Loading...
HomeMy WebLinkAboutCouncil Actions 09-02-08 ROSEN 38208-090208 ROANOKE CITY COUNCIL REGULAR SESSION j SEPTEMBER 2, 2008 9:00 A.M. ROOM 159 AGENDA Call to Order -- Roll Call Council Member Price was absent. A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss an award of a public contract involving the expenditure of public funds and discussion of the terms or scope of such contract, pursuant to Section 2.2-3711 (A)(29), Code of Virginia (1950), as amended. Matter was deferred for open discussion at the 2:00 p.m. session. Items listed on the 2:00 p.m. Council docket requiring discussion/clarification and additions/deletions to the 2:00 p.m. agenda. (5 minutes) Topics for discussion by the Mayor and Members of Council. (5 minutes) BRIEFINGS: · Curb/Gutter/Sidewalk Program · Street Improvements - Art Museum Vicinity . Virginia Tech Presentation (Dr. John E. Dooley, Vice Provost for Outreach and International Affairs) 30 minutes 15 minutes 90 minutes 1 At this point, Council Member Nash left the meeting. (12:05 p.m.) THE COUNCIL MEETING WAS DECLARED IN RECESS TO BE RECONVENED AT 12:25 P.M., FOR A JOINT MEETING OF THE COUNCIL AND THE ROANOKE REGIONAL AIRPORT COMMISSION. 2 RQAJ\JOKE REGI()I\JAl AlRPCRf ROANOKE CITY COUNCIL ROANOKE REGIONAL AIRPORT COMMISSION JOINT MEETING SEPTEMBER 2, 2008 12:25 P.M. ROOM 159 AGENDA 1. Call to Order - - Roll Call. City Council (Council Member Price was absent.)(Council Member Nash arrived late.) Roanoke Regional Airport Commission (All present) 2. Welcome and Opening Remarks. . Mayor Bowers . Chairman Turner 3. Items for Discussion: . Presentation on Entrance to Airport (Tim White, P.E., PTOE, Kimley-Horn and Associates, Inc.) At this point, Council Member Nash entered the meeting. (1 :00 p.m.) · Land Lease - Countryside Golf Course 4. Comments by Council Members/Roanoke Regional 'Airport Commission Members. NONE. 3 5. Recess/Adjourn. THE COUNCIL MEETING WAS DECLARED IN RECESS TO BE RECONVENED AT 2:00 P.M., IN THE COUNCIL CHAMBER, ROOM 450, NOEL C. TAYLOR MUNICIPAL BUILDING. 4 ROANOKE CITY COUNCIL REGULAR SESSION SEPTEMBER 2, 2008 2:00 P.M. CITY COUNCIL CHAMBER AGENDA 1. Call to Order--RolI Call. Council Member Price arrived late. The Invocation was delivered by Vice-Mayor Sherman P. Lea. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor David A. Bowers. Welcome. Mayor Bowers. NOTICE: Meetings of Roanoke City Council are televised live on RVTV Channel 3. T oday's Council meeting will be replayed on Channel 3 on Thursday, September 4 at 7:00 p.m., and Saturday, September 6 at 4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. 5 ANNOUNCEMENTS: THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY COUNCIL AGENDA AND RELATED COMMUNICATIONS, REPORTS, ORDINANCES AND RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR REVIEW OF INFORMATION. CITIZENS WHO ARE INTERESTED IN OBTAINING A COPY OF ANY ITEM LISTED ON THE AGENDA MAY CONTACT THE CITY CLERK'S OFFICE, ROOM 456, NOEL C. TAYLOR MUNICIPAL BUILDING, 215 CHURCH AVENUE, S. W., OR CALL 853-2541. THE CITY CLERK'S OFFICE PROVIDES THE MAJORITY OF THE CITY COUNCIL AGENDA ON THE INTERNET FOR VIEWING AND RESEARCH PURPOSES. TO ACCESS AGENDA MATERIAL, GO TO THE CITY'S HOMEPAGE AT WWW.ROANOKEVA.GOV.CLlCKONTHESERVICEICON.CLlCK ON COUNCIL AGENDAS TO ACCESS THE APPROPRIATE AGENDA AND COUNCIL MEETING. IF ADOBE ACROBAT IS NOT AVAILABLE, A PROMPT WILL APPEAR TO DOWNLOAD PRIOR TO VIEWING AGENDA INFORMATION. NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT. SPECIAL ASSISTANCE IS AVAILABLE FOR DISABLED PERSONS ADDRESSING CITY COUNCIL. EFFORTS WILL BE MADE TO PROVIDE ADAPTATIONS OR ACCOMMODATIONS BASED ON INDIVIDUAL NEEDS OF QUALIFIED INDIVIDUALS WITH DISABILITIES, PROVIDED THAT REASONABLE ADVANCE NOTIFICATION HAS BEEN RECEIVED BY THE CITY CLERK'S OFFICE. ALL PERSONS WISHING TO ADDRESS COUNCIL WILL BE REQUIRED TO CALL THE CITY CLERK'S OFFICE PRIOR TO THE TUESDAY COUNCIL MEETING, OR REGISTER WITH THE STAFF ASSISTANT AT THE ENTRANCE TO THE COUNCIL CHAMBER PRIOR TO COMMENCEMENT OF THE COUNCIL MEETING. ONCE THE COUNCIL MEETING HAS CONVENED, THERE WILL BE NO FURTHER REGISTRATION OF SPEAKERS, EXCEPT FOR PUBLIC HEARING MATTERS. 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 AT WWW.ROANOKEVA.GOV, TO OBTAIN AN APPLICATION. .' 6 CITY COUNCIL WILL CONDUCT PUBLIC INTERVIEWS AT 4:00 P.M., FOR FOUR-YEAR TERMS OF OFFICE ENDING AUGUST 31, 2012, IN THE COUNCIL CHAMBER, TO CONSIDER POTENTIAL CANDIDATES TO FILL THE THREE VACANCIES ON THE ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY, BOARD OF COMMISSIONERS. 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: Expression of sympathy to the family of the late George Edwards Rogers. Vice-Mayor Sherman P. Lea read a letter of condolences and expressed sympathy to the family of Mr. Rogers. A proclamation declaring Friday, September 5, 2008 as Hokie Pride Day. The Mayor presented a ceremonial copy of the Proclamation to Brian V. Wilson, President, Roanoke Valley Hokie Club. The Mayor announced that the Virginia Tech Football Hokie Pep Rally, hosted by the City of Roanoke and Sponsored by WDBJ7 will be held on Friday, September 5 at the Roanoke Civic Center Special Events Center. Doors open at 6:00 p.m., and the formal program begins approximately at 7:30 p.m. He encouraged the public to support the event. 3. CONSENT AGENDA (APPROVED 6-0, Council Member Price was not present when the vote was recorded.) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. C-1 A communication from the City Manager requesting that Council schedule a public hearing for Monday, September 15, 2008, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider the sale of City-owned property-located at 120 Commonwealth Avenue, N. E. RECOMMENDED ACTION: Concurred in the request. C-2 A communication from the City Manager requesting that Council schedule a public hearing for Monday, September 15, 2008, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider the sale of City-owned property adjacent to 510 Jefferson Street, S. E. RECOMMENDED ACTION: Concurred in the request. 7 C-3 A report of qualification of Anita J. Price as an Alternate Representative to the Virginia's First Regional Industrial Facility Authority Board of Directors, for a term ending June 30, 2012; and Letitia A. Smith as a member of the Personnel and Employment Practices Commission, for a term of three years ending June 30, 2011. RECOMMENDED ACTION: Received and filed. REGULAR AGENDA 4. PUBLIC HEARINGS: NONE. 5. PETITIONS AND COMMUNICATIONS: a. A communication from the Commonwealth's Attorney recommending acceptance of the Victim/Witness Grant funds from the Department of Criminal Justice Services; and a communication from the City Manager concurring in the recommendation. Adopted Resolution No. 38208-090208 and Budget Ordinance No. 38209- 090208. (6-0, Council Member Price was not present when the vote was recorded.) 6. REPORTS OF OFFICERS: a. CITY MANAGER: BRIEFINGS: · Emergency Preparedness - The City Manager shared information with regard to emergency preparedness in anticipation of inclement weather that may come to the Roanoke Valley by late Friday or early Saturday of this week from Tropical Storm/Hurricane Hanna. · Market Building - The City Manager was instructed to draft a new Request for Proposals in a broader manner for review by the Council and share draft proposal with Downtown Roanoke, Inc;and to proceed with cosmetic improvements to the Market Building in advance of the official opening of the Taubman Museum of Art. ITEMS RECOMMENDED FOR ACTION: 1. Appropriation of funds in connection with the reconfiguration of certain frequencies within the 800MHz spectrum. Adopted Budget Ordinance No. 38210-090208. (6-0, Council Member Price was not present when the vote was recorded.) 8 2. Adoption of a resolution to establish a goal to reduce greenhouse gas emissions from municipal operations. Adopted Resolution No. 38211-090208. (6-0, Council Member Price was not present when the vote was recorded.) 3. Authorization to execute the 2008-2009 CDBG/HOME Agreement between the City and Total Action Against Poverty in connection with the Hurt Park Neighborhood Strategy Area Plan. Adopted Resolution No. 38212-090208. (5-:0, Council Member Price was not present when the vote was recorded; and Council Member Rosen abstained from voting.) 4. Adoption of a resolution supporting the reimbursement option for State reductions. Adopted Resolution No. 38213-090208 and Budget Ordinance No. 38214-090208. (6-0, Council Member Price was not present when the vote was recorded.) b. CITY CLERK: 1. A communication advising of the expiration of the two-year terms of office of William M. Hackworth, City Attorney; Stephanie M. Moon, City Clerk; Ann H. Shawver, Director of Finance (unexpired term of Jesse A. Hall); and Troy A. Harmon, Municipal Auditor, on September 30,2008. Reappointed William M. Hackworth as the City Attorney; Stephanie M. Moon as the City Clerk; AnnH. Shawver as the Director of Finance; and Troy A. Harmon as the Municipal Auditor, for terms of two years, each, ending September 30, 2010. c. DIRECTOR OF FINANCE: 1. Presentation of the Unaudited Financial Report for Fiscal Year 2008. Received and filed. 7. REPORTS OF COMMITTEES: NONE. 8. UNFINISHED BUSINESS: NONE. 9. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. 9 10. MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and/or comments by the Mayor and Members of City Council. Vice-Mayor Lea requested that the City Manager and City Attorney review the legality of an enforcement of curfew hours at the Afton Garden Apartment Complex located in the 700 block of Hunt Avenue, N. W., and report findings to the Council. He also requested that City staff investigate a concern expressed by the residents regarding an opened storm water drain pipe which is also located in the Complex at the corner of Liberty Road and Hunt Avenue. b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. 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. Helen E. Davis and Evelyn D. Bethel, 35 Patton Avenue, N. E. Robert Craig, 701 12th Street, S. W. Dina Michel-Wiggins, 1006 Cresent Street, N. W. 12. CITY MANAGER COMMENTS: NONE. At this point, Council Member Price entered the meeting. (4:45 p.m.) THE COUNCIL MEETING WAS DECLARED IN RECESS AND RECONVENED AT 4:45 P.M. FOR PUBLIC INTERVIEWS TO CONSIDER POTENTIAL CANDIDATES TO FILL THE THREE VACANCIES ON THE ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY, BOARD OF COMMISSIONERS, FOR TERMS OF FOUR YEARS, EACH, ENDING AUGUST 31, 2012. THE FOLLOWING THREE APPLICANTS WERE INTERVIEWED: DUANE SMITH, ADAM BOITNOTT AND ANITA POWELL. 10 .r;r.,,,-' .i' " City of Roanoke, Virginia Curb, Gutter & Sidewalk --Program Update City Council ~riefing Septem,ber 2, 2008" AGENDA ....4 ~ I'IllB>' ROANOKE I. Overview II. Program ResoUrces III. New ConstructJJ>.n · Resource AIi8~~tion ~, if. · Initiation and Prioritization , _ m. ", ..;/' · . Other Funding $ources/[ IV:'~iAai ntehance 'Questions' 1 Overview ~. ROANOKE · Drainage - Water deteriorates pavement. Constructing curb and gutter facilitates the mover:nent of storm water away from streets and homes into the proper d~~ir:)age infrastructure. · S!~f)Yialks - Facilitates pedestrian traffic and encourages a more eco- friendly mode/of transportation. " ""qurb, Gutter & Sidewalk Pres,entation Overview · Complete Streets:CPglicy ad()pte~ in March 2008 ,,;, ,'.. . " - Promotes the design, constructi()n and maintemance of user friendly and attractive; streets throughQut the Cityin accordance with the pty's '~Street DeSign; Guideline$" .~urb,Gutt.t;!r.& Sidew~lkPrE!sEint~tion - - -- - -. 2 3 'New Construction ~.. ROANOKE Project Initiation . · Curb, Gutter and Sidewalk requE3sts:have typically been initiated by:.~ . - Citizen Requests through the CG&S Program - Currently 569 requests (va!uing$t1 M) - Requests date back to 1995 _<,:::'o;+Current rate of annual construction (typically 12 t018 sites) . roughly equals the rate of requests; thus the v6lu:me of projects remain unchanged at curre-ntfunding levels New Construction ~. ROANOKE Project Prioritization · Curb, Gutter and SidewalkRequ~~t: .... - Citizens submit a CG&S Request by paper or electronically' via the internet. - . - " ., -- - - Requests are evaluated using specific rating criteria "" "" .. . ." .' . Drainage ' . .... . ". Safety . "Extension or Infill of existing Proximity to existing schools . Indusion..in neighborhood plans ". Sufficienfright-of-way .. "Neighborho09suPPort . --"',.! ," ClJrl:J,GtJtter~SidewalkP;esentation" . ;.., ,.__, _,,, '_ .0 ._. ..... _, ".,.". ' , .T 4 '::~,;j ';:ROANOKE 5 Other Resources VDOT Re';'enu~ Sharing - $250K(50/50j - CG&S funds provide match - One time allocation 2007 . . . . Community DevE!Iopment Block Grallts; : - Federal monies dedicated to targeted redevelopment area!}: - Lincoln Terrace - Hurt park - Gainsboro . . ' - Southeast by Design '\i'~ . Economic Development Opportunities - Reserve Avenue , ,-: Streetscape at Roanoke Times /; 'Capital Improvement Projects - Headq'uarters Fire Station - Williamson Road Fire Station .,- Schools . '...: Grants (Safe Routes, to.School) PrivatepevElI()pment ". '. . '. .' .... .. . - Recently "adopted (2005) Subdivision Ordinance requires CG&S . '~onstruction in new developments Curb, ~utter & Sidewalk Pres.entation New Construclionsince 2002 legend ; CG&sprojects: ,. Street:scape$ . "~;~~~B~J~r~;;~~, 9urb,:~.l,Jtter & Sidew(llkPrese'1tation ~-- ~~ ROANOKE 6 Maintenance & 'Repair · 530 Work Requests currently in system (citizen requests) - dates back to 1998 -' "': - geographic distributio'ri .300inSW 100 in NW . 100 inSE .30 iilNE Curb, Gutter' & Sidewalk Pres.entation "':~. '. ,ROANOKE .' Mai ntenance"& 'R~pair" · $800,000 from 2002 bon9fyn2 '(capital account) ......' - spent through repair contracts al)dqttier wor~ ov~r last five years · $200,000 'contract cLr~ently ongoing , - 130 work requests j - will complete all requ~sts dateCfPrior to 20o,~ · ~Yrrent contract fund~d vvithCityfunds and vppt -<~Revel1ueSharing f\.Jlids (50/50) ._, -'., -Will exhaust r~maining City maintenance funds from capital .accounts ' , '" - .. . Curb; Gutter& SidewalkPresentatiorl 7 Maintenance~&Repair ' · $100,000 available annuallyfor program in operating account .~:" - $50,000 in annual operating funds now available for contracts (as of FY08) - - approximately $50,000 spent annually to buy cqncr.~t~ for in- ~l;Jouse work - - 8 personJn-house concrete cr~w Curb, Gutter & Sidewalk Pres,entation · Program is entirely reactive - citizen requests · Typically, oldest work,eomplete_dfirst · Significant safety ha?ards given priority · Work in close proximity is considered ~:~.:;:-.:..-~ - . ~ . MainterianQ~ & 'Repair : ; ',-., . .", . -..,. -Curb, Gutter '& Sidewalk Pres~r1tati()'n . . - . .- 8 " ~.......- ~~ ROANOKE Maintenance & Repair · Receive 140 +/-- requests annu(illy, · Complete abQut 95 +/- work requ~sts annually (in-house) · Need to continue to s:upplernentil1;.house.... c.. rew. s.with .. .'....".. ":. ',,',. .,',....,' .. contracted work · C,urrently, accept all requests into system even when ,.~.~.>".--'" ..- .. .. .. ." - . JUie repairs may only be "aesthetic" ",,':,,',.,: .:,~:,:"_:, :"'<~ ;:.~., ,.:,;\" ,:',;: 7""" sidewalk is cracked but does not rep'rE~sent a trip hazard <1: ,,""'-'..,\' ':c", "",' " Curb, Gutter & Sidewalk'Pn!sel1tatiol1 . - Maintenance 8t"~epair . 'Cutq,,Gutter &Sidewalk,Presentation 'Looking ahead... , __" ;i'" , ~::;..--' · Work toward eliminating backlog · Avoid creating an expectationbfirnh1ineht repair wh~n actual repair may be years-away' . ~;.if1?_'.'T- .., .. ...,dMove.toward proactive repairs 9 Mail"1tenance& Repair, ~. ROANOKE · Desire is to limit work accepted into system - don't 'perform "aesthetic" repairs, . Cracks, surface de,fects, minor defleCtions (< Y2") . . Currently, abouf 200/0 of existing requests - avoid creating an exp~ctation of imminentrep~!r ' · Implement rating system to prioritize repairs -_, significant vertical deflections, drainage problems, high _.~ . ~, "_. volume of pedestrians - ,address Illinorrepairs through means ,other than' repla.cement Curb, Gutter & SidewalkPresent~tion Maintenance & Repair . ~. ROANOKE · Supplemental flmding is required - eliminate backlog throughcontiriued ,use of maintenance & repair contracts ' . - work towards a proaCtive approach, · $500,000 over a five'fyear period tgelimin~te b~c~l$g , - without supplemental funaing, backlog canl10t be eliminated }8[ many years" '_ . , .. · "cC)ontinuefunding beyond the,initiaifive years to make program pr()act!ve" . ..... . ". ,', ", " '., '., ., ,,' 'Curb,~utter & Sidewalk' Pres'entation 10 Questions ~. ROANOKE 11 )> IIIIIll ... ...' .~ s: .31.: -at/) IIIIIll CD 01.: <3 CD, , 3 .)> CD ... CD .am en: en . ... IIIIIll . ,CD CD ... "._,0"" " ~... -~ ~ ' ~; ~",' !\ .' r.;l'-j'1 ~ ~' ..~~ ~' ~. ;: ~' N.- !~i ~, ~ fir~! ~: ~, .r ~ , - . t . . \ \' \ \ ~ \\ \' .\ ,\ \\ S \' \" \ , ,\ , \' \ \ '.\' ( \ \ \, " \ ;) ~ ..., -c o ..., rT .... . n:J OUO c 0 :J ~ n .... . ,.- > "z 00 V1 rrI o i f f ~ :\dlU'itpP'OJ\U~tll';!:J\~~ItS\~U;j~ ip~.civer gOl~COU~~Qwg,.Ll~ 1!1~/lW:>.~1:]b:L1."'M~ PJW " ' i I" i i i i l f ! i i f I. ~ i, ! I i i I f I i i 1. i , " I I in I ~ I I ! i r I I l' t:"'. i , i f- I '-0 rn ;J> 'C X ;g -I (jj C ;;0 ::l 0 'm %,;;0 ;;0 Q -I " ;;0 " N "tl ::0 -:J: N 0 ,~ 'U '0 - m ,0 '0 ;;0 q '" ~ 'x, q X r ~ ~ q x, -. ';;".Jl. . :::rQ) (1) n r-t ([);:, C 0 nO- ..., -. r-t -c ([) r-to '< ;:, Q)o- Cl. < ;:,([) -. OJ ..., o..m 0 ;:, ~>< ,..... 3 .......n · :::r m ([) ~QJ ;:, QJ;:' r-t n(JQ QJ ...,m - ([)O- -. 3 V) _. r-tV) "'C 00 QJ r-t........ n r-t :::r ([) U3il~ ~ n!g~ ~ ~ ~~2 R" o~~ 0 ' m e!, l'! j ~, '1\ ~ ~ dlt l!~i II, ~ ~ ::0 ~ II ~ ill ~ ~ ~ ~ e 11 o.;ll~i~1 il~~I~ ~~~~~~ h ~ It ~ ~ D ~ I 0 ~ ~ ;;:: ~ ! ~ ~fi ~@ ~> ~I ~ i iS~ s~1 l~s2 ~~,. j~1I lis ~""~~ i __"."'., . , , , , .::.\.'................ i tN\ 1 i ; ; IC\ i .-.- . \1Y 0 @ . @ ; @ : \i:.J . .,...... 1!!! !1 i i i i ... : -~: : ; ; ; \. ill ! i i i ....... ........... ~......, '~~~ ,~) 2; ~I I G~ U ~ dll I I~J llli --- -- ! illll:! r !I I \ ;II,~ ( :::,:- \ )~~B II" ". I \ Iii \ ----;.1 · ,I ~~ .il \I · -, q= .<'I.l 'It :-a , \ ;.' iJ~ t '.' "I \ ~ I << ' " \4' l I t W .'. I ~ .I!."""'J ..:;:; ~ ~i I · .,;r.. 'n.. . ~ I ..p*,I l il I I 4iJ.' \1' I II ,I! ' 4'" I' I .~, \ . ""~-7 \ e il- I --......,,~..;. .. \ 'I Ii ,A"'?"<-'o~" .. II \ y--::-:- ' , ...- \ ----Sll! ' 'IE, \ .. '1 .' Ilil ' ~'! II!' ! _M:__ Ill, iM ~~!:"cli;:.c'!:i N_O 5~Hq~~nni~ ~~H!~55~;;:;I~~ .J H-Ill~.'~f:lg g~hg$lllC~iiln~ ~ I ~ - ::::J . ., n ~o ~ 3 J. '" ..,~. 'LI "C ~9~~'~'~tO' ' . -. m v, 'I<M' rt .... . ~ ,..... .,'rt , or Ci. tD -~' <, ~ .' ,... 1"\, ,.'-': ..c:::;;, ,:,.,'" -. ~ 'I<M' m -.'-+\ V') . rt V') . - '" uo -::r __ C- -. 'LI OJ ..J m r-.- rt rt:J 0 - . to -::r -::r 0 ;:+:J 3 m m "C _uo V' ., '" "< ., _. 'LI '" :J .,.-., LI 5"uo 3 ~ :5. o V;. 0 m m -+\ V') "C ~ '"0 -. 0 m . o.,V') c.. "m , c- "< n o 3 .3 . . ~)>rtr -.'"0 =r m rt '"0 m OJ -::r ., '.' V') ~ ~. Q m ., V') rt r-I"'I -. OJ "<:... rt_ rt mo ~-+\ rtn oC: ., -. V') V') -. o ~ - OJ ~ c.. .-. < m ., c- OJ - ., m "C o ., rt .... V') o -+\ n o 3 3 -. V') V') -. o ~ o ~ ~ m c.. - OJ ~ c.. rt o )::> - ;:0' . , .". )::>. ;:0 ,m 00 ItS $VI ~ CD 8'~ 11 ' () , GCD~~ Ct'=VI~ gt-~5 ... VI ~_ VI 02011 'ie.~r 3i5~ CD VI ::! } a~ I" III c::'X l:S l:Srn~~ p,~VI , OIoiVl l:S OP'VI 9~~~ CDr4~CD a ~ CD 11 ~~ g ~ VI CD c.CD ~ VI J;iO S ~ CD' s: OVlJA~ ~g'p, s:~8! ~f~~ ~:~~ 00 II! ~" 'i s ~ p 310ri CD Et () l:S () .~ ItS ~e'~ I: ;:CD 1Idc+ VI~~ ~~:l f;;' 0 CD VI a 11 i ItS () ~ CD CD a CDna 11 0 ~ 51 ~ CD ~ ; .a p, =; ... to II) ~,,~ gaP" ,.0> i~~ ....~i ga e. ~ ~ II) CD ts~d S" a' e" NCD~ o Po 0@tg1 Ni.... ~olI! () ~ ;"CD ~ ~ ~VI~ f;~ ~e e.~ g ~Ct' ~a~ ~ga ... ~a' t" ~i~ ~~\ il~i i~a" cO~~ ~CDt ~i~ ~~I't, II)tAPi"' ()q.... "'CClo ~ Po 0 :: 0 ~ ,~ gPo ~ = ~ 11 ~ 11 m ~ ~~ gm rs=f12 o ;Q '<111 io r~ ()~ CD ~ .... ~ ~ .... m o .... JU fI2 fI2 ." ~,,~,~"E I CD i! ... ...fA CD III ~ UI ~CD'"p,CD &. ri! ~ ~CDa:CD lllQCD;t VI gill ~ iii' ~ ~ P,CDCDf 11 CD l:S CD ItS c+ P,11p,C+ !"~9 i UI~a-a CD~e; 3. if ~" P, ()c+P !D 0 ;: =: t-1 Ii ~ ~ ~ ~ ~ ~ tI2 CD ~p Ii CD M tIl ~ 9 "" l CD ~ .P' Ii CD g~ ~ 1l!4 ~ ~~ td ;.p. 0 i a ga tIl ~ ~ ;: P,~ c+ "UI ~! ~ tI2 e~ ~ Q :t ~ ! 0: 3 m =So .... ~i ~c1- ~ =s ! ~ E ." I'r ~ ~o .... hd e ;~ ~ ld a 0 m is: ~. i S s>> I ~ c.c: CD UI aJ ~ o~ > 0.... Q) fII~ ;,~ ... () 0 ~ ().... 'II' Oe ~ a. .... A. ii oi B'fi' CD t; e CD ., :1 ~ . Nfl ~ ts:' ~ g~ JIf I:Ar CD lii~ It J! I: :.~ rn fIIO CD tj t:;" rn jljdiO' ~ ,g '< ,.. ...." () 0 ' 0 ::l1e : G 'U ~ It CD Af S "1 ~~.o ()fiCD 0" ~ fII () ....0 s. S f:'fo It;' i f .... 0 o 0 1 ~ IJ g, .... !tcO i I: fII IS) 8 .., g, f:'fo 1 t: t: S. Is;;;;;;j ,~c 'I'''''''. ", ,_~..:"l b~ _1' ~,' "'ld 'l~ , J flUl ! -='>_'W."__"5':::;::;::~ . ';~' ..;~ -""I. , 'ia, I;;;:;J 1EZ:iJ , !Ellll' , '"~-J' ---=-.L~ ' '~' ~i 'w-.e.' t::::JI' '~ ~ "~ I"" "". , lIE;;;! , , :0:::;] , " ':I~ ':~~_..:._~, gJ-'-: -. fa !IiI ' ,_." 9 Q ';'i ";a- ,,! C" ":G "~I :>1 " :,!nil "';0 I -!;l", 0, ;k1 !-,? I ! ., . ;~ ;~ ::]:;] ~ ::; '=' Z 0 ;~ ;2: <, ~ !;";li pt f' ~ ~ '~.8} ,~ :"I' ;j .' ml o~ rn ~'!.. ~; ~ ' 1:11 ~~'i.