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HomeMy WebLinkAboutCouncil Actions 10-21-24 WHITE-BOYD 43073-102124 City of Roanoke, Virginia CITY COUNCIL October 21, 2024 ROANOKE 2:00PM City Council Chamber 215 Church Avenue, S.W. AGENDA The City of Roanoke is a safe, caring and economically vibrant community in which to live, learn, work, play and prosper. A vibrant urban center with strong neighborhoods set amongst the spectacular beauty of Virginia's Blue Ridge. NOTICE: City Council meetings will be televised live and replayed on RVTV Channel 3 on Thursdays at 7:00 p.m., and Saturdays from 10:00 a.m. to 5:00 p.m.; and video streamed through Facebook Live at facebook.com/RoanokeVa. City Council meetings are offered with closed captioning for the deaf or hard of hearing. 1. CALL TO ORDER - ROLL CALL. Council Member Fitzpatrick was absent. The Invocation was delivered by The Reverend Terry Kemp, Children's Pastor and Ministries Director, Fort Chiswell Church of God. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Sherman P. Lea, Sr. Welcome. ANNOUNCEMENTS: 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: Proclamation declaring October 2024, as Domestic Violence Awareness Month. Mayor Lea read and presented the proclamation to Jessica Pruitt, TAP, and Lena Loshonkohl, Artist. Proclamation declaring October 20 - 26, 2024, as National Lead Poisoning Prevention Week. Mayor Lea read and presented the proclamation to Katie Kennedy, Program Manager, Lead Safe Roanoke and staff. 3. HEARING OF CITIZENS UPON PUBLIC MATTERS: City Council sets this time as a priority for citizens to be heard. All matters will be referred to the City Manager for response, recommendation or report to Council, as he may deem appropriate. Freeda Cathcart, 2516 Sweetbrier Avenue, S. W., appeared before the Council and provided an update on the flood resiliency plan and climate action strategies. Barbara Duerk, 2607 Rosalind Avenue, S. W., appeared before the Council and expressed excitement about new bike lanes on Elm Avenue. Nathan Harper, 1901 Warrington Road, S. W., appeared before the Council and spoke with regard to safety concerns in downtown and Century Plaza. 4. CONSENT AGENDA: APPROVED (6-0) All matters listed under the Consent Agenda are considered to be routine by the Members of City Council and will be enacted by one motion. There will be no separate discussion of the items. If discussion is desired, the item will be removed from the Consent Agenda and considered separately. C-1. Minutes of the regular meeting of City Council held on Monday, October 7, 2024; recessed until Wednesday, October 9, 2024. RECOMMENDED ACTION: Dispensed with the reading of the minutes and approved as recorded. C-2. A communication from the City Attorney requesting a Closed Meeting to consult with legal counsel regarding specific legal matters, where such consultation or briefing in an open meeting would adversely affect the discussion or consideration of the investment of public funds where competition or bargaining is involved, where, if made public initially, the financial interest of the City would be adversely affected, pursuant to Section 2.2-3711 (6) and (8), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. C-3. Request for a Public Hearing on November 4, 2024, at 2:00 p.m., or as soon thereafter as the matter may be heard, to request the General Assembly amend the Roanoke Charter of 1952. RECOMMENDED ACTION: Concurred in the request. C-4. A communication from the City Clerk advising of the resignation of Betty Whittaker as a member of the Roanoke Neighborhood Advocates, effective immediately. RECOMMENDED ACTION: Accepted the resignation and received and filed the communication. C-5. FY2025 City Manager Transfer Report for the first quarter ended September 30, 2024. RECOMMENDED ACTION: Received and filed the attached City Manager Transfer report for the first quarter ended, September 30, 2024. C-6. Reports of qualification of the following individuals: Dr. Lydia Pettis Patton as a member of the Western Virginia Water Authority, Board of Directors to fill the unexpired term of office of Robert Cowell, Jr., ending June 30, 2027; Angelia Vernon as a member of the Defined Contribution Board to fill the unexpired term of office of Paul Workman ending June 30, 2025; and Drew Kepley as a member of the Architectural Review Board for a four-year term of office, commencing October 2, 2024, and ending October 1, 2028. RECOMMENDED ACTION: Received and filed. REGULAR AGENDA: 5. PUBLIC HEARINGS: NONE. 6. PETITIONS AND COMMUNICATIONS: NONE. 7. REPORTS OF CITY OFFICERS: 1. INTERIM CITY MANAGER: BRIEFINGS: FY25 Budget- September Monthly Financial/Budget Report - 15 minutes. City Performance Dashboard - 15 minutes. ITEMS RECOMMENDED FOR ACTION: A. Approval of a Letter Agreement for Student Parking Spaces with Roanoke Higher Education Center & PARK Roanoke-Higher Education Lot. Adopted Resolution No. 43073-102124. (6-0) B. Adoption of the City of Roanoke's Title VI Implementation Plan. Adopted Resolution No. 43074-102124. (6-0) C. Execution of the City-Wide Bridge Maintenance Drift Removal Contract Modification. Adopted Resolution No. 43075-102124. (6-0) D. Virginia Department of Housing and Community Development—Virginia Homeless Solutions Program (VHSP) Grant Award. Adopted Resolution No. 43076-102124 and Budget Ordinance No. 43077-102124. (6-0) E. Accept and appropriate allocations of funding from the U.S. Department of Housing and Urban Development. Adopted Resolution No. 43078-102124 and Budget Ordinance No. 43079-102124. (6-0) COMMENTS OF THE INTERIM CITY MANAGER. The Deputy City Manager offered the following comments: 339 Salem Avenue, S.W. (Future Development Opportunity) Economic Development staff have posted to their website a development opportunity at 339 Salem Avenue, S.W. The site formerly housed the City's Homeless Assistance Team before its move further downtown last year. The City previously entered a contract with a developer for the development of eighty affordable housing apartment units. This posting is the result of inquiries from the development community to purchase or lease the property. Redevelopment of this site complements the extensive development that has occurred in the west end of downtown. The deadline to submit proposals is November 15, 2024. Home Safe Program The Home Safe program has formalized a grant agreement with Belmont Lofts to develop fourteen units that meet HUD Fair Market Rent standards. These units will be available to individuals enrolled in Permanent Supportive Housing through Commonwealth Catholic Charities and Blue Ridge Behavioral Health Care. In addition, Home Safe has effectively combined the City's ARPA funds with HOME-ARP funds to address the urgent need for affordable housing for those experiencing homelessness. Last year, fifty individuals with housing vouchers were unable to utilize them due to a critical shortage of available HUD Fair Market Rent units. Recently, the City toured the nearly completed units with supportive services staff, and prospective tenants will have the opportunity to tour in the coming weeks, with move-ins expected to start as early as November 1st. Belmont Lofts, located at 825 Stewart Avenue, S. E., will consist of a total of thirty-two units, including fourteen designated for Home Safe participants and fourteen for households earning 60 percent or less of the area median income. River's Edge North Deferred Maintenance Project Construction began on a new multi-use path, located around River's Edge North sports fields, connecting the pedestrian bridge to the Magnolia Allee. This path will allow for a continuous interior walking loop around the warm-season turf fields. Also included in the project is the restriping of the parking lot and the crosswalks on Reserve Avenue. Washington Park Pool Update National Pools has successfully completed pouring the bottom of the Washington Park Pool. Over the next few days, they will begin gunite operations on the sides of the pool. This process involves applying a dry-mix concrete mixture through a hose using compressed air and water, ensuring a strong and durable structure for our community. Staff will continue to monitor progress and provide further updates as the project advances. 2. CITY ATTORNEY: A. Approve Contract to Purchase Unit B, 1830 Blue Hills Circle, N. E., Official Tax Map No. 7280106 from Virginia Utility Protection Service, Inc. Adopted Ordinance No. 43080-102124. (6-0) 8. REPORTS OF COMMITTEES: 1. A report of the Roanoke City School Board requesting appropriation of funds for various educational programs; and a report of the Interim City Manager recommending that Council concur in the request. Donna Caldwell, Director of Accounting, Spokesperson. Adopted Budget Ordinance No. 43081-102124. (6-0) 2. Comments on certain Authorities, Boards, Committees and Commissions in which City Council serve as liaisons or appointees. None. 9. UNFINISHED BUSINESS: NONE. 10. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: 1. A resolution appointing a Director of the Economic Development Authority for the City of Roanoke. Adopted Resolution No. 43082-102124. (6-0) 2. Adopted Resolution No. 43083-102124, ratifying and confirming the retroactive declaration of local emergency by the Interim City Manager as the Director of Emergency Management, conferring emergency powers in the Interim City Manager; authorizing the Interim City Manager to make application for Federal and State public assistance to deal with such emergency; designating a fiscal agent and an agent for submission of financial information for the City; and calling upon the Federal and State governments for assistance. (5-0, Council Member Moon Reynolds was not present when the vote was recorded) 11. MOTIONS AND MISCELLANEOUS BUSINESS: 1. Inquiries and/or comments by the Mayor and Members of City Council. Council Member Volosin thanked staff of the Department of Parks and Recreation and all who assisted with the GO Fest event held on October 18 - 20, 2024, in downtown; advised that the City of Roanoke won an Innovation Award for Public Safety for the Lock in Safety - Unlock Hope Program, at the Virginia Municipal League conference held in Virginia Beach. Mayor Lea announced on Friday, October 4, he and Council Member White-Boyd attended an event commemorating Henrietta Lacks where a statue of Lacks known as "Mother of Modern Medicine" was unveiled in Constitution Square, South Boston, Virginia. Vice-Mayor Cobb highlighted an exhibit at the Taubman Museum of Art titled Eternally New: The Art of Nouveau Word of Alphonse Mucha on October 19, 2024, with works on loan from the Virginia Museum of Fine Arts along with the U.S. debut of an immersive art experience from the Grand Palais Immersif in Paris; and mentioned the Faith and Blue event held at Williams Memorial Baptist Church on October 20, 2024, to fight gun violence where law enforcement officials, congregations and the community joined together in prayer and song. 2. Vacancies on certain authorities, boards, commissions and committees appointed by Council. None. 12. RECESSED - 3:50 P.M. THE COUNCIL MEETING WILL STAND IN RECESS; AND THEREAFTER RECONVENE AT 7:00 PM, IN THE COUNCIL CHAMBER, ROOM 450, NOEL C. TAYLOR MUNICIPAL BUILDING. City of Roanoke, Virginia 1,4 , CITY COUNCIL .44111111 7:00PM ROA N O K E City Council Chamber 215 Church Avenue, S.W. 13. CALL TO ORDER - ROLL CALL. Council Members Fitzpatrick and Moon Reynolds were absent. The Invocation was delivered by The Reverend Amy Hodge, Pastor, Mt. Zion AME Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Sherman P. Lea, Sr. Welcome. CERTIFICATION OF CLOSED MEETING. (5-0) 14. PRESENTATIONS AND ACKNOWLEDGEMENTS: NONE. 15. PUBLIC HEARINGS: 1. Request of Mario Williams to vacate an approximately 50 foot wide portion of Carl Road, S. W., that extends southwest from the intersection with Beechwood Avenue, S. W., adjacent to Official Tax Map No. 1290304. Mario Williams, Applicant, Spokesperson. Adopted Ordinance No. 43084-102124. (5-0) 2. Request of Ram Kartar, LLC, to rezone a property located at 716 Marshall Avenue, S. W., Official Tax Map No. 1120201, from RM-1, Residential District, to MXPUD, Mixed Use Planned Unit Development District. Matt Prescott, Applicant, Spokesperson. Adopted Ordinance No. 43085-102124. (5-0) 3. Request for Sale of a City-Owned Vacant Lot located at 801 Franklin Road, S. W. (Official Tax Map Number 1020716). Matter was tabled until the November 18, 2024, Council Meeting. (4-1, Vice- Mayor Cobb voted no) 16. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. 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. Helen Ferguson, Special Projects and Grants Manager, provided a report to the Council on items needing further review from the October 7, 2024, City Council Meeting. She advised that Angie O'Brien, Deputy City Manager, was coordinating with Delegate Terry Austin to guide the planning efforts to co-host Freedom Fest in July 2025; with regard to ARPA funding, the Treasury decided to allot unrestricted use of interest earned which will remain designated for Federal grant matches; Family Services of Roanoke Valley operates mental health services at three establishments of Roanoke redevelopment and Housing Authority, Jamestown Place, the EnVision Center and Morningside Manor; and Carol Corbin, Communications Manager was working with RVTV and the departments of General Services, Transportation, Stormwater and Solid Waste to create a series of short public education videos to explain the difference between road shoulders, bike lanes and mobility tracks. Mayor Lea asked about the status of the BoxFit program; whereupon, Ms. O'Brien gave an update and advised that the matter was in discussion with regard to redistributing funding for perhaps a city-wide boxing program or formation of a new program. ADJOURNED - 7:38 P.M. CI TY OF ROANOKE '""'"'" CITY COUNCIL ,,' i, ,"- 215 Church Avenue,S.W.,Suite 456 Roanoke,Virginia 24011-1536 • +-.tL Telephone:(540)853-2541 Fax:(540)853-1145 SHERMAN P.LEA,SR. E-mail: clerk@roanokeva.gov Council Members Mayor Joseph L.Cobb Beverly T.Fitzpatrick,Jr. Stephanie Moon Reynolds Vivian Sanchez-Jones Peter J.Volosin Patricia White-Boyd October 21, 2024 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Lea and Members of Council: This is to advise you that I will not be present at the 2:00 p.m. and 7:00 p.m. sessions of Roanoke City Council on Monday, October 21, 2024. Best wishes for a successful meeting. Sincere a Beverly T. Fitzpatrick, Jr. Council Member BTF/ctw ROANOKE Office of the City Attorney To: Honorable Mayor and Members of the City Council Subject: A communication from the City Attorney requesting a Closed Meeting to consult with legal counsel regarding specific legal matters, where such consultation or briefing in an open meeting would adversely affect the discussion or consideration of the investment of public funds where competition or bargaining is involved, where, if made public initially, the financial interest of the City would be adversely affected, pursuant to Section 2.2-3711 (6) and (8), Code of Virginia (1950), as amended. The City Attorney requests a Closed Meeting to consult with legal counsel regarding specific legal matters, where such consultation or briefing in an open meeting would adversely affect the discussion or consideration of the investment of public funds where competition or bargaining is involved, where, if made public initially, the financial interest of the City would be adversely affected, pursuant to Section 2.2-3711 (6) and (8), Code of Virginia (1950), as amended. frj / .. Timothy Spencer, City Attorney Office of the City Attorney ROA N O K E October 21, 2024 Title: Request for a Public Hearing on November 4, 2024, at 2:00 p.m., or as soon thereafter as the matter may be heard, to request the General Assembly amend the Roanoke Charter of 1952. Background: The Office of the City Attorney has attached resolution requesting the General Assembly to amend the City Charter regarding Section 4, Composition of Council: terms of members: designation of vice-mayor: vacancies; Section 10, Meetings of council generally; and Section 16, Time of holding municipal elections. A public hearing is required pursuant to Section 15.2- 202, Code of Virginia, to get citizen input on this amendment. The proposed changes reflect the amendments to be made in election dates and meetings of council generally to the City Charter. This request is being submitted for reconsideration by the 2025 session of the General Assembly. On behalf of the Legislative Committee Chair, I am requesting that Council schedule a public hearing for November 4, 2024, at 2:00 p.m., or as soon thereafter as the matter may heard to hear comments of citizens regarding this proposed amendment. Considerations: Recommended Action: Concur in the request. David Collins, Sr. Asst. City Attorney IN THE COLNCIL OF THE CITY OF ROANOKE. VIRGINIA A RESOLUTION petitioning the General Assembly to amend the Roanoke Charter of 1952 to reflect a change in election dates and meetings of council generally. WHEREAS. the Roanoke Charter currently provides for municipal elections of the mayor and members to be held the first Tuesday. commencing in 1972 and ever' second year thereafter. for terms of four years. from the first day of July next following the date of their election; WHEREAS. pursuant to Virginia Code Section 24.2-222.1(A) City Council adopted Ordinance No. 41625-111819, on November 18. 2019. to move the council election date from May to the November general election date of even-numbered years. commencing with the November 2020 general election date; WHEREAS. as Virginia Code Section 24.2-222.1(A) allows a city to move the council election date from May to the November general election notwithstanding any contrary provisions of a city charter, the tenants of good government dictate that the City amend its Charter in accordance with Virginia Code Section 15.2-202 in order to reflect the change in the council election date adopted by City Council: WHEREAS. the required public hearing was conducted on November 4. 2024; and WHEREAS. after considering the matter and the comments made during the public hearing. Council desires to request the General Assembly to amend its existing Roanoke Charter of 1952. NOW. THEREFORE. BE IT RESOLVED by the Council of the City of Roanoke as follows: F 1. The City Attorney is directed to petition the General Assembly to amend the Roanoke Charter of 1952 as follows to reflect such chances: X * X §4. Composition of council; terms of members; designation of vice- mayor; vacancies. The council as presently composed shall continue and shall consist of seven members. one of which shall be the mayor. all of whom shall be elected at large and shall serve for the respective terms as hereinafter provided. The members of council shall serve for terms of four years. from the first day of JulyJanuary next following the date of their election and until their successors shall have been elected and qualified. The mayor shall serve for a term of four years from the first day of JulyJanuary next following the date of election and until a successor shall have been elected and qualified: provided, however, that on the first Tuesday following the first Monday in May November. seventy two two thousand twenty. and on such day each four years thereafter, three council members and a mayor shall be elected for a term of four years, and on the first Tuesday following the first Monday in MayNovember, nineteen hunclfed seventy four two thousand twenty -. and each four years thereafter. three council members shall be elected for a term of four years. The member of council receiving the largest number of votes in each regular councilmanic election shall be the vice-mayor of the city. for a term of two years. to commence on the first day of July January next following the date of such election and until the vice-mayor's successor shall have been elected and qualified. The council shall be a continuing body. and no measure pending before such body shall abate or be discontinued by reason of the expiration of the term of office or removal of the members of council. or any of them. No person may be a candidate for the office of mayor and for the office of council member in the same election. Vacancies in the council or vacancy in the office of mayor shall be filled within days. and until the day upon which the terms of office of council members elected in the next following regular councilmanic election shall commence, by a majority vote of the remaining members of council, and if as much as two years of any such unexpired term of a member of council or of the mayor remains at the time of such next regular councilmanic election. a council member or a mayor. as the case may be. shall be elected at such election for the remaining portion of such unexpired term. * * * §10. Meetings of council generally. At two o'clock post meridian on the first Monday of next following each regular municipal election. or if such day be a city holiday. then on the day following, the council shall meet at the usual place for holding meetings of the legislative body of the city. at which time the newly elected council members shall assume the duties of their offices. Thereafter the council shall meet at such times as may be prescribed by ordinance or resolution. provided. that it shall hold at least two regular meetings each calendar month. and it shall so order and schedule meetings as to promptly and orderly attend to the business and legislative affairs of the city. The mayor. any member of the council. or the city manager. may call special meetings of the council at any time upon at least twelve hours written notice to the mayor and each member. served personally or left at his usual place of business or residence: or such meeting may be held at any time without notice. on call of the mayor or the city manager provided at least five members of the council attend such meeting. All meetings of the council shall be public. and any citizen may have access to the minutes and records thereof at all reasonable times. except where the public interest may require closed meetings. §16. Time of holding municipal elections. A municipal election shall be held on the first Tuesday following the first Monday in Ma November in two thousand twenty, and every second year thereafter which shall be known as the regular election for the election of council members. * * * ?. The City Clerk is directed to provide a publisher's affidavit showing the public hearing was advertised and a certified copy of the governing body's minutes showing the action taken at the advertised public hearing to the members of the C'ity's delegation to the General Assembly, with the request that they introduce a bill in the 2025 Session of the General Assembly to amend the Roanoke Charter of 1952. ATTEST: City Clerk. Ade CITY OF ROANOKE OFFICE OF THE CITY CLERK ` v 215 Church Avenue,S.W.,Suite 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 CECELIA T.WEBB,CMC E-mail: clerk@roanokeva.gov Deputy City Clerk CECELIA F.MCCOY,CMC City Clerk RUTH VISUETE-PEREZ Assistant Deputy City Clerk October 21, 2024 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Lea and Members of Council: This is to advise that Betty Whittaker has tendered her resignation as a member of the Roanoke Neighborhood Advocates, effective immediately. Sincerely, Cecelia F. McCoy, CMC City Clerk Molly, I will be tendering my resignation to this group. Who should it be sent to since it was appointed by City Council. On Tuesday, October 1, 2024 at 10:33:26 AM EDT, Molly Hunter<molly.hunter(&roanokeva.gov>wrote: Hello! I've prepped the agenda, and I'm about to send it out. Hope all is well! From: Molly Hunter Sent:Wednesday, September 18, 2024 2:36 PM To: monk30lwbjw@cox.net<monk30lwbjw@cox.net> Subject: updates, re: RNA secretary duties The City Clerk's office met with me and a couple of other City board staff liaisons last week and went over our duties as staff liaisons. Going forward, I am expected to post the notice, agenda, and meeting packet for each RNA meeting to the City website at least 3 working days prior to each meeting(so, to be safe, by 8 a.m. the Friday before each meeting). I was also told that I am responsible for meeting minutes. I pointed out the conflicts with the secretarial duties assigned in RNA's bylaws and was told that, regardless of the bylaws, the City Clerk's Office expects staff liaisons, not board members, to provide and post meeting notices, minutes, agendas, packets, etc. The clerk's office plans to implement a new software within the next year that will create one place for residents to find agendas, meeting packets, minutes, and lists of members for about every City board. Right now, all of that information is scattered in different places on the website, or it's not present at all, depending on the board.Access to the new system will be limited to City employees only. Admin access to the City website is already limited to City employees, so it makes practical sense for me to be the one to create, print, and post the meeting notices, agendas, and packets. But, if you could keep preparing the meeting minutes, that would be a huge help to me. The draft minutes are part of the meeting packet,though, so you need to email them to me one week before each RNA meeting.Then I can put them in the meeting packet, post that online, and print copies for the upcoming RNA meeting. If, God forbid, anything ever happens to me, an RNA officer(chair,vice chair, or secretary)will be responsible for creating and printing the minutes and agenda and emailing them to city.clerk@roanokeva.gov AND communityengagement@roanokeva.gov by the 1st of each month. Molly Hunter Neighborhood Services Coordinator City of Roanoke office: 540-853-6006 cell: 540-312-4418 2 City Manager's Report Submitted by: Margaret Lindsey Department of Finance ROANOKE October 21, 2024 Title: FY2025 City Manager Transfer Report for the first quarter ended September 30, 2024. Background: Under City Code Section 2-121, the Director of Finance shall report quarterly to City Council any City Manager Transfers in excess of one hundred thousand dollars ($100,000) between funds, as well as, between project accounts in the capital project funds and grant fund. Recommended Action: Receive and file the attached City Manager Transfer report for the first quarter ended, September 30, 2024. c;• ,* Lydia Patton, Interim City Manager « / � d _cw // \ 0 2 / \ = f / % c ® t 2 m I o § i_ � o o a) & k f ) Ts o c) 0 ƒ E / 0 § 0 « c = 7m a 4= £ to 7 / c ftl- 5 § / \ o> d 0 = 2 ° 2R 0 co o c et Es ± fEs t \ m o / 0 0 V) N c 0 § E k t $ 6. P ƒ g -Co% R \ 2 \ 2ke 7k Mt ,_ c o > -0 & - 2 Q o ° = k % ," x / � � / 5 k : ra a)2 c f / / o o o \ 5 kk § 07 E co cl 22 G \ 3f % 9 2 2 • § \ / $ / U f E c > o _ 0) \ $ $ 2 _� 0 co C ± 0 0 0 (N CV § 7 / f $ cl) 2| q _ k ? f / re a) % b06 ƒ § \ $ - & / ) co - c 2 x § E C -o / m £ E c Ti c U \ & / / k ƒ / 2 ? 0f § c2 £ E 2 , _ — 6 g = o / c Cl. j % § / / o 2 % = ƒ f \ f ` te f| 3 • e dr: CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Suite 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 CECELIA F.MCCOY,CMC E-mail: clerk@roanokeva.gov CECELIA T.WEBB,CMC City Clerk Deputy City Clerk RUTH VISUETE PEREZ Assistant Deputy City Clerk October 22, 2024 Gayle Shrewsbury Board Secretary Roanoke, Virginia Dear Ms. Shrewsbury: This is to advise you that Dr. Lydia Patton has qualified as a member of the Western Virginia Water Authority, Board of Directors to fill the unexpired term of office of Robert Cowell, Jr., ending June 30, 2027. Sincerely, et-c-t-ex; et0-1-e- Cecelia F. McCoy, CMC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Dr. Lydia Pettis Patton, 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 Western Virginia Water Authority, Board of Directors to fill the unexpired term of office of Robert Cowell, Jr., ending June 30, 2027, according to the best of my ability. (So help me God.) Y A PET S PATTON The foregoing oath of office was taken, sworn to, and subscribed before me by Dr. Lydia Pettis Patton this /Thay of s(r) e,17 2024. Brenda S. Hamilton, Clerk o the Circuit Court C)).- Clerk 44 t. . 4 CITY OF ROANOKE - ►" OFFICE OF THE CITY CLERK ( ; • 215 Church Avenue,S.W.,Suite 456 1F Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 CECELIA F.MCCOY,CMC E-mail: clerk@roanokeva.gov CECELIA T.WEBB,CMC City Clerk Deputy City Clerk RUTH VISUETE PEREZ Assistant Deputy City Clerk October 22, 2024 Harold Harless Board Secretary Roanoke, Virginia Dear Mr. Harless: This is to advise you that Angelia Vernon has qualified as a member of the Defined Contribution Board to fill the unexpired term of office of Paul Workman ending June 30, 2025. Sincerely, 6t,e.e14;rd el924-e41 Cecelia F. McCoy, CMC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Angelia Vernon, 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 Defined Contribution Board to fill the unexpired term of office of Paul Workman ending June 30, 2025, according to the best of my ability. (So help me God.) ,J#ifzyz, CNGELIA VERNON The foregoing oath of office was taken, sworn to, and subscribed before me by Angelia Vernon this 11 day of l bed-- 2024. Brenda S. Hamilton, Clerk of the Circuit Court Cl).1341 4r7d,;:i C rk mimmimmommommommommom r / CITY OF ROANOKE s � s# OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Suite 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 CECELIA F.MCCOY,CMC E-mail: clerk@roanokeva.gov CECELIA T.WEBB,CMC City Clerk Deputy City Clerk RUTH VISUETE PEREZ Assistant Deputy City Clerk October 22, 2024 Emily Clark Board Secretary Roanoke, Virginia Dear Ms. Clark: This is to advise you that Drew Kepley has qualified as a member of the Architectural Review Board for a four-year term of office, commencing October 2, 2024, and ending October 1, 2028. Sincerely, 6e-telek C074-d4",/- Cecelia F. McCoy, CMC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Drew Kepley, 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 Architectural Review Board for a four-year term of office, commencing October 2, 2024 and ending October 1, 2028; according to the best of my ability. (So help me God.) \Ki2 Uier— DREW PL The foregoing oath of office was taken, sworn to, and subscribed before me by Drew Kepley this`/` day ofc'�—� 2024. Brenda S. 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'--- ' .: I IE ,... / . ., . ., -.. ,- , ... ... E, / .„,.. '. 1,),- , - i-, - - ,f, • - ...•__..-: . . _ __ , .... . •-...._,.,. , ..... ,, ._ - r- . #4 • ., .. ...... ., , . „..,. __„ • . , , „,... .„..... .,---- I .., ti - ...,. .. _. ....... _ , ..sx .., ..., .. , .,... , t 0 C CD Cl) rimiok —• 0 = Cl) 1 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of October 2024. No. 43073-102124. A RESOLUTION approving the terms of a Letter Agreement between the City of Roanoke, Virginia("City") and Roanoke Higher Education Center, for access to parking spaces for the students attending the Roanoke Higher Education Center at the Higher Ed Parking Lot; authorizing the City Manager or her designee to execute the Letter Agreement referred to above; and authorizing the City Manager or her designee to execute such other documents and to take such further actions as may be necessary to implement, administer, and enforce such Letter Agreement. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council hereby approves the terms of a Letter Agreement between the City and Roanoke Higher Education Center, for access to parking spaces for the students attending the Roanoke Higher Education Center at the Higher Ed Parking Lot, as set forth in the attached City Manager's Report dated October 21, 2024. 2. The City Manager or her designee is authorized on behalf of the City to execute a Letter Agreement between the City and Roanoke Higher Education Center, for access to parking spaces for the students attending the Roanoke Higher Education Center, upon certain terms and conditions as set forth in the City Manager's Report dated October 21, 2024. Such Letter Agreement shall be substantially similar to the one attached to such report and in a form approved by the City Attorney. 3. The City Manager or her designee is further authorized to execute such other documents and take such further actions as may be necessary to implement, administer, and enforce such Letter Agreement. ATTEST: ezed,ut . J. cfite-ecK-e City Clerk. City Manager's Report Submitted by: Brian Mann, Executive Enterprise Administrator Hotel Roanoke Conference Center I PARK Roanoke ROA N O K E October 21, 2024 Title: Approval of a Letter Agreement for Student Parking Spaces with Roanoke Higher Education Center & PARK Roanoke-Higher Education Lot. Background: The Parking Fund operates the City's on-street and off-street parking systems consisting of seven parking garages and four surface parking lots. The City agrees to make available upon request by the Roanoke Higher Education Center student parking for up to a total of 46 parking spaces for use in the Higher Ed. Parking Lot, located on Centre Ave., that the City owns, operates, and manages under the following terms and conditions: 1 . The term of this Agreement shall be for five years, from September 1, 2024, through August 31, 2029, at which time it will terminate, unless sooner terminated pursuant to the terms of the Agreement or by law. Either party may terminate the Agreement by giving the other party 30 days written notice of its desire to terminate the Agreement. Termination shall be effective at the end of the 30 day notice period. 2. The parking spaces will be made available to the Roanoke Higher Education Center during the term of this Agreement at the rate of $20.00 per space per month, for student parking, for a total of $920 per month for 46 spaces, or $11,040 annually. Considerations: This Agreement will provide for economical student parking options near the Roanoke Higher Education Center while increasing usage of an existing parking area. Recommended Action: Authorize the Interim City Manager or their designee to sign the Agreement with the Roanoke Higher Education Center and PARK Roanoke in substantially the form attached hereto, and to execute such other documents and take such further actions as may be necessary to implement, administer, and enforce such Agreement, with the form of such Agreement to be approved by the City Attorney. ost;744e Lydia Patton, Interim City Manager 441, OFFICE OF THE CITY MANAGER Noel C.Taylor Municipal Building 215 Church Avenue,SW,Suite 364 Roanoke,Virginia 24oii ROANOKE '85www.r3.2333 www.roanokeva.gov , 2024 Kay Dunkley, Executive Director Roanoke Higher Education Center 108 N. Jefferson Street Roanoke, VA 24016 Re: Letter Agreement Dear Dr. Dunkley: The City of Roanoke owns, operates, and manages a public parking system in its downtown which is currently comprised of seven parking garages and four off- street parking lots which contain a total of approximately seven thousand (7,000) parking spaces. This is a letter agreement (the "Agreement") between the City of Roanoke, Virginia (the "City") and Roanoke Higher Education Center (the "RHEC"), its successors and assigns, that provides, to the extent permitted by law, access to public parking for individual students that attend RHEC. The City agrees to make available upon request by such students up to a total of 46 parking spaces for use in the Higher Ed Parking Lot, located on Centre Ave., that the City owns, operates, and manages under the following terms and conditions: 1 . The term of this Agreement shall be for five years, from September 1 , 2024, through August 31 , 2029, at which time it will terminate, unless sooner terminated pursuant to the terms of the Contract or by law. Either party may terminate the Agreement by giving the other party 30 days written notice of its desire to terminate the Agreement. Termination shall be effective at the end of the 30 day notice period. 2. The parking spaces will be made available to the RHEC during the term of this Agreement at the rate of $20.00 per space per month, for a total of $920 per month for 46 spaces, or $1 1 ,040 annually. 3. The City's obligations under this Agreement to provide access as set forth above to such parking spaces is specifically subject to the following conditions: a. The availability of funds and the appropriation of such funds by the City Council as may be necessary to operate and manage the City's parking garages and lots. b. The City maintaining ownership, operation, and management of parking garages and lots through the duration of the agreement; provided if more than 2,500 of the parking spaces currently managed by the City are sold or transferred to a single third party (or more than one party if part of a single transaction or series of transactions to individuals or entities having a common control group) during the term of this Agreement then this Agreement shall be binding on such successor. Except as provided in the preceding sentence, should the total number of parking spaces in such facilities fall below one thousand (1 ,000) during the term of this Agreement, this Agreement may be terminated by the City in its sole discretion. c. In the event of a breach by the City under the terms of this Agreement, the RHEC, its successors and/or assigns, shall give written notice to the City setting forth the nature of the breach and the City shall have thirty (30) days following receipt of the notice to cure the breach, provided that if the cure cannot be reasonably completed within thirty (30) days following the City's receipt of written notice the City shall be granted additional time to cure the same provided it diligently proceeds to do so. All notices to the City shall be sent via overnight delivery or certified mail, return receipt requested to: City Manager, City of Roanoke, 215 Church Avenue, S.W., Suite 364, Roanoke, VA 24011 . Should the City fail to cure any default within the time period set forth in the preceding sentence, the City shall be deemed in default of this Agreement and the RHEC may exercise all rights and remedies available to it under Virginia law, provided the City's liability, if any, shall be limited to an amount not to exceed the lesser of (i) the actual cost of any excess amount that it would cost the RHEC to provide such parking spaces over what the City would have charged to provide such parking permits or (ii) an amount not to exceed a total of $11 ,040. d. The City shall not be liable for its inability to perform its obligations under this Agreement by reason of strikes, lock- outs, casualties, acts of God, pandemics, labor troubles, failure of power, governmental laws or regulations, riots, insurrection, war or other causes beyond the reasonable control of the City. 2 5. The RHEC shall indemnify and hold harmless the City, its Parking Management Company (if any), and their officers, agents, and employees against any and all liability, losses, damages, claims, causes of action, suits of any nature, costs and expenses, including reasonable attorney's fees, resulting from or arising out of (a) the RHEC's, its assignees, or their employees', agents', or subcontractors' actions, activities, or omissions, negligent or otherwise, on or near the City's property or (b) claims made by RHEC students related to the location of the parking provided by the City to such students under this letter agreement (collectively, the "Student Claims"). 6. Warning tickets will be issued for the first 2 weeks of a new semester to notify parkers that these spaces are reserved for RHEC. 7. The City of Roanoke will be responsible for snow removal at the Higher Ed Parking Lot. If the RHEC agrees to the terms and provisions set forth herein, please have an authorized representative sign and return to me the original of this letter. Thank you for your cooperation in this matter. City of Roanoke, Virginia By: Dr. Lydia Pettis Patton, Interim City Manager Roanoke Higher Education Center hereby acknowledges that it has read the above Letter Agreement document and does hereby agree to and accepts all such provisions. Date: Roanoke Higher Education Center By Kay Dunkley, Executive Director 3 IN THE COUNCIL OF THE CITY OF ROANOKE,VIRGINIA The 21st day of October 2024. No. 43074-102124. A RESOLUTION approving and adopting the City of Roanoke's Title VI Implementation Plan. WHEREAS, the City of Roanoke has developed a Title VI Implementation Plan to further strengthen its efforts to build a diverse and inclusive workforce; and WHEREAS, development of the Title VI Implementation Plan supports the organizations core values and meets the requirement for recipients of certain federal grant funding. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council does hereby approve and adopt the City of Roanoke's Title VI Implementation Plan in accordance with the recommendation contained in the City Manager's Report dated October 21, 2024. ATTEST: U City Clerk. City Manager's Report Submitted by: Angie O'Brien, Deputy City Manager Office of the City Manager ROA N O K E October 21, 2024 Title: Adoption of the City of Roanoke's Title VI Implementation Plan. Background: The Virginia Department of Transportation (VDOT) — Civil Rights Division oversees Title VI Program Requirements. VDOT is required to conduct Title VI reviews of Local Public Agencies (LPAs) receiving federal aid thru VDOT in order to monitor and ensure Title VI compliance. The City of Roanoke, Virginia is fully committed to achieving full compliance with Title VI of the Civil Rights Act of 1964 and all related nondiscrimination laws. As a municipality and organization and as a recipient of federal financial assistance, including our sub-recipients and consultants, we endeavor to provide quality services for the benefit of all community members in an equitable manner and prohibit discrimination in all of our programs. In partnership with VDOT's Civil Rights Division, the City of Roanoke, Virginia has developed a Title VI Implementation Plan. Title VI prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving Federal financial assistance. Specifically, Title VI provides that: "No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits, or be subjected to discrimination under any program activity receiving Federal financial assistance." 42 U.S.C. §2000(d). Title VI was included in the Civil Rights Act of 1964 to establish a national policy of nondiscrimination. The Director of Human Resources position serves as the LPA's Title VI Coordinator. This position, along with the Executive Performance Administrator, has a close working relationship between the City Engineer, Transportation Manager, Director of Public Works, Purchasing Manager, Director of Finance, Human Resources and City Administration. The Executive Performance Administrator is tasked with working with the Title VI Coordinator to ensure adherence to the Title VI requirements. Considerations: According to the Salem District Civil Rights Office, the City of Roanoke. Virginia's final submission of the Title VI Program Implementation Plan on September 25, 2024, is considered final and up to date. The Salem District Civil Rights Office has reviewed the plan and found that the City of Roanoke's Title VI Implementation Plan contains the required components of a Title VI Implementation Plan and meets the Federal Highway Administration's (FHWA) guidelines in place. The City of Roanoke shall upload and post the final document on our website along with our discrimination complaint procedures and form as required. Recommended Action: Adopt the City of Roanoke's Title VI Implementation Plan as approved by the Salem District — Civil Rights Division. c> 1QXc; Lydia Patton, Interim City Manager ti • CO: L\ JQ,\' \ L TFI of 1, 7R L7IL\14 DEPARTMENT OF TRANSPORTATION 731 Harrison Ave. STEPHEN C. BRICH,P.E. Salem. VA 24153-0560 COMMISSIONER September 26. 2024 Lydia Pettis Patton- Interim City Manager City of Roanoke 215 Church Ave. SW Roanoke, VA 24011 Re: LPA Title VI Compliance Review Dear Dr. Pettis Patton: This letter is in reference to City of Roanoke's submittal to address deficiencies found during the 2022 Title VI program compliance review conducted by the Virginia Department of Transportation (VDOT) and to acknowledge that all corrective actions which were identified during the review have been addressed. The actions implemented demonstrate that the City of Roanoke has taken steps to correct the deficiencies. The City of Roanoke has: 1. Submitted a Title VI Implementation plan and submitted the USDOT 1050.2A signed assurances. 2. Designated the City of Roanoke's Title VI coordinator. 3. Developed a written Public Involvement plan. 4. Provided samples of new solicitations to include nondiscrimination notification paragraph 5. Provided a draft of their consultant contract agreement template with the USDOT 1050.2A — Appendix A and Appendix E incorporated 6. Developed Title VI complaint procedures and complaint form and has included them in the Title VI Implementation plan. 1 +d COA 111(_ ):\' 1 t ".E_4 L TFJ of 1 IR vl '1 DEPARTMENT OF TRANSPORTATION 731 Harrison Ave. STEPHEN C.BRICH,P.E. Salem. VA 24153-0560 COMF 1ISSIONER This letter confirms that there are no outstanding corrective actions: therefore. the Compliance Review is closed. If you have any questions regarding this letter, please contact me at 540-387-5552 or Brianna.Hatcheic VDOT.Viannia..ov . Sincerely. Brainna Hatcher- Acting District Civil Rights Manager Salem District- Civil Rights Division Cc: Corina Herrera, Title VI Program Specialist Angelia Vernon, Executive Performance Administrator Chris Parker. City of Roanoke Title VI Coordinator Yk. Al OX I i'E-1 L TFI of A IR GL\i'IA DEPARTMENT OF TRANSPORTATION 731 Harrison Ave. STEPHEN C.BRICH,P.E. Salem,VA 24153-0560 COMMISSIONER September 26. 2024 Lydia Pettis Patton-Interim City Manager City of Roanoke 215 Church Ave. SW Roanoke. VA 24011 Re: Title VI Implementation Plan Dear Dr. Pettis Patton: I am pleased to inform you that the Title VI Program Implementation Plan submitted by the City of Roanoke on September 25. 