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Home My WebLink AboutCouncil Actions 07-19-10 FERRIS 38879-071910 ROANOKE CITY COUNCIL REGULAR SESSION JULY 19, 2010 2:00 P.M. CITY COUNCIL CHAMBER AGENDA 1. Call to Order--RolI Call. Vice-Mayor Trinkle and Council Member Lea were absent. Council Member Price arrived late. The Invocation was delivered by The Reverend Monsignor Joseph P. Lehman, Pastor, Our Lady of Nazareth Church. . The Pledge of Allegiance to the Flag of the United States of America was led by Mayor David A. Bowers. Welcome. Mayor Bowers. NOTICE: Today's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, July 22 at 7:00 p.m., and Saturday, July 24 at4:00p.m. Council meetings are offered with closed captioning for the hearing impaired. ANNOUNCEMENTS: THE 7:00 P.M. SESSION WAS CANCELED SINCE THERE WERE NO PUBLIC HEARINGS SCHEDULED TO BE HEARD BY THE COUNCIL. 1 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.CLlCK ON THE SERVICE ICON, CLICK 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 MONDAY 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. 2 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. The Mayor announced that the Mid-Summer Night's Fiesta was this evening at 6:00 p.m., on the patio at the Main Library. He pointed out that the Latin- themed event offers entertainment, healthy food cooking demonstrations, dancing and more; and urged the public to attend, noting no reservations were required. 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: Recognition of John Marks, Math Teacher, James Madison Middle School, as the 2010 Teacher of the Year. The Mayor presented Mr. Marks with a fruit basket. At this point, Council Member Price entered the meeting (2:08 p.m.) The Mayor recognized and presented the Excellence Achievement Award for Financial Reporting to the Director of Finance. 3. 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. Robert Gravely appeared and spoke about the $51 million fix of the Poff Federal Building. The City Manager was instructed to report back to the Council the number of Federal and State offices located in the area. Josephine Hutcheson appeared and expressed concern regarding the changes in certain bus stops. Concerns were referred to the City Manager and General Manager of Valley Metro for response. 3 4. CONSENT AGENDA (APPROVED 5-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. C-1 Minutes of the regular meeting of Council held on Monday, March 15,2010, and recessed until Monday, March 29,2010; and the regular meetings of Council held on Monday, April 5, 2010, and Monday, April 19, 2010. RECOMMENDED ACTION: Dispens~d with the reading of the minutes and approved as recorded. C-2 Annual Report of the City of Roanoke Finance Board. RECOMMENDED ACTION: Received and filed. C-3 Annual Report of the Board of Zoning Appeals. RECOMMENDED ACTION: Received and filed. C-4 A communication from the City Attorney requesting that Council convene in a Closed Meeting to consult with legal counsel, on a specific legal matter relating to pending litigation requiring the provision of legal advice, pursuant to Section 2.2- 3711 (A)(7), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. C-5 Reports of qualification of the following individuals: Annette Lewis and Suzanne P. Moore as Trustees of the Roanoke' City School Board, for terms of office of three-years commencing July 1,2010 and ending June 30,2013; Jeanne M. Bollendorf as a member of the Roanoke Public Library Board for a term of office ending June 30,2013; Nathan L. Harper as a member of the Roanoke Arts Commission for a three-year term of office ending June 30, 2013; Nancy V. Dye as.a member of the Mill Mountain Advisory Committee for a three-year term of office ending June 30, 2010; and 4 Alan Hullette as a member of the Board of Trustees, City of Roanoke Pension Plan for a four-year term of office ending June 30,2014. RECOMMENDED ACTION: Received and filed. REGULAR AGENDA 5. PUBLIC HEARINGS: NONE. 6. PETITIONS AND COMMUNICATIONS: a. Presentation of the Jefferson Center Foundation regarding recent events and the Music Lab. David I. Tenzer, Chairman, Board of Directors, Spokesperson. (Sponsored by Vice-Mayor Trinkle and Council Member Bestpitch) Remarks received and filed. b. A communication from the Commonwealth's Attorney recommending acceptance of funding for a Drug Prosecutor from the State Compensation Board; and a communication from the City Manager concurring in the recommendation. Adopted Resolution No. 38879-071910 and Budget Ordinance No. 38880-071910. (5-0) 7. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: a. CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: 1. Acceptance and appropriation of funds for the Edward Byrne Memorial Grant from the Department of Criminal Justice Services for the Intensive Supervision Juvenile Probation Program. Adopted Resolution No. 38881-071910 and Budget Ordinance No. 38882-071910. (5-0) 5 2. Acceptance and appropriation of funds from the United States Marshals Service in support of local efforts to apprehend fugitives from justice. Adopted Resolution No. 38883-071910 and Budget Ordinance No. 38884-071910. (5-0) 3. Acceptance and appropriation of funds in connection with the Department of Criminal of Justice Services and Delinquency Prevention Title-II Grant; and execution of a contract with Family Service of Roanoke to reduce youth substance use and youth crime. Adopted Resolution No. 38885-071910 and Budget Ordinance No. 38886-071910. (5-0) 4. Acceptance and appropriation of funds in connection with the Fiscal Year 2011 Urban and Community Forestry Grants from the Virginia Department of Forestry. Adopted Resolution No. 38887-071910 and Budget Ordinance No. 38888-071910. (5-0) 5. Acceptance and appropriation of funds in connection with the Summer Food Program Grant from the United States Department of Agriculture, Food and Nutrition Services. Adopted Resolution No. 38889-071910 and Budget Ordinance No. 38890-071910. (5-0) 6. Acceptance and appropriation of funds in connection with a Rescue Squad Assistance Fund Grant from the Virginia Department of Health, Office of Emergency Medical Services. Adopted Resolution No. 38891-071910 and Budget Ordinance No. 38892-071910. (5-0) 7. Approval of the City's participation in an application for a Sustainable Communities Regional Planning Grant. Adopted Resolution No. 38893-071910. (5-0) 6 COMMENTS BY CITY MANAGER. The City Manager announced that a series of public meetings were being held with nearby residents and stakeholder groups to gather ideas for the future of Countryside. He pointed out that two meetings were held last week, and three additional meetings are scheduled to be held on Tuesday, July 20 at 6:30 p.m., at William Fleming High School, Monday, July 26 at 7:00 p.m., at the Melrose Christian Church, and Tuesday, July 27 at 6:30 p.m., at William Fleming High School. In addition, he called attention to the National Night Out - Roanoke's National Night Out Against Crime, a unique crime and prevention annual event sponsored by the National Association of Town Watch, which will take place on Tuesday, August 3, 2010; and all neighborhood organizations and neighborhood watch groups are encouraged to participate in the aonual event. Mr. Morrill also mentioned the Eat for Education Campaign, a great new way to support public schools in the City of Roanoke. He encouraged the public to support the initiative by eating at participating restaurants. He called attention to a modification in the Star Line Trolley route in order to serve the new Virginia Tech-Carilion School of Medicine as well as the front entrance of Riverside Center on Riverside Circle. The change would add five minutes onto route thus headway would be every 15 minutes instead of the present ten minutes when there are two trolleys operating. The time would increase from seven minutes to 12 minutes during mid-day orthe hours of 10:00 a.m.- 2:00 p.m., when three trolleys are operating. b. DIRECTOR OF FINANCE: 1. Authorization to refund and restructure bonds. Adopted Resolution No. 38894-071910. (5-0) 8. REPORTS OF COMMITTEES: a. A report of the Roanoke City School Board requesting approval of the Schools' renewal of the $10 million line of credit facility with Wachovia Bank/Wells Fargo, National Association; and a report of the City Treasurer and the Director of Finance recommending that Council concur in the request. Kathryn K. Fox, Lead Accountant, Spokesperson. Adopted Resolution No. 38895-071910. (5-0) 9. UNFINISHED BUSINESS: NONE. 7 10. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. 11. MOTIONS AND MISCELLANEOUS, BUSINESS: a. Inquiries and/or comments by the Mayor and Members of City Council. With regard to approval of Closed Session requests listed on the Consent Agenda, Council Member Bestpitch advised that he would voted "no" on any request to discuss the disposition of publicly owned property, unless the request outlines the details of the property. He also called attention to an awareness for Adam Childress, Police officer with the Roanoke County Police Department, who has been diagnosis with a re-emergence of cancer requiring immediate treatment, adding he purchased wrist bands in support and assistance to Adam and his family as he battles cancer. He distributed the bands to the Members of Council, and concluded that additional information is available on Facebook under "SignaI2forAdam.com. Council Member Price called attention to the two penny pins sent to the Members of Council from Rebecah Smith, Principal. of Garden City Elementa.rY School, to encourage supporters of the meal tax to wear when dining at a Roanoke City restaurant. Mayor Bowers called attention to a letter from Michael F. Kennedy, President, Roanoke Valley Preservation Foundation, strongly encouraging the Council to consider a lease to the Roanoke Regional Preservation Office of the Virginia Department of Historic Resources for office space at Mountain View. The Mayor referred to the corresponden~e to the City Manager for response. b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. AT 3:56 P.M., THE MAYOR DECLARED THE MEETING IN RECESS FOR A CLOSED MEETING TO BE HELD IN THE COUNCIL'S CONFERENCE ROOM, ROOM 451. 8 AT 4:34 P.M., THE MEETING WAS RECONVENED IN THE COUNCIL CHAMBER, MAYOR BOWERS PRESIDING, AND ALL MEMBERS OF THE COUNCIL IN ATTENDANCE, WITH THE EXCEPTION OF VICE-MAYOR TRINKLE AND COUNCIL MEMBER LEA. CERTIFICATION OF CLOSED MEETING. (5-0) THE MEETING WAS ADJOURNED AT 4:35 P.M. 9 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 July 19, 2010 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: Council Members William D. Bestpitch Raphael E. "Ray" Ferris Sherman P. Lea Anita J. Price Court G. Rosen David B. Trinkle This is to advise you that I will not be present at the 2:00 p.m. session of Council on Monday, July 19, 2010. Best wishes for a successful meeting. /ctw 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 July 15, 2010 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: Council Members William D. Bestpitch Raphael E. "Ray" Ferris Sherman P. Lea Anita J. Price Court G. Rosen David B. Trinkle This is to advise that I will be out of the City on vacation and will not be in attendance at the 2:00 p.m. session of Council on Monday, July 19, 2010. Best wishes for a successful meeting. Sincerely, ~ rfi#.- Sherman P. Lea Council Member Ism pc: Christopher P. Morrill, City Manager William M. Hackworth, City Attorney Stephanie M. Moon, City Clerk Ann H. Shawver, Director of Finance Drew Harmon, Municipal Auditor L:\CLERK\DA T A \CKSM 1 \CounciL 1 O\Lea\Absent.doc Madison Middle School Teacher John Marks was selected as the 2010 Roanoke City Public Schools Teacher of the Year at a banquet held on May 18, 2010, at the Jefferson Center. He received a $1,000 check from N'Telos during the banquet. He teaches math to sixth graders at James Madison Middle School, where he has been employed for three years. Present City gift -- 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 JOHN W. BINGHAM, CPA Assistant Director of Finance ANN H. SHAWVER, CPA Director of Finance ANDREA F. TRENT Assistant Director of Finance July 19, 2010 Honorable David A. Bowers, Mayor Honorable David B. Trinkle, Vice-Mayor Honorable William D. Bestpitch, Council Member Honorable Raphael E. Ferris, Council Member Honorable Sherman P. Lea, Council Member Honorable AnitaJ. Price, Council Member Honorable Court G. Rosen, Council Member Dear Mayor Bowers and Members of City Council: Attached for your review is a summary of the City of Roanoke Finance Board's activities for the time period July 1, 2009 through June 30, 2010. The written minutes of each Finance Board meeting are located in the City of Roanoke Finance Department. On behalf of the appointed members of the Finance Board, we would like to thank City Council for the'opportunity to be of service to our City. Sincerely, f(j6~ Ann H. Shawver Director of Finance Attachment c: Honorable Evelyn W. Powers, City Treasurer, Finance Board Member Stephanie M. Moon, City Clerk Sherman M. Stovall, Director of Management & Budget, Finance Board Member C1 1./, Cf'te;V iTl) 11J-~r .f~) b~:J()T Annual Report of the Finance Board City of Roanoke OPEB Trust June 30, 2010 August 19, 2009 Meeting Members present: Evelyn Powers Ann Shawver Sherman Stovall Others: Andrea Trent The VMLjVACo June 30, 2009 Quarterly Report for the Pooled Trust Fund had not · been received prior to this meeting. Upon receipt, it will be forwarded to members for review. Ms. Trent presented copies of the Comerica Custodial Statements reflecting market values for the annual periods ending June 30, 2008 and June 30, 2009, and the monthly period ending July 31, 2009. While the fund did not meet the actuarial assumed rate of return of 7%, the performance was positive despite the current economic environment. November 11, 2009 Meeting Members present: Ann Shawver Sherman Stovall Members absent: Evelyn Powers Others: Andrea Trent A copy of the June 30, 2009 OPEB Valuation, conducted by Milliman, was distributed. Ms. Trent communicated that the FY2010 ARC is being computed from these results and once this is finalized, information will be distributed to the Board for informational purposes. The VMLjVACo Quarterly Statement, dated September 30, 2009, had not been received prior to this meeting. Once received, it will be forwarded to members for review. Ms. Trent distributed. copies of Come rica Custodial Statement for the period ending September 30, 2009. The estimated rate of return for the quarter was 11%. OPEB Trust Annual Report of the Finance Board July 1 9, 201 0 Page 2 March 30, 2010 Meeting Members present: Evelyn Powers Ann Shawver Sherman Stovi;111 Others: Andrea Trent A copy of the December 31, 2009 VML/VACo Trust Statement was distributed. Ms. Trent reported that the assu med rate of retu rn on the Trust is 2.9% for the quarter and 14.5% for the fiscal year-to-date. . Also distributed was material from VML/VACo regarding an alternative portfolio - Portfolio II. The City is currently participating in Portfolio I, which has an expected rate of return of 7.5% to 8%. Portfolio /I is designed to achieve an expected rate of return of 6.5%. After discussion, and because Portfolio I more closely mirrors the asset allocation and expected rate of return of the City's Pension Plan, the Board unanimously voted to remain invested in Portfolio I. Ms. Trent presented copies of Come rica Custodial Statements reflecting the market value for the periods ending January and February 2010. May 18, 2010 Meeting Members present: Ann Shawver Sherman Stovall Members absent: Evelyn Powers Others: Andrea Trent The VML/VACo Trust Statement, dated March 31, 2010, was distributed for review. Ms. Trent summarized the report by commenting the portfolio had a strong quarter returning 3.7%. Also distributed were the Comerica Custodial Statements reflecting the market value for the period ending April 2010. The report displays an approximate 1.88% return for the month. Mr. Stovall's term as Citizen Board Member will expire on June 1, 201 b. The target date for Board review of the actuary's annual valuation is at the November 23,2010 meeting. CITY OF ROANOKE PLANNING BUILDING AND DEVELOPMENT 215 Church Avenue, S.W., Room 166 Roanoke, Virginia 24011 Telephone: (540) 853-1730 Fax: (540) 853-1230 E-mail: planning@roanokeva.gov Architectural Review Board Board of Zoning Appeals Planning Commission July 19, 2010 The Honorable David A. Bowers, Mayor Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: As Chairman of the Roanoke City Board of Zoning Appeals for 2010, it is my honor to present to you the annual report for July 1, 2009, through June 30, 2010. For fiscal year 2009-2010, the Board of Zoning Appeals held nine (9) regular public hearings, during which there were two (2) variance requests, twelve (12) special exception (use) requests, and no appeals of the Zoning Administrator's decision. In the current year, the Board of Zoning Appeals' goals are: first, continue to serve the citizens and developers of the community in furthering the use, development and redevelopment of property through variances and special exceptions; second, to continue to act as a discretionary administrative body and make decisions in matters where a person or party within the community is aggrieved by a decision made in the administration or enforcement of the zoning ordinance; and lastly, to recommend to the Planning Commission and City Council necessary revisions to the zoning ordinance in order for the Board to continue to provide fair and equitable service to the community and its citizens. 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U c o .... ro ..t: V'l ~ v., o ..... , 0'1 CITY OF ROANOKE OFFICE OF CITY ATIORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011-1595 WILLIAM M. HACKWORTH CITY ATTORNEY TELEPHONE: 540-853-2431 FAX: 540-853-1221 EMAIL: cityally@roanokeva.gov TIMOTHY R. SPENCER STEVEN J. TALEVI GARY E. TEGENKAMP DAVID L. COLLINS HEATHER~FERGUSON ASSISTANT CITY ATTORNEYS July 19, 2010 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Request for closed meeting Dear Mayor Bowers and Council Members: This is to request that City Council convene a closed meeting for consultation with legal counsel, pursuant to 92.2-3711.A. 7, Code of Virginia (1950), as amended, on a specific legal matter relating to pending litigation requiring the provision of legal advice. With kindest personal regards, I am Sincerely yours, ~ lvt. ~ William M. Hackworth City Attorney WMH/1sc c: Christopher P. Morrill, City Manager Ann Shawver, Director of Finance Stephanie Moon, 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: c1erk@roanokeva.gov JONATHAN E. CRAFT Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk July 20,2010 Cindy H. Poulton, Clerk Roanoke City School Board P. O. Box 13145 Roanoke, Virginia 24031 Dear Ms. Poulton: This will advise that Annette Lewis and Suzanne P. Moore have qualified as Trustees of the Roanoke City School Board for terms of three-years, each, commencing July 1,2010 and ending June 30, 2013. Sincerely, ~o~~w City Clerk L:\CLERK\DAT A\CKSMI \Oaths\School Board\Annette Lewis and Suzanne Moore Qualification.doc Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, ANNETTE LEWIS, 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 Trustee of the Roanoke City School Board, for a term of three years commencing July 1,2010 and ending June 30,2013, according to the best of my ability. (So help me God) ~ Xnnette Lewis Subscribed and sworn to before me this /poJ;!. day of 2010. cial Circuit L\CLERK\DATA\CKSMl\School Board Trustees.doc Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, SUZANNE P. MOORE, 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 Trustee of the Roanoke City School Board, for a term of three years commencing July 1, 2010 and ending June 30, 2013, according to the best of my ability. (So help me God) .' AMILTON, CLERK Deputy Clerk '6~ P M~ Suza ne P. Moore . , , t ,\~,\,,,, '/f. Subscribed and 'sworn to before me this /O-dayof 2010. L\CLERK\DA T A \CKSMl \School Board Trustees.doc CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Vrrginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov JONATHAN E. CRAFT Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELlA T. WEBB Assistant Deputy City Clerk July 20, 2010 Sheila S. Umberger, Secretary Roanoke Public Library Board Roanoke, Virginia Dear Ms. Umberger: This is to advise you that Jean M. Bollendort has qualified as a 'member of the Roanoke Public Library Board for a term of office ending June 30, 2013. Sincerely, ,I iYJ. hiD eJyJ Stephanie M. Moon, CMC- / City Clerk L:\CLERK\DAT A\CKSMI \Oaths\Roanoke Public Library BoardlJeanne BoIIendorfQualification - July 19, 2010.doc Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Jeanne M. Bollendorf, 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 Roanoke Public Library Board for a term of office ending June 30, 2013, according to the best of my ability (So help me God). Subscribed and sworn to before me thi~Y of~~201 O. BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT BY'tJ\,~~~ L:\CLERK\DAT A \CKSM 1 \Oaths\Roanoke Public Library Board\Jeanne Bollendorf oath. 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-Il45 E-mail: clerk@roanokeva.gov JONATHAN E. CRAFT Deputy City Clerk . STEPHANIE M. MOON, CMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk July 21,2010 Melissa Murray, Secretary Roanoke Arts Commission Economic Development Department Roanoke, Virginia Dear Ms. Murray: This is to advise that Nathan L. Harper has qualified as a member of the Roanoke Arts Commission for a three-year term of office ending June 30, 2013. Sincerely, A~W\. ~ Stephanie M. Moon, CMC City Clerk pc: Susan Jennings, Public Arts Coordinator K:\Oaths-Qualification\Roanoke Arts COnmllssion\Nathan Harper Qualitication.doc Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Nathan L. Harper, 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 Roanoke Arts Commission for a three-year term. of office ending June 30, 2013, according to the best of my ability (So help me God). Subscribed and sworn to before me this ~ day o~ 201 O. BRENDA S. HAMILTON, C K OF THE CIRCUIT COURT ,~ BY L:\CLERK\DAT A\CKSMl \Oaths\Roanoke Arts Commission\Nathan Harper oath. 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: c1erk@roanokeva.gov JONATHAN E. CRAFr Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELlA T. WEBB Assistant Deputy City Clerk July 20, 2010 Nicole Ashby, Secretary Mill Mountain Advisory Committee Parks and Recreation Department Roanoke, Virginia Dear Ms. Ashby: This is to advise that Nancy V. Dye has qualified as a member of the Mill Mountain Advisory Committee for a three-year term of office commencing July 1, 2010 and ending June 30, 2013. Sincerely, . ~ml lY10ctrU tep anie M. Moon, CMC - ( City Clerk L:\CLERK\DAT A\CKSMl \Oaths\Mill Mountain Advisory Committee\Nancy Dye Qualification - July 19, 2010.doc Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Nancy V. Dye, 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 J will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Mill Mountain Advisory Committee for a three-year term of office commencing July 1, 2010 and ending June 30, 2013, according to the best of my ability (So help me God). ~_--d? Subscribed and sworn to before me this 13l\av of ~~201 O. BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT De{)~ B ,CLERK ~ L:\CLERK\DAT A\CKSMl\Oaths\MiIl Mountain Advisory Committee\Nancy Dye oath. 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: c1erk@roanokeva.gov JONATHAN E. CRAFT Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk July 20,2010 Ann H. Shawver, Secretary Board of Trustees, City of Roanoke Pension Plan Roanoke, Virginia Dea(Ms. Shawver: This is to advise that Alan Hullette has qualified as a member of the Board of Trustees, City of Roanoke Pension Plan, for a four-year term of office ending June 30,2014. Sincerely, , m.lY1DlMJ Stephanie M. Moon, CMC I City Clerk L:\CLERK\DA T A \CKSM I \Oaths\Board of Trustees, City of Roanoke Pension PlanWan Hullette Qualification - July 19,20 I O.doc ( ; P<.: - : ..n:" '.'~ _t _.JL;;_' ;.:':.i l;':L.i...:,_i::..!. ,_= Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: 10lL.v I, -Allen Hullette,' 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 Board of Trustees, City of Roanoke Pension Plan, for a four-year term of office ending June 30, 2014, according to the best of my ability (So help me God). ~~ . ~ (LiJ Subscribed and sworn to before me thiSM.:. day of n- 201 O. OF THE CIRCUIT COURT ,~ ~y L:\CLERK\DA T A \CKSM I \Oaths\Board of Trustees, City of Roanoke Pension Plan\Allen Hullette.doc 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 July 19, 2010 The Honorable Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: Council Members William D. Bestpitch Raphael E. "Ray" Ferris Sherman P. Lea Anita J. Price Court G. Rosen David B. Trinkle We jointly sponsor a request of David I. Tenzer, Chairman, Jefferson Center Foundation, Board of Directors, to present an annual report at the regular meeting of City Council to be held on Monday, July 19, 2010, at 2:00 p.m. David B. Trinkle Vice-Mayor Jd4--~ /hf-#. William D. Bestpitch Council Member DBT/WDB:ctw BOARD OF DIRECTORS David L Tenzer Chair Susan P. Frantz Vice Chair Burman S. Clark Secretary Philip B. Nelson Treasurer Thomas R. Bagby Sarah Copenhaver Warren D. Fiihr Claudia E. de Franko Gary Gilmore Samuel A. Golston Edwin C. Hall Classof1962* John G. Heitz Prabhat Jain Cyrus E. Pace Susan K. Perry Brownie E. Polly, III . 'Carissa E. South Ann Bondurant Trinkle Kenneth R. White Directors Emeritus Warner Dalhouse Class of 1952* Helen Fitzpatrick Heidi Krisch Tyler Pugh * Alumni of Jefferson High School JEFFERSON Entertaining ideas and audiences July 9,2010 Ms. Cecelia T. Webb Assistant Deputy City Clerk City of Roanoke 215 Church Ave, Suite 456 Roanoke, VA 24011-1536 Dear Ms. . Webb, Based on phone calls that we exchanged about this time last year, 1 am writing to confirm Jefferson Center Foundation's report to City Council on Monday, July 19. This annual visit is intended to thank the City for entrusting the historic, landmark campus to the Foundation and for support of our cultural and educational services to the community. The appearance I arranged through Council members David Trinkle and Bill Bestpitch'is at the council's 2 p.m. meeting. Stephanie Moon confirmed to me on June 3 that she has received their endorsements of our appearance. David I. Tenzer, chairman of Jefferson Center Foundation's Board of Directors, wiV speak. He will thank City Council for their support of Jefferson Center..and pay the Foundation's rent for use of the facilities, $10 per year stipulated in the 40~year agreement. Mr . Tenzer will have brief remarks and introduce a video 'that shows some recent events at Jefferson Center and the Music Lab. ,~ .f.,.