Loading...
HomeMy WebLinkAbout7/21/2020 - Regular1 Vinton Town Council Regular Meeting Council Chambers 311 South Pollard Street Tuesday, July 21, 2020 AGENDA Consideration of: A. 7:00 p.m. - ROLL CALL AND ESTABLISHMENT OF A QUORUM B. MOMENT OF SILENCE C. PLEDGE OF ALLEGIANCE TO THE U. S. FLAG D. UPCOMING COMMUNITY EVENTS/ANNOUNCEMENTS E. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS F. INVESTITURE SERVICE 1. Town Clerk administers Oath to: a. Vice Mayor – Sabrina M. McCarty 2. Presentation of Election Certificates 3. Appointment of Interim Police Chief effective August 1, 2020 a. Town Clerk administers Oath of Office to Interim Police Chief G. CONSENT AGENDA 1. Consider approval of minutes of the Regular Council meeting of July 7, 2020 2. Consider adoption of a Resolution approving the amended Title VI of the Civil Rights Act Implementation Plan H. AWARDS, INTRODUCTIONS, PRESENTATIONS, PROCLAMATIONS 1. Introduction of new Police Officers 2. Recognition of Thomas L. Foster, Chief of Police – Town Council Sabrina M. McCarty, Vice Mayor Keith N. Liles, Council Member Laurie J. Mullins, Council Member Michael W. Stovall, Council Member Vinton Municipal Building 311 South Pollard Street Vinton, VA 24179 (540) 983-0607 2 3. Presentation of the Virginia Risk Sharing Association (VRSA) Margaret A. Nichols Risk Management Leadership Award – Town Manager I. CITIZENS’ COMMENTS AND PETITIONS - This section is reserved for comments and questions for issues not listed on the agenda. J. TOWN ATTORNEY K. TOWN MANAGER 1. BRIEFINGS a. Briefing on the Limited Service Hotel Market Study for the property located at the corner of South Pollard Street, 1st Street and Cedar Avenue – Pete Peters/Christian Abbate with DPC Hospitality b. Briefing on new Town of Vinton Employee Handbook – Donna Collins 2. ITEMS REQUIRING ACTION a. Consider adoption of a Resolution authorizing the Town Manager to file an application for allocation of funding from the Virginia Department of Housing and Community Development (DHCD) Industrial Revitalization Fund (IRF) for the Gish Mill Redevelopment Project – Anita McMillan b. Consider adoption of a Resolution authorizing the Town Manager to execute an Agreement with Roanoke County for the Use of CARES Act Funds – Anne Cantrell 3. COMMENTS/UPDATES L. REPORTS FROM COUNCIL COMMITTEES M. MAYOR N. COUNCIL O. ADJOURNMENT P. WORK SESSION 1. Review of Council Orientation Manual – Town Attorney NEXT COMMITTEE/TOWN COUNCIL MEETINGS: August 4, 2020 – 7:00 p.m. – Regular Council Meeting – Council Chambers Reasonable efforts will be made to provide assistance or special arrangements to qualified individuals with disabilities in order to participate in or attend Town Council meetings. Please call (540) 983-0607 at least 48 hours prior to the meeting date so that proper arrangements may be made. Meeting Date July 21, 2020 Department Town Clerk Issue 1. Town Clerk administers Oath to: a. Vice Mayor – Sabrina M. McCarty 2. Presentation of Election Certificates 3. Appointment of Interim Police Chief effective August 1, 2020 a. Town Clerk administers Oath of Office to Interim Police Chief Summary None Attachments None Recommendations Town Clerk conducts Investiture Service Motion to elect Interim Police Chief and Town Clerk administers Oath Town Council Agenda Summary Meeting Date July 21, 2020 Department Town Clerk Issue Consider approval of the minutes of the Regular Council Meeting of July 7, 2020 Summary None Attachments July 7, 2020 minutes Recommendations Motion to approve minutes Town Council Agenda Summary 1 MINUTES OF A REGULAR MEETING OF VINTON TOWN COUNCIL HELD AT 7:00 P.M. ON TUESDAY, JULY 7, 2020, IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA MEMBERS PRESENT: Bradley E. Grose, Mayor Keith N. Liles Laurie J. Mullins Michael W. Stovall MEMBERS ABSENT: Sabrina McCarty STAFF PRESENT: Barry W. Thompson, Town Manager Susan N. Johnson, Executive Assistant/Town Clerk Jeremy Carroll, Town Attorney Pete Peters, Assistant Town Manager/Director of Economic Development Anne Cantrell, Finance Director/Treasurer Tom Foster, Police Chief Anita McMillan, Planning & Zoning Director Joey Hiner, Public Works Director The Mayor called the regular meeting to order Council Member Roll call After a Moment of Silence, Natalie Mullins led the Pledge of Allegiance to the U.S. Flag. The Mayor turned the meeting over to Susan Investiture Service. Ms. Johnson then proceeded to administer the Oath of Office to Mullins, Keith N. Liles and Mayor Grose. After taking their Oath of Office, each made brief comments. The Mayor next called for nominations for the office of Vice Mayor. Council Member Liles made a motion to elect Sabrina McCarty Hearing no other nomination, seconded by Council Member Stovall and carried by the following roll call voting: Vote 4-0; Yeas (4) – Liles, Mullins, Stovall, Grose; Nays (0) – None; Absent (1) - McCarty. Elected Sabrina McCarty as Vice Mayor for a term beginning July 1, 2020 to June 30, 2022 The next item on the agenda was the appointment of Council- Council Member Liles made a motion to re- appoint Barry W. Thompson as Town Manager for 2 N. Johnson as Town Clerk; Anne Cantrell as Treasurer/Finance Director; Thomas L. Foster as Chief of Police and Jeremy Carroll as Town Attorney for terms ending on June 30, 2022. The motion was seconded by Council Member Mullins and carried by the following roll call vote, with all members voting: Vote 4-0; Yeas (4) – Liles, Mullins, Stovall, Grose; Nays (0) – None; Absent (1) – McCarty. Re-appointed the five Council-appointed officers The next item on the agenda was the appointment of members to the Council-appointed Committees. Council Member Mullins following Committees for two- June 30, 2022: Sabrina McCarty and Keith Liles to the Economic Development Committee; Mayor Grose and Mike Stovall Committee; Mike Stovall and Laurie Mullins to the Public Safety Committee and Keith Liles and The motion was seconded by Council Member Liles and carried by the following roll call vote, with all members voting: Vote 4-0; Yeas (4) – Liles, Mullins, Stovall, Grose; Nays (0) – None; Absent (1) - McCarty. Appointed members of Council to the four Council-appointed Committees for two- year terms ending June 30, 2022 The next item on the agenda was the Committees. motion to appoint Mike Stovall and Chris McCarty Strategy (CEDS) to new three- beginning July 1, 2020 and ending June 30, 2023; Pete Peters to the Roanoke Valley-Alleghany Regional Commission Executive Committee to an unexpired term beginning August 1, 2020 to June 30, 2022, to replace Barry Thompson; Mike Planning Organization (RVTPO) to a three-year term beginning July 1, 2020 and ending June 30, 2023 to replace Janet Scheid; Keith Liles to a new three- June 30, 2023 and Anita McMillan as the non- voting member to a three- July 1, 2020 and ending June 30, 2023 to replace Pete Peters; Laurie Mullins to the Roanoke Valley Regional Cable TV Committee to replace Sabrina McCarty and Susan Johnson to replace Pete Peters to terms beginning July 1, 2020 and Laurie 3 Committee. The motion was seconded by Council Member Mullins call vote, with all members voting: Vote 4-0; Yeas (4) – Liles, Mullins, Stovall, Grose; Nays (0) – None; Absent (1) - McCarty. Appointed Council Members, citizens and Town Staff to Boards/Commissions/ Committees The next item on the agenda was the appointment of an Acting Town Manager. Council effective August 1, 2020. seconded by Council Member Mullins and carried voting: Vote 4-0; Yeas (4) – Liles, Mullins, Stovall, Grose; Nays (0) – None; Absent (1) - McCarty. Appointed Richard W. (Pete) Peters as Acting Town Manager effective August 1, 2020 Under upcoming community events/ announcements, Pete Peters following: July 11 – 7-10:00 p.m. - Market with Uptown and Master Sergeant BBQ – Farmers’ Market and July 25 – 7-10:00 p.m. – Mingle at the Market with Mountain Grille – Farmers’ Market. These events entertainment and public amusement and will have additional signage, ma distancing and all volunteers will be wearing face Council Member Liles approve the Consent Agenda, as presented; the motion was seconded by Council Member Stovall and carried by the following vote, with all members voting: Vote 4-0; Yeas (4) – Liles, Mullins, Stovall, Grose; Nays (0) – None; Absent (1) - McCarty. Approved minutes of the Regular Council Meeting of June 16, 2020 The next item on the agenda was the briefing on Fund (ESHPF), and from the Virgi Industrial Revitalization Fund (IRF). In the absence of Nathan McClung, Pete Peters Purchase Agreement between the Town and Gish rehabilitation of Gish Mill. The Agreement called for a nine- 4 rehabilitation grants and finalize design elements to account for the floodway and historical preservation Department of Historic Resources and the Virginia State Review Board both recommended the Mill as Register of Historic Places and Virginia Landmarks Register. Staff now plans to proceed to part two of State designations. In concert with the due diligence period, Town staff DHR for the ESHPF funds. These funds were set aside due to Hurricanes Florence and Michael and made completion of the hydrolog Study and the no- activities necessary to stabilize the building from damage that occurred during the two Hurricanes and will be applied toward submit Register nomination. The Town is also working on submitting a $600,000 Fund (IRF) to assist with the actual rehabilitation, repair costs and balance of the funding required to make the operate. This grant is critical to make the project work and is designed for shovel- restore former industrial properties that have fallen distressed areas. Mr. Peters also commented that Nathan McClung had these two applications and expressed appreciation to him for his work on the project. Council will be asked to take action on a formal Resolution at the st The next item on the agenda was to consider adoption of a Resolution awarding an engineering contract with Rummel, Klepper and Kahl, (RK&K), LLP, for the Walnut Avenue Bicycle and Pedestrian Accommodations Project – Street. Anita McMillan commented that the Town 5 the contract, a copy of which was provided to Council at the meeting. The project is for Phase 2 of Walnut Avenue which will be from Avenue to 1st Street. The project is $545,250.00 and it is 100% funded by the Surface Transportation Block Grant (STBG) which was formerly the Regional (RSTP) Program Funding. Proposal (RFP) was advertised in March and seven firms submitted an RFP. The Selection Committee interviewed four firms and selected RK&K. Ms. McMillan next commented that t Agreement and the RFP were both reviewed by the Virginia Department of Transportation (VDOT) to make sure it met all of the Federal Highway Administration requirements. some outstanding issues being discussed between the parties and the Resolution was drafted to allow substantially the same as what has been provided this evening. Council Member Stovall made a motion to adopt the Resolution as presented; the motion was seconded by Council Member Mullins following roll call Vote 4-0; Yeas (4) – Liles, Mullins, Stovall, Grose; Nays (0) – None; Absent (1) - McCarty. Adopted Resolution No. 2368 awarding an services contract and authorizing the Town Rummel, Klepper and Kahl, (RK&K), LLP, Pedestrian Accommodations Project – W. Lee Avenue to 1st Street The next item on the agenda was to consider SMART SCALE funds for the Walnut Avenue Project Smart Scale funds are available every two years on the even years and this would be the Town’s third year to try for these funds. The estimated cost that has been provided is approximately $5.8 million and s for assisting in estimating the cost and providing the detail with the design plan. The pre-application required was submitted in April and the full application is due by August 3, 2020. 6 If this is not funded, next year we can apply for the STBG funds, which is on odd years. The STBG is a lot easier because it is regional. All the localities in the State have to compete for the Smart Scale and it is always a challenge for the Town because they are looking at interstate. Even though this is a local street, it is the main Roanoke City. Council Member Liles made a motion to adopt the Resolution as presented; the motion was seconded by Council Member Stovall Vote 4-0; Yeas (4) – Liles, Mullins, Stovall, Grose; Nays (0) – None; Absent (1) - McCarty. Adopted Resolution No. 2369 authorizing the Town Manager to file an application for Project The next item on the agenda was to consider adoption of a Resolution re-appropriating $86,145.00 from the FY 2021 Re-Appropriated Restoration Projects. Anne Cantrell commented in April of 2020 Council appropriated this project. Public Works has had several delays in getting this project accomplished due to the Roanoke County permitting process being held up and the contractor having to get a re-certification. At the end of the fiscal year, we expended and we are asking for the balance to be re-appropriated to the current fiscal year to complete the project. Council Member Liles made a motion to adopt the Resolution as presented; the motion was seconded by Council Member Stovall Vote 4-0; Yeas (4) – Liles, Mullins, Stovall, Grose; Nays (0) – None; Absent (1) - McCarty. Adopted Resolution No. 2370 re- appropriating $86,145.00 from the FY 2021 Re-Appropriated Fund Balance to the Utility Fund Special Projects Expense Account for Projects The next item on the agenda was to consider establishing 2020-2021. The Town Clerk commented that every adopts their regular meeting schedule. Usually the first meeting in August is National Night Out, but we were moved to October 6th. The schedule would make August 4, 20 a regular Council meeting and would 7 cancel the October 6th meeting so staff and Council could participate in National Night Out. Council Member Stovall made a motion to adopt the regular meeting schedule for FY 2020- presented Member Mullins and carried by the following roll call vote, with all members voting: Vote 5-0; Yeas (5) – McCarty, Scheid, Stovall, Liles, Grose; Nays (0) – None. Adopted the regular meeting schedule for FY 2020-2021 The Town Manager commented the Pete Peters would bring Council up-to- would be going out to the citizens collection changes and repairs. Council explains the changes to the bulk collection cycle going to bi-weekly and has a color-coded calendar. It will be posted to the Town website and social media accounts in the next week or two and Messenger. Also, there will be a direct mailing of a magnet to every resident to remind them adjustments for the balance of the calend In essence starting August 10th, the collection cycle will go to a bi- alternating with recycling every other week. Pete Peters next commented there has been some Ground Monu been out of service for several months and staff has been the Monument Committee, but because of COVID- 19 it has been delayed several times. The repairs include some electrical Monument itself. Staff worked to have it working for the July 4th Holiday and took it back off-line on Monday, July 6th with the hope to have the repairs completed within a month or so dependent the contractors’ availability. Events. Chief Foster commented that a Reconnect Event has been Community for August 14th from 5-7:00 p.m. and th 8 7:00 p.m. They will be working to schedule two additional meetings in September, one outside of the Dillon Woods Community hopefully at one of the churches at their picnic shelter and one at Herman L. Horn for the Mountain View/Bali Hai area. Mike Caldwell is organizing the events and is community leader from each of those sections to go out and distribute flyers advertising the events. Chief Foster next commented that last Thursday his approved by the full Senate was signed by the President. He then expressed appreciation to Council for the Vinton Police Chief, some of the finest people he has ever worked with community. The Mayor congratulated Chief Foster and promotion. He appreciated what he has done in the Town and the job he has done in developing professionalism in the Police Department. Council years’ worth of work in five years and Council Member Stovall commented that the Town has had in a long time and concurred with Council Member Liles’s comments. The Mayor commented that the Town is very Committee that Mr. Peters mentioned is a citizens’ committee and that it was a citizen- Although One of the unique things about the M that it does not glorify any individual, battle or war, but recognizes those who h serving this country in the military. The Mayor next read some prepared comments on the exciting future of the Town, the current Council and the Councils of the past and gave a challenge what we can do together. Comments from Council Members: Council Member Liles crowning the Dogwood Queen on July 4th and the success of the event. He also learned that day that 9 longest in the State. He also welcomed Council Member Mullins working with her. expressed kind, helpful and welcoming. She also commented and the parade for Mr. Hanks, a former neighbor of hers, that turned 93 today and appreciated all of the participation o appreciated all he has done and expressed thanks to Pete Peters for the recent tours of Gish Mill and Vinyard Station. Council Member Stovall commented on the work that has been done on Mountain View Road and the meet and eat that he had mentioned before to show Member Mullins Council cast are for the legacy of the Town, not for today and that when people look back 10-20 years, we hope they will say that with the help from Town staff we truly made a difference. Council Member Mullins made a motion to adjourn the meeting; the motion was seconded by Council Member Liles and carried by the following vote, with all members voting: Vote 4-0; Yeas (4) – Liles, Mullins, Stovall, Grose; Nays (0) – None; Absent (1) - McCarty. The meeting was adjourned APPROVED: ________________________________ Bradley E. Grose, Mayor ATTEST: ______________________________ Susan N. Johnson, CMC, Town Clerk Meeting Date July 21, 2020 Department Planning and Zoning Issue Consider adoption of a Resolution approving the amended Title VI of the Civil Rights Act Implementation Plan Summary The Town of Vinton, as a Local Public Agency (LPA) and a recipient of federal-aid funding, is required to fulfill 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. On March 3, 2020, Town Council adopted Resolution No. 2347, authorizing the Town Manager to prepare and submit a Title VI Implementation Plan to Virginia Department of Transportation (VDOT). On March 5, 2020, Staff submitted the adopted Title VI Implementation Plan to VDOT Salem District Civil Rights Personnel. On June 9, 2020, Staff was informed by Salem District personnel that the Town of Vinton was the first locality in the Salem District to adopt the Title VI Plan, and it was the first Title VI Plan to be reviewed by the Salem District personnel. According to them, based on a review by the VDOT Richmond Central District personnel and Federal Highway Administration (FHWA) requirements, minor revisions to the adopted plan have to be made since the Title VI only requires three categories of protected groups (race, color, and origin) to be listed. The Town’s Plan included a list of other protected groups (ancestry, gender, gender expression, gender identity, genetic information, etc.). Additionally, the title of Appendix G Grievance Form and Complaint Log on Page 30 is to be revised to Discrimination Complaint Form and Complaint Log and Town of Vinton Grievance Form on Page 31 need to be revised to Town of Vinton Discrimination Complaint Form; list of discrimination protected status to be revised to only list race, color, national origin, other. Attachment Town of Vinton Title VI Implementation Plan – Amended July 21, 2020 Resolution Recommendations Motion to adopt Resolution Town Council Agenda Summary TITLE VI IMPLEMENTATION PLAN Agency Administrator Barry W. Thompson, Town Manager Prepared by: Anita J. McMillan, Planning and Zoning Director Approved March 3, 2020 Amended July 21,2020 TABLE OF CONTENTS TITLE VI STATEMENT OF COMMITMENT ......................................................................... I. INTRODUCTION ..................................................................................................................... 