HomeMy WebLinkAboutCouncil Actions 08-01-05
Cutler
37130-080105
ROANOKE CITY COUNCIL
REGULAR SESSION
AUGUST 1 J 2005
9:00 A.M.
ROOM 1 59
AGENDA
Call to Order--RolI Call. (All Council Members were present.)
A communication from Mayor C. Nelson Harris requesting that Council
convene in a Closed Meeting to discuss vacancies on certain authorities,
boards, commissions and committees appointed by Council, pursuant to
Section 2.2-3711 (A)(I), Code of Virginia (1950), as amended.
Approved (7-0)
File #110-132
A communication from the City Manager requesting that Council convene in
a Closed Meeting to discuss disposition of publicly-owned property, where
discussion in open meeting would adversely affectthe bargaining position
or negotiating strategy of the public body, pursuant to Section 2.2-
3711 (A)(3), Code of Virginia (1950), as amended.
Approved (7-0)
File #132
1
A communication from the City Manager requesting that Council convene in
a Closed Meeting to discuss disposition of publicly-owned property, where
discussion in open meeting would adversely affect the bargaining position
or negotiating strategy of the public body, pursuant to Section 2.2-
3711 (A)(3), Code of Virginia (1950), as amended.
Approved (7-0)
File #132
A communication from the City Manager requesting that Council convene in
a Closed Meeting to discuss disposition of publicly-owned property, where
discussion in open meeting would adversely affect the bargaining position
or negotiating strategy of the public body, pursuant to Section 2.2-
3711 (A)(3), Code of Virginia (1950), as amended.
Approved (7-0)
File #132
Items listed on the 2:00 p.m. Council docket requiring
discussion/clarification; and additions/deletions to the 2:00 p.m. docket.
(5 minutes)
Topics for discussion by the Mayor and Members of Council. (15 minutes)
Items for discussion at a joint meeting of Council and the Roanoke City
School Board on Monday, August 15, 2005, at 12:00 p.m., at the Roanoke
Academy for Mathematics and Science, 1616 19th Street, N. W.
Briefings:
.
Market Study Consultant
Virginia First Cities Update
Youth Commission Update
Economic Development Incentive Policy
Parking Update
40 minutes
20 minutes
20 minutes
15 minutes
20 minutes
.
.
.
.
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.
2
ROANOKE CITY COUNCIL
REGULAR SESSION
AUGUST 1 J 2005
2:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
1. Call to Order--RolI Call. (Council Member Dowe was absent.)
The Invocation was delivered by Vice-Mayor Beverly T. Fitzpatrick, Jr.
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,
August 4, 2005, at 7:00 p.m., and Saturday, August 6, 2005, at 4:00 p.m.
Council meetings are offered with closed captioning for the hearing
impaired.
3
ANNOUNCEMENTS:
THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY
COUNCIL AGENDA AND RELATED COMMUNICATIONS, REPORTS,
ORDINANCES AND RESOLUTIONS, ETC., ON THE WEDNESDAY 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.ROANOKEVA.GOV.CLlCK ON THE ROANOKE CITY COUNCIL ICON,
CLICK ON MEETINGS AND AGENDAS, AND DOWNLOAD THE ADOBE
ACROBAT SOFlWARE TO ACCESS THE AGENDA.
ALL PERSONS WISHING TO ADDRESS COUNCIL ARE REQUESTED TO
REGISTER WITH THE STAFF ASSISTANT WHO IS LOCATED AT THE ENTRANCE
TO THE COUNCIL CHAMBER. ON THE SAME AGENDA ITEM, ONE TO FOUR
SPEAKERS WILL BE ALLOTTED FIVE MINUTES EACH, HOWEVER, IF THERE ARE
MORE THAN FOUR SPEAKERS, EACH SPEAKER WILL BE ALLOTTED THREE
MINUTES.
ANY PERSON WHO IS INTERESTED IN SERVING ON A CITY COUNCIL
APPOINTED AUTHORITY, BOARD, COMMISSION OR COMMITTEE IS
REQUESTED TO CONTACT THE CITY CLERK'S OFFICE AT 853-2541, OR
ACCESS THE CITY'S HOMEPAGE ATWWW.ROANOKEVA.GOV, TO OBTAIN AN
APPLICATION.
2. PRESENTATIONS AND ACKNOWLEDGEMENTS:
Proclamation declaring August 2, 2005 as National Night Out.
File #5-80
4
3.
CONSENT AGENDA
Approved (6-0)
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO
BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY
ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF
DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT
AGENDA AND CONSIDERED SEPARATELY.
C-l A communication from the City Manager requesting that Council
schedule a public hearing for Monday, August 15, 2005, at 7:00 p.m., or as
soon thereafter as the matter may be heard, with regard to conveyance of
City-owned property located on Salem Avenue, S. W., to the Times World
Corporation.
RECOMMENDED ACTION: Concur in the request.
File #1 66
C-2 A communication from the City Manager requesting that Council
schedule a public hearing for Monday, August 15, 2005, at 7:00 p.m., or as
soon thereafter as the matter may be heard, with regard to the request of
Star City Gospel Cafe, Inc., for tax exemption from local real estate taxation
of property located at 926 Indiana Avenue, N. E.
RECOMMENDED ACTION: Concur in the request.
File #79
C-3 A communication from the Board of Zoning Appeals transmitting the
2005 Annual Report.
RECOMMENDED ACTION: Receive and File.
File #51 - 1 09
C-4 Qualification of the following persons.
Frank J. Eastburn as a member of the Roanoke Arts
Commission, for a term ending June 30, 2008;
Ben J. Fink as a Commissioner of the Roanoke Redevelopment
and Housing Authority, for a term ending August 31, 2009;
Sloan H. Hoopes as a member of the War Memorial Committee,
for a term ending June 30, 2008;
5
Curtis E. Mills as a member of the Personnel and Employment
Practices Commission, for a term ending June 30, 2008;
George F. Taylor as a member of the Board of Trustees, City of
Roanoke Pension Plan, for a term ending June 30, 2009; and
Eddie Wallace, Jr., as a member of the Mill Mountain Advisory
Committee, for a term ending June 30, 2008.
RECOMMENDED ACTION: Receive and file.
File #67-110-178-202-230-323-429
REGULAR AGENDA
4. PUBLIC HEARINGS: NONE.
5. PETITIONS AND COMMUNICATIONS: NONE.
6. REPORTS OF OFFICERS:
a. CITY MANAGER:
ITEMS RECOMMENDED FOR ACTION:
1. Acceptance of a Crime Analysis Grant from the Department of
Criminal Justice Services and the Byrne Memorial Grant
Program; and appropriation funds.
Adopted Budget Ordinance No. 37130-080105 and
Resolution No. 37131-080105. (6-0)
File #5-60-236
2. Acceptance of the Urban and Community Forestry Grant from
the Virginia Department of Forestry for development of
alternatives and guidelines for tree protection; and
appropriation and transfer of funds.
Adopted Budget Ordinance No. 37132-080105 and
Resolution No. 37133-080105. (6-0)
File #60-236-240
6
3. Acceptance of a subaward from Virginia Commonwealth
University, in connection with Virginia Institute for Social
Service Training Activities (VISSTA).
Adopted Resolution No. 37134-080105. (6-0)
File #60-72
4. Execution of an amendment to the 2004-2005 CDBG/HOME
Agreement with Community Housing Partners Corporation, Inc.,
in connection with rehabilitation of eight additional houses to
be completed by June 16, 2006.
Adopted Resolution No. 37135-080105. (6-0)
File #178-200-236
5. Execution of an amendment to the 2004-2005 CDBG/HOME
Agreement with Blue Ridge Housing Development Corporation,
in connection with project activities within the northwest
section of the City.
Adopted Resolution No. 37136-080105. (6-0)
File #178-200-236
6. Execution of an amendment to the 2004-2005 CDBG/HOME
Agreement with the Roanoke Redevelopment and Housing
Authority, in connection with activities to reduce derelict
structures within the City.
Adopted Resolution No. 37137-080105. (6-0)
File #1 78-200-236
7. Execution of the 2005-2006 CDBG Subgrant Agreement with
C2C Home, LLC, in connection with property acquisition, site
preparation, other preconstruction costs, planning and
administration.
Adopted Resolution No. 37138-080105. (6-0)
File #2-178-236
8. Execution of the 2005-2006 CDBG Subgrant Agreement with
Total Action Against Poverty, in connection with limited and
emergency repairs to 21 homes within the City.
Adopted Resolution No. 37139-080105. (6-0)
File #200-226-236
7
9. Execution of the Fiscal Year 2006 Community Services
Performance Contract with Blue Ridge Behavioral Healthcare
Board of Directors.
Adopted Resolution No. 37140-080105. (6-0)
File #31 4
b. CITY ATTORNEY:
1. Amendment of Sections 20-125, Definitions, and 20-126,
Restriction on keepinq of inoperable motor vehicles, Article VI,
Keepinq of Inoperable Motor Vehicles, Chapter 20, Motor
Vehicles and Traffic, Code of the City of Roanoke (1979), as
amended, to conform with recent State legislation.
Adopted Ordinance No. 37141-080105. (6-0)
File #20-24
7. REPORTS OF COMMITTEES: NONE.
8. UNFINISHED BUSINESS: NONE.
9. INTRODUCTION AND CONSIDERATION OF ORDINANCES
AND RESOLUTIONS:
a. A resolution changing the place of commencement of the regular
meeting of City Council scheduled to be held at 12:00 Noon on
Monday, August 15, 2005.
Adopted Resolution No. 37142-080105. (6-0)
File #1 32
b. Adopted Resolution No. 37143-080105 authorizing
execution of the grant agreement with the Virginia
Employment Commission for Program Year 2005 in
connection with the Workforce Investment Act for Area 3;
and repealing Resolution No. 37129-071805, adopted
July 18, 2005. (6-0)
File #72-236
8
10. MOTIONS AND MISCELLANEOUS BUSINESS:
a. Inquiries and/or comments by the Mayor and Members of City
Council.
Council Member Lea called attention to complaints by a
number of citizens in the community with regard to
unleashed and/or vicious dogs that are allowed to roam
throughout some of the City's neighborhoods. He referred
specifically to pit bull dogs and inquired if the City has
enacted ordinances that address vicious dogs. The City
Manager advised that provisions of the City Code require
that any dog that is off of the owner's premises must be
leashed and whenever citizens observe a dog running
loose, they are encouraged to immediately report the
incident to the City's Animal Control division. She advised
that Animal Control has the authority to issue a summons
to the owner of a dog if, in the opinion of the officer, the
owner has been negligent. She stated that she would
report back to Council with regard to the issue of vicious
dogs.
File #5-24-54-66-132
Council Member Lea advised that the kick-off for the 6th
Annual Western Virginia Education Classic was held on
Friday, July 29 on the City Market, and the football game
will be played on Saturday, October 29, 2005 at 2:00 p.m.,
at Victory Stadium by Saint Paul's College from
Lawrenceville, Virginia, and Shaw University from Raleigh,
North Carolina.
File #122-388-467
b. Vacancies on certain authorities, boards, commissions and
committees appointed by Council.
Susan Egbert was appointed to the Roanoke Public Library
Board for a term ending June 30, 2008.
File #1 5-110-323
9
11. 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.
E. Duane Howard, 1135 Wasena Avenue, S. W., requested that
the Mayor's Committee for People With Disabilities be brought
up to 21 st century standards. He advised that July 26, 2005
marked the 15th anniversary of the Americans With Disabilities
Act, yet the City of Roanoke is 15 years behind in its ADA
efforts. He stated that before the Council Chamber was
renovated, he submitted a request that all persons addressing
the Council would be seated at a table which would have
eliminated the stigma of inferior status by some speakers,
however, his suggestion was not implemented by the City. He
asked that the Mayor's Committee for People With Disabilities be
declared an official committee of the City of Roanoke.
File #132-353
Robert E. Gravely, 729 29th Street, N. W., Apt. #1, spoke with
regard to the overall condition of the City of Roanoke, i.e.:
home ownership for more people, overall cleanliness ofthe City,
marketing of Roanoke, and the need to remove some of the
City's tree canopy so as not to obstruct public rights-of-way.
File #66-178-549
Robert Craig, 701 12th Street, S. W., expressed appreciation to
the Director of Real Estate Valuation for meeting with him to
explain the City's practices with regard to real estate
assessment. He referred to the condition of vendor tables on
the City Market that were covered with plastic tops that are
misaligned and screws that are not properly driven into the
surface of the tables that could create a potential safety hazard
and a liability to the City. He stated that the condition of the
10
table tops is indicative of poor job performance without
adequate supervision. He also spoke in connection with a
discrepancy in information provided by City staff with regard to
uncollected rent by City Market Building tenants.
File #42-79
12. CITY MANAGER COMMENTS:
The City Manager presented the Mayor with a Certificate of
Appreciation which was issued by Old Southwest, Inc.,
recognizing outstanding performance by the City's workforce.
She advised that three City employees received individual
recognition for their work in code enforcement efforts; i.e.:
Susan Grogan representing the Solid Waste Division,
Police Officer Barak Plogger, and
Ann Beckett, staff to the Architectural Review Board.
The City Manager called attention to activities that will be held in
various City neighborhoods on Tuesday, August 2 and Thursday,
August 4, 2005, in conjunction with National Night Out.
File #80-165
CERTIFICATION OF CLOSED SESSION. (6-0)
11
CITY OF ROANOKE
OFFICE OF THE MAYOR
215 CHURCH AVENUE, S.w., ROOM 452
ROANOKE. VIRGINIA 24011-1594
TELEPHONE: (540) 853-2444
FAX: (540) 853-1145
C. NELSON HARRIS
Mayor
August 1 , 2005
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 vacancies on certain authorities, boards,
commissions and committees appointed by Council, pursuant to Section 2.2-3711 (A)(1),
Code of Virginia (1950), as amended.
Sincerely,
c..1(c.hIM.. ~
C. Nelson Harris
Mayor
CNH:snh
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
August 1 , 2005
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
5ubject: Request for closed meeting
Dear Mayor Harris and Council Members:
This is to request that City Council convene a closed meeting to discuss the
disposition of publicly-owned property, where discussion in open meeting would
adversely affect the bargaining position or negotiating strategy ofthe public body,
pursuant to ~2.2-3711.A.3, Code of Virginia (1950), as amended.
Sincerely,
/LA I
,-/-A~I:
Darlene L. Bu ham
City Manage .
DLB/f
c: William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Mary F. Parker, City Clerk
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
Fa" (540) 853-1138
CityWeb: www.roanokegov.com
August 1, 2005
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 a closed meeting to discuss the
disposition of publicly-owned property, where discussion in open meeting would
adversely affect the bargaining position or negotiating strategy of the public body,
pursuant to ~2.2-3711.A.3, Code of Virginia (1950), as amended.
Sincerely,
DLB/f
c: William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Mary F. Parker, City Clerk
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
August 1, 2005
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 a closed meeting to discuss the
disposition of publicly-owned property, where discussion in open meeting would
adversely affect the bargaining position or negotiating strategy of the public body,
pursuant to 92.2-3711.A.3, Code of Virginia (1950), as amended.
DLB/s
cc: William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Mary F. Parker, City Clerk
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WHEREAS. .~:alionl11 .\:ilI11 OuT i.\ () norion/Ji crimi" and driJg preW'n/joli I'\'('m
.(pon.\ortd by The .\"Q1joriQ] A.\.\ociolior. of 10wn Walch f.\ATW;
arui
H'HERLAS rhi- Ol) of Roonokt. i.' a lfrl?fifd Crimi- Prcwmi()n CII""mmlf.1
and
R'HERLAS. 11 i.1 imporlOT/llhor an cili:C'nt 1.:710," and undernana' That .'\"Ofionlli
?\if'" Oul is dt.\ipYifd 10 hdphluJ crime and drup p",'vl,nti01j
Q",onne.\.'. 10 dl'mor;,<TTou pfnn-al supponfor ar.d parricipUlion in
local onricrimf program.'. 10 .unnfThtfi y,f'jphbornuod .'pinl and
poli{"f~commlJy,iry parrnn-.'hip." ami 10 _'tna' c.. ml'.\'.\01!(' :.W)
criminal.llho! neighborhood.. an.fighting back Ggoin.., ('ri1l1l'. (lnd
WHEREAS. ThE- men and warnl'''' of 111( Roanoiu Polin Dt:'parlmoll em-'
commimd 10 ~;orkinp ~'ilt. dti:rn.' tD l'rihanH thl'ir quality (!t iit(.
.\'OH~ THEREFORE, J, C .\'f'l.~on Harri~. Mayor of tiu City of Roanoke
i'ir?ini'" (all upon all ciliur...\. Yltighborhood \'I'au], ,?TOUp.\ ar;d communi!) ch.j(
orpani:aTion,\ 10 obu'n1f' August ;, 20(j_~. a~ Tht ;;~ Ar;rl'~ai .'"atior;al Sif!h7 OUT
",iIi, tJppropriolf aremonit.'. eH'rm or;d ob.~f'non("f.\ and do hf'reb,' proclaim
7..oda.1 Aur...~T:. 200.~. lhrouihoUllhi.' gnat Ali-AmfTilO CiTY_ OY
.'A 1l0,'AL .'lGHT OFT.
GiYOi ../idn our hand.' or;d Tht Swi of tJu. CilY 0.1 RoonoM Trol.' firs1 dO.l 0.1 AUf!ust
II< /Iif y"ar ""0 I],ou"ond andfiH-
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"f..')'.l f Parka
(;/1 (','l.)-j;
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
August 1, 2005
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: Conveyance of City-Owned
Property to Roanoke Times
Portion of Tax #1010107
Pursuant to the requirements of the Virginia Code, the City of Roanoke is
required to hold a public hearing on the proposed conveyance of property
rights. This is to request that a public hearing be advertised on the above
matter for Council's regular meeting to be held on Monday, August 15, 2005. A
full report will be included in the August 15, 2005, agenda material for your
consideration.
Respectfully submitted,
Darlene L. Bur
City Manager
DLB/SEF
c: William M. Hackworth, City Attorney
Mary F. Parker, City Clerk
Jesse A. Hall, Director of Finance
Sarah E. Fitton, Engineering Coordinator
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
August 1, 2005
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. Wish neff, Council Member
Dear Mayor Harris and Members of City Council:
Subject: Tax Exemption Request from the
Star City Gospel Cafe, Inc.
Pursuant to the requirements of the Virginia Code, the City of Roanoke is
required to hold a public hearing on a request from the Star City Gospel Cafe,
Inc., a non-profit organization, for tax exemption of certain property in the City.
This is to request that a public hearing be advertised on the above matter for
Council's regular meeting to be held on Monday, August 15, 2005. A full
report will be included in the August 15, 2005, agenda material for your
consideration.
Respectfully submitted,
~
Darlene L. Burc
City Manager
DLB/vst
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
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CITY OF ROANOKE
PLANNING BUILDING AND DEVELOPMENT
215 Church Avenue, S.W., Room 166
Roanoke, Virginia 2401 I
Telephone: (540) 853-1730 Fax: (540) 853-1230
E-mail: planning@ci.roanoke.va.us
Architectural Review Roanl
Board of Zoning Appeals
Planning Commission
August 1,2005
The Honorable C. Nelson Harris, Mayor
Members of City Council
Roanoke, Virginia
Dear Mayor and Members of Council:
As Chairman of the Roanoke City Board of Zoning Appeals for 2005, it is
my honor to present to you the annual report for July 1, 2004, through June 30,
2005. For fiscal year 2004-2005, the Board of Zoning Appeals held twelve (12)
regular public hearings, during which there were nine (9) variance requests,
twenty-six (26 ) special exception (use) requests, and no appeals of the Zoning
Administrator's decisions.
In the current year, the Board of Zoning Appeals' goals are to: first,
continue to serve the citizens and developers of the community in
furthering the use, development and redevelopment of property through
variances and special exceptions; second, to continue to act as a
discretionary administrative body and make decisions in matters where a
person or party within the community is aggrieved by a decision made in the
administration or enforcement of the zoning ordinance; and lastly, to
recommend to the Planning Commission and City Council necessary revisions to
the zoning ordinance in order for the Board to continue to provide fair and
equitable service to the community and its citizens. The Board continues to work
with the City Attorney's Office to assure that our procedures promote a concise
and fair process.
On behalf of the Board, I would like to express our appreciation for
Council's ongoing efforts to improve the effectiveness of the Board of Zoning
Appeals through funding for the training and certification of the Board members.
Sincerely,
~
Bill Poe, Chairman
Board of Zoning Appeals
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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
August 8, 2005
File #15-110-230
Judith M. St.Clair, Secretary
Roanoke Arts Commission
Roanoke, Virginia
Dear Ms. St.Clair:
This is to advise you that Frank J. Eastburn has qualified as a member of the
Roanoke Arts Commission, for a term ending June 30, 2008.
Sincerely,
~~l~~
~ Mary F. Parker, CMC
f -- 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, Frank J. Eastburn, do solemnly swear (or affirm) that I will support the
Constitution of the United States of America and the Constitution of the
Commonwealth of Virginia, and that I will faithfully and impartially discharge
and perform all the duties incumbent upon me as a member of the Roanoke
Arts Commission, for a term ending June 30, 2008, according to the best of my
ability (So help me God).
t='~~ \=:~ }'\
Subscribed and sworn to before me this l.S...- day of .;fut-;1 2005.
BRENDA L. HAMILTON, CLERK OF THE CIRCUIT COURT
Q;~c0h~
, DEPUTY CLERK
K:\oath and leaving service\Arts Commission\frankj eastbum oath05.doc
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
August 8, 2005
File #15-178
Sue Marie Worline, Secretary
Roanoke Redevelopment and Housing Authority
P. O. Box 6459
Roanoke, Virginia 24017-0359
Dear Ms. Worline:
This is to advise you that Ben J. Fink has qualified as a Commissioner of the
Roanoke Redevelopment and Housing Authority, for a term ending August 31,
2009.
