency website.
i. Subrecipient must submit a completed monitoring report (TSS 14 -A) to their DMV Project Monitor by specific
assigned dates.
j. Subrecipient must attend all mandatory DMV grant- related trainings.
k. Zero tolerance (no warnings) for alcohol, speed or seat belt violators during grant - funded overtime.
Project Director
Initial
Date
TSS 01213 (07/01/202 1)
Page 4
HIGHWAY SAFETY GRANT AGREEMENT
GENERAL TERMS AND CONDITIONS
Purpose and Background. The Virginia Department of Motor Vehicles ( "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 U.S.C. (United
States Code), Chapter 4: Highway Safety and 23 U.S.C. 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.
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 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
entity must be agreed upon by the Department and Subrecipient and approved by NHTSA and the
Project Director's Initials Date
TSS 012B (07101/2021)
Page 5
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 S.
Each Progress and Monitor Report shall address Subrecipient's progress in fulfilling items listed in the
Statement of Work and Special Conditions, including funded elements of 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 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 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 Subrecipient to any third party is strictly prohibited and may be grounds for the
termination of this Grant Agreement by the Department.
5. Single Audit. A Subrecipient expending $750,000 or more in Federal awards (single or multiple
awards) in a year is 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 no later than nine months after Subrecipient's fiscal year and date
unless a Federal extension is granted. If an extension is granted, the due date will be extended
based on the information provided in the Federal language. Subrecipient is encouraged to submit
their audit report to the Federal Audit Clearinghouse (FAC) at htta: / /harvester.census,00v /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, Subrecipient will be responsible
for repayment to the Department of such unallowable expenditures.
6. Closeout. Subrecipient is 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 Date
TSS 012B (07/01/2021)
Page 6
Article 1. COMPLIANCE WITH LAWS
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
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); 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, 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 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 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 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.
C. All payments will be made in accordance with the terms of the Grant Agreement.
Project Director's Initials Date
TSS 0128 (07/01/2021)
Page 7
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 have been 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. Reimbursement
is available only for costs that have been paid by Subrecipient. Under no circumstance will the
Department provide up -front payments for costs not incurred and paid by Subrecipient.
Costs related to contractual fees require additional documentation in order to be eligible for
reimbursement. Subrecipient must submit a copy of each contract, memorandum of
understanding /agreement, rental /lease agreement prior to implementing the contract activity and
allow sufficient time (minimum of three (3) weeks) for review and approval to ensure that services
and products being provided are allowable expenses 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 project.
F. Payment of costs incurred under the Grant Agreement is further governed by 2 CFR Part 200 and
2 CFR Part 1201.
G. For nonprofit organizations, Subrecipient must provide the most recent Form 990 (Return of
Organization Exempt for Income Tax) submitted to IRS. Subrecipient must provide
documentation of yearly salary or hourly pay and any other compensation, including fringe
benefits, for each employee /position for which Subrecipient seeks reimbursement.
Documentation of pay must be provided through a certified letter from the organization's Board
Chair or President. Form 990 and the certified letter must be submitted with Subrecipient's
signed Grant Agreement. Requests for compensation for pay raises, bonuses, and staff changes
must be made in writing via email to the Department. The Department will review such requests
and determine approval for reimbursement. The Department reserves the right to deny increased
reimbursement for raises, bonuses, and staff changes.
H. Subrecipient may request an Indirect Cost Rate for grants that are not enforcement related.
Subrecipient must submit a copy of their Federally negotiated indirect cost rate. A non- federal
Subrecipient that does not have a current Federally negotiated indirect cost rate, may submit a
letter requesting a de minimis indirect cost rate of 10% of modified total direct costs which may be
used indefinitely (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.
I. 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 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 Subrecipient must keep documentation
related to matching funds in the project file.
J. 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. 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
Project Director's Initials Date
TSS 0128 (07/01/2021)
Page B
shall no longer be available to Subrecipient. In no case shall Subrecipient be reimbursed for
expenses incurred prior to the beginning or after the end of the Grant Period.
K. 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.
L. 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, Subrecipient may apply for funding
assistance beyond the initial Grant Period. Preference for funding will be given to those projects
for which 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.
M. 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, 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 Subrecipient, giving notice of intent to terminate the Grant
Agreement, as specified in Article 12, 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
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 12, Termination.
Article 6. ADDITIONAL WORK AND CHANGES IN WORK
If Subrecipient is of the opinion that any assigned work is beyond the scope of the Grant Agreement and
constitutes additional work, Subrecipient shall promptly notify the Department in writing. If the
Department finds that such work does constitute additional work, the Department shall so advise
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 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, Subrecipient shall make such
Project Director's Initials Date
TSS 0128 (071012021)
Page 9
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 Subrecipient submits work that does not comply with the terms of the Grant Agreement, the Department
shall instruct 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.
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 Subrecipient or any costs incurred by
Subrecipient relating to additional work not directly associated with or prior to the execution of an
amendment.
Article 7. REPORTING AND NOTIFICATIONS
Subrecipient 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.
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 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 B. RECORDS
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. 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 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 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. CONFIDENTIALITY
Distribution of privileged information, as described at Va. Code § 46.2 -208, to any third party is prohibited
unless specifically provided for in this Agreement. If dissemination to a third party is allowed,
Subrecipient shall only disseminate privileged information to third parties subject to the original purpose
specified in this Agreement and consistent with Title 46.2 of the Code of Virginia. If Subrecipient is a
federal, state, or local governmental entity, local government group self - insurance pool, law- enforcement
officer, attorney for the Commonwealth, or court, or the authorized agent of any of the foregoing,
Subrecipient certifies, by execution of this Agreement, that the information obtained will not be used for
Project Director's Initials Date
TSS 0128 (07/01/2021)
Page 10
civil immigration purposes or knowingly disseminated to any third party for any purpose related to civil
immigration enforcement.
Article 10. INDEMNIFICATION
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
Subrecipient, its officers, agents or employees. 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 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 11. DISPUTES AND REMEDIES
Subrecipient shall be responsible for the settlement of all contractual and administrative issues arising out
of procurement made by 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.
Article 12. SUSPENSION OR TERMINATION
The Department may suspend or terminate the Grant Agreement, in whole or in part, for cause if
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
suspension or termination rights that the Department may have under State or Federal laws, regulations
or policies.
The Grant Agreement shall remain in effect until Subrecipient has satisfactorily completed all services
and obligations described herein and these have been accepted by the Department, unless:
A. The Department suspends or terminates the Grant Agreement for cause and informs
Subrecipient that the project is suspended or terminated immediately; or
B. The Department determines that the performance of the project is not in the best interest of the
Department and informs Subrecipient that the project is suspended or terminated immediately; or
C. The Grant Agreement is suspended or terminated in writing with the mutual consent of both
parties; or
D. There is a written thirty (30) day notice to suspend or terminate by either party.
The Department shall compensate 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. Subrecipient shall not incur nor be reimbursed for any
new obligations after the effective date of termination.
Article 13. 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 Subrecipient desires to subcontract part of the work
specified in the Grant Agreement, 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.
Project Director's Initials Date
TSS 0128 (07/0112021)
Page 11
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, 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 14. NONCOLLUSION
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 16. SUBRECIPIENT'S RESOURCES
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. Subrecipient further certifies that it has the financial resources
required to satisfy incurred costs whether or not such costs are eligible for subsequent reimbursement.
All employees of Subrecipient shall have such knowledge and experience as will enable them to perform
the duties assigned to them. Any employee of 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.
Unless otherwise specified, Subrecipient shall furnish all equipment, materials, supplies, and other
resources required to perform the work.
Article 16. SUBRECIPIENT SEAT BELT USE
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 Subrecipient, including police
vehicles.
Article 17. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE
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 18. PROCUREMENT AND PROPERTY MANAGEMENT
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 stricter requirements than the Federal standards.
Article 19. 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,
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.
Project Director's Initials Date
TSS 012B (07/01/2021)
Page 12
Article 20. RESEARCH ON HUMAN SUBJECTS
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 21. ASSIGNMENT
The Grant Agreement shall not be assignable by Subrecipient in whole or in part without the written
consent of the Department.
Article 22. NONDISCRIMINATION
A. 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);
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 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 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 - 74100).
Project Director's Initials Date
TSS 0128 (0710112021)
Page 13
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:
"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 contractlagreement 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 Subrecipient has been cited for noncompliance with these laws,
regulations or policies, Subrecipient will not be eligible to receive funding.
Article 23. DRUG -FREE WORKPLACE
Subrecipient certifies that it will provide a drug -free workplace in accordance with the requirements of the
Drug -Free Workplace Act of 1988 (41 U.S.C. 8103 – Federal grant recipients).
Article 24. BUY AMERICA ACT
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
Project Director's Initials Date
TSS 01213 (07/0112021)
Page 14
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. $0, 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 U.S.C. 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.
Article 25. 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. 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, 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. 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 subagreement. 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 26. DEBARMENT AND SUSPENSION
A. 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 participating in 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 -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 -year period preceding this Grant Agreement, had one or more
Federal, State, or local transactions terminated for cause or default.
Project Director's Initials Date
TSS 0128 (07101/2021)
Page IS
B. Where Subrecipient is unable to certify to any of the statements in this Article, such Subrecipient
shall attach an explanation to the Grant Agreement.
C. 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 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. 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. Subrecipient shall provide immediate written notice to the Department if at any time Subrecipient
learns that its certification was erroneous when submitted or has become erroneous by reason of
changed circumstances.
F. Subrecipient agrees to comply with the requirements of 2 CFR Parts 180 and 1200.
Article 27. POLITICAL ACTIVITY (HATCH ACT)
Subrecipient will comply with provisions of the Hatch Act (5 U.&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 28. FEDERAL LOBBYING CERTIFICATION
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 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 websketwebpage 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. Subrecipient shall require that the language of this certification be included in the award
documents for all sub - awards (including subcontracts, subgrants, 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.
Project Director's Initials Date
TSS 0128 (07/01/2021)
Page 16
Article 29. 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 websitetwebpage 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
acting for such Subrecipient related to any activity designed to influence legislation or appropriations
pending before the Virginia General Assembly.
Article 30. 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 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 31. ADDITIONAL PROVISIONS
A. Signature Authorized. 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 costs
subsequently reimbursed and 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 Date
2021
Roanoke Retina
Roanoke City Unrestrained Crash Statistics
A., I.ki. 41—h rimes - C'alenelar year 2017 2018 2019 2410
Unrestrained- Related Crashes
25
19
30
28
Unrestrained- Related Fatal Crashes (fatalities)
2 (2)
I (1)
3:00pm - 5:59pm
Highest Time Penod(s)
No
No
Midnight - 2:59am
9:00pm - 11:59pm
(100 %)
(too %)
L nrrstrained
l nresirained
Fatalities
Fatalities
Friday- Saturday
Monday
Highest Day(s)
(100 %)
1100 %)
August - May
June
Highest Month(s)
(100x)
(t00%)
Unrestrained - Related Serious Injury Crashes (injuries)
!
°'
Midnight - 2:59am
Midnight - 2:59am
Midnight - 2:59am
6:00pm - 8:59pm
Highest Time Penod(s)
(27 %)
(40%)
(33 %)
140 %)
Saturday
Sunday
Friday - Sunday
Sunday
Highest Da (s)
$ Y
(36%)
(40%)
(66x)
(40 %)
December - June
November
April - December
August - October
Highest Month(s)
(36%)
440%)
(34%)
440 %)
Unrestrained - Related Injury Crashes (injuries)
25 (26)
19 (21)
28 (34)
27 (31)
3:00pm- 5:59pm
6:00pm - 8:59pm
6:00pm - 8:59pm
Highest Time Penod(s)
Midnight - 2:59am
3:00pm - 5:59pm
Midnight - 2:59am
Noon - 2 :59pm
(40%)
(26 %)
(36 %)
(46%)
Saturday
Sunday
Sunday
Sunday
Highest Day(s)
(32 %)
(26 %)
(25 %)
(22 %)
December - September
December
April - December
April
Highest Month(s)
(32 %)
(2t%)
(36%)
(19%)
♦ Unrestrained - Related Fatal Interstate Crashes a t Erestrained- Related Fatal Non- interstate Crashes w
• Unrestrained - Related Serious Injury Interstate Crashes o l nrestrained- Related Serious Injuq Non - interstate Crashes V041NIA TECH
TAE few" z terem"d br the
The blue gradient represents the density of all unrestrained- related crashes Ccl iCrfOrCcorasiat Intommion Tcchadoac
page I of 2
August, 2021
Roanalce Region
Roanoke City Unrestrained Crash Statistics
2019 Fatal Crashes - Calendar Year 2020 Fatal Crashes - Calendar l ear
Street Cross Street Count Street Cross Street Count
HARRISON AVE
MOORMAN AVE 1
1 $81
1
1
Mainline crash locations not included in table 0
LOTH ST
Intersection crash locations not included in table: 0
Mainline crash locations not included to table 0
Intersection crash locations not included in table 0
2020 Serious Injury Crashes - Calendar Year
2019 Serious Injury
Crashes - Calendar Year
Street
Cross Street Count
Street
Cross Street Count
1
MELROSE AVE
13TH ST 2
1i5.330
THIRLANt RD
PETERS CREEK RD 1
ORANGE AVE
I
ORANGE AVE
GAINSBORO RD 1
SALEM TPKE
I
LONDON AVE
12TH ST I
5TH ST
MOUNTAIN AVE 1
I
10TH ST
ORANGE AVE I
1 381
BROADS]
GRANDVIEW AVE I
MELROSE AVE
I
Mainline crash locations not included in table 0
1 -581
I
Intersection crash locations not included in table 0
IUTH Si
CAMPBELL AVE
BERKLEY AVE
1
Mainline crash locations not included in table 0
Intersection crash locations not included in table 0
Locations w ith equal crash counts are listed in random order in table and single crash
locations may not be listed.
page 2 of 2
This report was generated by the Center for Geospatial Information Technology
w
VIRGINIA TECH
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of September, 2021.
No. 42153 - 092021.
A RESOLUTION authorizing the acceptance of the Department of Motor Vehicles Traffic
Safety (Selective Enforcement — Speed) Grant and authorizing the execution, and filing of
appropriate documents to obtain such funds.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City of Roanoke hereby accepts the Department of Motor Vehicles Traffic
Safety (Selective Enforcement — Speed) Grant funds in the total amount of $27,560, with a 50%
in -kind local match of $13,780, and a voluntary cash match of $1,224, as more specifically outlined
in the Agenda Report dated September 20, 2021.
2. The City Manager is hereby authorized to accept, execute, and file on behalf of the
City of Roanoke any and all documents required to obtain such funding. All such documents to
be approved as to form by the City Attorney.
3. The City Manager is further directed to furnish such additional information as may
be required in connection with the acceptance of the foregoing funding or with such project.
ATTEST:
City Clerk.
CITY COUNCIL AGENDA REPORT
µ:
To: Honorable Mayor and Members of City Council
Meeting: September 20, 2021
Subject: 2022 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 Roanoke Police Department regularly applies
for grant funding under this program.
The Roanoke Police Department has been awarded $27,560 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 and purchase speed
enforcement equipment. There is a required 50% in -kind match of $13,780 associated
with this award that will be satisfied through the Police Department's expenditure on
motor fuel and vehicle operation. The grant specifically prohibits using Federal
Insurance Contributions Act ( "FICA ") payments, related to overtime, as matching funds;
therefore, this related necessary expense will be included as a voluntary cash match of
$1,224.
Recommended Action:
Accept the 2022 DMV Traffic Safety (Selective Enforcement - Speed) 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 $28,784 consisting of $27,560 in grant revenue and $1,224 in voluntary
cash match to be transferred from the grant match account and appropriate funding in
the sa nt into an account to be established by the Director of Finance in the
t Fund.
- - -- - -- - ------- - - - - --
R0 b4rt S.
well, Jr.
City Manager
Distribution: Council Appointed Officers
Clarence G. Grier, Deputy City Manager for Operations
Amelia C. Merchant, Director of Finance
Samuel Roman, jr., Chief of Police
�.7lllY
www dmvNpW com
Virpinia Department of Motor Vehicles
Post OffTca Box 27412
Richmond Virg.ma 23269 -0001
HIGHWAY SAFETY GRANT AGREEMENT
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 and
date 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
"Denartment "1. 9 *4nn wait n.ngari ct.eot r]inhmnnA V: r..:..0 nnnnn _. a _ ■_u_..:__-
Subrecipient: Roanoke City
Federal Award Identification Number (FAIN):
69A37520300004020VA0
Project Title: Selective Enforcement - Speed
Project Number: FSC- 2022 - 52144 -22144
Assistance Listing Number (ALN): 20.600
Grant Award Amount: $ 27,560.00
ALN Name: State and Community Highway Safety
I_- ,c;era; Ob fi.,�j e ,, S 27 �,Fc or,
ToUl Fcdoral Funds Ob €ir ate o 5 27.560 0.}
Period of Performance:
Source of funds obligated to this award:
From October 1, 2021, 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, 2022. Allow 21 days for
the Department to complete its review and signature. FINAL
VOUCHER IS DUE ON OR BEFORE NOVEMBER 5, 2022.
Date of Award Letter from NHTSA: September 30, 2021
[ 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 referred to
as "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.
SIGNATURES OF AUTHORIZED APPROVING OFFICIALS
For Subrecipient:
Name and Title of Project Director (print)
For Virginia Department of Motor Vehicles:
John Saunders
Director, Virginia Highway Safety Office (print)
Signature Dale Signature Date
Subrecipient's UEI Number
Does your locality/legal entity expend $750.000 or more annually
in total federal funds? (check one) Yes No
Name and Title of Authorized Approving Official (print)
Signature Date
68MY
FSC -2022 - 52144- 22144 - Roanoke City
Category Une Item Desc
Personnel 500 SE hours @ approx. $32 per hour
Equipment RADAR units
Matching Funds Fuel and vehicle maintenance
Department of Motor Vehicles
Grant Budget Lines
PM: Steven Williams
Project Director Initials
Date Run: 12-JUL-2021
Date
Individual
Total
Qty
Cost
Cost
500
32.00
16,000.00
8
1,445.00
11,560.00
1
13, 780.00
13,780.00
Total:
41,340.00
Date Run: 12-JUL-2021
Date
Fed Fund
Matching;
Amount
Funds: -
16,000.00
0.00
11,560.00
0.00
0.00
13,780.00
27,560.00
13,780.00
Subrecipient Name:
Project #:
STATEMENT OF WORK AND SPECIAL CONDITIONS
TSS 012G -SC (07/01/2021)
Page 3
1. Goals and Specific Program Elements. The goals and specific program elements of the subrecipient's proposal
are incorporated as the first item in this Statement of Work and Special Conditions.
a. List Specific Program Elements:
For October 1, 2021 through December 31, 2021
Estimated number of overtime hours to be used
Estimated number of overtime individual/saturation patrols
For January 1, 2022 through March 31, 2022
Estimated number of overtime hours to be used
Estimated number of overtime individual/saturation patrols
For April 1, 2022 through June 30, 2022
Estimated number of overtime hours to be used
Estimated number of overtime individuaVsatu ration patrols
For July 1, 2022 through September 30, 2022
Estimated number of overtime hours to be used
Estimated number of overtime individual/saturation patrols
b. To conduct a minimum of saturation /individual patrols during the mandatory national Click It or Ticket
Mobilization period in November 2021 and May 2022. Pre and post survey will be required. Mobilization data
must be entered into Traffic Records Electronic Data System (TREDS).
c. To conduct a minimum of saturationAndividual patrols for the mandatory Checkpoint Strikeforce
Mobilization periods in December 2021 and August 2022. Mobilization data must be entered into TREDS.
d. To have (number) of sworn officers attend (number) DMV approved traffic safety related training
events (e.g., Virginia Highway Safety Summit, Radar Certification Schools, Small Agency Symposium).
e. Increase number of speed measurement devices (as approved in budget) inactive use from to
(If approved, all units must be ordered by December 31, 2021 and put in service by March 31, 2022.)
Project Director
Initial Date
TSS 012G -SC (07101/2021)
Page 3.1
Subrecipient Name:
Project #: _
2. The subrecipient must contribute to the overall State Highway Safety Plan goals.
a. SPEED
STATEWIDE GOAL: Reduce speed - related fatalities by 1 percent from 232 to 230 by
December 31, 2022.
AGENCY GOAL:
Check the box(s) that apply for your agency goal and complete.
OTo reduce speed - related fatalities from I (CY2020) to and reduce serious speed - related
injuries from _.. (CY2020) to by December 31, 2022.
OTo maintain 0 speed - related fatalities and /or 0 serious speed - related injuries.
OTo assist (county /city) in reducing overall speed- related fatalities and serious
unrestrained injuries. (To be used by towns that do not have any fatalities and /or serious injuries.)
b. Subrecipient must participate in Checkpoint Strikeforce (CPSF) /Drive Sober or Get Pulled Over (DSOGPO)
Mobilizations (December 2021 and August 2022) and enter selective enforcement data electronically through
TREDS.
C. Subrecipient must participate in the national Click it or Ticket (CLOT) activities (November 2021 and May
2022) to include pre and post seatbelt surveys and submit selective enforcement and survey data
electronically through TREDS.
d. BASED ON SPEED - RELATED CRASH DATA (using crash data from VAHSO or other approved local crash
information):
percent of speed control selective enforcement activities are to be conducted
between the hours of
with special emphasis on the following days of the week:
The remaining percent of selective enforcement hours may be scheduled during other DMV
approved identified high -crash time periods.
e. Enforcement is to be conducted using data - identified problem locations.
f. Reimbursement vouchers will be submitted monthly or quarterly. Only check one option and
this option will be effective for the entire FY2022 grant year.
g. To assist with educational highway safety messaging with posting at least highway safety message(s)
per quarter on agency social media platform or agency website.
h. Grant - funded equipment must be ordered by December 31, 2021 and put in service by March 31, 2022 and
documentation maintained concerning its use.
i. Subrecipient must submit a completed monitoring report (TSS 14 -A) to their DMV Project Monitor by specific
assigned dates.
j. Subrecipient must attend all mandatory DMV grant - related trainings.
k. Zero tolerance (no warnings) for alcohol, speed or seat belt violators during grant- funded overtime.
Project Director
Initial
Date
TSS 0128 (07/01/2021)
Page 4
HIGHWAY SAFETY GRANT AGREEMENT
GENERAL TERMS AND CONDITIONS
Purpose and Background. The Virginia Department of Motor Vehicles ("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 U.S.C. (United
States Code), Chapter 4: Highway Safety and 23 U.S.C. 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;
& 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 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
entity must be agreed upon by the Department and Subrecipient and approved by NHTSA and the
Project Director's Initials Date
TSS 0128 (0710112021)
Page 5
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 Subrecipient's progress in fulfilling items listed in the
Statement of Work and Special Conditions, including funded elements of 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 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 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 Subrecipient to any third party is strictly prohibited and may be grounds for the
termination of this Grant Agreement by the Department.
5. Single Audit. A Subrecipient expending $750,000 or more in Federal awards (single or multiple
awards) in a year is 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 no later than nine months after Subrecipient's fiscal year end date
unless a Federal extension is granted. If an extension is granted, the due date will be extended
based on the information provided in the Federal language. Subrecipient is encouraged to submit
their audit report to the Federal Audit Clearinghouse (FAC) at httn: / /harvester.census.aov /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, Subrecipient will be responsible
for repayment to the Department of such unallowable expenditures.
6. Closeout. Subrecipient is 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 Date
TSS 01213 (07/0112021)
Page 6
Article 1. COMPLIANCE WITH LAWS
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
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); 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, 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 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 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 at 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 at 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 at 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 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.
C. All payments will be made in accordance with the terms of the Grant Agreement.
Project Director's Initials Date
TSS 0126 (07/01/2021)
Page 7
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 have been 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. Reimbursement
is available only for costs that have been paid by Subrecipient. Under no circumstance will the
Department provide up -front payments for costs not incurred and paid by Subrecipient.
Costs related to contractual fees require additional documentation in order to be eligible for
reimbursement. Subrecipient must submit a copy of each contract, memorandum of
understanding /agreement, rental/lease agreement prior to implementing the contract activity and
allow sufficient time (minimum of three (3) weeks) for review and approval to ensure that services
and products being provided are allowable expenses 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 project.
F Payment of costs incurred under the Grant Agreement is further governed by 2 CFR Part 200 and
2 CFR Part 1201.
G. For nonprofit organizations, Subrecipient must provide the most recent Form 990 (Return of
Organization Exempt for Income Tax) submitted to IRS. Subrecipient must provide
documentation of yearly salary or hourly pay and any other compensation, including fringe
benefits, for each employee /position for which Subrecipient seeks reimbursement.
Documentation of pay must be provided through a certified letter from the organization's Board
Chair or President. Form 990 and the certified letter must be submitted with Subrecipient's
signed Grant Agreement. Requests for compensation for pay raises, bonuses, and staff changes
must be made in writing via email to the Department. The Department will review such requests
and determine approval for reimbursement. The Department reserves the right to deny increased
reimbursement for raises, bonuses, and staff changes.
H. Subrecipient may request an Indirect Cost Rate for grants that are not enforcement related.
Subrecipient must submit a copy of their Federally negotiated indirect cost rate. A non - federal
Subrecipient that does not have a current Federally negotiated indirect cost rate, may submit a
letter requesting a de minimis indirect cost rate of 10% of modified total direct costs which may be
used indefinitely (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.
1. 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 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 Subreciplent must keep documentation
related to matching funds in the project file.
J. 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. 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
Project Director's Initials Date
TSS 0128 (07101/2021)
Page 8
shall no longer be available to Subrecipient. In no case shall Subrecipient be reimbursed for
expenses incurred prior to the beginning or after the end of the Grant Period.
K. 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.
L. 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, Subrecipient may apply for funding
assistance beyond the initial Grant Period. Preference for funding will be given to those projects
for which 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.
M. 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, 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 Subrecipient, giving notice of intent to terminate the Grant
Agreement, as specified in Article 12, 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
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 12, Termination.
Article 6. ADDITIONAL WORK AND CHANGES IN WORK
If Subrecipient is of the opinion that any assigned work is beyond the scope of the Grant Agreement and
constitutes additional work, Subrecipient shall promptly notify the Department in writing. If the
Department finds that such work does constitute additional work, the Department shall so advise
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 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, Subrecipient shall make such
Project Director's Initials Date
TSS 012B (07/01/2021)
Page 9
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 Subrecipient submits work that does not comply with the terms of the Grant Agreement, the Department
shall instruct 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.
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 Subrecipient or any costs incurred by
Subrecipient relating to additional work not directly associated with or prior to the execution of an
amendment.
Article 7. REPORTING AND NOTIFICATIONS
Subrecipient 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.
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 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
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. 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 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 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. CONFIDENTIALITY
Distribution of privileged information, as described at Va. Code § 46.2 -208, to any third party is prohibited
unless specifically provided for in this Agreement. If dissemination to a third party is allowed,
Subrecipient shall only disseminate privileged information to third parties subject to the original purpose
specified in this Agreement and consistent with Title 462 of the Code of Virginia. If Subrecipient is a
federal, state, or local governmental entity, local government group self- insurance pool, law- enforcement
officer, attorney for the Commonwealth, or court, or the authorized agent of any of the foregoing,
Subrecipient certifies, by execution of this Agreement, that the information obtained will not be used for
Project Director's Initials Date
TSS 0128 (07101/2021)
Page 10
civil immigration purposes or knowingly disseminated to any third party for any purpose related to civil
immigration enforcement.
Article 10. INDEMNIFICATION
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
Subrecipient, its officers, agents or employees. 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 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 11. DISPUTES AND REMEDIES
Subrecipient shall be responsible for the settlement of all contractual and administrative issues arising out
of procurement made by 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.
Article 12. SUSPENSION OR TERMINATION
The Department may suspend or terminate the Grant Agreement, in whole or in part, for cause if
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
suspension or termination rights that the Department may have under State or Federal laws, regulations
or policies.
The Grant Agreement shall remain in effect until Subrecipient has satisfactorily completed all services
and obligations described herein and these have been accepted by the Department, unless:
A. The Department suspends or terminates the Grant Agreement for cause and informs
Subrecipient that the project is suspended or terminated immediately; or
B. The Department determines that the performance of the project is not in the best interest of the
Department and informs Subrecipient that the project is suspended or terminated immediately; or
C. The Grant Agreement is suspended or terminated in writing with the mutual consent of both
parties; or
D. There is a written thirty (30) day notice to suspend or terminate by either party.
The Department shall compensate 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. Subrecipient shall not incur nor be reimbursed for any
new obligations after the effective date of termination.
Article 13. 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 Subrecipient desires to subcontract part of the work
specified in the Grant Agreement, 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.
Project Director's Initials Date
TSS 0128 (07/0112021)
Page 11
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, 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 14. NONCOLLUSION
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 15. SUBRECIPIENT'S RESOURCES
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. Subrecipient further certifies that it has the financial resources
required to satisfy incurred costs whether or not such costs are eligible for subsequent reimbursement.
All employees of Subrecipient shall have such knowledge and experience as will enable them to perform
the duties assigned to them. Any employee of 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.
Unless otherwise specified, Subrecipient shall furnish all equipment, materials, supplies, and other
resources required to perform the work.
Article 16. SUBRECIPIENT SEAT BELT USE
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 Subrecipient, including police
vehicles.
Article 17. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE
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 18. PROCUREMENT AND PROPERTY MANAGEMENT
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 stricter requirements than the Federal standards.
Article 19. 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,
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.
Project Director's Initials Date
TSS 0128 (07101 /2021)
Page 12
Article 20. RESEARCH ON HUMAN SUBJECTS
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 21. ASSIGNMENT
The Grant Agreement shall not be assignable by Subrecipient in whole or in part without the written
consent of the Department.
Article 22. NONDISCRIMINATION
A. 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. 20004 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);
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 It 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- 74100).
Project Director's Initials Date
TSS 012B (07/01J2021)
Page 13
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:
"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 contractifunding 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 contractlagreement 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 Subrecipient has been cited for noncompliance with these laws,
regulations or policies, Subrecipient will not be eligible to receive funding.
Article 23. DRUG -FREE WORKPLACE
Subrecipient certifies that it will provide a drug -free workplace in accordance with the requirements of the
Drug -Free Workplace Act of 1988 (41 U.S.C. 8103 – Federal grant recipients).
Article 24. BUY AMERICA ACT
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
Project Director's Initials Date
TSS 0128 (07101/2021)
Page 14
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 U.S.C. 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.
Article 25. 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. 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, 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. 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 subagreement. 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 26. DEBARMENT AND SUSPENSION
A. 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 participating in 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 -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 -year period preceding this Grant Agreement, had one or more
Federal, State, or local transactions terminated for cause or default.
Project Director's Initials Date
TSS 0128 (07101/2021)
Page 15
B. Where Subrecipient is unable to certify to any of the statements in this Article, such Subrecipient
shall attach an explanation to the Grant Agreement.
C. 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 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. 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. Subrecipient shall provide immediate written notice to the Department if at any time Subrecipient
learns that its certification was erroneous when submitted or has become erroneous by reason of
changed circumstances.
F. Subrecipient agrees to comply with the requirements of 2 CFR Parts 180 and 1200.
Article 27. POLITICAL ACTIVITY (HATCH ACT)
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 28. FEDERAL LOBBYING CERTIFICATION
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 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. Subrecipient shall require that the language of this certification be included in the award
documents for all sub - awards (including subcontracts, subgrants, 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.
Project Director's Initials Date
TSS 0126 (07101/2021)
Page 16
Article 29. 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 websitetwebpage 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
acting for such Subrecipient related to any activity designed to influence legislation or appropriations
pending before the Virginia General Assembly.
Article 30. 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 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 31. ADDITIONAL PROVISIONS
A. Signature Authorized. 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 costs
subsequently reimbursed and 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 Date
Roanoke Regk» Aa`ast.2021
Roanoke City Speed Crash Statistics
Available Crash Data - Calendar Year 2017 2018 2019 2020
Speed Crashes
186
194
250
233
Speed Fatal Crashes
3
2
3
g
3:OOpm- 5:59pm
6:OOpm - 8 :59pm
Highest Time Period(s)
6.00pm- 8:59pr1r
9:OOpm - 11:59pm
Midnight - 2:59am
3:OOpm - 5:59pm
("%)
(lor/.)
(67x)
(60x)
Highest Day(s)
Sunday - Tuesday
Saturday - Sunday
Friday • Saturday
Friday
("%)
(100x)
(ax)
(40'x-)
Highest Month(s)
March - November
September
August • December
June
466x>
po0w)
(66x)
(at►x)
Speed Serious Injur) Crashes
I
Midnight - 2:59am
3:OOpm - 5 :59pm
Highest Time Period(s)
Noon- 2:59pm
3:OOpm - 5:59pm
6:OOpm - 8:59pm
6:OOpm - 8:59pm
156%)
(26%1
(ax)
(25x)
Highest Da) (s)
Saturday - Sunday
Sunday
Friday
Friday
(56%)
(32%)
(36x)
(tax)
Highest Months)
October
August • January
April - November
January
(28%)
(37%)
(23x)
(22x)
Speed Injur) Crashes
66
SS
82
67
Highest Time Periods)
6:OOpm- 8:59pm
3:OOpm - 5 :59pm
3:OOpm - 5:59pm
9:OOpm - 11:59pm
(20 %)
(33%)
(21x)
(21x)
Highest Day(s)
Saturday
Friday • Sunday
Friday
Friday
423%1
(36%)
(24%)
(21%)
Highest Month(s)
February
December
October
January
(17%)
(11.5%)
(15'x.)
(13%)
• Speed Fatal Interstate Crashes
• Speed Senous Injury Interstate Crashes
the blue gradient represents the density of all speed crashes
• Speed Fatal Non - interstate Crashes
• Speed Senous Inywr Non-interstate Crashes
page I of 2
vtaawu res»
This rsyon was aercradM 6:
Ccrap rorGeogntat tdwww on Talnolaa+
Roanoke Region Ampst. 2021
Roanoke City Speed Crash Statistics
2019 Fatal Crashes - Calendar Year
Street Cross Street Count
PLANTATION RD WEBB RD I
I OTH ST I
IIARRISON AVE MOORMAN AVE 1
Mainline crash locations not included in table 0
Intersection crash locations not included in table 0
2019 Serious Injury Crashes - Calendar Year
Street
Cross Street Count
ORANGE AVE
1
ELM AVE
4TH ST I
ORANGE ,AVE
WILLIAMSON RD 1
1.581
I
HERSHBFRGER RD
I
BRANDON AVE
I
EDGEWOOD ST
1
LOUDON AVE
12TH ST 1
PATTERSON AVE
9TH ST 1
MELROSE AVE
WESTSIDE BLVD 1
1
Mainline crash locations not included in table 4
SALEM AVE I
Intersection crash locations not included In table- 0
2020 Fatal Crashes - Calendar ti ear
Street Cross Street Count
FRONTAGE RD
I
LOUDON AVE
17TH ST 1
ORANGE AVE
LYNN BRAE DR 1
1 -581
1
FRANKLIN RD
HUNTING HILLS DR I
Mainline crash locations not included in table: 0
Intersection crash locations not included in table: 0
2020 Serious Injury Crashes - Calendar fear
Street
Cross Street Count
WILLIAMSON RD
2
MELROSE AVE
13TH ST 2
ORANGE AVE
1
BOULEVARD ST
SALEM AVE I
5TH ST
MOUNTAIN AVE I
MELROSE AVE
I
BENNINGTON ST
PIKE LN 1
1 -581 RAMP
1
1 -581
1
BERKLEY AVE
1
Mainline crash locations not included in table. 4
Intersection crash locations not included in table. 2
Locations with equal crash counts are listed in random order in table and single crash locations may not be listed.
page 2 of 2
This report was generated by the Center for Geospatial Information Technology
VF
VIRGINIA TECH
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of September, 2021.
No. 42155- 092021.
A RESOLUTION authorizing the acceptance of the Department of Motor Vehicles Traffic
Safety (Selective Enforcement — Pedestrian/Bicycle) Grant and authorizing the execution, and filing
of appropriate documents to obtain such funds.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
The City of Roanoke hereby accepts the Department of Motor Vehicles Traffic Safety
(Selective Enforcement — Pedestrian/Bicycle) Grant funds in the total amount of $3,840 with a 50%
in -kind local match of $1,920, and a voluntary cash match of $294, as more specifically outlined in
the Agenda Report dated September 20, 2021.
2. The City Manager is hereby authorized to accept, execute, and file on behalf of the
City of Roanoke any and all documents required to obtain such funding. All such documents to be
approved as to form by the City Attorney.
The City Manager is further directed to furnish such additional information as maybe
required in connection with the acceptance of the foregoing funding or with such project.
ATTEST:
City Clerk.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
1' X The 20th day of September, 2021.
No. 42156 - 092021.
AN ORDINANCE to appropriate funding from the U.S. Department of
Transportation through the Commonwealth of Virginia Department of Motor Vehicles for
a pedestrian and bicycle traffic safety grant, amending and reordaining certain sections
of the 2021 -2022 Grant Fund Appropriations, and dispensing with the second reading by
title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that the following
sections of the 2021 -2022 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Overtime Wages
FICA
Revenues
DMV Pedestrian /Bike FY22 - Grant
DMV Pedestrian /Bike FY22 - Local
35 -640- 3932 -1003 $ 3,840
35- 640 - 3932 -1120 294
35 -640- 3932 -3939 3,840
35- 640 - 3932 -3942 294
Pursuant to the provisions of Section 12 of the City Charter, the second reading of
this ordinance by title is hereby dispensed with.
ATTEST:
CAUAAA, W
City Clerk.
%.
y
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: September 20, 2021
Subject: 2022 Department of Motor Vehicles ( "DMV ") Traffic Safety (Selective
Enforcement - Pedestrian /Bicycle) 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 Roanoke Police Department regularly applies
for grant funding under this program.
The Roanoke Police Department has been awarded $3,840 in funding to be used for
traffic enforcement targeting drivers who are disregarding pedestrian and bicycle
safety. This funding will allow the Roanoke Police Department to fund overtime traffic
enforcement. There is a required 50% in -kind match of $1,920 associated with this
award that will be satisfied through the Police Department's expenditure on motor fuel
and vehicle operation. The grant specifically prohibits using Federal Insurance
Contributions Act ( "FICA ") payments, related to overtime, as matching funds; therefore,
this related necessary expense will be included as a voluntary cash match of $294.
Recommended Action:
Accept the 2022 DMV Traffic Safety (Selective Enforcement - Pedestrian Bicycle Safety)
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 $4,134 consisting of $3,840 in grant revent
match to be transferred from the grant match account
same_aw,oT account to be established by the
nt nd.
(F.
- - - -- - - - - - - - --
S. Cowell, Jr.
City Manager
ie and $294 in a voluntary cash
and appropriate funding in the
Director of Finance in the Grant
Distribution: Council Appointed Officers
Clarence G. Grier, Deputy City Manager for Operations
Amelia C. Merchant, Director of Finance
Samuel Roman, jr., Chief of Police
7www dm�Npft1. com
Virginia Department of Motor Vehicles HIGHWAY SAFETY GRANT AGREEMENT
Poet Office Box 27412
Richmond Virginia 2269 -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 and
date 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
"Denartment "1. 2qrnl West Rrnari .ctra mt Rirhmnnel yirninin 9Z97n 4 *tie it lln..,r...,•
Subrecipient: Roanoke City
Federal Award Identification Number (FAIN):
69A37520300004020VA0
Project Title: Selective Enforcement - Pedestrian /Bicycle
Project Number: FPS -2022- 52149 -22149
Assistance Listing Number (ALN): 20.600
Grant Award Amount: $ 3,840.00
ALN Name: State and Community Highway Safety
�edc -(,W I,- irr?rJS C)CJ1r "8tc --I s 3.84r ,,Q
Total Fc,k fal Fu xis Obji 8't:ti: 5 3 84C).100
Period of Performance:
Source of funds obligated to this award:
From October 1, 2021, 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, 2022. Allow 21 days for
the Department to complete its review and signature. FINAL
Date of Award Letter from NHTSA: September 30, 2021
VOUCHER IS DUE ON OR BEFORE NOVEMBER 5, 2022.
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 referred to
as "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.
SIGNATURES OF AUTHORIZED APPROVING OFFICIALS
For Subrecipient:
Name and Title of Project Director (print)
Signature Date
Subrecipient's UEI Number _
Does your locality/legal entity expend $750,000 or more annually
in total federal funds? (check one) ____„Yes .__No
Name and Title of Authorized Approving Official (print)
Signature Date
For Virvinia Department of Motor Vehicles:
John Saunders
Director, Virginia Highway Safety Office (print)
Signature
Date
458MY
FPS -2021- 52149 - 22149 - Roanoke City
Category Line Item Desc
Personnel 120 SE OT hours @ approx. $32 per hour
Matching Funds Fuel and vehicle maintenance
Department of Motor Vehicles
Grant Budget Lines
PM: Steven Williams
Project Director Initials
Individual
Total
Qty Cost
Cost
120 32.00
3,840.00
1 1,920.00
1,920.00
Total:
5,760.00
Date Run: 12-JUL -2021
Date
Fed Fund
Matching;
Amount
Funds
3.840.00
0.00
0.00
1,920.00
3AM.00
1,920.00
TSS 012F-PS (07/01/2021)
Page 3
Subrecipient Name; Project #:
STATEMENT OF WORK AND SPECIAL CONDITIONS
1. Goals and Specific Program Elements. The goals and specific program elements of the subrecipient's proposal
are incorporated as the first item in this Statement of Work and Special Conditions.
a. List Specific Program Elements:
For October 1, 2021 through December 31, 2021
Estimated number of overtime hours to be used
Estimated number of overtime individual/saturation patrols
For January 1, 2022 through March 31, 2022
Estimated number of overtime hours to be used
Estimated number of overtime individual /saturation patrols
For April 1, 2022 through June 30, 2022
Estimated number of overtime hours to be used
Estimated number of overtime individual/saturation patrols
For July 1, 2022 through September 30, 2022
Estimated number of overtime hours to be used
Estimated number of overtime individual/saturation patrols
b. To conduct a minimum saturation/individual patrols during the mandatory national Click It or Ticket
Mobilization period in November 2021 and May 2022. Mobilization data must be entered into TREDS (Traffic
Records Electronic Data System).
c. To conduct a minimum of saturation patrols for the mandatory Checkpoint Strikeforce Mobilization
periods in December 2021 and August 2022. Mobilization data must be entered into TREDS.
d. To have (number) sworn officers attend (number) DMV approved traff ic safety related training
events (e.g., Virginia Highway Safety Summit, Small Agency Symposium).
Project Director
Initial Date
TSS 012F -PS (07/0112021)
Page 3.1
Subrecipient Name:
Project #
2. The subrecipient must contribute to the overall State Highway Safety Plan goals.
a. PEDESTRIAN SAFETY
STATEWIDE GOAL: Reduce pedestrian fatalities by 3 percent from 118 to 115 by December 31, 2022.
AGENCY GOAL:
(-',To reduce pedestrian fatalities from (CY2020) to and reduce serious pedestrian
injuries from __ (CY2020) to _ by December 31, 2022.
BASED ON PEDESTRIAN CRASH DATA (using crash data from VAHSO or other approved local crash
information):
percent of pedestrian safety related selective enforcement activities are to be conducted
between the hours of
with special emphasis on the following days of the week:
The remaining percent of selective enforcement hours may be scheduled during other
approved identified high -crash time periods.
b. BICYCLE SAFETY
STATEWIDE GOAL: Reduce bicyclist fatalities by 9 percent from 11 to 10 by December 31, 2022.
AGENCY GOAL:
❑To reduce bicyclist fatalities from _^ (CY2020) to and reduce serious bicyclist injuries
from (CY2020) to by December 31, 2022.
BASED ON BICYCLE CRASH DATA (using crash data from VAHSO or other approved local crash
information):
percent of bicycle safety related selective enforcement activities are to be conducted
between the hours of _
with special emphasis on the following days of the week:
The remaining percent of selective enforcement hours may be scheduled during other
approved identified high -crash time periods.
c. Enforcement is to be conducted using data - identified problem locations.
d. Grant - funded equipment must be ordered by December 31, 2021 and put in service by March 31, 2022.
e. Reimbursement vouchers will be submitted monthly or quarterly. Only check one option and
this option will be effective for the entire FY2022 grant year.
f. To assist with educational highway safety messaging with posting at least highway safety message(s)
per quarter on agency social media platform or agency website.
g. Subrecipient must submit a completed monitoring report (TSS 14 -A) to their DMV Project Monitor by specific
assigned dates.
h. Subrecipient must attend all mandatory DMV grant - related trainings.
i. Zero tolerance (no warnings) for alcohol, speed or seat belt violators during grant - funded overtime.
Project Director
Initial Date
TSS 0128 (07101/2021)
Page 4
HIGHWAY SAFETY GRANT AGREEMENT
GENERAL TERMS AND CONDITIONS
Purpose and Background. The Virginia Department of Motor Vehicles ( "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 U.S.C. (United
States Code), Chapter 4: Highway Safety and 23 U.S.C. 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;
S. 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.
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 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
entity must be agreed upon by the Department and Subrecipient and approved by NHTSA and the
Project Director's Initials Date
TSS 0126 (07/01/2021)
Page 5
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 Subrecipient's progress in fulfilling items listed in the
Statement of Work and Special Conditions, including funded elements of 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 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 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 Subrecipient to any third party is strictly prohibited and may be grounds for the
termination of this Grant Agreement by the Department.
5. Single Audit. A Subrecipient expending $750,000 or more in Federal awards (single or multiple
awards) in a year is 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 no later than nine months after Subrecipient's fiscal year end date
unless a Federal extension is granted. If an extension is granted, the due date will be extended
based on the information provided in the Federal language. Subrecipient is encouraged to submit
their audit report to the Federal Audit Clearinghouse (FAC) at http: / /harvester.census.aov /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, Subrecipient will be responsible
for repayment to the Department of such unallowable expenditures.
6. Closeout. Subrecipient is 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 Date
TSS 012B (07/01/2021)
Page 6
Article 1. COMPLIANCE WITH LAWS
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
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); 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, 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 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 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 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.
C. All payments will be made in accordance with the terms of the Grant Agreement.
Project Director's Initials Date
TSS 012B (07101/2021)
Page 7
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 have been 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. Reimbursement
is available only for costs that have been paid by Subrecipient. Under no circumstance will the
Department provide up -front payments for costs not incurred and paid by Subrecipient.
Costs related to contractual fees require additional documentation in order to be eligible for
reimbursement. Subrecipient must submit a copy of each contract, memorandum of
understanding /agreement, rentalAease agreement prior to implementing the contract activity and
allow sufficient time (minimum of three (3) weeks) for review and approval to ensure that services
and products being provided are allowable expenses 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 project.
F. Payment of costs incurred under the Grant Agreement is further governed by 2 CFR Part 200 and
2 CFR Part 1201.
G. For nonprofit organizations, Subrecipient must provide the most recent Form 990 (Return of
Organization Exempt for Income Tax) submitted to IRS. Subrecipient must provide
documentation of yearly salary or hourly pay and any other compensation, including fringe
benefits, for each employee/position for which Subrecipient seeks reimbursement.
Documentation of pay must be provided through a certified letter from the organization's Board
Chair or President. Form 990 and the certified letter must be submitted with Subrecipient's
signed Grant Agreement. Requests for compensation for pay raises, bonuses, and staff changes
must be made in writing via email to the Department. The Department will review such requests
and determine approval for reimbursement. The Department reserves the right to deny increased
reimbursement for raises, bonuses, and staff changes.
H. Subrecipient may request an Indirect Cost Rate for grants that are not enforcement related.
Subrecipient must submit a copy of their Federally negotiated indirect cost rate. A non - federal
Subrecipient that does not have a current Federally negotiated indirect cost rate, may submit a
letter requesting a de minimis indirect cost rate of 10% of modified total direct costs which may be
used indefinitely (2 CFR § 200.414(o). 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.
I. 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 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 Subrecipient must keep documentation
related to matching funds In the project file.
J. 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. 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
Project Director's Initials Date
TSS 012B (07/01/2021)
Page 8
shall no longer be available to Subrecipient. In no case shall Subrecipient be reimbursed for
expenses incurred prior to the beginning or after the end of the Grant Period.
K. 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.
L. 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, Subrecipient may apply for funding
assistance beyond the initial Grant Period. Preference for funding will be given to those projects
for which 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.
M. 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, 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 Subrecipient, giving notice of intent to terminate the Grant
Agreement, as specified in Article 12, 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 Subrecipients 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
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 12, Termination.
Article 6. ADDITIONAL WORK AND CHANGES IN WORK
If Subrecipient is of the opinion that any assigned work is beyond the scope of the Grant Agreement and
constitutes additional work, Subrecipient shall promptly notify the Department in writing. If the
Department finds that such work does constitute additional work, the Department shall so advise
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 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, Subrecipient shall make such
Project Director's Initials Date
TSS 0128 (0710112021)
Page 9
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 Subrecipient submits work that does not comply with the terms of the Grant Agreement, the Department
shall instruct 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.
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 Subrecipient or any costs incurred by
Subrecipient relating to additional work not directly associated with or prior to the execution of an
amendment.
Article 7. REPORTING AND NOTIFICATIONS
Subrecipient 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.
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 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 S. RECORDS
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. 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 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 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. CONFIDENTIALITY
Distribution of privileged information, as described at Va. Code § 46.2 -208, to any third party is prohibited
unless specifically provided for in this Agreement. If dissemination to a third party is allowed,
Subrecipient shall only disseminate privileged information to third parties subject to the original purpose
specified in this Agreement and consistent with Title 46.2 of the Code of Virginia. If Subrecipient is a
federal, state, or local governmental entity, local government group self - insurance pool, law- enforcement
officer, attorney for the Commonwealth, or court, or the authorized agent of any of the foregoing,
Subrecipient certifies, by execution of this Agreement, that the information obtained will not be used for
Project Director's Initials Date
TSS 012E (07/01/2021)
Page 10
civil immigration purposes or knowingly disseminated to any third party for any purpose related to civil
immigration enforcement.