1 II. TITLE VI AND RELATED AUTHORITIES ................................................................. 1 III. ORGANIZATION AND STAFF RESPONSIBILITIES ............................................... 2 IV. TITLE VI PROGRAM IMPLEMENTATION .............................................................. 7 V. DISCRIMINATION COMPLAINT PROCEDURES .................................................. 15 VI. REVIEW OF TOWN DIRECTIVES ............................................................................. 19 VII. COMPLIANCE AND ENFORCEMENT PROCEDURES ......................................... 20 APPENDIX A: Clauses for Contractor ................................................................................... 24 APPENDIX B: Clauses for Deeds ............................................................................................ 25 APPENDIX C: Clauses for Transfer of Real Property .......................................................... 26 APPENDIX D: Clauses for Construction/Use/Access to Real Property ............................. 27 APPENDIX E: Contractor Title VI Assurances ................................................................... 28 APPENDIX F: Town of Vinton Departments List .................................................................. 29 APPENDIX G: Discrimination Complaint Form and Complaint Log .................................. 30 APPENDIX H: Town of Vinton Demographics and LEP Encounter Log Form ................. 33 APPENDIX I: I Speak Cards..................................................................................................... 36 APPENDIX J: Employee Acknowledgement ........................................................................... 40 APPENDIX K: Public Involvement Survey ............................................................................. 42 TITLE VI STATEMENT OF COMMITMENT The Town of Vinton, hereinafter also referred to as the Local Public Agency “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, Town of Vinton 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. Town of Vinton 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 Town of Vinton 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. The Human Resources/Risk Management Director has been designated as the LPA’s Title VI and Americans with Disabilities Act (ADA) 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 Donna Collins, Human Resources/Risk Management Director, at 311 S. Pollard Street, Vinton, VA 24179, 540-983-0604, dcollins@vintonva.gov. Barry W. Thompson, Town Manager / Date Agency Administrator Page 1 of 43 I. INTRODUCTION The Town of Vinton’s mission is to excel at providing quality services for the benefit of all residents while developing, maintaining, and enhancing the resources of the area. 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 1987 makes clear that pursuant to Title VI discrimination is prohibited throughout any department of a local agency that accepts Federal financial assistance. The Town periodically receives federal funding from the Federal Highway Administration (FHWA) and other federal program funding. As a recipient of such federal aid, the Town is required to comply with Title VI and the related Department of Transportation regulations (Title 49 CFR Part 21). This Title VI Implementation Plan is a part of Town of Vinton’s continual and ongoing effort to proactively meet the minimum compliance requirements established under title VI of the Civil Rights Act of 1964 (title VI), 49 CFR § 26, and the related anti-discrimination statutes and regulations. With this Implementation Plan, the Town of Vinton seeks to provide continued transparency, clarity and technical guide for internal and external constituents regarding its Title VI program. II. TITLE VI AND RELATED 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 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. Page 2 of 43 23 Code of Federal Regulations (CFR) Part 200, the Federal Highway Administration Title VI Program Implementation and Review Procedures. UDDOT Order 1050.2A Executive Order 12898 (issued February 11, 1994) addresses Environmental Justice (EJ) regarding minority and low-income populations. Agencies must develop strategies to address disproportionately high and adverse human health or environmental effects of their programs on minority and low-income populations; promote nondiscrimination in federal programs substantially affecting human health and the environment; and provide minority and low-income communities’ access to public information and an opportunity for public participation in matters relating to human health or the environment. Executive Order 13166 (issued August 16, 2000) improves access to services for persons with limited English proficiency. Agencies are directed to evaluate services provided and implement a system that ensures that Limited English Proficiency (LEP) persons are able to meaningfully access the services provided, consistent with, and without unduly burdening the fundamental mission of the local agency. Agencies are directed to ensure that recipients of federal financial assistance provide meaningful access to programs, services and information to their LEP applicants and beneficiaries free of charge. Language barriers have the potential of prohibiting LEP persons from: • Obtaining services and information relating to Town services, programs and projects. • Taking advantage of Town programs and activities, which could affect their jobs and social opportunities. • Understanding the benefits to which they are entitled when their home or business is acquired through eminent domain. Limited English Proficient persons refer to persons for whom English is not their primary language and who have a limited ability to read, write, speak or understand English. It includes people who reported to the U.S. Census that they speak English less than very well, not well or not at all. LEP persons are entitled to language assistance under Title VI of the Civil Rights Act of 1964, and federal assistance recipients shall take reasonable steps to ensure meaningful access to benefits, services, information and other important portions of their programs and activities. III. ORGANIZATION AND STAFF RESPONSIBILITIES A. Relationship of Civil Rights Coordinator/Town Manager of the Town of Vinton Town Administrator – The Town Manager is authorized to ensure compliance with provisions of the Town’s policy of nondiscrimination and with the law, including the requirements of 23 CFR Part 200 and 49 CFR Part 21. The Town’s grants compliance function and Title VI coordination shall be performed under the authority of the Town Administrator. Page 3 of 43 Title VI and Americans with Disabilities Act (ADA) Coordinator – The Town of Vinton Human Resources/Risk Management Director will perform the duties of the Title VI and ADA Coordinator and ensure implementation of the Town’s Title VI Federally Funded Transportation Program. The Town’s Title VI Coordinator has a direct reporting and access to the Town Manager, the Town’s chief executive officer. B. Statement of Responsibility and Authority of Title VI Coordinator As authorized by the Town of Vinton 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 Town of Vinton Administrator. Complaints • Review written Title VI complaints that may be received by the Town Vinton following the adopted procedural guidelines. Data Collection • Review the statistical data gathering process periodically to ensure sufficiency of data for meeting the requirements of Title VI program administration. Training Programs • Conduct or facilitate training programs on Title VI issues and regulations for the Town’s employees; and facilitate Title VI training for appropriate personnel, board and committee members, contractors, and sub-recipients. A log or summary of training conducted shall be kept. Title VI Plan Update • Review and update the Town’s Title VI Implementation Plan as needed or required. • Present updated plan to the Town’s 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 Page 4 of 43 • Identify goals and objectives for the upcoming year as required; and submit to VDOT. Public Dissemination • Work with Town’s personnel to develop and disseminate Title VI program information to employees, board and committee members, council 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 the Town’s program areas to establish procedures for promptly resolving deficiencies, as needed. • Recommend procedures to identify and eliminate discrimination that may be discovered in any of the Town’s processes. Maintain Legislative and Procedural Information • Keep informed about Federal laws, rules, and regulations, Federal Highway Administration (FHWA) or Virginia Department of Transportation (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. C. Program Administration Multidisciplinary Approach of Title VI To ensure the Town complies with Title VI of the Civil Rights Act of 1964 and other related statutes, the Town will establish a Title VI Multidisciplinary Team. The Team will use the systematic approach, communication and continuous interaction to proactively ensure nondiscrimination in all of Town’s programs and activities. The multidisciplinary approach focuses on team efforts to ensuring nondiscrimination in all of the Town’s programs and activities. In implementing this approach, the Town will employ the guidance provided by the FHWA. The Town will designate specific staff from applicable departments that are administering federal grants and/or providing programs and activities funded from federal assistance or other types of transportation related funding as Title VI Specialist(s). The members of the team consist of the Title VI Coordinator and Title VI Specialists. The Team’s focus is to: • Foster awareness of nondiscrimination requirements Page 5 of 43 • Participate in the development and implementation of the Title VI Program • Identify areas of need requiring mitigation measures • Formulate and prioritize strategies to address areas of mitigation • Recommend revisions to the Title VI Implementation Plan. • Develop a Title VI Work Plan • Implement Title VI Program Plan • Continuously assess and recommend adjustments to the Title VI Implementation Plan as necessary for effectiveness. Title VI Specialists – Additionally, the Town has designated Title VI Specialists in special emphasis program areas. The Specialists shall work in concert with 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, handicap/disability, age and sex of participants in, and beneficiaries of the Town’s federally funded transportation programs. Each of the Specialists 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 Economic Development Finance/Purchasing Planning and Zoning Public Works Police/Law Enforcement Community Programs and Vinton War Memorial Financial Services Analyst Planning and Zoning Director Public Works Director or Administrative Manager Executive Assistant to the Chief of Police Community Programs and Facilities Director Page 6 of 43 D. Organizational Chart Page 7 of 43 IV. TITLE VI PROGRAM IMPLEMENTATION A. Town of Vinton Equal Opportunity and Nondiscrimination Policy The Town is committed to providing equal opportunities to all employees, applicants, residents, customers, and persons doing business with the Town and will ensure that people may participate in, enjoy the benefits of, and be free from discrimination under any program or activity it administers without regard to any protected status, including: • Race • Color • National Origin B. Title VI Statement The Town, under Title VI of the Civil Rights Act of 1964, is committed to operating its programs, activities, and services in such a way that no person shall be excluded from the equal distribution of its services and amenities based on their race, color, and national origin. The Town has developed a notice to the public informing them of their rights under Title VI. Any person who believes she or he has been aggrieved by any unlawful discriminatory practice under Title VI may file a complaint with the Town of Vinton and/or Federal Highway Administration. The Town’s complaint process and complaint forms are included in Appendix G and the Town’s website: https://www.vintonva.gov/18/Human-Resources. The Town’s objective is to: • Ensure that the level of quality of programs, projects and services are provided without regard to race, color, and national origin. • Promote the full and fair participation of all affected populations in decision making; • Prevent the denial, reduction, or delay in benefits related programs and activities that benefit minority populations or low-income populations; and • Ensure meaningful access to programs and activities for persons with Limited English Proficiency (LEP). The Town is committed to complying with Title VI requirements for all programs and services delivered to the public. The Title VI Program (Program) serves as a guide and reflection of the Town’s commitment to preserving the civil rights for all individual and group benefactors of Town’s program and services. The Town's Title VI Assurances, executed pursuant to Department of Transportation (DOT) Order No. 1050.2A, are included. C. Town Governance The Town is governed by an elected Council of five members. The Town provides main services with over 75 full and part-time employees and seven departments. Other services and programs are also provided by Roanoke County. Page 8 of 43 D. Title VI and ADA Coordinator The Town’s Title VI/ADA Coordinator, the Human Resources/Risk Management Director, is responsible for the overall Title VI Program. The Title VI Coordinator provides guidance and technical assistance on Title VI matters and has overall program responsibility for preparing reports and developing program procedures. Additional assistance is provided by the Planning and Zoning Director (e.g., transportation and greenway projects). The Title VI Coordinator responsibilities include: a. Promptly processing and resolving Title VI complaints; b. Collecting demographic data (race, color, national origin) of participants in and beneficiaries of the Town’s Federal-aid programs, activities, and services; c. Promptly resolving areas of deficiency; 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 Town’s Title VI program; and g. Developing and coordinating Title VI information for public dissemination, including where appropriate in languages other than English. E. Education and Training To ensure compliance through education and training, the Town’s VI and ADA Coordinator will: • Distribute information to personnel, board and committee members, and council on training programs regarding Title VI and related nondiscrimination authorities. • Offer training to staff in Title VI nondiscrimination and implementation. • Track Title VI nondiscrimination training of staff and board and committee members. • Develop Title VI educational information for dissemination to the general public. F. Communications and Public Participation Plan The Town is committed to ensuring that projects, programs, and services delivered by the Town are sensitive to the various demographic backgrounds within the Town. The Town Public Participation Plan (PPP) is for use by the Town to promote public involvement in the planning and decision-making process of projects, programs, and services. As a recipient of Federal funding, the Town is required to adhere to Title VI of the Civil Rights Act of 1964 and to integrate the PPP into its Title VI Program. The PPP provides guidelines for involving the public to ensure that all groups are represented and their needs considered. The Town is committed to ensuring it serves the residents and businesses of the Town fairly, consistently, and in the most cost-efficient and appropriate manner within available resources. The Town endeavors to communicate with and provide opportunities for minority, low-income, and disabled persons to participate. To ensure Title VI compliance in communications and public participation, the Town will: Page 9 of 43 • Include contact information for people needing accommodations in notifications of opportunities for public participation. • Include the following statement in public notices and on the website: “The Town of Vinton fully complies with Title VI of the Civil Rights Act of 1964 and related statutes and regulations in all programs and activities. The Town provides reasonable accommodations for persons who require special assistance to participate in public involvement opportunities. For more information, or to obtain a Discrimination Complaint Form, contact (540) 983-0604 or Town’s website: https://www.vintonva.gov/18/Human-Resources.” • Provide reasonable accommodations for persons who require special assistance to participate in public involvement opportunities. • Collect and monitor demographic data during public input opportunities, conducting additional target outreach if the data show a deficiency in public input from particular groups. • Recruit diverse applicants, including minorities, low-income persons, and disabled, to opportunities for public participation and to serve on committees. The Town 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. The Town has developed Guidelines to provide Environmental, Planning, Right-of-Way, Location and Design, Civil Rights 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. Goals and Objectives The goal of the Town’s PPP is to offer a