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HomeMy WebLinkAboutCouncil Actions 09-09-91BOWERS (30691) REGULAR WEEKLY SESSION .... ROANOKE CITY COUNCIL September 9, 1991 7:30 p.m. AGENDA FOR THE COUNCIL Call to Order -- Roll Call. Mrs. Bowles was absent. The invocation will be delivered by The Reverend Walter L. Wood, Jr., Pastor, New Life Temple Pentecostal Holiness Church. Present. The Pledge of Allegiance to the Flag of the United States of America will be led by Mayor Noel C. Taylor. PUBLIC HEARINGS Public hearing on the request of Ms. Mary Louise Stotler that a portion of Gregory Avenue, N. E., between Cherokee Street and Rhodes Avenue, be permanently vacated, discontinued and closed. Mr. David C. Helscher, Attorney. Adopted Ordinance No. 30691 on fi~st ~eadlng. (6-0) Public hearing on the request of Sheet Metal Workers' Local Union 100 Apprenticeship Fund of the Roanoke Area that three parcels of land lying on the southeast corner of the intersection of Dale Avenue and 21st Street, S. E., known as 2101 Dale Avenue, S. E., and designated as Official Tax Nos. 4310901, 4310903 and 4310904, be rezoned from RM-2, Residential Multi-Family, Medium Density District, to C-1, Office District, subject to certain conditions proffered by the petitioner. Mr. Donald L. Wetherington, Attorney. Adopted Ordinance No. 30692 on first reading. (6-0) CONSENT AGENDA (APPROVED 6-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COUNCIL AND WILL BE 1 C-1 ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. Minutes of the special meeting of Council held on Thursday, May 2, 1991; the Personnel Committee meeting held on Thursday, May 2, 1991; the special meeting held on Monday, May 6, 1991; the regular meetings held on Monday, May 6, 1991; Monday, May 13, 1991; Monday, May 20, 1991; the special meeting held on Thursday, May 23, 1991; and the regular meeting held on Tuesday, May 28, 1991. C-2 RECOMMENDED ACTION: Dispense with the reading thereof and approve as recorded. A communication from Mayor Noel C. Taylor requesting an Executive Session to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. C-3 RECOMMENDED ACTION: Concur in request for Council to convene in Executive Session to discuss vacancies on various authorities, boards, commissions and committees appointed by Couneli, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. A report of the City Manager requesting an Executive Session to discuss acquisition of real property for public purpose and specific legal matters requiring the provision of legal advice by Counsel, specifically acquisition of certain real estate interests needed for the Roanoke River Flood Reduction Project, pursuant to Sections 2.1-344 (A)(3) and 2.1-344 (A)(7) Code of Virginia (1950), as amended. ' C-4 C-5 RECOMMENDED ACTION: Concur in request for Council to convene in Executive Session to discuss acquisition of real property for public purpose and specific legal matters requiring the provision of legal advice by Counsel, specifically acquisition of certain real estate interests needed for the Roanoke River Flood Reduction Project, pursuant to Section 2.1-344 (A)(3) and 2.1- 344 (A)(7), Code of Virginia (1950), as amended. A report of the City Manager in response to concerns expressed by Ms. Renee Evans regarding a drainage ditch located at the rear of her property at 4513 Old Mountain Road, N. E. RECOMIVIENDED ACTION: Receive and file. A report of the City Manager with regard to a communication from 2 Council Member David A. Bowers relating to an allocation of funds by the City in connection with the Private Rehabilitation Loan Program. RECOMMENDED ACTION: Receive and file. C-6 A communication from Mr. Lex P. Gibson tendering his resignation as a member of the Special Events Committee. RECOMMENDED ACTION: Receive and file the communication and accept the resignation with regret. C-7 A list of items pending from July 10, 1978, through August 26, 1991. RECOMMENDED ACTION: Receive and file. C-8 Qualification of Ms. Rochelle S. Nolan as a member of the Roanoke Public Library Board for a term ending June 30, 1994. RECOMMENDED ACTION: Receive and file. C-9 Qualification of Mr. William C. Holiand as a member of the Advisory Board of Human Resources for a term ending November 30, 1994. RECOMMENDED ACTION: Receive and file. C-10 Qualification of Mr. J. Lee E. Osborne as a member of the Fifth Planning District Commission for a term ending June 30, 1994. RECOMMENDED ACTION: Receive and file. Request of the City ManAger for an Executive Session to discuss acquisition and disposition of real property fop public purposes, pursuant to 12.1-344(A) (3), Code of Vh'~iniA (1950), as amended, and to discuss specific legal matters requiring the provision of legal advice by counsel pursuant to §2.1-344(A)(7), specifically being the terms and conditions of various ~ments and related legal documents, all in connection with The Hotel Roanoke Project. Concur, ed in the ~equest. REGULAR AGENDA Hearing of Citizens Upon Public Matters: None. Petitions and Corem,re!cations: Reports of Officers: a. None. City Manager: Briefings: None. Items Recommended for Action~ A report with regard to installation of pedestrian crosswalk improvements on Salem Turnpike, N. W. Concurred in the recommendation. A report recommending execution of a Grant Agreement with the Virginia Department of Housing and Community Development in order to receive grant funds under the Emergency Home Repair Program, in the amount of $16,350.00; execution of an agreement with Total Action Against Poverty in the Roanoke Valley, Inc., for cooperative administration of the Emergency Home Repair Program; and appropriation of funds therefor. Adopted OrdinAnce No. 30693-90991 and Resolution No. 30694- 90991. (5-0, Council Member White abstained from voting. ) A report recommending execution of a Contract for Services with the Roanoke Valley Trouble Center, Inc. (TRUST), to provide coordination and technical assistance to the Roanoke Drug and Alcohol Abuse Council; and transfer of funds therefor. Adopted OrdinAnce No. 30695-90991 and Resolution No. 30696- 90991. (6-0) o A report recommending appropriation and transfer of funds with regard to six additional positions which were funded for the Department of Social Services by the State Department of Social Services. Adopted OrdinAnce No. 30697-90991. (6-0) A report recommending award of an engineering services reimbursement, with cost ceiling contract, to Dewberry & Davis, in the amount of $1,072,816.00, to provide design services in connection with Carvins Cove Improvements, Phase II; and appropriation of funds therefor. Adopted Orellnn,lee No. 30698-90991 and Resolution No. 30699- 90991. (6-0) 6. A report recommending acceptance of additional funds, in the amount of $167,847.51, from the U. S. Department of Justice in connection with the Forfeited Property Sharing Program. Adopted Ordin~.e No. 30700-90991. (6-0) City Attorney: A report transmitting a measure supporting continuation of the Community Development Block Grant Program with appropriate increases in funding. 4 e Adopted Resolution No. 30701-90991. (6-0) Reports of Committees: None. Unfinished Business: None. Introduction and Consideration of O~in,,,mes and Resolutions: a. Ordinance No. 30677, on second reading, authorizing the Northwest Recreation Club to construct a permanent structure at Westside Elementary School bailfield, upon certain terms and conditions. Adopted OrdinArlee No. 30677-90991. (6-0) b. Ordinance No. 30681, on second reading, authorizing the appropriate City officials to enter into a written amendment to the Lease Agreement dated August 1, 1989 with Virginia Polytechnic Institute and State University, for premises located at 111-117 Church Avenue, S. W. upon certain terms and conditions. ' Adopted Ordinance No. 30661-90991. (6-0) c. A Resolution cancelling the meeting of the Council of the City of Roanoke scheduled for Monday, October 7, 1991, at 2:00 p.m. Adopted Resolution No. 30702-90991. (6-0) d. A Resolution designating a Voting Delegate and Alternate Voting Delegate for the Annual Business Session of the Virginia Municipal League and designating a Staff Assistant for any meetings of the Urban Section of the League. Adopted Resolution No. 30703-90991. (6-0) Motions and Misceii~neeus Business: Inquiries and/or comments by the Mayor and Members of City Council. The City Man~rer was requested to investigate the feasibility of relocating the loud speakers at Victory Stadium and associated costs. Vacancies on various authorities, boards, commissions and committees appointed by Council. 10. Other Hearings of Citizens: Certification of Executive Session. (6-0) Appointed the following persons: Caroline M. Brewn - Roanoke Public Library Board Willi,*,U R. Reid - Vir~ni~ Western Community College Board MINUTES CONSIDERED AT THIS COUNCIL MEETING MAY BE REVIEWED ON LINE IN THE "OFFICIAL MINUTES" FOLDER, OR AT THE CITY CLERK'S OFFICE Noel C. ~aylor Mayor Howard E. Musser Vice-Mayor CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 September 9, 1991 Council Members: David A. Bowers Elizabeth T. Bowles Beverly T. Fitzpatrick, Jr James G. Harvey, II William White, Sr. The Honorable Vice-Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: I wish to request an Executive Session to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1- 344 (A) (1), Code of Virginia (1950), as amended. NCT:se Sincerely, Roanoke, Virginia September 9, 1991 RECEIVED CiTY CL ?~':S '91 ~-3 P4:54 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: I request an Executive Session to discuss acquisition of real property for public purpose and specific legal matters requiring the provision of legal advice by Counsel, specifically acquisition of certain real estate interests needed for the Roanoke River Flood Reduction Project, pursuant to Sections 2.1-344(A)(3) and 2.1-344(A)(7) of the Code of Virginia (1950), as emended. Respectfully submitted, W. Robert Herbert City Manager WRH:KBK:afm cc: City Attorney Director of Finance September 11, 1991 File #27-66 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: Your report with regard to concerns expressed by Ms. Renee Evans regarding a drainage ditch located at the rear of her property at 4513 Old Mountain Road, N. E., was before the Council of the City of Roanoke at a regular meeting held on Monday, September 9, 1991. On motion, duly seconded and adopted, the report was received and filed. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: ra pc: Ms. Renee Evans, 4513 Old Mountain Road, N. E., Roanoke, Virginia 24019 Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer RECEtYED CITY CL?xS ?~:FiOE ~'~ ~[P -5 ~f the City Manager September 9, 1991 Honorable Mayor Noel C. Taylor and Members of City Council Roanoke, Virginia Dear Mayor Taylor and Council Members: Subject: Ms. Renee Evans, 4513 Old Mountain Road, N. E., Drainage At your meeting on Monday, August 26, 1991, Council referred to the City administration a letter dated August 22, 1991, from Ms. Renee Evans regarding a drainage ditch at the rear of her property. Ms. Evans is the owner of a 2.0 acre tract of land on Old Mountain Road. The depth of the property is in excess of 400 feet and it slopes downhill from Old Mountain Road to a natural ditch along the rear property line. The Monterey Hills Subdivision is behind Ms. Evans property and shares this natural ditch line as a common boundary. The ditch is normally dry, and shows the amount of erosion expected from periodic storm water flowing over unprotected earth. At the present time, the City Engineering Department has on file 31 neighborhood storm drainage projects which would cost in excess of $3,600,000 to construct. Enclosing the ditch line at the rear of Ms. Evans' property and downstream through Old Monterey Golf Course to Tinker Creek would cost approximately $200,000. This project only affects undeveloped land and is not a hazard to people or structures. Thus, its ranking on our priority list of known projects is relatively low. We monitor the projects on our list periodically to determine if rankings should be changed. If Council members have questions regarding this matter, I would be pleased to respond with further details. WRH:WFC:pr Respectfully, W. Robert Herbert City Manager CC: Ms. Renee Evans, 4513 Old Mountain Road, N. E. Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Room 364 Municipal Building 215 Church Avenue, S.W, Roanoke, Virginia 24011 (703) 981-2333 MARY F. pARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W.. Room 456 Roanoke. VL-ginia 24011 Telephone: (703)981-2541 September 11, 1991 File #178-236 SANDRA H. F..AI~N Deputy City Clerk Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: Your report with regard to a communication from Council Member David A. Bowers relating to an allocation of funds by the City for the Private Rehabilitation Loan Program, was before the Council of the City of Ro~.noke at a regular meeting held on Monday, September 9, 1991. On motion, duly seconded and adopted, the report was received and filed. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:ra pc: Mr. Herbert D. McBride, Executive Director, Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017 Mr. John C. Asbury, Assistant Vice President, Sovran Bank, P. O. Box 14111, Roanoke, Virginia 24022 RECEr~ED CITY CL?<S '91 sEP-5 P 2:08 Office of the City Manager September 9, 1991 Honorable Mayor and Members of City Council Roanoke, Virginia 24011 Dear Mayor and Members of City Council: Subject: Private Rehabilitation Loan Program As a result of a recent newspaper article which reported that the City had "scrapped" the above noted program, City Council concurred in a request by Councilman Bowers to have this matter reviewed by me with a report back to City Council. Firstly, let me state that I, too, was surprised to learn from a quotation of one of the RRHA's top administrators of the City's future intent regarding this program. In my regular meetings with Mr. McBride, before and after Council adoption of the FY 91-92 CDBG budget, concerns about this program were never brought to my attention. Secondly, my decision to recommend that we delay funding of the program until the latter part of this year was based upon a severe decline in the program's use which, understandably, was due to trends in the national economy. As noted on the attached status report, as of .June, 1991, only $294,200, or about half, of the $605,000 bond issue had been committed. At the time the CDBG budget was put together, only $173,000 of the $605,000 had been committed. The bond issue expired on August 31, 1991. In terms of meeting the mortgage financing needs of low/moderate income persons, there are several programs available today that were not available in 1982 when the subject program was started. The newer programs are very similar in terms of credit requirements and interest rates. These programs are offered through various state agencies and have come about with considerable input from your staff, TAP, and the RRHA. Finally, I have spoken with Mr. John Asbury of Sovran Bank who represents the lenders who purchase the RRHA bonds for the subject program. We have agreed that the City staff and the lenders will revisit the program in October/Novem- ber to determine the timing of the next bond issue and to identify a source of funds to meet the loan loss reserve requirements and pay the expenses associated with the issuance of the bonds. Mr. Asbury fully understands that it was never the City's intent to "scrap" the program and he has acknowledged that our funding strategy is consistent with the slow performance of the program this past year. Room 364 Municipal Building 215 Church Avenue, 5.W. Roanoke, Virginia 24011 (703) 981-2333 Honorable Mayor and Members of City Council Page Two September 9, 1991 I am pleased that Council has given me the opportunity to respond to this very important community development matter. Respectfully submitted, W. Robert Herbert City Manager WRH:EBRJr:mp pc: Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. Herbert D. McBride, Executive Director, RRHA Mr. John C. Asbury, Assistant Vice President, Sovran Bank RECEIVED Office of Granfs Compliance ,JUL 20 1991 MORTGAGE REVENUE BOND PROGRAM STATUS Total Dollars for Loa,s -$6,110,000.00 Total Dollars Expended - $5,210,242.00 1I. CDBG Investment bv Year 1982 - $ 90,000 1983 - 80,000 1984- 80,000 1985- 60,000 1986 - 60,000 1987 - 60,000 1988- 60,000 1989- 30,000 1990- 30000 550,000 1. Highland 2. Morning.~ide 3. Hurt Park 4. Belmont 5. Harrison 6. Melrose 7. Gihner 8. Fallon 9. Kenwood 10. Gainsboro 11. Loudon 12. Ci~ywide Previous Totals 1989 1990 53 + 3 + 1 23 + 4 + 0 16 + 0 + 0 19 + I 4- 3 12 + 1 + 1 12 + I + 2 5 + 0 + 0 6 + 0 + 0 8 + 0 + 1 1 + I + 0 I + 0 + 1 12 + ..2 + 4 168 18 13 Totals 57 27 16 23 14 15 5 6 9 2 2 199 IV. 1982-$ 900.000- $ 1983 - 800,000 - 1984 - 800,000 - 1985 - 60~000 - 1986 - 600,000 - 1987 - 600.000 - 1988 - 600,000 - 1989 - 605.000- 1990 - 605,000- 6,110,000 444,150 - Rehab Only 800,000 - Pur/Rehab 784,661 - Pur/Rehab 581,050 - Pur/Rehab 600,000 - Pur/Rehab $97,836 - Pur/Rehab 596,095 - Pur/Rehab 512,250- Pur/Rehab 294,200 - Pur/Rehab (To date) 5,210,242 Dollars Per Year in IRS Target Areas - (Census Tract) Census Tract 7, 10. 11 and 12 Total CT % 1982 - $444,150 - $385,850 - 87 1983 - 800,000- 468,000 - 59 1984 - 784,661 - 484,100- 62 1985 - 577,200- 301,760 - 52 1986 - 600,000- 333,950 - 56 1987 - 597,836 - 256.770 - 43 1988 - 596,095. 93,350- 16 1989 - 605,000- 103,200 - 17 1990- 605.000- 26,250- 4 $6,110,000 - $2,453,230 = 40% ~o ooo ~§ ~ F. PARLOR City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (70:3)981-2541 September 11, 1991 File #87 ~dqDRA H. FAKIN Deputy Ciw Clerk Mr. Lex P. Gibson 3404 Courtland Road, N. W. Roanoke, Virginia 24012 Dear Mr. Gibson: Your communication tendering your resignation as a member of the Special Events Committee, was before the Council of the City of Roanoke at a regular meeting held on Monday, September 9, 1991. On motion, duly seconded and adopted, the communication was received and filed, and your resignation was accepted with regret. The Members of Council requested that I express their sincere appreciation for the many services you have rendered to the City of Roanoke as a member of the Special Events Committee. Please find enclosed a Certificate of Appreciation issued by the Mayor on behalf of the Members of the Roanoke City Council. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: va Eric. pc: Mr. James C. Butler, Chairman, Special Events Committee, 375 Elm Avenue, S. W., Roanoke, Virginia 24016 Mr. E. Laban Johnson, Special Events Coordinator Pending Referral Dat~ 7/10/78 7/9/90 8/27/90 2/4/91 2/11/91 2/25/91 3/4/91 Items from July 10, ~eferred To City Manager City Manager Director of Finance City Manager City Manager Architectural Review Board City Manager City Manager School Administration 1978, through August 26, 1991. Item Recon~nendation No. 11 contained in the Mayor's 1978 State of the City Message. (Development of a hotel on Mill Mountain.) Matter with regard to the Pay Plan for Roanoke City employees. Request to investigate the feasibility of instituting a "Adopt-A-Program, ,, an arrangement whereby businesses could fund a specific City program for a certain period of time. Matter with regard to placement of banners and flags in the downtown area of the City, as well as tourism signs for downtown Roanoke. Request to review Section 36.1-345(b) of the City Code and after conducting a public hearing on the matter, to submit a report and recommendation to Council with regard to clarification of the language contained therein. Request for a briefing with regard to the City's program relating to Small and Minority Business Development. Request to submit a joint report to Council and the School Board relative to the three schools proposed to be renovated after Forest Park Elementary School renovations have been completed to determine if there remains a need to renovate said facilities as elementary schools. (Note: See City Pending Items from July 10, Referral Date R~eferred to 3/4/91(continued) 1978, 3/25/91 Director of Real Estate Valuation 4/8/91 City Manager 5/13/91 City Manager 1992-93 Budget Study 5/13/91 City Manager 5/13/91 City Attorney 5/20/91 City Manager 2 through August 26, 1991. Item Manager's communication under date of March 22, 1991, Suggesting that the study process on the matter begin in July, 1991; and City Manager's communication to Dr. Tota under date of August 26, 1991, requesting a response to certain questions by September 16, 1991.) Request to submit a report to Council with regard to an assessment of property located in the Shaffers Crossing area of the City. Matter with regard to rental fees proposed to be charged by the Department of Parks and Recreation for use of City recreation facilities. Request to confer with the City's Pay Plan consultant with regard to salaries for certain positions which appear to be out of line with comparable positions in the Pay Plan. Request to investigate the feasibility of retaining a consultant to review areas of joint cooperation where the City and the school system could combine activities in an effort to save money. Request to obtain information with regard to a Sales Tax Rebate Program. (See City Attorney,s communication under date of May 17, 1991, to the Honorable David A. Bowers.) A communication from the Honorable W. Alvin Hudson, Sheriff, with regard to Overcrowding of the City Jail. Pending Referral Dat~ 5/28/91 6/17/91 8/12/91 8/12/91 Items from July 10, R~eferred To City Manager City Attorney City Manager City Manager 1978, through August 26, 1991. I_tem A communication from Council Member David A. Bowers requesting consideration of a proposal to allow a real estate property tax rebate for developers or homeowners who build single family residences on inner-city vacant lots. A communication from Mr. Edward S. Grand/s, Attorney, representing Mr. John P. Cone, Jr., advising of his client's appeal to the Circuit Court of the City of Roanoke, in Connection with Council, s denial of a petition to appeal a decision of the Architectural Review Board regarding an application for a Certificate of Appropriateness for property located at 526 Mountain Avenue, S. W. Mayor's 1991 State of the City Recon~endation No. ] that the City of Roanoke make an all-out effort and call upon its citizens to volunteer with reading programs to assist those persons who are unable to read. Mayor's 1991 State of the City Reconmlendation No. 2 that the City continue to emphasize the establishment of jobs for its citizens, and to assure that education and training programs are in place that will prepare all citizens for meaningful work within their capabilities. Pending Items from July 10, 1978, through August 26, 1991. Referral Date Referred To Item 8/12/91 City Manager Mayor's 1991 State of the City Recommendation No. 3 to establish a committee to report back to Council before the end of the year as to whether the Roanoke area has adequate facilities and support to compete in an even greater way in the area of attracting amateur sporting events to the Roanoke Valley. 