Article 10. INDEMNIFICATION
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
Subrecipient, its officers, agents or employees. 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 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 11. DISPUTES AND REMEDIES
Subrecipient shall be responsible for the settlement of all contractual and administrative issues arising out
of procurement made by 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.
Article 12. SUSPENSION OR TERMINATION
The Department may suspend or terminate the Grant Agreement, in whole or in part, for cause if
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
suspension or termination rights that the Department may have under State or Federal laws, regulations
or policies.
The Grant Agreement shall remain in effect until Subrecipient has satisfactorily completed all services
and obligations described herein and these have been accepted by the Department, unless:
A. The Department suspends or terminates the Grant Agreement for cause and informs
Subrecipient that the project is suspended or terminated immediately; or
B. The Department determines that the performance of the project is not in the best interest of the
Department and informs Subrecipient that the project is suspended or terminated immediately; or
C. The Grant Agreement is suspended or terminated in writing with the mutual consent of both
parties; or
D. There is a written thirty (30) day notice to suspend or terminate by either party.
The Department shall compensate 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. Subrecipient shall not incur nor be reimbursed for any
new obligations after the effective date of termination.
Article 13. 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 Subrecipient desires to subcontract part of the work
specified in the Grant Agreement, 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.
Project Director's Initials Date
TSS 012B (07/01/2021)
Page 11
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, 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 14. NONCOLLUSION
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 16. SUBRECIPIENrS RESOURCES
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. Subrecipient further certifies that it has the financial resources
required to satisfy incurred costs whether or not such costs are eligible for subsequent reimbursement.
All employees of Subrecipient shall have such knowledge and experience as will enable them to perform
the duties assigned to them. Any employee of 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.
Unless otherwise specified, Subrecipient shall furnish all equipment, materials, supplies, and other
resources required to perform the work.
Article 16. SUBRECIPIENT SEAT BELT USE
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 Subrecipient, including police
vehicles.
Article 17. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE
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 18. PROCUREMENT AND PROPERTY MANAGEMENT
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 stricter requirements than the Federal standards.
Article 19. 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,
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.
Project Director's Initials Date
TSS 012B (07/01/2021)
Page 12
Article 20. RESEARCH ON HUMAN SUBJECTS
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 21. ASSIGNMENT
The Grant Agreement shall not be assignable by Subrecipient in whole or in part without the written
consent of the Department.
Article 22. NONDISCRIMINATION
A. 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 of 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);
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 of 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 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 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 - 74100).
Project Director's Initials Date
TSS 012B (07101/2021)
Page 13
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:
"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 Subrecipient has been cited for noncompliance with these laws,
regulations or policies, Subrecipient will not be eligible to receive funding.
Article 23. DRUG -FREE WORKPLACE
Subrecipient certifies that it will provide a drug -free workplace in accordance with the requirements of the
Drug -Free Workplace Act of 1988 (41 U.S.C. 8103 – Federal grant recipients).
Article 24. BUY AMERICA ACT
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
Project Director's Initials Date
TSS 012B (07/01/2021)
Page 14
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 U.S.C. 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.
Article 25. 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. 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, 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. 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 subagreement. 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 26. DEBARMENT AND SUSPENSION
A. 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 participating in 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 -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 -year period preceding this Grant Agreement, had one or more
Federal, State, or local transactions terminated for cause or default.
Project Director's Initials Date
TSS 0128 (07/01/2021)
Page 15
B. Where Subrecipient is unable to certify to any of the statements in this Article, such Subrecipient
shall attach an explanation to the Grant Agreement,
C. 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 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. 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. Subrecipient shall provide immediate written notice to the Department if at any time Subrecipient
learns that its certification was erroneous when submitted or has become erroneous by reason of
changed circumstances.
F. Subrecipient agrees to comply with the requirements of 2 CFR Parts 180 and 1200.
Article 27. POLITICAL ACTIVITY (HATCH ACT)
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 28. FEDERAL LOBBYING CERTIFICATION
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 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 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. Subrecipient shall require that the language of this certification be included in the award
documents for all sub - awards (including subcontracts, subgrants, 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.
Project Director's Initials Date
TSS 0128 (07101/2021)
Page 16
Article 29. 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 websitetwebpage 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
acting for such Subrecipient related to any activity designed to influence legislation or appropriations
pending before the Virginia General Assembly.
Article 30. 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 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 31. ADDITIONAL PROVISIONS
A. Signature Authorized. 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 costs
subsequently reimbursed and 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 Date
Roanoke Region Ataplst- 3021
Roanoke City Pedestrian Crash Statistics
Available Crash Data - Calendar Year 2017 2018 2019 2020
Pedestrian Crashes
29
34
44
42
Pedestrian Fatal Crashes
5
2
2
7
6:00sm - 8:59sm
6:00pm - 8:59pm
Highest Time Period(s)
6:00pm- 8:59pm
9:OOam - 11:592m
Midnight - 2:59arn
6:00pm - 8:59pm
(40 %)
(106 %)
4100%)
(43 %)
Friday
Friday - Thursday
Sunday - Wednesday
Friday
HighestDay(s)
(40 %)
(106 %)
(160 %)
(43 %)
Highest Month(s)
December
April - March
December - February
September
(40%)
(160x)
(100 %)
443 %)
Pedestrian Serious Injury Crashes
3:00pm - 5:59pm
Highest Time Period(s)
Noon- 2:59pm
9:O0pm - 11:59pm
6:00pm - 8 :59pm
6:O0pm - 8:59pm
(40 %)
(36 %)
(60 %)
(40 %)
Highest Day(s)
Monday
Sunday
Friday - Monday
Friday
(40 %)
(40 %)
(40 %)
(so %)
Highest Month(s)
October
August - February
July
April
(40 %)
(40 %)
(30%)
(20 %)
Pedestrian Injury Crashes
24
32
42
35
6:OOpm- 8:59pm
3 :00pm - 5:59pm
Highest Time Period(s)
Noon- 2:59pm
3:00pm - 5:59pm
6:OOpm - 8:59pm
6:O0pm - 8:59pm
450 %)
(23%)
(52%)
431 %)
Highest Day(s)
Monday
Tuesday
Tuesday
Friday
(25%)
(28 %)
(21 %)
(26 %)
Highest Month(s)
October
February
Ma)
February - October
(21%)
(16%)
414%►
(20%)
• Pedesman Fatal Interstate Crashes
• Pedesman Serious Injuq Interstate Crashes
The blue gradtern represents the density of all pedestrian crashes.
• Pedestrian Fatal Non- interstate Crashes
• Pedesman Serious Injury Non - interstate Crashes
page t of 2
D
Wr
V w"... recto
The teponuw aenrraad b, the
Canar for CwvfpalW tarot AwilechrWop
Roanoke Regiau August, 2021
Roanoke City Pedestrian Crash Statistics
2019 Fatal Crashes - Calendar Year
Street Cross Street Count
iTH ST CAMPBELL AVE I
PLANTATION RD WEBB RD 1
Mainline crash locations not included in table 0
Intersection crash locations not included in table- 0
2019 Serious Injury Crashes - Calendar Year
Street Cross Street Count
ORANGE AVE
2
SHENANDOAH AVE
WESTSIDE BLVD 1
ELM AVE
4TH ST 1
BRANDON AVE
I
TAZEWELLAVE
I
9TH ST
MURRAY AVE I
GUS NICKS BLVD
KING ST I
BRIGHTON RD
SUMMIT A V E I
ORANGE. AVE.
16TH ST I
Cross Street Count
Mainline crash locations not Included in table 0
2
Intersection crash locations not Included In table 0
2020 Fatal Crashes - Calendar Year
Street Cross Street Count
WILLIAMSON RD
LACONIA AVE 2
WILLIAMSON RD
COURTNEY AVE I
BRANDON AVE
MALCOLM ST I
SALEM TPKE
CALVARY RD I
HERSHBERGER RD
I
ORANGE AVE
LYNN BRAE DR t
Mainline crash locations not Included in table- 0
Intersection crash locations not Included in table: 0
2020 Serious Injury Crashes - Calendar Vear
Street
Cross Street Count
HERSHBERGER RD
2
WELLER LN
1
ELM AVE
4TH ST 1
MELROSE AVE
COUNTRY CLUB DR I
ORANGE AVE,
I ITH ST 1
ORANGE AVE.
1
OLD VINTON RD
13TH ST I
HUNT AVE
I
TOWNSIDE RD
FRANKLIN RD I
Mainline crash locations not included in table 0
Intersection crash locations not included in table 0
Locations with equal crash counts are listed in random order in table and single crash locations ma} not be listed
page 2 of 2
This report was generated by the Center for Geospatial Information Technology
VIRGINIA'ECH
Reatloke Region
Aatust, 2021
Roanoke City Bicycle Crash Statistics
Available Crash Data - Calendar Year 2017 2018 2019 2020
Bicycle Crashes
4
2
13
7
Bicycle Fatal Crashes
Highest Time Period(s)
No
No
No
No
Bicycle
Bicycle
Bicycle
Bicycle
Highest Day(s)
Fatalities
Fatalities
Fatalities
FA(Alilles
Highest Month(s)
Bicycle Serious Injury Crashes
Midnight - 2:59sm
Highest Time Period(s)
Noon - 2:59pm
(100 %)
i ;s: t fy
HighestDay(s)
�,,�,�s �, ,. _
ti�i „�3�=
Sunday• Thursday
(100%)
Highest Month(s)
September
(teo %)
Bicycle Injury Crashes
4
2
13
7
6:00am - 8:59am
Highest Time Period(s)
Noon- 2:59pm
9:002m - 11:59am
3 :00pm - 5:59pm
Noon - 2:59pm
( " %)
(100 %)
(31%)
(43%)
Highest Da) (s)
Friday - Saturday
Monday • Wednesday
Thursday • Tuesday
Tuesday
(so %)
(100 %l
µ6x)
(43%)
Highest Month(s)
April • December
December - January
August - February
September
(so%)
(100 %)
(46%)
(29x)
• Bicycle Fatal Interstate Crashes
o Bicycle Serous Injury Interstate Crashes
The blue gradient represents the density or all bicycle crashes
o Bicycle Fatal Non - interstate Crashes
• Bicycle Serous Injury Non- interstae Crashes
page I of 2
w
v RG"A TECH
This Rp- xas acoeraMdb Or
cm to, Geospaaal lnronaaaw Teehaolow
u
AuPSL 2421
Roa"ke Reston
Roanoke City Bicycle Crash Statistics
2019 Fatal Crashes - Calendar Year
No fatal crashes occurred.
2019 Serious Injury Crashes - Calendar Year
Street Cross Street Count
2020 Fatal Crashes - Calendar Year
No fatal crashes occurred.
2020 Serious 1 njury Crashes - Calendar fear
No serious injury crashes occurred.
DELAWARE AVE COVE RD 1
MELROSE AVE 30TH ST I
Mainline crash locations not Included In table, 0
Intersection crash locations not Included In table 0
Locations with equal crash counts are listed in random order to table and single crash locations may not be listed.
page 2 of 2
This report was generated by the Center for Geospatial Information Technology
VIRGINIA TECH
Vk
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of September, 2021.
No. 42157 - 092021.
A RESOLUTION authorizing the acceptance of the Shuttered Venue Operators Grant from
the United States Small Business Administration Office of Disaster Assistance and authorizing the
execution, and filing of appropriate documents to obtain such funds.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
The City of Roanoke hereby accepts the Shuttered Venue Operators Grant funds in
the total amount of $1,216,727.55, with no local match required.
2. The City Manager is hereby authorized to accept, execute, and file on behalf of the
City of Roanoke any and all documents required to obtain such funding. All such documents to be
approved as to form by the City Attorney.
3. The City Manager is further directed to furnish such additional information as may be
required in connection with the acceptance of the foregoing funding or with such project.
ATTEST:
City Clerk.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of September, 2021.
No. 42158 - 092021.
AN ORDINANCE to appropriate funding from the Economic Aid to Hard -Hit
Business, Nonprofits, and Venues Act amended by the American Rescue Plan Act,
amending and reordaining certain sections of the 2021 -2022 Grant Fund —
Appropriations, and dispensing with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that the following
sections of the 2021 -2022 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Personal Services
Administrative Supplies
Contractual Services
Program Activities
Revenues
Shuttered Venue Operators Grant (SVOG)
35- 550 - 8672 -1170
$ 450,000
35- 550 - 8672 -2030
100,000
35- 550 - 8672 -8357
76,249
35- 550 - 8672 -2066
590,478
35- 550 - 8672 -8672 1,216,727
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 20, 2021
Subject: Shuttered Venues Operators Grant (SVOG)
Background:
The Shuttered Venue Operators Grant (SVOG) program was established by the
Economic Aid to Hard -Hit Small Businesses, Nonprofits, and Venues Act, and
amended by the American Rescue Plan Act. The program includes over $16 billion
in grants to shuttered venues, to be administered by Small Business Administration
(SBA) Office of Disaster Assistance. The grant is intended to provide support to live
venue operators, promoters, and theatrical producers, live performing arts
organization operators, museum operators and talent representatives in response
to the impacts of COVID -19.
In April of 2020, Berglund Center staff applied for the SVOG. The City of
Roanoke /Berglund Center was awarded $1,216,727.55 on August 4, 2021. The
funds were received on August 24, 2021. The deadline for the project or
performance period to use or incur expenses expires December 31, 2021.
Guidelines for expenditures are strict and are intended to enhance venues and
provide support for reopening.
Recommendations for use of funds are for specific and include:
o Payroll costs
o Rent payments
Utility payments
Scheduled mortgage payments (not including prepayment of principal)
o Scheduled debt payments (not including prepayment of principal on any
indebtedness incurred in the ordinary course of business prior to February
15, 2020)
o Worker protection expenditures
Payments to independent contractors (not to exceed $100,000 in annual
compensation for an individual employee of an independent contractor)
Other ordinary and necessary business expenses, including maintenance
costs
Administrative costs (including fees and licensing)
State and local taxes and fees
Operating leases in effect as of February 15, 2020
o Insurance payments
Advertising, production transportation, and capital expenditures related to
producing a theatrical or live performing arts production. (May not be primary
use of funds)
Considerations:
City Council action is required for the acceptance and appropriation of
Shuttered Venue Operators Grant funds.
Recommended Action:
Accept the Shuttered Venue Operators Grant (SVOG) program from the SBA's Office
of Disaster Assistance as described above and adopt the accompanying budget
ordinance to authorize the Director of Finance to establish a revenue estimate
and appropriate funds for $1,216,727.55 into expenditure accounts in the
Grant Fund.
- -- - -----------------
Rober S. Cowell, fir.
City Manager
Distribution: Council Appointed Officers
Clarence Grier, Deputy City Manager for Operations
W. Brent Robertson, Assistant City Manager for Community Development
Amelia C. Merchant, Director of Finance
Robyn Schon, Director of Civic Facilities
2
C�
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of September, 2021.
No. 42159- 092021.
A RESOLUTION supporting an application and authorizing the City Manager to submit
such application to the Virginia Department of Transportation (VDOT) Revenue Sharing
Program in the amount of $5,000,000 for FY2027 and $5,000,000 for FY2028 for certain
projects; and authorizing the City Manager to take certain actions in connection with such
projects.
WHEREAS, the City of Roanoke desires to submit an application for an allocation of
funds up to $10,000,000 for any funds provided by VDOT for the projects referred to in the City
Council Agenda Report dated September 20, 2021, to this Council, and which will require the
City to provide matching funds of $10,000,000.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City Council hereby supports the application referred to herein and hereby
authorizes the City Manager to submit such application to VDOT for funds from VDOT's
Revenue Sharing Program for FY2027 and FY2028 in the amount of $10,000,000 for the
following projects, as more particularly described and itemized in the City Council Agenda
Report dated September 20, 2021, with such application being approved as to form by the City
Attorney:
a. Curb, gutter, and sidewalk improvements - $3,700,000.
b. Streetscape - $1,000,000.
C. Stormwater /Drainage Improvements - $5,300,000.
The City acknowledges that the required local match is $10,000,000, as more particularly
described in the City Council Agenda Report dated September 20, 2021.
2. The City Manager is further authorized to take such further actions and execute such
further documents, approved as to form by the City Attorney, as may be necessary to submit the
above application and to furnish such additional information as may be required for such
application.
ATTEST:
City Clerk.
•
,°- CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: September 20, 2021
Subject: Authorizing Request for Virginia Department of Transportation
(VDOT) Revenue Sharing Funds (FY 2027 - 2028)
Background:
The Virginia Department of Transportation Revenue Sharing Program is
available to localities for FY 2027 and FY 2028. Due to the COVID19 pandemic,
VDOT has placed a five -year moratorium on the Revenue Sharing program. As such, the
City is applying for FY2027 and FY2028 funding cycle.
The Revenue Sharing Program provides funding up to a maximum amount of $5
million for FY 2027 and $5 million for FY 2028. These funds require matching
funds (50% State / 50% City). The application cycle has changed from annual to
every two years and the maximum amount that can be applied for has been
reduced from $10 million to $5 million for each fiscal year.
Considerations:
For the FY 2027 and FY 2028 Revenue Sharing Program application, the City will
request $10,000,000 from VDOT, which will require a City match of
$10,000,000. Staff identified projects for which to request VDOT Revenue
Sharing Program funds. These projects are:
1. Curb, Gutter, and Sidewalk Improvements - $3,700,000. City match
will be provided by from planned issuance of bonds for the curb,
gutter and sidewalk program.
2. Streetscape - $1,000,000. City match will be provided by using
planned issuance of bonds for streetscape and curb, gutter and
sidewalk program.
3. Stormwater /Drainage Improvements - $5,300,000. City match
funding will be provided from the City's planned capital project funds
for the Neighborhood Storm Drain Program through the planned
issuance of bonds.
Summary Table
Local
State
Curb, Gutter and Sidewalk /Streetsca a Improvements
Campbell Avenue, SE (1611 to 18th Street)
$1,250,000
$1,250,000
Pedestrian Improvements
Grayson Ave & 8th Street, NW Pedestrian
:::$:2,385,000
$2,385,000
Improvements
18th Street, S.E. (Wise to Tazewell) Pedestrian
$1,065,000
$1,065,000
Improvements
Storm water /Draina a Improvements
Shenandoah Avenue Diversion - Drainage
$2,000,000
$2,000,000
Improvement
Main Street - 1400/1 500 Blk Drainage
$1,000,000
$1,000,000
Improvement
West End Drainage Improvement
$550,000
$550,000
Tyree & Tennessee Drainage Im rovement
$430,000
$430,000
Virginia Avenue - 4000 Blk Drainage
$355,000
$355,000
Improvement
Churchill and Grandview Drainage Improvement
$420,000
$20,000
Peakwood Drive - 3600 Blk Drainage
$230,000
$230,000
Improvement
Hunt Avenue - 900 Blk Drainage Improvement
$315,000
$315,000
Total j
$10,000,000
$10,000,000
Recommended Action:
Authorize the City Manager to submit an application to VDOT for VDOT's Local
Assistance Program requesting an aggregate $10,000,000 in Revenue Sharing
funds for FY 2027- 2028 program years.
Authorize the City Manager to take such further actions and execute such
documents, approved as to form by the City Attorney, as necessary to submit
the above application and to furnish such additional information and /or
documents as may be required for such application.
Robert S. Cowell, fir.
City Manager
Distribution: Council Appointed Officers
Clarence Grier, Deputy City Manager
Amelia C. Merchant, Director of Finance
Mark .Jamison, P.E., Director of Public Works
Luke Pugh, P.E., City Engineer
Ian Shaw, P.E. Stormwater Manager
3
01
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of September, 2021.
No. 42160 - 092021.
A RESOLUTION supporting an application and authorizing the City Manager to submit
an application to the Virginia Department of Transportation (VDOT) for FY23 Transportation
Alternatives Program Funds for pedestrian improvements along the west side of Williamson
Road, N.W., between Hawthorne Avenue, N.W., and Woodbury Street, N.W., Roanoke,
Virginia; and authorizing the City Manager to take certain actions in connection with such
Project.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. City Council hereby supports an application to VDOT for $460,000 to support the
pedestrian improvements along the west side of Williamson Road, N.W., between Hawthorne
Avenue, N.W., and Woodbury Street, N.W., there is a required 20% local match of $115,000, all
as more particularly described in the City Council Agenda Report dated September 20, 2021.
2. The City Manager is hereby authorized to submit an application to VDOT for the
above Project to obtain the above funds from the FY23 Transportation Alternatives Program
funds, with such application being approved as to form by the City Attorney.
3. The City Manager is further authorized to take any such further actions and
execute such further documents, approved as to form by the City Attorney, as may be necessary
to submit the above application and to furnish such additional information as may be required for
such application.
ATTEST:
City Clerk.
M- I
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: September 20, 2021
Subject: Authorizing Request for Virginia Department of Transportation
FY23 Transportation Alternatives Program Funds
Background:
The Virginia Department of Transportation (VDOT) Transportation Alternatives (TA)
Program provides funding for programs and projects, including greenways, bicycle,
pedestrian, and transit projects for improving non - driver access to public
transportation and enhanced mobility, community improvement activities, and
environmental mitigation. These funds require a 20% local fund match.
Considerations:
The City proposes pedestrian improvements along the west side of Williamson Rd
NW between Hawthorne Ave NW and Woodbury St NW. Improvements will include
the installation of new sidewalk, pedestrian crosswalks, and accessible curb ramps.
The initial project cost estimate is approximately $575,000, comprised of $460,000
in TA funds and the required 20% local fund match of $115,000.
Recommended Action:
Authorize the City Manager to submit an application to VDOT for VDOT's FY23
Transportation Alternatives program requesting $575,000 for the above - listed
project.
Authorize the City Manager to take such further actions and execute such
documents, approved as to form by the City Attorney, as necessary to submit the
above applications and furnish such additional information and /or documents as
may be require__ d for such application.
Robert S Cowell, Jr.
City Manager
Distribution: Council Appointed Officers
Clarence G. Grier, Deputy City Manager
Amelia Merchant, Director of Finance
Mark D. Jamison, P.E., Director of Public Works
Dwayne R. D'Ardenne, CGM, CPWP -M, Transportation Division Manager
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of September, 2021.
No. 42161 - 092021.
A RESOLUTION authorizing the City Manager to execute a Memorandum of
Understanding ( "MOU ") among the City of Roanoke, World Triathlon Corporation ( "WTC ")
Roanoke Valley Convention and Visitor's Bureau d/b /a Visit Virginia's Blue Ridge ( "VVBR "),
the Counties of Roanoke and Botetourt, and the Town of Vinton, governing the terms, conditions,
and obligations among such parties for the Carilion Clinic Ironman 70.3 Triathlon to be held
throughout the Roanoke Valley on June 5, 2022, and June 4, 2023 , in cooperation with Carilion
Clinic, the main sponsor of the event.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City Council hereby authorizes the City Manager to execute an MOU among
the City of Roanoke, WTC, VVBR, the Counties of Roanoke and Botetourt, and the Town of
Vinton, governing the terms, conditions, and support obligations among such parties for the
Carilion Clinic Ironman 70.3 Triathlon ( "Event "), to be held throughout the Roanoke Valley on
June 5, 2022, and June 4, 2023, in cooperation with Carilion Clinic, the main sponsor of the Event,
all as more fully set forth in the City Attorney Letter dated September 20, 2021.
2. VVBR has agreed to provide support for the Event consisting of limited financial
support, staff housing and facilitation services, in consideration for WTC selecting the Roanoke
Valley as the location for the Event.
3. The City Manager is authorized to execute on behalf of the City, in a form approved
by the City Attorney, the aforementioned MOU, such MOU to be substantially similar to the MOU
attached to the above mentioned Agenda Letter.
4. The City Manager is further authorized to take such further actions and execute
such further documents, approved as to form by the City Attorney, as may be necessary and to
effect the intent of the MOU.
ATTEST:
City Clerk.
Timothy R. Spencer
City Attorney
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 20, 2021
The Honorable Sherman P. Lea, Sr., Mayor
and Members of City Council
Roanoke, Virginia
David L. Collins
Laura M. Carini
Douglas P. Barber, Jr.
Kelsey M. Martin
Jennifer L. Crook
Assistant City Attorneys
Re: Authorize Execution of a Memorandum of Understanding Among World Triathlon
Corporation, Roanoke Valley Convention and Visitor's Bureau, Counties of Roanoke and
Botetourt, and Town of Vinton for 2022 and 2023 Ironman 70.3 Triathlon Events
Mayor Lea and Members of Council:
The Ironman 70.3 is a series of global triathlon events owned and organized by World Triathlon
Corporation ( "WTC "), that consist of a total of 70.3 miles covered by athletes in courses consisting of
swimming, running, and bicycling. WTC selected the Roanoke Valley for the location of the 2020 Carilion
Clinic Ironman 70.3 (the "Event ") held on June 6, 2021, in cooperation with Carilion Clinic, the main
sponsor of the Event, and the Roanoke Valley Convention and Visitor's Bureau d/b /a Visit Virginia's Blue
Ridge ( "VVBR "). By Resolution No. 41994 - 021621, adopted by Roanoke City Council on February 16,
2021, the City Manager was authorized to enter into a Memorandum of Understanding ( "MOU ") with
WTC, and the Counties of Roanoke and Botetourt, and the Town of Vinton, being the other localities that
participated in the Event (the "Participating Localities ") that governed the obligations of such parties with
respect to the Event. Approximately 2,500 athletes and guests visited the Roanoke Valley for the 2021
Event, generating millions in revenue by businesses.
As a result of the success of the 2021 Event, WTC and VVBR desire to hold subsequent Ironman 70.3
events in the Roanoke Valley on June 5, 2022, and June 4, 2023. WTC and VVBR have requested that the
City of Roanoke and the Participating Localities enter into another MOU governing the terms, conditions,
and obligations of such parties for the 2022 Event and 2023 Event. The courses of the 2022 Event and 2023
Event will take place in the City of Roanoke and the Participating Localities. As with the 2021 Event,
VVBR has agreed to provide limited financial support, staff housing and facilitation services, in
consideration for WTC selecting the Roanoke Valley as the location for the Event for these years.
WTC and VVBR have requested the City and each of the Participating Localities provide additional support
for the Event to include (1) assistance in the selection of an appropriate route for the courses, (2) providing
WTC and VVBR a list of property owners located adjacent to the Event courses, (3) providing police
assistance and assistance with road closures, and traffic and crowd control, (4) providing emergency
services for police and firefighting services, (5) providing assistance with securing parks and other locations
for storing materials and equipment used in connection with the Event, and (6) providing such other
assistance that is reasonably necessary to facilitate the Event in each Participating Locality.
The Participating Localities desire to provide such assistance for the June 5, 2022 Event and June 4, 2023
Event, and the parties have agreed upon the terms and conditions governing their respective obligations
among each other which are reflected in the MOU attached to this letter. Under the MOU, WTC is required
to reimburse each of the Participating Localities for any direct out -of- pocket costs reasonably incurred by
the Participating Localities in providing support services associated with such events, and both VVBR and
WTC are required to indemnify and hold the Participating Localities harmless for any breach of the MOU,
or negligent act or omissions committed by them or their agents employees or servants.
Therefore, I recommend that City Council authorize the City Manager to execute the proposed MOU
attached to this letter. The June 5, 2022 Event and June 4, 2023 Event are expected to bring several
thousands of participants, spectators, and businesses to the City of Roanoke and will provide positive
exposure for the City of Roanoke and greater Roanoke Valley at large. Additionally, the Event will generate
business for hotels, restaurants, and other businesses in the service and hospitality industries located in the
City of Roanoke.
Sincerely,
i
Ti y . pencer
ity ttorney
Enclosure
c: Robert S. Cowell, Jr., City Manager
Clarence Grier, Deputy City Manager
Amelia Merchant, Director of Finance
Cecelia F. McCoy, City Clerk
David L. Collins, Assistant City Attorney
MEMORANDUM OF UNDERSTANDING AMONG CITY OF ROANOKE, TOWN OF
VINTON, COUNTY OF ROANOKE, COUNTY OF BOTETOURT, WORLD TRIATHLON
CORPORATION, AND ROANOKE VALLEY CONVENTION AND VISITORS BUREAU
REGARDING
2022 & 2023 IRONMAN 70.3 RACE SUPPORT SERVICES
This Memorandum of Understanding ( "Agreement ") is made and entered into by
and among the City of Roanoke, ( "Roanoke City "); the Town of Vinton, ( "Vinton "); the
County of Roanoke, ( "Roanoke County "); and the County of Botetourt, ( "Botetourt "),
each of which is a political subdivision or municipality of the Commonwealth of Virginia,
(the "Participating Localities "), World Triathlon Corporation, a Florida corporation d /b /a
IRONMAN ( "WTC "), and Roanoke Valley Convention and Visitors Bureau D /B /A Visit
Virginia's Blue Ridge, a Virginia nonstock corporation ("VVBR").
SECTION 1. BACKGROUND:
World Triathlon Corporation, a Florida Corporation ( "WTC ") and its subsidiaries
own and operate IRONMAN 70.3 — branded events. VVBR has entered into an agreement
with WTC for WTC to conduct an IRONMAN 70.3 triathlon annually within the
geographical boundaries of the Participating Localities; VVBR has agreed to provide
limited financial support, WTC staff housing, and facilitation services for the triathlon in
exchange for WTC's selecting Virginia's Blue Ridge as the destination venue, all as more
particularly set forth in such agreement. VVBR's agreement with WTC shall in no way
obviate or supersede WTC's obligations to obtain requisite permits and licenses within
each Participating Locality.
WTC and VVBR have requested the Participating Localities' assistance with the
provision of support services for the triathlon events, and the Participating Localities are
{2869611 -1, 077947- 00001 -011 Page 1 of 18
willing to provide such services. The purpose of this Agreement is to set forth the parties'
responsibilities as they pertain to the support services to be provided by the Participating
Localities for the 2022 and 2023 triathlon events (collectively, the "Event "), to be held in
Virginia's Blue Ridge on June 5, 2022 and June 4, 2023, respectively.
SECTION 2. TERMS:
A. VVBR's Responsibilities:
1. Assign a staff member to serve as the point person to represent the
Participating Localities in all matters regarding the Event. Such VVBR point
person shall not have the authority to bind the Participating Localities
without their express, written consent thereto.
2. Provide copies of all non - privileged or otherwise proprietary documentation,
agreements, and other writings, whether in electronic format or otherwise,
in VVBR's possession, concerning the Event that is reasonably requested
by the Participating Localities.
3. Serve as coordinator between WTC and the Participating Localities' Police
Departments, Fire and Rescue Departments, Parks and Recreation
Departments, and administrative officials (i.e. City, County, and Town
Managers and their designees) in all appropriate future Event planning.
This includes and is not limited to, providing the Participating Localities
reasonable advance notice of relevant meetings, being copied on relevant
correspondence between VVBR and WTC concerning the Event, and being
invited to participate in relevant conference calls concerning the Event.
{2869611 -1, 077947 - 00001 -01} Page 2 of 18
4. VVBR agrees that it will not commit or otherwise pledge any specific
resources or assistance from any of the Participating Localities to the Event
without the prior express, written approval of the Participating Locality.
5. VVBR shall indemnify, protect, defend and hold harmless WTC and the
Participating Localities, and each of their respective shareholders, affiliates,
directors, officers, employees, contractors, subcontractors, volunteers,
representatives, and agents from and against any and all claims, liabilities,
losses, damages, injuries, demands, actions, causes of action, suits,
proceedings, judgments, and expenses, including without limitation,
attorneys' fees, court costs, and other legal expenses, arising out of, directly
or indirectly, or in connection with: (i) any breach or alleged breach of any
provision of this Agreement by VVBR or any representation or warranty
made by the VVBR herein; or (ii) any negligent act or omission to act by
VVBR, or any of its employees, servants, or agents. The obligations herein
shall in full force and effect and shall survive the Termination Date of this
Agreement.
B. WTC's Responsibilities:
1. WTC shall apply for and obtain a special event permit from each of the
Participating Localities ( "Special Event Permit "), if required by applicable
law.
2. WTC agrees that each Participating Locality will not be required to provide
support services outside of the borders of their respective locality, unless
approved by each respective Participating Locality.
(2869611 -1, 077947- 00001 -01) Page 3 of 18
3. WTC shall, throughout the Term, obtain and maintain its own
comprehensive general liability insurance, workers' compensation and
automobile liability insurance for the Event from an insurance company
rated A or better by Moody's or AM Best for, without limitation, any and all
claims of bodily injury, death, property damage, and advertising liability, and
any and all litigation, mediation and settlement costs, related to any claims
for or by any Event participants, volunteers, referees, officials,
scorekeepers, spectators, sponsors, and staff with a minimum combined
single limit equal to but not less than two million U.S. dollars
($2,000,000.00) per occurrence for any one incident or accident, and not
less than five million U.S. dollars ($5,000,000.00) in aggregate, statutory
limits for workers' compensation coverage which limits may be satisfied with
any combination of primary and excess coverage; provided, that, any such
excess coverage follows form of the primary coverage. WTC shall cause
the Participating Localities -to be named as additional insureds under the
required insurance policies, by endorsement, in connection with the Event.
The insurance provider's certificate evidencing the foregoing required
insurance must be provided to- Participating Localities at least thirty (30)
days prior to the date of the Event.
4. WTC shall indemnify, protect, defend and hold harmless VVBR and the
Participating Localities, and each of their respective shareholders, affiliates,
directors, officers, employees, contractors, subcontractors, volunteers,
representatives, and agents from and against any and all claims, liabilities,
{2869611 -1, 077947- 00001 -011 Page 4 of 18
losses, damages, injuries, demands, actions, causes of action, suits,
proceedings, judgments, and expenses, including without limitation,
attorneys' fees, court costs, and other legal expenses, arising out of, directly
or indirectly, or in connection with: (i) any breach or alleged breach of any
provision of this Agreement by WTC or any representation or warranty
made by WTC herein; or (ii) any negligent act or omission to act by WTC ,
or any of its employees, servants, agents or assigns.
5. WTC agrees that it will not commit or otherwise pledge any specific
resources or assistance from any of the Participating Localities to the Event
without the prior express, written approval of the Participating Locality.
6. WTC agrees that any route for the Event located within the Participating
Localities' jurisdictions are selected by the Participating Localities in
consultation with WTC, and that such land is used in its AS IS condition.
WTC acknowledges that the Participating Localities make no warranties or
representations regarding the suitability of the land for the Event. WTC
acknowledges that the Participating Localities prefer and prioritize the use
of the Blue Ridge Parkway for the route. WTC acknowledges if the Blue
Ridge Parkway is not available for the route, WTC and the Participating
Localities will work to select an alternate route agreed to by all parties, which
agreement will not be unreasonably be denied, delayed, or conditioned by
any party.
7. WTC will reimburse the Participating Localities for any direct out -of- pocket
costs reasonably incurred in the provision of support services associated
{2869611 -1, 077947- 00001 -01} Page 5 of 18
with the Event, provided, however, that any such costs and rates must be
itemized and pre- approved in writing by WTC. For purposes of this
subsection, electronic mail shall constitute requisite approval. For purposes
of this Agreement, support services shall include, but not be limited to, EMS,
fire, police, and such other services requested in writing by WTC from the
Participating Localities to conduct the Event and itemized estimates of all
such costs shall be provided to WTC within fourteen (14) days after its
request for such support services or as soon thereafter as such estimates
may be reasonably calculated and provided. The reimbursement described
in this Section shall be paid by WTC within thirty (30) days after the later of
(a) the Event or (b) the date WTC has been provided with itemized invoices
for such reimbursement costs.
C. The Participating Localities' Responsibilities:
With the respect to the Event, and at no cost to WTC (unless otherwise expressly
stated below), Participating Localities shall, as the case may be, do, obtain, or
provide (or cause to do, obtain, or provide) the following:
1. Assist in selection of an appropriate route for the triathlon; provided,
however, the final route for the triathlon must be agreed to by all parties,
which agreement will not unreasonably be denied, delayed or conditioned.
2. Once a route has been agreed upon by all parties, the Participating
Localities will each create a list of landowners who own property adjacent
and surrounding the route and shall provide such publicly available
information to WTC and VVBR, which information may be used by WTC to
(2869611 -1, 077947- 00001 -01} Page 6 of 18
notify the property owners of the Event, at WTC sole cost, through WTC's
Traffic Impact Notice program.
3. Provide police assistance (with matters such as road closures and traffic
and crowd control) through the Participating Localities' Police or Sheriff's
Departments, where applicable. Prior to the Event WTC and the
Participating Localities' will use best efforts to mutually agree upon the
scope of services and the rates to be paid by WTC (not to exceed the
Participating Localities' standard rates) for the police assistance to be
provided by the Localities' law enforcement personnel, including the
localities' standard overtime rates where applicable. The Participating
Localities' law enforcement personnel shall assist in providing assistance
with road closures and traffic and crowd control, and as may further be
provided in each of the Participating Localities' special events permits. All
road closures shall be subject to approval by the Participating Localities'
governing bodies, where applicable. As stated above in Section 2.13.2, law
enforcement personnel will be assigned to provide assistance under this
Section within their respective home jurisdictions unless otherwise agreed
by the Participating Locality.
4. Provide emergency services for police and firefighting services through the
Participating Localities' Police, Fire, and Rescue Departments, and as may
further be provided in each of the Participating Localities' Special Events
Permits.
{2869611 -1, 077947- 00001 -011 Page 7 of 18
5. Provide reasonable assistance to WTC in securing any necessary parks
and other locations within each Participating Localities' jurisdiction for the
purpose of storing materials and related equipment in connection with the
Event.
6. Provide various reasonable resource needs to WTC associated with the
Participating Localities' Parks and Recreation Departments.
7. The parties acknowledge that there may be additional responsibilities and
obligations of the Participating Localities that are unique and specific to
each Participating Locality that are not included herein, which may be
included in the Special Event Permit WTC will be required to have with each
Participating Locality. These additional terms will be discussed by the
Participating Localities with WTC and VVBR closer to the Event as part of
the planning process.
SECTION 3. TERMINATION:
Each of the Participating Localities reserves the right to withdraw their support, and
cancel their participation in the agreement, prior to the Event, at any time, if WTC fails to
submit information required to obtain a Special Event Permit or otherwise fails to
reasonably fulfill any of its responsibilities, as set forth in Section 2B of this Agreement,
after notice to WTC and providing WTC with thirty (30) days from the date of WTC's
receipt of written notice to cure such breach, which breach shall be described in detail in
such notice.
SECTION 4. MODIFICATION:
{2869611 -1, 077947- 00001 -01} Page 8 of 18
This Agreement may only be modified in writing from time to time as deemed
mutually desirable and acceptable to all parties, except the contact information, which
may be modified as provided in Section 5.
SECTION 5. NOTICE:
Any notice, statement, or demand required or permitted to be given hereunder by
either party to the other shall be in writing and shall be given personally or by courier, by
overnight delivery service, by certified mail, return receipt requested, postage prepaid, or
by confirmed (either machine or personal) facsimile transmission, addressed to the
recipient as follows:
Notices to Roanoke City shall be addressed as follows:
Robert S. Cowell, Jr.
Roanoke City Manager
Noel C. Taylor Municipal Building, Suite 364
215 Church Avenue, SW
Roanoke, VA 24011
Telephone: 540 - 853 -8333
Email: bob.cowell @roanokeva.gov
Notices to Roanoke County shall be addressed as follows:
Daniel R. O'Donnell
Roanoke County Administrator
5204 Bernard Drive, Suite 402
Roanoke, VA 24018
Telephone: 540 - 772 -2017
Email: dodonnell @roanokecountyva.gov
Notices to Vinton shall be addressed as follows:
Richard Peters
Town Manager
311 S. Pollard St.
Vinton, VA 24179
Telephone: 540 - 983 -0607
Email: rpeters @vintonva.gov
Notices to Botetourt County shall be addressed as follows:
Gary P. Larrowe
{2869611 -1, 077947- 00001 -011 Page 9 of 18
County Administrator
57 South Center Dr., Ste. 200
Daleville, VA 24083
Telephone: 540 - 928 -2006
Email: glarrowe @botetourtva.gov
Notices to VVBR shall be addressed as follows:
Landon C. Howard
President
101 Shenandoah Avenue NE
Roanoke, VA 24016
Telephone: 540 - 342 -6025
Email: Ihoward @visitvbr.com
Notices to WTC shall be addressed as follows:
Attn: Chief Legal Officer
3407 W. Dr. Martin Luther King Jr. Blvd, Suite 100
Tampa, FL 33607
Telephone: 813- 868 -5940
Email: legal @ironman.com
A party may modify its own contact information set forth in this section by giving notice
to the other parties at the addresses set forth in this section.
SECTION 6. EFFECTIVE DATE AND TERMINATION:
This Agreement shall become effective as of the date when all parties have signed
it, and shall remain in effect until the date that is thirty (30) days after 2023 Event, unless
this Agreement is sooner terminated in accordance with the terms of this Agreement (the
"Term ")
SECTION 7. GOVERNING LAW; VENUE:
This Agreement shall be governed in accordance with the laws of the
Commonwealth of Virginia, excluding its choice of law provisions. The exclusive venue
for any dispute arising out of this Agreement shall be in the state and federal courts
{2869611 -1, 077947 - 00001 -01} Page 10 of 18
located in the City of Roanoke, Virginia, and each party consents to the exclusive
jurisdiction of such courts.
SECTION 8. FORCE MAJEURE:
None of the parties to this Agreement shall be liable for failure to perform under
this Agreement if such failure arises out of causes beyond control, and without the fault
or the negligence of said party. Such causes may include, but are not restricted to, Act of
God or the public enemy, fires, floods, epidemics, pandemic, public health emergency,
quarantine restrictions, freight embargoes, and unusually severe weather. In every case,
however, a failure to perform must be beyond the control and without the fault or the
negligence of said party.
SECTION 9. COVID -19 COMPLIANCE:
VVBR, WTC, their employees, agents, successors, and assigns shall comply with
state and federal laws, regulations, standards -of- industry, executive orders, and orders
of public health agencies concerning the COVID -19 declared state of emergency with
regard to the Event. The Participating Localities intend to protect the health and safety of
their employees, agents, contractors, citizens, and others in the course of planning for
and providing a venue and assistance for the Event. The COVID -19 pandemic is a rapidly
evolving event. Mandates are based on the best available guidance at the time of
issuance and are subject to change at any time. The parties will defer to ongoing guidance
from the Virginia Department of Health (VDH), the Centers for Disease Control (CDC),
and the Virginia Department of Labor and Industry (DOLT). The Parties to this Agreement
{2869611 -1, 077947- 00001 -01} Page 11 of 18
shall confer regularly, but no less often than bi- weekly, regarding updated public health
compliance requirements for the Event.
SECTION 10. ENTIRE AGREEMENT:
This Agreement, including any exhibits hereto, embodies the complete agreement
of the parties hereto with respect to the subject matter described herein, and supersedes
all oral or written previous or contemporary agreements or understandings between the
parties relating to any of the matters herein, except to the extent additional terms and
conditions may be included in the Special Event Permits each of the Participating
Localities will have with WTC. To the extent additional terms and conditions are contained
in the Special Events Permits, such terms and conditions will not contradict the terms of
this Agreement. For the avoidance of doubt, the parties' Memorandum of Understanding
regarding the 2021 Event shall remain in full force and effect in accordance with its terms.
[remainder of page intentionally blank]
{2869611 -1, 077947- 00001 -01} Page 12 of 18
IN WITNESS WHEREOF, the parties have executed this Agreement by their authorized
representatives.
Date:
THE CITY OF ROANOKE
By: Robert S. Cowell, City Manager
COMMONWEALTH OF VIRGINIA )
City of Roanoke ) to -wit:
The foregoing instrument was acknowledged before me this day of ,
2021, by Robert S. Cowell, the City Manager for the City of Roanoke, Virginia, for and on
behalf of the City of Roanoke, Virginia.
My commission expires:
Notary Public
Registration No.
[remainder of page intentionally blank]
12869611 -1, 077947- 00001 -01) Page 13 of 18
Date:
THE TOWN OF VINTON
By: Richard Peters, Town Manager
COMMONWEALTH OF VIRGINIA )
County of Roanoke ) to -wit:
The foregoing instrument was acknowledged before me this day of ,
2021, by Richard Peters, the Town Manager for the Town of Vinton, Virginia, for and on
behalf of the Town of Vinton, Virginia.
My commission expires:
Notary Public
Registration No.
[remainder of page intentionally blank]
{2869611 -1, 077947 - 00001 -01} Page 14 of 18
Date:
THE COUNTY OF ROANOKE
By: Daniel R. O'Donnell, County Administrator
COMMONWEALTH OF VIRGINIA )
County of Roanoke ) to -wit:
The foregoing instrument was acknowledged before me this day of ,
2021, by Daniel R. O'Donnell, the County Administrator for the County of Roanoke,
Virginia, for and on behalf of County of Roanoke, Virginia.
My commission expires:
Notary Public
Registration No.
Approved to form:
Office of the Roanoke County Attorney
[remainder of page intentionally blank]
(2869611 -1, 077947- 00001 -01) Page 15 of 18
Date:
THE COUNTY OF BOTETOURT
By: Gary Larrowe, County Administrator
COMMONWEALTH OF VIRGINIA )
County of Botetourt ) to -wit:
The foregoing instrument was acknowledged before me this day of ,
2021, by Gary Larrowe, the County Administrator for the County of Botetourt, Virginia, for
and on behalf of County of Botetourt, Virginia.
My commission expires:
Notary Public
Registration No.
[remainder of page intentionally blank]
{2869611 -1, 077947 - 00001 -011 Page 16 of 18
Date:
COMMONWEALTH OF VIRGINIA
City /County of
ROANOKE VALLEY CONVENTION AND
VISITOR'S BUREAU,
D /B /A VISIT VIRGINIA'S BLUE RIDGE
By: Landon C. Howard, President
to -wit:
The foregoing instrument was acknowledged before me this day of ,
2021, by Landon C. Howard, President of Roanoke Valley Convention and Visitors
Bureau D /B /A Visit Virginia's Blue Ridge, for and on behalf of Roanoke Valley Convention
and Visitors Bureau D /B /A Visit Virginia's Blue Ridge.
My commission expires:
Notary Public
Registration No.
[remainder of page intentionally blank]
{2869611 -1, 077947 - 00001 -011 Page 17 of 18
Date:
STATE OF FLORIDA
County of
WORLD TRIATHLON CORPORATION
By: Shane Facteau, Chief Operating Officer
to -wit:
The foregoing instrument was acknowledged before me this day of ,
2021, by Shane Facteau, Chief Operating Officer of World Triathlon Corporation, for and
on behalf of World Triathlon Corporation.
My commission expires:
Notary Public
Registration No.
[remainder of page intentionally blank]
{2869611 -1, 077947- 00001 -011 Page 18 of 18
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
MrThe 20th day of September, 2021.
No. 42162 - 092021.
