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HomeMy WebLinkAboutCouncil Actions 09-05-23 VOLOSIN 42739-090523 City of Roanoke, Virginia 11111 ROANOKE CITY COUNCIL ROANOKE CITY PLANNING COMMISSION 11111 September 5, 2023 ROANOKE Cit 9.00 AM y Council Chamber 215 Church Avenue, S.W. AGENDA The City of Roanoke is a safe, caring and economically vibrant community in which to live, learn, work, play and prosper. A vibrant urban center with strong neighborhoods set amongst the spectacular beauty of Virginia's Blue Ridge. NOTICE: Council meetings will be televised live and replayed on RVTV Channel 3 on Thursdays at 7:00 p.m., and Saturdays from 10:00 a.m. to 5:00 p.m.; and video streamed through Facebook Live at facebook.com/RoanokeVa. Council meetings are offered with closed captioning for the deaf or hard of hearing. CALL TO ORDER - ROLL CALL. All Present. Welcome. WELCOME AND OPENING REMARKS. Inasmuch as there was not a quorum of the City Planning Commission, Mayor Lea advised that the meeting would not be considered a joint meeting, but more of a briefing with members of the City Planning Commission. ITEMS FOR DISCUSSION/COMMENTS BY CITY COUNCIL/CITY PLANNING COMMISSION. 1. Brief Overall Comprehensive Plan Process. 2. City Plan 2040: Implementation Highlights. 3. Role and process work of the Planning Commission (including all elements reviewed in recommendations). 4. Discussion of policy basis of PC Recommendations (equity, environmental impacts, etc.). 5. Zoning Reform to address housing affordability. 6. Plan for public outreach. RECESS/ADJOURN. 9:55 a.m. AT 11:11 A.M., THE COUNCIL MEETING WILL RECONVENE TO CONSIDER THE FOLLOWING ITEMS FOR ACTION: A communication from Mayor Sherman P. Lea, Sr., 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. A list of current vacancies is included with the agenda for this meeting. (7-0) A communication from the City Attorney requesting that City Council convene in a Closed Meeting to consult with legal counsel regarding probable litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body, pursuant to Section 2.2-3711 (A)(7), Code of Virginia (1950), as amended. (7-0) A communication from the City Manager, requesting that Council convene in a Closed Meeting to discuss a prospective business or industry or the expansion of an existing business or industry in the vicinity of the intersection of 1-81 and I- 581 in Roanoke County, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Sections 2.2-3711 (A)(5), (A)(6), Code of Virginia (1950), as amended. (7-0) A communication from the City Manager, requesting that Council convene in a Closed Meeting to discuss the disposition of publicly-owned property in proximity of 1-581 and Frontage Road, N. W., where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to 2.2-3711 (A)(3), Code of Virginia (1950), as amended. (7-0) ITEMS LISTED ON THE 2:00 P.M. COUNCIL DOCKET REQUIRING DISCUSSION/CLARIFICATION AND ADDITIONS/DELETIONS TO THE 2:00 P.M. AGENDA. NONE. TOPICS FOR DISCUSSION BY THE MAYOR AND MEMBERS OF COUNCIL. NONE. BRIEFINGS: Code Amendment- (Chapter 20, Motor Vehicles and Traffic) - 10 minutes Code Amendment - (Chapter 2, Administration, Section 2-305, Equity and Empowerment Advisory Board) - 10 minutes Code Amendment - (Chapters 7, 20 and 33) - 10 minutes LEGISLATIVE COMMITTEE MEETING SCHEDULED FOR 9:00 A.M., IN THE COUNCIL CHAMBER. (10:00 A.M. - 10:58 A.M.) THE COUNCIL MEETING WILL STAND IN RECESS FOR A CLOSED MEETING; AND THEREAFTER RECONVENE AT 2:00 P.M., IN THE COUNCIL CHAMBER, ROOM 450, NOEL C. TAYLOR MUNICIPAL BUILDING. (11:57 A.M.) City of Roanoke, Virginia CITY COUNCIL 2:00 PM City Council Chamber 215 Church Avenue, S.W. ROANOKE 1. CALL TO ORDER - ROLL CALL. All Present. The Invocation was delivered by The Reverend Vannie Harrell, Pastor, Church Alive International. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Sherman P. Lea, Sr. Welcome. CERTIFICATION OF CLOSED MEETING. (6-0, Council Member Sanchez- Jones was not present when the vote was recorded) ANNOUNCEMENTS: 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: A proclamation declaring September 10 - 15, 2023 as National Disability Voter Registration Week. Council Member White-Boyd read and presented the proclamation to Karen Michalski-Karney, Executive Director, Blue Ridge Independent Living Center. A proclamation declaring September 10 - 15, 2023 as Welcoming Week. Vice-Mayor Cobb read and presented the proclamation to Katie Hedrick, Community Inclusion Coordinator, City of Roanoke. Introduction of a new Communications and Community Engagement Specialist. Mayor Lea introduced Tracy Lauder as the new Communications and Engagement Specialist for the City of Roanoke. The City Manager recognized K.C. Bretton as the new Director of Real Estate Valuation. 3. HEARING OF CITIZENS UPON PUBLIC MATTERS: City Council sets this time as a priority for citizens to be heard. All matters will be referred to the City Manager for response, recommendation or report to Council, as he may deem appropriate. Owen McGuire, 2514 Brambleton Avenue, S. W., appeared before the Council and asked Council to reverse the decision to sell the Fishburn Caretaker's Cottage. Freeda Cathcart, 2516 Sweetbrier Avenue, N. W., appeared before the Council on behalf of the Soil and Water Conservation District to address the importance of protecting the City's parkland and green space. 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. C-1. Minutes of the regular meeting of City Council held on Monday, August 7, 2023. RECOMMENDED ACTION: Dispensed with the reading of the minutes and approved as recorded. C-2. A communication from the City Clerk advising of the resignation of LaKeevia Sinkford as a member of the Human Services Advisory Board, effectively immediately. RECOMMENDED ACTION: Accepted the resignation and received and filed the communication. C-3. Annual report of the Fair Housing Board for fiscal year 2022 - 2023. RECOMMENDED ACTION: Received and filed. C-4. Annual report of the Roanoke Redevelopment and Housing Authority for the fiscal year 2022 - 2023. RECOMMENDED ACTION: Received and filed. REGULAR AGENDA: 5. PUBLIC HEARING: 1. Proposal of the City of Roanoke to amend the 2022 - 2024 HUD Consolidated Plan. No action taken. 6. PETITIONS AND COMMUNICATIONS: 1. Virginia Department of Motor Vehicles (DMV) — DMV Select Program. Adopted Budget Ordinance No. 42739-090523. (7-0) 7. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: 1. CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: A. Acceptance of Pathfinders Funding for the Roanoke River Greenway Parking Facilities at Bridge Street. Adopted Resolution No. 42740-090523 and Budget Ordinance No. 42741-090523. (7-0) B. Acceptance of Funds from the U.S. Department of Housing and Urban Development's Continuum of Care Program for the Homeless Assistance Team. Adopted Resolution No. 42742-090523 and Budget Ordinance No. 42743-090523. (6-0, Council Member Sanchez-Jones was not present when the vote was recorded) C. Acceptance of Funds from the U.S. Department of Housing and Urban Development's Continuum of Care Program for the Coordinated Assessment System. Adopted Resolution No. 42744-090523 and Budget Ordinance No. 42745-090523. (7-0) D. Acceptance of Planning Grant Funds from the U.S. Department of Housing and Urban Development's Continuum of Care Program. Adopted Resolution No. 42746-090523 and Budget Ordinance No. 42747-090523. (7-0) E. Acceptance of Virginia Homeless Solutions Program Funds from the Virginia Department of Housing and Community Development. Adopted Resolution No. 42748-090523 and Budget Ordinance No. 42749-090523. (7-0) F. Acceptance of Virginia Department of Transportation (VDOT) Local Revenue Sharing Funding for Grayson Avenue, N. W., and 8th Street, N. W., Pedestrian Improvements. Adopted Resolution No. 42750-090523 and Budget Ordinance No. 42751-090523. (7-0) G. Acceptance of Virginia Department of Conservation and Recreation Grant for Bennett Springs Trailhead Improvements at Carvins Cove. Adopted Resolution No. 42752-090523 and Budget Ordinance No. 42753-090523. (7-0) H. Acceptance of funds from the Western Virginia Water Authority in connection with the Tinker Creek Greenway Construction — Utility Relocation. Adopted Resolution No. 42754-090523, Budget Ordinance No. 42755-090523 and Resolution No. 42756-090523. (7-0) I. Approval of a Lease Agreement between the City of Roanoke and the Western Virginia Workforce Development Board for the 1 and 7 Jefferson Street Building. Adopted Ordinance No. 42757-090523. (7-0) COMMENTS OF THE CITY MANAGER. The City Manager thanked the community for coming out to the Meet and Greet event for the potential Chief of Police. In response to Council Member Moon's inquiry with regard to deer culling, the City Manager stated that the City has been in contact with a company for the service. The contract was halted in 2018. Approximately $40,000.00 has been budgeted for the service of culling approximately 150 - 200 deer. He further advised the would keep the Council apprised of the process. 2. CITY ATTORNEY: NONE. 8. REPORTS OF COMMITTEES: NONE. 9. UNFINISHED BUSINESS: NONE. 10. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: 1. A resolution reappointing Braxton Naff as a Director of the City of Roanoke Economic Development Authority. Adopted Resolution No. 42758-090523. (7-0) 11. MOTIONS AND MISCELLANEOUS BUSINESS: 1. Inquiries and/or comments by the Mayor and Members of City Council. Vice-Mayor Cobb commented with regard to the recent visit by Gurudev Sri Sri to the Jefferson Center. He announced an upcoming event featuring Gurudev Sri Sri on September 29 - October 1, 2023 at the Washington, D.C. mall. Council Member Moon Reynolds thanked Mayor and Members of Council for the condolences, cards and acts of kindness on the passing of her mother and asked for continued thoughts and prayers. Council Member Priddy asked for someone to look into the precinct associated with the reconstruction of the Wasena Bridge and access to the precinct. Council Member Volosin commented that the funding for the rehabilitation of the Catawba Hospital and construction of 1-581 were reduced. 2. Vacancies on certain authorities, boards, commissions and committees appointed by Council. Appointed Mary Blair Celli to replace Angela Wimberly as a member of the Youth Citizen Services Board for a term of office ending June 30, 2026. ADJOURNED - 4:02 P.M. 01�4 �° CITY COUNCI L AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: September 5, 2023 Subject: FY23 Annual Report: Planning Commission, Board of Zoning Appeals, Architectural Review Board, and Building and Fire Code Board of Appeals On behalf of the Planning Commission, the Board of Zoning Appeals, Architectural Review Board, and the Building and Fire Code Board of Appeals we are pleased to provide this Fiscal Year 2023 summary report of their activities and attendance to City Council. Respectfully submitted, u�' 1'J1 Tina M. Carr Secretary to the Planning Commission Acting Secretary to the Board of Zoning Appeals Acting Secretary to the Architectural Review Board Secretary to the Building and Fire Code Board of Appeals PLANNING COMMISSION SUMMARY The Planning Commission considered 19 applications during FY2023. Planning Commission - July 1, 2022 through June 30, 2023 Applications Recommended Did not Withdrawn by recommend applicant Rezonings or amendments of conditions or 13 13 development plan Rig ht-of-way 5 3 2 vacation Comprehensive Plan 1 1 Amendments Total 19 17 0 2 The Commission met ten times during FY23. Meetings in July 2022 and February 2023 were canceled because there were no items for consideration. Mr. Hale did not seek reappointment, and the vacancy was filled by Mr. Berry in January 2023. Board Member Attendance Karri Atwood 5 of 10 Kevin Berry 5 of 5 Sarah Glenn 8 of 10 Kit Hale 3 of 3 Frank Martin 9 of 10 Pamela Smith 7 of 10 James Smith 9 of 10 Scott Terry-Cabbler 10 of 10 In addition, the Planning Commission holds work sessions on the Friday prior to their regular meeting to review applications to be considered in the following month and to discuss any last-minute changes to the items for the next meeting. 2 BOARD OF ZONING APPEALS SUMMARY The Board of Zoning Appeals considered 16 applications during FY2023. All were special exceptions. Board of Zoning Appeals - July 1, 2022 through June 30, 2023 Applications Approved Denied Withdrawn Special Exceptions 16 14 1 1 Variances Appeals Total 16 14 1 0 The Board met eight times during FY23. Meetings in October, February, March, and June were canceled because there were no items for consideration. Ms. Brown did not seek reappointment, and the vacancy was filled by Mr. Miller in January 2023. Board Member Attendance Meg Dorsey 5 of 8 Amanda McGee 8 of 8 Christopher Miller 3 of 3 Bryan Musselwhite 6 of 8 Andrew Raduly 5 of 8 Jason Varney 7 of 8 Betty Jean Wolfe 5 of 8 Tracy Brown 0 of 2 3 ARCHITECTURAL REVIEW BOARD SUMMARY The Architectural Review Board considered 52 applications during FY2023. Below is a summary of the applications and their disposition. Architectural Review Board -July 1, 2022 through June 30, 2023 Applications Approved Denied Withdrawn Certificates of 52 41 6 5 Appropriateness Total 52 41 6 5 The Board met twelve times during FY23. Mr. Earl did not seek reappointment, and vacances were filled by Ms. Kronau in October 2022 and Lori Baker-Lloyd in May 2023. Board Member Attendance Husain Alam 1 2 of 12 Lori Baker-Lloyd 1 of 2 Byron Dickson 11 of 12 Kevin Earl 4 of 4 Stephen Feather 10 of 12 Drew Kepley 10 of 12 Kate Kronau 7 of 8 Bill Mason 12 of 12 4 BUILDING AND FIRE CODE BOARD OF APPEALS SUMMARY No appeals were filed, so the Building and Fire Code Board of Appeals had no activity during the fiscal year. Building and Fire Code Board of Appeals Membership Douglas Coffman Helen M. Favor John Hustutler Christopher T. Link Yvonne Johnson Jeffrey S. Shawver Anthony Smith Robert Pilkington c: Robert S. Cowell, City Manager Chris Chittum, AICP, CNU-A, Executive Director of Community Development and Placemaking Katharine Gray, AIA, AICP, Leed AP, Planning Commission Agent Phillip Moore, AICP, CZA, MBA, Board of Zoning Appeals Agent Parviz Moosavi, Architectural Review Board Agent 5 CITY OF ROANOKE OFFICE OF THE MAYOR "' `r ` 215 Church Avenue, S.W., Suite 452 Roanoke,Virginia 24011-1536 ' Telephone: (540)853-2444 Fax:(540)853-1145 E-mail: MAYOR@ROANOKEVA.GOV SHERMAN P.LEA,SR. Mayor September 5, 2023 The Honorable Vice-Mayor Joseph L. Cobb and Members of the Roanoke City Council Roanoke, Virginia Dear Vice-Mayor Cobb and 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. A list of current vacancies is included with the agenda for this meeting. Sincerely, Sherman P. Lea, Sr. Mayor SPL:ctw COMMITTEE VACANCIES/REAPPOINTMENTS September 5, 2023 Public VACANCIES: Unexpired term of office on the Building and Fire Board of Appeals ending June 30, 2025. Unexpired term of office on the Parks and Recreation Advisory Board ending March 31, 2025. Unexpired term of office on the Human Services Advisory Board ending November 30, 2026. Term of office on the City of Roanoke Economic Development Authority ending October 20, 2027. Term of office on the Towing Advisory Board (Towing Operator) ending October 31, 2026. Term of office on the Roanoke Neighborhood Advocates ending September 30, 2026. Terms of office on the Youth Services Citizen Board (Public/Private Agency)and (Citizen at Large) ending June 30, 2026. 1 111,771111 ROANOKE CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: September 5, 2023 Subject: A communication from the City Manager, requesting that Council convene in a Closed Meeting to discuss the disposition of publicly-owned property in proximity of 1-581 and Frontage Road, N.W., where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to 2.2-3711 (A)(3), Code of Virginia (1950), as amended. Background: The City Manager requests that Council convene in a Closed Meeting to discuss the disposition of publicly-owned property in proximity of 1-581 and Frontage Road, N.W., where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to 2.2-3711 (A)(3), Code of Virginia (1950), as amended. Recommended Action: Bob Cowell, City Manager Distribution: ROANOKE CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: September 5, 2023 Subject: A communication from the City Attorney requesting that City Council convene in a Closed Meeting to consult with legal counsel regarding probable litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body, pursuant to Section 2.2-3711 (A)(7), Code of Virginia (1950), as amended. Background: The City Attorney requests that City Council convene in a Closed Meeting to consult with legal counsel with regard to probable litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body, pursuant to Section 2.2-3711 (A)(7), Code of Virginia (1950), as amended. Recommended Action: Timothy Spencer, City Attorney Distribution: CITY ATTORNEY COUNCIL MEMO CODE AMENDMENT Date: September 5, 2023 From: Timothy R. Spencer, City Attorney Re: City Code Amendment regarding Chapter 20(Motor Vehicles and Traffic) An amendment to Chapter 20 (Motor Vehicles and Traffic) is proposed in order to restrict pedestrians from standing or sitting on concrete medians that are four feet(48 inches) or less. This restriction is proposed in order to ensure both (a) safety of pedestrians and motorists as well as(b)the First Amendment rights of individuals seeking to solicit donations. The Federal Department of Transportation Design Manual indicates that the minimum width for a pedestrian refuge is six feet. Therefore, our four foot (48 inch) restriction is well supported, while still allowing for ample areas for people to exercise their constitutional rights. TRS/DPB/lsc L,3S5 IN THE COUNCIL OF THE CITY OF ROANOKE,VIRGINIA AN ORDINANCE amending and reordaining Chapter 20, Motor Vehicles and Traffic, to add a new Section 20-69, Prohibited Activities on Public Roadways with Medians, Division 1, Generally, Article IV, Stopping, Standing and Parking, Code of the City of Roanoke (1979). as amended;providing for an effective date; and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Chapter 20, Motor Vehicles and Traffic, Article IV, Stopping, Standing and Parkin , Division 1, Generally, Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: Sec. 20-69. Prohibited activities on public roadways with medians. (a) The following words and phrases, as used herein, shall have the following meanings, unless a different meaning is plainly required by the context. (1) Public roadway with a median means improved public right-of-way designed for use of vehicular travel with a median area in the middle of the roadway separating two (2) or more lanes of travel, including the shoulder of the road, but excluding any designated sidewalk. (2) Median means any area in the middle of any roadway separating two or more lanes of travel, designed to provide a barrier to keep traffic on one (1) side of a roadway from going to the other side of the roadway. A median may be a raised concrete strip or a grass strip, with or without curbing, between any two (2) lanes of travel on a public roadway. ( } e-tl y • d-ated-# ' .a, at-r.�-t.- of- _ w�tere-dam ` roj,:,� of ki-xgs= alk 014 alt : (eb) l tl#" • t-perso of-moving moving • y1 eept,h hreal r -For any public roadway ‘u ith a median, it shall be illegal for any indix idual to sit or stand in or on an unpax ed median, or any median 48 inches or less. for any period of time. (dc) Penalties. Any person violating the provisions of this section shall be guilty of a Class 2 misdemeanor. Each separate incident may be considered a new violation * * * 2. This Ordinance shall be in full force and effect upon its passage. 3. Pursuant to Section 12,Roanoke City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. 40F CITY ATTORNEY COUNCIL MEMO t • CODE AMENDMENT Date: September 5, 2023 From: Timothy R. Spencer, City Attorney Re: Chapter 2 Administration, Article XIV Authorities, Boards, Commissions and Committees Generally, Section 2-305 Equity and empowerment advisory board. _ The proposed code amendment changes the number of required meetings each year to be more flexible to the needs of the Equity and Empowerment Advisory Board ("EEAB"). The EEAB shall now meet at least four times per year. Most of the work of the EEAB is conducted through its working groups. This proposed change will allow the working groups to meet and report its work to the EEAB in a more efficient manner. Adopt the attached ordinance amending Chapter 2 Administration, Article XIV Authorities, Boards, Commissions and Committees Generally, Section 2-305 Equity and empowerment advisory board. TRS/lsc I3 a i IN THE COUNCIL OF THE CITY OF ROANOKE,VIRGINIA, AN ORDINANCE amending and reordaining Section 2-305 Equity and empowerment advisory board, Division 2, Permanent Committees, Article XIV Authorities, Boards, Commissions and Committees Generally, Chapter 2, Administration, Code of the City of Roanoke (1979), as amended; establishing an effective date; and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Amend and reordain Section 2-305 Equity and empowerment advisory board, Division 2, Permanent Committees., Article XIV Authorities, Boards, Commissions and Committees Generally, Chapter 2, Administration, Code of the City of Roanoke (1979), as amended, as follows: * * * Sec. 2-305.-Equity and empowerment advisory board. (a) Composition. The equity and empowerment advisory board is a permanent council-appointed board. The equity and empowerment advisory board shall consist of seven (7) members who shall be residents of the city. Council may appoint an employee of the city to serve as a non-voting liaison between the equity and empowerment advisory board and city staff. Pursuant to section 2- 282, the mayor shall not serve ex officio. (b) Purpose; responsibility. The purpose and responsibility of the equity and empowerment advisory board shall be as follows: (1) Review the priorities for Interwoven Equity in City Plan 2040 and any subsequent city comprehensive plan; (2) Develop proposed plans for the implementation of policies and action identified for each priority set forth under Interwoven Equity in City Plan 2040; and (3) Review all existing city policies, ordinances, and regulations and recommend to city council changes in such policies, ordinances, or regulations to eliminate the city of any policies or procedures that promote inequity or limit empowerment. (c) Appointment and terms of members. Members of the equity and empowerment advisory board shall be appointed by city council. The non- voting liaison shall serve only during the time of their employment with the City of Roanoke. All members shall serve for terms of three (3) years. Members of the equity and empowerment advisory board shall be subject to the limitation on terms set forth in section 2-281.1. (d) Members not compensated. The members of the equity and empowerment advisory board shall serve without compensation for their service as such members. (e) Organization, selection of officers, meetings. (1) At its initial meeting, the members of the equity and empowerment advisory board shall elect a chair, vice-chair, and secretary. The member elected as chair shall serve as the presiding officer at all meetings of the equity and empowerment board. In the absence of the chair, the vice-chair shall preside at such meeting. The secretary shall prepare agendas for each meeting, take minutes of each meeting, ensure that proper legal notice of all meetings is provided, and file minutes with the city clerk. All officers shall serve for terms that end on December 31 of each year. Members may be reelected to serve as an officer without limitation. (2) The equity and empowerment advisory board shall adopt bylaws with respect to the operations of the equity and empowerment advisory board. Such bylaws shall not be inconsistent with the provisions of section 2-305. The bylaws shall be presented to city council for endorsement. (3) The equity and empowerment advisory board shall develop a schedule for regular meetings each and shall meet at least four (4) times calendar year. Such schedule for each ensuing year shall be set no later than January 15 of each year. The schedule shall include the dates and times of each regular calendar year. ^t th t ' t g meeting for the ensuing oof`he (4) The equity and empowerment advisory board shall hold at least one public hearing each year at one of its regular meetings, or at a special meeting called for that purpose pursuant section 2-305(e)(5). The purpose of such public hearing is to receive comments and input from the community with respect the responsibilities of the equity and empowerment advisory board as set forth in section 2-305(b). Notice of a public hearing shall be published in a newspaper of general circulation within the city at least five (5) days, but not more than ten(10) days, prior to the date of the public hearing. (5) Special meetings of the equity and empowerment advisory board may be called by the chair or by two (2) members of the equity and empowerment advisory board with at least twelve (12) hours prior notice to each member, delivered in hand or by electronic mail. The 2 notice of the special meeting shall set forth the purpose of the special meeting and the special meeting shall be limited to that purpose. (6) The city manager shall appoint staff to assist the secretary in the performance of the secretary's duties to keep minutes and records of all proceedings of the board, prepare agendas for meetings, notify members of meetings, arrange for legal notices of meetings, prepare all agenda packages, and perform all other duties of a secretary. The city attorney shall provide legal advice and assistance to the equity and empowerment advisory board. (f) Reports to city council. (1) The equity and empowerment advisory board shall make !! recommendations to city council as determined by such board. All recommendations shall be in writing and delivered to the city clerk for inclusion in the city council agenda packages. The chair of the equity and empowerment advisory board shall attend the city council session at which such recommendations are considered by city council. (2) The equity and empowerment advisory board shall make an annual written report to city council at the second session of city council in December. The annual report shall summarize the matters considered by the equity and empowerment advisory board, the recommendations made to city council, and the objectives of the equity and empowerment advisory board for the following year. The chair of the equity and empowerment advisory board shall present the report at the second session of city council in December. * * 2. This ordinance shall be in full force and effect upon its passage. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. 3 i! Ii o . CITY ATTORNEY COUNCIL MEMO � h CODE AMENDMENT , Date: September 5, 2023 From: Timothy R. Spencer, City Attorney Re: City Code Amendments regarding Code Enforcement, Chapter 7 (Building Regulations), Chapter 20 (Motor Vehicles and Traffic), and Chapter 33 (Vegetation and Trash) In an effort to update our City Code to conform to the Code of Virginia and address the current needs of the City, our office and the Code Enforcement Division reviewed the applicable City Code sections regarding Building Regulations, Motor Vehicles and Traffic, and Vegetation and Trash set forth in Chapters 7, 20 and 33 of the City Code. The purpose for the amendments to Chapter 7 (Building Regulations) is to create a registration for vacant buildings and a derelict building program, which establish a procedure by which the City and property owners may reduce the number of derelict buildings in the City and improve the health, safety and welfare of communities within the City. The purpose for the amendments to Chapter 20 (Motor Vehicles and Traffic) is to permit our Code Enforcement Division to assist the Roanoke Police Department in removing illegally parked vehicles on public property. This amendment is a result of Code Enforcement's legislative proposal submitted during the 2023 General Assembly Session and became law effective July I, 2023. The purpose for the amendments for Chapter 33 (Vegetation and Trash) is to expand our nuisance abatement code sections to include the removal of "clutter", which will provide the City with a mechanism to keep the City free of items detrimental to the health and well-being of the community. Amend and reordain Chapters 7, 20, and 33 of the City Code to conform to the Code of Virginia and to update certain sections to meet the needs of the City. TRS/KMDIlse i 1 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA AN ORDINANCE amending and reordaining Chapter 7, Building Regulations, by the addition of new Article IV, Vacant Building Registration; an new Article V, Derelict Building Program, Code of the City of Roanoke (1979), as amended; establishing an effective date; and dispensing with the second reading of this Ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke'that: 1. Chapter 7, Building Regulations, Article IV,Vacant Building Registration; Article V, Derelict Building Program, Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: Article IV.—Vacant Building Registration Sec. 7-49.—Vacant building registration. On or before April 1 of each year,the owner or managing agent,or a duly authorized representative acting on behalf of the owner or managing agent, shall register with the codes compliance administrator on forms developed by the code enforcement division, the address of any buildings they own or manage which have been vacant for a continuous period of 12 months or more and which meet the definition of derelict building. For purposes of this section, "derelict building" shall mean a residential or nonresidential building or structure, whether or not construction has been completed, that might endanger the public's health, safety, or welfare and for a continuous period in excess of six months,it has been(i) vacant,(ii)boarded up or secured in accordance with the building code,and(iii)not lawfully connected to electric service from a utility service provider or not lawfully connected to any required water or sewer service from a utility service provider. Every person filing registration forms with the codes compliance administrator shall pay an annual registration fee of$100 to defray the cost of processing the registration. Sec. 7-50. Failure to register. Any person who fails to register a vacant building by the April 1 deadline shall•be subject to a $200 civil penalty. Any person who fails to register any vacant building that is located in a conservation and rehabilitation district or any building that has been designated as blighted pursuant to the provisions of Section 36-49.1:1 of the Code of Virginia, shall be punished by a civil penalty not exceeding$400 for each building that is not registered. Sec. 7-51. Notice of assessment penalty, At least 30 days prior to the assessment of any civil penalty, the code enforcement division shall mail the owner, or managing agent, or the duly authorized representative acting on behalf of the owner or managing agent,at the address to which property tax notices are sent notice of the failure to comply with the registration requirements of this section. Article V.—Derelict Building Program Sec. 7-52. Established. In accordance with Section 15.2-907.1 of the Code of Virginia, there is hereby established a derelict building program.The purpose of the derelict building program is to establish a procedure by which the City and property owners may reduce the number of derelict buildings, as defined herein, in the City and improve the health, safety and welfare of communities within the City. Sec. 7-53. Definitions. The following words,terms and phrases,when used in this article,shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Derelict building means a residential or nonresidential buildinn_g or structure, whether or not construction has been completed,that might endanger the public's health,safety or welfare and for a continuous period in excess of six months,such building or structure has been: (1) Vacant; (2) Boarded up in accordance with the building code; and (3) Not lawfully connected to electric service from a utility service provider or not lawfully connected to any required water or sewer service from a utility service provider. Plan means the plan submitted by the owner of a derelict building.to the codes compliance administrator in accordance with Section 7-56. Program means the derelict building program established by Section 7-52. Sec. 7-54. Administration. The codes compliance administrator shall administer the program and promulgate such rules and regulations not inconsistent with the provisions of this Code and other applicable laws as the codes compliance administrator deems necessary for the effective administration of the program. The codes compliance administrator shall develop the appropriate fonn for the notice required by Section 7-55.The codes compliance administrator shall also develop standards for the approval of plans and the appropriate forms for the submission of plans by the owners of derelict buildings in accordance with Section 7-56. The codes compliance administrator shall complete and publicize such standards providing for the program established by Section 7-52. In addition, the codes compliance administrator shall submit a report to the Council on or before October 31 of each year concerning the number of properties declared to be derelict in accordance with this article within the twelve months ending on the immediately preceding September 30. is Sec. 7-55.Notice of declaration of derelict property. (a) Whenever the codes compliance administrator determines that there exists upon land in the City any derelict building, the codes compliance administrator shall deliver written notice of such determination to the address listed on the real estate tax assessment records of the City Assessor. Such notice shall be delivered by certified mail and shall constitute delivery for purposes of this section. (b) The written notice required by subsection (a) of this section shall state that the owner of the derelict building is required to submit to the codes compliance administrator a plan, within 90 days, to demolish or renovate such building to address the items that endanger the public's health, safety or welfare as listed in the written notification provided by the codes compliance administrator. Sec. 7-56. Submission of plan by property owner; approval by codes compliance administrator; penalty for noncompliance. Any owner of a derelict building to whom the codes compliance administrator has sent a written notice in accordance with Section 7-55 shall submit to the codes compliance administrator a plan, within 90 days, to demolish or renovate such building to address the items that endanger the public's health,safety or welfare as listed in the written notification provided by the codes compliance administrator. Such plan shall be submitted on forms provided by the codes compliance administrator and shall include a proposed time within which the plan will be commenced and completed. (b) The codes compliance administrator shall review any plans submitted in accordance with this section. Such plans shall be subject to approval by the codes compliance administrator and shall be deemed noncompliant until such plan is approved by the codes compliance administrator. (c) Any person who owns or controls a derelict building for which the codes compliance administrator has delivered a written notice in accordance with Section 7-55 who fails to submit a plan in accordance with this section or who fails to comply with the contents of an approved plan or the dates for commencement and completion as specified in such plan shall be guilty of a Class 2 misdemeanor, the penalty for which may include confinement in jail for not more than six months and a fine of not more than $1,000, either or both, and each day of violation shall be a separate violation. Sec. 7-57. Plan completion, permit fee refund. (a) If an approved plan submitted by the owner of a derelict building to whom the codes compliance administrator has sent a written notice in accordance with Section 7-55 calls for demolition of the derelict building, upon submission of proof of completion of such demolition within 90 days of the date of the building permit issuance,the codes compliance administrator shall refund to such owner any building and demolition permit fees. However, this section shall not supersede any provision of City Charter Section 62.1 or 1, any ordinance adopted pursuant to Code of Virginia, § 15.2-2306 relative to historic districts. (b) If an approved plan submitted by the owner of a derelict building to whom the codes compliance administrator has sent a written notice in accordance with Section 7-55 calls for renovation of the derelict building,and no rezoning is required for the owner's intended use of the property: (1) No building permit fees shall exceed the lesser of 50 percent of the standard fees established for building permit applications for the proposed use of the property,or $5,000 per property; and (2) No siteplan or subdivision fees shall exceed the lesser of 50 percent of the standard fees established for site plan or subdivision applications for the proposed use of the property, or$5,000 per property. Sec. 7-58. Additional remedies for noncompliance; receivership. Notwithstanding the provisions of Section 7-56.the City may proceed to make repairs and secure the derelict building under Code of Virginia§ 15.2-906,or abate or remove a nuisance under Code of Virginia § 15.2-900. In addition, the City may exercise such remedies as may exist under the Uniform Statewide Building Code and may exercise such other remedies available under general and special law. In accordance with Code of Virginia § 15.2-907.2. the City may petition the Circuit Court for the appointment of the City to act as a receiver to repair real property that contains residential dwelling units, subject to the fulfillment of all of the requirements set forth in Code of Virginia § 15.2-907.2, and shall have the authority to implement all of the remedies and carry out all necessary actions set forth in Code of Virginia § 15.2-907.2. Sec. 7-59. Designation of codes compliance administrator to enforce trespass violations of derelict building. Pursuant to Virginia Code § 15.2-1717.1, unless the owner of such property objects, the codes compliance administrator will be considered a person lawfully in charge of real property that has been declared a derelict building for the purpose of posting a sign or signs to prohibit any person to go upon or remain upon thepremises of such property without the authority of law. 2. This ordinance shall be in full force and effect on January 1, 2024. 3. Pursuant to the provisions of Section 12 of the City Charter,the second reading of this Ordinance by title is hereby dispensed with. ATTEST: City Clerk. 1 IN THE COUNCIL OF THE CITY OF ROANOKE,VIRGINIA AN ORDINANCE amending and reordaining Chapter 20, Motor Vehicles and Traffic, Article IV,Stopping1Standing and Parking,Division 4,Removal of Hazardous or Illegally Parked Vehicles, Code of the City of Roanoke (1979), as amended; establishing an effective date; and dispensing with the second reading of this.Ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Chapter 20, Motor Vehicles and Traffic, Article IV, Stopping, Standing and Parking, Division 4, Removal of Hazardous or Illegally Parked Vehicles, Code of the City of Roanoke(1979), as amended, is hereby amended and reordained to read and provide as follows: Sec.20-93. Impoundment authorized. (a) Any motor vehicle, trailer or semitrailer, or parts thereof may be removed by or under the direction of the chief of police or codes compliance administrator for safekeeping to a storage area if: (1) It is left unattended on a public highway or other public property and constitutes a traffic hazard; (2) It is illegally parked; (3) It is left unattended for more than ten days (4-4)-either on public property or on private property without the permission of the property owner, lessee, or occupant; or (4) It is immobilized on a public roadway by weather conditions or other emergency situation. (b) This section, shall not authorize removal of motor vehicles, trailers, semitrailers, or parts thereof from private property without the written request of the owner, lessee, or occupant of the premises. The person at whose request a motor vehicle, trailer, semitrailer, or part of a motor vehicle,trailer or semitrailer is removed from private property shall indemnify the city against any loss or expense incurred by reason or removal, storage, or sale thereof. (c) Prior to any removal and impoundment by the city under the authority of subsection(a)(3)of this section, the chief of police, codes compliance administrator or his-their designee shall send by certified mail,rififfeeeipt-fegUested;-notice of such proposed removal to the owner of such automobile at his their last known address as shown on the records of the division of motor vehicles. Such notice shall advise that the owner may,within forty eight (48)hours of receipt of the notice, contact the police department or the civil code enforcement division to request a hearing regarding the proposed removal. If a timely request for hearing is made,the hearing shall be scheduled before an officer appointed by the chief of police or director of planning,building, and development within seventy-tw -(72)hours. Sec.20-94. Officer's report of removal; notice to owner of impounding. (a) The officer or codes compliance inspector removing or causing the removal of any vehicle under the preceding section shall immediately make a written report thereof to the chief of police or codes compliance administrator setting forth the date, time and place of, and the reason for such removal, the location of the facility in which the vehicle is being held, and the license number of the motor vehicle removed. (b) As promptly as possible after the removal of any such vehicle, unless the same has been sooner released, the chief of police or codes compliance administrator shall notify in writing the owner of record of such vehicle, if known, that such vehicle has been impounded. Sec. 20-95. Manner of redeeming impounded vehicles; costs. (a) Subject to the provisions contained in subsection (b) of this section, before the owner or person entitled to the possession of any vehicle impounded pursuant to this division shall be permitted to remove the same from the custody of the police department or civil code enforcement division,wherever stored,he-they shall furnish evidence of his their identity and right to possession of such vehicle,shall sign a receipt therefor,and shall pay a service charge. The service charge shall consist of the reasonable cost of removing and storing the vehicle, including any special equipment used or special services rendered. Such service charge shall constitute a lien on the vehicle so towed or impounded, and the city or the operator of such approved place of storage is authorized to retain possession of such vehicle until such charges are paid. (b) No fee for removal or storage, as described in subsection (a) of this section, shall be charged to or required to be paid by the owner or person entitled to possession of any vehicle caused to be removed from any public highway or public grounds and impounded by a police officer or codes compliance inspector, acting pursuant to the provisions of section 20-93, or, if paid such fee shall be refunded, if: (1) At the time of such removal and impoundment, such vehicle shall have been stolen from its owner or the person then entitled to possession thereof and no unlawful or unauthorized act or omission of such owner or lawful possessor shall have caused or contributed to the cause for such removal and impoundment; and (2) If such owner or person then claiming the right of redemption and possession of such vehicle shall obtain from the chief of police, a judge, the commonwealth's attorneys Of the senior police officer on duty in the absence from police headquarters of the chief of police or the codes compliance administrator, a statement in writing certifying, from • knowledge or on the basis of the best information then available, such vehicle or other object to have been the subject of theft or of unauthorized use or possession at the time 4 of such removal and the claimant named in the certificate to be entitled to possession thereof without payment of the costs of removal and impoundment provided in subsection(a) of this section. Sec. 20-96. Payment of removal costs not to be released from other violations, etc. The payment of any service charge as provided for in the preceding section shall not release the owner or operator of such vehicle from any charge arising out of the violation of any of the provisions of this Code or other law or of any other ordinance or regulation of the city violated by himthem, or from the payment of any fine or penalty which may be otherwise lawfully imposed for such violation. Sec. 20-97. Sale of impounded vehicles. (a) Should the owner of any vehicle fail or refuse to pay the charges and costs set forth in this division or should the identity or whereabouts of such owner be unknown or unascertainable after a diligent search has been made and after notice to such owner at his-their last known address and the holder of any lien of record in the office of the division of motor vehicles,in Virginia against such vehicle, the chief of police or codes compliance administrator may, after holding such vehicle forty('10)days, and after due notice of sale, dispose of the same at public sale and the proceeds of such sale shall be forwarded by him them to the city treasurer; provided, that if the value of such vehicle is determined by three(3) disinterested dealers or garagemen garage person to be less than h a #' cellar ($150.00)it may be disposed of by private sale or junked. The city treasurer shall pay from the proceeds of sale the cost of removal, storage, investigation as to ownership and liens and notice of sale; and the balance of such funds shall be held by him them for the owner and paid to the owner upon satisfactory proof of ownership. (b) If no claim has been made by the owner of the proceeds of such sale,the remaining funds shall be deposited in a special fund of the city. Any such owner shall be entitled to apply to the city within three(3) years from the date of such sale and if timely application is made therefor,the city shall pay the same to the owner without interest or other charges. If unclaimed after three (3) years, the funds shall be transferred to the general fund of the city. No claim shall be made nor shall any suit, action or proceeding be instituted for the recovery of such funds after three(3) years from the date of such sale. Sec. 20-98. Personal property found in vehicle. Any personal property found in any unattended or abandoned vehicle may be sold incident to the sale of any such vehicle as authorized in this division. Secs. 20-99,20-100.Reserved. * * * 2. This ordinance shall be in full force and effect upon its passage. 