HomeMy WebLinkAboutCouncil Actions 11-01-04ROANOKE CITY COUNCIL
ROANOKE CITY SCHOOL BOARD
MONDAY, NOVEMBER 1,2004
9:00 A.M.
ROOM 159
Call to Order:
City Council
School Board
Roll Call:
City Council
School Board
Welcome and Opening Remarks
Topics for Discussion:
AGENDA
Consultant - Superintendent search process
School safety and discipline
Drug dog searches
New leadership
Expanding alternative education
School uniforms
Maternal and Infant Education Program
Items listed on the 2:00 p.m. Council docket requiring discussion/clarification; and
additions/deletions to the 2:00 p.m. docket. (15 minutes)
Topics for discussion by the Mayor and Members of Council. (30 minutes)
Acommunication from Mayor C. Nelson Harris requesting that Council convene in
a Closed Meeting to discuss the Citizen of the Year Award, pursuant to Section
2.2-3711 (A)(10), Code of Virginia (1950), as amended.
Approved (7-0)
File #132-496
A communication from the City Manager requesting that Council convene in a
Closed Meeting to discuss acquisition of real property for a public purpose, where
discussion in open meeting would adversely affect the bargaining position or
negotiating strategy of the City, pursuant to Section 2.2-3711 (A)(3), Code of
Virginia (1950), as amended.
Approved (7-0)
File #132
THE COUNCIL MEETING WAS DECLARED IN RECESS TO BE RECONVENED AT 2:00
P.M., IN THE CITY COUNCIL CHAMBER, FOURTH FLOOR, NOEL C. TAYLOR
MUNICIPAL BUILDING.
THE SCHOOL BOARD MEETING WAS ADJOURNED.
2
Wishneff
36889-II0104
ROANOKE CITY COUNCIl
REGULAR SESSION
NOVEMBER I, 2004
2.'00 P.M.
CITY COUNCIL CHAMBER
AGENDA
Call to Order--Roll Call·
The Invocation was delivered by Council Member Sherman P. Lea.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor C. Nelson Harris.
Welcome. Mayor Harris.
NOTICE:
Today's Council meeting will be replayed on Channel 3 on Thursday,
November 4, 2004, at 7:00 p.m., and Saturday, November 6, 2004, at
4:00 p.m. Council meetings are offered with closed captioning for the
hearing impaired.
ANNOUNCEMENTS:
THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY
COUNCIL AGENDA AND RELATED COMMUNICATIONS, REPORTS,
ORDINANCES AND RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE
COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR REVIEW OF
INFORMATION. CITIZENS WHO ARE INTERESTED IN OBTAINING A COPY OF
ANY ITEM LISTED ON THE AGENDA MAY CONTACT THE CITY CLERK'S
OFFICE, ROOM 456, NOEL C. TAYLOR MUNICIPAL BUILDING, 215 CHURCH
AVENUE, S. W., OR CALL 853-2541.
THE CITY CLERK'S OFFICE PROVIDES THE MAJORITY OF THE CITY COUNCIL
AGENDA ON THE INTERNET FOR VIEWING AND RESEARCH PURPOSES. TO
ACCESS AGENDA MATERIAL, GO TO THE CITY'S HOMEPAGE AT
WWW.ROANOKEGOV.COM, CLICK ON THE ROANOKE CITY COUNCIL ICON,
CLICK ON MEETINGS AND AGENDAS, AND DOWNLOAD THE ADOBE
ACROBAT SOFTWARE TO ACCESS THE AGENDA.
ALL PERSONS WISHING TO ADDRESS COUNCIL ARE REQUESTED TO
REGISTER WITH THE STAFF ASSISTANT WHO IS LOCATED ATTHE ENTRANCE
TO THE COUNCIL CHAMBER. ON THE SAME AGENDA ITEM, ONE TO FOUR
SPEAKERS WILL BE ALLO'I-rED FIVE MINUTES EACH, HOWEVER, IF THERE ARE
MORE THAN FOUR SPEAKERS, EACH SPEAKER WILL BE ALLO'I-I'ED THREE
MINUTES.
ANY PERSON WHO IS INTERESTED IN SERVING ON A CITY COUNCIL
APPOINTED AUTHORITY, BOARD, COMMISSION OR COMMI'I-fEE IS
REQUESTED TO CONTACT THE CITY CLERK'S OFFICE AT 853-2541, OR
ACCESS THE CITY'S HOMEPAGE AT WWW. ROANOKEGOV.COM, TO OBTAIN
AN APPLICATION.
2. PRESENTATIONS AND ACKNOWLEDGEMENTS:
Proclamation declaring November 2004, as Juvenile Diabetes Awareness
Month.
File #3
Proclamation declaring Saturday, November 6, 2004 as Valley Bookfest Day.
File #3-323
Proclamation declaring Saturday, November 13, 2004 as America Recycles
Day.
File #3-282
CONSENT AGENDA
Approved (7-0)
ALL MA'I-rERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO
BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY
ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF
DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT
AGENDA AND CONSIDERED SEPARATELY.
C-1
A communication from the City Manager requesting that Council
schedule a public hearing for Monday, November 15, 2004, at 7:00 p.m., or
as soon thereafter as the matter may be heard, to consider an adjustment to
the Technology Fund Budget.
RECOMMENDED ACTION: Concur in the request.
File #60-270-301
C-2
Qualification of the following persons:
James A. Allen as a Commissioner of the Roanoke
Redevelopment and Housing Authority, for a term ending
August 31,2008; and
Robert N. Richert as a member of the Architectural Review
Board, for a term ending October 1,2008.
RECOMMENDED ACTION: Receive and file.
File #15-110-178-249
5
C-3
An oral request of Council Member Brian J. Wishneff that Council
convene in Closed Meeting to discuss a public contract involving the
expenditure of public funds and discussion of the terms of such contract,
pursuant to Section 2.2-3711 (A)(30), Code of Virginia, 1950, as amended.
RECOMMENDED ACTION: Concur in the request.
File #132
REGULAR AGENDA
4. PUBLIC HEARINGS: NONE.
5. PETITIONS AND COMMUNICATIONS: NONE.
6. REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
Amendment to the City's Consolidated Plan Annual Update to
allow use of CDBG funds for reimbursement to the Council of
Community Services for planning activities and land acquisition
costs associated with the "C2C (Cradle to Cradle)" Housing
Competition.
Adopted Budget Ordinance No. 36889-1 i0104 and
Resolution No. 36890-110104. (7-0)
File #60-178-200
Execution of Amendment No. 4 to the contract with Hayes,
Seay, Mattern & Mattern, Inc., in the amount of $166,570.00,
for additional design services in connection with the First Street
Bridge project.
Adopted Resolution No. 36891-110104. (7-0)
File #102
6
DIRECTOR Of FINANCE:
1.
Financial report for the month of September 2004.
Received and filed.
File #10
7. REPORTS OF COMMI'I-rEES:
8. UNFINISHED BUSINESS:
NONE.
Amendment of the City Code in connection with implementation of
certain changes to the City's Tax Exemption Program for rehabilitated
real property. (The matter was tabled by the Council on October 18,
2004.)
Adopted Ordinance No. 36892-110104. (7-0)
File #24-79
INTRODUCTION AND CONSIDERATION OF ORDINANCES
AND RESOLUTIONS:
A resolution fixing compensation of the Western Virginia Water
Authority and the Roanoke Valley Resource Authority, effective
January 1,2005.
Adopted Resolution No. 36893-110104. (7-0)
File #144-468
10. MOTIONS AND MISCELLANEOUS BUSINESS:
Inquiries and/or comments by the Mayor and Members of City
Council.
Council Member Lea requested a briefing by the City
Attorney with regard to the facts surrounding the location
of a proposed methadone clinic at the corner of
Hershberger and Cove Roads, N. W.
File #76
7
b. Vacancies on certain authorities, boards, commissions and
committees appointed by Council.
1 1. HEARING OF CITIZENS UPON PUBLIC MATTERS:
CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD.
MATTERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED
IMMEDIATELY FOR RESPONSE, RECOMMENDATION OR REPORT TO
COUNCIL.
The following tenants of the City Market Building spoke with
regard to operation of the City Market Building:
Phillip Full
Anita Wilson
Kelly Crovo
Dean Crump
File #42
The following persons spoke with regard to a proposed
methadone clinic to be located at the corner of Hershberger and
Cove Roads, N. W.:
Judy Ferguson
Trina Blaney
Brian Kingery
Mary Paxton
Robert Gravely
File #76
Jim Fields spoke with regard to the
Stadium.
File #122
12. CITY MANAGER COMMENTS:
renovation
of Victory
CERTIFICATION OF CLOSED SESSION. (7-0)
C. NELSON HARRIS
Mayor
CITY OF ROANOKE
CITY COUNCIL
215 Church Avenue, S.W.
Noel C, Taylor Municipal Building, Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
Council Members:
M. Rupert Cutler
Alfred T. Dowe, Jr.
Beverly T. Fitzpatrick, Jr.
Sherman P, Lea
Brenda L. McDaniel
Brian J, Wishneff
November 1,2004
The Honorable Vice-Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Members of Council:
This is to request a Closed Meeting to discuss the Citizen of the Year, pursuant to Section
2.2-3711 (A)(10), Code of Virginia (1950), as amended.
Sincerely,
CNH:snh
C. Nelson Harris
Mayor
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
November 1,2004
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Subject: Request for closed meeting
Dear Mayor Harris and Council Members:
This is to request that City Council convene aclosed meeting to discuss the
acquisition of real property for a public purpose, where discussion in open
meeting would adversely affect the bargaining position or negotiating strategy of
the City, pursuant to §2.2-371 !.A.3, of the Code of Virginia (1950), as amended.
Sincerely,
Darlene L. Burcham
City Manager
DLB/f
C:
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Mary F. Parker, City Clerk
WHEREA&
the Juvenile Diabetes Research Foundation (JDRF), the leading
charitable funding organization and advocate of juvenile (type l)
diabetes research worldwide, was founded in 1970 by parents of
children with juvenile diabetes -- a disease which strikes children
suddenly, makes them insulin-dependent for life, and carries the
constant threat of devastating complications; and
WHEREA&
stqff and volunteers of the Foundation are the driving force behind
more than 100 chapters, branches, and affiliates worldwide, giving
generously of their time, money, and expertise to fulfill an
ambitious agenda of fundraising events and advocacy activities;
and
WHEREA&
since its inception, JDRF has provided more than $800 million in
direct.funding to diabetes research and its mission is to.find a cure
for diabetes and its complications through the support of research;
and
WHEREAS, the month of November has been designated as National Diabetes
Awareness Month; and
WHEREA&
the Greater Blue Ridge Chapter of the Juvenile Diabetes Research
Foundation continues to raise awareness of diabetes through local
.fundraising activities and public relations campaigns
NOW, THEREFORE, 1, C Nelson Harris, Mayor of the City of Roanoke,
Virginia, in order to increase public awareness of Juvenile Diabetes and to
promote greater understanding for those who suffer from the devastating
complications of diabetes, do hereby proclaim November 2004, throughout this'
great All-America City, as
JUVENILE DIABETES A WARNESS MONTH.
Given under our hands and the Seal qf the City of Roanoke this first day q/'
November in the year two thousand and four.
ATTEST:
Mary F. Parker C. Nelson Harris
City Clerk Mayor
Office of the Mayor
CITY OF ROANOKE
o lam io,
WHEREAS, expanding the level of literacy in communities through access to
the highest quality library and information service is the goal of libraries who are
advocates of 21st century literacy across the country; and
WHEREAS, the need for a highly literate citizenry is essential to our City
today and in our future as we move toward enhancing economic development and
quality of life within our municipal boundaries; and
WHEREAS, libraries have developed a climate to promote and expand the
literacy in their communities by creating library-sponsored pre-school storytimes,
reading clubs for people o fall ages, collaborating with volunteer and community-
based organizations to provide access to basic skills/literacy services to youth
and adults and community-oriented festivals aimed at celebrating reading and
writing; and
WHEREAS, libraries cannot undertake these activities alone and often partner
with organizations such as the sponsors of the 2004 Valley Bookfest---the
Roanoke Public Library Foundation, Valley Metro, Blue Ridge Public Television,
Cox Communications, and The Roanoke Times to bring literacy-oriented
programs and services to the community; and
WHEREAS, all citizens are urged to learn more about the importance of
literacy and to attend the book festival, which celebrates the writing of authors
from the Commonwealth of Virginia, to be hem on Saturday, November 6, 2004,
at the Roanoke Main Public Library,
NOW, THEREFORE, 1, C Nelson Harris, Mayor of the City of Roanoke,
Virginia, in recognition of qfforts made by Roanoke Public Libraries in the area
of literacy and to celebrate implementation of the third community-wide
celebration of reading and writing, do hereby proclaim Saturday, November 6,
2004, throughout this great All-America City, as
VALLEY BOOKFEST DA Y.