AN ORDINANCE to appropriate funding from the Commonwealth, federal and
private grant for various educational programs, amending and re- ordaining certain
sections of the 2021 -2022 School Grant Fund Appropriations, and dispensing with the
second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that the following
sections of the 2021 -2022 School Grant Fund Appropriations be, and the same are
hereby, amended and re- ordained to read and provide as follows:
APPROPRIATIONS
Cordinator
302-
160-
0000-
1305-
101R-
61100-
41124-
9-
07
$ 44, 357.45
Teachers
302-
160-
0000-
1305-
101R-
61100-
41121-
9-
07
104,181.25
Instructional Assistants
302-
160-
0000-
1305-
101R-
61100-
41141-
9-
07
9,289.36
Secretary/Clerical
302-
160-
0000-
1305-
101 R-
61100-
41151-
9-
07
4,740.00
Grants Accountant
302-
217-
LMAT-
1000-
101R-
62160-
'41137
9-
00
2,500.00
Social Security
302-
160-
0000-
1305-
101R-
61100-
42201-
9-
07
12,891.73
Professional Development
302-
160-
0000-
1305-
101R-
61100-
41129-
9-
07
3,451.21
Materials & Supplies
302-
160-
0000-
1305-
101R-
61100-
46620-
9-
07
7,000.00
Teachers
302-
120-
0000-
0000-
111R-
61100-
41121-
9-
02
2,205,219.66
Coordinators
302-
120-
0000-
0000-
111R-
61100-
41124-
9-
02
111,842.67
Classroom Aides
302-
120-
0000-
0000-
111R-
61100-
41141-
9-
02
61,217.67
Supplements
302-
120-
0000-
0000-
111R-
61100-
41129-
9-
02
36,680.00
Retiree Health Credit
302-
120-
0000-
0000-
111R-
61100-
42200-
9-
02
29,221.02
Social Security
302-
120-
0000-
0000-
111R-
61100-
42201-
9-
02
208,304.44
Virginia Retirement System
302-
120-
0000-
0000-
11113-
61100-
42202-
9-
02
424,926.35
Health Insurance
302-
120-
0000-
0000-
11113-
61100-
42204-
9-
02
505,187.73
Group Life Insurance
302-
120-
0000-
0000-
111R-
61100-
42205-
9-
02
32,360.46
Professional Services
302-
120-
0000-
0000-
111R-
61100-
43311-
9-
02
120,000.00
Travel /Mileage
302-
120-
0000-
0000-
111R-
61100-
45551-
9-
02
20,000.00
Instructional Supplies
302-
120-
0000-
0000-
111R-
61100-
46614-
9-
02
65,000.00
Teachers
302-
120-
0000-
0000-
121R-
61100-
41121-
9- 02
69,168.00
Coordinators
302-
120-
0000-
0000-
121 R-
61100-
41124-
9- 02
12,500.00
Supplements
302-
120-
0000-
0000-
121 R-
61100-
41129-
9- 02
5,467.00
Retiree Health Credit
302-
120-
0000-
0000-
121 R-
61100-
42200-
9- 02
583.00
Social Security
302-
120-
0000-
0000-
121 R-
61100-
42201-
9- 02
7,911.00
Virginia Retirement System
302-
120-
0000-
0000-
121R-
61100-
42202-
9- 02
10,999.00
Health Insurance
302-
120-
0000-
0000-
121R-
61100-
42204-
9- 02
9,882.00
Group Life Insurance
302-
120-
0000-
0000-
121R-
61100-
42205-
9- 02
625.00
Professional Services
302-
120-
0000-
0000-
121 R-
61100-
43311-
9- 02
5,500.00
Instructional Supplies
302-
120-
0000-
0000-
121 R-
61100-
46614-
9- 02
8,000.00
Instruction Teachers & Tutors (Learning Loss)
302-
110-
LLOS-
1000-
189Q-
61100-
41121-
9- 01
7,200,000.00
Instruction Teachers & Tutors (Special Ed Learning Loss)
302-
120-
LLOS-
1000-
189Q-
61100-
41121-
9- 02
1,710,000.00
Supplement (Learning Loss)
302-
110-
LLOS-
1000-
1890-
61100-
41129-
9- 01
3,208,800.00
Other Support Positions (Learning Loss)
302-
110-
LLOS-
1000-
189Q-
61100-
41138-
9- 01
1,950,000.00
Other Support Positions
302-
110-
0000-
1000-
1890-
61100-
41138-
9- 01
680,000.00
Social Security
302-
110-
0000-
1000-
189Q-
61100-
42201-
9- 01
52,020.00
Social Security (Learning Loss)
302-
110-
LLOS-
1000-
189Q-
61100-
42201-
9- 01
1,076,263.00
Benefits
302-
110-
0000-
1000-
189Q-
61100-
42204-
9- 01
355,980.00
Benefits (Learning Loss)
302-
110-
LLOS-
1000-
1890-
61100-
42204-
9- 01
3,800,610.00
Professional Development (Learning Loss)
302-
110-
LLOS-
1000-
189Q-
61100-
43313-
9- 01
40,000.00
Professional Food Services (Learning Loss)
302-
110-
LLOS-
1000-
189Q-
61100-
43314-
9- 01
16,000.00
Professional Maintenance Service Contracts
302-
110-
0000-
1000-
189Q-
61100-
43332-
9- 01
200,000.00
Transportation (Learning Loss)
302-
110-
LLOS-
1000-
189Q-
61100-
43343-
9- 01
565,000.00
Transportation
302-
110-
0000-
1000-
189Q-
61100-
43343-
9- 01
1,132,500.00
Professional Services - Software License (Learning Loss)
302-
110-
LLOS-
1000-
189Q-
61100-
43386-
9- 01
128,124.00
Instructional Supplies (Learning Loss)
302-
110-
LLOS-
1000-
1890-
61100-
46614-
9- 01
504,648.88
Instructional Supplies
302-
110-
0000-
1000-
189Q-
61100-
46614-
9- 01
1,000,000.00
Non - Capital Tech Hardware (Learning Loss)
302-
110-
LLOS-
1000-
189Q-
61100-
46650-
9- 01
285,000.00
Capital Outlay Additions Equipment (Learning Loss)
302-
251-
LLOS-
1000-
189Q-
61100-
48821-
9- 01
40,000.00
Capital Outlay Additions Capital Outlays
302-
251-
0000-
1000-
189Q-
61100-
48827-
9- 01
27,799,290.00
Instruction Teachers & Tutors
302-
110-
0000-
1000-
190Q-
61100-
41121-
9- 01
493,920.00
Other Personnel
302-
110-
0000-
1000-
190Q-
61100-
41138-
9- 01
114,684.00
Social Security
302-
110-
0000-
1000-
190Q-
61100-
42201-
9- 01
45,237.00
Transportation
302-
110-
0000-
1000-
190Q-
61100-
43343-
9- 01
852,355.00
Internal Printing
302-
110-
0000-
1000-
190Q-
61100-
44450-
9- 01
73,004.00
Other Social Workers
302-
140-
HOME-
1000-
19413-
61210-
41134-
9- 10
50,000.00
Social Security
302-
140-
HOME-
1000-
19413-
61210-
42201-
9- 10
3,825.00
Purchased Services
302-
140-
HOME-
1000-
194R-
61210-
43313-
9- 10
21,175.00
Miscellaneous Other
302-
140-
HOME-
1000-
194R-
61210-
45586-
9- 10
25,000.00
Other Operating Supplies
302-
140-
HOME-
1000-
194R-
61210-
46615-
9- 10
10,000.00
Capital Outlay Additions Motor Vehicles
302-
140-
HOME-
1000-
194R-
63700-
48824-
9- 10
40,000.00
Testing and Evaluation
302-
170-
3000-
1160-
314R-
61100-
45584-
3- 03
2,657.40
Testing /Evaluation Dissemination
302-
170-
3000-
1160-
315R-
61100-
45584-
3- 03
11,463.37
Career & Technical Education Equipment
302-
170-
3000-
1160-
317R-
68200-
48110-
3- 03
11,461.31
Testing and Evaluation
302-
170-
3000-
1160-
319R-
61100-
45584-
3- 03
4,304.80
Equipment
302-
170-
3000-
1160-
306R-
68200-
48110-
3- 03
14,707 70
Data Processing Equipment
302-
280-
0000-
1000-
329R-
68200-
48826-
3- 01
808,800.00
Data Processing Equipment - Govemors School
302-
280-
0000-
1170-
329R-
68200-
48826-
3- 01
26,000.00
Data Processing Equipment - Noel C. Taylor
302-
280-
0000-
0553-
329R-
68200-
48826-
3- 01
26,000.00
Teacher
302-
120-
0000-
1050-
330R-
61100-
41121-
9- 09
45,305.75
0.5 FTE Administrative Support
302-
120-
0000-
1050-
330R-
61410-
41151-
9- 09
25,035.26
Retiree Health Credit
302-
120-
0000-
1050-
330R-
61410-
42200-
9- 09
851.13
Social Security
302-
120-
0000-
1050-
330R-
61410-
42201-
9- 09
5,381.09
VRS
302-
120-
0000-
1050-
330R-
61410-
42202-
9- 09
11,958.51
Health /Dental
302-
120-
0000-
1050-
33013-
61410-
42204-
9- 09
6,511.58
Group Life Insurance
302-
120-
0000-
1050-
330R-
61410-
42205-
9- 09
942.57
Other Professional Services
302-
120-
0000-
1050-
330R-
61100-
43313-
3- 02
500.00
Communicaitosn Telecommunication
302-
120-
0000-
1050-
330R-
68200-
45523-
3- 02
1,250.00
Materials and Supplies
302-
120-
0000-
1050-
330R-
61310-
46601-
3- 02
1,250.00
Adult Ed Teacher
302-
160-
0000-
1305-
353R-
61100-
41121-
9- 07
35,729.14
Social Security
302-
160-
0000-
1305-
353R-
61100-
42201-
9- 07
2,733.28
Teachers
302-
160-
0000-
1305-
355R-
61100-
41121-
9- 07
13,934.05
Social Security
302-
160-
0000-
1305-
355R-
61100-
42201-
9- 07
1,065.95
Instruction Classroom - General
302-
110-
0000-
0390-
362Q-
61100-
41138-
3- 00
6,416.00
Instruction Classroom - General
302-
110-
0000-
0400-
362Q-
61100-
41138-
3- 00
6,416.00
REVENUE
Local Match
302-
160-
LMAT-
0000-
101R-
00000-
72000-
0-
'00
$ 28,411.00
Federal Grant Receipts
302-
000-
0000-
0000-
101R-
00000-
38002-
0-
00
160,000.00
Federal Grant Receipts
302-
000-
0000-
0000-
111R-
00000-
38027-
0-
00
3,819,960.00
Federal Grant Receipts
302-
000-
0000-
0000-
121R-
00000-
38173-
0-
00
130,635.00
Federal Grant Receipts
302-
000-
0000-
0000-
1890-
00000-
38383-
0-
00
51,744,235.88
Federal Grant Receipts
302-
000-
0000-
0000-
190Q-
00000-
38396-
0-
00
1,579,200.00
Federal Grant Receipts
302-
000-
0000-
0000-
194R-
00000-
38397-
0-
00
150,000.00
State Grant Receipts
302-
000-
0000-
0000-
314R-
00000-
32349-
0-
00
2,657.40
State Grant Receipts
302-
000-
0000-
0000-
315R-
00000-
32349-
0-
00
11,463.37
State Grant Receipts
302-
000-
0000-
0000-
317R-
00000-
32252-
0-
00
11,461.31
State Grant Receipts
302-
000-
0000-
0000-
319R-
00000-
32349-
0-
00
4,304.80
State Grant Receipts
302-
000-
0000-
0000-
30613-
00000-
32252-
0-
00
14,707.70
State Grant Receipts
302-
000-
0000-
0000-
329R-
00000-
32104-
0-
00
726,000.00
State Grant Receipts
302-
000-
0000-
0000-
33013-
00000-
32418-
0-
00
98,985.89
State Grant Receipts
302-
000-
0000-
0000-
353R-
00000-
32240-
0-
00
38,462.42
State Grant Receipts
302-
160-
0000-
0000-
355R-
00000-
32298-
0-
00
15,000.00
State Grant Receipts
302-
000-
0000-
0000-
362P-
00000-
32291-
0-
00
12,832.00
Local Match
302-
000-
0000-
0000-
329R-
00000-
72000-
0-
00
134,800.00
Pursuant to the provisions of Section 12 of the City Charter, the second reading of this
ordinance by title is hereby dispensed with.
ATTEST:
loe
City Clerk
September 20, 2021
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 14,
2021, the Board respectfully requests that City Council approve the
following appropriation requests:
New Appropriation Award
Adult Basic Education 2021 -22 $1881P411.00
IDEA Part B, Section 611, Flow - Through 2021 -22 $3,819,960.00
IDEA Part B, Section 619, Preschool 2021 -22 $130,635.00
American Rescue Plan (ARP) Act Elementary and
Secondary School Emergency Relief (ESSER) II
State Set -Aside Fund 2020 -21 $51,744,235.88
Coronavirus Response and Relief Supplemental
Appropriations (CRRSA) Act Elementary and Secondary
School Emergency Relief (ESSER) III Fund 2020 -21 $11579,200.00
American Rescue Plan (ARP) Act Elementary and
Secondary School Emergency Relief Fund (ESSER) for
Homeless Children and Youth 2021 -22 $150,000.00
Career and Technical Education (CTE) State
Equipment 2021 -22 $14,707.77
School Instructional Technology Virginia Public School
Authority (VPSA) Bond Funds, Series XXI 2021 -22 $860,800.00
Workplace Readiness Skills (WRS) for the Commonwealth
Examination Allocation 2021 -22 $2,657.40
Career and Technical Education Industry Certifications
and Licensure Testing 2021 -22 $11,463.37
ROANOKE CITY
PUBLIC SCHOOLS
Strong Students. Strong Schools. Strong City,
School Board
Lutheria H. Smith
Chairperson
Dr. Eli C. S. Jamison
Vice Chairperson
Diane M. Casola
Mark K. Cathey
Michael L. Cherry, 11
Natasha N. Saunders
Joyce W. Watkins
Verletta B. White
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
City Council 2
New Appropriation
Career and Technical Education (CTE) Equipment for
High- Demand, High- Skill, Fast - Growth Industry Sectors
2021 -22
Science, Technology, Engineering, Mathematics and
Health Sciences (STEM -H) Student Credentials, Materials,
and Teacher Professional Development 2021 -22
Special Education in Local and Regional Jails 2021 -22
General Adult Education 2021 -22
RACE to GED 2021 -22
Mentor Teacher Program 2020 -21
September 20, 2021
Award
$11,461.31
$4,304.80
$98,985.89
$38,462.42
$15,000.00
$12,832.00
On behalf of the School Board, thank you for your consideration.
Sincerely,
V
Cindy H. Poulton, Clerk
pc: Tim Spencer Verletta B. White
Bob Cowell Kathleen Jackson
Amelia Merchant Maryna Mabes (w /details)
Lutheria H. Smith
www.rcps.info p: 540.853.2381 f: 540.853.2951 P.O. Box 13145 Roanoke VA 24031
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: September 20, 2021
Subject: School Board Appropriation Request
Background:
As the result of official Roanoke City School Board action on Tuesday September
14, 2021, 2021 the Board respectfully requested that City Council appropriate
funding as outlined in this report.
The Adult Basic Education program provides funds for the education of adults
who have not completed high school. The program will be reimbursed by
federal funds in the amount of $160,000. Matching funds are provided in the
amount of $28,411. The program will end June 30, 2022. This is a continuing
program.
The 2021 -22 IDEA Part B, Section 61 1 , Flow- Through program provides aid for
the education and guidance of students with disabilities. The program will be
fully reimbursed by federal funds in the amount of $3,819,960 and will end
September 30, 2023. This is a continuing program.
The 2021 -22 IDEA Part B, Section 619, Preschool award provides funding to
support early childhood educational services for students with disabilities. The
program will be fully reimbursed by federal funds in the amount of $130,635
and will end September 30, 2023. This is a continuing program.
The 2020 -21 American Rescue Plan (ARP) Act Elementary and Secondary School
Emergency Relief (ESSER) III Fund, provides emergency relief funds for
addressing the impact of the coronavirus pandemic and learning loss on
elementary and secondary schools in Virginia. The program will be fully
reimbursed by federal funds in the amount of $51,744,235.88 and will end
September 30, 2024.
The 2020 -21 Coronavirus Response and Relief Supplemental Appropriations
(CRRSA) Act Elementary and Secondary School Emergency Relief (ESSER) Fund II
State Set - Aside, provides emergency relief funds for addressing learning loss
and extended school year /year -round school programs. The program will be
fully reimbursed by federal funds in the amount of $1,579,200 and will end
September 30, 2023.
The 2021 -22 American Rescue Plan (ARP) Act Elementary and Secondary School
Emergency Relief Fund (ESSER) for Homeless Children and Youth, provides
emergency relief funds for the education of homeless children and youth. The
program will be fully reimbursed by federal funds in the amount of $150,000
and will end September 30, 2023 with an optional extension to September 30,
2024 if needed.
The General Assembly approved state funding for Workplace Readiness Skills
MRS) for the Commonwealth Examinations, including pretests, and /or other
Board - approved industry certification assessments for Career and Technical
Education (CTE) programs. The program will be fully reimbursed from state
funds in the amount of $2,657.40 and will end May 20, 2022.
The General Assembly approved state funding for Career and Technical
Education (CTE) student industry certification examinations, licensure tests, and
occupational competency assessments. Reimbursement is restricted to industry
certification exams, licensure tests or occupational competency assessments
that have been approved by the Board of Education for the student - selected
verified credit option. This program will be paid for by the Commonwealth's
Lottery Proceeds Fund. The program will be fully reimbursed from state funds
in the amount of $11,463.37 and will end May 20, 2022.
The General Assembly approved state funding to update Career and Technical
Education (CTE) equipment for high- demand, fast - growth industry sectors, to
provide students with classroom experiences that translate to the 21 st Century
workforce. This program will be paid for by the Commonwealth's Lottery
Proceeds Fund. The program will be fully reimbursed by state funds in the
amount of $1 1 ,461 .31 and will end May 20, 2022.
The General Assembly approved state funding to support industry credentialing
testing materials for students, and professional development for instructors, in
science, technology, engineering, mathematics and health sciences (STEM -H)
Career and Technical Education (CTE) programs. This program will be paid for
by the Commonwealth's Lottery Proceeds Fund. The program will be fully
reimbursed from state funds in the amount of $4,304.80 and will end May 20,
2022.
The General Assembly approved state funding to support equipment for Career
and Technical Education (CTE) programs. This program will be paid for by the
Commonwealth's Lottery Proceeds Fund. The program will be fully reimbursed
from state funds in the amount of $14,707.77 and will end May 20, 2022. This
is a continuing program.
The Virginia Public School Authority (VPSA) supports school divisions' efforts to
implement the Standards of Learning (SOL) Web -based Technology Initiative.
Specifically, funds are for use in 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 tests online.
This program will be fully funded by state funds in the amount of $726,000 and
2
the required local match in the amount of $134,800. This is a continuing
program.
The Special Education in .Jails program provides state funding for a special
education teacher to serve the Roanoke City .Jail. Grant funds also provide for
administrative support associated with providing those services. This program
will be fully reimbursed by state funds in the amount of $98,985.89 and will
end March 31, 2022. This is a continuing program.
The 2021 -22 General Adult Education program is the Virginia initiative to
provide instructors and related expenses to provide general adult education
courses for adults who did not complete high school. The program is
reimbursed 100% by state funds in the amount of $38,462.42, passed through
the regional award for which Salem City Schools serves as fiscal agent. The
above amounts represent an estimation of the award, with the final award
amount dependent upon the actual regional services provided in Roanoke City.
This is a continuing program that will end May 31, 2022.
The 2021 -22 Race to GED program is the Virginia initiative to provide supplies,
tuition, and instructors to increase participation in GED examinations by adults
who did not complete high school. The program is reimbursed 100% by state
funds in the amount of $15,000, passed through the regional award for which
Salem City Schools serves as fiscal agent. This is a continuing program that will
end May 31, 2022.
This program provides funding to support the division in enhancing its mentor
teacher program. Funding is provided based on the number of teachers with
zero years of teaching experience reported by the school division for 2020 -21.
The program is reimbursed by state funds in the amount of $12,832 and the
grant period will end dune 30, 2021. This is a continuing program.
Recommended Action:
We recommend that Council concur with
adopt the attached budget ordinance to
appropriate fu g as outlined.
Robert S. Cowell, Jr.
City Manager
this report of the School Board and
establish revenue estimates and to
Distribution: Council Appointed Officers
Verletta White, Superintendent, RCPS
Dan Lyons, Assistant Superintendent for Operations, RCPS
Kathleen M. Jackson, Chief Financial Officer, RCPS
Amelia C. Merchant, Director of Finance
3
CECELIA F. MCCOY, CIVIC
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: clerkCgroanoke%a.gov
September 21, 2021
Mike DiMaggio, Vice - President
BrightView, LLC
625 Eden Park Drive, Suite 525
Cincinnati, Ohio 45202
Dear Mr. DiMaggio:
CECELIA T. WEBB, ChIC
Depute City Clerk
I am enclosing copy of Ordinance No. 42163- 092021 rezoning certain properties located
at 1345 Plantation Road, N. E., from 1 -1, Light Industrial District to INPUD, Institutional
Planned Unit Development District; as set forth in the Zoning Amendment Amended
Application No. 1 dated August 20, 2021.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, September 20, 2021, and is in full force and effect
upon its passage.
Sincerely,
�', e".�.
Cecelia F. McCoy, CMC
City Clerk
Enclosure
PC: Scott W. and Kathy H. Bauman, 5585 S Roselawn, Roanoke, Virginia 24018
711 Pocahontas LLC, 824 Muse Road, Fincastle, Virginia 24090
Planta, LLC, P. O. Box 384, Roanoke, Virginia 24003
Foot Levelers, Inc., P. O. Box 12611, Roanoke, Virginia 24027
Growthworks Holdings, LLC, 1334 7th Street, N. E., Roanoke, Virginia 24012
1345 Plantation, LLC, 3401 Whiteside Street, N. E., Roanoke, Virginia 24012
Trevilian, Inc., 570 Redbud Hill Road, Rocky Mount, Virginia 24151
ARG D151 PCK001 LLC, c/o AR Global Investments, LLC, Newport, Rhode
Island 02840
Mike DiMaggio, Vice - President
BrightView, LLC
September 21, 2021
Page 2
PC: The Honorable Brenda Hamilton, Circuit Court Clerk
Robert S. Cowell, Jr., City Manager
W. Brent Robertson, Assistant City Manager
Jillian Papa Moore, Acting Director, Planning Building & Development
R. Wayne Leftwich, Jr., Planning Commission Agent
Timothy Spencer, City Attorney
Laura Carini, Assistant City Attorney
Susan Lower, Director of Real Estate Valuation
Luke Pugh, City Engineer
Tina Carr, Secretary, City Planning Commission
14��
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of September, 2021.
No. 42163 - 092021.
AN ORDINANCE to rezone certain properties located at 1345 Plantation Road,
N.E., from I -1, Light Industrial District to INPUD, Institutional Planned Unit Development
District; and dispensing with the second reading of this ordinance by title.
WHEREAS, Mike DiMaggio, on behalf of BrightView, LLC, has made application
to the Council of the City of Roanoke, Virginia ( "City Council "), to have the property
located at 1345 Plantation Road, N.E., bearing Official Tax Map No. 3043007 rezoned
from I -1, Light Industrial District to INPUD, Institutional Planned Unit Development
District to permit use of the property for Outpatient mental health and substance abuse
clinic - by special exception; Laboratory, dental, medical, or optical; Laboratory, testing,
and research; Medical clinic; Office, general or professional; Business services
establishment, not otherwise listed; Financial institution; Drive - through facility; Mixed -use
building; Studio /multimedia production facility; Bakery, confectionary, or similar food
production, retail; Building supplies and materials, retail; Contractor or tradesman's shop,
general or special trade; General service establishment, not otherwise listed; Laundromat;
Personal service establishment, not otherwise listed in this table; Retail sales establishment,
not otherwise listed; Club, lodge, civic, or social organization; Community center; Eating
establishment; Eating and drinking establishment, not abutting a residential district; Eating
and drinking establishment, abutting a residential district; Entertainment establishment,
abutting a residential district; Entertainment establishment, not abutting a residential
district; Health and fitness center; Meeting hall; Place of worship; Aquarium or
planetarium; Artist studio; Community food operation; Community garden; Day care
center, adult; Day care center, child; Educational facilities, business school or nonindustrial
trade school; Hospital; Broadcasting studio or station; and associated site development, as
the Planned Unit Development Plan, prepared by Civil Engineering Services, PC, as
attached to the Zoning Amendment Amended Application No. 1 dated August 20, 2021,
pertains to the parcel bearing Official Tax Map No. 3043007;
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 September 20, 2021, 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 No. 3043007, located at 1345 Plantation Road,
N.E., be and is hereby rezoned from I -1, Light Industrial District to INPUD, Institutional
Planned Unit Development District subject to a Planned Unit Development Plan, and as set
forth in the Zoning Amendment Amended Application No. 1 dated August 20, 2021.
2. Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
ATTEST:
-J-• WAA7
City Clerk.
O
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: September 20, 2021
Subject: Application by BrightView, LLC to rezone 1345 Plantation Road NE,
bearing Official Tax Map No. 3043007, from 1 -1, Light Industrial
District, to INPUD, Institutional Planned Unit Development District
subject to a Planned Unit Development Plan.
Summary:
The Planning Commission held a public hearing on September 13, 2021. By a
vote of 6 -0, with Commissioner S. Glenn absent, the Commission recommends
approval of the rezoning request, finding that the Amended Application No.l is
consistent with the City's Comprehensive Plan and Williamson Road Area Plan
Ordinance as the subject property will be redeveloped in a manner appropriate
to the surrounding area.
Application Information:
Request:
Rezoning
Applicant:
BrightView, LLC
Owner:
1345 Plantation, LLC
Agent:
Gentry Locke, Jon Puvak, Esq.
City Staff Person:
Brittany Gardner, City Planner
Address:
1 345 Plantation Road NE
Official Tax No:
3043007
Site Area:
1.2962 acres
Relevant Plans:
Williamson Road Area Plan
Proposed Land Use: Outpatient mental health and substance abuse clinic by
special exception
Future Land Use: Light Industrial /Commercial
Filing Date: Original Application: July 26, 2021
Amended Application No. 1: August 20, 2021
Background:
BrightView provides treatment to individuals with substance use disorder. Their
treatment model combines medication assisted treatment with psychological and
social services. This use is defined by the Roanoke City Zoning Ordnance as an:
"Outpatient mental health and substance abuse clinic: An establishment
which provides outpatient services primarily related to the treatment of
mental health disorders, alcohol, or other drug or substance abuse
disorders, which services include the dispensing and administering of
controlled substances and pharmaceutical products by professional
medical practitioners as licensed by the Commonwealth of Virginia."
Outpatient mental health and substance abuse clinics require a special exception
in both the INPUD and CG, Commercial General Zoning Districts.
The applicant will be leasing the property at 1345 Plantation Road. The property is
currently vacant, but was previously occupied by an electronic and software
engineering firm.
Proposed Use /Development:
The applicant proposes to rezone the parcel at 1 345 Plantation Road from 1 -1 to
INPUD, subject to a Planned Unit Development Plan with limited uses.
The applicant has no plans to expand the current 1 -story building on the
property. Proposed development will be largely interior with a parking lot
expansion to include a total of 21 parking spaces. Any plans for signage will be
subject to the standards of the CG, Commercial General District. As part of the
Planned Unit Development Plan, the applicant proposes limiting building uses
to the following:
• Outpatient mental health and substance abuse clinic - by special
exception Laboratory, dental, medical, or optical
• Laboratory, testing, and research
• Medical clinic
• Office, general or professional
• Business services establishment, not otherwise listed
• Financial institution
• Drive - through facility
• Mixed -use building
• Studio /multimedia production facility
• Bakery, confectionary, or similar food production, retail
• Building supplies and materials, retail
• Contractor or tradesman's shop, general or special trade
• General service establishment, not otherwise listed
• Laundromat
• Personal service establishment, not otherwise listed in this table
2
• Retail sales establishment, not otherwise listed
• Club, lodge, civic, or social organization
• Community center
• Eating establishment
• Eating and drinking establishment, not abutting a residential district
• Eating and drinking establishment, abutting a residential district
Entertainment establishment, abutting a residential district
• Entertainment establishment, not abutting a residential district
• Health and fitness center
• Meeting hall
• Place of worship
• Aquarium or planetarium
• Artist studio
• Community food operation
• Community garden
• Day care center, adult
• Day care center, child
• Educational facilities, business school or nonindustrial trade school
• Hospital
• Broadcasting studio or station
Considerations:
Compatibility with Surrounding Land Uses:
The subject property is surrounded by 1 -1, Industrial zoned properties of various
uses:
• To the south are a contractor or tradesman shop,
• To the north are manufacturing facilities, and a trucking and supply
company
• To the west is a business center
• To the east is a cab company
Mixed use and commercial properties can be found further south, closer to
Orange Avenue.
The uses provided by the applicant as part of their Planned Unit Development Plan
are less intensive that many uses permitted by -right in the surrounding 1 -1 zoning
district. The institutional nature of the applicant's requested zoning district and
proposed use are compatible with the mix of commercial and industrial uses. In
addition, the Planned Unit Development Plan will limit future development to
reduce the impact on surrounding properties.
The future land use plan from the Williamson Road Area Plan designates this
area for industrial /commercial.
3
Applicability /Appropriateness of Proposed Zoning District.
As outlined in the Zoning Ordinance, "the purposes of the INPUD District are to
encourage harmonious development of institutional uses and mixed -use
campus developments, to provide flexibility for creative development, to
minimize potential negative impacts of institutional uses on neighboring uses,
and to recognize the special complexity and interrelationships of land uses and
activities in these institutional complexes."
The INPUD District allows for needed institutional uses while minimizing the
impacts of these uses on neighboring properties.
Availability of Other Property:
There are no available INPUD properties within approximately 1 mile of the
subject property. Within their application, BrightView states their location
choices are limited by state law which prohibits the location of an outpatient
mental health and substance abuse clinic within 0.5miles of a school or
daycare.
Consistency with Comprehensive Plan:
City Plan 2040 highlights the need for substance abuse treatment facilities within
the community. Both City Plan 2040 and the Williamson Road Area Plan
understand the need for locating these facilities with consideration to the
surrounding neighborhood.
Policy /Action
Plan I Applicability to matter
Policy 1: Family health, mental health,
Comprehensive
and substance abuse treatment
Plan', Healthy
facilities should be considered as
Community
essential community needs and
Theme, Priority
location decisions for such facilities
3: Access to
should be driven by factors such as
Health and
scale, geographic distribution, and
Support
accessibility
Services
Action Items:
• Support development of adequate
inpatient and outpatient medical
and rehabilitation facilities for
substance abuse or mental health
disorders that are small in scale,
accessible, and distributed across
the City
City Plan 2040. City of Roanoke 2020
2004
z Williamson Road Area Plan City of Roanoke
City Plan 2040 supports the
establishment of outpatient
mental health and substance
abuse clinics where
appropriate.
11
Policy /Action
Plan
Applicability to matter
• Remove barriers to treatment,
disease management, and support
for those with substance abuse
and mental health
Community Design, Institutional
Williamson
While the proposed use is not
buildings: Institutional buildings such
Road Area
listed as an anchor
as schools and churches
Planz, pg. 44.
institutional use, the
will serve as anchors for commercial
Williamson Road Area Plan
centers.
indicates the appropriateness
of institutional uses in
commercial areas.
Community Design, Neighborhood
Williamson
The compatibility of the use
form: Neighborhoods are the basic
Road Area
to the surrounding
building block of urban form. The
Planz, pg. 44
neighborhood isappropriate
Williamson Road area will be a
integration of commercial,
grouping of neighborhoods that
industrial, and institutional.
integrate a diversity of residential,
commercial, and industrial uses.
Comments on Application:
Planning Commission Work Session:
Several items were discussed at the Planning Commission work session,
including the addition of uses, measurements, and labels to the Planned Unit
Development Plan, and providing calculations for trip generation.
The applicant submitted Amended Application No.l addressing all of the
comments.
Interdepartmental Comments:
Specific comments from the Traffic Board included a request for trip generation
based on the site use found in the latest ITE trip generation manual. General
comments were provided from the Western Virginia Water Authority, Fire and
Planning Building and Development departments related to: water and sewer
availability, fire code, and the permitting process.
Public Comments:
Public comment was received from Scott Bauman, the neighboring property
owner at 1401 Plantation Road. Mr. Bauman is not in favor of the proposed
rezoning. Mr. Bauman stated a number of problems with criminal activity in the
5
area and is concerned with the transient clientele that a substance abuse clinic
will bring to the area.
Public comment was received from Andy Brady, the neighboring property owner
at 711 Pocahontas Avenue. Mr. Brady is the owner of Brady's Distillery, which will
be opening a storefront and tasting room at the provided address. Mr. Brady is
opposed to the rezoning as the outpatient mental health and substance abuse
clinic will be a conflicting land use with the distillery.
Mr. William Shewmake, neighboring property owner at 518 Pocahontas Avenue,
provided a letter stating his opposition to the proposed rezoning. Mr. Shewmake
stated that the use was not appropriate for the surrounding industrial area. Mr.
Shewmake also cited concerns regarding safety and the need for conditions on
the proposed development including hours of operation, limits on expansions,
and guaranteed security.
In their application, the applicant provided a list of adjacent property owners
whom they contacted through mailings. Per the applicant, they received no
response to these mailings.
Public Hearing:
Mr. Scott Bauman, adjacent property owner at 1401 Planation Road, spoke
against the proposed rezoning. Mr. Bauman stated that the proposed use and
development did not meet the industrial character of the area. Mr. Bauman also
cited safety concerns related to the transients in the area.
Mr. Tim Brady, adjacent property owner at 711 Pocahontas Avenue, spoke against
the proposed rezoning. Mr. Brady is part owner of Brady's Distillery and cited
concern for placing a substance abuse clinic next to a distillery that provides a
substance for which patients may be seeking treatment. Mr. Brady also made
note of safety concerns.
Mr. Kent Greenawalt, neighboring property at 518 Pocahontas Avenue, spoke
against the proposed rezoning. Mr. Greenawalt cited safety concerns over crime
and homeless individuals in the area. Mr. Greenawalt felt the use was necessary
for the community, but not appropriate for the proposed area.
Conclusions and Recommendations:
The principal consideration is whether the proposed rezoning is consistent with
City Plan 2040 and the Williamson Road Area Plan. The proposed change allows
for a needed community resource while reducing its impact on the surrounding
areas. The Planned Unit Development Plan will ensure any expansion of the use
will require another public process. The Plan also limits uses to only those in
keeping with the surrounding area. Overall, this proposed change is in keeping
with the goals of these plans.
0
kx�s-
Karri B. Atwood, Chair
City Planning Commission
Enclosure: Attachment A, Zoning District Map
Distribution: Robert S. Cowell, Jr., City Manager
W. Brent Robertson, Assistant City Manager
Chris Chittum, Assistant City Manager
Jillian Moore, Acting Director Planning Building and Development
R. Wayne Leftwich, Jr., Planning Commission Agent
Timothy Spencer, City Attorney
Laura Carini, Senior Assistant City Attorney
BrightView LLC
1 345 Plantation LLC
Gentry Locke, Jon Puvak, Esq.
7
ZONING DISTRICT MAP
4807 Valley View Blvd NW (portion)
Official Tax Parcel: 2370102 (portion)
Area to to be Rezoned `
Zoning ..
AD: Airport Dev l 237 01 07
_ CG:Commercial-General -
- CLS: Commercial -Large Site
CN: Commercial- Neighborhood
- D: Downtown
- 1-1 Light Industrial
- 1-2: Heavy Industrial
® IW Institutional
QINPUD: Institutional Planned Unit Dev
- IPUD: Industrial Planned Unit Dev
. MX: Mixed Use
Q IAKPUD: Mixed Use Planned Unit Dev
R -12: Res Single - Family
R -3: Res Single - Family
R -5: Res Single - Family
R -7: Res Single - Family
RA: Res - Agricultural
RM -1: Res Mixed Density
RM -2: Res Mixed Density
RMF: Res Multifamily
ROS: Recreation and Open Space
- UF: Urban Flex
Conditional Zoning
w L
0 100 200 Feet
Attachment A
OT6' fG� c�� c1
Department of Planning, Building and Development
Room 170, Noel C. Taylor Municipal Building
215 Church Avenue, S.W.
Roanoke, Virginia 24011
Phone: (540) 853 -1730
Filing Date:f August 2 0, 2021 Submittal Number: LAmended Application No. 1
❑ Rezoning, Not Otherwise Listed
❑ Rezoning, Conditional
❑x Rezoning to Planned Unit Development
❑ Establishment of Comprehensive Sign Overlay District
Click Here''to Print
❑ Amendment of Proffered Conditions
❑ Amendment of Planned Unit Development Plan
❑ Amendment of Comprehensive Sign Overlay District
Address:
1345 Plantation Road, NE, Roanoke, Virginia
Official Tax
No(s).:
3043007
Existing
❑x Without Conditions
Ordinance
Zoning:
1 -1, Light Industrial
❑ With Conditions
No(s). (If
❑ Planned Unit Development
applicable):
Requested
❑ Without Conditions
Proposed
Outpatient mental heath and
Zoning:
INPUD, Institutional Planned Unit Developme
❑ With Conditions
Land Use:
substance abuse clinic /See
❑x Planned Unit Development
Development Plan
Name: 1345 Plantation, LLC Phone Number: +1(540)769
Address: res: 3401 Whiteside Street, N.E., Roanoke, Virginia 24012 E -mail: [chriszz1616 @gmail.com
o e
'�M s i�grehxe
�irnef
Name: BrightView, LLC Phone Number: +1(847) 849- 770
1625 Eden Park Drive, Suite 525 Cincinnati, OH 45202
M.it`t,
E -mail: im.dimaggio@brightviewhe
Name: (Gentry Locke, Jon Puvak, Esq. Phone Number: +1 (540) 983 -9399
Address: 10 Franklin Road, Suite 900, Roanoke, Virginia 24011 E -mail: [puvak @gentrylocke.com
7:0 —S19 -d M'—
It/
Completed application form and checklist.
Written narrative explaining the reason for the request.
Metes and bounds description, if applicable.
Filing fee.
F- Concept plan meeting the Application Requirements of item '2(c)' in Zoning Amendment Procedures,
F7, Written proffers. See the City's Guide to Proffered Conditions.
FJ Concept plan meeting the Application Requirements of item '2(c)' in Zoning Amendment Procedures. Please label as
'development plan' if proffered.
Development plan meeting the requirements of Section 36.2 -326 of the City's Zoning Ordinance.
los n .
_... ,..... �.
❑ Comprehensive signage plan meeting the requirements of Section 36.2- 336(d)(2) of the City's Zoning Ordinance.
For,
.. w .a .., tIOUW t#� t:be sutitli+itfed:
Amended development or concept plan meeting the Application Requirements of item'2(c)' in Zoning Amendment Procedures,
if applicable.
F-j Written proffers to be amended. See the City's Guide to Proffered Conditions.
Copy of previously adopted Ordinance.
For t k e i�
* n Ibwig Must also bet submik:
F Amended development plan meeting the requirements of Section 36.2 -326 of the City's Zoning Ordinance.
. Copy of previously adopted Ordinance.
For a COt�erl� a>Ildenent, the folbwing must also be submitteei:
F-, Amended comprehensive signage plan meeting the requirements of Section 36.2- 336(d) of the City's Zoning Ordinance.
F--! Copy of previously adopted Ordinance.
For a p tl !t l tir il#,study be sut>`mittati to its +y, the fotlonng rastsv be subrtaited:
I— A Traffic Impact Study in compliance with Appendix B -2(e) of the City's Zoning Ordinance.
Fora !'flues a.t�'Ic tilt anatyaia be sutrinitted to VdOT, the friitg rrn:�sc be submittetl
F- Cover sheet.
F Traffic impact analysis.
F- plan.
F Proffered conditions, if applicable.
C Yf! 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.
bl, A
VIF
BrightView
August 20, 2021
Mr. Phillip Moore
Zoning Administrator
City of Roanoke
Department of Planning, Building and Development
Room 170, Noel C. Taylor Municipal Building
215 Church Avenue, SW
Roanoke, Virginia 24011
Re: Written Narrative
BrightView — Outpatient Mental Health and Substance Abuse Clinic
1345 Plantation Road, NE, Tax No: 3043007 (the "Property ")
Dear Mr. Moore:
Please accept this narrative in support of BrightView Health's rezoning and special exception applications.
BrightView is proposing to rezone the Property to INPUD and obtain a special exception to operate an
outpatient mental health and substance abuse clinic. Permitted uses for the INPUD district include:
- Outpatient mental health and substance abuse clinic - by special exception
- Laboratory, dental, medical, or optical
- Laboratory, testing, and research
- Medical clinic
- Office, general, or professional
- Business services establishment, not otherwise listed
- Financial institution
- Drive - through facility
- Mixed -use building
- Studio /multimedia production facility
- Bakery, confectionary, or similar food production, retail
- Building supplies and materials, retail
- Contractor or tradesman's shop, general or special trade
- General service establishment, not otherwise listed
- Laundromat
- Personal service establishment, not otherwise listed in this table
- Retail sales establishment, not otherwise listed
- Club, lodge, civic, or social organization
- Community center
- Eating establishment
- Eating and drinking establishment, not abutting a residential district
- Eating and drinking establishment, abutting a residential district
- Entertainment establishment, abutting a residential district
- Entertainment establishment, not abutting a residential district
- Health and fitness center
- Meeting hall
28558/1/10046553v1
b. ,n
VVF
BrightView
- Place of worship
- Aquarium or planetarium
- Artist studio
- Community food operation
- Community garden
- Day care center, adult
- Day care center, child
- Educational facilities, business school or nonindustrial trade school
- Hospital
- Broadcasting studio or station
a. Description of proposed use and development of the Property
BrightView intends to operate an Outpatient Mental Health and Substance Abuse Clinic on the Property.
BrightView's mission is to provide patient- focused, evidence - based, high - quality care to individuals with
Substance Use Disorder ( "SUD "). This care is provided in an accepting and welcoming environment, free
of stigma, utilizing a holistic treatment model combining medical interventions (including Medication
Assisted Treatment ( "MAT ")) with psychological and social services to treat the whole person and
maximize the potential for recovery.
The Property is ideally located to serve the target population. BrightView will invest approximately
$450,000 in interior renovations at the Property to transform the currently vacant structure into a high -
quality medical and clinical facility. BrightView uses the highest quality finishes (see below) to ensure the
look and feel of our facilities is consistent throughout all 40+ of the Company's locations.
Waiting Room
Internal Waiting Room I Internal Hallway I Doctor's Office ]
There are no plans to make any significant exterior modifications to the building. When fully operational,
BrightView will create at least 10 full -time jobs at the Property. These 10 jobs should support a full patient
28S58/l/10046553v1
+.. A
VIV
BrightView
census at which point BrightView anticipates 7 patients onsite at any given time. At capacity, the full
parking load for the center will be 17 spots.
b. Justification for the change
The requested zoning change and special exception are justified because the properties from which
BrightView can lawfully operate are extremely limited by applicable law. Unlike other medical facilities,
professional offices and similar uses, Roanoke's zoning ordinance restricts Outpatient Mental Health and
Substance Abuse Clinics to only the Planned Unit Development and Commercial General districts. Further,
in those districts, the City's Zoning Ordinance requires a special exception before the use will be
permitted. In addition, Virginia law currently prohibits facilities providing SUD treatment from being
located within one -half mile of any school or daycare facility. Code of Virginia § 37.2- 406(A). As the
attached map demonstrates, these restrictions severely limit the available properties within the City of
Roanoke from which BrightView can lawfully operate. In addition, BrightView's facilities are typically
between 4,000 and 6,000 square feet in size, require sufficient parking, and we prefer to operate in single -
use locations further restricting the number of available locations. BrightView's proprietary site selection
process and conversation with key leaders has identified this location as most accessible for potential
patients in the community.
BrightView also requests the rezoning and special exception in order to provide much - needed treatment
to an underserved patient population. The opioid epidemic continues to ravage the United States, and
the demand for MAT services is continuously increasing. Like nearly every other state, Virginia has a
significant population that suffers from SUD and has seen skyrocketing numbers of fatal drug overdoses
in recent years. Between 2015 and 2020, overdose deaths in Virginia have increased by 123 %, climbing
41% in the last year alone. In the same period, the percentage of all drug overdose deaths involving opioids
grew from 79% to 83 %. Overdose deaths attributable to synthetic opioids have increased a staggering
28558/1/10046553v1
*. ,d
VIF
BrightView
636% since 2015 and increased 72% in 2020 alone. Unfortunately, the COVID -19 pandemic led to a
resurgence in addiction and overdoses with 2020 setting grim new records. The second quarter of 2020
represented the largest number of fatal drug overdoses (647) ever seen in Virginia, coinciding with the
beginning of the precautionary national shutdown. Roanoke is in the top 5 for highest overdose death
rates throughout Virginia.
These trends make it more urgent than ever to support state of the art treatment Brightview provides —
and Brightview has a demonstrated record of success. Brightview's patients have a 70% decrease in illicit
substance use, 50% decrease in alcohol consumption, 90% decrease in jail time, 70% decrease in arrests,
SO% decrease in unemployment, 40% decrease in feelings of depression, 60% decrease in hospitalizations,
and 50% decrease in emergency room visits. We have attached a recent White Paper providing more
detail around these positive contributions to the communities we serve and provide details about our
treatment methodology.
BrightView's treatment services are consistent with the growing health care focus and presence in the
Roanoke region. BrightView has had a myriad of conversations about the need for services with leaders
in the Roanoke community, including Carilion Hospital, City Engagement Manager of Roanoke, Roanoke
Valley Collective Response, Harm Reduction Coalition, Roanoke Health District, Roanoke Valley Hope
Initiative, Department of Corrections Probation District #15, Roanoke City Fire /EMS, Roanoke Drug Court,
and Council of Community Services. Dr. Cheri Hartman at Carilion described the problem as "horrendous"
and "the community is in dire need of comprehensive services ". BrightView and its leadership have had
multiple conversations about a formal relationship with Carilion to help combat the SUD crisis in the
community. Phil Cyrus, a reentry officer at the Department of Corrections Probation District #15, stated
that there was an "overwhelming need at all levels for more resources" regarding treatment in Roanoke
and the current providers were not delivering quality care. BrightView intends to partner with all key
leaders in the community and listen to their feedback to become an essential member of the SUD
treatment ecosystem in Roanoke.
c. Effect of the proposed amendment on the surrounding neighborhood (e.g. traffic generation)
The proposed amendment will have little to no effect on the surrounding businesses. All services will be
provided inside the building. Brightview's patients will not be loitering outside the building, lined up
outside the center, or cause traffic congestion on Plantation Road or surrounding streets. The Property
has ample parking for all patients and employees and the business will operate only during normal
working hours (8am — 5pm). BrightView offers transportation via Lyft, Uber, Taxi, Medicaid rides, or public
transportation for patients that do not have a personal vehicle. BrightView currently operates more than
40 treatment facilities in four states; our facilities generate no more traffic, noise, disruption, or other
impact on the surrounding neighborhood than other existing medical facilities treating patients with
different medical conditions. A traffic analysis has been included in this application for additional support.
d. Availability of other similarly zoned properties in the general area and in the City
Other INPUD zoned properties are located approximately 1.5 miles east and 1.9 miles south of the
Property. While there are other INPUD zoned properties throughout the city, we have not identified a
location with availability that fits Brightview's site selection process and satisfies the regulatory
requirements for addiction treatment facilities.
28558/1/10046553v1
►. .w
VIV
BrightView
e. Relationship of the proposed amendment to the City's Comprehensive Plan and the applicable
Neighborhood Plan
BrightView's entry into the community aligns with the strategic and land use planning goals of Roanoke.
BrightView's services are also highly desired by Roanoke's residents. Specifically, the City's most recent
Strategic Plan identifies encouraging human services institutions to provide "a caring and compassionate
community assisting individuals and families to achieve self- sufficiency and live healthy lives" as a key
goal. Success toward this goal will be measured by, among other things, reducing the rates of death due
to overdose. https://www.roanokeva.gov/DocumentCenter/ View /14907 /Roanoke- City- Council-
Strategic -Plan- 2020- 2021pdf Moreover, BrightView's proposed the use of the subject property for health
care services aligns with both Roanoke's Comprehensive Plan, Vision 2001 — 2020, and the Williamson
Road Area Plan. In close proximity to the Plantation and Liberty Road intersection, this property satisfies
the Williamson Road Area Plan strategic initiative to build on and improve existing development. The
property is located in close proximity to hospitals, clinics and other health care facilities. Finally, in the
most recent survey of Roanoke's citizens, increasing job opportunities, reducing crime and reducing illegal
drug problems were all identified as among the most important things the City could do to make Roanoke
a better place to live. https: / /www.roanokeva.gov /DocumentCenter / View /14913 /City -of- Roanoke -2019-
Citizen- Surveypdf BrightView's addition to the community will address all of these goals.
28558/1/10046553v1
b.. -•r
VIF
BrightView
In accordance with the City of Roanoke's application requirements, we have enclosed the required
application materials and application fee. BrightView is excited to establish its newest location in the City
of Roanoke. Thank you in advance for your consideration and please do not hesitate to contact me to
further discuss any of the application materials. I look forward to working with you and other
representatives of the City of Roanoke regarding these applications.
Sincerely,
/Q/ m e vcmqqz°
Mike DiMaggio
Vice President of Development
BrightView, LLC
28558/1/10046553v1
WHAT DOES BRISHTVIEW DO?
BrightView is an outpatient addiction medicine practice based on clinical best practices. Through
the use of medical treatment in conjunction with psychological and social services, BrightView
offers the necessary support to help patients meet their mental, emotional, and physical goals. To
do this, we adhere to the medical model of addiction, recognizing that it needs to be treated on
the biological, psychological, and social levels.
WHAT SUBSTANCE USE DISORDERS DO WE TREAT?
We treat people with any chemical addiction including the following:
• Alcohol • Benzodiazepines • Cocaine
• Ecstasy • Heroin • Marijuana/THC
• Methamphetamines /amphetamine • Pain pills /other opioids
WHAT TYPES OF INSURANCE DO WE ACCEPT?
BrightView accepts all Kentucky Medicaid, Medicare, and most private insurance policies. To confirm if your insurance
is accepted by BrightView, please visit our website to see the latest list of insurance we accept.
HOW TO SCHEDULE YOURSELF OR REFER A PATIENT
Please call our 24/7 access line at 1.833.510.HELP (4357) to speak with a live Patient Access Specialist or schedule
online at www.BrightViewHeatth.com for more information. We also accept walk -ins until 3pm on weekdays.
BrightView Mrs
• Outpatient Medication Assisted Treatment (MAT)
• Medical stabilization for opioids
• Individual and group counseling
• Telemedicine
Same day and next day scheduling
• Peer recovery support services
• Medical assessments by licensed providers Louisville"
• Case management
Heglderson
.11 Iiih.
Madisonville
Phone:1.833.510.HELp ax: brighriiewhealth.com
Location open and
accepting Patients
Erlanger O oo lion opening
= ��estview Hills
Georgetown
Paris
Lexingt0-1cholaswille
Glasgow
'London
lSNTG•ti'e�' Rrr 2 +2C
In an effort to standardize the spectrum of addiction treatment, the American Society of Addiction Medicine (ASAM) defines
4 broad levels of care for patients with Substance Use Disorder.' Understanding this continuum of care is critical because
research shows that putting a patient in the wrong level of care can actually result in worse outcomes for that individual.
Outpatient Intensive Residential inpatient
Outpatient 001))
No matter where a patient starts on the continuum, they need ongoing treatment and recovery support to ensure
maximum chances of long -term success. Research consistently demonstrates the longer a patient is engaged, the more
positive the outcome.
This means that every single patient needs outpatient care continuation regardless of what level they enter treatment. In
fact, from the latest evidence, we know that only 1 in 5 patients need residential or inpatient, and often patients do just as
well by being placed in IOP. Importantly, 'Detox' alone does not work, and must be part of a continuum to be successful for
patients."
ION are an important part of the continuum of care for substance use disorders. They are
as effective as inpatient treatment for most individuals. Public and commercial health plans
should consider 10P services as a covered health benefit. Standardization of the elements
j included in ION may improve their quality and effectiveness.
i 'Substance Abuse Intensive Outpatient Programs. Assessing the Evidence' -- Dennis McCarty et al Psychiatric Services 2014 65.6, 718 -726
A key factor to recovery is 'social and community support' .° Outpatient treatment gives the patient an opportunity and time
to start building a sober community, allowing for consistent interactions with other sober people to develop relationships
and share similar experiences.
