HomeMy WebLinkAboutCouncil Actions 07-27-92FITZPATRICK
(3 ~ ~ 20)
REGULAR WEEKLY SESSION
ROANOKE CITY COUNCIL
July 27, 1992
2:00 p.m.
AGENDA FOR THE COUNCIL
Call to Order Roll Call. All present.
The Invocation was delivered by The Reverend Michael Nevling,
Pastor, Colonial Presbyterian Church.
The Pledge of Allegiance to the Flag of the United Stato~ of America
was led by Mayor David A. Bowers.
Presentation by the Mayor and Members of Council.
Presentation by V~ginia Amateur Sports, Inc. Messrs. Kenneth C.
King, Jr., Chairperson, Board of Directors, and Peter R. Lampman, Associate
Director.
BID OPENINGS
Ao
Bids for Neighborhood Storm Drainage Projects, Phase II, Courmey
Avenue, N. E. and Hildebrand Road, N. W.
Four bids were mfexred to a committee composed of Messrs. William
White, Sr., Kit B. Kiser and William F. Clark for tabulation, report
and recommendation to Council.
CONSENT AGENDA
(APPROVED 7-0)
ALL MATFF_,RS LISTED UNDER THE CONSENT AGENDA ARE
CONSIDERED TO BE ROUTINE BY THE MAYOR AND MEMBERS OF
CITY COUNCIL AND V~lI.I. BE ENACTED BY ONE MOTION IN THE
FORM, OR FORMS, LISTED BELOW. THERE WILL BE NO
SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS
DESIRED, THE 1TEM V~ql.l. BE REMOVED FROM THE CONSENT
AGENDA AND CONSIDERED SEPARATELY.
C-1
A communication from Mayor David A. Bowers requesting an
Executive Session to discuss vacancies on various authorities, boards,
commissions and committees appointed by Council, pursuant to Section 2.1-
344 (A)(1), Code of Virginia (1950), as amended.
RECOMMENDED ACTION:
Concur in request for Council to convene in
Executive Session to discuss vacancies on
various authorities, boards, commissions and
committees appointed by Council, pursuant
to Section 2.1-344 (A)(1), Code of Virginia
(1950), as amended.
C-2
A report of the City Manager requesting an Executive Session to
discuss a matter with regard to the acquisition of property for industrial
purposes, pursuant to Section 2.1-344 (A) (3), Code of Virginia (1950), as
amended.
C-3
RECOMMENDED ACTION: Concur in request to convene in Executive
Session to discuss a matter with regard to the
acquisition of property for industrial
purposes, pursuant to Section 2.1-
344 (A)(3), Code of Virginia (1950), as
amended.
Annual Report of the Municipal Auditor for the year ended June 30,
1992.
C-4
RECOMMENDED ACTION: Receive and file.
A communication from Mr. James D. Ritchie, Director of Human
Development, advising of the resignation of Ms. Elizabeth H. Fetter as a
member of the Advisory Board of Human Development, effective August 6,
1992.
C-5
RECOMMENDED ACTION: Receive and file the communication and
accept the resignation with regret.
Qualification of Mr. Lewis W. Peery as a member of the Personnel and
Employment Practices Commission for a term of three years ending June 30,
1995.
C-6
RECOMMENDED ACTION: Receive and file.
Qualification of Ms. Mimi Hodgin as a member of the Roanoke Arts
Commission for a te~m of three years ending June 30, 1995.
RECOMMENDED ACTION: Receive and file.
C-7
C-8
C-9
Qualification of Mr. Ross C. Hart as a member of the Board of Fire
Appeals for a temi of four years ending June 30, 1996.
RECOMMENDED ACTION: Receive and file.
Qualification of Ms. Mary L. Lear as a member of the Roanoke
Neighborhood Partnership Steering Committee to fill the unexpired teim of
Dr. Gary Waldo, ending November 9, 1994.
RECOMMENDED ACTION: Receive and file.
Qualification of Ms. Bernice F. Jones as a member of the City of
Roanoke Pension Plan, Board of Trustees, for a term of two years ending
June 30, 1994.
RECOMMENDED ACTION: Receive and file.
C-10 Qualification of Mr. W. Robert Herbert as a member of the Hotel
Roanoke Conference Center Commission for a term of three years ending
April 12, 1995.
RECOMMENDED ACTION: Receive and file.
RF. GULAR AGENDA
3. HF. ARING OF CITIZF. NS UPON PUBLIC MATFERS:
Request to present an update on the renovation of Jefferson High
School/Jefferson Center. The Honorable Beverly T. Fitzpatrick, Sr.,
President, Jefferson Center Foundation.
Received and filed.
4. PETITIONS AND COMMUNICATIONS:
ao
A communication from the Roanoke City School Board recommending
appropriation of funds to certain school accounts.
Adopted Budget Ordinance No. 31120-072792. (7--0)
A communication from the Roanoke City School Board recommending
appropriation of $2.0 million, representing a recently approved State
Literary Fund loan for improvements and an addition to Virginia
Heights Elementary School.
Adopted Budget Ordinance No. 31121-072792. (7-0)
A communication from the City's representatives to the Roanoke
Valley Resource Authority, recommending ratification of certain
agreements with the Roanoke Valley Resource Authority and
acknowledging issuance of the Authority's Solid Waste System
Revenue Bonds, Series 1992, in connection with said agreements.
Adopted Ordinance No. 31122 on first reading. (4-3, Council
Members Harvey, McCadden and Musser voted no.)
5. REPORTS OF OFFICERS:
a. CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
A report recommending establishment of a new Enterprise Fund
entitled Hotel Roanoke Conference Center Commission; transfer
of $50,000.00 for operating expenses relating to the Hotel
Roanoke Conference Center Commission; and establishment of
a third party accounts receivable, in the amount of $50,000.00,
to be used for operating expenses of the Commission.
Adopted Budget Ordinance No. 31123-072792. (7-0)
5
A report recommending execution of an agreement with the
Roanoke Valley Convention and Visitor's Bureau for the
purpose of increasing tourism in the Roanoke Valley and
assistance in marketing the proposed Hotel Roanoke Conference
Center, and approval of a donation in connection therewith.
Adopted Resolution No. 31124-072792. (7-0)
A report recommending execution of an application and contract
designating the Clean Valley Council, Inc., as recipient of the
Division of Litter Control and Recycling Grant for the City of
Roanoke.
Adopted Resolution No. 31125-072792. (7-0)
A report recommending execution of Real Estate Options with
owners of properties selected for the Home Purchase Assistance
Program, located at 614 Sixth Street, S. W., and 706 Gilmer
Avenue, N. W.
Adopted Resolution No. 31126-072792. (7-0)
A report recommending execution of a grant agreement with the
Virginia Department of Housing and Community Development
to receive a grant of funds, in the amount of $11,500.00, under
the Emergency Home Repair Program; execution of an
agreement with Total Action Against Poverty for cooperative
administration of the Emergency Home Repair Program; and
appropriation of funds in connection therewith.
Adopted Budget Ordinance No. 31127-072792 and Resolution
No. 31128-072792. (7-0)
A report recommending execution of an agreement with Total
Action Against Poverty to provide for use of Community
Development Block Grant funds, in the amount of $25,000.00,
for the Customized Job Training Program.
Adopted Resolution No. 31129-072792. (7-0)
6
A report recommending execution of a sub-grantee agreement
with Roanoke Valley Trouble Center, Inc. (TRUST) to provide
staff support and coordination to the Roanoke Drug and Alcohol
Abuse Council from July 1, 1992 to June 30, 1993.
Adopted Resolution No. 31130-072792. (6-0, Council Member
McCadden abstained from voting.)
A report recommending award of engineering services
reimbursement with cost ceiling contracts to Hayes, Seay,
Mattem and Mattem, in the amount of $73,920.00, and
Mattern & Craig, P.C., in the amount of $58,400.00, for
performance of certain bridge, overhead sign and parking garage
inspection services; and transfer of funds in connection
therewith.
Adopted Budget Ordinance No. 31131-072792 and Resolution
No. 31132-072792. (7-0)
A report recommending issuance of Change Order No. 5 to the
contract with Williams Painting and Remodeling, Inc., in the
amount of $5,475.29, for construction of the Crisis Intervention
Center at Coyner Springs.
Adopted Ordinance No. 31133-072792. (7-0)
10.
A report recommending execution of appropriate documentation
for final settlement with Industrial Risk Insurers, in the total
amount of $749,177.70, for damages resulting from the
September 2, 1990, fire in the Roanoke Civic Center
Auditorium.
Adopted Resolution No. 31134-072792. (7-0)
11.
A report recommending execution of appropriate documentation
for final settlement with Bankers and Shippers Insurance
Company, in the total amount of $34,176.00, for insurance
payments relating to flood damage at Victory Stadium and the
National Guard Armory.
Adopted Resolution No. 31135-072792. (7-0)
12.
A report recommending execution of an agreement with the
Commonwealth of Virginia, Department of Emergency Services,
to participate in a Regional Hazardous Materials Response Team
for a period of two years beginning July 1, 1992.
Adopted Resolution No. 31136-072792. (7-0)
6. REPORTS OF COMMITTEES:
Annual Report of the Audit Committee of Roanoke City Council for
the year ended June 30, 1992. Mayor David A. Bowers, Past-
Chairperson.
Received and filed.
A report of the Water Resources Committee recommending execution
of an amendment to the City's contract with Bio-Gro Systems, Inc.,
for the fourth year of removal and disposal of sludge from the Water
Pollution Control Plant. Council Member Elizabeth T. Bowles,
Chairperson.
Adopted Resolution No. 31137-072792. (7-0)
A report of the Water Resources Committee recommending execution
of necessary documents to provide for sale of the Campbell Avenue
historic properties, located at 118, 120, 122 and 124 West Campbell
Avenue. Council Member Elizabeth T. Bowles, Chairperson.
Adopted Ordinance No. 31138 on first reading. (7-0)
7. UNFINISHED BUSINESS: None.
8. INTRODUCTION AND CONSIDERATION
ORDINANCES AND RESOLUTIONS:
OF
Ordinance No. 31085, on second reading, permanently vacating
portions of the Deanwood Terrace, Linwood Land Company and
Deanwood Community Development Program Subdivision, as is more
particularly described hereinafter.
Adopted Ordinance No. 31085-072792. (7-0)
9. MOTIONS AND MISCELLANEOUS BUSINESS:
Inquiries and/or comments by the Mayor and Members of City
Council.
At the same time that the City Attorney reports back to Council with
regard to the vicious dog ordinance, Council Member Harvey requested
that the City Manager provide Council with information pertaining to
more slringent enforcement of the City's current leash law.
Vacancies on various authorities, boards, commissions and committees
appointed by Council.
10. OTHF~R I-IF. ARINGS OF CITIZi~NS:
The Reverend John R. Rhone, 3015 Hickory Wood Drive, N. E., advised
that the Roanoke Valley Ministers Conference will reconvene in September,
at which time the members will be prepared to address the issue of the
method of electing City Council members.
CERTIFICATION OF EXECUTIVE SESSION. (7-0)
9
Adopted Ordinance No. 31139-072792 authorizing acquisition by the City
of a certain 1.527 acre parcel of land located in the City adjacent to the
Roanoke Centre for Industry and Technology from the heirs of Ralph E.
Conner, described as Official Tax No. 7230302. (7-0)
Appointed Linda A~inson to the Roanoke: Arts Commission.
Reappointed Stanley R. Hale and Charles R. Saul to the Economic
Development Commission.
10
VIRGINIA AMATEUR SPORTS, INC.
412 Shenandoah Building
Roanoke, Virginia 24011
(703) 343-0987
FAX (703) 343-7407
SPONSOR OF
July 14, 1992
MS. Mary Parker
215 Church Avenue SW
Roanoke, Virginia 24011
Dear Ms. Parker,
As per your request, please accept this
notice as a request from Virginia Amateur
Sports, sponsor of the Commonwealth Games of
Virginia, to appear before City Council on
Monday, July 27, at 2:00 pm.
Representing our company will be Peter R.
Lampman, Associate Director, and Kenneth C. King
Jr., Chariman of the Board of Directors for VAS.
Mr. King would like to present an appreciation
plaque to the City of Roanoke at this time for
their support of the 1992 Commonwealth Games of
Virginia.
Thank you for your cooperation in this
matter. Please do not hesitate to call if you
have any questions or concerns.
Sillcerely,
eter R. La%npman
Associate Director
CC: Kenneth C. King Jr.
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703) 981-2541
July 29, 1992
SANDRA H. EAKIN
D~put y City Clerk
File #27
Mr. William White, Sr., Chairperson )
Mr. William F. Clark ) Committee
Mr. Kit B. Kiser )
Gentlemen:
The following bids for Neighborhood Storm Drainage Projects, Phase II, Courtney
Avenue, N. E. and Hildebrand Road, N. W., were opened and read before the
Council of the City of Roanoke at a regular meeting held on Monday, July 27, 1992:
BIDDER
BASE BID TOTAL
John A. Hall and Co., Inc.
S. R. Draper Paving Co.
H. & S. Construction Co.
Adams Construction Co., Inc.
$32,971.94
41,063.72
44,418.00
50,153.25
On motion, duly seconded and unanimously adopted, the bids were referred to you
for tabulation, report and recommendation to Council.
t'~ ~_~ ~.Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
pc: Mr. Wilburn C. Dibling, Jr., City Attorney
David A. Bowers
Mayor
CITY OF ROANOKE
OFFICE OF THE MAYOR
215 Church Avenue, S.W., Room 452
Roanoke, Virginia 24011-1594
Telephone: (703) 981-2444
July 27, 1992
The Honorable Vice-Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mrs. Bowles and Gentlemen:
I wish to request an Executive Session to discuss vacancies on various authorities,
boards, commissions and committees appointed by Council, pursuant to Section 2.1-
344 (A) (1), Code of Virginia (1950), as amended.
Sincerely,
David A. Bowers
Mayor
DAB: se
July 27, 1992
The Honorable Mayor and Members
of city Council
Roanoke, Virginia
RE: Request for Executive Session
Dear Mrs. Bowles and Gentlemen:
This is to request that city Council convene in Executive
Session to discuss the acquisition of property for industrial
purposes pursuant to S2.1-344(A)(3), Code of Virginia (1950), as
amended.
Respectfully submitted,
W. Robert Herbert
city Manager
WRH:kkd
cc: Mary F. Parker, City Clerk
Wilburn C. Dibling, Jr., city Attorney
Municipal Auditing
July 1, 1992
ANNUAL REPORT OF THE MUNZCl'PAL AUDZTOR
Honorable Mayor and City Council:
The goal of the City of Roanoke Municipal Auditing Department is
to minimize the City's potential losses that can be affected,
directly or indirectly, by audit activities in the most cost
efficient manner.
During the year ended June 30, 1992, we provided professional
audit coverage of the City's financial activities by monitoring
external audit activities and evaluating the systems of internal
controls to determine that the systems are adequately designed
and functioning as planned. Recommendations were made to correct
any deficiencies in internal controls encountered and technical
assistance to implement these recommendations was provided.
Significant audit activity completed during FY-92 included:
ExteNaal Audits - To maintain the city's excellent financial
reporting credibility and ensure compliance with statutory audit
requirements, we:
e
coordinated the independent public accountant's audits of
the financial statements of the Greater Roanoke Transit
Company, the city Pension Plan, and the City, including the
Single Grant Audit;
· performed the annual financial audits of the 32 City School
Activity Funds and their Central Investment Fund;
· assisted the Virginia Auditor of Public Accounts in the
audits of the local courts' financial activities; and
· reviewed external audits for the citizens Services
Committee.
P. O. Box 1091 215 Church Avenue, S.W. Roanoke, Virginia 24005 (703) 981-2644
Honorable Mayor and City Council
~Page 2
July 1, 1992
Internal Audits - To provide reasonable assurance that internal
controls are functioning effectively to prevent inaccuracies,
irregularities, or willful manipulations, we evaluated the
internal controls in:
· Data Processing Systems Development Procedures
· Data Processing Technical Services Procedures
· Personal Property Billing
· Personal Property Accounts Receivable
· Treasurer's Revenue Collection System
s Police Federal Drug Funds
· Miscellaneous Local Taxes
· Dog Licenses
· Nursing Home Revolving Fund
· Mill Mountain Wildflower Fund
· War Memorial Fund
We examined and evaluated statistically selected samples of
revenue and expenditure transactions occurring both inside and
outside the central control system. We determined the factual
situation for allegations of suspicious activities and other
fraud indicators. We followed up and assisted in implementing
recommendations for improvement which were pending at the
beginning of the year and in implementing the recommendations
which resulted from our current-year audit work. We reviewed new
systems in development to provide advice on internal control
questions.
Teohnio&l Assistance - We promoted improvements to the City's
manual and computer-based financial accountability systems by
answering control related questions and by maintaining
communications with all City officials.
External Audits
Internal Audits
Technical Assistance
Budget Actual
Hours Percent Hours Percent
1,421 24% 1,594 27%
3,609 61% 3,539 59%
916 15% 813 14%
Honorable Mayor and City Council
Page 3
July 1, 1992
The quality and results of our audit activities have been
evaluated by the city's independent accountants, Federal grantor
agencies, and the Virginia Auditor of Public Accounts. Each
evaluation concluded that the competence, objectivity and
performance of the Municipal Auditor's office is on the highest
professional level.
In submitting this report, I would like to express my
appreciation of the Council and all affected city employees for
their continued cooperation in maintaining and improving the
financial integrity of the city of Roanoke.
Respectfully,
Robert H. Bird
Municipal Auditor
ewb
MARY F. PARKER
Cky Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
212 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703) 981-2,~41
July 29, 1992
SANDRA H. EAKIN
Deputy City Clerk
File #15-72
Ms. Elizabeth H. Fetter
2923 Carolina Avenue, S. W.
Roanoke, Virginia 24014
Dear Ms. Fetter:
At a regular meeting of the Council of the City of Roanoke on Monday, July 27, 1992,
Council was advised of your resignation as a member of the Advisory Board of Human
Development, effective August 6, 1992.
On motion, duly seconded and unanimously adopted, your resignation was accepted
with regret.
The Members of City Council requested that I express sincere appreciation for the
many services you have rendered to the City of Roanoke as a member of the Advisory
Board of Human Development. Please find enclosed a Certificate of Appreciation
issued by the Mayor on behalf of the Members of the Roanoke City Council.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
Enc.
pc:
The Reverend Frank W. Feather, Chairperson, Advisory Board of Human
Development, P. O. Box 6297, Roanoke, Virginia 24017
Mr. James D. Ritchie, Director, Human Development
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 426
Roanoke, Virginia 24011
Telephone: (703) 981-2~1
SANDRA H. EAKIN
Deputy City Clerk
July 29, 1992
File #15-202
Ms. Judy Witcher-Jackson, Chairperson
Personnel and Employment Practices Commission
P. O. Box 6003
Roanoke, Virginia 24017-9998
Dear Ms. Jackson:
This is to advise you that Mr. Lewis W. Peery has qualified as a member of the
Personnel and Employment Practices Commission, for a term of three years ending
June 30, 1995.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
pc: Mr. Kenneth S. Cronin, PersonnelManager
0-2
Oath or Affirmation of Office
Stat~ of Fi~'glnia, C'it~ of Roanoke, i;o .wit.:
I, Lewis W. Peer.;, , do solemnly swear (or affirm) that
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 Personnel and Employment Practices Commission, for a term of
three years ending June 30, 1995.
Subscribed and sworn to before me, this
, Deputy Clerk
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
July 29, 1992
File #15-230
Mr. Timothy L. Jamieson
Vice Chairperson
Roanoke Arts Commission
4131 Snowbird Circle, S. W.
Roanoke, Virginia 24018
Dear Mr. Jamieson:
This is to advise you that Ms. Mimi Hodgin has qualified as a member of the Roanoke
Arts Commission, for a term of three years ending June 30, 1995.
Sincerely, ~(~
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
pc: Ms. Joyce A. Sink, Secretary, Roanoke Arts Commission
0-2
Oath or Affirmation of Office
8~a~e o] Vi~'glnla, Oii~ o] Roanoke, to.udt:
I, Mimi Hodqin , do solemnly swear (or ~rln) that
I ~vill support the Constitution of the United States, and the Constitution of the State of Virginia, ~.~ that
I will f~ithfully and impartially discharge and perform all the duties incumbent upon me ~ \ ~
a member of the Roanoke Arts Commission, for a term of three years ending Oune.~30,
1995."
according to the beat of my ability. So help me God.
Subscribed and sworn to before me, this
day of
Oath or Affir
8t~ oi Vir~i~i~, Cit!l oi ~oa~ke, W .~t: do solemnly swear (or
I, RosS C. Hart of Virglnis, and that
~1 sup~ the Constitution o{ the Unlt~ ~tes, ~d the Co~stltutlo" o{ the
~1 [sithiull7 snd imps~iall~ discharge snd ~o~m sll the duties incumbent u~n me
member of the Board of Fire Appeals, for a term of four years ending June 30,
1996.
according to the best of my ability. So help me C~d.
Subscribed and sworn to before me, Clerk
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703) 981-2541
De~ut y City Clerk
July 29, 1992
File #15-488
Mr. Charles W. Hancock, Chairperson
Roanoke Neighborhood Partnership Steering
Committee
1016 Estates Road, S. E.
Roanoke, Virginia 24014
Dear Mr. Hancock:
This is to advise you that Ms. Mary L. Lear has qualified as a member of the Roanoke
Neighborhood Partnership Steering Committee, to fill the unexpired term of Dr. Gary
Waldo, resigned, ending November 9, 1994.
/'"-'x, ~ ~. ~(~..~.~Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
pc: Mr. John R. Marlles, Chief, Community Planning
Oath or Affirmation of Office
St, ate o~ Virginia, ~i~/ o] Roanoke, to
I, Mary L. Lear , do solemnly swear (or ~rm) that
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 Neighborhood Partnership Steering Committee, to fill the
unexpired term of Dr. Gary Waldo, ending November 9, 1994.
according to the best of my ability.
Subscribed and sworn to before ~ne, this
So help me God.
lq da~ of C~ I ~ q~-~
Clerk
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
July 29, 1992
File #15-429
Mr. F. Wiley Hubbell, Chairperson
City of Roanoke Pension Plan
Board of Trustees
3712 Peakwood Drive, S. W.
Roanoke, Virginia 24014
Dear Mr. Hubbell:
This is to advise you that Ms. Bernice F. Jones has qualified as a member of the City
of Roanoke Pension Plan, Board of Trustees, for a term of two years ending June 30,
1994.
Sincerely, ~
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
pc: Mr. Joel M. Schlanger, Secretary-Treasurer, City of Roanoke Pension Plan,
Board of Trustees
0-2
Oath or Affirmation of Office
~a~e o~ Vi~'~inia, Citer o] Roanoke, ~o .~i~:
I, BERNICE F. JONES
, do solemnl~ swear (or attlm) that
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 City of Roanoke Pension Plan, Board of Trustees, for a
term of two years ending June 30, 1994,
according to the best of my ability. SO help me God. ~:~
Subscribed and sworn to before me, this l~r-~h day of
]u 1992
~ ~~~ Dep.ty Cle,k
Oath or Affirmation of,., ,,. ffice . ..
State o] Virginia, Cit~t o] Roanoke, to .wit:
I, W. Robert Herbert , do solemnly swear (or affirm) that
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 Commissioner to the Hotel Roanoke Conference Center Commission, for a term of
three years ending April 12, 1995.
Subscribed and sworn to before ,ne, thi~'~'~ -da~,~/'~"~¢--', "'~"(2k'Ck'-~'k -
__= __ Deputy
Clerk
JEFFER.SON
C.E.N.T.E-R
JEFFI~RSON CEN FER FOUNDATION
LO. Box 8657
ROANOKE.VIRt;INIA24014 Ms. Mary Parker
I'I!LI~PHONk,(703) 343-2624 City Clerk
City of Roanoke
JI!I'F~!RSONC}~N'~ERFOUND.~TION 215 Church Avenue
B(n~DOvDm~iCTtmS Roanoke, Virgiffia 24011
HON ELIZABEI'IFE BOWLES
(}. FIL\NK CLEMI!NT
\VARNER N. DhL[IOUSI!
Dear Mary,
July 22, 1992
I Write to request that I be placed on the agenda of the City Council
Meeting on July 27, 1992, at 2 O'Clock in the afternoon.
LA(:\' L EI)XXARI'2S, JR
lION BEVI!RI.YT. FII'ZI~WRICK, SR
ROBERI N. FISHBURN
The purpose of being on the agenda will be to update City Council on the
renovation of Jefferson Senior High School - Jefferson Center.
Thank you very much. With Kindest regards, I am
Sincerely,
Beverly T. Fitzpatrick, Sr.
President
I)(~NM,I)(L SMIIlt
M \L RYL. SI
BTF/jms
G( RI ( S C. WII LIS, SR
NEW LIFE FOR JEFFERSON HIGH
A CENTER FOR PERFORMING ARTS,
EDUCATION, AND SOCIAL SERVICES
Description of PHASE I:
Jefferson Center Project
As part of Phase One, the entire exterior of the building will be restored to its original
appearance. The brick and cast stone facades will be cleaned and treated with a water repellant
coating. All of the old wood windows will be replaced with new aluminum, double-giazed windows of
an identical design. The entire roof will be replaced.
A new circular entrance drive will be added to the Luck Avenue side of the building to provide
handicapped access as well as a covered drop off area. Parking for tenants will be provided directly
across Luck Avenue from the building. The entire site will be lushly landscaped with shrubs,
ornamentals and deciduous hardwood trees.
A small addition reflecting the architectural design of the building will be placed on the rear
facade to provide the new entrance to Jefferson Center. From the entrance vestibule, one may ascend
a grand staircase to the second floor lobby or may access the new elevator. The first floor tenants
include the administrative offices of the Roanoke City Fire and Water Departments, the Roanoke Police
Academy, a 52-seat, tiered training room, a TAP Head Start Child Care Center, the offices of the
Jefferson Center Foundation and a room for the display of Jefferson High School memorabilia.
On the second floor, the offices and rehearsal space of the Roanoke Symphony, and Opera
Roanoke will be located. We have a letter of intent from the Roanoke Ballet theater to also occupy
space here. Also on this floor preparations are being made for the future restoration of the Auditorium
in Phase Two. A skylighted, two story lobby is being added to accommodate future theater patrons.
The lobby is of a classical design in keeping with that of the Auditorium and features a coffered ceiling,
faux alabaster chandeliers and oak woodwork. The original lobby and vestibule with their terrazzo floors
and marble wainscot are being restored to their original grandeur.
The third floor includes the upper level of the new lobby and will provide access to the
Auditorium balcony and to private boxes to be added as part of Phase Two. This floor will be set aside
for social services agencies with the Court Community Corrections Program and Habitat for Humanity
being initial tenants. Mental Health Association of Roanoke and the Virginia Cooperative Extension
Service of Roanoke City will also be occupying space here.