4 3. Pursuant to the provisions of Section 12 of the City Charter,the second reading of this Ordinance by title is hereby dispensed with. ATTEST: City Clerk. II a IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA AN ORDINANCE amending and reordaining Chapter 33, Vegetation and Trash, Article II, Weed and Trash Abatement, Code of the City of Roanoke (1979), as amended; establishing an effective date; and dispensing with the second reading of this Ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Chapter 33, Vegetation and Trash, Article II, Weed and Trash Abatement, Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: Sec.33-17. Definitions. For the purpose of this chapter, certain terms and words used herein shall be defined as follows: (a) Abatement cost means the city's cost of labor, equipment and supplies for,or the contract price of and any charges to the city with respect to, its removal and disposal of weeds or trash from a parcel. (b) City manager means the city manager or his their designee. (b)(c) Clutter means mechanical equipment, household furniture, containers, and similar items that may be detrimental to the well-being of a community when they are left in public view for an extended period or are allowed to accumulate. (c)(d) Public nuisance means a state of facts requiring governmental action for the establishment and maintenance of public health, safety, order and convenience. (d)(e) Owner means any person shown by any public record maintained by any circuit court, general district court, treasurer, commissioner of revenue or city clerk to have an interest in a parcel lying in the City of Roanoke,Virginia as of the date of the abatement of public nuisance under this article or any successor in title taking with actual or constructive notice of the existence of a public nuisance. (e)(f) Parcel means any real estate(and any interest therein)lying in the City of Roanoke, Virginia, identified by a City of Roanoke Official Tax Number, and including the area in the public right-of-way which is between the property line of the real estate which is identified by a City of Roanoke Official Tax Number and the curb,the improved portion 4 of a roadway, or the centerline of any alley or unimproved street. Such term shall not include any real estate lying in an RA, Residential-Agricultural District, as defined elsewhere in this Code. (i)(g) Trash means abandoned personal property,garbage,refuse, clutter or debris openly lying on any parcel, which might endanger the health of other residents of the city. (g)(h) Weed or weeds means any plant, grass or other vegetation over ten (-10)-inches in height growing upon a parcel in the City of Roanoke, including, but not limited to, any sage brush, poison oak, poison ivy, Ailanthus Altissima (commonly called Tree of Heaven or Paradise Tree),ragweed,dandelions,milkweed, Canada thistle, and any other undesirable growth, excluding trees, ornamental shrubbery, vegetable and flower gardens purposefully planted and maintained by the property owner or occupant free of weed hazard or nuisance, cultivated crops, or undisturbed woodland not otherwise in violation. Sec. 33-18.Weeds and trash declared public nuisance; abatement required. Weeds growing or trash lying on any parcel shall constitute a public nuisance, except that in the case of a parcel greater than one (1) acre in area natural vegetation growing more than fifty (50)-feet from every property line shall not constitute a public nuisance. It shall be unlawful to cause or allow a public nuisance with respect to any parcel. The owner of any parcel shall abate any public nuisance with respect to his their parcel. Sec. 33-19.Weeds and trash prohibited; duty of owner to remove weeds and trash. It shall be unlawful and a public nuisance for the owner of any parcel to allow weeds, as defined herein, to grow or trash to stand upon such parcel. It shall be the duty of the owner of any parcel to immediately cut, remove or destroy any and all weeds and to remove trash on his their parcel. Any owner who shall violate any provision of this section shall be deemed to be guilty of a Class 4 misdemeanor, and each day that such weeds shall remain uncut or such trash is allowed to stand after the period within which they are required hereunder to be cut or removed shall be deemed to constitute a separate offense under this section. Sec. 33-20. Notice of removal of weeds and trash. (a) Notwithstanding the criminal sanctions provided for elsewhere in this Code, and in addition to them, whenever the city manager determines that a public nuisance exists with respect to any parcel, the city manager shall post a notice of violation on the property and either shall serve the owner of the property with personal service a notice of violation or shall mail notice by United States Postal Service mail,postage prepaid,to the owner of the parcel at the owner's address, as determined from public records. Any written notice provided under this section shall state that there exists a public nuisance with respect to the owner's property and demand the abatement of the nuisance within seven(7)-days following the posting of the notice on the property. Such notice, when posted on the property and either served in person or addressed and deposited with the postal service with proper postage prepaid, shall be deemed complete and sufficient. (b) The notice shall: (1) Be in writing; • E 1 i (2) Set forth the alleged violation of this article; (3) Describe the parcel of real property where the violations are alleged to exist or to have been committed; (4) Advise that if the weeds or trash are not removed within the prescribed time,and that if the weeds and trash do not remain abated or removed, the city will proceed to abate the nuisance with the costs thereof together with an administrative fee and interest authorized by this article being specially assessed against the owner and the parcel; (5) Advise that the cost of abatement together with the administrative fee and interest constitutes a lien against the property in favor of the city; and (6) Advise that within seven(7)days of the posting of the notice on the property, the owner may appeal to the city manager stating in detail the reasons why the proposed action should not be taken. (c) In the event the owner appeals the proposed abatement as provided for above, the city manager shall set a hearing and notify the owner of the time and location of a hearing to be held within five (5)-days from the date of the city manager's receipt of the appeal. At any hearing, the city manager shall hear and investigate any objection that may be raised and take action in response as he may deem reasonable. (d) Any notice sent by the city manager to any owner of a parcel which, because of weeds or trash, has been declared a public nuisance under this article and which notice otherwise complies with the requirements of this section, shall constitute complete and sufficient notice for any similar condition during the same period of April-March 1 until November 4-30 in which the notice was sent. Sec.33-21.Abatement of public nuisance. (a) If the owner shall fail or neglect to complete abatement of the public nuisance as required within seven (7)-days of mailing of notice or of posting, whichever is applicable, or if the owner fails to continue to comply with the requirements of this section, the city manager may direct in writing that city forces abate or complete the abatement of such public nuisance, or the city manager may contract for this abatement on behalf of the city with a private contractor. (b) Any owner may abate the public nuisance himself-themselves without liability to the city, provided that he-they completes the abatement prior to commencement of abatement by city personnel or any private contractor on behalf of the city. Sec. 33-22. Accounting for abatement costs. The city manager, or city manager's designee, shall keep an account of the cost of abating public nuisances and embody such account in periodic reports with assessment lists which shall be transmitted to the city clerk at convenient intervals.The copy retained by the city clerk shall be available for public inspection. The reports shall refer to each parcel as to which public nuisance was abated by description sufficient to identify the parcel, and specify and include the following amounts to be assessed against the owner of the parcel: (i) the cost of abatement including but not limited to a minimum of two (2) hours labor as well as other reasonable charges for equipment, together with an additional administrative fee in the amount of $100.00) to a offset the costs incurred by the city for monitoring a parcel owner's compliance with applicable code standards regarding excessive weeds and trash on parcels; (ii) interest authorized by this article; and(iii) an additional administrative fee as specified in Section 2-178.4 of this Code. Sec.33-23. Notice to owner on abatement costs. (a) Upon completion of the reports and assessment lists, the city manager shall mail by United States Postal Service to each owner at his their address as determined from public records a notice including a statement to the owner of the abatement cost and the administrative fee. The notice shall provide that upon confirmation by the city manager of the abatement cost and administrative fee, they shall constitute special assessments against the owner and the parcel, a personal obligation of the owner, and a lien upon the owner's parcel from the date and time of the recordation of the notice of lien,and from the date of such confirmation,until paid,bear interest at the legal rate, and that any fees, charges or costs for the abatement of a nuisance thereof shall be collected in any manner provided by the Code of Virginia for the collection of state and local taxes. (b) The city manager shall cause a notice of the lien of the special assessment prepared by the city attorney to be recorded in the clerk's office of the circuit court of the City of Roanoke, Virginia. The city attorney may take appropriate steps including a personal or in rem suit or action in the appropriate court to enforce the lien to satisfy the special assessment. (c) The director of finance and the city treasurer, when in their discretion it is just and proper to do so, may waive liens imposed pursuant to this section whenever doing so will facilitate the sale of the property and encourage its productive reuse. Such liens may be waived only as to a purchaser who is unrelated by blood or marriage to the owner and who has no business association with the owner. All such liens shall remain a personal obligation of the owner of the property at the time the liens were imposed. Sec. 33-24. Reserved. * * * 2. This ordinance shall be in full force and effect upon its passage. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. ATTEST: City Clerk. Office of the Mayor JF ROgN CITY OF tRT=:-' ROANOKE • reclamation NATIONAL DISABILITY VOTER REGISTRATION WEEK WHEREAS, there are over 50 million people with disabilities of all ages living in communities throughout the United States; WHEREAS, the disability community has a critical interest in policies enacted at local, state and national levels that affect the integration of people with disabilities,young and old, into our communities; WHEREAS, getting the disability community involved in influencing public policies is essential if these policies are to meet the needs of people with disabilities in their communities; WHEREAS, voting is one way for the disability community to exert their influence at local,state and national elections; WHEREAS, REV UP America "Register—Educate— Vote and Use your Power" is a national effort to encourage local and/or state disability community voting coalitions;and WHEREAS, The City of Roanoke, supports the growing involvement of the disability community in the political process. NOW, THEREFORE, I, Sherman P. Lea, Sr., Mayor of the City of Roanoke, Virginia, do hereby proclaim the week of September 11 - 15, 2023, throughout this great seven-time All-America City, as National Disability Voter Registration Week. Given under our hands and the Seal of the City of Roanoke this fifth day of September in the year two thousand twenty-three. 41- c • ( Sherman P.Lea,Sr.,Mayor ATTEST: Cecelia F.McCoy, City Clerk vfft( e of me ivlayvl Of ROgn\ CITY OF "� ROANOKE �, WELCOMING WEEK WHEREAS, our community's success depends on making sure that all Roanokers feel welcome here; WHEREAS, new residents are a vital part of our community—bringing fresh perspectives and new ideas, starting businesses, and contributing to the vibrant diversity that we all value; WHEREAS, this week, we honor the spirit of unity that is bringing neighbors together across Roanoke, and join this movement of communities nationwide by renewing our commitment to inclusion, taking action in the spirit of welcoming, working together to achieve greater prosperity and making our community the kind of place where diverse people from around the world feel valued and want to make a home; WHEREAS, regardless of where we are born or what we look like, we are Roanoker's, united in our efforts to build a stronger community; by recognizing the contributions that we all make to create a vibrant culture and a growing economy, we make our community more prosperous and more inclusive to all who call it home;and WHEREAS, we come together to build communities where every resident has the opportunity to contribute at their best, let us come together to create more prosperous communities and to reaffirm that Virginia still stands as a beacon of freedom and opportunity. NOW, THEREFORE,I, Sherman P. Lea, Sr., Mayor of the City of Roanoke, Virginia, call upon the people of Roanoke to join together to build stronger communities across our city and across the Commonwealth of Virginia, and do hereby proclaim the week of September 10, 2023, throughout this great, seven-time All-America City, as Welcoming Week. Given under our hands and the Seal of the City of Roanoke this fifth day of September in the year two thousand and twenty-three. Sherman P. Lea, Sr. Mayor ATTEST. /�� Cecelia F.McCoy, City Clerk O� 744Ad-i- a~ CITY OF ROANOKE AL-re; OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Suite 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 CECELIA T.WEBB,CMC CECELIA F.MCCOY,CMC E-mail: clerk@roanokeva.gov Deputy City Clerk City Clerk RUTH VISUETE-PEREZ Assistant Deputy City Clerk September 5, 2023 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Lea and Members of Council: This is to advise that LaKeevia Sinkford has tendered her resignation as a member of the Human Services Advisory Board, effective immediately. Sincerely, 6_,...e..6..„., j , ,,,i, Cecelia F. McCoy, CMC City Clerk Cecelia Webb From: Ruth Visuete Perez Sent: Friday, August 25, 2023 3:59 PM To: Cecelia Webb Subject: FW: [EXTERNAL] Re: Human Services Advisory Board: Oath of Office From: LaKeevia Sinkford <mrssinkford@gmail.com> Sent: Friday, August 25, 2023 10:40 AM To: Ruth Visuete Perez<ruth.visueteperez@roanokeva.gov> Subject: [EXTERNAL] Re: Human Services Advisory Board: Oath of Office CAUTION:This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Hello Ms. Perez, I would like to resign from the Human Services Advisory Board effective immediately. I appreciate all your help! Thank you, LaKeevia Sinkford Sent from my iPhone On Aug 25, 2023, at 10:25 AM, Ruth Visuete Perez<ruth.visueteperez@roanokeva.Rov>wrote: Hi Ms. Sinkford, I'm following up on our conversation this morning.To resign from the Human Services Advisory Board, all you have to do is email me and let me know that you will be resigning and the effective date. Should you have any questions, please let me know. Best regards, Ruth Visuete Perez Assistant Deputy City Clerk City Clerk's Office 215 Church Avenue, S. W. Suite 456 Roanoke, Virginia 24011 1 ROANOKE CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: September 5, 2023 Subject: 2022-2023 Fair Housing Board Report. Background: Annual Report from City of Roanoke Fair Housing Board. Considerations: Under the City Code, the Fair Housing Board is to serve as a source of public information on fair housing through outreach, education and training. Through staff support, the Board has continued efforts to raise awareness about Fair Housing and celebrated 55 years since the passing of the Fair Housing Law. Recommended Action: Receive and file. Distribution: Council Appointed Officers Angie O'Brien Assistant City Manager Chris Chittum, Executive Director of Community Development and Placemaking David Collins, Assistant City Attorney Lara Burleson, Community Resources Specialist II eia044b CITY COUNCIL AGENDA REPORT 6, -,t t �4 t To: Honorable Mayor and Members of City Council Meeting: September 5, 2023 Subject: Fair Housing Board Annual Report for Fiscal Year 2022-23 The Fair Housing Board ("the Board") is pleased to provide this Annual Report for fiscal year 2022-2023 to City Council. The Board focused on rebuilding the past year and is looking forward to a new year of opportunities and educational outreach. Purpose and Function: Under the City Code, the Fair Housing Board is to serve as a source of public information on fair housing through outreach, education and training. Through staff support, the Board has continued efforts to raise awareness about Fair Housing and celebrated 55 years since the passing of the Fair Housing Law. Membership: This year the Board has not achieved a quorum at three (3) meetings. Per the Board's By-Laws and Rules of Procedures, Mrs. Calhoun-Smith has been absent from five (5) consecutive meetings and her seat is deemed vacated. Change in Board membership was due to the resignation of its Chair, Peter Volosin, due to his appointment to Council. Subsequently, Council appointed one (1 ) new member. New member Manuel Dotson has attended meetings since his appointment to the Board in January 2023. Attendance at the quarterly meetings of the Board is as follows: Meeting Date 7-19-22 8-16-22 9-20-22 10-18-22 1 1-1 5-22 12-20-22 Currently on Board Board Member Amazetta Anderson P U P U P U Yes Garrett Brumfield P U P P P P Yes Jessie Coffman P P P P P P Yes ' Manuel Dotson - - - - - P Yes Charnika Elliott P P U U P U Yes Alyshia Merchant U U P P P U Yes Nicole Calhoun-Smith P U U U U U Yes Peter Volosin p U P P P P/ R No 1 P= Present U= Unexcused Absence E= Excused Absence R= Resigned August 16, 2022 and December 20, 2022 meetings did not have a quorum. Meeting Date 11-17-23 2-21-23 3-21-23 4-18-23 5-16-23 6-20-23 Currently on Board Board Member Amazetta Anderson P P P P P - Yes Garrett Brumfield U P P U P - Yes Jessie Coffman P P P P P - Yes Manuel Dotson P P P U P - Yes Charnika Elliott P P U U P Yes ( Alyshia Merchant P P P P P - Yes Nicole Calhoun-Smith U P U U U - Yes P= Present U= Unexcused Absence E= Excused Absence April 18, 2023 meeting did not have a quorum. June 20, 2023 meeting was not held due to various scheduling conflicts. Major Accomplishment In March 2023, the Fair Housing Board approved a revision to its Analysis of Impediments to Fair Housing, which is required by HUD. This was the first revision since 2011 and overdue. Utilizing consultants through the Community Resources Office of the City of Roanoke, citizen outreach was conducted through public surveys, with 425 responses, including 5% that utilized the Spanish language survey. Of the respondents, 15% answered that they had been the direct victim of housing discrimination and 20% knew someone that had faced fair housing challenges. However, only 22% of those that experienced housing discrimination reported their claims, with most feeling like a claim would do no good or were not aware of how to file a complaint. The Analysis of Impediment to Fair Housing cited the 3 main impediments were a lack of familiarity in the community with the Fair Housing Act and Virginia Fair Housing Law; a lack of informational and outreach material readily available and distributed in the city; and a lack of record maintenance for fair housing activities. A complete version of the 2023 Analysis of Impediments to Fair Housing is included as an attachment to this report. Outreach and Education Activities: In line with the Board's mission, Board hosted two Fair Housing seminars. Both led by DPOR certified Mally Dryden-Mason of the Virginia Fair Housing Office. The sessions were held on 8 December 2022 and 17 April 2023. The Board continues to actively seek opportunities to enlighten and educate the City's vulnerable populations about their rights and responsibilities. Approximately one (1 ) inquiry per month in regards to fair housing complaints was fielded by the Board's staff member. All calls were referred to the Commonwealth's Department of Professional and Occupational Regulations (DPOR) Fair Housing Office, HUD's Office of Fair Housing and Equal Opportunity (FHEO) and/or the local Legal Aid Society for follow up and enforcement. The FHB is encouraging citizen involvement from the Latina community or other non- native residents to serve on the appointed board. When an opening for membership is available, the FHB urges City Council to seek qualified applicants that represent 2 populations most commonly facing housing discrimination. Council proclaimed the month of April as Fair Housing Month. The Board distributed the City's "Fair Housing: What You Need To Know" booklet at the Fair Housing Seminars. The Board continues to work to forward the Board's mission and vision: Mission: The City of Roanoke's Fair Housing Board seeks to expand the knowledge, understanding, and desire of all citizens to receive fair and equal treatment in respect to housing. The Fair Housing Board seeks to provide education to the housing industry, housing industry related partners, and citizens to ensure that all know their rights and responsibilities under the Federal, State, and Local Fair Housing Laws. Vision: To provide education so that no citizen shall be discriminated against on the basis of race, color, religion, national origin, familial status, marital status, disability, age, or elderliness and so that all citizens have the right to live where they can afford. In accordance with Title VIII of the Federal Civil Rights Act, HUD-funded contracts the City engages in with sub-recipients are reviewed to ensure Fair Housing compliance. For fiscal year 2023-2024, the Fair Housing Board has two priorities: Continue to educate Board Member on Fair Housing Issues in order to better provide guidance/advice to City Council. The Board will continue its efforts to raise public awareness regarding fair housing by looking for innovative ways to reach out to the protected classes. The Fair Housing Board hopes that Council finds this annual report informative and useful. It also extends its appreciation to its City of Roanoke staff liaisons that have been knowledgeable resources to the Board. The Board stands ready to respond to Council's questions and guidance. Jessie Coffman Fair Housing Board Recorder Distribution: Council Appointed Officers Assistant City Managers 3 Analysis ofImpediments Fair Housing Choice .,.. ... ...‘„,,,,....„.„-„, . ,.. . . 4., .„ t.. .... „... . ..., 4. .. . .. , . . . • . . . ,--- -. n ww.. C as ate. „e - ,, �.r i4 n, a a . '#. C' j Vs�y , . . , i. s S :�,or . ♦ ._f t is �y . . ..-‘-': . : . fiki 413 t:f ��y ,.„,e a R ' . . AdIP RoAN0KE . .......0, , .. , City of Roanoke Analysis of Impediments to Fair Housing Choice 1 I INTRODUCTION AND EXECUTIVE SUMMARY 5 Executive Summary 5 Who Conducted 6 Methodology 7 Funding 7 Conclusions 8 IMPEDIMENT#1-Lack of Familiarity with Fair Housing Act 8 IMPEDIMENT#2-Lack of informational and outreach activities 9 IMPEDIMENT#3-Lack of record maintenance of fair housing activities 9 Demographic Data 10 Households and Families 11 Race and Ethnicity 12 Populations 13 Income 15 Employment and Education Data 17 Housing Profile 18 FAIR HOUSING OVERVIEW 30 HUD-Office of Fair Housing and Equal Opportunity(FHEO) 31 Overview of the Fair Housing Act 32 Civil Rights Obligations of Public Entities and Recipients of Federal Entitlements 35 Civil Rights Obligations of the City of Roanoke 36 Fair Housing Act-Disability 38 The Americans with Disabilities Act(ADA) 39 Sexual Harassment 39 Quid Pro Quo 40 Hostile Environment 40 Reasonable Accommodations and Modifications 40 Rights and Obligations Under Federal Law 40 The Fair Housing Act 40 Section 504 40 Americans with Disabilities Act(ADA) 41 Reasonable Accommodations 41 Reasonable Modifications 42 Limited English Proficiency 45 Virginia Fair Housing Office 47 Filing a Complaint with the Virginia Fair Housing Office 5o City of Roanoke Housing Survey 51 Sampling of comments from the Roanoke Community Survey 53 Community Interviews 55 Blue Ridge Independent Living Center 56 Bradley Free Clinic 56 Carilion Clinic 57 City of Roanoke Analysis of Impediments to Fair Housing Choice 2 Casa Latina 58 City of Roanoke 59 City of Roanoke-Department of Social Services 59 Council of Community Services 6o Family Promise of Greater Roanoke 61 Goodwill Industries of the Valleys 62 Habitat for Humanity in the Roanoke Valley 62 Lead Safe Roanoke 63 Aid Society of Roanoke Valley 64 Local Office on Aging 65 Parole&Probation District#15 65 RAM House, Roanoke Area Ministries 66 Roanoke City and Alleghany Health Districts 67 Parks&Recreation 68 Redevelopment and Housing Authority 68 Systems, Inc. 69 VA Medical Center 69 Salvation Army of Roanoke VA 7o Straight Street Ministries 71 Systems Inc 71 Action for Progress(TAP) 72 Least of These Ministries 73 Valley Metro—Roanoke,Virginia 74 Career Works 75 Virginia Harm Reduction Coalition 76 Western Virginia Water Authority 77 VIOLATIONS AND ENFORCEMENT OF FAIR HOUSING 79 Housing Discrimination Complaints filed with State and Federal Organizations 79 Actions for a Violation 79 HUD-Multifamily Housing Complaint Line 80 ROANOKE PRIORITIES FOR COMMUNITY CHANGE 81 Moving Forward as an Equitable City 82 Priority One:Trust 84 Policy is Remove legal elements of institutional or structural bias 84 Policy 2: Lead community healing 84 Priority Two:Break the Cycle of Poverty 86 Policy 1: Establish neighborhood-adjacent districts as the priority areas for job creation 86 Policy 2:Provide supportive interventions strategically 86 Policy 3: Provide schools that serve low-and moderate-income neighborhoods with additional programs and resources to enable students to perform on equal footing with students in other schools 87 Policy 4: Provide quality education for all residents. 88 City of Roanoke Analysis of Impediments to Fair Housing Choice 3 PUBLIC AND PRIVATE SECTOR 89 Fair Housing Enforcement 89 Informational Programs 89 CONCLUSIONS AND RECOMMENDATIONS 90 Impediments to Fair Housing Choice and Action Steps 91 IMPEDIMENT#1-Lack Familiarity with Fair Housing Act 91 IMPEDIMENT#2-Lack of informational and outreach activities 92 IMPEDIMENT#3-Lack of record maintenance of fair housing activities 92 APPENDIX B-Housing and Related Laws 93 Statutes 95 Executive Orders 97 Regulations 98 1 City of Roanoke Analysis of Impediments to Fair Housing Choice 4 Introduction and Executive Summary Executive Summary The City of Roanoke receives an annual allocation from the US Department of Housing and Urban Development's Community Development Block Grant (CDBG) program. In fiscal year 2022, the City's HUD entitlement grants totaled $2,735,071.00. The HUD Community Planning and Development (CPD) program contains a regulatory requirement to affirmatively further fair housing based upon HUD's obligation under Section 808 of the Fair Housing Act. HUD defines impediments to fair housing choice as: 1. Any actions, omissions, or decisions taken because of race, color, religion, sex, disability, familial status, or national origin which restrict housing choices or the availability of housing choices 2. Any actions, omissions, or decisions which have the effect of restricting housing choices or the availability of housing choices on the basis of race, color, religion, sex, disability, familial status, or national origin. The State of Virginia's Fair Housing Law also has additional protections based on source of funds, sexual orientation, gender identity, and military status. The CDBG regulation also reflects the CDBG statutory requirement that grantees certify that they will affirmatively further fair housing. HUD's goal is to expand mobility and widen a person's freedom of choice. The City of Roanoke will: 1. Conduct an analysis to identify impediments to fair housing choice within the jurisdiction 2. Take appropriate actions to overcome the effects of any impediments identified through the analysis 3. Maintain records reflecting the analysis and actions taken in this regard. The City of Roanoke is dedicated to implementing these objectives and will: • Analyze and work to eliminate housing discrimination in the jurisdiction • Form policy to better support fair and equitable housing • Promote fair housing for all persons City of Roanoke Analysis of Impediments to Fair Housing Choice 5 • Provide opportunities for inclusive patterns of housing occupancy regardless of race, color, religion, sex, familial status, disability, national origin, source of funds, sexual orientation, sexual identity and military status • Promote housing that is structurally accessible to, and usable by, all persons, particularly persons with disabilities • Foster compliance with the nondiscrimination provision of the Fair Housing Act. This document will provide: • A comprehensive review of the City of Roanoke's laws, regulations, and administrative processes, procedures, and practices • An assessment of how those laws, etc. affect the location, availability, and accessibility of housing • An assessment of conditions, both public and private, affecting fair housing choice for all protected classes Although the City's obligation arises in connection with the receipt of Federal funding, its fair housing obligation is not restricted to the design and operation of HUD-funded programs at the local level.The fair housing obligation extends to all housing and housing-related activities in the City of Roanoke's jurisdictional area whether publicly or privately funded. This report provides the City of Roanoke with a roadmap to enable the City to continue to address and remedy any challenges that residents may experience that impact their access to fair and affordable housing. As mounting social science research confirms the significant role that housing location plays in enabling people to access and make the most of educational, economic, employment, and social opportunities, it is clear that access to fair and affordable housing policy is critical to ensuring a promising future for every resident of City of Roanoke. The goal of the City in conducting the AI is not only to identify and provide solutions to barriers and impediments to fair housing, but also to provide a structure for on-going dialogue, relationships, and greater housing choice throughout the community. Open communication and strong relationships are necessary to ensure a continuous exchange of ideas, concerns, analysis, and evaluation. Ultimately, sustained fair housing practices and opportunities will only be realized when a fair housing commitment reverberates throughout all segments of the City. Who Conducted Resource Consultants assisted City of Roanoke with the preparation of this Analysis of Impediments to Fair Housing Choice (AI). City of Roanoke Analysis of Impediments to Fair Housing Choice 6 Methodology The HUD's "Fair Housing Planning Guide, Volume 1" was used to direct the Al. The Al is undertaken to determine what types of impediments to fair housing choice may exist within the City of Roanoke. It should be considered the foundation for developing the City's Fair Housing Plan to address any impediments. The Al provides detailed information for policy makers, administrative staff, housing providers, housing advocates and civil rights organizations as well. The Al includes background information, statistical data, and a review of laws, policies and complaint. It details community perception, identifies available resources, and it lists specific impediments to fair housing choice. Also, the Al provides recommendations to address the impediments identified during the Al process. The purpose of this Al is to: • Review of the City's laws, regulations, administrative policies, procedures and practices with regard to fair housing; • Assess how laws, regulations, policies, and procedures affect the location, availability, and accessibility of housing; and • Assess public and private sector conditions affecting fair housing choice. Funding The City receives an annual entitlement of funding through the HUD Community Planning and Development program and utilized Community Development Block Grant (CDBG) administrative funds to pay for the Analysis of Impediments to Fair Housing Choice (AI.) The Al is funded fully through HUD CDBG allocation that is designated for program administration and studies. The City of Roanoke receives federal financial assistance from HUD and must prepare and submit a five-year Consolidated Plan for Housing and Community Development to HUD. The Consolidated Plan identifies the community's housing goals which HUD uses to evaluate the plan's success. Together the Al and the Consolidated Plan provide a guide for the jurisdiction's expenditure of HUD entitlement grant funding. 4 City of Roanoke Analysis of Impediments to Fair Housing Choice 7 Conclusions As a recipient of HUD CDBG entitlement funds, the City is committed to Affirmatively Further Fair Choices for all residents. This Al has provided an assessment of the City of Roanoke's population demographics, employment trends, housing market conditions, educational attainment, housing needs, which provides a framework to identify impediments to fair housing choice and corrective actions. Although many issues that affect fair housing choice have been identified,the City is limited in resources and ability to impact all areas. The City of Roanoke recognizes the following impediments which may have a direct and substantial impact on fair housing choice and are within the City's ability to impact. Furthermore,the City has identified action steps to address the areas of impediments. IMPEDIMENT #1 — Lack of Familiarity with Fair Housing Act Many landlords are not aware of their responsibilities to provide "reasonable accommodations" as required by the Fair Housing Act. Under the Fair Housing Act, housing providers must make "reasonable accommodations in rules, policies practices, or services when such accommodations may be necessary to afford a person with a disability the equal opportunity to use and enjoy a dwelling." Survey respondents and community stakeholders provided examples of fair housing violations where residents of protected classes did not have the same opportunities to rent or purchasing house. Goal: Increase awareness and compliance with Fair Housing laws. Recommended Action Items: • Continue working with Virginia Housing Office - DPOR to promote fair housing educational opportunities. • Continue to promote April as Fair Housing Month to increase the public's awareness of the Fair Housing Act. Display posters at the City of Roanoke offices and provide posters to partners. Provide fair housing posters to housing development agencies, banks, mortgage businesses, RRHA. • Utilize the FHEO logo in City's documents to raise awareness of Fair Housing. • Provide citizens with fair housing information utilizing the Fair Housing and Housing Affordability outreach flyers. City of Roanoke Analysis of Impediments to Fair Housing Choice 8 • Promote renters' advocacy groups and when necessary, refer them to the Virginia Fair Housing Center legal counsel. IMPEDIMENT #2 — Lack of informational and outreach activities Community feedback and input from residents in the Community Needs Survey consistently focused on the challenges faced by people renting housing. Residents often do not know what their rights are and how to file a complaint. Goal: Provide greater outreach and support to residents experiencing fair housing violations. Recommended Action Items • Ask CDBG subrecipients and community partners to distribute information to all of their clients on Fair Housing and how to make a fair housing complaint. • Target outreach to reach protected classes. • Work with the Roanoke Fair Housing Board, area stakeholders, and HUD subrecipients to coordinate outreach efforts. For example, in one month everyone coordinates a fair housing message about how to file a complaint or focusing on outreach to one protected class of residents. IMPEDIMENT #3 — Lack of record maintenance of fair housing activities The City of Roanoke has consistent record maintenance of for fair housing activities. The City can improve upon record keeping as one way to measure the effectiveness of fair housing programs and need within the community. Recommended Action Items Record keeping is best when it tracks; • Call log of any residents calling with fair housing concerns or complaints • Actions taken to eliminate identified impediments • Description of the financial and in-kind support for fair housing projects • Integration of identified impediments and progress to address impediments into the Annual Action Plan and CAPER process. City of Roanoke Analysis of Impediments to Fair Housing Choice 9 1 D o. m D rn E vi D c v, 0 0 0 0 0 0 0 fD v to -p - it No - - 3 - o_ n o rD ,, w c c a a _ a �' rD _ n oo rn a a o a a a a C o 0 r+ •jV '< DQ rLi, .G 0 ? ? C Z Z Z NO �_ CD 0 rn ID o o Nuo ti' ai O r1 ro r1 ro r. 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O 0_ O LC) r•r Housing Stock Housing Occupancy Estimate Percent Total housing units 46,991 46,991 Occupied housing units 41,694 88.7% Vacant housing units 5,297 11.3% Roanoke has a substantial amount of vacant housing accounting for an estimated 5,297 housing units. Housing Tenure Estimate Percent Occupied housing units 41,694 41,694 Owner-occupied 21,792 52.3% Renter-occupied 19,902 47.7% The City is relatively evenly distributed between owner occupied (52%) and renter-occupied housing (38%). Units in Structure Estimate Percent Total housing units 46,991 46,991 1-unit, detached 29,539 62.9% 1-unit, attached 2,650 5.6% 2 units 2,804 6.0% 3 or 4 units 1,776 3.8% 5 to 9 units 2,754 5.9% 10 to 19 units 4,335 9.2% 20 or more units 2,921 6.2% Mobile home 212 0.5% Boat, RV, van, etc. 0 0.0% Roanoke's housing stock is comprised over 1-unit detached homes (63%) and housing units with over 10 or more units (15%). 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's}uawuaano2 !ego! 'saTels se gans aDuels!sse lepueu!4 leaapa4 Jo sTua!d!aaa paa!nbaa sal af1H 'sapeDap ao j 8E •uo!lepowwoaae ailgnd 4o saaeld aseal JO 'aieaado 'LMo sa!ii ua aaenud Aq pue sa!mua a!lgnd jo sa!l!n!pe pue 'saa!naas 'sweiSoad lie u! Amges!p jo s!seq uo uoileuppos!p l!q!goad lay sam!ges!Q qT!M sueouawv aLi44o III pUe II salt!' •aouels!sse lepueuij leaapa4 8u!n!aaaa Alin!pe JO weiSoad Aue u! Amgeslp 4o s!seq aLil uo uo!leu!wpos!p sl!q!goad dab'uogojijigoyaa agfo b05 uoq as •swa}sAs an!Panpoadaa pue 'Ielala)isolnosnw 'oileydwA1 'o!waq 'auuoopua 'aelnaseno!paeo 'u!eiq 'leo!Soloanau 'aappeiq 'IaMoq 'Aaeuuno;!uaa 'anqsaa!p pue 'gPMoa2 Ilan iewiou 'u!)ls pue sueSio asuas leiaads 'walsAs aunww! jo suoi}oun4 aw se Lions 'sa!}!n!pe AI!poq aofew 4o uo!Leaado aql apnpu! osie sawn!pe a4!I aofeA •1s!I s!Lil uo 1ou aae sap!nnae a4!I iofew Jaw aae aiagl•jiasauo aoJ 8uueo pue ienuew Su!uaao4aad '2u!uaeal '8upIaoM '2u!LiIeaaq '2ulaas 'Suueaq 'Su!leads 'SupIleM 'aidwexa.io j 'apnpu! sa!L!nipe a4!I aofBLN oil Aliep luelaodw! aae fey}sawn!pe asogl sapnpu! „sa!;!n!}ae aJ!i .iofew,, uaaa� aql •suo!pun4 Alipoq JO sapin!pe a4!l aofew Palle suo!Ilpuoo JO saseasip aatm JO 'ssaull! '(Aanfu! uieaq JO 'Asdal!da 'Asied leagaaao 'aseasip s,uosuDlaed '•2•a) sTuawi!edw! leo!Soloanau '(wspne 4o sadAl awos Su!pnpu!) sluawi!edw! lenpallalu! se Lions 'spajja.io swoldwAs algenaasqo ql!M sluawi!edw!4o sad Al pue 'suoi}el!w!I Ai!I!gow '2u!aeaL 4o peg Su!aq JO ssau4eap 'uo!s!n MoI JO ssaupu!lq 'oi pal!uail 'apnpu! Aew sluawi!edw! algenaasgp •aigis!nu! aq Aew al!gM 'algenaasqo AI!peaa aae sluawi!edw! awos •uas!logoale pue 'uo!p!ppe snip 'ssaull! leluaw 'sapi!ges!p le}uawdolanap '(AIH) snap Aouaio!japounwwi uewnH 'salage!p 'aseas!p}aeay 'aaaueo 'sisoiaps ald!l!nw 'Agdoi sAp aelnosnw 'Asdai!da 'ws!lne 'Asied leigaiao 'sluawi!edw! Supeaq pue goaads 'Iens!n `o!padoglao se Lions suo!l!puoa Jo saidwexa 'o} pa;iwll }ou Si }nq 'sapnpu! luawi!edw! !e;uaw .io lea!sAgd a 'leaauaS uf quawi!edw! ue Lions 2ulneq se papaeSaa s! oLiM lenp!n!pul •£ JO '}uauaa!edw! Lions 4o paoaaa e Ienp!n!pul •Z saiI!n!pe a4!I aofew aaow JO auo sliwu AIle1;uelsgns }uawi!edw! leluaw JO lea!sAgd e Li}!M lenp!n!pul •Z Aue apnpu! o}A2!i!ges!p e q2!M uosaad a auipap sMel uo!Leu!w!aos!puou leaapad •Aii iges!p 4o asneoaq suo!pesueal palelaa-Su!snoq pue Su!snoq u! uo!leuiwuos!p sllq!goad p''Su!snoH a!e j aql •sap!n!pe pue sweiSoad Su!snoq pals!sse-AlleaapaJ Jagpo pue '2u!snoq o!!gnd 'Su!snoq luawuaanoS leaol pue awls '2u!snoq alenud }sow u! Aidde suo!paload asagl •sapil!gesgo ql!M sIenp!n!pu! ao4 suo!}aa}oad Su!snoq ap!noad sMel uo!;eu!w!aas!puou leaapad Amgesia - Pd 2u!snoH aie j Section 504 of the Rehabilitation Act provides that no qualified individual with disabilities should, solely by reason of their disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. Section 504 covers all programs and activities of recipients of HUD financial assistance, including, for example: • Outreach and public contact, including contact with program applicants and participants • Eligibility criteria • Application process • Admission to the program • Tenancy, including eviction • Service delivery • Physical accessibility of facilities The Americans with Disabilities Act (ADA) The ADA is a comprehensive civil rights law for persons with disabilities. Title II of the ADA prohibits discrimination on the basis of disability in all programs, services, and activities provided or made available by public entities (state and local governments and special purpose districts). This includes housing when provided or made available by a public entity regardless of whether the entity receives federal financial assistance. For example, housing covered by Title II of the ADA includes housing operated by public housing agencies that meet the ADA's definition of"public entity," and housing operated by States or units of local government, such as housing on a State university campus. Title III of the ADA prohibits private entities that own, lease (to and from), an operate places of public accommodation from discriminating on the basis of disability and requires places of public accommodation and commercial facilities to be designed, constructed, and altered in compliance with established accessibility standards. Public accommodations at housing developments include public areas open to the general public, such as a rental office. Public accommodations would also include, for example, shelters and social service establishments. Sexual Harassment Sexual harassment in housing is a form of sex discrimination prohibited by the Fair Housing Act. Sex discrimination is also prohibited by other federal laws, such as Section 109 of the Housing and Community Development Act of 1974 and Title IX of Education Amendments of 1972. 39 There are two main types of sexual harassment: (1) quid pro quo sexual harassment; and (2) hostile environment sexual harassment. Quid Pro Quo Quid pro quo harassment occurs when a housing provider requires a person to submit to an unwelcome request to engage in sexual conduct as a condition of obtaining or maintaining housing or housing-related services. Hostile Environment Hostile environment harassment occurs when a housing provider subjects a person to severe or pervasive unwelcome sexual conduct that interferes with the sale, rental, availability, or terms, conditions, or privileges of housing or housing-related services, including financing. Reasonable Accommodations and Modifications Rights and Obligations Under Federal Law Various federal laws require housing providers to make reasonable accommodations and reasonable modifications for individuals with disabilities. Federal nondiscrimination laws that protect against disability discrimination cover not only tenants and home seekers with disabilities, but also buyers and renters without disabilities who live or are associated with individuals with disabilities. These laws also prohibit housing providers from refusing residency to persons with disabilities, or placing conditions on their residency, because they require reasonable accommodations or modifications. The Fair Housing Act Under the Fair Housing Act a reasonable accommodation is a change, exception, or adjustment to a rule, policy, practice, or service. The Fair Housing Act makes it unlawful to refuse to make reasonable accommodations to rules, policies, practices, or services when such accommodations may be necessary to afford persons with disabilities an equal opportunity to use and enjoy a dwelling and public and common use areas. In addition, the Fair Housing Act prohibits a housing provider from refusing to permit, at the expense of the person with a disability, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises. Section 504 Unlike the Fair Housing Act, Section 504 does not distinguish between reasonable accommodations and reasonable modifications. Instead, both are captured by the term "reasonable accommodations". Under Section 504, the requirement to make reasonable accommodations applies to any changes that 40 may be necessary to provide equal opportunity to participate in any federally-assisted program or activity. This includes a change, adaptation or modification to a policy, program, service, facility, or workplace which will allow a qualified person with a disability to participate fully in a program, take advantage of a service, live in housing, or perform a job. Reasonable accommodations also include any structural changes that may be necessary. Reasonable accommodations may include changes which may be necessary in order for the person with a disability to use and enjoy a dwelling, including public and common use spaces, or participate in the federally- assisted program or activity. Under Section 504, reasonable accommodations must be provided and paid for by the housing provider unless providing them would be an undue financial and administrative burden or a fundamental alteration of the program. In such cases, the provider is still required to provide any other reasonable accommodation up to the point that would not result in an undue financial and administrative burden on the particular recipient and/or constitute a fundamental alteration of the program. In addition to the statutory requirement to make reasonable accommodations under Section 504, HUD's Section 504 regulation provides for making "housing adjustments" at 24 C.F.R. § 8.33. Americans with Disabilities Act (ADA) Similar to and based upon the Section 504 reasonable accommodation requirement, Titles II and III of the ADA require public entities and public accommodations to make reasonable modifications to policies, practices, or procedures to avoid discrimination. This obligation applies unless the public entity can demonstrate that the modifications would fundamentally alter the nature of its service, program, or activity (Title II), or the public accommodation can demonstrate that making the modifications would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, or accommodations (Title III). Reasonable Accommodations A reasonable accommodation is a change, exception, or adjustment to a rule, policy, practice, or service that may be necessary for a person with disabilities to have an equal opportunity to use and enjoy a dwelling, including public and common use spaces, or to fulfill their program obligations. Please note that the ADA often refers to these types of accommodations as "modifications." Any change in the way things are customarily done that enables a person with disabilities to enjoy housing opportunities or to meet program requirements is a reasonable accommodation. In other words, reasonable accommodations eliminate barriers that prevent persons with disabilities from fully participating in housing opportunities, including both private housing and in federally-assisted programs or activities. Housing providers may not require persons with disabilities to pay extra fees or deposits or place any other special conditions or requirements as a condition of receiving a reasonable accommodation. 