HomeMy WebLinkAboutCouncil Actions 10-07-10
BESTPITCH
38957 -100710
ROANOKE CITY COUNCIL
INFORMAL SESSION
OCTOBER 7,2010
9:00 A.M.
EOC CONFERENCE ROOM
ROOM 159
AGENDA
Call to Order -- Roll Call - Mayor Bowers arrived late; Council Member
Lea was absent. '
A communication from Mayor David A. Bowers requesting that Council convene in a
Closed Meeting to discuss vacancies on certain authorities, boards, commissions and
committees appointed by Council, pursuant to Section 2.2-3711 (A)(1), Code of Virginia
(1950), as amended. (5-0)
A communication from Mayor David A. Bowers requesting that Council convene in a
Closed Meeting to discuss the 2010 Citizen of the Year Award, pursuant to Section 2.2-
3711 (A)(10), Code of Virginia (1950), as amended. (5-0)
A request from Council Member Anita J. Price, Chairman, City Council Personnel
Committee, requesting that Council convene in a closed meeting to discuss the
performance of an appointee serving on a body appointed by Council, pursuant to Section
2.2-3711 (A) (1), Code of Virginia (1950), as amended. (5-0)
ITEMS LISTED ON THE 2:00 P.M. COUNCIL DOCKET REQUIRING
DISCUSSION/CLARIFICATION AND ADDITIONS/DELETIONS TO THE 2:00 P.M.
AGENDA. NONE.
TOPICS FOR DISCUSSION BY THE MAYOR AND MEMBERS OF COUNCIL. NONE.
1
BRIEFINGS:
. HUD Policies Update
. Financial Policies Update
. Downtown West District
. Occupational Health Relocation
. . Leaf Collection Wrap-up
. Market Building Process
30 minutes
30 minutes
15 minutes
15 minutes
30 minutes
15 minutes
THE COUNCIL MEETING WAS RECESSED AT 1 :02 P.M. FOR A CLOSED MEETING
AND RECONVENED AT 2:00 P.M., IN THE COUNCIL CHAMBER, ROOM 450, NOEL C.
TAYLOR MUNICIPAL BUILDING.
2
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ROANOKE CITY COUNCIL
REGULAR SESSION
OCTOBER 7,2010
2:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
"
1. Call to Order--RolI Call. Council Member Lea was absent.
The Invocation was delivered by The Reverend Thomas A. Dill, Sr., Pastor,
Grandview Church of the Nazarene.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Bowers.
Welcome. Mayor Bowers.
NOTICE:
Today's Council meeting will be televised live and replayed on RVTV Channel 3 on
Saturday, October 9 at 4:00 p.m., and Sunday, October 10 at 4:00 p.m. Council
meetings are offered with closed captioning for the hearing impaired.
ANNOUNCEMENTS:
THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY
COUNCIL AGENDA AND RELATED COMMUNICATIONS, REPORTS,
ORDINANCES AND RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE
COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR REVIEW OF
INFORMATION.
3
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 GOVERNMENT
ICON.
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.
PERSONS WISHING TO ADDRESS COUNCIL WILL BE REQUIRED TO
CONTACT 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.
ANY PERSON WHO IS INTERESTED IN SERVING ON A CITY COUNCIL
APPOINTED AUTHORITY, BOARD, COMMISSION OR COMMITTEE MAY
.CONT ACT THE CITY CLERK'S OFFICE AT 853-2541, OR ACCESS THE CITY'S
HOMEPAGE TO OBTAIN AN APPLICATION.
THE COUNCIL OF THE CITY OF ROANOKE IS SEEKING APPLICATIONS FOR
THE FOLLOWING CURRENT OR UPCOMING VACANCIES:
HUMAN SERVICES ADVISORY BOARD - TWO VACANCIES
ROANOKE NEIGHBORHOOD ADVOCATES - ONE VACANCY
ECONOMIC DEVELOPMENT AUTHORITY - ONE VACANCY
FAIR HOUSING BOARD - ONE VACANCY
LOCAL BOARD OF BUILDING CODE APPEALS - ONE VACANCY
2. PRESENTATIONS AND ACKNOWLEDGEMENTS:
A proclamation declaring October 2010 as Diversity Awareness Month.
Presented ceremonial copy to Carolyn Glover, Director of Human Resources,
and Dorothy Hoskins, Senior Accountant.
4
A proclamation declaring the week of October 25 - 31, 2010 as National Lead
Poisoning Prevention Week.
Presented ceremonial copy to Marla Robertson and Ann Weaver, Lead Safe
Roanoke.
3. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
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.
4.
CONSENT AGENDA
(APPROVED (6-0)
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED
TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE
ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF
THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED
FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY.
C-1 A communication from the City Manager requesting that Council schedule a
public hearing for Monday, October 18,2010 at 7:00 p.m., or as soon as the matter
may be heard, to consider the lease of space in the Municipal Building to Anthony
Vaughn Owens, Juice Do It, LLC, d/b/a The Break Room Cafe, for an initial term of
one year, with the option to renew up to four additional one year terms.
RECOMMENDED ACTION: Concurred in the request.
C-2 Reports of qualification of the following individuals:
William M. Hackworth as City Attorney, Stephanie M. Moon as City
Clerk, Troy A. Harmon as Municipal Auditor, and Ann H. Shawver as
Director of Finance for terms of two years, each, commencing
October 1 , 2010, and end i ng September 30, 2012;
Brian K. Redd as a citizen representative of the City of Roanoke
Finance Board for a term ending June 30,2012; and
Warner N. Dalhouse as a member of the Architectural Review Board
for a term of four years ending October 1,2014.
RECOMMENDED ACTION: Received and filed.
5
REGULAR AGENDA
5. PUBLIC HEARINGS: NONE.
6. PETITIONS AND COMMUNICATIONS: NONE.
7. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY
MANAGER:
a. CITY MANAGER:
BRIEFINGS:
. GRTC Bus Stop Selection Criteria - 15 minutes
(Council Member Rosen left during the briefing.)
ITEMS RECOMMENDED FOR ACTION:
1. Acceptance and appropriation of funds for a grant from the State
Department of Fire Programs.
Adopted Resolution No. 38958-100710 and Budget Ordinance No.
38959-100710 (5-0).
2. Amendment of the City Code to reduce the administrative processing
fee from $100.00 to $50.00 for removal of loose leaves from the City's
right-of-way following proper notification before December 31,2010;
and to eliminate the use of plastic leaf bags and require the use of .
paper leaf bags during leaf collection season.
Adopted Ordinance No. 38960-100710 (5-0).
3. Approval to continue special military pay for reservists and members
of the National Guard who are called to active duty between
October 1, 2010 and September 30,2011.
Adopted Resolution No. 38961-100710 (5-0).
4. Approval of the Public Art Action Plan for Fiscal Year 2011; and
transfer of funds.
Adopted Resolution No. 38962-100710 and Budget Ordinance No.
38963-100710 (5-0).
6
5. Adoption of the proposed HUD Funds Policy.
Adopted Resolution No. 38964-100710 (5-0).
6. Execution of the 2010-2011 CDBG Subgrant Agreement with Blue
Ridge Independent Living Center for its Empowering Individuals with
Disabilities program. Adopted Resolution No. 38965-100710 (5-0).
COMMENTS BY CITY MANAGER.
Comments made by the City Manager regarding miscellaneous matters.
b. DIRECTOR OF FINANCE:
1. Presentation of the Unaudited Financial Report for Fiscal Year 2010.
Received and filed. Presentation was given prior to Item 11.
Motions and Miscellaneous Business.
8. REPORTS OF COMMITTEES: NONE.
9. UNFINISHED BUSINESS: NONE.
10. INTRODUCTION AND CONSIDERATION OF ORDINANCES
AND RESOLUTIONS: .
a. A resolution appointing Sherman M. Stovall as Assistant City Manager for
Operations, effective November 1, 2010.
Adopted Resolution No. 38966-100710 (5-0).
b. A resolution recognizing the 30th anniversary of Voice of the Blue Ridge.
Adopted Resolution No. 38957-100710 (5-0). Presented ceremonial copy
to Jan Smyth, Executive Director.
11. MOTIONS AND MISCELLANEOUS BUSINESS:
a. Inquiries and/or comments by the Mayor and Members of City Council.
Various comments by the Mayor and Members of City Council.
b. Vacancies on certain authorities, boards, commissions and committees
appointed by Council.
7
Appointed Barbara Richardson as a member of the Roanoke
Neighborhood Advocates to fill the unexpired term of Valerie Garner
ending June 30, 2011.
Reappointed Susan L. Reese as a member of the Human Services
Advisory Board for a four-year term ending November 30,2014.
Appointed Timothy A. Witten to replace Cheryl Miller as a
Commissioner of the Roanoke Redevelopment and Housing Authority
for a term ending August 31,2014.
Appointed Boreham B. Johnson to replace Dennis R. Cronk as a
Director of the Economic Development Authority for a four-year term
ending October 20, 2014. City Attorney instructed to prepare
appropriate measure.
CERTIFICATION OF CLOSED MEETING. (5-0)
12. ADJOURN - 4:53 p.m.
8
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
October 7, 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 in attendance at the 9:00 a.m. and 2:00 p.m.
sessions of Council on Thursday, October 7, 2010. Best wishes for a successful
meeting.
Sincerely,
~ ffi~
Sherman P. Lea
Council Member
/ctw
CITY OF ROANOKE
OFFICE OF THE MAYOR
215 CHURCH AVENUE, S.w., SUITE 452
ROANOKE, VIRGINIA 24011-1594
TELEPHONE: (540) 853-2444
FAX: (540) 853-1145
DAVID A. BOWERS
Mayor
October 7,2010
The Honorable Vice-Mayor and Members
of the Roanoke City Council .
Roanoke, Virginia
Dear Members of Council:
This is to request a Closed Meeting to discuss vacancies on certain authorities, boards,
commissions and committees appointed by Council, pursuant to Section 2.2-3711 (A)(1),
Code of Virginia (1950), as amended.
Sincerely,
~Q~
David A. Bowers
Mayor
DAB:ctw
CITY OF ROANOKE
OFFICE OF THE MAYOR
215 CHURCH AVENUE, S.w., SUITE 452
ROANOKE, VIRGINIA 2401 1-1594
TELEPHONE: (540) 853-2444
FAX: (540) 853-1145
DAVID A. BOWERS
Mayor
October 7,2010
The Honorable Vice-Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Members of Council:
This is to request a Closed Meeting to discuss the 2010 Citizen of the Year Award,
pursuant to Section 2.2-3711 (A)(1 0), Code of Virginia (1950), as amended.
Sincerely,
~a~
Mayor
DAB: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
Council Members
William D. Bestpitch
Raphael E. "Ray" Ferris
Sherman P. Lea
Anita J. Price
Court G. Rosen
David B. Trinkle
DAVID A. BOWERS
Mayor
October 7,2010
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of Council:
I wish to request that Council convene in a closed meeting to discuss the performance of
an appointee serving on a body appointed by Council, pursuant to Section 2.2-3711 (A) (1),
Code of Virginia (1950), as amended.
Sincerely,
Anita . Price, air
City Council Personnel Committee
Since Sept. 7th Briefing
. Publicized through RVTV, City Website
and MyRoanoke
. Advertised in Roanoke Times and
Tribune
. Notice sent to Roanoke Neighborhood
Advocates
. Public meeting held September 9th
Policy for Council Action
. Includes all policy changes discussed at
September 7th briefing
. Additional changes:
Brief descriptions of priorities added - had
concurrence of Task Force
Waiving 525.000 minimum application amount for
ESG - has been practice
. Regarding rental:
Main CDBG/HOME focus is rehab of existing units
Tools: Zoning (reduced density in 2005). tax
abatement
&icf'1~ No. I
From Sept. 7th Briefing
. Proposed policy changes:
New target areas and further project planning
Adjusted %s of CDBG to priorities, with funding
shifts still allowed to reflect selected requests
Adjusted minimum % of funds targeted
Performance replacement for 3 yrs and out rule
Flexibility in buffer limits for "capped" uses of
fu n d s
Study/establish indicators to better measure
success
Public Response
. Ten people attended Sept. 9th public meeting:
written comments from one other individual
. Input consistent with proposed changes to
policy
Promote targeted projects (such as Miller's Hill)
Homeownership drives neighbodlOod vitality more
than rental
Address conversions of large single-family homes
into multi-unit r'entals
Replacement of 3 year rule benefits community
Briefing #2
,
City Council Briefing
OctOber 7,2010
Financial Policies Update
Reserve Policies
Debt Policy
I
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Tt1e Importance of Financial Policies
· Standard and Poor's ranks establishment of
formalized financial policies as one of the most
important financial management best practices
· Moody's Investors Services cites fund balance
policies and debt pla'nning that includes targets and
maximum debt levels as two of six critical
components of strong municipal management
· -cFitch Ratings includes policies on debt affordability
and fund balances as among the best financial
management practices for government issuers
2
~~
ROANOKE
Reserves
3
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Current: Budget Stabilization Reserve (BSR)
Minimum 50/0, Maximum 80/0
Budget Stabilization Reserve as a % of General Fund Expenditure Budget
9.0"A,
8. O"A,
7.0"A,
6.0"A,
5.0"A,
4.0"A,
3.0"A,
2.0"A,
1.0"A,
O.O"A,
2005
2008
2009
2010
2006
2007
-Target
-Minimum
Sources: City of Roanoke Comprehensive Annual Financial Reports, FY05-09. FY 2010 data is unaudited.
4
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ROANOKE
Finding: Roanoke's reserve level insufficient
and below peer credits
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~Moody's Median for all Aa2 Entities -PeerGroup Median
Source: Moody's MuniCiP. al Financial Ratio Analysis Database as of FY 09. City of Roanoke data from FY 09 Comprehensive Annual ~..
Financial Report ~
Note: General Fund Balance includes unreserved, designated and unreserved, undesignated. ~ ~
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ROANOKE
Unreserved (designated & undesignated) General Fund Balance
as a % of Revenues
35.0%
32,6%
30.0%
25.0%
20.0%
15.0%
10.0%
5.0%
,1
0.0%
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Current:
Undesignated Fund Balance
$1,000,000 ---$
1633i~1~
$0 .---- ~-
2005 2006 2007 2008 2009 2010
Sources: City of Roanoke Comprehensive Annual Financial Reports. FY 05-09. FY 2010 data is unaudited.
$6 000 000 --~
, ,
$5,000,000 -
$4,000,000
$3,000,000 -
$2,000,000
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Undesignated General Fund Balance
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ROANOKE
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Recommendation: Combine BSR and Undesignated Fund
balance. Policy: Unreserved, undesignated General Fund
Balance of 100/0 of General Fund Expenditures
12.0"~
Unreserved, Undesignated General Fund Balance as a % of
General Fund Expenditure Budget
r.
10.0"10
8. 0"10
6.0"10
4.0"10
2.0"10
0.0"10
200S
2006 2007 2008 2009
o Budget Stabilization Reserve as a % of General Fund Expenditure Budget
CJ Undesignated General Fund as a% of General Fund Expenditure Budget
Sources: City of Roanoke Comprehensive Annual Financial Reports, FYOS-09. FY 2010 data is unaudited.
2010
7
~~
ROANOKE
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Economic and Community Development
Reserve
$7,000,000
$6,000,000
$5,000,000
$4,000,000
$3,000,000
$2,000,000
$1,000,000
Economic& Community Development Reserve
$0
2009
2010
...r-
2005 2006 2007 2008
Sources: City of Roanoke Comprehensive Annual Financial Reports, FY05-09. FY 2010 data is unaudited.
No recommended changes
8
~~
ROANOKE
Current: Self-Insurance Reserve
Self-Insurance Reserve
$6,000,000
$5,000,000
$4,000,000
$3,000,000
$2,000,000
$1,000,000
_. 1 $0
- 2005
-$1,000,000
,
-$2,000,000
3,307;53
3;q~,5
1,509,41
2006
2007
2008
2009
Sources: City of Roanoke Comprehensive Annual Financial Reports, FYOS-09. FY 2010 data is unaudited.
9
2010
- 1,095,0
~~
ROANOKE
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Recommendation: Establish Self-Insurance
Reserve as a % of Average Claims
~~...- ... .
· Current City Code stipulation antiquated - $250,000
allocated annually; reserve target 30/0 General Fund
budget
· Currently in deficit position due to unfunded accrued
liabilities
· Code provision ignores actual claims exposure
· Recommended reserves
- 250/0 of average self-insured claims and
- 100/0 of average fully-insured premiums and
- $1 million additional umbrella
-T
10
1--'----------- -
Other Recommendations - Reserve Policies
· Retain Economic and Community
Development Reserve
· Revisit Budget Stabilization Reserve once
other reserves are established
· Fund reservesi.n this order:
- Undesignated reserve of 100/0
- Self-insured reserve
- Budget stabilizatio,n reserve of 20/0
· All of these reserves and related policies
subject to biannual review and recommended
. .
revIsion
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11
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ROANOKE
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MultiYear Plan for Funding of Reserves
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· Funding of $250,000 in FY11 budget or .1 % of
General Fund bud.get
· Multi year appro-ach, adding $250,000 to
$500,000 per year will fully fund all reserves
within ten years
· "Additional allocations possible from year end
surplus
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12
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ROANOKE
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Debt Policy
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Current Policy: Net debt will not exceed 50/0
assessed value real estate
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-Moody's Median for all Aa2 Entities -Peer Group Median
Sources: Moody's Municipal Financial Ratio Analysis Database as of FY 09, City of Roanoke data from FY 09 Comprehensive Annual Financial
Report,
Note: Taxable Assessed Value includes Real Estate. Personal Property and Public Service Corporation assessed value, Net Debt excludes self-
supporting debt, such as payments forthe Western Virginia Water Authority and Parking forthe City of Roanoke,
5.0%
4.5%
4.0%
3.5%
3.0%
2.5%
2.0%
1.5%
1.0%
0.5%
0.0%
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Net Debt as a % of Taxable Assessed Value
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2.8%
2.1%
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ROANOKE
Recommendation: net debt will not exceed 40/0
assessed value real estate, personal property and
public service corporation property
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Overall Net Debt to Total Assessed Value
6.0%
5.0%
3.0%
4.5%
4.0%
2.0%
1.0%
0.0%
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2005 2006 2007 2008
III Debtto Real Estate AV (Current Policy)
2009 2010* 2011* 2012* 2013* 2014* 2015*
o Debtto Real Estate, Personal and Public Service Corporation AV (Recommended Policy)
. Projected ,
Sources: City of Roanoke and the Comprehensive Annual Financial Reports, FY 05-09,
Note: Net Debt excludes self-supporting debt, such as payments forthe Western Virginia Water Authority and Parking forthe City of Roanoke.
(1) Assumes real estate AV growth of 1,8% in FY 2010, 1,3% growth in FY 2011, 0% growth in FY 2012 & FY 2013, and 1% thereafter.
Assumes personal and public service corporation remain flat.
(2) Assumes bond issuance of $12M in FY 12, $14.945M in FY 13 & $15, 75M in FY 14.
15
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ROANOKE
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Debt service not to exceed 100k General and
School Fund expenditures net of transfer
Net Debt Service as a % of Expenditures
12.0%
10.0%
8.0%
6.0%
4.0%
2.0%
0.0%
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2011 -
2012-
2014-
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2013 -
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-Projected. 200S 2006 2007 2008 2009 2010-
Sources: City of Roanoke and the Comprehensive'Annual Financial Reports, FY OS-09.
Note: Debt Service excludes self-supporting debt, such as payments for the Western Virginia Water Authority and Parking for the City of Roanoke.
(1) Assumes 1% expenditure growth in FY 2011 & 2012,3% growth in FY 2013 and 2% thereafter.
(2) Assumes bond issuance of $12M in FY 12, $14.94SM in FY 13 & $1S.7SM in FY 14.
No recommended changes
16
~~
ROANOKE
Debt Service as ok of Expenditures is at Peer
Median
Debt Service as a % of Expenditures
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Financial Report.
Note: Debt Service excludes self-supporting debt, such as payments for the Western Virginia Water Authority and Parking for the City
of Roanoke.
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17
, .
9.4%
8.3%
~~
ROANOKE
",
Current policy: Not less t"an 500/0 outstanding debt
will be retired within ten years
Recommendation: Increase requirement to 600/0
90.0"~
80.0"~
70.0"~
6O.0"~
50.0"~
40.0"~
30.0"~
20.0"~
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4'-7"'1
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Net Debt Retirement in 10 years
2005
2006
2007
2008
2009
2010*
2011 *
2013*
2014*
2015*
2012*
Sources: City of Roanoke Comprehensive Annual Financial Reports, FY 05-09,
Note: Net Debt excludes self-supporting debt, such as payments forthe Westem Virginia Water Authority and Parking forthe City of Roanoke,
(1) Assumes bond issuance of $12M in FY 12, $14,945M in FY 13, $15.75M in FY 14.
18
~~
ROANOKE
I .
" .
O~her Policy Recommendations
· ,Adopt compr~hensive Reserve and Debt
Management Policies
· Adopt consistent use of three year replenishment
requirement if reserve falls below minimal balances
· Strive to fund 100/0 CIP using cash
· Remove investmentgomponents from debt policy
and place in separatEtinvestment policy
· Add underwriter selection to debt policy
· ~d,g. sections to address short-term borrowing a.nd
"~lease financing
· Modify guidance for refunding of debt to establish
'greater flexibility yet assure prudent fiscal
management
19
[,
Quest~ions and
_ Discussion .
20
, .
Briefing #2
DRAFT dated 9/29/10
[New sections of these policies are highlighted for review purposes]
City of Roanoke, Virginia
Reserve and Debt Management Policies
~-
~~
ROANOKE
October xx, 2010
DRAFT
Table of Contents
Goals and Objectives...... ................................ :........ .................. ......................................... .... ...1
Reserve Policy.......... ..... .... ..... .......................... ............. .................. ............. ..................... ...... ...2
Debt Management Policy... ......... .................. .................................... ......... ..... ..........................5
Glossary....................... ......... ..... .... .................. ......... ......... .................. .............. ......... ... .......... 12
~Ci The City of Roanoke Comprehensive Financial Policies - DRAFT
ROANOKE
DRAFT
Goals and Objectives
These policies are designed to help protect the City's financial resources necessary to meet short-
term and long-term operating and capital needs by:
. Promoting sound financial management;
· Protecting and maintaining the City's credit ratings;
· Ensuring the legal and prudent use of the City's debt issuance authority; and
. Guiding the City and its managers in policy and debt issuance decisions.
While adherence to this policy is expected in applicable circumstances, the City understands that
changes in the capital markets, City programs, or other unforeseen circumstances may from time to
time produce situations that are not covered by this policy and will require modifications or
exceptions to achieve the policy goals. In these cases, the City's management may act, provided
specific authorization from the Director of Finance or City Council is obtained. Failure to comply
in any manner with this policy shall not result in any liability on the part of the City to any party.
These policies will be reviewed at least every two years by the Director of Finance.
~~ The City of Roanoke Reserve and Debt Management Policies - DRAFT
ROANOKE
1
DRAFT
Reserve Policy
General Fund Reserve Policy
. Reserve Floor-Roanoke will target an unreserved, "Undesignated General Fund Reserve"
equal to 10% of General Fund Expenditures. This level of reserves is intended to provide
the City with sufficient working capital and margin of financial safety to address unforeseen,
one-time expenditure emergencies or significant unforeseen declines in revenues in a specific
fiscal year, for which there is no ,other current budgetary resource available, or other
designations of fund balance available to satisfy the funding needed. The City plans to grow
its reserves over the next several fiscal years and meet this minimum targeted reserve balance
by FY 2016. Should the Undesignated General Fund Reserve fall below the minimum level,
the replenishment process, described below, will be triggered.
. Reserve Drawdown-Drawdown of the Undesignated General Fund Reserve shall occur
only by authorization of City Council. Funds may only be used for the purposes described
above, which cannot be covered from contingencies or other sources. The Undesignated
General Fund Reserve may not be used for balancing the annual budget due to recurring
declines in revenue sources or recurring expenditure increases.
. Reserve Replenishment-In the event the Undesignated General Fund Reserve is used, it
will be restored to its minimum level within three fiscal years. The Director of Finance will
submit a plan in writing to City Council that will restore the Undesignated General Fund
Reserve to its minimum level within three fiscal years.
Economic Downturn Reserve Policy
. Reserve Floor- In addition to the 10% Undesignated General Fund Reserve, Roanoke will
target an "Economic Downturn Reserve" to smooth its financial operations in the event of
an economic downturn. The Economic Downturn Reserve will be maintained at or above a
target level of 2% of the General Fund Expenditure budget for the current year. The
Economic Dowturn Reserve will be held as a designated portion of the City's General Fund
Balance. After the City meets its Undesignated General Fund Reserve target, it will develop
a multi-year plan to meet this Economic Downturn Reserve goal.
. Reserve Drawdown- Drawdown of the Economic Downturn Reserve shall occur only by
authorization of City Council. The Economic Downturn Reserve may only be drawn down
in the event that revenues decline by more than 1.5% of the current year estimate.
Drawdowns will be limited to less than one-half of the fund balance in any fiscal year.
Drawdowns must be made in combination with spending cuts or other measures.
~~ The City of Roanoke Reserve and Debt Management Policies - DRAFT
ROANOKE
2
DRAFT
· Reserve Replenishment-In the event the Economic Downturn Reserve is used, it will be
restored to its minimum level within three fiscal years. The Director of Finance will submit
a plan in writing to City Council that will restore the Economic Downturn Reserve to its
minimum level within three fiscal years.
Economic and Community Development Reserve Policy
The following Economic and Community Development and Reserve Policy ("E&CD Reserve") is
intended to demonstrate a commitment to financial planning for economic and community
development projects which may provide future growth opportunities and expansion of the tax base
in Roanoke. The E&CD Reserve will be maintained using the following guidelines:
· Reserve Floor-The E&CD Reserve will be maintained at or above a target level of
$1.0 million. The E&CD Reserve will be a designation within the City's Capital
Projects Fund.
· Reserve Drawdown-Use of the E&CD Reserve shall occur only by appropriation
of City Council for economic or community development projects. Examples of
qualifying uses include, but are not limited to, the purchase of property for economic
development, economic development incentives, greenway development, and
development of infrastructure to support other economic and/ or community
development projects. The E&CD Reserve may not be used for operating or
recurring expenditures.
· Reserve Growth and Replenishment-The E&CD Reserve will be maintained at a
level at or above its target by allocating interest earnings of the Capital Projects Fund
and proceeds from the sale of surplus general government real property. In the event
the E&CD Reserve declines below the target level of $1.0 million, it will be restored
to its minimum within three fiscal years. E&CD Reserve replenishment may be
accomplished by allowing E&CD Reserve growth without appropriation of the
E&CD Reserve or by transferring additional funds to the E&CD Reserve.
Risk Management Reserve
In addition to the various reserves described above, the City will maintain a Risk Management
Reserve to cover some of the risk exposure the City has due to its self-insurance program. The City
is currently self-insured for Health Workers' compensation, General Liability, and Automobile
claims.
r~-
~. The City of Roanoke Reserve and Debt Management Policies - DRAFT
ROANOKE
3
DRAFT
. Reserve Floor-The minimum funding level for the Risk Management Reserve is 25%
of the projected, annual, self-insured claims for the City's known retained risks. The City
will strive to meetthis reserve target by FY 2016.
. Reserve Drawdown-Use of the Risk Management Reserve will be used to fund
unanticipated risk management expenses.
. Reserve Replenishment-In the event the Risk Management Reserve declines below
its target level, it will be restored to its minimum within three fiscal years. The Director
of Finance will submit a plan in writing to the City Council that will restore the Risk
Management Reserve to its minimum level within three fiscal years.
~~ The City of Roanoke Reserve and Debt Management Policies - DRAFT
ROANOKE
4
DRAFT
Debt Management Policy
Introduction
One of the keys to sound financial management is the development of a debt policy. This need is
recognized by bond rating agencies, and development of a debt policy is a recommended practice by
the Government Finance Officers Association. A debt policy establishes the parameters for issuing
debt and managing the debt portfolio. It provides guidance to the administration regarding
purposes for which debt may be issued, types and amounts of permissible debt and method of sale
that may be used. The following debt policy is intended to demonstrate a commitment to long-term
financial planning. It will be used in conjunction with the Capital Improvement Programs for both
the City and School Board. Adherence to this policy will help assure maintenance of the City's
double-A credit ratings.
Guidelines for Debt Issuance
. The City will prepare and update annually a five-year Capital improvement Program
(CIP) to be approved by City Council. The CIP will be developed with an analysis of
the City's infrastructure and other capital needs, and the financial impact of the debt
service required to meet the recommended financing plan. The City will strive to
fund at least 10% of the CIP projects' aggregate cost on a cash basis.
· As part of the annual Capital Improvement Program, the Schools shall furnish the
City a schedule of funding needs for any school projects for which the issuance of
long-term debt is planned.
