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Council Actions 04-21-92
PUBLIC INTERVIF. WS OF SCHOOL BOARD APPLICANTS AGENDA Tuesday, April 21, 1992 6:30 p.m. 1. Call to Order· 2. Roll Call. o Invocation· The Honorable Noel C. Taylor, Mayor. The Pledge of Allegiance to the Flag of the United States of America will be led by the Honorable Noel C. Taylor. Statement of Purpose and Procedure. Mayor Taylor. Interviews: . R6verend C. Nelson Harris - 6:30 p.m. Thomas L. Orr - 7:00 p.m. · Ruth C. Willson - 7:30 p.m. · Melinda J. Payne - 8:15 p.m. t/~r. James W. Stephens - 8:45 p.m. Mr. Clubert G. Poff - 9:15 p.m. 7. Adjournment. STATEMENT OF PURPOSF. On June 30, 1992, the terms of Ms. Sallye T. Coleman and Mr. Thomas L. Orr, as Trustees of the Roanoke City School Board will expire. The purpose of this meeting is to interview six candidates for the upcoming vacancies. In an effort to bring you up-to-date on past actions, I would like to call your attention to the following information: (1) At regular meetings of the City Council held on January 27 and February 3, 1992, Council announced its intention to elect Trustees of the Roanoke City School Board for terms commencing July 1, 1992. (2) Advertisements were placed in the Roanoke Times and World-News inviting applications for the upcoming vacancies. Twelve applications were received in the City Clerk's Office prior to the deadline on Tuesday, March 10, 1992. By communication under date of March 30, 1992, Mr. John R. Light withdrew his name from consideration. (3) On March 16, 1992, at 12:30 p.m., Council held a reception with the candidates which was open to the public. (4) On March 23, 1992, at 2:00 p.m., Council, as a Committee of the Whole, reviewed and considered all applications. (5) At the regular meeting of City Council on Monday, April 13, 1992, at 7:30 p.m., Council voted to interview six persons. The selection process provides, in part, that the number of candidates to be granted the interview will not exceed three times the number of positions available on the Roanoke City School Board, should there be so many candidates. (6) Those candidates who were to be accorded the public interview were notified by the City Clerk on April 16, 1992. (7) A notice was published in the Roanoke Times and World-News on Thursday, April 9, 1992, inviting attendance at a public hearing on Monday, April 20, 1992, at 2:00 p.m., to receive the views of citizens regarding appointment of School Board Trustees, and to submit proposed questions to the candidates by filing such written questions in the City Clerk's Office by 5:00 p.m., on Tuesday, April 14, 1992. I am advised by the City Clerk that no questions were submitted. STATEMF~NT OF PROCF~DUR~ Our selection process provides that Council will publicly interview each candidate separately and out of the presence and hearing of the other candidates. Section 9-21, Public interview of candidates, of the Code of the City of Roanoke (1979), as amended, provides, in part, that interviews of the candidates shall take place in an order deemed appropriate by City Council. The City Clerk has scheduled the following interviews for this evening: 6:30 p.m. - The Reverend C. Nelson Harris 7:00 p.m. - Mr. Thomas L. Orr 7:30 p.m. - Ms. Ruth C. Willson 8:15 p.m. - Ms. Melinda J. Payne 8:45 p.m. - Mr. James W. Stephens 9:15 p.m. - Mr. Clubert G. Poff Each candidate will be given the opportunity to make an opening statement of not more than five minutes. Thereafter, Council may ask such questions, as Council, in its discretion, deems advisable. The Council will hold six interviews and each interview will consist of approximately 30 minutes. After each interview has been completed, the candidate may feel free to leave the Council Chamber inasmuch as no action will be taken by the Council this evening. On Monday, May 11, 1992, at 7:30 p.m., or as soon thereafter as the matter may be considered, the Council will hold an election to fill the two vacancies on the Roanoke City School Board. Office of the City Clerk April 15, 1992 File #467 Mr. Clubert G. Poff 2028 Mt. Vernon Road, S. W. Roanoke, Virginia 24015 Dear Mr. Poff: At the regular meeting of the Council of the City of Roanoke held on Monday, · April 13, 1992, you were selected by the Council to be accorded the formal interview for the position of School Board Trustee. Your interview will be held on Tuesday, April 21, 1992, at 9:15 p.m., in the City Council Chamber, fourth floor of the Municipal Building. You will be given the opportunity to make an opening statement of not more than five minutes, thereafter, Council may ask such questions as the Council, in its discretion, deems advisable. Upon your arrival, please be seated in the Council's Conference Room which is located adjacent to the Council ChAmber, and I will advise you when the Members of Council are ready to proceed with your interview. If I may provide additional info~n~ton or be of assistance in any way, please do not hesitate to call me at 981-2541. Sincerely, fO..~ Mary F. Perker, CMC/AAE City Clerk MFP: sw Room 45~ Municipa) Building 215 Church Avenue, S.W, Rolnokl, Virginia 24011 (703) 981-2541 Office of the City Clerk April 15, 1992 File #467 The Reverend C. Nelson Harris 1909 Langdon Road, S. W. Roanoke, VirKinia 24015 Dear Reverend Harris: At the reKular meeting of the Council of the City of Roanoke held on Monday; April 13, 1992, you were selected by the Council to be accorded the formal interview for the position of School Boa~i Trustee. -' Your interview will be held on Tuesday, April 21, 1992, at 6:30 p.m., in the City Council Chamber, fourth floor of the Municipal Building. You will be Klven the opportunity to make an opening statement of not more than five minutes, thereafter, Council may ask such questions as the Council, in its discretion, deems advisable. Upon your arrival, please be seated in the Council's Conference Room which is located adjacent to the Council Chamber, and I will advise you when the Members of Council are ready to proceed with your interview. If I may provide additional information or be of assistance in any way, Please do not hesitate to call me at 981-2541. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk April 15, 1992 File #46? Ms. Ruth C. Willson 3701 Heritage Road, S. W? Roanoke, Virginia 24015 Dear Ms. Willson: At the ~e~ular meeting of the Council of the City of Roanoke held on Monday; April 13, 1992, you were selected by the Council to be acco~ied the formal interview for the position of School Board Trustee. Your interview will be held on Tuesday, April 21, 1992, at 7:30 p.m., in the City Council Chamber, fourth floor of the Municipal Building. You will be given the opportunity to make an opening statement of not more than five minutes, thereafter, Council may ask such questions as the Council, in its discretion, deems advisable. Upon your arrival, please be seated in the Council's Conference Room which is located adjacent to the Council Chamber, and I will advise you when the Members of Council are ready to proceed with your interview. If I may provide additional information or be of assistance in any way, please do not hesitate to call me at 981-2541. Mary F. Parker, CMC/AAE City Clerk MFP: sw Room 456 Municipal Suildlng 215 Church Avenue, S.W. Roanoke, Virginia 24011 (?03) 981-2541 Office of the City Clerk April 15, 1992 File #467 Ms. Melinda J. Payne Recnliting/Training Manager Roanoke Times & World-News P. O. Box 2491 Roanoke, Virginia 24010 Dear Ms. Payne: At the regular meeting of the Council of the City of Roanoke held on Monday, April 13, 1992, you were selected by the Council to be accorded the formal interview for the position of School Board Tmistee. Your interview will be held on Tuesday, April 21, 1992, at 8:15 p.m., in the City Council Chamber, fourth floor of the Municipal Building. You will be given the opportunity to make an opening statement of not more than five minutes, thereafter, Council may ask such questions as the Council, in its discretion, deems advisable. Upon your arrival, please be seated in the Council's Conference Room which is located adjacent to the Council Chamber, and I will advise you when the Members of Council are ready to proceed with your interview. If I may provide additional information or be of assistance in any way, please do not hesitate to call me at 981-2541. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Ro~m 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office o! the City Clerk April 15, 1992 File #467 Mr. James W. Stephens 2130 Deyerle Road, S. W. Roanoke, Virginia 24018 Dear Mr. Stephens: At the reL~ular meeting of the Council of the City of Roanoke held on Monday; April 13, 1992, you were selected by the Council to be accorded the folm~al interview for the position of School Board Ttmstee. Your interview will be held on Tuesday, April 21, 1992, at 8:45 p.m., in the City Council Chamber, fourth floor of the Municipal Building. You will be ~iven the opportunity to make an opening statement of not mote than five minutes, thereafter, Council may ask such questions as the Counctl~ in its discretion, deems advisable. Upon your arrival, please be seated in the Council's Confetence Room which is located adjacent to the Council ChAmber, and I will advise you when the Members of Council ate ready to proceed with your interview. If I may provide additional info,nation or be of assistance in any way, please do not hesitate to call me at 981-2541. Sineetely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Room 456 Municipal Building 215 Chumh Avenue, S.W. Roanoke, V#ginic 24011 (703) 981-2541 Office of the City Clerk April 15, 1992 File #467 Mr. Thomas L. Orr 4749 Arnold Drive, Iq. E. Roanoke, Virginia 24019 Dear Mr. At the ~egular meeting of the Council of the City of Roanoke held on MondaY;' April 13, 1992, you were selected by the Council to be accorded the fox,nmi interview for the position of School Board Trustee. Your interview will be held on Tuesday, Apvfl 2i', 1992, at 7:00 p.m., in the City Council Chamber, fourth floor of the Municipal Building. You will be given the opportunity to nmke an opening statement of not more than five minutes, thereafter, Council may ask such questions as the Council, in its discretion, deems advisable. Upon your arrival, please be seated in the Council's Conference Room which is located adjacent to the Council Chamber, and I will advise you when the Members of Council are ready to preceed with your interview. If I may provide additional information or be of assistance in any way, please do not hesitate to call me at 981-2541. sincorely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Room 456 Municipal Building 21S Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 Office of the City Clerk April 16, 1992 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: Interviews for the position of School Board Trustee have been scheduled for Tuesday, Apvil 21, 1992, in the Council Chamber, as follows: 6:30 p.m. 7:00 p.m. 7:30 p.m. The Rever~nd C. Nelson HarrSs Mr. Thom~ L. Orr Ms. Ruth C. Willson 8:00 p.m. Break 8:15 p.m. 8:45 p.m. 9:15 p.m. Ms. Mellnda J. Payne Mr. James W. Stephens Mr. Clubert G. Poff For your convenience, I am attaching copy of the applications submitted by the abovenamed individuals. If I may be of further assistance, please do not hesitate to cell on me. With kindest personal ~egards, I am Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Eno. Room 45~ Municipal Building 215 Chun:h Avenue, S.W. RGlnoke, Virginil 24011 (?03) 981.2541 Office of the City Clerk May 1, 1992 File #67-33 Mr. William White, Sr., Chairperson ) Mr. William F. Clark ) Committee Mr. George C. Snead, Jr. ) Gentlemen: The following bids for improvements to Huff Lane, Thresher and Fishburn Parks, and Garden City Recreation Center were opened and read before the Council of the City of Roanoke at a regular meeting held on Monday, April 27, 1992: BIDDER BASE BID TOTAL Southern Systems Brown Brothers Construction, Co. Acorn Construction, Ltd. Breakell, Inc. Graves Construction Co., Inc. Thor, Inc. $ 88,484.00 101,584.00 106,400.00 117,954.00 122,900.00 124,700.00 On motion, duly seconded and adopted, the bids were referred to you for tabulation, report and recommendation to Council. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw pc: Mr. Wilburn C. Dibling, Jr., City Attorney Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 14011 (703) 981-2541 Office of the City Manager April 27, 1992 The Honorable Noel C. Taylor, Mayor and Members of Roanoke City Council Roanoke, Virginia 24011 SUBJECT: FRISBEE COURSE AT FISHBURN PARK Dear Mayor and Members of Council: I am delighted to inform you of a new outdoor recreational program that has been in the planning and development stages for some time, and is nearing implementation. In the fall of 1990, the Parks and Recreation Department was contacted by members of the Roanoke Frisbee Disc Association about the potential of locating a disc golf course in a City park. The association proposed that they would be willing to provide, install and maintain an 18 hole disc golf course, completely at the association's cost, if an appropriate site could be made available. Several parks were considered and visited, including East Gate, Fallon, Fishburn, Morningside, and Thrasher. Fishburn was ultimately selected as the prime location due to the varying terrain, the mixture of open space with mature trees, the available parking, restroom facilities, and other desired site-related amenities. Roanoke's 1981 Comprehensive Parks and Recreation Plan also indicated that Fishburn Park would be a very good location for a frisbee golf course. Disc golf is similar to regular golf, except that the participant is tossing a frisbee instead of hitting a ball. One point (stroke) is counted for each toss, and for each penalty incurred. The object, as in regular golf, is to complete the course with the lowest possible score. In lieu of golf fairways averaging 300 yards or more, disc fairways are 300-400 feet, and can be very narrow. The game provides the challenges and traditions of golf, with the skills and accuracy of tossing a frisbee. Almost anyone can play; you don't have to be an athlete, you don't need expensive equipment or special clothing. It is a sport the whole family, a group of friends, or an individual can enjoy. In addition, disc golf is a "drop in" type activity that requires no staff supervision. Room 364 Municipal Building 2t 5 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2333 The Honorable Noel C. Taylor, and Members of Council April 27, 1992 Page Two Mayor There are over 300 disc golf courses in the United States, with eight here in Virginia and twelve in North Carolina. Contacts with other Parks and Recreation Departments with similar facilities have indicated the courses have been extremely popular, necessitate little additional park maintenance, and present few, if any, liability or vandalism problems. The Fishburn Park course has been carefully designed not to infringe on the more heavily used areas of the park, such as picnic areas, shelter and playground sites. In addition, it is planned to compliment rather than compete with the natural aspects of the park. We anticipate that the course will be well received, and be of great benefit to the Citizens of the Roanoke Valley. The installation of a disc golf course will provide a wonderful and unique addition to Roanoke's park system. I encourage you to bring a frisbee the next time you or your family visits Fishburn Park! Please call me if you have any questions or comments regarding this project. Attached for your reference are copies of the permit agreement, hold harmless agreement, course layout, and an example of a tee-marker. Respectfully submitted, W. Robert Herbert City Manager WRH/LBV/dh cc: Mr. Michael Overacker, President, Roanoke Frisbee Disc Association Mr. George C. Snead, Jr., Director of Administration and Public Safety Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Ms. Mary Parker, City Clerk Mr. Gary Fenton, Manager, Recreation, Parks and Grounds Maintenance Mr. Lynnis B. Vernon, Parks Planner December 1, 1990 A Proposal for Disc Golf in the Roanoke Valley This proposal is an attempt to install a Disc Golf Course in the Roanoke Valley while avoiding the financial burden on the public sector. Being that Disc Golf is not established in this area and the local Parks and Recreation Departments are hesitant of the capital outlay to fund a course, the Roanoke Frisbee Disc Association is willlng to approach individuals and businesses to donate a Pole Hole, or Pole Holes, to the club to be put in a local park. The Roanoke Frisbee Disc Association recognizes Fishburn Park as the ideal location for the Disc Golf course. This park has the proper amount of open and wooded areas to make a quality course. There is also parking available and the park is large enough to provide the distances needed to have a viable course design. The Donors will be recognized at each Tee and each Hole for their contribution to the Park and the sport of Disc Golf. We feel this is an excellent way to both enhance the park and promote the sport with minimal impact on the financial budgets of the local government. President Roanoke Frisbee Disc Association 1990 .. .;;!',; PF~4I T AGREEMENT THIS PERMIT AGREEMENT made and entered into this 21st day of , 1992, by and between the City of Roanoke, Virginia ("City") and the Roanoke Frisbee Disc Association ("Association"). WHEREAS, by letter dated December 1, 1990, (Exhibit "A") the Association has requested permission to provide and install a Disc Golf Course complete with eighteen (18) tee markers and pole hole targets within Fishburn Park; WHEREAS, the City Manager has authority to supervise and manage the use of public parks and to accept gifts valued at five thousand ($5,000.00) dollars or less; WHEREAS, IN CONSIDERATION of the City granting permission for the Association to provide and install a Disc Golf Course in Fishburn Park, the City and the Association hereby mutually agree to the following terms and conditions: 1. The Association agrees to provide and install one (1) eighteen (18) hole Disc Golf Course completely at its cost. 2. The Association agrees to provide and install the eighteen (18) tee markers and eighteen (18) pole hole targets at locations and elevations as agreed to by the City in accordance with Exhibit "B". 