variety of opportunities for the public to engage in planning and decision-making activities. To meet this goal, the objectives of the PPP are as follows: • To determine what non-English languages and/or other barriers may exist to public participation within the Town service area. • To provide a general notification of meetings for public input, in a manner that is understandable to all populations in the service area. • To hold meetings at times and in locations that are accessible and reasonably welcoming to all area residents, including, but not limited to minority, Limited English Proficiency (LEP), and low-income members of the public. • To utilize a variety of communication methods to capture public input from populations that are not likely to attend or engage in public meetings. Public Comment Process Offered by the Town Council The public has a right to express their opinion during the regular Council meetings held the first and third Tuesday of every month at 7:00 p.m. in the Council chambers at 311 S. Pollard Street, Vinton, VA. The public also has the right to express their opinion at the meetings of Page 10 of 43 the Town's committees and commissions. Information about Town Council as well as the Town's committees and commissions is available on the Town website at: https://www.vintonva.gov/243/Public-Hearings-Special-Meetings Forms will be available to attendees to register their presence and desire to speak. Public hearings will begin with a reading of the public notice, purpose and proposed action which necessitated the public hearing. After an explanation of the proposed action is completed, the public will be invited to offer their comment. If and when requested, translators should be present, as appropriate, to help communicate information and attain feedback. Limitations may be established on the length of oral presentations in order to afford all members of the public a reasonable opportunity to speak. After all registered persons have commented, a final opportunity will be offered for any additional public comment. This offering will precede the close of the public hearing. At the close of the public hearing, it will be announced where the item will next be heard, either before a committee or the Council. Where appropriate, the Town Manager, or designee, will provide a report summarizing and responding to key comments made by the public at a subsequent committee or Council meeting. All relevant comments received verbally or in writing at a public hearing, or as otherwise conveyed to the Town prior to the established deadline, will be entered into the public record of the comment process. Outreach Efforts The Town will use multiple techniques to actively solicit policy input in the planning process for a project. The Town will engage the community through the Town’s website, social media, and brochures placed at the library, community center, greenways, and recreation areas within the communities. Appropriate techniques among the following will be used to inform, educate, and gain input from the public about the Town’s projects, services, or activities: • Surveys or questionnaires - mail-in, online, telephone, personal interview • 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 Town’s website • Direct mailings to those expressing interest in or commenting about certain topics • General mailings with posters and flyers to area post offices and appropriate agencies, offices, and organizations for distribution to citizens Low-income, minority, and limited English proficient (LEP) individuals often face additional barriers to participating in public decision-making processes. To promote reasonable opportunities for participation by low-income, minority, and LEP individuals to provide input on plans and programs, the Town will identify low-income, minority, and LEP populations within Page 11 of 43 the service area and engage in targeted outreach to such populations where appropriate. The low- income threshold will be defined as households with a per capita income of 80 percent or less of the national average. G. Planning and Programming To ensure compliance in planning and programming processes, Town personnel will: • Prepare and update publicly available demographic profiles of the region and/or Roanoke County using the most current and appropriate statistical information. • Consider a high-level overview of benefits and burdens of transportation projects on minority and low-income populations, using maps and geographic demographic data to determine projects that could impact such populations. Lead agencies in individual projects are responsible for in-depth analyses of environmental justice as they move forward. • Conduct an environmental justice analysis during the development of the Town transportation’s related plans, analyzing the relative distribution of costs and benefits from transportation investment strategies and policies on minority or low-income populations. • Review directives to determine if there are Title VI implications and interpret how directives impact Title VI program areas. • Include environmental justice aspects of performance measures in transportation performance-based planning and programming, when relevant. H. Limited English Proficiency (LEP) Individuals who do not speak English as their primary language and who have a limited ability to read, speak, write, or understand English are Limited English Proficient (LEP). For a LEP person, language can present a barrier to accessing benefits and services, understanding and exercising important rights, complying with applicable responsibilities, or understanding other information provided by federally funded programs and activities. LEP persons may be entitled to language assistance at no cost to them with respect to a service, benefit, or encounter. The Town provides meaningful access to programs and activities by giving LEP persons adequate and understandable information to participate in programs and activities and by taking reasonable steps to remove barriers for LEP persons. Statement of Commitment Meaningful access to LEP persons means ensuring that LEP persons can communicate effectively and act appropriately based on that communication. The Town will take reasonable steps to ensure LEP persons have meaningful access to programs, activities, services, and information that are normally provided in English. Failure to ensure that LEP persons can effectively participate in federally assisted programs and activities may violate the prohibition against national origin discrimination under Title VI of the Civil Rights Act of 1964. Implementation Implementation guidelines describe as what should be done when an LEP person is encountered or an LEP request is made as well as what activities should be done routinely to keep information Page 12 of 43 and training up to date. When staff encounter LEP persons or request for language assistance, the guidelines described below will be used to determine what assistance can be provided. The language assistance services available to the Town are: • Translation services available through Roanoke Spanish ($0.15/word or $85/page) • The Town bilingual employees fluent in Spanish: As of 2020, Town’s employees, Fabricio Drumond is fluent in Spanish and Portuguese; Samuel Mitchell is fluent in Spanish; and Lydia Verdillo, is fluent in Tagalog. • Future contract with CyraCom: A Pay-As-You-Go account with CyraCom – On Demand Over-the-Phone Interpretation (www.cyracom.com). CyraCom maintains telephone assisted interpretation capability for over 100 languages ($2.98/minute) and written translation services for a fee. The need for LEP services depends on the type of contact: • In-person Contact: Use the Language Identification Flashcard, posted in the Town entrance, to attempt to identify the language spoken. Enlist the assistance of bilingual staff to obtain the LEP person’s name and contact information. • Telephone Contact: Enlist the assistance of bilingual staff as needed. • Written Contact or Documents: Engage translation service such as Roanoke Spanish. • Request for translation at a meeting: Use translation service. Cost alone will not determine whether a request is granted. Language assistance services deemed appropriate will be made available at the expense of the Town. • Requests for under $100: Will be granted. For Spanish, a phone call that might last up to 30 minutes or a document that is 1 typed page in English is likely to fit this criterion. • Requests for over $100: Title VI/ADA Coordinator and the Town Manager review based on the four-factor analysis and grant if deemed vital. Routine LEP Implementation Activities The Title VI/ADA Coordinator will: • Post written notices on the website and/or in a public area regarding the right to free language assistance for persons conducting business with the Town in the most likely to be encountered languages (as determined using the four-factor analysis). • Ensure that public notices and publications include statements that the Town provides reasonable accommodations for persons who require special assistance to participate in public involvement opportunities. • Maintain the language assistance resource list, updating with current resources. • Ensure staff understand: o The right to free language assistance for LEP persons. o How to use language assistance resources. o To include statements in public notices and publications that the Town provides reasonable accommodations. Page 13 of 43 Monitoring and Updating The Town will monitor its LEP policies and practices, review them regularly with the four-factor analysis, and update as needed. To monitor LEP policies and practices, the Title VI/ADA Coordinator will: • Review Town’s activities on a regular basis for providing meaningful access to LEP persons. • Document requests for translation services and encounters with LEP persons and provide reports when requested. Four-factor analysis The four-factor analysis is used to assess the need for language assistance services: a. Demography – number and proportion of LEP persons served and languages spoken in service area. b. Frequency – rate of contact with service or program. c. Importance – nature and importance of program/service to people’s lives. d. Resources – available resources, including language assistance services. The Title VI/ADA Coordinator will: • Regularly review demographic data based on the four-factor analysis. If a language other than English is the primary language of >5% of the population, the LEP guidelines may need to be modified to meet the new needs. • Collect and maintain demographic statistics on persons who participate in their programs and services. • Solicit feedback from locality social service departments and community-based organizations serving LEP persons to evaluate how well its practices meet their needs. Locality social service departments and community-based organizations serving LEP persons include: • Roanoke Refugee Partnership • Roanoke Spanish • Roanoke County Department of Social Services • Virginia Department of Social Services • Council of Community Services The feedback solicited from these departments and organizations may include: • Nature and importance of programs, services, and activities to LEP persons • The effectiveness of current language assistance measures in meeting the needs of LEP persons • The effectiveness of staff LEP trainings and agency-wide language assistance protocol • Changes in the frequency of contact with LEP language groups Page 14 of 43 • Changes in the availability of resources, including technological advances or financial resources I. Environmental Justice In accordance with Executive Order 12898 (Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations), the Town will identify and address the disproportionately high and adverse human health or environmental effects of its programs, policies, and activities on minority and low-income populations. The Town will consider demographic data into their project design and involve the public in the planning and development process to assess the environmental impacts of projects on the community. The public’s input and data analysis enable the Town to develop measures to mitigate any potential adverse effects on minority and low-income populations. The Town is not required to conduct environmental justice analyses of projects where NEPA documentation is not required. J. Contracts and Agreements The Town reviews its federally assisted contracts for inclusion of applicable forms and provisions. Consultant Contracts Administration The Town is responsible for the selection, negotiation, and administration of its consultant contracts. The Town complies with all relevant federal and state laws in contract selection. Town personnel evaluate and monitor consultant contracts for compliance with nondiscrimination authorities. Town 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. • 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. Disadvantaged Business Enterprise Disadvantaged Business Enterprises (DBE) are for-profit small business concerns where socially and economically disadvantaged individuals own at least a 51% interest and also control management and daily business operations. African Americans, Hispanics, Native Americans, Asian-Pacific and Subcontinent Asian Americans, and women are presumed to be socially and economically disadvantaged. Other individuals can also qualify as socially and economically disadvantaged on a case-by-case basis. The U.S. Department of Transportation’s DBE regulations require state and local transportation agencies that receive federal financial assistance to establish goals for the participation of DBEs. Page 15 of 43 The Town supports the objectives of the DBE Program: • To ensure nondiscrimination in the award and administration of Federal Highway Administration assisted contracts. • To create a level playing field on which DBEs can compete fairly for Federal Highway Administration-assisted contracts. • To ensure the DBE Program is narrowly tailored in accordance with applicable law. • To ensure that only firms that fully meet 49 CFR, Part 26 eligibility standards are permitted to participate as DBEs. • To help remove barriers to the participation of DBEs in Federal Highway Administration- assisted contracts. • To assist the development of firms that can compete successfully in the marketplace outside of the DBE Program. • To provide appropriate flexibility to recipients of federal financial assistance in establishing and providing opportunities for DBEs. Sub-recipients - Reviews and Monitoring Procedures The Town will conduct Title VI compliance reviews and monitoring of its sub-recipients of Federal-aid highway or other Federal funds, to ensure adherence to Title VI requirements. The Town‘s staff will periodically review operational guidelines provided to consultants, contractors, and sub-recipients, including Title VI language, provisions, and related requirements, as applicable. The Town 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. When irregularities occur in the administration of Federal-aid highway programs at sub-recipient levels, corrective action will be taken to resolve identified Title VI issues. The Town will seek the cooperation of the consultant, contractor or other sub-recipient in correcting deficiencies found during periodic reviews. The Town 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, The Town 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 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, The Town and VDOT may, with FHWA’s concurrence, initiate sanctions per 49 CFR 21. V. DISCRIMINATION COMPLAINT PROCEDURES Any person who believes she or he has been discriminated against on the basis of race, color, national origin, sex, disability or age by the Town of Vinton (hereinafter referred to as “the Town”) Page 16 of 43 may file a Title VI complaint by completing and submitting the agency’s Title VI Complaint Form. The Town will investigate the complaint according to the procedures detailed in Appendix G. 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. How are complaints routed? 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 Page 17 of 43 accept, dismiss, or transfer Title VI complaints filed against the Town (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 the Town, the Town 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 the Town 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 the Town. Complaints may also be sent to HCR directly at: U.S. Department of Transportation Office of Civil Rights 1200 New Jersey Avenue, SE 8th Floor E81-105 What are the potential outcomes for processing a complaint? There are four potential outcomes for processing complaints: • 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. • 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. • 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. • 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, Page 18 of 43 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 the Town 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 (RFI) and Position Statement 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? First, at any time during the investigation, either FHWA or the respondent may initiate informal negotiations to resolve the issues. The FHWA always strives to resolve Title VI complaints informally, if 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: a. 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. Page 19 of 43 b. 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. o 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. o 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. c. 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. d. 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. e. 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 USDOJ for enforcement. o 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. VI. REVIEW OF TOWN DIRECTIVES The Title VI Staff employs the following process to review the Town directives, policies and practices: • The Title VI/ADA Coordinator works collaboratively with a Title VI Specialists - a group consisting of department directors or their appointees, who help to make and implement policies. The committee works to ensure the Town directives are in keeping with Title VI of the Civil Rights Act of 1964 and other federal nondiscrimination mandates; • The Title VI/ADA Coordinator is included in the review process when Town directives are drafted and polices implemented. This process affords the Title VI/ADA Coordinator an opportunity to review for any possible Title VI issues. • The Title VI/ADA Coordinator reviews all environmental documents, public meeting and hearing transcripts to ensure staff is aware of any potential Title VI issues. • The Title VI/ADA Coordinator serves on decision‐making committees as a Civil Rights Advisor to ensure the Town directives are in accordance with the federal and state nondiscrimination laws, rules, and regulations; and, • The Title VI/ADA Coordinator works cooperatively with FHWA Division Civil Rights staff to implement federal nondiscrimination directives. Page 20 of 43 VII. 