Sincerely,
~m.~hV
~ 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, Ben J. Fink, 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, 2009,
according to the best of my ability (So help me God).
----
Subscribed and sworn to before me this J3id'ay of J~ 2005.
BRENDA S. HAMILTON, CLERK OF CIRCUIT COURT
BY
'~~A_f
, DEPUTY ClERK
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
August 8, 2005
File #15-110-323
Stephanie M. Moon, Secretary
War Memorial Committee
Roanoke, Virginia
Dear Ms. Moon:
This is to advise you that Sloan H. Hoopes has qualified as a member of the War
Memorial Committee, for a term ending June 30, 2008.
Sincerely,
~~m.~~
~/... Mary F. Parker, CMC
~ City Clerk
MFP:ew
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Sloan H. Hoopes, 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 War
Memorial Committee, for a term ending June 30, 2008, according to the best of
my ability (So help me God).
~--4~
Subscribed and sworn to before me this 24day of-:r~ 2005.
BRENDA L. HAMILTON, CLERK OF THE CIRCUIT COURT
B~~~
, DEPUTY CLERK
K:\oath and leaving service\War Memorial Committee\Sloan h hoopes oath05.doc
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
August 2,2005
File #15-110-202
William C. Holland, Chair
Personnel and Employment
Practices Commission
1450 Forest Park Boulevard, N. W.
Roanoke, Virginia 24017
Dear Mr. Holland:
This is to advise you that Curtis E. Mills has qualified as a member of the
Personnel and Employment Practices Commission, for a term ending June 30,
2008.
Sincerely,
W~m,~wv
Stephanie M. Moon, CMC
Deputy City Clerk
SMM:ew
pc: Stephanie M. Moon, CMC, Deputy City Clerk
Barry K. Agnew, Acting Secretary, Personnel and Employment Practices
Commission
v.IMol. ft_..1lan...:.... ~......,;.....\...........,"..I..niI Hnnln~nl nnlCtice~ COnmDssion\Curtis E Mills Qualification-doc
Oath or Affi rmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Curtis E. Mills, 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 Personnel
and Employment Practices Commission, for a term ending June 30, 2008,
according to the best of my ability (So help me God).
Subscribed and sworn to before me this & day of ~ 2005.
BRENDA L. HAMILTON, CLERK OF THE CIRCUIT COURT
, .\ c-
BY \ f'\.c.Jb.~\ Mt~ -<) . DEPUTY CLERK
K:\oath and leaving service\personnel and employment practices commission\curtis e mills oath.doc
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
August 2, 2005
File #110-429
Jesse A. Hall, Secretary
Board of Trustees
City of Roanoke Pension Plan
Roanoke, Virginia
Dear Mr. Hall:
This is to advise you that George F. Taylor has qualified as a member of the Board
of Trustees, City of Roanoke Pension Plan, for a term ending June 30, 2009.
Sincerely,
~~'ll\. ~~
..L.. .ot../Mary F. Parker, CMC
7)-- 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, George F. Taylor, 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 Board of
Trustees, City of Roanoke Pension Plan, for a term ending June 30, 2009,
according to the best of my ability (So help me God).
/J'1'lJz-
Subscribed and sworn to before me this /l~ay Of~ 2005.
F THE CIRCUIT COURT
BY
, DEPUTY CLERK
K:\oath and leaving service\Board of Trustees, Pension Plan\George F Taylor oath05.doc
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
August 2, 2005
File #15-67-110
Nicole Ashby, Secretary
Mill Mountain Advisory Committee
Roanoke, Virginia
Dear Ms. Ashby:
This is to advise you that Eddie Wallace, Jr. has qualified as a member of the Mill
Mountain Advisory Committee, for a term ending June 30, 2008.
Sincerely,
~~~ 'rv1. ~~
.b.. Mary F. Parker, CMC
QCity 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, Eddie Wallace, Jr., 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 Mill
Mountain Advisory Committee, for a term ending June 30, 2008, according to
the best of my ability (So help me God).
~dd; q;J ~c:r: fJr
,
Subscribed and sworn to before me this /'7..- day of :r~ 2005.
BRENDA L. HAMILTON, CLERK OF THE CIRCUIT COURT
~~t~
. DEPUTY CLERK
K:\oath and leaving service\Mill Mountain Advisory Committee\Eddie Wallace Jr oath05.doc
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
August 8, 2005
File #5-60-236
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Ordinance No.3 7130-080105 appropriating funds for the
Byrne Memorial Grant, and amending and reordaining certain sections ofthe 2005-
2006 Grant Fund Appropriations.
The abovereferenced measure was adopted by the Council ofthe City of Roanoke at
a regular meeting which was held on Monday, August 1, 2005, and is in full force
and effect upon its passage.
Sincerely,
~rn.Wf~
g..v Mary F. Parker, CMC
City Clerk
MFP:ew
Attachment
pc: Darlene L. Burcham, City Manager
Sherman M. Stovall, Director, Office of Management and Budget
Rolanda B. Russell, Assistant City Manager for Community Development
A. L. Gaskins, Chief of Police
K:\AGENDA CORRESPONDENCElagenda correspondence 05\Aug 05\Aug 1 2005 correspondence.doc
~'-,
~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 1st day of August, 2005.
No. 37130-080105.
AN ORDINANCE appropriating funds for the Byrne Memorial Grant,
amending and reordaining certain sections of the 2005-2006 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 2005-2006 Grant Fund Appropriations be, and the same
are hereby, amended and reordained to read and provide as follows:
Grant Fund
Appropriations
Publications & Subscriptions
Revenues
Byrne Grant FY06
Byrne Grant Local Match FY06
035-640-3456-2040
$ 38,287
035-640-3456-3456
035-640-3456-3457
28,715
9,572
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
ATTEST:
. (n. '1~~
City Clerk.
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
August 8, 2005
File #5-60-236
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 37131-080105 authorizing the City Manager
to accept a Crime Analysis Grant from the Department of Criminaljustice Services in
the amount of $28,715.00, with the City providing an additional $9,572.00 in local
matching funds, as more particularly described in a letter from the City Manager
addressed to the Council under date of August 1, 2005.
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday, August 1, 2005.
Sincerely,
~'nt. ~~
Juu Mary F. Parker, CMC
g- - City Clerk
MFP:ew
Attachment
pc: Jesse A. Hall, Director of Finance
Sherman M. Stovall, Director, Office of Management and Budget
Rolanda B. Russell, Assistant City Manager for Community Development
A. L. Gaskins, Chief of Police
K:\AGENDA CORRESPONDENCE\agenda correspondence 05\Aug 05\Aug 1 2005 correspondence.doc
J~
IN THE COUNCil- OF THE CITY OF ROANOKE, VIRGINIA
The 1st day of August, 2005.
No. 37131-080105.
A RESOLUTION authorizing the acceptance of a Crime Analysis Grant from the
Department of Criminal Justice Services, and authorizing execution of any required
documentation on behalf of the City.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City Manager is hereby authorized on behalf of the City to accept from the
Department of Criminal Justice a Crime Analysis Grant in the amount of $28,715.00, with the
City providing an additional $9,572.00 in local matching funds. Such grant being more
particularly described in the letter of the City Manager to Council dated August 1, 2005.
2. The City Manager is hereby authorized to execute and file, on behalf of the City,
any documents setting forth the conditions of the Crime Analysis Grant, approved as to form by
the City Attorney, required in connection with the acceptance of such grant and to furnish such
additional information as may be required by the Department of Criminal Justice.
ATTEST:
..'Ih.~
~ CIty Clerk .. .
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
Fa" (540) 853-1138
CityWeb: www.roanokegov.com
August 1, 2005
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 McDaniel, Council Member
Honorable Brian J. Wish neff, Council Member
Subject: Crime Analysis Grant
Dear Mayor Harris and Members of Council:
Background:
The Roanoke Police Department employs a full time crime analyst. The crime
analyst's role in the successful application of the principles of community
policing is a vital one. Sophisticated analytical and mapping software packages
are a necessary component of any professional crime analysis unit.
The Police Department has been awarded $28,715 in grant funding through the
Byrne Memorial Grant Program. These funds are to be used towards the
purchase of updated GIS mapping software and analytical computer programs;
which will enhance our ability to track crime trends as well as investigate on-
going criminal enterprises. A required non-federal cash match of $9,572 is
available through the State Asset Forfeiture program. The grant award and cash
match combine to make this effort a $38,287 project.
Recommended Action:
Accept the Crime Analysis Grant award of $28,715 from the Department of
Criminal Justice Services and the Byrne Memorial Grant Program; and authorize
the City Manager to execute the grant agreement and any related documents,
subject to them being approved as to form by the City Attorney.
Honorable Mayor and Members of Council
August 1, 2005
Pag e 2
Appropriate funding of $38,287 to the publications and subscriptions account
and establish a revenue estimate of $28,715 in accounts to be established by
the Director of Finance in the Grant Fund. Transfer $9,572 from State Asset
Forfeiture (account# 035-640-3302-9015) to cover the required local cash
match.
Respectfully submitted,
DLB:/gws
c: Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Rolanda B. Russell, ACM for Community Development
A. L. Gaskins, Chief of Police
CMOS-00I00
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
August 8, 2005
File #60-236-240
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Ordinance No. 37132-080105 appropriating funds for the
Urban and Community Forestry Grant, and amending and reordaining certain
sections of the 2005-2006 General and Grant Funds Appropriations.
The abovereferenced measure was adopted by the Council ofthe City of Roanoke at
a regular meeting which was held on Monday, August 1, 2005, and is in full force
and effect upon its passage.
Sincerely,
~rn'f}l~
~....Mary F. Parker, CMC
,-- City Clerk
MFP:ew
Attachment
pc: Darlene L. Burcham, City Manager
Sherman M. Stovall, Director, Office of Management and Budget
Steven C. Buschor, Director, Parks and Recreation
Carolyn Glover, Human Resources Administrator
Helen Smythers, Urban Forestry Planner
K:\AGENDA CORRESPONDENCElagenda correspondence 05\Aug 05\Aug 1 2005 correspondence.doc
~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 1st day of August, 2005.
No. 37132-080105.
AN ORDINANCE appropriating funds for the Urban and Community
Forestry Grant, amending and reordaining certain sections of the 2005-2006
General and Grant Funds Appropriations, and dispensing with the second
reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that the
following sections of the 2005-2006 General and Grant Funds Appropriations be,
and the same are hereby, amended and reordained to read and provide as
follows:
General Fund
Appropriations
Temporary Wages
Transfer to Grant Fund
Grant Fund
Appropriations
Regular Employee Salaries
FICA
Medical Insurance
Dental Insurance
Disability Insurance
Revenues
Urban and Community Forestry
Grant FY06
Urban and Community Forestry
Grant Local Match FY06
001-620-4340-1004
001-250-9310-9535
$ (4,294)
4,294
035-620-4346-1002
035-620-4346-1120
035-620-4346-1125
035-620-4346-1126
035-620-4346-1131
14,559
1,296
1,770
117
52
035-620-4346-4347
035-620-4346-4348
13,500
4,294
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
. n?~
City Clerk.
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
August 8, 2005
File #60-236-240
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 37133-080105 authorizing the City Manager
to accept the Urban and Community Forestry Grant from the Virginia Department of
Forestry, in the amount of $13,500.00, and authorizing execution of the necessary
documents, as more particularly set forth in a letter from the City Manager
addressed to the Council under date of August 1, 2005.
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday, August 1, 2005.
Sincerely,
~Yn. YY)O~
.,4.vMary F. Parker, CMC \....
I - - City Clerk
MFP:ew
Attachment
pc: Jesse A. Hall, Director of Finance
Sherman M. Stovall, Director, Office of Management and Budget
Steven C. Buschor, Director, Parks and Recreation
Carolyn Glover, Human Resources Administrator
Helen Smythers, Urban Forestry Planner
K:\AGENDA CORRESPONDENCElagenda correspondence 05\Aug 05\Aug 1 2005 correspondence.doc
/:,1\., /
'7~\~\o')
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1st day of August, 2005.
No. 37133-080105.
A RESOLUTION accepting the Urban and Community Forestry Grant from the
Virginia Department of Forestry, and authorizing the execution of the necessary documents.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City hereby accepts the Urban and Community Forestry Grant from the
Virginia Department of Forestry in the amount of $13,500.00.
2. The City Manager and the City Clerk are hereby authorized on behalf of the
City to execute and attest, respectively, all necessary and appropriate agreements with the
Virginia Department of Forestry, or any other party, for the City's acceptance of this grant,
upon form approved by the City Attorney, as more particularly set forth in the City Manager's
letter dated August 1,2005, to this Council.
ATTEST:
~rn,~~
~ City Clerk.
K:\RESOLUTIONS\RESOLUTIONS\R_GRANT_FORESTRY08010S.DOC
_~.'.2.(';;~"'i~(:.,.\..,
U - '
.-, ~
~ (,
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
August 1, 2005
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. Wish neff, Council Member
Dear Mayor Harris and Members of City Council:
Subject:
Acceptance of Grant for
Development Alternatives
and Guidelines for Tree
Protection
On June 7, 2005, the City was notified by the Virginia Department of Forestry
that a $13,500 grant would be awarded to the City upon completion of a
Memorandum of Agreement (Attachment 1). The grant will be used to fund a
part-time Urban Forestry Planner to work with the City's Urban Forester on
"Development Alternatives and Guidelines for Tree Protection." This grant is
from the same program that funded the part-time Urban Forestry Planner for
the past three years. This is the last year that the grant program can be used to
fund an Urban Forestry Planner.
The $13,500 Urban and Community Forestry Grant is a federal grant sponsored
by the National Forest Service and administered by the Virginia Department of
Forestry. Funds are awarded on a reimbursement basis after verification of the
local match. The majority of the City's required local match will consist of 558
hours of staff time provided by the Urban Forester who is an employee in the
Parks and Recreation department. The local cash match will be an additional
$1,059 in salary and $3,235 for the City's share of FICA and the City's pro-rata
share of long-term disability, hospitalization and dental insurance for the part-
time Urban Forestry Planner.
The funding will be used for the following:
Honorable Mayor and Members of Council
August 1, 2005
Page 2
. Develop guidelines for planting trees along riparian buffers (to coordinate
with implementation of the revised zoning ordinance).
. Make corresponding revisions to the public tree ordinance so that city
property meets higher standards
. Use C1TYgreen software to analyze individual forested sites. Make such
analyses available as a key tool in evaluating proposed developments and
land disturbances in the city.
Recommended Action:
Accept the Urban and Community Forestry Grant in the amount of $13,500 and
authorize the City Manager and City Clerk to execute and attest respectively, an
agreement with the Virginia Department of Forestry and any other forms
necessary to accept such grant, approved as to form by the City Attorney.
Appropriate $13,500 in federal funding and establish a corresponding revenue
estimate in an account to be established by the Director of Finance in the Grant
Fund. Transfer $4,294 from Parks and Recreation temporary wage account 001-
620-4340-1004 to the aforementioned Grant Fund account. Expenditures to be
appropriated are:
Account
Regular Employee Salaries
FICA
Long-Term Disability
Hospitalization Insurance
Dental Insurance
TOTAL
Account #
035-620-4346-1002
035-620-4346-1120
035-620-4346-1131
035-620-4346-1125
035-620-4346-1126
Amount
$ 14,559.00
$ 1,296.00
$ 52.00
$ 1,770.00
$ 117.00
$ 17,794.00
DLB:HS:na
c: Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Steven B. Buschor, Director of Parks and Recreation
Carolyn Glover, Human Resources Administrator
Helen Smythers, Urban Forestry Planner
CMOs-00I09
U&CF ASSISTANCE GRANT PROGRAM
MEMORANDUM OF AGREEMENT
GRANT # 05UCF23
This agreement made this 5th
day of Julv
,2005 by and between the Virginia Department of Forestry,
herein referred to as "Party of the First Part", and City of Roanoke herein referred to as "Party of the Second
Part",
The parties of this agreement, in consideration of the mutual covenants and stipulations set out herein in order to
promote, support and participate in the U&CF Assistance Grant Program, sponsored by the U. S. Forest Service
(Catalog of Federal Domestic Assistance (CFDA) Number 10-664) agree as follows:
(1) SCOPE OF SERVICES:
The Party of the Second Part shall provide the service to the Party of the First Part set forth in its Urban & Community
Forestry Assistance proposal.
(2) TIME OF PERFORMANCE:
The service of the Party of the Second Part shall commence on June 21,2005 and shall terminate
on May 15, 2006.
All time limits stated are of the essence of this agreement.
(3) COMPENSATION:
The Party of the Second Part shall be paid by the Party of the First Part as set forth in A TT ACHMENT A. Funds will
be transferred to the Party of the Second Part upon receipt of quarterly billings. The Party of the Second Part shall
spend the funds according to the specified categories of the contract budget. Minor shifts of the funds among
categories not to exceed 10 percent may be permitted by the Party of the First Part, but in no case can the total
expenditures exceed the amount provided by this contract. Shifts of funds among budget categories exceeding 10
percent must be approved in writing by the Party of The First Part.
(4) ASSISTANCE:
The Party of the First Part agrees upon request of the Party of the Second Part to furnish, or otherwise make available
to the Party of the Second Part, copies of existing non-proprietary materials in the possession of the Party of the First
Part that are reasonably related to the subject matter of this agreement and are necessary to the Party of the Second Part
for completion of his performance under this agreement.
Page I
(5) GENERAL PROVISIONS:
Nothing in this agreement shall be construed as authority for either party to make commitments which will bind the
other party beyond the Scope of Service contained herein. Furthermore, the Party of the Second Part shall not assign,
sublet or subcontract any work related to this agreement or any interest it may have herein without the prior written
consent of the Party of the First Part. This contract is subject to appropriations by the Virginia General Assembly.
(6) INTEGRATION AND MODIFICATION:
This contract constitutes the entire agreement between the Party of the Second Part and the Party of the First Part. No
alteration, amendment or modification in the provisions of this agreement shall be effective unless it is reduced to
writing, signed by the parties and attached hereto.
(7) TERMINATION:
The Party of the First Part may terminate this agreement for its convenience upon 60 days written notice to the other
party. The Party of the Second Part shall be paid for no service rendered or expense incurred after receipt of such
notice except such fees and expenses incurred prior to the effective date of termination that are necessary for
curtailment of its/his work under this agreement.
In the event of breach by the Party of the Second Part of this agreement, the Party of the First Part shall have the right
immediately to rescind, revoke or terminate the agreement. In the alternative the Party of the First Part may give
written notice to the Party of the Second Part specifying the manner in which the Agreement has been breached. Ifa
notice of breach is given and the Party of the Second Part has not substantially corrected the breach within the sixty
(60) days of receipt of the written notice, the Party of the First Part shall have the right to terminate this Agreement.
In the event of rescission, revocation or termination, all documents and other materials related to the performance of
this Agreement shall become the property of the Department of Forestry.
(8) COLLATERAL CONTRACTS:
Where there exists any inconsistency between this Agreement and other provisions of collateral contractual agreements
which are made a part of this Agreement by reference or otherwise, the provisions of this Agreement shall control.
(9) ANTI-DISCRIMINATION:
During the performance of this contract, the Party of the Second Part agrees as follows;
The Party of the Second Part will not discriminate against any employee or applicant for employment
because of race, religion, color, sex, or national origin, except where religion, sex, or national origin is a bona
fide occupational qualification reasonable necessary to the normal operation of the Party of the Second Part.
The Party of the Second Part agrees to post in conspicuous places, available to employees and applicants for
employment, notices setting forth the provisions of this non-discrimination clause.
The Party of the Second Part, in all solicitations or advertisement for employees placed by or on behalf of the
Party of the Second Part, will state that such Party of the Second Part is an equal opportunity employer.
Notices, advertisements and solicitations in accordance with federal law, rules or regulations shall be
deemed sufficient for the purpose of meeting the requirements of the Section.
The Party of the Second Part will include the above provisions in every subcontract or purchase order of over $10,000,
so that the provisions will be binding upon each subcontractor or vendor.
Page 2
(10) APPLICATIONS:
This agreement shall be governed in all respects, whether as to validity, construction, capacity, petformance or
otherwise, by the laws of the Commonwealth of Virginia.
(11 ) SEVERABILITY:
Each paragraph and provision of the Agreement is severable from the entire Agreement; and if any provision is
declared invalid, the remaining provisions shall nevertheless remain in effect.
(12) CONTINGENT FEE WARRANTY:
The Party of the Second Part warrants that he/it has not employed or retained any person or persons for the purpose of
soliciting or securing this Agreement. The Party of the Second Part further warrants that he/it has not paid or agreed to
pay any company or person any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent
upon the award or making of this Agreement. For breach of one or both of the foregoing warranties, the Agency shall
have the right to terminate this agreement without liability, or, in its discretion or otherwise recover, the full amount of
said prohibition fee, commission, percentage, brokerage fee, gift or contingent fee.
(13) CONFLICT OF INTEREST:
The Party of the Second Part warrants that he has fully complied with the Virginia Conflict of Interest Act.
(14) FINANCIAL RECORDS AVAILABILITY:
The Party of the Second Part agrees to retain all books, records and other documents relative to this Agreement for five
(5) years after final payment, or until audited by the Commonwealth of Virginia, whichever is later. The Party of the
First Part, its authorized agents and/or State auditors shall have full access to and the right to examine any of said
materials during said period.
Source documentation such as canceled checks (include copies of both front and back), paid bills, payrolls, time and
attendance record (itemizing time spent on U&CF Assistance grant project), contracts, etc. will be submitted with the
"Request for Funds." Invoices will be marked "PAID" and referenced as to how payment was made (i.e. check
number).