3. The Association shall indemnify and hold harmless the City, its officials, officers, agents, employees and volunteers against any and all loss, cost or expense, including reasonable attorney's fees, resulting from any claim and for any liability, that may arise out of or result from the Association's occupation or use of the City property as related to the activities permitted under this Agreement. 4. The Association agrees that any and all installation parti- cipants must sign the "Assumption of the Risk, Release and Hold Harmless Agreement". This applies to ANYONE, working on the Disc Golf Course. For installation participants under eighteen (18) years of age, the Risk Agreement must also be signed by either a Parent or Legal Guardian. Agreements must be properly executed and retained by the Association prior to any work being done by the particular participant. 5. The Association agrees that it will not discriminate against any person on the basis of race, religion, color, sex, national origin or handicap in its membership practices and further agrees that it shall comply with the terms of Section 23.1-20, Code of the City of Roanoke (1979), as amended. 6. Installation work in the park will be allowed only during day light hours and work can not be performed in the park during any scheduled athletic or recreational event. 7. The City may revoke the rights of the Association to enter the property or to work within the Park at any time as deemed necessary. 8. Though arrangements for storage of materials and supplies, at the site, may be made with the City, the City will not be responsible for those materials and supplies. 9. No vehicles will be permitted on any grass turf areas of the park property. 10. Upon the completion of the Disc Golf Course installation, the park property shall be left in as Good order and repair as at the beginning of the installation. 1 of 2 Permit Agreement 11. The Association agrees that upon installation and acceptance of the eighteen (18) tee markers and eighteen (18) pole hole targets, by the City, that all markers and targets will become and remain the property of the City unless the marker(s) and/or target(s) are removed. 12. The Association will provide, install and maintain one (1) 18" x 12" wood tee marker sign per hole, in accordance with Exhibit "C". The sign shall be properly anchored to a 4" x 4" treated wood post. The sign shall be routed to clearly display the number, distance, par and layout of the hole along with the name or logo of the donating business or individual. Slogans, advertisements, addresses, phone numbers or phrases will not be permitted on the signs or within the park without written permission of the City. 13. The City agrees that any removed tee markers and/or pole hole targets, that were provided and installed by the Association, would be returned to the Association. 14. The Association agrees to keep and maintain the eighteen (18) tee markers and eighteen (18) pole hole targets in good and clean order and condition, completely at its expense, and will make reasonable and agreed upon repairs or replacements whether structural or non-structural, ordinary or extraordinary, foreseen or unforeseen, as may exist from time to time. All repairs or replacements shall be at least equal in quality to the original installation. 15. The City reserves the right to adjust or to completely remove the Disc Golf Course at any time as deemed necessary by the City. The Association will be notified in writing should adjustments or removal be required. 16. This Permit Agreement shall not be assignable by the Association nor shall any rights under this Agreement be assignable. By: NOW, THEREFORE, the parties hereto have affixed'their signatures and seals as of the day and year first above written: W. Robert Herbert city Manager ROANOKE ON By:~I Michael Overacker President DATE INSTALLATION STARTED BY ASSOCIATION: DATE INSTALLATION COMPLETED BY ASSOCIATION: DATE INSTALLATION ACCEPTED BY CITY: as to forr l · ~ssistant OityAtlmney , ~ ' 2 of 2 Permit Agreement CITY OF ROANOKEt VIRGINIA ASSUMPTION OF THE RISK, ~E AND HOLD HAP3~.W.-~$ ~m~ENT FOR GOOD AND VALUABLE CONSIDERATION, the receipt of sufficiency of which is hereby acknowledged, including permission to take part in the construction of the Disc Golf Course within Fishburn Park (hereinafter referred to as the "activities") the undersigned hereby acknowledges, covenants and agrees as follows: (1) Participation in the "activities" involves exposure to inherent construction risks and dangers and the under- signed assumes all such construction risks and dangers, whether foreseen or unforeseen, of participation in the "activities"; (2 The undersigned is completely responsible for the under- signed's own safety and well-being during the undersigned's participation in the "activities"; (3 The undersigned, and for the undersigned's successors, assigns, heirs, executors and administrators, releases and holds harmless the City, its officers, agents and employees from any potential claim; action, cause of action or demand due to any and all injuries, both to person and property, regardless of severity, arising out of or related to the undersigned's participation in the "activities" including, without limitation, injuries which occur, in whole or in part, due to any act, negligent, reckless, intentional or otherwise, by or on behalf of the City, its officers, agents or employees; (4 The undersigned, and for the undersigned's successors, assigns, heirs, executors or administrators, shall indemnify the City, its officers, agents and employees, for any and all liability, actions, causes of action, claims, debts, and demands of any kind and nature, including costs, expenses and attorney's fees, incurred by the City, its officers, agents or employees, as a result of, arising out of or related to, any act, intentional, reckless, negligent or otherwise, by the undersigned or any person under the supervision of the undersigned, during the course of the undersigned's participation of the "activities"; and (5) The undersigned is eighteen (18) years of age or older has read this document completely and understands its contents, and is legally competent to execute the same. Any person signing this document who is not eighteen (18) years of age or older must have this document signed by either the undersigned's parent or legal guardian, and all references to the undersigned shall include references to the under- signed's parent or legal guardian in the event a parent or legal guardian is required to sign this document. Date: WITNESS: Undersigned (Please print name) WITNESS: Parent or Legal Guardian (If undersigned is under age 18 years of age.) 1 of 1 Risk Agreement This is a rough representatioh of the Tee Markers to be used on the Disc Golf Course in Fishburn Park. The Tee Sign will be aimroxlmateiv 12. X18 . in size. Office of the City Clerk May 1, 1992 File #15-230 Ms. Mimi Hodgin, Chairperson Roanoke Arts Commission 805 Virginia Avenue Salem, Virginia 24153 Dear Ms. Hodgin: This is to advise you that Ms. Brook Dickson has qualified as a member of the Roanoke Arts Commission for a term ending June 30, 1993. Sincerely, FdC~/~_~ Mawr F. Parker, CMC/AAE City Clerk MFP: sw pc: Ms. Joyce A. Sink, Secretary, Roanoke Arts Commission R~om 456 Municipal Building 215 Church Avenue. S.W. Roanoke, Virginia 24011 (703) 981-2541 0=2 Oafh or Afflrmafi n , TC {fice St~t~ ol Virglni~, ~,i~/ o! Roanoke, to .~i~: I, Brook Dickson ., do solemnly swear (or affirm) tl~t I will support the Constitution of the United States, and the Constitution of the State of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Roanoke Arts Commission, for a term ending June 30, 1993. according to the best of my ability. So help me God. Subscribed and sworn to before tne, this /7 '92 27 April 27, 1992 Honorable Mayor and Members of City Council Re: Request for Executive Session cc: Wilburn C. William F. Mary F. WRH:f Respectfully submitted W. Robert Herbert City Manager Dibling, Jr., City Attorney Clark, Director, Public Works Parker, City Clerk Dear Members of Council: This is to request that City Council convene in Executive Session to discuss specific legal matters requiring the provision of legal advice by counsel being the terms and conditions of an agreement with a developer pursuant to S2.1-344(A)(7), Code of Virginia (1950), as amended. Office of the City Clerk May 1, 1992 File #175-322-23 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: At a regular meeting of the Council of the City of Roanoke held on Monday, April 27, 1992, Mr. James V. Noonkester requested that Council adopt a resolution endorsing the song, "Sing America" as the new State song, and "Cradle of the Nation" as the logo on Virginia State license tags. On motion, duly seconded and adopted, the matter was referred to you for report to Council. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Eric. pc: Mr. James V. Noonkestar, 1106 N. Main Street, Blacksburg, Virginia 24060 Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 2401'1 (703) 98'1-2541 TEL:l-?05-552-5550 3.&. MooNKESTER April Z0, 1992 To: Roanoke City Council Gentlem~n, Please place my name on the public addres~ portion of your city council meeting April ~7~ 1992 Z:00 p.m. subject o~ my statement is Tourism. Sincerely, ~ ( Noonkester ~ameS V. 1.06 N. Main Street Black,burg, VA 24060 705-55Z-53~1 JVN/ee5 Sing Virginia Words and Music by James V. Noonkester C d The mis - ty Blue Ridge Moun - rains, The Pied - mom and the plain, Oh G C boun-ti-ful Vir - gin-ia, Where hen-or ev-er reigns, The cra-die of our F G [,~. I .l 2 2 I I I _} I .~ .~ .~ I -] -I...Il J I { I I J , I na - tion, We proud - ly pm claim, And I am Vir - gin - ian, In more than name, Be - cause they yearned for free- dom, They stood on York-town d G ~ C shore, And flamed the con- sti tu- tion, Vir - gin- ia men of yore, From Copyright © 1992 By James V. Noonkester All Rights Reserved F moun - rain to the sea - shore, Our spir - it is the same, Vir - gin- ia, Vir- G C gin - ia, that sweet sound -ing n~e, The c~ - die of our na - tion, We proud - ly pro claim, And I am Vir - gin - ian, In more than name. Stars fell on Vir - gin-ia, We've had our share of d G fame, Tears fell on Vir- C ~ ~ r~ ,-~-. ,~.~-j .!'t-~-7 ~1 ,./ .J I J_ ---._ gin - ia, We've had our share of pain, A might - y hand would guide us, And joy-ful-ly we sing, God blessed Vir - gin-ia, In much more than name. Office of the City Clerk May 1, 1992 File #60-467 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 30967-042792 amending and reordaining certain sections of the 1991-92 General and Grant Funds Appropriations, providing for appropriation of funds to the following school accounts: Title II-A Licensed Practical Nursing Program - $550.00; Transition - Vocational Evaluation Program - $675.00; and 1991-92 Perkins Act Program - $8,674.00. The measure also provides for appropriation of $291,797.00 representing the third and final request for proceeds from the 1992 Capital Maintenance and Equipment Replacement Fund to be used for removal of fuel oil storage tanks at various school sites, purchase of furniture and equipment necessary for the reopening of Forest Park Elementary School, replacement of maintenance vehicles and school roof replacement costs. Ordinance No. 30967-042792 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 27, 1992. Sincerely, f~.._~ Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc. pc: Mr. Finn D. Pincus, Chairperson, Roanoke City School Board, 1116 Winchester Avenue, S. W., Roanoke, Virginia 24015 Dr. Frank P. Tota, Superintendent of Schools, P. O. Box 13145, Roanoke, Virginia 24031 Mr. Richard L. Kelley, Executive for Business Affairs and Clerk of the Board, P. O. Box 13105, Roanoke, Virginia 24031 Mr. Barry L. Key, Manager, Office of Management and Budget Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE CO~I~CIL OF THE CITY OF ROANOKE, VIROINIA The 27th day of April, 1992. No. 30967-042792. AN ORDINANCE to amend and reordain certain sections of the 1991-92 General and Grant Funds 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 and Grant Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Education Facilities (1-4) .................................. $66,703,661 1,469,099 CMERP - Schools - Unappropriated (5) .............. -0- Education Title II-A Licensed Practical Nursing (6) ......... Transition - Vocational Evaluation Program (7) P.rkins nds 1991-92 (8) ................. [[[[ $19,064]117 1,060 675 293,802 Education Title II-A Licensed Practical Nursing (9) ......... Transition - Vocational Evaluation Program (10)... Perkins Act Funds 1991-92 (11) .................... $19,064,117 1,060 675 293,802 1) Replacement - Other Capital Outlays 2) Additions - Furniture and Fixtures 3) Additions - Motor Vehicles 4) Replacement - Other Capital Outlays 5) CMERP - Schools 6) Tuition 7) Instructional Materials 8) Business Education Equipment 9) Federal Grant Receipts 10) Federal Grant Receipts 11) Federal Grant Receipts (001-060-6004-6682-0809) (001-060-6004-6683-0822) (001-060-6004-6683-0824) $ 60,000 125,000 50,070 (001-060-6004-6896-0809) 56,727 (001-3324) 291,797 (035-060-6429-6334-0382) 550 (035-060-6501-6222-0614) 675 (035-060-6750-6136-0821) 8,674 (035-060-6429-1102) 550 (035-060-6501-1102) 675 (035-060-6750-1102) 8,674 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. April 27, 1992 TO~ FROM= SUBJECTs Honorable Mayor and Members of City Council Joel M. Schlanger, Director of Finance School Board Request for the Appropriation of Grant and CMERP Funds I have reviewed the attached request to appropriate funding for the School Board. This report will appropriate $291,797 from the School portion of CMERP Funds for removal of fuel oil storage tanks, purchase of furniture and equipment for the reopening of Forest Park School, replacement of motor vehicles, and for school roof replacement costs. This is the third and final appropriation of funds for the School Board from FY90-91 CMERP funds. This report will also appropriate funds under three grant programs. These grants are funded with 100% Federal funds. I recommend that you concur with this request of the School Board. JMS:pac Attachments Finn D. Pincus, Chairman Charles W. DaV, Vice Chairman Sallve T. Coleman Floanok¢ Marilyn C. Cu~t:ls James M. Turner, Jr. Martha UJ. O'Neil -_ _F-r, qr~ P. Tara, Superinl:endent Thomas I~ One/ '; Richard L; Kelley, Clerk of the Board City School Board P.O Box 13105, Roanoke, Virginia 24031 · 703-981-9381 April 15, 1992 The Honorable Noel C. Taylor, Mayor and Members of Roanoke City Council Roanoke, VA 24011 Dear Members of Council: As the result of official School Board action at its April 14, 1992 meeting, the Board respectfully requests City Council to appropriate funds to the following school accounts: Grant No. 6429 - $550.00 for the Title II-A Licensed Practical Nursing program to provide tuition for selected students to attend the Licensed Practical Nursing courses. The program will be one hundred percent reimbursed by federal funds. Grant No. 6501 - $675.00 for the Transition-Vocational Evaluation program to provide funds for the development of workshops to be used in transition planning. The program will be one hundred percent reimbursed by federal funds. Grant No. 6750 - $8,674.00 for the 1991-92 Perkins Act program to provide funds for vocational instructors and equipment. The program will be one hundred percent reimbursed by federal funds. The Board further requests the appropriation of $291,797.00 which represents the third and final request for proceeds from the 1992 Capital Maintenance and Equipment Replacement Fund. The funds will be used for the removal of fuel oil storage tanks at various school sites, for the purchase of furniture and equipment necessary for the reopening of Forest Park School, for the replacement of maintenance vehicles, and for school roof replacement COSTS. Sincerely, Richard L. Kelley Clerk of the Board and Executive for Business Affairs rg CC: Mr. Finn D. Pincus Dr. Frank P. Tota Mr. William L. Murray, Jr. Mr. Kenneth F. Mundy Mr. W. Robert Herbert Mr. Wilburn C. Dibling Mr. Joel M. Schlanger (with accounting details) Excellence in Education ROANOKE CItY $CffOOb BOARD Roanoke, Virginia APPROPRIATION REQUEST Capital Maintenance and Equipment Replacement Funds Request III 001-060-6004-6682-0809 001-06016004-6683-0822 001-060-6004-6683-0824 001-060-6004-6896-0809 ~ppropriation Unit ZD1 Removal of Fuel Oil Storage Tanks Forest Park Furniture/Equipment Maintenance Vehicles Roof Replacement $ 60,000.00 125,000.00 50,070.00 _56,727.00 $ 291,797.00 The above appropriation represents the third and final request for proceeds from the 1992 Capital Maintenance and Equipment Replacement Fund. The proceeds will be used for the removal of fuel oil storage tanks at various school sites, for the purchase of furniture and equipment necessary for the reopening of Forest Park School, for the replacement of maintenance vehicles, and for school roof replacement costs. April 14, 1992 ROANOKE CITY SCROOL BOARD Roanoke, Virginia APPROPRIATION REQUEST Title II-A Licensed Practical Nursing 6429 035-060-6429-6334-0382 ApPropriation Unit Z4U Tuition $ 550.00 035-060-6429-1102 Federal Grant Receipts 550.00 The Title II-A Licensed Practical Nursing program provides tuition for selected students to attend the Licensed Practical Nursing courses offered by Roanoke City Schools. The above appropriation will provide tuition costs for two additional students in the program. The program will be one hundred percent reimbursed by federal funds. The program ends June 30, 1992. April 14, 1992 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia APPROPRIATION REOUEST Transition-Vocational EvaluatiOn Program 6501 035-060-6501-6222-0614 Appropriation Unit Y5U Instructional Materials $ 675.00 035-060-6501-1102 Federal Grant Receipts $ 675.00 The Transition-Vocational Evaluation Program will provide funds for the development o~ workshops to be used in transition planning. The program is one hundred percent reimbursed by ~ederal funds and will end October 31, 1992. April 14, 1992 ROANOKE CITY SCBOOL BOARD Roanoke, Viroinia APPROPRIATION REQUEST Perkins Act Funds 91-92 6750 035-060-6750-6136-0821 Appropriation Z78 Business Education Equipment 8,674.00 035-060-6750-1102 Federal Grant Receipts $ 8,674.00 The 1991-92 Perkins Act program will provide funds for vocational instructors and equipment. The above appropriation represents additional funds provided for the program. One hundred percent of expenditures will be reimbursed by federal funds. The program will end June 30, 1992. April 14, 1992 Office of the City Clerk May 1, 1992 File #5-184 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 30968-042792 extending pay benefits provided for by Resolution No. 4748 for Sergeant William E. Moser, Police officer, who was injured in the line of duty. Resolution No. 30968-042792 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 27, 1992. Sincerely, fO.