8/12/91 City Manager Director of Finance Mayor's 1991 State of the City Recommendation No. 4 that the necessary steps be taken to reduce the real estate tax rate from $1.25 per $100.00 of assessed value to $1.20 per $100.00 of assessed value during the next five years. 8/12/91 City Manager Mayor's 1991 State of the City Recommendation No. 5 to provide employees of Roanoke City Government and the Roanoke City School System with a salary increase during fiscal year 1992-93. 8/12/91 William White, Sr., Chairman Kit B. Kiser William F. Clark Bids for neighborhood storm drain projects with segments at Walnut Avenue Bridge, Fleming Avenue, N. W., and Plantation Road, N. E. 8/12/91 City Manager City Planning Commission Request of the Wright- Creston-Rosewood Association that Creston Avenue and Rosewood Avenue, S. W., rights- of-way be barricaded by way of traversable barricades across Creston Avenue at the intersection of Strother Road and Creston Avenue, and across Rosewood Avenue southeast of its intersection with Sweetbriar Avenue. 4 Pending Items from July 10, Referral Date Referred To 8/12/91 City Manager City Attorney 8/26/91 8/26/91 City Manager City Manager 1978, to August 26, 1991. Item Remarks of Mr. Ted H. Key, Director of the Northwest Revitalization Corporation, with regard to consideration of a measure prohibiting the owners of motels or other living facilities from renting rooms to the general public when other portions of the same facility are being used by prisoners on work release, parole or half-way house. Matter with regard to cruising on Williamson Road, N. W. Matter with regard to certain proposed revisions by Ms. Dottle Sink to the Ordinance regulating the number of cats per household. 5 MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, $.W., Room 456 Roanoke, ~qrginia 24011 Telephone: (703)981-2541 September 11, 1991 File #323 SANDRA H. F-AKIN Deputy City Clerk Dr. Frank J. Eastburn, Chairman Roanoke Public Library Board 1810 Denniston Avenue, S. W. Roanoke, Virginia 24015 Dear Dr. Eastburn: This is to advise you that Ms. Rochelle S. Nolan has qualified as a member of the Roanoke Public Library Board for a term ending June 30, 1994. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: ra pc: Ms. Beverly A. Bury, City Librarian COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council held on the twelfth day of August, 1991, ROCHELLE S. NOLAN was appointed as a member of the Roanoke Public Library Board for a term ending June 30, 1994. Given under my hand and the Seal of the City of Roanoke this twentieth day of August, 1991. City Clerk MARY F. PARKER Ciw Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke. Virginia 24011 Telephone: (703)981-2541 September 11, 1991 File //72 SANDRA H. F. AKIN Deputy City Clerk The Reverend Frank W. Feather, Chairman Advisory Board of Human Resources 3858 Green Spring Avenue, S. W. Roanoke, Virginia 24017 Dear Reverend Feather: This is to advise you that Mr. William C. Holland has qualified as a member of the Advisory Board of Human Resources for a term ending November 30, 1994. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: ra pc: Mr. James D. Ritchie, Director of Human Resources COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council held on the twelfth day of August, 1991, WILLIAM C. HOLLAND was appointed as a member of the Advisory Board of Human Resources for a term ending November 30, 1994. Given under my hand and the Seal of the City of Roanoke this twentieth day of August, 1991. City Clerk MAgY F. PARKER City Clerk CITY OF ROANOKe. OFFICE OF THE CITY CLERK 215 Church Avenue, S.W. Room 456 Roanoke, Virginia 24011 Telephone: (703)981-2541 September 11, 1991 File #200 FO~IDRA H. ~ Deputy City Clerk Mr. Wayne G. Strickland Executive Director Fifth Planning District Commission P. O. Box 2569 Roanoke, Virginia 24010 Dear Mr. Strickland: This is to advise you that Mr. J. Lee E. Osborne has qualified as a member of the Fifth Planning District Commission for a term ending June 30, 1994. Sincerely, Mary F. parker, CMC/AAE City Clerk MFP: ra COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council held on the twelfth day of August, 1991, J. LEE E. OSBORNE was appointed as a member of the Fifth Planning District Commission for a term ending June 30, 1994. Given under my hand and the Seal of the City of Roanoke this twentieth day of August, 1991. City Clerk CITY ~ ~r-'-~"~ ~;:: ~!ijE P-9 P4:15 Office of the City Manager September 9, 1991 The Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: Re: Re~uest~or Executive Session This is to request that City Council convene in Executive Session to discuss acquisition and disposition of real property for public pur- poses pursuant to §2.1-344(A)(3), Code of Virginia (1950), as amended, and to discuss specific legal matters requiring the provision of legal advice by counsel pursuant to §2.1-344(A)(7), specifically being the terms and conditions of various agreements and related legal documents, all in connection with the Hotel Roanoke Project. Very truly yours, W. Robert Herbert City Manager WRH:f cc: Mary F. Parker, City Clerk Wilburn C. Dibling, Jr., City Attorney Room 364 Muniopal Building 215 Church Avenue 5W Roanoke, Virginia 24011 (703) 981 23(33 · LM~g F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S.W.. Room 456 Roanoke, V'h-g/nia 24011 Telephone: (703)981-2541 September 11, 1991 File #20 ~tNDl~. H. EAltlN Deputy City Clerk Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: Your report with regard to installation of pedestrian crosswalk improvements on Salem Turnpike, N. W., was before the Council of the City of Roanoke at a regular meeting held on Monday, September 9, 1991. On motion, duly seconded and adopted, the report was received and filed. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: ra pc: Mr. Herbert D. McBride, Executive Director, Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017 Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Mr. George C. Snead, Jr., Director of Administration and Public Safety Mr. Barry L. Key, Manager, Office of Management and Budget REdE vED "91 SEP -4 Al! :37 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: SUBJECT: PEDESTRIAN CROSSWALK IMPROVEMENTS ON SALEM TURNPIKE, N.W. I. Background: Roanoke, Virginia September 9, 1991 Salem Turnpike~ N.W. is marked with a pedestrian crosswalk between the Melrose Branch Library and the Lansdowne Housing neighborhood. The crosswalk consists of two parallel lines with additional crosshatched markings for added emphasis, as well as signs to warn motorists of the pedestrian crossing. Pedestrians, particularly the residents of Lansdowne Housing, cross Salem Turnpike for access to Forest Park School, Melrose Branch Library, and the 4.2 acre field adjacent to the library. Plans are underway at the RRHA to grade this field within the next several months for use as a playground/recreation area. Included in this plan is a "tot lot" intended to serve at least 75 children between the ages of 3 and 5 who are located at the day care center on the opposite side of Salem Turnpike, N.W. It is expected that these children will cross in groups, under supervision, at least four to six times per day. Salem Turnpike, N.W. carries approximately 10,000 vehicles per day. The roadway is 40 feet wide at this location, with a 35 mile per hour speed limit. II. Current Situation: ae Letter dated July 10, 1991 (copy attached) from Councilman David A. Bowers on behalf of the Board of Commissioners of the Roanoke Redevelopment and Housing Authority (RRHA) requests installation of a blinking walk/don't walk light or other safety device for the pedestrian crossing area on Salem Turnpike, N.W. Page 2 Improvements currently planned for implementation within the next three (3) months include: 1. Restripe existing crosswalk. 2. Reduce the enforceable speed limit from 35 mph to 30 mph between 24th Street and 30th Street, N.W. 3. Add one (1) street light to an existing APCO pole 100 feet west of the crosswalk (an APCO pole located 100 feet east of the crosswalk presently has one streetlight). 4. Representative from the Roanoke City Police Department will meet with the staff of the day care center to provide traffic safety information to those responsible for assisting the children across Salem Turnpike to utilize the "tot lot" being planned by the RRHA. III. Issues: A. Pedestrian Safety B. Cost C. Application D. Timinq IV. Alternatives: Install hazard beacons (flashinq liqhts) on advance poles supplemented with pedestrian signage and advisory 25 mph speed limit signs. 1. Pedestrian safety is comprehensively addressed. Hazard beacon would flash 24 hours a day, thereby providing motorists with added warning of pedestrians. 2. Cost to install is estimated at $10~000. Funds are available in the Traffic Signals - General Account No. 008-052-9560-9001. 3. Application of hazard beacons at this location could be considered appropriate based upon it being a mid-block crosswalk and to supplement advance warning signs in advance of an area requiring greater than normal care by the average driver. For this crosswalk area, the Police Department receives an unusually high number of complaints regarding motorist disregard for pedestrians. Page 3 The only other crosswalk in the City of Roanoke that has hazard beacons is on Colonial Avenue at Virginia Western Community College. 4. Timinq for installation of these flashers is approximately 6 months (of which 3 to 4 months requires waiting on delivery of materials). Install school crossinq flasher with 25 mile per hour speed limit when flashing. 1. Pedestrian safety is addressed for children walking to and from Forest Park Elementary School during school opening and closing times. Safety of other pedestrians during other hours of the day are not enhanced by these flashers. 2. Cost of installation is estimated at $5t500. 3. Application of school crossing flasher has been studied and determined appropriate for this location. 4. Timinq for installation of these flashers is 6 months (of which 3 to 4 months requires waiting on delivery of materials). C. Install pedestrian actuated traffic siqnal. DJ 1. Pedestrian safety is comprehensively addressed. Pedestrians would cross with walk light while motorists would stop for a red light. 2. Cost to install is estimated at $50~000. 3. Application of traffic signal installation has been studied and found to not meet the warrants for signalization found in the Manual on Uniform Traffic Control Devices. 4. Timing for installation of this signal is 9 to 12 months. Do nothinq in addition to other improvements identified in part II.D. of this report. Page 4 1. Pedestrian safety would continue to be provided for at the minimum level. 2. Cost is not an issue. 3. ADplication is not an issue. 4. Timinq is not an issue. WRH/RKB/fm cc: Recommendation is that City Council concur in Alternative A which provides for installation of flashing lights on advance poles with appropriate signage. Respectfully submitted, W. Robert Herbert City Manager City Attorney Director of Finance Director of Public Works Director of Administration & Public Safety City Engineer Office of Management & Budget Herbert D. McBride, Executive Director, RRHA Noel C. ~ylor Mayor Howard E. Musser Vice-M~yor CITc¥' ? I OKE CITY COUNCIL Telephone: (703) 981-2541 July 10, 1991 Honorable Mayor and Members of Roanoke City Council Roanoke, Virginia C-3 Council Members: David A~ Bowers Elizabeth T Bowles Beverly T Fitzpatrick, Jr. James G. Harvey, II W'flliam White, Sr. Dear Mrs. Bowles & Gentlemen: As your liaison to the Roanoke Redevelopment and Housing Authority, I have been asked by the Board of Commissioners to request the City's installation of a blink- ing walk/don't walk light or other safety device to be in- stalled on Salem Turnpike between the Landsdowne Housing neighborhood and the Melrose branch of the Roanoke Public Library. The Authority has an open field beside the library, which is across the street from the residential neighborhood. Obviously, children are inclined to cross that very busy street to visit the library or to play in the area which is soon to become a RRHA park. The Board of Commissioners has requested that this matter be referred by Council to the administration for an immediate response. Certainly, if we can find millions of dollars to improve the streetscape in other parts of the City, we should surely be able to find some funding for the installation of a safety device to protect children in the Landsdowne neighborhood. Although, I will not be in attendance at the reg- ular meeting of the City Council on Monday, July 22, 1991, I would respectfully request that this matter be placed on the consent agenda and thereafter referred to the City Manager for his report, recommendation and response back to Council by September 12, 1991. Thank you. DAB/jfk cc: Robert Glenn, Councilman Chairman for Board of Commissioners, RRHA ~ F. PARI~R City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W.. Room 456 Roanoke. Virginia 24011 Telephone: (703)981.2541 September 11, 1991 File #236-178-226 SANDRA H. F. AKIN Deputy City Clerk Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 30694-90991 authorizing you or your designee to execute a Grant Agreement with the Virginia Department of Housing and Community Development in connection with a grant of funds under the Emergency Home Repair Program; and authorizing you or your Xiesignee to execute an agreement with Total Action Against Poverty in Roanoke Valley, Inc., for cooperative administration of the Emergency Home Repair Pl~.gram, upon certain terms and conditions. Resolution No. 30694-90991 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 9, 1991. MFP:ra Eno. pc: SincerelY, Mary F. Parker, CMC/AAE City Clerk Mr. Theodore J. Edlich, III, Executive Director, Total Action Against Poverty, P. O. Box 2868, Roanoke, Virginia 24001 Mr. Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director of Public Works Mr. Rormld H. Miller, Building Commissioner/Zoning Administrator Mr. H. Daniel Pollock, Housing Development Coordinator Mr. Barry L. Key, Manager, Office of Management and Budget Ms. Marie T. Pontius, Grants Monitoring Administrator IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGIN2A, lhe 9th Day of September. 1991. No. 30694-90991. A RESOLUTION authorizing the City Manager or his designee to execute a Grant Agreement with the Virginia Department of Housing and Community Development in connection with a grant of funds under the Emergency Home Repair Program; authorizing the City Manager or his designee to execute an agreement with Total Action Against Poverty in the Roanoke Valley, Inc., for the cooperative administration of the Emergency Home Repair Program, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager or his designee is hereby authorized to execute a Grant Agreement with the Virginia Department of Housing and Community Development in connection with a grant of funds under the Emergency Home Repair Program, as more particularly set forth in the City Manager's report of September 9, 1991, to City Council. 2. The City Manager or his designee and the City Clerk are hereby authorized to execute and to seal and attest, respectively, an agreement with Total Action Against Poverty in the Roanoke Valley, Inc., providing for the cooperative administration of the Emergency Home Repair Program, as requested in the City Manager's report of September 9, 1991, to City Council. 3. The form of the aforesaid agreement and contract shall be approved by the City Attorney. ATTEST: City Clerk. MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S.W.. Room 456 Roanoke, Virg/nia 24011 Telephone: (703)981-2541 September 11, 1991 File #60-236-178-226 SANDi~, H. F-AKIN Deputy City Clerk Mr. Joel M. Sehianger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 30693-90991 amending and reordaihing certain sections of the 1991-92 G~ant Fund Appropriations, providing for acceptance of grant funds, in the amount of $16,350.00, under the Emergency Home Repair Program, and appropriation of State grant funds td certain accounts. Ordinance No. 30693-90991 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 9, 1991. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: va Enc. pc: Mr. W. Robert Herbert, City Manager Mr. William F. Clark, Director of Public Works Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator Mr. H. Daniel Pollock, Housing Development Coordinator Mr. Barry L. Key, Manager, Office of Management and Budget Ms. lV~rie T. Pontius, Grants Monitoring Administrator IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 9th Day of September, 1991. No. 30693-90991. AN ORDINANCE to amend and reordain certain sections of the 1991-92 Grant Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1991-92 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations community Development Emergency Home Repair Grant (1) ..................... $ 29,921 16,350 Revenue Community Development $ 29,921 Emergency Home Repair Grant (2) ..................... 16,350 1) Emergency Home Repair (035-052-5114-5168) 2) State Grant Revenue (035-035-1234-7106) $16,350 16,350 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this city Clerk Honorable Mayor and Members of Council Roanoke, Virginia ~E~CE~ED S~'pte~be? 9, 1991 91 EP-3 P4:53 Dear Members of Council: Subject: Execution of Agreements for State's Emergency Home Repair Program I. 13ackground Virginia General Assembly has appropriated $~3.75 million for the current biennium for various housing programs, most to be designed and administered by the Virginia Department of Housing and Community Development (DHCD). Emergency Home Repair Program is one such program, providing grant funds to make immediate emergency repairs to rental housing units occupied by low-income families/individuals. DHCD guidelines for the Program include: 1. Grant funds awarded by DHCD must be matched with at least an equal amount in cash, in-kind services, labor, etc. from other sources; Each housing unit may receive a maximum of $500 in grant funds from DHCD, or $1,000 if the repairs or improvements make the unit handi- capped accessible. C. City Council endorsed application for a $1#~000 grant award from DHCD for the Program on April 1~ 1991. Matching funds of $25,000 have been set aside within the City CDBG-funded Limited Critical Repair Program. Also, owners of rental property receiving repairs will contribute toward the cost of those repairs. II. Current Situation A. DHCD has notified the City that its grant application has been approved in the amount of $16,350 (Exhibit A). 