The Party of the Second Part agrees to comply with the following Federal cost and administrative regulations as
applicable:
NonwProfit Or2anizations
Cost Principles, OMB CIR A-122
Admin. Regulations, OMB CIR A-II 0
Audits, OMB CIR-A 133
State and Local Governments
Universities
Cost Principles, OMB CIR A-S?
Admin, Regulations, OMB CIR A- I 02 (rev.)
Audits, OMB CIR A-133
Cost Principles, OMB CIR A-21
Admin. Regulations, OMB CIR A-I 10
Audits, OMB CIR A-133
Page 3
(15) OUARTERL Y REPORTS:
The Party of the Second Part agrees to provide the Party of the First Part performance reports on all activities identified
in the proposals as they occur. The performance reports will contain a summary of progress and activities for each
activity within the proposal; indicate any problems and solutions in meeting requirements, and provide financial funds
expenditure information for reimbursement as appropriate.
The schedule for submittal of the periodic performance reports shall be as follows:
PERIOD COVERED
June 1. 2005 August 30, 2005
September 1, 2005 December 31. 2005
January I, 200(, March 3 I. 200(,
April 1,200(, May 15. 200(,
SUBMITTAL DATE
Septcmber 15. 2005
January 15. 2006
April IS, 2006
Junc I. 2006
In witness whereof the parties have caused this agreement to be executed by the following duly authorized officials:
PARTY OF THE SECOND PART
PARTY OF THE FIRST PART
This contract has been reviewed by the staff of the Party of
the First Part. Its substantive terms are appropriate, and
sufficient funds have been obligated for its performance.
BY: BY:
TITLE: City Manager TITLE: Urban and Commnnity Forestry Coordinator
AGENCY: City of Roanoke, Virginia AGENCY: Virginia Department of Forestry
DATE: DATE:
Page 4
ATTACHMENT A
PAYMENT PROCESS
The funds awarded under the grant are available on a reimbursement basis after verification of
match and in accordance with a payment schedule agreed to in advance. Grantees must file a request for
payment and send records of expenditures along with documented costs to the Virginia Department of
Forestry. The UCF Program Administrator will evaluate the progress of the project to determine eligibility
for full funding. Grantees may request reimbursement as frequently as needed (within reason); or at least
quarterly if there are qualifYing expenditures.
FEDERAL AND STATE REGULATIONS
Grantees must comply with all Federal regulations pertaining to Federal grants. Grantees are referred
to OMB Circulars A-I 02 and A-II 0 which are the uniform administration requirements. Grantees are also
referred to Section 3015, 3016, and 3017 of the Code of Federal Regulations and to cost principles outlined
in OMB Circulars A-21, A-87, and A-122. Copies of these documents may be obtained from the Virginia
Department of Forestry UCF Program Administrator upon request.
Grantees must certify that they are not debarred from this grant program. Grantees should not
conduct business with individuals or organizations debarred from Federal grant projects. Applicants must
document project approval by the authorized representative of the local governing body, organization or
institution applying for the grant.
State and local government agencies must adhere to guidelines of the "Agency Procurement Manual"
(January 1990) as required in Section 2.1-442 of the Code of Virginia.
RECORD KEEPING REQUIREMENTS
Records will be maintained according to all Federal regulations. The financial management system
of the grantees shall meet the following standards:
. Records shall comply with generally accepted accounting principles.
. Records will document allowable costs.
. Records will be supported by source documentation, such as canceled checks,
paid bills, payrolls, time and attendance records, contracts, etc. Invoices must be marked
paid and be referenced as to how payment was made (i.e., check number). Records will be
maintained for three years following final payment
Page 5
OMB Aooroval No. 0348-0043
APPLICATION FOR 2. OATE SUBMITTED Applicant Identifier
July 5, 2005 PROPOSAL #
FEDERAL ASSISTANCE
1. TYPE OF SUBMISSION: 3. DATE RECEIVED BY State Application Identifier
Application Preapplication STATE 05UCF23
Construction Construction 4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier
x Non-Construction x Non-Construction
5.
Legal Name: Organizational Unit:
Cit" of Roanoke Virninia
Address (give city, county, state, and zip code) Name and telephone number of the person to be contacted on matters
215 Church Avenue, Roanoke, VA 24011 involving this application (give area code) Dan Henry 540-853-1994
EMPLOYER IDENTIFICATION NUMBER (EIN): 7. TYPE OF APPLICANT: ~
(enter appropriate letter in box)
15141 - I 61 01 0111516191 A. State H. Independent School Cist.
B. County I. State Controlled Inst.of Higher
Learning
8. TYPE OF APPLICATION: C. Municipal J. Private University
[8] New D Continuation D Revision D. Township K. Indian Tribe
E. Interstate L. Individual
If Revision, enter appropriate letter(s) in box(es): D D F. Intermunicipal M. Profit Organization
G. Special District N. Other (Specify):
A. Increase Award B. Decrease Award C. Increase Duration
D. Decrease Duration Other (specify): 9. NAME OF FEDERAL AGENCY:
USDA Forest Service
10. CATALOG OF FEDERAL 1PT" q6T4 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT:
DOMESTIC ASSISTANCE NO.
TITLE: Cooperative Forestry Development Alternatives and Guidelines for Tree
Protection
12. AREAS AFFECTED BY PROJECT (cities, counties, states, etc.)
Citv of Roanoke, Virninia
13. PROPOSED 14. CONGRESSIONAL DISTRICTS OF:
PROJECT:
Start Date Ending Date a. Applicant 6 I b. Project: 6
June 21. 2005 Mav 15, 2006
15. ESTIMATED FUNDING: 16. ISAPl'\JCA1lON5UlJECTTORE\6VBYsrAlEElCIDJI1\/ECHlER1zm~t
a. Federal $ 13,500 .00 a YES. THSPREI\FPLC'>.IDI'I'l'f'FU:AllCNWASM<>l:EAVAIJ>Bl.ElDlHO
b. Applicant $ 4,294 .00 SfAlEEXEOJTNECA[ffi 1ZJl2FRCCESSF<R~rn
c. State $ .00 DATE
d. Local $ .00 b. NO. [Z] ffiJGRAMlSr-orCXJvEJHlBYEo.1ZJl2
e. Other $ 17,103 .00
f. Program Income $ .00 D CRffiJGRAM f'AS r-or8EENSEI.EClIDBYSfAlEF<R~
g. TOTAL $ 34,897 .00
17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT?
DYes If "Yes," attached an explanation [Z] No
18. 10 1I-E BEST OF MY I<NC/I\I.BlGE ANl B8..EF, AlL llo\TA N THS APl'\JCA1IlNmEAFI'ID\1lON ~ lRlEANl 00._1. 1I-E IXlCU\t3I/T HAS !EN OILY
AIJlHORIZE)BY1I-E~BOOYOF1I-EAPPI.JCANT ANl1l-EAF'PI..ICAtII1MCCIM'l.YV\ITH1I-EATTACIElASSlR<\NCESF1I-EASSISTANCEIS/IINI!R:sJ.
a. Typed Name of Authorized Representative: I b. Title: City Manager c. Telephone Number: 540-853-2333
Darlene L. Burcham
d. Signature of Authorized Representative: e. Date Signed:
Previous Editions Not Usable
Standard Form 424 (REV 7-97)
Prescribed by OMS Circular A-102
Authorized for Local Reproduction
OMB Approval No. 0348.0043
INSTRUCTIONS FOR THE SF 424
This is a standard form used by applicants as a required facesheet for preapplica1ions and applications submilled for
Federal assistance. It will be used by Federal agencies to obtain applicant certification thai Slates which have established
a review and comment procedure in response to Execu1ive Order 12372 and have selected 1he program to be included in
their process, have been given an opportunity to review the applicant's submission.
For preapplications, use a separate sheet to
Item: Entry: provide a summary description of 1his project.
1.
Self-explanatory.
2.
Date application submilled 10 Federal agency (or
State if applicable) & applicant's control number (if
applicable).
3.
Stale use only (if applicable).
4.
If this application is to continue or revise an exis1ing
award, en1er present Federal identifier number. If
for a new projec1, leave blank.
5.
Legal name of applican1, name of primary
organiza1ional unit which will undertake the
assistance activity, complete address of the
applicant, and name and telephone number of the
person to contact on mailers related to this
applica1ion.
6.
Enter Employer Identification Number (EIN) as
assigned by the Internal Revenue Service.
7.
En1er 1he appropriate leller in the space provided.
8.
Check appropriate box and enter appropriate
leller(s) in the space(s) provided:
--"New" means a new assistance award.
--"Continuation" means an ex1ension for an
addi1ional funding/budget period for a project with a
projected comple1ion dale.
--"Revision" means any change in the Federal
Government's financial obligation or contingen1
liability from an existing obliga1ion.
9.
Name of Federal agency from which assistance is
being requested with 1his application.
10. Use the Catalog of Federal Domestic Assistance
number and title of the program under which
assis1ance is requested.
11. Enter a brief description title of 1he project. If more
than program is involved, you should append an
explanation on a separa1e sheet. If appropriate
(e.g., construction or real property projects), allach
a map showing project location.
11em Entry:
18.
12.
List only the largest political entities affected (e.g.,
State, counties, cities).
13.
Self-explanatory.
14.
Lis1 1he applicant's Congressional District and
District(s) affected by the program or project.
15.
Amount reques1ed or 10 be contributed during the
first funding/budget period by each contributor.
Value of in-kind contributions should be included on
appropriate lines as applicable. If the action will
result in a dollar change to an existing award,
indicate on/v the amount of 1he change. For
decreases, enclose the amounts in parentheses. If
both basic and supplemental amounts are included,
show breakdown on an allached sheet. For multiple
program funding, use 10tals and show breakdown
using same categories as item 15.
16.
Applicants should contact 1he Slate Single Point of
Contact (SPOC) for Federal Executive Order 12372
to de1ermine whe1her the application is subject to
the State intergovernmental review process.
17.
This question applies to the applicant organization,
no1 the person who signs as the authorized
representative. Categories of debt include
delinquent audit disallowances, loans and taxes.
To be signed by the authorized representative of
the applicant. A copy of the governing body's
authorization for you to sign this application as
official representative must be on fiie in the
applicant's office. (Certain Federal agencies may
require that this authorization be submilled as part
of the application.)
SF 424 (REV 7-97) Back
Authorized for Local Reproduction
OMS Approval No. 0348-0040
ASSURANCES -- NON-CONSTRUCTION PROGRAMS
Note: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the
awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If
such is the case, you will be notified.
As the dulv authorized reoresentative of the aoolicant I certify that the aoolicant:
(e) the Drug Abuse Office and Treatment Act of 1972
I. Has the legal authority to apply for Federal assistance, (P.L. 92-255), as amended, relating to nondiscrimination
and the institutional, managerial and financial capability on the basis of drug abuse; (f) the Comprehensive
(including funds sufficient to pay the non-Federal share Alcohol Abuse and Alcoholism Prevention, Treatment
of project costs) to ensure proper planning, management and Rehabilitation Act of 1970 (P.L. 91-616), as
and completion of the project described in this amended, relating to nondiscrimination on the basis of
application. alcohol abuse or alcoholism; (g) SS 523 and 527 of the
Public Health Service Act of 1912 (42 U.S.C. 290-dd-3
2. Will give the awarding agency, the Comptroller General and 290 ee-3), as amended, relating to confidentiality of
of the United States, and if appropriate, the State, alcohol and drug abuse patient records; (h) Title Vlll of
through any authorized representative, access to and the the Civil Rights Act of 1968 (42 U.S.c. S 3601 et seq.),
right to examine all records, books, papers, or documents as amended, relating to nondiscrimination in the sale,
related to the award; and will establish a proper rental or financing of housing; (I) any other
accounting system in accordance with generally accepted nondiscrimination provisions in the specific statute(s)
accounting standards or agency directives. under which application for Federal assistance is being
made; and U) the requirements of any other
3. Will establish safeguards to prohibit employees from nondiscrimination statute(s) which may apply to the
using their positions for a purpose that constitutes or application.
presents the appearance of personal or organizational
conflict of interest, or personal gain. 7. Will comply, or has already complied, with the
requirements of Titles II and III of the Uniform
4. Will initiate and complete the work within the applicable Relocation Assistance and Real Property Acquisition
time frame after receipt of approval of the awarding Policies Act of 1970 (P.L. 961-646) which provide for
agency. fair and equitable treatment of persons displaced or
whose property is acquired as a result of Federal or
5. Will comply with the Intergovernmental Personnel Act federally assisted programs. These requirements apply
of 1970 (42 U.S.c. SS 4728-4763) relating to prescribed to all interests in real property acquired for project
standards for merit systems for programs funded under purposes regardless of Federal participation 10
one of the nineteen statutes or regulations specified in purchases.
Appendix A of OPM's Standards for a Merit System of
Personnel Administration (5 C.F.R. 900, Subpart F). 8. Will comply with the provisions of the Health Act (5
US.c. SS 1501-1508 and 7324-7328) which limit the
6. Will comply with all Federal statutes relating to political activities of employees whose principal
nondiscrimination. These include but are not limited to: employment activities are funded in whole or in part
(a)Title VI of the Civil Rights Act of 1964 (Pol. 88-352) with State funds.
which prohibits discrimination on the basis of race, color
or national origin; (b) Title IX of the Education 9. Will comply, as applicable, with the provisions of the
Amendments of 1972, as amended (20 U.S.c. SS 1681- Davis-Bacon Act (40 U.S.C. SS 276a to 276a-7), the
1683, and 1685-1686), which prohibits discrimination on Copeland Act (40 U.S.c. S 276c and 18 U.S.C. SS 874),
the basis of sex; (c) Section 504 of the Rehabilitation Act and the Contract Work Hours and Safety Standards Act
of 1973, as amended (29 U.S.C. S 794), which prohibits (40 U.S.C. SS 327-333), regarding labor standards for
discrimination on the basis of handicaps; (d) the Age federally assisted construction subagreements.
Discrimination Act of 1975, as amended (42 U.S.c. 99
6101-6107), which prohibits discrimination on the basis 10. Will comply, if applicable, with flood insurance
of age; purchase requirements of Section 102(a) of the Flood
Disaster Protection Act of 1973 (P.L. 93-234) which
Standard Fonn424B (7-97)
Prescribed by OMB Circular A-102
Authorized for Local Reproduction
requires recipients in a special flood hazard area to
participate in the program and to purchase flood
insurance if the total cost of insurable construction and
acquisition of$10,000 or more.
11.
Will comply with environmental standards which may be
prescribed pursuant to the following: (a) institution of
environmental quality control measures under the
National Environmental Policy Act of 1969 (P.L. 91-
190) and Executive Order (EO) 11514; (b) notification
of violating facilities pursuant to EO 11738; (c)
protection of wetlands pursuant to EO 11990; (d)
evaluation of flood hazards in floodplains in accordance
with EO 11988; (e) assurance of project consistency with
the approved State management program developed
under the Coastal Zone Management Act of 1972 (16
U.S.c. SS 1451 et seq.); (f) conformity of Federal
actions to State (Clear Air) Implementation Plans under
Section 176(c) of the Clear Air Act of 1955, as amended
(42 U.S.C. S 7401 et seq.); (g) protection of underground
sources of drinking water under the Safe Drinking Water
Act of 1974, as amended, (P.L. 93-523); and (h)
protection of endangered species under the Endangered
Species Act of 1973, as amended, (P.L. 93-205).
(identification and protection of historic properties), and
the Archeological and Historic Preservation Act of 1974
(16 U.S.c. 469a-1 et seq.).
14.
Will comply with P.L. 93-348 regarding the protection
of human subjects involved in research, development,
and related activities supported by this award of
assistance.
12.
Will comply with the Wild and Scenic Rivers Act of
1968 (16 U.S.c. SS 1271 et seq.) related to protecting
components or potential components of the national wild
and scenic rivers system.
15.
Will comply with the Laboratory Animal Welfare Act of
1966 (P.L. 89-544, as amended, 7 U.S.c. 2131 et seq.)
pertaining to the care, handling, and treatment of warm
blooded animals held for research, teaching, or other
activities supported by this award of assistance.
13. Will assist the awarding agency in assuring compliance
with Section 106 of the National Historic Preservation
Act of 1966, as amended (16 U.S.c. 470), EO 11593
16.
Will comply with the Lead-Based Paint Poisoning
Prevention Act (42 U.S.C. SS 4801 et seq.) which
prohibits the use of lead based paint in construction or
rehabilitation of residence structures.
17.
Will cause to be performed the required financial and
compliance audits in accordance with the Single Audit
Act of 1984.
18.
Will comply with all applicable requirements of all other
Federal laws, executive orders, regulations and policies
governing this program.
SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE
City Manager
APPLICANT ORGANIZATION DATE SUBMITTED
City of Roanoke, Virginia
SF 4248 (7-97) Back
2005 Urban and Community Forestry Assistance Grants
BUDGET WORKSHEET
Applicant:
Grant Number:
Project Name:
City of Roanoke
05UCF23
Develoment Alternative & Guidelines for Tree Protection
CATEGORY Grant Share Applicant Cash In-Kind* Cash Donation Total
PERSONNEL SERVICES 13,500 1,059 17,103
(STAFF time) 31,662
FRINGE BENEFITS 3,235
3,235
PERSONNEL SERVICES
(VOLUNTEER time) 0
CONTRACTUAL SERVICES
(Consultants. landscape architects,
arborisls enrrineers, etc.) 0
TRAVEL 0
SUPPLIES & MATERIALS
0
EQUIPMENT
0
CONSTRUCTION
0
PRINTING
0
MISe.
(advertising, postage, o.Uice rent, etc.)
0
TOTAL 13,500 4,294 17,103 34,897
NOTE: Total of Applicant Share Column, In-Kind and Cash Donation Column must equal or exceed
Grant Share Column. *$17.55 is the federally accepted base rate for volunteers. You may use a higher value
for a professional who volunteers his professional services. For current volunteer rate info visit
htto:/lindeoendentsector.orq/media/20050324 time value_html
Note: The $17,103Iis1ed under Personnel In-Kind represents 558 hours
of work by Dan Henry, Roanoke's Urban Forester, at a rale of $30.65 per hour.
U.S. DEPARTMENT OF AGRICULTURE
Certification Regarding Debarment, Suspension, and Ineligibility
And Voluntary Exclusion - Lower Tier Covered Transactions
This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 7
CFR Part 3017, Section 3017.510, Participants' responsibilities. The regulations were published as Part IV of the
January 30,1989, Federal Register (pages 4722-4733). Copies of the regulations may be obtained by contacting the
Department of Agriculture agency with which this transaction originated.
(BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE)
(l) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its
principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by any Federal department or agency
(2) Where the prospective lower tier participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
City of Roanoke, Virqinia
Organization Name
OSUCF23
PR/Award Number of Project Name
Darlene L. Burcham, City Manaqer
Name and Title of Authorized Representative
Signature
Date
Fonn AD-I048 (2/89)
INSTRUCTIONS FOR CERTIFICATION
1. By signing and submitting this form, the prospective lower tier participant is providing the certification set
out on the reverse side in accordance with these instructions.
2. The certification in this clause is a material representation of fact upon which reliance was placed when
this transaction was entered into. If it is later determined that the prospective lower tier participant
knowingly rendered an erroneous certification, in addition to other remedies available to the Federal
Government, the department or agency with which this transaction originated may pursue available
remedies, including suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to which this
proposal is submitted if at any time the prospective lower tier participant learns that its certification was
erroneous when submitted or has become erroneous by reason of changed circumstances.
4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction,"
"participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily
excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections ofthe
rules implementing Executive Order 12549. You may contact the department or agency to which this
proposal is being submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this form that, should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a
person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this
covered transaction, unless authorized by the department or agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this form that it will include this clause
title '''Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion M Lower Tier
Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations
for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower
tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the
covered transaction, unless it knows that the certification is erroneous. A participant may decide the
method and frequency by which it determines the eligibility of its principals. Each participant may, but is
not required to, check the Nonprocurement List.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in
order to render in good faith the certification required by this clause. The knowledge and information of a
participant is not required to exceed that which is normally possessed by a prudent person in the ordinary
course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered
transaction knowingly enters into a lower tier covered transaction with a person who is suspended,
debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other
remedies available to the Federal Government, the department or agency with which this transaction
originated may pursue available remedies, including suspension and/or debarment.
2
Form AD-I048 (2/89)
Substitute Form W.g VIRGINIA DEPARTMENT OF FORESTRY
12/01/2000 (Nov.1990)
fsubw9po.dot
REQUEST FOR TAXPAYER IDENTIFICATION NUMBER(S) AND CERTIFICATION
RETURN THIS FORM TO THE REQUESTER WITHIN 30 DAYS - FAILURE TO RETURN MAY RESULT IN 31% eACKUP WITHHOLDING
Each person or organization doing business with the Commonwealth of Virginia must provide the following information.
ORGANIZATION ENTITY: (CHECK ONLY ONE)
0 INDIVIDUAL 0 NON. PROFIT ORGANIZATION
0 SOLE PROPRIETOR 0 FEDERAL AGENCY
0 PARTNERSHIP 0 STATE AGENCY
0 CORPORATION I:8J LOCAL GOVERNMENT
0 TRUST 0 POLITICAL SUBDIVISION
0 ESTATE 0 OTHER
ENTER THE FOLLOWING:
SOCIAL SECURITY NUMBER
And/Or
EMPLOYER IDENTIFICATION NUMBER
54.6001569
LEGAL NAME Note: Roanoke is a municipal corporation and is tax exempt under IRS Code Section 115.