The building will receive new mechanical, plumbing, electrical and communication systems and
will be fully sprinklered. New toilets are being added on each floor and the building will be completely
handicapped-accessible. While only 40 % of the building will be fully renovated in phase One, the
remainder will be partially renovated so spaces can be quickly finished out for additional tenants as they
are identified.
As City Council is aware the city as a result of a bond issue passed in 1989 is contributing three
and one half million dollars to this project. The Jefferson Center Foundation is raising two million
dollars privately. As of today the foundation has raised one million six hundred and fifty five thousand
($1,655,000.00) of its two million goal.
With the Symphony, Opera and Ballet making their home in the Jefferson Center it is mandatory
that the auditorium be renovated as quickly as possible. Therefore the Jefferson Center Foundation is
anxious to raise the remaining three hundred forty five thousand dollars ($345,000.00) of its goal so that
work can begin on the auditorium.
JEFFERSON CENTER - PHASE I CONTRACTORS
General Contractor - Thor, Inc. - Roanoke
Ma. ior Subcontractors (All Roanoke unless stated otherwise)
Heating, Air Conditioning & Plumbing - A. T. Allen Co., Inc.
Electrical - Newcomb Electric, Inc.
Fire Suppression - Wes-Way Sprinkler Co., Inc. - Salem
Precast Concrete - Architectural Concrete Products, Inc. - Daleville
Masonry - E & F Masonry - Buena Vista
Steel - AL-Steel Fabricators, Inc.
Replacement Windows - Rusco Window Co., Inc.
Plaster and Drywall - Lynn Reese Interiors
Ceramic Tile - Whitt Carpet & Tile Service, Inc. - Salem
Carpeting - Surfaces, Inc.
Roofing - I.N. McNeil Roofing & Sheet Metal Co., Inc.
Elevator - Otis Elevator Company
Landscaping - Alpine Nursery, Inc. - Ferrum
Jefferson Center Board of Directors
Hon. Elizabeth T. Bowles
Mr. Frank G. Clement
Mr. Warner N. Dalhouse - Vice President
Mr. Lacy L. Edwards
Mr. Robert N. Fishburn
Hon. Beverly T. Fitzpatrick, Sr. - President
Mr. Horace G. Fralin - Treasurer
Mr. Edwin C. Hall
Mrs. June T. McBroom
Mrs. Rosalie Shaftman
Mrs. June Simmons
Mr. Donald G. Smith
Mr. Maup/L. Strauss
Mrs. Evelyn Turner
Mr. Gordon C. Willis
FoundafionManager- Jane M. Stephenson
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
July 29, 1992
File #60-467
Mr. Joel M. Schlanger
Director of Finance
Roanoke, Virginia
Dear Mr. Schlanger:
I am attaching copy of Ordinance No. 31120-072792 amending and reordaining certain
sections of the 1992-93 Grant Funds Appropriations, providing for appropriation of
funds for the following school grants: 1992-93 Flow Through Program - $ 813,400.00;
1992-93 Magnet Schools Program at Addison Aerospace Middle School, Fairview World
of Plants and Animals, and Forest Park - the New American School - $1,121,540.00;
and 1992-93 Student Assistance Program - $29,557.00. Ordinance No. 31120-072792
was adopted by the Council of the City of Roanoke at a regular meeting held on
Monday, July 27, 1992.
Sincerely, FD.~
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
Enc.
pc:
Mr. Finn D. Pincus, Chairperson, Roanoke City School Board
Dr. Frank P. Tota, Superintendent of Schools
Mr. Richard L. Kelley, Executive for Business Affairs and
Clerk of the Board
Mr. Barry L. Key, Manager, Office of Management and Budget
ZN THE COUNCZL OF THE CITY OF ROANOKE, VZRGINZA
The 27th day of July, 1992. No. 31120-072792.
AN ORDINANCE to amend and reordain certain sections of the
1992-93 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 1992-93 Grant Fund
Appropriations, be, and the same are hereby, amended and reordained
to read as follows, in part:
Education
Flow Through 1992-93 (1-15) .... $22,729,622
Magnet School 1992-93 (16-44)..' .................. 813,400
................... 1,121,540
Student Assistance Program 1992-93 (45- ...
49) ..... 29,557
Education
Flow Through 1992-93
Magnet School 1992-93 (52)
Student Assistance Program ........................
1992-93 (53) ...........
(50-51) $22,729,622
...................... 813,400
1,121,540
29,557
1) Coordinator (035-060-6505-6453-0124) $ 39,939
2) Teachers (035-060-6505-6453-0121)
3) Classroom 366,782
Aides (035-060-6505-6453-0141)
4) Social 77,025
Security (035-060-6505-6453-0201)
5) State 37,007
Requirement (035-060-6505-6453-0202)
6} Health 55,822
Insurance (035-060-6505~6453-0128)
7) Group Life 57,530
Insurance (035-060-6505-6453-0205) 4,354
8) Bus Aides (035-060-6505-6553-0142) 35,519
9) Social
Security
10) Health
Insurance
11) Contracted
Health
Services
12) Service
Contracts
13) Travel
14) Inservice
15) Supplies
16) Elementary
Teacher
17) Coordinators
18) Curriculum
Development
- Fairview
19) Social
Security
20) State
Retirement
21) Health
Insurance
22) Group Life
Insurance
23) Secondary
Teacher
24) Coordinators
25) Social
Security
26) State
Retirement
27) Health
Insurance
28) Group Life
Insurance
29) Director
30) Curriculum
Development
Forest Park
31) Clerical
32) Social
Security
33) State
Retirement
34) Health
Insurance
35) Group Life
Insurance
36) Indirect
Costs
(035-060-6505-6553-0201)
(035-060-6505-6553-0128)
(035-060-6505-6553-0311)
(035-060-6505-6553-0332)
(035-060-6505-6553-0554)
(035-060-6505-6553-0587)
(035-060-6505-6553-0614)
(035-060-6991-6007-0121)
(035-060-6991-6007-0124)
(035-060-6991-6007-0129)
(035-060-6991-6007-0201)
(035-060-6991-6007-0202)
(035-060-6991-6007-0204)
(035-060-6991-6007-0205)
(035-060-6991-6107-0121)
(035-060-6991~6107-0124)
(035-060-6991-6107-0201)
(035-060-6991-6107-0202)
(035-060-6991-6107-0204)
(035-060-6991-6107-0205)
(035-060-6991-6207-0114)
(035-060-6991-6207-0129)
(035-060-6991-6207-0151)
(035-060-6991-6207-0201)
(035-060-6991-6207-0202)
(035-060-6991-6207-0204)
(035-060-6991-6207-0205)
(035-060-6991-6207-0212)
$ 2,717
18,305
101,000
4,000
4,400
1,200
7,800
24,633
75,230
5,109
8,031
11,344
9,153
899
35,847
54,105
6,881
10,219
7,845
810
54,611
6,503
15,225
5,839
7,933
5,230
629
18,747
Administra- tive Travel
Instructional
Supplies -
Forest Park
Instructional
Supplies -
37)
38) 1,200
39)
Fairview (035-060-6991-6207-0615)
40) Equipment -
Forest Park (035-060-6991-6207-0822)
41) Curriculum
Development
- Addison (035-060-6991-6307-0129) 3,994
42) Social
Security (035-060-6991-6307-0201) 306
43) Instructional
Supplies -
Addison
44) Equipment -
Addison
45) Student
Assistance
Coordinator
46) Social
Security
47) State
Retirement
48) Health
Insurance
49) Group Life
Insurance
50) State Grant
Receipts
51) Federal
Grant
Receipts
52) Federal
Grant
Receipts
53) Federal
Grant
Receipts
(035-060-6991-6207-0551)$
(035-060-6991-6207-0614)
(035-060-6991-6307-0614)
(035-060-6991-6307-0822)
422,785
10,100
166,462
100,470
51,400
(035-060-6992-6100-0121) 22,469
(035-060-6992-6100-0201) 1,719
(035-060-6992-6100-0202) 2,552
(035-060-6992-6100-0128) 2,615
(035-060-6992-6100-0205) 202
(035-060-6505-1100) 118,400
(035-060-6505-1102)
(035-060-6991-1102)
(035-060-6992-1102)
695,000
1,121,540
29,557
BE IT FURTHER ORDAINED that, an emergency existing,
Ordinance shall be in effect from its passage.
ATTEST:
this
City Clerk.
DEPARTMENT OF FINANCE
July 27, 1992
TO=
FROM:
SUBJECT:
Honorable Mayor and Members of City Council
Joel M. Schlanger, Director of Finance
School Board Request for the Appropriation of Grant
Funds
I have reviewed the attached request to appropriate
funding for the School Board. This report will appropriate
funding for three grants in the Grant Fund. These are funded
with federal and state funds.
I recommend that you concur with this request of the
School Board.
'DirEctor of Fin~ce
JMS:pac
Attachments
Finn D. Pincus. Chairman
Charles W. DaV. Vice Chairman
Sallve T. Coleman
Roanoke.
City School Board
P.O Box 13105, Roanoke, Virginia 24031 ·
Martlvn C Curtis
Martha LU. O'Neil
Thomas L Orr
James ~ Tumer, Jr.
Frank p. To~a, Superln~endeni~
Richard L Helley, Clerk of ~he ~oarcl
703-981-2381
rg
CC:
July 8, 1992
The Honorable David A. Bowers, Mayor
and Members of Roanoke City Council
Roanoke, VA 24011
Dear Members of Council:
As the result of official School Board action at its July 8, 1992
meeting, the Board respectfully requests City Council to appropriate funds for
the following school grants:
Grant No. 6505 - $813,400.00 for the 1992-93 Flow Through program
to provide aid for the education and guidance of handicapped students. The
program is one hundred percent reimbursed by state and federal funds.
Grant No. 6991 - $1,121,540.00 for the Magnet Schools program for
1992-93 to provide for the operation of the Magnet School programs at
Addison Aerospace Middle School, Fairview World of Plants and Animals, and
Forest Park--The New American School. The program is one hundred percent
reimbursed by federal funds.
Grant No. 6992 - 829,557.00 for the 1992-93 Student Assistance
Program to provide for the expansion and improvement of direct student
assistance services, primarily to prevent and reduce alcohol and drug abuse
among secondary students. The program is one hundred percent reimbursed
by federal funds.
Sincerely, -- ~
Richard L. Kelley
Clerk of the Board and
Executive for Business Affairs
Mr. Finn D. Pincus
Dr. Frank P. Tota
Mr. William L. Murray, Jr.
Mr. Kenneth F. Mundy
rr W. Robert Herbert
rl Wilburn C. Dibling
· Joel M. Schlanger (with accounting details)
Excellence in Education
ROANOKE CITY SCHOOL BOARD
Roanoke, Virginia
APPROPRIATION REQUEST
Flow Through 92-93
6505
035-060-6505-6453-0124
035-060-6505-6453-0121
035-060-6505-6453-0141
035-060-6505-6453-0201
035-060-6505-6453-0202
035-060-6505-6453-0128
035-060-6505-6453-0205
035-060-6505-6553-0142
035-060-6505-6553-0201
035-060-6505-6553-0128
035-060-6505-6553-0311
035-060-6505-6553-0332
035-060-6505-6553-0554
035-060-6505-6553-0587
035-060-6505-6553-0614
Appropriation Unit Y5Y
035-060-6505-1100
035-060-6505-1102
Coordinator
Teachers
Classroom Aides
Social Security
State Retirement
Health Insurance
State Group Life Insurance
Bus Aides
Social Security
Health Insurance
Contracted Health Services
Service Contracts
Travel
Inservice
Supplies
State Grant Receipts
Federal Grant Receipts
39,939.00
366,782.00
77,025.00
37,007.00
55,822.00
57,530.00
4,354.00
35,519.00
2,717.00
18,305.00
101,000.00
4,000.00
4,400.00
1,200.00
I' 7,800.00
813,400.00
118,400.00
695,000.00
The 1992-93 Flow Through program will provide aid for the education and
guidance of handicapped students. One hundred percent of expenditures will be
reimbursed by state and federal funds. The program will end dune 30, 1993.
July 8, 1992
ROANOKE CITY SCHOOL BOARD
Roanoke, Virginia
APPROPRIATION REQUEST
Magnet School 1992-93
6991
035-060-6991-6007-0121
035-060-6991-6007-0124
035-060-6991-6007-0129
035-060-6991-6007-0201
035-060-6991-6007-0202
035-060-6991-6007-0204
035-060-6991-6007-0205
035-060-6991-6107-0121
035-060-6991-6107-0124
035-060-6991-6107-0201
035-060-6991-6107-0202
035-060-6991-6107-0204
035-060-6991-6107-0205
035-060-6991-6207-0114
035-060-6991-6207-0129
035-060-6991-6207-0151
035-060-6991-6207-0201
035-060-6991-6207-0202
035-060-6991-6207-0204
035-060-6991-6207-0205
035-060-6991-6207-0212
035-060-6991-6207-0551
035-060-6991-6207-0614
035-060-6991-6207-0615
035-060-6991-6207-0822
035-060-6991-6307-0129
035-060-6991-6307-0201
035-060-6991-6307-0614
035-060-6991-6307-0822
Appropriation Unit zgJ
035-060-6991-1102
Elementary Teacher
Coordinators
Curriculum Development - Fairview
Social Security
State Retirement
Health Insurance
State Group Life Insurance
Secondary Teacher
CoordiRators
Social Security
State Retirement
Health Insurance
State Group Life Insurance
Director
Curriculum Development- Forest Park
Clerical
Social Security
State Retirement
Health Insurance
State Group Life Insurance
Indirect Costs
Administrative Travel
Instructional Supplies - Forest Park
Instructional Supplies - Fairview
Equipment - Forest Park
Curriculum Development - Addison
Social Security
Instructional Supplies - Addison
Equipment - Addison
Federal Grant Receipts
$ 24,633.00
75,230.00
5,109.00
8,031.00
11,344.00
9,153.00
899.00
35,847.00
54,105.00
6,881.00
10,219.00
7,845.00
810.00
54,611.00
6,503.00
15,225.00
5,839.00
7,933.00
5,230.00
629.00
18,747.00
1,200.00
422,785.00
10,100.00
166,462.00
3,994.00
306.00
100,470.00
51,400.00
$ 1,121~540.00
$ 1,121,540.00
The Magnet Schools program for 1992-93 will provide for the operation of the
Magnet School Programs at Addison Aerospace Middle School, Fairview World of
Plants and Animals and Forest Park, The New American School. The program is
one hundred percent reimbursed by federal funds and will end June 30, 1993.
July 8, 1992
RO~IOKE CITY SCHOOl, BOARD
Roanoke. Virginia
APPROPRIATION REQUEST
Student Assistance Program 92-93
6992
035-060-6992-6100-0121
035-060-6992-6100-0201
035-060-6992-6100-0202
035-060-6992-6100-0128
035-060-6992-6100-0205
Appropriation Unit ZgK
Student Assistance Coordinator
Social Security
State Retirement
Health Insurance
Group l,ife Insurance
22,469.00
1,719.00
2,552.00
2,615.00
202.00
$ 29r557.00
035-060-6992-1102
Federal Grant Receipts
$ 29,557.00
The 1992-93 Student Assistance Program will provide for the expansion and
improvement of direct student assistance services, primarily to prevent and
reduce alcohol and drug abuse among secondary students. The program is one
hundred percent reimbursed by federal funds. The program will end June 30,
1993.
July 8, 1992
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703) 981-2541
SANDRA Ii. EAKIN
Deputy City Clerk
July 29, 1992
File #60-467
Mr. Joel M. Schlanger
Director of Finance
Roanoke, Virginia
Dear Mr. Schlanger:
I am attaching copy of Ordinance No. 31121-072792 amending and reordaining certain
sections of the 1992-93 Capital Fund Appropriations, providing for appropriation of
$2.0 million, representing a recently approved State Literary Fund loan for
improvements and an addition to Virginia Heights Elementary School. Ordinance No.
31121-072792 was adopted by the Council of the City of Roanoke at a regular meeting
held on Monday, July 27, 1992.
Sincerely, ~
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
Enc.
pc.'
Mr. Finn D. Pincus, Chairperson, Roanoke City School Board
Dr. Frank P. Tota, Superintendent of Schools
Mr. Richard L. Kelley, Executive for Business Affairs and
Clerk of the Board
Mr. Barry L. Key, Manager, Office of Management and Budget
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 27th day of July, 1992.
No. 31121-072792.
1992-93 Capital
emergency.
WHEREAS,
Government of the
exist.
AN ORDINANCE to amend and reordain certain sections of the
Fund- Appropriations, and providing for an
for the usual daily operation of the Municipal
City of Roanoke, an emergency is declared to
THEREFORE, BE IT ORDAINED by the Council of the City of
Roanoke that certain sections of the 1992-93 Capital Fund
Appropriations, be, and the same are hereby, amended and reordained
to read as follows, in part:
Education
Renovate Virginia Heights Elementary School (1) ......
Revenue
Due from State Literary Loan (2) .......................
$12,665,833
2,000,000
$ 2,000,000
1) Appropriation from State
Literary Loan (008-060-6078-6896-9007)
2) Due from State
Literary Loan (008-1209)
$2,000,000
2,000,000
BE IT FURTHER ORDAINED that, an emergency existing, this
Ordinance shall be in effect from its passage.
ATTEST:
City Clerk.
July 27, 1992
TO:
FROM:
SUBJECT:
Honorable Mayor and Members of City Council
Joel M. Schlanger, Director of Finance
School Board Request for the Appropriation of Funds
I have reviewed the attached request of the School
Board to appropriate $2,000,000 in State Literary Loan funds in the
Capital Projects Fund. These funds are for the renovation and an
addition to Virginia Heights Elementary School.
I recommend that you concur with this request of the
School Board.
JMS:pac
Attachments
~ector of Fi~
Finn D. Pincus, Chairman
Charles LU. Day, Vice Chairman
Sallye T. Coleman
noke ----__
City School I oard
P.O 8ox 13105, Roanoke, Virginia ~4031
Marllyn C. Curl:is
Marl:ha W. O'Neil
Thomas L Orr
James M. Turner, Jr.
Frank P. Tara, Superintendent
Richard L Kelley, Clerk of I:he Board
· 703-981-2381
July 20, 1992
The Honorable David A. Bowers, Mayor
and Members of Roanoke City Council
Roanoke, VA 24011
Dear Members o'f Council:
The Roanoke City School Board requests that Roanoke City Council
pppropriate $2.0 million in a recently approved state Literary Fund loan for
~mprovements and an addition to Virginia Heights Elementary School. The
construction cost for the project based on the Iow bid will be $2.35 million.
The construction cost will be funded from the $2.0 million loan and
8350,000 in capital bond issue proceeds.
The construction cost exceeds the architect's estimate by about
$350,000. The additional cost includes the addition of a multipurpose room,
a $100,000 contingency for rock excavation, and a $100,000 contingency
for construction changes. If the School Board had elected to eliminate the
multipurpose room, which was a bid alternate, the project cost would then be
close to the architect's estimate.
The School Board approved the multipurpose room addition in order to
improve physical education activities at the school, particularly on inclement
weather days. It is estimated that the usage factor for the multipurpose room
will be 83% to include physical education, music, and other student group
activities. The room also will be a valuable resource for neighborhood use
after school hours.
The Board's decision to construct a multipurpose room at Virginia
Heights will require that multipurpose rooms also t~e added to the remaining
projects at Morningside and Wasena. The total estimated capital cost for
these projects then will increase by $200,000 to $700,000 depending on
actual bids for these projects, which will mean the total estimated cost of
.renovating all seven schools will range from $15.4 million to $15.9 million (an
~ncrease from the 1991 estimate of $15.2 million). The additional $200,000
to $700,000 in funding required to complete the projects will be provided by
increasing the 1993 Literary Loan request for Morningside Elementary School
from $1.5 million to $1.7 - $2.2 million. The additional funds required will
add not more than $63,000 or about 5% to the Schools' debt service
expenditures starting in 1995.
Excellence In Education ,~
Members of Council
Page 2
July 20, 1992
City Council's favorable approval of the Literary Fund loan
appropriation request and the need for additional funding will ensure the
timely completion of these projects. The renovated buildings with
multipurpose rooms will be a long-term asset to the development and
strength of the City's neighborhoods.
Sincerely,
' r"' s,ness A,fa,rs
and Clerk of the Board
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
qMr. Joel M. Schlanger (with accounting details)
RO~J~OKE CITY SCHOOL BOARD
Roanoke, Virginia
APPROPRIATION REQUEST
Renovation of Virginia Heights Elementary School
6078
008-060-6078-6896-0851
Appropriation Unit ZMU
Alterations to Buildings
$ 2,000,000.00
008-060-6078-6896-9007 State Literary Fund Loans
$ 2,000,000.00
The renovation of Virginia Heights Elementary School is the fifth in a series
of seven schools constructed prior to 1930 which are scheduled to be
remodeled. A Literary fund loan in the amount of $2,000,000 has been approved
for this project.
July 8, 1992
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 2~011
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
July 29, 1992
File #60-258
Mr. Joel M. Schlanger
Director of Finance
Roanoke, Virginia
Dear Mr. Schlanger:
I am attaching copy of Ordinance No. 31123-072792 amending and reordaining certain
sections of the 1992-93 Hotel Roanoke Conference Center Commission Fund
Appropriations, providing for transfer of $50,000.00 for operating expenses relating
to the Hotel Roanoke Conference Center Commission; and establishing a third party
accounts receivable, in the amount of $50,000.00, in connection with operating
expenses of the Commission. Ordinance No. 31123-072792 was adopted by the
Council of the City of Roanoke at a regular meeting held on Monday, July 27, 1992.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
Enc.
pc: Mr. W. Robert Herbert, City Manager
Mr. Brian J. Wishneff, Chief, Economic Development
IN THE COUNCIL OF THE CITY OF RO~I~OKE~ VIRGINIA
The 27th day of July, 1992.
No. 31123-072792.
AN ORDINANCE to amend and reordain certain sections of the
1992-93 Hotel Roanoke Conference Center Commission Fund
Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal
city of Roanoke, an emergency is declared to
Government of the
exist.
THEREFORE,
BE IT ORDAINED by the Council of the City of
Roanoke that certain sections of the 1992-93 Hotel Roanoke
Conference Center Commission Fund Appropriations, be, and the same
are hereby, amended and reordained to read as follows, in part:
Hotel Roanoke Conference Center Con~nieeion Fund
ADDromriations
Operating Expenses (1-3) .........................
$ 100,000
Revenue
Due from Virginia Tech (4) .......................
Transfers from Other Funds (5) ...................
1) Training and
Development
2) Administrative
Supplies
3) Fees for
Professional
Services
4) Due from
Virginia Tech
5) Transfers from
capital Fund
(010-002-9500-2044) 5,000
(010-002-9500-2030) 5,000
(010-002-9500-2010) 90,000
(X010-1293) 50,000
(010-020-1234-1125) 50,000
$ 50,000
50,000
BE IT FURTHER ORDAINED that, an emergency existing,
Ordinance shall be in effect from its passage.
ATTEST:
this
City Clerk.
July 27, 1992
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Council Members:
Subject: Hotel Roanoke Conference Center Commission
City Council declared by resolution #30963-041392 dated A~ril 13, 1992 that
there is a need for a Conference Center Commission and that the City of Roanoke
and Virginia Polytechnic Institute and State University should unite in its
formation. The Virginia Tech Board of Visitors declared by Resolution dated
November 18, 1991 that there was a need for a Conference Center Commission
and that the City and Virginia Tech should unite in the formation of a
Commission.
City_ Council a _npointed by resolution #30964-041392 dated A~ril 13, 1997. James
G. Harvey, II, W. Robert Herbert and Joel M. Schlanger as the City's
representatives to the Hotel Roanoke Conference Center Commission.
II CURRENT SITUATION:
A. The Hotel Roanoke Conference Center Commission requires an interim
operational budget.
The Hotel Roanoke Conference Center Commission nee41s fonding from the City
and other third parties to cover costs of operating the Commission and moving
the Hotel Roanoke project forward.
III. ISSUES:
A. Funding.
B. Timing.
C. Economic Development.
Members of Council
July 27, 1992
Page 2
IV. ALTERNATIVES:
~i{Y Council authorize Director of Finance to establish a new Enterprise Fund
entitled Hotel Roanoke Conference Center Commission. Transfer from Capital
Fund, Hotel Conference Center account number 008-002-9653-9003, $50.000.00
for operating expenses related to the Hotel Roanoke Conference Center
Commission and to establish a third party accounts receivable for $50.000.00 to
also be used for operating expenses of the Commission.
Funding, is available in the Capital Fund in the Hotel Conference Center
account. Funds were made available for this project due to savings to the
City from the refinancing of Series 1985 bonds, which were re-issued as
part of the Series 1992B General Obligation Bond Issue.
~ since the Commission is now incurring costs related to
the project.
3. Economic Development would continue and the related expenses
accounted for within a new Enterprise Fund.
City_ Council not authorize Director of Finance to establish a new Enterprise Fund
(Hotel Roanoke Conference Center Commission).
Funding could continue briefly through the Capital Fund Hotel Conference
Center Account, but the Hotel Roanoke Conference Center Commission
has requested a separate fund for accountability of the funding.
2. Timing would be negatively impacted since expenses are being incurred.
3. Economic Development could be negatively impacted since the
Commission has requested a separate fund.
V. RECOMMENDATION:
City Council authorize Director of Finance to establish a new Enterprise Fund
entitled Hotel Roanoke Conference Center Commission. Transfer from Capital Fund,
Hotel Conference Center account number 008~002-9653-9003, $50.000.00 for expenses
for the Hotel Roanoke Conference Center Commission and to establish a third party
accounts receivable for $50.000.00 to also be used for operating expenses of the
Commission. This will establish an initial operating budget of $100.000.00 that City
Council may modify as the Hotel Roanoke Conference Center Project progresses.