\ ..,' Our presentation is timed to take about 10 minutes. We will be happy to answer questions by Council members but will be respectful of other items on the agenda. Other infomiation about Jefferson Center's just completed fiscal year will be in packets I am leaving with your office with my request that they be distribllted to Council members. along with other materials for the July 19 meeting. Please contact me if you have other questions. You can reach me at 343-2624, ext. 212 or ilevin@jeffcenter.org. Thank you for your support of Jefferson Center. Sincerely, \k~ (tp"1 John Levin Senior Director of Development 541 Luck Avenue SW. Suite 221. Roanoke, Virginia 24016 P: 540.343.2624 . F: 540.343.3744 . Box Office: 540.345.2550 . www.jeffcenter.o~g ]e/frrson Center Foundation is a 501 (c)3 nonprofit cOrPoration \~~ IN THE COUNCIL OF THE CJTYOF ROANOKE, VIRGINIA The 19th day of July, ~O~O. No. 38879-071910. A RESOLUTION authorizing the acceptance of funding for the regional drug prosecutor's office from the Compensation Board of the Commonwealth of Virginia and authorizing the acceptance, execution, and filing of appropriate documents to obtain such funds. / BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts funding for the regional drug prosecutor's office in the total amount of$96,975.00 from the Compensation Board ofthe Commonwealth of Virginia through June 30, 2011. 2. The City Manager is hereby authorized to accept, execute, and file on behalf of the City of Roanoke any and all documents required to obtain such funding. All such documents to be approved as to form by the City Attorney. 3. The local share for Fiscal Year 2010-2011 shall be in the amount of$27,900.00. 4. The City Manager is further directed to furnish such additional information as may be required in connection with the acceptance ofthe foregoing funding or with such project. ATTEST: ~h1. ..6...; City Clerk ~ ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of July, 2010. No.38880QOwr,]o. AN ORDINANCE to appropriate funding from the Commof}wealth of Virginia for the Regional Drug Prosecutor Grant, amending and reordaining certain sections of the 2010-2011 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 2010-2011 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Regular Employee Salaries City Retirement FICA Medical Insurance Dental Insurance Life Insurance Disability Insurance Telephone Other Rental Revenues Regional Drug Prosecutor FY11-Comp Board Regional Drug Prosecutor FY11-Local Match 35-150-4502-1002 35-150-4502-1105 35-150-4502-1120 35-150-4502-1125 35-150-4502-1126 35-150-4502-1130 35-150-4502-1131 35-150-4502-2020 35-150-4502-3075 35-150-4502-4502 35-150-4502-4503 $ 84,796 13,380 6,487 9,360 561 237 24 1,030 9,000 96,975 27,900 Pursuant to the provisions of Section 12 of the City Charter, the second reading ,of this ordinance by title is hereby dispensed with. ATTEST: ~ Yn. hloo.-v City Clerk. l 0y.4y.40NWEALTI+ OF VIRGINI G ~. 0, ~ J\ ~~ - 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, VIRGINIA 24016 july 19, 2010 Honorable David A. Bowers, Mayor Honorable David B. Trinkle, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable Raphael E. Ferris, Council Member Honorable Sherman P. Lea, Council Member Honorable Anita j. Price, Council Member Honorable Court G. Rosen, Council Member Dear Mayor Bowers and Members of City Council: Subject: Acceptance of Funding for Drug Prosecutor Background: Federal funding was made available to the Commonwealth of Virginia to be used for the development of several Multi-jurisdictional Special Drug Prosecutors statewide. The positions were developed to coordinate prosecutorial efforts among independent jurisdictions, reduce fractional and duplicate prosecutions, enhance the recovery of criminal assets, and utilize federal, state and local resources to assure maximum prosecutorial effectiveness and to provide specialized prosecutorial resources to the regional drug enforcement effort. The Commonwealth's Attorneys of Craig County, Franklin County, Roanoke County, and the Cities of Roanoke and Salem applied on October 9, 1987, to the <:> Honorable Mayor and Members of Council july 19, 2010 Page 2 Commonwealth's Attorneys' Services Council, the State agency responsible for the administration of the grant money to fund a Multi-jurisdictional Special Drug Prosecutor. City Council accepted the Multi-jurisdictional Special Drug Prosecutor Grant in April, 1988, and a full-time Special Drug Prosecutor was hired in july, 1988. Annual re-application for this funding is required. Considerations: On April 15, 1994, funding for the Drug Prosecutor's Office was transferred from the Commonwealth's Attorneys' Services Council to the Compensation Board. The Compensation Board approved funding for the Drug Prosecutor in the amount of $96,975 on May 1, 2010, and funding will continue through June 30, 2011. The local match is $27,900 for a total of $124,875. Funding for the local share is available in General Fund - Transfer to Grant Fund (account number 01-250- 9310-9535). Recommended Actions: Accept funding from the Compensation Board in the amount of $96,975 with the City providing local match funding in the amount of $27,900. Authorize the City Manager to execute the requisite documents to obtain the funding from the Compensation Board. All such documents shall be reviewed and approved as to form by the City Attorney. Adopt the accompanying budget ordinance to establish revenue estimates for $96,975 in state grant funds and $27,900 in local match, to transfer local match from the General Fund Transfer to Grant Fund account (01-250-9310-9535), and to appropriate funding totaling $124,875 per attachment 1 in accounts to be established by the Director of Finance. Honorable Mayor and Members of Council July 19, 2010 Page 3 DSC:sj Attachment c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Sheri K. Jones, Assistant Commonwealth's Attorney Attachment 1 Program Accounts 1002 Regular Employee Salaries $84,796 1105 City - Retirement $13,380 1120 FICA $ 6,487 1125 Medical Insurance $ 9,360 1126 Dental Insurance $ 561 1130 Life Insurance $ 237 1131 Long Term Disability Ins. $ 24 2020 Telephone $ 1,030 3075 Other Rental $ 9,000 TOTAL $124,875 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 July 1 9, 20 1 0 Honorable David A. Bowers, Mayor Honorable David B. Trinkle, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable Raphael E. Ferris, Council Member Honorable Sherman P. Lea, Council Member Honorable Anita J. Price, Council Member Honorable Court G. Rosen, Council Member Dear Mayor Bowers and Members of City Council: Subject: Acceptance of Funding for Drug Prosecutor I concur with the recommendation from Donald S. Caldwell, Commonwealth's Attorn~y for the City of Roanoke, with respect to the subject reference above. I recommend that City Council accept funding from the Compensation Board in the amount of $96,975 with the City providing local match funding in the amount of $27,900 - totaling $124,875. submitted, Chnstopher P. Morrill City Manager CPM:jb c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance C010-00002 rylL IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th da~ of July, 2010. No. 38881-071910. A RESOLUTION authorizing acceptance of the Edward Byrne Memorial Justice Assistance Grant from the Virginia Department of Criminal Justice Services, and authorizing execution of any required documentation on behalf ofthe City. . BE IT RESOLVED by the Council ofthe City of Roanoke as follows: 1. The City of Roanoke does hereby accept from the Virginia Department of Criminal Justice Services, the Edward Byrne Memorial Justice Assistance Grant in the amount of $48,748, with a local match required from the City in the amount of$2,565, for a total amount of $51,313, for the term beginning July 1, 2010 through June 30,2011, to be used for an Intensive Supervision Juvenile Probation Program. Such grant is more particularly described in the letter of the City Manager to Council dated July 19, 2010. 2. The City Manager is hereby authorized to execute and file, on behalf of the City, any documents necessary to accept the grant, in a form approved 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 ofthis grant. ATTEST: ~~'~0vV ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of July, 2010. No. 38882-071910. AN ORDINANCE to appropriate funding from the Federal government through the Commonwealth of Virginia for the Roanoke Intensive Supervision Juvenile Probation Program, an Edward Byrne Memorial Justice Assistance Grant, amending and reordaining certain sections of the 2010-2011 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 2010-2011 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Regular Wages Retirement FICA Health Insurance Dental Insurance Life Insurance Disability Insurance Cellular Telephone Administrative Supplies Local Mileage Revenues Intensive Supervision Grant FY11 - State Intensive Supervision Grant FY11 - Local 35-630-5002-1002 35-630-5002-1105 35-630-5002-1120 35-630-5002-1125 35-630-5002-1126 35-630-5002-1130 35-630-5002-1131 35,.630-5002-2021 35-630-5002-2030 35-630-5002-2046 35-630-5002-5002 35-630-5002-5003 $ 36,030 5,686 2,756 4,560 296 295 101 600 439 550 48,748 2,565 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: Yh.h1o~ 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 July 19, 2010 Honorable David A. Bowers, Mayor Honorable David B. Trinkle, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable Raphael E. Ferris, Council Member Honorable Sherman P. Lea, Council Member Honorable Anita J. Price, Council Member Honorable Court G. Rosen, Council Member Dear Mayor Bowers and Members of City Council: Subject: Acceptance of Edward Byrne Memorial Justice Assistance Grant UAG) Funding-Intensive Supervision Juvenile Probation Prog ram Background: The Virginia Department of Criminal Justice Services has awarded the City of Roanoke federal funding from the Edward Byrne Memorial Justice Assistance Grant program for an Intensive Supervision Juvenile Probation Program. The amount of the grant is $48,798, with a required local match of $2,565, which will be transferred from the Grant Matching Fund account (35-300-9700-5415). The term of the grant is one year, beginning July 1, 2010 through June 30, 2011. The Intensive Supervision Juvenile Probation Program will be implemented by the City of Roanoke Human Services Department, Juvenile Justice Services with a cooperative supervision agreement with the 23-A Court Service Unit (CSU). The funding will provide for one Specialized Probation Officer to handle an intensive case load of high risk youth with drug trafficking offenses. The focus of this program is to reduce recidivism of non-violent offenders and improve the outcornes of youth in aftercare and reentry. In FY 2009 there were 1,647 juvenile complaints recorded and 77 new juvenile probation cases placed on supervision to the 23-A District CSU serving the City of Roanoke. Many of these juvenile offenders initially present to the court with non-drug-related offenses (e.g., larceny and assault), and Probation Officers subsequently found Honorable Mayor and Members of City Council July 19, 2010 Pag e 2 that drug-dealing is the primary underlying cause of the youths' problem behavior. The program will use the "Intensive Supervision Juvenile Probation" evidence-based strategy from the Office of Juvenile Justice and Delinquency Prevention (OJJDP) Model Programs Guide. The program has four intensive program phases designed to provide assessment and supervision, counseling, community service and reparation, and preparation for the youth's independent functioning in the community. . Recommended Action(s): Adopt a resolution accepting the Edward Byrne Memorial Justice Assistance Grant funding from the Virginia Department of Criminal Justice Services Grant # 11-A21 34AD08 for the Intensive Supervision Juvenile Probation Program. Authorize the City Manager to execute any forms required by the Virginia Department of Criminal Justice Services in order to accept these funds; such documents to be approved as to form by the City Attorney. Adopt the accompanying budget ordinance to establish revenue estimates for Federal grant funds of $48,748 and Local funds of $2,565 in the Grant Fund. Local funds will be transferred from the Grant Matching Account fund (35-300- 9700-5415). Appropriate funding in the amount of $51,313 to expenditure accounts to be established by the Director of Finance as detailed in Attachment A. 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 Developm~nt . Jane R. Conlin, Director of Human/Social Services Rodney C. Hubbard, 23-A CSU Director James M. O'Hare, Youth Care Administrator CM10-00132 Attachment A Edward Byrne Memorial Justice Assistance Grant - Intensive Supervision Juvenile Probation Program 2010-2011 Account Set-up Transactions Account No. Description Amount , Federal Revenue-20 10/2011 Byrne JAG $48,748.00 grant # 11-A2134AD1 0 Local Revenue - Transfer from Grant $ 2,565.00 Matching Account Fund (35-300-9700- 5415 ) Total revenue $51,313.00 , Expenditures: 1002 Regular Salaries , $ 36,030.00 1105 Retirem~nt $ 5,686.00 1120 FICA $ 2,756.00 1125 Health $ 4,560.00 1126 Dental $ 296.00 1130 Life $ 295.00 1131 Long term disability $ 101.00 2021 Telephone Cellular $ 600.00 2030 Administrative Supplies $ 439.00 2046 Local Mileage $ 550.00 Total Expenditures $51,313.00 .~Jt~ ~:...,~'..~.<'''''' ,,') r'-;'\" ~. ''\.,/ .", .li. J\l.i:..'~ ~ . .;',i) " _,D '\"".i!-#:~~~~^~." ~;~)u:;.~/~ '>Z1l:"~- COMMONWEALTH of VIRGINIA Garth L. Wheeler Director Department afCriminal Justice Services 1100 Bank Street Richmond; Virginia 23219 (804) 786-4000 TDD (804) 386.8732 June 29, 2010 Mr. Christopher P. Morrill City Manager City of Roanoke 215 Church Ave., SW, Rm 364 Roanoke, VA 24011 Title - Byrne/JAG: Roanoke lntensive Supervision Juvenile Probation Program Dear Mr. Morrill: 1 am pleased to advise you that grant number 1l-A2134AD08 for the above-referenced grant program has been approved for a total of$48; 748 in Federal Funds and $2,565 in Matching Funds for a total award of $51,313. Enclosed you will find a Statement of Grant A ward and a Statement of Grant A ward Special Conditions. To indicate your acceptance of the award and conditions, please sign the award acceptance and return it to Janice Waddy, Grants Administrator, at the Department of Criminal Justice Services (DCJS). Please review the conditions carefully; as some require action on your part before we will disburse grant funds. Also, enclosed are the Post Award Instructions and Reportinp; Requirements. Please refer to and read this information carefully as it contains details on processing financial and progress reports, as well as requesting awarded funds. Remember all financial and progress reports, budget amendment requests and request for funds must be processed through our online Grants Management InformaJion System (GMIS). We appreciate your interest in this grant program and will be happy to assist you in any way we can to assure your project's success. If you have any questions, please call Demian Futterman at (804) 786-0092. fi7/;~ Garth L. Wheeler cc: Ms. Carol Tuning, Human Services Coordinator Ms. Ann Shawver, Director of Finance Demian Futterman, Monitor Criminal Justice Service Board, Committee on Training' AdVisory Committee on Juvenile Justice Advisory Committee to Court Appointed Special Advocate and Children's Justice Act Programs Private Security Services Advisory Board. Criminal Justice information Systems Committee www.dcjs.VIfginia.gov Department of Criminal Justice Services 1100 Buk Slreet, 12i11 FlGor, Richmond, VA ~3~1' Statement of Grant Award/Acceptance Subgrantee: Roanoke City Grant Period: From: 07/01/20lO Through: 06/30/2011 Date: June 30,2010 Grant Number: ll-A2134AD08 Project Director Project Administrator Finance Officer Ms. Carol Tuning Mr. Christopher p, Morrill Ms. Ann Shawver Human Services Coordinator City Manager Director of Finance City of Roanoke City of Roanoke City of Roanoke 339 Salem Ave., SW 215 Church Avenue 215 Church Ave., SW. Rm 461 Roanoke. VA 24016 Roanoke. VA 24016 Roanoke, VA 24011 Phone: (540) 853-1721 Phone: (540) 853-2333 Phone: (540) 853-2821 [mall: carol.luning@roanokeva.gov [mall: chris.morrill@roanokevagov [mall: Ann.Shawver@Roanokeva.gov Grant Award Budget DCJS Funds Budget Categories Federal General Special local TOTALS Travel $522 $0 $0 $27 $549 Supplies/Other $991 $0 $0 $52 $1,043 Personnel $47,235 $0 $0 $2.486 $49,721 Indirect Cost SO $0 $0 $0 $0 Equipment SO $0 $0 $0 $0 Consultant SO $0 $0 $0 SO Totals $48,748 $0 $0 $2,565 $51,313 Th;. gnoat. .abj.d to .11",'... '..ala';oa~ .ad "b.ria ;ad~ ,he g..o, gu..,1I0.. ..d lb. .ped., conditions attached thereto. cv It- :z. ~ !/ Garth L. Wheeler, Director The undersigned, having received the Statement of Grant Award/Acceptance and the Conditions attached thereto, does hereby accept this grant and agree to the conditions pertaining thereto, this day or .20 Signature: Title: STATEMENT OF GRANT AWARD SPECIAL CONDITIONS Department of Criminal Justice Services 1100 Bank Street, 1:Ith Floor Richniond, Virginia 23219 Edward Byrne/Justice Assistance Grant Program - Localities Subgrantee: Roanoke City Grant Number: ll-A2134AD08 Federal Catalog Number: 16.738 Title: Roanoke Intensive Supervision Juvenile Probation Program Date: June 29,2010 The following conditions are attached to and made a part of this grant award: I. By signing the Statement of Grant Award/Acceptance, the grant recipient agrees: . to use the grant funds to carry out the activities described in the grant application, as modified by the tenns and conditions attached to this award or by subsequent amendments approved by DCJS; . to adhere to the approved budget contained in this award and amendments made to it in accord with thesetenns and conditions; . and to comply -.yith all tenns, conditions and assurances either attached to this award or submitted with the grant application. 2. Thesubgrantee agrees to submit such reports as requested by DCJS on fonns provided by DCJS. Funds from this grant will not be disbursed, if any ofthe required Financial or Progress reports are overdue by more than 30 days unless you can show good cause for missing the reporting deadline. 3. Grant funds, including state and local match, may be expended and/or obligated during the grant period. All legal obligations must be liquidated no later than 90 days after the end of the grant period. The grant recipient agrees to supply a final grant financial report and return all received and unexpended grant funds (exclusive of local match) to DCJS within 90 days after the endofthe grant liquidation period. 4. By accepting this grant, the recipient assures that funds made available through it will not be used to replace state or local funds that would, in the absence of this grant, be made available for the same purposes. 5. Subgrantee may follow their own established travel rates if they have an established travel policy. Ifa subgrantee does not have an established policy, then they must adhere to state travel policy. The state allows reimbursement for actual reasonable expenses. Please refer to the following IRS website for the most current mileage rate: bttD:/Iwww.irs.2ov/taxDros/articIe/0..id=t56624.00.html: Transportation costs for air and rail must be at coach rates. 6. Within 60 days of the starting date of the grant, the subgrantee must initiate the project funded. If not, the subgrantee must report to the DCJS, by letter, the steps taken to initiate the project, the reasons for the delay, and the expected starting date. If the project is not operational within 90 days of the start date, the subgrantee must obtain approval in writing from the DCJS for a new implementation date or the DCJS may cancel and tenninate the project and redistribute the funds. 7. No amendment to the approved budget may be made without the prior written approval of DCJS. No more than two (2) budget amendments will be permitted during the grant period. Budget amendments must be requested through Grants Management Information System (GMlS). No budget amendments will be allowed alter April 30, 2011. 8~ The subgrantee agrees to forward a copy to the DCJS of the scheduled audit of this grant award. Page 2 of2 Grant No: II-A2I34AD08 City of Roanoke 9. All purchases for goods and serVices must comply with the Virginia Public Procurement Act. Procurement transactions, whether negotiated or advertised and without regard to dollar value, shall be conducted in a manner so as to provide maximum open and free competition. An exemption to this regulation requires the prior approval of the DCJS and is only given in unusual circumstances. Any request for exemption must be submitted in writing to the DCJS. Permission to make sole source procurements must be obtained from DCJS in advance. 10. Acceptance of this grant award by the local government applicant constitutes its agreement that it assumes full responsibility for the management of all aspects of the grant and the activities funded by the grant, including assuring proper fiscal management of and accounting for grant funds; assuring that personnel paid with grant funds are hired, supervised and evaluated in accord with the localgovemment's established employment and personnel policies; and assuring that all terms, conditions and assurances-those submitted with the grant application, and those issued with this awar~are complied with. 11. Any delegation ofresponsibility for carrying out grant-funded activities to an office or department not a part of the local government must be pursuant to a written memorandum of understanding by which the implementing office or department agrees to comply with all applicable grant terms, conditions and assurances. Any such delegation notwithstanding, the applicant acknowledges by its acceptance of the award its ultimate responsibility for compliance with all terms, conditions and assurances of the grant award.l 12. PROJECT INCOME: Any funds generated as a direct result of DCJS grant-funded projects are deemed project income. Project income must be reported on forms provided by DCJS. The following are examples Of project income: Service fees; Client fees; Usage or Rental fees; sales of materials; income received from sale of seized and forfeited assets (cash, personal or real property included): 13. Prior to DCJS disbursing funds, the Subgrantee must comply with the following special conditions: a) Provide data on the average number of youth on the case load of the Intensive Probation Officer's position in each quarterly report. ~~~~" ,t' .,..';;: :~,. .. If' .~. . ~~ ,,:,,., .\. j Ii ",. '. ~. ''!-.t-\.t~:-v' ,.." '1"J"~1-:.i.f"': . ' ~. ""~,. COMMONWEALTH of VIRGINIA Garth L. Wheeler Director Department (?l(Triminal Jus/ice Sen'ices NOTICE 1100 Bank Street Richmond. VirgInia 23219 (804) 786-4000 TOO (804) 386-8732 To: Grants Project Administrator From: Janice Waddy, DCJS Grants Administrator Re: Post A ward Instructions and Reporting Requirements PLEASE READ VER Y CAREFULL Y. o GRANT A WARD AND SPECIAL CONDITIONS: Please review your Award and Special Conditions very carefully. Pay attention to the last Special Condition listed. This Special Condition may require additional documentation from you before grant funds can be released. Sign and date the grant award acceptance and submit any Special Condition documentation to: Grants Administration Department of Criminal Justice Services 1100 Bank Street. 12th Floor Richmond, Virginia 23219 CJ REPORTING REQUIREMENTS By accepting the accompanying grant award, you are agreeing to submit on-line quarterly progress and financial reports for this grant throughout the grant period, 3$ well as final reports to close the grant. No eligible current recipient of funding will be considered for continuation funding if, as of the continuation application due date, any of the required Financial and Progress reports for the current grant are more than thirty (30) days overdue. For good cause, submitted in writing by the grant recipient, DCJS may waive this provision. Financial reports and progress reports are due no later than the close of business on the 12th working day after t~e end of the quarter (.except PAPIS reports which are due by the last working day of the end of the following month). Reports are required even if no expenditures have occurred during the quarter. Requests for Funds will not be honored from grant recipients who do notfulfill this reporting obligation. A schedule of due dates is also attached for your reference. Criminal Justice Service Board. Committee on Traming . AdVISOry Committee on Juvenile Justice 4,j./'sory Committee to Court Appointed Special Advocate and Chlldren.s Justice Act Programs PCivate Security Services AdVisory Board' Criminal Justice Information Systems Committee a PROGRESS REPORTS Refer to our website: httD:/Iwww.dcis.virsdnia.2ov/ for submitting progress reports through the Grants Management Online Infonnation System. In order to use this web-based system, if you have not previously done so, you must obtain a user name and password set up by DCJS Grants Administration. You are required to use the on-line system to submit your progress reports. (J FINANCIAL REPORTS Refer to our website: httD:/lwww.dcis.vil1!inia.2ovl for submitting financial reports through the Grants Management Online Infonnation System. In order to use this web-based system, if you have not previously done so, you must obtain a user name and password set up by DCJS Giants Administration. You are required to use the on-line system in reporting your expenditures. (J REOUESTING GRANT FUNDS Refer to our website for requesting funds through the Grants Management Online Infonnation System. In order to use this web-based system, if you have not previously done so, you must obtain a user name and password set up by DCJS Grants Administration. .Please note, you can access this system using the same password assigned for the on-line financial reporting system. (J BUDGET AMENDMENTS Budgets can be amended in most DCJS grant programs with prior approval. Please review your special conditions carefully to detennine the requirements and procedures for amending budgets. Refer to our website for the Grants Management Online Infonnation System. .Please note again that you can access this system using the same password assigned for the on-line financial reporting system. Paper cODies of the Budllet Amendments will no lonller be accepted. You are required to use the on-line svstem for submittinll budllet amendments. If you have any questions, please contact Virginia Sneed bye-mail at virginia.sneed@dcjs. virginia.gov. genpgms. PROJECTED DUE DATES FINANCIAL & PROGRESS REPORTS . Reports are due by the J lth workinfl dav following the close of the quarter covered in the report. Financial reports are required even if no expenditures have occurred. QUARTER ENDING DUE DA TE 6/30/2009 7/17/2009 9/30/2009 10/19/2009 12/3 1/2009 1/21/2010 3/31/2010 4/16/2010 6/30/2010 7/1912010 9/30/2010 10/19/2010 12/31/2010 1/20/2011 3/31/2011 4/18/2011 6/30/2011 7/1912011 C?~5 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of July,.201Q~- No. 38883-071910. A RESOLUTION authorizing acceptance of funds awarded to the Roanoke City Police Department by the United States Marshals Service, and authorizing execution of any and all necessary documents to accept the funds. BE IT RESOLVED by the Council ofthe City of Roanoke that: 1. The City Manager is hereby authorized on behalf of the City to accept from the United States Marshals Service funds in the amount of$44,000, with no matching funds required from the City, to be awarded to the Roanoke City Police Department to be used for vehicle fuel to operate the vehicles previously donated in August 2009, to the Roanoke City Police Department, and to purchase emergency lights, radios and officer protective equipment to be placed within the donated vehicles. This funding is more particularly described in the letter 0 fthe City Manager to Council, dated July 19, 2010. 