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 Coordinator assigned to the review. The Title VI Coordinator 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 Coordinator 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 Town’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 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; the Town 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 the Town attempts the resolve the issue using the program area’s normal administrative solutions. However, the Town 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 the Town to voluntarily resolve the compliance issue: 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. Page 21 of 43 I. TITLE VI ASSURANCES (STANDARD DOT TITLE VI ASSURANCES – US DOT 1050.2A) TITLE VI/NONDISCRIMINATION ASSURANCES DOT Order No. 1050.2A The Town of Vinton, (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: 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 Assurances 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 Page 22 of 43 "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 Town of Vinton 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." 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 the 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. Page 23 of 43 By signing this ASSURANCE, the Town of Vinton 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 USDOT 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 the USDOT. You must keep records, reports, and submit the material for review upon request to USDOT, 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 Town of Vinton 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. The person(s) signing below is authorized to sign this ASSURANCE on behalf of the Recipient. Town of Vinton By: Barry Thompson, Town Manager Dated: Page 24 of 43 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. Page 25 of 43 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 Town of Vinton 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 Town of Vinton 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 Town of Vinton 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 Town of Vinton, its successors and assigns. The Town of Vinton 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 Town of Vinton 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.) Page 26 of 43 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 Town of Vinton 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 Town of Vinton 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 Town of Vinton 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 Town of Vinton 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.) Page 27 of 43 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 Town of Vinton 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 Town of Vinton 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 Town of Vinton will there upon revert to and vest in and become the absolute property of the Town of Vinton 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.) Page 28 of 43 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. §§ 12131- 12189) 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 12898, 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). Page 29 of 43 APPENDIX F Town of Vinton Departments List Town Manager Barry Thompson 540-983-0607 Assistant Town Manager/Economic Development Richard “Pete” Peters 540-343-1508 Community Programs & Vinton War Memorial Chasity Barbour 540-983-0613 Town Council Bradley Grose, Mayor Keith Liles, Vice Mayor Sabrina McCarty Janet Scheid Page 30 of 43 APPENDIX G Discrimination Complaint Form and Complaint Log Page 31 of 43 TOWN OF VINTON DISCRIMINATION COMPLAINT FORM Instructions: Please fill out this form completely in blue or black ink or type. Sign and submit to the ADA & Title VI Coordinator, 311 S. Pollard Street, Vinton, VA 24179. For assistance please call 540-983- 0604. THIS FORM IS OPTIONAL AND IS PROVIDED FOR YOUR CONVENIENCE. Complainant Name: Address: E-mail: Home Telephone: Work: Cell: If an authorized representative is filing this complaint on behalf of another person, his/her personal information must also be included: Representative Name: Address: E-mail: Home Telephone: Work: Cell: Please tell us why you believe the discrimination occurred: Race, Color, National Origin, Other (Specify): Date of Incident: Time of Incident: Location or Address of Incident: Describe your complaint: What type of corrective action would you like to see be taken? If the incident involved a Town of Vinton employee, please list his/her name: Names and contact information of witnesses: If your complaint is being filed on behalf of another person or group of people, all complaints must be identified by name: Complainant Signature: Date: Authorized Representative Signature: Date: Page 32 of 43 TOWN OF VINTON TITLE VI DISCRIMINATION COMPLAINT LOG No. recipient Category Filed Final Page 33 of 43 APPENDIX H Demographic and LEP Encounter Log Form Page 34 of 43 TOWN OF VINTON DEMOGRAPHICS 2010 CENSUS POPULATION Total Population 8,098 One Race 7,934 98% White 7,285 90% Black or African American 452 5.6% American Indian and Alaska Native 9 0.1% Asian 78 1.0% Native Hawaiian and Other Pacific Islander 4 0.0% Some other race 118 1.5% Two or More Races 164 2.0% Hispanic or Latino (of any race) 230 2.8% 2017 American County Survey (ACS) DEMOGRAPHIC ESTIMATES One Race 7,886 97.7% White 7,007 86.8% Black or African American 475 5.9% American Indian and Alaska Native 0 0.0% Asian 351 4.3% Native Hawaiian and Other Pacific Islander 0 0.0% Some other race 53 0.7% Two or More Races 183 2.3% Hispanic or Latino (of any race) 221 2.7% 2017 American Community Survey (ACS) LANGUAGE SPOKEN AT HOME English Only 7,284 94.3% Language other than English 437 5.7% Speak English less than “very well” 99 1.3% Spanish 174 2.3% Speak English less than “very well” 8 4.6% Other Indo-European languages 122 1.6% Speak English less than “very well” 18 14.8% Asian and Pacific Islander languages 120 1.6% Speak English less than “very well” 520 43.3% Page 35 of 43 LIMITED ENGLISH PROFICIENCY (LEP) ENCOUNTER LOG FORM Date of Encounter: Encounter was: In-person By-phone Other: Reason person was in your department: Describe how (if) communication as accomplished: Department Head’s Signature: --------------------------------------------------------------------------------------------------------------------- LIMITED ENGLISH PROFICIENCY (LEP) ENCOUNTER LOG FORM Date of Encounter: Encounter was: In-person By-phone Other: Reason person was in your department: Describe how (if) communication as accomplished: Department Head’s Signature: Page 36 of 43 APPENDIX I I Speak Cards Page 37 of 43 Page 38 of 43 Page 39 of 43 Page 40 of 43 APPENDIX J Employee Acknowledgement Page 41 of 43 An Equal Opportunity Employer Town of Vinton values each individual’s civil rights and intends to provide equal opportunity and equitable service for the citizens of this Town. As a recipient of federal funds, Town of Vinton will conform to Title VI of the Civil Rights Act of 1964 as amended, and all related statutes, regulations, and directives, which provide that no person shall be excluded from participation in, denied benefits of, or subjected to discrimination on the grounds of race, color, age, sex, sexual orientation, gender identity, disability, national origin, religion, income status, or limited English proficiency. Town of Vinton further assures every effort will be made to ensure nondiscrimination in all of its programs and activities, regardless of whether those programs and activities are federally funded. All Town of Vinton employees are expected to consider, respect and observe nondiscrimination laws and Town of Vinton’s Nondiscrimination policies in their daily work responsibilities and interactions with other employees and the public. Town of Vinton employees should work to prevent and alleviate any barriers to service or public use that would restrict public access or usage and take prompt and reasonable action to avoid or minimize discrimination incidences. If another employee or citizen approaches with a question, concern or complaint regarding discrimination, please refer them to Town of Vinton’s ADA & Title VI Coordinator: Donna Collins ADA & Title VI Coordinator Human Resources/Risk Management Director 311 S. Pollard Street Vinton, VA 24179 Office: (540) 983-0604 Fax: (540) 283-6727 E-mail: dcollins@vintonva.gov Employee Name: ___________________________________ Date: ______________________ (Please Print) Employee Signature: ________________________________ Dept: _____________________ Employee signature confirms receipt and understanding of Town of Vinton’s Title VI policy. Page 42 of 43 APPENDIX K Public Involvement Survey Page 43 of 43 VOLUNTARY TITLE VI PUBLIC INVOLVEMENT SURVEY Town of Vinton, Virginia Completing this form is voluntary but encouraged. You are not required to provide the information requested in order to participate in this meeting. Title VI of the Civil Rights Act of 1964 states that “no person in the United States shall on the ground of race, color, or national origin be excluded from participation in, be denied benefits of, or otherwise be subjected to discrimination under any program, service, or activity receiving federal financial assistance.” As a recipient of federal funds, Town of Vinton must provide opportunity for the public to comment on programs, projects and activities that may affect them and the Town. By completing this form, you are helping Town of Vinton to collect statistical data to aid in assessing the Town’s outreach efforts to those who are affected and/or interested in Town programs, projects and activities. If you have any questions or concerns regarding this form, please contact Town of Vinton’s Title VI/ADA Coordinator, Donna Collins, 311 S. Pollard St., Vinton, VA 24179; Office (540) 983-0604; E-mail dcollins@vintonva.gov; Fax (540) 283-6727. Please fold and place the completed survey in the box provided or you may mail, E-mail, or fax to the Title VI Coordinator. Thank you for your participation! Meeting attended: □ Council Meeting ☐ Commission Meeting ☐ Other:______________________ Gender: ☐ Female ☐ Male Ethnicity: ☐ Hispanic or Latino ☐ Not Hispanic or Latino ☐ USA ☐ Other Race: ☐ American Indian or Alaska Native ☐ Asian ☐ Black or African-American □ Native Hawaiian or Other Pacific Islander ☐ White ☐ Multiracial ☐ 1-21 ☐ 22-40 ☐ 41-65 ☐ 65+ Disability: ☐ Yes ☐ No Household income: □ 0 - $12,000 ☐ $12,001 - $24,000 ☐ $24,001 - $36,000 □ $36,001 - $48,000 ☐ $48,001 - $60,000 ☐ $60,001 + Comments: Last Page Left Intentionally Blank 1 RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, JULY 21, 2020, AT 7:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA RESOLUTION TO AMEND THE TOWN OF VINTON TITLE VI IMPLEMENTATION PLAN WHEREAS, the Town of Vinton has actively pursued and received Virginia Department of Transportation (VDOT) funds that are provided through the Federal Highway Administration (FHWA) for its greenways and road improvement projects; and WHEREAS, the Town of Vinton, as a Local Public Agency (LPA) and a recipient of federal-aid funding, is required to fulfill 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; and WHEREAS, these provisions 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 a LPA receives federal assistance; and WHEREAS, as a recipient of federal-aid and other types of funding, the Town of Vinton strives to achieve nondiscrimination in all its programs and activities whether or not those programs and activities are federally funded; and WHEREAS, 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; and WHEREAS, Town of Vinton 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; and WHEREAS, every employee and representative of Town of Vinton 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 in the Town of Vinton Title VI Implementation Plan; and WHEREAS, on March 3, 2020, the Town Council adopted Resolution no. 2347, authorizing the Town Manager to prepare and submit the Town of Vinton Title VI Implementation Plan to VDOT; and 2 WHEREAS, upon submittal to VDOT on March 5, 2020, and upon review of VDOT Salem District and Richmond Central Office, on June 9, 2020, Town personnel was informed that minor revisions need to be made to the Town’s Title VI Implementation Plan; and WHEREAS, the revisions pertain to the list of protected status that have been listed on Page 7 of the document; the list should only include three protected status as listed under Title VI: race, color, or national origin; and the title of Appendix G Grievance Form and Complaint Log on Page 30 is to be revised to Discrimination Complaint Form and Complaint Log and Town of Vinton Grievance Form on Page 31 need to be revised to Town of Vinton Discrimination Complaint Form; list of discrimination protected status to be revised to only list race, color, national origin, other. NOW, THEREFORE, BE IT RESOLVED, that the Vinton Town Council has authorized the Town Manager or his authorized agent to amend the Title VI Implementation Plan identified herein for Town Council’s approval and adoption prior to the re-submittal to VDOT Civil Rights Division. BE IT FURTHER RESOLVED, that the Vinton Town Council does hereby approve and adopt the Amended Town of Vinton Title VI Implementation Plan. This Resolution adopted on motion made by Council Member _____________, seconded by Council Member ________________, with the following votes recorded: AYES: NAYS: APPROVED: ___________________________________ Bradley E. Grose, Mayor ATTEST: _____________________________________ Susan N. Johnson, CMC, Town Clerk Meeting Date July 21, 2020 Department Police Issue Introduction of new Police Officers Summary Officers William Holland and Jaymie Turner will be introduced to Council. Attachments None Recommendations No action required Town Council Agenda Summary Meeting Date July 21, 2020 Department Council Issue Recognition of Thomas L. Foster, Chief of Police Summary Council will recognize Chief Foster for his service to the Town. Attachments None Recommendations Read Proclamation and present to Chief Foster Town Council Agenda Summary Meeting Date July 21, 2020 Department Town Manager Issue Presentation of the Virginia Risk Sharing Association (VRSA) Margaret A. Nichols Risk Management Leadership Award Summary The Town Manager will make brief comments and recognize staff that was involved with the Project. Attachments None Recommendations Present Award Town Council Agenda Summary Meeting Date July 21, 2020 Department Administration Issue Briefing on the Limited Service Hotel Market Study for the property located at the corner of South Pollard Street, 1st Street and Cedar Avenue Summary The Town of Vinton contracted with Hotel Marketers Inc. in 2016 to conduct a Hotel Feasibility Study for the Town of Vinton. The purpose of this study was to determine the economic potential of the community to support a hotel development and to identify several potential development sites for the project. As a result of that study, Town Council directed staff to establish develop plans for the preferred site located at the corner of South Pollard Street, 1st Street and Cedar Avenue and site seek out potential hotel developers with interest to construct and operate a hotel. The Town completed acquisition of the six (6) continuous parcels in January 2020 and proceeded with demolition and clearing of the property in March of 2020. As the final step to secure a developer for the site, staff issued a Request for Proposals (RFP) in February to conduct a Limited Service Hotel Market Study and issued a contract with DPC Hospitality to proceed with the study, as a subcontractor to Draper Aden and paid for through the EPA Brownfield Assessment Grant. The purpose of this final study was to determine the detailed financial analysis associated with designing, building and operating a Limited Service Hotel at this site. Christian Abbate with DPC Hospitality will provide an overview of the Market Study, which includes impacts to the hospitality market as a result of the COVID-19 Pandemic. Attachments Limited Service Hotel Market Study Recommendations No action required Town Council Agenda Summary Market Study for the Proposed Limited Service Hotel – Vinton, Virginia Prepared for: Mr. Richard Peters July 8, 2020 DRAFT – Subject to further review and final revision. July 8, 2020 Mr. Richard Peters Economic Development Director 311 S. Pollard Street Vinton, VA 24179 Mr. Peters: We have completed our analysis of the hotel market in Vinton, Virginia, and the addition of an 80-unit nationally-branded limited-service hotel. The conclusions reached are based upon our present knowledge of the competitive market area resulting from our fieldwork completed on February 28, 2020. We note that due to the effects of Covid-19, we ordered updated Smith Travel Research information on May 21st to understand the impact and guide our future projections of the local hotel market. As in all studies of this type, the estimated results are based upon competent and efficient management and presume no significant change in the competitive position of the hotels from that as set forth in this report. The terms of our engagement are such that we have no obligation to revise this report to reflect events or conditions that occur subsequent to the date of the completion of our fieldwork. The estimates of property performance are based on an evaluation of the present general level of the area's economy and make no provision for the effect of any sharp rise or decline in local or general economic conditions. In summary, it is our opinion that there will likely be market justification for developing a nationally-branded limited-service hotel with approximately 80 units, as described in this report. Our conclusions for the proposed hotel are summarized as follows: Performance Summary 2023 2024 2025 Units 80 80 80 Stabilized Occupancy 64%70%73% Average Daily Rate $110.25 $117.00 $121.75 Rooms Revenue $2,061,000 $2,391,000 $2,596,000 Net Operating Income $516,000 $723,000 $826,000 10700 Richmond Ave. Suite 321 Houston, Texas 77042 713.900.2101 DPCHospitality.com Proposed Limited-Service Hotel Page 2 Vinton, Virginia July 8, 2020 DRAFT – Subject to further review and final revision. Economic Summary Virginia is the 12th most populous state in the United States, with a population of over 8.5 million as of July 2019. Virginia’s economy is powered by various sources of income, including local and federal government, military, farming, and