-~___ Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc o pc: Mr. William E. Moser, 5416 Oakland Blvd., N. E., Roanoke, Virginia 24019 Mr. Joel M. Schlanger, Director of Finance Mr. George C. Snead, Jr., Director, Public Safety Mr. M. David Hooper, Police Chief Mr. James D. Ritchie, Director, Human Development Mr. Kenneth S. Cronin, Personnel Manager Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of April, 1992. No. 30968-042792. A RESOLUTION extending the pay benefits provided for by Resolution No. 4748 for a certain emergency service employee. WHEREAS, Resolution No. provides that police officers because of disabling injuries 4748, adopted February 28, 1936, and firefighters absent from duty incurred in the line of duty shall suffer no loss in compensation for sixty days; WHEREAS, by Resolution No. 4748, Council has voluntarily established a local benefit for the City's police officers and firefighters, and eligibility for such benefit is determined solely by the terms of Resolution No. 4748, not by the Workers' Compensation Act or related law; WHEREAS, Resolution No. 4748 requires that extension of benefits provided for by such resolution beyond sixty days shall be only upon authority of Council; and WHEREAS, Sgt. William Moser of the Police Department has previously been determined eligible for such benefits, and by report of April 27, 1992, the City Manager has recommended that benefits available to such employee be extended beyond sixty days by authority of Council. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Sgt. William Moser of the Police Department shall be paid the difference between his base pay and any sums received pursuant to the Workers' Compensation Act from March 25, 1991 through June 1, 1992, or until such officer is able to return to duty, whichever occurs first. 2. Such employee shall under no payments from the City, including Workers' circumstances receive Compensation benefits, in excess of his regular base pay as a police officer. 3. The City Manager shall be authorized to terminate the benefits provided for by this resolution should it be established by report of a licensed physician that said employee is able to return to duty at a police officer's regular base pay. ATTEST: City Clerk. '92 22 m :25 April 27, 1992 Honorable Noel C. Taylor, Mayor and M~mbers of City Council Roanoke, Virginia Dear Members of Council: SUBJECT: Extension of Pay Benefits I. BACKGROUND: Ao Council Resolution No. 4748 of February 28, 1936, established a policy for payment of a salary supplement to injured employees in the Fire and Police Departments. The intent of the salary supplement was to ensure that a police officer or firefighter receives his full salary if an accident occurred on the job and caused the employee to lose time from work. SEt. William Moser of the City of Roanoke's Police Department suffered job related injuries in a vacant building being rehabilitated on January 23, 1991. He fell through an open area covered with plastic to the basement. The accident is covered through the city's workers' compensation program and therefore Sgt. Moser is eligible for the supplemental pay. II. CURRENT SITUATION: A. SEt. William Moser is still recuperating and has not returned to work. B. City Council Authorization is required for regular salary payments as Sgt. Moser has been injured beyond 60 days. III. ISSUES: A. Employee Morale B. Cost Members of Council April 27, 1992 Page 2 IV. ALTERNATIVES: A. Authorize regular pay for Sgt. Moser to be paid retroactive for the period March 25, 1991 through 3une 1, 1992. 1. Employee Morale will not be affected. 2. Cost does not exceed funds budgeted in workers' compensation account. B. Do not authorize paying Sgt. Moser's regular salary beyond 60 days. 1. Employee morale will be negatively affected. 2. Cost will be reduced by the difference between the amount paid through workers' compensation as required by Va. State Code Section 65.2-502 and his gross salary. Vo RECOMMENDATION: Council concur with Alternative A and authorize regular salary payment from March 25, 1991 through June 1, 1992 for Sgt. Moser. Respectfully submitted, W. Robert Herbert City Manager WRH/LGE:tlw cc: City Attorney Director of Finance Director of Administration and Public Safety Chief of Police Risk Management Officer Office of the City Clerk May 1, 1992 File #178-236 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 30970-042792 authorizing execution of an amendment to the Contract for Services with the Roanoke Redevelopment and Housing Authority to increase funding in the Quick Response to Emergencies component of the Limited Critical Repair Program. Resolution No. 30970-042792 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 27, 1992. Sincerely, /~g~-4~ Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc o pc: Mr. Herbert D. McBride, Executive Director, Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017 Mr. Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director, Public Works Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator Mr. H. Daniel Pollock, Housing Development Coordinator Ms. Marie T. Pontius, Grents Monitoring Administrator Mr. Barry L. Key, Manager, Office of Management and Budget Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of April, 1992. No. 30970-042792. A RESOLUTION authorizing the execution of an amendment to the contract for services with the Roanoke Redevelopment and Housing Authority to increase the funding in the Quick Response to Emergencies component of the Limited Critical Repair Program, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager and the City Clerk are authorized to execute and attest, respectively, an amendment to the contract for services with the Roanoke Redevelopment and Housing Authority to increase the funding in the Quick Response to Emergencies component of the Limited Critical Repair Program, and to execute any other necessary documentation, said amendment to be approved as to form by the City Attorney, as more particularly set forth in the report to this Council dated April 27, 1992. ATTEST: City Clerk. Office of the City Clerk May 1, 1992 File #60-178-236 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 30969-042792 amending and ~eordaining certain sections of the 1991-92 Grant Fund Appropriations, providing for the transfer of $7,248.00 from Home Ownership Assistance to Quick Response to Emergencies, Community Development Block Grant - FY 1992, in connection with execution of an amendment to the Contract for Services with the City of Roanoke Redevelopment and Housing Authority in order to increase funding in the Quick Response to Emergencies component of the Limited Critical Repair Program. Ordinance No. 30969-042792 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 27, 1992. Sinceroly, ~/k~J,.~,__ Mary F. Parker, CMC/AAE City Clerk MFP: sw Eno, pc: Mr. Herbert D. McBride, Executive Director, Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017 Mr. W. Robert Herbert, City Manager Mr. William F. Clark, Diractor, Public Works Mr. Ronaid H. Miller, Building Commissioner/Zoning Administrator Mr. H. Daniel Pollock, Housing Development Coordinator Ms. Marie T. Pontius, Grants Monitoring Administrator Mr. Barry L. Key, Manager, Office of Management and Budget Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 TN TNB COUNCT?. OF THE CTT¥ OF ROANOKE, The 27th day of April, 1992. No. 30969-042792. V'rRGTNTA 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 92 Housing FY 92 (1-2) ............................... $ 2,282,090 604,752 1) Quick Response to Emergencies 2) Home Ownership Assistance (035-091-9120-5203) (035-091-9120-5118) $ 7,248 (7,248) BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. 2?. ~1:i:~oanoke, Virginia April 27, 1992 Honorable Mayor and Members of Council Roanoke, Virginia Dear Members of Council: Subiect: Transfer of CDBG Funds to Limited Critical Repair Program, and Amendment to the Contract for Services with the RRHA. Background: Limited Critical Repair Program is a CDBG funded housing program making limited but critically needed repairs to homes either owned by low-moderate income homeowners or rented to low-moderate income tenants. Limited Critical Repair Program includes the following activities: 1. Quick Response to Emergencies, making expeditious (2t~-72 hours) repairs to homes of low-moderate income homeowners; 2. Critical Home Repair, making repairs to identified homes in greatest need of repair; Emergency Home Repair Program, making repairs to rental units occupied by low-moderate income tenants, to preserve basic liveability. C. Fiscal Year 91-92 funding for Limited Critical Repair Program was $195,000 in CDBG funds. II. Current Situation: Quick Response to Emergencies funds allocated to the RRHA, which admin- isters the operation, have been depleted, with additional need evi- denced for this type of assistance. B. RRHA has asked that additional funds be allocated for their use in Quick Response to Emergencies. C. Funding in the amount of $17~752.00 is available in Quick Response to Emergencies account 035-090-9020-5203. In addition, $2t4,072 is available in the Home Ownership Assistance account 035-091-9120-5118. III. Issues: A. Consistency with established policies and priorities. B. Cost to the City. C. Timing. Page 2 April 27, 1992 IV. Alternatives: Authorize the City Manager to execute an amendment to the Contract for Services with the RRHA (Attachment) to increase the funding in the Quick Response to Emergencies component of the Limited Critical Repair Program by 525,000, and authorizing the RRHA to access the 517,752 in Quick Response to Emergencies account 035-090-9020-~203; and Authorize the Director of Finance to transfer 57~2qg from Homeownership Assistance Program account 035-091-9120-5118 to the Quick Response to Emergencies com- ponent of the Limited Critical Repair Program for use by the RRHA. Consistency with established policies and priorities would be met. The funds made available to Quick Response would stabilize 6 to 8 homes of low-moderate income homeowners, which need repairs immediately. There will be adequate funds remaining for operation of the Homeownership Assistance Program. Cost to the City would be nothing. This involves allocating funds already budgeted to the program for use by the RRHA, and shifting funds from one housing account to another. 3. Timing is such that as soon as the contract amendment is excuted, the RRHA may begin processing applications to arrange for speedy repairs. Do not authorize the City Manager to execute an amendment to the Contract for Services with the RRHA (Attachment) to increase the funding in the Quick Response to Emergencies component of the Limited Critical Repair Program and authorizing the RRHA to access the 517,752 in Quick Response to Emergencies account 035-090-9020-5203; and Do not authorize the Director of Finance to transfer 57~2~8 from Homeownership Assistance Program account 035-091-9120- 5118 to the Quick Response to Emergencies component of the Limited Critical Repair Program for use by the RRHA. 1. Consistency with established policies and priorities would be hindered· 2. Cost to the City would be nothing. 3. Timing is such that the RRHA would close down operation of Quick Response to Emergencies activities until new funds are available in the coming fiscal year (July 1). Recommendation: Concur in Alternative A which will authorize the City Manager to execute an amendment to the Contract for Services with the RRHA (Attachment to increase the funding in the Quick Response to Emergencies component of the Limited Critical Repair Program by 525,000, and authorizing the RRHA to access the 517,752 in Quick Response to Emergencies account 035-090-9020-5203; and Authorize the Director of Finance to transfer 57,248 from Homeownership Assistance Program account 035-091-9120-5118 to the Quick Response to Emergencies component of the Limited Critical Repair Program for use by the RRHA. Page 3 April 27, 1992 Respectfully submitted, W. Robert Herbert City Manager WRH:HDP:rms(CR.63.1,2,3) CC: City Attorney Director of Finance Director of Public Works Building Commissioner Housing Development Coordinator Grants Monitoring Administrator Executive Director, RRHA Amendment No. 2 to 1991-92 Contract for Services THIS AMENDMENT, entered into this day of 1992 by and between the CITY OF ROANOKE (Grantee) and the CITY OF ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY (Subgrantee). WHEREAS, the Grantee and Subgrantee have, by a Contract for Services under the Community Development Block Grant (CDBG) program, dated August 15, 1991, contracted for the provision of certain services by the Subgrantee in relation to the implementation of the City's CDBG program; and WHEREAS, by Ordinance No. , adopted April 27, 1992 City Council has, and by Resolution No. __, adopted April 27, 1992, the Commissioners of the City of Roanoke Redevelopment and Housing Authority have authorized the execution of this amendment to the Contract dated August 15, 1991, such amendment to provide for the administration of portions of the Limited Critical Repair Program. NOW, THEREFORE, the Grantee and Subgrantee do mutually agree to amend: Part I, Section A to amend subsection 1, to read as follows: Limited Critical Repair Pro~ram - The Subgrantee shall administer portions of the Limited Critical Repair Program in accordance with written guidelines as set forth in Attachment 6. Essentially, the Limited Critical Repair Program consists of limited grants or loans to qualified homeowners and landlords to repair of replace seriously substandard components of the owner's structure, using CDBG funds and funds allocated by the Department of Housing and Community Development (DHCD) from the Virginia Housing Partnership Fund (VHPF). The Subgrantee shall administer the Critical Home Repair and Quick Response to Emergencies components of the Limited Critical Repair Program. The total of all such grants/loans to be made by the Subgrantee in Fiscal Year 1991- 92 shall not exceed $171,510 of CDBG funds. Program delivery costs for this program, including salaries, shall not exceed $136,980. Total program cost for components administered by the Subgrantee shall not exceed $308,490." Part II, Section A to replace Table I with attached Table I. Attachment A, to amend Section III, as follows: "III. ALLOCATION OF FUNDING "The Limited Critical Repair Program is funded in Fiscal Year 1991-92 at approximately $213,000 for subsidies, which includes $16,350 from VHPF for the Emergency Home Repair component. The following allocations are made to the three components: Critical Home Repair Component Critical repairs Exterior siding/painting $75,000 21,510 $ 96,510 Quick Response to Emergencies Component Emergency repairs Exterior siding/painting $60,000 15,000 $75,000 Emergency Home Repair Component Emergency repairs $25,000 CDBG 16~350 VHPF $41,350 "The distinct amounts between principal repairs and exterior cosmetics within the individual components is general. The RRHA is not to be bound by these within-component allocations. Also, the RRHA may transfer funds between the Critical Home Repair and Quick Response to Emergencies components as needed and agreed by the City Housing Development Office. "Ail 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." The Agreement shall remain unchanged in all other terms and provisions. IN WITNESS WHEREOF, the Grantee and Subgrantee have executed this amendment as of the date first written above. ATTEST: CITY OF ROANOKE City Clerk City Manager ATTEST: CITY OF ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY Witness Executive Director o o o Office of the City Clerk May 1, 1992 File #112 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 30973-042792 authorizing you to enter into an agreement with Chesapeake and Potomac Telephone Company of Virginia to ailow the city to install, maintain and remove signs, flags, and holiday decorations on or from utility poles owned by Chesapeake and Potomac Telephone Company of Virginia, as more particularly described in a report of the City Manager under date of April 27, 1992. Resolution No. 30973-042792 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 27, 1992. Sincerely, ~0,.~_ Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc o pc: Mr. Michael J. King, Engineering Assistant, C & P Telephone Company, 4043 Oakland Blvd., N. E., Roanoke, Virginia 24012 Mr. William F. Clark, Director, Public Works Mr. Robert K. Bengtson, Acting Manager, Signals and Alarms Mr. Kit B. Kiser, Director, Public Facilities Mr. George C. Snead, Jr., Director, Public Safety Ms. Wanda B. Reed, Manager, Emergency Services Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 27th day of April, 1992. No. 30973-042792. VIRGINIA, A RESOLUTION authorizing the City Manager to enter into an agreement with Chesapeake and Potomac Telephone Company of Virginia to allow the City to install, maintain and remove signs, flags, and holiday decorations on or from utility poles owned by Chesapeake and Potomac Telephone Company of Virginia. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager or Assistant City Manager is hereby authorized to execute an agreement with Chesapeake and Potomac Telephone Company of Virginia to allow the City to install, maintain and remove signs, flags and holiday decorations, on or from utility poles owned by Chesapeake and Potomac Telephone Company of Virginia, as more particularly described in the City Manager's report of April 27, 1992. 2. The form of the agreement shall be substantially as set forth in the attachment to the City Manager's report of April 27, 1992, and shall be approved as to form by the City Attorney. ATTEST: City Clerk. Office of the City Clerk May 1, 1992 File #236-178-226 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 30974-042792 authorizing you, for and on behalf of the City, to file an application with the Virginia Department of Housing and Community Development for a grant of funds under the Emergency Home Repair Program; authorizing you to accept such grant funds; and providing for a local dollar for dollar match. Resolution No. 30974-042792 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 27, 1992. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Eno. pe: Mr. Herbert D. McBride, Executive Director, Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017 Mr. Alvin L. Nash, Deputy Director of Housing and Community Development, Total Action Against Poverty in the Roanoke Valley, Inc., P. O. Box 2868, Roanoke, Virginia 24001-2868 Mr. Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director, Public Works Mr. Ronaid H. Miller, Building Commissioner]Zoning Administrator Mr. H. Daniel Pollock, Housing Development Coordinator Ms. Marie T. Pontius, Grants Monitoring Administrator Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of April, 1992. No. 30974-042792. A RESOLUTION authorizing the City Manager, for and on behalf of the City, to file an application with the Virginia Department of Housing and Community Development for a grant of funds under the Emergency Home Repair Program; and authorizing the City Manager to accept such grant funds. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager shall be authorized, for and on behalf of the City, to file a grant application, a copy of which is attached to the City Manager's report to City Council, dated April 27, 1992, with the Virginia Department of Housing and Community Development for a grant of State funds to be applied to the Emergency Home Repair Program. 2. The City Manager shall be authorized, for and on behalf of the City, to execute any grant agreements establishing the terms and conditions of the City's participation in such grant program. 3. The City Manager shall be authorized, for and on behalf of the City, to make such certifications and assurances and to execute such ancillary documents as may be required by such Department to permit the City's participation in such Program. 4. A local dollar for dollar match shall be provided by the City with respect to the Emergency Home Repair Program pursuant to the guidelines issued by the Department. ATTEST: City Clerk. '92 27 :~2Roanoke, Virginia April 27, 1992 Honorable Mayor and Members of Council Roanoke, Virginia Dear Members of Council: Subiect: Endorsement of Application for State's Emergency Home Repair Program I. Background A The Virginia Department of Housing and Community Development (DHCD) has allocated $#50~000 to the Emergency Home Repair Program providing grant funds to make emergency repairs to housing units occupied by low income families/individuals, or improvements to make the unit handicapped-accessible. DHCD guidelines for the Program include: 1. Grant funds awarded by DHCD must be matched with at least an equal amount Jn cash, in-kind services, labor, etc. from other sources~ 2. Each housing unit may receive a maximum of $1~000 in grant funds from DHCD. City was awarded a $16~350 grant from DHCD in 1991 for the program. City Council approved $25,000 allocation of CDBG funds in 1991 in support of the program. Repairs and improvement to 13 substandard low-income housing units have been made through this year's program, which is administered by the City Jn cooperation with Total Action Against Poverty (TAP). II. Current Situation DHCD has notified the City that grant applications are being accepted for the upcoming year of funding under the Program. Maximum awards to local administrators are expected to be $15,000. Deadline for submission o£ the application is May 1, 1992. City Council will be asked to consider allocating $182~500 in CDBG funds in support of various Limited Critical Repair Programs, one of which is the Emergency Home Repair Program, as part of the FY 1992- 93 CDBG program budget. Total Action Against Poverty in the Roanoke Valley (TAP) has agreed to commit $15~000 in weatherization funds in support of the City's Emergency Home Repair Program (Attachment A) during FY 1992-93. April 27, 1992 Page 2 Application to DHCD (Attachment B) has been developed which requests $15,000 grant award to the City for the Emergency Home Repair Program, and provides for the following: 1. Program operation will be in conjunction with Code Enforcement activities, and will be targeted to occupied rental property that: a. Is occupied by iow income individuals and families; b. Is substandard and may be in danger of condemnation; c. Can be stabilized by limited repairs to avoid condemnation; d. The owner certifies that he/she cannot afford to make the needed repairs; e. The owner is willing to match the grant dollar for dollar (for repairs made to iow-income rental property); and Is occupied by persons in need of handicapped-accessibility improvements or repairs and given special priority. Maximum grant on any unit will be $2~500. Of this, $1,000 would be from State funds and $1~00 from CDBG funds. Property owners are expected to match grant funds dollar for dollar for repairs made to low-income rental property. Any repair costs exceeding the $2~500 grant would be solely the owner's responsibility. 3. Rental property owners commit that low-income tenant's rent will not be increased for a period of one year following repairs. E. Authorization by City Council is required by DHCD in order for the City to submit this application. Upon notification from DHCD that the City will be awarded grant funds~ Council will be asked to authorize acceptance of the grant and to appropriate CDBG funds as a match. III. Issues Consistency with the recommendations of the Housing Development Strategic Plan Task Force, and the City's Comprehensive Housing Affordable Strategy. Impact on housing conditions as a result of program-funded repairs. C. Cost to the City. D. Timing. IV. Alternatives Authorize the City Manager to submit the attached application for the Emergency Home Repair Program to the Department of Housing and Community Development (DHCD). April 27, 1992 Page 3 Consistency with the recommendations of the Housing Development Strategic Plan Task Force and the City's Comprehensive Housing Affordability Strategy is met by: Eliminating blighting influences in neighborhoods through aggressive enforcement of Building Maintenance Codes and encouraging ongoing maintenance of property; Preserving structurally sound residential property in an economi- cally feasible manner, and preventing housing units from becoming uninhabitable; Increasing the quality of low-cost rental housing through targeting rehabilitation subsidies to substandard properties identified via code enforcement; d. Enhancing public efforts to provide appropriate housing for groups with special needs, specifically the physically handicapped. Impact on housing conditions will be positive as additional funding will be available to correct serious health and safety hazards in substandard housing units occupied by low-income citizens, and to make needed improvements/repairs allowing enhanced accessibility to handicapped citizens. 3. Cost to the City will be $15,000 in CDBG funds as part of the FY 1992-93 CDBG program budget. #. Timing is important since the application deadline is May 1, 1992. Do not authorize the City Manager to submit the attached application for the Emergency Home Repair Program to the Department of Housing and Community Development. Consistency with the recommendations of the Housing Development Strategic Plan Task Force, and the City's Comprehensive Housing Affordability Strategy would not be met. Impact on housing conditions will be negative, as a potential tool for stabilizing seriously substandard occupied housing units will be lost. Many of these units may have to be condemned due to the owner's inability to make necessary repairs economically. Further improve- ments allowing enhanced handicapped-accessibility in low income housing may not be made. Cost to the City would be nothing initially, but the long-term effects of continued housing deterioration and abandonment will continue to accrue. Timing would not be an issue. Attachment A Education Employment Health Housing and ~omelessness '~ eighborhoods Economic Deveiopmenl Risk Dru~ April Mr. Bud Chaney Housing Development 215 W. Church Ave. Roanoke, VA 24011 Technician Dear Mr. Chaney: [ am writing in full support of your Emergency Home Repair Program. TAP and the City of Roanoke has an excellent track record of coordination. In order to pool resources, we are offering a match of $15,000.00 through our Weatherization Program. As you know, a combination of Emergency Home Repair and Weatherization is the best way to sustain a housing structure when funds are limited. Effective July I, 1992, we will budget $15,000.00 in Weatherization funds in support of the City of Roanoke's application for Emergency Home Repair Program for rental property. Good luck on your proposal. If you need additional information please contact Lynda Hagee or myself. Sincerely, Alvin Nash Deputy Director of Housing and Community Development Total Action Against Poverty VIRGINIA HOUSING PARTNERSHIP EMERGENCY HOME REPAIR PROGRAM Appendix II LOCAL ADMINISTRATOR CERTIFICATIONS/ASSURANCES BY THE AUTHORIZED REPRESENTATIVE I, W. Robert Herbert Representative of City of Roanoke that the Local Administrator will , Authorized , certify oversee and monitor the use of funds received under this program as required by the Department of Housing and Community Development and the laws of the Commonwealth of Virginia. I certify that the Local Administrator will comply with all ,program requirements set forth 'in the Emerqency Home ReDair ProGram ADDlication Manual 1993 Fiscal Yea~, and will: (1) Require that emergency home repair services be provided on a non-discriminatory and non-religious basis; (2) Require that a Home Repair Agreement be executed between the Local Administrator and the property owner for each housing unit which is to receive assistance; (3) Assure that the Emergency Home Repair Program will operate on a not-for-profit basis; and (4) Assure that State Emergency Home Repair Program Funds will be matched dollar for dollar. W. Robert Herbert, City Manager Name and Title of Authorized Representative Signature Date IV, Administrative Capacity Are you currently operating an ongoing housing rehabilitation, · w ~ ~ ), nne length of time the program has been in operation, the target population, the types of work performed. the. average per unit cost, and the number of units complete~ during the last twelve (12) months. Use one additional page if necessary. Over the fast 10 years, more than $31.5 million dollars have been provided by the City of Roanoke and the Roanoke Redevelopment & Housing Authority for various housing programs. Through these efforts 2,900 housing units have been renovated or improved, and 500 households have been assisted in homeownership. Among programs developed and/or administered by the City is the Emergency Home Repair Program, which provides grants for emergency repairs and handicaDDed accessibility improvements of up to $2,500 to rental housing units occupied by iow-income tenants. Property owners match the grant funds on a dollar for dollar basis. During the fiscal year, the Emergency Home Repair Program repaired or improved 13 iow-income rental housing units at a total cost of $27, 486.66 ($2,114.36 per unit average cost). The Program is currently funded and operational. Describe specifically how many and the type/classification of all. staff within your organization which ars involved in the administration and implementation of your emergency home repair, rehab, or related program. Administrative Staff: Type/Classification # of Positions Names Housing Development Coordinator I D. Pollock Housing Development Technician 1 B. Cheney Administrative Secretary 1 R. Saunders Type/Classification # of Positions Names Housing Manager (TAP) 1 L. Hasee Code Enforcement Inspectors 2 D. Webb D. HaCche=t iii Financial Manaaement: Check the following accounting books used by your organization: a. General Ledger x yes no b. Cash Disbursement x yes no c. Cash Receipts x yes no d. Fixed Assets x yes no List the title(s) of staff responsible for the following tasks: a. opens mail Administrative Secretary b. deposits checks/funds Treasurer's Office c. reconciles checkbook to bank statement Finance Department d. posts cash receipts Finance Department e. approves payments Finance Department Do checks require two signatures? x yes __no Name(s) and title(s) of persons whose signatures are required. Reaui~itions for payment are approved by Buildin~ Com~,~sioner~ R. Miller, and Directoi of Public Works, Bill Clark. Checks are signed by Director Finance, J. Schlanger. Does your organization have an annual audit completed by an independent accountant? x yes no Need f25 Doint~) Answer the following questions with regard to emergency home repair services in your target Census data is acceptable but not preferred. 1. Identify the proposed target area. City-wide iow income rental properties iv the need for area(s). 1980 2. Percentage of population at or below 50% area median 7 % Source: 1980 census Estimated percentage of occupied housing units with and safety related deficiencies. 5 % Source: City of Roanoke CHAS 4. Estimated number of housing units which may require accessibility improvements due to occupants, physical disability. 2,131 Source: City of Roanoke CHAS income. health Does applicant organization have a verifiable waiting eligible households in need of emergency home repair? yes x no; If yes, how many households are on the waiting list? Include copy of waiting list in attachments. list of v P~art VI. Match/Levera,e ¢2S Doi~t~l i state funds expended. What amount of matching resources f ayailable for use a~ .... =~L _ rom all sources will be fiscal year 19937 ~..~ wi=n ~mergency Home Repair funding during C O N OURC S Cash $ 15,000 CDBG Program Income $15,000 Weatherization Funds Committed by TAP In-Kind Match Specify: Volunteer Labor (# hours x $5.) TOTAL VALUE OF MATCH AVAILABLE FOR FY 1993 $ 30,000 TOTAL AMOUNT FY 1993 EHRp FUNDs REQUESTED $ 15,000 To receive noints ~ .... · · = A~ Chis sectlon, documents which verify the availability of match resources be commitment must attached e. · -~-_ ,~board resolutions, inki _ _ ( .g.. ~etters of histo.Au=l =ocumentation for ex~ect~ ~t''-fup=raislng plans, Attacment A EducaUon Emplogment Health Housing and Neighborhoods Economic Developmem Crime Prevention Adult Basic Education/ GED Prepara[lon Alleghanv Highlands Community Home Improvement Program Comprehensive Healih Investment Project CHIP Replication Custom Trammg Emecgencv Services Head Start Henry Street Music Center ~[8h Risk Drug Prevemton Program Housing Counseling Housmg RehaPdltation IMAGE (VOLTI weat~er~ation Women s Resource Center POSt O~[~ce 8ox 2BBS Roanoke, Virgmm Fax ;7051 345-4481 April l&, Mr. Bud Chaney Housing Development Technician 215 W. Church Ave. Roanoke, VA 2~011 Dear Mr. Chaney: I am writing in full support of your Emergency Home Repair Program. TAP and the City of Roanoke has an excellent track record of coordination. In order to pool resources, we are offering a match of $15,000.00 through our Weatherization Program. As you know, a combination of Emergency Home Repair and Weatherization is the best way to sustain a housing structure when funds are limited. Effective July 1, 1992, we will budget $15,000.00 in Weatherization funds in support of the City of Roanoke's application for Emergency Home Repair Program for rental property. Sood luck on your proposal. If information please contact Lynda Sincerely, Alvin Nash ~ Deputy Director of Housing and Community Development Total Action Against Poverty you need additional Hagee or myself. HbD PROJECT CATEGORY: PROJECT TITLE: 13 P~3~-AT~ON Limited Critical l~pair TOTAL PROJECTED REVENUE BY SOURCE ESTIMATED EXPENDITURE AFUNDs TOTAL 1992-93 PRIVATE STATE OTHER REVENUE' FY 92-93 ~OG INCOME TRANSFE} CARRY-OVER $300,758 $165,058t~5,~ $35,000 $15,000 $300,758 PROJECT TYPE: On-going program with new funds added. DESCRIPTION: Program is intended to help low and very low income homeowners and tenants make critically needed repairs to their hemes. Subsidies will range from ~ e~mergency repairs up to $8,000. For very low income homeowners, (below 50Z of median income) the subsidy would be in the form of a grant; for low-moderate income homeowners (50%-80% of median income), subsidy would be a loan at 0Z interest with payments equal to 10Z of the homeowner's adjusted income. The subsidies to home owners will be awarded to the neediest applicants whose situations can be stabilized by the allowed repairs. Program assistance for rental units occupied by low income tenants will be matched by funds from the Virginia Department of Housing and Community Development (HCD) and the owner. Overall, the Program is expected to assist approximately 45 low to moderate income families: LOCATION: City wide. BROAD NAT'L OBJECTIVE: Benefit to low and moderate income persons. SCHEDULE OF ACTIVITY: Activity will continue as soon as practicable after 3uiy BUDGET: Grants and loans to property owners $232,500 Project support costs $ 68,258 Total project costs $300,758 ENVIRONMENTAL ISSUES: This activity could result in impact to the environment in a number of ways - historic properties, potential , archaeological sites, flood plain location and others. Each project will be reviewed for environmental impacts. 