HomeMy WebLinkAboutCouncil Actions 11-01-10
38989-110110
LEA
ROANOKE CITY COUNCIL
INFORMAL SESSION
NOVEMBER 1, 2010
9:00 A.M.
EOC CONFERENCE ROOM
ROOM 159
AGENDA
Call to Order -- Roll Call. Council Member Price 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.
, Adopted 6-0
ITEMS FOR DISCUSSION AT THE JOINT MEETING OF COUNCIL AND THE ROANOKE
REGIONAL AIRPORT COMMISSION TO BE HELD ON DECEMBER 6,2010, at 9:00 AM.,
IN THE EOC CONFERENCE ROOM, ROOM 159, NOEL C. TAYLOR MUNICIPAL
BUILDING. Agenda items to be forwarded to the City Clerk.
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.
(5 MINUTES) Scheduling of joint meeting of Council and School Board to discuss
budgetary items will be h~ld on Monday, January 3,2011.
1
,
THE COUNCIL MEETING WAS DECLARED IN RECESS AT 9:09 A.M., TO
RECONVENE IN A JOINT MEETING WITH THE ROANOKE CITY SCHOOL BOARD
AND AREA LEGISLATORS TO DISCUSS THE LEGISLATIVE PROGRAM.
FOLLOWING THE JOINT MEETING, THE COUNCIL CONTINUED WITH THE
INFORMAL SESSION FOR THE FOLLOWING BRIEFINGS:
BRIEFINGS:
. Budgeting for Outcomes
. Financial Policies Update
. Capital Projects
90 minutes
30 minutes
60 minutes
AT 1 :42 P.M., THE COUNCIL MEETING WAS DECLARED IN RECESS UNTIL 2:00 P.M.,
IN THE COUNCIL CHAMBER, ROOM 450, NOEL C. TAYLOR MUNICIPAL BUILDING,
215 CHURCH AVENUE, S. W.
2
ROANOKE CITY COUNCIL
REGULAR SESSION
NOVEMBER 1, 2010
2:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
1. Call to Order--RolI Call. All Present
The Invocation was delivered by The Reverend Jeff D. Wilson, Pastor,
Huntington Court United Methodist Church.
The Posting of the Colors and Pledge of Allegiance to the Flag of the United
States of America was led by students of the Junior ROTC from Patrick Henry High
.and William Fleming High Schools.
Welcome. Mayor Bowers.
NOTICE:
Today's Council meeting will be televised live and replayed on RVTV Channel 3 on
Thursday, November 4 at 7:00 p.m., and Saturday, November 6 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 BYTHE 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
CONTACT 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:
FAIR HOUSING BOARD - ONE VACANCY
LOCAL BOARD OF BUILDING CODE APPEALS - ONE VACANCY
CITY PLANNING COMMISSION - THREE VACANCIES
BOARD OF ZONING APPEALS - TWO VACANCIES
4
2. PRESENTATIONS AND ACKNOWLEDGEMENTS:
A resolution honoring the Roanoke Valley Veterans Council and its donation of flags
to the City.
Adopted Resolution No. 38989-110110. (7-0)
Presented ceremonial copy of Resolution No. 38989-110110 to Dan Karnes,
Lieutenant Colonel, United Stats Army (Retired), President, Roanoke Valley
Veterans Association.
A proclamation declaring Thursday, November 11, 2010 as Veterans Day 2010.
Presented ceremonial copy of proclamation to Dan Karnes, Lieutenant
Colonel, United States Army (Retired), President, Roanoke Valley Veterans
Association. .
Recognition of ArtView participants.
Presented Honorary Certificates to participants.
Presentation of a Certificate of Appreciation to the City of Roanoke in recognition of
City Appreciation Day which was held on October 21 , 2010.
Council Member William D. Bestpitch presented to the City Manager a
Certificate of Appreciation plaque in recognition of City employees in honor of
City Appreciation Day on October 21, 2010 from the neighbors of Historic Old
Southwest.
3. HEARING OF CITIZENS UPON PUBLIC MATTERS:
CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE
HEARD. MATTERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE
REFERRED IMMEDIATELY FOR RESPONSE, RECOMMENDATION OR REPORT
TO COUNCIL.
Josephine Hutcheson appeared before the Council and expressed
concern regarding bus service in the City.
4.
CONSENT AGENDA
(APPROVED 7-0)
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.
5
C-1 A communication from Tim Steller, Executive Director, Blue Ridge Behavioral
Healthcare, requesting that Council ratify the reappointment of Dana Barnes Lee as
an at-large member of the Board of Directors, for a term ending December 31 ,
2013. .
RECOMMENDED ACTION: Concurred in the request.
C-2 A communication from the City Manager requesting that Council schedule a
public hearing for Monday, November 15, 2010, at 7:00 p.m.!, or as soon thereafter
as the matter may be heard, to grant a conveyance of an easement on City-owned
property to Verizon, for bench cuts along Aerial Way Drive, IS. W., in connection
with the Roanoke River Flood Reduction Project.
RECOMMENDED ACTION: Concurred in the request.
C-3 Reports of qualification of the following individuals:
Boreham B. Johnson as a Director of the Economic Development
Authority for a term commencing October 21, 2010, and ending
October 20, 2014;
Timothy A Witten as a Commissioner to the Roanoke
Redevelopment and Housing Authority for a four year term of office
ending Augusf31, 2014;
Cynthia D. Lawrence as a City representative of the Roanoke
Regional Airport Commission to fill the unexpired term of James M.
Turner, Jr., ending March 9, 2011; and
Samuel Roman as a member of the Towing Advisory Board to fill the.
unexpired term of James Fazio ending October 31 , 2012.
RECOMMENDED ACTION: Received and filed.
REGULAR AGENDA
5. PUBLIC HEARINGS: NONE.
6. PETITIONS AND COMMUNICATIONS:
a. Request of EventZone to present the 2010 Festivals Recap Report. Larry
Landolt, Executive Director, Spokesperson. (Sponsored by Council
Members William D. Bestpitch and Court G. Rosen)
Remarks received and filed.
6
During the presentation of the 2010 Festivals Recap Report, Vice-Mayor
Trinkle left the meeting (3:00 p.m.)
7. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY
MANAGER:
a. CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
1. Acceptance of an Office on Violence Against Women Safe Havens
Supervised Visitation and Safe Exchange Continuation Grant from the
Department of Justice and appropriation of funds; and authorization to
continue the sub-grant agreement with Total Action Against Poverty in
connection therewith.
Adopted Resolution No. 38990-110110 and Budget Ordinance No.
38991-110110. (5-0, Council Member Ferris abstained from
voting)
2. Acceptance and appropriation of funds for the Western Virginia
Workforce Development Board Workforce Investment Act Programs-
Regional Cooperation Grant.
Adopted Resolution No. 38992-110110 and Budget Ordinance No.
38993-110110. (6-0)
3. Acceptance and appropriation of funds for the Western Virginia
Workforce Development Board Workforce Investment Act Programs-
Exemplary Performance Grant.
Adopted Resolution No. 38994-110110 and Budget Ordinance No.
38995-1'10110. (6-0)
4. Execution of Amendment NO.2 to the FY 2009 CDBG and HOME-
funded Agreement with Total Action Against Poverty in order to allow
time for additional housing development in the Hurt Park area.
Adopted Resolution No. 38996-110110. (5-0, Mr. Rosen abstained)
7
v
5. Appropriation of funds in connection with certain technology projects.
Adopted Budget Ordinance No. 38997-110110. (6-0)
COMMENTS BY CITY MANAGER.
. b. CITY ATTORNEY:
1 . A resolution requesting that the Governor and General Assembly'
enact stricter laws to prevent exploitative payday lending practices in
the Commonwealth of Virginia.
Adopted Resolution No. 38998-110110. (6-0)
2. A resolution adopting a legislative request for the 2011 session of the
Virginia General Assembly to declare "spice" and synthetic
cannabinoids illegal in the Commonwealth of Virginia.
Adopted Resolution No. 38999-110110. (6-0)
c. DIRECTOR OF FINANCE:
1. Authorization to revise certain financial policies.
Adopted Resolution No. 39000-110110 and Ordinance No. 39001-
110110. (6-0)
8. REPORTS OF COMMITTEES: NONE.
9. UNFINISHED BUSINESS: NONE.
10. INTRODUCTION AND CONSIDERATION OF ORDINANCES
AND RESOLUTIONS:
a. A resolution supporting and endorsing the Route 419 Corridor Plan; and
encouraging the City Manager to work with the Metropolitan Policy
Organization (MPO), Virginia Department of Transportation (VDOT), and
other localities to implement the recommendations outlined in the plan.
Adopted Resolution No. 39002-110110. (6-0)
8
11. MOTIONS AND MISCELLANEOUS BUSINESS:
a. Inquiries and/or comments by the Mayor and Members of City Council.
Mayor Bowers reminded everyone about the reception in honor of Chris
Perkins, the City's newest Police Chief, at 5:00 p.m., at the Roanoke
Civic Center.
Council Member Lea announced the State of the County Address on
November 5, 2010 at 7:30 a.m., at the Green Ridge Park Recreation
Center.
b. Vacancies on certain authorities, boards, commissions and committees
appointed by Council.
At 3:47 p.m., the Council meeting was declared in recess for a Closed Meeting
in the Council's Conference Room.
At 4:03 p.m., the Council meeting reconvened in the Council Chamber, Mayor
Bowers presiding, and all Members of the Council in attendance, with the
exception of Vice-Mayor Trinkle.
CERTIFICATION OF CLOSED MEETING. (6-0)
Reappointed Pamela Kestner-Chappelear as a member of the Human Services
Advisory Board for a four-year term of office ending November 30, 2014.
Reappointed Angela S. Penn as a member of the City Planning Commission
for a four year term of office ending December 31, 2014.
Reappointed Robert K. Bengtson as a City representative of the Roanoke
Valley Resource Authority for a four year term of office ending December 31,
2014.
Reappointed Drew H. Kepley as a member of the Board of Zoning Appeals for
a three year term of office ending December 31, 2013.
Appointed William L. Holland as a member of the Local Board of Building
Code Appeals for a term ending September 30, 2015.
12. ADJOURN - 4:05 P.M.
9
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
November 1,2010
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 cr:J ~
David A Bowers
Mayor
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Briefing #2
DRAFT dated 10/27/10
City of Roanoke, Virginia
Reserve and Debt Management Policies
~~
ROANOKE
November 1, 2010
DRAFT
Table of Contents
Goals ,and Objectives............................................................... 2
Reserve Policies..................................................................... 3
Debt Management Policies........................................................ 7
Glossary.............................................................................. ..13
~.. The City of Roanoke Reserve and Debt Management Policies - DRAFT
ROANOKE
1
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
2
DRAFT
Reserve Policies
Undesignated General Fund Reserve
. Reserve Floor-Roanoke will target an unreserved, "Undesignated General
Fund Reserve" equal to 1 0% 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.
. 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.
Risk Management Reserve
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.
. Reserve Floor-The minimum funding level for the Risk Management Reserve
is:
o 25% of the three year average of self-insured claims costs,
o plus 10% of the three year average of fully insured premiums,
o plus a $1 million catastrophic reserve.
. 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
3
\
DRAFT
Economic Downturn Reserve
. 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 in an amount up to 5% of the General Fund
Expenditure budget for the current year. The Economic Downturn Reserve will
be held as a designated portion of the City's General Fund Balance.
o Reserve Drawdown- Drawdown of the Economic Downturn Reserve
shall occur only by authorization of City Council. 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 Economic Downturn Reserve may only be used in the
event that revenues decline by more than 1.5% of the current year
estimate.
. 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
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 Rese,rve 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 Gr:owth 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
~~ The City of Roanoke Reserve and Debt Management Policies - DRAFT
ROANOKE
4
DRAFT
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.
Reserve Fundina Plan
With the exception of the Economic and Community Development Reserve, the reserve
policies as outlined herein are higher reserve levels than the City currently maintains, In
order to meet the various reserve levels, the City will add to its reserves using the
funding sources described below and will fill each reserve according to the funding
priorities, also described below. This funding method will continue until each reserve is
fully funded.
Funding Sources
. The City will add at least $250,000 to $500,000 (based on funding availability) to
the existing reserves, according to the funding priority described below. The City
Manager and Director of Finance shall recommend a reserve funding level of at
least $250,000 to $500,000 along with each annual budget submission.
Additional funds may be directed toward the reserves based on year end
surpluses.
. Once General Fund estimated revenues for an upcoming budget year return to a
level equal to the City's FY2009 revenues, as, adjusted for changes to the
Consumer Price Index 1 ("CPI") and any permanent tax rate increases relative to
the FY2009 tax rate, the City will add an amount equal to 0.1 % of the revenue
growth to the reserves. For example, if revenue growth (as adjusted for changes
in CPI and permanent tax increases) is 2%, then the City will add 0.2% of
revenues to its reserves. Funding of the reserves in any given year will be
limited to the greater of $500,000 or .1 % of local revenue growth (in the event
revenues return to their peak level as adjusted before the Undesignated Reserve
and the Risk Management Reserve are fully funded) and may be adjusted based
on actual revenue growth during the fiscal year. By following this funding
methodology, the City will increase its reserves during years of strong financial
growth, with the ability to draw on the reserves during challenging years, in
accordance with the parameters set forth in this policy.
1 For purposes of this calculation, the City will use the yearly average of the Consumer Price Index-
Urban for the South region.
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Funding Priorities
1. First, the City will fund the Undesignated General Fund Reserve. The City plans
to meet the 10% minimum Undesignated General Fund Reserve balance by
FY2016.
2. Second, after the Undesignated General Fund Reserve is fully funded, the City
will fund the Risk Management Reserve. The City plans to meet the minimum
Risk Management Reserve balance by FY2016.
3. Third, after the Undesignated General Fund Reserve and Risk Management
Reserves are fully funded, the City will fund the Economic Downturn Reserve.
~~ The City of Roanoke Reserve and Debt Management Policies - DRAFT
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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
~~ The City of Roanoke Reserve and Debt Management Policies - DRAFT
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will not exceed the useful life of the capital project /facility or equipment for which
the borrowing is intended.
. 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 there 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 ~ntitjes 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 finance 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
~~ The City of Roanoke Reserve and Debt Management Policies - DRAFT
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City's financial advisor in arriving at a recommendation to issue bonds through a
method other than competitive sale.
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 and 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 comp.letion 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
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. Designation Policies-To encourage the pre-marketing 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.
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 of Roanoke Reserve and Debt Management Policies - DRAFT
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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
revenue 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. 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 BANs 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.
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. 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.
. Term 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.
· 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 Fi,nancial 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 principal and interest payments, which includes general
obligation bonds of the City, including school debt.
~.('i The City of Roanoke Reserve and Debt Management Policies - DRAFT
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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.
1I'lF~ The City of Roanoke Reserve and Debt Management Policies - DRAFT
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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.
Expenses. Compensates senior managers for out-of-pocket expenses includihg:
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.
~~ The City of Roanoke Reserve and Debt Management Policies - DRAFT
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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,
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.
~~ The City of Roanoke Reserve and Debt Management Policies - DRAFT
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, ,
..
(..8;;
Capital Improvement
Program (CIP)
Overview
November 1,2010
Briefing Focus
-Begin planning for next five year cycle
- FY 2012 - 2016
· Overview of completed projects
· Overview of projects in current CIP
· Planned future bond issuance
· Debt ratios
· Identified funding issues
· Questions/requests for information
Not Requesting Council To Make Decisions
2
1
Completed Projects
High School Facility Improvements - $119.2 million
William Fleming High School and Stadium
Patrick Henry High School and Stadium
3
Completed Projects
Fire - EMS Facilities Improvements $13.4 million
Franklin Road and Elm Avenue
Williamson Road
Melrose Avenue
4
2
Completed Projects
Civic Center - $19.9 million
New Office Building
Special Events Center
Other Improvements
5
Completed Projects
Police Facilities - $19.5 million
Police Administration Building
Police Academy
6
3
Completed Projects
Library Facilities - $4.3 million
Gainsboro Branch Renovation
Jackson Park Branch Renovation
Kiosk facilities at Valley View Mall and Garden City
7
Priority Areas
· Good Government
· Human Services
· Infrastructure
· Safety
· Education
· Economy/Job Development
· Livability/Quality of Life
8
4
Library Master Plan
· Planned Proiect Activities
. Construction of a full-service branch on Peters Creek Road
. Planned Expenditures - $11.242 million
. FY 2012 Bond Issuance - $.8 million for architectural and
engineering
. FY2013 Bond Issuance - $10.442 million for construction
. Operating budget impact - $672,000
. Renovation of an existing branch or development of a
storefront branch
. Planned Expenditures - $2.75 million
. FY 2014 Bond Issuance - $2.75 million
. Operating budget impact - $50,000 to $122,000
9
Riverside Centre for Research and
Technology Phase I
· Planned Proiect Activities
. land Assembly
. Demolition of the Virginia Scrap Iron Metal site
. Planned Expenditures - $4.4 million
. Prior Year Spending - $24.9 million
10
5
Roanoke River Flood Reduction
· Planned Proiect Activities
. Bench cut construction from Hannah Court to Bridge Street
. Pedestrian Bridge linking Wasena Park to Hannah Court
. Bench cut construction near Aerial Way and Peters Creek
Road
. Planned Expenditures - $280,499
. All required funding appropriated
. Prior Year Spending - $23.2 million
11
Parks and Recreation Master Plan
· Planned Proiect Activities
. Master Plan totals $74.9 million and includes:
. Community recreation center
. Signature park -Rivers Edge/Reserve Avenue
. Signature park - Mill Mountain
. Neighborhood park improvements
. New park in northwest community
. Recreational development at Carvins Cove
. Implement Washington Park Master Plan
. Planned Expenditures - $6.4 million
. FY 2012 Bond Issuance - $4.2 million
. FY 2013 Bond Issuance $2 million
12
6
Elmwood Park Amphitheater
· Planned Proiect Activities
. Construction of a 5,000 seat outdoor amphitheater
. Planned Expenditures - $14.2 million
. FY 2012 Bond Issuance - $1.2 million for architectural
and eQgineering
. FY 2014 Bond Issuance - $13 million for construction
. Potential Operating Subsidy- Dependent upon operating
model
13
Greenways and Trails
· Planned Proiect Activities
. Continued development of greenway and trail projects
. Roanoke River Greenway
. Roanoke River-Tinker Creek Connection
. Wasena Park Pedestrian Bridge
. Murray Run Greenway
. Planned Expenditures - $4.4 million
. Projects funded via cash and grants
. FY 2012 - Last installment of $200,000 which provided $2
million over 10 years
14
7
School Energy
· Planned Proiect Activities
. HVAC, lighting, and plumbing improvements at Monterey,
Morningside, Preston Park, and Westside elementary
schools.
. Planned Expenditures - $1,110,000
. Funded with Qualified School Construction Bond
15
Neighborhood Storm Drain Program
· Planned Proiect Activities
. Planned Expenditures - $172,558
. Funding available will only support minor maintenance
projects
. Identified funding need - $58.9 million
16
8
Bridge Maintenance, Repair, and Renovation
· Planned Proiect Activities
. Small Maintenance Projects
. Repair and Renovation Projects
. Berkley Road over Glade Creek, Bandy Road over
Garnand Branch, Crestmore Road over Barnhardt
Branch, Ninth Street, Old Mountain Road at Tinker Creek,
Melrose Avenue over Peters Creek, Peters Creek Road
over Peters Creek
. Planned Expenditures - $5.4 million
. Annual General Fund Allocation - $500,000
. FY 2013 Bond Issuance - $1,250,000
. Additional identified need of $6.4 million
17
Curb, Gutter, and Sidewalks
· Planned Proiect Activities
. Projects in Hurt Park neighborhood using ARRA funds and
City-wide projects based on need
. Planned Expenditures - $3.3 million
. FY 2012 Bond Issuance - $1,000,000
. FY 2013 Bond Issuance - $1,250,000
. Current project requests total $12.2 million
18
9
Streetscape Projects
· Planned Proiect Activities
. Improvements to 6th Street between Marshall Avenue and
Campbell Avenue
. Downtown Project - To Be Identified
. Planned Expenditures - $797,834
. Identified need of $750,000 to $1,000,000 annually to
address neighborhood plans
19
VDOT Highway Projects
· Planned Proiect Activities
. 10th Street Improvements Phase I and II
. Corridor Improvements on Hershberger Road
. 13th Street and Hollins Road
. Intersection Improvements {Various locations}
. Orange Avenue to Urban 6 Lanes
. Planned Expenditures - $3.1 million
. City share of VDOT projects and State funding
appropriated to City
. Annual General Fund Allocation - $251,800
20
10
Market Building Renovations
· Planned Proiect Activities
· Renovation of interior, replacement of aging utility
infrastructure, and improved streetscape surrounding the
building
. Planned Expenditures - $7.4 million
. Includes additional contingency of $1.4 million that may
not be required
21
800 MHz Digital Radio Conversion
· Planned Proiect Activities
. Conversion of analog radio infrastructure to digital
. Planned Expenditures - $6.3 million
. FY 2012 Bond Issuance - $4,108,000
22
11
Financial Application Integration
· Planned Proiect Activities
. Install new release of Advantage Accounting System
. Tax and Treasury System
. Business Taxes
. Personal Property Taxes
. Planned Expenditures - $1.7 million
. Additional funding not currently required
23
Other - Capital Contributions
· Center In the Sauare
. Contribution of $1.5 million over five years
. $600,000 appropriated (2 of 5 installments)
· Science Museum
· Contribution of $500,000 over five years
· $200,000 appropriated (2 of 5 installments)
· Harrison Museum
. Contribution of $500,000 over five years
. $200,000 appropriated (2 of 5 installments)
· YMCA Expansion
. Contribution of $500,000 over five years beginning in
FY2013
24
12
Questions
Project Questions?