~ !:. f'~ (p' t.i:$ ~, "". ,.;;; fIXf, "'" ~ oEf' fi"i 'eo- m' ~,i u ~i;~ "<: is: ~ (II: ...~:.~ iJ: ~.;~ ~ ua- ,.Jl . ~ ,-, ~L~ I ~ ill-j,: ~~j; :. ~ -~;~~ , - ' , .;n ~~ i i;~ ~;. ~ 1";:1'l g If~ Jl Qt~ d =l~ . Q ;!',;':.ii f'l' ~ r~.S I itf>':<t , lii""'~ r ~i :j" ~ ~,....~ . qri':;' !;J . a" \f~' ~ '~. '. f~' ,=~ -0 ~;:;I ~..: ::. .=?, I ,tS, ~;, ~. . '\!1 ~~, :ii1 ..., ,$' ", ,?='g ~'i:' iF . i::Y ,):0- 2:1' -J: _I .. /.. ..; _. ;; r i' ..;:1 ii: _. - t 'I -! J r: !;; itr:::::: '""5'-- ~ '""i: &..... '""i.. ; 'i'"'" ~ I:R Q 6!. ~ '~- '! ! :f>> ~,g..;j;Io . ~ ' , ,;:,a' i ~ Ii:; , ~ ,t; ",. . ~ .~~. r,; 9,,' 'J/f ',.. i/!.: I - ,,.' ~ ;,. ~ i~: ~ i~:, ill i 1 ~ '~ ~~; 01' &;' ~ VJ' ~I E;: ~ ~::;JJ b' n ~: Oi' ~ CD SJl, ", ' ~ I ::t, 0", ' ,.... lU , ~' ~! =1; lU .~ ~ ;:1 '='.;:;' :1'<':. g. .'- ~. . III .I:~':!!i I >:~fiii,!!l" .;;: ~~; o. w 5il jm ~ ;;J!;t! H~~. .;:1,,1..2" I!':! '''''.''~a,'.jmo'''?-":I.l.m ~ :JI; I:~! " 1li 1:0:' 111 I L'l' 0 iLl!';:o:- ",1JJl 0 I ,c. - 1_ r:;!I! . m ~. 11<' \ti t -, , J ~ 'D!3J. ,C-'--'" ::~..~; ,..!:I, ;. [f- III ~'~ : t ~ ~':::::.: r.::r..t I 0-" ~ ,~ ~ Q Del . - : ,;..o:!'''J C. --..:-.:.r.:L ~ ,:.~ c~ iii " ~::; III I . ,'I:- 3-: a,:' . !I,I '.0'. f;l !:l 1"1: I I ~ aJ ~ ~ : '3" '. ~~. ' l~~; ,~:~,;\, r;;. . '::e. ' ..".. ;I.,... I: a' 'r.:: ,'IiI'I' -I .~, :: * '.~ '.~. ~ ~ .~, ;:; ~I ~ ~~ .... ~~ U 4 ~' ~i ... W j' ~J :::! m.: (;! ~, !i! ~.' VJ ")> .' ". "0 ~ ',. lU ib' , ~.Ll> '_. ,4{ m ,........ ... .~ a. Iii ___. _ '... -:), UI !~: ~ m ,Iiiiiii Ii :;z __ '.11III.' .......:::1 iiiiiiI' Qi;O ~.~ ,(0: I~ 'tn' f~:n,: ill ~. ,::r in~ &:j' g ,CD' ! 8: :Q. 03 en I't:l 'c' 4JII'.; 011) - ----- ft, ~'" :II!III!IIIII ;;:T = ,"" 011) -- ',11II' n~ ::r- Lii' n' , .i g I,' <I;i ..... '1!!!!!!lII{!!I! 9' Co ,iiiiiiI' .s, ~ ;l:U' g -'.' i. ~ '::I [J) - " ~ ~',~"", &t~,~ a';..., !~; ;; ~, tn'lII =;:;!' !.,', , C::' lU ~- '~."[lI'i.=" 00 ." '. ri:J" , i~ ,~ I ~; ,'",' ~ J::: 'liIIiIW ~ ~ ,..,. ~8'~ ~.~.'Oi ~rS . , .."...... c: ~ =r . .. -.,' iii r,ri. _ . 00 ['8" ,. j} := ,'''' c- z\lll !: Q ,.,- ;;i;'it .. g. 3, 'ml I ~ :--,. ~~i-?i 00 c-c i-i ,0, .-+ L'>_ 'f} O:::J' , ''e l( !. _ Ii I ~:i oO:=-; ~W 0" UP ~ m m Cl. ,0.. C 1 -. :::J UO t""t' =r (1) (I) OJ 1 - '< . (I)~ I no.. =rOJ OJ'< :::Jo.. UO(l) (1) tn>:-O . QJ . .. '7"" rt 'C; .1' (1) tn ' =r OJ tn 0- (I) (I) :::J . OJ~ 1 l 1 OJ <.3 (1)(1) .... . :::J(D OJ OJ . t""t'o.. -. t""t' 30 (1)0- -OJ '<n 37' OJ I :::Jc :::J~ (I)'" 1 . ~ 3 OJ uo :::J (1) t""t' o 3 (1) t""t' (1) 1 . (J) CD ex> W 01 1j' o CD (J) CD 'U I o CD o . I!I o ~ ~ ~ g ~ Q) Q) 3 3 I I ~ -...j o 0 o 0 Q) Q) 3 3 CD .... o .... N m Q) .... ,- '< s: o .., .:3 .-. :3 (Q iElJ ,I) 'D :1>> ':1 C' !~ iCD (J) CT ,CD .~ ,ft) CD .=' (II . :. (II (:) Q) . :3 JI ,I Q) Q) '. 3 .. C'" ~ s: o '~ ,.... ::r - s:1) ::J (1) . . ..., s:1) '< (1) ..0 C -. "'C 3 (1) ::J rT s:1) ::J 0.. '~ ~.." < rD ~ -:::J ,(I) ::J ,~ .,11) I' 1/ '\;' III I I II III t II 'I ~is S r-, V-J @ D ] e Lr-' I l_J r.:~-, r- e'-L _.J L_~ r-, r-, 1",1 r-, H I ~ I H 121 L-l r, I , D ] If'" b:'fl II II @ e II II @ l-I I II II I I II II ,.., I.. ..,lI r, .--. .--. Of-~ r"\ f-~O I I ~ ~rrl1~""l!!lIl I ~-J LL..lJ - ~-~ m '1--/ 'I--.l III "'''r---T--L-j i-~ I I LANE' I I I .......L___.L___J I I I I I- i-1 I I @ I .. I @ H r-"l I ~~~II 11 z ~ ~ ... ~~Q gj ~ I~l!i ~II I~~ ~I! ~ lG lilJi H H a~1 8'-C" 4. EQ. EQ. ~a- CLEAR I", Z~ i m IS II . , c,.,.~ ),':,.:t}~';',.;Y~, '.,IIII!iI!~. :~ ,O,\C:C it: +1-. \0 '. :r .~,~: ,O~ 'OO'~ !_~:. 0 cIJII!!!I!I.!I '::1 ~ en ,~ ~\' .:r ~(J) ; ,S>> ,- :.... . ,'n- IN l!ll'-'IJ' '.~..__." ~ ~ rn ,0 (1) < (D ~ "fJ ~~ =-j X) S. ,(I) 8::J .::1 :J. a,~ !:J .V) ~ ~ '- f)VlC:; :rt1l-o t1ln.c n c: '"'1 0 ~~, ~ ).-g ~ tll 3' Q, .-+ o o I I I ! I L___________J G) llJ .-+ tll o J: o 0:: o o 3 o ~9 llJ llJ =", '" n 0 0 ;;:l 0 n fD '" III 6' ;;:l 3: tll :E~ c::J CJ llJ !!l -. ........ ::t.G) ::J ... \Q t1l fD .-+ CD ... D :E9 llJ llJ =UJ fJ tIl ;0 i CD tIl @' C Q) 1 i ::J .... ! o .::: tll c " co "'-" )> "'lil llJ...., 'C: ." '"'g CD ~ .... :1) <: '.(1) ~ s::r ;ft~ ,~.. IJiIlt!' ,',~ (fI)e !~ '~ LCD ~LI! ".~ ''iD . ,..;.. :t/J 'Q)O '::I .... ' (I) ICeD (~ ::s Ie. -~. 'b) . ~=' '~:(Q (I '- -0 .,0 :r- o (b ~~O ,C) .~ ,$ -" c13 .0 I"!!'t" IIIIii!!I ~ ~. ::s :r. :m >c- i1:J .D.>> .::1 ,t/) ....!1 ,0 c= . . 'm (/) " . . . . n )> < '""0 ):> I I I I rt,. 0 I CD -0 3: n Z N -I N "< ""0 0 N ..... ~.::t OJ 0 m 0 ::TO 0 1:J 0 0 -- S" 3 ~ 0 s.: 0 0 ., -I 3 OJ c.. N cr 0\ OJ ~ -t'\ r-t' -I 3 0 m -" -I -I :J -I :::0 3: I -I 0 ~~ OJ OJ mDJ 0 OJ 01 0\ 10100 -. Cl. =R --t'\ :;0 --t'\ OJ Ul =R I-L-n OJ n. ::!1 c..:::n::s r-t' -. 1:J -Ii )> ~ ~ n n 0 CD n 3 1:J n. =l. mr-t'~n n^,\ n 3 n""O OJlO 0 0 CD "'"00 00 :Jc C --c ., :J OJ::J :J)> OJ C ,.,.. @ -- r-t' r-t'::S::J::J :J ~ Ul Ul OJ r-I"' r-t' -, ~" 0' 0' - Ul Ul ~ rt ., ., "< ., ~ Ul -- --' -I )> -. OJ -I ::r ," Ul ::J ::r ., -0 CD -. - 0 ::l. OJ ., -r'1 OJ :J r-t' "'" ::J m m Q. m :;0 ::J n :;c a. q- 0 a. ~ 3 ~ @ 3 c.. OJ 0 )>::J :J ,. 0.. -c -g CD \ OJ rt 7' C DI ,... D.J n o - - tD n ,.... _0 o :J 1 1 1 nm):>< ~ ~" ~"O ~DJO o -. tt-l OJ :::J 0 ...lO:::JO OJNO~ I 0., OJ o .........." 2co ~ ~ n ~ 0'\0 :::J 1 S ro w r-t OJ . (J) < '-.J I ~. o - d' 2 ~ ~ I--L - ~. en m g.~ C3' -. ...... :J ~ If)o 1""'t'::J C -4 Cl.::r "< ...... ...... ):>QJ ., :J ffi m ~;o a. ~ . . -1-1 ., c n ^ -C CD ., n CD ::J r-t"" OJ lC CD (J) -I ::r ...... - OJ :J ro ~ o , I I '-.J 0'\ ~~ o 0 ., OJ =R -. n .. .. 0<):> -. OJ -. < -., CD ro 15 (A"<;.+ -. < o -. ;0 :::J ro 0 I ~ OJ OJCl. --no ., c o - 3 ~ OJ ;:0" c 0.. r-t" lO CD ., CJ) Cf) t'"T' . 1--1 ., co OJ '-.J=R ~ -. o n .. 0 m -. OJ CJ) (J) r-t' r-t' ~ . 0-0- o C C t""'t" :::J -. 0..0 I::J ro rT ., 0 (J) ::r)> O-n ro n ., ro 1C CJ) ~ Ul fj'? OJ .., 0..-0 o """"\: t""'t' . II!I ::s c tu~ -C <-, UtI _iii (ft1'J 70 -1-1I tDW ~, ::r'1'J 00 Q...... 2.. Cl 0 0, ~ - J < i >> i >> t.J . 'J"'U1~WN . . . . . . (f)m t'""T:J OJt-t' I""T -. \ OOJ ::J::J ~n ro z o , I""T ::::r o -n -I ro -, 3 -. ::J OJ - ~ ::J ro OJ .., -n -. ., ro m:;C(f)(f)n ::J 0 -. -. -. q-c~~~ ~5-~~n n OJ 0 OJ 0 roo-::JI""T::J o -t@ Z c I::J"'O !R I""T ro - · ,.;- u.I OJ -, -, '1""T(J)Qj"' -I-I6=:J ~::Jroro -. -, ............. 3 ::!.. lC -I -. OJ ro 0 ::J :::J -, ~ ~roOJ::J ~l""Tro O-lCfl =2E ~..o :::J ., C (D OJ OJ ., en ::J ro ..Q ro c OJ ., ro I-L .n o ~3 I -0 ~QJ -. ..... -m Cl. ." o - - o ~ -- :J to )> -- r-t' m ..... ::l OJ r""1" .....- < CD en )II'" ~ C W,. -C <-, Ul tD _iii UlN o ~ w " N o ~ OC " N Q N OC -I ., S>> =R IiiiIIIII n I I I I I rr........z-l CD CD .....0 0 ., c < < 0' C If) S]L@.n:;in(D o 0 0 OJ 7' )> -h-h3=R~3: If) If) "'0 -. ~CDOnO~ <:2 c O-hOJ -. -. :J -. N 7' @ @ 0.(15~::J ~~ro;:+ 0 IIC-roDe ~OG)o.:J" ~ (f) 0'" =r -I 9.. ~ o::r II on~3s.:~ I l::.r OJ '"\ OJo.;:oe'~-g n (D OJ r-t" ' n (J) rT lC -r'"'I M'" ro ...... CD (D 0 ""0 OJ .., OJ W,...;- cr Ul c.. -- (f) 9: CD It" (D "'"\ CD CD rt' . :l> Ul Ul c 3 '"'C ,..-to -. o :J Ul :J:--rt ::I C " - f1i1 !I.IiIIll!ll1 ~C <." (I) to _1ilI -N ~ ~~ ~ N o ~ 00 ~ I J o II e) --I ., ~\ll I , -h IliIillIIlJ I IlllBiIIII (~ p~ auep!41 ~ 'tz- "'l-~ :00 ~~ Q~ ~o? C'(:l )> < ----- 05' -------- - 0" :J Z ----- ~ I OJ -------- \ - , \ , """.-.....--....-..., ~" ~', \ \ OJ ~ 05' - 0' :J ------------ (j) OJ , , .. .....:a.. ; -------...---...- ~ ~" I I I , I , , I I \ \ , ..........-----...,,,... ~., .........' l~ I :;tJVl 0.. :::r ~o 3;+ 00.. 0.. -. m~ - OJ -. :::s :::s n 9:m n OJQ' (if' CJ) CJ} rT :::s OJ o n rT^ -. OJ :::s :::slC (n' ro ~;:p rorT ~c ., :::s CJ) o :::J - . rT --. o l::J --I Q ::rlt' I o o m CJ} :::s o rT ""C , o < a: m m x n - c CJ} <' ro OJ n n m CJ} CJ} ,...... o OJ -. ...... -- OJ ::J m . o ro I I I q- 4' ro~ ~~ OJ 0 <' [Q,.<:: n < m OJ -. < r-I- -. - =R 3 0 o 0.. CJ} -. ..., m 0 n 5' 5. (J') CJ} -n CJ} OJ rT n CJ} lCi. r-t' m _. m :::s m ' ~~QJQJXl <:: _. - n n < mn n D. tt rt 0 0..0 :::r 5.~ ~ ~ OJ ' i=FN~aro m 0 CJ} -:::s ,NerT)> ffi (Xl "0 ~ < rT m:::S -. <" ~ Ul ~ m rt 0 o. rT 6 · :::s :::s o :::sSO I en , m OJ ~ n , It':::r e Cf) -. ::r OJ::l. 3 rr R~rr m CD -. ...... 'U ro ::J lC r-t';:O m m OJ a.. c.. , 0- ~ -. _ :::s m It' o o :::s m ;;c c.. . 3: ro ., rt (J') n -- ~ o 1:3 r-I- -- o :s ;a-r: oJ&;;; c:T . . . . ::3< -c )> ;;0 f-I Q.DJ CD CD CD 3 - .., 0.. Ul 0.. -0 ertD CD ,...,. Ul :::r c ., rt CD n 0 0 -a CD < ., ,...,. C tD -- -- 0.. CD OJ n ::J OJ 0 0.. ~O - Ul-a " - CD (.f) -< OJ I~ .... \ - -- -c OJ (ti' tD CD -< - :::J ro ~ t-4 0.. OJ - Ul :J -< -- :J ~ to tD ., tD ~~ ~ tD Q. I'IIIiIJlI :J tn DI ~ > ~ ~ ~ 00 0 ~ nr -: = Q =- == ~ (0 -: ~ = ... r:I1 -: ('D .. p.i. f"'"t'o- = ~ ~ ~ ........ = ~ ~ ~ ~ N ~ ""'-: Q. (C ...... < ft) ~ ~ ~ ~ = 1--4 .... ~ ~ 00- ~ ~ ::J .... ..... ~ =- ~ ~ ........ . ~ C ~ ~ = -: ~ Q. ...., -- ~ -< = r:I1 W = W U1 )> Q.. W 0\ :$! n rIl CO :$! 0 n :$! 0 -. Cl. 0 U1 CD ::J U1 I----L r-t" U1 :$! ~ :$! 0 0 c. c n "'" r"1'" -. "'" ~ 0 U1 ~ ::J " ~ 0 CJ) 00 0 ~ 0 . . . . )>t-I3:ro~ r-:~c ~::T , -- rt ~ ro ~ ~ :r.: '< (ti g. 0 ro (ti ro - --tl 1.C n >< ro - -- ,..,.. n 3 0 ::J -- < rT :::n ro ~ <: ro ro c.n t'\ , ,c.. c.n U.I ,..,.. c.n - - ., 0 CD < ro n ro ~3ct c.. o 0 ro c.n c..::J - R ~ Vl ~ ::r OJ ro ,..... OJ ro ~_ c.n < ~ -- 0 c.n :::J _ r-t" C OJ ~ 3 ::J n ro Cl. ffi (J) n ~ __ OJ lO lC :::J ro :::J :J en ~ ~ Ul CT CD . . ~~~ ~::T::r , ro __ OJ'l.C :J ro ::r (ti~OJ o..-n I n ~ -- OJ c.. "< ro c.n ::J It" r-1'" o - ""0 g n OJ o d: :J 0 ,..;- ::J ., en o m:e tD::r c:m fn .., m m ~&7 ::I ~ o C ::I Q. AI C- O C r1- ta m (I) r1- -- c.n CD >< -- c.n ,..;- -- :J to o ., o -c CD ...... O.l ,...-t- -. o ::J en . 3 c CD en r-+CD :To.. o en o..(D o - -hCD -. ('") 3 ~ -c < ...... ~ 0'< < ... -. ,..-fa ::J :T (.Q CD -. '< at\) CD -, ..., CD ~ Q) () ,........ . ~ - . "'-' o CD ~ ::J CD -h -. o -. Q) ........ :J o ,...... O.l -c Q) :J O.l ("') CD t\) . g~:a -. 0 c Q. c::: en CD :3 ~a2- O.l~o- r-+O.lO 3 ~ c::: Q) o. (it :J ('") O.l '<0...... 5. a CD COoID ...., --c (f) a. ...... CD CD 0 0<< ~ o. CD o CD :::J ::J en ...00 s: ID c-wct C r-+ '-+(0) Q) Q) :J ..,::Jo.. CD z o :s ~ ::r DI P1- ." CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S.w. Noel C. Taylor Municipal Building, Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 DAVID A. BOWERS Mayor September 2, 2008 Council Members Sherman P. Lea Gwen W. Mason Alvin L. Nash Anita J. Price Court G. Rosen David B. Trinkle Ms. Clovis H. Rogers Ms. Andrea Mack Mr. and Mrs. Daryll V. Rogers . Ms. Karen D. Rogers Ms. Clovia R. Ratliff Dear Mrs. Rogers and Family: On behalf of the Mayor and Members of the Roanoke City Council, please allow me to express my sympathy to you in the death of your husband and father, George Edward Rogers. Mr. Rogers served his country, worked hard to support his family, and gave back to his community in ways that made a difference in the lives of others. His involvement as a volunteer Roanoke Area Ministries, a member of the Loudon Melrose Neighborhood Association, and the support of many other community organizations and functions were indicators of great compassion for his fellow man, and a strong commitment to community service. Mr. Rogers will be remembered as a kind and generous person, and his legacy will surely be an inspiration to others to be more like him. I know he will be deeply missed by his family, numerous friends, and so many others whose lives he touched. Please know that you are in our thoughts and prayers throughout this time of sadness. ~~~ Sherman P. Lean, Vice-Mayor Roanoke City Council Office of the Mayor WHEREAS, the Roanoke Valley has had a long and mutually beneficial relationship with Virginia Tech, its alumni and supporters, and the Roanoke Valley is home to many thousands of Virginia Tech alumni and friends; and WHEREAS, Virginia Tech has brought positive attention to Southwest Virginia in academics, research and athletics, and the City of Roanoke takes pride in the accomplishments of the University; and WHEREAS, the Roanoke Valley Hokie Club and the Virginia Tech Alumni Association will promote Friday, September 5, 2008, as the ninth annual "Hokie Pride Day", in order to allow supporters to demonstrate their Hokie pride. NOW, THEREFORE, I, David A. Bowers, Mayor of the City of Roanoke, Virginia, do hereby proclaim Friday, September 5, 2008, throughout this great All-America City, as HOKIE PRIDE DA Y. Given under our hands and the Seal of the City of Roanoke this second day of September in the year two thousand and eight. Stephanie M. Moon City Clerk .~. 'o..~''''-- ~~C _~_-r ATTEST: ~in,~ David A. Bowers Mayor CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 City Web: www.roanokeva,gov September 2, 2008 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable Gwendolyn W. Mason, Council Member Honorable Alvin L. Nash, Council Member Honorable Anitaj. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Request to Schedule a Public Hearing for the Sale of City-Owned Property Background: Anstey Hodge Advertising Group, a downtown advertising agency, was founded in 2003 and is looking for a new location for the business. The company has offered to purchase a City-owned parcel located at 120 Commonwealth Ave., NE (Tax Map Number 3012827) to locate the advertising agency. The existing building would serve as an office for the firm, housing employee offices and a conference room. The offer is $41,800, which is the current assessed value of the property. A public hearing is required prior to City Council authorizing the sale of this City-owned property. Recommended Action: Authorize the scheduling of a public hearing on September 15, 2008, at 7:00 p.m., to consider the sale of the aforementioned property. Darlene L. Burch City Manager DLB:c1t Honorable Mayor and Members of City Council September 2, 2008 Page 2 c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development Brian K. Brown, Economic Development Administrator Cassandra L. Turner, Economic Development Specialist CM08-00 142 'f/ 'i ~;: .~;VH)' ':"' CITY OF ROANOK-E 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 City Web: www,roanokeva,gov ,..-"/ ,.~~ September 2, 2008 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable Gwendolyn W. Mason, Council Member Honorable Alvin L. Nash, Council Member Honorable AnitaJ. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Request to Schedule a Public Hearing for the Sale of City- Owned Property Background: Southeast STB Portfolio, LLC, is owner of the Suntrust Building located at 510 Jefferson Street, S.E.. The company has offered to purchase an adjacent City- owned parcel (Tax Map Number 4015001) which is the plaza area located between the Suntrust Building and the Jefferson Street right-of-way. Southeast STB Portfolio, LLC has proposed to purchase the plaza for the consideration of $100 along with accepting a restrictive covenant in the deed of conveyance that would require the use of the property in perpetuity as an open plaza. The City currently expends approximately $6,400 annually in maintenance on this plaza. A public hearing is required prior to City Council authorizing the sale of this City-owned property. Recommended Action: Authorize the scheduling of a public hearing to consider the sale of the aforementioned property for September 15, 2008 at 7:00 pm. Darlene L. Bur City Manager Honorable Mayor and Members of City Council September 2, 2008 Page 2 DLB:c1t c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development Steven Buschor, Director, Parks and Recreation Brian K. Brown, Economic Development Administrator Cassandra L. Turner, Economic Development Specialist CM08-00143 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@roanokeva.gov SHEILA N, HARTMAN, CMC Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA R, TYREE Assistant Deputy City Clerk September 3, 2008 David W. Rundgren, Executive Director Virginia's First Regional Industrial Facility Authority 6580 Valley Center Drive, Suite 124 Radford, Virginia 24141 Dear Mr. Rundgren: This is to advise you that Council Member Anita J. Price has qualified as an Alternate Representative to the Virginia's First Regional Industrial Facility Authority Board of Directors, for a term ending June 30, 2012. Sincerely, - In. MJ~ Stephanie M. Moon, CMC - .. C City Clerk SMM:ew pc: , Christy Straight, Secretary, Virginia's First Regional Industrial Facility Authority, 6580 Valley Center Drive, Suite 124, Radford, Virginia 24141 Joyce S. Johnson, Assistant to the Mayor Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Anita J. Price, do solemnly 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 an Alternate representative to the Virginia's First Regional Industrial Facility Authority Board of Directors, for a term ending June 30, 2012, according to the best of my ability (So help me God). ~('\A~~~~~ ) Subscribed and sworn to befor this ~ day of ~ 2008. LERK OF THE CIRCUIT COURT <vL , CLERK K:\oath anu leaving s~rvicc\Yirginia's First Rcginallnullstrial Facility Allthority\Anita Price altcmate represe oath 6 30 12.doc (:J1.:;i_'( . " .;. ~-: . '.'r' CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@roanokeva.gov SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA R. TYREE Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk September 3, 2008 Keli M. Greer, Secretary Personnel and Employment Practices Commission Roanoke, Virginia Dear Ms". Greer: This is to advise you that Letitia A. Smith has qualified as a member of the Personnel and Employment Practices Commission for a term of three years ending June 30, 2011. Sincerely, ~rn.~ Stephanie M. Moon, CMC City Clerk SMM:ew pc: Joyce S. Johnson, Assistant to the Mayor K:\oath and leaving servicelpersonnel and employment practices commissionlLetitia A Smith quali June 30 201 Ldoc Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Letitia A. Smith, do solemnly 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 I. . I'~~ 1-- ~:. Practices Commission, for a term of three years ending June 30, 2011, --I P, ,": according to the best of my ability (So help me God). ,~~') '-1-, ,'~ ,I /l 7tL~ ~ ~ ~ ., c/ J :~;~." ".~. ( .., (~~ ~ Subscribed and sworn to before me this piv of 4 2008. \ BY BRENDA S HAMILTON, CLERK 0 . ~-c;" K:\oath and leaving service\personnel and employment practices commission\Letitia A Smith oath 6 30 20 ll,doc CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@roanokeva,gov SHEILA N, HARTMAN, CMC Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELlA R. TYREE Assistant Deputy City Clerk September 3, 2008 Ann H. Shawver Director of Finance Roanoke, Virginia Dear Ms. Shawver: I am attaching copy of Budget Ordinance No. 38209-090208 appropriating funds from the Commonwealth of Virginia for the Victim Witness Program Grant, and amending and reordaining certain sections of the 2008-2009 Grant Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, September 2, 2008, and is in full force and effect upon its passage. Sincerely, . ~ tn, mOO"W Stephanie M. Moon, CMC L City Clerk SMM:ew Attachment pc: The Honorable Donald S. Caldwell, Commonwealth's Attorney Darlene L. Burcham, City Manager William M. Hackworth, City Attorney R. Brian Townsend, Assistant City Manager for Community Development Sherman M. Stovall, Director of Management and Budget {X IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of September, 2008. No. 38209-090208. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Victim Witness Program Grant, amending and reordaining certain sections of the 2008- 2009 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 2008-2009 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Regular Employee Salaries City Retirement ICMA Retirement ICMA Match FICA Medical Insurance Dental Insurance Life Insurance Disability Insurance Telephone Administrative Supplies 'Training and Development Postage . Revenues Victim Witness FY09 - State Victim Witness FY09 - Local Match 35-150-5124-1002 35-150-5124-1105 35-150-5124-1115 35-150-5124-1116 35-150-5124-1120 35-150-5124-1125 35-150-5124-1126 35-150-5124-1130 35-150-5124-1131 35-150-5124-2020 35-150-5124-2030 35-150-5124-2044 35-150-5124-2160 35-150-5124-5124 35-150-5124-5125 $ 93,905 .8,857 3,388 1,825 7,582 13,026 762 835 239 1,100 932 323 2,520 105,908 29,386 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with, 'h?' . '. ~ '",' . t' \ O~ City Clerk. CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@roanokeva,gov SHEILA N, HARTMAN, CMC Deputy City Clerk CECELlA R. TYREE Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk September 3, 2008 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 38208-090208 accepting the Victim Witness Program grant to the City of Roanoke from the Virginia Department of Criminal Justice Services, and authorizing execution of any required documentation on behalf of the City. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, September 2, 2008. Sincerely, - tn. ~~ Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: The Honorable Donald S. Caldwell, Commonwealth's Attorney Ann H. Shawver, Director of Finance William M. Hackworth, City Attorney R. Brian Townsend, Assistant City Manager for Community Development Sherman M. Stovall, Director of Management and Budget ":1 hS IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of September, 2008. No. 38208-090208. A RESOLUTION accepting the VictimlWitness Program grant to the City from the Virginia 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 of Roanoke does hereby accept the Victim/Witness Program grant offered by the Virginia Department of Criminal Justice Services in the amount of $105,908, with a local match of $29,386, upon all the terms, provisions and conditions relating to the receipt of such funds. The grant is more particularly described in the letter of the City Manager to Council, dated September 2, 2008. 