Members of Council
July 27, 1992
Page 3
Respectfully submitted:
W. Robert Herbert
City Manager
WRI-I/PFS:kkd
cc: Director of Finance
City Attorney
Manager, Management and Budget
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke. Vir~nia 24011
Telephone: (703) 981-2541
SANDRA H. EXg~N
Deputy City Clerk
July 29, 1992
File #293-258
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Resolution No. 31124-072792 authorizing an agreement with
the Roanoke Valley Convention and Visitor's Bureau to provide for a donation, in the
amount of $510,000.00, for the express purpose of promoting tourism in the Roanoke
Valley and marketing the proposed Hotel Roanoke Conference Center for a term of
one year, as more particularly set forth in a report of the City Manager under date
of July 27, 1992. Resolution No. 31124-072792 was adopted by the Council of the
City of Roanoke at a regular meeting held on Monday, July 27, 1992.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
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pc:
Ms. M~artha Mackey, Executive Director, Roanoke Valley Convention and
Visitoi~s Bureau, 114 Market Street, S. W., Roanoke, Virginia 24011
Mr. Jo~ M. Schlanger, Dir. ector of Finance
Mr. Brian J. Wishneff, Chief, Economic Development
Mr. Philip F. Sparks, Economic Development Specialist
Mr. Bar~ L. Key, Manager, Office of Management and Budget
MARY F. p.A~V~R
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 2401 I
Telephone: (703) 981-2541
Deputy City Clerk
August 13, 1992
File #15-293-258
Mr. J. Granger Macfarlane
2402 Woodcliff Road, S. W.
Roanoke, Virginia 24014
Dear Mr. Macfarlane:
At a regular meeting of the Council of the City of Roanoke held on Monday,
August 10, 1992, you were appointed as a member of the Roanoke Valley Convention
and Visitors Bureau Board of Directors to serve at the pleasure of the City Council,
pursuant to an Agreement under date of July 24, 1992, by and between the Roanoke
Valley Convention and Visitors Bureau and the City of Roanoke.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
Enc.
pc:
Ms. Martha Mackey, Executive Director, Roanoke Valley Convention and
Visitors Bureau, 114 Market Street, S. W., Roanoke, Virginia 24011
Mr. W. Robert Herbert, City Manager
Mr. Brian J. Wishneff, Chief, Economic Development
Mr. Phillip F. Sparks, Economic Development Specialist
Mr. Barry L. Key, Manager, Office of Management and Budget
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
August 13, 1992
File #15-293-258
The Honorable James G. Harvey, II, Chairperson
Hotel Roanoke Conference Center Commission
Mr. W. Robert Herbert
City Manager
Mr. Brian J. Wishneff, Chief
Economic Development
Mr. John S. Edwards, Chairperson
Roanoke Civic Center Commission
Gentlemen:
Pursuant to Section 8, Board of Directors, of an Agreement under date of July 24,
1992, between the Roanoke Valley Convention and Visitors Bureau and the City of
Roanoke, you have been designated as ex-officio members of the Board of Directors
of the Roanoke Valley Convention and Visitors Bureau, with fuli voting rights and
privileges during the term of the Agreement.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
Eno o
pc:
Ms. Martha Maekey, Executive Director, Roanoke Valley Convention and
Visitors Bureau, 114 Market Street, S. W., Roanoke, Virg~ni~ 24011
Mr. J. Granger Macfarlane, 2402 Woodcliff Road, S. W., Roanoke, Virginia
24014
Mr. Phillip F. Sparks, Economic Development Specialist
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 27th day of July, 1992.
No. 31124-072792.
A RESOLUTION authorizing an agreement with the Roanoke Valley
Convention and Visitor's Bureau for the purpose of increasing
tourism in the Roanoke Valley and marketing the proposed Hotel
Roanoke Conference Center.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City Manager or the Assistant City Manager and the
City Clerk are hereby authorized to execute and attest,
respectively, an agreement with the Roanoke Valley Convention and
Visitor's Bureau, for a term of one year, unless sooner terminated
in accordance with the provisions of the agreement, and to provide
for a donation of $510,000 for the promotion of tourism and the
marketing of the proposed Hotel Roanoke Conference Center, all as
more particularly set forth in the City Manager's report to this
Council dated July 27, 1992.
2. Said agreement shall be in substantially the form
attached to the City Manager's report to this Council dated July
27, 1992, and in such form as is approved by the City Attorney.
ATTEST:
City Clerk.
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Council Members:
II
III.
July 27, 1992
Subject: Roanoke Valley Convention and Visitors Bureau
Co
City Council desires to increase the City's donation to the Roanoke Valley
Convention and Visitors Bureau (RVCVB) by $300.000 (for a total of $510.000)
for the express purpose of increasing tourism in the Roanoke Valley.
City Council re~_uests assistance from the RVCVB in marketing the proposed new
Hotel Roanoke Conference Center and desires assurance that the funds will be
used for these purposes.
~ has negotiated an agreement to assure that its donated funds
be used for these purposes.
CURRENT SITUATION:
RVCVB has submitted for approval, by the City Manager. a budget setting forth
the anticipated expenditures of City funds involved.
ISSUES:
F n__EIl.~[~ for RVCVB.
Timing.
Economic Developmgnt_
Council Members
July 27, 1992
Page 2
IV. ALTERNATIVES:
City Council authorize the donation of $510.090 to the RVCVB and authorize the
City Manager to execute an agreement which provides for a term of one year
with RVCVB for the express purpose of increasing tourism in the Roanoke Valley
and to assist in the marketing of the proposed new Hotel Roanoke Conference
Center.
Funding is available in the Fiscal Year 1993 General Fund budget in
Account Number 001-002-7220-3702.
Timing would allow the City to make its first installment to RVCVB by
the last day of July, 1992 as provided for in the proposed agreement.
Economic Development would continue as the promotion of the proposed
new Hotel Roanoke Conference Center would begin.
City Council not approve the donation or not authorize the City Manager to
execute an agreement with the RVCVB for the express purpose of marketing the
proposed new Hotel Roanoke Conference Center.
1. Funding of the RVCVB would be jeopardized.
Timing would not allow the City to make its first installment to RVCVB
by the last day of July, 1992 as provided for in the proposed agreement.
Economic Develonment would be negatively impacted due to lack of
marketing and promotional activity to support the proposed new Hotel
Roanoke Conference Center.
V. RECOMMF~NDATION:
City Council authorize the donation of $510,000 to the RVCVB and authorize the City
Manager to execute an agreement which provides for a term of one year with RVCVB
for the express purpose of increasing tourism in the Roanoke valley and assisting in the
marketing of the proposed new Hotel Roanoke Conference Center.
Council Members
July 27, 1992
Page 3
WRH/PFS:kkd
cc: Director of Finance
City Attorney
Manager, Management and Budget
Respectfully submitted:
W. Robert Herbert
City Manager
gAFT
THIS AGREEMENT, made this day of July, 1992, by and
between the ROANOKE VALLEY CONVENTION AND VISITORS BUREAU, a
corporation organized under the laws of the Commonwealth of
Virginia (hereinafter "RVCVB") and the CITY OF ROANOKE, a political
subdivision of the Commonwealth of Virginia (hereinafter "City").
WHEREAS, the RVCVB is a "REGIONAL DESTINATION MARKETING
ORGANIZATION" whose mission is to market the entire Roanoke Valley
as an exciting destination for Convention and Leisure travel;
WHEREAS, the City is the largest contributor and with its
concentration of hotels, convention facilities, shopping, dining
and attractions, realizes enhancement of its tax revenues as a
result of the RVCVB marketing efforts;
WHEREAS, the city desires to render aid and provide support to
the RVCVB to assist in the promotion of the Roanoke Valley as a
destination or meeting site for Visitors including tourists,
conventions and meeting groups, special event visitors and
commercial travelers;
WHEREAS, the City desires to formalize its relationship with
RVCVB in an effort to increase the revenue enhancement derived from
tourism activity;
WHEREAS, the City desires to increase its donation to RVCVB by
$300,000 (for a total of $510,000) for the express purpose of
increasing tourism activities; and
WHEREAS, the City is requesting assistance from RVCVB in
marketing the proposed new Hotel Roanoke Conference Center; and
WHEREAS, the City desires to assure that its donation of funds
be used for these purposes.
WITNESSETH:
That, for and in consideration of the mutual promises
hereinafter set forth, the parties do hereby agree as follows:
1. Term. The term of this Agreement shall be for one year,
commencing July 1, 1992 and ending on June 30, 1993.
2. Services. Funds made available to RVCVB, by the City, will
be applied to provide additional services resulting directly or
indirectly in income producing activities including but not limited
to:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
Direct sales programs.
Sales promotions.
Servicing conventions.
Marketing/communications.
Identify product need (new and improved facility and
attractions)
Coordination with other City and Civic agencies and
businesses involved in the growth of the Roanoke
Valley.
Staff and run a Visitors' Center.
Promote and sell the Roanoke Valley as a convention
and tourist destination.
Prepare to perform the role of marketing the new
Roanoke Conference Center.
3. Work Proaram/~udqet. No later than July 13, 1992, the
RVCVB shall submit to the City Manager for approval a work program,
marketing plan and budget setting forth in reasonable detail the
activities planned for the year and the anticipated expenditures of
City funds involved. The marketing plan shall be in sufficient
detail as to determine the strategy RVCVB will be pursuing in
promoting and selling the Roanoke Valley as a destination for group
meetings, i.e. conferences and conventions and tourism. The City
Manager shall approve or otherwise respond to the proposed work
program, marketing plan and budget no later than July 20, 1992 in
order that any necessary modifications be settled upon before July
27, 1992. Monthly reports shall be submitted by the RVCVB to the
City's Chief of Economic Development outlining progress on
convention sales, tourism activities and groups booked, bus tour
activity, bookings and other information as deemed to be necessary.
An absence of any written response by the City's Chief of Economic
Development, within 10 days of receipt of each monthly report,
requesting redirection of efforts or noting "sub par performance"
will denote satisfaction with RVCVB efforts.
4. Fundina. The City agrees to provide funding to RVCB in the
amount of Five Hundred and Ten Thousand Dollars ($510,000.00).
Such amount shall be made quarterly in equal payments on or before
the last day of July 1992, and first day of September 1992,
December 1992, and March 1993.
5. Subcontractinq. It is contemplated that RVCVB may from
time to time contract with firms and individuals for the
acquisition of goods or services in the furtherance of the
activities contemplated by this Agreement. RVCVB will not enter
into any contract relating to activities contemplated by this
Agreement or involving the expenditure of funds provided to RVCVB
by the City under this Agreement where the amount of such contract
is $5,000 or more without written authorization of the City Manager
unless the amount of the contract sum and the nature of the goods
or services to be acquired were disclosed in the work program or
annual plan and budget submitted for the year.
6. Books and Records. Audits. RVCVB shall keep accurate books
and records. Both monthly P&L and Income Statements as well as an
audited financial statement shall be made available to the City.
Additionally, RVCVB will make such books and records available to
the Municipal Auditor of the City or other independent auditor
selected by the City during its regular office hours.
7. Contacts with Prospective Clients. As specified in
paragraph 3, the RVCVB shall inform the City's Chief of Economic
Development on a regular basis of work in progress at the RVCVB.
A representative from the City shall have the right to be present
at any formal bid presentations made to potential group meeting
business. A separate $15,000 contingency fund within the $510,000
appropriation shall be established in the RVCVB budget to assist in
"closing" potential booking transactions. These funds shall be
committed with prior authorization by the City Manager or his
designee based on economic impact to the community. The foregoing
in no way limits the authority or ability of the RVCVB
representative to use other funds budgeted for the purpose of
"closing" potential business transactions.
8. Board of Directors. Upon the execution of this Agreement,
City Council shall appoint one of its members and one other person
as members of the Board of Directors of RVCVB; such appointees
shall have full voting rights and privileges during the term of
this Agreement and shall hold office at the pleasure of City
Council. In addition, the City Manager, the City Chief of Economic
Development, the Chairman of the Hotel Roanoke Conference Center
Commission, and the Chairman of the Roanoke Civic Center Commission
shall be ex-officio members of the Board, with full voting rights
and privileges during the term of this Agreement.
9. Indemnification.
harmless the other party,
any and all claims, legal
Each party shall indemnify and hold
its officers, agents and employees, from
actions and judgements advanced against
it or its officers, agents or employees, and for expenses it may
incur in this regard, arising out of the other's negligent acts or
omissions, with respect to carrying out this Agreement.
10. Insurance. RVCVB shall obtain and maintain during the
life of this Agreement a policy or policies of comprehensive
general liability insurance with an insurance company or companies
licensed to do business in Virginia, which policy or policies shall
provide coverage with respect to claims arising out of the subject
matter of this Agreement. The amount of such insurance shall not
be less than $1,000,000.
Directors and officers Liability: $1,000,000 per occurrence
providing coverage including defense costs, with respect to claims
arising out of the subject matter of this agreement. As a claims
made policy, RVCVB shall maintain continuity of coverage for at
least three years past the end of this agreement.
11. Assianment. Neither the city nor RVCVB may assign its
rights or obligations hereunder without the prior written consent
of the other.
12. Notices. Any notices required by the terms of this
Agreement shall be deemed to have been given when delivered in
person to or deposited in the U.S. mail, postage prepaid,
registered or certified, addressed to:
(a) If to the city:
City Manager
city of Roanoke
Municipal Building
215 Church Avenue,
Roanoke, Virginia
SoWo
24011
(b) If to RVCVB
President
Roanoke Valley Convention and Visitors Bureau
Marketplace Center
114 Market Street
Roanoke, Virginia 24011
or at such other address as each party may designate for itself by
notice given in accordance with paragraph 12.
13. Termination. The City may terminate this Agreement at any
time if RVCVB applies funds paid to RVCVB by the city for any
purpose other than the purposes contemplated by this Agreement,
provided that reasonable notice and opportunity to cure shall first
be afforded. Upon termination of this contract, the number of City
representatives on the Board of Directors of RVCVB shall be reduced
to two (2). In such event, the City Manager shall designate the
city's representatives to remain on the Board or in the event the
city Manager does not do designate within 14 days of termination of
the contract, the President or RVCVB shall make the designation.
city of Roanoke
By:
Title:
Roanoke Valley Convention and Visitors Bureau
By:
Title:
MARY F. PARKER
City Clerk
CITY Ol
C~VFICE OF 2
215 Church A'
Roano~
TelephoL
ANOKE
2ITY CLERK
¥., Room s,56
24011
~1-2541
SANDRA i'l. ~
Deputy City Clerk
July 28, 1992
Mr. J. Granger Macfarlane
2402 Woodcliff Road, S. E.
Roanoke, Virginia 24014
Dear Mr. Macfarlane:
Council Member William White Sr. wishes to nominate you for appointment to the
Roanoke Valley Convention and Visitor's Bureau, Board of Directors.
If you are wiliing to serve the City in this capacity, please complete the enclosed
nomination form and return it to the undersigned by Wednesday, August 5, 1992.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
Eno.
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE O THE CITY CLERK
215 Churc~ ~enue, S.W., Room 456
Roar,, e, Virginia24011
Telephone: (703) 951-2541
July 29, 1992
SANDRA H. EAIUN
Deputy City Clerk
File #236-265
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Resolution No. 31125-072792 authorizing and designating the
Clean Valley Council, Inc., to plan, budget for and operate a cooperative litter
control program on behalf of the City of Roanoke, the City of Salem, Roanoke
County, Botetourt County and the Town of Vinton; and authorizing you to execute
certain documents in connection ~rith State grants made to said program. Resolution
No. 31125-072792 was adopted by the Council of the City of Roanoke at a regular
meeting held on Monday, July 27, 1992.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
Ene.
pc:
Mr. William L. Woodfin, Jr., Director, Commonwealth of Virginia Department
of Waste Management, James Monroe Building, Eleventh Floor, 101 North 14th
Street, Richmond, Virginia 23219
Mr. William F. Clark, Director, Public Works
Ms. Marie T. Pontius, Grants Monitoring Administrator
MARY' F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703) 981-2.n41
SANDRA H. EAKIN
Deputy City Clerk
July 29, 1992
File #236-265
Mr. Forest G. Jones
Clerk of Council
City of Salem
P. O. Box 869
Salem, Virginia 24153-0869
Dear Mr. Jones:
I am enclosing copy of Resolution No. 31125-072792 authorizing and designating the
Clean Valley Council, Inc., to plan, budget for and operate a cooperative litter
control program on behalf of the City of Roanoke, the City of Salem, Roanoke
County, Botetourt County and the Town of Vinton; and authorizing the City Manager
to execute certain documents in connection with State grants made to said program.
Resolution No. 31125-072792 was adopted by the Coundil of the City of Roanoke at a
regular meeting held on Monday, July 27, 1992.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
Eno.
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703) 981-2541
SANDIL~ H. EAKIN
Deputy City Clerk
July 29, 1992
File #236-265
Mr. Ned C. McElwaine
Acting Clerk of the
Board
Botetourt County Board
of Supervisors
P. O. Box 279
Fincastle, Virginia 24090
Dear Mr. McElwaine:
I am enclosing copy of Resolution No. 31125-072792 authorizing and designating the
Clean Valley Council, Inc., to plan, budget for and operate a cooperative litter
control program on behalf of the City of Roanoke, the City of Salem, Roanoke
County, B otetourt County and the Town of Vinton; and authorizing the City Manager
to execute certain documents in connection with State ~rants made to said program.
Resolution No. 31125-072792 was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, July 27, 1992.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
Enc.
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703) 981-2~41
SANDRA H. EAKIN
Deputy City Clerk
July 29, 1992
File #236-265
Ms. Mary H. Allen
Clerk to the Board
Roanoke County Board
of Supervisors
P. O. Box 29800
Roanoke, Virginia 24018-0798
Dear Ms. Allen:
I am enclosing copy of Resolution No. 31125-072792 authorizing and designating the
Clean Valley Council, Inc., to plan, budget for and operate a cooperative litter
control program on behalf of the City of Roanoke, the City of Salem, Roanoke
County, Botetourt County and the Town of Vinton; and authorizing the City Manager
to execute certain documents in connection with State grants made to said program.
Resolution No. 31125-072792 was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, July 27, 1992.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
Eric o
MARY F. PAI~KF~
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
21~ Church Avenue, S.W., Room 4~6
Roanoke, Virginia 24011
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
July 29, 1992
File #236-265
Ms. Carolyn S. Ross
Clerk of Council
Town of Vinton
P. O. Box 338
Vinton, Virginia 24179
Dear Ms. Ross:
I am enclosing copy of Resolution No. 31125-072792 authorizing and designating the
Clean Valley Council, Inc., to plan, budget for and operate a cooperative litter
control program on behalf of the City of Roanoke, the City of Salem, Roanoke
County, B otetourt County and the Town of Vinton; and authorizing the City Manager
to execute certain documents in connection with State grants made to said program.
Resolution No. 31125-072792 was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, July 27, 1992.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
Enc.
MARY F.
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
21~ Church Avenue, S.W., Room
Roanoke, Virginia 24011
Telephone: (703) 981-2~41
SANDRA H. EAKIN
Deputy City Clerk
July 29, 1992
File #236-265
Ms. Ellen Aiken
Executive Director
Clean Valley Council, Inc.
P. O. Box 3320
Roanoke, Virginia 24015-1320
Dear Ms. Aiken:
I am enclosing copy of Resolution No. 31125-072792 authorizing and designating the
Clean Valley Council, Inc., to plan, budget for and operate a cooperative litter
control program on behalf of the City of Roanoke, the City of Salem, Roanoke
County, Botetourt County and the Town of Vinton; and authorizing the City Manager
to execute certain documents in connection with State grants made to said program.
Resolution No. 31125-072792 was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, July 27, 1992.
Sincerely,
City Clerk
CMC/AAE
MFP: sw
Eno.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 27th day of July, 1992.
No. 31125-072792.
A RESOLUTION authorizing and designating Clean Valley Council,
Inc., to plan, budget for and operate a cooperative litter control
program on behalf of the City of Roanoke, City of Salem, Roanoke
County, Botetourt County and the Town of Vinton; and authorizing
the City Manager to execute certain documents in connection with
State Grants made to such program.
BE IT RESOLVED by the Council of the City of Roanoke as
follows:
1. Clean Valley Council, Inc. ("Clean Valley") is authorized
to plan, budget for and operate a cooperative litter control
program on behalf of the City of Roanoke, City of Salem, Roanoke
County, Botetourt County and the Town of Vtnton.
2. Clean Valley is hereby designated as the coordinating
agency on behalf of the above-named localities to apply for and
receive grants and be responsible for the administration,
implementation and completion of the program.
3. Any grant funds received from the Virginia Department of
Waste Management for this program during fiscal year 1992-1993
shall be transferred immediately to Clean Valley, and all funds
shall be used in the cooperative program to which Council gives its
endorsement and support.
4. The City Manager is authorized to execute, for and on
behalf of the City, an Application and Contract for a Virginia
Litter Control and Recycling Grant.
ATTEST:
City Clerk.
Roanoke, Virginia
July 27, 1992
Honorable David A. Bowers, Mayor
and Members of City Council
Roanoke, Virginia
Dear Mayor and Council Members:
Subject:
I. Backqround:
Designation of the Clean Valley Council, Inc.,.~
as Recipient of Division of Litter Control and~/~
Recycling Funds ~'
Clean Valley Council~ Inc., was originated by the
governments in the Roanoke Valley to coordinate a
valley-wide litter control program.
Department of Waste Manaqement, Division of Litter
Control and Recycling (Commonwealth of Virginia), has
previously required a resolution annually from each
locality designating Clean Valley Council, Inc., as
recipient of the funds.
State grants were received by each locality and then
transferred to the Council.
II. Current Situation:
Clean Valley Council~ Inc. has submitted a cooperative
grant application for the five localities in the
Roanoke Valley.
Department of Waste Manaqement, Division of Litter
Control and Recycling (Commonwealth of Virginia), will
now accept a grant application and contract signed by
the chief administrative officer of each locality
participating in this multi-jurisdictional program.
Total grant available to Roanoke City for 1992-93 is
$5,105.00.
III. Issues:
A. Timinq.
B. Income.
Mayor and Members of Council
July 27, 1992
Page 2
IV. Alternatives:
ao
Authorize the City Manager to execute an application
and contract designating the Clean Valley Council,
Inc., as recipient of the Division of Litter Control
and Recycling grant for the City of Roanoke and
agreeing to terms and conditions of the grant.
1. Timing will coincide with application from other
area localities.
Income to Clean Valley Council, Inc., from the
City of Roanoke grant will be $5,105.00 for fiscal
year 93.
Do not authorize the City Manager to execute an
application and agreement designating the Clean Valley
Council, Inc., as recipient of the Division of Litter
Control and Recycling grant for the City of Roanoke and
agreeing to terms and conditions of the grant.
Timing will be drastically affected, forcing a
restructuring of the Clean Valley Council, Inc.,
grant application.
Income to Clean Valley Council, Inc., will be
drastically reduced.
V. Recommendation:
Roanoke City Council concur with Alternative "A" authorizing
the City Manager to execute an application and contract
designating the Clean Valley Council, Inc., as recipient of
the Division of Litter Control and Recycling Grant for the
City of Roanoke, and agreeing to terms and conditions of the
grant.
WRH:WFC:pr
R~spectfull~ submitted,
W. Robert Herbert
City Manager
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. Joel M. $chlanger, Director of Finance
Mr. William F. Clark, Director of Public Works
Ms. Ellen Aiken, Clean Valley Council, P.O. Box 3320,
Roanoke, Virginia 24015-1320
Clean Valley Council
July 8, 1992
Mr. W. Robert Herbert,
City of Roanoke
Municipal Building
215 Church Ave.
Roanoke, VA 24011
City Manager
Dear Mr. Herbert:
We have recently received from the Department of Waste Management
the annual application form for the litter control and recycling
grants offered each year to Virginia localities. As you know, we
have applied for and received funds from these grants for a number
of years. In years past, it was necessary for each governing body
to pass a resolution indicating that these funds would be applied
for and then turned over to Clean Valley Council. This year,
however, all that is needed is a signature by the chief
administrative officer for each locality on the DLCR-1A form, a
copy of which is enclosed. Please review this form, and if all
appears in order, return it to us at your earliest convenience.
A copy of our Performance and Accounting Report is also enclosed.
It has been a good year for Clean Valley Council in that we have
been able to offer more and we hope better programs to a record
number of Roanoke Valley residents. Unfortunately, the grant
monies have been reduced for next year, due to overall cuts in
State funding. The amount available to Roanoke City for the 1992-
93 grant is $5,105.00, which represents a reduction of $2,186.00
from last year. Clean Valley is exploring ways to continue
programming at least at its present level despite these cuts.
Please do not hesitate to call me if you have any questions or
concerns about the application process. Thank you for your
attention to this matter, and we look forward to hearing from you.
Sincerely yours,
Ellen Aiken
Executive Director
enclosure
P.O Box 3320 · RoanokeValley,Virginia 24015-1320 · Phone (703) 345-5523
COMMONWEALTH of VIRGtNIA
DEPARTMENT OF WASTE MANAGEMENT'
MEMORANDUM
(8~4) 225-2667
TOO (804) 371-8737
TO:
FROM:
SUB2ECT:
CITY MANAGERS, COUNTY ADMINISTRATORS, TOWN MANAGERS,
PUBLIC SERVICE AUTHORrFIES, PDC DIRECTORS,
LITTER CONTROL COORDINATORS, RECYCLING MANAGERS,
INTERESTED PARTIES
R. Allan Lassiter, Jr., Director ~
Division of Litter Control and Recycling
1992-1993 Grant Procedures
DATE: May I1, 1992
Each year, the Department of Waste Management provides litter control and
recycling grants to Virginia localities. Every city, county, and town is eligible for these
annual non-competitive and non-matching grants. Funding is provided by the annual litter
tax on retail establishments.
Enclosed are the materials needed to make application for the 1992-1993 grants.
Please notice several significant changes:
The Application and Contract (DLCR-1) have been reduced from 7 pages
to I page in our effort to further reduce the administrative burden placed on
localities. Similarly, the Guidelines for Use of the Funds has been reduced
from 6 pages to 2 pages.
A resolution from the governing body is no longer rexlUired; only the
signature of the chief administrative officer for the locality (city managex,
etc.) is needed.
Any unexpended 1991-1992 funds will not be "netted" against your 1992-
1993 grant amount. You simply carry ~'orward any unexpended funds for
use in the 1992~1993 program year.
James Monroe 8uilaing. Elevenlh Floor · 101 North Fo~Jrl~ef~l Stl~el · Ric~ttmott~, Virginia 23219
Page Two
4.
The annual Performance and Accounting Report (P & A ) has been reduced
from 8 pages to 5 pages. Grantees may use either this new form (DLCR-3)
or the "old P & A form" to report this year's accomplishments. As usual, we
will release your new funds only after we have received the P & A for the
current year.
5. Your 1992-1993 grant amount is indicated on the enclosed printout. These
figures represent a 15% reduction over last year's funding levels, which had
been cut by 10%. I am pleased that we can hold the cut in grants to only
25%, which is consistent with cuts experienced in our fund appropriation.
As in the past, we encourage localities, especially counties and their incorporated
towns, to ioin together in a cooperative program to pool resources. This also significantly
reduces ~ur administrative burden. Use form DLCR-1 for a single locality program and
DLCR-I-A (on reverse side of DLCR-I~ for a cooperative program. See the Grant
Guidelines (DLCR-2) for further details.
The Commonwealth's fiscal situation is causing continuing changes as described
above. Please temper these factors by the fact that participation by the general public in
both litter control and recycling is at an all-time high. Let's all use our limited resources
to maintain and broaden this support.
If you have any questions on these matter~, please contact m~ or Mary Clark
German, our grants administrator, at (804) 786-4498.
RAL/jw
DLCR-3
VIRGINIA DEPARTMENT OF WASTE MANAGEMENT
YEARLY PERFORMANCE AND ACCOUNTING (p & A) REPORTS FOR
THE VIRGINIA LI I-rER CONTROL AND RECYCLING GRANT ISSUED TO:
LOCALITY (CITY, COUNTY OR TOWN):
COORDINATING AGENCY: CLEAN VALLEY COUNCIL
FOR PROGRAM YEAR JULY 1, 1991 THROUGH JUNE 30, 1992
GENERAL
This form was developed to assist the locality and the Department in reporting and evaluating
litter control and recycling program accomplishments. This report may also serve as the annual
application for the Clean Vir 'nia Awards ff you so designate in Section 1.