Given under our hands and the Seal of the City of Roanoke this first day of
November in the year two thousand and four,
Mary l~ Parker
City Clerk
C. Nelson Harris
Mayor
Office of the Mayor
CITY OF ROANOKE
WHEREAS, America Recycles Day ts a national event designed to invigorate
the commitment of citizens to recycling, reducing waste and choosing products
made with recycled materials,- and
WHEREAS, the City of Roanoke has offered free "commingled" curbside
collection of mixed paper and cardboard, and glass, plastic, aluminum and steel
cans since 2001, and invites all citizens, schools, businesses and places of
worship to recycle with the City of Roanoke; and
WHEREAS, five important reasons why Americans should recycle and buy
products made from recycled materials are: recycling Saves Natural Resources -
by producing products from recycled materials, citizens conserve land and reduce
the need to drill for oil and dig for materials; Saves Energy - it takes less energy
to produce recycled products; Saves Clean Air and Water -producing products.
from recycled materials creates less air and water pollution than products from
virgin materials,. Saves Landfill Space - landfill space is conserved when recycled
materials go into new products; Saves Money and Creates Jobs - recycling and
remanufacturing activities account for more than one million jobs in the United
States; and '
WHEREAS, the City of Roanok~ will recognize America Recycles Day With a
Giant Indoor Yard Sale to be held on Saturday, November 13, 2004, at the
Roanoke Civic Center Exhibit Hall from 8 a.m. to 2 p.m., where residents and
groups will sell individual items; a room of recycling-related games for children
will be offered, along with demonstrations on home composting.
NOW, THEREFORE, I, C Nelson Harris, Mayor of the City qf Roanoke,
Virginia, encourage all citizens, schools, businesses and places of worship to
participate and to support recycling efforts on this day and every day hereafter,
and do hereby proclaim Saturday, November 13, 2004, throughout lhis great All-
America City, as
AMERICA RECYCLES DA E
Given under our hands and the Seal of the City of Roanoke this first day of
November in the year two thousand and four. '
A TTE~:
Mary 1~ Parker
City Clerk
C. Nelson Harris
Mayor
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
November 1,2004
The Honorable
The Honorable
The Honorable
The Honorable
The Honorable
The Honorable
The Honorable
C. Nelson Harris, Mayor
Beverly T. Fitzpatrick, Jr., Vice-Mayor
M. Rupert Cutler, Council Member
Alfred T. Dowe, Jr., Council Member
Sherman P. Lea, Council Member
Brenda L. McDaniel, Council Member
Brian J. Wishneff, Council Member
Dear Mayor Harris and Members of City Council:
Subject: Request for Public Hearing
to Consider an Adjustment to the
Technology Fund Budget
Background:
Each year, the year-end general fund balance and retained earnings for
internal service fund and enterprise funds are appropriated for the funding
of capital maintenance and equipment replacement (CMERP) and other
necessary items. A council report recommending the appropriation of
$1,937,240 was presented to Council on September 20, 2004 at which
time Council was advised that a subsequent report would contain
recommendations regarding the appropriation of funds for CMERP
Technology. A report recommending the appropriation of these funds is
scheduled to be presented to Council on November 15, 2004.
Pursuant to Section 15.2-2507, Code of Virginia (1950), as amended, a
locality may amend its budget to adjust the aggregate amount to be
appropriated during the current fiscal year as shown in the current
adopted budget, however, any such amendment which exceeds one
percent of the total expenditures shown in the adopted budget or the sum
of $500,000, whichever is lesser, must be accomplished by publishing a
notice of a meeting and a public hearing.
Mayor Harris and Members of City Council
November 1,2004
Page 2
Recommended Action:
Authorize the City Clerk to schedule and advertise a public hearing on the
above adjustment to the Technology Fund budget for November 15, 2004,
at 7:00 p.m.
Respectfully submitted,
Darlene L. Burcham
City Manager
DLB:acm
C:
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Sherman M. Stovall, Director of Management and Budget
CM04-00185
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon, CMC
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
November 3, 2004
File #15-178
John P. Baker, Executive Director
Roanoke Redevelopment and Housing Authority
P. O. Box 6459
Roanoke, Virginia 24017-0359
Dear Mr. Baker:
This is to advise you that James A. Allen has qualified as a Commissioner of the
Roanoke Redevelopment and Housing Authority, for a term ending August 31,
2008.
Mary F. Parker, CMC
City Clerk
MFP:ew
pc: Stephanie M. Moon, CMC, Deputy City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, JAMES A. ALLEN, do solemnly swear (or affirm) that I will support the
Constitution of the United States of America and the Constitution of the
Commonwealth of Virginia, and that I will faithfully and impartially discharge and
perform all the duties incumbent upon me as a Commissioner of the Roanoke
Redevelopment and Housing Authority, for a term ending August 31, 2008,
according to the best of my ability (So help me God).
BRENDA S. HAMILTON, CLER,I~ OF CIRCUIT COURT
Office of the C ty Clerk
Mary F. Parker, CMC Stephanie M. Moon, CMC
City Clerk Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
November 3, 2004
File #15-110-249
Martha P. Franklin, Secretary
Architectural Review Board
Roanoke, Virginia
Dear Ms. Franklin:
This is to advise you that Robert N. Richert has qualified as a member of the
Architectural Review Board, for a term ending October 1, 2008.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
pc: Stephanie M. Moon, CMC, Deputy City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Robert N. Richert, do solemnly swear (or affirm) that I will support the
Constitution of the United States of America and the Constitution of the
Commonwealth of Virginia, and that I will faithfully and impartially discharge and
perform all the duties incumbent upon me as a member of the Architectural
Review Board, for a term ending October 1, 2008, according to the best of my
ability (So help me God).
Subscribed and sworn to before me this ~day of~rq~/---~-2004.
BRENDA L. HAMILTON, CLERK OF THE CIRCUIT COURT
BY-'-~'f~ CLip.dy.../ ,DEPUTY CLERK
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC Stephanie M. Moon, CMC
City Clerk Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
November 3, 2004
File #60-178-200
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Ordinance No. 36889-110104 transferring $100,000.00 in
Community Development Block Grant funds for the Cradle to Cradle (C2C) Home
Program, and amending and reordaining certain sections of the 2004-2005 Grant
Fund Appropriations.
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday, November 1, 2004, and is in full force
and effect upon its passage.
Mary F. Parker, CMC
City Clerk
MFP:ew
Attachment
Jesse A. Hall
November 3, 2004
Page 2
pc:
Darlene L. Burcham, City Manager
Rolanda B. Russell, Assistant City Manager for Community Development
Sherman M. Stovall, Director, Office of Management and Budget
Frank E. Baratta, Budget Team Leader
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 1st day of November, 2004.
No. 36889-110104.
AN ORDINANCE to transfer Community Development Block Grant funds for the
Cradle to Cradle (C2C) Home Program, amending and reordaining certain sections of the 2004-
2005 Grant Fund Appropriations, and dispensing with the second reading by title of this
ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that the following sections of
the 2004-2005 Grant Fund Appropriations be, and the same are hereby, amended and
reordained to read and provide as follows:
Appropriations
Multi-Unit Affordable Rental Housing
Cradle to Cradle Home Program
035-G03-0320-5416
035-G03-0320-5426
(100,000)
100,000
Pursuant to the provisions of Section 12 of the City Charter, the second reading of this
ordinance by title is hereby dispensed with.
City Clerk.
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC Stephanie M. Moon, CMC
City Clerk Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
November 3, 2004
File #60-178-200
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 36890-110104 authorizing the appropriate
City officials to execute an amendment to the Consolidated Plan for FY 2004-2005,
providing for the use of Community Development Block Grant funds to reimburse
the Council of Community Services (CCS) for planning activity and land acquisition
costs related to Roanoke's C2C (Cradle to Cradle) Housing Competition," allowing
funds to be used to sponsor a Valley-wide conference for developing regional
approaches toward human service needs in the Roanoke Valley, and authorizing the
City Manager to execute a 2004-2005 Community Development Block Grant
Subgrant Agreement with the Council of Community Services, upon certain terms
and conditions.
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday, November 1, 2004, and is in full force
and effect upon its passage.
Mary F. Parker, CMC
City Clerk
MFP:ew
Attach m e nt
Darlene L. Burcham
November 3, 2004
Page 2
pc:
Jesse A. Hall, Director of Finance
Rolanda B. Russell, Assistant City Manager for Community Development
Sherman M. Stovall, Director, Office of Management and Budget
Frank E. Baratta, Budget Team Leader
Paula Prince, C~)uncil of Community Services
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 1st day of November, 2004.
No. 36890-110104.
A RESOLUTION authorizing the appropriate City officials to execute an amendment to the
Consolidated Plan for FY 2004-2005, providing for the use of Community Development Block
Grant funds to reimburse the Council of Community Services (CCS) for its planning activity and
land acquisition costs related to Roanoke's "C2C (Cradle to Cradle) Housing Competition," and
allowing funds to be used to sponsor a Valley-wide conference for developing regional approaches
toward human service needs in the Valley, and authorizing the City Manager to execute a 2004-2005
Community Development Block Grant Subgrant Agreement with the Council of Community
Services, upon certain terms and conditions.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City Manager and the City Clerk are hereby authorized, for and on behalf of the
City, to execute and attest, respectively, an amendment to the Consolidated Plan for FY 2004-2005,
providing for the use of Community Development Block Grant funds to reimburse the Council of
Community Services (CCS) for its planning activity and land acquisition costs related to Roanoke's
"C2C (Cradle to Cradle) Housing Competition," and allowing funds to be used to sponsor a Valley-
wide conference for developing regional approaches toward human service needs in the Valley, and
authorizing the City Manager to execute a 2004-2005 Community Development Block Grant
Subgrant Agreement with the Council of Community Services, and any additional necessary
documents related to such an amendment, approved as to form by the City Attorney, as is more
particularly set forth in the City Manager's letter dated November 1, 2004, to this Council.
2. The City Manager and the City Clerk are hereby authorized, for and on behalf of the
City, to execute and attest, respectively, a Community Development Block Grant Subgrant Agreement
with the Council of Community Services similar in form to the Agreement attached to the City
Manager's letter dated November 1, 2004, to accomplish the C2C Housing Competition and the
Valley-wide conference, such Agreement to be approved as to form by the City Attorney, as is more
particularly set forth in the City Manager's letter dated November 1, 2004, to this Council.
City Clerk.
CITY OF ROANOKE
OFFICE OF THE C1TY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
November 1,2004
Honorable
Honorable
Honorable
Honorable
Honorable
Honorable
Honorable
C. Nelson Harris, Mayor
Beverly T. Fitzpatrick, Jr., Vice Mayor
M. Rupert Cutler, Council Member
Alfred T. Dowe, Jr., Council Member
Sherman P. Lea, Council Member
Brenda L. McDaniel, Council Member
Brian J. Wishneff, Council Member
Dear Mayor Harris and Members of Council:
Subject: Authorization to Amend
Consolidated Plan Annual
Update and to Execute a 2004-
05 CDBG Subgrant Agreement
with the Council of Community
Services
Background:
Roanoke's "C2C (Cradle to Cradle) Home" is an international home design and
construction competition which is being conducted by the Council of
Community Services (CCS) through Smith-Lewis Architecture. The purpose of
the design competition is to design and create affordable and other housing
that is energy efficient, based on sustainable and reusable materials and relies
on innovative manufacturing techniques and technology. The City is agreeable
to reimbursing the CCS up to $100,000 for its planning activity and land
acquisition costs related to the design competition. The City intends to use the
Community Development Block Grant (CDBG) funds available in account 035-
G03-0320-5416. The funds are currently designated for the "Multi-Unit
Affordable Rental Housing Project" and will be replaced at a later date.
In addition to the C2C activities, the Council of Community Services (CCS) is
Mayor Harris and Members of City Council
November 1,2004
Page 2
interested in sponsoring a Valley-wide conference for all human service
providers in an effort to support developing regional approaches toward human
service needs in the Valley. The City is agreeable to reimbursing the CCS up to
$15,000 for costs related to the conference. The City intends to use the
Community Development Block Grant (CDBG) funds available in account 035-
G04-0421-5402. The funds are currently set aside for the "Daycare Services
Initiative" project, which was to use the funds to study existing daycare capacity
and needs. Instead, the project is to become the "Human Services Initiative".
Considerations:
The City's current Consolidated Plan does not make provision for these two
uses of the CDBG funds. Therefore, City Council must approve amendments to
the Consolidated Plan as a prerequisite to entering into agreements with the
Council of Community Services to accomplish the "C2C (Cradle to Cradle)
Housing Competition" and Valley-wide conference.
The changes to the Consolidated Plan constitute substantial amendments,
which require a 30-day public comment period before the change can be
implemented. The public comment period began with a newspaper
advertisement on September 12, 2004, and ended October, 13, 2004. No
compelling objections were received.
Recommendation:
Approve amending the City's Consolidated Plan to allow the use of CDBG funds
to (1) reimburse Council of Community Services for the planning activities and
land acquisition costs associated with the "C2C (Cradle to Cradle) Housing
Competition and (2) to allow funds to be used for regional cooperation in an
effort to address human service needs in the Valley;
Authorize the City Manager to execute and submit any necessary documents,
approved as to form by the City Attorney, to the United States Department of
Housing and Urban Development for such amendment; and
Authorize the execution of the 2004-2005 CDBG Subgrant Agreement with the
Council of Community Services, similar in form and content to the draft agreement
attached to this report, and approved as to form by the City Attorney.