25
Summary - Planned Bond Issuance
· FY 2012
. Library Master Plan - $800,000
. Parks and Recreation Master Plan - $4,200,000
. Amphitheater Design - $1,200,000
. Curb, Gutter, Sidewalks - $1,000,000
. Digital Radio - $4,108,000
· FY 2013
. Library Master Plan - $10,442,000
. Parks and Recreation Master Plan - $2,000,000
. Curb, Gutter, Sidewalks - $1,250,000
. Bridge Renovation - $1,250,000
· FY 2014
. Library Master Plan - $2,750,000
. Amphitheater Construction - $13,000,000
26
13
Debt Service Funding
· Accumulated debt service funding is sufficient for
currently planned debt issuance
Excess Debt
Fiscal Debt Service Projected Debt Service
Year Funding Service Funding
2012 $23,356,000 $22,151,000 $1,205,000
2013 23,356,000 22,816,000 540,000
2014 23,356,000 23,356,000 -
2015 23,356,000 20,529,317 2,826,683
27
Ratio of Debt Service to General and School
Fund Expenditures (100/0)
(Reflects Issuance of Planned Future Debt)
Net Debt Service as a % of Expenditures
f--- --- - - - I--
,
..- - - - - I--- I-- r-
- - 1- --- --- - -- - -- -- -
,.,.".,...,., ..... ".,...,. -- '.. ,.,...... I
-- - - - -- -,--- --- ---- --
Policy
0.0%
'Projected. 2005 2006 2007 2008 2009 2010' 2011' 2012' 2013' .014'
Source.: City of Roanoh and tl1e (ompfehensf~eAnnu.IFin.ncl.l Repofts,FYOS-OS
Note: Debt Service e.cludesseif~u~por~-n@ deb1. such.os paymeM. lor the W"SI..rn Vireinia WarN AliltlorJty."d P....kinll for the ClI)' of Ro.no~e
(1IAssumul%e<pendlllJre,rowthinFV2011&201Z,3%growthinFY2013and."'thereafter.
12IA..ume, bond r""uance"f$12M In FY 12. 514.945Mln Fv 13 &S15.75M in FY 14.
28
14
Ratio of Net Bonded'Debt to
Assessed Value of Taxable Property
(Reflects Issuance of Planned Future Debt)
Overall Net Debt to Total Assessed Value
6.0% -,~-""----
50".'--..
Current policy
Proposed JXIlicy
3.0"+--
a.o"-!-
200S 2006 2007 2008 2009 2010. 20U' 2012' 2013' 2014. 201S'
DOebtto Real Estate "'V (Current PoIicyl . Dl!btto R~i11 E.lale, P~r'onal and PublicServkeCorporationAV (R!corrmended Policyl
.PlIJjeded.
Sources: C~y of Roanoke and the Comprehensive Annual Financial Reports, FY 05-09
Note: Net Debt excludes self-supporting dabt, such as paym8flts for the Westarn Virginia Walor Authority and Parking for the Oty of Roanoke
(1) Assumes real estate AV gJO'Mh of 1.8%in FY201O, 1.3% growlh in FY 2011, 0% growth in FY2012 & FY2013, and 1% thereafter
AS8umesporsonaland publics9IVice corporation I9main flat
(2}AllI'.umes bond iuuatlCaof '12M "In FY 12, $14.945M in FY 13 & $15.75M in FY 14
29
Reduction of Aggregate Debt Within Ten Years
(Reflects Issuance of Planned Future Debt)
Net Debt Retirement in 10 years
SO,'"'
Proposed policy
!Xl,,",
OJ,,",
50,,",
Current policy
<10,,",
30,,",
20.0%
1D.,",
0.0%
1005
1006
mol
2001
1009
2010.
2011.
2012.
2013'
2014.
2015.
SQUrc.6I>, Qt'l 0\ RO'aTlokeCOffiprliihans'we Annual Financial Reports. FY 05.Q9
Note: Net Dabt axclldas selt-llLpporting debt. suchas payments for the Wastam Vilginia WatBf Authority and Parlliog lor the Oty 01 Roal1Oka
(1) Asstrnlls bond issuaf'Ce 01 $12M in FY 12. $14.945M in FY 13, $15,75M in FY 14
30
15
Goal - Reduce Reliance on Debt
· Develop plan to budget more recurring cash funding
for capital projects
· Capital Maintenance
· Curb, Gutter, Sidewalks
· ,Streetscape Projects
31
Funding Needs Not In CIP
· Library Master Plan
· Research Branch - $18.1 million
· Parks and Recreation Master Plan
. Total Plan - $74.9 million
. Planned Bond Issuance - $6.4 million for Park Facilities
. Planned Bond Issuance - $14.2 million for Elmwood Park
Amphitheater
· Neiahborhood Storm Drain Proaram
· Identified Need - $58.9 million
· Bridae Maintenance. Repair. and Renovation
· Identified Need - $6.4 million (FY 2012 -2014)
32
16
Funding Needs Not In CIP
· Curb. Gutter. and Sidewalks
· Identified Need - $ 8.9 million to address project requests
· Streetscape Proiects
. Identified Need - $.750 million to $1 million annually
· Courthouse Expansion
. Identified Need - $55 million
· Market GaraQe
. Build out of retail space - $500,000 '
33
Funding Request - Schools'
· Request of $5 million per year for capital
maintenance through FY 2015
Identified HVAC and Automated Control Proiects
. Includes the replacement of costly and inefficient HVAC
systems
- Highland Park - $1,496,000
- Oakland - $860,080
- Crystal Spring - $1,485,900
- Forest Park - $1,120,785
- Virginia Heights - $1,159,009
- Morningside - $877,075
- Wasena - $747,400
34
17
Funding Request - Schools
. Identified Plumbina Projects
. Includes repairing and upgrading all inside plumbing
including within the wall, school to street, fixtures,
grease traps, and abatement of ACM material
- Monterey
- Garden City
- Grandin Court
- Preston Park
· Estimated cost of $4 million to $7 million for each school
35
Funding Needs Not In CIP -
Civic Facilities
· Priority 1 - $3.460.000
· Exhibit Hall (Plaza) Roof Repairs - $250,000
· Coliseum Seat Riser Replacement $140,000
· Performing Arts Theater Carpet Replacement - $140,000
· Boiler Replacement - $1,600,000
· Ice Plant Compressor Replacement - $900,000
· Replace Exterior Doors - $75,000
· Dressing Room Restoration - $225,000
· Exhibit Hall Renovation -$130,000
36
18
Funding Needs Not In CIP -
Civic Facilities
· Priority 2 - $2,210,000
· Fourth Floor Annex Build Out - $400,000
· Sound System Enhancement Coliseum - $300,000
· Interior Lighting Coliseum - $400,000
· Exterior Lighting - $140,000
· Sound System Replacement - Exhibit Hall - $180,000
· Restroom Restoration Exhibit Hall - $60,000
· Restroom Restoration Coliseum - $375,000
· Ticket Office Renovation Coliseum - $120,000
· Partitions Special Events Center - $180,000
· RPAT Orchestra Shell Upgrade - $30,000
· Replacement Handicap Lift Coliseum - $25,000
37
Funding Needs Not In CIP -
Civic Facilities
· Priority 3 - $3,818,000
· Seat Replacement Coliseum - $1,200,000
· Structural Analysis Coliseum and RPAT - $25,000
· RPAT Dressing Room Renovation - $110,000
· Eco-Glo Stairtread Strips - Coliseum ~ $18,000
· Convert Marquee to LED -$250,000
· RPAT Curtains - $75,000
· Parking Lot Resurfacing/Striping - $450,000
· Restoration of Steinway Concert Grand Piano - $35,000
· Pressure Wash Exterior of Facility - $28,000
· Exhibit Hall Partitions - $115,000
· Exterior Sound System - $12,000
· Scoreboard Replacement - $1,500,000
38
19
Priorities
· What should the project priorities be?
· Should revisions be made to scope,
size, and timing of current projects?
39
Project Priorities?
· Library Master Plan
· Construction of full-service branch - Peters Creek Road
· Renovation of an existing branch or development of a
storefront branch
· Research Branch (Replacement of Main.Branch)
· Civic Facilities
· Capital Maintenance and Improvements
· School Capital Maintenance
· HV AC and Automated Controls
· Repairing and Upgrading Plumbing,
· Market GaraQe
· Build out of retail space
· Courthouse Expansion
40
20
Project Priorities?
· Parks and Recreation Master Plan
· Park and Park Facility Improvements
· Elmwood Park Amphitheater
· Greenways
· Neiahborhood Storm Drains
· Bridae Maintenance, Repair and Renovation
· Curb, Gutter, Sidewalks
· Streets cape Proiects
· VDOT Hiahwav Proiects
41
21
ROANOKE CITY PUBLIC SCHOOLS
2011 Legislative Program
Leszislation Reauested
School Start Date
The City's School Board should be authorized to set its school calendar so that the first
day students are required to attend school shall be no earlier than two weeks prior to Labor Day.
(Del. Cleaveland introduced H. B. 771 in 2010; it did not get out of committee.)
Education Funding .
The state has a constitutional duty to meet its education funding obligations. The City
supports full funding of state education programs including the Standards of Quality, incentive,
categorical,' and school facilities programs. The City opposes changes in methodology and
changes in the division of [mancial responsibility that result in a shiflof funding responsibility
from the state to localities. As an example, the City opposes the elimination or decrease of state
funding for state mandated benefits for school employees. The state should consider alternatives
'to generate additional funds to fulfill the constitutional commitment to education. Alternatives
could include raising the sales tax or decreasing the amount of funding for the personal property
tax exemption program. I
The City opposes policies that lower state contributions to education under the Standards
of Quality or other programs, but do nothing to address the cost of meeting the requirements in
the Standards of Accreditation and Standards of Leaming. The state should not continue to
maintain and increase educational requirements while at the same time decreasing state funding.
Virginia High School League
The Virginia High School League (VHSL) is an important and influential part of the
Virginia educational system. As such, City Council and Roanoke City Public Schools (RCPS)
believe it is important that the oversight. and organizational structure of the VHSL be examined
to ensure its mission, activities and decision-making processes are consistent with those of the
state Department of Education and supportive of all Virginia school districts and the unique
characteristics therein.
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2011
L IGISLATIVE PROGRAM
C!ITiY OF' ROANOKE
~ __ ._. -__ .I _. _ _ ~_ __ .1__ __~
llIustration by Blair Marketing, Lynchburg, Va,
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CITY COUNCIL
SCHOOL BOARD
David A. Bowers, Mayor
David B. Carson, Chair
Dr. David B. Trinkle, Vice-Mayor
Jason E. Bingham, Vice-Chair
William D. Bestpitch
Mae G. Huff
Raphael E. Ferris
Annette Lewis
Sherman P. Lea
Suzanne P. Moore
Anita 1. Price
Todd A. Putney
Court G. Rosen
Lori E. Vaught
CITY ,MANAGER
SUPERINTENDENT
Christopher P. Morrill
Dr. Rita D. Bishop
William M. Hackworth
City Attorney
464 Noel C. Taylor Municipal Building
Roanoke, VA 24011
540-853-2431
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INTRODUCTION
The City Council is pleased to commend this Legislative Program for consideration by
the 2011 Session of the General Assembly. The City Council, representing all the people of
our All-America City, is uniquely qualified to understand the legislative needs of City
government and our people. Weare of the opinion that this Program is responsive to those
needs. As a policy matter, we continue to believe that local governments are the best vehicles
for the delivery of many services to the public because local governments are closest to the
people and the most responsive. We continue to be concerned about the cumulative effect of
Federal and State legislative and regulatory mandates, many of which are unfunded, the
continued erosion of local revenue sources, and the State's fiscal woes.
This Program is a combined Program for City Council and the School Board. You will
note that ~e have made a conscientious effort to pare our Program down to the issues that we
believe are most important to the citizens ofthis City. The City Council portion was prepared
by the City Attorney, William Hackworth, with the assistance of comments and suggestions
from Council members, City administrators, and citizens. The School Board portion was
prepared with the assistance of advice and comments from the School Board and
administrators. The entire Program has been carefully reviewed by City Council's Legislative
Committee, which consists of all the members of Council, and Lori Vaught and Annette Lewis
of the School Board. Upon the recommendation of the Legislative Committee, the Program
was adopted and endorsed by City Council on October 18,2010. See Resolution No. 38982-
101810 a copy of which is attached.
If during the course of the Session our legislators have questions concerning the position
of the City or School Board on legislative matters, they are encouraged to contact us. I also
know that representatives of the City and School Board will be in contact with our legislators
on many occasions during the 2011 Session, and their consideration of these communications is
deeply appreciated. With the support of our legislators, and this City is fortunate to have
legislators who are most supportive and responsive to the needs of our City and its citizens, I
know that our City government and School Division will be improved and that the quality of
life for our citizens will be advanced.
(V
David A. Bowers, Mayor
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2011 Legislative Program
Le2:islation ReQuested
TrausDominion Express Commission.
Sen. Edwards has proposed legislation which would establish the TransDominion Express
Commission to be responsible, within the TransDominion Corridor, for identifying needed construction,
reconstruction, improvements of or repairs to railroads and their facilities and equipment necessary to
provide enhanced passenger rail service, coordinated with freight rail opportunities, within the Corridor.
The Commission may finance or assist in financing any rail transportation project. (Sen. Edwards
patroned S.B. 435 in 2010; it was continued to 2011 in Senate Rules Committee. It would have repealed
Chapter 1041 of the 2003 Acts of Assembly, which provided for the creation of a Rail Transportation
Development Authority, but never became effective because its "reenactment clause" was never satisfied)
Passenger Rail Service.
The City of Roanoke supports the proposal to extend passenger rail service from Bristol through
Roanoke and on to Lynchburg and then to Washington, D.C., and Richmond, Virginia (the
"TransDominion Express"). Roanoke is the largest city in Virginia without passenger rail service. The
2000 General Assembly provided $9 million in preliminary funding for this important economic
development initiative. The City supports the additional State funding necessary to place the service into
operation. Priority should be give to instituting passenger rail service between Roanoke and Lynchburg,
to enable residents of this region access to passenger rail service. Until this can be accomplished, funding
should be made available to institute bus service between Roanoke and Lynchburg, coordinated with train
schedules. (Senator Edwards patroned S.B. 864 in 2009, which would have created the Rail
Transportation Development Authority; it failed to report from the Finance Committee.)
School Start Date.
The City's School Board should be authorized to set its school calendar so that the first day
students are required to attend school shall be no earlier than two weeks prior to Labor Day. (Del.
Cleaveland introduced H. B. 771 in 2010; it did not get out of committee.)
Evictions.
Sections 8.01-156, 55-237.1, and 55-248.38:2, Code of Virginia, either authorize or require (the
statutes do not seem consistent in their provisions) sheriffs to remove the personal property of anyone
ordered to be evicted from the premises of another and to set such property in the "public way." This is an
archaic practice that City neighborhoods have complained of for many years, as it usually creates an
unsightly pile of belongings that are left for scavengers and the weather to scatter, until such time as they
are either removed by the landlord, or removed by the City, which is a nuisance and an expense to the
City's taxpayers. These sections of the Code of Virginia should be amended to eliminate the provisions
permitting the personal property of persons being evicted from being placed in the "public way".
(Requested by City's Division of Solid Waste Management)
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Other Lel!islative Priorities
Revenue related requests
Education Funding.
The state has a constitutional duty to meet its education funding obligations. The City supports
full funding of state education programs including the Standards of Quality, incentive, categorical, and
school facilities programs. The City opposes changes in methodology and changes in the division of
financial responsibility that result in a shift of funding responsibility from the state to localities. As an
example, the City opposes the elimination or decrease of state funding for state mandated benefits for
school employees. The state should consider alternatives to generate additional funds to fulfill the
constitutional commitment to education. Alternatives could include raising the sales tax or decreasing the
amount of funding for the personal property tax exemption program.
The City opposes policies that lower state contributions to education under the Standards of
Quality or other programs, but do nothing to address the cost of meeting the requirements in the Standards
of Accreditation and Standards of Learning. The state should not continue to maintain and increase
educational requirements while at the same time decreasing state funding.
Restore State Budget Cuts.
The State should restore the funding reductions in local aid made during the last legislative
session, and not make any further reductions in local funding.
BPOL and Machinery and Tools Taxes.
. The City oppose efforts by the state to limit local government taxing authority, such as eliminating
the business license tax or the machinery and tools tax.
Arts and Cultural Organizations.
The Commonwealth should continue funding for the Virginia Commission for the Arts, which
makes grants to local arts art and cultural organizations. According to a recent study by the Arts Council
of the Blue Ridge, such organizations and local artists account for about $18 million in tourist spending in
the area, and $760,000 in local and state tax revenues.
Drug Court.
State funding should be maintained for the City's very successful drug court.
Fee for Domestic Violence and Domestic Related Offenses.
Enabling legislation authorizing localities to impose a fee of $50.00 on those convicted of
domestic violence and domestic related offenses would help offset the expense of domestic violence
investigations and provide services to victims. This fee would be separate from and in addition to any
fine and/or costs otherwise imposed by the courts. (Suggested by the Roanoke Domestic Violence Task
Force. )
State Aid to Public Libraries.
State aid to public libraries has been cut dramatically since full-funding was last achieved in FY
2001. In fiscal year 2010 state aid is only funded at 56% of the level mandated by the Code of Virginia,
which has produced a shortfall in state aid to public libraries of nearly $7 million per year. The 2010
General Assembly approved an additional 15% reduction in state aid for fiscal years 2011 and 2012 which
will drop state support to nearly 50% ofthe state funding required.
Law Library Fee.
Sec. 42.1-70, Code of Virginia, authorizes localities to assess a sum of up to $4.00 on any civil
action filed in their courts in order to help maintain a law library. The City's law library has seen costs go
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up, and use by the public has increased substantially. It is requested that the permitted fee be increased to
at least $7.00. (Requested by Sheila Umberger, City Librarian.)
Payment of Taxes, Fees, and Fines Owed the City.
Sec. 15.2-2286.B, Code of Virginia, permits localities to require applicants for special exceptions,
special use permits, variances, rezonings or other land disturbing permits, including building permits and
erosion and sediment control permits, to produce satisfactory evidence that any delinquent real estate
taxes owed the locality have been paid. It is requested that this section be amended to include any taxes
(such as personal property), fees, or fines owed the locality by the owner ofthe subject property.
(Requested by Division of Planning, Building and Development.)
Abused and Neglected Animals.
By State law, localities are required to provide emergency veterinary treatment for animals found
to be abandoned, abused, or neglected. Most of these animals have been abandoned, their ownership
unknown, and they are unclaimed. At a minimum emergency veterinary care costs $125.00. In 2008, the
Police Department expended over $13,000.00 for such care. Legislation is requested requiring every
person convicted of an animal-related offense under State or local law pay a fee of $15.00, which fee may
be used by localities to help cover the expense of providing emergency veterinary care. (Requested by
Police Department.)
Sales Tax Payments by State.
Section 58.1-605.F, Code of Virginia, gives the State Department of Taxation a six-month time
period in which to distribute to localities sales taxes that are incorrectly paid to another locality, after an
audit reveals that an incorrect distribution of such taxes has been made. Localities owed such taxes lose
interest on such payments if not paid promptly to the correct locality. It is proposed that the six month
time period permitted for such payments be reduced to thirty days. (Requested by Dana Long, Manager,
Billings and Collections.)
Penalty for Untaxed Cigarettes.
Section 58.1-3832.5, Code of Virginia, provides that localities may impose a penalty for fraud or
evasion of payment of a cigarette tax, but limits the penalty to an amount not to exceed fifty percent of the
tax owed. At the current tax rate of $.57 per carton, the maximum penalty which may be imposed is $.27
per carton. This limit should be increased, or a penalty in a stated dollar amount authorized. (Requested
by Dana Long, Manager, Billings and Collections.)
Untaxed Cigarettes.
Section 58.1-3832.5, Code of Virginia, authorizes localities to adopt ordinances making it a
misdemeanor for persons to possess more than six cartons of untaxed cigarettes. This should be amended
to make it a misdemeanor to possess any amount of untaxed cigarettes. (Requested by Dana Long,
Manager, Billings and Collections.)
Fee for Transporting Arrestees.
Legislation should be adopted authorizing localities to impose a fee ($5.00 is suggested) for each
time an arrestee must be transported by local law enforcement, such as transportil1:g them to a holding
facility, such fee to be imposed upon the person if convicted of the crime for which he or she was
arrested. Such fee would be used to offset the cost of transporting arrestees. (Requested by Roanoke City
Police Department.)
Conservation Easements.
The State should provide some incentive, financial or otherwise, for localities which place land
owned by them under a conservation easement, such as assisting in paying for any necessary surveys.
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Tax-Exempt Financing.
Although it has not yet been an issue in the City, in some Virginia localities (Norfolk and Virginia
Beach, for example) large tax-exempt bond financings have been undertaken for non-profits by the
Virginia Small Business Financing Authority (VSBF A), rather than by the local industrial or economic
development authority. This deprives local authorities and their localities of any "say" in the projects, and
deprives the local IDAs/EDAs of the administrative fees that they receive for issuing such bonds. VSBFA
bonds should be limited to small businesses, and the amount of bonds it may issue be capped, so that it
does not compete with local IDAs and EDAs.