3. Execution of the Grant Agreement with DI-ICD (Exhibit 13) to receive the funds ($16~350) and execution of a general contract with Total Action Against Poverty (TAP) (Exhibit C) are necessary in order to continue the Program. According to the terms of the general contract, TAP will: 1. assess tenant's income eligibility for the program; 2. perform the repair work necessary to avoid condemnation of the unit; 3. perform Weatherization repairs to the unit where appropriate, from lAP's Weatherization Program; #. receive a $300 administrative fee for each repair grant. This fee will come from the total allocation of funds to the Program. Additional administrative funds are not required. Page 2 September 9, 1991 Each repair grant requires execution of a contract between TAP as the repair contractor, and the property owner authorizing the repairs, agreeing not to increase the tenant's rent, and providing matching funds. Ili. Issues A. Impact on housing conditions. B. Consistency with the recommendations of the Housing Development Strategic Plan Task Force Report. C. Cost to the City. D. Efficient and timely administration of the Emergency Home Repair Program. IV. Alternatives Authorize the City Manager to execute grant agreement with DHCD to receive $16,350 awarded to the City for the Emergency Home Repair Program (Exhibit B), and authorize the City Manager to execute an agreement with TAP for the cooperative administration of the Emergency Home Repair Program (Exhibit C), both agreements to be approved as to form by the City Attorney. Appropriate $16,350 in State grant funds to accounts to be established by the Director of Finance. Impact on housing conditions will be positive as additional funding will be available to correct serious health and safety hazards in approximately 18 substandard rental units occupied by low-income citizens. Limited repairs of serious deficiencies will prevent such units from being condemned and displacing low-income tenants. Because property owners must agree not to increase the rents for one year, low-income tenants will not be displaced indirectly by increased rent. This Program would help to slow the deterioration of houses currently of marginal condition and extend their usefulness. Consistency with the recommendations of the Housing Development Strategic Plan Task Force Report would be met, through improvement and preservation of existing iow-income rental housing stock. Cost to the City will be $#1~350 of which $25,000 is from the $209,000 allocation of CDBG funds as previously approved by the City Council for the Limited Critical Repair Program, and $16,350 provided by the State grant. Efficient and timely administration of the Emergency Home Repair Program will be facilitated, since TAP is experienced in assessing tenant income eligibility, providing Weatherization improvements, and in cost-effective performance of repairs. Repairs to substandard rental property in danger of condemnation may be achieved within 7 to 10 days of initial inspection. Page 3 September 9, 1991 Do not authorize the City Manager to execute Grant Agreement with DHCD to receive $16,350 awarded to the City for the Emergency Home Repair Program, and do not authorize the City Manager to execute an agreement with TAP for the cooperative administration of the Emergency Home Repair Program. Impact on housing conditions would be negative as additional funding will not be available to correct serious health and safety hazards in approximately lg substandard rental units occupied by low-income citizens. Lack of limited repairs to serious deficiencies could cause such units to be condemned and displace low-income tenants. Deterioration of houses currently of marginal condition may continue resulting in property condemnation. 2. Consistency with the recommendations of the Housing Development Strategic Plan Task Force Report would not be met. Cost to the City would be a loss of $16~350 awarded from DHCD for Program use. Further, the costs of continued housing deterioration and abandonment will continue to accrue. Efficient and timely administration of the Emergency Home Repair Program would be difficult to achieve without an agreement with TAP to assess tenant eligibility and perform repairs necessary to avoid condemnation of sustandard units. Ability to make repairs quickly also would be dramatically hindered. V. Recommendation Adopt Alternative A, and authorize the City Manager to execute Grant Agreement with DHCD (Exhibit B) to receive $16,350 awarded to the City for the Emergency Home Repair Program, and authorize the City Manager to execute an agreement with TAP for the cooperative administration of the Emergency Home Repair Program (Exhibit C), the agreements to be approved as to form by the City Attorney. Appropriate $16,350 in State grant funds to accounts to be established by the Director of Finance. BC:rs (CR#9.1,2,3) cc: City Attorney Director of Finance Director of Public Works Building Commissioner Housing Development Coordinator Grants Monitoring Administrator Executive Director, Total Action Against Poverty Respectfully submitted, W. Robert Herbert City Manager COMMONWEALTH of VIRGINIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT June 4, 1991 Exhibit A Mr. W. Robert Herbert City of Roanoke Municipal Building 215 Church Avenue, S.W. Roanoke, VA 2401-1592 Dear Mr. Herbert: JUN 0 $ ~I on behalf of Governor L. Douglas Wilder I am pleased to announce that the Commonwealth will offer your organization a grant under the 1992 Emergency Home Repair Pr · $~,~00 in Grant Funds and ~7 ~5o ~, ~-- -- ogr~m zn the amount of of $16,350. The Energy F~n~;~;~;'~.g~', .Fu~as f~r a total amount r~m~rlc~e~ tO insulation, roof and heating system repairs and do not require a match. The Emergency Home Repair Program allocations are u~der review and the amounts listed above are based on preliminary FY-92 budget figures. In order to meet budget reduction goals, we may be required to reduce your grant award by five percent. This determination will not be made until September. Staff from the Division of Housing will contact you with regard to the execution of a Grant Agreement and all other necessary forms and requirements pursuant to your award. I wish to congratulate you and thank you for your commitment to the improvement o~ housing conditions in your area. Sincerely, Neal J. Barber EMERGENCy HOH~ REPA1'R PROGI~.~ GR~d~ AGRSEMEN~ 92-ER-17 Exhibit B This Grant Agreement is made by and between the Virginia Department of Housing and Community Development DHCD o of the Commonwealth of Virgin~ ....... ( ) n behalf ~ ~a ~nu ~y of Roanoke the Certified Local Administrator (CLA) approved to act as the local administrator for the Emergency Home Repair Grant Program (EHRP) and also referred to as the Grantee within this Agreement. The Grant, which is the subject of this Agreement, is authorized by the Governor of the Commonwealth under the Virginia Emergency Home Repair Grant Program and is funded through an allocation from the Commonwealth of Virginia for fiscal year 1991-92. The Program is subject to the terms, guidelines and requirements set forth in the Emergency Home Repair Program Application Manual, 1991, and the laws of the Commonwealth, as now in effect and as may be amended from time to time, which are incorporated by reference as part of this Agreement. Also incorporated as part of this Agreement is the application including certifications, resolutions and agreements contained therein. The Department of Housing and Community Development agrees to provide $8,500 Grant Funds and $7,850 Energy Funds to-the Grantee for program operation per the Emergency Home Repair Program application, Grant Agreement, and associated documents. Disbursement of funds shall be made to grant eclplents, per the schedule as described in the special conditions section of this Agreement, after receipt and acceptance by DHCD, of the signed Grant Agreement and Funds Disbursement Request forms. The Grantee agrees that Emergency Home Repair grant funds will be matched dollar for dollar through other program and in-kind sources. The Grantee further agrees to monitor, oversee and report on the use of funds under this Agreement. · ROJECT DIHCRIPTION/PERFORMANCB S~H~DULE AND 8PKCIAL coNDiTiON I. Project Description/Performance Schedule (Approved Activities): Funds totalling $16,350 shall be used to pay material and labor costs needed to make emergency repairs, as defined in Section V of the Emergency Home Repair Program Application Manual, and is limited to housing units occupied by lower- income families or individuals meeting requirements set forth in Section VII of the Emergency Home Repair Program Application Manual. II. The Grantee service area is. City of Roanoke Reporting Requirements: Grant recipient shall submit quarterly reports per the following schedule or until all funds have been exhausted: September 30, 1991 December 31, 1991 March 31, 1992 June 30, 1992 ~ u xn ash a~ of ~utu lundin · s ts. III. Special Conditions: A. Disbursement/ExDenditurec (a) Funds Disbursement: 1. Local Administrators may initially request 50% of their Grant award for the EHRP (projects are to begin within 30 days of the fund request). 2. Energy funds are to be requested in full on the designated Fund Disbursement Request Form at the same time the initial request is made for the Grant funds. A Match is not required for the Energy funds. Use of the Energy funds is limited to the following: a. Roof (shingles and felt) repair and/or replacement. Replacement is allowed when cost of repair is equal or greater than the replacement cost. b. Heating system parts and/or components repair and/or replacement. Replacement is allowed when cost of repair is equal or greater than the replacement cost. 3. The remaining 50% of the grant award may be requested after expenditure of 90% of the original disbursement exclusive of energy funds. Funds Expenditure: Emergency Home repair funds are to be utilized per the following schedule: 20% eXpended by October 31, 1991 40% expended by December 31, 1991 60% eXpended by February 28, 1992 80% expended by April 30, 1992 100% expended by June 20, 1992 Failure to fulfill the funds exDenditu~ schedule may result in a deobli~ation of the unsDen~ EHRP funds for reallocation -3- *NOTE= Those Local A4ministrators who were previous grantees shell have expended 100% of their previous award(s) and have Submitted their final report(s) before any 1992 fund recl~ests will be processed. B. ACCOUNTING RECORDS The Grantee shall establish and maintain separate accounts within its existing accounting system or set up accounts independently. The Grantee shall record in its accounting system all Grant payments received by it pursuant to the Grant and all other match funds provided for, accruing to, or otherwise received on account of the Grant. Ail costs, including paid services contributed by the Grantee or others, charged to the Grant shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contract, vouchers, orders, or other accounting documents pertaining in whole or in part to the Grant shall be clearly dentlfled, readily accessible, and separate and distinct from all other such documents. Such documents shall reside at the offices of the grantee. C. MAINTENANCE OF RECORDS The Grantee shall maintain such records in such a manner as will be prescribed. Records shall be readily accessible to the Department, HUD, appropriate state a~encies, and the general public during the course of the project and shall remain intact and accessible for three years thereafter. The exception is if any litigation claim or audit is started before the expiration of the three year period the records shall be retained until such action is resolved. D. COSTS INCURRED PRIOR TO GRANT AGREEMENT EXECUTION - No costs incurred prior to the execution of the AGREEMENT shall be eligible for reimbursement with Grant funds, unless incurred costs are authorized in writing by the Department. E. ~ _ The Grantee shall hold the Commonwealth of Virginia, the Department, its agents and employees harmless from any and all claims and demands based upon or arising out of any actions by the Grantee, its employees, agents or contractors. F. TERMINATION. SUSPENSION, CONDITIONS - If through any cause, the Grantee fails to comply with the terms, conditions or requirements of the CONTRACT DOCUMENTS, the Department may terminate or suspend this AGREEMENT by giving WRITTEN NOTICE of the same and specifying the effective date of termination of suspension at least five (5) days prior to such action. In the case of contract violations by the Grantee, the Department may request that all or some of the grant funds be returned even if the grantee has expended the funds. The request will be made in writing. The grantee agrees to -4- return such funds as requested by the Department within 15 days of receipt of the written request. G. SUBSEOUENT CONTRACTS - The Grantee shall remain full~ ~ under the provisions of the Grant Agreement notwithstanding its designation of any subsequent or third parties for the undertaking of all or part of the activities for which the grant assistance is being provided to the Grantee. Any Grantee or Contractor or Subcontractor which is not the APPLICANT shall comply with all the lawful requirements of the APPLICANT necessary to insure that the PROJECT for which this assistance is being provided under this AGREEMENT is carried out in accordance with the APPLICANT,S Assurances and Certifications. IV. Additional Assurance~ A. Grantee will establish safeguards to prohibit employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. B. Grantee will give the Virginia Department of HOusing and Community Development, HUD, and the State Comptroller through any authorized representatives access to and the right to examine all records, books, papers, or documents related to the grant. date VIRGINIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT By: Signature Robert J. Adam, Name DePuty Director Title The Grant Agreement is hereby executed by the Parties on the set forth below their respective signatures as follows: CITY OF ROANOKE Signature Name Title Date Date AGREEMENT Exhibit C made this 26th day of August, 1991, between the Grantee: City of Roanoke 215 Church Avenue, SW Roanoke, VA 214011 and the Subgrantee: Total Action Against Poverty (TAP) in the Roanoke Valley, Inc. 1t45 Campbell Avenue SW Roanoke, VA 2/4011 Whereas, the City of Roanoke has received a grant from the Virginia Department of Housing and Community Development in the amount of $16,350, under the provisions of the Virginia Emergency Home Repair Program; and Whereas, Roanoke City Council approved by Resolution No. 30508-51391 on May 13, 1991, the proposed FY 1991-92 budget for the Community Development Block Grant (CDBG) Program, and the Statement of Community Development Objectives and Projected Use of Funds, wherein $209,000 of CDBG funds will be allocated to the Limited Critical Repair Program of which $25,000 targeted to the Emergency Home Repair component is available for program use; and Whereas, the Roanoke City Council on August 26, 1991, reviewed and approved, by Ordinance No. , the execution of a contract between the City and Total Action Against Poverty (TAP) concerning operation of the Emergency Home Repair Program; and Whereas, TAP is experienced in providing services to and on behalf of citizens of low and moderate income, including verifying general eligibility of assistance programs, and in performing or arranging for the performance of residential repair and rehabilitation and is the sole agency authorized to administer the federally-funded Weatherization program in the City of Roanoke; Now, therefore, the City and TAP do mutually agree as follows: A. Budget: The total budget for this project will be $#1,350. The City of Roanoke will provide $25,000 in CDBG funds, to be matched with $16,350 from the Virginia Department of Housing and Community Development's (DHCD) Emergency Home Repair Program as follows: City of Roanoke CDBG Funds DHCD Emergency Home Repair Program Funds TOTAL $25,000 16.350 Community Development Block Grant funds and Virginia Department of Housing and Community Development funds will be used only for eligible repairs to rental units occupied by low-moderate income households in accordance with the Virginia Department of Housing and Community Development's Emergency Home Repair Program, and for payment of allowable administrative fees to Total Action Against Poverty in the Roanoke Valley as in Section D, Paragraph 3, infra. B. Scope of Services: Utilizing funds as appropriated and made available by the City, but not exceeding $41,350, and Weatherization funds as available to TAP in the City from Virginia's Weatherization program, available through the Virginia Department of Housing and Community Development, TAP shall verify income of residents of certain rental prop.erties !dentified jointly by TAP and the City, and shall provide repair services to the owners of such property as authorized by the City as provided in the program description (Attachment B). Page 2 C. Procedure: In the course of its enforcement of the Building Maintenance Code, the City may discover rental residential units, occupied by iow- moderate income household tenants, that have imminent health and safety hazards or barriers to habitability, or residential units occupied by low-moderate income handicapped persons that are in need of handicapped accessibility repairs or improvements. TAP may also discover such units through its Weatherization Program and citizen inquiries. For the purposes of the Fmergency Home Repair Program and this agreement, "low-moderate income household" is defined as a household having income not exceeding 80% of the area median household income, adjusted for household size as established by the U. S. Department of Housing and Urban Development. 2. TAP in cooperation with Building and Health Inspectors of the City shall: a. Identify the repairs necessary in order to avoid condemnation and an order to vacate the unit; be Contact the property-owner and obtain from him/her written certification that he/she cannot afford to make repairs, at least without rent increases, and written agreement not to increase the rent due to the repairs for one year after repairs are made, to match CDBG funds in the program, and further, to agree to pay the grant back to the City in the event that the rent is increased due to the repairs for one year after repairs are made. 3. TAP shall: a. Verify the income eligibility of the tenants for this program and its Weatherization program; b. Verify the approximate cost of identified repairs; Ce Determine work eligible to be performed under terms of its Weatherization program, if tenants meet income and all other qualifications for that program; d. Execute with the owner of the unit an agreement (Attachment C) to include the following: specifications of the work to be done under the program, a maximum time of completion, and a price for the work to be performed; that the City will make a grant of up to $2,500 per unit for repairs necessary to avoid condemnation and vacation; and, e. Arrange for repairs to be made expeditiously, and in accordance with all applicable Building Codes. Page 3 and responsibilities under the Lease Agreement with the property-owner, that the property-owner agrees not to sell the property for a period of one year from the date of completion of the work as certified by TAP, that the property-owner agrees to pay a sum certain pursuant to Article II ("Responsibilities of the Owner") of the Agreement identified as Attachment C, and that the property-owner agrees to execute a promissory note to the City of Roanoke, as provider of funds to TAP for payment of the cost of repairs not paid by the owner, for repayment of the grant funds to the City of Roanoke in the event of the property-owner's noncompliance with any one of these provisions; a provision that the City will make a grant of up to $2,500 per unit for repairs necessary to avoid condemnation and vacation; a provision that TAP and the property-owner shall hold the City of Roanoke, its officers, agents and employees harmless from any and all damages, losses, expenses, and claims that may arise by reason of any act or omission on any part of TAP, the City, its agents or employees, arising out of or otherwise related to the rehabilitation of the property subject to the Agreement identified as Attachment C, or on the part of any party with whom TAP enters into a contract for work performed pursuant to the Agreement identified as Attachment C. a provision that the City shall have access to the property sub- ject to this Agreement for inspection of work after completion. Require any contractor for work performed pursuant to this Agreement or any Agreement with a property-owner under the Emergency Home Repair Program to hold TAP and the City of Roanoke~ its officers~ agents and emplyees harmless in any and all damages, losses, expen- ses, and claims that may arise by reason of any negligence on the part of the subcontractor, its agents, or employees, or on the part of any party with whom TAP enters into a contract for work performed pursuant to this Agreement. Provide comprehensive liability insurance coverage to protect TAP, the City of Roanoke, its officers, agents and employees~ and the property-owner for not less than $300,000.00 for bodily injury including accidental death to any one person and not less than $1, 000 ~ 000 . 00 on account of any one occurrence. TAP will also pro- vide property damage insurance in an amount of not less than $100,000.00 per occurrence and $200,000.00 per aggregate. Tap will also require all subcontractors to carry comprehensive liability insurance for the protection of parties and in the amount of not less than $230,000.00 in the event of bodily injury including death and $30,000.00 in the event of property damage. Ensure that all contracts between TAP and any person or entity other than the City of Roanoke shall include a provision that the City of Roanoke is not obligated to any such perso% entity or party other than TAP, executing said contract. Page Compensation and Methods of Payments: 1. Total Cost: The total of all payments from the City to TAP under the terms of this contract shall not exceed $#1,350, including materials, expenses to TAP,s subcontractors, building permits, administrative cost, and any other allowable costs. 