2. The City Manager is hereby authorized to execute and file, on behalfofthe City, any documents required to accept such funding. All documents to be executed on behalf ofthe City ~hall be approved as to form by the City Attorney. ATTEST: ~~. h1. ~O~ ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of July, 2010. No. 38884~071910. AN ORDINANCE to appropriate funding from the United States Marshals Service ) for the U.S. Marshals Distri,ct Fugitive Task Force, amending and reordaining certain sections of the 2010-2011 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 2010-2011 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Expendable Equipment Motor Fuels and Lubricants Revenues US Marshals Automotive Grant FY10 ) Pursuant to the provisions of Section 12 of the City Charter, the second reading 35-640-3663-2035 35-640-3663-2038 $ 20,000 24,000 35-640-3663-3663 44,000 of this ordinance by title is hereby dispensed with. ATTEST: Att-L m 'Ir]Wn) 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 July 19, 2010 Honorable David A. Bowers, Mayor Honorable David B. Trinkle, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable Raphael E. Ferris, Council Member Honorable Sherman P. Lea, Council Member Honorable Anita J. Price, Council Member Honorable Court G. Rosen, Council Member Dear Mayor Bowers and Members of City Council: Subject: United States Marshals Service Grant Background: The United States Marshals Service (USMS) regularly supports local efforts to apprehend fugitives from justice. One such program provides local funding or equipment for travel and training or apparatus used for the capture of wanted criminals. This program requires local officers to be sworn members of the U.S. Marshals Service District Fugitive Task Force. All six members of the Roanoke Police Department Warrant Service Unit meet this requirement. Considerations: In August 2009, the United States Marshals Service agreed to donate four vehicles to the Police Department. These vehicles were accepted by Council under a previous request and have arrived from the manufacturer. The vehicles are to be used by the Warrant Service Unit in its efforts to arrest fugitives. In a separate award, the USMS has agreed to give the Police Department a total of $44,000 to be used for vehicle fuel to operate the previously donated vehicles and to purchase emergency lights, radios and officer protective equipment to be placed within the donated vehicles. There is no matching funds requirement for this program. Honorable Mayor and Members of City Council July 19, 2010 Page 2 Recommended Action: Accept the United States Marshals Service funding described above and authorize the City Manager to execute any necessary grant agreement or related documents; such documents to be approved as to form by the City Attorney. Adopt the accompanying budget ordinance to establish revenue estimates for granted funds of $44,000, and to appropriate funding of $44,000 in accounts to be established by the Director of Finance in the Grant Fund as follows: Appropriation: DescriPtion Amount Fuel Expendable Equipment $24,000 20,000 $ 44,000 TOTAL C nstopher P. Morrill City Manager CPM:gws c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance R. Brian Townsend, Assistant City Manager Christopher C. Perkins, Acting Chief of Police Sherman M. Stovall, Director of Management and Budget CM10-00133 ~~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day o~ JulY,~210._ No. 38885-071910. A RESOLUTION accepting the Juvenile Justice and Delinquency Prevention Title II grant made to the City in collaboration with Family Service of the Roanoke Valley, from the Virginia Department of Criminal Justice Services, and authorizing execution of any r'equired documentation on beha1fofthe City. BE IT RESOLVED by the Council ofthe City of Roanoke as follows: 1. The City of Roanoke does hereby accept the Juvenile Justice and Delinquency Prevention Title II grant made to the City from the Virginia Department of Criminal Justice Services in the amount of $74,624, with no local matc;h from the City, for the term beginning July 1, 2010 through June 30, 2011, to be expended on the City of Roanoke's Project Back on Track, an evidence based treatment program designed to reduce youth substance use and youth crime, in accordance with all the terms, provisions and conditions relating to the receipt of such funds, as more particularly described in the letter of the City Manager to Council, dated July 19, 2010. 2. The City Manager is hereby authorized to accept, execute, and file on behalf of the City of Roanoke, any and all documents required to obtain such funding, and to execute a contract with Family Service of the Roanoke Valley to implement the program. All such documents shall 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. ) ~ES: . - h1. City Clerk. ~D~ ( IN THE COUNCIL.OF THE CITY OF ROANOKE, VIRGINIA The 19th day of July, 2010. No. 38886-071910. AN ORDINANCE to appropriate funding from the Federal government through the Commonwealth of Virginia for the Juvenile Justice and Delinqyency Project Back on Track Grant, amending and reordaining certain sections of the 2010-2011 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 2010-2011 Grant Fund Appropriations be, and the same are hereby, r amended and reordained to read and provide as follows: Appropriations Fees for Professional Services Revenues Project Back on Track Grant FY11 35-630-5018-2010 $ 74,624 35-630-5018-5018 74,624 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. . ATTEST: l~m. '10~ City Clerk. CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Roocl 364 I Roanoke; Virginia 24011-159il Telephone: (540) 853-2333 I Fax: (540) 853-1138 City Web: www.roanokeva.gov I I I July 19, 20110 I I Honorable David A. Bowers, Mayor Honorable David B. Trinkle, Vice Mayor Honorable William D. Bestpitch, Council Membe'r Honorable Raphael E. Ferris, Council Member Honorable Sherman P. Lea, Council Member Honorable AnitaJ. Price, Council Member Honorable Court G. Rosen, Council Member Dear Mayor Bowers and Members of City Council: Subject: Juvenile Justice & Delinquency Title II - Project Back on Track in the City of Roanoke Background: In May, 2010, the City of Roanoke, in collaboration with F"amily Service of Roanoke Valley, applied to the Virginia Department of Criminal Justice Services under the Juvenile Justice and Delinquency Prevention Title II Grant Program, to fund an evidence-based treatment program designed to reduce youth substance use and youth crime. As the grantee, the City of Roanoke has received notification of award in the amount of $74,624 in Federal funds. These funds must be expended or obligated during the award period of July 1, 2010, to June 30, 2011. Considerations: Roanoke's Project Back on Track is designed to impact the problem of disproportionate minority contact in the City of Roanoke in the criminal justice system and to reduce youth crime -: specifically, the use and distribution of illegal drugs. Annually, the outcomes are to prevent youth, who complete the program, from re-offending and to reduce the Honorable Mayor and Members of City Council July 19, 2010 Page 2 substance use of the youth participants. The population served will be early career juvenile offenders, enrolling at least 67% African Americans and 60% males. Recommended Actions: Accept the Department of Criminal Justice Services Juvenile Justice and Delinquency Prevention Title II grant in the amount of $74,624 and authorize the City Manager to execute the grant documents substantially similar in form to the attached contract with Family Service of Roanoke Valley. All documents shall be upon form approved by the City Attorney. Adopt the accompanying budget ordinance to establish a revenue estimate' in the amount of $74,624 and to appropriate the same amount to fees for professional services in an account to be established by the Director of Finance in the Grant Fund. 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 R. Brian Townsend, Assistant City Manager Jane R. Conlin, Director of Human/Social Services Carol W. Tuning, Human Services Coordinator CM10-00136 t .It RECEIVED JUN 2 52010 CITY MANAGER'S OFFICE Garth L. Wheeler Director COMMONWEALTH of VIRGINIA Department of Criminal Justice Services 1100 Bank Street Richmond, Virginia 23219 (804) 786-4000 TOD (804) 386-8732 June 18, 2010 Mr. Christopher P. Morrill City Manager City of Roanoke 215 Church Avenue Roanoke, VA 240]6 Title: JJDP Title II - Project Back on Track Dear Mr. Morrill: I am pleased to advise you that grant number ll-A2242JJ09 for the above-referenced grant program has been approved for a total award of$74,624 in Federal Funds. Enclosed you will find a Statement of Grant Award and a Statement of Grant Award Special Conditions. To indicate your acceptance of the award and conditions, please sign the award acceptance and return it to Janice Waddy, Grants Administrator, at the Department of Criminal Justice Services (DCJS). Please review the conditions carefully; as some require action on your part before we will disburse grant funds. Also, enclosed are the Post Award Instructions and Reporting Requirements. Please refer to and read this infonnation carefully as it contains details on processing financial aIld progress reports, as well as requesting awarded funds. Remember all financial and progress reports, budget amendment requests and request for funds must be processed through our online Grants Management Information System (GMIS). We appreciate your interest in this grant program and will be happy to assist you in any way we can to assure your project's success. If you have any questions, please call Demian Futtennan at (804) 786.0092. fi7f;~~ Garth L. Wheeler cc: Ms. Cheryl W. Hartman, Director Mr. John W. Bingham, Assistant Director of Finance Demian Futtennan, DCJS Criminal Justice Service Board. Committee on Training' Advisory Committee on Juvenile Justice Advisory Committee to Court Appointed Special Advocate and Children's Justice Act Programs Private Security Services Advisory Board' Criminal Justice Information Systems Committee www.dcjs.virginia.gov / Department of Criminal Justice Services 1100 Bank Street, 12th Floor, Richmond, VA 13219 Statement of Grant Award/Acceptance Subgrantee: Roanoke City Grant Period: From: 07/01/2010 Through: 06/30/2011 Date: June 18,2010 Grant Number: ] l-A2242JJ09 Project Director Project Administrator Finance Officer Ms. Cheryl W. Hartman Me. Christopher P. Morrill Mr. John W. Bingham Director City Manager Assistant Director of Finance Youth Development Family Service ofR City ofRoanokc . City of Roanoke 360 Campbell A vcnue SW 2 15 Church Avenue 215 Church Avenue Roanoke, VA 24016 Roanoke, VA 240/6 Roanoke, VA 24016 Phone: (540) 563-5316 Phone: (540) 853-2333 Phone: (540) 853-6486 Email: chanman@fsrv.org Emall: chris.morriJI@roanokeva.gov Emall: john. bingham@roanokeva.gov Grant Award Budget DCJS Funds Budget Categories Feeleral Geneml Speciel Local TOTALS Travel $0 $0 $0 $0 $0 Supplies/Other $0 $0 $0 $0 $0 Personnel $0 $0 $0 $0 $0 Indirect Cost $0 $0 $0 $0 $0 Equipment $0 $0 $0 $0 $0 Consultant $74,624 $0 $0 $0 $74,624 Totals $74,624 $0 $0 $0 $74,624 This grant is subject to all rules, regulations, and criteria included in the grant guidelines and the special oondillonutt..hed the",'n. . ;f:;.7f ;z. ~ {/ Garth L. Wheeler, Director The undersigned, having received the Statement of Grant Award/Acceptance a accept this grant and agree to the conditions pertaining thereto, this of Signature: Title: STATEMENT OF GRANT AWARD SPECIAL CONDITIONS Department of Criminal Justice Services 1100 Bank Street, 12th Floor Richmond, Virginia 23219 For the Juvenile Justice and Delinquency Prevention Title II Grant Program - Localities Subgrantee: Roanoke City Grant Number: ll-A2242JJ09 Federal Catalog Number: 16.540 Title: Project Back on Track Date: June 18,2010 The following conditions are attached to and made a part of this grant award: 1. Where the Statement of Grant A ward reflects a required cash match contribution by the grant recipient, the recipient agrees, by accepting the award, to provide the match as shown in non-federal cash match. 2. By signing the Statement of Grant Award/Acceptance, the grant recipient agrees: · to use the grant funds to carry out the activities described in the grant application, as modified by the tenus and conditions attached to this award or by subsequent amendments approved by DCJS; · to adhere to the approved budget contained in this award and amendments made to it in accord with these tenus and conditions; · and to comply with all tenns, conditions and assurances either attached to this award or submitted with the grant application. 3. The subgrantee agrees to submit such reports as requested by DCJS. Funds from this grant will not be disbursed, if any of the required Financial or Progress reports are overdue by more than 30 days unless you can sbow good cause for missing the reporting deadline. 4. Grant funds, including state and local match, may be expended and/or obligated during the grant period. AlllegaI obligations must be liquidated no later than 90 days after the end of the grant period. The grant recipient agrees to supply a final grant financial report and return all received and unexpended grant funds (exclusive of local match) to DCJS within 90 days after the end of the grant liquidation period. . 5. By accepting this grant, the recipient assures that funds made available through it will not be used to replace state or local funds that would, in the absence of this grant, be made available for the same purposes. 6. Subgrantee may follow their own established travel rates if they have an established travel policy. If a subgrantee does not have and established policy, then they must adhere to state travel policy. The state allows reimbursement for actual reasonable expenses. Please refer to the following IRS website for the most current mileage rate: httD://www.irs.l!:ov/taxDros/article/O..id==156624.00.html: Transportation costs for air and rail must be at coach rates. 7. Within 60 days of the starting date of the grant, the subgrantee must initiate the project funded. If not, the subgrantee must report to the DCJS, by letter, the steps taken to initiate the project, the reasons for the delay, and the expected starting date. If the project is not operational within 90 days of the stan date, the subgrantee must obtain approval in writing from the DCJS for a new implementation date or the DCJS may cancel and tenuinate the project and redistribute the funds. 8. No amendment to the approved budget may be made without the prior approval of DCJS. No mOre than two (2) budget amendments will be permitted during the grant period. No budget amendments will be allowed after April 30, 2011. Budget amendments must be requested using the on-line Grants Management Information System (GMIS). 9. The subgrantee agrees to forward a copy to the DCJS oftbe scheduled audit of this grant award. Page 20f2 Grant No: II-A2242JJ09 City of Roanoke 10. All purchases for goods and services must comply with the Virginia Public Procurement Act. Procurement transactions, whether negotiated or advertised and without regard to dollar value, shall be conducted in a manner so as to provide maximum open and free competition. An exemption to this regulation requires the prior approval of the DCJS and is only given in unusual circumstances. Any request for exemption must be submitted in writing to the DCJS. Permission to make sole source procurements must be obtained from DCJS in advance. 11. Acceptance of this grant award by a local government applicant constitutes its agreement that it assumes full responsibility for the management of all aspects of the grant and the activities funded by the grant, including assuring proper fiscal management of and accounting for grant funds; assuring that personnel paid with grant funds are hired, supervised and evaluated in accord with the local government's established employment and personnel policies; and assuring that all terms, conditions and assurances-those submitted with the grant application, and those issued with this award-are complied with. 12. Any delegation of responsibility for carrying out grant-funded activities to an office or department not a 'part ofthe local government must be pursuant to a written memorandum of understanding by which the implementing office or department agrees to comply with all applicable grant terms, conditions and assurances. Any such delegation notwithstanding, the applicant acknowledges by its acceptance of the award its ultimate responsibility for compliance with all terms, conditions and assurances of the grant award. 13. PROJECT INCOME: Any funds generated as a direct result ofDCJS grant-funded projects are deemed project income. Project income must be reported on forms provided by DCJS. The following are examples of project income: Service fees; Client fees; Usage or Rental fees; sales of materials; income received from sale of seized and forfeited assets (cash, personal or real property included). 14. Prior to DCJS disbursing funds, the Subgrantee must comply with the following special conditions: a) Contact your Grant Monitor for programmatic Special Conditions. . . , ' -=-,.~- .....~:'1:r': .~.~ J'; 'i", ,~, ,.... ,.'......:... '>>1 'W' "I. ;t,::'i';, '~.' .,.... . ~jJ :7 ft- ,..l;, './' 1," _~,','. .\',~,.~-'~..;'i\1f ':~fo.:~~ COMMONWEALTH of VIRGINIA Garth L Wheeler Director Department o(Criminal Justice Services NOTICE 1100 Bank Street Richmond. Virginia 23219 (804) 786-4000 TDD(804) 386.8732 To: Grants Project Administrator From: Janice Waddy, DCJS Grants Administrator Re: Post Award Instructions and Reporting Requirements PLEASE READ VERY CAREFULLY.: CJ GRANT A WARD AND SPECIAL CONDITIONS: Please review your Award and Special Conditions very carefully. Pay attention to the last Special Condition listed. This Special Condition may require additional documentation from you before grant funds can be released. Sign and date the grant award acceptance and submit any Special Condition documentation to: Grants Administration Department of Criminal Justice Services 1100 Bank Street. 12th Floor Richmond, Virginia 23219 [J REPORTING REOUlREMENTS By accepting the accompanying grant award, you are agreeing to submit on-line quarterly progress and financial reports for this grant throughout the grant period, as well as final reports to close the grant. No eligible current recipient offunding will be considered for continuation funding if, as of the continuation application due date, any of the required Financial and Progress reports for the current grant are more than thirty (30) days overdue. For good cause, submitted in writing by the grant recipient, DCJS may waive this provision. Financial reports and progress reports are due no later than the close of business on the 12tb working day after the end ofthe quarter ("'except PAPIS reports which are due by the last working day of the end of the following month). Reports are required even if no expenditures have occurred during the quarter. Requestsfor Funds will not be honored from grant recipients who do not fulfill this reporting obligation. A schedule of due dates is also attached for your reference. Criminal Justice Service Board' Committee on Training' Advisory Committee on Juvenile Justice AdVisory Committee to Court Appointed Special Advocate and Children.s Justice Act Programs Private Security Services Advisory Board, Criminal Justice Information Systems Committee www.dcjs.virglnia.gov . . o PROGRESS REPORTS Refer to our website: httD:/Iwww.dcis.vire:inia.e:ov/ for submitting progress reports through the Grants Management Online Information System. In order to use this web-based system, if you have not previously done so, you must obtain a user name and password set up by DCJS Grants Administration. You are required to use the on-line system to submit your progress reports. o FINANCIAL REPORTS Refer to our website: httD:/lwww.dcis.vire:inia.e:ov/ for submitting financial reports through the Grants Management Online Information System. In order to use this web-based system, if you have not previously done so, you must obtain a user name and password set up by DCJS Grants Administration. You are required to use the on-line system in reporting your expenditures. o REOUESTING GRANT FUNDS Refer to.our web site for requesting "funds through the Grants Management Online Information System. In order to use this web-based system, if you have not previously done so, you must obtain a user name and password set up by DCJS Grants Administration. "'Please note, you can access this system using the same password assigned for the on-line financial reporting system. o BUDGET AMENDMENTS Budgets can be amended in most DCJS grant programs with prior approva1. Please review your special conditions carefully to determine the requirements and procedures for amending budgets. Refer to our web site for the Grants Management Online Information System. "'Please note again that you can access this system using the. same password assigned for the on-line financial reporting system. Paper copies of the Budl!et Amendments will no lonl!er be accepted. You are required to use the on-line svstem for submittinl! budl!et amendments. . If you have any questions, please contact Virginia Sneed bye-mail at virginia.sneed@dcjs.virginia.gov. genpgms. " . PROJECTED DUE DATES FINANCIAL & PROGRESS REPORTS . Reports are due by the 12th workinIl dav following the close of the quarter covered in the report. Financial reports are required even if no expenditures have occurred. QUARTER ENDING DUE DATE 6/30/2009 7/1712009 9/30/2009 10/19/2009 12/3 1/2009 1/21/2010 3/31/2010 4/16/2010 6/30/2010 7/19/2010 9/30/2010 10/19/2010 12/31/2010 1/20/2011 3/31/2011 4/18/2011 6/30/2011 7/19/2011 Family Service of Roanoke Valley Page 1 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ROANOKE AND FAMILY SERVICE OF ROANOKE VALLEY THIS MEMORANDUM OF UNDERSTANDING ("Memorandum") is made and entered into the First day of July, 2010, by and between the CITY OF ROANOKE, and Family Service of Roanoke Valley ("Family Service"). For and in consideration of the mutual promises and obligations set forth in this Memorandum, the sufficiency of which is hereby acknowledged, the parties agree as follows: ARTICLE I PURPOSE The purpose of this Memorandum between the parties is to establish the City of Roanoke and Family Service of Roanoke Valley partnership designed to replicate the Project Back on Track evidence-based program in accordance with the grant award and Statement of Grant Award Special Conditions (attached herein) as provided by the Department of Criminal Justice Services to the City of Roanoke and to Family Service of Roanoke Valley. Project Back on Track programming will be implemented by Family Service of Roanoke Valley staff for the targeted population as purchased services as described in the grant 11-A2242JJ09. In its first year of the Department of Criminal Justice Services grant funded project, the goal is to engage 50 City of Roanoke youth ( ages 12 - 17) in Project Back on Track program, during the grant award period of July 1, 2010 through June 30, 2011. Project Back on Track programming will include counseling, service learning, life skills and family education to respond a vital community priority: to reduce youth crime and to impact a prevalent cause of youth crime, substance abuse among our youth. Another aim of the project is to impact the problem of disproportionate minority contact. ARTICLE II GOALS AND OBJECTIVES The City of Roanoke Project Back on Track proposal was written in response to the recent surveys showing the problematic use of substances among the city's youth: especially cocaine, marijuana, prescription drugs, alcohol and heroin use. Such substance use contributes significantly to youth crime. In 2009 179 youth cases involved substance use problems that were identified. Substance use in the city of Roanoke exceeds national levels; in the case of cocaine Family Service of Roanoke Valley Page 2 by two times the national level and in the case of heroin three times as many city youth report using heroin in comparison with national data. In 2009 the African American representation in the youth crime statistics was disproportionate representing 59% of juvenile intakes while only 35% of the population of youth are African American. These statistics indicate the need for Project Back on Track, proven to effectively reduce youth substance use and youth crime recidivism across gender and racial differences. In Year I the project goal is to engage at least 50 youth ages 12- 17, a minimum of 67% African American, to achieve the objectives of: (1) avoiding subsequent criminal offenses and (2) preventing further substance use among the youth participants. The outcome objectives of Project Back on Track will be evaluated, incorporating the required performance measures as identified by the Department of Criminal Justice Services. ARTICLE III OBLIGATIONS OF THE PARTIES The parties to this Memorandum agree that the following represents their respective obligations: A. City of Roanoke's obligations: 1. Serving as the fiscal agent for the Project Back on Track partnership project, the City of Roanoke's appropriate financial officer will submit the financial reports following the post award instructions and reporting requirements provided by the Department of Criminal Justice Services in accordance with the scheduled deadlines: October 19th, 2010, January 20, 2011, April 18, 2011 and July 19, 2011. Financial reports are required even if no expenditures have occurred. 2. In accordance with the Grant Award budget, Family Service will be reimbursed for expenses incurred including personnel, training and consultation costs, program supplies, and travel as appropriate to provide the counseling, family educational events, service learning and psycho-educational life skill sessions with the total amount of purchased services to not exceed $74,624. Requests for reimbursement must be accompanied by copies of receipts and/or invoices specific to this program. Family Service shall also provide documentation verifying payment of staff costs. Payment will be made to Family Service within fourteen (14) days from date of receipt, subject to the approval of the City of Roanoke. The City of Roanoke Family Service of Roanoke Valley Page 3 reserves the right to refuse payment to Family Service in the event that Family Service submits a reimbursement request beyond the contract expiration date. B. Family Service of Roanoke Valley's obligations: 1. Family Service will provide the trained staff necessary to implement the Project Back on Track best practice methods for counseling, service learning, psycho-educational skill development and family education throughout the 2010-2011 school year unless the funding situation changes and finances no longer allow for such staffing. 2. Family Service will provide the appropriate administration for quality control of Project Back on Track through oversight by a qualified Program Manager. 3. Family Service will complete the program reports upon the forms required by the Department of Criminal Justice Services, such report form attached to this contract as exhibit "A", meeting expected deadlines in a timely manner paying due attention to accuracy and comprehensiveness requirements. Program reporting requirements will be met adhering to the deadline schedule: October 19th, 2010, January 20, 2011, April 18, 2011 and July 19, 2011. 4. Family Service will complete criminal background, DMV and child abuse registry checks on its staff and will not hire anyone convicted of a felony (unless excluded by law or pardoned) and/or who is listed on the child abuse registry and no one with a reckless driving conviction or DUI will transport students. All staff will be required to have a current valid drivers' license and a vehicle with up-to-date inspections and registrations. 