Requests related to Quality of life/public health, safety and welfare
Preserve Sovereign Immunity.
On October 23, 2009, the Boyd-Graves Conference (composed of lawyers who represent the
interests of both plaintiffs and defendants) voted to recommend that the sovereign immunity of Virginia
localities be limited, and that the Virginia Tort Claims Act be extended to apply to localities. The Act
currently applies to the Commonwealth. One justification cited for this action is that the current system
of tort liability is confusing and unfair, in that counties have total sovereign immunity, while cities have
liability for injuries incurred during the performance of a "proprietary" function, but have immunity when
injuries are incurred during the performance of a "governmental function".
Abolishing sovereign immunity could be very expensive for the City's taxpayers. The City joins
with the Virginia Municipal League in opposing placing the City and other localities under the Virginia
Tort Claims Act.
Dangerous Weapons in Government Buildings.
The City joins with the Virginia Municipal League in supporting legislation to allow local
governments to prohibit or restrict the carrying of dangerous weapons in city and town halls, county
administration buildings, public libraries, public community and recreation centers, and public
convention/conference centers. Section 15.2-742, Code of Virginia, currently prohibits localities from
adopting or enforcing any such prohibition or restriction with regard to firearms.
Virginia High School League.
The Virginia High School League (VHSL) is an important and influential part of the Virginia
educational system. As such, City Council and Roanoke City Public Schools (RCPS) believe it is
important that the oversight and organizational structure of the VHSL be examined to ensure its mission,
activities and decision-making processes are consistent with those of the state Department of Education
and supportive of all Virginia school districts and the unique characteristics therein.
Outdoor Lighting.
Legislation is requested which would authorize the City to regulate, through its zoning ordinance,
exterior illumination levels of the lighting on new buildings and structures. Albemarle and Prince
William Counties (see ~15.2-504.1, Code of Virginia) and Arlington County (see 915.2-742, Code of
Virginia) have this authority.
Predatory Lending Practices.
Local governments must retain the authority to regulate the location and number of payday
lending institutions, and the state should limit the effective interest rates and fees charged on loans to 36
percent
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Plastic Bags.
The City supports legislation such as H. B. 521, introduced by Del. Morrissey in 2011, that would
prohibit retailers from providing customers with plastic bags unless they are (i) durable with handles, (ii)
at least 2.25 mils thick, and (iii) specifically designed and manufactured for multiple use. San Francisco,
the Outer Banks (Currituck, Dare and Hyde Counties), and several other cities (including Paris and
London) have banned such bags, and several other states and cities are considering such a ban. (Requested
by City's Transportation Division, which reports that it must spend as much time picking up litter from
City rights-of-way as it does in mowing along them.)
In the alternative, the City requests that localities be authorized to impose a fee on each plastic bag
distributed by retailers, with such fees to be devoted to litter prevention. Washington D. C. ' s 5 cent tax on
plastic bags, instated just this past January, has already proven to have a phenomenal impact: the number
of plastic bags handed out by supermarkets and other establishments dropped from the 2009 monthly
average of 22.5 million to just 3 million in January 2010. While significantly reducing plastic waste, the
tax simultaneously generated $150,000 in revenue, which will be used to clean up the Anacostia River.
Chronic Nuisance Properties.
The City requests enabling legislation that would authorize it to adopt a "probationary and rental
occupancy permit" ordinance similar to the ordinance adopted by the City of Raleigh, North Carolina, to
deal with properties that are the source of chronic nuisance complaints, such as repeated breaches of the
peace, property maintenance violations, zoning violations, weeds, trash, inoperable motor vehicles, and
criminal offenses such as drug and alcohol offenses, prostitution, noise, disorderly conduct, and similar
offenses. Raleigh requires the owners of rental property with repeated offenses of this type to register with
the City for a two-year probationary period, and pay a registration fee. The City provides training to such
landlords to assist them to avoid nuisances on their properties. Enforcement relies on civil, rather than
criminal, penalties, in a graduated scale. Repeat violations can result in the owner of the rental property
being prohibited from renting it for a period of time. Further information is available from the City's
Division of Planning, Building and Development '
Rental Inspection.
Amend Section 36-105.1:1, Code of Virginia, to authorize localities that have rental inspection
programs to require the owner of any multifamily development with more than ten dwelling units to erect
a sign on the property identifying the name, address, and phone number of the person or entity that
manages the development. (Proposed in 2009 by informal blight study group of certain localities in which
the City participated.)
Smoking in Certain Public Places Outdoors.
Enabling legislation should be enacted to authorize localities to regulate or prohibit smoking in
defined areas outdoors, specifically in proximity to the entrance to public buildings, and in areas where
children's programs or sports are being conducted. These are areas where citizens are exposed to tobacco
smoke, and they often complain of it. Localities currently have no authority to regulate smoking in such
areas.
Vacant Building Registration.
Section 15.2-1127, Code of Virginia, authorizes cities, by ordinance, to require the owners of
buildings that have been vacant for a continuous period of twelve months or more to register such
buildings on an annual basis, and to impose an annual registration fee not to exceed $25.00. This
registration fee is inadequate, and should be increased to an amount "not to exceed $250.00." (Del. Ware
introduced H. B. 363 in 2010; it was left in committee.)
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ReQuests related to law enforcement/domestic violence.
Distracted Driving.
Legislation should be adopted prohibiting operators of motor vehicles upon public highways from
driving with pets in their laps. (Requested by Police Department.) (H. B. 533 was introduced in 2008 that
would have added a Section 46.2-811.1 to the Code of Virginia to accomplish this.)
Pedestrians Trespassing on Highways.
Currently, pedestrians who trespass on the right-of-way of Interstate or limited access highways
can only be charged with a "traffic infraction" under rules promulgated by the State's Transportation
Board. In order to promote safety, legislation should be adopted making this a misdemeanor. (Requested
by Police Department.)
Domestic Violence Offense.
Legislation should be adopted establishing a requirement that prosecution of any domestic
violence offense involving a knife or a gun be expedited. (Suggested by Roanoke Domestic Violence
Task Force.)
Sale of Spray Paint.
Legislation should be enacted that would prohibit the sale of spray paint to mmors, unless
accompanied by an adult. (Requested by Police Department.)
Definition of Prostitution.
The definition of "prostitution" in Section 18.2-346, Code of Virginia, should be amended. To
convict someone of prostitution, three elements of the crime must be established: an agreement to
perform a sex act, an agreement to exchange money or its equivalent for such act, and then the
performance of a "substantial act" in furtherance of the crime. According to the Police Department, the
"substantial" requirement makes it difficult to convict those guilty of prostitution. It is suggested that
either this word be deleted, or replaced with the word "material." (Requested by Police Department.) In
addition, language should be added further defining "prostitution", as follows:
~ 18.2-346. Being a prostitute or prostitution.
A. Any person who, for money or its equivalent, commits adultery, fornication, any physical act
),vith the intent to se:\:ual~v gratifj' another, or any act in violation of ~ 18.2-361, or offers to
commit adultery, fornication, any ph.vsical act with the intent to sexually gratijv another, or
any act in violation of ~ 18.2-361 and thereafter oo.esperforms any substantialmaterial act in
furtherance thereof, shall be guilty of being a prostitute, or prostitution, which shall be
punishable as a Class 1 misdemeanor.
B. Any person who offers money or its equivalent to another for the purpose of engaging in
sexual acts as enumerated above and thereafter f.:le.espeljorms any 5-HhstaBfialmaterial act in
furtherance thereof shall be guilty of solicitation of prostitution and shall be guilty of a Class 1
misdemeanor. C
ReQuests related to 2:eneral 2:overnment.
Legal Advertising.
The City and its citizens expend tens of thousands of dollars annually to publish legal ads in
newspapers, as required by various State laws for various types of notices. State law should be changed
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to permit some of these notices to be given by the Internet or by radio or television, in order to reduce
costs, or the required number of publications of such ads should be reduced.
Examples:
Section 15.2-2285. Notice of all zoning text amendments and rezonings must be advertised twice
before they are considered by the planning commission, then twice again before being considered by the
governing body.
Section 15.2-2606.A. Two ads must be published for all public hearings on bond issues.
Section 15.2-3107. Two ads must be published before localities can agree on voluntary boundary line
adjustments. "
Section 15.2-107. Two ads must be published before zoning or subdivision fees, or sewer and water fees,
can be imposed or raised.
'FOIA.
An exemption should be added to Section 2.2-3711 of the Freedom of Information Act to permit
governing bodies to discuss in closed meetings the granting of economic development incentives for
projects which already have been announced publicly. Section 2.2-3711.5 of the Freedom of Information
Act should allow public bodies to meet in closed session to deal with the possibility of the closing or
relocation of a business.
SCHOOL BOARD LEGISLATIVE PRIORITIES
City Council endorses the School Board Legislative Program in its entirety and attaches and
incorporates it into the City Legislative Program.
School Start Date.
The City's School Board should be authorized to set its school calendar so that the first day
students are required to attend school shall be no earlier than two weeks prior to Labor Day. (Del.
Cleaveland introduced H. B. 771 in 2010; it did not get out of committee.)
Education Funding.
The state has a constitutional duty to meet its education funding obligations. The City supports
full funding of state education programs including the Standards of Quality, incentive, categorical, and
school facilities programs. The City opposes changes in methodology and changes in the division of
financial responsibility that result in a shift of funding responsibility from the state to localities. As an
example, the City opposes the elimination or decrease of state funding for state mandated benefits for
school employees. The state should consider alternatives to generate additional funds to fulfill the
constitutional commitment to education. Alternatives could include raising the sales tax or decreasing the
amount of funding for the personal property tax exemption program.
The City opposes policies that lower state contributions to education under the Standards of
Quality or other programs, but do nothing to address the cost of meeting the requirements in the Standards
of Accreditation and Standards of Learning. The state should not continue to maintain and increase
educational requirements while at the same time decreasing state funding.
Virginia High School League.
The Virginia High School League (VHSL) is an important and influential part of the Virginia
educational system. As such, City Council and Roanoke City Public Schools (RCPS) believe it is
important that the oversight and organizational structure of the VHSL be examined to ensure its mission,
activities and decision-making processes are consistent with those of the state Department of Education
and supportive of all Virginia school districts and the unique characteristics therein.
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IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of October, 2010.
No. 38982-101810.
A RESOLUTION adopting and endorsing a Legislative Program for the City to be presented to the
City's delegation to the 2011 Session of the General Assembly.
WHEREAS, the members of City Council are in a unique position to be aware of the legislative needs
of this City and its people;
WHEREAS, previous Legislative Programs of the City have been responsible for improving the
efficiency of local government and the quality of life for citizens of this City;
WHEREAS, Council is desirous of again adopting and endorsing a Legislative Program to be
advocated by the Council and its representatives at the General Assembly; and
WHEREAS, the Legislative Committee of City Council has by report, dated October 18, 2010,
recommended to Council a Legislative Program to be presented at the 2011 Session ofthe General Assembly;
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The Legislative Program transmitted by report ofthe Legislative Committee, dated October 18,
2010, is hereby adopted and endorsed by the Council as the City's official Legislative Program for the 2011
Session of the General Assembly.
2. The Clerk is directed to issue cordial invitations to the City's Senator and Delegates to the 2011
Session ofthe General Assembly to attend Council's meeting relating to legislative matters, to be held at 9:00
a.m., on November 1,2010.
ATTEST:
~ tn. fYJ6<MJ
City Clerk. I
~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 1st day of November, 2010.
No. 38989-110110.
A RESOLUTION paying tribute to the Roanoke Valley Veterans Council and its
donation of one hundred flags in preparation for the Virginia's Veterans Parade on
November 6, 2010.
WHEREAS, the Roanoke Valley Veterans .council was founded in 1962 to bring
together area veterans-service and military-service organizations to serve a common
purpose;
WHEREAS, this purpose is to better the lives of our veterans through the
recognition of veterans' needs individually and in groups, and to maintain and enhance
public awareness and knowledge of veterans' contributions to our Nation, to the
Commonwealth of Virginia, to their communities, and to their families;
WHEREAS, the Roanoke Valley Veterans Council proudly represents Veterans
"
of Foreign Wars, American Legion, Disabled American Veterans, The 40 & 8, 29th
Division Association, Fleet Reserve Association of the United States Army, AMVETS,
American Ex-POWs, Vietnam Veterans of America, Pearl Harbor Survivors Association,
Air Force Association, Military Officers Association of America, Reserve Officers
Association, Marine Corps League, Military Order of the Purple Heart, 82nd Airborne
Association, Women Accepted for Volunteer Emergency Service (WAVES), Military
Order of the World Wars, and the Career Armed Forces Reserve Associations;,
WHEREAS, past projects undertaken by the Roanoke Valley Veterans Council
include the Roanoke V alley War Memorial Plaza arthe corner of Second Street and
Church Avenue - a volunteer effort to raise funds, commission the memorial tablets and
dedicate them as a gift to the community;
WHEREAS, the Roanoke Valley Veterans Council will host the first annual
Virginia's Veterans Parade on Jefferson Street in downtown Roanoke on Saturday,
November 6, 2010, at 11 a.m. to celebrate and honor the dedication and courage ofthe
Valley's men and women who have served their country, both veterans and active duty;
and
WHEREAS, the one hundred flags generously donated by the Roanoke Valley
Veterans Council will not only decorate the parade route but will replace worn flags
throughout the City, so that the new flags can be proudly displayed on national holidays
such as Presidents Day, Memorial Day, Independence Day, Labor Day, and Veterans
Day.
THEREFORE, BE IT RESOLVED by the Council ofthe City of Roanoke that:
1. Council adopts this Resolution as a means of honoring the Roanoke Valley
Veterans Council and its donation of flags to the City.
2. Th~ City Clerk is directed to forward an attested copy of this Resolution to Mr.
Dan Karnes, Lieutenant Colonel, United States Army (Ret.), President, Roanoke Valley
Veterans Association.
ATTEST:
~~ YYJ. mOOn)
'. City Clerk (
Office of the Mayor
CITY OF
WHEREAS, on November 1~, 1921, an unknown World War [ American soldier
was buried in Arlington National Cemetery; this, site, on the
hillside overlooking the Potomac River . and the City of
Washington, D. C. became the focal point for reverence for
America's veterans;
WHEREAS, similar ceremonies occurred earlier in England and France, all
on November 11, giving universal recognition to the celebrated
ending of World War [fighting at 11:00 a.m., November 11,1918
(the 1 th hour 'of the 1 th day of the 1 th month); this day became
known as "Armistice Day" and was later proclaimed as Veterans
Day after World War 1I and the Korean Conflict; and
WHEREAS, millions of American men and women have answered the call to
duty in defending the' hard-won freedoms' we enjoy today;
November 11 Veterans Day, is the occasion on which we
remember, recognize and honor the unselfish service, in all wars
and military actions of our veterans.
NOW, THEREFORE, I, David A. Bowers, Mayor of the City of Roanoke,
Virginia, urge all citizens to join in recognition and honor of the commitment of
all Veterans through appropriate public ceremonies and, do hereby proclaim
Thursday, November 11, 2010, throughout this great All-America City, as
VETERANS DAY 2010.
Given under our hands and the Seal of the City of Roanoke this ]'1 day of
November in the year two thousand and ten.
ATTEST:
AA~.h\~
Stephanie M. Mo~
City Clerk
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CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Chw:ch 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
November 3, 2010
CECELIA T. WEBB
, Assistant Deputy City Clerk
Tim Steller, Executive Director
Blue Ridge Behavioral Healthcare
301 Elm Avenue, S. W.
Roanoke, Virginia 24016-4001
Dear Mr. Steller:
Your communication recommending concurrence in, the reappointment of Dana Barnes
Lee, as an at-large member of the Blue Ridge Behavioral Healthcare Board of Directors,
for her third term of office, was before the Council of the City of Roanoke at a regular
meeting which was held on Monday, November 1, 2010.
Council concurred in the ratification of the appointment of Mrs. Lee, as an at-large
member of the Blue Ridge Behavioral Healthcare Board of Directors, for a term
commencing January 1, 2011, and ending December 31, 2013.
Sincerely,
~dn. hJbMJ
Stephanie M. Moon, CMC I
City Clerk
pc: Dana Barnes Lee, 4139 Appleton Avenue, N. W., Roanoke, Virginia 24017
Krystal M. Coleman, Deputy Clerk of Council, City of Salem, P. O. Box 869,
Salem, Virginia 24153
Deborah C. Jacks, Deputy Clerk, Roanoke County Board of Supervisors, P. O.
Box 29800, Roanoke, Virginia 24018
Darleen R. Bailey, Clerk, Town of Vinton, 311 S. Pollard Street, Vinton, Virginia
24179
Gerald A Burgess, County Administrator, Botetourt County, 1 West Main Street,
Box 1 , Fincastle, Virginia 24090, '
Richard C. Flora, County Administrator, Craig County, P. O. Box 308,
New Castle, Virginia 24127
..
Blue Ridge
Behavioral
Healthcare
RECEIVED
Daniel R. O'Donnell Chairman
Daniel E. Karnes Vice Chairman
Bruce N. Thomasson Treasurer
Dana Barnes Lee Secretary
ocr 1 3 2010
CITY MANAGER'S OFFICE
Executive Director
Tim Steller
October 8,2010
Mr. Christopher P. Morrill
City Manager
City of Roanoke
215 Church Avenue, SW
Roanoke, VA 24011-
, Dear Mr. Morrill:
According to our records, the second term of Mrs. Dana Barnes Lee as an at-large
representative on the Blue Ridge Behavioral Healthcare Board of Directors will
, expire on December 31, 2010. The Board nominates at-large representatives, and
the participating governing bodies ratify those appointments.
It is the Board's pleasure that she serve a third term, for which she is eligible
according.to Title 37.2 - 502 of the Code of Virginia. We respectfully request that
Roanoke City Council ratify the reappointment of Mrs. Lee for her third term, from
January 1,2011 through December 31,2013.
This request is being sent concurrently to administrators in each of our other four
local governing bodies for their ratification as well.
Sincerely,
Tim Steller
Executive Director
C: The Honorable David A Bowers, Mayor
Mrs. Dana Barnes Lee
4139 Appleton Avenue NW
Roanoke, VA 24017
Executive Offices 301 Elm Avenue SW Roanoke, Virginia 24016-4001 (540) 345-9841 Fax (540) 345-6891
The Community Services Board serving the Cities of Roanoke and Salem, and the Counties of Botetourt, Craig and Roanoke
CITY COUNCIL AGENDA REPORT
To:
Meeting:
Subject:
Honorable Mayor and Members of City Council
November 1, 2010
Roanoke River Flood Reduction - Verizon Easement for Utility Relocation
Backg rou nd:
The City and U.S. Army Corps of Engineers are preparing to construct B~nchcuts 36
and 44 along Aerial Way Drive in connection with the Roanoke River Floo.d Reduction
Project. A Verizon communication line needs to be relocated in order to perform the
benchcuts. As part of the relocation process, Verizon is requesting the conveyance
of an easement on City owned property, designated as Tax Map No. 5210711 R. The
attached deed of easement and plat will allow for the relocation. A public hearing is
required before the easement may be placed on the property. '
Recommended Action:
Schedule a public hearing to be held on Monday, November 15,2010, at 7:00 p.m. on
the above matter.
Distribution:
Council Appointed Officers
Assistant City Manager for Operations
Director of Public Works
City Engineer
Verizon W. o. Mo.: 9A02621
VDOT PrGjectNo.:
ROW Traclclng No.:BCC-88B65~R
Parcel No.:
After Recording Mall To:
VERIlON VIRGINIA INC.
4843 OAKLAND BLVD
ROANOKE VA. 244112
~
Ver.70n
Document Preoared Bv:
VERIZON VIRGINIA INC.
4843 OAKlAND BLVD,
ROANOKE VA 24012
TAX MAP PARCEL I.D. NO:
5210711
DEED OF EASEMENT
THIS DEED OF EASEMENT made this _ day of .2010, by and
between City Of Roanoke. herein after called Grantor and VERIZON VIRGINIA INC.. a Virginia
oorporation, its successors, assigns lessees and agents, herein after called Grantee
WIT N E SSE T ,H:
For and in consideration of One Dollar ($1.00) cash in hand paid unto Grantor and for other good
and valuable oonsiderations, the receipt and SUffICiency of which is hereby acknowledged,
Grantor hereby grants and conveys unto Grantee, its successors, assigns, lessees and agents, a
perpetual non-exdusive easement and right of way (the "Easementjto Install, construct,
operate, maintain, inspect, improve, relocate, alter, replace and remove a communication system
consisting of such buried cable, buried wires, posts, terminals, pedestals, vaults, conduits,
manholes, handholes, and related above-ground facilities, induding but nol limited to, posts,
terminals. location markers, cabinets, equipment housings. and other appurtenances (the
"Fadlities"), as Grantee may from time to time require, upon, under, across and over Grantor's
real property being located In the City of Roanoke Commonwealth of Virginia more particularly
identified as 35~7 Aerial Way Dr., (the "Property") as shown and desaibed on a plat Identified as
Exhibit "A", numbered, BCC-88865-R attached hereto and made a part l1ereof (the "Easement
Area").
