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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 ( '-', 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 I' 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 I~ r' r 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 ~~ ROANOKE Finding: Roanoke's reserve level insufficient and below peer credits '" '" ~~ ~~ ~'?- ~'?- ~q,' ~'o' q,'li ~q, ~~ o~ flJ'o 0~ ~~ ~ ~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. ~ ~ . ~ ~ 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% ~ ~~ ~,?-IJ. , I f<'O' , ~o , .iF ~ ~ '?'~ ~,?-IJ. ~' ~o o'li ~ ~ '?-~ ~,?-IJ. ~' ~o ~o ~ ,?,'I> ~,?-IJ. ,S-~' ~o ~'o <?o ~ '?-~ ~,?-IJ. ~' ~o ",'" 0,1> ~ ~ ~'?- ~~' "'~' #' ~ ~'" .,,0 v ~~~ ~ '?'~ ~,?-IJ. ~' ~"o 0'" ~ '?'~ ~,?-IJ. ~ '?'~ ~IJ. "IQ q,'o ~ ~~ '" '?'~ ~,?-IJ. f<" ~o ~~ ~1> 5 23% 20% ,- 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 J' " Undesignated General Fund Balance 6 ~~ ROANOKE "- 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 - r--- 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 I~ I' I 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 ...r ' r 11 ~~ ROANOKE r-----.u . MultiYear Plan for Funding of Reserves I · Funding of $250,000 in FY11 budget or .1 % of General Fund bud.get · Multi year appro-ach, adding $250,000 to $500,000 per year will fully fund all reserves within ten years · "Additional allocations possible from year end surplus p:;-21"'~ 12 ~~ ROANOKE I -- .. .....------ . Debt Policy I i , 13 ~-- -' I Current Policy: Net debt will not exceed 50/0 assessed value real estate ~ .;p ~"'?-':!. ~'" ~~ &"'- ~o ~~ ~ -Moody's Median for all Aa2 Entities -Peer Group Median Sources: Moody's Municipal Financial Ratio Analysis Database as of FY 09, City of Roanoke data from FY 09 Comprehensive Annual Financial Report, Note: Taxable Assessed Value includes Real Estate. Personal Property and Public Service Corporation assessed value, Net Debt excludes self- supporting debt, such as payments forthe Western Virginia Water Authority and Parking forthe City of Roanoke, 5.0% 4.5% 4.0% 3.5% 3.0% 2.5% 2.0% 1.5% 1.0% 0.5% 0.0% ~ ",?-'b ~"'?-':!. ~, ~o '>(;;' "",-7> ...r-' Net Debt as a % of Taxable Assessed Value ~ ",?-'b- ~"'?-':!. &00' ':9v 0- ~(;;' ~ ",?-'b- ~"'?-':!. ~' 0" {:' t-'? 'Xc ~ ",?-'b- I-,':!. "'-~ ~~'? ' (; ~~ ~ ",?-'b- ~"'?-':!. ,s.00' ~ <...,,,0 'b-<" ~ ~ ",?-'b- ~"'?-\:!. ~' ~o 07> q,.: ~ ",?-'b- '\:!. ~"'?- ~, ~o ~~ v;-'b- ~ ",?-'b- ~"'?-\:!. ~' ~o "V ~ ",?-'b- ~"'?-\:!. 0' 0(;;' ~I$' ~(; ~ ",?-'b- ~"'?-\:!. ~' ~'b- 'b~ ~" 6' ~ ",?-'b- ~"'?-\:!. ~, x.O 0<" ~ 14 2.8% 2.1% ~~ ROANOKE Recommendation: net debt will not exceed 40/0 assessed value real estate, personal property and public service corporation property " . . Overall Net Debt to Total Assessed Value 6.0% 5.0% 3.0% 4.5% 4.0% 2.0% 1.0% 0.0% .J" ' 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 ~~ ROANOKE i-'P 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% .J'" 2011 - 2012- 2014- 201S- 2013 - -r J.- " -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 '" ,:?,'l> ~ ,?:'! ~' ~o ~ x-'l>~ '" ,:?,'l> ~"?