2. The City Manager and the City Clerk are hereby authorized to execute, seal, and attest, respectively, any grant agreement and all necessary documents required to obtain, accept, implement, administer, and use the grant, all such documents to be approved as to form by the City Attorney. . 3. The City Manager is further directed to furnish such additional information as may be required in connection with the City's acceptance of this grant. ATTEST: ~tn.~. City Clerk. Victim Witness grantdoc 0r4r40NWEALTH- OF VlRGINI G ~'O, J\. ~~, .l.l ~o AREA CODE 540 TEL. No. 853-2626 FAX 853-1201 DONALD S. CALDWELL COMMONWEALTH'S ATTORNEY CITY OF ROANOKE OFFICE OF THE COMMONWEALTH'S ATTORNEY 315 CHURCH AVENUE ROANOKE, VIRIGNIA 24016 September 2, 2008 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice-Mayor Honorable Gwendolyn W. Mason, Council Member Honorable Alvin L. Nash, Council Member Honorable Anita J. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Acceptance of the Victim Witness Program Grant Background: The Victim/Witness Assistance Program has been awarded a twelve month $105,908 grant (#09-08554VW08) for July 2008, through June 2009. The grant from the Department of Criminal Justice Services (DCJS) will allow the Victim/Witness Assistance Program to continue to provide comprehensive information and direct services to crime victims and witnesses in accordance with the Virginia Crime Victim and Witness Rights Act. The Victim/Witness Program continues to operate with a full-time coordinator for the Circuit Court, as well as one full-time assistant for the Juvenile and Domestic Relations Court and one full-time assistant for the General District Court. The Victim/Witness Program is coordinated by the Office of the Commonwealth's Attorney. Considerations: The cost to the City for the grant would be $29,386 as a local cash match for a total grant budget of $135,294. The local cash match is equal to that of FY 2007-2008. This local cash match is included in the General Fund FY 2008-2009 adopted budget in the Transfer to Grant Fund account (01-250-9310-9535). Recommendations: Accept the Victim/Witness Grant #09-08554VW08 of $105,908 with the City of Roanoke providing $29,386 as a local cash match from the funding provided in the Transfer to Grant Fund account. Authorize the City Manager to sign and execute all appropriate documents, approved as to form by the City Attorney, to obtain Grant #09-08554VW08. Adopt the accompanying budget ordinance to establish revenue estimate of $105,908 in state grant funds and $29,386 in local match in the Grant fund, to transfer local match totaling $29,386 from the General Fund and to appropriate funding totaling $135,294 as outlined on Attachment A in accounts to be established by the Director of Finance in the Grant Fund. QD~~ Donald s. ~ Commonwealth's Attorney DSC:jls c: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Stephanie M. Moon, City Clerk Victim Witness Coordinator ~ ;: J \' :. ATTACHMENT A PROGRAM BUDGET 1002 Regular Employee Salaries $ 93,905 1105 City Retirement $ 8,857 1115 ICMA Retirement $ 3,388 1116 ICMA Match $ 1,825 1120 FICA $ 7,582 1125 Medical Insurance $ 13,026 1126 Dental Insurance $ 762 1130 Life Insurance $ 835 1131 Disability Insurance $ 239 2020 Telephone $ 1,100 2030 Administrative Supplies $ 932 2044 Training and Development $ 323 2160 Postage ~ 2,520 - TOTAL $135,294 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 City Web: www.roanokeva.gov September 2, 2008 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable Gwendolyn W. Mason, Council Member Honorable Alvin L. Nash, Council Member Honorable Anita J. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Acceptance of the Victim Witness Program Grant I concur with the recommendation from Donald S. Caldwell, Commonwealth's Attorney, for the City of Roanoke, with respect to the subject reference above and recommend that City Council accept the Victim/Witness Grant #09-08554VW08 of $105,908 with the City of Roanoke providing $29,386 as a local cash match from the funding provided in the Transfer to Grant Fund account. Respectfully submitted, Darlene L. Bur ham City Manager DLB:jb c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance C008-00006 J CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@roanokeva.gov SHEILA N. HARTMAN, CMC Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA R. TYREE Assistant Deputy City Clerk September 3, 2008 Ann H. Shawver Director of Finance Roanoke, Virginia Dear Ms. Shawver: I am attaching copy of Budget Ordinance No. 38210-090208 appropriating funds from the Sprint/Nextel Agreement for the Public Safety Radios project, and amending and reordaining certain sections of the 2008-2009 Department of Technology Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, September 2, 2008, and is in full force and effect upon its passage. Sincerely, , In.~ Stephanie M. Moon, CMC ! City Clerk SMM:ew Attachment pc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney R. Brian Townsend, Assistant City Manager for Community Development Sherman M. Stovall, Director of Management and Budget James Grigsby, Assistant City Manager for Operations Roy M. Mentkow, Director of Technology Cindy H. Poulton, Clerk, Roanoke City School Board, P. O. Box 13145, Roanoke, Virginia 24031 Curtis Baker, Deputy Superintendent, Roanoke City Public Schools' .~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of September, 2008. No. 38210-090208. AN ORDINANCE to appropriate funding from the SprintlNextel Agreement for the Public Safety Radios project, amending and reordaining certain sections of the 2008-2009 Department of Technology 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 2008-2009 Department of Technology Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from General Revenue Revenues DOT Radio Technology - Sprint/Nextel Schools - Radio Support 13-430-9925-9003 $ 162,676 155,682 6,994 13-430-9925-1097 13-110-1234-1067 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~ m.MbhV 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 City Web: www.roanokeva.gov September 2, 2008 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable Gwendolyn W. Mason, Council Member Honorable Alvin L. Nash, Council Member Honorable AnitaJ. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Revenue Adjustments for Radio Activities Background: The Department of Technology's Radio Technology Division entered into a contract with Sprint/Nextel for the purpose of reconfiguring certain frequencies within the 800Mhz spectrum as defined and mandated by the FCC to alleviate interference problems with commercial wireless systems operating in the same or adjacent spectrum bands. Reconfiguration costs to the City of Roanoke's Radio Technology Division reflect necessary labor, travel, oversight, and management to ensure all mobile and portable radios are 'retuned' to the new frequencies assigned by the FCC and participate in the infrastructure 'retuning' at the four (4) transmit sites atop Mill Mountain, Crowell's Gap, Fort Lewis Mountain, and Poor Mountain. On July 21, 2008, the 800Mhz Transition Administrator approved the frequency retuning plan as agreed to by the City of Roanoke, Roanoke County and Sprint/Nextel. The City of Roanoke's portion of the agreement amounts to $155,682. Payment milestones from Sprint/Nextel to the City of Roanoke will begin in August 2008 and end upon the successful reconfiguration of the 800Mhz frequencies. A final 'true-up' of actual costs will be determined at the end of the project. Honorable Mayor and Members of City Council September 2, 2008 Page 2 The Radio Technology Division installed and programmed mobile and portable radio equipment for the Roanoke City School System in all school buses, service vehicles and portables located at each school. Installation costs totaled $6,994 in regular and overtime pay for the Radio Shop Technicians and will be reimbursed by Roanoke City Public Schools. These are tangible costs against the Radio Technology Division's operating budget thus causing a deficit in 'overtime' expenditures. Considerations: City Council action is needed to formally accept and appropriate the funds realized from the 'retuning' project. City Council action is also needed to appropriate the funds associated with radio equipment installation for Roanoke City Schools. Recommended Action: Adopt the accompanying budget ordinance authorizing the Director of Finance to establish a revenue estimate in the amount of $1 55,682 from SprintjNextel and to appropriate funding in the same amount to the Digital Radio project account. Establish a revenue estimate in the amount of $6,994 from Roanoke City Public Schools and appropriate funding in the same amount to the Radio Technology Division budget. Respectfully submitted, Darlene L. Bur City Manager DLB:EL c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance James Grigsby, Assistant City Manager for Operations Roy M. Mentkow, Director of Technology Curtis Baker, Deputy Superintendent, RCPS CM08-00 1 39 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1 145 E-mail: clerk@roanokeva.gov SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA R. TYREE Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk September 3, 2008 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 38211-090208 adopting greenhouse gas reduction targets for the City of Roanoke. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, September 2,2008. Sincerely, ~rn.~~ Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: Ann H. Shawver, Director of Finance William M. Hackworth, City Attorney James Grigsby, Assistant City Manager for Operations Kenneth S. Cronin, Director of General Services/Sustainability ~~~ IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA The 2nd day of September, 2008. No. 38211-090208. A RESOLUTION adopting greenhouse gas reduction targets. WHEREAS, leading climate scientists agree that climate disruption is a reality and that human activities are largely responsible for increasing concentrations of gases which wann the atmosphere; WHEREAS, recent well-documented impacts of climate disruption include increasing global sea levels, a significant decrease in Arctic sea ice thickness and major changes to weather patterns around the world; WHEREAS, climate disruption of the magnitude now predicted by the scientific community is likely to have costly impacts on human and natural systems throughout the world including increased risk of floods or droughts, sea level rises that interact with coastal storms that erode beaches, inundate land and damage structures, and a reduction in water supplies stored in glaciers and snow cover; WHEREAS, on September 18, 2006, City Council passed a resolution to participate in the Cities for Climate Protection Campaign sponsored by ICLEI-Local Governments for Sustainability, and participation in this Campaign requires implementation of the Five Milestones Model to reduce greenhouse gas and air pollution emissions throughout the community; WHEREAS the City of Roanoke reduced greenhouse gas emissions from municipal operations by 1.5 per cent between 2005 and 2007 by initiating a number of projects, which include, but are not limited to: replacement of inefficient heating and air conditioning systems, use of B20 biodiesel and EIO ethanol in the City fleet, replacement of more than 700 incandescent lights with compact fluorescent lights or T -8 fluorescent lights, and installing LED traffic lights at more than sixty intersections; WHEREAS, the City of Roanoke was recognized for completion of the first milestone at the ICLEI-USA Conference in Albuquerque, New Mexico; and WHEREAS, measures to reduce greenhouse gas emissions in the community and within the municipal operations have the potential to also reduce costs through energy savings and to increase the quality of life through improved air quality. NOW THEREFORE BE IT RESOLVED by the Council of the City of Roanoke that: 1. Council hereby establishes a goal, as required by Milestone 2, to reduce greenhouse gas emissions from municipal operations by a total of 12.5 per cent over a five-year period and reduce community-wide greenhouse gas emissions by 10 per cent over the same five-year period, beginning January 1,2009, and ending December 31,2014. 2. City staff, working with a Climate Action Committee, designated by the City Manager, will be responsible for producing a Climate Action Plan and implementing the programs and projects described in the Action Plan to the greatest extent practicable and achievable within available funding and resources. ATTEST: IY;. ~~ 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 City Web: www.roanokeva.gov . :) September 2, 2008 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable Gwendolyn W. Mason, Council Member Honorable Alvin L. Nash, Council Member Honorable Anita J. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Greenhouse Gas Reduction Targets for the City of Roanoke Background: In September 2006, Roanoke City Council passed a resolution to participate in the Cities for Climate Protection Campaign sponsored by ICLEI- Local Governments for Sustainability. As a participant in this campaign, the City committed to implement the 5 Milestones Model. The first milestone, conducting a greenhouse gas inventory (commonly called a carbon footprint), was completed in January 2008. Roanoke was subsequently recognized for this action at the ICLEI-USA Conference in May. Completion of the first milestone primarily involved an evaluation of Roanoke's municipal energy use from all sources and the impact of either changing the energy source or providing more energy efficient systems to deliver services. Examples include substituting biodiesel for regular diesel and changing traffic lights from incandescent to light emitting diode (LED) bulbs. The result of all actions was a reduction in greenhouse gas emissions of 1.5 per cent between 2005 and 2007 for municipal operations. Since municipal operations represent only 1.9 per cent of baseline emissions community-wide, a community carbon footprint needs to be finalized and emission reduction targets established for the broader community. The action considered by City Council today will be to complete the second milestone, establishing a greenhouse gas emission reduction target for municipal operations and the community. Honorable Mayor and Members of City Council September 2, 2008 Page 2 Considerations: In order for Roanoke to remain in compliance with requirements of the Cities for Climate Protection Campaign, a greenhouse gas reduction goal needs to be established. The resolution before City Council today recommends an emiSSions reduction target of 12.5 per cent over five years for municipal operations and 10 per cent for the community. While these are "stretch goals," they are reasonable based on what can be achieved. Moreover, these goals are in line with those proposed by other communities and a number of environmental groups. Recommended Action: Adopt the attached resolution specifying the target greenhouse gas emissions reduction goal. Respectfully submitted, Darlene L. B cham City Manager DLB:ksc c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance James Grigsby, Assistant City Manager for Operations Kenneth S. Cronin, Director of General Services/Sustainability CM08-00140 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853- 1145 E-mail: clerk@roanokeva.gov SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA R. TYREE Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk September 3, 2008 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 38212-090208 authorizing the appropriate City officials to execute, upon certain terms and conditions, a 2008-2009 Community Development Block Grant and HOME Investment Partnerships Program Agreement with Total Action Against Poverty in the Roanoke Valley, Inc., to undertake housing activities in the City's Hurt Park neighborhood. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, September 2, 2008. Sincerely, {r,. ~ Stephanie M. Moon, CMC City Clerk SMM:ew Attachment . pc: Theodore J. Edlich, III, Executive Director, Total Action Against Poverty, P. O. Box 2868, Roanoke, Virginia 24001-2868 Ann H. Shawver, Director of Finance William M. Hackworth, City Attorney R. Brian Townsend, Assistant City Manager for Community Development Sherman M. Stovall, Director of Management and Budget Thomas N. Carr, Director of Planning, Building and Development Frank E. Baratta, Budget Team Leader I ,-6\ <i -v~ \~I\~ IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA The 2nd day of September, 2008. No. 38212-090208. A RESOLUTION authorizing the appropriate City officials to execute, upon' certain terms and conditions, a 2008-2009 Community Development Block Grant and HOME Investment Partnerships Program Agreement with Total Action Against Poverty in the Roanoke Valley, Inc. ("TAP"), to undertake housing activities in the City's Hurt Park neighborhood. WHEREAS, by Resolution No. 38083-051208, the Council of the City of Roanoke, Virginia ("Council"), approved the 2008-2009 Annual Update to the Consolidated Plan for submission to the U.S. Department of Housing and Urban Development, including funding for the Subgrantee's 2008-2009 activities to be assisted with Community Development Block Grant ("CDBG") and HOME Investment Partnerships Program ("HOME") funds; and WHEREAS, by Resolution No. 38135-061608 and by Budget Ordinance No. 38136-061608, Council accepted and appropriated the 2008-2009 CDBG and HOME funds; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager, and the City Clerk, are hereby authorized to execute and attest, respectively, on behalf of the City, a 2008-2009 CDBG and HOME Agreement with TAP, 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 September 2,2008. ATTEST: A~. .~:~ nA.htA..._. . ......-, 'I vrv "( \' \ City Clerk. R-CDBG- T AP.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 Fax: (540) 853-1138 City Web: www.roanokeva.gov September 2, 2008 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice-Mayor Honorable Gwendolyn W. Mason, Council Member Honorable Alvin L. Nash, Council Member Honorable Anita J. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: 2008-2009 CDBG- and HOME- funded Agreement with Total Action Against Poverty in the Roanoke Valley, Inc. (TAP) Background: Since 2002, the City has pursued a strategy of focusing Community Development Block Grant (CDBG) and HOME Investment Partnerships Program (HOME) funds in certain target neighborhoods. Following a multi-year investment in the Bullitt- Jamison corridor and surrounding area, the City shifted its focus to the Gainsboro neighborhood. A similar multi-year investment has taken place in Gainsboro, with housing development activities expected to continue for several months. During the FY 2007-2008 period, the City began transitioning its focus to Hurt Park, the next neighborhood being targeted. This transition included receiving approval for a Neighborhood Revitalization Strategy Area (NRSA) Plan from the U.S. Department of Housing and Urban Development (HUD), which, among other benefits, broadens the income groups that CDBG-funded housing activities can assist. As part of implementing the NRSA's housing component, during the FY 2007-2008 period, the City provided nearly $1.0 million in CDBG funds for infrastructure improvements in support of the Roanoke Redevelopment and Housing Authority's (RRHA) redevelopment of the former Hurt Park public housing site. While moving on this front, the City also undertook a collaborative planning process with the RRHA and our community's four nonprofit hOUSing agencies, including Blue Ridge Housing Development Corp. (BRHDC), Habitat, Rebuilding Together Roanoke (RTR), Honorable Mayor and Members of City Council September 2, 2008 Page 2 and Total Action Against Poverty in the Roanoke Valley, Inc. (TAP), to address housing improvements needed in other areas of Hurt Park. Considerations: The action recommended in this letter implements components of the 2008-2009 Hurt Park housing funding authorized by Resolution No. 38083-051208, as part of Council's approval of the Annual Update to the City's HUD Consolidated Plan. Council action is needed to authorize the City Manager to execute the subgrant agreement that will put the funds in place for TAP to carry out its housing activities pursuant to the Annual Update and the Hurt Park NRSA. A total of $570,099 in CDBC and HOME funding is provided under the agreement to undertake homebuyer and owner-occupied housing rehabilitation activities. This amount is available in the following accounts: Account #3 5-G09-0920-5 5 30 - $ 60,700 Account #35-G09-0920-5534 - $121,592 Account #35-G09-0920-5535 - $ 40,531 Account #35-090-5366-5530 - $140,464 Account #35-090-5368-5530 -$206,812 Recommended Action: Authorize the City Manager to execute a 2008-2009 CDBG/HOME Agreement with TAP, 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. Bu cham City Manager c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development Thomas N. Carr, Director of Planning, Building and Development Frank E. Baratta, Budget Team Leader CM08-00 14 1 AGREEMENT This Agreement is made and entered into this first day of July, 2008, by and between the following parties: The Grantee: City of Roanoke, Virginia 215 Church Avenue, S.W. Roanoke, Virginia 24011 The Sub grantee: Total Action Against Poverty in the Roanoke Valley, Inc. 145 W. Campbell Avenue, S.W. Roanoke, Virginia 24011 WITNESSETH: WHEREAS, by Resolution No. 38083-051208, the Council of the City of Roanoke, Virginia, ("Council") approved the 2008-2009 Annual Update to the Consolidated Plan for submission to the U.S. Department of Housing and Urban Development ("HUD"), including funding for the Subgrantee's 2008-2009 activities to be assisted with Community Development Block Grant ("CDBG") and HOME Investment Partnerships Program ("HOME") funds; and WHEREAS, by Resolution No. 38135-061608 and by Budget Ordinance No. 38136-061608, Council accepted and appropriated the 2008-2009 CDBG and HOME funds; and WHEREAS, by Resolution No. _-090208, Council approved the execution of a sub grant agreement ("Agreement") between the Grantee and the Subgrantee; NOW, THEREFORE, the parties hereto mutually agree as follows: 1. SCOPE OF SERVICES: a. General-- The services to be performed by the Sub grantee under this Agreement shall be known as the "TAP Hurt Park Project" and shall have as their purpose the construction or rehabilitation of housing to benefit eligible homebuyers and homeowners, as described below. This general scope of services shall be accomplished through a combination of CDBG and HOME funding provided by the Grantee and other in-kind and/or cash contributions provided by the Subgrantee. General responsibilities of the Subgrantee shall include: marketing and outreach; receiving and processing applications for housing assistance; overseeing construction/rehabilitation work; holding deeds of trust, covenants and/or homeowner grant agreements (specific to this Agreement); monitoring completed projects; and such other services as may be appropriate to comply with applicable federal regulations. The Sub grantee shall provide all personnel required to perform the services under this Agreement, within the limits of funding provided. All of the services required hereunder will be performed by the Subgrantee or under its supervision. All personnel engaged in the work, including volunteers, shall possess the appropriate skills and/or capabilities needed to accomplish such services. Page 1 of 28 b. Use of CDBG and HOME Funds - It is understood that the Subgrantee shall use the funds provided under this Agreement for, and in a manner consistent with, the following: (1) Partnership Approach - It is understood that the Subgrantee is undertaking the activities described in this Agreement as a participant in the Roanoke Neighborhood Revitalization Partnership, an association of nonprofit and public housing entities that has engaged in collaborative planning with the Grantee to address housing needs in the city's Hurt Park neighborhood, and as a result of such participation has been designated by the Grantee to receive CDBG and/or HOME funds. In furtherance of its participation and designation, the Subgrantee agrees to cooperate and coordinate its Hurt Park activities, both under this Agreement and otherwise, with the other participants of the Partnership and the Grantee for the duration of the Partnership's and the Grantee's concentrated efforts in this neighborhood. Moreover, the Subgrantee agrees that this cooperation and coordination shall extend to participation in Partnership and Grantee efforts to ensure that residents and other neighborhood stakeholders receive opportunities through the Hurt Park Neighborhood Alliance and/or the Hurt Park Advisory Committee, and through such other means and venues as may be appropriate, to review and comment on the planning and implementation of the activities being or to be undertaken. (2) Housing Development for New Homeownership - In order to contribute to the enhancement of the Hurt Park neighborhood's housing stock, the Subgrantee shall undertake the development of single-family housing through rehabilitation of existing housing, reconstruction of housing or new construction. All housing shall be developed in a manner consistent with the Hurt Park Neighborhood Plan, local and federal historic requirements and any design overlay which may apply to each development site under consideration. Such developments shall also be conducted in a manner consistent with the intent of Section l.b.(l) above and with project guidelines developed by the Subgrantee in consultation with and acceptable to the Grantee, and incorporated herein by reference. (a) Green Building Methods and Materials - To the maximum feasible degree, the Subgrantee will employ design and building methods, materials and components, including appliances, that are energy efficient and that contribute to sustainable housing. As part of employing green building techniques, the Subgrantee is encouraged to pursue such City of Roanoke tax incentives as may be available. (b) Affirmative Marketing - It is understood that the Subgrantee will make appropriate efforts to affirmatively market the homebuyer opportunities arising through this Agreement. Such efforts include informing the public of such through the media, interagency contacts (especially with respect to entities which advocate for special needs groups, such as Blue Ridge Independent Living Center, the League of Older Americans and others) or other such means. The Subgrantee shall maintain records of such affirmative marketing efforts for review by the Grantee. (3) :Owner- and Tenant-Occupied Housing Rehabilitation - In order to further contribute to the enhancement of the Hurt Park neighborhood's housing stock, the Subgrantee shall undertake the. rehabilitation of single-family, owner- and tenant-occupied housing. All housing shall be rehabilitated in a manner consistent with the Hurt Park Neighborhood Plan, local and federal historic requirements and any design overlay which may apply to each development site under consideration. Such rehabilitation shall also be conducted in a manner consistent with the intent Page 2 of 28 of Section I.b.( I) above and with project guidelines developed by the Sub grantee in consultation with and acceptable to the Grantee, and incorporated herein by reference. (4) Affordability - The Sub grantee shall ensure that properties assisted with HOME funds under this Agreement comply with the affordability requirements at 24 CFR 92.254, as applicable, including, but not limited to, the following: (a) With respect to housing newly constructed or rehabilitated for sale: (i) Buyers of the properties shall be eligible households, as described in section 1.e. below; (ii) Neither the value nor the sale price of the housing shall exceed the Section 203(b) limits promulgated by HUD; and (iii) For up to 15 years, depending on the amount and form of HOME assistance provided, either resale restrictions or repayment (recapture) requirements will be imposed on the buyer. These provisions shall be enforced by a written covenant declared by the Subgrantee and recorded with the property deed. The covenant shall provide that the Grantee be notified of any pending sale or transfer of the property during the applicable period of affordability. If affordability provisions are not met upon sale or transfer of the property, up to the full HOME investment, as applicable, shall be repaid to the Grantee. (iv) All covenants or other instruments shall be approved as to form by the Grantee. (2) With respect to any owner-occupied housing rehabilitated with HOME funds, the after-rehab value of the property shall not exceed ninety-five percent (95%) of the Section 203(b) limits specified by HUD. c. Performance Expectations - The efforts of the Subgrantee pursuant to the activities set forth under this Agreement are expected to achieve the following. (1) HUD Outcome Measurement: The primary outcome addressed by this program with respect to the HUD Performance Measurement System is to: · Provide increased availability or access to decent, affordable housing in the Hurt Park neighborhood. (2) Specific Quantifiable Objectives: It is expected that this project will achieve the following: · By June 30, 2009, it is expected that the Subgrantee shall complete the development of at least 4 single-family units and that sale of the units to eligible homebuyers shall be completed by December 31, 2009. · By June 30,2009, it is expected that the Subgrantee will complete the limited rehabilitation of at least 20 owner- or tenant-occupied units. d. Eligibility for Use of CDBG and HOME Funds - The activities to be performed under this Agreement Page 3 of 28 are eligible uses of the CDBG and HOME funds pursuant to the following: (1) Eligible CDBG Activities: Housing Rehabilitation, including Reconstruction; 24 CFR 570.202 (see note in Section l.d.(2) below). (2) Eligible Broad National CDBG Objective: Housing for Low- and Moderate-Income Persons; 24 CFR 570.208(a)(3). Note: Pursuant to the approval by HUD of the Grantee's Hurt Park Neighborhood Revitalization Strategy Area (NRSA) Plan, up to forty-nine percent (49%) of the housing units rehabilitated (or reconstructed) by the Partnership that receive only CDBG funding assistance, i.e. without any HOME funding assistance, may be units occupied or to be occupied by households exceeding the income limits prescribed in Section I.e. below. (3) Eligible HOME Activities: New Housing Construction or Rehabilitation (or Reconstruction) of Housing; 24 CFR 92.205. e. Eligibility: (1) Homebuyer and Owner-Occupied Housing Activities - An "eligible household" shall mean: in the case of homebuyer activities, a household purchasing the home for use as its principal residence; in the case of owner-occupied activities, a household which owns and is living in the unit as its principal residence. In both cases, the household income, projected for the twelve months following the determination and adjusted for household size, shall not exceed 80% of the area median established by HUD and in effect at the time the determination is made. The Subgrantee shall prepare, and retain with records of the project, documentation of its determination and verification of each household's size and income. The household must sign the contract for purchase within six months of the determination or the eligibility must be redetermined. (2) Tenant-Occupied Housing Activities - In order to assist a tenant-occupied property, the unit must be occupied by a low- or moderate-income household which is under a rental agreement with the property owner at an affordable rent. In the case of a structure with two units, at least one unit must be so occupied; for structures of three or more units, at least 51 % of the units must be so occupied. In order to qualify as low or moderate income, the income of the tenant household(s), projected for the twelve months following the determination and adjusted for household size, shall not exceed 80% of the area median established by HUD and in effect at the time the determination is made. The Subgrantee shall prepare, and retain with records of the project, documentation of its determination and verification of each household's size and income. Affordable rents must conform to the HOME rent limits established by HUD, which are inclusive of utilities, excluding telephone services. (See Attachment A for the current HOME rent limits and utility allowances). In the event a unit becomes vacant, the Subgrantee shall ensure that the property owner rents the unit to a low- or moderate-income household. Tenants occupying vacant units must sign the rental agreement within six months of the determination or the eligibility must be redetermined. Property owners shall agree to adhere to these requirements for a period of not less than three years upon completion of the repairs through a recorded enforceable agreement prepared by the Subgrantee and approved by the Grantee. f. Period of this Agreement - This Agreement shall be effective retroactively as of July 1, 2008, and, Page 4 of 28 unless amended, shall end December 31,2009. g. Budget - CDBG and HOME funds provided by the Grantee under this Agreement shall be as detailed in Attachment B. At the sole discretion of the Grantee, any funds remaining unexpended as of the 30th calendar day following the end date of this Agreement may be deobligated from the Agreement and made available for other CDBG or HOME projects of the Grantee. The commitment of funds by the Grantee to this Agreement shall not be construed as a commitment by the Grantee to provide further funding to this project. (1) Allowable Expenditures- Except as indicated below, funds provided by the Grantee under this Agreement may be used by the Subgrantee for both hard and soft development costs, including, but not limited to: property surveys, appraisals, environmental reviews and acquisition; demolition and clearance; construction labor and materials, including required infrastructure improvements; interest expense; title, recording and legal fees; and taxes, extermination, inspection and other closing costs. CDBG funds may be used for rehabilitation (which may include reconstruction), but shall not be used for new housing construction costs. Housing that is constructed or rehabilitated (including reconstruction) with HOME funds shall meet all applicable local codes, rehabilitation standards, ordinances and zoning ordinances at the time of project completion. Absent the Grantee's prior approval, the Subgrantee shall not use funds provided under this Agreement to acquire (1) any nonexpendable personal property, including equipment, (2) any real property at a price exceeding the value determined through appraisal, city assessment or other appropriate method or (3) acquire any property that is or would be occupied by legal tenants after the initial acquisition contact with the owner. Under no circumstances shall funds be expended for liens, fines or penalties associated with any property acquired or to be acquired. The maximum amount of HOME funds which may be expended to assist a unit shall comply with the limits specified in section l1.a. below. (2) HOME Match - HOME funds provided by the Grantee under this Agreement are subject to the match requirements of 24 CFR 92.218 through 92.222. The Subgrantee shall assist in meeting this requirement through such sources as the cash value of volunteer labor, both skilled and unskilled, invested in the units assisted with HOME funds provided under this Agreement; to the foregone yield attributable to any below-market interest rate on nonfederal permanent mortgage financing provided by the Subgrantee to a homebuyer; and to other eligible forms of match. With respect to skilled volunteer labor, the basis shall be the rate charged for such services; for unskilled labor, the basis shall be $10.00 per hour. The Sub grantee shall obtain and provide to the Grantee time records and the cash value of all volunteers labor provided for each HOME-assisted unit. The Subgrantee shall also report to the Grantee match attributable to below-market interest rate loans provided to homebuyers, using the Grantee's or comparable format. h. Contractor Procurement -- The Sub grantee shall obtain contractors for needed rehabilitation or new construction services according to its standard, written procurement procedures, ensuring that all such contractors comply with applicableHUD regulations, including those relating to lead-based paint. With respect to owner-occupied rehabilitation assistance, procurement procedures will offer beneficiaries opportunities to select from among the various contractors available while maintaining a competitive selection process. 1. Outreach and Intake Specialist -- In coordination and collaboration with the Grantee and the members of the Roanoke Neighborhood Development Partnership, the Subgrantee shall hire and train a part- time outreach and intake specialist to serve as a liaison between potential clients of the Hurt Park Page 5 of 28 neighborhood and the Partnership. The specialist shall market the services available to the homeowners and/or tenants in the Hurt Park community, determine the need and eligibility of the clients and bridge the gap between the Partnership and the residents of the neighborhood. (see Attachment C for job description) J. Subgrantee Investment -- In consideration ofthe in-kind or cash resources that the Sub grantee, as part of the Partnership proposal to the Grantee, indicated would be made available to the project, it is understood that the value of this investment in the project by the Sub grantee from such other resources is anticipated to be $197,149.00. 2. REQUESTS FOR DISBURSEMENTS OF FUNDS: a. Disbursements under this Agreement shall not be requested until the funds are needed for payment of eligible costs. Such requests shall be received by the 15th of each month and not more frequently than monthly. The amount of each disbursement request must be limited to the amount needed. b. Requests for disbursement of funds shall be submitted to the Grantee's Project Manager, if any, or Department of Planning, Building and Development and shall include copies of invoices or other appropriate documentation from contractors or other entities for work performed or costs incurred. In the case of property acquisitions, requests shall include settlement statements and property appraisal or assessment documentation. The use of standard American Institute of Architects (AIA) forms is preferred for requesting disbursement of funds for construction costs. Upon approval of the request by the Project Manager and/or Department of Planning, Building and Development, the Grantee shall disburse the funds to the Subgrantee. Approval of disbursement requests will be subject to timely receipt of monthly Subgrantee reports (see section 6 below). c. All requests for disbursements with respect to costs incurred during the period of this Agreement, as set forth in section 1.f., must be received by the Grantee within 30 calendar days of the ending date of this Agreement. The Grantee shall not be bound to honor requests for disbursements received after this 30-day period has elapsed. 3. AVAILABILITY OF FUNDS: CDBG and HOME 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. 4. PROGRAM INCOME AND REPAYMENTS: a. Proceeds from Housing Sales: (1) Upon the sale of a property assisted with CDBG and/or HOME funds under this Agreement, the Subgrantee may use the proceeds to retire any debt or recover any unreimbursed expenses it has incurred that are attributable to its development of the property. Thereafter, the Subgrantee may receive a Developer Fee equal to 10% of the Development Cost of the property. Such Development Cost shall include all hard and soft costs incurred by the Subgrantee that are attributable to its development ofthe property, but excluding the Subgrantee's general operating costs, whether or not reimbursed by the Grantee, the Developer Fees themselves and any downpayment/closing assistance provided to the homebuyer. Thereafter, any proceeds remaining Page 6 of 28 shall be considered program income and shared between the Grantee and the Subgrantee in the proportion to which each contributed to the Development Cost of the property. Should the sales proceeds be insufficient to allow the Subgrantee to retire its debt, recover its unreimbursed expenses or receive its developer fee, the Grantee shall not be liable for the insufficiency. (2) In the event a property is assisted by both CDBG and HOME funds provided under this Agreement, the Grantee's share referenced in subsection (1) above shall be distributed to CDBG program income or HOME program income according to the percentage each source is of the total CDBG and HOME funds contributed to the property. b. All program income, repayments, interest, and Grantee shares of proceeds or other returns on the investment of CDBG and/or HOME funds shall be submitted to the Grantee by the Subgrantee on or before the fifteenth of the month following collection. 5. REVERSION OF ASSETS: a. Upon expiration or termination of this Agreement, including any amendments thereto, the Subgrantee shall transfer to the Grantee any CDBG or HOME funds or CDBG or HOME Program Income on hand at the time of expiration or termination and any accounts receivable attributable to the use of CDBG or HOME funds. b. Any real property under the Subgrantee's control that was acquired or improved, in whole or in part, with CDBG funds in excess of $25,000: (1) Shall continue for a period of not less than five years following expiration of this Agreement, including any amendments thereto, to be used to meet one of the CDBG national objectives cited in 24 CFR 570.208; or (2) If the property is not used in accordance with paragraph (1) above, the Subgrantee shall pay the Grantee an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for the acquisition of, or improvement to, the property. The payment shall be considered Program Income to the Grantee. 