Said Easement is hereby granted and conveyed unto Grantee together with the
following rights and covenants:
1 Grantee shall have the right of ingress and egress over, upon and across the
Property, including Grantor's private roads, to and from the communications
system and Easement, including the right to temporarily open and close fences,
for the purposes of exercising the rights herein granted.
2 Grantee shall have the right to trim, cut and remove trees, shrubbery, undergrowth
and other obstructions within the Easement Area which interfere with or threaten
the efficient and safe operation, construction or maintenance of it facilities or
impedes the access thereto.
3 The communications system constructed hereunder is and shall remain the
property of the Grantee. Grantee shall have the right to inspect, rebuild, remove,
repair, remove and relocate its communications system, or any part thereof, within
the Easement Area, and may make such changes, alterations, substitutions,
additions in and to or extensions of its facilities as it deems advisable without the
prior consent ofthe Grantor.
4 During periods of actual construction, Grantee shall have the temporary right to
use Grantor's property lying adjacent to the Easement Area
5 Notice to Landowner: You are conveying rights to a public service corporation.
A public service corporation may have the right to obtain some or all of these
Sheet 1 of 5
Verizon w. O. No.: 9A02fi21
VDOT Project No.:
ROW Tnckint No.:8CC-88N5-R
Parcel No.:
rights through exercise of eminent domain. To the extent that any of the rights
being conveyed are not subject to eminent domain, you have the right to choose
not to convey those rights and you could not be compelled to do so. You have the
right to negotiate compensation for any rights that you are voluntarily conveying.
6 Grantee, its successors and assigns hereby agree to indemnity and save harmless
Grantor, its officers, agents and employees from any and all claims, demands,
damages, including death, and liability of every kind and nature whatsoever that
arise solely from the acts or omissions of Grantee in exercising its rights granted
herein.
7 Grantee, its successors and assigns agree to relocate Grantee's facilities, at
Grantor's expense, to a new easement, suitable to Grantee and provided or
obtained by Grantor at Grantor's expense, at the request of the Grantor, provided,
however, that the new easement is provided or obtained and Grantor provides
Grantee notification of required relocation, in writing, at least ninety (90) days
prior to required completion of relocation.
S Grantor covenants that it is seized of the Property and has the right to convey the
Easement, rights and privileges herein conveyed to Grantee and that Grantee shall
have quiet and peaceable possession, use and enjoyment of the aforesaid
Easement, rights and privileges hereby granted.
9 The Grantee, after constructing, inspecting or maintaining its facilities, shall
restore the property as nearly as reasonably practicable to the condition of the
property existing immediately prior to the commencement of the work to
construct, inspect or maintain its facilities. Grantee shall be liable for all physical
damages resulting from its own exercise of the rights granted hereunder, except
where such damage is not attributable to the actions of the Grantee, including, but
not limited to, those damages resulting from the forces of nature, and/or other
causes beyond the control of Grantee; provided, however, that Grantee is notified
of any damage in writing by Grantor within thirty (30) days of completion of
Grantee's activity within the Easement Area.
Sheet 2 of 5
Verizun W. O. Mo.: 9A02S21
VDOT Project No.:
ROW Tracking No.:BCC-8886S-R
Parcel No.:
IN WITNESS WHEREOF, the following signature(s) and seal(s):
City Of Roanoke
By:
Print Name:
Print Title:
COMMONWEALTH OF VIRGINIA:
County/City of
: to wit:
I,
I certify that
acknowledge the foregoing writing dated
day of . 2010.
. a Notary Public in and for the jurisdiction aforesaid do hereby
did personally appear before me and
in the jurisdiction aforesaid this _
My Commission expires:
Notary Registration Number:
Notary Public
Sheet 3 of 5
Verl.zon W. O. No.: 9A02621
VDOT Project No.:
RON Tl"lICIdng No.:8CC-88865-R
Parcel No.:
Exhibit "A"
SEE ATTACHED SKETCH (SHEET 5)
Site Plan Reference:
VERIZON VIRGINIA INC. OWNER: City:
RIGHT-Of-WAY PLAT CitY Of Roanoke Roanoke
215 Church Ave. TAX MAP NO.
Roanoke, Va. 24012 5210711
_d_.._..-DENOTES ~AND/OR RIW MAGISTERIAL
..---...---- LIMITS Of RIGHT-Of-WAY CONTACT TEL. NO.: (540) 853-5212
City of Roanoke
E.A: Chris Perry GRANTOR: SH E-W N-S
NVSM ~
PHONE NO.: 540-562-4600
CENTRAL OFFICE: GRANTOR: PLAT NO.
9A02621 BCc-a8865-R
Luck
Sheet 4 of 5
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CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva.gov
JONATHAN E.CRAFf
Deputy City Clerk
CECELlA T. WEBB
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
November 3, 2010
Harwell M. Darby, Jr., Secretary
Economic Development Authority
Glenn, Feldmann, Darby and Goodlatte
P.O. Box 2887
Roanoke, Virginia 24001-2887
Dear Mr. Darby:
This is to advise you that Boreham B. Johnson has qualified as a Director of the Economic
Development Authority, for a term of office commencing October 21, 2010 and ending
October 20,2014.
Sincerely,
- ,. 411. mOW
Stephanie M. Moon, CMC I
City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Bareham B. Johnson, do solemnly swear 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 Director of the Economic Development Authority for a term commencing October 21 ,
2010, and ending October 20,2014, according to the best of my ability (So help me God).
s'ubscribed and sworn to before me thiS~ay of
I .".
L:\CLERK\DA T A \CKSM I \Oaths\Economic Development Authority\Boreham B. Jolmson 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
STEPHANIE M. MOON, CMC
City Clerk
JONATHAN E. CRAFT
Deputy City Clerk
November 3, 2010
CECELIA T. WEBB
Assistant Depnty City Clerk
Glenda S. Edwards, Executive Director
Roanoke Redevelopment and Housing Authority
2624 Salem Turnpike, N. W.
Roanoke, Virginia 24017
Dear Ms. Edwards:
This is to advise thafTimothy A. Witten has qualified as a Commissioner of the
Roanoke Redevelopment and Housing Authority for a four-year term of office
ending August 31,2014.
Sincerely,
~n~~~~~
City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Timothy A. Witten, 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 Commissioner to the Roanoke Redevelopment and
Housing Authority ending August 31, 2014, according to the best of my ability (So
help me God).
ff~K~
Subscribed and sworn to before me this /gf~ay of OChbRr2010.
BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT
CLERK
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
JONATHAN E. CRAFT
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
November 3, 2010
Cathy Pendleton
Roanoke Regional Airport Commission
5202 Aviation Drive
Roanoke, Virginia 24012
Dear Ms. Pendleton:
This is to advise you that Cynthia D. Lawrence has qualified as a member of the Roanoke
Regional Airport Commission to fill the unexpired term of James M.Turner, Jr., ending
March 9, 2011.
Sincerely,
~m.W1ba0
Stephanie M. Moon, CMC ,. J
City Clerk
SMM:ctw
.
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Cynthia D. Lawrence, 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
City representative of the Roanoke Regional Airport Commission to fill the unexpired term
of James M. Turner, Jr., ending March 9, 2011, according to the best of my ability (So help
me God).
~~
Subscribed and sworn to before me this /g~day of Ot-/r;kr 201 O.
BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT
CLERK
L:\CLERK\DATA\CKSMl\Oaths\Airport Commission\Cynthia D. Lawrence oath.doc
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
JONATHAN E.CRAFT
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
November 3, 2010
. Harold Wallick, Chair
Towing Advisory Board
Roanoke, Virginia
Dear Mr. Wallick:
This is to advise you that Samuel Roman has qualified as a member of the Towing
Advisory Board, to fill the unexpired term of James Fazio ending October 31,2012.
Sincerely,
~1Y). m7J1S>\J
Stephanie M. Moon, CMC I
City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Samuel Roman, 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 Towing Advisory Board to fill the
unexpired term of James Fazio ending October 31, 2012, according to the best
of my ability (So help me God).
J!~7c .
. ~
Subscribed and sworn to before me this -LOday of V c 7 2010.
BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT
B~'P1cGwr/ ,~~
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
November 1 , 2010
The Honorable Mayor and Members
of Roanoke City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of Council:
Council Members
William D. Bestpitch
Raphael E. "Ray" Ferris
Sherman P. Lea
Anita J. Price
Court G. Rosen
David B. Trinkle
We jointly sponsor a request of EventZone to present the 2010 Festivals Recap
Report., at the regular meeting of City Council to be held on Monday,
November 1, 2010, at 2:00 p.m.
Sincerely,
1d4-~~f.?d
William D. Bestpitch
Council Member
~
Court G. Rosen
Council Member
WDB/CGR:ctw
O?C
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 1st day of November, 2010.
No. 38990-110110.
A RESOLUTION authorizing acceptance of the Safe Havens: Supervised Visitation and Safe
"
Exchange Grant Program grant from the United States Department of Justice, Office on Violence
Against Women, in the amount of$350,000, and authorizing execution of the sub-grant agreement
between the City and Total Action Against Poverty in Roanoke Valley ("TAP") to continue the
services the grant will enable, and any additional documents required to accept the grant.
BE IT RESOLVED by the Council ofthe City of Roanoke that:
1. The City of Roanoke hereby accepts the Safe Havens: Supervised Visitation and Safe
Exchange Grant Program grant from the United States Department of Justice, being Grant Number
20IO-CW-AX-K005, in the amountof$350,000, for the period commencing October 1, 2010, until
September 30, 2013, to continue the provision of services for the victims of domestic violence, sexual
assault, and stalking, as set forth in the November 1, 2010, Report of the City Manager to this
Council.
2. The City Manager is hereby authorized to execute the sub-grant agreement between
the City and Total Action Against Poverty in Roanoke Valley, to continue the services that the grant
will enable, and any and all requisite documents, upon form approved by the City Attorney, and to
furnish such additional information as may be required in connection with the City's acceptance of this
grant.
ATTEST:
A~~m.h")~
City Clerk (
r
The 1st day of November, 2010.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
No. 38991-110110.
AN ORDINANCE to appropriate funding from the federal government for the
Safe Havens Supervised Visitation and Safe Exchange Continuation 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
Fees for Professional Services
Training and Development
Printing
Revenues
Safe Havens Visitation & Exchange FY11
35-630-5007 -2010
35-630-5007 -2044
35-630-5007 -2075
35-630-5007 -5007
$ 348,000
1,500
500
350,000
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
~~m.mD~
City Clerk. ~
CITY COUNCIL AGENDA REPORT
To:
Meeting:
Subject:
Honorable Mayor and Membe'rs of City Council
November 1, 2010
Office on Violence Against Women (OVW) Safe Havens
Supervised Visitation and Safe Exchange Continuation Grant
Backg rou nd:
In January 2006, the City of Roanoke Department of Human Services and Total Action
Against Poverty in Roanoke Valley, Inc., (TAP) filed a successful application with the
Department of Justice, Office on Violence Against Women (OVW) Grant Program for a
grant to be administered through the City of Roanoke. The Safe Haven: Supervised
Visitation and Safe Exchange Grant Program (Supervised Visitation) was authorized
under the Violence Against Women Act of 2000 to increase supervised v,isitation and
exchange options for families with a history of domestic violence, child abuse, sexual
assault or stalking. In March of 2007 and March of 201 0 successful applications were
submitted by the City for continuation funding. On September 23, 2010, the City
received notification of a continuation award for a three year period (2011-2013) in
the amount of $350,000. These continuation funds will allow the City to improve the
variety and accessibility of su pervised visitation and exchange services for victims of
domestic violence, sexual assault, and stalking; and similar services for their children.
Recommended Actions:
Authorize the City Manager to continue the sub-grant agreement with TAP,
substantially similar in form to the agreement attached to this report. Adopt a
resolution accepting grant funding from the OVW - grant number 201 0-CW-AX-K005
and authorize the City Manager to execute the grant agreements along with any
related documents, approved as to form by the City Attorney.
Adopt the accompanying budget ordinance to establish a revenue estimate in the
amount of $350,000 and to appropriate the same amount in accounts to be
established in the Grant Fund by the Director of Finance.
HRISTOPHER P. MORRILL
City Manager
Distribution:
Council Appointed Officers
Assistant City Manager for Community Development
Director of Human/Social Services
!
Department of Justice
Office on Violence Against Women
September 23,2010
Washing/an, D. C. 20531
Mr. Christopher Morrill
City of Roanoke
215 Church Avenue, SW
Room 364
Roanoke, VA 24011-0000
Dear Mr. Morrill:
On behalf of Attorney General Eric Holder, it is my pleasure to inform you that the Office on Violence Against Women has
approved your application for funding under the Safe Havens: Supervised Visitation and Safe Exchange Grant Program in the
amount of $350,000 for City of Roanoke. This award provides the opportunity for recipients to develop and strengthen
effective responses to violence against women. This cooperative agreement supports supervised visitation and safe exchange
options for families with a history of domestic violence, child abuse, sexual assault and stalking.
Enclosed you will find the award package. This award is subject to all administrative and financial requirements, including the
timely submission of all financial and programmatic reports, resolution of all interim audit findings, and the maintenance of a
minimum level of cash-on-hand. Should you not adhere to these requirements, you will be in violation of the terms of this
agreement and the award will be subject to termination for cause or other administrative action as appropriate.
If you have questions regarding this award, please contact Michelle B. Dodge at (202) 353-7345. For financial grants
management questions, contact the OVW Grants Financial Management Division at (202) 514-8556, or bye-mail at
ovw.gfmd@usdoj.gov. For payment questions, contact the Office of the Chief Financial Officer, Customer Service Center
(CSC) at (800) 458-0786, or by email at ask.ocfo@usdoj.gov.
Congratulations, and we look forward to working with you.
Sincerely,
Virginia Davis
Deputy Director for Policy Development
Enclosures
Department of Justice
Office of Justice Programs
Office for Civil Rights
Washington, D. C. 2053 J
September 23, 2010
Mr. Christopher Morrill
City of Roanoke
215 Church Avenue, SW
Room 364
Roanoke, VA 24011-0000
Dear Mr. Morrill:
Congratulations on your recent award. In establishing financial assistance programs, Congress linked the receipt of Federal funding to
compliance with Federal civil rights laws. The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice
is responsible for ensuring that recipients of financial aid from OJP, its component offices and bureaus, the Office on Violence Against
Women (OVW), and the Office of Community Oriented Policing Services (COPS) comply with applicable Federal civil rights statutes and
regulations. We at OCR are available to help you and your organization meet the civil rights requirements that come with Justice
Department funding.
Ensuring Access to Federally Assisted Programs
As you know, Federal laws prohibit recipients of financial assistance from discriminating on the basis of race, color, national origin,
religion, sex, or disability in funded programs or activities, not only in respect to employment practices but also in the delivery of services or
benefits. Federal Jaw also prohibits funded programs or activities from discriminating on the basis of age in the delivery of services or
benefits.
Providing Services to Limited English Proficiency (LEP) Individuals
In accordance with Department ofJustice Guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.C. S 2000d, recipients of
Federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited
English proficiency (LEP). For more infonnation on the civil rights responsibilities that recipients have in providing language services "to
LEP individuals, please see the website at http://www.1ep.gov.
Ensuring Equal Treatment for Faith-Based Organizations
The Department of Justice has published a regulation specifically pertaining to the funding offaith-based organizations. In general, the
regulation, Participation in Justice Department Programs by Religious Organizations; Providing for Equal Treatment of all Justice
Department Program Participants, and known as the Equal Treatment Regulation 28 C.F.R. part 38, requires State Administering Agencies
to treat these organizations the same as any other applicant or recipient. The regulation prohibits State Administering Agencies from making
award or grant administration decisions on the basis of an organization's religious character or affiliation, religious name, or the religIOUS
composition of its board of directors.
The regulation also prohibits faith-based organizations from using financial assistance from the Department of Justice to fund inherently
religious activities. While faith-based organizations can engage in non-funded inherently religious activities, they must be held separately
from the Department of Justice funded program, and customers or beneficiaries cannot be compelled to participate in them. The Equal
Treatment Regulation also makes clear that organizations participating in programs funded by the Department of Justice are not pennitted to
discriminate in the provision of services on the basis of a beneficiary's religion. For more infonnation on the regulation, please see OCR's
website at http://www.ojp.usdoj.gov/ocr/etfbo.htm.
State Administering Agencies and faith-based organizations should also note that the Safe Streets Act, as amended; the Victims of Crime
Act, as amended; and the Juvenile Justice and Delinquency Prevention Act, as amended, contain prohibitions against discrimination on the
basis of religion in employment. Despite these nondiscrimination provisions, the Justice Department has concluded that the Religious
Freedom Restoration Act (RFRA) is reasonably construed, on a case-by-case basis, to require that its funding agencies pennit faith-based
organizations applying for funding under the applicable program statutes both to receive DOJ funds and to continue considering religion
when hiring staff, even if the statute that authorizes the funding program generally forbids considering of religion in employment decisions
by grantees.
Questions about the regulation or the application of RFRA to the statutes that prohibit discrimination in employment may be directed to this
Office.
Enforcing Civil Rights Laws
All recipients of Federal financial assistance, regardless of the particular funding source, the amount of the grant award, or the number of
employees in the workforce, are subject to the prohibitions against unlawful discrimination. Accordingly, OCR investigates recipients that
are the subject of discrimination complaints from both individuals and groups. In addition, based on regulatory criteria, OCR selects a
number of recipients each year for compliance reviews, audits that require recipients to submit data showing that they are providing serVices
equitably to all segments of their service population and that. their employment practices meet equal employment opportunity standards.
Complying with the Safe Streets Act or Program Requirements
In addition to these general prohibitions, an organization which is a recipient of financial assistance subject to the nondiscrimination
provisions of the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, 42 D.S.C. S 3789d(c), or other Federal grant
program requirements, must meet two additional requirements:(l) complying with Federal regulations pertaining to the development of an
Equal Employment Opportunity Plan (EEOP), 28 C.F.R. S 42.301-.308, and (2) submitting to OCR Findings of Discrimination (see 28
C.F.R. SS 42.205(5) or 31.202(5)).
1) Meeting the EEOP Requirement
In accordance with Federal regulations, Assurance No.6 in the Standard Assurances, COPS Assurance No. 8.B, or certain Federal grant
program requirements, your organization must comply with the following EEOP reporting requirements:
If your organization has received an award for $500,000 or more and has 50 or more employees (counting both full- and part-time
employees but excluding political appointees), then it has to prepare an EEOP and submit it to OCR for review within 60 days from the
date of this letter. For assistance in developing an EEOP, please consult OCR's website at http://www.ojp.usdoj.gov/ocr/eeop.htm. You
may also request technical assistance from an EEOP specialist at OCR by dialing (202) 616-3208.
If your organization received an award between $25,000 and $500,000 and has 50 or more employees, your organization still has to prepare
an EEOP, but it does not have to submit the EEOP to OCR for review. Instead, your organization has to maintain the EEOP on file and
make it available for review on request. In addition, your organization has to complete Section B of the Certification Form and return it to
OCR. The Certification Form can be found at http://www.ojp.usdoj.gov/ocr/eeop.htm.
If your organization received an award for less than $25,000; or if your organization has less than 50 employees, regardless of the amount of
the award; or if your organization is a medical institution, educational institution, nonprofit organization or Indian tribe, then your
organization is exempt from the EEOP requirement. However, your organization must complete Section A of the Certification Form and
return it to OCR. The Certification Form can be found at http://www.ojp.usdoj.gov/ocr/eeop.htm.
2) Submitting Findings of Discrimination
In the event a Federal or State court or Federal or State administrative agency makes an adverse finding of discrimination against your
organization after a due process hearing, on the ground of race, color, religion, national origin, or sex, your organization must.submit a copy
of the finding to OCR for review.
Ensuring the Compliance of Subrecipients
If your organization makes subawards to other agencies, you are responsible for assuring that subrecipients also comply with all of the
applicable Federal civil rights laws, including the requirements pertaining to developing and submitting an EEOP, reporting Findings of
Discrimination, and providing language services to LEP persons. State agencies that make subawards must have in place standard grant
assurances and review procedures to demonstrate that they are effectively monitoring the civil rights compliance of subrecipients.
If we can assist you in any way in fulfilling your civil rights responsibilities as a recipient of Federal funding, please call OCR at (202) 307-
0690 or visit our website at http://www.ojp.usdoj.gov/ocr/.
Sincerely,
~).~
Michael L. Alston
Director
cc: Grant Manager
Financial Analyst
Department of Justice
Office on Violence Against Women
PAGE I OF 8
Cooperative Agreement
I. RECIPIENT NAME AND ADDRESS (Including Zip Code)
City of Roanoke
215 OlUrchAvenue, SW Room 364
Roanoke, VA 24011-0000
4. AWARD NUMBER: 20 I 0-CW-AX-K005
5. PROJECT PERIOD: FROM
BUDGET PERIOD: FROM
10/01/2010 TO 09/30/2013
10/01/2010 TO 09/30/2013
6. AWARD DATE 09/23/2010
7. ACTION
IA. GRANTEE IRS/VENDOR NO.
54600 I 569
8. SUPPLEMENT NUMBER
00
Initial
9. PREVIOUS A WARD AMOUNT
$0
3. PROJECT TITLE
OVW FY 10 Safe Havens: Supervised Visitation Grant Program
10. AMOUNT OF THIS AWARD
$ 350,000
11. TOTAL AWARD
$ 350,000
12. SPECIAL CONDITIONS
THE ABOVE GRANT PROJECTIS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH
ON THE A IT ACHED P AGE(S).
