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.)
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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
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.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
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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).
,~~')
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,I /l
7tL~ ~ ~
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".~.
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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
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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:
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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
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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
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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
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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
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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
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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)
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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
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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