· Each project proposed for financing through debt issuance will have an analysis
performed for review of tax impact and future operating costs associated with the
project and related debt issuance costs.
· All proceeds from debt issuance for the City of Roanoke and the City of Roanoke
School Board shall be appropriated by City Council.
· Proceeds from the issuance of debt shall be monitored by the investment custodian
with regard to arbitrage. Compliance with all applicable federal tax requirements
shall be made. The City will coordinate with its investment managers with regard to
expected project funds payout so as to maximize investment earnings in light of
federal arbitrage requirements.
· Long-term debt will be issued to purchase or construct capital improvements or
equipment with a minimum expected life of five years. The City will not use long-
term borrowing to finance annual operating needs. The term of any bond issue will
not exceed the useful life of the capital project / facility or equipment for which the
borrowing is intended.
~~ The City of Roanoke Reserve and Debt Management Policies - DRAFT
ROANOKE
5
DRAFT
. The City will attempt to avoid short-term debt to provide cash flow for annual
operations. Debt issued for operating purposes will be limited to cases where there
is reasonable certainty that a known source of revenue will be received in the current
fiscal year sufficient to repay the debt or where ther~ is a clear financial emergency.
. The City will comply with all applicable U.S. Internal Revenue Service and U.S.
Treasury arbitrage requirements for bonded indebtedness in order to preserve the
tax-exempt status of such bonds.
. Bond issues should be planned to minimize the frequency of issuance, thereby
ensuring the lowest possible costs of issuance. When determining the size of a bond
issue, consideration should be given to the need for construction, debt service and
capitalized interest funds. Construction fund draw schedules shall be prepared, and
projection of conservative earning on unspent bond funds should be made in
conjunction with planning of the City's Capital Improvement Program.
The decision to use bond proceeds to pay interest during construction for revenue-
producing projects shall be made on a case by case basis and shall be based on an
evaluation of the opportunity cost of funds and the availability of other sources of
funds to pay interest costs.
. General obligation bonds will be amortized on a level principal basis to the extent
practical, and revenue bonds will be amortized on a level debt service basis to the
extent practical considering the forecasted available pledged revenues.
. The City shall not endorse the obligation of any entity other than the City of
Roanoke or Roanoke School Board. However, the City may enter into contracts
with other regional or local public entities with respect to public purpose projects,
which provide for certain payments when project or entity revenues prove
insufficient to cover debt service on obligation issued to fmance such project(s). The
City will enter into these type agreements only when there is long-term public and
financial interest in the regional or local project. The obligation could be structured
as Moral Obligation Bonds, or with an underlying support agreement or other
contractual arrangement. These obligations do not affect the legal debt limit of the
City and any payments are subject to annual appropriation. However, if such
payments were made, the obligations would be considered tax-supported debt.
. The City's preferred method of sale of bonds is via competitive sale to underwriters.
If deemed advantageous, the City may sell bonds via a negotiated sale, private
placement, or other method. Coordination will be made with the City's financial
advisor in arriving at a recommendation to issue bonds through a method other than
competitive sale.
~~ The City of Roanoke Reserve and Debt Management Policies - DRAFT
ROANOKE
6
DRAFT
Underwriter Selection
. Senior Manager Selection-The City shall select a senior manager for any
proposed negotiated sale. The selection criteria shall include, but not be limited to,
the following:
o Ability and experience in managing transactions similar to that contemplated by
the City;
o Prior knowledge and experience with the City;
o Ability aqd willingness to risk capital and demonstration of such risk and capital
availability;
o Quality and experience of personnel assigned to the City's engagement;
o Financing plan; and
o Underwriting fees.
, · Co-Manager Selection-Co-managers may be selected on the same basis as the
senior manager: In addition to their qualifications, co-managers appointed to .
specific transactions will be a function of transaction size and the necessity to ensure
maximum distribution of the City's bonds.
· Underwriter's Counsel-In any negotiated sale of City debt in which legal counsel
is required to represent the underwriter, the appointment will be made by the Senior
Manager with final approval from the City.
. Underwriter's Discount-The City will evaluate the proposed underwriter's
discount against comparable issues in the market. If there are multiple underwriters
in the transaction, the City will determine the allocation of underwriting liability and
management fees, if any.
The allocation of fees will be determined prior to the sale date; a cap on management
fees, expenses and underwriter's counsel fee will be established and communicated
to all parties by the City. The senior manager shall submit an itemized list of
expenses charged to members of the underwriting group. Any additional expenses
must be substantiated.
· Evaluation of Underwriter Performance-In conjunction with its financial
advisor, the City will evaluate each bond sale after completion to assess the
following: costs of issuance including underwriters' compensation, pricing of the
bonds in terms of the overall interest cost and on a maturity-by-maturity basis, and
the distribution of bonds and sales credits.
..~~ The City of Roanoke Reserve and Debt Management Policies - DRAFT
ROANOKE
7
DRAFT
. Designation Policies-To encourage the precmarketing efforts of each member of
the underwriting team, orders for the City's bonds will be net designated, unless
otherwise expressly stated. The City shall require the senior manager to:
o Fairly allocate bonds to other managers and the selling group;
o Comply with Municipal Securities Rulemaking Board (MSRB) regulations
governing the priority of orders and allocations; and
o Within 10 working days after the sale date, submit to the City a detail of
orders, allocations and other relevant information pertaining to the City's
sale.
~ai The City of Roanoke Reserve and Debt Management Policies - DRAFT
ROANOKE
8
DRAFT
Limitations on Level of Debt to be Issued and Outstanding
Constitutional and Statutory Limitations:
. Article VII, Section 10 of the Constitution of Virginia, the Public Finance Act and
the City Charter established the City's Legal Debt Margin at 10% if the assessed
value of real estate within the City shown by the last preceding assessment for taxes.
. The Public Finance Act and the City Charter also establish other limits as to the
amounts and types of debt the City may issue.
Self-Imposed Debt Targets:
. Net tax-supported debt as a percentage of the total taxable assessed value in the City
(including real, personal property, and public service corporations) will not exceed
4%. For all of the City's self-imposed debt targets, the City may exclude all or a
portion of any bonds or leases that are self-supporting.
· Net tax-supported general obligation debt service shall not exceed 10% of General
Fund expenditures.
. Net tax-supported debt will be structured in a manner such that not less than 60% of
the aggregate outstanding tax-supported debt will be retired within ten years.
Types of Debt Issuance
. The City may issue general obligation debt for capital or other properly approved
projects
. The School Board may use the Virginia Public School Authority (VPSA), Qualified
Zone Academy Bonds (QZAB), Qualified School Construction Bonds (QSCBs), or
State Literary Fund loans to finance school capital projects. Such debt issued on
behalf of the School Board constitutes general obligation debt of the City. The City
Manager and the Director of Finance shall approve any application to the
Commonwealth of Virginia for such debt. City Council shall approve the issuance of
the bonds as required by the Public Finance Act. The School Board shall approve
such financings before requesting City Council approval.
· The City may issue revenue bonds to fund proprietary activities such as water and
water pollution control utilities, or for other capital projects that generate adequate
revenues from user fees to support operations and debt service requirements. The
bonds will include written legal covenants which require that reverme'sources are
adequate to fund annual operating expenses and annual debt service requirements.
· Capital leases may be used to purchase buildings, equipment, furniture and fixtures.
The term of any capital lease shall not exceed the useful life of the asset leased.
~1i The City of Roanoke.~eserve and Debt Management Policies - DRAFT
ROANOKE
9
DRAFT
Revenue bonds may be issued by the City or other entity that are secured by a City
capital lease.
. Short-term borrowing may be utilized for interim financing or for other purposes as
described below. The City will determine and utilize the least costly method for
short-term borrowing subject to the following policies:
o Bond Anticipation Notes (BANs) may be issued for capital related cash
purposes to reduce the debt service during the construction period of a
project or to provide interim financing for a project. The BAN s shall not
mature more than 5 years from the date of issuance.
o Lines of Credit shall be considered as an alternative to other short-term
borrowing options.
o Other Short-Term Debt may be used when such instruments provide an
interest rate advantage or as interim financing.
. Lease financing and master lease obligations, including lease revenue bonds, may be
considered as alternative financing structures.
Refunding of Debt
The City will refund debt when it is in the best financial interest of the City to do so.
. Debt Service Savings-When a refunding is undertaken to generate interest rate
cost savings, the minimum aggregate present value savings will be 3% of the
refunded bond principal amount. The present value savings will be net of all costs
related to the financing. If present value savings is less than 3%, the City may
consider the refunding efficiency as measured by option value. If the refunding
efficiency of a refunding candidate exceeds 70% (on a maturity-by-maturity basis)
and present value savings is less that 3%, the City may opt to increase the universe of
refunded bonds.
. Restructuring-Refundings for restructuring purposes will be limited to
restructuring to alleviate debt service during difficult budgetary years, achieve cost
savings, mitigate irregular debt service payments, release reserve funds or remove
unduly restrictive bond covenants.
. T erffi of Refunding Issues-The City will refund bonds within the term of the
.originally issued debt. However, the City may consider maturity extension, when
necessary to achieve a desired outcome, provided that such extension is legally
permissible. The City also may consider shortening the term of the originally issued
debt to realize greater savings. The remaining useful life of the financed facility and
the concept of inter-generational equity should guide this decision.
~ai The City of Roanoke Reserve and Debt Management Policies - DRAFT
ROANOKE
10
DRAFT
. Escrow Structuring-The City shall utilize the least costly securities available in
structuring refunding escrows. A certificate will be provided by a third party agent
stating that the securities were procured through an arms-length, competitive bid
process (in the case of open market securities), and that the price paid for the
securities was reasonable within Federal guidelines. Under no circumstances shall an
underwriter, agent or financial advisor sell escrow securities to the City from its own
account.
· Arbitrage-The City shall take all necessary steps to optimize escrows and to avoid
negative arbitrage in its refundings. Any resulting positive arbitrage will be rebated
as necessary according to Federal guidelines.
Investor Relations, Disclosure and Communication
· The debt ratios outlined above will be computed annually and reported in the
Comprehensive Annual Financial Report, along with a computation of net tax-
supported debt per capita.
· The City will maintain communication with bond rating agencies to keep them
abreast of its financial condition by providing them the City's Comprehensive
Annual Financial Report, Annual budget, and Capital Improvement Program.
· The City will comply with all of its undertakings in accordance with Securities and
Exchange Commission Rule 15c2-21.
Debt Service Fund Balance
· The fund balance of the Debt Service Fund shall be reserved for the future payment
of annual princip~l and interest payments, which includes general obligation bonds
of the City, including school debt.
~tii The City of Roanoke Reserve and Debt Management po-licies - DRAFT
ROANOKE
11
DRAFT
Glossary
Advance Refunding. A refinancing transaction in which new (refunding) bonds are issued to repay
(refund) outstanding bonds prior to the first call date. The proceeds of the refunding bonds are
deposited in an escrow account, invested in government securities, and used to pay debt service
(interest, principal and premium, if any) on the refunded bonds through the applicable call date. For
accounting purposes, refunding obligations are not considered a part of an issuer's debt.
Arbitrage. The difference between the interest paid on the tax-exempt securities and the interest
earned by investing the security proceeds in higher-yielding taxable securities. IRS regulations
govern arbitrage on the proceeds from issuance of municipal securities.
Bond Anticipation Notes (BANs). Notes which are paid from the proceeds of the issuance of
long-term bonds. Typically issued for capital projects.
Call Provisions. The terms of the bond giving the issuer the right to redeem all or a portion of a
bond prior to its stated date of maturity at a specific price, usually at or above par.
Capitalized Interest. A portion of the proceeds of a bond issue which is set aside to pay interest
on the same bond issue for a specific period of time. Interest is commonly capitalized for the
construction period of the project.
Capital Lease. A lease obligation that has met the criteria to be categorized as a capital lease as
opposed to an operating lease under generally accepted accounting principles. Capital leases are
common in certain types of financing transactions involving the use of revenue bonds as opposed to
general obligation bonds.
Competitive Sale. A sale/auction of securities by an issuer in which underwriters or syndicates of
underwriters submit sealed bids to purchase the securities. Contrast to a negotiated sale.
Continuing Disclosure. The principle that accurate and complete information material to the
transaction which potential investors would be likely to consider material in making investment
decisions with respect to the securities be made available on an ongoing basis.
Debt. Any obligations of the City for the payment of money issued pursuant to the Public Finance
Act of Virginia.
Debt Service Reserve Fund. The fund in which moneys are placed which may be used to pay
debt service if pledged revenues are insufficient to satisfy the debt service requirements.
Designation Policies. Outline how an investor's order is filled when a maturity is oversubscribed
when there is an underwriting syndicate. The senior managing underwriter and issuer decide how
the bonds will be allocated among the syndicate. There are three primary classifications of orders
which form the designation policy: Group Net orders; Net Designated orders and Member orders.
Escrow. A fund established to hold moneys pledged and to be used to pay debt service on an
outstanding issue.
~~ The City of Roanoke Reserve and Debt Management Policies - DRAFT
ROANOKE
12
DRAFT
Expenses. Compensates senior managers for out-of-pocket expenses including: underwriter's
counsel, DTC charges, travel, syndicate expenses, dealer fees, overtime expenses, communication
expenses, computer time and postage.
General Obligations. Bonds issued by the City secured by the City's pledge of its full faith and
credit and unlimited taxing power.
Intergenerational Equity. Equity or fairness principal that those that benefit from a capital
improvement should pay for it.
Legal Debt Margin. The amount of federal obligation bonds and certain other interest bearing
obligations (other than revenue bonds) that the City may have outstanding expressed as a percentage
of the assessed value of real estate in the City as shown on the last preceding assessment for taxes.
Negotiated Sale. A method of sale in which the issuer chooses one underwriter to negotiate terms
pursuant to which such underwriter will purchase and market the bonds.
Option Value - Option valuation is a methodology for evaluating the efficiency of a refunding.
Option valuation calculates the maximum theoretical value of refunding a bond, then expresses the
current refunding savings as a percentage of the maximum theoretical savings.
Pay-As-You-Go. An issuer elects to finance a project with existing cash flow as opposed to issuing
debt obligations.
Present Value. The current value of a future cash flow.
Private Placement. The original placement of an issue with one or more investors as opposed to
being publicly offered or sold.
Rebate. A requirement imposed by Tax Reform Act of 1986 whereby the issuer of tax-exempt
bonds must pay the IRS an amount equal to its profit earned from investment of tax-exempt bond
proceeds at rates exceeding the tax-exempt borrowing rate. The tax-exempt borrowing rate (or
"bond yield") is calculated pursuant to the IRS code together with all income earned on the
accumulated profit pending payment.
Refunding. A transaction in which the City refInances an outstanding issue by issuing new
(refunding) bonds and using the proceeds to immediately retire the old (refunded) bonds.
Revenue Bonds. Bonds issued by the City secured by a specific revenue pledge of rates, rents or
fees.
Tax -Supported Debt. Debt that is expected to be repaid from the general fund tax revenues of
the City. This includes general obligation bonds, appropriation-supported bonds, capital leases and
in certain circumstances moral obligation bonds. For the purpose of this Debt Policy, net tax-
supported debt includes general obligation debt for the City and School Board, certain bonded
capital leases, and any moral obligation bonds for which the City has deposited funds to a debt
service reserve fund as requested to replenish such reserve fund.
~.. The City of Roanoke Reserve and Debt Management Policies - DRAFT
ROANOKE
13
DRAFT
Underwriter. A dealer that purchases new issues of municipal securities from the Issuer and resells
them to investors.
Underwriter's Discount. The difference between the price at which bonds are bought by the
Underwriter from the Issuer and the price at which they are reoffered to investors.
~(i The City of Roanoke Reserve and Debt Management Policies - DRAFT
ROANOKE
14
.'
6nEH'nj No,3
~
1
':' .,
,~
2
;' ,
#;
3
_--I
:':-81
ROANOKE
I
EMPLOYEE HEALTH SERVICES
r preseL Location
. 120 Kirk Avenue
. Rented space
. $2.625/ month $31.500 /
annually
. $594.000: Clinic Budget
r Future sP~ce...
. 107 Church Avenue
. City owned property
. 4,500 square ft.
. Convenient location
6riehhj No. LJ
( ., '~riefing Focus
. Present location
. Focus of the clinic
. Challenges I Problems
. Current Needs
I .
r-Problems I Challenges
II
II-
I
eUnWBlcoming
.Inadequate
eAppears unclean
_limited exam space
_No sinks in exam area
.Mold
_Visible Peeling Paint
Benefits of new design plan
. Adequate lobby space
. Labs
. Exam Rooms
. Restrooms
. Office Space
. Better 'MJrk flow
~ & Funding Source
. Estimated construction costs :$264,494.00
. Funding Source
- Funding previously budgeted for Health
Department move to Civic Mall covered by
Health Department from FY 2010 operating funds
(allows reallocation of previously budgeted
funding)
\. t
,f:,
I~rich'nj No. t5
Roanoke City Council
9:00 a.m. Work Session
Thursday, October 7, 2010
Leaf Collection
Discussion Outline
. Follow-up to changes identified by City Council on September 7,2010
. Afternoon agenda will have recommended amendments to City Code
administrative enforcement fee
paper bag requirement
. Communications plan (attached)
. Tri-fold mailer (attached)
. Mulch-mowing and compostingvideos
. Assistance for senior citizens and physically challenged
"
I
Communication Plan for 2010 Bagged Leaf Collection Program
Communication action I Action date
Responsible person
Mail: Begin to prepare leaf collection mailer 9/8/2010
with trash schedule change for Thanksgiving week
via Best Mailing (pending Council decisions)
Christina Koomen
Myroanoke (and media): 1st announcement of program 10/8/2010
encouraging residents to prepare for leaf season
Christina Koomen
SWM website: Post program details 10/8/2010
Kenny Lang
Neighborhoods: Work through Bob Clement 10/8/2010
to have PDF copy of program information distributed
to all neighborhood organizations for further
distribution and use in newsletters. Also provide copies
of new DVD's (for those that can use it).
Skip Decker
Telephone message: Re-record 853-2000 phone tree 10/8/2010
to add leaf message using Option 6 placed at start of
greeting (through Rhonda Scott)
" Ski p Decker
City website: Add link from main page of 10/8/2010
the City's website to SWM website regarding
leaf program.
Leah Goodman
Mailer to be sent out
10/8/2010 Christina Koomen
10/8/2010 Christina Koomen
10/8/2010 Christina Koomen
10/8/2010 ,Goodman and Lang
10/8/2010 Koomen and Mayo
10/22/2010 Christina Koomen
10/22/2010 Skip Decker
10/22/2010 Skip Decker
11/5/2010 Christina Koomen
Civic Center marquee: post phone number to
call for leaf information
Lamar: Post message on electronic billboard
Libraries: Post copy of leaf information in
all libraries with extra copies at countertops
Social media: Place leaf information on
Facebook and Twitter (Main Page and SWM)
RVTV: Run information on message board
as well as new videos.
Myroanoke: Second announcement of leaf
program
Extra mailers at City Hall Info desk
Myroanoke: Final announcement of leaf
program
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Leaf collection in the City of Roanoke for the fall season in 2010 will only allow paper
bags for leaf collection. The city will not collect plastic leaf bags during collection weeks,
nor will it provide free or paid collection of loose leaves.
Bagged leaves and regular bulk items will be collected on alternating weeks:
Beginning
Monday, November 15
Ending
Friday, December 17
"Week Of: *Collect:
-Z,~??~~':,:,:.,,~~,~? ( ~_; :'.,,~~-t.~~:J;;?~ ," :',~' c '-'[~,,!:"'~ -,': \~'_:75':'_',-,'~"~~ :,i ,-~~-::~:~~{" :-;;/.~ ij' " ~', ;.-r}',._i'.-~~:<!'-.
:,'i';;;';':f~Ov.em beb15~~,.; ,~p;, :',: ,~Ra n:er~l1eaf7Ba:g' Sf.~1il0~BUI R;,Xb~ o~Bi:lfjS
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November 22 Bulk Only / No Brush Bottles & Cans
~~l~~,~~~~~,;'3~L~ ~~r~~~B'a;YL~p;;6~1~~~ifQ~] ~~'7~'~}i.
December 6 Bulk Only / No Brush Bottles & Cans
~i:~~>'~'~~s~~f;Q~!f;;J21i7~ri:'~ &fP~'~~,~~~e,~ft~~g~.>tffi,Q~~~r~~{~l~f~i~f~~,~b;!
. Note: NO regular brush will be collected during leaf collection weeks,
.. An easy way to remember: Paper leaf bags will be collected the same week as,Paper recycling,
Citizens shall use biodegradable paper leaf bags of 30 gallon capacity or greater.
Bags are available from local hardware stores and home centers.
Households may put an UNLIMITED NUMBER of PAPER bags of leaves to the
curb per collection ~eek.
Reminder: As of 9/8/2009, it is a violation of City Code section 14.1 to rake loose
leaves into the city's right-of-way. City inspectors will cite violations of this code. If
loose leaves and/or plastic bags of leaves remain in the right-of-way after a 72-
hour removal notice, the city will have the leaves removed and biUthe adjoining
parcel owner for the cost of removal and assess a $50 adminstrative enforcement
fee.
For questions about Leaf Collection, call 853-2000 and select option 6.
. Thanksgiving Week - Trash & Recycling collected one day early - No Collection Nov. 25 & 26
. Christmas & New year's Weeks - Trash & Recycling collection on regular schedule
For questions about Trash & Recycling, call 853-2000 and select option 1.
All information above is only for properties located within the City of Roanoke.
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Restoring and rejuvenating
the City Market Building
· Design that honors the past
· Better connects space to the
Farmer's Market
· Provides modern infrastructure
· Makes building fully accessible
· Creates sustainable operation
~1 , ~~2~~~~;=~::~==~~ .
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Construction Status
· Abatement Work.. Substantially Complete
· Interior Demolition - 600/0 Complete
· Top Floor Framing - 350/0 Complete
· Utility Replacement (Wall I Market) - 500/0
Complete
· Completion Target: 3rd Week in October
Demo Discovery
':7
Communications Process
· Ongoing Communication by City "Team"
- Frequent visits to businesses
)) Lisa Soltis (Economic Development)
)) Eddie Persinger (Engineering)
- Website - weekly updates
)) Melinda Mayo, Leah Goodman (Office of
Communications)
- Facebook page, Lisa Soltis
- Coordination w/DRI events, etc., Lisa Soltis
- RVTV Spots I PSA's I DRI Campaign
Our Goal
Restore the City Market Building
to its former prominence while upgrading
infrastructure and amenities to create a
sustainable centerpiece for the vibrant
future of our downtown and region.
QUESTIONS?
.-
CITY COUNCIL REPORT
"
To:
Meeting:
Subject:
Honorable Mayor and Members of City Council
October 7, 2010
Provisions of Draft Lease: City Market Building
Attached are the salient provisions of the proposed lease of the City Market
Building as we discussed this morning at your work session. I have highlighted
the sections of the proposed lease that deal with intended use of the property
and related direction on the tenanting of the property ,along with provisions
related to a proposed 'right of first offer' to tenants previously in the facility_
The drafting and review of this lease was undertaken by City staff (City
Manager's Office), the City Attorney's Office, Bruce Stockburger, our legal
advisor/consultant on the tax credit structu re(s), Sam Darby, legal counsel to
the Market Building Foundation Board, and members of the Market Building
Foundation Board. The drafting undertaken was intended to strike a balance
between expressing the inte'nt of the City to the Lessee as to the use of the
building (and carried forward to any sub-Lessees) while at the same time not
having the City have what could be perceived as retaining specific operational
control of the facility, and thereby having adverse impact on the ability to use
state and federal tax credit financing structu re for the project.
If you have any questions regarding the attached, do not hesitate to contact me.
Thank you.
'~~' -~ uJ
./; . 1tr1L~,
--------------------------
BRIAN TOWNSEND
Assistant City Manager
Distribution:
Council Appointed Officers
Chris Morrill, City Manager
7965/27/3378023v9
LEASE AGREEMENT (pROPOSED)
between
THE CITY OF ROANOKE, VIRGINIA
and
LEASE AGREEMENT
THIS LEASE AGREEMENT, dated on October 19, 2010 (this "Lease"), IS made
between the CITY OF ROANOKE, VIRGINIA ("Lessor"), and
("Lessee") (collectively, the "Parties").
WHEREAS, Lessor is the owner of the historic City Market Building, located at 32
Market Square, S.E., Roanoke, Virginia; and
WHEREAs~r
from the Lessor; and
r 5: 2010, so that it may
verall development plan
WHEREAS, the City Market Building was closed on Sep
be renovated and then re-leased for commercial use consistent .
for Downtown Roanoke; and
WHEREAS, Council for the City of Roanoke (~~~ nci1), pu
~ 15.2-2100 et seq., publicly invited bids for the~pY()vation and leasing
Building, and properly advertised an ordinance pr,,,,fftr . to gt t this Lease; a
,;/I..'i:i-'.;-
WHEREAS, City Council received
Lessee to perform the renovation and leasing of the City
of Ordinance Number 'pted on
----.:2.) qualified bids and selected
Building, through the adoption
; and
,ro'.~ct, the Lessee desires to lease the Project
se the Project to the Lessee, upon the terms and
'to a B ,w ut Option executed by the Parties of even date herewith,
ut ana terminate this Lease (the "Citv Option");
NOW,
well as other con
Parties do agree as fol
in consideration of the mutual promises provided for herein, as
receipt and adequacy of which is hereby acknowledged, the
1
7965/27/3378023v9
DEFINITIONS
Capitalized terms not otherwise defined herein shall have the following meanings:
"Casualty" shall occur if the Premises or any part thereof is damaged or destroyed by fire,
flood or other risk normally covered by insurance.
"Code" means the Internal Revenue Code of 1986, as amended, and any treasury
regulations or published rulings and procedures promulgated thereunder.
"Commencement Date" shall be as of October J9, 2010.
"Compensation" shall mean all awards, compensations and Insurance payments on
account of any Condemnation or Casualty.
"Condemnation" shall occur if the use, occupancy or title of the Premises or any part
thereof is taken, requisitioned or sold in, by or on account of any actual or threatened eminent
domain proceeding or other action by any person having the power of eminent domain.
"Construction Contracts" shall mean, collectively, (1) the construction contract dated
June 22, 2010, between the City and Martin Bros. Contractors, Incorporated (d/b/a MB
Contractors, Inc.) (as amended); (2) the architectural and engineering contract for professional
services dated January 29,2009, between the City and Cunningham+Quill Architects, PLLC, as
amended (the "A&E Contract"); (3) the environmental inspection and testing services contract
dated September 9, 2010, between the City and ECS - Mid-Atlantic, LLC; (4) the contract for
LEED commissioning services dated April 19, 2010 between the City and 2rw Consultants, Inc.;
(5) the contract for architectural historian services dated November 3, 2009, between the City
and Hill Studio, P.c., (as amended) and (6) any other associated expenses incurred by the City
related to services to be provided to the Project. '
"Construction Term" shall mean the term beginning as of June 22, 2010, and ending on
the later of May 31, 2011, or the earliest date on which a certificate of occupancy is issued for
the Premises.
"Event of Default" shall have the meaning provided for in Section 7.01(a).
"Environmental Laws" shall have the meaning provided for in Section 5.05(a)(i).
"FEMA" shall mean the Federal Emergency Management Agency.
"Governmental Unit" shall have the meaning provided for in Section 5.05(a)(iii).
"Improvements" shall be defined collectively as all additions, changes, demolition and
other such work undertaken by the Lessee in the Project.
"Indemnified Parties" shall mean Lessor, any official, director or employee of Lessor, as
well as those of their respective agents, employees, invitees which are related to the Premises or
the Project.
2
7965/27/3378023v9
"Legal Requirements" shall mean all laws, ordinances and regulations and other
governmental rules, orders and determinations presently in effect or hereafter enacted, made or
issued, whether or not presently contemplated applicable to the Premises or the ownership,
operation, use or possession thereof and (including by way of speculation and not of limitation)
any leasehold taxes.
"Lessee" shall mean
"Lessor" shall mean the City of Roanoke, Virginia.
. "Net Proceeds" shall have the meaning provided for in Section 6.01(b).
"Parties" shall mean the Lessor and the Lessee, collectively.
"Premises" shall mean the City Market Building, including the surrounding sidewalks,
located at 32 Market Square, S.B., Roanoke, Virginia, as more particularly described on
Schedule A hereto, which is made a part hereof.
"Regulated Substances" shall have the meaning provided for in Section 5.05(a)(i).
"Restoration Cost" shall be the maximum cost, agreed upon by the Lessee and Lessor, of
rebuilding, replacement, or repair of the Premises after Condemnation or Casualty.
"Rent" shall mean $
per year.
"Severable ProJlertv" shall mean any items of personal property, as defined under
Virginia law.