2. Subcontractors: TAP may use other private subcontractors to per- form work elements TAP is not qualified or able to do, the cost to be paid by the City under the terms of this contract to count toward the $#1,350 limit, with a limit of $2,500 per unit. TAP shall obtain a minimum of two (2) competitive bids for each contracted repair job unless waived by the City in the event of an emergency, and will award the work to the lowest reputable bidder able to perform within reasonable time. Administrative Cost: TAP may charge an administrative fee to the City, in addition to the direct charge of the contracted work per- formed under this program. Such administrative fees shall not exceed $.300 per unit. Submission of Invoices: Reimbursement of allowable expenses shall be paid to TAP by the City within fifteen (15) working days from receipt of the final invoice from TAP. Such final invoice may not be submitted by TAP or accepted by the City before inspection by the City Building Department and acceptance of the completed work by the Housing Development Office. Time of Performance: The term of this agreement shall not extend beyond the earliest of June .30, 1992; expenditure of all of the funds allocated to the Program by the Cityl or cancellation by either party as provided in Section P infra. Compliance with Federal Regulations: The Subgrantee agrees to abide by the HUD conditions for CDBG programs as set forth in Attachment A, and all other applicable federal regulations relating to the specific program performed hereunder. G. Conflict of Interest: No employee, agent, consultant, officer or appointed official of TAP who is in a position to participate in a' decision-making process or gain inside information with regard to any CDBG activities, may obtain a personal or financial interest in or benefit from any of the activities, or have an interest in any contract, subcontract or agreement with respect thereto, or in the proceeds thereunder, either for themselves, their family or business associates, during their tenure or for one (1) year thereafter, H. Hold Harmless Agreement: TAP shall hold the City, its oflicers, agents, and employees harmless from any and all damages, losses, expenses and claims that may arise by reason of any act or omission on the part ol TAP, its agents or employees, or on the part of any party with whom TAP enters into a contract for work performed pursuant to this Agreement. Page 5 TAP shall require any such subcontractor to hold TAP and the City, its officers, agents, and employees harmless from any and all damages, losses, expenses and claims that may arise by reason of any negligence on the part of the subcontractor, its agents or employees, or on the part of any party with whom TAP enters into a contract for work performed pursuant to this Agreement. Liability Insurance Coverage: TAP is required to provide comprehensive liability insurance coverage to protect TAP, the City, the City's officers, agents and employees and the homeowner for not less than $500 , 000 . 00 for bodily injury, including accidental death, to any one person and not less than $1,000,000.00 on account of any one occurrence. TAP will also provide property damage insurance in an amount not less than $100,000.00 per occurrence and $200,000.00 per aggregate. TAP shall also provide workmen's compensation insurance as required by the ~/orkmen's Compensation Law of Virginia. TAP shall furnish evidence of its insurance coverage to the City. TAP will also require all subcontractors to carry comprehensive liability insurance for the protection of the parties, naming said parties as named Jnsureds, and in the amounts of not less than $250,000.00 in the event of bodily injury including death and 550,000.00 in the event of property damage. TAP shall also require all subcontractors to carry workmen's compensation insurance as required by the ~orkmen's Compensation Law of Virginia. The amount of such insurance shall not be construed as a limit upon the obligation of TAP, a subcontractor of TAP's or on the part of any party with whom TAP contracts for work performed pursuant t6 this Agreement. Therefore, TAP's coverage should provide for all liability assumed by TAP under this Agreement. Uniform Administrative Requirements: The subgrantee shall comply with the requirements and standards of OMB Circular No. A-122, "Cost Principles for Non Profit Organizations: and with the following Attachments to OMB Circular No. A-II0, if applicable: Attachment A, "Cash Depositories"~ Attachment B, "Bonding and Insurance"; Attachment C, "Rentention and Custodial Requirements for Records% Attachment F, "Standards for Financial Systems"j Attachment H, "Monitoring and Reporting Program Performance," paragraph 2; Attachment N, "Property Management Standards,,j and Attachment O, "Procurement". Program Income: "Program income" means gross income received by the Grantee or Subgrantee directly generated from the use of CDBG funds. Program income from any and all sources shall be submitted to the City within five (5) working days of its receipt by the Subgrantee. Program income does not include funds provided by property owners as a match for the rehabilitation grant. Records and Reports: The Subgrantee shall maintain full and accurate records with respect to all matters covered under this Agreement. All records pertaining to this Agreement and the services performed pur- suant to it, shall be retained for a period of three {3) years after the expiration date of this Agreement or its amendments. Appropriate City and/or HUD personnel shall have free access to those records during the Agreement duration and the following three-year time period. Page 6 The Subgrantee shall submit a report each quarter to the Grantee's Office of Grants Compliance, with a copy to the Housing Development Office. Such reports shall consist of an accounting of funds committed and expended from each funding source for the period, and a report on families and persons benefiting from the grants. Format o:{ reports will be mutually agreed upon by Grantee and Subgrantee. Reversion of Assets: Upon expiration of this Agreement, or amendments thereto, the Subgrantee shah trans:{er to the City any CDI)G funds or program income on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. Annual Audit and Monitoring: The Subgrantee shall provide for an annual independent audit of all CDBG expenditures covered by the Agreement. Copies of said audit report shall be furnished to the Grantee's City Manager and Director of Finance within thirty (30) days of completion of the audit. Third Party Contracts: The City shah not be obligated or liable hereunder to any party other than TAP. Ali contracts between TAP and a third party shall include a provision that the City is not obligated or liable thereon to any party other than TAP. Cancellation Clause: In the event either party should fail to carry out the provisions and intentions of this Agreement and its attach- ments, the other party may, by a written ten (10) day notice, cause this contract to be cancelled. Likewise, should either party determine that it cannot successfully carry out its portion of the program, the Agreement may be cancelled with a written ten (10) day notice to the other party. Such notices shall be either delivered by hand or mailed to the parties as follows: 1. In the case of the City, be addressed or delivered to the: City Manager 215 Church Avenue S~ Roanoke, VA 2~011 2. In the case of TAP, Executive Director P. O. Box 2868 Roanoke~ VA 2(~001 be addressed to or delivered to the: In the event of such cancellation, projects underway or for which TAP has made commitments to subcontractors will be completed by TAP as otherwise provided in this Agreement. Amendments: The City may, from time to time, require changes in the scope of the services of TAP to be performed hereunder. Such changes and any other changes as mutually agreed upon by the City and TAP, shall be incorporated in written amendment to this Agreement. Page 7 In ~/itness Whereof, the City and TAP have executed this Agreement as of the date first above written. City of Roanoke Attest ~/. Robert Herbert City Manager Total Action Against Poverty in the Roanoke Valley~ Inc. Attest Theodore 3. Edlich, III Executive Director Approved as to CDBG Eligibility Director of Finance Approved as to Form Assistant City Attorney Date Appropriation and Funds Required for this Contract Certified ACCT# Approved as to Execution Assistant City Attorney ATTACHMENT A U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT GRANT AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SPECIAL TERMS AND CONDITIONS FOR SUBGRANTEES (CONTRACTS OVER $10,000) 1. "Section 3" Compliance in the Provision of Traini~ent and Business The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170 lu. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and urban Development set forth in 24 CFR 135, and all appli- cable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. The contractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers' representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous pla- ces available to employees and applicants for employment or training. The contractor will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development 24 CFR Part 135. The contractor will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued hereunder prior to the execution of the contract, shall be a condition of the federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors and subcontractors, it successors and assigns to those sanctions specified by the grant or loan agreement or contract through which Federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135. o E~ual Emplo,vment Opportunity: ~s amended: Such contracts Opportunity regulations at 24 construction contracts. Contracts subject to Executive Order 11246~ shall be subject to H~D Equal E~p]oyment CFR Part 130 applicable to HUD-assisted The Subgrantee shall cause or require to be inserted in full in any non- exempt contract and subcontract for construction work, or modification thereof as defined in said regulations, which is paid for in whole or in part with assistance provided under this Agreement, the following equal opportunity clause: "During the performance of this contract, the contrac- tor agrees as follows: De The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and section for training, including apprenticeship. The contractor agrees to post in conspicuous places available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the Contract Compliance Officer advising the said labor union or workers' repre- sentatives of the contractor's commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regula- tions and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the Department and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. -2- In the event of the contractor,s noncompliance with the non- discrimination clauses of this contract or with any of such rules, regu- lations or orders, this contract may be canceled, terminated or suspended in whole or in part, and the contractor may be declared ineli- gible for further Government contracts or Federally-assisted construc- tion contract procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by law. The contractor will include the portion of the sentence immediately pre- ceding paragraph (Al and the provisions of paragraphs (Al through (Gl in every subcontract or purchase order unless exempted by rules, regula- tions or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the Department may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event a contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of such direction by the Department, the contractor may request the United States to enter into such litigation to protect the interest of the United States.', The Subgrantee further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in Federally-assisted construction work; provided, that if the Subgrantee so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instru- mentality or subdivision of such government which does not participate in work on or under the contract. The Subgrantee agrees that it will assist and cooperate actively with the Department and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations and relevant orders of the Secretary of Labor; that it will furnish the Department and the Secretary of Labor such compliance; and that it will otherwise assist the Department in the discharge of its primary responsibility for securing compliance. The Subgrantee further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and Federally- assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal oppor- tunity clause as may be imposed upon contractors and subcontractors by the Department or the Secretary of Labor pursuant to Part II, Subpart D, of the Executive Order. In addition, the Subgrantee agrees that if it fails or refuses to comply with these undertakings, the Department may take any or all of the following actions: cancel, terminate or suspend in whole or in part the grant or loan guarantee; refrain from extending any further assistance to the Subgrantee under the Program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from such Subgrantee; and refer the cause to the Department of Justice for appropriate legal proceedings. -3- Federal Labor Standards Provisions: Except with respect to the rehabilita_ tion of residential property designed for residential use for fewer than eight families, the Subgrantee and all contractors engaged under contracts in excess of Two Thousand Dollars {$2,000.00) for the construction, prosecu- tion, completion or repair of any building or work financed in whole or in part with assistance provided under this Agreement shall comply with HUD requirements pertaining to such contracts and the applicable requirements of the regulations of the Department of Labor under 29 CFR Parts 3 and 5, governing the payment of wages and the ratio of apprentices and trainees to journeymen; provided that if wage rates higher than those required under such regulations are imposed by State or local law, nothing hereunder is intended to relieve the Subgrantee of its obligation, if any, to require payment of the higher rates. The Subgrantee shall cause or require to be inserted in full in any such contracts subject to such regulations, provi- sions meeting the requirements of 29 CFR 5.5. No award of the contracts covered under this section of the Agreement shall be made to any contractor who is at the time ineligible under the provisions of any applicable regulations of the Department of Labor to receive an award of such contract. 4. Nondiscrimination Under Title VI of the Civil Ri hts ~greement is subject to the requirements of Title VI Act of 1961: This Ofof the Civil Rights Act 1964 (P.L. 88-352) and HUD regulations with respect thereto, including the regulations under 24 CFR Part 1. In the sale, lease or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, the Subgrantee shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination upon the basis of race, color, religion, sex or national ori- gin, in the sale, lease or rental, or in the use of occupancy of such land or any improvements erected or to be erected thereon, and providing that the Subgrantee and the United States are beneficiaries of and entitled to enforce such covenant. The Subgrantee, in undertaking its obligation in carrying out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant and will not itself so discriminate. 5. Obli ations of Sub rantee with Res ect to Certain Third- art Relationshitl~ Agreement, notwithstanding its designation of any third party or parties for the undertaking of all or any part of the program with respect to which assistance is being provided under this Agreement to the Subgrantee. Any Subgrantee which is not the Applicant shall comply with all lawful require- ments of the Applicant necessary to insure that the program, with respect to which assistance is being provided under this Agreement to the Subgrantee, is carried out in accordance with the Applicant's Assurances and certifica- tions, including those with respect to the assumption of environmental responsibilities of the Applicant under Section 104(h) of the Housing and Community Development Act of 1974. e Interest of Certain Federal Official~: No member of or delegate to the Congress of the United States, and no Resident Contmissioner, shall be admitted to any share or part of this Agreement or to any benefit to arise from the same. -4- ~~e~ ~embers of Local oyee er of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his tenure, or for one (1) year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under the Agreement. The Subgrantee shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this section. Prohibition Against Payments of Bonus or Coe~issio,,: The assistance pro- vided under this Agreement shall not be used in the payment of any bonus or commission for the purpose of obtaining HUD approval of the application for such assistance, or HUD approval or applications for additional assistance, or any other approval or concurrence of HUD required under this Agreement, Title I of the Housing and Community Development Act of 1974, or HUD regu- lations with respect thereto; provided, however, that reasonable fees or bona fide technical, consultant, managerial or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as program costs. "Section 109": This Agreement is subject to the requirements of Section 109 of the Housing and Community Development Act of 1974, 42 U.S.C. 3535(d). No person in the United States shall on the ground of race, color, religion, sex or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds available under this title. 10. Access to Records and Site ~f. Emplo~ment: This Agreement is subject to the requirements of Executive uroer 11246, Executive Order 1375, Civil Rights Act of 1964, as amended. Access shall be permitted during normal business hours to the premises for the purpose of conducting on-site compliance reviews and inspecting and copying such books, records, accounts, and other material as may be relevant to the matter under investigation and pertinent to compliance with the Order, and the rules and regulations promulgated pur- suant thereto by the Subgrantee. Information obtained in this manner shall be used only in connection with the administration of the Order, the admi- nistration of the Civil Rights Act of 1964 (as amended) and in furtherance of the purpose of the Order and that Act. -5- Attachment B Emergency Home Repair Component will be administered by the Total Action Against Poverty (TAP). The general intent of this component is to provide limited assistance for the repair of critical deficiencies in rental units occupied by iow-moderate income tenants. Improvements to make the unit handicapped-accessible for existing tenants are also eligible· Basic Eligibility == Low-moderate income tenants in rental units with serious health or safety deficiencies for which the unit may be or become condemnable, and low-moderate income handicapped persons occupying residential units in need of handicappped accessibility repairs or improvements. As a condition of funding of repairs under this component, the owner must agree to not increase the rent charged to the tenant because of the public subsidy for at least one year, and in most cases must provide matching funds for the repairs. Form of Subsidy -- This component includes funds allocated to the Program by the Virginia Department of Housing and Community Development from the Virginia Housing Partnership Fund's (VHPF) Emergency Home Repair Program; CDBG funds; (not to exceed $2000 per unit) and matching funds supplied by the property owners. Both types of public funds are in the form of grants. Funds from the VHPF will be administered in accordance with the program manual provided by DHCD. As a rule, VHPF funds may not exceed $500 (or $1000 if handicapped accessibility improvements are included. ) Those funds require matching funds from other sources, either CDBG or from the owner. The property owner is expected to at least match CDBG funds. However, upon the discretion of the Housing Development Office, the match requirement may be reduced or waived. Application and Selection -- Potential candidate tenants or units typically will be discovered from complaints and code enforcement inspections. The intent is to address units that are condemnable or in danger of becoming so, and to make those repairs necessary to remedy those items, and to provide handicapped accessibility repairs or improvements to residential units occupied by low- moderate income handicapped persons in need of such repairs or improvements. Candidates will be referred to TAP for investigation ol eligibility and expected cost of repairs. IAP will work in conjunction with inspectors of the Building Department and/or the Health Department in identifying necessary repairs. Upon verifying eligibility, TAP will contact the property owner to seek and obtain approval for the repairs and the owner's contribu- tion toward them. If the owner refuses to authorize the repairs, the Housing Development Office will be notified. If the owner seeks to reduce or eliminate the requirement for match, TAP may recommend to the Housing Development Office that the requirement be modified. Upon negotiation and agreement by ail parties, TAP will enter into a contract with the owner whereby TAP agrees to make the repairs for the specified price, and the Owner agrees to the repairs, to the match, and to not increase the rent or raise the rent based on the funds from the VHPF and CDBG. a. C~onstruction __ TAP will be responsible for having the necessary work performed, either using their own personnel or subcontracting to others. TAP will also be responsible for obtaining all necessary building permits. 