13. STATUTORY AUTHORITY FOR GRANT
This project is supported under 42 U.S.c. 10420 (OVW - Supervised Visitation)
15. METHOD OF PAYMENT
GPRS
AGENCY APPROVAL
16. TYPED NAME AND TITLE OF APPROVING OFFICIAL
GRANTEE ACCEPTANCE
18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL
Virginia Davis
Deputy Director for Policy Development
Christopher Morrill
City Manager
17. SIGNATURE OF APPROVING OFFICIAL
19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL
19A.DATE
AGENCY USE ONLY
20. ACCOUNTING CLASSIFICATION CODES
FISCAL FUND BUD. DIY.
YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT
21. CWI0D00027
x
A
CW
29
00
00
350000
OJP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE.
OJP FORM 4000/2 (REV. 4-88)
Department of Justice
Office on Violence Against Women
AWARD CONTINUATION
SHEET
PAGE
OF 8
Cooperative Agreement
PROJECT NUMBER 201O-CW-AX-K005
AWARD DATE
09/23/2010
SPECIAL CONDITIONS
I. The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the
Office on Violence Against Women (OVW) Financial Grants Management Guide.
2. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient is
required to submit one pursuant to 28 C.F .R. Section 42.302), that is approved by the Office for Civil Rights, is a
violation of its Certified Assurances and may result in suspension or termination of funding, until such time as the
-recipient is in compliance.
3. The recipient agrees to comply with the organizational audit requirements of OMB Circular A-133, Audit of States,
Local Governments, and Non-Profit Organizations, and further understands and agrees that funds may be withheld, or
other related requirements' may be imposed, if outstanding audit issues (if any) from OMB Circular A-133 audits (and
any other audits ofDOJ grant funds) are not satisfactory and promptly addressed as further described in the current
edition of the OVW Financial Grants Management Guide.
4. Recipient understands. and agrees that it cannot use any federal funds, either directly or indirectly, in support of the
enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government without the
express prior written approval of OVW, in order to avoid violation of 18 USC S 1913. The recipient may, however, use
federal funds to collaborate with and provide information to Federal, State, local, tribal and territorial public officials
and agencies to develop and implement policies to reduce or eliminate domestic violence, dating violence, sexual
assault, and stalking (as those terms are defined in 42 USC 13925(a)) when such collaboration and provision of
information is consistent with the activities otherwise authorized under this grant program.
5. The recipient must promptly refer to the DOJ OIG any credible evidence that a principal, employee, agent, contractor,
subgrantee, subcontractor, or other person has either I) submitted a false claim for grant funds under the False Claims
Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or
similar misconduct involving grant funds. This condition also applies to any subrecipients. Potential fraud, waste,
abuse, or misconduct should be reported to the OIG by -
mail:
Office of the Inspector General
U.S. Department of Justice
. Investigations Division
950 Pennsylvania Avenue, N.W.
Room 4706
Washington, DC 20530
e-mail: oig.hotline@usdoj.gov
hotline: (contact information in English and Spanish): (800) 869-4499
or hotline fax: (202) 616-9881
Additional information is available from the DOJ OIG website at www.usdoj.gov/oig.
6. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of any
contract or sub award to either the Association of Community Organizations for Reform Now (ACORN) or its
subsidiaries, without the express prior written approval of OVW.
OlP FORM 4000/2 (REV. 4-88)
Department of Justice
Office on Violence Against Women
AWARD CONTINUATION
SHEET
PAGE 3 OF 8
Cooperative Agreement
PROJECT NUMBER 2010-CW-AX-K005
AWARD DATE
09/23/2010
SPECIAL CONDITIONS
7. The recipient agrees to comply with any additional requirements that may be imposed during the grant performance
period if the agency determines that the recipient is a high-risk grantee. Cf. 28 C.F.R. parts 66, 70.
8. The grantee agrees to comply with all relevant statutory and regulatory requirements which may include, among other
relevant authorities, the Violence Against Women Act of 1994, P.L. 103-322, the Violence Against Women Act of
2000, P.L. 106-386, the Omnibus Crime Control and Safe Streets Act of 1968, 42 U.S.C 3711 et seq., the Violence
Against Women and Department of Justice Reauthorization Act of2005, P.L. 109-162, and OVW's implementing
regulations at 28 CFR Part 90.
9. Approval of this award does not indicate approval of any consultant rate in excess of $650 per day. A detailed
justification must be submitted to and approved by the Office on Violence Against Women prior to obligation or
expenditure of such funds.
10. The Director ofOVW, upon a finding that there has been substantial failure by the grantee to comply with applicable
laws, regulations, and/or the terms and conditions of the grant or cooperative agreement, will terminate or suspend until
the Director is satisfied that there is no longer such failure, all or part of the grant or cooperative agreement, in
accordance with the provisions of 28 CFR Part 18, as applicable mutatis mutandis.
II. The grantee agrees to submit semiannual progress reports that describe project activities during the reporting period.
Progress reports must be submitted within 30 days after the end of the reporting periods, which are January I-June 30
and July I - December 31 for the duration of the award. Future awards may be withheld if progress reports are
delinquent. Grantees are required to submit this information online, through the Grants Management System (GMS), on
the semi-annual progress report for the relevant OVW grant programs.
12. Under the Government Performance and Results Act (GPRA) and VA W A 2000, grantees are required to collect and
maintain data that measure the effectiveness of their grant-funded activities. Accordingly, the grantee agrees to submit
semi-annual electronic progress reports on program activities and program effectiveness measures. Information that
grantees must collect under GPRA and VA W A 2000 includes, but is not limited to: I) number of persons served; 2)
number of persons seeking services who could not be served; 3) number of supervised visitation and exchange centers
supported by the program; 4) number of supervised visits between parents and children; and 5) number of supervised
exchanges between parents and children.
13. A final report, which provides a summary of progress toward achieving the goals and objectives of the award,
significant results, and any products developed under the award, is due 90 days after the end of the award. The Final
Progress Report should be submitted to the Office on Violence Against Women through the Grants Management
System with the Report Type indicated as "Final".
14. The grantee agrees to comply with the applicable requirements of28 C.F.R. Part 38, the Department of Justice
regulation governing "Equal Treatment for Faith Based Organizations" (the "Equal Treatment Regulation"). The Equal
Treatment Regulation provides in part that Departmert of Justice grant awards of direct funding may not be used to
fund any inherently religious activities, such as worship, religious instruction, or proselytization. Recipients of direct
grants may still engage in inherently religious activities, but such activities must be separate in time or place from the
Department of Justice funded program, and participation in such activities by individuals receiving services from the
grantee or a sub-grantee must be voluntary. The Equal Treatment Regulation also makes clear that organizations
participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision
of services on the basis of a beneficiary's religion.
OJP FORM 4000/2 (REV. 4-88)
Department of Justice
Office on Violence Against Women
AWARD CONTINUATION
SHEET
PAGE 4 OF 8
Cooperative Agreement
PROJECT NUMBER 201O-CW-AX-K005
AWARD DATE
09/23/2010
SPECIAL CONDITIONS
IS. The recipient agrees that it will submit quarterly financial status reports to OVW on-line (at
https://grants.ojp.usdoj.gov) using the SF 425 Federal Financial Report fonn (available for viewing at
www.whitehouse.gov/omb/grants/standardJonns/fCreport.pdt), not later than 30 days after the end of each calendar
quarter. The final report shall be submitted not later than 90 days following the end of the award period.
16. Pursuant to 28 CFR 966.34, the Office on Violence Against Womery reserves a royalty-free, nonexclusive, and
irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, in whole or in part (including
in the creation of derivative works), for Federal Government purposes:
(a) any work that is subject to copyright and was developed under this award, subaward, contract or subcontract
pursuant to this award; and
(b) any work that is subject to copyright for which ownership was purchased by a recipient, subrecipient or a contractor
with support under this award.
In addition, the recipient (or subrecipient, contractor or subcontractor) must obtain advance written approval from the
Office on Violence Against Women program manager assigned to this award, and must comply with all conditions
specified by the program manager in connection with that approval before: 1) using award funds to purchase ownership
of, or a license to use, a copyrighted work; or 2) incorporating any copyrighted work, or portion thereof, into a new
work developed under this award.
It is the responsibility of the recipient (and of each subrecipient, contractor or subcontractor as applicable) to ensure
that this condition is included in any subaward, contract or subcontract under this award.
17. The grantee agrees that grant funds will not support activities that may compromise victim safety, such as: pre-trial
diversion programs not approved by OVW or the placement of offenders in such programs; mediation, couples
counseling, family counseling or any other manner of joint victim-offender counseling; mandatory counseling for
victims, penalizing victims who refuse to testifY, or promoting procedures that would require victims to seek legal
sanctions against their abusers (e.g., seek a protection order, file fonnal complaint); or the placement of perpetrators in
anger management programs.
18. All materials and publications (written, visual, or sound) resulting from award activities shall contain the following
statements: "This project was supported by Grant No. awarded by the Office on Violence
Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in
this publication/program/exhibition are those of the author(s) and do not necessarily reflect the views of the Department
of Justice, Office on Violence Against Women.
OlP FORM 4000/2 (REV. 4-88)
Department of Justice
Office on Violence Against Women
AWARD CONTINUATION
SHEET
PAGE 5 OF 8
Cooperative Agreement
PROJECT NUMBER 20JO-CW-AX-K005
AWARD DATE
09/23/2010
SPECIAL CONDITIONS
19. Within 45 days after the end of any conference, meeting, retreat, seminar, symposium, training activity, or similar event
funded under this award, and the total cost of which exceeds $20,000 in award funds, the recipient must provide the
program manager with the following information and itemized costs:
I) name of event;
2) event dates;
3) location of event;
4) number of federal attendees;
5) number of non-federal attendees;
6) costs of event space, including rooms for break-out sessions;
7) costs of audio visual services;
8) other equipment costs (e.g., computer fees, telephone fees);
9) costs of printing and distribution;
10) costs of meals provided during the event;
II) costs ofrefreshments provided during the event;
12) costs of event planner;
13) costs of event facilitators; and
14) any other direct costs associated with the event.
The recipient must also itemize and report any of the following attendee (including participants, presenters, speakers)
costs that are paid or reimbursed with cooperative agreement funds:
I) meals and incidental expenses (M&IE portion of per diem);
2) lodging;
3) transportation to/from event location (e.g., common carrier, privately owned vehicle (POV)); and
4) local transportation (e.g., rental car, POV) at event location.
Note that if any item is paid for with registration fees, or any other non-award funding, then that portion of the expense
does not need to be reported.
OJP FORM 4000/2 (REV. 4-88)
Department of Justice
Office on Violence Against Women
AWARD CONTINUATION
SHEET
PAGE 6 OF 8
Cooperative Agreement
PROJECT NU~ER 201O-CW-AX-K005
AWARD DATE
09/23/2010
SPECIAL CONDITIONS
20.' TERMS OF CO OPERA TIVE AGREEMENT
The Office on Violence Against Women (OVW) has elected to enter into a Cooperative Agreement with the City of
Roanoke and its project partners to increase available supervised visitation and safe exchange services for victims of
domestic violence, child abuse, sexual assault, teen dating violence, and stalking. This decision reflects a strong mutual
interest in increasing the safety and well-being of victims and their children during supervised visitations and safe
exchanges. The award recipient acknowledges that OVW will playa substantial role in shaping and monitoring the
project.
STATEMENT OF FEDERAL INVOLVEMENT
The Office on Violence Against Women (OVW) will:
1. Provide the services ofa Federal Program Specialist as a single point of contact for the administration of this
cooperative agreement.
2. Monitor program development and implementation, and fulfill an oversight function regarding the project.
3. Review and approve content and format of the materials produced in conjunction with this project.
4. Provide input, re-direct the project as needed, and actively monitor the project by methods including but not limited
to ongoing contact with the recipient.
5. Approve sites and dates of all project related activities.
OJP FORM 4000/2 (REV. 4-88)
Department of Justice
Office on Violence Against Women
A WARD CONTINUATION
SHEET
PAGE 7 OF 8
Cooperative Agreement
PROJECT NUMBER 2010-CW-AX-K005
AWARD DATE
09/23/2010
SPECIAL CONDITIONS
21. TERMS OF COOPERATIVE AGREEMENT
STATEMENT OF RECIPIENT RESPONSIBILITIES
The City of Roanoke will work collaboratively, in each step of the planning and implementation phases of the project,
with Total Action Against Poverty and the 23rd Judicial District Court.
Recipients will:
I. Work closely with OVW in the development and implementation of this project.
2. Ensure that a multi-disciplinary team participates in project development and implementation. The multi-
disciplinary team should include representatives from the grantee agency. the state or local court, and the domestic
violence/sexual assault agency. Representatives will participate in the consulting committee; attend meetings and
institutes, as designated by OVW; and substantially participate in the planning and implementation of visitation and
exchanges services as outlined by the grant program.
3. Identify a representative of the grantee agency to serve as project coordinator. This representative will substantially
participate in all aspects of the grant project; coordinate development and implementation activities; and attend
meetings and institutes, as designated by OVW.
4. Work cooperatively and collaboratively with OVW technical assistance provider(s) for the Supervised Visitation
Grant Program, throughout the term of this agreement.
5. Attend the New Grantee Orientation. The orientation will provide grant and financial management information,
content training, and an opportunity for exchange and coalition building among award recipients.
6. Participate in all OVW funded technical assistance opportunities related to the Supervised Visitation Grant Program,
including, but not limited to, grantee meetings, on-site technical assistance, and site visits.
7. Allocate project funds, as designated by OVW, for allowable costs to participate in OVW-sponsored technical
assistance. Funds designated for OVW-sponsored technical assistance may not be used for any other purpose without
prior approval ofOVW. Technical assistance includes, but is not limited to, peer-to-peer consultations, focus groups,
mentoring site visits, conferences and workshops conducted by OVW -designated technical assistance providers or
OVW-designated consultants and contractors.
8. Provide OVW with the agenda for any training seminars, workshops, or conferences not sponsored by OVW that
project staff proposes to attend using grant funds. The grantee must receive prior approval from OVW before using
OVW grant funds to attend any training, workshops, or conferences not sponsored by OVW. To request approval,
grantees must submit a Grant Adjustment Notice (GAN) request through the Grants Management System to OVW with
a copy of the event's brochure, curriculum and/or agenda, a description of the hosts or trainers, and an estimated
breakdown of costs. The GAN request should be submitted to OVW at least 20 days before registration for the event is
due. Approval to attend non-OVW sponsored programs will be given on a case-by-case basis.
9. Ensure that grant funds will be used to support supervised visitation and safe visitation exchange of children by and
between parents in situations involving domestic violence, child abuse, sexual assault, or stalking. The grantee may not
use grant funds to support individual counseling, family counseling, parent education, support groups or therapeutic
supervision. The grantee may not require victims to attend or utilize parent education or other program services.
OJP FORM 4000/2 (REV. 4-88)
Department of Justice
Office on Violence Against Women
AWARD CONTINUATION
SHEET
PAGE 8 OF 8
Cooperative Agreement
PROJECT NUMBER 20 I 0-CW-AX-K005
AWARD DATE
09/23/2010
SPECIAL CONDITIONS
22. TERMS OF COOPERATIVE AGREEMENT
STATEMENT OF RECIPIENT RESPONSIBILITIES (continued)
10. Ensure that grant funds will not be used to provide offsite or overnight visitation services. Offsite visitation
includes, but is not limited to, any monitored visit between a child and a non-custodial parent that occurs outside the
premises of the visitation center. Overnight visitation includes, but is not limited to, any monitored visit between a child
and a non-custodial parent that occurs outside of the normal operating hours of the visitation center.
II. Develop formal affiliations with organizations that will be able to provide services and consultation to the
programs in their work with children and parents. Accordingly, grantees must establish a consulting committee that
includes experts in the following fields: child abuse and neglect, mental health, batterer's intervention, law
enforcement, child protection services, and advocacy for victims of domestic violence, dating violence, stalking and
sexual assault.
12. Develop and implement adequate security measures, including but not limited to, adequate facilities, procedures,
and personnel capable of preventing violence, for the operation of supervised visitation programs or safe visitation
exchange. Any substantial change or revision to center facilities (including location) and/or policies and protocols must
be submitted to OVW for review and approval.
13. Ensure that if fees are charged for use of programs or services, any fees charged must be based on the income of the
individuals using the programs or services, unless otherwise provided by court order.
14. Ensure that the grant project is developed and implemented in a manner that is consistent with the Guiding
Principles of the Supervised Visitation Program. The Guiding Principles embody the statutory requirements and
objectives of the Supervised Visitation Program. They are intended to guide practice for OVW grantees. The standards
and practices included within the Guiding Principles are considered to be good practice when addressing the needs of
victims and their children. Centers funded under the Supervised Visitation Program can and are encouraged to go
beyond the practices outline within the Guiding Principles.
15. Agree not to engage in activities which compromise victim safety, including but not limited to: a) Requiring adult
victims to participate in mediation or family counseling; b) providing visitation or exchange services which do not
account for the safety of adult victims; c) requiring a court order in order to access visitation and/or exchange services;
and d) providing custody evaluations or court reports based on subjective information and opinions of center staff and
volunteers.
16. Demonstrate that each visitation/exchange center involved in a multi-jurisdictional project meets the statutory and
minimum requirements of the Supervised Visitation Grant Program. In addition, each center must operate as a separate
facility for a minimum of 20 hours per week.
23. Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg.
51225 (October I, 2009), the Department encourages recipients and subrecipients to adopt and enforce policies banning
employees from text messaging while driving any vehicle during the course of performing work funded by this grant,
and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes
caused by distracted drivers.
24. The recipient's budget is pending approval; therefore the recipient may not drawdown funds until the Office on
Violence Against Women, Grants Financial Management Division has approved the budget and budget narrative and a
Grant Adjustment Notice (GAN) has been issued to remove this special condition. Any obligations or expenditures
incurred by the recipient prior to the budget being approved are made at the recipient's own risk.
OlP FORM 4000/2 (REV. 4-88)
Department of Justice
Office on Violence Against Women
Washington, D.C 20531
Memorandum To: Official Grant File
From:
Milfnie Shiels, Attorney Advisor
Subject:
Categorical Exclusion for City of Roanoke
The Safe Havens: Supervised Visitation and Safe Exchange Grant Program (Supervised Visitation Program) was
authorized as a two-year pilot program under the Violence Against Women Act of 2000(V A W A 2000) to increase
supervised visitation and exchange options for families with a history of domestic violence, child abuse, sexual
assault or stalking. The Program was reauthorized in 2005 with the passage of the Violence Against Women and
Department of Justice Requthorization Act of 2005 (V A W A 2005). Eligible applicants for the program include
states, Indian tribal governments, and units oflocal government. By statute, projects funded under the Supervised
Visitation Program must demonstrate expertise in the area of family violence, provide a sliding fee scale for
clients, demonstrate adequate security measures, and prescribe standards and protocols by which supervised
visitation or safe exchanges will occur.
None ofthe following activities will be conducted under the OVW federal action:
1. New construction.
2. Any renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of
Historic Places or (b) located within a 100-year floodplain.
3. A renovation which will change the basic prior use of a facility or significantly change its size.
4. Research and technology whose anticipated and future application could be expected to have an effect on the
environment.
5. Implementation of a program involving the use of chemicals.
Consequently, the subject federal action meets the criteria for a categorical exclusion as contained in paragraph
4(b) of Appendix D to Part 61 of the Code of Federal Regulations (adopted by OVW at 28 CFR S 0.122(b)).
Department of Justice
Office on Violence Against Women
This project is supported under 42 U.S.c. 10420 (OVW - Supervised Visitation)
I. STAFF CONTACT (N ame & telephone number)
Michelle B. Dodge
(202) 353-7345
3a. TITLE OF THE PROGRAM
OVW FY 10 Safe Havens: Supervised Visitation Grant Program
4. TITLE OF PROJECT
OVW FY 10 Safe Havens: Supervised Visitation Grant Program
5. NAME & ADDRESS OF GRANTEE
City of Roanoke
215 Church A venue, SW Room 364
Roanoke, VA 24011-0000
7. PROGRAM PERJOD
FROM:
10/01/2010
TO: 09/30/2013
9. AMOUNT OF A WARD
S 350,000
II. SECOND YEAR'S BUDGET
13. THIRD YEAR'S BUDGET PERIOD
GRANT MANAGER'S MEMORANDUM, PT. I:
PROJECT SUMMARY
Cooperative Agreement
PROJECT NUMBER
2010-CW-AX-K005
PAGE I OF 1
2. PROJECT DlRECTOR (Name, address & telephone number)
Carol Tuning
Human Services Coordinator
312 Campbell Avenue
Roanoke, V A 24016-0000
(540) 853-1721
3b. POMS CODE (SEE INSTRUCT10NS
ON REVERSE)
6. NAME & ADRESS OF SUB GRANTEE
8. BUDGET PER10D
FROM:
I % I /20 10
TO: 09/30/2013
10. DATE OF A WARD
09/23/2010
12. SECOND YEAR'S BUDGET AMOUNT
14. TH1RD YEAR'S BUDGET AMOUNT
IS. SUMMARY DESCRIPTION OF PROJECT (See instruction on reverse)
The Safe Havens: Supervised Visitation and Safe Exchange Grant Program (Supervised Visitation Program) was authorized as a two year pilot program under the
Violence Against Women Act of2000 to increase supervised visitation and exchange options for families with a history of domestic violence, child abuse, sexual
assault or stalking. The Program was reauthorized in 2005 with the passage of the Violence Against Women Act 2005. Eligible applicants for the program inelude
states, Indian tribal governments, and units of local government. By statute, projects funded under the Supervised Visitation Program must demonstrate expertise in
the area of family violence, provide a sliding fee scale for clients, demonstrate adequate security measures, and prescribe standards and protocols by which
supervised visitation or safe exchanges will occur.