"Term" shall mean the period of time running from the Commencement Date until the
fortieth anniversary hereof.
ARTICLE I
Section 1.01. Lease of Premises; Title and Condition. In consideration of the rents and
covenants herein stipulated to be paid and performed by Lessee and upon the terms and
conditions herein specified, Lessor hereby leases to Lessee, and Lessee hereby leases from
Lessor, the Premises. The Premises are leased to Lessee in their present condition without
representation or warranty by Lessor and subject to the existing state of title, and to all applicable
Legal Requirements now or hereafter in effect. Lessee has examined the Premises and has found
all of the same satisfactory for all purposes.
Section 1.02. Sublease and Use. The Parties acknowledge and anticipate that Lessee,
after completion of the renovation, may sublease the entire completed Premises to, a sublessee
under a master sublease in order to facilitate any tax credit financing that Lessee may utilize.
Furthermore, Lessor acknowledges and anticipates that such a sublessee, may in turn master
sublease the entire Premises to yet another master sublessee, which will ultimately manage the
Premises through yet other subleases for specific space within the Premises. Any and all
subleases shall require compliance with the applicable terms of this Lease, induding Section
3
7965127/3378023v9
1.02. The Lessor acknowledges the potential existence of such subleases and agrees to honor the
terms of such valid subleases. Lessor agrees to enter into such reasonable non-disturbance,
subordination and attornment agreements as may be requested by any valid sublessee and/or its
lender.
During the Construction Term Lessee shall use the Premises for the sole purpose of
undertaking the renovation thereof in conformity with the requirements of Section 2.02.
After the Construction Term, the Lessee shall operate and manage, or cause to be
operated and managed, the Premises as a publiC place, which may include appropriate retail
sales, restaurant and food, court vendors, and an area for public and private assemblies and
gatherings. Lessee will endeavor to sublease the Premises, or cause the Premises to be subleased
by a master subtenant(s), to a variety of tenants operating locally and regionally-based businesses
(meaning based in the City of Roanoke, Roanoke County or a contiguous 10cality)("Intended
Tenants"), but in the event that Lessee (or its master subtenant(s)) is not able to identify Intended
Tenants that, in Lessee's opinion (or the opinion of its master subtenant(s)), are financially able
to enter into subleases for reasonable terms as determined by Lessee (or its master subtenant(s)),
then Lessee (or its master subtenant(s)) may sublease the Premises to other businesses. The
Lessee (or its master subtenant(s)) shall not use the Premises for any other purpose without first
obtaining the written consent of the Lessor, which consent J.,essor agrees to not unreasonably
withhold. After completion of the renovation, Lessee (or its master subtenant(s)) agrees to keep
the Premises open to the public as many hours of the day and as many days of the week as the
Lessee (of its master subtenant(s)) deems to be commercially reasonable for the successful
operation of the Premises as a whole. '
For purposes of this Lease, any tenant that occupied the Premises as of July 1, 201 0, who
waS not in default and was current on all rental payments as of September 4, 2010, shall be
deemed to be an Intended Tenant ("Prior Intended Tenants"), Lessor will provide to Lessee the
identity of and contact information for each of these Prior Intended Tenants on or before
November I. 2010. Lessee agrees to provide, prior to offering spaces to other potential tenants, a
notice to any such tenam that it shall have an Option of First Offer ("Option") to sublease from
Lessee a similar space in the renovated Premises. The Lessee's notice shall provide that, in order
10 exercise such Option, the tenant shall provide wrjtten notice to Lessee of tenant's intent to
lease such similar space within 30 consecutive calendar days of receipt of the Lessee's notice..
The tenant's failure to provide Lessee with a timely written notice shall result in the tenant's
forfeiture of the Option. On receipt of the tenant's written notice, Lessee wi 1\ provide the tenant
with a form sublease containing terms and conditions acceptable to Lessee and shall thereafter.
for a period of fOlty-five (45) consecutive calendar days, attempt to enter into a new sublease
with the tenant. If Lessee and the tenant are not able to successfully negotiate and execute a new
sublease on or before the end of the forty-five (45) day period, then that tenant's Option of First
Offer shall automatically expire and be null and void, unless the Lessee and tenant mutually
agree to extend such time period.
Lessee shall offer to a Prior Intended Tenant that exercises the Option, as part of an
executed sublease agreement, an amount of build-out assistance of up to the following amoums,
subject to available project funds:
4
7965127/3378023v9
Retail J Non-Food Service Businesses
$15,000
$35,000
Food Service Businesses
All such build-out assistance shall be expended only on or for items and/or improvements
that shall remain on the property of the Lessor upon the termination of any sublease, and may not
be used for the acquisition of any personal property of the Prior Intended Tenant. Lessee shall
have the sole discretion to negotiate in good faith with Prior Intended Tenants that exercise the
Option, to substitute terms and conditions of a sublease agreement that may be of equivalent
value and/or benefit to the tenant as the build-out assistance described above.
Section 1.03. Term. This Lease shall run for the Term, unless terminated by the City
Option or by law, or extended by mutual written agreement of the Parties.
Section 1.04. Rent. Unless an Event of Default is occurring, Lessee shall pay no rent
during the Construction Term. During the portion of the Term not constituting the Construction
Term, or if an Event of Default occurs and is continuing during the Construction Term, Lessee
shall pay to Lessor, in immediately available funds without prior notice or demand, the Rent. If
Rent is paid annually, Rent shall be due no later than the 1st day of June of each year of the
Term. If Rent is to be paid quarterly, Rent payments shall be paid in advance of the first day of
each calendar quarter for the Terrri.
Each rent payment shall be paid in lawful money of the United States of America. Rent
shall be paid to Lessor as set forth in writing by Lessor to Lessee, or to'such other person as
Lessor from time to time may designate. Lessor shall give Lessee not less than fifteen (15) days'
notice in writing of any change in the address to which such payments are to be made.
ARTICLE II
Section 2.01. Maintenance, Repair and Utilities.
(a) Lessee shall be liable for and shall repair or restore any loss or damage of
the Premises caused by the negligence or intentional acts of Lessee; by the negligence or
intentional acts of its guests, invitees, agents, employees, or representatives; or by
vandalism, malicious mischief, or any risk normally covered by insurance.
(b) Lessee shall pay all utilities related to the Premises.
Section 2.02. Construction. Lessee shall make Improvements and otherwise undertake
the Project as described in and subject to all terms of the Construction Contracts, which are
incorporated herein as if fully restated. To the extent the City makes any payments under these
contracts prior to their assignment to Lessee, Lessee will reimburse the City for those payments.
Lessee further warrants as follows:
(a) In no event shall the fair market value, the utility, the square footage or the
useful life of the Premises be lessened by the Project;
5
7965/27/3378023v9
(b) The Project shall be expeditiously completed in a good and workmanlike
manner during the Construction Term, in compliance with all applicable Legal
Requirements and the requirements of all insurance policies required to be maintained by
Lessee hereunder.
(c) The Project shall be performed in accordance with the Interior
Department's "Standard for Rehabilitation" and the terms and approvals of the National
Park Service and the Virginia Department of Historic Re~ources;
(d) Lessee shall furnish Lessor with such surety bonds or other security
acceptable to Lessor as shall be necessary in Lessor's opinion to assure rebuilding of such
Improvements; and
(e) All additions and alterations, rehabilitation, renovations and repairs of the
Premises, except for Severable Property, without consideration by Lessor, shall be and
remain part of the Premises and the property of Lessor and shall be subject to this Lease.
Section 2.03. Taxes. Lessee shall pay any and all real estate taxes, including leasehold
taxes, and assessments levied with respect to the Premises and any and all taxes and assessments
associated with Lessee's use of the Premises assessed by any public authority having
jurisdiction, as the same may become due and payable, during the term of this Lease or any
extension. Any such taxes or assessments with respect to tax years which extend prior or
subsequent to the date of commencement or termination of this Lease shall be prorated for the
portion of such tax year that the Lease is in effect. In the event that any or all of Lessee's
leasehold improvements, equipment, furniture, fixtures, and other personal property shall be
assessed and taxed with the real property, Lessee shall pay to Lessor its share of such taxes
within ten (10) days after delivery to Lessee by Lessor of a statement in writing setting forth the
amount of such taxes applicable to Lessee' s ,property.
ARTICLE III.
[reserved]
ARTICLE IV
Section 4.01. Transfer or Pledge by Lessor. Lessor shall be free to transfer its interest
in the Premises or any part thereof or interest therein, subject, however, to the terms of this Lease
and applicable law. A transfer of such interest shall relieve the transferor of all liability and
obligation hereunder (to the extent of the interest transferred) accruing after the date of the
transfer, provided that such transferee specifically assumes such liabilities in a written instrument
delivered to Lessee. Lessor shall be free to pledge or mortgage its interest in the Premises to the
extent allowed by law, and this Lease is and shall be subordinate to any mortgage, and Lessee
shall execute any subordination agreement requested by such mortgagee.
Section 4.02. Assignment of Lease Agreement. The Lessee (a) consents to any
assignment of this Lease by the Lessor; (b) agrees to execute and deliver such further
acknowledgements, agreements and other instruments as may be reasonably requested by the
Lessor to effect such assignment; (c) agrees to make all payments due to the Lessor under this
6
7965/27/3378023v9
"""",,""''1!!f!f')''
-~','.' ,-~??"zP4i,Y;/
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,.'
Office of the Mayor
CITY OF
WHEREAS, the success of any organization is contingent upon a workplace
where the administration encourages a workforce which serves,
appreciates, respects, and values the variety of differences that
exist in a shared community; .
WHEREAS, the city administration formed a Diversity Advisory Council of
employees who have volunteered to develop and implement
strategies to embed inclusion in our culture and core values and
who serve as in~lusion champions for the organization,'
WHEREAS, the Council actively seeks to promote diversity as an integral part
of excellence; and to discourage discrimination based on race,
ethnicity, gender, age, socioeconomic status, and other factors
which deny the essential humanity of all people;
WHEREAS, the Diversity Advisory Council emphasizes the benefits of elevating
the performance of the organization by respecting, celebrating,
and embracing the collective mixture of differences and
similarities of our employees;
WHEREAS, our behaviors will demonstrate open communication, seeking
opportunities to learn, recognize, and reward actions that promote
acceptance while suspending judgment; and a variety of diversity
and inclusion initiatives will be conducted which will highlight
these behaviors; and
WHEREAS, the Diversity Advisory Council will continue to promote a
welcoming, inclusive, and open work environment that delivers
excellent service and creates a more vibrant and inviting
community.
NOW, THEREFORE, I, David A Bowers, Mayor of the City of Roanoke,
Virginia, do hereby proclaim October 2010, throughout this great All-America
City, as
DIVERSITY AWARENESS MONTH.
Given under our hands and the Seal of the City of Roanoke this seventh day of
October in the year two thousand and ten.
ATTEST:
~ m. I/}dhV
Stephanie A{ Moon
City Clerk
~
David A Bowers
Mayor
~
Office of the Mayor
CITY OF
WHEREAS, the Commonwealth of Virginia and the City of Roanoke
support a healthy and safe environment for our children, and
are dedicated to the protection of the health of all Roanoke
children;
WHEREAS, lead-contaminated paint and soil are commonly found in
older homes, specifically pre-1978 built homes, and is the
primary source: of lead exposure of children;
WHEREAS, lead poisoning, which is an increased level of lead in the
blood, has no obvious symptoms, and is especially
dangerous for children under six years of age, causing
serious irreversible health problems effecting nearly every
system in their body; and
WHEREAS, it is vital that all citizens, especially parents and child
caregivers, are aware of the dangers of lead poisoning and
seek appropriate blood screening for their children as a
preventative measure.
NOW, THEREFORE, I, David A. Bowers, Mayor of the City of Roanoke,
Virginia, call upon all citizens, families, agencies, governments, and
businesses to join in the efforts of our Commonwealth and Nation to
observe this important event by learning more about childhood lead
poisoning; by identifying and eliminating lead hazards; and by ensuring
that all children under the age of six who are at risk for lead poisoning
seek appropriate blood screening as a preventative measure, and, do
hereby proclaim the week of October 25 - 31,2010, throughout this great
All-America City, as
NA TlONAL LEAD POISONING PREVENTION WEEK.
Given under our hands and the Seal of the City of Roanoke this seventh
day of October in the year two thousand and ten.
ATTEST:
David A. Bowers
Mayor
~ rn.IY\OfhU
Stephanie M. ~
City Clerk
~
CITY COUNCIL AGENDA REPORT
To:
Meeting:
Subject:
Honorable Mayor and Members of City Council
October 7,2010
Request Public Hearing for Juice Do It, LLC, d/b/a The Break Room
Cafe to Lease Space in the Municipal Building Located at 215
Church Ave., SW
Background:
Anthony Vaugn Owens, owner and operator of Juice Do It, LLC, d/b/a The Break
Room Cafe, has expressed a desire to lease approximately 998.25 of square
feet of space in the Municipal Building located at 215 Church Ave., SW, to
operate a restaurant serving breakfast and lunch. The lease term requested is
for an initial term of one year, with the option to renew up to four additional
terms of one year each, upon the same terms and conditions and upon the
mutual agreement of the parties at a sum of Three Hundred Twenty Eight
Dollars and Thirty Three Cents ($328.33) for the months of January, February,
March, April, May and December, a sum of Two Hundred Twenty Eight Dollars
and Thirty Three Cents ($228.33) for the months of June, July and August, and
a sum of Four Hundred Twenty Eight Dollars and Thirty Three Cents ($42~.33)
for the months of September, October and November. The monthly rates under
this proposal vary based on anticipated volume of business throughout the
year.
Recommended Action:
Authorize the scheduling and advertising of this matter for a public hearing on
October 18, 2010, at 7:00 p.m.
CHRISTOPHER P. MORRILL
City Manager
Distribution: Council Appointed Officers
R. Brian Townsend, Asst. City Manager for Community Development
Sharon T. Lewis, Purchasing Manager
Robert B. Ledger, Economic Development Manager
Cassandra L. Turner, Economic Development Specialist
Joshua L. Mabrey, Tax Compliance Supervisor
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Ann H. Shawver, 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 Director of Finance of the City of Roanoke, for a term of two years commencing
October 1, 2010, and ending September 30, 2012, according to the best of my ability
(So help me God).
(!)-~O\\N~ __
Subscribed and sworn to before me this!Lday of Jfld-201 O.
BY.
OF THE CIRCUIT COURT
L:ICLERK\DAT AICKSM1 10athslCouncil Appointed OfficerslReappointments.doc
Oath or Affirmation of Office
Commonwealth of VirginLa, City of Roanoke, to-wit:
I, Stephanie M. Moon, 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 1 will faithfully and impartially discharge and perform all the duties incumbent upon
me as City Clerk of the City of Roanoke, for a term of two years commencing October 1,
2010, and ending September 30,2012, according to the best of my ability (So help me
God).
~1;~ 'ht-ICJUhI;
I J. I
, )
/
Subscribed and sworn to before me this3ct'-day of ~fr,J.Ul201 O.
BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT
CLERK
L:ICLERK\DAT AICKSM110athslCouncil Appointed OfficerslReappointments,doc
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, William M. Hackworth, 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 City Attorney of the City of Roanoke, for a term of two years commencing
October 1, 2010, and ending September 30,2012, according to the best of my ability
(So help me God).
lJ~ lA. ~
Subscribed and sworn to before me this ~o'11tay 0~JA."-2010.
BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT
B
L:\CLERK\DAT AICKSM110athslCouncil Appointed OfficerslReappointments.doc
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Troy A. Harmon, 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 Municipal Auditor of the City of Roanoke, for a
term of two years commencing October 1, 2010, and ending September 30,
2012, according to the best of my ability (So help me God).
/""'7 -/ -1'-./
Subscribed and sworn 10 before rne Ihi~Y 01iSe~
2010.
BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT
,~
L:\CLERK\DA T A\CKSM1 \Oaths\Council Appointed Officers\Reappointments,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
CECELlA T. WEBB
Assistant Deputy City Clerk
October 8, 2010
Ann H. Shawver, Secretary
City of Roanoke Finance Board
Roanoke, Virginia
Dear Ms. Shawver:
This is to advise you that Brian K. Redd has qualified as a Citizen representative of the
City of Roanoke Finance Board, for a term of office ending June 30,2012.
Sincerely,
.~ Yn'~olMJ
Stephanie M. Moon, CMC "-
City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Brian K. Redd 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 Citizen representative of the City of Roanoke Finance Board for a term ending
June 30, 2012, according to the best of my ability (So help me God). .J
13~ ii4
. "Tft'~
Subscribed and sworn to ~efore me this~ day 0~~010.
BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT
B
LERK
L:\CLERK\DA T A \CKSMI \OathsIFinance Board\Brian K Redd 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
CECELlA T. WEBB
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
October 8, 2010
Candace R. Martin, Secretary
Architectural Review Board
Roanoke, Virginia
Dear Ms. Martin:
This is to advise you that Warner N. Dalhouse has qualified as a member of the
Architectural Review Board for a four-year term of office ending October 1,2014.
Sincerely,
uJ.~ 161. Yh ~lhV
Stephanie M. Moon, CMC ~
City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Warner N. Dalhouse, 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 Architectural Review Board for a term offour years ending October 1,2014,
according to the best of my ability (So help me God).
~4~
Subscribed and sworn to before me this / &! of ~201 O.
BRENDA S. HAMILTON, CLERK OF TI:lE CIRCUIT COURT
BY'~
L:\CLERK\DAT A \CKSM I \Oaths\Architectural Review Board\Wamer Dalhouse oath. doc
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Bronx Bus Stop Crash Caught
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Suspect in fatal bus stop crash released
Posted: Aug 22, 20.109:55 PM EDT
Updated: Aug 23,20105:31 PM EDT'
By Duane Shimogawa - biQ I ~
WA}PAHU (HawaiiNewsNow)- A woman is dead after a car
slammed into a Waipahu bus stop she was waiting at_
Police have arrested the driver, 41-year-old Richtenson Alyphios
for negligent homidde and failure to render aid.
His passenger, 40-year-Old Salome Simion was also arrested for
failure to render aid after they both fled the scene.
HonoluJufirefighters removed the body of a 68-year-old woman.
She was lifeless and pinned underneath a Ford Taurus for nearly
three hours.
At around 8:30 AM Sunday, AlyphioS and Simion were traveling
westbound on Farrington Highway at Paiwa Street, when they
lost control and slammed into a bus stop,
'there were two females within the bus stop, 68-year-Old female
pronounced dead at the scene and a 67-year.old female was in
good condition at Saint Francis West," Honolulu Police
Department major Thomas Nitta said.
Witnesses were either sleeping or just getting up when they
heard a loud noise,
"1 was makIng my coffee around eight oh clock and we just
heard a bang, loud one, I thought it was just a collision, but
when we went down, they banged the bus stop," Witness Bobby
Poblete said.
Jay-ar Rivera lives Tight up the street and heard the emergency
crews speeding through the area.
n} woke up 'cuz I just live right up the street, I heard aU the
sirens comIng down, so I didn't bother, I just looked and} went
back in," he said.
Warren Gungabaylo uses that bus stop every morning. He says
it.s a freak accident, but he'll still be on guard the next time he.s
at any bus stop,
"I feel bad, I scared already, I dun no, anything can happen," he
said.
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'__:;.....~.,.;, .': ..i':,; "
.. . . ~"-:::i>.'.:;:.\ -
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Thomas Nitta
Bobby Poblete
Warren Gungabaylo
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~ Click image to enlarge
UPDATED: Woman loses leg
after accident at North
County bus stop
Updated: 10 days ago
St.Louis, MO (KSOK) - Authorities now believe a
man suffered a drug ollerdose before ccashing into
a bus stop.
The accident happened Friday afternoon in Beverly
Hills near Natural 8ridgeand Lucas & Hunt.
An official with the Northeast Fire Protection District
said there is r-eason to believe the man overdosed
on heroin before the accident.
It all started as "."10 ~'...omen were sitting a bus stop,
waiting for the bus along Natural Bridge.
Around 3:45 p.m.. authorities said a man was
driving a small car down Natural Bridge heading
toward Lucas and Hunt. The man's car suddenly' left
his ~ne heading straight toward a bus stop.
At least two women were sitting dO\.lIn when the car
smashed into bus stop. The car lceptgolng15 to 20
feet before it finally stopped. The driver and the two
women were taken to area hospitals. One of the
women's injuries included broken legs.
The other victim had such severe injuries thal one
of her legs had to be amputated. Both victims were
listed in critical condition Friday. Authorities say the
driver was treated for minor injuries.
No charges have bean filed al this time.
KSOK
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@ Street Side Factors
@ Curb Side Factors
@ System Performance Factors
~Y~[E[EY ~~[D
@ On Street Parking
@ Delivery Zones
@ Proximity to Driveways (Residential and
Commercial)
@ Proximity to Intersections (Near Side vs. Far
Side)
@ Adequate Parallel Space at Curb
@ Adequate Setback,
Spacing, and Surface
Anchoring for
Stanchion Installation
@ Adequate Setback and
Access Space for
Shelters
@ Well Lit From Existing
Street Lights and
Businesses
@ HighlyVisible and Free
of Obscure, Covert,
Recessed Backdrops
(lUJ~~ ~~[Q)~
@ Free of Obstructions to
Safe Boarding and
Alighting
@ Paved, Smooth, Firm,
Stable, Slip Resistant
Surfaces
@ Available Stanchions
Free of Sign Clutter
~V~Y~M ~~~lFy~M ~CC~
@ Designated Stops
Quarter of a Mile (1320
feet) apart
@ Designated Stops
Assures Reliability of
Communication and
Customer Expectation
@ Designated Stops
Assures Consistent
Driver Response to
Boarding and Alighting
(All Drivers; All Routes)
@ Designated Stops Assures
Reliable On time
Performance and Transfers
@ Designated Stops Assures
Reliable Running Time
Adjustments When Other
Factors Prompt It
@ Designated Stops Mitigate
Traffic Flow Impediments
@ Designated Stops Assures
Passenger Safety and
Security
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~~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 7th day of October, 2010.
No. 38958-100710.
A RESOLUTION, authorizing acceptance ofthe FY2011 Fire Programs Funds Grant made to
the City of Roanoke by the Virginia Department of Fire Programs, and authorizing execution of any
required documentation on behalf of the City.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City Manager is hereby authorized on behalf of the City to accept from the
Virginia Department of Fire Programs the FY20II Fire Programs Funds Grant in the amount of
$269,766, with no local match, such grant being more particularly described in the report of the City
Manager to Council dated October 7,2010.
2. The City Manager is hereby authorized to execute and file, on behalfofthe City, any
documents setting forth the conditions of 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 by the Department of Fire Programs in connection with the acceptance ofthe foregoing
grant.
ATTEST:
~m.~<lv0
'City Clerk.
~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 7t):1 day of October, 2010. -
No. 38959-100710.
AN ORDINANCE appropriating funding from the Commonwealth of Virginia for the
Fire Program 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
Expendable Equipment <$5,000
. Training and Development
Wearing Apparel
Recruiting
Regional Fire Training Academy
Regional Fire Training Burn Building
Revenues
Fire Program FY11
35-520-3340-2035
35-520-3340-2044
35-520-3340-2064
35-520--3340-2065
35-520-3340-9073
35-520-3340-9508
$ 73,283
10,000
81 ,483
5,000
60,000
40,000
35-520-3340-3340
269,766
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
~ trI. hi OUy0
City Clerk. ~
CITY COUNCIL AGENDA REPORT
To:
Meeting:
Subject:
Honorable Mayor and Members of City Council
October 7,2010
Department of Fire Programs Grant
Background:
The Fire Programs Fund was established by the General Assembly during the
mid 1980s. Program guidelines require that funds received are non-
supplanting and may not be used to replace existing local funding. Funds must
be used in accordance with the provisions established by the State Department
of Fire Programs. '
The City of Roanoke's FY10 allocation of $269,766 from the Department of Fire
Programs was deposited into account 35-520-3340.
The Roanoke Fire-EMS Department will be using these funds for the following
items: '
Expendable Equipment < $5,000
Training and Development
Wearing Apparel
Recruiting
Regional Fire Training Academy
Regional Training Center Bu rn Bu ilding Repayment
Total:
$ 73,283
$ 10,000
$ 81,483
$ 5,000
$ 60,000
$ 40,000
$269,766
Considerations:
Accept funds totaling $269,766 from the Department of Fire Programs to be
used as described above.
Recommended Action:
Authorize the City Manager to accept the grant and file any documents,
approved as to form by the City Attorney, setting forth the conditions of the
FY2011 Fire Programs Funds Grant, and to furnish such additional information
as may be required.
Adopt the accompanying budget ordinance to establish a revenue estimate for
Fire Program FY11 - State ~andto appropriate funding in the amount of
$269,766 in the following expenditure accounts:
35-520-3340
-2035: $73,283
-2044: $10,000
-2064: $81 ,483
~2065: $5,000
-9073: $60,000
-9508: $40,000
-
CHRISTOPHER P. MORRILL
City Manager
Distributi.on: Council Appointed Officers
2
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
October 8,2010
CECELlA T. WEBB
Assistant Deputy City Clerk
Municipal Code Corporation
P. O. Box 2235
Tallahassee, Florida 32316
Ladies and Gentlemen:
I am enclosing copy of Ordinance No. 38960-100710 amending and reordaining Section
14.1-3, Litterino, Section 14.1-17, Placement of brush. bulk brush. lawn rakinos and
baaoed leaves for collection by the city, and 14.1-23, Placement and collection of bulk
items. brush and baaoed leaves, of Chapter 14.1, Solid Waste Manaaement, of the
Code of the City of Roanoke (1979), as amended.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Thursday, October 7, 2010; and is in full force and effect upon
its passage.
Sincerely,
~. m, IYJOIhv
Stephanie M. Moon, CMb-
City Clerk
Enclosure
pc: The Honorable Brenda S. Hamilton, Clerk, Circuit Court
Ronald S. Albright, Clerk, General District Court
David C. Wells, Clerk, Juvenile and Domestic Relations District Court
Chief Magistrate, Office of the Magistrate
Lora A. Wilson, Law Librarian
Christopher P. Morrill, City Manager
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
R. Brian Townsend, Assistant City Manager for Community Development
Skip Decker, Manager, Solid Waste Management
~
~'d-</NO
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
-The 7th day of October, 2010.
No. 38960-100710.
AN ORDINANCE amending and reordaining Section 14.1-3, Littering, Section 14.1-
17, Placement of brush. bulk brush. lawn rakin~s and bagged leaves for collection by the city,
and Section 14.1-23, Placement and collection of bulk items. brush and bagged leaves, of
Chapter 14.1, Solid Waste Management, ofthe Code of the City of Roanoke (1979), as amended;
and dispensing with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. Chapter 14.1. Solid Waste Management, of the Code of the City of Roanoke
(1979), as amended, is hereby amended and reordained, to read and provide as follows:
Sec. 14.1-3. Littering.
* * *
(g) Upon the failure, neglect or refusal of the owner or occupant upon whom
notice has been served pursuant to subsection 14.1-3(f) of the City Code to
comply with such order, the city manager may have the removal
performed by city personnel or a private contractor. The city manager
shall keep an account of the cost for such removal and shall bill the owner
or occupant responsible for placing the solid waste within the right-of-way
plus an administrative processing fee of one hundred dollars ($100.00) in
addition to the actual cost and fees incurred in the removal and disposal of
such solid waste. Such administrative processing fee, however, shall net
be reduced to fifty dollars ($50.00) when added to the cost of removal of
loose leaves and leaves in plastic bags that are deposited in the right-of-
way by citizens before December 31, ~ 2010. If such bill is not paid
within thirty (30) days, legal action may be instituted for its collection.
Prosecution for failure, neglect or refusal of such person to remove such
solid waste shall not be barred by the city proceeding to have the work
done in accordance with this section.
* * *
'.
Sec. 14.1-17. Placement of brush, bulk brush, lawn rakings and bagged leaves for
collection by the city.
* * *
a-Amending Section 14.1-17.doc
1
(b) Bulk items. All bulk items shall be placed at the curb for collection
pursuant to section 14.1-16, or in an automated container. A plastic or
paper bag containing only leaves shall not be considered a bulk item
during leaf season.
* * *
(d) Bagged leaves. Leaves gathered for disposal shall be placed in either an
automated collection container or placed in a plastic or paper bag of at
least thirteen-gallon capacity, except for those weeks during leaf season in
which the City Manager has scheduled the removal and disposal of paper
bags, during which time leaves shall be placed in paper bags of at least
30-gallon capacity. All bagged leaves v.hich must be secured against
spillage.
* * *
Sec. I4.1~23. Placement and collection of bulk items, brush and bagged leaves.
* * *
(c) No more than six (6) bulk items may be collected and removed at anyone
time. In addition, no more than one (1) pick-up truck load ofbrush may be
collected and removed at anyone time. Bagged leaves placed out for
collection by the Ceity during leaf season shall not be considered bulk
items. The allowable number of plastic and paper bags collected during
leaf season shall be determined by the Ceity Mmanager.