5. Upon completion of the work, TAP will have the Housing Development Office inspect the work to verify its adequacy to avoid condem. nation. Upon approval by the Housing Develonmen · . submit an invoice to the Housi-- r~ ..... ~ t Off~ce, TAP will · . . ,,) ~ve~opment Off!ce for payment, in accordance w~th the contract with TAP for administration of this acttvtty. III. ALLOCATION OF FUNDINC, The Limited Critical Repair Program is funded in Fiscal Year 1991-92 at approximately 5209,000 for subsidies, Which includes 516,350 from VHPF for the Emergency Home Repair component. Initially the following allocations are made to the three components: Critical Home Repair Component Critical repairs .. Quick Response to Emergencies Component Emergency repairs -. Exterior siding/painting -. Emergency Home Repair Component Emergency repairs __ 57§,000 CDBG 5t~2,oo0 CDBG 8,000 CDBG 525,000 CDBG 16,350 VHPF The distinct amounts between principal repairs and exterior cosmetics within the individual components is general. The RRHA is not to be bound to by these within-component allocations. All remaining funds appropriated to the Limited Critical Repair Program will be held in reserve by the Housing Development Office. Operation of the components will be monitored by that Office. As the year progresses and needs may be observed, funds from the reserve may be released to the individual components via contract amendments, if necessary. Made this day of AGREEMENT , 19 Attachment C Between TAP: and the Owner: Total Action Against Poverty in the Roanoke Valley, Incorporated 1#5 Campbell Avenue SW Roanoke, Virginia 24011 Concerning a certain rental property (Hereinafter the "Property") in the City of Roanoke, identified as Official Tax Map Number ., described as , located at WHEREAS, the Owner hereby certifies he/she/they own the Property and rent it for residential use; and WHEREAS, the Property has been inspected and is determined to be in noncompliance with the Building Maintenance Code, or having need of handicap accessibility improvements due to handicapped individuals occupying the property. WHEREAS, TAP has determined that the current tenants of the property have incomes not exceeding 80% of the median family income for the Roanoke area; and WHEREAS, the Owner certifies he/she/they cannot afford to make the necessary repairs without increasing rents charged to the current tenants; and WHEREAS, the City of Roanoke is willing to pay up to $2,500.00 under the Emergency Home Repair Program to make necessary repairs to the property, if the Owner agrees to certain conditions; THEREFORE, the parties to the Agreement do mutually agree as follows: RESPONSIBILITIES OF TAP 1. As a licensed contractor, TAP will perform or arrange to have performed the following repairs: at a total cost of ($ ). TAP will insure that all applicable building permits are obtained for the work to be performed. 2. TAP agrees to complete the repairs within__ days of the execution of this Agreement by all parties. Upon completion, TAP will notify the City Building Department and the Owner. Page 2 II. RESPONSIBILITIES OF THE OWNER As party to this Agreement, the Owner authorizes TAP and its subcontractors to make repairs and improvements as identified in Section I, and to provide TAP and its subcontractors access to the property at reasonable times for the purposes of performing the repair work, and provide the City of Roanoke access for inspection of work after completion. In addition, owner agrees to pay to be paid to TAP by owner upon owner's execution of this agreement, said payment being the Owner's cost of repairs to the Property. In consideration for the work performed by TAP as identified in Section I, the Owner agrees to refrain from any rent increases on the Property due to the repair work for a period of one year from the date of the completion of the work as certified by TAP. The Owner agrees to provide TAP with a copy of the Lease Agreement between the Owner and the tenant occupying the Property which shall not expire before Further, the Owner agrees not to evict or otherwise request the tenant to leave the property for a period of one year from the date of completion of the work, providing the tenant complies with all his/her obligations and responsibilities under the Lease Agreement with the Owner. The Owner agrees not to sell the property for a period of one year from the date of completion of the work as certified by TAP. The Owner agrees to execute a promissory note to the City of Roanoke, as provider of funds to TAP for payment of the cost of repairs not paid by the Owner, in the amount of ($ ), for repayment to the City of Roanoke in the event of the Owner's noncompliance with any one of these provisions. III. HOLD HARMLESS AGREEMENT The Owner and TAP shall hold the City of Roanoke, its officers, agents, and employees harmless from any and all damages, losses, expenses, and claims that may arise by reason of any act or omission on the part of TAP, the City~ its agents or employees, arising out of or otherwise related to the rehabilitation of the property subject to this Agreement, or on the part of any party with whom TAP enters into a contract for work performed pursuant to this Agreement. TAP shall require any such contractor to hold TAP and the City of Roanoke, its officers, agents and employees harmless in any and all damages, losses, expen- ses, and claims that may arise by reason of any negligence on the part of the subcontractor, its agents, or employees, or on the part of any party with whom TAP enters into a contract for work performed persuant to this Agreement. IV. THIRD PARTY CONTRACTS The City shall not be obligated or liable to any party executing this Agreement, other than TAP, as set forth in the Agreement dated August 26, 1991. Page V. LIABILITY INSURANCE COVERAGE TAP is required to provide comprehensive liability insurance coverage to protect TAP, the City of Roanoke, its officers, agents and employees, and the Owner for not less than $500,000.00 for bodily injury including accidental death to any one person and not less than $1,000,000.00 on account of any one occurrance. TAP will also provide property damage insurance in an amount of not less than $100,000.00 per occurrance and $200,000.00 per aggregate. TAP will also require all subcontractors to carry comprehensive liability insurance for the protection of parties, naming said parties as named insureds, and in the amount of not less than $250,000.00 in the event of bodily injury including death and $50,000.00 in the event of property damage. VI. CANCELLATION CLAUSE In the event either party should fail to carry out any provision or intention of this Agreement and its attachments, either of the parties may, by a written 10-day notice cause this Agreement to be cancelled. Likewise should either party determine that it cannot successfully carry out its portion of the Agreement, the Agreement may be cancelled by a written 10-day notice to the other party. However, in the event of such cancellation due to the lack of performance by a party hereto, such party shall reimburse the other party for costs they have incurred in good faith and reasonable expectation of the fulfillment of this Agreement by both parties. Such notices shall be either delivered by hand or mailed to the parties as follows: 1. In the case of TAP, be addressed or delivered to the: Executive Director Total Action Against Poverty in the Roanoke Valley, Incorporated 105 Campbell Avenue SW Roanoke, Virginia 20011 2. In the case of the Owner, be addressed to or delivered to: VII. AMENDMENTS Any changes as mutually agreed upon by TAP and the Owner shall be incorporated in written amendment to this Agreement. IN ~¥1TNESS WHEREOF, TAP and the Owner have executed this Agreement as of the date first written above. TAP: Executive Director Witness: Date: PROMISSORY NOTE FOR VALUE RECEIVED, the undersigned promises to pay to the CITY OF ROANOKE, VIRGINIA, on order, at its municipal offices in the said City, the principal sum of DOLLARS ($ ) without interest. If the undersigned complies with ali of the terms and conditions contained in Section [[ of the agreement between TOTAL ACTION AGAINST POVERTY and the undersigned, for the performance of repair work on certain property of the undersigned under the Emergency Home Repair Program, executed on , 19 , and incorporated herein, the entire debt will be deemed to have been satisfied and will be forgiven by the City as of , 19 [f there be a breach of the terms and condition contained in Section Il of the agreement between Total Action Against Poverty and the undersigned for the performance of repair work on certain property of the undersigned under the Emergency Home Repair Program, executed on , 19 , and incorporated herein, the entire principal shall, at the option of the holder of this Note, immediately become due and payable for all purposes whatsoever, and its collection may be enforced by any remedy at law or in equity. The terms and conditions of said agreement are made a part hereof and shall control in the interpretation and enforcement of this Note. The time of payment of all or any part'of the debt hereby evidenced may be extended or renewed from time to time by the holder hereof, and no such exten- sion or renewal shall in any wise release or affect the liability of anyone in any way liable for the payment hereof. Homestead and all other exemptions, presentment, protest and notice of dishonor are hereby waived by the undersigned and by all persons now or hereafter in any way liable for the payment of this debt. If the debt hereby evidenced be not paid as it matures and is collected by suit or attorney, it is further agreed that there shall be paid hereunder as an attorney's fee for such collection 18~ of the amount then due which is hereby agreed upon as a reasonable charge. The makers shall have the privilege to repay the entire principal amount hereof without premium. (SEAL) (SEAL) Page I of 2 STATE OF VIRGINIA S To-Wit: CITY OF ROANOKE The foregoiug day of Promissory Note was ackuowledged , 19 , by before me this My Commission expires.. Notary Public 2of2 MARY F. PARKER City Clerk CITY OF ROANOKE OFHCE OF THE CITY CLERK 215 Church Avenue, S.W.. Room 4,50 Roanoke, Virginia 24011 Telephone: (703)981.2541 September 11, 1991 File #76 SANDI~H. EAKIN Deputy City Clerk Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 30696-90991 authorizing you to enter into a contract with the Roanoke Valley Trouble Center, Inc., ("TRUST") to provide coordination and technical assistance to the Roanoke Drug and Alcohol Abuse Council, upon certain terms and conditions, fo~ a total amount of $12,000.00. Resolution No. 30696-90991 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 9, 1991. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: ra Enc. pc: Mr. Stuart Israel, Executive Director, Roanoke Valley Trouble Center, 360 Washington Avenue, S. W., Roanoke, Virginia 24018 T he Honorable Phillip Trempeter, Chairman, Roanoke Drug and Alcohol Abuse Council Mr. Joel M. Sehlanger., Director of Finance Mr. James D. Ritchie, Director of Human Resources Ms. Donna S. Norvelle, Human Resources Coordinator Mr. Barry L. Key, Manager, Office of Management and Budget Ms. Marie T. Pontius, Grants Monitoring Administrator IN THE COUNCIL OF THE CITY OF ROANOKE, The 9th Day of September, 1991. No. 30696-90991. VIRGINIA, A RESOLUTION authorizing the City Manager to enter into a contract with the Roanoke Valley Trouble Center, Inc. ("TRUST") to provide coordination and technical assistance to the Roanoke Drug and Alcohol Abuse Council, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager or Assistant City Manager, and the City Clerk are hereby authorized, for.and on behalf attest, respectively, the requisite Valley Trouble Center, Inc. ("TRUST") of the City, to execute and contract, with the Roanoke to provide coordination and technical assistance to the Roanoke Drug and Alcohol Abuse Council, for a total amount of $12,000.00, such services being more particularly set forth in report of the City Manager dated September 9, 1991, said contract shall be in form approved by the City Attorney. ATTEST: City Clerk. .~qY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, V'wginia 24011 Telephone: (703)981-2541 September 11, 1991 File #60-76 S,~.NDRA H. EAKIN Deputy City Clerk Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 30695-90991 amending and reordaining certain sections of the 1991-92 Grant Fund Appropriations, providing for transfer of $12,000.00 from Temporary Employee Wages to Fees for Professional Services, in connection with execution of a contract for serviceh with the Roanoke Valley Trouble Center, Inc., (TRUST) to provide coordination and technical assistance to the Roanoke Drug and Alcohol Abuse Council. Ordinapce No. 30695-90991 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 9, 1991. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: ra Eno. pc: Mr. W. Robert Herbert, City Manager Mr. James D. Ritchie, Director of Human Resources Ms. Donna S. Norvelle, Human Resources Coordinator Mr. Barry L. Key, Manager, Office of Management and Budget Ms. Marie T. Pontius, Grants Monitoring Administrator IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 9th Day of September, 1991. No. 30695-90991. AN ORDINANCE to amend and reordain certain sections of the 1991-92 Grant Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1991-92 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Community Development Block Grant FY 90-91 $2,122,009 Drug and Alcohol Abuse Council (1-2) .............. 40,000 1) Fees for Professional Services (035-090-9039-2010) $ 12,000 2) Temporary Employee Wages (035-090-9039-1004) (12,000) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke, Virginia September 9, 1991 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of City Council: Contract For Services With Roanoke Valley Trouble Center, Inc. (TRUST) I. BACKGROUI~D ae The Citv Manaaer's Drua Strateqv Task Force recommended in its report, "Roanoke At Risk" that a permanent on-going committee be established to provide the central clearinghouse for information, program development, and coalition building among organizations towards setting a community-wide norm that drug and alcohol abuse is not acceptable. The Task Force recommended that staff be assiqned to coordinate substance abuse prevention and treatment activities and provide technical assistance. Ce The City Manaqer appointed 33 individuals from education, business, government, neighborhood and civic organizations, law enforcement, the judiciary, and human services and established the Roanoke Drug and Alcohol Abuse Council in May 1990. (Drug and Alcohol Abuse Council membership list is attached.) De City Council authorized fundinq for the Drug and Alcohol Abuse Council program as part of the 1990-1991 Community Development Block Grant (CDBG) and the 1991-92 Community Development Block Grant application on May 13, 1991 (Resolution No. 30508-51391). E. City has received HUD approval of the CDBG application by letter dated June 19, 1991. II. SITUATION ae city invited applications or proposals from individuals or organizations to assure that all interested parties had an opportunity to submit proposals for consulting services to the Roanoke Drug and Alcohol Abuse Council Be A review panel including the Director of Human Resources, the Drug and Alcohol Abuse Council Chairman, and the Human Resources Coordinator was established to carefully examine the proposals, interview potential candidates, and make appropriate recommendations. Ce Pam Berm Associates and Roanoke Valley Trouble Center, Inc. (TRUST) submitted proposals to provide consulting services. De The interview panel presented the proposals to the Executive Committee of the Drug and Alcohol Abuse Council for its consideration and response and interviewed representatives from both organizations. The panel submitted the following recommendation to the City Manager based on the amount of funds available and assessment of the applicants' qualifications. Contract with Roanoke Valley Trouble Center. Inc. (TRUST) for an initial six-month period to provide coordination and technical assistance to the Roanoke Drug and Alcohol Abuse Council and pay the consulting fee in the amount of $12,000.00. III. ISSUES ae B. C. D. Services to Citizens. Fundinq. Compliance with applicable regulations. Timing. IV. Concur with the recommendation submitted by the Roanoke Drug and Alcohol Abuse Council's interview panel and authorize the City Manager to execute the attached sub-grantee agreements with Roanoke Valley Trouble Center, Inc.(TRUST). Services to Citizens. The quality of the support and coordination provided to the Roanoke Drug and Alcohol Abuse Council would be enhanced. Fundina. Funding is available in CDBG Account Number 035-090-9039-1004. Compliance with applicable requlations. Compliance is assured through contract review and project monitoring by the City's Office of Grants Compliance. e Timina. There would be no disruption in the support and coordination. Activities would continue in a timely manner. Do not concur with the recommendation and do not authorize the City Manager to execute the sub-grantee agreement. Proceed with with advertising two positions, Drug Strategy Coordinator and Secretary to Drug Council. Services to Citizens. The quantity and quality of the support and coordination provided to the Roanoke Drug and Alcohol Abuse Council would be negatively impacted due to further delays in providing staff support. Fundinq. Funds are available, however, more funds would be expended. The estimated cost of hiring the two part-time positions, renting office space, telephone, printing and supplies would cost $15,305.00 for a six-month period. 3. Compliance with applicable requlations. Compliance would not be an issue. Timinq. Coordination services are needed immediately. Advertising positions, interviewing, selecting appropriate candidates and securing office space would take at least two months. Lack of coordination services for two months would have a negative impact on the Drug and Alcohol Abuse Council. P~ECOMMENDATION City Council concur in the imDlementation of Alternative A and authorize the City Manager to execute the sub-grantee agreement. (Copy attached.) Transfer $12,000.00 from temporary employee wages (035-090-9039-1004) to fees for professional services (035-090-9039-2010). Respectfully submitted, W. Robert Herbert City Manager WRH:DSN attachment cc: Assistant City Manager City Attorney Director of Finance Director, Human Resources Grants Monitoring Administrator Human Resources Coordinator Chairman, Roanoke Drug and Alcohol Abuse Council Executive Director, Roanoke Valley Trouble Center ROANOKE DRUG AND ALCOHOL ABUSE COUNCIL Membership: 1990 - 1992 The Honorable Philip Trompeter, Chairman Chief Judge, Roanoke City Family Court P. O. Box 986 Roanoke, VA 24005 City: 981-2389 County: 375-3050 Mr. Henry Altice, Vice-Chairman, Legislative Director Hegira House 1301 Second Street, S.W. Roanoke, VA 24016 343-6332 Ms. Carolyn Barrett Fifth District Employment and Training Consortium 310 Campbell Avenue, $.W. Roanoke, VA 24016 981-2520 Ms. Ellen Brown TAP P.O. Box 2868 Roanoke, VA 24011 345-6781 Mr. Donald S. Caldwell Com~aonwealth's Attorney, 315 Church Avenue, S.W. Roanoke, VA 24016 981-2626 City of Roanoke Mr. Bob Campbell Common Ground 7247 Merriman Road, S.W. Boones Mill, VA 24065 966-7173 Mr. Raleigh Campbell Director, Council of Community Services P.O. Box 598 Roanoke, VA 24004 985-0131 Mr. John M. Chambliss, Jr. Assistant Administrator, Roanoke County P. O. Box 29800 Roanoke, VA 24018 772-2002 Mr. John Clarke, Regional Executive Officer Dominion Bank P. O. Box 13327 Roanoke, VA 24040 563-7000 Ms. Marion V. Crenshaw Coordinator, Office On Youth 215 Church Avenue, S.W. Roanoke, VA 24011 981-2349 Ms. Barbara Duerk Roanoke Neighborhood Partnership 2607 Rosalind Avenue, $.W. Roanoke, VA 24014 343-1616 Rev. Frank Feather Pastor, Forest Park Baptist Church P.O. Box 6297 Roanoke, VA 24017 343-4471 Mr. Gary Fenton Manager, Roanoke Department of Parks and Recreation 210 Reserve Avenue, S.W. Roanoke, VA 24014 981-2237 Dr. Carol Gilbert Director of Trauma Programs, Roanoke Memorial Hospital P. O. Box 13367 Roanoke, VA 24033 981-7000 Ms. Virginia Hardin, Chairman, Prevention Committee Coordinator of Prevention Services, MHS/rv 701 Brandon Avenue, S.W. Roanoke, VA 24015 982-1427 Mr. F. Edward Harris President, Crestar Bank P. O. Box 2867 Roanoke, VA 24011 982-3199 Dr. Cherie Hart~aan, Vice-Chairman, 2423 Stanley Avenue, S.E. Roanoke, VA 24014 985-0151 Prevention Committee Chief Harry Haskins Salem Police Department 36 East Calhoun Street Salem, VA 24153 375-3010 Chief M. David Hooper, Chairman, Enforcement Committee Roanoke City Police Department 309 Third Street, S.W. Roanoke, VA 24011 981-2203 Ms. Evangeline Jeffrey 3731 Wilmont Avenue Roanoke, VA 24017 982-4873 Mr. Forest Jones Assistant City Manager City of Salem 114 North Broad Street Salem, VA 24153 375-3018 Mr. Joe G. Kirby, III Supervisor of Middle and Secondary Education City of Salem School Division 19 North College Avenue Salem, Virginia 24153 389-0130 Mr. John Laa~rt 1010 Dominion Bank Building 213 South Jefferson Street Roanoke, VA 24011 Mr. Jack Liddy Roanoke County Schools 526 College Avenue Salem, VA 24153 387-6451 Mr. Bob Lynn, Chairman, Treatment Committee 535 Mountain Avenue, S.W. 1902 Braeburn Drive Roanoke, VA 24015 Salem, Virginia 24153 772-6405 Mr. Herbert McBride Executive Director Roanoke Redevelopment and Housing Authority P. O. Box 6359 Roanoke, VA 24017 983-9241 Mr. Delvis McCadden, USAir Manager 325 Noble Avenue, N.E. Roanoke, VA 24012 344-4361 Ms. Betty Jo Patsel Coordinator, Substance Abuse Prevention Roanoke City Public Schools 40 Douglas Avenue, N.W. Roanoke, VA 24012 981-2876 Mr. Theo A. Petrocci 16 Walnut Avenue, SW Roanoke, VA 24016 344-3211 Mr. Jim Phipps, Vice-Chairman, Enforcement Committee Court-Community Corrections Program Salem Bank and Trust Building Suite 201 220 East Main Street Salem, VA '24153 389-3526 Ms. Vickie Price Grants Monitor City of Roanoke 215 Church Avenue, Roanoke, VA 24011 981-2141 SoWo Mr. James D. Ritchie Director of HUman Resources City of Roanoke Room 356, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 981-2302 Mr. Mike Yarnell 2140 Berkley Avenue S.W. Roanoke, VA 24015 342-5507 Staff: Ms. Donna Spangler-Norvelle, City of Roanoke 215 Church Ave., SW Room 356 Roanoke, VA 24011 981-2989 Human Resources Coordinator * Updated: 4/30/91 AGREEMENT This agreement, made this lOth day of September 1991, by and between the CITY OF ROANOKE {City) and Roanoke Valley Trouble Center, Inc. (TRUST) The parties hereto agree as follows: I. SCOPE OF SERVICES Consulting in six general areas shall be undertaken by the Consultant. TRUST will provide a senior planning staff member to act as Project Coordinator.