Authorize the transfer of $100,000 from 035-G03-0320-5416 (Multi-Unit
Mayor Harris and Members of City Council
November 1,2004
Page 3
Affordable Rental Housing) to an account for the C2C Home program to be
established in the Grant Fund by the Director of Finance.
Respectfully submitted,
City Manager
DLB:vt
c: Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Rolanda B. Russell, Assistant City Manager for Community Development
Sherman M. Stovall, Director of Management and Budget
Frank E. Baratta, Budget Team Leader
Paula Prince, Council of Community Services
CM04-00183
AGREEMENT
This agreement is made and entered into this 1st day of July 2004, by and
between the following parties:
The Grantee
City of Roanoke, Virginia
215 Church Avenue, S.W.
Roanoke, Virginia 24011
The Subgrantee
Council of Community Services
502 Campbell Ave., S.W.
Roanoke, Virginia 24016
WITNESSETH
WHEREAS, by Resolution No ...... - ...... the Roanoke City Council approved
amending the 2000/2005 Consolidated Plan to add the activity known as the
Housing Design Competition; and
WHEREAS, by Resolution No ...... - ...... the Roanoke City Council authorized
execution of a subgrant agreement with the Subgrantee to assist the Housing
Design Competition;
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. SCOPE OF SERVICES:
a. Housing Design Competition
(1) Planning Activities
The Subgrantee shall use CDBG funds for the overall planning of
the C2C Home, an international home design and construction
competition based on the "Cradle to Cradle" green building
concepts, for the development of affordable, sustainable housing
in our urban neighborhoods. Planning activities shall include, but
not be limited to, the following: promotions and communications
(announcements, invitations, and press releases), staff time,
production ofwebsite, information and registration packages, and
the development of a housing design pattern book.
(2) Property Acquisition
In an effort to restore the core neighborhoods, the Subgrantee
shall use CDBG funds to acquire vacant lots located in the
Page 1 of 19 Pages
Grantee's core neighborhoods, including any designated by the
Grantee, for the purposes of building up to 30 winning designs
next summer.
Eliqible Homebuyers -This section shall apply to housing developed on
land acquired using Community Development Block Grant (CDBG) funds
provided by the Grantee under this or any other agreement. An "eligible
homebuyer" shall mean a family whose income, adjusted for family
size, does not exceed 80% of the area median income defined by the
U.S. Department of Housing and Urban Development ("HUD") and in
effect at the time the family applies for assistance. In addition, the
home for which the family is applying for assistance must be the
family's principal residence. The Subgrantee shall prepare, and retain
with records of the Program, documentation of its determination of
each eligible family's size and income, including the name, age, and the
sources and estimated amount of income anticipated for the
succeeding twelve months for each individual related by birth, marriage
or adoption living in the same household at the time of the
determination.
PERIOD OF PERFORMANCE
This Agreement shall be effective as on July 1,2004, and, unless amended,
shall end June 30, 2005.
BUDGET
General -- Unless amended, the total amount of CDBG funds provided
by the Grantee under this Agreement shall not exceed $100,000, of
which not less than $46,200.00 shall be used for land acquisitions and
$53,800 shall be used for planning activities. At the sole discretion of
the Grantee, any funds remaining unexpended as of the end date of
this Agreement may be deobligated from the Agreement and made
available for other CDBG projects of the Grantee, as appropriate.
bw
Allowable Expenditures -- "Planning" funds include the wages and
benefits of staff and communications or promotions costs directly
associated with conducting the housing design activities. "Land
acquisition" funds include the purchase price and reasonable
settlement costs and other costs directly related the land acquisitions..
REQUESTS FOR DISBURSEMENTS OF FUNDS
This is a cost-reimbursement Agreement. Disbursement of funds under
this Agreement may be requested only for necessary, reasonable and
allowable costs for which the Subgrantee has made payment during the
period of performance set forth in section 2 above.
Page 2 of 19 Pages
In general, disbursements shall be requested no more frequently than
monthly, and shall be submitted to the Grantee's Department of
Management and Budget in form and content satisfactory to the
Grantee, including copies of invoices or bills from vendors supporting
the request. Such supporting documentation will bear a date paid
stamp, indicating the date and check number by which the cost was
paid or be accompanied by an agency payment voucher providing this
information. Requests for disbursement of funds related to the
payment of staff wages and benefits shall be supported by payroll
summaries or similar documentation. Requests for disbursement of
funds related to land acquisitions shall be supported by signed
settlements and copies of invoices or bills from vendors, as
appropriate.
Disbursement of requested funds to the Subgrantee for properly
documented necessary, reasonable and allowable costs will generally be
made within ten (10) days of receipt, subject to the timely receipt of
monthly reports (see section 6 below).
All requests for disbursements of funds associated with activities under
this Agreement must be received by the Grantee within 30 calendar
days of the ending date set forth in section 2 above. The Grantee shall
not be bound to honor requests for disbursements received after this
30-day period has expired.
RECORDS REQUIREMENTS
Records to be maintained -- At a minimum, the Subgrantee shall
maintain financial and project documents and records which comply
with the requirements of 24 CFR 570.506, and 570.507, as applicable.
Period of record retention-- In compliance with the requirements of 24
CFR 570.502(b), the Subgrantee shall retain financial and project
documents and records pertaining to this Agreement for a period of
four (4) years, as applicable, or the conclusion of any legal or
administrative process requiring their use, whichever is later.
Access to records--The Grantee and other entities shall have access to
financial and project documents and records pertaining to this
Agreement in compliance with the applicable requirements of 24 CFR
84.53.
REPORTING REQUIREMENTS
a. By the 7th working day following the end of each month, the
Subgrantee shall report the progress of activities covered by this
Page 3 of 1 9 Pages
Agreement, in a format acceptable to the Grantee's Department of
Management and Budget. Such monthly reports shall include, but not
be limited to, the following:
(1) A narrative section summarizing progress to-date on the activities
included under the Scope of Services;
(2) A listing of properties acquired;
(3)
If applicable, a table providing data on each housing unit and
eligible family assisted (see Attachment A for minimum data
elements to be reported).
(4) If applicable, a table providing data on the demographics of all
households served (see Attachment B).
The Subgrantee agrees to submit any other reports or documentation
as requested by the Grantee concerning activities covered under this
agreement.
MONITORING
The Subgrantee shall monitor the progress of the project covered by this
Agreement, and shall submit appropriate reports to the Grantee's
Department of Management and Budget. In addition, it is the Grantee's
intention to monitor the Subgrantee's performance and financial and
programmatic compliance, which may include on-site reviews, at least once
during the period of this Agreement.
ANNUAL AUDIT
As an entity receiving less than $300,000 in federal funding from the
Grantee, the Subgrantee shall not be required by the Grantee to undergo an
annual independent audit of the CDBG expenditures under this Agreement.
Furthermore, no expenditures with respect to any such audit undertaken by
the Subgrantee's own initiative shall be chargeable to the funds under this
Agreement.
PROGRAM INCOME:
"Program income" means gross income received by the Grantee or
Subgrantee directly generated from the use of CDBG funds. Program income
from any and all sources shall be submitted to the Grantee within five (5)
days of its receipt by the Subgrantee. No program income is expected.
10. REVERSION OF ASSETS
Page 4 of 19 Pages
Upon expiration or termination of this Agreement, including any
amendments thereto, the Subgrantee shall transfer to the Grantee any
CDBG funds or Program Income on hand at the time of expiration or
termination and any accounts receivable attributable to the use of
CDBG funds.
b. Any real property under the Subgrantee's control that was acquired or
improved, in whole or in part, with CDBG funds in excess of $25,000:
(1)
Shall continue for a period of not less than five years following
expiration of this Agreement, including any amendments thereto,
to be used to meet one of the CDBG national objectives cited in 24
CFR 570.208; or
(2)
If the property is not used in accordance with paragraph (1) above,
the Subgrantee shall pay the Grantee an amount equal to the
current market value of the property less any portion of the value
attributable to expenditures of non-CDBG funds for the acquisition
of, or improvement to, the property. The payment shall be
considered Program Income to the Grantee.
11. SUSPENSION AND TERMINATION
In the event the Subgrantee materially fails to comply with any term of the
Agreement, the Grantee may suspend or terminate, in whole or in part, this
Agreement or take other remedial action in accordance with 24 CFR 85.43.
The Agreement may be terminated for convenience in accordance with 24
CFR 85.44.
12. COMPLIANCE WITH FEDERAL REGULATIONS
The Subgrantee agrees to abide by the HUD conditions for CDBG programs
as set forth in Attachment C and all other applicable federal regulations
relating to specific programs performed hereunder. Further, the Subgrantee
agrees to require compliance with applicable federal regulations of the
contractor by agreement.
13. OTHER PROGRAM/PROJECT REQUIREMENTS
In addition to other requirements set forth herein, the Subgrantee shall
likewise comply with the applicable provisions ofSubpart K of 24 CFR 570,
in accordance with the type of project assisted. Such other requirements
include, but are not necessarily limited to, the following.
Prooertv standards and lead-based paint -- All housing assisted shall
meet the Statewide Building Code and the lead-based paint
requirements in 24 CFR 570.608. In accordance with regulations, the
Page 5 of 19 Pages
Subgrantee shall adhere to lead-based paint abatement practices, as
applicable, and in no case shall use lead-based paint in the
construction or rehabilitation of the properties assisted under this
Agreement.
Section 109 -- In accordance with Section 109 of the Housing and
Community Development Act of 1974 (42 U.S.C. 3535(d)), no person in
the United States shall on grounds of race, color, religion, sex or
national origin be excluded from participation in, denied the benefits
of, or subjected to discrimination under any program or activity funded
in whole or in part with funds available under this Agreement. (See
also Attachment C.)
Conditions for reliqious orqanizations -- The Subgrantee shall not grant
or loan any CDBG funds to primarily religious organizations for any
activity including secular activities. In addition, funds may not be used
to rehabilitate or construct housing owned by primarily religious
organizations or to assist primarily religious organizations in acquiring
housing. In particular, there shall be no religious or membership
criteria for homeowners to be assisted under this Agreement.
Labor standards -- As herein structured, the program covered by this
Agreement is not considered subject to federal Labor Standards,
including prevailing (Davis-Bacon) wage rates for non-volunteer labor.
Environmental standards -- In accordance with 24 CFR 570.604, the
activities under this Agreement are subject to environmental review
requirements. Such requirements may include, but are not necessarily
limited to, historic significance, floodplain, and hazardous sites. The
Grantee has performed the tiered review necessary to initiate the
preliminary program activities; however, no CDBG funds may be
expended for a given property prior to the Subgrantee's completing its
individual property review, any required remedial actions and the
required Subgrantee environmental checklist, which must include all
compliance categories specified by HUD and the Grantee. All
specifications for proposed housing rehabilitation under this
Agreement will be submitted to the Grantee's Department of
Management and Budget for review as to compliance with Section 106
of the National Historic Preservation Act. The results of this historic
review shall be reflected in the Subgrantee's environmental checklist.
Displacement and relocation -- In accordance with 24 CFR 570.606, the
Subgrantee shall take all reasonable steps to minimize displacement as
a result of the activities described in section 1. Any persons displaced
as a result of the activities under this Agreement shall be provided
relocation assistance to the extent permitted and required under
applicable regulations.
Page 6 of 1 9 Pages
Employment and contracting opportunities -- In accordance with 24
CFR 570.607, the activities under this Agreement are subject to the
requirements of Executive Order 11246, as amended, and Section 3 of
the Housing and Urban Development Act of 1968. The former
prohibits discrimination on federally-assisted construction contracts
and requires contractors to take affirmative action regarding
employment actions. The latter provides that, to the greatest extent
feasible and consistent with federal, state and local laws, employment
and other economic opportunities arising housing rehabilitation,
housing construction and public construction projects shall be given to
Iow- and very-low-income persons. (See also Attachment C.)
Debarment and suspension -- In accordance with 24 CFR 24, the
Subgrantee shall not employ or otherwise engage any debarred,
suspended, or ineligible contractors or subcontractors to conduct any
activities under this Agreement. The Subgrantee will consult
appropriate references, including, but not limited to, the Excluded
Parties Listing Service website at http.'//ep/$.arnet, gov, to ascertain the
status of any third parties prior to engaging their services. The
Subgrantee will submit to the Grantee's Department of Management
and Budget the names of contractors and subcontractors selected
under this Agreement, including a certification by the Subgrantee that
it has determined that none of these entities are presently debarred,
suspended, or ineligible.
Uniform administrative requirements -- The Subgrantee shall comply
with the requirements and standards set forth in 24 CFR 570.502, and
all applicable CDBG and other federal regulations pertaining to the
activities performed under this Agreement.