* * *
2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of
this ordinance by title is hereby dispensed with.
ATTEST:
~'oYl. "h\1l~
City Clerk ~ "--
O-Amending Section 14.I-17.doc
2
CITY COUNCIL AGENDA REPORT
To:
Meeting:
Subject:
Honorable Mayor and Members of City Council
October 7,2010
Leaf Collection Program
Background:
City Code Section 14.1-3(g) includes a $100 administrative processing fee that
is charged by the City when owners or occupants, upon whom notice has been
properly served, fail to comply with removal of solid waste from the right-of-
way, necessitating removal by City personnel or a private contractor. This fee is
assessed in addition to the cost of the removal of the waste if it has to be
effected by the City. At its September 21, 2009 meeting, City Council amended
City Code to suspend the $100 administrative processing fee so that there
would be no such fee for loose leaves improperly deposited in the City rights-
of-way during the 2009 leaf season. This was done due to the elimination of
the loose leaf removal program at that time. Although the fee was suspended,
the actual cost of the loose leaf removal was still charged to an owner or
occupant who failed to remove the loose leaves after having been given notice
and a minimum of 72 hours to remove the loose leaves.
City Code Section 14.1-1 7 provides for the collection of bagged leaves in either
plastic or paper bags. In 2009, residents that utilized the City's leaf collection
program were allowed to place 25 plastic leaf bags out for collection du ring
each of the three collection weeks, as well as an unlimited number of
biodegradable paper leaf bags.
Considerations: ~
At its September 7, 2010 work session, City Council indicated its desire to
reduce the administrative processing fee from $1 00 to $ 50 for enforcement of
loose leaf violations.
Also at City Council's work session on September 7, 2010, City staff presented
the option of reducing the allowable number of plastic leaf bags that could be
collected during each of the three collection weeks from 25 to 15. Members of
City Council indicated a preference for the implementation of a paper-bag-only
collection program over a phased reduction of plastic bags. Elimination of
plastic bags for leaf collection would likewise eliminate the expense of the
associated tip fees.
Recommended Action:
Amend Section 14.1-3(g), Solid Waste Management, of the City Code to change
the $100 administrative processing fee to $50 for removal of loose leaves
and/or plastic bags of leaves that owners or occupants fail to remove from the
right-of-way following proper notification before December 31, 2010.
Amend Section 14.1-17(b) and (d) and 14.1-23(c) to requ ire the use of paper
leaf bags and eliminate the use of plastic bags during collection weeks of leaf
season.
CHRISTOPHER P. MORRILL
City Manager
Distribution: Council Appointeq Officers
c-
2
Go
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 7th day of October, 2010.
No. 38961-100710.
A RESOLUTION authorizing payment of supplementary compensation and restoration of certain
benefits to certain employees called to active military duty.
BE IT RESOLVED by the City Council of the City of Roanoke that:
1. The City shall pay, upon request, to any City employee who IS a military
reservist/national guard and who, between October 1, 2010, and September 30, 2011, is called to and
serves in active duty related to our country's war on terrorism or natural disasters, subsequent to that
employee's employment with the City, a supplement equal to the difference between that employee's
regular City salary and military base pay plus any other compensation received for military service. This
supplement shall not be paid for any days that regular City salary must be paid to such employees.
Employees shall provide the Department of Human Resources with the necessary documentation to
establish their eligibility for the supplement.
2. Each such employee shall be deemed to have earned City vacation, paid and extended
illness leave for the period of such active duty in the same manner as if such employee had remained in
service with the City.
3. For each such employee who returns to service with the City within ninety (90) days of
the conclusion of such active military duty, the City shall pay the City portion of the health and dental
,
benefit premiums necessary to provide coverage for the employee effective upon the date of return to
service with the City.
4. The aforegoing policy is more particularly described in the report of the City Manager to
Council dated October 7,2010.
ATTEST:
~m.lYJo.,.J
. City Clerk l
CITY COUNCIL AGENDA REPORT
To:
Meeting:
Subject:
Honorable Mayor and Members of City Council
October 7, 2010
Special Military Pay
Background:
Military leave at full pay is limited to fifteen work days per federal fiscal year for
employees of the City of Roanoke who are military reservists or members of the
National Guard and who are called to active duty. City Council approved Special
Military Pay on November 5, 2001, and extended it annually thereafter, to
provide supplemental pay for military reservists/National Guard called to active
duty and service related to the war on terrorism. This special Council action was
effective through September 30, 2010, and benefited nine City employees
called from the reserves/National Guard to active duty. As a resu It of City
Council's action, these employees received a total of $15,042.74 in
supplemental pay during the federal fiscal year October 1, 2009, thru
September 30,2010. There are forty-two reservists/National Guard members in
ten departments within the City of Roanoke as full ti'me employees.
Recommended Action:
Approve a special policy to pay military reservists/National Guard who are
called to active duty between October 1, 2010, and September 30, 2011 the
difference between their military base pay (including any other related
compensation received from the military) and pay from the City in their current
job. Covered employees would be those reservists/National Guard members
who are called to active duty related to our country's war on terrorism or
natural disaster relief, subsequent to the employee's employment with the City
of Roanoke. This supplemental pay will be provided upon request and with
necessary documentation to the Department of Human Resources. Funding is
available in operating budgets to su pport this policy.
CHRISTO HER P. MORRILL
City Manager
Distribution: Council Appointed Officers
cJhj
./
The 7th day of October, 2010.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
No. 38962-100710.
A RESOLUTION approving a Public Art Action Plan for 20 II.
BE IT RESOLVED by the Council of the City of Roanoke that Council hereby approves
the Public Art Action Plan for 2011 as outlined in the City Manager's report dated October 7,
2010, as a part of the City's Public Art Policy.
public art plan 201 ] .doc
ATTEST:
~ hJ-Ooi&eJ0
City Clerk. "-
...J
q~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 7th day of October, 2010.
No. 38963-100710.
AN ORDINANCE to transfer funds from the Percent for the Arts project to the
Market Building Entrance Artwork project, amending and reordaining certain sections of the
2010-2011 Capital Projects 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 Capital Projects Fund Appropriations be, and the same are
hereby, amended and reordained to read and provide as follows:
Appropriations
Appropriated from General Revenue
Appropriated from General Revenue
08-610-9929-9003 $ ( 20,000 )
08-610-9946-9003 20,000
Pursuant to the provisions of Section 12 ofthe City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
- ~. d"Y\t)-Q-vV
City Clerk. '--
J
CITY COUNCIL AGENDA REPORT
To:
Meeting:
Su bject:
Honorable Mayor and Members of City Council
October 7,2010
Public Art Action Plan for 2011
Background:
On April 2, 2007, Roanoke City Council adopted the Public Art Site Plan.
According to the Site Plan, the Arts and Culture Coordinator is to present an
annual Public Art Action Plan to the Roanoke Arts Commission (RAC) which will
identify projects and estimated budgets for those prospective projects. The
Public Art Site Plan also states that "Once approved by the RAC, the Public Art
Action Plan is to be submitted to the City Manager for review and then to City
Council for approval" before December 31 each year.
At the September 14, 2010 meeting of the RAC the Commissioners voted on
one site and estimated budget for a public art project for 2011. The purpose of
this report is to submit the recommendation of the RAC to City Council.
Considerations:
It is the goal of the RAC to develop a wide range of projects of the various types
eligible through the Public Art Policy at diverse locations throughout the city.
The second round of AIR: Art in Roanoke has been installed this summer and
will remain in place until March 2012. Several neighborhoods are included in
this exhibition. The RAC is also involved this year with implementing a
conservation grant from the National Endowment for the Arts to protect and
preserve older works in the collection. Therefore, the Arts Commission
recommends concentrating on one signature project as part of the renovation
of the City Market Building. The funds will be used to Commission an artist to
design and install original thresholds outside the four entrances of the building.
The RAC recommends $20,000 in Percent for Art funds to be used for the
project, with such funds being supplemented by Market Building capital project
funds. previously budgeted for this purpose, as necessary.
Recommended Action:
Adopt the attached resolution which approves the Public Art Action Plan for
fiscal year 2011 .
Adopt the accompanying budget ordinance to transfer funding of $20,000 from
account 08-610-9929-9003 to a new account to be established by the Director
of Finance in the Capital Projects Fund. The new account will be established to
separately track the project outlined above.
CHRISTOPHER P. MORRILL
City Manager
Distribution: Council Appointed Officers
Brian Townsend, Assistant City Manager for Community Development
Susan Jennings, Art and Culture Coordinator
2
r(
~~\lO
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The ,7th day of October, 2010.
No. 38964-100710.
A RESOLUTION adopting a policy on the budgeting and distribution of funds from the
United States Department of Housing and Urban Development, such policy to supercede all prior
policies pertaining to such funds.
WHEREAS, the City of Roanoke is an entitlement community under the Community Block
Grant ("CDBG"), HOME Investment Partnerships (''HOME'') and Emergency Shelter Grant ("ESG")
programs of the United States Department of Housing and Urban Development ("HUD");
WHEREAS, each year, approximately $2.5 million in new entitlement grants are available to
the City from HUD through such programs;
WHEREAS, on September 17, 2001, by adopting Resolution No. 35570-091701, City
Council adopted a policy which established guidelines for budgeting and distributing such funds
("HUD Funds Policy") and authorized the City Manager to implement the HUD Funds Policy;
WHEREAS, the HUD Funds Policy replaced the HUD Funds Allocation Policy which was
prepared at City Council's request in 1998;
WHEREAS, the HUD Funds Policy was amended administratively on August 18, 2004, to
provide that CDBG funds would have a distribution of 57% for housing, 22.5% for economic
development, 10% for human services, 10% for neighborhood development, and .5% for homeless
services, with the uses for HOME and ESG funds to remain unchanged; and
WHEREAS, a new policy for budgeting and distributing HUD funds needs to be adopted by .
City Council to address better the needs of the citizens of the City of Roanoke in the areas of
housing, economic development, neighborhood development, human development, and homeless
servIces.
R-HUD Funds Policy 20IO.doc
BE IT RESOLVED by the Council ofthe City of Roanoke that the Policy on HUD Funds, as
more particularly set forth in the City Manager's report dated October 7,2010, to this Council, and as
attached to such report, is hereby adopted, including the map ofthe proposed new target areas, and
that the City Manager is hereby authorized to implement such Policy on HUD Funds.
BE IT FURTHER RESOLVED that it is the intent of City Council that the Policy on HUD
Funds dated October 7, 2010, attached to the City Manager's report bearing that same date,
supercedes the HUD Funds Policy, as amended, and all previous policies adopted by City Councilor
otherwise implemented by the City Administration pertaining to the budgeting and distnbuting of
HUD funds.
ATTEST:
~m.h1{)OvJ
City Clerk. ~
R-HUD Funds Policy 20 10.doc
CITY COUNCIL AGENDA REPORT
To:
Meeting:
Subject:
Honorable Mayor and Members of City Council
October 7,2010
HUD Policy TaskForce Final Report and Recommendations
Background:
The City of Roanoke receives about $2.5 million or more in new funds annually
from the U.S. Department of Housing and Urban Development (HUD) in three
grants: Community Development Block Grant (CDBG), HOME Investment
Partnerships (HOME) and Emergency Shelter Grant (ESG). In 2001 Roanoke City
Council adopted a policy that guides the use of this funding. The policy has
been. in use since, and was amended in 2004. The goals of the policy are to
specifically address critical community needs, concentrate funding into
neighborhoods to create a critical mass of improvements, ensure that
community service agencies are maximizing their use of these funds, and
provide an administrative framework for City staff to plan and budget each
allocation efficiently.
Subsequent to the policy's adoption in 2001, the Neighborhood Selection Task
Force (NSTF) was formed for the purpose of recommending a group of
neighborhoods that would be selected to receive funding per the new policy. In
2002, per the NSTF and City Manager's recommendation, City Council passed a
resolution to select six neighborhoods as future target areas for HUD funds.
Since that time, revitalization efforts with HUD funds have been conducted in
two of the neighborhoods, Gainsboro and Hurt Park. This was in addition to the
pilot project, Southeast by Design, which was underway when the NSTF began
meeting.
After nine years of operating under this policy, City staff determined it was
prudent to review and evaluate its effectiveness, and make revisions as
warranted. To undertake the policy's evaluation, an interdepartmental team of
eight employees met several times in the spring of 2010 to discuss issues and
brainstorm for ideas of how the policy might be changed.
The team suggested several potential changes to the policy, agreed that while
the neighborhood targeting approach was an improvement over the previous
method the neighborhood selection process should be revisited, and suggested
the formation of a citizen Task Force. The HUD Policy Task Force was formed to
further the work of the staff team and determine what changes should be
recommended to the City Manager and City Council.
The Task Force was comprised of the following members:
. Chair: Steve Rossi, S.c. Rossi, Inc.
· Susan Koch, Greater Raleigh Court Civic League
. Dan Merenda, Council of Community Services
· Karen Michalski-Karney, Blue Ridge Independent Living Center
· Angela Penn, Total Action Against Poverty (TAP) and the Planning
Commission
· Pau la Prince, Jefferson College of Health Sciences
· John Urquhart, Roanoke Redevelopment and Housing Authority
· Brenda Walker, Virginia Employment Commission
. Damon Williams, First Citizens Bank
· Tori Williams, Roanoke Regional Chamber of Commerce
Considerations:
Through an over two-month process that entailed 11 meetings, a neighborhood
tour, and City Council briefing, the Task Force has arrived at the following
conclusions and recommendations: .
· Evaluation of the policy; there was general consensus that the policy has
been implemented as intended, but some aspects needed to be revisited.
The following concerns were noted:
· Homeownership has been difficult to achieve in target
neighborhoods, and there has not been much of an increase.
However, the Downpayment Assistance Program has fared well
thus far.
· Rental housing needs to be improved in the City.
· More economic development is needed in low to moderate income
neighborhoods, thoug,h achieving success in this area with HUD
funds has been challenging.
· There are a number of human service programs in the city that
provide vital services, yet the policy is difficult for them to comply
with.
· The flexibility of the current policy needs to be maintained.
· Recommendations for changes to the current policy; attached is a
recommended revision to the policy that:
· Adjusts the allocation percentages:
. Housing, from 57% to 50%
c
· Economic Development, from 22.5% to 25%
2
. Human Development, from 10% to 13%
. Neighborhood Development, from 10 to 11.5%
. Lowers the percentage devoted to neighborhood targeting
from 70% to 51 % due to commitments of CDBG funds
· Revises "3 years-and-out" rule to include conditional
performance requirements
. Maintains a "buffer" to aim for 90% of the caps but allow
flexibility to 95%
. Establishes indicators to better measu re success
· Recommendations for the next neighborhood(s) selection per the
targeting approach of the policy. A map showing these potential target
areas is an attachment to the proposed policy revision included with this
report:
a. A target area defined roughly from the Elm, Day, Marshall
Avenues, SW corridor, westward toward the 13th Street, SW
corridor, Chapman and Patterson Avenues, and north no
further than Rorer Avenue. This target area would span
across the neighborhoods of Mountain View, West End, and
Old Southwest.
b. A target area defined roughly by the Orange and Melrose
Avenue corridor roughly from Washington Park and 5th Street
to 24th Street, NW. This target area would span across the
neighborhoods of Loudon-Melrose, Melrose-Rugby and
Washington Park.
c. A target area defined roughly by the Morningside
neighborhood.
The Task Force selected these areas after an extensive rating and discussion
process. A ranking system was used to narrow down the top neighborhoods for
potential targeting. The Task Force directed staff to collect additional data to
evaluate the neighborhoods. The ranking system employed 21 variables and
was structured into two equally weighted parts:
1) Needs: the factors that make or contribute to a neighborhood's low to
moderate income status; e.g. poverty, education, crime and code
enforcement citations. Neighborhoods were ranked from 1 to 30 on
these variables with '1' ranking the highest, i.e. being considered the
neediest. The total needs score thus recognized the lowest numeric
values as being the neighborhood's with the greatest need.
3
2) Opportunities: the objective of this category was to identify where
synergies and opportunities might exist that will produce the greatest
return on investment. All 'relevant City documents were reviewed to
determine where potential projects and other opportunities existed.
Existing public facilities and other activity in neighborhoods were also
included. The total opportunities score thus recognized the lowest
numeric values as being the neighborhood's with the greatest potential
opportunities.
During the evaluation and ranking process, the Task Force agreed to focus on
corridors or areas of concern and opportunity, rather than recommending
entire neighborhoods individually. This led to identifying areas that overlap
neighborhood boundaries. The areas that were chosen comprise portions of
seven different neighborhoods.
The Task Force agreed that staff should undertake further evaluation and
planning for each of these three target areas before presenting any funding
decisions. An additional process will be needed for staff to identify and evaluate
projects in these areas prior to recommending which target area has the
optimal combination of needs and opportunities. A planning. process that
includes public involvement will determine which target area(s) will provide the
greatest success for the City.
Recommended Action:
The HUD Policy Task Force recommends that City Council:
Adopt the proposed HUD Funds Policy described in this report and reflected in
the attached policy, including the map of the proposed new target areas.
Attachments: Revised HUD Funds Policy and Targeted Areas Map
Distribution: Council Appointed Officers
Brian Townsend, Assistant City Manager for Community Development
Thomas N. Carr, Director, Planning Building and Development
Frank E. Baratta, HUD Division Budget Team Leader
HUD Policy Task Force Members
4
The Council of the City of Roanoke, Virginia
Policy on HUD Funds
(October 7,2010)
Preamble: Each year, the City of Roanoke receives approximately $2.5 to $2.7 million in new
entitlement grants under the Community Development Block Grant (CDBG), HOME Investment
Partnerships (HOME) and Emergency Shelter Grant (ESG) programs of the U.S. Department of Housing
and Urban Development (HUD). Including income earned through the operation of these programs and
unexpended prior-year entitlement funds, a total of approximately $3.5 million in HUD funds may be
available to the City for a given fiscal year. This policy sets forth guidelines for the budgeting and
distribution of these HUD funds.
Mission: In recognition of the many needs of the City and its limited resources, the primary mission of
the City's HUD funds shall be to act as a catalyst for change by providing seed funding for eligible
projects and programs and to attract other resources, especially those of the private sector. In carrying
out this mission, the HUD budgeting process shall identify capable organizations to carry out targeted
efforts, rather than to support on-going activities.
It shall be the policy of the Council of the City of Roanoke, Virginia, that:
1. All CDBG, HOME and ESG funds_ available to the City shall be used only for programs and
projects which support the aims and intent of City Council's "Vision" statement. Further, these funds
will be used to promote strategies in the City's Comprehensive Plan and HUD's national goals.
2. With respect to allocating the City's CDBG, HOME and ESG funds:
a.
Of the CDBG funds available for any fiscal year:
(1)
The City's priorities for the use of its CDBG funds are:
(a) Economic Development, involving the actual creation or retention of
jobs that primarily benefit persons of low or moderate income.
(b) Homeless Services, involving the prevention, reduction or elimination of
homelessness.
(c) Housing Development, involving, in general, the rehabilitation of
housing to benefit low- or moderate-income homebuyers, owners or tenants.
(d) Human Development, involving activities which, in general, enhance the
development of persons of low or moderate income.
(e) Neighborhood Development, involving activities (other than those
included under the other priorities) that, in general, enhance the development of the
City's predominantly low- and moderate-income neighborhoods.
Planning and administration activities are functions that support any or all of the
above priorities and are, therefore, not considered priority categories in themselves.
(2) Primary emphasis for the use of the City's CDBG funds is placed on the
development and improvement of the community's housing stock, with a secondary
emphasis on economic development.. After subtracting funds designated for Planning and
Administration activities, the allocation goals by priority area are:
.
Housing Development
Economic Development
50.0%
25.0%
..
.
Human Development
Neighborhood Development
Homeless Services
100.0%
13.0%
11.5%
0.5%
.
.
The target allocations include the City's obligations and planned commitments
for the fiscal year associated with each priority category.
(3) In order to manage the risk of disallowed expenditures, funds allocated to
"Human Development" (HUD "Public Services") and "Planning and Administration" activities
shall, in general, not exceed 90% of the maximums allowed under the HUD r~gulations,
except that the City shall have the discretion to increase funds allocated to such activities to
an amount not exceeding 95% of the maximums when necessary for the operational
feasibility of such activities. (Note: Depending on the nature of the activity, the use of
CDBG funds for Homeless Services may be classified as and count toward the limits of
funds that may be used for Human Development.)
(4) Subject to the risk management limitations described in 2.a.(3), for any fiscal
year budgeting process, funds in any priority category in excess of the amount required for
selected activities may be apportioned to other categories. In addition, the City may adjust
the allocation percents in 2.a.(2) as required to better reflect changing conditions in the
community, including adjustments required to reflect the specific needs of any
neighborhood(s) selected for targeted revitalization efforts or to reflect specific community
revitalization or improvement projects selected by the City. To the degree such apportioning
or adjustments create substantial changes to the City's Consolidated Plan, the City will
amend this Plan in accordance with its Citizen Participation Plan.
b. In accordance with law, all HOME funds available for a given fiscal year shall be used
for activities to provide affordable housing.
c. In accordance with law, all ESG funds available for a given fiscal year shall be used for
activities to address homelessness.
3. Of the amounts available for any given fiscal year, after subtracting funds designated for
Planning and Administration activities, not less than 51 % of the combined CDBG funds and HOME
funds shall be designated for targeted neighborhoods (or portions thereof) or other defined areas of
the City. Pursuant to the recommendations of the 2010 HUD Policy Task Force, the following target
areas (as depicted in the attached map) are established for future consideration:
a. An area roughly from the Elm, Day and Marshall Avenues, SW, corridor, westward
toward the 13th Street, SW, corridor, Chapman and Patterson Avenues, and north no farther than
Rorer Avenue, SW, which includes areas of the Mountain View, West End and Old Southwest
neighborhoods.
b. An area roughly coinciding with the Orange and Melrose Avenue, NW, corridor from
Washington Park and 5th Street to 24th Streets, NW, which includes areas of the Loudon-
Melrose, Melrose-Rugby and Washington Park neighborhoods.
c. An area roughly coinciding with the Morningside neighborhood.
As soon as may be practicable, the City's Department of Planning, Building and Development, in
consultation with other City departments and community organizations and individuals, as
appropriate, and providing for appropriate review and comment by the general public, shall
undertake further study to identify and evaluate projects in each of the three indicated areas in order
to recommend for City Council selection by the end of October 2011 the target area offering the
optimal combination of needs and opportunities, including a proposed funding strategy for the
concentration of CDBG, HOME and such other funding as may be secured for use in the selected
areas beginning in FY 2013. In the interim, HUD funding application guidelines and selection criteria
shall maintain a substantial preference for targeted, concentrated uses of available CDBG and
HOME funds, but shall be constructed in such manner as not to result in funding decisions which
would limit the ability of City Council to designate the primary target area following the indicated
study.
4. Starting with the budgeting process for FY 2012 to begin in November 2011, an entity that
competes for and is awarded funding for an activity of an ongoing nature may, as applicable, be
provided a conditional renewal not requiring reapplication for up to two additional years, subject to
demonstrating a continuing need for the activity and satisfactory performance. For a newly created
activity, performance objectives shall allow adequately for any needed gear-up phase from the point
an agreement for the funding is first executed, with reasonable performance benchmarks through the
end of the first performance period and progressively greater expectations for the second and third
years. The performance expectations for the first, second and third funding years of a previously
existing activity shall be greater, recognizing the absence of a need for a gear-up period. During the
budgeting cycle for the second year of the activity, the funding recipient shall submit a non-
competitive proposed budget and performance goals for the coming year. Funding increases of no
more than 5% over current funding, if warranted due to cost inflation or other demonstrable factors,
may be considered by the City. Continuation of funding for the activity for the next performance
period shall be conditional upon achieving satisfactory performance through the end of the current
period. In the event of nonperformance without mitigating factors, funding for the next period shall
be reallocated to other applicants given tentative acceptance through the annual application process,
but put on a waiting list pending funds availability. This annual process of performance review,
renewal or release of commitments would continue through the number of allowed renewals.
Thereafter, the activity would be subject to competitive re-application. All commitments of funding
or continued funding under this provision are further conditioned upon the City's receipt of necessary
CDBG and/or HOME funds from HUD. Moreover, nothing in this provisionof the policy shall be
construed to relieve activities within the HUD definition of CDBG "public services" from the need to
demonstrate that they are either new activities or increases in the services that would otherwise be
provided in the absence of CDBG funds.
5. In order to promote high-quality, best-practice programs and projects and increase opportunities
for making measurable improvements in community conditions, the City anticipates making fewer,
but larger, awards. The City's application guidelines will encourage organizations to submit realistic
funding requests commensurate with the extent of the needs to be addressed, the scope of activities
to be conducted and the magnitude of the results to be achieved. The guidelines will limit programs
and projects which will be considered to those requesting a minimum of $25,000 in CDBG and/or
HOME funds. (This provision shall not apply to ESG funds, due to the small amount received by the
City.) To maximize the impact of its limited HUD funds, the City will place greater emphasis upon
the selection of programs and projects which substantially leverage other financial resources, as well
as those which incorporate meaningful collaborations with other community organizations and
stakeholders. There will be increasing emphasis upon quantifiable out<fome performance (e.g.,
increases in employment; reductions in teen pregnancy rates) and decreasing reliance on process
indicators (e.g., number of enrollees; number of loan applications taken).
6. . The budgeting of HUD funds shall avoid duplication of services and maximize the areas
benefiting from the City's limited HUD resources. To this end, when two or more projects propose to
provide the same or similar forms of assistance within the same or substantially overlapping areas,
the City shall provide HUD funds only to the most meritorious of the applicants, cost and other
appropriate, objective selection criteria being considered. Further, the City shall not provide HUD
funds to programs or projects to be newly established in areas served by other existing and similar
programs and projects, except in instances where it can be documented to the City's satisfaction that
the needs to be addressed are acute, substantially exceed the capacity of existing providers, and
that such existing providers are unable or unwilling to expand their capacities and support
establishing additional providers within the area.
7. In addition to the study associated with section 3 above of this policy, as soon as may be
practicable, the City's Department of Planning, Building and Development, in consultation with other
City departments and community organizations and individuals, as appropriate, and providing for
appropriate review and comment by the general public, shall explore and identify indicators,
consistent with City Council's Vision and strategic priorities, for better measuring the individual and
. collective success of CDBG, HOME and ESG programs and projects. City Council shall be apprised
and offer guidance regarding candidate indicators. Upon final establishment of the success
indicators, the Department shall determine and implement the use of such indicators for individual
programs and projects, and for broader, periodic evaluations of the success of the City's targeted
and overall CDBG, HOME and ESG efforts.
8. This policy shall supersede all previous City Council Policies on HUD Funds.
Attachment: Map of Target Areas
~) c..-\ \ '\. ,~~ t II ) J
~, HUD Policy Task Force:
~ 'Recommend~i,~~: ~er Future Target A~eas
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IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 7th day of October, 2010.
No. 38965-100710.
A RESOLUTION authorizing the City Manager to enter into the 2010-2011 Community
Development Block Grant ("CDBG") subgrant Agreement with Blue Ridge Independent Living
Center ("BRILC"), upon certain terms and conditions.
BE IT RESOLVED by the Council of the City of Roanoke that the City Manager and the City
Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, the
2010-2011 CDBG subgrant Agreement with BRILC, approved as to form by the City Attorney,
within the limits offunds and for the purposes as more particularly set forth in the City Manager's
report dated October 7, 2010, to this Council.
ATTEST:
M-Q~ m. mOM.)
City Clerk. . l
R-CDBG-B1ue Ridge Independent Living.doc
CITY COUNCIL AGENDA REPORT
To:
Meeting:
Subject:
Honorable Mayor and Members of City Council
October 7,2010
2010-2011 CDBG Agreement with Blue Ridge Independent Living
Center
Background:
Blue Ridge Independent Living Center (BRILC), the City's primary service provider
for the disabled, offers a variety of services that assist individuals with disabilities
to live independently. These services include information and referral, peer
counseling, support groups, training and seminars, advocacy, education and aid in
obtaining specialized equipment. For the past 16 years, BRILC has received CDBG
funding for its Empowering Individuals wjth Disabilities (EID) program, which has
helped 274 low- and moderate-income individuals with disabilities meet their
independent living goals by providing assistive devices and completing home
modifications such as ramps, railings and installation of grab bars to enable them
to be as independent as possible within their homes and the community. On May
10, 2010, City Council approved continued funding for BRILC's EID program by
Resolution No. 38808-051010, which approved the City's 2010-2015 Consolidated
Plan, including the 2010-2011 Action Plan for submission to the U.S. Department
of Housing and Urban Development (HUD). City Council accepted the 2010-2011
CDBG funds on June 21, 2010, by Budget Ordinance No. 38846-062110 and
Resolution No. 38845-062110.