Healing from addiction is a life -long journey. Choosing the right
treatment program is the road map for sustained success.
Outpatient treatment balances structure with autonomy and offers:
• A multidisciplinary approach to treatment incorporating evidence -based curriculum
for best outcomes
• Flexibility while still providing high standard of care
• Levels of outpatient care that afford an individual varying degrees of structure and
scheduling
• Less disruption of everyday life allowing individuals the opportunity to maintain
work, school, family, and other commitments
Development of coping mechanisms and practical application in existing
environment
• Highly effective modality that focuses on techniques for overcoming addiction —
cognizant acceptance
• Relapse prevention, education and healthy peer interaction
• Cost savings over residential treatment services with the same level of effectiveness
• A continuing care approach that recognizes that intervention and support must be
ongoing to facilitate long -term recovery
BrightView provides evidence -based comprehensive treatment starting with 10P and transitioning to
continuing care for as long as the patient needs it. We are happy to partner with residential and inpatient
facilities to establish the full continuum of care that supports patients in the best way possible.
24/7 access line: 833 -510 -HELP
www.BrightViewHealth.com
References
1 hops 11www asamcontmuum org /knowledgebase /what are the asam levels of care!
2 Kakko J Svanborg KD Kieek MI Helig M 1 year retention and social function after buprenorphine assisted rerapse prevention treatment for heroin dependence to Sweden a randomised. placebo controlled trial
Lancet 2003,361 662 -668
3 Lrebschutz JMI. Crooks D2, Herman 03 Anderson 83, Bu JI. Meshesha LZ4. Dossabhoy S2 Stein M3 Buprenorphtne treatment tot hospitalized oproid dependent patients a randomized clinical trial JAMA Intern
Med 2014 Aug,174(8)1369 76 doi 1010077)amainternmed 2014 2556
4 Pathways to Long Term Recovery. 2007Laudet Savage b Mahmood
Office: 1 8i`, i10 h' !P Fax: 1833 51O W9 brightviewhealth.com
WHAT DOES BRIGHTVIEW DO?
BrightView is an outpatient addiction medicine practice based on clinical best practices.
Through the use of medical treatment in conjunction with psychological and social services,
BrightView offers the necessary support to help patients meet their mental, emotional, and
physical goals. To do this, we adhere to the medical model of addiction, recognizing that it
needs to be treated on the biological, psychological, and social levels.
WHAT SUBSTANCE USE DISORDERS DO WE TREAT?
We treat people with any chemical addiction including the following-
• Alcohol • Benzodiazepines • Cocaine
• Ecstasy • Heroin • Marijuana/THC
• Methamphetamines /amphetamines • Pain pills /other opioids
WHAT TYPES OF INSURANCE DO WE ACCEPT?
BrightView accepts ali Oh;o Medicaid, Medicare, and most private insurance policies. To confirm if your insurances accepted by BrightView,
please visit our home page to see the latest list of insurance we accept.
HOW TO SCHEDULE YOURSELF OR REFER A PATIENT
Please call our 24/7 access line at 1.833.510.HELP (4357) to speak with a live Patient Access Specialist or visit our
website www.BrightViewHealth.com for more information. We also accept walk -ins until 3pm on weekdays.
Bra hMew Ofts
• Outpatient Medication Assisted Treatment (MAT)
• Medical stabilization for opiates, alcohol, and other drugs
• Individual and group counseling
• Specialized groups for pregnant moms, families, and LGBTQA+
• Case management
• OTP (onsite pharmacy)
• Peer recovery support services
• Medical assessments by licensed providers
• Teleheatth
• Same day and next day scheduling
Fairfield /V� Chillicothe
■..��e76/ MafgA Wilmington
�A1�OAT11fW1,1IT talar>sa
a 9atavia
° M ,
XMINTIM"MULCON 0..Gteorgetown
Po►� th
Phone 833 si0
1: 1833 510 4329 k.4 htv' h C h
PiquaSpringfield Columbus Newark
�` 00 %Zanesville
Whitehall'
Dayton
0
a . , nq few ea .eom
0 Maw
OLocation open and
accepting patients
0 Location opening
soon
mUG- 122- Manetta Rev O&M
0
OAshtabula
Toledo
Warren
Akron
/�
v
V
/�
Lima 0 V Mansfield O
Youngstown
Canton
0 Marion 0
Dover
PiquaSpringfield Columbus Newark
�` 00 %Zanesville
Whitehall'
Dayton
0
a . , nq few ea .eom
0 Maw
OLocation open and
accepting patients
0 Location opening
soon
mUG- 122- Manetta Rev O&M
PROVEN RESULTS:
Understanding Outcomes - Driven, Comprehensive Addiction Treatment
It is impossible to overstate the positive impact of effective
addiction treatment on individuals and society. The value of
transforming individual lives is immeasurable, with benefits
extending far beyond the patient who has substance use
disorder (SUD) into the lives of loved ones and entire
communities.
Within communities, successful addiction treatment
substantially reduces the demand on emergency medical
services and healthcare organizations, while simultaneously
decreasing the burden on local law enforcement, court
systems, and jails.'
Effective addiction treatment also reduces both costs related
to unreimbursed medical care and public assistance benefits
by helping patients better navigate the healthcare
system and secure employment and housing.
Outcomes data gathered by best in class treatment provider
BrightView replicates data from the National Institute on Drug
Abuse.zHeadquatered in Cincinnati, BrightView is leading the
way in effective treatment modalities and is currently providing
care to more than 12,000 patients throughout Ohio, Kentucky,
Virginia and Delaware using a comprehensive harm- reductionist,
biopsychosocial model of care.
BrightView collected and analyzed outcomes data from
patients in its evidence -based substance use disorder care
programs and found that treatment was found to decrease
• Consumption of illicit substances
and alcohol
• Anxiety and depressive disorders
• Emergency Department utilization
• Unemployment
• Length of incarceration
• New arrests /recidivism
Equally important, the positive results BrightView patients
experience are maintained at a year of treatment and beyond.
Ongoing care builds significantly on these initial improvements.
After 90 days with
BrightView, patients report
9 O% more than a 50% decrease
in alcohol consumption,
with many patients
achieving abstinence.
BrightView patients report
a nearly 50% increase in
engagement with regular
TY medical providers (ex. primary
care) after 90 days in treatment.
BETTER QUALITY OF LIFE
BrightView's outcomes analysis reveals
dramatic, measurable improvement in
people's lives, including substantial
reductions in drug and alcohol use,
unemployment, depression, and anxiety.
Illicit Substance Use: Decreased 70%
In the first 90 days of treatment,
BrightView patients decrease consumption
of illicit substances by an average of 70 %,
with many patients achieving complete
abstinence. P -value less than 0.0001.
This outcome is considered by many
as one of the most important indicators
of successful substance use disorder
treatment.
Alcohol Use: Decreased 50%
BrightView patients report an average
50% reduction in their alcohol consumption
within the first 90 days of treatment, and
many patients abstain from alcohol entirely.
P -value less than 0.0001.
Unemployment: Decreased 50%
Within 6 months of initiating treatment
at BrightView, unemployment among
patients decreased by more than 50 %.
As part of the organization's commitment NevebtductIOWN -K043 7Y 0D18sN -3.669 6Un ewN -1,910 9 Months: N -1,474 1Yearr.:N- 297
to helping patients achieve long- lasting NPHascnre aW Score
recovery, BrightView focuses on assisting
patients in job- readiness training, resume - building, and connecting them with local social service organizations
to help secure stable employment, housing, food allowances, and access to transportation.
BAM RESULTS
UmbtdaUion: N- 15,158 316osWc N -4,761 61.V-'M -2,693 9Y- Nn:N -i"d iYeer -:M -5,061
e Protective Store =no Risk Score amma Substance Use Score Protscsve -Risk Oesa
PHO AND GAD RESULTS
Anxiety and Depression: Decreased
Mental health disorders such as depression and anxiety can contribute to SUD diagnoses and /or worsen symptoms
of a pre- existing, co- occurring diagnosis. Based on the response measurements gathered from a standardized
Patient Health Questionnaire (PHQ) and the Generalized Anxiety Disorder (GAD) scale, BrightView patients
reported reduced anxiety and depression in their first 90 days of treatment, along with better sleep.
P -value below 0.0001.
ACCURATELY MEASURING RESULTS
Statistical validity is key for scientific research. Two variables fundamental to statistically valid research include:
Sample size (n): simply means the research must be conducted across a large enough group to ensure
validity of any outcome trends to a larger population. Generally speaking, a larger sample size leads to
greater validity and a reduced margin of error. BrightView's outcome variables are collected from the
experiences of more than 12,000 patients across 30 outpatient addiction treatment centers in two states.
Statistical Significance (p- value): Determining causality involves evaluating a potential relationship and /or
effect that one variable may have on another. A p -value refers to the statistical significance of a relationship
between two variables. A p -value lower than 0.05 between two variables demonstrates a very high likelihood
that one variable produced the resulting change in the second. In BrightView's published data, treatment
outcomes are well below this threshold.
BrightView 12
DECREASED EMERGENCY DEPARTMENT USE,
INCREASED PREVENTATIVE AND ROUTINE HEALTHCARE
Emergency Departments (ED) have become the default source of medical care for individuals with substance use
disorders. In fact, nearly half of all ED visits can be categorized as related to SUD.6 Patients present seeking SUD
treatment, withdrawing from substances, with other complications of their disease, such as injection- related
infections.
Identifying untreated substance
use disorder in the Emergency
Department enables providers to
identify, diagnose, and triage patients
with SUD to life - saving, specialty
addiction medicine care.
Despite overwhelming supportive
evidence, the adoption of SUD
treatment initiation programs within
Emergency Departments has been
slow, with few EDs in the U.S.
offering treatment.'
A 2019 survey of emergency
physicians from one health system
found that only one in five had
completed the mandatory X- waiver
training, one -third had ordered
buprenorphine for individuals with
OUD in the past three months, and
less than 30% felt confident clinically
to initiate buprenorphine treatment."
Initiating treatment within the ED
and establishing an immediate
follow -up referral appointment
improves outcomes for individuals
with SUDS. Implementing these
programs can be facilitated more
easily if referral networks of readily
accessible outpatient community
providers and treatment programs
are established.
HEALTHCARE UTILIZATION: THE PAST 6 MONTHS
New induction N - 16,126 1 Months N - 2,900 6 Months N -1,788 9 Months N -1,759 1 Year- N - 4701
sER Visils ®Hospital Visits - - -- Regular Care Vists
CRIMINAL JUSTICE INVOLVEMENT: THE PAST 6 MONTHS
New induction N- 16,!26 7 Months N -2,900 6Months N -1,7"8 9 Months N -1,759 1 Year- N -4701
®NumberofATests Days mJail
Smooth transitions to successful outpatient treatment programs are crucial to break the cycle of Emergency
Department over - utilization. BrightView patients engaged in treatment have demonstrated both reduced visits
to Emergency Departments and increased participation in routine and preventative healthcare.
50% Reduction in ED Visits
In their first 90 days of treatment, BrightView patients reduce emergency department visits by one - third.
After one year of sustained treatment, the reduction in visits climbs to 50 %. An associated p -value below
0.00001 indicates that BrightView's program yields this change.
Increased Engagement with Non - Emergent Medical Care Providers
Within their first 90 days of treatment, BrightView patients increase their participation with non- emergent
medical providers such as primary care physicians, medical specialists, and dentists by nearly 50 %. This rise
in care participation is partially due to patients routinely engaging with a medical professional as part of their
addiction treatment, with referrals to other healthcare providers as indicated.
DECREASED INCARCERATION AND FEWER ARRESTS
Criminal justice statistics detail a punitive national policy approach to substance use disorder in the United States.
Research estimates that 65% percent of our nation's current prison population has an active SUD. Another 20%
do not meet the official criteria for an SUD but were under the influence of drugs or alcohol at the time of their
crime.9 In 2016, more than 1.5 million Americans were arrested for a drug- related offense. Every minute, there are
two arrests for drug possession in the United States.
The financial burden attributed to the criminalization of substance use and substance use disorder is crippling.
The National Drug Intelligence Center INDIC) estimates the annual cost of drug - related crime in the U.S. is greater
than $61 billion, with the criminal justice system cost making up $56 billion of that total. to
In 2016, Ohio and Kentucky alone spent more than $73 million on arrests, court proceedings, and incarceration
for drug- related criminal offenses. 11 To combat surging drug- related incarceration and criminal justice costs,
BrightView provides comprehensive, evidence -based care to help patients overcome substance use disorder and
help communities heal. Effective substance use disorder treatment offers marked reductions in length of incarceration,
new arrests, and recidivism.
Arrests: Decreased 60%
BrightView patients decrease arrests by nearly 60% in the first 90 days of treatment.
With a p -value less than 0.00001, the impact of successful treatment on arrests is
unmistakable.
Incarceration Length: 70% Reduction
Within the first 3 months of treatment, patients' time spent in jail declines by nearly Over the first 90 days
70 %. P -value less than 0.00001. in our program, time spent
in jail decreases by nearly
The benefits of these reductions to communities are especially promising given that 70% for BrightView patients.
local governments are responsible for almost 50% of criminal justice costs nationally. 12
WHY MEASURING AND BENCHMARKING
OUTCOMES MATTER SO MUCH
Surprisingly, according to
SAMHSA's most recent
National Survey of Substance wp%
Abuse Treatment Services
(N- SSATS), only 10% of
addiction treatment
provider facilities follow
the scientific literature
and have opioid treatment
programs (OTP) on -site.
Worse yet, only 66% of addiction treatment providers
nationally accept Medicaid with an abysmal 36% taking
Medicare.13
Patients with substance use disorder are overwhelming
emergency departments, the justice system, and service
agencies. States and counties are being forced to
reallocate budgets in response.
To break the cycle of addiction, patients must be
directed to evidence -based treatment providers
with proven, statistically valid outcomes. The personal,
societal, and governmental costs of addiction are too
high to rely on untested or outdated treatment
methodologies.
BrightView 14
REFERENCES
1. National Institute on Drug Abuse (2020) https: / /www druaabuse gov /publications/principles-
drug- addiction - treatment - research - based - guide- third - edition /frequently- asked - questions/
drug- addiction - treatment - worth - its -cost
2. Ibid
3. National Institute on Drug Abuse (2017). Trends & Statistics
4. Substance Abuse and Mental Health Services Administration (SAMHSA). Behavioral Health
Treatments and Services; samhsa.gov/ treatment /substance- use - disorders
5. Adelmann, PK. (2003) Mental and substance use disorders among Medicaid recipients:
prevalence estimates from two national surveys. https: / /pubmed.ncbi.ntm.nih gov/14756195/
6. Drug Abuse Warning Network (2010), Highlights of the 2010 drug abuse warning network
findings on drug- related emergency department visits, http: / /archive.samhsa.gov /data /2kl2/
DAWN096 /SR096EDHighlights2010.htm
7. Substance Abuse and Mental Health Services Administration (2021), Use of Medication -
Assisted Treatment in Emergency Departments, https: / /store.samhsa.gov /sites /default /files /SAM-
HSA Digital Download /pep2l -pl- guide -5 pdf and Ali, M. M., & Mutter, R. https: / /www.ncbi.ntm.
nih.gov /books /NBK355361/
8. Lowenstein, M., et al, (2019), Barriers and Facilitators for Emergency Department Initiation
of Buprenorphine: A Physician Survey, The American Journal of Emergency Medicine, httos: //
pubmed.ncbi.nlm.nih.gov /30803850
9. Ibid
10. U.S. Department of Justice, National Drug Intelligence Center, National Drug Threat
Assessment 2011, httos://www.'ustice-gov/archive/ndic/pubs44/44849/44849p.pd
11. Betz, M., et al. (2019) The Economic Costs of the American Drug Crisis in Six Appalachian
States: A Rural /Urban Comparison, https: / /cpb -us- w2.wpmucdn com /u osu edu /dist/2/14548/
files /2020 /06 /Release -copy- pdf
12. O'Neill Hayes, T. American Action Forum (2020), The Economic Costs of the U.S. Criminal
Justice System, https://www.americanactionforum org/ research /the- economic - costs- of -the-
u-s- criminal - justice- system/
13. Substance Abuse and Mental Health Services Administration, National Surrey of Substance
Abuse Treatment Services (2018) https: / /www.samhsa.gov /data /sites /default /files /cbhsq- reports/
NSSATS- 2018.pdf
On August 12, 2021, BrightView sent letters to the following surrounding properties and
businesses:
Roanoke Sprinkler Inc. Leadership
1334 7th St NE, Roanoke, VA 24012
711 Pocahontas, LLC Leadership
711 Pocahontas Ave NE, Roanoke, VA 24012
Abal Material Handling Leadership
1401 Plantation Rd NE, Roanoke, VA 24012
Foot Levelers Inc. Leadership
518 Pocahontas Ave NE, Roanoke, VA 24012
Planta, LLC Leadership
PO Box 384, Roanoke, VA 24003
Trevilian Inc. Leadership
1325 7th St NE, Roanoke, VA 24012
28 58/ 1 / 1004603 7v 1
12 Sunnen Dr. Suite 100
St. Louis, MO 63143
314.821.1100
C�O�[�G°QCrv10C��
August 17, 2021
City of Roanoke
Transportation Department
1802 Courtland Road NE
Roanoke, VA 24012
RE: Traffic Analysis for 1345 Plantation Road NE Roanoke, VA 24012
Hello,
This traffic analysis is to assess the traffic impact of the proposed development located at 1345
Plantation Road NE Roanoke, VA 24012, and determine if a full traffic study is required. The
proposed development consists of one 5,078 SF building to be converted to a drug and alcohol
rehabilitation clinic as part of an interior renovation. Also, the existing parking lot will be
expanded for the installation of additional parking spaces to accommodate the new use. The
typical traffic projected for this site consist of mainly employee traffic in the early morning and
late afternoon with regular client in and out traffic throughout the day. Walking traffic to the site
is not anticipated to increase as a result of the change in use of the site.
The below tables represent the proposed base use, AM peak, and PM peak traffic trips generated
as illustrated in the ITE — 1011h edition guidelines for a 5,078 SF Medical Clinic (ITE Code 630).
The proposed site does not exceed 1000 daily visits, nor does it exceed 100 hourly visits in its peak
hours. Therefore, it is recommended that a full traffic study not be required for this site.
Regards,
Connor Endres
Civil Engineer
connor.endres@thecdcompanies.com
The CASCO Diversified Corporation Companies
cAsco CUWUL R15 =§ FACET
Trip Generation
Rate
Range of Rate
Total Trips
Generated
Average Daily Total Trips
38 per 1,000 sf
25-86
193
AM Peak Hourly Trips
5 per 1,000 sf
2-15
25.4
PM Peak Hourly Trips
4.6 per 1,000 sf
1.4-17 j
23.4
The proposed site does not exceed 1000 daily visits, nor does it exceed 100 hourly visits in its peak
hours. Therefore, it is recommended that a full traffic study not be required for this site.
Regards,
Connor Endres
Civil Engineer
connor.endres@thecdcompanies.com
The CASCO Diversified Corporation Companies
cAsco CUWUL R15 =§ FACET
ZTOVZ VA'3AONVOH
11 1� '-, - --m 7, 1-1 -, I . --- r�
0 svo IN ON NOliViNVll S1,11
AA]lAiH9lH
0
O
0
R
_j
LU
<
Z
7 Z -Z
C)
U
< <
g
fl-
00
0
LLJ
L:-L
<
LU
0
0
<
LLJ
>
I
<
Li-i
cl-
0
c)
Ln
62
(Y)
o
o
FZ
co0
co
co
<
1 1-11 . ztovz vn'3�IONVOa
00 3N 3N Oa NOI ViWd Sb£I
M31n1H91H
�o
�o
;a
LIJ
F-
0
Z
LUJ `:8
�w
W fib§
°o
S =:
D,
z
a
a
z
O
U o
¢ m
U
O °
C)
a
=
u
X
U
aF
Y
2
QF
Y o
M �
3 0
F m
O
N
Z H
¢
m
\ o
\
\
\ U
Z1�
\ O n
\ F n
\ Q D
\ o
wm
sv �
`w
m
9.
o z -
U
i WW
L Z
a o g
U
c�
Z
oa
00
Ym
2 F
66' QI�YZ�H IN 421 NOUV1NVld Sb£i
M3609218
=
5 O
oil
o
i l o° Pico
Wy
�3
Hui,
9
0 - - - -- --
�.
•
woo m
l0 >w
I O I
° b
s
--- - - -�'_ Ay - - --
LI o�
85 to
IIL ilo•
o m H PLL
_ —_
I
� /• "II i - - -I
_ _
O
- I - _tf
W
r
Y
�w I I III I I i it I I
O
° 3 0 LL
w
_
n
�I I
`a
W 0 0
I
a
o W o w
3
- - �
�
/
-
a
b
I\ xxR`\\i
Ong
w 3
_
`.�
_ I
I I I
L WA
I_
I O
J
j
t rc2 Wzo €0�5
o _�_ °s_3m =off cow
I.O- -��I -- -_-
II
O lo' �Atlmy�n °F----------- _lid
.O
O
°
ry
K w � cob 3. � 3 : ° r
VA
j
I __ 3 Ida a» __ _ I _ li � _ _,_•�`�;
�o ��° �3..0 �uaz
n /
O O
ATTACHMENT A
ZONING MAP EXCERPT
1345 Plantation Road NE
OFFICIAL TAX MAP NO. 3043007
Legend
QSubject Property
Zoning
ZONING
AD: Airport Dev
AD( c):Airport Dev
Conditional
- CG: Commercial - General
CG(.): Commercial - General
Conditional
- CLS: Commercial -Large Site
CLS(c): Commercial -Large
Site Conditional
CN: Commercial-
Neighborhood
CN(c): Commercial-
Neighborhood Conditional
MX(c): Mixed Use
Conditional
QMXPUD: Mixed Use Planned
Unit Dev
MXPUD(c): Mixed Use
Planned Unit Dev Conditional
R -12: Res Single - Family
R_ 12(c): Res Single - Family
Conditional
R -3: Res Single - Family
R -3(c): Res Single- Family
Conditional
R -5: Res Single - Family
R -5(c): Res Single - Family
Conditional
R -7: Res Single - Family
R -7(c): Res Single - Family
1. l Conditional
_ D: Downtown
D(c): Downtown Conditional
RA: Res- Agricultural
- 1 -1: Light Industrial
RA(c): Res - Agricultural
Conditional
1 -1 (c): Light Industrial
RM -1: Res Mixed Density
Conditional
- 1 -2: Heavy Industrial
RM -1(c): Res Mixed Density
Conditional
1 -2(c): Heavy Industrial
RM -2: Res Mixed Density
Conditional
—
IN Institutional
RM -2(c): Res Mixed Density
1� lConditional
IN(c): Institutional Conditional
RMF: Res Multifamily
INPUD: Institutional Planned
RMF(c): Res Multifamily
Unit Dev
Conditional
C C INPUD(c): Institutional
ROS: Recreation and Open
Planned Unit Dev Conditional
Space
-IPUD: Industrial Planned Unit
ROS(c): Recreation and
Dev
Open Space Conditional
IPUD(c): Industrial Planned
- UF: Urban Flex
Unit Dev Conditional
UF(c): Urban Flex
MX: Mixed Use
Conditional
Fllodplain Overlay, F
IMAGERY.BIGFOO...
RG B
- Red: Band_?
- Green: Band-2
- Blue: Band-3
N
f�l 7
0 2040 80 Feet
1 inch = 100 feet
CAF,I LI T i
September 1, 2021
Community Leaders,
The purpose of this letter is to state the case of the need to add Bright View Health services to
what our Roanoke Valley has to offer to persons struggling with an opioid addiction.
Unfortunately, at least two percent of our population has an opioid use disorder. In Roanoke
Virginia alone this would translate into 2,000 individuals with a serious disease that needs
evidence -based best practice treatment. Twice that many reside in our metropolitan area and
can best survive their disease through access to treatment.
From what I know of Bright View Services they offer medications for opioid use disorder, the
gold standard of treatment. There is a tremendous gap in our service continuum of care that
places hundreds of persons at risk, due to lack of access to treatment services that are effective
and can prevent tragedies caused by untreated opioid addiction.
Sadly the opioid epidemic is taking more lives than ever as fatal overdoses in the city of
Roanoke rose from 33 in 2019 to 80 in 2020. The trends are indicating that our numbers in
2021 will be even more dire. The sad truth is that we could be preventing death and enhancing
individuals' prospects for good health and productive lives, better public safety, and lower
medical care costs, if we could provide better access to treatment.
I would welcome Bright View Health Services to our community. Their programming is sorely
needed.
Sincerely,
Cheryl W. Hartman
Manager, Office -based Opioid Treatment Program
2017 S Jefferson St Roanoke, VA 24014
AV
RVCR
:�OANQKE VALLEY
COLLECTIVE RESPONSE
-C TH 0P 1D 4ry IDDir-ICti rpl.l.
Dear Roanoke Department of Planning, Building and Development,
COVID -19 has impacted every corner of our society from employment to social gatherings to
medical norms and more, and Substance Use Disorder (SUD) is no different. Since the time of
COVID -19, SUD challenges have dramatically increased. Individuals suffering with SUD have
experienced increased stress, social isolation, and anxiety, leading to record high overdose and
relapse rates. The best way to help our community through this problem is with sustainable and
accessible outpatient treatment, in order to help people maintain sobriety and lead healthy lives.
I write today in support of BrightView. BrightView seeks to open an outpatient facility in Roanoke.
They are a proven outpatient facility with 40+ locations across the State of Ohio, Kentucky,
Delaware, and Virginia. I believe that it is important that our community is home to treatment
facilities accessible to all our residents. We cannot overlook the importance of accessibility of
care. BrightView maintains an immaculate track record for accessible positive community impact.
The Roanoke Valley Collective Response asks that the board approve BrightView's use as an
outpatient treatment center at 1345 Plantation Road. This location will enhance health services
currently located in Roanoke.
BrightView's treatment is a nondisruptive facility and is consistent with services already occurring
in area hospitals. Simply put, it will give the citizens of Roanoke and neighboring communities
greater treatment options.
The BrightView outpatient locations provide individuals with holistic treatment in order to treat
psychological, physical, and social conditions. During outpatient treatment, patients are available
to maintain prior obligations leading to fewer disruptions in their daily lives. It is also highly
accessible to many community members, including those on Medicaid, enabling them to serve a
wide cross - section of our population.
Those of us who work in mental health, the medical community, first - responder services (police
and fire) know that it is vital to have a place to which we can refer individuals who suffer from
substance use disorder. We also know, all too well, that these individuals are our family, friends,
neighbors, and coworkers.
This illness does not discriminate and impacts each of us.
When people become patients of BrightView, they simply visit the facility on a regular basis to
receive treatment and attend group and individual counseling along with case management.
They are carefully monitored. BrightView also provides tele- medicine to accommodate COVID-
19 protocols.
The President, Co- Founder of BrightView and Chief Medical Officer (as well as a founder) Dr.
Shawn Ryan is both an emergency room physician as well as addiction treatment expert. Dr. Ryan
works on both the statewide and national level and has deep experience in diverse communities.
He best understands how to deploy treatment, serve the public and improve the health of the
overall community.
I respect your role as a community leader. I request your support for the future BrightView
location. Please feel free to call me with any questions. Thank you for your consideration.
Organization: Roanoke Valley Collective Response
Name: Emma Howard -Woods
Title: Proiect Manager
Date:? 15 21
Application by BrightView, LLC, to rezone property located at 1345 Plantation
Road NE, bearing Official Tax Map No. 3043007, from 1 -1, Light Industrial District,
to INPUD, Institutional Planned Unit Development District. The land use
categories permitted in INPUD include residential; accommodations and group
living; commercial; industrial; assembly and entertainment; public, institutional
and community facilities; transportation; utility; agricultural; and accessory, with
maximum density as specified on the planned unit development plan. The
comprehensive plan designates the property light industrial /commercial. The
proposed use is outpatient mental health and substance abuse clinic.
The complete application can be viewed on the Planning, Building, & Development
website at http ✓/roanokeva.gov /1088 1Planning- Commission.
The Roanoke City Planning Commission is scheduled to consider the application
described above at its public hearing:
Monday, September 13, 2021, 1:30 p.m.
City Council Chamber — Fourth Floor, Room 450
Noel C. Taylor Municipal Building — 215 Church Avenue SW
All persons wishing to address the Planning Commission must sign -up with the
Secretary to the Planning Commission by emailing planning(a)roanokeva.gov or by calling (540)
853 -1330 by noon, Friday, September 10, 2021. If requested, persons who register to speak
will be provided with information to present their testimony via electronic communication
means. Written comments of interested persons will be received by the Secretary to the
Planning Commission at planning(cDroanokeva.gov on or prior to noon, Friday, September 10,
2021.
According to real estate records, you own property that is adjoining the subject property
or are an interested party. If you care to make any comments concerning this request, you are
welcome to register to speak at the meeting or email your comments to the Secretary to the
Planning Commission, as described above.
To determine if there are changes to the status of this request, please see the agenda
package for the Planning Commission public hearing, which will be posted online at
http: / /roanokeva.gov /1088 /Planning- Commission approximately one week prior to the hearing or
contact me at (540) 853 -1730 for additional information.
Very truly yours,
Tina M. Carr
Secretary to the Planning Commission
Any person with a disability requiring any special accommodation to participate in the meeting
should contact Planning, Building, & Development at (540) 853 -1730.
PLANNING BUILDING AND DEVELOPMENT
Noel C. Taylor Municipal Building
215 Church Avenue SW, Room 170
Roanoke, Virginia 24011
ROA N O K E
Phone: 540-853-1730
Email:
planninga;roanokeva.
August 27, 2021
Dear Adjoining Property Owner and /or Interested Party:
Application by BrightView, LLC, to rezone property located at 1345 Plantation
Road NE, bearing Official Tax Map No. 3043007, from 1 -1, Light Industrial District,
to INPUD, Institutional Planned Unit Development District. The land use
categories permitted in INPUD include residential; accommodations and group
living; commercial; industrial; assembly and entertainment; public, institutional
and community facilities; transportation; utility; agricultural; and accessory, with
maximum density as specified on the planned unit development plan. The
comprehensive plan designates the property light industrial /commercial. The
proposed use is outpatient mental health and substance abuse clinic.
The complete application can be viewed on the Planning, Building, & Development
website at http ✓/roanokeva.gov /1088 1Planning- Commission.
The Roanoke City Planning Commission is scheduled to consider the application
described above at its public hearing:
Monday, September 13, 2021, 1:30 p.m.
City Council Chamber — Fourth Floor, Room 450
Noel C. Taylor Municipal Building — 215 Church Avenue SW
All persons wishing to address the Planning Commission must sign -up with the
Secretary to the Planning Commission by emailing planning(a)roanokeva.gov or by calling (540)
853 -1330 by noon, Friday, September 10, 2021. If requested, persons who register to speak
will be provided with information to present their testimony via electronic communication
means. Written comments of interested persons will be received by the Secretary to the
Planning Commission at planning(cDroanokeva.gov on or prior to noon, Friday, September 10,
2021.
According to real estate records, you own property that is adjoining the subject property
or are an interested party. If you care to make any comments concerning this request, you are
welcome to register to speak at the meeting or email your comments to the Secretary to the
Planning Commission, as described above.
To determine if there are changes to the status of this request, please see the agenda
package for the Planning Commission public hearing, which will be posted online at
http: / /roanokeva.gov /1088 /Planning- Commission approximately one week prior to the hearing or
contact me at (540) 853 -1730 for additional information.
Very truly yours,
Tina M. Carr
Secretary to the Planning Commission
Any person with a disability requiring any special accommodation to participate in the meeting
should contact Planning, Building, & Development at (540) 853 -1730.
BAUMAN SCOTT W & KATHY H 711 POCAHONTAS LLC PLANTA LLC
5585 S ROSELAWN 824 MUSE RD PO BOX 384
ROANOKE, VA 24018 FINCASTLE, VA 24090 ROANOKE, VA 24003
FOOT LEVELERS INC
PO BOX 12611
ROANOKE, VA 24027
TREVILIAN INC
570 REDBUD HILL RD
ROCKY MOUNT, VA 24151
GROWTHWORKS HOLDINGS LLC
1334 7TH ST NE
ROANOKE, VA 24012
ARG D151PCK001 LLC
%AR GLOBAL INVESTMENTS LLC
NEWPORT, RI 02840
1345 PLANTATION LLC
3401 WHITESIDE ST NE
ROANOKE, VA 24012
TAXI D
2250120
2250121
2240104
2250101
2250106
2250107
2250109
2250110
2360101
2360102
2370101
2370101
2370102
2370102
2370103
2370103
2370108
2370111
2370112
2370113
2370115
SFHA Firm Panel Communit. Floodway Assessmen PropertyAr PropertyU� LegalDescr MailAddre! Mail City MailState
IN 51161C0lE0130
51161C0lE0130
51161C0lE0130
51161C0lE0130
51161C0lE0130
51161C0lE0130
IN 51161C0lE0130
IN 51161C0lE0130
51161C0lE0130
51161C0lE0130
51161C0lE0130
51161C01E0130
51161C0lE0130
51161C0lE0130
51161C0lE0130
51161C0lE0130
51161C0lE0130
51161C0lE0130
51161C0lE0130
652
0.2346 460 -Comm UNITA S 190 E STACALLEN TX
652
0.3104 460 -Comm UNIT B S 500 STAPLE FRAMINGH MA
FLOODWA` 670
14.4610 151 - Vacanl NEW LOT 1 PO BOX 14 ROANOKE VA
652
9.7105 400 -Comm LOT 2 0, PO BOX 94 MINNEAPC MN
652
4.5708 400 -Comm NEW LOT 1 C/O BLUE (HARRISON NY
652
3.5293 400 -Comm LOT 3C % PETSMAI PHOENIX AZ
652
1.7359 4460 -Comr PARENT PA 500 STAPLE FRAMINGH MA
652
1.5293 400 -Comm NEW LOT 3 ATTN: LI YC NEW YORK NY
FLOODWA` 211
33.6959 100 - Vacanl TRACT 2 (� 204 S JEFFE ROANOKE VA
FLOODWA` 211
4.5018 151- Vacani TRACT 1 (4 PO BOX 14 ROANOKE VA
652
10.2370 451 -Comm LOT 4 BA PO BOX 14 ROANOKE VA
652
10.2370 451 -Comm LOT 4 BA PO BOX 14 ROANOKE VA
652
20.3544 400 -Comm TRACT B -1 PO BOX 80 BENTONVII AR
652
20.3544 400 -Comm TRACT B -1 PO BOX 80 BENTONVII AR
652
12.0000 400 -Comm 12.00 ACRE C/O ESL IN` HOFFMAN IL
652
12.0000 400 -Comm 12.00 ACRE C/O ESL IN` HOFFMAN IL
652
14.7361400 -Comm PARCEL 7A 2030 HAM CHATTANC TN
652
0.3289 140 -Comm 0.334 ACRE 2030 HAM CHATTANC TN
652
1.7325 140 -Comm RESERVE P, 2030 HAM CHATTANC TN
652
0.9872 400 -Comm NEW TRAC 5200 BUFF ATLANTA GA
652
1.0740 400 -Comm TRACT B -2 1801 SW 3 MIAMI FL
MailZip
75002
01705
24007
55440
10528
85027
01705
10002
24011
24007
24007
24007
72716
72716
60179
60179
37421
37421
37421
30349
33129
LocalAddre LocalCity LocalZip
4731 VALLI ROANOKE
4727 VALLI ROANOKE
0 COURT S- ROANOKE
4737 VALLI ROANOKE
4707 VALLI ROANOKE
4749 VALLI ROANOKE
VALLEY VIE ROANOKE
4765 VALLI ROANOKE
0 SOUTHSII ROANOKE
0 SOUTHSII ROANOKE
4412 HUFF ROANOKE 24012
4412 HUFF ROANOKE 24012
4807 VALLI ROANOKE
4807 VALLI ROANOKE
4812 VALLI ROANOKE
4812 VALLI ROANOKE
4802 VALLI ROANOKE
0 HERSHBE ROANOKE
0 HERSHBE ROANOKE
4805 VALLI ROANOKE
4801 VALLI ROANOKE
Ownerl Owner2 Zoning
AVE ROAN(AVE ROAM
USR REAL E USR REAL E
CITY OF RO CITY OF RO ROS
DAYTON HI DAYTON HI CLS
REKLAW VI REKLAW VI CLS
4749 VALLI 4749 VALLI CLS
USR REAL E USR REAL E CLS
C &D PROPI C &D PROPI CG
KATHERINE KATHERINE RA
CITY OF RO CITY OF RO RA
CITY OF RO CITY OF RO ROS
CITY OF RO CITY OF RO ROS
WAL MART WAL MART CLS
WAL MART WAL MART CLS
TF ROANOI TF ROANOI CLS
TF ROANOI TF ROANOI CLS
VALLEY VIE VALLEY VIE CLS
VALLEY VIE VALLEY VIE CG
VALLEY VIE VALLEY VIE CLS
CHICK -FIL -) CHICK -FIL -E CG
FRONTIER ( FRONTIER ( CLS
Assessmen LanclValue Improvem(TotalValue YearBuilt BuildingTyr Stories
06/30/202 631700
1285100
1916800
1998
General Re 1
01/01/202 862400
1442900
2305300
1998
General Re 1
01/01/202 386200
0
386200
06/30/202 3311300
8153400
11464700
1998
Regional Dil
01/01/202 2625100
3210400
5835500
1999
General Re 1
06/30/202 2090200
1701300
3791500
1998
General Re 1
01/01/202 0
0
0
1998
General Re 1
01/01/202 1429000
836600
2265600
1999
Resturant:(1
01/01/202 404400
0
404400
01/01/202 98100
0
98100
01/01/202 1003300
118100
1121400
01/01/202 1003300
118100
1121400
2016
Restroom 11
01/01/202 6940600
10408900
17349500
1995
Regional Dil
01/01/202 6940600
10408900
17349500
2017
Classrooms 1
02/19/202 4091800
3336900
7428700
1985
Mall Anchc 3
02/19/202 4091800
3336900
7428700
2010
Resturant:(1
01/01/202 5024800
61499400
66524200
1985
Regional S12
01/01/202 199700
0
199700
01/01/202 1500
0
1500
01/01/202 922400
1129700
2052100
2001
Fast Food F1
01/01/202 905900
1825200
2731100
2005
Neighborh(1
ExteriorDe! Finished5iz Foundatior STRUCTURI LowerSplitl Lowe rFinisl TotaIRoom Total Bedro Attic
AtticFin BasementA BasementF RoofStyle
10223
Fire Resistz
0
None
1
13519
Fire Resistz
0
None
1
119867
Fire Resistz
0
None
1
45638
Fire Resistz
0
None
1
26040
Fire Resistz
0
None
1
24101
Fire Resistz
0
None
1
6648
Wood Fran
0
None
1
200
Fire Resistz
0
None 1
206978
Fire Resistz
0
None 1
3010
Fire Resistz
0
None 1
156964
Reinforced
0
None 1
8351
Wood Fran
0
None 1
437578
Fireproof S
0
None 1
4718
Fire Resistz
0
None 1
10874
Fire Resistz
0
None
RoofCover HeatingTyp CentralAir TwoFixture ThreeFixtui FourFixturE Five Fixture AttachedG; DetachedG AttachedCz BasementC Enclosed Pc OpenPorch
0 sf N
0 sf N
0 sf N 528
45638 sf N
0 sf N 540
0 sf N 525
6648 sf N
0 sf N
0 sf N 648
0 sf N
142384 sf N
0 sf N
437578 sf N 159
0 sf N
10874 sf N
Wood Deck Otherlmpri Otherimpr( Otherlmpr( Otherimpri LastSaleDa LastSaleAmt
09/21/201 1649667
09/12/201'10
01/04/200.0
09/03/199'2587520
10/31/201:4968687
11/13/2010
09/12/20110
Cold Stora€
02/19/20212350000
07/21/20210
04/06/198:0
Tennis Cou
07/04/17710
Commerciz CONCP
07/04/17710
Commerciz Commerciz Stg.
10/31/19910
10/31/19910
Commerciz
02/08/201,7400000
Mech Rm
02/08/201,7400000
07/01/20110
07/01/20110
07/01/20110
Stg. Drive Up - Commerciz Commerciz 03/24/2001590000
Commerciz Drive Up - `
05/06/200' 1020500
CITY OF ROANOKE - PDB
Attn TINA CARR
215 CHURCH AVE
ROOM 166
ROANOKE, VA 24011
Date
09/16/2021
Category
Legal Notices
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
Description
Ad Size
PUBLIC HEARING NOTICE Any public hearings advertised he 1 x 144 L
Publisher of the
Roanoke Times
Account Number
6011439
Date -�
September 27, 2021
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 An was published in said newspapers on the
following dates:
08/31, 09/0712021
The First insertion being given ... 08/31/2021
Newspaper reference: 0001253667
Billing Representative
Total Cost
1.383.28
Sworn to and subscribed before me this 27th Day of September 2021
Notary Pubic
Kimberly Kay Harris
State of Virginia NOTARY PUBLIC
County of Hanover Commonwealth of Virginia
My Commission expires Reg. No. 356753
fission Exp. Jan. 31, 2025
THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU
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 SW, Roanoke, Virginia.
This public hearing may be conducted
by electronic communication means
due to the COVID-19 pandemic
disaster. Persons registered to speak
may request information to present
their testimony via electronic
communication means, as described
below. Citizens who register will be
provided information to present their
testimony in person or via electronic
communications means should the
public hearing be conducted by
electronic communications means due
to the COVID -19 pandemic disaster. All
persons shall be afforded an
opportunity to speak and state their
views concerning all aspects of these
matters.
Any applications will be digitally
available for review online at https: //
roanokeva gov /2019 /Commissions or
may be obtained digitally by emailing
planninagroanokeva.gov.
If you are a person with a disability
who needs accommodations for any
public hearings advertised herein,
please contact the City Clerk's Office,
(540)853 -2541, at least five days prior
to the scheduled public hearings.
Cecelia F. McCoy, CMC, City Clerk
The City of Roanoke Planning
Commission will hold a public hearing
on September 13, 2021, at 1:30 p.m., or
as soon thereafter as the matter may
be heard, to consider the following
matter. All persons wishing to address
the Planning Commission must sign -up
with the Secretary to the Planning
Commission byemailing planning@
roanokeva.gov or by calling (540)853-
1330 by noon, Friday, September 10,
2021. If requested, persons who
register to speak will be provided with
information to present their testimony
via electronic communication means.
Written comments of interested
persons will be received by the
Secretary to the Planning Commission
at planningaproanokeva.gov by noon,
Friday, September 10, 2021.
Application by BrightView, LLC, to
rezone property located at 1345
Plantation Road NE, bearing Official
Tax Map No. 3043007, from 1.1, Light
Industrial District, to INPUD,
Institutional Planned Unit Development
District. The land use categories
permitted in INPUD include residential;
accommodations and group living;
commercial; industrial; assembly and
entertainment; public, institutional and
community facilities; transportation;
utility; agricultural; and accessory,
with maximum density as specified on
the planned unit development plan.
The comprehensive plan designates
the property light industrial/
commercial. The proposed use is
outpatient mental health and
substance abuse clinic.
Application by CFT NV Developments,
LLC, to rezone a portion of the property
located at 4807 Valley View Boulevard
NW, bearing Official Tax Map No.
2370102, from CLS, Commercial -Large
Site District, to MXPUD, Mixed Use
Planned unit Development District,
subject to the Development Plan that
specifies location of building and
infrastructure, site access, and building
design. The land use categories
permitted in MXPUD include
residential; accommodations and
group living; commercial; industrial;
warehousing and distribution;
assembly and entertainment; public,
institutional and community facilities;
transportation; utility; agricultural; and
accessary, with a maximum density as
specified on the planned unit
development plan. The comprehensive
plan designates the property large
scale commercial. The proposed use is
eating establishment and drive -
through facility.
Tina M. Carr, Secretary, City Planning
Commission
City Council will hold a public hearing
on the aforesaid matters on September
20, 2021, at 7:00 p.m., or as soon
thereafter as the matter may be heard,
in the city Council Chamber, fourth
floor, Room 450, Noel C. Taylor
Municipal Building, 215 Church Avenue
SW, Roanoke, Virginia. All persons
wishing to address City Council may
sign -up online at www.roanoke va.ciov/
council. In order to sign up, the form to
speak before city Council may be
accessed under the tab "Sign Up Form
to Speak Before Council" on the left of
the screen. Sign up forms must be
received by 12:00 noon on Monday,
September 20, 2021. In the event the
public hearing is conducted by
electronic communication means due
to the COVID -19 pandemic disaster,
you will be notified by the City Clerk's
Office. For further information, you
may contact the Office of the City Clerk
at(540)853 -2541.
Cecelia F. McCoy, CMC, City Clerk
(1253667)
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 SW, Roanoke, Virginia.
This public hearing may be conducted by electronic communication means due to the COVID -19
pandemic disaster. Persons registered to speak may request information to present their
testimony via electronic communication means, as described below. Citizens who register will
be provided information to present their testimony in person or via electronic communications
means should the public hearing be conducted by electronic communications means due to the
COVID -19 pandemic disaster. All persons shall be afforded an opportunity to speak and state
their views concerning all aspects of these matters.
Any applications will be digitally available for review online at
htts_ roanoke�a.� -ov 2019 Commissions or may be obtained digitally by emailing
�lanllln�.;�U roanUkC�ti.��o�.
If you are a person with a disability who needs accommodations for any public hearings
advertised herein, please contact the City Clerk's Office, (540)853 -2541, at least five days prior
to the scheduled public hearings.
Cecelia F. McCoy, CMC, City Clerk
The City of Roanoke Planning Commission will hold a public hearing on September 13, 2021,
at 1:30 p.m., or as soon thereafter as the matter may be heard, to consider the following matter.
All persons wishing to address the Planning Commission must sign -up with the Secretary b the
Planning Commission by emailing pl�l' 11g! e roanokcv a.,go% or by calling (540)853 -1330 by
noon, Friday, September 10, 2021. If requested, persons who register to speak will be provided
with information to present their testimony via electronic communication means. Written
comments of interested persons will be received by the Secretary to the Planning Commission at
�la�lin,��t roanuke��a.� u� by noon, Friday, September 10, 2021.
Application by BrightView, LLC, to rezone property located at 1345 Plantation Road NE,
bearing Official Tax Map No. 3043007, from I -1, Light Industrial District, to INPUD,
Institutional Planned Unit Development District. The land use categories permitted in INPUD
include residential; accommodations and group living; commercial; industrial; assembly and
entertainment; public, institutional and community facilities; transportation; utility; agricultural;
and accessory, with maximum density as specified on the planned unit development plan. The
comprehensive plan designates the property light industrial /commercial. The proposed use is
outpatient mental health and substance abuse clinic.
Application by CFT NV Developments, LLC, to rezone a portion of the property located at 4807
Valley View Boulevard NW, bearing Official Tax Map No. 2370102, from CLS, Commercial -
Large Site District, to MXPUD, Mixed Use Planned Unit Development District, subject to the
Development Plan that specifies location of building and infrastructure, site access, and building
design. The land use categories permitted in MXPUD include residential; accommodations and
group living; commercial; industrial; warehousing and distribution; assembly and entertainment;
CECELIA F. MCCOY, CMC
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: elerkCa roanokeva.gov
September 7, 2021
Jonathan D. Puvak, Esquire
Gentry Locke Attorneys
10 Franklin Road, Suite 900
Roanoke, Virginia 24011
Dear Mr. Puvak:
CECELIA T. VI'EBB, CMC
Deputy City Clerk
A public hearing has been advertised to be heard by the City Planning Commission
on Monday, September 13 at 1:30 p.m. in regard to your request on behalf of
BrightView, LLC, to rezone property located at 1345 Plantation Road NE, from Light
Industrial District to Institutional Planned Unit Development District ( INPUD). The land
use categories permitted in INPUD include residential; accommodations and group
living; commercial; industrial; assembly and entertainment; public, institutional and
community facilities; transportation; utility; agricultural; and accessory, with maximum Public
density as specified on the planned unit development plan. (See copy of
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 20 at 7:00 p.m., 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 Monday, September 13.
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.
Sincerely,
Cecelia F. McCoy, CMC
City Clerk
Enclosure
c: Mike DiMaggio, Vice President of Development, BrightView, LLC, 625 Eden Park
Drive, Suite 525, Cincinnati, Ohio 45202
Tina Carr, Secretary to the City Planning Commission
CECELIA F. MCCOY, CHIC
Citv 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: clerks roanokeva.gov
September 7, 2021
Dear Ladies and Gentlemen:
CECELIA T. WEBB, CMC
Depute CRN Clerk
A public hearing has been advertised to be heard by the City Planning Commission
on Monday, September 13 at 1:30 p.m. in regard to a request by BrightView,
LLC, to
rezone property located at 1345 Plantation Road NE, from Light Industrial District to
Institutional Planned Unit Development District ( INPUD). The land use categories
permitted in INPUD include residential; accommodations and group living; commercial;
industrial; assembly and entertainment; public, institutional and community facilities;
transportation; utility; agricultural; and accessory, with maximum density as specified on
the planned unit development plan. (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 20 at 7:00 p.m., 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 Monday, September 13.
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.