2O vi In the space provided, describe your procedures for the following program related dmln~strat~ve activities, and name staff who will ¢on4uct the specified activities: u~q-~X-9~g~: Currently, City Code Inspectors (D.Webb & D. Hatchett) will discover rental units occupied by low-income tenants with housing conditions imminently hazardous to health and safety. Inspection of housing units are made in a systematic approach, through a citizen requests, and through referrals from other departments (i.e. Health Department, Department of Social Services, Child Protective Services, etc.) and outside agencies (i.e. Total Action Against Poverty, Leaque of Older Americans, Center for Independence for the Disabled). Total Action Against Poverty (Housing Manager L. Hagee) identifies potential projects and provides program information to both the tenants and owners of substandard low-income rental property. Program information is provided to property owners receiving orders to repair property issued by the Building Co~m~issioner (Administrative Secretary, R. Saunders). Intake/Eligibility Determination: Upon identification of potential projects by Code Inspectors, or through inquir~ by tenants and property owners, TAP (Housing Manager L. Hagee) visits the housing unit to determine suitability for the program. TAP verifies tenant income and collects appropriate information on an application form. TAP recommends projects for approval by the City (Housing Development Technician, B. Cheney). vii Referrals and Inter-a~encv Coordination: The Emergency Home Repair ProEram is administered Jointly by the City and Total Action Against Poverty. A copy of the current contract for services follows this page. In addition to coordination of Code Enforcement activities with the program, other departments, and agencies refer clients to the pro§ram, as follows: 1. Center for Independence for the disabled (provides matching funds); 2. Health Department; 3. Department of Social Services; 4. Citizen's request for service; and 5. TAP's Weatherization Program. 4. Operational Oversiaht and ReDortinq: The cooperative administration of the Emergency Home Repair Program provides that TA~ (Housing Manager L. Hagee) acts as a subgrantee and performs certain services on behalf of the City in exchange for a $300 Administrative fee per unit. Program administration is the responsibility of the City (Housing Development Technician, B. Cheney). Information for required reports is submitted to the City by TAP. The City is responsible for submission of reports to DHCD. Ail projects undertaken are approved by the City. AGREEMENT made th~ 9th day of September, 1991, :etween the Grmntee: and the Subg~ntee: City of Roanoke 215 Church Avenue, SW Roanoke, VA 24011 Total Act/on Ags/nst Poverty (TAP) ', in the Roanoke Valley, Inc. 145 Campbell Avenue SW Roanoke, VA 24011 Whereas, the City of Roanoke ~ received a Er-ant from the VirEJnim Department of Housing and Community Development in the amount of $16,350, under the provisions of the Virginia Emergency Home Repair Pro~m; and Whereas, Roanoke City Council approved by Resolution No. 30508-51391 on May 1991, the proposed FY 1991-92 budget for the Commur~ity Development Block Gr~t (CDBG) Program, and the Statement of Community Development Objectives and Projected Use of Funds, whereJn $209,000 of CDBG DJnds will be ~11neated to the Limited Critical Repair Program of wb/ch $25,000 targeted to the Emergency Home Repair component is av~i~b/m for program use; and Where~s, the Roanoke City Council on September 9, 1991, reviewed and approved, by Re-s~lution No. 30694-90991 and Ordinance No. 30693-90991, the exe- cution of a contract between the City and Total Action Ag~ Poverty (TAP) concerning operat/on of the Emergency Home Repa~ Program; and ,. Whereas, TAP is experienced in providing services to and on beh~l~ of citizens of low and moderate income, inc/uding ver~g general el~ility of ~tance programs, and in performing or an-arising for the performance of res/dent/al repair and rehabilitation and is the s~ agency authorized to admir~ the federally-f~ded Weather~z. ation program in the City of Roanoke; Now, therefore, the City and TAP do mutua~ a~ee as follows: A. ~Ddget: The total budget for th/s project will be $41,350. The City of Roanoke will provide $25,000 in CDBG funds, to be matched with $16,350 ~rom the Vir~ Department of Ho,~ng and Community Development,s (DHCD) Emergency Home Repair Program as fnUows: City of Roanoke CDBG Funds $25,000 DHCD Emergency Home Repa/r Pro~m Funds ~ TOTAL $~1,350 Community Development Blmck G~-ant funds and Virgirda Department of Housing and Community Development funds will be used only for ei~ repaJz~ to rental unitm occupied ~y lOw-modermte income househnla, in accordance with the Vh~ Department of Ho,~ng and Community Devedopment,s Emergency Home Repair Pro,ram, and for payment of ~llowable adminJ~a-ative fees to Total Action Against Poverty in the Roanoke V~]l~y as in Section D, Paragraph 3, infrm. B. Scope of Services: Utilizing Funds as appropriated and made av~l~bls by the City, but not exceeding $41,350, and Weatherization funds as aw~l~ble to TAP in the City from Vir~'s Weatherization program, aw~l~ble through the Vir~ Department of Hous/ng and Community DeveloDment, TAP sb~11 verify income of resident~ of certain rental properties identi~ed jointly by TAP and the City, and sh~ll provide ? the owns? or as authored by C ty u~ue~ ~n ~ne program ~escr~ption (Attachment B). Page 2 Pr~z~uedur'e: In the course of its enforcement of the Build,n8 Maintenance Code, the City may discover rental residen/~=~ units, occupied by low- moderate income household tenants, that. have imminent health a~d Safety haza~ or ba~ers to habitability. TAP may also di~eove~ ~uoh units through its Weathe--ization Prog~.m and ci~e~ inqui-ies. Fo~ the pu~oses of the Emergency Ho~e Repa/r Prose-am and th/s a~"eement, 'Tow-moderate income household,, i~ defined as a household havin~ income not exceed/nE 80~ of the area reed/an household income, adjusted for household size as establ/shed by the U. S. Department of Housing and Ufoan Development. 2. TAP in cOoper·rich with Building and Health Inspectom of the City sb~n~ a. IdentL,~ the repairs necess~ in om~er to avoid condemnation and an o~der to vacate the unit; be Contact the property-owne~ and obtain fPom bim/he~ written cer~tion that he/she nannot affo~ to make repaY, at least without rent ine_,~.~nses, and written a~ement not to increase the rent due to the repairs for one yea~ aft~ repai,-~ a~ made, to match CDBG funds in the ~-og~m, and Curthe~, to ague to pay the Er-ant back to the City in the event that the r~nt is ine. reased due to the repairs fo~ one yea~ aft~ repairs a~e made· 3. TAP sb~n~ a. Ver~ the income -]~bility of the tenants for ~ progrem and its Weatherization progrem; b. Verify the approximate cost of identiff~ed repa~z~; Determine work el~ to be performed under terms of its Weather~t%on program, if tenants meet income and all other qn~l~"~natlons fo~ t~at program; d. Execute with the owner of the unit an a~reement (Attachment C ) to include the f~]owing: prov~ons that re]ate to specifications of work to be done under the pro,ram, a maximum time of completion, and a price for the work to be performed. a provi~nn t~at the property-owner agrees to refrain from any rent increases on the subject property due to the repaJr work for a period of one year from the date of the com?-t~on cf the work as certified by TAP, that the property-owner agrees 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 ~ of bJm/her obligatlcns ~,age j and responaib~tttes under the Lease A~reement with the property-owner, that _thee peope~cy-~o~wner a~rees not to sell the ~' property for a period o~ one year zrom the date ¢,f completion of" ~ j the work as oertl(led by TAP, that the P~ope~ty-owner a~rees to. · - pay a sum certain pursuant to Art/ale rr (,Responsibilities of the Owne~') of the A~reemeat identiU_ed as Attaohment C, ' ' ' and that the Property-owner a~rees to execute a promissory ' ' note to the City of Roanoke, as proviz/er of funds to TAP for payment of the oost of ~epa/r~ not paid by the owner, for repayment of the ~rant funds to the City of Roanoke in the event of the Property-owner, s nonoom.nli~nee with any one of these prov'L,::'ions; a pro~-~on that the City will make a U'ant of up to $2,500 per unit for repairs neo,-~y to avoid condemnation and vacation; ee a provision that TAP and the property-owner sbmll hold the City of Roanoke, its officers, agents and emp/oyees harmless from any and all damages, los~es, expenses, and o_l~s that may arise by reason of any act or om£~on on any part of TAP, the City, its a~ents or employees, arianE out of or otherw/se related to the rehabilitation of the property subject to the Agreement ident/fled as Attachment C, or on the part of any party with whom TAP enter~ into a contract for work performed pursuant to the Agreement identified as Attachment C. 5. a prov~on that the City ~ have acc~ to the p~ope~cy sub- jeer to ~ A~ement f= ~n of wo~ ~ oom~tion. Req~ ~y eon~e~ f~ w~ ~m~ p~t ~ ~ A~ement or ~y A~emen[ w~ a Pmp~y~wn~ ~d~ ~e ~m~enoy Home Rep~ P~m ~ bnl~ TAP ~d the City of R~oke, i~ o~c~, agen~ ~d em~e~ ~ml,~ ~ ~y ~d ~ damage, ~, expen- d, ~d al-ires ~ may ~ by ~a of ~y ne~ence on ~e of ~y p~y wi~ whom TAP en~ ~ a con~ct fo~ wo~ ~oum~ Provide comprehensive liability htiurance coverage to protect TAP, the City of Roanoke, its offlcer~, agents and employees, and the property-owner for not l~ than $500,000.00 for bodily injury in-l,,ding ancidental death to any one pe~on and not l~ than $1,000,000.00 on account of any one occurrence. TAP will ~ D~- vide property damage insurance in an amount of not 1,_~ than $100,000.00 per occurrence and $200,000.00 per a~gre~ate. Tap will also requ/re all suboontraoto~ to carry comprehensive 1/ability insurance for the proteot/on of partt~ and in the amount of not 1~,~.~ t/lan $250,000.00 in the event of bodily injury including death and $50,000.00 in the event of property damage. Ensure that all contracts between TAP and any person or entity other than the City of Roanoke shall innl,~de a prov~ion that the City of Roanoke is not ohl(~ated to any such person, entity or party other than T A P, executing said contract. P~ge ~ De Compen~aticn and Hethods of' To~ C~: The ~ of ~ ~yman~ ~m ~e C1~ ~ TAP ~d~ ~e ~ of t~ con.ct ~ not exee~ ~41,350, ma~, ex~ ~ TAP's ~on~e~, bu~l~ng p~, ad~ve c~, ~d any o~ ~.wa~ c~. Subcon~c~: TAP may ~ oth~ ~va~ subeon~c~ Form wo~ ~men~ TAP ~ no~ q~ be ~d by ~e City ~d~ ~e ~ms of ~ con~e~ ~ eo~ ~w~ ~e $~1,350 Emit, wi~ a Emit oF $2,500 p~ ~t. TAP ~ ob~ a m~mum oF ~wo (2) compe~ve con~c~ ~ ~b ~1~_~ w~ved by the City em~ency, ~d w~ aw~ the wo~ ~ ~e ~w~ a~ ~ p~m wi~ ~na~ ~me. Administrative Cost: TAP may charge an adminJmtrative fee to the City, in addition to the direct charge of the contracted work per- formed under thi~ program. Such admint~crattve fees s~ll not exceed $300 per unit. e Subm£~mn of Invoic~. Reimbursement of mllmwahl~ expenses shall be paid to TAP by the City within ~Cteen (15) working days from receipt o£ the ~ invoice from TAP. Such final invoice may not be submitted by TAP or accepted by the City before inspection by :he City Building Department and acceptance of the completed work by the Housing Development Of~ee. Time of Performance: The term of th/s asreement s~]l not extend beyond the earliest of June 30, 1992; expenditure of aL1 of the funds ~l~r~ated to the Program by the City; or cancellation by eider party as provided in Section P infra. Com?~nce with Federal Re~,~_ation~: The Subgrantee agrees to abide by the HUD condit/ons for CDBG programs as set forth in Attachment A, and all other appl~able federal reguOat/orm relaUng to the speeific program performed hereunder. G. Confltct of Interest: No emDloyee, agent, consultant, officer or appointed offic/al of TAP who is in a position to participate in a dead.on-making proe~-~ or gain in.de information with regard to any. CDBG activities, may obtain a personal or ~nanc~sl interest in or benefit from any of the activities, or have an interest in any contract, subcont~-act cr agreement with respect thereto, or in the proceeds thereunder, either for themselves, the~ family or buainess a~ociates, during their tenure or for one (1) year thereafter, H. Hold Harmlm_~ A~reement: TAP ~hmll hold the City, its o~/cers, agents, and emDinyees hsrml,_.~a from any and all damages, losmes, expenses and alm~ms that may arise by reason of any act or om~on on the part of TAP, its agents or employees, or on the part of any party with whom TAP enterm into a contract for work performed pursuant to this Agreement. TAP shall require any Such suboontz-aotor to hold TAP and the City, its officer~, agents, and employees harm/~ss f~om any and all damages, kx~ses, expenses and ~l~m_. that may arise by reason of any ne_=l~.=enee on the part of the subcontractor, its agents or employees, or on the part of any party with whom TAP entem into a contact for work performed pursuant to this A~-eement. Liability Insurance Coverage: TAP is regm~ed to provide compcehenaive liability insurance coverage to p~oteot T;(P, the City, the City's offleer~, agents and employees and the homeowne~ for not ]._~ than $500,000.00 for bodily injury, ine. lnding 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 ]--~ than $100,000.00 per occurrence and $200,000.00 per aggregate. TAP sh~n also provide workmen,s compensation insurance as required by the Workmen's Compensation Law of Virgirda. TAP shall furnish evidence of its insurance coverage to the City. TAP will also require all subeontractom to carry comprehensive liability insurance for the protection of the parties, naming said parties as named insureds, and in the amounts of not less than $250,000.00 in the event of bodily injury inn~,,ding death and $50,000.00 in the event of property damage. T A P s~ aiso require all subeontz-acto~ to carry workmen's compensation insurance es required by the Workmen,s Compensation Law of Virgin~. The amount of such insurance shall not be construed as a limit upon the obliFation of T A P, a subcontractor of T AP's cc on the part of any party with whom TAP contracts for work performed P~t to th~ Agreement. Therefore, TAP's coverage should provide for all l~ability assumed by TAP under this A~reement. Uniform Admird_~n-ative Requirement.~. The sub~rantee sbmll comDly with the requirements and standards of OMB Cirou]ar No. A-122, "C~st PrinciDlas for Non Profit Or, amidst/ohs: and with the fnllnwing At%achments to OMB Cir~ul=, No. A-110, if applicable: Attachment A, "Cash Depo~itor~m.~,,; Attachment B, "Bonding and Insurance,,; Attachment C, "Rententlon and Cu~t=l Requirements for Records,,, Attachment F, "Standards for Financ/al Sy~mM,; Attaohment H, "Mollitoring and Reporting Program Performance,,, pa~graph 2; Attachment N, "Property Management Standa~; and Attachment O, "Procurement,,. Pro,ram Income: "Program Income,' means gross income received by the Grantee or Subgrantee d/reot~y generated from the use of CDBG funds. Program income fi-om any and all sources shall be submitted to the City within five (5) work/nE days of its receipt by the Sub~T'antee. Program income does not in-l-de funds provided by property owners es a match for the rehabilitation ~rant. Records and Reports: The Sub~rantee sha]l 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) year~ after the expiration date of this Agreement or its amendments. Appropr/ate City and/or HUD personnel sb~11 have Pre, access to those records during the Agreement durat/on and the following three-year time period. ~age o Ne The Subgrantee ~ submit a report each quarter to the Grantee,s Office of Grants Com.n?t~nce, with a copy to the Ho,~ng Development Office. Such reports shall cor~t of an accounting of funds committed and expended from each funding source fc~ the period, and a report on famLlies and persons benefiting from the grants. Format of reports will be mutuaLLy agreed upon by Grantee,and Subgrantee. Reversion of A~sets: Upon expiration of th~ Agreement, or amendments :hereto, the Sub~:antee sb~l transfer to the City any CDBG funds or program income on hand ab 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 s~Ll be furnished to the Grantee,s City Manager and Director of finance within m~rty (30) days of completion of the audit. Third Party Contracts: The City shall not be obligated or l~able hereunder to any party other than TAP. All contracts between TAP and a third party ~ include a prov~on that the City L~ not obltgated cr Eab~ thereon to any party other than TAP. Cancellation C]ause: In the event either party should fa~l to carry out the provt~ons and intentions of this Agreement and its attach- merits, the other party may, by a written ten (10) day notice, cause th~ contract to be cancelled. Likewise, sho,~[d either par~y determine that it cannot succ--~eully 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 to the part~e~ as follows: 1. In the case of the City, be addre.~t or delivered to the: City Manager 215 C hutch A venue S W Roanoke, VA 24011 ~n the c~se of TAP, be addressed to or delivered to the: Executive Director ?. O. Box 2868' Roanoke, VA 24001 In the event of such cancellation, projects underway or for which TAP has made commitments to subconU~ctors will be comDlsted by TAP as otherwime provided in th~ 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. /n Withess Whe~,eof, the City and TAP have executed this ASreement aa of the da~e f~ above w~itten. C.',~ of Roang~e - - ' Robert Herbert City Manager Total Action Aga/nst Pove~y in the Approved aa to-Form A~s~t City Attorney Approved aa to Execution A~s~Tant City Att~rney ~D~Ct~ of F~ce Appropriation and Funds Required for ~ Contl-act Certifled ATTACHMENT A U. S. DEPARTMENT OF HOUSZNG AND URBAN OEYELOPNENT GRANT ~GREEHENT ¢OM~4UNZTY OEVELOPHENT 8LOCK GRANT PROGR~4 SPEC[AL TERMS ANO CONOZTZONS FOR SUSGRANTEES (CONTRACTS OVER ."