41 Since rules, policies, practices, and services may have a different effect on persons with disabilities than on other persons, treating persons with disabilities exactly the same as others will sometimes deny persons with disabilities an equal opportunity to enjoy a dwelling or participate in the program. Not all persons with disabilities will have a need to request a reasonable accommodation. However, all persons with disabilities have a right to request or be provided a reasonable accommodation at any time. Under Section 504 and the ADA, public housing agencies, other federally-assisted housing providers, and state or local government entities are required to provide and pay for structural modifications as reasonable accommodations/modifications. Reasonable Modifications Under the Fair Housing Act, a reasonable modification is a structural change made to existing premises, occupied or to be occupied by a person with a disability, in order to afford such person full enjoyment of the premises. Reasonable modifications can include structural changes to interiors and exteriors of dwellings and to common and public use areas. Examples include the installation of a ramp into a building, lowering the entry threshold of a unit, or the installation of grab bars in a bathroom. Under the Fair Housing Act, prohibited discrimination includes a refusal to permit, at the expense of the person with a disability, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises. Under Section 504, a housing provider is required to provide and pay for the structural modification as a reasonable accommodation unless it amounts to an undue financial and administrative burden or a fundamental alteration of the program. If an undue burden or fundamental alteration exists, the recipient is still required to provide any other reasonable accommodation up to the point that would not result in an undue financial and administrative burden on the particular recipient and/or constitute a fundamental alteration of the program. Examples include: • Assigning an accessible parking space for a person with a mobility impairment • Permitting a tenant to transfer to a ground-floor unit • Adjusting a rent payment schedule to accommodate when an individual receives income assistance • Adding a grab bar to a tenant's bathroom • Permitting an applicant to submit a housing application via a different means 42 • Permitting an assistance animal in a "no pets" building for a person who is deaf, blind, has seizures, or has a mental disability. The requirement to provide reasonable accommodations and modifications applies to, but is not limited to individuals, corporations, associations and others involved in the provision of housing or residential lending, including property owners, housing managers, homeowners and condominium associations, lenders, real estate agents, and brokerage services. This also applies to state and local governments, including in the context of exclusionary zoning or other land-use decisions. A provider is entitled to obtain information that is necessary to evaluate if a requested reasonable accommodation or modification may be necessary because of a disability. If a person's disability is obvious, readily apparent, or otherwise known to the provider, and if the need for the requested accommodation or modification is also readily apparent or known, then the provider may not request any additional information. If the disability and/or the disability- related need for the requested accommodation or modification is not known or obvious, the provider may request only information that is necessary to evaluate the disability and/or disability-related need for the accommodation. This information may be from the requesting individual, medical professional, a peer support group, a non- medical service agency, or a reliable third party who is in a position to know about the individual's disability. In most cases, an individual's medical records or detailed information about the nature of a person's disability is not necessary for this inquiry and may be inappropriate. A housing provider can deny a request for a reasonable accommodation or modification if the request was not made by or on behalf of a person with a disability or if there is no disability- related need for the accommodation or modification. In addition, a request for a reasonable accommodation or modification may be denied if providing the accommodation or modification would impose an undue financial and administrative burden on the housing provider or it would fundamentally alter the nature of the housing provider's program. The determination of undue financial and administrative burden must be made on a case-by-case basis involving various factors. If an undue burden or fundamental alteration exists, the housing provider is still required to provide any other reasonable accommodation up to the point that would not result in an undue financial and administrative burden on the particular housing provider and/or constitute a fundamental alteration of the program. When a housing provider denies a requested accommodation or modification, the provider should discuss with the requester whether there is an alternative accommodation or modification that would effectively address the requester's disability-related needs without a fundamental alteration to the provider's operations and without imposing an undue financial and administrative burden. As part of this interactive process, the housing provider should recognize that the individual requesting the accommodation or modification is most familiar with his or her disability and is in the best position to determine what type of aid or service will be effective to meet a disability-related need. These 43 discussions often result in an effective accommodation or modification for the requester that does not pose an undue financial and administrative burden for the provider. A provider has an obligation to provide prompt responses to reasonable accommodation requests. An undue delay in responding to a reasonable accommodation request may be deemed to be a failure to provide a reasonable accommodation. A failure to reach an agreement on an accommodation request is in effect a decision by the provider not to grant the requested accommodation. 44 Limited English Proficiency For persons who, as a result of national origin, do not speak English as their primary language and who have a limited ability to speak, read, write, or understand English. For purposes of Title VI and the Limited English Proficient (LEP) Guidance, persons may be entitled to language assistance with respect to a particular service, benefit, or encounter. Title VI of the Civil Rights Act of 1964 is the federal law that protects individuals from discrimination on the basis of their race, color, or national origin in programs that receive federal financial assistance. In certain situations, failure to ensure that persons who are LEP can effectively participate in, or benefit from, federally assisted programs may violate Title VI's prohibition against national origin discrimination. EO 13166, signed on August 11, 2000, directs all federal agencies, including the Department of Housing and Urban Development (HUD), to work to ensure that programs receiving federal financial assistance provide meaningful access to LEP persons. Pursuant to EO 13166, the meaningful access requirement of the Title VI regulations and the four-factor analysis set forth in the Department of Justice (DOJ) LEP Guidance apply to the programs and activities of federal agencies, including HUD. In addition, EO 13166 requires federal agencies to issue LEP Guidance to assist their federally assisted recipients in providing such meaningful access to their programs. This Guidance must be consistent with the DOJ Guidance. Each federal agency is required to specifically tailor the general standards established in DOJ's Guidance to its federally assisted recipients. On December 19, 2003, HUD published such proposed Guidance. Federally assisted recipients are required to make reasonable efforts to provide language assistance to ensure meaningful access for LEP persons to the recipient's programs and activities. To do this, the recipient should: 1. Conduct the four-factor analysis; 2. Develop a Language Access Plan (LAP); and 3. Provide appropriate language assistance. The actions that the recipient may be expected to take to meet its LEP obligations depend upon the results of the four-factor analysis including the services the recipient offers, the community the recipient serves, the resources the recipient possesses, and the costs of various language service options. All organizations would ensure nondiscrimination by taking reasonable steps to ensure meaningful access for persons who are LEP. 45 HUD recognizes that some projects' budgets and resources are constrained by contracts and agreements with HUD. These constraints may impose a material burden upon the projects. Where a HUD recipient can demonstrate such a material burden, HUD views this as a critical item in the consideration of costs in the four-factor analysis. However, refusing to serve LEP persons or not adequately serving or delaying services to LEP persons would violate Title VI. The agency may, for example, have a contract with another organization to supply an interpreter when needed; use a telephone service line interpreter; or, if it would not impose an undue burden, or delay or deny meaningful access to the client, the agency may seek the assistance of another agency in the same community with bilingual staff to help provide oral interpretation service. If a person believes that a HUD federally assisted recipient is not taking reasonable steps to ensure meaningful access to LEP persons, that individual may file a complaint with HUD's local Office of Fair Housing and Equal Opportunity (FHEO). 46 Virginia Fair Housing Office Federal and state fair housing laws protect people from discrimination when trying to rent an apartment, buy a house, obtain a mortgage, or purchase homeowner's insurance. Fair housing requirements apply to all housing providers: property managers, owners, landlords, real estate agents, banks, savings institutions, credit unions, insurance companies, mortgage lenders, and appraisers. The Virginia Fair Housing Board administers and enforces the Fair Housing Law, although the Real Estate Board is responsible for fair housing cases involving real estate licensees or their employees. Each Board investigates housing discrimination through the Fair Housing Office, which receives an average of 180 complaints each year. The majority of complaints involve disability and racial discrimination, while familial status complaints continue to rise. Virginia's Fair Housing Law makes it illegal to discriminate in residential housing on the basis of; • Race, • Color, • Religion, • National origin, • Sex, • Elderliness, • Familial status, • Disability, • Source of funds, • Sexual orientation, • Gender identity, or • Military status. The law prohibits applying one standard to one class of individuals while applying a different standard to another class of individuals. Virginia's Fair Housing Law and Regulations apply to; 1. Rental transactions (trying to rent an apartment or house), 2. Sales transactions (trying to purchase a home), 3. Financing transactions (trying to obtain a mortgage), 4. Insurance transactions (trying to obtain homeowners or rental insurance), 47 5. Advertising transactions (how individuals, companies and newspapers advertise about rental vacancies or homes for sale). Virginia Fair Housing Law applies everyone involved in transactions such as the rental or sale of residences, the financing of the sale of a new home or the refinancing of an existing mortgage, the construction of new multifamily housing consisting of 4 or more units, the appraising of a home, or advertising related to the housing industry. Historically, most housing complaints have been based on race. Complaints based on disability, however, continue to increase and may eventually displace race as the most frequent topic of housing discrimination complaints. Complaints based on familial status are generally the third most common type of housing complaint. Examples of Protected Classes Covered by the State of Virginia Race It would be illegal to deny someone a housing opportunity because they are black or white. Color Some people have darker complexions than others. If would be illegal to deny someone a housing opportunity on that basis. Religion A housing provider could not refuse to sell or rent to someone because they practice Islam or Christianity. National origin A housing provider could not refuse to sell or rent to someone because they are Asian or Jewish. Sex Except for shared living spaces, it would be illegal to rent to one sex(gender)and not the other. For more information on sexual discrimination, visit the Sexual and Non-Sexual Discrimination page. Elderliness Elderliness means an individual who has attained their 55th birthday. Under this protected class, a housing provider could not deny a housing opportunity to someone because they are age 55 or older. Familial status Familial status means having children who are under age 18. Unless a facility is a senior/retirement facility, it may not refuse to rent to families with children. Senior and retirement facilities for individuals over age 55 or 62 may, however, lawfully refuse to rent to families with children. 48 In terms of occupancy standards, as they relate to families and children, the general guideline is that housing providers should allow at least two people per bedroom. In some circumstances, landlords should allow more than two people per bedroom, while in other circumstances a bedroom and the total living space would not accommodate two people in every bedroom. Housing providers should also not dictate in which bedrooms younger children of different sexes sleep, as this is a parental matter. Nor should a housing provider dictate what floor families with children should live on. Disability The law also makes it illegal to deny housing opportunities to individuals with disabilities. For information about housing and disabilities see Housing and People with Disabilities. Source of Funds Any source that lawfully provides funds to or on behalf of a renter or buyer of housing, including any assistance, benefit, or subsidy program. Sexual Orientation Aperson's actual or perceived heterosexuality, bisexuality, or homosexuality. Gender Identity The gender-related identity, appearance, or other gender-related characteristics of an individual, with or without regard to the individual's designated sex at birth. Military Status A member of the uniformed forces or reserves, a veteran, or a dependent as defined under the law. Non-Protected Classes Several groups are not protected under either the state or federal fair housing law. For example, students, smokers, and unmarried couples (marital status) are also not protected, groups. However, these classes may be protected under a local ordinance. The Virginia Fair Housing Law also includes some newer protections. • Hoarding is a disability that will require housing providers to offer reasonable accommodations to residents who hoard. (2013) • Disparate Impact Standard is now a recognized theory used to evaluate some housing discrimination complaints. (2015) • Criminal records generally as a policy cannot be used as the sole reason for denying housing. (2016) (except as noted in 36-96.2D) • Harassment of residents based on any of the protected classes is not allowed under fair 4 housing laws. 49 Filing a Complaint with the Virginia Fair Housing Office The Fair Housing Office is responsible for investigating housing discrimination complaints. Complaints must be filed in writing within one year after the alleged discriminatory housing practice occurred or terminated. Once the Fair Housing Office accepts a complaint for investigation, the complaint is assigned to an investigator. The purpose of the investigation is to gather facts about the complaint. An investigator generally interviews the complainant, the respondent, and relevant witnesses. The investigator may also review documents and records. During the investigative process, a trained professional from the Alternative Dispute Resolution Section coordinates the conciliation process. Conciliation is a voluntary process in which the parties attempt to resolve the complaint by agreeing to mutually acceptable terms. If conciliation is successful,the investigation will be suspended. If conciliation is unsuccessful, or if one of the parties does not want to attempt conciliation,the investigation continues until it is complete. After the investigation is complete, the investigator writes a final investigative report (FIR). The FIR summarizes the information obtained during the investigation, including contacts with the complainant and respondent, witnesses' statements, and records obtained and examined during the investigation. The FIR is presented to the Fair Housing Board (or the Real Estate Board for complaints involving real estate licensees or their employees) at its next regularly scheduled meeting. If conciliation is successful and both parties reach an agreement, the Board may vote to accept the conciliation agreement. If conciliation is unsuccessful in resolving the complaint, or if the Board fails to accept an agreement, the Board will either dismiss the complaint or determine if reasonable cause exists to support a charge of discrimination. In cases where the Board determines reasonable cause and issues a charge of discrimination,the Attorney General's Office brings civil suit in circuit court seeking relief for the complainant. If the Board dismisses the complaint, both parties will be notified in writing that no further action will be taken. If the Board issues a charge of discrimination,the charge is immediately referred to the Attorney General's Office for further action, and both parties wil► be notified accordingly in writing. 50 City of Roanoke Housing Survey City of Roanoke distributed a housing survey to residents between July and September 2022 to assess whether residents were informed about fair housing rights, whether they had experienced discrimination in attaining housing, and how they chose to deal with discriminatory practices. The City received 425 survey responses. • 5% of survey respondents utilized the Spanish survey. • 46% of respondents had a primary residence in Roanoke. 30%were renters. 57%work in the City of Roanoke, and 3% own commercial or rental property in the City. • 73% of respondents identified as White, and 17% identified as B►ack/African American 4.2% of respondents identified as Hispanic or Latino. • Response for by age were evenly distributes between the age groups of 30-74 years; 30-39 yrs (24%), 40-49 yrs (22%), 50-61 yrs (20%) 62-74 yrs (20%). 10%of respondents were 18- 29 and 3%were over 75 years old. • 24% of respondents identified that they are living with a disability. • 70% of respondents were female. • 68% stated that their sexual orientation was heterosexual. • 8% stated that they had served in the US military. • Survey respondents reported their household income. 50% indicated that their household income was low-to moderate-income. Generally, residents in Roanoke stated that they were aware of fair housing requirements and that housing discrimination is not an issue. • 90% of respondents answered that they were aware of basic fair housing requirements. • 10%of respondents answered that they believe that housing discrimination is an issue in Roanoke. When asked, "Do you believe housing discrimination is an issue in Roanoke?" 51%of respondents answered yes. Additionally, a significant portion of respondents reported that housing discrimination was something that they had personally experienced. • 15% of respondents stated that they had experienced housing discrimination. • 20% of respondents stated that they knew someone who experienced housing 4 discrimination. II I 4 51 The most common housing discrimination reported in survey results centered around rental housing. • 59% of respondents stated that there are "housing providers who refused to rent or deal with a resident". • 39% of respondents stated that the "Real Estate agent directed people to certain neighborhoods". • 29% of respondents stated that "housing provider falsely denied that housing was available." • 22% of respondents stated "housing provider refused to make reasonable accommodations for a tenant with disabilities." When asked "On what basis do you believe you or someone you know were discriminated against?" the survey results showed that race and color are some of the most common reasons for fair housing discrimination. The top responses based on the percentage of respondents for the basis of their discrimination included; • 60% race or ethnicity • 34% color • 45% source of funds • 26%familial status • 26% disability • 20% age • 19% sexual orientation • 15% sex • 12%gender identity • 12% elderliness The survey responses showed that respondents were unlikely to report housing discrimination because they did not believe it would help or know how to file a complaint. Only 22% of respondents who stated they had experienced housing discrimination stated that they reported the incident. • 51% of respondents who experience fair housing discrimination stated that they did not believe filing a complaint would make a difference. • 30%of respondents who experience fair housing discrimination stated that they did not know where to file a complaint. • 21% of respondents who experience fair housing discrimination stated that filing a complaint was too much trouble. • 10% of respondents who experience fair housing discrimination stated that they were afraid of retaliation if they filed a complaint. 52 Sampling of comments from the Roanoke Community Survey These are a sample of comments received from respondents of the Roanoke Community Survey to fair housing questions. Comments are copied from responses with no editing. The comments are anonymous and any allegations of fair housing violations are unsubstantiated. However, looking at community survey response, it is clear that there are fair housing violations happening in Roanoke. Do you believe housing discrimination is an issue in Roanoke? • Landlords don't accept vouchers • Neighborhoods are not accepting, likely will experience deliberate attempts to prevent move in or queer people, or people of color. • In certain areas like the county and SW county. As a black woman I feel white people in those areas try to keep black people out. Had it happen to me a lot. When I go back to the neighborhood to see if the house is still available, I see a white family living there. This occurs a lot here. • I believe elderly, low-income, and single parents have a much harder time finding housing. • As someone staying at the Rescue Mission, I feel like a lot of places automatically decide not to rent to me because of that. Even though I have the rehousing grants and I'm trying to better my situation, it feels like the desk is stacked against me. • Income-based discrimination; discrimination against people with mental health challenges; racial discrimination are all areas that I've seen in Roanoke. • I often speak to individuals who are looking to purchase because of challenges they face with landlords. • I used to be a case manager that helped ex-offenders find housing, and many landlords in Roanoke are racist against African Americans or will not rent to them in homes in NW neighborhood. • people with disabilities cannot find ADA compliant housing, no affordable housing for those of SSDI • based on demographics and the majority of minorities living in the NW corridor of the city • LGBTQ, low income and criminal back-ground people have a harder time finding housing, and are not protected classes. • There is still a racial divide in the city. • Many housing complexes in Roanoke are segregated. Ex. NW (black), SE (white) • I was personally discriminated against cause I receive disability income, landlord said that they would not count that as income so me and wife together didn't meet the landlords standards and have to move out of the area and we had even got the landlords information from a community housing list, landlords are just wanting the section 8 and are taking advantage of that by raising rents even higher. • Many independent and section 8 resources are not wheelchair accessible, won't take people with mental difficulties, or are in terrible shape (infestations, poor construction, leaks, etc.) • some places won't rent based on skin color 53 • I have had landlords say to me they do not rent to blacks. • I had an experience when I first looked for the house to rent. Have you or someone you know encountered housing discrimination? • Was called faggot by neighbors • Not wanting to accept my rapid rehousing grant as valid • Their neighbor's harass them for sexual orientation. Police did nothing to assist. Vandalized property with spray paint. • Housing provider did not return calls. Over the phone unit was available but in person within hours it was rented; also with deposit made, a unit was given to another person before this applicant. • Housing provider interrupted lease early and did not give the family proper time to move out with all their belongings. The house was being sold to turn into AirBnB. • Neighbors trying to persuade landlords or sellers to not sell to certain racial groups. 54 Community Interviews The City conducted outreach and held a series of fair housing interview with area housing providers and community stakeholders in the Summer of 2022. A total of 30 organizations helped to provide feedback on what protected classes experienced fair housing challenges, what the obstacles for fair housing, and what are the best remedies. List of Participating Organizations Blue Ridge Independent Living Center Roanoke City and Alleghany Health Districts Bradley Free Clinic Roanoke Parks and Recreation Carilion Clinic Roanoke Redevelopment and Housing Authority Casa Latina Safehome Systems, Inc. City of Roanoke— Department of Social Services Salem VA Medical Center Council of Community Services Salvation Army of Roanoke VA Family Promise of Greater Roanoke Straight Street Ministries Goodwill Industries of the Valleys Support Systems, Inc. Habitat for Humanity in the Roanoke Valley Total Action for Progress (TAP) Lead Safe Roanoke The Least of These Ministries Legal Aid Society of Roanoke Society Valley Metro— Roanoke, Virginia Local Office on Aging Virginia Career Works Parole and Probation District#15 Virginia Harm Reduction Coalition RAM House, Roanoke Area Ministries Western Virginia Water Authority 55 Blue Ridge Independent Living Center Karen Michalski, Director Do you see Fair Housing as a problem in Roanoke? How? Why? Fair housing is a problem in Roanoke. The organization assists individuals with disabilities in becoming independent. Unfortunately, the City has a significant problem with the lack of affordable housing. Some of the individuals served receive $900/month of SSI funds, which means most rent in Roanoke is outside their means. The units available to rent are in less desirable areas of the City, so much so that individuals prefer not to live there. Because Roanoke is a smaller city, most rentals are proximal to Valley Metro bus stops which is helpful. They can also use RADAR paratransit. Does Fair Housing impact any one particular protected class more than another? Fair and accessible housing is more likely to affect people of color and people with disabilities. Looking at maps of the City, it is easy to see segregation in residential rental housing is present. What are the obstacles to Fair Housing in Roanoke? What do you see as the best remedy? Common factors in community meetings on impediments to fair housing are individuals being steered towards particular neighborhoods because of race or disability, inability to obtain mortgages, and individuals with disabilities receiving supplemental income that only allows them to inhabit certain areas. There needs to be more rental housing development in other parts of the City. The City is landlocked, and there is only so much property available,creating pockets of more and less desirable neighborhoods; this perpetuates segregation. There are locations within the City where affordable and accessible housing can be constructed. There's simply a lack of supply, and the organization doesn't have the resources to house everyone in need. Earlier this week,the organization paid $900 for an individual to stay in a low-cost motel because they could not find housing otherwise. This particular motel is also one of the worst ones in the City. The agency can use CARES/ARPA funds to keep individuals off the streets, but hotels as housing are only a short-term solution. Bradley Free Clinic Ruth Cassell, Director of Operations Do you see Fair Housing as a problem in Roanoke? How? Why? Housing is one of the biggest problems for low-income persons in Roanoke. This is an issue because as more people move to the City, much of the existing population struggling to make ends meet are priced out of the market. This is due to a lack of income, income that doesn't cover the necessities, and a lack 56 of supply for what low-income earners can afford. The housing available to minimum wage workers is not very safe or well monitored. The City needs more single-family homes and apartments; there's not enough stock. While the organization provides medical and dental services, the in-house community health worker has become aware of other problems for the individuals struggling in the community. From their experience, one thing that feels nearly impossible for most clients is housing. There's no good avenue,and it's the biggest request. Patients are living in cars, perpetually couch surfing, and have nowhere stable to stay. This issue seems to have gotten much worse as more people are moving to the City; the result has caused gentrification in certain areas. What made a living wage a few years ago doesn't suffice anymore. We've lost some housing solutions due to closures and reconstruction for more expensive units. The question now is, where do people go? Roanoke has a central intake process, a single point of entry for those seeking housing solutions. This was a City initiative that is applicable to shelters and other resources. The truth is,there aren't a lot of options. For those that exist, not everyone qualifies. The organization does try to help individuals along the way by researching requests and searching for available housing. Does Fair Housing impact any one particular protected class more than another? Those with disability seem to be more affected by housing choice. However, anecdotally it seems to affect everyone. What are the obstacles to Fair Housing in Roanoke? What do you see as the best remedy? Roanoke has abandoned and nonfunctioning properties, former industrial sites, and available warehouses. These could be a creative solution, as tax right offs for developers and the City to repurpose them into shelters or low-income housing. The City has had no issues previously developing crumbling buildings into apartments that sell for$1,100 a month. This could also be done for units that cost $500. Carilion Clinic Aaron Bousch, Director Do you see Fair Housing as a problem in Roanoke? How? Why? Access to affordable housing in Roanoke is an issue. According to the organization's 2021 health survey conducted every three years, housing is one of Roanoke's top community health needs. There's a lack of affordable housing supply and specific neighborhoods, like the NW and SE, have disparity issues. Income and racial disparities play a recurring role. These groups are much more likely to struggle with stable housing. For the homeless or those at-risk, folks with mental illness are at a more significant disadvantage. Regarding housing assistance, the clinic has a community health worker program. They meet with individuals who have housing needs and help with housing resources, psychosocial support, and goal setting. This has been an invaluable resource for the individuals seen at the clinic. Does Fair Housing impact any one particular protected class more than another? 57 There is a lot of social disparity related to income. Housing for the disabled is also challenging; finding accessible, safe homes that mitigate risk and with ADA-compliant features. Homeownership opportunities and the quality of landlords are lousy. Individuals are making a profit off housing rather than focusing on pathways to homeownership. Landlords in Roanoke are known for not taking good care of accommodations, not accommodating ADA needs, and renting units lacking basic infrastructures like water and heat. A lot of houses have poor environmental factors. For example, in families with asthma, homes with a lot of dust will affect their quality of health. What are the obstacles to Fair Housing in Roanoke? What do you see as the best remedy? Those struggling most with stable housing are the homeless or those with mental illness and substance abuse issues. Transitional housing is what this group needs for support, and Roanoke has minimal options available. Along with stable housing would be integrating goal setting and financial empowerment, which has benefited the clinic's program. There needs to be more mixed-income housing in the City, more housing on a sliding scale,and programs to incentivize the renovation of buildings in historic areas. Casa Latina Contact Name: Jose Do you see Fair Housing as a problem in Roanoke? How? Why? The organization serves the Latino community. There are a lot of foreigners, and some are undocumented. There's a lack of knowledge of how to access a home, what the steps are, how the system works, and what services are there for support. The individuals served by the organization are eager to find a home, but they don't have the knowledge to find safe housing. What is unsafe? Families have reported residents selling drugs in communities or gang activity. These individuals feel stuck in these less desirable areas because of inflation. Modest income does not support a more desirable neighborhood. Does Fair Housing impact any one particular protected class more than another? Many individuals and families in the community are impacted by fair housing. Residents are renting a house and being charged more than they should be, occupying dwellings and units that aren't serviced or maintained, have landlords who raise prices without notice, or are being denied due to race, profile, or legal status. What are the obstacles to Fair Housing in Roanoke? What do you see as the best remedy? The organization can't yet offer this to the individuals served, but housing is one of the four main topics of issue in this community. There's not enough fair access to affordable housing. 58 City of Roanoke Keith Holland, Community Resources Program Administrator Do you see Fair Housing as a problem in Roanoke? How? Why? Yes, mainly economic and affordable fair housing. There is also housing discrimination in Roanoke. The City does not receive many fair housing complaints, and most serious ones are handed off to a state agency. Does Fair Housing impact any one particular protected class more than another? Yes What are the obstacles to Fair Housing in Roanoke? What do you see as the best remedy? Labor, income, and housing supply are low in Roanoke. Many working poor can't afford housing due to economic, educational, and job training barriers. The City needs better public education for property owners, landlords, developers, and residents. City of Roanoke - Department of Social Services Steven Martin, Director of Human/Social Services Do you see Fair Housing as a problem in Roanoke? How? Why? There is a lack of adequate, affordable housing in Roanoke. From the director level,the City's homeless efforts are a matter of not having enough units to support all those in need. There's also a portion of the homeless population that will not work; this makes housing them challenging. The City can house many through programs, but the demand for people with housing needs surpasses the supply of affordable, available housing. Much of the available housing isn't affordable for low- income earners. Does Fair Housing impact any one particular protected class more than another? Some data proves race to be a factor in homelessness- a higher percentage of African Americans are homeless in this community. Our local data doesn't show as significant a disparity as the national average, but it still affects our community. There are also many people with disabilities and those suffering from mental health that struggle to obtain housing. Even those who qualify for Medicaid struggle to support themselves and often require help from a caretaker, friends, and family. What are the obstacles to Fair Housing in Roanoke? What do you see as the best remedy? Roanoke is the only urban area in SW Virginia, which means many individuals and families in need come to the City for support. The agency serves many people and does its best to stay local, but it doesn't have the resources to support everyone in the City and surrounding regions. The organization could benefit from leaning on neighboring areas if they also provided supportive services. 59 Housing in Roanoke is a challenge to navigate. Supply, affordability, and accountability all play a factor in this issue. Some landlords don't prioritize maintaining standard units,and some might take advantage of vulnerable people, leaving them in substandard housing or inhabitable situations. There are no repercussions for these violations, creating a perpetual issue for renters. Lastly,an adequate supply of affordable housing is lacking. The City could use more single-unit dwellings. Many units for rent are larger, and many of the homeless population are comprised of individuals. Even if rent were free, the organization wouldn't be able to house everyone in need. Council of Community Services Ben Bristol!, Homeless Services Specialist Do you see Fair Housing as a problem in Roanoke? How? Why? Fair housing is an issue. Especially for individuals earning at or below 80%AMI,there is minimal housing stock. There is undoubtedly segregation by income. From resource maps, one can clearly see that there is an obvious poverty line that exists above the Roanoke River. Low-moderate income housing is in the NW and SW parts of the City and the Roanoke/Salem County line. There are barely any low- income housing options in the desirable parts of the City and County. As housing specialists, organizations must advocate for individuals when landlords violate fair housing regulations. An example of this would be if an individual is associated with Blue Ridge,they are assumed to be actively using, and landlords won't rent to them. Within Roanoke, there's a handful of landlords that are upholding the stigma of homelessness. Feedback from the community level has shed light on a lack of code enforcement for landlords. Residents who are housed are living in substandard units. Some clients must leave their housing due to lack of maintenance (i.e., broken windows, broken a/c, plumbing issues). From here, they should contact legal aid to initiate housing first standards and speak with code enforcement for case management. If code enforcement deems the structure inhabitable, clients can be re-housed. However, in 5-years, I have never heard of a landlord receiving a fine. Individuals involved in the court process often give up and self-evict when they get their first pay or quit. The process feels weighted towards landlords, so renters give up. There have been situations with the disabled or elderly population who end up in the hospital for one reason or another. When they return, the locks will be changed, and their belongings will be on the street due to missed payments and the tenant being unreachable. There's an apartment complex in NW owned by a landlord in New York City. The complex comprises four buildings(30-40 units) in Roanoke, all of which have issues. Code enforcement and the fire marshal were involved at one point, and the problem was sent to court. It was soon decided the landlord wouldn't be extradited from New York City to Roanoke, so nothing happened. This individual never received a fine,so nothing has changed. The City has many out-of-town property owners who are taking advantage of the growing desire to live in Roanoke. 60 The pandemic severely affected housing available to low-income earners. A high percentage of LMI housing opportunities are homes owned by landlords who have subdivided the houses to create luxury multi-unit dwellings. Anecdotally,the Airbnb culture and surrounding schools and universities compete for low-income housing options. They're also highly sought after and often more expensive. As for downtown, there's a historical designation that creates a lack of choice. Dwellings are becoming more unlivable as they can't be updated for ADA accessibility. Does Fair Housing impact any one particular protected class more than another? Aside from the impacts mentioned earlier, sexual orientation and race are also obstacles to housing for residents of Roanoke. From experience, the organization has learned which landlords will accept specific populations because there is a number who stigmatize certain races or LGBTQ. The organization is involved in fair housing violations in Roanoke. It is becoming common that LQBTQ individuals don't feel safe going to some shelters. These individuals will avoid certain agencies to the point of sleeping on the street, so they don't feel in danger. When a policy has a combination of church and state, then these issues come into play. What are the obstacles to Fair Housing in Roanoke? What do you see as the best remedy? If Roanoke adopted similar models to other cities, like requiring a certain percentage of units to be reserved for LMI earners, landlords would have more incentive to prioritize those struggling. Money makes things work, Roanoke is skyrocketing with rent up 15-30% since the pandemic, and the agency sees a lot of nonrenewal. Organizations need a partnership with the City and a department that monitors and upholds regulations. There are vacant lots around Roanoke, but progress can be challenging between the property owners and the community. There are a few income-based properties that are older and run down. The residents will likely complain they don't want a similar structure in their backyard (NIMBYISM). During a community meeting on the topic of re-zoning properties from commercial to residential purposes, there was strong pushback from the community, saying the proposed complex would cause traffic and other adverse impacts in the neighborhood. Code enforcement and landlord incentives could help mitigate this. Family Promise of Greater Roanoke Mariam DiPasquale, Housing Stability Manager Do you see Fair Housing as a problem in Roanoke? How? Why? There's a lack of affordable housing in Roanoke. There's insufficient supply, and prices have increased so much that low-income families cannot afford rent. This is a new issue since the pandemic. During COVID, there was an eviction moratorium; residents were staying in housing and receiving rent assistance or forgiveness. When the moratorium was lifted, renters were backed into a corner where I they couldn't pay. 61 On the housing supply side, many landlords sold properties, and the new owners raised the rent,forcing residents to move out. Landlords are also more selective with tenants;they prefer renting to individuals and families who will stay long term and are guaranteed to be reliable. Does Fair Housing impact any one particular protected class more than another? • Low-income families, especially single moms • The elderly are on a fixed income, and landlords have increased minimum requirements which many do not meet • Individuals on Social Security What are the obstacles to Fair Housing in Roanoke? What do you see as the best remedy? The shelter is limited in funding and programs. Individuals the organization cannot serve are temporarily housed in hotels. In the past, individuals could stay at the shelter for 30 days or less. This will be extended to 90 days to allow enough time for folks to afford and move into stable housing. More affordable low-income housing is lacking in Roanoke. There needs to be a lot more of it within the City. Older buildings and churches could be renovated to provide more affordable housing options. The shelter also needs more funding that could be used to work with landlords and negotiate more stable housing for individuals relying on the shelter. The City struggles to maintain healthy relationships between landlords and residents. This can be a murky area for discrimination, and the organization does its best to advocate for those in delicate situations. Goodwill Industries of the Valleys Zenith Barrett, VP of Business & Community Engagement Do you see Fair Housing as a problem in Roanoke? How? Why? The population the organization serves has an issue with transportation, infrastructure, and education. The latter is beneficial so that individuals are aware of their available resources. Does Fair Housing impact any one particular protected class more than another? The organization doesn't collect formal data on this, but I see this affecting minority populations more. What are the obstacles to Fair Housing in Roanoke? What do you see as the best remedy? I don't have enough knowledge Habitat for Humanity in the Roanoke Valley Karen Mason, Director Do you see Fair Housing as a problem in Roanoke? How? Why? 62 The main issue is that the currently available housing is substandard, and there's insufficient supply. There are not enough affordable rental units and homeownership options for the individuals the organization serves. The organization has heard from clientele that essential maintenance is not a priority for many landlords. Living environments of rental units have been recently assessed to confirm basic maintenance needs are not regularly managed. There is an issue with landlords not being held accountable and affordable housing isn't a policy focus. Does Fair Housing impact any one particular protected class more than another? The organization sees many applications from immigrants. For immigrants, there is an overall lack of awareness of how to apply for housing, what is available, the process, and what can be done about substandard conditions. Commonly there are language and communication barriers in this class. Many are also unsure of the implications - 'What if I complain? What will happen to me?' It is telling that a lot of applicants are word of mouth. One family gets housing, and then their relatives show up, etc. The organization could do a better job of sharing information, providing options for affordable housing, and solutions to housing problems. What are the obstacles to Fair Housing in Roanoke? What do you see as the best remedy? Habitat for Humanity most commonly serves female head of households who are single. Some issues are affordable housing, lack of consistent transportation, employment, livable wage, availability of childcare, and staying in housing. Stricter code enforcement and policies that hold landlords accountable would benefit individuals renting substandard units. There is a disconnect between the people and policymakers, and the latter is unaware of the many realities of renters. As an initiative to change this, the organization invited a resident to one of the city council meetings to share their experience as a renter in Roanoke. The individual is the head of the household and shares their history as a renter in good standing. However, this individual typically rented substandard units, one of which had unsafe floors, resulting in their bed falling through to the lower level. The attendees were shocked that this was a reality. The agency wants to continue educating policymakers and local government officials about the reality of renting in Roanoke. Lead Safe Roanoke Katherine Kennedy, Program Manager Do you see Fair Housing as a problem in Roanoke? How? Why? Yes, a lot of the population is looking for affordable rental housing, but it is lacking. Roanoke is also affected by persistent residential segregation, a significant barrier for people of color seeking housing options. Does Fair Housing impact any one particular protected class more than another? 