Considerations:
In order that BRILC may conduct its approved 2010-2011 EID program activities,
City Council's authorization is needed to execute a subgrant agreement. Necessary
CDBG funding is available in the account listed in the draft Agreement included
with this report. A total of $81,250 is being provided to BRILC to provide home
modifications to 30 homes city-wide, which BRILC will assist through a separate
agreement. The CDBG Agreement would be effective from July 1, 2010, until June
30,2011.
Recommended Action:
Authorize the City Manager to execute the 2010-2011 CDBG subgrant Agreement
with Blue Ridge Independent Living Center, similar in form and content to the draft
aU che to this report, such agreement to be approved as to form by the City
tor
RISTOPHER P. MORRILL
City Manager
Distribution: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
R. Brian Townsend, Assistant City Manager for Community Development
Thomas N.Carr, Director of Planning, Building & Development
Frank E. Baratta, Budget Team Leader
2
AGREEM ENT
This Agreement is made and entered into this 4th day of October, 2010, by and
between the following parties:
The Grantee
City of Roanoke, Virginia
21 5 Church Avenue, S.W.
Roanoke, Virginia 24011
The Subgrantee
Blue Ridge Independent Living Center, Inc.
1 502B Williamson Road, NE
Roanoke, Virginia 24012
WHEREAS, by Resolution No. 38808-051010, the Council of the City of Roanoke,
Virginia, ("Council") approved the 2010-2015 Consolidated Plan, including the 2010-
2011 Action Plan; and
WHEREAS, by Resolution No. 38845-062110, adopted June 21, 2010, Roanoke City
Council approved the acceptance of the 2010-2011 Community Development Block
Grant (CDBG) program and by Ordinance No. 38846-062110 appropriated the
funds thereto, of which Eighty-One Thousand Two Hundred Fifty and 00/100
Dollars ($81,250) in Community Development Block Grant funds is to be provided
to the Subrantee to provide home modifications to single-family homes in
Roanoke; and
WHEREAS, by Resolution No. ______-100410, adopted October 4,2010 City Council
authorized the City Manager to execute an agreement for the proposed specified
herein.
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. SCOPE OF SERVICES:
The Subgrantee will administer the Empowering Individuals with Disabilities
(EID) program, to empower low-to-moderate-income individuals with disabilities
to be as independent as possible within their own homes and communities.
These individuals will receive assistance with home rehab/modifications such
as ramps and installation of grab bars.
Performance Expectations
A. HUD Outcome Measurement: The primary outcome of the HUD
Performance Measurement System addressed by this program, project
or activity is:
Page 1 of 1 7
. Create decent housing with increased access to services for the
disabled.
B. Specific Objectives: It is expected that this program, project or activity
will achieve the following:
1. Assist 30 extremely low-to moderate-income individuals with
disabilities to attain their independent living goals by providing
assistance in the form of home modifications.
2. Continue to utilize fu nds from other sou rces, research and seek
additional resources to expand program.
II. Eligibility for Use of CDBG Funds
(
A. Eligible CDBG Activity: Rehab; Single-Unit Residential
5 70.202(a)(1 )
B. Eligible Broad National CDBG Objective: Low/Mod Housing
2. TIME OF PERFORMANCE:
This Agreement shall be effective as of July 1,2010, and unless amended, shall
end June 30, 2011.
3. BUDGET:
The total CDBG budget for this program is Eighty-One Thousand Two Hundred
Fifty and noj1 00 dollars ($81,250.00). The CDBG fu nds shall provide for costs
associated with home modifications and staff salaries and fringes. At the sole
discretion of the Grantee, any funds remaining unexpended as of the 30th
calendar day following the end date of this Agreement may be deobligated from
the Agreement and made available for other CDBG projects of the Grantee.
4. CONSIDERATION SUBJECT TO FUNDING:
All funding to be provided under this Agreement is contingent upon necessary
appropriations by Congress and from the U.S. Department of Housing and
Urban Development (HUD).
5. PROPOSED PAYMENT SCHEDULE AND PROCEDURES:
Payments will be made on a reimbursement basis by line item as described in
the budget. Requests for payment, accompanied by an invoice and copies of
receipts, will be submitted to the Department of Planning, Building and
Development. Funds will be disbursed monthly as needed. Payment will be
Page 2 of 1 7
made to the Subgrantee within ten (10) days from date of receipt, subject to the
approval of the Grantee. Approval of each reimbursement request will be
subject to CDBG eligibility and timely receipt of the monthly reports as detailed
in Paragraph 12. The Grantee reserves the right to refuse payment to the
Subgrantee in the event that the Subgrantee submits a reimbursement request
thirty (30) calendar days after the contract expiration date.
6. SECTION 504:
The Subgrantee agrees to comply with any federal regulation issued pursuant
to compliance with the Section 504 of the Rehabilitation Act of 1973, as
amended, which prohibits discrimination against the disabled in any federal
assisted program.
7. INDEMNIFICATION:
The Subgrantee agrees and binds itself and its successors and assigns to
indemnify, keep and hold the Grantee and its officers, employees, agents,
volunteers and representatives free and harmless from any liability on account
of any injury or damage of any type to any person or property growing out of or
directly or indirectly resulting from any act or omission of the Subgrantee
including: (a) the Subgrantee's use of the streets or sidewalks of the Grantee or
other public property; (b) the performance under this Agreement; (c) the
exercise of any right or privilege granted by or under this Agreement; or (d) the
failure, refusal or neglect of the Subgrantee to perform any duty imposed upon
or assumed by Subgrantee by or under this Agreement. In the event that any
suit or proceeding shall be brought against the Grantee or any of its officers,
employees, agents, volunteers or representatives at law or in equity, either
independently or jointly with the Subgrantee on' account thereof, the
Subgrantee, upon notice given to it by the Grantee or any of its officers,
employees, agents, volunteers or representatives, will pay all costs of
defending the Grantee or any of its officers, employees, agents, volunteers or
representatives in any such action or other proceeding. In the event of any
settlement or any final judgement being awarded against the Grantee or any of
its officers, employees, agents, volunteers or representatives, either
independently or jointly w.ith the Subgrantee, then the Subgrantee will pay such
settlement or judgement in full or will comply with such decree, pay all costs
and expenses of whatsoever natu re and hold the Grantee or any of its officers,
employees, agents, volunteers or representatives harmless therefrom.
8. INDEPENDENT PARTIES:
The relationship between the Subgrantee and the Grantee is not intended in
any way to create a legal agency or employment relationship. Both parties
acknowledge that neither is an agent, partner or employee of the other for any
purpose. The Subgrantee shall be responsible for causing all required
Page 3 of 1 7
insurance, workers' compensation and unemployment insurance to be provided
for all of the Subgr'antee's employees and subcontractors. The Subgrantee shall
be responsible for all actions of the Subgrantee, its employees, agents and any
of the Subgrantee's subcontractors, and that they are properly licensed.
9. COMPLIANCE WITH FEDERAL REGULATIONS:
The Subgrantee agrees to abide by the HUD conditions for CDBG programs as
set forth in Attachment A and all other applicable federal regulations relating to
specific programs performed hereunder. Further, the Subgrantee agrees to
require compliance with applicable federal regulations of the contractor by
agreement.
10. UNIFORM ADMINISTRATIVE REQUIREMENTS:
The Subgrantee shall comply with the requirements and standards of OMB
Circular No. A-122, "Costs Principals for Non Profit Organizations" and with OMB
Circular A-11 O.
11 . INSURANCE REQUIREMENTS:
The Subgrantee involved in this Agreement shall maintain the insurance
coverages set forth in Attachment B to this Agreement and provide the proof of
such insurance coverage as called for in Attachment B. Such insurance
coverage shall be obtained at the Subgrantee's sole expense, approved by the
City's Risk Manager, maintained during the life of the Agreement and shall be
effective prior to the beginning 'of any work or other performance by the
Subgrantee under this Agreement. Additional insured endorsements, if
required, must be received by the City within 30 days of the execution of this
Agreement or as otherwise required by the City's Risk Manager.
12.. PROGRAM INCOME:
,
"Program income" means gross income received by the Grantee or Subgrantee
directly generated from the use of CDBG funds. Program income from any and
all sources shall be submitted to the city within five (5) days of its receipt by
the Subgrantee. Program income does not include proceeds from fund raising
activities carried out by the Subgrantee. No program income is expected.
13. RECORDS AND REPORTS:
All records pertaining to this Agreement and the services performed pursuant
to it, shall be retained for a period of four (4) years after the expiration date of
this Agreement or its amendments. Appropriate City and/or HUD personnel
shall have free access to those records during the Agreement duration and the
. following four-year time period. The Subgrantee shall submit monthly reports
Page 40f 1 7
utilizing the attached form (Attachment C), to the Department of Planning,
Building and Development. The monthly reports shall accompany the
reimbursement request. The Subgrantee shall maintain the following records
pursuant to this contract:
A. HOME MODIFICATION ACTIVITIES:
1. Documentation that the income of the household meets CDBG low- or
moderate-income guidelines.
2. Documentation that the recipient is disabled.
3. Documentation of how the device benefited the recipient.
The Subgrantee shall submit semi-annual reports as to accomplishments
towards those objectives listed in paragraph 1. Such reports will be due
January 15, 2011, for the first ix months, and July 15,2011 for a cumulative
yearend report.
14. CLIENT DATA:
For the purposes of determining "family income" (or, in the case of housing
assistance, "household income"), activities assisted by CDBG HOME funds
provided by the City of Roanoke shall, in accordance with these City guidelines
and such other guidelines as the City may issue, conform to the "Census Long
Form" definition of "annual income" provided under the HUD regulations at 24
CFR 570.3 and 92.203(b). This method shall be the standard for the City's
CDBG assisted activities. All activities assisted with CDBG funds shall determine
the gross family (or household) income through examination and retention of
copies of source documents such as wage, interest, income tax, benefit or other
statements. All CDBG-assisted activities shall use the City's standard "Eligibility
Determination Record" form to clearly document the size and gross annualized
income of the family (or household), except that activities may submit for City
consideration alternate forms that, in addition to the basic eligibility
determination information required by City, include additional information
designed for the specific needs of the activity. No CDBG-assisted activity shall
use an alternate form without the prior written consent of the City.
With the prior written consent of the City, CDBG-assisted activities may
substitute documentation that the family (or household) was eligible for and
receiving assistance from another program whose income guidelines are at
least as restrictive as those used for CDBG and shall submit to the City a copy
of the program's income eligibility requirements for review. Absent the prior
written authorization of the City, no CDBG-assisted activity shall be permitted
to substitute documentation for the standard income determination. ')
15. MONITORING:
Page 5 of 17
The Subgrantee shall monitor the progress of the project(s) covered by this
Agreement, and shall submit appropriate reports to the Grantee's Department
of Planning, Building and Development. In addition, during the period of this
Agreement, the Grantee shall monitor the Subgrantee's performance and
financial and programmatic compliance as part of disbursement processing and
other desk reviews, on-site reviews and/or other means, as appropriate.
16. ANNUAL AUDIT:
Pursuant to Council policy adopted under Resolution No. 37281-010306,
nonprofit entities existing for at least two years and with an annual budget
exceeding $50,000 are required to perform an annual independent audit. As
such, the Subgrantee is subject to this audit requirement. However, as an
entity expending less than $500,000 in federal funding in a fiscal year, the
Subgrantee is not required to undergo an annual independent audit of the
expenditures under this Agreement for federal purposes. Therefore,
expenditures, including any for an audit undertaken by the Subgrantee to
comply with the local City Council policy are not chargeable to the funds under
this Agreement. Required audits are due within 30 days of receipt from the
auditor, or 9 months after the end of the fiscal year, whichever occu rs earlier.
17. CONFLICT OF INTEREST:
No employee, agent, consultant, officer or appointed official of the Subgrantee,
who is in a position to participate in a decision-making process or gain inside
information with regard to any CDBG activity, may obtain a personal orfinancial
interest in any contract, subcontract or agreement with respect thereto, or in
the proceeds thereunder, either for themselves, their family or business
associates, during their tenure or for one (1) year thereafter.
18. REVERSION OF ASSETS:
Upon expiration of the Agreement the Subgrantee shall transfer to the city any
CDBG funds or program income on hand at the time of expiration and any
accounts receivable attributable to the use of CDBG funds.
19. THIRD-PARTY CONTRACTS:
The Grantee shall not be oblig.ated or liable hereunder to any party other than
the Su bgrantee.
20. ANTI-LOBBYING:
TO the best of the Subgrantee's knowledge and belief, no federal appropriated
Page 6 of 1 7
funds have been paid or will be paid, by or on behalf of it, to any persons for
influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an office or employee of Congress, or an employee of a
Member of congress in connections with the awarding of any Federal contract,
the making of any Federal grant, the making of any Federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative
agreement. If any funds other than Federal funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this
agreement, the Subgrantee will complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying, " in accordance with its instructions.
21. FAITH-BASED ORGANIZATIONS
Pursuant to &2.2-4343.1 of the Code of Virginia (1 950}, as amended. the City of
Roanoke does not discriminate against faith-based organizations.
22. COMPLIANCE WITH IMMIGRATION LAW
Pursuant to 9 2.2-4311.1 of the Code of Virginia, the Subgrantee does not, and
shall not during the performance of this Agreement in the Commonwealth,
knOWingly employ an unauthorized alien as defined in the federal Immigration
Reform and Control Act of 1986.
23. EQUAL EM PLOYM ENT OPPORTU N ITY
Non-Discrimination: During the performance ofthis Agreement, the Subgrantee
agrees as follows:
(a) The Subgrantee will not discriminate against any employee or applicant
for employment because of race, religion, color, sex, national origin, age,
disability, or any other basis prohibited by state law relating to
discrimination in employment, except where there is a bona fide
occupational qualification reasonably necessary to the normal operation
of the Subgrantee. The Subgrantee agrees to post in conspicuous places,
available to employees and applicants for employment, notices setting
forth the provisions of this nondiscrimination clause.
(b) The Subgrantee, in all solicitations or advertisements for employees
placed by or on behalf of the Subgrantee, will state that such Subgrantee
. is an equal opportunity employer.
(c) Notices, advertisement and solicitations placed in accordance with
federal law, rule or regulation shall be deemed sufficient forthe purpose
of meeting the requirements of this section.
Page 7 of 1 7
(d) The Su bgrantee will include the provisions of the foregoing subsections
(a), (b) and (c) in every contract or purchase order of over ten thousand
dollars and no cents ($10,000.00), so that the provisions will be binding
upon each contractor or vendor.
24. DRUG-FREE WORKPLACE
The Subgrantee will: (i) provide a drug-free workplace for the Subgrantee's
employees; (ii) post in conspicuous places, available to employees and
applicants for employment, a statement notifying employees that the unlawful
manufacture, sale, distribution, dispensation, possession, or use of a controlled
substance or marijuana is prohibited in the Subgrantee's workplace and
specifying the actions that will be taken against employees for violations of
such prohibition; (iii) state in all solicitations or advertisements for employees
placed by or on behalf of the Subgrantee that the Subgrantee maintains a drug-
free workplace; and (iv) include the provisions of the foregoing clauses in every
subcontract or purchase order of over ten thousand dollars and no cents
($10,000.00), so that the provisions will be binding upon each subcontractor or
vendor. For the purpose of this subsection, "drug-free workplace" means a site
for the performance of work done in connections with this contract.
25. SUSPENSION AND TERMINATION:
Suspension or termination of this Agreement may occur if the Subgrantee
materially fails to comply with any term of this award, and the award may be
terminated for convenience by the Grantee or Subgrantee upon written
notification to the awarding agency (HUD), setting forth the reasons for such
termination, the effective date, and in the case of partial termination, the
portion to be terminated. No payment will be made for expenses incurred after
Subgrantee's receipt of notice of termination, except those expenses incurred
prior to the date of notice that are necessary to curtailment of operations under
this Agreement.
Community Development Block Grant funding to be made available by the City
of Roanoke under this Agreement is contingent upon necessary appropriations
by the u.s. Congress. In the event that sufficient funds are not appropriated, at
the sole discretion of the City of Roanoke, this Agreement may be terminated in
whole qr in part.
26. NOTICES:
All notices, waivers, demands, requests or other communications required or
permitted hereunder shall, unless otherwise expressly provided, be in writing
and be deemed to have been properly given, served and received (i) if delivered
by messenger, when delivered, (ij) if mailed, on the third business day after
deposit in the United States, certified or registered, postage prepaid, return
Page 8 of 1 7
receipt requested, or (iii) if delivered by reputable overnight express courier,
freight prepaid, the next business day after delivery to such courier; in every
case addressed to the party to be notified as follows:
The Grantee:
Christopher P. Morrill, City Manager, City of
Roanoke, Virginia, 21 5 Church Avenue, SW, Room 364,
Roanoke, VA 24011
A copy of all such notices shall be provided to the
Grantee's- Project Manager: Sherman L. Pennix, Jr.,
Budget Business Analyst, Department of Planning,
Building and Development, 215 Church Avenue, SW,
Room 305 North, Roanoke, VA 24011.
The Subgrantee: Karen Michalski-Karney, Executive Director, Blue Ridge
Independent ~iving Center, 1 502B Williamson Road, NE,
Roanoke, VA 24012-5125
Rejection or refusal to accept, or inability to deliver because of changed
address or because no notice of changed address was given, shall be deemed
receipt.
27. ENTI RE AG REEM ENT:
This Agreement, including all of its Exhibits, represents the entire Agreement
between the parties and this Agreement shall not be modified, amended,
altered or changed, except by written agreement executed by the parties.
28. GOVERNING LAW:
This Agreement shall be governed by laws of the Commonwealth of Virginia.
Page 9 of 1 7
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
and year hereinabove written:
ATTEST:
By ____________________________
Stephanie M. Moon, City Clerk
CITY OF ROANOKE
. By ______~____________________
Christopher P. Morrill, City Manager
ATTEST:
BLUE RIDGE INDEPENDENT
LIVING CENTER, INC.
By ______________________________
Secretary to the Board
By ___________________________
Karen B. Michalski-Karney
Executive Director
APPROVED AS TO CDBG ELIGIBILITY
APPROVE AS TO FORM
Planning, Building and Development Assistant City Attorney
APPROVED AS TO EXECUTION APPROPRIATION AND FUNDS REQUIRED
FOR THIS AGREEMENT CERTIFIED:
Assistant City Attorney Director of Finance
Date:
Account #35-Gll-1119-5057
$81,250.00
Page 10 of 1 7
ATTACHMENTS
Attachment A - Special Federal Terms and Conditions
Attachment B - Insurance Requirements
Attachment C - Beneficiary Demographics Report
Page 11 of 1 7
Attachment A
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
SPECIAL TERMS AND CONDITIONS
(Agreements $10,000 or Over)
1. "Section 3" Compliance -- Provision of Training. Emolovment and Business Ooportunities:
A. The work to be performed under this contract is on a project assisted under a
program providing direct Federal financial assistance from the Department of
Housing and Urban Development and is subject to the requirements of Section 3 of
the Housing and Urban Development Act of 1968, as amended, 12 U.S.c. 170.
Section 3 requires that, to the greatest extent feasible, opportunities fortraining and
employment be given lower income residents of the project area and contracts for
work in connection with the project be awarded to business concerns which are
. located in, or owned in substantial part by persons residing in the area of the
project.
B. The parties to this contract will comply with the provisions of said Section 3 and the
regulations issued pursuant thereto by the Secretary of Housing and Urban
Development set forth in 24 CFR 135, and all applicable rules and orders of the
Department issued thereunder, prior to the execution of this contract. The parties
to this contract certify and agree that they are under no contractual or other
disability which would prevent them from complying with these requirements.
C. The Subgrantee will send to each labor organization or representative of workers
with which it has a collective bargaining agreement or other contract or
understanding, if any, a notice advising the said labor organization or workers'
representative of its commitments under this Section 3 clause and shall post copies
of the notice in conspicuous places available to employees and applicants for
employment or training.
D. The Subgrantee will include this Section 3 clause in every subcontract for work in
connection with the project and will, at the direction of the applicant for or recipient
of Federal financial assistance, take appropriate action pursuant to the subcontract
upon a finding that the contractor is in violation of regulations issued by the
Secretary of Housing and Urban Development 24 CFR Part 135. The Subgrantee will
not subcontract with any contractor where it has notice or knowledge that the latter
has been found in violation of regulations under 24 CFR part 135 and will not let any
subcontract unless the contractor has first provided it with a preliminary statement
of ability to comply with the requirements of these regulations.
E. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part
135, and all applicable rules and orders of the Department issued hereunder priorto
the execution of the contract, shall be a condition of the federal financial assistance
provided to the project, binding upon the applicant or recipient for such assistance,
its successor and assigns. Failure to fulfill these requirements shall subject the
applicant or recipient, its Subgrantees and contractors, its successors and assigns to
those sanctions specified by the grant or loan agreement or contract through which
Federal assistance is provided, and to such sanctions as are specified by 24 CFR Part
135.
Page 1 2 of 1 7
2. Eaual Employment Opportunity: Contracts subiect to Executive Order 11246. as amended:
Such contracts shall be subject to HUD Equal Employment Opportunity regulations at 24 CFR
Part 130 applicable to HUD-a5sisted construction contracts.
The Subgrantee shall cause or require to be inserted in full in any non-exempt contract and
subcontract for construction work, or modification thereof as defined in said regulations,
which is paid for in whole or in part with assistance provided under this Agreement, the
following equal opportunity clause: "During the performance of this contract, the
Subgrantee agrees as follows:
A. The Subgrantee will not discriminate against any employee or applicant for
employment because of race, color, religion, sex or national origin. The Subgrantee
will take affirmative action to ensure that applicants are employed and that
employees are treated during employment without regard to their race, color,
religion, sex or national origin. Such action shall include, but not be limited to, the
following: employment, upgrading, demotion or transfer; recruitment or recruitment
advertising; layoff or termination; rates of payor other forms of compensation; and
selection for training, including apprenticeship. The Subgrantee agrees to post in
conspicuous places available to employees and applicants for employment, notices
to be provided by the contracting officer setting forth the provisions of this
nondiscrimination clause.
B. The Subgrantee will, in all solicitations or advertisements for employees placed by or
on behalf of the Subgrantee, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex or national
origin.
C. The Subgrantee will send to each labor union or representative of workers with
which he has a collective bargaining agreement or other contract or understanding,
a notice to be provided by the Contract Compliance Officer advising the said labor
union or workers' representatives of the Subgrantee's commitment under this
section and shall post copies of the notice in conspicuous places available to
employees and applicants for employment,
D. The Subgrantee will comply with all provisions of Executive Order 11246 of
September 24, 1965, as amended by Executive Order 11375 of October 13, 1967,
and the rules, regulations and relevant orders of the Secretary of Labor.
E. The Subgrantee will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by the rules, regulations and orders of the
Secretary of Labor, or pursuant thereto, and will permit access to his books, records
and accounts by the Department and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations and orders.
F. In the event of the Subgrantee's noncompliance with the nondiscrimination clauses
of this contract or with any of such rules, regulations or orders, this contract may be
canceled, terminated or suspended in whole or in part, and the Subgrantee may be
declared ineligible for further Government contracts or Federally-assisted
construction contract procedures authorized in Executive Order 11246 of September
24, 1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise
provided by law.
G. The Subgrantee will include the portion of the sentence immediately preceding
paragraph (A) and the provisions of paragraphs (A) through (G) in every subcontract
or purchase order unless exempted by rules, regulations or orders of the Secretary
of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24,
Page 1 3 of 17
1965, so that such provisions will be binding upon each contractor or vendor. The
Subgrantee will take such action with respect to any subcontract or purchase order
as the Department may direct as a means of enforcing such provisions, including
sanctions for noncompliance; provided, however, that in the event a Subgrantee
becomes involved in or is threatened with litigation with a contractor or vendor as a
result of such direction by the Department, the Subgrantee may request the United
States to enter into such litigation to protect the interest of the United States."
The Subgrantee further agrees that it will be bound by the above equal opportunity clause
with respect to its own employment practices when it partiCipates in Federally-assisted
construction work; provided, that if the Subgrantee so participating is a State or local
government, the above equal opportunity clause is not applicable to any agency,
instrumentality or subdivision of such government which does not participate in work on or
under the contract. The Subgrantee agrees that it will assist and cooperate actively with the
Department and the Secretary of Labor in obtaining the compliance of Subgrantees and
contractors with the equal opportunity clause and the rules, regulations and relevant orders
of the Secretary of Labor; that it will furnish the Department and the Secretary of Labor such
compliance; and that it will otherwise assist the Department in the discharge of its primary
responsibility for securing compliance.
The Subgrantee further agrees that it will refrain from entering into any contract or contract
modification subject to Executive Order 11246 of September 24, 1965, with a Subgrantee
debarred from, or who has not demonstrated eligibility for Government contracts and
Federally-assisted construction contracts pursuant to the Executive Order and will carry out
such sanctions and penalties for violation of the equal opportunity clause as may be
imposed upon Subgrantees and contractors by the Department or the Secretary of Labor
pursuant to Part II, Subpart D, of the Executive Order. In addition, the Subgrantee agrees
that if it fails or refuses to comply with these undertakings, the Department may take any or
all of the following actions: cancel, terminate or suspend in whole or in part the grant or
loan guarantee; refrain from extending any further assistance to the Subgrantee under the
Program with respect to which the failure or refusal occurred until satisfactory assurance of
future compliance has been received from such Subgrantee; and refer the cause to the
Department of Justice for appropriate legal proceedings.
3. Nondiscrimination Under Title VI of the Civil Rights Act of 1964: This Agreement is
subject to the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and HUD
regulations with respect thereto, including the regulations under 24 CFR Part 1. In the sale,
lease or other transfer of land acquired, cleared or improved with assistance provided under
this Agreement, the Subgrantee shall cause or require a covenant running with the land to
be inserted in the deed or lease for such transfer, prohibiting discrimination upon the basis
or race, color, religion, sex or national origin, in the sale, lease or rental, or in the use of
occupancy of such land or any improvements erected or to be erected thereon, and
providing that the Subgrantee and the United States are beneficiaries of and entitled to
enforce such covenant. The Subgrantee, in undertaking its obligation in carrying out the
program assisted hereunder, agrees to take such measures as are necessary to enforce such
covenant and will not itself so discriminate.
4. Section 504 and Americans with Disabilities Act:
The Subgrantee agrees to comply with any federal regulation issued pursuant to compliance
with the Section 504 of the Rehabilitation Act of 1973, as amended, and the Americans with
Disabilities Act, which prohibit discrimination against the disabled in any federal assisted
program.
5. Obliaations of Subarantee with ResDect to Certain Third-Darty RelationshiDs: Th~
Page 14 of 1 7
Subgrantee shall remain fully obligated under the provIsions of the Agreement,
notwithstanding its designation of any third party or parties for the undertaking of all or
any part of the program with respect to which assistance is being provided under this
Agreement to the Subgrantee. Any Subgrantee which is not the Applicant shall comply with
all lawful requirements of the Applicant necessary to insure that the program, with respect
to which assistance is being provided under this Agreement to the Subgrantee is carried out
in accordance with the Applicant's Assurances and certifications, including those with
respect to the assumption of environmental responsibilities of the Applicant under Section
104(h) of the Housing and Community Development Act of 1974.
6. Interest of Certain Federal Officials: No member of or delegate to the Congress of the
Unfted States, and no Resident Commissioner, shall be admitted to any share or part of this
Agreement or to any benefit to arise from the same.
7. Prohibition Against Payments of Bonus or Commission: The assistance provided under
this Agreement shall not be used in the payment of any bonus or commission for the
purpose of obtaining HUD approval of the application for such assistance, or HUD approval
or applications for additional assistance, or any other approval or concurrence of HUD
required under this Agreement, Title I of the Housing and Community Development Act of
1974, or HUD regulations with respect thereto; provided, however, that reasonable fees or
bona fide technical, consultant, managerial or other such services, other than actual
solicitation, are not hereby prohibited if otherwise eligible as program costs.
8. "Section 109": This Agreement is subject to the requirements of Section 1 09 ofthe Housing
and Community Development Act of 1974, 42 U.s.c. 3535(d). No person in the United
States shall on the ground of race, color, religion, sex or national origin be excluded from
participation in, be denied the benefits of, or be subjected to discrimination under any
program or activity funded in whole or in part with funds available under this title.
9. Access to Records and Site of EmDloyment: This agreement is subject to the requirements
of Executive Order 11246, Executive Order 1375, Civil Rights Act of 1964, as amended.
Access shall be permitted during normal business hours to the premises for the purpose of
conducting on-site compliance reviews and inspecting and copying such books, records,
accounts, and other material as may be relevant tot he matter under investigation and
pertinent to compliance with the Order, and the rules and regulations promulgated pursuant
thereto by the Subgrantee. Information obtained in this manner shall be used only in
connection with the administration of the Order, the administration of the Civil Rights At of
1964 (as amended) and in furtherance of the purpose of the Order and that Act.