A. Report performance and accounting for this July 1 to June 30 program year only.
B. If the exact performance data requested is not available, give your best estimate.
C. The Performance Report is divided into six sections. Complete only those sections which
apply to your program.
The Performance Report and the Accounting Reports are required of each locality which
receives a grant. For those localities in Cooperative Programs, the Coot~linating Agency
must complete and submit the mpon on behalf of all participating localities.
DEPARTMENT OF WASTE MANAGEMENT
Division of Litter Control and Recycling
James Monroe Building, llth Floor
101 North Fourteenth Street
Richmond, Virginia 23219
(804) 371-0044
Page 2 of 5
PERFORMANCE REPORT
SECTION 1. Planning;, Organization, and Funding
A. Organization
Bo
Name of entity to receive the funds and perform the work:
CLEAN VALLEY COUNCIL (Entity Name)
Staff Positions
Name ofLitterControlCoordinator. ELLEN AIKEN, Executive Director
Address p,o. Box 3320
Phone (703) 345-5523
Paid Staff and Volunteers
(INSERT #)
3. 3
4. 5,623
5. 2,170
6. 8,030
Roanoke, VA 24015
Number paid staff (full and part-time)
Annual hours worked by paid staff
Total number of volunteers (for al~l t~unctions)
Total numbe~ of volun~er hours (for all functions)
Program Finances and Support
CASH
7. DWM Grant $ 21,375
8. Locality $ 38,611
9. Privat~ Sector $ 9,340
10. Othor $10,000
I1.
12.
D. 13.
SECrlON II.
Specify ROANOKE CITY/COUNTY
GRANT FOR BUS. RECY. VIDEO
TOTALS $ 79,326
GRAND TOTAL $. 105,831
Ao
$ 9,250
$11~755
$ 5,500
$.26,505
Yes No
(X) ( ) Do you want this report to be considered an application for the 1992
Clean Virginia Award?
Public Communications
PrinmdMatefi~s
(INSERT #)
1. 17~866
2. 20,668
DWM materials utilized
Grantee-produced materials utilized
7.
8.
9.
SECTION III.
A.
Media Activity
3. 184
Page 3 of 5
Items provided by Grantee (press releases, event notices,
PSAs, interviews, etc.)
4. 51 Items generated (articles, pictures, news, or feature stories)
In-Person Presentations
5. 69 Group presentations, workshops
2,975 Total attendance for Item g 5
12 Exhibit events
4. 400 Total attendance for Item ] 7
7,375 Total attendance (add 8 and 10)
Classroom Education
School Data (both public and private)
1. 49 Elementary schools
2. 16,988 Elementary school enrollment
3. 12 Middle schools
4. _ 7,622 Middle school enrollment
5. 9 High schools
6. 8,944
High school enrollment
7. Driver Education Enrollment
Classroom Activities
8. 49 Elementary schools using ~
8 a. Students reached 19,388
9. 5 Secondary schools using the New_~_J.~3R
9 a. Students reached 2. 550
10. 4
-- Secondary schools using Litter Monsmr
10 a. Driver Ed students reached 678
Ecology Clubs
11.
15 Active Ecology Clubs
.SECTION IV. Cleanups
A. Adopt-a-Spot/Street
(INSERT #)
1. 155
Total spots/stxeets adopted
Activity Repons Received (at least 4 for each adoption)
*Adopt-A-Street/Highway activity reports are sent to localities
Bo
Do
3. 1,324
4. 4,004
5. 2,935
Waterway Cleanups
6. 14
Inoperative Vehicles
7. 100+
Total persons involved
Total hours volunteered
Total bags* of litter collected
*or other unit (specify)
Page 4 of 5
Total t~fforme~kspec~y Carvin's Cove Cleanup and Roanoke
River sites on Clean Valley Day
and Tinker Creek Cleanup along N&S
tracks2
Total number removed and scraped
(Check with DMV for reimbursement)
Indiscriminate Dumps Eliminateti
8. 3 Total number of dumps cleaned up
Neighborhood and Community Cleanups
9. 15 Total Number
Total Cleanup Quantity
10. 2,595 Cubic yards from all activities above (except A.)
Equipment Purchased
11. N/A Liner Receptacles
12. N/A O er (Specify)
Section V. Law Enforcement
A. Ordinances
Yes No
I. (x) ( ) Were ther~ any lima- conuol or recycling ordinances enamel this year?
If yes, cite the ~edinancets162591-9 Amending Chap._20, .and a~ttach.a copy(les),
......... -'"Solid l~aste," of the ~oanoKe ~oun~y coae oy
Enforccment Acfivity the addition of a new Article III, "Recycling,
by providing for certain recycling reports.
. (INSERT #)
2. 42
3. 3
Section VI. R clin
A.
Cimtionsissued (fines paid - no court appearances)
Coun convktions (2 juveniles ordered to perform community
service hours and 1 conviction for ille~a
dumping - fined.)
Recycling calculations are submitted to DWM on FORM RECYC-1; no further information
needed here.
Page 5 of 5
ACCOUNTING REPORT
GENERAL
Report expenses for the July 1 to June 30 budget period only using the following format.
The Chief Government Adminisuator (i.e. county administrator, city manager, town manager, or
clerk) must sign thc report, with rifle and date.
Item
Salary & Wages
Fringe Benefits
Office Supplies
Postage
Telephone
Program Materials (Specify):
Newsletter
School Program Supplies
Program Functions & Travel (Specie):
State Recy. Coordinator,s Conf.
Virginia Recycling Association
Equipment (Specify: Type and Purpose)
Other (Specify): Mileage/Park±ng
$ 16,464
$. 2,427
$ 200
$ 394
$ 400
$. 490
$ 200
$
$. 150
$ 150
$
$
$
$ 500
TOTALS $ 21t 375
UNSPENT BALANCE (to be carried over) $_ -0-
I certify that the information provided in the Performance and Accounting Report is accurate.
SIGNED (Chief AdminisWafive Officer)
July 8, 1992
Date
Executive Director
Title
DLCR- ! A
[FOR COOPERATIVE (MULTI-JURISDICTION) PROGRAMS ONLY]
APPLICATION AND CONTRACT FOR A
VIRGINIA L~TrER CONTROL AND RECYCLING GRANT
BE'IWCEEN
~-]~L~CA.LrrlJ:i$OF BOTETOURT COUNTY CITY OF ROANOKE, COUNTY OF ROANOKE,
TY OF SALEM AND TOWN OF VINTON
THECOORDINATINGAGENCY CLEAN VALLEY COUNCIL
THE VIRGINIA DEPARTMENT OF WASTE MANAGEMENT (VDWM)
GRANT PERIOD: JULY 1, 1992 TO JUNE 30, 1993
The Locality agrees to use these grant funds to perform the litter control and recycling activities listed
below:
Yes N.._Ro
(X) ( ) Planning & Organization
(X) ( ) Classroom Education
(X) ( ) Public Communications
(x) ( ) Law Enforcement
(X) ( ) Litter Cleanups
(z,) ( ) R~cycling
pRO~RAM RT J~MENTS
yes No
(x)
(x)
()
I certify that the above information is correct and agree
herein and in the Grant Guidelines (DLCR-2).
Signatam of Chief Adminisw~live Officer/Dam
( ) DWM's Adopt-a-$pot/$t~.~t
( ) Loca/ity's Own Adopt Program
(specify typ~)
Adopt-a- HIGHWAY
Adopt-a- PARK
( ) Other (specify)
to the emus and conditions contained
Funds have been approved and will be
forwa_,'ded within 30 days of receipt
of P & A Report for 1991-92.
Gl~Jfr AMOUNT
GRANT ~_
R. Allan I-~sitet, Ir., DWM/Date
DWM 5/92
LI'CI'ER CONTROL GRANT ~ ~w~a~--
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703) 981-2541
SANDILA H. EAKIN
Deputy City Clerk
July 29, 1992
File #178-236
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Ordinance No. 31126-072792 authorizing certain real estate
options to be entered into in connection with the Home Purchase Assistance Program
for real estate located at 614 Sixth Street, S. W., which is currently owned by Salem
Bank and Trust, and 706 Gilmer Avenue, N. W., which is currently owned by
Northwest Neighborhood Environmentai Organization, Inc., as more particularly set
forth in a report of the City Manager under date of July 27, 1992. Ordinance No.
31126-072792 was adopted by the Council of the City of Roanoke at a regular meeting
held on Monday, July 27, 1992.
MFP: sw
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
Enc.
Ms. Paulette Isherwood, Collection Manager, Salem Bank and Trust, N. A.
220 East Main Street, Salem, Virginia 24153 '
Ms. Florine Thornhill, President, Northwest Neighborhood Environmental
Organization, Inc., 802 Loudon Avenue, N. W., Roanoke, Virginia 24016
Mr. William F. Clark, Director, Public Works
Mr. Ronaid H. Miller, Building Commissioner]Zoning
Administrator
Mr. H. Daniel Poliock, Housing Development Coordinator
Ms. Marie T. Pontius, Grants Monitoring Administrator
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 27th day of Ju]y, 1992.
No. 31126-072792.
AN ORDINANCE authorizing certain real
entered into in Connection with the Home
Program; and providing for an emergency.
estate options to be
Purchase Assistance
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager be, and he is hereby authorized, for and
on behalf of the City, to execute a Real Estate Option on real
estate located at 614 Sixth Street, S.W., currently owned by Salem
Bank and Trust, as more particularly set out in an attachment to
the City Manager's report to Council dated July 27, 1992, a copy of
which is on file in the Office of the City Clerk, upon approval of
the form of the Option by the City Attorney, and upon such other
terms and conditions as are provided there~n.
2. The City Manager be, and he is hereby authorized, for and
on behalf of the City, to execute a Real Estate Option on real
estate located at 706 Gilmer Avenue, N.W., currently owned by
Northwest Neighborhood Environmental Organization, Inc., as more
particularly set out in an attachment to the City Manager's report
to Council dated July 27, 1992, a copy of which is on file in the
Office of the City Clerk, upon approval of the form of the Option
by the City Attorney, and upon such other terms and conditions as
are provided therein.
3. In order to provide for the usual daily operation of the
municipal government, an emergency is deemed to exist, and this
ordinance shall be in full force and effect upon its passage.
ATTEST:
City Clerk.
3uly 27, 1992
Honorable Mayor and Members of Council
Roanoke, Virginia
Dear Members of Council:
Subject:
I. Background:
Execution of Real Estate Options
at 61# Sixth Street SW and
706 Gilmer Avenue NW under the
Home Purchase Assistance Program
A. $220~000 from the Virginia Department of Housing and Communit Develo -
ment's Single Family Rehabilitation and Energ7 Conservation Loany PrograPm,
and $2t~0~000 in Community Development Block Grant (CDBG) funds were
allocated to the Home Purchase Assistance Program by City Council on
June 26, 1989, allowing the City to provide loans to low-moderate income
households agreeing to buy and repair approximately 18-20 certain ident-
ified substandard houses. The Program is administered jointly by the City
and the Roanoke Redevelopment and Housing Authority (RRHA), as outlined
in the City's current contract for services with RRHA.
B. Real Estate Options were selected as the best wa), to allow the City to
implement the Home Purchase Assistance Program. These Options define
the property owner's and the City's responsibilities under the Program,
establish a purchase price for the property, and allow the City to
access and market the property for sale to qualifying low and
moderate income purchasers in the Program through assignment of the
Real Estate Option. This provides for a direct sale of the property
from the current owner to the purchaser selected through the Program.
The City will not exercise any Option and will not actually purchase
any property in the Program. Should the City be unable to find a buyer
for the property, the Real Estate Option would be allowed to expire.
C. Council previousl), authorized the Cit), Manager to execute Options with
individual propert), owners of several properties to be included in the
Home Purchase Assistance Program.
II. Current Situation:
Real Estate Options have been executed b), the owners of vacant single
famil), homes, as outlined in Attachments A & B. Housing Development
staff has determined that the offered price is reasonable to allow
homes to be included in the Program.
Council authorization to the City Manager to execute Real Estate Option~.
(Attachments A dr ~) with the owners of the properties ~s necessary to
allow these properties to be marketed through the Program.
3uly 27, 1992
Page 2
III. Issues:
A. Cost to the City
B. Consistency with established housing plans and policies ot the City
C. Timing
IV. Alternatives:
A. Authorize the City Manager to execute Real Estate Options as outlined
in Attachments A & B~ to be approved as to form by the City Attorney,
with the owners of these properties selected for the Home Purchase
Assistance Program.
Cost to the City would be $1.00 per Option. Under separate sub-
sequent action, Council will be asked to approve assignment of
the Options to qualifying purchasers under the Program and
authorize loaning CDBG tunds allowing the purchase and rehabilitation
of the properties to occur.
Consistency with established housing plans and policies of the City
will be met as two additional home-ownership opportunities will be
provided to low-moderate income households. Owner occupancy and
rehabilitation of two additional vacant substandard houses will
provide significant contribution toward stabilization and rejuve-
nation within each neighborhood.
3. Timing is such that prompt execution of these Options will allow
immediate marketing of the houses.
15. Do not authorize the City Manager to execute Real Estate Options as
outlined in Attachments A & B~ to be approved as to form by the City
Attorney, with the owners of these properties selected for the Home
Purchase Assistance Program.
1. Cost of the City can be recognized as lost opportunity cost.
2. Consistency with established housing plans and policies of the City
will not be met as home-ownership opportunities will not be pro-
vided to low-moderate income households in the Southwest and
Northwest quadrants of the City.
3. Timing would not be an issue.
3uly 27, 1992
Page 3
V. Recommendation:
Adopt Alternative A, thereby authorizing the City Manager to execute
Real Estate Options as outlined in Attachments A & B, to be approved
as to form by the City Attorney, with the owners of these properties
selected for the Home Purchase Assistance Program.
Respectiully Submitted,
W. Robert Herbert
City Manager
WRH:BC
(CR.69.1,2,3)
CC:
City Attorney
Director of Finance
Director of Public Works
Building Commissioner
Housing Development Coordinator
Grants Monitoring Administrator
61# Sixth Street SW
Official Tax Map 111120315
OPTION PRICE
CITY ASSESSMENT House & Lot
ATTACHMENT A
$25,000.00
24,900.00
REAL ESTATE OPTION
THIS REAL ESTATE OPTION (hereinafter referred to as
"Option"), made this i2th day of _June , 1992, by and
between Salem Bank and Trust (hereinafter referred
to as "Grantor"), and the CITY OF ROANOKE, VIRGINIA (hereinafter
referred as "Grantee").
W IT N ESS ETH;
1. GRANT OF OPTION. For and in consideration of One
Dollars ($ 1.00 ), and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowled§ed, Grantor gives
and grants to Grantee, its successors and assigns, the exclusive,
assignable and irrevocable right and option to purchase the property,
more particularly described in Section No. 2 of this Option~ together
with all easements, rights and appurtenances attached thereto, and all
improvements thereon (hereinafter referred to as "Real Estate"). By
giving and granting this Option to Grantee, Grantor certifies that
Grantor, and only Grantor, owns the Real Estate in fee simple.
e
follows:
DESCRIPTION OF REAL ESTATE. The Real Estate is described as
61~ Sixth Street
A parcel in the City of Roanoke, Virginia,
City of Roanoke Official Tax No. 11203i),
consisting of approximately 0.1§5 acres,
more particularly described on the map
attached hereto, labeled Exhibit A, and
incorporated by reference herein~ together
with all easements, rights of way, water
rights, appurtenances and improvements
thereto belonging, the legal description
for which is N #5' Lot 1~$ Block ~ Lewis.
3, TERM OF OPT[ON.
the time of execution of this Option by Grantor and Grantee.
Option shall expire at 11:59 p.m., on September 30, 1992,
earlier exercised or terminated by Grantee.
This Option shall commence on the date and at
This
unless
q. EXERCISE OF OPTION. This Option shall be deemed validly
and effectively exercised if notice of the exercise hereof is either
sent by certified mail to Grantor at Salem Bank and Trust
220 East Main Street Salem Virginia 2q153, or delivered in person to
grantor, on or before the expiration date and time of this Option.
Notice of such exercise which is given by certified mail shall be deemed
effective when deposited in the mail as aforesaid. For the period that
this Option is effective~ neither Grantor nor Grantor's employees~
agents, tenants or representatives shall use or alter the Real Estate in
a manner which would adversely affect its use by Grantee, and Grantor
shall not sell, encumber, or otherwise transfer or dispose of the Real
Estate to any other party. The exercise of this Option shall result in
Grantor selling and conveying the Real Estate to Grantee, and Grantee
purchasing and accepting the Real Estate from Grantor, for the amount of
the Purchase Price, subject to the terms and conditions contained in
this Option. Grantee reserves for it and its successors and assigns
the right to terminate this Option at any time for cause or no cause
at all, either before or after the assignment of this Option.
5. FAILURE TO EXERCISE OPTION. If Grantee does not exercise
this Option, Grantor shall have no rights or claims against Grantee.
6. INSURANCE. Upon execution of this Option, Grantor shall
maintain general liability insurance on the real estate during the
- 2-
term of this Option, or any extension of said term, in an amount of
$300,000 , and shall supply Grantee with a Certificate of
Insurance, demonstrating that Grantee is a named insured on the policy
of general liability insurance.
7. RIGHT OF ENTRY AND MARKETING OF REAL ESTATE. After the
execution of this Option by Grantor and Grantee, and either before or
after the exercise of this Option by Grantee, Grantee, or its agents
or employees, may enter upon the Real Estate and perform all sur-
veying, engineering, soil borings, appraisals, estimates of repairs
and other tests and acts deemed necessary by Grantee to satisfy
Grantee that the Real Estate is suitable for the uses and purposes
intended by Grantee and is suitable for the Home Purchase Assistance
Program (hereinafter referred to as the "Program"). All such tests
and acts shall be performed at reasonable hours and at Grantee's cost
and expense. In addition, Grantee shall be entitled to publicize
the Real Estate for sale, endeavor to identify a purchaser for the
Real Estate, place a "For Sale" sign on the Real Estate, show the
property to prospective purchasers, and take other reasonable and
appropriate action deemed necessary by the Grantee to sell the Real
Estate. Under no circumstances shall this section create any rights
in the Grantor or impose any obligations upon the Grantee.
$. REAL ESTATE MAINTENANCE. Grantor shall maintain the Real
Estate and adjoining sidewalks and walkways in a safe and attractive
manner during the term of this Option, and in the event of the exer-
cise of this Option, until the date of closing.
- 3-
9. RISK OF LOSS. Grantor shall bear any risk of loss of the
Real Estate during the term of this Option, or, in the event of the
exercise of this Option, until the date of closing.
10. ASSIGNMENT. Grantee may assign this Option by written noti-
fication to Grantor. Grantor shall not assign this Option, unless
approved in writing by Grantee, and Grantee's approval of such an
assignment may be withheld for any reason or no reason at all. If
the Grantor assigns this Option, ali references in this Option to
the Grantor shall apply to the assignee. If the Grantee assigns this
Option, all references in this Option to the Grantee shah apply to
the assignee. In the event of an assignment by either the Grantor or
the Grantee, no claim may be asserted against the assignor based upon,
arising out of, or related to this Option.
11. PURCHASE PRICE. The purchase price for the Real Estate shall
be Twenty-Five Thousand and NO/100 DOLLARS ($25~000.00).
12. PAYMENT OF PURCHASE PRICE. The purchase price for the Real
Estate shall be payable at closing.
13. CLOSING. If this Option is exercised, closing of the sale
of the Real Estate shall be held within sixty (60) days of the date
on which Grantor receives notice of Grantee's exercise of this Option,
or as soon thereafter as may be practically possible. Closing shall
be held in Room 170~ Municipal Building, 215 Church Avenue, Roanoke,
Virginia, or at some other location selected by the City and mutually
satisfactory to the parties. At closing~ Grantor shall execute,
acknowledge, and deliver to Grantee, a genera] warranty deed,
with modern English covenants of title, in ~orm satisfactory and
acceptable to the Grantee, conveying the Real Estate to Grantee,
~ree and clear of ali liens, tenancies, encumbrances, material
de~ects, and exceptions, other than current taxes~ and any other
matters that may have been approved by Grantee in writing a~ter
examination o~ title. Said deed shall be prepared at Grantor's
expense. Grantor shall pay grantor's tax, and all documentary,
transfer, and excise taxes imposed upon that conveyance. Grantor
shall execute and deliver a non-foreign affidavit to Grantee at
closing in the ~orm required by Section 14#5 of the Internal Revenue
Codel otherwise, Grantee will withhold a portion o! the Purchase Price
and remit the same to the Internal Revenue Services ~or the account o~
Grantor as required by law. Grantor also shall execute, acknowledge,
and deliver any of the instruments, documents, and assurances required
or requested by Grantee or a title insurance company in order to con-
summate this transaction and effect the conveyance of the Real Estate
to Grantee as herein provided, inciuding~ without limitation, a ven-
dor's affidavit in ~orm satisfactory and acceptable to Grantee's coun-
sel. Possession o~ the Real Estate shall be delivered to Grantee at
the closing~ in the Same condition as it now is~ ordinary wear and
tear only excepted, ~ree and clear of the rights or claims of any
other party. Al! warranties and representations of Grantor~ and any
covenants and obligations of Grantor hereunder which remain unper-
formed upon closing~ shall survive the closing.
l~. GRANTEE UNABLE TO CLOSE SALF, The terms of this Option
notwithstanding, should Grantee be unable or unwilling for any reason
to close on the sale of the Real Estate, including being determined
ineligible for the Home Purchase Assistance Program by the Virginia
Housing Development Authority, after the exercise of this Option,
this Option shall terminate without any liability incurred by Grantee,
Grantee's assigns, successors, administrators, executors, officers,
agents, employees, or any and all of Grantee's predecessors in inte-
rest of this Option, if any.
15. GRANTOR UNABLE TO CLOSE SALF. If Grantor fails to close
on the sale of the Real Estate for any reason, Grantor shall pay
Grantee and its assigns, and all of Grantee's predecessors in inte-
rest of this Option, if any, all costs incurred, including costs
incurred in the arrangement of the rehabilitation and financing for
the sale of the Real Estate.
16. INDEMNITY. Grantor shall indemnify and hold Grantee,
its officers, agents, employees, successors, assigns, executors
and administrators, and any and all of Grantee's predecessors in
interest of this Option, if any, harmless from any and all claims,
damages, losses, expenses, costs and attorney fees, as a result
of, arising out of, or relating to the performance by Grantee under
this Option.
17. TAXES. At closing, Grantor shall be responsible for and
pay all real estate taxes upon the subject Real Estate to be pro-
rated as of the Date of Closing.
-6-
18. SUCCESSORS. The parties agree and fully understand
that this Option shall be binding upon the parties, their heirs,
successors, assigns~ executors and administrators.
19. ENTIRE AGREEMENT. This Option contains and constitutes
the entire agreement of the parties regarding the subject matter
hereof, and there are no other agreements, written or oral, between
the parties affecting the subject matter hereof. No amendment of
this Option shall be effective unless the same is made in writing and
signed by the parties hereto.
20. THIRD PARTY. This Option creates no rights in any party,
except Grantor and Grantee.
21. DETERMINATIONS~ FINDINGS AND CONCLUSIONS. All determina-
tions, findings and conclusions made by Grantee under this Option
shall be made in the sole and absolute discretion of Grantee~ and
Grantor shall have no rights, claims or causes of action against
Grantee~ its officers~ agents~ employees, successors, assigns~ exe-
cutors and administrators~ and any and all of Grantee's predecessors
in interest of this Option~ if any~ for Grantee's determinations~
findings and conclusions.
22. NOTICES. Notice of exercise of this Option shall be given
in the form attached as Exhibit B and in the manner set forth in ~this
Option. All other notices~ requests or other correspondence relating
to this Option shall be sent by certified mail~ postage prepaid~ by
each party to the other party hereto at the addresses specified below
or at such other address as a party may by written notice give as the
-7-
address to which such future notices, requests and correspondence
shall be sent hereunder:
GRANTOR: Salem Bank and Trust
220 East Main Street
Salem, VA 241_53
GRANTEE:
W. Robert Herbert, City Manager
City of Roanoke
364 Municipal Building
Roanoke, Virginia 24011
w/copy to: Ronald H. Miller, Building Commissioner/
Zoning Administrator, City of Roanoke
Room 170, Municipal Building
Roanoke, Virginia 24011
23. CONSTRUCTION. The interpretation, construction, and
performance of this Option shall be governed by the laws of the
Commonwealth of Virginia. All headings of sections of this Option
are inserted for convenience only, and do not form part of this Option
or limit, expand, or otherwise alter the meaning of any provisions
hereof. This Option shall be executed in duplicate, each of which
shall be deemed to be an original. This Option shall be construed
without regard to any presumption or rule requiring construction
against the party causing the Option to be drafted.
24. RECORDING. This Option shall be recorded in the land
records of the Office o! the Clerk o! the Circuit Court of the
City of Roanoke.
EXECUTED and DELIVERED by Grantor and accepted by Gran~tee as
of this 12th day of 3une , 1992 .
(SEAL)
(SEAL)
-8-
ATTEST:
GRANTEE:
CITY OF ROANOKE, VIRGINIA
Mary F. Parker, City Clerk
By
Robert Herbert, City Manager
COMMONWEALTH OF VIRGINIA
I hereby certify that the foreg..Oing Real Estate Option Affreement ·
was acknowledged before me by
/
My Commission expires:
Notary Public ~/~
COMMONWEALTH OF VIRGINIA
)
CITY OF ROANOKE )
To-wit:
I hereby certify that the foregoing Real Estate Option Agreement
was acknowledged before me by W. ROBERT HERBERT and MARY F. PARKER,
City Manager and City Clerk, respectively, of the CITY OF ROANOKE,
VIRGINIA, on behalf of that municipal corporation, this __ day of
, 1992.
My Commission expires:
Notary Public
-9-
APPRAISAL MA
CtTY OF ROAI4OKE..VA
3HE. ET No. 112.
EXERCISE OF OPTION
I or we the undersigned do hereby exercise the Option dated
, 1991, assigned to me or us by the City of Roanoke.
This Exercise of Option is done pursuant to the Agreement of Assign-
ment dated , 19__.
(SEAL)
(SEAL)
COMMONWEALTH OF VIRGINIA )
) To-wit:
CITY OF ROANOKE )
I hereby certify that
appeared before me and acknowledged the foregoing Exercise of Option
on this__ day of , 19__.
My Commission expires.'
Notary Public
1 of I EXHIBIT B
ATTACHMENT B
706 Gilmer Avenue NW *
Official Tax Map #2111608
OPTION PRICE
CITY ASSESSMENT House & Lot
$36,000.00
2~000.00
House recently has been remodeled and is ready for immediate
occupancy.