Sincerely,
Cecelia F. McCoy, CIVIC
City Clerk
Enclosure
c: Tina Carr, Secretary to the City Planning Commission
Adjoining Property Owners and Interested Parties
September 7, 2021
Page 2
pc: Scott W. and Kathy H. Bauman, 5585 S Roselawn, Roanoke, Virginia 24018
711 Pocahontas LLC, 824 Muse Road, Fincastle, Virginia 24090
Planta, LLC, P. O. Box 384, Roanoke, Virginia 24003
Foot Levelers, Inc., P. O. Box 12611, Roanoke, Virginia 24027
Growthworks Holdings, LLC, 1334 7th Street, N. E., Roanoke, Virginia 24012
1345 Plantation, LLC, 3401 Whiteside Street, N. E., Roanoke, Virginia 24012
Trevilian, Inc., 570 Redbud Hill Road, Rocky Mount, Virginia 24151
ARG D151 PCK001 LLC, c/o AR Global Investments, LLC, Newport,
Rhode Island 02840
CAAACAO7 QPD9 wnrn_nnre_4RRndn14nFFr1
Department of Planning, Building and Development
Room 170, Noel C. Taylor Municipal Building
215 Church Avenue, S.W.
Roanoke, Virginia 24011
Phone: (540) 853 -1730
Filing Date: July 28, 2021
❑ Rezoning, Not Otherwise Listed
Submittal Number: Original Application
❑ Rezoning, Conditional
x❑ Rezoning to Planned Unit Development
❑ Establishment of Comprehensive Sign Overlay District
Address: 11345 Plantation Road, NE, Roanoke, Virginia
Official Tax No(s).: 3043007
Click Here to Print
❑ Amendment of Proffered Conditions
❑ Amendment of Planned Unit Development Plan
❑ Amendment of Comprehensive Sign Overlay District
Existing
❑ Without Conditions
Ordinance
Zoning:
[1-1, Light Industrial
❑ With Conditions
No(s). (If
❑ Planned Unit Development
applicable):
Requested
❑ Without Conditions
Proposed
Outpatient mental heath and
Zoning:
INPUD, Institutional Planned Unit Developme
❑ With Conditions
Land Use:
substance abuse clinic /See
Z Planned Unit Development
Development Plan
Name: 1345 Plantation, LLC Phone Number: +1 (540) 769 -9783
Address: 3401 Whiteside Street, N.E., Roanoke, Virginia 24012 E -mail: chriszz1616 @gmail.com
E-77,
Name: BrightView, LLC Phone Number: +1 (847) 849 -7170
by 625 Eden Park Drive, Suite 525 Cincinnati, OH 45202 E -mail: m.dimaggio @brightviewhe
Mt
ApM anrs SW eture: -
Name: Gentry Locke, Jon Puvak, Esq. Phone Number: +1 (540) 983 -9399
Address: 10 Franklin Road, Suite 900, Roanoke, Virginia 24011 E -mail: puvak@gentrylocke.com
on
r� Ann+mnt
Completed application form and checklist.
Written narrative explaining the reason for the request.
Metes and bounds description, if applicable.
Filing fee.
Ci Concept plan meeting the Application Requirements of item'2(c)' in Zoning Amendment Procedures.
For trnt a�osbed,ted:
F 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
'development plan' if proffered.
For, tt 4 ° _ ... the follo"Ixn00 be subm d
YDevelopment plan meeting the requirements of Section 36.2 -326 of the City's Zoning Ordinance.
For' 1t1USt 00a
F Comprehensive signage plan meeting the requirements of Section 36.2- 336(d)(2) of the City's Zoning Ordinance.
For i
ill i �' tr tl ter ng must. also a rnitted:
'77f 7
Amended development or concept plan meeting the Application Requirements of item '2(c)' in Zoning Amendment Procedures,
r if applicable.
Written proffers to be amended. See the City's Guide to Proffered Conditions.
I- Copy of previously adopted Ordinance.
For, a per, ew nt oWdmwd, the Now* must *0 be submitted:
F- Amended development plan meeting the requirements of Section 36.2 -326 of the City's Zoning Ordinance.
Copy of previously adopted Ordinance.
For a aoatpn . stw kihMalso be 'submitted:
F- Amended comprehensive signage plan meeting the requirements of Section 36.2- 336(d) of the City's Zoning Ordinance.
F' Copy of previously adopted Ordinance.
For a.proposal Modes s -mac impact study be suWy t#ed to V* City, the tolomi ft must Wso be sub d:
F- A Traffic Impact Study in compliance with Appendix B -2(e) of the City's Zoning Ordinance.
For a proposal -thy tequhts a #Wft impact atnalysls be submitted to VDOT, the #ollowi►g must also be submitted:
F- sheet.
F- impact analysis.
F- Concept plan.
F- Proffered conditions, if applicable.
i 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.
U..
VW
BrightView
July 26, 2021
Mr. Phillip Moore
Zoning Administrator
City of Roanoke
Department of Planning, Building and Development
Room 170, Noel C. Taylor Municipal Building
215 Church Avenue, SW
Roanoke, Virginia 24011
Re: Written Narrative
BrightView — Outpatient Mental Health and Substance Abuse Clinic
1345 Plantation Road, NE, Tax No: 3043007 (the "Property")
Dear Mr. Moore:
Please accept this narrative in support of BrightView Health's rezoning and special exception applications.
BrightView is proposing to rezone the Property to INPUD and obtain a special exception to operate an
outpatient mental health and substance abuse clinic. Permitted uses for the INPUD district include:
Outpatient mental health and substance abuse clinic
Laboratory, dental, medical, or optical
- Laboratory, testing and research
Medical clinic
Office, general or professional
a. Description of proposed use and development of the Property
BrightView intends to operate an Outpatient Mental Health and Substance Abuse Clinic on the Property.
BrightView's mission is to provide patient- focused, evidence - based, high quality care to individuals with
Substance Use Disorder ( "SUD "). This care is provided in an accepting and welcoming environment, free
of stigma, utilizing a holistic treatment model combining medical interventions (including Medication
Assisted Treatment ( "MAT ")) with psychological and social services to treat the whole person and
maximize the potential for recovery.
The Property is ideally located to serve the target population. BrightView will invest approximately
$450,000 in interior renovations at the Property to transform the currently vacant structure into a high -
quality medical and clinical facility. BrightView uses the highest quality finishes (see below) to ensure the
look and feel of our facilities is consistent throughout all 40+ of the Company's locations.
U. 10
VW
BrightView
Internal Waiting Room I Internal Hallway I Doctor's Office
There are no plans to make any significant exterior modifications to the building. When fully operational,
BrightView will create at least 10 full -time jobs at the Property. These 10 jobs should support a full patient
census at which point BrightView anticipates 7 patients onsite at any given time. At capacity, the full
parking load for the center will be 17 spots.
b. Justification for the change
The requested zoning change and special exception are justified because the properties from which
BrightView can lawfully operate are extremely limited by applicable law. Unlike other medical facilities,
professional offices and similar uses, Roanoke's zoning ordinance restricts Outpatient Mental Health and
Substance Abuse Clinics to only the Planned Unit Development and Commercial General districts. Further,
in those districts, the City's Zoning Ordinance requires a special exception before the use will be
permitted. In addition, Virginia law currently prohibits facilities providing SUD treatment from being
located within one -half mile of any school or daycare facility. Code of Virginia § 37.2- 406(A). As the
attached map demonstrates, these restrictions severely limit the available properties within the City of
Roanoke from which BrightView can lawfully operate. In addition, BrightView's facilities are typically
between 4,000 and 6,000 square feet in size, require sufficient parking, and we prefer to operate in single -
use locations further restricting the number of available locations. BrightView's proprietary site selection
process and conversation with key leaders has identified this location as most accessible for potential
patients in the community.
BrightView
BrightView also requests the rezoning and special exception in order to provide much - needed treatment
to an underserved patient population. The opioid epidemic continues to ravage the United States, and
the demand for MAT services is continuously increasing. Like nearly every other state, Virginia has a
significant population that suffers from SUD and has seen skyrocketing numbers of fatal drug overdoses
in recent years. Between 2015 and 2020, overdose deaths in Virginia have increased by 123 %, climbing
41% in the last year alone. In the same period, the percentage of all drug overdose deaths involving opioids
grew from 79% to 83 %. Overdose deaths attributable to synthetic opioids have increased a staggering
636% since 2015 and increased 72% in 2020 alone. Unfortunately, the COVID -19 pandemic led to a
resurgence in addiction and overdoses with 2020 setting grim new records. The second quarter of 2020
represented the largest number of fatal drug overdoses (647) ever seen in Virginia, coinciding with the
beginning of the precautionary national shutdown. Roanoke is in the top 5 for highest overdose death
rates throughout Virginia.
These trends make it more urgent than ever to support state of the art treatment Brightview provides —
and Brightview has a demonstrated record of success. Brightview's patients have a 70% decrease in illicit
substance use, 50% decrease in alcohol consumption, 90% decrease in jail time, 70% decrease in arrests,
50% decrease in unemployment, 40% decrease in feelings of depression, 60% decrease in hospitalizations,
and 50% decrease in emergency room visits. We have attached a recent White Paper providing more
detail around these positive contributions to the communities we serve, and providing details about our
methodology.
BrightView's treatment services are consistent with the growing health care focus and presence in the
Roanoke region. BrightView has had a myriad of conversations about the need for services with leaders
in the Roanoke community, including Carilion Hospital, City Engagement Manager of Roanoke, Roanoke
Valley Collective Response, Harm Reduction Coalition, Roanoke Health District, Roanoke Valley Hope
Initiative, Department of Corrections Probation District #15, Roanoke City Fire /EMS, Roanoke Drug Court,
► : ...
VIV
BrightView
and Council of Community Services. Dr. Cheri Hartman at Carilion described the problem as "horrendous"
and "the community is in dire need of comprehensive services ". BrightView and its leadership have had
multiple conversations about a formal relationship with Carilion to help combat the SUD crisis in the
community. Phil Cyrus, a reentry officer at the Department of Corrections Probation District #15, stated
that there was an "overwhelming need at all levels for more resources" regarding treatment in Roanoke
and the current providers were not delivering quality care. BrightView intends to partner with all key
leaders in the community and listen to their feedback to become an essential member of the SUD
treatment ecosystem in Roanoke.
c. Effect of the proposed amendment on the surrounding neighborhood (e.g. traffic generation)
The proposed amendment will have little to no effect on the surrounding businesses. All services will be
provided inside the building. BrightView's patients will not be loitering outside the building, lined up
outside the center, or cause traffic congestion on Plantation Road or surrounding streets. The Property
has ample parking for all patients and employees and the business will operate only during normal
working hours (8am — 5pm). BrightView currently operates more than 40 treatment facilities in four
states; our facilities generate no more traffic, noise, disruption, or other impact on the surrounding
neighborhood than other existing medical facilities treating patients with different medical conditions.
d. Availability of other similarly zoned properties in the general area and in the City
Other INPUD zoned properties are located approximately 1.5 miles east and 1.9 miles south of the
Property. While there are other INPUD zoned properties throughout the city, we have not identified a
location with availability that fits BrightView's site selection process and satisfies the regulatory
requirements for addiction treatment facilities.
%,. .d
VVF
BnghtView
e. Relationship of the proposed amendment to the City's Comprehensive Plan and the applicable
Neighborhood Plan
BrightView's entry into the community aligns with the strategic and land use planning goals of Roanoke.
BrightView's services are also highly desired by Roanoke's residents. Specifically, the City's most recent
Strategic Plan identifies encouraging human services institutions to provide "a caring and compassionate
community assisting individuals and families to achieve self- sufficiency and live healthy lives" as a key
goal. Success toward this goal will be measured by, among other things, reducing the rates of death due
to overdose. https: / /www.roanokeva.gov /DocumentCenter / View /14907 /Roanoke - City- Council-
Strategic -Plan- 2020- 2021pdf Moreover, BrightView's proposed the use of the subject property for health
care services aligns with both Roanoke's Comprehensive Plan, Vision 2001 — 2020, and the Williamson
Road Area Plan. In close proximity to the Plantation and Liberty Road intersection, this property satisfies
the Williamson Road Area Plan strategic initiative to build on and improve existing development. The
property is located in close proximity to hospitals, clinics and other health care facilities. Finally, in the
most recent survey of Roanoke's citizens, increasing job opportunities, reducing crime and reducing illegal
drug problems were all identified as among the most important things the City could do to make Roanoke
a better place to live. https: / /www.roanokeva.gov /DocumentCenter / View /14913 /City -of- Roanoke -2019-
Citizen- Surveypdf BrightView's addition to the community will address all of these goals.
In accordance with the City of Roanoke's application requirements, we have enclosed the required
application materials and application fee. BrightView is excited to establish its newest location in the City
of Roanoke. Thank you in advance for your consideration and please do not hesitate to contact me to
VIV
BnghtView
further discuss any of the application materials. I look forward to working with you and other
representatives of the City of Roanoke regarding these applications.
Sincerely,
lal WAe Dftt"&
Mike DiMaggio
Vice President of Development
BrightView, LLC
WHAT DOES BRIGHTVIEW DO?
BrightView is an outpatient addiction medicine practice based on clinical best practices. Through
the use of medical treatment in conjunction with psychological and social services, BrightView
offers the necessary support to help patients meet their mental, emotional, and physical goals. To
do this, we adhere to the medical model of addiction, recognizing that it needs to be treated on
the biological, psychological, and social levels.
WHAT SUBSTANCE USE DISORDERS DO WE TREAT?
We treat people with any chemical addiction including the following:
• Alcohol • Benzodiazepines • Cocaine
• Ecstasy • Heroin • Marijuana/THC
• Methamphetamines /amphetamine • Pain pills /other opioids
WHAT TYPES OF INSURANCE DO WE ACCEPT?
BrightView accepts all Kentucky Medicaid, Medicare, and most private insurance policies. To confirm if your insurance
is accepted by BrightView, please visit our website to see the latest list of insurance we accept.
HOW TO SCHEDULE YOURSELF OR REFER A PATIENT
Please call our 24/7 access line at 1.833.510.HELP (4357) to speak with a live Patient Access Specialist or schedule
online at www.BrightViewHeatth.com for more information. We also accept walk -ins until 3pm on weekdays.
BrightView Offers
• Outpatient Medication Assisted Treatment (MAT)
• Medical stabilization for opioids
• Individual and group counseling
• Telemedicine
• Same day and next day scheduling
• Peer recovery support services
• Medical assessments by licensed providers
• Case management
Henderson
Location open and
accepting patients
O Location opening
Erlanger tview Hills' ` soon
Georgetown
Louisville% Paris
Lexington
icholasville
3Madisonville
Glasgow London
Phone:1.833.510.HELP Fax: 1.833.510.4329 brightviewhealth.com
MXT6-12241 Rev 2 .21
In an effort to standardize the spectrum of addiction treatment, the American Society of Addiction Medicine (ASAM) defines
4 broad levels of care for patients with Substance Use Disorder.' Understanding this continuum of care is critical because
research shows that putting a patient in the wrong level of care can actually result in worse outcomes for that individual.
Outpatient Intensive Residential Inpatient
Outpatient (IOP)
No matter where a patient starts on the continuum, they need ongoing treatment and recovery support to ensure
maximum chances of long -term success. Research consistently demonstrates the longer a patient is engaged, the more
positive the outcome.
This means that every single patient needs outpatient care continuation regardless of what level they enter treatment. In
fact, from the latest evidence, we know that only 1 in 5 patients need residential or inpatient, and often patients do just as
well by being placed in IOP. Importantly, 'Detox' alone does not work, and must be part of a continuum to be successful for
patients."
t i
10Ps are an important part of the continuum of care for substance use disorders. They are
as effective as inpatient treatment for most individuals. Public and commercial health plans
should consider I0P services as a covered health benefit. Standardization of the elements
included in 10Ps may improve their quality and effectiveness.
'Substance Abuse Intensive Outpatient Programs. Assessing the Evidence'— Dennis McCarty et ai Psychiatric Services 2014 65:6.718 -726
A key factor to recovery is 'social and community support'.' Outpatient treatment gives the patient an opportunity and time
to start building a sober community, allowing for consistent interactions with other sober people to develop relationships
and share similar experiences.
Healing from addiction is a life -long journey. Choosing the right
treatment program is the road map for sustained success.
Outpatient treatment balances structure with autonomy and offers:
• A multidisciplinary approach to treatment incorporating evidence -based curriculum
for best outcomes
• Flexibility while still providing high standard of care
• Levels of outpatient care that afford an individual varying degrees of structure and
scheduling
• Less disruption of everyday life allowing individuals the opportunity to maintain
work, school, family, and other commitments
• Development of coping mechanisms and practical application in existing
environment
• Highly effective modality that focuses on techniques for overcoming addiction —
cognizant acceptance
• Relapse prevention, education and healthy peer interaction
• Cost savings over residential treatment services with the same level of effectiveness
• A continuing care approach that recognizes that intervention and support must be
ongoing to facilitate long -term recovery
BrightView provides evidence -based comprehensive treatment starting with IOP and transitioning to
continuing care for as long as the patient needs it. We are happy to partner with residential and inpatient
facilities to establish the full continuum of care that supports patients in the best way possible.
ASAM Level
of Care Level 3 & 4
Level 2 & I
InteI nsive Ou i Continuing Care
ft
Treatment Residentiatvs
Site Hospital /Detox
J
fthghtView
24/7 access line: 833.510 -HELP
www.BrightViewHealth.com
References
I naps i7wwwasamcontinuum orglknowledgebaselwhat are the a5am levels of carer
? KakkoJ Svanbofg KD Kreek MJ Heerg M I year retention and social function after buprenorphtne assisted relapse prevention treatment for heroin dependence in Sweden a randomised, placebo controlled trial
Lancet 2003, 361 662 -668
3 Llebfchutz JMl. Crooks D2. Herman 03, Anderson 83, Tsui J1, Meshesha LZ4, Dossabhoy 52, 5te n M3 8uprenorphme treatment for hospitalized. opioid dependent patients a randomized canfcal trial JAMA Intern
Med ?014Au9A,4 {81136976 doi 101001ILamainternmed20142556
4 Pathways ro i ong term Recovery 2007Laudet Savage b Mahmood
(3thca '
1 fax .' brightviewhealth.com
WHAT DOES BRIGHTVIEW DO?
BrightView is an outpatient addiction medicine practice based on clinical best practices.
Through the use of medical treatment in conjunction with psychological and social services,
BrightView offers the necessary support to help patients meet their mental, emotional, and
physical goals. To do this, we adhere to the medical model of addiction, recognizing that it
needs to be treated on the biological, psychological, and social levels.
WHAT SUBSTANCE USE DISORDERS DO WE TREAT?
We treat people with any chemical addiction including the following-
• Alcohol • Benzodiazepines • Cocaine
• Ecstasy • Heroin • Marijuana /THC
• Methamphetamines /amphetamines • Pain pills /otheropioids
WHATTYPES OF INSURANCE DO WE ACCEPT?
BrightView accepts ail Oho Medicaid, Medicare, and most private insurance policies. To confirm if your insurance is accepted by BrightView,
Please visit our home page to see the latest list of insurance we accept.
HOW TO SCHEDULE YOURSELF OR REFER A PATIENT
Please call our 24/7 access tine at 1.833.510.HELP (4357) to speak with a live Patient Access Specialist or visit our
website www.BrightViewHealth.com for more information. We also accept walk -ins until 3pm on weekdays.
BrightView Offers
• Outpatient Medication Assisted Treatment (MAT)
• Medical stabilization for opiates, alcohol, and other drugs
• Individual and group counseling
• Specialized groups for pregnant moms, families, and LGBTQA+
a Case management
• OTP (onsite pharmacy)
• Peer recovery support services
• Medical assessments by licensed providers
• Telehealth
a Same day and next day scheduling
1.833.510111 X4357)
TO FIND A LOCATI10N NEAR"Ill VISIT
OUR WEBSITE: BRIONIVIEMINEALTMOM
Phone: 18335.10 Fax: 1833,510 4329 brightviewhealth.com
0
0
Ashtabula
Toledo
Warren
Akron ko
0 Mansfield
Youngstown
0 Canton
lima 0
0 Marion
0 Dover
Plquao Springfield
Columbus Newark
0yy�
0
Whitehalzanesville
Dayton
Fairtield 0
Chillicothe
Mariana
\J
a
Mason," Wilmington
Cok�rain
BataYla
-- - - - - --
CMcinnatl
h location open and
V
Georgetown
accepting patients
i
0 location opening
Soon
Portsmouth
_
«MTGL22-Manetta fieY (,j 21
PROVEN RESULTS:
Understanding Outcomes - Driven, Comprehensive Addiction Treatment
It is impossible to overstate the positive impact of effective
addiction treatment on individuals and society. The value of
transforming individual lives is immeasurable, with benefits
extending far beyond the patient who has substance use
disorder (SUD) into the lives of loved ones and entire
communities.
Within communities, successful addiction treatment
substantially reduces the demand on emergency medical
services and healthcare organizations, while simultaneously
decreasing the burden on local law enforcement, court
systems, and jails.'
Effective addiction treatment also reduces both costs related
to unreimbursed medical care and public assistance benefits
by helping patients better navigate the healthcare
system and secure employment and housing.
Outcomes data gathered by best in class treatment provider
BrightView replicates data from the National Institute on Drug
Abuse.2 Headquatered in Cincinnati, BrightView is leading the
way in effective treatment modalities and is currently providing
care to more than 12,000 patients throughout Ohio, Kentucky,
Virginia and Delaware using a comprehensive harm -reduction ist,
biopsychosocial model of care.
BrightView collected and analyzed outcomes data frorn
patients in its evidence -based substance use disorder care
programs and found that treatment was found to decrease
Consumption of illicit substances
and alcohol
• Anxiety and depressive disorders
• Emergency Uepa!tment utilization
• Unernployment
• Length of incarceration
• New arrests /recidivism
Equally important, the positive results BrightView patients
experience are maintained at a year of treatment and beyond.
Ongoing care builds significantly on these initial improvements.
After 90 days with
5 BrightView, patients report
0% more than a 50% decrease
in alcohol consumption,
with many patients
achieving abstinence.
BrightView patients report
a nearly 50% increase in
engagement with regular
medical providers (ex. primary
care) after 90 days in treatment.
BETTER QUALITY OF LIFE
BrightView's outcomes analysis reveals
dramatic, measurable improvement in
people's lives, including substantial
reductions in drug and alcohol use,
unemployment, depression, and anxiety.
Illicit Substance Use: Decreased 70%
In the first 90 days of treatment,
BrightView patients decrease consumption
of illicit substances by an average of 70 %,
with many patients achieving complete
abstinence. P -value less than 0.0001.
This outcome is considered by many
as one of the most important indicators
of successful substance use disorder
treatment.
Alcohol Use: Decreased 50%
BrightView patients report an average
50% reduction in their alcohol consumption
within the first 90 days of treatment, and
many patients abstain from alcohol entirely.
P -value less than 0.0001.
Unemployment: Decreased 50%
Within 6 months of initiating treatment
at BrightView, unemployment among
patients decreased by more than 50 %.
As part of the organization's commitment New6t6ucd*m N- 16,0.3 3611wtlm N -sp69 6Nnnum N -1,919 9Months: N -1,134 1Yer -:N -5,297
to helping patients achieve long- lasting aP"OSc^m aWScore
recovery, BrightView focuses on assisting
patients in job- readiness training, resume - building, and connecting them with local social service organizations
to help secure stable employment, housing, food allowances, and access to transportation.
BAM RESULTS
New NBadba: N- 15.156 3111.0. N -4,361 6116m111's, N -2,841 6Yon9n:N -1,994 IYer -:N -5,661
agassa Protective Scme weem R,sk Smr6 aaylwa- Substance Use Sco, a Protecwe -Risk Delis
PHO AND GAD RESULTS
Anxiety and Depression: Decreased
Mental health disorders such as depression and anxiety can contribute to SUD diagnoses and /or worsen symptoms
of a pre- existing, co- occurring diagnosis. Based on the response measurements gathered from a standardized
Patient Health Questionnaire (PHQ) and the Generalized Anxiety Disorder (GAD) scale, BrightView patients
reported reduced anxiety and depression in their first 90 days of treatment, along with better sleep.
P -value below 0.0001.
ACCURATELY MEASURING RESULTS
Statistical validity is key for scientific research. Two variables fundamental to statistically valid research include:
Sample size (n): simply means the research must be conducted across a large enough group to ensure
validity of any outcome trends to a larger population. Generally speaking, a larger sample size leads to
greater validity and a reduced margin of error. BrightView's outcome variables are collected from the
experiences of more than 12,000 patients across 30 outpatient addiction treatment centers in two states.
Statistical Significance (p- value): Determining causality involves evaluating a potential relationship and /or
effect that one variable may have on another. A p -value refers to the statistical significance of a relationship
between two variables. A p -value lower than 0.05 between two variables demonstrates a very high likelihood
that one variable produced the resulting change in the second. In BrightView's published data, treatment
outcomes are well below this threshold.
BrightView 12
DECREASED EMERGENCY DEPARTMENT USE,
INCREASED PREVENTATIVE AND ROUTINE HEALTHCARE
Emergency Departments (ED) have become the default source of medical care for individuals with substance use
disorders. In fact, nearly half of all ED visits can be categorized as related to SUD .6 Patients present seeking SUD
treatment, withdrawing from substances, with other complications of their disease, such as injection - related
infections.
Identifying untreated substance
use disorder in the Emergency
Department enables providers to
identify, diagnose, and triage patients
with SUD to life - saving, specialty
addiction medicine care.
Despite overwhelming supportive
evidence, the adoption of SUD
treatment initiation programs within
Emergency Departments has been
slow, with few EDs in the U.S.
offering treatment .7
A 2019 survey of emergency
physicians from one health system
found that only one in five had
completed the mandatory X- waiver
training, one -third had ordered
buprenorphine for individuals with
OUD in the past three months, and
less than 30% felt confident clinically
to initiate buprenorphine treatment.e
Initiating treatment within the ED
and establishing an immediate
follow -up referral appointment
improves outcomes for individuals
with SUD". Implementing these
programs can be facilitated more
easily if referral networks of readily
accessible outpatient community
providers and treatment programs
are established.
HEALTHCARE UTILIZATION: THE PAST 6 MONTHS
New Induction N - 16,126 1 Months N -2,900 6 Months N -1,766 9 Months N -1,759 1 year. N - 4701
early ER Visits ammHosplutiVisas Regular Care Visits
CRIMINAL JUSTICE INVOLVEMENT: THE PAST 6 MONTHS
New Induction N - 16,126 7 Months N - 2.966 6 Months" -1,798 9 Months N - 1,769 1 Year- N -1,701
rsassNumberofArrests Days'nJml
Smooth transitions to successful outpatient treatment programs are crucial to break the cycle of Emergency
Department over - utilization. BrightView patients engaged in treatment have demonstrated both reduced visits
to Emergency Departments and increased participation in routine and preventative healthcare.
50% Reduction in ED Visits
In their first 90 days of treatment, BrightView patients reduce emergency department visits by one - third.
After one year of sustained treatment, the reduction in visits climbs to 50 %. An associated p -value below
0.00001 indicates that BrightView's program yields this change.
Increased Engagement with Non - Emergent Medical Care Providers
Within their first 90 days of treatment, BrightView patients increase their participation with non- emergent
medical providers such as primary care physicians, medical specialists, and dentists by nearly 50 %. This rise
in care participation is partially due to patients routinely engaging with a medical professional as part of their
addiction treatment, with referrals to other healthcare providers as indicated.
DECREASED INCARCERATION AND FEWER ARRESTS
Criminal justice statistics detail a punitive national policy approach to substance use disorder in the United States.
Research estimates that 65% percent of our nation's current prison population has an active SUD. Another 20%
do not meet the official criteria for an SUD but were under the influence of drugs or alcohol at the time of their
crime.9 In 2016, more than 1.5 million Americans were arrested for a drug- related offense. Every minute, there are
two arrests for drug possession in the United States.
The financial burden attributed to the criminalization of substance use and substance use disorder is crippling.
The National Drug Intelligence Center (NDIC) estimates the annual cost of drug- related crime in the U.S. is greater
than $61 billion, with the criminal justice system cost making up $56 billion of that total. to
In 2016, Ohio and Kentucky alone spent more than $73 million on arrests, court proceedings, and incarceration
for drug- related criminal offenses. 11 To combat surging drug- related incarceration and criminal justice costs,
BrightView provides comprehensive, evidence -based care to help patients overcome substance use disorder and
help communities heal. Effective substance use disorder treatment offers marked reductions in length of incarceration,
new arrests, and recidivism.
Arrests: Decreased 60%
BrightView patients decrease arrests by nearly 60% in the first 90 days of treatment.
With a p -value less than 0.00001, the impact of successful treatment on arrests is
unmistakable. a�,_
Incarceration Length: 70% Reduction
Within the first 3 months of treatment, patients' time spent in jail declines by nearly Over the first 90 days
70 %. P -value less than 0.00001. in our program, time spent
in jail decreases by nearly
The benefits of these reductions to communities are especially promising given that 70% for BrightView patients.
local governments are responsible for almost 50% of criminal justice costs nationally. 11
WHY MEASURING AND BENCHMARKING
OUTCOMES MATTER SO MUCH
Surprisingly, according to
SAMHSA's most recent
National Survey of Substance
Abuse Treatment Services
(N- SSATS), only 10% of
addiction treatment
provider facilities follow
the scientific literature
and have opioid treatment
programs (OTP) on -site.
Worse yet, only 66% of addiction treatment providers
nationally accept Medicaid with an abysmal 36% taking
Medicare .13
Patients with substance use disorder are overwhelming
emergency departments, the justice system, and service
agencies. States and counties are being forced to
reallocate budgets in response.
To break the cycle of addiction, patients must be
directed to evidence -based treatment providers
with proven, statistically valid outcomes. The personal,
societal, and governmental costs of addiction are too
high to rely on untested or outdated treatment
methodologies.
BrightView 14
REFERENCES
1. National Institute on Drug Abuse (2020) https: / /www drugabuse .gov/pubtications /principies-
drug- addiction - treatment - research - based - guide- third - edition /frequently- asked - questions/
drug- addiction - treatment - worth - its -cost
2. Ibid
3. National Institute on Drug Abuse (2017). Trends & Statistics
4. Substance Abuse and Mental Health Services Administration (SAMHSA). Behavioral Health
Treatments and Services; samhsa gov/ treatment /substance- use - disorders
5. Adelmann, PK. (2003) Mental and substance use disorders among Medicaid recipients:
prevalence estimates from two national surveys. https://pubmed.ncbi.nim.nih.gov/14756195/
6. Drug Abuse Warning Network (2010), Highlights of the 2010 drug abuse warning network
findings on drug- related emergency department visits, http: / /archive.samhsa.gov /data /2kl2/
DAWN096 /SR096EDHighlights2010.htm
7. Substance Abuse and Mental Health Services Administration (2021), Use of Medication -
Assisted Treatment in Emergency Departments, https: / /store.samhsa.gov /sites /default /files /SAM-
HSA Digital Download /pep2l- pl- quide -5.pdf and Ali, M. M., & Mutter, R. https: / /www.ncbi.nim.
nih.gov /books /NBK355361/
8. Lowenstein, M., et al, (2019), Barriers and Facilitators for Emergency Department Initiation
of Buprenorphine: A Physician Survey, The American Journal of Emergency Medicine, https://
pubmed.ncbi.nlm.nih.gov /30803850
9. Ibid
10. U.S. Department of Justice, National Drug Intelligence Center, National Drug Threat
Assessment 2011, https: / /www.'ustice gov/ archive /ndic /pubs44/44849/44849p.pdf
11. Betz, M., et al. (2019) The Economic Costs of the American Drug Crisis in Six Appalachian
States: A Rural /Urban Comparison, https://cpb-us- w2. wpmucdn .com /u.osu.edu /dist/2/14548/
files /2020 /06 /Release - copy -.pd f
12. O'Neill Hayes, T. American Action Forum (2020), The Economic Costs of the U.S. Criminal
Justice System, https:/ /www.americanactionforum.org / research /the- economic - costs- of -the-
u-s- criminal - justice- system/
13. Substance Abuse and Mental Health Services Administration, National Survey of Substance
Abuse Treatment Services (2018) https: / /www.samhsa.gov /data /sites /default /files /cbhsq- reports/
NSSATS- 2018.gdf
BrightView
DEVELOPMENT PLAN
1345 PLANTATION ROAD NE
ROANOKEI VA 24012
ABBREVIATIONS
VICINITY MAP
CODE DATA SUMMARY
PROJECT DIRECTORY
Z�
O�
�Z
Go— cax,una
L-5 6111
11L 1. �l 1. ad I T'
T —lir l I
I "T
UTILITES
X-1 cl
7
Lei
OZ8�
<
DEVELOPMENT
PLAN
FOOT LEVELERS INC
TAX ID: 3043004
N�
�p0
R
Q
V" Vt\E PPWWONS INC
i34 [ANTAT10NNDNE
Tex id 304300?
,11
fly
`TT
FT
\ 2F,
BRIGHTVIEW
GROWTHWORKS HOLDINGS LLC
TAX ID: 3043005
GENERAL NOTES
..wsE ,a.°fwoiw �NN�,rxN. aE, mE E>'a,NC xKaz
x .�Ew ix,oNwiau mxo.. a vawvaoxa uir m wNEr a.r.Ps
Nm —uN.c �m Mmwowrs. ,xE oEaw -Nen Pwrwn
caxmNaw siwi n. owx Nrrs a omnw xsrxar « xxEn a
aEUamrt. Pnnx Ns Nnw, Pram. No smna ro r•cr rnr
nwxouos, nm sxr� mnm nc .EnsMr PEen rae Pxa,xr Nv
P VEM N IEGENO
BAUMAN SCOTT W & KATHY H
TAX 10: 3041501
Q =TIM
r�
POCAHONTAS AVE NE
711 POCAHONTAS LLC
TAX 10: 3041901
a
d
o
5
/eg]
eM
R
z
0
o=
z,
ory
3 Z>
_ z
0
= 1 Z
z 'o
FOR
REFERENCE
ONLY
DEVELOPMENT
PLAN
RJR DING USES
OUTPATIENT MENTAL HEALTH AND SUBSTANCE ABLSE CLINIC
LABORATORY, DENTAL, MEDIAL, OR OPTICAL
LABORATORY, TESTING, AND RESEARCH
MEDICAL CLINIC
OFFICF, GENERAL OR PROFESSIONAI
CURRENT ZONING. 1 -1
STAR VALLEY PROVISIONS INC
PROPOSED ZONING. INPUD
TAX ID: 3043007
PROPOSED PARKING SPACES 24
V" Vt\E PPWWONS INC
i34 [ANTAT10NNDNE
Tex id 304300?
,11
fly
`TT
FT
\ 2F,
BRIGHTVIEW
GROWTHWORKS HOLDINGS LLC
TAX ID: 3043005
GENERAL NOTES
..wsE ,a.°fwoiw �NN�,rxN. aE, mE E>'a,NC xKaz
x .�Ew ix,oNwiau mxo.. a vawvaoxa uir m wNEr a.r.Ps
Nm —uN.c �m Mmwowrs. ,xE oEaw -Nen Pwrwn
caxmNaw siwi n. owx Nrrs a omnw xsrxar « xxEn a
aEUamrt. Pnnx Ns Nnw, Pram. No smna ro r•cr rnr
nwxouos, nm sxr� mnm nc .EnsMr PEen rae Pxa,xr Nv
P VEM N IEGENO
BAUMAN SCOTT W & KATHY H
TAX 10: 3041501
Q =TIM
r�
POCAHONTAS AVE NE
711 POCAHONTAS LLC
TAX 10: 3041901
a
d
o
5
/eg]
eM
R
z
0
o=
z,
ory
3 Z>
_ z
0
= 1 Z
z 'o
FOR
REFERENCE
ONLY
DEVELOPMENT
PLAN
WALL TYPE LEGEND
FLOOR PLAN KEYED NOTES
GENERAL NOTES
NL MIOM Wl m C Mt . Rn,) uiAxs
Q [OnOx c Q 5'd . 1' -f C014nElE uMUC. enq !0 ND ra xOrt3 liw
O .w0 . ICC650x¢ wRR la F,xYCm MN Q xtY gyp' -� �e' -V CM]Kl[ x[CMWfr M. HAUV
� 55 9!. vrtx rwe[i. xUEn w 0.uxaxc awxCS. rox x[e>.weK [W ; Y x�5'd UrpG�fmxoeurz lOG
� ml`l�nw«""w
i. xu .vo wix DalixG Odplgxe
=No ! f0 wi 'uu Pf1Nd11 AS to rME a
Ntl[vrta � vu1"�Z 00016 Nrt m ec LOartO . -, /T ai
O� -�L O p�„xrx (W611NE R[951Mn .! N! IoMigNS) uv Mlx
/q�pw�sax�I3�NGn�x[ih � .� f� O�x.[. los� OF a M[x. E
O � FYiiwOx AWL � ATV[ x e». (WTUR[ � u xsun. s.
x
Ina+uesl ox f (mom u�l � sous .i IC ne.0 rax
oc. m x xavna wsuAnox Q s6fal�rrc �xu �
�' msiwc m�w1n s/r me 'r e.r. (r6muxc 1 o a eaxnx 1 s/f (:o v_I ecru sews ..
s� wrsio�wms¢.
O msne uxcmry axus wo Ewwsxr �c.m w ucnx.�s ww.wcs wss rwmu . wrtx w xccxurx o..A.us
� � �
� oxr. vcu wu ro euemw swsrxss cros rxexa rw.wc, nnwxc. ua swan As�sou�
�
=r. (2.4 +ssve +rt n�uuxerau parr w w�io me
a eaeusnas.
uif o.c.!!o 'arwoc« a ua . esm..flxvl'�e K� n mm os
�e w. s,we lam ro ruxe.w owo..s.
-rxm.i smoli x w. xmr¢ Isw6o �e -w.lwc .xo
0' s/�r mc'x' cw'�mGxmnxc �.�n .r .cr �oaxroxs�al eom
. 5/� 1��7 rnu una e[rax ants ruu �cicln.
�' •• wm oweus.
� a �� xxmawc xsvom.
0 n� nu pwxliea rrrs
semxmxnu6 �"�[� �� T" 10f'io. �� e,OCxxw
s xsslasae wA m our o-Ir a � ause.rs
� mu�
¢ms o�
sf[
z /u.5 rm ! sv'ia au sr<mx
ro/r laws '.' �n w. (�w6lua x¢6wn u m¢ al[ sa
rmuc
� mm !a aEwrl. nloxow�ar uaw nrtx ca�slxclvx
� c'inzxc. aa' m lew. w¢ ercx an nll ax xlomn na a
��sgx.luw u�o uo ucas�r o6rag
� �'� uuwlec fla¢ texas,
e. cwxa6 is aws z !
ru ruxlnu[
qax
s�r Im�I law mos� ,�o.Nna�,m � a
snos rus xosa. sc x /rA.o wx
0 xn s -v mxmcrz scow. xom w .eo rw xma uo mrss
nu col.um er onm
to r. xrox x,xau6 +c ra colalwaw wlraso an.
s,_v e._f �._f • of
s, -v . z/r . la /r
_ zs' x z __ -
�
Q '
—
d O;
m.
c® of L I I 4 r4>,
X
m I T
CD
x
e
xx' -- - -- - -- - -- - - - - - -�
a ` .axlwax V� �`
e
f. 1�
f �
i I - --
T 0 1
�` I °
r f
y -
L
- -.
CID QRD
-B
•b
,o 0 I
-
— . @
. _ --
FLOOR PLAN
AI.O SCALE. 1/4 - I -V
Q
a
0
6
z
O �
zo
ON
P
3 �>
gx
= O
z
m .'
, yOxISHUF Vf,
�R
FLOOR PLAN
A1.0
ATTACHMENT A
ZONING MAP EXCERPT
1345 Plantation Road NE
OFFICIAL TAX MAP NO. 3043007
Legend
Q Subject Property
MX(c): Mixed Use
Conditional
Zoning
MXPUD: Mixed Use Planned
ZONING
O Unit Dev
AD: Airport Dev
MXPUD(c): Mixed Use
Planned Unit Dev Conditional
C C AD(c): Airport Dev
�� I Conditional
R -12: Res Single - Family
_ CG: Commercial - General
' = ' R_ 12(c): Res Single - Family
Conditional
CG(c): Commercial - General
Conditional
R -3: Res Single - Family
- CLS: commercial-Large Site
R -3(c): Res Single - Family
Conditional
CLS(c): Commercial -Large
Site Conditional
R -5: Res Single - Family
CN. Commercial-
R_ 5(c): Res Single - Family
�� Conditional
Neighborhood
CN(c): Commercial-
R -7: Res Single - Family
Neighborhood Conditional
R -7(c): Res Single - Family
Conditional
- D: Downtown
RA: Res - Agricultural
D(c): Downtown Conditional
RA(c) Res - Agricultural
- 1 -1: Light Industrial
11— l Conditional
I- (c): Light Industrial
RM -1: Res Mixed Density
Conditional
RM -1(c): Res Mixed Density
'
- 1 -2: Heavy Industrial
Conditional
1 -2(c): Heavy Industrial
RM -2: Res Mixed Density
Conditional
_
RM -2(c): Res Mixed Density
��
IN: Institutional
Conditional
IN(c): Institutional Conditional
RMF: Res Multifamily
INPUD: Institutional Planned
RMF(c): Res Multifamily
Conditional
Unit Dev
INPUD(c): Institutional
-�- ROS: Recreation and Open
-'"'``
Planned Unit Dev Conditional
Space
Industrial Planned Unit
F ROS(c): Recreation and
-IPUD:
Dev
fir" Open Space Conditional
IPUD(c): Industrial Planned
- UF: Urban Flex
Unit Dev Conditional
i UF(c): Urban Flex
9,W" MX: Mixed Use
T` Conditional
Fllodplain Overlay, F
IMAGERY.BIGFOO...
RGB
- Red: Band_1
- Green: Band_2
- Blue: Band-3
N
FTTTl7-FTl
0 2040 80 Feet
1 inch = 100 feet
CECELIA F. NICCOY, CHIC
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: clerkCa roanokeva.gov
September 21, 2021
Roger Goldstein, Applicant
CFT NV Developments, LLC
1683 Walnut Grove Avenue
Rosemead, California 91770
Dear Mr. Goldstein:
CECELIA T. WEBB, CMC
Deputy Cite Clerk
I am enclosing copy of Ordinance No. 42164- 092021 rezoning a portion of property
located at 4807 Valley View Boulevard, N. W., from CLS, Commercial -Large Site District
to MXPUD, Mixed Use Planned Unit Development District; subject to the Planned Unit
Development Plan, and as set forth in the Zoning Amendment Amended Application
dated August 20, 2021.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, September 20, 2021, and is in full force and effect
upon its passage.
Sincerely,
J_- V)2'eCl
Cecelia F. McCoy, CMC
City Clerk
Enclosure
PC: Tom Rud, Walmart Real Estate Business Trust, 701 South Walton Boulevard,
Bentonville, Arizona 72716
AVE Roanoke, LLC, 190 East Stacy Road, Suite 306 -167, Allen, Texas 75002
USR REAL ESTATE HOLDINGS LLC, 500 Staples Drive, Farmingham,
Massachusetts 01705
City of Roanoke, Virginia, P. O. Box 1451, Roanoke, Virginia 24007
Dayton Hudson Corporation, P. O. Box 9456, Minneapolis, Minnesota 55440
Reklaw Virginia LLC, Blue Chip Partners, Inc., 192 Lexington Ave, FI 15,
New York, New York 10016 -6823
4749 Valley View, LLC, c/o Petsmart -Lease Admin Department, 19601 N 27th
Ave, Phoenix, Arizona 85027
USR Real Estate Holdings, LLC, 500 Staples Drive, Framingham, Massachuetts
01705
Katherine Huff Trust, 204 S Jefferson Street, Suite 200, Roanoke, Virginia 24011
Roger Goldstein, Applicant
CFT NV Developments, LLC
September 21, 2021
Page 2
Pc: Wal Mart Real Estate Business Trust, P. O. Box 8050, Bentonville, Arizona
72716
Valley View Mall SPE, LLC, 2030 Hamilton Place Boulevard, Suite 500,
Chattanooga, Tennessee 37421
Chick- Fil -A, Inc., 5200 Buffington Road, Atlanta, Georgia 30349
Frontier 0407 Valley View, LLC, 1801 S. W. 3rd Avenue, Suite 500
Miami, Florida 33129
The Honorable Brenda Hamilton, Circuit Court Clerk
Robert S. Cowell, Jr., City Manager
W. Brent Robertson, Assistant City Manager
Jillian Papa Moore, Acting Director, Planning Building & Development
R. Wayne Leftwich, Jr., Planning Commission Agent
Timothy Spencer, City Attorney
Laura Carini, Assistant City Attorney
Susan Lower, Director of Real Estate Valuation
Luke Pugh, City Engineer
Tina Carr, Secretary, City Planning Commission
4��
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of September, 2021.
No. 42164 - 092021.
AN ORDINANCE to rezone a portion of certain property located at 4807 Valley View
Boulevard, N.W., from CLS, Commercial -Large Site District to MXPUD, Mixed Use Planned
Unit Development District; and dispensing with the second reading of this ordinance by title.
WHEREAS, Tom Rud, on behalf of Walmart Real Estate Business Trust, has made
application to the Council of the City of Roanoke, Virginia ( "City Council "), to have a portion of
the property located at 4807 Valley View Boulevard, N.W., bearing Official Tax Map No.
2370102 rezoned from CLS, Commercial -Large Site District to MXPUD, Mixed Use Planned
Unit Development District as the Planned Unit Development Plan, prepared by Casco, Corp.,
dated August 23, 2021, pertains to the parcel bearing Official Tax Map No. 3043007;
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 September 20, 2021, 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 a portion of Official Tax Map No. 2370102, located at 4807 Valley
View Boulevard, N.W., be and is hereby rezoned from CLS, Commercial -Large Site District to
MXPUD, Mixed Use Planned Unit Development District, subject to the Planned Unit
Development Plan, and as set forth in the Zoning Amendment Amended Application dated
August 20, 2021.
2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of
this ordinance by title is hereby dispensed with.
ATTEST:
044'4"� "'�- W"J-
City Clerk.
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: September 20, 2021
Subject: Application by CFT NV Developments, LLC, to rezone a portion of the
property located at 4807 Valley View Boulevard NW, bearing Official
Tax Map No. 2370102, from CLS, Commercial -Large Site District, to
MXPUD, Mixed Use Planned Unit Development District, subject to the
Development Plan that specifies location of building and
infrastructure, site access, and building design.
Summary:
The Planning Commission held a public hearing on September 13, 2021. By a
vote of 6 -0, with Commissioner S. Glenn absent, the Commission recommends
approval of the rezoning request, finding that the Amended Application No.l is
consistent with the City's Comprehensive Plan, Williamson Road Area Plan, and
the Zoning Ordinance as the subject property will be redeveloped in a manner
appropriate to the surrounding area.
Application Information:
Request:
Rezoning to Planned Unit Development
Applicant:
CFT NV Developments, LLC
Owner:
Walmart Real Estate Business Trust
Agent:
Tom Rud, idGROUP
City Staff Person:
Katharine Gray, Land Use and Urban Design Planner
Address:
4807 Valley View Boulevard NW (portion)
Official Tax No:
2370102 (portion)
Site Area:
+/ -0.828 acres
Relevant Plans:
Williamson Road Area Plan
Proposed Land Use:
Eating establishment and drive - through facility
Future Land Use:
Large Scale Commercial
Filing Date:
Original Application: July 26, 2021
Amended Application No. 1: August 20, 2021
Background:
The owner desires to subdivide the parcel, which is not permitted by the
dimensional standards of the CLS, Commercial -Large Site District, because the
newly proposed parcel lacks adequate public street frontage.
The owner has proposed to rezone to MXPUD, Mixed Use Planned Unit
Development District, with a development plan that reflects the proposed
building with new parcel boundaries and a limited number of uses onsite. In a
planned unit development, lots can be subdivided on the private street
designated as "Ring Road."
Proposed Use /Development:
Development regulations for any redevelopment /development of the property
are noted on the development plan and include: a 95 ft. minimum lot frontage,
fa4ade transparency, shared parking, and signage standards. The uses to be
allowed are listed on the development plan.
Considerations:
Compatibility with Surrounding Land Uses:
The property is located within the Valley View Walmart development at Valley View
Mall and is accessed by Valley View Boulevard and Valley View Avenue, a private
road around the mall. The surrounding area consists of a variety of commercial
land uses:
• To the west is an eating and drinking establishment and associated parking
across Valley View Avenue around Valley View Mall.
• To the north are the main entrance from Valley View Boulevard onto Valley
View Avenue and an eating establishment with drive - through facility.
• To the east is parking for the Valley View Walmart and a commercial
building that holds multiple uses (retail sales establishments and an eating
establishment with drive - through facility).
• To the south is the Valley View Walmart and associated parking.
The future land use plan from the Williamson Road Area Plan designates this area
for large scale commercial use.
2
Applicability/Appropriateness of Proposed Zoning District:
The purposes of the MXPUD District are to encourage the orderly development of
mixed residential /commercial sites and to encourage innovative development
patterns that create a desirable environment, particularly for lots which contain a
number of constraints to conventional development. The MXPUD District is
appropriate for this large commercial area that desires a mixture of uses and
development of the underutilized parking area for an active use. This is more
consistent with the city's design principals than the single use with extraneous
parking that exists currently, but has some constraints to further development
based on the limited public street frontage.
Availability of Other Property:
Valley View Walmart owns the property within their existing development and it
is already developed as a large scale shopping center with a large amount of
unutilized parking. The primary motive for the rezoning is to allow for
subdivision of the property to enable a more active use of the property. As
such, there are no other properties immediately adjacent, other than that in the
rezoning request, which are available and zoned to allow this type of
development.
Consistency with Comprehensive Plan:
Both City Plan 2040 and the Williamson Road Area Plan support requiring
redevelopment and development of commercial corridors to appropriately
transition into the surrounding area.
Policy /Action
Plan I Applicability to matter
LBE Policy 4 Action: Require all new
Comprehensive
The MXPUD zoning allows for
and major redevelopment of
Plan', Livable
development of an
commercial corridors and commercial
Built Environ-
underutilized portion of CLS
centers to compliment and transition
ment Theme
property with an active use
well into the surrounding
and form that compliments
neighborhoods.
the mixture of uses within this
commercial center.