10. LeQal Remedies for Contract Violation: If the Subgrantee materially fails to comply with
any term of this Agreement, whether stated in a Federal statute or regulation, an assurance,
in a State plan or application, a notice of award, or elsewhere, the City may take one or more
of the following action, as appropriate in the circumstances:
1) Temporarily withhold cash payments pending correction of the deficiency by the
Subgrantee,
2) Disallow all or part of the cost of the activity or action not in compliance,
3) Wholly or partly suspend or terminate the current Agreement, or
4) Take other remedies that may be legally available.
Page 1 5 of 1 7
Attachment B
Insurance Requirements
Your attention is directed to the insurance requirements below. Particular attention should be
given to best's guide rating requirement listed below. Limits may be satisfied with an umbrella
policy following form of the primary coverage. Please consult your insurance carrier(s) or
broker(s) to determine in advance of bid submission the availability of insurance as prescribed
and provided herein. Failure to comply with the insurance requirements may result in your bid
or proposal not being considered for award of contract.
Type of Insurance Coverage
Workers'
General Liability Auto Liability Compensation
Required by
contract? Yes Yes Yes
Minimum Limits of $1,000,000 $250,000 Workers'
Coverage Combined Single Combined Compensation to
Limit Per Single Limit Per Statutory Limits;
Occu rrence Accident $100/500/100
Employers'
Liability Limit
Minimum Best's A-VII; must be A-VII; must be A-VII; must be
Guide Rating / Other an admitted an admitted an ad m itted
Requirements insurer insurer insurer
Additional Insured
Endorsement Yes N/A N/A
Required
.
Waiver of
Su brogation? Yes N/A Yes
Comments
None
Any insurance certificates evidencing coverage for which an additional insured endorsement is
required must contain substantially the following language, "The City of Roanoke, its officers,
agents, employees and volunteers are additionally insured for..." Additional insured coverage
must be primary and the city's insurance program must be non-contributory.
Page 1 6 of 1 7
Attachment C
Beneficiary Demographics Report
DIRECT BENEFICIARY REPORT
Program / Activity Name
Reporting Period
Counts by: ___Households or _ Persons? (Check the one that applies.)
# of New Participants this Period (if
2 applicable):
3 TOTAL # BENEFITING FROM ACTIVITY:
(Beginning 07/01/10 - Ending 06/30/11)
(cumulative to date)
4 RACIAL INFORMATION (cumulative to date)
White:
Black/African American:
Asian:
American Indian / Alaskan Native:
Native Hawaiian / Other Pacific Islander:
American Indian / Alaskan Native & White:
Asian & White:
Black/African American & White:
Am. Indian/Alaskan Native & Black/African Am.:
Other Multi-Racial:
# TOTAL
# HISPANIC
TOTAL:
5 # FEMALE HEAD OF HOUSEHOLD:
(cumulative to date)
6 # ELDERLY (62 and Older):
(cumulative to date)
7 INCOME INFORMATION (cumulative to date)
< 80% of Median (Low Income Limit)
< 50% of Median (Very Low Income)
< 30% of Median
# TOTAL
TOTAL:
Pre pared by: _______________________________
Date Prepared: ________________
Revised 08/25/2009
Page 1 7 of 1 7
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
STEPHANIEM. MOON, CMC
City Clerk
CECEUA T. WEBB
Assistant Deputy City Clerk
October 8,2010
Sherman M. Stovall
Assistant City Manager for Operations
Roanoke, Virginia
Dear Mr. Stovall: ,
I am attaching copy of Resolution No. 38966-100710 ratifying and confirming y<1ur
appointment as the Assistant City Manager for Operations for the City of Roanoke,
effective November 1,2010. .
Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing
copy of the Virginia Freedom of Information Act. The Act requires that you be provided
with a copy within two weeks of your appointment and each member is required "to read
and become familiar with provisions of the Act."
Sincerely,
~o~~~oN
City Clerk
Enclosure
pc: Christopher P. Morrill, City Manager
Carolyn Glover, Director of Human Resources
~
IN THE COUNCIL OF THE" CITY OF ROANOKE, VIRGINIA
Th"e 7th day of October, 2010.
No. 38966-100710.
A RESOLUTION confirming the City Manager's appointment of Sherman Stovall as Assistant
City Manager for Operations.
BE IT RESOLVED by the Council of the City of Roanoke that Council does hereby confirm
the City Manager's appointment, as communicated to Council by a letter from the City Manager dated
September 21, 2010, of Sherinan Stovall as Assistant City Manager for Operations, effective
November 1, 2010.
ATTEST:
!s!:rl~ "n). m lltW
City Clerk. l
K:\Measures\appointment of stovall assistant city manager.doc
l COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE
)
) To-wit:
)
I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of Roanoke
and keeper of the records thereof, do hereby certify that at a regular meeting of Council
which was held on the seventh day of October 2010, SHERMAN M. SlaV ALL was
appointed as Assistant City Manager for Operations for the City of Roanoke, effective
November 1, 2010.
Given under my hand and the Seal of the City of Roanoke this seventh day of
October 2010.
. Ir) .h1acrv0
City Clerk L
r
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 7th day of October, 2010.
No. 38957-100710.
A RESOLUTION recognizing Voice of the Blue Ridge for thirty years of service to our
community.
WHEREAS, Voice of the Blue Ridge is a nonprofit organization incorporated in 1980 to
provide services to meet the needs of the blind, visually impaired, and others with print
handicaps, especially in Central and Southwest Virginia;
WHEREAS, Voice of the Blue Ridge's mission is to provide programs centered on
accessibility to the printed word, audio aids, and technical communication aspects, to
enhance communication and life opportunities for those who might otherwise not be able
to experience this enrichment;
WHEREAS, the Virginia Department for the Blind and Vision Impaired estimates that
there are nearly 5,000 individuals who have been certified as legally blind or vision
handicapped in the Voice of the Blue Ridge service area;
WHEREAS, Voice of the Blue Ridge keeps visually impaired residents in touch with
area newspapers, including The Roanoke Times, The New River Valley Current, the
Salem Times Register, the Vinton Messenger, the Fincastle Herald, and others through
the Dial-In News Service, which is recorded by more than 50 volunteers and offered to
more than 400 subscribers who can access these publications via their telephones;
WHEREAS, in a unique partnership with WVTF Public Radio, Voice of the Blue Ridge
provides radios at no cost for WVTF's Radio Reading Service which allows listeners to
"hear" many magazines and national newspapers, as well as special programming like the
book hour;
WHEREAS, Voice of the Blue Ridge operates a Technology Center with five computer
work stations that teaches visually impaired individuals how to use computers for
everything from simple typing of a documeQ.t to browsing the Internet and using e-mail,
and students attending classes at the Center enjoy social interaction with their peers and
are able to share information and experiences that help them cope in a sighted world;
WHEREAS, Voice of the Blue Ridge offers an additional array of resources such as a
Braille printer for reproducing a variety of documents in Braille type, large-print
calendars for distribution to facilities that serve visually impaired clients, and a lending
library that offers books on tape at no charge, as well as donated computers and other
adaptive technologies that can be distributed to clients who might otherwise not be able
to afford them; and
WHEREAS, Voice of the Blue Ridge also houses a collection of adaptive technologies
and devices and teaches clients how to use them in order to enhance their independent
living skills, especially those who have lost their sight later in life and may be unaware of
the many assistive devices available that can greatly improve their quality of life.
'-
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that:
1. Council adopts this resolution as a means of recognizing thirty years of service by
V oice of the Blue Ridge.
2. The City Clerk is directed to forward an attested copy of this resolution to
Executive Director Jan Smyth.
ATTEST:
~k'rrJ.~~
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
October 7, 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: Fiscal Year 2010 Unaudited Financial Report
The following financial report provides the unaudited results of the City's financial
performance during the fiscal year ended June 30, 2010. It is important to note
that although the results presented here are accurate as of this date, they have not
been audited, and are subject to change.
Summary of General Fund Performance
General Fund revenues were below budget by 2.4% or approximately $6.2 million
due primarily to the decline in Other Local Taxes and Intergovernmental revenues.
Fiscal year 2010 has been challenging due to the economic environment which has
negatively impacted local taxes. Total General Fund revenues declined 2.0% or
$5.2 million when compared to FY09. General Property Taxes exceeded the
revenue budget by 2.0%; however, Other Local Taxes fell short of the budget by
6.0%. FY10 General property taxes exceeded FY09 by 0.8% while Other Local taxes
fell by 4.5%. Performance of several Intergovernmental revenues also contributed
to the budget variance including Street Maintenance, Jail Per Diems, Rental Car Tax,
Foster Care, Comprehensive Services Act, Law Enforcement (HB 599) funding, and
reimbursement for constitutional officers. Total Intergovernmental revenues fell
4.7% or approximately' $3:.4. million below budget. Fiscal Year 2010
Intergovernmental revenues were 2.4% or approximately $1.7 million below Fiscal
Year 2009 results.
Honorable Mayor and Members of Council
October 7,2010
Page 2
Total expenditures were under budget by approximately 3.9% or $10.1 million.
Budgeted expenditures were down in nearly every department as the result of
management actions to offset the anticipated revenue shortfalls throughout the
year. Some of the steps taken included a hiring freeze as well as the continued
suspension of the employer match to deferred' compensation and the tuition
assistance programs. Additionally, there were reductions made in department
budgets and reductions in capital spending for fleet replacement and technology
which created budgetary savings. FY 10 total expenditures declined by 2.9%
compared to FY09.
As a whole, the General Fund expenditure savings, exceeded revenue shortfalls,
resulting in an increase in General Fund fund balance of $3,900,825. Growth of
approximately $123,000 occurred from interest earnings on our Budget
Stabilization Reserve, and the General Fund undesignated fund balance grew by
$3,526,053 mainly as a result of these unspent appropriations.
Revenues:
The 2010 General Fund revenue budget was $261.5 million, while actual
collections totaled $255.3 million or 97.6%. The current revenue budget for FY1 0
anticipated 0.4% growth over the prior year actual results. Actual revenues
decreased 2.0% or $5.2 million in FY10 due to reductions in funding from the
Commonwealth and declines in many of the City's local tax revenues.
General Property and Local Taxes Detail
This category makes up 67% of the General Fund revenue budget. Actual
collections fell short of both budget and the prior year by 1.3% or $2.3 million.
Real Estate Taxes, the largest single source of the City's revenues, exceeded the
budget by 1.5% or $1.2 mill,ion and increased 2.1 % or $1.6 million compared to
FY09. Performance over budget was a combination of assessment increases and
new construction that exceeded expectations and delinquent collections that
surpassed revenue estimates. The FY10 real estate revenues were based upon
assessments issued as of January 2009. Growth of 0.68% resulted from
reassessment increases and 1.08% of the growth in the real estate area was
attributable to new construction.
Personal Property Taxes exceeded budget by 2.7% but decreased by 6.3%
compared to FY09. The decline in FY10 was the' result of lower billings on newly
added vehicles in the City's base as well as an increase in the personal property tax
relief percentage for all applicable vehicles.
Honorable Mayor and Members of Council
October 7, 2010
Page 3
Public Service Taxes exceeded budget by 8.9% and increased 11.5% or $441,000
over FY09. The increase was due to activity in FY1 0 rebounding from large refunds
issued in FY09.
State Sales Tax was under budget by,l 5.3%, and decreased approximately 11.5% or
$2.4 million as compared to FY09 due to current economic impacts. Sales Tax
revenues were budgeted in FY10 with the assumption that the majority of the
economic downturn was experienced in FY09 when Sales Tax Revenues fell 5.2%
from the FY08 level. We have continued to see month over month declines in Sales
this year compared to FY09. However, on a more positive note, the monthly
declines were much smaller in the second half of FY1 0, indicating improvement in
the performance of this tax.
Business and Professional Occupational License (BPOL) Tax revenue fell slightly
short of budget by 0.4%. This tax is based on gross receipts of businesses, and is
therefore negatively affected by the economy. FY10 BPOL tax, which is based on
calendar year 2009 gross receipts, decreased 6.9% or approximately $896,000
compared to FY09.
Prepared Food and Beverage Tax revenue fell short of budget by 5.8% and
decreased 2.9% compared to FY09. This revenue was highly impacted by the
decline in consumer spending due to the economic downturn.
Transient Occupancy Tax revenue fell short of budget by 10.8% and declined 4.3%
from FY09. Tourism and business travel was negatively impacted by the economic
downturn. The City revenue stream was lower due to fewer room rentals and
competitive rental room rates as hotel and motel operators worked to maintain
market share.
Bank Stock Tax revenue exceeded budget by 84.2% and increased 53.4% from
FY09. This tax is based on local deposits with financial institutions. It is collected
in the Spring and sometimes varies widely from year to year. The FY10 increase
may have been influenced by a greater tendency of customers to hold deposits and
reduce spending. The performance over the estimate is due to conservative
budgeting.
Other local taxes were below budget by 2.5% and were relatively flat in total when
compared to FY09. Real Estate Tax District and Motor Vehicle License taxes
exceeded the revenue budget and resulted in increases compared to FY09, while
Cigarette and Admissions taxes fell short of the revenue budget and declined
compared to FY09. Recordation and Probate taxes, and Utility, Franchise, and
Telecommunications taxes fell short of the budget, but exceeded FY09
Honorable Mayor and Members of Council
October 7, 2010
Page 4
performance, while Penalties and Interest exceeded budget, but declined from
FY09.
Intergovernmental Revenue Detail
This category includes State and Federal funding. Intergovernmental revenues
totaled $69.0 million and made up 27% of the total budget. These revenues were
4.7% short of the budget and decreased 2.4% compared to FY09. The budget
shortfall was due to lower than anticipated revenues for Comprehensive Services
Act and other Social Services revenues. As these reimbursable expenditures
decline, so do the revenues. Also contributing to the shortfall was a decrease in
Law Enforcement funding through HB599, Street Maintenance revenues received
from the Virginia Department of Transportation (VDOT), shared expense
reimbursements for Constitutional Officers from the Compensation Board, as well
as Jail Per Diems and Rental Car taxes. The decline in intergovernmental revenues
compared to FY09 was due to reductions in the Revenue Sharing-Transportation
program, Jail Per Diems, Law Enforcement, and Comprehensive Services Act
revenues.
Other Local Revenues Detail
All other local revenues collectively contribute 6% of total General Fund revenues.
Permits. Fees and Licenses fell short of budget by 24.5% and decreased 16.4%
compared to FY09 due to a decline in building inspection permit fees. This
revenue category was highly impacted by construction activity which has been
slowed by the housing market crisis and overall economic decline experienced in
FY10.
Fines and Forfeitures exceeded budget by 9.4% and grew 3.3% over FY09
performance. The increase in this category was due to growth in delinquent
personal property tax and debt set off collection fees. Partially offsetting this
growth was a decline in parking ticket revenues.
Revenue from the Use of Money and Property fell below budget by 3.3% and
declined by 38.3% compared to FY09. The budgetary decline was due to the Health
Department moving from a City owned building into space at the Civic Mall. The
decline from FY09 was due to the loss of rental income from State offices vacating
space at the Commonwealth Building as well as the Health Department moving to
the Civic Mall building. .
Charqes for Services fell short of budget by 5.9% and decreased by 7.0% compared
to FY09. The decline was driven by reductions in housing federal prisoners and
prisoners from other localities due to the shift of prisoners to the new regional jail
Honorable Mayor and Members of Council
October 7, 2010
Page 5
that opened in March 2009. Partially offsetting the decline in this category was an
increase in off-duty police billings as several businesses have hired police officers
for extended-term assignments.
Internal Services exceeded budget by 1.3% but fell 2.9% from FY09. This category
exceeded budget primarily due to unanticipated engineering services related to the
renovations and repairs at the Market Garage, Market Building, and Melrose Fire
Station. The decline from FY09 is primarily due to the reduction in School
Resource Officers.
Miscellaneous Revenue exceeded budget by 11.3% but decreased 16.1 % compared
to FY09. This category exceeded budget primarily due to larger than budgeted
collections for service charges from exempt organizations. The decrease from the
prior fiscal year was due in part to the elimination of the Arts Festival in FY10 as
well as a reduction in the collections from Solid Waste for recycling.
Expenditures:
Total General Fund expenditures and encumbrances for FY1 0 were $252.7 million;
$10.1 million less than the final budget, and 2.9% lower than FY09. There were no
employee raises in FY10 and departmental expenditures were curtailed to address
budgetary concerns.
Judicial Administration expenditures were under budget by 8.7% and decreased
14.4% compared to FY09. Juvenile and Domestic Relations Court Service
expenditures declined 39.6% or $653,000 as a result of decreased residential
detention service charges paid to Roanoke Valley Juvenile Detention Commission
due to a population decline.
Parks. Recreation. and Cultural expenditures were close to budget and decreased
14.1 % from FY09. Roanoke Arts Commission expenditure reductions of 20% were
made for FY10 including the elimination of funding for the Arts Festival. Also
contributing to the variance in this category was a reduction in Event Zone
expenditures, program activities, supplies, and decreased publications and
subscriptions.
Nondepartmental expenditures decreased 17.4% or $1.4 million. Transfers to the
Civic Facilities Fund decreased 18.7% or $500,000 from the prior fiscal year due to
improvement financial performance of the fund with Global Spectrum managing
the property. There was also a significant decrease in transfers to the Capital
Projects Fund due to a lower level of cash funding for projects in FY10 as a result
of the City's efforts to reduce spending. In addition, the operating subSidy for the
Honorable Mayor and Members of Council
October 7, 2010 .
Page 6
Greater Roanoke Transit Company declined 20.1 % due to planned changes in
operations. The approved operating subsidy to GRTC was also lower than FY09.
All other expenditure categories of the General Fund collectively represent a 1.5%
decrease from FY09. General Government declined 8.0% due primarily to curtailed
expenditures. Public Safety fell 1.7% most .notably in the Fire-Operations
department where personnel costs and fleet billings decreased. Health and Welfare
dropped 1.2% due to decreases in Comprehensive Services Act expenditures.
Public Works fell 6.1 % due to a decline in the paving program expenditures. The
paving program plan did not change; however, there was a large swing in the
timing of activity between FY08 and FY09 due to contract and amendment dates,
creating a larger expenditure in FY09. As spending returned to normal in FY10,
expenditures decreased when comparing FY10 to FY09. This decline was partially
offset by an increase in snow removal charges. Community Development
expenditures fell 4.3% attributable to reductions in performance agreement
payments. Memberships and affiliations expenditures also contributed to the
Community Development decline, as the prior year included funding for three non-
recurring activities: Roanoke Valley History Museum, Virginia Tech, and Smith
Mountain Lake Debris Removal. In addition, the total allocated to the Convention
and Visitors Center as well as Center in the Square was reduced from FY09.
Transfers to Debt Service grew 3.0% due to the increase in scheduled payments for
Series 2006C refunding bonds.
Enterprise Funds
The City's Enterprise Funds include Civic Facilities, Parking and Market Building
operations. These funds are intended to operate in a manner such that operating
expenses are recovered in the form of user charges. Historically, the General Fund
has subsidized the Civic Facilities and Market Building Funds. Brief comments on
each of the City's Enterprise Funds are as follows.
Civic Facilities Fund
Management of the Civic Center Was outsourced to Global Spectrum Inc. (Global
Spectrum) beginning January 1, 2009, thus FY10 marked the first full fiscal year of
Civic Center operations under the management of Global Spectrum. The FY10
operating loss of $1.7 million, after adjusting for the Virginia Municipal League
Conference Host City Night festivities which affected this fund only in FY1 0, was an
improvement of $450,000 over the FY09 operating loss of $2.2 million.
In FY1 O,the General Fund subsidy was reduced by 18.7%, or $ 500,000, from FY09.
The General Fund subsidy covers the operating deficit in addition to debt service
(principal and interest) on long term debt of this fund. All but $5,000 of the
Honorable Mayor and Members of Council
October 7, 2010
Page 7
reduction was in operating subsidy. This subsidy reduction was accomplished
despite a sluggish economy which has reduced available discretionary income. The
Civic Center hosted 285 events in FY10, accommodating 217,784 customers.
While the number of events exceeded budget by 8.4%, the attendance fell short of
budget by 14.9%. Continued improvement is anticipated as Global Spectrum
becomes more familiar with the local market and capitalizes on its reputation and
market influence to maximize booking opportunities.
Parking Fund
The City's Parking Fund operates seven garages and six surface lots with a total
FY10 budget of $3.1 million. The FY10 operating income of $ 582,000 was an
increase of 18% or $88,000, compared to FY09. Total operating revenues declined
3% compared to FY09. The revenue decline at Tower Garage was 16%, as Wachovia
and Carilion continued reducing the number of parking spaces that they were
leasing. All other facilities combined to post a modest 0.4% improvement from
FY09. Performance improvement at Campbell Garage, selective rate increases, and
aggressive violation enforcement helped offset decreased revenues at four other
Park Roanoke facilities (Market Garage, Church Avenue Garage, Gainsboro Garage,
and Higher Ed Center Lot). Operating Expenses declined 7% from FY09, largely due
to deferring non-critical maintenance from FY10 to FY11. Interest Expense was
reduced by 23% or $114,000, largely due to bond refunding. The Parking Fund
achieved a net income of $246,000, a 258% improvement from FY09.
While each facility generates varying levels of income or loss, the Parking Fund as a
whole meets all cash flow needs, including debt service, without General Fund
subsidy and generates working capital to fund facility improvements and repairs.
Market Building Fund
The FY10 Market Building Fund final budget was $33; ,000, of which $95,000 was
General Fund subsidy. The FY10 operating loss was $184,000, a 56.7%
improvement over the FY09 loss, when sizable repair and maintenance projects
were conducted. Operating revenues were down $25,000 compared to FY09, as
tenants moved out in anticipation of the facility closing for renovations. There
were four tenant vacancies at the beginning of FY10, plus three additional
vacancies throughout FY1 O. Other Services and Charges costs decreased $276,000
from FY09, due primarily to lower repair and maintenance costs. Led by natural
gas, utility costs fell 13%, or $17,000. The building closed for renovations on
September 4,2010.
Honorable Mayor and Members of Council
October 7, 2010
Page 8
Fund Balances
The Budget Stabilization Reserve serves as a funding source for emergencies or
unforeseen declines in revenues, and it is supported by the Budget Stabilization
Reserve Policy which was adopted by City Council in May 2005. The policy states
that the reserve minimum will be 5% of the General Fund budget with a target of
8%. The balance as of June 30, 2010 is $19,278,522 or 7.61% of the budget, an
increase from 7.45% at the end of the prior year. The reserve increased in the
amount of $122,914 as a result of interest earnings. Because this reserve target is
a percentage of General Fund budget, a portion of the percentage increase is due
to the contraction of the budget from FY1 0 to FY11.
The Reserve for Uninsured Claims is required by City Code which mandates that an
annual allocation of $250,000 will be made to develop a reserve equal to 3% of the
General Fund budget. The current year allocation of $250,000 will subsequently
be transferred to the Risk Management Fund where the City's insurance program is
managed. The Risk Management Fund includes long-term liabilities based on the
projection of expense that will ultimately be paid by the City on workers'
compensation and other claims.
The Reserve for Encumbrances is the balance required to be carried forward to
meet contracted obligations of the City which were not completed by the end of the
fiscal year and will be paid during the upcoming year. City Council approves re-
appropriation of these amounts during budget adoption. The FY10 commitments
carried forward total $598,939.
Undesignated Fund Balance remains after all revenues and obligations of the
General Fund are accounted for, including reserve allocations. This balance may
include both a City and School component depending upon the extent to which
fund balance is created by excess revenues versus unspent appropriations. Fund
balance derived from local tax revenues that exceed budget are shared with
Schools using the same funding formula through which local taxes are shared
throughout the year, whereas savings from unspent expenditures remain on the
City's ledger. The current year increase in undesignated fund balance is
$2,951,814. Additional inform~tion on fund balances is included in subsequent
statements.
Pension Plan Trust Fund
The fair market value of investments held within the Plan was $324.8 million as of
June 30, 2010. The plan continues to invest with a long-term strategy and actively
manages investments to that effect. The plan utilizes benchmarks to measure its
Honorable Mayor and Members of Council
October 7, 2010
Page 9
performance within the investment markets. Strong performance during the first
three quarters of FY 2010 significantly offset losses incurred during the last
quarter of the year. Investment returns for the fiscal year were 12.2% for the
overall Plan, compared to the Plan's composite policy index which performed
11.3%.
Cone! us ion
We believe the results presented in this report are materially correct; however, we
want to reiterate that the City amounts discussed within this report are unaudited
and subject to change during the course of our external. audit. A report of all
funds of the City will be included within the Comprehensive Annual Financial
Report (CAFR) which is currently being prepared. I would like to thank City Council,
the administration, and especially the dedicated staff of the Department of Finance
and the Roanoke City Public Schools Fiscal Services Department for their support
throughout FY1 O.
(
Sincerely,
1QJ6~
Ann H. Shawver
Director of Finance
Attachments
c: Christopher P. Morrill, City Manager
William M. Hackworth, City Attorney
Stephanie M. Moon, City Clerk
Drew Harmon, Municipal Auditor
James Grigsby, Assistant City Manager
R. Brian Townsend, Assistant City Manager
Sherman M. Stovall, Director of Management and Budget
Deborah J. Moses, Parking Facilities Manager
Chris M. Connelly, Genera! Manager, Global Spectrum
Rita D. Bishop, Superintendent, Roanoke City Public Schools
Curtis Baker, Deputy Superintendent of Operations,
Roanoke City Public Schools
City of Roanoke
Financial. Report to City Council ~
Fiscal Year Ended June 30, 2010
(Unaudited)
Prepared by the Department of Finance
Presented October 7, 2010
General Fund Undesignated Fund Balance
School Portion of Undesignated Fund Balance - Detail
Budget Stabilization Reserve .
General Fund Statement of Revenues & Expenditures
Civic Facilities Fund Statement of Income & Expenses
Parking Fund Statement of Income & Expenses
Market Building Fund Statement of Income & Expenses
Treasurer's Statement of Accountability
Pension Plan - Statement of Changes in Net Assets
Pension Plan - Statement of Plan Net Assets
Report of City Manager Transfers
Report of the Budget Contingency
1 1
12
13
14
1 5
16
1 7
1 8
1 9
20
21-23
24-25
10
City of Roanoke, Virginia
General Fund Undesignated Fund Balance
June 30, 2010
(Unaudited)
City Allocation of General Fund Undesignated Fund Balance
General Fund Revenues Under Estimated Amounts
(6,240,671 )
General Fund Unobligated Appropriations
10,141,496
Less: Allocation of Interest to Undesignated Fund Balance - Schools
Less: Allocation to the Reserve for Uninsured Claims
Less: Allocation of Interest to the Budget Stabilization Reserve ,
(1,858)
(250,000)
(122,914)
3,526,053
Current Year Change in General Fund Undesignated Fund Balance:
Undesignated Fund Balance Allocated to Schools:
Current Year Undesignated Fund Balance Retained by City:
(284,622) *
3,241,431
Prior Year Unspent Fund Balance:
1,657,703
Total City Allocation of General Fund Undesignated Fund Balance:
4,899,134
School Allocation of General Fund Undesignated Fund Balance
Current year interest earnings on prior year balance
1,858
Prior Year Unspent Fund Balance:
General Fund Undesignated Fund Balance Allocation
Fund Balance Transfer to School Board for FY10
289,617
284,622
(576,097)
Total School Allocation of General Fund Undesignated Fund Balance:
**
Total General Fund Undesignated Fund Balance:
4,899,134
* The current year increase in General Fund Undesignated Fund Balance is primarily from
unspent expenditure appropriations. Revenue accruals at year end resulted in an
allocation of $284,262 of fund balance to RepS.
** The prior year school allocation of fund balance, current year interest and the current year
true up for school funding will be moved to the Schools resulting in a $0 ending
fund balance allocation for FY1 O.