REAL ESTATE OPTION
THIS REAL ESTATE OPTION (hereinafter referred to as
"Option"), made this 1#th day of :July , 1992, by and
between Northwest Neighborhood Environmental Organization Inc. (hereinafter
referred to as "Grantor"), and the CITY OF ROANOKE, VIRGINIA (hereinafter
referred as "Grantee").
W I T N ESSE TH:
1. GRANT OF OPTION. For and in consideration of One
Dollars ($ 1.00 ), and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, Grantor gives
and grants to Grantee, its successors and assigns, the exclusive,
assignable and irrevocable right and option to purchase the property,
more particularly described in Section No. 2 of this Option, together
with all easements, rights and appurtenances attached thereto, and all
improvements thereon (hereinafter referred to as "Real Estate"). By
giving and granting this Option to Grantee, Grantor certifies that
Grantor, and only Grantor, owns the Real Estate in fee simple.
follows:
DESCRIPTION OF REAL ESTATE. The Real Estate is described as
706 Gilmer Avenue
A parcel in the City of Roanoke, Virginia)
City of Roanoke Official Tax No. 2111608,
consisting of approximately 0.13t~ acres,
more particularly described on the map
attached hereto, labeled Exhibit A, and
incorporated by reference herein, together
with all easements, rights of way, water
rights, appurtenances and improvements
thereto belonging, the legal description
for which is New Lot 7-A Block 31 R. F. & H.
3. TERM OF OPTION. This Option shall commence on the date and at
the time o;[ execution of this Option by Grantor and Grantee. This
Option shall expire at ll:~9 p.m., on October 31, 1992, unless
earlier exercised or terminated by Grantee.
4. EXERCISE OF OPTION. This Option shall be deemed validly
and effectively exercised if notice of the exercise hereof is either
sent by certified mail to Grantor at Northwest Neighborhood Environmental
Organization [nc. 802 Loudon Avenue NW Roanoke VA 2#016, or delivered in
person to grantor, on or before the expiration date and time of this
Option. Notice of such exercise which is given by certified mai] shall be
deemed effective when deposited in the mail as aforesaid. For the period
that this Option is effective, neither Grantor nor Grantor's employees,
agents, tenants or representatives shall use or alter the Real Estate in
a manner which would adversely affect its use by Grantee, and Grantor
shall not sell, encumber, or otherwise transfer or dispose of the Real
Estate to any other party. The exercise of this Option shall result in
Grantor selling and conveying the Real Estate to Grantee, and Grantee
purchasing and accepting the Real Estate from Grantor, for the amount of
the Purchase Price, subject to the terms and conditions contained in
this Option. Grantee reserves for it and its successors and assigns
the right to terminate this Option at any time for cause or no cause
at all, either before or after the assignment of this Option.
). FAILURE TO EXERCISE OPTION. If Grantee does not exercise
this Option, Grantor shall have no rights or claims against Grantee.
G. INSURANCE. Upon execution o! this Option, Grantor shall
maintain general liability insurance on the real estate during the
-2-
term of this Option, or any extension of said term, in an amount of
$~00;000 , and shall supply Grantee with a Certificate of
Insurance, demonstrating that Grantee is a named insured on the policy
of general liability insurance.
7. RIGHT OF ENTRY AND MARKETING OF REAL ESTATF. After the
execution of this Option by Grantor and Grantee, and either before or
after the exercise of this Option by Grantee, Grantee, or its agents
or employees, may enter upon the Real Estate and perform all sur-
veying, engineering, soil borings, appraisals, estimates of repairs
and other tests and acts deemed necessary by Grantee to satisfy
Grantee that the Real Estate is suitable for the uses and purposes
intended by Grantee and is suitable for the Home Purchase Assistance
Program (hereinafter referred to as the "Program"). All such tests
and acts shall be performed at reasonable hours and at Grantee's cost
and expense. In addition, Grantee shall be entitled to publicize
the Real Estate for sale, endeavor to identify a purchaser for the
Real Estate, place a "For Sale" sign on the Real Estate, show the
property to prospective purchasers, and take other reasonable and
appropriate action deemed necessary by the Grantee to sell the Real
Estate. Under no circumstances shall this section create any rights
in the Grantor or impose any obligations upon the Grantee.
8. REAL ESTATE MAINTENANCE. Grantor shall maintain the Real
Estate and adjoining sidewalks and walkways in a safe and attractive
manner during the term of this Option, and in the event of the exer-
cise of this Option, until the date of closing.
-3-
9. RISK OF LOSS. Grantor shall bear any risk of loss of the
Real Estate during the term of this Option, or, in the event of the
exercise of this Option, until the date of closing.
10. ASSIGNMENT. Grantee may assign this Option by written noti-
fication to Grantor. Grantor shall not assign this Option, unless
approved in writing by Grantee, and Grantee's approval of such an
assignment may be withheld for any reason or no reason at all. If
the Grantor assigns this Option, all references in this Option to
the Grantor shall apply to the assignee. If the Grantee assigns this
Option, all references in this Option to the Grantee shall apply to
the assignee. In the event of an assignment by either the Grantor or
the Grantee, no claim may be asserted against the assignor based upon,
arising out of, or related to this Option.
11. PURCHASE PRICE. The purchase price for the Real Estate shall
be Thirty-Six Thousand and NO/100 DOLLARS ($36~000.00).
12. PAYMENT OF PURCHASE PRICE. The purchase price for the Real
Estate shall be payable at closing.
13. CLOSING. If this Option is exercised, dosing of the sale
of the Real Estate shall be held within sixty (60) days of the date
on which Grantor receives notice of Grantee's exercise of this Option,
or as soon thereafter as may be practically possible. Closing shall
be held in Room 170, Municipal Building, 215 Church Avenue, Roanoke,
Virginia, or at some other location selected by the City and mutually
satisfactory to the parties. At closing, Grantor shall execute,
acknowledge, and deliver to Grantee, a general warranty deed,
with modern English covenants of title, in form satisfactory and
acceptable to the Grantee, conveying the Real Estate to Grantee,
free and clear of all liens, tenancies, encumbrances, material
defects, and exceptions, other than current taxes, and any other
matters that may have been approved by Grantee in writing after
examination of title. Said deed shall be prepared at Grantor's
expense. Grantor shall pay grantor's tax, and all documentary,
transfer, and excise taxes imposed upon that conveyance. Grantor
shall execute and deliver a non-foreign affidavit to Grantee at
closing in the form required by Section 1##5 of the Internal Revenue
Code; otherwise, Grantee will withhold a portion of the Purchase Price
and remit the same to the Internal Revenue Services for the account of
Grantor as required by law. Grantor also shall execute, acknowledge,
and deliver any of the instruments, documents, and assurances required
or requested by Grantee or a title insurance company in order to con-
summate this transaction and effect the conveyance of the Real Estate
to Grantee as herein provided, including, without limitation, a ven-
dor's affidavit in form satisfactory and acceptable to Grantee's coun-
sel. Possession of the Real Estate shall be delivered to Grantee at
the closing, in the same condition as it now is, ordinary wear and
tear only excepted, free and clear of the rights or claims of any
other party. All warranties and representations of Grantor, and any
covenants and obligations of Grantor hereunder which remain unper-
formed upon closing, shall survive the closing.
-5-
l#. GRANTEE LJNABLE TO CLOSE SALF. The terms of this Option
notwithstanding, should Grantee be unable or unwilling for any reason
to close on the sale ol the Real Estate, including being determined
ineligible for the Home Purchase Assistance Program by the Virginia
Housing Development Authority~ after the exercise of this Option~
this Option shall terminate without any liabil~ty incurred by Grantee,
Grantee's assigns, successors~ administrators, executors, officers~
agents, employees, or any and all of Grantee's predecessors in inte-
rest ol this Option, if any.
15. GRANTOR UNABLE TO CLOSE SALE. If Grantor falls to close
on the sale of the Rea] Estate for ar~y. reason, Grantor shall pay
Grantee and its assigns, and all of Grantee's predecessors in inte-
rest of this Option, il any, ail costs incurred, including costs
incurred in the arrangement of the rehabilitation and financing for
the sale ol the Real Estate.
16. INDEMNITY. Grantor shall indemnify and hold Grantee,
its officers~ agents~ employees, successors, assigns, executors
and administrators~ and any and all of Grantee's predecessors in
interest of this Optio% if any~ harmless from any and a11 claims,
darnages~ losses~ e×penses~ costs and attorney fees~ as a result
of~ arising out of, or relating to the performance by Grantee under
this Option.
i7. TAXES. At closing~ Grantor shall be responsible for and
pay ali real estate taxes upon the subject Real Estate to be pro-
rated as of the Date of Closin§.
- 6 -
lg. SUCCESSORS. The parties agree and fully understand
that this Option shall be binding upon the parties, their heirs,
successors, assigns, executors and administrators.
19. ENTIRE AGREEMENT. This Option contains and constitutes
the entire agreement of the parties regarding the subject matter
hereof, and there are no other agreements, written or oral, between
the parties affecting the subject matter hereof. No amendment of
this Option shall be effective unless the same is made in writing and
signed by the parties hereto.
20. THIRD PARTY. This Option creates no rights in any party,
except Grantor and Grantee.
21. DETERMINATIONS~ FINDINGS AND CONCLUSIONS. All determina-
tions, findings and conclusions made by Grantee under this Option
shall be made in the sole and absolute discretion of Grantee, and
Grantor shall have no rights, claims or causes of action against
Grantee, its officers, agents, employees, successors, assigns~ exe-
cutors and administrators~ and any and all of Grantee's predecessors
in interest of this Option, if any, for Granteets determinations,
findings and conclusions.
22. NOTICES. Notice of exercise of this Option shall be given
in the form attached as Exhibit B and in the manner set forth in this
Option. All other notices, requests or other correspondence relating
to this Option shall be sent by certified mail, postage prepaid, by
each party to the other party hereto at the addresses specified below
or at such other address as a party may by written notice give as the
- 7-
address to which such future notices, requests and correspondence
shall be sent hereunder:
GRANTOR:
Northwest Neighborhood Environmental
Organization [nc.
802 Loudon Avenue NW
Roanoke VA 20016
23.
GRANTEE:
w/copy to:
CONSTRUCTION.
W. Robert Herbert, City Manager
City of Roanoke
364 Municipal Building
Roanoke, Virginia 20011
Ronald H. Miller, Building Commissioner/
Zoning Administrator, City of Roanoke
Room 170, Municipal Building
Roanoke, Virginia 20011
The interpretation, construction, and
performance of this Option shall be governed by the laws of the
Commonwealth of Virginia. All headings of sections of this Option
are inserted for convenience only, and do not form part of this Option
or limit, expand, or otherwise alter the meaning of any provisions
hereof, lhis Option shall be executed in duplicate, each of which
shall be deemed to be an original. This Option shall be construed
without regard to any presumption or rule requiring construction
against the party causing the Option to be drafted.
24. RECORDING. This Option shall be recorded in the land
records of the Office of the Clerk of the Circuit Court of the
City of Roanoke.
7~E,¢ECUTED and DELIVERED by Grantor and accepted by Grantee as
of this -l-~th day of July , 1992 .
ATTEST:
GRANTEE:
CITY OF ROANOKE, VIRGINIA
Mary F. Parker, City CLerk
By
W. Robert Herbert, City Manager
COMMONWEALTH OF VIRGINIA
)
CITY OF ROANOKE )
To-wit:
I hereby certify that the foregoing Real Estate Option Agreement
was acknowledged before me by Florine Thornhill for Northwest
Neighborhood Environmental Or~anizat, ion Inc. , this lath
day Of 3uly , 1992.
My Commission expires: ../,~.~ ~2q /~ ~' 0
~ - Notary Public
COMMONWEALTH OF VIRGINIA
)
CITY OF ROANOKE )
To-wit:
I hereby certify that the foregoing Real Estate Option Agreement
was acknowledged before me by W. ROBERT HERBERT and MARY F. PARKER,
City Manager and City Clerk, respectively, of the CITY OF ROANOKE~
VIRGINIA, on behalf of that municipal corporation, this __ day of
, 1992.
My Commission expires:
Notary Public
-9-
l,
6)i
APPRAISAL MAP
CITY OF KOANOKF...
EXERCISE OF OPTION
I or we the undersigned do hereby exercise the Option dated
, 1991, assigned to me or us by the City of Roanoke,
This Exercise of Option is done pursuant to the Agreement of Assign-
ment dated , 19
(SEAL)
(SEAL)
COMMON~/EALTH OF VIRGINIA )
) To-wit:
CITY OF ROANOKE )
I hereby certify that
appeared before me and acknowledged the foregoing Exercise of Option
on this__ day of ~ 19 .
My Commission expires:
Notary Public
I oi I EXHIBIT B
MARY F. PARKER
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703) 981-2,541
SANDRA H. EAKIN
Deputy City Clerk
July 29, 1992
File #236-178-226
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Resolution No. 31128-072792 authorizing you to execute a
Grant Agreement with the Virginia Department of Housing and Community
Development in connection with a grant of funds under the Emergency Home Repair
Program; and further authorizing you to execute an agreement with Total Action
Against Poverty in Roanoke Valley, Inc., for cooperative administration of the
Emergency Home Repair Program, as more particularly set forth in a report of the
City Manager under date of July 27, 1992. Resolution No. 31128-072792 was adopted
by the Council of the City of Roanoke at a regular meeting held on Monday, July 27,
1992.
Sincerely, ~J?-a,L,_-,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
Eno.
pc:
Mr. Neal J. Barber, Director, Commonwealth of Virginia Department of
Housing and Community Development, Fourth Street Office Building,
205 North 4th Street, Richmond, Virginia 23219-1747
Mr. H. Wesley White, Acting 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, Grants Monitoring Administrator
MARY F. PARKER
City Clerk
CITY OF la IOKE
OFFICE OF THE ¥ CLERK
215 Church Avenue, -~ doom 456
Roanoke, Virginia 24011
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
July 29, 1992
File #236-178-226
Mr. Theodore J. Edlich, III
Executive Director
Total Action Against Poverty
in Roanoke, Valley, Inc.
P. O. Box 2868
Roanoke, Virginia 24011
Dear Mr. Edlich:
I am enclosing copy of Resolution No. 31128-072792 authorizing the City Manager to
execute a Grant Agreement with the Virginia Department of Housing and Community
Development in connection with a grant of funds under the Emergency Home Repair
Program; and further authorizing the City Manager to execute an agreement with
Total Action Against Poverty in Roanoke Valley, Inc., for cooperative administration
of the Emergency Home Repair Program, as more particularly set forth in a report
of the City Manager under date of July 27, 1992. Resolution No. 31128-072792 was
adopted by the Council of the City of Roanoke at a regular meeting held on Monday,
July 27, 1992.
Sincerely, /?.~/~_
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
Enc.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 27th day of July, 1992.
No. 31128-072792.
A RESOLUTION authorizing the City Manager or his designee to
execute a Grant Agreement with the Virginia Department of Housing
and Community Development in connection with a grant of funds under
the Emergency Home Repair Program; authorizing the City Manager or
his designee to execute an agreement with Total Action Against
Poverty in the Roanoke Valley, Inc., for the
administration of the Emergency Home Repair Program,
terms and conditions.
cooperative
upon certain
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City Manager or his designee is hereby authorized to
execute a Grant Agreement with the Virginia Department of Housing
and Community Development in connection with a grant of funds under
the Emergency Home Repair Program, as more particularly set forth
in the City Manager's report of July 27, 1992, to City Council.
2. The City Manager or his designee and the City Clerk are
hereby authorized to execute and to seal and attest, respectively,
an agreement with Total Action Against Poverty in the Roanoke
Valley, Inc., providing for the cooperative administration of the
Emergency Home Repair Program, as requested in the City Manager's
report of July 27, 1992, to City Council.
3. The form of the aforesaid agreement and contract shall be
approved by the City Attorney.
ATTEST:
City Clerk.
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 426
Roanoke, Virginia 24011
Telephone: (703) 981-2~1
July 29, 1992
D~uty City Clerk
File #60-178-236
Mr. Joel M. Schlanger
Director of Finance
Roanoke, Virginia
Dear Mr. Schlanger:
I am attaching copy of Ordinance No. 31127-072792 amending and reordaining certain
sections of the 1992-93 Grant Fund Appropriations, providing for appropriation of
$11,500.00, in connection with execution of a grant agreement with the Virginia
Department of Housing and Community Develpment for a grant of funds under the
Emergency Home Repair Program; and execution of an agreement with Total Action
Against Poverty in Roanoke Valley, Inc., for cooperative administration of the
Emergency Home Repair Program, as more particularly set forth in a report of the
City Manager under date of July 27, 1992. Ordinance No. 31127-072792 was adopted
by the Council of the C~ty of Roanoke at a regular meeting held on Monday, July 27,
1992.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
Eric.
pc:
Mr. H. Wesley White, Acting 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, 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
IN THE COUNCIL OF THE C~TY OF RO~NOKE~ VIR~N~
The 27th day of July, 1992.
No. 31127-072792.
AN ORDINANCE to amend and reordain certain sections of the
1992-93 Grant Fund ApPropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal
City of Roanoke, an emergency is declared to
Government of the
exist.
THEREFORE, BE IT ORDAINED by the Council of the City of
Roanoke that certain sections of the 1992-93 Grant Fund
Appropriations, be, and the same are hereby, amended and reordained
to read as follows, in part:
Community Development
Emergency Home Repair Grant FY93 (1-2) ............
Revenue
Community Development
Emergency Home Repair Grant FY93
(3-4) ............
1) Emergency Home
2) Energy Funds
3) State Revenue -
Emergency
4) State Revenue -
Energy
(035-052-5115-5168) $6,000
(035-052-5115-5194) 5,500
(035-035-1234-7121) 6,000
(035-035-1234-7122) 5,500
$ 797,421
11,500
$ 797,421
11,500
BE IT FURTHER ORDAINED that, an emergency existing, this
Ordinance shall be in effect from its passage.
ATTEST:
City Clerk.
Honorable Mayor and Members of Council .... '
Roanoke, Virginia
7
3uly 27, 1992
Dear Members of Council:
Subject: Execution of Agreements for State's Emergency Home Repair Program
h Background
The Virginia Housing Partnership Fund (VHPF) was established in 1988
by the State to improve housing conditions and opportunities for low
and very iow-income Virginians. The Virginia Department of Housing and
Community Development (DltCD) was designated to implement the various
programs financed by this important housing initiative.
Emergency Home Repair Program (EHRP) is one such program, which makes
funds available for emergency repairs, improvements for handicapped
accessibility, and certain emergency energy related repairs to rental
units occupied by low-income tenants.
Grant funds awarded by DHCD must be matched with at least an equal
amount in cash, in-kind services, labor, etc. from other sources.
As used in the City, the State funds are matched by the property
owner and by CDBG funds.
2. Each housing unit may receive a maximum of $1,000 in grant funds
from DHCD.
C. Emergency Home Repair Program has been operated by the City through
Total Action Against Poverty since 1989.
D. City Council endorsed application for a $15~000 grant award from DHCD
for the Program on April 27, 1992.
E. Matching funds have been set aside within the City CDBG-funded
Limited Critical Repair Program.
Ih Current Situation
A. DHCD has notified the City that its grant application has been approved
in the amount of $11,500 (Exhibit A).
Execution of the Grant Agreement with DHCD (Exhibit B) to receive the
funds ($11~500) and execution of a general contract with Total Action
Against Poverty (TAP) for administration of the Program (Exhibit C) are
necessary in order to continue the Program. According to the terms of
the general contract, TAP will:
1. assess tenant's income eligibility for the Program;
2. perform the repair work necessary to avoid condemnation of the unit;
3. perform Weatherization repairs to the unit where appropriate, from
TAP's ~¢eatherization Programl
receive a $300 administrative fee for each repair grant. This
fee will come from the $11,500 allocation of funds to the Program.
Additional administrative funds are not required.
3uly 27, 1992
Page 2
III. Issues
A. Consistency with established plans and policies o~ the City.
B. Cost to the City.
C. Efficient and timely administration of the Emergency Home Repair Program.
IV. Alternatives
Authorize the City Manager to execute grant agreement with DHCD to receive
$11,500 awarded to the City for the Emergency Home Repair Program
(Exhibit B), and authorize the City Manager to execute an agreement with
TAP for the cooperative administration ot the Emergency Home Repair Program
(Exhibit C), both agreements to be approved as to form by the City
Attorney. Appropriate $11,500 in State grant funds to accounts to
be established by the Director of Finance.
Consistency with established plans and policies of the City
would be met, through improvement and preservation of
existing rental housing stock. Serious health and safety
hazards in approximately 20 substandard rental units will be
corrected) preventing such units from being condemned and
displacing low-income tenants. Because property owners
must agree not to increase the rents for one year, low-income
tenants will not be displaced indirectly by increased rent
Cost to the City will be $19~012 in CDBG funds available in
CDBG accounts 035-090-9020-5168 ($17)08#) and 035-091-9120-5168
($1)92g).
Efficient and timely administration of the Emergency Home
Repair Program will be facilitated, since TAP is experienced in
assessing tenant income eligibility, providing Weatherization
improvements) and in cost-effective performance of repairs.
Repairs to substandard rental property in danger of
condemnation may be achieved within 7 to 10 days of initial
inspection.
Do not authorize the City Manager to execute Grant Agreement with DHCD
to receive $11,500 awarded to the City tot the Emergency Home Repair
Program, and do not authorize the City Manager to execute an agreement
with TAP for the cooperative administration of the Emergency Home Repair
Program.
3uly 27, 1992
Page 3
Consistency with established plans and policies of the City
would not be met. This funding would not be available to
correct serious health and safety hazards in approximately
20 substandard rental units occupied by low-income citizens.
Lack of limited repairs to serious deficiencies could cause
such units to be condemned and displace low-income tenants.
Deterioration of houses currently of marginal condition may
continue resulting in property condemnation and further
deterioration.
Consistency with the recommendations of the Housing Development
Strategic Plan Task Force Report and CHAS would not be met.
Cost to the City would be a loss of $11t500 awarded from DHCD
for Program use. Further, the costs of continued housing
deterioration and abandonment will continue to accrue.
Efficient and timely administration of the Emergency Home
Repair Program would be difficult to achieve without an
agreement with TAP to assess tenant eligibility and perform
repairs necessary to avoid condemnation of sustandard units.
Ability to make repairs quickly also would be dramatically
hindered.
V. Recommendation
Adopt Alternative A, and authorize the City Manager to execute Grant
Agreement with DHCD (Exhibit B) to receive $11,500 awarded to the City
for the Emergency Home Repair Program, and authorize the City Manager to
execute an agreement with TAP for the cooperative administration of the
Emergency Home Repair Program (Exhibit C), the agreements to be approved
as to form by the City Attorney. Appropriate $11,500 in State grant
funds to accounts to be established by the Director of Finance.
BC:rs
(CR.68,1,2,3)
Respectfully submitted,
W. Robert Herbert
City Manager
CC.*
City Attorney
Director of Finance
Director of Public Works
Building Commissioner
Housing Development Coordinator
Grants Monitoring Administrator
Executive Director, Total Action Against Poverty
P:x~ [BI'T A
COMMON%'EALTH of VIRGINIA
DEPARTMENT OF
HOUSING AND COMMUNITY DEVELOPMENT
June 1, 1992
Mr. W. Robert Herbert, City Manager
City of Roanoke
Municipal Building, Room 364
215 Church Avenue, S.W.
Roanoke, VA 24011:
Dear Mr. Herbert:
The ~partment of Housin- and Co----=
~ · . ~ ~un~u~ Development has
completed l=s review of applications for funding under the 1993
Emergency Bome Repair Program. On behalf of Governor L~ Douglas
Wilder, I am pleased to announce that the Commonwealth w111 offer
the CITY OF ROANOKEa grant in the amount of
accordance with the established program guidelines.
Included in the total award amount, ~O_Qhas been allocated
for general emergency repairs and accessibility improvements, and
$5500 has been made available specifically for energy-related
repairs. All state funds expended under this program will require
a dollar for dollar match on the local level.
Staff from the Division of Housing will contact you with
details regarding the execution of a Grant Agreement and all other
required forms and documentation pursuant to your award.
Congratulations on your receipt of this award, ~nd thank you
for your commitment to improving housing conditions in your area.
Sincerely,
Neal J. Barber
EHERGENCY HOME REPAZR PROGRAM
GRANT AGREEHENT
93-ER-31
This Grant Agreement is made by and between the Virginia
Department of Housing and Community Development (DHCD) on behalf of
the Commonwealth of Virginia and CITY OF ROANOKE the Certified
Local Administrator (CLA) approved to act as the local
administrator for the Emergency Home Repair Grant Program (EHRP)
and also referred to as the Grantee within this Agreement. The
Grant, which is the subject of this Agreement, is authorized by the
Governor of the Commonwealth under the Virginia Emergency Home
Repair Grant Program and is funded through an allocation from the
Commonwealth of Virginia for fiscal year 1992-93. The Program is
subject to the terms, guidelines and requirements set forth in the
Emergency Home Repair Program Application Manual, 1993, and the
laws of the Commonwealth, as now in effect and as may be amended
from time to time, which are incorporated by reference as part of
this Agreement.
Also incorporated as part of this Agreement is the application
including certifications, resolutions and agreements contained
therein.
The Department of Housing and Community Development agrees to
provide $6000 Grant Funds and $5500 Energy Funds to the Grantee for
program operation per the Emergency Home Repair Program
application, Grant Agreement, and associated documents.
Disbursement of funds shall be made to grant recipients, per
the schedule as described in the special conditions section of this
Agreement, after receipt and acceptance by DHCD, of the signed
Grant Agreement and Funds Disbursement Request forms.
The Grantee agrees that Emergency Home Repair grant funds will
be matched dollar for dollar through other program and in-kind
sources.
The Grantee further agrees to monitor, oversee and report on
the use of funds under this Agreement.
PRO~'ECT DESCR/PTZON/PERFORMANCE SCHEDULE AND 8PECIAL CONDITIg~J
I. Project Description/Performance Schedule (Approved
Activities):
Funds totalling $11,500 shall be used to pay material and
labor costs needed to make emergency repairs, as defined in
Section V of the Emergency Home Repair Program Application
Manual, and is limited to housing units occupied by lower-
income families or individuals meeting requirements set forth
in Section VII
II.
-2-
of the Emergency Home Repair Program Application Manual.
The Grantee service area is: Roanoke City
Reporting Requirements: Grant recipient shall submit quarterly
reports per the following schedule or until all funds have
been exhausted:
September 30, 1992
December 31, 1992
March 31, 1993
June 30, 1993
Reports are due on the lOth of the month immediately followin,,
the end of each =uarter. Failure to submit reports aj
required may result in denial of future fundina requests.
III. Special Conditions:
A. Disbursement/ExDenditure~
(a) Funds Disbursement:
1. Local Administrators may initially request 50%
of their Grant award for the EHRP (projects are to
begin within 30 days of the fund request).
2. Energy funds are to be requested in full on the
designated Fund Disbursement Request Form at the
same time the initial request is made for the Grant
funds.