OJP FORM 4000/2 (REV. 4-88)
The City of Roanoke and its collaborative partners, Total Action Against Poverty and the 23rd Judicial District Court, will use this 36 month award to strengthen
and enhance existing program services at Sabrina's Place located in Roanoke County, Virginia. Funding from this FY 2010 cooperative agreement will enable the
collaborative to: 1) increase center bours; 2) maintain current stafflevels; 3) provide training for center staff; 4) increase offender accountability; and 5) strengthen
current case management services. The City of Roanoke will serve as the fiscal and implementing agency for this project.
CAlNCF
AGREEMENT
This Agreement is made and entered into this 1 st day of November, 2010, by
and between the City of Roanoke, Virginia (a municipal corporation organized
under the laws of the Commonwealth of Virginia) ("City") and Total Action
Against Poverty in the Roanoke Valley, Inc. ("TAP"),
WITNESSETH:
WHEREAS, in September 2010, the City and TAP were awarded a continuation
grant from The Safe Havens Supervised Visitation and Safe Exchange Grant
Program ("Grant")" from the United States Department of Justice, Office on
Violence Against Women,
WHEREAS, the Grant requires it's funding to be administered through the City.
WHEREAS, the purpose of the Grant is to increase supervised visitation and
exchange options for families with a history of domestic violence, child abuse,
sexual assault or stalking,
WHEREAS, the Grant will allow the City, in collaboration with TAP,' to improve
the variety and accessibility of supervised visitation and exchange services for
victims of domestic violence, sexual assault, and stalking and their children and
to provide the opportunity for Grant recipients to develop and strengthen
effective responses to violence against women, and
WHEREAS, the City has been authorized Council pursuant to
8esQI~tidri~0:~8gg:2:$1dt.Q.~9~ adopted to accept the Grant
and to appropriate $350,000 for TAP to provide services in connection with the
. Grant.
NOW, THEREFORE, in consideration of the covenants and conditions contained
herein, the parties hereto mutually agree as follows:
1. SCOPE OF SERVICES:
TAP acknowledges and agrees that in addition to meeting all goals and
objectives as outlined in the project proposal, TAP shall:
a) Provide co-leadership with the City of Roanoke for the administration
and management of the program.
b) Provide direct program management and supervisory oversight of
ongoing operation of the program.
c) Provide fiscal, service and program utilization data to City of Roanoke
as needed for fiscal and programmatic accountability.
d) Provide and accept referrals, case information, ongoing case
developments and confidentiality agreements as necessary for
program operation.
e) Promote program availability and services throughout the human
service, legal, health and educational communities, and spearhead
public education campaigns through media contacts.
f) Promote, participate and attend partner activities, including case
staffing meetings, fiscal management, program services and other
training opportunities as available.
g) Provide supplementary referrals and facilitate parent's participation in
TAP's wide array of supplementary services, particularly emphasizing
the Women's Resource Center's complete array of victim advocacy
services and resources, but also including additional powerful allies
such as the Transitional Living Center's supportive casework and
housing, This Valley Works education and job placement programs,
Families First case management and support, the supportive casework
available through our Healthy Parents/Healthy Families program,
Housing and Community Development programs, and many others.
2. PERIOD OF PERFORMANCE
The term of this Agreement shall be for the period October 1, 2010 through
September 30, 2013.
3. BUDGET
The total amount of funds to be provided by the City to TAP shall not
exceed $350,000. Only those categories as approved in the Grant
referenced as 201 0-CW-AX-K005, attached to this Agreement as Exhibit A
and incorporated herein, shall be reimbursed to TAp by City.
4. PAYMENT SCHEDULE AND PROCEDURES
On a monthly basis, the City will pay TAP subject to the terms of this
Agreement for the services provided. Monthly payments will each be made
subject to the terms of this Agreement within thirty (30) days of receipt of the
payment request. Requests for payment from TAP must be accompanied by
the approved performance report. Objectives and Quarterly Outcomes must
be completed for each appropriate reporting period. Documentation
regarding participant eligibility, program activities, and quantified outcomes
will be maintained at the offices of each of the TAP programs included
herein, and shall be available for inspection and review at the City's
convenience. Payment requests, reports and other information must be
submitted to Carol Tuning, Human Services Coordinator, for initial review.
TAP shall submit requests, reports, and other information in accordance with
guidelines as established in the grant award notification.
Approval for payment will be made by the City's Director of Human/Social
Services with the assistance of other City Departments. If in the opinion of
the City's Director of Human/Social Services, all performance measures are
being met and all the information and reports submitted by TAP meet with
the approval of the City's Director of Human/Social Services, payment for all
reporting periods will be made to TAP within 30 working days, from the date
the City receives the payment request.
The City reserves the right to refuse payment to TAP in the event that the
Director of Human/Social Services is not satisfied that TAP has met the
performance measures or provided the appropriate information or reports.
The City reserves the right to refuse payment to TAP in the event that TAP
submits the request for payment after 90 calendar days from September 30,
2013, the contract expiration date. .
5. INDEMNIFICATION:
TAP shall indemnify and hold harmless the City, its officers, agents,
consultants and employees, against any and all loss, cost, or expense,
including reasonable attorney's fees and costs of defense, resulting from any
claim, whether or not reduced to a judgment, and for any liability of any
nature whatsoever, that may arise out of or result from TAP's intentional or
negligent acts or omissions in providing the services under this Agreement,
including without limitation, fines and penalties, violation of federal, state or
local laws, or regulations promulgated thereunder, personal injury, wrongful
death or property damage claims or any third party contracts that TAP may
enter into in the performance of this Agreement.
6. COMPLIANCE WITH LAWS, RULES AND REGULATIONS:
TAP agrees to abide by and comply with all applicable federal, state and
local laws, rules and regulations relating to specific programs performed
hereunder. The City reserves the right to withhold payment if TAP fails to
comply with the terms and procedures outlined in this agreement.
7. RECORDS AND REPORTS
TAP shall maintain full and accurate records with respect to all matters
covered under this Agreement. All records pertaining to this Agreement and
the services performed pursuant to it shall be retained for a period of three
(3) years after the expiration date of the. Agreement or its amendments.
Appropriate City personnel shall have free and open access to those records
during the term of the Agreement and the following three-year time period.
8. CLIENT DATA
TAP shall maintain client data as outlined in the program guidelines,
demonstrating client eligibility for services provided. Such data shall include
but not be limited to, client name, address, income level or other basis for
determining eligibility, and description of services' provided. Unless
otherwise provided by applicable federal, state or local law, such information
shall be made available to the Director of Human Services or her designee
for review upon request. '
9. NON-DISCRIMINATION:
During the performance of this agreement, TAP agrees to not discriminate
against any client, applicant for service, subcontractor, employee, or
applicant for employment because of race, religion, color, sex, or national
origin. TAP agrees to post in conspicuous places, notice of setting forth the
provisions of this non-discrimination clause. TAP, in all solicitations or
advertisements for employees placed by or on behalf of TAP, will state that
TAP is an equal opportunity employer.
10. SECTION 504
TAP agrees to comply with any federal regulation issued pursuant to
compliance with the Section 504 of the Rehabilitation Act of 1973, as
amended, which prohibit discrimination against the disabled.
11. RELIGIOUS AND POLITICAL ACTIVITIES
TAP agrees that the funds provided under this Agreement will not be
utilized for religious activities, to promote religious interests, or for the
benefit of a religious organization in accordance with the federal
regulations specified in 24 CFR 570.200(j).
TAP agrees that no funds provided pursuant to this Agreement shall be
used to pay, lend, or to allow anything of value to be contributed to a
party, committee, organization, agency, or person for political purposes.
TAP further agrees that no funds provided pursuant to this Agreement
shall be used directly or indirectly to coerce, attempt to coerce, command
or advise any person, party, committee, organization, or agency to pay,
lend, or contribute anything of value to a party, committee, organization,
agency or person for political purposes.
12. FORMAL PROCESS FOR TERMINATION OF SERVICES:
If it is necessary for TAP to terminate service to any individual or family
because such individual or. family violates program requirements, TAP
may terminate assistance in accordance with a formal process established
by TAP, and satisfactory to the City, that recognizes the rights of the
individuals affected. This process may include a hearing.
13. CONFIDENTIALITY OF CLIENTS
TAP acknowledges and agrees that it will establish procedures
satisfactory to the City which ensure the confidentiality of clients and client
data as required by federal, state and local laws, policies and procedures.
14. SUSPENSION AND TERMINATION:
This Agreement may be terminated or suspended for any reason by the
City or TAP upon thirty (30) days written notification to the other party,
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 services provided or expenses incurred after TAP'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.
In the event that sufficient funds are not appropriated by the local, state or
federal government, at the sole discretion of the City, this agreement may
be terminated in whole or in part by City.
15. REVERSION OF ASSETS
Upon expiration of this Agreement, or amendments thereto, TAP shall
transfer to the City any funds or program income on hand at the time of
expiration and any accounts receivable attributable to the use of funds
provided by the City. "Program income" means gross income received by
TAP directly generated by the use of City funds.
16. ANNUAL AUDIT AND MONITORING:
TAP shall provide for an annual independent audit of all expenditures
incurred in providing the services pursuant to this Agreement. Copies of
said audit report shall be furnished to the City's Director of Human/Social
Services and Director of Finance within thirty (30) days of completion of
the audit, no later than eight month following the year-end.
17. THIRD PARTY CONTRACTS:
TAP acknowledges and agrees that if it contracts with a third party in the
provision of services under this Agreement, it shall not obligate City in
many towards such third party and in the event such third party brings any
claim against City arising out of such contract, TAP shall indemnify and
Hold harmless City against such claim as further provided by this
Agreement.
18. NOTICES: Any notices required by the terms of this Agreement shall be
deemed to have been given when delivered in person to or deposited in
the U.S. mail, postage pre-paid, registered or certified, return receipt
requested, and addressed to:
(a) If to the City:
Christopher P. Morrill. City ManaQer
City of Roanoke
Municipal Building
215 Church Avenue, S.W.
Roanoke, Virginia 24011
(b) If to TAP:
Theodore Edlich. President
145 Campbell Avenue
Roanoke, Virginia 24011
or at any such other address as each party may designate for itself by
notice given in accordance with this Section.
19. ENTIRE AGREEMENT:
This Agreement, including all of its attachments, 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.
20. GOVERNING LAW:
This Agreement shall be governed by laws of the Commonwealth of Virginia
and both parties submi~ themselves to a court. of competent jurisdiction in
the City of Roanoke, Virginia.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the day and year hereinabove written:
ATTEST:
By
Stephanie Moon, City Clerk
CITY OF ROANOKE:
By
Christopher P. Morrill, City Manager
TOTAL ACTION AGAINST
POVERTY IN THE ROANOKE
VALLEY:
By
Theodore J. Edlich, III, President
Exhibit "A"
Office of Justice Programs Office of the Chief Financial
Department of Justice
Washington, D.C. 20531
September 22, 2008
Ms. Darlene Burcham
City of Roanoke
215 Church Avenue, SW
Room 364 Roanoke, VA 24011 -1520
Reference Grant Number: 2008-CW-AX-0013
Dear Ms. Burcham:
I am pleased to inform you that my office has approved the following budget categories for the aforementioned grant
award in the cost categories identified below:
Category
Budget
Personnel
Fringe Benefits
Travel
Equipment
Supplies
Construction
Contractual
Other
Total Direct Cost
Indirect Cost
Total Project Cost
$0
$0
$24,340
$0
$0
$0
$275,660
$0
$300,000
$0
$300,000
$300,000
$0 Program Income: $0
Federal Funds Approved:
Non-Federal Share:
Match is not required for this grant program. All Sole Source procurement in excess of $100,000 requires
writtenjustification and the prior approval ofOVW
If you have questions regarding this award, please contact:
-Program Questions, Michelle B. Dodge, Program Manager at (202) 353-7345
-Financial Questions, the Office of Chief Financial Officer, Customer Service Center (CSC)l at (800) 458-0786,
or you may contact the CSC at ask.ocfo@usdoj.gov
Congratulations, and we look forward to working with you.
Sincerely,
0;[
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 1st day of November, 2010.
No. 38992-110110.
A RESOLUTION accepting the Western Virginia Workforce Development Board Workforce
Investment Act grant in the amount of$30,000, and authorizing the City Manager to execute the
requisite documents necessary to accept the funding.
l
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The Western Virginia Workforce Development Board Workforce Investment Act
grant in the amount of $30,000, with no local match from the City, to be used for Regional
Cooperation during the period of July 1, 2010 through June 30, 2011, for the purpose of
administering the Workforce Investment Act (WlA) Programs for certain WlA client populations, as
more particularly set out in the City Manager's Report dated November 1, 2010, to City Council, is
hereby ACCEPTED.
2. The City Manager is authorized to execute and file, on behalf of the City, any
documents required to accept such grant, in a form approved by the City Attorney.
3. The City Manager is further directed to furnish such additional information as may be
required in connection with the acceptance ofthe foregoing grant.
ATTEST:
9rfttQ~ 0,. hlb~
City Clerk. L
,Y
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 1st day of November, 2010.
No. 38993-110110.
AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for
the Workforce Investment Act FY11 Regional Cooperation 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
Local Mileage
Business Meals and Travel
Marketing
Supplies
Contract Services
Revenues
WIA Regional Cooperation FY11
35-633-2377 -2046
35-633-2377 -2144
35-633-2377 -8053
35-633-2377 -8055
35-633-2377 -8057
35-633-2377 -2377
$ 500
1,500
5,500
7,500
15,000
30,000
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
gJ~ fr;. hJo~
City Clerk.. [
CITY COUNCIL AGENDA REPORT
To:
Meeting:
Subject:
Honorable Mayor and Members of City Council
November 1, 2010
Funding for Western Virginia Workforce Development Board
Workforce Investment Act (WIA) Programs- Regional
Cooperation Grant
Background:
The City of Roanoke is the grant recipient for Workforce Investment Act (WIA)
funding, thus, City Council must appropriate the funding for all grants and
other monies received in order for the Western Virginia Workforce Development
Board to administer WIA programs. The Western Virginia Workforce
Development Board administers the federally funded Workforce Investment Act
(WIA) for Area 3, which encompasses the counties of Alleghany, Botetourt,
Craig, Franklin and Roanoke, and the cities of Covington, Roanoke, and Salem.
WIA funding is for four primary client populations:
. Dislocated workers who have been laid off from employment through no
fault of their own;
. Economically disadvantaged individuals as determined by household
income guidelines defined by the U.S. Department of labor;
. Youth who are economically disadvantaged, or who have other barriers to
becoming successfully employed adults; and
. Businesses in need of employment and job training services.
The Western Virginia Workforce Development Board has received a Notice of
Obligation (NOO), from the Virginia Community College System, allocating
$30,000 Regional Cooperation for July 1,2010 toJune 30, 2011.
This competitively awarded grant from the Virginia workforce Council will be
used to develop and implement a program to increase enrollment in the
Virginia Department of labor and Industry's Registered Apprenticeship
program.
Considerations:
· Program Operations - Existing activities will continue and planned
programs will be implemented.
· Funding - Funds are available from the Grantor agency and other sources
as indicated, at no additional cost to the City.
Recommended Action:
Accept the Western Virginia Workforce Development Board Workforce
Investment Act funding of $30,000 for July 1, 2010 to June 30, 2011. In
addition, adopt the accompanying budget ordinance to establish a revenue
estimate in the amount of $30,000 and to appropriate the funding for
Marketing $5,500, Supplies $7,500, Contract Service $15,000, Local Mileage
$ 500, Business Meals and Travel $1 ,500 in accou nts to be established in the
Grant Fund by the Director of Finance.
CHRISTOPHER P. MORRILL
City Manager
Distribution:
Council Appointed Officers
Assistant City Manager for Community Development
Director of Human/Social Services
2
D~C
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 1st day of November, 2010.
No. 38994-110110.
A RESOLUTION accepting the Western Virginia Workforce Development Board Workforce
I
Investment Act grant in the amount of$lO,OOO, and authorizing the City Manager to execute the
requisite documents necessary to accept the funding._
BE IT RESOLVED by the CouncJl of the City of Roanoke as follows:
1. The Western Virginia Workforce Development Board Workforce Investment Act
grant in the amount of $10,000, with no local match from the City, to be used for Exemplary
Performance during the period of July 1, 2010 through June 30, 2011, for the purpose of
administering the Workforce Investment Act (WI A) Programs for certain WIA client populations, as
more particularly set out in the City Manager's Report dated November 1, 201 0, to City Council, is
hereby ACCEPTED.
2. The City Manager is authorized to execute and :file, on behalf of the City, any
\.
documents required to accept such grant, in a form approved by the City Attorney.
3. The City Manager is further directed to furnish such additional information as may be
required in connection with the acceptance ofthe foregoing grant.
ATTEST:
W~hj:h10lt>V
City Clerk. ~
(
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 1st day of November, 2010.
No. 38995-110110.
AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for
the Workforce Investment Act FY11 Exemplary Performance 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
Local Mileage
Business Meals and Travel
Marketing
Supplies
Equipment
Revenues
WIA Exemplary Performance FY11
35-633-2376-2046
35-633-2376-2144
35-633-2376-8053
35-633-2376-8055
35-633-2376-8059
$ 500
500
4,000
4,000
1,000
35-633-2376-2376
10,000
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
~ ~ DrJ- Drho--v
City Clerk. [
CITY COUNCIL AGENDA REPORT
To:
Meeting:
Su bject:
Honorable Mayor and Members of City Council
November 1, 2010
Funding for Western Virginia Workforce Development Board
Workforce Investment Act (WIA) Programs- Exemplary Performance
Grant .
Backg rou nd:
The City of Roanoke is the grant recipient for Workforce Investment Act (WIA)
funding, thus, City Council must a'ppropriate the funding for all grants and
other monies received in order for the Western Virginia Workforce Development
Board to administer WIA programs. The Western Virginia Workforce
Development Board administers the federally funded Workforce Investment Act
(WIA) for Area 3, which encompasses the counties of Alleghany, Botetourt,
Craig, Franklin and Roanoke, and the cities of Covington, Roanoke, and Salem.
WIA funding is for four primary client populations:
· Dislocated workers who have been laid off from employment through no
fault of their own;
· Economically disadvantaged individuals as determined by household
income guidelines defined by the U.S. Department of Labor;
· Youth who are economically disadvantaged, or who have other barriers to
becoming successfully employed adults; and
· Businesses in need of employment and job training services.
The Western Virginia Workforce Development Board has received a Notice of
Obligation (NOO), from the Virginia Community College System, allocating
$10,000 for Exemplary Performance for July 1,2010 toJune 30, 2011. .
This grant, awarded by the Virginia Workforce Council, recognizes the Board's
excellent performance in meeting federal program measures and will be used to
fund youth and other program activities.
Considerations:
· Program Operations - Existing activities will continue and planned
programs will be implemented.
· Funding - Funds are available from the Grantor agency and other sources
as indicated, at no additional cost to the City.
Recommended Action:
Accept the Western Virginia Workforce Development Board Workforce
Investment Act funding of $10,000 for July 1, 2010 to June 30, 2011. In
addition, adopt the accompanying budget ordinance to establish a revenue
estimate in the amount of $10,000 and to appropriate the funding for
Marketing $4,000, Supplies $4,000, Equipment $1,000, Local Mileage $500,
Business Meals and Travel $500 in accounts to be established in the Grant Fund
by the Dir ctor of Finance. .
CHRISTOPHER P. MORRILL
City Manager
Distribution:
Council Appointed Officers
Assistant City Manager for Community Development
Director of Human/Social Services
2
.--(
9\~\lO
\ 0 '\
"--
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 1st day of November, 2010.
No. 38996-110110.
A RESOLUTION authorizing the appropriate City officials to execute, upon certain
terms and conditions, Amendment No.2 to the FY 2009 Community Development Block Grant
("CDBG") and HOME Investment Partnerships Program ("HOME") Subgrant Agreement with
Total Action Against Poverty in Roanoke Valley ("TAP") for housing activities in the City's
Hurt Park neighborhood.
WHEREAS, by Resolutions Nos. 38212~090208 and 38642-111609, the Council of the
City of Roanoke, Virginia, ("Council") approved, respectively, the execution of a Subgrant
Agreement with TAP and Amendment No. 1 for housing activities in the City's Hurt Park
neighborhood;
WHEREAS, by Resolution No. 38808-051010, Council approved the City's 2010-2015
Consolidated Plan for submission to the U.S. Department of Housing and Urban Development,
including additional CDBG and HOME funding for TAP's activities; and
WHEREAS, by Resolution No. 38845-062110 and by Budget Ordinance No.
38846-062110, Council accepted and appropriated the 2010-2011 CDBG and HOME funds.
THEREFORE, BE IT RESOLVED by Council that the City Manager, and the City Clerk,
are nereby authorized to execute and attest, respectively, on behalf of the City, Amendment No.
2to the FY 2009 CDBG and HOME Subgrant Agreement with TAP, approved as to form by the
r
City Attorney, within the limits of funds and for the purposes as are more particularly set forth in
the City Manager's report dated November 1,2010, to this Council.