5. All Family Service staff will comply with the agency's risk management policies and procedures: using vehicles with current inspection stickers, buckling up all passengers, locking doors while transporting and avoiding cell phone use, while driving and any other procedures the agency or local jurisdiction authorities deem appropriate to promote transportation safety. 6. Family Service agrees to follow and provide the services stated in the project proposal. Such proposal is attached to this contract as exhibit "B" and made a part here of. Family Service of Roanoke Valley Page 4 7. No students will go on a field trip unless parent permission has been obtained in advance. 8. No students will complete the evaluation surveys unless parent permission has been obtained using the approved Informed Consent Form with a parent signature provided in advance of survey administration. 9. Family Service of Roanoke Valley agrees to comply with the policies and procedures required by the funding source, the Department of Criminal Justice Services, as presented in the general grant conditions and assurances regarding lobbying, debarment, suspension and other responsibility matters and drug-free workplace requirements. ARTICLE IV INSURANCE Family Service of Roanoke Valley shall obtain and maintain during the life of this Memorandum, the insurance policies required by this Article. Any required insurance policies shall be effective prior to the beginning date of this Memorandum. The following policies and coverage are in place: An umbrella liability policy following the form of the underlying primary coverage in a minimum amount of $1,000,000. Such coverage shall be accompanied by a certificate of endorsement and furnished by Family Service of Roanoke Valley to the CITY OF ROANOKE. Family Service of Roanoke Valley and its subcontractors, if any, involved in this Contract shall maintain the following insurance coverages with a quality company, written on an occurrence basis, issued by a company licensed to transact business in this State, during the life of this Contract, and shall furnish the City with certificates of insurance which shall also include ~ insurance deductibles, if applicable. The certificates shall name the City and its officers, agents and employees as additional insureds, providing coverage against any and all claims and demands made by a person or persons whomsoever for property damages or bodily or personal injury (including death) iricurred in connection with the services to be provided under this Contract with respect to the Commercial General Liability coverage and the Automobile Liability coverage. Family Service of Roanoke Valley Page 5 With respect to the Workers Compensation coverage, Family Services' insurance company shall waive rights of subrogation against the City and its officers, agents and employees. A. Commercial General Liability: $ One Million $Two Million General Aggregate Limit (other than Products/Completed Operations). $ One Million Products/Completed Operations Aggregate Limit. $ One Million Personal Injury Liability (including liability for slander, libel, and defamation of character). $ One Million each occurrence limit (including liability for Contractual, and Owners and Family Services' Protective). B. Automobile Liability: $ One Million combined single limit with applicable endorsement to cover waste cargo. . C. Workers Compensation and Employers Liability: Workers Compensation: statutory coverage for Virginia Employers Liability: $100,000.00 Bodily Injury by Accident each occurrence $500,000.00 Bodily Injury by Disease Policy Limit. $100,000.00 Bodily Injury by Disease each employee. D. The above limit amounts may be met by an umbrella liability policy following the form of the underlying primary coverage in a minimum amount of $ One Million. E. Proof of Insurance Coverage: 1 ~ Family Service shall furnish the City of Roanoke with the required certificates of insurance showing the type, amount, effective dates and date of expiration of the policies. 2. The required certificates of insurance shall contain sub~tantially the following statement: Family Service of Roanoke Valley Page 6 Should any of the above described policies be cancelled before the expiration date thereof the issuing company shall mail 30 days written notice to City of Roanoke, Risk Manager, 215 Church Avenue, S.W., Room 506, Roanoke, VA 24011. The telephone number is (540) 853-1856. ARTICLE V INDEMNIFICATION Family Service of Roanoke Valley agrees and binds itself and its successors and assigns to indemnify, keep and hold the City and its officers, employees, agents, volunteers and representatives free and harmless from any liability on account of any injury or damage of any type growing out of or directly or indirectly resulting from any act or omission of in its Project Back on Track program: the failure, refusal or neglect of Family Service of Roanoke Valley to perform any duty imposed upon or assumed by Family Service under the terms of this Memorandum or any violation of Federal, State or Local I,aw. In the event that any suit or proceeding shan be brought against the City of Roanoke or any of its officers, employees, agents, volunteers or representatives at law or in equity, either independently or jointly with Family Service of Roanoke . Valley on account thereof, Family Service of Roanoke Valley, upon notice given to it by City Councilor any of its officers, employees, agents, volunteers or representatives, will pay all costs, including attorney's fees, of defending the City of Roanoke 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 City or any of its officers, employees, agents, volunteers or representatives, either independently or jointly with Family Service of Roanoke Valley, then Family Service of Roanoke Valley 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 City of Roanoke or any of its officers, employees, agents, volunteers or representatives harmless therefrom. ARTICLE VI TERM AND EXTENSION OF MEMORANDUM Term. This Memorandum shall be from July 1, 2010 until June 30, 2011, subject to the termination rights of the parties as set forth in this Memorandum. Family Service of Roanoke Valley Page 7 Extension. This Memorandum may be extended for an additional one year term(s) by the written agreement signed by both parties sixty (60) days prior to the end of the current term. ARTICLE VII TERMINATION Termination: This Memorandum may be terminated by either party at any time, for any cause, or no cause, upon sixty (60) days written notice signed on behalf of either party. ARTICLE VIII NOTICE Notice. Any notice, request, or demand given or required to be given under this Memorandum 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 City of Roanoke Designee: Chris Morrill City Manager 215 Church Avenue SW Roanoke, VA 24011 To Agency Representative: Family Service of Roanoke Valley John F. Pendarvis, President and CEO 360 Campbell Ave SW Roanoke, VA 24016 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. Family Service of Roanoke Valley Page 8 ARTICLE IX MISCELLANEOUS Compliance with the Law. Family Service of Roanoke Valley agrees to comply with all local, state and federal laws as the law currently exists or may exist in the future during the term of this Memorandum. Assiqnment. The provisions of this Memorandum are for the exclusive benefit of the parties hereto and not for the benefit of any third person, nor shall this Memorandum be deemed to have conferred any rights, express or implied, upon any third person unless otherwise expressly provided for herein. Captions and Headings. The section captions and headings are for convenience and reference purposes only and shall not affect in any way the meaning or interpretation of this Memorandum. Severabilitv. The invalidity, illegality or unenforceability of any provision of this Memorandum as determined by a court of competent jurisdiction shall in no way affect the validity, legality or enforceability of any other provision hereof. Waiver. No failure of any party to insist upon strict observance of any provision of this Memorandum, and no custom or practice of the parties at variance with the terms hereof, shall be deemed a waiver of any provision of this Memorandum in any instance. Governinq Law. This Memorandum shall be governed by and construed' in accordance with the law of the Commonwealth of Virginia. Entire Aqreement. This Memorandum represents the entire integrated agreement between the parties and supersedes all prior negotiations, representations or agreements, either written or oral. This Memorandum of Understanding shall not be amended or modified except by written instrument signed by the parties. Signature of Agency Representative Identified Above: Signature of City of Roanoke Representative: Family Service of Roanoke Valley Page 9 Date: Date: Family Service of Roanoke Valley Page 1 0 Attachment "A" DOJ Quarterly Report Forms ~ Attachment "8" Project Proposal Family Service of Roanoke Valley Page 1 1 {(!\, q;\~~~~O ~......, ;',~i~,:,:\iS" IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of JulYT 2010. No. 38887-071910. A RESOLUTION authorizing the acceptance of two FY 2011 Urban and Community Forestry Grants to fund a part-time Urban Forestry Planner to wor~( with the City's Urban Forester , on an Urban Forestry Plan Update and related activities and on Tree Stewards Training and projects, and authorizing the execution of the necessary documents, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby accepts the FY 2011 Urban and Community Forestry Grants in the total amount of$24,712 to fund a part-time Urban Forestry Planner to work with the City's Urban Forester on an Urban Forestry Plan Update and related activities and on Tree Stewards Training and projects, as more particularly set forth in the City Manager's report dated July 19,2010, . . to this Council. 2. The City Manager and the City Clerk are hereby authorized to execute and attest, respectively, agreements with the Virginia Department of Forestry, and any other documents necessary to accept such grants, such documents to be approved as to form by the City Attorney, and to furnish such additional information as may be required in connection with the City's acceptance of these grants. ATTEST: ' h1. ~U\V City Clerk. R-Urban and Community Forestry Grants 201] .doc f IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of July, 2010. No. 38888~071910. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Urban and Community Forestry Grants, amending and reordaining certain sections of the 2010-2011 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 2010-2011 Grant Fund Appropriations be, and the same are hereby, \ amended and reordained to read and provide as follows: Appropriations Regular Employee Salaries City Retirement FICA Medical Insurance Dental Insurance Life Insurance Regular Employee Salaries City Retirement FICA Medical Insurance Dental Insurance Life Insurance Revenues Urban & Community Forestry Grant FY11 #1 Urban & Community Forestry Grant FY11 #2 35-620-4358-1002 35-620-4358-1105 35-620-4358-1120 35-620-4358-1125 35-620-4358-1126 35-620-4358-1130 35-620-4359-1002 35-620-4359-1105 35-620-4359-1120 35-620-4359-1125 35-620-4359-1126 35-620-4359-1130 35-620-4358-4358 35-620-4359-4359 $ 9,008 1 ,421 690 1,140 72' 25 9,008 1,421 690 1,140 72 25 12,356 12,356 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. - 11,. hlD~ 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 July 19, 2010 Honorable David A. Bowers, Mayor Honorable David B. Trinkle, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable Raphael E. Ferris, COuncil Member Honorable Sherman P. Lea, Council Member Honorable AnitaJ. Price, Council Member Honorable Court G. Rosen, Council Member Dear Mayor Bowers and Members of City Council: Subject: Urban and Community Forestry Grants Background: On June 8, 2010, the City was notified by the Virginia Department of Forestry that a $12,356.00 grant will be awarded to the City upon execution of a Memorandum of Agreement (Attachment 1). The grant will be used to fund the part-time Urban Forestry Planner 10 hours a week to work with the City's Urban Forester on an Urban Forestry Plan Update and related activities. The original Urban Forestry Plan was adopted by City Council as an element of Vision 2001-2020, the City's Comprehensive Plan, on April 21, 2003. Sinte that time, the City has received new data that will be used in the Urban Forestry Plan update. This includes the results of a 2008 Urban Tree Canopy Assessment and a 2010 STRATUM survey of tree streets, both projects having been undertaken by the part-time Urban Forestry Planner. Within three months, a UFORE survey of City-wide tree canopy will be available, providing estimates of tree health, value and distribution. Under the grant, the Urban Forestry Planner also will continue to coordinate the Commemorative Tree Program and manage the urban forestry webpages. In a separate award on June 8, 2010, the City was notified by the Virginia Department of Forestry that another $.12,356.0.o..grant will be awarded to the City upon execution of a Memorandum of Agre'ement (Attachment 2). The City started a Tree Stewards program in January 2009, and the program now has thirty-three active Tree Stewards. Each Steward goes through 30 hours of Honorable Mayor and Members of City Council July 19, 2010 Page 2 training and is asked to give 30 hours of volunteer service back to the City in their first year and 20 hours. per year thereafter. Roanoke's Tree Stewards have planted and pruned trees; given speeches to civic groups; educated children about trees; and hosted booths at events such as Earth Day and Fall Waterways. This grant will be used to fund the part-time Urban Forestry Planner 10 hours a week to work with the City's Urban Forester on Tree Stewards training and projects. ' Considerations: The two Urban and Community Forestry Grants are from a federal grant program sponsored by the USDA Forest Service and administered by the Virginia Department of Forestry. "Funds are awarded ona reimbursement basis after verification of the local match. The City's Urban Forester will provide 415 hours of staff time ($13,085) as a match for the former grant. For the latter grant, he will provide 50 hours of staff time ($1,577) as a match. The Tree Stewards will provide 600 hours of volunteer time ($12,150) as match for the latter grant also. The part-time Urban Forestry Planner's salary and fringe benefits are paid entirely by the grants and have been funded under this program for eight years. Recommended Action: Accept the FY11 Urban and Community Forestry Grants in the amount of $24,712 and authorize the City Manager and City Clerk to execute and attest respectively, agreements with the Virginia Department of Forestry and any other documents !lecessary to accept such grants, such documents to be approved as to form by the City Attorney. Adopt the accompanying budget ordinance to establish a revenue estimate in th~ amount of $24,712 and appropriate funding totaling $24,712 to expenditure accounts to be established by the Director of Finance in the Grant Fund as follows: Grant: Urban Forestry Plan Update and Related Activities Account Account # Regular Employee Salary 35-620-4358-1002 FICA 35-620-4358-1120 Hospitalization Insurance 35-620-4358-1125 Dental Insurance 35-620-4358-1126 City Retirement 35-620-4358-1105 Life Insurance 35-620-4358-1130 TOTAL Amount $ 9,008 690 1,140 72 1 ,421 25 $12,356 Honorable Mayor and Members of City Council July 19, 2010 Page 3 Grant: Tree Stewards Training and Projects Account Account # Regular Employee Salary 35-620-4359-1002 FICA 35-620-4359-1120 Hospitalization Insurance 35-620-4359-1125 Dental Insurance 35-620-4359-1126 City Retirement 35-620-4359-1105 Life Insurance 35-620-4359-1130 TOTAL Christopher P. Morrill City Manager CPM:HS c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance R. Brian Townsend, Assistant City Manager Steve C. Buschor, Director of Parks and Recreation Amount $ 9008 690 1,140 72 1 ,421 25 $12,356 CM10-00139 U&CF ASSISTANCE GRANT PROGRAM MEMORANDUM OF AGREEMENT GRANT # lOUCF14 This agreement made this day of , 2010 by and between the Virginia Department of Forestry, herein referred to as "Party of the First Part", and the City of Roanoke. Vin?:inia herein referred to as "Party of the Second Part". The parties of this agreement, in consideration of the mutual covenants and stipulations set out herein in order to promote, support and participate in the U&CF Assistance Grant Program, sponsored by the U. S. Forest Service (Catalog of Federal Domestic Assistance (CFDA) Number 10-664) agree as follows: (1) SCOPE OF SERVICES: The Party of the Second Part shall provide the service to the Party of the First Part set forth in its Urban & Community Forestry Assistance proposal. (2) TIME OF PERFORMANCE: The service of the Party of the Second Part shall commence on June 10,2010 and shall terminate on June 15, 2011. 1 ", ....-'i.-'_''';<-\""'::->^'\-,.-,'.'-'-"'''.-''...-.--.,.--',"'..,.,".-...",--"._.'-,'-.".':,:'"i',"'>"'-':"-' ___,<,'r:----- All time limitsst~Wiare of the esseI1\:~Of this agreement. (3) COMPENSATION: The Party of the Second Part shall be paid by the Party of the First Part as set forth in ATTACHMENT A.. Funds will be transferred to the Party of the Second Part upon receipt of quarterly billings. The Party of the Second Part shall spend the funds according to the specified categories of the contract budget. Minor shifts of the funds among categories not to exceed 10 percent may be permitted by the Party of the First Part, but in no case can the total expenditures exceed the amount provided by this contract. Shifts of funds among budget categories exceeding 10 percent must be approved in writing by the Party of The First Part. (4) ASSISTANCE: The Party of the First Part agrees upon request of the Party of the Second Part to furnish, or otherwise make available to the Party of the Second Part, copies of existing non-proprietary materials in the possession of the Party of the First Part that are reasonably related to the subject matter of this agreement and are necessary to the Party of the Second Part for completion of his performance under this agreement. . (5) GENERAL PROVISIONS: Page 1 Nothing in this agreement shall be construed as authority for either party to make commitments which will bind the other party beyond the Scope of Service contained herein. Furthermore, the Party of the Second Part shall not assign, sublet or subcontract any work related to this agreement or any interest it may have herein without the prior written consent of the Party of the First Part. This contract is subject to appropriations by the Virginia General Assembly. (6) INTEGRATION AND MODIFICATION: This contract constitutes the entire agreement between the Party of the Second Part and the Party of the First Part. No alteration, amendment or modification in the provisions of this agreement shall be effective unless it is reduced to writing, signed by the parties and attached hereto. (7) TERMINATION: The Party of the First Part may terminate this agreement for its convenience upon 60 days written notice to the other party. The Party of the Second Part shall be paid for no service rendered or expense incurred after receipt of such notice except such fees and expenses incurred prior to the effective date of termination that are necessary for curtailment of its/his work under this agreement. In the event of breach by the Party of the Second Part of this agreement, the Party of the First Part shall have the right immediately to rescind, revoke or terminate the agreement. In the alternative the Party of the First Part may give written notice to the Party of the Second Part specifying the manner in which the Agreement has been breached. If a notice of breach is given and the Party of the Second Part has not substantially corrected the breach within the sixty (60) days of receipt of the written notice, the Party of the First Part shall have the right to terminate this Agreement. In the event of rescission, revocation or termination, all documents and other materials related to the performance of this Agreement shall become the property of the Department of Forestry. (8) COLLATERAL CONTRACTS: Where there exists any inconsistency between this Agreement and other provisions of collateral contractual agreements which are made a part of this Agreement by reference or otherwise, the provisions of this Agreement shall control. (9) ANTI-DISCRIMINATION: During the performance of this contract, the Party of the Second Part agrees as follows; The Party of the Second Part will not discriminate against any employee or applicant for employment because of race, religion, color, sex, or national origin, e'xcept where religion, sex, or national origin is a bona fide occupational qualification reasonable necessary to the normal operation of the Party of the Second Part. The Party of the Second Part agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause. The Party of the Second Part, in all solicitations or advertisement for employees placed by or on behalf of the Party of the Second Part, will state that such Party of the Second Part is an equal opportunity employer. Notices, advertisements and solicitations in accordance with federal law, rules or regulations shall be deemed sufficient for the purpose of meeting the requirements of the Section. The Party of the Second Part will include the above provisions in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. Page 2 (10) APPLICATIONS: This agreement shall be governed in all respects, whether as to validity, construction, capacity, performance or otherwise, by the laws of the Commonwealth of Virginia. (11) SEVERABILITY: Each paragraph and provision of the Agreement is severable from the entire Agreement; and if any provision is declared invalid, the remaining provisions shall nevertheless remain in effect. (12) CONTINGENT FEE WARRANTY: The Party of the Second Part warrants that he/it has not employed or retained any person or persons for the purpose of soliciting or securing this Agreement. The Party bf the Second Part further warrants that he/it has not paid or agreed to pay any company or person any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon the award or making of this Agreement. For breach of one or both of the foregoing warranties, the Agency shall have the right to terminate this agreement without liability, or, in its discretion or otherwise recover, the full amount of said prohibition fee, commission, percentage, brokerage fee, gift or contingent fee. (13) CONFLICT OF INTEREST: The Party of the Second Part warrants that he has fully complied with the Virginia Conflict ofInterest Act. (14) FINANCIAL RECORDS AVAILABILITY: The Party of the Second Part agrees to retain all books, records and other documents relative to this Agreement for five (5) years after final payment, or until audited by the Commonwealth of Virginia, whichever is later. The Party of the First Part, its authorized agents and/or State auditors shall have full access to and the right to examine any of said materials during said period. Source documentation such as canceled checks (include copies of both front and back), paid bills, payrolls, time and attendance record (itemizing time spent on U&CF Assistance grant project), contracts, etc. will be submitted with the "Request for Funds." Invoices will be marked "PAID" and referenced as to how payment was made (i.e. check number). The Party of the Second Part agrees to comply with the following Federal cost and administrative regulations as applicable: . Non-Profit Oreanizations Cost Principles, OMB CIR A-122 Admin. Regulations, OMB CIR A-II0 Audits, OMB CIR-A 133 State and Local Governments Universities Cost Principles, OMB CIR A-87 Admin, Regulations, OMB CIR A-I02 (rev.) Audits, OMB CIR A-133 Cost Principles, OMB CIR A-21 Admin. Regulations, OMB CIR A-I 10 Audits, OMB CIR A-133 Page 3 (15) QUARTERLY REPORTS: The Party of the Second Part agrees to provide the Party of the First Part performance reports on all activities identified in the proposals as they occur. The performance reports will contain a summary of progress and activities for each activity within'the proposal; indicate any problems and solutions in meeting requirements, and provide financial funds expenditure information for reimbursement as appropriate. The quarterly report form has information relating to writing to your federal congress person about the benefits of the U&CF program to your community / organization. The schedule for submittal of the periodic performance reports shall be as follows: PERIOD COVERED June 1,2010 August 30, 2010 September 1, 2010 December 31. 2010 January 1, 2011 .-;- March 31,2011 April L 2011.... June 15,2011 SUBMITTAL DATE September 15, 2010 January 15, 2011 April15, 2011 June 30, 20ll In witness whereof the parties have caused this agreement to be executed by the following duly authorized officials: PARTY OF THE SECOND PART PARTY OF THE FIRST PART This contract has been reviewed by the staff of the Party of the First Part. Its substantive terms are appropriate, and sufficient funds have been obligated for its performance. BY: BY: TITLE: City Manager TITLE: Urban and Community Forestry Partnership Coordinator AGENCY: City of Roanoke, Virginia AGENCY: Virginia Department of Forestry DATE: DATE: Page 4 ATTACHMENT A PAYMENT PROCESS The funds awarded under the grant are available on a reimbursement basis after verification of match and in accordance with a payment schedule agreed to in advance. Grantees must file a request for payment and send records of expenditures along with documented costs to the Virginia Department of Forestry. The UCF Program Administrator will evaluate the progress ofthe project to determine eligibility for full funding. Grantees may request reimbursement as frequently as needed (within reason); or at least quarterly if there are qualifying expenditures. FEDERAL AND STATE REGULATIONS Grantees must comply with all Federal regulations pertaining to Federal grants. Grantees are referred to OMB Circulars A-I 02 and A-II 0 which are the uniform administration requirements. Grantees are also referred to Section 3015,3016, and 3017 ofthe Code of Federal Regulations and to cost principles outlined in OMB Circulars A-21, A-87, and A-122. Copies of these documents may be obtained from the Virginia Department of Forestry UCF Program Administrator upon request. Grantees must certify that they are not debarred from this grant program. Grantees should not conduct business with individuals or organizations debarred from Federal grant projects. Applicants must document project approval by the authorized representative of the local governing body, organization or institution applying for the grant. State and local government agencies must adhere to guidelines of the "Agency Procurement Manual" (January 1990) as required in Section 2.1-442 of the Code of Virginia. RECORD KEEPING REQUIREMENTS Records will be maintained according to all Federal regulations. The financial management system of the grantees shall meet the following standards: . Records shall comply with generally accepted accounting principles. . Records will document allowable costs. . Records will be supported by source documentation, such as canceled checks, paid bills, payrolls, time and attendance records, contracts, etc. Invoices must be marked paid and be referenced as to how payment was made (i.e., check number). Records will be maintained for three years following final payment Page 5 ~DDrova o. - APPLICATION FOR 2. DATE SUBMITTED Applicant Identifier PROPOSAL # FEDERAL ASSISTANCE 1. TYPE OF SUBMISSION: 3. DATE RECEIVED BY State Application Identifier Application Pre-application STATE 10UCF14 Construction Construction 4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier x Non-Construction x Non-Construction 5. Legal Name: City of Roanoke, Virginia Organizational Unit: Address (give city, county, state, and zip code) Name and telephone number of the person to be contacted on matters 215 Church Avenue, Roanoke, VA 24011 involving this application (give area code) Dan Henry 540-853-1994 EMPLOYER IDENTIFICATION NUMBER (EIN): 7. TYPE OF APPLICANT: ~- (enter appropriate letter in box) I 5 I 4 I - 6 I 0 I 0 I 1 I 5 I 6 9 I A. State H. Independent School Dist. B. County I. State Controlled Inst.of Higher Learning 8. TYPE OF APPLICATION: C. Municipal J. Private University []] New D Continuation D Revision . D. Township K. Indian Tribe E. Interstate L. Individual If Revision, enter appropriate letter(s) in box(es): D D F. Intermunicipal M. Profit Organization G. Special District N. Other (Specify): A. Increase Award S. Decrease Award C. Increase Duration D. Decrease Duration Other (specify): 9. NAME OF FEDERAL AGENCY: USDA Forest Service 10. CATALOG OF FEDERAL 1 I 0 I · 6 I 6 I 4 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: DOMESTIC ASSISTANCE NO. TITLE: Cooperative Forestry Urban Forestry Plan Update and Related Activities 12. AREAS AFFECTED BY PROJECT (cities, counties, states, etc.) City of Roanoke, Virginia 13. PROPOSED 14. CONGRESSIONAL DISTRICTS OF: PROJECT: Start Date I Ending Date a. Applicant 6 I b. Project: 6 June 1, 2010 June 15, 2011 15. ESTIMATED FUNDING: 16. lSAPPL.ICAllCJIl SL8.ECT1OREVEWBYSTAlEEXEaJ1lIIE CJIDER 1ZJ72PROCESS? a. Federal $ 12,356 .00 a YES.1HIS FREAPPUCAllCN'AFf'L.D\TJ(]\JWPSMADEAVAlLABLETOlHE b. Applicant $ 13,085 .00 STAlE EXECL/ThIE OOI:ER 1ZJ12PROCESS FeR REVlEWO\I: c. State $ .00 DATE d. Local $ .00 b. NO. m PRJGRAM IS I\OTCO\IER8J BYEO.12372 e. Other $ .00 f. Program Income $ .00 D ffi PRJGRAM I-V\S I'OTBEENSELECTEDBYSfAlE FeRR:VIEW g. TOTAL $ 25,441 .00 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? DYes If "Yes," attached an explanation m No 18. 