2024. is considered final and up to date. The Salem District Civil Rights Office has reviewed the plan and appreciates that the City of Roanoke could address and incorporate the comments and recommendations provided during the review of the draft. Our review found that the City of Roanoke's Title VI Implementation Plan contains the required components of a Title VI Implementation Plan and meets the FH\V A's guidelines in place. Please upload and post the final document to your website along with the discrimination complaint procedures and form as required. As part of our oversight responsibilities.my office will continue to monitor your Title VI activities and provide any technical guidance that may be requested. If you have any questions regarding your Title VI Program.please contact me at 540-387- 5552 or email Brianna.Hatcher'a VDOT.Virainia.clov . Sincerely. j46.10, Brainna Hatcher- Acting District Civil Rights Manager Salem District- Civil Rights Division Cc: Corina Herrera. Title VI Program Specialist Angelia Vernon. Executive Performance Administrator Chris Parker. City of Roanoke Title VI Coordinator i --- ,b,. i '"'gitir r .' . - ,i �° 14 sae- f i O `� attObfrtiiAtk { 4 i +- R..., a.h .:. f s`' .r, { - r yC m ^t . p` f ,�,,,. ' -Jj- `+,y! - A. =`" , irks'.. I. g _ ,. . � e Im - mentation Plan City o ' ' oanoke, Virginia Octo • ' r 2024 ilffP7v7iiimie Approved Oc ' • er 2024 ROANOKE ROANOKE City of Roanoke. Virginia TITLE VI PROGRAM PLAN Agency Administrator City of Roanoke, Virginia Director of Human Resources/Title VI Coordinator 215 Church Avenue. Room 212. Roanoke. VA 2401 1 Telephone: 540-853-2231 • Fax: 540-853-1 21 8 • Email: hr((roanokeva.gov Prepared by: Department of Human Resources and Public Works FISCAL YEAR: 2024-2025 TABLE OF CONTENTS Page TITLE VI STATEMENT OF COMMITMENT 2 INTRODUCTION 3 I. ORGANIZATION AND STAFF RESPONSIBILITIES 4-10 A. Relationship of Civil Rights Staff/Unit to Head of Local Public Agency B. Program Administration C. Statement of Responsibility and Authority of Title VI Coordinator D. Organizational Charts II. TITLE VI PROGRAM IMPLEMENTATION 11-23 A. Program Areas Planning o Public Involvement o Data Collection & Documentation o Right of Way Process/Program o Construction Maintenance o Contracts and Agreements o Contracting for Construction o Sub-recipient Reviews and Monitoring Process o Education/Training Consultant Contracts Administration B. Data Collection - Reporting - Analysis C. Title VI Training D. Dissemination of Title VI Information Community Outreach and Public Education Public Involvement Plan III. DISCRIMINATION COMPLAINT PROCESS 23 IV. REVIEW OF AGENCY DIRECTIVES 29 V. COMPLIANCE AND ENFORCEMENT PROCEDURES 29 VI. AUTHORITIES 30 VII. TITLE VI ASSURANCES 31 (STANDARD DOT TITLE VI ASSURANCES - U.S. DOT 1050.2A) Contractor/ Consultant/Supplier Agreement: U.S. DOT 1050.2A • Clauses for Deeds Transferring United States Property • Clauses for Transfer of Real Property Acquired or Improved Under the Activity. Facility or Program • Clauses for Construction/Use/Access to Real Property Acquired Under the Activity. Facility or Program • Pertinent Nondiscrimination Authorities VIII. APPENDIX • Community Stakeholder Engagement Standard Operating Procedures • Contracting for A&E Services Standard Operating Procedures • City of Roanoke Consultant Title VI Evaluation Form • Complaint Form • Complaint Log Template • City of Roanoke Training Plan • City of Roanoke Training Outline IX. EXHIBITS Standard Operating Procedures Training Presentation Ordinance Upon request. alternative formats of this document will be produced for persons with disabilities or with limited English proficiency. Please contact Director of Human Resources. Title VI Coordinator (540) 853-2231 or via email hrtvroanokeva.gov. Previa solicitud. se produciran formatos alternativos de este documento para personas con discapacidades o con dominio limitado del ingles. Cornuniquese con Director de Recursos Humanos. Coordinador del Titulo VI (540) 853-2231. ROANOKE TITLE VI STATEMENT OF COMMITMENT The City of Roanoke, Virginia , hereinafter also referred to as the "LPA", will effectuate the provisions of Title VI of the Civil Rights Act of 1964, 49 Code of Federal Regulation (CFR) Part 21, 23 CFR Part 200 and other applicable directives. These authorities provide that no person in the United States shall, on the grounds of race, color or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which LPA receives federal assistance. Further, as a recipient of federal-aid funding, City of Roanoke, Virginia strives to achieve nondiscrimination in all its programs and activities whether or not those programs and activities are federally funded. These efforts to prevent discrimination will address, but not be limited to, a program's impact upon access, benefits, participation, treatment, services, contracting opportunities, training opportunities, investigation of complaints, allocation of funds, prioritization of projects, and the functions of right-of-way, research, planning, design, construction, and project development. City of Roanoke, Virginia will ensure that every manager, supervisor, employee, and sub-recipient of federal- aid funds administered by the LPA is aware of and applies the intent and spirit of Title VI of the Civil Rights Act of 1964 and other nondiscrimination authorities in performing assigned duties. Every employee and representative of City of Roanoke, Virginia shall perform all official duties and actions in full accord with Title VI of the Civil Rights Act of 1964, applicable statutes, executive orders, regulations, and policies enunciated there under. Director of Human Resources has been designated as the LPA's Title VI Coordinator and is responsible for ensuring that all matters relating to nondiscrimination are administered effectively. Employees of the LPA, contractors or applicants with questions, problems or complaints regarding this statement, and the implementation of the stated provisions, should contact Director of man Resources, located at 215 Church Avenue, Room 212, Roanok , irgi 'a 011 , 540-853-2231 . — .23 -2 • Man er (Int rim) Date ency d finis ator Title VI Program Page 2 INTRODUCTION The City of Roanoke is fully committed to achieving full compliance with the Title VI of the Civil Rights Act of 1964 and all related nondiscrimination laws. As a municipality and organization and as a recipient of federal financial assistance. including our sub- recipients and consultants. we endeavor to provide quality services for the benefit of all community members in an equitable manner and prohibit discrimination in all of our programs. Title VI of the Civil Rights Act of 1964 (Title VI) is a federal law that requires no person in the United States on the grounds of race. color, or national origin, be excluded from. be denied the benefits or be subjected to discrimination under any program or activity receiving federal financial assistance. The Federal-Aid Highway Act of 1973 added the requirement that there be no discrimination on the basis of sex. Title VI applies to recipients and sub-recipients of federal financial assistance. The Civil Rights Restoration Act of 1 987 makes clear that pursuant to Title VI discrimination is prohibited throughout any department of a local agency that accepts Federal financial assistance. TITLE VI AND RELATED AUTHORITIES 1 This section is a reference source of the r-.,.♦.... 110tr a applicable authorities related to Title VI of the Civil Rights Act of 1964 as amended. TbicaOr !t 415. I t 0 Title VI of the Civil Rights Act of 1964 (42 USC 2000d et seq) states the following: "No person in the United States shall on the grounds of race. color or national origin. be excluded from participation in. be denied the benefits of. or be subjected to discrimination under any program or activity receiving Federal financial assistance." Section 162(a) of the Federal-Aid Highway Act of 1973 (Section 324. Title 23 U.S.C.) prohibits discrimination based on sex (gender). The Civil Rights Restoration Act of 1987. P.L. 100-209. further clarified the intent of Title VI to include all programs and activities of entities whether those programs and activities are federally funded or not. Title IX of the Educational Amendments Act of 1972. the Age Discrimination Act of 1975. and Section 504 of the Rehabilitation Act of 1973. 49 CFR Part 21 . the U.S. Department of Transportation's Implementing Regulations of Title VI of the Civil Rights Act of 1964. 23 Code of Federal Regulations (CFR) Part 200. the Federal Highway Administration Title VI Program Implementation and Review Procedures. Title VI Program Page 3 I. ORGANIZATION AND STAFF RESPONSIBILITIES A. Relationship of Civil Rights Unit/Staff to Head of City of Roanoke. Virginia Agency Administrator - The City Manager serves as the Agency Administrator and is authorized to ensure compliance with provisions of the City's policy of nondiscrimination and with the law. including the requirements of 23 CFR Part 200 and 49 CFR Part 21 . The City's grants compliance function and Title VI coordination shall be performed under the authority of the City Manager. Title VI Coordinator - The Director of Human Resources will perform the duties of the Title VI Coordinator and ensure implementation of the Agency's Title VI Federally Funded Transportation Program. Although the Director of Human Resources reports to Deputy City Manager (direct supervisor). this position shall have an indirect reporting relationship and access to the Agency Administrator. Title VI Plan Update • Review and update the Agency's Title VI Implementation Plan as needed or required • Present updated plan to the City of Roanoke. Virginia Administrator for approval. • Publish/post the Title VI Implementation Plan. Annual Accomplishment Report • Prepare an annual report of Title VI accomplishments and changes to the program in the preceding Federal fiscal year • Identify goals and objectives for the upcoming year as required: and submit to VDOT. Public Dissemination • Work with City of Roanoke. Virginia staff to develop and disseminate Title VI program information to employees and sub-recipients. including contractors. subcontractors. consultants, and sub-consultants and beneficiaries. as well as the general public. • Ensure public service announcements or notices are posted of proposed projects. hearings. meetings. or formation of public advisory boards. in newspapers or other media reaching the affected community. • Ensure the full utilization of available minority publications or media • Ensure written or verbal information in languages other than English is being provided. where appropriate. Elimination of Discrimination • Work with City's program areas to establish procedures for promptly resolving deficiencies. as needed. Title VI Program Page 4 I. ORGANIZATION AND STAFF RESPONSIBILITIES (Continued) • Recommend procedures to identify and eliminate discrimination that may be discovered in any of the Agency's processes Maintain Legislative and Procedural Information. • Keep informed about Federal laws. rules, and regulations. FHWA or VDOT guidelines that may affect the current Agency Title VI Plan and , administration of the Agency's Title VI Program. • Ensure information is made available to the public as requested or required. B. Program Administration The City Administration has designated the Director of Human Resources position to serves as the LPA's (Local Public Agency)Title VI Coordinator. The Title VI Coordinator is responsible for ensuring that all matters relating to nondiscrimination are administered effectively. The Director of Human Resources would perform the duties of the Title VI Coordinator and ensure implementation of the Agency's Title VI Federally Funded Transportation Program. Although the Director of Human Resources reports to Assistant City Manager (direct supervisor). there is a direct reporting relationship on Title VI matters and activities, and access to the Agency Administrator/City Manager. C. Statement of Responsibility and Authority of Title VI Coordinator As authorized by the City of Roanoke. Virginia Administrator. the Title VI Coordinator is responsible for initiating, monitoring. and ensuring LPA compliance with Title VI requirements as follows: Program Administration • Administer the Title VI Program and coordinate implementation of the plan • Ensure compliance with the assurances. policy. and program objectives • Perform Title VI Program reviews to assess administrative procedures. staffing. and resources • Provide recommendations as required to the City Manager (Agency Administrator) Responsibilities of the Title VI Coordinator include: a) Promptly processing and resolving Title VI complaints: b) Collecting demographic data (race, color. national origin) of participants in and beneficiaries of the City's Federal-aid programs. activities. and services: c) Promptly resolving areas of deficiency: Title VI Program Page 5 d) Conducting periodic Title VI audits: e) Ensuring that Title VI requirements are included in policy directives and that the procedures used have built-in safeguards to prevent discrimination: f) Coordinating the development and implementation of staff training regarding the City's Title VI program: and g) Developing and coordinating Title VI information for public dissemination. including where appropriate in languages other than English. Multidisciplinary Approach The City of Roanoke strives to comply with Title VI of the Civil Rights Act of 1964 in addition to any other regulatory requirements as established by law. To this extent. the City will utilize a collaborative approach within specific City departments that received federal grants provided by FHWA. to provide ongoing communication and continuous interaction within the community for programs and activities to ensure nondiscrimination practices. The City will designate specific staff from applicable departments that are administering federal grants and/or providing programs and activities funded from federal assistance of other types of transportation related funding as Title VI Specialist(s). Title VI Specialists shall work with the Title VI Coordinator to ensure compliance by contractors. subcontractors. consultants. suppliers and other sub-recipients involved with any projects. programs or activities of the City utilizing federal funds. Title VI Specialists will work with the Coordinator to collect the required demographic data of community participants and beneficiaries of the City's federally funded transportation programs. The Specialists shall be responsible for maintaining this data as it pertains to their specific programs or activities. Annually. the Coordinator is charged with utilizing the data collected by the Title VI Specialists to complete Title VI reporting as required. The Title VI Specialists responsibilities are to: 1 . Foster awareness of nondiscrimination requirements 2. Participate in the development and implementation of the Title VI Program 3. Identify areas of need requiring mitigation measures 4. Formulate and prioritize strategies to address areas of mitigation 5. Recommend revisions to the Title VI Implementation Plan 6. Implement Title VI Program Plan 7. Continuously assess and recommend adjustments to the Title VI Implementation Plan as necessary for effectiveness. Title VI Specialists - Additionally. the Agency has designated Title VI Specialists in special emphasis program areas to include Engineering. Environmental Management. Stormwater Management and Transportation. The Specialists shall work in concert with Title VI Program Page 6 the Title VI Coordinator. These key programs areas are subject to receiving federal assistance through grants or other types of transportation related funding. The Title VI Specialists will work with the Coordinator to ensure their respective departments and programs comply with Title VI regulations and assurances. meet the Title VI Method of Administration as laid out on this Title VI Plan. meet federal and state reporting requirements. and provide adequate training opportunities for applicable staff. - Title VI Specialists will also work with the Coordinator to ascertain Title VI compliance by contractors. subcontractors. consultants. suppliers and other sub-recipients under federally funded projects or programs. ., Specialists will ensure applicable Title VI provisions and requirements are included in contractual agreements to prime contractors and sub-recipients. Title VI Specialists will work with the Coordinator to obtain statistical data on race. color. national origin of participants in. and beneficiaries of the Agency's federally funded transportation programs. Each of the Contacts will maintain data relative to their respective special emphasis program area. designated below. The Coordinator shall use the data to complete annual Title VI reports and for other administrative needs. TITLE VI SPECIALISTS DESIGNEES Program Area Official Job Title Primary Engineering Office City Engineer Transportation Transportation Manager Stormwater Management Stormwater Manager Environmental Management Environmental Manager Title VI Program Page 7 A. Charts CITY OF ROANOKE. VIRGINIA Organizational Chart - FY2024 - 2025 CITIZENS ELECTED [ GOVERNOR OFFICIALS + Supreme Court of VA ' 'at N_ City Clerk Mayor & City City Attorney Council Municipal Auditing Circuit Court Real Estate Valuation Clerk of Circuit Court 1 City Treasurer Committees, Boards & • Commissions } Electoral Board / fi( Clerk of Circuit � Reaistrar Court School Board: • Roanoke City Public Schools-1 •-i Magistrate (State) Commissioner of i the Revenue S/ Interim City Manager Juvenile & Domestic Commonwealth Relations Court Attorney Court Services Unit J Court Clerk (State• Sheriff1( General District Jail Administrative Support Economic Development 1 Roanoke Small Business Deputy City Manager J Development Deputy City Manager Executive Performance Admin Finance : Accounting ierglund Center : Accounts Payable : Management & Bud et Strategic Initiatives/Community I Building Security Officer : Engagement g g Director of Public Works Payroll & Systems Engineering : Procurement GRTC /Valley Metro (Contract) Environmental : Retirement Human Services/Social Services Management Fire-EMS Human Services Support Stormwater Human Resources : Outreach Detention Transportation Police : Youth Haven —VJCCCA General Services _ E-911 Center Libraries Facilities Parks & Recreation : Fleet ,) Planning. Building & Risk Management Development Solid Waste Development Services Hotel Roanoke Conference : Community Services Strategic Management & Center Admin Park Roanoke Technology Detailed City of Roanoke Organizational Chart Effective 07.2024 INTERIM CITY MANAGER Dr. Lydia Pettis Patton CITY MANAGER'S OFFICE DEPARTMENT OF FIRE/EMS DEPARTMENT OF POLICE Fire-EMS Chief David Hoback Police Chief Scott Booth - Deputy Chief - Operations Division — Deputy Chief - Deputy Chief - Administrative Division — Deputy Chief - Police Captain - Police Captain - Technical Services Division — Business Technology _ Police Captain Analyst E911 Manager - Emergency Management — Battalion Chief - Fire Marshall — Battalion Chief - Fire Prevention Division — Fire Prevention Specialist DEPARTMENT OF HUMAN RESOURCES DEPARTMENT OF FINANCE Chris Parker. Director Margaret Lindsey. Director Deputy Director - HR Manager - HR Benefits Administrator - Retirement Systems Administrator - HR Compensation & System Administrator - Bridget Manager - - HR Org. Dev. & Learning Administrator Debt Service Fund - Employee Health Services — Marathon Health - Pension Fund OFFICE OF ECONOMIC DEVELOPMENT Executive Performance Administrator Marc Nelson. Director Angelia Vernon DEPUTY CITY MANAGER Angie O'Brien DEPARTMENT OF LIBRARIES DEPARTMENT OF PARKS & RECREATION Sheila Umberger. Director Cindy McFall. Director - Librarian Ill —Technical Services - Recreation Manager - Librarian III —Youth Services - Parks Manager - Librarian Ill — Branch Services - Librarian Ill — Public Services STRATEGIC INITIATIVES/COMMUNITY TRANSIT/VALLEY METRO ENGAGEMENT/COMMUNICATIONS Kevin Price. Director - Communications Manager - Community Engagement Manager - Neighborhood Services Coordinator - Inclusion Services Manager - Strategic Projects and Grants Manager DEPARTMENT OF SOCIAL SERVICES DEPARTMENT OF PLANNING. BUILDING Gwendolyn Coleman, Director AND DEVELOPMENT Chris Chittum, Executive Director - Social Services Manager - Human Services/Benefits Manager - Planning Manager - Business Administrator - Community Resources Program Administrator - Building Commissioner - Codes Compliance Administrator - Sustainability& Outreach Coordinator DEPUTY CITY MANAGER Sam Roman DEPARTMENT OF PUBLIC WORKS DEPARTMENT OF GENERAL SERVICES Ross Campbell, Director and SUSTAINABILITY -Transportation Manager Jeffrey Powell, Executive Director - City Engineer - Stormwater Manager - Facilities Manager - Stormwater Utility Manager - Solid Waste Manager - Environmental Manager - Fleet Manager - Risk Manager HOTEL ROANOKE CONFERENCE DEPARTMENT OF CIVIC FACILITIES CENTER/PARK ROANOKE Robyn Schorr, Director Brian Mann, Executive Enterprise Administrator -Assistant General Manager of Civic Facilities DEPARTMENT OF TECHNOLOGY Vanessa Bohr, Director - Enterprise Services Administrator - Infrastructure Division Administrator - Applications Division Administrator 111! - it, s•-t< 1 - , — VI ' r it I e is 11. �, ,0 1 ti . III IF 1 A - T.: ---- - __-_-,- -IP. 14‘. 10'4- ''' t ; 1.i'f.... I 1 ' ! '.*. t At* ,'. " Title VI Program Page 10 IL TITLE VI PROGRAM IMPLEMENTATION A. Program Areas Our Commitment - City of Roanoke Title VI Non-discrimination Policy The City of Roanoke will strive to ensure that all employees, applicants, residents, customers, and persons doing business with the City may participate in activities, programs, services and be free from discrimination under any such program, services or activity it administers without regard to any protected status to include race, color, national origin, sex (including pregnancy), religion, age disability, veteran or marital status, sexual orientation, gender identity, or genetic information. The City of Roanoke is responsible for developing long- and short-range transportation plans and programs to provide efficient transportation services for the City of Roanoke. A comprehensive transportation process is used which entails the monitoring and collection of various data pertaining to transportation issues. The City of Roanoke coordinates with VDOT, counties, and area transit agencies: seeks public participation: and provides technical support when needed. '" .►• Planning wren The City of Roanoke is responsible for emu • evaluating and monitoring compliance riotLi 4.0# with applicable nondiscrimination authorities in all aspects of the City s planning and programming processes. The City of Roanoke Title VI Designees will: 1 . Ensure that all aspects of the planning and programming process operation comply with nondiscrimination authorities. 2. Prepare and update a demographic profile of the region using the most current and appropriate statistical information available on race. income. and other pertinent data. 3. Make the document available to the public and member agencies on the City of Roanoke's website or in hard copy format. if requested. 4. Continue to ensure that staff makes concerted efforts to involve members of all social. economic. and ethnic groups in the planning process. Public Involvement The City of Roanoke is committed to ensuring that projects. programs and services delivered by the City of Roanoke are sensitive to the various demographics backgrounds within the City in order to promote public involvement in the planning and decision- making process of projects. programs and services. Title VI Program Page 11 Community Outreach and Public Participation Plan The City of Roanoke endeavors to communicate with and r� provide opportunities for minority. low-income. and disabled persons to participate. To ensure Title VI "" -- compliance in communications and public participation. --- the City of Roanoke utilizes multiple techniques to actively solicit input in the planning process for a project. The City EUREKA of Roanoke engages the community through the City's REC CENTER website. social media. via citizen mailings. city print REDEVELOPMENT publications. and brochures placed at the library. recreation centers. community centers. greenways and within the COMMUNITY ENGAGEMENT MEETING com munity. Understanding the dynamics of our community make-up, a, ° special emphasis is placed on outreach strategies for ' minority. low-income. and LEP populations. The City will strive to ensure that all communication and public participation efforts comply with nondiscrimination authorities and that scheduling meetings occurs at times and locations that are convenient and accessible for minority and LEP communities. Other considerations that will be utilized are as follows: • Employing different meeting sizes and formats. • Coordinating with community and faith-based organizations. educational institutions. and other organizations to implement public engagement strategies that reach out specifically to members of affected minority and/or LEP communities. • Considering radio. television. or newspaper ads on stations and in publications that serve LEP populations. • Develop and distribute information on nondiscrimination and City of Roanoke programs to the general public. • Provide services for individuals with special needs - Upon advance notice. deaf interpreters. translators. and Braille documents can be provided for public meetings. • Notifications of opportunities for public participation will include contact information for people needing these or other special accommodations. • Include the Title VI Statement to the Public in relevant press releases and on the City of Roanoke website. Below is the statement that will be inserted into all public releases. "The City of Roanoke is committed to ensuring that press releases and notices to the public include appropriate language on the City's non-discrimination requirements and are in accordance with federal and state laws and regulations. For more information contact the Title VI Coordinator at 540-853-2231 ". Additionally. appropriate techniques will be used to inform, educate and gain input from the public about the City's projects. services or activities: • Surveys or questionnaires - mail-in. online. telephone. personal interview Title VI Program Page 12 • Articles or press releases in the appropriate publications • Time consultation with advisory committees • Distribution of informal reports, flyers, or brochures • Collaboration with community-based organizations • Informal presentations at community forums • Publication of information about meetings. public hearings. and special events on the City's website • Direct mailings to citizens and to those expressing interest in or commenting about certain topics When mailing out communications residents the City will notify in ample time to allow for any special mobility needs or language requirements needed at the meeting. Use language services contractor Volatia to help with Limited English Proficiency (LEP) speaking residents. The City of Roanoke strives to offer a variety of opportunities for the public to engage in planning and decision-making activities. These opportunities include conducting in person meetings for citizens. Meeting times are structured in a way to provide opportunities for citizens to attend meetings after business hours and to allow travel time for individuals to join meetings after their work day. Meetings are not held during the mornings or afternoons or virtual at this time. The City of Roanoke continues its' efforts to ' engage the community and is mindful of 11 _ ,' dates for holding meetings with citizens and , ve avoids dates during the summer when most . individuals are traveling. All meeting locations are within no more than 0.25 mile away from the City's public transportation provider. Additionally. the City strives to use venues and meeting sites that align with the location of the project. program or services. When appropriate. the City will use its multi-purpose building/arena which is centrally located in the City. easily accessed by public transportation, and provides ample parking for citizens. (See Appendix C for Community Stakeholders Standard Operating Procedures.) Limited English Proficiency (LEP) The City is committed to improving the accessibility of services to persons with limited English proficiency (LEP) and to developing and implementing a system that gives LEP persons meaningful access to City of Roanoke programs and services. Title VI Program Page 13 The Language Access Plan (LAP) serves as a guide for .0. 4 " s implementing policies. procedures. and action steps to " _, , :. ,\, . ensure meaningful and equitable access to City services. "* mom. ^'n< This plan is accessible via the City's main webpage at www.roanokeva.gov and provides guidance for all City . • offices, departments. and divisions to ensure the needs of IF `'"A. , residents are being met and that access to services is just 1 and equitable. City of Roanoke staff have developed a Title VI/Limited English Proficiency (LEP) strategy to provide language assistance for LEP persons seeking meaningful �� access to the City of Roanoke and USDOT's policy guidance. This strategy has detailed procedures on how to identify a person who may need language assistance. the ways in which assistance may be provided. and guidelines to notify LEP persons that assistance is available. Additionally. the City utilizes a contracting service to alleviate any language barriers. Please see the Language Access Plan for more details and contact information at https://www.roanokeva.gov/2682/Language-Services. The City's Language Access Policy Statement It is the policy of the City of Roanoke to ensure that LEP individuals have meaningful access to all services, programs, and activities while not imposing undue burdens on its employees. It is the responsibility of the City and not the LEP person to take reasonable steps to ensure that communications are not impaired as a result of limited English proficiency. The City will not discriminate against or deny any individual access to services, rights, or programs based on national origin, English proficiency, or any other protected interest or right. All language assistance services shall be provided at no cost to all LEP individuals who request these services. Information collected about LEP individuals must never be used to discriminate against groups or individuals. Immigration status is not relevant in determining whether a Roanoke resident is eligible for the LEP services outlined in this Plan. City employees should not ask an LEP individual about their immigration status, even in casual conversation. All LEP individuals are eligible for City services. Procedures for meaningful language access provisions have to developed to aid City staff in in determining the need for language assistance. These procedures are made available in the City's Language Access Plan and are detailed below. At point of first contact with LEP individual: Title VI Program Page 14 • Staff will make reasonable efforts to assess the need for language assistance. Staff can determine language assistance needs in several ways. including: • Self-identification by the LEP individual • Inquiring as to the primary language of the individual if they have self- identified as needing language assistance services • Using 'I Speak language identification cards or posters (available at https://www.roanokeva.gov/2682/Language-Services • Documentation of need for language assistance in database or customer paperwork City staff shall notify the individual of the right to an interpreter at no charge. Once the primary language is identified and the need for language assistance is identified, staff shall then make every effort to determine the language spoken by the LEP individual. City staff at key points of contact. as well as those who are on site or in the field, will have "I Speak cards and posters in the languages most prevalent in Roanoke. If none of the previously detailed methods are successful in identifying an individual's primary language. City staff will use Volatia Customer Service for customer assistance. Volatia is a third party language network that supports individual's ability to interact with the City in his/her preferred language. (See the City's Language Access Plan found on the City of Roanoke's website at www.roanokeva.gov) Data Collection & Documentation City of Roanoke is committed to document and analyze the impacts of transportation projects on minority and low-income populations as a normal part of analysis efforts. A key aspect of the analysis is to ensure the involvement of affected communities in the project development process. City of Roanoke has developed Standard Operating Procedures (SOP) to provide Environmental. Planning. Engineering. Transportation (Right of Way). Location and Design. and any other applicable area with a consistent framework for developing an effective public involvement strategy. The SOP's provide general procedures: however, specific approaches must be tailored to the unique circumstances of each project and those communities affected by it. If the procedures do not seem appropriate for a particular project. then the team will develop a more suitable approach. When conducting public meetings. the City will ensure that attendee information is gathered by the following: • Providing a sign-in table with sign-in sheet (voluntary) • Utilize a demographic survey (voluntary) • Project survey After the meeting. the project manager will assemble a package for distribution to the VDOT LAP (Locally Administered Project) Coordinator and Department of Human Resources. (See appendix.) The information gathered will include the following: • Title of Project • State and Federal Project Number • Date & Time Title VI Program Page 1 5 • Location • City & VDOT Personnel Present at the Meeting • Sample Notification Letter • Excel file of the Residents and/or commercial businesses notified through the automated mailing system. • List of residents (and their information) that contacted the City about mobility needs or language needs prior to the meeting. • Screen shot of the City's Website announcing the meeting. • Scanned Sign-In Sheets. • Scanned Paper Project Surveys • Scanned Demographic Surveys. • Online Results of the Project Survey. • Photos of the meeting (10 photos preferred). The City shall provide the above information for each project during the VDOT required reporting period (June and December). Right of Way Process/Program The City has established procedures for the Right of Way process. Provided below are the requirements for appraisals: • Appraiser must provide owner certified letter "Letter of Intent to Enter Property'. prior to entering the property to begin appraisal work. • Property owner must be given a written explanation of the LPA.s land acquisition procedures. • Appraiser must be licensed and perform work in accordance with Uniform Standards of Professional Appraisal Practices. • A separate licensed appraiser must perform an appraisal review and approve or disapprove. Written Offers: 1 . Written appraisal establishing just compensation must be approved prior to negotiations with owner. 2. At first negotiation. LPA must provide owner with copy and certified title examination. Documentation must be included in the project file to indicate that this action occurred for each parcel. 3. Owner has a minimum of 30 days to respond. 4. Landowner may donate land after being fully informed of their right to receive just compensation. Need donation acknowledgement form. 5. Written diary of all contacts with landowners. All deeds must contain the provisions of USDOT 1050.2A - See additional information. Title VI Program Page 16 Construction/Maintenance City of Roanoke adopts selection procedure reviewed to determine uniformity in their application to minority and nonminority contractors. Minority contractors and subcontractors are being informed about contracting opportunities with local agency. Contracts and Agreements The City of Roanoke reviews its federally assisted contracts for inclusion of applicable forms and provisions and is responsible for the selection. negotiation, and administration of its consultant contracts. The City complies with all relevant federal and state laws in contract selection. City personnel evaluate and monitor consultant contracts for compliance with nondiscrimination authorities. City personnel will adhere to its SOP regarding contracting for Construction. The Project Manager will advertise in the Roanoke Times and Roanoke Tribune. Invitation for ITB shall have the following language • in the solicitation - Notice of ITB / Invitation to Bid. "The City of Roanoke in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C.§§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award." The City's Project Manager will obtain a signed affidavit from the newspaper for proof of ad content. See Appendix C. Additionally. City personnel will: • Ensure inclusion of nondiscrimination language in contracts and Requests for Proposals. • Ensure that all consultants verify their compliance with nondiscrimination authorities. procedures. and requirements. • Work with the recipient or sub-recipient. if found to be not in compliance with nondiscrimination authorities. to resolve the deficiency status and write a remedial action if necessary. Title VI Program Page 17 • Review outreach activities to ensure small. disadvantaged. minority. women. and disabled veteran businesses are not excluded to participate in opportunities to compete for consulting contracts. Contracting for Construction The City of Roanoke is responsible for selection. negotiation. and administration of its consultant contracts. The City of Roanoke operates under its internal contract procedures and all relevant federal and state laws. Under the guidance of the Title VI Administrator. who is responsible for evaluating and monitoring consultant contracts for compliance with nondiscrimination authorities. City of Roanoke staff will: • Ensure inclusion of </ nondiscrimination language in , , contracts and Requests for Proposals : . (RFPs). Review consultants for - —k- '"',`` compliance as described below: Ensure that all consultants verify their compliance with - nondiscrimination authorities. - -" _ . procedures. and requirements. ;,- • If a recipient or sub-recipient is found ,, I to be not in compliance with f. . '; . :, 4--- nondiscrimination authorities. the Title VI Administrator and relevant staff will work with the recipient or sub-recipient to resolve the deficiency status and write a remedial action if necessary. • Review outreach activities to ensure small. disadvantaged. minority. women. and disabled veteran businesses are not excluded to participate in opportunities to compete for consulting contracts. Sub-recipients - Reviews and Monitoring Procedures City of Roanoke will conduct Title VI compliance annual reviews at the time an award is granted and monitoring of its sub-recipients of Federal-aid highway or other Federal funds. to ensure adherence to Title VI requirements. During the award process grantees will be required to successfully complete a Title VI Evaluation and if unsuccessful the grantee will be provided a timeline in which to become compliant with Title VI. Failure to do so with result in another grantee who is able to meet compliance being selected. City of Roanoke's staff will periodically review operational guidelines provided to consultants. contractors. and sub-recipients. including Title VI language. provisions. and related requirements. as applicable. City of Roanoke will also conduct periodic post grant reviews of select recipients of Federal highway funds or other Federal funds. for roads. sidewalks. bridges. municipal construction. etc. to ensure adherence to Title VI requirements. Title VI Program Page 18 City of Roanoke will provide technical assistance and guidance. upon request. to support voluntary compliance by the sub-recipient. When a sub-recipient fails or refuses to voluntarily comply with requirements. City of Roanoke will submit to VDOT's Civil Rights Administrator -Title VI Coordinator copies of the case file and a recommendation that the sub-recipient be found in noncompliance. A follow-up review will be conducted by the City Engineer's Office to ascertain if the sub- recipient has complied with the Title VI Program requirements in correcting deficiencies previously identified. If the sub-recipient refuses to comply. City of Roanoke and VDOT may. with FHWA's concurrence. initiate sanctions per 49 CFR 21 . As outlined in the City of Roanoke's Standard Operating Procedures for contracting for Architect & Engineering (A&E) services. the Project Manager will advertise in two local newspapers. the Roanoke Times and Roanoke Tribune (Minority-owned newspaper). Per policy. the invitation for RFP (Request for Proposal) shall have the following language in the solicitation and shall be captured in the Request for Proposal Introduction likewise. the A&E Contract shall also have the same language. The City will ensure that all solicitation and bids include this language. "The City of Roanoke in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C.§§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award." A signed affidavit from the newspaper will be retained for record purposes. (See Appendix A for internal Standard Operating Procedure for Contracting A&E services.) Education/Training In an effort to generate awareness and tit continuously improve the City of Roanoke's overall , r 0 0 0 compliance posture. nondiscrimination training ` :4111;1 1.... i:: i 1 ari at will be coordinated with FHWA. VDOT. DRPT. .., :: ..g. 7 Virginia Center for Inclusive Communities (VCIC), , , - ,. � � and other organizations as needed and made zr'� ' available to the City of Roanoke staff on an " , `: ongoing basis to ensure up-to-date knowledge of Title VI and other nondiscrimination statutes. Under the category of education and training. nondiscrimination responsibilities include: Title VI Program Page 1 9 • Distribution of information to the City of Roanoke staff on training programs regarding Title VI and related statutes. • Tracking staff participation in nondiscrimination training. • Maintain and update nondiscrimination training as necessary. • Maintain and update the City of Roanoke's Title VI Plan as necessary. Consultant Contracts Administration The City of Roanoke is also responsible for selection. negotiation, and administration of its consultant contracts. The City of Roanoke operates under its internal contract administration procedures for A&E and all relevant federal and state laws. City personnel will evaluate and monitor consultant contracts for compliance with nondiscrimination authorities. (See Appendix A and E US DOT 1050.2A) This information is also a requirement for sub-consultant contracts. The City's Project Manager will advertise in the Roanoke Times and Roanoke Tribune (Minority- .. - owned newspaper) and working with the City s Purchasing Division on advertisements. A signed affidavit from the newspaper will be retained for record purposes. Invitation for RFP shall have this in solicitation -- - ' - Request for Proposal Introduction (must be in newspaper ad as well). "The City of Roanoke in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C.§§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award." If the A&E consultant's proposal is greater than S200.000 then VDOT will perform a pre- audit award. B. Data Collection - Reporting - Analysis To ensure that Title VI reporting requirements are met. the City will maintain: • A database of Title VI complaints received. The investigation of and response to each complaint is tracked and documented. Title VI Program Page 20 • A log of the public, outreach and involvement activities undertaken to ensure that citizens across the spectrum of race. national origin. and socio- economic status have been provided with meaningful access to these activities. Demographic data will be collected at public outreach events and meetings. to the extent that citizens feel comfortable with providing demographic data. C. Title VI Training The City of Roanoke's Department of Human Resources also provides an introduction to Title VI to all newly hired employees. This introduction is included in the organizations Title VI monthly New Employee Orientation session. No person in the United States shall,on the ground of race. color,or national origin,be excluded from participation tn.be Additionally. all Title VI designees must dentad the benefits of,°tbewbjectedto discrimination andel complete training. The City's Department of arty°, ratn°`a" `y receiving`ed"a'h°an�al�sst`e Human Resources shall conduct training on Title VI will review issues and regulations for the agency's employees: and facilitate Title VI training for appropriate staff, contractors, and sub-recipients. The training objectives include: • Understand the provisions of Title VI of the Civil Rights Act of 1964. • Identify the minimum requirements to be in compliance. • Understand the City's Title VI plan. • Comprehend the Title VI Complaint Process • Understand Your Roles and Responsibilities as Recipients of DOT funds. The desired outcome for attendees is as follows: • Heightened understanding of Title VI • Understand the City's Title VI plan • Understand how to file a Title VI Complaint • Apply Title VI to Meet Program Requirements The training room set-up and format: • In-person. classroom style/instructor-led virtual. MS Teams/Zoom • Computer and projector (classroom)/computer/laptop (virtual) • PPT and activity materials • End of training survey • Class completion certificate D. Dissemination of Title VI Information Title VI Program Page 21 Community Outreach and Public Education The City of Roanoke will strive to inform. educate and generate awareness in the community via public notices of its policy to assure full compliance with Title VI of the Civil Rights Act of 1964 and all related statutes. Multiple efforts to disseminate information about the City's Title VI plan will be made. On the City home web site page. a link will be tit ;tA placed directing individuals to the City of Roanoke's Title VI • landing page. The intent of the City's Title VI webpage is as , follows: 1 ) Define Title VI of the Civil Rights Act of 1964 which prohibits discrimination on the basis of race. color. or national origin in programs and activities receiving Federal financial assistance. Specifically. Title VI provides that "no person in the United States shall. on the ground of race. color. or national origin, be excluded from participation in, be denied the benefits of. or be subjected to discrimination under any program or activity receiving Federal financial assistance" (42 U.S.C. Section 2000d). 