Strategic Initiatives
Williamson
This change would allow for
Valley View is an important regional
Road Area
subdivision to occur of an
commercial center. It is a complex
Plan z, pg. 47.
underutilized property,
that clusters a major retail mall, big
bringing in an additional
box retailers, and smaller restaurants
active use. Establishing the
and businesses. For the short term,
PUD creates base design
planning strategies should seek to
standards and are encouraged
make better connections among
in the neighborhood plan.
regional attractions and provide better
City Plan 2040, City of Roanoke, 2020
Z Williamson Road Area Plan, City of Roanoke, 2004
3
Policy /Action Plan Applicability to matter
connections to surrounding
residential areas without inducing cut -
through traffic. This center must be
adaptive and diverse to ensure it has
the ability to respond to changing
markets over the long term. Future
land use should consider a diversity of
uses including residential and office
uses. Because so much of the site is
dedicated to surface parking,
structured parking could be used to
open up space for infill development
as development demands warrant.
Comments on Application:
Planning Commission Work Session:
Several items were discussed at the Planning Commission work session,
including adding additional uses, frontage information, and signage in keeping
with the surrounding area to the plan. Additional information was requested
regarding traffic generated by this use.
The applicant submitted Amended Application No.1 addressing most of the
comments.
Interdepartmental Comments:
General comments were provided from the Western Virginia Water Authority,
Fire, and Planning Building and Development departments related to: water and
sewer availability, fire code design requirements, building and zoning
subdivision requirements, and the permitting process.
Public Comments:
Gilbert Collins, of 903 Hunt Avenue, wrote to say that he fully supported the
request and asked that it be approved as it would provide a good dining
experience for those who enjoy Chinese food.
Public Hearing:
No comments received.
2
Conclusions and Recommendations:
The principal consideration is whether the proposed rezoning is consistent with
City Plan 2040 and the Williamson Road Area Plan. The commercial center at
Valley View Mall has been an important part of the community's development
pattern for many years. The main purpose of the zoning request is to provide a
mechanism to subdivide a large commercial property in a manner to allow
further development of the underutilized parcel. The proposed rezoning to
MXPUD would allow the area to be subdivided into a lot with frontage provided
on the Valley View Mall ring road. The MXPUD will also provide basic
development principals to maintain the basic character of the area as the new
parcel is further developed in the future. Overall, this proposed change is in
keeping with the goals of these plans.
---------------------------
Karri B. Atwood, Chair
City Planning Commission
Enclosure: Attachment A, Zoning District Map
Distribution: Robert S. Cowell, Jr., City Manager
W. Brent Robertson, Assistant City Manager
Chris Chittum, Assistant City Manager
Jillian Moore, Acting Director Planning Building and Development
R. Wayne Leftwich, Jr., Planning Commission Agent
Timothy Spencer, City Attorney
Laura Carini, Senior Assistant City Attorney
Roger Goldstein, CFT NV Developments, LLC
Tom Rud, idGROUP for Walmart Real Estate Business Trust
Tom Rud, idGROUP
5
ZONING DISTRICT MAP
4807 Valley View Blvd NW (portion)
r,:"
Official Tax Parcel: 2370102 (portion)
n"�U
Area to be Rezoned
t
Zoning
,, 237
AD: Airport Dev
- GCs: Gommercial-General
0
�
- CLS: Commerdal-Large Site
�.
GN: Commercial- Neighborhood
D: Downtown
- 41: Light Industrial
- 1-2: Heavy Industrial
IN: Institutional
QINPUD: Institutional Planned Unit Dev
- IPUD: Industrial Planned Unit Dev
MX: Mixed Use
Q NIXPUD: lvlaed Use Planned Unit Dev
R -12: Res Single- Family
R -3: Res Single - Family
R -F: Res Single - Family
R -7 Res Single - Family
RA: Res - Agricultural
RM -1: Res Mixed Density
RM -2: Res Mixed Density
RMF: Res Multifamily
ROS: Recreation and Open Space
- UF: Urban Flex
1.
Conditional Zoning
0 100 200 Feet
i i 1 -- 0 c
cy
yi
I 9y
Attachment A
Or'
' o
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: 8/20/2021
Click Here to Print
Submittal Number: Amended Application No.1 :7�
❑ Rezoning, Not Otherwise Listed
❑ Rezoning, Conditional
x❑ Rezoning to Planned Unit Development
❑ Establishment of Comprehensive Sign Overlay District
Address: 4807 Valley View Blvd Roanoke, VA 24012
Official Tax No(s).: 2370102
❑ Amendment of Proffered Conditions
❑
x Amendment of Planned Unit Development Plan
❑ Amendment of Comprehensive Sign Overlay District
Existing x❑ Without Conditions Ordinance
Zoning: CLS, Commercial -Large Site ❑ With Conditions No(s). (If
❑ Planned Unit Development applicable):
Requested ❑ Without Conditions Proposed Eating Establishment and
Zoning: MXPUD, Mixed Use Planned Unit Developme ❑ With Conditions Land Use: Drive - through Facility
❑ Planned Unit Development
Name: Walmart Real Estate Business Trust Phone Number: 2146386800
Address: 701 South Walton Blvd., Bentonville, AR 72716 E -mail: trud @idgroupdallas.com
Tom Rucu";; =-_-
Name: CFT NV Developments, LLC Phone Number: 6267999898
1683 Walnut Grove Ave., Rosemead, CA 91770
W.
G0+_iV1
E -mail: F Roger-Goldstein@PandaRG-c
Name: Tom Rud OcIGROUP) Phone Number: 2146386800 =]
Address: 12641 Irving Blvd. Dallas, TX 75203
Tom
E -mail: Ftrudgidgroupdallas.corn
(x Completed application form and checklist.
r Written narrative explaining the reason for the request.
(x Metes and bounds description, if applicable.
r Filing fee.
F- Concept plan meeting the Application Requirements of item '2(c)' in Zoning Amendment Procedures.
f Written proffers. See the City's Guide to Proffered Conditions.
Concept plan meeting the Application Requirements of item '2(c)' in Zoning Amendment Procedures. Please label as
r 'development plan' if proffered.
fx 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.
r Written proffers to be amended. See the City's Guide to Proffered Conditions.
F Copy of previously adopted Ordinance.
F- Amended development plan meeting the requirements of Section 36.2 -326 of the City's Zoning Ordinance.
i— Copy of previously adopted Ordinance.
r Amended comprehensive signage plan meeting the requirements of Section 36.2- 336(d) of the City's Zoning Ordinance.
F Copy of previously adopted Ordinance.
f A Traffic Impact Study in compliance with Appendix B -2(e) of the City's Zoning Ordinance.
r Cover sheet.
F- Traffic impact analysis.
F Concept plan.
F Proffered conditions, if applicable.
I— 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.
CIVIL ENGINEERING SERVICES, PC
P.O. Box 1302, Fairview, TN 37062 Office (615) 533 -0401
August 20, 2021
City of Roanoke
Department of Planning, Building and Development
Room 166, Noel C. Taylor Municipal Building
215 Church Avenue, SW
Roanoke, Virginia 24011
RE: Project Narrative regarding the Planned Unit Development for a New Lot for a Commercial Building,
Site is Located at 4807 Valley View Blvd. in Roanoke, Virginia.
To whom it may concern:
The project site is located at 4807 Valley View Blvd. The site is currently part of an overall larger
development as a Walmart Super Center. The property is to be subdivided with this PUD and is
currently an existing parking lot that services the Walmart and is approximately 0.60 acres in size.
The overall development size is 20.4 acres including a 215,000 s.f. Walmart Super Center with
over 1,000 parking spaces. This parcel is zoned CLS (Commercial Large Site).
The purpose for creating this PUD is to create a subdivision for a new lot that will be developed to
construct a new 2,500 s.f. restaurant with a drive through. The proposed building will have a
maximum seating capacity of 64 seats and will have a total number of 51 parking stalls to service
the restaurant. While developing this parcel the overall development will lose a minimum of 50
parking stalls. With this loss in parking, even though this proposed amount of parking is high this
should help the overall development with overflow parking.
This revised PUD does slightly increase traffic in the area, but this impact will be minimal due to
the nature of this restaurant. Restaurants of this type are generally not a trip generator and usually
they attract traffic already on the roadways. The ITE Trip Generation Manual, 101h edition, shows
that the PM Peak Hour Trips are 129 trips, (67 entering and 62 exiting). Finally, this new addition
will help the storm water runoff in the area by adding additional green space that does not
presently exist.
Again, thank you for giving Civil Engineering Services this opportunity to submit this Narrative for
this project for your consideration.
Respectfully,
Ray G. Flake, P.E.
JDF /rgf Creation of a PUD Narrative - Panda Express — City of Roanoke, Virginia
-1-
BLEW & ASSOCIATES, PA
CIVIL ENGINEERS & LAND SURVEYORS
ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE CITY OF ROANOKE,
ROANOKE, COUNTY, VIRGINIA, AND BEING A PART OF TRACT "B -1 ", WAL MART REAL ESTATE BUSINESS
TRUST, RECORDED IN MAP BOOK 1, PAGE 2846, AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT A 1/2 INCH REBAR WITH PLASTIC CAP (ILLEGIBLE) AT THE NORTHWEST CORNER OF
SAID TRACT "B -1"
THENCE SOUTH 38 °52'16" WEST, A DISTANCE OF 95.22 FEET TO A SET 5/8" REBAR FOR THE POINT OF
BEGINNING;
THENCE WITH A CURVE TO THE LEFT WITH A RADIUS OF 244.94 FEET, WITH AN ARC LENGTH OF 47.60
FEET, WITH A CHORD BEARING OF SOUTH 89 °59'52" EAST, WITH A CHORD LENGTH OF 47.52 FEET, TO A
SET PK NAIL;
THENCE WITH A COMPOUND CURVE TO THE LEFT WITH A RADIUS OF 197.95 FEET, WITH AN ARC
LENGTH OF 29.76 FEET, WITH A CHORD BEARING OF NORTH 80 °45'55" EAST, WITH A CHORD LENGTH
OF 29.73 FEET, TO A SET PK NAIL;
THENCE NORTH 75 °55'28" EAST, A DISTANCE OF 37.37 FEET TO A SET PK NAIL,
THENCE WITH A CURVE TO THE RIGHT WITH A RADIUS OF 206.20 FEET, WITH AN ARC LENGTH OF
110.03 FEET, WITH A CHORD BEARING OF SOUTH 88 °47'21" EAST, WITH A CHORD LENGTH OF 108.73
FEET, TO A SET PK NAIL;
THENCE SOUTH 73 °30'10" EAST, A DISTANCE OF 30.90 FEET TO A SET PK NAIL;
THENCE SOUTH 39 °02'48" WEST, A DISTANCE OF 255.79 FEET TO A SET PK NAIL;
THENCE NORTH 50 °57'12" WEST, A DISTANCE OF 193.24 FEET TO A SET 5/8" REBAR;
THENCE NORTH 38 °52'16" EAST, A DISTANCE OF 95.22 FEET TO THE POINT OF BEGINNING.
CONTAINING 36,086 SQUARE FEET OR 0.828 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND
RIGHTS -OF -WAY OF RECORD.
3825 NORTH SHILOH DRIVE • FAYETTEVILLE / ARKANSAS - 72703
PHONE. 4 7 9 - 4 4 3 - 4 5 0 6 FAX: 4 7 9 - 5 8 2 - 1 8 8 3
SITE DATA TABLE
Pnwm�,9i9P>Es
o— wa.9m
w:s11�. wm
1.sm.9.i
µarcminl�
wlolvawPxulwounn >ta�u
HH 1v�munxsPn s
wtre>xe PR a
w9u
aP�QP eXpR�w
00
PNRI/�EIRIIE9511G
NI99MY1 Cdn
Rowiw6 t9Rmi
911)0
fids0.M9Y
��r�ll y�iY�pr~iA~i l+�r�
m�c�Iwo�lrrrr N�
rrl��rn�niMn.rls
MUM
19suE w>E:
�oomcaaooauaa x9 -zxaa
m"BY: Pm
IAWq CE l 9i11Z1190
PAIR VS . DIM
NGH PROACII -
Civil Engine 8 S—ol.
Wk.1mw...�.y.
.v�reaul
PANDA EXPRESS
mtm An9Ri
4wv19lEY9Y:Y om
RQgM Y91699 W2
DEVELOPMENT PLAN
EX -A
mVEwua 9WElC0lE xtm R9 >
PA EKRRESS.w
ta®W &—A.
RP—i C1110ew
91710
f�e�wL p}R1tY
r- ��rrrpr�r
Tr�+Mr_M�rwi -rye r�+
•�M��1Yn W 4
v�Mf�
MFr�K
PF1a9N1N5
ISM DATE
puva+er
--
RAIOA PROJECT Y 0Ia9]
— ROIECT a 261 -N5
id
PANDA EXPRESS
TRtEWA a WEEC -E
a00IVA Er NEWOleo.
ROANOKE. VA 2
A -200
WERIOR
ELFVA19ON
—Y Y
I R1f �
,E r
.._ w1A.AM4Yrt/I4R[ffo.4
�
___________ ____________________
t
Brf 4[mfwt ^4yftt fMi
rs h
�f Y
'SEE EMEET 0.200 ECR WE— FINISH SCMEOUIE
WEST ELEVATION DRIVE -THRU SIDE )l
s� 11t• � Io A -201
-
ftf�•tA __.v__._._. -__._ ®Blf
w4NYCVSln[RffelA
+4ta+f
'SEE SHEETXMPORE%2EPoO FM SCHEMA£
EAST ELEVATION ENTRANCE SIDE
1
s fN •,'-0
A -201
o►. EXpA
ct
PAMOA EXPRESS t.
levww.l —,.
Rmni.W aMaru
nno
�.w-» QuNwr
wlw gf.11WN
f - -Mw.n w.wM+M
REN510N5
rosuEO.etE.
DRAWN BY -
PANOAPROACTE D?W
MCNP 9O 11 261.215
PANDA EXPRESS
TRI.F WARN 6 WELCOME
402 VALLEY NEW &.VO.
ROUgXE VA 21012
A -201
EXTERIOR
EIEVAT.)
may' ~�dF K1 <G �Z
PM omm PC
1651WWM GaroA�e
Nmenlfd. C Wane
PIT7O
T�Wr RiM)bl
frri W]Rli1
va.yv v.r
Frwfa.+.w..rrrrr W�Prn
rfM. Wd.f wrw�v— r4�wvrn~
vrvlrr
RENSIG6
ME ME
DPAWNBV
PAWA PRMCT0 D7W
M HPRMCTO 16t��16
it,
id
PANDA EXPRESS
TRDEW WELCOME
1661VAL1EYV6:W BLVD.
R...w .—
A -202
BU
PERSPECTIVES
PANDA EXPRESS - AVERAGE TRAFFIC /SALES
MIDWEST REGION
Tsales S3640
09 1
RHsal. $135269 RH TRAN 193 RHWe3 $ 310868 RH TRAN 310
% 64.83% % 63.07% % 74.25% % 74.52%
AVERAGE TRAFFIC SUMMARY
PANDA
PANG PANG
PANDA
PANDA
SALES MCDaiD MDNEAL BOWL
FEAST TOTAL
DANA PANG
1130AM
TIME
PAN.
PANG
PANDA
Tim
TRANS
SALES =ooSi0
taDMFAL nowt
FEAST TOTAL
TVA E
TRANS
SALES MCDM90
miaL
sawL
FEAST TOTAL
1100AM
1130 AM
1
$ 30.68
1.30 PM
1100AM
1130 AM
1100 AM
1130 AM
24
$185.10
1200 PM
1130 AM
1200 PM
48
1130 AM
12 00 PM
S
5 136.50
13
0 a
1 20
1130 AM
12 00 PM
33
S 314.79
u
a
M
70
1200 PM
1230 PM
19
$199.18
12 30 PM
35
S 33145
1200 PM
1230 PM
47
$418.19
100 PM
22
S 190.77
E7 •
12 30 PM
100 PM
19
S 215.40
37
2 14
55
12 30 PM
1 DO PM
31
$ 278.37
71
1
m
94
,Do PM
130 PM
10
3117.76
IN
2 •
32
100 PM
13OPM
25
$195.48
u
2
6
47
50OPM
530PM
79
5234.25
$357.82
500PM
53OPM
11
f 13220
w a
t3
63
5 30 PM
5 30 PM
B OO PM
23
5 252.75
w
1 9
K
5 30 PM
6 00 PM
19
S 24204
3a
1
a
a 42
60OPM
830 PM
26
5332.88
730 PM
8 30 PM
7 00 PM
800 PM
630 PM
30
$355.8
1 95
5 30 PM
7 00 PM
22
630 PM
7 00 PM
20
S 275.65
49
a a
79
6 30 PM
7 00 PM
27
S287. 52
w
•
a
97
7 DO PM
7 30 PM
17
$ 20.1.31
600 PM
15
S174.6fi
7 00 PM
7 30 PM
22
$ 283.57
800PM
23
$22841
W 3
73OPM
BOOPM
12
$16113
3r
a 10
51
730 PM
BOO PM
23
$227.36
62
2
fo
d•
8 00 PM
8 00 PM
16
S 183.42
8 00 PM
8 30 PM
18
$ 188.78
Tsales S3640
09 1
RHsal. $135269 RH TRAN 193 RHWe3 $ 310868 RH TRAN 310
% 64.83% % 63.07% % 74.25% % 74.52%
u 14 t . 449
RHWp (3,445.52 RH TRAN 328 RH Wn 53,335.75 RH TRAN 325
% 79.88% % 76.69% % 73.87% % 73.88%
AVERAGE TRAFFIC SUMMARY
PANDA
PANG PANG
PANDA
PA.
SALES MCDaiD MDNEAL BOWL
FEAST TOTAL
DANA PANG
1130AM
TIME
PAN.
PANG
THE
TRANS
SALES MCDIiD MDYFAL
-'A'
MAT TOTAL
TIME
TRANS
SALES MCOMao WOMEAL
Sold.
FEAST TOTAL
1100AM
1130AM
30
$248.14
3 273.89
1.00 PM
1.30 PM
1100AM
1130 AM
35
$326.36
w 92
1130 AM
1200 PM
1130 AM
1200 PM
48
S 42220
N 2
tt
91
1130 AM
12 00 PM
48
$ 45347
73 2
n
101
1200 PM
12 30 PM
47
S 398.04
$329.69 7a
a 100
1230 PM
12 00 PM
12 30 PM
35
S 33145
97
Too PM
1.30 PM
1230 PM
100 PM
22
S 190.77
E7 •
Y
79
12 30 PM
100 PM
36
f 310.78
47 3
$ 20297
85
1 DO PM
1 30 PM
23
$ 24729
37 a
t3
62
1 OD PM
1 30 PM
28
S 257.66
47
:07
57
50O PM
53OPM
14
5 14141
830 PM
22
9253.61
100 PM
5 30 PM
17
5 244.53
$357.82
5 30 PM
8.00 PM
29
$ 358.82
w a
t3
63
5 30 PM
B 00 PM
26
S 273.76
D 1
11
69
600PM
530 PM
31
5441.57
23
$267.69
BOO PM
630 PM
20
$232.14
$339.92 w 3
12 03
730 PM
8 30 PM
7 00 PM
27
$306. 06
71 7
14
1 95
5 30 PM
7 00 PM
22
S 254.46
w a
7
69
700 PM
730 PM
15
$214.48
70OPM
73OPM
18
$193.18
730 PM
600 PM
15
S174.6fi
u 4
3
54
730 PM
800PM
23
$22841
W 3
tT
63
8 OD PM
830 PM
25
$303.8960
B 00 PM
B 30 PM
17
S214.55
u 14 t . 449
RHWp (3,445.52 RH TRAN 328 RH Wn 53,335.75 RH TRAN 325
% 79.88% % 76.69% % 73.87% % 73.88%
n
, A 3RHWe $3590.79 0 3.44961 RH TRAN 341
% 75.09% % 76.55% % 69.23% % 73.21%
AVERAGE TRAFFIC SUMMARY
PANDA
PANG PANG
TIME
TRANa
SALES MCDaiD MDNEAL BOWL
FEAST TOTAL
DANA PANG
1130AM
TIME
TRANS
SALES M000Y0 ND YFAL
bNNL FEAST TOTAL
TIME
TRANS
SALES MCOM60 IDD MEAL
Boa% FEAST
TOTAL
11 DO AM
1 t 30 AM
26
S 257.99
1230 PM
1100 AM
1130 AM
31
3 273.89
1.00 PM
1.30 PM
1130 AM
1200 PM
43
3425.15 w 2
w 92
1130 AM
1200 PM
49
$ 428.41 w t0
m
95
1200 PM
1230 PM
48
$434.81
21
1200 PM
1230 PM
47
9458.73
17
$197.99 N 1 is
1230 PM
100 PM
39
$329.69 7a
a 100
1230 PM
100 PM
35
$30542 m t
at
97
Too PM
1.30 PM
21
$ 22288 D 1
a 47
100 PM
130 PM
19
9 187.51 Sa 1
9
46
S OO PM
530 PM
18
$ 20297
500 PM
630 PM
15
$ 184.84
530 PM
8 OO PM
22
$ 297.96 u 7
13 1 65
5 30 PAS
600 PM
22
$226 .93 u a
u
55
60OPM
830 PM
22
9253.61
600PM
630 PM
30
$357.82
630 PM
700 PM
29
$365.N tt 4
13 1 93
830 PM
700 PM
21
$265.92 w S
t7
90
700 PM
730 PM
27
5258.87
700 PM
73OPM
23
$267.69
730 PM
800 PM
3,
$339.92 w 3
12 03
730 PM
80OPM
24
9283.30 w t
11
Bs
800PM
830PM
17
5191.70
1 800 PM
830 PM
15
5209.35
n
, A 3RHWe $3590.79 0 3.44961 RH TRAN 341
% 75.09% % 76.55% % 69.23% % 73.21%
TsMas 11 53'
7
S2
RH Wes 071.39 RH TRAN 198
% S8.65% % 63.23%
AVERAGE TRAFFIC SUMMARY
PANDA
PANG
TIME
TRANa
SALES MCDaiD MDNEAL BOWL
FEAST TOTAL
1100 AM
1130AM
$ 86.11
Told Tens
1130 AM
12 00 PM
12
$ 177.72 a 3 •
35
1200 PM
1230 PM
18
$229.35
1230 PM
100 PM
16
$154.92 w 3 9
46
1.00 PM
1.30 PM
14
$ 150.81 3s 1 f0
46
500 PM
53OPM
15
$14.5.79
1.75 242.29
5.30 PM
8 W PM
l5
S 220.09 a7 3 1
40
600 PM
830 PM
21
$22170
Thursday
63DPM
700 PM
17
$197.99 N 1 is
57
700 PM
730 PM
17
$205.84
27.09
73OPM
600 PM
t2
$ 93.85 at a 1
2 37
B00 PM
630 PM
15
3176.42
TsMas 11 53'
7
S2
RH Wes 071.39 RH TRAN 198
% S8.65% % 63.23%
AVERAGE TRAFFIC SUMMARY
Days
Told Tens
F Av m r tl Hau
A Ci9 Per Nbor
D
aa11. TO a 1✓•N NAnnn,
Sunday
306
1.75 174.88
10
17.49
Sunday
Monday
416
1.75 217.71
10
23.77
Monday
Tuaaday
424
1.75 242.29
10
2123
Tuesday
W.&.day
440
175 251.43
10
2614
yWdnesday
Thursday
469
1.75 268.00
70
25.60
Thursday
F.
474
1.75 270.86
10
27.09
Fnday
SeN
318
1.75 181.71
10
16.17
SaNM
ZONING DISTRICT MAP
4807 Valley View Blvd NW (portion)'
Dificial Tax Parcel: 2370102 (portion) r, o
®Area to be Rezoned
Zoning
AD: Airport Dev
- CG: Commercial - General
- CLS: Commercial -Large Site
CN: Commercial- Neighborhood
_ D: Downtown
- 1 -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 - Family
R -3: Res Single - Family
R -5: Res Single - Family
R -7: Res Single - Family
RA: Res - Agricultural
RM -1: Res Mixed Density
RM-2: Res Mixed Density
RMF: Res Multifamily
- ROS: Recreation and Open Space
- UF: Urban Flex
Conditional Zoning
N
W E
0 100 200 Feet
F-- I ----f— s S
" "Q
: "p 9 O
s'o '� boo
07 1
�'6� NOco
AVE ROANOKE LLC USR REAL ESTATE HOLDINGS LLC CITY OF ROANOKE VIRGINIA
190 E STACY RD STE 306 -167 500 STAPLES DR PO BOX 1451
ALLEN, TX 75002 FRAMINGHAM, MA 01705 ROANOKE, VA 24007
DAYTON HUDSON CORPORATION
PO BOX 9456
MINNEAPOLIS, MN 55440
USR REAL ESTATE HOLDINGS LLC
500 STAPLES DR
FRAMINGHAM, MA 01705
CITY OF ROANOKE VIRGINIA
PO BOX 1451
ROANOKE, VA 24007
TF ROANOKE VA LLC
C/O ESL INVESTMENTS INC
HOFFMAN ESTATES, IL 60179
REKLAW VIRGINIA LLC
C/O BLUE CHIP PARTNERS INC
HARRISON, NY 10528
C &D PROPERTY ROANOKE LLC
ATTN: LI YONG DONG
NEW YORK, NY 10002
CITY OF ROANOKE
PO BOX 1451
ROANOKE, VA 24007
VALLEY VIEW MALL SPE LLC
2030 HAMILTON PLACE BLVD STE 500
CHATTANOOGA, TN 37421
4749 VALLEY VIEW LLC
PETSMART -LEASE ADMIN DEPT
PHOENIX, AZ 85027
KATHERINE HUFF TRUST
204 S JEFFERSON ST STE 200
ROANOKE, VA 24011
WAL MART REAL ESTATE BUSINESS
TRUST
PO BOX 8050
BENTONVILLE, AR 72716
VALLEY VIEW MALL SPE LLC
2030 HAMILTON PLACE BLVD STE 500
CHATTANOOGA, TN 37421
VALLEY VIEW MALL SPE LLC CHICK -FIL -A INC FRONTIER 0407 VALLEY VIEW LLC
2030 HAMILTON PLACE BLVD STE 500 5200 BUFFINGTON RD 1801 SW 3RD AVE STE 500
CHATTANOOGA, TN 37421 ATLANTA, GA 30349 MIAMI, FL 33129
TAXID SFHA
Firm Panel Community Floodway Assessmen PropertyAr PropertyUE LegalDescr MailAddre! MailCity MailState
MailZip
3041501
51161C01E 0130
720
1.6592
400 -Comm PT BILK 17 5585 S RO5 ROANOKE VA
24018
3041501
51161C0lE 0130
720
1.6592
400 -Comm PT BLK 17 5585 S RO5 ROANOKE VA
24018
3041901
51161C0lE0130
720
0.5574
400 -Comm NEW PARC 824 MUSE FINCASTLE VA
24090
3041901
51161C01E 0130
720
0.5574
400 -Comm NEW PARC 824 MUSE FINCASTLE VA
24090
3043003
51161C0lE 0130
720
2.2620
140 -Comm TRACT 3 PO BOX 38. ROANOKE VA
24003
3043004
51161C0lE 0130
720
8.2535
400 -Comm TRACT 4A PO BOX 12 ROANOKE VA
24027
3043004
51161C0lE 0130
720
8.2535
400 -Comm TRACT 4A PO BOX 12 ROANOKE VA
24027
3043005
51161C0lE 0130
720
1.3509
400 -Comm NEW TRAC 1334 7TH 5 ROANOKE VA
24012
3043007
51161C0lE 0130
720
1.2962
400 -Comm TRACT 5A 3401 WHIT ROANOKE VA
24012
3043008 IN
51161C0lE 0130
FLOODPLk 720
1.6937
400 -Comm NEW LOT 5 570 REDBU ROCKY MO VA
24151
3043009 IN
51161C0lE 0130
FLOODPLAI 720
2.0997
400 -Comm NEW LOT 5 %AR GLOB, NEWPORT RI
02840
LocalAddre LocalCity
LocalZip
1401 PLAN ROANOKE
24012
1401 PLAN ROANOKE
24012
711 POCAF ROANOKE
24012
711 POCAF ROANOKE
24012
1330 PLAN ROANOKE
24012
518 POCAF ROANOKE
24012
518 POCAF ROANOKE
24012
1334 7TH 5 ROANOKE
24012
1345 PLAN ROANOKE
24012
1325 7TH 5 ROANOKE
277900
1326 7TH 5 ROANOKE
24012
Ownerl Owner2 Zoning
BAUMAN S BAUMAN S 1 -1
BAUMAN 5 BAUMAN S 1 -1
711 POCAF 711 POCAF 1 -1
711 POCAF 711 POCAF I -1
PLANTA LLi PLANTA LLi 1 -1
FOOT LEVE FOOT LEVE 1 -1
FOOT LEVE FOOT LEVE 1 -1
GROWTHVI GROWTHVI 1 -1
1345 PLAN 1345 PLAN 1 -1
TREVILIAN TREVILIAN 1 -1
ARG D151F ARG D151F MX
Assessmen LandValue Improvem(TotalValue YearBuilt
01/01/202
169800
856300
1026100
1988
01/01/202
169800
856300
1026100
1946
01/01/202
51400
137100
188500
1930
01/01/202
51400
137100
188500
1930
01/01/202
277900
0
277900
01/01/202
760400
4395800
5156200
1988
01/01/202
760400
4395800
5156200
1973
01/01/202
124500
300000
424500
2004
01/01/202
126100
197200
323300
1987
01/01/202
156100
499900
656000
2003
01/01/202
204200
1343000
1547200
2001
BuildingTyj Stories
Warehous(1
Storage Wi 1
Small Shop 1
Storage Ga 1
Light Manu 2
Small Shop 1
Light Manu 1
Light Manu 1
Commerciz 2
Medical Of 1
ExteriorDe! Fin ishedSiz Foundatior STRUCTURI Lowe rSplitl Lowe rFinisl TotaIRoom TotaI Bed ro Attic
AtticFin BasementP BasementF RoofStyle
20184
0
None
1
5054
Fire Resistz
0
None
1
2400
Fire Resistz
0
None
2400 0 1
2040
Fire Resistz
0
None
1
89440
0
None
S
2223
0
None
2
7350
0
None
2
5015
0
None
2
6636
Wood Fran
0
None
4
9567
Fire ResistE
0
None
2
RoofCover HeatingTyp CentralAir TwoFixture ThreeFixtui FourFixturE Five Fixture AttachedG; DetachedG AttachedCz BasementE Enclosed Pc Open Porch
0 sf N 68
0 sf N
2400 sf N
2040 sf N
0 sf N
0 sf N
0 sf N
0 sf N
6636 sf N 2 2
0 sf N
WoodDeck Otherlmpr( Otherimprl Otherimpr( Otherlmpr( LastSaleDa LastSaleAmt
216
Loading Do
Elevator -Fr
Mezzanine Industrial T
Commerciz
10/12/198'60000
10/12/198'60000
12/23/201:310000
12/23/201:310000
10/29/20110
09/14/198'141000
09/14/198 141000
06/14/201;550000
05/18/202 0
08/26/2021660000
09/30/201:2828789
Pro,
ROANOKE
Dear Adjoining
PLANNING BUILDING AND DEVELOPMENT
Noel C. Taylor Municipal Building
215 Church Avenue SW, Room 170
Roanoke, Virginia 24011
Phone: 540.853.1730
Email: plannin = ct)roanokeva.gov
August 27, 2021
Property Owner and /or Interested Party:
Application by CFT NV Developments, LLC, to rezone a portion of the property located at 4807 Valley
View Boulevard NW, bearing Official Tax Map No. 2370102, from CLS, Commercial -Large Site
District, to MXPUD, Mixed Use Planned Unit Development District, subject to the Development Plan
that specifies location of building and infrastructure, site access, and building design. The land use
categories permitted in MXPUD include residential; accommodations and group living; commercial;
industrial; warehousing and distribution; assembly and entertainment; public, institutional and
community facilities; transportation; utility; agricultural; and accessory, with a maximum density as
specified on the planned unit development plan. The comprehensive plan designates the property
large scale commercial. The proposed use is eating establishment and drive - through facility.
The complete application can be viewed on the Planning, Building, & Development
website at http://roanokeva.pov /1088 /Planning- Commission.
The Roanoke City Planning Commission is scheduled to consider the application
described above at its public hearing:
Monday, September 13, 2021, 1:30 p.m.
City Council Chamber — Fourth Floor, Room 450
Noel C. Taylor Municipal Building — 215 Church Avenue SW
All persons wishing to address the Planning Commission must sign -up with the
Secretary to the Planning Commission by emailing plan ninq(c)_roanokeva.gov or by calling (540)
853 -1330 by noon, Friday, September 10, 2021. If requested, persons who register to speak
will be provided with information to present their testimony via electronic communication
means. Written comments of interested persons will be received by the Secretary to the
Planning Commission at plan ning(a)-roanokeva.cloy on or prior to noon, Friday, September 10,
2021.
According to real estate records, you own property that is adjoining the subject property
or are an interested party. If you care to make any comments concerning this request, you are
welcome to register to speak at the meeting or email your comments to the Secretary to the
Planning Commission, as described above.
To determine if there are changes to the status of this request, please see the agenda
package for the Planning Commission public hearing, which will be posted online at
http: / /roanokeva.gov /1088 /Planning- Commission approximately one week prior to the hearing or
contact me at (540) 853 -1730 for additional information.
Very truly yours,
Tina M. Carr
Secretary to the Planning Commission
Any person with a disability requiring any special accommodation to participate in the meeting
should contact Planning, Building, & Development at (540) 853 -1730.
ZONING DISTRICT MAP
4807 Valley View Blvd NW (portion)
Official Tax Parcel: 2370102 (portion)
Area to be Rezoned /
Zoning
AD: Airport Dev
- CG: Commercial - General
- CLS: Commercial -Large Site
CN: Commercial- Neighborhood
® D: Downtown
- 1 -1: Light Industrial
_ 1 -2: Heavy Industrial
IN: Institutional
INPUD: Institutional Planned Unit Dev
IPUD: Industrial Planned Unit Dev
MX: Mixed Use
Q MXPUD: Mixed Use Planned Unit Dev
R -12: Res Single - Family
R -3: Res Single- Family
R -5: Res Single- Family 00
C
R -7: Res Single - Family
M
RA: Res - Agricultural C\
R
RM -1: Res Mixed Density
RM -2: Res Mixed Density
. RMF: Res Multifamily
ROS: Recreation and Open Space
- UF: Urban Flex ,
Conditional Zoning
N
W r E
0 100 200 Feet
f-- E- -+--�� s
2370107
"700
tt
Li
O, ✓
° °,
6' °j P
-° °�� �oop'D
"61
LLO
�0
0
Sil
m
G
do
A
m
i:1
� 7�,, 7
m
4
e
i�
II��,
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
CITY OF ROANOKE - PDB
Attn TINA CARR
215 CHURCH AVE
ROOM 166
ROANOKE, VA 24011
Account Number
6011439
Date
September 27, 2021
Date Category Description Ad Size Total Cost
09/16/2021 Legal Notices PUBLIC HEARING NOTICE Any public hearings advertised he 1 x 144 L 1.383.28
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 An was published in said newspapers on the
following dates:
08/31, 09/07/2021
The First insertion being given ... 06/31/2021
Newspaper reference: 0001253667
Billing Representative
Sworn to and subscribed before me this 27th Day of September 2021
Notary Pubic
Kimberly Kay Harris
State of Virginia NOTARY PUBLIC
County of Hanover Commonwealth of Virginia
My Commission expires Reg. No. 356753
Com(ni Exp. Jan. 31, 2025
THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU
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 SW, Roanoke, Virginia.
This public hearing may be conducted
by electronic communication means
due to the COVID -19 pandemic
disaster. Persons registered to speak
may request information to present
their testimony via electronic
communication means, as described
below. Citizens who register will be
provided information to present their
testimony in person or via electronic
communications means should the
public hearing be conducted by
electronic communications means due
to the COVID -19 pandemic disaster. All
persons shall be afforded an
opportunity to speak and state their
views concerning all aspects of these
matters.
Any applications will be digitally
available for review online at https: //
roanokeva.gov /2019 /Commissions or
may be obtained digitally by emailing
planningAroanokeva.aov.
If you are a person with a disability
who needs accommodations for any
public hearings advertised herein,
please contact the City Clerk's Office,
(540)853 -2541, at least five days prior
to the scheduled public hearings.
Cecelia F. McCoy, CIVIC, City Clerk
The City of Roanoke Planning
Commission will hold a public hearing
on September 13, 2021, at 1:30 p.m., or
as soon thereafter as the matter may
be heard, to consider the following
matter. All persons wishing to address
the Planning Commission must sign -up
with the Secretary to the Planning
Commission byemailing planning@
roanokeva.gov or by calling (540)853-
1330 by noon, Friday, September 10,
2021. If requested, persons who
register to speak will be provided with
information to present their testimony
via electronic communication means.
Written comments of interested
persons will be received by the
Secretary to the Planning Commission
at planninga@roanokeva.gov by noon,
Friday, September 10, 2021.
Application by BrightView, LLC, to
rezone property located at 1345
Plantation Road NE, bearing Official
Tax Map No. 3043007, from 1 -1, Light
Industrial District, to INPUD,
Institutional Planned Unit Development
District. The land use categories
permitted in INPUD include residential;
accommodations and group living;
commercial; industrial; assembly and
entertainment; public, institutional and
community facilities; transportation;
utility; agricultural; and accessory,
with maximum density as specified on
the planned unit development plan.
The comprehensive plan designates
the property light industrial/
commercial. The proposed use is
outpatient mental health and
substance abuse clinic.
Application by CFT NV Developments,
LLC, to rezone a portion of the property
located at 4807 Valley View Boulevard
NW, bearing Official Tax Map No.
2370102, from CLS, Commercial -Large
Site District, to MXPUD, Mixed Use
Planned Unit Development District,
subject to the Development Plan that
specifies location of building and
infrastructure, site access, and building
design. The land use categories
permitted in MXPUD include
residential; accommodations and
group living; commercial; industrial;
warehousing and distribution;
assembly and entertainment; public,
institutional and community facilities;
transportation; utility; agricultural; and
accessory, with a maximum density as
specified on the planned unit
development plan. The comprehensive
plan designates the property large
scale commercial. The proposed use is
eating establishment and drive -
through facility.
Tina M. Carr, Secretary, City Planning
Commission
City Council will hold a public hearing
on the aforesaid matters on September
20, 2021, at 7:00 p.m., or as soon
thereafter as the matter may be heard,
in the City Council Chamber, fourth
floor, Room 450, Noel C. Taylor
Municipal Building, 215 Church Avenue
SW, Roanoke, Virginia. All persons
wishing to address City Council may
sign -up online at www.roanoke va.00v/
council. In order to sign up, the form to
speak before City Council may be
accessed under the tab "Sign Up Form
to Speak Before Council" on the left of
the screen. Sign up forms must be
received by 12:00 noon on Monday,
September 20, 2021. In the event the
public hearing is conducted by
electronic communication means due
to the COVID -19 pandemic disaster,
you will be notified by the City Clerk's
Office. For further information, you
may contact the Office of the City Clerk
at(540)853 -2541.
Cecelia F. McCoy, CMC, City Clerk
(1253667)
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 SW, Roanoke, Virginia.
This public hearing may be conducted by electronic communication means due to the COVID -19
pandemic disaster. Persons registered to speak may request information to present their
testimony via electronic communication means, as described below. Citizens who register will
be provided information to present their testimony in person or via electronic communications
means should the public hearing be conducted by electronic communications means due to the
COVID-19 pandemic disaster. All persons shall be afforded an opportunity to speak and state
their views concerning all aspects of these matters.
Any applications will be digitally available for review online at
hops:' roanokcva. ov - ''_019 Commissions or may be obtained digitally by emailing
?laiiiiin'g(a roanokeV'a.goV'.
If you are a person with a disability who needs accommodations for any public hearings
advertised herein, please contact the City Clerk's Office, (540)853 -2541, at least five days prior
to the scheduled public hearings.
Cecelia F. McCoy, CMC, City Clerk
The City of Roanoke Planning Commission will hold a public hearing on September 13, 2021,
at 1:30 p.m., or as soon thereafter as the matter may be heard, to consider the following matter.
All persons wishing to address the Planning Commission must sign -up with the Secretary to the
Planning Commission by emailing ptailiiin(i roapokcv a.� or by calling (540)853 -1330 by
noon, Friday, September 10, 2021. If requested, persons who register to speak will be provided
with information to present their testimony via electronic communication means. Written
comments of interested persons will be received by the Secretary to the Planning Commission at
planninL,(u roanokc%a.,,,ov_ by noon, Friday, September 10, 2021.
Application by BrightView, LLC, to rezone property located at 1345 Plantation Road NE,
bearing Official Tax Map No. 3043007, from I -1, Light Industrial District, to INPUD,
Institutional Planned Unit Development District. The land use categories permitted in INPUD
include residential; accommodations and group living; commercial; industrial; assembly and
entertainment; public, institutional and community facilities; transportation; utility; agricultural;
and accessory, with maximum density as specified on the planned unit development plan. The
comprehensive plan designates the property light industrial /commercial. The proposed use is
outpatient mental health and substance abuse clinic.
Application by CFT NV Developments, LLC, to rezone a portion of the property located at 4807
Valley View Boulevard NW, bearing Official Tax Map No. 2370102, from CLS, Commercial -
Large Site District, to MXPUD, Mixed Use Planned Unit Development District, subject to the
Development Plan that specifies location of building and infrastructure, site access, and building
design. The land use categories permitted in MXPUD include residential, accommodations and
group living; commercial; industrial; warehousing and distribution; assembly and entertainment;
CECELIA F. hICCOY, CHIC
Cite Clerk
Tom Rud (idGROUP)
2641 Irving Boulevard
Dallas, Texas 75203
Dear Mr. Rud:
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
Telephone: (540) 853 -2541
Fax: (540) 853 -1145
E -mail: clerkCaroanokeva.gov
September 7, 2021
CECELIA T. NVEBB, CHIC
Deputy City Clerk
A public hearing has been advertised to be heard by the City Planning Commission
on Monday, September 13 at 1:30 p.m. in regard to your request on behalf of CFT NV
Developments, LLC, to rezone a portion of the property located at 4807 Valley View
Boulevard NW, from Commercial -Large Site District to Mixed Use Planned Unit
Development District, subject to the Development Plan that specifies location of building
and infrastructure, site access, and building design. (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 20 at 7:00 p.m., 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 Monday, September 13.
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.
Sincerely,
Cecelia F. McCoy, CMC
City Clerk
Enclosure
c: Roger Goldstein CFT NV Developments, LLC, 1683 Walnut Grove Avenue,
Rosemead, California 91770
Tom Rud, Walmart Real Estate Business Trust, 701 South Walton Boulevard,
Bentonville, Arizona 72716
Tina Carr, Secretary to the City Planning Commission
CECELIA F. NICCOV, Ch1C
Cite 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( roanoke%a.goN
September 7, 2021
Dear Ladies and Gentlemen:
CECELIA T. WEBB, ChIC
Depute Cite Clerk
A public hearing has been advertised to be heard by the City Planning Commission
on Monday, September 13 at 1:30 p.m. in regard to a request on behalf of CFT NV
Developments, LLC, to rezone a portion of the property located at 4807 Valley View
Boulevard NW, from Commercial -Large Site District to Mixed Use Planned Unit
Development District, subject to the Development Plan that specifies location of building
and infrastructure, site access, and building design. (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- 20 at 7:00 p.m., 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 Monday, September 13.
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.
Sincerely,
Cecelia F. McCoy, CMC
City Clerk
Enclosure
c: Tina Carr, Secretary to the City Planning Commission
Adjoining Property Owners and Interested Parties
September 7, 2021
Page 2
PC: AVE Roanoke, LLC, 190 East Stacy Road, Suite 306 -167, Allen, Texas 75002
USR REAL ESTATE HOLDINGS LLC, 500 Staples Drive, Farmingham, MA
01705
City of Roanoke, Virginia, P. O. Box 1451, Roanoke, Virginia 24007
Dayton Hudson Corporation, P. O. Box 9456, Minneapolis, Minnesota 55440
Reklaw Virginia LLC, Blue Chip Partners, Inc., 192 Lexington Ave, FI 15.
New York, NY 10016 -6823
4749 Valley View, LLC, c/o Petsmart-Lease Admin Department, Phoenix,
Arizona 85027
USR Real Estate Holdings, LLC, 500 Staples Drive, Framingham, Massachuetts
01705
Katherine Huff Trust, 204 S Jefferson Street, Suite 200, Roanoke, Virginia
24011
Wal Mart Real Estate Business Trust, P. O. Box 8050, Bentonville, Arizona
72716
Valley View Mall SPE, LLC, 2030 Hamilton Place Boulevard, Suite 500,
Chattanooga, Tennessee 37421
Chick- Fil -A, Inc., 5200 Buffington Road, Atlanta, Georgia 30349
Frontier 0407 Valley View, LLC, 1801 S. W. 3rd Avenue, Suite 500
Miami, Florida 33129
DocuSign Envelope ID: 898F1D86- BC1C- 450C- 894D- lC58F53C343A
Zoning Amendment,
,w
Application
Department of Planning, Building and Development ROA N O K E
Room 166, Noel C. Taylor Municipal Building
215 Church Avenue, S.W.
Roanoke, Virginia 24011 Click Here to Print
Phone: (540) 853 -1730 Fax: (540) 853 -1230
Filing Date: 26 July 2021 Submittal Number: Original Application
❑ Rezoning, Not Otherwise Listed ❑ Amendment of Proffered Conditions
❑ Rezoning, Conditional ❑x 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: 4807 Valley View Blvd Roanoke, VA 24012
Official Tax No(s).: 2370102
Existing ❑x Without Conditions Ordinance
Zoning: CLS, Commercial -Large Slte ❑ With Conditions No(s). (If
❑ Planned Unit Development applicable):
Requested ❑ Without Conditions Proposed Eating Establishment &
Zoning: LXPUD, Mixed Use Planned Unit Developmei ❑ With Conditions Land Use: Drive - through facility
❑
x Planned Unit Development
Name: Walmart Real Estate Business Trust Phone Number: 2146386800
Address: 1701 South Walton Blvd., Bentonville, AR 72716
DIN d @,d
Tom Rud CN -T@R d Pda �m
Date: 2021.0]. 2613'. 49.05- 05'00' _
Property Owner's Signature
E -mail
Ftrud@idgroupdallas.com
Name: CFT NV Developments, LLC Phone Number: 6267999898
Address: 1683 Walnut Grove Ave., Rosemead, CA 91770 E -mail: Roger.Goldstein @PandaRG.cc
FDocuSig
DItt,V' Gb(�ShAVI
Name: Tom Rud (idGROUP) Phone Number: 2146386800
Address: 12641 Irving Blvd. Dallas, TX 75203
E -mail: trud @idgroupdallas.com
Tom Rud Digits y om u
as.c
DN: C =US. E= tn,d @idgroupdall m,
CN =Tom Rud
Dale: 2021 07.26 13:48:25 -05'00'
Authorized Agent's Signature:
Zoning Amendment
Application Ch ecklist
E I -
(x Completed application form and checklist.
Fx- Written narrative explaining the reason for the request.
r Metes and bounds description, if applicable.
r Filing fee.
• Concept plan meeting the Application Requirements of item '2(c)' in Zoning Amendment Procedures.
• Written proffers. See the City's Guide to Proffered Conditions.
Concept plan meeting the Application Requirements of item'2(c)' in Zoning Amendment Procedures. Please label as
'development plan' if proffered.
Fx- 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(4)(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.
Written proffers to be amended. See the City's Guide to Proffered Conditions.
F- Copy of previously adopted Ordinance.
F- Amended development plan meeting the requirements of Section 36.2 -326 of the City's Zoning Ordinance.
F Copy of previously adopted Ordinance.
Amended comprehensive signage plan meeting the requirements of Section 36.2 - 336(4) of the City's Zoning Ordinance.
F- Copy of previously adopted Ordinance.
F A Traffic Impact Study in compliance with Appendix B -2(e) of the City's Zoning Ordinance.
(— Cover sheet.
F- Traffic impact analysis.
F- Concept plan.
F- Proffered conditions, if applicable.
F Required fee.
*An electronic copy of this application and checklist can be found at www. roanokeva .gov /planningcommission. A complete packet must
be submitted each time an application is amended, unless otherwise specified by staff.
CIVIL ENGINEERING SERVICES, PC
P.O. Box 1302, Fairview, TN 37062 Office (615) 533 -0401
July 21, 2021
City of Roanoke
Department of Planning, Building and Development
Room 166, Noel C. Taylor Municipal Building
215 Church Avenue, SW
Roanoke, Virginia 24011
RE: Project Narrative regarding the Planned Unit Development for a New Lot for a Commercial Building,
Site is Located at 4107 Valley View Blvd. in Roanoke, Virginia.
To whom it may concern:
The project site is located at 4107 Valley View Blvd. The site is currently part of an overall larger
development as a Walmart Super Center. The property is to be subdivided with this PUD and is
currently an existing parking lot that services the Walmart and is approximately 0.60 acres in size.
The overall development size is 20.4 acres including a 215,000 s.f. Walmart Super Center with
over 1,000 parking spaces. This parcel is zoned CLS (Commercial Large Site). The Roanoke
County Assessor Parcel Number for this property is #970020292.
The purpose for creating this PUD is to create a subdivision for a new lot that will be developed to
construct a new 2,500 s.f. commercial restaurant with a drive through. The building will have a
maximum seating capacity of 64 seats and will have a total number of 51 parking stalls to service
the restaurant. This amount of parking does exceed the maximum parking allowed but this is to
help the overall development with overflow parking.