(MUST MATCH THE SOCIAL SECURITY NUMBER. IF APPLICABLE)
TRADE NAME City or Roanoke, Virginia
(MUST MATCH THE EMPLOYER IDENTIFICATION NUMBER, IF APPLICABLE)
MAILING ADDRESS 215 Church Avenue SW
Roanoke, VA 24011
CONTACT PERSON Daniel J. Henry
TELEPHONE NUMBER 540.853.1994
PLEASE ANSWER THE FOLLOWING QUESTIONS:
IS YOUR ORGANIZATION (ASSOCIATION, CLUB, RELIGIOUS, CHARITABLE, EDUCATIONAL, OR OTHER
GROUP) TAX EXEMPT UNDER IRS CODE SECTION 501(A)?
ARE YOU A REAL ESTATE AGENT?
DYES
DNO
DYES
1:8:1 NO
CERTIFICATION: UNDER PENALTIES OF PERJURY, I CERTIFY THAT:
(1) The number(s) shown on this form is my correct taxpayer identification number(s) (or I am waiting for a number to be issued
to me), and (2) I am not subject to backup withholding either because I have not been notified that I am subject to backup
withholding as a result of failure to report all interest or dividends, or the Internal Revenue Service has notified me that I am no
longer subject to backup withholding.
[You must cross out item (2) above if you have been notified by IRS that you are currently subject to backup withholding because
of underreporting interest or dividends on your tax return. (see Signing the Certification under Specific Instructions on the Form
W.9 Instructions which follow.) ]
SIGNATURE
DATE
Return this form to Virginia Department of Forestry
gOO Natural Resources Drive, Suite 800, Charlottesville, VA 22903
E.)
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
August 8, 2005
File #60-72
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No.3 7134-080105 authorizing the City Manager
to accept a subaward, in the amount of $258,505.00, from Virginia Commonwealth
University, in connection with Virginia Institute for Social Service Training Activities,
as set forth in a letter from the City Manager addressed to the Council under date of
August 1, 2005.
The abovereferenced measure was adopted by the Council ofthe City of Roanoke at
a regular meeting which was held on Monday, August 1, 2005.
MFP:ew
Sincerely,
AttJ~.~~rn, ~O~
,t(;A..) Mary F. Parker, CMC
fJ City Clerk
Attachment
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
Jane R. Conlin, Director of Human Services
Meredith Burger, Supervisor, VISSTA Piedmont Area Training Center
K:\AGENDA CORRESPONDENCElagenda correspondence 05\Aug 05\Aug 1 2005 correspondence.doc
f)fC-
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1st day of August, 2005.
No. 37134-080105.
A RESOLUTION authorizing the acceptance ofa subaward in the amount of$258,505.00
from Virginia Commonwealth University and authorizing the City Manager to execute a sub award
agreement with Virginia Commonwealth University for such funds for local supervision and
operation of the Virginia Institute for Social Service Training Activities ("VISST A") Piedmont Area
Training Center, upon certain terms and conditions.
,
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The subaward from Virginia Commonwealth University for local supervision and
operation of the VISSTA Piedmont Area Training Center, in the amount of$258,505.00, as set forth
in the City Manager's letter, dated August 1,2005, to this Council is hereby ACCEPTED.
2. The City Manager, or her designee, is hereby authorized to execute any and all
requisite documents pertaining to the City's acceptance of these grant funds, and to furnish such
additional information as may be required in connection with the City's acceptance of these subgrant
funds. All documents shall be approved as to form by the City Attorney.
ATTEST:
rn'irjlflhV
"~ity Clerk.
K:\RESOLUTIONS\RESOUInQNS\R-VISSTA.08010S.DOC
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
Fa" (540) 853-1138
CityWeb: www.roanokegov.com
August 1, 2005
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:
Virginia Commonwealth
University, VISSTA Subaward
Agreement
Background:
The Virginia Department of Social Services grants funds to VCU for the
operation of five Virginia Institute for Social Service Training Activities (VISSTA)
Area Training Centers throughout the Commonwealth. The City of Roanoke
Department of Social Services has received an annual subaward for the local
supervision and operation of the Piedmont Area Training Center since 1998.
Considerations:
City Council adopted a budget of $373,357 for this 2006 fiscal year program.
The actual subaward amount is $258,505 for the first half of the fiscal year. A
new subaward for the second half of the fiscal year will be issued this fall. We
expect the total amount of the subaward will exceed the adopted budget. This
subaward is issued on a cost reimbursable basis.
The VISSTA program provides valuable training classes for local Department of
Social Services staff, including social workers, eligibility workers, their
supervisors and administrative staff. They also provide training for local
Department of Social Services approved or state licensed child care providers.
These training events enhance the knowledge and skills of these staff and child
care providers, such that vulnerable children, adults and families are effectively
assisted in obtaining an appropriate level of safety and self-sufficiency.
Honorable Mayor and Members of City Council
August 1, 2005
Page 2
Recommended Action:
Authorize the City Manager or her designee to accept the $258,505 subaward
from VCU, and to execute the subaward Agreement.
0&
Darlene L. Bu
City Manage
DLB:tem
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
Jane R. Conlin, Director of Human/Social Services
Meredith Burger, Supervisor, VISSTA Piedmont Area Training Center
CMOS-OOI13
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
August 8, 2005
File #178-200-236
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 37135-080105 authorizing the City Manager
to execute Amendment No. 1 to the 2004-2005 Agreement with Community
Housing Partners Corporation, Inc., to conduct housing activities using Community
Development Block Grant and HOME Investment Partnerships Program funds, upon
certain terms and conditions, as more particularly set forth in a letter from the City
Manager addressed to the Council under date of August 1, 2005.
The abovereferenced measure was adopted by the Council ofthe City of Roanoke at
a regular meeting which was held on Monday, August 1, 2005.
MFP:ew
iiiJ~'on. rvrv
~Mary F. Parker, CMC
tJ - - City Clerk
Attachment
pc: Jesse A. Hall, Director of Finance
Sherman M. Stovall, Director, Office of Management and Budget
Frank E. Baratta, Budget Team Leader
K:\AGENDA CORRESPONDENCElagenda correspondence 05\Aug 05\Aug 1 2005 correspondence.doc
~\6
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 1st day of August, 2005.
No. 37135-080105.
A RESOLUTION authorizing the appropriate City officials to execute an Amendment
No. 1 to the 2004-2005 Agreement with Community Housing Partners Corporation, Inc.
("CHPC") to conduct housing activities using Community Development Block Grant ("CDBG")
and HOME Investment Partnerships Program ("HOME") funds, upon certain terms and
conditions.
WHEREAS, by Resolution No. 36764-070604, aClopted July 6, 2004, the Council of the
City of Roanoke, Virginia, ("Council") authorized appropriate City Officials to enter into the
2004-2005 Agreement with CHPC to conduct certain housing activities using CDBG and HOME
funds; and
WHEREAS, by Resolution No. 37051-051005, adopted May 10, 2005, Council
approved, among other purposes, additional funding for CHPC's activities.
THEREFORE, BE IT RESOLVED by Council that the City Manager, and the City Clerk,
are hereby authorized to execute and attest, respectively, on behalf of the City, an Amendment
No. 1 to the 2004-2005 agreement with CHPC, approved as to form by the City Attorney, within
the limits of funds and for the purposes as are more particularly set forth in the City Manager's
letter dated August 1, 2005.
ib2: , rn. 1Yl~
; J ~';:~CI~k I
/.-\~,~~
_~""\1"1""~{"
r}
'-II.. .~J
--
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
August 1, 2005
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. Wish neff, Council Member
Dear Mayor Harris and Members of Council:
Subject: Amendment of 2004/2005
CDBG/HOME Agreement with
Community Housing Partners
Corporation, Inc. (CHPC)
Background:
For more than 25 years, Community Housing Partners Corporation (CHPC) has
successfully built and renovated housing in several localities across Virginia. On
July 6, 2004, by Resolution No. 36764-070604, City Council authorized execution
of CHPC's first contract to produce housing using Community Development Block
Grant (CDBG) and HOME Investment Partnerships Program (HOME) funds provided
by the City. Since that time, CHPC has been acquiring and rehabilitating eight
properties in the city's Hurt Park, Mountain View and West End neighborhoods.
At its special meeting held May 10,2005, City Council approved the City's 2005-
2010 Consolidated Plan, including activities designated to receive CDBG and
HOME funding during the FY 2005-2006 period. Among the designated activities
was continuing CHPC's housing efforts in these neighborhoods. The new 2005-
2006 CDBG and HOME funding provided for CHPC's activities totals $215,000.
These funds will allow CHPC to rehabilitate eight additional houses, for a total of
16 to be completed by June 30, 2006. The funds also provide for homebuyer
education, which is conducted by Blue Ridge Housing Development Corporation
through a cooperative agreement with CHPC.
The Honorable Mayor and Members of Council
August 1, 2005
Page 2
Considerations:
Section 2-124 ofthe City Code (1979, as amended) limits the City Manager's direct
authority to a maximum of $25,000 with respect to amending federally assisted
subgrant agreements. Therefore, City Council's authorization is required in order
to implement the actions called for by this amendment. Extending the 2004-2005
CHPC agreement and adding the necessary funding under a single amendment is
more efficient than creating a new agreement. All of the necessary funds have
previously been appropriated into the required accounts, as detailed in the draft
amendment included with this Council letter.
Recommended Action:
Authorize the City Manager to execute Amendment No. 1 to the 2004-2005
CDBG/HOME Agreement with CHPC, similar in form and content to the draft
attached to this report, and approved as to form by the City Attorney.
Res ectfully submitted,
,~~
Darlene L. B#C;:;~~
City Manager
DlB:feb
Attachment
c: Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Frank E. Baratta, Budget Team leader
CMOS-00I04
Attachment 1
AMENDMENT No.1
This Amendment No.1 is made and entered into this first day of July 2005, by and between the City of Roanoke,
Virginia, ("Grantee") and Community Housing Partners Corporation, Inc. ("Subgrantee").
WITNESSETH:
WHEREAS, by Resolution No. 36764-070604, the Council of the City of Roanoke, Virginia, ("Council")
approved the execution of a subgran1 agreement between the Grantee and the Subgrantee ("Agreement"); and
WHEREAS, by Resolution No. 37051-051005, Council approved the submission of the City's 2005-2010
Consolidated Plan, which included the Action Plan for 2005-2006, to the U.S. Department of Housing and Urban
Development ("HOD"), providing for, among other purposes, additional funding for the Subgrantee's activities;
and
WHEREAS, by Resolution No. _ - , Council approved the execution of this Amendment No.1 to the
Agreement, extending the time of performance, increasing the funding, and revising goals and other technical
proVISIOns;
NOW, THEREFORE, the parties hereto mutually agree to this Amendment No.1, 10 effect the following
changes:
1. Part 1, "SCOPE OF SERVICES," subpart b., "CHPC Homeownership Program," subsection (1),
"Rehabilitation Component," shall be revised to read:
* * * * *
Lb. (1) Rehabilitation Component - The Sub grantee shall rehabilitate existing vacant properties for resale
to eligible homebuyers. Activities may include property acquisition and the installation of
infrastructure related to the housing being assisted. Where advisable and mutually agreeable to the
Grantee and the Subgrantee, housing may be demolished (subject to historic and other
environmental review requirements) and reconstructed. Other housing assistance not involving new
homeownership activities shall not be undertaken unless expressly approved by the Grantee in
writing. All units assisted with HOME funds shall conform to standard HOME project set-up
procedures and documentation.
Performance Factors: The Grantee and Subgrantee mutually agree that, during the period of this
Agreement, approximately 16 single-family homes will be rehabilitated with the project funds made
available under this Agreement for this component and development funding leveraged by the
Subgrantee.
* * * * *
Page 1 of 3
2 Part 1, "SCOPE OF SERVICES," subpart f., "Period of this Agreement," shall be revised to read:
* * * * *
1.f. Period of this Agreement -- This Agreement shall be effective as of July 1, 2004, and, unless amended,
shall end June 30, 2006.
* * * * *
3. Part 1, "SCOPE OF SERVICES," subpart g., "Budget," shall be revised to read:
* * * * *
1.g. Budget - A total of $430,000 in CDBG and HOME funds is being provided by the Grantee under this
Agreement in the following accounts:
CDBG
CDBG
HOME
HOME
35-G05-0520-5419
35-G06-0620-5419
35-090-5312-5450
35-090-5313-5450
$67,203.00
$15,000.00
$147,797.00
$200,000.00
Not more than $20,000 of the CDBG funding indicated above shall be expended for costs of
homeownership education. 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 or HOME projects, as appropriate. The commitment of funds by the Grantee 10 this Agreement
shall not be construed as a commitment by the Grantee to provide further funding to this project.
* * * * *
The Agreement, dated July 1, 2004, shall remain unchanged in all other terms and provisions.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 as of the day and year
hereinabove written:
ATTEST:
FOR THE GRANTEE:
By
By
Darlene L. Burcham, City Manager
Mary F. Parker, City Clerk
WITNESS:
FOR THE SUBGRANTEE:
By
Glenn Goetsch, Vice Pres. of Homeownership
By
J anaka Casper, President
Page 2 of 3
APPROVED AS TO CDBGIHOME ELIGIBILITY
Department of Management and Budget
APPROVED AS TO EXECUTION
Assistant City Attorney
APPROVED AS TO FORM
Assistan1 City Attorney
APPROPRIATION AND FUNDS REQUIRED
FOR THIS CONTRACT CERTIFIED
Director of Finance
Date
Account #
35-G05-0520-5419 ($67,203.00)
35-G06-0620-5419 ($15,000.00)
35-090-5312-5450 ($147,797.00)
35-090-5313-5450 ($200.000.00)
Page 3 of 3
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
August 8, 2005
File #178-200-236
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No.3 7136-080105 authorizing the City Manager
to execute Amendment No.1 to the 2004-2005 Agreement with Blue Ridge Housing
Development Corporation to conduct housing activities using Community
Development Block Grant and HOME Investment Partnerships Program funds, upon
certain terms and conditions, within the limits of funds and for the purposes as
more particularly set forth in a letter from the City Manager addressed to the
Council under date of August 1, 2005.
The abovereferenced measure was adopted by the Council ofthe City of Roanoke at
a regular meeting which was held on Monday, August 1, 2005.
Sincerely,
~fh, '1~
"k..) Mary F. Parker, CMC
p....- City Clerk
MFP:ew
Attachment
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
Alvin Nash, President, Blue Ridge Housing Development Corporation, Inc.,
510 110h Street, N. W., Roanoke, Virginia 24017
K:\AGENDA CORRESPONDENCElagenda correspondence 05\Aug 05\Aug 1 2005 correspondence.doc
1~\f
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 1st day of August, 2005.
No. 37136-080105.
A RESOLUTION authorizing the appropriate City officials to execute an Amendment
No. 1 to the 2004-2005 Agreement with Blue Ridge Housing Development Corporation
("BRHDC") to conduct housing activities using Community Development Block Grant
("CDBG") and HOME Investment Partnerships Program ("HOME") funds, upon certain terms
and conditions.
WHEREAS, by Resolution No. 36867-100704, adopted October 7,2004, the Council of
,
the City of Roanoke, Virginia, ("Council") authorized appropriate City Officials to enter into the
2004-2005 Agreement with BRHDC to conduct certain housing activities using CDBG and
HOME funds; and
WHEREAS, by Resolution No. 36970-022205, adopted February 22, 2005, and by
Resolution No. 37051-051005, adopted May 10, 2005, Council approved, among other purposes,
additional funding for BRHDC's activities.
THEREFORE, BE IT RESOLVED by Council that the City Manager, and the City Clerk,
are hereby authorized to execute and attest, respectively, on behalf of the City, an Amendment
No. 1 to the 2004-2005 agreement with BREDC, approved as to form by the City Attorney,
within the limits of funds and for the purposes as are more particularly set forth in the City
Manager's letter dated August 1, 2005.
ATTEST:
~1I(""".\:(.p),fl>.e.'J;.\
,. ., ii\
,. .-
~."" ..:
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
August 1, 2005
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. Wish neff, Council Member
Dear Mayor Harris and Members of Council:
Subject: Amendment of 2004/2005
CDBG/HOME Agreement with
Blue Ridge Housing Develop-
ment Corporation (BRHDC)
Background:
At its special meeting held May 10,2005, City Council approved the City's 2005-
2010 Consolidated Plan, including activities designated to receive Community
Development Block Grant (CDBG) and HOME Investment Partnerships (HOME)
funding during the FY 2005-2006 period. Among the activities provided for was
continuing BRHDC's housing efforts in the Gainsboro neighborhood under Project
COLD("Gainsboro Opportunities Leveraging Development"), the City's most recent
effort to concentrate its CDBG and HOME resources, as well as funding for BRHDC
to acquire and assist housing in a distressed section of Hanover Avenue and to
repair several single-room occupancy (SRO) facilities it operates in the City. The
new 2005-2006 CDBG and HOME funding provided for these activities totals
$787,822. In addition, $40,000 in CDBG funds was previously approved and set
aside for the Hanover Avenue activities by City Council at its February 22, 2005,
meeting. Finally, an increase of $1 0,000 in CDBG funding is needed for BRHDC's
Demolition Fund activities to provide sufficient funds to remove two houses on the
1000 block of Gilmer Avenue that are too deteriorated for rehabilitation. The
amendment to the BRHDC agreement recommended by this letter addresses all
these project activities.
The Honorable Mayor and Members of Council
August 1, 2005
Pag e 2
Considerations:
Section 2-124 of the City Code (1979, as amended) limits the City Manager's direct
authority to a maximum of $25,000 with respect to amending federally assisted
subgrant agreements. Therefore, City Council's authorization is required in order
to implement the several actions called for by this amendment. Extending the
2004-2005 BRHDC agreement, incorporating the two new activities and adding the
necessary funding under a single amendment is more efficient and allows more
effective administration ofthe multiple activities undertaken by BRHDC. All ofthe
necessary funds have previously been appropriated into the required accounts, as
detailed in Attachment A of the draft amendment, which is included with this
Council letter.
Recommended Action:
Authorize the City Manager to execute Amendment No. 1 to the 2004-2005
CDBG/HOME Agreement with the BRHDC, similar in form and content to the draft
attached to this report, and approved as to form by the City Attorney.
Respectfully submitted,
Darlene L. Bur
City Manager
Attachment
c: Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Frank E. Baratta, Budget Team Leader
CMOS-00I0S
Atlachment 1
AMENDMENT No.1
This Amendment No.1 is made and entered into this first day of July 2005, by and between the City of Roanoke,
Virginia, ("Grantee") and Blue Ridge Housing Development Corporation, Inc. ("Subgrantee").
WITNESSETH:
WHEREAS, by Resolution No. 36867-100704, the Council of the City of Roanoke, Virginia, ("Council")
approved the execution of a subgrant agreement between the Grantee and the Sub grantee ("Agreement"); and
WHEREAS, by Resolution No. 37051-051005, Council approved the submission of the City's 2005-2010
Consolidated Plan, which included the Action Plan for 2005-2006, to the U.S. Department of Housing and Urban
Development ("HUD"), providing for, among other purposes, additional funding for the Subgrantee's activities;
and
WHEREAS, by Resolution No. _- , Council approved the execution of this Amendment No.1 to the
Agreement, extending the time of performance, increasing the funding, and revising goals and other technical
provisions;
NOW, THEREFORE, the parties hereto mutually agree to this Amendment No.1, to effect the following
changes:
1. Part 1, "SCOPE OF SERVICES," subpart b., "Proiect GOLD ("Gainsboro Opportunities Leveraging
Development")," shall be revised to read:
* * * * *
1.b. Proiect GOLD ("Gainsboro Opportunities Leveraging Development") -- In a manner consistent with the
Gainsboro Neighborhood Plan, and in coordination with the Roanoke Redevelopment and Housing
Authority, 1he Subgrantee shall conduc1 housing enhancement activities in the Gainsboro neighborhood
of the City. This may include new homeownership aC1ivities such as the construction of new infill
housing or the rehabilitation of existing vacant properties for resale to eligible homebuyers and
homeownership education activities. Activities may also include property acquisition and the
installation of infrastructure related to 1he housing being assisted. Other housing assistance not
associated with these new homeownership activities, such as the rehabilitation of existing owner-
occupied or rental housing, shall be undertaken only upon the Grantee's written authorization. The
CDBG and HOME funds provided by the Grantee under this Agreement for these activities may be
used for development subsidies or offered as direc1 financial assistance to eligible individuals in such
form or forms (e.g. grants, active or deferred loans, or other allowable forms of assistance) as are
mu1ually agreeable to the Grantee and the Subgrantee, and may be combined with financing provided
by other public or private agencies or ins1itutions. All units assisted with HOME funds shall conform to
standard HOME project set-up procedures and documentation. In conducting its housing activities, the
Subgrantee shall endeavor to keep the Gainsboro Steering Commitlee informed of its plans and
progress, and consider the advice and assistance of the Commitlee regarding project implementation.
Page 1 of 5
Performance Factors: The Gran1ee has estimated from the average cost and leveraging data supplied by
the Subgrantee that as many as 12 units could be assis1ed with the project funds made available under
this Agreement for 1his aC1ivity.
* * * * *
2. Part 1, "SCOPE OF SERVICES," subpart d., "Demolition Fund," shall be revised to read:
* * * * *
Ld. Demolition Fund - In coordination with the Grantee's Code Compliance office and appropriate
neighborhood organizations, the Sub grantee shall identify, acquire and demolish deteriorated housing
that is contributing to blight in the City. For a period not to exceed two (2) years, the property may be
"banked" while an appropriate disposition plan for 1he property is developed. Subject to the Grantee's
approval, such disposition plan may entail the Subgrantee's development of the property or transfer of
the property to a third party with the demonstrated capability to undertake the development. All such
properties assisted under this activity, whether direc1ly by the Subgrantee or indirectly, through the
efforts of third parties, shall result in affordable single-family housing 10 be sold to low- or moderate-
income families that shall use the housing as their principal dwelling. Agreements with third parties
shall incorporate all requirements of 1his Agreement and shall be subject to the approval of the Grantee.