2) Provide an electronic copy of the City of Roanoke's Title VI Implementation Plan and provide instructions on how to request a hard copy format. 3) Instructions on Title VI complaint procedure and form. 4) Title VI Notices 5) Post a comment section to allow residents and community members to provide feedback and/or ask questions regarding Title VI. Additional efforts to educate the Roanoke Citizens on Title VI and the City's Title VI Plan are as follows: • Make information available via City Council Meetings. Roanoke City Council meetings are held . in the City Council Chamber on ., the fourth floor of the Noel C. � • .,• • . x r,,� Taylor Municipal Building. located at 215 Church Avenue. • S.W.. Roanoke. Virginia 2401 1 - Meetings are held the first and third Monday of each month. '- On the first Monday of the month meetings are held at 9:00 am and 2:00 pm: and on the third Monday of the month meetings are held at 2:00 pm and 7:00 pm. Individuals who require language assistance for persons who do not speak. read. or write English well. the City will provide an interpreter at no cost. This is available for Title VI Program Page 22 all services and programs the City offers. For language assistance. individuals may call 540-329-3122. • Information will also be made available on RVTV-3. • Development of a brochure for placement throughout the City to include: City Libraries. Parks & Recreation facilities. Noel C. Taylor Municipal Building, Department of Social Services. and other public facilities owned and/or operated by the City. • Direct mailings to residents regarding Title VI. • Articles or press releases in appropriate publications. City of Roanoke is committed to document and analyze the impacts of transportation projects on minority and low-income populations as a normal part of analysis efforts. A key aspect of the analysis is to ensure the involvement of affected communities in the project development process. City of Roanoke has developed Guidelines to provide Environmental. Planning. Right of Way and any other applicable with a consistent framework for developing an effective public involvement strategy. They contain only principles and general procedures. which means that the specific approach must be tailored to the unique circumstances of each project and those communities affected by it. If the procedures do not seem appropriate for a particular project. then the team will develop a more suitable approach. III. DISCRIMINATION COMPLAINT PROCEDURES Complaint Procedures The City of Roanoke Title VI complaint process Complaints .' covers complaints filed by an individual or group of individuals under Title VI of the Civil 424 Rights Act of 1964. Title VI ensures that no - �e person—on the ground of race. color. or national origin—be excluded from. denied benefits of. or be subjected to discrimination under any service receiving federal financial assistance. Any person who believes they have been mistreated by an unlawful discriminatory practice under Title VI has a right to file a formal complaint with the City of Roanoke. The person or organization filing the complaint does not need to be the victim. but may complain on behalf of another person or group. The preferred method to file a complaint is in writing using the Title VI Complaint Form. which is included in the Appendix of this document. Complaints may be sent to the Department of Human Resources or City Attorneys Office. Complaints must be filed Title VI Program Page 23 within 180 days following the alleged discrimination occurrence. The City will follow the established complaint procedures for Title VI and will document actions taken to resolve each complaint in a timely manner. The form for filing complaints is made available online in English and Spanish. Additionally. hard-copies will be provided to the liaison for each department for further dissemination upon request. and will be translated into other languages upon request. Where can one file? Complaints related to the Federal-aid highway program may be filed with VDOT. FHWA Division Office. the FHWA Headquarters Office of Civil Rights (HCR). the USDOT Departmental Office of Civil Rights. or the USDOJ. When must one file? According to USDOT regulations. 49 CFR §21 .11 (b). a complaint must be filed not later than 180 days after the date of the last instance of alleged discrimination. unless the time for filing is extended by the processing agency. What should a complaint look like? Complaints should be in writing and signed and may be filed by mail, fax. in person, or e-mail. However. the complainant may call the receiving agency and provide the allegations by telephone, and the agency should transcribe the allegations of the complaint as provided over the telephone and send a written complaint to the complainant for correction and signature. A complaint should contain the following information: • A written explanation of the alleged discriminatory actions: • The complainant's contact information. including. if available: full name. postal address. phone number, and email address: • The basis of the complaint (e.g.. race. color. national origin): • The names of specific persons and respondents (e.g.. agencies/organizations) alleged to have discriminated: • Sufficient information to understand the facts that led the complainant to believe that discrimination occurred in a program or activity that receives Federal financial assistance: and • The date(s) of the alleged discriminatory act(s) and whether the alleged discrimination is on-going. Further information • To review written Title VI complaints that may be received by the City of Roanoke, Virginia following the adopted procedural guidelines email hr a roanokeva.gov. How are complaints routed? Title VI Program Page 24 FHWA Division Offices do not investigate Title VI complaints. Likewise. State DOTs and its Subrecipients do not investigate complaints filed against themselves. Finally. FHWA is responsible for all decisions regarding whether a complaint should be accepted. dismissed. or referred to another agency. With this understanding. complaints should be routed in the following ways: • All complaints will be routed to the FHWA Headquarters Office of Civil Rights (HCR) for processing. HCR is responsible for all determinations regarding whether to accept. dismiss. or transfer Title VI complaints filed against City of Roanoke (a Subrecipient of Federal financial assistance). • Complaints should be forwarded from the initial receiving agency through the Federal-aid highway oversight hierarchy until the complaint reaches HCR. For example, if a complaint is filed with City of Roanoke . City of Roanoke will forward the complaint to VDOT. which will forward the complaint to the VDOT's FHWA Division Office. which will forward the complaint to HCR. If a complaint is filed with VDOT. VDOT will forward the complaint to the VDOT's FHWA Division Office. which should forward the complaint to HCR. • VDOT and City of Roanoke will log all complaints received. • When HCR decides on whether to accept. dismiss. or transfer the complaint. HCR will notify the Complainant. the FHWA Division Office. VDOT, and City of Roanoke Complaints may also be sent to HCR directly at: Postal Mail Federal Highway Administration U.S. Department of Transportation Office of Civil Rights 1200 New jersey Avenue. SE 8th Floor E81 -105 Washington. DC 20590 Email CivilRights.FHWA a'dot.gov FHWA_TitleVlcomplaints @dot_gov Fax 202-366-1599 Questions? 202-366-0693 What are the potential outcomes for processing a complaint? There are four potential outcomes for processing complaints: 1 . Accept: if a complaint is timely filed. contains sufficient information to support a claim under Title VI. and concerns matters under FHWA's jurisdiction. then HCR will send to the complainant. the respondent agency. and the FHWA Division Office a written notice that it has accepted the complaint for investigation. Title VI Program Page 25 2. Preliminary review: if it is unclear whether the complaint allegations are sufficient to support a claim under Title VI. then HCR may (1) dismiss it or (2) engage in a preliminary review to acquire additional information from the complainant and/or respondent before deciding whether to accept. dismiss. or refer the complaint. 3. Procedural Dismissal: if a complaint is not timely filed, is not in writing and signed. or features other procedural/practical defects. then HCR will send the complainant, respondent. and FHWA Division Office a written notice that it is dismissing the complaint. 4. Referral\Dismissal: if the complaint is procedurally sufficient but FHWA (1 ) lacks jurisdiction over the subject matter or (2) lacks jurisdiction over the respondent entity. then HCR will either dismiss the complaint or refer it to another agency that does have jurisdiction. If HCR dismisses the complaint. it will send the complainant. respondent. and FHWA Division Office a copy of the written dismissal notice. For referrals. FHWA will send a written referral notice with a copy of the complaint to the proper Federal agency and a copy to the USDOT Departmental Office of Civil Rights. The HCR is responsible for conducting all investigations of State DOTs and other primary Recipients. In the case of a complaint filed against a Subrecipient. HCR may either conduct the investigation itself. or it may delegate the investigation to VDOT. If HCR chooses to delegate the investigation of a Subrecipient. HCR will communicate its acceptance of the complaint to the complainant and respondent. but VDOT will conduct all data requests. interviews. and analysis. VDOT will then create a Report of Investigation (ROI). which it will send to HCR. Finally. HCR will review the ROI and compose a Letter of Finding based on the ROI What are the timeframes for investigation? For FHWA, there is no regulatory timeframe for completing investigations. However, FHWA strives to complete all tasks within 180 days from the date of acceptance. If VDOT is delegated an investigation from FHWA. VDOT must complete the investigation within 60 days of receipt (meaning the date it receives the delegated complaint from FHWA) as stipulated in 23 CFR §200.9(b)(3) How does the Investigating Agency gather information? There are no regulatory requirements for how information is gathered. but VDOT and City of Roanoke. Virginia are required to keep detailed records on how they comply with Title VI and to provide USDOT with access to documents and persons with relevant information. 49 CFR §21 .9. Typically. the respondent will receive at least one Request for Information and Position Statement (RFI) to gather documents. and additional requests if necessary. Concurrently. the HCR or VDOT investigator will schedule interviews with relevant parties and conduct site visits as necessary. Once FHWA starts an investigation. what are the potential outcomes? Title VI Program Page 26 First. at any time during the investigation. either FHWA or the U.S. Department of Transportation respondent may initiate informal Federal Highway negotiations to resolve the issues. The FHWA always strives to resolve Administration Title VI complaints informally. if 4111 possible. In the absence of such negotiations. HCR (or an investigator for VDOT) will draft a Report of Investigation. which should contain all relevant data and findings. with legal conclusions and potentially include recommendations for action. FHWA is responsible for the final disposition of all complaints. including initiation and conduct of informal negotiations and the issuance of Letters of Finding (LOFs). There are five potential outcomes for concluding an investigation: • The FHWA makes a finding of no violation and the case will be closed with no further action. The FHWA will issue an LOF stating in sufficient detail the reasons for the determination of no violation. • If. by a preponderance of the evidence, FHWA determines the respondent has failed to comply with its Title VI requirements or threatens to fail to comply by action or inaction. then FHWA will inform the respondent and the matter will be resolved by informal means whenever possible. • If FHWA informally resolves the matter with the respondent by agreement. then FHWA will hold the complaint in abeyance until the respondent completes its corrective actions. If the corrective actions are completed to the FHWA's satisfaction. then the complaint will be dismissed with no further action. • If FHWA cannot informally resolve the matter or the respondent does not complete agreed upon corrective actions. then FHWA may issue a LOF stating that the Recipient is in noncompliance with its Title VI obligations. • If FHWA issues a LOF of noncompliance to the respondent. the LOF will request that the respondent provide to FHWA. within 90 days. an action plan that implements the recommendations in the LOF. • If FHWA approves the action plan. then the respondent will be given a reasonable amount of time to implement the plan. At the end of the implementation period. FHWA will assess whether the respondent has sufficiently corrected the deficiencies. • If FHWA does not approve the action plan, or the respondent is nonresponsive/uncooperative, then FHWA may seek administrative sanctions, including. but not limited to. suspension or termination of Federal funds or any other means authorized by law such as referral to USDO) for enforcement. Title VI Program Page 27 • If USDOT seeks to suspend or terminate funds. it must provide the respondent with an opportunity for a hearing on the record. If the Secretary of Transportation determines that the respondent has not complied with Title VI and voluntary compliance cannot be secured. USDOT must notify Congress before that finding goes into effect. 49 CFR Iv. COMPLIANCE AND ENFORCEMENT PROCEDURES Remedial Action The goal for Title VI and regulatory enforcement is to achieve voluntary compliance. If deficiencies are found during a Title VI review. the Compliance Review Report will include a draft corrective action plan (CAP) with projected due dates. The program area staff/Title VI Liaison or the Subrecipient will be able to propose remedial actions to correct the deficiencies. Program areas and Subrecipients are expected to correct all deficiencies according to their CAP and provide periodic updates to the Title VI Officer/ Coordinator/ Specialist assigned to the review. The Title VI Officer/Coordinator/Specialist will provide technical assistance. as needed. and work with the (program area's) Title VI Liaison or Subrecipient's Title VI Coordinator to ensure implementation of the CAP. When the Title VI Officer/Coordinator/Specialist has determined that a sub- recipient's deficiencies are sufficiently corrected. the program area Title VI Liaison or the Subrecipient will be notified that the review process is complete and no further progress reporting is needed. The Subrecipient will receive an official Closeout Letter signed by the Agency's Title VI Coordinator. Affecting Compliance When an internal program area refuses to cooperate or comply with Title VI. the Title VI Specialist will elevate the matter to the Title VI Coordinator, after which. the matter may be referred to the State DOT Civil Rights Manager or responsible USDOT Operating Administration (OA). When a Subrecipient fails to take appropriate corrective action in response to the findings of deficiencies in the compliance report. the Subrecipient moves from a -deficiency status" to noncompliance: City of Roanoke will submit two copies of the case file to the State DOT or FHWA with a recommendation that the sub- recipient be found in noncompliance: and/or, may. with the concurrence of the State DOT or FHWA (or other USDOT OA). initiate proceedings to impose sanctions for noncompliance. Sanctions In the event that a Subrecipient or contractor ("recipient') fails or refuses to comply with Title VI. the first step taken by the internal program area with oversight of the recipient will be City of Roanoke attempts the resolve the issue using the program area's normal administrative solutions. However. City of Roanoke may take any or all of the following steps. with the concurrence of VDOT or USDOT (i.e.. FHWA), if the recipient is uncooperative or nonresponsive during attempts by City of Roanoke to voluntarily resolve the compliance issue: Title VI Program Page 28 a. Cancel. terminate. or suspend the contract or agreement in whole or in part: b. Refrain from extending any further assistance to the recipient under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from the recipient: c. Take such other action that may be deemed appropriate under the circumstances. until compliance or remedial action has been accomplished by the recipient: and/or. d. Refer the case to the appropriate federal agency for appropriate administrative or legal proceedings. Other means authorized by law. V. REVIEW OF CITY OF ROANOKE DIRECTIVES The Title VI Staff employs the following process (or several processes) to review the Agency directives. policies and practices: • The Title VI Staff works collaboratively with a Title VI Advisory Committee - a group consisting of department directors or their appointees. who help to make and implement policies. The committee will work to ensure the Agency directives are in keeping with Title VI of the Civil Rights Act of 1964 and other federal nondiscrimination mandates: • The Title VI Staff is included in the review process when Agency directives are drafted and polices implemented. This process affords the Title VI Staff an opportunity to review for any possible Title VI issues. • The Title VI Staff reviews all environmental documents. public meeting and hearing i transcripts to ensure staff is aware of any potential Title VI issues. • The Director of Human Resources serves on decision-making committees as the Title VI Coordinator to ensure the Agency directives are in accordance with the federal and state nondiscrimination laws. rules. and regulations: and. • The Title VI Staff works cooperatively with FHWA Division Civil Rights staff to implement federal nondiscrimination directives. Title VI Program Page 29 VI. AUTHORITIES This section is a reference source of the applicable authorities related to Title VI of the Civil Rights Act of 1964 as amended. Title VI of the 1964 Civil Rights Act (42 USC 2000d et seq) requires that "No person in the United States shall. on the ground of race. color. or national origin. be excluded from participation in. be denied the benefits of. or be subjected to discrimination under any program or activity receiving federal financial assistance. The Civil Rights Restoration Act of 1987. P.L. 100-209 further clarified the intent of Title VI to include all programs and activities of entities whether those programs and activities are federally funded or not. 49 CFR Part 21. the U.S. Department of Transportation's Implementing Regulations of Title VI of the Civil Rights Act of 1964. 23 Code of Federal Regulations (CFR) Part 200. the Federal Highway Administration's Title VI Program Implementation and Review Procedures. USDOT Order 1050.2A Section 162(a) of the Federal-Aid Highway Act of 1973 (Section 324. Title 23 U.S.C.) prohibits discrimination based on sex (gender). Executive Order 12898 (issued February 11 . 1994) addresses disproportionate adverse environmental. social. and economic impacts that may exist in communities. specifically minority and low-income populations. Executive Order 13166 (issued August 16. 2000) addresses access to services for persons whose primary language is not English and who have limited ability to read. write. speak or understand English. VII. TITLE VI ASSURANCES Title VI Program Page 30 City of Roanoke, Virginia TITLE VI 1 NONDISCRIMINATION ASSURANCE (DOT Order No.1050.2A1 The City of Roanoke, Virginia, (herein referred to as the "Recipient"), HEREBY AGREES THAT, as a condition to receiving any Federal financial assistance from the U.S. Department of Transportation(DOT), through the Federal HiglnvayAdininistration, is subject to and will comply with the following: Statutory/Regulatory Authorities • 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); • 49 C.F.R. Part 21 (entitled Nondiscrimination In Federally-Assisted Programs Of The Department Of Transportation—Effectuation Of Title VI Of The Civil Rights Act Of 1964); • 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964); The preceding statutory and regulatory cites hereinafter are referred to as the "Acts" and "Regulations," respectively. General Assurance In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, andior guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that: "No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of or be otherwise subjected to discrimination under any program or activity,"for which the Recipient receives Federal financial assistance from DOT, including the Federal Highway Administration. The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI and other Nondiscrimination requirements (The Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad. institutional-wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient,so long as any portion of the program is Federally assisted. Specific Assurances More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its federally assisted Highway Program: 1. The Recipient agrees that each "activity,""facility,"or "program."as defied in §§ 21.23 (b) and 21.23 (e) of 49 C.F.R. § 21 will be (with regard to an "activity") facilitated, or will be (with regard to a "facility") operated, or will be (with regard to a "program") conducted in compliance with all requirements imposed by. or pursuant to the Acts and the Regulations. 2. The Recipient will insert the following notification in all solicitations for bids. Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Federal-Aid Highway Program and. in adapted form. in all proposals for negotiated agreements regardless of funding source: "The City of Roanoke, Virginia in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. ',e 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to tlri.s advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. " 3. The Recipient will insert the clauses of Appendix A and E of this Assurance in every contract or agreement subject to the Acts and the Regulations. 4. The Recipient will insert the clauses of Appendix B of this Assurance, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient. 5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith. 6. That where the Recipient receives Federal financial assistance in the form, or for the acquisition of real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property. 7. That the Recipient will include the clauses set forth in Appendix C and Appendix D of this Assurance, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties: a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program. 8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods: a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or b. the period during which the Recipient retains ownership or possession of the property. a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or Click here to enter name of Local Public Agency TITLE VI /NONDISCRIMINATION ASSURANCE (DOT Order No.1050.2A1 The City of Roanoke, Virginia, (herein referred to as the "Recipient"), HEREBY AGREES THAT, as a condition to receiving any Federal financial assistance from the U.S. Department of Transportation(DOT), through the Federal Highway Administration. is subject to and will comply with the following: Statutorv/Regulatory Authorities • 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); • 49 C.F.R. Part 21 (entitled Nondiscrimination In Federally Assisted Programs Of The Department Of Tr ansportation —Effectuation Of Title VI Of The Civil Rights Act Of 1964); • 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964); The preceding statutory and regulatory cites hereinafter are referred to as the "Acts" and "Regulations," respectively. General Assurance In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that: "No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of or be otherwise subjected to discrimination under any program or activity,"for which the Recipient receives Federal financial assistance from DOT, including the Federal Highway Administration. The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI and other Nondiscrimination requirements (The Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient,so long as any portion of the program is Federally assisted. Specific Assurances More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its federally assisted Highway Program: 1. The Recipient agrees that each "activity,""facility,"or "program," as defined in §§ 21.23 (b) and 21.23 (e) of 49 C.F.R. § 21 will be (with regard to an "activity") facilitated, or will be (with regard to a "facility") operated, or will be (with regard to a "program") conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations. 2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Federal-Aid Highway Program and, in adapted form, in all proposals for negotiated agreements regardless of funding source: "The City of Roanoke, Virginia in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C.§§2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded fill and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award." 3. The Recipient will insert the clauses of Appendix A and E of this Assurance in every contract or agreement subject to the Acts and the Regulations. 4. The Recipient will insert the clauses of Appendix B of this Assurance, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient. 5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith. 6. That where the Recipient receives Federal financial assistance in the form, or for the acquisition of real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property. 7. That the Recipient will include the clauses set forth in Appendix C and Appendix D of this Assurance, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties: a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program. 8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods: a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or b. the period during which the Recipient retains ownership or possession of the property. 9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub-grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance. 10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance. By signing this ASSURANCE,the City of Roanoke, Virginia also agrees to comply (and require any sub-recipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing the VDOT/FHWA access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by VDOT FHWA. You must keep records, reports, and submit the material for review upon request to VDOT FHWA, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. The City of Roanoke, Virginia gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Federal-Aid Highway Program. This ASSURANCE is binding on the Commonwealth of Virginia, other recipients, sub-recipients, sub-grantees, contractors, subcontractors and their subcontractors,transferees, successors in interest, and any other participants in the Federal- Aid Highway Program. City of Roanoke, Virginia J'r41.#191‘- (Si azure of Au orized Official) ATED 9 0e1 "17-- APPENDIX A During the performance of this contract. the contractor. for itself. its assignees. and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1 . Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Acts and the Regulations relative to Nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation. the Federal Highway Administration. as they may be amended from time to time. which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination: The contractor. with regard to the work performed by it during the contract. will not discriminate on the grounds of race. color, or national origin in the selection and retention of subcontractors. including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations. including employment practices when the contract covers any activity, project. or program set forth in Appendix B of 49 CFR Part 21 . 3. Solicitations for Subcontracts. Including Procurements of Materials and Equipment: In all solicitations. either by competitive bidding. or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials. or leases of equipment. each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to Nondiscrimination on the grounds of race. color, or national origin. 4. Information and Reports: The contractor will provide all information and reports required by the Acts. the Regulations. and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information. and its facilities as may be determined by the Recipient or the Federal Highway Administration to be pertinent to ascertain compliance with such Acts. Regulations. and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the Recipient or the Federal Highway Administration, as appropriate. and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non- discrimination provisions of this contract, the Recipient will impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate. including. but not limited to: a. withholding payments to the contractor under the contract until the contractor complies: and/or b. cancelling. terminating. or suspending a contract. in whole or in part. 6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in every subcontract. including procurements of materials and leases of equipment. unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the Recipient or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided. that if the contractor becomes involved in. or is threatened with litigation by a subcontractor. or supplier because of such direction. the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition. the contractor may request the United States to enter into the litigation to protect the interests of the United States. Appendix A APPENDIX B CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY The following clauses will be included in deeds effecting or recording the transfer of real property. structures. or improvements thereon. or granting interest therein from the United States pursuant to the provisions of Assurance 4: NOW. THEREFORE. the U.S. Department of Transportation as authorized by law and upon the condition that the City of Roanoke will accept title to the lands and maintain the project constructed thereon in accordance with the Virginia General Assembly, the Regulations for the Administration of the Federal-Aid Highway Program and the policies and procedures prescribed by the Federal Highway Administration of the U.S. Department of Transportation in accordance and in compliance with all requirements imposed by Title 49. Code of Federal Regulations. U.S. Department of Transportation. Subtitle A. Office of the Secretary. Part 21 . Nondiscrimination in Federally-assisted programs of the U.S Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252: 42 U.S.C. § 2000d to 2000d-4). does hereby remise. release. quitclaim and convey unto the City of Roanoke all the right. title and interest of the U.S. Department of Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof. (HABENDUM CLAUSE) TO HAVE AND TO HOLD said lands and interests therein unto the City of Roanoke and its successors forever, subject. however. to the covenants. conditions. restrictions and reservations herein contained as follows. which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on the City of Roanoke. Virginia, its successors and assigns. The City of Roanoke in consideration of the conveyance of said lands and interests in lands. does hereby covenant and agree as a covenant running with the land for itself. its successors and assigns. that (1) no person will on the grounds of race. color. or national origin. be excluded from participation in. be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on. over. or under such lands hereby conveyed [,] [and]" (2) that the City of Roanoke, Virginia will use the lands and interests in lands and interests in lands so conveyed. in compliance with all requirements imposed by or pursuant to Title 49. Code of Federal Regulations. U.S. Department of Transportation. Subtitle A. Office of the Secretary. Part 21 , Nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation. Effectuation of Title VI of the Civil Rights Act of 1964. and as said Regulations and Acts may be amended[. and (3) that in the event of breach of any of the above-mentioned non- discrimination conditions. the Department will have a right to enter or re-enter said lands and facilities on said land. and that above described land and facilities will thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this instruction]." (*Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to make clear the purpose of Title VI.) Appendix B APPENDIX C CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE ACTIVITY. FACILITY. OR PROGRAM The following clauses will be included in deeds. licenses. leases, permits. or similar instruments entered into by the City of Roanoke pursuant to the provisions of Assurance 7(a): A. The (grantee. lessee. permittee. etc. as appropriate) for himself/herself. his/her heirs. personal representatives. successors in interest. and assigns. as a part of the consideration hereof. does hereby covenant and agree [in the case of deeds and leases add "as a covenant running with the land"] that: 1 . In the event facilities are constructed. maintained. or otherwise operated on the property described in this (deed. license. lease. permit, etc.) for a purpose for which a U.S. Department of Transportation activity. facility, or program is extended or for another purpose involving the provision of similar services or benefits. the (grantee. licensee. lessee. permittee. etc.) will maintain and operate such facilities and services in compliance with all requirements imposed by the Acts and Regulations (as may be amended) such that no person on the grounds of race. color, or national origin. will be excluded from participation in, denied the benefits of. or be otherwise subjected to discrimination in the use of said facilities. B. With respect to licenses. leases. permits. etc., in the event of breach of any of the above Nondiscrimination covenants. the City of Roanoke will have the right to terminate the (lease. license. permit. etc.) and to enter. re-enter. and repossess said lands and facilities thereon, and hold the same as if the (lease. license. permit, etc.) had never been made or issued." C. With respect to a deed. in the event of breach of any of the above Nondiscrimination covenants. the City of Roanoke will have the right to enter or re-enter the lands and facilities thereon. and the above described lands and facilities will there upon revert to and vest in and become the absolute property of the City of Roanoke and its assigns.` (`Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.) Appendix C APPENDIX D CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER THE ACTIVITY. FACILITY OR PROGRAM The following clauses will be included in deeds. licenses. permits. or similar instruments/agreements entered into by the City of Roanoke pursuant to the provisions of Assurance 7(b): A. The (grantee. licensee. permittee. etc.. as appropriate) for himself/herself. his/her heirs. personal representatives, successors in interest, and assigns. as a part of the consideration hereof. does hereby covenant and agree (in the case of deeds and leases add, "as a covenant running with the land") that (1) no person on the ground of race, color, or national origin. will be excluded from participation in, denied the benefits of. or be otherwise subjected to discrimination in the use of said facilities. (2) that in the construction of any improvements on. over, or under such land, and the furnishing of services thereon. no person on the ground of race. color, or national origin, will be excluded from participation in, denied the benefits of. or otherwise be subjected to discrimination, (3) that the (grantee. licensee, lessee. permittee. etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the Acts and Regulations. as amended. set forth in this Assurance. B. With respect to (licenses. leases. permits. etc.), in the event of breach of any of the above Nondiscrimination covenants. the City of Roanoke will have the right to terminate the (license. permit. etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if said (license. permit, etc.. as appropriate) had never been made or issued." C. With respect to deeds, in the event of breach of any of the above Non-discrimination covenants. the City of Roanoke will there upon revert to and vest in and become the absolute property of the City of Roanoke and its assigns.` (*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.) Appendix D APPENDIX E During the performance of this contract. the contractor. for itself. its assignees. and successors in interest (hereinafter referred to as the "contractor") agrees to comply with the following nondiscrimination statutes and authorities; including but not limited to: Pertinent Nondiscrimination Authorities: • 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 . 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): • Federal-Aid Highway Act of 1973. (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex): • 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: • The Age Discrimination Act of 1975. as amended. (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age): • Airport and Airway Improvement Act of 1982, (49 USC § 471 . Section 47123). as amended. (prohibits discrimination based on race. creed, color, national origin, or sex): • The Civil Rights Restoration Act of 1987. (PL 100-209). (Broadened the 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. sub-recipients and contractors, whether such programs or activities are Federally funded or not): • Titles II and III of the Americans with Disabilities Act. which prohibit discrimination on the basis of disability in the operation of public entities. public and private transportation systems. places of public accommodation. and certain testing entities (42 U.S.C. §§ 1 21 31 -1 21 89) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38: • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race. color. national origin. and sex): • Executive Order 1 2898. Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations. which ensures 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: • Executive Order 13166. Improving Access to Services for Persons with Limited English Proficiency. And resulting agency guidance. national origin discrimination includes discrimination because of Limited English Proficiency (LEP). To ensure compliance with Title VI. you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100): • Title IX of the Education Amendments of 1972. as amended. which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). Appendix E APPENDIX A.1 COMMUNITY STAKEHOLDER ENGAGEMENT STANDARD OPERATING PROCEDURES This process does not apply to federally funded Transportation Alternative (TA) projects. The projects cannot have any ROW acquisition or environmental permits. If they do have these items then you have to go through this Title VI process. Willingness to Hold Public Hearing • VDOT LAP Manual 1 2.4.4 - If a project is noncontroversial. does not have potential to substantially impact adjoining property, and is unlikely to generate requests for a hearing. a willingness to hold a public hearing may be used rather than scheduling a public hearing. See VDOT Public Involvement Manual for Public Participation in Transportation Projects. • Willingness to Hold a Public Hearing Advertisement in newspaper contains description of proposal. locations with map availability. statement of willingness to hold a public hearing, procedure for submitting written request to hold a public hearing, non-discrimination notification. & project identification number. First notice (advertisement) is 15 days prior to expiration date to receive comments. Second notice (advertisement) is 7 days prior to expiration date to receive comments. If limited interest. then project manager to meet individually with interested parties else an open forum public hearing process is warranted. Open Forum Public Hearing - In Person Meeting Times • Preferable to use 6:00 PM or 7:00 PM. Give time for citizens to get off work and make the trip to the Meeting location. • No morning meetings. • No afternoon meetings. • Virtual meetings are not encouraged at this time. Meeting Date: • Do not use dates during Summer vacation (June 1'' to August 1 5'`). Meeting Location: • Needs to be no more than 0.25 mile away from a Valley Metro bus stop. The bus stop needs to be identified in your meeting notes. • Recommended using Berglund Hall for meetings. Thus must be coordinated with Berglund Staff. Pick dates to avoid shows at the Coliseum or BPAT. There is typically a fee for renting the Hall. This shall be considered a project cost and billed back to the project. The Berglund Center is centrally located in the City that is approximately 7 miles x 7 miles (49 square miles). The Berglund Center has easily access to Valley Metro in addition to plenty of parking. Other options: ■ Pick a nearby library. Need to make sure that there is enough room. Typical room for 50 people will suffice. ■ If a library is not available considering using a nearby hotel conference room. ■ Consider a park shelter. Note the problem with shelters is the chance of poor weather. Consider this as a ►ast option and have a backup date in case of poor weather. • City project manager needs to tour the site to identify any ADA issues prior to confirming the meeting. Appendix A.1 Meeting Notice: • See template. Need to mail out to residents/companies within the zip code of the project area. If the project is near multiple zip codes then consider mailing to each zip code. The City's GIS website has a zip code layer under the community layers. As of this writing there are 9 zip codes in the City (2401 1 , 24012. 24013. 24014. 2401 5, 24016. 24017. 24018. 24019). Some zip codes are shared with the county. If possible. instruct the automated mailing company to just include City addresses only. Use automated mailing companies. Do not try to handle these mailings in-house with City staff. The cost of the automated mailings will be considered a project cost and billed directly to the project. Do not bill to the Engineering Department's annual advertising budget. = Automated mailing companies can focus on a zip code but typically cannot focus on a point with a radius / diameter. Do not attempt to develop a list based on the radius/diameter from the project site. = Include any VDOT LAP personnel and yourself. for verification. in the mailing list. = The automated mailing company will need to send you an Excel list of the mailings for your documentation. • When mailing out template give the residents enough time to get it and notify the City if there are special mobility needs or language requirements needed at the meeting. This is a critical piece of the Title VI process. Use language services contractor Volatia to help with Limited English Proficiency (LEP) speaking residents. • Need to use on-line announcement on City's webpage. See Community Engagement. • Need to post exhibits on-line prior to sending out meeting notice. See Community Engagement. • Need to have project survey on-line and ready for the public. Preferable sites include SurveyMonkey. Limited English Proficiency (LEP). Deaf. and Hard of Hearing • The City has a Language Access Plan which can access from the City's main webpage. In addition. the City utilizes a contracting service, Volatia. to bring the language barriers. Unless the City project manager gets feedback from the community. during the Meeting Notice phase for additional languages. the City project manager will only provide materials in English. Conducting the Meeting: • Need a sign-in table with sign-in sheet. demographic survey. and project survey. Sign-in and demographic survey are voluntary. • Need City staff. other then project manager and presenters. to be present at the table. The project manager and/or presenters do not have enough time to present and work the sign-in table. Documentation of the Meeting: • After the meeting. the project manager needs to assemble a package for distribution to the VDOT LAP coordinator and City Human Resources. See documentation template. 1 . Title of Project 2. State and Federal Project Number 3. Date & Time 4. Location 5. City & VDOT Personnel Present at the Meeting 6. Sample Notification Letter 7. Excel file of the Residents and/or commercial businesses notified through the automated mailing system. Appendix A.1 Continued 8. List of residents (and their information) that contacted the City about mobility needs or language needs prior to the meeting. 9. Screen shot of the City's Website announcing the meeting. 10. Scanned Sign-In Sheets. 1 1 . Scanned Paper Project Surveys. 1 2. Scanned Demographic Surveys. 