10 lHE BEST a= MY KNOMIDGE AND BELEF, ALL DATA N 1HIS APPL.ICA~llCJIl ARE lRlE AND CffiRECT. lHE DOClJfv'ENT HAS BEB\I Dl1. Y AI.JTl-lCRH) BYll-E ~G 800Y a=ll-EAPP\JCANT ANDlHEAPP\JCANTWLLCO'vR. YWTHlHEATTACtEDASSl.RI\NCES Fll-EASSISTANCEISAWPfCED. a. Typed Name of Authorized Representative: I b. Title: City Manager c. Telephone Number: 540-853-2333 Christopher P. Morrill d. Signature of Authorized Representative: e. Date Signed: Previous Editions Not Usable OMBA I N 0348 0043 Standard Form 424 (REV 7-97) Prescribed by OMS Circular A-102 Authorized for Local Reproduction OMB Approval No. 0348-0040 ASSURANCES -- NON-CONSTRUCTION PROGRAMS Note: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the dulv authorized representative of the applicant I certify that the applicant: (e) the Drug Abuse Office and Treatment Act of 1972 1. Has the legal authority to apply for Federal assistance, (P.L. 92-255), as amended, relating to nondiscrimination and the institutional, managerial and financial capability on the basis ,of drug abuse; (f) the Comprehensive (including funds sufficient to pay the non-Federal share Alcohol Abuse and Alcoholism Prevention, Treatment of project costs) to ensure proper planning, management and Rehabilitation Act of 1970 (P.L. 91-616), as and completion of the project described in this amended, relating to nondiscrimination on the basis of application. alcohol abuse or alcoholism; (g) SS 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290-dd-3 2. Will give the awarding agency, the Comptroller General and 290 ee-3), as amended, relating to confidentiality of of the United States, and if appropriate, the State, alcohol and drug abuse patient records; (h) Title VIII of through any authorized representative, access to and the the Civil Rights Act of 1968 (42 U.S.c. S 3601 et seq.), right to examine all records, books, papers, or documents as amended, relating to nondiscrimination in the sale, related to the award; and will establish a proper rental or financing of housing; (1) any other accounting system in accordance with generally accepted nondiscrimination provisions in the specific statute(s) accounting standards or agency directives. under which application for Federal assistance is being made; and U) the requirements of any other 3. Will establish safeguards to prohibit employees from nondiscrimination statute(s) which may apply to the using their positions for a purpose that constitutes or application. presents the appearance of personal or organizational conflict of interest, or personal gain. 7. Will comply, or has already complied, with the requirements of Titles 11 and III of the Uniform 4. Will initiate and complete the work within the applicable Relocation Assistance and Real Property Acquisition time frame after receipt of approval of the awarding Policies Act of 1970 (P.L. 961-646) which provide for agency. fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or 5. Will comply with the Intergovernmental Personnel Act federally assisted programs. These requirements apply of 1970 (42 U.S.C. SS 4728-4763) relating to prescribed to all interests in real property acquired for project standards for merit systems for programs funded under purposes regardless of Federal participation in one of the nineteen statutes or regulations specified in purchases. Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 8. Will comply with the provisions of the Health Act (5 U.S.c. SS 1501-1508 and 7324-7328) which limit the 6. Will comply with all Federal statutes relating to political activities of employees whose principal nondiscrimination. These include but are not limited. to: employment activities are funded in whole or in part (a)Title VI of the Civil Rights Act of 1964 (PL 88-352) with State funds. which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education 9. Will comply, as applicable, with the provisions of the Amendments of 1972, as amended (20 U.S.c. SS 1681- Davis-Bacon Act (40 U.S.C. SS 276a to 276a-7), the 1683, and 1685-1686), which prohibits discrimination on Copeland Act (40 U.S.C. S 276cand 18 U.S.C. SS 874), the basis of sex; ( c) Section 504 of the Rehabilitation Act and the Contract Work Hours and Safety Standards Act of 1973, as amended (29 U.S.C. S 794), which prohibits (40 U.S.C. SS 327-333), regarding labor standards for . discrimination on the basis of handicaps; (d) the Age federally assisted construction subagreements. Discrimination Act of 1975, as amended (42 U.S.C. SS 6101-6107), which prohibits discrimination on the basis 10. Will comply, if applicable, with flood insurance of age; purchase requirements of Section !02(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which Standard Form 424B (7-97) Prescribed by OMB Circular A-I02 Authorized for Local Reproduction requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition of$10,000 or more. 11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy ,Act of 1969 (P.L. 91- 190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. ~~ 1451 et seq.); (t) conformity of Federal actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clear Air Act of 1955, as amended (42 U.S.C. ~ 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended, (P.L. 93-205). , 15. (identification and protection of historic properties), and the Archeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-l et seq.). 14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. ~~ 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. 2131 et seq.) . pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 16. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. ~~ 4801 et seq.) which prohibits the use of lead based paint in construction or rehabilitation of residence structures. 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act of 1984. 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations and policies governing this program. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL I TITLE City Manager APPLICANT ORGANIZATION DATE SUBMITTED City of Roanoke, Virginia SF 424B (7-97) Back U.S. DEPARTMENT OF AGRICULTURE Certification Regarding Debarment, Suspension, and Ineligibility And Voluntary Exclusion - Lower Tier Covered Transactions This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 7 CFR Part 3017, Section 3017.510, Participants' responsibilities. The regulations were published as Part IV of the January 30, 1989, Federal Register (pages 4722-4733). Copies of the regulations may be obtained by contacting the Department of Agriculture agency with which this transaction originated. (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE) (1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency (2) Where the prospective lower tier participant is unable to certify to any of the statements III this certification, such prospective participant shall attach an explanation to this proposal. City of Roanoke, Virginia IOUCF14 Organization Name PRlAward Number of Project Name Christopher P. Morrill, City Manager Name and Title of Authorized Representative Signature Date Form AD-I048 (2/89) Substitute Form W.9 VIRGINIA DEPARTMENT OF FORESTRY 12/01/2000 (Nov. 1990) fsubw9po.dot REQUEST FOR TAXPAYER IDENTIFICATION NUMBER(S) AND CERTIFICATION RETURN THIS FORM TO THE REQUESTER WITHIN 30 DAYS - FAILURE TO RETURN MAY RESULT IN 31% BACKUP WITHHOLDING Each person or organization doing business with the Commonwealth of Virginia must provide the following information. ORGANIZATION ENTITY: (CHECK ONLY ONE) D INDIVIDUAL D NON-PROFIT ORGANIZA nON D SOLE PROPRIETOR D FEDERAL AGENCY D PARTNERSHIP D STATE AGENCY D CORPORATION ~ LOCAL GOVERNMENT D TRUST D POLITICAL SUBDIVISION D ESTATE D OTHER SOCIAL SECURITY NUMBER And I Or EMPLOYER IDENTIFICATION NUMBER 54-6001569 ENTER THE FOLLOWING: LEGAL NAME (MUST MATCH THE SOCIAL SECURITY NUMBER, IF APPLICABLE) TRADE NAME City of Roanoke, Virginia . (MUST MATCH THE EMPLOYER IDENTIFICATION NUMBER, IF APPLICABLE) MAILING ADDRESS 215 Church Avenue Roanoke, VA 24011 CONTACT PERSON Dan Henry TELEPHONE NUMBER 540.853.1994 PLEASE ANSWER THE FOLLOWING QUESTIONS: IS YOUR ORGANIZATION (ASSOCIATION, CLUB, RELIGIOUS, CHARITABLE, EDUCATIONAL, OR OTHER GROUP) TAX EXEMPT UNDER IRS CODE SECTION 501(A)? ARE YOU A REAL ESTATE AGENT? DYES 1:8] NO DYES 1:8] NO CERTIFICATION: UNDER PENALTIES OF PERJURY, I CERTIFY THAT: (1) The number(s) shown on this form is my correct taxpayer identification number(s) (or I am waiting for a number to be issued to me), and (2) I am not subject to backup withholding either because I have not been notified that I am subject to backup withholding as a result of failure to report all interest or dividends, or the Internal Revenue Service has notified me that IlI.m no longer subject to backup withholding. [You must cross out item (2) above if you have been notified by IRS that you are currently subject to backup withholding because of underreporting interest or dividends on your tax return. (see Signing the Certification under Specific Instructions on the Form W.9 Instructions which follow.) ] SIGNATURE DATE Return this form to Virginia Department of Forestry 900 Natural Resources Drive, Suite 800, Charlottesville, VA 22903 E-7 Grant Number 1 OUCF 14 Legislative Information As part of our continuing process to inform legislators about the fantastic projects being accomplished in Virginia we need the information below. Please list the Virginia State Senators, Representatives, and US Congressmen and their corresponding District numbers within all Districts affected by your grant. http://www.visi.com/iuanlcongress/index.html State Representatives . District Number Delegate William H. Cleaveland 17 Delegate Onzlee Ware 11 State Senators District Number Senator John S. Edwards 21 . US Senators Senator Jim Webb Senator Mark Warner US Congressman District Number Representative Bob Goodlatte 6 U&CFASSISTANCE GRANT PROGRAM MEMORANDUM OF AGREEMENT GRANT # lOUCF15 This agreement made this day of , 2010 by and between the Virginia Department of Forestry, herein referred to as "Party of the First Part", and the CitvofRoanoke, Vir2inia herein referred to as "Party of the Second Part". The parties of this agreement, in consideration of the mutual covenants and stipulations set out herein in order to promote, support and participate in the U&CF Assistance Grant Program, sponsored by the U. S. Forest Service (Catalog of Federal Domestic Assistance (CFDA) Number 10-664) agree as follows: (1) SCOPE OF SERVICES: The Party of the Second Part shall provide the service to the Party of the First Part set forth in its Urban & Community . Forestry Assistance proposal. (2) TIME OF PERFORMANCE: The service of the Party of the Second Part shall commence on June 10,2010 and shall terminate on June 15, 2011. All time limits agreement (3) COMPENSATION: The Party of the Second Part shall be paid by the Party of the First Part as set forth in ATTACHMENT A. Funds will be transferred to the Party of the Second Part upon receipt of quarterly billings. The Party of the Second Part shall spend the funds according to the specified categories of the contract budget. Minor shifts of the funds among categories not to exceed 10 percent may be permitted by the Party of the First Part, but in no case can the total expenditures exceed the amount provided by this contract. Shifts of funds among budget categories exceeding 10 percent must be approved in writing by the Party of The First Part. (4) ASSISTANCE: The Party of the First Part agrees upon request of the Party of the Second Part to furnish, or otherwise make available to the Party of the Second Part, copies of existing non-proprietary materials in the possession of the Party of the First Part that are reasonably related to the subject matter of this agreement and are necessary to the Party of the Second Part for completion of his performance under this agreement. (5) GENERAL PROVISIONS: Page 1 Nothing in this agreement shall be construed as authority for either party to make commitments which will bind the other party beyond the Scope of Service contained herein. Furthermore, the Party of the Second Part shall not assign, sublet or subcontract any work related to this agreement or any interest it may have herein without the prior written consent of the Party of the First Part. This contract is subject to appropriations by the Virginia General Assembly. (6) INTEGRATION AND MODIFICATION: This contract constitutes the entire agreement between the Party of the Second Part and the Party of the First Part. No alteration, amendment or modification in the provisions of this agreemen.t shall be effective unless it is reduced to writing, signed by the parties and attached hereto. (7) TERMINATION: The Party of the First Part may terminate this agreement for its convenience upon 60 days written notice to the other party. The Party of the Second Part shall be paid for no service rendered or expense incurred after receipt of such notice except such fees and expenses incurred prior to the effective date of termination that are necessary for curtailment of its/his work under this agreement. In the event of breach by the Party of the Second Part of this agreement, the Party of the First Part shall have the right immediately to rescind, revoke or terminate the agreement. In the alternative the Party of the First Part may give written notice to the Party of the Second Part specifYing the manner iri which the Agreement has been breached. If a notice of breach is given and the Party of the Second Part has not substantially corrected the breach within the sixty (60) days of receipt of the written notice, the Party of the First Part shall have the right to terminate this Agreement. In the event of rescission, revocation or termination, all documents and other materials related to the performance of this Agreement shall become the property of the Department of Forestry. (8) COLLATERAL CONTRACTS: Where there exists any inconsistency between this Agreement and other provisions of collateral contractual agreements which are made a part of this Agreement by reference or otherwise, the provisions of this Agreement shall control. (9) ANTI-DISCRIMINATION: During the performance of this contract, the Party of the Second Part agrees as follows; The Party of the Second Part will not discriminate against any employee or applicant for employment because of race, religion, color, sex, or national origin, except where religion, sex, or national origin is a bona fide occupational qualification reasonable necessary to the normal operation of the Party of the Second Part. The Party .of the Second Part agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause. The Party of the Second Part, in all solicitations or advertisement for employees placed by or on behalf of the Party of the Second Part, will state that such Party of the Second Part is an equal opportunity employer. Notices, advertisements and solicitations in accordance with federal law, rules or regulations shall be deemed sufficient for the purpose of meeting the requirements of the Section. The Party of the Second Part will include the above provisions in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. Page 2 (10) APPLICATIONS: This agreement shall be governed in all respects, whether as to validity, construction, capacity, performance or otherwise, by the laws of the Commonwealth of Virginia. (11) SEVERABILITY: Each paragraph and provision of the Agreement is severable from the entire Agreement; and if any provision is declared invalid, the remaining provisions shall nevertheless remain in effect. (12) CONTINGENT FEE WARRANTY: . ,--,' The Party of the Second Part warrants that he/it has not employed or retained any person or persons for the purpose of soliciting or securing this Agreement. The Party of the Second Part further warrants that he/it has not paid or agreed to pay any company or person any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon the award or making of this Agreement. For breach of one or both of the foregoing warranties, the Agency shall have the right to terminate this agreement without liability, or, in its discretion or otherwise recover, the full amount of said prohibition fee, commission, percentage, brokerage fee, gift or contingent fee. (13) CONFLICT OF INTEREST: The Party of. the Second Part warrants that he has fully complied with the Virginia Conflict ofInterestAct. (14) FINANCIAL RECORDS AVAILABILITY: The Party of the Second Part agrees to retain all books, records and other documents relative to this Agreement for five (5) years after final payment, or until audited by the Commonwealth of Virginia, whichever is later. The Party of the First Part, its authorized agents and/or State auditors shall have full access to and the right to examine any of said materials during said period. Source documentation such as canceled checks (include copies of both front and back), paid bills, payrolls, time and attendance record (itemizing time spent on U&CF Assistance grantproject), contracts, etc. will be submitted with the "Request for Funds." Invoices will be marked "PAID" and referenced as to how payment was made (i.e. check number). The Party of the Second Part agrees to comply with the following Federal cost and administrative regulations as applicable: Non-Profit Orl!anizations Cost Principles, OMB CIR A-122 Admin. Regulations, OMB CIR A-II0 Audits, OMB CIR-A 133 State and Local Governments Universities Cost Principles, OMB CIR A-87 Admin, Regulations, OMB CIR A-I02 (rev.) Audits, OMB CIR A-133 Cost Principles, OMB CIR A-21 Admin. Regulations, OMB CIR A-II0 Audits, OMB CIR A-133 Page 3 (15) QUARTERLY REPORTS: The Party of the Second Part agrees to provide the Party of the First Part performance reports on all activities identified in the proposals as they occur. The performance reports will contain a summary of progress and activities for each activity within the proposal; indicate any problems and solutions in meeting requirements, and provide financial funds expenditure information for reimbursement as appropriate. The quarterly report form has information relating to writing to your federal congress person about the benefits of the U&CF program to your community / organization. The schedule for submittal of the periodic performance reports shall be as follows: PERIOD COVERED June 1,201 0 ~ August 30, 2010 September 1, 2Mo December 31. 2010 January 1, 2011 -- March 31,2011 April 1. 2011- June 15,2011 SUBMITTAL DATE September 15, 2010 Janumy 15,2011 April 15, 2011 June 30, 2011 In witness whereof the parties have caused this agreement to be executed by the following duly authorized officials: PARTY OF THE SECOND PART PARTY OF THE FIRST PART This contract has been reviewed by the staff of the Party, of the First Part. Its substantive terms are appropriate, and sufficient funds have been obligated for its performance. BY: BY: TITLE: City Manager TITLE: Urban and Community Forestry Partnership Coordinator AGENCY: City of Roanoke, Virginia AGENCY: Virginia Department of Forestry DATE: DATE: Page 4 ',,- ATTACHMENT A PAYMENT PROCESS The funds awarded under the grant are available on a reimbursement basis after verification of match and in accordance with a payment schedule agreed to in advance. Grantees must file a request for payment and send records of expenditures along with documented costs to the Virginia Department of Forestry. The UCF Program Administrator will evaluate the progress of the project to determine eligibility for full funding. Grantees may request reimbursement as frequently as needed (within reason); or at least quarterly if there are qualifying expenditures. FEDERAL AND STATE REGULATIONS Grantees must comply with all Federal regulations pertaining to Federal grants. Grantees are referred to OMB Circulars A-I 02 and A-II 0 which are the uniform administration requirements. Grantees are also referred to Section 3015,3016, and 3017 of the Code of Federal Regulations and to cost principles outlined in OMB Circulars A-21, A-87, and A-122. Copies of these documents may be obtained from the Virginia Department of Forestry UCF Program Administrator upon request. Grantees must certify that they are not debarred from this grant program. Grantees should not conduct business with individuals or organizations debarred from Federal grant projects. Applicants must document project approval by the authorized representative of the local governing body, organization or institution applying for the grant. State and local government agencies must adhere to guidelines of the "Agency Procurement Manual" (January 1990) as required in Section 2.1-442 of the Code of Virginia. RECORD KEEPING REQUIREMENTS Records will be maintained according to all Federal regulations. The financial management system of the grantees shall meet the following standards: . Records shall comply with generally accepted accounting principles. . Records will document allowable costs. . Records will be supported by source documentation, such as canceled checks, paid bills, payrolls, time and attendance records, contracts, etc. Invoices must be marked paid and be referenced as to how payment was made (i.e., check number). Records will be maintained for three years following final payment Page 5 MB Approva o. - APPLICATION FOR 2. DATE SUBMITTED Applicant Identifier PROPOSAL # FEDERAL ASSISTANCE 1. TYPE OF SUBMISSION: 3. DATE RECEIVED BY State Application Identifier Application Pre-application STATE 10UCF15 Construction Construction~ 4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier x Non-Construction x Non-Construction 5. Legal Name: City of Roanoke, Virginia Organizational Unit: Address (give city, county, state, and zip code) Name and telephone number of the person to be contacted on matters 215 Church Avenue, Roanoke, VA 24011 involving this application (give area code) Dan Henry, 540-853-1994 EMPLOYER IDENTIFICATION NUMBER (EIN): 7. TYPE OF APPLICANT: ~ (enter appropriate letter in box) I 5 I 4 I - 6 I o I 0 I 1 I 5 I 6 9 I A. State H. Independent School Dist. B. County I. State Controlled Inst.of Higher Learning 8. TYPE.oF APPLICATION: r C. Municipal J. Private University [K] New D Continuation D Revision D. Township K. Indian Tribe E. Interstate L. Individual If Revision, enter appropriate letter(s) in box(es): D D F. Intermunicipal M. Profit Organization G. Special District N. Other (Specify): A. Increase Award B. Decrease Award C. Increase Duration D. Decrease Duration Other (specify): 9. NAME OF FEDERAL AGENCY: USDA Forest Service 10. CATALOG OF FEDERAL 1 1 0 I- 6 I 6 I 4 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: DOMESTIC ASSISTANCE NO. TITLE: Cooperative Forestry Tree Stewards Training and Projects 12. AREAS AFFECTED BY PROJECT (cities, counties, states, etc.) City of Roanoke, Virginia 13. PROPOSED 14. CONGRESSIONAL DISTRICTS OF: PROJECT: Start Date I Ending Date . a. Applicant 6 I b. Project: 6 June 1, 2010 June 15,2011 15. ESTIMATED FUNDING: 16. ISAPPUCA1UII SlJ3.ECT1OREVEWBYSTAlEEXEaJTlIIE <::RI)ffi 12372PROCESS? a. Federal $ 12,356 .00 a YES. THIS FREAPPl..JCATICN'AFfll..CI\llONW/>S MADEAVAlLAElElOlHE b. Applicant $ 1,577 .00 STAlE EXECUTTvE (HER 12372 PRCX::ESS FffifB/IEW()\J: c. State $ .00 DATE d. Local $ .00 b. NO. [Z] PRJGRAM IS I'OTCO\tERED BYEO.1Z312 e. Other $ 12,150 .00 f. Program Income $ .00 D CRPRJGRAM I-V\S [\()TBEENS8..EC1ED BYSTAlE FffifB/IEW g. TOTAL $ 26,083 .00 17. IS THE APPLlCANTDELlNQUENT ON ANY FEDERAL DEBT? DYes If "Yes," attached an explanation [Z] No 18. 10 lHE EEST CF MY KNOM..8JGE AND BEl..EF, ALL DATA N lHIS APPUCA'TlClIMPREAPPI.1UII ARE lRUE AND CffiRECT. lHE lXXlJNENT HAS BEEN DU..Y Al..ITHCRIZED BYll-E ~GBOOYCFll-EAPPUCANT ANDlHEAPPUCANTVIIIl..ccM>l. YIMTHlHEAlTAQEDASSlRI\NCESFll-EASSISTANCEISAWAArED. a. Typed Name of Authorized Representative: I b. Title: City Manager c. Telephone Number: 540-853-2333 Christopher P. Morrill d. Signature of Authorized Representative: e. Date Signed: Previous Editions Not Usable o I N 0348 0043 Standard Form 424 (REV 7-97) Prescribed by OMB Circular A-102 Authorized for Local Reproduction OMB Approval No. 0348-0040 ASSURANCES -- NON-CONSTRUCTION PROGRAMS Note: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the. awarding agency. Further, certain Federal awarding 'agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the dulv authorized representative of the applicant I certify that the applicant: (e) the Drug Abuse Office and Treatment Act of 1972 1. Has the legal authority to apply for Federal assistance, (P.L. 92-255), as amended, relating to nondiscrimination and the institutional, managerial and financial capability on the basis of drug abuse; (t) the Comprehensive (including funds sufficient to pay the non-Federal share Alcohol Abuse and Alcoholism Prevention, Treatment of project costs) to ensure proper planning, management. and Rehabilitation Act of 1970 (P.L. 91-616), as and completion of the project described in this amended, relating to nondiscrimination on the basis of application. alcohol abuse or alcoholism; (g) ** 523 and 527 of the Public Health Service Act of 1912 (42 U.S.c. 290-dd-3 2. Will give the awarding agency, the Comptroller General and 290 ee-3), as amended, relating to confidentiality of of the United States, and if appropriate, the State, alcohol and drug abuse patient records; (h) Title VIII of through any authorized representative, access to and the the Civil Rights Act of 1968 (42 U.S.C. * 3601 et seq.), right to examine all records, books, papers, or documents as amended, relating to nondiscrimination in the sale, related to the award; and will establish a proper rental or financing of housing; (I) any other accounting system in accordance with generally accepted nondiscrimination provisions in the specific statute(s) accounting standards or agency directives. under which application for Federal assistance is being made; and U) the requirements of any other 3. Will establish safeguards to prohibit employees from nondiscrimination statute(s) which may apply to the using their positions for a purpose that constitutes or application. presents the appearance of personal or organizational conflict of interest, or personal gain. 7. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform 4. Will initiate and complete the work within the applicable Relocation Assistance and Real Property Acquisition time frame after receipt of approval of the awarding Policies Act of 1970 (P.L. 961-646) which provide for agency. fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or 5. Will comply with the Intergovernmental Personnel Act federally assisted programs. These requirements apply of 1970 (42 U.S.C. ** 4728-4763) relating to prescribed to all interests in real property acquired for project standards for merit systems for programs funded under purposes regardless of Federal participation in one of the nineteen statutes or regulations specified in purchases. Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 8. Will comply with the provisions of the Health Act (5 U.S.C. ** 1501-1508 and 7324-7328) which limit the 6. Will comply with all Federal statutes relating to political activities of employees whose principal nondiscrimination. These include but are not limited to: employment activities are funded in whole or in part (a)Title VI of the Civil Rights Act of 1964 (P.L. 88-352) with State funds. which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education. 9. Will comply, as applicable, with the provisions of the Amendments of 1972, as amended (20 U.S.C. ** 1681- Davis-Bacon Act (40 U.S.C. ** 276a to 276a-7), the 1683, and 1685-1686), which prohibits discrimination on Copeland Act (40 U.S.C. * 276c and 18 U.S.C. ** 874), the basis of sex; (c) Section 504 of the Rehabilitation Act and the Contract Work Hours and Safety Standards Act of 1973, as amended (29 U.S.C. * 794), which prohibits (40 U.S.C. ** 327-333), regarding labor standards for discrimination on the basis of handicaps; (d) the Age federally assisted construction subagreements. Discrimination Act of 1975, as amended (42 U.S.C. ** 6101-6107), which prohibits discrimination on the basis 10. Will '. comply, if applicable, with flood insurance of age; purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which Standard Form 424B (7-97) Prescribed by OMB Circular A-102 Authorized for Local Reproduction requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition of $10,000 or more. 11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91- 190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.c. ** 1451 et seq.); (f) conformity of Federal actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clear Air Act of 1955, as amended (42 U.S.c. * 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended, (P.L. 93-205). (identification and protection of historic properties), and the Archeological and Historic Preservation Act of 1974 (16 U.S.c. 469a-l et seq.). 14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. ** 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 16. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. ** 4801 et seq.) which prohibits the use of lead based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act of 1984. 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations and policies governing this program. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL I TITLE City Manager APPLICANT ORGANIZATION DATE SUBMITTED City of Roanoke, Virginia SF 424B (7-97) Back U.S. DEPARTMENT OF AGRICULTURE Certification Regarding Debarment, Suspension, and Ineligibility And Voluntary Exclusion - Lower Tier Covered Transactions This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 7 CFR Part 3017, Section 3017.510, Participants' responsibilities. The regulations were published as Part IV of the January 30, 1989, Federal Register (pages 4722-4733). Copies of the regulations may be obtained by contacting the Department of Agriculture agency with which this transaction originated. (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE) (I) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency (2) Where the prospective lower tier participant is unable to certify to any of the statements III this certification, such prospective participant shall attach an explanation to this proposal. City of Roanoke, Virginia Organization Name lOUCF15 PRlAward Number of Project Name Christopher P. Morrill, City Manager Name and Title of Authorized Representative Signature Date Form AD-I048 (2/89) Substitute Form W.9 VIRGINIA DEPARTMENT OF FORESTRY 12/01/2000 (Nov.1990) fsubw9po.dot REQUEST FOR TAXPAYER IDENTIFICATION NUMBER(S) AND CERTIFICATION RETURN THIS FORM TO THE REQUESTER WITHIN 30 DAYS - FAILURE TO RETURN MAY RESULT IN 31% BACKUP WITHHOLDING Each person or organization doing business with the Commonwealth of Virginia must provide the following information. ORGANIZATION ENTITY: (CHECK ONLY ONE) D INDIVIDUAL D NON.PROFIT ORGANIZATION D SOLE PROPRIETOR D FEDERAL AGENCY D PARTNERSHIP D STATE AGENCY D CORPORATION [gJ LOCAL GOVERNMENT D TRUST D POLITICAL SUBDIVISION D ESTATE D OTHER SOCIAL SECURITY NUMBER And I Or EMPLOYER IDENTIFICATION NUMBER 54.6001569 ENTER THE FOllOWING: LEGAL NAME (MUST MATCH THE SOCIAL SECURITY NUMBER, IF APPLICABLE) TRADE NAME City of Roanoke, Virginia (MUST MATCH THE EMPLOYER IDENTIFICATION NUMBER, IF APPLICABLE) MAILING ADDRESS 215 Church Avenue Roanoke, VA 24011 CONTACT PERSON Dan Henry TELEPHONE NUMBER 540.853.1994 PLEASE ANSWER THE FOllOWING QUESTIONS: IS YOUR ORGANIZATION (ASSOCIATION, CLUB, RELIGIOUS, CHARITABLE, EDUCATIONAL, OR OTHER GROUP) TAX EXEMPT UNDER IRS CODE SECTION 501(A)? ARE YOU A REAL ESTATE AGENT? DYES [8] NO DYES [8] NO CERTIFICATION: UNDER PENALTIES OF PERJURY, I CERTIFY THAT: (1) The number(s) shown on this form is my correct taxpayer identification number(s) (or I am waiting for a number to be issued to me), and (2) I am not subject to backup withholding either because I have not been notified that I am subject to backup withholding as a result of failure to report all interest or dividends, or the Internal Revenue Service has notified me that J am no longer subject to backup withholding. [You must cross out item (2) above if you have been notified by IRS that you are currently subject to backup withholding because of underreporting interest or dividends on your tax return. (see Signing the Certification under Specific Instructions on the Form W.9 Instructions which follow.) ] SIGNATURE DATE Return this form to Virginia Department of Forestry 900 Natural Resources Drive, Suite 800, Charlottesville, VA 22903 E-7 Grant Number 10UCF15 Legislative Information As part of our continuing process to inform legislators about the fantastic projects being accomplished in Virginia we need the information below. Please list the Virginia State Senators, Representatives, and US Congressmen and their corresponding District numbers within all Districts affected by your grant. http://www.visi.comliuanl congress/index.html State Representatives " District Number Delegate William H. Cleaveland 17 Delegate Onzlee Ware 11 State Senators District Number Senator John S. Edwards 21 US Senators Senator Jim Webb Senator Mark Warner US Congressman . District Number Representative Bob Goodlatte 6 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of July,;Z010~ No. 38889-071910.. A RESOLUTION authorizing the acceptance of a Summer Food Program Grant from the United States Department of Agriculture, Food and Nutrition Service, and authorizing execution j of any required documentation on behalf of the City. BE IT RESOLVED by the Councilofthe City of Roanoke that: 1. The City Manager is hereby authorized on behalf of the City to accept from the United States Department of Agriculture, Food and Nutrition Service, a Summer Food Program Grant in the amount of $190,857, such funding to be used to cover the expense of providing for the nutritional needs of children and youth during the summer months through the City's Parks and Recreation supervised Summer Nutrition Program, all of which is more particularly described in the City Manager's letter dated July 19,2010, to City Council. 2. The City Manager and the City Clerk are hereby authorized to execute and attest, respectively, for and on behalf of the City, any and all requisite documents pertaining to the City's acceptance of the grant, such documents to be approved as to form by the City Attorney, and 'to furnish such additional information as may be required by the United States Department of Agriculture, Food and Nutrition Service, in connection with the grant. ATTEST: ~rn'h]~ City Clerk. . R-Summer Food Program-2011.doc ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of July, 2010. No. 38890-071910. AN ORDINANCE to appropriate funding from the Federal government for the Summer Food Program, amending and reordaining certc;3in sections of the 2010-2011 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 certain sections of the 2010-2011 Grant Fund Appropriations be, and the. same are hereby, amended and reordained to read and provide as follows: Appropriations Program Activities Revenues Summer Food Program FY11 35-620-5270-2066 $ 190,857 35-620-5270-5270 190,857 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.h16lMJ City Clerk. .. . I ". 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 July 19, 2010 Honorable David A. Bowers, Mayor Honorable David B. Trinkle, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable Raphael E. Ferris, Council Member Honorable Sherman P. Lea, Council Member Honorable AnitaJ. Price, Council Member Honorable Court G. Rosen, Council Member Dear Mayor Bowers and Members of City Council: Subject: Summer Food Program Background: The City of Roanoke continues to provide for the nutritional needs of children and youth during the summer months through Parks and Recreation supervised Summer Nutrition Program. Breakfast and lunch are provided to children throughout Roanoke from mid-June through early August. More than 30,000 meals will be served this summer. Federal funds, up to $190,857, have been awarded to the City by a grant from the United States Department of Agriculture, Food and Nutrition Service. The City is reimbursed on a per meal basis for meals actually served. Considerations: The Summer Food Program is partially funded through the United States Department of Agriculture, Food and Nutrition Service. The program is similar in concept to the National School Lunch Program with eligibility requirements much like those used to determine eligibility for free or reduced priced meals during the school year. The purpose is to provide nutritionally balanced, healthy meals to children, ages one through eighteen, and those with special needs. Adult summer staff manages the program and youth are hired to assist at the food service sites. Honorable Mayor and Members of City Council July 19, 2010 Page 2 Recommended Action(s): Accept the Summer Food Program grant in the amount of $190,857 and authorize the City Manager and City Clerk to execute and attest, respectively, an agreement with the United States Department of Agriculture, Food and Nutrition Services and any other forms necessary to accept such grant, such agreement and forms to be approved as to form by the City Attorney. Adopt the accompanying budget ordinance to establish a revenue estimate in the amount of $190,857 and appropriate funding totaling $190,857 into expenditure accounts to be established by the Director of Finance in the Grant Fund. Christopher P. Morrill City Manager CPM:MDC 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 CM10-00138 Attachment 1 Budget Breakdown 1004 Temporary Wages 14,850 1120 FICA 1,136 2066 Program Activities 190,857 TOTAL 206,843 Summer Nutritional Sites Apple Ridge Farms, Copper Hill (off-site center) Blue Ridge Behavior Center - Addison Blue Ridge Behavior Center - Morningside Bluestone Boys and Girls Club Dominion Day Services - Westside Dominion Day Services - Williamson Road Dominion Day Services - Woodrow Wilson Dumas Eureka Recreation Center Haven of Hope Hunt Manor Indian Rock Village Jamestown Place Lansdowne Park Minnick Education Center Preston Recreation Center Rainbow Christian - Site 1 Rainbow Christian - Site 2 r Salvation Army ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of July, 2010. No. 38891-071910. A RESOLUTION accepting the Rescue Squad Assistance Fund (RSAF) grant made to the City by the Virginia Department of Health, Office of Emergency Medical Services, and authorizing execution 0 f any required do cumentation on behalf 0 f the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the Rescue Squad Assistance Fund (RSAF) grant made to the City by the Virginia Department of Health, Office of Emergency Medical Services, in the amount of $59,324, with a local match of $59,324, making a total funding of $118,648, to be used to purchase a new Chevrolet ambulance, as more particularly described in the letter of the City Manager to Council, dated July 19, 2010. 2. The City Manager is hereby authorized to execute and file, on behalf of the City, any necessary documents to accept the grant, in.a form approved 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: ~'\YI. h10lhV City Clerk. \ ) f IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of July, 2010. No. 38892-071910. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Rescue Squad Assistance Fund (RSAF) Grant, amending and reordaining certain sections of the 2010-2011 Grant and Fleet Management Funds Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2010-2011 Grant and Fleet Management Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Fleet ManaQement Fund Appropriations Vehicular Equipment Transfer to Grant Fund 17 -440-2642-9010 17 -440-2643-9535 $(59,324 ) 59,324 Grant Fund Appropriations Vehicular Equipment Revenues RSAF Ambulance FY11 - State RSAF Ambulance FY11 - Fleet 35-520-3702-9010 118,648 35-520-3702-3702 35-520-3702-3703 59,324 59,324 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. AT~:{\ .. . A>~ OJ. YYJD~ 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 July 19, 2010 Honorable David A. Bowers, Mayor Honorable David B. Trinkle, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable Raphael E. Ferris, Council Member Honorable Sherman P. Lea, Council Member Honorable Anita]. Price, Council Member Honorable Court G. Rosen, Council Member Dear Mayor Bowers and Members of City Council: Subject: RSAF Grant Acceptance Background: The Virginia Department of Health, Office of Emergency Medical Services administers a Rescue Squad Assistance Fund (RSAF) grant program that is awarded twice annually. Roanoke Fire-EMS applied for this grant in 2010 in order to purchase a new ambulance. In July 2010, the State Office of Emergency Medical Services awarded Roanoke Fire-EMS a grant of $59,324 towards the purchase of a new Chevrolet ambulance. The grant requires a 50% local match of $59,324. Matching funding for this grant is available in account 17-440-2642-9010 (Fleet Management - Vehicular Equipment.) Considerations: City Council action is needed to formally accept and appropriate these funds, and authorize the Director of Finance to establish revenue estimates and appropriations to purchase the equipment and supplies in accordance with provisions of this grant. Honorable Mayor and Members of City Council July 19, 2010 Pag e 2 Recommended Action: . I \ Accept the grant as described above and authorize the City Manager to execute any required grant agreements or documents, such to be approved as to form by the City Attorney. Adopt the accompanying resolution accepting this grant. Adopt the accompanying budget ordinance to establish revenue estimates for State RSAF funding of $59,324 in account 35-540-3702-3702 and local match funding of $59,324 in account 35-520-3702-3703 and to appropriate the total amount of $118,648 in account 35-520-3702-9010. Transfer funding in the amount of $59,324 from account 17-440-2642-9010 to provide the local match funding. ristopher P. Morrill City Manager c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance H. David Hoback, Fire-EMS Chief CM10-0Q137 ~ ~~Q ..(: '. ,'.',',',"">."..' ^'.., ...,., I '\. ,..<'fF,:).;" -, ;,<" ~.,,":; " J(:x>;;:~q,,:' "-, IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of July, 2010. No. 38893-071910. A RESOLUTION supporting and authorizing the City's participation in a regional consortium to apply for and implement a Sustainable Communities Regional Planning Grant, including the provision of in-kind services, and authorizing the City,Manager and City Clerk to execute and attest, respectively, all necessary and appropriate documents in connection with such application. WHEREAS, the Sustainable Communities Regional Planning Grant Program is a program administered by the Department of Housing and Urban Development that provides competitive grants to support preparation of regional plans for sustainable development; WHEREAS, this initiative is compatible with the City's interests and goals related to sustainable development embodied in Vision 2001-2020, the City's Comprehensive Plan; and WHEREAS, a Regional Plan for Sustainable Development will improve the City's ability to advance its housing, neighborhood, environmental, cultural, economic development, infrastructure, public services, human capital, health, and urban design goals. THEREFORE BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the City Council supports the City's participation in an application for a Sustainable Communities Regional Planning Grant, as more fully set forth in the City Manager's report dated July 19, 2010, to this Council. R-Sustainable Communities Grant.doc 2. The City Manager and the City Clerk are hereby authorized to execute and attest, respectively, for and on behalf of the City, any and all requisite documents in connection with such application, such documents to be approved as to form by the City Attorney, and to take any other actions to respond to any inquiries or provide supplemental information. ATTEST: City Clerk hl. fY)OtiV " R-Sustainable Communities Grant.doc J 2 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 July 19, 2010 Honorable David A. Bowers, Mayor Honorable David B. Trinkle, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable Raphael E. Ferris, Council Member Honorable Sherman P. Lea, Council Member Honorable AnitaJ, Price, Council Member Honorable Court G. Rosen, Council Member Dear Mayor Bowers and Members of City Council: Subject: Sustainable Communities Regional Planning Grant Program Background: In the Consolidated Appropriations Act, 2010 (Public Law 111-117), Congress provided $150,000,000 to HUD for a Sustainable Communities Initiative to improve regional planning efforts that integrate housing and transportation decisions, and increase state, regional, and local capacity to incorporate livability, sustainability, and resident and stakeholder participation into land use plans and zoning. Approximately $25,000,000 will be used for competitive grants to support preparation of Regional Plans for Sustainable Development for medium sized metropolitan areas like Roanoke. The minimum grant amount is $200,000 and the maximum is $2,000,000. The Roanoke Valley Allegheny Regional Commission (RVARC) is considering the formation of a regional consortium to apply for this grant, with the RVARC acting as the applicant, and has requested that local governments indicate their intent to participate by July 23, 2010. Grant regulations require that the consortium include the City of Roanoke, a non-profit (such as the Council of Community Services), the Metropolitan Planning Organization and other localities making up 50% or more of the population of the metropolitan area. The grant would be for a three-year period and would engage the consortium members, other stakeholders and the public. A 20% match consisting of it'1-kind"stafftil11e,~r s.~r;yi.ces is required. The plan would likely require the use of a consultant(s). Applicants achieving a specified threshold score will also qualify for Preferred Sustainability Status for sustainable related federal grant programs. Applications must be submitted by August 23, 2010. r Honorable Mayor and Members of City Council July 19, 2010 Page 2 Considerations: If the threshold requirements are met, the RVARC will work with consortium members to develop an application for a regional planning effort to integrate housing, land use, economic and workforce development, transportation, and infrastructure investments in a manner that considers the interdependent challenges of economic competitiveness and revitalization; inclusion and access to opportunity; energy use and climate change; and, public health and environmental impacts. In-kind match would be distributed among the members of the consortium, and the grant application amount will be determined once the number of participants is known and the scope of the application is established by them. The City of Roanoke's Comprehensive Plan, Vision 2001~2020, recognizes that regionalism is paramount to the future of the Roanoke Valley and southwestern Virginia, and HUD has chosen to make six Livability Principles that are consistent with Vision 2001-2020 as central to the program. These principles are: Transportation Choices,' Equitable, Affordable Housing,' Economic Competitiveness,' Support Existing Communities,' Coordinate Policies and Leverage Investment,' and Value Communities and Neighborhoods. . An agreed-upon regional plan to benefit all jurisdictions would be effective in securing additional funding for public projects, attracting new businesses, and influencing state legislation and appropriations. Staff participates in numerous regional planning efforts through the RVARC, and we do not see the commitment of staff resources as requiring additional expenditures by the City. Recommended Action: Approve the attached resolution supporting Roanoke's participation in an application for a Sustainable Communities Regional Planning Grant and authorize the City Manager to execute on behalf of the City all documents related to the application for such designation; all such documents to be approved as to form by the City Attorney. ristopher P. Morrill 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, Planning Building and Development CM 10-00.142 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: cIerk@roanokeva.gov JONATHAN E. CRAFT Deputy City Clerk STEPHANIEM. MOON, CMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk July 20,2010 The Honorable Brenda S. Hamilton Clerk of Circuit Court Roanoke, Virginia Dear Ms. Hamilton: I am enclosing a certified copy of Resolution No. 38894-071910 authorizing the issuance and sale of not to exceed $40 million principal amount of City of Roanoke, Virginia, General Obligation Public Improvement Refunding Bonds; authorizing the sale of such bonds at competitive or negotiated sale; fixing the form, denomination and certain other details of such bonds; delegating to the City . . Manager and the Director of Finance certain powers with respect thereto, including the. power to select the underwriters if such bonds are sold at negotiated sale; authorizing the City to enter into one qr more bond purchase contracts by and between the City and such underwriters relating to such bonds; authorizing the City Manager and the Director of Finance to execute and deliver such bond purchase contracts; authorizing the preparation of a preliminary official statement and an official statement and the delivery thereof to the purchasers of such bonds; authorizing the execution and delivery of a continuing disclosure certificate relating to such bonds; authorizing the City Manager and the Director of Finance to appoint an escrow agent; authorizing the ~xecution and delivery of an escrow deposit agreement by and between the City and such escrow agent relating to the refunded bonds; authorizing the City Manager and the Director of Finance to appoint a verification agent; authorizing the City Manager and the Director of Finance to designate the refunded bonds for redemption; and otherwise proviqing with respect to the issuance, sale and delivery of such bonds and the refunding of the refunded bonds, to refund all or a portion of the Series 2002A, Series 2004B, Series 2006A, Series 2008, and Series 201 OA bonds if net present value saving of three percent or greater of the net present value of the refunded bonds can be achieved. , The Honorable Brenda S. Hamilton July 20,2010 Page 2 Pursuant to Section 12, the City Clerk is hereby directed to file a copy of Resolution No. 38894-071910, certified to be a true copy hereof, with the Circuit Court of the City of Roanoke, all in accordance with Section 15.2-2607 of the Code of Virginia (1950), as amended, (the same being the Public Finance Act of 1991, as amended). The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 19, 2010. Sincerely, 6~n~c'7&W City Clerk Enclosure pc: Donald G. Gurney, Esquire, Hawkins, Delafield & Wood, LLP, One Chase Manhattan Plaza, New York, New York 10005 JoAnne Carter, Managing Director, Public Financial Management, Inc., 4350 N. Fairfax Drive, Suite 580, Arlington, Virginia 22203 Christopher P. Morrill, City Manager William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Sherman M. Stovall, Director, Management and Budget ........-----~ c..<t~-:cu IT COU RT Received & Filed L 2 1 2010 ~ f3J1t. By - . ~ THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA Clerk CITY F ROANOKE RESOLUTION NO. 1RRq4 -071910 C-M.. ItJ - / i A RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF NOT TO EXCEED FORTY' MILLION DOLLARS ($40,000,000) PRINCIPAL AMOUNT OF CITY OF ROANOKE, VIRGINIA, GENERAL OBLIGATION PUBLIC IMPROVEMENT REFUNDING BONDS; AUTHORIZING THE SALE OF SUCH BONDS AT COMPETITIVE OR NEGOTIATED SALE; FIXING THE FORM, DENOMINATION AND CERTAIN OTHER DETAILS OF SUCH BONDS; DELEGATING TO THE CITY MANAGER AND THE DIRECTOR OF FINANCE CERTAIN POWERS WITH RESPECT THERETO, INCLUDING THE POWER TO SELECT THE UNDERWRITERS IF SUCH BONDS ARE SOLD AT NEGOTIATED SALE; AUTHORIZING THE CITY TO ENTER INTO ONE OR MORE BOND PURCHASE CONTRACTS BY AND BETWEEN THE CITY AND SUCH UNDERWRITERS RELATING TO SUCH BONDS; AUTHORIZING THE CITY MANAGER AND THE DIRECTOR OF FINANCE TO EXECUTE AND DELIVER SUCH BOND PURCHASE CONTRACTS; AUTHORIZING THE PREPARATION OF A PRELIMINARY OFFICIAL STATEMENT AND AN OFFICIAL STATEMENT AND THE DELIVERY THEREOF TO THE PURCHASERS OF SUCH BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF A CONTINUING DISCLOSURE CERTIFICATE RELATING TO SUCH BONDS; AUTHORIZING THE CITY MANAGER AND THE DIRECTOR OF FINANCE TO APPOINT AN ESCROW AGENT; AUTHORIZING THE EXECUTION AND DELIVERY OF AN ESCROW DEPOSIT AGREEMENT BY AND BETWEEN THE CITY AND SUCH ESCROW AGENT RELATING TO THE REFUNDED BONDS; AUTHORIZING THE CITY MANAGER AND THE DIRECTOR OF FINANCE TO APPOINT A VERIFICATION AGENT; AUTHORIZING THE CITY MANAGER AND THE DIRECTOR OF FINANCE TO DESIGNATE THE REFUNDED BONDS FOR REDEMPTION; AND OTHERWISE PROVIDING WITH RESPECT TO THE ISSUANCE, SALE AND DELIVERY OF SUCH BONDS AND THE REFUNDING OF THE REFUNDED BONDS BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, AS FOLLOWS: SECTION 1. The Council (the "Council") of the City of Roanoke, Virginia (the "City"), hereby finds and determines as follows: (a) Pursuant to Chapter 26 of Title 15.2 of the Code of Virginia, 1950, as amended (the same being the Public Finance Act of 1991, as amended), and resolutions adopted by this Council, there were authorized to be issued, sold and delivered the City's $44,245,000 principal amount of General Obligation Public Improvement Bonds, Series 2002A, dated February 1, 2002 and maturing in varying amounts on October 1 in each of the years 2002 through 2021, both inclusive (the "Series 2002A Bonds"). 