Performance Factors: The Gran1ee has estimated from its own demolition experience that as many as 5
houses could be acquired and demolished with the project funds made available under this Agreement
for this activity. It shall be the goal for this activity that all demolition project funds be committed by
the Sub grantee within the period of this Agreement to specific properties through contracts for sale with
homeowners and contracts with demoli1ion contractors. Within 1wo years of the acquisition of a
property, the Subgran1ee will submi1 for the Grantee's approval a disposition plan for each such
property and will initiate each approved plan.
* * * * *
3 Part 1, "SCOPE OF SERVICES," subpart h, "Period of this Agreement," shall be revised to read:
* * * * *
1.h. Period of this Agreement -- This Agreemen1 shall be effective as of July 1, 2004, and, unless amended,
shall end June 30, 2006.
* * * * *
4. Part 1, "SCOPE OF SERVICES," shall be revised to insert anew subpart e., "HanoverProiect," which shall
read:
* * * * *
I.e. Hanover Proiect -- In coordination with the Washington Park Neighborhood Alliance, Faith Works in
the Roanoke Valley and other appropriate stakeholders, the Sub grantee shall conduct housing
enhancement activities in the area of Hanover, Staunton and Orange Avenues in the vicinity of Lucy
Page 2 of 5
Addison Magnet School. Using the funds provided by the Gran1ee, the Subgrantee shall secure such
additional resources as may be needed to create new homeownership opportunities through the
rehabilitation of deteriora1ed housing and their sale to eligible homebuyers. Activities may also include
property acquisition and the installation of infrastructure related to the housing being assisted. Other
housing assistance not associated with these new homeownership activities, such as the rehabilitation of
existing owner-occupied or rental housing, shall be undertaken only upon the Grantee's written
au1horization. The CDBG and HOME funds provided by the Grantee under this Agreement for these
aC1ivities may be used for development subsidies or offered as direc1 financial assistance to eligible
individuals in such form or forms (e.g. grants, active or deferred loans, or other allowable forms of
assistance) as are mu1ually agreeable to the Grantee and the Subgrantee, and may be combined with
financing provided by other public or private agencies or institutions. All units assisted with HOME
funds shall conform to standard HOME project set-up procedures and documentation.
Performance Factors: Using the funding provided by the Grantee and leveraged by the Subgrantee, a
total of 3 single-family homes will be renovated and sold to eligible homebuyers.
* * * * *
5. Part 1, "SCOPE OF SERVICES," shall be revised to insert a new subpart f., "Roanoke-At-Home Critical
Repair Proiect," which shall read:
* * * * *
1.f. Roanoke-At-Home Critical Repair Proiect -- Using the funds provided by the Grantee and funds
contributed by the Sub grantee, the Sub grantee shall undertake critical interior and exterior repairs
needed in its Single-Room Occupancy (SRO) facilities. Such repairs are anticipated to include the
replacement of carpeting with tile floors in all facilities, as well as bathroom renovations, painting and
wall repairs, foundation and roof repairs or other assistance to individual properties which are
consistent with the intent of this activity and allowable under HUD rules. Funds provided by 1he
Grantee shall no1 contribute to a main1enance reserve.
Performance Factors: Using the funds provided by the Grantee and those contribu1ed by the
Subgrantee, a total of 5 SRO facili1ies will be assisted through renovations, with at least a 20%
reduction in the vacancy rate to be evidenced within six months of the completion of the repairs.
* * * * *
6. Under Part 1, "SCOPE OF SERVICES," the subsections originally designated "e." through ')." shall be
redesignated "g." through "I.," respectively.
7. The CDBG and HOME funding made available by 1he Grantee under this Agreement shall be increased by
$837,822 to a total of $1 ,350,969, in accordance with the revised Attachment A, "2004/2005 BRHDC CDBG
and HOME Agreement Financial Accounts," included with this Amendment NO.1. The increase in funding
is distributed as follows: $10,000 added to the funding previously made available for the Demolition Fund;
$159,382 ($40,000 CDBG and $119,382 HOME/CHDO) provided for the new Hanover Project; $618,440
($184,031 CDBG and $434,409 HOME) added to the funding previously made available for Project GOLD;
and $50,000 CDBG provided for the new SRO Critical Repair Project.
The Agreement, dated July 1, 2004, shall remain unchanged in all other terms and provisions.
Page 3 of 5
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. I as of the day and year
hereinabove written:
ATTEST: FOR THE GRANTEE:
By By
Mary F. Parker, City Clerk Darlene L. Burcham, City Manager
ATTEST: FOR THE SUBGRANTEE:
By By
Cyndi Stultz, Secretary Alvin Nash, Executive Director
APPROVED AS TO CDBG/HOME ELIGIBILITY APPROVED AS TO FORM
Department of Management and Budget Assistant City Attorney
APPROPRIATION AND FUNDS REQUIRED
APPROVED AS TO EXECUTION FOR THIS CONTRACT CERTIFIED
Assistant City Attorney Director of Finance
Date
Account #
(See Attachment A)
Page 4 of 5
Attachment A
2004/2005 BRHDC CDBG and HOME Agreement
Financial Accounts
Description Project CHDO CHDO
Account # Support Admin
Project Oprtg Total
CDBG Funds:
35-G04-0420-_ Demolition Fund 10,000 10.000
35-G05-0520-5420 Demolition Fund 44.000 44,000
35-G05-0520-542I Demolition Fund 4.800 4,800
35-G05-0520-5422 Demolition Fund 1.200 1,200
Subtotal 54,000 4,800 1,200 60.000
35-G03-0320-5462 Hanover Project 40,000 40.000
35-G05-0520-5427 Project GOLD 66,041 66,041
35-G05-0520-5446 Project GOLD 10.000 10,000
35-G05-0520-5449 Project GOLD 85.094 85,094
35-G06-0620-5427 Project GOLD 135,000 135,000
35-G06-0620-5446 Project GOLD 25,000 25.000
35-G06-0620-5449 Project GOLD 24,031 24.031
Subtotal 109,125 201,041 35,000 345,166
35-G06-0620-5472 SRO Critical Repair 50,000 50.000
Total CDBG Funds: 253,125 205,841 36,200 495.166
HOME and HOMElCHDO Funds:
35-090-5313-5480 Hanover Project 10,853 10,853
35-090-5313-5481 Hanover Project 108.529 108,529
Subtotal 108,529 10,853 119.382
35-090-5312-5446 Project GOLD 17,709 17,709
35-090-5312-5449 Project GOLD 151,818 151,818
35-090-5305-5448 Project GOLD 3,534 3.534
35-090-5306-5448 Project GOLD 1,546 1,546
35-090-5308-5448 Project GOLD 28.138 28,138
35-090-5312-5447 Project GOLD 11,357 11,357
35-090-5312-5448 Project GOLD 113,565 113,565
35-090-5313-5446 Project GOLD 31.147 31,147
35-090-5313-5449 Project GOLD 320,982 320,982
35-090-5325-5449 Project GOLD 33.218 33,218
35-090-5326-5449 Project GOLD 23.407 23.407
Subtotal 529.425 48,856 146,783 11,357 736.421
Total HOME and HOMElCHDO Funds: 529.425 48.856 255,312 22.210 855,803
I TOTAL CDBGIHOME 782,550 205,841 85,056 255,312 22,210 1,350,969
Page 5 of 5
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
August 8, 2005
File #178-200-236
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 3713 7-080105 authorizing the City Manager
to execute Amendment No.1 to the 2004-2005 Agreement with the City of Roanoke
Redevelopment and Housing Authority to conduct housing activities using
Community Development Block Grant and HOME Investment Partnerships Program
funds, upon certain terms and conditions, within the limits of funds and for the
purposes as more particularly set forth in a letter from the City Manager addressed
to the Council under date of August 1, 2005.
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday, August 1, 2005.
Sincerely,
~~':--I rn. h1,W\.i
u..vMary F. Parker, CMC l..
f) - City Clerk
MFP:ew
Attachment
pc: Jesse A. Hall, Director of Finance
Sherman M. Stovall, Director, Office of Management and Budget
Frank E. Baratta, Budget Team Leader
John P. Baker, Executive Director, Roanoke Redevelopment and Housing
Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017
K:\AGENDA CORRESPONDENCElagenda correspondence 05\Aug 05\Aug 1 2005 correspondence.doc
/1\ /
~~~VJ)
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 1st day of August, 2005.
No. 37137-080105.
A RESOLUTION authorizing the appropriate City officials to execute an Amendment
No. 1 to the 2004-2005 Agreement with the City of Roanoke Redevelopment and Housing
Authority ("RRHA") to conduct housing activities using Community Development Block Grant
("CDBG") and HOME Investment Partnerships Program ("HOME") funds, upon certain terms
and conditions.
WHEREAS, by Resolution No. 36838-090704, adopted September 7, 2004, the Council
of the City of Roanoke, Virginia, ("Council") authorized appropriate City Officials to enter into
the 2004-2005 Agreement with the RRHA to conduct certain housing activities using CDBG and
HOME funds; and
WHEREAS, by Resolution No. 37051-051005, adopted May 10, 2005, Council
approved, among other purposes, additional funding for the RRHA' s activities.
THEREFORE, BE IT RESOLVED by Council that the City Manager, and the City Clerk,
are hereby authorized to execute and attest, respectively, on behalf of the City, an Amendment
NO.1 to the 2004-2005 agreement with the RRHA, approved as to form by the City Attorney,
within the limits of funds and for the purposes as are more particularly set forth in the City
Manager's letter dated August 1, 2005.
ATTEST:
~w~)In. )n~
.~~--:~-- City Clerk. - /
_'::.;';.'~l~_\J'i\~.)"
I' .' ."'t:v.,,~
, .
-. ,-
^,GJ
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
August 1, 2005
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 Council:
Subject: Amendment of 2004/2005
CDBG/HOME Agreement with
the Roanoke Redevelopment
and Housing Authority (RRHA)
Background:
Each year, the RRHA conducts a variety of housing programs using Community
Development Block Grant (CDBG) and HOME Investment Partnerships Program
(HOME) funds provided by the City. At its special meeting held May 10,2005, City
Council approved the City's 2005-2010 Consolidated Plan, including activities
designated to receive CDBG and HOME funding during the FY 2005-2006 period.
Among the designated activities was continuing the RRHA's housing efforts in the
Gainsboro neighborhood as part of Project COLD ("Gainsboro Opportunities
Leveraging Development"), the City's most recent effort to concentrate its CDBG
and HOME resources. The new 2005-2006 CDBG and HOME funding provided for
the RRHA's Project COLD activities totals $1,295,699. These funds will allow the
RRHA to continue its substantial and limited owner- and tenant-occupied housing
assistance, including emergency repairs and serving special needs populations,
but will add the ability to acquire property for housing development.
The contract amendment addressed by this Council letter also provides an
additional $394,546 in CDBG funds to the RRHA for activities to reduce derelict
structures in the City. In coordination with appropriate City departments, the
RRHA will acquire, rehabilitate and sell such properties to home buyers and/or
The Honorable Mayor and Members of Council
August 1, 2005
Page 2
offer subsidies to third parties for such purposes. A component of this activity
will use the "slums and blight" latitude provided under CDBG funds to rehabilitate
housing for sale to homebuyers above the low- and moderate-income level, thus
promoting income diversity in the city.
Considerations:
Section 2-124 of the City Code (1979, as amended) limits the City Manager's direct
authority to a maximum of $25,000 with respect to amending federally assisted
subgrant agreements. Therefore, City Council's authorization is required in order
to implement the actions called for by this amendment. Extending the 2004-2005
RRHA agreement, incorporating the new activities and adding the necessary
funding under a single amendment is more efficient and allows more effective
administration of the multiple activities undertaken by the RRHA. All of the
necessary funds have previously been appropriated into the required accounts, as
detailed in Attachment A of the draft amendment, which is included with this
Council letter.
Recommended Action:
Authorize the City Manager to execute Amendment No. 1 to the 2004-2005
CDBG/HOME Agreement with the RRHA, similar in form and content to the draft
attached to this report, and approved as to form by the City Attorney.
Respectfully submitted,
~
Darlene L. BurF am
City Manager V
DLB:feb
Attachment
c: Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Frank E. Baratta, Budget Team Leader
CMOS-OO 106
Attachment 1
AMENDMENT No.1
This Amendment No.1 is made and entered into this first day of July 2005, by and between the City of Roanoke,
Virginia, ("Grantee") and City of Roanoke Redevelopment and Housing Authority ("Subgrantee").
WITNESSETH:
WHEREAS, by Resolution No. 36838-090704, the Council of the City of Roanoke, Virginia, ("Council")
approved the execution of a subgrant agreemen1 between 1he Grantee and the Subgrantee ("Agreement"); and
WHEREAS, by Resolution No. 37051-051005, Council approved the submission of the City's 2005-2010
Consolidated Plan, which included the Action Plan for 2005-2006, to the U.S. Department of Housing and Urban
Developmen1 ("HUD"), providing for, among other purposes, additional funding for the Subgrantee's activities;
and
WHEREAS, by Resolution No. _- , Council approved the execution of this Amendment No.1 to the
Agreement, extending the time of performance, increasing the funding, and revising goals and other technical
provisions;
NOW, THEREFORE, the parties hereto mutually agree to this Amendment No.1, to effect the following
changes:
1. Part 1, "SCOPE OF SERVICES," subpart b., "Special Needs Program," shall be revised to read:
* * * * *
1.b. Special Needs Program -- The Subgrantee shall conduct the Critical Assistance Repair for the Elderly
(CARE) and Quick Response to Emergencies (Quick Response) activities in the Gainsboro, Gilmer and
Southeast neighborhoods of 1he City. Both programs shall use the funds provided by the Grantee to
offer grants for non-cosmetic, emergency home repairs. CARE shall be specifically targeted to very-
low-income, at-risk and frail elderly homeowners, and shall be conducted in coordination with the
Local Area Agency on Aging. At least 50% and at least 40% of the project funds provided for the
Special Needs Program shall assist homeowners in the Gainsboro and Gilmer neighborhoods,
respectively; not more than 10% of the project funds may assist homeowners in the Southeast
neighborhoods. The costs oflead paint and other environmental assessments related to homes assisted
under the Special Needs Program shall be charged to the project funds made available for this Program.
(Note: "Rental Rehabilitation" is no1 authorized under 1his program.)
Performance Factors: The Grantee has estimated from average cost data for the prior year of operations
of these activities that as many as 26 units could be assisted with the project funds made available under
this Agreement.
* * * * *
Page 1 of 4
2. Part 1, "SCOPE OF SERVICES," subpart C., "Proiect GOLD ("Gainsboro Opportuni1ies Leveraging
Development")," shall be revised to read:
* * * * *
1.c. Proiect GOLD ("Gainsboro Opportunities Leveraging Development") - In a manner consisten1 with the
Gainsboro Neighborhood Plan, and in coordination with the Blue Ridge Housing Development
Corporation, the Subgrantee shall conduct housing enhancement aC1ivities in the Gainsboro
neighborhood of the City. Such housing activities may include 1he rehabilitation of existing owner-
occupied or ren1al housing. Activities may also include the installation of infrastructure related to the
housing being assisted. Other housing activities, such as property acquisition, new infill housing
construction or other homebuyer assistance shall be undertaken as mutually agreeable to the Grantee
and Subgrantee. The CDBG and HOME funds provided by the Grantee under this Agreement for these
activities may be offered in the form of direct financial assistance to eligible individuals in such form or
forms (e.g. grants, active or deferred loans, or other allowable forms of assistance) as are mutually
agreeable to the Grantee and the Sub grantee, and may be combined with financing provided by other
public or private agencies or institutions. All units assisted with HOME funds shall conform to standard
HOME project set-up procedures and documentation. In conducting its housing activities, the RRHA
shall endeavor to keep the Gainsboro Steering Committee informed of its plans and progress, and
consider the advice and assistance of the Committee regarding project implementation.
Performance Factors: The Grantee has estimated from average owner-occupied rehabilitation cost data
from the prior years that as many as 14 units could be assisted with the project funds made available
under this Agreement.
* * * * *
3 Part 1, "SCOPE OF SERVICES," subpart g, "Period of this Agreement," shall be revised to read:
* * * * *
1.g. Period of this Agreement -- This Agreement shall be effective as of July 1,2004, and, unless amended,
shall end June 30, 2006.
* * * * *
4. Part 1, "SCOPE OF SERVICES," shall be revised to insert a new subpart d., "Derelict Structures Program,"
which shall read:
* * * * *
l.d. Derelict Structures Program -- In coordination with the Grantee's Department of Housing and
Neighborhood Services and other appropriate stakeholders, the Sub grantee shall conduc1 housing
activities intended to reduce the number of derelict structures in the city. Using the funds provided by
the Grantee, the Subgrantee shall acquire. rehabilitate and sell such properties to homebuyers and/or
offer to third parties such subsidies or incentives as may be mutually agreeable to the Grantee and
Sub grantee to achieve such purposes. Of the funds made available by the Grantee, such amounts as
may be specifically designated by the Grantee, may be used by the Subgrantee for the acquisition and
Page 2 of 4
rehabilitation, or for subsidies or incentives to third parties for the acquisition and rehabilitation, of
housing to be sold to homebuyers with household incomes exceeding the limits described in section
I.e., "Eligible Homeowner/Homebuver," ofthe Agreement
Performance Factors: Using the funding provided by the Gran1ee and leveraged by the Subgrantee
and/or provided by third parties assis1ed by the Derelict Structures Program, a total of 8 derelict houses
will be acquired, rehabilitated and sold to homebuyers.
* * * * *
5. Under Part 1, "SCOPE OF SERVICES," the subsections originally designated "d." through "i." shall be
redesignated "e." through "j.," respectively.
6. The CDBG and HOME funding made available by the Grantee under this Agreement shall be increased by
$1,690,245 to a total of $2,412,175, in accordance with the revised Attachment A, "2004/2005 RRHA CDBG
and HOME Agreement Financial Accounts," included with this Amendment No.1.
The Agreement, dated July 1, 2004, shall remain unchanged in all other terms and provisions.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 as of the day and year
hereinabove written:
ATTEST: FOR THE GRANTEE:
By By
Mary F. Parker, City Clerk Darlene L. Burcham, City Manager
WITNESS: FOR THE SUBGRANTEE:
By By
Sue Marie Worline, Executive Assistan1 John P. Baker, Executive Director
APPROVED AS TO CDBG/HOME ELIGIBILITY APPROVED AS TO FORM
Department of Managemen1 and Budget Assistant City Attorney
APPROPRIATION AND FUNDS REQUIRED
APPROVED AS TO EXECUTION FOR THIS CONTRACT CERTIFIED
Assistant City Attorney Director of Finance
Date
Accoun1 #
(See Attachment A)
Page 3 of 4
Attachment A
2004/2005 RRHA COBG and HOME Agreement
Financial Accounts
Account # Description Project Support Admin Total
CDBO Funds:
35-005-0520-5432 Special Needs Program 119,974 0 0 119,974
35-005-0520-5433 Special Needs Program 0 38.128 0 38.128
35-005-0520-5434 Special Needs Program 0 0 8.694 8.694
Subtotal 119.974 38,128 8,694 166,796
35-G05-0520-5454 Project OOLD 225,025 0 0 225,025
35-005-0520-5430 Project OOLD 0 170,583 0 170.583
35-005-0520-5453 Project GOLD 0 0 35.405 35.405
35-006-0620-5454 Project GOLD 333,691 0 0 333,691
35-G06-0620-5430 Project GOLD 0 278,988 0 278.988
35-G06-0620-5453 Project GOLD 0 0 74,520 74.520
35-G05-0520-5469 Project GOLD - Cherry Hill Acquisition 266,786 0 0 266,786
35-G06-0620-5469 Project GOLD - Cherry Hill Acquisition 341.714 0 0 341.714
Subtotal 1,167.216 449,571 109.925 1,726,712
35-004-0420-5397 Derelict Structures Program 294.546 0 0 294,546
35-005-0520-5435 Derelict Structures Program 100,000 Q Q 100.000
Subtotal 394,546 0 0 394.546
Total CDBG Funds 1,681,736 487,699 118,619 2,288,054
HOME Funds:
035-090-5312-5454 Project GOLD 111,709 NA 0 111.709
035-090-5312-5453 Project GOLD 0 NA 12.412 .J.M.ll
Subtotal 111,709 NA 12.412 124.121
Total HOME Fnnds 111,709 0 12,412 124,121
TOTAL CDBG AND HOME 1,793,445 487,699 131,031 2,412,175
Page 4 of 4
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
August 8, 2005
File #2-178-236
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No.3 7138-080105 authorizing the City Manager
to execute the 2005-2006 Community Development Block Grant Subgrant
Agreement with C2C Home, LLC, upon certain terms and conditions, within the
limits of funds and for purposes as more particularly set forth in a letter from the
City Manager addressed to the Council under date of August 1, 2005.
The above referenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday, August 1, 2005.
Sincerely,
~~~rn,~
.t.o..uMary F. Parker, CMC
() ~ - City Clerk
MFP:ew
Attachment
pc: Jesse A. Hall, Director of Finance
Rolanda B. Russell, Assistant City Manager for Community Development
James Grigsby, Acting Assistant City Manager for Operations
Sherman M. Stovall, Director, Office of Management and Budget
Frank E. Baratta, Budget Team Leader
K:\AGENDA CORRESPONDENCE\agenda correspondence 05\Aug 05\Aug 1 2005 correspondence.doc
;:.1. (
.p ~I:)
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IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1st day of August, 2005.
No. 37138-080105.
A RESOLUTION authorizing the City Manager to enter into the 2005-2006 Community
DevelopmentBlock Grant (CDBG) sub grant Agreement with the C2C Home, LLC, upon certain
terms and conditions.