1 3.Online Results of the Project Survey. 14. Photos of the meeting (10 photos preferred). Appendix A.1 Continued APPENDIX B.1 CONTRACTING FOR A&E SERVICES STANDARD OPERATING PROCEDURES Project Manager to advertise in the Roanoke Times and Roanoke Tribune (Minority Owned Paper). Newspaper advertisement is a requirement by VDOT. Note that the City Procurement Department no longer advertises in the paper. Invitation for RFP shall have this in solicitation - Request for Proposal Introduction (must be in newspaper ad as well). The A/E Contract shall also have the same language. "The City of Roanoke in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C.§§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award." Remember to get a signed affidavit from the newspaper which shows the contents of the ad. VDOT will ask you for it at some point. Brooks Act requires that A&E Services awards are based on qualifications and experience, not price. Project Manual needs the following documents in an Appendix: Appendix Description Appendix A- USDOT 1050.2A Appendix E- USDOT 1050.2A B VA Executive Order- Number Sixty One(201 7)Executive Action to Ensure Equal Opportunity and Access for All Virginians in State Contracting and Public Services VDOT Special Provision for Section 105.06-Subtracting (Federally Funded Projects) C City of Roanoke Title VI Evaluation Form Both USDOT 1 050.2A - Appendix A and USDOT 1050.2A Appendix E must be referenced in the AJE Contract and attached to in their entirety to the Contract. Appendix B.1 APPENDIX C.1 W1114I City of Roanoke Consultant Title VI Evaluation Form ROANOKE Introduction The City of Roanoke ("City") is a recipient of federal financial assistance. As a recipient. the City is required to comply with Title VI of the Civil Rights Act of 1964. as amended and other nondiscrimination laws and authorities. Title VI of the Civil Rights Act of 1964. and other directives prohibit agencies and sub-recipients receiving federal assistance from discriminating against anyone or any group in the United States on the grounds of race. color. national origin. sex. age, disability. or low-income. The United States Department of Transportation (USDOT) and Federal Highway Administration (FHWA) Regulations (49) Code of Federal Regulations (CFR). Part 21 . and 23 CFR. Part 200 respectively, and other applicable orders and authorities provide guidelines, actions, and responsibilities for VDOT's implementation of the Title VI Program. These laws and regulations include but are not limited to the following: • The 1970 Uniform Act (42 USC 4601) - prohibits unfair treatment of displaces • Section 504 of the 1973 Rehabilitation Act (29 USC 790) - prohibits discrimination based on disability • The Federal-Aid Highway Act 1973 (23 USC 324) - prohibits discrimination based on gender • The 1975 Age Discrimination Act (42 USC 6101) - prohibits age discrimination (any age) • The Civil Rights Restoration Act of 1987 - clarified the original intent of nondiscrimination organization-wide • Executive Order 12898 on Environmental Justice (EJ) addresses disproportionately high and adverse human health and environmental effects on minority and low-income populations • Executive Order 13166 on Limited English Proficiency (LEP) - ensures people who are limited English proficient (LEP) have meaningful access to services In brief. these laws and regulations prohibit discrimination in federally assisted programs and activities. Title VI of the 1964 Civil Rights Act states that: "No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance." By contracting with the City. a contractor is obligated to comply with the laws and regulations listed above and within the Memorandum of Agreement (MOA) executed between the City and the contractor. The City's Human Resources with the assistance from each applicable Engineering Division Program Manager. monitors an organization's compliance with the non-discrimination provisions. To monitor compliance. each contractor and all sub-contractors are required to submit a Title VI Evaluation Form. This requirement is applicable for all contractors. The Title VI Evaluation Form provides documentation that a contractor has procedures in place to prevent discrimination in programs and services based on Title VI. The City will request a Title VI Evaluation Form within ten (10) days of notification of selection for new contractors or contractors that do not have a current assessment on file with the City of Roanoke. The Appendix C.l Assessment Form should be submitted to the Program Manager in the Engineering Division that is negotiating the contract. Once the Title VI Evaluation Form is provided to the City of Roanoke. the Title VI Coordinator in the City's Human Resources reviews the information and issues a pre-award letter within fifteen (15) days of receiving documentation or may schedule an on-site review within the same time frame to confirm information provided in the Assessment Form. The Title VI Coordinator may request additional information and/or recommend corrective actions. The Title VI Coordinator may randomly schedule on site compliance reviews at the contractors office. If the report is approved. a letter is sent out with an expiration date for one year from the date of the approval letter. Typically the letter remains current and on file with the City for a period of one year. An updated report is required annually for contractors who continue to perform under a contract with the City. It should be noted that if the City conducts an on-site compliance review the contractor can still be found to be out of compliance during the one year period. Failure to comply with the nondiscrimination provisions may result in cessation of negotiations. withholding of payments. cancellation. termination. or suspension of the contract in whole or in part. Should you have any questions about City's Title VI Program or the Evaluation Form. contact the Acting Director of Human Resources at 540-853-2231 or at hr roanokeva.gov. Appendix C.1 Continued CITY OF ROANOKE TITLE VI EVALUATION FORM This Title VI Evaluation Form is used as a Pre-award Review and Post-award Review. The City is required to conduct routine assessments prior to releasing funds to ensure Title VI compliance. A pre-award review assists the City in determining whether applicants operate in a nondiscriminatory manner. Pre-award reviews can also be used to require applicants to take preventive measures to ensure that discrimination will not occur in their services as a condition of receiving contracts. Pre-award reviews represent a frontline approach to eliminating and preventing discrimination before it occurs Post-Award Reviews are generally conducted after a contractor begins the scope of work. However to minimize the burden on City contractors. the City has developed a form that serves as both a pre-award and post-award compliance tool. The City must also conduct on-site reviews of prime contractors periodically to ensure that the contractor remains in compliance with Title VI and to verify that the contractor has preventive measures to ensure nondiscrimination by their sub-contractors. Name of Preparer: Preparer's Title: Click here to enter text. Click here to enter text. Phone#: Email Address: Click here to enter text. Click here to enter text. Name of Organization: Address of Organization: Click here to enter text. Click here to enter text. Address of Virginia location where project will be done: Click here to enter text. Type of Contractor'Organization: t.._ Private Organization " Supplier Governmental Agency r" Other Workforce for Virginia Location(s) Total _ ^ % I..linority %Female Click here to enter text Click here to enter text. Click here to enter text. Business Ownership Control Female emale r DBE Certified r S\VaM Certified Does your organization currently have contracts or subcontracts with the City of Roanoke? [ Yes r_ No What is your organization's most recent date of Title VI approval? Click here to enter text. Status of Project(s): Value of current C'ontract(s): Click here to enter text. (-lick here to enter text. What does your organization have in place to ensure nondiscrimination in your City scope of work and your programs and services? ( here to enter text. Appendix C.1 Continued I occ00, U O C d aJ CA 0 CA 0 N y V ,... _, -0 X 'O U r a CC ti u . dz Z u - r~ Cr... Z `'" LA d LA r4 v c" ^ . 4 r/� ti y � ...a !J v .� "" 7. ZOa :: g o 0 o .. 0 _ :, ° .y ti fit o N 0 as d d O y ay-. 3 VI ��yy .Dv >, 0 0 .� • o a I- C) 0.E .'.. 0 i•.4 0.0 0 v 0 ti v ... W 0 3 0 u .1. '.. -y 00• o . w e. E-. 0 5 P x 0U yv - a x � op 5. y .5 ao •� el F,, ' - °o d . Q7 coo W 0. cii rx g w a d p - eu J cc c" • a •0 -• 0. O w o W ' W 4 0a . d C4v 0 = 0. 0O o o o aad Q 5 r 3 0 a Ld v, '... Z cu 0 0 P as O 4 Ll o v .al x 5 d ch 1., w v d; w , a = — 1.P. .- 0 3 .� L v ci,.8 d r tx L '+ cG o v 'G ' RLC) O W ._. •-' t Y 'L - S CC a � ,, R xy °` u ., a LI. OaI. CA < CAUOatnE-• a. >. — Organization, Staffing, & Training 1. What type of services will your organization provide the City? Click here to enter text. 2. Identify the person responsible for the administration of Title VI polices and procedures (a Title VI Coordinator). Provide the name, position. title. and contact information. Click here to enter text. Title VI/Nondiscrimination 1. Is your Title VI Coordinator,project managers, and other staff made aware of Title VI compliance and regulations relative to nondiscrimination in federally-assisted programs of the Department of Transportation(hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21 and the Federal Highway Administration's 23 Code of Federal Regulations 200? Please explain how they are made aware. ('lick here to enter text. 2. What procurement procedures does your organization have in place to ensure nondiscrimination in the selection and retention of subcontractors including procurements of materials and leases of equipment? * Please note N/A is not an acceptable response, please provide a complete answer Click here to enter text. 3. How does your organization notify your subcontractors and suppliers of their obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, national origin, sex, age. disability and low income populations? * Please note N/A is not an acceptable response, please provide a complete answer Click here to enter text. 4. Are facilities and meeting areas fully accessible to persons with disabilities? ( Lick here to enter text. 5. Does your organization have a system in place to accommodate persons with disabilities? If yes. how does your organization notify the public? If no. please explain. * Please note N/A is not an acceptable response, please provide a complete answer Click here to enter text. Appendix C.1 Continued 6. How are limited English proficient persons made aware that they can receive translation services for access to services? * Please note N/A is not an acceptable response, please provide a complete answer Click here to enter text. r 7. Has your organization been reviewed by any governmental agencies for compliance with Title VI and other laws and regulations? If yes. provide a copy of the letter identifying the review findings? Click here to enter text. 8. Does your organization receive federal assistance (grants, loans, donations of property. or detail of personnel) from any Federal government entity? Click here to enter text. 9. List any discrimination complaints and,=or lawsuits received in Virginia during the reporting period. Include the basis for the complaint(ethnicity, gender. etc.) and summarize the outcome or resolution. If applicable, include a copy of the investigation report. Click here to enter text. Disadvantaged Business Enterprises (DBE) 1. Did your organization award any contracts/subcontracts related to City work to DBEs during the reporting period? rYes rNo If yes, provide the following: • The DBE's name and amount awarded Click here to enter text. • Total# of contracts awarded to DBEs Click here to enter text. • Total dollar amount of contracts awarded to DBEs Click here to enter text. I certify that the data given in this report is correct to the best of my knowledge. (Report has to be submitted with original signature. not a photocopy.) Signature: (Authorized Officer) (Title) (Date) Appendix C.1 Continued For Office Use Only. Provide award? Yes No Recommendations: Appendix C.1 Continued APPENDIX D.1 Title VI Complaint Form The City of Roanoke is committed to ensuring that no person is excluded from participation in or denied the benefits of its services on the basis of race, color, or national origin, as provided by Title VI of the Civil Rights Act of 1964, as amended. Title VI complaints must be filed within 180 days from the date of the alleged discrimination. The following information is necessary to assist us in processing your complaint. If you require any assistance in completing this form, please contact the Language Access Coordinator.The completed form must be returned to our office. Your Name: Phone: Email: Street Address: Alt. Phone: City, State, Zip Code: Person(s) discriminated against(if someone other than complainant): Phone: Email: Street Address, City, State, Zip Code: Which of the following best describes the reason for the alleged discrimination that took place? Race Color National Origin (including limited English proficiency) Other: (specify) Date of Incident: Location of Incident: If the incident involved a City employee, please list his/her/their name(s): complete reverse side of form Appendix D.1 Please list names and contact information of any witnesses. Please describe the alleged discrimination incident. If possible, provide the names, departments, and title(s) of all employees involved. Explain what happened and who you believe to be responsible. What type of corrective action would you like to see be taken? Have you filed a complaint with any other federal, state, or local agencies? (Circle one) Yes/ No If so, list agency/agencies and contact information below: Agency: Contact Name: Street Address, City, State, Zip Code: Phone Number: Agency: Contact Name: Street Address, City, State, Zip Code: Phone Number: I affirm that I have read the above allegation and it is true to the best of my knowledge, information, and belief. Appendix D.1 Continued Complainant (Print and Sign) Date: Print or Type Name of Complainant (if different from above) If your complaint is being filed on behalf of another person or group of people, all complainants must be identified by name. Date Received: Received By: Appendix D.1 Continued APPENDIX El City of Roanoke's Training Plan TITLE VI/NON-DISCRIMINATION TRAINING 1 . Understand the provisions of Title VI of the Civil Rights Act of 1964. 2. Identify the minimum requirements to be in compliance. A. Objective(s): 3. Understand the City's Title VI plan. 4. Comprehend the Title VI Complaint Process 5. Understand Your Roles and Responsibilities as Recipients of DOT funds. • Heightened understanding of Title VI • Understand the City's Title VI plan S. Result(s) desired • Understand how to file a Title VI Complaint • Apply Title VI to Meet Program Requirements Day - 1 Day C. Time: —__-- -- D. Target Audience: Employees and Sub-recipients HR Organizational Development & Learning - develop E. Team involvement: training and facilitate Risk Management - develop training and facilitate Title VI Act as it relates to VDOT F. Requirements: The City's Title VI plan Compliance documentation as it relates to VDOT Appendix E.1 APPENDIX F.1 Title VI Training Outline 1 . Purpose of Training Define Title VI A. What is Title VI Federal Law? B. What programs are covered by Title VI? C. What discrimination is prohibited by Title VI? D. Why is it important? E. Quick recap quiz II. Requirements for Organizations to Meet Title VI Compliance A. Diversification in the selection of supportive services B. Minority consultants and sub-consultants are being informed about contracting opportunities with the local agency C. Title VI assurances are included in all consultant & sub-consultant agreements. D. Quick recap quiz III. City of Roanoke Compliance Plan A. City of Roanoke Compliance Policy B. Your Role and Responsibilities and Receipts of DOT funds C. Quick recap quiz IV. Filing a Complaint A. City of Roanoke's Complaint Process B. Quick recap quiz V. Title VI Assessment If classroom. assessment and survey will be given at end of class: upon completion of both the attendee will receive a certificate. If virtual than attendees will receive an email with a link to the assessment and survey: once both have been completed a completion certificate will be sent to them via email. A. Quiz B. Survey C. Class completion certificate Appendix F.l IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21 St day of October 2024. No. 43075-102124. A RESOLUTION authorizing the City Manager's issuance of a Change Order to the City's contract with Holt, Inc. for changes in connection with the work on the City-Wide Bridge Maintenance Drift Removal Contract. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager or her designee is authorized to execute, for and on behalf of the City,in a form approved by the City Attorney, such additional Change Order to the City's contract with Holt,Inc.,for changes in connection with the work on the City-Wide Bridge Maintenance Drift Removal Contract, as more fully set forth in the City Manager's Report dated October 21, 2024. 2. Such Change Order will provide authorization for additions in the work with an increase in an amount not to exceed$24,408. The amended total Contract amount will be$170,232. ATTEST: City Clerk. City Manager's Report Submitted by: Ross Campbell, PE, Director ...111110, Department of Public Works ROANOKE October 21, 2024 Title: Execution of the City-Wide Bridge Maintenance Drift Removal Contract Modification. Background: Throughout the year, trees and vegetative matter, referred to as "drift," accumulate in creeks and streams, particularly during high water events, and can obstruct City bridges. The Engineering Division oversees a City-wide contract for the removal of this drift to restore hydraulic capacity and prevent erosion. Contract Details: • The drift removal contract was competitively bid and awarded to Holt, Inc., covering eight bridge locations across the Murray Run. Peters Creek, Mudlick, Glade Creek, and Roanoke River watersheds, with a total value of $97,800. • Following multiple high water events, six additional bridge sites were identified in the Murray Run, Tinker Creek, Ore Branch. and Peters Creek watersheds. A previous change order included four of these sites, valued at $48,024. • A second change order is required for two additional sites, totaling $24,408. These sites were identified after the first contract modification. This brings the total change orders to $72,432 and the overall contract value to $170,232. Considerations: City Council action is required to authorize the change order of the bridge drift removal contract. Funding for the additional drift removal is available in project account 300142 - Bridge Maintenance. Recommended Action: Authorize the Interim City Manager, or her designee, to execute the needed scope of work as mentioned above, approved as to form by the City Attorney, to the City's contract with Holt Inc. in the amount not to exceed S24.408 for the additional work. 0Z14; Lydia Patton, Interim City Manager IN THE COUNCIL OF THE CITY OF ROANOKE,VIRGINIA The 21' day of October 2024. No. 43076-102124. A RESOLUTION accepting the Virginia Department of Housing and Community Development Virginia Homeless Solutions Program Grant Award to the City for Continuum of Care strategies and homeless services and prevention programs; and authorizing execution of any required documents on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the Virginia Department of Housing and Community Development Virginia Homeless Solutions Program Grant Award for Continuum of Care strategies and homeless services and prevention programs in the amount of$113,459 with a 25% community-wide match for an award period of July 1, 2024 to June 30, 2025. The City of Roanoke is providing $57,600 of in-kind office space for the Central Intake program and the Council of Community Services is providing and in-kind match of$96,000. Such grant being more particularly described in the City Manager's Report dated October 21, 2024. 2. The City Manager or her designee is hereby authorized to execute and file, on behalf of the City, any documents setting forth the conditions of this grant in a form approved by the City Attorney. 3. The City Manager or her designee is further directed to furnish such additional information as may be required to implement and administer the foregoing Grant. ATTEST: aa-de-‘ ' YYZ4161 y City Clerk. l/- IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of October 2024. No. 43077-102124. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia Department of Community Development, for the Virginia Homeless Solutions Program, amending and re-ordaining certain sections of the 2024-2025 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 2024-2025 Grant Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Grant Fund Appropriations Grant Salaries 235-1270-0000-51200-400060 $ 64,061 Council of Community Services 235-1270-0000-55618-400060 49,398 Revenues Virginia Homeless Solutions 235-1270-0000-40122-400060 $ 113,459 Program FY25 — State Funds Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: 6)-€A-t&A; City Clerk. City Manager's Report Submitted by: Gwendolyn C. Coleman, Director ��� Department of Human/Social Services ROAN O K E October 21, 2024 Title: Virginia Department of Housing and Community Development—Virginia Homeless Solutions Program (VHSP) Grant Award. Background: As grantee, the City of Roanoke received notification on July 1, 2024, of an award from the Virginia Department of Housing and Community Development (DHCD) in the amount of $113,459 through the Virginia Homeless Solutions Program (VHSP) grant. The VHSP grant is a state and federally funded program through the State General Fund and the Federal Emergency Solutions Grant (ESG). These funds will support Continuum of Care (CoC) strategies and homeless services and prevention programs aimed at reducing the number of individuals/households who become homeless: shortening the length of time an individual or household is homeless: and reducing the number of individuals/households that return to homelessness. These funds will be distributed as follows: City of Roanoke Central Intake ($64,061) and the Council of Community Services planning activities ($49,398). The City will be serving as fiscal agent for these funds and entering into a contractual agreement with the Council of Community Services to provide such planning services, per the attached memorandum of understanding. These funds must be expended or obligated during the award period of July 1, 2024 to June 30. 2025. Considerations: Grantees are required to provide a 25% community-wide match with local or private funds for the entire DHCD-VHSP award amount. Match contributions/types for this grant include: the City of Roanoke is providing $57,600 of "in-kind" office space contribution for the Central Intake program and the Council of Community Services is providing an in-kind match of $96,000. Recommended Action: Authorize the application and accept the Department of Housing and Community Development VSHP grant in the amount of $113,459 and authorize the Interim City Manager to execute the grant documents associated with this funding. All documents shall be approved as to form by the City Attorney. Adopt the accompanying budget ordinance to establish a revenue estimate in the amount of $113,459 and to appropriate the same amount to expenditure accounts to be established by the Director of Finance in the Grant Fund. Lydia Patton, Interim City Manager GRANT AGREEMENT VIRGINIA HOMELESS SOLUTIONS PROGRAM Program Year 2024-2025 25-VHSP-016 This Grant Agreement is made by and between the Virginia Department of Housing and Community Development ("DHCD"), and City of Roanoke ("Grantee") for the period July 1, 2024 to June 30, 2025 in the amount of$113,459. Included in the amount is $113,459 in state general funds to be expended for outreach, emergency shelter operations, targeted prevention activities, rapid re-housing activities, centralized/coordinated entry, CoC planning, HMIS, and/or administration as indicated in the DHCD Continuum of Care (CoC) Year One Funding Request. Rapid re-housing activities are to be divided according to the chart below. Rapid Re-housing Allocation Performance Period State Rapid Re-housing j $0 July 1, 2024—June 30, 2025 The Grantee was identified as part of the community's emergency response system to homelessness in the 2024-2026 Homeless and Special Needs Housing (HSNH) Virginia Homeless Solutions Program (VHSP) application submitted by the lead agency (or designee) of the Continuum of Care (CoC) or Virginia Balance of State Local Planning Group (LPG). Activities funded through this grant will be provided at the Grantee location(s) identified in DHCD's Centralized Application Management System (CAMS). DHCD administers the Commonwealth of Virginia's homeless services resources through the VHSP. The Grant, which is the subject of this Agreement, is comprised of state funds through State General Fund appropriations. The Grant is subject to the terms, guidelines and regulations set forth in the Homeless and Special Needs Housing 2024-2026 Guidelines document, any subsequent amendments, the CoC/LPG proposal as amended through negotiations with DHCD, the DHCD approved Grantee budget, HUD regulations 24 CFR Part 576, as amended, which are incorporated by reference as part of this Agreement, the laws of the Commonwealth of Virginia and federal law. I. Scope of Services The VHSP goals are to assist households experiencing homelessness to quickly regain stability in permanent housing and to prevent households from becoming homeless. This funding will support coordinated community-based activities that are designed to reduce the overall length of homelessness in the community, the number of households becoming homeless, and the overall rate of formerly homeless households returning to homelessness. VHSP funds may be used for one or more of the following activities as detailed in the HSNH guidelines and must coincide with the year one request submitted by the CoC/LPG lead agency and approved by DHCD: • Outreach • Centralized or Coordinated Assessment/Entry System • Targeted Prevention • Emergency Shelter Operations 2024-2025 VHSP Grant Agreement 1 of 8 • Rapid Re-housing • CoC Planning • HMIS • Administration II. Conditions A. Service Provision The Grantee is responsible for coordination of VHSP activities with other CoC/LPG VHSP Grantees and mainstream resources. The Grantee must assure non-duplication of services with other VHSP Grantees. B. Reimbursement Funds are disbursed on a reimbursement basis. Grantees must submit remittances in DHCD's CAMS and be able to provide documentation that the work, services, or cost occurred within the grant period and the expenses were paid appropriately by the Grantee. Grantees may elect to submit remittances on a monthly or bi-monthly basis. The option selected should be adhered to throughout the year. Supporting documentation must clearly indicate the period for which the reimbursement is requested. Payment Period Remittance Submission Timeframe July 1-31, 2024 August 1-31, 2024 August 1-31, 2024 September 1-30, 2024 September 1-30, 2024 October 1-31, 2024 October 1-31, 2024 November 1-30, 2024 November 1-30, 2024 December 1-31, 2024 December 1-31, 2024 January 1-31, 2025 January 1-31, 2025 _.__________Februaj 1-28, 2025 ._--�_...._n February 1-28, 2025 March 1-31, 2025 March 1-31, 2025 April 1-30, 2025 April 1-30, 2025 May 1-31, 2025 e May 1-31, 2025 By June 5, 2025 June 1-30, 2025�pr _ojectia June 5, 2025 C. Reporting Grantees must submit reports as required by DHCD. Such reports may include, but are not limited to, outcomes and performance reports. Any required reports and their due dates will be announced by DHCD along with any relevant instruction. Submission of reports implies approval from the executive director and is considered final. DHCD reserves the right to withhold reimbursement payments if the Grantee fails to submit the reports. Year-End Report The Grantee must submit a year-end report no later than the Tenth day of July 2025. D. Continuum of Care Participation 2024-2025 VHSP Grant Agreement 2 of 8 Grantees must actively participate in the Homeless Management Information System (HMIS) and regional Continuum of Care or Balance of State Local Planning Groups. In addition, Grantees must assure full participation in annual point-in-time and housing inventory counts. E. Accounting The Grantee must adhere to Generally Accepted Accounting Principles (GAAP). The Grantee shall establish and maintain separate accounts within its existing accounting system or set up accounts independently. The Grantee shall record in its accounting system all grant payments received pursuant to the grant and all other match funds provided for, accruing to, or otherwise received on account of the grant. All costs charged to the grant shall be supported by properly executed payrolls, timesheets. contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, contracts, vouchers, or other accounting documents pertaining in whole or in part to the grant shall be clearly identified, readily accessible, and separate and distinct from all other such documents. Such documents shall reside at the offices of the grantee. F. DHCD Notification Grantee must notify DHCD of any potentially illegal act, such as misuse of grant funds or fair housing violations, immediately upon knowledge of such act. In addition, Grantee must notify DHCD should any other local,federal or state agency uncover evidence of any potentially illegal act. Grantee must notify DHCD if there is a change in agency management and/or fiscal personnel. Failure to do so will constitute a finding and may result in repayment of funds by the Grantee, the de-obligation of current funding and the preclusion of future funding. G. Audit All grantees, sub-grantees. CHDOs, sub-recipients, localities, developers, or any other organizations that receive funding during a program year and/or have projects in progress are required to submit financial statements to DHCD. Required statements are as followed: Financial Statement(s)**, Reviewed Financial Statement(s) prepared by an Independent Certified Public Accountant (CPA), Financial Statement(s) that have been audited by an Independent CPA or an audit required by the Code of Federal Regulations (CFR), (2 CFR 200 Subpart F), audited by an independent CPA. Please see the table below to determine which documents your organization is required to submit. The threshold requirements outlined below are the minimal standards required by DHCD. We strongly encourage all organizations receiving funds from DHCD to undertake the highest level of financial management review to ensure practices and procedures are fully examined and evaluated. r Threshold Requirement I Document Total annual expenditures Financial Statement(s) prepared by <$100,000 (Regardless of source) organization** 2024-2025 VHSP Grant Agreement 3 of 8 Total annual expenditure between = Reviewed Financial Statement(s) $100,001 and $300,000 prepared by an Independent Certified (Regardless of source) Public Accountant (CPA) Total annual expenditures > Financial Statement(s) that have been $300,000 (Regardless of source) audited by an Independent CPA Federal expenditures >$750,000 2 CFR 200 Subpart F Audit—Audited by an Independent CPA '`* Does not require preparation by a CPA Required financial statements must be submitted yearly, within nine (9) months after the end of your fiscal year or 30 (thirty) days after it has been accepted (reviewed financial statement(s), audited financial statements, and 2 CFR 200 Subpart F audit only) -whichever comes first. The full DHCD Audit Policy, including an explanation of the specific document requirements, can be found online at: https: :www dhcd virginia gov sites!defaultfiles Docxaudit-policy`dhcd-aUdit- policy.pdf H. Suspension and Debarment Non-Federal entities are subject to the non-procurement debarment and suspension regulations implementing Executive Orders 12549 and 12689, 2 CFR part 180. The regulations in 2 CFR part 180 restrict awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs or activities. (a) Independent Public Accountants (IPAs) debarred from providing audit services for all recipients are prohibited from soliciting or entering into any new contracts for audit services with recipients for the duration of the specified period of debarment. Recipients shall not knowingly award contracts to, extend or modify existing contracts with, or solicit proposals from, such IPAs. Debarred IPAs also are prohibited from providing audit services to recipients as agents or representatives of other IPAs. (b) IPAs debarred from providing audit services for one or more specific recipient(s) are prohibited from soliciting or entering into any new contracts for audit services with such recipient(s)for the duration of the period of debarment as determined pursuant to this part. The affected recipient(s) shall not knowingly award contracts to, extend or modify existing contracts with, or solicit proposals from, such IPAs. Debarred IPAs also are prohibited from providing audit services to the affected recipient(s) as agents or representatives of other IPAs, and are required to provide prior written notice to the debarring official before providing such services to other recipients. Debarred IPAs also must provide prior written notice of the debarment to any recipient for which the IPA provides audit Compliance Grantees with outstanding audit findings, IRS findings, DHCD monitoring findings or other compliance issues are not eligible to receive allocations. DHCD will 2024-2025 VHSP Grant Agreement 4 of 8 work with all interested parties toward the resolution of unresolved matters. where appropriate. J. Maintenance of Records Records shall be readily accessible to DHCD, appropriate state and federal agencies, and the general public during the course of the grant agreement and shall remain intact and accessible for five years thereafter. The exception is in the event that any litigation claim or audit is started before expiration of the five year period, the records shall be retained until such action is resolved. K. Costs Incurred Prior To Grant Agreement Execution No costs incurred prior to the start of the contract period shall be eligible for reimbursement with grant funds, unless incurred costs are authorized in writing by DHCD. L. Expenditure Review DHCD will monitor expenditure rates to ensure state resources are maximized. Failure to expend funds proportionately throughout the contract period may result in the de-obligation of funds. DHCD reserves the right to de-obligate funds at any time during the contract period and reallocate as deemed appropriate within the CoC/LPG or statewide based on compliance, performance, need, and available funding. M. Termination, Suspension, Conditions If through any cause, the Grantee fails to comply with the terms, conditions or requirements of the contract documents, DHCD may terminate or suspend this Agreement by giving written notice of the same and specifying the effective date of termination or suspension at least five (5) days prior to such action. In the case of contract violation by the Grantee, DHCD may request that all or some of the grant funds be returned, even if the Grantee has already expended the funds. The Grantee agrees to return such funds as requested by DHCD within 30 days of the written request. N. Subsequent Contracts The Grantee shall remain fully obligated under the provisions of the Grant Agreement notwithstanding its designation of any subsequent or third parties for the undertaking of all or part of the activities for which the Grant assistance is being provided to the Grantee. The Grantee agrees to ensure that any contractor or subcontractor who is not the Grantee shall comply with all the lawful requirements of the Grantee necessary to ensure that the project for which this assistance is being provided under this Agreement are carried out in accordance with the Grantee's Assurances and Certifications. O. Default A default is any unapproved use of grant funds. Upon due notice to the Grantee of the occurrence of any such default and the provision of a reasonable opportunity to respond, DHCD may take one or more of the following actions: 2024-2025 VHSP Grant Agreement 5 of 8 (1) direct the Grantee to submit progress schedules for completing approved activities: (2) issue a letter of warning advising the Grantee of the default, establishing a date by which corrective actions must be completed and putting the Grantee on notice that more serious actions will be taken if the default is not corrected or is repeated; (3) direct the Grantee to suspend, discontinue or not incur costs for the affected activity; (4) require the Grantee to reimburse DHCD for costs inappropriately charged to the program: (5) other appropriate action including . but not limited to, any remedial action legally available, such as affirmative litigation seeking declaratory judgment, specific performance, damages, temporary or permanent injunctions and any other available remedies. No delay or omissions by DHCD in exercising any right or remedy available to it under the Agreement shall impair any such right to remedy or constitute a waiver or acquiescence in any Grantee default. P. Conflict of Interest Grantees shall ensure that the provision of any type or amount of assistance may not be conditional on an individual's or family's acceptance or occupancy of housing owned by the grantee. the sub-grantee, a parent organization, or subsidiary. Grantees/sub-grantees, parent organizations, or subsidiaries may not administer rapid re-housing or prevention assistance and use the assistance for households residing in units owned by the grantee/sub-grantee, parent organization, or subsidiary. Individuals (employees, agents, consultants, officers, or elected or appointed officials of the grantee or sub-grantee) may not both participate in decision- making related to determining eligibility and receive any financial benefit. This financial benefit may not be received by the specific individual, any member of his/her immediate family or a business interest. The restriction applies throughout tenure in the position and for a one-year period following tenure. Q. Religious Influence The Grantee may not engage in inherently religious activities, such as worship, religious instruction, or proselytization as part of the programs or services funded under VHSP. If an organization conducts these activities. then they must be offered separately, in time or location, from the programs or services funded under VHSP and participation must be voluntary for program participants. III. Additional Assurances 2024-2025 VHSP Grant Agreement 6 of 8 A. Grantee will give the DHCD, the Virginia State Comptroller, HUD and any other authorized state or federal representatives access to and the right to examine all records, books, papers, or documents related to the Grant. B. In accordance with federal law, grantee will provide that no person shall be discriminated against on the basis of race, color, religion, sex, or national origin, in any phases of employment or in any phase of service delivery. IV. Additional Certifications: The Grantee certifies that it will comply with the following: (a) Freedom of Information Act (5 U.S.0 552) and Virginia Freedom of Information Act: (b)Virginia Fair Employment Contracting Act; (c) Fair Housing Act (42 U.S.C. 3601-20), and implementing measures under: - 24 CFR 100 (discriminatory conduct under Fair Housing Act); - Executive Order 11063 and regulations at 24 CFR 107 (preventing discrimination on basis of race, color, creed, or national origin); - 24 CFR Part 8 (prohibiting discrimination against handicapped individuals): -Title VI I I of Civil Rights Act of 1968 as amended (prohibiting discrimination based on race, color, national origin, religion, sex, familial status [including children under the age of 18 living with parents or legal custodians, pregnant women, and people securing custody of children under the age of 18], and disability) (e) Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and implementing regulations at: - 24 CFR 146 (nondiscrimination on basis of age in HUD programs): - Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794); (f) 24 CFR 574.320 (Federal rent standards for rental assistance, requiring rents to be charged no greater than appropriate Fair Market Rent levels): (g) 24 CFR Part 35 (Federal lead-based paint provisions, requiring visual inspections and stabilization of paint before commencement of occupancy); (h)Adhere to Executive Orders 11625, 12432, and 12138, that Grantee must make efforts to encourage participation of minority and women-owned business enterprises in connection with funded activities: - Encourage participation of locally-owned enterprises in connection with funded activities: (i) McKinney-Vento Homeless Assistance Program Regulations: (j) Anti-lobbying Certification: 2024-2025 VHSP Grant Agreement 7 of 8 (k) Drug Free Workplace. If requested by DHCD: 1. A Grantee that is a unit of local government agrees to assume the status of a responsible Federal official under the National Environmental Policy Act (NEPA) of 1969 and other provisions of Federal law as specified at 24 CFR 58 and 58.5 and agrees to comply with these NEPA regulations. 2. All Grantees that are not units of local government agree to assist DHCD in carrying out 24 CFR 58 and 58.5. The Agreement is hereby executed by the parties on the date set forth below their respective signatures as follows: Virginia Department of Housing and Community Development Sandra Powell. Sr. Deputy Director Date City of Roanoke Signature Name (printed or typed) Title Date 2024-2025 VHSP Grant Agreement S of 8 Memorandum of Understanding Between the City of Roanoke and the Council of Community Services The Blue Ridge Continuum of Care (CoC) is the lead entity for the Department of Housing and Community Development (DHCD).Virginia Homeless Solutions Program (VHSP). The agencies listed below are entering into a Memorandum of Understanding (MOU) to provide for coordination activities. project evaluation. CoC application activities. developing a CoC system, training related to the emergency crisis response system. and VHSP compliance activities. I. History of the Relationships The Council of Community Services (Council) provides strong leadership for organizations and individuals in the areas of planning. information, and referral services to improve the quality of life in our communities. The Council was established to promote the welfare of the Roanoke Valley community through the provision of a forum for the expression and the study of community needs: the survey and evaluation of resources available: the improvement of existing resources; and the establishment of new resources. The City of Roanoke has partnered with the Council to deliver strategic planning to the CoC since 2006. Since that time we have collaborated on numerous projects to align our community outcomes with federal and state plans addressing homelessness. II. Development of the Application The City of Roanoke. in collaboration with community partner agencies developed the DHCD- VHSP grant application to include a planning component. Planning processes create a mechanism to incorporate and coordinate key events throughout the year such as 1) the CoC's grant applications to the U.S. Department of Housing and Urban Development and to DHCD: 2) the bi- annual Point-in-Time Count and Survey of the Homeless; 3)use of HMIS and other data tracking tools to track system-level outcomes: 4) service coordination tools. The planning process results in clearly defined roles and responsibilities for each part of the system. The planning process increases collaboration among providers and better positions the CoC to be competitive for funding opportunities locally and at the state and federal levels. Ill. Roles and Responsibilities The roles and responsibilities of partner agencies have been identified as follows: C itm of Roanoke still: 1. Serve as fiscal agent for the sub-recipient contract award totaling S49,398. 2. Review and monitor monthly invoices for payment to the Council. 3. Provide co-leadership in carrying out the responsibilities of the MOU partner agency. 4. Attend training directly related to the implementation provisions of this MOU. 1 Council of Community Services will: 1) Action: Provide quarterly updates on DHCD-VHSP funded agencies at BRIC'H and C'oC meetings. Deliverables: • Collect monthly information from DHCD-VHSP funded agencies to include data quality and timely spending of project funds. • Share reports at the C'oC and BRICH meetings on a quarterly basis. 2) Action: Execute quarterly HELPS meetings. Deliverables: • Organize and maintain partner list for HELPS communications. • Create and distribute monthly agendas and minutes. • Facilitate meetings. • Track attendance. 3) Action: The completion and timely submission of the DHCD grant application and renewal paperwork. in conjunction with CoC Lead. Deliverables: • Co-write the DHCD grant application with CoC Lead and VHSP recipients • Assist with submitting the full application every two years. which includes gathering required supplemental documentation and completing narrative descriptions. Next complete application due spring 2026. • Assist with submitting the renewal paperwork every two years. which includes gathering required supplemental documentation and completing narrative descriptions. Next renewal due date is spring 2025. 