63 The assumption is those of race have less access. What are the obstacles to Fair Housing in Roanoke? What do you see as the best remedy? A couple of the most common obstacles are the cost of housing and the condition of housing once they've found housing or been accepted. A remedy would be people being more knowledgeable about what their rights are as a consumer and training for landlords. Aid Society of Roanoke Valley Emily Jewett, Attorney Do you see Fair Housing as a problem in Roanoke? How? Why? In the last year or so, Roanoke has been experiencing a housing crisis, and real estate prices have skyrocketed. Homeowners are selling properties, and new buyers are renovating and increasing the cost of the rent. Most clients served by Legal Aid are under 200% income poverty level. There's an issue with out-of-town homebuyers and property developers. An example is an individual who purchased an old apartment complex, the Grand & Gardens. Upon acquiring the building,the new owner evicted everyone on the premise of renovation. All of these apartments were in the$500/month price range. Renters are essentially displaced when a low-income property is removed and not replaced. They end up in the housing authority and federally subsidized housing. The problem is these organizations have long and consistent wait lists. This is happening all over the City in single-apartment and single-family housing. The owners have jacked up the prices for the properties that remain because of high demand and low supply, with some increasing as much as $500/month. The supply, demand, and increase in prices have affected the availability of homes for new homeowners and the ability to build new homes due to a shortage of building supplies. This has resulted in a dry and unaffordable market for young families. These issues filter down to minimum wage workers, low- income earners, and the homeless. Does Fair Housing impact any one particular protected class more than another? Cases related to lack of accommodation for those with disability and complaints of sexual harassment concerning lapsed rent payments are the groups most impacted by housing discrimination. The organization has recently seen tenants seeking relief from landlords violating the fair housing laws. Cases have recently begun showing up more consistently. Regarding the latter, the US Department of Justice took a particular interest in protecting women who landlords have sexually harassed. What are the obstacles to Fair Housing in Roanoke? What do you see as the best remedy? A lack of safe housing has been a problem in Roanoke for decades. The organization consistently advocates for tenants struggling with maintenance involving leaky pipes, lack of adequate heat, water seepage, and more. Most commonly,substandard rental housing is in the form of apartments converted from an existing house. Many of these homeowners are slum lords who invest just enough money to divide the house but not enough to make it safe. 64 There are a lot of immediate reactions to these issues but no long-term solutions. There's a lack of affordable housing and support for residents who struggle to pay rent. The City will have to build or renovate existing structures to have more affordable housing. Recently, the medical school renovated abandoned structures and made them into housing to create low-cost, affordable housing for medical students. This could be a solution for the homeless and those at-risk. Local Office on Aging Ron Boyd, President/CEO Do you see Fair Housing as a problem in Roanoke? How? Why? Yes, the organization works with the aging and disabled, and there's a lack of accessible housing, affordable housing, co-housing, and intergenerational housing. The trend with Roanoke's aging community is that 95% of seniors want to age in place, in their homes, but most homes are not age- friendly. Currently, in the area, 1 in 4 are over the age of 65; in ten years, it will be 1 in 3. If housing solutions for this population aren't underway, housing them will become more difficult. The City would benefit from the local and federal government investing in affordable housing and co-living spaces. In Roanoke, there's a lack of housing for the disabled or seniors. Much of what was available for senior housing (Section 8) also serves as housing for the mentally ill or lacks comforts like air conditioning. Many seniors in these housing complexes don't feel safe and don't go out. In recent years, the City's focus has been renovating the downtown area, but it isn't livable, affordable, or accessible for seniors. Does Fair Housing impact any one particular protected class more than another? Much of the City's focus is on fixing up older areas of Roanoke, like the NW SE region, that are lower on the socioeconomic scale. The availability and ability to find affordable and livable housing in these areas are very scarce. What are the obstacles to Fair Housing in Roanoke? What do you see as the best remedy? The organization advocates for underserved groups in the community in many ways; seniors, the disabled, children, and mothers with children to encourage more parks, better sidewalks, and accessibility-all elements to the quality of life as it would intersect with housing and healthy aging. Parole & Probation District #15 Cynthia Hughes, CPO Do you see Fair Housing as a problem in Roanoke? How? Why? Many individuals have difficulty obtaining housing upon release because of financial stability. Finances are the most significant barrier, and many individuals haven't worked for some time and struggle to make enough for a deposit. Does Fair Housing impact any one particular protected class more than another? 65 Those impacted the most are individuals with violent or sexual offense charges. Convictions create a barrier to obtaining housing when applying for housing that requires background checks, which many do. What are the obstacles to Fair Housing in Roanoke? What do you see as the best remedy? Upon release, many individuals go to the Rescue Mission or housing authorities. Unfortunately, these individuals don't have the financial skills to save money and make better decisions. The most common barrier for these individuals is a lack of financial security and education. If financial planning programs were implemented at these organizations where individuals are taught about basic money management, residents could help develop more vital financial skills. RAM House, Roanoke Area Ministries Joanne Wormley, Financial Assistance Manager Do you see Fair Housing as a problem in Roanoke? How? Why? Yes. With the increase in rent,those who were previously struggling were practically pushed out the door. Rent has skyrocketed since COVID. In February, the organization saw many applications with utility issues. Over the last 3-4 months, applicants have needed rental assistance. The clientele served are those receiving unemployment, those not earning high enough wages, and young mothers needing daycare. There are locations in Roanoke for LMI units, but they're full. There's a lack of knowledge where individuals can find resources and get out of the project mentality. Does Fair Housing impact any one particular protected class more than another? Fair housing impacts everyone across the board. The organization is seeing an influx of individuals who have lived in the same location for 20yrs struggling to afford the rent increases. What are the obstacles to Fair Housing in Roanoke? What do you see as the best remedy? The system takes a long time and doesn't always carry an individual through to the finish line. The organization is helping an individual who has gone through the process and has a housing voucher and a unit to move into but doesn't have the funds to move. The City needs more shelters, single dwelling units, transitional homes, and shelters for single mothers. Roanoke could learn from surrounding cities; Philadelphia is creative with zoning and quick with policy. They turn everything into housing! In this community, there's a lack of incentive and enforcement. Many individuals at the RAM house are eager to build a life. It's challenging to obtain housing when individuals don't have access to computers, clothes, homes, and resources to obtain work. There are abandoned houses and buildings in Roanoke and individuals eager to build a life - put these together! Those residing in shelters could be involved in the restoration and have a home to live in when it's finished. There are a lot of other organizations in the community, and we're all disconnected. The disconnect between RAM and TAP is a big issue; we're stronger together. Each organization is focused on itself 66 instead of the bigger picture. Some organizations have capabilities and services that can fill in the gaps for others. Down the road, if all organizations could operate in the same part of town, block,or building, we would be much more efficient. Roanoke City and Alleghany Health Districts Kristin Adkins, Population Health Manager Do you see Fair Housing as a problem in Roanoke? How? Why? There's an extreme lack of housing supply within Roanoke. The department is mobilized around public health, infectious disease, and substance use. For individuals struggling with housing, issues like overdose, hepatitis, and other health concerns are more present. The impact of housing instability on individual and community health is disproportionately felt by the unstable and unhoused. It's very challenging to deliver health department services when one isn't housed. Follow-ups are inconsistent, and many struggle with regular checkups at the clinic. Creating positive habits and change is a constant challenge. These individuals and families fall within low to moderate income limits, so housing affordability is often out of reach. There are also long wait lists for section 8 vouchers and beds at the housing authority. Does Fair Housing impact any one particular protected class more than another? Visually speaking, lack of housing access seems to concentrate unfairly on those with disabilities, people of color, single folks, and the elderly. In shelters and permanent housing, there's much more support for families than individuals. For people of color,the further you get into social conditions,the more it impacts this class. Low-income individuals and families, those using vouchers or shelters, and those on the street-each additional layer severely affect people who are already disadvantaged. For this class, there's no explanation beyond structural racism. Once an individual has lost housing stability, there's a domino effect of stability. Other affected classes are those with disabilities who struggle with obtaining work, getting to work, and available, affordable housing that accommodates their needs. The elderly are struggling with fixed incomes as rent skyrockets in Roanoke. What are the obstacles to Fair Housing in Roanoke? What do you see as the best remedy? There's a noticeable gap in housing for those in active use. Those served by the health district are not just homeless but struggling with substance use. This is a massive barrier for those needing housing and shelter access. The City needs more recovery housing, affordable housing, and wet housing-housing that understands and allows people to use substances. There is recovery housing, but not enough for those in need, and there's no explicit housing for people actively using. They end up on the street or in hotels. 67 Parks & Recreation Michael Clark, Director Do you see Fair Housing as a problem in Roanoke? How? Why? Yes, it's an issue in the City with affordability and proximity to public amenities. The department advocates for every resident in Roanoke to live within 10 min of parks and public spaces. Affordable housing exists in specific neighborhoods, placing many residents farther from these comforts that add to the quality of life. As long as the private sector dominates desirable neighborhoods, it will remain out of reach for those impacted by fair housing choice. Does Fair Housing impact any one particular protected class more than another? Housing starts with affordability by virtue of those who have discretionary funds. There is also a disproportionate number of people of color with less access to affordable housing. What are the obstacles to Fair Housing in Roanoke? What do you see as the best remedy? A significant issue is enough inventory; if the City wants to house every resident, it is short several thousand units. Many individuals are one life experience away from losing housing, making homelessness a close reality for many. As a solution, the City needs a higher supply of housing units and should focus on redeveloping places near public spaces to make them more desirable. It's worth noting that this isn't simply putting in housing development and calling it good but ensuring the quality of life surrounding these developments. In Roanoke, development opportunities exist in the NW/NE parts of the City. There's a deficit of park spaces in these areas, which were annexed in the 70s for industrial development. These areas could be a good focus for creating desirable residential housing. Redevelopment and Housing Authority Evangeline Richie, VP of Housing Do you see Fair Housing as a problem in Roanoke? How? Why? Roanoke does not have enough housing supply. The City is experiencing an affordable housing crisis. There isn't enough stock, and there's not enough affordable housing inventory to accommodate the people occupying the affordable housing bracket. In the last three years, 2-3x more people are facing homelessness compared to pre covid, and the City still has the same number of units. Everyone in need can complete an application. Following this is the screening criteria to ensure, according to HUD, that this family meets those guidelines. Sometimes individuals don't meet the guidelines, but even more often, there's a failure to respond when notification letters are sent out. There's a lack of knowledge of formalities and processes, such as individuals not having a permanent address and continuously moving around. Failure to respond to time-sensitive information results in application withdrawal and is the most common barrier to individuals receiving assistance. 68 Does Fair Housing impact any one particular protected class more than another? Within the organization, African American males with a criminal background have more difficulty obtaining housing. Additionally, the elderly and those with a disability receiving social security are struggling with the increasing cost of living. Many must choose between paying rent and staying on necessary medications. What are the obstacles to Fair Housing in Roanoke? What do you see as the best remedy? Housing resource offices are placed at organizations where families and individuals can have a case worker to track their progress. This helps ensure they respond to letters and appointments to move forward with the application. There's also an overall lack of awareness. Recently, the organization had open housing application interviews where the housing choice voucher waitlist was open for the first time in a while - no one showed up. The process of housing individuals could take years,and people are lost between the cracks. Systems, Inc. Heather Wood Do you see Fair Housing as a problem in Roanoke? How? Why? The organization is headquartered in Alleghany County and is a domestic violence shelter. Clients must be currently affected by domestic violence or sexual assault. As a new community member,the number of homeless in this area is shocking. Does Fair Housing impact any one particular protected class more than another? Homelessness affects all areas and socioeconomic levels. It's a mixed bag. What are the obstacles to Fair Housing in Roanoke? What do you see as the best remedy? The organization mainly houses women and children. If a man comes, they are housed in a hotel. If the facility is at capacity, individuals are placed in hotels, but it is rarely at capacity. Finding permanent housing is, however, extremely hard. This is a rural county with some affordable income-based housing, but there's a waiting list. If individuals and families desire to stay in the area, it's very challenging. It's more beneficial if they're willing to relocate outside the area for more accessible and available housing options. Low-income housing specifically has a long, backed-up waiting list. Individuals can stay in the shelter as they continue to look for accommodation and find jobs or use community services for food. A 30-day stay has been typical in the past, but realistically the process takes 45-60 days. VA Medical Center Jeff Doyle, HUD-VASH Coordinator 69 Do you see Fair Housing as a problem in Roanoke? How? Why? Determining who to rent to is unspoken in Roanoke. There is a limited amount of housing, and landlords and property managers can be more selective than is fair. There are barriers to housing for individuals with poor rental history, criminal backgrounds, source of income, and disability; these all play a role in how landlords choose to rent to individuals. Does Fair Housing impact any one particular protected class more than another? There are landlords in Roanoke who do not want to issue housing to individuals with Section 8 vouchers. Part of the speculation here is landlords know there will be additional oversight, and they would rather not deal with inspections and additional paperwork. What are the obstacles to Fair Housing in Roanoke? What do you see as the best remedy? Aside from needing more available, affordable housing throughout Roanoke, one of the most significant issues is rental units for voucher holders. There's not enough supply. The organization has 133 vouchers, 123 are in veterans' hands, and 17 vets (15%) with vouchers are looking for housing. The latter are individuals with case managers and vouchers. The organization doesn't have the case management for ten leftover vouchers. The remaining unhoused veterans live in transitional housing, motels, and shelters. Salvation Army of Roanoke VA Jamie Goodman, Social Services Programs Coordinator Do you see Fair Housing as a problem in Roanoke? How? Why? Roanoke doesn't have affordable housing for those on a fixed income or who rely on social security. Individuals on social security need to make 2-3x the cost of rent which is rare and unlikely. The homeless population in Roanoke is overflowing, and there aren't enough options to house those in need. Due to the desirability and affordability of out-of-town homebuyers and property owners, housing options are being torn down, renovated, and sold or rented at a much higher cost. Much of the supportive housing in the area is limited by who they intake and the lack of availability. The Trust House has a very limited number of beds, and RAM is often at capacity. Does Fair Housing impact any one particular protected class more than another? Many groups struggle with housing access in Roanoke. Individuals with refugee status can't access government programs and are stuck unless their kin are citizens. African/Americans are compromised because landlords assume these folks are associated or involved with criminal acts or backgrounds. 50+ communities typically have affordable options, but nobody under the allowable age can apply to stay within those communities. What are the obstacles to Fair Housing in Roanoke? What do you see as the best remedy? Individuals with sex offenses, drug offenses, and other violent crimes struggle to find and maintain stable housing. There is property around the City that could be turned into affordable housing that would serve these individuals. There are plenty of abandoned homes that grants could support turning into apartments instead of the individuals currently squatting in them. Investors are buying these existing 70 buildings and turning them into units that cost $700-$1000+/month. The same could be done for LMI earners who require rent costs of$400-$600. There have been many discussions amongst committees and community members regarding Roanoke's housing shortage, but no one wants to do the leg work to solve these problems. There needs to be an incentive for fixing Roanoke's housing and homeless issue that results in action. Other Cities have invested in tiny home communities, which I believe could be beneficial in the valley as a quick fix for the homeless population displaced in the downtown area. Straight Street Ministries Keith Farmer, Director Do you see Fair Housing as a problem in Roanoke? How? Why? Many apartments are being built, and available housing is abundant, but many cannot afford the rent. Rental rates seem high in Roanoke. One could mortgage a house at $750/month or pay $1,300/month in rent. Landlords also find it difficult to rent to others because of a poor rental record or criminal background. Does Fair Housing impact any one particular protected class more than another? Affording a down payment plus utilities is challenging for the individuals the organization serves, especially in desirable locations. Many families want to avoid the Section 8 Voucher program because the program's strict requirements can be a deterrent. Yes, it houses those in need, but if individuals begin making a higher wage and are priced out, the income likely isn't enough to afford standard rent. The result is missed rent payments and possible eviction. The individual now has a poor renting record. There's also an issue in the job market of minimum wage increases, many employers can't afford to stay open, and people are losing their job. What are the obstacles to Fair Housing in Roanoke? What do you see as the best remedy? The biggest obstacle for our clients is ensuring enough rooms and homes, stable employment, and a stress-free environment with healthy family dynamics. We also work to with our clients on financial management, so individuals have the tools to plan, budget, and allocate wisely. Broken homes and unhealthy families should no longer be the norm. There needs to be a reestablished foundation of a healthy family, the workforce, schools, housing, and so on. The residents need support for anger management, trauma, addiction, transition, etc. Systems Inc Jennifer Gobble, CEO Do you see Fair Housing as a problem in Roanoke? How? Why? 71 There isn't enough housing in Roanoke. Those below the poverty line or individuals with mental health or substance abuse issues struggle immensely with stable housing. Treatment can't be provided without stability; the hierarchy of needs must be met before you can administer any healthcare. Does Fair Housing impact any one particular protected class more than another? No comment What are the obstacles to Fair Housing in Roanoke? What do you see as the best remedy? The City needs supportive permanent housing and more housing availability. It would also be beneficial to educate the community on why people are struggling,the benefit of housing those who are struggling, and more media coverage Action for Progress (TAP) Jo Nelson, Programs Director Do you see Fair Housing as a problem in Roanoke? How? Why? There's a housing issue in Roanoke. The City doesn't have accessible, affordable low-income housing. Roanoke is landlocked and has not done a good job ensuring residents understand housing and zoning over the years. As a result, there's now a severe lack of supply and available spaces. Emergency subsidies, money, and ESG funds for homelessness prevention are helpful, but this will not fix the problem. Subsidies will never fix the problem. The City doesn't have any incentive for building one-bedroom units necessary to begin housing the homeless. The organization is currently focused on eviction prevention as it's recently become a big issue in Roanoke. To help combat this, the organization is writing an eviction prevention grant. Additionally, as of one year ago, accessory dwellings were legalized within Roanoke. Under this new law, 2800 units in the City qualify, but ZERO permits have been submitted. This has happened previously when the City passes new zoning laws, but there's no community awareness. I have years of experience in homelessness in this area, and I think the CDBG HUD homelessness system is set up for people to fail. I know they're trying to ration money to the people most in need, but when the requirement to get help is a 5-day pay or quit, there's little chance for success. The organization can't cut a check in 5 days. Residents don't believe there's support before missing rent payments. By the time they ask for assistance, they're too far behind in payments. If residents come to the organization before the ninth hour, resources like financial literacy while helping them pay bills would more likely keep them off the streets. Individuals, unfortunately, are taught they can only get help when they're desperate. The other barrier when offering rent assistance or rapid re-housing is that organizations try to help as many people as possible instead of fixing the situation for fewer people, so we never see them again. 72 The community could make more traction on homelessness if organizations offered to pay out a smaller ' amount of people and entirely absolve their debt. Other agencies in Roanoke have a $300 or monthly limit, which will not get individuals out of debt with landlords. Then individuals hop from agency to agency collecting cash rather than focusing on bringing financial literacy, education, and absolving all debt. Does Fair Housing impact any one particular protected class more than another? There's certainly a divide in Roanoke. Affordable housing is based on income groups. It is nearly impossible for low-income families to find a place to rent or own. Of the options available are units owned by slum landlords. Some landlords sit in front of eviction courts on the day to prey on people to rent from. The agency knows these landlords and will not subsidize them. There is also a rise in the elderly being impacted more negatively since the pandemic. Many private or small property owners decided to sell, and there are elderly who cannot pay for housing because rent has increased. These individuals have lived in the same houses for decades, and when the homes sell, they are now homeless. What are the obstacles to Fair Housing in Roanoke? What do you see as the best remedy? Building awareness of resources is a good place to start. When renters or homeowners are in a pinch to miss a payment, educating them and providing access to resources will keep them out of court. Residents need to seek services before the final notice; if they wait until it's too late, they're in the system. 4 If this town doesn't build or renovate one-bedroom units, the housing problem will never be solved. 4 There needs to incentivize developers and private property owners to build units for low-moderate income residents. Least of These Ministries Dawn Sandoval, Executive Director 4 Do you see Fair Housing as a problem in Roanoke? How? Why? Mental health and substance abuse issues are significant barriers to housing. The organization's population serves unsheltered individuals sleeping on abandoned porches, park benches, and wherever they're allowed. Many individuals helped are struggling with mental health, substance abuse, financial issues, and disability. Disability has been challenging to navigate because those on a disability income don't receive enough money to support their basic living needs. Most people with disability are getting $834/month on SSI. They're fortunate to find rent that is $600/$650. One step further is why an individual is receiving a disability income; if there are mental health issues, are they suitable to live on their own (with a stove that could catch things on fire)? Can they live independently? Property owners have requirements to qualify as a tenant. Many property owners steer clear of those with disability for liability reasons. Many of them, especially following the moratorium, lost a lot of 73 money they have now to require that someone make 2 1/2 times the cost of the rent. This is weeding out the vulnerable population. Does Fair Housing impact any one particular protected class more than another?The elderly struggle to maintain stable housing because they live on a fixed income. Some which is a very challenging circumstance for such a vulnerable population. With the climate of the rental industry,these individuals are experiencing unaffordable rent. Locally, an apartment complex, The English Gardens, was sold and purchased. The new owner non- renewed the tenants, many of whom lived there for 35-40 years. One of the local organizations that manages a local apartment complex was able to rehouse some people. Still, it's an area for people struggling with addiction and mental health. It's not safe for the elderly. I'm not a believer in the housing first model. I have seen too much failure dealing with severe substance abuse. When individuals have multiple layers of need, simply housing them doesn't work. It's a short- lived solution that wastes funding. What are the obstacles to Fair Housing in Roanoke? What do you see as the best remedy? A tiny home village is a good short-term option to get individuals off the streets where their belongings are safe. When people are struggling with addiction and are housed in an apartment, the problem persists, and change is difficult. They should have their own space. Another solution is to have Blue Ridge Behavioral Health come and provide services for case management, medical, and dental. This allows support to those who need concrete foundational work so they can live on their own. The agency doesn't want to continue to see the same individuals return, but that's the reality until something changes. Some individuals' mental capacity would never be safe to live alone, and there's nowhere for these people to exist. There could be a facility where those with severe mental illness can be housed and managed with daily supervision. The City does have a facility that puts mentally ill individuals without income in permanent supportive housing, but it's only a year long. The City needs to be willing to take an unconventional approach. We can't keep doing the same thing and expecting a different outcome. The landlords are an issue. They are business people, and there needs to be an approach to find appropriate housing feasible for both the tenant and the landlord. There's an overall understanding that Roanoke needs more housing, but where will it go? What is being done in the meantime? How will the current homeless population survive? In the winter, it's a struggle to keep people warm enough to survive the season. This population needs immediate action. Valley Metro — Roanoke, Virginia Kevin Price, Assistant General Manager Do you see Fair Housing as a problem in Roanoke? How? Why? 74 Those struggling most with housing are in low-income brackets, were laid off during COVID, or are affected by generational poverty. What are the obstacles to Fair Housing in Roanoke? What do you see as the best remedy? More available housing, more opportunities, and better long-term solutions. Ultimately the solution is to get individuals employed so they can stay out of low-income housing. Understanding each individual's motivation for getting out of low-income housing is beneficial. For those in low-income housing, the jump between assisted payments and supporting oneself is big. Why would an individual want to pay more than a few hundred dollars for rent? Another big issue is generational poverty. How do you break generational poverty? There needs to be enough incentive on the other side of low-income housing for individuals and families to grow. Virginia Harm Reduction Coalition Ariel Johnson, Operations Coordinator Do you see Fair Housing as a problem in Roanoke? How? Why? There is definitely a housing issue in Roanoke. Most of the individuals served by the organization are actively using drugs with the goal of learning management skills that lead to recovery. This is a Roanoke issue and an issue across the nation. Landlords have strict regulations, including checking a potential tenant's credit score and conducting a background check. Many individuals associated with the organization don't have a bank account, and others have felonies. Housing is challenging for the individuals who are associated with Virginia Harm Reduction. Landlords don't want to house drug users, and they speculate that couples are likely to bring domestic violence issues. Single mothers are more likely to be housed. Single males are most commonly homeless. There's not enough housing available in Roanoke that is lenient to the individuals in this position. Does Fair Housing impact any one particular protected class more than another? Landlords prefer to move quickly;they're interested in appraising tenants and moving in that day. Most individuals served use Housing Choice Vouchers,which can take weeks to get a paycheck or an assistance check. Tenants are then forced to use outside resources as security deposits,further creating obstacles to obtaining housing. Additionally, some landlords don't want to deal with the inspection required for Section 8 vouchers as it costs money and takes time. They only want to do the bare minimum, which means voucher holders are not the first priority. Individuals who don't qualify for services or fall through the cracks end up on the street or hotel hopping. Additionally, some organizations offer housing but not crisis intake. Individuals who require the latter are turned away. Those seeking refuge from domestic violence need assistance immediately. It is 76 extremely time sensitive. If they don't receive care when they ask, they are forced to go back to undesirable circumstances. What are the obstacles to Fair Housing in Roanoke? What do you see as the best remedy? The LMI community needs more low-barrier housing and harm reduction, housing-first models. It is an evidence-based practice. Most organizations in the housing realm have barriers that aren't necessary and gatekeep folks from obtaining housing. Organizations in the community are slowly making changes, like the Rescue Mission and TAP. However, TAP is drastically understaffed and the only agency that handles central intake. It's unrealistic to assume individuals can get there at 5:30 am daily to become one of the three people at intake. They will eventually give up. Western Virginia Water Authority Michael McEvoy, Executive Director Do you see Fair Housing as a problem in Roanoke? How? Why? Roanoke has a shortage of housing options because there's a low supply of rental units and homes in the Roanoke Valley. Throughout the economic slowdowns of the last couple of decades, new building construction has decreased, and many business developers have gone out of business and left town. The City of Roanoke is also very built out. During the pandemic, the City issued a moratorium on water services as many residents couldn't pay their water bills. At the time, many federal and state funds helped ends meet (over$500,000). Before the pandemic, fewer people were turning their water off for non-payment. Many stopped paying bills during COVID, and when the moratorium was lifted, many residents struggled to catch up. The organization tries to work with folks early by sending various reminders and offering a financial services package. The farther behind on payments that residents get, the more complex the problem is to solve. The biggest issue is that residents aren't engaged; there's money for needy people, but they don't apply. Does Fair Housing impact any one particular protected class more than another? Residents in every zip code are affected, but lower-income residents are more likely to fall behind on their bills. Zip codes with the highest disconnect are white, and the second highest are people of color. What are the obstacles to Fair Housing in Roanoke? What do you see as the best remedy? Some of the dwellings the elderly occupy are in very poor shape, such as porches that don't feel strong enough to bear much weight, and landlords shouldn't be allowed to rent facilities of this nature. The City has minimum standards for maintaining locations, and there's a concern that if one complains, the landlord will evict the renter. There are a lot of rental properties that need serious attention. As mentioned, the steps aren't safe, and some lack AC, heat, or maintained plumbing. 77 Roanoke needs more housing to serve vulnerable populations that residents will accept into the community. The City has rental standards, but they're not enforced. Landlords are a vocal group. Housing inspectors have a challenging job interfacing with them. 78 1 Violations and Enforcement of Fair Housing Housing Discrimination Complaints filed with State and Federal Organizations Formal complaints related to housing discrimination in the State of Virginia are generally filed with HUD's Office of Fair Housing and Equal Opportunity (FHEO), the Housing and Civil Enforcement Section of the United States Department of Justice. A party who believes they have been a victim of illegal discrimination, based on their membership in one of the federally protected classes, during a housing related transaction, may file a complaint with the Department of Housing and Urban Development (HUD). When a complaint is filed, HUD will investigate the complaint and try to conciliate the matter with both parties. FHEO administers and enforces federal laws and establishes policies that ensure all Americans have equal access to the housing of their choice. In addition to general fair housing discrimination complaints, HUD accepts specific complaints that violate Section 504 of the Rehabilitation Act of 1973, prohibiting programs or organizations that receive federal funds from discriminating against persons with disabilities. In relation to housing, this means that any housing program that accepts federal funds must promote equal access of units, regardless of disability status. Both mental and physical disability are included in Section 504. An example of a Section 504 violation is a public housing manager who demands a higher housing deposit to a person in a wheelchair because of the anticipated damage that a wheelchair may cause. This violates Section 504 in that a person cannot be held to different standards or liabilities due to disability. Complaints that are in violation of Section 504 are filed and processed in the same manner as general fair housing complaints. Actions for a Violation Housing Discrimination Complaints filed with State and Federal Organizations Formal complaints related to housing discrimination in the State of Virginia are generally filed with HUD's Office of Fair Housing and Equal Opportunity (FHEO) and Virginia Fair Housing Office—Department of Professional and Occupational Regulation. 1 79 HUD — Multifamily Housing Complaint Line The Multifamily Housing Complaint Line is a service provided by HUD's Multifamily Housing Clearinghouse (MFHC) that enables residents of HUD-insured and -assisted properties and other community members to report complaints with a property's management concerning matters such as poor maintenance, dangers to health and safety, mismanagement, and fraud. It can be accessed by dialing 1-800-MULTI-70 (1-800-685-8470). Callers to this line can speak to MFHC information specialists, in both English and Spanish, who will help them resolve their problem. MFHC staff explain how to more effectively report problems to building management, answer questions about residents' rights, and refer callers to local Public Housing Agencies and other organizations, if needed. If a complaint is serious enough to bring to HUD's attention, MFHC information specialists write up a report on the problem and fax or email it to the appropriate HUD Field Office for action. The Multifamily Housing Complaint Line supports HUD's enforcement efforts by empowering tenants and community residents to act as HUD's eyes and ears to ensure safe, decent and sanitary housing. Complaints of housing discrimination are handled by the Office of Fair Housing and Equal Opportunity. 80 Roanoke Priorities for Community Change Roanoke will not reach its full potential as a community unless each citizen has the opportunity to reach their full potential. Equity involves the fair distribution of investments and services and the removal of institutional or structural policies that can be barriers to success. Equity is the idea that different groups have different needs and should be provided services determined by their needs. If the City gives everyone equal treatment regardless of their individual needs, then it may be unintentionally creating disparate outcomes. Any conversation on equity must acknowledge racist policies that existed throughout the country and were present here in Roanoke. While openly racist laws may have come and gone, implicit or proxy policies took their place and some have yet to be completely left behind. The consequences of these policies are still felt today, manifested in de facto housing segregation along with persistent disparities in income, education, employment, incarceration rates, community health, and a pronounced wealth gap. Throughout much of the 20th century, African Americans were subjected to a coordinated effort of government and real estate interests that limited where they could live. Jim Crow laws started spreading through the south just as Roanoke was incorporated in 1882. In 1911, Roanoke adopted residential segregation ordinances that remained in place for years until a 1917 Supreme Court decision declared such laws unconstitutional. Roanoke eventually repealed these ordinances, but private interests continued to enforce segregation effectively through private restrictive covenants in deeds and through redlining. Redlining was the practice of mortgage and mortgage insurance companies that rated neighborhoods based on perceived risk of default. "Hazardous" or "Fourth grade" classifications were given to low income neighborhoods disproportionately occupied by African American families. 4 These practices, individually and cumulatively, had insidious results. Limiting African American families to a relatively small area of the City and limiting the number of housing units available to them. Segregation induced scarcity which drove up rents for Black residents. For those who could get a mortgage within the redlined areas, the interest rates were much higher. Barriers to home purchase put constraints on opportunities to build wealth through home equity. Denial of those opportunities for many decades is largely responsible for today's large wealth gap between Whites and African Americans in the United States. I 81 The Fair Housing Act of 1968 made it illegal to discriminate in renting and selling homes but that would not be the end of racist policies. Passed nearly two decades earlier, the Federal Housing Act of 1949 allowed the federal government to aid cities in clearing what was termed as blighted conditions to allow for newer development. Ironically,the substandard conditions were usually a result of decades of municipal neglect. Disguised as a way to help low-income blighted communities, the Federal Housing Act of 1949 paved the way for the removal of low-income minority communities for development projects that benefited other communities. The government paid residents an average of$3,000 for their homes with a promise that new, affordable, and better houses would be built in the neighborhood for the displaced residents to purchase. However, in most cities including Roanoke, that promise was never met. These programs often resulted in the destruction of African-American neighborhoods, perceived as blighted through biased eyes. Residents of these neighborhoods viewed these neighborhoods differently than those looking in from the outside. What may have seemed to be run down areas were actually vibrant, complete neighborhoods where residents had access to stores, pharmacies, schools — everything needed for day-to-day life. Residents knew their neighbors and there was a strong sense of community. In Roanoke, neighborhood urban renewal projects were focused on the African-American neighborhoods in northeast and northwest Roanoke adjacent to downtown. All told, 83 acres were cleared for Interstate 581, the Civic Center, Post Office, Coca-Cola plant, and other commercial and industrial uses. No houses were built back in the area forcing residents to relocate to other parts of the City, primarily in the northwest sector. Residents lost wealth in the form of home equity, as homes were purchased at low dollar amounts and displaced residents were resettled, often in rental units or public housing. Urban renewal wasn't just a housing issue, but the displacement shattered an intangible sense of community. Moving Forward as an Equitable City The consequences of segregation laws, real estate practices, and urban renewal are evident today, not just in the City's development patterns physically, but also socially, economically, and psychologically. Today, consequences are manifested in identifiable neighborhood patterns that show worse health outcomes, less economic mobility, poorer education levels, and lower employment. 