Conflict of interest -- In accordance with 24 CFR 570.611, no covered
individual who exercises any functions or responsibilities with respect
to the program, during his tenure or for one (1) year thereafter, shall
have any interest, direct or indirect, in any contract or subcontract, or
the proceeds thereof, for work to be performed in connection with the
program assisted under this Agreement. The Subgrantee shall
incorporate, or cause to be incorporated, in any contracts or
subcontracts pursuant to this Agreement a provision prohibiting such
interest pursuant to the purposes of this section.
14. EQUAL EMPLOYMENT OPPORTUNITY
Non-Discrimination: During the performance of this Agreement, the
Subgrantee agrees as follows:
a. The Subgrantee will not discriminate against any employee or applicant
Page 7 of 1 9 Pages
for employment because of race, religion, color, sex, national origin,
age, disability, or any other basis prohibited by state law relating to
discrimination in employment, except where there is a bona fide
occupational qualification reasonably necessary to the normal
operation of the Subgrantee. The Subgrantee agrees to post in
conspicuous places, available to employees and applicants for
employment, notices setting forth the provisions of this
nondiscrimination clause.
The Subgrantee, in all solicitations or advertisements for employees
placed by or on behalf of the Subgrantee, will state that such
Subgrantee is an equal opportunity employer.
Notices, advertisement and solicitations placed in accordance with
federal law, rule or regulation shall be deemed sufficient for the
purpose of meeting the requirements of this section.
The Subgrantee will include the provisions of the foregoing subsections
(a), (b) and (c) in every contract or purchase order of over ten thousand
dollars and no cents ($10,000.00) so that the provisions will be binding
upon each contractor or vendor.
1 5. DRUG-FREE WORKPLACE
The Subgrantee will: (i) provide a drug-free workplace for the Subgrantee's
employees; (ii) post in conspicuous places, available to employees and
applicants for employment, a statement notifying employees that the
unlawful manufacture, sale, distribution, dispensation, possession, or use of
a controlled substance or marijuana is prohibited in the Subgrantee's
workplace and specifying the actions that will be taken against employees
for violations of such prohibition; (iii) state in all solicitations or
advertisements for employees placed by or on behalf of the Subgrantee that
the Subgrantee maintains a drug-free workplace; and (iv) include the
provisions of the foregoing clauses in every subcontract or purchase order
of over ten thousand dollars and no cents ($10,000.00), so that the
provisions will be binding upon each subcontractor or vendor. For the
purposes of this subsection, "drug-free workplace" means a site for the
performance of work done in connection with this contract.
16. FAITH-BASED ORGANIZATIONS
Pursuant to §2.2-4343.1 of the Code of Virqinia (1950), as amended, the
City of Roanoke does not discriminate against faith-based orqanizations.
1 7. THIRD-PARTY CONTRACTS
The Grantee shall not be obligated or liable hereunder to any party other
Page 8 of' 1 9 Pages
than the Subgrantee.
! 8. INDEMNIFICATION
The Subgrantee agrees and binds itself and its successors and assigns to
indemnifi/, keep and hold the Grantee and its officers, employees, agents,
volunteers and representatives free and harmless from any liability on
account of any injury or damage of any type to any person or property
growing out of or directly or indirectly resulting from any act or omission of
the Subgrantee including: (a) the Subgrantee's use of the streets or
sidewalks of the Grantee or other public property; (b) the performance
under this Agreement~ (c) the exercise of any right or privilege granted by or
under this Agreement~ or (d) the failure, refusal or neglect of the Subgrantee
to perform any duty imposed upon or assumed by Subgrantee by or under
this Agreement. In the event that any suit or proceeding shall be brought
against the Grantee or any of its officers, employees, agents, volunteers or
representatives at law or in equity, either independently or]ointlywith the
Subgrantee on account thereof, the Subgrantee, upon notice given to it by
the Grantee or any of its officers, employees, agents, volunteers or
representatives, will pay all costs of defending the Grantee or any of its
officers, employees, agents, volunteers or representatives in any such action
or other proceeding. In the event of any settlement or any final judgement
being awarded against the Grantee or any of its officers, employees, agents~
volunteers or representatives, either independently or jointly with the
Subgrantee, then the Subgrantee will pay such settlement or]udgement in
full or will comply with such decree, pay all costs and expenses of
whatsoever nature and hold the Grantee or any of its officers, employees,
agents, volunteers or representatives harmless therefrom.
19. INDEPENDENT CONTRACTOR
Services performed under this agreement shall be performed on an
independent contractor basis and under no circumstances shall this
Agreement be construed as establishing an employee/employer
relationship. The Subgrantee shall be completely responsible for its
activities in performing services hereunder.
20. SUCCESSORS
This Agreement shall be binding upon each of the parties, and their assigns,
purchasers, trustees, and successors.
2 ]. ENTIRE AGREEMENT
This Agreement, including all of its Attachments, represents the entire
agreement between the parties and shall not be modified, amended, altered
or changed, except by written agreement executed by the parties.
Page 9 of 1 9 Pages
22. AMENDMENTS
The Grantee may, from time to time, require changes in the obligations of
the Subgrantee hereunder, or its City Council may appropriate further funds
for the implementation of this HOME rehabilitation project. In such event or
events, such changes which are mutually agreed upon by and between the
Grantee and the Subgrantee shall be incorporated by written amendment to
this Agreement.
23. GOVERNING LAW
This Agreement shall be governed by laws of the Commonwealth of Virginia.
24. AVAILABILITY OF FUNDS
CDBG funding to be made available by the Grantee under this Agreement is
contingent upon necessary appropriations by the U.S. Congress. In the
event that sufficient funds are not appropriated, at the sole discretion of
the Grantee, this Agreement may be terminated in whole or in part.
25. ANTI-LOBBYING
To the best of the Subgrantee's knowledge and belief, no federal
appropriated funds have been paid or will be paid, by or on behalf of it, to
any persons for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of
any Federal contract, grant, loan, or cooperative agreement. If any funds
other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with this Agreement,
the Subgrantee will complete and submit Standard Form-LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
day and year hereinabove written:
A~-I-EST:
FOR THE GRANTEE:
By ................................. By ....................................
Page 1 0 of 1 9 Pages
Mary F. Parker, City Clerk Darlene L. Burcham, City Manager
ATTEST: FOR THE SUBGRANTEE:
APPROVED AS TO CDBG ELIGIBILITY
APPROVED AS TO FORM
Department of Management and Budget
Assistant City Attorney
APPROVED AS TO EXECUTION
APPROPRIATION AND FUNDS
FOR THIS CONTRACT CERTIFIED
Assistant City Attorney
Director of Finance
Account #
Page 11 of 19 Pages
Attachments
Attachment A - Housing/Beneficiary Reporting Elements
Attachment B - Housing/Beneficiary Demographics Report
Attachment C - Special Federal Terms and Conditions
Page 1 2 of 1 9 Pages
Attachment A
Housing/Beneficiary Reporting Elements
On a monthly basis, the Subgrantee shall provide a narrative report to the Grantee summarizing
progress on the project to-date. Accompanying the narrative, the Subgrantee shall submit data in a
table or spreadsheet format that is needed in order that the Grantee may complete its required reports
to HUD. Data provided by the Subgrantee shall be cttmulative to date and include:
Property
-- Address
-- Number of bedrooms
-- Status (pending, under construction, completed or sold)
Homeowner
Name
-- Total family income (projected for 12 months following determination)
-- Number in family
-- Whether head of household is disabled
CDBG funds committed to property
Prime Contractor (if applicable)
-- Name
-- Federal I.D. Number (or Owner Social Security Number)
-- Whether Minority-Owned, Women-Owned or Both
-- CDBG funds committed to Prime
Subcontractor (if applicable; provide separate data for each subcontractor)
-- Name
-- Federal I.D. Number (or Owner Social Security Number)
-- Whether Minority-Owned, Women-Owned or Both
-- CDBG funds committed to Subcontractor
Page 1 3 of 1 9 Pages
Altachment B
Housing/Beneficiary Demographics Report
Also accompanying the monthly narrative report and the reporting elements given in Attachment A,
the Subgrantee shall provide the demographics report in the format provided below.
DIRECT BENEFICIARY REPORT
5
6
1 Counts by:
2 # of New Participants this Period (if applicable):
3 TOTAL # BENEFITING FROM ACTIVITY:
(Beginning 07/01/04 - Ending 06/30/05)
RACIAL INFORMATION (cumulative to date)
White:
Program / Activity Name Reporting Period
Households or Persons? (Check the one that applies.)
Black/African American:
Asian:
American Indian / Alaskan Native:
Native Hawaiian / Other Pacific Islander:
American Indian / Alaskan Native & White:
Asian & White:
Black/African American & White:
Am. Indian/Alaskan Native & Black/African Am.:
Other Multi-Raciah
TOTAL:
# - FEMALE HEAD OF HOUSEHOLD:
INCOME INFORMATION (cumulative to date)
< 80% of Median (Low Income Limit)
< 50% of Median (Very Low Income)
< 30% of Median
(cumulative to date
# TOTAL # HISPANIC
#TOTAL
(cumulative to date
TOTAL:
Prepared by:
Revised 0356/2004
Date Prepared:
Page 14 of 19 Pages
Attachment C
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
SPECIAL TERMS AND CONDITIONS
(Agreements $10,000 or Over)
"Section 3" Compliance -- Provision of Training, Employment and Business
Opportunities:
The work to be performed under this contract is on a project assisted under a program
providing direct Federal financial assistance from the Department of Housing and
Urban Development and is subject to the requirements of Section 3 of the Housing and
Urban Development Act of 1968, as amended, 12 U.S.C. 170. Section 3 requires that
to the greatest extent feasible opportunities for training and employment be given lower
income residents of the project area and contracts for work in connection with the
project be awarded to business concerns which are located in, or owned in substantial
part by persons residing in the area of the project.
bo
The parties to this contract will comply with the provisions of said Section 3 and the
regulations issued pursuant thereto by the Secretary of Housing and Urban
Development set forth in 24 CFR 135, and all applicable rules and orders of the
Department issued thereunder prior to the execution of this contract. The parties to this
contract certify and agree that they are under no contractual or other disability which
would prevent them from complying with these requirements.
The Subgrantee will send to each labor organization or representative of workers with
which he has a collective bargaining agreement or other contract or understanding, if
any, a notice advising the said labor organization or workers' representative of his
commitments under this Section 3 clause and shall post copies of the notice in
conspicuous places available to employees and applicants for employment or training.
The Subgrantee will include this Section 3 clause in every subcontract for work in
connection with the project and will, at the direction of the applicant for or recipient of
Federal financial assistance, take appropriate action pursuant to the subcontract upon a
finding that the contractor is in violation of regulations issued by the Secretary of
Housing and Urban Development 24 CFR Part 135. The Subgrantee will not
subcontract with any contractor where it has notice or knowledge that the latter has
been found in violation of regulations under 24 CFR part 135 and will not let any
subcontract unless the contractor has first provided it with a preliminary statement of
ability to comply with the requirements of these regulations.
Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part
135, and all applicable rules and orders of the Department issued hereunder prior to the
execution of the contract, shall be a condition of the federal financial assistance
provided to the project, binding upon the applicant or recipient for such assistance, its
Page 1 5 of 1 9 Pages
successor and assigns. Failure to fulfill these requirements shall subject the applicant
or recipient, its Subgrantees and contractors, its successors and assigns to those
sanctions specified by the grant or loan agreement or contract through which Federal
assistance is provided, and to such sanctions as are specified by 24 CFR Part 135.
Equal Employment Opportunity: Contracts subiect to Executive Order 11246, as
amended: Such contracts shall be subject to HUD Equal Employment Opportunity
regulations at 24 CFR Part 130 applicable to HUD-assisted construction contracts.
The Subgrantee shall cause or require to be inserted in full in any non-exempt contract and
subcontract for construction work, or modification thereof as defined in said regulations,
which is paid for in whole or in part with assistance provided under this Agreement, the
following equal opportunity clause: "During the performance of this contract, the Subgrantee
agrees as follows:
The Subgrantee will not discriminate against any employee or applicant for
employment because of race, color, religion, sex or national origin. The Subgrantee
will take affirmative action to ensure that applicants are employed and that employees
are treated during employment without regard to their race, color, religion, sex or
national origin. Such action shall include, but not be limited to, the following:
employment, upgrading, demotion or transfer; recruitment or recruitment advertising;
layoffor termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. The Subgrantee agrees to post in conspicuous
places available to employees and applicants for employment, notices to be provided by
the contracting officer setting forth the provisions of this nondiscrimination clause.
The Subgrantee will, in all solicitations or advertisements for employees placed by or
on behalf of the Subgrantee, state that all qualified applicants will receive consideration
for employment without regard to race, color, religion, sex or national origin.
The Subgrantee will send to each labor union or representative of workers with which
he has a collective bargaining agreement or other contract or understanding, a notice to
be provided by the Contract Compliance Officer advising the said labor union or
workers' representatives of the Subgrantee's commitment under this section and shall
post copies of the notice in conspicuous places available to employees and applicants
for employment.
The Subgrantee will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations and relevant orders of the Secretary
o f Labor.