high-tech. The state’s rich history and natural features have also made tourism a strong industry. Located in Southwest Virginia, Roanoke Metropolitan Statistical Area (MSA) has an estimated population of over 313,000 by July, 2019. The MSA’s principal city is Roanoke, which shares part of its eastern border with the subject market Vinton. The distance between Roanoke and Vinton is barely three miles. While Vinton is a town with approximately 8,100 people, Roanoke is the largest municipality in Southwest Virginia with over 99,000 people. Roanoke is also the commercial and cultural hub of much of Southwest Virginia and portions of Southern West Virginia. Therefore, it is necessary to discuss Roanoke and Vinton as a whole for the purpose of this market study. Transportation Roanoke is served by several major highways. Interstate 581 (I-581) is the primary north-south roadway through the city, and the only interstate highway within city limits. I-581 is a concurrency with U.S. Route 220 (US 220), which connects Roanoke to Martinsville, Virginia, and Greensboro, North Carolina. The primary east-west roadway is US 460, which connects Roanoke to Lynchburg, Virginia. Other major roads include US 11, US 221, State Route 117 (SR 117), and SR 101. The Blue Ridge Parkway also briefly runs adjacent to the city’s southern border, and passes Vinton as it winds northbound. Roanoke is also home to the Roanoke-Blacksburg Regional Airport, which is the primary passenger and cargo airport for Southwest Virginia. The airport is located about three miles northwest of the city center. The airport has two runways and handles over sixty daily flights from five airlines. Over 719,000 passengers used the airport in 2019, an 8.9% increase from 2018. Roanoke was known for its rail history and was once the headquarters of Norfolk and Western Railway. However, Roanoke had not had passenger rail service since October 1, 1979 until Amtrak resumed service to Roanoke on October 31, 2017. Meanwhile, Roanoke remains a major hub in Norfolk Southern’s freight rail system. Healthcare Healthcare industry is one of the strongest economy drivers for Roanoke. Carilion Clinic, formerly known as Carilion Health System, is a Roanoke, Virginia - based non- profit integrated heath care organization that provides care for nearly one million Virginians and West Virginians. Carilion owns and operates nine hospitals in the western part of Virginia as well as Jefferson College of Health Sciences as a joint venture medical school and research institute with Virginia Tech. According to Proposed Limited-Service Hotel Page 3 Vinton, Virginia July 8, 2020 DRAFT – Subject to further review and final revision. Carilion’s 2019 Annual Report, the organization has over 13,200 employs, including 732 physicians. The hospitals have a total of 1,026 licensed beds and 60 neonatal ICU beds. Medical facilities generate lodging demand in various ways. In-patient surgery frequently involves multi-day stays, depending on the length of time to recover. In some cases, family members will want to be nearby and will stay in a hotel. Out- patient surgery also generates a hotel stay if the procedure has an early check-in requirement and the patient comes from an outlying county. While most of this demand is price sensitive, not all of it is. Because of the price point of the subject hotel, medical professionals, more than patient families, will likely use it. Medical professionals include pharmaceutical and equipment sales representatives who call on area doctor’s offices. The hospitals are also constantly recruiting new physicians and nurses who will come in for interviews. Some physicians may only work one or two days a week in the area and therefore prefer to stay in a hotel rather than renting an apartment. Tourism Nestled in Roanoke Valley, Roanoke and Vinton enjoy easy access to the region’s well-loved outdoor destinations. Virginia’s Blue Ridge Mountains offer incredible views, hiking and biking trails, and opportunities for various activities such as rock climbing, disc golfing, kayaking and fishing. The famous Blue Ridge Parkway makes its way through the heart of Virginia’s Blue Ridge Mountains. At 469 miles, this scenic drive winds along the Blue Ridge Mountains and offers visitors the opportunity to enjoy some of the best mountain views in the world. The Parkway is operated by the National Park Service and is the most visited unit in the National Park System. It is only a 10-minute drive from Downtown Roanoke, and Vinton is even closer to one of the two access points in the area, as shown in the map. Proposed Limited-Service Hotel Page 4 Vinton, Virginia July 8, 2020 DRAFT – Subject to further review and final revision. Virginia’s Blue Ridge is home to an impressive collection of locally-produced craft wine, beer, and spirits. Roanoke is located in the North Fork of Roanoke winemaking region. The North Fork of Roanoke appellation is a designated American Viticultural Area, recognizing the unique grape growing conditions present in the area. The location is also great for producing craft beer with the rich water sources in streams and rivers that flow through the mountains. There is also a unique heritage in producing local spirits in the region, with Franklin County’s history of bootleg liquor production and reputation of being the Moonshine Capital of the World. In addition to the gift from nature, the region also has a rich history heritage. A locally unique museum would be the O. Winston Link Museum which exhibits photographic, audio, and video works of photographer Winston Link and his project to document the last days of stem along the Norfolk and Western Railway. The Roanoke Star constructed in 1949 is another iconic attraction in the region. The star that is illuminated every night sits atop Mill Mountain and overlooks the surrounding valley and Blue Ridge Mountains, serving as a beacon and welcoming sign to visitors. As the largest, free-standing, man-made, illuminated star in the world, the Roanoke Star is one of the most photographed attractions in the area. Locally, Vinton is a town with great walkability, amenities, and the small-town charm that many travelers are seeking nowadays. Fresh local produce, flowers, handmade crafts, homemade baked goods and more are available daily at the Vinton Farmers’ Market. For outdoor fun, Glade Creek Greenway, Gladetown Trail, Wolf Creek Greenway and Tinker Creek Canoe Launch are all minutes away. For culture and history, Veteran’s Monument, Vinton Museum, and Vinton War Memorial are the places to go. Below are pictures of the Vinton Farmers’ Market and the LOVE sculpture at the Vinton’s War Memorial. Proposed Limited-Service Hotel Page 5 Vinton, Virginia July 8, 2020 DRAFT – Subject to further review and final revision. Education Roanoke is home to the Virginia Tech Carilion School of Medicine and Research Institute. Formed as a public-private partnership with the Carilion Clinic, the medical school grants the Doctor of Medicine degree to its graduates. Initially a private institution from 2008 to 2018, the medical school became an official college of Virginia Tech in July, 2018. In 2019, The Fralin Biomedical Research Institute had 27 research teams, each led by a principal investigator who also holds a faculty appointment at Virginia Tech. A $68+ million expansion to the Research Institute broke ground in October 2018, adding approximately 139,000 square feet of space, which may host as many as 300 additional employees. Jefferson College of Health Sciences (JCHS) is a private and independent health sciences college in Roanoke. In July 2019, JCHS merged with Radford University and became Radford University Carilion. Virginia Western Community College (VWCC) is a two0year public institution of higher education operating under the Virginia Community College System. VWCC is located on a 70-acre campus in southwest Roanoke. Established in 1966, the college has grown from an initial enrollment of 1,352 to its current annual enrollment of over 9,000 students in credit courses and more than 1,400 enrollments in fast-track workforce and continuing education courses. Colleges generate lodging demand in various ways, which include parents visiting their children, sports events, career fairs, research conferences, and colleges bringing in faculty and staff candidates for interviews. In addition, in a relatively remote area like Roanoke and Vinton, a college’s student body is a good source for quality and affordable labor. Major Employers As with most communities, Roanoke experienced high unemployment during the recession with an average unemployment rate of 7.4% in 2009-2010. Roanoke’s unemployment rate tracked below the U.S. from 2009 to 2019, expect for Fiscal Year 2014-2015 (0.1 point higher). It reached a low of 2.8 percent in June 2019 as a result Proposed Limited-Service Hotel Page 6 Vinton, Virginia July 8, 2020 DRAFT – Subject to further review and final revision. of the strong economy. COVID-19 will most certainly impact unemployment rate in the near term. The following table lists the largest employers in the city of Roanoke. To get a broader outlook of the city’s economy, a table of the principal property taxpayers is shown below as well. Project Description Project Site The proposed site is located on a triangle-shaped parcel approximately two blocks from Downtown Vinton. The proposed site is adjacent to Virginia Avenue (SH-24), which provides direct connectivity to Downtown Roanoke and many of the numerous amenities of the area. The site is also bordered by Pollard Street, First Street and Cedar Avenue. Vinton is located approximately three miles east of Downtown Roanoke and is well situated for those wishing to experience the Blue Ridge Parkway. Major Employers - Roanoke, VA Employer Industry / Ownership Employees Carilion Healthcare 1,000+ Roanoke City Public Schools Local Government 1,000+ City of Roanoke Local Government 1,000+ Carilion Services Healthcare 500-999 United Parcel Services Package Delivery & Supply Chain Mgmt 500-999 Walmart Retail 500-999 United States Postal Service Federal Government 500-999 Virginia Western Community College State Government 500-999 Kroger Retail 500-999 Anthem Health Insurance 500-999 Source: Virginia Employment Commission 2018 Principal Property Taxpayers - Roanoke, VA Taxpayer Description Percentage of Total City Taxable Assessed Value Carilion Clinic Healthcare Provider 2.96% Appalachian Power Co.Public Utility 1.92% Norfolk Southern Railway Transportation 1.79% Valley View Mall LLC Shopping Mall 1.07% Roanoke Gas Company Public Utility 0.71% Roanoke Electric Steel Corp Primary Metals 0.63% HR Foundation, Inc.Hotel 0.42% Wholesome Harvest Bakery 0.40% Verizon Virginia, Inc.Communications 0.36% Faison Roaboke Office Limited Office Building 0.35% Source: City of Roanoke, Commissioner of the Revenue, 2019 Proposed Limited-Service Hotel Page 7 Vinton, Virginia July 8, 2020 DRAFT – Subject to further review and final revision. The Roanoke-Blacksburg Regional Airport is approximately seven miles from the proposed hotel site. To access the site from the airport, travelers would find their way to I-581 South and take SH-24 east for three miles, where the proposed site will be on the left. The satellite photos below show regional landmarks and the proposed site’s immediate area. Proposed Limited-Service Hotel Page 8 Vinton, Virginia July 8, 2020 DRAFT – Subject to further review and final revision. Proposed Hotel Plans call for the proposed hotel to be a nationally-branded chain hotel which would be categorized as Midscale according to Smith Travel Research (STR). Such hotels are typically high-quality limited-service hotels without on-site restaurants. We have based our analysis on 80 guestrooms, which we believe is the optimal mix of risk and return on capital which is physically feasible. Nationally-branded limited-service hotels are well represented in the Roanoke area. Most popular brands either already exist or are under development. However, some existing hotels suffer from accumulated deferred maintenance and may not qualify for a license renewal in the near future, therefore presenting opportunities for new development. For the purpose of our pro forma, we recommend any of the following national brands based on the strength of their reservation system and reputation among travelers: • Avid by IHG • Fairfield Inn by Marriott • Tru by Hilton Considering typical standards of the aforementioned hotel brands and the specific demands of the market, the following amenities are recommended: • Modern King Rooms (40%) and Double Queen Rooms (60%) • Spacious rooms with separate areas for living and sleeping • Working space with ergonomic chair and well-placed power outlets • Complimentary breakfast daily featuring hot items and healthy options • A business center with a network printer and mailing supplies • A fitness center with cardio and resistance equipment • A 24/7 lobby sundry shop offering snacks, beverages, etc. Summary of Hotel Market Supply The competitive set is described as eight nationally-branded non-full-service hotels, which are located in the Roanoke area. A detailed listing of the competitive set is provided in Exhibit A. A summary of the competitive set is shown in the following table. A north facing satellite map then shows a bird’s eye view of all the competitive hotels. Proposed Limited-Service Hotel Page 9 Vinton, Virginia July 8, 2020 DRAFT – Subject to further review and final revision. The first cluster of competitive hotels are conveniently located near the Roanoke- Blacksburg Regional Airport, and steps away from the Valley View Mall, which is a two-story indoor mall with over 100 stores and chain restaurants. The 126-unit Hyatt Place Roanoke Airport - Valley View Mall (1) was first built in 1997 and was rebranded as Hyatt Place in 2008. This nicely renovated hotel features an on-site restaurant and bar, operating 24 hours daily and providing free breakfast SUMMARY OF COMPETITIVE HOTELS Roanoke, Virginia Properties Rooms Year Opened Property Type Miles from Subject Competitive Set Hotels 1 Hyatt Place Roanoke Airport - Valley View Mall 126 1997 Select Service 6.6 2 Hampton Inn & Suites Roanoke Airport 130 2014 Limited Service 6.5 3 Home2 Suites by Hilton Roanoke 121 2017 Extended Stay 5.7 4 SpringHill Suites by Marriott Roanoke 127 2010 All Suite 3.5 5 Holiday Inn Express Roanoke Civic Center 92 1988 Limited Service 3.9 6 Holiday Inn Roanoke Valley View 153 1981 Select Service 7.0 7 Courtyard by Marriott Roanoke Airport 135 2002 Select Service 6.9 8 Residence Inn by Marriott Roanoke Airport 79 2007 Extended Stay 6.9 New Hotels A Subject - Limited Service Hotel 80 2023 Limited Service -- B Holiday Inn Express & Suites Roanoke Civic Center 90 2020 Limited Service 3.0 Total Hotel Rooms 1,133 Proposed Limited-Service Hotel Page 10 Vinton, Virginia July 8, 2020 DRAFT – Subject to further review and final revision. for Hyatt members. Each room features a Cozy Corner with sofa or sofa-sleeper as well as a separate workspace. Other amenities and services include a fitness center, an indoor pool, free airport shuttles, and a 1,104-sq. ft. meeting room. The 130-unit Hampton Inn & Suites Roanoke Airport (2) opened in 2014. It is only a few minutes’ walk from the Hyatt Place. While Hyatt Place is a select-service hotel, Hampton Inn & Suites is a limited-service hotel brand. It provides complimentary breakfast to all guests but does not have an on-site restaurant. The hotel features a fitness center, an indoor pool, laundry facility, free airport shuttle, and two meeting rooms totaling 1,196 square feet. On northeast side of the mall is the 121- unit Home2 Suites by Hilton Roanoke (3) built in 2017. Home2 Suites is one of Hilton’s newer brands. It features all- suite guestrooms with a full kitchen, seating area with sofa sleeper, and a separate working area. Interior of the hotel embraces vibrant colors and modern design. Amenities and services include a fitness center (connected with laundry room so guests can work out while waiting for laundry), an indoor pool, an outdoor gathering area with grill, complimentary breakfast and airport shuttle. Proposed Limited-Service Hotel Page 11 Vinton, Virginia July 8, 2020 DRAFT – Subject to further review and final revision. The 127-unit SpringHill Suites by Marriott Roanoke (4) was built in 2010 and rebranded as SpringHill in 2018 with new modern finishes. It is located near the Carilion Roanoke Memorial Hospital, Virginia Tech Carilion School of Medicine, and River’s Edge Sports Complex. The hotel offers a complimentary shuttle to popular local destinations including the airport. Free breakfast is available at the hotel and the lobby bar opens for dinner with a selection of beer, wine, cocktails and snacks. This all-suite hotel features mini- fridge and microwave in each guestroom. Other amenities include a fitness center, an indoor pool, and two small meeting rooms totaling 856 square feet. The Holiday Inn Express Roanoke Civic Center (5), as the name suggests, is located near Roanoke’s civic center, the Berglund Center. This hotel opened in 1988 with 92 rooms and was rebranded as a Holiday Inn Express in 1997. Although the hotel is a few minutes’ drive from businesses and attractions in downtown, it is slightly outside of walking distance to all the restaurants. This hotel offers free breakfast, a fitness center, and a seasonal outdoor pool. The next cluster of competitive hotels are also located near the airport and the Valley View Mall, but in the opposite quadrant than the first three competitors on the list. This cluster include two select-service hotels, namely the 153-unit Holiday Inn Roanoke Valley View (6) opened in 1981, and the 135-unit Courtyard by Marriott Roanoke Airport (7) opened in 2002; as well as an extended-stay hotel, the 79-unit Residence Inn by Marriott Roanoke Airport (8) opened in 2007. The Holiday Inn recently finished an $8 million renovation with beautiful, modern finishes. There is an on-site restaurant and cocktail lounge serving breakfast and dinner. For fitness, guests can choose from the hotel’s on-site well-equipped fitness center and the partner Gold’s Gym nearby. The hotel also features two heated swimming pools, one indoor and one outdoor. For corporate meetings and social gatherings, the hotel has over 11,000 square feet of meeting space including two large meeting rooms, which can handle up to 300 seated guests in each room. Proposed Limited-Service Hotel Page 12 Vinton, Virginia July 8, 2020 DRAFT – Subject to further review and final revision. The Courtyard offers similar services and amenities such as on-site restaurant serving two meals a day, fitness center, an indoor pool, but only two meeting rooms totaling 876 square feet of meeting space. Courtyard is a popular brand among business travelers and benefits from Marriott’s robust