A Marsh is required for the Energ~ funds. Use of
the Energy funds is limited to the following:
a. Roof (shingles and felt) repair and/or
replacement. Replacement is allowed when cost
of repair is equal or greater than the
replacement cost.
b. Heating system parts and/or components
repair and/or replacement. Replacement is
allowed when cost of repair is equal or
greater than the replacement cost.
3. The remaining 50% of the grant award may be
requested after expenditure of 90% of the original
disbursement exclusive of energy funds.
(b) Funds ExPenditure:
Emergency Home repair funds are to be utilized per
the following schedule:
20% expended by October 31, 1992
40% expended by December 31, 1992
60% expended by February 26, 1993
80% expended by April 30, 1993
100% expended by June 21, 1993
-3-
Failure to fulfill the funde ex~e~4iture schedule may resul~
in a deobli~ation of the unspent ~w~p f~4s for reallocation
*NOTE= Those Looal &dministratorn who were previous grantees shall
have expended X00% of their previous award(s) and have submitted
their final report(s) before any 1993 fund requests will be
processed.
B. ACCOUNTING RECORDS - The Grantee shall establish and
maintain separate accounts within its existing accounting
system or set up accounts independently. The Grantee shall
record in its accounting system all Grant payments received by
it pursuant to the Grant and all other match funds provided
for, accruing to, or otherwise received on account of the
Grant.
Ail costs, including paid services contributed by the Grantee
or others, charged to the Grant shall be supported by properly
executed payrolls, time records, invoices, contracts, or
vouchers evidencing in proper detail the nature and propriety
of the charges. All checks, payrolls, invoices, contract,
vouchers, orders, or other accounting documents pertaining in
whole or in part to the-Grant shall be clearly identified,
readily accessible, and separate and distinct from all other
such documents. Such documents shall reside at the offices of
the grantee.
C. MAINTENANCE OF RECORDS - The Grantee shall maintain such
records in such a manner as will be prescribed. Records shall
be readily accessible to the Department, HUD, appropriate
state agencies, and the general public during the course of
the project and shall remain intact and accessible for three
years thereafter. The exception is if any litigation claim or
audit is started before the expiration of the three year
period the records shall be retained until such action is
resolved.
D. COSTS INCURRED PRIOR TO GRANT AGREEMENT EXECUTION - No
costs incurred prior to the execution of the AGREEMENT shall
be eligible for reimbursement with Grant funds, unless
incurred costs are authorized in writing by the Department.
E. ~ - The Grantee shall hold the Commonwealth
of Virginia, the Department, its agents and employees harmless
from any and all claims and demands based upon or arising out
of any actions by the Grantee, its employees, agents or
contractors.
F. TERMINATION. SUSPENSION. CONDITION~ - If through any cause,
the Grantee fails to comply with the terms, conditions or
requirements of the CONTRACT DOCUMENTS, the Department may
terminate or suspend this AGREEMENT by giving WRITTEN NOTICE
of the same and specifying the effective date of termination
of suspension at least five (5) days prior to such action.
-4-
In the case of contract violations by the Grantee,
the Department may request that all or some of the grant
funds be returned even if the grantee has expended the
funds. The request will be made in writing. The grantee
agrees to return such funds as requested by the Depart-
ment within 15 days of receipt of the written request.
G. SUBSEOUENT CONTRACTS The Grantee shall remain fully
obligated under the provisions of the Grant Agreement
notwithstanding its designation of any subsequent or third
parties for the undertaking of all or part of the activities
for which the grant assistance is being provided to the
Grantee.
Any Grantee or Contractor or Subcontractor which is not the
APPLICANT shall comply with all the lawful requirements of the
APPLICANT necessary to insure that the PROJECT for which this
assistance is being provided under this AGREEMENT is carried
out in accordance with the APPLICANT'S Assurances and
Certifications.
IV.
Additional Assurances
A. Grantee will establish safeguards to prohibit employees
from using positions for a purpose that is or gives the
appearance of being motivated by a desire for private gain for
themselves or others, particularly those with whom they have
family, business, or other ties.
B. Grantee will give the Virginia Department of Housing and
Community Development, HUD, and the State Comptroller through
any authorized representatives access to and the right to
examine all records, books, papers, or documents related to
the grant.
date
VIRGINIA DEPARTMENT OF HOUSING
AND COMMUNITY DEVELOPMENT
By:
The Grant Agreement is hereby executed by the Parties on the
set forth below their respective signatures as follows:
Signature
Robert J. Adams
Name
CITY OF ROANOKE
Signature
Name
DeDutv Director
Title
Title
Date
Date
AGREEMENT
made this 20th day of 3uly, 1992,
between the Grantee:
City of Roanoke
215 Church Avenue, SW
Roanoke, VA 2#011
and the Subgrantee:
Total Action Against Poverty (TAP)
in the Roanoke Valley, Inc.
145 Campbell Avenue SW
Roanoke, VA 24011
Whereas, the City of Roanoke has received a grant from the Virginia
Department of Housing and Community Development in the amount of $11,500, under
the provisions of the Virginia Emergency Home Repair Program; and
Whereas, Roanoke City Council approved by Resolution No. 30508-051192 on May 11,
1992, the proposed FY 1992-93 budget for the Community Development Block Grant
(CDBG) Program, and the Statement of Community Development Objectives and
Projected Use of Funds, wherein $250,758 of CDBG funds will be allocated to the
Limited Critical Repair Program of which $19,012 targeted to the Emergency
Home Repair component is available for program use; and
Whereas, the Roanoke City Council on 3uly 27, 1992, reviewed and approved
by Resolution No. , the execution of a contract between the
City and Total Action Against Poverty (TAP) concerning operation of the
Emergency Home Repair Program; and
Whereas, TAP is experienced in providing services to and on behalf of
citizens of low and moderate income, including verifying general eligibility
of assistance programs, and in performing or arranging for the performance of
residential repair and rehabilitation and is the sole agency authorized to
administer the federally-funded Weatherization program in the City of Roanoke;
Now, therefore, the City and TAP do mutually agree as follows:
A. Budget: The total budget for this project will be $30,512. The City of
Roanoke will provide $19,012 in CDBG funds, to be matched with $11,500 from
the Virginia Department of Housing and Community Development's (DHCD)
Emergency Home Repair Program as follows:
City of Roanoke CDBG Funds $19,012
DHCD Emergency Home Repair Program Funds 11.500
TOTAL ~2
Community Development Block Grant funds and Virginia Department of Housing
and Community Development funds will be used only for eligible repairs to
rental units occupied by low-moderate income households in accordance with
the Virginia Department of Housing and Community Development's Emergency
Home Repair Program, and for payment of allowable administrative fees to
Total Action Against Poverty in the Roanoke Valley as in Section D,
Paragraph 3, infra.
B. Scope of Services: Utilizing funds as appropriated and made available
by the City, but not exceeding $30,512, and Weatherization funds as
available to TAP in the City from Virginia's Weatherization program,
available through the Virginia Department of Housing and Community
Development, TAP shall verify income of residents of certain rental
Page 2
properties identified jointly by TAP and the City, and shall provide
repair services to the owners of such property as authorized by the City
as provided in the program description (Attachment B).
C. Procedure:
In the course of its enforcement of the Building Maintenance Code,
the City may discover rental residential units, occupied by low-
moderate income household tenants, that have imminent health and safety
hazards or barriers to habitability. TAP may also discover such
units through its Weatherization Program and citizen inquiries.
For the purposes of the Emergency Home Repair Program and this
agreement, "low-moderate income household" is defined as a household
having income not exceeding 80% of the area median household income,
adjusted for household size as established by the U. S. Department of
Housing and Urban Development.
2. TAP in cooperation with Building and Health Inspectors of the
City shall:
a. Identify the repairs necessary in order to avoid condemnation
and an order to vacate the unit;
b. Contact the property-owner and obtain from him/her written
certification that:
1. he/she cannot afford to make repairs, at least without
rent increases;
2. agree not to increase the rent due to the repairs for one
year after repairs are made;
3. match CDBG funds in the Program, and further;
agree to pay the grant back to the City in the event that
the rent is increased due to the repairs for one year after
repairs are made.
3. TAP shall:
a. Verify the income eligibility of the tenants for this program
and its Weatherization program;
b. Verify the approximate cost of identified repairs;
Determine work eligible to be performed under terms of its
Weatherization program, if tenants meet income and all other
qualifications for that program;
d. Execute with the owner of the unit an Agreement (Attachment C) for
the work to be performed under the Emergency Home Repair Program;
e. Arrange for repairs to be made expeditiously, and in accordance
with all applicable Building Codes.
Page 3
Require any contractor for work performed pursuant to this Agreement
or any Agreement with a property-owner under the Emergency Home
Repair Program to hold TAP and the City of Roanoke, its officers,
agents and emp[yees harmless in any and ail damages, losses, expen-
ses, and claims that may arise by reason of any negligence on the
part of the subcontractor, its agents, or employees, or on the part
of any party with whom TAP enters into a contract for work performed
pursuant to this Agreement; and
Ensure that all contracts between TAP and any person or entity other
than the City of Roanoke shall include a provision that the City of
Roanoke is not obligated to any such person, entity or party other
than TAP, executing said contract.
D. Compensation and Methods of Payments:
Total Cost: The total of all payments from the City to TAP under
the terms of this contract shall not exceed $30,3t2, including
materials, expenses to TAP's subcontractors, building permits,
administrative cost, and any other allowable costs.
Subcontractors: TAP may use other private subcontractors to per-
form work elements TAP is not qualified or able to do, the cost to
be paid by the City under the terms of this contract to count
toward the $30,512 limit, with a limit of $2,500 per unit.
TAP shah obtain a minimum of two (2) competitive bids for each
contracted repair job unless waived by the City in the event of an
emergency, and will award the work to the lowest reputable bidder
able to perform within reasonable time.
Administrative Cost: TAP may charge an administrative fee to the
City, in addition to the direct charge of the contracted work per-
formed under this program. Such administrative fees shall not
exceed $300 per unit.
Submission of Invoices: Reimbursement of allowable expenses shall
be paid to TAP by the City within fifteen (15) working days from
receipt of the final invoice from TAP. Such final invoice may
not be submitted by TAP or accepted by the City before approved
final inspection by the City Building Department and acceptance of
the completed work by the Housing Development Office.
Time of Performance: The term of this agreement shall not extend
beyond the earliest of 3une 30, 1993; expenditure of all of the funds
allocated to the Program by the City; or cancellation by either party
as provided in Section P infra.
Compliance with Federal Regulations: The Subgrantee agrees to abide by
the HUD conditions for CDBG programs as set forth in Attachment A,
and all other applicable federal regulations relating to the specific
program performed hereunder.
Page
Conflict of Interest: No employee, agent, consultant, officer or
appointed official of TAP who is in a position to participate in a
decision-making process or gain inside information with regard to any
CDBG activities, may obtain a personal or financial interest in or
benefit from any of the activities, or have an interest in any
contract, subcontract or agreement with respect thereto, or in the
proceeds thereunder, either for themselves, their family or business
associates, during their tenure or for one (1) year thereafter,
Hold Harmless Agreement: TAP shall hold the City, its officers,
agents, and employees harmless from any and all damages, losses,
expenses and claims that may arise by reason of any act or omission
on the part of TAP, its agents or employees, or on the part of any
party with whom TAP enters into a contract for work performed pursuant
to this Agreement.
TAP shall require any such subcontractor to hold TAP and the City,
its officers, agents, and employees harmless from any and all damages,
losses, expenses and claims that may arise by reason of any negligence
on the part of the subcontractor, its agents or employees, or on the
part of any party with whom TAP enters into a contract for work
performed pursuant to this Agreement.
Liability Insurance Coverage: TAP is required to provide comprehensive
liability insurance coverage to protect TAP, the City, the City's
officers, agents and employees and the homeowner for not less than
$500,000.00 for bodily injury, including accidental death, to any one
person and not less than $1,000,000.00 on account of any one
occurrence. TAP will also provide property damage insurance in an
amount not less than $100,000.00 per occurrence and $200,000.00 per
aggregate. TAP shall also provide workmen's compensation insurance as
required by the Workmen's Compensation Law of Virginia. TAP shall
furnish evidence of its insurance coverage to the City.
TAP will also require all subcontractors to carry comprehensive liability
insurance for the protection of the parties, naming said parties as named
insureds, and in the amounts of not less than $250,000.00 in the event
of bodily injury including death and $50,000.00 in the event of
property damage. TAP shall also require all subcontractors to carry
workmen's compensation insurance as required by the Workmen's Compensation
Law of Virginia.
The amount of such insurance shall not be construed as a limit upon
the obligation of TAP, a subcontractor of TAP's or on the part of any
party with whom TAP contracts for work performed pursuant to this
Agreement. Therefore, TAP's coverage should provide for all liability
assumed by TAP under this Agreement.
Uniform Administrative Requirements: The subgrantee shall comply with
the requirements and standards of OMB Circular No. A-122, "Cost
Principles for Non Profit Organizations: and with the following
Attachments to OMB Circular No. A-Il0, if applicable: Attachment A,
Page
"Cash Depositories"; Attachment B, "Bonding and Insurance"; Attachment
C, "Rentention and Custodial Requirements for Records", Attachment F,
"Standards for Financial Systems"; Attachment H, "Monitoring and
Reporting Program Performance," paragraph 2; Attachment N, "Property
Management Standards"; and Attachment O, "Procurement".
Program income: "Program income" means gross income received by the
Grantee or Subgrantee directly generated from the use of CDBG funds.
Program income from any and all sources shall be submitted to the City
within five (5) workin§ days of its receipt by the Subgrantee. Program
income does not include funds provided by property owners as a match
for the rehabilitation grant.
L. Records and Reports: The Subgrantee shall maintain full and accurate
records with respect to all matters covered under this Agreement. Ali
records pertaining to this Agreement and the services performed put-
suant to it~ shall be retained for a period of three (3) years after
the expiration date of this Agreement or its amendments. Appropriate
City, State, and/or HUD personnel shall have free access to those records
during the Agreement duration and the following three-year time period.
The Subgrantee shall submit a report each quarter to the Grantee's
Office of Grants Compliance, with a copy to the Housing Development
Office. Such reports shall consist of an accounting of funds committed
and expended from each funding source for the period, and a report on
families and persons benefiting from the grants. Format of reports
will be mutually agreed upon by Grantee and Subgrantee.
M. Reversion of Assets: Upon expiration of this Agreement, or amendments
thereto, the Subgrantee shall transfer to the City any CDBG funds or
program income on hand at the time of expiration and any accounts
receivable attributable to the use of CDI~G funds.
Annual Audit and Monitoring: The 5ubgrantee shall provide for an
annual independent audit of all CDBG expenditures covered by the
Agreement. Copies of said audit report shall be furnished to the
Grantee's City Manager and Director of Finance within thirty (30) days
of completion of the audit.
Third Party Contracts: The City shall not be obligated or liable
hereunder to any party other than TAP. A11 contracts between TAP and a
third party shall include a provision that the City is not obligated or
liable thereon to any party other than TAP.
Cancellation Clause: In the event either party should fail to carry
out the provisions and intentions of this Agreement and its attach-
ments, the other party may~ by a written ten (10) day notice, cause
this contract to be cancelled. Likewise, should either party determine
that it cannot successfully carry out its portion of the program, the
Agreement may be cancelled with a written ten (10) day notice to the
other party. Such notices shall be either delivered by hand or mailed
to the parties as follows:
Page 6
1. In the case of the City, be addressed or delivered to the:
City Manager
215 Church Avenue SW
Roanoke, VA 2~011
In the case of TAP, be addressed to or delivered to the:
Executive Director
P. O. Box 2868
Roanoke, VA 2~001
In the event of such cancellation, projects underway or for which TAP
has made commitments to subcontractors will be completed by TAP as
otherwise provided in this Agreement.
Q. 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.
In Witness Whereof, the City and '~AP have executed this Agreement as of
the date first above written.
City of Roanoke
Attest
W. Robert Herbert
City Manager
Total Action Against Poverty in the
Roanoke Valley~ Inc.
Attest
Theodore 3. Edlich, III
Executive Director
Director of Finance
Date
Appropriation and Funds Required
for this Contract Certified
ACCT#
Approved as to CDBG Eligibility
Approved as to Form
Assistant City Attorney
Approved as to Execution
Assistant City Attorney
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
SPECIAL TERMS AND CONDITIONS
ATTACHMENT A
page 1
"Section 3' Compliance in the Provision of Training. Employment and Busin~i-
Opportunities:
The work to be performed under this contract is on a project assisted
under a program providing direct Federal financial assistance from the
Department of Housing and Urban Development and is subject to the
requirements of Section 3 of the Housing and Urban Development Act of
1968, as amended, 12 U.S.C. 170. Section 3 requires that to the
greatest extent feasible opportunities for training and employment be
given lower income residents of the project area and contracts for work
in connection with the project be awarded to business concerns which
are located in, or owned in substantial part by persons residing in the
area of the project.
The parties to this contract will comply with the provisions of said
Section 3 and the regulations issued pursuant thereto by the Secretary
of Housing and Urban Development set forth in 24 CFR 135, and all
applicable rules and orders of the Department issued thereunder prior
to the execution of this contract. The parties to this contract
certify and agree that they are under no contractual or other
disability which would prevent them from complying with these
requirements.
The contractor will send to each labor organization or representative
of workers with which he has a collective bargaining agreement or other
contract or understanding, if any, a notice advising the said labor
organization or workers' representative of his commitments under this
Section 3 clause and shall post copies of the notice in conspicuous
places available to employees and applicants for employment or
training.
The contractor will include this Section 3 clause in every subcontract
for work in connection with the project and will, at the direction of
the applicant for or recipient of Federal financial assistance, take
appropriate action pursuant to the subcontract upon a finding that the
subcontractor is in violation of regulations issued by the Secretary of
Housing and Urban Development 24 CFR Part 135. The contractor will not
subcontract with any subcontractor where it has notice or knowledge
that the latter has been found in violation of regulations under 24 CFR
part 135 and will not let any subcontract unless the subcontractor has
first provided it with a preliminary statement of ability to comply
with the requirements of these regulations.
Compliance with the provisions of Section 3, the regulations set forth
in 24 CFR Part 135, and all applicable rules and orders of the
Department issued hereunder prior to the execution of the contract,
shall be a condition of the federal financial assistance provided to
the project, binding upon the applicant or recipient for such
ATTACHMENT A
page 2
assistance, its successor and assigns. Failure to fulfill these
requirements shall subject the applicant or recipient, its contractors
and subcontractors, its successors and assigns to those sanctions
specified by the grant or loan agreement or contract through which
Federal assistance is provided, and to such sanctions as are specified
by 24 CFR Part 135.
Equal Employment Opportunity: Contracts subject to Executive Order 11246,
amended: Such contracts shall be subject to HUD Equal Employment
Opportunity regulations at 24 CFR Part 130 applicable to HUD-assisted
construction contracts.
The Contractor shall cause or require to be inserted in full in any non-
exempt contract and subcontract for construction work, or modification
thereof as defined in said regulations, which is paid for in whole or in
part with assistance provided under this Agreement, the following equal
opportunity clause: "During the performance of this contract, the
contractor agrees as follows:
Bo
as
The contractor will not discriminate against any employee or applicant
for employment because of race, color, religion, sex or national
origin. The contractor wilt take affirmative action to ensure that
applicants are employed and that employees are treated during
employment without regard to their race, color, religion, sex or
national origin. Such action shall include, but not be limited to, the
following: employment, upgrading, demotion or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including
apprenticeship. The contractor agrees to post in conspicuous places
available to employees and applicants for employment, notices to be
provided by the contracting officer setting forth the provisions of
this nondiscrimination clause.
The contractor will, in all solicitations or advertisements for
employees placed by or on behalf of the contractor, state that all
qualified applicants will receive consideration for employment without
regard to race, color, religion, sex or national origin.
The contractor will send to each labor union or representative of
workers with which he has a collective bargaining agreement or other
contract or understanding, a notice to be provided by the Contract
Compliance Officer advising the said labor union or workers'
representatives of the contractor's commitment under this section and
shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
The contractor will comply with all provisions of Executive Order 11246
of September 24, lg65, and of the rules, regulations and relevant
orders of the Secretary of Labor.
The contractor will furnish all information and reports required by
Executive Order 11246 of September 24, 1965, and by the rules,
regulations and orders of the Secretary of Labor, or pursuant thereto,
and will permit access to his books, records and accounts by the
ATTACHMENT A
page 3
Ge
Department and the Secretary of Labor for purposes of investigation to
ascertain compliance with such rules, regulations and orders.
In the event of the contractor's noncompliance with the
nondiscrimination clauses of this contract or with any of such rules,
regulations or orders, this contract may be canceled, terminated or
suspended in whole or in part, and the contractor may be declared
ineligible for further Government contracts or Federally-assisted
construction contract procedures authorized in Executive Order 11246 of
September 24, 1965, or by rule, regulation or order of the Secretary of
Labor, or as otherwise provided by law.
The contractor will include the portion of the sentence immediately
preceding paragraph {A} and the provisions of paragraphs (Al through
(G} in every subcontract or purchase order unless exempted by rules,
regulations or orders of the Secretary of Labor issued pursuant to
Section 204 of Executive Order 11246 of September 24, 1965, so that
such provisions will be binding upon each subcontractor or vendor. The
contractor will take such action with respect to any subcontract or
purchase order as the Department may direct as a means of enforcing
such provisions, including sanctions for noncompliance; provided,
however, that in the event a contractor becomes involved in or is
threatened with litigation with a subcontractor or vendor as a result
of such direction by the Department, the contractor may request the
United States to enter into such litigation to protect the interest of
the United States."
The Contractor further agrees that it will be bound by the above equal
opportunity clause with respect to its own employment practices when it
participates in Federally-assisted construction work; provided, that if the
Contractor so participating is a State or local government, the above equal
opportunity clause is not applicable to any agency, instrumentality or
subdivision of such government which does not participate in work on or
under the contract. The Contractor agrees that it will assist and cooperate
actively with the Department and the Secretary of Labor in obtaining the
compliance of contractors and subcontractors with the equal opportunity
clause and the rules, regulations and relevant orders of the Secretary of
Labor; that it will furnish the Department and the Secretary of Labor such
compliance; and that it will otherwise assist the Department in the
discharge of its primary responsibility for securing compliance.
The Contractor further agrees that it will refrain from entering into any
contract or contract modification subject to Executive Order 11246 of
September 24, 1965, with a contractor debarred from, or who has not
demonstrated eligibility for Government contracts and Federally-assisted
construction contracts pursuant to the Executive Order and will carry out
such sanctions and penalties for violation of the equal opportunity clause
as may be imposed upon contractors and subcontractors by the Department or
the Secretary of Labor pursuant to Part II, Subpart D, of the Executive
Order. In addition, the Contractor agrees that if it fails or refuses to
comply with these undertakings, the Department may take any or all of the
following actions: cancel, terminate or suspend in whole or in part the
grant or loan guarantee; refrain from extending any further assistance to
the Contractor under the Program with respect to which the failure or
ATTACHMENT A
page 4
refusal occurred until satisfactory assurance of future compliance has been
received from such Contractor; and refer the cause to the Department of
Justice for appropriate legal proceedings.
3. Nondiscrimination Under Title VI of the Civil Rights Act of 1964: This
Agreement is subject to the requirements of Title VI of the Civil Rights Act
of 1964 {P.L. 88-352) and HUD regulations with respect thereto, including
the regulations under 24 CFR Part 1. In the sale, lease or other transfer
of land acquired, cleared or improved with assistance provided under this
Agreement, the Contractor shall cause or require a covenant running with the
land to be inserted in the deed or lease for such transfer, prohibiting
discrimination upon the basis or race, color, religion, sex or national
origin, in the sale, lease or rental, or in the use of occupancy of such
land or any improvements erected or to be erected thereon, and providing
that the Contractor and the United States are beneficiaries of and entitled
to enforce such covenant. The Contractor, in undertaking its obligation in
carrying out the program assisted hereunder, agrees to take such measures as
are necessary to enforce such covenant and will not itself so discriminate.
4. Obligations of Contractor with ;--peet to Certain Third-party Relationships
The Contractor shall remain fully obligated under the provisions of the
Agreement, notwithstanding its designation of any third party or parties for
the undertaking of all or any part of the program with respect to which
assistance is being provided under this Agreement to the Contractor. Any
Contractor which is not the Applicant shall comply with all lawful
requirements of the Applicant necessary to insure that the program, with
respect to which assistance is being provided under this Agreement to the
Contractor is carried out in accordance with the Applicant's Assurances and
certifications, including those with respect to the assumption of
environmental responsibilities of the Applicant under Section 104{h) of the
Housing and Community Development Act of 1974.
Interest of Certain Federal Officials- No member of or delegate to the
Congress of the United States, and no Resident Commissioner, shall be
admitted to any share or part of this Agreement or to any benefit to arise
from the same.
Interest of ~ers, ~ftcers or ~lo~ees of Contractor, '--~rs of Local
Gove~rint ~, or ~er Public ~ficials- No member, officer or employee
of the Contractor, or its designees or agents, no member of the governing
body of the locality in which the program is situated, and no other public
official of such locality or localities who exercises any functions or
responsibilities with respect to the program during his tenure, or for one
(1) year thereafter, shall have any interest, direct or indirect, in any
contract or subcontract, or the proceeds thereof, for work to be performed
in connection with the program assisted under the Agreement. The Contractor
shall incorporate, or cause to be incorporated, in all such contracts or
subcontracts a provision prohibiting such interest pursuant to the purposes
of this section.
Prohibition Against P~ts of ~nus or ~-----;ssion The assistance provided
under this Agreement shall not be used in the payment of any bonus or
commission for the purpose of obtaining HUD approval of the application for
such assistance, or HUD approval or applications for additional assistance,
10.
11.
ATTACHMENT A
page S
or any other approval or concurrence of HUD required under this Agreement,
Title I of the Housing and Community Development Act of 1974, or HUD
regulations with respect thereto; provided, however, that reasonable fees or
bona fide technical, consultant, managerial or other such services, other
than actual solicitation, are not hereby prohibited if otherwise eligible as
program costs.
"Section log': This Agreement is subject to the requirements of Section 109
of the Housing and Community Development Act of 1974, 42 U.S.C. 3535(d). No
person in the United States shall on the ground of race, color, religion,
sex or national origin be excluded from participation in, be denied the
benefits of, or be subjected to discrimination under any program or activity
funded in whole or in part with funds available under this title.
Access to Records and Site of Employment- This Agreement is subject to the
requirements of Executive Order 112¢6, Executive Order 1375, Civil Rights
Act of 1964, as amended. Access shall be permitted during normal business
hours to the premises for the purpose of conducting on-site compliance
reviews and inspecting and copying such books, records, accounts, and other
material as may be relevant to the matter under investigation and pertinent
to compliance with the Order, and the rules and regulations promulgated
pursuant thereto by the Contractor. Information obtained in this manner
shall be used only in connection with the administration of the Order, the
administration of the Civil Rights Act of 1964 (as amended) and in
furtherance of the purpose of the Order and that Act.