__Comliance inthe Provisi ' ' ~~r vls'o~ n of Trainino c..,_. . ~ ~,- ,u nt and Business A. The work to be performed under this contract i~ on a project· assist unde~ a Program Providing d;rect Federal financial assistant ed Department of Housing and Urban e from requirements of Se~*~- ~ -: ~ Development and ic ..~__~ the 1968, as amended ~¥~ ~ ~vr ,c~e ~ousing and Urban ~e-~cc~ to :he Fea"stw t ;L;' es,dent Pof r .or tra,n,,g and 'plo ent ;v LJL ,on with the project be ect area and contracts for ,or, l~cated m, or owned in substan*~-, ~d. to business concerns which or the project. ~,~, par: oy persons residing in The parties to this contract wilt comply with the provisions of said Section.3 and the regulations issued r The contractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or contract or understanding, if any, a n ' · · . a lavai this lable to employees and applicants for emplo.vment or training. ces i pla- 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 Federa · · ap?opriate action pursuan ~ .... 1 f~nanc~al assistance ~ { --- ~-~a. uevemopment 24 CFR o... ~,~ ~? -~ --~ Jecrerary of suacon~ract with any ~..,...~.. _~_'_~_'t~~j:' ~? contractor will not . SUb ..... auuu; enere lC has notice or knowledge tha: the latter has been found in vio]ation of regulations under 24 CFR Part 13S and will not let any subcontract unless the subcontractor has firs: provided it with a preliminary statement of ability to comply with tme requirements of these regulations. Compliance with the provisions of Section ? 24 CFR Part 135 ..a .,, .... 3, t~e regulations set fort~ uepartment issued ~.L'._~'Y_ ~". app~cao)e ru~es and orders o~ shall be a conditio~:~"~'~r~_~[?~ F? th? .execu.tton of the con r project, bindin ~- ~-~ -uuera~ rmanc]a) assistance provided · g upon the applicant or recipient for such assistance, ~ts successors and assigns. Failure to fulfill these requirements s~all subject the applicant or recipient, its contractors and subcontractors, it successors and assigns to ~hose sanctions specified by the grant or loan agreement or contract through which Federal assistance is providea, and to suc~ sanctions as are specified by 24 CFR Part 135. Be E~ ~gual Emploxment Opportunitx: : .... ,-..~-~ Contracts subject t? E~ecutfve O'r~e~.l{~ a~s amended: Such contracts ~hal! be subject co HU~ Opportunity regulations at 24 CFR Part 130 applicable to ~Q-as?sted construction contracts. ~ 7he Subgrantee shall cause or require.to be inserted in full in any non- exempt contract and subcontract For ' ....... -- ?uu~s~ructlon 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: A. 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, rel!gion, 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 2¢, lg~$, 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- F. In the event of the ~t~ noncompliance with the non- discrimination clauses of t 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 contrac.t~ 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 b~ law. Fhe 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- rS°ns 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 opportunity clause with respect to itc ....... bound.by the above equal participates in Federally-assisted co~s~-.m~'~P'°)Ine~ practices when it ucc~on wor~, provided, that if the Subgrantee so participating is a State or loca) 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, lg&S, 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 Oegartment 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 ~ay 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 :~e cause to the Department of Justice for appropriate legal proceedings. -3- Federa] 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 2g 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. ~tle VI of the Civil Riohts Act · Agreement is subjec of 1964. This lghts Act of 1964 (P.L. 88-352) and HUD regulations with respect thereto, including the regulations under 24 CFR Part i. 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 l~nd .to. be inserted in the deed or lease for such transfer · · d!scrlmlnation upon the basis of race, color reli-i ..... , ~?h~lting , ~ u., ~ex 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 Relationshi s: the Agreement, notwithstanding its designation of any third party or parties for the undertaking of all or any part of the program with respect to which assistance is being provided under this Agreement to the Subgrantee. Any Subgrantee which is not the Applicant shall comply with all lawful require- ments of the Applicant.necessary to insure that the program, with respect to which assistance is being provided under this Agreement to the Sub ran ~ carried out in accordance w~th the Applicant's Assurances and ce tif ~ OhS, including those with respect to the assumption of environmental responsibilities of the Applicant under Section ~04(h) of the Housing and Community Development Act of 1974. 6. Interest of Certain Federal Officials: No member of or delegate to the Congress of the United States, and no Resident Coa~nissioner, shall be admitted to any share or part of this Agreement or to any benefit to arise from the same. -4- o oyee body of the locality in which the Program is situated, and no other public the governing official of such locality or localities who exercises any functions or ~ponsibilities with respect to the program during his tenure, or for one year thereafter, shall have any in;erest, direct or indirect, in any, contract or subcontract, or the proceec~s 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 Tn of :his section. ' ' retest pursuant to the purposes ~ha°' ~u~.L°~.??on: The assistance pro- c°rnmissi~~l~J ~a mr one payment of any bonus or ~ch assistance, or HUD approval or applicati~s°~ of the application for additional assistance, 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. 9. 'Section iOg': This Agreement is subject to the requirements of Section Ibg 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~l: this Agreement is subject to the requlrements of Executive uroer 11246, Executive Order 137S, Civil Rights Act of ig64, as amended. Access shall be permitted during normal business hours to the premises for the purpose of conducti . · reviews and inspectina and c nv'.~ ~.~ ~__~_ .rig on site compliance material as may be r-i----. ~ ~? .uu~s, recoras, accounts, and other ~,~.a.~ ~u one matter under in .... -~---, ~ .... -~a~,~on ana 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 ~ction 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 low-moderate income tenants. Improvements to make the unit handicapoed-accessible for existing tenants are also eligible. ' Basic Eligibility ._ Low-moderate income tenants in rental units with serious health or salety 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. 2. Form o! 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. 3. 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 reterred to TAP for investigation of eligibility and expected cost of repairs· TAP 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 b~ all 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 :he repairs, to the match, and to not increase the rent or raise the rent based on :he funds from the VHPF and CDRG. 0.. _Construction .. ]'AP 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, ]'AP will have the Housing Development Office inspect the work to verify its adequacy to avoid condem- nation. Upon approval by the Housin8 Development Office, TAP will submit an invoice to the HousinB Development Office for payment, in accordance with the contract with TAP for administration of this activity. ALLOCATION OF FUND[N~ The Limited Critical Repair Program is.funded in Fiscal Year 1991-92 at approximately $209,000 for subsidies, which includes $16,3~0 from VHPF for the Emergency Home Repair component, initially the following allocations are made to the three components: Critical Home Repair Component Critical repairs " $75,000 CDBG Quick Response to Emergencies Component Emergency repairs ,.. Exterior siding/painting $~2,000 CDBG " 8,000 COBG Emergency Home Repair Component Emergency repairs $22,000 CDBG l&,]§O VHPF T~e 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 day of AGREEMENT , 19__ At:tac~en: C Between TAP: a~d the 0 where. Total Act~n Against Poverty in the Roanoke V~l~ey, Incorporated 145 Campb~ Avenue SW R~oke, V~ 24011 Concerning a certain rental proper~y (Hereinaf%er the "Property-) in the City of Roanoke, identif2ed a~ Off~ci~l Tax Map Number , described , located at WHEREAS, the Owner hereby certifies he/she/they own the Property and rent it for r~-~denti~l use; and WHEREAS, the Property has been inspected and is determined to be in noncomplt~nce with the B-ild(ng Maintenance Code, or having need of handicap acc--~bility improvements due to handicapped individuals occupying the ~-operty. WHEREAS, TAP has determined that the current tenants of the [a~operty bare incomes not exceeding 80% of the median family income for the Roanoke area; and WHEREAS, the Owner cern/fins he/she/they cannot afford to make the nece~ary reps/rs without incr~ng rents eharEed to the current tenants; and WHEREAS, the City of Roanoke is wi]t{ng to pay up to $2,500.00 under the EmerEeney Home Repa/r ProEram to make necessary repa/f~ to the property, if the 0 wner a~"ees to certain conditions; THEREFORE, the parties to the A~reement do mutually a~ree as fallows: I. RESPON&UT~ILITIES OF TAP 1. As a licensed contractc~, TAP will perform or arrange to have performed the following repairs: at a total c~ of ($ ). TAP will insure that all applh'mh!e bnilM~ng permits are obtained for the work to be performed. 2. TAP a~rees to complete the repairs within .. days of the execution of this Agreement by all parties. Upon comDletion, T~'P will not~_~y ~'~e City B:,ilding Department and the Owner. Page 2 E. RESPON~,I~s OF THE OWNER As party to this A~eement, the Owner authorizes TAP and its subcontractors to make reDa/rs and improvements as identified in Section I, and to ~ovide TAP and its subcontractors access to the pruperty at reasonable times for the purposes of performing the repa/r work, and provide the City of Roanoke acce~ for inspection of work after oompletio6. In addition, owner a~rees to pay ($ ) to be paid to TAP by owner upon owner's execution of this a~reement, 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 refPain fPom any rent increases on the Property due to the repair work for a period of one year from the date of the oom[lletion of the work as certified by TAP. The Owner a~rees to provide TAP with a copy of the Lease Agreement between the Owner and the tenant occupying the Property which shall not exp/re before Further, the Owner a~rees 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 h/s/her obliEations and responsibilities under the Lease A~-~ement with the Owner. The 0 wner awrees not to sell the property for a peric~ of one year from the date of completion of the work as certified by TAP. The Owner a~rees to execute a promissory note to the City of Roanoke, as provider of funds to TAP for payment of the cost of rep&~ not [~%id by the Owner, in the amount of ($ ), for repayment to the City of Roanoke in the event of the Owner's noncomnUance with any one of these prov~-~ons. · III. HOLD HARMLESS AGREEMENT The Owner and TAP ~ hold the City af Roanoke, its of~leers, agents, and employees b~ml~ f~om any ~d all damages, 1~, expenses, and ~l~!ms that may ~ by ~n of ~y act or omt~on on ~e ~ of TAP, ~e City, i~ agen~ or em~ye~, ~g ou: of or o~w~ ~ ~ ~e ~b~on of ~e p~p~y ~b~t ~ ~ A~ment, ~ on ~e ~ of ~y ~y wi~ whom TAP ~ ~ a con.et for wo~ ~m~ p~t ~ ~ A~ement. TAP ~ ~ ~y ~ch con~c~ ~ bela TAP ~d ~e City of R~noke, i~ o~c~, agen~ ~d em~ye~ ~m].~ ~ ~y ~d ~ ~mag~, ~, ex~n- ~, ~d n]~ms ~t may ~ by ~n of ~y he.once on ~e ~ of ~e subcon~c~, i~ agent, ~ em~ye~, ~ on ~e ~ of ~y ~y wi~ whom TAP en~ ~ a con~ct f~ wo~ ~m~ ~: ~ ~ A~ment. IV. THIRD PARTY CONTRACTS The City shall not be obli~ated or liable to any party executing thi~ Agreement, other than TAP, as set forth in the Agreement dated September 9, 1991. ~age 3 . V. LIAR~ITy INSURANCE COVERAGE TAP is requL-ed to provide comprehensive l~ability insurance coverage to protect TAP, the City of Rcanoke, its oral, em, agents and employees, and the Owner for not l~m than $500,000.00 for bodi~ .injury inch~ding accidental death to any one per,on and not less than $1,000,000.00 on account of any one occurrance. TAP will a]2o provide proper~y damage /nsurmnce in an amount of not 1~_~ than $100,000.00 per occurrance ~nd $200,000.00 per aggregate. TAP will ~ requ/re all subcontractor~ to carry comprehensive ]/ability insurance for the protection of parties, naming said parties as named insureds, and in the amount of not ]~_~ than $250,000.00 in the event of bodily injury inm!uding death and $50,000.00 in the event of ~-operty damage. VI. CANCELLATION CLAUSE In the event either party should fail to carry out any proven or intention of th~ Agreement and its attachments, either of the par~ may, by a written lO-day not/ce cause this Agreement to be cancel'led. Likewise should either party determine that it cannot succ-~dly carry out its port, on of the A~reement, the A~reement may be canc-]l-d by a written lO-day notice to the other party. However, in the event of such nanc-n~tion due to the /ack of performance by a party hereto, such party a~n reimburse the other party for costs they have incurred in good faith and reasonable expectation of the Culf1~qment of this Agreement by both par~es. Such notices ~-ll be either delivered by hand or m~i~-4 to the pact/es as fnllow~ 1. In the came of TAP, be addressed or delivered to the: Executive Director Total Action Against Poverty in the Roanoke V~ll-y, Incorpormted 145 Campbell Avenue SW Roanoke, Vk-~in~a 24011 2. In the came of the Owner, be addressed to c~ delivered to: VII. AMENDMENTS Any changes as mutually agreed upon by TAP amd the Owner shall be incorporated in written amendment to this Agreement. IN WITNESS WHEREOF, TAP and the Owner have executed ~ Agreement as of the date ~ written above. 0 W ncr TAP: Executive Director Witness: Date: PROMISSORY NOTF FOR VALUE RECEIVED, the undersigned promises to pay to the CITY OF ROANoKe, VIRGINIA, on order, at its municipal offices in the said City, the principal sum of ($ ~ ~._) ~nterest. If the ur~ersigned comnli~,~ ~;,~, ~,1 _~ DOLLARS terms and conditions contained in Section II of the agreement b~twe~ TOTAL ACTION AGAINST POVERTY and the undersigned, for the performance ot repair work on c.rtain properly of rh~ undersigned under the Emergency Home Repair Pro,ram, executed on , 19 , and incorporated her~in, the entire de~t will be d~d to have been satisfied and will be forgiven by the City as ot If there be a breach of the terms and condition contained in Section II 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 o! 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 o! this Note. The time of payment o! 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 oI 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 a/l 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 CITY OF ROANOKE The foregoing Promissory Nol:e w~s acknowledged before me Chis day of .... , 19 by My Commission expires: 2of 2 viii In the space provided, describe your procedures for the following program related project (field) activities, and name the staff who will perform the specified activities. Projects are identified through Code Enforcement Inspections (Inspectors D. Webb and D. Hatchett) and through program staff inspections. (TAP Manger L. Hagee). Work Write-up / Cost Estimating / Job Bidding: (If you are using your own employees to complete describe how you will insure cost reasonableness) repairs, Work Write-Ups are performed by TA1~ (Housing Manager L. Hagee)' (based on violation notices and inspection reports if project identified through code enforcement). Ail jobs are competively bid by at least 2 subcontractors through TAP to ensure cost reasonableness. Job Supervision and InsDect%~n: TAP (Housing Manager, L. Hagee) will oversee construction in progress, to ensure that all work is performed in accordance with the work write-up. TAP will recommend to the City (HousinE Development Technician, B. Cheney) any change orders required during the construction. All projects are performed under the proper Building permits, and all work is inspected by the City's Building Inspectors to ensure compliance with Building Code requirements. Code Inspectors (D. Webb and D. Hatchett) may also inspect work as needed. City (Housing Development Technician B. Cheney) may inspect projects to ensure compliance with program guide- lines and requirements. ix Final Inspection / Sian-o~f: TAP (Housing Manager, L. Hagee) will perform final inspections of all projects. City Building Inspectors will perform final inspections on all work performed under permit to ensure building code compliance. Code Inspections (D. Webb and D. Hatchett) will ensure that the key health and safety concerns have been addressed upon completion of the repairs. Other agencies, such as the Center for Independence for the Disabled may also inspect the improvements to which they contribute funds upon their completion· The City (Housing Development Technician, B. Cheney) may inspect housing units improved and repaired under the program to ensure program goals and requirements are met. TAP will obtain a sign off from the low-income tenant that all work was performed in a satisfactory manner. Project Schedule Based on the amount of funds ~, estimate the number of units to be completed during each of the following periods: PERIOD CO First Quarter (7/1/92-9/30/92) 2 5 5 3' 15 Second Quarter (10/1/92-12/31/92) Third Quarter (1/1/93-3/31/93) Fourth Quarter (4/1/93-6/30/93) TOTAL COMPLETIONS FISCAL YEA~ 1993 VIRGINIA HOUSING PARTNERSHIP EMERGENCY HOME REPAIR PROGRAM Appendix II LOCAL ADMINISTRATOR CERTIFICATIONS/ASSURANCES BY THE AUTHORIZED R~PRESENTATIVE