This revised PUD does slightly increase traffic in the area, but this impact will be minimal due to
the nature of this restaurant is not a trip generator but does attract traffic already on the roadways.
This new addition will help the storm water runoff in the area by adding additional green space
that does not presently exist.
Again, thank you for giving Civil Engineering Services this opportunity to submit this Narrative for
this project for your consideration.
Respectfully,
Ray G. Flake, P.E.
JDF /rgf Creation of a PUD Narrative - Panda Express — City of Roanoke, Virginia
BLEW & ASSOCIATES, PA
CIVIL ENGINEERS & LAND SURVEYORS
ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE CITY OF ROANOKE,
ROANOKE COUNTY, VIRGINIA, AND BEING A PART OF TRACT "B -1 ", WAL MART REAL ESTATE BUSINESS
TRUST, RECORDED IN MAP BOOK 1, PAGE 2846, AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT A 1/2 INCH REBAR WITH PLASTIC CAP (ILLEGIBLE) AT THE NORTHWEST CORNER OF
SAID TRACT "B -1"
THENCE SOUTH 38 °52'16" WEST, A DISTANCE OF 95.22 FEET TO A SET 5/8" REBAR FOR THE POINT OF
BEGINNING;
THENCE WITH A CURVE TO THE LEFT WITH A RADIUS OF 244.94 FEET, WITH AN ARC LENGTH OF 47.60
FEET, WITH A CHORD BEARING OF SOUTH 89 °59'52" EAST, WITH A CHORD LENGTH OF 47.52 FEET, TO A
SET PK NAIL;
THENCE WITH A COMPOUND CURVE TO THE LEFT WITH A RADIUS OF 197.95 FEET, WITH AN ARC
LENGTH OF 29.76 FEET, WITH A CHORD BEARING OF NORTH 80 °45'55" EAST, WITH A CHORD LENGTH
OF 29.73 FEET, TO A SET PK NAIL;
THENCE NORTH 75 °55'28" EAST, A DISTANCE OF 37.37 FEET TO A SET PK NAIL;
THENCE WITH A CURVE TO THE RIGHT WITH A RADIUS OF 206.20 FEET, WITH AN ARC LENGTH OF
110.03 FEET, WITH A CHORD BEARING OF SOUTH 88 °47'21" EAST, WITH A CHORD LENGTH OF 108.73
FEET, TO A SET PK NAIL;
THENCE SOUTH 73 °30'10" EAST, A DISTANCE OF 30.90 FEET TO A SET PK NAIL;
THENCE SOUTH 39 °02'48" WEST, A DISTANCE OF 255.79 FEET TO A SET PK NAIL;
THENCE NORTH 50 °57'12" WEST, A DISTANCE OF 193.24 FEET TO A SET 5/8" REBAR;
THENCE NORTH 38 °52'16" EAST, A DISTANCE OF 95.22 FEET TO THE POINT OF BEGINNING.
CONTAINING 36,086 SQUARE FEET OR 0.828 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND
RIGHTS -OF -WAY OF RECORD.
3825 NORTH SHILDH DRIVE - FAYETTEVII.LE / ARKANSAS - 72703
P H 0 N F:: 479 - 443 -4506 - FAX: 479 -582- 1 883
SITE DATA TABLE
-ILUFT 1111 21
L111 EELFIE 11EICEl— 11 - .11 11'
A.
III IF 11. FLUAI
PANDA
tkohttA
®4N7-1,
M.,
4�OP Ex14 -644
0 0
E K \ <Ga�?
PANDA EXPRESS. INC.
1888 Walwl Grave Ave
Ell—d, C*1111a
91110
wpanaF
ee py mhm
m eat D<k�
�m�in pnirem�
REVISIONS:
ORAWN BY. PTO
PANDA PROJECT p: 50- 21x7680
PANDASTOREk'. . El-
ARCH PROJECT k' - XXXXX -XXX
C-1 FngiD —G` ile..
............ �� s;sl���a.
o�n�����o�s�o
PANDA EXPRESS
TRUE WARM AND WELCOME
4807 VALLEY VIEW BLVD
ROANOHE. VIRGINIA 14013
DEVELOPMENT PLAN
EX -A
TRUE WARM A WELCOME 3YJ0 R1
E
E 101
PA— EXPRESS INC
1683 WMISI C-1 A,�
NP-- C
T, 'I'll, Ol
1-1, - I, Ol�
REVISIONS
ISSUE GATE
Id
PANDA EXPRESS
TRUE WARM & WELCOME
4807 VALLEY VIEW BLVD.
ROANOKE VA24012
A-200
EXTERIOR
LEVATIONS
Tt
E111.1-1-0 �1_1
T� —1
I All
NORTH - E - LEVATION - REAR
sale 1 -0'
T l� 114 1 �oA-
EXTERIOR FINISH SCHEDULE
--ZT-El
Ell-E
ATE.
I
T— 1—
E
�E
I =M1,�2==111
"T �T: 0 .....
—11TE 1-11T 1111TIN-1
IMAL 1.111—
SCHEDULES�--:�
SIM, NTS I A-2001
RTI
I. I N. ,
------------
A=M. .- - - - - - - - - - - - - -
IT.11
IT I
11--
1" 'RT
i.
I 1 01
IT
]-
SOUTH ELEVATION (FRONT
1
E
E 101
PA— EXPRESS INC
1683 WMISI C-1 A,�
NP-- C
T, 'I'll, Ol
1-1, - I, Ol�
REVISIONS
ISSUE GATE
Id
PANDA EXPRESS
TRUE WARM & WELCOME
4807 VALLEY VIEW BLVD.
ROANOKE VA24012
A-200
EXTERIOR
LEVATIONS
4 Ffi�A`,Ga�AEE„E�e,e�
Jzv��Et �
.s
rs -t
__ QP EkP I
L_�—
Y f —_ — uum,rcncuacarucc [ ssuu[s
BFI <c:.Prt BU,
yMf
F.
'SEE sHEE I lF2W FOR E$rEWOR FINISH 1CHEW LE
WEST ELEVATION LDRIVE -THRU SIDEa _ 2
_
A -201
22221 AF F
r h
PP
4 N
! '
WIEIT-
Lam—
A.
Y
sEE SHEET a2oo FoR ExrewoR FINISH scHEOULE
EAST ELEVATION ENTRANCE SIDE 1
a�9y. EXA,4�N
00
may' ~FSE 101 � �2
PANDA EXPRESS INC.
few Warm c,oae Aaa.
RVs curom:a
91'o
wlti,unir. anon en mvion d v +w'[.p +a irc.
REVISIONS
1511E DATE
DRAWN BY
i
PANDA EXPRESS
TRUE WARM Z WELCOME
— VALLEY VIEW BLVD.
ROANOKE. VA 2.12
A -201
EXTERIOR
ELEVATIONS
exAR��
00
may' ~FSE K1'1L��2
PANDAE —Ell INC_
I- WaInN Grove Ave
R - CAN-
91 0
..vni. s3s l]2eaDe
REVISIONS
SUE DATE
DRAWN BY
PANDA PROJECiN 114O6
ARCH PROJECT 261 -245
PANDA EXPRESS
TRUE WARM 8 WELCOME
4801 VALLEY VIEW BLVD.
ROANOKE VA 24012
A -202
S ILDINN
PERSPECTIVES
P EXp
PANDA EXPRESS - AVERAGE TRAFFIC /SALES
! • 8' MIDWEST REGION
'MA CNINESEt
IN
TIME
TRANS
SUNDAY
SALES
PANDA
213 COMBO KIDMEAL BOWL
PANDA
FEAST TOTAL
TIME
TRANS
F PANDA
SALES 21300MS0 KIDMEAL BOWL
PANDA
FEAST TOTAL
11'.00 AM
11:30 AM
3
$ 39 68
11.00 AM
11.30 AM
11'.00 AM
1130 AM
24
$ 185.10
12'.00 PM
11 30 AM
12:00 PM
9
$ 136.50
13 o s
1 20
11 30 AM
12'.00 PM
33
$ 314.79 4e S 1s
70
1200 PM
1230 PM
19
$ 199.18
35
$ 336.45
12.00 PM
12.30 PM
47
$ 418.19
$ 190.77 57 A 1e
12:30 PM
1 00 PM
19
$ 215.40
31 z is
55
12:30 PM
1 00 PM
31
$ 278.37 73 1 z0
94
1 00 PM
1 30 PM
10
$ 117.76
zs z 4
32
1:00 PM
1:30 PM
25
$ 195.48 4o 2 s
47
5'.00 PM
5'.30 PM
19
$ 234.25
5.30 PM
6.00 PM
5:00 PM
5:30 PM
11
$ 132.20
6'.00 PM
5'.30 PM
600 PM
23
$ 2'275
54 1 s
64
5.30 PM
6.00 PM
19
$2 2.04 33 1 6
2 42
600 PM
6.30 PM
26
$ 332.86
2'
$ 30606 71 7 16
6.00 PM
6'.30 PM
30
$ 355.28
$ 254.46 54 5 7
6.30 PM
7.00 PM
20
$ 275.65
ss 5 s
79
6:30 PM
700 PM
27
$ 287.52 64 4 23
91
7'.00 PM
7'.30 PM
17
$ 203.31
54
730 PM
7:00 PM
7'.30 PM
22
$ 283.57
8'.00 PM
7.30 PM
8'.00 PM
12
$ 162.13
31 4 10
51
7:30 PM
800 PM
23
$ 227.36 52 z 16
64
BOO PM
8:30 PM
16
$ 183.42
8'.00 PM
8:30 PM
18
$ 188,78
T saes $3,640.29 TTRAN 306 Tsales 4,186.02 TTRAN 416
RH Sales $2,352.89 RHTRAN 193 RHSales $3,10868 RHTRAN 310
% 64.63% % 63.07% % 74.26% % 74.52%
TIME
TRANS
TUESDAY(6112) DA
PAN
SALES MCOM80 KIDMEAL BOWL
PANDA
FEAST TOTAL
TIME
TRANS
F♦
PANDA
SALES V3COMBO KIDMEAL BOWL
PANDA
FEAST TOTAL
11'.00 AM
11.30 AM
30
$ 246.14
$ 177.72 2S s 4
11.00 AM
11.30 AM
K
$ 326.36
$ 229.35
11'.30 AM
12'.00 PM
48
$ 422.20 S6 2 33
91
11:30 AM
12'.00 PM
48
$ 463.47 73 x 26
101
12.00 PM
12.30 PM
47
$ 398.04
$ 145.79
12:00 PM
12.30 PM
35
$ 336.45
$ 220.09 37 2 1
1230 PM
1:00 PM
22
$ 190.77 57 A 1e
79
1230 PM
100 PM
36
$ 310.78 17 x 17
86
1 00 PM
1:30 PM
23
$ 247,29 37 x 13
52
1 00 PM
1'.30 PM
28
$ 257.66 47 10
57
5'.00 PM
5'.30 PM
14
$ 141.41
5'.00 PM
5'.30 PM
17
$ 244.53
5.30 PM
6.00 PM
29
$ 358.82 45 5 13
63
5:30 PM
6'.00 PM
26
$ 273.76 57 1 11
69
6'.00 PM
6:30 PM
31
$ 441.57
600 PM
6'.30 PM
20
$ 232.14
630 PM
7:00 PM
2'
$ 30606 71 7 16
1 95
6'.30 PM
7:00 PM
22
$ 254.46 54 5 7
66
7'.00 PM
7:30 PM
15
$ 214.46
7.00 PM
7'.30 PM
18
$ 193.18
7.30 PM
800 PM
15
$ 174.86 45 6 3
54
730 PM
8.00 PM
23
$ 228 41 43 3 17
63
8'.00 PM
8'.30 PM
25
$ 303.90
8'.00 PM
8'.30 PM
17
$ 214.55
Tsales $4,313.58 TTRAN 424 Tsales $4,515.88 TTRAN 440
RH sales $ 3,445.52 RH TRAN 326 RH sales $ 3,335.75 RH TRAN 325
% 79.88% % 76.89% % 73.87% % 73.86%
TIME
TRANS
THURSDAY(6114) PANDA
SALES L3 COMBO KIDMEAL BOWL
PANDA
FEAST TOTAL
TIME
TRANS
FRIDAY(6115) PANDA
SALES 213COMBO KIDMEAL BOWL
PANDA
FEAST TOTAL
11:00 AM
11:30 AM
26
$ 257.99
$ 177.72 2S s 4
11'.00 AM
11'.30 AM
31
$ 273.89
$ 229.35
11.30 AM
12:00 PM
4,
$ 425.15 56 2 x
92
11 30 AM
12:00 PM
4�
$ 426.41 65 10 xo
95
12 -00 PM
1230 PM
48
$ 434.81
$ 145.79
12 -00 PM
1230 PM
4i
$ 458.73
$ 220.09 37 2 1
12'.30 PM
1'.00 PM
3a
$ 329 69 72 zs
100
12'.30 PM
100 PM
3�
$ 305.42 74 1 22
97
1'.00 PM
1'.30 PM
21
$ 222.66 37 1 s
47
1'.00 PM
1 30 PM
18
$ 187.51 36 1 e
46
5'.00 PM
5'.30 PM
18
$ 202.97
5'.00 PM
5'.30 PM
15
$ 184.84
5'.30 PM
6.00 PM
22
$2 7.98 44 7 13
1 65
5'.30 PM
6.00 PM
22
$ 228.93 40 3 tz
55
600 PM
6 3O PM
$ 253 61
600 PM
6:30 PM
" '
$ 357.82
6'.30 PM
700 PM
2
$ 365.44 61 s 13
1 83
630 PM
7 00 PM
21
$ 265.92 64 9 17
90
7'.00 PM
7'.30 PM
2-
$ 268.87
7'.00 PM
7:30 PM
23
$ 2fi7,69
7'.30 PM
8'.00 PM
$ 339.92 11 1 12
83
7'.30 PM
8'.00 PM
24
$ 283.30 sc 1 11
68
8'.00 PM
8'.30 PM
17
$ 191.70
8.00 PM
8:30 PM
16
$ 209.35
Tsales $4,781.96 TTRAN 469 Tsales 4,979.41 TTRAN 474
RH sales $3.590.79 RH TRAN 359 RH sales $3,449.81 RH TRAN 347
% 75.09% % 76.55% % 69.28% % 73.21%
TIME
TRANS
SALES L3COMSO KIDMEAL BOWL
FEAST TOTAL
11:00 AM
11:30 AM
7
$ 86.11
11:30 AM
12:00 PM
1 <
$ 177.72 2S s 4
35
12:00 PM
12:30 PM
18
$ 229.35
12.30 PM
100 PM
16
$ 154.92 34 S 1
46
100 PM
1'.30 PM
14
$ 158.81 3s 1 14
46
5'.00 PM
5:30 PM
15
$ 145.79
23.77
24.23
5:30 PM
6'.00 PM
15
$ 220.09 37 2 1
40
600 PM
6:30 PM
21
$ 224.70
1.75 268.00
6'.30 PM
7:00 PM
17
$ 197.99 40 1 16
57
7'.00 PM
7:30 PM
1-
$ 205.84
Saturda
7'.30 PM
8:00 PM
12
$ 93.65 31 3 1
z 37
Tsales $3,531.84 TTRAN 310
RH sales $2,071.39 RHTRAN 196
% 58,65% % 6123 %
AVERAGE TRAFFIC SUMMARY
Da s
Total Trans
Factor Avg cars per day Hours per Day
Avo Cars Per Hour
Da s
3vg. meals per custom,
Sunday
306
1.75 174.86
10
17.49
Sunday
Monday
Tuesday
416
424
1.75 2 377 1
1.75 242.29
10
10
23.77
24.23
Monday
Tuesday
Wednesday
440
1.75 251.43
10
25.14
Wednesday
Thursday
469
1.75 268.00
10
26.80
Thursday
Friday
474
1.75 270.86
10
27.09
Friday
Saturda
318
1.75 181.71
10
1 18.17
1 Saturday
ZONING DISTRICT MAP
4807 Valley View Blvd NW (portion)
Official Tax Parcel: 2370102 (portion)
Area to be Rezoned
Zoning
AD: Airport Dev
- CG: Commercial - General
- CLS: Commercial -Large Site
CN: Commercial- Neighborhood
D: Downtown
- 1 -1: Light Industrial
- 1 -2: Heavy Industrial
- IN: Institutional
INPUD: Institutional Planned Unit Dev
- IPUD: Industrial Planned Unit Dev
E MX: Mixed Use
MXPUD: Mixed Use Planned Unit Dev
R -12: Res Single - Family
R -3: Res Single - Family
R -5: Res Single - Family
R -7: Res Single - Family
RA: Res - Agricultural
RM -1: Res Mixed Density
RM -2: Res Mixed Density
RMF: Res Multifamily
ROS: Recreation and Open Space
- UF: Urban Flex
Conditional Zoning
N
0 100 200 Feet
r
W L
iI S
G," "- , - 0
!�
cry
P
.11�'
?
"00 ,c p, p,7 J�
.� �6 _ pro o0 P
X67 p o,� �o "s
o7
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of September, 2021.
No. 42165- 092021.
A RESOLUTION approving the 2020 -2021 HUD Consolidated Annual Performance and
Evaluation Report (CAPER) regarding the United States Department of Housing and Urban Development
(HUD) Community Development Block Grant (CDBG) program; and authorizing the City Manager to
submit the CAPER to HUD.
WHEREAS, the City of Roanoke regularly receives HUD and CDBG grant monies each year to
use in HUD funded community service programs;
WHEREAS, HUD requires each locality receiving such funds to develop a Consolidated Annual
Performance and Evaluation Report (CAPER) that includes a review of the specific community
development and housing activities that were undertaken during the recently concluded program /fiscal
year and identify the amount of funding that benefited low -to- moderate income persons; and
WHEREAS, as described in the City Council Agenda Report dated September 20, 2021, the
CAPER was made available to the public August 23, 2021 through September 22, 2021 for review and
public comment, and a properly advertised public hearing was held on September 20, 2021 to receive
public comments, and no comments were made.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows:
City Council hereby approves the CAPER attached to the City Council Agenda Report
dated September 20, 2021.
2. The City Manager is hereby authorized, for and behalf of the City, to execute the CAPER,
in a form approved by the City Attorney, and to submit same to HUD by September 30, 2021.
ATTEST:
City Clerk.
O�
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: September 20, 2022
Subject: Approval of 2020 -2021 Consolidated Annual Performance and
Evaluation Report (CAPER) for US Department of Housing and
Urban Development
Background:
Federal law requires all participating jurisdictions that receive funds from the U.S.
Department of Housing and Urban Development (HUD) to submit a Consolidated
Annual Performance and Evaluation Report (CAPER) no later than September 30
following the close of the prior program year. This submittal follows a 30 -day
public comment period that was properly advertised in a newspaper of general
circulation beginning August 23, 2021 and expired on September 22, 2021,
including a public hearing by the Roanoke City Council on September 20, 2021.
The City made the draft CAPER available to the public through a variety of means,
including the City's website, by mail to citizens upon request, at the City Municipal
Building, at the City's Main Branch Library, and at the Roanoke Redevelopment and
Housing Authority's Executive Offices. Any comment received during the 30 -day
public comment period will be included in the final CAPER.
Considerations:
Submission of the CAPER to HUD is required action to remain eligible to receive
future HUD funds. City Council should consider approval of the CAPER and
authorize its submission by the City Manager or his designee to HUD.
Recommended Actions:
Adopt the attached resolution to approve the 2020 -21 HUD Consolidated
Performance and Evaluation Report (CAPER), and direct the City Manager or his
designee to execute and submit the CAPER to the Richmond Field Office of the U.S.
Department of Housing and Urban Development prior to September 30, 2021, in a
form a the City Attorney.
Robert S. Cowell, Jr., City Manager
Distribution: Council Appointed Officers
W. Brent Robertson, Assistant City Manager for Community Development
Clarence G. Grier, Deputy City Manager
Amelia Merchant, Director of Finance
Jillian Papa Moore, Director of Planning, Building and Development
Keith Holland, Community Resources Program Administrator
CR -05 - Goals and Outcomes
Progress the jurisdiction has made in carrying out its strategic plan and its action plan. 91.520(a)
This could be an overview that includes major initiatives and highlights that were proposed and executed throughout the program year.
The City of Roanoke has had success in the past with concentrating its entitlement funds into a defined targeted area over multiple years to
encourage revitalization and public investment. This year marks the completion of the sixth year of community development projects in the
Melrose- Orange Target Area (MOTA) and was a bridge year into Belmont /Fallon Target Area (BFTA). The city has focused a majority of its
resources in the MOTA with great success directly affecting approximately 330 households since 2014, of which approximately 145 were in
MOTA. In addition, code enforcement, emergency home repair and accessibility improvements for the handicapped were activities funded for a
city -wide impact. Additionally, several public services also served the whole city. City Council policy on the use of HUD funds sets an objective
to designate at least 51% of CDBG and HOME non - administrative funds into targeted areas. During this Program Year the City focused 69% of
the funds into MOTA. The last major project in MOTA was to be a streetscape project along Melrose Ave NW between 20th and 24th Streets.
This project was delayed because of Coronavirus; City matching funds were pulled when there was the anticipation of a shortage of funds for
general operation. The City of Roanoke was able to restore the matching funds from the general fund and the project is now moving forward.
Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and
explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g)
Categories, priority levels, funding sources and amounts, outcomes /objectives, goal outcome indicators, units of measure, targets, actual
outcomes /outputs, and percentage completed for each of the grantee's program year goals.
CAPER
OMB Control No: 2506 -0117 (exp. 09/30/2021)
Goal
Category
Source
Indicator
Unit of
Expected
Actual —
Percent
Expected
Actual—
Percent
/
Measure
—
Strategic
Complete
—
Program
Complete
Amount
Strategic
Plan
Program
Year
Plan
Year
CDBG:
Administration
Administration
HOME:
Other
Other
1
1
100.00%
1
1
100.00%
ESG: $
Non - Housing
Housing Code
Household
Code
Community
CDBG:
Enforcement /Foreclosed
Housing
3000
917
600
917
Enforcement
$
°
30.57/0
°
152.83/0
Development
Property Care
Unit
Direct Financial
Down Payment
Affordable
HOME:
Households
5
6
Assistance
Housing
$
Assistance to
Assisted
25
6
°
24.00%
120.00%
Homebuyers
Non - Housing
Economic
CDBG:
Businesses
Community
Businesses assisted
2
2
Development
$
Assisted
°
100.00%
Development
CDBG:
Tenant -based rental
Homeless
Homeless
$ /
assistance / Rapid
Households
125
0
200
0
0.00%
Services
Assisted
°
0.00%
ESG: $
Rehousing
CDBG:
Homeless
Homeless
$
Homeless Person
Persons
1000
0
25
0
0.00%
Services
G
Overnight Shelter
Assisted
0.00%
. $
CDBG:
Homeless
Homelessness
Persons
Services
Homeless
$ /
prevention
Assisted
50
93
°
186.00/
10
93
930.00%
ESG: $
CAPER
OMB Control No: 2506 -0117 (exp. 09/30/2021)
CAPER
OMB Control No: 2506 -0117 (exp. 09/30/2021)
Affordable
Household
Housing
Housing
CDBG:
Rental units
Housing
5
7
1
7
Rehabilitation
Non- Homeless
$
rehabilitated
140.00%
700.00%
Unit
Special Needs
Affordable
Household
Housing
Housing
CDBG:
Homeowner Housing
Housing
300
45
60
45
Rehabilitation
Non - Homeless
$
Rehabilitated
15.00%
75.00%
Unit
Special Needs
CDBG:
Household
New
Affordable
$ /
Homeowner Housing
Housing
15
0
3
0
o
0.00%
Homeownership
Housing
HOME:
Added
0.00%
Unit
$
CDBG:
Household
New
Affordable
$ /
Homeowner Housing
3
Homeownership
Housing
HOME:
Rehabilitated
Housing
20
3
15.00%
4
75.00%
Unit
Public Facility or
Non - Housing
Infrastructure Activities
Public Facilities
Community
y
CDBG:
$
ther than
Persons
Assisted
0
3835
800
3835
479.38%
Development
Low /Moderate Income
Housing Benefit
Public Facility or
Non - Housing
CDBG:
Infrastructure Activities
Households
Public Facilities
Community
100
0
$
for Low /Moderate
Assisted
0
0.00/
Development
Income Housing Benefit
Public Facility or
Non - Housing
Infrastructure Activities
Public
CDBG:
Persons
Community
other than
6000
0
Infrastructure
$
Assisted
0
0.00/
Development
Low /Moderate Income
Housing Benefit
CAPER
OMB Control No: 2506 -0117 (exp. 09/30/2021)
Table 1- Accomplishments — Program Year & Strategic Plan to Date
CAPER
OMB Control No: 2506 -0117 (exp. 09/30/2021)
Public Facility or
Public
Non - Housing
CDBG:
Infrastructure Activities
Households
Community
0
0
1200
0
0.00%
Infrastructure
$
for Low /Moderate
Assisted
Development
Income Housing Benefit
Public Facility or
Non - Housing
Infrastructure Activities
Public Services
Community
CDBG:
other than
Persons
0
0
0
0
Assisted
Development
Low /Moderate Income
Housing Benefit
Public service activities
Non - Housing
CDBG:
other than
Persons
Public Services
Community
$
Low /Moderate Income
Assisted
150
3848
2,565.33%
30
3848
12,826.67%
Development
Housing Benefit
Non - Housing
Public service activities
Public Services
Community
CDBG:
for Low /Moderate
Households
50
0
10
0
0.00%
$
Assisted
0.00%
Development
Income Housing Benefit
Table 1- Accomplishments — Program Year & Strategic Plan to Date
CAPER
OMB Control No: 2506 -0117 (exp. 09/30/2021)
Assess how the jurisdiction's use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan,
giving special attention to the highest priority activities identified.
All funds provided under the CDBG, HOME and ESG programs address high priority objectives identified in the Consolidated Plan. No activity
was denoted to be less of a priority than any other activity as all activities aim to assist low- income families to achieve their highest and best
attainments in life. Most funding was targeted towards the Melrose- Orange Targeted Area so that the impact of all funds could be felt in real
and lasting positive effects in this neighborhood.
Housing Rehabilitation Note: All housing repair and /or rehabilitation is becoming more costly. The need to make these repairs and rehabs are
even more important, but the disruptions in supply chains and rising costs is posing a challenge.
CAPER
OMB Control No: 2506 -0117 (exp. 09/30/2021)
5
CR -10 - Racial and Ethnic composition of families assisted
Describe the families assisted (including the racial and ethnic status of families assisted).
91.520(a)
Table 2 — Table of assistance to racial and ethnic populations by source of funds
Narrative
CDBG, HOME and ESG funds were utilized to benefit a variety of races and ethnicities. No one race was
given priority over others. All programs are operated as a first come, first served basis regardless of race
or ethnic background.
During last years report the SAGE system has two extra category not listed in CAPER: "Multiple Races" &
"Client Doesn't Know /Client Refused ". There were a total of 13 listed as "Multiple Races" and 1 as
"Client Doesn't Know /Client Refused ".
For ESG, the racial breakdown of project participants are as follows: 33 "White "; 59 "Black or African
American "; 0 "Asian "; 1 "American Indian or American Native "; 3 "Multiple Races" ; 1 "Client Doesn't
Know /Refused ". For Ethnicty: 5 "Hispanic "; 102 "Non- Hispanic"
For ESG -CV, the racial breakdown of project participants are as follows: 393 "White "; 266 "Black or
African American "; 2 "Asian "; 8 "American Indian or American Native "; 3 "Multiple Races" ; 1 "Client
Doesn't Know /Refused ". For Ethnicty: 20 "Hispanic "; 691 "Non- Hispanic"
CAPER
OMB Control No: 2506 -0117 (exp. 09/30/2021)
I.
CDBG
HOME
ESG
White
203
1
426
Black or African American
248
5
325
Asian
37
0
2
American Indian or American Native
29
0
9
Native Hawaiian or Other Pacific Islander
1
0
0
Total
518
6
762
Hispanic
82
1
25
Not Hispanic
448
5
793
Table 2 — Table of assistance to racial and ethnic populations by source of funds
Narrative
CDBG, HOME and ESG funds were utilized to benefit a variety of races and ethnicities. No one race was
given priority over others. All programs are operated as a first come, first served basis regardless of race
or ethnic background.
During last years report the SAGE system has two extra category not listed in CAPER: "Multiple Races" &
"Client Doesn't Know /Client Refused ". There were a total of 13 listed as "Multiple Races" and 1 as
"Client Doesn't Know /Client Refused ".
For ESG, the racial breakdown of project participants are as follows: 33 "White "; 59 "Black or African
American "; 0 "Asian "; 1 "American Indian or American Native "; 3 "Multiple Races" ; 1 "Client Doesn't
Know /Refused ". For Ethnicty: 5 "Hispanic "; 102 "Non- Hispanic"
For ESG -CV, the racial breakdown of project participants are as follows: 393 "White "; 266 "Black or
African American "; 2 "Asian "; 8 "American Indian or American Native "; 3 "Multiple Races" ; 1 "Client
Doesn't Know /Refused ". For Ethnicty: 20 "Hispanic "; 691 "Non- Hispanic"
CAPER
OMB Control No: 2506 -0117 (exp. 09/30/2021)
I.
CR -15 - Resources and Investments 91.520(a)
Identifv the resources made available
Source of Funds
Source
Resources Made
Available
Amount Expended
During Program Year
CDBG
public - federal
2,115,213
1,418,572
HOME
public - federal
745,929
764,647
ESG
public - federal
152,376
134,096
Table 3 - Resources Made Available
Narrative
Identifv the geographic distribution and location of investments
Target Area
Planned Percentage
Actual Percentage of
Narrative Description
of Allocation
Allocation
Melrose- Orange Target Area
(M OTA)
51
Table 4 — Identify the geographic distribution and location of investments
Narrative
CAPER
OMB Control No: 2506 -0117 (exp. 09/30/2021)
7
Leveraging
Explain how federal funds leveraged additional resources (private, state and local funds),
including a description of how matching requirements were satisfied, as well as how any
publicly owned land or property located within the jurisdiction that were used to address the
needs identified in the plan.
Each year the local Habitat for Humanity, Habitat for Humanity in the Roanoke Valley, Inc.,
tracks their volunteer hours per address. The volunteer hours are reported as number of hours
volunteered per project address. City Staff uses the $10 /hr value to determine the amount of
match. City of Roanoke is very lucky to have a very active and robust Habitat for Humanity
chapter. The City is able to make the required match because of all the hard work of the Habitat
volunteers.
Fiscal Year Summary — HOME Match
1. Excess match from prior Federal fiscal year
2,810,603
2. Match contributed during current Federal fiscal year
0
3. Total match available for current Federal fiscal year (Line 1 plus Line 2)
2,810,603
4. Match liability for current Federal fiscal year
79,699
5. Excess match carried over to next Federal fiscal year (Line 3 minus Line 4)
2,730,904
Table 5 — Fiscal Year Summary - HOME Match Report
CAPER
OMB Control No: 2506 -0117 (exp. 09/30/2021)
0
Match Contribution for the Federal Fiscal Year
Project No. or
Date of
Cash
Foregone
Appraised
Required
Site
Bond
Total Match
Other ID
Contribution
(non - Federal
Taxes, Fees,
Land /Real
Infrastructure
Preparation,
Financing
3,933
0
2,892
sources)
Charges
Property
Construction
Materials,
Donated labor
Table 6 — Match Contribution for the Federal Fiscal Year
HOME MBE /WBE report
Program Income — Enter the program amounts for the reporting period
Balance on hand at begin-
Amount received during
Total amount expended
Amount expended for
Balance on hand at end of
ning of reporting period
reporting period
during reporting period
TBRA
reporting period
3,933
2,892
3,933
0
2,892
Table 7 — Program Income
CAPER
OMB Control No: 2506 -0117 (exp. 09/30/2021)
Minority Business Enterprises and Women Business Enterprises — Indicate the number and dollar value
of contracts for HOME projects completed during the reporting period
and the total amount of HOME funds in these rental properties assisted
Total
Minority Business Enterprises
White Non -
Hispanic
Alaskan
Native or
American
Indian
Asian or
Pacific
Islander
Black Non-
Hispanic
Hispanic
Contracts
Dollar
Amount
0
0
0
0
0
0
Number
0
0
0
0
0
0
Sub - Contracts
Number
0
0
0
0
0
0
Dollar
Amount
0
0
0
0
0
0
0
Total
Women
Business
Enterprises
Male
0
Contracts
Dollar
Amount
0
0
0
Number
0
0
0
Sub - Contracts
Number
0
0
0
Dollar
Amount
0
0
0
Table 8 - Minority Business and Women Business Enterprises
Minority Owners of Rental Property — Indicate the number of HOME assisted rental property owners
and the total amount of HOME funds in these rental properties assisted
Total
Minority Property
Owners
White Non -
Alaskan
Asian or
Black Non-
Hispanic
Hispanic
Native or
Pacific
Hispanic
American
Islander
Indian
Number
0
0
0
0
0
0
Dollar
Amount
0
0
0
0
0
0
Table 9 — Minority Owners of Rental Property
CAPER
OMB Control No: 2506 -0117 (exp. 09/30/2021)
10
Relocation and Real Property Acquisition — Indicate the number of persons displaced, the cost of
relocation payments, the
number of parcels acquired, and the cost of acquisition
Parcels Acquired
0
0
Businesses Displaced
0
0
Nonprofit Organizations
Displaced
0
0
Households Temporarily
Relocated, not Displaced
0
0
Households
Total
Minority Property
Enterprises
White Non -
Alaskan
Asian or
Black Non-
Hispanic
Displaced
Hispanic
Native or
Pacific
Hispanic
American
Islander
Indian
Number
0
0
0
0
0
0
Cost
0
0
0
0
0
0
Table 10 — Relocation and Real Property Acquisition
CAPER
OMB Control No: 2506 -0117 (exp. 09/30/2021)
11
CR -20 - Affordable Housing 91.520(b)
Evaluation of the jurisdiction's progress in providing affordable housing, including the
number and types of families served, the number of extremely low- income, low- income,
moderate - income, and middle- income persons served.
Table 11— Number of Households
One -Year Goal
Actual
Number of Homeless households to be
provided affordable housing units
0
0
Number of Non - Homeless households to be
provided affordable housing units
0
142
Number of Special -Needs households to be
provided affordable housing units
0
5
Total
0
147
Table 11— Number of Households
Table 12 — Number of Households Supported
Discuss the difference between goals and outcomes and problems encountered in meeting
these goals.
The City is pleased with its progress this year in meeting and exceeding planned goals and objectives in
providing affordable housing to low- income households in the city of Roanoke. Funds utilized for
rehabilitation, new homeownership, and homeless intervention programs assisted 23 households this
program year. The city expects to continue to meet or exceed its goals when referring to
CAPER
OMB Control No: 2506 -0117 (exp. 09/30/2021)
12
One -Year Goal
Actual
Number of households supported through
Rental Assistance
0
93
Number of households supported through
The Production of New Units
3
3
Number of households supported through
Rehab of Existing Units
0
48
Number of households supported through
Acquisition of Existing Units
0
3
Total
3
147
Table 12 — Number of Households Supported
Discuss the difference between goals and outcomes and problems encountered in meeting
these goals.
The City is pleased with its progress this year in meeting and exceeding planned goals and objectives in
providing affordable housing to low- income households in the city of Roanoke. Funds utilized for
rehabilitation, new homeownership, and homeless intervention programs assisted 23 households this
program year. The city expects to continue to meet or exceed its goals when referring to
CAPER
OMB Control No: 2506 -0117 (exp. 09/30/2021)
12
affordable housing. This year we had to manage our expectations because of the COVID-19
pandemic. Our subrecipients worked hard to ensure the safety of the homeowners, volunteers and
contractors to accomplished this work. PY20 was a "bridge year" as we moved out of MOTA and started
work in the next target area in Belmont - Fallon (BFTA). We had projects in both local target areas. Most
if not all subrecipients had to change business practices to accommodate Coronavirus pandemic safety
measures. In some cases the subrecipient was able to expend all awarded funds and others were
not. Our, as well as our subrecipients, priority was the safety our beneficiaries and staff.
The City of Roanoke's partners contributed significantly to the development and preservation of safe,
decent, and affordable housing units. As the Annual Action Plan was developed during COVID -19, it was
unclear how many housing units would be rehabilitated or constructed. Partners continued to ensure
that those most in need, were provided with rehabilitated units for homeownership and /or housing
units were preserved for those to remain. Five (5) units were retrofitted for those with disabilities to
maintain their housing unit.
As a response to COVID -19, the City of Roanoke invested CDBG -CV funds for those facing housing
instability due to reduced income. Eligible households (93) were provided with rental assistance to
ensure they remained housed.
The City of Roanoke's partners contributed significantly to the development and preservation of safe,
decent, and affordable housing units. As the Annual Action Plan was developed during COVID -19, it was
unclear how many housing units would be rehabilitated or constructed. Partners continued to ensure
that those most in need, were provided with rehabilitated units for homeownership and /or housing
units were preserved for those to remain. Five (5) units were retrofitted for those with disabilities to
maintain their housing unit.
As a response to COVID -19, the City of Roanoke invested CDBG -CV funds for those facing housing
instability due to reduced income. Eligible households (93) were provided with rental assistance to
ensure they remained housed.
Discuss how these outcomes will impact future annual action plans.
This will be the last year the City will target its funds toward the Melrose Orange Targeted Area. PY20
was a "bridge- year" as we moved into the Belmont - Fallon local target area. We will continue an
emphasis on homeowner housing and affordable new homeownership opportunities in order to
CAPER
OMB Control No: 2506 -0117 (exp. 09/30/2021)
13
stabilize and revitalize this minority- majority neighborhood. These projects will continue to have
positive impacts long into the future. The lessons learned about how best to do the work in a changing
enviroment will continue to guide us as we strive to better our community.
Include the number of extremely low- income, low- income, and moderate - income persons
served by each activity where information on income by family size is required to determine
the eligibility of the activity.
Number of Households Served
CDBG Actual
HOME Actual
Extremely Low- income
26
4
Low - income
14
2
Moderate - income
15
0
Total
55
6
Table 13 — Number of Households Served
Narrative Information
Emphasis on the most vulnerable in the City of Roanoke continue to be the focus of housing
preservation and ownership opportunities. The distribution of households served by partner agencies
and financial resources depicts the attention paid on ensuring access to safe & decent housing.
CAPER
OMB Control No: 2506 -0117 (exp. 09/30/2021)
14
CR -25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c)
Evaluate the jurisdiction's progress in meeting its specific objectives for reducing and ending
homelessness through:
Reaching out to homeless persons (especially unsheltered persons) and assessing their
individual needs
The City's Homeless Assistance Team (HAT) provides street outreach services to the city's homeless
population. Through a centralized intake office conveniently located downtown and near the bus
terminal, the Homeless Assistance Team reaches out to homeless individuals and families that are
unsheltered to assess their needs and vulnerability using the locally approved assessment tool.
Additionally, individuals seeking housing services from shelter to rental assistance are assessed with the
same standardized tool through our coordinated entry process. The City's Central Intake team takes lead
on this process through assessing and referring individuals to the most appropriate resource that
matches their needs.
Addressing the emergency shelter and transitional housing needs of homeless persons
The City's annual ESG funding was used to provide emergency shelter through two local agencies: Family
Promise and ARCH. Additional ESG -CV funds were also used to create non - congregate shelter and
increase staffing capacity so that households experiencing homelessness had a safe place to shelter.
Annual ESG funds covered the operations costs at ARCH; ARCH's building was coverted to an isolation
and quarantine station for homelessnes individuals during the height of the pandemic. Annual ESG funds
were also used to provide case management services to families experiencing homelessness through
Family Promise. ESG -CV funds were used to establish a non - congregate shelter for individuals and
families who were living on the streets and needed a safe shelter option. ESG -CV funds were also used
to expand family shelter at Family Promise as well as expand emergency shelter options for individuals
and families fleeing domestic violence at TAP. ESG -CV funds also allowed our largest year -round shelter
expand capacity so that shelter residents could safely socially distance while in congregate shelter.
Helping low- income individuals and families avoid becoming homeless, especially extremely
low- income individuals and families and those who are: likely to become homeless after
being discharged from publicly funded institutions and systems of care (such as health care
facilities, mental health facilities, foster care and other youth facilities, and corrections
programs and institutions); and, receiving assistance from public or private agencies that
address housing, health, social services, employment, education, or youth needs
The City partners with the Community Housing Resource Center, part of the Council of Community
Services, to provide homeless prevention services. CDBG and ESG funds were used to provide homeless
prevention programs to families in danger of becoming homeless. The Community Housing Resource
CAPER 15
OMB Control No: 2506 -0117 (exp. 09/30/2021)
Center provides referral services that ensure families are connecting to health, social services,
employment, eduction, and other various resources that promote stability and individual well- being.
ESG -CV and CDBG -CV funds were also targeted towards homelessness prevention activities to mitigate
the devasting effects the pandemic has had on economic and housing stability. These services are
provided by TAP.
Helping homeless persons (especially chronically homeless individuals and families, families
with children, veterans and their families, and unaccompanied youth) make the transition to
permanent housing and independent living, including shortening the period of time that
individuals and families experience homelessness, facilitating access for homeless individuals
and families to affordable housing units, and preventing individuals and families who were
recently homeless from becoming homeless again
The global health crisis this past year has strained our homeless response system. CDBG and ESG funds
were used to boost the homelessness prevention programs. While efforts to prevent homelessness
increased, there was also a notable increase in the average lengths of time people were experiencing
homelessness. Continued energy is directed towards increasing staffing levels within our homeless
response system so that intensive supportive services are provided.
CAPER
OMB Control No: 2506 -0117 (exp. 09/30/2021)
16
CR -30 - Public Housing 91.220(h); 91.320(j)
Actions taken to address the needs of public housing
The City of Roanoke has its public housing needs served by the Roanoke Redevelopment and Housing
Authority. (RRHA). The RRHA is a separate public body and therefore provides all of the services to
citizens for any housing choice vouchers, Section 8 programs, public housing, and homeownership
opportunities. No CDBG or HOME funds were invested in PY 2020 in public housing activities and no
additional housing units were created using CDBG or HOME funds.
The RRHA is committed to providing residents the opportunity to be involved in the business of
improving their communities, and also supports residents in pursuing their self- sufficiency goals. The
RRHA's Resident Services Team works to provide employment training, resident development,
supportive services, follow -up and business development services to all public housing and HCV
residents. Section 3 of the Housing and Community Development Act of 1968, as amended in 1994,
requires that employment and other economic opportunities generated by HUD funding are directed, to
the greatest extent feasible, toward low- and very -low income residents. The RRHA is committed to
achieving the goals set forth by HUD in preparing residents to be employable by the contractors who
receive RRHA and city contracts. The activities available to residents include resume writing, application
processes, mock interviews, how to dress and prepare for interviews, specific job training workshops,
vocational classes and other services to meet the hiring trends to connect RRHA residents to the
available job openings in the region. In addition, RRHA conducts active outreach to potential
contractors to educate them about Section 3 requirements and the benefits of providing employment
opportunities to low- and very -low income residents.
Actions taken to encourage public housing residents to become more involved in
management and participate in homeownership
RRHA encourages residents to become more involved in residential life by having the management of
the public housing units contained within the housing complexes themselves. RRHA encourages and
supports resident leadership opportunities and training through the development of Resident
Councils. Public housing households are encouraged to participate in homeownership through the
Family Self- Sufficiency program that provides Section 8 Housing Choice Voucher payments towards the
household's mortgage payments while the household receives job training and housing budget
counseling to ensure their success through homeownership.
Actions taken to provide assistance to troubled PHAs
Not applicable as the RRHA is not designated as a troubled agency.
CAPER
OMB Control No: 2506 -0117 (exp. 09/30/2021)
17
CR -35 - Other Actions 91.220(j) -(k); 91.320(1) -(j)
Actions taken to remove or ameliorate the negative effects of public policies that serve as
barriers to affordable housing such as land use controls, tax policies affecting land, zoning
ordinances, building codes, fees and charges, growth limitations, and policies affecting the
return on residential investment. 91.220 (j); 91.320 (i)
The City continues to seek opportunities for public input into restrictive policies and procedures. The
City has undertaken an update to the City's Comprehensive plan. This plan will guide policy decisions
and long -term investments in our community until 2040. Themes incorporated into the Comprehensive
Plan include: Interwoven Equity, Healthy Community, Harmony with Nature; Livable Built Environments,
Responsible Regionalism, and Resilient Economy. The elements of City Plan 2040 consist of priorities,
policies, and actions. The plan's priorities are the most prominent areas of concern identified by the
community. The plan's policies create a decision - making guide to address each priority. The plan's
actions are specific steps needed to implement each policy and achieve the long -term vision of City Plan
2040. After the Comprehensive Plan was adopted the City will update the individual Neighborhood
Plans. The Community Resources Division participated in the review of several plans during program
year 2020, including the update to the City's Comprehensive Plan, began the selection of the next Target
Area, and participated in equity discussions related to ensuring the City's Comprehensive Plan is equity -
informed.
Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j)
The City received its annual allocation of ESG funding to address homelessness in the city. In addition,
funding was provided to the Blue Ridge Independent Living Center to provide home modification
services for low- income disabled individuals and families in order to allow them to remain in their
homes. The City continues to provide training and outreach to underserved populations to encourage
homeownership and responsible rental housing practices.
Actions taken to reduce lead -based paint hazards. 91.220(k); 91.320(j)
The City's Lead Safe Roanoke program utilized HUD funding to remediate lead based paint hazards in 20
homes during July 2020 - June 2021. Lead Safe Roanoke is funded by HUD'S Office of Lead Hazard
Control & Healthy Homes (OLHCHH). Lead Safe Roanoke completed the 5th round of funding May 2021
and began the 6th round of funding for $3.7 million in January 2021. Since 2003, Lead Safe Roanoke has
remediated a total of 445 homes within the City of Roanoke. This program is designed to reduce
childhood lead poisoning by stabilizing lead based paint hazards often found in the City's aged housing
stock (pre- 1978), which includes both owner occupied and tenant based properties.
Actions taken to reduce the number of poverty -level families. 91.220(k); 91.320(j)
In partnership with Habitat for Humanity in the Roanoke Valley, the City has endeavored to reduce the
CAPER
OMB Control No: 2506 -0117 (exp. 09/30/2021)
18
number of poverty -level families through the provision of homeownership assistance and substantial
housing and budget counseling. A requirement for CDBG or HOME funded downpayment assistance
program is the provision of housing counseling services which assists families to better plan for their
finances and, therefore, improve their financial situation through savings and building equity in their
homes. In addition, families currently living in poverty are provided information and referral to social
and economic services that may make an impact on their financial situations. The city also
encourages participation in the Virginia Individual Development Account (VIDA) program for all poverty -
level citizens in order to save for homeownership.
Actions taken to develop institutional structure. 91.220(k); 91.320(j)
Staff continues to seek professional development by attending a number of HUD sponsored classes and
assorted trainings. Staff continues to cross -train so that all staff are knowledgeable of all HUD rules and
regulations. Additionally, staff continues to use the HEROS system to input the environmental reviews,
which will assist with the compliance of environmental regulations.
Actions taken to enhance coordination between public and private housing and social service
agencies. 91.220(k); 91.320(j)
The City staff meets regularly with social service and public and private housing organizations in
conjunction with the Roanoke Regional Housing Network, the Blue Ridge Interagency Council on
Homelessness, and the Roanoke Neighborhood Revitalization Partnership. In addition, members of
these organizations are on the City's Fair Housing Board, which provides training and interaction on fair
housing and accessibility issues to more than 300 individuals each year. The COVID -19 pandemic has
slowed down in- person training and meeting, but it has not slowed our involvement with other
organizations and agencies. It has forced us to develop new ways to interact, Zoom Meetings,
GoToMeeting, conference calls, etc. There new tools will be with us into the future.
Identify actions taken to overcome the effects of any impediments identified in the
jurisdictions analysis of impediments to fair housing choice. 91.520(a)
In order to overcome impediments to fair housing choice, the City has a Fair Housing Board that works
to provide education and outreach on the topic of fair housing choice to local residents and housing
professionals. More than 300 people attended two training topics offered during the program
year. The City has translated its Fair Housing brochures into Spanish and has used artwork for our Fair
Housing campaign that includes Spanish verbiage. The City's Fair Housing Board is made up of a cross
section of the community both racially and by gender, including two members with disabilities.
CAPER
OMB Control No: 2506 -0117 (exp. 09/30/2021)
19
CR -40 - Monitoring 91.220 and 91.230
Describe the standards and procedures used to monitor activities carried out in furtherance
of the plan and used to ensure long -term compliance with requirements of the programs
involved, including minority business outreach and the comprehensive planning
requirements
The Community Resources Division maintains a Risk Analysis policy that requires that each activity
undertaken with federal funds have a completed risk analysis worksheet as part of the project file. This
worksheet determines whether or not there must be on -site monitoring or whether the activity can
receive desk monitoring. All CDBG and HOME projects that have liens placed against the property have
ownership and occupancy verified annually through a bulk mailing. This ensures that the properties
remain the primary residence of the funding beneficiary. All ESG funded properties are monitored
annually to ensure that their facilities pass the necessary inspections and that the individuals residing in
those facilities are protected.
Citizen Participation Plan 91.105(d); 91.115(d)
Describe the efforts to provide citizens with reasonable notice and an opportunity to
comment on performance reports.
-- DRAFT - --
update with any comments received during public hearing
An advertisement was placed in the Roanoke Times, a newspaper of general circulation, on Friday,
August 20, 2021, with a 30 day public comment period commencing on Monday, August 23, 2021, and
concluding on September 22, 2021. This comment period and advertisement corresponded with the
city's Citizen Participation Plan. A public hearing was held by Roanoke City Council on Monday,
September 20, 2021. No comments were received during the comment period or during the Council
public hearing.