} Changes or addition to the scope of services can be made at the discretion of the City, with the consent of the Consultant. All work shall be coordinated with the Director of Human Resources, City of Roanoke, The scope of services shall include the following: Ao Overall responsibility for providing staff support and technical assistance to the Drug and Alcohol Abuse Council and its committees. Includes the following activities; Work in cooperation with the Drug Council chairman and sub-committee chairmen to schedule meetings, prepare meeting agendas, agenda packets, and other necessary materials. Assure that accurate minutes of every Drug Council and sub-committee meeting are maintained and distributed in a timely fashion to appropriate parties. 3. Write reports and press releases as necessary. 4. Communicate regularly and as needed with Council members regarding pertinent information. Work directly under the supervision of the Human Resources Coordinator, Project Director. Keep Project Director informed of activities and joint planning efforts. B. Assist community organizations identify and access resources such as funding and services related to substance abuse. C. Serve as administrator for program's day-to-day activities. Do Coordinate activities relative to the Council and other substance abuse projects as deemed appropriate by the Council or the Director of Human Resources. E. Coordinate annual recognition events for outstanding contributions to the mission of the Drug and Alcohol Abuse Council. F. Overall responsibility for all necessary support services including, but not limited to, clerical, telephone, postage, local travel, and printing. 2. TIME OF PERFORAANCE This agreement shall be for the period of September 10, 1991, through March 10, 1992, totaling six {6) months. ~. FEE__S The total compensation to TRUST for the above staff and scope of service shall be $12,000. This cost includes professional staff time, clerical services, printing and copying, travel, supplies, and all expenses necessary to complete the scope of services. 4. PROPOSED PAYMENT SCHEDULE The $12,000 shall be payable to the consultant in two {2} equal installments upon satisfactory completion of quarterly activities. 5. TERMINATION This Agreement may be terminated by either the City or the Consultant upon written notification thirty {30} days prior to termination. 6. REPORTING The Consultant agrees to submit written performance progress reports to the Project Manager on or before October 15, 1991, and February 15, 1992. 7. COMPLIANCE WITH FEDERAL REGULRTIONS The Consultant agrees to abide by the HUD conditions for CDBG programs as set forth in Attachment A, and all other applicable federal regulations relating to specific programs performed hereunder. All records pertaining to this agreement shall be retained for a period of three {3) years after the expiration date of the Agreement. Appropriate City and/or HUD personnel shall have free access to those Yecords during the Agreement duration and the following three-year time period. 8. INOE~IFICATION The Consultant agrees to indemnify and hold harmless the City:', its officers, agents and employees, from any and all claims, legal actions and judgements advanced against the City and for expenses the City may incur in this regard, arising out the the Consultant's negligent acts or omissions with respect to the rights and privileges granted by the City to the Consultant in this Agreement. 9. CONFLICT OF INTEREST No employee, agent consultant officer or appointed official of the Consultant, who is in a position to participate in a decision-making process or gain inside information with regard to any CDBG activities, may obtain a personal or financial interest in any contract, subcontract, or agreement with respect thereto, or in the proceeds thereunder, either for themselves, their family or business associates, during their tenure or for one {1) year thereafter. 10. LIABILITY COVERAGE The consultant will provide professional liability insurance coverage of an amount of at least $1,000,000.00 naming the City of Roanoke additionally insured. 11. GOVERNING LAW This Agreement shall be governed by the Commonwealth of Virginia. IN gITNESS WHER£OF, the parties hereto have executed this Agreement as of the day and year hereinabove written: ATTEST: CITY OF ROANOKE BY Mary F. Parker, City Clerk BY W. Robert Herbert, City Manager CONSULTANT BY Witness BY TRUST, Executive Director U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SPECIAL TERMS AND CONDITIONS (CONTRACTS OVER $10,000 FOR PROFESSIONAL OR TECHNICAL SERVICES) "Section 3" Compliance in the Provision of Trainin~ Employment and Business Opportunities: The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. The contractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers' representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. The contractor will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development 24 CFR Part 135. The contractor will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR part 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued hereunder prior to the execution of the contract, shall be a condition of the federal financial assistance provided to E:ATTACHMT.PRO 2 the project, binding upon the applicant or recipient for such assistance, its successor and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors and subcontractors, its successors and assigns to those sanctions specified by the grant or loan agreement or contract through which Federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135. Equal Employment Opportunity: Contracts subject to Executive Order 11246~ a~s amended: Such contracts shall be subject to HUD Equal Employment Opportunity regulations at 24 CFR Part 130 applicable to HUD-assisted construction contracts. The Contractor shall cause or require to be inserted in full in any non- exempt contract and subcontract for construction work, or modification thereof as defined in said regulations, which is paid for in whole or in part with assistance provided under this Agreement, the following equal opportunity clause: "During the performance of this contract, the contractor agrees as follows: The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the Contract Compliance Officer advising the said labor union or workers' representatives of the contractor's commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. Do The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, E:ATTACHMT.PRO 3 and will permit access to his books, records and accounts by the Department and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations or orders, this contract may be canceled, terminated or suspended in whole or in part, and the contractor may be declared ineligible for further Government contracts or Federally-assisted construction contract procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by law. The contractor will include the portion of the sentence immediately preceding paragraph {A) and the provisions of paragraphs {A} through (G} in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the Department may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event a contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of such direction by the Department, the contractor may request the United States to enter into such litigation to protect the interest of the United States." The Contractor further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in Federally-assisted construction work; provided, that if the Contractor so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The Contractor agrees that it will assist and cooperate actively with the Department and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations and relevant orders of the Secretary of Labor; that it will furnish the Department and the Secretary of Labor such compliance; and that it will otherwise assist the Department in the discharge of its primary responsibility for securing compliance. The Contractor further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for Government contracts and Federally-assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the Department or the Secretary of Labor pursuant to Part II, Subpart D, of the Executive Order. In addition, the Contractor agrees that if it fails or refuses to comply with these undertakings, the Department may take any or all of the following actions: cancel, terminate or suspend in whole or in part the grant or loan guarantee; refrain from extending any further assistance to E:ATTACHMT.PRO 4 the Contractor under the Program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from such Contractor; and refer the cause to the Department of Justice for appropriate legal proceedings. Nondiscrimination Under Title VI of the Civil Rights Act of 1964: This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 {P.L. 88-352} and HUD regulations with respect thereto, including the regulations under 24 CFR Part 1. In the sale, lease or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, the Contractor shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination upon the basis or race, color, religion, sex or national origin, in the sale, lease or rental, or in the use of occupancy of such land or any improvements erected or to be erected thereon, and providing that the Contractor and the United States are beneficiaries of and entitled to enforce such covenant. The Contractor, in undertaking its obligation in carrying out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant and will not itself so discriminate. Obligations of Contractor with Respect to Certain Third-party Relationships: The Contractor shall remain fully obligated under the provisions of the Agreement, notwithstanding its designation of any third party or parties for the undertaking of all or any part of the program with respect to which assistance is being provided under this Agreement to the Contractor. Any Contractor which is not the Applicant shall comply with all lawful requirements of the Applicant necessary to insure that the program, with respect to which assistance is being provided under this Agreement to the Contractor is carried out in accordance with the Applicant's Assurances and certifications, including those with respect to the assumption of environmental responsibilities of the Applicant under Section 104(h) of the Housing and Community Development Act of 1974. Interest of Certain Federal Officials: No member of or delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this Agreement or to any benefit to arise from the same. Interest of l~mberst Officers or Employees of Contractort Nembers of Local Govermnt Body, or Other Public Officials: No member, officer or employee of the Contractor, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his tenure, or for one (1) year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under the Agreement. The Contractor shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this section. Prohibition Against Payments of Bonus or Co.mmission: The assistance provided under this Agreement shall not be used in the payment of any bonus or commission for the purpose of obtaining HUD approval of the application for E:ATTACHMT.PRO 5 o 10. such assistance, or HUD approval or applications for additional assistance, or any other approval or concurrence of HUD required under this Agreement, Title I of the Housing and Community Development Act of 1974, or HUD regulations with respect thereto; provided, however, that reasonable fees or bona fide technical, consultant, managerial or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as program costs. "Section 109': This Agreement is subject to the requirements of Section 109 of the Housing and Community Development Act of 1974, 42 U.S.C. 3535(d). No person in the United States shall on the ground of race, color, religion, sex or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds available under this title. Access to Records and Site of Emploffment: This Agreement is subject to the requirements of Executive Order 11246, Executive Order 1375, Civil Rights Act of 1964, as amended. Access shall be permitted during normal business hours to the premises for the purpose of conducting on-site compliance reviews and inspecting and copying such books, records, accounts, and other material as may be relevant to the matter under investigation and pertinent to compliance with the Order, and the rules and regulations promulgated pursuant thereto by the Contractor. Information obtained in this manner shall be used only in connection with the administration of the Order, the administration of the Civil Rights Act of 1964 (as amended) and in furtherance of the purpose of the Order and that Act. Records: All records pertaining to this Agreement and the services performed pursuant to it, shall be retained for a period of thr~e {3) years after the expiration date of the Agreement. Appropriate City and/or HUD personnel shall have free access to those records during the Agreement duration and the following three-year time period. E:ATTACHMT.PRO ,MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Vh'ginia 24011 Telephone: (703)981-2541 September 11, 1991 File #60-72-184 SANDI~A H. EAKIN Deputy City Clerk Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 30697-90991 amending and reordaining certain sections of the 1991-92 General Fund Appropriations, providing for appropriation and transfer of $100,519.00 to various Social Services Expenditure accounts, in connection with six additional positions which weim funded for the Department of Social Services by the State Department of Social Services. Ordinance No. 30697- 90991 was adopted by the Council of the City of Rqanoke at a regular meeting held on Monday, September 9, 1991. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: ra Ene. pc: Mr. W. Robert Herbert, City Manager Mr. James D. Ritchie, Director of Human Resources Ms. Corinne B. Gott, Superintendent of Social Services Mr. George C. Snead, Jr., Director of Administration and Public Safety Mr. Kenneth S. Cronin, Manager, Personnel Management IN THE COUNCIL OF THE CITY OF RO~,,NO~E~ V~R~IN~& The 9th Day of September, 1991. No. 30697-90991. AN ORDINANCE to amend and reordain certain sections of the 1991-92 General Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1991-92 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Health and Welfare Income Maintenance (1-6). Services (7-12> .......... bplolument Services (12-18) ........................ Nondepartmental Contingency - General Fund (19) .................... $19,267,115 4,512,488 12,253,736 78,020 12,004,575 343,245 Revenue Grants-in-Aid Commonwealth $52,204,400 Welfare (20-22) .................................... 8,281,630 1) Salaries 2) Retirement 3) F.I.C.A. 4) Hospital Insurance 5) Dental Insurance 6) Life Insurance 7) Salaries 8) Retirement 9) F.I.C.A. 10) Hospital Insurance 11) Dental Insurance 12) Life Insurance 13) Salaries (001-054-5313-1002) $ 24,428 (001-054-5313-1105) 3,027 (001-054-5313-1120) 1,868 (001-054-5313-1125) 2,904 (001-054-5313-1126) 192 (001-054-5313-1130) 178 (001-054-5314-1002) 14,914 (001-054-5314-1105) 1,848 (001-054-5314-1120) 1,141 (001-054-5314-1125) 1,452 (001-054-5314-1126) 96 (001-054-5314-1130) 109 (001-054-5316-1002) 44,742 14) Retirement 15) F.I.C.A. 16) Hospital Insurance 17) Dental Insurance 18) Life Insurance 19) Contingency 20) Public Assistance Administration 21) Employment Services 22) Direct Services (001-054-5316-1105) $ 5,543 (001-054-5316-1120) 3,423 (001-054-5316-1125) 4,356 (001-054-5316-1126) 288 (001-054-5316-1130) 326 (001-002-9410-2199) (10,432) (001-020-1234-0676) 26,077 (001-020-1234-0681) 58,678 (001-020-1234-0685) 15,648 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk RECEtVED CITY c~ ~ .......- '91 ~ -5 Pi2:08 September 9, 1991 The Honorable Mayor and Members of City Council Roanoke, Virginia Mayor and Members of Council: SUBJECT: ADDITIONAL ~OSITIO~S FUNDED FOR SOCIAL II. I. BACKGROUND The General Assembly, during the 1991 Session, appropriated funds for additional staff positions for local agencies of Social Services, because of growth in caseloads. State Department of Social Services allocated additional funding to Roanoke City for 6 new positions for Budget Year 1991/92. Co Agency knowledge of Roanoke's share of these funds became known after the adoption of the City's Budget for FY 91/92, New State funds cannot be used to supplant already vacant positions. CURRENT SITUATION A. New positions will be utilized in the following programs: 1. Two Medicaid Eligibility Workers. a) Medicaid caseloads have grown 16% in one year because of Federal expansion of coverage. b) Current staff cannot complete required investigations for eligibility determinations within time frames established by policy. 2. One Child Protective Services Worker. a) Problems are becoming more complex in dysfunctional families. b) Current staff cannot complete investigations in a timely fashion. Three Employment Services Workers. a) Enactment of the Federal JOBS Bill has doubled the number of clients mandated to participate in job search and education. b) Goal of self-sufficiency is not being met for all eligible clients. Pa~e T~o III. IV. B. Cost of new positions for 9 months in FY 91/92 are as follows:. Total cost of two Eligibility positions and one Service position will be $52,216 which will be 80% reimbursed by the State ($41,773) and 20% local cost ($10,443). Total cost of three Employment Service Workers will be $58,746 which is 100% reimbursed by the State. ISSUES A. Services to citizens. B. Funding. C. Legal.. ALTERNATIVES City Council approve this request and establish six additional positions for the Department of Social Services. Services to citizens - Agency will be able to provide mandated services in a more timely fashion which will relieve suffering and restore self-sufficiency. 2o Funding to provide the required 20 percent match ($10,443) is available in the General Fund Contingency Account. Legal - City will be able to improve performance in mandated areas and, therefore, reduce risk of litigation. Do not approve our request to establish six new positions for the Department of Social Services. Services to Citizens - Agency will not be able to provide protection and mandated services timely in order for citizens to become self-sufficient. 2. Funding - City will not be able to access available funds at the State level. 3. Legal. a) City may become involved in Class Action Suit because it is out of compliance in Medicaid time frames. b) City may be at risk if response to Child Abuse complaints are not timely. V. RECOMMENDATION City Council concur in the implementation of Alternative A and authorize the following: Page Three Increase revenue and expenditure estimates of $100~519 of funds received from the State Department of Social Services and corresponding increases in Social Services Expenditure Accounts as follows: A. Revenue Accounts 001-020-1234-0676 001-020-1234-0681 001-020-1234-0685 P.A. Administration $ 26,107 Employment Services 58,746 Direct Services 15,666 $100,519 B. Expenditure Accounts 001-054-5313 001-054-5316 Income 001-054-5314 Employment Account Maintenance Services Services Salaries 1002 $19,542 $11,931 $44,742 Retirement 1105 2,422 1,478 5,543 F.I.C.A. 1120 1,494 913 3,423 Hospital Ins. 1125 2,323 1,162 4,356 Dental Ins. 1126 154 77 288 Life Ins. 1130 142 87 326 $26,077 $15,648 $58,678 2o Transfer $10~443 from the General Fund Contingency Account #001-002-9410-2199 to the Department of Social Services as follows: 001-054-5313 Income 001-054-5314 Account Maintenance Services Salaries 1002 $ 4,886 $ 2,983 Retirement 1105 605 370 F.I.C.A. 1120 374 228 Hospital Ins. 1125 581 290 Dental Ins. 1126 38 19 Life Ins. 1130 36 22 $6,520 $3,912 Respectfully submitted, W. Robert Herbert City Manager CC Wilburn C. Dibling, City Attorney Joel M. Schlanger, Director of Finance James D. Ritchie, Director of Human Resources Corinne B. Gott, Superintendent of Social Services MARY F. P~ City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703)981-2541 September 11, 1991 File #468B SANDlOt H. F. AKIN Deputy City Clerk My. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 30699-90991 authorizing execution of a contract with Dewberry & Davis to provide engineering services for Phase II of Carvins Cove Improvements, upon certain terms and conditions, in the amount of $1,072,816.00. Resolution No. 30699-90991 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 9, 1991. MFP: va Eno. pc: Sincerely, Mary F. Parker, CMC/AAE City Clerk Mr. Steven Hively, Dewberry & Davis, 5238 Valley Point Parkway, Suite One- B, Roanoke, Virginia 24019 Mr. Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Mr. Sarah E. Fitton, Construction Cost Technician Mr. Kit B. Kiser, Director of Utilities and Operations IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th Day of September, t991. No. 30699-90991. A RESOLUTION authorizing the execution of a contract with Dewberry & Davis to provide engineering services for Phase II of the Carvins Cove Improvements, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager or Assistant City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, an agreement with Dewberry & Davis for the provision by such firm of engineering services for Phase II of the Carvins Cove Improvements, as more particularly set forth in the September 9, 1991, report of the City Manager to this Council. 