82 Those disparate outcomes are pronounced in the African American communities located in the northwest quadrant of the City. However,these disparate patterns of health outcomes, economic mobility, educational attainment and employment are not isolated to those neighborhoods. As a community, we must understand how intentional practices created barriers to the success of African Americans and other residents of Roanoke. As we learn and reconcile these inequities, we must also look forward to how we can apply these lessons to all individuals regardless of race, ethnicity, age, gender, gender identity, disability, sexual orientation, and any other characteristic upon which people are discriminated against, oppressed, or disadvantaged. As the City continues to grow and becomes increasingly more diverse, we must understand the needs and concerns of all residents and strive to build trust, support upward mobility, remove barriers affecting neighborhood choice, champion an inclusive community, and provide services equitably. Interwoven Equity is the idea that decision making and policy making are based on principles of equity and are examined for bias and potential unintended consequences for any specific group of people.To that end, five priorities emerged: 1. Trust 2. Break the Cycle of Poverty 3. Neighborhood choice 4. Inclusion Culture 5. Service Delivery 83 Priority One: Trust While overtly discriminatory policies of the past have largely been removed, there is still a responsibility for City government and its current leadership to regain trust following the trauma experienced by African American communities. For the community to thrive as a whole, the City government must work to build trust through its actions. Policy 1: Remove legal elements of institutional or structural bias Action Items: • Review and eliminate City codes and policies based on explicit or implicit biases, and advocate the same approach for state laws and policies • Advocate for criminal justice reforms that address systemic and interrelated issues of our time such as mass incarceration, militarization of police, implicit bias, school—to-prison pipeline, the war on drugs, and mandatory sentencing • Enable complete neighborhoods to develop within the framework of the zoning code, providing access to affordable housing, services, and employment • Ensure the diversity of advisory and decision-making bodies reflects the diversity of Roanoke Policy 2: Lead community healing This policy recognizes that healing is a complex, long term process, requiring engagement of Roanoke's communities to determine meaningful ways to acknowledge past injustices and build trust. Action Items: • Create an office or Council-appointed commission that evaluates existing and proposed policies through an equity lens • Initiate community dialog on equity and community issues • Develop an educational component in schools on the historical experience of African Americans in Roanoke and embrace statewide changes to history curricula that accurately depicts the Civil War and Reconstruction • Build capacity (ability and experience) for neighborhood-based organizations to carry out or direct appropriate community improvements and services 84 • Complete visible community-identified public facility improvements to demonstrate commitment, especially those that were previously recommended in neighborhood plans • Commit to ensuring that the diversity of City staff, commissions, and boards reflects the diversity of Roanoke and require the same of larger community organizations the City supports financially 85 Priority Two: Break the Cycle of Poverty A variety of factors affect people in poverty in ways that make it difficult to break the cycle of poverty. This priority focuses on policies that provide pathways to upward mobility and remove the obstacles that get in the way of success. Policy 1: Establish neighborhood-adjacent districts as the priority areas for job creation Many neighborhoods in the core of the City have underused commercial and industrial zones in the neighborhood (for example, Shenandoah Avenue, NW, Campbell Avenue, SE, and Plantation Road, NE). Economic development efforts are often directed toward more remote industrial centers that are less accessible for people. This policy favors turning the focus back to central areas that already have infrastructure in place and are accessible by walking, biking, or transit. Action Items: • Inventory central area commercial and industrial districts to develop strategies and incentives for redevelopment • Create accessible information about starting a business • Create programs to facilitate new business startups by local entrepreneurs • Provide incentives for new business development in core districts • Ensure incentives are conditioned on living wage job creation Policy 2: Provide supportive interventions strategically This policy is about establishing gateways for people to gain access to the best set of resources available to meet their needs. Interventions should be supportive in the sense that they fill an immediate need and should then go further to make sure the support provides for the overall well- being of the individual as they look to improve their immediate situation. Action Items: • Support programs that help people deal with multiple issues holistically through referrals to the varied forms of support an individual may need • Ensure preventive mechanisms are in place for helping at-risk people to prevent more serious issues (e.g., underemployment, homelessness, health issues, and unsafe housing conditions) 86 • Make gateways to services accessible in neighborhoods (such as in libraries and schools) • Prioritize employment preparation and workforce development for groups that need more support • Ensure convenient access to employment networks (build social capital) • Support and improve financial literacy services • Connect the Blue Ridge Interagency Council on Homelessness with the Police and other City staff to better serve people who are experiencing homelessness Policy 3: Provide schools that serve low- and moderate-income neighborhoods with additional programs and resources to enable students to perform on equal footing with students in other schools Education is key to a successful life. As early as third grade, one's reading level can predict success or failure later in life. At the elementary level, it is vital that all children have access to the same opportunity of learning, but some schools simply have children that face much different obstacles in life than children in other schools. There is a general pattern of schools that perform poorly because of where the children start in terms of social and economic factors like race,family income, (or both) as well as their home environment. Beyond education fundamentals, schools that serve low to moderate income neighborhoods should emphasize building the self-worth/self-esteem of students and aspire them to seek opportunities in life. Applying the principle of equity would mean those schools get special programs and additional resources to help students succeed. Action Items: • Attract and retain highly qualified, diverse teachers who want to teach in an urban environment including recruitment from historically black colleges and universities • Provide salary incentives to retain talent in schools with greater need • Continue programs that provide focused opportunities to at-risk students • Provide high-quality supportive services in schools (e.g., medical services, mental health services, nutrition) 87 Policy 4: Provide quality education for all residents. Just as the school system provides special programs and additional resources to those students most in need, the school district will also offer top-notch educational opportunities for all residents. High quality school curriculum not only helps support the success of current students but also helps support population and economic growth within the City. In order to increase our working age population, the City must have quality schools that retain families and are competitive regionally. Action Items: • Continue our partnerships with institutions of higher learning in our area • Expand opportunities for virtual education to help provide a variety of opportunities for children • Attract and retain highly qualified administrative leaders and top-notch educators • Strengthen joint partnerships with the Roanoke City Police Department, Sheriff's Department, Roanoke Fire and EMS, Department of Social Services, and mental health agencies to continue to improve safety • Identify and cultivate collaborative opportunities with businesses, non-profits, community organizations, and faith-based organizations within each school neighborhood • Support the Roanoke City Public Schools Strategic Plan 88 Public and Private Sector Fair Housing Enforcement Effective fair housing enforcement lies at the heart of a comprehensive program to affirmatively further fair housing.The structure of this program varies among communities based on community size and resources. To assure good standing for HUD's Community Planning and Development (CPD) programs, the City of Roanoke should address any and all concerns expressed by HUD in contract conditions that relate to fair housing and equal opportunity performance as required by the laws and regulations governing these programs. These concerns include any and all court decisions relating to fair housing and other civil rights laws to which the jurisdiction is subject. Informational Programs All jurisdictions, regardless of whether they have completed an Al, should be conducting education and outreach activities. The Analysis of Impediments to Fair Housing Choice is not comprehensive if it fails to address the lack of knowledge in the general public and among Government and other community officials and leaders about actions constituting discriminatory behavior, fair housing laws, and fair housing objectives. Jurisdictions should regularly assess the effectiveness of such activities in informing people of their rights and responsibilities and in reducing the kinds of prejudice and intolerance that lead to discriminatory actions. Specific efforts to change the way programs have been administered are essential in situations where a determination of unlawful segregation or other housing discrimination is made by a court or where HUD makes a finding of noncompliance regarding assisted housing within a jurisdiction. These programs should describe clearly and completely each of the steps the jurisdiction and other affected administering agencies are undertaking to address the determination or finding.They should emphasize those actions that will entail revising or developing new policies and procedures in response to court or HUD requirements. 89 Conclusions and Recommendations City of Roanoke is committed to eliminating racial and ethnic segregation, illegal physical and other barriers to persons with disabilities and other discriminatory practices in housing. The City works to: • Analyze and eliminate housing discrimination • Promote fair housing choice for all persons • Provide opportunities for inclusive patterns of housing occupancy regardless of race, color, religion, sex, familial status, disability and national origin • Promote housing that is structurally accessible to, and usable by, all persons, particularly persons with disabilities • Foster compliance with the nondiscrimination provisions of the Fair Housing Act. Impediments to fair housing choice are • Any actions, omissions, or decisions taken because of race, color, religion, sex, disability, familial status, or national origin that restrict housing choices or the availability of housing choices, • Any actions, omissions, or decisions that have this effect. Policies, practices, or procedures that appear neutral on their face but which operate to deny or adversely affect the provision of housing to persons of a particular race, color, religion, sex, disability, familial status, or national origin may constitute such impediments. Impediments include actions or omissions in the jurisdiction's public or private housing sector that: • Constitute violations, or potential violations, of the Fair Housing Act • Community resistance when minorities, persons with disabilities and/ or low-income persons first move into white and/or moderate-to high- income areas • Community resistance to the siting of housing facilities for people with disabilities in residential neighborhoods based on their disabilities • Have the effect of restricting housing opportunities on the basis of race, color, religion, sex, disability, familial status, or national origin. 90 Impediments to Fair Housing Choice and Action Steps As a recipient of HUD CDBG Entitlement funds,the City of Roanoke is committed to Affirmatively Further Fair Choices for all residents.This Al has provided an assessment of City's population demographics, RCAPs, employment trends, housing market conditions, educational attainment, housing needs, foreclosures and evictions, and private lending practices, which provides a framework to identify impediments to fair housing choice and corrective actions. Although many issues that affect fair housing choice have been identified,the City is limited in resources and ability to impact all areas. City of Roanoke recognizes the following impediments which may have a direct and substantial impact on fair housing choice and are within the City's ability to impact. IMPEDIMENT #1 — Lack Familiarity with Fair Housing Act Many landlords are not aware of their responsibilities to provide "reasonable accommodations" as required by the Fair Housing Act. Under the Fair Housing Act housing providers must make "reasonable accommodations in rules, policies practices, or services when such accommodations may be necessary to afford a person with a disability the equal opportunity to use and enjoy a dwelling." Survey respondents and community stakeholders provided examples of fair housing violations where residents of protected classes did not have the same opportunities to rent or purchasing house. Goal: Increase awareness and compliance with Fair Housing laws. 4 Action Items: • Continue working with Virginia Housing Office - DPOR to promote fair housing educational opportunities. • Continue to promote April as Fair Housing Month to increase the public's awareness of the Fair Housing Act. Display posters at City of Roanoke offices and provide posters to partners. • Utilize the FHEO logo in City's documents to raise awareness of Fair Housing. • Provide citizens with fair housing information utilizing the Fair Housing and Housing Affordability outreach flyers. • Promote renters' advocacy groups and when necessary, refer them to the Virginia Fair Housing Center legal counsel. 91 IMPEDIMENT #2 — Lack of informational and outreach activities Community feedback and input from residents in the Community Needs Survey consistently focused on the challenges faced by people renting housing. Goal: Provide greater outreach and support to residents experiencing fair housing violations. Action Items • Ask CDBG subrecipients and community partners to distribute information to all of their clients on Fair Housing and how to make a fair housing complaint. • Target outreach to reach protected classes. • Work with the Roanoke Fair Housing Board, area stakeholders, and HUD subrecipients to coordinate outreach efforts. For example, in one month everyone coordinates a fair housing message about how to file a complaint or focusing on outreach to one protected class of residents. IMPEDIMENT #3 — Lack of record maintenance of fair housing activities The City of Roanoke has consistent record maintenance of for fair housing activities. The City can improve upon record keeping as one way to measure the effectiveness of fair housing programs and need within the community. Record keeping is best when it tracks; • Call log of any residents calling with fair housing concerns or complaints • Actions take to eliminate identified impediments • Description of the financial and in-kind support for fair housing projects • Integration of identified impediments and progress to address impediments into the Annual Action Plan and CAPER process. 92 APPENDIX B - Housing and Related Laws HUD, FAIR HOUSING AND EQUAL OPPORTUNITY Richmond Field Office Phone (800) 842-2610 Fax (804) 822-4987 TTY: (800) 877-8339 @hud.gov ttps://www.hud.gov/fairhousing FHEO Intake Specialist 1-800-669-9777 or 1-800-877-8339 Information About Filing a Complaint If you believe your rights may have been violated, you are encouraged to submit a complaint. Because there are time limits on when a complaint can be filed with HUD after an alleged violation, you should submit a complaint as soon as possible. When submitting a complaint, please provide as much information as possible, including: • Your name and address; • The name and address of the person(s) or organization your complaint is against; • The address or other identification of the housing or program involved; • A short description of the event(s) that cause you to believe your rights were violated; and • The date(s) of the alleged violation. Privacy Statement: The information submitted to HUD may be used to investigate and process claims of housing and other types of discrimination. It may be disclosed for lawful investigatory purposes, including to the U.S. Department of Justice for its use in the filing of pattern and practice suits of housing discrimination or the prosecution of the person(s) who committed the discrimination where violence is involved; the public, where appropriate; and to State or local fair housing agencies that administer substantially equivalent fair housing laws for complaint processing. Though disclosure of the information is voluntary,failure to provide some or all of the requested information may result in the delay or denial of help with your housing discrimination complaint. 93 Retaliation Is Illegal It is illegal to retaliate against any person for making a complaint,testifying, assisting, or participating in any manner in a proceeding under HUD's complaint process at any time, even after the investigation has been completed. The Fair Housing Act also makes it illegal to retaliate against any person because that person reported a discriminatory practice to a housing provider or other authority. If you believe you have experienced retaliation, you can file a complaint. Assistance for Persons with Disabilities HUD provides a toll-free teletypewriter (TTY) line: 1-800-877-8339. You can also ask for disability- related assistance when you contact FHEO, including reasonable accommodations and auxiliary aids and services. Assistance for Persons with Limited English Proficiency You can file a complaint in any language. For persons with limited English proficiency, HUD provides interpreters. HUD also provides a Spanish language version of the online housing complaint form. You can find descriptions of your fair housing rights in several languages other than English at https://www.hud.gov/fairhousing. 94 Statutes Fair Housing Act 42 U.S.C. §§ 3601-19 Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), as amended, prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, because of race, color, religion, sex, familial status, national origin, and disability. It also requires that all federal programs relating to housing and urban development be administered in a manner that affirmatively furthers fair housing. Title VI of the Civil Rights Act of 1964 42 U.S.C. § 2000d-1 Title VI prohibits discrimination on the basis of race, color, and national origin in programs and activities receiving federal financial assistance. Section 504 of the Rehabilitation Act of 1973 29 U.S.C. § 794 Section 504 prohibits discrimination based on disability in any program or activity receiving federal financial assistance. Section 508 of the Rehabilitation Act of 1973 29 U.S.C. § 794d Section 508 requires federal agencies to ensure that the electronic and information technology they develop, procure, or use allows individuals with disabilities to have ready access to and use of the information and data that is comparable to that of individuals without disabilities. Title II of the Americans with Disabilities Act of 1990 42 U.S.C. §§ 12131— 12165 Title II of the ADA prohibits discrimination based on disability in programs and activities provided or made available by public entities. HUD enforces Title II with respect to housing-related programs and activities of public entities, including public housing, housing assistance and housing referrals. Title III of the Americans with Disabilities Act of 1990 42 U.S.C. § 12181-12189 Title III of the ADA prohibits discrimination based on disability in the goods, services,facilities, privileges, advantages, and accommodations of places of public accommodations owned, leased, or operated by private entities. The Department of Justice enforces Title III of the ADA, but certain HUD recipients and private entities operating housing and community development programs are covered by Title III of the ADA. Architectural Barriers Act of 1968 42 U.S.C. § 4151 et seq. 95 • The Architectural Barriers Act requires that buildings and facilities designed, constructed, altered, or leased with certain federal funds after September 1969 must be accessible to and useable by persons with disabilities. Section 109 of Title I of the Housing and Community Development Act of 1974 42 U.S.C. § 5309 Section 109 prohibits discrimination on the basis of race, color, national origin, sex, and religion in any program or activity funded in whole or in part under Title I of the Community Development Act of 1974, which includes Community Development Block Grants. Title IX of the Education Amendments Act of 1972 20 U.S.C. §§ 1681-83, 1685-88 Title IX prohibits discrimination on the basis of sex in any education programs and activities that receive federal financial assistance. HUD enforces Title IX when it relates to housing affiliated with an educational institution. Violence Against Women Act 42 U.S.C. § 14043e-11 VAWA provide housing protections for victims of domestic violence, dating violence, sexual assault, and stalking in many of HUD's housing programs. VAWA also requires the establishment of emergency transfer plans for facilitating the emergency relocation of certain tenants who are victims of domestic violence, dating violence, sexual assault, or stalking. Age Discrimination Act 42 U.S.C. §§ 6101—6107 The Age Discrimination Act of 1975 prohibits discrimination on the basis of age in programs and activities receiving federal financial assistance. 1 96 Executive Orders Executive Order 11063 Equal Opportunity in Housing Executive Order 11063, issued on November 20, 1962, prohibits discrimination in the sale, leasing, rental, or other disposition of properties and facilities owned or operated by the federal government or provided with federal funds. Executive Order 12892 Leadership and Coordination of Fair Housing in Federal Programs: Affirmatively Furthering Fair Housing Executive Order 12892, issued on January 17, 1994, requires federal agencies to affirmatively further fair housing in their programs and activities, and provides that the Secretary of HUD will be responsible for coordinating the effort. Executive Order 12898 Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations Order 12898, issued on February 11, 1994, requires that each federal agency conduct its program, policies, and activities that substantially affect human health or the environment in a manner that does not exclude or otherwise subject persons to discrimination based on race, color, or national origin. Executive Order 13166 Improving Access to Services for Persons With Limited English Proficiency Executive Order 13166, issued on August 11, 2000, requires each federal agency to take steps to ensure that eligible persons with limited English proficiency are provided meaningful access to all federally- assisted and federally-conducted programs and activities. Executive Order 13217 Community Based Alternatives for Individuals With Disabilities Executive Order 13217, issued on June 18, 2001, requires federal agencies to evaluate their policies and programs to determine if any can be revised or modified to improve the availability of community-based living arrangements for persons with disabilities. 1 1 97 Regulations Accessibility Standards for Design, Construction, and Alteration of Publicly Owned Residential Structures 24 C.F.R. part 40 Affirmative Fair Housing Marketing 24 C.F.R. part 108 24 C.F.R. part 110 24 C.F.R. part 200, subpart M 24 C.F.R. § 203.12(b)(3) Affirmatively Furthering Fair Housing 24 C.F.R. §§ 5.150—5.168 Certification and Funding of State and Local Fair Housing Enforcement Agencies 24 C.F.R. part 115 Collection of Data 24 C.F.R. part 121 Discriminatory Conduct Under the Fair Housing Act 24 C.F.R. part 100 Equal Access Rule 24 C.F.R. § 5.105 24 C.F.R. § 5.106 Fair Housing Act Complaint Processing 24 C.F.R. part 103 Fair Housing Poster 24 C.F.R. part 110 Fair Housing Initiatives Program 24 C.F.R. part 125 Information and Communication Technology Standards and Guidelines 36 C.F.R. part 1194 Nondiscrimination and Equal Opportunity in Housing Under Executive Order 11063 24 C.F.R. part 107 Nondiscrimination Based on Handicap in Federally-Assisted Programs and Activities of the Department of Housing and Urban Development 98 24 C.F.R. part 8 Nondiscrimination in Federally-Assisted Programs of the Department of Housing and Urban Development—Effectuation of Title VI of the Civil Rights Act of 1964 24 C.F.R. part 1 Nondiscrimination in Programs and Activities Receiving Assistance under Title I of the Housing and Community Development Act of 1974 24 C.F.R. part 6 Nondiscrimination on the Basis of Age in HUD Programs or Activities Receiving Federal Financial Assistance 24 C.F.R. part 146 Nondiscrimination on the Basis of Disability in State and Local Government Services 28 C.F.R. part 35 Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance 24 C.F.R. part 3 Protection for Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking 24 C.F.R. §§ 5.2001—5.2011 0 99 RRHA CITY of ROANOKE REDEVELOPMENT and HOUSING AUTHORITY PARTNERS IN PROGRESS Report to City Council for the City Fiscal Year July 1, 2022 to June 30, 2023 Highlights New Activities. Homeownership RRHA was approved by HUD in 2015 for a Section 32 Homeownership program, which allows the sale of five (5) scattered site public housing properties that currently are leased. This program provides additional homeownership opportunities for HUD-assisted renters and other low to moderate income families in the Roanoke community. Tenants were advised that they may choose to purchase the homes if they can obtain financing. Tenants will be relocated in the event that a property is sold to another buyer. To date, two (2) of the five (5) properties remain available, as two (2) have been sold, and one is under renovation for a qualified buyer. RRHA continues to operate a Lease-Purchase homeownership program and has three (3) eligible applicants currently leasing units, and two (2) that are waiting on units to be renovated. There are only two (2) homes available in the program for new applicants. RRHA works with residents in various ways to help them achieve homeownership. Partner agencies such as Total Action for Progress and Southeast Rural Community Assistance Project provide homeownership and financial counseling, and RRHA's FSS staff directs residents there and elsewhere for the appropriate services. Homeownership is also a part of RRHA's EnVision Center. RRHA was awarded a grant by the Roanoke Valley Allegany Regional Commission for $113,000 to help build an additional 2 homes on Centre and Rorer Avenue. Proceeds from the homeownership fund will supplement the grant award. New Public Housing via Disposition Proceeds RRHA is in the process of developing two (2) new public housing units on Bluestone Avenue, NE, adjoining the Bluestone Park public housing development. RRHA acquired the property in 2020 after HUD approved an acquisition proposal. RRHA has submitted a development proposal for the units in 2021. The funding for these units will be from the Capital Fund Program and proceeds from the sale of RRHA's former warehouse property on Whiteside Ave, NE. That property was sold in 2017 after HUD approved disposition of it in 2016. Page 1 of 7 Project-Based Vouchers RRHA is currently using 79 of its HCVs for project-based vouchers (PBVs) in three developments that RRHA partially owns (or has a controlling interest in); Hillcrest Heights, Park Street Square and Stepping Stone. As RRHA is the owner (or has a controlling interest in) these developments as the limited partner of the Indian Village, Park Street Housing and Stepping Stone Limited Partnerships respectively, there were non-competitive assignments of the vouchers to RRHA. This non-competitive exception is permitted by PIH Notice 2017-21 that provides further guidance on the Housing Opportunities through Modernization Act (HOTMA) of 2016. HOTMA allows PHAs to use up to 20% of their ACC amount rather than 20% of its voucher budget authority as previously required. HOTMA also allows several exceptions for PHAs to exceed this 20% limit. RRHA intends to evaluate additional opportunities for PBV usage to ensure availability of sufficient high quality housing to meet identified housing needs and will set aside or seek new vouchers for this purpose if needed. RRHA intends to use PBVs through the Hurt Park Limited Partnership for the Hurt Park Townhomes in 2022. The development has 40 units. In addition, RRHA intends to procure property owners to use PBVs in the City in Census Tracts that are low in poverty and minority concentration and/or where affordable housing is lacking. A request for proposal will be advertised following RRHA's public procurement regulations. Priority for allocation of PBVs will be considered for those that provide housing for the elderly and disabled, but will not be the sole criteria. In 2022 RRHA issued an RFP for PBVs in new construction developments in low poverty census tracts and awarded such to two developers. However in both cases the PBVs were not allocated. EnVision Center RRHA has been approved by HUD as an EnVision Center Demonstration Site. RRHA's site at 2607 Salem Turnpike, NW was also approved by the HUD Richmond Field Office and acquired in 2020. Renovation of the property was completed in 2022 and the building now provides office space for some RRHA staff, training facilities, space for community gathering and tenants such as Virginia Western Community College and Humankind. . In addition, a community garden was planted in front of the Center by LEAP and The Harvest Collective, partner agencies that are devoted to local food and sustainable agriculture. The garden is used in classes with children nearby who help maintain and harvest the produce from it. The garden benefitted in 2023 from a $2,500 grant from the American Heart Association. Acquisition of Properties for Future Development RRHA hired the Dominion Due Diligence Group to provide consultation on repositioning possibilities; converting public housing to a Section 8 based public/private ownership. RRHA received the final plan in 2022 and has since discussed potential repositioning possibilities, but does not yet have any specific disposition plans for public housing properties. RRHA's proposal to Virginia Housing for an almost 13 acre property in the City was accepted and contract negotiations on the property are underway. RRHA's intent is to develop the property with affordable housing units in a Faircloth to Rental Assistance Demonstration (RAD) conversion. RRHA will also consider RAD and other potential conversion options for public housing sites that are not operating as effectively and efficiently as possible. Page 2 of 7 Redevelopment At present RRHA is only involved in the design review and administrative process of one (1) redevelopment project; the South Jefferson Redevelopment Area. The Virginia Tech Foundation is under a current redevelopment agreement with RRHA after purchasing the former Steagall/Quality Tire site on Williamson Road. The former Surfaces property on Reserve Avenue owned by Carilion Clinic also remains under a redevelopment agreement with RRHA. It is expected by the City of Roanoke that RRHA will not be asked to acquire another property in the area. Since the Virginia Code was amended in 2010 to limit the previous redevelopment powers of housing authorities and local governments, the City of Roanoke and RRHA have not engaged in any new redevelopment plans. However, RRHA remains open to the prospect of working with the City in any future redevelopment projects, particularly if affordable housing can be a feature of such plans. Meetings During the 12 months from July 1, 2022 to June 30, 2023, the RRHA Board of Commissioners held 12 meetings on the following dates: Monday, July 25, 2022 Monday, January 23, 2023 Monday, August 22, 2022 Monday, February 27, 2022 Monday, September 26, 2022 Monday, March 28, 2023 Monday, October 24, 2022 Monday, April 24, 2023 Monday, November 28, 2022 Monday, May 22, 2023 Monday, December 19, 2022 Monday, June 26, 2023 The Annual Meeting of the RRHA Board of Commissioners was held on September 26, 2022, and officers were elected for terms beginning October 1, 2022 and ending September 30, 2023. Public notice was given for all meetings in accordance with applicable statutory and regulatory requirements. Public Hearings During the 12 months from July 1, 2022 to June 30, 2023, the RRHA Board of Commissioners held 3 Public Hearings: • August 22, 2022, to receive comments on the Fiscal Year 2023 Operating Budget ■ May 22, 2023, to receive comments on the proposed 2023 Annual Plan update to the 2020- 2024 Agency Plan • May 22, 2023, to receive comments on the proposed 2023 Capital Fund Program Five-Year Action Plan Public notice was given for all hearings in accordance with applicable statutory and regulatory requirements. Page 3 of 7 Actions: The RRHA Board of Commissioners took action on 38 resolutions between July 1, 2022 and June 30, 2023: July 25, 2022 • Authorizing the execution of a sales agreement with a buyer and authorizing the execution of a deed of conveyance instrument for the sale of 1720 Dupree Street, NW to Mirwais Faizi. August 22, 2022 • Approving a revised action FSS action plan for submission to HUD. • Modifying Contract Number 572-2103-1-7 under Capital Fund Program Grant Number VA36P01150121. September 26, 2022 • Approving the Consolidated Operating Budget for Fiscal Year ending September 30, 2023. • Awarding a contract for porch repairs for single-story apartment units for Villages at Lincoln under Capital Fund Program. October 24, 2022 • Awarding a contract for installation of passive radon vent system for Hunt Manor under Capital Fund Program. • Modifying contract number 900-1806-1-7 using public housing operating funds. • Authorizing the execution of documents necessary to consummate the sale of property located at 938 Peck Street, NW, bearing City of Roanoke tax map number 6090405, to Joesphine Taveras. • Approving paid time off payment. November 28, 2022 • Awarding a Contract for natural gas utility infrastructure improvements for Bluestone Park under capital fund program. • Awarding a contract for replacement of heating systems for Hunt Manor under Capital Fund Program Grant Number VA 36P01150122 and Virginia Housing Public Housing Revitalization Grant. • Awarding a contract for security improvements for Melrose Towers under Capital Fund Program. • Adopting the IRS section 125 premium plan only plan document for the plan year July 1, 2022 through June 30, 2023 and authorizes the Executive Director to execute accordingly. Page 4 of 7 December 19, 2022 • Designating a different place, date, and/or time for certain 2023 regular meetings of the board of commissioners. • Awarding a contract for furnishing and delivery of new gas ranges for Lansdowne Park under Capital Fund Program. • Authorizing execution of documents for joining an intergovernmental cooperative agreement with Sourcewell and W.W. Grainger, Inc. using public housing operating funds. • Awarding a Contract for new construction of two public housing units Bluestone Park, under public housing operating reserves, capital fund program grant number VA36P01150122 and Virginia Housing Public Housing Revitalization Grant. • Awarding a contract for replacement of apartment entrance doors and painting of common areas for Morningside Manor under Capital Fund Program. January 23, 2023 • Awarding a contract for window replacement for Melrose Towers, phase 2, under Capital Fund Program Grant Number VA36P01150122 and Virginia Housing Public Housing Revitalization Grant. • Approving updates to its employee handbook. • Authorization to enter into a memorandum of understanding with the Blue Ridge Continuum of Care to administer 26 Emergency Housing Vouchers allocated by the U.S. Department of Housing and Urban Development. February 27, 2023 • Awarding a contract for repairs due to fire and smoke damage for 1713 Dunbar St., NW, Villages at Lincoln under insurance reimbursement and operating funds. • Authorizing the Executive Director to submit a proposal to and enter into an option or contract for the purchase of property with Virginia Housing (formerly Virginia Housing Development Authority). • Modifying contract 573-2306-1-7 under Capital Fund Program. • Authorizing execution of a modification to purchase order#1221 for maintenance, repair and operating supplies under operating funds. Page 5 of 7 March 27, 2023 • Awarding a contract for replacement of heating and domestic hot water systems for Lansdowne Park, under Capital Fund Program. • Authorizing Executive Director to execute documents for RRHA employee health care benefits. April 24, 2023 • Modifying Contract number 570-2201-1-5 under Capital Fund Program Grant Number VA36P01150119 and Capital Fund Program Grant Number VA36P01150122. May 22, 2023 • Accepting the Audited Financial Statements for the Year Ended September 30, 2022 and Associated Reports Provided by Jump, Perry and Company, LLP. • Approving the 2023 Annual Plan Update to the 2020-2024 Agency Plan for Submission to HUD. • Approving the 2023 Capital Fund 5-Year Action Plan and Budget. • Authorizing the execution of documents necessary to consummate the purchase of property located at 4301 Spanish Trail, NW (Tax Map Numbers 6030101 and 6030104)from Virginia Housing (formerly Virginia Housing Development Authority) under Capital Fund Program Grant Number VA36P01150122 and Central Office Operating Funds. • Approving a revised RRHA Safety Program Policy. • Authorizing the execution of a sales agreement with a buyer and authorizing the execution of a deed of conveyance instrument for the sale of 505 21st Street, NW to Velva N. Reeves. • Authorizing the execution of a sales agreement with a buyer and authorizing the execution of a deed of conveyance instrument for the sale of 1809 Downing Street, NW to Jasmine N. Bray. • Authorizing additional funding for renovation of certain properties in conjunction with the Homeownership Program. • Authorizing the renewal of commercial insurance policies currently held by the Virginia Risk Sharing Association. Page 6 of 7 Attendance 2022 2023 Commissioner 7/25 8/22 9/26 10/24 11/28 12/19 1/24 2/28 3/28 4/25 5/23 6/27 Andrew ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ _ ✓ v Anguiano Peg McGuire ✓ - - - - - Kaelyn ✓ ✓ ✓ ✓ ✓ ✓ V ✓ _ ✓ ✓ ✓ Spickler Edward ✓ _ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ Garner Karen Karney ✓ - V ✓ - ✓ ✓ ✓ ✓ ✓ ✓ ✓ Drew Kepley ✓ ✓ V - ✓ - ✓ ✓ ✓ - V ✓ Duane Smith ✓ - - - ✓ - V - ✓ ✓ ✓ ✓ Karen Walker ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ - ✓ - ✓ ✓ indicates presence - indicates absence (09/2022 Karen Karney attended via phone) (10/2022 Karen Karney attended via phone) (12/2022 Drew Kepley attended via phone) (01/2023 Ed Garner attended via phone) Page 7 of 7 ROANOKE CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: September 5, 2023 Subject: Proposal of the City of Roanoke to amend the 2022 - 2024 HUD Consolidated Plan. Background: City Council approved the 2023 HUD Annual Action Plan update to the five year Consolidated plan for 2020-2024 on May 15, 2023. The plan provided for $500,000 in CDBG funds for the development of 42 affordable housing units by Community Housing Partners. Community Housing Partners informed the city on July 11, 2023, that their application to Virginia Housing for tax credit funding was not successful and the project would not move forward, so the funding will not be needed and can be reallocated to other projects. A number of worthy projects could not be funded under the Annual Plan that can now be considered for partial funding. Considerations: Roanoke's Citizen Participation Plan requires a process for public review and comment whenever a significant change is proposed in the adopted Annual Plan. A 30-day comment period has been advertised for August 11 through September 9 and a public hearing by City Council is required. Comments may be made by phone, email, mail, or in person. Community Resources staff proposes to provide funding for these programs: $200,000 to Total Action for Progress for Major Housing Rehabilitation in the Belmont Fallon Target Area $50,000 to Total Action for Progress for Limited Housing Repair $250,000 designated as an Opportunity Fund for Workforce Housing Development Following the public hearing and public comment period, staff will consider public comment and make adjustments if warranted. The recommendation will be presented to City Council for consideration at its September 18, 2023 meeting. Recommended Action: Open a public hearing and receive comments on the proposed amendment to the Annual Plan. Distribution: Council Appointed Officers Angie O'Brien, Assistant City Manager Chris Chittum, Executive Director of Community Development and Placemaking Lara Burleson, Community Resources Specialist II The Roanoke Times Account Number Roanoke,Virginia 6007932 Affidavit of Publication Date CITY OF ROANOKE-CLERKS OFFICE August 10,2023 Attn Cecelia Webb 215 CHURCH AVE SW ROOM 456 ROANOKE,VA 24011 Date Category Description Ad Size Total Cost 08/19/2023 Legal Notices PUBLIC NOTICE 2 x 0.00 IN 1,024.35 Publisher of the Roanoke Times I,(the undersigned)an authorized representative of the Roanoke Times,a daily newspaper published in Roanoke,in the State of Virginia,do certify that the annexed notice PUBLIC NOTICE was published in said newspapers on the following dates: 08/10/2023 The First insertion being given... 08/10/2023 Newspaper reference: 0001438222 Billing Representative Sworn to and subscribed before me this 10th Day of August 2023 ` 9 Notary Public State of Virginia County of Hanover My Commission expires Y � .�w THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU NOTICE OF PUBLIC COMMENT PERIOD AND PUBLIC HEARING RELATED TO PROPOSED AMENDMENTS TO THE CITY OF ROANOKE 2020-2024 HUD CONSOLIDATED PLAN Effective Friday,August 11,2023,the City of Roanoke,Virginia is seeking public comments related to proposed amendments to its 2020-2024 HUD Consolidated Plan for use of funds received from the U.S.Department of Housing and Urban De- velopment(HUD).The proposed amendments provide for the following(1)the addition of$200,000 in Community Development Block Grant Funds(CDBG)for major housing rehabilitation in the Belmont/Fallon Target Area;(2)$50,000 in CDBG funds for a Limited Housing Repair Program city-wide;and(3)$250,000 of CDBG funding for a Housing Trust Fund to assist in the development of affordable housing in the City of Roanoke. Comments must be received no later than 5:00 PM,Saturday,September 9,2023. Comments can be made by citizens and other interested stakeholders by phone, email,mail or in person. Interested parties are not required to give identifying in- formation when submitting comments. Comments can be directed to Keith Hol- land,HUD Community Resources Administrator at 215 Church Ave SW,Room 305 North,Roanoke VA 24011,(540)853-6404,or keith.holland®roanokeva.gov. More detailed information on the proposed amendments are available for review at the following locations:(1)the Office of the City Clerk,at Room 456,Noel C.Taylor Municipal Building,215 Church Avenue,SW,Roanoke,VA, (2)the Roanoke City Public Library Belmont Branch,1101 Morningside Street SE,Roanoke,VA,and(3) the Office of HUD Community Resources,Room 305 North,Noel C.Taylor Munici- pal Building,215 Church Avenue,SW, Roanoke,VA,and are posted to the City of Roanoke's webpage at www.roanokeva.gov.For additional details,call the City's HUD Community Resources Division at(540)853-6404. Notice is also given that the City Council of the City of Roanoke will hold a public hearing on the above matters at its regular meeting to be held on Tuesday,Sep- tember 5,2023,commencing at 2:00 p.m.,or as soon thereafter as the matter may be heard,in the Council Chamber,4th Floor,Noel C.Taylor Municipal Building,215 Church Avenue,SW,Roanoke,VA.All persons shall be afforded an opportunity to speak and state their views concerning all aspects of the proposed amendments to the Consolidated Plan. The comments received from the public during the 30- day public comment period and at the Tuesday,September 5,2023 public hearing will be used by the City in further developing the amendments to the Consolidat- ed Plan to be submitted to HUD for review and approval. Citizens wishing to address City Council must sign-up with the City Clerk's Office by emailing clerk@rroanokeva.gov or by calling(540)853-2541 by 4:00 p.m.,Thurs- day,August 31,2023. If you are a person with a disability who needs accommoda- tions lot this hearing,please contact the City Clerk's Office at(540)853-2541,be- fore 12:00 noon on Tuesday,September 5,2023. The City of Roanoke provides interpretation at no cost for all public meetings, upon request. If you would like to request an interpreter,please let us know at least 24 hours in advance by calling(540)853-1283. La Ciudad de Roanoke proporciona interpretacion sin costo por todas citas pUblicas,previa solicitud.Si usted desea solicitar un intt rprete,haganoslo saber con al menos 24 horas de antelacien por Ilamar(540)853-1283. Jiji la Roanoke linatoa huduma ya ukalimani bila malipo katika mikutano yote ya umma,inapoombwa.Iwapo ungependa kuomba mkalimani,tafadhali tujulishe angalau saa 24 kabla kwa kupiga simu(540)853-1283. ???77777??????7777777 7777???77777 77777 7777???77777 777777 TM??7 777777??77777 777 777???7777771 777777 77777 777777 77777 77777 24???? ???????????????77777 777777 853-1283 85(540)???????????7777777 Given under my hand this 10th day of August,2023. Cecelia McCoy City Clerk NOTICE OF PUBLIC COMMENT PERIOD AND PUBLIC HEARING RELATED TO PROPOSED AMENDMENTS TO THE CITY OF ROANOKE 2020-2024 HUD CONSOLIDATED PLAN Effective Friday, August 1 1 , 2023, the City of Roanoke, Virginia is seeking public comments related to proposed amendments to its 2020-2024 HUD Consolidated Plan for use of funds received from the U.S. Department of Housing and Urban Development (HUD). The proposed amendments provide for the following (1) the addition of $200,000 in Community Development Block Grant Funds (CDBG) for major housing rehabilitation in the Belmont/Fallon Target Area; (2) $50,000 in CDBG funds for a Limited Housing Repair Program city-wide; and (3) $250,000 of CDBG funding for a Housing Trust Fund to assist in the development of affordable housing in the City of Roanoke. Comments must be received no later than 5:00 PM, Saturday, September 9, 2023. Comments can be made by citizens and other interested stakeholders by phone, email, mail or in person. Interested parties are not required to give identifying information when submitting comments. Comments can be directed to Keith Holland, HUD Community Resources Administrator at 215 Church Ave SW, Room 305 North, Roanoke VA 24011 , (540) 853-6404, or keith.holland@roanokeva.gov. More detailed information on the proposed amendments are available for review at the following locations: (1) the Office of the City Clerk, at Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, SW, Roanoke, VA, (2) the Roanoke City Public Library Belmont Branch, 1101 Morningside Street SE, Roanoke, VA, and (3) the Office of HUD Community Resources, Room 305 North, Noel C. Taylor Municipal Building, 215 Church Avenue, SW, Roanoke, VA, and are posted to the City of Roanoke's webpage at www.roanokeva.gov. For additional details, call the City's HUD Community Resources Division at (540) 853-6404. Notice is also given that the City Council of the City of Roanoke will hold a public hearing on the above matters at its regular meeting to be held on Tuesday, September 5, 2023, commencing at 2:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, 4th Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, SW, Roanoke, VA. All persons shall be afforded an opportunity to speak and state their views concerning all aspects of the proposed amendments to the Consolidated Plan. The comments received from the public during the 30-day public comment period and at the Tuesday, September 5, 2023 public hearing will be used by the City in further developing the amendments to the Consolidated Plan to be submitted to HUD for review and approval. Citizens wishing to address City Council must sign-up with the City Clerk's Office by emailing clerk@roanokeva.gov or by calling (540) 853-2541 by 4:00 p.m. Thursday, August 31 , 2023 . If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office at (540) 853-2541 , before 12:00 noon on Tuesday, September 5, 2023. The City of Roanoke provides interpretation at no cost for all public meetings, upon request. If you would like to request an interpreter, please let us know at least 24 hours in advance by calling (540) 853-1283. La Ciudad de Roanoke proporciona interpretacion sin costo por todas citas publicas, previa solicitud. Si usted desea solicitar un interprete, haganoslo saber con al menos 24 horas de antelacion por Ilamar (540) 853-1283. Jiji la Roanoke linatoa huduma ya ukalimani bila malipo katika mikutano yote ya umma, inapoombwa. Iwapo ungependa kuomba mkalimani, tafadhali tujulishe angalau saa 24 kabla kwa kupiga simu (540) 853-1283. J9" '4939.J . ,9•o u.