BE IT RESOLVED by the Council of the City of Roanoke, Virginia, that the City Manager,
and the City Clerk, are hereby authorized to execute and llttest, respectively, on behalf of the City,
the 2005-2006 Agreement with C2C Home, LLC, approved as to form by the City Attorney, within
the limits of funds and for the purposes as are more particularly set forth in the City Manager's letter
dated August 1, 2005, to this Council.
ATTEST:
~~Yh.'1u~
~y~ CIty Clerk. .
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
August 1, 2005
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. Wish neff, Council Member
Dear Mayor Harris and Members of Council:
Subject: 2005-2006 CDBG-funded Agreement
with C2C Home, LLC
Backg rou nd:
During the past year, SmithLewis Architecture, under contract to the Council of
Community Services (CCS), undertook the "Cradle to Cradle (C2C) Home Design
Competition." Promoting Roanoke as a leader in the field of quality, sustainable and
affordable housing design, this international competition attracted over 625 designs
and participants from 41 countries worldwide. The City provided $30,000 in local
funds and an additional $100,000 in 2004-2005 Community Development Block Grant
(CDBG) funds for this initial phase of the project.
Well before the January 2005 selection of the winning designs, Smith Lewis and CCS
began preparing for the implementation phase of the project. A number of for-profit
and nonprofit builders, such as Fralin and Waldron, Inc., Building Specialists, Inc., Blue
Ridge Housing Development Corporation and the Roanoke Redevelopment and Housing
Authority, are partnering to develop housing using the designs and concepts brought
forth by the competition.
At its special meeting held May 10,2005, City Council approved the City's 2005-2010
Consolidated Plan, including activities designated to receive CDBG funding during the
FY 2005-2006 period. Among the designated uses was the second $100,000 in CDBG
funds for the C2C Home development phase.
The Honorable Mayor and Members of Council
August 1, 2005
Page 2
Considerations:
The impetus for a design competition originated with the CCS, which served as the
recipient of both the local and CDBG funds previously provided by the City. However,
given that the CCS is not a development entity, it has desired that a more appropriate
entity assume responsibility for the project's building phase. In February 2005, C2C
Home, LLC, was formed as a subsidiary of the Cabell Brand Center for Poverty &
Resources Studies and duly organized under the rules of the Commonwealth of
Virginia, as certified by the State Corporation Commission. C2C Home, LLC, will
succeed the CCS as entity responsible for the next phase of the project. In addition to
confirming the successor entity and its legal status, the City required that, as a
prerequisite to executing a contract for the $100,000 in CDBG funds, the entity raise at
least $ 75 ,000 from sources other than the City for construction management, which is
not reimbursable with CDBG funds. A total of $200,000, including a commitment for
$ 50,000 a year for three years from one source has been raised, satisfying the City's
second stipulation. CDBG funds are available in account 3S-G06-0620-5426 and will be
used for property acquisition, site preparation, other preconstruction costs and
plan ning/adm i nistration.
Recommendation:
Authorize the execution of the 2005-2006 CDBG Subgrant Agreement with the C2C
Home, LLC, similar in form and content to the draft agreement attached to this report,
and approved as to form by the City Attorney.
Respectfully submitted,
Attachment
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
James Grigsby, Acting Assistant City Manager for Operations
Sherman M. Stovall, Director of Management and Budget
Frank E. Baratta, Budget Team Leader
CMOS-OOlll
Attachment 1
AGREEMENT
This agreement is made and entered into this 1st day of July 2005, by and between the following parties:
The Grantee
City of Roanoke, Virginia
215 Church Avenue, S.W.
Roanoke, Virginia 24011
The Sub grantee
C2C Home, LLC
18 W. Kirk Avenue
Roanoke, Virginia 24011
WITNE S SE T H:
WHEREAS, by Resolution No. 37051-051005, the Council of the City of Roanoke, Virginia, ("Council")
approved the submission of the Grantee's 2005-2010 Consolidated Plan, which included the Action Plan for
2005-2006, to the U.S. Department of Housing and Urban Development ("HUD"), providing for, among
other purposes, Community Development Block Grant ("CDBG")funding for the Subgrantee's activities;
and
WHEREAS, by Resolution No. 37087-062005 and by Ordinance No. 37086-062005, Council accepted and
appropriated the 2005-2006 CDBG funds; and
WHEREAS, by Resolution No. _-
between the Grantee and the Subgrantee;
, Council approved the execution of a sub grant agreement
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. SCOPE OF SERVICES:
a. General- The activities of the Subgrantee under this Agreement represent the continuation of the
efforts begun with the "Cradle to Cradle (C2C) Home Design Competition." The competition was
held to obtain creative and innovative design concepts consisten1 with the green building principles
embodied in "Cradle to Cradle (C2C): Remaking the Way We Make Things," by McDonough and
Braungart (2002). The emphasis under this Agreement shall be to move from the concept phase to
the development of housing to benefit eligible homebuyers, as described below. This shall be
accomplished through CDBG funding provided by the Grantee and other funds and resources
secured by the Sub grantee. Any property acquired or improved with CDBG funds shall benefit
such eligible homebuyers.
b. Activities and Uses of Funds - HUD rules limit the use of CDBG funds for new construction, such
1hat the housing development activities of the Subgrantee under this Agreemen1 shall fall within
only the following categories.
Page 1 of 19 Pages
(1) Acquisition - The Subgrantee's activities under this Agreement may include the acquisiition of
real property, upon which housing will be constructed by it or a third party. Funds may be
expended for the purchase price, closing costs, rela1ed legal costs, including costs associated
with transferring such property to third parties for development, environmental reviews (see
section 13.e.) and other reasonable costs related to such property acquisitions. It is anticipated
that any such property to be acquired will be vacant land. Due to relocation and one-for-one
replacement requirements associated with federal assistance, in no event shall the Subgran1ee
acquire any property with an existing structure, whether occupied or unoccupied, wi1hout the
prior written consent of the Grantee.
(a) Reasonable Purchase Prices - Any property this is acquired with funds provided under this
Agreement shall be acquired at a price consistent with City assessments, appraisals or other
comparable and documented cost determination. The Subgrantee shall not acquire any
property for a price inconsistent with this provision.
(b) Propertv Transfers Restrictions - The transfer or other conveyance 10 a third party of any
property acquired by the Subgrantee with funds provided under this Agreement shall ensure
the compliance of such third party with applicable federal requirements, including, but not
limited to, the ultimate sale of the home to an eligible buyer, as defined in section l.d.
below. The Subgrantee shall ensure the compliance of any such third party through a
binding instrument, satisfactory in form and content to the Grantee, which incorporates the
terms and condi1ions of this Agreement and which, should the third party's use of the
property not conform with such terms and conditions, provides for the third party's
repayment 10 the Grantee of the funds provided under this Agreement that were invested in
the property's acquisition or improvement
(2) Site Preparation - The Subgrantee's activities under this Agreement may include preparation of
any si1e which is to be developed for housing. These activities include: clearance (demolition);
removal of debris; grading; infrastructure improvements to the site; and other such site
improvements.
(3) Other Preconstruction - The Subgrantee's activities under this Agreement may include other
preconstruction activities associated with the housing to be developed. These aC1ivities
include: coordinating with participating organizations to expedite the assemblage of sites and
land transfers; securing building materials from suppliers at no cost to the program; providing
training to housing developers on the C2C building philosophy, methods and materials; and
providing product informa1ion and similar technical support to housing developers.
(4) Planning and Administra1ion - The Subgrantee's activities under this Agreement may include
planning and administration activities in support of the project These activities may include:
coordination with neighborhood groups and other stakeholders, including general community
outreach and the coordination and dissemination of information on the C2C project and green
building subjec1s; development of general project plans and cost estimates (but not site, utili1y
or olher specific plans, including engineering or construction plans, or estimates); coordination
of the various developers, businesses, agencies and organizations involved in the project; and
C2C adminis1ra1ion and other overhead associated with the project Note: Costs incurred for
the general benefit, enhancement or development of the C2C Home, LLC, and not directly
Page 2 of 19 Pages
associated with or attributable to the project, may not be reimbursed through funds provided by
the Grantee under this Agreement.
c. Activities Prohibited - As indicated by section l.b., HUD rules limit the use of CDBG funds
for new housing construction, such that only those activities described above may be conducted
without the express approval of the Grantee. As a consequence of these limitations, the
Sub grantee is prohibited from using any of the funds provided under this Agreement for staff
time or other costs associated with construction management or other activities that subsidize
or assist new residential construction. For the purposes of this Agreement, "construction
management" means the supervision, direction or oversight of actual construction activities,
both on and off the worksite, and implies some measure of control over the housing developers
and their workers in the engineering and building of the housing. Activities of the Sub grantee
of a more general nature to train or educate developers, their workers or others regarding green
building and related concepts, principles, methods, materials and similar subjects (as in section
l.b.(3) and (4) above) are not considered "construction management" for the purposes of this
Agreement.
d. Eligible Homebuvers - This section shall apply to housing developed on land acquired or
improved using 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 HUD and in effect at the time the family
enters into a contract to acquire housing assisted by funds provided under this Agreement. In
addition, the family must ensure that the home to be acquired shall be used as its principal
residence. The Subgrantee, or any third party which receives property acquired or improved
with CDBG funds under this Agreement, shall prepare and retain with records of the Project
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 the family contracts to acquire housing assisted under this Agreement.
e. Deliverables - The efforts of the Sub grantee pursuant to the activities set forth under this
Agreement are expected to result in the development and sale to eligible homebuyers of not
less than ten (10) homes incorporating housing design elements resulting from the C2C Home
Design Competition, and building methods and materials compatible with C2C concept.
2. PERIOD OF PERFORMANCE
This Agreement shall be effective as of July 1,2005, and, unless amended, shall end June 30, 2006.
3. BUDGET
Unless amended, the total amount of CDBG funds provided by the Grantee under this Agreement
shall not exceed $100,000. Of this amount, not more than $10,000.00 may be used for general
administrative and other "overhead" expenses of the Subgrantee associated with the project.
Page 3 of 19 Pages
4. REQUESTS FOR DISBURSEMENTS OF FUNDS
a. This is a cost-reimbursement Agreement. Disbursement offunds under this Agreement may be
requested only for necessary, reasonable and allowable costs for which the Sub grantee has
made payment during the period of performance set forth in section 2 above.
b. 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.
c. Disbursement of requested funds to the Sub grantee 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).
d. 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.
e. An amount equal to 5% of each payment shall be retained by the Grantee and shall be released
upon completion to the Grantee's satisfaction of the Scope of Services and deliverable (see
section 1 above), and the submission by the Subgrantee of any outstanding reports, documents
or other materials due to the Grantee.
5. RECORDS REQUIREMENTS
a. Records to be maintained - At a minimum, the Sub grantee shall maintain financial and project
documents and records which comply with the requirements of 24 CFR 570.506, and 570.507,
as applicable.
b. 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.
c. 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.
Page 4 of 19 Pages
6. REPORTING REOUIREMENTS
a. By the 7th working day following the end of each month, the Subgrantee shall report the
progress of activities covered by this 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).
b. The Sub grantee agrees to submit any other reports or documentation as requested by the
Grantee concerning activities covered under this agreement.
7. 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.
8. ANNUAL AUDIT
As an entity receiving less than $300,000 in federal funding from the Grantee, the Sub grantee 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.
9. 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.
10. REVERSION OF ASSETS
a. Upon expiration or termination of this Agreement, including any amendments thereto, the
Sub grantee 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.
Page 5 of 19 Pages
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 Sub grantee 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 Sub grantee agrees to require compliance with applicable federal regulations
of the contractor by agreement.
13. OTHER PROGRAMJPRO,JECT REOUIREMENTS
In addition to other requirements set forth herein, the Subgrantee shall likewise comply with the
applicable provisions of Subpart 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.
a. Propertv 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 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.
b. 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.)
Page 6 of 19 Pages
c. Conditions for religious organizations - Religious organizations may participate in activities
under this Agreement, including as the third party developers of housing on property acquired
and/or improved with funds provided by the Grantee, on the same basis as any other entity.
However, such religious organizations may not use any CDBG-assisted property or funds in
any manner that promotes inherently religious purposes, nor may such organizations require
religious activities on the part of potential homebuyers ofhousing or apply religious criteria in
the identification or selection of potential homebuyers.
d. 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.
e. 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. For any unimproved property to be acquired or otherwise
assisted using funds provided by the Grantee under this Agreement, the Subgrantee shall at
minimum ensure an "environmental transaction screen" is obtained through a qualified source
to determine the condition of each site under consideration. In the event that the property
under consideration entails the demolition of existing deteriorated structures, the Sub grantee
shall in addition obtain both lead and asbestos surveys. The reports of the environmental
transaction screen and any lead and asbestos surveys shall be submitted to the Grantee's
Department of Management and Budget for review. The Grantee reserves the right to reject
the disbursement of funds for the acquisition of or other assistance to any property for which
environmental conditions fail to meet requirements. The Subgrantee shall also submit to the
Grantee the housing construction specifications proposed for any property acquired or assisted
under this Agreement 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.
f. 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.
g. Emplovment 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 low- and very-low-income persons. (See also
Page 7 of 19 Pages
Attachment C.)
h. 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 Sub grantee will consult appropriate
references, including, but not limited to, the Excluded Parties Listing Service website at
http://epls.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.
1. Uniform administrative requirements - The Sub grantee 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.
J. 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 Sub grantee 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. EOUAL 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 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.
b. The Sub grantee, 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.
c. 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.
d. 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.
Page 8 of 1 9 Pages
15. DRUG-FREE WORKPLACE
The Sub grantee 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 Virginia (1950), as amended. the Citv of Roanoke does not
discriminate against faith-based organizations.
17. THIRD-PARTY CONTRACTS
The Grantee shall not be obligated or liable hereunder to any party other than the Subgrantee.
18. INDEMNIFICATION
The Sub grantee agrees and binds itself and its successors and assigns to indemnify, 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 Sub grantee 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 jointly with 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 Sub grantee will pay such settlement or judgement 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
Page 9 of 19 Pages
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.
21. 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.
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 project. In such
event or events, such changes which are mutually agreed upon by and between the Grantee and the
Sub grantee shall be incorporated by written amendment into 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 Sub grantee'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.
Page 10 of 19 Pages
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year
hereinabove written:
ATTEST:
FOR THE GRANTEE:
By
By
Mary F. Parker, City Clerk
Darlene L. Burcham, City Manager
WITNESS:
FOR THE SUB GRANTEE:
By
By
Jennifer S. Lewis, Board Member
Gregg A. Lewis, Executive Director
APPROVED AS TO CDBG ELIGIBILITY
APPROVED AS TO FORM
By
Department of Management and Budget
By
Assistant City Attorney
APPROVED AS TO EXECUTION
APPROPRIATION AND FUNDS
FOR THIS CONTRACT CERTIFIED
By
By
Assistant City Attorney
Director of Finance
Date
Account #
35-G06-0620-5426 $100.000
Page II of 19 Pages
Attachments
Attachment A - HousinglBeneficiary Reporting Elements
Attachment B - HousinglBeneficiary Demographics Report
Attachment C - Special Federal Terms and Conditions
Page 12 of 19 Pages
Attachment A
HousinglBeneficiary 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 Sub grantee 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 cumulative to date and include:
Property
Address
Number of bedrooms
Status (pending, under construction, completed or sold)
Homebuyer
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 LD. 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 LD. Number (or Owner Social Security Number)
Whether Minority-Owned, Women-Owned or Both
CDBG funds committed to Subcontractor
Page 13 of 19 Pages
Attachment B
HousinglBeneficiary 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
Program I Activity Name Reporting Period
1 Counts by: - Households or - Persons? (Check the one that applies.)
2 # of New Participants this Period (if applicable):
3 TOTAL # BENEFITING FROM ACTIVITY: (cumulative to date)
(Beginning 07/01/04 - Ending 06/30/05)
4 RACIAL INFORMATION (cumulative to date) # TOTAL # HISPANIC
White:
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-Racial:
TOTAL:
5 # - FEMALE HEAD OF HOUSEHOLD: (cumulative to date)
6 INCOME INFORMATION (cumulative to date) # TOTAL
< 80% of Median (Low Income Limit)
< 50% of Median (Very Low Income)
< 30% of Median
TOTAL:
Prepared by: Date Prepared:
Revised 03/05/2004
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)
1. "Section 3" Compliance .. Provision of Trainine. Emplovment and Business
Opportunities:
a. 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.
b. 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.
c. The Sub grantee 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.
d. 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.
e. 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 15 of 19 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.
2. 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 Sub grantee 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:
a. The Subgrantee will not discriminate against any employee or applicant for
employment because of race, color, religion, sex or national origin. The Sub grantee
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;
layoff or termination; rates of payor 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.
b. The Sub grantee 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.
c. The Sub grantee 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 Sub grantee's commitment under this section and shall
post copies of the notice in conspicuous places available to employees and applicants
for employment.
d. The Subgrantee will comply with all provISIons of Executive Order 11246 of
September 24, 1965, and of the rules, regulations and relevant orders ofthe Secretary
of Labor.
e. The Sub grantee 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 16 of 19 Pages
f. In the event of the Sub grantee's noncompliance with the nondiscrimination clauses of
this contract or with any of such rules, 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.
g. The Sub grantee 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 Sub grantee 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 II, 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 Sub grantee 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 17 of 19 Pages
3. Nondiscrimination Under Title VI of the Civil Riehts Act of 1964: This Agreement is
subject to the requirements of Title VI of the Civil Rights Act of 1964 (PL. 88-352) and
HUD regulations with respect thereto, including the regulations under 24 CFR Part I. In the
sale, lease or other transfer of land acquired, cleared or improved with assistance provided
under this Agreement, the Sub grantee 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 Sub grantee, 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.
4. Section 504 and Americans with Disabilities Act:
The Sub grantee 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.
5. Oblieations of Suberantee with Respect to Certain Third-partv 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 the Sub grantee. 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 carried 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.
6. 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.
7. Prohibition Aeainst 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 HOD 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.
8. "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 18 of I 9 Pages
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 funded in whole or in part with funds available under this title.
9. Access to Records and Site of Emplovment: 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 rules 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.
10. Leeal 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
Sub grantee,
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 19 of 19 Pages
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
August 8, 2005
File #200-226-236
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 37139-080105 authorizing the City Manager
to execute the 2005-2006 Community Development Block Grant Subgrant
Agreement with Total Action Against Poverty, upon certain terms and conditions,
within the limits of funds as more particularly set forth in a letter from the City
Manager addressed to the Council under date of August 1, 2005.
The abovereferenced measure was adopted by the Council ofthe City of Roanoke at
a regular meeting which was held on Monday, August I, 2005.
Sincerely,
tf;tJ~:rn, mow
~Mary F. Parker, CMC r
o ~- City Clerk
MFP:ew
Attachment
pc: Jesse A. Hall, Director of Finance
Sherman M. Stovall, Director, Office of Management and Budget
Frank E. Baratta, Budget Team Leader
Theodore j. Edlich, Ill, President, Total Action Against Poverty, P. O. Box
2868, Roanoke, Virginia 24001-2868
K:\AGENDA CORRESPONDENCElagenda correspondenoe 05\Aug 05lAug 1 2005 correspondenoe.doc
(/1\ /
~~~v})
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1st day of August, 2005.
No. 37139-080105.
A RESOLUTION authorizing the City Manager to enter into the 2005-2006
Community Development Block Grant ("CDBG") subgrant Agreement with Total
Action Against Poverty ("TAP"), upon certain terms and conditions.
BE IT RESOLVED by the Council of the City of Roanoke that the City Manager
and the City Clerk, are hereby authorized, for and on behalf of the City, to execute
and attest, respectively, on behalf of the City, the 2005-2006 Community
Development Block Grant (CDBG) subgrant Agreement with TAP, approved as to
form by the City Attorney, within the limits of funds and for the purposes as more
particularly set forth in the City Manager's letter dated August 1, 2005, to this
Council.
ATTEST:
~
__IV -: ) M. "l1T)V
City Clerk.
DOCUMENT IN UNNAMED
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Tetephone, (540) 853-2333
Fa" (540) 853-1138
CityWeb: www.roanokegov.com
August 1, 2005
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 Council:
Subject: 2005-2006 CDBG Agreement with
Total Action Against Poverty
(TAP)
Background:
Since 1965, Total Action Against Poverty (TAP) has developed and executed
programs that promote adequate housing, employment, health and nutrition, and
education for the citizens of Roanoke and surrounding areas. For the past three
years, TAP's Helping Elderly Live Pleasantly (HELP) program, now known as the
Emergency Home Repair program, has performed emergency home repairs for
approximately 84 needy citizens of Roanoke. On May 10, 2005, City Council
authorized TAP to conduct housing activities in our community by Resolution No.
37051-051005, which approved the City's 2005-2006 Action Plan Consolidated
Plan for submission to the U.S. Department of Housing and Urban Development
(HUD). City Council accepted the 2005-2006 CDBG funds on June 20, 2005, by
Budget Ordinance No.3 7086-062005 and Resolution No. 37087-062005. By letter
dated July 1 5, 2005, HUD approved the City's new five-year Consolidated Plan and
its first year action plan.
Considerations:
In order that TAP may conduct its approved 2005-2006 housing activities, City
Council's authorization is needed to execute a subgrant agreement. Necessary
CDBG funding is available in the account listed in the draft Agreement included
The Honorable Mayor and Members of Council
August 1, 2005
Page 2
with this report. A total of $100,000.00 is being provided to TAP to provide
limited and emergency repairs to 21 homes city-wide, with the exception of the
Gainsboro and Gilmer neighborhoods, which are assisted through an agreement
with the Roanoke Redevelopment and Housing Authority.