-"! ~",' ~fb o~ fb~ ~ - Moody's Median for all Aa2 Entities -Peer Group Median ! Sources: Moody's Municipal Financial Ratio Analysis Database asof FY 09. City of Roanoke data from FY 09 Comprehensive Annual 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. r-' ~ ,:?,'l> ~,,?-1:5. ~' ~o >><:' c:>,'lj $' ~ .J."?- ,:}Oc,' ~'() ~c; ",4:, ~ ,:?,'l> .J. "?- "! 0' 0<:' ~ .a' ~ ~ ,:?,'l> .J."?-1:5. ~' ~,o 000 ~ ,,?-'l> .J."?-"! ':I.-fb' ",0 o'li ~ '" ,:?,'l> .J."?-"! :,}-fb' q,'Ii 'I>~ 0"' 0'<:' ~ ,:?,'l> .J."?-"! ,:}Oc,' ~ ,",0 x-'l>~ ~ ,,?-'l> f..."! "fb 0"' ~a' ' ~~. ~ ,,?-'l> ~"?-"! ~' 000 "'~ o~ <? ~ ,:?,'I> ~"?-"! ~' ~o ~o 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"~ 10. O"~ 4'-7"'1 -r' I ! I I . O.O"~ I r~~ 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 "- VA 'a)!oueo~ O~~# llL^J~3d G1Vd a6elsod 's'n OlS l~S~d 09€v-OtS-OvS :xeJ SVS9'€SS'OVS ltOvl e!u!~J!^ 'a)!oueo~ peo~ puenJnO) lOSt UO!S!^!O luawa~euew alseM P!10S S>I~OM )IlSnd ~O lN3Wl~'v'd3a 3>10NVO~ U~L ." ~~ L .. 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 ~~~~~",:;,:,,;,,:,;,'~~:..r~i:.ti::;'~'.i-., ~ti.<.._ ""I'" ~.;:.t':'::"~~J1,;"""'T"f"~":':'::'::;'",;. 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 $50 adminstrative enforcement fee. For questions about Leaf Collection, call 853-2000 and select option 6. . Thanksgiving Week - Trash & Recycling collected one day early - No Collection Nov. 25 & 26 . Christmas & New year's Weeks - Trash & Recycling collection on regular schedule For questions about Trash & Recycling, call 853-2000 and select option 1. All information above is only for properties located within the City of Roanoke. ::. >'" ..5) o 'Z' <$l c u: u 3: ;, :j '" , ~l < " ~j , 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~~~~;=~::~==~~ . \:~W~ . . r'jl}'< I' , F":"',,-_._v,_._ /. . I"~ -.- I \,/ ./ " .. I/.~ '", +.'...~. .. , . .~. ---~-1;- .1. I'''' "-. " ".I . ,~. \.,,~~' / \ . u/IL t",->, J '\; ~....'t;; i , h' \ ~ .. -,~"Jlo '..' '. -'i' . ".., -.------.. " - --"-''''', ".' ..WI I ,....- I .", '^- ~s., g ,-~.I" \ _', :., ~ ~ 1_'1:._: ,-"_':. _ __ .. ... ... ____ ,_~__ __ ..1] 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;/ ,.;:".' ,/;' ,.' 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 f cas I.,ocal Events 1 cas L.oeal Pages i Searc:hNY (Beta) SCBSNCWYork ' ,:. ., ,_.... ' ',"....~..' >..' " " "~'''''' eo'.. ,,.., ,'.-, ," " ' ..com ~ ---- C-,. , ~~'=-: )~~ .1C1e' I 'WINS! " j Home News ,Sports Best of NY Watch + LIsten 1..0c;:a'Offers ....:.......-_-- ----- -"---- - WEATHER ALERT: A tornad9 watch is in effect for most of the Tri-State c NEWS Bronx Bus Stop Crash Caught On Tape Print Stm..o 31 Recommend 89 FILED UNDER "cant On Local News Seen On Watch + Usten August 'to; 2010 1'\:40 PM RELATED TAGl accident Bronx Car slams into bul shalter Klngabridgo 30b Unk Now Real estate .:Just Pay Half Spa Card Health Connections Perfect: Home 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. ~t:"O c..C"_..,.,........... ~t__~_.. __... ...,_....._ ......___ __ c__.._ . I '__:;.....