�ly�,�L.51_)4 4-" u1- 2i iil tiu jl° (j1'°?..5 Ella" ,.,Lit Lc-1_)14 J l.c 14 J.31.1 24 Ui.41 853-1283 85(540) t U1-1>? Given under my hand this 10th day of August, 2023. Cecelia McCoy City Clerk Note to Publisher: Publish in the Legal Section of The Roanoke Times once on Thursday, August 10, 2023. Publish in the Legal Section of The Roanoke Tribune once on Thursday, August 10, 2023. Please send bill and affidavit of publication to: Cecelia F. McCoy, City Clerk 4th Floor, Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 456 Roanoke, Virginia, 24011 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day of September 2023. No. 42739-090523. AN ORDINANCE to appropriate funding from the U.S. Department of Transportation through the Commonwealth of Virginia Department of Motor Vehicles to be a License Agent called a DMV Select Office, amending and reordaining certain sections of the 2023-2024 General Fund and 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 2023-2024 General Fund and Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: General Fund Appropriations Contingency 01-300-9410-2199 $ 9,000 Revenues DMV Fees- City Portion 01-110-1234-0932 9,000 Grant Fund Appropriations FICA 35-110-4530-1120 3,000 Bonus and Separation Pay 35-110-4530-1153 20,000 Administrative Supplies 35-110-4530-2030 4,000 Expendable Equipment (<$5,000) 35-110-4530-2035 5,000 Training and Development 35-110-4530-2044 4,000 Revenues DMV Fees- Treasurer Portion 35-110-4530-4530 36,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: Lint;e64t- — 7:r City Clerk. s_ 1, PrP7771 ROANOKE CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: September 5, 2023 Subject: Virginia Department of Motor Vehicles (DMV) — DMV Select Program. Background: In February, 2017, the City of Roanoke Treasurer's Office entered into an agreement with the Commonwealth of Virginia Department of Motor Vehicles to be a License Agent called a DMV Select Office. This agreement is on an annual basis from July 1 — June 30 of each year. The agreement is signed by the City Treasurer, the City Manager, and the Commissioner of DMV. The transactions that can be processed by the Roanoke City DMV Select are specifically authorized by DMV and any additional authorized transactions or duties to be assigned to the DMV Select Office will be identified in writing. The City Treasurer receives compensation monthly at a rate of 4.5% up to the first $500,000 in gross transactions and 5.00% over $500,000. This rate schedule starts over at each July 1. The monthly compensation fees are split with the City receiving 20% and the City Treasurer receiving 80%. Considerations: City Council action is needed to accept and appropriate funds received for reimbursement to the City of Roanoke Treasurer for being a License Agency of DMV ("DMV Select"). Recommended Action: Adopt the accompanying budget ordinance to establish a revenue estimate in the amount of $45,000 with 20% or $9,000 going into the General Fund account 01-110-1234-0932 DMV Fees-City which has already been appropriated and 80% or $36,000 into the Grant Fund. Appropriate funding of$9,000 has already been appropriated into the City Manager Contingency account 01-300-9410-2199 and the Treasurer's portion, $36,000, into the Grant Fund accounts to be established by the Director of Finance. hkeDItlit Terra Heavner, Chief Deputy Treasurer Distribution: Council Appointed Officers Amelia C. Merchant, Deputy Director of Finance Brent Robertson, Assistant City Manager of Community Development/Director of Finance IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day of September 2023. No. 42740-090523. A RESOLUTION accepting the donation of funds from Pathfinders for Greenways, Inc., in the total amount of $172,000, to be used to construct parking facilities along the Roanoke River Greenway located at Bridge Street; authorizing the City Manager or his designee to execute any necessary documents, provide any information, and to take any necessary actions in order to obtain, accept, receive, implement, administer, and use such funds; and expressing the City's appreciation for such donation. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts the donation of $172,000 from the Pathfinders for Greenways, Inc., as more fully set forth in the City Council Agenda Report dated September 5, 2023, to this Council. 2. The City Manager or his designee is authorized to execute any necessary documents, provide any information, and to take any necessary actions in order to obtain, accept, receive, implement, administer, and use the donated funds for use as part of the City's matching funds for the Roanoke Greenway Construction Project as set forth in the September 5, 2023 Agenda Report. 3. This Council wishes to express its sincere appreciation and that of the citizens of the City of Roanoke to Pathfinders for Greenways, Inc., for their generous donation to the City for improvements to the Roanoke River Greenway Construction Project. ATTEST: City Clerk. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day of September 2023. No. 42741-090523. AN ORDINANCE appropriating funding from Pathfinders For Greenways, amending and reordaining certain sections of the 2023-2024 Capital Projects Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2023-2024 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Capital Projects Fund Expenditures Approp. From 3rd Party 08-620-9254-9004 $ 172,000 Revenues Greenway Parking Facilities Pathfinders Portion 08-620-9254-9258 $ 172,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. Pr"."7111... .AN ROANOKE CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: September 5, 2023 Subject: Acceptance of Pathfinders Funding for the Roanoke River Greenway Parking Facilities at Bridge Street. Background: The last segment of the Roanoke River Greenway, labeled 'Bridge the Gap', has been completed. This segment starts at Bridge Street and continues upstream past the NS Material Yard to Aerial Way Drive. With the completion, the Roanoke River Greenway will be continuous for approximately 10 miles within the City. The intersection of the Greenway and Bridge Street, which provides users with access to the Norwich, Hurt Park and Mountain View Neighborhoods, is a popular location with parking facilities to the East of Bridge Street. As more pieces of the Greenway system are connected, it is anticipated that the need for parking at the Bridge Street entrance will grow. As such, plans were developed for 21 additional spaces on the West side of Bridge Street. The cost associated with the construction of the new parking facilities is $344,000.00. Pathfinders, a regional Greenway partner, has agreed to match local City funds in order to construct the parking facilities. Considerations: The local City match will be funded from the Roanoke River Greenway - NS Material Yard to Bridge Street. Account 08-620-9254. Recommended Action: Accept Pathfinder's award of $172,000.00 and authorize the City Manager or his designee to take such further actions and execute such further documents, approved as to form by the City Attorney, as may be necessary to obtain, accept, implement, administer, and use such fund identified above. Adopt the accompanying Budget Ordinance to establish revenue estimates for the funding sources identified above and appropriate funding in the same amount to the new expenditure account, Roanoke River Greenway - NS Material Yard to Bridge Street. Bob Cowell, City Manager Distribution: Council Appointed Officers Samuel Roman, Assistant City Manager Amelia C. Merchant, Deputy Director of Finance Ross Campbell, P.E., Director of Public Works Luke Pugh, P.E., City Engineer IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day of September 2023. No. 42742-090523. A RESOLUTION authorizing acceptance of the FY2022 Continuum of Care("CoC")Grant Award to the City of Roanoke,on behalf of the Department of Social Services' Homeless Assistance Team ("HAT"), from the U. S. Department of Housing and Urban Development ("HUD"), in the amount of$140,422, upon certain terms and conditions; and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke, on behalf of its Department of Social Services' Homeless Assistance Team,hereby accepts the FY2022 CoC Grant Award from the U.S.Department of HUD, in the amount of$140,422, with a local cash match of$54,201 from the City, for a total program budget of$194,623,to assist homeless persons in their transition from streets and emergency shelters and/or directly to permanent housing, as more particularly set forth in the City Council Agenda Report dated September 5, 2023. 2. The City Manager or his designee is hereby authorized to execute and file,on behalf of the City, the grant agreement and all necessary documents required to accept such grant. All documents shall be upon form approved by the City Attorney. 3. The City Manager or his designee is further directed to furnish such additional information as may be required in connection with the City's acceptance of this grant. ATTEST: • (1)1-4f—di City Clerk. , IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day of September 2023. No. 42743-090523. AN ORDINANCE to appropriate funding from the United States Department of Housing and Urban Development for the Homeless Assistance Team Grant, amending and reordaining certain sections of the 2023-2024 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 2023-2024 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Grant Salaries 35-630-5459-1200 $ 159,808 Program Activities 35-630-5459-2066 34,815 Revenues CoC HAT Program FY24 - Federal 35-630-5459-5462 140,422 CoC HAT Program FY24 - Local 35-630-5459-5463 54,201 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: 114e6,-y-_ City Clerk. —m ROANOKE CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: September 5, 2023 Subject: Acceptance of Funds from the U.S. Department of Housing and Urban Development's Continuum of Care Program for the Coordinated Assessment System. Background: The Continuum of Care ("COC") is a group consisting of service providers, neighboring localities, including the City of Roanoke, and homeless/formerly homeless individuals, whose role is to develop a long-term strategic plan and manage a year-round planning effort that addresses the identified needs of homeless individuals and households; the availability and accessibility of existing housing and services; and the opportunities for linkages with mainstream housing and services resources. On March 28, 2023, the U.S. Department of Housing and Urban Development (HUD) released the FY 2022 CoC program competition grant awards. These Continuum of Care (CoC) grants will help end homelessness and provide critically needed support to local programs on the front lines of serving individuals and families experiencing homelessness. The City of Roanoke received $49,070 for the Coordinated Assessment System (CAS) grant. The CAS grant collaborates with all CoC HUD funded projects, emergency shelters and domestic violence programs in the Continuum. There is a partnership with the Roanoke City Schools' Homeless Student Program along with other prevention agencies in the community. Considerations: In-kind match requirements in the amount of $18,672 is being provided in the form of oversight by the Human Services Administrator at 25% of annual salary as identified on Attachment "A". Recommended Action: Accept the HUD CAS grant in the amount of $49,070 and authorize the City Manager to execute the grant documents associated with this funding. All documents shall be approved as to form by the City Attorney. Adopt the accompanying budget ordinance in the amount of$49,070, establish a revenue estimate in the amount of$49,070 and appropriate the same amount into expenditure accounts to be established by the Director of Finance in the Grant Fund. r , ,,,4e,,7 Bob Cowell, City Manager Distribution: Council Appointed Officers Angela O'Brien, Assistant City Manager for Community Development Gwendolyn Coleman, Director of Human and Social Services Matthew R. Crookshank, Human Services Administrator Amelia C. Merchant, Deputy, Director of Finance U. S. Department of Housing and Urban Development PSMENTq. Richmond Field Office off* II II '9o0. 600 E.Broad Street,Floor 3 Is * I I I * o Richmond,VA 23219-1800 1-800-842-2610 G9•4N DE'4* June 6, 2023 Mr. Robert Cowell City Manager City of Roanoke 215 Church Avenue SW, #364 Roanoke, Virginia 24011 Dear Mr. Cowell: SUBJECT: Processing Your FY2022 Continuum of Care (CoC)Grant Agreements Congratulations on the final selection of the City of Roanoke for renewal grant funding under the FY 2022 Continuum of Care(CoC)program. These one-year awards will support your program, further contributing to our national effort to end homelessness. Only those projects listed in the attached agreements are funded. HUD's total funding obligation for these grants is S189,492. allocated between the funded projects,within those projects, and between budget line items, as outlined within each respective agreement. I have enclosed a copy of the Grant Agreement that constitute the agreement between the City of Roanoke and HUD. Please sign and return to this office within two weeks of receipt of this letter. When they are received, HUD will sign, execute, and return a copy to you. Please note that your grants cannot begin and HUD cannot disburse any funds to you for this project until the Grant Agreement is fully executed and the period of performance has been reached. If you have any questions,please call me at(202) 422-0021. Staff requiring technical assistance should contact Mr. Michael D. Allen, Community Planning& Development Representative at(804) 822-4893 and at michael.d.allen 7 hud.uov . We look forward to working with you toward the successful continuation of your Continue of Care Program project. Sincerely. /edrLtu.4 Late „5'ie Ronnie .Legette, Sr. Director Office of Community Planning & Development Enclosures U.S.Department of Housing and Urban Development 1111111 Office of Community Planning and Development 600 East Broad Street 11111 Richmond,VA 23219 Grant Number: Multiple Projects Recipient's Name: City of Roanoke Tax ID Number: 54-6001569 Unique Entity Identifier [SAM]: NBFNAEXRHD76 Federal Award Date: 6/6/2023 CONTINUUM OF CARE PROGRAM(CDFA# 14.267) GRANT AGREEMENT This Grant Agreement ("this Agreement") is made by and between the United States Department of Housing and Urban Development ("HUD") and City of Roanoke (the "Recipient"). This Agreement, the Recipient's use of funds provided under this Agreement(the "Grant"or"Grant Funds"), and the Recipient's operation of projects assisted with Grant Funds are governed by 1. The Consolidated Appropriations Act, 2022 (Pub. L. 117-103, approved March 15, 2022); 2. title IV of the McKinney-Vento Homeless Assistance Act 42 U.S.C. 11301 et seq. (the"Act"); 3. the Continuum of Care Program rule at 24 CFR part 578 (the "Rule"), as amended from time to time; 4. and the Notice of Funding Opportunity for the fiscal year in which the funds were awarded; and 5. the Recipient's application submissions on the basis of which these Grant Funds were approved by HUD, including the certifications, assurances, technical submission documents, and any information or documentation required to meet any grant award condition(collectively, the "Application"). The Application is incorporated herein as part of this Agreement, except that only the project (those projects) listed below are funded by this Agreement. In the event of any conflict between any application provision and any provision contained in this Agreement, this Agreement shall control. Capitalized terms that are not defined in this agreement shall have the meanings given in the Rule. HUD's total funding obligation authorized by this grant agreement is $189,492, allocated between the project(s) listed below (each identified by a separate grant number) and, within those projects, between budget line items, as shown below. The Grant Funds an individual project will receive are as shown in the Application on the final HUD-approved Summary Budget for the project. Recipient shall use the Grant Funds provided for the projects listed below, during the budget period (s) period stated below. www.hud.gov espanol.hud.gov Page 1 Grant No. Grant Term Performance Period Total Amount VA0031L3F022215 12 months 08-01-2023 - 07-31-2024 $140,422 a. Continuum of Care planning activities $0 Acquisition $0 b. Rehabilitation SO c. New construction SO d. Leasing $0 e. Rental assistance $0 f. Supportive services $137,669 g. Operating costs $0 h. Homeless Management Information System $0 i. Administrative costs $2,753 j. Relocation Costs $0 HPC homelessness prevention activities: Housing relocation and stabilization services $0 Short-term and medium-term rental assistance {Stmt www.hud.gov espauol.hud.gov Paget Grant No. Grant Term Performance Period Total Amount VA0300L3F022206 12 months 05-01-2023 - 04-30-2024 S49,070 a. Continuum of Care planning activities $0 Acquisition $0 b. Rehabilitation SO c. New construction SO d. Leasing SO e. Rental assistance $0 f. Supportive services $49,070 g. Operating costs $0 h. Homeless Management Information System $0 i. Administrative costs $0 j. Relocation Costs $0 HPC homelessness prevention activities: Housing relocation and stabilization services $0 Short-term and medium-term rental assistance {Stint; www.hud.gov espanol.hud.gov Page 3 Pre-award Costs for Continuum of Care Planning The Recipient may, at its own risk, incur pre-award costs for continuum of care planning awards, after the date of the HUD selection notice and prior to the effective date of this Agreement, if such costs: a) are consistent with 2 CFR 200.458; and b) would be allowable as a post-award cost; and c) do not exceed 10 percent of the total funds obligated to this award. The incurrence of pre- award costs in anticipation of an award imposes no obligation on HUD either to make the award, or to increase the amount of the approved budget, if the award is made for less than the amount anticipated and is inadequate to cover the pre-award costs incurred. These provisions apply to all Recipients: If any new projects funded under this Agreement are for project-based rental assistance for a term of fifteen(15)years, the funding provided under this Agreement is for the performance period stated herein only. Additional funding is subject to the availability of annual appropriations. The budget period and performance period of renewal projects funded by this Agreement will begin immediately at the end of the budget period and performance period of the grant being renewed. Eligible costs incurred between the end of Recipient's budget period and performance period under the grant being renewed and the date this Agreement is executed by both parties may be reimbursed with Grants Funds from this Agreement. No Grant Funds for renewal projects may be drawn down by Recipient before the end date of the project's budget period and performance period under the grant that has been renewed. For any transition project funded under this Agreement the budget period and performance period of the transition project(s)will begin immediately at the end of the Recipient's final operating year under the grant being transitioned. Eligible costs, as defined by the Act and the Rule incurred between the end of Recipient's final operating year under the grant being transitioned and the execution of this Agreement may be paid with funds from the first operating year of this Agreement. HUD designations of Continuums of Care as High-performing Communities (HPCS) are published on HUD.gov in the appropriate Fiscal Years' CoC Program Competition Funding Availability page. Notwithstanding anything to the contrary in the Application or this Agreement, Recipient may only use grant funds for HPC Homelessness Prevention Activities if the Continuum that designated the Recipient to apply for the grant was designated an HPC for the applicable fiscal year. The Recipient must complete the attached"Indirect Cost Rate Schedule" and return it to HUD with this Agreement. The Recipient must provide HUD with a revised schedule when any change is made to the rate(s) included in the schedule. The schedule and any revisions HUD receives from the Recipient will be incorporated into and made part of this Agreement, provided that each rate included satisfies the applicable requirements under 2 CFR part 200 (including appendices). This Agreement shall remain in effect until the earlier of 1) written agreement by the parties; 2) by HUD alone, acting under the authority of 24 CFR 578.107; 3) upon expiration of the budget period and performance period for all projects funded under this Agreement: or 4)upon the expiration of the period of availability of Grant Funds for all projects funded under this Agreement. HUD notifications to Ntalevlitstipient shaltsbeitNithkgaddress of the Recipient as stated in th@age 4 Recipient's applicant profile in e-snaps. Recipient notifications to HUD shall be to the HUD Field Office executing the Agreement. No right, benefit, or advantage of the Recipient hereunder may be assigned without prior written approval of HUD. Build America. Buy America Act. The Grantee must comply with the requirements of the �1431VU L113U tJ411 V1111U1144 �J431VU 1V1 till Ill VJ 44 to i1111U4 U L111U41 L1110 T j LLiJV11 L114 expiration of the period of availability of Grant Funds for all projects funded under this Agreement. HUD notifications to the Recipient shall be to the address of the Recipient as stated in the Recipient's applicant profile in e-snaps. Recipient notifications to HUD shall be to the HUD Field Office executing the Agreement. No right, benefit, or advantage of the Recipient hereunder may be assigned without prior written approval of HUD. Build America, Buy America Act. The Grantee must comply with the requirements of the Build America, Buy America (BABA) Act, 41 USC 8301 note. and all applicable rules and notices, as may be amended, if applicable to the Grantee's infrastructure project. Pursuant to HUD's Notice, "Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America, Buy America Provisions as Applied to Recipients of HUD Federal Financial Assistance" (88 FR 17001), any funds obligated by HUD on or after the applicable listed effective dates, are subject to BABA requirements, unless excepted by a waiver. The Agreement constitutes the entire agreement between the parties and may be amended only in writing executed by HUD and the Recipient. By signing below, Recipients that are states and units of local government certify that they are following a current HUD approved CHAS (Consolidated Plan). wwv.hud.gov espanoi.hud.gov Pages This agreement is hereby executed on behalf of the parties as follows: UNITED STATES OF AMERICA, Secretary of Housing and Urban Development By: (Signature) Ronnie Legette, Director (Typed Name and Title) (Date) RECIPIENT City of Roanoke (Name of Organization) By: (Signature of Authorized Official) Robert Cowell, City Manager (Typed Name and Title of Authorized Official) (Date) «1«v.hud.gov espanol.hud.gov Page 6 Indirect Cost Schedule Agency/Dept./Major Function Indirect Cost Rate Direct Cost Base This schedule must include each indirect cost rate that will be used to calculate the Recipient's indirect costs under the grant. The schedule must also specify the type of direct cost base to which each included rate applies (for example, Modified Total Direct Costs (MTDC)). Do not include indirect cost rate information for subrecipients. For government entities. enter each agency or department that will carry out activities under the grant, the indirect cost rate applicable to each department/agency(including if the de minimis rate is used per 2 CFR §200.414), and the type of direct cost base to which the rate will be applied. For nonprofit organizations that use the Simplified Allocation Method for indirect costs or elects to use the de minimis rate of 10% of Modified Total Direct Costs in accordance with 2 CFR §200.414, enter the applicable indirect cost rate and type of direct cost base in the first row of the table. For nonprofit organizations that use the Multiple Base Allocation Method, enter each major function of the organization for which a rate was developed and will be used under the grant, the indirect cost rate applicable to that major function, and the type of direct cost base to which the rate will be applied. To learn more about the indirect cost requirements. see 24 CFR 578.63; 2 CFR part 200. subpart E; Appendix IV to Part 200 (for nonprofit organizations); and Appendix VII to Part 200 (for state and local governments). www.hud.gov espanol.hud.gov Page IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day of September 2023. No. 42744-090523. A RESOLUTION accepting the U.S. Department of Housing and Urban Development Planning Grant Funding to the City for the Coordinated Assessment System; and authorizing execution of any required documents on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the U.S. Department of Housing and Urban Development Continuum of Care program competition Grant Funding to the City for the Coordinated Assessment System in the amount of$49,070 with an in-kind match of$18,672, in form of oversight by the Human Services Administrator at 25% of annual salary. Such grant being more particularly described in the City Council Agenda Report dated September 5, 2023. 2. The City Manager or his designee is hereby authorized to execute and file, on behalf of the City, any documents setting forth the conditions of this grant in a form approved by the City Attorney. 3. The City Manager or his designee is further directed to furnish such additional information as may be required to implement and administer the foregoing Grant. ATTEST: \`4. Me64/ City Clerk. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day of September 2023. No. 42745-090523. AN ORDINANCE to appropriate funding from the United States Department of Housing and Urban Development for the Continuum of Care (CoC) Coordinated Assessment System (CAS) Grant, amending and reordaining certain sections of the 2023-2024 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 2023-2024 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Grant Fund Appropriations Grant Salaries 35-630-5458-1200 $47,270 Administrative Supplies 35-630-5458-2030 1,800 Revenues CoC Assessment FY24 - Federal 35-630-5458-5458 49,070 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: (47244T City Clerk. —� . ROANOKE CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: September 5, 2023 Subject: Acceptance of Funds from the U.S. Department of Housing and Urban Development's Continuum of Care Program for the Homeless Assistance Team. Background: The Continuum of Care ("COC") is a group consisting of service providers, neighboring localities, including the City of Roanoke, and homeless/formerly homeless individuals, whose role is to develop a long-term strategic plan and manage a year-round planning effort that addresses the identified needs of homeless individuals and households; the availability and accessibility of existing housing and services; and the opportunities for linkages with mainstream housing and services resources. On March 28, 2023, the U.S. Department of Housing and Urban Development (HUD) released the FY 2022 CoC program competition grant awards. These Continuum of Care (CoC) grants will help end homelessness and provide critically needed support to local programs on the front lines of serving individuals and families experiencing homelessness. The City of Roanoke received $140,422 for the Homeless Assistance Team (HAT) program. Considerations: The Homeless Assistance Team (HAT) street outreach program goals are to assist homeless persons in their transition from the streets to emergency shelters and/or directly into permanent housing. Street outreach is conducted in shelters and other places not designed for human habitation. Through contacts and engagements, staff provides limited case management services including agency referrals, security deposits, food, transportation, and prescription assistance. Recommended Action: Accept the HUD HAT award in the amount of $140,422 and authorize the City Manager OR HIS DESIGNEE to take such actions and execute such documents as may be necessary to obtain, accept, implement, administer, and use such grant funds, including execution of any required grant agreement, such documents to be in a form approved by the City Attorney. Adopt the accompanying budget ordinance to establish revenue estimates in the amount of $140,422 for Federal grant funds and $54,201 for local match funds. Transfer funding in the amount of $54,201 from the Transfer to Grant Fund (01- 250-9310-9535), and appropriate funding in the amount of $194,623 to accounts to be established in the Grant Fund by the Director of Finance. Bob Cowell, City Manager Distribution: Council Appointed Officers Angela O'Brien, Assistant City Manager for Community Development Gwendolyn Coleman, Director of Human and Social Services Matthew R. Crookshank, Human Services Administrator Amelia C. Merchant, Deputy, Director of Finance U. S. Department of Housing and Urban Development 011ENTOp Richmond Field Office 41. 'yo 600 E.Broad Street,Floor 3 *Go Richmond.VA 2 3 2 19-1 800 1-800-842-2610 9e11v oev09 June 6, 2023 Mr. Robert Cowell City Manager City of Roanoke 215 Church Avenue SW, #364 Roanoke, Virginia 24011 Dear Mr. Cowell: SUBJECT: Processing Your FY2022 Continuum of Care (CoC)Grant Agreements Congratulations on the final selection of the City of Roanoke for renewal grant funding under the FY 2022 Continuum of Care(CoC)program. These one-year awards will support your program, further contributing to our national effort to end homelessness. Only those projects listed in the attached agreements are funded. HUD's total funding obligation for these grants is Si 89,492, allocated between the funded projects, within those projects. and between budget line items. as outlined within each respective agreement. I have enclosed a copy of the Grant Agreement that constitute the agreement between the City of Roanoke and HUD.Please sign and return to this office within two weeks of receipt of this letter. When they are received, HUD will sign, execute, and return a copy to you. Please note that your grants cannot begin and HUD cannot disburse any funds to you for this project until the Grant Agreement is fully executed and the period of performance has been reached. If you have any questions, please call me at(202)422-0021. Staff requiring technical assistance should contact Mr. Michael D. Allen, Community Planning & Development Representative at(804) 822-4893 and at michael.d.allen hud.gov . We look forward to working with you toward the successful continuation of your Continue of Care Program project. Sincerely, �ertru.� L (5, Ronnie .Legette, Sr. Director Office of Community Planning& Development Enclosures U.S.Department of Housing and Urban Development 1111111 Office of Community Planning and Development 600 East Broad Street Hill Richmond,VA 23219 Grant Number: Multiple Projects Recipient's Name: City of Roanoke Tax ID Number: 54-6001569 Unique Entity Identifier [SAM]: NBFNAEXRHD76 Federal Award Date: 6/6/2023 CONTINUUM OF CARE PROGRAM (CDFA# 14.267) GRANT AGREEMENT This Grant Agreement ("this Agreement") is made by and between the United States Department of Housing and Urban Development ("HUD") and City of Roanoke (the "Recipient"). This Agreement, the Recipient's use of funds provided under this Agreement (the `Grant" or"Grant Funds"), and the Recipient's operation of projects assisted with Grant Funds are governed by 1. The Consolidated Appropriations Act, 2022 (Pub. L. 117-103, approved March 15, 2022); 2. title IV of the McKinney-Vento Homeless Assistance Act 42 U.S.C. 11301 et seq. (the "Act"); 3. the Continuum of Care Program rule at 24 CFR part 578 (the `Rule"), as amended from time to time; 4. and the Notice of Funding Opportunity for the fiscal year in which the funds were awarded; and 5. the Recipient's application submissions on the basis of which these Grant Funds were approved by HUD, including the certifications, assurances. technical submission documents. and any information or documentation required to meet any grant award condition(collectively, the "Application"). The Application is incorporated herein as part of this Agreement, except that only the project (those projects) listed below are funded by this Agreement. In the event of any conflict between any application provision and any provision contained in this Agreement,this Agreement shall control. Capitalized terms that are not defined in this agreement shall have the meanings given in the Rule. HUD's total funding obligation authorized by this grant agreement is S 189,492, allocated between the project(s) listed below (each identified by a separate grant number) and, within those projects, between budget line items, as shown below. The Grant Funds an individual project will receive are as shown in the Application on the final HUD-approved Summary Budget for the project. Recipient shall use the Grant Funds provided for the projects listed below, during the budget period (s)period stated below. www.hud.gov espauol.hud.gov Page 1 Grant No. Grant Term Performance Period Total Amount VA0031L3F022215 12 months 08-01-2023 - 07-31-2024 $140,422 a. Continuum of Care planning activities $0 Acquisition $0 b. Rehabilitation SO c. New construction SO d. Leasing SO e. Rental assistance $0 f. Supportive services $137,669 g. Operating costs $0 h. Homeless Management Information System $0 i. Administrative costs $2,753 j. Relocation Costs $0 HPC homelessness prevention activities: Housing relocation and stabilization services $0 Short-term and medium-term rental assistance Stint www.hud.gov espanol.hud.gov Page 2 Grant No. Grant Term Performance Period Total Amount VA0300L3F022206 12 months 05-01-2023 - 04-30-2024 S49,070 a. Continuum of Care planning activities $0 Acquisition $0 b. Rehabilitation SO c. New construction SO d. Leasing $O e. Rental assistance $0 f. Supportive services $49,070 g. Operating costs $0 h. Homeless Management Information System $0 i. Administrative costs $0 j. Relocation Costs $0 HPC homelessness prevention activities: Housing relocation and stabilization services $0 Short-term and medium-term rental assistance ;Stmtj www.hud.gov espanol.hud.gov Page 3 Pre-award Costs for Continuum of Care Planning The Recipient may, at its own risk, incur pre-award costs for continuum of care planning awards, after the date of the HUD selection notice and prior to the effective date of this Agreement, if such costs: a) are consistent with 2 CFR 200.458; and b) would be allowable as a post-award cost; and c) do not exceed 10 percent of the total funds obligated to this award. The incurrence of pre- award costs in anticipation of an award imposes no obligation on HUD either to make the award, or to increase the amount of the approved budget, if the award is made for less than the amount anticipated and is inadequate to cover the pre-award costs incurred. These provisions apply to all Recipients: If any new projects funded under this Agreement are for project-based rental assistance for a term of fifteen(15) years, the funding provided under this Agreement is for the performance period stated herein only. Additional funding is subject to the availability of annual appropriations. The budget period and performance period of renewal projects funded by this Agreement will begin immediately at the end of the budget period and performance period of the grant being renewed. Eligible costs incurred between the end of Recipient's budget period and performance period under the grant being renewed and the date this Agreement is executed by both parties may be reimbursed with Grants Funds from this Agreement. No Grant Funds for renewal projects may be drawn down by Recipient before the end date of the project's budget period and performance period under the grant that has been renewed. For any transition project funded under this Agreement the budget period and performance period of the transition project(s)will begin immediately at the end of the Recipient's final operating year under the grant being transitioned. Eligible costs. as defined by the Act and the Rule incurred between the end of Recipient's final operating year under the grant being transitioned and the execution of this Agreement may be paid with funds from the first operating year of this Agreement. HUD designations of Continuums of Care as High-performing Communities (HPCS) are published on HUD.gov in the appropriate Fiscal Years' CoC Program Competition Funding Availability page. Notwithstanding anything to the contrary in the Application or this Agreement, Recipient may only use grant funds for HPC Homelessness Prevention Activities if the Continuum that designated the Recipient to apply for the grant was designated an HPC for the applicable fiscal year. The Recipient must complete the attached"Indirect Cost Rate Schedule" and return it to HUD with this Agreement. The Recipient must provide HUD with a revised schedule when any change is made to the rate(s) included in the schedule. The schedule and any revisions HUD receives from the Recipient will be incorporated into and made part of this Agreement, provided that each rate included satisfies the applicable requirements under 2 CFR part 200(including appendices). This Agreement shall remain in effect until the earlier of 1)written agreement by the parties; 2)by HUD alone, acting under the authority of 24 CFR 578.107; 3) upon expiration of the budget period and performance period for all projects funded under this Agreement; or 4) upon the expiration of the period of availability of Grant Funds for all projects funded under this Agreement. HUD notifications to Ntheylkstipient shatisbeltblittitgeddress of the Recipient as stated in theage4 Recipient's applicant profile in e-snaps. Recipient notifications to HUD shall be to the HUD Field Office executing the Agreement. No right. benefit, or advantage of the Recipient hereunder may be assigned without prior written approval of HUD. Build America. Buy America Act. The Grantee must comply with the requirements of the 11411VU Ul1V�1411t/l llll11144 t./411V1.1 WI SAIL t/1VJ4410 1 1111.0 Vl TF UilVli 1114 expiration of the period of availability of Grant Funds for all projects funded under this Agreement. HUD notifications to the Recipient shall be to the address of the Recipient as stated in the Recipient's applicant profile in e-snaps. Recipient notifications to HUD shall be to the HUD Field Office executing the Agreement. No right,benefit, or advantage of the Recipient hereunder may be assigned without prior written approval of HUD. Build America, Buy America Act. The Grantee must comply with the requirements of the Build America, Buy America (BABA) Act. 41 USC 8301 note, and all applicable rules and notices, as may be amended, if applicable to the Grantee's infrastructure project. Pursuant to HUD's Notice, "Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America, Buy America Provisions as Applied to Recipients of HUD Federal Financial Assistance" (88 FR 17001), any funds obligated by HUD on or after the applicable listed effective dates, are subject to BABA requirements, unless excepted by a waiver. The Agreement constitutes the entire agreement between the parties and may be amended only in writing executed by HUD and the Recipient. By signing below, Recipients that are states and units of local government certify that they are following a current HUD approved CHAS (Consolidated Plan). es�vw.hudgov espanoi.hud.gov Page 5 This agreement is hereby executed on behalf of the parties as follows: UNITED STATES OF AMERICA, Secretary of Housing and Urban Development By: (Signature) Ronnie Legette,Director (Typed Name and Title) (Date) RECIPIENT City of Roanoke (Name of Organization) By: (Signature of Authorized Official) Robert Cowell, City Manager (Typed Name and Title of Authorized Official) (Date) «z,Nwv.hud.gov espanoi.hud.gov Page 6 Indirect Cost Schedule Agency/Dept./Major Function Indirect Cost Rate Direct Cost Base This schedule must include each indirect cost rate that will be used to calculate the Recipient's indirect costs under the grant. The schedule must also specify the type of direct cost base to which each included rate applies (for example, Modified Total Direct Costs (MTDC)). Do not include indirect cost rate information for subrecipients. For government entities. enter each agency or department that will carry out activities under the grant, the indirect cost rate applicable to each departmentiagency(including if the de minimis rate is used per 2 CFR §200.414), and the type of direct cost base to which the rate will be applied. For nonprofit organizations that use the Simplified Allocation Method for indirect costs or elects to use the de minims rate of 10% of Modified Total Direct Costs in accordance with 2 CFR §200.414, enter the applicable indirect cost rate and type of direct cost base in the first row of the table. For nonprofit organizations that use the Multiple Base Allocation Method, enter each major function of the organization for which a rate was developed and will be used under the grant. the indirect cost rate applicable to that major function, and the type of direct cost base to which the rate will be applied. To learn more about the indirect cost requirements, see 24 CFR 578.63; 2 CFR part 200. subpart E; Appendix IV to Part 200 (for nonprofit organizations); and Appendix VII to Part 200 (for state and local governments). www.hud.gov espanol.hud.gov Page 7 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day of September 2023. No. 42746-090523. A RESOLUTION accepting the U.S. Department of Housing and Urban Development Planning Grant Funding for Continuum of Care; authorizing the City of Roanoke to serve as the fiscal agent for the distribution of such funds; and authorizing execution of any required documents on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke does hereby accept the U.S.Depai liuent of Urban Development Planning Grant Funding for Continuum of Care in the amount of$62,208, with a cash match from Council of Community Services in the amount of$15,600. Such grant being more particularly described in the City Council Agenda Report dated September 5, 2023 2. The City of Roanoke is authorized to be the primary fiscal agent for this grant, and shall be responsible for distributing the grant proceeds for services provided. 3. The City Manager or his designee is hereby authorized to execute and file, on behalf of the City, any documents setting forth the conditions of this grant in a form approved by the City Attorney. 4. The City Manager or his designee is further directed to furnish such additional information as may be required to implement and administer the foregoing Grant. ATTEST: City Clerk. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day of September 2023. No. 42747-090523. AN ORDINANCE to appropriate funding from the United States Department of Housing and Urban Development for the Continuum of Care (CoC) Planning Grant, amending and reordaining certain sections of the 2023-2024 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 2023-2024 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Fees For Professional Services 35-630-5455-2010 $ 59,208 Travel Expense 35-630-5455-2044 3,000 Revenues CoC Planning FY24 - Federal 35-630-5455-5456 62,208 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. ROANOKE CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: September 5, 2023 Subject: Acceptance of Planning Grant Funds from the U.S. Department of Housing and Urban Development's Continuum of Care Program. Background: The Continuum of Care ("COC") is a group consisting of service providers, neighboring localities, including the City of Roanoke, and homeless/formerly homeless individuals, whose role is to develop a long-term strategic plan and manage a year-round planning effort that addresses the identified needs of homeless individuals and households; the availability and accessibility of existing housing and services; and the opportunities for linkages with mainstream housing and services resources. On March 28, 2023, the U.S. Department of Housing and Urban Development (HUD) released the FY 2022 CoC program competition grant awards. These Continuum of Care (CoC) grants will help end homelessness and provide critically needed support to local programs on the front lines of serving individuals and families experiencing homelessness. The City of Roanoke received $62,208 for CoC Planning activities. The HUD CoC Planning grant will help provide planning, monitoring and evaluation services to the CoC and the Blue Ridge Interagency Council on Homelessness (BRICH), which serves as an advisory agency to the CoC, and provides oversight to the CoC, as required by HUD. This project will engage the CoC and the BRICH in strategic planning to increase the effectiveness of our coordinated service system. It will increase accountability through adoption of community wide standards, program monitoring, and data collection for reporting progress against objectives and standards in the strategic business plan. This level of oversight will increase our ability to meet HUD's national objectives. The project will provide written reports, monitoring and evaluation of HUD programs and assist in the development of subsequent HUD annual CoC grant applications. Considerations: The Council of Community Services (CCS) is providing $15,600 cash match and documentation of match will accompany each request for reimbursement. Recommended Action: Accept the HUD Planning grant in the amount of $62,208 and the Council of Community Services cash match in the amount of$15,600. Authorize the City Manager to execute the grant documents associated with this funding, and authorize the City of Roanoke to serve as the fiscal agent for such grant. All documents shall be approved as to form by the City Attorney. Adopt the accompanying budget ordinance to establish a revenue estimate in the amount of $62,208 and to appropriate the same amount to Fees for Professional Services in an account to be established by the Director of Finance in the Grant Fund. Bob Cowell, City Manager Distribution: Council Appointed Officers Angela O'Brien, Assistant City Manager for Community Development Gwendolyn Coleman, Director of Human and Social Services Amelia C. Merchant, Deputy, Director of Finance Matthew R. Crookshank, Human Services Administrator U. S. Department of Housing and Urban Development 1606 (N yo00 �g Richmond Field Office 11111 600 E.Broad Street,Floor 3 * * ° Richmond,VA 23 219-1800 za 800-842-2610 9eµ DEJ June 30, 2023 Mr. Robert Cowell City Manager City of Roanoke 215 Church Avenue SW. #364 Roanoke, Virginia 24011 SUBJECT: Processing Your FY2022 Continuum of Care (CoC) Grant Agreement CoC Planning Project Grant Number: VA0453L3F022200 Dear Mr. Cowell: Congratulations on the final selection of the City of Roanoke for the newly awarded grant funding under the FY 2022 Continue of Care (COC)program. All conditions attached to your award for this project have been met or are in process of being met. This one-year award will continue to support your program previously funded by HUD in FY 2021, further contributing to our national effort to end homelessness. The effective date of the Agreement will be the date of execution by HUD and it is the date use of funds under this Agreement may begin. Upon execution of the New Grant Agreement by you and HUD, HUD will obligate the total funds for this project in the amount of S62,208, allocated as follows: 1. Continuum of Care planning activities S62,208 I have enclosed a copy of the Grant Agreement that constitutes the agreement between the City of Roanoke and HUD. Please sign and return to this office within two weeks of receipt of this letter. When it has been received, HUD will sign, execute, and return a copy to you. Please note that your grant cannot begin and HUD cannot disburse any funds to you for this project until the Grant Agreement is fully executed. If you have any questions, please call me at(202)422-0021. Staff requiring technical assistance should contact Mr. Michael D. Allen, Community Planning& Development Representative at (804) 822-4893. We look forward to working with you toward the successful continuation of your Continue of Care Program project. Sincerely. /eertau.42 54. Litreed, c.5'/ Ronnie J. Legette, Sr. Director Office of Community Planning & Development Enclosures L'.S.Department of Housing and Urban Development 1111111 Office of Community Planning and Development I al I * 600 East Broad Street Richmond,VA 23219 Grant Number: VA0453L3F022200 Recipient's Name: City of Roanoke Tax ID Number: 54-6001569 Unique Entity Identifier [SAM]: NBFNAEXRHD76 Federal Award Date: CONTINUUM OF CARE PROGRAM (CDFA# 14.267) GRANT AGREEMENT This Grant Agreement("this Agreement") is made by and between the United States Department of Housing and Urban Development ("HUD") and City of Roanoke (the "Recipient"). This Agreement, the Recipient's use of funds provided under this Agreement (the "Grant" or"Grant Funds"), and the Recipient's operation of projects assisted with Grant Funds are governed by 1. The Consolidated Appropriations Act, 2022 (Pub. L. 117-103, approved March 15, 2022); 2. title IV of the McKinney-Vento Homeless Assistance Act 42 U.S.C. 11301 et seq. (the"Act"); 3. the Continuum of Care Program rule at 24 CFR part 578 (the "Rule"), as amended from time to time; 4. and the Notice of Funding Opportunity for the fiscal year in which the funds were awarded; and 5. the Recipient's application submissions on the basis of which these Grant Funds were approved by HUD, including the certifications, assurances, technical submission documents, and any information or documentation required to meet any grant award condition (collectively, the "Application"). The Application is incorporated herein as part of this Agreement, except that only the project (those projects) listed below are funded by this Agreement. In the event of any conflict between any application provision and any provision contained in this Agreement. this Agreement shall control. Capitalized terms that are not defined in this agreement shall have the meanings given in the Rule. HUD's total funding obligation authorized by this grant agreement is S62.208, allocated between the project(s) listed below (each identified by a separate grant number) and, within those projects, between budget line items, as shown below. The Grant Funds an individual project will receive are as shown in the Application on the final HUD-approved Summary Budget for the project. Recipient shall use the Grant Funds provided for the projects listed below, during the budget period(s)period stated below. www.hud.gov espanoi.hud.gov Page 1 Grant No. Grant Term Performance Period Total Amount VA0453L3F022200 7/1/2023 - 6/30/2024 S62,208 a. Continuum of Care planning activities S62.208 b. Acquisition $0 c. Rehabilitation $0 d. New construction $0 e. Leasing $0 f. Rental assistance $0 g. Supportive services $0 h. Operating costs $0 i. Homeless Management Information System $0 j. Administrative costs $0 k. Relocation Costs $0 1. HPC homelessness prevention activities: Housing relocation and stabilization services $0 Short-term and medium-term rental assistance $0 «wv.hud.gov espanol.hud.gov Page 2 Pre-award Costs for Continuum of Care Planning The Recipient may, at its own risk, incur pre-award costs for continuum of care planning awards, after the date of the HUD selection notice and prior to the effective date of this Agreement, if such costs: a) are consistent with 2 CFR 200.458; and b)would be allowable as a post-award cost: and c) do not exceed 10 percent of the total funds obligated to this award. The incurrence of pre- award costs in anticipation of an award imposes no obligation on HUD either to make the award, or to increase the amount of the approved budget, if the award is made for less than the amount anticipated and is inadequate to cover the pre-award costs incurred. These provisions apply to all Recipients: If any new projects funded under this Agreement are for project-based rental assistance for a term of fifteen(15) years, the funding provided under this Agreement is for the performance period stated herein only. Additional funding is subject to the availability of annual appropriations. The budget period and performance period of renewal projects funded by this Agreement will begin immediately at the end of the budget period and performance period of the grant being renewed. Eligible costs incurred between the end of Recipient's budget period and performance period under the grant being renewed and the date this Agreement is executed by both parties may be reimbursed with Grants Funds from this Agreement. No Grant Funds for renewal projects may be drawn down by Recipient before the end date of the project's budget period and performance period under the grant that has been renewed. For any transition project funded under this Agreement the budget period and performance period of the transition project(s)will begin immediately at the end of the Recipient's final operating year under the grant being transitioned. Eligible costs, as defined by the Act and the Rule incurred between the end of Recipient's final operating year under the grant being transitioned and the execution of this Agreement may be paid with funds from the first operating year of this Agreement. HUD designations of Continuums of Care as High-performing Communities (HPCS) are published on HUD.gov in the appropriate Fiscal Years' CoC Program Competition Funding Availability page. Notwithstanding anything to the contrary in the Application or this Agreement, Recipient may only use grant funds for HPC Homelessness Prevention Activities if the Continuum that designated the Recipient to apply for the grant was designated an HPC for the applicable fiscal year. The Recipient must complete the attached "Indirect Cost Rate Schedule" and return it to HUD with this Agreement. The Recipient must provide HUD with a revised schedule when any change is made to the rate(s) included in the schedule. The schedule and any revisions HUD receives from the Recipient will be incorporated into and made part of this Agreement, provided that each rate included satisfies the applicable requirements under 2 CFR part 200 (including appendices). This Agreement shall remain in effect until the earlier of 1)written agreement by the parties; 2) by HUD alone, acting under the authority of 24 CFR 578.107; 3) upon expiration of the budget period and performance period for all projects funded under this Agreement: or 4)upon the expiration of the period of availability of Grant Funds for all projects funded under this Agreement. www.hud.gov espauol.hud.gov Page 3 HUD notifications to the Recipient shall be to the address of the Recipient as stated in the Recipient's applicant profile in e-snaps. Recipient notifications to HUD shall be to the HUD Field Office executing the Agreement. No right, benefit, or advantage of the Recipient hereunder may be assigned without prior written approval of HUD. Build America, Buy America Act. The Grantee must comply with the requirements of the Build America. Buy America (BABA)Act, 41 USC 8301 note, and all applicable rules and notices, as may be amended, if applicable to the Grantee's infrastructure project. Pursuant to HUD's Notice, "Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America. Buy America Provisions as Applied to Recipients of HUD Federal Financial Assistance" (88 FR 17001), any funds obligated by HUD on or after the applicable listed effective dates, are subject to BABA requirements, unless excepted by a waiver. The Agreement constitutes the entire agreement between the parties and may be amended only in writing executed by HUD and the Recipient. By signing below, Recipients that are states and units of local government certify that they are following a current HUD approved CHAS (Consolidated Plan). www.hud.gov espaiiol.hud.gov Page 4 This agreement is hereby executed on behalf of the parties as follows: UNITED STATES OF AMERICA, Secretary of Housing and Urban Development By: (Signature) Ronnie Legette, Director (Typed Name and Title) (Date) RECIPIENT City of Roanoke (Name of Organization) By: (Signature of Authorized Official) Robert Cowell, City Manager (Typed Name and Title of Authorized Official) (Date) www.hud.gov espanol.hud.gov Page 5 Indirect Cost Schedule Agency/Dept./Major Function Indirect Cost Rate Direct Cost Base This schedule must include each indirect cost rate that will be used to calculate the Recipient's indirect costs under the grant. The schedule must also specify the type of direct cost base to which each included rate applies (for example, Modified Total Direct Costs (MTDC)). Do not include indirect cost rate information for subrecipients. For government entities, enter each agency or department that will carry out activities under the grant, the indirect cost rate applicable to each department/agency(including if the de minimis rate is used per 2 CFR §200.414), and the type of direct cost base to which the rate will be applied. For nonprofit organizations that use the Simplified Allocation Method for indirect costs or elects to use the de minimis rate of 10%of Modified Total Direct Costs in accordance with 2 CFR §200.414, enter the applicable indirect cost rate and type of direct cost base in the first row of the table. For nonprofit organizations that use the Multiple Base Allocation Method, enter each major function of the organization for which a rate was developed and will be used under the grant, the indirect cost rate applicable to that major function, and the type of direct cost base to which the rate will be applied. To learn more about the indirect cost requirements, see 24 CFR 578.63; 2 CFR part 200, subpart E; Appendix IV to Part 200 (for nonprofit organizations); and Appendix VII to Part 200 (for state and local governments). www.hud.gov espanol.hud.gov Page 6 Memorandum of Understanding Between the City of Roanoke and the Council of Community Services for U.S. Department of Housing and Urban Development (HUD) Planning Grant THIS MEMORANDUM OF UNDERSTANDING (MOU) is entered into this 1st day of July 2023, by and between the CITY OF ROANOKE, VIRGINIA. a Virginia municipal corporation, and the COUNCIL OF COMMUNITY SERVICES ("CCS"). WITNESSETH: WHEREAS, the City is the lead entity for the Roanoke City and County/Salem Continuum of Care (VA-502) also known as the Blue Ridge Continuum of Care (CoC). WHEREAS, CCS provides leadership for organizations and individuals in the areas of planning, information, and referral services to improve the quality of life in the Roanoke Valley communities. The CCS was established to promote the welfare of the Roanoke Valley community through the provision of a forum for the expression and the study of community needs; the survey and evaluation of resources available; the improvement of existing resources; and the establishment of new resources. WHEREAS, the City has partnered with CCS to deliver strategic planning to the CoC since 2006 during the initial development of the 10 Year Plan to End Homelessness and other partnership initiatives to strengthen services offered to the homeless community. WHEREAS, the City in collaboration with CCS, applied to HUD for the FY 2022 Continuum of Care grant for planning dollars for the purpose of designing and carrying out a collaborative process for the development of an application to HUD. evaluating the outcomes of projects for which funds are awarded in the geographic area under the CoC and participating in the consolidated plan(s) for the geographic area(s). WHEREAS, HUD approved the City's application for the FY 2022 Continuum of Care grant, and the City and HUD entered into HUD Grant Agreement number VA0453L3F022200 dated July 1, 2023 ("Grant Agreement"). a copy of which is attached hereto and made a part of this MOU. awarding the City the amount of S62.208 to be used for the services detailed in the Grant Agreement. WHEREAS, CGS will provide the services detailed in the Grant Agreement, and the parties desire to enter into this MOU to provide the terms and conditions under which the parties will provide year round planning services to the CoC, in connection with the Grant Agreement, and the obligations of the City and CCS to the other. I. Roles and Responsibilities The roles and responsibilities of partner agencies have been identified as follows: City of Roanoke will: I) Serve as fiscal agent for the sub-recipient contract award totaling $62,208 including authorized travel for City and Council of Community Services planning staff 2) Provide in-kind match in the form of program oversight by the Human Services Administrator in the amount of S14,500. 3) Review and facilitate quarterly invoice payment for deliverables achieved by the Council through the actions outlined below. 4) Monitor sub-recipient performance and compliance with match requirements through quarterly invoice review. 5) Provide co-leadership in carrying out the responsibilities of the MOU partner agency. Council of Community Services will: 1) Provide cash match in the amount of$15,600 from unrestricted dollars. 2) Submit invoices for quarterly deliverables achieved through the actions outlined below. 3) Provide information, such as data and reports, as required by HUD or the City of Roanoke. 4) Action: CCS will assist, in partnership with the CoC and the Blue Ridge Interagency Council on Homelessness (BRICH), in the ongoing development of a Coordinated Entry System(CES). Deliverables: • Review and update local CES policies and procedures at least annually, or more frequently as needed. • Develop methodology for evaluating the effectiveness with CES, which will incorporate feedback from annual focus group meetings and other stakeholder input sources. • Develop clear roles and responsibilities of agencies participating in CES, including Central Intake. • Facilitate and support the activities of the CES Planning Committee. • Assist with implementing improvement strategies identified but the CES Refinement Lab Committee. 5) Action: Facilitate By-Name List conference calls and provide updates to the CoC and BRICH. Deliverables: • Provide technical assistance to the veteran, chronic, youth and family homelessness initiatives. • Prepare and distribute minutes for By-Name List case conferencing. 6) Action: Provide an annual report evaluating the performance of VHSP, CoC. ESG-funded projects. Deliverables: • Conduct an annual monitoring review for VHSP, CoC, ESG-funded projects to include agency site visits, random case file review and analysis of overall project performance. • Submit results of the review to the CoC Lead and the City of Roanoke HUD Community Resources Department to be used in project rankings and application scoring. 7) Action: Provide quarterly updates on HUD and ESG-funded agencies to the CoC. Deliverables: • Collect monthly information from HUD and ESG-funded agencies to include data quality, timely HUD APR submissions, and timely spending of project funds. • Share reports at CoC meetings on a quarterly basis. 8) Action: Submission of completed annual CoC Program Competition application to HUD. Deliverables: • Co-write the CoC grant application with CoC Lead and HUD CoC grantees. • Assist with submitting the full application to include gathering required supplemental documentation and completing narrative responses. 9) Action: Develop community standards to ensure alignment with HUD's System Performance Measures. Deliverables: • Conduct regular reviews of community standards and collaborate with CoC Lead to incorporate outcome data into the project ranking process. • Submit project outcome data to the CoC Ranking Committee. 10)Action: Provide administrative support for the BRICH. Deliverables: • Prepare and distribute monthly meeting minutes. • Prepare and distribute community outcomes reports. as well as other reports as requested. 11)Action: Plan and implement the 2024 Winter Point-in-Time Count and Survey and 2023 Summer Count. Deliverables: • Review HUD publications prior to completion of the Winter PIT Count to ensure compliance with HUD guidance. • Update survey forms. • Coordinate with CoC Lead on volunteer recruitment and training. 12)Action: Compile the annual Point in Time(PIT) Count and Housing Inventory Count (HIC) data with CoC Lead; produce a final report for the public. Deliverables: • Collect data from service providers and coordinate data entry and analysis. • Produce final report on PIT results; publish report on BRICH and CoC website. • Coordinate entry of PIT and HIC data into HUD HDX with CoC Lead. 13)Action: Respond to information requests required for completion of the Consolidated Plan. Deliverables: • Provide requested information on homelessness to the City of Roanoke's HUD Community Resources staff. 14)Action: Provide assistance with the facilitation of BRICH and CoC governance activities. Deliverables: • Collaborate with CoC Lead in the development and execution of the CoC strategic plan to include providing staff support to work groups and action planning. • Collaborate with the CoC Lead to update the business plan annually. • Review and update the CoC governance charter and operating guidelines as needed. • Support the execution of the governance charter. In addition to the Roles and Responsibilities outlined above, the Council of Community Services, as sub-recipient of HUD Grant Agreement number VA0453L3F022200, certifies that its officers, and employees are not debarred or suspended from doing business with the Federal Government. II. Timeline The grant period for this collaborative effort coincides with the HUD planning grant period beginning July 1, 2023 through June 30, 2024. This project may be renewed at one-year intervals based on availability of funding. III. Termination This Memorandum may be terminated by the City of Roanoke or the Council of Community Services at any time, for any cause, or no cause, upon sixty (60) days prior written notice signed on behalf of the terminating party. Approval: We the undersigned have read and agree with this MOU. Further, we have reviewed the portion of the proposed project budget pertaining to the collaborative effort described herein and approve it. Robert S. Cowell, Jr., City Manager Date City of Roanoke Anne Marie Green, President Date Council of Community Services IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day of September 2023. No. 42748-090523. A RESOLUTION accepting the Virginia Department of Housing and Community Development Virginia Homeless Solutions Program Grant Funding to the City for Continuum of Care strategies and homeless services and prevention programs; and authorizing execution of any required documents on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the Virginia Department of Housing and Community Development Virginia Homeless Solutions Program Grant Funding for Continuum of Care strategies and homeless services and prevention programs in the amount of $110,408 with a 25% community-wide match. The City of Roanoke is providing $57,600 of in-kind office space for the Central Intake program and the Council of Community Services is providing and in-kind match of $96,000. Such grant being more particularly described in the City Council Agenda Report dated September 5, 2023. 2. The City Manager or his designee is hereby authorized to execute and file, on behalf of the City, any documents setting forth the conditions of this grant in a form approved by the City Attorney. 3. The City Manager or his designee is further directed to furnish such additional information as may be required to implement and administer the foregoing Grant. ATTEST: vxd-e4sy— Ce�¢.�ca• • . City Clerk. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day of September 2023. No. 42749-090523. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia Department of Community Development for the Virginia Homeless Solutions Program, amending and reordaining certain sections of the 2023-2024 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 2023-2024 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Grant Salaries 35-630-5464-1200 $ 61,010 Council of Community Services 35-630-5464-5618 49,398 Revenues Virginia Homeless Solutions Program FY24 35-630-5464-5464 110,408 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: Y-)&- 61`y- City Clerk. ROANOKE CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: September 5, 2023 Subject: Acceptance of Virginia Homeless Solutions Program Funds from the Virginia Department of Housing and Community Development. Background: As the grantee, the City of Roanoke received notification on July 1, 2023 of award from the Virginia Department of Housing and Community Development (DHCD) in the amount of $110,408 through the Virginia Homeless Solutions Program (VHSP) grant. The VHSP grant is a state and federally funded program through the State General Fund and the federal Emergency Solutions Grant (ESG). These funds will support Continuum of Care (CoC) strategies and homeless services and prevention programs aimed at reducing the number of individuals/households who become homeless; shortening the length of time an individual or household is homeless; and reducing the number of individuals/households that return to homelessness. These funds will be distributed as follows: City of Roanoke Central Intake ($61,010) and the Council of Community Services planning activities ($49,398). The City will be serving as fiscal agent for these funds and entering into a contractual agreement with the Council of Community Services to provide such planning services, per the attached memorandum of understanding. These funds must be expended or obligated during the award period of July 1, 2023 to June 30, 2024. Considerations: Grantees are required to provide a 25% community-wide match with local or private funds for the entire DHCD-VHSP award amount. Match contributions/types for this grant include: the City of Roanoke is providing $57,600 of"in- kind" office space contribution for the Central Intake program and the Council of Community Services is providing an in-kind match of $96,000. Recommended Action: Authorize the application and accept the Department of Housing and Community Development VSHP grant in the amount of $110,408 and authorize the City Manager to execute the grant documents associated with this funding. All documents shall be approved as to form by the City Attorney. Adopt the accompanying budget ordinance to establish a revenue estimate in the amount of $110,408 and to appropriate the same amount to expenditure accounts to be established by the Director of Finance in the Grant Fund. Bob Cowell, City Manager Distribution: Council Appointed Officers Angela O'Brien, Asst. City Mgr. for Community Development Amelia C. Merchant, Director of Finance Gwendolyn Coleman, Director of Human and Social Services Matthew R. Crookshank, Human Services Administrator Memorandum of Understanding Between the City of Roanoke and the Council of C'ommunity Services The Blue Ridge Continuum of Care (CoC) is the lead entity for the Department of Housing and Conununity Development (DHCD).Virginia Homeless Solutions Program (VHSP). The agencies listed below are entering into a Memorandum of Understanding (MOLT) to provide for coordination activities, project evaluation. CoC application activities, developing a CoC system, training related to the emergency crisis response system, and VI-ISP compliance activities. L History of the Relationships The Council of Community Services (Council)provides strong leadership for organizations and individuals in the areas of planning, information, and referral services to improve the quality of life in our communities. The Council was established to promote the welfare of the Roanoke Valley community through the provision of a forum for the expression and the study of community needs; the survey and evaluation of resources available; the improvement of existing resources; and the establishment of new resources. The City of Roanoke has partnered with the Council to deliver strategic planning to the CoC since 2006. Since that time we have collaborated on numerous projects to align our community outcomes with federal and state plans addressing homelessness. II. Development of the Application The City of Roanoke, in collaboration with community partner agencies developed the DHCD- VHSP grant application to include a planning component. Planning processes create a mechanism to incorporate and coordinate key events throughout the year such as 1) the CoC's grant applications to the U.S. Department of Housing and Urban Development and to DHCD; 2)the annual Point-in-Time Count and Survey of the Homeless; 3)use of HMIS and other data tracking tools to track system-level outcomes; 4) service coordination tools. The planning process results in clearly defined roles and responsibilities for each part of the system. The planning process increases collaboration among providers and better positions the CoC to be competitive for funding opportunities locally and at the state and federal levels. Ill. Roles and Responsibilities The roles and responsibilities of partner agencies have been identified as follows: City of Roanoke will: 1. Serve as fiscal agent for the sub-recipient contract award totaling S49,398. 2. Review and monitor monthly invoices for payment to the Council. 3. Provide co-leadership in carrying out the responsibilities of the MOU partner agency. 4. Attend training directly related to the implementation provisions of this MOU. 1 Council of Community Services will: 1) Action: Provide quarterly updates on DHCD-VHSP funded agencies at BRICH and CoC meetings. Deliverables: • Collect monthly information from DHCD-VHSP funded agencies to include data quality and timely spending of project funds. • Share reports at the CoC and BRICH meetings on a quarterly basis. 2) Action: Execute quarterly HELPS meetings. Deliverables: • Organize and maintain partner list for HELPS communications. • Create and distribute monthly agendas and minutes. • Facilitate meetings. • Track attendance. 3) Action: The completion and timely submission of the DHCD grant application and renewal paperwork, in conjunction with CoC Lead. Deliverables: • Co-write the DHCD grant application with CoC Lead and VHSP recipients • Assist with submitting the full application every two years, which includes gathering required supplemental documentation and completing narrative descriptions. Next complete application due spring 2024. • Assist with submitting the renewal paperwork every two years, which includes gathering required supplemental documentation and completing narrative descriptions. Next renewal due date is spring 2025. 4) Action: Increase community awareness of CoC work as well as share available funding opportunities that support the CoC mission. Deliverables: • Share local, state, and federal information related to homelessness and CoC work through multiple media outlets such as the BRICH and CCS websites, CCS and CoC Facebook pages. CoC Facebook group, as well as other available media outlets. • Research and share funding opportunities through communication channels identified above. • Continue to develop information and communication channels through website and social media updates. Draft press releases as needed. 2 5) Action: Create and implement CoC orientation and service mapping documents. Deliverables: • Develop inventory list of CoC services. • Create final documents. • Create community resource guides with contact information for various CoC programs. • Develop PowerPoint presentation and other orientation documents for new CoC and BRICH members. 6) Action: Conduct community needs assessment to evaluate service gaps and plan resource allocations. • Research tools available through HUD and other resources. • Develop and complete needs assessment. • Identify system gaps and next steps. • Create final report document and present findings to the BRICH. IV. Timeline The grant period for this collaborative effort coincides with the DHCD-VHSP grant period beginning July 1. 2023 to June 30, 2024. This project may be renewed at one-year intervals based on availability of funding. V. Termination This Memorandum may be terminated by the City of Roanoke or the Council of Community Services at any time, for any cause, or no cause, upon sixty(60) days prior written notice signed on behalf of the terminating party. Approval: We the undersigned have read and agree with this MOU. Further, we have reviewed the portion of the proposed project budget pertaining to the collaborative effort described herein and approve it. Robert S. Cowell, City Manager Date City of Roanoke Anne Marie Green, President Date Council of Community Services 3 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day of September 2023. No. 42750-090523. A RESOLUTION authorizing the acceptance of the Virginia Department of Transportation Local Revenue Sharing Funding for Drainage Improvement Projects for Grayson Avenue and 8th Street and authorizing the City Manager or his designee to execute,and file appropriate documents to obtain such funds. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts the Virginia Department of Transportation Local Revenue Sharing funding in the total amount of$2,571,876, with a local match of$1,285,938 for Drainage Improvement Projects for Grayson Avenue and 8th Street, as further outlined in the City Council Agenda Report dated September 5, 2023. 2. The City Manager or his designee is hereby authorized to accept,execute,and file on behalf of the City of Roanoke any and all documents required to obtain such funding including the VDOT Standard Project Administration Agreement and the Locally Administered State-Aid Agreement. All such documents to be approved as to form by the City Attorney. 3. The City Manager or his designee is further directed to furnish such additional information as may be required in connection with the acceptance of the foregoing funding or with such project. ATTEST: City Clerk. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day of September 2023. No. 42751-090523. AN ORDINANCE appropriating funding from the Commonwealth of Virginia Department of Transportation, amending and reordaining certain sections of the 2023- 2024 Capital Projects Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2023-2024 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Expenditures Approp. From State Grant Funds 08-530-9154-9007 $1,354,806 Approp. From State Grant Funds 08-530-9149-9007 $1,217,070 Revenues Grayson Ave NW Pedestrian Safety 08-530-9154-9154 $1,354,806 Improvements 8th street NW Pedestrian Safety 08-530-9149-9149 $1,217,070 Improvements Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: e-66414;'&.. Cl)41-69; City Clerk. ROANOKE CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: September 5, 2023 Subject: Acceptance of Virginia Department of Transportation (VDOT) Local Revenue Sharing Funding for Grayson Avenue, N. W., and 8th Street, N. W., Pedestrian Improvements. Background: The pedestrian improvement project includes the installation of curb, gutter and sidewalk with storm drain improvements along the Grayson Avenue and 8th Street corridor. Improvements shall provide a safe route to school between Lucy Addison Middle School and the 10th Street corridor. Considerations: In September 2021, the City applied for VDOT Local Revenue Sharing Funds for the Grayson Avenue and 8th Street Curb, Gutter and Sidewalk Improvements. Although both projects are continuous, they are being funded as two VDOT projects. There is a 50/50 local match requirement of$1,354,806 for the Grayson Avenue project. The local match will be funded from Bond Funds in Account 08-530-9154 (Grayson Avenue, NW CGS). There is a 50/50 local match requirement of$1,217,070 for the 8th Street project. The local match will be funded from Bond Funds in Account 08-530-9149 (8th Street, NW CGS). Recommended Action: Accept VDOT's award of $1,354,806 of Local Revenue Sharing funds for the Grayson Avenue, N.W., CGS project. Accept VDOT's award of$1,217,070 of Local Revenue Sharing funds for the 8th Street, N.W., CGS project. Authorize the City Manager or his designee to execute the VDOT Standard Project Administration Agreement for State-Aid Projects, Appendix A document, and Locally Administered State-Aid Agreement Appendix B — Special Funding Program Conditions and Requirements similar to the ones attached to this report. Such documents shall be in a form approved by the City Attorney. Authorize the City Manager or his designee to take such further actions and execute such further documents, approved as to form by the City Attorney, as may be necessary to obtain, accept, implement, administer, and use such funds identified above. Adopt the accompanying Budget Ordinance to establish revenue estimates for the funding sources identified above and appropriate funding in Account: 08-530-9154 — Grayson Avenue, N.W., CGS. Adopt the accompanying Budget Ordinance to establish revenue estimates for the funding sources identified above and appropriate funding in Account: 08-530-9149 — 8th Street, N.W., CGS. Bob Cowell, City Manager Distribution: Council Appointed Officers Samuel Roman, Assistant City Manager Amelia Merchant, Deputy Director of Finance Ross Campbell, Director of Public Works Luke Pugh, City Engineer , E , iir co O p C� ' " r 4 r g , # ., N o rn o 0 • 0 0 p O — -.'::::, , 1,,,0 i 6E:0::jaiiiiir,, .44..„.:„...,............=0. ,,,,,_ .,.,--t,,,,,,.,,,,,,..,,,,,e.„::: z:-,- - --.., . 9010i I ! z 1$N-L g $ *' * cz f f Ea� p'1. IQ gg Y ii "! mow:.-;v 10 d _ - Li co -wR -�'I C� t tY cr Ili } j '� )-, C7 co CV A # 44'Z f s' °; r et ` . = City of Roanoke Grant Details Form The submission of this form will aid in the effort of establishing clear communication 1110101 between the Grant Accountant and the Grant Manager as well as give an opportunity RO!'1 N K E for a better understanding of each grant. Please provide Required Information: answers below: 1. Grant Name 8th Street NW CGS 2. Grant Award Number UPC 121969 3. Period of the Grant(Start and End Date)MM-DD-YY 9 -30 23 -. 9 -30 26 4. Total Amount 1,217,070.00 5. Are these State,Federal, Pass-Thru or Third Party Funds? State 6. Does this grant require Local Match or In-Kind Match? Yes 6A: If you answered yes to Question 6,what type of match is required? Local Match 6B: What percentage/amount is required? 1,217,070.00 6C: Have you confirmed with the Department of Management and Budget as to which account Yes the match will be coming from? 6D: Which account will the match be coming from? 08-530-9149 You should not have an answer here until you have confirmed with Paul Workman. Please send proof of confirmation to the Grant Accountant that you have verified where the match will be coming from. 7. Have you sent the Award Document/Notice of Award Confirmation to the Grant Accountant? No (This is important in order to help facilitate the oversight and set up of this grant.) 8. Are there any reporting requirements for this grant? Yes Engineering 8A: Who is responsible for the reporting? Please add any additional comments here: Engineering will make quarterly reimbursement requests from VDOT and update the monthly project status in the VDOT Smart Portal web software. FOR DEPARTMENT OF FINANCE ONLY: 1 When is this grant going to council? 2. When did you receive the necessary information listed above? 3. Were you able to verify that the information above was accurate? 4. initial and Date Completion STANDARD PROJECT ADMINISTRATION AGREEMENT State-aid Projects Project Number UPC Local Government U000-128-488 121969 City of Roanoke THIS AGREEMENT, is hereby made and effective the date of the last (latest) signature set forth below, by and between the CITY OF ROANOKE,VIRGINIA, hereinafter referred to as the LOCALITY and the Commonwealth of Virginia, Department of Transportation, hereinafter referred to as the DEPARTMENT. The DEPARTMENT and the LOCALITY are collectively referred to as the "Parties." WHEREAS, the LOCALITY has expressed its desire to administer the work described in Appendix A, and such work for each improvement shown in Appendix A is hereinafter referred to as the`Project;" and WHEREAS, the funds shown in Appendix A have been allocated to finance the Project and the funding currently allocated or proposed for the Project does not include Federal-aid Highway funds; and WHEREAS, the LOCALITY is committed to the development and delivery of the Project in an expeditious manner; and WHEREAS, the LOCALITY is responsible for administering the Project in accordance with DEPARTMENT guidelines, including the most current Locally Administered Projects Manual("LAP Manual"), and with the program specific requirements shown in Appendix B, based on the nature of the allocated funding for the Project as shown in the Appendix A; and WHEREAS, the LOCALITY's governing body has by resolution, demonstrated the LOCALITY'S commitment to provide local funding for the Project as contemplated by this Agreement and further. by resolution or otherwise, authorized its designee to execute this Agreement. and said authorizations are attached hereto. WHEREAS, the Parties have concurred in the LOCALITY's administration of all phases of work for the Project in accordance with applicable federal, state and local laws and regulations. NOW THEREFORE, in consideration of the mutual premises contained herein, the Parties hereto agree as follows: 1. The representations, covenants and recitations set forth in the foregoing recitals are material to this Agreement and are hereby incorporated into and made a part of this Agreement as though they were fully set forth in this Section 1. 2. The LOCALITY shall: 1 State Aid Project Administration Agreement Locality City of Roanoke Project Number L000-128-488 UPC 121969 a. Be responsible for all activities necessary to complete the noted phase(s) of the Project as shown in Appendix A, except for activities, decisions, and approvals which are the responsibility of the DEPARTMENT, as expressly required by federal or state laws and regulations, or as otherwise agreed to, in writing,between the Parties. Every phase of the Project will be designed and constructed to meet or exceed current American Association of State Highway and Transportation Officials standards when the facilities are locally maintained and shall further comply with all supplementary standards established by the DEPARTMENT when the facilities are maintained by the DEPARTMENT. b. Meet all funding obligation and expenditure timeline requirements in accordance with all applicable federal and state laws and regulations, all applicable Commonwealth Transportation Board and DEPARTMENT policies, and those additional requirements as identified in Appendices A and B to this Agreement. Noncompliance with this requirement may result in deallocation of the funding from the Project, rescission of state funding match, termination of this Agreement, or the DEPARTMENT denial of future requests to administer projects by the LOCALITY, all of which actions are at the discretion of the DEPARTMENT or as can be taken pursuant to applicable laws, regulations or policies. c. Administer the Project in accordance with the DEPARTMENT'S most current LAP Manual and other guidelines applicable to Locally Administered Projects as published by the DEPARTMENT. d. Provide timely certification by a LOCALITY official of the LOCALITY'S compliance with applicable laws and regulations on the State Certification Form for State Funded Projects or in another manner as prescribed by the DEPARTMENT. e. Maintain accurate and complete records of the Project's development as required in the LAP Manual and any supplemental guidance and directives of the DEPARTMENT and retain documentation of all expenditures and make such information available for inspection or auditing by the DEPARTMENT upon request. Records and documentation for the Project shall be maintained for no less than three (3) years following the DEPARTMENT'S acceptance of the final voucher on the Project. f. At least quarterly, but no more frequently than monthly, submit invoices with supporting documentation to the DEPARTMENT in the form prescribed by the DEPARTMENT. The supporting documentation shall include copies of vendor and contractor invoices paid by the LOCALITY, an up-to-date Project summary and schedule, and a summary of all payment requests. payments and adjustments. A request for reimbursement shall be made within 90 days after any eligible project expenses are incurred by the LOCALITY. Reimbursement for eligible expenditures shall not exceed funds allocated each year for the Project by the Commonwealth Transportation Board in the Six Year Improvement Program. g. Reimburse the DEPARTMENT for all Project expenses incurred by the DEPARTMENT if, due to action or inaction of the LOCALITY. the Project becomes OAG Approved?'2S 2022 2 State Aid Project Administration Agreement Locality-City of Roanoke Project Number: 1 000-128-488 LTC 121969 ineligible for state reimbursement, or in the event the reimbursement is required by the provisions of§ 33.2-214 or § 33.2-331 of the Code of Virginia (1950) as amended, or other applicable provisions of state law or regulations. h. On Projects that the LOCALITY is providing the required match to state funds,pay the DEPARTMENT the LOCALITY's match for eligible Project expenses incurred by the DEPARTMENT in the performance of activities set forth in paragraph 2.a. i. Administer the Project in accordance with all applicable federal, state, and local laws and regulations. Failure to fulfill legal obligations associated with the Project may result in forfeiture of state-aid reimbursements j. If legal services other than that provided by staff counsel are required in connection with condemnation proceedings associated with the acquisition of Right-of-Way, the LOCALITY will consult the DEPARTMENT to obtain an attorney from the list of outside counsel approved by the Office of the Attorney General. Costs associated with outside counsel services shall be reimbursable expenses of the Project. k. Provide, or have others provide, maintenance of the Project upon completion, unless otherwise agreed to by the DEPARTMENT. Where the Project results in physical construction, the LOCALITY will continue to operate and maintain the Project in accordance with the final constructed design as approved by the DEPARTMENT. The LOCALITY agrees that any modification of the approved design features, without the approval of the DEPARTMENT, may, at the discretion of the DEPARTMENT, result in restitution either physically or monetarily as determined by the DEPARTMENT. 3. The DEPARTMENT shall: a. Perform any actions and provide any decisions and approvals,within a reasonable time, which are the responsibility of the DEPARTMENT, as required by federal and state laws and regulations or as otherwise agreed to, in writing, between the parties. b. Upon receipt of the LOCALITY's invoices pursuant to paragraph 2.f, reimburse the LOCALITY the cost of eligible Project expenses. as described in Appendix A. Such reimbursements shall be payable by the DEPARTMENT within 30 days of an acceptable submission by the LOCALITY. c. Where applicable, submit invoices to the LOCALITY for the LOCALITY's share of eligible Project expenses incurred by the DEPARTMENT in the performance of activities pursuant to paragraph 2.a. and 3.a. d. Audit the LOCALITY's Project records and documentation as may be required to verify LOCALITY compliance with applicable laws and regulations. e. Upon LOCALITY'S request, make available to the LOCALITY guidelines to assist the Parties in carrying out responsibilities under this Agreement. OAG Approved 7 28.2022 3 State Aid Project Administration Agreement Localitv:Citv of Roanoke Project Number: U000-128-488,UPC 121969 4. If designated by the DEPARTMENT. the LOCALITY is authorized to act as the DEPARTMENT'S agent for the purpose of conducting survey work pursuant to § 33.2- 1011 of the Code of Virginia (1950), as amended. 5. Nothing in this Agreement shall obligate the Parties hereto to expend or provide any funds in excess of funds agreed upon in this Agreement or as shall have been included in an annual or other lawful appropriation. State and federal Project funding is limited to those identified in the Appendix A of this Agreement and is allocable only upon LOCALITY'S compliance with all requirements of this Agreement. In the event the cost of all or part of the Project is anticipated to exceed the allocation shown on Appendix A, the Parties agree to cooperate in seeking additional funding for the Project or to terminate the Project before Project costs exceed the allocated amount. Any requested increase in federal or state funding is subject to DEPARTMENT policy and procedures applicable to the funding source and is not guaranteed. 6. Nothing in this Agreement shall be construed as a waiver of the LOCALITY's or the Commonwealth of Virginia's sovereign immunity. 7. The Parties mutually agree and acknowledge, in entering this Agreement, that the individuals acting on behalf of the Parties are acting within the scope of their official authority and capacity and the Parties agree that neither Party will bring a suit or assert a claim against any official, officer, or employee of either Party, in their individual or personal capacity, for a breach or violation of the terms of this Agreement or to otherwise enforce the terms and conditions of this Agreement The foregoing notwithstanding, nothing in this subparagraph shall prevent the enforcement of the terms and conditions of this Agreement by or against either Party in a competent court of law. 8. The Parties mutually agree that no provision of this Agreement shall create in the public, or in any person or entity other than the Parties, rights as a third party beneficiary hereunder, or authorize any person or entity, not a party hereto, to maintain any action for, without limitation, personal injury, property damage, breach of contract, or return of money, or property, deposit(s), cancellation or forfeiture of bonds, financial instruments, pursuant to the terms of this Agreement or otherwise. Notwithstanding any other provision of this Agreement to the contrary, unless otherwise provided, the Parties agree that the LOCALITY or the DEPARTMENT shall not be bound by any agreements between either party and other persons or entities concerning any matter which is the subject of this Agreement, unless and until the LOCALITY or the DEPARTMENT has, in writing, received a true copy of such agreement(s) and has affirmatively agreed, in writing, to be bound by such Agreement. 9. This Agreement may be terminated by either Party upon 30 days advance written notice to the other Party. Eligible Project expenses incurred through the date of termination shall be reimbursed in accordance with paragraphs, 2.g., 2.h, and 3.b, subject to the limitations established in this Agreement and Appendix A. Upon termination and unless otherwise agreed to,the DEPARTMENT shall retain ownership of plans. specifications, and right of way for which state funds have been provided, unless all state funds provided for the OAG Approved 7 28 2022 State Aid Project Administration Agreement Locality:City of Roanoke Project Number: 1:000-128-488,UPC 121969 Project have been reimbursed to the DEPARTMENT by the LOCALITY, in which case the LOCALITY will have ownership of the plans, specifications. and right of way. 10. Prior to any action pursuant to paragraphs 2.b or 2.h of this Agreement, the DEPARTMENT shall provide notice to the LOCALITY with a specific description of the LOCALITY'S breach of this Agreement. Upon receipt of a notice of breach, the LOCALITY will be provided the opportunity to cure such breach or to provide a plan to cure to the satisfaction to the DEPARTMENT. If, within sixty(60) days after receipt of the written notice of breach,the LOCALITY has neither cured the breach,nor is diligently pursuing a cure of the breach to the satisfaction of the DEPARTMENT, then upon receipt by the LOCALITY of a written notice from the DEPARTMENT stating that the breach has neither been cured, nor is the LOCALITY diligently pursuing a cure, the DEPARTMENT may exercise any remedies it may have under this Agreement or at law or in equity. 11. THE LOCALITY and DEPARTMENT acknowledge and agree that this Agreement has been prepared jointly by the Parties and shall be construed simply and in accordance with its fair meaning and not strictly for or against any Party. 12. THE LOCALITY and the DEPARTMENT further agree that should Federal-aid Highway funds be added to the Project, this Agreement is no longer applicable. The LOCALITY and the DEPARTMENT mutually agree that they shall then enter into a Standard Project Administration Agreement for Federal-aid Projects upon execution of which this Agreement shall be terminated. 13. THIS AGREEMENT, when properly executed, shall be binding upon both Parties, their successors, and assigns. 