I, R~H CB~y , Authorized Representative of C4ty nF R~n~e: Virginia , certify that the Local Administrator will oversee and monitor the use of funds received under this program as required by the Department of Housing and Community Development and the laws of the Commonwealth of Virginia. I certify that the Local Administrator will comply with all ,program requirements set forth 'in the Emerqenc¥ Home Repair Proqram Application Manual 1993 Fiscal Year, and will: (1) Require that emergency home repair services be provided on a non-discriminatory and non-religious basis; (2) Require that a Home Repair Agreement be executed between the Local Administrator and the property owner for each housing unit which is to receive assistance; (3) Assure that the Emergency Home Repair Program will operate on a not-for-profit basis; and (4) Assure that State Emergency Home Repair Program Funds will be matched dollar for dollar. Bud Cheney, Housing Developmen~ Technician Name and Title of Authorized Representative S ign~ture Date Appendix II S/%/4PLE GOVERNING BODY RESOLUTION II WHEREAS the Commonwealth of Virginia, Department and Community Development has issued a Notice of Availability and Request for Proposals under the HOME REPAIR PROGRAM, and of Housing Funding EMERGENCY WHEREAS assistance is needed to effectively and adequately address the emergency home repair needs of low-income persons to be served by III IV (Name of Organization or Government Unit) in , and (Grant Target Area) WHEREAS an application for a grant under this program has been prepared, and WHEREAS (Name of Organization or Government Unit) agrees to provide emergency home repair services to those in need in conformance with the regulations and guidelines of this State Program, and WHEREAS (Name of Authorized Representative) can act on behalf of (Name of Organization or Government Unit) and will sign all necessary documents required to complete the grant transaction, and ~ V VI VII WHEREAS a local dollar for dollar match is required under the program and will be provided, NOW, THEREFORE, BE IT RESOLVED THAT the (Board of Directors or other governing body) of (Name of Organization or Government Unit) hereby authorizes (Authorized Representative) to apply for and accept the grant and enter into a Grant Agreement with the Virginia Department of Housing and Community Development and undertake any and all actions and responsibilities in relation to such Agreement. Name and Title of Governing Body Official Signature Date Office of the City Clerk April 28, 1992 File #237-188 The Honorable L. Douglas Wilder Governor of Virginia Governor's Office Third Floor State Capitol Richmond, Virginia 23219 Dear Governor Wilder: I am enclosing a certified copy of Resolution No. 30975-042792 declaring a local emergency in the City of Roanoke; authorizing emergency powers to the City Manager as Director of Emergency Services; authorizing the City Manager to make application for Federal and State public aid and assistance to deal with such emergency; designating the Director of Finance as the fiscal agent for the City; and calling upon the Federal and State governments for assistance. Resolution No. 30975-042792 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 27, 1992. Sincerely, ~4~L~- Mary F. Parker, CMC/AAE City Clerk MFP: sw Eric. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 Office of the City Clerk May 1, 1992 File #188-237 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 30975-042792 declaring a local emergency in the City of Roanoke; authorizing emergency powers to you as Director of Emergency Services; authorizing you to make application for Federal and State public aid and assistance to deai with such emergency; designating the Director of Finance as the fiscal agent for the City; and calling upon the Federal and State governments for assistance. Resolution No. 30975-042792 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 27, 1992. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Eno. pc: Mr. Joel M. Schlanger, Director of Finance Mr. George C. Snead, Jr., Director, Public Safety Ms. Wanda B. Reed, Manager, Emergency Services Mr. Kit B. Kiser, Director, PubUc Facilities Mr. William F. Clark, Director, Public Works Mr. James D. Ritchie, Director, Human Development Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Vitginie 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of April, 1992. No. 30975-042792. A RESOLUTION declaring a local emergency; authorizing emergency powers to the City Manager as Director of Emergency Services; authorizing the City Manager to make application for Federal and State public aid and assistance to deal with such emergency; designating the Director of Finance as the fiscal agent for the City; and calling upon the Federal and State governments for assistance. WHEREAS, the Council of the City of Roanoke finds that the City has sustained dangerous flood conditions and that, due to the floods, enormous and, as yet, incalculable property damage has been done; and WHEREAS, due to the floods, a condition of extreme peril to life and property necessitates the proclamation of the existence of an emergency; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. It is hereby proclaimed that an emergency now exists throughout the City and that such emergency has existed since April 21, 1992. 2. Such state of local emergency shall continue until this Council has adopted a resolution declaring its end. 3. During the existence of the emergency declared by this resolution, the City Manager, as Director of Emergency Services, shall have those powers, functions and duties prescribed by the Code of Virginia (1950), as amended, the Roanoke Charter of 1952, the Code of the City of Roanoke (1979), as amended, and the Emergency Operations Plan approved by this Council in order to further the public health, safety and welfare, address the needs of the people of the City of Roanoke and mitigate the effects of such emergency. 4. The City Manager is hereby authorized for and on behalf of the City to execute applications for Federal and State public aid and assistance as is necessary and proper to meet this emergency and to provide to Federal and State agencies for all matters relating to Federal and State disaster assurances Management governments. and agreements required by Agency and other agencies assistance the the Federal Emergency of State and Federal 5. The Director of Finance is hereby designated as the City's fiscal agent to receive, deposit and account for Federal and State funds made available to the City to meet the emergency declared by this resolution. 6. The Council calls upon the Federal and State governments to take steps to afford to the City of Roanoke and to the persons and business concerns and other organizations and agencies suffering injury and damage from this disaster such public aid and assistance as is necessary and proper to meet this emergency. 7. The City Clerk is directed to forward an attested copy of this resolution to the Honorable L. Douglas Wilder, Governor of Virginia. ATTEST: City Clerk. x)2 a?? 23 Pa:22 Office of the Cit',/Manager April 23, 1992 To The Honorable Noel Taylor, Mayor and Members of Roanoke City Council Roanoke, Virginia 24011 Dear Mayor and Members of City Council: I made a decision on April 22 to make a declaration of local emergency with regard to the flooding we experienced the previous day. The purpose of the declaration is to enable the City of Roanoke and, more particularly, homeowners and business owners to potentially qualify for federal assistance should Governor Wilder apply to the President of the United States for a federal disaster designation. It appears that Virginia will join North Carolina and ask for a joint declaration based upon preliminary estimates provided to our Office of Emergency Services. The agenda for the regular council meeting of April 27 was closed at noon on Wednesday, April 22; therefore, I am requesting this item to be added to the agenda of the April 27 meeting. The City Council must ratify my declaration of Focal emergency within one week and, therefore, it would be appropriate for City Council to take this action on Monday. Should you have any questions, please do not hesitate to call me at the office or at home. Otherwise, I will be prepared to make a briefing statement at the April 27 council meeting, and I shall be happy to answer any questions that you may have. RespectfulJy submitted, W. Robert Herbert City Manager CC: Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. George C. Snead, Jr., Director of Administration and Public Safety 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 v~Ms. Mary F. Parker, City Clerk Ms. Wanda Reed, Manager, Emergency Services Room 364 Municipal Building 215 Church Avenue, SW Roanoke Virginia 24011 (703) 981-2333 · CITY OF ROANOKE:. April 27, 1992 '92 TO: Honorable Mayor and Members of City Council FROM: Joel M. Schlanger SUBJECT: Monthly Financial Report Attached is a copy of the financial report for the month of March, 1992. JMS/kp Attachment CITY OF ROANOKE, VIRGINIA GENERAL FUND CONTINGENCY BALANCE AS OF MARCH 31, 1992 General Contingency: Balance July 1, 1991 Ord. No. Department CMT City Clerk CMT Engineering CMT City Attorney CMT City Manager 30680 Police - Investigation 30697 Income Maintenance 30767 TAP 30795 Personnel CMT City Attorney CMT City Attorney 30850 Social Services CMT Planning CMT City Attorney CMT City Attorney CMT City Attorney 30894 Contributions 30896 Contributions 30908 Communications Excess Maintenance Contract Funds Excess Maintenance Contract Funds Excess Maintenance Contract Funds Excess Maintenance Contract Funds Portable Radios Additional Position Transitional Living Center Pay Plan Review Professional Services Professional Services Day Care Fifth Planning Diet, Services Litigation Litigation Litigation Convention Bureau Virginia Amateur Sports Enhanced 911 409,797 5,000 1,716 2,416 2,648 14,755) 10,432) 37,500) 36,174) 5,000) 5,000) 46,000) 5,000) 5,000) 5,000) 5,000) 13,465) 30,000) 48,456) 155,795 Maintenance of Fixed Assets Contingency: Balance July 1, 1991 Ord. No, Deoartment 30885 Building Maintenance 30926 Building Maintenance ~uFooee Festival in the Park Victory Stadium Repair 26,725) 22,500) 160,775 Equipment Repiooement Contingency: Balance July 1, 1991 Ord. No. Department CMT Communications CMT Communications Puq3,os., Telephone System Telephone system 2,585) 5,000) 592,415 CITY OF ROANOKE, VIRGINIA GENERAL FUND CONTINGENCY BALANCE AS OF MARCH 31, 1992 (CONTINUED) Supplemental Budget.: Balance July 1, 1991 Ord. No, Department CMT Personnel CMT Personnel Minority Recruitment Minority Recruitment 7,100 2,100) 5.ooo) Total Contingency Balance 898,985 2 CITY OF ROANOKE, VIRGINIA GENERAL FUND STATEMENT OF REVENUE Revenue SourGo General Property Taxes Other Local Taxes Permits, Fees, and Licenses Fines and Forfeitures Revenue From Use of Money and Property Education Grants-in-Aid Commonwealth Grants-in-Aid Federal Government Charges for Current Services Miscellaneous Revenue Internal Services Total Ycar to Data for tha PeKod Jul 1-Mar 31 Jul 1-Mar 31 P~entage 1990-91 1991-9~ of Chenoe $ 26,357,523 $ 28,971,636 14.25% 25,904,081 25,676,084 ( 0.88%) 405,241 381,131 ( 6.96%) 507,147 417,683 (17.64%) 923,425 534,863 (42.08%) 22,577,422 22,165,624 ( 1.82%) 14,993,321 15,649,251 4.37% 32,808 25,665 (21.77%) 2,134,971 2,105,012 ( 1.40%) 660,336 201,211 (69.53%) 1.259.270 1.178.987 ( 6.38%) Current Fiscal Year Revicad Percant of Revenue Reveltue EstJlllata Estimates Reoeived 49,976,300 57.97% 38,694,556 66.36% 471,000 80.92% 656,000 63.67% 916,740 68.34% 32,460,386 88.97% 24,914,288 62.81% 27,000 95.06% 3,215,407 65.47% 248,025 81.13% 1.730.300 68.14% $ 94.755.545 $ 97.307.146 2.99~) ~ 153f310fO02 63.47% 3 CITY OF ROANOKE, VIRGINIA GENERAL FUND STATEMENT OF EXPENDITURES AND ENCUMBRANCES Year to Date for the Period Jul 1-Mar 31 1990-91 Jul 1-Mar 31 1991-92 General Government $ 6.417,297 $ 6,454.420 Judicial Administration 2,585.611 2,504,212 Public Safety 20,573,008 22,647.865 Public Works 14,144,740 14,267,869 Health and Welfare 9,866,824 10,963,976 Parks. Recreation. and Cultural 2.844.015 2.857,820 Community Development 909.791 597,957 Education 47,149,479 46,863.697 Debt Service 7,511,515 7,397.401 Nondepartmental 298,186 573,043 of Chan.e 0.58% 3.15%) 10.09% 0.87% 11.12% Current Recal Year $ 2.319,497 $ 8,773.917 73.56% 848,425 3,352,637 74.69% 0.49% 1.092,164 3.949,984 72.35% 34.28%) 235,058 833.015 71.78% 0.61%) 19.548.167 66,411.864 70.57% 1.52%) 1.153.766 8,551.167 86.51% 92.18% 3.316~619 3.889.662 14.73% Total $112.300.466 ~116[128f~60 2.62% $ 44.663.563 72.06% 4 CITY OF ROANOKE, VIRGINIA CAPITAL PROJECTS FUND STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND UNENCUMBERED APPROPRIATIONS SUMMARY AS OF MARCH 31, 1992 General Government Education Recreation Streets and Bridges Sanitation Projects Traffic Engineering & Communications Other infrastructure Projects Capital Improvement Reserve Total Expenditures Unexpended Outstanding Unencumbered Buduet To Date Balance Encumbrancea Balance $ 10,897,716 $ 5,622,950 $ 5,274,766 $ 204,443 $ 5,070,323 10,675,833 5,555,602 5,120,231 836,690 4,283,541 412,538 214,312 198,226 187,742 10,484 8,334,145 5,173,207 3,160,938 534,103 2,626,835 2,240,162 738,399 1,501,763 127,922 1,373,841 1,289,028 1,086,378 202,650 22,997 179,653 19,819,536 13,855,808 5,963,728 646,162 5,317,566 6.775,972 6,775,972 6,775,972 $ 60.~.9~9 $ 32.246.656 $ 28.198.274 $ 2.560.059 $ 25.638.215 5 CITY OF ROANOKE WATER FUND COMPARATIVE INCOME STATEMENT FOR THE 9 MONTHS ENDING MARCH 31, 1992 Operating Revenue: Commercial Sales Domestic Sales Industrial Sales Town of Vinton Roanoke County Customer Services Total Operating Revenue Less: Operating Expenses Before Depreciation Personal Services General Expenses Pumping Stations and Tanks Purification Total Operating Expenses Before Depreciation Operating Income Before Depreciation Less: Depreciation Operating Income Add: Non-Operating Income Interest on Investments Rents Miscellaneous Sale of Land Total Non-Operating Income Income Before Non-Operating Expenses Less: Non-Operating Expenses Interest Expense Total Non-Operating Expenses Net Income 1992 $1,227,898 1,468,548 96,567 12,859 1,060,952 260,814 4,127,638 679,610 1,126,913 289,240 233,087 2,328.850 1,798,788 535.7~ 1,262.990 116,157 4,425 4,OOO 124,582 1,387,572 $1.3~7,~72 1991 $ 913,173 1,249,956 66,075 16,861 720,320 336.546 3.302,931 676,227 1,018,809 266,886 206.853 2.168,775 1,134,156 526.964 607,192 112,665 10,818 3,380 10,000 136,863 744,055 3.000 3,000 $ 741.0~ 6 WATER FUND (CONTINUED) Capital Outlay Not Included in Operating Expenses: Proiect New Services, Hydrants, Lines Unidentified Plant Replacement Fire Hydrants Expand Carvins Cove Plant FC Plans and Specs FY86 Project Design Carvins Cove Improvement Phase I Edgewood Replacement Falling Creek Plant Rehabilitation Phase I Thirlane Road Realignment Carvins Cove Improvement Phase II Total Project Expenditures Less Prior Year Expenditures Total Current Year Expenditures Year to Date Exoenditures 366,649 188,245 9,260 19,942 178,676 12,103 695,762 9,007 ,351,490 170,788 234.803 3,236,725 1.150.999 $ 2.085.726 NOTE: Some of these projects are continued from prior years with inception to date totals. 7 CITY OF ROANOKE SEWAGE TREATMENT FUND COMPARATIVE iNCOME STATEMENT FOR THE 9 MONTHS ENDING MARCH 31, 1992 Operating Revenue: Sewage Charges - City Sewage Charges - County Sewage Charges - Vinton Sewage Charges - Salem Sewage Charges - Botetourt County Customer Services Interfund Services Total Operating Revenue Less: Operating Expenses Before Depreciation Personal Services Operating Expenses Total Operating Expenses Before Depreciation Operating Income Before Depreciation Less: Depreciation Operating (Loss) Add: Non-Operating Income Interest on Investments Miscellaneous Total Non-Operating Income Income (Loss) Before Non-Operating Expenses Less: Non-Operating Expenses Interest Expense Total Non-Operating Expenses Net Income (Loss) 1992 $ 3,329,574 439,070 142,250 511,576 40,579 64,902 14,7~ 4,542,709 1,050,872 3,168.588 4,219.460 323,249 725,443 ( 402,194) 81,650 7~,183 160,833 (241,361) 1991 3,245,178 595,112 166,648 655,112 44,200 54,642 10,949 4,771,~41 1,040,934 3,108,073 4,149,007 622,834 711,939 ( 89,105) 99,477 65,987 165,464 76,359 37,555 50,100 37.55~ 50,100 $( 278.916} $ 26.2~ 8 SEWAGE TREATMENT FUND (CONTINUED) Capital Outlay Not Included in Operating Expenses: Proiect Other Equipment Unidentified Construction FY86 Projects Design Sewage Treatment Plant Land Acquisition Roanoke Diesel Engine//7 Realignment of Thirlane Road Total Project Expenditures Less Prior Year Expenditures Total Current Year Expenditures Year to Date Exoenditures $ 9,634 105,838 36,097 25,799 821,145 36.518 1,035,031 868.120 166.911 NOTE: Some of these projects are continued from prior years with inception to date totals. 9 ROANOKE REGIONAL AIRPORT COMMISSION COMPARATIVE INCOME STATEMENT FOR THE 9 MONTHS ENDING MARCH 31, 1992 Operating Revenue: Airfield Revenue General Aviation Revenue Terminal Building Revenue Other Revenue Total Operating Revenue Less: Operating Expenses Before Depreciation Personal Services Operating Expenses Total Operating Expenses Before Depreciation Operating Income Before Depreciation Less: Depreciation Operating Income Add: Non-Operating Income Interest on Investments Interest Income Airport Debt Service Accounts Noise Study Grant Runway Maintenance Grant State Promotion Grant Miscellaneous Total Non-Operating Income Income Before Non-Operating Expenses Less: Non-Operating Expenses Interest Expense Paying Agent Fees Interest Expense 88 Revenue Bond Issue Total Non-Operating Expenses Net Income 1992 $ 789,809 76,480 1,988,574 96,121 2,950,984 860,922 1,099.2~8 1,960,190 990,794 804,660 186,134 203,881 33,501 62,305 11,815 1,115 312,617 498,751 64,524 2,304 394,388 461,216 $ 37.535 1991 $ 602,564 79,663 2,264,560 121,7~8 3,068,525 774,681 1,038,870 1,813.551 1,254,974 806,047 448,927 177,331 46,146 15,000 3,4~0 241,907 690,834 70,381 2,304 404,183 476,868 $ 213.96~ 10 ROANOKE REGIONAL AIRPORT COMMISSION (CONTINUED) Capital Outlay Not Included in Operating Expenses: Project Furniture and Equipment Vehicular Equipment Unidentified Construction Roof Repairs - Replacement Refurbish Buildings Environmental Compliance Replace Security Fencing Paint and Repair Buildings Runway Extension #23 Terminal Final Expenditure General Aviation Development FAR Part 150 Noise Study Perimeter Road and Electric Projects Total Project Expenditures Less Prior Year Expenditures Total Current Year Expenditures Year to Date Exoenditure$ 15,408 13,957 2,683 20,025 40,714 3,800 14,93O 4,045 284,382 23,367 59,501 129,504 414.952 1,027,268 316.321 $ 710.947 NOTE: Some of these projects are continued from prior years with inception to date totals. 