The Subgrantee will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by the rules, regulations and orders of the Secretary
of Labor, or pursuant thereto, and will permit access to his books, records and accounts
by the Department and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations and orders.
Page 1 6 of 1 g Pages
In the event of the Subgrantee's noncompliance with the nondiscrimination clauses of
this contract or with any of such roles, regulations or orders, this contract may be
canceled, terminated or suspended in whole or in part, and the Subgrantee may be
declared ineligible for further Government contracts or Federally-assisted construction
contract procedures authorized in Executive Order 11246 of September 24, 1965, or by
rule, regulation or order of the Secretary of Labor, or as otherwise provided by law.
The Subgrantee will include the portion of the sentence immediately preceding
paragraph (A) and the provisions of paragraphs (A) through (G) in every subcontract or
purchase order unless exempted by rules, regulations or orders of the Secretary of
Labor issued pursuant to Section 204 of Executive Order 11246 of September 24,
1965, so that such provisions will be binding upon each contractor or vendor. The
Subgrantee will take such action with respect to any subcontract or purchase order as
the Department may direct as a means of enforcing such provisions, including
sanctions for noncompliance; provided, however, that in the event a Subgrantee
becomes involved in or is threatened with litigation with a contractor or vendor as a
result of such direction by the Department, the Subgrantee may request the United
States to enter into such litigation to protect the interest of the United States."
The Subgrantee further agrees that it will be bound by the above equal opportunity clause
with respect to its own employment practices when it participates in Federally-assisted
construction work; provided, that if the Subgrantee so participating is a State or local
government, the above equal opportunity clause is not applicable to any agency,
instrumentality or subdivision of such government which does not participate in work on or
under the contract. The Subgrantee agrees that it will assist and cooperate actively with the
Department and the Secretary of Labor in obtaining the compliance of Subgrantees and
contractors with the equal opportunity clause and the rules, regulations and relevant orders of
the Secretary of Labor; that it will furnish the Department and the Secretary of Labor such
compliance; and that it will otherwise assist the Department in the discharge of its primary
responsibility for securing compliance.
The Subgrantee further agrees that it will refrain from entering into any contract or contract
modification subject to Executive Order 11246 of September 24, 1965, with a Subgrantee
debarred from, or who has not demonstrated eligibility for Government contracts and
Federally-assisted construction contracts pursuant to the Executive Order and will carry out
such sanctions and penalties for violation of the equal opportunity clause as may be imposed
upon Subgrantees and contractors by the Department or the Secretary of Labor pursuant to
Part 1I, Subpart D, of the Executive Order. In addition, the Subgrantee agrees that if it fails
or refuses to comply with these undertakings, the Department may take any or all of the
following actions: cancel, terminate or suspend in whole or in part the grant or loan
guarantee; refrain from extending any further assistance to the Subgrantee under the Program
with respect to which the failure or refusal occurred until satisfactory assurance of future
compliance has been received from such Subgrantee; and refer the cause to the Department
of Justice for appropriate legal proceedings.
Page 1 7 of 1 g Pages
Nondiscrimination Under Title VI of the Civil Rights Act of 1964: This Agreement is
subject to the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and
HUD regulations with respect thereto, including the regulations under 24 CFR Part 1. In the
sale, lease or other transfer of land acquired, cleared or improved with assistance provided
under this Agreement, the Subgrantee shall cause or require a covenant running with the land
to be inserted in the deed or lease for such transfer, prohibiting discrimination upon the basis
or race, color, religion, sex or national origin, in the sale, lease or rental, or in the use of
occupancy of such land or any improvements erected or to be erected thereon, and providing
that the Subgrantee and the United States are beneficiaries of and entitled to enforce such
covenant. The Subgrantee, in undertaking its obligation in carrying out the program assisted
hereunder, agrees to take such measures as are necessary to enforce such covenant and will
not itself so discriminate.
Section 504 and Americans with Disabilities Act:
The Subgrantee agrees to comply with any federal regulation issued pursuant to compliance
with the Section 504 of the Rehabilitation Act of 1973, as amended, and the Americans with
Disabilities Act, which prohibit discrimination against the disabled in any federal assisted
program.
Obligations of Subgrantee with Respect to Certain Third-party Relationships: The
Subgrantee shall remain fully obligated under the provisions of the Agreement,
notwithstanding its designation of any third party or parties for the undertaking of all or any
part of the program with respect to which assistance is being provided under this Agreement
to thc Subgrantee. Any Subgrantee which is not the Applicant shall comply with all lawful
requirements of the Applicant necessary to insure that the program, with respect to which
assistance is being provided under this Agreement to the Subgrantee is carded out in
accordance with the Applicant's Assurances and certifications, including those with respect
to the assumption of environmental responsibilities of the Applicant under Section 104(h) of
the Housing and Community Development Act of 1974.
Interest of Certain Federal Officials: No member of or delegate to the Congress of the
United States, and no Resident Commissioner, shall be admitted to any share or part of this
Agreement or to any benefit to arise from the same.
Prohibition Against Payments of Bonus or Commission: The assistance provided under
this Agreement shall not be used in the payment of any bonus or commission for the purpose
of obtaining HUD approval of the application for such assistance, or HUD approval or
applications for additional assistance, or any other approval or concurrence of HUD required
under this Agreement, Title I of the Housing and Community Development Act of 1974, or
HUD regulations with respect thereto; provided, however, that reasonable fees or bona fide
technical, consultant, managerial or other such services, other than actual solicitation, are not
hereby prohibited if otherwise eligible as program costs.
"Section 109": This Agreement is subject to the requirements of Section 109 of the
Housing and Community Development Act of 1974, 42 U.S.C. 3535(d). No person in the
Page 1 8 of 1 9 Pages
10.
United States shall on the ground of race, color, religion, sex or national origin be excluded
from participation in, be denied the benefits of, or be subjected to discrimination under any
program or activity fimded in whole or in part with funds available under this title.
Access to Records and Site of Employment: This agreement is subject to the requirements
of Executive Order 11246, Executive Order 1375, Civil Rights Act of 1964, as amended.
Access shall be permitted during normal business hours to the premises for the purpose of
conducting on-site compliance reviews and inspecting and copying such books, records,
accounts, and other material as may be relevant tot he matter under investigation and
pertinent to compliance with the Order, and the roles and regulations promulgated pursuant
thereto by the Subgrantee. Information obtained in this manner shall be used only in
connection with the administration of the Order, the administration of the Civil Rights At of
1964 (as amended) and in furtherance of the purpose of the Order and that Act.
Legal Remedies for Contract Violation: If the Subgrantee materially fails to comply with
any term of this Agreement, whether stated in a Federal statute or regulation, an assurance, in
a State plan or application, a notice of award, or elsewhere, the City may take one or more of
the following action, as appropriate in the circumstances:
a. Temporarily withhold cash payments pending correction of the deficiency by the
Subgrantee,
b. Disallow all or part of the cost of the activity or action not in compliance,
c. Wholly or partly suspend or terminate the current Agreement, or
d. Take other remedies that may be legally available.
Page 1 9 of 1 9 Pages
CITY... OF R ANOKE
Office of the City clerk
Mary F. Parker, CMC
City Clerk
November 3, 2004
File #102
Stephanie M. Moon, CMC
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 36891-1].0104 authorizing the City
Manager's issuance and execution of Amendment No. 4 to the City's contract with
Hayes, Seay, Mattern & Mattern, Inc., for additional professional services for the
Downtown North Parking Garage (Gainsboro) and First Street Bridge Project, and
providing for an increase in the amount of the contract of an additional
$].66,570.00.
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday, November 1, 2004, and is in full force
and effect upon its passage.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
Attachment
Darlene L. Burcham
November 3, 2004
Page 2
pc:
Jesse A. Hall, Director of Finance
Rolanda B. Russell, Assistant City Manager for Community Development
Sherman M. Stovall, Director, Office of Management and Budget
Steven J. Chapin, Project Manager, Hayes, Seay, Mattern & Mattern, Inc.,
P. O. Box 13446, Roanoke, Virginia 24034
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1st day of November, 2004.
No. 36891-110104.
A RESOLUTION authorizing the City Manager's issuance and execution of Amendment
No. 4 to the City's contract with Hayes, Seay, Mattem & Mattem, Inc., for additional
professional services: for the Downtown North Parking Garage (Gainsboro) and First Street
Bridge Project.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City Manager is hereby authorized, for and on behalf of the City, to issue and
execute Amendment No. 4 to the City's contract with Hayes, Seay, Mattem & Mattem, Inc., for
additional professional services for the Downtown North Parking Garage (Gainsboro) and First
Street Bridge Project, all as more fully set forth in the City Manager's letter to this Council dated
November 1, 2004.
2. The form of the Amendment shall be approved by the City Attorney.
3. Such Amendment No. 4 will provide authorization for additions to the work, with
an increase in the amount of the contract of an additional $166,570.00, all as set forth in the
above letter.
ATTEST:
City Clerk.
K:~vl eas ures~KES O LUT1ON S~Amendment No. 4 to HSMM Downtown North Parking Garag¢110104.doc
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, $.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
November 1,2004
Honorable C. Nelson Harris, Mayor
Honorable Beverly T. Fitzpatrick, Jr., Vice Mayor
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Council Member
Honorable Sherman P. Lea, Council Member
Honorable Brenda L. McDaniel, Council Member
Honorable Brian J. Wishneff, Council Member
Dear Mayor Harris and Members of Council:
Subject: First Street Bridge-Design
Contract Amendment
Background:
Council awarded a contract on December 6, 1999 to Hayes, Seay, Mattern
& Mattern, Inc. (HSMM) for the design of the Downtown North Parking
Garage (Gainsboro) and the First Street Bridge. Three amendments to the
contract have been executed for additional design services. The original
contract was for $560,000.00 and the three amendments totaled
$139,997.00.
City staff provided a briefing to City Council on September 7, 2004,
outlining four alternatives for the First Street Bridge. Each option was
discussed in detail and the Council selected Alternative B which provided
for the complete rehabilitation of the existing First Street Bridge structure
as a pedestrian only facility. The selected alternative requires dismantling
the bridge, repairing or replacing deteriorated parts and re-erecting the
rehabilitated bridge. The structure will be improved with some modern
materials to improve its capacity to carry pedestrian loads without
limitation. The selected alternative is estimated to have a total project
cost of $2.2 million.
As previously noted approximately $2.0 million in existing project funding
is available. Staff expects that additional funding of approximately
$200,000 will be needed for the project. However, given the nature of the
proposed rehabilitation project, costs will be better defined once the
detailed project plans and specifications are completed. Staff will request
additional funding at the completion of the engineering design.
The Honorable Mayor and Members of Council
November 1,2004
Page 2
The selected alternative requires a new set of construction plans and
specifications to be developed. Previous design work completed for a
replacement bridge cannot be used for the selected alternative.
Throughout the different stages of the project no design has taken place
for a rehabilitated existing structure. The existing bridge needs to have an
inspection performed with detailed evaluation of the existing bridge parts.
This will determine what parts need to be rehabilitated or replaced. Many
of the parts have experienced extensive corrosion over the years and will
need to be replaced. Incorporation of the Dr. Martin Luther King, Jr.
enhancements will be taken into consideration as a part of the
rehabilitation design.
Staff considered the option of hiring a new design consultant since the
proposed bridge rehabilitation plan requires an entirely new design.
However, after considering the time required for the professional services
selection process, likely increased design costs, and the benefit of the
current consultant's knowledge of the project, staff recommends retaining
the current consultant.
The total project estimate of $2.2 million included the cost to prepare new
plans and specifications. City staff has negotiated a contract amendment
for the necessary design for the repair and rehabilitation project in the
amount of $166,570. City Council approval of the contract amendment is
necessary because the amendment exceeds 25% of the initial contract
value.
Funding in the amount of $166,570.00 is available in account number
008-052-9574-First Street Pedestrian Bridge.
Recommended Action:
Authorize the City Manager to execute Amendment No. 4 for the above
additional services for First Street Bridge with Hayes, Seay, Mattern &
Mattern, Inc. in the amount of $166,570.00.
Res~pectfully s~ub~itted,
Darlene I_. Bu~l~am
City Manager
DLB:JGB:dps
C:
William M. Hackworth, City Attorney
Mary F. Parker, City Clerk
Jesse A. Hall, Director of Finance
CM04-O0188
JESSE A. HALL
Director of Finnnce
email: j esse_hall~ci.roanoke.vn.us
November 1,2004
CITY OF ROANOKE
DEPARTMENT OF FINANCE
215 Church Avenue, S.W., Room 461
P.O. Box 1220
Roanoke, Virginia 24006-1220
Telephone: (540) 853-2821
Fax: (540) 853-6142
ANN H. SHAWVER
Deputy Director
Honorable C. Nelson Harris, Mayor
Honorable Beverly T. Fitzpatrick, Jr., Vice Mayor
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Sherman P. Lea, Council Member
Honorable Brenda L. McDaniel, Council Member
Honorable Brian J. Wishneff Council Member
Dear Mayor Harris and Members of City Council:
Subject: September Financial Report
The following narrative provides commentary on the significant events of this first fiscal quarter.