14. THIS AGREEMENT may be modified only in writing by mutual agreement of the Parties. The remainder of this page is BLANK OAG Approved 7 28.2022 5 State Aid Project Administration Agreement Locality:City of Roanoke Project Number: U000-128-488.UPC 121969 IN WITNESS WHEREOF,each Party hereto has caused this Agreement to be executed by their duly authorized representatives, acknowledging and agreeing that any digital signature affixed hereto shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. CITY OF ROANOKE,VIRGINIA: Signature Date Title NOTE: The official signing for the LOCALITY must attach a certified copy of his or her authority to execute this Agreement. COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION: Signature Date Chief of Policy, Commonwealth of Virginia. Department of Transportation Attachments Appendix A Appendix B OAG Approved 7'28 2022 6 Appendix A-Locally Administered Version: Original Prepared Date: 12/20/2022 D 1 UPC. 121969 State Project# 0000-128-488 CFDA# NIA Locality UE!#. NBFNAEXRHD76 Locality City of Roanoke Address: 215 Church Avenue,SW,Roanoke,VA 24011 8TH STREET,NW-CURB,GUTTER,SW-ROANOKE. FY23 RS-Construction of new curb,gutter,sidewalk(CGS),improved pedestrian crossings drainage Project Location 24016 1048 Work Description. improvements and mill and overlay between Grayson Ave.and Staunton Ave.The (Zip+4) project is approximately 900 linear feet within existing variable right-of-way. I Pr*ojq*et Points of Contact 1 Locality Project Manager VDOT Project Coordinator Name: Luke Pugh Name: Jessie_Nester Phone: 540-853-5208 Phone: 540-613-4115 Email: luke.pugh@roanokeva.gov Email: Jessie.Nester@vdot.virginia.gov ProJect'Estimates Preliminary Right of Way and Construction Total Engineering Utilities Estimated Locality Project Expenses $366,332 $78,808 $2,626,389 $3,071,529 Estimated VDOT Project Oversight $1,000 $1,000 $3,000 $5,000 Estimated VDOT Project Services(Appendix C) $0 $0 $0 $0 Estimated Total Project Costs $367,332 ( $79,808 ( $2,629,389 1 ritOctFirtifficiag Allocated Funds Type Allocated Funds Local% Max Reimbursement Total Estimated Amount Participation Local Share Total to Locality Reimbursement to Locality Revenue Sharing $2,434,140 50% $1,217,070 $1,217,070 Local Funds $642,389 100% $642,389 $0 Funding o s , , , Note-The funds order is not indicative of the actual spend order of funds on the project. T.nis Appendix A supersedes all previous versions signed by VDOT and the LOCALITY for the Project Authorized Locality Official Date Authorized VDOT Official Date Title of Locality Official Title of VDOT Official This attachment is certified and made an official attachment to this document by the Parties to this Agreement. Updated June 2022 State-Aid Agreement Appendix B—Special Funding Program Conditions and Requirements Project Number UPC Local Government U000-128-488 121969 City of Roanoke SMART SCALE Administration of this Project, including but not limited to Project estimate. schedule and commitment to funding, is subject to the requirements established in the Commonwealth Transportation Board's (C I B's)most current Policy for Implementation of the SMART SCALE Project Prioriti:ation Process, the applicable requirements of the Code of Virginia,and VDOT's applicable Instructional and Informational Memoranda. Without limiting the foregoing.this Project has been selected through the Smart Scale(HB2) application and selection process and will remain in the Six-Year Improvement Plan as a funding priority unless certain conditions set forth in the CTB's most current Policy for Implementation of a Project Prioriti_ation Process arise. Pursuant to the CTB's Policy for Implementation of a Project Prioriti:ation Process,this Project will be re-scored and/or the funding decision re-evaluated if any of the following conditions apply: a change in the scope, an estimate increase, or a reduction in the locally/regionally leveraged funds. Applications may not be submitted in a subsequent SMART SCALE prioritization cycle to account for a cost increase on a previously selected project. This Project shall be initiated and at least a portion of the Project's programmed funds expended within one year of the budgeted year of allocation or funding may be subject to reprogramming to other projects selected through the prioritization process. In the event the Project is not advanced to the next phase of construction when requested by the CTB.the LOCALITY or the localities within the metropolitan planning organization may be required.pursuant to § 33.2-214 of the Code of Virginia, to reimburse the DEPARTMENT for all state and federal funds expended on the Project. Revenue Sharing This Project shall be administered in accordance with VDOT's most current Revenue Sharing Program Guidelines. Without limiting the foregoing. the Project shall be initiated such that at least a portion of the Revenue Sharing Funds are expended within one year of allocation. For any project that has not been initiated within one year,the CTB has the discretion to defer consideration of future allocations until the project moves forward. Further. if the Project has not been initiated within two fiscal years subsequent to the allocation of Revenue Sharing Funds, the Revenue Sharing Funds for the Project may be subject to deallocation from the Project at the discretion of the CTB. OAG Reviewed 7/28/2022 1 Economic Access This Project shall be administered in accordance with VDOT's most current Economic Development Access Program Guide. Airport Access This Project shall be administered in accordance with VDOT's most current Airport Access Program Guide. Recreational Access This Project shall be administered in accordance with VDOT's most current Recreational Access Program Guide. Authorized Locality Official Signature and Date OAG Reviewed 7/28/2022 2 City of Roanoke Grant Details Form The submission of this form will aid in the effort of establishing clear communication . I a .`= between the Grant Accountant and the Grant Manager,as well as give an opportunity ROA N K E for a better understanding of each grant. Please provide Required Information: answers below: Grayson Avenue, NW 1. Grant Name CGS 2. Grant Award Number UPC 121999 3. Period of the Grant(Start and End Date)MM-DD-YY 9 - 30-23 = 9 -30-26 4. Total Amount 1,354,806.00 5. Are these State,Federal,Pass-Thru or Third Party Funds? State 6. Does this grant require Local Match or In-Kind Match? Yes 6A: If you answered yes to Question 6,what type of match is required? Local Match 6B: What percentage/amount is required? 1,354,806.00 6C: Have you confirmed with the Department of Management and Budget as to which account Yes the match will be coming from? 6D: Which account will the match be coming from? 08-530-9154 You should not have an answer here until you have confirmed with Paul Workman. Please send proof of confirmation to the Grant Accountant that you have verified where the match will be coming from. 7. Have you sent the Award Document/Notice of Award Confirmation to the Grant Accountant? No (This is important in order to help facilitate the oversight and set up of this grant.) 8. Are there any reporting requirements for this grant? Yes Engineering 8A: Who is responsible for the reporting? Please add any additional comments here: Engineering will make quarterly reimbursement requests from VDOT and update the monthly project status in the VDOT Smart Portal web software. FOR DEPARTMENT OF FINANCE ONLY 1 When is this grant going to council? 2. When did you receive the necessary information listed above? 3 Were you able to verify that the information above was accurate? 4. Initial and Date Completion STANDARD PROJECT ADMINISTRATION AGREEMENT State-aid Projects I Project Number L UPC Local Govenuilent U000-128-489 I 121999 City of Roanoke THIS AGREEMENT, is hereby made and effective the date of the last(latest) signature set forth below, by and between the CITY OF ROANOKE,VIRGINIA, hereinafter referred to as the LOCALITY and the Commonwealth of Virginia. Department of Transportation, hereinafter referred to as the DEPARTMENT. The DEPARTMENT and the LOCALITY are collectively referred to as the "Parties." WHEREAS, the LOCALITY has expressed its desire to administer the work described in Appendix A, and such work for each improvement shown in Appendix A is hereinafter referred to as the"Project;" and WHEREAS, the funds shown in Appendix A have been allocated to finance the Project and the funding currently allocated or proposed for the Project does not include Federal-aid Highway funds. and WHEREAS, the LOCALITY is committed to the development and delivery of the Project in an expeditious manner; and WHEREAS, the LOCALITY is responsible for administering the Project in accordance with DEPARTMENT guidelines, including the most current Locally Administered Projects Manual("LAP Manual"), and with the program specific requirements shown in Appendix B, based on the nature of the allocated funding for the Project as shown in the Appendix A; and WHEREAS. the LOCALITY's governing body has by resolution, demonstrated the LOCALITY'S commitment to provide local funding for the Project as contemplated by this Agreement and further, by resolution or otherwise. authorized its designee to execute this Agreement. and said authorizations are attached hereto. WHEREAS, the Parties have concurred in the LOCALITY`s administration of all phases of work for the Project in accordance with applicable federal. state and local laws and regulations. NOW THEREFORE, in consideration of the mutual premises contained herein, the Parties hereto agree as follows: 1. The representations, covenants and recitations set forth in the foregoing recitals are material to this Agreement and are hereby incorporated into and made a part of this Agreement as though they were fully set forth in this Section 1. ?. The LOCALITY shall: 1 State Aid Project Administration Agreement Locality Cite of Roanoke Project Number: L'000-128-489,UPC 121999 a. Be responsible for all activities necessary to complete the noted phase(s) of the Project as shown in Appendix A, except for activities, decisions, and approvals which are the responsibility of the DEPARTMENT, as expressly required by federal or state laws and regulations, or as otherwise agreed to, in writing, between the Parties. Every phase of the Project will be designed and constructed to meet or exceed current American Association of State Highway and Transportation Officials standards when the facilities are locally maintained and shall further comply with all supplementary standards established by the DEPARTMENT when the facilities are maintained by the DEPARTMENT. b. Meet all funding obligation and expenditure timeline requirements in accordance with all applicable federal and state laws and regulations, all applicable Commonwealth Transportation Board and DEPARTMENT policies, and those additional requirements as identified in Appendices A and B to this Agreement. Noncompliance with this requirement may result in deallocation of the funding from the Project, rescission of state funding match, termination of this Agreement, or the DEPARTMENT denial of future requests to administer projects by the LOCALITY, all of which actions are at the discretion of the DEPARTMENT or as can be taken pursuant to applicable laws, regulations or policies. c. Administer the Project in accordance with the DEPARTMENT's most current LAP Manual and other guidelines applicable to Locally Administered Projects as published by the DEPARTMENT. d. Provide timely certification by a LOCALITY official of the LOCALITY'S compliance with applicable laws and regulations on the State Certification Form for State Funded Projects or in another manner as prescribed by the DEPARTMENT. e. Maintain accurate and complete records of the Project's development as required in the LAP Manual and any supplemental guidance and directives of the DEPARTMENT and retain documentation of all expenditures and make such information available for inspection or auditing by the DEPARTMENT upon request. Records and documentation for the Project shall be maintained for no less than three (3) years following the DEPARTMENT'S acceptance of the final voucher on the Project. f. At least quarterly. but no more frequently than monthly, submit invoices with supporting documentation to the DEPARTMENT in the form prescribed by the DEPARTMENT. The supporting documentation shall include copies of vendor and contractor invoices paid by the LOCALITY, an up-to-date Project summary and schedule, and a summary of all payment requests, payments and adjustments. A request for reimbursement shall be made within 90 days after any eligible project expenses are incurred by the LOCALITY. Reimbursement for eligible expenditures shall not exceed funds allocated each year for the Project by the Commonwealth Transportation Board in the Six Year Improvement Program. g. Reimburse the DEPARTMENT for all Project expenses incurred by the DEPARTMENT if, due to action or inaction of the LOCALITY, the Project becomes OAG Approved'2S 2022 State Aid Project Administration Agreement Locality:City of Roanoke Project Number: U000-128-489.UPC 121999 ineligible for state reimbursement, or in the event the reimbursement is required by the provisions of§ 33.2-214 or § 33.2-331 of the Code of Virginia (1950) as amended, or other applicable provisions of state law or regulations. h. On Projects that the LOCALITY is providing the required match to state funds,pay the DEPARTMENT the LOCALITY's match for eligible Project expenses incurred by the DEPARTMENT in the performance of activities set forth in paragraph 2.a. i. Administer the Project in accordance with all applicable federal, state, and local laws and regulations. Failure to fulfill legal obligations associated with the Project may result in forfeiture of state-aid reimbursements j. If legal services other than that provided by staff counsel are required in connection with condemnation proceedings associated with the acquisition of Right-of-Way, the LOCALITY will consult the DEPARTMENT to obtain an attorney from the list of outside counsel approved by the Office of the Attorney General. Costs associated with outside counsel services shall be reimbursable expenses of the Project. k. Provide, or have others provide, maintenance of the Project upon completion, unless otherwise agreed to by the DEPARTMENT. Where the Project results in physical construction, the LOCALITY will continue to operate and maintain the Project in accordance with the final constructed design as approved by the DEPARTMENT. The LOCALITY agrees that any modification of the approved design features, without the approval of the DEPARTMENT, may, at the discretion of the DEPARTMENT, result in restitution either physically or monetarily as determined by the DEPARTMENT. 3, The DEPARTMENT shall: a. Perform any actions and provide any decisions and approvals,within a reasonable time. which are the responsibility of the DEPARTMENT, as required by federal and state laws and regulations or as otherwise agreed to, in writing, between the parties. b. Upon receipt of the LOCALITY's invoices pursuant to paragraph 2.f, reimburse the LOCALITY the cost of eligible Project expenses, as described in Appendix A. Such reimbursements shall be payable by the DEPARTMENT within 30 days of an acceptable submission by the LOCALITY. c. Where applicable. submit invoices to the LOCALITY for the LOCALITY's share of eligible Project expenses incurred by the DEPARTMENT in the performance of activities pursuant to paragraph 2.a. and 3.a. d. Audit the LOCALITY's Project records and documentation as may be required to verify LOCALITY compliance with applicable laws and regulations. e. Upon LOCALITY'S request. make available to the LOCALITY guidelines to assist the Parties in carrying out responsibilities under this Agreement. OAG Approved 7.2S 2022 3 State Aid Project Administration Agreement Localitv:City of Roanoke Project Number: U000-128-489.UPC 121999 4. If designated by the DEPARTMENT. the LOCALITY is authorized to act as the DEPARTMENT'S agent for the purpose of conducting survey work pursuant to § 33.2- 1011 of the Code of Virginia(1950), as amended. 5. Nothing in this Agreement shall obligate the Parties hereto to expend or provide any funds in excess of funds agreed upon in this Agreement or as shall have been included in an annual or other lawful appropriation. State and federal Project funding is limited to those identified in the Appendix A of this Agreement and is allocable only upon LOCALITY'S compliance with all requirements of this Agreement. In the event the cost of all or part of the Project is anticipated to exceed the allocation shown on Appendix A. the Parties agree to cooperate in seeking additional funding for the Project or to terminate the Project before Project costs exceed the allocated amount. Any requested increase in federal or state funding is subject to DEPARTMENT policy and procedures applicable to the funding source and is not guaranteed. 6. Nothing in this Agreement shall be construed as a waiver of the LOCALITY's or the Commonwealth of Virginia's sovereign immunity. 7. The Parties mutually agree and acknowledge, in entering this Agreement, that the individuals acting on behalf of the Parties are acting within the scope of their official authority and capacity and the Parties agree that neither Party will bring a suit or assert a claim against any official, officer, or employee of either Party, in their individual or personal capacity, for a breach or violation of the terms of this Agreement or to otherwise enforce the terms and conditions of this Agreement The foregoing notwithstanding, nothing in this subparagraph shall prevent the enforcement of the terms and conditions of this Agreement by or against either Party in a competent court of law. 8. The Parties mutually agree that no provision of this Agreement shall create in the public, or in any person or entity other than the Parties, rights as a third party beneficiary hereunder, or authorize any person or entity, not a party hereto,to maintain any action for, without limitation, personal injury, property damage. breach of contract, or return of money, or property, deposit(s), cancellation or forfeiture of bonds, financial instruments. pursuant to the terms of this Agreement or otherwise. Notwithstanding any other provision of this Agreement to the contrary, unless otherwise provided, the Parties agree that the LOCALITY or the DEPARTMENT shall not be bound by any agreements between either party and other persons or entities concerning any matter which is the subject of this Agreement, unless and until the LOCALITY or the DEPARTMENT has, in writing, received a true copy of such agreement(s) and has affirmatively agreed, in writing, to be bound by such Agreement. 9. This Agreement may be terminated by either Party upon 30 days advance written notice to the other Party. Eligible Project expenses incurred through the date of termination shall be reimbursed in accordance with paragraphs, 2.g., 2.11, and 3.b, subject to the limitations established in this Agreement and Appendix A. Upon termination and unless otherwise agreed to. the DEPARTMENT shall retain ownership of plans, specifications, and right of way for which state funds have been provided, unless all state funds provided for the J OAG Approved,28 2022 4 State Aid Project Administration Agreement Locality:City of Roanoke Project Number: 1 000-12_8-489.UPC 121999 Project have been reimbursed to the DEPARTMENT by the LOCALITY, in which case the LOCALITY will have ownership of the plans, specifications, and right of way. 10. Prior to any action pursuant to paragraphs 2.b or 2.h of this Agreement, the DEPARTMENT shall provide notice to the LOCALITY with a specific description of the LOCALITY`S breach of this Agreement. Upon receipt of a notice of breach, the LOCALITY will be provided the opportunity to cure such breach or to provide a plan to cure to the satisfaction to the DEPARTMENT. If, within sixty (60) days after receipt of the written notice of breach, the LOCALITY has neither cured the breach, nor is diligently pursuing a cure of the breach to the satisfaction of the DEPARTMENT, then upon receipt by the LOCALITY of a written notice from the DEPARTMENT stating that the breach has neither been cured, nor is the LOCALITY diligently pursuing a cure, the DEPARTMENT may exercise any remedies it may have under this Agreement or at law or in equity. 11. THE LOCALITY and DEPARTMENT acknowledge and agree that this Agreement has been prepared jointly by the Parties and shall be construed simply and in accordance with its fair meaning and not strictly for or against any Party. 12. THE LOCALITY and the DEPARTMENT further agree that should Federal-aid Highway funds be added to the Project, this Agreement is no longer applicable. The LOCALITY and the DEPARTMENT mutually agree that they shall then enter into a Standard Project Administration Agreement for Federal-aid Projects upon execution of which this Agreement shall be terminated. 13. THIS AGREEMENT, when properly executed, shall be binding upon both Parties, their successors, and assigns. 14. THIS AGREEMENT may be modified only in writing by mutual agreement of the Parties. The remainder of this page is BLANK OAG Approved'28 2022 5 State Aid Project Administration Agreement Locality:City'of Roanoke Project Number: 1:000-12S-489.UPC 121999 IN WITNESS WHEREOF, each Party hereto has caused this Agreement to be executed by their duly authorized representatives, acknowledging and agreeing that any digital signature affixed hereto shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. CITY OF RO ANODE,VIRGINIA: Signature Date Title NOTE: The official signing for the LOCALITY must attach a certified copy of his or her authority to execute this Agreement. COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION: Signature Date Chief of Policy, Commonwealth of Virginia. Department of Transportation Attachments Appendix A Appendix B OAG Approved 728.2022 6 Appendix A-Locally Administered Version Original Prepared Date. 12.14,2022 Project Details UPC 121999 State Project# 1U000-128-489 CFDA#: NA Locality UEt#: NBFNAEXRHD76 Locality 'City of Roanoke 1 Address 1215 Church Avenue,SW,Roanoke,VA 24011 GRAYSON AVE.NW-CURB,GUTTER.SW-ROANOKE FY23 RS-Construction of new curb,gutter,sidewalk(CGS),improved pedestrian crossings,and drainage Project Location 24016-1020 Work Description improvements.The project limits is between 10th Street and 8th Street and is (Zip+4) approximately 720 linear feet within existing variable right-of-way. Project Points of Contact 1 Locality Project Manager VDOT Project Coordinator Name: Luke Pugh Name- Jessie Nester Phone 540-853-5208 Phone. 540-613-4115 Email luke pugh@roanokeva gov Email: Jessie Nester@vdot.virginia.gov Project Estimates Preliminary Right of Way and Construction Total Engineering Utilities Estimated Locality Project Expenses $33,232 $81,202 $3,015,267 $3,129,701 Estimated VDOT Project Oversight $1,000 $1,000 $3,000 S5 000 Estimated VDOT Project Services(Appendix C) $0 $0 $0 SO Estimated Total Project Costs I $34,232 I $82,202 1 $3,018,267 $3,134,701 Project Financing Allocated Funds Local% Max Reimbursement Total Estimated Allocated Funds Type y Local Share Total Amount Participation to Localit Reimbursement to Locality Revenue Sharing $2,709,612 50% $1,354,806 $1,354,806 Local Funds $425,089 100% $425,089 $0 Funding Totals $3,134,701 $1,779,895 $1,354,806 $1.349,806 "note-The fu-ds order is not;od:catrce of the actue!spe,d order of foods oh the project This Appendix A supersedes all previous versions signed by VDOT and the LOCALITY for the Project Authorized Locality Official Date Authorized VDOT Official Date Title of Locality Official Title of VDOT Official This attachment is certified and made an official attachment to this document by the Parties to this Agreement. Updated June 2022 Locally Administered State Aid Agreement Appendix B—Special Funding Program Conditions and Requirements Project Number J UPC Local Government U000-128-489 i 121999 City of Roanoke SMART SCALE Administration of this Project, including but not limited to Project estimate, schedule and commitment to funding, is subject to the requirements established in the Commonwealth Transportation Board's (CTB's) most current Policy for Implementation of the S AL4RTT SCALE Project Pr•ioritiration Process,the applicable requirements of the Code of Virginia, and VDOT's applicable Instructional and Informational Memoranda. Without limiting the foregoing, this Project has been selected through the Smart Scale (HB2) application and selection process and will remain in the Six-Year Improvement Plan as a funding priority unless certain conditions set forth in the CTB's most current Policy for Implementation of a Project Prioriti_ation Process arise. Pursuant to the CTB's Policy for Implementation of a Project Prioritisation Process, this Project will be re-scored and'or the funding decision re- evaluated if any of the following conditions apply: a change in the scope, an estimate increase, or a reduction in the locally/regionally leveraged funds. Applications may not be submitted in a subsequent SMART SCALE prioritization cycle to account for a cost increase on a previously selected project. This Project shall be initiated and at least a portion of the Project's programmed funds expended within one year of the budgeted year of allocation or funding may be subject to reprogramming to other projects selected through the prioritization process. In the event the Project is not advanced to the next phase of construction when requested by the CTB, the LOCALITY or the localities within the metropolitan planning organization may be required, pursuant to § 33.2-214 of the Code of Virginia, to reimburse the DEPARTMENT for all state and federal funds expended on the Project. Revenue Sharing This Project shall be administered in accordance with VDOT's most current Revenue Sharing Program Guidelines. Without limiting the foregoing, the Project shall be initiated such that at least a portion of the Revenue Sharing Funds are expended within one year of allocation. For any project that has not been initiated within one year, the CTB has the discretion to defer consideration of future allocations until the project moves forward. Further, if the Project has not been initiated within two fiscal years subsequent to the allocation of Revenue Sharing Funds, the Revenue Sharing OAG Reviewed 7/28/2022 1 Funds for the Project may be subject to deallocation from the Project at the discretion of the CTB. Economic Access This Project shall be administered in accordance with VDOT's most current Economic Development Access Program Guide. Airport Access This Project shall be administered in accordance with VDOT's most current Airport Access Program Guide. Recreational Access This Project shall be administered in accordance with VDOT's most current Recreational Access Program Guide. Authorized Locality Official Signature and Date OAG Reviewed 7/28/2022 2 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day of September 2023. No. 42752-090523. A RESOLUTION authorizing the acceptance of the Virginia Department of Conservation and Recreation Grant Funding for Bennett Springs Trailhead Improvements at Carvins Cove and authorizing the City Manager or his designee to execute, and file appropriate documents to obtain such funds. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts the Virginia Department of Conservation and Recreation Grant Funding in the total amount of $250,000, for Bennett Springs Trailhead Improvements at Carvins Cove as further outlined in the City Council Agenda Report dated September 5, 2023. 2. The City Manager or his designee is hereby authorized to accept,execute,and file on behalf of the City of Roanoke any and all documents required to obtain such funding. All such documents to be approved as to form by the City Attorney. 3. The City Manager or his designee is further directed to furnish such additional information as may be required in connection with the acceptance of the foregoing funding or with such project. ATTEST: -' YHZ CU City Clerk. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day of September 2023. No. 42753-090523. AN ORDINANCE appropriating funding from the Federal Government administered by the Virginia Department of Conservation and Recreation, amending and reordaining certain sections of the 2023-2024 Capital Projects Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2023-2024 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Capital Projects Fund Expenditures Approp From Fed Grant Funds 08-620-9194-9002 $ 250,000 Approp From General Revenue 08-620-9201-9003 (62,500) Approp From General Revenue 08-620-9194-9003 62,500 Revenues Bennet Springs Trailhead Carvins Cove 08-620-9194-9194 $ 250,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: C)-€A-det-J: - City Clerk. - .. ROANOKE CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: September 5, 2023 Subject: Acceptance of Virginia Department of Conservation and Recreation Grant for Bennett Springs Trailhead Improvements at Carvins Cove. Background: The Bennett Springs Trailhead at Carvins Cove is currently a gravel parking lot. This creates severe erosion issues in the parking lot and onto the actual trailhead, as well as carrying gravel and run-off pollutants into the trail and a stream that runs near the trailhead. The reconstruction of the Bennett Springs Trailhead will include paving and striping of parking spaces to create efficiency within the parking area. This will also allow for the addition of ADA designated parking spaces. Native trees and perennial plantings will be added to parking lot islands and bio sales to help slow, absorb, filter and direct the run-off more sustainably. New ADA accessible seating will be installed with this reconstruction, along with updated maps to assist users. The Parks & Recreation Department has been awarded a $250,000 grant from the Virginia Department of Conservation & Recreation to be utilized towards these improvements. Funding is made possible through the Federal Highway Administration. This award requires a 20% match ($62,500) from the City. Considerations: The Parks and Recreation Department would like to make improvements to the Bennett Springs Trailhead at Carvins Cove. These improvements include parking lot resurfacing, trail hardening, stormwater drainage features, tree planting and trailhead amenities. This is the most popular trail access point for Carvins Cove. Recommended Action: Accept the Virginia Department of Conservation and Recreation's grant award of$250,000.00 to make necessary trailhead improvements at the Bennett Springs Trailhead. Adopt the accompanying budget ordinance to establish funding from the Commonwealth of Virginia. Authorize the City Manager or his designee to take such further actions and execute such further documents, approved as to form by the City Attorney, as may be necessary to obtain, accept, implement, administer, and use such funds identified above. Bob Cowell, City Manager Distribution: Robert S. Cowell, Jr., City Manager Angela O'Brien, Assistant City Manager Brent Robertson, Assistant City Manager/Director of Finance Katherine Slusher, Planning and Development Coordinator Michael Clark, Director of Parks and Recreation Council Appointed Officers IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day of September 2023. No. 42754-090523. A RESOLUTION authorizing the acceptance of funding from the Western Virginia Water Authority for Tinker Creek Greenway Construction Utility Relocation and authorizing the City Manager or his designee to execute, and file appropriate documents to obtain such funds. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts funding from the Western Virginia Water Authority for Tinker Creek Greenway Construction Utility Relocation in the total amount of $129,300, as further outlined in the City Council Agenda Report dated September 5, 2023. 2. The City Manager or his designee is hereby authorized to accept,execute,and file on behalf of the City of Roanoke any and all documents required to obtain such funding. All such documents to be approved as to form by the City Attorney. 3. The City Manager or his designee is further directed to furnish such additional information as may be required in connection with the acceptance of the foregoing funding or with such project. ATTEST: V)1A41?"- City Clerk. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day of September 2023. No. 42755-090523. AN ORDINANCE appropriating funding from the Western Virginia Water Authority, amending and reordaining certain sections of the 2023-2024 Capital Projects Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2023-2024 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Capital Projects Fund Expenditures Approp. From 3rd Party 08-620-9492-9004 $ 129,300 Revenues Tinker Creek Greenway— Utility Relocation WVWA 08-620-9492-9498 $ 129,300 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: °-; City Clerk. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day of September 2023. No. 42756-090523. A RESOLUTION authorizing the City Manager's issuance and execution of a contract amendment to the City's contract with Allegheny Construction Company, Inc. for additional work on the Tinker Creek Greenway Construction project; and authorizing the City Manager or his designee to take such actions and execute such documents as may be necessary to provide for the implementation, administration, and enforcement of such contract, as amended. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager or his designee is hereby authorized, for and on behalf of the City, to issue and execute changes as may be necessary to the City's contract with Allegheny Construction Company, Inc., in an amount not to exceed $1,009,400, for the construction of a new waterline under Tinker Creek approximately 360 feet long, all as more fully set forth in the City Council Agenda Report dated September 5, 2023. 2. The form of such contract amendment shall be approved by the City Attorney. 3. The City Manager or his designee is further authorized to take such actions and execute such documents as may be necessary to provide for the implementation, administration, and enforcement of the Contract, as amended. Such documents shall be approved as to form by the City Attorney. ATTEST: Y-Yld-e-4,7 - City Clerk. 71 t ROANOKE CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: September 5, 2023 Subject: Acceptance of funds from the Western Virginia Water Authority in connection with the Tinker Creek Greenway Construction — Utility Relocation. Background: The City received federal funding, with VDOT oversight, for the construction of the Tinker Creek greenway from 13th Street, NW to Mason's Mill. A construction contract with a value of $3,248,595 was awarded to Allegheny Construction Company, Inc. (Allegheny) with a Notice to Proceed of June 6, 2022. Construction is approximately 75% complete. During recent excavation operations a 12" water line near Mason's Mill Bridge, owned and operated by the Western Virginia Water Authority (WVWA), was discovered to be in conflict with the construction activities. The water line, installed in 1953, is comprised of cast iron materials and is submerged under Tinker Creek. These cast iron materials have proven to be problematic to work with due to their brittle nature. In addition, the 12" waterline is a part of the primary distribution network for the Northeast quadrant. Considerations: The City Engineering Division has coordinated with the WVWA to construct a new water line downstream of the existing water line and avoid working on the existing water line within the confines of Tinker Creek. Allegheny submitted a proposal to construct the new waterline under Tinker Creek at a cost of $959,400. The improvements consist of boring a new line approximately 360' long, installation of nine valves, connections to the existing infrastructure, and associated work. The scope also includes a WVWA request to fund a betterment of $129,300 to increase the size of the water line from 12" to 16" in diameter. VDOT has approved the proposal and indicated the water line work is eligible as a project cost for federal reimbursement. Recommended Action: Accept WVWA funding of $129,300 and authorize the City Manager or his designee to take such further actions and execute such further documents, approved as to form by the City Attorney, as may be necessary to obtain, accept, implement, administer, and use such funds identified above. Adopt the accompanying Budget Ordinance to establish revenue estimates for the funding sources identified above and appropriate funding in the same account, Tinker Creek Greenway (08-620-9492). In addition to the above net total of$959,400, other expenses connected with the project may involve encountering unexpected and/or additional conditions that necessitate variations in the contract. Therefore, future amendments may be needed as the project moves to completion. However, the total of such other amendments is not expected to exceed an additional $50,000 over and above the previously mentioned $959,400. Authorize the City Manager or his designee to execute amendments to the contract with Allegheny, as mentioned above, approved as to form by the City Attorney, in an amount not to exceed $1,009,400 FOR completion of construction services. Authorize the City Manager or his designee to take such actions and to execute such documents, as may be necessary to provide for the implementation, administration, and enforcement of all such amendments to the above-mentioned contract with Allegheny, as well as the contract itself. Bob Cowell, City Manager Distribution: Council Appointed Officers Samuel Roman, Assistant City Manager Amelia Merchant, Deputy Director of Finance Ross Campbell, Director of Public Works Michael Clark, Director Parks and Recreation Luke Pugh, City Engineer N N .0 M ::::_---- c.c:i.- M � � I le N _ •� ��ei ZO�� o —o w c v r C 0 U o cc 41 t co ,4. 444 CD ., c 7, L- �y., '', .. '[,1 _ - � � s �9r V(JJ}, Cf am- „ 4 •'I +r v, . . c .` co City of Roanoke Grant Details Form The submission of this form will aid in the effort of establishing clear communication IIII between the Grant Accountant and the Grant Manager as well as give an opportunity ROA N O K E for a better understanding of each grant. Please provide Required Information: answers below: 1. Grant Name Tinker Creek Greenway 2. Grant Award Number NA 3. Period of the Grant(Start and End Date)MM-DD-YY 1 30-24 1 -30-25 4. Total Amount 1 129,300.00 I 5. Are these State,Federal,Pass-Thru or Third Party Funds? Third Party 6. Does this grant require Local Match or In-Kind Match? No Inn-Kind Maid No Note:You will need to contact Paul Workman(paul.workman@roanokeva.gov) 08-620-9492 You should not have an answer here until you have confirmed with Paul Workman. 7. Have you sent the Award Document/Notice of Award Confirmation to the Grant Accountant? No (This is important in order to help facilitate the oversight and set up of this grant.) 8. Are there any reporting requirements for this grant? l No Please add any additional comments here: 3rd Party Reimbrusement from Western Virginia Water Authority(betterment for water line- 12"Dia to 16"Dia) FOR DEPARTMENT OF FINANCE ONLY: 1. When is this grant going to council? 2 When did you receive the necessary information listed above? 3 Were you able to verify that the information above was accurate? 4 Initial and Date Completion IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5rh day of September 2023. No. 42757-090523. AN ORDINANCE authorizing the City Manager or his designee to execute a lease agreement between the City of Roanoke (City), and Western Virginia Workforce Development Board, for the lease of a portion of City-owned property, approximately 2,500 square feet of the third floor at 1 and 7 Jefferson Street Building, Roanoke, Virginia, bearing Official Tax Map Nos. 1010507 and 1010508 (Property); and dispensing with the second reading of this ordinance by title. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, as follows: 1. The City Manager or his designee is authorized to execute, in a form approved by the City Attorney, a lease agreement between the City of Roanoke and Western Virginia Workforce Development Board, for the lease of a portion of City-owned property, approximately 2,500 square feet of the third floor at 1 and 7 Jefferson Street Building, Roanoke, Virginia, bearing Official Tax Map Nos. 1010507 and 1010508 for a term of one (1) year renewable annually. Western Virginia Workforce Development Board will pay a portion of the cost for custodial services as rent, and as more particularly described in the City Council Agenda Report dated September 5, 2023. Such lease shall be substantially similar in form to the lease attached to such report, and approved as to form by the City Attorney. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. - ROANOKE CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: September 5, 2023 Subject: Approval of a Lease Agreement between the City of Roanoke and the Western Virginia Workforce Development Board for the 1 and 7 Jefferson Street Building. Background: The Western Virginia Workforce Development Board serves as a conduit for matching individuals seeking employment with businesses needing workers. The Board oversees the region's one-stop system of workforce centers, which provide a variety of services to businesses and individuals including job matching, career counseling and educational training resources. The Board also develops and implements a comprehensive regional workforce development strategy to meet the needs of new and existing employees, determines the needs for and assists in the development of appropriate employment training, works with economic development professionals in recruiting new business and retaining existing employers by providing current data on the state of the local workforce and the employee pipeline, and advises local officials on trends and events affecting the workforce system. Considerations: The City of Roanoke acquired the building at 1 and 7 Jefferson Street (Official Tax Map Nos. 1010507 & 1010508) in February 2022 and the previous office tenant has vacated the property as of February 2023. The City has begun to operate the building as municipal office space, with the relocation of the Homeless Assistance Team (HAT) offices into the first and second floor and the location of the Small Business Development Council (SBDC) into a portion of the first and third floor. The proposed lease would open up approximately 2,500 square feet of the third floor for use by the Western Virginia Workforce Development Board. Recommended Action: Approve the terms of the Lease Agreement between the City and the Western Virginia Workforce Development Board, as set forth in the attachment to this report; authorize the City Manager or his designee to execute such Lease Agreement and to execute such other documents and to take such further actions as may be necessary to lease the Property and to implement, administer, and enforce such Lease Agreement, with the forms of such Lease Agreement and any other documents to be approved as to form by the City Attorney. Distribution: Marc Nelson, Economic Development Director Laura M. Carini, Senior Assistant City Attorney W. Brent Robertson, Assistant City Manager/Director of Finance Angela O'Brien, Assistant City Manager IN THE COUNCIL OF THE CITY OF ROANOKE,VIRGINIA The 5th day of September 2023. No. 42758-090523. A RESOLUTION reappointing a Director of the Economic Development Authority of the City of Roanoke to fill a four(4) year term on the Board of Directors. WHEREAS, the Council is advised that the term of office of Braxton G. Edward Naff, a Director of the Economic Development Authority of the City of Roanoke, Virginia, will expire October 20, 2023; and WHEREAS, Sec.15.2-4904, Code of Virginia (1950), as amended, provides that appointments made by the governing body of such Directors shall,after initial appointment,be made for terms of four (4) years. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Braxton G. Edward Naff is hereby reappointed as a Director on the Board of Directors of the Economic Development Authority of the City of Roanoke,Virginia, for a term of four(4)years commencing October 21, 2023, and expiring October 20, 2027. ATTEST: City Clerk. & ° 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: clerkCroanokeva.gov CECELIA T.WEBB,CMC CECELIA F.MCCOY,CMC Deputy'City Clerk City Clerk RUTH VISUETE PEREZ Assistant Deputy City Clerk September 6, 2023 Braxton Naff 3651 Brymoor Road, S. W. Roanoke, Virginia 24018 Dear Mr. Naff: I am enclosing copy of Resolution No. 42758-090523 reappointing you as a Director of the Economic Development Authority of the City of Roanoke for a four-year term of office ending October 20, 2027. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, September 5, 2023. Enclosed you will find a Certificate of your reappointment and two copies of an Oath or Affirmation of Office form. Below are the next steps: 1. Please take both copies of the form to the Clerk of the Circuit Court of the City of Roanoke to have the oath administered. It is located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W.The Clerk of the Circuit Court office will keep a copy on file. 2. Please request from the Clerk of Circuit Court to send one copy of the Oath or Affirmation of Office form to the City Clerk's Office. The Oath or Affirmation of Office form must be completed prior to serving in the capacity to which you were reappointed. The deadline to submit your oath is September 30, 2023. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act (transmitted via email). 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 to serve the City of Roanoke as a member of the Economic Development Authority. Sincerely, m� ete_ Vi e' �I Cecelia F. McCoy, CMC City Clerk Enclosures pc: Harwell M. Darby, Jr., Secretary, Economic Development Authority, Glenn, Feldmann, Darby &Goodlatte, 37 Campbell Avenue, S. W., Roanoke, Virginia 24011 COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Cecelia F. McCoy, 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 fifth day of September 2023, BRAXTON NAFF, was reappointed as a member of the Economic Development Authority for a four-year term of office, commencing October 21, 2023 and ending October 20, 2027. Given under my hand and the Seal of the City of Roanoke this sixth day of September 2023. et-c-dt;fr .1: (024-61- City Clerk 44 ° 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: clerkCroanokeva.gov CECELIA T.WEBB,CMC CECELIA F.MCCOY,CMC Deputy City Clerk City Clerk RUTH VISUETE PEREZ Assistant Deputy City Clerk September 6, 2023 Mary Blair Celli 1011 Winona Avenue, S. W. Roanoke, Virginia 24015 Dear Ms. Celli: At a regular meeting of the Council of the City of Roanoke which was held on Tuesday, September 5, 2023, you were appointed as a member of the Youth Services Citizen Board to replace Angela Wimberly for a term of office ending June 30, 2026. Enclosed you will find a Certificate of your appointment and two copies of an Oath or Affirmation of Office form. Below are the next steps: 1. Please take both copies of the form to the Clerk of the Circuit Court of the City of Roanoke to have the oath administered. It is located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W.The Clerk of the Circuit Court office will keep a copy on file. 2. Please request from the Clerk of Circuit Court to send one copy of the Oath or Affirmation of Office form to the City Clerk's Office. The Oath or Affirmation of Office form must be completed prior to serving in the capacity to which you were appointed. The deadline to submit your oath is September 30, 2023. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act (transmitted via email). 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." 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 Youth Services Citizen Board. Sincerely, r4 6t. -1--t;4f Cecelia F. McCoy, CMC City Clerk Enclosures pc: Angie O'Brien, Assistant City Manager, Youth Services Citizen Board, with application COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Cecelia F. McCoy, 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 fifth day of September 2023, MARY BLAIR CELLI, was appointed as a member of the Youth Services Citizen Board to replace Angela Wimberly for a term of office ending June 30, 2026. Given under my hand and the Seal of the City of Roanoke this sixth day of September 2023. 6e.e.dt; Cf)24- City Clerk