4) Action: Increase community awareness of C'oC work as well as share available funding opportunities that support the CoC mission. Deliverables: • Share local, state. and federal information related to homelessness and CoC work through multiple media outlets such as the CoC and CCS websites. CCS and CoC Facebook pages. CoC Facebook group. as well as other available media outlets. • Research and share finding opportunities through communication channels identified above. • Continue to develop information and communication channels through website and social media updates. Draft press releases as needed. 2 5) Action: Create and implement CoC orientation. membership application and service mapping documents. Deliverables: • Develop inventory list of CoC services. • Develop membership application documents for CoC Board. • Create community resource guides with contact information for various CoC programs. • Develop PowerPoint presentation and other orientation documents for new CoC and CoC Board members. IV. Timeline The grant period for this collaborative effort coincides with the DHCD-VHSP grant period beginning July 1. 2024 to June 30, 2025. This project may be renewed at one-year intervals based on availability of funding. V. Termination This Memorandum may be terminated by the City of Roanoke or the Council of Community Services at any time, for any cause. or no cause. upon sixty (60) days prior written notice signed on behalf of the terminating party. Approval: We the undersigned have read and agree with this MOLT. Further, we have reviewed the portion of the proposed project budget pertaining to the collaborative effort described herein and approve it. Dr. Lydia Pettis Patton, Interim City Manager Date City of Roanoke Anne Marie Green. President Date Council of Community Services 3 IN THE COUNCIL OF THE CITY OF ROANOKE,VIRGINIA The 21' day of October 2024. No. 43078-102124. A RESOLUTION accepting certain entitlement funding from the United States' Department of Housing and Urban Development (HUD) to be used according to the City of Roanoke's 2024 HUD Annual Plan update to the City's 2020-2024 Consolidated Plan; authorizing the Interim City Manager or the Interim City Manager's designee, to execute all necessary documents pertaining thereto; and further authorizing the Interim City Manager or the City Manager's designee to submit such plan to the United States' Department of Housing and Urban Development (HUD) for final review and approval. WHEREAS, by Resolution No. 42933-052024, adopted by City Council on May 20, 2024, after public hearings were held on November 29, 2023, and April 25, 2024, City Council approved the 2024 Annual Plan update to the City's 2020-2024 Consolidated Plan. The 2024 Annual Update budgeted an estimated amount of$4,948,890 in HUD entitlement funding which the City of Roanoke, at the time, expected to receive from HUD, a majority of which funding was to be used for projects in the Belmont-Fallon Target Area; WHEREAS, the amount budgeted by the aforementioned 2024 Annual Update was an estimate only, as HUD had not provided the City of Roanoke with the actual amount of entitlement funding it would receive to be expended pursuant to the 2024 Annual Update to its Consolidated Plan. Since Resolution No. 42933-052024 was adopted by City Council, the City has received notice of allocation from HUD in the amount of$2,536,651 in entitlement funding to be expended pursuant to the City's 2024 Annual Plan Update that needs to be accepted and appropriated by City Council. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke accepts entitlement funding from HUD in the amount of $2,536,651 to be used according to the 2024 Annual Update to its 2020-2024 Consolidated Plan proposed 2024 Annual Plan, all as more particularly set forth in the City Manager's Report dated October 21, 2024. 2. The Interim City Manager, or her designee, is hereby authorized to execute any necessary documents pertaining to the City's 2024 Annual Plan update to the 2020-2024 Consolidated Plan, and to submit such plan to HUD for final review and approval. ATTEST: (/)1A'e°y-- City Clerk. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of October 2024. No. 43079-102124. AN ORDINANCE to appropriate funding from the Department of Housing and Urban Development (HUD), for the Community Development Block Grant Program (CDBG), HOME Investment Partnerships Program, and Emergency Solutions Grant (ESG), amending and re-ordaining certain sections of the 2024-2025 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 2024-2025 Grant Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Grant Fund Appropriations Program Activities - CDBG 235-3413-0000-52066-400082 $ 1,811,295 Program Activities - HOME 235-3413-0000-52066-400085 568,452 Program Activities - ESG 235-3413-0000-52066-400084 156,904 Revenues Community Development Block 235-3413-0000-40121-400082 $ 1,811,295 Grant 2024 - Federal HOME Investments Partnership 235-3413-0000-40121-400085 568,452 Program 2024 - Federal Emergency Solutions Grant 235-3413-0000-40121-400084 156,904 2024 - Federal Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: c,.,,-- 1--&-st-' tifYt-e City Clerk. City Manager's Report '', Submitted by: Chris Chittum, Director Planning, Building, & Development ROA N O K E October 21, 2024 Title: Accept and appropriate allocations of funding from the U.S. Department of Housing and Urban Development. Background: The City of Roanoke receives approximately $2.5 million in funding each year from the U.S. Department of Housing and Urban Development (HUD) in three categories of funding: Community Development Block Grant, HOME Investment Partnership Program, and Emergency Solutions Grant. These funds support programs that provide affordable housing. public services, neighborhood revitalization, economic development, homelessness prevention, and services to low and moderate income people. These funds are leveraged with other funding and in-kind support by non-profit agencies contracted to provide those services. Each program provides for the City to use a percentage of the funding to cover costs associated with managing the funds. Considerations: The City uses these HUD funds in general accordance with a 5-year Consolidated Plan adopted in 2020, which covers the years 2020 through 2024. Each year, the City develops an Annual Plan to describe the specific activities to be undertaken for the program year. The funds will be used according to the 2024 HUD Annual Action Plan approved by the City Council on May 20, 2024. Recommended Action: Accept and appropriate the described funding from HUD in the amount of $2,536,651, and adopt the accompanying budget ordinance. Lydia Patton, Interim City Manager IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21'day of October 2024. No. 43080-102124. AN ORDINANCE authorizing the City Manager or her designee to execute the necessary documents providing for the purchase by the City of Roanoke, Virginia ("City") of certain real property, owned by Virginia Utility Protection Service, Inc. ("VUPS"), located in the City of Roanoke, Virginia at Unit B, 1830 Blue Hills Circle, N.E., Roanoke, Virginia, designated as Roanoke Official Tax Map No. 7280106 ("Property"), upon certain terms and conditions; and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or her designee is hereby authorized, for and on behalf of the City, to execute a Contract for Purchase and Sale Agreement between the City and VUPS, and such other documents as may be necessary, for the City to purchase the Property from VUPS for the amount of$4,350,000, for such purposes and reasons stated in the City Manager's Report dated October 21, 2024. Such agreement shall be substantially similar in form to the Agreement attached to the October 21, 2024, City Manager's Report, and shall be upon form approved by the City Attorney. 2. The City Manager or her designee is further authorized, for and on behalf of the City, to execute a Special Warranty deed and all other necessary documents, in a form approved by the City Attorney, providing for the purchase of the Property from VUPS, all as more particularly set forth in the City Manager's Report dated October 21, 2024. 3. The City Manager or her designee is further authorized on behalf of the City to negotiate and execute such further documents and take such further actions related to this matter as may be necessary to implement, administer, and enforce the conditions and obligations that must be met by the Seller pursuant to the Contract. 4. All documents necessary for this conveyance shall be in form 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: netzt-a-, j": Meer City Clerk. 2 dowif Office of the City Attorney ROA N O K E October 21, 2024 Title: Approve Contract to Purchase Unit B, 1830 Blue Hills Circle, N. E., Official Tax Map No. 7280106 from Virginia Utility Protection Service, Inc. Background: Roanoke Official Tax Map No. 7280106 (Property) is a privately owned condo unit containing approximately 10,733 square feet that is located adjacent to City owned property bearing Official Tax Map No. 7280104 (the City of Roanoke's E911 Center). Title to the unit is of record in the name of the Virginia Utility Protection Service, Inc. ("VUPS"). VUPS desires to sell the Property to the City for the amount of $4,350,000, upon certain terms and conditions. The Property has a tax assessed value of $2,565,500. Considerations: City staff have considered VUPS' offer and recommends purchase of the Property. Use of the Property by the City will be for an office, community engagement and training space for RPD. The City and VUPS have negotiated the terms of a purchase and sale agreement for the Property. A copy of the proposed sales agreement is attached as Exhibit 1. City Council authorization is necessary for the Interim City Manager to execute a contract to purchase and a deed accepting title to the Property. Recommended Action: Adopt the attached resolution, authorizing the City Manager to execute a purchase and sale agreement with VUPS for the Property substantially similar in form to the agreement attached to this letter, and to thereafter execute a deed accepting title to the Property on behalf of the City of Roanoke. All documents shall be approved as to form by the City Attorney. cirs„0_,/w Laura Carini, Sr. Asst. City Attorney CONTRACT FOR PURCHASE AND SALE OF REAL PROPERTY This Contract For Purchase and Sale of Real Property (Contract) is dated . 2024. between the CITY OF ROANOKE, VIRGINIA, a Virginia municipal corporation with an address of 364 Noel C. Taylor Municipal Building. 215 Church Avenue, S. W.. Roanoke, Virginia 24011 ("Buyer'). and VIRGINIA UTILITY PROTECTION SERVICE, INC. organized and existing under the laws of Virginia and authorized to transact business in Virginia. with an address of 1830 Blue Hills Circle. NE, Unit B. Roanoke. Virginia 24012 ("Seller"). RECITALS: WHEREAS. Buyer is desirous of acquiring certain real property together with any improvements thereon, located at Unit B. 1830 Blue Hills Circle.NE, Roanoke, Virginia, Official Tax Map No. 7280106. an approximate aggregate of 10.733 sq. ft. (with all Improvements (as defined below),referred to hereafter as the"Property")from Seller. and Seller is desirous of selling such Property upon the terms and conditions set forth below; and WHEREAS, Buyer will acquire the Property from Seller provided Seller fully complies with certain terms and conditions as set forth in this C'ontract and if Seller fails to comply with such terms and conditions, Seller shall be liable to Buyer for such other remedies available to the Buyer as set forth in this Contract or by law. THEREFORE. for and in consideration of the mutual covenants and conditions herein set forth, and other good and valuable consideration. the receipt and sufficiency of which is acknowledged by the parties hereto, Seller and Buyer hereby agree the above recitals are hereby incorporated into this Contract and that they further agree as follows: SECTION 1. DEFINITIONS. Unless the context otherwise specifies or requires. for the purpose of this Contract. the following terms shall have the meanings set forth in this Section: Closing: The consummation of this Contract. as more particularly described in Section 11. Closing Date: The date provided for in Section 11 hereof for the Closing. Contemplated Use: Buyer intends to use the Property as office. community engagement and training space. Days: Unless otherwise stated. this term means consecutive calendar days. Effective Date: The date listed in the first paragraph of this C'ontract. which shall be the date this Contract is signed by Seller and delivered to Buyer. Improvements: Any and all improvements, and all appurtenances thereto. located on the Property at the time of Closing. rob-0017 12110070v2 1 Property: The property. together with any Improvements thereon. located at Unit B. 1830 Blue Hills Circle NE. Roanoke. VA 24012. Official Tax Map No. 780106 respectively, an approximate aggregate of 10.733 sq. ft.. as further depicted in Exhibit 1. Title Commitment: A commitment for title insurance in favor of Buyer for the Property to be issued by the Title Company. Title Company: Any nationally recognized title insurance company acceptable to Buyer. SECTION 2. PURCHASE AND SALE OF PROPERTY. A. Seller agrees to sell the Property to Buyer. and Buyer agrees to purchase the Property from Seller, upon all the terms. covenants. and conditions set forth in this Contract. B. The purchase price for the Property ("Purchase Price") shall be S4.350.000. payable as described in 2.D below, by Buyer at closing as more fully set forth in Section 11. C. Buyer also agrees to pay S 150.000.00 at Closing to Seller for all furniture, fixtures and equipment located at the Property at closing, including but not limited to the items set forth on Exhibit 2, attached hereto and incorporated herein, but excluding the items set forth on Exhibit 3 (the "Personal Property") . D. The Purchase Price shall be payable by installments from Buyer with key terms as follows: a. S850,000.00 in cash payable to Seller at Closing: b. The remaining balance (S3.500,000) shall be payable in full over 5 years at a four and a half percent (4.5°-0) annual interest rate as set forth in a promissory note in a form mutually agreeable to Buyer and Seller(the "Promissory Note"): c. The Promissory Note shall provide for annual payments of principal and interest in accordance with the amortization and payment schedule as attached in Exhibit 4: and d. The Promissory Note shall allow prepayment of the outstanding principal and interest balance owed, in part or in full. at any time prior to maturity. SECTION 3. CONDITIONS FOR COMPLETION OF CONTRACT. A. As a condition precedent to Buyer's obligation to purchase the Property or otherwise to perform any obligations provided for in this Contract, the Seller. as of the Closing. shall have complied with the Seller's representations and warranties in Section 10 of this Contract, and the fulfillment to the Buyer's reasonable satisfaction of the Seller's delivery to Buyer on the Closing Date of title to the Property and other documents as prescribed in Section 4. As a condition precedent to Seller's obligation to sell the Property or otherwise perform any obligations provided for in this Contract, the Buyer. as of the Closing, shall have complied with the Buyer's obligations. representations. and warranties in this Contract. B. Buyer may, at any time on or before the Closing Date. at its election, waive in writing any of the conditions precedent referenced in this Section 3. and Buyer's and Seller's 27467 0017 12110070v2 consummation of the transaction on the Closing Date shall waive all such conditions precedent. C. Buyer shall have until November 4, 2024 as an Inspection Period ("Inspection Period") during which Buyer shall have the right to enter the Property to investigate all aspects of the Property to make such marketing, financial, surveying, architectural. engineering. topographical, geological. soil, subsurface, environmental, water drainage, and traffic studies and any other audits. investigations, inspection, evaluations, studies, tests. borings. and measurements as Buyer deems necessary or advisable (collectively. "Investigations") to determine whether there exist any issues with that would prevent or increase the cost of Buyer's intended use of the Property. Should Buyer in Buyer's sole discretion determine during such Inspection Period for any reason that the Property is not suitable for use by Buyer, in Buyer's sole and absolute discretion, Buyer shall notify the Seller in writing as soon as reasonably possible, but in no event later than five (5) Days after the end of such Inspection Period, of Buyer's decision to terminate the Contract. In the event of termination hereunder, this contract shall be terminated and of no further force and effect. unless Seller and Buyer mutually agree to modify this Contract to address any such issues. D. In connection with the Buyer's ability to conduct the Investigations mentioned above. the Seller hereby grants to Buyer. its officers, agents, employees, contractors, subcontractors, licensees. designees, representatives, and consultants, a revocable right to enter upon the Property at any time during, the Inspection Period. in order to conduct Investigations of the Property upon the following terms and conditions: (i) If the Buyer exceeds its rights granted under this Section or fails to obtain and maintain the insurance required by this Section 3. the Seller may revoke this right of entry upon one (1) working day prior telephonic or electronic mail notice to Buyer. (ii) Buyer agrees to require its Contractors to be responsible for any and all damages resulting from the activity or activities of Buyer, its officers. agents, employees. contractors. subcontractors. licensees, designees. representatives and consultants, on the Property in the exercise of the rights granted under this Section 3. Buyer. through its contractors, shall. at its sole cost, promptly and fully restore any land disturbed by the exercise of the rights under this Section 3 to a condition substantially equal to that existing immediately prior to entry on the Property (subject to minor clearing of vegetation reasonably necessary for the performance of the Investigations). (iii) The Buyer shall require its contractors to indemnify and defend Seller from any loss,damage, or claim arising out of Buyer's access to the Property pursuant to this Section 3.D for the purpose of the Investigations. The indemnity obligations of the Buyer's contractors hereunder are conditioned on Seller promptly notifying the Buyer and its contractors in writing of any claim: cooperating with the Buyer's contractors in the defense of the claim: and granting the Buyer's contractors sole control of defense or settlement of the claim at the sole cost and expense of the Buyer's contractors. Under no circumstance shall the Buyer's contractors be obligated to indemnify or defend Seller for or from the Seller's own negligence or willful misconduct (which includes. without limitation, any breach by Seller of this Contract), or unlawful act or omission. or any claim resulting from any of the foregoing. 27467 0017 12110076v2 3 (iv) Buyer shall require each of its contractors who enter the Property. at the sole expense of such contractor, to obtain and maintain. and have its contractors or representatives obtain and maintain. the insurance set forth below. Any required insurance shall be effective prior to the beginning of any Investigations. The following policies and coverages are required: (a) Commercial General Liability. Commercial General Liability insurance or its equivalent,written on an occurrence basis. shall insure against all Claims from loss of life or damage or injury to persons or property arising out of Buyer's acts or omissions.The minimum limits of liability for this coverage shall be S 1.000,000 combined single limit for any one occurrence. (b) Contractual Liability°. Coverage for Contractual Liability as defined by terms in the policy. (c) Workers' Compensation. If applicable, Workers' Compensation insurance covering Buyer's statutory obligation under the laws of the Commonwealth of Virginia and Employer's Liability insurance shall be maintained for all its employees engaged in work under Section 3. Minimum limits of liability for Employer's Liability shall be S100,000 bodily injury by accident each occurrence; S500.000 bodily injury by disease (policy limit); and S100.000 bodily injury by disease (each employee). With respect to Workers' Compensation coverage, the insurance company shall waive rights of subrogation against the Seller and its officers. agents. employees, volunteers, and representatives. (d) Automobile Liability. The minimum limit of liability for Automobile Liability Insurance shall be S1.000,000 combined single limit applicable to owned or non-owned vehicles used in the performance of any work under this Section 3 and shall be written on an occurrence basis. (v) The insurance coverages and amounts set forth above may be met by an umbrella liability policy following the form of the underlying primary coverage in a minimum amount of S 1.000,000. Should an umbrella liability insurance coverage policy be used. such coverage shall be accompanied by a certificate of endorsement stating that it applies to the specific policy numbers indicated for the insurance providing the coverages required by this section. and it is further agreed that such statement shall be made a part of the certificate of insurance furnished by Buyer's contractors to the Seller. (vi) All insurance shall also meet the following requirements: (a) Buyer's contractors. consultants and representatives shall furnish Seller with a certificate or certificates of insurance showing the type, amount, effective dates and date of expiration of the policies. All such insurance shall be primary and noncontributory to any insurance or self-insurance Seller may have. 2'46'0017 12110070v2 4 (b) Buyer's contractors shall immediately notify Seller in writing if any of the insurance policies or coverages required are canceled, and shall immediately_ replace such insurance and provide documentation of such to the Seller. (c) The required insurance policies and coverages, except as to Workers' Compensation and Employer's liability. shall name the Seller as additional insureds. (d) Any insurance company providing coverage hereunder shall be authorized to do business in the Commonwealth of Virginia, shall be financially stable. and have an A.M. Best's rating of A-VII, or better. E. Upon the request of Seller. Buyer. its officers, agents. employees. contractors. subcontractors. licensees. designees, representatives and consultants. shall within a reasonable period of time after receipt of any preliminary or final survey, test results or conclusory reports and opinion statements. deliver copies of same to Seller. If Seller so requests. Buyer shall also turn over copies of raw data obtained and any laboratory and observation reports or analyses. Such copies of all the above shall be provided to Seller without charge. F. Buyer shall require its contractors at all times to comply with all applicable federal, state. and local laws, rules. and regulations governing Buyer's Investigations. Buyer shall require its contractors to obtain, at their cost, any and all required permits and or licenses for any such work. SECTION 4. BUYER'S AND SELLER'S OBLIGATIONS. A. Seller agrees that it will do the following: (i) Seller agrees to sell to Buyer the Property. (ii) Seller will deliver to the Buyer a Special Warranty deed at Closing in accordance with the terms of this Contract. B. Buyer agrees and promises that it will do and or has done the following: (i) Buyer shall purchase the Property from the Seller AS IS subject to all easements. restrictions, and covenants of record. (ii) Buyer acknowledges and agrees that Seller makes no representations or warranties with respect to the Property other than what is contained within this Contract. (iii) Buyer agrees that Buyer is taking the Property in an AS IS condition without any warranties or representations from Seller. and that Buyer has had or will have sufficient opportunities to fully examine the Property and that the Buyer shall comply with all environmental and other laws. 2746 0017 121100'0v2 5 SECTION 5. COMPLIANCE WITH LAWS. Seller agrees to and shall comply with all applicable federal. state. and local laws. ordinances. and regulations. including all applicable licensing requirements. related to the sale of the Property. Seller further agrees that Seller does not, and shall not during the performance of this Contract. knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986. SECTION 6. ASSIGNMENT. Seller agrees not to assign or transfer any part of this Contract without the prior written consent of Buyer, which will not be unreasonably withheld. and any such assignment shall not relieve Seller from any of its obligations under this Contract. SECTION 7. INDEMNITY. Seller agrees to indemnify and hold harmless the Buyer and its officers. directors. and employees free and harmless for and from any and all claims. causes of action, damages or any liability of any type,including reasonable attorney's fees.on account of any claims by or any injury or damage to any persons or property growing out of or directly or indirectly resulting or arising in any way out of any actions, omissions. or activities of Seller or its agents, employees, contractors, or representatives arising out of or connected in any way to any of the matters involved in this Contract or any performance thereunder. SECTION 8. FORUM SELECTION AND CHOICE OF LAW. By virtue of entering into this Contract, Seller agrees and submits itself to a court of competent jurisdiction. which shall be the Circuit Court or General District Court for City of Roanoke. Virginia. and further agrees this Contract is controlled by the laws of the Commonwealth of Virginia. with the exception of Virginia's conflict of law provisions which shall not apply, and that all claims,disputes and other matters shall be decided only by such court according to the laws of the Commonwealth of Virginia as aforesaid. Seller further waives and agrees not to assert in any such action. suit or proceeding. that it is not personally subject to the jurisdiction of such courts, that the action, suit or proceeding. is brought in an inconvenient forum or that the venue of the action. suit or proceeding. is improper. SECTION 9. LEASEBACK. Seller desires to leaseback. after Closing. two server racks in the server room for a period of three (3)years. During the Inspection Period, and as a condition precedent to Closing.Buyer and Seller shall mutually agree on lease terns. lease rate. location, secure access. and security of the two server racks (the "Leaseback Lease"). SECTION 10. COVENANTS AND WARRANTIES. A. In addition to any representations and warranties contained elsewhere in this Contract. Seller warrants and represents that Seller will, in accordance with this Contract. convey title to the 46' ooi- iziloo7ov2 6 Property-in an AS IS condition and subject to any items of record and any matters disclosed by the survey to be completed by Buyer. B. The Seller represents and warrants with respect to the Property that: (i) Title. Seller has title to the Property subject to any restrictions. covenants. and easements of record and any matters which a survey would disclose. Seller is the sole owner of the Property. (ii) Condemnation. Seller has no knowledge of any pending or threatened proceedings for condemnation or the exercise of the right of eminent domain as to any part of the Property or the limiting_ or denying of any right of access thereto. (iii) Hazardous Materials. Seller makes no warranties or representations of any type regarding hazardous materials of any type. (iv) Access. Ingress to and egress from the Property is available and provided by Blue Hills Circle. (v) Leases. Seller confirms there are no leases on the Property. (vi) No Conflicts. Seller's execution and performance of this Contract does not: (i) breach any other agreement to which either of the Seller is a party: or (ii) violate any law, judgment. or order to which any of the Seller is subject. (vii) No Notice of Violations. Seller has received no notice of any violation of zoning requirements or other ordinances. rules or regulations with respect to Property. (viii) No Litigation. There is no litigation, claim, or arbitration. pending or. to the knowledge of Seller. threatened. with regard to Property or performance of this Contract by the Seller. (ix) Organization. Seller is a Virginia corporation, qualified to conduct business and in good standing in Virginia.and has the right to own its assets and operate its business in the ordinary course. SECTION 11. TITLE AND CLOSING. A. Title to the Property. in accordance with the Survey. shall be conveyed by Seller to Buyer by Special Warranty Deed in an AS IS condition (the "Deed") subject to the following: (i) Ad valorem real property taxes for the current year. not yet due and payable, storniwater utility fees, for the current year. not yet due and payable, and solid waste fees. for the current year, not yet due and payable: (ii) Those matters of title to which Buyer has not objected to in writing: 2746,0017 12110070v-2 (iii) Those matters reflected on the Survey to which Buyer has not objected to in wr rtrng: (iv) Easements and other restrictions of record as shown on the Title Commitment: (v) Liens shown on the Title Commitment not objected to by Buyer: (vi) Other customary and usual exceptions not adversely affecting title: and (vii) Those items and matters set forth in this Contract and that the obligations and undertakings of the Buyer in this Contract shall survive Closing and be incorporated into the Deed. B. Delivery of title in accordance with the foregoing shall be evidenced by the willingness on the Closing Date of the Title Company to issue. upon payment of its normal premium, to Buyer its A.L.T.A. (Form B)Owner's Policy of Title Insurance(the "Title Policy")insuring Buyer in the amount of the Purchase Price in respect to the Property and that title to the Property is vested in Buyer subject only to the Conditions of Title. C. Provided all conditions under Section 3 have been satisfied, Buyer and Seller shall consummate and complete the Closing of this transaction on or before December 20. 2024 (the "Closing Date"), subject to any mutually agreed upon extensions. D. The purchase and sale of the Property shall be closed (the "Closing") at 10:00 A.M. on the Closing Date in the Office of the City Attorney, or at such other location, date, and time as shall be approved by Buyer and Seller. (i) On the Closing Date. Seller shall deliver or cause to be delivered to Buyer the following documents: (a) Its duly executed and acknowledged Special Warranty Deed conveying to Buyer the Property in accordance with the provisions of this Contract: (b) A Bill of Sale for the Personal Property in a form mutually acceptable to Buyer and Seller; (c) A mechanic's hen affidavit executed by a representative of Seller. satisfactory to the Title Company. and to the effect that no work has been performed on the Property by Seller in the one hundred twenty-five (125) Days immediately preceding the Closing Date that could result in a mechanic's lien claim, or, if such work has been performed, it has been paid for in full; (d) Such documents as may be reasonably required by the Title Company to evidence the authority of the person(s) executing the various documents on behalf of Seller in connection with the sale of the Property. including. without limitation. certificate of existence, certified copies of corporate 2746-0017 121 roo-av2 8 votes. incumbency certificate of mangers and officers of Seller. and certified copy of Seller's bylaws; (e) A duly executed counterpart of a Closing Statement: (f) A parties in possession affidavit executed by Seller, satisfactory to the Title Company, that no parties are in possession of the Property as of Closing; (g) All keys and or access cards to access all buildings, rooms, closets. and entryways on the Property: (h) An executed counterpart of the Leaseback Lease; and (i) Any other items required to be delivered pursuant to this Contract. E. At Closing, real property taxes (if any). stormwater utility fees, and solid waste fees shall be prorated. with Buyer being responsible for the date of Closing and all periods thereafter. F. Seller shall pay for(i) all attorneys' fees and expenses incurred by legal counsel for Seller; and (ii) Grantor's Taxes, if any. for the transfers of the Property. G. Buyer shall pay for(i)the Grantee's taxes, if any. and the recording charges for the transfer of the Property: (ii) its legal fees and expenses in connection with this Contract including the fees and expenses in connection with the Inspections: (iii) all costs of the investigations of the Property: and (iv) all title insurance premiums for issuance of the title insurance process with respect to the Property. H. Except for the Leaseback Lease, exclusive possession of the Property shall be delivered to Buyer on the Closing Date. free and clear of all tenants. licensees. and permittees, subject to the provisions of this Contract. I. At Closing. Buyer shall deliver to Seller the Purchase Price. including an executed original of the Promissory Note and an executed counterpart of the Leaseback Lease. SECTION 12. COSDEMNATION. Seller has no actual knowledge of any pending or threatened condemnation of the Property. However. if, after the date hereof and prior to the Closing Date. all or any part of Property is subjected to a bona fide threat of condemnation or condemned or taken by a body having the power of eminent domain or a transfer in lieu of condemnation. Buyer shall be promptly notified thereof in writing and within twenty (20) Days after receipt of written notice to Buyer, Buyer may by written notice to Seller elect to cancel this Contract prior to the Closing Date, in which event all parties shall be relieved and released of and from any further duties. obligations, rights, or liabilities hereunder, and thereupon this Contract shall deemed terminated and of no further force and effect. If no such election is made by the Buyer to cancel this Contract. this Contract shall remain in full force and effect and the purchase contemplated herein. less any interest taken by condemnation or eminent domain, shall be effected with no further adjustments. and upon the Closing Date. Seller shall credit. assign. transfer. and set over to Buyer all of the right, title, and 27467 0017 121 roo-ov-2 9 interest of Seller in and to any awards that have been or that may thereafter be made for any such taking or takings, or conveyance in lieu thereof. SECTION 13. RISK OF LOSS. Risk of Loss by fire or other casualty shall be upon Seller until Closing is completed. except if such loss is the result of acts or omissions of the Buyer or Buyer's employees. agents. contractors. or representatives, in which case such loss shall be Buyer's responsibility. If the Property is substantially damaged or destroyed before Closing by such casualty, then Buyer may cancel this Contract. in which event. by giving Seller thirty(30)Days' written notice of such cancellation and neither party will have any further obligations to the other and Seller shall not be liable to the Buyer for any failure to deliver the Property to Buyer. SECTION 14. DEFAULT. A. Seller Default. In the event that the Closing does not occur solely by reason of default by Seller, and the Buyer has fully performed its obligations and is prepared to consummate the Closing. the Buyer shall have all of its remedies at law or in equity. including the remedy of specific performance. The Buyer may also terminate this Contract in which event neither Party shall have any further rights or obligations hereunder except for Seller's indemnity obligations that will survive the termination of this Contract. B. Buyer Default.In the event that the Closing does not occur solely by reason of default by the Buyer. and Seller has fully performed its obligations and is prepared to consummate the Closing. Seller's sole remedy shall be to terminate this Contract and neither Party shall have any further rights or obligations hereunder.' SECTION 15. COMMISSIONS. Except for the Seller's broker. Poe and Cronk. Seller and Buyer each warrants and represents to the other that no person or entity can properly claim a right to a commission. finder's fee. or other compensation based upon contracts or understandings between such claimant and Buyer or Seller with respect to the transaction contemplated by this Contract. Seller agrees to indemnify Buyer against and to hold it harmless from any claim,loss.cost. or expense. including.without limitation. attorneys' fees. resulting from any claim for a commission, finder's fee. or other compensation by any person or entity based upon such contacts or understandings. SECTION 16. NOTICES. All notices hereunder must be in writing and shall be deemed validly given. by personal service. if sent by certified mail. return receipt requested. or by a nationally recognized overnight courier. addressed as follows (or any other address the party to be notified may have designated to the sender by like notice): If to Seller: City of Roanoke. Virginia I Do you want to add a Deposit to be used as liquidated damages in the event of a Buyer default? 27467 0017 12110070v2 10 ATTN: City Manager 364 Noel C'. Taylor Municipal Building 215 Church Avenue, SW Roanoke, Virginia 24011 Fax No. 540-853-2333 With a Copy to: Deputy City Manager for Community Development City of Roanoke 364 Noel C'. Taylor Municipal Building 21.5 Church Avenue. SW Roanoke, VA 24011 Fax No. 540-853-2333 If to Buyer: Virginia Utility Protection Service. Inc. 1830 Blue Hills Circle. NE. Unit B Roanoke, VA 24012 With a copy to: Clark Worthy, Esq. 10 Franklin Rd SE. Suite 900 Roanoke. VA 24011 540-983-9384 worthy gentrylocke.com Notice shall be deemed delivered upon the date of personal service, two days after deposit in the United States mail, or the day after delivery to a nationally recognized overnight courier. SECTION 17. TIME. Time is of the essence in the parties' respective obligations under this Contract. SECTION 18. SUCCESSORS AND ASSIGNS. This Contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. SECTION 19. COUNTERPART COPIES,DELIVERY. This Contract may be executed in two or more counterparts, and all such counterparts so executed shall constitute one C'ontract binding on all of the parties hereto. notwithstanding that all of the parties are not signatory to the same counterpart. Delivery of this Contract by electronic means shall constitute personal delivery. and signed electronic copies of this Contract shall be admissible as signed originals. SECTION 20. CONSTRUCTION. The parties acknowledge that each party and its counsel have reviewed and revised this Contract and that the normal rule of construction to the effect that any ambiguities are to be resolved 27467 0017 12110070v2 11 against the drafting party shall not be employed in the interpretation of this Contract or any amendments or exhibits hereto. SECTION 21. SEVERABILITI AND SURVIVAL. If any term of this Contract is found to be invalid, such invalidity shall not affect the remaining terms of this Contract. which shall continue in full force and effect. The parties intend for the provisions of this Contract to he enforced to the fullest extent permitted by applicable law. Accordingly, the parties agree that if any provisions are deemed not enforceable by any court or agency of competent jurisdiction.they shall be deemed modified to the extent necessary to make them enforceable. The provisions of Sections 3.D(ii) and 3.D(iii) (indemnity and repair obligations), and Section 7 (Indemnity) survive Closing. SECTION 22. COOPERATION. Each party agrees to cooperate with the other in a reasonable manner to carry out the intent and purpose of this Contract. Such cooperation shall not include the obligation of any party to incur expense to accomplish tasks assigned to the other party hereunder. SECTION 23. AUTHORITY TO SIGN. The persons who have executed this Contract on behalf of the parties represent and warrant they are duly authorized to execute this Contract on behalf of their respective entity. SECTION 24. NONWAIVER. Each party agrees that any party's waiver or failure to enforce or require performance of any term or condition of this Contract or any party's waiver of any particular breach of this Contract by any other party extends to that instance only. Such waiver or failure is not and shall not be a waiver of any of the terms or conditions of this Contract or a waiver of any other breaches of the Contract by any party and does not bar the nondefaulting party from requiring the defaulting party to comply with all the terms and conditions of this Contract and does not bar the nondefaulting party from asserting any and all rights and/or remedies it has or might have against the defaulting party under this Contract or by law. SECTION 25. FAITH BASED ORGANIZATIONS. Pursuant to Virginia Code Section 2.2.-4343.1, be advised that the City does not discriminate against faith-based organizations. SECTION 26. COMPLIANCE WITH STATE LAW; FOREIGN AND DOMESTIC BUSINESSES AUTHORIZED TO TRANSACT BUSINESS IN THE COMMONWEALTH OF VIRGINIA. Seller shall comply with the provisions of Virginia Code Section?2-4311 2, as amended.which provides that a contractor organized as a stock or nonstock corporation. limited liability company. business trust. or limited partnership or registered as a registered limited liability 27467 oo r- r 2 r r oo-ov2 12 partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 or as otherwise required by law. Seller shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth. if so required under Title 13.1 or Title 50. to be revoked or cancelled at any time during the term of the Contract. Buyer may void the Contract if Seller fails to remain in compliance with the provisions of this section. SECTION 27. APPROPRIATION OF FUNDS. All obligations for findings undertaken by Buyer in connection with this Contract are subject to the availability of funds and the appropriation of such funds by City Council as may be necessary for such obligations or funding. If any such funding is not approved, withdrawn. or otherwise not made available for this Contract. with the result that Buyer is unable to perform its obligations under this Contract. Buyer shall provide Seller with written notice of such unavailability of funding. SECTION 28. FORCE MAJEURE. Neither party shall be in default or otherwise liable for any delay in or failure of its performance under this Contract if such delay or failure arises by any reason beyond its reasonable control. including any act of God, any acts of conunon enemy. the elements, earthquakes. floods. fires. epidemics. riots, strikes, failures or delay in transportation or conununication. shortages of material, approval delays or any act or failure to act by the other party or such other party's employees. agents or contractors: provided, however. that lack of funds shall not be deemed to be a reason beyond a party's reasonable control. The Parties shall promptly inform and consult with each other as to any of the above causes which in their judgment may or could be the cause of a delay in the performance of this Contract . For purposes of this Contract, any one (1) delay caused by any such occurrence shall not be deemed to last longer than four (4) months and the party claiming delay caused by any and all such occurrences shall give the other party written notice of the same within 30 days after the date such claiming party learns of or reasonably should have known of such occurrence. Notwithstanding anything else set forth above. after a total of six (6) months of delays of any type have been claimed by a party as being subject to force majeure. no further delays or claims of any type shall be claimed by such party as being subject to force majeure and or being an excusable delay. SECTION 29. ENTIRE CONTRACT. This Contract. together with the exhibits hereto, contains all representations and the entire understanding between the parties hereto with respect to the subject matter hereof. Any prior correspondence. memoranda. or contracts are replaced in total by this Contract and the exhibits hereto. No amendment to this Contract shall be valid unless made in writing and signed by the appropriate parties. (SIGNATURE PAGE TO FOLLOW) 2 467 0017 121 r00701.'2 13 IN WITNESS WHEREOF. Buyer and Seller have executed this Contract by their authorized representatives. ATTEST: CITY OF ROANOKE. VIRGINIA By Dr. Lydia Pettis Patton, Interim City Manager COMMONWEALTH OF VIRGINIA CITY OF ROANOKE, to-wit: The foregoing instrument was acknowledged before me this day of . 1014. by Dr. Lydia Pettis Patton. Interim City Manager for the City of Roanoke. Virginia for and on behalf of said Municipal Corporation. My commission expires: Notary Public SEAL VIRGINIA UTILITY PROTECTION SERVICE. INC'. By B. Scott Crawford, Chief Executive Officer ' To-Wit: The foregoing instrument was acknowledged before rue this _day of 1014. by Scott Crawford of Virginia Utility Protection Service. Inc.. for and on behalf of such entity. My commission expires: Notary Public SEAL )746-oo u- u?i uoo-oV2 14 Approved as to Form: Approved as to Execution: City Attorney City Attorney Authorized by Ordinance No. 27467 00171211OO Ov2 15 EXHIBIT 1 Property Plat 27467oor 12tioo7ov2 16 EXHIBIT 2 List of Personal Property [See Attached Attachment A] Attachment A is subject to the following comments: 1. Office Furniture & chairs for Exec Offices: Most of the Exec offices do not have chairs as team members were permitted to take them home at the onset of the pandemic. The board room has chairs that will remain, and they may be able to be used as office chairs. 2. Racks, PDI's, Hardware & Install New Bldg—The term "Hardware" is removed. 3. Network Switching for New Building—This description needs to be removed or defined in more detail. 