~.,.;, .': ..i':,; " .. . . ~"-:::i>.'.:;:.\ - '.._-~:~~~~.~ ~ .,~.\ . ' Thomas Nitta Bobby Poblete Warren Gungabaylo .,.,--, .... t~ __ _ ;'-" 'T? ..,~ -~,- ~, :-' ~A:~:~'/ it '.iJ. ~ r;;;:l,. .. .~., -- ~~:.- - ~ 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 on Qutomaung Hotets' lfH/Olce So th:!::lve to. more at ;;~~l'Q~~~ ."f ~UU~ ~~l~CCuu(Q)~ [F~CCu(Q)~~ @ 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 [Pgg~l~ ~~l~(u~[Q) ~ug[p~ ~, ~1 , . . " ~. '. .~ t \ ~ '. :.~ i WlEll ~lEllE(ulE[D) ~u\Q)~~ f, ' ~~~ ; l' ~ "; , CGJ(UJ~[Q)~~CGJ ~~~~CC~~l~~ IF(Q)~ ~~u~ ~~l~CCu~(Q)~ @ Safety and Security @ Reliability @ Continuity ~~ 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 // ~~ ~~ MC::::_~~lfl~ ~ {0 ~ ~~~W / ~~~ ,i:S~~ ~ 'P' '''& -( ~I 7 :t::. '. ~~~ ""':/. :\. / ..r< = K=-;::V), >-.. ~ '" ~,~ ~, cl,....., ~ r: / \x I Jf <-> IV~ ~ '11< ~ Specific geographic boundaries will be N,'--J ~...~)I, ~ LJ -{ '~~O 0, ~ .. ~,y~ deterr:nined after a more detailed '"" ..,.... i.NU~I~' I-~'.~'-='~ planning process.l~ I~DD ~ .!a."" ~ If ~~-;:: N~elrOSe-RUgbYl3f;;j.' ~ .'.. .,,-~~~~ .~~, f/~-;S vv y ~ ZJa>Jtlb~~lJBfPf!4fIJ~~ - '~I' wJ-- 1-;:: ~~~' ~ 4, rj$&&gtJ&DDE:j ~\jidi_G washingtonpa~~ "\.l. H~'~ ~1~ ~:;.,., '- ~.~!IIi;:.iiE:jE:jgSgfJ8g!Jiiiii \1 ., F. -l= I W ~ '725l fijJj. l'-JODIIIiIiIIiij -.. ~ .....- V 1ft. ~ ~ -.I 1 ] IC-'-T ~ lllll . ~~ '- '"""' '.- b ~ \V' - ~-~ ~ll ~n ~ ,~M ~ "":j:-j "- -- ru~y ~..)"l( ..:Jr ..Y ~ ~~~ .::-,{ ~~, ,rl ~~ ~ v, ~71~ '~[f") ~~~~ ~~~ ~ (if,W~'l .":~ i:'1 ~' ~ ~9;1~ ~~~.: ,,~ ~' .~ l~'~~~~' ~~ fflj;~~cjfjffjsJf][J[;;JD ~"W--,~_ ~~ --F~ A ~ /~ Mountain.~~<>~O:g3, _ !)lf~ ~rlP~ ?1~~~L . ~~T;:::::;l=~L~b"trr;U;1~Mornin~'0~ ~N:ti~)l~jJ~~B8g:l~1j1-~~~t1~ ~~ I ~~- Id~outhwestOO .Nf,....":".d. ~~\ ~\\ \ ~~ ~~~! ~~~~~iJ 7~if~~~~~lo r'-~ 7f!1?:" '~~ o~~ ~"l ~- ~lilJ~~~ i' i'<.~~ II - ~? ~ ~0l 1 ;~ ~ 1':>--~4/' ':,- .,Y ~'fIf-~ ~[iOf A ~~IV ~. -' ~ ~ ~.~/( "~~~Q2! JVr \.~ (~ ~. '. ~~~ y\~ry~ 'v( ~~~ t;., ~ TH~L '\- r? ~t /~ ~ -:if _ ~;;~ ~ i ~~ _;;~Cl{ ~ ...?~~ ~~; )l. ,,~~~ I ROANOKE ~ ~<Y \{\.../ /'\- , Jit'v ~~ .1fIl/~v N A ~ :5 ~ \\0 ~\ C\ 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 ~ ~ = ~ r--- - _/ .cil!!!!!!!!!!! ~ r--- ./ - - ...- - ....- '--- I I I I I I I _/ - - _/ _/ . _/ _v 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 \.. ;l t' . /- (J 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). J " .:T /{ -"'. " '" 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 o o . ^ .t~\,. . Y .~ ( (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 ~~~........~.?~ ,.- ~ o~. . ~ ~ '. ~ , -~- . .. . ~ ~.. 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 ."'~' .' ""'" . :~~..1,1 ..~ . Ms. Stephanie Giles Director of Finance Greater Roanoke Transit Company PO Box 13247 Roanoke, VA 24032-3247 f_"~ --~ ./ .' ., , .-!'-" ~"J'; ;,;,;..:. ,~. ./ Re: Unreimbursed bills for Virginian Railway Station restoration project VA-EARMARK 1035 V A Railway Station ~'.~ , I - . Y t.... - c:: 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 \ ..t.. 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 .~