ATTEST:
~'n)'ffYlD~
City Clerk. - C
R-CDBG- TAP-Home Fund-Amend2.doc
CITY COUNCIL AGENDA REPORT
To:
Meeting:
Subject:
Honorable Mayor and Members of City Council
November 1, 2010
Amendment 2 to the FY 09 CDBG- and HOME-funded Agreement with
Total Action Against Poverty in Roanoke Valley (TAP)
Background:
The City began targeted neighborhood revitalization activities in Hurt Park in FY
2008. In FY 2009, the City undertook single-family housing development .in the
neighborhood through a collaborative planning effort with the community's public
and nonprofit housing agencies. TAP is one of the housing agencies engaged in
this effort and has an agreement with the City to build or rehabilitate 8 single-
family homes to be sold to income-eligible buyers and repair 40 owner- or tenant-
occupied homes, for which the agreement provides $1,177,480 in Community
Development Block Grant (CDBG) and HOME Investment Partnerships Program
(HOME) funds. TAP has committed over $372,000 in cash and/or in-kind
contributions toward the development of these homes. The City's HUD plan for
FY2011 provides an additional $398,681 in CDBG and HOME funds to TAP for 2
more single-family homes to be built or rehabilitated for sale and repairs to 20
additional owner- or tenant-occupied homes, toward which TAP has committed
$84,000 in additional cash and/or in-kind contributions.
Considerations:
The $398,681 in additional CDBG and HOME funds for TAP's activities were
authorized by City Council through Resolution No. 38808-051010, which approved
the City's 2010-2015 Consolidated Plan. The action sought by this report will
provide these funds by amending TAP's FY 2009 agreement. The agreement
currently calls for completing all homes by June 30, 2011. An extension to June
30, 2012, is included as part of this Amendment No.2 in order to allow time for
the additional housing development.
Recommended Action:
Authorize the City Manager to execute Amendment No. 2 to the FY 2009
CDBG/HOME Agreement with TAP, similar in form and content to the draft attached
t i po, and approved as to form by the City Attorney.
RISTOPHER P. MORRILL
City Manage r
Distribution: Council Appointed Officers
R. Brian Townsend, Asst. City Manager for Community Development
Thomas N. Carr, Director of Planning, Building & Development
Frank E. Baratta, Budget Team Leader
AMENDMENT No.2
This Amendment No.2 is made and entered into as of November 1,2010 by and between the City of Roanoke
(Grantee) and Total Action Against Poverty in Roanoke Valley, Inc. ("Subgrantee").
WIT N E SSE T H:
WHEREAS, by Resolution No. 38212-090208 and Resolution No. 38642-111609, respectively, the Council of
the City of Roanoke, Virginia, ("Council") approved the execution ofa Subgrant Agreement ("Agreement") and
Amendment No.1 to the Agreement between the Grantee and the Subgrantee; and
WHEREAS, by Resolution No. 38808-051010, Council approved the 2010-2015 Consolidated Plan for
submission to the U.S. Department of Housing and Urban Development ("HUD"), including the 2010-2011
Action Plan, which incorporates additional funding for the Subgrantee's Hurt Park housing activities to be
assisted with Community Development Block Grant ("CDBG") and HOME Investment Partnerships Program
("HOME") funds; and
WHEREAS, by Resolution No. -110110, Council approved the execution of Amendment No.2 to the
Agreement between the Grantee and the Subgrantee; and
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. Section 1., "SCOPE OF SERVICES," subsection c., "Performance Expectations," subpart (2), "Specific
Quantifiable Objectives," shall be revised to increase the number of homebuyer units developed and
increase the number of owner- or tenant-occupied units to be rehabilitated, and shall now read:
* * * * *
(2) Specific Quantifiable Objectives:
· By June 30, 2012, the Subgrantee shall complete the development of at least ten (10) single-
family homes and their sale to eligible homebuyers.
· By June 30,2012, the Subgrantee shall complete the limited rehab of at least sixty (60) owner- or
tenant-occupied units.
* * * * *
2. Section 1., "SCOPE OF SERVICES," subsection f, "Period ofthis Agreement," shall be revised to extend
the end date ofthe Agreement and shall now read:
* * * * *
f Period ofthis Agreement - This Agreement shall be effective as ofJuly 1, 2008, and, unless amended,
shall end June 30,2012.
* * * * *
Page 1 of4
3. Section 1., "SCOPE OF SERVICES," subsectionj., "Subgrantee Investment," shall be revised to increase
. the amount of such investment and shall now read:
* * * * *
J. Subgrantee Investment - In consideration ofthe in-kind or cash resources that the Subgrantee, as part
of the Partnership proposals to the Grantee, indicated would be made available to the project, it is
understood that the value ofthis investment in the project by the Subgrantee from such other resources
shall be $456,859.
* * * * *
4. Section 9. , "ANNUAL A UD IT," shall be revised to clarifY audit requirements applicable to the Subgrantee
to conform with federal OMB Circular A-133, and shall now read:
* * * * *
9. ANNUALAUDIT
Pursuant to City 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. In addition, as
an entity expending more than $500,000 in federal funding in a fiscal year, the Subgrantee is required to
undergo an annual independent audit conforming to the requirements of federal 0 MB Circular A -133.
To the extent permitted by the budget ofthis Agreement, the increase in the Subgrantee's audit costs
attributable to this requirement are allowable costs under this Agreement. The independent audit
required for federal purposes satisfies both the Council and federal requirements. A copy of the
required audit is due to the Grantee within 30 days of receipt from the auditor, or 9 months after the
end ofthe fiscal year audited, whichever occurs earlier.
* * * * *
5. Section 11., "OTHER PROGRAM/PROJECT REQUIREMENTS," subsection a., "Maximum per-unit
subsidy amount and subsidy layering," shall be revised to conform with increased subsidy amounts issued
by HUD, and shall now read:
* * * * *
a. Maximum per-unit subsidy amount and subsidy layering - The total amount of HOME funds invested
shall under no circumstances exceed $139,543 for a one-bedroom unit, $169,684 for a two-bedroom
unit, $219,516 for a three-bedroom umt, and $240,962 for a unit with four or more bedrooms.
However, as set forth in section l.h., it is expected that the Subgrantee shall contribute the indicated
minimum investment to the development ofthe properties provided for under this Agreement, which
shall reduce the amount of HOME assistance per unit. Further, in accordance with 24 CFR 92.250,
HOME funds invested in combination with other governmental assistance shall not exceed the amount
necessary to provide affordable housing.
* * * * *
Page 2 of4
6. The CDBG and HOME funding made available by the Grantee under this Agreement shall be increased by
$398,681.00to a total of$1,576,161, in accordance with the revised Attachment A, "200812009 TAP
Hurt Park Agreement Financial Accounts,:' included with this Amendment No.2.
The Agreement, dated July 1, 2008, and Amendment No.1, dated November 16, 2009, shall remain unchanged
in all other terms and provisions.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No.2 as of the day and year
hereinabove written:
ATTEST: FOR THE GRANTEE:
By By
Stephanie M. Moon, City Clerk Christopher P. Morrill, City Manager
ATTEST: FOR THE SUBGRANTEE:
By By
Lora Brown, Assistant to the President Theodore J. Edlich, III, President
APPROVED AS TO CDBG/HOME ELIGIBILITY APPROVED AS TO FORM
Dept. of Planning, Building and Development Assistant City Attorney
APPROPRIATION AND FUNDS REQUIRED
APPROVED AS TO EXECUTION FOR THIS CONTRACT CERTIFIED
Assistant City Attorney Director of Finance
Date
Account #
(See Attachment A)
Page 3 of4
Attachment A
2008-2009 TAP Hurt Park Agreement
Financial Accounts
Delivery
Funds Account No. Description Project Funds. Funds Total
Activity: Limited Owner-Occupied Rehabilitation
CDBG 35-G09-0920-5534 TAP Hurt Park Owner-Occupied Rehab $121,592 $121,592
CDBG 35-G09-0920-5535 TAP Hurt Park Owner-Occupied Rehab $40,531 $40,531
CDBG 35-G 10-1020-5534 TAP Hurt Park Owner-Occupied Rehab $134,626 $134,626
CDBG 35-G 10-1020-5535 TAP Hurt Park Owner-Occupied Rehab $39,529 $39,529
CDBG 35-GlI-1119-5534 TAP Hurt Park Owner-Occupied Rehab $134,626 $134,626
CDBG 35-GII-1119-5535 TAP Hurt Park Owner-Occupied Rehab $39,529 $39.529
CDBG Subtotal $390,844 $119,589 $510,433
Activity: Development of Homebuyer Housing
CDBG 35-G09-0920-5530 TAP Hurt Park Homeownership $60,700 $60,700
CDBG 35-Gl 0-1 020-5530 TAP Hurt Park Homeownership $63,218 $63,218
CDBG 35-GI I-I I 19-5530 TAP Hurt Park Homeownership $25,000 $25,000
HOME 35-090-5366-5530 TAP Hurt Park Homeownership $140,464 $140,464
HOME 35-090-5368-5530 TAP Hurt Park Homeownership $206,812 $206,812
HOME 35-090-5370-5530 TAP Hurt Park Homeownership $80,510 $80,510
HOME 35-090-5375-5530 TAP Hurt Park Homeownership $74,669 $74,669
HOME 35-090-5309-5548 TAP HP Homeownership (CHDO) $9,000 $9,000
HOME 35-090-5364-5548 TAP HP Homeownership (CHDO) $53,445 $53,445
HOME 35-090-5368-5548 TAP HP Homeownership (CHDO) $112,924 $112,924
HOME 35-090-5370-5548 TAP HP Homeownership (CHDO) $114,129 $114,129
HOME 35-090-5375-5548 TAP HP Homeownership (CHDO) $124.857 $124.857
CDBG, HOME & HOME/CHDO Subtotal $1,065,728 $1,065,728
Total CDBG and HOME (inc1. CHDO) $1,456,572 $119,589 $1,576,161
Page 4 of4
~~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 1st day of November, 2010.
No. 38997-110110.
AN ORDINANCE to appropriate funding from the Department of Technology
Retained Earnings to various Department of Technology projects, amending and re-
ordaining certain sections of the 2010-2011 Department of Technology Fund
Appropriations, and dispensing with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain sections of
the 2010-2011 Department of Technology Fund Appropriations be, and the same are
hereby, amended and reordained to read and provide as follows:
Appropriations
Appropriated from General Revenue
Appropriated from General Revenue
Appropriated from General Revenue
Fund Balance
Retained Earnings - Available
Reserve - Future Telephone
Replacement
13-430-9828-9003
13-430-9845-9003
13-430-9854-9003
$ 25,000
50,000
50,000
13-3348
( 100,000 )
( 25,000)
13-3368
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
~m.~t>~
City Clerk. ~
CITY COUNCIL AGENDA REPORT
To:
Meeting:
Subject:
Honorable Mayor and Members of City Council
November 1, 2010
Department of Technology Retained Earnings for Technology Projects
Background:
The Information Technology Committee (lITC'), the Department of Technology's
steering committee, is comprised of members representing. twelve (1 i) City
departments. On October 13th the ITC heard request by the Department of
Technology regarding the need for funding for three (3) information techr;iology
initiatives.
Funds of $25,000 have been requested for research and consulting services for
evaluation of the City's telecommunications strategies. The City's Personal
Computer Replacement Program and funding for DoT's strategy to enable remote
access to the City's network for all City staff via their own personal computer,
regardless of make or model, will, at a cost of $100,000, be vital to the City's
efficiency and effe"ctive operations.
Considerations:
Funding for the PC replacement program and for the remote access project is
available in the Technology Fund Retained Earnings account (13-3348).
Funding for the evaluation of the City's telecommunications strategies is available
from the Reserve for Telephone Replacement account (13-3368).
Recommended Action:
Adopt the accompanying budget ordinance to appropriate the funding as follows
from Department of Technology Fund Retained Earnings:
$25,000
$50,000
13-430-9828-9003 - Telecommunications Research Consulting
CHRISTOPHER P. MORRILL
City Manage r
Distribution: Council Appointed Officers
Sherman Stovall, Assistant City Manager
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
November 3, 2010
CECELIA T. WEBB
Assistant Deputy City Clerk
The Honorable Bob McDonnell
Patrick Henry Building, 3rd Floor
1111 East Broad Street
Richmond, Virginia 23219
The HonorableOnzlee Ware
Member, House of Delegates
P. O. Box 1745
Roanoke, Virginia 24018
The Honorable John S. Edwards
Member, House of Senate
P. O. Box 1179
Roanoke, Virginia 24006-1179
The Honorable H. Cleaveland
Member, House of Delegates
40 British Woods Drive
Roanoke, Virginia 24019
Dear Governor McDonnell and Members of the General Assembly:
I am enclosing copy of Resolution No. 38998-110110 requesting that the Governor and
General Assembly take action to prevent exploitative payday lending practices in the
Commonwealth of Virginia.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, November 1,2010.
Sincerely,
~hJ_~
Stephanie M. Moon, CMC
City Clerk
SMM:ctw
Enclosure
pc: Deborah Lane, Clerk of Council, City of Staunton, P. O. Box 58, Staunton,
Virginia 24402-0058
Christopher P. Morrill, City Manager
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
~Vi
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 1st day of November, 2010.
No. 38998~110110.
A RESOLUTION requesting that the Governor and General Assembly take action to prevent
exploitative payday lending practices in the Commonwealth of Virginia.
WHEREAS, Council senses from the citizens ofthe City significant concern over what are
perceived to be exploitative payday lending practices in the City and elsewhere in the
Commonwealth;
WHEREAS, Council shares these concerns and wishes to request that the General Assembly
and the Governor of Virginia take action to prevent such exploitative payday lending practices; and
WHEREAS, it is vital that the General Assembly and the Governor of Virginia give their
"
earnest attention to these matters at the next regUlar session ofthe General Assembly and enact laws
that will prevent exploitative payday lending practices.
,
THEREFORE, BE IT RESOLVED by the Council ofthe City of Roanoke that the General
Assembly and the Governor ofthe Commonwealth of Virginia are requested to take action during the
next regular session of the General Assembly of Virginia to enact laws that:
1. Will prevent exploitative payday lending practices, such as charging rates in excess of
/
36% APR for consumer loans.
2. Incorporate into the Code of Virginia the same prohibitions regarding consumer
credit to military personnel as are contained in the Military Lending Act, 10 United States Code,
Section 987.
ATTEST:
~'r0.
City Clerk. ~
CITY OF ROANOKE
OFFICE OF CITY ATIORNEY
464 MUNICIPAL BUILDING
215 CHURCH AVENUE, SW
ROANOKE, VIRGINIA 24011-1595
WILLIAM M. HACKWORTH
CITY AlTORNEY
TELEPHONE: 540-853-2431
FAX: 540-853-1221
EMAIL: cityatty@roanokeva.gov
TIMOTHY R. SPENCER
STEVEN J. TALEVI
GARY E. TEGENKAMP
DAVID L.COLLINS
HEATHERP. FERGUSON
ASSISTANfCITY AlTORNEYS
November 1,2010
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Re: Predatory Lending
Dear Mayor Bowers and Members of City Council:
As requested, I have prepared the attached resolution for your consideration requesting
that the Governor and General Assembly take action to prevent exploitative payday lending
practices in the Commonwealth. Council adopted a somewhat similar resolution in November of
2007; the attached resolution differs in that it specifically mentions the Federal Military Lending
Act. Predatory lending practices, of course, were also addressed in the City's 2011 Legislative
Program adopted October 18,2010.
Please let me know if you have any questions about this matter. With kindest personal
regards, I am
Sincerely yours,
()Jt ~
William M. Hackworth
City Attorney
WMH/lsc
Enclosure
c: Christopher P. Morrill, City Manager
Stephanie M. Moon, City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
JONATHAN E. CRAFT
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
November 4,2010
CECELIA T. WEBB
Assistant Deputy City Clerk
The Honorable Onzlee Ware
Member, House of Delegates
P. O. Box 1745
Roanoke, Virginia 24018
The Honorable H. Cleaveland
Member, House of Delegates
40 British Woods Drive
Roanoke, Virginia 24019
The Honorable John S. Edwards
Member, House of Senate
P. O. Box 1179 '
Roanoke, Virginia 24006-1179
Dear Members of the General Assembly:
I am enclosing copy of Resolution No. 38999-110110 requesting that the General
Assembly adopt legislation making the sale or use of products containing synthetic
cannabinoids illegal in the Commonwealth of Virginia. .
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, November 1, 2010.
Sincerely,
~hJ.~\>vV
Stephanie M. Moon, CMC
City Clerk
SMM:ctw
Enclosure
pc: Christopher P. Morrill, City Manager
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
~~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 1st day of November, 2010.
No. 38999-110110.
A RESOLUTION requesting that the General Assembly adopt legislation making the sale or
use of products containing synthetic cannabinoids illegal in the Commonwealth of Virginia.
WHEREAS, products are being sold in the Commonwealth under a variety of names, such as
K2, Spice Gold, and herbal "incense," which contain syrithetic cannabinoids, which mimic the effects
of drugs such as marijuana, hashish, and other forms of cannabis;
WHEREAS, current State law is unclear as to whether such products legally may be sold or
used in the Commonwealth;
WHEREAS, it does not appear that the use of syrithetic cannabinoids is safe, in that they
- cause tachycardia (elevated heart rate), elevated blood pressure, anxiety, numbness and tingling,
vomiting, hallucinations, tremors and seizures, and there are reports of hospitalizations in the region
because of their use; and
WHEREAS, some states have adopted legislation prohibiting the sale or use of products
containing synthetic cannabinoids.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the General
Assembly is requested to adopt legislation making "spice" and products containing syrithetic
cannabinoids illegal and a controlled substance under Title 18.2 of the Code of Virginia.
ATTEST:
~m.n.oow
City Clerk. ~
CITY OF ROANOKE
OFFICE OF CITY ATfORNEY
464 MUNICIPAL BUILDING
215 CHURCH AVENUE, SW
ROANOKE, VIRGINIA 24011-1595
WILLIAM M. HACKWORTH
CITY ATfORNEY
TElEPHONE: 540-853-243\
FAX: 540-853-\221
EMAIL: cityally@roanokeva.gov
November 1,2010
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Re: Synthetic cannabinoids
Dear Mayor Bowers and Members of City Council:
TIMOTHY R. SPENCER
STEVEN J. TALEVI
GARY E. TEGENKAMP
DAVID L. COLLINS
HEATHERP. FERGUSON
ASSISTANT CITY ATfORNEYS
As requested, I have prepared the attached resolution for your consideration requesting
the General Assembly to make illegal the sale or use of products containing synthetic
cannabinoids. These products are being sold in the City and elsewhere in the Commonwealth,
and are a cause for concern. I have previously furnished Council with more detailed information
concerning the use of such products.
Please let me know if you have any questions about this matter. With kindest personal
regards, I am
Sincerely yours,
Bj.{ ~
William M. Hackworth
City Attorney
WMH/lsc
Enclosure
c: Christopher P. Morrill, City Manager
Stephanie M. Moon, City Clerk
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:;~,QgTd 'of Supervis()'rs
','" '." 'P.O.BOX2fjsob '" " "::.,,
5204 BERNARD DRIVE
ROANOKE, VA 24018-0798
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Joseph B. "Butch" c~rCh' Chairman
Catawba Magisterial Di trict
Eddie "Ed" Elswick, ce-Chairman
Windsor Hills Magisteri I District
October 14, 2010
Michael W. Altizer
Vinton Magisterial District
Richard C. flora
Hollins Magisterial District
Charlotte A. Moore
Cave Spring Magisterial District
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Ladies and Gentlemen:
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Roanoke City Council
c/o Stephanie Moon, Clerk to the Roanoke City Council
215 Church Avenue, SW, Room 364
Roanoke, VA 24011
Enclosed is a copy of Roanoke County's Resolution 101210-2, which adopted a
legislative request for the. 2011' Session of the Virginia'General Assembly to declare
"Spice" and synthetic cannabinoids illegal in the Commonwealth of Virginia.
This resolution requests the City Councils of the City of Roanoke and the City of Salem,
the Boards of Supervisors of Botetourt County and Montgomery County, and the Town
Councils of the Town of Vinton, Town of Blacksburg, and the Town of Christiansburg to
join it in adopting a similar resolution requesting action by the General Assembly on this
matter, We would appreciate your support in the effort to be proacJive in protecting our
community.
Please advise if you require any additionai information.
Sincerely,
B. If/jaW 'I ~
h B. "Butch" Church, Chairman
~~~111T
B. Clayt oodman III, County Administrator
/dcj
Enclosure
OFFICE:
(540) 772-2005
FAX:
(540) 772-2193
VOICE MAil:
(540) 772-2170
E-MAil:
bos@roanokecountyva.gov
,. .,....... :~ r
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER,
TUESDAY, OCTOBER 12, 2010
RESOLUTION 101210-2 ADOPTING A lEGISLATIVE REQUEST FOR
THE 2011 SESSION OF THE VIRGINIA GENERAL ASSEMBLY TO
DECLARE "SPICE" AND SYNTHETIC CANNABINOIDS IllEGAL IN
THE COMMONWEALTH OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, has identified
major legislative issues of Statewide concern to be considered by the 2011 session of the
Virginia General Assembly; and .
WHEREAS, the Board adopts this resolution requesting action by the 2011
session of the Virginia General Assembly.