reservation system. Residence Inn is Marriott’s premium extended-stay brand. All guestrooms are suites with fully equipped kitchens and separate living area. The hotel offers complimentary breakfast every morning, and evening socials Monday through Wednesday. It also features an outdoor pool and whirlpool, a patio with grill, a sports court, a billiards room, as well as a fitness center. The hotel itself is somewhat outdated but as a brand it has a relatively high perceived value. New Supply In addition to the subject hotel, one other hotel is likely to open by 2021. A 90-unit Holiday Inn Express & Suites (B) located near the Civic Center is under construction and is estimated to open in August of 2020. Both hotels will be nationally-branded limited-service hotels. In the event additional hotels open, the projections that follow could be affected. Non-competitive Hotels We noted a number of economy hotels with weaker brands and accumulated differed maintenance that were performing well below the average of the competitive set. As such, we excluded them from the competitive analysis. We also excluded larger group-oriented hotels in Downtown Roanoke. Sources of Market Demand Through our research of the competitive set and our observations of hotel operations in the market, we were able to develop the following analysis that quantifies the primary sources of demand for the competitive set. Proposed Limited-Service Hotel Page 13 Vinton, Virginia July 8, 2020 DRAFT – Subject to further review and final revision. The competitive hotels classify much of their demand as Leisure. Leisure demand for the competitive hotels represents approximately 55% of their occupied room nights and primarily occurs on weekends and peak leisure travel periods. Leisure travel to the competitive set also includes those exploring the Smoky Mountains, attending sports tournaments, local events, as well as those remodeling their homes or needing temporary housing when a new house is not yet finished. As most hotels in this competitive set have limited meeting space, their Group and Convention demand mostly includes social gatherings. In totality, group and convention demand represents approximately 10% of the demand accommodated by the competitive hotels. Individual Business Travelers (IBT), represent approximately 35% of the market demand. IBT demand is generated when companies bring in temporary workers to complete construction projects, or when area companies bring employees or customers in for meetings. Other sources of IBT occur when area companies bring in candidates for job openings. New hires often require temporary housing that is paid for by the employer. Competitive Set Historical Performance DPC Hospitality assembled occupancy and ADR information for the competitive set for year-end 2015 through 2019. Additionally, we have shown year-to-date performance through April in 2019 and 2020 to understand the impact of Covid-19 in 2020 relative to the previous year. From 2015 to 2019, supply increased at 3.4% per year from 844 guestrooms in 2015 to 963 guestrooms in 2019, while demand increased at 5.6% per year for the same period. In 2017, supply outpaced demand as the Home2Suites opened in May 2017, which resulted in a 3.3-point decrease in occupancy in 2017. However, the market was able to absorb the new supply quickly and return to previous highs by 2018 before establishing record highs in 2019. The impact from Covid-19 has been acutely felt in 2020 as occupancy fell to 45% in March and 20% in April as various shutdowns went into effect. Fortunately, leisure demand is expected to be the first demand segment to recover (the primary driver of the competitive set). Demand Segments Room Nights % Mix I B T 96,600 35% Group 27,600 10% Leisure 151,800 55% Total Occupied Room Nights 276,000 100% Market Mix - Annual Room Nights of Demand Proposed Limited-Service Hotel Page 14 Vinton, Virginia July 8, 2020 DRAFT – Subject to further review and final revision. ADR remained relatively flat during the five-year period ranging from $104 to $106.50. This is not unusual in markets driven primarily by leisure demand as leisure travelers tend to be more rate-sensitive. Rates have also been affected by Covid-19 in 2020 as weakened demand has softened ADR. Future Estimated Market Supply and Demand Our analysis of future supply is based on the addition of a 90-unit Holiday Inn Express & Suites in August of 2020 and the Subject hotel with 80 guestrooms opening in 2023. After the new hotels open, there will be a total of 1,133 guestrooms available, which is a 3.3% per year increase when expressed as a compound average between 2019 and 2025. The effect of Covid-19 is projected to weaken the market to 48% occupancy in 2020 before seeing significant rebounding in demand from 2021 to 2025. The market is projected to stabilize in 2025 at 72% occupancy. Going forward, we estimated the future growth rates for demand with the following analysis. Increases to base demand are stated in compound average growth rates and reflect the external changes in the market if no other hotels were built. Conversely, increases to created demand are derived by whole numbers and account for the room 2015 2016 2017 2018 2019 CAC*YTD 19 YTD 20 Supply - Guestrooms 844 844 923 963 963 Supply - Annual Rooms Nights (x 365)308,060 308,060 336,895 351,495 351,495 3.4% Demand I B T 77,600 77,800 81,200 88,800 96,600 5.6% Group 22,200 22,200 23,200 25,400 27,600 5.6% Leisure 122,000 122,300 127,700 139,600 151,800 5.6% Total Occupied Room Nights 221,800 222,300 232,100 253,800 276,000 5.6% Occupancy 72.0%72.2%68.9%72.2%78.5%75.0%51.3% Average Daily Rate $106.50 $106.23 $104.58 $104.06 $106.29 0.0%$103.05 $96.93 Revenue per Available Room $76.68 $76.66 $72.05 $75.14 $83.46 2.1%$77.24 $49.71 Change in Supply -- 0.0%9.4%4.3%0.0% Change in Demand -- 0.2%4.4%9.3%8.7%14.5%-31.6% *Compounded annual change Primary Competitive Market HISTORICAL MARKET CONDITIONS - ANNUAL ROOM NIGHTS (Year to Date Thru April) FUTURE MARKET CONDITIONS - ANNUAL ROOM NIGHTS Primary Competitive Market 2019 2020 2021 2022 2023 2024 2025 CAC* Supply - Guestrooms 963 1,001 1,053 1,053 1,133 1,133 1,133 Supply - Annual Rooms Nights (x 365)351,495 365,265 384,345 384,345 413,545 413,545 413,545 3.3% Demand Individual Business Traveler - Base 96,600 57,900 75,300 80,600 85,400 89,700 92,400 -1.5% Individual Business Traveler - Created --1,200 3,200 3,200 7,300 7,300 7,300 -- 96,600 59,100 78,500 83,800 92,700 97,000 99,700 0.1% Group/Convention - Base 27,600 15,200 19,000 20,100 21,100 22,000 22,600 -4.4% Group/Convention - Created --300 900 900 2,100 2,100 2,100 -- 27,600 15,500 19,900 21,000 23,200 24,100 24,700 -2.7% Leisure - Base 151,800 98,600 128,200 138,500 148,200 155,600 160,300 0.5% Leisure - Created --1,900 5,000 5,000 11,500 11,500 11,500 -- 151,800 100,500 133,200 143,500 159,700 167,100 171,800 1.9% Total Occupied Room Nights 276,000 175,100 231,600 248,300 275,600 288,200 296,200 0.9% Occupancy 79%48%60%65%67%70%72%-- Change in Supply 0.0%3.9%5.2%0.0%7.6%0.0%0.0%-- Change in Demand 8.7%-36.6%32.3%7.2%11.0%4.6%2.8%-- *Compounded annual change Proposed Limited-Service Hotel Page 15 Vinton, Virginia July 8, 2020 DRAFT – Subject to further review and final revision. nights that are sold to guests who were previously displaced to non-competitive hotels during peak periods. With respect to created demand, we estimate the supply addition from the Holiday Inn Express & Suites in 2020 to be absorbed at 25% and 30% in 2021. The supply additions in 2023 will be absorbed at 40%, which is the result of guests who were previously being turned away from the competitive set during peak periods that will now be able to find a room. We added the created demand to IBT (35%), Group (10%), and Leisure (55%). Estimated Penetration of the Proposed Hotel The following table displays the room nights sold in the market, the fair share of room nights that could be occupied in the proposed hotel, and our adjustments to its fair share based on its competitive advantages. As a high-quality new-built nationally- branded hotel, the Subject will likely achieve its highest penetration in the IBT and Leisure segments, benefiting from a strong brand’s reservation system. The Group segment may perform below its fair share due to its lack of capacity to accommodate large meetings and events. The resulting occupancy for the proposed hotel is calculated as finishing its first year at 64% and stabilizing at 73% in 2025 at approximately 102% of its fair share. In estimating the Average Daily Rate (ADR), we gathered rack rates for each property of the competitive set, which is presented in Exhibit A. We also collected individual ADR’s and compared them to the market average of 2020. Based on our observations of the market, we estimated the average rate anticipated for each demand segment, as shown in the previous table. IBT guests, for example, will pay the highest rate because they tend to be the least rate sensitive due to expense account reimbursements for travel. Group travelers will pay the least because they book well in advance and often enjoy negotiated rate even though they create peak periods when they come. IBT travelers will lie in between. The following table calculates a Proposed Hotel - Vinton, VA - 80 Units Proposed Hotel - Vinton, VA - 80 Units Estimated Average Market Market Room Rate Year Segment Demand Percent Demand Percent Demand Market Subject Constant $ 2023 I B T 92,700 7.1%6,600 96%6,300 103.00 Group 23,200 7.1%1,600 90%1,400 95.00 Leisure 159,700 7.1%11,300 98%11,100 99.00 Total 275,600 19,500 96%18,800 67%64%100.04 2024 I B T 97,000 7.1%6,900 100%6,900 103.00 Group 24,100 7.1%1,700 94%1,600 95.00 Leisure 167,100 7.1%11,900 101%12,000 99.00 Total 288,200 20,500 100%20,500 70%70%100.03 2025 I B T 99,700 7.1%7,100 103%7,300 103.00 Group 24,700 7.1%1,800 96%1,700 95.00 Leisure 171,800 7.1%12,200 103%12,600 99.00 Total 296,200 21,100 102%21,600 72%73%100.04 1 Fair Market Share = 80 Units (Subject) divided by 1,133 Rooms (in the Market in 2023) = 7.1% 2 Subject penetration into Market above 100% indicates Subject has competitive advantages. Fair Market Share 1 Estimated Market Penetration 2 Occupancy Proposed Limited-Service Hotel Page 16 Vinton, Virginia July 8, 2020 DRAFT – Subject to further review and final revision. weighted average based on our analysis stated in 2020 dollars. The following table uses inflation rates of 4.0% in 2023, 6.0% in 2024, 4.0% in 2025 and 3.0% per year thereafter to determine ADR in future dollars and the resulting rooms revenue. Financial Pro Forma Exhibit B, located in the Addendum, summarizes our departmental operating expenses for the proposed hotel. In preparing this analysis, we consulted expense ratios for limited-service hotels, with an average size of 77 guestrooms, as found in the USA Edition of Trends in the Hotel Industry by CBRE Hotels. The data presented by CBRE Hotels is expressed in ratios to total revenue as well as dollars per available room. Exhibit B is expressed in 2019 dollars based on the stabilized occupancy that is estimated for 2025. Exhibits C-1 and C-2 restate these stabilized estimates into stated year (inflated) dollars starting 2023 to 2032, making assumptions for operational inefficiencies that result from the early years that the hotel operates below the stabilized occupancy. The following table is stated using inflated dollars and summarizes all the analysis contained herein. Average Daily Rate and Rooms Revenues Fiscal Occupancy Average Daily Rate Year 2020 Dollars Inflated Dollars 2023 64%$100.00 $110.25 $2,060,573 2024 70%$100.00 $117.00 $2,391,480 2025 73%$100.00 $121.75 $2,595,710 Rooms Revenue Summary Income Statement * 2023 2024 2025 2026 Occupancy 64%70%73%73% Average Daily Rate *$110.25 $117.00 $121.75 $125.50 Rooms Revenue 2,061,000 2,391,000 2,596,000 2,676,000 Other Income 38,000 43,000 47,000 48,000 Total Revenues 2,099,000 2,434,000 2,643,000 2,724,000 Departmental Expenses 604,000 650,000 684,000 705,000 Undistributed Expenses 766,000 796,000 824,000 848,000 Other Fixed Expenses 171,000 192,000 203,000 207,000 Reserve for Replacement 42,000 73,000 106,000 109,000 Net Operating Income 516,000 723,000 826,000 855,000 * Inflated Dollars. Proposed Limited-Service Hotel Page 17 Vinton, Virginia July 8, 2020 DRAFT – Subject to further review and final revision. Return on Investment Exhibit D - Return on Investment - This analysis looks at the whole life of the investment, from construction to operation and a future sale. In Exhibit D, we estimate the cost of developing and financing the project. By comparing the estimated project costs to the potential operating results, we can calculate the potential return on the equity investment. Based on an estimated all-in cost of $95,000 per key (inclusive of land costs and developer fee), the total estimated cost is $7,600,000 to develop this project. We based the amount of the construction loan on 65% of costs, or $4,900,000 (rounded) and the loan terms based on a 25-year amortization schedule at 5.00% per annum. These assumptions calculate potential cash on cash returns between 10% and 19%. Because an Internal Rate of Return (IRR) is an expression of equity return over the life of the investment, our analysis shows an assumed sale of the hotel in the fifth year based on a reversion analysis. The sales value is based on a theoretical terminal cap rate of 9.0%. From the projected sales price, we deduct a real estate commission, title insurance, and the outstanding debt at the time of sale. The resulting proceeds of the sale are added to the distributable cash flow for that year for potential distribution. The IRR is then calculated over the life of the investment showing cash being invested in 2021 prior to the start of construction, dividends being paid starting in 2023 once the hotel is open, and the hotel hypothetically being sold in 2027 to calculate a final dividend being paid. This analysis is based on inflated dollars and the occupancy estimates derived in our report. Using these assumptions, the IRR is calculated to be 20.2%. Limiting Conditions The conclusions in this report are based upon review of published information and information provided by the general managers and/or owners at the competing hotels and an analysis of historical market area data. The report is based on estimates, assumptions, and other information developed from our analysis of the local hotel market area and characteristics of the proposed property. Since the projections in this letter are based upon estimates and assumptions, which inherently are subject to uncertainty and variation depending upon evolving events, we do not represent them as results that will actually be achieved. WE MADE NO ATTEMPT TO CERTIFY THE ESTIMATES OF PROJECT COSTS AND HAVE NO OPINION ON THEIR VALIDITY. IN ORDER TO RELY ON THE RESULTING ESTIMATES OF CASH ON CASH RETURN AND INTERNAL RATE OF RETURN, POTENTIAL INVESTORS MUST CONDUCT THEIR OWN INVESTIGATION AS TO THE RELIABILITY AND COMPLETENESS OF THE COSTS OF DEVELOPING THIS HOTEL. Proposed Limited-Service Hotel Page 18 Vinton, Virginia July 8, 2020 DRAFT – Subject to further review and final revision. FURTHERMORE, THE TERMINAL CAP RATE WAS NOT DERIVED BY AN APPRAISAL OF RECENT MARKET SALES. A MARKET DERIVATION OF CAP RATES BY A CERTIFIED APPRAISER IS NEEDED IN ORDER TO ACCURATELY EXPRESS POTENTIAL RETURNS. This report has been prepared primarily for your use and guidance in determining the risk in developing the proposed property. As is customary in assignments of this nature, neither our name nor the material submitted may be included in any prospectus, in newspaper publicity, or as part of any printed material; or used in public offerings or representations in connection with the sale of securities to the general public. You may, however, include this document in a private placement memorandum that is directed to qualified investors. DPC Hospitality – Qualifications DPC Hospitality is a hotel, tourism, and real estate-oriented consulting and advisory firm. We have developed a wide range of expertise that includes limited-service hotels, extended-stay hotels, convention and full-service hotels, and resorts. The principals of DPC Hospitality have completed over 500 combined hotel consulting and valuation assignments located across the United States. The President of DPC Hospitality, David Parker, has over 30 years of experience in the hotel industry, including more than 25 years in hotel consulting and development. Prior to forming DP Consulting in 2001, Mr. Parker was employed by PKF Consulting for nearly a decade, where he developed numerous methodologies for collecting market information on hotels and meeting facilities and developed multiple modeling techniques for projecting utilization, income, and expense. The company name was changed in 2018 to DPC Hospitality when Christian Abbate was added as a partner. Senior Vice President Christian Abbate has nearly 15 years of experience in the hospitality industry, including more than 10 years in hospitality advisory and consulting. Prior to joining DPC Hospitality, Mr. Abbate served nearly 11 years in various roles including Director at CBRE Hotels and Vice President at PKF Consulting. Mr. Abbate’s previous experience also includes management positions with Accor Hotels, Hilton Hotels, and Whataburger. DPC Hospitality (rebranded from DP Consulting) has completed a variety of projects, a summary of which are listed in Exhibit E in the Addendum. Proposed Limited-Service Hotel Page 19 Vinton, Virginia July 8, 2020 DRAFT – Subject to further review and final revision. We would be pleased to hear from you if we may be of further assistance in the interpretation and application of our findings and conclusions. We express our appreciation to you and your associates for the cooperation extended to us during the course of this assignment. Sincerely, David Parker Proposed Limited-Service Hotel Page 20 Vinton, Virginia July 8, 2020 DRAFT – Subject to further review and final revision. Addendum Competitive Set Table – Exhibit A Financial Pro Forma – Stabilized Year– Exhibit B Financial Pro Forma – 2023 to 2032 – Exhibits C-1 and C-2 Return on Investment – Exhibit D Projects Completed by DPC Hospitality – Exhibit E SUMMARY OF COMPETITIVE HOTELS Roanoke, Virginia Exhibit A-1 2019 Estimated ADR Competitive Set Hotels 1 Hyatt Place Roanoke Airport - Valley View Mall 5040 Valley View Blvd. 2 Hampton Inn & Suites Roanoke Airport 5033 Valley View Blvd. North 3 Home2 Suites by Hilton Roanoke 4830 Valley View Blvd. NW 4 SpringHill Suites by Marriott Roanoke 301 Reserve Ave. 5 Holiday Inn Express Roanoke Civic Center 815 Gainsboro Rd, NW 6 Holiday Inn Roanoke Valley View 3315 Ordway Dr. 7 Courtyard by Marriott Roanoke Airport 3301 Ordway Dr. NW 8 Residence Inn by Marriott Roanoke Airport 3305 Ordway Dr. NW Total Hotel Rooms - 