Recommended Action:
Authorize the City Manager to execute the 2005-2006 CDBG subgrant Agreement
with Total Action Against Poverty, similar in form and content to the draft
attached to this report, and approved as to form by the City Attorney.
X:bm;tt'd
Darlene L. Bur
City Manager
DLB/sp
Attachments
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
Frank E. Baratta, Budget Team Leader
CMOS-00I08
AGREEMENT
This agreement is made and entered into this 1 st day of July 2005, by and
between the following parties:
The Grantee
City of Roanoke, Virginia
215 Church Avenue, 5.W.
Roanoke, Virginia 24011
The Subgrantee
Total Action Against Poverty
in the Roanoke Valley, Inc.
145 W. Campbell Ave., S.W.
Roanoke, Virginia 24011
WITNESSETH
WHEREAS, by Resolution No. 37051-051005, adopted May 10,2005, Roanoke City
Council approved the 2005-2010 Five-Year Consolidated Plan, including the Fiscal
Year 2005-2006 One-Year Action Plan; and
WHEREAS, by Resolution No. 37087-062005, adopted June 20, 2005, Roanoke
City Council approved the acceptance of the 2005-2006 Community
Development Block Grant (CDBG) program and by Ordinance No. 37086-062005
appropriated the funds thereto, of which One Hundred Thousand and 00/100
Dollars ($100,000) in Community Development Block Grant funds is to be
provided to the Subrantee to provide limited and emergency repairs to single-
family homes in Roanoke; and
WHEREAS, by Resolution No. ______-080105, adopted August 1,2005, City
Council authorized the City Manager to execute an agreement for the purposed
specified herein.
NOW, THEREFORE, the parties hereto mutually agree as follows:
1 . SCOPE OF SERVICES:
a. General - Activities to be undertaken by the Subgrantee under this
Agreement shall be known as the "2005/2006 Housing and Community
Development (HCD) Emergency Home Repair Program" (the "Program")
and have as their purpose the rehabilitation of Single-family housing.
Through CDBG funding provided by the Grantee, the Subgrantee will
provide limited and emergency repairs to approximately twenty-one
(21) homes throughout the city, excluding the Gainsboro and Gilmer
neighborhoods. Repairs to houses will address such problems as
falling plaster, broken water lines, holes in roofs and the repair and/or
replacement of furnaces. The Subgrantee will contract out for all repair
Page I of 21 Pages
work on a bid basis, with the lowest responsive and responsible bidder
selected. All contractors selected to provide rehabilitation services
under the Program will be properly licensed and insured. All homes
assisted with CDBG funds under this Agreement shall be the principal
residences of "eligible homeowners," as described in section l.b.
below.
b. Eliqible Homeowners -- For the purposes of this Agreement, an "eligible
homeowner" 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.
c. Performance Obiective and Schedule -- By June 30, 2006, twenty-one
(21) eligible homeowners will receive emergency home repairs, thereby
improving their overall safety and health and allowing them to continue
living independently in their homes.
(1) By September 30, 2005, five (5) homeowners shall have:
(a) Completed formal applications and had program eligibility
verified;
(b) Received a home visit from the Contractor and Services
Coordinator to assess damages, take pictures and make
cost estimates;
(c) Contracts for repair work executed;
(d) Contracted repair work completed;
(e) Work inspected by the Service Coordinator, who will also
take pictures and have homeowner complete a client
response form;
(f) Payment made to contractor follOWing successful
inspection of the job.
(2) By December 31, 2005, a cumulative total of twelve (12)
homeowners shall have completed the services set forth in
section 1 .c.(I) above.
(3) By March 31, 2006, a cumulative total of eighteen (18)
homeowners shall have completed the services set forth in
Page 2 of 21 Pages
section 1 .c.(I) above.
(4) By June 30, 2006, a cumulative total of twenty-one (21)
homeowners shall have completed the services set forth in
section 1 .c.(1) above.
2. PERIOD OF PERFORMANCE
This Agreement shall be effective as on July 1,2005, and, unless amended,
shall end June 30, 2006.
3. BUDGET
a. General -- Unless amended, the total amount of CDBG funds provided
by the Grantee under this Agreement shall not exceed One Hundred
Thousand and 00/100 dollars $100,000, of which: (a) not less than
$70,487.00 shall be used for housing repair costs; (b) not more than
$24,230.00 may be used by the Subgrantee for program delivery; and
(c) not more than $5,283.00 for indirect (administrative) costs. The
indirect costs are based on a plan approved by the Subgrantee's
cognizant federal agency (the U.S. Department of Health and Human
Services) and accepted by the Grantee for the purposes of this
Agreement. At the sole discretion ofthe 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.
b. Allowable Expenditures -- Except as restricted herein, funds provided by
the Grantee under this Agreement may be used for any necessary,
reasonable and allowable cost associated with this housing
rehabilitation program. "Project" funds may include such items as the
labor and materials costs of work performed by contractors, building
permits and similar costs related to the rehabilitation of housing.
"Delivery" funds may include the wages and benefits of staff or other
operating costs directly associated with providing housing
rehabilitation services to homeowners. "Administration" funds are
provided solely for indirect costs of the Subgrantee attributable to its
general management and administration of this program. The
purchase of real or personal property or equipment are not allowable
costs under this Agreement.
4. REOUESTS FOR DISBURSEMENTS OF FUNDS
a. This is a cost-reimbursement Agreement. Disbursement offunds 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 3 of 21 Pages
b. 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 for indirect costs shall indicate the amount of indirect costs
being requested; by virtue of the Grantee's acceptance of the
Subgrantee's indirect cost plan, no other supporting documentation
shall be required for disbursement funds for indirect costs.
c. 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).
d. All requests for disbursements offunds 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.
S. RECORDS REQUIREMENTS
a. 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.
b. 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.
c. 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.
6. REPORTING REQUIREMENTS
a. By the 7th working day following the end of each month, the
Page 4 of 21 Pages
Subgrantee shall report the progress of activities covered by this
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
program(s) included under the Scope of Services;
(2) Certifications regarding debarment and suspension of contractors,
as described in section 13.h. below.
(3) A table providing data on each housing unit and eligible family
assisted (see Attachment A for minimum data elements to be
reported).
(4) A table providing data on the demographics of all households
served (see Attachment B).
b. The Subgrantee agrees to submit any other reports or documentation
as requested by the Grantee concerning activities covered under this
agreement.
7. 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.
8. 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.
9. 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.
Page 5 of 21 Pages
10. REVERSION OF ASSETS
a. 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 ofthis Agreement, including any amendments thereto,
to be used to meet one ofthe CDBG national objectives cited in 24
CFR 570.208; or
(2) Ifthe 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/PROIECT REOUlREMENTS
In addition to other requirements set forth herein, the Subgrantee shall
likewise comply with the applicable provisions of Subpart 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.
a. Propertv standards and lead-based paint -- All housing assisted shall
Page 6 of21 Pages
meet the Statewide Building Code and the lead-based paint
requirements in 24 CFR 570.608. In accordance with regulations, the
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.
b. Section 109 -- In accordance with Section 109 of the Housing and
Community Development Act of 1974 (42 U.S.c. 353 5(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.)
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.
d. 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.
e. 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.
f. 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
Page 7 of 21 Pages
relocation assistance to the extent permitted and required under
applicable regulations.
g. Employment and contractinq 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
low- and very-low-income persons. (See also Attachment C.)
h. 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/s.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.
i. 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.
j. 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:
Page 8 of 21 Pages
a. The Subgrantee will not discriminate against any employee or applicant
for employment because of race, religion, color, sex, national origin,
age, disability, or any other basis prohibited by state law relating to
discrimination in employment, except where there is a bona fide
occupational qualification reasonably necessary to 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.
b. 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.
c. 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.
d. 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 S. 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 Viroinia (1950), as amended, the
City of Roanoke does not discriminate aoainst faith-based oroanizations.
Page 9 of 21 Pages
17. THIRD-PARTY CONTRACTS
The Grantee shall not be obligated or liable hereunder to any party other
than the Subgrantee.
18. INDEMNIFICATION
The Subgrantee agrees and binds itself and its successors and assigns to
indemnify, 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 ofthe 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 jointly with 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 judgement 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.
Page 10 of 21 Pages
21. 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.
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 CDBG 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.
Page II of21 Pages
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
day and year hereinabove written:
ATTEST:
By _________________________________
Mary F. Parker, City Clerk
ATTEST:
By _________________________________
Katherin Anderson Elam, Secretary
APPROVED AS TO CDBG ELIGIBILITY
By _________________________________
Dept. of Management and Budget
APPROVED AS TO EXECUTION
By _________________________________
Assistant City Attorney
FOR THE GRANTEE:
By ____________________________________
Darlene L. Burcham, City Manager
FOR THE SUBGRANTEE:
By ____________________________________
Theodore J. Edlich, III, President
APPROVED AS TO FORM
By ____________________________________
Assistant City Attorney
APPROPRIATION AND FUNDS
FOR THIS CONTRACT CERTIFIED
By ____________________________________
Director of Finance
Date___________________________________
035-G05-0520-5424 $5,281.00 (Admin)
035-G05-0520-5423 $24,230.00 (Support)
Account# 035-G05-0520-5080 $70.489.00 (Project)
Page 12 of21 Pages
Attachments
Attachment A - Housing/Beneficiary Reporting Elements
Attachment B - Housing/Beneficiary Demographics Report
Attachment C - Special Federal Terms and Conditions
Page 13 of 21 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 cumulative 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
Federall.D. Number (or Owner Social Security Number)
Whether Minority-Owned, Women-Owned or Both
CDBG funds committed to Subcontractor
Page 14 of21 Pages
Attachment 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
Program / Activity Name Reporting Period
1 Counts by: ___ Households or ___ Persons? (Check the one that applies.)
# of New Participants this Period (if
2 applicable):
(cumulative to
3 TOTAL # BENEFITING FROM ACTIVITY: date)
(Beginning 07/01/04 - Ending 06/30/0S)
4 RACIAL INFORMATION (cumulative to date) # TOTAL # HISPANIC
White:
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-Racial:
TOTAL:
(cumulative to
5 # - FEMALE HEAD OF HOUSEHOLD: date)
6 INCOME INFORMATION (cumulative to date) # TOTAL
< 80% of Median (Low Income Limit)
< 50% of Median (Very Low Income)
< 30% of Median
TOTAL:
Pre pared by: _______________________________ Date Prepared: ________________
Revised 03/05/2004
Page 15 of 21 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)
1. "Section 3" Comoliance -- Provision of Training. Emolovment and Business
Oooortunities:
a. 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.e. 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.
b. 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.
c. 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.
d. 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
Page 16 of 21 Pages
requirements of these regulations.
e. 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
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.
2. Ecual Emolovment Oooortunitv: 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:
a. 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; layoff or termination; rates of payor 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.
b. 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.
c. 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
Page 17 of 21 Pages
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.
d. 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 of Labor.
e. 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.
f. In the event of the Subgrantee's noncompliance with the
nondiscrimination clauses of this contract or with any of such rules,
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.
g. 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
Page 18 of 21 Pages
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 II, 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.
3. Nondiscrimination Under Title VI of the Civil Riahts 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.
4. 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.
Page 19 of 21 Pages
5. Obliaations of Subgrantee with Resoect to Certain Third-oartv
Relationshios: 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 the
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 carried 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 1 04(h) of the
Housing and Community Development Act of 1974.
6. 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.
7. Prohibition Aaainst Pavments 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.
8. "Section 109": This Agreement is subject to the requirements of Section
1 09 of the Housing and Community Development Act of 1974, 42 U.s.e.
3535(d). No person in the 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 funded in whole or in part with funds available under this title.
9. Access to Records and Site of Emolovment: 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 rules 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
Page 20 of 21 Pages
Act.
10. Leaal Remedies for Contract Violation: If the Subgrantee materially fails to
comply with any term ofthis 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 21 of 21 Pages
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
August 8, 2005
File #314
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 37140-080105 approving and authorizing
execution of the Blue Ridge Behavioral Healthcare FY 2006 Performance Contract,
upon certain terms and conditions, as more particularly set forth in a letter from the
City Manager addressed to the Council under date of August 1, 2005.
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting which was held on Monday, August 1, 2005, and is in full force
and effect upon its passage.
MFP:ew
Sincerely,
~....... ~J .",. yy\o~
-k..~ Mary F. Parker, CMC \
rr - City Clerk
Attachment
pc: S. James Sikkema, Executive Director, Blue Ridge Behavioral Healthcare,
301 Elm Avenue, S. W., Roanoke, Virginia 24016-4001
Jesse A. Hall, Director of Finance
Rolanda B. Russell, Assistant City Manager for Community Development
Sherman M. Stovall, Director, Office of Management and Budget
Jane R. Conlin, Director of Human Services
K:\AGENDA CORRESPONDENCE\agenda correspondence 05\Aug 05\Aug 1 2005 correspondence.doc
~~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 1st day of August, 2005.
No. 37140-080105.
A RESOLUTION approving and authorizing the execution of the Blue Ridge Behavioral
Healthcare FY 2006 Performance Contract, upon certain terms and conditions.
WHEREAS, Section 37.1-194 of the Code of Virginia, 1950, as amended, requires every
locality to establish a community service board to oversee the delivery of mental health, mental
retardation and substance abuse services, and it is further required that the local governing body
of a locality approve the Performance Contract; and
WHEREAS, the City of Roanoke has established the Blue Ridge Behavioral Healthcare
Board pursuant to this statutory provision.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The 2006 Performance Contract proposed to be entered into with the Blue Ridge
Behavioral Healthcare Board, as more particularly set forth in the City Manager's letter dated
August 1,2005, to this Council, is hereby approved.
2. The City Manager is hereby authorized to execute any and all requisite documents
to enter into the Performance Contract with the Blue Ridge Behavioral Healthcare Board, subject
to approval as to form by the City Attorney.
ATTEST:
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
August 1, 2005
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:
Blue Ridge Behavioral
Healthcare FY 2006
Performance Contract
Background:
The 1998 General Assembly passed HB428 which amended and reenacted
sections of the Code of Virginia relating to local roles and responsibilities for
mental health, mental retardation, and substance abuse services.
Section 37.1-194 of the Code of Virginia, 1950, as amended, requires every
locality to establish a community service board to oversee the delivery of
mental heath, mental retardation and substance abuse services, and it is further
required that the local governing body of a locality approve the Performance
Contract.
The City of Roanoke has already established Blue Ridge Behavioral Healthcare
pursuant to this statutory provision as the Community Services Board. The
adopted budget for FY 2005-2006 includes an appropriation of $434,481 for
Blue Ridge Behavioral Healthcare.
Considerations:
In accordance with the Code of Virginia Title 37.1, Blue Ridge Behavioral
Healthcare has submitted the Fiscal Year 2006 Community Services
Honorable Mayor and Members of City Council
August 1, 2005
Page 2
Performance Contract to ensure the delivery of publicly funded services and
supports to citizens of the Commonwealth with mental illness, mental
retardation, or substance abuse. Services are to be provided directly or by
contract through the operating board of the Community Services Board.
Section 37.1-1 98B. Code of Virginia requires all governing bodies for the
localities served by the Community Services Board to approve the Community
Services Performance Contract
Recommended Action:
Adopt the attached resolution approving the execution of the attached Blue
Ridge Behavioral Healthcare FY 2006 Performance Contract and authorize the
City Manager to execute any required documents to enter into the Performance
Contract with the Blue Ridge Behavioral Healthcare Board.
~
Darlene L. Bu
City Manager
DLB:tem
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
Jane R. Conlin, Director of Human/Social Services
S. James Sikkema, Executive Director, Blue Ridge Behavioral Healthcare
CMOS-00112
FY2006 Community Services Performance Contract Quarter C
Exhibit A
Blue Ridge
Consolidated Budget
Revenue Source Mental Mental Substance TOTAL
Health Retardation Abuse
State Funds 2,441,973 348,657 1,823,996 4,614,626
State Restricted Funds 2,612,298 0 305,024 2,917,322
Local Matching Funds 716,961 116,276 86,104 919,341
Fee Revenues 5,641,274 3,727,734 1,306,212 10,675,220
Federal Funds 766,073 0 2,056,403 2,822,476
Other Funds 490,677 0 0 490,677
State Retained Earnings 99,183 0 0 99,183
Federal Retained Earnings 0 0
other Retained Earnings 0 0
Subtotal Funds 5,577 ,739 22.538,845
State Funds One-Time
State Restricted Funds One-Time
Federal Funds One-Time
Subtotal One -Time Funds 0
TOTAL ALL FUNDS 22,538,845
Expenses 12,768,439 4,192,667 5,577,739 22,538,8451
Local Match Computation
Total State Restricted and State Fund 6,975,484
(Less DAP, Net Regional DAP and Net
Reinvestment)
Local Matching Funds 919,341
Total State and Local 7,894,825
% Local Match 11.64%
Fees Transferred
TO FROM NET
-235,492 235,492
~
Administrative & Management Expenses
Total Admin. Expenses 2,879,216
Total Expenses 22,538,845
% Administration 12.77%
Report Date 6/24/2005
AF-1
FY2006 Performance Contract
Blue Ridge
Financial Comments
- MH Fed PATH - $56,379 of additional PATH funds projected ----
Commentl
Comment2 MH Transfer Out Regional OAP - $167,000 allocated to Allegheny Highlands CSB
Comment3 MH Other Fed-CSB - Functional Family Therapy grant to be received through
Comment4 Roanoke County $288,298
CommentS MH Other Funds - SARA-OCJS $98,580, SARA-VAWA $32,112, CSA $359,985
Comment6 MH State Retained Earnings - Unspent funds for Regional Project Manager
Comment7 SA Other Fed-CSB - Botetort Co Safe Schools $18.700. TANF through OSS $133,584,
Comment8 - Safe and Drug Free Schools $22,379
Comment9 In-kind match of $224,000 is the depreciation realized from a gift to the Board
CommentlO of a building valued at $5.6m using straight-line depreciation over 25 years as
Commentl1 advised by our aditors.
Commentl2 Per L1POS agreement.MH Acute Care dollars are allocated to 250 Acute Psych Ip.
Commentl3 $100k, 310 Outpatient-$75k and 551 Supervised Res-$25k. Because all $200k Is
Comment14 not in 250 Acute Psych IP I there Is an error message.
CommentlS
Commentl6
Commentl7
Commentl8
Commentl9
.