Revenues
Revenues through September FY05 increased 15.05% compared to FY04. Since the adopted budget anticipates
3.4% growth over the previous year, the majority of the growth year-to-date is due to timing differences in the
collection of revenues. Categories with significant variances from the prior year are discussed as follows.
General Property Taxes increased in fiscal year 2005 due to an increase in collection of real estate tax through
September. The City Treasurer's office has been able to more rapidly process the real estate tax payments in
FY05 due in part to the fact that most citizen utility payments are now processed by the Water Authority as
opposed to the Treasurer's Office. The first installment of the real estate tax was due October 5th. The tax is
expected to grow 6.6% as a whole in FY 2005.
Other Local Taxes are higher in fiscal year 2005 primarily due to the earlier collection of the electric utility tax from
AEP. This tax is due to the City at the end of each month, but in some months, payment is not received until the
early days of the following month. E-911 taxes grew due to an increase in the rate which became effective
November 1,2003.
Fines and Forfeitures grew 12% compared to FY04 due to increased parking ticket revenues and as the result of
fines which are new in FY05. These are from police and fire false alarm fees, adopted by the City during FY04.
Revenue from the use of Money and Property declined due to a timing difference in the quarterly billing for the
rental of space by the health department. Interest earnings have also declined due to a decrease in cash balances
of the General Fund.
Charges for Services increased as a result of increased revenues from the housing of federal prisoners. This
partially due to an increase in volume of prisoners, but it is also impacted by the timing of receipt of payments.
Miscellaneous Revenue increased in the current year due to an increase in donations and other nonrecurring
revenues.
Honorable Mayor and Members of Council
November 1,2004
Page 2
Internal Services increased due to a change in accounting between FY04 and FY05 for School Comprehensive
Services Act (CSA) and School Resource Officer billings. In prior years, the school share of CSA costs were
deducted from the transfer to schools. The School Resource Officers were previously direct expenses of the
schools. The resource officers are now accounted for in the City's Police Department and are billed by the
General Fund to the Schools.
Expenditures
The FY05 expenditure budget includes funding of nearly $1.8 million to cover contracts and purchase orders made
during FY04 but not paid by the end of that year. City Council approved re-appropriation of this funding when
adopting the General Fund budget in May.
General Fund expenditures declined .53%. All departments are affected by the fact that City employees received
an average pay raise of 3.0% on July 1,2004. Also, there have been six payrolls on a year to date basis in fiscal
year 2005, while there were seven payrolls through the same period of fiscal year 2004. The decrease in the
number of payrolls causes most departments' expenditures to decline in total in the current year. Other than these
items which affect most categories of expenditures, variances between FY04 and FY05 are addressed as follows.
Public Works costs are higher in the current year due to an increase in the Paving Program encumbrances.
The Transfer to School Fund increased as budgeted and is also impacted by the aforementioned change in
accounting for School CSA costs.
The Transfer to School Capital Projects Fund in FY04 resulted from an appropriation of fund balances relative
to CMERP for school construction and renovation costs. There has been no similar transfer in FY05.
Nondepartmental expenditures increased due a net decline in transfers to other funds of the City. Transfers to
the Capital Projects and Fleet Management Funds declined as a result of smaller CMERP transfers in FY05 than
FY04. Conversely, the transfers to the Department of Technology Fund increased in FY05 due to an increase in
General Fund support for system replacement projects. The transfer to Risk Management was made in
September in FY05 but not made until closer to mid-year of FY04.
Sincerely,
Jesse A. Hall
Director of Finance
JAH:ca
Attachments
Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Mary F. Parker, City Clerk
Sherman M. Stovall, Director of Management and Budget
CITY OF ROANOKE, VIRGINIA
SUMMARY OF CITY MANAGER TRANSFERS
AND AVAILABLE CONTINGENCY
SEPTEMBER 30, 2004
Transfer
Number Date Explanation
General Fund:
Records Management
CMT-929 08/03/04 Automation Program
From
Residual Fringe
Benefits
Residual Fringe
CMT-948 09/02/04 VISSTA Benefits
CMT-948
Electronic Transfer of Real Estate Residual Fringe
09/02/04 Deed Recordings Benefits
T._~o Amount
Police Services $ 56,101
VISSTA 5,660
Commissioner of the Revenue 7,400
TotaIGeneral Fund $ 69,161
Available Continqenc¥
Balance of Contingency at July 1,2004
$ 865,465
Contingency Transfers:
Virginia Museum of
CMT-930 08/04/04 Transportation
Contingency
Roanoke Arts Commission (22,000)
CMT-955 09/17/04 Litigation Costs
Contingency
Economic Development (55,000)
Available Contingency at September 30, 2004 $ 788,465
Notes:
Under City Code section 2-121, the City Manager has authority to make transfers up to $75,000 between departments,
and to make transfers of any amount within departments. The scope of this report is limited to interdepartment transfem
that are $10,000 or greater.
CITY OF ROANOKE. VIRGINIA
GENERAL FUND
STATEMENT OF REVENUE
Year to Date for the Period
July I - September 30 July I - September 30
Revenue Source 2003-2004 2004-2005
General Property Taxes $ 15,907,337 $ 18,662,843
Other Local Taxes 6,645,647 7,656,356
Permits, Fees and Licenses 297,560 319,362
Fines and Forfeitures 310,706 348,212
Revenue from Use of Money and Property 113,782 65,969
Grants-in-Aid Commonwealth 5,289,898 5,599,317
Grants-in-Aid Federal Government
Cha~ges for Services 1,921,789 2,160,694
Miscellaneous Revenue 105,235 153,383
Internal Services 162,469 416,522
Total $ 301754r423 $ 351382r658
Current Fiscal Year
Revised Revenue
Percentage Revenue Estimate
of Change Estimates Received
17,32 % $ 87,491,000 21.33%
15.21% 62,631,000 12.22%
7.33 % 1,112,000 28.72%
12.07 % 1,321,000 2636%
-4202 % 735,000 898%
585 % 47,780,691 11~72%
0,00 % 34,000 0.00%
12.43 % 8,115,000 26.63%
45.75 % 334,484 45.86%
156.37 % 2r730~000 15.26%
15.05 % $ 2121284~175 16.67%
STATEMENT OF EXPENDITURES AND ENCUMBRANCES
Expenditures
General Government $ 3,065,641
Judicial Administration 1,533,019
Public Safety 15,330,961
Public Works 6,545,816
Health and Welfare 7,347,748
Parks, Recreation and
Cultural 2,633,676
Community Development 1,714,838
Transfer to Debt Service
Fund 10,267,097
Transfer to School Fund 12,222,362
Transfer to School Capital
Projects Fund 1,025,630
Nondepa~tmentsl 3~ 179~730
Total $ 64,866,518
Year to Date for the Period
July I. September 30 July I. September 30
2003.2004 2004.2005
Percentage Unencumbered
of Change Balance
2,748,196 -10.35 % $ 8,917,134
1,360,383 -11.26 % 5,558,576
14~463,457 -5.66 % 37,871,708
8,023,219 22.57 % 14,663,565
6,752,913 -7.69 % 23,365,846
2,340,514 -11.13 % 6,342,319
1,639,244 -4.41% 4,125,377
10,910,339 6.27 % 3,972,952
13,407,942 9.70 % 38,917,444
64~524r788 -0.53 % $ 151~5831025
Current Fiscal Year
Percent of
Revised Budget
Appropriations Obligated
$ 11,665,330 23.56%
6,918,959 19.66%
52,336,165 27.64%
22,686,784 35.37%
30,148,759 22.50%
8,682,833 26.96%
5,767,621 28,42%
14,883,291 73.31%
52,325,386 25.62%
0.00%
10~693~685 26.64%
$ 216~107r813 29.86%
CITY OF ROANOKE, VIRGINIA
SCHOOL FUND STATEMENT OF REVENUE
Revenue Source
State Sales Tax
Grants-in-Aid Commonwealth
Grants-in-Aid Federal Government
Charges for Services
Transfer from General Fund
Total
Year to Date for the Period
Current Fiscal Year
Revised
July 1 - Sept 30 July I - Sept 30 Percentage Revenue
2003-2004 2004-2006 of Change Estimates
$ 814,840 $ 803,950 -1.34 % $ 10,995,555
9,217,618 11,194,398 21,45 % 51,526,081
32,678 8,476 -74.06 % 120,899
266,442 79,040 -70.34 % 2,611,116
12~222,362 13,407,942 9,70 % 52,325,386
$ 22,653,940 $ 25,493,806 13.03 % $ 117,579,037
Percent of
Revenue
Estimate
Received
7.31%
21.73 %
7.01%
3.03 %
25.62 %
21.68 %
SCHOOL FUND STATEMENT OF EXPENDITURES AND ENCUMBRANCES
Year to Date for the Period
Current Fiscal Year
July I - Sept 30 July I - Sept 30 Percentage
Expenditures 2003-2004 2004-2005 of Change
Instruction $ 11,415,013 $ 13,425,125
General Support 959,451 1,186,115
Transportation 727,116 759,137
Operation and
Maintenance of Plant 3,143,155 3,737,830
Facilities 2,019,607 1,336,704
Other Uses of Funds 6,129~307 5r886,512
Total $ 24,403,649 $ 26,331,423
Unencumbered
Balance
17.61% $ 73,565,726
22.35% 3,637,348
4.40% 3,964,685
18.92% 8,344,079
-33,81% 1,246,668
-3.96 % 2,795,840
7.90 % $ 93,654,346
Percent of
Revised Budget
Appropriations Obligated
$ 86,990,851 15.43 %
4,823,463 24.59 %
4,723,822 1607 %
12,081,909 30.94 %
2,583,372 51.74 %
8~682,352 67.80 %
$ 119,885,769 21.96 %
CITY OF ROANOKE, VIRGINIA
CIVIC FACILITIES FUND
COMPARATIVE INCOME STATEMENT
FOR THE THREE MONTHS ENDING SEPTEMBER 30, 2004
FY 2005
Operating Revenues
Rentals
Event Expenses
Display Advertising
Admissions Tax
Electrical Fees
Novelty Fees
Facility Sumharge
Charge Card Fees
Marketing Promotions
Commissions
Catering/Concessions
Other
$ 120,319
28,827
10,335
109,998
1,466
33,222
50,988
30,156
7,927
26,521
154,360
1,761
Total Operating Revenues
575,880
Operating Expenses
Personal Services
Operating Expenses
Depreciation
428,106
376,696
119,661
Total Operating Expenses
924,463
'(348,583)
Operating Loss
Nonoperating Revenues (Expenses)
Interest on Investments
Transfer from Capital Projects Fund
Transfer from General Fund
Transfer from General Fund - Victory Stadium
Transfer to Debt Service Fund
Miscellaneous
5,549
42,324
(48,409)
5,205
Total Nonoperating Revenues
4,669
$ (343,914)
Net Loss
FY 2004
Note: Some FY04 balances are negative due to the reversal of prior year accruals where collections
of revenues related to the accrued amounts had not yet occurred. In FY05, event close-out is
occurring in a more timely manner, resulting in positive account balances.
4
$ (32,318)
(18,176)
2,500
(45,782)
(60)
(91,435)
1,663
(4,624)
(49,308)
(1,430)
(238,970)
455,498
251,517
131,907
838,922
(1,077,892)
6,200
260,000
35,000
11,450
(43,784)
11,852
280,718
$ (797,174)
CITY OF ROANOKE, VIRGINIA
PARKING FUND
COMPARATIVE INCOME STATEMENT
FOR THE THREE MONTHS ENDING SEPTEMBER 30, 2004
Operating Revenues
Century Station Garage
Williamson Road Garage
Gainsboro Surface
Norfolk Ave Surface
Market Square Garage
Church Ave Garage
Tower Garage
Williamson Road Surface Lot
Gainsboro Garage
Other Surface Lots
Total Operating Revenues
Operating Expenses
Operating Expenses
Depreciation
Total Operating Expenses
Operating Income
Nonoperating Revenues (Expenses)
Interest on Investments
Interest and Fiscal Charges
Net Nonoperating Expenses
Net Income
FY 2005
$ 98,217
131,350
12,577
17,482
58,449
150,296
114,678
22,329
26,399
39,639
671,416
198,712
158,960
357,672
313,744
6,244
(80,614)
(74,370)
$ 239,374
FY 2004
$ 99,459
122,529
10,473
15,201
53,756
133,944
103,645
19,157
12,884
31,735
602,783
182,954
135,912
318,866
283,917
(105,635)
(105,635)
$ 178,282
5
CITY OF ROANOKE, VIRGINIA
MARKET BUILDING FUND
COMPARATIVE INCOME STATEMENT
FOR THE THREE MONTHS ENDING SEPTEMBER 30, 2004
Operating Revenues
Retail Space Rental
Total Operating Revenues
Operating Expenses
Operating Expense
Depreciation
Total Operating Expenses
Operating Expenses
Nonoperating Revenues
Interest on Investments
Net Nonoperating Revenues
Net Loss
FY 2005
$ 52,249
52,249
62,817
1,899
64,716
(12,467)
216
216
$ (12,251)
FY 2004
$ 56,663
56,663
78,153
1,899
80,052
(23,389)
766
766
$ (22,623)
6
CITY OF ROANOKE, VIRGINIA
CITY TREASURER'S OFFICE
GENERAL STATEMENT OF ACCOUNTABILITY
FOR THE MONTH ENDED SEPTEMBER 30, 2004
TO THE DIRECTOR OF FINANCE:
GENERAL STATEMENT OF ACCOUNTABILITY OF THE CITY TREASURER OF THE CITY OF ROANOKE, VIRGINIA FOR THE
FUNDS OF SAID CITY FOR THE MONTH ENDED SEPTEMBER 30, 2004.