6. REPORTING REQUIREMENTS: a. By the 7th working day following the end of each month, the Subgrantee shall report the progress of activities covered by this Agreement, in a format acceptable to the Grantee's Department of Planning, Building and Development. Such monthly reports shall include, but not be limited to, the following: (1) A narrative section summarizing progress to-date on the project, including affirmative marketing and Section 3 activities that have taken place; (2) Certifications regarding debarment and suspension of contractors, as described in section 11.j. ; (3) A list of monthly gross program income receipts from all sources; (4) A list of any real or non-expendable personal property, including equipment, purchased with CDBG and/or HOME funds; Page 7 of 28 (5) A cumulative table itemizing HOME Match credit documented; (6) A table providing data on each housing unit and eligible household assisted (see Attachment D for minimum data elements to be reported); and (7) A table providing demographic data on the households assisted (see Attachment E for the Grantee's standard format) b. The Subgrantee agrees to submit any other reports or documentation as requested by the Grantee concerning activities covered under this agreement. 7. 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 92.508,570.506, and 570.507, as applicable. b. Period of record retention - In compliance with the requirements of 24 CFR 92.508( c) and 570.502(b), the Subgrantee shall retain financial and project documents and records pertaining to this Agreement for a period offour (4) or five (5) 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 and 92.508(d). 8. MONITORING: a. The Subgrantee shall monitor the progress of the project(s) covered by this Agreement, and shall submit appropriate reports to the Grantee's Department of Planning, Building and Development. The Grantee reserves the right to monitor the Sub grantee's performance and financial and programmatic compliance, which may include on-site reviews, during the period of this Agreement. b. The Subgrantee shall monitor all HOME-assisted properties to ensure maintenance of their affordability for the minimum period. This Subgrantee responsibility shall continue so long as this Agreement or any other CDBG- and/or HOME-funded Agreement with the Grantee remains in effect. 9. ANNUAL AUDIT: Pursuant to Council policy adopted under Resolution No. 37281-010306, entities existing for at least two years and with an annual budget exceeding $50,000 are required to perform an annual audit. It is mutually understood that the Subgrantee has been in existence for at least two years as of the effective date of this Agreement. Furthermore, it is mutually understood that the Subgrantee has an annual budget exceeding $50,000. Therefore, the audit provisions of said Council policy apply to the Subgrantee. However, as an entity receiving more than $500,000 in federal funding from the Grantee, the Subgrantee is required to undergo an annual independent audit of the CDBG and HOME expenditures under this Agreement for federal purposes. The Subgrantee shall submit to the Grantee a copy of the audit within 30 days of its completion. Page 8 of 28 10. INSURANCE REQUIREMENTS: The Subgrantee involved in this Agreement shall maintain the insurance coverages set forth in the Attachments to this Agreement and provide the proof of such insurance coverage as called for in said Attachment. Such insurance coverage shall be obtained -at the Sub grantee ' s sole expense, approved by the City's Risk Manager, maintained during the life of the Agreement and shall be effective prior to the beginning of any work or other performance by the Sub grantee under this Agreement. Additional insured endorsements, if required, must be received by the City within 30 days of the execution of this Agreement or as otherwise required by the City's Risk Manager. 11. OTHER PROGRAMlPROJECT REQUIREMENTS: In addition to other requirements set forth herein, the Sub grantee shall likewise comply with the applicable provisions of Subparts F and H of 24 CFR part 92 and 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. Maximum per-unit subsidy amount and subsidy layering - The total amount of HOME funds invested shall under no circumstances exceed $123,922 for a one-bedroom unit, $150,690 for a two-bedroom unit, $194,942 for a three-bedroom unit, and $213,988 for a unit with four or more bedrooms. However, as set forth in section l.h., it is expected that the Subgrantee shall contribute the indicated minimum investment to the development of the properties provided for under this Agreement, which shall reduce the amount of HOME assistance per unit. Further, in accordance with 24 CFR 92.250, HOME funds invested in combination with other governmental assistance shall not exceed the amount necessary to provide affordable housing. b. Property standards and lead-based paint - All housing assisted with HOME funds under this agreement must, upon project completion, meet the property standards of 24 CFR 92.251. Those assisted with HOME and/or CDBG funds shall meet the Statewide Building Code. All properties assisted with HOME and/or CDBG funds shall meet the lead-based paint requirements in 24 CFR 92.355 and/or 570.608, respectively. In accordance with regulations, the Subgrantee shall adhere to le~d-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. c. Affirmative Marketing and Affirmatively Furthering Fair Housing - In accordance with 24 CFR 92.351 and 570.601 and the Grantee's Affirmative Marketing Procedures, the Subgrantee shall provide information and otherwise attract eligible persons in the housing market area to the available housing without regard to race, color, national origin, sex, familial status or disability. The Subgrantee will describe its affirmative marketing activities as part of the monthly reporting requirements described in section 6. d. 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 F) e. Conditions for religious organizations - The Subgrantee shall not grant or loan any HOME or 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 Page 9 of 28 or to assist primarily religious organizations in acquiring housing. In particular, there shall be no religious or membership criteria for tenants or buyers of any HOME- or CDBG-assisted properties. f. Labor standards - As presently structured, the programs included under this Agreement are not considered subject to federal Labor Standards, including prevailing (Davis-Bacon) wage rates for non- volunteer labor. Such standards will become applicable in the event CDBG or HOME funds are used for infrastructure improvements. Such standards will also become applicable for any single project in which more than 7 housing units are assisted with CDBG funds or more than 12 units are assisted with HOME funds or more than 7 units are assisted with a combination of CDBG and HOME funds. g. Environmental standards - In accordance with 24 CFR 85.36, 92.352 and 570.604, the activities under this Agreement are subject to environmental review requirements. Such requirements include, but are not necessarily limited to, historic significance, floodplain, clean air and hazardous sites. The Grantee has performed the tiered review necessary to initiate the preliminary program activities; however, no CDBG or HOME funds shall be disbursed by the Grantee for a given property prior to the Subgrantee's complying with the Grantee's environmental procedures, including the Subgrantee's completion of the required tier-2 environmental checklists and any required remedial actions. All such actions shall be carried out by the Subgrantee using qualified persons or entities. All property acquisitions shall be made contingent upon satisfactory results of the environmental process. All specifications for proposed housing rehabilitation under this Agreement shall be submitted to the Grantee's Department of Planning, Building and Development for review as to compliance with Section 106 of the National Historic Preservation Act. These specifications shall also be reviewed by the Grantee's Environmental Administrator to determine whether the potential for disturbing lead and other hazardous materials, such as asbestos, has been adequately taken into account. The Subgrantee agrees to adjust work specifications or activities in such manner as may be requested by the Grantee to ensure compliance with environmental requirements. The results of the historic and other environmental review activities shall be reflected in the Subgrantee's environmental checklist for the unit and/or project site(s). h. Displacement and relocation - In accordance with 24 CFR 92.353 and 570.606, the Subgrantee shall take all reasonable steps to minimize displacement as a result of the activities described in section 1. Furthermore, section 1 of this Agreement prohibits acquisition of any property which is occupied or would be occupied by legal tenants after the initial acquisition contact with the owner. Notwithstanding this prohibition, 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. 1. Employment and contracting opportunities - In accordance with 24 CFR 92.350 and 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 made available to low- and very-low-income residents and businesses of the area. In particular, for any contract valued at $100,000 or more awarded by the Sub grantee, funded in whole or in part with CD BG and/or HOME funds, the contractor shall evidence good faith efforts to hire such low- and very-low-income residents for training and employment opportunities, if any, that become available with respect to the contract activities. In the event that CDBG and/or HOME funds provided to the Subgrantee under this Page 10 of 28 Agreement exceed $200,000, but the Subgrantee does not award any contract valued at $100,000 or more, the Subgrantee shall evidence good faith efforts to hire such low- and very-low-income residents for training and employment opportunities of the Subgrantee, if any, that become available with respect to the activities undertaken pursuant to this Agreement. (See also Attachment F) J. Debarment and suspension - In accordance with 24 CFR 24, the Sub grantee 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 Planning, Building and Development 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. k. Uniform administrative requirements - The Subgrantee shall comply with the requirements and standards set forth in 24 CFR 92.505 and 570.502, and all applicable CDBG, HOME and other federal regulations pertaining to the activities performed under this Agreement. 1. Conflict of interest - In accordance with 24 CFR 92.356 and 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. 12. 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. 13. EQUAL EMPLOYMENT OPPORTUNITY: Non-Discrimination: During the performance of this Agreement, the Subgrantee agrees as follows: a. The Subgrantee will not discriminate against any employee or applicant 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 Page 11 of28 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. 14. 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 Sub grantee'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. 15. FAITH-BASED ORGANIZATIONS: Pursuant to '2.2-4343.1 of the Code of Virginia (950). as amended. the City of Roanoke does not discriminate against faith-based organizations. 16. COMPLIANCE WITH IMMIGRATION LAW: Pursuant to ~ 2.2-4311.1 of the Code of Virginia, the Sub grantee does not, and shall not during the performance of this Agreement in the Commonwealth, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986. 17. INDEMNITY: 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 of the Sub grantee 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 Page 12 of 28 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 judgment 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 judgment 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. 18. THIRD.PARTY CONTRACTS: The Grantee shall not be obligated or liable hereunder to any party other than the Subgrantee. 19. INDEPENDENT PARTIES: The relationship between the Subgrantee and the Grantee is not intended in any way to create a legal agency or employment relationship. Both parties acknowledge that neither is an agent, partner or employee of the other for any purpose. The Subgranatee shall be responsible for causing all required insurance, workers' compensation and unemployment insurance to be provided for all of the Subgrantee' s employees and subcontractors. The Subgrantee shall be responsible for all actions of the Subgrantee, its employees, agents and any of the Subgrantee's subcontractors, and that they are properly licensed. 20. SUSPENSION AND TERMINATION: a. 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. No payment will be made for expenses incurred after Subgrantee's receipt of notice of termination, except those expenses incurred prior to the date of notice that are necessary to curtailment of operations under this Agreement. The Agreement may be terminated for convenience in accordance with 24 CFR 85.44. b. In the event the Subgrantee, without prior written approval from the Grantee's Department of Planning, Building and Development, terminates the project prior to completing all units for which HOME funds have been disbursed, the Subgrantee shall be liable for repayment of all HOME project, administrative or operating funds disbursements, whether or not expended. 21. NOTICE: Any notice, request, or demand given or required to be given under this Agreement shall, except as otherwise expressly provided herein, be in writing and shall be deemed duly given only if delivered personally or sent by certified mail, return receipt requested to the addresses stated below. To the Grantee: Darlene L. Burcham, City Manager Room 364, Noel C. Taylor Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011 To the Subgrantee: Theodore J. Edlich, III, President & CEO Total Action Against Poverty in the Roanoke Valley, Inc. 145 Campbell Avenue, S.W. Roanoke, Virginia 24011 Page 13 of 28 Notice shall be deemed to have been given, if delivered personally, upon delivery, and if mailed, upon the third business day after the mailing thereof. 22. SUCCESSORS: This Agreement shall be binding upon each of the parties, and their assigns, purchasers, trustees, and successors. 23. 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. 24. AMENDMENTS: The Grantee may, from time to time, require changes in the obligations of the Subgrantee hereunder, or its City Council may appropriate further funds for the implementation of this HOME rehabilitation project. In such event or events, such changes which are mutually agreed upon by and between the Grantee and the Sub grantee shall be incorporated by written amendment to this Agreement. 25. GOVERNING LAW: This Agreement shall be governed by laws of the Commonwealth of Virginia. 27. UNANTICIPATED ARCHEOLOGICAL DISCOVERIES In the event that a previously unidentified archeological resource (i.e., intact levels or intact features such as a foundation) is discovered during ground disturbing activities, the Sub grantee shall immediately notify the Grantee, which in turn will notify the State Historic Preservation Office (SHPO). All construction work involving subsurface disturbance will be halted in the area of the resource and in the surrounding area where further subsurface remains can reasonably be expected to occur. The Grantee and the SHPO or a qualified archeologist approved by the Grantee and SHPO will immediately inspect the work site and determine the area and the nature of the affected archeological property. Construction work may then continue in the project area outside the site area. Within two (2) working days of the original notification of discovery, the Grantee in consultation with the SHPO will determine the National Register eligibility of the resource. Work in the affected area shall not proceed until either the development and implementation of an appropriate treatment plan; or the determination is made that the located resource is not eligible for inclusion on the National Register. The discovery of isolated artifacts shall not be cause for halting construction work. Note: The discovery of human skeletal remains and associated funerary objects encountered during the course of actions taken as a result of this Agreement shall be treated in accordance with the Regulations Governing Permits for the Archaeological removal of Human Remains (Virginia Register 390-01-02) found in the Code of Virginia (10.1-2305, et seq., Virginia Antiquities Act). The Subgrantee, in coordination with the Grantee, will obtain a permit from the SHPO for the removal of human remains in accordance with these regulations. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year hereinabove Page 14 of 28 written: ATTEST: FOR THE GRANTEE: By By Stephanie M. Moon, City Clerk Darlene L. Burcham, City Manager ATTEST: FOR THE SUB GRANTEE: By By Lora Brown, Assistant to the President Theodore J. Edlich, President & CEO APPROVED AS TO CDBG/HOME ELIGIBILITY APPROVED AS TO FORM Dept. of Planning, Building and Development Assistant City Attorney APPROPRIA nON AND FUNDS REQUIRED APPROVED AS TO EXECUTION FOR THIS CONTRACT CERTIFIED Assistant City Attorney Director of Finance Date Account # (See Attachment B) Page 15 of 28 Attachments Attachment A - Revised Income and Rent Guidelines Attachment B - Financial Accounts Attachment C - Job Description Attachment D - Housing/Beneficiary Reporting Elements Attachment E - Housing/Beneficiary Demographic Reports Attachment F - Special Federal Terms and Conditions Attachment G - Subrecipient Insurance Requirements Page 16 of 28 Attachment A April 29, 2008 To: City of Roanoke CDBG/HOME-Funded Programs From: Frank Baratta, Budget Team Leader Subject: Revised Income, Purchase and After-Rehab, Maximum per Unit Subsidy and Rent Guidelines Periodically, the Department of Housing and Urban Development (HUD) issues revised guidelines for CDBG/HOME program eligibility purposes. This memorandum provides several changes to previous eligibility limits that apply to various programs that use CDBG and/or HOME funds received from the City of Roanoke. All guidelines presented in this memorandum are effective immediately. Income Guidelines: The table below provides the revised limits for programs whose eligibility is based on family or household income. In most cases, the absolute maximum allowable income is shown in "80% MFI" column. Some HOME-assisted rental programs are required to target a portion oftheir units to the 50% or 60% MFI groups. Otherwise, the 30%, 50% and 60% columns are for classifying beneficiaries for reporting purposes. Income Limits (2008 Roanoke MSA Median Family Income: $60,200) Income Does Not Exceed Household or 30% MFI 50% MFI 80% MFI Family Size ("Extremely-Low ("Very-Low 60% MFI ("Low or Low/Mod Income") Income") Income") 1 person 12,650 21,050 25,260 33,700 2 persons 14,450 24,100 28,920 38,500 3 persons 16,250 27,100 32,520 43,350 4 persons 18,050 30,100 36,120 48,150 5 persons 19,500 32,500 39,000 52,000 6 persons 20,950 34,900 41,880 55,850 7 persons 22,400 37,300 44,760 59,700 8 oersons 23,850 39,750 47,700 63 550 With respect to housing programs, the determination of eligibility rests upon the income of all members comprising the "household." Service oriented programs are based upon the income of all members comprising the "family." Eligibility is determined by estimating income for the 12 months following application (intake) for assistance. The only exception is where the assistance involves being hired through a CDBG-funded job creation program or project, in which case the family income is determined for the 12 months prior to hire. HOME Maximum Purchase or After-Rehab Value Limits: Page 17 of28 HOME funds may not assist the acquisition of property that exceeds a purchase price of $200,160, nor may HOME funds assist the rehabilitation of a property whose after-rehab value will exceed this amount. HOME Maximum per Unit Subsidy: The amount of HOME funds that may assist the new construction or rehabilitation of a dwelling unit may not exceed the following limits. HOME Maximum per Unit Subsidy Bedrooms Subsidy Limit 0 $112,906 1 $129,426 2 $157,382 3 $203,600 4 $223,491 HOME Rents: The following apply to HOME-assisted rental units, and are considered affordable rents for CDBG- assisted rental purposes. HOME Rent Limits Category Effie 1 BR 2 BR 3 BR 4 BR 5 BR 6 BR Low HOME Rent Limit 477 508 656 782 872 963 1053 High HOME Rent Limit 477 508 656 832 909 1045 1182 For Information Only: Fair Market Rent 477 508 656 832 909 1045 