Comment20
Comment21
Comment22
Comment23
Comment24
Comment2S
Report Date 6/24/2005
AF-2
FY 2006 Performance Contract Financial Summary
Mental Health
Blue Ridge
Revenue Source
Revenue
Fees
MH Medicaid Fees
MH Fees: Other
5,531,240
200,000
Total MH Fees
MH Transfer Fees (To)/From
MH Net Fees
Restricted Funds
Federal
MH FBG SED C & A
MH FBG SMI
MH FBG PACT
MH Fed PATH
MH Other Federal- DMHMRSAS
MH Other Federal - CSB
MH Fed COSIG
5,731,240
-89,966
5,641.274
148,042
262,988
o
68,745
o
286,298
o
Total Federal Restricted MH Funds
State
MH Acute Care (Fiscal Agent)
MH Transfer In/(Out) Acute Care
MH Net Acute Care
766,073
200,000
o
200,000
MH Regional DAP (Fiscal Agent)
MH Transfer In/(Out) Regional DAP
MH Net Regional DAP
MH Facility Reinvestment (FIscal Agent)
MH Transfer In/(Out) Facility Reinvestment
MH Net Facility Reinvestment
MH Regional DADlWlntex (Fiscal Agent)
MH Transfer In/(Out) Regional DADlWlntex
MH Net Regional DADlWintex
MH DADlWlntex
MH PACT
MH Discharge Assistance (DAP)
MH CSA Non-Mandated
MH Crisis Stabilization
MH Pharmacy (Blue Ridge)
MH Demonstration Project-Children
Total State Restricted MH Funds
440,700
-167,000
273,700
o
o
o
o
o
o
o
700,000
282,764
238,146
o
917,688
o
2,612,298
Report Date
6/24/2005
AF-3
FY 2006 Performance Contract Financial Summary
Mental Health
Blue Ridge
Revenue Source
Revenue
Other Funds
MH Other Funds
MH Federal Retained EarnIngs
MH State Retained Earnings
MH Other Retained Earnings
Total Other MH Funds
490,677
o
99,163
o
569.860
State Funds
MH State General Funds
MH State RegIonal Deaf Services
MH State NGRI
MH State Children's Services
2,361,973
50,000
5,000
25,000
Total State MH Funds
2,441,973
Local Matchlna Funds
MH In-KInd
MH Contributions
MH Local Other
MH Local Government
103,120
o
o
613,841
Total Local MH Funds
716,961
Total MH Revenue & Expenses
MH One Time Funds
MH FBG SWVMH Board
12,768,439
Total One TIme MH Funds
o
o
Total All MH Revenue
12,768,439
Report Date
6/24/2005
AF-4
FY 2006 Performance Contract MR Financial Summary
Blue Ridge
Revenue Sources
Revenue
Fees
MR Medicaid Fees
MR MedIcaid ICF/MR
MR Fees: Other
3,686,239
o
187,021
Total MR Fees
MR Transfer Fees (To)/From
MR Net Fees
Restricted Funds
Federal
MR Child Day Care
MR Other Federal - DMHMRSAS
MR Other Federal - CSB
3,873,260
-145.526
3.727.734
o
o
o
Total Federal Restricted MR Funds
State
MR Facility Reinvestment (Fiscal Agent)
MR Transfer In/(Out) Facility Reinvestment
MR Net Facility ReInvestment
Total State Restricted MR Funds
Other Funds
MR Workshop Sales
MR Other Funds
MR State Retained Earnings
MR Other Retained EarnIngs
Total Other MR Funds
o
o
o
o
o
o
o
o
o
o
State Funds
MR State General Funds
MR OBRA
MR Family Support
MR Children's Family Support
148,160
66,114
109,983
24,400
Total State MR Funds
Local Matchlno Funds
MR In-KInd
MR Contributions
MR Local Other
MR Local Government
348,657
34,776
o
o
81,500
Total Local MR Funds
116,276
Total ALL MR Revenue
4,192,667
Report Date
6/24/2005
AF-S
FY 2006 Performance Contract SA Financial Summary
Blue Ridge
Revenue Sources
Fees
SA Medicaid Fees
SA Fees: Other
Total SA Fees
SA Transfer Fees (To)/From
SA Net Fees
Restricted Funds
Federal
SA FBG Alcohol/Drug Trmt
SA FBG Women
SA FBG Prevention-Women
SA FBG SARPOS
SA FBG HIV/AIDS
SA FBG Facility Diversion
SA FBG Jail Services
SA FBG CrisIs Intervention
SA FBG Prevention
SA FBG Co-Occurring
SA FBG TurnIng Point (Fiscal Agent)
SA FBG Transfer In(Out) TurnIng Point
SA FBG Net TurnIng Point
SA FBG Prev-Strengthenlng families
SA Other Federal - DMHMRSAS
SA Other Federal - CSB
SA Fed TANF/LINK
SA Fed State Incentive Grant
SA Fed COSIG
Total Federal Restricted SA Funds
State
SA Facility Reinvestment (Fiscal Agent)
SA Transfer In/(Out) Facility Reinvestment
SA Net Facility Reinvestment
SA Facility DiversIon
SA Women
SA Crisis Stabilization
Total State Restricted SA Funds
Report Date
6/24/2005
Revenue
22,000
1,048,720
1,070,720
235.492
1,306,212
1,177,352
80,000
20,000
240,677
106,994
46.436
o
o
212.301
o
o
o
o
o
o
172,643
o
o
o
2,056.403
o
o
o
202,800
102,224
o
305,024
AF-6
FY 2006 Performance Contract SA Financial Summary
Blue Ridge
Revenue Sources
Revenue
Other Funds
SA other Funds
SA Federal Retained Earnings
SA State Retained Earnings
SA Other Retained EarnIngs
Total other SA Funds
o
o
o
o
o
State Funds
SA State General Funds
SA Region V Residential
SA Postpartum - Women
SA Jail Servlces/Juv Detention
1.639.196
o
6.400
178,400
Total State SA Funds
Local Matchina Funds
SA In-KInd
SA Contributions
SA Local Other
SA Local Government
1,823,996
86,104
o
o
o
Total Local SA Funds
Total ALL SA Revenue
86,104
5,577,739
Report Date
6/24/2005
AF-7
LOCAL GOVERNMENT TAX APPROPRIATIONS
Blue Ridge
FY2006
City/County
Tax Appropriation
7,500
99,000
34,760
119,600
434,481
Craig County
Salem City
Botetourt County
Roanoke County
Roanoke City
Total Local Government Tax Funds:
695,341
Report Date 6/24/2005
AF-B
FY2006 CSB 100 Mental Health Utilization Data
Quarter: C
Blue Ridge
Report for Form 11
Service Total Units Contract Units Per Consumers
Core Services / Enrollment Codes Capacity Units Capacity Served Expenses
100 Emergency Services 10FTEs 20800 15280 1,528 2054 $1,080,856
250 Acute Psychiatric or SA Inpatient Services 0.42 Beds 153.3 154 367 36 $149,592
310 Outpatient Services 29.13 FTEs 60590.4 44097 1,514 2032 $4,174,381
350 Assertive Community Treatment 3 FTEs 6240 4378 1.459 40 $290,157
320 Case Management Services 31.57 FTEs 65665.6 46703 1.479 1408 $2,919,510
410 Day Treatment/Partial Hospitalization 72.4 Slots 52128 49836 688 169 $1,840,356
425 RehabilitationlHabiitation 25 Slots 42900 32684 1.307 131 $493,299
501 Highly Intensive Residential Services 5 Beds 1825 1825 365 5 $363,390
551 Supervised Residential Services 3.24 Beds 1182.6 1184 365 39 $59,298
581 Supportive Residential Services 14.39 FTEs 29931.2 21011 1.460 124 $1,263,358
610 Prevention Services 2 FTEs 4160 2931 1.466 $232,462
390 Consumer Monitoring Services 1 FTEs 2080 1374 1,374 65 $101,780
910-Discharge Assistance Project (DAP)
918 Non-CSA Mandated MH e&A Services
918 Program of Assertive Community Treatment (PACT)
Total Expenses
$12,768,439
Report Date 6/24/2005
AP-1
FY2006 CSB 200 Mental Retardation Utilization Data
Quarter: C
Blue Ridge
Report for Form 21
Service Total Units Contract Units Per Consumers
Core Services / Enrollment Codes Capacity Units Capacity Served Expenses
310 Outpatient Services 0.03 FTEs 62.4 43 1,433 22 $3,271
320 Case Management Services 15.7 FTEs 32656 24099 1,535 606 $1,442,320
~25 Rehabilitation/Habiitatlon 29.2 Slots 36441.6 30563 1,047 127 $511,115
130 Sheltered Employment 2.23 Slots 813.95 813 365 7 $19,400
tOO Individual Supported Employment OFTEs 0 1011 27 $44,368
521 Intensive Residential Services 23 Beds 8395 8171 355 23 $1,547,898
551 Supervised Residential Services 6 Beds 2190 2132 355 $369,979
581 Supportive Residential Services 3.07 FTEs 6385.6 4695 1,529 $172,816
520 Ear1y Intervention Services OFTEs 0 2260 $81,500
~20 Medicaid Mental Retardation HCB Waiver Services
Total Expenses $4.192,667
Report Date 6/24/2005
AP-2
FY2006 CSB 300 Substance Abuse Utilization Data
Report for Form 31
Core Services I Enrollment Codes
260 Community-Based SA Medical Delox Inpatient Service
310 Outpatient ServIces
320 Case Management Services
410 Day Treatment/Partial Hospitalization
521 Intensive Residential Services
531 Jail~Based Habilitation Services
610 Prevention Services
930 SA State MH Facility Admission Diversion Project
Report Date 6/24/2005
Service
Capacity
12 Beds
13.47 FTE.
8.83 FTEs
10.1 Slots
39.11 Beds
40 Beds
Blue Ridge
Totaf Units
4380
28017.6
18366.4
7878
14275.15
14600
Contract
Units
3308
20425
12974
7386
12461
14200
Quarter: C
Units Per Consumers
Capacity Served Expenses
276 545 $882,806
1,516 762 $1,183,146
1.469 801 $1,059,841
731 98 $323,132
319 256 $1,355,749
355 222 $185,119
$587,946
AP-3
Total Expenses
FY2006
CSB Performance Contract Supplement
Table 1: Board of Directors Membership Characteristics
Name of CSB: IBlue Ridge
Total Appointments: c:::::Jl] Vacancies:
Number of Consumers: I 3 ]
o I Filled Appointments: I
Number of Family Members:
1~
D
Age of Board Members Race and Ethnicitv of Board Members
Age 18 - 35: 31 African-American: 3
Age 36 - 64: 111 AsianJPacific Islander: 0
Age 65+: 21 Caucasian: 131
Total: 161 Other: 01
Gender of Board Members Total: 161
Female: 10 I Hispanic Origin: o II
Male: 61
Total: 161
Board Member Occupations
Businessmen/Businesswomen: I 51
14 ,I
Educators: L-~
Human Service Professionals: I 3 I
Homemakers: I I I
Medical Professionals: I . II
Lawyers: I 0 1
Sheriffs: I 0 I
Elected Gov't Officials:
Appointed Gov't Officials:
Clergy:
Clerical/Blue Collar Workers:
Retired Individuals:
Non-Gov. Servo Providers:
No Response:
0]
II
01
01
31
21
01
Total: I 20 I
Elected and appointed government officials might also be identified in other occupational
categories; duplication is acceptable in this table and it is important to identify all of
the government officials serving as Board members.
Report Date 6/24/2005
AP-4
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FY 2006 CSB Performance Contract Supplement
Table 2: Board Management Salary Costs
Name of CSB: Blue Ridge
Table 2a:
FY 2006
FY 2006
Salary Range Budgeted Tot.
Tenure
Management Position Title
Beginning
Ending
Salary Cost
(yrs)
IAdministrative/Finance Director $63,370.00 $101,899.00 $62,892.00 2.88
Children and Youth Services Director $63,370.00 $101,899.00 $65,304.00 2.42
Community Support Director $63,370.00 $101,899.00 $72,995.00 1.63
Executive Director $116,681.00 5.58
Hwnan Resource Manager $63,370.00 $101,899.00 $69,639.00 2.29
Quality Assurance Director $49,652.00 $79,840.00 $47,938.00 1.58
Reimbursement Director $39,531.00 $63,724.00 $38,963.00 2.04
Substance Abuse Services Director $63,370.00 $101,899.00 $67,993.00 10.17
Report Date 6/24/2005
AP-6
Fiscal Year 2006 CSB Performance Contract Supplement
Table 2: Fiscal Year 2006 Board Management Salary Costs
Explanations for Table 2a
Table 2b: Community Service Board Employees
I. 2. 3. 4. 5. 6.
No. ofFTE CSB Employees MH MR SA ADMIN TOTAL
Consumer Service FTEs 116.32 63.85 64.94 245.11
Support StaffFTEs 30.78 15.55 13.08 47.75 107.16
TOTAL FTE CSB Employees 147.10 79.40 78.02 47.75 352.27
Report Date 6/24/2005
AP-7
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Central Office, State Facility, And Community
Services Board Partnership Agreement
Section 12: Signatures. In witness thereof, the CSB and the Department, acting on behalf of
the Central Office and the State Facilities that it operates, have caused this Partnership Agreement
to be executed by the following duly authorized officials.
Virginia Department of Mental Health, Mental
Retardation and Substance Abuse Services
Blue Rid~e Behavioral Healthcare
Services Board
By:
By:
Name: James S. Reinhard, M.D.
Title: Commissioner
Name: S. James Sikkema I LCSW
Title: Executive Director
Date:
Date: June 24, 2005
9.
05-0S-200S
"~~
FY 2006 Community Services Performance Contract
11. Signatures: In witness thereof, the Department and the Board have caused this
performance contract to be executed by the following duly authorized officials.
Virginia Department of Mental Health,
Mental Retardation and Substance
Abuse Services
Blue Ridge Behavioral Healthcare
Board
By:
By:
Name: James S. Reinhard, MD.
Title: Commissioner
Name: Carole Beat Geiger, h. D.
Title: Chairman of the Board
Date:
Date: June
By:
Name: S. James Sikkema. LCSW
Title: Executive Director
Date: June 24, 2005
15. 05-05-200S
FY 2006 Community Services Performance Contract
Exhibit F: Federal Compliances
Certification Regarding Salary: Federal Mental Health and Substance Abuse
Prevention and Treatment Block Grants
Check One
~ 1. The Board has no employees being paid totally with Federal Mental Health Block Grant
. funds or Federal Substance Abuse Prevention and Treatment (SAPT) Block Grant funds
at a direct salary (not including fringe benefits and operating costs) in excess of
$175,700 per year.
2. The following employees are being paid totally with Federal Mental Health or SAPT
Block Grant funds at a direct salary (not including fringe benefits and operating costs) in
excess of $175,700 per year.
Name
Title
1.
2.
3.
4.
5.
6.
35.
OS-OS-2005
FY 2006 Community Services Performance Contract
Exhibit F: Federal Compliances
Assurances Regarding Restrictions on the Use of Federal Block Grant Funds
The Board assures that it is and will continue to be in full compliance with the applicable provisions
of the Federai Mental Health Services and Substance Abuse Prevention and Treatment Block
Grants, including those contained in the General Requirements Document and the following
requirements. Under no circumstances shall Federal Mental Health Services and Substance
Abuse Prevention and Treatment Block Grant funds be used to:
1. provide mental health or substance abuse inpatient services 1;
2. make cash payments to intended or actual recipients of services;
3. purchase or improve land, purchase, construct, or permanently improve (other than minor
remodeling) any building or other facility, or purchase major medical equipment;
4. satisfy any requirement for the expenditure of non-federal finds as a condition for the receipt of
federal funds;
5. provide individuals with hypodermic needles or syringes so that such individuals may use illegal
drugs;
6. provide financial assistance to any entity other than a public or nonprofit private entity; or
7. provide treat ervices in penal or correctional institutions of the state.
[Source: 45 CF S 9
June 24, 2005
Date
Signature of Executive Director
1 However, the Board may expend SAPT Block Grant funds for inpatient hospital substance
abuse services only when all of the following conditions are met:
a. the individual cannot be effectively treated in a community-based, non-hospital residential
program;
b. the daily rate of payment provided to the hospital for providing services does not exceed the
comparable daily rate provided by a community-based, non-hospital residential program;
c. a physician determines that the following conditions have been met: (1) the physician
certifies that the person's primary diagnosis is substance abuse, (2) the person cannot be
treated safely in a community-based, non-hospital residential program, (3) the service can
reasonably be expected to improve the person's condition or level of functioning, and (4) the
hospital-based substance abuse program follows national standards of substance abuse
professional practice; and
d. the service is provided only to the extent that it is medically necessary (e.g., only for those
days that the person cannot be safely treated in a community-based residential program).
[Source: 45 CFR S 96.135]
36.
05-05-2005
FY 2006 Community Services Performance Contract
Exhibit G: Local Government Approval of the Community Services Performance
Contract - Page 1
1. Name of the Board: Blue Ridge Behavioral Healthcare
2. City or County designated as
the Board's Fiscal Agent: Ci ty of Salem, Virqinia
3. Name of the Fiscal Agent's City Manager or County Administrator or Executive:
Name: Forest S. Jones
Title: City Manager
4. Name of the Fiscal Agent's County or City Treasurer or Director of Finance:
Name: Frank P. Turk
Title: Director of Finance
5. Name of the Fiscal Agent official to whom checks should be electronically transmitted:
Name: Frank P. Turk
Title: Director of Finance
Address:
P. O. Box 869
Salem, VA 24153
37.
05-05-2005
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
August 4, 2005
File #20-24
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 37141-080105 amending and reordaining
!;20-125, Definitions. and !;20-126, Restriction on keepina of inoperable motor
vehicles, of Article VI, Keepina of Inoperable Motor Vehicles, of Chapter 20, Motor
Vehicles and Traffic, of the Code of the City of Roanoke (1979), as amended, in
order to conform with state law.
The abovereferenced measure was adopted by the Council ofthe City of Roanoke at
a regular meeting which was held on Monday, August 1, 2005, and is in full force
and effect upon its passage.
;Jl~
J'~~i
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
Attachment
K:\AGENDA CORRESPONDENCE\agenda correspondence 05\Aug 05\Aug 1 2005 correspondence.doc
Darlene L. Burcham
August 4, 2005
Page 2
pc: The Honorable Robert P. Doherty, 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 HonorableJonathan M. Apgar, Chief 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 Vincent A. Lilley, Judge, General District Court
The Honorable Francis W. Burkart, Ill, Judge, General District Court
The Honorable Jacqueline F. Ward Talevi, Judge, General District Court
The HonorableJohn B. Ferguson, ChiefJudge,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
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
William M. Hackworth, City Attorney
Sherman M. Stovall, Director, Office of Management and Budget
Rolanda B. Russell, Assistant City Manager for Community Development
R. Brian Townsend, Director, Planning Building and Development
W. Dan Webb, Acting Director, Neighborhood and Housing Services
K:\AGENDA CORRESPONDENCElagenda correspondence 05\Aug 05\Aug 1 2005 correspondence.doc
~~'f
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1st day of August, 2005.
No. 37141-080105.
AN ORDINANCE amending and reordaining g20-125, Definitions, and g20-126,
Restriction on keeping of inoperable motor vehicles, of Article VI, Keeping of Inoperable Motor
Vehicles, of Chapter 20, Motor Vehicles and Traffic, of the Code of the City of Roanoke (1979),
as amended, in order to conform with state law, and dispensing with the second reading by title
of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. Section 20-125, Definitions, of Article VI, Keeping of Inoperable Motor Vehicles,
of Chapter 20, Motor Vehicles and Traffic, of the Code of the City of Roanoke (1979), as
amended, is hereby amended and reordained to read and provide as follows:
Sec. 20-125. Definitions.
The following terms shall, for the purposes of this article, have the meanings set forth
below:
***
Shielded or screened from view means not visible by someone standing at
ground level from outside of the property on which a subject vehicle is located.
eompletely preehuliHg visibility of the sllbjeet vehiele from all aajlleeHt streets,
alleys llHa properties, by pplacing the an inoperable vehicle within an area
completely enclosed either by by either a solid, rigid, opaque fence composed of
standard fencing materials or by a landscaped arrangement of non-deciduous
trees, sufficient in height, spacing, density and circumference to ensure
precluding visibility of the subject vehicle by someone standing at ground level
from outside of the property on which the subject vehicle is located shall
constitute shielding or screening from view the inoperable motor vehicle in
compliance with the requirements of this Article. from a1lllsjlleeBl streets, alleys
and properties. The placing, draping or securing of a tarpaulin or other nonrigid
cover over or around an inoperable vehicle shall not be sufficient to comply with
the requirements ofthis Article.
K:\ORDINANCESIO-CA-Chapter20-126 (tnoperabte MV)08010S.doc
***
2. Section 20-126, Restriction on keeping of inoperable motor vehicles, of Article
VI, Keeping of Inoperable Motor Vehicles, of Chapter 20, Motor Vehicles and Traffic, of the
Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and
provide as follows:
Sec. 20-126. Restriction on keeping of inoperable motor vehicles.
(a) No person shall keep, except within a fully enclosed building or structure
or otherwise shielded or screened from view, on any property zoned or used for
residential purposes, or on any property zoned for commercial or agricultural
purposes, any motor vehicle, trailer or semitrailer which is inoperable; however,
Hot mere thllll one such vehicle may be kept outside a fully enclosed building or
structure, provided that it is shielded or screened from view.
* * *
(c) Notwithstanding any other provisions of this Article, if the owner of an
inoperable motor vehicle can demonstrate that the owner is actively restoring or
repairing the vehicle, and if it is shielded or screened from view, the vehicle and
one additional inoperable motor vehicle which is also shielded or screened from
view and which is being used for the restoration or repair may remain on the
property.
3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of
this ordinance by title is hereby dispensed with.
ATII\""v ! P ~
City Clerk.
K:\ORDlNANCESIO-CA-Chap"'ZO-tZ6 (lnoperabte MV)080105.doc
CITY OF ROANOKE
OFFICE OF CITY ATTORNEY
464 MUNICIPAL BUILDING
215 CHURCH AVENUE, SW
ROANOKE, VIRGINIA 24011-1595
WILLIAM M. HACKWORTH
CITY ATTORNEY
TELEPHONE: 540-853-2431
FAX: 540-853-]221
EMAIL: cityatty@roanokeva.gov
TIMOTHY R. SPENCER
STEVEN J. TALEVI
GARY E. TEGENKAMP
DAVID L. COLLINS
HEATHER P. FERGUSON
ASSISTANT CITY ATTORNEYS
August 1, 2005
Honorable C. Nelson Harris, Mayor
and Members of City Council
Roanoke, Virginia
Re: Amendments to Chapter 20, Motor Vehicle and Traffic
Dear Mayor Harris and Members of Council:
During its last two sessions, the General Assembly amended SI5.2-905 of the Code of
Virginia (1950), as amended ("Virginia Code"). This section is the enabling legislation for Article
VI, Keeping of Inoperable Motor Vehicles, of Chapter 20, Motor Vehicles and Traffic, of the City
Code, the City's inoperable motor vehicle ordinance. The amendments to SI5.2-905 include a new
definition of the term "shielded or screened from view." The new definition in the Virginia Code is
more narrow than the definition for the same term currently in S20-l25 of the City's inoperable
motor vehicle ordinance. In addition, the legislature also amended SI5.2-905 of the Virginia Code
to allow an owner of an inoperable motor vehicle to keep outdoors the inoperable motor vehicle and
one additional inoperable motor vehicle that is shielded or screened from view, if the owner can
demonstrate that he is actively restoring or repairing one of the inoperable motor vehicles.
We have prepared the attached ordinance which amends SS20-125 and 20-126 of the City
Code to bring the City's inoperable motor vehicle ordinance into compliance with the State
enabling legislation.
With kindest personal regards, I am
Sincerely yours,
{J~ U. ~
William M. Hackworth
City Attorney
WMH:s
Attachment
cc: Darlene L. Burcham, City Manager
Rolanda Russell, Assistant City Manager
Dan Webb, Codes Compliance Coordinator
HMMCC - Inoperable Motor Vehicle
~
..:t
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1st day of August, 2005.
No. 37142-080105.
A RESOLUTION changing the place of commencement of the regular meeting of City
Council scheduled to be held at 12:00 Noon, on August 15,2005.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The place of commencement of the meeting of City Council scheduled to begin at
12:00 Noon on August 15, 2005, shall be in the Cafetoriurn, at the Roanoke Academy for
Mathematics and Science (RAMS), located at 1616 19th Street, N. W., with the 2:00 p.m. session on
the same date to be held in City Council Chamber of the Noel C. Taylor Municipal Building, at 215
Church Avenue, S. W., in the City.
2. Resolution No. 37109-070505, adopted July 5, 2005, is hereby amended to the extent
it is inconsistent with this resolution.
3. The City Clerk is directed to cause a copy of this resolution to be posted adjacent to
the doors of the Council Chambers and that it be advertised in a newspaper having general
circulation in the City at least seven days prior to August 15,2005.
ATTEST:
City Clerk.
K:\MEASURES\r-meetingplacechange08150S.doc