2"467 0017 12110070v2 I7 EXHIBIT 3 Excluded Items of Personal Property 1. Tipp Lite KVRN Switch & Server in Building— Seller will retain its Tipp Lite KVRN for its server infrastructure. This is not an item that can be shared between the two companies since it would give the Buyer access to the Seller's servers. If Buyer has its own separate Tipp Lite KVRN then Seller has no interest or claim to it. 2. Stack Modules Network Bridges—The stacking modules are used in Seller's Cisco switching used by the Seller's server infrastructure. Seller has no interest in any of Buyer's stacking modules should Buyer have the same. but Seller does need to retain its stacking modules. 3. Network Equip for New Building: Seller will retain the following: _, Cisco network Equipment - (Switches & Firewalls) All of this equipment is used for Seller's internal network(server infrastructure. etc) Meraki network equipment (Switches and Wireless Access Points) - This equipment is used by the Paxton physical access control system as an uplink between the datacenter and the VA811 admin wing. It is also used for the camera system in the building. Finally. it is used for the VA811 and 911 guest wireless access. Note: It is Seller's understanding that Buyer does not want this equipment because it is not one of Buyer's preferred brands of network equipment. If Buyer decides that it wants the Meraki equipment then Seller will work with Buyer to have this equipment transferred to Buyer's own Meraki cloud account. 2 467ooi- iziioo-ov-, 18 ?-46-OO1 121100-0 19 EXHIBIT 4 Amortization and Payment Schedule Equity at Closing $ 1,000,000 Par Amount $ 3,500,000 Rate 4.5% Term (Years) 5 Due Prins''=I Interest Total 1 1/31/2026 $ 640.000 $ 157.500 $ 797.500 2 1/31/2027 668.000 128.700 796,700 3 1j 31/2028 699.000 98.640 797.640 4 1/31/2029 730.000 67.185 797.185 5 1/31/2030 763.000 34.335 797,335 TOTAL $ 3,500,000 $ 486,360 $ 3,986,360 2-46-001- 121100-0v2 20 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of October 2024. No. 43081-102124. AN ORDINANCE to appropriate funding from the Commonwealth, federal and private grant for various educational programs, amending and re-ordaining certain sections of the 2024-2025 School Grant Fund Appropriations for Fiscal Year 2025, 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 2024-2025 School Grant Fund Appropriations be, and the same are hereby, amended and re-ordained to read and provide as follows for Fiscal Year 2025: APPROPRIATIONS Original Budget Changes Requested Final Budget Other Social Workers '302 -140- HOME-'1000 - 194R -61210-41134-9 -10 $ 183,992.38 $ 93,000.00 $ 276,992.38 Social Security `302 -140- HOME-1000 - 194R -61210-42201 -9 -10 18,239.18 7,114.50 $ 25,353.68 Purchased Seruces `302 -'140- HOME-'1000 - 194R -61210-43313-9 -10 48,578.56 50,481.00 $ 99,059.56 Miscellaneous Other `302 -140- HOME-1000 - 194R -61210-45586-9 -10 82,500.00 $ 82,500.00 Other Operating Supplies 302 -'140- HOME-'1000 - 194R -61210-46615-9 -10 75,000.00 13,512.03 $ 88,512.03 $ 408,310.12 $ 164,107.53 $ 572,417.65 REVENUE Original Budget Changes Requested Final Budget Federal Grant Receipts '302 -'600-'b000 -'6000 - 194R -'60000-38397-0 -00 $ 408,310.12 164,107.53 $ 572,417.65 $ 408,310.12 $ 164,107.53 $ 572,417.65 APPROPRIATIONS Original Budget Changes Requested Final Budget Coordinator '302 -160-'6000 -'1305 - 101U -61100-41124-9 -07 $ 20,168.60 $ - $ 20,168.60 Teachers `302 -160-'6000 -1305 - 101U -61100-41121 -9 -07 206,870.00 - $ 206,870.00 Instructional Assistants `302 -'160-'b000 -'1305 - 101U -61100-41141 -9 -07 52,714.01 - $ 52,714.01 Secretary/Clerical `302 -160-'6000 -1305 - 101U -61100-41151 -9 -07 4,435.20 - $ 4,435.20 Grants Accountant `302 -'L18- LMAT-'1000 - 101U -62160-41137-9 -'60 4,500.00 $ 4,500.00 Social Security "302 -160-'3000 -1305 • 101U -61100-42201 -9 -07 29,617.59 - $ 29,617.59 Purchased Seruces `302 -160-'6000 -9305 - 101U -61100-43331 -9 -01 37,345.24 $ 37,345.24 Mileage 302 -160-t000 -'1305 - 101U -61100-45551 -9 -01 8,742.26 - $ 8,742.26 Materials&Supplies '302 -'160-b000 -9305 - 101U -61100-46620-9 -07 42,223.29 - $ 42,223.29 $ 406,616.19 $ - $ 406,616.19 REVENUE Original Budget Changes Requested Final Budget Local Match SO2 -160- LMAT-11000 - 101U -'60000-72000-0 -00 $ 28,411.00 - $ 28,411.00 Federal Grant Receipts 302 -'600-'0000 -'6000 - 101U -30000-38002-0 -00 $ 378,205.19 - $ 378,205.19 $ 406,616.19 $ - $ 406,616.19 APPROPRIATIONS Original Budget Changes Requested Final Budget Coordinator 302 -'160-'6000 -1305 - 102U -61100-41121 -9 -07 $ 924.00 $ - $ 924.00 Social Security 302 -'960-'6000 -1305 - 102U -61100-42201 -9 -07 70.69 - $ 70.69 Materials&Supplies 302 -'160-'6000 -1305 - 102U -61100-46620-9 -07 5.31 $ 5.31 $ 1,000.00 $ - $ 1,000.00 REVENUE Original Budget Changes Requested Final Budget Federal Grant Receipts 302 -'600-'3000 -'6000 - 102U -'60000-38003-0 -00 $ 1,000.00 - $ 1,000.00 $ 1,000.00 $ - $ 1,000.00 APPROPRIATIONS Original Budget Changes Requested Final Budget Instruction Teachers `302 -'120-'6000 -b000 - 111U -61100-41121 -9 -02 $ 1,485,763.00 $ - $ 1,485,763.00 Supervisors 302 -120-13000 -'3000 - 111U -61100-41124-9 -02 260,258.00 - $ 260,258.00 Technical Teacher Aide "302 -120-'6000 -b000 - 111 U -61100-41141 -9 -02 337,199.04 - $ 337,199.04 Instruction Specialist 302 -120-b000 -b000 - 111U -61100-41125-9 -02 336,187.00 - $ 336,187.00 Other Psychologist `302 -'120-b000 -b000 - 111 U -61100-41132-9 -02 85,944.00 - $ 85,944.00 Supplements `302 -'120-'6000 -1)000 - 111U -61100-41129-9 -02 84,656.72 - $ 84,656.72 Retiree Health Credit `302 -120-b000 -b000 - 111U -61100-42200-9 -02 30,314.75 - $ 30,314.75 Social Security `302 -120-b000 -b000 - 111U -61100-42201 -9 -02 191,659.35 - $ 191,659.35 Virginia Retirement System `302 -'120-13000 -b000 - 111U -61100-42202-9 -02 416,389.34 $ 416,389.34 Health Insurance 302 -'120-'6000 -b000 - 111U -61100-42204-9 -02 632,232.66 $ 632,232.66 Group Life Insurance `302 -'120-'6000 -b000 - 111 U -61100-42205-9 -02 29,563.14 - $ 29,563.14 $ 3,890,167.00 $ - $ 3,890,167.00 REVENUE Original Budget Changes Requested Final Budget Federal Grant Receipts `302 -'600-'6000 -b000 - 111U -b0000-38027-0 -00 $ 3,890,167.00 - $ 3,890,167.00 $ 3,890,167.00 $ - $ 3,890,167.00 APPROPRIATIONS Original Budget Changes Requested Final Budget Personnel `302 -'170-`3000 -1160 - 119U -61100-41129-3 -03 $ 17,000.00 $ - $ 17,000.00 Employer Benefits 302 -'170-`3000 -1160 - 119U -61100-42201 -3 -03 2,000.00 - $ 2,000.00 Student Field Trips/Transportation 302 -'170-3000 -'1160 - 119U -61100-43343-3 -03 40,000.00 - $ 40,000.00 Professional Services Travel/Lodging 302 -170-3000 -'1160 - 119U -61100-45551 -3 -03 70,000.00 - $ 70,000.00 Equipment 302 -'170-3000 -1160 - 119U -61100-48210-3 -03 335,248.09 - $ 335,248.09 $ 464,248.09 $ - $ 464,248.09 REVENUE Original Budget Changes Requested Final Budget Federal Grant Receipts 302 -'600-b000 -b000 - 119U -'60000-38048-0 -00 $ 464,248.09 - $ 464,248.09 $ 464,248.09 $ - $ 464,248.09 APPROPRIATIONS Original Budget Changes Requested Final Budget Supervisors 302 -120-b000 -b000 - 111U -61100-41121 -9 -02 $ 76,894.38 $ - $ 76,894.38 Supplements 302 -'120-'6000 -b000 - 121U -61100-41129-9 -02 4,921.96 - $ 4,921.96 Retiree Health Credit 302 -'120-b000 -b000 - 121U -61100-42200-9 -02 1,783.00 - $ 1,783.00 Social Security 302 -120-t000 -b000 - 121U -61100-42201 -9 -02 7,911.00 - $ 7,911.00 Virginia Retirement System 302 -'120-b000 -b000 - 121U -61100-42202-9 -02 14,158.86 - $ 14,158.86 Health Insurance 302 -'120-'6000 -b000 - 121U -61100-42204-9 -02 15,867.15 - $ 15,867.15 Group Life Insurance 302 -'120-b000 -b000 - 121U -61100-42205-9 -02 1,538.65 - $ 1,538.65 Professional Services 302 -'120-b000 -b000 - 121U -61100-43311 -9 -02 5,500.00 - $ 5,500.00 Instructional Supplies 302 -'120-'6000 -b000 - 121U -61100-46614-9 -02 8,000.00 $ 8,000.00 $ 136,575.00 $ - $ 136,575.00 REVENUE Original Budget Changes Requested Final Budget Federal Grant Receipts 302 -b00-b000 -b000 - 121U -b0000-38173-0 -00 $ 136,575.00 - $ 136,575.00 $ 136,575.00 $ - $ 136,575.00 APPROPRIATIONS Original Budget Changes Requested Final Budget Instructional Supplies 302 -110-'6000 -1070 - 134T -61100-46614-9 -09 13,200.00 - $ 13,200.00 $ 13,200.00 $ - $ 13,200.00 REVENUE Original Budget Changes Requested Final Budget Federal Grant Receipts 302 -b00-b000 -b000 - 134T -b0000-38013-0 -00 $ 13,200.00 - $ 13,200.00 $ 13,200.00 $ - $ 13,200.00 APPROPRIATIONS Original Budget Changes Requested Final Budget Personal Services 302 -'110-b000 -'1000 - 135U -61310-41129-9 -01 $ 431,357.00 $ - $ 431,357.00 Benefits 302 -110-b000 -'1000 - 135U -61310-42201 -9 -01 66,038.63 - $ 66,038.63 Professional Services 302 -'110-b000 -1000 - 135U -61310-43382-2 -01 317,569.64 - $ 317,569.64 Professional Tuition 302 -'110-b000 -'1000 - 135U -61310-43382-b -110 37,000.00 - $ 37,000.00 Travel Mileage 302 -110-b000 -'1000 - 135U -61310-45552-2 -01 2,000.00 - $ 2,000.00 Travel Conventions/Education 302 -'110-b000 -'1000 - 135U -61310-45554-'6 -b0 28,900.00 - $ 28,900.00 Materials&Supplies 302 -'110-b000 -'1000 - 135U -61310-46601 -9 -b0 3,550.62 - $ 3,550.62 $ 886,415.89 $ - $ 886,415.89 REVENUE Original Budget Changes Requested Final Budget Federal Grant Receipts 302 -b00-b000 -b000 - 135U -b0000-38367-0 -00 $ 886,415.89 - $ 886,415.89 $ 886,415.899 $ - $ 886,415.89 • APPROPRIATIONS Original Budget Changes Requested Final Budget Personal Services `302 -'110-1101 -1000 - 137U -61310-41129-9 -01 $ 39,896.00 $ - $ 39,896.00 Benefits '302 -110-1101 -1000 - 137U -61310-42201 -9 -01 12,835.94 - $ 12,835.94 Professional Other,Professional Services 302 -'110-1101 -'1000 - 137U -61310-43313-9 -01 89,708.04 - $ 89,708.04 Internal Printing 302 -'110-'1101 -1000 - 137U -61310-44450-9 -01 542.83 - $ 542.83 Travel 302 -'110-1101 -'1000 - 137U -61310-45551 -9 -30 5,428.32 $ 5,428.32 Materials&Supplies 302 -110-1101 -1000 - 137U -61310-46613-9 -01 67,635.22 - $ 67,635.22 $ 216,046.35 $ - $ 216,046.35 REVENUE Original Budget Changes Requested Final Budget Federal Grant Receipts 302 -'600-'6000 -6000 - 137U -60000-38365-0 -00 $ 216,046.35 - $ 216,046.35 $ 216,046.35 $ - $ 216,046.35 APPROPRIATIONS Original Budget Changes Requested Final Budget Personal Services 302 -'110-'6000 -3000 - 138U -61100-41138-9 -01 $ 25,000.00 $ - $ 25,000.00 Benefits 302 -110-'6000 -3000 - 138U -61100-42201 -9 -01 1,915.00 - $ 1,915.00 Professional Purchased Services 302 -'110-'6000 -'6000 - 138U -61100-43381 -9 -01 485,383.00 - $ 485,383.00 Travel 302 -110-'6000 -t000 - 138U -61310-45551 -9 -60 6,193.59 $ 6,193.59 Instructional Material 302 -'110-'6000 -'6000 - 138U -61100-46630-9 -01 52,000.00 - $ 52,000.00 $ 570,491.59 $ - $ 570,491.59 REVENUE Original Budget Changes Requested Final Budget Federal Grant Receipts 302 -'600-'6000 -'6000 - 137U -30000-38365-0 -00 $ 570,491.59 - $ 570,491.59 $ 570,491.59 $ - $ 570,491.59 APPROPRIATIONS Original Budget Changes Requested Final Budget Personal Services 302 -300-3000 -3000 - 169U -61310-41141 -9 -01 $ 13,480.75 $ - $ 13,480.75 Benefits 302 -'600-'6000 -t000 - 169U -61310-42204-9 -01 927.27 - $ 927.27 Materials&Supplies 302 -'600-'6000 -'6000 - 169U -61310-46630-9 -01 1,925.82 - $ 1,925.82 $ 16,333.84 $ - $ 16,333.84 REVENUE Original Budget Changes Requested Final Budget Federal Grant Receipts 302 -300-'6000 -'6000 - 169U -30000-38365-0 -00 $ 16,333.84 - $ 16,333.84 $ 16,333.84 $ - $ 16,333.84 APPROPRIATIONS Original Budget Changes Requested Final Budget Equipment 302 -'253-'6000 -3000 - 230T -68300-48821 -9 -'60 149,707.35 - $ 149,707.35 $ 149,707.35 $ - $ 149,707.35 REVENUE Original Budget Changes Requested Final Budget Federal Grant Receipts 302 -300-'6000 -3000 - 230T -'60000-38565-0 -00 $ 149,707.35 - $ 149,707.35 $ 149,707.35 $ - $ 149,707.35 APPROPRIATIONS Original Budget Changes Requested Final Budget Juvenile Detention Education Coordinators/Instructors 302 -'110-'6000 -1070 - 316U -61100-41138-9 -09 $ 729,731.00 $ - $ 729,731.00 Retiree Health Credit 302 -'110-'6000 -'1070 - 316U -61100-42200-9 -09 8,829.74 - $ 8,829.74 Social Security/FICA 302 -'110-'6000 -1070 - 316U -61100-42201 -9 -09 55,824.42 - $ 55,824.42 Virginia Retirement System 302 -'110-3000 -'1070 - 316U -61100-42202-9 -09 121,281.28 - $ 121,281.28 Health/Dental Insurance 302 -'110-'6000 -1070 - 316U -61100-42204-9 -09 126,076.82 - $ 126,076.82 State Group Life Insurance '302 -'110-3000 -'1070 - 316U -61100-42205-9 -09 9,788.39 - $ 9,788.39 Mileage 302 -110-3000 -1070 - 316U -61100-45551 -9 -09 9,500.00 - $ 9,500.00 Indirect Costs 302 -'110-3000 -1070 - 316U -61100-62000-9 -09 49,341.00 $ 49,341.00 Related Services 302 -110-3000 -1070 - 316U -61100-43313-9 -09 1,000.00 - $ 1,000.00 Instructional Supplies 302 -110-3000 -'1070 - 316U -61100-46600-9 -09 43,900.00 - $ 43,960.00 Internet Services '302 -'110-3000 -1070 - 316U -61100-45523-9 -09 12,000.00 - $ 12,000.00 Technology 302 -110-3000 -1070 - 316U -61100-46650-9 -09 900.00 - $ 900.00 Child Development Clinics Education Coordinators 302 -'110-3000 -'1400 - 316U -61100-41138-9 -09 257,093.00 - $ 257,093.00 Retiree Health Credit 302 -'110-3000 -1400 - 316U -61100-42200-9 -09 3,028.05 - $ 3,028.05 Social Security/FICA 302 -'110-3000 -'1400 - 316U -61100-42201 -9 -09 19,144.31 $ 19,144.31 Virginia Retirement System 302 -110-3000 -'1400 - 316U -61100-42202-9 -09 41,591.95 $ 41,591.95 Health/Dental Insurance 302 -'110-3000 -1400 - 316U -61100-42204-9 -09 56,394.66 $ 56,394.66 State Group Life Insurance 302 -'110-3000 -'1400 - 316U -61100-42205-9 -09 3,353.38 $ 3,353.38 $ 1,548,778.00'8 - $ 1,548,778.00 REVENUE Original Budget Changes Requested Final Budget State Grant Receipts 302 -300-3000 -3000 - 316U -30000-32220-0 -00 $ 1,548,778.00 - $ 1,548,778.00 $ 1,548,778.00 $ - $ 1,548,778.00 APPROPRIATIONS Original Budget Changes Requested Final Budget Instruction-Teacher '302 -191 -'1302 -T1553 - 325U -61100-41121 -3 -13 $ 142,317.05 $ - $ 142,317.05 Retiree Health Credit '102 -'191 -'1302 -'6553 - 325U -61100-42200-3 -13 973.21 - $ 973.21 Social Security '302 -'191 -'1302 -'6553 - 325U -61100-42201 -3 -13 6,187.65 - $ 6,187.65 Retirement-VRS '302 -'191 -1302 -b553 - 325U -61100-42202-3 -13 18,074.89 - $ 18,074.89 Health/Dental Insurance '302 -'191 -'1302 -'6553 - 325U -61100-42204-3 -13 10,673.40 - $ 10,673.40 Group Life Insurance '302 -191 -'1302 -'6553 - 325U -61100-42205-3 -13 1,077.80 - $ 1,077.80 Payment of Joint Operations '302 -191 -'6000 -'6553 - 325U -61100-47701 -9 -13 114,545.00 - $ 114,545.00 $ 293,849.00 $ - $ 293,849.00 REVENUE Original Budget Changes Requested Final Budget State Grant Receipts '102 -'600-'0000 -U553 - 325U -'60000-32272-0 -00 $ 293,849.00 - $ 293,849.00 $ 293,849.00 $ - $ 293,849.00 APPROPRIATIONS Original Budget Changes Requested Final Budget Data Processing Equipment '102 -'280-'6000 -1000 - 329U -68200-48826-3 -01 $ 808,800.00 $ - $ 808,800.00 Data Processing Equipment-Govemor's School '302 -'680-T3000 -1170 - 329U -68200-48826-3 -01 26,000.00 - $ 26,000.00 Data Processing Equipment-Noel C.Taylor 002 -080-'6000 -'6553 - 329U -68200-48826-3 -01 26,000.00 - $ 26,000.00 $ 860,800.00 $ - $ 860,800.00 REVENUE Original Budget Changes Requested Final Budget State Grant Receipts '302 -'600-'6000 -t000 - 329U -'60000-32104-0 -00 $ 726,000.00 - $ 726,000.00 Local Match '302 -'600-U0o0 -0000 - 329U -b0000-72000-0 -00 $ 134,800.00 - $ 134,800.00 $ 860,800.00'$ - $ 860,800.00 APPROPRIATIONS Original Budget Changes Requested Final Budget Teacher '102 -'120-'6000 -'1050 - 330U -61100-41121 -9 -09 $ 58,432.00 $ - $ 58,432.00 0.5 FTE Administrative Support '102 -'120-'6000 -'1050 - 330U -61410-41151 -9 -09 7,115.38 - $ 7,115.38 Retiree Health Credit `302 -'120-'6000 -'1050 - 330U -61410-42200-9 -09 893.25 - $ 893.25 Social Security 902 -'120-'6000 -1050 - 330U -61410-42201 -9 -09 5,214.37 - $ 5,214.37 Retirement-VRS '302 -'120-'6000 -'1050 - 330U -61410-42202-9 -09 11,193.97 - $ 11,193.97 Health/Dental Insurance '102 -'120-'6000 -1050 - 330U -61410-42204-9 -09 8,189.91 - $ 8,189.91 Group Life Insurance '102 -'120-'6000 -'1050 - 330U -61410-42205-9 -09 878.33 - $ 878.33 Other Professional Services '102 -'120-'6000 -'1050 - 330U -61100-43313-3 -02 500.00 $ 500.00 Communication Telecommunication 'd02 -120-'6000 -'1050 - 330U -68200-45523-3 -02 2,100.00 - $ 2,100.00 Materials&Supplies '302 -120-'6000 -'1050 - 330U -61310-46601 -3 -02 400.00 - $ 400.00 $ 94,917.21 $ - $ 94,917.21 REVENUE Original Budget Changes Requested Final Budget State Grant Receipts '102 -'600-'6000 -U000 - 330U -'0000-32418-0 -00 $ 94,917.21 - $ 94,917.21 $ 94,917.21 $ - $ 94,917.21 APPROPRIATIONS Original Budget Changes Requested Final Budget Operations Security Services '102 -'253-'6000 -1000 - 351U -64600-41121 -'6 -'60 $ 105,546.00 $ - $ 105,546.00 Social Security '02 -'253-'6000 -'1000 - 351U -64600-42201 -'6 -'60 $ 9,699.00 $ 9,699.00 Virginia Retirement System '302 -'253-'6000 -1000 - 351U -64600-42202-'6 -'60 $ 23,880.00 $ 23,880.00 Group Life Insurance '302 -'253-'6000 -1000 - 351U -64600-42205-'0 -T10 1,926.00 - $ 1,926.00 Health Insurance '002 -'253-'6000 -1000 - 351U -64600-42204-'6 -'60 8,640.00 - $ 8,640.00 $ 149,691.00 $ - $ 149,691.00 REVENUE Original Budget Changes Requested Final Budget State Grant Receipts '602 -'600-'6000 -'6000 - 351U -U0000-32089-0 -00 $ 98,976.00 - $ 98,976.00 Local Match '302 -'600-'6000 -'6000 - 351U -00000-72000-0 -00 $ 50,715.00 - $ 50,715.00 $ 149,691.00'$ - $ 149,691.00 APPROPRIATIONS Original Budget Changes Requested Final Budget Coordinator '302 '160-'6000 -1305 - 325U -61100-41124-9 -'67 55,123.00 - $ 55,123.00 Social Security '302 -'160-'6000 -1305 - 325U -61100-42201 -9 -'67 24,805.00 - $ 24,805.00 $ 79,928.00'$ - $ 79,928.00 REVENUE Original Budget Changes Requested Final Budget State Grant Receipts '302 -'160-'6000 -U000 - 325U -'60000-32239-0 -00 $ 79,928.30 - $ 79,928.30 $ 79,928.30 $ - $ 79,928.30 APPROPRIATIONS Original Budget Changes Requested Final Budget Adult Ed Teacher 302 - 160- 0000 - 1305 - 353U -61100-41121 -9 -07 29,970.00 - $ 29,970.00 Social Security 302 - 160-0000 -1305 - 353U -61100-42201 -9 -07 2,292.70 - $ 2,292.70 Materials&Supplies 302 - 160- 0000 - 1305 - 353U -61100-46620-9 -07 5,018.27 - $ 5,018.27 $ 37,280.97 $ - $ 37,280.97 REVENUE Original Budget Changes Requested Final Budget State Grant Receipts 302 - 000- 0000 -0000 - 353U -00000-32240-0 -00 $ 37,280.97 - $ 37,280.97 $ 37,280.97 $ - $ 37,280.97 APPROPRIATIONS Original Budget Changes Requested Final Budget Teacher `302 -'160-b000 -.1305 - 354U -61100-41121 -9 -b7 11,268.00 - $ 11,268.00 Social Security "302 -160-10000 -'1305 - 354U -61100-42201 -9 -1)7 862.00 - $ 862.00 Materials&Supplies b02 -160-'0000 -1305 - 354U -61100-46620-9 -1)7 3,200.62 - $ 3,200.62 $ 15,330.62'$ - $ 15,330.62 REVENUE Original Budget Changes Requested Final Budget State Grant Receipts `302 -'160-1)000 -b000 - 354U -b0000-32297-0 -00 $ 15,330.62 - $ 15,330.62 $ 15,330.62 $ - $ 15,330.62 APPROPRIATIONS Original Budget Changes Requested Final Budget Teachers b02 -'160-b000 -1305 - 355U -61100-41121 -9 -07 $ 24,500.00 $ - $ 24,500.00 Social Security '302 -'160-b000 -1305 - 355U -61100-42201 -9 -07 $ 3,555.00 $ 3,555.00 Purchased Services '302 -160-1)000 -1305 - 355U -61100-43331 -9 -07 $ 10,425.30 $ 10,425.30 Materials&Supplies 302 -'160-b000 -'1305 - 355U -61100-46620-9 -07 30,481.80 - $ 30,481.80 $ 68,962.10 $ - $ 68,962.10 REVENUE Original Budget Changes Requested Final Budget State Grant Receipts `302 -'160-b000 -b000 - 355U -b0000-32298-0 -00 $ 68,962.10 - $ 68,962.10 $ 68,962.10 $ 68,962.10 APPROPRIATIONS Original Budget Changes Requested Final Budget Operations Security Services 102 -¶53-1)000 -'1000 - 361U -64600-41121 -b -b0 $ 351,820.00 $ - $ 351,820.00 Social Security '302 -'153-b000 -1000 - 361U -64600-42201 -b -1)0 32,330.00 - $ 32,330.00 Virginia Retirement System "302 -"153-b000 -'1000 - 361U -64600-42202-b -b0 79,600.00 - $ 79,600.00 Group Life Insurance '302 -'253-b000 -1000 - 361U -64600-42205-b -b0 6,420.00 - $ 6,420.00 Health Insurance `302 -"153-b000 -1000 - 361U -64600-42205-b -b0 28,800.00 - $ 28,800.00 $ 498,970.00 $ - $ 498,970.00 REVENUE Original Budget Changes Requested Final Budget State Grant Receipts 902 -b00-b000 -b000 - 361U -b0000-32089-0 -00 $ 329,970.00 - $ 329,970.00 Local Match '302 -b00-'0000 -b000 - 361U -130000-72000-0 -00 $ 169,000.00 - $ 169,000.00 $ 498,970.00'$ - $ 498,970.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: L1 ���� d- City Clerk Roanoke * Office of the School Board City PUBLIC • Eli C.S. Jamison, Ph.D., Chair • Franny Apel,Vice Chair SCHOOLS Joyce W. Watkins • Auraliz C. Quintana • Deidre E. Trigg Michael L. Cherry, II • Natasha N. Saunders October 21, 2024 The Honorable Sherman P. Lea Sr., Mayor And members of Roanoke City Council Roanoke, Virginia 24011 Dear Mayor Lea and Members of Council: As a result of official School Board action on Tuesday, October 8, 2024, the Board respectfully requests that City Council approve the following appropriation requests: Revised Appropriations Award American Rescue Plan (ARP) Act Elementary and Secondary School $164,107.53 Emergency Relief Fund(ESSER) for Homeless I & II Children and Youth 2021-22 New Appropriations Award Adult Basic Education 2024-25 $406,616.19 Corrections and Institutionalized Individuals 2024-25 $1,000.00 IDEA Part B, Section 611, Flow-Through 2024-25 $3,890,167.00 Carl D. Perkins Career and Technical Education(CTE) Allocation 2024-25 $464,248.09 IDEA Part B, Section 619, Preschool 2024-25 $136,575.00 Title I, Part D,Neglected and Delinquent 2023-24 $13,200.00 Title II, Part A, Improving Teacher Quality 2024-25 $886,415.89 Title III,Part A, Limited English Proficient (LEP) 2024-25 $216,046.35 Title IV, Part A, Student Support and Academic Enrichment 2024-25 $570,491.59 Title III,Part A, Immigrant Children and Youth Award 2024-25 $16,333.84 School Safety and Security Grant 2023-24 $149,707.35 State Operated Programs: Juvenile Detention Home and Child Development $1,548,778.00 Clinics 2024-25 41,tsi Roanoke • Office of the School Board PUBLIC • Eli C.S. Jamison, Ph.D., Chair • Franny Apel, Vice Chair City SCHOOLS Joyce W. Watkins • Auraliz C. Quintana • Deidre E. Trigg Michael L. Cherry, II • Natasha N. Saunders New Appropriations Award Regional Alternative Education 2024-25 $293,849.00 School Instructional Technology Virginia Public School Authority (VPSA) $860,800.00 Bond Funds, Series XXIV 2024-25 Special Education in Local and Regional Jails 2024-25 $94,917.21 School Resource Officer (SRO)/School Security Officer (SSO) $149,691.00 Incentive Grant Program 25-267-C State Leading Coordinating Agency 2024-25 $79,928.30 General Adult Education 2024-25 $37,280.97 PluggedIn VA 2024-25 $15,330.62 RACE to GED 2024-25 $68,962.10 School Resource Officer(SRO)/School Security Officer (SSO) $498,970.00 Incentive Grant Program 25-437-B On behalf of the School Board, thank you for your consideration. Sincerely, -into cc( Kim Tresky School Board Clerk pc: Cecelia Webb(original) Tim Spencer Margaret Lindsey N: 1 t I', (}_ L'<i;, f o. nrk: -•U' p its{ _ City Manager's Report Submitted by: Margaret Lindsey Department of Finance ROANOKE October 21, 2024 Title: A report of the Roanoke City School Board requesting appropriation of funds for various educational programs; and a report of the Interim City Manager recommending that Council concur in the request. Donna Caldwell, Director of Accounting, Spokesperson. Background: As the result of official Roanoke City School Board action on Tuesday, October 8, 2024, the Board respectfully requests that City Council appropriate funding as outlined in this report. The 2021-22 American Rescue Plan (ARP) Act Elementary and Secondary School Emergency Relief Fund (ESSER) for Homeless I & II Children and Youth provides emergency relief funds for the education of homeless children and youth. This appropriation aligns the total with the revised award amount. The program will be fully reimbursed by federal funds and ended September 30, 2024. 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 $378,205. Matching funds are provided in the amount of $28,411. The program will end June 30, 2025. This is a continuing program. The Corrections and Institutionalized Individuals program provides educational services and workforce preparation to students in corrections institutions such as local jails, prisons, and halfway houses. The program will be reimbursed by federal funds in the amount of $1,000, for which Roanoke City Public Schools serves as fiscal agent. This is a continuing program that will end June 30, 2025. The 2024-25 IDEA Part B, Section 611, Flow-Through program provides aid for the education and guidance of students with disabilities. The program will be fully reimbursed by federal funds and will end September 30, 2026. This is a continuing program. The Carl D. Perkins Career and Technical Education (CTE) grant provides funding to increase focus on the academic achievement of career and technical education students, strengthen connections between secondary and postsecondary education, and improve state and local accountability. The program will be fully reimbursed by federal funds and will end June 30, 2025. The 2024-25 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 and will end September 30, 2026. This is a continuing program. The Title I, Part D Neglected and Delinquent award provides funds to support literacy initiatives at the Roanoke Valley Juvenile Detention Center. This program will be fully reimbursed by federal funds and will end September 30, 2025. This is a continuing program. The 2024-25 Title II, Part A, Improving Teacher Quality grant was awarded to Roanoke City Public Schools from federal funding for preparing, training, and recruiting high-quality teachers and principals that are capable of ensuring all children are prepared to achieve high standards. The grant period will end September 30, 2026. This is a continuing program. The 2024-25 Title III, Part A. Limited English Proficient (LEP) grant was awarded to Roanoke City Public Schools from federal funding to support programs to improve the education of limited English proficient children and youth by helping them learn English and meet challenging state content and achievement standards. The grant period will end September 30, 2026. This is a continuing program. The 2024-25 Title IV, Part A, Student Support and Academic Enrichment Federal Programs grant provides federal assistance to Roanoke City Public Schools for improving students' academic achievement. The program aids in increasing the capacity of the school division to provide all students with access to a well-rounded education, to improve school conditions for student learning, and to enhance the use of technology in order to improve the academic achievement and digital literacy of all students. The grant period will end September 30, 2026. This is a continuing program. The 2024-25 Title III, Part A, Immigrant Children and Youth award provides additional financial assistance to Roanoke City Public Schools to enhance instructional opportunities for immigrant children and youth. This award was received based on meeting the state's criteria for significant increases in numbers of immigrant students. The grant period will end September 30, 2026. The one-time School Safety and Security grant program award supports the purchase of security equipment to improve and help ensure the safety of students attending public schools in Virginia. The program will be fully reimbursed by state federal funds and will end December 31, 2025. This is a new award. State Operated Programs constitutes educational services provided at the Roanoke Valley Juvenile Detention Home and the Virginia Department of Health's Roanoke Child Development Clinics. The program will be fully reimbursed by state funds and will end March 31. 2025. This is a continuing program. The Regional Alternative Education Program grant provides funds for accelerated academic programming for students who are below grade level academically. The program will be fully reimbursed by state funds and will end June 30, 2025. 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 and the required local match. 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 and will end March 31, 2025. This is a continuing program. The School Resource Officer (SRO)/School Security Officer (SSO) Incentive Grant Program provides funding to localities to place either a School Resource Officer or School Security Officer in elementary and secondary schools where none currently exist. Specifically, these funds will provide SSOs at Hurt Park and Fairview Elementary Schools and John P. Fishwick Middle School. This is a pass through from the City of Roanoke. The program will be fully reimbursed from state funds and will end June 30, 2025. The 2024-25 Virginia State Leading Coordinating Agency program provides funds to be used to support the position of Regional Program Manager or other administrative expenses related to coordinating adult education services for the region. The regional program is reimbursed 100% by state funds, for which Roanoke City Public Schools serves as fiscal agent. This is a continuing program that will end May 31, 2025. The 2024-25 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, for which Roanoke City Public Schools serves as fiscal agent. This is a continuing program that will end May 31, 2025. The 2024-25 "Pluggedln" VA program is the Virginia initiative to provide support for workforce development in adult education programs. Funds can be assigned to instruction and supplies needed to prepare students for the labor market. The regional program is reimbursed 100% by state funds, for which Roanoke City Public Schools serves as fiscal agent. This is a continuing program that will end May 31, 2025. The 2024-25 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 regional program is reimbursed 100% by state funds, for which Roanoke City Public Schools serves as fiscal agent. This is a continuing program that will end May 31, 2025. The School Resource Officer (SRO)/School Security Officer (SSO) Incentive Grant Program provides funding to localities to place either a School Resource Officer or School Security Officer in elementary and secondary schools where none currently exist. Specifically, these funds will be used to provide twelve SSOs at the following elementary schools: Crystal Spring, Fallon Park. Grandin Court, Highland Park, Lincoln Terrace, Monterey, Preston Park, Roanoke Academy for Math and Science, Round Hill, and Westside. This is a pass through from the City of Roanoke. The program will be fully reimbursed from state funds and will end June 30, 2025. Recommended Action: We recommend that Council concur with this report of the School Board and adopt the attached budget ordinance to establish revenue estimates and to appropriate funding as outlined. c> 1° 12X1. 7 Lydia Patton, Interim City Manager W t I � -� ' CITY OF ROANOKE OFFICE OF THE CITY CLERK {" .72 =' 215 Church Avenue,S. W.,Room 456 N' Roanoke,Virginia 24011-1536 OitISS Telephone: (540)853-2541 Fax: (540)853-1145 E-mail: clerkCroanokeva.gov CECELIA F.MCCOY,CMC CECELIA T.WEBB,CMC Cite Clerk Deputy City Clerk RUTH VISUETE PEREZ Assistant Deputy City Clerk October 22, 2024 Aileen Helsel 2222 Broadway Avenue, S. W. Roanoke, Virginia 24014 Dear Ms. Helsel: I am enclosing copy of Resolution No. 43082-102124 appointing you as a Director of the Economic Development Authority of the City of Roanoke for a four-year term of office commencing October 21, 2024 and ending October 20, 2028. The above referenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, October 21, 2024. Enclosed you will find a Certificate of your appointment and two copies of an Oath or Affirmation of Office form. Below are the next steps: 1. Please take both copies of the form to the Clerk of the Circuit Court of the City of Roanoke to have the oath administered. It is located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. The Clerk of the Circuit Court office will keep a copy on file. 2. Please request from the Clerk of Circuit Court to send one copy of the Oath or Affirmation of Office form to the City Clerk's Office. 3. Please complete and return the Virginia Conflict of Interest and Ethics Advisory Council Financial Disclosure Form. A handwritten signature is required on the form. The Oath or Affirmation of Office form must be completed prior to serving in the capacity to which you were appointed. The deadline to submit your oath is November 18, 2024. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act (transmitted via email). The Act requires that you be provided with a copy within two weeks of your appointment and each member is required "to read and become familiar with provisions of the Act." On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve the City of Roanoke as a member of the Economic Development Authority. Sincerely, COI • Cecelia F. McCoy, CMC City Clerk Enclosures pc: Harwell M. Darby, Jr., Board Secretary, Economic Development Authority, with application COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Cecelia F. McCoy, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the twenty-first day of October 2024, AILEEN HELSEL, was appointed as a member of the Economic Development Authority to replace William Poe for a four-year term of office commencing October 21, 2024 and ending October 20, 2028. Given under my hand and the Seal of the City of Roanoke this twenty-second day of October 2024. (14241-c; (1)2e-e-diA)- City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21'day of October 2024. No. 43082-102124. A RESOLUTION appointing a Director to the Board of Directors of the Economic Development Authority of the City of Roanoke, Virginia. WHEREAS,the Council is advised that there is a vacancy in the position of a Director to the Board of Directors of the Economic Development Authority of the City of Roanoke,Virginia; and WHEREAS, Section 15.2-4904, Code of Virginia (1950), as amended, provides that appointments made by the governing body of such Directors shall be made for terms of four (4) years. THEREFORE,BE IT RESOLVED by the Council of the City of Roanoke that Aileen Helsel is hereby appointed as a Director to the Board of Directors of the Economic Development Authority of the City of Roanoke, Virginia, for a term commencing October 21, 2024, and expiring October 20, 2028. ATTEST: C.ee....eAet.. ft-V4-• Cir2"-67- - City Clerk. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of October 2024. No. 43083-102124. A RESOLUTION ratifying and confirming the retroactive declaration of local emergency by the Interim City Manager as the Director of Emergency Management, conferring emergency powers in the Interim City Manager as Director of Emergency Management; authorizing the Interim City Manager to make application for Federal and State public assistance to deal with such emergency; designating a fiscal agent and an agent for submission of financial information for the City; and calling upon the Federal and State governments for assistance. WHEREAS, on September 25, 2024, Governor Glenn Youngkin issued Executive Order No. Thirty-Seven declaring a state of emergency existed throughout the Commonwealth of Virginia with respect to a significant weather event involving Hurricane/Tropical Storm Helene; WHEREAS, Virginia Code Section 44-146.21 provides authority for political subdivisions such as the City of Roanoke to declare a state of local emergency and protect the health and safety of persons and property and provide emergency assistance to the victims of such disaster, and proceed without regard to time-consuming procedures and formalities prescribed by law (except mandatory constitutional requirements) pertaining to the performance of public work, entering into contracts, incurring of obligations, employment of temporary workers, rental of equipment, purchase of supplies and materials and other expenditures of public funds; WHEREAS, pursuant to the provisions of Section 44-146.21, Code of Virginia, on October 18, 2024, the City Manager declared a state of local emergency existed in the City of Roanoke retroactive to September 27, 2024, due to the heavy rain and flooding caused by Hurricane/Tropical Storm Helene and its impact on the City and its citizens, which declaration of state of local emergency City Council must confirm at its next regularly scheduled meeting, or at a special meeting within 45 days of the declaration, whichever occurs first; and WHEREAS, the Council of the City of Roanoke (Council) recognizes that a condition of extreme peril existed in the City of Roanoke on September 27, 2024, due to the heavy rain and anticipated flooding caused by Hurricane/Tropical Storm Helene, which necessitated the declaration of the state of local emergency by the Interim City Manager. NOW THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Council confirms that a state of local emergency existed throughout the City of Roanoke retroactive to September 27, 2024 due to Hurricane/Tropical Storm Helene, which local emergency will end on 12:01am on November 27, 2024, and Council hereby confirms and ratifies the retroactive declaration of the state of local emergency made by the Interim City Manager, as the Director of Emergency Management for the City of Roanoke, on September 27, 2024, which will end on 12:01am on November 27, 2024, for all territory throughout the City of Roanoke, Virginia. 2. Council hereby ratifies and confirms that during the period of the local emergency confirmed by this Resolution, the Interim City Manager, as Director of Emergency Management, possessed and continues to possess those powers, functions, and duties during the period of the local emergency as prescribed by the Code of Virginia (1950) as amended, the City of Roanoke Charter of 1952, the Code of the City of Roanoke (1979), as amended, and the Emergency Operations Plan approved by this Council, in order to further the public health, safety, and welfare, address the needs of the people of the City of Roanoke, and mitigate the effects of such emergency. 3. The Interim City Manager is hereby retroactively authorized for and on behalf of the City to execute applications, in form approved by the City Attorney, for Federal and State public assistance as is necessary and proper to meet this emergency, and to provide to Federal and State agencies for all matters relating to Federal and State disaster assistance the assurances and agreements required by the Federal Emergency Management Agency and other agencies of the State and Federal government. 4. The City's Director of Finance, is hereby designated as the City's fiscal agent to receive, deposit and account for Federal and State funds made available to the City to meet the emergency declared by this Resolution and is hereby designated as the City agent for executing and submitting appropriate documentation and information regarding Federal and State reimbursement for this emergency. 5. The Council calls upon the Federal and State governments to take steps to afford to the City of Roanoke public aid and assistance as is necessary and proper to meet this emergency. 6. The City Clerk is directed to forward an attested copy of this resolution to the State Coordinator of Emergency Management. ATTEST: C..2,efic,L, City Clerk. - 01 R°44% CITY OF ROANOKE ...Air' � OFFICE OF THE CITY CLERK i . 215 Church Avenue,S.W.,Room 456 Roanoke,Virginia 24011-1536 t) Telephone: (540)853-2541 Fax: (540)853-1145 E-mail: clerk@roanokeva.gov CECELIA F.MCCOY,CMC CECELIA T.WEBB,CMC City Clerk Deputy City Clerk RUTH VISUETE PEREZ Assistant Deputy City Clerk October 22, 2024 Mario L. Williams 1038 Beechwood Dr. SW Roanoke, VA 24014 Dear Mario Williams: Enclosed is a copy of Ordinance No. 43084-102124 to vacate an approximately 50 foot wide portion of Carl Road SW that extends southwest from the intersection with Beechwood Avenue SW adjacent to Official Tax Map No. 1290304, approximately 130 feet to the northeast boundary with Official Tax Map Number 1290130, and containing approximately 7,864 square feet. The above referenced measure was adopted by the Council of the City of Roanoke at the regular meeting held on Monday, October 21, 2024. Sincerely, Cecelia F. McCoy, CMC City Clerk Enclosure pc: Mary E. Stewart, 3325 Kingsbury Cir, Roanoke, VA 24014 Eugene B. & Martha B. Knighton, 4457 Brambleton Ave. SW, Roanoke, VA 24018 Nathan S. Umberger, 119 Lynn Circle, Middletown, DE 19709 Michael G & Teresa Maria Birmingham, 5949 Saddleridge Rd, SW, Roanoke, VA 24018 M&J Real Estate, LLC, Attn: Michael Bowie, 4052 Southmont Dr. SW, Roanoke, VA 24014 Taylor C. Johnson, 1035 Beechwood Dr. SW, Roanoke, VA 24014 The Honorable Brenda Hamilton, Circuit Court Clerk Dr. Lydia Patton, Interim City Manager Angela O'Brien, Deputy City Manager Christopher Chittum, Director, Planning Building & Development Timothy Spencer, City Attorney Laura Carini, Senior Assistant City Attorney Kelvin Bratton, Director of Real Estate Valuation Luke Pugh, City Engineer Emily Clark, Secretary to the City Planning Commission PUBLIC RIGHT OF WAY LOCATED ADJACENT TO OFFICIAL TAX MAP NOS. 1290304 and 1290130 PROPERTY OWNER:MARIO L.WILLIAMS IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21'day of October 2024. No. 43084-102124. AN ORDINANCE permanently vacating, discontinuing and closing an approximately 50 foot wide portion of Carl Road, S.W. that extends southwest from the intersection with Beechwood Drive, S.W., adjacent to Official Tax Map No. 1290304 approximately 130 feet to the northeast boundary with Official Tax Map No. 1290130 and containing approximately 7,700 square feet, as more particularly described hereinafter; and dispensing with the second reading of this ordinance by title. WHEREAS, Mario L. Williams filed an application with the Council of the City of Roanoke, Virginia ("City Council"), in accordance with law, requesting City Council to permanently vacate, discontinue and close a certain public right-of-way described hereinafter; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held on such application by City Council on October 21, 2024, after due and timely notice thereof as required by §30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such application; 1 WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, City Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing such public right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situated in the City of Roanoke, Virginia, and more particularly described as follows: 50 foot wide portion of Carl Road, S.W. that extends southwest from the intersection with Beechwood Drive, S.W. adjacent to Official Tax Map No. 1290304 approximately 130 feet to the northeast boundary with Official Tax Map No. 1290130 and containing approximately 7,700 square feet. be, and is hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as City Council is empowered so to do with respect to the closed portion of the right-of-way, reserving however, to the City of Roanoke and any utility company or public authority, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas, telephone service, or stormwater, an easement for sanitary sewer and water mains, television cable, electric wires, gas lines, telephone lines, stormwater facilities, and related facilities that may now be located in or across such public right-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment 2 of use or permanent removal from the above-described public right-of-way of any such municipal installation or other utility or facility by the owner thereof 1. The applicant shall submit a subdivision plat to the Agent for the Planning Commission, receive all required approvals of, and record the plat with the Clerk of the Circuit Court for the City of Roanoke. Such plat shall combine all properties which would otherwise dispose of the land within the right-of-way to be vacated in a manner consistent with law, and retain appropriate easements for the installation and maintenance of any and all existing utilities that may be located within the right-of-way, including the right of ingress and egress. Said subdivision plat shall include a 20 foot by 20 foot access easement and a 20 foot by 50 foot public water and sewer easement. Said subdivision plat shall also at a minimum, combine the vacated right of way with Tax Map Number 1290130, which the applicant also owns, to ensure street frontage for that parcel in accordance with current zoning code. 2. Prior to receiving all required approvals of the subdivision plat referenced in the previous paragraph, the applicant shall give to the Treasurer for the City of Roanoke a certified check or cash in the amount of Three Thousand One Hundred dollars ($3,100) as consideration pursuant to §15.2-2008, Code of Virginia (1950), as amended, for the vacated right-of-way, or offset the valuation with improvements made within the public right-of-way that are approved by the Agent for the Planning Commission and executed through a memorandum of understanding between the applicant and the City of Roanoke. 3. The applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are recorded in such Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as 3 Grantor, and in the name of the applicant, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. 4. The applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. 5. If the above conditions have not been met within a period of one year from the date of the adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary, unless extended by the Agent for the Planning Commission for an additional six (6) months prior to the end of the one year period. 6. Pursuant to the provisions of §12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: 0-e e.4 t Zet VYI-e-d et City Clerk. 4 V CITY COUNCIL AGENDA REPORTt. To: Honorable Mayor and Members of City Council Meeting: October 21 . 