1182 50% Rent Limit 526 564 677 782 872 963 1053 65% Rent Limit 665 714 859 984 1078 1171 1264 Again, please begin using these new eligibility limits immediately. Please contact me at 853-6405 if you have questions. c: Dan Webb, Acting Director of Neighborhood Services HUD Team Members Page 18 of 28 Attachment B 2008-2009 TAP Hurt Park Agreement Financial Accounts Funds Account No. Description Project Funds Reserved Total Activity: Limited Owner-Occupied Rehabilitation CDHO 35-009-0920-5534 TAP Hurt Park Rehab Project $121,592 --- $121,592 CDHO 35-009-0920-5535 TAP Hurt Park Rehab Delivery $40.531 --- $40,531 CD SO Subtotal $162,123 --- $162,123 Activity: Development of Homebuyer Housing CDSO 35-009-0920-5531 TAP Hurt Park Homeownership $30,000 --- $30,000 HOME 35-090-5368-5530 TAP Hurt Park Homeownership $377,976 --- $377,976 CDSO/HOME Subtotal $407,976 --- $407,976 Total CDSO and HOME Funds $570,099 --- $570,099 Page 19 of 28 Attachment C TOTAL ACTION AGAINST POVERTY JOB DESCRIPTION TITLE: . Hurt Park Consortium Outreach and Intake Specialist. PROGRAM: Housing and Community Development SALARY and CLASSIFICATION: I-year contract. $11-$12 per hour. 20 hours per week for a DEFINITION and PURPOSE: Perfonns client intake and clerical duties for the Hurt Park Consortium under the direction of the Director and Associate Director of TAP's Housing and Community Development agency. ORGANIZATIONAL RELATIONSHIPS: Work is perfonned under the general supervision of the Director and Associate Director ofHCD at TAP and in close communication with partnering agencies. RESPONSffiILITIES: · Serves as the coordinator of outreach to the Hurt Park community in order to market the program, and identify/recruit potential participants. · Completes pre-application requests for Housing Services Programs in Hurt Park. . . · Enters all applications in appropriate client tracking computer system. · Assists with maintenance of files and eligibility documentation. · Distributes applications to the appropriate members of the Hurt Park Consortium. · Acts as a liaison between the home-owners/tenants and the designated Consortium members. · Assists with client updates and tracking. · Attends and participates in various meetings with local support agencies. · Completes reports as requested. · Completes other activities as directed by the Director or Associate Director. ESSENTIAL KNOWLEDGE, SKILLS, AND ABILITIES: Ability to communicate benefits of the program and recruit potential clients; ability to operate various computer software with speed and accuracy; ability to spot check work identifying errors making necessary corrections; ability to prepare reports and maintain records; ability to communicate effectively orally and in writing; ability to establish working relationships with clients, co-workers, other professional and technical staff, social agencies, employers, and the general public. QUALIFICATIONS: High school graduate or equivalent. Office and computer experience or equivalent training. Experience in client services and working with low-income families desired. Must have dependable transportation to report to TAP for bi-weekly meetings. Must have an outgoing personality. Every TAP employee shares in the responsibility to mobilize community resources in support of TAP's anti-poverty mission. Page 20 of 28 Attachment D 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 the U.S. Department of Housing and Urban Development. The data provided by the Subgrantee shall include: Property Address -- Number of bedrooms -- Status (pending, under construction, completed or sold) Homeowner/Homebuyer Name Total Family Income (projected for 12 months following determination) Number in family Whether head of household is disabled Estimated total hard (incl. acquisition costs, if any) and soft costs to produce the unit CDBG funds committed to property -- HOME funds committed to property -- HOME/CHDO funds committed to property Prime Contractor Name Federal J.D. Number (or Owner Social Security Number) Whether Minority-Owned, Women-Owned or Both CDBG funds committed to Prime HOME funds committed to Prime HOME/CHDO committed to Prime Subcontractor Name (Provide separate data for each subcontractor) Federal J.D. Number (or Owner Social Security Number) Whether Minority-Owned, Women-Owned or Both CDBG funds committed to Subcontractor HOME funds committed to Subcontractor HOME/CHDO committed to Subcontractor Unit Sale Data (if property is for homeowners hip ) n Sales Price of Unit (excluding settlement charges) -- Closing Date After-Rehab Value (if owner-occupied rehabilitation activity) Page 21 of 28 Attachment E Housing/Beneficiary Demographics Report Also accompanying the monthly narrative report and the reporting elements given in Attachment D, 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.) 2 # of New Participants this Period (if applicable): 3 TOTAL # BENEFITING FROM ACTIVITY: (cumulative to date) (Beginning 07/01/07 - Ending 06/30/08) 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 22 of 28 Attachment F 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 u Provision of Training. 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 oftheDepartment 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 it has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers' representative of its 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 successor and assigns. Failure Page 23 of 28 to fulfill these requirements shall subject the. applicant or recipient, its Sub grantees 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 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 Sub grantee 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 Subgrantee will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the Contract Compliance Officer advising the said labor union or workers' representatives of the 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, as amended by Executive Order 11375 of October 13, 1967, and 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 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 Page 24 of 28 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 Sub grantee 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 Sub grantee agrees that it will assist and cooperate actively with the Department and the Secretary of Labor in obtaining the compliance of Sub grantees 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 Sub grantee 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 Sub grantees 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. 3. Nondiscrimination Under Title VI ofthe Civil Rie;hts 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 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 ithereon, 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 Page 25 of 28 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. Obligations of Sub grantee 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 Sub grantee 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 Against Payments of Bonus or Commission: The assistance provided under this Agreement shall not be used in the payment of any bonus or commission for the purpose of obtaining HUD approval of the application for such assistance, or HUD approval or applications for additional assistance, or any other approval or concurrence of HUD required under this Agreement, Title I of the Housing and Community Development Act of 1974, or HUD regulations with respect thereto; provided, however, that reasonable fees or bona fide technical, consultant, managerial or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as program costs. 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.C. 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 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. Page 26 of 28 10. Legal Remedies for Contract Violation: If the Subgrantee materially fails to comply with any term of this Agreement, whether stated in a Federal statute or regulation, an assurance, in a State plan or application, a notice of award, or elsewhere, the City may take one or more of the following action, as appropriate in the circumstances: 1) Temporarily withhold cash payments pending correction of the deficiency by the Subgrantee, 2) Disallow all or part of the cost of the activity or action not in compliance, 3) Wholly or partly suspend or terminate the current Agreement, or 4) Take other remedies that may be legally available. Page 27 of 28 Attachment G City of Roanoke Sub recipient Insurance Requirements Your attention is directed to the insurance requirements below. Particular attention should be given to Best's Guide rating requirement listed below. Please consult your insurance carrieres) or broker(s) regarding the insurance as prescribed and provided herein. Failure to comply with and maintain insurance requirements may result in the interruption, suspension or termination of the activities under this Agreement. Ty Je of Insurance Coverage General Liability Auto Liability Workers' Compensation Required by contract? Yes Yes Yes Workers' $1,000,000 $250,000 Compensation to Minimum Limits of Coverage Combined Combined Statutory Limits; Single Limit Per Single Limit Per $100/500/1 00 Occurrence Accident Employers' Liability Limit Minimum Best's Guide A-VII; must be A- VII; must be A- VII; must be an Rating 1 Other Requirements an admitted an admitted admitted insurer Insurer Insurer Additional Insured Yes N/A N/A Endorsement Required? Waiver of Subrogation? Yes N/A Yes Comments None Any insurance certificates evidencing coverage for which an additional insured endorsement is required must contain substantially the following language, "The City of Roanoke, its officers, agents, employees and volunteers are added as additional insureds." Additional insured coverage must be primary and the city's insurance program must be non-contributory. Page 28 of 28 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1 145 E-mail: clerk@roanokeva.gov SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA R. TYREE Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk September 3, 2008 Ann H. Shawver Director of Finance Roanoke, Virginia Dear Ms. Shawver: I am attaching copy of Budget Ordinance No. 38214-090208 reducing funds from the Commonwealth for current year budget reductions, and amending and reordaining certain sections of the 2008-2009 General Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting' held on Tuesday, September 2, 2008, and is in full force and effect upon its passage. Sincerely, ~rn.~ Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: The Honorable Octavia Johnson, Sheriff The Honorable Sherman A. Holland, Commissioner of the Revenue The Honorable Donald S. Caldwell, Commonwealth's Attorney The Honorable Evelyn W. Powers, Treasurer Darlene L. Burcham, City Manager William M.Hackworth, City Attorney R. Brian Townsend, Assistant City Manager for Community Development Sherman M. Stovall, Director of Management and Budget tv)( IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of September, 2008. No. 3821~-090208. AN ORDINANCE to reduce funding from the 'Commonwealth for current year budget reductions, amending and reordaining certain sections of the 2008-2009 General 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 2008-2009 General Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Revenues Sheriff Jail Per Diems Commissioner of Revenue Commonwealth's Attorney Treasurer Library CSA-State Pool Allocation General Relief Law Enforcement-599 VJCCCA State Budget Reductions 01-:110-1234-0611 01-110-1234-0651 01-110-1234-0612 01-110-1234-0610 01-110-1234-0613 01-110-1234-0656 01-110-1234-0691 01-110-1234-0674 01-110-1234-0658 01-110-1234-0723 01-110-1234-0607 $ (12,000) (3,000) 2,000 4,000 3,000 (1,000) (19,000) (1,000) (15,000) (1,000) 43,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~tn. 1YJ(h) City Clerk. .. C '0. : .. ~ . CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1 145 E-mail: c1erk@roanokeva.gov SHEILA N. HARTMAN, CMC Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA R. TYREE Assistant Deputy City Clerk September 3, 2008 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 38213-090208 authorizing local aid to the Commonwealth of Virginia. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, September 2, 2008. Sincerely, ~~m.~ Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: The Honorable Octavia Johnson, Sheriff The Honorable Sherman A. Holland, Commissioner of the Revenue The Honorable Evelyn W. Powers, Treasurer The Honorable Donald S. Caldwell, Commonwealth's Attorney Ann H. Shawver, Director of Finance William M. Hackworth, City Attorney R. Brian Townsend, Assistant City Manager for Community Development Sherman M. Stovall, Director of Management and Budget ~~t. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of September, 2008. No. 38213-090208. A RESOLUTION authorizing local aid to the Commonwealth of Virginia. WHEREAS, the General Assembly chose to respond to shrinking revenue growth by shifting to local governments the responsibility for reducing $100 million of core services; WHEREAS, the Governor signed into law this $100 million appropriation reduction for local governments in the 2008-2010 biennium without identifying the programs to be reduced; WHEREAS, these reductions are in addition to those made by the General Assembly and approved by the Governor affecting law enforcement, elementary and secondary education, profits from the Alcoholic Beverage Control Enterprise Fund and distributions of wine liter tax collections, constitutional offices, the upgrade of wastewater treatment facilities in conformance with water quality standards and goals, and farmland preservation, to name but a few; WHEREAS, the $100 million reduction will likely be carried forward into future biennia forcing city and county governments to choose between raising taxes or reducing services; and WHEREAS, the reduction in funding from the Commonwealth of Virginia to the City of Roanoke will total approximately $1.1 million and the Commonwealth of Virginia Department of Planning and Budget has made available to local governments options with respect to how the revenue reduction is to be recorded. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. Council hereby supports the reimbursement option for the revenue reductions and for recording the revenue reduction from the Commonwealth as Local Aid to the Commonwealth. 2. This recording on all financial records shall be shared with the Roanoke General Assembly delegation, the Governor, and local news media so that citizens understand the decisions made by Council in response to the Commonwealth's choice to delegate its constitutional obligation to local governments. ATTEST: ~Yn.~ City ~lerk. 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 City Web: www.roanokeva.gov September 2, 2008 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable Gwendolyn W. Mason, Council Member Honorable Alvin L. Nash, Council Member Honorable AnitaJ. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: FY 2009 State Budget Reductions Background: The FY 2008-09 General Fund budget adopted by City Council included a reduction in funding from the Commonwealth of Virginia in the amount of approximately $1.1 million. The State based the reductions on the level of funding that is provided to the City of Roanoke for the offices and programs outlined below: . Registrar/Electoral Board . Sheriff/Jail . Commissioner of the Revenue · Com monwealth Attorney . Treasurer . Library Aid · Rolling Stock Tax · Recordation Tax · Social Service - Comprehensive Services Act · Social Service - General Relief · House Bill 599 - Local Law Enforcement · Virginia Juvenile Community Crime Control Act The State funding reduction was passed on to the corresponding office or program as a part of the FY 2008-09 budget that was adopted by Council on May 12, 2008. In managing how the reduction in revenue will "flow" from the State to each locality, the Commonwealth of Virginia Department of Planning and Budget has identified three methods that can be selected as outlined on the next page: Honorable Mayor and Members of City Council September 2, 2008 Page 2 · Reduce direct revenue for each program based on the State calculated reduction for each program or allocate the total reduction in a different manner among programs. . Reimburse the State for the revenue reduction. · Use a combination of direct program revenue reductions and reimbursement payment. Regardless of the option selected, the end result is a reduction in revenue received from the State. The Virginia Municipal League (VML) has suggested to its members that the reimbursement option is the most preferable because it does not require localities to inform the State of the specific local reductions that were made as the result of less State revenue. Under the reimbursement option, the locality will receive the level of revenue allocated to it prior to the State reduction and is obligated to reimburse the State in January 2009 in the amount of the revenue reduction allocated to it. In essence, the locality returns a portion of the revenue received. Considerations: The selection of the reimbursement option has been made administratively and does not require Council approval. The appropriate revenue adjustments (transfers between accounts) need to be made to reflect the reimbursement option. VML has encouraged the adoption of a resolution in support of the reimbursement option because there is the belief that localities are providing "Local Aid to the Commonwealth" as the result of the inability of the State to solve its own budget issues. Recommendation: Adopt the attached resolution supporting the reimbursement option for the State reductions and for recording the revenue reduction as Local Aid to the Commonwealth. Adopt the accompanying budget ordinance to transfer funds between revenue accounts to reflect the City's election of the reimbursement option using a revenue account to be established by the Director of Finance titled Local Aid to the Commonwealth. Darlene L. Burc City Manager c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Sherman M. Stovall, Director of Management and Budget CM08-00 144 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 STEPHANIE M. MOON, CMC E-mail: c1erk@roanokeva.gov City Clerk SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA R. TYREE Assistant Deputy City Clerk September 3, 2008 William M. Hackworth City Attorney Roanoke, Virginia Dear Mr. Hackworth: At a regular meeting of the Council of the City of Roanoke which was held on Tuesday, September 2, 2008, you were reappointed as City Attorney of the City of Roanoke, for a term of two years commencing October 1, 2008, and ending September 30, 2010. Enclosed you will find a Certificate of your reappointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke. . Please return one copy of the Oath of Office to the undersigned by September 30, 2008. Sincerely, ~m.~hV Stephanie M. Moon, CMC City Clerk SMM:ew K:\oath and leaving service\Qualifications Council Appointed Officers\Constutional officers oaths2008.doc COMMONWEALTH OF VIRGINIA ) ) To-wit: ) CITY OF ROANOKE I,' Stephanie M. Moon, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the second day of September 2008, WILLIAM M. HACKWORTH was reappointed as City Attorney of the City of Roanoke, for a term of two years commencing October 1, 2008, and ending September 30,2010. Given under my hand and the Seal of the City of Roanoke this third dayof September 2008. ~h1.~hV City Clerk K:\oath and leaving service\Qualifications Council Appointed Officers\Constutional officers oaths2008.doc CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853.1145 STEPHANIE M. MOON, CMC E-mail: cJerk@roanokeva.gov City Clerk SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA R. TYREE Assistant Deputy City Clerk September 3, 2008 Stephanie M. Moon City Clerk Roanoke, Virginia Dear Ms. Moon: At a regular meeting of the Council of the City of Roanoke which was held on Tuesday, September 2, 2008, you were reappointed as City Clerk of the City of Roanoke, for a term of two years commencing October 1, 2008, and ending September 30, 2010. Attached you will find a Certificate of your reappointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke. Please return one copy of the Oath of Office to the undersigned by September 30, 2008. Sincerely, Qk~.