BALANCE AT BALANCE AT BALANCE AT
FUND AUG 31, 2004 RECEIPTS DISBURSEMENTS SEPT 30, 2004 SEPT 30, 2003
GENERAL
WATER
WATER POLLUTION CONTROL
CIVIC FACILITIES
PARKING
CAPITALPROJECTS
MARKET BUILDING OPERATIONS
CONFERENCE CENTER
DEBT SERVICE
DEPTOFTECHNOLOGY
FLEET MANAGEMENT
PAYROLL
RISK MANAGEMENT
PENSION
SCHOOLFUND
SCHOOLCAPITALPROJECTS
SCHOOLFOODSERVICE
FDETC
GRANT
($8,320,701.92) $28,050,837.19 $15,705,057.27 $4,025,078.00 $2,085,230.16
1,478,090.57 0.00 1,477,670.57 420.00 3,205,009.36
(460,855.15) 462,660.15 66.78 1,738.22 8,813,563.82
1,475,090.52 185,070.83 600,732.23 1,059,429.12 1,013,967.83
860,818.70 210,204.18 340,392.44 730,630.44 (2,585,655.99)
50,333,329.32 106,047.05 535,347.36 49,904,029.01 51,147,932.09
79,239.09 20,793.01 76,773.65 23,258.45 277,595.16
3,814,837.79 152,460.42 15,924.69 3,951,373.52 3,904,177.04
15,061,475.95 28,464.47 6,056,175.62 9,033,764.80 9,663,639.38
3,847,624.41 228,900.79 255,888.26 3,820,636.94 3,794,835.23
(524,681.36) 115,831.26 197,729.67 (606,579.77) 917,533.63
(8,988,677.04) 10,695,715~57 13,926,698.87 (12,219,660.34) (11,722,124.33)
11,759,292.39 957,044.50 963,694.49 11,752,642.40 11,836,244.10
(127,958.65) 2,468,681.68 1,729,903.24 610,819.79 933,782.85
4,242,870.33 6,151,971.01 3,175,890.92 7,218,950.42 12,872,974.02
2,371,415.81 66,739.45 1,444,151.15 994,004.11 8,599,676.40
84,814.66 279,245.07 155,770.19 208,289.54 227,230.50
129.00 0.00 0.00 129.00 (18,894.11 )
39,452.25 1,081,526.37 491,550.54 629,428.08 928,715.29
TOTAL
$77,025,606.67 $51,262,193.00 $47,149,417.94 $81,138,381.73 $105,895,432.43
CERTIFICATE
I HEREBY CERTIFY THAT THE FOREGOING IS A TRUE STATEMENT OF MY ACCOUNTABILITY TO THE CITY OF ROANOKE,
VIRGINIA, FOR THE FUNDS OF THE VARIOUS ACCOUNTS THEREOF FOR THE MONTH ENDED SEPTEMBER 30, 2004.
THAT SAID FOREGOING:
CASH
CASH IN HAND
CASH IN BANK
INVESTMENTS ACQUIRED FROM COMPETITIVE PROPOSALS:
COMMERCIAL HIGH PERFORMANCE MONEY MARKET
COMMERCIAL PAPER
LOCAL GOVERNMENT INVESTMENT POOL
MONEY MANAGEMENT ACCOUNT
REPURCHASE AGREEMENTS
U. S. AGENCIES
VIRGINIA AIM PROGRAM (U. S. SECURITIES)
TOTAL
$25,822.84
2,345,169.84
2,750,000.00
1,490,033.33
15,612,964.73
10,509,996.94
6,000,000.00
16,981,746.39
25,422,647.66
$81,138,381.73
OCTOBER 22, 2004
CITY OF ROANOKE PENSION PLAN
STATEMENT OF CHANGES IN PLAN NET ASSETS
FOR THE THREE MONTHS ENDED SEPTEMBER 30, 2004
Additions:
Employer Contributions
Investment Income
Net Appreciation (Depreciation) in Fair Value of Investments
Interest and Dividend Income
Total Investment Income (Loss)
Less Investment Expense
Net Investment Income (Loss)
Total Additions (Deductions)
FY 2005 FY 2004
$ 1,332,359 $ 1,101,002
(1,138,877) 4,339,353
388,596 369,795
(750,281) 4,709,148
(36,823) 9,050
/713,458) 4,700,098
618,901 $ 5,801,100
Deductions
Benefits Paid to Participants
Administrative Expenses
Total Deductions
Net Increase (Decrease)
Net Assets Held in Trust for Pension Benefits:
Fund Balance July 1
Fund Balance September 30
$ 5,002,439 $ 4,427,882
18,628 (1,460)
5,021,067 4,426,422
(4,402,166) 1,374,678
306,925,352
$302,523,186
283,983,057
$285,367,735
Note: Negative amounts reflect the reversal of accrual accounting entries made for fiscal year-end
financial reporting purposes.
8
CITY OF ROANOKE PENSION PLAN
BALANCE SHEET
SEPTEMBER 30, 2004
Assets
Cash
Investments, at Fair Value
Due from Other Funds
Other Assets
Total Assets
FY 2008
$ 610,816
303,592,523
1,431
6,531
$ 304,211,301
FY 2004
$ 915,216
285,914,436
11590
6,150
$ 286,837,392
Liabilities and Fund Balance
Liabilities:
Due to Other Funds
Accounts Payable
Total Liabilities
Fund Balance:
Fund Balance, July 1
Net Gain (Loss) - Year to Date
Total Fund Balance
Total Liabilities and Fund Balance
$ 1,684,789
3,326
1,688,115
306,925,352
(4,402,166)
302,523,186
$ 304,211,301
$ 1,479,593
64
1,479,657
283,983,057
1,374,678
285,357,735
$ 286,837,392
9
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon, CMC
Deputy City Clerk
Sheiia N. Hartman
Assistant City Clerk
November 3, 2004
File #24-79
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 36892-:[10:[04 amending and reordaining
Division 5. Exemption of Certain Rehabilitated Property, consisting of §§32-93,
through 32-:[0:[, of Chapter 32, Taxation, Code of the City of Roanoke (:[979), as
amended, by amending the eligibility requirements for tax exemption pursuant to
said Division; modifying the restrictions on square footage on commercial and
industrial real property; increasing the application fee when a change in use will
result in additional tax parcel numbers being created; and making certain other
changes to the City's tax exemption program for rehabilitated real property.
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday, November 1, 2004, and is in full force
and effect upon its passage.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
Attachment
Darlene L. Burcham
November 3, 2004
Page 2
pc:
The Honorable Robert P. Doherty, Chief Judge, Twenty-Third Judicial
Circuit of Virginia
The Honorable William D. Broadhurst, Judge, Twenty-Third Judicial Circuit
of Virginia
The Honorable Clifford R. Weckstein, Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable Charles N. Dorsey, Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable James R. Swanson, Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable Julian H. Raney, Jr., Chief Judge, General District Court
The Honorable George W. Harris, Jr., Judge, General District Court
The Honorable Vincent A. Lilley, Judge, General District Court
The Honorable Francis W. Burkart, III, Judge, General District Court
The Honorable Jacqueline F. Ward Talevi,Judge, General District Court
The Honorable John B. Ferguson, Chief Judge, Juvenile and Domestic
Relations District Court
The Honorable Joseph M. Clarke, II, Judge, Juvenile and Domestic
Relations District Court
The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations
District Court
The Honorable Joseph P. Bounds, Judge, Juvenile and Domestic Relations
District Court
Sheila N. Hartman, Assistant City Clerk, (For transmittal by electronic mail
to Municipal Code Corporation)
Municipal Code Corporation, P. O. Box 2235, Tallahassee, Florida 32316
Raymond F. Leven, Public Defender, 210 First Street, S. W., Roanoke,
Virginia 2401!
Ronald S. Albright, Clerk, General District Court
David C. Wells, Clerk, Juvenile and Domestic Relations District Court
Kozuo Webb, Office of the Magistrate
Lora A. Wilson, Law Librarian
The Honorable Evelyn W. Powers, City Treasurer
The Honorable Sherman A. Holland, Commissioner of the Revenue
Jesse A. Hall, Director of Finance
Rolanda B. Russell, Assistant City Manager for Community Development
Martha P. Franklin, Secretary, City Planning Commission
Susan S. Lower, Director, Real Estate Valuation
Karl S. Cooler, Building Commissioner
Philip C. Schirmer, City Engineer
Steven J. Talevi, Assistant City Attorney
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The Itt day of November, 2004.
~o. 36892-110104.
AN ORDINANCE amending and reordaining Division 5. Exemption of Certain
Rehabilitated Property, consisting of §§32-93, through 32-101, of Chapter 32, Taxation,
Code of the City of Roanoke (1979), as amended, by amending the eligibility
requirements for tax exemption pursuant to this Division; modifying the restrictions on
square footage on commercial and industrial real property; increasing the application fee
when a change in use will result in additional tax parcel numbers being created; making
certain other changes to the City's tax exemption program for rehabilitated real property;
and dispensing with the second reading by title paragraph of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke, as follows:
1. Division 5. Exemption of Certain Rehabilitated Property, consisting of
§§32-93, through 32-101, of Chapter 32, Taxation, Code of the City of Roanoke (1979),
is hereby amended and reordained to read and provide as follows:
DIVISION 5.
EXEMPTION OF CERTAIN REHABILITATED REAL PROPERTY
§32-93. Generally; termination of exemption program.
(a) The director of real estate valuation shall, upon application
made and within the limits as hereinafter provided, order exemption of real
property tax on real property substantially rehabilitated for residential use
and on real property substantially rehabilitated for commercial or industrial
use.
K:XMEASUKES\O-AMCHAPTER32TAX~XEMPTIONREHABREALPROPERTYrcvis~d.doc
(b) This division shall terminate and no new applications for
exemption shall be accepted on and after July 1, 2995 2010, unless
reenacted. This provision shall not affect applications filed before that date,
or the continued eligibility for exemption of properties approved before that
date.
(c) As used in this Division, the term substanttal rehabthtatzon
shall include the substantial rehabilitation, renovation, or replacement of
real property.
§32-95. Eligibility of residential real property.
(b) Residential use shall include single-family dwellings,
duplexes, multifamily dwellings units, apa,~..'ncntz and town houses. Any
property, the use of which is partially residential and partially commercial
or industrial, s a ...................... :n ........... a --'- v.~.v ...........
div';a:.on, must meet the eligibility standards for each such applicable use.
The director of real estate valuation shall determine the respective value of
each such use prior to commencement of the substantial renovation.
32-96. Eligibility of commercial or industrial real property.
(a) In order to qualify for the exemption from real property
taxation for real property substantially rehabilitated for commercial or
industrial use, a structure shall meet all of the following criteria:
(1) Be no less than twenty-five (25) years of age;
(2) Be improved so as to increase the assessed value of the
structure by no less than sixty (60) percent; and
(3) Be improved without increasing the total square footage
of such structure by more than f~44~ff~m~- one
hundred (100%) percent; and
(4) Be designed for and suitable for commercial or industrial
use after completion of such improvement.
(b) If an exemption is granted for commercial or industrial
properties pursuant to this Division, no other exemption, including one
pursuant to Division 5A and 5B, pertaining to enterprise zones, will be
granted, even if the use of the property changes.
K:XMEASURES\O-AMCIqAPTER32TAXEXEMPTIONREHABREALPROPERTYrevised.do¢
§32-97. Amount of exemption.
The amount of the exemption from real property taxation provided
for by this division shall be an amount equal to the difference in the
appraised value of the qualifying structure immediately before substantial
rehabilitation and immediately after substantial rehabilitation, as
determined by the director of real estate valuation. This amount only, on a
fixed basis, shall constitute the exemption, notwithstanding subsequent
assessment or reassessment. The exemption resulting from substantial
rehabilitation of a qualifying structure shall commence on July 1 st of the
tax year following completion of the rehabilitation and shall run with the
real estate for a period of five (5) years, and only one (1) exemption under
this division may be applicable to any structure at any point in time. If the
qualifying structure has been designated with either H-l, Historic District,
or H-2, Neighborhood Preservation District, zoning overlay designations,
or is located within an area designated as a conservation area or a
rehabilitation district by the city, then the exemption shall run with real
estate for a period of ten (10) years. An additional five-year period shall
apply toany residential structure that will have at least a fifty (50) percent
net reduction in the number of dwelling units after rehabilitation.