WHEREAS, eleven other states have adopted legislation making synthetic
cannabinoids illegal; and
WHEREAS, Delaware health officials have issued warnings about the use of
"spice" following numerous recent drug related hospitalizations; and
WHEREAS, the symptoms of "spice" use include tachycardia (elevated heart rate),
elevated blood pressure, anxiety, numbness and tingling, vomiting, hallucinations,
tremors and seizures; and
WHEREAS, there have been reports of similar hospitalizations in the Roanoke and
New River region.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1 . That the General Assembly for the Commonwealth of Virginia adopt
legislation declaring "spice" and synthetic cannabinoids to be illegal and to be a
controlled substance under Title 18.2 of the Code of Virginia.
Page 1 of 2
"\- f<.
2. That this Board requests the City Councils of the City of Roanoke and the
City of Salem, the Boards of Supervisors of Botetourt County and Montgomery County,
and the Town Councils of the Town of Vinton, Town of Blacksburg, and the Town of
Christiansburg to join it in adopting similar resolutions requesting action by the General
Assembly on this matter.
On motion of Supervisor Altizer to adopt the resolution, and carried by the
following recorded vote:
AYES:
Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS:
None
Deb rah C. Jacks
Deputy Clerk to the Board of Supervisors
cc: Paul M. Mahoney, County Attorney
Stephanie Moon, Roanoke City Clerk; Roanoke City Council
Kevin S. Boggess, Clerk for Salem City Council; Salem City Council
Clerk for the Town of Vinton; Members of the Vinton Town Council
Clerk for the County of Botetourt Supervisors; Botetourt Board of Supervisors
Clerk for the County of Montgomery Supervisors; Montgomery Board of Supervisors
Clerk for the Town of Blacksburg; Members of Blacksburg Town Council
Clerk for the Town of Christiansburg; Members of Christiansburg Town Council
Page 2 of 2
.~
~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 1st day of November, 2010.
No. 39000-110110.
A RESOLUTION adopting certain new Reserve and Debt Management Policies for the
City, and repealing certain related current policies.
,
WHEREAS, on May 10, 2005, Council, by the adoption of Resolution 37053-051005
approved and' adopted a Budget Stabilization Policy, by the adoption of Resolution 37504-
051005, approved and adopted a Debt Policy, and by the adoption of Resolution 37056-051005,
approved and adopted an Economic and Community Development Reserve Policy for the City;
and
WHEREAS, Council desires to repeal the three policies identified above and to replace
them with new Reserve and Debt Management Policies.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that:
1. Resolution 37053-051005 adopting a Budget Stabilization Policy, Resolution
37054-051005 adopting a Debt Policy, and Resolution 37056-051005 adopting an Economic and
Community Development Reserve Policy for the City, be and they are hereby REPEALED.
2. The Reserve and Debt Management Policies dated November 1, 2010,
recommended in the Director of Finance's letter to Council of November 1, 2010, are hereby
approved and adopted.
ATTEST:
~M.mDCl>v
City Clerk '-=-
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
JONATHAN E. CRAFT
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
November 3, 2010
CECELIA 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. 39001-110110 amending Chapter 2,
Administration, Article VIII, Finance Generallv, of the Code of the City of Roanoke
(1979), as amended, by repealing 92-188.1, Reserve for self-insured liabilities.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, November 1,2010; and is in full force and effect upon
its passage.
Sincerely,
,,'" )r" mD~
Stephanie M. Moon, CMC - - J
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
\..
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IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1st day of November, 2010.
No. 39001-110110.
:-"
AN, ORDINANCE amending Chapter 2, Administration, Article VIII, Finance Generally,
ofthe Code of the City of Roanoke (1979), as amended, by repealing S2-188.1, Reserve for self-
insured liabilities; and dispensing with the second reading by title paragraph of this ordinance.
BE IT ORDAINED by the Council ofthe City of Roanoke as follows:
1. Chapter 2, Administration, Article VIII, Financ~ Generally, of the Code of the
City of Roanoke (1979), as amended, is hereby amended by the repeal of S2-188.1, Reserve for
self-insured liabilities, as follows:
Sec. 2 188.1. Reserve for sef.H:H:S~i:fi:e.s.:
."\t the conclusion of each fiscal year, hvo hundred fifty thousand donars
($250,000.00), to the extent avuiluble from--arr.y undesignatedgeneral fHfl:Ei
balance at the end of such fiscal year, shall be resor'led for self insurea
liabilities of the city. Under no circumstances shall such roserve create a deficit
in the general fund. Tho maximum balance of the reserve shall be three (3)
pef6ent of the total generul fund-&J3:Pffl;J:lfiat~F-the-oof.lcl.oo.efr-f.i:se-al-yettf-;-
Pttnds resenled for self insmed l:ial3ili-ttes-s.haY-4:H:~-e-Xpea6:e8-e-H:l-y-p-UfS-l:Hint-te
ordinance adopted by council. The provisions of this section shall be
implemented prior to section 2 189 of this Code relating to reser;e :for capital
improycments and capital maintenance und eqffi:pm:ent replacemeffi.:
2. Pursuant to S12 of the Roanoke City Charter, the second reading by title
paragraph ofthis ordinance is hereby dispensed with.
\.
ATTEST:
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City Clerk. C
K:\Measures\Code Amendment Repealing2-188.1.doc
CITY COUNCIL AGENDA REPORT
To:
Meeting:
Subject:
Honorable Mayor and Members of City Council
November 1, 2010
Financial Policies Revisions
Background:
Financial policies are an important component of strong municipal government
management. Rating agencies and other capital market participants consider the
City's adherence to and periodic review of its financial policies to be an indication of
strong financial management. Standard and Poor's ranks the establishment of
formalized financial policies as one of the most important financial management best
practices they look for in highly rated credits. Moody's Investors Service cites fund
balance policies and debt planning that include targets and maximum debt levels as
two of the six critical components of strong municipal management. Fitch Ratings
includes policies on debt affordability and fund balances as among the best financial
management practices for governmental issuers.
The City has a number of financial policies including reserve policies, a debt policy,
budget policies, an investment policy and others. The City's reserve and debt policies
have been comprehensively reviewed by City Administration and by our financial
advisory firm, Public Financial Management, Inc. (PFM).
City Council was briefed regarding recommended revisions to these policies on
October 7, 2010. Upon feedback from City Council and further research, along with
consultation with PFM, the following changes are recommended to our policies.
Reserves
· Move the Budget Stabilization Reserve into Undesignated Fund balance. Replace
the current Budget Stabilization policy requirement of 5-8% of budget with the
policy that the Unreserved, Undesignated Fund Balance will be at a minimum of
10% of budget
· Repeal City Code section 2-188.1, Reserve for self-insured liabilities
· Develop a Risk Management Reserve that calls for a reserve equal 25% average
self insured claims plus 10% average fully insured premiums plus $1 million
catastrophic reserve
· The Director of Finance, in consultation with the City Manager, will develop a
recommended funding plan that will provide incremental funding of .1 % to .2%
of the budget annually (approximately $250,000 to $500,000) or as needed to
ensure these reserves are fully established by 2016
· Once revenues return to their peak level of fiscal year 2009 as adjusted for the
consumer price index and any tax rate increases, develop an Economic
Mayor and Members of City Council
November 1, 2010
Downturn Reserve that will grow to 5% through allocation of a portion of
revenue growth
. Funding of the reserves in any given year will be limited to the greater of
$500,000 or .1 % of local revenue growth (in the event revenues return to their
peak level as adjusted before the Undesignated Reserve ~nd the Risk
Management Reserve are fully funded) and may be adjusted based on actual
revenue growth during the fiscal year
. Such Economic Downturn Reserve could only be used if revenues decline by
more than 1.5% of the current year estimate with drawdowns limited to half of
the reserve balance
. Retain the Economic and Community Development Reserve
. The replenishment requirement for any use of reserves will be a three-year
period to return the reserve to at least the minimum required level
Debt
· Reduce the allowable ratio of net debt to assessed value to 4% from 5%
· Modify our assessed value ratio such as to include not only real estate but also
personal property and public service corporation tax
· Increase the required principal payment within ten years from 50% to 60%
. Strive to fund 10% of the CIP using cash
· Remove investment components from debt policy and place in separate
investment policy
. Add underwriter selection to debt policy
· Add sections to address short-term borrowing and lease financing
· Modify guidance for refunding of debt to establish greater flexibility yet assure
prudent fiscal management
These changes will help ensure the City of Roanoke adheres to the standards of strong
financial management while meeting our operating and capital objectives. The
recommended Reserve and Debt Management Policies document is attached.
Recommended Action:
City Council repeal Resolution 37053-051005, Budget Stabilization Reserve Policy,
Resolution 37056-051005, Economic and Community Development Reserve Policy and
Resolution 37054-051005, Debt Policy.
City Council adopt the accompanying ordinance to repeal section 2-188.1 of Roanoke
City Code.
Mayor and Members of City Council
November 1, 2010
City Council adopt the accompanying resolution to adopt the Reserve and Debt
Management Policies, dated November 1, 2010, attached to this report, and to
repeal the three resolutions described above.
~~-
ANN H. SHAWVER .
Director of Finance
Distribution: Council Appointed Officers
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
November 4, 2010
CECELIA T. WEBB
Assistant Deputy City Clerk
Jake Gilmer, Senior Planner.
Roanoke Valley Alleghany Regional Commission
313 Luck Avenue, Southwest
Roanoke, Virginia 24016-5013
Dear Mr. Gilmer:
I am enclosing copy of Resolution No. 39002-110110 supporting and endorsing the
Route 419 Corridor Plan (March 2010) as a guide to the installation and improvement of
public infrastructure within the Route 419 planning area.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, November 1,2010.
Sincerely,
~rn,~
Stephanie M. Moon, CMC
City Clerk
Enclosure
pc: Christopher P, Morrill, City Manager
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
~\O
17\~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 1st day of November~ 2010.
No. 39002-110110.
A RESOLUTION supporting and endorsing the Route 419 Corridor Plan (March
2010) as a guide to the installation and improvement of public infrastructure within the
Route 419 planning area.
WHEREAS, the Route 419 Corridor PI~ ("Plan") was the result of a regional
planning effort that included the cities of Roanoke and Salem, the County of Roanoke, the
Greater Roanoke Transit Company, the Roanoke Valley Greenway Commission, and the
Virginia Departments of Transportation and Rail and Public Transportation, and was
managed by the Roanoke Valley Area Metropolitan Planning Organization ("MPO") and
the Virginia Department of Transportation ("VDOT");
WHEREAS, City of Roanoke staff participated in the Plan's development through
a 419 Technical Committee, and public input was sought at many points during the plan
development, including public meetings and presentations to elected officials, focus
groups, and stakeholders;
WHEREAS, the MFO includes two representatives from the City of Roanoke, and
the MPO adopted the Plan on March 25,2010; and
WHEREAS, this Plan is compatible with the City of Roanoke's interests and goals
related to coordinated regional multimodal transportation.
THEREFORE BE IT RESOLVED by the Council of the City of Roanoke that City
Council supports and endorses the Route 419 Corridor Plan and encourages the City
R-Route 419 Conidor Plan.doc
1
Manager to work with the MPO, VDOT, and other localities to implement the
recommendations outlined in the Plan.
ATTEST:
-l:tt-R~ ~ .00j~
City Clerk. ~
R-Route 419 COlTidor Plan.doc
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
STEPHANIE M. MOON, CMC
City Clerk
William C. Holland
1450 Forest Park Boulevard
Roanoke Virginia 24017
Dear Mr. Holland:
November 3, 2010
JONATHAN E. CRAFT
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
Monday, November 1, 2010, you were appointed as a member of the Local
Board of Building Code Appeals for a term of office ending September 30,
2015.
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 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."
William C. Holland
November 3,2010
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 member of the Local Board of
Building Code Appeals.
Sincerely,
~m'~b~
Stephanie M. Moon, CMC
City Clerk
Enclosu res
pc: Martha P. Franklin, Secretary, Local Board of Building Code Appeals,
wjapplication
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 first day of November 2010,
WILLIAM C. HOLLAND was appointed as a member of the Local Board of
Building Code Appeals for a term of office ending September 30,2015.
Given under my hand and the Seal of the City of Roanoke this third day of
November 2010.
~-qJJ~ hi. fh()ovtJ
City Clerk . - I
\-
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
JONATHAN E. CRAFT
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
November 3,2010
Mr. Vincent G. Dabney
2118 Memorial Avenue, S. W., #5
Roanoke, Virginia 2401 5
Dear Mr. Dabney:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, November 1, 2010, you were reappointed as a City representative to
the Blue Ridge Behavioral Healthcare, Board of Directors, for a term ending
December 31, 2013.
Enclosed you will find a Certificate of your reappointment and an Oath or
Affirmation of Office which must 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.
After the Oath has been administered, please return one copy to Room 456 in
the Noel C. Taylor Municipal Building, 215 Church.Avenue, S. W.
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."
Mr. Vincent G. Dabney
November 3,2010
Page 2
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for your willingness to serve the City of Roanoke as a member of
the Blue Ridge Behavioral Healthcare Board of Directors.
Sincerely,
~hJ- d"Y){)W
Stephanie M. Moon, CMC
City Clerk
SMM:ctw
Enclosures
pc: Tim Steller, Executive Director, Blue Ridge Behavioral Healthcare, 301 Eim
Avenue, S. W., Roanoke, Virginia 24016-4001
(
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 first day of November 2010,
VINCENT G. DABNEY was reappointed as a City representative to the Blue Ridge
Behavioral Healthcare, Board of Directors, for a term ending December 31,
2013.
Given under my hand and the Seal of the City of Roanoke this third day of
November 2010. I
/'
~m.rn~
City Clerk ,,- /
Blu.e Ridge
Behavioral
Healthcare
Daniel R. O'Donnell Chairman
Daniel E. Karnes Vice Chairman
Bruce N. Thomasson Treasurer
Dana Barnes Lee Secretary
Executive Director
Tim Steller
October 8,2010
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RECEIVED
OCT 1 3 2010
Christopher P. Morrill
City Manager
City of Roanoke
215 Church Avenue, SW
Roanoke, Virginia 24011
CITY MANAGER'S OFFICE
Dear Mr. Morrill:
According to our records, Mr. Vincent G. Dabney will complete his second term on the
Blue Ridge Behavioral Healthcare Board of Directors as a representative of the City of
Roanoke on December 31,2010. We have appreciated his dedication to our mission,
and would like to have him continue to represent the City. He is eligible for one more
three-year term, and has agreed to serve if Council so chooses.
Community Services Board membership is addressed under Title 37.2 - 502 of the
Code of Virginia, and this reappointment would serve to maintain our compliance with
required demographic and other attributes for board member composition as set out in
the Code. We respectfully request that Roanoke City Council reappoint Vincent G.
Dabney to our Board of Directors for a final term to begin January 1, 2011 and run
through December 31,2013.
Sincerely,
Tim Steller
Executive Director
C: The Honorable David A. Bowers, Mayor
Vincent G. Dabney
2118 Memorial Avenue SW #5
Roanoke, VA 24015
Executive Offices 301 Elm Avenue SW Roanoke, Virginia 24016-4001 (540) 345-9841 Fax (540) 345-6891
The Community Services Board serving the Cities of Roanoke and Salem, and the Counties of Botetourt, Craig and Roanoke
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 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
Acting City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
November 3, 2010
Mr. Robert K. Bengtson
1342 East Drive, S. W.
Roanoke, Virginia 24015
Dear Mr. Bengtson:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
November 1, 2010, you were reappointed as a City representative of the Roanoke
Valley Resource Authority for a four-year term of office ending December 31,2014.
Enclosed you will find a Certificate of your reappointment and an Oath or
Affirmation of Office which may be administered by the Clerk of the Circuit Court
of the City of Roanoke, 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, 215 Church Avenue, S. W.
Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, lam 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."
':;:er~IY, . .
~Y"n.~
Stephanie M. Moon, CMC
City Clerk
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Enclosures
pc: Deborah Charles, Secretary Roanoke Valley Resource Authority, 1020 Hollins
Road, N. E., Roanoke, Virginia 24012
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 first day of November 2010, ROBERT K. BENGTSON was
reappointed as a City representative of the Roanoke Valley Resource Authority for a
four-year term of office ending December 31,2014.
Given under my hand and the Seal of the City of Roanoke this third day of
November 2010.
· rn. Mo~
City Clerk ~
ROANOKE VALLEY RESOURCE AUTHORITY
August 5, 2010
Ms. Stephanie M. Moon
City Clerk, City of Roanoke
Municipal Building Room 456
215 Church Avenue, SW
Roanoke, VA 24011-1536
Re: Roanoke Valley Resource Authority
Appointment to Board of Directors
Dear Ms. Moon:
Roanoke Valley Resource Authority records indicate the term of Mr. Robert K. Bengtson, who
was appointed by Roanoke County to the Authority's Board of Directors, will expire December
31,2010.
It is requested that the Clerk's Office inform the Roanoke Valley Resource Authority of the
reappointment ofMr. Bengtson, or the appointment of a new representative Board member, by
January 1, 2011.
All Authority Board members, whether new or reappointments, will need to be certified and
given the Oath of Office prior to the Authority's annual organization meeting currently
scheduled to be held on January 26,2011.
Your assistance with this matter is appreciated. If you have any questions, please contact me at
540-857 -5050.
Sincerely,
Q)~~Ta~
Deborah T. Charles
R VRA Board Secretary
c: Anne Marie Green, RVRA Chair
Daniel D. Miles, RVRA CEO
1020 Hollins Road, NE Roanoke, Virginia 24012-8011 (540) 857-5050 Fax (540) 857-5056
Web Site: www.rvra.net
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
JONATHAN E. CRAFf
Deputy City Clerk
STEPHANIE M. MOON, CMC
Acting City Clerk
November 3, 2010
CECELIA T. WEBB
Assistant Deputy City Clerk
Ms. Angela S. Penn
506 12th Street, N. W.
Roanoke, Virginia 24017
Dear Ms. Penn:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, November 1, 2010, you were reappointed as a member of the City
Planning Commission, commencing January 1, 2011, and ending December 31,
2014.
Enclosed you will find a Certificate of your reappointment and an Oath or
Affirmation of Office which may be administered by the Clerk of the Circuit
Court of the City of Roanoke, 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, 215 Church Avenue, S. W., 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 requ,ired "to read and become familiar with provisions of the
Act."
Ms. Angela S. Penn
November 3,2010
Page 2
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for your willingness to continue your service the City of Roanoke
as a member of the City Planning Commission.
Sincerely,
1;cl~o~~::JnnJ
City Clerk
SMM:ctw
Enclosures
pc: Martha P. Franklin,.Secretary, City Planning Commission
COMMONWEALTH OF VIRGINIA)
)
CITY OF ROANOKE )
To-wit:
I, Stephanie M. Moon, Acting City Clerk, and as such
City Clerk of
thel City of Roanoke and keeper of the records thereof, do hereby certify that at
a regular meeting of Council which was held on the first day of November,
2010, ANGELA S. PENN was reappointed as a member of the City Planning
Commission, commencing January 1, 2011, and ending December 31, 2014.
Given under my hand and the Seal of the City of Roanoke this third day of
November, 2010.
/ff+Lh;.mlJ~
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
November 3,2010
JONATHAN E. CRAFT
Deputy City Clerk
CECELlA T. WEBB
Assistant Deputy City Clerk
Pamela Kestner-Chappelear
6734 Peach Tree Circle
Roanoke, Virginia 24018
Dear Ms. Kestner-Chappelear:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, November 1, 2010, you were reappointed as a member of the Hu man
Services Advisory Board, for a term of four years ending November 30,2014.
Enclosed you will find a Certificate of your reappointment 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
Cle'rk'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.
. . I hi. motvJ
Stephanie M. Moon, cM'd
City Clerk
SMM:ctw
Enclosu res
pc: Teresa I. McDaniel, Secretary, Human Services Advisory Board
COMMONWEALTH OF VIRGINIA
)
) To-wit:c
)
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 first day of November, 2010, PAMELA
KESTNER-CHAPPELEAR 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 third day of
November, 2010.
J;;q:R~ 'rr). m b rnJ
City Clerk .. I
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
CECELIA T. WEBB
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
November 3,2010
Mr. Drew H. Kepley
2710 RichelieuAvenue, S. W.
Roanoke, Virginia 24014
Dear Mr. Kepley:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, November 1 , 2010, you were reappointed as a member of the Board of .
Zoning Appeals, for a term commencing January 1, 2011, and ending
December 31,2013.
Enclosed you will find a Certificate of your reappointment and an Oath or
Affirmation of Office which must 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.
After the Oath has been administered, please return one copy to Room 456 in
the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W.
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 you r reappointment and
each member is required "to read and become familiar with provisions of the
Act."
Mr. Drew H. Kepley.
November 3, 2010
Page 2
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for your willingness to continue your service to the City of
Roanoke as a member of the Board of Zoning Appeals. .
Sincerely,
t;:/2~m.~
Stephanie M. Moon, CMC- }
City Clerk
SMM:ctw
Enclosu res
pc: RebeccaJ. Cockram, Secretary, Board of Zoning Appeals
'--
\
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 first day of November 2010, DREW H.
KEPLEY was reappointed as a member of the Board of Zoning Appeals for a
term commencing January 1,2011, and ending December 31,2013.
Given under my hand and the Seal of the City of Roanoke this third day of
November 2010.
;ktA:.v M. milan!
. City Clerk . /