~ Sheila N. Hartman, CMC Deputy City Clerk SMM:ew K:\oath and leaving service\Qualifications Council Appointed Officers\Constutional officers oaths2008.doc COMMONWEALTH OF VIRGINIA ) ) To-wit: ) CITY OF ROANOKE I, Sheila N. Hartman, Deputy City Clerk, and as such Deputy City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the second day of September, 2008, STEPHANIE M. MOON was reappointed as City Clerk of the City of Roanoke, for a term of two years commencing October 1, 2008, and ending September 30, 2010. Given under my hand and the Seal of the City of Roanoke this third day of September 2008. ~~ Deputy City Clerk K:\oath and leaving service\Qualifications Council Appointed Officers\Constutional officers oaths2008.doc CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 STEPHANIE M. MOON, CMC E-mail: clerk@roanokeva.gov City Clerk SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA R. TYREE Assistant Deputy City Clerk September 3, 2008 Ann H. Shawver Director of Finance Roanoke, Virginia Dear Ms. Shawer: At a regular meeting of the Council of the City of Roanoke which was held on Tuesday, September 2, 2008, you were reappointed- as Director of Finance of the City of Roanoke, for a term of two years commencing October 1, 2008, and ending September 30, 2010. Enclosed you will find a Certificate of your reappointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke. Please return one copy of the Oath of Office to the undersigned by September 30, 2008. Sincerely, ~tn.~ Stephanie M. Moon, CMC City Clerk SMM:ew K:loath and leaving servicelQualifications Council Appointed OfficerslConstutional officers oalhs2008.doc COMMONWEALTH OF VIRGINIA ) ) To-wit: ) CITY OF ROANOKE I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the second day of September, 2008, ANN H. SHAWVER was reappointed as Director of Finance of the City of Roanoke, for a term of two years commencing October 1, 2008, and ending September 30, 2010. Given under my hand and the Seal of the City of Roanoke this third day of September 2008. ~ m. h1~ City Clerk . - C K:\oath and leaving service\Qualifications Council Appointed Officers\Constutional officers oaths2008.doc CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 STEPHANIE M. MOON, CMC E-mail: cJerk@roanokeva.gov City Clerk SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA R. TYREE Assistant Deputy City Clerk September 3, 2008 Troy A. Harmon Municipal Auditor Roanoke, Virginia Dear Mr. Harmon: At a regular meeting of the Council of the City of Roanoke which was held on Tuesday, September 2, 2008, you were reappointed as Municipal Auditor of the City of Roanoke, for a term of two years commencing October 1, 2008, and ending September 30, 2010. Enclosed you will find a Certificate of your reappointment and an Oath or Affirmation ~f Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke. Please return one copy of the Oath of Office to the undersigned by September 30, 2008. Sincerely, ~h7.~ Stephanie M. Moon, CMC City Clerk SMM:ew K:\oath and leaving service\Qualilications Council Appointed Officers\Constutional officers oaths200B.doc COMMONWEALTH OF VIRGINIA ) ) To-wit: ) CITY OF ROANOKE I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the second day of September 2008, TROY A. HARMON was reappointed as Municipal Auditor of the City of Roanoke, for a term of two years commencing October 1, 2008, and ending September 30, 2010 Given under my hand and the Seal of the City of Roanoke this third day of September 2008. City Clerk tn.~ K:\oath and leaving service\Qualifications Council Appointed Officers\Conslutional officers oaths2008.doc CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@roanokeva.gov SHEILA N. HARTMAN, CMC Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA R. TYREE Assistant Deputy City Clerk September 2, 2008 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: Your attention is called to Section 9, Elections by council, when held, terms, etc., of the Roanoke City Charter which provides, in part, that during the month of September 1974 and during the month of September of the second year thereafter, the Council shall elect a City Clerk, a Director of Finance, a Municipal Auditor and a City Attorney, each of whom shall serve for a term of two years from the first day of October next following the date of their election and until their successor shall have been elected and qualified. Pursuant to the abovereferenced City Charter provision, the two-year terms of the following Council Appointed officers will expire on September 30, 2008: Stephanie M. Moon, CMC, City Clerk Ann H. Shawver, Director of Finance (unexpired term of Jesse A. Hall) Troy A. Harmon, Municipal Auditor William M. Hackworth, City Attorney Sincerely, ~~.~ Stephanie M. Moon, CMC Sif.- City Clerk SMM:ew CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, SW, Suite 461 PO Box 1220 Roanoke, Virginia 24011-1220 Telephone: (540) 853-2821 Fax: (540) 853-6142 ANN H. SHAWVER, CPA Director of Finance September 2, 2008 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable Gwendolyn W. Mason, Council Member HonorableAlvin L. Nash, Council Member Honorable Anita J. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Fiscal Year 2008 Unaudited Financial Report The following financial report provides the unaudited results of the City's financial performance during the fiscal year ended June 30, 2008. It is important to note that although the results presented here are believed accurate as of this date, they have l10t been audited, and are subject to change. The national economic decline is affecting our city somewhat by reducing the rate of local tax growth. The results were not unexpected, however, and General Property Taxes and Other Local Taxes met revenue estimates. General. Fund revenues in total fell slightly short of the budget due primarily to lower than expected reimbursements for Foster Care and Comprehensive Services. The expenditure budget exceeded prior year levels, with the largest increase in Community Development due to a required accrual of performance agreement grants, followed by the second largest increase in Health and Welfare. The General Fund undesignated fund balance is approximately $579,000. General Fund Revenues: The 2008 General Fund revenue budget was $259.7 million, while actual collections totaled $259.1 million. The current revenue budget for FY08 anticipated 5.2% growth over the prior year. Actual revenues increased $12. T million or 4.9% over FY07 due to strong performance of local taxes and other local revenues. General Property and Local Taxes Detail: This category makes up 67% of the General Fund revenue budget. Actual collections exceeded budget by $1.6 million, an increase of 4.7% over FY07. Real Estate Taxes. the largest single source of the City's revenues, are up $5.1 million or 7.4% due to growth in assessed values and larger billings for new construction, as well as increased collection of delinquent accounts. State Sales Tax. our second largest local tax, is under budget by 4.7%, and is I down approximately 1.9% from FY07 due to current economic impacts. Personal PropertY Taxes. our third largest local tax revenue, grew in FY08 for the fourth consecutive year. This category exceeded budget by 5.5% due to growth in the business and vehicle area. Utility Taxes. Franchise Tax and Telecommunications Tax, as a group, is the fourth largest local tax. This group of revenues exceeded budget by 5.8% and increased $1.2 million over the prior year. Leading the growth was the telecommunications tax, put in place in January 2007 to replace several local taxes. Growth from this tax surpassed expectations. Business and Professional Occupational License (BPOD Tax. our fifth largest source of local tax revenue, fell slightly short of the revenue estimate. The tax is based on gross receipts of businesses, and therefore negatively affected by the economy; however this tax still increased 2.8% over the prior year. ? Prepared Food and Beverage Taxes, the City's sixth largest local tax source, rose 4.5% compared to the prior year and remained strong despite slowing consumer spending in other areas. Cigarette Tax. which provided $2.9 million in revenue, grew 20% over FY07 due to a market correction after a negative consumer reaction to a rate increase last year. The tax met its revenue estimate. Motor Vehicle License revenues contributed $1.7 million but fell short of the budget by 5.5% due to a slower than normal payment rate. This timing difference 'is primarily due to the change in decal policy, and is expected to reverse in future periods. Other local taxes such as Public Service Corporation, Transient Room, and Recordation and Probate exceeded revenue estimates and most resulted in increases over the prior year. Intergovernmental Revenue Detail: This category includes State and Federal funding. Intergovernmental revenues totaled $70.7 million and make up 27% of the total budget. These revenues increased 8.2% over the prior year, however, were 3.2% short of the budget due to lower than expected reimbursable expenditures. Funding increased for jail per diems, street maintenance reimbursements, social.services reimbursements, and Compensation Board salary reimbursements. Other Local Revenues Detail: All other local revenues collectively contribute 6% to the General Fund. Permits. Fees and Licenses increased $333,000 over the prior year due to permits obtained for large construction projects. Revenue from the Use of Monev and Prooerty totaled $1.1 million and exceeded budget. This category was impacted by a decrease in rental income when the Carilion Biomedical Center lease ended, and due to a change in the method of allocating interest to all funds. 3 Charges for Services declined $939,000 from the prior year attributed to a decline in the. number of federal prisoners housed at our jail. Many federal . prisoners are now being housed at the new regional jail in Abingdon. Internal Services revenue of $3 million fell short of budget by 1 %. However, this revenue source grew 10.9% over the prior year, primarily due to increased special education related billings to the School Board for their share of Comprehensive Services Act expenses. Other charges in this category are billings for the airport fire station, school resource officers, municipal audit services to Schools, and charges to other City funds. Expenditures: Total General Fund expenditures and encumbrances for FY08 were $261.6 million; $2.1 million less than the authorized budget, and increased 4.7% over FY07. The FY08 average employee pay raise of 4% affects most categories.. All variances detailed below are in addition to the personnel cost increase. \ Health and Welfare expenditures increased 13.5% due to higher Foster Care, Adoption and Daycare Services expenditures as a result of a higher rate of child placement. In addition, with the exception of non-mandatory and Medicaid local match expenditures, the majority of expenditures within the Comprehensive Services Act increased over last year. Community Develooment costs increased 24.0% over FY07 due to the required accrual of grant payments expected under three Economic Development Performance Agreements for Faison-Southern Lane, LLC (Home Depot), Valley View Mall, LLC (District at Valley View), and IMD Investment Group (Ukrops). The three expected payments total just over $1 million. All other expenditure categories of the General Fund collectively represent a 2.5% increase over FY07. General Government is up 5.3% from the prior year due primarily to electoral board and tax sale expenditure increases. Public Safety expenditures are 3.1 % higher in the current year, primarily due to an increase in workers compensation medical charges, internal services billings, and motor fuel expenditures. Parks, Recreation, and Cultural expenditures grew 3.9% due primarily to additional Library costs. Transfer to School Fund 4 increased $3.7 million based on the school funding formula which allqcates approximately 36% of local taxes to the School Board. Transfer to School Capital Projects Fund totaled $1.2 million for the School Roof Replacement project and to finalize the Patrick Henry High School project. Non-departmental expenditures and obligations fell 12.0% due to a net decrease in transfers to other funds of the City. Transfers vary from year to year based on transactions between the General Fund and other funds of the City. School Fund Revenues: The 2008 School Fund revenue budget was $139.5 million, while actual receipts totaled $138.3 million. This is an increase of 3.7% over the prior year due to additional funding from the Commonwealth, and from the General Fund. State Sales Tax fell 5.1 % or almost $650,000 short of budget due to economic declines. Revenues from the State were $1.4% or over $846,000 less than budget due to cuts in Special Education, Disparity Incentives, and Basic State Aid. Federal funding increased this year, bringing this revenue back in line with expected funding levels. Charaes for Services revenue fell .9% short of budget due to an administrative change in billing policies for special transportation trips. Interest received by the School Fund totaled over $200,000 this year, due to an increase in its average daily cash balance. Transfers from the City's General Fund increased 6.3% as discussed previously. Expenditures: The FY08 School Fund expenditure budget totaled $145.7 million, including the appropriations of prior year fund balance of $4.5 million. Actual obligations 5 totaled $139.1 million which is an increase of $8.7 million or 6.7% over FY07. Salary and benefit costs include pay increases of 5% for instructional personnel; and health insurance costs decreased by $1.5 million based on an updated calculation of funding required by the medical insurance plan. The cost of Joint Operations decreased $877,000 due to reduced spending in Special Education for this category. Facilities costs included $1.4 million to purchase textbooks with undesignated fund balances, $648,000 toward the purchase of a new financial system, and $377,000 toward furniture and fixtures for Patrick Henry High School. Plant, Operation, and Maintenance expenditures were slightly below estimates. Other expenditures included transfers to the School Capital Projects Fund; $750,000 toward the cost of construction for the new William Fleming High School and $526,000 for the roof replacement of the James Madison Middle School. Enterprise Funds. The City's Enterprise Funds include Civic Facilities, Parking and Market Building operations. These funds are intended to operate in a manner such that operating expenses are recovered in the form of user charges. Historically, the General Fund has subsidized the Civic Facilities and Market Building Funds. Brief comments on each of the City's Enterprise Funds are as follows. Civic Facilities Fund: The total 2008 Civic Facility revenue budget was $5.2 million. Revenues from operations were expected to be $3.1 million; however actual results fell short by $863,000. Operations were affected by increasing event prices, lack of a sports team, and declining discretionary income of patrons. Operating revenues were down $165,000 from the prior year, while operating expenses decreased by $31,500. Significant decreases in Catering/Concessions revenue are due to the outsourcing of those functions. FY08 revenues in this category reflect the City's share of profits with very few related expenses. Early analysis indicates that the outsourcing has been marginally beneficial to the City, despite not reaching projected revenues. 6 The General Fund planned subsidy of $2.1 million increased by $666,450 based on the net operating results of the fund. The General Fund subsidy also covers cash requirements for principal payments on long term debt in the amount of $605,000. Parking Fund: The City's Parking Fund operates seven garages and six surface lots with a total 2008 budget of $3.0 million. Operating revenues increased $123,000 over the prior year as a result of aggressive management, selective rate increases, expanded collection times, and continued violation enforcement. Operating expenses increased $9,000 over FY07. The Parking Fund achieved a net operating income of $970,000, which is a significant increase over last year. This increase is due to a' correction made in FY07 regarding FY04-FY06 depreciation. Adjusted for this one time correction, the increase over last year was 12%. Total net income for FY08 was $781,000. The Parking Fund meets all cash flow needs, including debt service, without General Fund subsidy and generates working capital us'ed to fund facility improvements and repairs. Market Building Fund: The 2008 Market Building Fund budget was $325,000. Operating revenues were down due to the loss of three tenants. Operating expenses were $9,000 less than the prior year due to savings in utilities and custodial costs, part of which were offset by increased maintenance costs. The FY08 operating loss of $123,000 was consistent with the prior year. The General Fund subsidy for FY08 was $35,000. Prior year transfers included $125,000 for Market Building renovations. City Fund Balances The Budget Stabilization Reserve serves as a funding source for emergencies or unforeseen declines in revenues, and it is supported by the Budget Stabilization Reserve Policy w'hich was adopted by City Council in April 2005. The policy 7 states that the reserve minimum will be 5% of the General Fund budget with a target of 8%. The balance as of June 30, 2008 is $18,839,896 or 7.25% of the budget, an increase from 7.19% at the end of the prior year. The reserve increased in the amount of $712,670 as a result of interest earnings. The Reserve for Uninsured Claims is provided by City Code and provides that an annual allocation of $250,000 will be made to develop a reserve equal to 3% of the General Fund budget. The current year allocation will not fully fund estimated long term liabilities of the self-insured workers compensation program, but enables progress in the funding level. The FY08 allocation is $250,000 and theJune 30, 2008 balance is $1,514,416 or .57% of budget. The Reserve for Encumbrances is the balance required to be carried forward to meet contracted obligations of the City; which were not completed by the end of the fiscal year and will be paid during the upcoming year. City Council approves re-appropriation of these amounts during budget adoption. The FY08 commitments carried forward total $1,374,149. Undesignated Fund Balance remains after all revenues and obligations of the General Fund are accounted for, including reserve allocations. This' balance is shared with the School Board using the same formula through which local tax revenues are shared. The FY08 ending balance is $578,652, allocated as $344,684 to the City and $233,968 to the Schools. School Fu nd Balances A Reserve for Uninsured Claims is maintained by the School Board in the amount of $350,000. A Reserve for Encumbrances of $938,248 is required in order to provide funds to cover purchase orders from June 30th which will be paid during the upcoming fiscal year. The School's FY08 unaudited undesignated balance is $5,382,424. In addition, the School share due from City as noted previously is $233,968, resulting in a 8 total year end Undesignated Fund Balance of $5,616,392. We would like to note that a significant additional adjustment is expected to be recorded by Roanoke City Public Schools to comply with the requirements of GASB 45, Accounting and Financial Reporting by Employers for Postemployment Benefits Other Than Pensions. This will have the effect of reducing its undesignated fund balance. Conclusion Although we believe the results presented in this report are materially correct, except as noted regarding school balances, we would like to reiterate that the General and School Fund amounts discussed within this report are unaudited and subject to change during the course of our external audit. A report of all funds of the City will be included within the Comprehensive Annual Financial Report which is currently being prepared. We would like to thank City Council, the administration, and especially the dedicated staff of the Department of Finance for their support throughout FY08. Sincerely, (J)~~ Ann H. Shawver Director of Finance AHS:lvc Attachment c: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Stephanie M. Moon, City Clerk James Grigsby, Assistant City Manager R. Brian Townsend, Assistant City Manager Sherman M. Stovall, Director of Management and Budget 9 City of Roanoke, Virginia General Fund Undesignated Fund Balance June 30, 2008 (Unaudited) General Fund Undesignated Fund Balance Allocation General Fund Revenues Under Estimated Amounts General Fund Unobligated Appropriations Less: Allocation to the Reserve for Uninsured Claims Less: Allocation of Interest to the Budget Stabilization Reserve Total General Fund Undesignated Fund Balance Undesignated Fund Balance Allocated to Schools Undesignated Fund Balance Retaine.d by City 10 $ (594,354) 2,135,676 (250,000) (712,670) 578,652 (233,968) $ 344,684 City of Roanoke, Virginia Calculation of General Fund Undeslgnated Fund Balance to Allocate to the School Board June 30, 2008 (Unaudited) Local Taxes General Property Taxes Other Local Taxes Total Local Taxes Less: Local Taxes Dedicated for Specific Purposes Current Downtown District Real Estate Tax Delinquent Downtown DistriCt Real Estate Tax Current Williamson Road District Real Estate Tax Delinquent Williamson Road District Real Estate Tax Downtown District Public Service Tax Local Taxes Dedicated to Ivy Market Performance Agreement Local Taxes Dedicated to Home Depot Performance Agreement Local Taxes Dedicated to District at Valley View Performance Agreement Utility Consumer Tax Dedicated to Roanoke River Flood Reduction Telecommunications