11
City of Roanoke, Virginia
Calculation of Projected General Fund Undesignated Fund Balance to Allocate to the School Board
June 30, 2010
(Unaudited)
Local Taxes
General Property Taxes
Other Local Taxes
Total Local Taxes
$ 111,095,663
68,165,882
179,261,545
Less: Local Taxes Dedicated for Specific Purposes
Utility Consumer Tax Dedicated to Roanoke River Flood Reduction
Telecommunications Taxes Dedicated to E-911 and Cable TV Access Channel
Current Downtown District Real Estate Tax
Delinquent Downtown District Real Estate Tax
Current Williamson Road District Real Estate Tax
Delinquent Williamson Road District Real Estate Tax
Downtown District Public Service Tax
Cigarette Tax to Support Debt Service of Bonds Issued for
Jail and Juvenile Detention Home
Motor Vehicle License Tax to Support Debt Service of Bonds Issued for
Jail and Juvenile Detention Home
Cigarette Tax for COPE Team and Convention and Visitor's Bureau
Transient Room Tax to Support Convention and Visitors Bureau
Telecommunications Right of Way Use Fee Dedicated to Paving
One Cent Real Estate Tax Dedicated to Economic Development
One Cent Transient Occupancy Tax Dedicated to Tourism
Ten Cents Cigarette Tax Dedicated to Curb, Gutter and Sidewalk
Debt Service on Bonds Issued for Innotech Project
Admissions Tax Dedicated to Civic Center Project or Cultural Agencies
Local Taxes Dedicated to Ivy Market Performance Agreement
Local Taxes Dedicated to Home Depot Performance Agreement
Local Taxes Dedicated to District at Valley View Performance Agreement
Local Taxes Dedicated to District at Maple Leaf Performance Agreement
One Cent Meals Tax D.edicated to Debt Service
Cigarette Taxes Dedicated to Curb, Gutter and Sidewalk Debt Service
Net Local Taxes
School Percentage Share of Local Taxes
Additional Local Support
Additional Local Support - Funding Commitment
(808,000)
(1,800,000)
(370,387)
(12,863)
(89,814)
(3,221 )
(30,843)
(305,000)
(325,000)
(501,429)
(200,000)
(439,40q)
(650,785)
(376,648)
(465,779)
(984,000)
(40,185)
(352,745)
(267,654)
(296,234)
(65,874)
(2,231,982)
(386,100)
168,257,596
36.42% *
61,279,417
(200,000)
25,000
61,104,417
1,047,523
1,000,000
63,151,940
(62,867,318)
$ 284,622 **
School Share of Local Taxes
Other Adjustments:
Deduct Interest Earnings
Add Roanoke Adolescent Health Partnership
Net Shared Local Taxes
Net School Transfer
Less: FYi 0 Local Funding Provided to School Board
Allocation of Undesignated Fund Balance to School Board
* Percentage share based on Revenue Allocation Model
** Local taxes are not final and adjustments made during our audit process may impact the total allocation
of undesignated fund balance to the School Board.
Compared to the adopted budget for FYi 0, final funding to Schools was down by $695,521 as a result of the
contraction in local tax revenues. FYi 0 funding compared to FY09 was up 0.6% $360,899.
12
City of Roanoke, Virginia
Budget Stabilization Reserve
Per Resolution 37053 (Adopted May 10, 2005)
June 30,2010
(Unaudited)
Reserve Roll Forward:
Amount
Budget Stabilization Reserve, July 1, 2009
$
19,155,608
Interest earnings
. 122,914
Budget Stabilization Reserve, June 30, 2010
$
19,278,522
Reserve Policv Parameters:
Total General Fund Budget FY11
$ 253,363,000
5%
$ 12,668,150
Minimum Designated Budget Stabilization Reserve
Total General Fund Budget FY11
$ 253,363,000
8%
$ 20,269,040
Tarqet Designated Budget Stabilization Reserve
13
% Budget
7.45%
7.61%
CITY OF ROANOKE, VIRGINIA
GENERAL FUND
FOR THE TWELVE MONTHS ENDED JUNE 30, 2010
STATEMENT OF REVENUE
(UNAUDITED)
Final Revenue
Revenue Budget
Revenue Source Budget Variance
General Property Taxes $ 100,966,000 $ 2,053,671
Other Local Taxes 72,499,000 (4,333,118)
Permits, Fees and Licenses 1,166,000 (285,653)
Fines and Forfeitures 1,472,000 138,215
Revenue from Use of Money and Property 597,000 (19,430)
Intergovernmental 72,823,425 (3,393,312)
Charges for Services 8,469,000 (496,644)
Internal Services 2,918,412 38,496
Transfers From Other Funds 100,586
Miscellaneous Revenue 505,000 57,104
Total $ 261,516,423 $ (6,240,671 )
Actual
July 1 - June 30
2009 - 2010
$ 103,019,671
68,165,882
880,347
1,610,215
577,570
69,430,113
7,972,356
2,956,908
100,586
562,104
$ 255,275,752
Actual Percent of
July 1 - June 30 Budget FY10 vs FY09
2008 - 2009 Received Variance
$ 102,177,312 102.0% 0.8 %
71,341,264 94.0% -4.5 %
1,053,443 75.5% -16.4 %
1,558,517 109.4% 3.3 %
936,820 96.7% -38.3 %
71,119,903 95.3% -2.4 %
8,570,403 94.1% -7.0 %
3,045,639 101.3% -2.9 %
33,333 100.0% 201.8 %
670,344 111.3% -16.1 %
$ 260,506,978 97.6% -2.0 %
STATEMENT OF EXPENDITURES AND ENCUMBRANCES
(UNAUDITED)
Final
Expenditure Unencumbered
Expenditures Budget Balance
General Government $ 12,242,166 $ 216,149
Judicial Administration 7,958,005 691,728
Public Safety 60,453,395 703,874
Public Works 24,186,435 .53,246
Health and Welfare 43,033,485 802,469
Parks, Recreation and Cultural 9,333,812 84,383
Community Development 6,959,079 326,495
Transfer to Debt Service Fund 22,334,990 270,824
Transfer to School Fund 63,847,461 980,143
Nondepartmental 12,446,271 6,012,185
Total $ 262,795,099 $. 10,141,496
Actual
July 1 - June 30
2009 - 2010
$ 12,026,017
7,266,27.7
59,749,521
24,133,189
42,231,016
9,249,429
6,632,584
22,064,166
62,867,318
6,434,086
$ 252,653,603
14
Actual Percent of
July 1 - June 30 Budget FY10 vs FY09
2008 - 2009 Obligated Variance
$ 13,069,831 98.2% -8.0 %
8,492,454 91.3% -14.4 %
60,765,602 98.8% -1.7 %
25,688,555 99.8% -6.1 %
42,758,545 98.1% -1.2 %
10,766,200 99.1% -14.1 %
6,931,036 95.3% -4.3 %
21,431,722 98.8% 3.0 %
62,506,419 98.5% 0.6 %
7,786,392 51.7% -17.4 %
$ 260,196,756 96.1% -2.9 %
CITY OF ROANOKE, VIRGINIA
CIVIC FACILITIES FUND
COMPARATIVE STATEMENT OF REVENUES AND EXPENSES
FOR THE TWELVE MONTHS ENDED JUNE 30,2010
(FY2010 UNAUDITED)
FY 2010 FY 2009
OperatinQ Revenues
Rentals $ 3,420,339 $ 2,614,845
Event Expenses 1,670,142 898,368
Advertising 96,715 55,987
Admissions Tax 455,386 92,982
Facility Surcharge/Ticket Rebate 383,001 377,115
Commissions 157,500 235,465
Ancillary 81 ,300 36,737
Miscellaneous 110,105 860
Total Operating Revenues 6,374,488 4,312,359
OperatinQ Expenses
Personal Services 1,155,229 1,329,630
Operating Expenses 5,745,929 4,101,775
Management Fees 357,742 156,120
Depreciation 914,556 915,111
Total Operating Expenses 8,173,456 6,502,636
Operating Loss (1,798,968) (2,190,277)
NonoperatinQ Revenues/(Expenses)
Other 30,614 15,509
Investment Income 29,835 13,654
Interest Expense (596,042) (636,197)
Net Nonoperating Expenses (535,593) (607,034)
Loss Before Transfers and Contributions (2,334,561 ) (2,797,311)
Transfers and Contributions
Transfer from Capital Projects Fund 78,317
Transfer from General Fund 2,178,100 2,678,100
Transfer to Debt Service Fund (63,494 ) (65,244)
Net Transfers and Contributions 2,192,923 2,612,856
Change in Net Assets $ (141,638) $ (184,455)
NOTE: Differences in operating and accounting methods used by the City and Global Spectrum diminish
the meaningfulness of comparisons between FY09 and FY10 above the Operating Loss line.
15
CITY OF ROANOKE, VIRGINIA
PARKING FUND
COMPARATIVE STATEMENT OF REVENUES AND EXPENSES
FOR THE TWELVE MONTHS ENDED JUNE 30, 2010
(FY2010 UNAUDITED)
FY 2010 FY 2009
Operatin~ Revenues
Market Garage $ 337,966 $ 353,889
Elmwood Park Garage 520,135 513,897
Center in the Square Garage 297,127 278,213
Church Avenue Garage 659,730 688,905
Tower Garage 420,419 500,789
Gainsboro Garage 124,277 130,142
Campbell Garage 33,842 19,300
Williamson Lot 90,735 84,182
Higher Ed Center Lot 51,318 60,399
Market Lot 23,077 22,071
Elmwood Lot 80,135 72,395
Warehouse Row Lot 36,765 33,151
West Church/YMCA Lots 26,270 26,270
Parking Violations (All Locations) 31,474 21,152
Total Operating Revenues 2,733,270 2,804,755
Operatin~ Expenses
Operating Expenses 1,323,440 1,491,499
Depreciation 827,530 818,802
Total Operating Expenses 2,150,970 2,310,301
Operating Income 582,300 494,454
Nonoperatin~ Revenues/CExpenses)
Investment Income 32,115 57,128
Interest Expense (382,932) (496,683)
Net Nonoperating Expenses (350,817) (439,555)
Income Before Transfers and Contributions 231 ,483 54,899
Transfers and Contributions
Transfer from General Fund 14,466
Transfer from Capital Projects Fund 14,300
Transfer to DoT Fund (779)
Net Transfers and Contributions 14,300 13,687
Change in Net Assets $ 245,783 $ 68,586
16
CITY OF ROANOKE, VIRGINIA
MARKET BUILDING FUND
COMPARATIVE STATEMENT OF REVENUES AND EXPENSES
FOR THE TWELVE MONTHS ENDED JUNE 30, 2010
(FY2010 UNAUDITED)
FY 2010
FY 2009
Operatina Revenues
Charges for Services
$
199,753
$
224,637
Total Operating Revenues
199,753
224,637
Operatina Expenses
Other Services and Charges
Depreciation
272,748
111 ,190
548,987
100,887
Total Operating Expenses
383,938
649,874
Operating Loss. (184,185) (425,237)
Nonoperatina Revenues
Investment Income 10,789 3,172
Miscellaneous 88
Net Nonoperating Revenues 10,789 3,260
Loss Before Transfers & Contributions (173,396) (421,977)
Transfers and Contributions
Transfer from Capital Projects Fund 2,205,062 (1 ) 120,000
Transfer from General Fund 94,500 275,000
Net Transfers and Contributions 2,299,562 395,000
Change in Net Assets $ 2,126,166 $ (26,977)
(1) Funding for Market Building renovation.
17
CITY OF ROANOKE, VIRGINIA
CITY TREASURER'S OFFICE
GENERAL STATEMENT OF ACCOUNTABILITY
FOR THE MONTH ENDED JUNE 30, 2010
TO THE DIRECTOR OF FINANCE:
GENERAL STATEMENT OF ACCOUNTABILITY OF THE CITY TREASURER OF THE CITY OF ROANOKE, VIRGINIA
FOR THE FUNDS OF SAID CITY FOR THE MONTH ENDED JUNE 30,2010.
,-",',
BALANCE AT
MAY 31, 2010
CONSOLIDATED FUNDS $61,758,265.92
RECEIPTS
$25,971,766.46
BALANCE AT BALANCE AT
DISBURSEMENTS JUN 30, 2010 JUN 30, 2009
$23,577,130.39 $64,152,901.99 $101,172,514.62
CERTIFICATE
I HEREBY CERTIFY THAT THE FOREGOING IS A TRUE STATEMENT OF MY ACCOUNTABILITY
TO THE CITY OF ROANOKE, VIRGINIA, FOR THE FUNDS OF THE VARIOUS ACCOUNTS THEREOF
FOR THE MONTH ENDING JUNE 30, 2010. THAT SAID FOREGOING:
CASH
CASH IN HAND
CASH IN WACHOVIA BANK
CASH IN HOMETOWN BANK
CASH IN VALLEY BANK
INVESTMENTS:
WACHOVIA OVERNIGHT SWEEP ACCOUNT
LOCAL GOVERNMENT INVESTMENT POOL
SMITH BARNEY GOVERNMENT MONEY MARKET FUND
CERTIFICATES OF DEPOSIT
U. S. AGENCIES
VIRGINIA AIM PROGRAM (U. S. SECURITIES)
VIRGINIA SNAP PROGRAM (U. S. SECURITIES)
TOTAL
$18,433.52
258,802.46
100.00
2,237.41
81,000.00
24,027,892.71
5,236,092.90
21,002,939.64
~,OOO,OOO.OO
3,249,649.39
5,275,753.96
$64,152,901.99
JULY21,2010
~A,.~
~YNW.POWERS,TREASURER
.18. .
CITY OF ROANOKE PENSION PLAN
STATEMENT OF CHANGES IN PLAN NET ASSETS
FOR THE TWELVE MONTHS ENDED JUNE 30, 2010
(UNAUDITED)
FY 2010
Additions/( Reductions):
Employer Contributions
$ 11,046,210
Investment Income
Net Appreciation/(Depreciation) in Fair Value of Investments
Interest
Dividends
Other
Total Investment Gain/(Loss)
Less Investment Expense
Net Investment Gain/(Loss)
27,006,755
586,157
4,392,805
23,418
32,009,135
826,962
31,182,173
Securities Lending Income
Securities Lending Income
Less Securities Lending Expense
156,381
89,098
67,283
Total Additions/(Reductions)
$ 42,295,666
FY 2009
$ 11,842,752
(69,643,465)
30,788
6,983,485
13,464
(62,615,728)
768,723
(63,384,451 )
454,338
269,026
185,312
$ (51,356,387)
Deductions
Benefits Paid to Participants $ 27,909,420 $ 26,266,843
Administrative Expenses 337,878 331,945
Total Deductions 28,247,298 26,598,788
Net Increase/(Decrease) 14,048,368 (77,955,175)
Net Assets Held in Trust for Pension Benefits:
Fund Balance July 1 266,428,241 344,383,415
Fund Balance June 30 $ 280,476,609 $ 266,428,240
19
CITY OF ROANOKE PENSION PLAN
STATEMENT OF PLAN NET ASSETS
JUNE 30, 2010
(UNAUDITED)
FY 2010
FY 2009
Assets
Cash
Investments, at Fair Value
Employer Contributions Receivable
Accrued I,nvestment Income
$ 565,934
324,832,546
106,041
338,438
$ 854,136
290,367,539
94,988
56,118
T ota I Assets
$ 325,842,959
$ 291,372,781
Liabilities and Net Assets
Liabilities:
Due to Other Funds
Accounts Payable
Payable for Cash Collateral on Loaned Securities
$ 789 $ 6,458
254,211 222,348
45,111,350 24,715,735
45,366,350 24,944,541
$ 280,476,609 $ 266,428,240
Total Liabilities
Net Assets Held in Trust For Pension Benefits
20
City of Roanoke, Virginia
Report of City Manager Transfers
Year Ended June 30, 2010
(Unaudited)
Transfer
Number _ Date Explanation From To Amount
CMT09-00140 07/22/09 Acoustical Improvements - GRTC Trolley Match Civic Facilities - Civic Center $ 47.447
Special Events Center Expansion Project
CMT09-00146 07/30/09 HOME Investment Partnership Grant Fund HOME Investment Partnership 69,277
Program Program
CMT09-00150 08/11/09 Allocation of Mini-grant and Mini-Grant and Donations Police - Services 26.648
Donated Funds Contingency
CMT09-00186 08/28/09 Executive Search Firm for City Miscellaneous Human Resources 25,000
Manger
CMT09-00193 09/09/09 Reinstating Funding to Roanoke Budget Contingency Park and Recreation and 25,352
Greenways Commission and Electoral Board
Provide Funding to Electoral
Board/Registrar
CMT09-00194 09/16/09 Replace Two Marked Vehicles Jail Fleet Management 52,966
CMT09-00196 09/18/09 Thermal Imaging Camera and 5 General Fund Contingency Fire - Operations 36,000
Inch Fire Hose
CMT09-00 198 10/01/09 To Transfer Needed Funds to Comprehensive Greenway Hamilton Terrace Greenway 18,000
Complete the Hamilton Terrace Trail
Greenway Project
CMT09-00215 10/21/09 To Fund Shortage in Tax Sale Budget Contingency Billings and Collections 35,000
Account to Continue with Tax
Sales Planned for January 2010
and May 2010
CMT09-00216 10/22/09 Transfer of Budget for VML VML - Capital Contribution Civic Facilities - Operating 52.450
Conference from Capital Projects
Fund to Civic Facilities Fund
CMT09-00219 11/04/09 To Provide Funding for Event Traffic Management Golf Course - Operating 75,000
Management Fee - Operation of Project
Countryside Golf Course
CMT10-00011 02/02/10 FY2010 Budget Reductions Transportation - General Fund Contingency 57,526
Engineering & Operations
CMT10-00012 02/02/10 FY2010 Budget Reductions Engineering General Fund Contingency 36,000
CMT10-00013 02/02/10 FY2010 Budget Reductions Human Resources General Fund Contingency 65,934
CMT10-00014 02/02/10 FY2010 Budget Reductions E-911 Center General Fund Contingency 71,424
CMT10-00017 02/02/10 FY2010 Budget Reductions Custodial Services General Fund Contingency 47,590
CMT10-00025 02/02/10 FY2010 Budget Reductions Juvenile & Domestic General Fund Contingency 12,536
Relations Court Services
CMT10-00033 02/02/10 FY2010 Budget Reductions Planning, Building & General Fund Contingency 27,736
Economic Development
CMT10-00034 02/02/10 FY2010 Budget Reductions Building General Fund Contingency 13,900
Inspections/Neighborhood
Services
CMT10-00035 02/02/10 FY2010 Budget Reductions Neighborhood Services General Fund Contingency 10,050
CMT10-00041 02/03/10 FY2010 Budget Reductions Human Services Support General Fund Contingency 10,241
(Continued)
21
City of Roanoke, Virginia
Report of City Manager Transfers
Year Ended June 30, 2010
(Unaudited)
Transfer
To
Number
Date Explanation
CMT10 -00044
02/03/10 FY2010 Budget Reductions
CMT10 -00045
02/03/10 FY2010 Budget Reductions
CMT10 -00046
02/03/10 FY2010 Budget Reductions
CMT10 -00050
02/03/10 FY2010 Budget Reductions
CMT10 -00052
02/03/10 FY2010 Budget Reductions
CMT10 -00083
03/02/10 Additional Funding for Weed and
General Fund Contingency
Trash Abatement
CMT10 -00089
04/21/10 FY2010 Budget Reductions
CMT10 -00091
04/21/10 FY2010 Budget Reductions
CMT10 -00092
04/21/10 FY2010 Budget Reductions
CMT10 -00094
04/21/10 FY2010 Budget Reductions
CMT10 -00101
05/04/10 Allocation of Motor Fuel
Contingency to Individual Fire -
Building Maintenance
EMS Units
CMT10 -00106
05/20/10 Complete the Market Garage
General Fund Contingency
Facade Design & Facility
Libraries
Expansion Project
CMT10 -00134
07/06/10 Transfer of Funding for Randall
Fire - Operations; Emergency
Funding Contract
CMT10 -00139
07/14/10 Repayment of Funding for Fire
Program Grant to the Capital
Administration; Fire - Support;
Project Contingency
CMT10 -00155
08/12/10 To Move Funds from the
Departmental Operating Budget
Facade Replacement - Market
to the Debt Service Fund for
Capital Lease Reporting
CMT10 -00157
08/12/10 To Move Funds from the
Departmental Operating Budget
to the Debt Service Fund for
Capital Lease Reporting
CMT10 -00158
08/12/10 To Move Funds from the
Departmental Operating Budget
to the Debt Service Fund for
Capital Lease Reporting
CMT10 -00165
08/16/10 To Move Funds from the
Departmental Operating Budget
to the Debt Service Fund for
Capital Lease Reporting
CMT10 -00167
08/16/10 To Move Funds from the
Departmental Operating Budget
to the Debt Service Fund for
Capital Lease Reporting
CMT10 -00175
08/18/10 To Move Funds from the
Departmental Operating Budget
to the Debt Service Fund for
Capital Lease Reporting
22
From
To
Amount
City Clerk
General Fund Contingency
$ 10,631
Director of Finance
General Fund Contingency
14,690
Billings & Collections
General Fund Contingency
15,368
Youth Haven
General Fund Contingency
20,655
Crisis Intervention
General Fund Contingency
13,039
General Fund Contingency
Neighborhood Services
30,329
Transportation - Streets
General Fund Contingency
287,248
and Traffic; Solid Waste
Mgt. - Refuse /Recycle
Building Maintenance
General Fund Contingency
354,151
Parks and Rec. - Admin.
General Fund Contingency
212,723
Libraries
General Fund Contingency
83,300
Motor Fuel Contingency
Fire - Operations; Emergency
58,901
Medical Services; Fire -
Administration; Fire - Support;
Emergency Management
Capital Improvement
Facade Replacement - Market
14,300
Reserve - Contingency Garage
Capital Improvement Grant Writing Services 36,000
Reserve NC
Fire Program Grant FY10 Capital Improvement Reserve 40,000
Police Services Debt Service - Principal 15,814
DOT Capital Outlay Debt Service - Principal 49,760
DOT Capital Outlay Debt Service - Interest 26,524
Jail Debt Service - Principal and 16,831
Interest
City Clerk Debt Service - Principal and 12,823
Interest
Debt Service - Principal DOT Capital Outlay /Fleet 87,372
and Interest Management
(Continued)
Transfer
Number
CMT10-00180
CMT10-00181
Date
08/19/10
08/19/10
City of Roanoke, Virginia
Report of City Manager Transfers
Year Ended June 30, 2010
(Unaudited)
Explanation
From
To
Funding for Snow Removal and
Streets and Traffic
BudgeVMotor Fuel
Contingency
Snow Removal and Streets
and Traffic
Funding for Auditing Internal
Printing, City Council Search
Expenses, Commissioner of the
Revenue Printing, Magistrate
Administrative Supplies, Circuit
Court Jury Fees/Administrative
Supplies, Fleet Parts and Labor
for Parks
Budget Contingency
Municipal Auditing, City
Council, Commissioner of the
Revenue, Magistrate, Circuit
Court and Parks
Notes:
Under City Code section 2-121, the City Manager has authority to make transfers up to $75,000 between departments from
July through March and in any amount from April to June. The City Manager has the authority to make unlimited transfers
within departments. The scope of this report is limited to interdepartment transfers that are $10,000 or greater.
23
Amount
$ 451,000
69,710
City of Roanoke, Virginia
Report of Budget Contingency
Year Ended June 30, 2010
(Unaudited)
Transfer
Number Date Explanation To Amount
Balance of Contingency at July 1, 2009 $ 1,107,354
Continqency Transfers:
CMT09-00193 09/09/09 VMOT Contribution, Electoral Board (18,632)
Roanoke Greenways
Commission Funding
Restoration and Electoral
CMT09-00196 09/19/09 Funding for Thermal Fire (36,000)
Imaging Camera and 5 Inch
Fire Hose
CMT09-00199 10/06/09 Funding for Refreshments at Human Resources (955)
Diversity Conference
CMT09-00215 10/21/09 To Fund Shortage in Tax
Sale Account to Continue Billings and Collections (35,000)
with Tax Sales Planned for
January 2010 and May 2010
CMT09-00228 11/23/09 Funding to Cover
Environmental Issue Environmental Management (5,900)
Expenditures
CMT10-00070 02/08/1 0 Funding for Environmental Environmental Management (8,926)
Legal Services
CMT10-00070 02/08/10 Funding for Community Department of Management (440)
Budget Meetings and Budget
CMT10-00083 03/02/1 0 Funding for Weed and Neighborhood Services (30,329)
Trash Abatement
CMT10-00138 07/14/10 Funding for Downtown
Roanoke, Inc. and
Williamson Road Area
Business Association City Manager - Memberships (104,977)
Payments - Public Service and Affiliations
District component omitted
from originial budget
CMT10-00180 08/19/10 Snow Removal - Chemicals, Transportation - Snow
Expendable Equipment Removal (4,000)
(Continued)
24
City of Roanoke, Virginia
Report of Budget Contingency
Year Ended June 30, 2010
(Unaudited)
Transfer
Number Date Explanation To Amount
CMT10-00180 08/19/10 Environmental Management
Fleet Parts, Streets and
Traffic Fleet Parts and
Labor, Landscape Transportation - Streets and (422,300)
Maintenance, Traffic Traffic
Engineering Electricity, Fleet
Parts, Street Lighting
Electricity
CMT10-00181 08/19/1 0 Auditing Internal Printing Municipal Auditing (1,800)
CMT10-00181 08/19/10 City Council Search City Council $ (2,300)
Expenses
CMT10-00181 08/19/1 0 Commissioner of the Commission of the Revenue (580)
Revenue Printing
CMT10-00181 08/19/1 0 Magistrate Administrative Magistrates Office (30)
Supplies
CMT10-00181 08/19/1 0 Circuit Court Jury Fees, Circuit Court (4,200)
Administrative Supplies
CMT10-00181 08/19/1 0 Fleet Parts and Labor for Parks (60,800)
Parks
Available Contingency at June 30, 2010 $ 370,185
25
];.oop.m.. {J~fror
City of Roanoke, Virginia
Year End Financial Presentation
June 30, 2010
Prepared by the
Department of Finance
\
\
L
I
X eral roperty
Other Lca' Tax
/
peyn<its, Fees &
Licenses
/"
Fines & Forfeitures
Investment and
Rental Income
Intergovernmental
Charges for
Services
Internal Services
Transfer from Other
Funds
. Miscellaneous
Total
FY 2010
Budget
$ 100,966,000
72,499,000
1,166,000
1,472,000
597,000
72,823,425
8,469,000
2,918,412
100,586
505,000
$ 261,516,423
General Fund Revenues
FY 2010
Actual
(Unaudited)
$ 103,019,671
68,165,882
880,347
1,610,215
577,570
69,430,113
7,972,356
2,956,908
100,586
562,104
$ 255,275,752
FY 2009
Actual
$ 102,177,312
71,341,264
1,053,443
1,558,517
936,820
71,119,903
8,570,403
3,045,639
33,333
670,344
$ 260,506,978
FY10 vsFY09 %
$ Variance Variance
$ 842,359
(3,175,382)
(173,096)
51,698
(359,250)
(1,689,790)
(598,047)
(88,731)
67,253
(108,240)
($ 5,231,226)
0.8%
-4.5%
-16.4%
3.3%
-38.3%
-2.4%
-7.0%
-2.9%
201.8%
-16.1%
-2.0%
Budget $
Variance
$ 2,053,671
(4,333,118)
(285,653)
138,215
(19,430)
(3,393,312)
(496,644 )
38,496
57,104
($ 6,240,671)
0/0
Variance
2.0%
-6.0%
-24.5%
9.4%
-3.3%
-4.7%
-5.9%
1.3%
0.0%
11.3%
-2.4%
2
General Fund Local Tax Revenues
FY 2010
FY 2010 Actual FY 2009 FY10 vs FY09 % Budget $ %
Budget (Unaudited) Actual $ Variance Variance Variance Variance
/ $ 78,163,000 $ 79,340,016 $ 77,745,945 $ 1,594,071 2.1% $ 1,177,016 1.5%
Real Estate Tax
/
vlsaleSTax 21,356,000 18,095,643 20,448,423 (2,352,780) -11.5% (3,260,357) -15.3%
Personal
Property Tax 17,217,000 17,679,403 18,864,523 (1,185,120) -6.3% . 462,403 2.7%
Business D
License Tax 12,119,000 12,073,504 12,969,765 (896,261 ) -6.9% (45,496) -0.4%
Prepared Food
Tax 11,850,000 11,159,911 11,496,914 (337,003) -2.9% (690,089) -5.8%
Public Service
Tax 3,912,000 4,261,809 3,821,148 440,661 11.5% 349,809 8.9%
Transient Room
Tax 2,957,000 2,636,536 2,754,683 (118,147) -4.3% (320,464) -10.8%
Bank Stock Tax 800,000 1,473,670 960,846 512,824 53.4% 673,670 84.2%
All Other Local
Taxes 25,091,000 24,465,061 24,456,329 8,732 0.0% (625,939) -2.5%
/
Total $ 173,465,000 $ 171,185,553 $ 173,518,576 $ (2,333,023) -1.3% $ (2,279,447) -1.3%
3
.~ FY 2010
FY 2010 Actual FY 2009 FY10 vs FY09 0/0 Budget $ 0/0
Budget (Unaudited) Actual $ Variance Variance Variance Variance
Gener~1
, $ 12,242,166 $ 12,026,017 $ 13,069,831 $ (1,043,814) -8.0% $ 16,149) -1.8%
Gove~nment
Judicial
~ A~rliinistration 7,958,005 7,266,277 8,492,454 (1,226,177) -14.4% (691,728) -8.7%
. ... /
Public Safety 60,453,395 59,749,521 60,765,602 (1,016,081) -1. 7% (703,874) -1.2%
Public Works 24,186,435 24,133,189 25,688,555 (1,555,366) -6.1% (53,246) -0.2%
Health and Welfare 43,033,485 42,231,015 42,758,545 (527,530) -1.2% (802,4 70) -1. 9%
Parks and
Recreation 9,333,812 9,249,429 10,766,200 (1,516,771) -14.1% (84,383) -0.9%
Community
Development 6,959,079 6,632,584 6,931,036 (298,452) -4.3% (326,495) -4.7%
Transfer to Debt
Service Fund 22,334,990 22,064,166 21,431,722 632,444 3.0% (270,824) -1.2%
Transfer to School
Fund 63,847,461 62,867,318 62,506,419 360,899 0.6% (980,143) -1. 5%
Nondepartmental 12,446,271 6,434,087 7,786,392 (1,352,305) -17.4% (6,012,184) -48.3%
Total $ 262,795,099 $ 252,653,603 $ 260,196,756 $ (7,543,153) -2.9% $ (10,141,496) -3.9%
4
General Fund Expenditures and Encumbrances
Unspent General Fund
Expenditure Budget $10,141 ,496
All Other
$1,349,885
13%
Transfers to Other Funds
$1,081,221
11%
Salary Lapse
$780,517
8%
Social Services
$756,109
7%
Contingency
$774,509
8%
FY10 Departmental
Reductions
$5,399,255
53%
5
Enterprise Funds - Overview
o Civic Facilities, Parking, and Market Building operate in
a manner similar to private businesses through user
charges
o Operating revenues and expenses combine to yield
Operati ng Income/ ( Loss)
o Non-Operating revenues and expenses include Interest
Income and Expense as well as Transfers from the
General Fund known as subsidies
o Net Income/(Loss) is the combination of Operating and
Non-Operating Income / (Loss) and labeled as Change
in Net Assets
6
Civic Facilities Fund
Comparative Statement of Revenues and Expenses
For the Years Ending June 30, 2009 and 2010
(Unaudited)
FY 2010 FY 2009 Variance
Total Operating Revenues $ 6,374,488 $ 4,312,359 48%
Total Operating Expenses 8,173,456 6,502,636 -26%
Operating Loss (1,798,968) (2,190,277) 18%
Net Nonoperating Expenses (535,593) (607,034) 12%
Loss Before Transfers and Contributions (2,334,561 ) (2,797,311 ) 17%
Net Transfers and Contributions 2,192,923 2,612,856 -16%
Change in Net Assets $ (141,638) $ (184,455) 23%
o FY10 budget of $4.6 million funded by operating revenues and a General
Fund subsidy.
o Transfer from the General Fund was $500,000 less in FY10 than in FY09
($2.18 million in FY10 vs. $2.68 million in FY09).