CAPER
OMB Control No: 2506 -0117 (exp. 09/30/2021)
20
CR -45 - CDBG 91.520(c)
Specify the nature of, and reasons for, any changes in the jurisdiction's program objectives
and indications of how the jurisdiction would change its programs as a result of its
experiences.
There are no changes in the program objectives for Program Year 2020. The City still invests a majority
of CDBG and HOME funds into targeted areas. This policy encourages public investment, increases the
chances that such targeted areas will reduce blighting influences, and become a revitalized
neighborhood with opportunities for all socioeconomic classes to reside. These strategies also intend to
deconcentrate poverty and ensure that all individuals have opportunities.
Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI)
grants?
(T
[BEDI grantees] Describe accomplishments and program outcomes during the last year.
CAPER
OMB Control No: 2506 -0117 (exp. 09/30/2021)
21
CR -50 - HOME 91.520(d)
Include the results of on -site inspections of affordable rental housing assisted under the
program to determine compliance with housing codes and other applicable regulations
Please list those projects that should have been inspected on -site this program year based upon
the schedule in §92.504(d). Indicate which of these were inspected and a summary of issues
that were detected during the inspection. For those that were not inspected, please indicate
the reason and how you will remedy the situation.
No HOME funds were allocated for affordable rental housing, so no rental housing units were inspected
during the program year.
Provide an assessment of the jurisdiction's affirmative marketing actions for HOME units.
92.351(b)
All of the non - administrative HOME funds were allocated to Habitat for Humanity in the Roanoke
Valley. As such, there is a built -in pre- existing market for homeownership within the applicants and
a waiting list for Habitat homes. Habitat has been very successful in reaching out to refugees and
English as a second language populations. Habitat is marketed through newscasts, community
gatherings, ribbon cutting and other ceremonies, through word of mouth, and social media. Individuals
and families are accepted into the program based on their ability to repay a mortgage and cooperate
with the Habitat building process. If the household has credit or other issues barring them from
participating, the household is assisted through certified housing counselors to become self- sufficient in
order to obtain a Habitat mortgage. Interpreters are provided when necessary to ensure equal access to
housing.
Refer to IDIS reports to describe the amount and use of program income for projects,
including the number of projects and owner and tenant characteristics
For Program Year 2020, the City received $2,891.67 in HOME program income. These funds are not
earmarked for a specific project but instead are part of the total HOME funds awarded to Habitat for
Humanity for new homeownership development.
Describe other actions taken to foster and maintain affordable housing. 91.220(k) (STATES
ONLY: Including the coordination of LIHTC with the development of affordable housing).
91.320(j)
The City of Roanoke continues to operate the HOME program as a recapture program with shared
appreciation. The sharing of appreciation allows the City to reinvest program income back into the
affordable housing programs and ensure more households can be assisted. This year the City invested
its allocation of HOME funds into the Melrose- Orange Target Area (MOTA) and Belmont - Fallon Target
CAPER
OMB Control No: 2506 -0117 (exp. 09/30/2021)
22
Areas (BFTA). These areas were chosen due to the high concentration of older homes, poverty and
minority populations. As such, the priority is not only on building new homes, but rehabilitating and
reoccupying abandoned, dilapidated, or dilapidating homes. As part of this process, the City has chosen
to focus on local target areas in an attempt to focus the activity and build synergy with other private and
public housing focused organizations. This will assist the city to help many more households. Program
Year 20 was a bridge year as we move out of MOTA and into BFTA (Belmont - Fallon Target Area.)
CR -60 - ESG 91.520(g) (ESG Recipients only)
ESG Supplement to the CAPER in a -snaps
For Paperwork Reduction Act
1. Recipient Information —All Recipients Complete
Basic Grant Information
Recipient Name ROANOKE
Organizational DUNS Number 006704316
EIN /TIN Number 546001569
Indentify the Field Office RICHMOND
Identify CoC(s) in which the recipient or Roanoke City & County /Salem CoC
subrecipient(s) will provide ESG assistance
ESG Contact Name
Prefix
First Name
Middle Name
Last Name
Suffix
Title
ESG Contact Address
Street Address 1
Street Address 2
City
State
ZIP Code
Phone Number
Extension
OMB Control No: 2506 -0117 (exp. 09/30/2021)
Mr
KEITH
L
HOLLAND
0
Community Resources Program Administrator
215 Church Avenue
Room 305 North
Roanoke
VA
24011-
5408536404
0
CAPER
23
Fax Number
Email Address
ESG Secondary Contact
Prefix
First Name
Last Name
Suffix
Title
Phone Number
Extension
Email Address
5408536597
KEITH. HOLLAND@ ROANOKEVA.GOV
Ms
Catherine
Browning
0
Community Resources Program Specialist 1
5408536879
0
hope.browning @roanokeva.gov
2. Reporting Period —All Recipients Complete
Program Year Start Date 07/01/2020
Program Year End Date 06/30/2021
3a. Subrecipient Form — Complete one form for each subrecipient
Subrecipient or Contractor Name: COUNCIL OF COMMUNITY SERVICES
City: Roanoke
State: VA
Zip Code: 24004, 0598
DUNS Number: 926483611
Is subrecipient a victim services provider: N
Subrecipient Organization Type: Other Non - Profit Organization
ESG Subgrant or Contract Award Amount: 127676
Subrecipient or Contractor Name: TOTAL ACTION AGAINST POVERTY
City: Roanoke
State: VA
Zip Code: 24001, 2868
DUNS Number: 066005943
Is subrecipient a victim services provider: Y
Subrecipient Organization Type: Other Non - Profit Organization
ESG Subgrant or Contract Award Amount: 289854
CAPER
OMB Control No: 2506 -0117 (exp. 09/30/2021)
24
Subrecipient or Contractor Name: Family Promise Emergency Shelter
City: Salem
State: VA
Zip Code: 24153, 3758
DUNS Number: 153503862
Is subrecipient a victim services provider: N
Subrecipient Organization Type: Faith -Based Organization
ESG Subgrant or Contract Award Amount: 59500
Subrecipient or Contractor Name: The ARCH
City: Roanoke
State: VA
Zip Code: 24016, 3920
DUNS Number: 011548224
Is subrecipient a victim services provider: N
Subrecipient Organization Type: Other Non - Profit Organization
ESG Subgrant or Contract Award Amount: 900629
Subrecipient or Contractor Name: Rescue Mission Ministries
City: Roanoke
State: VA
Zip Code: 24013, 1404
DUNS Number: 000000000
Is subrecipient a victim services provider: N
Subrecipient Organization Type: Faith -Based Organization
ESG Subgrant or Contract Award Amount: 45000
CAPER
OMB Control No: 2506 -0117 (exp. 09/30/2021)
25
CR -65 - Persons Assisted
4. Persons Served
4a. Complete for Homelessness Prevention Activities
Number of Persons in
Households
Total
Adults
0
Children
0
Don't Know /Refused /Other
0
Missing Information
0
Total
0
Table 16 — Household Information for Homeless Prevention Activities
4b. Complete for Rapid Re- Housing Activities
Number of Persons in
Households
Total
Adults
0
Children
0
Don't Know /Refused /Other
0
Missing Information
0
Total
0
Table 17 — Household Information for Rapid Re- Housing Activities
4c. Complete for Shelter
Number of Persons in
Households
Total
Adults
0
Children
0
Don't Know /Refused /Other
0
Missing Information
0
Total
0
Table 18 — Shelter Information
CAPER
OMB Control No: 2506 -0117 (exp. 09/30/2021)
W.
CAPER
OMB Control No: 2506 -0117 (exp. 09/30/2021)
27
4d. Street Outreach
Number of Persons in
Households
Total
Adults
0
Children
0
Don't Know /Refused /Other
0
Missing Information
0
Total
0
Table 19 — Household Information for Street Outreach
4e. Totals for all Persons Served with ESG
Number of Persons in
Households
Total
Adults
0
Children
0
Don't Know /Refused /Other
0
Missing Information
0
Total
0
Table 20 — Household Information for Persons Served with ESG
S. Gender — Complete for All Activities
Table 21— Gender Information
CAPER
OMB Control No: 2506 -0117 (exp. 09/30/2021)
28
Total
Male
0
Female
0
Transgender
0
Don't Know /Refused /Other
0
Missing Information
0
Total
0
Table 21— Gender Information
CAPER
OMB Control No: 2506 -0117 (exp. 09/30/2021)
28
6. Age — Complete for All Activities
Table 22 — Age Information
7. Special Populations Served — Complete for All Activities
Number of Persons in Households
Subpopulation
Total
Under 18
0
18 -24
0
25 and over
0
Don't Know /Refused /Other
0
Missing Information
0
Total
0
Table 22 — Age Information
7. Special Populations Served — Complete for All Activities
Number of Persons in Households
Subpopulation
Total
Total Persons
Total Persons
Total
Served —
Served — RRH
Persons
Prevention
Served in
Emergency
Shelters
Veterans
0
0
0
0
Victims of Domestic
Violence
0
0
0
0
Elderly
0
0
0
0
HIV /AIDS
0
0
0
0
Chronically Homeless
0
0
0
0
Persons with Disabilities:
Severely Mentally
III
0
0
0
0
Chronic Substance
Abuse
0
0
0
0
Other Disability
0
0
0
0
Total
(Unduplicated if
possible)
0
0
0
0
Table 23 — Special Population Served
CAPER
OMB Control No: 2506 -0117 (exp. 09/30/2021)
29
CR -70 — ESG 91.520(g) - Assistance Provided and Outcomes
10. Shelter Utilization
Number of New Units - Rehabbed
0
Number of New Units - Conversion
0
Total Number of bed - nights available
162,400
Total Number of bed - nights provided
79,774
Capacity Utilization
49.12%
Table 24 — Shelter Capacity
11. Project Outcomes Data measured under the performance standards developed in
consultation with the CoC(s)
- - - -- DRAFT - - - --
ALL EMERGENCY SHELTER — (Needs DV Shelter Beds Added)
Total Bed Nights Provided: 79,774
Total Bed Nights Available: 162,400
The performance standards for shelter has been identified as operating at 75% capacity. The ESG funded
shelter bed nights available was 44,505; the number of provided beds was 40,500. ESG- funded shelter
capacity operated at 91% capacity. The overall utilization rate was lower this year for a few reasons. One
shelter's model relies on church space for shelter and volunteers to operate. Due to the pandemic,
churches were no longer offering their space and there was a decrease in volunteers. This shelter
program (Family Promise) temporarily suspended services until an alternative, non - congregate shelter
options was funded by ESG -CV. Additionally, with the creation of the non - congregate hotel program, it
was noticed that people who typically would stay at the City's largest congregate shelter were now
residents of the hotel program as this was a safer option. This meant that the congregate shelter's
capacity was lower than normal as households transitioned from this model of emergency shelter to the
non - congregate model.
CAPER
OMB Control No: 2506 -0117 (exp. 09/30/2021)
30
CR -75 — Expenditures
11. Expenditures
11a. ESG Expenditures for Homelessness Prevention
Table 25 — ESG Expenditures for Homelessness Prevention
11b. ESG Expenditures for Rapid Re- Housing
Dollar Amount of Expenditures in Program Year
2018
2019
2020
Expenditures for Rental Assistance
0
0
0
Expenditures for Housing Relocation and
Stabilization Services - Financial Assistance
0
0
0
Expenditures for Housing Relocation &
Stabilization Services - Services
0
0
0
Expenditures for Homeless Prevention under
Emergency Shelter Grants Program
0
0
0
Subtotal Homelessness Prevention
0
0
0
Table 25 — ESG Expenditures for Homelessness Prevention
11b. ESG Expenditures for Rapid Re- Housing
Table 26 — ESG Expenditures for Rapid Re- Housing
11c. ESG Expenditures for Emergency Shelter
Dollar Amount of Expenditures in Program Year
2018
2019
2020
Expenditures for Rental Assistance
0
0
0
Expenditures for Housing Relocation and
Stabilization Services - Financial Assistance
0
0
0
Expenditures for Housing Relocation &
Stabilization Services - Services
0
0
0
Expenditures for Homeless Assistance under
Emergency Shelter Grants Program
0
0
0
Subtotal Rapid Re- Housing
0
0
0
Table 26 — ESG Expenditures for Rapid Re- Housing
11c. ESG Expenditures for Emergency Shelter
CAPER
OMB Control No: 2506 -0117 (exp. 09/30/2021)
31
Dollar Amount of Expenditures in Program Year
2018
2019
2020
Essential Services
0
0
0
Operations
0
0
0
Renovation
0
0
0
CAPER
OMB Control No: 2506 -0117 (exp. 09/30/2021)
31
Major Rehab
0
0
0
Conversion
0
0
0
Subtotal
0
0
0
Table 27 — ESG Expenditures for Emergency Shelter
11d. Other Grant Expenditures
Table 28 - Other Grant Expenditures
11e. Total ESG Grant Funds
Total ESG Funds Expended
Dollar Amount of Expenditures in Program Year
2019
2018
2019
2020
Street Outreach
0
0
0
HMIS
0
0
0
Administration
0
1 0
0
Table 28 - Other Grant Expenditures
11e. Total ESG Grant Funds
Total ESG Funds Expended
2018
2019
2020
Other Non -ESG HUD Funds
0
0
0
Table 29 - Total ESG Funds Expended
11f. Match Source
CAPER
OMB Control No: 2506 -0117 (exp. 09/30/2021)
32
2018
2019
2020
Other Non -ESG HUD Funds
0
0
0
Other Federal Funds
0
0
0
State Government
0
0
0
Local Government
0
0
0
Private Funds
0
j 0
0
CAPER
OMB Control No: 2506 -0117 (exp. 09/30/2021)
32
Other
0
0
0
Fees
0
0
0
Program Income
0
0
0
Total Match Amount
0
0
0
Table 30 - Other Funds Expended on Eligible ESG Activities
11g. Total
Total Amount of Funds
2018
2019
2020
Expended on ESG
Activities
0
0
0
Table 31- Total Amount of Funds Expended on ESG Activities
CAPER
OMB Control No: 2506 -0117 (exp. 09/30/2021)
33
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
CITY OF ROANOKE - HUD COMMUNITY
Attn Keith Holland
NOEL C. TAYLOR MUNICIPAL BLDG
ROOM 305 NORTH
ROANOKE, VA 24011
Account Number
6017077
Date
August 20, 2021
Date Category Description Ad Size Total Cost
08/29/2021 Legal Notices NOTICE OF PUBLIC HEARING DRAFT 2020 -2021 CONSOLI[ 1 x 110 L 571.60
Publisher of the
Roanoke Times
I, (the undersigned) an authorized representative of the
Roanoke Times, a daily newspaper published in Roanoke, in the
State of Virginia, do certify that the annexed notice NOTICE OF
PUBLIC HEARING was published in said newspapers on the
following dates:
08/20/2021
The First insertion being given ... 08/20/2021
Newspaper reference: 0001250394
NN� % 1% K%
Billing Representativ
Sworn to and subscribed before me this 20th Day of August 2021
,:"'et
Notary Public
State o r inia Crystal Mickie Robinson
g Notary Public
County of Hanover Commonwealth of A ginia
My Commission expires Reg. No. 7932290
My Comm. xpires une , 2025
THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU
NOTICE OF PUBLIC HEARING
DRAFT
20202021
CONSOLIDATED ANNUAL
PERFORMANCE AND
EVALUATION REPORT
CITY OF ROANOKE,
VIRGINIA
Pursuant to 24 CFR 91.105, notice is
hereby given that on Monday,
September 20, 2021, at 7:00 p.m, or as
soon thereafter as the matter may be
heard, the City Council of Roanoke,
Virginia, will meet in the City Council
Chamber, 4th Floor, Noel C. Taylor
Municipal Building, 215 Church Avenue,
S.W., Roanoke, Virginia, for the purpose
of holding a public hearing on the
City's draft 2020 -2021 HUD
Consolidated Annual Performance and
Evaluation Report for the 2020 -2021
program year (2020 -2021 CAPER). All
persons shall be afforded an
opportunity to speak and state their
views concerning all aspects of the
draft 2020.2021 CAPER within such
reasonable time limits as shall be
established by City Council. Written
comments of interested persons will be
received by the City Clerk at any time
prior to the hearing.
Beginning Monday, August 23, 2021, the
draft 2020.2021 CAPER will be available
for a 30 -day public review and
comment period The draft 2020 -2021
CAPER will be 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 on the draft 2020.2021
CAPER must be received in written
form, which may be submitted by
postal mail, e-mail or fax, no later than
Wednesday. September 22, 2021, 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
may be obtained by calling (540) 853-
6404
This public hearing may be conducted
by electronic communication means
due to the COVID -19 pandemic
disaster. All persons wishing to
address City Council must sign -up with
the City Clerk's Office by emailing
clerk @roanokeva.gov or calling (540)
853 -2541 by 12:00 noon, on Monday,
September 20, 2021. Citizens who
register will be provided information to
present their testimony in person or via
electronic communications means
should the public hearing be conducted
by electronic communications means
due to COVID -19 pandemic disaster.
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 16, 2021.
Given under my hand this 20h day of
August, 2021.
Cecelia F. McCoy, City Clerk
(1250394)
NOTICE OF PUBLIC HEARING
Dz�� DRAFT
2020 -2021
CONSOLIDATED ANNUAL
PERFORMANCE AND EVALUATION REPORT
CITY OF ROANOKE,
VIRGINIA
Pursuant to 24 CFR 91.105, notice is hereby given that on Monday, September 20, 2021, at 7:00 p.m., or
as soon thereafter as the matter may be heard, the City Council of Roanoke, Virginia, will meet in the City
Council Chamber, 4th Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke,
Virginia, for the purpose of holding a public hearing on the City's draft 2020 -2021 HUD Consolidated
Annual Performance and Evaluation Report for the 2020 -2021 program year (2020 -2021 CAPER). All
persons shall be afforded an opportunity to speak and state their views concerning all aspects of the draft
2020 -2021 CAPER within such reasonable time limits as shall be established by City Council. Written
comments of interested persons will be received by the City Clerk at any time prior to the hearing.
Beginning Monday, August 23, 2021, the draft 2020 -2021 CAPER will be available for a 30 -day public
review and comment period. The draft 2020 -2021 CAPER will be 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 on the draft 2020 -2021 CAPER must be received in written form, which may be submitted by
postal mail, e -mail or fax, no later than Wednesday, September 22, 2021, 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 may be obtained by calling (540) 853 -6404
This public hearing may be conducted by electronic communication means due to the COVID -19
pandemic disaster. All persons wishing to address City Council must sign -up with the City Clerk's Office
by emailing clerk @roanokeva.gov or calling (540) 853 -2541 by 12:00 noon, on Monday, September 20,
2021. Citizens who register will be provided information to present their testimony in person or via
electronic communications means should the public hearing be conducted by electronic communications
means due to COVID -19 pandemic disaster.
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 16, 2021.
Given under my hand this 20" day of August, 2021.
Cecelia F. McCoy, City Clerk
Please publish this notice in the legal section of The Roanoke Times on Friday, August 20, 2021
Affidavit of publication to:
Keith Holland, HUD Community Resources Administrator
E -mail: keith.hollandnroanokeva.gov
Bill to:
City of Roanoke
HUD Community Resources Division
Noel C. Taylor Municipal Building, Room 305 North
215 Church Avenue, SW
Roanoke, Virginia 24011
RECEIVED
SEp 16 2021
OFFICE. OF THE
r,iTY MANAGER
CITY OF ROANOKE COMMUNITY
DEVELOPEMENT
Ann Brent Robertson, Assistant City Manager
215 CHURCH AVENUE, S. W., SUITE 456
ROANOKE. VA 24011
Date Category
A)�Wa&
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
Description
Ad Size
08/19/2021 Legal Notices NOTICE OF PUBLIC HEARING Pursuant to the requirements 1 x 70 L
Publisher of the
NOTICE OF PUBLIC HEARING Roanoke Times
FAccount Number
6017304
Date
September 10, 2021
Total Cost
389.20
pursuant to the requirements of Sec-
tions 152- 1800.6 and 15.2 -1813. Code of
Virginia (1950), as amended. notice Is
hereby given that the Council of the
hear-
I, (the undersigned) an authorized representative oft the
City of Roanoke will hold a public
Ing on September 20, 2021, at 7:00 p.m.,
Roanoke Times, a daily newspaper published in Roanoke, in the
or as soon thereafter as the matter
may be heard, in the Council Chamber,
C. Taylor Mu-
State of Virginia, do certify that the annexed notice NOTICE OF
4th Floor. Room 450, Noel
nicipal Building, 215 Church Avenue.
S.w.. Roanoke, Virginia, 24011. to re-
PUBLIC HEARING was published in said newspapers on the
Pro-
ceive public comments on the sal Pro
posed e o O f Norfolk Avenue. S.W..
following dates:
bearing official Tax Map No. 1110713.
TLC properties. local operator of Lamar
Advertising, proposes to purchase this
property for 58.000.
This public hearing may be conducted
09/10/2021
by electronic communication means
due to the COVID -19 pandemic disas-
ter. All persons wishing to address City
Council must sign -up with the City
Clerk's Office by emalling clerk®roano
keva.9ev or calling (540) 853 -2541 by
12:00 noun, un Munday, September 20,
2021. Citizens who register will be pro-
The First insertion being given ... 09)10/2021
vided information to present their tes-
timony via electronic communications
means should the public hearing be
conducted by electronic communica-
Newspaper reference: 0001249692
tions means due to COVID -19 pandemic
disaster.
The full text of the proposed contract
and ordinance Is available on and after
September 10, 2021, from the Office of
the City Clerk, 4th Floor. Room 456.
Noel C. Taylor Municipal Building. 215
Church Avenue, S.W.. Roanoke. Virgin -
Ia, 24011. Should these offices be
Billing Representative
closed to the public due to the COVID-
19 pandemic disaster, copies are avail-
able by contacting the City Clerk, by
telephone, at (540) 853 -2541. or by
email at clerk (groanokeva gov. For fur-
Sworn to and subscribed before me this 10th Day of September 2021
ther information on the matter, you
contact the Office of the City Clerk
may
at (540) 853 -2541.
If you are aperson with a disability accommodations
who needs
hearing. A ease contact the City Clerk's
Office
oon on Thursdays September 16. 2021
Notary Paglic
Given under my hand this 10th day of
September 2021.
State of Virginia
Cecelia F. McCoy, City Clerk
County of Hanover -hard A, Hundley t, Mary Public
(1249692)
My Commission expires irginia
Ik��tration No. 7904041
n Exit Jan 31, 2024
THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU
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 20, 2021, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the
Council Chamber, 4`h Floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue,
S.W., Roanoke, Virginia, 24011, to receive public comments on the proposed sale of 0 Norfolk
Avenue, S.W. bearing Official Tax Map No. 1110713. TLC Properties, local operator of Lamar
Advertising, proposes to purchase this property for $8,000.
This public hearing may be conducted by electronic communication means due to the COVID -19
pandemic disaster. All persons wishing to address City Council must sign -up with the City Clerk's
Office by emailing clerk @roanokeva.gov or calling (540) 853 -2541 by 12:00 noon, on Monday,
September 20, 2021. Citizens who register will be provided information to present their testimony
via electronic communications means should the public hearing be conducted by electronic
communications means due to COVID -19 pandemic disaster.
The full text of the proposed contract and ordinance is available on and after September 10, 2021,
from the Office of the City Clerk, 4th Floor, Room 456, Noel C. Taylor Municipal Building, 215
Church Avenue, S.W., Roanoke, Virginia, 24011. Should these offices be closed to the public due
to the COVID -19 pandemic disaster, copies are available by contacting the City Clerk, by
telephone, at (540) 853 -2541, or by email at clerk(?
roanokeva.gov. For further information on
the matter, you may contact the Office of the City Clerk 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 16, 2021.
Given under my hand this 10th day of September 2021.
Cecelia F. McCoy, City Clerk
Note to Publisher:
Please publish once in the Roanoke Times, legal notices, on Friday, September 10, 2021.
Please send bill to: Please send affidavit of publication to:
Brent Robertson, Assistant City Manager Cecelia F. McCoy, City Clerk
For Community Development 4r" Floor, Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364 215 Church Avenue, S.W., Room 456
Roanoke, Virginia, 24011 Roanoke, Virginia, 24011
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of September, 2021.
No. 42166 - 092021.
AN ORDINANCE authorizing the City Manager to execute Amendment No. 4 to the First
Reinstated Agreement for the Exchange of Real Estate between the City of Roanoke, Virginia
( "City) and Rutherfoord Partners, LLC ( "Developer ") dated September 17, 2019 ( "Agreement ")
to provide for (i) the sale and transfer of Campbell Court, as described below, from the City to
Developer; and (ii) the acquisition of the Future Rail Station Parcels, as described below, by the
City from Developer; and dispensing with the second reading of this ordinance by title.
WHEREAS, the Council of the City of Roanoke adopted Ordinance No. 41568- 091619,
adopted on September 16, 2019, in which Council approved the terms of the Agreement with the
City and Developer;
WHEREAS, the City and Hist:Re Partners, LLC executed the Agreement which was dated
September 17, 2019, and Hist:Re Partners, LLC subsequently assigned its rights and obligations
under the Agreement to Developer with the consent of the City;
WHEREAS, the Agreement provides for the transfer of Campbell Court from the City to
Developer in exchange for the transfer of the Future Rail Station Parcels from Developer to the
City;
WHEREAS, the Parties amended the Agreement by Amendment No. 1 dated June 16,
2020, to extend the Approval Period to September 30, 2020, and the Closing Date to December
31, 2020; Amendment No. 2 dated September 22, 2020 to extend the Approval Period to March
31, 2021, and the Closing date to June 30, 2021; and Amendment No. 3 dated March 31, 2021 to
extend the Approval Period to June 30, 2021, and the Closing date to September 30, 2021;
WHEREAS, all Parties have requested an extension of the Closing Date to January 31,
2022; and
1
WHEREAS, the City and Developer desire to amend the Agreement to address these
matters in accordance with the terms of Amendment No. 4.
THEREFORE, BE IYORDAINED by the Council of the City of Roanoke as-follows:
I. City Council hereby approves the terms of Amendment No. 4 to the Agreement as
set forth in the City Council Agenda Report dated September 20, 2021, which Amendment No. 4
amends the Agreement approved by City Council by Ordinance No. 41568-091619, adopted on
September 16, 2019, and provides for certain undertakings and obligations by the City and
Developer.
2. The City Manager is hereby authorized on behalf of the City to execute Amendment
No. 4 to the Agreement,to amend certain terms of the Agreement to extend the the Closing Date,
as defined in the Agreement,to not later than January 31, 2022, as set forth in the aforementioned
City Council Agenda Report. Amendment No. 4 to the Agreement is to be substantially similar to
the Amendment No. 4 attached to the Agenda Report.
3. The City Manager is further authorized on behalf of the City to negotiate and
execute such further documents and take such further actions related to this matter and as may be
necessary to implement, administer, and enforce the conditions and obligations that must be met
by the City and Developer pursuant to the Agreement and Amendment No. 4.
4. The form of the documents referred to above and in the Agenda Report are to be
approved by the City Attorney.
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:
City Clerk.
2
r
COUNCIL CITY •
To: Honorable Mayor and Members of City Council
Meeting: September 20, 2021
Subject: Amendment No. 4 to the First Reinstated Agreement for the
Exchange of Real Estate dated September 17, 2019 (the
Agreement) between the City of Roanoke (City) and Rutherfoord
Partners, LLC (Developer)
Background:
The City and Hist:Re Partners, LLC entered into a First Reinstated Agreement for
the Exchange of Real Estate dated September 17, 2019, whereby the City agrees
to sell, and Developer agrees to purchase Campbell Court, which consists of 13
parcels of real property, together with improvements thereon, situated at 29
Campbell Avenue, S.W., and 30 Salem Avenue, SW, as shown on Official Tax
Map Nos. 1011105, 1011106, 1011107, 1011108, 1011109, 1011110,
1011116, 1011117, 1011118, 1011119, 1011120, 1011122, and 1011129.
Hist:Re Partners, LLC subsequently assigned its rights and obligations under the
Agreement to Developer with the consent of the City.
In addition to the transaction stated above, Developer agrees to sell, and the
City agrees to purchase, two parcels of property, currently used as office space
for an insurance company, situated at 7 Jefferson Street, S.W. (Official Tax Map
Nos. 1010507 and 1010508) (Future Rail Station Parcels). Developer will
exchange the Future Rail Station Parcels, together with other consideration set
forth in the Agreement, at which Future Rail Station Parcels the City intends to
construct and operate a facility for use by passengers of train services, in
exchange for Campbell Court.
The Parties amended the Agreement by Amendment No. 1 dated June 16, 2020,
to extend the Approval Period to September 30, 2020, and the Closing Date to
December 31, 2020. The Parties amended the Agreement by Amendment No. 2
dated September 22, 2020 to extend the Approval Period to March 31, 2021,
and the Closing date to June 30, 2021. The Parties amended the Agreement by
Amendment No. 3 dated March 31, 2021 to extend the Approval Period to June
30, 2021, and the Closing date to September 30, 2021. The Parties desire to
extend the Closing Date to January 31, 2022.
AMENDMENT NO.4
TO
FIRST REINSTATED AGREEMENT FOR THE EXCHANGE OF REAL ESTATE
DATED SEPTEMBER 17, 2019
BETWEEN THE CITY OF ROANOKE, VIRGINIA
AND RUTHERFOORD PARTNERS, LLC
This Amendment No. 4 to the First Reinstated Agreement For The Exchange Of Real
Estate September 17, 2019, between the City of Roanoke Virginia, a Virginia municipal
corporation (the "City "), and Rutherfoord Partners, LLC, a Virginia limited liability company
( "Developer ") ( "Amendment No. 3 ") is dated September , 2021.
RECITALS
A. The City and Hist:Re Partners, LLC entered into the First Reinstated Agreement
For The Exchange Of Real Estate dated September 17, 2019 (the "Agreement "), and Hist:Re
Partners, LLC subsequently assigned its rights and obligations under the Agreement to
Developer with the consent of the City, and under which Agreement, (i) the City agrees to sell,
and Developer agrees to purchase Campbell Court, all as in accordance with the terms and
conditions of the Agreement; and (ii) Developer agrees to sell, and the City agrees to purchase
the Future Rail Station Parcels, all as in accordance with the terms and conditions of the
Agreement.
B. The Parties amended the Agreement by Amendment No. 1 dated June 16, 2020, to
extend the Approval Period to September 30, 2020, and the Closing Date to December 31, 2020.
C. The Parties amended the Agreement by Amendment No. 2 dated September 22,
2020 to extend the Approval Period to March 31, 2021, and the Closing date to June 30, 2021.
D. The Parties amended the Agreement by Amendment No. 3 dated March 31, 2021
to extend the Approval Period to June 30, 2021, and the Closing date to September 30, 2021.
E. The Parties desire to extend the Closing Date from September 30, 2021 to January
31, 2022.
F. The Parties desire to amend the Agreement to provide for the extension of the
Closing Date.
Based on the foregoing, for good and valuable consideration and the representations set
forth in the Recitals which are a material part of this Amendment No. 4 and are incorporated
herein, the Parties agree as follows:
1. Section 12.1 of the Agreement is amended by deleting the date "September 30,
2021," and inserting in its place "January 31, 2022."
2. Section 3.2 of the Agreement is amended by deleting it in its entirety and
inserting the following in its place:
3.2 In the event that (i) FTA approves the relocation of GRTC operations to
the GRTC Relocation Parcels and the transfer of Campbell Court to the City, on
terms and conditions acceptable to GRTC and the City; (ii) the City acquires the
GRTC Relocation Parcels on terms and conditions acceptable to the City and
GRTC; and (iii) neither the City and Developer have terminated this Agreement
following completion of their respective Inspections as set forth in Article IV of
this Agreement (items (i) - (ii) collectively the "Contingencies "), Developer shall
pay to the City the GRTC Relocation Expenses Payment, in immediately
available funds of the United States of America, on the date on which the event or
condition set forth in Section 3.2(i), (ii) or (iii) last occurs. In the event that
Developer fails to pay the GRTC Relocation Expenses Payment in full, in
accordance with this Section 3.2, the City can elect to terminate this Agreement
by giving notice to the Developer in writing. In such case, this Agreement shall
thereupon be terminated and of no further force and effect, unless the Parties
mutually agree to modify this Agreement to address any such issue(s).
Under- no ° mstanees shall a et4ion of th The GRTC Relocation Expenses
Payment maybe refunded or returned to Developer if (1) the cost of the
temporary facility is less than $500,000, and such refund would be in the amount
of the difference between the actual cost to GRTC and the City of the temporary
facilty and $500,000; or (2) unless the City, through no fault of Developer, fails or
refuses to transfer Campbell Court to Developer in accordance with this
Agreement or cannot transfer title of Campbell Court as required herein and
Developer terminates this Agreement as provided in Section 8.13.
3. Section 1.40 of the Agreement is amended by deleting "(ii) $2,000,000" and
inserting in its place "(ii) $2,075,000."
4. Section 9.2.1 of the Agreement is amended by deleting "(ii) $2,000,000" and
inserting in its place "(ii) $2,075,000."
Except as amended herein, the Agreement remains in full force and effect in accordance
with its terms. The Parties acknowledge and agree that the Agreement, as amended by
Amendment No. 1, Amendment No. 2, Amendment No. 3 and this Amendment No. 4,
constitutes the entire agreement between the Parties with respect to the purchase and sale of
Campbell Court and the Future Rail Station Parcels.
4. Capitalized terms not defined in this Amendment No. 4 shall have the meaning
ascribed to such terms as set forth in the Agreement.
Dated as of the day and date first above written.
SIGNATURES APPEAR ON FOLLOWING PAGES
IN WITNESS WHEREOF, the Parties have executed this Amendment No. 4 by their authorized
representatives as of the date of this Amendment No. 4.
WITNESS:
Print name and title
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE
CITY OF ROANOKE, VIRGINIA
ME
Robert S. Cowell, Jr.
City Manager
The foregoing Amendment No. 4 was acknowledged before me this day of ,
2021, 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
Approved as to form: Approved as to execution:
4
WITNESS:
Print name and title
STATE OF
CITY /COUNTY of
RUTHERFOORD PARTNERS, LLC
Lucas Thornton, Manager
The foregoing Amendment No. 4 was acknowledged before me this day of ,
2021, by Lucas Thornton, the duly authorized manager of Rutherfoord Partners LLC, a Virginia
limited liability company, on behalf of Rutherfoord Partners, LLC.
My Commission expires:
Notary Public
SEAL
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of September, 2021.
No. 42167- 092021.
AN ORDINANCE authorizing the City Manager to execute Amendment No. 4 to the First
Reinstated Agreement for the Exchange of Real Estate between the City of Roanoke, Virginia and
Greater Roanoke Transit Company dated September 17, 2019 ( "Agreement ") to provide for (i) the
sale and transfer of the GRTC Relocation Parcels, as described below, to Greater Roanoke Transit
Company ( "GRTC ") from the City of Roanoke, Virginia ( "City "), and (ii) the acquisition of
Campbell Court, as described below, by the City from GRTC; and dispensing with the second
reading of this ordinance by title.
WHEREAS, the Council of the City of Roanoke adopted Ordinance No. 41565- 091619,
adopted on September 16, 2019, in which Council approved the terms of the Agreement with the
City and GRTC;
WHEREAS, the City and GRTC executed the Agreement which was dated September 17,
2019;
WHEREAS, the City is the owner of four parcels within the City and more particularly
described as (i) 0 Salem Avenue, S.W., Roanoke, Virginia, Official Tax Map 41010113; (ii) 325
Salem Avenue, S.W., Roanoke, Virginia, Official Tax Map #1010115; (iii) 0 Salem Avenue, S.W.,
Roanoke, Virginia, Official Tax Map #1010121; and (iv) 0 Salem Avenue, S.W., Roanoke,
Virginia, Official Tax Map #1010122 (collectively, the "GRTC Relocation Parcels ");
WHEREAS, the Agreement provides for the transfer of the GRTC Relocation Parcels from
the City to GRTC in exchange for the transfer of Campbell Court, consisting of 13 parcels within
the City, together with improvements thereon, situated at 29 Campbell Avenue, S.W., Roanoke,
1
Virginia and 30 Salem Avenue, S.W., Roanoke, Virginia, and bearing Official Tax Map Nos.
1011105, 1011106 ,1011107,1011108,1011109, 1011110, 1011116,10111171011118,1011119,
1011120, 1011122, and 1011129 (collectively, "Campbell Court"), from GRTC to the City;
WHEREAS, the Parties amended the Agreement by Amendment No. 1 dated June 16,
2020, to extend the Approval Period to September 30, 2020; Amendment No. 2 dated September
22, 2020 to extend the City Approval Period and the GRTC Approval Period to March 31, 2021;
and Amendment No. 3 dated March 31, 2021 to extend the City Approval Period and the GRTC
Approval Period to June 30, 2021;
WHEREAS, all Parties have requested an extension of the Closing Date, as defined in the
Agreement; and
WHEREAS, the City and GRTC desire to amend the Agreement to address these matters
in accordance with the terms of Amendment No. 4.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. City Council hereby approves the terms of Amendment No. 4 to the Agreement as
set forth in the City Council Agenda Report dated September 20, 2021, which Amendment No. 4
amends the Agreement approved by City Council by Ordinance No. 41565- 091619, adopted on
September 16, 2019, and provides for certain undertakings and obligations by the City and GRTC.
2. The City Manager is hereby authorized on behalf of the City to execute Amendment
No. 4 to the Contract, to amend certain terms of the Agreement to extend the Closing Date to
January 31, 2022, as set forth in the aforementioned City Council Agenda Report. Amendment
No. 4 to the Agreement is to be substantially similar to the Amendment No. 4 attached to the
Agenda Report.
2
3. The City Manager is further authorized on behalf of the City to negotiate and
execute such further documents and take such further actions related to this matter and as may be
necessary to implement, administer, and enforce the conditions and obligations that must be met
by the City and GRTC pursuant to the Agreement and Amendment No. 4.
4. The form of the documents referred to above and in the Agenda Report are to be
approved by the City Attorney.
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:
*uAj
City Clerk.
N
CITY COUNCIL AGENDA REPOR
To: Honorable Mayor and Members of City Council
Meeting: September 20, 2021
Subject: Amendment No. 4 to First Reinstated Agreement for the
Exchange of Real Estate dated September 17, 2019 (Agreement)
between the City of Roanoke, Virginia (City) and Greater
Roanoke Transit Company (GRTC)
Background:
The City and GRTC entered into the First Reinstated Agreement for the
Exchange of Real Estate dated September 17, 2019 ( "Agreement "), whereby the
City agrees to sell and exchange, and GRTC agrees to purchase and acquire
four parcels of real estate upon which GRTC will relocate: (i) 0 Salem Avenue,
S.W., Roanoke, Virginia, Official Tax Map #1010113; (ii) 325 Salem Avenue,
S.W., Roanoke, Virginia, Official Tax Map #1010115; (iii) 0 Salem Avenue, S.W.,
Roanoke, Virginia, Official Tax Map #1010121; and (iv) 0 Salem Avenue, S.W.,
Roanoke, Virginia, Official Tax Map #1010122 (collectively, the "GRTC
Relocation Parcels ").
The Agreement provides for the transfer of the GRTC Relocation Parcels from
the City to GRTC in exchange for the transfer of Campbell Court, the transit
facility owned by GRTC, consisting of 13 parcels within the City, and which
parcels are more particularly described in the Agreement contingent upon
either (i) construction of a temporary central transit facility by GRTC on the
GRTC Relocation Parcels if the City and Rutherfoord Partners, LLC (Developer)
proceed with an agreement involving the redevelopment of Campbell Court by
Developer and the acquisition and development of a passenger rail facility by
the City ( "City and Developer Exchange Agreement "); or (ii) construction of a
permanent central transit facility if the City and Developer Exchange Agreement
terminates during the approval periods set forth in that agreement.
The Parties amended the Agreement by Amendment No. 1 dated June 16, 2020,
to extend the Approval Period to September 30, 2020. The Parties amended
the Agreement by Amendment No. 2 dated September 22, 2020 to extend the
City Approval Period and the GRTC Approval Period to March 31, 2021. The
Parties amended the Agreement by Amendment No. 3 dated March 31, 2021 to
extend the City Approval Period and the GRTC Approval Period to June 30,
2021. All Parties have requested an extension of the Closing Date, as defined in
the Agreement, to January 31, 2022.
Recommended Action:
Adopt the attached ordinance authorizing the City Manager to execute an
Amendment No. 4 to the Agreement between the City of Roanoke and the
Greater Roanoke Transit Company, substantially similar to the Amendment No.
4 attached to this Report, with an extended Closing Date to January 31, 2022,
and make such other amendments to the Agreement that are set forth in the
proposed Amendment No. 4. All documents are subject to approval as to form
by the City Attorney.
----------------- ----- r ------------------------
Robert S. Cowell, Jr.
City Manager
Distribution: Council Appointed Officers
Clarence Grier, Deputy City Manager for Operations
W. Brent Robertson, Assistant City Manager for Community Development
Amelia C. Merchant, Director of Finance
Marc Nelson, Director of Economic Development
Laura M. Carini, Senior Assistant City Attorney
2
AMENDMENT NO.4
TO
FIRST REINSTATED AGREEMENT FOR THE EXCHANGE OF REAL ESTATE
DATED SEPTEMBER 17, 2019
BETWEEN THE CITY OF ROANOKE, VIRGINIA
AND GREATER ROANOKE TRANSIT COMPANY
This Amendment No. 4 to the First Reinstated Agreement For The Exchange Of Real
Estate dated September 17, 2019, between the City of Roanoke Virginia, a Virginia municipal
corporation (the "City "), and Greater Roanoke Transit Company, a Virginia corporation
( "GRTC ") ( "Amendment No. 4 ") is dated September , 2021.
RECITALS
A. The City and GRTC entered into the First Reinstated Agreement For The
Exchange Of Real Estate dated September 17, 2019 (the "Agreement ") under which Agreement,
(i) GRTC agrees to sell, and the City agrees to purchase Campbell Court, all as in accordance
with the terms and conditions of the Agreement; and (ii) the City agrees to sell, and GRTC
agrees to purchase the GRTC Relocation Parcels, all as in accordance with the terms and
conditions of the Agreement.
B. The Parties amended the Agreement by Amendment No. 1 dated June 16, 2020, to
extend the Approval Period to September 30, 2020.
C. The Parties amended the Agreement by Amendment No. 2 dated September 22,
2020 to extend the City Approval Period and the GRTC Approval Period to March 31, 2021.
D. The Parties amended the Agreement by Amendment No. 3 dated March 31, 2021
to extend the City Approval Period and the GRTC Approval Period to June 30, 2021.
E. The Parties desire to extend the Closing Date from September 30, 2021 to January
31, 2022.
F. The Parties desire to amend the Agreement to provide for the extension of the
Closing Date.
Based on the foregoing, for good and valuable consideration and the representations set
forth in the Recitals which are a material part of this Amendment No. 4 and are incorporated
herein, the Parties agree as follows:
1. Section 12.1 of the Agreement is amended by deleting the date "September 30,
2021," and inserting in its place "January 31, 2022."
2. Except as amended herein, the Agreement remains in full force and effect in
accordance with its terms. The Parties acknowledge and agree that the Agreement, as amended
by this Amendment No. 4, constitutes the entire agreement between the Parties with respect to
the purchase and sale of Campbell Court and the GRTC Relocation Parcels.
3. Capitalized terms not defined in this Amendment No. 4 shall have the meaning
ascribed to such terms as set forth in the Agreement.
Dated as of the day and date first above written.
SIGNATURES APPEAR ON FOLLOWING PAGES
IN WITNESS WHEREOF, the Parties have executed this Amendment No. 4 by their authorized
representatives as of the date of this Amendment No. 4.
WITNESS:
Print name and title
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE
CITY OF ROANOKE, VIRGINIA
By:
Robert S. Cowell, Jr.
City Manager
The foregoing Amendment No. 4 was acknowledged before me this day of ,
2021, 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:
Approved as to form:
Notary Public
3
Approved as to execution:
SEAL
WITNESS:
Print name and title
WITNESS:
Print name and title
STATE OF
CITY /COUNTY of
GREATER ROANOKE TRANSIT COMPANY
Joseph Cobb, President
Kevin Price, General Manager
The foregoing Amendment No. 4 was acknowledged before me this day of ,
2021, by Joseph Cobb, the duly authorized President of Greater Roanoke Transit Company, a
Virginia corporation, on behalf of Greater Roanoke Transit Company.
My Commission expires:
Notary Public
STATE OF
CITY /COUNTY of
SEAL
The foregoing Amendment No. 4 was acknowledged before me this day of ,
2021, by Kevin Price, the duly authorized General Manager of Greater Roanoke Transit Company,
a Virginia corporation, on behalf of Greater Roanoke Transit Company.
My Commission expires:
Approved as to form:
Notary Public
4
Approved as to execution:
SEAL
CECELIA F. NICCOI', CHIC
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
Far: (540) 853 -1145
E-mail: clerkCa roanokeva.gov
September 22, 2021
Katherine Gutshall
2801 Longview Avenue, S. W.
Roanoke, Virginia 24014
Dear Ms. Gutshall:
CECELIA T. WEBB, CDIC
Deputy Cite Clerk
Your term of office as a member of the Architectural Review Board will expire on
October 1, 2021.
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 Architectural Review Board
from December 2, 2013 to October 1, 2021. Please find enclosed a Certificate of
Appreciation and an aerial view photograph of the Roanoke Valley in recognition of your
service.
Sincerely,
e4"e � V��dj
Cecelia F. McCoy, CMC
City Clerk
Enclosure
CERTIFICATE OF APPRECIATION
PRESENTED TO
Katherine Gutshall
AS A MEMBER OF THE
ARCHITECTURAL REVIEW BOARD
FROM DECEMBER 2, 201 a
TO OCTOBER 1, 2021
ON THIS 2? 2ND_DAY OF SEPTEMBER , 2021
IN RECOGNITION OF PUBLIC SERVICE FAITH FULLY
RENDERED TO THE CITY OF
A ITST:
APPROVED:
CECELIA F. MCCOY
SIIERMAN P. LEA- SR_ CITY CLERK
MAYOR
CECELIA F. NICCOY, CHIC
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
September 22, 2021
Linwood "Woody" Deans
4323 Belle Aire Circle, S. W.
Roanoke, Virginia 24018
Dear Mr. Deans:
CECELI A T. NVEBB, CHIC
Deputy Cite Clerk
Your term of office as a member of the Roanoke Civic Center Commission will expire on
September 30, 2021.
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 Roanoke Civic Center
Commission from November 2, 2009 to September 30, 2021. Please find enclosed a
Certificate of Appreciation and an aerial view photograph of the Roanoke Valley in
recognition of your service.
Sincerely,
J--
Cecelia F. McCoy, CMC
City Clerk
Enclosure
CERTIFICATE OF APPRECIATION
PRESENTED TO
Linwood "Woody" Deans
AS A MEMBER OF THE
ROANOKE CIVIC CENTER COMISSION
FROM NOVEMBER 2, 2009
TO SEPTEMBER 30, 2021
ON THIS 22ND DAY OF SEPTEMBER , 2021
IN RECOGNITION OF PUBLIC SERVICE FAITHFULLY
RENDERED TO THE CITY OF ROANOKE
APPROVED:
SI- IERMAN P. LEA, SR.
MAYOR
ATTEST:
CECELIA F. MCCOY
CITY CLERK
CECELIA F. MCCON', CHIC
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: clerks roanokeva.roc
September 22, 2021
Michael Dame
1920 Deyerle Road, S. W.
Roanoke, Virginia 24018
Dear Mr. Dame:
CECELIA T. NVEBB, CMC
Deputy Cite Clerk
Your term of office as a member of the Roanoke Civic Center Commission will expire on
September 30, 2021.
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 Roanoke Civic Center
Commission from August 6, 2018 to September 30, 2021. Please find enclosed a
Certificate of Appreciation and an aerial view photograph of the Roanoke Valley in
recognition of your service.
Sincerely,
Cecelia F. McCoy, CMC
City Clerk
Enclosure
CERTIFICATE OF APPRECIATION
PRESENTED TO
Michael Dame
AS A MEMBER OF THE
ROANOKE CIVIC CENTER COMISSION
FROM AUGUST 6, 2018
TO SEPTEMBER 30, 2021
ON THIS 22ND DAY OF SEPTEMBER 2021
IN RECOGNITION OF PUBLIC SERVICE FAITHFULLY
RENDERED TO THE CITY OF ROANOKE
APPROVED:
SHER2MAN P. LEA. SR.
MAYOR
ATTEST:
CECELIA F. MCCOY
CITY CLERK
CECELIA F. MCCON', CMC
CUN 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: derkC roanoke%a.gov
September 22, 2021
Stephen Willis
5044 Bruceton Road, S. W.
Roanoke, Virginia 24018
Dear Mr. Willis:
CECELIA T. wEBB, CHIC
Depute City Clerk
Your term of office as a member of the Roanoke Civic Center Commission will expire on
September 30, 2021.
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 Roanoke Civic Center
Commission from August 1, 2011 to September 30, 2021. Please find enclosed a
Certificate of Appreciation and an aerial view photograph of the Roanoke Valley in
recognition of your service.
Sincerely,
Cecelia F. McCoy, CMC
City Clerk
Enclosure
CERTIFICATE OF APPRECIATION
PRESENTED TO
Stephen Willis
AS A MEMBER OF THE
ROANOKE CIVIC CENTER COMISSION
FROM AUGUST 1, 2011
TO SEPTEMBER 30, 2021
ON THIS 22ND DAY OF SEPTEMBER 2021
IN RECOGNITION OF PUBLIC SERVICE FAITHFULLY
RENDERED TO THE CITY OF ROANOKE
APPROVED:
S14 RMAN P. LEA. SR.
MAYOR
Arres,r:
CECELIA F. MC COY
CITY CLERK