Records: All records pertaining to this Agreement and the services
performed pursuant to it, shall be retained for a period of three (3} years
after the expiration date of the Agreement. Appropriate City and/or HUD
personnel shall have free access to those records during the Agreement
duration and the following three-year time period.
Termination for Convenience or for C~u~e- This Agreement may be terminated
by either the City or the Contractor in the event of a substantial failure
to perform by either party. In the event of such termination, the
Contractor shall be entitled to collect all sums for services performed as
of the date of termination. This Agreement may be terminated for
convenience in whole or in part by the City with the consent of the
Contractor, in which case the two parties shall agree upon the termination
conditions, including the effective date and in the case of partial
termination, the portion to be terminated.
12.
Legal R~tes for Contrmct Vtoletion: Xf the Contractor materially fails
to comply with any term of this Agreement, whether stated in a Federal
statute or regulation, an assurance, in a State plan or application, a
notice of award, or elsewhere, the City may take one or more of the
following action, as appropriate in the circumstances:
1) Temporarily withhold cash payments pending correction of the deficiency
by the Contractor,
2) Disallow all or part of the cost of the activity or action not in
compliance,
3) Wholly or partly suspend or terminate the current Agreement, or
4) Take other remedies that may be legally available.
E:ATTACHMT.PRO 10/I/91
Attachment B
EMERGENCY HOME REPAIR PROGRAM DESCRIPTION:
Emergency Home Repair Program (EHRP) will be administered by Total Action
Against Poverty in the Roanoke Valley, Inc. (TAP). The general intent of EHRP
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
handicapped-accessible for existing occupants are also eligible.
Basic Eligibility -- Low-moderate income tenants in rental units with
serious health or safety deficiencies for which the unit may be or
become condemnable, and low-moderate income handicapped persons
occupying rental units in need of handicapped accessibility repairs
or improvements. As a condition of funding of repairs under EHRP,
the owner must agree to not increase the rent charged to the tenant
because of the public subsidy for at least one year, and except in
exceptional cases must provide matching funds for the repairs.
Form of Subsidy -- EHRP 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. Additionally, matching funds are supplied by the
property owners, and possibly from other sources (i.e. Center for
Independence for the Disabled, Department of Rehabilitative Services,
TAP's Weatherization Program, etc.).
Both types of public funds are in the form of grants. Funds from the
VHPF will be administered in accordance with the program manual pro-
vided by DHCD. VHPF funds may not exceed $1000, and may only be used
for used for very low-income households (income _~50% of area median
income). CDBG funds may be used for eligible 16~-moderate income
households ~_~80% of median income). The combined total of VHPF and
CDBG funds may not exceed $2,500 per unit. Those funds require
matching funds from other sources, either CDBG or from the owner. The
property owner is expected to match grant funds dollar for dollar.
However, upon the discretion of the Housing Development Office, owner-
match requirement may be reduced or waived.
Application and Selection -- Potential candidate tenants or units typi-
cally will be discovered from complaints, code enforcement inspections,
and inquiries to TAP. The intent is to address units that are condem-
nable 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 rental units occupied by low-moderate income
handicapped persons in need of such repairs or improvements.
Candidates will be referred to TAP for investigation of eligibility and
expected cost of repairs. TAP will work in coniunction with inspectors
of the Building Department and/or the Health Department in identifying
necessary repairs.
Page 2
Upon verifying the tenant's eligibility~ TAP will contact the property
owner to seek and obtain approval for the repairs and the owner*s
contribution 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 recom-
mend to the Housing Development Office that the requirement be modified.
Upon negotiation and agreement by 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 the repairs, to the match, and
to not increase the rent or evict the tenant based on the funds for the
repairs or improvements from the VHPF and CDBG.
Construction -- TAP will be responsible for having the necessary work
performed, either using their own personnel or subcontracting to
others. IAP will also be responsible for obtaining all necessary
building permits.
Upon completion of the work, TAP will have the Building Department
inspect the work to insure Building Code requirements are met, and
verify adequacy ol the work to avoid condemnation. Upon approval of
the work by the Building Department, TAP will submit an invoice to the
Housing Development Office for payment, in accordance with the contract
with TAP for administration of this activity.
PROGRAM FUNDING:
The Emergency Home Repair Program is funded in Fiscal Year 1992-93 at $30,512
as part of the Limited Critical Home Repair Program, as follows:
Emergency Home Repair Program
$19,012 CDBG
11~500 VHPF
TOTAL FUNDS $30,512
Made this
day of
A£tach~nt C
AGREEMENT
, 19
Between TAP:
and the Owner:
Total Action Against Poverty in
the Roanoke Valley, Incorporated
145 Campbell Avenue SW
Roanoke, Virginia 24011
Concerning a certain rental property (Hereinafter the "Property") in the
City of Roanoke, identified as Official Tax Map Number , described as
, located at
~HEREAS, the Owner hereby certifies he/she/they own the Property and rent it
for residential use; and
WHEREAS, the Property has been inspected and is determined to be in
noncompliance with the Building Maintenance Code, or having need of handicap
accessibility improvements due to handicapped individuals occupying the property.
WHEREAS, TAP has determined that the current tenants of the property have
incomes not exceeding 80% of the median family income for the Roanoke areal and
WHEREAS, the Owner certifies he/she/they cannot afford to make the necessary
repairs without increasing rents charged to the current tenants; and
WHEREAS, the City of Roanoke is willing to pay up to $2,500.00 under the
Emergency Home Repair Program to make necessary repairs to the property, if the
Owner agrees to certain conditions;
THEREFORE, the parties to the Agreement do mutually agree as follows:
RESPONSIBILITIES OF TAP
I. As a licensed contractor~ TAP will perform or arrange to have performed the
following repairs:
at a total cost of ($ ).
TAP will insure that all applicable building permits are obtained for the work
to be performed.
2. TAP agrees to complete the repairs within__ days of the execution of
this Agreement by all parties. Upon completion, TAP will notify the City Building
Department and the Owner.
Page 2
II. RESPONSIBILITIES OF THE OWNER
As party to this Agreement, the Owner authorizes TAP and its subcontractors
to make repairs and improvements as identified in Section I, and to provide
TAP and its subcontractors access to the property at reasonable times for
the purposes of performing the repair work, and provide the City of Roanoke
access for inspection of work after completion.
In addition, owne~$agrees to pay
) to be paid to TAP by owner upon owner's execution of
this agreement, said payment being the Owner's cost of repairs to the Property.
In consideration for the work performed by TAP as identified in Section I, the
Owner agrees to refrain from any rent increases on the Property due to the
repair work for a period of one year from the date of the completion of the work
as certified by TAP. The Owner agrees to provide TAP with a copy of the Lease
Agreement between the Owner and the tenant occupying the Property which shah
not expire before Further, the Owner agrees not to evict or
otherwise request the tenant to leave the property for a period of one year
from the date of completion of the work, providing the tenant complies with all
his/her obligations and responsibilities under the Lease Agreement with the
Owner.
The Owner agrees to execute a promissory note to the City of Roanoke, as provider
of funds to TAP for payment of the cost of repairs not paid by the Owner, in the
amount of (S ),
for repayment to the City of Roanoke in the event of the Owner's noncompliance
with any one of these provisions.
III. HOLD HARMLESS AGREEMENT
The Owner and TAP shall hold the City of Roanoke, its officers, agents, and
employees harmless from any and ali damages, losses, expenses, and claims that
may arise by reason of any act or omission on the part of TAP, the City, its
agents or employees, arising out of or otherwise related to the rehabilitation
of the property subject to this Agreement, or on the part of any party with
whom TAP enters into a contract for work performed pursuant to this Agreement.
TAP shall require any such contractor to hold TAP and the City of Roanoke, its
officers, agents and employees harmless in any and all damages, losses, expen-
ses, and claims that may arise by reason of any negligence on the part of the
subcontractor, its agents, or employees, or on the part of any party with whom
TAP enters into a contract for work performed persuant to this Agreement.
IV. THIRD PARTY CONTRACTS
The City shall not be obligated or liable to any party executing this
Agreement, other than TAP, as set forth in the Agreement dated
September 9, 1991.
PRO~I$$OR y NOTF
FOR VALUE RECEIVED, the undersigned promises to pay to the CITY OF ROANOKE,
VIRGINIA, on order, at [ts mumcJpal offices *n the sa~d City, the principal sum
of
($ ) without interest. If ~ DOLLARS
terms ancl conditions contained m Section s w~th all o~ the
[1 o~ me a~reement Between TOTAL
ACTION AGAINST PDVERTY an~ the unders~Bned, ~or the Performance o~ repair work
on certain property o~ the undersigned un,er the Emergency Home Repair Program'
executed on , 19 , and incor~rated herein, the entire debt
~ill be deemed to have been satisfied and will be ~orBiven by the City as ol
, [9
If there be a breach o! the terms and condition contained in Section Il of
the agreement between Total Action Against Poverty and the underssgned for the
performance of repair work on certain property o! the undersigned under the
Emergency Home Repair Program, executed on
, 19 , and
incorporated herein, the entire principal shall,~t the option of the holder o!
this Note, immediately become due and payable for all purposes whatsoever, and
its collection may be enforced by any remedy at law or in equity. The terms and
conditions of said agreement are made a part hereof and shall control in the
interpretation and enforcement of this Note.
The time of payment of ail 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 a~fect the liability of anyone in
any way liable for the payment hereof.
Homestead and all other exemptions, presentment, protest and notice of
dishonor are hereby waived by the undersisned and by ail 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 tee tor such collection 18~11 o! the amount then due which is hereby
asreed upon aa a reasonable charge.
The makers shall have the privilese to repay the entire principal amount
hereof without premium.
(SEAL)
(SEAL)
Pase I of 2
STATE OF ~IRGINIA
5 To-Wit:
CITY OF ROANOKE
The foregoing Promissory
daf of
No~e was acknowledged before me
, 19 by
~hts
My CommXsston expires:
2of2
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
July 29, 1992
File #226-236
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Resolution No. 31129-072792 authorizing you to execute an
agreement with Total Action Against Poverty in Roanoke Valley, Inc., for Community
Development Block Grant (CDBG) funds, in the amount of $25,000.00, to be used for
the Customized Job Training Program, as more particularly set forth in a report of
the City Manager under date of July 27, 1992. Resolution No. 31129-072792 was
adopted by the Council of the City of Roanoke at a regular meeting held on Monday,
July 27, 1992.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
Eno o
pc:
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
Mr. James D. Ritchie, Director, Human Development
Mr. Howard R. Bulien, Acting Administrator, Fifth District Employment and
Training Consortium
Ms. Marie T. Pontius, Grants Monitoring Administrator
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke. Virginia 24011
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
July 29, 1992
File #226-236
Mr. Theodore J. Ed]ich, III
Executive Director
Total Action Against Poverty
in Roanoke, Valley, Inc.
P. O. Box 2868
Roanoke, Virginia 24011
Dear Mr. Ed]ich:
I am enclosing copy of Resolution No. 31129-072792 authorizing the City Manager to
execute an agreement with Total Action Against Poverty in Roanoke Valley, Inc., for
Community Development Block Grant (CDBG) funds, in the amount of $25,000.00,
to be used for the Customized Job Training Program, as more particularly set forth
in a report of the City Manager under date of July 27, 1992. Resolution No. 31129-
072792 was adopted by the Council of the City of Roanoke at a regular meeting held
on Monday, July 27, 1992.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
Enc.
pc: Ms. Gloria Perkins, Director, Total Action Against Poverty Employment
Training Services, P. O. Box 2868, Roanoke, Virginia 24011
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 2?th day of July, 1992.
No. 31129-072792.
A RESOLUTION authorizing the City Manager to execute an
agreement with Total Action Against Poverty in Roanoke Valley, Inc.
("TAP"), to provide for the Customized Job Training Program.
BE IT RESOLVED by the Council of the City of Roanoke as
follows:
1. That the City Manager or the Assistant City Manager and
the City Clerk are hereby authorized, for and on behalf of the
City, to execute and attest, respectively, an agreement with Total
Action Against Poverty in Roanoke Valley, Inc., which agreement
shall provide for the use of CDBG funds in the amount of $25,000.00
to be used for the Customized Job Training Program, in accordance
with the recommendations contained in the City Manager's report to
this Council dated July 27, 1992.
2. The form of the agreement shall be approved by the City
Attorney.
ATTEST:
City Clerk.
Roanoke, Virginia
July 27, 1992
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Members of Council:
Subject:
Contract for Services with Total Action Against
Poverty in Roanoke Valley, Inc (TAP) Customized
Job Training
I__. Background:
City Council authorized funding for the TAP Customized Job
Training project as part of the Community Development Block
Grant (CDBG) application; approved by Council on May 11,
1992 by Resolution No. 30508-051192.
Be
City Council appropriated CDBG funds on June 22, 1992, by
Ordinance No. 31067-062292, including $25,000 in funding
for the TAP Customized Job Training Program.
II. Current Situation:
ae
Project continuation, as proposed by Total Action Against
Poverty in Roanoke Valley, Inc (TAP), will provide
customized job training for 60 low to moderate income
persons, 41 jobs openings are expected to be filled.
Be
TAP and at least four local businesses will work together
to develop the curricula for this comprehensive job
training program, which will include both classroom and on-
the-job training.
Ce
FY 1992-93 CDBG funds, in the amount of $25,000 will
leverage approximately $195,000 in additional monies from
the Job Training Partnership Act (JTPA) and in-kind
donations of equipment and materials.
De
An administrative agreement between the City and TAP is
necessary for the funds to be obligated to this project.
III.
Issues:
A. Cost to the City
B. Funding
Timing
Compliance with applicable regulations
Legal
IV. Alternatives:
Authorize the City Manager to execute the attached
Agreement with TAP for the Customized Job Training program.
1. Cost to the City will be $25,000 in CDBG funds.
Funding is available in CDBG Account No. 035-092-9238-
5218.
Timing is important since TAP has obtained funding
under the Job Training Partnership Act (JTPA) to
implement this program beginning July 1, 1992.
Compliance with applicable regulations is assured
through contract review and project monitoring by the
City's Office of Grants Compliance.
Legal issues will be addressed through contract review
by the City Attorney.
Do not authorize the City Manager to execute the attached
Agreement with TAP for the Customized Job Training program.
Cost to the City would be nothing, except that the
scope of an activity designed to provide job skills
training and employment opportunities for low to
moderate income persons would be reduced.
2. Funding would not be an issue.
3. Timing would not be an issue.
Compliance with applicable regulations would not be an
issue.
5. Legal concerns would not be an issue.
V_~. Reco~aendation:
It is recommended that City Council concur in Alternative A and
authorize the City Manager to execute the attached A~reement
with TAP for the Customized Job Training program.
Respectfully submitted,
W. Robert Herbert
City Manager
attachments
WRH:VLP
CC.
Wilburn C. Dibling, Jr., City Attorney
Joel M. Schlanger, Director of Finance
Marie T. Pontius, Grants Monitoring Administrator
Executive Director Fifth District Employment & Training
Commission
Theodore J. Edlich, Executive Director, Total Action Against
Poverty, Inc
Gloria Perkins, Director, TAP Employment Training Services
VC: TAP.JOB
AGREEMENT
This Agreement is made and entered into this day of
, 1991, by and between the following parties:
The Grantee -
and the Subgrantee -
City of Roanoke, Virginia
215 Church Avenue, S.W.
Roanoke, Virginia 24011
Total Action Against Poverty in the
Roanoke Valley, Inc (TAP)
145 Campbell Avenue, S.W.
Post Office 2868
Roanoke, Virginia 24001
The Grantee has been authorized by its City Council pursuant to
Resolution No. -072792, adopted July 27, 1992, to provide
$25,000 in matching funds toward the TAP Customized Job Training
project as part of its Community Development Block Grant program.
me
The parties hereto mutually agree as follows:
SCOPE OF SERVICES:
TAP will work with at least four local businesses to develop the
curricula for this comprehensive job training program. The
training will be designed to address specific job opportunities
in each of the companies.
The training will be two-phased:
Part I.
This phase of the training will take place at TAP
offices and will focus on fundamental skills such
as math, English, word processing and office auto-
mation.
Part II.
This phase of training will be an internship conducted
on-site of the participating businesses. In this seg-
ment of the program, students will learn and perform
the specific duties required of positions within the
company. (Internships will be conducted under the
guidance and supervision of a company staff person, who
will maintain contact with TAP personnel on the
interns' progress).
Upon completion of the formal training period, the business will
use program graduates to fill permanent positions. When these
positions are filled the remaining pool of graduates will be
eligible for similar positions with other companies.
2. TIME OF PERFORMANCE:
This Agreement shall be for the period of July 1, 1992
through June 30, 1993. Agreement may be extended with the
written agreement of both parties.
The total budget for this project will be $220,000.
Funding sources for this project are as follows:
Job Training Partnership Act (JTPA)
In-kind Donation of Equipment
1992-93 CDBG Funds
$ 45,000
150,000
25,000
PROPOSED PAYMENT SC]-,,.:i~OLE AND PROCEDURES:
Requests for payment will be submitted to the assigned Project
Manager for initial review and approved for payment by the
Office of Grants Compliance. Funds will be disbursed monthly,
as needed. Payment will be made to the Subgrantee within ten
(10) days from date of receipt.
INDEMNIFICATION:
The Subgrantee agrees to indemnify and hold harmless the
City, its officers, agents and employees, from any and all
claims, legal actions and judgments advanced against the City
and for expenses the City may incur in this regard, arising out
of the Subgrantee's intentional acts and negligent acts or
omissions with respect to the rights and privileges granted by
the City to the Subgrantee in this Agreement.
Se
COMPLIANCE WITH FEDERAL REGULATIONS:
The Subgrantee agrees to abide by the HUD conditions for
CDBG programs as set forth in Attachment A and all other
applicable federal regulations relating to specific programs
performed hereunder. Further, the Subgrantee agrees to require
compliance with applicable federal regulations of the contractor
by agreement.
UNIFOI~ ADMINISTRATIVE
The Subgrantee shall comply with the requirements and
standards of OMB Circular No. A-122, "Cost Principles for Non
Profit Organizations" and with the following Attachments to OMB
Circular No. A-110, if applicable: Attachment A, "Cash
Depositories"; Attachment B, "Bonding and Insurance"; Attachment
C, "Retention and Custodial Requirements for Records";
Attachment F, "Standards for Financial Management Systems";
Attachment H, "Monitoring and Reporting Program Performance,"
paragraph 2; Attachment N, "Property Management Standards"; and
Attachment O, "Procurement".
PROGRAM INCOME:
"Program income" means gross income received by the Grantee
or Subgrantee directly generated from the use of CDBG funds.
The Subgrantee may retain program income, generated by this
agreement, to be revolved in subsequent projects having the same
guidelines and restrictions as those covered by this Agreement.
All program income and expenses shall be reported to the Grantee
on a quarterly basis.
9. RECORDS AND REPORTS:
The Subgrantee shall maintain full and accurate records
with respect to all matters covered under this Agreement. All
records pertaining to this Agreement and the services performed
pursuant to it, shall be retained for a period of three (3)
years after the expiration date of this Agreement or its
amendments. Appropriate City and/or HUD personnel shall have
free access to those records during the Agreement duration and
the following three-year time period.
The Subgrantee shall submit semi-annual reports (mid-term
and final) to the Grantee's Office of Grants Compliance. Such
reports shall consist of a narrative of accomplishments to date
and a financial report of revenues, expenses and program income.
10. CONFLICT OF IB'£m/~EST:
No employee, agent, consultant, officer or appointed
official of the Subgrantee, who is in a position to participate
in a decision-making process or gain inside information with
regard to any CDBG activity, may obtain a personal or financial
interest in any contract, subcontract or agreement with respect
thereto, or in the proceeds thereunder, either for themselves,
their family or business associates, during their tenure or for
one (1) year thereafter.
11. SUSPENSION AND TERMINATION
Suspension or termination may occur if the Subgrantee
materially fails to comply with any term of this award, and the
award may be terminated for convenience by the Grantee or
Subgrantee upon written notification to the awarding agency
(HUD), setting forth the reasons for such termination, the
effective date, and in the case of partial termination, the
portion to be terminated.
12. RE~u~SION OF ASSETS:
Upon expiration of this agreement, or amendments thereto,
the Subgrantee shall transfer to the city any CDBG funds or
program income on hand at the time of expiration and any
accounts receivable attributable to the use of CDBG funds.
13. ANNUAL AUDIT AND MONITORING:
The Subgrantee shall provide for an annual independent
audit of all CDBG expenditures covered by the Agreement. Copies
of said audit report shall be furnished to the Grantee's City
Manager and Director of Finance within thirty (30) days of
completion of the audit.
14.
THI~D-PARTYCOBT~ACTS:
The Grantee shall not be obligated or liable hereunder to
any party other than the Subgrantee.
15. AMENDMENTS.
The Grantee, from time to time, may require changes in the
obligations of the Subgrantee hereunder, or its City Council may
appropriate further funds for the TAP Customized Job Training
project. In such event or events, such changes which are
mutually agreed upon by and between the Subgrantee and grantee
shall be incorporated in written amendment to this Agreement.
16.
~OVERNINGLAW=
This Agreement shall be governed by laws of
Commonwealth of Virginia.
the
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the day and year hereinabove written:
ATTEST:
CITY OF ROANOKE
By By
Mary F. Parker, City Clerk
W. Robert Herbert, City Manager
SUBGRANTEE
By
Witness
By
Theodore J. Edlich
Executive Director
Total Action Against Poverty in
Roanoke Valley, Inc
VC: TAP.JOB
MARY F. PAgKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703) 981-2.541
SANDRA H. EAKIN
Deputy City Clerk
July 29, 1992
File #76
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Resolution No. 31130-072792 authorizing you to enter into a
contract with the Roanoke Valley Trouble Center, Inc. (TRUST), in the amount of
$26,000.00, to continue the provision of coordination and technical assistance to the
Roanoke Drug and Alcohol Abuse Council through June 30, 1993, with an option to
continue said assistance for an additional 24 months, upon mutual agreement of both
parties. Resolution No. 31130-072792 was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, July 27, 1992.
Sincerely, ~O.~/,.~
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
Enc.
pc:
Mr. Stuart Israel, Executive Director, Roanoke Valley Trouble Center, 360
Washington Avenue, S. W., Roanoke, Virginia 24016
The Honorable Phillip Trompeter, Chairperson, Roanoke Drug and Alcohol
Abuse Council, P. O. Box 986, Roanoke, Virginin 24005
Mr. James D. Ritchie, Director, Human Resources
Ms. Donna S. Norvelle, Human Resources Coordinator
Mr. Barry L. Key, Manager, Office of Management and Budget
Ms. Marie T. Pontius, Grants Monitoring Administrator
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 27th day of July, 1992.
No. 31130-072792.
A RESOLUTION authorizing the City Manager to enter into a
contract with the Roanoke Valley Trouble Center, Inc. ("TRUST") to
continue its provision of COordination and technical assistance to
the Roanoke Drug and Alcohol Abuse Council, upon certain terms and
conditions.
BE IT RESOLVED by the Council of the City of Roanoke that the
City Manager or Assistant City Manager, and the City Clerk are
hereby authorized, for and on behalf
attest, respectively, the requisite
Valley Trouble Center, Inc. ("TRUST")
COordination and technical assistance
of the City, to execute and
contract, with the Roanoke
to continue its provision of
to the Roanoke Drug and
Alcohol Abuse Council, for a total amount of $26,000.00, through
June 30, 1993, with an option to continue said assistance for an
additional twenty-four (24) months upon the mutual agreement of
both parties, such services being more particularly set forth in
report of the City Manager dated July 27, 1992, said contract shall
be in form approved by the City Attorney.
ATTEST:
City Clerk.
Roanoke, Virginia
July 27, 1992 '9~.
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor and Members of City Council:
SUBJECT: Contract To Continue Services With Roanoke Valley Trouble Center,
Inc. {TRUST)
I. BACKGROUND
Ao
The City Manager's Drug Strategy Task Force recommended in its
report, "Roanoke At Risk" that a permanent on-going committee be
established to provide the central clearinghouse for information,
program development, and coalition building among organizations
towards setting a community-wide norm that drug and alcohol abuse
is not acceptable.
The Task Force recommended that staff be assigned to coordinate
substance abuse prevention and treatment activities and provide
technical assistance.
Co
The City Manager appointed 33 individuals from education,
business, government, neighborhood and civic organizations, law
enforcement, the judiciary, and human services and established the
Roanoke Drug and Alcohol Abuse Council in May 1990. {Drug and
Alcohol Abuse Council membership list is attached.}
City Council authorized fundinq for the Drug and Alcohol Abuse
Council program as part of the Community Development Block Grant
(CDBG} in 1990, 1991, and most recently on June 22, 1992
(Resolution No. 31067-062292).
On September 9~ 1991~ City Council authorized the City Manager to
execute a six-month contract for services with Roanoke Valley
Trouble Center, Inc. to provide consulting services to the Roanoke
Drug and Alcohol Abuse Council.
Fo
On March 237 1992~ City Council authorized the execution of a
contract for services with Roanoke Valley Trouble Center, inc.,
(TRUST) to provide coordination and technical assistance to the
Roanoke Drug and Alcohol Abuse Council through June 30, 1992.
II. CURRENT SITUATION
The Contract Agreement with TRUST to provide consulting services
to the Drug and Alcohol Abuse Council expired on June 30, 1992.
In accordance with Roanoke City and HUD~ the City invited
applications from individuals or organizations to assure that all
interested parties had an opportunity to submit proposals for
consulting services to the Roanoke Drug and Alcohol Abuse Council.
A review panel including the Grants Administrator, the Drug and
Alcohol Abuse Council Chairman, and the Human Development
Coordinator was established to carefully examine the proposals,
interview potential candidates, and make appropriate
recommendations.
D. Two proposals to provide consulting services were received.
The interview panel presented the proposal~ to the Executive
Committee of the Drug and Alcohol Abuse Council for its
consideration and response and interviewed representatives from
both organizations.
III. ISSUES
The panel submitted the following recommendation to the City
Manager based on the amount of funds available and assessment of
the applicants' qualifications.
Contract with Roanoke Valley Trouble Center~ Inc. (TRUST) to
continue providing coordination and technical assistance to
the Roanoke Drug and Alcohol Abuse Council and pay the
consulting fee in the amount of $26~000 for twelve months.
A. Services to Citizens.
B. Fundin9.
C. Compliance with applicable regulations.
D. Timing.
IV. ALTERNATIVES
Authorize the City Manager to execute the attached sub-grantee
agreement with Roanoke Valley Trouble Center, Inc. (TRUST) to
provide staff support and coordination to the Roanoke Drug and
Alcohol Abuse Council from July i, 1992 through June 30, 1993,
with provision for extension.
Services to Citizens. The quality of the support and
coordination provided to the Roanoke Drug and Alcohol Abuse
Council would be continued with no disruption in services.