7
Parking Fund
Comparative Statement of Revenues and Expenses
For the Years Ending June 30, 2009 and 2010
(Unaudited)
FY 2010 FY 2009 Variance
Total Operating Revenues $ 2,733,270 $ 2,804,755 -3%
Total Operating Expenses 2,150,970 2,310,301 7%
Operating Income 582,300 494,454 18%
Net Nonoperating Expenses (350,817) ( 439,555) 20%
Income Before Transfers and Contributions 231 ,483 54,899 322%
Net Transfers and Contributions 14,300 13,687 4%
Change in Net Assets $ 245,783 $ 68,586 258%
o Operates seven garages and six surface lots.
o Reduced maintenance expense in FY10 exhibits improvement in both
Operating Expense and Change in Net Assets.
o Net income of the fund is generating working capital to cash fund
maintenance and facility improvements.
8
Parking Net Income/ (Loss) by Facility
400,000
300,000
200,000
100,000
(100,000)
(200,000)
(300,000)
(400,000)
(500,000)
(600,000)
j'
_v ~ ~
=
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-
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./ - - ...- - ....- '---
I I I I I I I
_/ - -
_/
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I I I I I
Market ElmwoodPark Center in the Church Aw
Square
Tomr. Gainsboro Campbell Aw Surface Lots
9
,r
. Market Building Fund
Comparative Statement of Revenues and Expenses
For the Years Ending June 30, 2009 and 2010
(Unaudited)
FY 2010 FY 2009 Variance
Total Operating Revenues $ 199,753 $ '224,637 -11%
Total Operating Expenses 383,938 649,874 41%
Operating Loss (184,185) (425,237) 57%
Net Nonoperating Revenues 10,789 3,260 231%
Loss Before Transfers & Contributions ( 173,396) (421,977) 59%
Net Transfers and Contributions 2,299,562 395,000 482%
Change in Net Assets $ 2,126,166 $ (26,977) 7981 %
o Tenant vacancies negatively impacted revenues in both years, but more so
in FY10.
o FY09 operating loss driven by October 2008 maintenance and repair
program ($205,000).
o Transfer from Capital Projects Fund of $2.21 million to provide cash funding
for the Market Building renovation.
10
General Fund
Fund Balance
o Budget Stabilization Reserve - $19.3 million
o Maintained as a funding source for emergencies or unforeseen
declines in revenues
o Supported by the Budget Stabilization Reserve policy
o Reserve required to be maintained between 50/0 and target of 80/0
of the adopted expenditure budget
o June 30th 2010 reserve 7.61010 of General Fund Budget
o Reserve for Uninsured Claims - $250,000
o Transferred to the Risk Management Fund in the subsequent year
to fund self-insured liabilities _
o By City Code, Risk Management Fund reserve target is 30/0 of the
General Fund budget
o Reserve for Encumbrances - $598,939
o Necessary to fund purchase orders of June 30th that will be paid
in the upcoming fiscal year .
11
. , .
General Fund
Change in Undesignated Fund Balance
o Undesignated Fund Balance
o Remaining fund balance after other components
o Includes prior year balance of $1,947,320
o Current year increase was largely from unspent
expenditures
FY 10
July 1, 2009 Increase June 30, 2010
(Decrease)
City Share $ 1,657,703 $3,241,431 $ 4,899,134
School Share 289,617 * (289,617) -
Total $ 1,947,320 $2,951,814 $ 4,899,134
.
* City transferred -the School share to the Schools.
12
. ,
Economic & Community
Development Reserve
Council-adopted policy supports the reserve
Funded by proceeds from sale of property and
interest income on the reserve balance
o Floor of $1 million
o Balance of $3.7 million at June 30, 2010*
· City Capital Projects Fund $ 3,267,778
· School Capital Projects Fund $ 429,195
* Subsequent to June 30, 2010, an appropriation of $2,466,779 of
the reserve was made to fund the South Jefferson Redevelopment
project. The remaining City balance in the reserve is $800,999.
13
History of Fund Balances
\
)
/
~ Budget
~t~ bilization $17,045,683 $18,127,226 $18,839,896 $19,155,608 $19,278,522
/Reserve
General Fund 4,825,899 2,970,655 633,814 1,657,703 4,899,134
Undesignated
Economic &
Community 4,769,353 6,091,768 4,087,206 3,959,606 3,696,973
Development
Self-Insurance 3,034,565 3,307,533 1,509,416 335,306 (1,095,034 )
Reserve
School (22,522) 4,528,999 4,015,030 2,106,167 NA
Undesignated
NA - data was not available
14
Questions & Discussion
\..
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CITY OF ROANOKE
OFFICE OF CITY ATTORNEY
464 MUNICIPAL BUILDING
215 CHURCH AVENUE, SW
ROANOKE, VIRGINIA 24011-1595
OCT 21 2010
CITY MANAGER'S OFFICE
WILLIAM M. HACKWORTH
CITY AITORNEY
lELEPHONE: 540-853-2431
FAX: 540-853-1221
EMAIL: cityatty@roanokeva.gov
TIMOTHY R.SPENCER
STEVEN J. TALEVI
GARYE. TEGENKAMP
D~L.COLLINS
HEA:. R P. FERGUSON
ASS! CITY AlTORNEYS
October 19, 2010
The Honorable Mayor and
Members of City Council
Roanoke, Virginia
Re: Letter to Councilman Bestpitch from Billy Kingery of the Rescue 'Mission
Dear Mayor Bowers and Members of Council:
Council requested that I respond to the letter of September 23, 2010, to Mr. Bestpitch from
Billy Kingery, Board President of the Rescue Mission (a copy of the letter is attached), requesting that
the City ban the "single sale of alcohol" in the neighborhood of the Rescue Mission. Unfortunately,
State law does not permit localities to regulate the sale of alcoholic beverages, except for certain
regulations sp~cifically authorized by State law, and regulating the sale of individual servings of
alcohol is not one of these. Sec. 4.1-128, Code of Virginia, provides, in applicable part that "[n]o
county, city, or town shall, except as provided in 94.1-205 [pertains to license taxes] or 94.1-129
[pertains to Sunday sales of alcohol], adopt any ordinance or resolution which regulates or prohibits
the manufacture, bottling, possession, sale, distribution, handling, transportation, drinking, .use,
advertising or dispensing of alcoholic beverages in the Commonwealth." It would take a change in
State law for the City to have the authority to regulate single sales of alcohol.
Laws currently are in place dealing with the four alcohol-related problems enumerated by Mr.
Kingery in his letter: public drunkenness, underage drinking, littering, and soliciting.
Sec. 18.2-388, Code of Virginia, prohibits public intoxication, as does 921-10 of the Code of the
City of Roanoke. Sec. 18.2-388 provides:
If any person profanely curses or swears or is intoxicated in public, whether such
intoxication results from alcohol, n'l-rcotic drug or other intoxicant or drug of whatever
nature, he shall be deemed guilty of a Class 4 misdemeanor. In any area in which there
is located a court-approved detoxification center a law-enforcement officer may
authorize the transportation, by police or otherwise, of public inebriates to such
detoxification center in lieu of arrest; however, no person shall be involuntarily
detained in such center.
Underage drinking is prohibited by 994.1-304 and 4.1-305, Code of Virginia, which provide in
relevant part:
C).
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94.1-304: "
No person shall, except pursuant to subdivisions 1 through 5 of 94.1-200, sell any
alcoholic beverages to any person when at the time of such sale he knows or has reason
to believe that the person to whom the sale is made is (i) less than twenty-one years of
age, (ii) interdicted, or (iii) intoxicated.
94.1-305:
A. No person to whom an alcoholic beverage may not lawfully be sold under 94.1-304
shall consume, purchase or possess, or attempt to consume, purchase or possess, any
alcoholic beverage, except (i) pursuant to subdivisions 1 through 7 of 94.1-200; (ii)
where possession of the alcoholic beverages by a person less than 21 years of age is due
to such person's making a delivery of alcoholic beverages in pursuance of his
employment or an order of his parent; or (iii) by any state, federal, or local law-
enforcement officer when possession of an alcoholic beverage is necessary in the
performance of his duties. Such person may be prosecuted either in the county or city in
which the alcohol was possessed or consumed, or in the county or city in which the
person exhibits evidence of physical indicia of consumption of alcohol. It shall be an
affirmative defense to a charge of a violation of this subsection if the defendant shows
that such consumption or possession was pursuant to subdivision 7 of 94.1-200.
Littering is prohibited by a number of laws, including 914.1-3 of the Code of the City of
Roanoke and 918.2-324, Code of Virginia.
The City has a comprehensive solicitation ("panhandling") ordinance, 921-44.1, Code of the City
of Roanoke, which prohibits aggressive solicitations, and solicitations within certain types of areas.
The ordinance is about as encompassing as the Constitution allows; I do not believe that the City Call
simply ban soliciting within a given neighborhood (or the entire City, for that matter) or ban
solicitations just because of the purpose of the solicitation. What we can regulate is aggressive
solicitation, and solicitation within the public right-of-way and other areas where solicitations would
create a safety or other hazard, and we do that.
I have asked the City Manager's office to review the Rescue Mission's complaints to see if there
is any practical action that the City can undertake to try to prevent or alleviate the problems
complained of, and I am informed that that review is underway. Please let me know if you have any
questions about this matter. With kindest personal regards, I am
Sincerely yours,
~~~
William M. Hackworth
City Attorney
c: ~stopher P. Morrill, City Manager
Stephanie Moon, City Clerk
,
.'
,
miniS rles
o
September 23, 2010
The Honorable William D. Bestpitch
215 Church Ave. SW, Room 456
Roanoke, VA 24011-1594
Dear CouncilmanBestpitch:
In support of our Neighborhood Watch Group of which our CEO is an active member, we of the Rescue
Mission Board would like to offer our complete support of their request to ban the single sale of alcohol in
our neighborhood. We agree with the rationale behind this request in that the single sale of alcohol in
our neighborhood does. contribute to the following problems:
1) Public drunkenness
2) Under aged drinking
3) Excessive littering in our yards, alleys and sidewalks
4) Public begging on our streets
Public Drunkenness: For some people of limited means who are chronic substance abusers the ability
to buy single servings means that they can stay drunk in our neighborhood almost around the clock.
Some of these men and womerivisit the convenience stores in our neighborhood more than a dozen
times a day for the sole purpose of buying their next drink. This' inebriated traffic on our sidewalks
means that they are not safe for any of us. Inebriated people are more likely to get into altercations and
more likely to be involved in traffic accidents as drivers and as pedestrians. This is of real concern to
those of us who support the work of the Rescue Mission. The behaviors of these "few" who drink cans
and bottles in paper bags walking up and down our streets taint the image of all homeless people
Underage Drinking: The ability to purchase single servings of alcohol makes it more attractive to
juveniles. Although t11ere are laws prohibiting the sale of alcohol to minors, we are very aware that they
carl fjct ail o:der fr:3{~d to p'U:crJlase t:.6 ah:,ohcl for theni.
Excessive Littering: Every home owner in our neighborhood has to daily pick up beer cans and win~L
.E..ottl~~,as well as soda containers daily on our sidewalks, in our yards and in our alleys. The selling of
single servings means that these cans are thrown away as they are consumed by the drinkers. This
problem is complicated by the fact that the convenience stores are not required to have large metal trash
cans on the perimeters of their property and the City has not placed such cans within a three block radius
of the point of purchase. The Rescue Mission has a trash pick up crew daily picking up litter all up and
down 4th street and under the 581 Bridge. We collect an average of three large bags of litter each day.
The strategic placement of trash cans would help, but the limiting of sing Ie sale .alcohol would also really
cut down on the litter.
Public Begging: In an effort to secure the funds for these single sales of alcohol, there are daily
occurrences of public begging (especially at the 581 intersection, 9th street and 13th street intersections).
The behavior of these folks is dangerous to all of us who drive in these areas. We also recognize the
fact that this behavior makes a lifetime of addiction possible. We strongly believe that public begging
should be outlawed in our neighborhood. This again is a major problem for the Rescue Mission. Many
who are participating in the public begging downtown and at the street intersections are not homeless
P. O. Box 11525 . Roanoke, Virginia 24022-1525 . 402 Fourth Street, S.E., 24013-1403
(540) 343-7227 . Fax (540) 344-4387 . www.rescuemission.net . joy@rescuemission.net
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(although their signs say otherwise). Those who participate in this behavior are doing so for the sole
purpose of purchasing alcohol.
We would appreciate you putting this issue on your agenda. If you will let us know when it will be
discussed we would like to be present.
Thank you for your support of our work in trying to make our SE Neighborhoods a pleasant place to live
and enjoy and a safe place for all of us.
Siricereiy I
~~~........~.?~
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Roanoke Chapter, National Railway IDstorical Society
P.O. Box 13222
Roanoke, VA 24032-3222
RECEIVED
James G. Cosby, Treasurer
Tel 540-989-3198
Fax 540-989-3198
JimCosby@cox.net
September 24,2010
SEP 27: 2010
CIlY MANAGER'S OFFICE
'\ ~~..
Hon. David A. Bowers. Mayor
City of Roanoke Clerk's Office
215 Church Ave. SW, Suite 456
Roanoke, VA 24011
Hon. David B. Trinkle, Vice-mayor
City of Roanoke Clerk's Office
215 Church Ave. SW, Suite 456
Roanoke, VA 24011
Mr. Carl Palmer. General Manager
Greater Roanoke Transit Company
PO Box 13247
Roanoke, VA 24032-3247
..i
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:~~..1,1 ..~ .
Ms. Stephanie Giles
Director of Finance
Greater Roanoke Transit Company
PO Box 13247
Roanoke, VA 24032-3247
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Re: Unreimbursed bills for Virginian Railway Station restoration project
VA-EARMARK 1035 V A Railway Station
~'.~
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We write to express our concern regarding the extraordinary length of time it is taking for our
Chapter to be reimbursed for its expenses on the Virginian Railway station restoration project out
of this earmark grant We are also concerned that our inquiries and requests for information
about grant management and reimbursements have largely been unanswered. In a nutshell, on
March 10.2010, we requested reimbursement of $25,993.48 for professional fees and expenses
incurred to date. Having no response by May, I called Stephanie Giles on May 3, 5 and 6 and
left call-back messages in her voice mail. Still having no response, I called Carl Palmer on May
12th and discussed the situation with him. I then got a prompt call back from Ms. Giles who
stated that only $8,600.00 could be reimbursed now. that $2,100.00 had been de-obligated and
that we needed to submit further documentation in writing before the remainder could be
reimbursed.
"
We provided the requested additional documentation and received a payment of $8,627.00 on
May 19th. Ms. Giles advised by email on June 24 that $2,156.00 was de-obligated after
September 30, 2009 [for fiscal year 2009 expenses for which our reimbursement request was not
timely]; that expenses of $897.66 were disallowed as non-reimbursable; and that the remaining
balance of$14,313.00 would be reimbursed. Additional documentation was requested which we
provided promptly, but this amount is uncontested and is still not paid.
We do not contest the disallowance of the $897.66. However, of the $2,156.00 which was de-
obligated, according to our records the only expenses for which reimbursement was not timely
requested were two payments to American Consulting Services in June 2009 totaling $752.25.
Thus we contest disallowance of$1,403.75 (being $2,156.00 less $752.55). By my email on
June 29, 2010 to Ms, Giles, I reported our finding and position and requested a list of the charges
comprising the $2,156 of disallowed claims. I also requested a copy of the transmittal document
by which our information was forwarded to Tony Cho of the Federal Transit Administration for
review. To date, we have received neither.
Conclusion and Request.
It has been six and one-halfmontbs since our reimbursement request of March 10,2010. To
date, we have received only approximately one-third of the amount requested. The amount of
$14,313.00 is uncontested but remains unpaid. We contest $1,403.75 of the $2,156.00 de- ..
obligated and have requested an accounting for this. We have received none. We have promptly
replied to and provided documentation requested by all letters or email writte~ to us, .
.
....'"
.
.
By any measure, the delay in the administration of our grant and payment of our reimbursements .
is unsatisfactory. Roanoke Chapter NRHS is a non-profit corporation which (along ~thour . .
restoration partner Roanoke Valley Preservation Foundation) has undertaken to restore an .
historic structure important to Roanoke's history and architecture. We are not able to fund1arge'
capital construction costs out of our own resources without prompt reimbursement .of our justly
qualified expenses. We have no desire to fud fault and lay blame. We do want to find a cure for
the inordinate delays and work with the City and Valley Metro to resolve the current issues and
streamline the process so that the reimbursement timeline can be reduced from six months to 60
days.
To that end we request a meeting ofNRHS representatives with representatives from Valley
Metro and at least one of the Roanoke City Council members currently on the Valley Metro
board to find a cure for the delays.
If you require any further information or documentation, please let us know. Thank you for your
consideration.
Sincerely yoursh/ LI"-7J"
IS~~;b;-vr
APprjeli /J 1
/s/J~~
Jeffry L. Sanders
President
James G. Cosby
Contracting Officer
encl
cc: Mr. Christopher P. Morrill, City Manager
\
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Attachment A
Chronology of Events
Uncontested Background.
1. 07/02/07 Date of Release of Application for Federal Assistance (Attachment 1 to Project
Agreement).
2. 07/01/07 Master Agreement for U~ of Commonwealth Transportation Funds
(Agreement between Virginia Department of Rail and Public Transportation and Greater
Roanoke Transit Company; this is Attachment 2 to Project Agreement).
3. 09/04/07 Project Agreement for Use of Federal Transit Administration Section 5309
Funds FY 2006 between Greater Roanoke Transit Company and Roanoke Chapter
National Railway Historical Society.
4. 09/11/08 Letter request from Roanoke Chapter NRHS for reimbursement of architect's
bill for $25,176.33. This was paid as adjusted and agreed by checks received 9/23 and
12/17/08. .
5. 12/17/08 Letter request from Roanoke Chapter NRHS for reimbursement of bills totaling
$12,789.00. This was paid by check received 02/06/09.
6. 06/24/09 Letter request from Roanoke Chapter NRHS for reimbursement of bills totaling
$12,789.00 (being $15,986.94 less $3,197.94 holdback). This was paid by check
received 02/06/09. . .
7. 06/25/09 Letter request from Roanoke Chapter NRHS for reimbursement of bills totaling
$8,811.83. This and the holdback from (6) were paid as adjusted and agreed by checks
received 09/1409 in the amount of $6,03 LOO and 10/13/09 in the amount of $4,705.00.
Contested Matters.
8. 03/10/10 Letter request from Roanoke Chapter NRHS for reimbursement of bills totaling
$25,993.48. No response was received.
9. 05/03,05 and 0612010 Telephone calls to Stephanie Giles; left call-back messages; no
calls returned.
10.05/12/10 telephone call to Carl Palmer. Discussed 03/10/10 letter andunretumed.
telephone calls. Received telephone call from Ms. Giles same day.
11. 05/13/1 0 email from Stephanie Giles requesting additional documentation ("Information
Required for Probable Categorical Exclusion" or otherNEPA environmental impact
statement and finding from Department of Historic Resources for this project).
12. OS/21/10 letter to Stephanie Giles. James Cosby enclosed the documents requested in
(11) above and requested a written summary of what would be reimbursed and what
comprised the $2,100 "de-obligated". Reimbursement of the uncontested portion of
$14,313 has not been received as of 09/2311 O. The detail of the $2,156 which has been
de-obligated has not been received.
~
13.06/24/10 Ms. Giles advised by email that $2,156.00 was de-obligated after September 30,
2009 [for fiscal year 2009 expenses for which our reimbursement request was not
timely]; that expenses of $897.66 were disallowed as non-reimbursable; and that the
remaining balance of$14,313,00 would be reimbursed upon obligation of the federal and
. .
state grants.
Copies of the above documents are available upon request.
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
STEPHANIE'M. MOON, CMC
City Clerk
October 8, 2010
Barbara B. Richardson
2727 Cumberland Street, N. W.
Roanoke Virginia 24012
Dear Ms. Richardson:
JONATHAN E. CRAFf
Deputy City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
At a regular meeting of the Council of the City of Roanoke which was held on
Thursday, October 7, 2010, you were appointed to fill the unexpired term of
Valerie Garner as a member of the Roanoke Neighborhood Advocates ending
June 30, 2011.
Enclosed you will find a Certificate of your appointment and an Oath or
Affirmation of Office which may be administered by ~he Clerk of the Circuit
Court of the City of Roanoke, located on the third floor of the Roanoke City
Courts Facility, 315 Church Avenue, S. W.
Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor
Municipal Building, 21 5 Church Avenue, S. W., prior to serving in the capacity to .
which you were appointed.
Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am
enclosing copy of the Virginia Freedom of Information Act. The Act requires
that you be provided with a copy within two weeks of your appointment and
each member is required "to read and become familiar with provisions of the
Act."
Barbara B. Richardson
October 8, 2010
Page 2
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for your willingne_ss to serve as a member of the Roanoke
Neighborhood Advocates. .
Sincerely,
~YYi, lY\Mv0
Stephanie M. Moon, CMC \
City Clerk
Enclosures
pc: Robert Clement, Jr., Neighborhood Coordinator, w/application
Jonathan E. Craft, Deputy City Clerk
COMMONWEALTH OF VIRGINIA
)
) To-wit:
)
CITY OF ROANOKE
I, Stephanie M. Moon, City Clerk, and as .such City Clerk of the City of
Roanoke and keeper of the records thereof, do hereby certify that at a regular
meeting of Council which was held on the seventh day of October 2010,
BARBARA B. RICHARDSON was appointed to fill the unexpired term of Valerie
Garner as a member of the Roanoke Neighborhood Advocates ending June 30,
2011.
Given under my hand and the Seal of the City of Roanoke this eighth day
of October 2010.
City c~~rkht · rc
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
STEPHANIE M. MOON, CMC E-mail: c1erk@roanokeva.gov
City Clerk
October 8, 2010
JONA THAN E. CRAFT
Deputy City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
Susan L. Reese
3735 Heritage Road, S. W.
Roanoke, Virginia 24015
Dear Ms. Reese:
At a regular meeting of the Council of the City of Roanoke which was held on
Thursday, October 7, 2010, you were reappointed as a member of the Human
Services Advisory Board, for a term of four years ending November 30, 2014.
Enclosed YOU will find a Certificate of your reaopointment and an Oath or
Affirmation of Office which must be administered by a Clerk of the Circuit
Court of the City of Roanoke; located on the third floor of the Roanoke City
Courts Facility. 315 Church Avenue. S. W.
Once the Oath has been administered, please return a signed copy to the City
Clerk's Office prior to serving in the capacity to which you were reappointed.
Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am
enclosing copy of the Virginia Freedom of Information Act. The Act requires that
you be provided with a copy within two weeks of your reappointment and each
member is required "to read and become familiar with provisions of the Act."
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for your willingness to continue your service as a member of the
Human Services Advisory Board.
SMM:ctw
Sincerely,
~Yi7.
Stephanie M. Moon,CM~
City Clerk IL ~
Enclosures
pc: Teresa I. McDaniel, Secretary, Human Services Advisory Board
Jonathan E. Craft, Deputy City Clerk
COMMONWEALTH OF VIRGINIA
)
) To-wit:
)
CITY OF ROANOKE
I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of
I Roanoke and keeper of the records thereof, do hereby certify that at a regular
meeting of Council which was held on the seventh day of October, 2010,
SUSAN l. REESE was reappointed as a member of the Human Services Advisory
Board, for a term ending November 30,2014.
Given under my hand and the Seal of the City of Roanoke this eighth day of
October, 2010.
~m,lYJoW
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
STEPHANIE M. MOON, CMC E-mail: c1erk@roanokeva.gov
City Clerk
J '
October 8, 2010
JONATHAN E. CRAFT
Deputy City Clerk
CECELlA T. WEBB
Assistant Deputy City Clerk
Timothy A. Witten
1806 Devon Road, S. W.
Roanoke, Virginia 24015
Dear Mr. Witten:
At a regular meeting of the Council of the City of Roanoke which was held on
Thursday, October 7, 2010, you were appointed to replace Cheryl Miller as a
Commissioner to the Roanoke Redevelopment and Housing Authority, for a term
of four years ending August 31, 2014.
Enclosed you will find a Certificate of your appointment and an Oath or
Affirmation of Office which may be administered by the Clerk of the Circuit
Court of the City of Roanoke, located on the third floor of the Roanoke City
Courts Facility, 315 Church Avenue, S. W.
Please return one copy of the Oath of Office to Room' 456, Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to
which you were appointed.
Pursuant to Sections 2.2-3114 and 2.2-3115, Code of Virginia (1950), as
amended, I am required to furnish members of the Roanoke Redevelopment and
Housing Authority with a Financial Disclosure Form. State Code provisions require
that all disclosures must be filed and maintained as a matter of public record for a
period of five years in the Office of the Clerk of the governing body. Please
complete and return the enclosed form to the undersigned prior to assuming the
duties of your office.
Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am
enclosing copy of the Virginia Freedom of Information Act. The Act requires that
you be provided with a copy within two weeks of your appointment and each
member is required "to read and become familiar with provisions of the Act."
Timothy A. Witten
October 8, 2010
Page 2
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for your willingness to serve as a Commissioner to the Roanoke
Redevelopment and Housing Authority.
Sincerely,
. ~ ht.pt~
Stephanie M. Moon, CMC
City Clerk
SMM:ctw
Enclosures
pc:
Glenda S. Edwards, Roanoke Redevelopment 'and Housing Authority
2624 Salem Turnpike, N. W., Roanoke, Virginia 24017 Wi ~~-yo/
Jonathan E. Craft, Deputy City Clerk .
COMMONWEALTH OF VIRGINIA
)
) To-wit:
)
CITY OF ROANOKE
I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of
Roanoke and keeper of the records thereof, do hereby' certify that_ at a regular
meeting of Council which was held on the seventh day of October, 2010,
Timothy A. Witten was appointed to replace Cheryl Miller as a Commissioner to
the Roanoke Redevelopment and Housing Authority,' for a term ending August 31 ,
-2014.
Given under my hand and the Seal of the City of Roanoke this eighth day of
October, 2010.
~
. . fY). !YlQW
City Clerk .~