781485.4 034251 RSIND , (b) Pursuant to the Public Finance Act of 1991, and resolutions adopted by this Council, there were authorized to be issued, sold and delivered the City's $46,000,000 principal amount of General Obligation Public Improvement Bonds, Series 2004B, dated November 15, 2004 and maturing in varying amounts on February 1 in each of the years 2006 through 2025, both inclusive (the "Series 2004B Bonds"). (c) Pursuant to the Public Finance Act of 1991, and resolutions adopted by this Council, there were authorized to be issued, sold and delivered the City's $29,555,000 principal amount of General Obligation Public Improvement Bonds, Series 2006A, dated February 8, 2006 and maturing in varying amounts on February 1 in each of the years 20P? through 2026, both inclusive (the "Series 2006A Bonds"). (d) Pursuant to the Public Finance Act of 1991, and resolutions adopted by this Council, there were authorized to be issued, sale and delivered by the City's $45,990,000 principal amount of General Obligation Public Improvement Bonds, Series 2008, dated February 5, 2008 and maturing in varying amounts on February 1 in each of the years 2009 through 2028, both inclusive, and on February 1,2033 (the "Series 2008 Bonds"). (e) Pursuant to the Public Finance Act of 1991, and resolutions adopted by this Council, there were authorized to be issued, sold and delivered -the City's $44,925,000 principal amount of General Obligation Public Improvement and Refunding Bonds, Series 2010A, dated March 11, 2010 and maturing in varying amounts on October 1 in each of the years 2011 through 2029, both inclusive (the "Series 2010A Bonds"). (f) The City has been advised by the City's Financial Advisor that the refunding in advance of their stated maturities of all or a portion of the outstanding Series 2002A Bonds, the outstanding Series 2004B Bonds, the outstanding Series 2006A Bonds, the outstanding Series 2008 Bonds and the outstanding Series 201 OA Bonds and certain maturities of certain other currently outstanding issues of general obligation public improvement bonds of the City may result in annual debt service cost savings to the City, depending upon market conditions, or may enable the City to modify its existing annual debt service structure. (g) The Council desires to authorize the issuance and sale of General Obligation Public Improvement Refunding Bonds of the City to provide for the refunding in advance of their stated maturities and redemption of all or a portion of the outstanding Series 2002A Bonds, the outstanding Series 2004B Bonds, the outstanding Series 2006A Bonds, the outstanding Series 2008 Bonds and the outstanding Series 201 OA Bonds and certain maturities of such other outstanding general obligation public improvement bonds, the refunding of which shall be recommended by the City's Financial Advisor (such bonds to be refunded in advance of their stated maturities being referred to hereinafter as the "Refunded Bonds"). (h) Pursuant to Article 5 of the Public Finance Act of 1991, the City is authorized to issue refunding bonds to refund all or a portion 0 f its outstanding bonds in advance of their stated maturities. (i) In the judgment of this Council, it is necessary and expedient to authorize the issuance and sale of not to exceed Forty Million Dollars ($40,000,000) principal amount of -2- 781485.4 034251 RS1ND General Obligation Public Refunding Improvement Bonds for the purpose of refunding all or a portion of the Refunded Bonds and paying the costs related to the issuance of such General Obligation Public Improvement Refunding Bonds. SECTION 2. (a) Pursuant to the Public Finance Act of 1991, including in particular Title 15.2, Chapter 26, Article 5, Section 15.2-2643 et seq., of the Code of Virginia, 1950, as amended, for the purpose of providing funds to refund the Refunded Bonds in advance of their stated maturities and to pay the costs of issuance of the Bonds (as defined herein), there are hereby authorized to be issued, sold and delivered not to exceed Forty Million Dollars ($40,000,000) principal amount of general obligation refunding bonds of the City which shall be designated and known as "City of Roanoke, Virginia, General Obligation Public Improvement Refunding Bonds" (referred to herein as the "Bonds"). (b) The Bonds shall be issued in their entirety at one time, or from time to time in part in series, as shall be determined by the Director of Finance. There shall be added to the designation of the Bonds a series designation determined by the Director of Finance. The Bonds shall be issued in fully registered form in the denomination of$5,000 each or any integral multiple thereof. The Bonds of a given series shall be numbered from No. R-l upwards in order of issuance. The Bonds shall bear interest from their date payable on such date and semiannually thereafter as shall be determined by the City Manager and the Director of Finance in accordance with the provisions of Section 8 hereof. The Bonds shall be issued in such aggregate principal amount (not exceeding in the aggregate the principal amount specified in Section 2(a) hereof); and shall mature on such dates and in such years (but in no event exceeding forty (40) years from their date or dates), and in the principal amount in each such year, determined by the City Manager and the Director of Finance in accordance with the provisions of Section 8 hereof. Interest on the Bonds shall be calculated on the basis of a three hundred and sixty (360) day year comprised of twelve (12) thirty (30) day months. (c) The Bonds (or portions thereof in installments of $5,000) may be made subject to redemption at the option of the City prior to their stated maturities, in whole or in part from time to time on any date, in such order as may be determined by the City (except that if at any time less than all of the Bonds of a given maturity are called for redemption, the particular Bonds or portions thereof in installments of $5,000 of such maturity to be redeemed shall be selected by lot), upon payment of such redemption prices (expressed as a percentage of the principal amount ofthe Bonds to be redeemed)', together with the interest accrued thereon to the date fixed for the redemption thereof, as shall be determined by the City Manager and the Director of Finance in accordance with the provisions of Section 8 hereof. (d) (i) If any Bond (or any portion of the principal amount thereof in installments of $5,000) shall be called for redemption, notice of the redemption thereof, specifying the date, number and maturity of such Bond, the date and place or places fixed for its redemption, and if less than the entire principal amount of such Bond is to be redeemed, that such Bond must be surrendered in exchange for the principal amount thereof to be redeemed and a new Bond or Bonds issued equalling in principal amount that portion of the principal amount thereof not to be redeemed, shall be mailed not less than thirty (30) days prior to the date fixed for redemption, by first class mail, postage prepaid, to the registered owner thereof at his address as it appears on the books of registry kept by the Registrar as of the close of business on the -3- 781485.4 034251 RS1ND forty- fifth (45th) day next preceding the date fixed for redemption. If notice of the redemption of any Bond shall have been given as aforesaid, and payment of the principal amount of such Bond (or the portion of the principal amount thereof to be redeemed) and of the accrued interest payable upon such redemption shall have been duly made or provided for, interest thereon shall cease to accrue from and after the date so specified for the redemption thereof. (ii) Any notice of the optional redemption of the Bonds may state that it is conditioned upon there being on deposit with the City on the date fixed for the redemption thereof an amount of money sufficient to pay the redemption price of such Bonds, together with the interest accrued thereon to the date fixed for the redemption thereof, and any conditional notice so given may be rescinded at any time before the payment of the redemption price of such Bonds, together with the interest accrued thereon, is due and payable if any such condition so specified is not satisfied. If a redemption of any Bonds does not occur after a conditional notice is given due to there not being on deposit with the City a sufficient amount of money to pay the redemption price of such Bonds, together with the interest accrued thereon to the date fixed. for the redemption thereof, the corresponding notice of redemption shall be deemed to be revoked. (iii) So long as the Bonds are in book-entry only form, any notice of redemption shall be given only to The Depository Trust Company, New York, New York ("DTC"), or to its nominee. The City shall not be responsible for providing any beneficial owner of the Bonds any notice of redemption. SECTION 3. The full faith and credit of the City shall be and is irrevocably pledged to the punctual payment of the principal of and interest on the Bonds as the same become due. In each year while the Bonds, or any of them, are outstanding and unpaid, this Council is authorized and required to levy and collect annually, at the same time and in the same manner as other taxes of the City are assessed, levied and collected, a tax upon all taxable property within the City, over and above all other taxes, authorized or limited by law and without limitation as to rate or amount, sufficient to pay when due the principal of and interest on the Bonds to the extent other funds of the City are not lawfully available and appropriated for such purpose. SECTION 4. (a) The Bonds shall be executed, for and on behalf of the City, by the manual or facsimile signature of the Mayor of the City and shall have a facsimile of the corporate seal of the City imprinted thereon, attested by the manual or facsimile signature of the City Clerk of the City. (b) The Director of Finance is hereby authorized to appoint a Registrar and Paying Agent for the Bonds (the "Registrar"). ( c) The Director of Finance shall direct the Registrar to authenticate the Bonds and no Bond shall be valid or obligatory for any purpose unless and until the certificate of authentication endorsed on each Bond shall have been manually executed by an authorized signator of the Registrar. Upon the authentication of any Bonds the Registrar shall insert in the certificate of authentication the date as of which such Bonds are authenticated as follows: (i) if a Bond is authenticated prior to the first interest payment date, the certificate shall be dated as of the date of the initial issuance and delivery of the Bonds of the series of Bonds of which such -4- 781485.4 034251 RSIND Bond is one, (ii) if a Bond is authenticated upon an interest payment date, the certificate shall be dated as of such interest payment date, (iii) if a Bond is authenticated after the fifteenth (15th) day of the calendar month next preceding an interest payment date and prior to such interest payment date, the certificate shall be dated as of such interest payment date and (iv) in all other instances the certificate shall be dated as of the interest payment date next preceding the date upon which the Bond is authenticated. In the event the dates on which interest is payable on the Bonds of any series are other than the fIrst days of calendar months, the provisions of this Section 4(c) with regard to the authentication of such Bonds and of Section 10 with regard to the form of such Bonds shall be modified as the Director of Finance shall determine to be necessary or appropriate. (d) The execution and authentication of the Bonds in the manner above set forth is adopted as a due and sufficient authentication of the Bonds. SECTION 5. (a) The principal of and interest on the Bonds shall be payable in such coin or currency of the United States of America as at the respective dates of payment thereof is legal tender for public and private debts at the office of the Registrar. Interest on the Bonds shall be payable by check mailed by the Registrar to the registered owners of such Bonds at their respective addresses as such addresses appear on the books of registry kept pursuant to this Section 5; provided, however, that so long as the Bonds are in book-entry form and registered in the name of Cede & Co., as nominee ofDTC, or in the name of such other nominee ofDTC as may be requested by an authorized representative ofDTC, interest on the Bonds shall be paid directly to Cede & Co. or such other nominee ofDTC by wire transfer. (b) At all times during which any Bond of any series remains outstanding and unpaid, the Registrar for such series shall keep or cause to be kept at its office books of registry for the registration, exchange and transfer of Bonds of such series. Upon presentation at its office for such purpose the Registrar, under such reasonable regulations as it may prescribe, shall register, exchange, transfer, or cause to be registered, exchanged or transferred, on the books of registry the Bonds as hereinbefore set forth. (c) The books of registry shall at all times be open for inspection by the City or any duly authorized officer thereof. (d) Any Bond may be exchanged at the office of the Registrar for such series of Bonds for a like aggregate principal amount of such Bonds in other authorized principal sums of the same series, interest rate and maturity. (e) Any Bond of any series may, in accordance with its terms, be transferred upon the books ofregistry by the person in whose name it is registered, in person or by his duly authorized agent, upon surrender of such Bond to the Registrar for cancellation, accompanied by a written instrument of transfer duly executed by the registered owner in person or by his duly authorized attorney, in form satisfactory to the Registrar. (f) All transfers or exchanges pursuant to this Section 5 shall be made without expense to the registered owners of such Bonds, except as otherwise herein provided, and except that the Registrar for such series of Bonds shall require the payment by the registered owner of -5- 781485.4 034251 RSIND the Bond requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. All Bonds surrendered pursuant to this Section 5 shall be cancelled. (g) (i) The Bonds shall be issued in full book-entry form. One Bond representing each maturity of the Bonds will be issued to and registered in the name of Cede & Co., as nominee ofDTC, or such other nominee ofDTC as may be requested by an authorized representative of DTC, as registered owner of the Bonds, and each such Bond will be immobilized in the custody of DTC. DTC will act as securities depository for the Bonds. Individual purchases will be made in book-entry form only, in the principal amount of$5,000 or any integral multiple thereof. Purchasers will not receive physical delivery of certificates representing their interest in the Bonds purchased. (ii) Principal and interest payments on the Bonds will be made by the Registrar to DTC or its nominee, Cede & Co., or such other nominee of DTC as may be requested by an authorized representative of DTC, as registered owner of the Bonds, which will in turn remit such payments to the DTC participants for subsequent disbursal to the beneficial owners of the Bonds. Transfers of principal and interest payments to DTC participants will be the responsibility of DTC. Transfers of such payments to beneficial owners of the Bonds by DTC participants will be the responsibility of such participants and other nominees of such beneficial owners. Transfers of ownership interests in the Bonds will be accomplished by book entries made by DTC and, in turn, by the DTC participants who act on behalf of the indirect participants ofDTC and the beneficial owners of the Bonds. (iii) The City will not be responsible or liable for sending transaction statements or for maintaining, supervising or reviewing records maintained by DTC, its participants or persons acting through such participants or for transmitting payments to, communicating with, notifying, or otherwise dealing with any beneficial owner of the Bonds. SECTION 6. (a) CUSIP identification numbers may be printed on the Bonds, but no such number shall constitute a part of the contract evidenced by the particular Bond upon which it is printed; no liability shall attach to the City or any officer or agent thereof (including any paying agent for the Bonds) by reason of such numbers or any use made thereof (including any use thereof made by the City, any such officer or any such agent) or by reason of any inaccuracy, error or omission with respect thereto or in such use; and any inaccuracy, error or omission with respect to such numbers shall not constitute cause for failure or refusal by a purchaser of any Bonds to accept delivery of and pay for such Bonds. All expenses in connection with the assignment and printing of CUSIP numbers on the Bonds shall be paid by the initial purchasers of the Bonds. (b) A copy of the fmallegal opinion with respect to the Bonds, with the name of the attorney or attorneys rendering the same, together with a certification of the City Clerk, executed by a facsimile signature of that officer, to the effect that such copy is a true and complete copy (except for letterhead and date) of the legal opinion which was dated as of the date of delivery of and payment for the Bonds, may be printed on the Bonds. -6- 7R1485.4 034251 RS1ND , .~ (b) A copy of the final legal opinion with respect to the Bonds, with the name of the attorney or attorneys rendering the same, together with a certification of the City Clerk, executed by a facsimile signature of that officer, to the effect that such copy is a true and complete copy (except for letterhead and date) of the legal opinion which was dated as of the date of delivery of and payment for the Bonds, may be printed on the Bonds. SECTION 7. The City covenants and agrees to comply with the provisions of Sections 103 and 141-150 of the Internal Revenue Code of 1986, as amended, and the applicable Treasury Regulations promulgated thereunder throughout the term of the Bonds. SECTION 8. (a) Pursuant to the authority of and for the purposes specified herein, this Council hereby authorizes the City Manager and the Director of Finance, without further action of this Council, to sell the Bonds in one or more series in accordance with Section 2 at competitive or negotiated sale to the Underwriter, on or before June 30, 2011, at a price not less than ninety-seven percent (97%) of the principal amount of the Bonds, plus accrued interest, if any, from the date of the Bonds to the date of delivery thereof and payment therefor; provided, however, that a series of the Bonds may be sold, whether at competitive or negotiated sale, only if the refunding of the Refunded Bonds will result in net present value savings to the City of not less than three percent (3%), based on the principal amount of the related Refunded Bonds, provided further that no net present value savings shall be required in connection with the sale of a series of the Bonds to be issued for the purpose of modifying the City's existing annual debt service structure. The Bonds shall bear interest at such rates per ..:'.~ annum as shall be approved by the City Manager and the Director of Finance; provided, !;)1 however, in no event shall the true interest rate for the Bonds of any series exceed six percent (6%) and provided further in no event shall the premium payable by the City upon the redemption of the Bonds exceed two percent (2%) of the principal amount thereof. (b) If the Bonds are sold at competitive sale, they may be sold contemporaneously with other bonds of the City under a combined Notice of Sale. If the Bonds are sold at competitive sale, the Director of Finance is hereby authorized to cause to be published and distributed a Notice of Sale of the Refunding Bonds in such form and containing such terms and conditions as the Director of Finance may deem advisab~e, subject to the provisions hereof. In lieu of publishing the full text of the Notice of Sale in accordance with the provisions of the immediately preceding sentence, the Director of Finance is hereby authorized to cause a Summary Notice of Sale in such form as the Director of Finance shall approve to be published in The Bond Buyer on a date selected by the Director of Finance. ( c) If the Bonds are sold at negotiated sale, the City Manager and the Director of Finance are hereby authorized to select the underwriters for the Bonds of each series (the "Underwriters") and to sell the Bonds of each series at a negotiated sale to the Underwriters selected by the City Manager and the Director of Finance, and either or both of the City Manager and the Director of Finance are authorized to execute and deliver to the Underwriters one or more Bond Purchase Contracts relating to the sale of the Bonds by the City to such Underwriters. '1\.', J1 (d) The City Manager and the Director of Finance are hereby authorized to cause to be prepared and deliver to the purchasers of the Bonds a Preliminary Official Statement -7- 781485.4 034251 RSIND (e) The City Manager and the Director of Finance are hereby authorized to execute and deliver to the purchasers of the Bonds a Continuing Disclosure Certificate relating to the Bonds evidencing the City's undertaking to comply with the continuing disclosure requirements of Paragraph (b )(5) of Rule 15c2-12 in such form as shall be approved by the City Manager and the Director of Finance upon advice of counsel (including the City Attorney or Bond Counsel), such approval to be conclusively evidenced by their execution and delivery thereof. (f) All actions and proceedings heretofore' taken by this Council, the City Manager, the Director of Finance and the other officers, employees, agents and attorneys of and for the City in connection with the issuance and sale of the Bonds are hereby ratified and confirmed. , SECTION 9. (a) The City Manager and the Director of Finance are hereby authorized to enter into an Escrow Deposit Agreement in the form customarily entered into by the City in connection with advance refunding transactions providing for the redemption of the Refunded Bonds (the "Escrow Deposit Agreement") and to appoint an Escrow Agent to serve under the Escrow Deposit Agreement. The City Manager and the Director of Finance are hereby authorized to appoint a verification agent to verify the mathematical accuracy of computations relating to the Bonds and the Refunded Bonds. (b) The City Manager and the Director of Finance, or either of them, are hereby authorized to execute, on behalf 0 f the City, subscriptions or purchase agreements. for the securities to be purchased by the Escrow Agent from moneys deposited in the Escrow Deposit Fund created and established under the Escrow Deposit Agreement. Such securities so purchased shall be held by the Escrow Agent under and in accordance with the provisions of the Escrow Deposit Agreement. The City Manager and the Director of Finance, or either of them, are hereby authorized to sell any securities held by the Escrow Agent under and in accordance with the provisions of the Escrow Deposit Agreement and to purchase securities in lieu of and in substitution therefor. (c) Subject to the sale and receipt of the proceeds' of the Bonds, the City Manager and the Director of Finance are hereby authorized to designate the Refunded Bonds for redemption on such date or dates as they shall determine and are hereby further authorized to direct the Escrow Agent to cause notices of the redemption of the Refunded Bonds on such date or dates to be given in accordance with the provisions of the proceedings authorizing the issuance 0 f the Refunded Bonds. SECTION 10. The Bonds, the certificate of authentication of the Registrar, and the assignment endorsed on the Bonds, shall be substantially in the forms set forth in Exhibit A attached hereto. SECTION II. It is contemplated that the Bonds may be sold contemporaneously with a series of "Recovery Zone Facility Bonds" for the Market Building Renovation Project authorized for issuance and sale under Resolution No. 38865-062110 adopted by this Council on June 21, 2010. Supplementing Section 6( e) of Resolution No. 38865- 062110, this Council hereby finds and determines as follows: (i) the American Recovery and -8- 781485.4 034251 RS1ND Reinvestment Act of 2009 ("ARRA") authorizes the issuance of Recovery Zone Facility Bonds ("RZFBs"), in such amounts as may be allocated in their specified localities, which may be used tor the private development of new projects that are cOlistructed, reconstructed, renovated or acquired in an area that has been designed as a "recovery zone", after such zones have been designated, (ii) an allocation of RZFBs under the provisions of the ARRA has been made to the City by the Commonwealth of Virginia for use in the City within a designated Recovery Zone and (iii) the City may designate a Recovery Zone "in any reasonable manner as it shall determine in good faith in its discretion" as long as such area, among other possible criteria, is found to be an area of "general distress". Based on the foregoing findings and determinations, this Council hereby finds that the site occupied by the Market Building at 32 Market Square in the City is an area of "general distress" within the meaping of the ARRA and hereby designates such area as a Recovery Zone, as that term is defined in the ARRA. SECTION 12. The City Clerk is hereby directed to file a copy of this Resolution, certified by such City Clerk to be a true copy hereof, with the Circuit Court of the City of Roanoke, Virginia, all in accordance with Section 15.2-2607 of the Code of Virginia, 1950, as amended (the same being the Public Finance Act of 1991, as amended). SECTION 13. All ordinances, resolutions and proceedings in conflict herewith are, to the extent of such conflict, repealed. ATTEST: A~'m~~ -9- n 1485.4 034251 RSIN D EXHIBIT A UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF ROANOKE GENERAL OBLIGATION PUBLIC IMPROVEMENT REFUNDING BOND SERIES No. R- $ MATURITY DATE: INTEREST RATE: DA TE OF BOND: CUSIP NO: REGISTERED OWNER: PRINCIPAL SUM: DOLLARS KNOW ALL MEN BY THESE PRESENTS, that the City of Roanoke, in the Commonwealth of Virginia (the "City"), for value received, acknowledges itself indebted and hereby promises to pay to the Registered Owner (named above), or registered assigns, on the Maturity Date (specified above) (unless this Bond shall be subject to prior redemption and shall have been duly called for previous redemption and payment of the redemption price duly made or provided for), the Principal Sum (specified above), and to pay interest