2. The contract authorized by this resolution shall be in the amount of $1,072,816.00. 3. The form of the contract with such firm shall be approved by the City Attorney. ATTEST: City Clerk. MARY F. PARKER City Clerk CITY OF ROANOI i - OFFICE OF THE CITY CLERK 215 Church Avenue. $.W.. Room 45~ Roanoke. V~r~dnia 24011 Telephone: (703)981-2541 September 11, 1991 File #60-468B SANDRA H. EAKIN Deputy City Clerk Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 30698-90991 amending and reordaining certain sections of the 1991-92 Water Fund Appropriations, providing for appropriation of $1,142,816.00 of anticipated bond proceeds to Car,'ins Cove Improvements Phase II, in connection with award of an engineering services reimbursement, cost ceiling contract, for design services with Dewberry and Davis. Ordinance No. 30698-90991 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 9, 1991. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: ra Enc o pc: Mr. W. Robert Herbert, City Manager Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Mr. Sarah E. Fitton, Construction Cost Technician Mr. Kit B. Kiser, Director of Utilities and Operations AN 1991-92 emergency. WHEREAS, Government of exist. THEREFORE, Roanoke that Appropriations, IN THE COUNCIL OF THE CITY OF ROANOKE,VIRGINIA The 9th Day of September, 1991. No. 30698-90991. ORDINANCE to amend and reordain certain sections Water Fund Appropriations, and providing of the for an for the usual daily operation of the Municipal the City of Roanoke, an emergency is declared to BE IT ORDAINED by the reordained to read as follows, Council of the City of 1991-92 Water Fund hereby, amended and certain sections of the be, and the same are in part: ADDroDriations Capital Outlay from Revenue Carvins Cove Improvements Phase II (1) ............. $ 2,997,717 1,142,816 Revenue Revenue Bonds Receivable (2) ....................... $ 1) Approp. from Bonds 2) Revenue Bonds Receivable (002-056-8364-9001) (002-1258) 1,142,816 (1,142,816) 1,142,816 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Honorable Mayor and Members of Roanoke, Virginia CITY C ~-~-~.~c Roanoke, Virginia , 1 1 Septemb~ ~ [_~ ~2~09 City Council SUBJECT: Carvins Cove Improvements, PhaSe II Dear Members of Council: I. Backqround: Water System Capital Improvement Proqram was approved by City Council on June 24,1991 to make an expansion of and renovation to the Carvins Cove Treatment Plant, and distribution systems and other associated work. For the sake of expediency, funding and ease of construction, it was decided to divide the work into two design phases. Phase II scope of work is detailed in Section II E. Phase I comprised all other work to the reservoir including increasing the capacity of the intake tower, upgrade of the existing low lift pump station, and upgrade of the existing plant. II. Current situation is that Engineering Services Qualification Proposals for the necessary design were publicly advertised and received from: Dewberry & Davis Piedmont Olsen, Inc. Hayes, Seay, Mattern & Mattern, Inc. Finkebeiner, Pettis & Strout, Ltd. Mattern & Craig, Inc. (in association with Alvord, Burdick and Howson) Olver, Incorporated Selection of the firms for consideration was based on the following criteria: 1. Qualification of personnel. 2. Time available to meet schedule. Experience in design of water treatment facilities. 4. Ability to produce project on time. Page 2 Eo Local accessibility for project coordination and cooperation. 6. Response to request for proposal. 7. Past record with the City of Roanoke. Interviews were held with all firms as they were all deemed qualified. Staff team included Charles M. Huffine, P.E., City Engineer; L. Bane Coburn, Civil Engineer II; M. Craig Sluss, Manager, Water Department; and Dianna L. Likens, Civil Engineer I. Dewberry & Davis was selected as the most qualified firm due to their experience designing water transmission mains and storage facilities. Phase II & Davis tasks. neqotiations were conducted with Dewberry for the necessary design work and related Scope of work to be performed in Phase II includes: New parallel transmission main from the plant to Crystal Spring including tie ins to the existing line and pump stations. Additional water storage (two 1.0 MG storage facilities) for the gravity distribution system. Cost reimbursement fee for engineering services is based on actual manhours used to complete all phases of the design. Dewberry & Davis, in following this billing procedure, offers reasonable manhour pay rates and an acceptable cost ceiling. Cost reimbursement fee offers the most cost effective contract due to the uncertainty of the final routing of the transmission main. Basic services is equal to 5% of the current total estimated construction cost of $12~433~000.00 for Phase II. This fee is below guidelines set forth in the Commonwealth of Virginia Capital Outlay Manual to design facilities in (E) Scope of Page 3 Work as well as preparation of all contract documents and construction administration. Ail mapping (approximately 14 miles) will be accomplished through the City's mapping project in order to prevent doing this mapping twice. This will save approximately $150,000.00. The $40,000.00 budget figure listed below is funding to provide mapping for the Carvins Cove Phase II project as part of the City's current mapping project. Additional services to include public hearings and presentations, geotechnical surveys, easements, and reproduction costs. Cost breakdown: Basic Services $693,868.00 Additional Services (See above) $178,948.00 Resident Construction Engineers $200,000.00 Subtotal $1,072,816.00 Mapping (By others) $40,000.00 TOTAL $1,112,816.00 Resident Construction Enqineers is based on one inspector for two years to inspect Phase II construction. III. Issues in evaluating the proposal and awarding contracts to firms known to be qualified are: B. C. D. Inclusion of proper work scope Ability to meet time schedules Reasonableness of fee Availability of fundinq Page 4 IV. Alternatives for providing the necessary work are: Award engineering services reimbursement with cost ceiling contract to Dewberry & Davis in the amount of $1~072~816.00, establish an allowance of $40f000.00 for mapping, and establish a contingency amount of $30f000.00 with a schedule of 270 days for design work. Inclusion of proper work scope has been reviewed and verified. Ability to meet time schedule has been demonstrated and firm is ready to begin immediately. Reasonableness of fee has been established through guidelines set forth in the Commonwealth of Virginia Capital Outlay Manual as well as contract allowances with a cost ceiling. Dewberry & Davis set a cost ceiling of $1,072,816.00. Funding is available from the future sale of the water bonds to be sold for this purpose. Do not award engineering services reimbursement with cost ceiling contract to Dewberry & Davis in the amount of $1,072~816.00. Inclusion of proper work scope would have to be deferred to the City or other consultants. Ability to meet time schedule would be jeopardized. 3. Reasonableness of fee cannot be assured. Fundinq would remain available from the future sale of water bonds to be sold for this purpose. Page 5 WRH/DLL/mm cc: Recommendation: Authorize the City Manager to execute a professional services contract in a form approved by the City Attorney with Dewberry & Davis in the amount of $1~072~816.00, establish an allowance of $40,000.00 for mapping, and establish a contingency amount of $30~000.00 with a design schedule of 270 days in accordance with Alternative "A". ApDropriate $1~142~816.00 of anticipated bond proceeds to an account to be established by the Director of Finance for the Carvins Cove Improvements, Phase II. Respectfully submitted, W. Robert Herbert City Manager City Attorney Director of Finance Director of Public Works Director of Utilities & Operations City Engineer Construction Cost Technician M-AI~ F. PAI~F~R City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S.W. Room 456 Roanoke, Virginia 24011 Telephone: (703)981-2541 September 11, 1991 File #60-133 SANDRA H. F. AKIN Deputy City Clerk Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 30700-90991 amending and reordaining certain sections of the 1991-92 Grant Fund Appropriations, providing for appropriation of $167,848.00 to Federal Investigation - Subsidy, in connection with acceptance of additional funds from the U. S. Department of J~stice for the Forfeited Property Sharing Program. Ordinance No. 30700-90991 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 9, 1991. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: ra Eric. pc: Mr. W. Robert Herbert, City Manager Mr. George C. Snead, Jr., Director of Administration and Public Safety Mr. Barry L. Key, Manager, Office of Management and Budget ~N THE COUNCIL OF THE C~TY OF ROANO~E~ V~R~INI~ The 9th Day of September, 1991. No. 30700-90991. AN ORDINANCE to amend and reordain certain sections of the 1991-92 Grant Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1991-92 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ApproPriations Public Safety Federal Investigation Subsidy (1) ................... $1,248,528 474,412 Public Safety Federal Investigation Subsidy (2) ................... 1) Investigations and Rewards (035-050-3300-2150) $167,848 2) Federal Investigation Subsidy (035-035-1234-7060) 167,848 $1,248,528 474,412 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk RECE~¥ED CITY CLERXS '91 SEP-5 P]2:08 Roanoke, Virginia September 9, 1991 Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Sharing Federally Forfeited Property I. Backqround: Conqress amended 81 USC. Sec. 881 el-4, Octooer, 1986~ which authorized the transfer of certain federally forfeited property to state and local law enforcement agencies that participated in the investigation and seizure of the property. Application for an equitable share of property seized by local law enforcement must be made to the U. S. Department of Justice and certified by the City Attorney as to the appropriate agency and representative to receive the property and that the transfer is not prohibited by state and local law. Property (including funds shared with state and local agencies) may be used only for the purpose stated in the application, i.e., narcotics investigations related to law enforcement. The aqency reouesti~g the transfer of property agrees to pay fees and expenses necessary to effect the transfer~ January 4, 1988, Couneil~ at its regular meeting, authorized the Director of Finance to establish grant fund accounts from which funds may be dispersed in accordance with provisions of this program~ II. Current Situation: A. Police Department periodically from sharing program· receives additional funds the federal government's asset City Couecil action is needed to accept additional funds to be dispersed in accordance with provisions of the program. Revenues collected from January 4~ 1988 to August 1991 for this grant are $494,411.51 and deposited in Grant Account Number 035-035-1834-7060 and 035-035-1~34--9084. The current revenue estimate is $306,564.00. Funding received in excess of the revenue estimate, of $167,847.51 needs to be appropriated at ~his time. Subject: Shat ing Mayor and Members of Council Federally Forfeited Property Page 2 III. Issues: A. Need B. Funds Availability IV. Alternatives: City Council accept additional <$167,847.51) funds from U. S. Department of Justice, Forfeited Property Sharing Program and authorize the Director of Finance to increase appropriate accounts so that funds can be expended in accordance with program requirements. Need exists to provide additional funds and investigations. Funds availability will be controlled by effectiveness of investigations through assets seized and forfeited in ~oint investigations with federal agencies. City Council re~ect assets from Federal Forfeiture Sharing Program and not authorize Director of Finance establish appropriate accounts for such assets. i. Need for supplemental funds enabling increased effectiveness of undercover drug enforcement will not be met. to Funds will not be applied for or received from the Federal Forfeiture Sharing Program. Recommendation is that Council accept assets from the Federal Program and: approve Alternative "A" to Forfeited Property Sharing Appropriate $1677849-51 to the following grant fund account: Investigations and Rewards (035-050-3300-2150) Increase the revenue estimate for this grant by $1677847.51. (Account 035-©35--1234-7060) W. Robert Herbert City Manager WRH:MDH/kr Subject: Sharing Mayor and Members of Council Federally Forfeited Property Page 3 CC: City Attorney Director of Finance Director of Administration/Public Safety MARY F. PAI/~ER City Clerk CITY OF ROANOIx OFFICE OF THE CITY CLERK 215 Church Avenue. S.W., Room 456 Roanoke. Virginia 2401! Telephone: (?03)98!-2S4! September 11, 1991 File #236 SANDRA H. EAKIN Deputy City Clerk The Honorable James R. Olin Representative, United States Congress Room 1314, Long~vorth House Office Building Washington, D. C. 20515 Dear Congressman OHn: I am enclosing copy of Resolution No. 30701-90991 urging the United States Congress to continue the Community Development Block 'Grant ("CDBG") Program with appropriate increases in funding. Resolution No. 30701-90991 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 9, 1991. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: ra Enc. ~ F. P.~KER City Clerk CITY OF ROANOKI OFFICE OF THE CITY CLERK 215 Church Avenue. S.W.. Room 456 Roanoke, Virginia 24011 Telephone: (703)981-2541 September 11, 1991 File #236 ,~DI~J~ H. EAKIN Depuw Cir'] Clerk The Honorable Charles S. Robb Member, United States Senate 517 Hart Office Building Washington, D. C. 20510 Dear Senator Robb: I am enclosing copy of Resolution No. 30701-90991 urging the United States Congress to continue the Community Development Block'Grant ("CDBG") Program with appropriate increases in funding. Resolution No. 30701-90991 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 9, 1991. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: ra Enc. MARY F. PAP. J~.R Cit~ Clerk CITY OF ROANOKI . OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703)981-2541 September 11, 1991 File #236 SANDRA H. F. AKIN Deputy City Clerk The Honorable John W. Warner Member, United States Senate Room 225, Russell Senate Office Building Washington, D. C. 20510 Dear Senator Warner: I am enclosing copy of Resolution No. 30701-90991 urging the United States Congress to continue the Community Development Block 'Grant ("CDBG") Program with appropriate increases in funding. Resolution No. 30701-90991 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 9, 1991. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: ra Eno. IN THE COUNCIL OF THE CITY OF ROANOKE, The 9th Day of September, 1991. No. 30701-90991. VIRGINIA, A RESOLUTION supporting continuation of the Community Development Block Grant ("CDBG") Program with appropriate increases in funding. WHEREAS, the Community Development Block Grant ("CDBG") Program, which began in 1975, is the final remnant of a once proud and effective partnership between the Federal government and the nation's cities; WHEREAS, as an entitlement community, this City's CDBG funding has varied from a high of approximately $2.6 million in Fiscal Year a low of approximately $1.5 million in Fiscal Year the City's entitlement for Fiscal Year 1991-1992 is and, with this entitlement and program income, approximately $11.5 million worth of projects will be undertaken; WHEREAS, with its CDBG entitlement, during this fiscal year, the City will rehabilitate 100 to 120 homes and create approximately 270 jobs; and WHEREAS, the City's CDBG Program funds 45 to 50 individual projects annually including housing rehabilitation, job creation, the Roanoke Neighborhood Partnership, planning activities, mini- grants for neighborhoods and community services, such as drug abuse prevention and treatment activities; 1980-1981 to 1988-1989; WHEREAS, $1,767,000 MARY F. PARKER Cit~ Clerk CITY OF ROANOKI OFFICE OF THE CITY CLERK 215 Church Avenue. S.W. Room 456 Roanoke, Virginia 24011 Telephone: (703)981.2541 September 11, 1991 File #67-467-33 T~/VDRA H. F. AI(IN Depuo' CiO' Clerk Mr. Clay L. Dawson, President Northwest Recreation Club P. O. Box 6232 Roanoke, Virginia 24017 Dear Mr. Dawson: I am enclosing four copies of Ordinance No. 30677-90991 authorizing the Northwest Recreation Club to construct a permanent structu, re at Westside Elementary School bailfield, upon certain terms and conditions. Ordinance No. 30677-90991 was adopted by the Council of the City of Roanoke on first reading on Monday, August 26, 1991, also adopted by the Council on second reading on Monday, September 9, 1991, and shail be in full force and effect at such time as a copy, duly signed and attested by officers of the Northwest Recreation Club, has been filed in the City Clerk's Office. Please sign and return three copies of Ordinance No. 30677-90991 to the City Clerk's Office, Room 456, Municipai Building, Roanoke, Virginia 24011. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: ra Eno. pc: Mr. W. Robert Herbert, City Manager Mr. George C. Snead, Jr., Director of Administration and Public Safety Mr. Gary N. Fenton, Manager, Parks and Recreation/Grounds Maintenance Mr. Lynn Vernon, Parks Planner Mr. Wililam F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Ms. Lauren G. Eib, Risk Management Officer Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Barry L. Key, Manager, Office of Management and Budget Mr. Richard L. Kelley, Executive for Business Affairs and Clerk of the Board, P. O. Box 13105, Roanoke, Virginia 24031 IN THE COUNCIL OF THE CITY OF ROANOKE, The 9th Day of September, 1991. No. 30677-90991. VIRGINIA AN ORDINANCE authorizing the Northwest Recreation Club to construct a permanent structure at Westside Elementary School ballfield, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The Northwest Recreation Club is hereby authorized to construct a permanent restroom, concession and storage structure at Westside Elementary School ballfield, in such location, and of such materials and design as may be approved by the City Manager and the Superintendent of Schools. 2. This authorization is subject to approval by the School Board of the City of Roanoke and is further subject to submission to the City Manager of proof of adequate financial resources to permit completion of the project and receipt by the Northwest Recreation Club of all required permits from the Building Commissioner. 3. The Northwest Recreation Club shall give prior notice to the City and School Administration of its intention to commence construction. 4. Upon completion, the Northwest Recreation Club shall have the right to use the aforesaid structure, subject to such reasonable rules and regulations as may be established by the City Manager. The Council reserves the right to cause this use to be discontinued at any time for good cause. 5. The Northwest Recreation Club shall be solely responsible for the maintenance and upkeep of the aforesaid structure for such period of time that it is used by the said organization. 6. Upon completion of the aforesaid structure, the structure shall become the property of the City of Roanoke. 7. The Northwest Recreation Club agrees that it, its officers, agents, grantees, assigns, or successors in interest shall indemnify and hold harmless the City of Roanoke, the School Board of the City of Roanoke, and their respective officers, agents and employees, from any and all claims, legal actions, Judgments and expenses which may be incurred in this regard, arising out of the construction, maintenance or use of the aforesaid structure. 8. The City Clerk shall transmlt an attested copy of this ordinance to the Northwest Recreation Club. 9. If construction of the structure has not been completed to the satisfaction of the City Manager within eighteen (18) months of the date of this ordinance, authorization to construct such structure shall be revoked, and the Northwest Recreation Club shall remove all materials and equipment from the site. 10. This ordinance shall be in full force and effect at such time as a copy, duly signed and attested by the duly authorized AU:S 22 Ag" ' Roanoke, Virginia Augl/st 26, 1991 Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Northwest Recreation Clnh has requested permission from the City to construct a new permanent building at Westside Ball Field behind existing baseball backstop. Refer to Attachment "A". Four~ for requesting construction of a new building are: Concessio____~nstand improvements are needed to better serve spectators and participants. Concession sales is a major source of revenue for Club. Larger storaqe area is necessary to handle quantity and variety of existent athletic equipment. Permanent rest room facilitie~ would eliminate need for portable toilets at site. Meetin s ace would be available for Club related activities such as team meetings. Mayor and Members of Council August 26, 1991 Page 2 Ce Similar facilities have been constructed and are being successfully operated by other City Recreation Clubs such as Williamson Road Recreation Club (Breckinridge Field), Southeast Recreation Club (Jackson Park) and Wilmont Recreation Club (Strauss Park). II. CU~NT SITUATION: Cit~ncil authorization is required prior to allowing construction of a permanent building on City or School property. Representatives of City Schools have met with Northwest Recreation Club and are not opposed to proposed construction. Refer to Attachment "B". School Board approved the proposed project at its August 13, 1991 meeting. Northwest Recreation Cl~h has raised approximately $20,000.00 for material costs and have received assurances for gratis construction assistance. III. ae B. C. D. E. F. Need for facility. Use of public property. Cost of construction. Desiqn of building. Time of construction. Indemnification and hold harmless provisions. IV. ALTERNATIVEs: ADDrove request of Northwest Recreation Club to construct a new permanent building at Westside Ball Field. Need for an adequate facility to better serve both participants and spectators of City's Sandlot sports program in Northwest Roanoke would be met. Mayor and Members of Council August 26, 1991 Page 3 Be Use of public property for the building would be appropriate due to public access and benefit. City will own the building upon completion. Cost of construction, operation and maintenance would be solely the responsibility of Northwest Recreation Club. Prior to beginning construction, proof of financial resources necessary to complete construction would be submitted to and approved by Director of Finance. No City or School funds would be required. Design of building and final plans would be subject to approval of Building Commissioner, City and School Staff prior to commencement of any construction. Time of completion would be within eighteen (18) months of authorization. 