2019 963 2019 Market ADR: $106.29 / Market Occupancy: 78.5% New Hotels A Subject - Limited Service Hotel Vinton, VA B Holiday Inn Express & Suites Roanoke Civic Center 1303 Williamson Rd SE Total Hotel Rooms 1,133 1 Ranged of Published Rates. n/s - Not Shown on Map. Compiled by: DPC Hospitality 90 2020 3.0 -- n/a 2 Amenity Codes: FB - Food and Beverage Outlets, FHB - Full Hot Breakfast, CB - Continental Breakfast, FK - Full Kitchen, WB - Wet Bar, SP - Swimming Pool, FC - Fitness Center, LF - Laundry Facility, MMS - Major Meeting Space, MR - Meeting Room. 80 2023 n/a Limited Service HB, SP, FC, LFLimited Service Properties Miles from Subject 126 1997 $105 Year Opened 6.5 $90153 1 FB, HB, SP, FC, LF, MR FK, HB, SP, FC, LF 1 FB, HB, SP, FC, LF, MR 2017 2010 1988 1981 All Suite Limited Service Extended Stay $110 $95 HB, SP, FC, LF, MR1302014$105 Limited Service $105 5.7 FK, HB, SP, FC, LFExtended Stay Amenities 2Rooms 6.6Select Service 1 FB, HB, SP, FC, MR Property Type HB, SP, FC, LF, MR HB, SP, FC, LF 3.5 121 127 92 3.9 6.9 7.0Select Service Select Service1352002$115 79 6.9$1202007 Proposed Limited Service Hotel - Vinton, VA - 80 ROOMS Exhibit B 7/13/20 Representative Year of Operation 11:11 AM CBRE Hotels Trends Stabilized Operating Year (2023) 2019 Stated in 2020 Dollars Number of Units:77 80 Number of Annual Rooms Available:28,105 29,200 Number of Rooms Occupied:20,292 21,316 Annual Occupancy:72.2%73.0% Average Daily Rate:112.69 $105.00 Revenue Per Available Room:$81.36 $76.65 Ratio Per Room P.O.R.Amount Ratio Per Room P.O.R. Revenues Rooms 98.2%29,697 $112.69 $2,238,000 98.2%$27,975 $104.99 Other Operated Departments 1.0%313 1.19 25,000 1.1%313 1.17 Miscellaneous Income 0.8%228 0.87 16,000 0.7%200 0.75 Total Operating Revenues 100.0%30,238 114.74 2,279,000 100.0%28,488 106.91 Departmental Expenses Rooms 27.1%8,054 30.56 576,000 25.7%7,200 27.02 Other Operated Departments 63.6%199 0.76 15,000 60.0%188 0.70 Total Departmental Expenses 27.3%8,253 31.32 591,000 25.9%7,388 27.73 Departmental Profit 72.7%21,985 83.43 1,688,000 74.1%21,100 79.19 Undistributed Expenses Administrative & General 10.0%3,013 11.43 228,000 10.0%2,850 10.70 Sales and Marketing 11.5%3,474 13.18 256,000 11.2%3,200 12.01 Property Operation and Maintenance 4.6%1,387 5.26 104,000 4.6%1,300 4.88 Utilities 3.9%1,165 4.42 86,000 3.8%1,075 4.03 Information and Telecommunication Systems 1.8%549 2.08 36,000 1.6%450 1.69 Total Undistributed Operating Expenses 31.7%9,588 36.38 710,000 31.2%8,875 33.31 Gross Operating Profit 41.0%12,397 47.04 978,000 42.9%12,225 45.88 Non-Operating Income and Expenses Base Management Fee 3.5%1,049 3.98 80,000 3.5%1,000 3.75 Property Taxes 3.5%1,050 3.98 72,000 3.2%900 3.38 Insurance 1.0%308 1.17 24,000 1.1%300 1.13 Total Fixed Expenses 8.0%2,407 9.13 176,000 7.7%2,200 8.26 Net Operating Income 33.0%9,990 37.91 802,000 35.2%10,025 37.62 FF&E Reserve 4.0%1,210 4.59 91,000 4.0%1,138 4.27 Net Operating Income After Reserve 29.0%8,780 33.32 $711,000 31.2%$8,888 $33.36 Source: CBRE Hotels Estimated by DPC Hospitality Confidential - For Discussion Purposes Only Proposed Limited Service Hotel - Vinton, VA - 80 ROOMS Exhibit C-1 7/13/20 Projected Operating Results 11:11 AM Calendar Years 2023 2024 2025 2026 2027 Number of Units:80 80 80 80 80 Number of Annual Rooms Available:29,200 29,200 29,200 29,200 29,200 Number of Rooms Occupied:18,690 20,440 21,320 21,320 21,320 Annual Occupancy:64.0%70.0%73.0%73.0%73.0% Average Daily Rate:$110.25 $117.00 $121.75 $125.50 $129.25 Revenue Per Available Room:$70.56 $81.90 $88.88 $91.62 $94.35 Amount Ratio Amount Ratio Amount Ratio Amount Ratio Amount Ratio Revenues Rooms $2,061,000 98.2%$2,391,000 98.2%$2,596,000 98.2%$2,676,000 98.2%$2,756,000 98.2% Other Operated Departments 23,000 1.1%26,000 1.1%28,000 1.1%29,000 1.1%30,000 1.1% Miscellaneous Income 15,000 0.7%17,000 0.7%19,000 0.7%19,000 0.7%20,000 0.7% Total Operating Revenues 2,099,000 100.0%2,434,000 100.0%2,643,000 100.0%2,724,000 100.0%2,806,000 100.0% Departmental Expenses Rooms 590,000 28.6%634,000 26.5%667,000 25.7%687,000 25.7%708,000 25.7% Other Operated Departments 14,000 60.9%16,000 61.5%17,000 60.7%18,000 62.1%18,000 60.0% Total Departmental Expenses 604,000 28.8%650,000 26.7%684,000 25.9%705,000 25.9%726,000 25.9% Departmental Profit 1,495,000 71.2%1,784,000 73.3%1,959,000 74.1%2,019,000 74.1%2,080,000 74.1% Undistributed Expenses Administrative & General 239,000 11.4%253,000 10.4%264,000 10.0%272,000 10.0%281,000 10.0% Sales and Marketing 280,000 13.3%288,000 11.8%297,000 11.2%306,000 11.2%315,000 11.2% Property Operation and Maintenance 114,000 5.4%117,000 4.8%121,000 4.6%124,000 4.6%128,000 4.6% Utilities 94,000 4.5%97,000 4.0%100,000 3.8%103,000 3.8%106,000 3.8% Information and Telecommunication Systems 39,000 1.9%41,000 1.7%42,000 1.6%43,000 1.6%44,000 1.6% Total Undistributed Operating Expenses 766,000 36.5%796,000 32.7%824,000 31.2%848,000 31.1%874,000 31.1% Gross Operating Profit 729,000 34.7%988,000 40.6%1,135,000 42.9%1,171,000 43.0%1,206,000 43.0% Non-Operating Income and Expenses Base Management Fee 73,000 3.5%85,000 3.5%93,000 3.5%95,000 3.5%98,000 3.5% Property Taxes 72,000 3.4%80,000 3.3%82,000 3.1%83,000 3.0%85,000 3.0% Insurance 26,000 1.2%27,000 1.1%28,000 1.1%29,000 1.1%30,000 1.1% Total Fixed Expenses 171,000 8.1%192,000 7.9%203,000 7.7%207,000 7.6%213,000 7.6% Net Operating Income 558,000 26.6%796,000 32.7%932,000 35.3%964,000 35.4%993,000 35.4% FF&E Reserve 42,000 2.0%73,000 3.0%106,000 4.0%109,000 4.0%112,000 4.0% Net Operating Income After Reserve $516,000 24.6%$723,000 29.7%$826,000 31.3%$855,000 31.4%$881,000 31.4% Confidential - For Discussion Purposes Only Full Year of Operation Proposed Limited Service Hotel - Vinton, VA - 80 ROOMS Exhibit C-2 7/13/20 Projected Operating Results 11:11 AM Calendar Years 2028 2029 2030 2031 2032 Number of Units:80 80 80 80 80 Number of Annual Rooms Available:29,200 29,200 29,200 29,200 29,200 Number of Rooms Occupied:21,320 21,320 21,320 21,320 21,320 Annual Occupancy:73.0%73.0%73.0%73.0%73.0% Average Daily Rate:$133.00 $137.00 $141.25 $145.50 $149.75 Revenue Per Available Room:$97.09 $100.01 $103.11 $106.22 $109.32 Amount Ratio Amount Ratio Amount Ratio Amount Ratio Amount Ratio Revenues Rooms $2,836,000 98.2%$2,921,000 98.2%$3,011,000 98.2%$3,102,000 98.2%$3,193,000 98.2% Other Operated Departments 31,000 1.1%32,000 1.1%33,000 1.1%34,000 1.1%35,000 1.1% Miscellaneous Income 20,000 0.7%21,000 0.7%21,000 0.7%22,000 0.7%23,000 0.7% Total Operating Revenues 2,887,000 100.0%2,974,000 100.0%3,065,000 100.0%3,158,000 100.0%3,251,000 100.0% Departmental Expenses Rooms 729,000 25.7%751,000 25.7%774,000 25.7%797,000 25.7%821,000 25.7% Other Operated Departments 19,000 61.3%19,000 59.4%20,000 60.6%20,000 58.8%21,000 60.0% Total Departmental Expenses 748,000 25.9%770,000 25.9%794,000 25.9%817,000 25.9%842,000 25.9% Departmental Profit 2,139,000 74.1%2,204,000 74.1%2,271,000 74.1%2,341,000 74.1%2,409,000 74.1% Undistributed Expenses Administrative & General 289,000 10.0%298,000 10.0%306,000 10.0%316,000 10.0%325,000 10.0% Sales and Marketing 324,000 11.2%334,000 11.2%344,000 11.2%354,000 11.2%365,000 11.2% Property Operation and Maintenance 132,000 4.6%136,000 4.6%140,000 4.6%144,000 4.6%148,000 4.6% Utilities 109,000 3.8%112,000 3.8%116,000 3.8%119,000 3.8%123,000 3.8% Information and Telecommunication Systems 46,000 1.6%47,000 1.6%48,000 1.6%50,000 1.6%51,000 1.6% Total Undistributed Operating Expenses 900,000 31.2%927,000 31.2%954,000 31.1%983,000 31.1%1,012,000 31.1% Gross Operating Profit 1,239,000 42.9%1,277,000 42.9%1,317,000 43.0%1,358,000 43.0%1,397,000 43.0% Non-Operating Income and Expenses Base Management Fee 101,000 3.5%104,000 3.5%107,000 3.5%111,000 3.5%114,000 3.5% Property Taxes 87,000 3.0%89,000 3.0%90,000 2.9%92,000 2.9%94,000 2.9% Insurance 30,000 1.0%31,000 1.0%32,000 1.0%33,000 1.0%34,000 1.0% Total Fixed Expenses 218,000 7.6%224,000 7.5%229,000 7.5%236,000 7.5%242,000 7.4% Net Operating Income 1,021,000 35.4%1,053,000 35.4%1,088,000 35.5%1,122,000 35.5%1,155,000 35.5% FF&E Reserve 115,000 4.0%119,000 4.0%123,000 4.0%126,000 4.0%130,000 4.0% Net Operating Income After Reserve $906,000 31.4%$934,000 31.4%$965,000 31.5%$996,000 31.5%$1,025,000 31.5% Confidential - For Discussion Purposes Only Proposed Limited Service Hotel - Vinton, VA - 80 ROOMS Exhibit D Project Description Cost Assumptions Debt Assumptions Keys: 80 Land Term 25 Acres - Interest 5.00% Number of Stories 3 to 4 $ per SF #DIV/0! Loan to Costs (Estimate)65% Land Value - Net On Site Meeting Space None Per Room - Loan Amount 4,900,000 Land Costs % of Total 0% Monthly Loan Payment 28,645 Employees (Approx.)15 to 20 Annual Debt Service 343,739 Hard / Soft Cost 7,600,000 $ Per Room 95,000 Equity Requirement 2,700,000 Total Project 7,600,000 Per Room 95,000 Net Operating Income Today's Dollars Year 1 Year 2 Year 3 Year 4 Year 5 Full Year of Operation 2020 2023 2024 2025 2026 2027 Occ%73%64%70%73%73%73% ADR $105.00 $110.25 $117.00 $121.75 $125.50 $129.25 Room Revenue 2,238,000 2,061,000 2,391,000 2,596,000 2,676,000 2,756,000 Other Income 41,000 38,000 43,000 47,000 48,000 50,000 Total 2,279,000 2,099,000 2,434,000 2,643,000 2,724,000 2,806,000 Total Expenses 1,568,000 1,583,000 1,711,000 1,817,000 1,869,000 1,925,000 Net Operating Income 711,000 516,000 723,000 826,000 855,000 881,000 Debt Service (Year 1 Interest Only)245,000 343,739 343,739 343,739 343,739 Potential Distributable Dividends 271,000 379,261 482,261 511,261 537,261 Debt Coverage Ratio 2.11 2.10 2.40 2.49 2.56 Internal Rate of Return Construction 2021 2022 2023 2024 2025 2026 2027 IRR Total Return Initial Equity Investment (2,700,000) Potential Distributable Dividends - 271,000 379,261 482,261 511,261 537,261 Reversion 5,080,386 Total Equity Return (2,700,000) - 271,000 379,261 482,261 511,261 5,617,647 20.2%7,261,430 Cash on Cash Return - by Year 10%14%18%19%208% Reversion Analysis Year 5 NOI 881,000 Terminal Cap Rate 9.0% Reversion Value (Sales Price)9,788,889 Sales Price per Key 122,361 RE Commission 2.5% Less Sales Cost (244,722) Net Sale 9,544,167 Less Outstanding Debt (4,463,781) Net Proceeds to Equity 5,080,386 NOTE: DPC Hospitality made no attempt to verify the estimates of project costs provided by the developer and have no opinion on their validity. In order to rely on the resulting estimates of cash on cash return and internal rate of return, potential investors must conduct their own investigation as to the reliability and completeness of the costs of developing this hotel. Furthermore, the terminal cap rate was not derived by an appraisal of recent market sales. A market derivation of cap rates by a certified appraiser is needed in order to accurately express potential returns. Potential Brands: Fairfield by Marriott, Tru by Hilton, Avid (IHG) 10700 Richmond Ave. Suite 321 Houston, Texas 77042 713.900.2101 DPCHospitality.com Exhibit E Projects Completed by David Parker Market Studies of Limited-Service Hotels: Dallas Area: Market Study of Proposed Best Western Premier – Denton, Texas (Open 2009) Market Study of Proposed Fairfield Inn – Decatur, Texas Market Study and Valuation of Proposed Comfort Suites – Grapevine, Texas (Open 2005) Market Study of a Hampton Inn and Suites – Alliance Airport, Fort Worth Texas (Open 1999) Due Diligence Analysis of five hotels (Holiday Inn Expresses and Quality Suites) – Dallas, Texas Market Study of Proposed Hampton Inn and Suites – Hurst, Texas (Open 2004) Due Diligence Analysis Wyndham Garden Hotel Los Colinas – Irving, Texas Due Diligence Analysis Wyndham Garden Hotel Market Center – Dallas, Texas Houston Area: Market Study of Proposed Hampton Inn & Suites – Bush Intercontinental Airport – Houston, Texas (Open 2015) Market Study of Proposed Comfort Suites (Westchase) – Houston, Texas (Open 2013) Market Study of Proposed Hampton Inn & Suites – Missouri City, Texas (Open 2013) Market Study of Proposed Courtyard & TownePlace Suites – Galveston, Texas (Open 2013) Market Study of Proposed SpringHill Suites – Houston, Texas Market Study of Proposed Sleep Inn – Clute/Lack Jackson, Texas Market Study of Proposed Microtel Inn & Suites – Port Arthur, Texas Market Study of Proposed SpringHill Suites – Seabrook, Texas Market Study of Proposed La Quinta – West Chase - Houston, TX (Open 2007) Market Study of Proposed Best Western Mini Suites – Texas City, Texas (Open 2005) Market Study of Proposed Bed & Breakfast – Kemah, Texas (Open 2004) Market Study of a Proposed TownePlace Suite – College Station, Texas (Open 1999) Market Study of a Proposed TownePlace Suite – Clear Lake, Texas (Open 1999) Market Evaluations of four Baymont Inns – Houston, Texas Market Study of Proposed Hampton Inn & Suites – League City, Texas (Open 2010) Central Texas: Market Study of Proposed Homewood Suites – (Parmer Lane) Austin, Texas (Open 2015) Market Study of Proposed Home2 Suites – Round Rock, Texas (Open 2015) Market Study of Proposed Bed and Breakfast Cabins – Fredericksburg, Texas (Open 2013) Market Study of Proposed Hampton Inn & Suites – Downtown Austin, Texas (Open 2012) Market Study of Proposed Homewood Suites – Round Rock, Texas (Open 2010) Market Study of Proposed Sleep Inn & Suites – Manor, Texas (Open 2012) Market Study of Proposed Limited-Service Hotel – Marble Falls, Texas Market Study of Proposed Microtel Inn & Suites – Austin, Texas (Airport) (Open 2010) Market Study of Proposed Staybridge Suites – San Antonio, Texas (Open 2008) Market Study of Proposed La Quinta - Medical Center - San Antonio, Texas (Open 2007) South Texas: Market Study of Proposed Microtel – Gonzales, Texas (Open 2013) Market Study of Proposed Home2 Suites – Mission, Texas Market Study of Proposed Holiday Inn Express – South Padre Island, Texas (Open 2005) 10700 Richmond Ave. Suite 321 Houston, Texas 77042 713.900.2101 DPCHospitality.com Exhibit E North Texas: Market Study of Proposed Hampton Inn – Vernon, Texas (Open 2011) Market Study of Proposed Holiday Inn Express – Vernon, Texas (Open 2006) West Texas: Market Study of Proposed Microtel – San Angelo, Texas (Open 2010) Market Study of Proposed Hawthorn Suites – Lubbock, Texas (Open 2008) Market Study of Proposed Best Western – Hamilton, Texas (Open 2007) Market Study of Proposed La Quinta – Lubbock, Texas (Open 2006) East Texas: Market Study of Proposed Microtel Inn & Suites – Texarkana, Texas Market Study of Proposed Hampton Inn – Sulphur Springs, Texas (Open 2010) Market Study of Proposed Best Western – Mt. Vernon, Texas Outside of Texas: Market Study of Proposed Home2 Suites – Tallahassee, Florida (Open 2016) Market Study of Proposed Home2 Suites – Stillwater, Oklahoma (Open 2016) Market Study of Proposed Home2 Suites – Tuscaloosa, Alabama (Open 2015) Market Study of Proposed Home2 Suites – Lexington, Kentucky (Open 2015) Market Study of Proposed Hilton Garden Inn & Homewood Suites – Oklahoma City, Oklahoma (Open 2014) Market Study of Proposed Hampton Inn & Suites - Mulvane, Kansas (Open 2012) Market Study of Proposed Hampton Inn & Suites – Dodge City, Kansas (Open 2012) Market Study of Proposed Homewood Suites – Nashville, Tennessee (Open 2013) Market Study of Proposed Fairfield Inn – Maize, KS (Open 2011) Market Study of Proposed La Quinta Inn & Suites – Olathe, Kansas (Open 2008) Market Study of Proposed Holiday Inn Express & Suites – Bloomington, Indiana (Open 2006) Market Study of Converting historic buildings into Residence Inn and Courtyard by Marriott – Omaha, NE (Open 1999) Market Study of Proposed Sleep Inn Limited-Service hotel – Thornton, Colorado (Open 1998) Market Study and Valuation of Proposed All-Suite Hotel at Isle of Capri Casino – Lake Charles, Louisiana (Open 1998) Market Study and Valuation of Proposed Limited-Service Hotel at Isle of Capri Casino – Lake Charles, Louisiana (Open 1997) Market Studies Select and Full-Service Hotels: Dallas Area: Market Study of Proposed Hilton Garden Inn – Hurst, Texas (Open 2016) Market Study of Proposed Hilton Dallas/Plano Granite Park – Plano, TX (Open 2014) Market Study of Proposed Cambria Suites – Plano, Texas (Open 2014) Market Study of Proposed Courtyard Hotel & Conference Center – Carrollton, Texas Market Study of Renovating the Historic Blackstone Hotel into a Courtyard by Marriott – Fort Worth, Texas (Open 1999) 10700 Richmond Ave. Suite 321 Houston, Texas 77042 713.900.2101 DPCHospitality.com Exhibit E Market Study of Proposed Embassy Suites Galleria – Dallas, Texas (Open 1998) Evaluation of Converting the Employers Life Insurance Building into a Headquarters Hotel – Dallas, Texas Market Study of Proposed Holiday Inn – McKinney, Texas (Open 2008) Market Study of Proposed Resort Hotel and Water Park – Frisco, Texas Impact Assessment of Converting Ramada Plaza into Holiday Inn Select (Presently The Sheraton) – Fort Worth, Texas Houston Area: Market Study of Proposed Courtyard & TownePlace Suites – Galveston, Texas (Open 2013) Market Study of Proposed Courtyard by Marriott – Galveston, TX (Open 2013) Market Study of Proposed Embassy Suites & Water Park – Beaumont, Texas Market Study of Proposed Embassy Suites – Texas Medical Center – Houston, TX Market Study of Proposed Holiday Inn – Shenandoah, Texas Market Study of Proposed Hilton Garden Inn Galleria – Houston, Texas (Open 2005) Market Study and Economic Impact Assessment of 1,200-Room Hilton Americas – Downtown Houston, Texas (Open 2004) Market Study of Converting the Medical Towers into the Marriott Medical Center Expansion – Houston, Texas Market Study of Converting Historic Texas State Hotel into Sheraton Suites – Downtown Houston, Texas Market Study and Valuation of Omni Galleria – Houston, Texas Market Study and Valuation of Red Lion Hotel Galleria – Houston, Texas Central Texas: Market Study of Proposed SoCo Hotel – (South Congress) Austin, Texas (Open 2015) Economic Impact Study of Proposed Hilton Garden Inn – Live Oak, Texas Market Study of Proposed Select-Service Hotel & Conference Center – Boerne, Texas Market Study of Proposed Four Points (Now Wyndham Garden Inn Near La Cantera) – San Antonio, Texas (Open 2009) Market Study of Proposed Boutique Hotel – Fredericksburg, Texas Market Study of Proposed Cambria Suites – Medical Center – San Antonio, Texas Market Study of Proposed Westin Riverwalk – San Antonio, Texas (Open 1999) Market Study of Proposed Full-Service Hotel – New Braunfels, Texas Market Study and Valuation of St. Anthony Hotel – San Antonio, Texas South Texas: Market Study of Proposed Hotel & Conference Center – Port Aransas, Texas Market Study of Proposed Full-Service Hotel Adjacent to McAllen Convention Center – McAllen, Texas Market Study of Proposed All-Suite Hotel and Resort on North Padre Island – Corpus Christi, Texas Market Study, Economic Impact Study, and Financing Recommendations of Proposed Full-Service Hotel – South Padre Island, Texas Market Study of Proposed Executive Conference Center – North Padre Island, Corpus Christi, Texas North Texas: Market Study of Proposed Hotel