11 CITY OF ROANOKE CIVIC CENTER FUND COMPARATIVE INCOME STATEMENT FOR THE 9 MONTHS ENDING MARCH 31, 1992 Operating Revenue: Rentals Parking Foe Event Expenses Advertising Admissions Tax Commissions Total Operating Revenue Less: Operating Expenses Before Depreciation Operating: Personal Services Fringe Benefits Contractual Services Internal Services Utilities and Communications Other Charges Rental and Leases Promotional Expenses: Personal Services Fringe Benefits Contractual Services Other Charges Total Operating Expenses Before Depreciation Operating (Loss) Before Depreciation Less: Depreciation Operating (Loss) Add: Non-Operating Income Interest on Investments Miscellaneous Total Non-Operating Income (Loss) Net (Loss) 1992 $ 339,252 64,640 124,904 1,000 84,236 96,306 710,338 342,256 82,646 61,661 371,784 220,212 54,373 1,896 56,114 4,250 48,828 2,342) 1,241.~7~ 531,340) 269,6~ 800,993) ( 16,440) 4.370 ( 12,070) $( 813.063) $ 227,284 42,372 69,474 2,094 40,550 74.849 456,623 376,090 87,489 82,625 471,402 243,679 107,934 1,975 48,054 3,656 4,402 { 1.032) 1,426.274 (969,651) 263.Q12 (1.232,663) 14,559 570.73§ 585,295 12 CIVIC CENTER FUND (CONTINUED) Capital Outlay Not Included in Operating Expenses: Project Other Equipment Trade Center Asbestos Abatement Auditorium Fire Damage New Toilet Floors - Coliseum Total Project Expenditures Less Prior Year Expenditures Total Current Year Expenditures Year to Date Exeenditures 29,092 50,000 233,835 594,613 22.422 929,962 867.979 $ 61.983 NOTE: Some of these projects are continued from prior years with inception to date totals. 13 CITY OF ROANOKE TRANSPORTATION FUND INCOME STATEMENT FOR THE 9 MONTHS ENDING MARCH 31, 1992 Operating Revenue: Williamson Road Parking Garage Market Square Parking Garage Church Avenue Parking Garage Tower Parking Garage Surface Parking Lots Total Operating Revenue Less: Operating Expenses Before Depreciation Operating Expenses Total Operating Expenses Before Depreciation Operating Income Before Depreciation Less: Depreciation Operating Income Add: Non-Operating Income Transfer from General Fund Interest on Investments Miscellaneous Total Non-Operating Income Income Before Non-Operating Expenses Less: Non-Operating Expenses Operating Subsidy for GRTC Total Non-Operating Expenses Net Income 1992 $ 181,156 140,821 339,006 94,761 43,956 799,700 507,741 ~Q7,741 291,959 286,428 5,531 300,000 1,459 843 302,302 307,833 300,000 300,000 7.833 14 TRANSPORTATION FUND (CONTINUED) Capital Outlay Not Included in Operating Expenses: Proiect Tower Parking Garage - Other Equipment Total Yearto Date Exnend~ures $1.450 ~ 1,4~9 15 CITY OF ROANOKE INTERNAL SERVICE FUND COMPARATIVE INCOME STATEMENT FOR THE 9 MONTHS ENDING MARCH 31, 1992 1992 Operating Revenue: Charges for Services ~ 5.684,954 Total Operating Revenue 5.684,954 Less: Operating Expenses Before Depreciation Personal Services 3,271,935 Operating Expenses 1.514,573 Total Operating Expenses Before Depreciation 4,786,508 Operating Income Before Depreciation 898,446 Less: Depreciation 459.319 Operating Income 439,127 Add: Non-Operating Income Interest on Investments 138,659 Total Non-Operating Income 138,659 Net Income $ 577.786 1991 5,694,671 5,694,671 3,200,084 1.469.39l~ 4,669,482 1,025,189 383,861 641,328 89,557 89,557 $ 730.885 16 INTERNAL SERVICE FUND (CONTINUED) Capital Outlay Not Included in Operating Expenses: Project Management Services - Furniture and Equipment City Information Systems - Other Equipment City Information Systems - Automated Library Equipment Fleet Management - Other Equipment Utility Line Services - Furniture and Equipment Utility Line Services - Other Equipment Utility Line Services - Construction Structures Total Year to Date Exoenditures $ 11,310 4,392 8,261 3,986 1,292 16,400 752 $ 46.393 17 CITY OF ROANOKE, VIRGINIA CITY TRF-A,SURER'S OFFICE GENERAL STATEMENT OF ACCOUNTABILITY FOR THE MONTH ENDED MARCH 31, 1992 TO THE DIRECTOR OF FINANCE: GENERAL STATEMENT OF ACCOUNTABILITY OF THE CITY TREASURER OF THE CITY OF ROANOKE. VIRGINIA FOR THE FUNDS OF SAID CITY THE MONTH ENDED MARCH 31, 1992. TOTAL $61,440,952.21$31,410,053.75$26,253,767.68 $20,877,017.79 WATER 31,632,962.37 249,083.74 653.867.98 ; $~1~i~;~8iI~ 1,814,404.68 BEWAGE 1,601,910.57 1,145,726.73 918,038.39 1,744,313.71 AIRPORT 4,807,130.42 288,386.31 343 952.28 3,8~,214.~ CIVIC CENTER (492,528.62) 216,071.43 171,926.37 (728,311.35) INTERN~ SERVICE 3,4~,782.81 204,178.00 124,084.74 2,067,~5.12 T~NSPORTATION 120,873.43 62,330.09 47,181.81 0.00 CAPIT~ 19.920.186.31 1,736.135.13 1,166,168.49 16,932,028.40 DEBT SERVICE 7,135,025.08 20,081.87 133,388.55 371,168.48 PENSION (174,479.84) 718,000.00 609,291.16 ;: 130.19 FO~C 58.557.55 28,116.87 161,229.84 (113,219.07) 6~NT PROG~MS (1,050,241.45) 955,376.30 1,214,117.96 ~$~8~) (1,028,829.30) PAYROLL (7,175,720.~) 9.509.752.36 8,~.386.73 ~.~.~0~l; (1,126.781.72) CERTIFICATE I HEREBY CERTIFY THAT THE FOREGOING IS A TRUE STATEMENT OF MY ACCOUNTABILITY TO THE CITY OF ROANOKE, VIRGINIA, FOR THE FUNDS OF THE VARIOUS ACCOUNTS THEREOF FOR THE MONTH ENDED MARCH 31, 1992 THAT SAID FOREGOING: CASH: CASH IN HAND CASH IN BANK INVESTMENTS ACQUIRED FROM COMPETITIVE PROPOSALS: CERTIFICATES OF DEPOSIT UNITED STATES SECURITIES DOMINION BANK $13,000.000.00 S[G NET ~AN Y-, 9.000.000.00 STATE NON-ARBITRAGE PROGRAM (SNAP) 41.512.415.59 TOTAL DATE: APRIL 14, 1992 ~URER 18 CiTY OF ROANOKE PENSION PLAN STATEMENT OF REVENUE AND EXPENSES FOR THE 9 MONTHS ENDING MARCH 31, 1992 Revenue City's Contributions investment Income Gain on Sale of Investments Income from Bond Discount Amortization Total Revenue 1992 4,019,399 3,899,368 6,937,783 159.083 15.015.633 1991 3,822,006 3,705,729 1,798,212 117.845 $ 9.443.792 Exoenses Pension Payments Fees for Professional Services Active Service Death Benefit Expense From Bond Premium Amortization Administrative Expense Total Expenses Net Income Year to Date $ 4,878,938 299,862 183,666 122,183 ~,484,649 $ 9.530.984 $ 3,860,775 292,312 41,436 115,597 130.137 4.440.257 $ 5.003.535 19 CITY OF ROANOKE PENSION PLAN BALANCE SHEET AS OF MARCH 31, 1992 Assets Cash Investments: (market value - Due From Other Funds Other Assets Total Assets 1992 $137,952,786 1991 $123,809,355) 1992 1991 $( 65,771) ${ 328) 123,413,131 250 18,000 $ 123.365.610 109,848,337 39O $ 19~.848,399 Liabilities and Fund Balance Due to Other Funds Total Liabilities Fund Balance, July 1 Net Income Year to Date Fund Balance Total Liabilities and Fund Balance 547,467 $ 421,144 547,4~7 421,144 113,287,159 104,423,720 9.530,984 5,003,535 122,818,143 109,427.255 123.365.610 ~ 199.848,399 2O Office of the City Clerk May 1, 1992 File #16-72 Ms. Wendy Grassi Director of Information Services U.S. Conference of Mayors 901 31st Street, N. W. Washington, D.C. 20007 Dear Ms. Grassi: I am enclosing copy of Resolution No. 30976-042792 endorsing the U.S. Conference of Mayors' "Save Our Cities! Save Our Children:" march on Washington, D. C., on Saturday, May 16, 1992, in order to protest cutbacks in Federal funding for United States cities. Resolu. tion No. 30976-042792 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 27, 1992. Sincerely, ~d.~J~.~ Mary F. Parker, CMC/AAE City Clerk MFP: sw Ene. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 Office of the City Clerk May 1, 1992 File #16-72 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 30976-042792 endorsing the U.S. Conference of Mayors' "Save Our Cities! Save Our Children~" march on Washington, D. C., on Saturday, May 16, 1992, in order to protest cutbacks in Federal funding for United States cities. Resolution No. 30976-042792 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 27, 1992. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc. pc: The Reverend David A. Hayden, P. O. Box 353, Roanoke, Virginia 24003 Ms. M. Michelie Bono, Public Information Officer Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 27th day of April, 1992. No. 30976-042792. VIRGINIA, A RESOLUTION endorsing the U.S. Conference of Mayors' "Save Our Cities! Save Our Children!" march on Washington, D.C. WHEREAS, nearly two-thirds of United States cities are facing major financial crises due to cuts in loss of jobs, termination of critical services; and WHEREAS, as a result of cuts in federal funds, less money to deal with increasing demands for federal funds resulting in programs, and reductions in cities have had housing, health care, education, Job-training, and other critical public services; and WHEREAS, without previously appropriated federal funds, cities are financially unable to repair bridges and roads, clean up toxic wastes, and provide public transportation; and WHEREAS, homeless families with children are the fastest growing segment of the homeless population; and WHEREAS, random violence assaults our children, and physical abuse and drug abuse have reached epidemic proportions. BE IT RESOLVED by the Council of the City of THEREFORE, Roanoke that: 1. This Council endorses the U.S. Conference of Mayors' "Save Our Cities! Save Our Children!" march in Washington, D.C., on Saturday, May 16, 1992 to protest cutbacks in federal funding for United States cities. 2. The City Clerk is directed to forward an attested copy of this resolution to Wendy Grassi, Director of Information Services, U.S. Conference of Mayors. ATTEST: City Clerk. Roanoke, Virginia April 27, 1992 Honorable Noel C. Taylor, Mayor and Members of Council Roanoke, Virginia Dear Members of Council: SUBJECT: Pole-Use Agreement with Ch.esapeake and Potomac Telephone Company of Virgin,a I. Background: The Chesapeake and Potomac Telephone Company of Virginia (C & P) was granted by the City of Roanoke the right to use public rights of way to erect, operate and maintain a telephone and telegraph system by Ordinance No. 17677, dated August 28, 1967. City Council approved Resolution No. 30556-61091 on June 10, 1991 which authorized the City Manager to enter into an agreement with Appalachian Power Company (APCO) to allow the City to install, maintain and remove signs, flags, and holiday decorations on or from utility poles owned by APCO. City staff desires that the City be allowed to install, maintain and remove signs, flags, and holiday decorations on or from utility poles owned by C & P. This would be the same as is now done on APCO poles. II. Current Situation: Pole-Use A;Ireement has been negotiated that would allow the City to use utility poles owned by C & P for the installation, maintenance and removal of signs, flags, and holiday decorations (see attachments). III. Issues: A. Aesthetics B. Le,qal requirements C. Indemnification IV. Alternatives: City Council approve the proposed pole-use agreement, which will allow certain signs, flag~s,, and holiday decorations to be placed on C & P poles as specified, and authorize the City Manager to execute it on behalf of the City. Members of Council Page 2 Aesthetics along City streets can be enhanced to the extent that certain signs (parking/no parking, loading zone, bus stop, guide, and other mutually agreed upon signs) can be posted on existing C & P poles rather than metal street sign poles. Legal requirements would be met by C & P giving their approval as set out in the agreement. Indemnification is required from City to C & P by agreement with respect to attachments to C & P poles. B. City Council not approve the proposed pole-use agreement. 1. Aesthetics would not be enhanced. 2. Legal requirements are not an issue. 3. Indemnification would not be required. Recommendation is that City Council approve the proposed pole-use agreement, which will allow certain signs, flags, and holiday, decorations to be placed on C & P poles as specified; and authorize the City Manager to execute it on behalf of the City. Respectfully submitted, W. Robert Herbert City Manager WRH:RKB:jrm Attachment copy: City Attorney Director of Public Works Director of Administration & Public Safety Director of Utilities and Operations Manager of Signals & Alarms THIS POLE ATTACHMENT AGREEMENT, made this day of , 19 , by and between the CITY OF ROANOKE, VIRGINIA, hereinafter sometime referred to as "City," and THE CHESAPEAKE AND POTOMAC TELEPHONE COMPANY OF VIRGINIA, a Virginia corporation, hereinafter sometimes referred to as "Telephone Company." WHEREAS, Telephone Company is the owner of wood, concrete and/or metal structures, hereinafter identified as "poles," the purpose of which is the support of Telephone Company facilities; and WHEREAS, the City wishes to install, maintain and remove signs, flags, and holiday decorations, hereinafter collectively referred to as "attachments,,. on or from Telephone Company's poles; and WHEREAS, the parties hereto wish to set forth herein the terms and conditions of the City's installing, maintaining and removing such attachments from Telephone Company's poles. NOW, THEREFORE, for an in consideration of the benefits to be derived by each of the parties hereto, Telephone company hereby grants to the City of Roanoke, the right and privilege to attach to Telephone Company's poles, certain attachments as hereinafter identified. 0s1/1 It is understood and agreed between the parties hereto that this Agreement is limited to Telephone Company's poles located on public rights-of-way within the City of Roanoke: Signs to be attached to Telephone Company's poles are restricted to: (a) parking/no parking, (b) loading zone (c) bus stop, (d) guide, (e) other such signs as may be mutually agreed upon by the parties hereto. No traffic control signs such as "stop" or "yield" shall be attached under this Agreement. Attachments, excluding those identified in paragraph 1 above, shall be secured to poles located within the unshaded areas of Exhibits 2 through 8 (inclusive) attached to this Agreement. An additional pole, outside of the unshaded areas shown in the exhibit, sought to be used for any attachment may be identified in a sketch, accompanying a request to secure attachments to any pole. Telephone Company shall review any request to secure any attachment to any pole, or any request to secure any attachment to any additional pole, within three weeks of receipt of such request. Each such request shall include anticipated dates of installation and removal. Attachments to Telephone Company's poles will be secured with metal bands. Installation, maintenance, repair and/or removal shall not be at the expense of Telephone Company except as set out below when such attachments shall interfere with Telephone Company's access to its poles. Attachments identified in paragraph 1 shall be installed no higher than thirteen (13) feet above ground (see Exhibit i - attached); however, all attachment installations shall conform to applicable provisions of the National Electrical Safety Code. DS1/2 5e Flag attachments will not be permitted on poles which, in the opinion of Telephone Company, cannot be worked with an aerial lift device. In the event that Telephone Company's personnel require access to its facilities on one of its poles, and said pole has affixed to it one of the city's attachments, Telephone Company has the right to cut the bands supporting said attachment on the pole, remove the attachment and place it on the ground at the base of the pole. Telephone Company shall notify the City within a reasonable time that the City's attachment has been removed. When possible, this notification will be made within two regular working days. This notification is to be made by telephone to the City's Public Works Dispatch Center. The City shall and hereby agrees to indemnify and save harmless Telephone Company its officers, employees and agents, from and against any and all claims, demands, suits, judgment, recoveries and liabilities for injury to or death of any person or persons whomsoever and for loss of, or damage to, any property whatsoever, any and all penalties, fines, prosecutions, statutory recoveries (whether civil or criminal) and governmental actions arising or in any manner growing out of the installation, maintenance or removal of such attachments on or from Telephone Company's poles by the City. Either party hereto may cancel this Agreement by giving ninety (90) days' written notice to the other party by U.S. Mail or hand delivery. DS1/3 9. Notifications given under this Agreement are to be as follows (except under paragraph 6, above): Telephone Company - The Chesapeake and Potomac Telephone Company 4843 Oakland Blvd. Roanoke, Virginia 24012 Attn: Manager FACS-ENG/CONST-Roanoke City - office of the City Manager city of Roanoke 215 Church Avenue, S.W. Room 364 Municipal Building Roanoke, Virginia 24011 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written: WITNESS: CITY OF ROANOKE, VIRGINIA .By: CITY MANAGER WITNESS: THE CHESAPEAKE AND POTOMAC TELEPHONE COMPANY OF VIRGINIA .By: ~ PRESIDENT & CEO DS1/& STATE OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) The foregoing instrument was acknowledged before me the day of , 19 , by City of Roanoke. My Commission expires , on behalf of the Notary Public STATE OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) The foregoing instrument was acknowledged before me the day of , 19 , by , of The Chesapeake and Potomac Telephone Company of Virginia, on behalf of that corporation. My Commission expires Notary Public DS1/5 CHRISTMAS DECORATIONS Dia. (APPROX SIDEWALK EXHIBIT I FLAG HQLDER 30"35' NOT TO SCALE $ K E' TC H SHOWING FLAG HOLDEI? HOLIDAY DECORATION~,$ A'FTACttA4EN ~ -; ~ ~? r