6e Indemnification and hold harmless provision? would be stipulated by City Attorney in order to protect the City. Deny request of Northwest Recreation Club to construct a new permanent building at Westside Ball Field. 1. Need for facility improvements would not be addressed. 2. Use of public property would not be an issue. Cost of construction, operation and maintenance would be moot. However, City funding may be needed should project be pursued at a later date. 4. Design of building would not be necessary. 5. Time of construction would be inconsequential. Indemnification and hold harmless Drovision~ would not be required. Mayor and Members of Council August 26, 1991 Page 4 ~ is that City Council concur with Alternative "A" and approve request of Northwest Recreation Club to construct a new permanent building at Westside Ball Field, subject to certain terms and conditions as stipulated by City Attorney. Respectfully submitted, W. Robert Herbert City Manager WRH/LBV:cvs Attachments cc: Mr. Clay L. Dawson, President Northwest Recreation Club P.O. Box 6232 Roanoke, VA 24017 Richard L. Kelley, Executive of Business Affairs Roanoke City Public Schools City Attorney Director of Finance Director of Administration and Public Safety Director of Public Works Director of Utilities and Operations Manager, Office of Management and Budget City Engineer Risk Management Officer Manager, Recreation, Parks and Grounds Maintenance Citizens Request for Services Parks Planner Northwest Recreation Club ' P.O. Box # 6232 Roanoke, Virginia 24017 May 15, 1991 Honorable Noel C. Taylor Mayor, City of Roanoke Municipal Building, Room 452 215 Church Avenue, S.W. Roanoke, VA 24011 Dear M~yor Taylor: The Northwest Recreation Club was formed in 1963 to provide ~ variety of quality youth athletic and recreational activities and opportunities for boys and girls from age 6 to age 18. Our nonprofit organization currently offers programs in Baseball, T-ball, Softball, Football, Basketball and Cheerleading for youngsters living in the Northwest area of the City. We register approximately 1000 children a year in our various programs. The organization has utilized the Westside Elementary School ball field for our football and baseball practices and games for almost 30 years. In 1965, the Club constructed a 200 square foot building adjacent to the ball field to serve as our concession and storage facility. In 1985, the City greatly improved the site by: constructing a paved parking area; replacing the backstop and fencing; providing concrete walkways, bleacher pads and player areas. This fall we are looking forward to the City project that will improve the ball field lighting. Our purpose in writing you is to express the appreciation of this Club for the many improvements that have been made over the years and to formally request permission from the City of Roanoke to allow our organization to construct a new permanent building at the Westside Ball Field behind the baseball backstop. The proposed structure would replace the existing 26 year old concession/storage building. The new ~ilding would offer larger concession and storage space, it would include much needed permanent restroom facilities and it would provide a location for Club related meetings and activities. Honorable Noel C. Taylor Page 2 May 15, 1991 We are willing to work closely with the various City Departments to insure that the design and construction of the new building will be adequate for our needs, safe for the users and attractive for the neighborhood. Towards this project, the Club has raised approximately $20,000.00 for the purchase of building materials and we have obtained the co~itment from a number of local contractors and volunteers willing to donate their time and labor. We believe that the proposed building will enhance the overall quality of our programs, vastly improve the use of the facility and benefit thousands of participants and spectators in the Northwest area of the City. Your utmost consideration in granting permission to the Northwest Recreation Club to construct a new building at the Westside Ball Field will be greatly appreciated. Should you, any Council Member or the City Staff have any questions or require additional information with regard to our request, please do not hesitate to call me at 562-2030. Sincerely, Clay L. Dawson, President Northwest Recreation Club cc: James M. Turner, Jr., Chairman, Roanoke City School Board Dr. Frank P. Tota, Superintendent, Roanoke City Public Schools W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney George C. Snead, Director, Administration and Public Safety Richard L. Kelley, Executive for Business Affairs, Roanoke City Public Schools Gary N. Fenton, Manager, Parks, Recreation and Grounds Maintenance CLD:ww Roanoke City Public Schools Division of Business Affairs * P. O. Box 13105, Roanoke, Virginia 24.031 June 3, 1991 Mr. Gary Fenton, Manager Parks, Recreation, and Grounds Maintenance City of Roanoke Roanoke, VA 24011 Dear Gary: Please see the atta=hed memorandum regarding the Northwest Recreation Club's request for improving facilities adjacent to Westside Elementary School. Our Director of School Plants, Mr. Carroll Swain, is the point of contact for this project. Sincerely, Richard L. Kelley Executive for Business Affairs rg cc: Mr. Swain Mrs. Wright JUN 0 $i1991 ~ Excellence in Education ~/,--- Roanoke ~ City Public Schools Division of ~]usisess Affairs · P, O. Box 13105, Roanoke, Virginia 24031 May 31, 1991 TO: Mr. Richard L. Kelley, Executive For Business AFfairs FROM: '~Karroll E. Swain, Director o£ ~inda Wright, Princi School P]ants pal, Westside Elementary School RE: Northwest Recreation Club Request Please refer to the request From the Northwest Club (Enclosure 1). Recreation On May 30, 1991, an on-site meeting was conducted with Mr. Clay L. Dawson, President of the Club, who presented drawings (Enclosure 2) of the proposed masonry struct]re. It was agreed by all that the construction would promote convenience For participants and enhance athletic activities in the area. The structure is to be placed on property owned by the City oF Roanoke and will not degrade the arch1tectural integrity oF the school building. It is recommended that City Schools not offer objections to the proposed construction. However, it should be indicated that iF the drawings presented at our meeting o£ May 30, 1991 is modified or altered, City Schools should be provided the opPortunitj.. For Further review. lnl Enclosures cc: Mr. Joseph L. Cason, Coordinator o£ Maint/Constr. Systems Excellence in Education THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The United States Congress is urged to continue the CDBG Program with appropriate increases in funding. 2. The City Clerk is directed to forward attested copies of this resolution to the Honorable John W. Warner, United States Senate, the Honorable Charles S. Robb, United States Senate, and the Honorable Jim Olin, House of Representatives. ATTEST: City Clerk. CITY OF ROANOKE OFFICE OF THE CITYA'FrORNEY 4~4 MUNICIPAL BUILDING ROANOI~-, 'VIF~INIA 24011-15~5 WILBURN C. DIBUNG, JR, September 9, 1991 RECE CITY m ~1 ~.P-4 41:02 ~ILLIAM X PAR~ON$ MARK ALLAN W~LUAM$ STEVEN J. TALEVI KATHLEEN MARIE KRONAU The Honorable Mayor & Members of city Council Roanoke, Virginia Re: Community Development Block Grant Proqram Dear Mrs. Bowles and Gentlemen: Recommendation No. 6 of the Mayor's State of the City Address, delivered on August 12, 1991, was that the City voice strong support for continuation of the Community Development Block Grant Program. The attached resolution complies with the Mayor's recommendation which was referred to me for action. With kindest personal regards, I am Sincerely yours, Wilburn C. g, City Attorney WCD:f Attachment cc: W. Robert Herbert, City Manager Mary F. Parker, City Clerk CHARLES S. ROBE VIRGINIA WASHINGTON. D.C. 20510 September 19, 1991 Ms. Mary F. Parker Roanoke City Clerk 215 Church Avenue, Ste. 456 Roanoke, Virginia 24011 Dear Ms. Parker: Thank you for sending me a copy of the recently approved resolution on behalf of City Council regarding the Community Development Block Grant Program. I'm glad to know of the views of the City of Roanoke on this important matter, and I assure you that I'll keep your views in mind if related legislation comes before the U.S. Senate for consideration. Again, many thanks for sharing your views with me, and I hope you'll keep me posted. Sincerely, Charles S. Robb CSR/hhb State Office: Regtonal Offices: MARY F. PARKER C,ty Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church ~,venue, $ W, Room 456 Roanoke. V~rgmla 24011 Telephone: (703) 981-2541 September 11, 1991 File #258-255-166 SANORA H. EAKIN Deputy Cl:y Clerk Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 30681-90991 authorizing you to enter into a written amendment to the Lease Agreement dated August 1, 1989, with Virginia Polytechnic Institute and State University, for p~emises located at 111-117 Church Avenue, S. W., upon certain terms and conditions. Ordinance No. 30681-90991 was adopted by the Council of the City of Roanoke on first reading on Monday, August 26, 1991, aiso adopted by the Council on second reading on Monday, September 9, 1991, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: ra Eno. pc: Dr. Frank P. Tota, Superintendent of Schools, P. O. Box 13145, Roanoke, Virginia 24031 Dr. L. Douglas Striekland, Director, Virginia Teeh/Roanoke Valley Graduate Center, 117 Church Avenue, S. W., Roanoke, Virginia 24011 Mr. William F. Clark, Director of Public Works Mr. Kit B. Klaer, Director of Utilities and Operations Mr. Barry L. Key, Manager, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, The 9th Day of September, 1991. No. 30681-90991. VIRGINIA, AN ORDINANCE authorizing the appropriate City officials to enter into a written amendment to the Lease Agreement dated August 1, 1989 with Virginia Polytechnic Institute and State University, for premises located at 111-117 Church Avenue, S.W., upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and the City Clerk are authorized to execute and attest, respectively, on behalf of the City, a written amendment to the lease agreement dated August 1, 1989 with Virginia Polytechnic Institute and State University ("VPI & SU"), for the premises located at 111-117 Church Avenue, providing for an extension of the terms of the lease for a period of two (2) years, terminating on July 31, 1994, and providing for use by VPI & SU of the adjacent City School property, upon certain terms and conditions as more specifically set forth in a report to this Council dated August 26, 1991, such lease to remain in full force and effect as to all other provisions thereof, and such amendment to be in form as is approved by the City Attorney. ATTEST: City Clerk. CITY CLx. '91 [ 322 9:36 August 26, 1991 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Council Members: Subject: Extension of lease between the City of Roanoke and Virginia Polytechnic Institute and State University at 111-117 Church Avenue, Roanoke, Virginia I. Backqround: Virginia Tech entered into a lease agreement with the City of Roanoke on May 2, 1989, agreeing to lease approximately 7000 square feet located at 111 to 117 Church Avenue, Roanoke, Virginia for the purpose of operating a graduate and continuing education center. B. The main components of the leas~ were as follows: The term of the lease began on August 1, 1989 and will terminate on July 31, 1992. The building would be rent-free for the term of the lease. 3. Virginia Tech reimbursed the City for the full amount of improvements made to the space (approximately $210,000). 4 o Virginia Tech pays for all utilities and janitorial services. Six parking permits were provided in the Church Avenue Garage at market rate. The city may use the Graduate Center's facilities for meetings and activities at no charge. II. Current Situation: Virqinia Tech has requested a two year extension of the present lease, thus termination would be on the 31st day of July, 1994. The main components of the leasm as noted in Section I- B (1-6) above would remain the same. August 26, 1991 Page 2 An added condition of the lease would allow Virginia Tech access to the City School located next door to the Graduate Center at times which do not interfee with normal operations of the City School. The Roanoke City School Administration has given written approval of this provision. III. Issues: A. Cost to the Cit~. B. Educational opportunities. C. Future development. D. Economic Development. IV. Alternatives: Authorize the City Manaqer to enter into a lease extension agreement in a form approved by the City Attorney, extending the present lease at 111-117 Church Avenue for a period of two years from August 1, 1992 to July 31, 1994. Cost to the City will be zero in that Virginia Tech will pay all expenses (utilities, janitorial) incurred on the space. The permanent improvements ($210,000) already completed by Virginia Tech have added substantial value to the space. Educational opportunities for credit and non- credit courses will continue to be provided by the various universities in this location. Future development opportunities involving Virginia Tech and related to other major projects in downtown is tremendous. We view this as an investment in a long future relationship with Virginia Tech and the other participating universities. Economic development impact will be great in that hundreds of students will continue to come into the area on a daily basis, eating and shopping in downtown Roanoke. Do not authorize the City Manaqer to enter into a lease extension with Virginia Tech. 1. Cost tO--would not be a factor· August 26, 1991 Page 3 Educational opportunities would probably be lost for the city. Future development involving the city of Roanoke and Virginia Tech would be harmed. 4. Economic development opportunity would be missed. V. Recommendation: Recommend Alternative A authorizing the City Manager to enter into a lease extension agreement in a form approved by the City Attorney extending the present lease at 111-117 Church Avenue for a period of two years from August 1, 1992 to July 31, 1994. Respectfully submitted, ~r t~e~ be~ City Manager WRH/EDC:kds cc: Earl B. Reynolds, Jr., Assistant City Manager Wilburn C. Dibling, Jr., city Attorney Joel M. Schlanger, Director of Finance William F. Clark, Director of Public Works Kit B. Kiser, Director of Utilities and Operations Barry L. Key,'Manager, Management and Budget Dr. Frank P.Tota, Superintendant of Schools MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Charch Avenue. S.W. Room 456 Roanoke. Virginia 24011 Telephone: (703)981-2541 September 11, 1991 File #132-17 SANDRA H. Deputy City Clerk The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: I am attaching copy of Resolution No. 30702-90991 cancelling the meeting of the Council of the City of Roanoke scheduled for Monday, October 7, 1991, at 2: 00 p. m., inasmuch as a majority of the Members of Council will be in attendance at a meeting of the Virginia Municipal League. Resolution No. 30702-90991 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 9, 1991. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: ra Eno. pc: Mr. W. Robert Herbert, City Manager Mr. Earl B. Reynolds, Jr., Assistant City Manager Mr. Joel M. Schlanger, Director of Finance Mr. Robert A. Bird, Municipal Auditor Ms. Nadine C. Minnix, Acting Director of Real Estate Valuation Mr. William F. Clark, Director of Public Works Mr. Kit B. Kiser, Director of Utilities and Operations Mr. James D. Ritchie, Director of Human Resources Mr. George C. Snead, Jr., Director of Administration and Public Safety IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th Day of September, 1991. No. 30702-90991. A RESOLUTION cancelling the meeting of the Council of the City of Roanoke scheduled for Monday, October 7, 1991, at 2:00 p.m. BE IT RESOLVED by the Council of the City of Roanoke that: 1. Due to the Virginia Municipal League Annual Conference scheduled to be held on October 6 through 8, 1991, in Roanoke, Virginia, which a majority of the members of City Council desire to attend, the meeting of City Council regularly scheduled for Monday, October 7, 1991, at 2:00 p.m., in the Council Chambers of the Municipal Building, 215 Church Avenue, $. W., is hereby CANCELLED. 2. The City Clerk is hereby authorized to take whatever steps are deemed necessary to notify the public of such cancellation. ATTEST: City Clerk. MARY F. PP. RK~R City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke. Virginia 24011 Telephone: (703)981-2541 September 11, 1991 File #17-132 SANDRA H. Fe. MiIN Deputy City Clerk Mr. R. Michael Amyx Executive Director Virginia Municipal League P. O. Box 12203 Richmond, Virginia 23241 Dear Mr. Amyx: I am enclosing copy of Resolution No. 30703-90991 designating Mayor Noel C. Taylor and Vice-Mayor Howard E. Musser, as Voting'Delegate and Alternate Voting Delegate, respectively, for the Annual Business Session of the Virginia Municipal League and designating Mr. W. Robert Herbert, City Manager, as Staff Assistant for any meetings of the Urban Section of the League. Resolution No. 30703-90991 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 9, 1991. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc. pc: Mr. W. Robert Herbert, City Manager IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th Day of September, 1991. No. 30703-90991. A RESOLUTION designating a Voting Delegate and Alternate Voting Delegate for the Annual Business Session of the Virginia Municipal League and designating a Staff Assistant for any meetings of the Urban Section of the League. BE follows: 1. IT RESOLVED by the Council of the City of Roanoke as For the Annual Business Session of the Virginia Municipal League to be held in Roanoke, Virginia, on October 6 through 8, 1991, Mayor Noel C. Taylor and Vice-Mayor Howard E. Musser are hereby designated Voting Delegate and Alternate Voting Delegate, respectively. 2. For any meetings of the Urban Section of the Virginia Municipal League to be held in conjunction with the League's 1991 Annual Conference, Mayor Taylor and Vice-Mayor Musser shall also serve as Voting Delegate and Alternate Voting Delegate, respectively, and W. Robert Herbert, City Manager, shall be designated Staff Assistant. 3. Mary F. Parker, City Clerk, is directed to complete any forms required by the Virginia Municipal League for designation of Voting Delegate, Alternate Voting Delegate and Staff Assistant and to forward such forms to the League. ATTEST: City Clerk. ATTACHMENT A CERTIFICATION OF VOTING DELEGATE AND ALTERNATE BUSINESS SESSION VirGinia Municipal LeaGue Annual Conference Roanoke, VirGinia Tuesday, October 8, 1991 Voting DeleGate: Name The Honorable Noel C. Taylor Title Mayor Locality City of Roanoke, Virginia Alternate VotinG DeleGate: Name The Honorable Howard E. Musser Title Vice-Mayor Locality City of Roanoke, Virginia Certified by: Name Mary F. Parker Title City Clerk Locality City of Roanoket Virginia Return by September 30, VirGinia Municipal P.O. Box 12164 Richmond, VirGinia 1991 to: LeaGue 23241 CITY OF ROANOKE INTERDEPARTMENTAL COMMUNICATION TO: FROM: DATE: SUBJECT: Mr. Wilburn C. Dibling, Jr., City Attorney Mary F. Parker, City Clerk ~' ~ August 28, 1991 Preparation of Resolution Please prepare the appropriate measure for the September 9, 1991, Council meeting designating Mayor Noel C. Taylor as the Voting Delegate and Vice-Mayor Howard E. Musser as the Alternate Voting Delegate for the Annual Business Session of the Virginia Municipal League to be held on October 6-8, 1991, in the City of Roanoke. MFP: ra MEMO4 MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, V'wginia 24011 Telephone: (703)981-2541 September 11, 1991 File #122 SANDPJI H. EAKIN Deputy City Clerk Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: At the regular meeting of the Council of the City of Roanoke held on Monday, September 9, 1991, you were requested to investigate the feasibility of relocating the loud speakers at Victory Stadium, along with associated costs. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: ra