Conversion to a Full-Service Wyndham Hotel – Wichita Falls, Texas West Texas: Market Study of Proposed Full-Service Hotel & Conference Center – Odessa, Texas Outside of Texas: Market Study of Proposed Full-Service Resort with Golf – Franklin, Tennessee Market Study of Proposed Hilton Garden Inn & Homewood Suites – Oklahoma City, Oklahoma (Open 2014) Market Study of Proposed Conversion of the Fulton Hotel to a Holiday Inn – Alexandria, Louisiana 10700 Richmond Ave. Suite 321 Houston, Texas 77042 713.900.2101 DPCHospitality.com Exhibit E Market Study of Proposed Office Building Conversion into Hilton Garden Inn – Airport - Phoenix, Arizona (Open 2009) Market Study of Proposed Hilton Garden Inn (Converted Office Building) – Phoenix, AZ at Airport (Open2008) Market Study of Proposed Full-Service Hotel – Colorado Springs, Colorado Performance Review of Operating Standards – Radisson Fort McDowell Resort & Casino – Scottsdale, Arizona Market Study of Proposed Holiday Inn – Colorado Springs, Colorado Market Study and Valuation of Cypress Bend Golf Resort and Conference Center – Sabine Parish, Louisiana Market Study of Converting historic buildings into Residence Inn and Courtyard by Marriott – Omaha, NE (Open 1999) Market Study of Proposed Full-Service Hotel – Sandy City, Utah Market Study of Proposed Full-Service Hotel adjacent to Jazz Land Theme Park – New Orleans, LA Market Study and Valuation of 780-room Regal Riverfront – St. Louis, Missouri Public Assembly Facility Studies: Dallas Area: Market Study of Proposed Dallas County School District Meeting Facility – Dallas, Texas Market Study of Proposed 500,000-Square foot Exhibition Center – Grapevine, Texas Market Study of Proposed Conference Center – Hurst, Texas (Open 2007) Management RFP of Proposed Conference Center – Hurst, Texas Houston Area: Market Study of Proposed Convention Center – Stafford, Texas (Open 2003) Market Study of Proposed Performing Arts Theater – Stafford, Texas (Open 2003) Market Study and Economic Impact of Proposed Waterway Convention Center – The Woodlands, Texas (Open 2002) Citywide occupancy tax collection forecast for City of Houston, used in securing $700 million in bonds for the purpose of expanding the George R. Brown Convention Center, constructing the 1,200-room Hilton Hotel, parking garage, and NBA basketball arena – Houston, Texas Market Study and Economic Impact Study of Expanding the George R. Brown Convention Center – Downtown Houston, Texas Market Study of Proposed Convention Center, Mall Conversion – Baytown, Texas Market Study of Proposed Natatorium – Stafford, Texas Market Study of Repositioning a portion of Greenspoint Mall into a Convention Center – Houston, Texas Market Study of Proposed Civic Center – Kemah, Texas Market Study of Proposed Civic Center – Freeport, Texas Central Texas: Market Study of Proposed Convention Center – New Braunfels, Texas Market Study of Proposed Civic Center & Exhibit Hall – Gonzales, Texas South Texas: Market Study of Expanding the Bayfront Convention Center – Corpus Christi, Texas (Completed 1999) East Texas: Market Study of Proposed Convention Center – Lufkin, Texas Meeting Date July 21, 2020 Department Human Resources Issue Briefing on new Town of Vinton Employee Handbook Summary Town Council adopted the current Employee Handbook by Resolution No. 1804 dated November 18, 2008. The draft Employee Handbook has been updated with feedback from the Leadership Team and legal guidance from our Town Attorney, Jeremy Carroll. Attachments Draft Employee Handbook Recommendations No action required Town Council Agenda Summary Meeting Date July 21, 2020 Department Planning and Zoning Issue Consider adoption of a Resolution authorizing the Town Manager to file an application for allocation of funding from the Virginia Department of Housing and Community Development (DHCD) Industrial Revitalization Fund (IRF) for the Gish Mill Redevelopment Project. Summary On July 7, 2020, Town Council was briefed on two grant funding opportunities for the Gish Mill Redevelopment from the Virginia Department of Historic Resources (DHR) Emergency Supplemental Historic Preservation Fund (ESHPF), and from the Virginia Department of Housing and Community Development (DHCD) Industrial Revitalization Fund (IRF). The grant application for the VA DHR ESHPF was submitted on July 9, 2020. The VA DHCD IRF grant submittal deadline is July 31, 2020. As part of the IRF grant submittal, the Town Manager as the Chief Administrative Officer must certify that information in the application is accurate and that the property meets the eligible definition of blighted, and the governing body must adopt a resolution to authorize the application for the specific property and document the specific dollar amount in IRF matching funds from the locality and other sources. The ultimate intent of the IRF program is to fund shovel-ready projects that will act as a catalyst to spark additional private investment and job creation in distressed areas. Attachments Gish Mill Repair & Stabilization Plan Resolution Recommendations Motion to adopt Resolution Town Council Agenda Summary 1 RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, JULY 21, 2020, AT 7:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA GISH MILL REDEVELOPMENT PROJECT 350 GUS NICKS BOULEVARD, VINTON, VIRGINIA A RESOLUTION authorizing the Town Manager for and on behalf of the Town of Vinton, to file an application for allocation of Virginia Department of Housing and Community Development (DHCD) Industrial Revitalization Fund (IRF) for the Gish Mill Redevelopment Project. WHEREAS, in the late 1700s, the Gish brothers built a grist mill on Glade Creek, which lead to the community surrounding the mill to become known as Gish’s Mill, which was later Chartered in 1884 as the Town of Vinton; and WHEREAS, the Town of Vinton purchased the 1.154 acres located at 350 Gus Nicks Boulevard with a desire to preserve and encourage rehabilitation of the structure and to return it to commercial use; and WHEREAS, on April 7, 2020, a Resolution was adopted by the Town Council for the conveyance of approximately 1.154 acres of real property located at 350 Gus Nicks Boulevard, Vinton, Virginia, known as Gish Mill to Gish Mill Davii, LLC, identified as Tax Map ID Numbers 060.11- 04.00-0000 and 060.11-04-23.00-000 in the Town of Vinton and Tax Map ID Number 3410617 in the City of Roanoke, upon certain terms and conditions as referenced in the Contract of Sale; and. WHEREAS, the Town of Vinton wishes to apply for $600,000.00 of the Virginia Department of Housing and Community Development (DHCD) Industrial Revitalization Fund (IRF) for Gish Mill Redevelopment Project to revitalize this important historic structure into a hub of both economic and social activity; and WHEREAS, a minimum of $900,000.00 has been committed by Gish Mill Davii, LLC, in addition to the Virginia Department of Historic Resources (DHR) Emergency Supplemental Historic Preservation Fund (ESHPF) in the amount of $250,000.00; for which an application was submitted to DHR on July 9, 2020, for the redevelopment of the site; and WHEREAS, the fiscal and cultural impact of this Project will benefit both Vinton and the region through its provisions of new employment opportunities, unique end uses from various market sectors, and its ideal geographic location; and WHEREAS, in addition to allowing this important historical asset to be preserved, this project’s mixed-use approach will foster creative economic growth in various sectors including retail, food and beverage service, and hospitality; and 2 WHEREAS, the site’s close proximity to the newly developed Billy Byrd Apartments, the future Glade Creek Greenway extension, and the Vinyard Station development will also contribute to the transformation of this gateway corridor into Vinton’s downtown area; and WHEREAS, the Gus Nicks Boulevard Pedestrian Crossing Project that connects the Glade Creek Greenway to the Gish Mill property has received funding in the amount of $169,650.00 from Virginia Department of Transportation (VDOT) Surface Transportation Block Grant (STBG) Program; and WHEREAS, the creation of new business ventures and lodging opportunities will provide for new commercial opportunities to complement these prominent recreational and residential features in the area. NOW, THEREFORE, BE IT RESOLVED, the Council of the Town of Vinton hereby endorses the Gish Mill Redevelopment Project, and directs staff to formally apply for the grant. BE IT FURTHER RESOLVED, that the Town Manager is hereby authorized to sign and submit the appropriate documents for the submittal of this Industrial Revitalization Fund proposal. This Resolution adopted on motion made by Council Member _____________, seconded by Council Member ________________, with the following votes recorded: AYES: NAYS: APPROVED: ___________________________________ Bradley E. Grose, Mayor ATTEST: _____________________________________ Susan N. Johnson, CMC, Town Clerk Meeting Date July 21, 2020 Department Treasurer/Finance Department Issue Consider adoption of a Resolution authorizing the Town Manager to execute an Agreement with Roanoke County for the Use of CARES Act Funds Summary The Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) was passed by the United States Congress and signed into law by the United States President on March 27, 2020. A primary component of the CARES Act is the provision of funding assistance to state, local, territorial and tribal governments for direct costs associated with the COVID-19 pandemic through the establishment of the Coronavirus Relief Fund. Roanoke County has received an allocation of $8,217,365 from the Coronavirus Relief Fund, and the County is responsible for ensuring an equitable share of funds received shall be shared with and granted to the Town of Vinton. The Town's equitable share of such funds is $706,693. Funds shall be used solely for qualifying expenses as defined by the CARES Act, and funds not expended on or before December 30, 2020 by the County or the Town must be returned to the Commonwealth of Virginia. The proposed agreement memorializes the County and the Town's agreement to disburse the Town's share of the Coronavirus Relief Funds. Furthermore, it confirms that the Town's use of said funds will be limited to those qualifying expenses defined in the CARES Act, and that any obligation to return funds to the Commonwealth of Virginia resulting from the actions or inactions of the Town is the Town's financial obligation. The Town Attorney has reviewed and approved the agreement as to form. Roanoke County approved the agreement at their July 14, 2020 meeting. Attachments Agreement Resolution Recommendations Motion to adopt Resolution Town Council Agenda Summary AGREEMENT FOR THE USE OF FEDERAL CORONAVIRUS RELIEF FUNDS THIS AGREEMENT, made this the ___ day of July, 2020 by and between Roanoke County, Virginia, a political subdivision of the Commonwealth of Virginia (“County”), and the Town of Vinton, Virginia, a municipal corporation of the Commonwealth of Virginia (“Town”). The County and the Town shall collectively be referred to in this Agreement as the “parties”. WITNESSETH WHEREAS, the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) was passed by the United States Congress and signed into law by the United States President on March 27, 2020; and WHEREAS, a primary component of the CARES Act is the provision of funding assistance to state, local, territorial, and tribal governments for direct costs associated with the COVID-19 pandemic through the establishment of the Coronavirus Relief Fund (“CRF”); and WHEREAS, the County has been notified that it will receive an allocation of $8,217,365.00 from the CRF, and that the County is responsible for ensuring an equitable share of CRF funds received shall be shared with and granted to the Town; and WHEREAS, the Town’s equitable share of such funds is $706,693.00 (“the Town’s distribution”); and WHEREAS, CRF funds shall be used solely for qualifying expenses as defined by the CARES Act; and WHEREAS, CRF funds that are not expended on or before December 30, 2020, by the County or the Town must be returned to the Commonwealth of Virginia no later than December 30, 2020, and the Commonwealth of Virginia is entitled to invoke state aid intercept to recover any such unexpended funds that have not been returned to the Commonwealth within 30 days of December 30, 2020; and Page 1 of 4 WHEREAS, CRF funds expended by the County or the Town on any non-qualifying expenses shall be returned to the Commonwealth of Virginia within 30 days of a finding that the expenditure is disallowed, and the Commonwealth of Virginia is entitled to invoke state aid intercept to recover any and all such funds that are not repaid within 30 days of a finding that the expenditure is disallowed; and WHEREAS, as a condition of receiving CRF funds, the County shall retain documentation of all uses of the funds, including but not limited to payroll time records, invoices, and/or sales receipts, and such documentation shall be produced to the Commonwealth of Virginia upon request; and WHEREAS, the County must maintain proper accounting records to segregate qualifying expenditures from those supported by other fund sources and all such records are subject to audit; and WHEREAS, the parties hereto wish to confirm that the expenditure of CRF funds is limited to those qualifying expenses defined in the CARES Act, and that any obligation to return CRF funds to the Commonwealth of Virginia resulting from the actions or inactions of the Town is the Town’s financial obligation; NOW, THEREFORE, in consideration of the mutual covenants and agreements made herein, the parties agree as follows: 1. The Town shall provide to the County receipts for those qualifying expenses expended by the Town on or before June 30, 2020, and thereinafter the County will reimburse the Town in an amount equal to those qualifying expenses. 2. The Town shall provide to the County invoices for those qualifying expenses incurred by the Town after June 30, 2020, and thereinafter the County will pay invoices for qualifying expenses on behalf of the Town. 3. The County shall distribute to the Town, or on behalf of the Town, no more than $706,693.00 from the CRF funds distributed to the County for qualifying expenses as defined by the CARES Act. Page 2 of 4 4. The County has no obligation to distribute to the Town, or on behalf of the Town, funds for expenses that are not qualifying expenses as defined by the CARES Act. The CARES Act provides that payments from the CRF may only be used to cover costs that: a. are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19); b. were not accounted for in the budget most recently approved as of March 27, 2020 (the date of enactment of the CARES Act) for the State or government; and c. were incurred during the period that begins on March 1, 2020, and ends on December 30, 2020. 5. CRF funds not expended on or before December 30, 2020 by, or on behalf of, the Town shall be returned to the Commonwealth of Virginia. Should the Town not expend all of the Town’s distribution on or before December 30, 2020, the Town agrees that the County may return such unspent amounts to the Commonwealth of Virginia as required under the CARES Act. 6. CRF funds expended by the Town that do not adhere to official federal guidance or that do not qualify under the CARES Act shall be returned to the Commonwealth of Virginia within 30 days of a finding that the expenditure is disallowed. The Town agrees to promptly pay to the County an amount equal to the amount the County is required to return to the Commonwealth of Virginia, including costs. 7. The Town shall keep and maintain records sufficient to demonstrate that CRF funds have been used in accordance with the provisions of the CARES Act, and any other applicable laws and regulations, and such documentation shall be produced to the County upon request. 8. The Town shall retain documentation of all uses of the funds, including but not limited to payroll time records, invoices, and/or sales receipts, and such documentation shall be produced to the County upon request. 9. The Town shall maintain proper accounting records to segregate qualifying expenditures from those supported by other fund sources, and such records shall be produced to the County upon request. Page 3 of 4 10. The Town shall fully comply with all requirements of the CARES Act, the County, the Commonwealth of Virginia, and the federal government in the management and use of the Town’s distribution, including compliance with any audit. This Agreement has been duly authorized and approved by the Board of Supervisors of Roanoke County and the Town Council of the Town of Vinton. WITNESS the following signatures: ROANOKE COUNTY, VIRGINIA _______________________________ By: Daniel R. O’Donnell Its: County Administrator TOWN OF VINTON, VIRGINIA _______________________________ By: Barry W. Thompson Its: Town Manager Page 4 of 4 1 RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL, HELD ON TUESDAY, JULY 21, 2020, AT 7:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 S. POLLARD STREET, VINTON, VIRGINIA WHEREAS, the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) was passed by the United States Congress and signed into law by the United States President on March 27, 2020; and WHEREAS, a primary component of the CARES Act is the provision of funding assistance to state, local, territorial, and tribal governments for direct costs associated with the COVID-19 pandemic through the establishment of the Coronavirus Relief Fund (“CRF”); and WHEREAS, Roanoke County has received an allocation of $8,217,365.00 from the CRF, and Roanoke County is responsible for ensuring that an equitable share of said funds received shall be shared with and granted to the Town of Vinton; and WHEREAS, the Town of Vinton’s equitable share of said funds is $706,693.00; and WHEREAS, on June 23, 2020, the Roanoke County Board of Supervisors, by ordinance, authorized the appropriation of such funds to the Town of Vinton; and WHEREAS, Roanoke County and the Town of Vinton wish to memorialize certain agreements for the share, expenditure, and management of said funds. NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby authorize the Town Manager to execute an agreement with Roanoke County for the use of the CARES Act funds. This Resolution adopted on motion made by _________________, seconded by ____________________, with the following votes recorded: AYES: NAYS: APPROVED: ______________________________________ Bradley E. Grose, Mayor ATTEST: Susan N. Johnson, CMC, Town Clerk Meeting Date July 21, 2020 Department Council Issue Work Session – Review of Council Orientation Manual Summary The Town Attorney will review sections of the Council Orientation Manual. Attachments None Recommendations No action required Town Council Agenda Summary