Taxes Dedicated to E-911 and Cable TV Access Channel Cigarette Tax to Support Debt Service of Bonds Issued for Jail and Juvenile Detention Home Motor Vehicle License Tax to Support Debt Service of Bonds Issued for Jail and Juvenile Detention Home Cigarette Tax for COPE Team and Convention and Visitor's Bureau Transient Room Tax to Support Convention and Visitors Bureau Telecommunications Right of Way Use Fee Dedicated to Paving One Cent Real Estate Tax Dedicated to Economic Development One Cent Transient Occupancy Tax Dedicated to Tourism Ten Cents Cigarette Tax Dedicated to Curb, Gutter and Sidewalk Debt Service on Bonds Issued for Innotech Project Admissions Tax Dedicated to Civic Center Project or Cultural Agencies One Cent Meals Tax Dedicated to Debt Service Cigarette Taxes Dedicated to Curb, Gutter and Sidewalk Debt Service Net Local Taxes School Percentage Share of Local Taxes $ 106,962,182 73,716,838 180,679,020 (310,326) (2,581 ) (86,542) (3,010) (27,608) (535,798) (200,000) (304,648) (808,000) (1,800,000) (305,000) (325,000) (501,429) (200,000) (344,871 ) (608,983) (402,036) (533,817) (965,845) (40,333) (2,312,189) (386,100) 169,674,904 36.42% * School Share of Local Taxes 61,795,600 Other Adjustments: Deduct Interest Eamings Add Roanoke Adolescent Health Partnership (200,000) 25,000 61,620,600 Net School Transfer Less additional amount for textbooks Less: FY08 Local Funding Provided to School Board Allocation of Undesignated Fund Balance to School Board * Percentage share based on Revenue Allocation Model $ (61,386,632) 233,968 11 City of Roanoke, Virginia School Board Undesignated Fund Balance June 30, 2008 (Unaudited) School Fund Undesignated Fund Balance Allocation School Fund Revenues Under Estimated Amounts School Fund Unobligated Appropriations Add: Decrease in Workers' Comp Trust Fund Total School Fund Undesignated Fund Balance Allocation General Fund Undesignated Fund Balance Allocation Total School Undesignated Fund Balance 12 $ (1,252,333) 6,558,989 75,768 5,382,424 233,968 I $ 5,616,392 City of Roanoke, Virginia Budget Stabilization Reserve Per Resolution 37053 (Adopted May 10, 2005) June 30, 2008 (Unaudited) Reserve Roll Forward: Budget Stabilization Reserve, July 1, 2007 . Interest earnings Amount $ 18,127,226 Budget Stabilization Reserve, June 30,2008 Reserve Policv Parameters: Total General Fund Budget FY09 Minimum Designated Budget Stabilization Reserve Total General Fund Budget FY09 T araet Designated Budget Stabilization Reserve 13 712,670 $ 18,839,896 $ 259,894,000 5% $ 12,994,700 $ 259,894,000 8% $ 20,791,520 % Budget 7.19% 7.25% CITY OF ROANOKE. VIRGINIA GENERAL FUND (FY 2008 UNAUDITED) STATEMENT OF REVENUE Year to Date for the Period Current Fiscal Year Percent of Revised Revenue Revenue Estimate Estimates Received $ 96,801.000 102.2% 74,210.000 99.3% 1.224,000 120.5% 1,367.000 114.0% 872,000 122.6% 73.023.628 96.8% 38,000 102.0% 8,496,000 94.5% 2,963,175 99.0% 731,000 97.5% S 259.725.803 99.8% $ July 1 - June 30 July 1 . June 30 Percentage 200&-2007 2007.2008 of Change 93.084.689 $ 98.888,722 6.2 % 71,787,198 73.716,838 2.7 % 1,142.724 1,475.370 29.1 % 1.540.598 1,558.039 1.1 % 1,799.751 1,069,390 -40.6 % 65.379,488 70.710.760 8.2 % 19,384 38,769 100.0 % 8.966,045 8,026,551 -10.5 % 2.645,175 2.934,431 10.9 % 638.600 712.579 11.6 % 247.003.&52 S 259.131.449 4.9 % Revenue SOurce General Property Taxes Other Local Taxes Permits. Fees and Licenses Fines and Forfeitures Revenue from Use of Money and Property Grants-in-Aid Commonwealth Grants-in-Aid Federal Government Charges for Services Internal Services Miscellaneous Revenue Total s . STATEMENT OF EXPENDITURES AND ENCUMBRANCES Year to Date for the Period Current Fiscal Year Percent of July 1 - June 30 July 1 - June 30 Percentage Unencumbered Revised Budget EXpenditures 2006-2007 2007-2008 of Change Balance Appropriations Obligated General Government $ 12,759.946 $ 13,436,143 5.3 % $ 107,233 $ 13.543,376 99.2% Judicial Administration 8.047,258 7.993.879 .{J.7 % 70.047 8,063.926 99.1% Public Safety 60,826.590 62,698,996 3.1 % 334,542 63.033.538 99.5% Public WoOls 25.002.707 24.875.907 .{J.5 % 313.557 25,189.464 98.8% Health and Welfare 37.194,514 42.219.231 13.5 % 560,100 42.m,331 98.7% Parks, Recreation and Cultural 10.695,723 11.111.252 3.9 % 197,096 11,308,348 98.3% Community Development 5,860.222 7,267.534 24.0 % 53.174 7,320.708 99.3% Transfer to Debt Service Fund 19.134,406 18.990,691 .{J.8 % 18.990.691 100.0% Transfer to School Fund 59,669.043 63.561.817 6.5 % 63.561,817 100.0% Nondepartmental 10,676.367 9.398.424 -12.0 % 499.927 9,898,351 94.9% Total S 249.866.n6 S 261.553.874 4.7 % S 2.135.676 S 263.689.550 99.2% ~ CITY OF ROANOKE, VIRGINIA SCHOOL FUND (FY2008 UNAUDITED) STATEMENT OF REVENUE Year to Date for the Period Current Fiscal Year Percent of Revised Revenue Revenue EstImate Estimates Received $ 12,765,622 94.9 % 62,121,190 98.6 % 175.000 136.4 % 2,042,482 99.1 % 0.0 % 62,403,133 100.0 % S 139,507,427 99.1 % Revenue Source State Sales Tax Grants-in-Aid Commonwealth Grants-in-Aid Federal Government Charges for Services Interest On Investments Transfer from Other Funds Total July 1 . June 30 2006-2007 $ 11,958,601 60,141,541 138,817 2.468,093 58,669,043 S 133,376,096 July 1 . June 30 2007.2008 $ 12,116,108 61,274,938 238,660 2.023,371 209.384 62.392,633 S 138,255,094 Percentage of Change 1.3 % 1.9 % 71.9 % -18.0 % % 6.3 % 3.7 % STATEMENT OF EXPENDITURES AND ENCUMBRANCES Year to Date for the Period Current FIscal Year Percent of July 1 - June 30 July 1 . June 30 Percentage Unencumbered Revised Budget ExDendltures 2006-2007 2007-2008 of Change Balance Appropriations Obligated Instruction $ 93,549,415 $ 95,902.343 2.5 % $ 2.219.546 $ 98.121.889 97.7 % General Support 6,359.908 8,120.935 27.7 % 2.629.186 10,750.121 75.5 % Transportation 6,125,999 6.281.272 2.5 % 370.003 6,651.275 94.4 % Operation and Maintenance of Plant 14,350.247 14.888.817 3.8 % 30,766 14,919,583 99.8 % Facilities 1,351.309 4,081.686 202.1 % 464,060 4,545,746 89.8 % Other Uses of Furids 8,678.4n 9.840,454 13.4 % 845,428 10.685.882 92.1 % Total S 130,415,355 S 139,115,507 6.7 % S 6,558,989 S 145,674,496 95.5 % 15 CITY OF ROANOKE, VIRGINIA CIVIC FACILITIES FUND COMPARATIVE INCOME STATEMENT FOR THE TWELVE MONTHS ENDED JUNE 30, 2008 (FY2008 UNAUDITED) FY 2008 FY 2007 Operating Revenues Rentals $ 843,816 $ 617,417 Event Expenses 252,504 232,646 Display Advertising 54,169 93,837 Admissions Tax 380,163 308,200 Electrical Fees 27,913 21,448 Novelty Fees 77,105 49,797 Facility Surcharge 263,695 229,315 Charge Card Fees 93,139 62,777 Commissions 79,216 49,157 Catering/Concessions 176,134 748,648 Other 795 635 Total Operating Revenues 2,248,649 '2,413,877 Operating Expenses Personal Services 1,936,636 2,099,072 Operating Expenses 1,760,785 1,967,058 Depreciation 871,402 534,190 Total Operating Expenses 4,568,823 4,600,320 Operating Loss (2,320,174) (2,186,443) Nonoperating Revenues/(Expenses) Interest on Investments 21,384 38,103 Transfer from General Fund 2,741,442 3,374,490 Transfer to Debt Service Fund (61,869) (63,369) Interest and Fiscal Charges (647,204) (93,866) Loss on Disposal of Asset (40,447) Miscellaneous 819 67,853 Net Nonoperating Revenues 2,014,125 3,323,211 Net Income/(Loss) $ (306,049) $ 1,136,768 I. ') '" " tJ ~ pu ~ ;4. ~ s ~ g ~ f"""i'-. ('D o CL Hj cr ~'-< ~ . f"""i'- ::::s ~ ~ ([). n ('D "~ .s:: ::::s ('D w o ...., N o o 00 I~ ~n ~ ~. ('D ~" ~~ ~O o..~ ~~ S. 0 ~ ~ (j ~ ~. 0 a~ ~(D ~ ~ ~ -< ::::s ~ · f"""i'- ~ ~(JQ ~. I.........l o r--. ::::s ~ ~. ~ N ...., o [ ~ N ,j::>. -...J '0 o .W 0\ VI N ~ N VI .\0 ...... w ...... .,j::>. ,j::>. \0 ~ ...... ]V ...... N -...J ':....J \0 -...J ,j::>. \0 ~. ~ N VI \0 ':....J N vVl 00 o w \0 ~ 00 ~ ~ 00' C'l !l. S ::l (t> o s:: 00 0\ w .00 0\ o o -...J ...... N VI -...J \0 -...J W 'i.O -...J \0 ...... ...... 0\ ~ -...J W ...... '0 o o \0 -...J VI ~ ...... ::l (t ::3 a r/l ~ <: O' G 00 N ~ .VI ...... -...J VI N \0 w ,j::>. v,j::>. W ...... N 00 \0 .N VI 0\ ...... o \0 ~ N \0 0\ w ...... -...J VI \0 \0 o ~ () =- l>l .... (]Q G 00 S' .... r/l G .... <: O' G 00 00 \0 0\ 0\ '0 ,j::>. VI 00 '0 N 0\ V. VI ...... ,.-., \0 w \0 .,j::>. \0 ~ I ...... :=- VI '::!( o 00 .,j::>. \0 0\ '0 o o \0 ,j::>. VI ~ Cl .... l>l a Of :i' ;I> Q.: 'Tj (t> 0.. G .... a ...... \0 W 00 ,j::>. w 00 ':....J 0\ \0 ...... \0 W 00 VI ...... o o o '::!( o w 00 '0 o o ...... o N o ~ Cl .... l>l a 00 I S' ;I> Q.: () o S S o ::l ::;:: G a So 0\ VI W -...J \0 .,j::>. 00 00 -...J o ':....J. ...... .0 -...J 0\ o VI W w ...... '"tv -...J N 00 N ~ I ,j::>. o 0\ . ~ -...J W '0 N W 0\ N 00 \0 ?" 00 ~ ...... ::l <: G 00 a- G' ::l ,...,. ~ 0.. .~ ::l [ 5" ('l o S G ...... ':....J \0 \0 ':....J VI ...... ...... '0 0\ \0 W \0 o ,.-., -...J W o W 0\ ...... '-' 00 -...J N '0 o o ...... N N 0\ ?t '"r:I S' G 00 Ro 'Tj o .... ~ E' .... G 00 ...... v. ,j::>. .0 VI \0 00 VI VI 00 .0 w \0 ...... -...J .,j::>. ,j::>. ...... ...... ~ ...... W 0\ -...J '0 o o ...... ...... ,j::>. o ?t '1:1 G .... ~. .00 'Tj G (t> 00 Ro l' o' G ::l 00 G 00 ...... ,j::>. N ':....J N ,j::>. ...... .,j::>. -...J VI W -...J o w w ]V ~ 0\ N :0 ...... ~ N N ,j::>. '0 o o ...... N o VI ?t o So ~ l' o ('l e:. ...., l>l :x -...J ...... ':....J 00 .-...J ...... \0 00 -...J W ':....J ...... 0\ 00 w 00 ...... \0 N \0 ~ o N -...J ~ -...J ,j::>. '"tv ...... o '0 o o \0 \0 W ?t Cl G ::l G .... a '1:1 .... .g G .... ,...,. '<: ...., l>l :x ~ ~ \0 w .0 00 .,j::>. 0\ 00 \0 N o o -....J > n .... = a ~ ~~ = ~ = 0 = 00 ~> ~ n c..... ---= a \0 .00 00 00 .00 -...J N N ~ ~ < = "'I ;. = n ~ VI 00 o ,j::>. '0 w w 9' N ~ < = "'I ;. ~ = n ~ ~ ~ N o o 00 c= = 0.. II"Q ~ .... \0 .0\ 00 o ...... '0 o o ...... o N tv ?t ("')~ = 0 =c= ~ = ~Jt o..a o (D ~ CD 1-1 ~ ~ ~ ~ ~ (:L ~ CD < CD g CD 00 w ...., o ...... a v; ~ 00 -...] 00 00 -...] v; ...... -...] .N 0'\ o VI VI 0'\ o v; -...] ':....J <..;.l <..;.l 0'\ -...] <..;.l oj::. ~ '$. v; ...... -...] ...... '0 ...... ...... '0 o o ...... o :=' \0 '$. ~ o :;- G '"' r-' o (') e:- ...., ~ :>< G '" VI ~ VI ,0'\ ~ 00 VI 00 <..;.l ,0 ...... -...] oj::. ~ ...... I'-) 0'\ 'oj::. -...] oj::. - N ...... '$. VI ':....J oj::. VI '0 o o ...... o VI '$. (] crQ' ~ '"' G ;::l: G ...., ~ :>< 1'-)' 'oj::. o -...] ~ I'-) 00 00 I'-) 0\ ...... I'-) oj::. 00 o 00 oj::. 00 I'-) o o '$. I'-) ~ o -...] '0 o o \0 \0 N '$. ...., '"' ~ ::l '" g' ...... g; o S ...., ~ :>< .N 0'\ 0'\ 0'\ tv VI <..;.l .N 00 ...... oj::. 'I'-) VI <..;.l ...... oj::. 00 '0 o o VI 0'\ '$. .N -...] -...] 0'\ '0 o o ...... o ...... ~ '$. ""C '"' .g ~ '"' G Q. "T'j o o Q. ...., ~ :>< ...... ...... '0 0'\ ...... ~ oj::. 00 ...... ...... VI 0'\ o ~ oj::. oj::. oj::. \0 00 ~ \0 0'\ oj::. VI '$. ...... ...... 0\ -...] o '0 o o \0 \0 ...... '$. tl:i ~ '" 5' G '" '" r-' (=i' G ::l '" G ...., ~ :>< ...., C 1JJ G...... ~ G ~ if (')...... ,. 0'< ...., s' ~ s ~ :>< ~ ~ ::l ~ ~r e: o. ~ o ' ::l Ro ...., ~ :>< G '" ...... .N 0'\ \0 ,0 0'\ 0'\ 00 ...... ,0'\ VI <..;.l ,-...] ...... 00 VI ...... <..;.l '0 VI ,0 00 <..;.l 00 ...... -...] ':....J I'-) ,0'\ 00 -...] 0'\ <..;.l 0'\ ,0 ...... -...] o ...... . ' ...... 00 \0 0\ \0 ...... I'-) 00 ;:!( .. -...] N '$. ...... <..;.l 'I'-) 0'\ \0 '0 o o ...... 0'\ ':....J VI 0'\ '0 o o \0 00 ~ '$. ...... o VI 00 '$. I'-) ...... '\0 00 -...] 'oj::. oj::. <..;.l I'-) ...... v. -...] ...... ~ VI 0'\ ~ oj::. ...... VI 'oj::. 00 -...] - I ...... '0 '$. I'-) I'-) 0\ <..;.l 00 '0 o o \0 VI <..;.l '$. ""C ~ g: (=i' 1JJ G '"' <: (=i' G ...., ~ :>< <..;.l V. \0 ,0 ...... <..;.l \0 <..;.l ':....J <..;.l VI \.... oj::. 0'\ ...... oj::. VI tv o -...] oj::. o '$. <..;.l 0\ ...... ...... '0 o o ...... o <..;.l ~ '$. ""C G '"' '" o ::l e:- ""C '"' o "0 G '"' ...... '< ...., ~ :>< ...... 00 ':....J \0 <..;.l VI I'-) VI ...... ,\0 ...... I'-) 0'\ '<..;.l ...... <..;.l <..;.l <..;.l I'-) ':....J 00 00 00 '$. ...... ,00 ...... <..;.l o '0 o o ...... o VI VI '$. ~ e:- m '" g- et ...., ~ :>< v; ~. 0'\ ,\0 ...... 00 0'\ \.... ...... oj::. N = = -;I > n - = e:. v; '2~ = N s= = = = e:oc rt~ Q.- -= e:. -...] oj::. \.... o 0'\ tv oj::. 00 v; ~ -< s= ., ... s= = n ('l) ,VI ...... ...... \0 ~ <..;.l oj::. ~ .. -...] ~ ;:!( .. -< s= ::l. s= = n ('l) v; ~ -...] <..;.l VI o \0 '0 o o N = = oc t::l:l = Q. IlCl ('l) - ...... o ...... !"':l~ ~~ ('l) = n Q. ItIlCl Q.~ ...... '$. o CD t:i CD 1-1 ~ ~ ~ ~ t:i ~ r o o ~ ~ ~ ~ ~ CD -< CD t:i ~ CD r.n .J:>. z ...., ...., n ""C ::t ""C ""C ...... a c ...., 0 @ ... 0 III (l) C C 0.. (l) ::l III a ... III g: g: ::l 0 ::l ::l ?;" g: n' (l) ,...,. 0.. VJ VJ a VJ n' n' [ ... E- .g (t> (t> III E- III ... ... e. ::l III ~ [/J 0.. ::l III ~ a ... 8' ,...,. 0.. 0 (t> 3 0 ,...,. s '< ~ ... 0 [/J 0 ~ ?;" ~ <: g (') 0 (') VJ 5' (l) ::r (l) (l) ... ~ ... ,...,. g:" (l) en: ::l E- o ~ III S' a 2- [/J ,...,. ... q .g- o' (l) 'T1 (l) (l) a ::l ... ::l 5 <: a g' ,...,. n' 0.. (l) (l) VJ ::!. 'T1 C ::l 0.. "" "" ~ N tv 0 ,j::. - Vl - - W tv .~ - 0 .\0 0 \0 .\0 Vl .0 .-....1 Vl 00 tv -.l 00 0, 0, - 00 0\ - a 00 a ':....:! > 0\ -....I 0\ W 0\ \0 \0 0 tv .J:>. Vl 0\ 0\ \0 ,j::. .0 Vl .,j::. tv 0\ -....I \0 f".l - ':....:! W ~ ',j::. tv ':.....1 Vl ':....:! V. .tv \0 = -....I 0\ 0 tv tv - 0 \0 Vl ,j::. !. 0\ -....I W 0\ tv W ,j::. -....I 0 00 0\ .-.. ~ ~ "" "" = N = 0 tv = 0 0\ .\0 0\ - - ,j::. tv 0\ - e: QC - w 00 -....I - tv ,j::. .tv -....I W > Vl W Vl \0 '"tv - '"tv 00 0\ \0 .,j::. l:t f".l Vl \0 0\ \0 0\ - - -....I \0 \0 w Q.. - w 00 - .0 .-....1 - \0 Vl 00 W .0\ '-' = 00 .,j::. 00 0\ Vl .tv '"tv \0 \0 00 - !. -....I tv - \0 w Vl w 0 \0 -....I ,j::. ,j::. .J:>. -....I - ,j::. tv - -....I 0\ \0 w "" "" -< - .-.. "" = - ., - 'tv w .-.. - Vl .-.. - ;. 0\ 00 - ~ ,j::. a - 00 .-.. 0\ -....I ,j::. tv Vl = 00 -....I \0 w 0 - tv .0\ -....I W -....I f".l -....I \0 tv ':.....1 .-....1 Vl ,j::. tv W .0\ (l) a ':....:! ':.....1 00 ~ ,j::. - w Vl 0 -....I - \0 w -....I Vl - tv - 0 0 \0 \0 00 '-' ,j::. '-' tv. \0 -....I '-' 0\ '-' -....I -< = I :I. ~ - I tv - I I ,j::. tv ?' 0 ,j::. w w ~ ;-.; ~ Vl = ., :..:. 0 0 i.o = Vl 00 Vl Vl - -....I W f".l '$. '$. ~ '$. ~ ~ ~ '$. '$. '$. '$. (l) 0 0 0 0 "" "" tv t:= ~ 0\ 0\ - - .J:>. tv 0\ - = w .\0 w 00 -....I - tv Vl W 00 w Q.. V. \0 W W ':....:! a a v. N 0\ 00 - (fCl 0 00 \0 0\ \0 tv 0 -....I 00 W 0\ ,j::. (l) 0 .\0 00 - 0 0 00 \0 \0 w w w - QC Vl W 00 0, ':....:! .w W' '.J:>. V. \0 w Vl Vl - \0 0 ,j::. W ~ W tv -....I 0 - -....I - 00 00 - 00 0\ 0\ ~ ~ ., - - ~t:= \0 \0 0 0 \0 \0 \0 \0 \0 \0 \0 ~= \0 ,j::. 0 o. \0 00 00 00 \0 :-0 \0 . (l) Q.. N i.o 0 0 w W -....I 00 Vl - tv Q..~ '<f( '$. '$. ~ '$. '$. ~ '$. '$. '$. '$. - 0 0 ~ ~ ~ CL tr1 ~ ~ CD ~ CL ~. ~ ~ ~ CD r:n ~ CL tr1 ~ n ~ ~ ~ ~ n (D r:n o (t) ~ (t) ~ ~ ~ o · · e n~r:/J~~ ~. =r ~ f'V ~ oo~ (D CD ~~~ S rJJ. 00 ~ (D ~ ~. ~~ 0.. ~. (JQ ~ ~ ~ e. g (D -<: ~. ~ ~ ~ ~ {JQ '(0 fFj ~. ~ ,...... w(J~~~ ~~~~ ~ ~...- 0 (D 0.. ~ ~ (J ~ ~ ~ ~ e:... ~ e:... 0.. ~ ~ 0 ~ (/J ~ 2.. g g' (J 00 (D ~ ~~ p.j o (D ~ ~ ~ o -< ~. ~ ,..... ~ (D ~ (D .\.. II 00 ~ {JQ ~ CD . ~ ~ 0 ~(D~~fFj ~ :(D ~ Vl fFj~OO ~ ~ N(D~ (J 00 wooS O~ W~(D S 0\ \o~ 8''0 Vl 0'\ CD ::J 0 N oo~~ ~ ~ (D ~ ~ ~ ~ 0> o II ~ ~Z ~ ~ (D CD ~ (J ~ ,~ ~ CD ~.oo ~~ ~ (D ~ ~ 0 tIj ~. ~ ~ o..~ ~ S. 0.. S ~~ C) ~ ~ ~ (D 8 p.j J5 ~ ~ o ~ (J o (D ~ S 0 ~.~ ~ 0.. fFj {JQ ~ ~ ~oo ~ ~ g, S e:... ~ ~ ~ ~ ~ ~ (D 0 ~ w ~ o Er- o (t) ~ (t) ~ ~ ~ ~ ~ ~ . (:L t:C ~ ~ ~ ~ o (t) ...... (J o ~ ~ ~. g CD 0.. ~ 0 00 o~ ~ 00 ~n~ ~ OOc:l ~ 0 = ~ = ~ ~ ~ ~ 0 ~ ~ f""to. = =- - ~Q. f""to. Q. Q.= {I.l ~ < = 0 {I.l ~ 0 ~ ~ = ~ - ~ 0 ~ ~ '"'t ~ 0"= '"'t .... (JQ {I.l - {I.l '"'t < = 0 < =~ ~. .... .... ~ = N f""to. (JQ ~ (JQ - ~ {I.l -0 = ~ rJJ. = = = = = .... ~ = ~ '"'t .... ~ f""to. ~ ~ ~ .... f""to. = f""to. = ~ ~ ~ ~ 0 0 ~ Q. ~ = = = Q. Q. Q. ~ f""to. ~ ~ ~ 0 N ~ Hj Ul N Ul ~ Ul ~ ~ ~ ~ ~. Ul OC 0\ W ~ Ul N N \0 ~ OC 0 ~ W ~ Ul .....] \0 0 ~ ~ ~ ~ ~ ~ OC \0 W ??::0o- ~ 0 ~ Ul .....:J ??::0o- 0 W 0 ??::0o- W' \0 ~ ~ 0 ~ ~ ~ N ~ 0\ W ??::0o- ~ Ul ~ ~ ~ ~ ~ t:C ??::0o- ??::0o- OC OC 0\ 0\ 0 0 ??::0o- \0 0 Ul 0\ .....] W 0\ \0 0 ~ ~ ~ ~. ~ ~ ~ OC ~ \0 0\ 0 ~ N ??::0o- ~ 0 ??::0o- N \0 0\ ~ N Ul Ul ~ ~ ~ N ~ \0 ??::0o- W ??::0o- .....] 0 ~ .-.. ~ ~ ~ ~ Ul N OC 0 .....] 0 OC N N ~ 0 ??::0o- CD OC ~ Ul ??::0o- ??::0o- Ul ~ Ul ~ ~ ~ ~ ~ N OC Ul ??::0o- 0\ ~ N \0 0\ OC OC N --- . \0 Ul .....] W ~ W io-' Ul ??::0o- N W 0\ OC ~ ~ ~ ~ ~ ~ 0 Ul \0 W 0 ~ N N .....] 0 \0 N 0\ OC 0 .....] ~ .....] ~ ~ ~ ~ ~ ~ ~ \0 0\ Ul .....] N OC \0 Ul W 0\ N ~ \0 Ul W OC 0\ ~ W ~ 0 Ul ~ ??::0o- OC ~ ~ ~ ~ ~ OC ~ Ul Ul 0 OC OC OC .....] ~ OC W .....:J N OC ??::0o- OC \0 ~ ~ ~ ~ ~ ~ W ??::0o- 0\ ??::0o- 0 OC 0\ N Ul ~ 0 \0 N ??::0o- N 0\ 0\ 0\ CD d = ~ c. ~ . ~ '(JQ ~ 7Jl = ~ c. ::r ~ 0 ~ 0 (JQ - ...... o .-. ~ -- o o o -- o o o I "-" I-' I-' I-' I-' I-' ~ ~'&;:;'Q\oeo~'&;:;'Q\oeo ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 0000000000 0000000000 0000000000 ~. ~ ~ ~ ~ ~ ~ ~ ~ ~ 0000000000 0000000000 0000000000 ~ ~ ~ 0.. t:C ~ ~ ~ ~ a ([) ~ ~. rJJ. ~ o ~ N o o ~ I N o o 00 0= 7Jl ~ ~ ~ n ~ ~ -< ~ = ~ ~ ~ ~ ...11I0 ~~~~~ 00000 00000 oe ....J Q\ VI ,&;:;. o Z (D ~ ~ o rJ1 rJ1 o Hj ~ w o 0\ ~ o o o Qi ~ ~. ~ o 00 ...... ...... ODD 0 ~g ~ ~ ~~ ~ g ~ H ~ 0 ~. (D (D 00 \. J I-' 1'\'"1 00 ~ ~ H ~ rJ1 ~ ~. ~ S (D ~ S. 0 S ::to "" > ~~ I-' I-'~ UI ~ rJ1 rJ1 (JQ "" ~ rJ1 H (D ~ ~ (JQ ~. S O~O~ Q@ ~~ Hj 0 rJ1 ::to (D -< 0- ~ ~S rJ1~ ~(D ~& ~ g. S. ~ ~ S Q 5- O\(D ~o ~(D (D(JQ ~ ~~ ~rJ1 ~(D ~ Q 0 ,....~ (D ~ ~(D 0 ~\,J ~o ~~ -JHj [~ ~Hj O(D ~ Qi~~ ~~ N;!a~ ~Vl tn~ w~~ ~w de s [8.~s s ~ ~. 0- ~ ~ ~o- ~~ ~ \~~ ~ ~ o.~. ~ ~ o. 3S ~ ~~5.:~ -J~ (") ~~~~ CD.O ~~ H 0- ~ o~ I-' ~ oo~. 0- f5 ~ ~ 8. ~l (D ~ ~ --.. 0- ~(D ~ s ~ H ~. 0 I-' 0 ~ (D ~ ~ ~ (") (D o N (D ~ ~ . rJ1 ~ N rJ1 ~ ~. ~.~. ~ s ~ ~ "Ij ~ S' (Jq ~ ~ (JQ ~g ~ n ~. < ~. a ~. ~ a ~. ~ ~. ~ ~. CD rJJ. ~ ~ ~ ~ ...... I\.) D D D ~ ~ Z 8 Z > ~ ~. 0 ~ CD CD""" 0 (JQ .~. ~ f'""'+- S f'""'+- c.=:-: 0 '::i CD 8. tj ~. ~ ~. ~ q ~. ""1 ~~b ~b ;!4.CD~a a ~ 0 @ 0 CD 0 0 ~. (5. S. S 0.. S e; g. a ::s ::i (t CD 0- CD Q ::i S. S. o.~ 0 ~ 0 f'""'+- tj '"" 0 Hj ~ Hj . J..j Hj ::r ~ ~ 0 ~ ~. Er ~ ~ 00. ~ ~ S f'""'+- CD CD a........:) 0 CD rJJ CD ~ f'\'" ........:) 00 I'T\ ""1 ?~ ~ va 0 S. '- ~ 0 CD o..::i a q 0 Hj 0.. 0.. aCD~-<~ CD ~ ~. a &. ~ ~ ~ r::;) 0 rJJ >~. 0 a ~ a f'""'+- ~. ::i ~ ........:) ~. J..j v ~. ~(JQ ~ rJJ ~. CD ~ v ~ a rJJ ~::i ~ f'""'+- oj a a ~ ~. 9 a~::r ""1 ........:) a ~ tj ') CD ~ .~. ::i ~ ~ oo~. ""1 ~::i g ~ g. ~ ~ o. ~ ~ ~ ~ ::i @ ~ 00. ~ '-~ -<::; ~. ~ CD ~. a tj 0 ::i rJJ ~ ::i 00 ~ ""1 0 CD ""1 0 ""1 CD ~ @~. rJJv @ ~ ::i ~ . ~ \1.,1. '-l ~ ::i rJJ.......... 0.. ~ ""1 \1.,1. (JQ. CD N CD (D CD .~~ '0 ~~~.r6 0.. ~ Hj? CD rJJ ::i '-l L..IO. 0 ~. f'""'+- . ~. ~. \;jrJ tj rl"l rJJ f'""'+- ~. ~. ~ \1.,1. ~. ~ N a ~ ~ ::i ~ w ~. ~ f'""'+- v 0 0 o 0 ::i f'""'+- o a · CD ~ a 0.. rJJ r::;) 7 ~ D D NO a~ a CD 00 ""1 >a ::i CD ::i rJJ ~ rJJ ~ CD ~ -< r::;) CD ~ ::i 0..(JQ (JQ ~ CD ~ f'""'+-(JQ o CD Hj rJJ ~~ W ::i S 0.. ~. rJJ ~ ~. ~ ~ o rJJ ::i ~ ""1 ~ o CD ~ ~ * ~. ~ C1Q ~ ~ ~ ~ ~ o f'""'+- rJJ . ,-..., .-.... N ~ ~ N W ~ 0 0 0 0 0 0 ~ 0 0 0 0 0 0 .... .... .... .... .... .... 0 0 0 0 0 0 ~ 0 0 0 0 0 0 0 0 0 0 0 0 ~ ~ '~ g: ~ ~ . ., I ~ il':" "%i' ~ ... :l' (JQ :~ I ~ ! ~ il ~ Q. ""d I = 0 ., il':" i~ 0 (") ~~ ~ .~ rJJ = S i! ... i ~ ., = _. ., = ~ ... =- :1Xi CD ~ ,f (") it ............... =- = \~ ~ ., f') I =- ~ ~ I 0 11 i\ rJJ. ~ ~., 'I /~ ~ I rJJ. ., "'--/ ~ cr = ~ '" 8" ., 0 (") ~ ~ ~ ~ ~ 0 > ~ . ;6 ~ rJJ ~ . = ~ ., ;> ~ f') I'D ~ ~ ~ W o 0 ~C/10Z ~ 1--1. ~ (D c.2 (JQ (D ~ (D. s. ~ ~. (") en ~ ~ ~ 1--1 1--1. (") ~~Jgo V:1a~S ~~(")(D ~ ~ ~. 0 \0 <~ -., ::::s 1--1. V:1 ar.n ~ a ~ 1--1. 00 a (D (D ~ ~ r.n-., ~ r.n r.n a ~=r~g ? 0 ~(") ~ S ~ 0 e; 0 r.n ::::s ~ ~ ~ r.n n ~ ~ 1--1' (D (D ~ 0.. :: ~ ::::s (D v..J r.n~ ~sn~r.n ~::::s ~ cr o..o..r.nS 1--1. r.n ~ ::::s 1--1 . . (JQ::::S 0 ~~ ~ (D ~ ~ ::Sa ~ o 00 ~. . < ::s ~~ (JQ 1--1. ~ ~ o (") ::s ::::s ~ 0.. r.n .~ ::::s ~. 0 ~ ::::s ~ I ..... .s:>- o 0 0 ~Cl~~N 2(D ~.~a ~::::s aa a ~. ~ ~ 00 00 (D ~ 0 S ~ (D ~ ::::s ~ ~::::s r.n 0.. r.n ~ cr r.n 1--1 . 0.. '-< o ~ V:1 W u... -., a a a (") o < (D ~ r.n ~ ~ ~ (") ~ r.n ~ ~ o ~ ~ ~ * CD r-+- > ::::s (D::::S ~ ~ a ~ 1--1 . ~ ::::s cr ~ ~ 0.. o (JQ r.n (D r.n ~ o 0 ~~ V:1 V:1 ~ W NN Wu... -., -., aa aa aa (") o ~ e; (D 0.. ~ o V:1 ~ N N -., a a a 1--1 . ::::s tD ~ ~. ~ 0.. ~. ~. (JQ ~ ~ ~ 0.. Ro tj ~. rJJ. () ~ rJJ. rJJ. ~. o ~ 10 ~- (D rJJ. ~ ~. o ~ rJJ. ./ CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 . E-mail: clerk@roanokeva.gov SHEILA N. HARTMAN, CMC Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA R. TYREE Assistant Deputy City Clerk September 3, 2008 Darlene L. Burcham City Manager Roanoke, Virginia William M. Hackworth City Attorney Roanoke, Virginia Dear Ms. Burcham and Mr. Hackworth: . At the regular meeting of the Council of the City of Roanoke held on Tuesday, September 2, 2008, Vice-Mayor Lea requested that the City Manager and City Attorney review the legality of an enforcement of curfew hours at the Afton Garden Apartment Complex located in the 700 block of Hunt Avenue, N. W., and report findings to the Council. He also requested that City staff investigate a concern expressed by the residents regarding an opened storm water drain pipe which is also located in the Complex at the corner of Liberty Road and Hunt Avenue. Sincerely, A~m.~ Stephanie M. Moon, CMC City Clerk SMM:ew pc: The Honorable Sherman P. Lea, Vice-Mayor