on such Principal Sum on and semiannually on each and thereafter (each such date is hereinafter referred to as an "interest payment date"), from the date hereof or from the interest payment date next preceding the date of authentication hereof to which interest shall have been paid, unless such date of authentication is an interest payment date, in which case from such interest payment date, or unless such date of authentication is within the period from the sixteenth (16th) day to the last day of the calendar month next preceding the following interest payment date, in which case from such following interest payment date, such interest to be paid until the maturity or redemption hereofat the Interest Rate (specified above) per annum, by check mailed by the Paying Agent hereinafter mentioned to the Registered Owner in whose name this Bond is registered upon the books of registry, as of the close of business on the fifteenth (15th) day (whether or not a business day) of the calendar month next preceding each interest payment date; provided, however, that so long as this Bond is in book-entry only form and registered in the name of Cede & Co., as nominee of The Depository Trust Company ("DTC"), or in the name of such other nominee of DTC as may be requested by an authorized representative of DTC, interest on this Bond shall be paid directly to Cede & Co. or such other nominee of DTC by wire transfer. Interest on this Bond shall be calculated on the basis of a three hundred and sixty (360) day year comprised. of twelve (12) thirty (30) day months. office of City of The principal of this Bond is payable on presentation and surrender hereof at the , as the Registrar and Paying Agent, in the Principal of and interest on this Bond are payable in any A-I 781485.4 03425] RSIND coin or currency of the United States of America which, on the respective dates of payment thereof, shall be legal tender for public and private debts. This Bond is one of a series of Bonds oflike date, denomination and tenor except as to number, interest rate and maturity, and is issued for the purpose of providing funds to refund in advance of their stated maturities certain general obligation public improvement bonds heretofore issued by the City to pay the costs of public improvement projects of and for the City. This Bond is issued under and pursuant to and in full compliance with the Constitution and statutes of the Commonwealth of Virginia, including Chapter 26 of Title 15.2 of the Code of Virginia, 1950, as amended (the same being the Public Finance Act of1991, as amended), and a resolution and other proceedings of the Council of the City duly adopted and taken under the Public Finance Act of 1991. ( The Bonds of the series of which this Bond is one (or portions thereof in installments of$5,000) maturing on and after _, _ are subject to redemption at the option of the City prior to their stated maturities, on or after _, _, in whole or in part from time to time on any date, in such order as may be determined by the City (except that if at any time less than all of the Bonds of a given maturity are called for redemption, the particular Bonds or portions thereof in installments of $5,000 of such maturity to be redeemed shall be selected by lot), upon payment of a redemption price equal to the principal amount of the Bonds to be redeemed, together with the interest accrued thereon to the date fixed for the redemption thereo f. The Bonds of the series of which this Bond is one maturing on are subject to mandatory sinking fund redemption on _, _ and on each - thereafter and to payment at maturity on _, _ in the principal amounts in each year set forth below, in the case of redemption with the particular Bonds or Bonds or portions thereofto be redeemed"to be selected by lot, upon payment of the principal amount of the Bonds to be redeemed, together with the interest accrued on the principal amount to be redeemed to the date fixed for the redemption thereof -'- Year ( ) Principal Amount $ The City, at its option, may credit against such mandatory sinking fund redemption requirement the principal amount of any Bonds maturing on _, _ which have been purchased and cancelled by the City or which have been redeemed and not theretofore applied as a credit against such mandatory sinking fund redemption requirement. If this Bond is redeemable and this Bond (or any portion of the principal amount hereof in installments of$5,OOO) shall be called for redemption, notice of the redemption hereof, specifying the date, number and maturity of this Bond, the date and place or places fixed for its redemption, and if less than the entire principal amount of this Bond is to be redeemed, that this Bond must be surrendered in exchange for the principal amount hereof to be redeemed and a new A-2 781485.4 034251 RSIND " \ Bond or Bonds issued equalling in principal amount that portion of the principal amount hereof not to be redeemed, shall be mailed not less than thirty (30) days prior to the date fixed for redemption, by fIrst class mail, postage prepaid, to the Registered Owner hereof at his address as it appears on the books of registry kept by the Registrar as of the close of business on the forty- fifth (45th) day next preceding the date fixed for redemption. If notice of the redemption of this Bond (or the portion of the principal amount hereof to be redeemed) shall have been given as aforesaid, and payment of the principal amount of this Bond (or the portion of the principal amount hereof to be redeemed) and of the accrued interest payable upon such redemption shall have been duly made or provided for, interest hereon shall cease to accrue from and after the date so specified for the redemption hereof. Any notice of the optional redemptionofthis Bond may state that it is conditioned upon there being on deposit with the City on the date fixed for the redemption hereof an amount of money sufficient to pay the redemption price of this Bond, together with the interest accrued thereon to the date fixed for the redemption hereof, and any conditional notice so given may be rescinded at any time before the payment of the redemption price of this Bond, together w~th the interest accrued thereon, is due and payable if any such condition so specified is not satisfied. If a redemption of this Bond does not occur after a conditional notice is given due to there not being on deposit with the City a sufficient amount of money to pay the redemption price of this Bond, together with the interest accrued thereon to the date fixed for the redemption hereof, the corresponding notice ofredemption shall be deemed to be revoked. Subject to the limitations and upon payment of the charges, ifany, provided in the proceedings authorizing the Bonds of the series of which this Bond is one, this Bond may be exchanged at the offIce of the Registrar for a like aggregate principal amount of Bonds of other authorized principal amounts and of the same series, interest rate and maturity. This Bond is transferable by the' Registered Owner hereof, in person or by his attorney duly authorized in writing, on the books of registry kept. by the Registrar for such purpose at the offIce of the Registrar but only in the manner, subject to the limitations and upon payment of the charges, if any, provided in the proceedings authorizing the Bonds of the series of which this Bond is one, and upon the surrender hereof for cancellation. Upon such transfer a new Bond or Bonds of authorized denominations and of the same aggregate principal amount, series, interest rate and maturity as the Bond surrendered, will be issued to the transferee in exchange herefor. This Bond shall not be valid or obligatory unless the certificate of authentication hereon shall have been manually signed by the Registrar. The full faith and credit of the City are irrevocably pledged to the punctual payment of the principal of and interest on this Bond as the same become due. In each year while this Bond is outstanding and unpaid, the Council of the City is authorized and required to levy and collect annually, at the same time and in the same manner as other taxes of the City are assessed, levied and collected, a tax upon all property within the City, over and above all other taxes, authorized or limited by law and without limitation as to rate or amount, sufficient to pay the principal of and interest on this Bond to the extent other funds of the City are not lawfully available and appropriated for such purpose. A-3 781485.4 034251 RSIND It is certified, recited and declared that all acts, conditions and things required to exist, happen or be performed precedent to and in the issuance of this Bond do exist, have happened and have been performed in due time, form and manner as required by law, and that the amount of this Bond, together with all other indebtedness of the City does not exceed any limitation of indebtedness prescribed by the Constitution or statutes of the Commonwealth of Virginia or the Charter of the City. IN WITNESS WHEREOF, the City has caused this Bond to be executed by the manual or facsimile signature of its Mayor; a facsimile of the corporate seal of the City to be imprinted hereon attested by the manual or facsimile signature of the City Clerk of the City; and this Bond to be dated as of the date first above written. CITY OF ROANOKE, VIRGINIA Mayor [SEAL] Attest: City Clerk CERTIFICATE OF AUTHE~TICATION proceedings. This Bond is one of the Bonds delivered pursuant to the within-mentioned .., ], as Registrar By: Authorized Signator Date of Authentication: A-4 781485.4 034251 RSIND ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sell(s), assign(s) and transfer(s) unto (Please print or type name and address, including postal zip code, of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER TAX IDENTIFYING NUMBER OF TRANSFEREE: the within Bond and all rights thereunder, hereby irrevocably constituting and appomtmg , Attorney, to transfer such Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by a member fIrm of The New York Stock Exchange, Inc. or a commercial bank or trust company. (Signature of Registered Owner) NOTICE: The signature above must correspond with the name of the Registered Owner as it appears on the face of this Bond in every particular, without alteration, enlargement or any change whatsoever. ,:~lBR~.D~~ A-5 781485.4 034251 RS1ND 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 JOHN W. BINGHAM, CPA Assistant Director of Finance ANN H. SHAWVER, CPA Director of Finance ANDREA F. TRENT Assistant Director of Finance July 1 9, 20 1 0 Honorable David A. Bowers, Mayor Honorable David B. Trinkle, Vke-Mayor Honorable William D. Bestpitch, Council Member Honorable Raphael E. Ferris, Council Member Honorable Sherman P. Lea, Council Member Honorable Anitaj. Price, Council Member Honorable Court G. Rosen, Council Member Dear Mayor Bowers and Members of City Council: Su bject: Authorization to Refund and Restructure Bonds . Background: The City's Debt Policy establishes the parameters for issuing debt and managing the debt portfolio. It provides guidance regarding purposes for which debt may be issued, types and amounts of permissible debt and methods of ~ale that may be utilized. The City. may issue refunding bonds to realize net present value savings, eliminate burdensome covenants or provisions in outstanding bond documents, or in the event of financial emergencies or hardships. Restructuring of debt may be done to ensure compliance with the City's debt poli(ies. The City's goal will be to obtain net present value savings, net of issuance costs, of at least three percent of the principal amount of the refunded bonds, however, les.ser savings and restructurings are permitted by the City's debt policies. The City issued $44.245 million of Series 2002A bonds dated February 1, 2002, to fund various projects including education, buildings, economic development and other infrastructure projects. Currently outstanding Series 2002A bonds mature in varying amounts on Oqober 1.in each, of the years 2010 through 2012.--' '.' ..' '" .-,':, The City issued $46 million of Series 2004B bonds dated November 23, 2004, to fund various projects including schools, infrastructure and buildings. Honorable Mayor and Members of City Council July 1 9, 20 1 0 Page 2 Currently outstanding Series 2004B bonds mature in varying amounts in February 1 in each of the years 2011 through 2015 and 2020 through 2025. The City issued $29.555 million of Series 2006A bonds dated February 8,2006, to fund various projects including schools, technology, infrastructure and economic development. Currently outstanding Series 2006A bonds mature in varying amounts on February 1 in each of the years 2011 through 2016, February 1 , 2020 and 2022 through 2026. The City issued $45.99 million of Series 2008 bonds dated February 5, 2008, to fund various projects including school, buildings and infrastructure. Currently outstanding Series 2008 bonds mature in varying amounts on February 1 in each of the years 2011 through 2018, 2022 through 2028, and on February 1, 2'033. The City issued $44.925 million of Series 201 OA bonds dated March 11, 2010, to fund infrastructure. Currently outstanding Series 2010A bonds mature in varying amounts on October 1 in each of the years 2010 through 2029. Considerations: Based upon discussions with the City's financial advisor, Public Financial Management, Inc, the City can improve its compliance with debt ratios in upcoming years by restructuring a modest approximately $2.3 million of the Series 2002A Bonds. This restructuring will delay principal payment on these bonds for five years, resulting in a lower ratio of debt service expenditure to total expenditure. Based upon the fact that the City exceeded this policy limit in FY10 due to contracting expenditures, we believe a minor restructuring would be prudent. Restructuring will provide a greater margin of error associated with potential future budgetary reductions. The City is not currently in the position to reap savings from refunding bonds, but since interest rates fluctuate daily, it is imperative to the success of a refunding that the City act quickly once interest rates enable us to achieve an acceptable level of savings. As such, staff recommend that City Council provide authorization for potential refunding candidates. Refunding bonds will be considered additional debt in the context of the City's debt policy and from rating agencies' perspective only to the extent that a slightly higher level of principal would need to be issued than the amount of bonds being refunded. Additionally, should a refunding take place, to the ~ Honorable Mayor and Members of City Council July 19, 2010 Page 3 extent that debt service on bonds is being provided by the Western Virginia Water Authority (WVWA) or the Roanoke City Public Schools (RCPS), funding for new bonds also would come from the WVWA and RCPS, resulting in debt service savings for those entities as well as for the City. Recommendation: We recommend City Council adopt the accompanying resolution authorizing the City Manager and the Director of Finance to issue not to exceed $40 million principal amount in refunding bonds on or before June 30, 2011. Refunding bonds shall be issued to refund all or a portion of the Series 2002A, Series 2004B, Series 2006A, Series 2008, and Series 201 OA bonds if net present value saving of 3% or greater of the net present value of the refunded bonds can be achieved. Refunding bonds shall also be issued to the extent debt restructuring may be beneficial in ensu ring compliance with the City's debt policy. Sincerely, !QJ6~ Ann H. Shawver Director of Finance AHS:ca c: Christopher P. Morrill, City Manager William M. Hackworth, City Attorney Stephanie M. Moon, City Clerk Sherman M. Stovall, Director of Management and Budget John W. Bingham, Assistant Director of Finance JoAnne Carter, Managing Director, Public Financial Management, Inc. Donald G. Gurney, Hawkins, Delafield and Wood 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: c1erk@roanokeva.gov JONATHAN E. CRAFT Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELlA T. WEBB Assistant Deputy City Clerk Cindy H. Poulton, Clerk Roanoke City School Board P. O. Box 13145 Roanoke, Virginia 24031 Dear Ms. Poulton: I am enclosing copy of Resolution No. 38895-071910 authorizing the School Board to renew a loan agreement with Wells Fargo, National Association, ifor the purpose of renewing the $10,000.00 line of credit with Wells Fargo Bank, National Association, entered into by the School Board, as authorized by City Council's Resolution No. 38153-070708, and to extend the renewal through July 8, 2011. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 19, 2010. JitJ~'m1 O/J'n) Stephanie M. Moon, CMC ~ City Clerk Enclosure pc: Dr. Rita D. Bishop, Superintendent, Roanoke City Public Schools Christopher P. Morrill, City Manager William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Sherman M. Stovall, Director, Management 04J IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA c'The 19th day of July, 2010. No. 38895-071910. ( A RESOLUTION authorizing the School Board to renew a loan agreement with Wells Fargo . Bank, National Association, for the purpose ofrenewing the $10,000,000 line of credit with Wells Fargo Bank, National Association, entered into by the School Board, as authorized by City Council's Resolution No. 38153-070708, and to extend the renewal through July 8,2011. WHEREAS, the School Board has managed its own financial system separate and apart from the City of Roanoke since July 1, 2008; WHEREAS, as a consequence ofmanaging its own financial system the School Board needs to maintain its own bank accounts; and WHEREAS, a line of credit has helped to ensure that the School Board does not overdraft any of its accounts. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: I. The School Board is hereby authorized to renew a loan agreement with Wachovia Bank, National Association, in accordance with Virginia Code g22.1-110 for the purpose of renewing the $10,000,000 line of credit with Wells Fargo Bank, National Association, entered into by the School Board pursuant to Resolution No. 38153-070708, and to extend the renewal through July 8, 2011, as more particularly described in the letter of the Director of Finance to Council, dated July 19, 2010. Such agreement, as well as any other necessary and appropriate documents, shall be in a form approved by the City Attorney. 1 2. The maximum total amount of the temporary loans that the School Board is authorized to secure is $10,000,000, which amount is less that the maximum amount allowed by Virginia Code ~ 22.1-110. ATTEST: ~m'''7b~ City Clerk. 2 July 19, 2010 The Honorable David Bowers, Mayor and Members of Roanoke City Council Roanoke, VA 24011 Dear Members of Council: As a result of official School Board action on July 13, 2010, the Board respectfully requests City Council take the following action at its upcoming meeting: Approve the Schools' renewal of the $10,000,000 line of credit for overdraft protection with Wachovia Bank/Wells Fargo, National Association. The current line is set to expire and the School Board requests your approval of the line's renewal through July, 2010. A copy of the resolution adopted by the School Board is enclosed. The School Board thanks you for your approval of the line of credit renewal. Sincerely, ~'?b~ Cindy H. ,ulton, Clerk pc: William M. Hackworth Chris Morrill Ann Shawver David B. Carson Rita D. Bishop Curt Baker Margaret Lindsey Yen Ha p: 540-853-2381 f: 540-853-2951 P.O. Box 13145 Roanoke, VA 24031 www.rcps.info rI~ [h~W ROANOKE CITY PUBLIC SCHOOLS Strong Students. Strong Schools. Strong City. School Board David B. Carson Chairman Jason E. Bingham Vice Chairman Mae G. Huff Annette Lewis Suzanne P. Moore Todd A. Putney Lori E. Vaught Dr. Rita D. Bishop Superintendent Cindy H. Poulton Clerk of the Board PRESENTED: ~ \\\)\\0 ~\l\ \Q , '" ADOPTED: RESOLUTION A RESOLUTION AUTHORIZING THE SUPERINTENDENT TO RENEW ITS TEMPORARY LOAN AGREEMENT WITH WACHOVIA BANK, NATIONAL ASSOCIATION FOR THE PURPOSES OF ISSUANCE OF A LINE OF CREDIT FOR OVERDRAFT PROTECTION. WHEREAS, the School Board manages its own financial system and accounts separate and apart from the City of Roanoke; WHEREAS, the City Treasurer has recommended that the School Board have a line of credit to ensure that the school division does not overdraft any of its accounts; and WHEREAS, the School Division needs to renew its temporary loan agreement with Wachovia Bank in order to maintain a line of credit for overdraft protection for the Division's accounts. THEREFORE BE IT RESOLVED by the School Board of the City of Roanoke that: 1. The Superintendent is hereby authorized, for and on behalf of the School Board, to execute temporary loan agreements with Wachovia Bank, National Association in accordance .with Virginia Code 922.1-110 for the purpose of securing one or more lines of credit in the name of the School Board to secure overdraft protection. Such temporary loan agreements as well as any other necessary and appropriate documents shall be in a form approved by the City Attorney. 2. Themaximum total amount of the temporary loans that the Superintendent is authorized to secure for the overdraft protection is $10,000,000, which amount is less that the maximum amount allowed by Virginia Code 9 22.1-110. 3. Any amount drawn under such line of credit shall be paid to Wachovia Bank, National Association, no later than three months after such amount is so drawn or charged. r- ATTEST: C~~~~ Approved as to Form and Legal Sufficiency: Timothy R. Spencer, Esq. Assistant City Attorney ~ . DA CA. ,CHAIR \ 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 JOHN W. BINGHAM, CPA Assistant Director of Finance ANN H. SHAWVER, CPA Director of Finance ANDREA F. TRENT Assistant Director of Finance July 1 9 I 20 1 0 Honorable David A. Bowers, Mayor Honorable David B. Trinkle, Vice-Mayor Honorable William D. Bestpitch, Council Member Honorable Raphael E. Ferris, Council Member Honorable Sherman P. Lea, Council Member Honorable Anita J. Price, Council Member Honorable Court G. Rosen, Council Member Dear Mayor Bowers and Members of City Council: Subject: School Board Request for Renewal of Line of Credit As a result of official School Board action on July 13, 2010, the Board respectfully requests City Council approve the Schools' renewal of the $10,000,000 line of credit facility with Wells Fargo Bank, National Association in accordance with Virginia Code 22.1-110. The line of credit will provide overdraft protection of School Division bank accounts. The School Board requests City Council's approval to renew the line of credit through July 8, 2011. The cost to maintain the line of credit for FY11 is $2,000 and is included in the FY11 budget. We recommend that you concur with this report of the School. Board and adopt the accompanying resolution authorizing the School Board to renew a loan agreement with Wells Fargo Bank, National Association for the purposes of renewing the $10,000,000 line of credit. Sincerely, ~w~~";/2J City Treasurer ~ Ann H. Shawver Director of Finance c: Christopher P. Morrill, City ;Manage~. William M. Hackworth, CitY Attorney . Stephanie M. 1\t100n, City Clerk Rita D. Bishop, Superintendent, Roanoke City Public Schools Curtis Baker, Deputy Superintendent of Operations, Roanoke City Public Schools ROANOKE VALLEY PRESERVATION FOUNDATION p~ ~,,~px 1366 Rmiriok~~y A 24007' Miscellaneous July 15, 2010 City Council 14 July 2010 RECEIVED JUL 1 5 2010 MAYOR'S OFFICE To the Members of City Council: '~.~/~] i:/i ;=J '-' , - _ ~. 1 i:! . The Roanoke Valley Preservation Foundation strongly encourages City Council to consider a lease to the Roanoke Regional Preservation Office (RRPO) ofthe Virginia Department of Historic Resources (VDHR) for office space at Mountain View. ......- The RRPO office has been located in historic Buena Vista since it was established in 1989. This office has served as a valuable resource to the city as the RRPO staff promotes awareness, appreciation, enjoyment and good stewardship of historic resources in the city and the surrounding region. The RRPO office in Roanoke has served as a center for expert assistance to both consultants and individual property owners. It is important that the RRPO remain located in the city of Roanoke. Over the last 21 years, the RRPO has served as a steward to the property of Buena Vista. RRPO staff members have provided tours and outreach services promoting the architectural and historic significance of this house. In addition, they have kept a careful eye on the condition of the building and provided technical assistance to the city in promoting its maintenance. It is important and appropriate that RRPO's offices remain in,..,Q,ne-ofthe'citY'shisforic'propettie Mountain View is an excellent 0 is valuable resource will 'mlll- e city ana continue to influence and assist property owners in the historic neighborhoods of Old Southwest, Wasena, Ghent and Raleigh Court that surround the property. The RRPO staff can serve as stewards of Mountain View and provide assistance to the city in maintaining this historic resource. We understand that there is a deed restriction from the original donation of the property by the Fishburn family restricting its use to recreational activities. We believe that the RRPO and VDHR, which are under the State Department of Natural Resources, promote recreational activities. As defmed by the V A code 9 15.2-6017: "Recreational purposes" includes any one or any combination of the following recreational activities: ... visiting, viewing or enjoying historical, archaeological, scenic, or scientific sites or otherwise using land for purposes of the user. Based on this definition, we believe that RRPO is an eligible use of Mountain View. In addition, it is our understanding that the Fishburn heirs support this proposed use 1;>y the RRPO. In closing, we strongly encourage you to allow the Roanoke Regional Preservation Office to lease space at Mountain View. It is our belief that this arrangement would be in the best interest of all parties as it provides office space for RRPO in the City of Roanoke while also providing Mountain View with the best tenants and stewards the City could ask for. Sincerely, ~CedY' preSld) t .~.. July 12, 2010 4334 Oakleaf Dr NW Roanoke, VA 24017 City Council c/o Stephanie M. Moon, City Clerk 215 Church Ave Suite 456 Roanoke, VA 24011-1536 To the Honorable David Bowers, Mayor and Members of the Roanoke City Council, I would like to personally thank you for your efforts in insuring the education of our Roanoke City children through your support and passing ofthe two -cent meals tax. I know there was quite of bit of opposition, but I am pleased that you all held firm to support the school division. Perhaps in the future everyone will realize the positive impact this effort has made. Supportin'g public education is the best investment a taxpayer can make. Enclosed are some pins I made that I am encouraging supporters of the meals tax to wear when they dine at a Roanoke City restaurant. I thought they would help to spread the message to encourage everyone to support public education. So far my fellow elementary school principals are wearing the pins and it would mean a great deal to us if you all could wear them as well. When people ask what the pins mean, that gives us an opportunity to share with them about the meals tax and its positive impact on Roanoke City Public Schools. With sincere gratitude, ~~-- Rebecah Smith, Principal of Garden City Elementary