2024 Subject: Application from Mario Williams to vacate an approximately 50 foot wide portion of Carl Road SW that extends southwest from the intersection with Beechwood Drive SW adjacent to Official Tax Map No. 1290304 approximately 1 30 feet to the northeast boundary with Official Tax Map Number 1290130 and containing approximately 7.700 square feet. Recommendation The Planning Commission held a public hearing on Tuesday, October 15, 2024. By a vote of 6-0, with Ms. Smith absent. the Commission recommends approval of the vacation as requested, contingent upon the following conditions: 1 . Upon meeting all conditions to the granting of the application. the applicant shall deliver a certified copy of the ordinance for recordation to the Clerk of the Circuit Court of Roanoke. Virginia, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the petitioner, and the names of any other parties in interest who may so request, as Grantees. The applicant shall pay such fees and charges as are required by the Clerk to effect such recordation. 2. Upon recording a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Roanoke. Virginia. the applicant shall file with the Engineer for the City of Roanoke. Virginia. the Clerk's receipt, demonstrating that such recordation has occurred. 3. The applicant shall submit a subdivision plat to the Subdivision Agent, receive all required approvals thereof, and record the plat with the Clerk of the Circuit Court for the City of Roanoke. Such plat shall combine all properties which would otherwise dispose of the land within the right-of- way to be vacated in a manner consistent with law. and retain appropriate easements for the installation and maintenance of any and all existing utilities that may be located within the right-of-way. including the right of ingress and egress. Said subdivision plat shall include a 20 foot by 20 foot access easement and a 20 foot by 50 foot public water and sewer easement. Said subdivision plat shall also at a minimum, combine the vacated right of way with Tax Map Number 12901 30. which the applicant also owns, to ensure street frontage for that parcel in accordance with current zoning code. 4. Prior to receiving all required approvals of the subdivision plat referenced in the previous paragraph. the applicant shall. as consideration pursuant to §1 5.2-2008. Code of Virginia (1950), as amended. for the vacated right-of- way. either provide to the Treasurer for the City of Roanoke a certified check or cash in the amount of $3.100 or provide a bond to offset the valuation with improvements to be made within the public right of way that are approved by the Planning Commission Agent. 5. If the above conditions have not been met within a period of twelve (12) months from the date of the adoption of this ordinance, then such ordinance will be null and void with no further action by City Council being necessary. unless extended by the Planning Commission Agent for an additional six (6) months prior to the end of the twelve (12) month period. Application Information: Request: Vacate an approximately 50 foot x 1 30 foot portion of right of way extending southwest from Beechwood Drive and adjacent to Official Tax Map No. 1 290304. Applicant: Mario Williams City Staff Person: Karl Kleinhenz, City Planner III Official Tax Nos.: Adjacent to Official Tax Map No. 1 290304 Site Area: 7,700 square feet Relevant Plans: City Plan 2040, Franklin Road/Colonial Avenue Neighborhood Plan Filing Date: August 2. 2024 Background: The portion of right-of-way was once planned as a roadway (Carl Road, SW) but remains undeveloped. The approximately 50 foot by 1 30 foot (7,700 square foot) portion of right of way dead ends just beyond the applicant's property line and has been and is currently being used by the applicant as a parking area. The portion of right-of-way also contains a masonry wall that is tied to the stability of the applicant's home and is in need of repair. The vacation would allow the applicant to maintain the wall on private property. The estimated land value of the proposed right of way is $3.100. No utilities are known to exist in this portion of right-of-way. However. a 20 foot by 20 foot public access easement for fire vehicle turnaround and a 20 foot by 50 foot Public Water and Sewer Easement for possible future service are requested. 2 Proposed Use/Development: The applicant intends to use the vacated Right of Way to maintain a masonry wall that is integral to the stability of his house. Considerations: The primary consideration in vacating a public right-of-way is any inconvenience that the vacation may create. Impact of Street Vacation to Public Accessibility. This portion of right-of-way is not part of the normal traffic flow in the alley system and is not maintained by the City. No utilities are known to exist in this portion of right of way. However, a 20 foot by 20 foot public access easement for fire vehicle turnaround and a 20 foot by 50 foot Public Water and Sewer Easement for possible future utility access are requested. The proposed vacation does not impact the pickup of solid waste and recycling. Carl Road, SW was originally planned as a street. However, subsequent development of US 220 and other improvements negated the use of this right of way. Consistency with Comprehensive Plan: In the City Design section of City Plan 2040, under Land Use Priorities. Policy 2 states that the City should -Encourage active, productive uses of land and preclude unproductive uses of land". The proposed right of way vacation will transfer City right-of-way that not used as part of the active street system. This portion of right of way is undeveloped and. due to prior right of way vacations and development, not a viable through connection. The Franklin Road/Colonial Avenue Neighborhood Plan under Residential Development states. -...zoning ordinance should serve to maintain the large single-family lots that are common there. Overall, homeowners in the area expressed pride in their homes. and would like to maintain the character of their neighborhoods... Comments on Application: Public Utilities:. Cox Cable was amenable to the vacation. Western Virginia Water Authority requested a public utility easement at the rear of the proposed vacation to serve potential future development. No comments were received from Appalachian Power Company or Verizon. 3 City Departments: The Transportation Department requested that the vacation boundary remain outside the existing pavement and guardrail. Fire Department requested an easement to turn around fire apparatus. All other City Departments are amenable to the vacation. Planning Commission Work Session: No comments. Public Comments: Two public comments were received. • The first was from the owner of TM 1290601 inquiring as to whether the vacation would impact access to his property. The vacation would have no impact. as the vacated land would be on the opposite side of Beechwood drive. • The second was a comment of support for the vacation from the owner of TM 1290404. Planning Commission Meeting: There were no questions or comments from Commission members. Conclusions and Recommendations: The application is consistent with the City's Comprehensive Plan and would not create an inconvenience to the public. The Commission recommends vacation of the right-of-way as requested subject to the conditions noted above. f�LartA C y//G%z; ii /// Frank C Martin. III. Chair City Planning Commission Distribution: Dr. Lydia Pettis Patton. Interim City Manager Angela O'Brien. Assistant City Manager Chris Chittum. Planning Director R. Wayne Leftwich. Jr.. Planning Manager Katharine Gray. Planning Commission Agent Timothy Spencer. City Attorney Laura M. Carini, Assistant City Attorney Mario Williams. Applicant 4 APPLICATION „Ago STREET OR ALLEY VACATION ROANOKE Date: 812/2024 To: Office of the City Clerk Origins)Application Fourth Floor, Noel C. Taylor Municipal Building a215 Church Avenue, S.W. Amended Application No. Roanoke, VA 24011 Phone: (540) 853-2541 Fax: (540) 853-1145 All submittals must be typed and include all required documentation and a check for the filing fee. Application is hereby submitted for street or alley vacation for the property located at: Location and description of street or alley to be closed: o Carl Rd SW, Roanoke,VA 24014 Proposed use of vacated street or alley: Drive-way for 1038 Beechwood Dr SW 24014 and 0 Carl Rd SW 24014 We respectfully request that any sales price be waived due to the expense the petitioner is incurring in acquiring and improving this property and the additional considerations in Exhibit 2. Name of Applicant/Contact Person: Mari°Williams 8"cristian Niebles Mailing Address: 1038 Beechwood Dr. SW,Roanoke,VA 24014 Telephone: ( ) 54081924T7 Fax: ( ) E-mail: mariowms@gmail.com Applicant(s) signature(s): /id ,�j *7‘042,- 5 Exhibit 2 -Considerations TimeLine We have been trying to acquire this Right of Way since September 2023. Please see the timeline below. I have email trails to confirm these dates. September 2023 -I reached out to the city inquiring about the Right of Way and was told by Steve Langston that it was state property. He put me in contact with Amanda Newhouse, Right of Way Agent Property Management/Westem Division, VDOT. October 2023— I followed up with Amanda no response. January 2024— I followed up with Amanda again, no response. June 10, 2024— I reached out to Kimberly Leckner Program Manager/Right of Way and Utilities Division, VDOT. June 27, 2024— Kimberly informed me that it is not state property, it's city property. July 1, 2024— I reached out to Karl Kleinhenz, City Planner. He guided us on the right path to get us here today. Because we were misinformed at the beginning, it has taken us almost a year to get to this point. Maintenance I have maintained the Right of way since I purchased 1038 Beechwood Dr. Roanoke, VA 24014 in 2001. I did this because the city was not, it was overgrown, and it made my property look bad. Retaining Wall There is a retaining wall within this Right of Way that was deteriorating. In 2017 I asked the city if they would repair it. I was told it was my responsibility because it was holding up my land. I paid $4,998.67 to have the retaining wall replaced. Cost/Fees This process has already cost us money -Application and Advertising. We had to pay for a drawing by a surveyor to map out the property and will have to pay for a vacation and combination plat for submittal. e x ,) , 9 if 1 GENERAL NOTES: CURVE TABLE 1. THIS PLAT WAS PREPARED WITHOUT THE CURVE I LENGTH RADIUS TANGENT DELTA CHORD DIRECTION CHORD LENGTH BENEFIT OF A TITLE REPORT AND IS SUBJECT THERETO. THEREFORE,THERE MAY EXIST Cl 31.47 20.00 20.00' 90'0000" S 89'S0'00'W 2828' ENCUMBRANCES WHICH AFFECT THE PROPERTY NOT SHOWN HEREON. C2 31.42' 20.00' 20.00' 90'00'00" N 0'10'00'W 28.2ff 2.THE SUBJECT PROPERTY IS WITHIN THE LIMITS OF FLOOD ZONE X UNSHADED AS SHOWN ON THE .129°125 FEMA FIRM.I51161CO252 G WITH AN EFFECTIVE 1Pl( Ir' DATE OF SEPTEMBER 28,2007.THIS I DETERMINATION IS BASED ON SAID MAP AND HAS 40' 20• °' ,�• 80' I NOT BEEN VERIFIED BY ACTUAL FIELD ELEVATIONS. \ I 1_ m= iji 1' - 4°. I I I LINE TABLE \ GRAPHIC SCALE PIPE IL I PIPE FOUND "FOUND LINE I DIRECTION LENGTH \ ' PIN 1.1 TIE LI S 78°59'00'W 5.06' \ 1 , T N I \ I TAXI:NOT ASSIGNED(PAPER STREET) ADDRESS:NOT ASSIGNED \ pB �� I 1 x OWNER:CITY OF ROANOKE,VIRGINIA \ '� �j ��J I ,'`, DRAWNN BV:SCBDEED BOOK 778,PAGE 17(PLAT) CHECKED:REC \ I ,L W.O.I:24-0161:01 �'� I SCALE:1''40' co V I LEGEND \ v I , 0 PLATCORNER CORNER J io • CORNER FOUND • / \�_ 1p �>a94 �96J�-- ! ET QK I ` ®' HGRHWAYNER SFENCE I I \\ 14/C OPTMA B. ' 1 \ cuGelE 60 G31 I N�vA110 5 VM w \ p.B1. #t2� 1 1 On-4 PN N30" }0 Ak CC \ ' S �12�1 II 1P'P c %iT I ca \ I / / ,A .* \ '0° PIPE FOUND , \ FOUND (7, 0 97.77' \ _t'" PINz. �o \ ' --11.1 .' FOUND m SL vV. ' nr•t- �� 1.°S 1° o Z Y - � g -o�7 � / -- > ��,,%6� ont N....:-......., � e o .`i' \ s \ .> \ \ \ \\ ( \ ;1 / \ w \ J \ \ \ 01'65 a GO c? /VII o+,`��ts or r f♦o al \ I \ s 4,+ �vE, SIEYEl1 C. BMBA '� j pR U�. No. 003125 \ pp ' O JULY 30,2024 a \ / / 2122 Carolina Ave,SW 14 Roanoke,MP 38 1153 PARTIAL SURVEY AND FROM RECORDS EX-IIBIT FOR • Ph:540-3B7.1153 RIM 1915-8 W.Cary Street MARIO L. WILLIAMS OF A PORTION OF CARL ROAD,S.W.(PAPER F REET) BEECHWOOD GARDENS,SECTION 2 Richmond,VA 23220 D,B.778,PG.17 parker Phone:804 358 2947 TO BE VACATED BY CITY ORDINAN DESIGN GROUP CITY OF ROANOKE,VIRGIA'.A ENGINEERS•SURVEYORS www.parkerdg.com P,,.a,WS•LANDSCAPE ARCHITECTS yr a Y ;- ` 0 R r o <'0 tO co cot4I r oX `a) = AP Ct5 \ 03 4 p .\-,N-- : Q a ` 4 70 fi �� V 4a cp o *,_ a) Ca-3 0 p O d' O m N . 43=' C M O -Arts,,,,f.t,„.:.; -:„_,„N, , - - - onc— N o yi ' N ^ A.:,-;., - AFFIDAVIT REQUEST: Application from Mario Williams to vacate an approximately 50 foot wide portion of Carl Road SW that extends southwest from the intersection with Beechwood Avenue SW adjacent to Official Tax Map No. 1290304, approximately 130 feet to the northeast boundary with Official Tax Map Number 1290130,and containing approximately 7,864 square feet. COMMONWEALTH OF VIRGINIA ) TO-WIT: CITY OF ROANOKE ) The affiant, Emily G. Clark, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge.Affidavit states that, pursuant to the provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail this` VO, 2024, notices of a public hearing to be held on this 0 Z{oeiZ- I ' , 2024, on the request captioned above to the owner or agent of the par t out on the attached. Emily G. k SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia,this 2 ' day of 0 ci o 6 g.- , 2024. _Li_.r d.-.- 2'...--.-. -- Notary Public The Roanoke Times Account Number Roanoke,Virginia 6011439 Affidavit of Publication Date CITY OF ROANOKE-PBD October 07,2024 Attn TINA CARR 215 CHURCH AVE ROOM 166 ROANOKE,VA 24011 Date Category Description Ad Size Total Cost 10/08/2024 Legal Notices PUBLIC HEARING NOTICE 2 x 8.75 IN 2,949.45 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 was published in said newspapers on the following dates: 09/30,10/07/2024 The First insertion being given... 09/30/2024 Newspaper reference: 0001498944 Billing epr sentative Sworn to and subscribed before me this 7th Day of October 2024 Notary Public. State of Virginia County of Hanover My Commission expires 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.All persons shall be afforded an opportunity to speak and state their views concerning all aspects of these matters. My applications will be available for review online at)ettps://roanokeva, aov/2019/Commissions, may be obtained digitally by emaifing glapnina@roanokeva.gov and by visiting the Planning,Budding,and Development Department,First Floor,Room 170,Municipal South,Noel C.Taylor Municipal Building,215 Church Avenue SW,Roanoke,Virginia. If you are a person with a disability who needs accommodations for any public hearings advertised herein,ptaacn contact the City Clerk's Office, (540)853-2541,by noon,October 11,2024. Cecelia F.McCoy,CMC,City Clerk The City of Roanoke Planning Commission will hold a public hearing on Tuesday,October 15,2024,at 1:30 p.m.,or as soon thereafter as the matters may be heard,in the City Council Chamber,Fourth Floor, Room 450,Noel C.Taylor Municipal Building,215 Church Avenue SW, Roanoke,Virginia,to consider the following applications.Citizens are advised that the date on which these matters well be heard is ii departure from the usual date on which such matters are heard by plan►Ijpg Commission. Physical copies of these applications are available for public inspection in the Planning, Building, & Development Department, First Floor, Room 170,Noel C.Taylor Municipal Building,215 Church Avenue SW, Roanoke,Virginia,24011.Citizens may also access the applications at httos://www.roanokeva.aov/1088.All persons shah be afforded an opportunity to address the Planning Commission at the public hearing. Written comments may be forwarded to the Secretary to the Planning Commission by mail to 215 Church Avenue SW,Room 170,Roanoke, VA 24011,or by email to piannina@roanokeva.gov. Application from Mario Williams to vacate an approximately 50 foot wide portion of Carl Road SW that extends southwest from the intersection with Beechwood Avenue SW adjacent to Official Tax Map No.1290304,, approximately 130 feet to the northeast boundary with Official Tax Map Number 1290130,and containing approximately 7,864 square feet. Application by Ram l<arta,LLC,to rezone a property located at 716 Marshall Avenue SW, Official Tax Map No. 1120201, from RM-1, Residential District,to MXPUD,Mixed Use Planned Unit Development District.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;transportation;utiity;agricultural; and accessory, with a maximum density as specified on the PUD plan. The comprehensive plan designates the property for mixed residential use. The proposed use is eating and drinking establishment,abutting a residential district, and other uses as specified on the development plan. Emily G.Clark,Secretary,City Planning Commission City Council will hold a pubic hearing on the aforesaid matters on Monday.October 21,2024,at 7:00 p.m.,or as soon thereafter as the matters may be heard, in the City Council Chamber, Fourth Floor, Room 450, Noel C. Taylor Municipal Budding, 215 Church Avenue SW, Roanoke,Virginia. All persons wishing to address City Council may sign-up online at www.roanokeva.gov/pound(. 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. For further information,you may contact the Office of the City Clerk at (540)853-2541. Cecelia F.McCoy,CMC,City Clerk The City of Roanoke provides interpretation at no cost for all public meetings,upon request. If you would like to request an interpreter;please let us know at least 24 hours in advance by calling(540)853-1283. La Ciudad de Roanoke proporciona interpretation sin costo por lodes cites ptibicas,previa solk stud. SI usted desea sdidtar un iitOrprete,hlganoslo saber con al menos 24 horas de antelacidn por Tamar(540)853-1283. Jill la Roanoke inatoa huduma ya ukalimani bola map()katika mikutano yote ya umma,inapoombwa.lwapo ungependa kuomba mkaimani, tafadhali tujuishe angalau sea 24 kabla kwa kupiga simu(540)853-1283. .'-w r:?A.J;�lezr✓rJ-.3�v y:wr�r�+-4...>w-'-�i,+-ter J.Ail-..r .vJ�+d+n.0,1640)1213453;uV•f-Z4,J-,4th, 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. All persons shall be afforded an opportunity to speak and state their views concerning all aspects of these matters. Any applications will be available for review online at https://roanokeva.gov/2019/Commissions, may be obtained digitally by emailing planning@roanokeva.gov, and by visiting the Planning, Building, and Development Department, First Floor, Room 170, Municipal South,Noel C. Taylor Municipal Building, 215 Church Avenue SW, Roanoke, Virginia. 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, by noon, October 11, 2024. Cecelia F. McCoy, CMC, City Clerk The City of Roanoke Planning Commission will hold a public hearing on Tuesday, October 15, 2024, at 1:30 p.m., or as soon thereafter as the matters may be heard, in the City Council Chamber, Fourth Floor, Room 450,Noel C. Taylor Municipal Building, 215 Church Avenue SW, Roanoke, Virginia,to consider the following applications. Citizens are advised that the date on which these matters will be heard is a departure from the usual date on which such matters are heard by Planning Commission. Physical copies of these applications are available for public inspection in the Planning, Building, &Development Department, First Floor, Room 170,Noel C. Taylor Municipal Building, 215 Church Avenue SW, Roanoke, Virginia, 24011. Citizens may also access the applications at https://www.roanokeva.gov/1088. All persons shall be afforded an opportunity to address the Planning Commission at the public hearing. Written comments may be forwarded to the Secretary to the Planning Commission by mail to 215 Church Avenue SW, Room 170, Roanoke, VA 24011, or by email to planning(/roanokeva.gov. Application from Mario Williams to vacate an approximately 50 foot wide portion of Carl Road SW that extends southwest from the intersection with Beechwood Avenue SW adjacent to Official Tax Map No. 1290304, approximately 130 feet to the northeast boundary with Official Tax Map Number 1290130, and containing approximately 7,864 square feet. Application by Ram Kartar, LLC, to rezone a property located at 716 Marshall Avenue SW, Official Tax Map No. 1120201, from RM-1, Residential District, to MXPUD, Mixed Use Planned Unit Development District. 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;transportation; utility; agricultural; and accessory, with a maximum density as specified on the PUD plan. The comprehensive plan designates the property for mixed residential use. The proposed use is eating and drinking establishment, abutting a residential district, and other uses as specified on the development plan. Emily G. Clark, Secretary, City Planning Commission City Council will hold a public hearing on the aforesaid matters on Monday, October 21, 2024, at 7:00 p.m., or as soon thereafter as the matters may be heard, in the City Council Chamber, Fourth Floor, Room 450,Noel C. Taylor Municipal Building, 215 Church Avenue SW, Roanoke, Virginia. All persons wishing to address City Council may sign-up online at www.roanokeva.gov/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. For further information, you may contact the Office of the City Clerk at(540)853-2541. Cecelia F. McCoy, CMC, City Clerk The City of Roanoke provides interpretation at no cost for all public meetings, upon request. If you would like to request an interpreter, please let us know at least 24 hours in advance by calling(540) 853-1283. La Ciudad de Roanoke proporciona interpretacion sin costo por todas citas publicas, previa solicitud. Si usted desea solicitar un interprete,haganoslo saber con al menos 24 horas de antelacion por llamar(540) 853-1283. Jiji la Roanoke linatoa huduma ya ukalimani bila malipo katika mikutano yote ya umma, inapoombwa. Iwapo ungependa kuomba mkalimani, tafadhali tujulishe angalau saa 24 kabla kwa kupiga simu(540) 853-1283. ,4,I3S Le j> I J-1 vl y ai ja awl U91i cs°9� "1..,1�a.°a(-51..›?u. 19����—J9-�J. S939J .-1:.JIc L:1I7.3.x��I.J I-.(540) 853-1283 u9':11.J114 � .J.iI J -,cL,24 I—iai..t cljI..÷y C!1 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Room 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 E-mail: clerk@roanokeva.gov CECELIA F.MCCOY,CMC CECELIA T.WEBB,CMC City Clerk Deputy City Clerk RUTH VISUETE PEREZ Assistant Deputy City Clerk October 22, 2024 Prescott Construction, LLC Attn: Matt Prescott 538 Salem Ave. S.W. Roanoke, VA 24016 Dear Matt Prescott: Enclosed is a copy of Ordinance No. 43085-102124 to rezone property located at 716 Marshall Avenue, S.W.; bearing Official Tax Map No. 1120201 from RM-1, Residential District, to MXPUD, Mixed Use Planned Unit Development District, subject to the Development Plan that specifies uses, location of buildings and infrastructure, site access, and building design. The above referenced measure was adopted by the Council of the City of Roanoke at the regular meeting held on Monday, October 21, 2024. Sincerely, ( Cecelia F. McCoy, CMC City Clerk Enclosure pc: Ram Kartar, LLC 430 Church Ave, SW, Roanoke, VA 24011 Door 801, LLC 2703 Oakland Blvd NW, Roanoke, VA 24012 Sean Kosman, 2730 Glenneagles Rd, Salem, VA 24153 Douglas F. Turner, 545 Highland Ave SW, Roanoke, VA 24016 David Niblett & Summer Huff, 6613 Park Meadows PI, Huntersville NC 28078 Joe K. Ryneer, 613 8th St. SW, Roanoke, VA 24016 James C. Snaman, 15078 Washington Hwy, Ashland, VA 23005 Helena Nagbe, 712 Marshall Ave, SW, Roanoke, VA 24016 Old Southwest, Inc. 641 Walnut Ave SW, Roanoke, VA 24016 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21' day of October 2024. No. 43085-102124. AN ORDINANCE to rezone the property located at 716 Marshall Avenue, S.W., bearing Official Tax Map No. 1120201, from RM-1, Residential District, to MXPUD, Mixed Use Planned Unit Development District, subject to the Development Plan; and dispensing with the second reading of this ordinance by title. WHEREAS, Ram Kartar, LLC, has made application to the Council of the City of Roanoke, Virginia ("City Council"), to have the property located at 716 Marshall Avenue, S.W., bearing Official Tax Map No. 1120201, rezoned from RM-1, Residential District, to MXPUD, Mixed Use Planned Unit Development District, subject to the Development Plan that specifies uses, location of buildings and infrastructure, site access, and building design; 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 October 21, 2024, 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 the property located at 716 Marshall Avenue, S.W., bearing Official Tax Map No. 1120201, be, and is hereby rezoned from RM-1, Residential District, to MXPUD, Mixed Use Planned Unit Development District, subject to the Development Plan that specifies uses, location of buildings and infrastructure, site access, and building design, as set forth in the Zoning Amendment Amended Application No. 2 dated October 15, 2024, as amended at the Planning Commission public hearing. 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: 0.644-6-oz— j-; (1)724---°--67 City Clerk. 01 734141% .. -# : CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: October 21 . 2024 Subject: Application by Ram Kartar, LLC to rezone a property located at 716 Marshall Avenue SW; Official Tax Map Nos. 1 120201 : from RM-1 . Residential District, to MXPUD, Mixed Use Planned Unit Development District, subject to the Development Plan that specifies uses. location of buildings and infrastructure, site access. and building design. Summary: By a vote of 6-0, with Commissioner P. Smith absent, the Commission recommends approval of the zoning amendment request, finding that the Amended Application No.1 , as amended at the Planning Commission public hearing and subsequently submitted as Amended Application No.2. is consistent with the general principles within the City's Comprehensive Plan, Old Southwest Neighborhood Plan, and the Zoning Ordinance as the subject property will be developed and used in a manner reflective of its historic past and appropriate to the surrounding area. Application Information: Request: Rezoning to Planned Unit Development Owner/Applicant: Ram Kartar LLC Agent: Matt Prescott. Prescott Construction Co, LLC City Staff Person: Katharine Gray. Principal Planner Address: 716 Marshall Avenue SW Official Tax No: 1120201 Site Area: +/- .1105 acres Relevant Plans: Old Southwest Neighborhood Plan Proposed Land Use: Eating and drinking establishment, abutting a residential district and other uses as specified on the development plan Future Land Use: Mixed Residential Filing Date: Original Application: August 16. 2024 Amended Application No.1 : September 1 1 . 2024 Amended Application No. 2: 15 October 2024 Public Notification and Outreach: • Roanoke Times Legal Advertisement (runs two-consecutive Tuesdays) Required Public Notice - f • Letters to Property owners abutting subject State of Virginia Code property (includes across street/alley) • Direct notice by mail includes neighboring localities if applicable Required Public Notice - • Posting a sign on the subject property with City of Roanoke Zoning hearing date and contact for additional Code information • Posting applications - applications received are posted on the PBD Board & Commission page, providing instant access to the full application and supporting documentation • CivicSend Notices - Email notification subscription to share information with citizens and stakeholders according to their PBD Outreach Beyond preferences. Land Use Applications touch Code the inbox of subscribers at least 2 times - State/City ements 1 ) Application filed: 2) Agenda and Staff RequirReport Posting: 3) Amended Information. if applicable • Neighborhood Leaders and Civic Stakeholders Email Notice - Direct email to leaders to share information; coincides with CivicSend Notices • CivicSend Notices for land use applications typically reach more than 1 .800 subscribers _ _� � ��� � � I • All applicants are strongly advised to PBD Recommended discuss project with area neighborhood Applicant Outreach organizations and/or civic leagues and adjoining property owners and/or tenants Applicant Outreach • Unknown. Background: The subject property at 716 Marshall Avenue SW included a flat-roofed. one-story commercial building with a basement, constructed in 1920, within the H-2 Historic Neighborhood Overlay District. The building was last operated as a convenience store and had been vacant for several years. Demolition of the building. due to it being an engineering-verified unsafe structure without a clear path to make it safe again, and plans for rebuilding it were approved by the Architectural Review Board in July 2023. 2 Now. the owner of the property desires to establish a coffee shop. but that use is not permitted in the RM-1 District. Therefore. the owner wants to rezone the property from RM-1 to MXPUD to allow a coffee shop use. Proposed Use/Development: The applicant proposes to rezone the property at 716 Marshall Avenue SW to MXPUD to enable use as a coffee shop. As the property is within an H-2 Historic District Overlay, the exterior of the property will be substantially consistent with the plan and elevations previously approved through the Architectural Review Board process with the new building closely replicating the form and materials of the original one that was demolished to address life-safety concerns. Permitted uses have been noted on the development plan as follows: All listed residential uses Bed and Breakfast Business service establishment. not otherwise listed. Office. general or professional Live work unit Mixed use building General service establishment. not otherwise listed. Personal service establishment not otherwise listed. Retail sales establishment, not otherwise listed. Eating establishment Eating and drinking establishment, abutting a residential district The remainder of the site is proposed to be developed as depicted on the development plan and generally approved by the ARB earlier this year with a rear driveway from the alley and parking off the alley. The PUD plan both denotes freestanding signage permitted as a non-illuminated 4ft by 4ft monument sign and building mounted signage as defined in MX in Sec. 36.2-668-1 of the Zoning Ordinance. Considerations: Compatibility with_.Surrounding Land Uses: The property was been used for a grocery store and convenience store before remaining vacant for an extended time. It fell into disrepair. necessitating demolishing and rebuilding it, and its reconstruction was approved by the ARB to replicate the original historic building. A coffee shop. at the scale and manner proposed, fits well into the neighborhood with a number of historic commercial corner stores. 3 Zoning District Land Use North RM-1 . Residential Two-unit dwellings. Single-unit dwellings South ' RM-1 . Residential Vacant East RM-1 . Residential_ Single-unit dwellings West RM-1 . Residential ���� �� Single-unit dwellings The future land use plan from the City Plan 2040 designates this area for mixed residential use. ApplicabilityLPppropriatenessof 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. These regulations are designed to achieve the following objectives: (1 )Promote efficient use of land and infrastructure through high quality urban design: (2)Promote a development pattern in harmony with existing development and the objectives of the City's Comprehensive Plan: (3)Permit a compatible mix of commercial and residential uses: (4)Provide safe, efficient access and traffic circulation; (5)Create opportunities to use new technologies in managing the quality and quantity of stormwater: and (6)Encourage the preservation of steep slopes. floodplains. historic structures and areas. and unique. natural. or geological formations. This particular proposal would allow the continued commercial use of a corner store property in a historic neighborhood and maintain a similar relationship with residential properties to the north. east. south, and west. Availability of Other Property: The proposal is to allow a commercial use in this particular corner property in the building built to retain the commercial corner store character in the Old Southwest historic neighborhood. As such, there are no other properties, other than the one in the rezoning request, which is available, similarly situated, and zoned to allow this type of development. 4 Consistency with Comprehensive Plan: Both City Plan 2040 and the Old Southwest Neighborhood Plan support maintaining the character of the historic Old Southwest neighborhood. Policy/Action Plan Applicability to matter LBE Priority One Policy 1 Comprehensive The project proposes to Action: Proposed development (infill Plan', Livable maintain the character of the development, alterations, Built Environ- building and site while adding renovations, and additions) should ment Theme a commercial use that fits create or enhance a distinctive within a historic context of character that relates well to the corner commercial properties surrounding community scattered throughout the surrounding residentially zoned property of Old Southwest. Community Design Policies: Old Southwest The building on the property Historic Preservation: Old Southwest's Neighborhood is governed by the H-2 District character stems from its historically Plane, pg. 59 and the ARB approved a significant architecture, streetscapes, commercial form replicating and public spaces. The historic the original historic character of Old Southwest must be commercial building. This preserved, protected and enhanced. change would allow an appropriate commercial use within the building. Economic Development Actions: Old Southwest The proposed change would Redevelop vacant pocket or corner Neighborhood allow a building built to commercial buildings. Plan 2, pg. 62. reflect the commercial nature of the historic building previously on the property to have some commercial uses appropriate for a mixed residential neighborhood with pockets of corner commercial properties. Comments on Application: Planning Commission Work Session: The proposed uses and development form were discussed at the Planning Commission work session. ' City Plan 2040, City of Roanoke. 2020 Old Southwest Neighborhood Plan, City of Roanoke. 2009 5 Interdepartmental Comments: General comments were provided from the Planning Building and Development department related to: building and zoning subdivision requirements, and the permitting process. Public Comments: Two comments were received in favor of the application. One comment was received requesting ADA accessibility for the project. Public Hearing: One comment was received stating concern for parking for the business. Conclusions and Recommendations: The principal consideration is whether the proposed rezoning is consistent with City Plan 2040 and the Old Southwest Neighborhood Plan. The proposed change allows for the continuation of a small-scale commercial use in a commercial building form on a corner property in historic Old Southwest. The rezoning to MXPUD is appropriate to the surrounding area and in keeping with the overall goals of these plans. La C 7/1-a4,&-; , /// Frank C. Martin, Ill. Chair City Planning Commission Enclosure: Attachment A, Zoning District Map Distribution: Dr. Lydia Pettis Patton, Interim City Manager Angela O'Brien. Assistant City Manager Chris Chittum. Director of Planning Building and Development Jillian Papa Moore, Deputy Director of Planning Building and Development R. Wayne Leftwich, Jr.. Planning Manager Katharine Gray. Planning Commission Agent Timothy Spencer, City Attorney Laura Carini, Deputy City Attorney Neil Aneja, Ram Katar. LLC Matt Prescott. Prescott Construction, Inc. 6 el ...0 C (1) E = ..... a s C.) c,:„4 ,:,,, c t 3 o e- 04 0 ,.. ero .e. .. 4., le... %.... ,... 1.... - C.t. < *6' NNel 0 Jr44. gyi ...- ...cf). 7:' c4,1 N 04 (01 .... 0 ,r. e-- cse e.. 0 r4 ,e- xxi 1------ --------- >e 4cr .4.1' , .4'7.1' v-- , t-sa -"CCco,.... N gi (:). , c ...,-c 0 Na...4CN I e.... ix x 1,- .- 1- 2 i ' 1 -- -.......,_..... , Hie liii .. , a- f ..... 0.). 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Roanoke, Virginia 24011 Click Here to Print Phone: (540)853-1730 . , Filing Date [Oct 15,2024 Submittal Number: iRevision#2 Request (select all that apply): _ .1_ Rezoning. Not Otherwise Listed 7. Amendment of Proffered Conditions l _,. Rezoning. Conditional H Amendment of Planned Unit Development Plan 7 Rezoning to Planned Unit Development 7 Amendment of Comprehensive Sign Overlay District Establishment of Comprehensive Sign Overlay District Property Information: Address: .716 Marshall Ave,SW Official Tax No(s).: 11120201 ! Existing H.. Without Conditions Ordinance Zoning: RM-1,Residential Mixed Density Lil With Conditions No(s). (If , applicable): I I Planned Unit Development , Requested I- I Without Conditions Proposed Zoning: 'MXPUD,Mixed Use Planned Unit Deyelopmet F With Conditions Land Use: L Planned Unit Development I Property Owner Information: Name. ,Ram Katar, LLC i Phone Number +1 (540) 589-8488 Address: 430 Church Ave, SW I E-mail: 'neil.aneja@gmail.corn /lad 4g4ja, Applicant Information (if different from owner): Name ;Matt Prescott-Prescott Construction Co, LLC Phone Number ! +1 (540) 293-5940 Address: 538 lem Ave, SW ! E-mail: matt@prescottconstructionor yle(Aer Authorized Agent Information (if applicable): Name Phone Number. , - Address: ' ' E-mail: Zoning Amendment Application Checklist The following must be submitted for all applications: 1.<- Completed application form and checklist. r5.7 Written narrative explaining the reason for the request. I Metes and bounds description, if applicable, i Filing fee. For a rezoning not otherwise listed,the following must also be submitted: Concept plan meeting the Application Requirements of item'2(c ' in Zoning Amendment Procedures. For a conditional rezoning,the following must also be submitted: 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 a planned unit development,the following must also be submitted: Na, Development plan meeting the requirements of Section 36.2-326 of the City's Zoning Ordinance. For a comprehensive sign overlay district,the following must be submitted: Comprehensive signage plan meeting the requirements of Section 36.2-336(02)of the City's Zoning Ordinance. For an amendment of proffered conditions,the following must also be submitted: Amended development or concept plan meeting the Application Requirements of item'2(c)' in Zoning Amendment Procedures if applicable. Written proffers to be amended. See the City's Guide to Proffered Conditions. Copy of previously adopted Ordinance. For a planned unit development amendment,the following must also be submitted: I - Amended development plan meeting the requirements of Section 36.2-326 of the City's Zoning Ordinance. (" Copy of previously adopted Ordinance. For a comprehensive sign overlay amendment,the following must also be submitted: _ Amended comprehensive signage plan meeting the requirements of Section 36.2-336(d)of the City's Zoning Ordinance. Copy of previously adopted Ordinance. For a proposal that requires a traffic impact study be submitted to the City,the following must also be submitted: A Traffic impact Study in compliance with Appendix B-2(e)of the City's Zoning Ordinance. For a proposal that requires a traffic impact analysis be submitted to V©OT,the following must also be submitted: Cover sheet. Traffic impact analysis. Concept plan. - Proffered conditions. if applicable. Required fee. 'An electronic copy of this application and checklist can be found at www.roanokeva.govlplanningcommission. A complete packet must be submitted each time an application is amended. unless otherwise specified by staff. ,. . Prescott ; „.���,.�_,,�,li�� it.r�t, �,1W 12-10 t ,�,4 ! tt! _ I 4 } izk AA ?�u lh 1 JS_I in) i �, NARRATIVE FOR ZONING AMENDMENT APPLICATION RE: ZONING AMENEDMENT APPLICATION FOR 716 Marshall Ave,SW DATE: 9/11/24 History of the building This building is a reconstruction of the existing commercial building which was on the site until demolition occurred in 2023, under our demolition building permit=CBLD23-0342. The building was always a couunercial building.with various uses of the past 100 years- grocery store. retail store. etc. Since the building was vacant for many years. the previous zoning classification became void. and it reverted to the general classification of the immediate area-RMI. Description of the proposed use and development of the property In consultation with the zoning officials.we are seeking to change the zoning to MX-PUD. This will allow the owner a range of options now not currently available to him under RM1. The owner's intention is to build out the main level into a coffee shop.utilizing the permitted use of"Eating and drinking establishment.abutting a residential district". If the coffee house does not succeed.he would like to have the option of possibly utilizing one or more of the following uses from the list of permitted uses in MX-PUD: Residential Uses -All listed residential uses Accommodations and Group Living -Bed and Breakfast Commercial Uses: Office and Related Uses -Business service establishment.not otherwise listed. -Office. general or professional Commercial Uses: Miscellaneous -Live work unit -Mixed use building Commercial Uses: Retail Sales and Service -General service establislunent.not otherwise listed. -Personal service establishment not otherwise listed. -Retail sales establishment.not otherwise listed. -Eating establislunent -Eating and drinking establishment. abutting a residential district Justification for the change In going through the ARB approval process for demolition and reconstruction of the building shell.and the concurrent building permit process. this underlying zoning issue never came up. It only came up when we submitted plans to amend the existing permit to build out the main level interior space into a coffee shop. This is the primary use for which the owner seeks to develop this space. It was his assumption all along that this would be a permitted use. To be restricted to only those permitted allowed in the RM1 district would be an undue hardship. Since the building was always conunercial in nature.our view is that it should remain so now and in the future. The owner has put substantial resources into this project already. and he hopes to maximize his use of it over many years to come. 1 Effect of the proposed amendment on the surrounding neighborhood. The effect on the surrounding neighborhood would be minimal in our view. Since the building was always a conunercial structure.its new uses would not be out of context. In fact.there are numerous small commercial buildings sprinkled throughout the Old Southwest neighborhood. so the precedent is well established. Parking will be available on 8t St. adjacent to the building and on 8th St, in front of the building.and on adjoining streets around the block. Availability of similarly zoned pro vrties in the general area and in the City. There are numerous other small commercial buildings. like this one.in Old Southwest and other neighborhoods. 551 Marshall Ave,SW-Food Fanatics Restaurant. 1212 4th St,SW-Evie's Restaurant. 502 Mountain Ave,SW- Sunnyside Market 1510 Fifth St,SW-old store.not currently in use. 604 5th St,SW-Da Dirty Turkey restaurant. Relationship of the proposed amendment to the City's Comprehensive Plan and the applicable Neighborhood Plan. The proposed use of the building furthers the following themes of the Comprehensive Plan: -Healthy Community-the new Coffeeshop will provide a meeting place for neighbors and visitors. -Responsible Regionalism- The shop will use local vendors whenever possible to promote other local businesses. -Resilient Economy- the renovated building is a great example of "revitalization of under-performing and underutilized conunercial spaces. support of local businesses.... and promotes workforce development". The coffee shop will employ 10-12 full time and part time workers. The proposed use of the building also furthers the following themes of the Old Southwest Neighborhood Plan. Though this particular building is not in a designated-Village C'enter". it's original commercial use(as a grocery store and other retail uses over the years)contributed to the existing neighborhood as a small scale Village C'enter. The OS\V Neighborhood Plan states that"Village centers are centers in neighborhoods containing a mixture of higher-density residential uses and neighborhood commercial uses.They serve as the focus of neighborhood activity and vary in size and scale depending on the nature of uses and size of the surrounding area.Village Centers should be dense.compact in size.and identify able...Some ideal village center commercial uses are restaurants. coffee shops. convenience stores. specialty shops and small retail establishments. Live work space is also an appropriate use for village centers. Live work space is a mixed-use tactic that employs office or retail use on the bottom floor and residential use in the upper floor of a structure.In recent years the City has encouraged and seen an increase in such uses. particularly in the expansion of downtown housing options. 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CD f° = j NQ P CV O Ut C a - ` F r. 2 M N _ .-.i 'i i_ o OO _ _ J J C o .Y T � c :n of Z . 6 c v `o Z .� _ : -c Z Z _ - L--` x AFFIDAVIT REQUEST: Application by Ram Kartar, LLC,to rezone a property located at 716 Marshall Avenue SW, Official Tax Map No. 1120201,from RM-1, Residential District,to MXPUD, Mixed Use Planned Unit Development District. 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;transportation; utility; agricultural; and accessory,with a maximum density as specified on the PUD plan. The comprehensive plan designates the property for mixed residential use. The proposed use is eating and drinking establishment,abutting a residential district, and other uses as specified on the development plan. COMMONWEALTH OF VIRGINIA ) TO-WIT: CITY OF ROANOKE ) The affiant, Emily G. Clark,first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail this ?_jel-- e.W'bG42-• , 2024, notices of a public hearing to be held on this aA—CTot,011-' 1 ---....