§32-98. Application.
(a) Application for exemption of substantially rehabilitated real
property from taxation under this division shall be filed by the owner of
such property with the director of real estate valuation prior to
commencement of any rehabilitation work for which exemption is sought.
Each application for such exemption shall be accompanied by a processing
fee in the amount of fifty dollars ($50.00). Ifa property is being converted,
and new and additional tax parcels will be created, the application fee
shall be fifty dollars ($50. 00)for each tax parcel. No property shall be
eligible for such exemption unless all appropriate building permits have
been acquired and the director of real estate valuation has verified that the
rehabilitation indicated on the application has been completed.
Furthermore, no property shall be eligible for such exemption if the director
of real estate valuation has been denied access to the entire premises either
before or after the rehabilitation work for which exemption has been
applied, for purposes of determining whether the required rehabilitation has
been completed and for appraising the property.
(b) The burden of proof shall be on the applicant to show that the
property for which exemption has been filed complies with all the
eligibility criteria established by this division. The director of real estate
K:~vlEAS UP~E S\O-AMCHAPTER3 2TAXEXEMPTI ONREHABREALPROPERTYrcvis¢ d.doc
valuation may require documentary proof of eligibility, and, in such cases,
documentation satisfactory to the director shall be presented.
paragraph of this ordinance is hereby dispensed with.
ATTEST:
Pursuant to §12 of the Roanoke City Charter, the second reading by title
City Clerk.
K :~IEAS URES\O -AMCHAPTER3 2TAXEXEMPTI ONREHAB REALPROPERTYr evis e d.~loc
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
November 1, 2004
Honorable C. Nelson Harris, Mayor
Honorable Beverly T. Fitzpatrick, Jr., Vice Mayor
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr,, Council Member
Honorable Sherman P. Lea, Council Member
Honorable Brenda L. McDaniel, Council Member
Honorable Brian J. Wishneff, Council Member
Dear Mayor Harris and Members of City Council:
Subject:
Revisions to the Tax
Exemption Requirements
for Rehabilitation of Real
Property
Background:
On September 7% City Council was briefed by the Director of Real Estate
Valuation, Susan Lower, on proposed changes for participation in the
City's program that allows tax exemptions for the rehabilitation of
residential, commercial, and industrial real property. At its evening
session on October 18'h, Council was presented with a revised ordinance.
After discussion, it was decided that action on the ordinance should be
tabled until the regular meeting of Council on Monday, November 1"
Council requested that the ordinance be further revised so as to apply only
to the commercial/industrial and multi-use property. Recommendations
regarding the rehabilitation of residential property will be re-evaluated and
incorporated into the Housing Strategic Plan that will be presented after
the first of the year.
The recommended changes to the program now include:
· Revising the restrictions on increased square footage on commercial
and industrial real property such that the total square footage of the
structure cannot be increased by more than 100%. Currently, total
square footage must not be increased by more than 15%.
Honorable Mayor and members of Council
November 1,2004
Page 2
Increasing the application fee when a change in use will result in
additional tax parcel numbers being created to $50 for each additional
tax map number created. Currently, the application fee is $50 for each
property.
For multi-use properties, requiring the residential portion to meet the
eligibility requirements for residential real property and requiring the
commercial or industrial portion to meet the eligibility requirements for
commercial or industrial real property. Currently, any property, the use
of which is partially residential and partially commercial or industrial, is
treated as residential in its entirety for purposes of this division.
Extending the termination date of the current program from July 1,
2005to July1,2010. The proposal to extend this date out five years
will allow the City the opportunity to monitor and assess whether the
program's goals continue to be met as a result of these changes.
Recommended Action:
Adopt the attached ordinance amending and re-ordaining Division 5,
Exemption of Certain Rehabilitated Real Property, consisting of sections
32-93 through 32-101, of Chapter 32, Taxation, Code of the City of
Roanoke (1979), as amended, by amending the eligibility requirements for
tax exemption based on the recommendations noted above.
Respectfully submitted,
City Manager
DLB:rbl
C:
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Susan S. Lower, Director of Real Estate Valuation
R. Brian Townsend, Director of Planning, Building, and Development
CM04-00186
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOIx't
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clcrk~ci.roanoke.va.us
November 3, 2004
File #144-468
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Jean M. Thurman, Secretary
Board of Directors
Western Virginia Water Authority
Roanoke, Virginia
Debra T. Charles, Secretary
Board of Directors
Roanoke Valley Resource Authority
1020 Hollins Road, N. E.
Roanoke, Virginia 24012-8011
Dear Ms. Thurman and Ms. Charles:
I am enclosing copy of Resolution No. 36893-110104 fixing the compensation
($250.00 per month) that may be received by certain members of the Boards of the
Western Virginia Water Authority and the Roanoke Valley Resource Authority, on and
after January 1, 2005.
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday, November 1, 2004, and is in full force
and effect upon its passage.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosure
pc:
Darlene L. Burcham, City Manager
Jesse A. Hall, Director of Finance
Sherman M. St0vall, Director, Office of Management and Budget
Diane S. Childers, Clerk, Roanoke County Board of Supervisors,
P. O. Box 29800, Roanoke, Virginia 24018-0798
Darleen R. Bailey, Clerk, Town of Vinton, 311 S. Pollard Street,
Vinton, Virginia 24179
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1st day of November, 2004.
~o. 36893-110104.
A RESOLUTION fixing the compensation that may be received by certain members of
the Boards of the Western Virginia Water Authority and the Roanoke Valley Resource
Authority; and establ'ishing an effective date.
WHEREAS, pursuant to the provisions of § 15.2-5113.C, Code of Virginia, the governing
bodies who appoint members of the Boards of the Western Virginia Water Authority and the
Roanoke Valley Resource Authority are authorized to fix by resolution compensation for the
members of such Boards; and
WHEREAS, Council desires to fix the compensation for the Board members of the
Western Virginia Water Authority and the Roanoke Valley Resource Authority, but to limit such
compensation to members who are not employees or elected officials of such jurisdictions.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. A monthly sum of $250 is hereby fixed as the amount of compensation that may
be received by members of the Boards of the Western Virginia Water Authority and the Roanoke
Valley Resource Authority, provided that such members are not employees or elected officials of
the City of Roanoke or the County of Roanoke, or, in the case of the Resource Authority, of the
Town of Vinton.
2. This resolution shall be in full force and effect on and after January 1,2005.
Cid~W Clerk.
K:klVlEAS URES¥-compensation forWVWARVRABoards.doc
City Council Meeting
Hello my name is Phil Full, I'm with the City Market Buildings Tenant Association, and
part owner of New York Subs.
I stand before Council today asking why? Why after 20 years the city has decided to
change its policy regarding the allowance of competing national chain restaurants in the
City Market Building?
When the city and F&W Management first sat down to come up with a concept for the
Market Building, the idea was to put in a blend of local business men and women, with
unique concepts that would complement each other, not compete. Whether there were
tenants in the building with compete clauses or not, there has always been a Gentlemen's
agreement not to step on others concepts. And with this policy the city and F&W has
seen the Market area grow by leaps and bounds the last 20 years. The Market Building
has produced several businesses like Corned Beef and Co., Confeddy's, Fast Freddie's,
just to name a few, that have gone on to larger more successful operations because of this
policy.
The Market area has a long History of being the hub of Downtown Roanoke. The
building and Farmers Market has always been known as a place where locals could come
to buy, sell or trade items that local farmers produced. I'm not here to give a history
lesson to some of City Management that may not be aware of the deep roots that the
Market area has, but I did include in my packet a college thesis from Kim Clark, called
"Rehabilitation of the Roanoke City Market Building" written in 1983 to give those of
you who may not be from this area, a little more insight into this areas long History.
Several owners in the Market Building have mortgaged there house, cleaned out their
savings account, scratched, begged and barrowed money to have an opportunity to have a
business in that building. Were trying to make a living. We all did this with the
understanding that the management of the building would have our back, and not allow
another tenant in the building to come in and start selling items that a current business
already sold. It's not the first time in 20 years that a competing National Chain
Restaurants has tried to get into the building. But with the recent management change, it
is the first time that the idea has even been allowed to be considered. The city owns that
building, so someone here changed the policy to begin with. I'm asking council today to
change it back to the way it has always been.
I'm not scared of completion. New York Subs has been in that building since the food
court concept was first implemented. And in those 20 years with the success that the
market area has had, it breeds more competition. Were surrounded by competition, it's
everywhere downtown. But what has allowed us to succeed is the uniqueness of the
building. You can go any where in America and get National Chain food, but there are
very few places left in this country that allows so much local flair. It's part of what makes
Downtown Roanoke a destination spot.
I'm the unfortunate one who stands before you today because the potential National chain
seeking space in the Market building offers menu items that duplicate many of my
restaurants offerings, and I would still be here today if the chain offered pizza,
hamburgers, or Mexican to support the owners of those businesses that have those
concepts already in the Market Building. My concern is broader that my pockets. I
strongly believe that the presence of national chains on the market, along with their
golden arches and familiar icons, will completely erase the local character and flavor that
has uniquely identified the Roanoke City Market for over 125 years. It would be like
allowing a National Produce company to set up on the farmers market. And if that were
to happen, imp sure, you would have local farmers down here today doing the same thing
I am, and that's fighting to keep the integrity and history of what has helped build a very
unique Downtown.
If it is councils decision to go into a different direction with the City Market Building,
then do the right thing and simply buy all of our businesses at a fair price instead of
putting policies in place that will slowly stranglehold the current owners into submission
and eventually doing what you wanted to in the first place.
I'd like to close with an excerpt from a letter that the tenants received from Darlene
Burcham on December 20, 2002.
Actions speak louder than words. Thank You for your time today.
Dear Council,
I am Anita Wilson, President oftbe Market Building Tenants Association and co-owner of
Burger in the Square and Nick's Pig N Chicken with my husband Louis. On behalf of the owners
in our building, I would like to speak to you of our current feelings of frustration end distrust of
the path that the city has set for the building, and quite possibly, for us as well.
Since the replacement of Fralin and Waldron as the landlords of the building, the association has
dealt with Advanfis, a Norfolk based realty group. The tenants, while promised a cemmensurate
lease in the days before Advantis' appointment, have been treated to a lease that takes the tenant
180 degrees from the original. This action, coupled with billing the retail stores on the outside of
the building for between 1200 and 4400 dollars, and then dropping these charges when
confronted, and then attempting to move the utilities costs from the rent portion of our payment to
our maintenance dues, led to our asking the city menager to replace Advantis this past year, only
months into their tenure, to no avail. Our conversations with Tim Allison, our Advantis contact'
since then have resulted in very little being done with the lease, improvements to the building,
continued issues with the cleanliness of the dining areas and restrooms, and with the constant
evidence that Roanokers, who would like to rent space in the building for more unique, single
unit (non national chain stores or restaurants) are not getting return calls to answer their inquires.
Nationally recognized chains, however, seem to have no problem getting through to our friends
from Norfolk.
These profound situations have caused the majority of the tenant owners to ask me to be here
today with council to ask what can be done to remedy our obvious dilemma. We no longer feel
wanted in a delightful, fulfilling building that plays host to Roanokers and valley visitors, a place
that even the city manager referred to as an example to other city downtowns, as to what cen be
accomplished when the quantities and values are correct.
So, in the spirit of survival, we as that council review its decision to appoint Advantis over the
winners of the bid of operating the building, Hall & Associates. Perhaps, entrusting a valued
concept to cooperation at such a distance and with a focus on much larger malls and structures,
provides obstacles when it comes to "handling" the small concerns of small business' in smaller
cities. Common sense dictates that a competent LOCAL management group could best tend to
such a diverse and quaint concept and provides the building with cleaning and a profit turning
attitude that will allow the concept and building to survive and for the building to pay for its
improvements and updates, instead of waiting for appropriations that don't come. Or do come at
cost to other worthy projects.
We ask that each member of council come to the Market Building and speak with owners and
customers, so that you may know our situation and better be able to deal with the needs of a
project entrusted to you as well as the tenants, by a council sitting here not such a long time ago.
We want to meet with you!
We ask that we be able to meet with council members soon, but at your individual convenience to
speak of the future of what has been called the "centerpiece of the city market". We would like to
have a say in what would improve the building, to tell you of what we the owners can do to
refresh the concept that the building has operated so successfully under for 22 years and to lend to
council the advice that we as retail and restaurant professionals and I, as en ex-advertising
executive can lend to the overall performence and appeal of an city market that has survived and
in our eyes, is an example to other cities. We aren't simply the mom's and the pop's that we have
been painted as. We are the keys to what works and doesn't work in downtown Roanoke,
otherwise we like other concepts like Beamem, Spud's, The Soda Jerk, that really seemed to be
on target, wouldn't still be successful.
We truly do want to meet with you and look forward to seeing you soon. We ask for these actions
on your part, because we not only believe, we know that your actions will speak louder than any
words.
Thank you and Peace be With You All.
Sincerely, Anita Wilson