° 7 , 2024, on the request captioned above to the owner or agent of the parcels as set out on the attached. Emily G CI k SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia,this 21ALL day of 6 G7"o g c e , 2024. „LaiL" Notary Public The Roanoke Times Account Number Roanoke,Virginia 6011439 Affidavit of Publication Date CITY OF ROANOKE-PBD October 07,2024 Attn TINA CARR 215 CHURCH AVE ROOM 166 ROANOKE,VA 24011 Date Category Description Ad Size Total Cost 10/08/2024 Legal Notices PUBLIC HEARING NOTICE 2 x 8.75 IN 2,949.45 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 was published in said newspapers on the following dates: 09/30,10/07/2024 The First insertion being given... 09/30/2024 Newspaper reference: 0001498944 Billing epr sentative Sworn to and subscribed before me this 7th Day of October 2024 I ejt.".4 Notary Public. State of Virginia County of Hanover My Commission expires 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.All persons shall be afforded an opportunity to speak and state their views concerning all aspects of these matters. Any applications will be available for review online at►tttos://roanokeva.- aov/2019/Commissions, may be obtained digitally by emailing gganninallroancikevagov and by visiting the Planning,Budding,and Development Department,First Floor;Room 170,Municipal South,Noel C.Taylor Municipal Building,215 Church Avenue SW,Roanoke,Virginia. 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,by noon,October 11,2024. Cecelia F.McCoy,CMC,City Clerk The City of Roanoke Planning Commission will hold a public hearing on Tuesday,October 15,2024,at 1'.3g p.m.,or as soon thereafter as the matters may be heard,in the City Council Chamber,Fourth Floor, Room 450,Noel C.Taylor Municipal Building,215 Church Avenue SW, Roanoke,Virginia,to consider the following applications.Citizens are advised that the date on which these matters wiN be heard is rl departure from the usual date on which such matters are heard by pig Commission. Physical copies of these applications are available for public inspection in the Planning, Building, & Development Department, First Floor, Room 170,Noel C.Taylor Municipal Building,215 Church Avenue SW, Roanoke,Virginia,24011.Citizens may also access the applications at httpsJ/wwwroanokeva.gov/1088.All persons shall be afforded an opportunity to address the Planning Commission at the public hearing. Written comments may be forwarded to the Secretary to the Planning Commission by mail to 215 Church Avenue SW,Room 170,Roanoke,- VA 24011,or by email to gJanning@roanokeva.gov. Application from Mario Williams to vacate an approximately 50 foot wide portion of Carl Road SW that extends southwest from the intersection with Beechwood Avenue SW adjacent to Official Tax Map No.1290304,, approximately 130 feet to the northeast boundary with Official Tax Map Number 1290130,and containing approximately 7,864 square feet. Application by Ram Karta, LLC,to rezone a property located at 716 Marshall Avenue SW, Official Tax Map No. 1120201, from RM-1, Residential District,to MXPUD,Mixed Use Planned Unit Development District.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;transportation; utility;agricultural; and accessory,with a maximum density as specified on the PUD plan. The comprehensive plan designates the property for mixed residential use. The proposed use is eating and drinking establishment,abutting a residential district, and other uses as specified on the development plan. Emily G.Clark,Secretary,City Planning Commission City Council will hold a public hearing on the aforesaid matters on Monday,October 21,2024,at 7:00 p.m.,or as soon thereafter as the matters may be heard, in the City Council Chamber, Fourth Floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue SW, Roanoke,Virginia All persons wishing to address City Council may sign-up online at www.roanokeva.gov/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. For further information,you may contact the Office of the City Clerk at (540)853-2541. Cecelia F.McCoy,CMC,City Clerk The City of Roanoke provides interpretation at no cost for all public meetings,upon request. If you would like to request an interpreter,pI' let us know at least 24 hours in advance by calling(540)853-1283. La Ciudad de Roanoke proporciona interpretacibn sin costo por todas cites pub icas,previa solicltud. SI usted desea soicitar un interprete,heganoslo saber con al menos 24 horas de antelaciOn per Ilamar(540)853-1283. Jiji la Roanoke llnatoa huduma ya ukalimani bila malpo katika mikutano yote ya umma,inapoombwa.Iwapo ungependa kuomba mkallmani, tafadhali tujutrshe angalau saa 24 kabla kwa kupiga simu(540)853-1283. Wary4.`7-A.r. i}?'vim'+J-+i.c✓ W.0. ...a.do.r,i'-(5.10)1283-73.a42.1-=4.+W610.r :s624.9�'+ir-Y.�+�3.+r 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. All persons shall be afforded an opportunity to speak and state their views concerning all aspects of these matters. Any applications will be available for review online at https:/ roanokeva.gov/2019 Commissions, may be obtained digitally by emailing planning(u roanokeva.gov, and by visiting the Planning, Building, and Development Department, First Floor, Room 170, Municipal South,Noel C. Taylor Municipal Building, 215 Church Avenue SW, Roanoke, Virginia. 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,by noon, October 11, 2024. Cecelia F. McCoy, CMC, City Clerk The City of Roanoke Planning Commission will hold a public hearing on Tuesday, October 15, 2024, at 1:30 p.m., or as soon thereafter as the matters may be heard, in the City Council Chamber, Fourth Floor, Room 450,Noel C. Taylor Municipal Building, 215 Church Avenue SW, Roanoke, Virginia, to consider the following applications. Citizens are advised that the date on which these matters will be heard is a departure from the usual date on which such matters are heard by Planning Commission. Physical copies of these applications are available for public inspection in the Planning, Building, & Development Department, First Floor, Room 170,Noel C. Taylor Municipal Building, 215 Church Avenue SW, Roanoke, Virginia, 24011. Citizens may also access the applications at https: ww.roanokev a.gov 1088. All persons shall be afforded an opportunity to address the Planning Commission at the public hearing. Written comments may be forwarded to the Secretary to the Planning Commission by mail to 215 Church Avenue SW, Room 170, Roanoke, VA 24011, or by email to plat mnzra roanokcv . Application from Mario Williams to vacate an approximately 50 foot wide portion of Carl Road SW that extends southwest from the intersection with Beechwood Avenue SW adjacent to Official Tax Map No. 1290304, approximately 130 feet to the northeast boundary with Official Tax Map Number 1290130, and containing approximately 7,864 square feet. Application by Ram Kartar, LLC, to rezone a property located at 716 Marshall Avenue SW, Official Tax Map No. 1120201, from RM-1, Residential District, to MXPUD, Mixed Use Planned Unit Development District. 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; transportation; utility; agricultural; and accessory, with a maximum density as specified on the PUD plan. The comprehensive plan designates the property for mixed residential use. The proposed use is eating and drinking establishment, abutting a residential district, and other uses as specified on the development plan. Emily G. Clark, Secretary, City Planning Commission City Council will hold a public hearing on the aforesaid matters on Monday, October 21, 2024, at 7:00 p.m., or as soon thereafter as the matters may be heard, in the City Council Chamber, Fourth Floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue SW, Roanoke, Virginia. All persons wishing to address City Council may sign-up online at V1 W .roanokeva.goV'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. For further information, you may contact the Office of the City Clerk at (540)853-2541. Cecelia F. McCoy, CMC, City Clerk The City of Roanoke provides interpretation at no cost for all public meetings, upon request. If you would like to request an interpreter, please let us know at least 24 hours in advance by calling (540) 853-1283. La Ciudad de Roanoke proporciona interpretacion sin costo por todas citas publicas,previa solicitud. Si usted desea solicitar un interprete, haganoslo saber con al menos 24 horas de antelacion por llamar(540) 853-1283. Jiji la Roanoke linatoa huduma ya ukalimani bila malipo katika mikutano yote ya umma, inapoombwa. Iwapo ungependa kuomba mkalimani, tafadhali tujulishe angalau saa 24 kabla kwa kupiga simu (540) 853-1283. 'LL"I�i_) Jk. YJ ••Jr S o j. JJ �L5"1�jl o�y auy� :vl l js•' 'L,l.-4 aoa vcl y ' 9&.J•1 ��i uliy i J I"(540) 853-1283 use 24 Jsi.�jai i ‘.�,y.,i�411,1 C.)t,.y IN THE COUNCIL OF THE CITY OF ROANOKE. VIRGINIA AN ORDINANCE authorizing the City Manager or her designee to execute the necessary documents providing for the sale and conveyance of 801 Franklin Road, S.`V.. Roanoke. Virginia. Official Tax Map No. 1020716 to Crandall Providence Building. LLC, upon certain terms and conditions; and dispensing with the second reading of this Ordinance by title. WHEREAS. a public hearing was held on October 21, 2024. pursuant to § 15.2-1800 and 15.2-1813. Code of Virginia (1950). as amended. at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such sale and conveyance. THEREFORE. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or her designee is hereby authorized on behalf of the City to execute a sales contract. substantially similar to the Contract attached to the City Manager's Report dated October 21. 2024. to sell 801 Franklin Road. S.W.. Roanoke. Virginia, Official Tax Map No. 1020716. to Crandall Providence Building. LLC'. for the sum of S53.100 in connection with the expansion of a business. 2. The City Manager or her designee is further authorized. for and on behalf of the City. to execute a Special Warranty deed and all other necessary documents, in a form approved by the City Attorney. providing for the sale and conveyance of the Property to Crandall Providence Building. LLC . all as more particularly set forth in the City Manager's Report dated October 21, 2024. 3. The City Manager or her designee is further authorized on behalf of the City to negotiate and execute such further documents and take such further actions related to this matter as may be necessary to implement. administer. and enforce the conditions and obligations that must be met by the Buyer pursuant to the Contract. 4. All documents necessary for this conveyance shall be in form 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. City Manager's Report Submitted by: Marc Nelson, Director ��� Department of Economic Development ROANOKE October 21, 2024 Title: Request for Sale of a City-Owned Vacant Lot located at 801 Franklin Road, S. W. (Official Tax Map Number 1020716). Background: Crandall Providence Building, LLC (Buyer), a Virginia Limited Liability Company, has offered to purchase a parcel of real property owned by the City of Roanoke (city) located at 801 Franklin Road, SW (Property) (Tax Map Number 1020716). This parcel is currently vacant and consists of approximately 0.1075 acres. Buyer has offered a purchase price of $53,100.00, which is the Property's current tax assessed value. Buyer's law firm is located immediately adjacent to the Property at 813 Franklin Road, SW. Buyer desires to purchase the Property to accommodate its future expansion plans. Recommended Action: After consideration of comments received at the public hearing and absent comments at the public hearing needing further consideration, authorize the Interim City Manager or her designee to execute the proposed agreement, substantially in the form attached hereto, and execute and deliver all closing documents and take such other actions to effectuate the proposed agreement. All documents are subject to approval as to form by the City Attorney. oise:#44:; 479471r)....• Lydia Patton, Interim City Manager qr il -10 ID 1 tO l?6 CD g :2. t �.[ s " _: �. - }s * _C V a ti " . I:_,„ , :,,!,,,,...k..,rt,- ,,,,44-i,,,, zi ,,, -- : /02 0 7 1 6 W.4p-- - :-.) , ili‘..** '%,i-1,7'•-: — i._ 71 �. �a 102081 t "° �- 0 co o 10`20811 u,, , ,A. i . *-44%----- 1020812 rt. 1020813 M '. it ..� .. aI r 1O2Q814 ` g 4 . .. ten, p Itr,I4--‘ CONTRACT FOR PURCHASE AND SALE OF REAL PROPERTY This Contract for Option for Purchase and Sale of Real Property ("Contract-) is dated the day of . 2024 ("Effective Date"). by and between CITY OF ROANOKE, VIRGINIA. a Virginia municipal corporation, with an address of Noel C'. Taylor Municipal Building. 215 Church Avenue. S. V., Room 364. Roanoke. Virginia 24011 ("Seller") and CR4NDALL PROVIDENCE BUILDING, LLC ("Buyer") (Seller and Buyer are collectively referred to herein as the "Parties" and individually as "Party"). RECITALS: WHEREAS. Seller has agreed to sell certain real property it owns. together with any improvements thereon. located at 801 Franklin Road, S.W., Roanoke. Virginia. bearing Official Tax Map No. 1020716 (referred to hereafter as the "Property-) to Buyer. and Buyer has agreed to purchase the Property from Seller, upon the terms and conditions set forth below: and WHEREAS. Roanoke City Council authorized the Roanoke City Manager to enter into this Contract pursuant to Ordinance No. . adopted by Roanoke City Council on October 21. 2024. after a public hearing was advertised and scheduled. NOW. THEREFORE. for and in consideration of the mutual covenants and conditions herein set forth. and other good and valuable consideration, the receipt and sufficiency of which is acknowledged by the Parties. the Parties hereby agree as follows: SECTION 1. DEFINITIONS. Unless the context otherwise specifies or requires. for the purpose of this Contract, the following terms shall have the meanings set forth in this Section. Closing: The consummation of this Contract by Seller's delivery to the Buyer of a Quitclaim Deed to the Property. Closing Date: The date provided for in Section 8 hereof for the Closing, which shall be a date no later than ninety days (90) days after the Effective Date. unless the Closing Date is modified as provided for herein. Days: Unless otherwise stated. this term means consecutive calendar days. Effective Date: The date listed in the first paragraph of this Contract. Feasibility Period or Feasibility Review: A period of sixty (60) days following the Effective Date, for Buyer to examine and inspect the title. environmental. and physical condition of the Property to determine if the Property is suitable to Buyer's purpose. as referenced in Paragraph 3(D) herein. 1 Improvements: Any and all improvements, and all appurtenances thereto. if any, located on the Property at the time of Closing. Property: The real property. together with any improvements thereon. located at 801 Franklin Road. S.W.. bearing Roanoke Official Tax Map No. 1020716, containing approximately 4.682 square feet, more or less: as described on the legal description attached as Exhibit 1. incorporated herein by reference. Purchase Price: The sum of Fifty Three Thousand One Hundred and No Dollars 653.100). Title Commitment: A commitment for title insurance in favor of Buyer for the Property to be issued by a Title Company. Title Company: Any nationally recognized title insurance company acceptable to Buyer. SECTION 2. PURCHASE AND SALE OF PROPERTY. A. Seller agrees to sell the Property to Buyer. and Buyer agrees to purchase the Property from Seller, upon all the terms. covenants, and conditions set forth in this Contract. B. The Purchase Price shall be payable in cash or certified check from Buyer to Seller at Closing. SECTION 3. CONDITIONS FOR COMPLETION OF CONTRACT. A. As a condition precedent to Buyer's obligation to purchase the Property or otherwise to perform any obligations provided for in this Contract, Seller, as of the Closing, shall have complied with Seller's representations and warranties in Section 7 of this Contract, and the fulfillment to the Buyer's reasonable satisfaction of Seller's delivery to Buyer on the Closing Date of title to the Property and other documents as prescribed in Section 8. As a condition precedent to Seller's obligation to sell the Property or otherwise perform any obligations provided for in this Contract. Buyer. as of the Closing, shall have complied with Buyer's obligations, representations. and warranties in this Contract. B. Buyer and or Seller may. at any time on or before the Closing Date. at its election, waive in writing any of the other party's conditions precedent referenced in this Section 3, and Buyer's and Seller's consummation of the transaction on the Closing Date shall waive all such conditions precedent. C. Buyer shall have a Feasibility Period commencing upon the Effective Date of this Agreement. and continuing for a sixty day (60) day period thereafter. unless such period is completed by Buyer sooner, during which Buyer shall have the right to enter the Property to investigate all aspects of the Property to make such marketing. financial. surveying, architectural, engineering. topographical. geological, soil, subsurface, environmental. water drainage, and traffic studies and any other audits, investigations. inspection. evaluations. studies. tests, borings, and measurements ("Feasibility Review") as Buyer deems necessary or advisable to determine whether there exist any issues that would prevent Buyer's intended use of the Property. Should Buyer determine during such Feasibility Period that the Property cannot be used by the Buyer due to any of the problems outlined above in this section. Buyer shall notify Seller in writing as soon as possible of Buyer's decision to terminate the Contract for such reason. In such event, this Contract shall thereupon be terminated and of no further force and effect without any liability of Buyer to Seller for such termination, unless Seller and Buyer mutually agree to modify this Contract in writing to address any such issues. D. Right of Entry- In connection with Buyer's ability to conduct its Feasibility Review. Seller hereby grants to Buyer. its officers, agents. employees. contractors. subcontractors. licensees, designees, representatives, and consultants. a revocable right to enter upon the Property at any time during the Feasibility Period. upon one (1) working day prior written notice to Seller. in order to survey, make test borings. and carry out such other examinations. exploratory work, or testings as may be necessary to complete Phase I and Phase II Environmental Assessments. geoteclmical assessments. or nondestructive engineering evaluations of the Property. and other examinations reasonably necessary as part of the Feasibility Review. Buyer agrees to be responsible for any and all damages resulting from the activity or activities of Buyer, its officers. agents, employees. contractors. subcontractors. licensees, designees, representatives and consultants. on the Property in the exercise of the rights granted under this Section 3. Should Buyer decline to purchase the Property. Buyer shall. at its sole cost. promptly and fully restore the Property disturbed by the exercise of the rights under this Section 3 to the same condition in which the Property existed prior to Buyer's entry on the Property. that Seller reasonably determines was damaged by Buyer's actions. E. Upon the request of Seller. Buyer. its officers. agents. employees, contractors. subcontractors. licensees. designees. representatives and consultants. shall within a reasonable period of time after receipt of any preliminary or final survey. test results or conclusory reports and opinion statements. deliver copies of same to Seller. If Seller so requests. Buyer shall also turn over copies of raw data obtained and any laboratory and observation reports or analyses. SECTION 4. BUNTER'S AND SELLER'S OBLIGATIONS. A. Seller agrees that it will do the following: (i) Seller agrees to sell to Buyer the Property in accordance with the terms of this Contract. (ii) Seller will deliver to the Buyer a quitclaim deed with English covenants of title at Closing in accordance with the terms of this Contract. B. Buyer agrees and promises that it will do and or has done the following: (i) Buyer shall purchase the Property from the Seller subject to all easements. restrictions. and covenants of record, for the Purchase Price and will make payment in accordance with the terms of this Contract. 3 (ii) Buyer agrees that Buyer is taking the Property in an AS IS, WHERE IS condition without any warranties or representations from Seller, and that Buyer has had sufficient opportunities to hilly examine the Property. SECTION 5. ASSIGNMENT. Seller agrees not to assign or transfer any part of this Contract without the prior written consent of the Buyer, which will not be unreasonably withheld. and any such assignment shall not relieve Seller from any of its obligations under this Contract. SECTION 6. FORUM SELECTION AND CHOICE OF LAW. By virtue of entering into this Contract. Buyer agrees and submits itself to a court of competent jurisdiction, which shall be the Circuit Court or General District Court for City of Roanoke. Virginia. and further agrees this Contract is controlled by the laws of the Commonwealth of Virginia, with the exception of Virginia's conflict of law provisions which shall not apply. and that all claims. disputes and other matters shall be decided only by such court according to the laws of the Commonwealth of Virginia as aforesaid. Buyer further waives and agrees not to assert in any such action. suit or proceeding. that it is not personally subject to the jurisdiction of such courts. that the action. suit or proceeding. is brought in an inconvenient forum or that the venue of the action, suit or proceeding, is improper. SECTION 7. COVENANTS AND WARRANTIES. A. In addition to any representations and warranties contained elsewhere in this Contract. Seller warrants and represents that Seller will. in accordance with this Contract, convey title to the Property in an AS IS, WHERE IS, condition to Buyer. and subject to any items of record and any matters disclosed by any survey completed by Buyer. B. Seller further represents and warrants with respect to the Property that: (i) Title. Seller has title to the Property subject to any restrictions. covenants, and easements of record and any matters which a survey would disclose. Seller is the sole owner of the Property. Seller represents that as of the Closing. no person other than Seller has any legal right to possession or occupancy of the Property under any leases or any other agreement or claim. (ii) Condemnation. Seller has no knowledge of any pending or threatened proceedings for condemnation or the exercise of the right of eminent domain as to any part of the Property or the limiting or denying of any right of access thereto. (iii) Hazardous Materials. Seller makes no warranties or representations of any type regarding hazardous materials of any type or with respect to the environmental condition of the Property. 4 (iv) Tenants. No person is occupying the Property under any lease. agreement. or claim of right. SECTION 8. TITLE AND CLOSING. A. Title to the Property shall be conveyed by Seller to Buyer by quitclaim deed. in an AS IS, WHERE IS,condition (tile "Deed") subject to the following: (i) Ad valorem real property taxes for the current year if any. not yet due and payable. stornhwater utility fees if any. for the current year, not yet due and payable. and solid waste fees if any. for the current year, not yet due and payable. and all utilities (i.e. electricity. water. cable and internet, telephone, and or gas) made current: (ii) Those matters of title to which Buyer has not objected to in writing; (iii) Those matters reflected on any survey Buyer may obtain to which Buyer has not objected to in writing: (iv) Easements and other restrictions of record as of the date of execution of this Contract by Seller; (v) Liens and objections shown on any Title Commitment purchased by Buyer: (vi) Other customary and usual exceptions not adversely affecting title: and (vii) Those items and matters set forth in this Contract and that the obligations and undertakings of the Buyer in this Contract. B. Delivery of title in accordance with the foregoing shall be evidenced by the willingness on the Closing Date of the Title Company to issue. if Buyer obtains title insurance, upon payment of its normal premium. to Buyer its A.L.T.A. (Form B) Owner's Policy of Title Insurance (tile "Title Policy") insuring Buyer in the amount of the Purchase Price in respect to the Property and that title to the Property is vested in Buyer subject only to the Conditions of Title. C'. Buyer and Seller shall consummate and complete the Closing of this transaction within thirty (30) Days after completion of the Feasibility Period set forth in Section 3 of this Contract. or such sooner date. Buyer shall designate the specific Closing date in writing to Seller at least ten (10) business days in advance thereof(the -Closing Date"). D. Tile purchase and sale of the Property shall be closed (the "Closing") at 10:00 A.M. on the Closing Date in the Office of the City Attorney. or at such other location, date. and time as shall be approved by Buyer and Seller. (i) On the Closing Date, Seller shall deliver or cause to be delivered to Buyer the following documents: 5 (a) Its duly executed and acknowledged Quitclaim Deed conveying to Buyer the Property in accordance with the provisions of this C'ontract: (b) Such evidence and documents including. without limitation. a certified copy of the ordinance or resolution adopted by Seller. as may reasonably be required by the Title Company. if title insurance is obtained. evidencing the authority of the person(s) executing the various documents on behalf of Seller in connection with its sale of the Property: (c) A duly executed counterpart of a Closing Statement (d) An Owner's Affidavit signed and notarized by Seller stating that no work which remains unpaid has been performed on the Property within the last one hundred 120 days: and (e) Any other items required to be delivered pursuant to this Contract. F. Deductions from Purchase Price- At Closing. real property taxes. stormwater utility fees. other utility fees, and solid waste fees (if any) shall be prorated with Buyer being responsible for all periods thereafter. G. Buyer shall pay for (i) the cost of all investigations of the Property including but not limited to examination of title and title insurance premiums for issuance of the Title Policy; (ii) all attorney's fees and expenses incurred by legal counsel to Buyer; (iii) any Grantee's tax and recording costs required to be paid in connection with the recording of the Deed: and (4) Grantor's tax. if any. H. Exclusive possession of the Property shall be delivered to Buyer on the Closing Date, subject to the provisions of this Contract. I. At Closing. Buyer shall deliver the Purchase Price. together with any other amounts required by this Contract. to Seller. SECTION 9. CONDEMNATION. Seller has no actual knowledge of any pending or threatened condemnation of the Property. However, if. after the date hereof and prior to the Closing Date. all or any part of Property is subjected to a bona fide threat of condemnation or condemned or taken by a body having the power of eminent domain or a transfer in lieu of condemnation. Buyer shall be promptly notified thereof in writing and within twenty (20) Days after receipt of written notice to Buyer. Buyer may by written notice to Seller elect to cancel this Contract prior to the Closing Date. in which event all parties shall be relieved and released of and from any further duties. obligations. rights. or liabilities hereunder. and thereupon this Contract shall be deemed terminated and of no further force and effect. If no such election is made by the Buyer to cancel this Contract. this Contract shall remain in full force and effect and the purchase contemplated herein. less any interest taken by condemnation or eminent domain. shall be effected with no further adjustments, and upon the 6 Closing Date. Seller shall assign. transfer, and set over to Buyer all of the right. title. and interest of Seller in and to any awards that have been or that may thereafter be made for any such taking or takings. SECTION 10. RISK OF LOSS. Risk of Loss by fire or other casualty shall be upon Seller until Closing is completed. except if such loss is the result of acts or omissions of the Buyer or Buyer's employees, agents. contractors. or representatives. in which case such loss shall be Buyer's responsibility. Provided. however. if the Property is substantially damaged or destroyed before Closing by such casualty. then either party may cancel this Contract by giving the other party thirty (30) Days written notice of such cancellation and neither party will have any further obligations to the other and Seller shall not be liable to Buyer for any failure to deliver the Property to Buyer. SECTION 11. COMMISSIONS. Seller and Buyer each warrant and represent to the other that their sole contact with the other or with the Property regarding this transaction has been directly between themselves and their employees. Seller and Buyer warrant and represent that no person or entity can properly claim a right to a commission. tinder's fee, or other compensation based upon contracts or understandings between such claimant and Buyer or Seller with respect to the transaction contemplated by this Contract. Both parties agree to be responsible for any claim, loss, cost. or expense. including, without limitation. attorneys' fees, resulting from any claim for a commission. finder's fee. or other compensation asserted against such party by any person or entity based upon such contacts or understandings. SECTION 12. NOTICES. All notices hereunder must be in writing and shall be deemed validly given, by personal service, if sent by certified mail. return receipt requested. or by a nationally recognized overnight courier. addressed as follows (or any other address the party to be notified may have designated to the sender by like notice): If to Buyer: City of Roanoke. Virginia Department of Economic Development ATTN: Marc Nelson. Director 117 Church Avenue, SW Roanoke. VA 24011 Phone: 540-853-2715 If to Seller: Crandall Providence Building. LLC ATTN: 366 Elm Avenue, S.W. Roanoke. Virginia 24017 Notice shall be deemed delivered upon the date of personal service, two days after deposit in the United States mail. or the day after delivery to a nationally recognized overnight courier. 7 SECTION 13. TIME. Time is of the essence in the Parties' respective obligations under this Contract. SECTION 14. SUCCESSORS AND ASSIGNS. This Contract shall inure to the benefit of and be binding upon the Parties hereto and their respective successors and assigns. SECTION 15. COUNTERPART COPIES. This Contract may be executed in one or more counterparts. and all such counterparts so executed shall constitute one Contract binding on all the Parties hereto. notwithstanding that all of the Parties are not signatory to the same counterpart. SECTION 16. CONSTRUCTION. The Parties acknowledge that each party and its counsel have reviewed and revised this Contract and that the normal vile of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Contract or any amendments or exhibits hereto. SECTION 17. SEVERABILITY AND SURVIVAL. If any term of this Contract is found to be invalid. such invalidity shall not affect the remaining terms of this Contract. which shall continue in full force and effect. The Parties intend for the provisions of this Contract to be enforced to the fullest extent permitted by applicable law. Accordingly. the Parties agree that if any provisions are deemed not enforceable by any court or agency of competent jurisdiction. they shall be deemed modified to the extent necessary to make them enforceable. SECTION 18. COOPERATION. Each party agrees to cooperate with the other in a reasonable manner to carry out the intent and purpose of this Contract. SECTION 19. AUTHORITY TO SIGN. The persons who have executed this Contract on behalf of the Parties represent and warrant they are duly authorized to execute this Contract on behalf of their respective entity. SECTION 20. NONWAIVER. Each party agrees that any party's waiver or failure to enforce or require performance of any term or condition of this Contract or any party's waiver of any particular breach of this Contract by any other party extends to that instance only. Such waiver or failure is not and shall not be a waiver of any of the terms or conditions of this Contract or a waiver of any other breaches of the 8 Contract by any party and does not bar the nondefaulting party from requiring the defaulting party to comply with all the terms and conditions of this Contract and does not bar the nondefaulting party from asserting any and all rights and or remedies it has or might have against the defaulting party under this Contract or by law. SECTION 21. FORCE MAJE1 RE. Neither party shall be in default or otherwise liable for any delay in or failure of its performance under this Contract if such delay or failure arises by any reason beyond its reasonable control, including any act of God. any acts of common enemy. the elements. earthquakes, floods. fires. epidemics. riots. strikes, failures or delay in transportation or communication, shortages of material, approval delays or any act or failure to act by the other party or such other party's employees, agents or contractors; provided, however. that lack of funds shall not be deemed to be a reason beyond a party's reasonable control. The Parties shall promptly inform and consult with each other as to any of the above causes which in their judgment may or could be the cause of a delay in the performance of this Contract. For purposes of this Contract. any one (1) delay caused by any such occurrence shall not be deemed to last longer than four (4) months and the party claiming delay caused by any and all such occurrences shall give the other party written notice of the same within 30 days after the date such claiming party learns of or reasonably should have known of such occurrence. Notwithstanding anything else set forth above, after a total of six (6) months of delays of any type have been claimed by a party as being subject to force majeure, no further delays or claims of any type shall be claimed by such party as being subject to force majeure and/or being an excusable delay. SECTION 22. ENTIRE CONTRACT. This Contract. together with the exhibits hereto, contains all representations and the entire understanding between the Parties hereto with respect to the subject matter hereof. Any prior correspondence. memoranda. or contracts are replaced in total by this Contract and the exhibits hereto. No amendment to this Contract shall be valid unless made in writing and signed by the appropriate parties. SELLER: CITY OF ROANOKE. VIRGINIA By: (SEAL) Dr. Lydia Pettis Patton. Interim City Manager 9 COMMONWEALTH OF VIRGINIA CITY OF ROANOKE to-wit: The foregoing instrument was acknowledged before me this day of , 2024. by Dr. Lydia Pettis Patton. Interim 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. SEAL 10 BUYER: CRANDALL PROVIDENCE BUILDING. LLC By Printed Name: Title: COMMONWEALTH OF VIRGINIA CITY OF ROANOKE. to-wit: The foregoing instrument was acknowledged before me this day of 2024 by . Managing Member of Crandall Providence Building. LLC. for and on behalf of Crandall Providence Building, LLC. My commission expires: Notary Public Registration No. SEAL Approved as to Form: Approved as to Execution: Deputy City Attorney Deputy City Attorney 11 EXHIBIT 1 Property Description Tax Map No. 1020716 Parcel 001 —Being as shown on Sheet 3 of the plans for Route 221. State Highway Project 0221- 128-102. RW-201. and lying west of and adjacent to the west proposed right of way line of Route 221 (Franklin Road) from the south existing right of way line of present Elm Avenue opposite approximate Station 3238 (Franklin Road construction centerline) to the north existing right of way line of an alley opposite approximate Station 33-62. (Franklin Road construction centerline) and containing 4.882 square feet. more or less. land: and For a more particular description of the land herein conveyed. reference is made to the photocopy of said Sheet 7. showing outlined in RED the said land. which photocopy is part of this conveyance and recorded in the State Highway Plat Book: and BEING the same property conveyed to the City of Roanoke. a Virginia municipal corporation. by quitclaim deed dated September 15. 1998 from the Commonwealth of Virginia. acting by and through the Commonwealth Transportation Commissioner. of record in the Clerk's Office of the Circuit Court for the City of Roanoke. Virginia. as Instrument No. 990001065. 12 The Roanoke Times Account Number Roanoke,Virginia 6007932 Affidavit of Publication Date CITY OF ROANOKE-CLERKS OFFICE October 11,2024 Attn Cecelia Webb 215 CHURCH AVE SW ROOM 456 ROANOKE,VA 24011 Date-- - ----Category — --Description — Hd Size - Total Cosh 10/11/2024 Legal Notices NOTICE OF PUBLIC HEARING Pursuant to the requirements 2 x 48 L 517.76 Publisher of the NOTICE OF PUBLIC HEARING Roanoke Times Pursuant to the requirements of"Sections 15.2.1800.E and 15.2-1813,Code of yin• ginia(1950),as amended,notice is hereby given that the Council of the City of Roanoke will hob apublic hearing on October 21,2024,at 1:00 p.m.,or as soon thereafter as the matter may be heard,in the Council Chamber,4thFloor, I, (the undersigned)an authorized representative of the Room 450,Noel C.Taylor Municipal Building,215 Church Avenue,S.W„Boa Roanoke Times a daily newspaper published in Roanoke, in the noke,Yirginia,24011,to receive public comments on the proposed sale of City— ownedpropertylocatedat801FranklinRoad,S.W.,bearringOfcialTaxMaP No.1020716,to Crandall Providence Baking, State of Virginia, do certify that the annexed notice NOTICE OF LLC.(Buyensl.Buyers propose to g purchase this propvrtytorttl,1W in connection with the ouparalon at a husk• PUBLIC HEARING was published in said newspapers on the ness All persons wishing to address City Council must sign-up with the City Clerk's following dates: Office by emailing clerk@roanokeva.gov or calling(540)053-2541 by 12:00 noon.on Monday,October 21,2024. The fulltext of the proposed contract and ordinance is available on and after 10/11/2024 October 11,2024,from the Office of the C ly Clerk,4th Floor,Room 456,Noel C. Taylor Municipal Building,215 Church Avenue,S.W.,Roanoke,Virginia,24011; by telephone,at(540)853.2541,orbyemailatderk@raanokeva.gov.For fur- ther information an the matter,you may contact the Office of the City Clerk at (540)853.254L Ifyou are a person with a disabiity who needs accommodations for this hear. leg,please contact the City clerk's Office at(540)853.2541,before 12:BBnoon on Thursday,October a 2024. The First insertion being given ... 10/11/2024 The City of Roanoke provides interpretation at no cost for all pubic meetings, upon request.If you would like to request an interpreter,please let us Mow at Newspaper reference: 0001499503 least 24 hours inadvarxeby calling(540)853-1283. La Ciudad de Roanoke proportion interpretacidn sin costo par todas cites Mikes,osa irevia s24hora Si noted ete deign pasolr un 401853et2,hi3. Oslo sa- ber con al mends 24taras deamel�idn par Omar(540)8S3.12ffi. Jill ia0ganoke inatoe huduma ya ukelimani bilamatpo katika mikutano vote ya umma,inapaonnbwa.bvapo ungependa kuombamkalimani,tafadhai tujulisheangalausaa24kablakwakupiga slant(540)853.1283 BillingRepresentative 853.1283(540) P Given under my hand thi511th day of October 2024. Sworn to and subscribed before me this 11th Day of October 2024 Cecelia F.McCoy,City Clerk )----VLEILO —A ..(31.A.,\ No ary Public State of Virginia Kimberly Kay Harris County of Hanover NOTARY PUBLIC My Commission expires Commonwealth of Virginia Reg.No.356753 Commission Exp.Jan.31,2025 THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU NOTICE OF PUBLIC HEARING Pursuant to the requirements of Sections 15.2-1800.B and 15.2-1813, Code of Virginia(1950), as amended,notice is hereby given that the Council of the City of Roanoke will hold a public hearing on October 21, 2024, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, 4th Floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011, to receive public comments on the proposed sale of City-owned property located at 801 Franklin Road, S.W., bearing Official Tax Map No. 1020716, to Crandall Providence Building, LLC.(Buyers). Buyers propose to purchase this property for $53,100 in connection with the expansion of a business. 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, October 21, 2024. The full text of the proposed contract and ordinance is available on and after October 11, 2024, from the Office of the City Clerk, 4th Floor, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011; 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, October 17, 2024. The City of Roanoke provides interpretation at no cost for all public meetings, upon request. If you would like to request an interpreter, please let us know at least 24 hours in advance by calling (540) 853-1283. La Ciudad de Roanoke proporciona interpretacion sin costo por todas citas publicas, previa solicitud. Si usted desea solicitar un interprete,haganoslo saber con al menos 24 horas de antelacion por llamar(540) 853-1283. Jiji la Roanoke linatoa huduma ya ukalimani bila malipo katika mikutano yote ya umma, inapoombwa. Iwapo ungependa kuomba mkalimani, tafadhali tujulishe angalau saa 24 kabla kwa kupiga simu(540) 853-1283. J .-)YA L5 43 ja L,°9'0a CLL-4 aoA `1 i_)to(540) 853-1283 &AI bJ li L..)":"&J.). 24 31.1-i , i Given under my hand this 11th day of October 2024. Cecelia F. McCoy, City Clerk Note to Publisher: Please publish once in the Roanoke Times, legal notices, on Friday, October 11, 2024. Please send bill to: Angela O'Brien, Deputy City Manager 215 Church Avenue, S.W., Room 364 Roanoke, Virginia, 24011 Please send affidavit of publication to: Cecelia F. McCoy, City Clerk 4th Floor, Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 41111,- ROANOKE City Council Report Back October 7, 2024 Meeting VA250 Virginia American Revolution 250 Commission (VA250) was established by the General Assembly to mark the nation's, and Virginia's, 250th birthday. Del. Terry Austin, Chair of the Commission, and Ms. Cheryl Wilson, Executive Director, presented an overview of the history and vision of the Commission. They asked, with Council's blessing, to co-host Freedom Fest with Parks and Recreation in July of 2025. Report Back: Deputy City Manager Angie O'Brien is coordinating with Del. Austin and the Communications Office to guide the planning efforts. ARPA Questions Ms. O'Brien gave a report on ARPA funding but was waiting for final guidance from the Department of the Treasury regarding any restrictions on interest earned. Report Back: The Treasury has decided to allow unrestricted use of interest earned. The City has earned close to $3 million in interest, and it will remain designated for Federal grant matches, capital improvements for the Harrison Museum, youth recreation programs, and unassigned and stabilization reserves. Staff are also developing a technical assistance strategy to assist smaller non-profits and grassroots organizations in grant applications. DCJS Juvenile Justice and Delinquency Prevention Funding Councilwoman Moon-Reynolds requested additional information about the properties in which this program would be delivered and the curriculum that will be used. Ms. Coleman, Director of Human and Social Services, is working with Family Services of Roanoke Valley (FSRV) to execute the grant and needed to get additional information from them. Report Back: FSRV currently operates mental health services at three Roanoke Redevelopment and Housing Authority neighborhoods: Jamestown Place, the EnVision Center (adjacent to Lansdowne Park), and Morningside Manor. The performance sites include Family Services of Roanoke Valley, the EnVision Center, Jamestown Place Apartments, and Morningside Manor Apartments. The Connection Project (TCP) is an evidence-based positive youth development curriculum. TCP is a proven program tailored for high school students, offering a transformative journey toward personal growth and social connectivity. At its core, TCP cultivates authentic relationships among participants, both with peers and supportive adults. Through structured activities and discussions, teens acquire invaluable relationship skills applicable in various life contexts, nurturing a profound sense of belonging and camaraderie. This emphasis on connections resonates deeply with participants, who consistently highlight it as the cornerstone of their TCP experience, fostering a supportive environment where they can flourish. As participants engage with the program's 12 lessons, led by caring facilitators, they embark on a journey of self-discovery and skill development, ultimately emerging with heightened resilience and a more positive outlook toward their future. This emphasis on holistic well-being underscores TCP's commitment to nurturing the whole individual, fostering a generation of empowered and thriving young adults prepared to make meaningful contributions to their communities. Bicycle Public Education Mr. Ross Campbell, Public Works Director, gave a report to Council on the City's cycle tracks and available bicycle training programs. The issue was raised again that residents often park vehicles or leave trash carts, brush, and debris in bicycle lanes, creating an unsafe situation for both cyclists and drivers. Report Back: Ms. Corbin is working with RVTV, General Services, Transportation, Stormwater, and Solid Waste to create a series of short public education videos. These videos will explain the difference between road shoulders, bike lanes, and mobility tracks. They will also highlight the importance of proper placement of garbage, leaves, and brush for everyone's safety. Along with the videos, a communications plan will be rolled out to ensure as many people as possible view the videos.