Funding is available in CDBG Account Numbers 035-090-9039-
2010, 035-091-9139-2010, and 035-092-9239-5209.
Compliance with applicable regulations is assured through
contract review and project monitoring by the City's Office
of Grants Compliance.
Timing is important to advert disruption in support and
coordination.
Do not authorize the City Manager to execute the sub-grantee
agreement.
Services to Citizens would be negatively impacted due to
delays in providing staff support.
2. Fundin~ would not be an issue.
Compliance with applicable regulations would not be an
issue.
Timing. The continuation of coordination is critically
important. The Drug and Alcohol Abuse Council is currently
involved in several projects requiring on-going staff
support.
V. RECOmmENDATION
City Council concur in the implementation of Alternative A and
authorize the City Manager to execute the attached sub-grantee
agreement with Roanoke Valley Trouble Center, Inc. {TRUST) to
provide staff support and coordination for the Drug and Alcohol
Abuse Council from July i, 1992 through June 30, 1993, with
provision for extension.
Respectfully submitted,
W. Robert Herbert
City Manager
WRH:DSN:gr
Attachment
cc: City Attorney
Director of Finance
Director of Human Development
Grants Monitoring Administrator
Human Resources Coordinator
Chairman, Roanoke Drug & Alcohol Abuse Council
Executive Director, Roanoke Valley Trouble Center
MEMBERSHIP
ROANOKE DRUG AND ALCOHOL ABUSE COUNCIL
(revised January 1992)
NAME & ADDRESS
The Honorable Philip Trompeter
City Family Court
P. O. Box 986
Roanoke, VA. 24005
City: 981-2389 County: 375-3050
CO~l'l-£~E ASSIC4~9~
Chairman Roanoke
Drug Council
Chair Executive
Mr. Henry Altice
Legislative
Hegira House
1301 Second Street,
Roanoke, VA. 24016
343-6332
S0W.
Vice-Chair Director
Executive
Ms. Carolyn Barrett
Fifth District Employment
& Training Consortium
310 W. Campbell Ave., S.W.
Roanoke, VA. 24016
981-2520
Enforcement
Ms. Ellen Brown
TAP
P. O. Box 2868
Roanoke, VA. 24011
345-6781
Prevention
Public Information
Mr. Donald $. Caldwell
Commonwealth's Attorney
City of Roanoke
315 Church Avenue, S.W.
Roanoke, VA. 24016
981-2626
Legislative
Mr. Bob Campbell
7246 Merriman Road, S.W.
Boones Mill, VA. 24065
344-2659
Legislative
~r. Ra~e£qh ~ampbe~l
Council of Community Services
P. O. Box 598
Roanoke, VA. 24004
985-0131
Legislative
Mr. John Chambliss, Jr.
Assistant Administrator
Roanoke County
P. O. Box 29800
Roanoke, VA. 24018
772-2002
Enforcement
Ms. Marian V. Crenshaw
Office On Youth
215 Church Avenue, S.W.
Room 355
Roanoke, VA. 24011
981-2349
Treatment
Ms. Barbara Duerk
Roanoke Neighborhood Partnership
2607 Rosalind Avenue, S.W.
Roanoke, VA. 24014
343-1616
Rev. Frank Feather
Forest Park Baptist
P. O. Box 6297
Roanoke, VA. 24017
343-4471
Church
Treatment
Mr. Gary Fenton
Roanoke Dept. of Parks & Recreation
210 Reserve Avenue, S.W.
Roanoke, VA. 24016
981-2236
Prevention
Dr. Carol Gilbert
Director of Trauma Programs
Roanoke Memorial Hospital
P. O. Box 13367
Roanoke, VA. 24003
981-7000
Prevention
Ms. Virginia Hardin
Prevention Plus MHS/rv
701 - C Brandon Ave., S.W.
Roanoke, VA. 24015
982-1427
Chair Prevention
Executive
Chief Harry Haskins
Salem Police Department
36 East Calhoun Street
Salem, VA. 24153
375-3010
Chair, Enforcement
Executive
Chief M. David Hooper
Roanoke City Police Department
309 Third Street, S.W.
Roanoke, VA. 24011
981-2203
Enforcement
Ms. Evangeline Jeffrey
3731 Wilmont Avenue
Roanoke, VA. 24017
982-4873
Mr. Forest Jones
Assistant City Manager
City of Salem
114 North Broad Street
Salem, VA. 24153
375-3018
Mr. Joe G. Kirby, III
Supervisor Middle & Secondary Education
City of Salem Schools
19 North College Avenue
Salem, VA. 24153
389-0130
Prevention
Mr. John T. (Jack) Liddy
Roanoke County Schools
526 South College Avenue
Salem, VA. 24153
387-6451
Prevention
Mr. Bob Lynn
535 Mountain Avenue,
Roanoke, VA. 24015
772-6405
SoWo
Chair, Treatment
Executive
Mr. Delvis (Mac) McCadden
District Sales Manager
USAIR
215 S. Jefferson Street
Roanoke, VA. 24011
344-4379
Public Information
Ms. Wend¥ O'Neill
YWCA
6~5 First Street, S.W.
Roanoke, VA. 24001
345-9922
Chair
Public Information
Executive
Mr. Theo A. Petrocci, M.S.,L.P.C.
16 Walnut Avenue, S.W.
Roanoke, VA. 24016
344-3211
Treatment
Mr. Jim Phipps
Court-Community Corrections Program
Salem Bank and Trust Building
Suite 218
220 East Main Street
Salem, VA. 24153
389-3526
Vice-Chair
Enforcement
Executive
Ms. Vickie Price
Grants Monitor
City of Roanoke
215 Church Avenue, S.W.
Roanoke, VA. 24011
981-2141
Public Information
Mr. James D. Ritchie
Director of Human Resources
City of Roanoke
Room 356, Municipal Building
215 Church Avenue, S.W.
Roanoke, VA. 24011
981-2302
Legislative
Mr. Henry L. Woodward
General Counsel
Legal Aid Society of Roanoke Valley
416 Campbell Avenue, S.W.
Roanoke, VA. 24016
344-2088
Chair
Legislative
Executive
Mr. Mike Yarnell
2140 Berkley Avenue,
Roanoke, VA. 24015
342-5507
SoW.
Public Information
ku
1/23/92
CONTRACT FOR SERVICES
This agreement, made this 1st day of July 1992, by and between the City of
Roanoke and Roanoke Valley Trouble Center, Inc. (TRUST).
The parties hereto agree as follows:
SCOPE OF SERVICES
Consulting in six general areas shall be undertaken by the Consultant.
TRUST will provide a senior planning staff member to act as Project
Coordinator. Changes or addition to the scope of services can be made
at the discretion of the City, with the consent of the Consultant. All
work shall be coordinated with the Director of Human Development, City
of Roanoke. The scope of services shall include the following:
Overall responsibility for providing staff support and technical
assistance to the Drug and Alcohol Abuse Council and its committees.
Includes the*following activities:
1. Work with the Drug Council chairman and sub-committee chairmen
to schedule meetings, prepare meeting agendas, agenda packets,
and other necessary materials.
2. Assure that accurate minutes of every Drug Council and sub-
committee meeting are maintained and distributed in a timely
fashion to appropriate parties.
Write reports and press releases as necessary.
Communicate regularly and as needed with Council members
regarding pertinent information.
II.
III.
Work directly under the supervision of the Human Development
Coordinator, Project Director. Keep Project Director informed
of activities and joint planning efforts,
B. Assist community organizations identify and access resources such as
funding and services related to substance abuse.
C. Serve as administrator for program's day-to-day activities.
D. Coordinate activities relative to the Council and other substance
abuse projects as deemed appropriate by the Council and Director of
Human Development.
E. Coordinate annual recognition event(s) for outstanding contributions
to the mission of the Drug and Alcohol Abuse Council.
F. Overall responsibility for all necessary support services including,
but not limited to, clerical, telephone, postage, local travel, and
printing.
TIME OF PERFOR~t~CE
The term of this agreement shall be for a 12-month period beginning
July 1, 1992, with the City reserving the option to extend the contract
for an additional two (2) year period.
FEES
The total compensation to TRUST for above staff and scope of service
shall be $2,166.66 per month not to exceed $26,000.00 per year. This
cost includes professional staff time, clerical services, printing and
copying, travel, supplied, and all expenses necessary to complete the
scope of services.
IV.
PROPOSED PAYMENT SCHEDULE
Payment to the consultant shall be made monthly upon completion of
monthly activities.
TERFIINATION
This Agreement may be terminated by either the City or the Consultant
upon written notification thirty (30) days prior to termination.
VI.
REPORTING
The Consultant agrees to submit written performance progress reports to
the Project Manager by the 15th day of each month beginning August 15,
1992.
VII.
CO~PLIANCE WITH FEDERAL REGULATIONS
The Consultant agrees to abide by the HUD conditions for CDBG programs
as set forth in Attachment A, and all other applicable federal
regulations relating to specific programs performed hereunder. All
records pertaining to this agreement shall be retained for a period of
three {3) years after the expiration date of the Agreement. Appropriate
City and/or HUD personnel shall have free access to those records during
the Agreement duration and the following three-year time period.
VIII. INDEMNIFICATION
The Consultant agrees to indemnify and hold harmless the City, its
officers, agents and employees, from any and all claims, legal actions
and judgements advanced against the City and for expenses the City may
incur in this regard, arising out of the Consultant's negligent acts or
omissions with respect to the rights and privileges granted by the City
to the Consultant in this Agreement.
IX, CONFLiCT OF ~NTEREST
No employee, agent consultant officer or appointed official of the
Consultant, who is in a position to participate in a decision-making
process or gain inside information with regard to any CDBG activities,
may obtain a personal or financial interest in any contract,
subcontract, or agreement with respect thereto, or in the proceeds
thereunder, either for themselves, their family or business associates,
during their tenure or for one {1) year thereafter.
The Consultant agrees not to participate in activities related to drug
abuse prevention, enforcement, and/or treatment which conflict with the
intent, mission, or philosophy of the Roanoke Valley Drug & Alcohol
Abuse Council. The consultant agrees to solicit the endorsement of the
Roanoke Valley Drug & Alcohol Abuse Council and Director of Human
Development in a timely manner whenever an event/activity program may be
in question.
XI.
LIABILITY COVERAGE
The consultant will provide professional liability insurance coverage of
an amount of at least $1,000,000.00 naming the City of Roanoke
additionally insured.
GOVERNING LAW
This agreement shall be governed by the Commonwealth of Virginia.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
day and year hereinabove written:
ATTEST:
CITY OF ROANOKE
BY BY
~ary F. Parker, City Clerk
W. Robert Herbert, City Fianager
BY BY
Executive Director
Roanoke Valley Trouble Center, Inc.
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
SPECIAL TERMS AND CONDITIONS
ATTACHMENT A
page I
"Section 3' Compliance in the Provision of Training. Emplo~=~C and Busings.
Opportunities:
The work to be performed under this contract is on a project assisted
under a program providing direct Federal financial assistance from the
Department of Housing and Urban Development and is subject to the
requirements of Section 3 of the Housing and Urban Development Act of
1968, as amended, 12 U.S.C. 170. Section 3 requires that to the
greatest extent feasible opportunities for training and employment be
given lower income residents of the project area and contracts for work
in connection with the project be awarded to business concerns which
are located in, or owned in substantial part by persons residing in the
area of the project.
The parties to this contract will comply with the provisions of said
Section 3 and the regulations issued pursuant thereto by the Secretary
of Housing and Urban Development set forth in 24 CFR 135, and all
applicable rules and orders of the Department issued thereunder prior
to the execution of this contract. The parties to this contract
certify and agree that they are under no contractual or other
disability which would prevent them from complying with these
requirements.
The contractor will send to each labor organization or representative
of workers with which he has a collective bargaining agreement or other
contract or understanding, if any, a notice advising the said labor
organization or workers' representative of his commitments under this
Section 3 clause and shall post copies of the notice in conspicuous
places available to employees and applicants for employment or
training.
The contractor will include this Section 3 clause in every subcontract
for work in connection with the project and will, at the direction of
the applicant for or recipient of Federal financial assistance, take
appropriate action pursuant to the subcontract upon a finding that the
subcontractor is in violation of regulations issued by the Secretary of
Housing and Urban Development 24 CFR Part 135. The contractor will not
subcontract with any subcontractor where it has notice or knowledge
that the latter has been found in violation of regulations under 24 CFR
part 135 and will not let any subcontract unless the subcontractor has
first provided it with a preliminary statement of ability to comply
with the requirements of these regulations.
Compliance with the provisions of Section 3, the regulations set forth
in 24 CFR Part 135, and all applicable rules and orders of the
Department issued hereunder prior to the execution of the contract,
shall be a condition of the federal financial assistance provided to
the project, binding upon the applicant or recipient for such
ATTACHMENT A
page 2
assistance, its successor and assigns. Failure to fulfill these
requirements shall subject the applicant or recipient, its contractors
and subcontractors, its successors and assigns to those sanctions
specified by the grant or loan agreement or contract through which
Federal assistance is provided, and to such sanctions as are specified
by 24 CFR Part 135.
Equal Emplo3m~nt O~Dortunit~: Contracts subject to Executive Order 11246~ a.~
amended: Such contracts shall be subject to HUD Equal Employment
Opportunity regulations at 24 CFR Part 130 applicable to HUD-assisted
construction contracts.
The Contractor shall cause or require to be inserted in full in any non-
exempt contract and subcontract for construction work, or modification
thereof as defined in said regulations, which is paid for in whole or in
part with assistance provided under this Agreement, the following equal
opportunity clause: "During the performance of this contract, the
contractor agrees as follows:
Bo
Eo
The contractor will not discriminate against any employee or applicant
for employment because of race, color, religion, sex or national
origin. The contractor will take affirmative action to ensure that
applicants are employed and that employees are treated during
employment without regard to their race, color, religion, sex or
national origin. Such action shall include, but not be limited to, the
following: employment, upgrading, demotion or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including
apprenticeship. The contractor agrees to post in conspicuous places
available to employees and applicants for employment, notices to be
provided by the contracting officer setting forth the provisions of
this nondiscrimination clause.
The contractor will, in all solicitations or advertisements for
employees placed by or on behalf of the contractor, state that all
qualified applicants will receive consideration for employment without
regard to race, color, religion, sex or national origin.
The contractor will send to each labor union or representative of
workers with which he has a collective bargaining agreement or other
contract or understanding, a notice to be provided by the Contract
Compliance Officer advising the said labor union or workers'
representatives of the contractor's commitment under this section and
shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
The contractor will comply with all provisions of Executive Order 11246
of September 24, lg65, and of the rules, regulations and relevant
orders of the Secretary of Labor.
The contractor will furnish all information and reports required by
Executive Order 11246 of September 24, 1965, and by the rules,
regulations and orders of the Secretary of Labor, or pursuant thereto,
and will permit access to his books, records and accounts by the
ATTACHMENT A
page 3
Department and the Secretary of Labor for purposes of investigation to
ascertain compliance with such rules, regulations and orders.
Fo
In the event of the contractor's noncompliance with the
nondiscrimination clauses of this contract or with any of such rules,
regulations or orders, this contract may be canceled, terminated or
suspended in whole or in part, and the contractor may be declared
ineligible for further Government contracts or Federally-assisted
construction contract procedures authorized in Executive Order 11246 of
September 24, 1965, or by rule, regulation or order of the Secretary of
Labor, or as otherwise provided by law.
The contractor will include the portion of the sentence immediately
preceding paragraph (A) and the provisions of paragraphs {A) through
{G) in every subcontract or purchase order unless exempted by rules,
regulations or orders of the Secretary of Labor issued pursuant to
Section 204 of Executive Order 11246 of September 24, 1965, so that
such provisions will be binding upon each subcontractor or vendor. The
contractor will take such action with respect to any subcontract or
purchase order as the Department may direct as a means of enforcing
such provisions, including sanctions for noncompliance; provided,
however, that in the event a contractor becomes involved in or is
threatened with litigation with a subcontractor or vendor as a result
of such direction by the Department, the contractor may request the
United States to enter into such litigation to protect the interest of
the United States."
The Contractor further agrees that it will be bound by the above equal
opportunity clause with respect to its own employment practices when it
participates in Federally-assisted construction work; provided, that if the
Contractor so participating is a State or local government, the above equal
opportunity clause is not applicable to any agency, instrumentality or
subdivision of such government which does not participate in work on or
under the contract. The Contractor agrees that it will assist and cooperate
actively with the Department and the Secretary of Labor in obtaining the
compliance of contractors and subcontractors with the equal opportunity
clause and the rules, regulations and relevant orders of the Secretary of
Labor; that it will furnish the Department and the Secretary of Labor such
compliance; and that it will otherwise assist the Department in the
discharge of its primary responsibility for securing compliance.
The Contractor further agrees that it will refrain from entering into any
contract or contract modification subject to Executive Order 11246 of
September 24, 1965, with a contractor debarred from, or who has not
demonstrated eligibility for Government contracts and Federally-assisted
construction contracts pursuant to the Executive Order and will carry out
such sanctions and penalties for violation of the equal opportunity clause
as may be imposed upon contractors and subcontractors by the Department or
the Secretary of Labor pursuant to Part II, Subpart D, of the Executive
Order. In addition, the Contractor agrees that if it fails or refuses to
comply with these undertakings, the Department may take any or all of the
following actions: cancel, terminate or suspend in whole or in part the
grant or loan guarantee; refrain from extending any further assistance to
the Contractor under the Program with respect to which the failure or
ATTACHMENT A
page 4
refusal occurred until satisfactory assurance of future compliance has been
received from such Contractor; and refer the cause to the Department of
Justice for appropriate legal proceedings.
Nondiscrimination Under Title VI of the Civil Rights Act of 1964: This
Agreement is subject to the requirements of Title VI of the Civil Rights Act
of 1964 {P.L. 88-352) and HUD regulations with respect thereto, including
the regulations under 24 CFR Part 1. In the sale, lease or other transfer
of land acquired, cleared or improved with assistance provided under this
Agreement, the Contractor shall cause or require a covenant running with the
land to be inserted in the deed or lease for such transfer, prohibiting
discrimination upon the basis or race, color, religion, sex or national
origin, in the sale, lease or rental, or in the use of occupancy of such
land or any improvements erected or to be erected thereon, and providing
that the Contractor and the United States are beneficiaries of and entitled
to enforce such covenant. The Contractor, in undertaking its obligation in
carrying out the program assisted hereunder, agrees to take such measures as
are necessary to enforce such covenant and will not itself so discriminate.
Obligations of Contractor with Respect to Certain Third-party Relationships-
The Contractor shall remain fully obligated under the provisions of the
Agreement, notwithstanding its designation of any third party or parties for
the undertaking of all or any part of the program with respect to which
assistance is being provided under this Agreement to the Contractor. Any
Contractor which is not the Applicant shall comply with all lawful
requirements of the Applicant necessary to insure that the program, with
respect to which assistance is being provided under this Agreement to the
Contractor is carried out in accordance with the Applicant's Assurances and
certifications, including those with respect to the assumption of
environmental responsibilities of the Applicant under Section 104(h) of the
Housing and Community Development Act of 1974.
Interest of Certain Federal Officials: No member of or delegate to the
Congress of the United States, and no Resident Commissioner, shall be
admitted to any share or part of this Agreement or to any benefit to arise
from the same.
Interest of Hembers, Officers or Employees of Contractor~ ._l~.._ers of Local
Government Body~ or Other Public Officials: No member, officer or employee
of the Contractor, or its designees or agents, no member of the governing
body of the locality in which the program is situated, and no other public
official of such locality or localities who exercises any functions or
responsibilities with respect to the program during his tenure, or for one
(1) year thereafter, shall have any interest, direct or indirect, in any
contract or subcontract, or the proceeds thereof, for work to be performed
in connection with the program assisted under the Agreement. The Contractor
shall incorporate, or cause to be incorporated, in all such contracts or
subcontracts a provision prohibiting such interest pursuant to the purposes
of this section.
Prohibition Against Paffments of Bonus or Cmmission: The assistance provided
under this Agreement shall not be used in the payment of any bonus or
commission for the purpose of obtaining HUD approval of the application for
such assistance, or HUD approval or applications for additional assistance,
ATTACHMENT A
page 5
10.
11.
or any other approval or concurrence of HUD required under this Agreement,
Title I of the Housing and Community Development Act of 1974, or HUD
regulations with respect thereto; provided, however, that reasonable fees or
bona fide technical, consultant, managerial or other such services, other
than actual solicitation, are not hereby prohibited if otherwise eligible as
program costs.
"Section 109": This Agreement is subject to the requirements of Section 109
of the Housing and Community Development Act of 1974, 42 U.S.C. 3535(d}. No
person in the United States shall on the ground of race, color, religion,
sex or national origin be excluded from participation in, be denied the
benefits of, or be subjected to discrimination under any program or activity
funded in whole or in part with funds available under this title.
Access to Records and Site of FJaplo3mment: This Agreement is subject to the
requirements of Executive Order 11246, Executive Order 1375, Civil Rights
Act of 1964, as amended. Access shall be permitted during normal business
hours to the premises for the purpose of conducting on-site compliance
reviews and inspecting and copying such books, records, accounts, and other
material as may be relevant to the matter under investigation and pertinent
to compliance with the Order, and the rules and regulations promulgated
pursuant thereto by the Contractor. Information obtained in this manner
shall be used only in connection with the administration of the Order, the
administration of the Civil Rights Act of 1964 (as amended) and in
furtherance of the purpose of the Order and that Act.
Records: All records pertaining to this Agreement and the services
performed pursuant to it, shall be retained for a period of three {3} years
after the expiration date of the Agreement. Appropriate City and/or HUD
personnel shall have free access to those records during the Agreement
duration and the following three-year time period.
Termination for Convenience or for Cause: This Agreement may be terminated
by either the City or the Contractor in the event of a substantial failure
to perform by either party. In the event of such termination, the
Contractor shall be entitled to collect all sums for services performed as
of the date of termination. This Agreement may be terminated for
convenience in whole or in part by the City with the consent of the
Contractor, in which case the two parties shall agree upon the termination
conditions, including the effective date and in the case of partial
termination, the portion to be terminated.
12.
Legal Remedies for Contract Violation: If the Contractor materially fails
to comply with any term of this Agreement, whether stated in a Federal
statute or regulation, an assurance, in a State plan or application, a
notice of award, or elsewhere, the City may take one or more of the
following action, as appropriate in the circumstances:
1) Temporarily withhold cash payments pending correction of the deficiency
by the Contractor,
2) Disallow all or part of the cost of the activity or action not in
compliance,
3) Wholly or partly suspend or terminate the current Agreement, or
4} Take other remedies that may be legally available.
E:ATTACHMT.PRO 10/1/91
MARY F. PAI~KF.R
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virsinia 24011
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
July 29, 1992
File #9-102-255-405
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Resolution No. 31132-072792 authorizing you to enter into
engineering services reimbursement, with cost ceiling contracts, with Hayes, Seay,
Mattern and Mattern, in the amount of $73,920.00, and Mattern and Craig, P. C.,
in the amount of $58,400.00, for performance of certain bridge, airport tunnel,
overhead sign, and parking garage inspection services, as more particularly set
forth in a report of the City Manager under date of July 27, 1992. Resolution No.
31132-072792 was adopted by the Council of the City of Roanoke at a regular meeting
held on Monday, July 27, 1992.
Sincerely, /~,~.
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
Enc.
pc:
Mr. Joel M. Schlanger, Director of Finance
Mr. Kit B. Kiser, Director, Utilities and Operations
Ms. Jacqueline L. Shuck, Executive Director, Roanoke Regionai Airport
Mr. William F. Clark, Director, Public Works
Mr. Charles M. Huffine, City Engineer
Mr. Jan G. Bruce, Engineering Technicai Supervisor
Ms. Sarah E. Fitton, Construction Cost Technician
Mr. Barry L. Key, Manager, Office of Management and Budget
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: ('/03) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
July 29, 1992
File #9-102-255
Mr. Steven A. Campbell, Engineer
Mattern and Craig, P. C.
701 First Street, S. W.
Roanoke, Virginia 24016
Dear Mr. Campbell:
I am enclosing copy of Resolution No. 31132-072792 authorizing the City Manager to
enter into engineering services reimbursement, with cost ceiling contracts, with
Hayes, Seay, Mattern and Mattern, in the amount of $73,920.00, and Mattern and
Craig, P. C., in the amount of $58,400.00, for performance of certain bridge,
airport tunnel, overhead sign, and parking garage inspection services, as more
particularly set forth in a report of the City Manager under date of July 27, 1992.
Resolution No. 31132-072792 was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, July 27, 1992.
Sincerely, ~L~.A~_
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
Enc.
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, $.W., Room 456
Roanoke, Virginia 24011
Telephone: (703) 981-2.541
SANDRA H. EAKIN
Deputy City Clerk
July 29, 1992
File #9-102-255-405
Mr. Steve J. Chapin
Structural Engineer
Hayes, Seay, Mattern and Mattern
P. O. Box 13446
Roanoke, Virginia 24034
Dear Mr. Chapin:
I am enclosing copy of Resolution No. 31132-072792 authorizing the City Manager to
enter into engineering services reimbursement, with cost ceiling contracts, with
Hayes, Seay, Mattern and Mattern, in the amount Of $73,920.00, and Mattern and
Craig, P. C., in the amount of $58,400.00, for performance of certain bridge,
airport tunnel, overhead sign, and parking garage inspection services, as more
particularly set forth in a report of the City Manager under date of July 27, 1992.
Resolution No. 31132-072792 was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, July 27, 1992.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
Eric.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 27th day of July, 1992.
No. 31132-072792.
A RESOLUTION authorizing the City Manager to enter into engineering
Services reimbursement with cost ceiling contracts with certain
engineering firms, providing for the performance of certain bridge,
Overhead sign, and parking garage inspection services.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City Manager or the Assistant City Manger and the City
Clerk are hereby authorized, for and on behalf of the City, to execute
and to attest, respectively, an engineering Services reimbursement with
cost ceiling contract with Hayes, Seay, Mattern & Mattern, for the
provision by such firm of bridge, Overhead sign, and parking garage
inspection services, as more particularly set forth in the July 27,
1992, report of the City Manger to this Council, for an amount not to
exceed $73,920.00.
2. The City Manager or the Assistant City Manager and the City
Clerk are hereby authorized, for and on behalf of the City, to execute
and attest, respectively, an engineering services reimbursement with
cost ceiling COntract with Mattern & Craig, P.C., for provision by such
firm of bridge inspection services, as more particularly set forth in
the July 27, 1992, report of the City Manager to this Council, for an
amount not to exceed $58,400.00.
3. The form of the contract with each firm shall be approved by
the City Attorney.
ATTEST:
City Clerk.
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703) 981-2~41
July 29, 1992
SANDRA H. EAKIN
Deputy City Clerk
File #60-9-102-255-405
Mr. Joel M. Schlanger
Director of Finance
Roanoke, Virginia
Dear Mr. Schlanger:
I am attaching copy of Ordinance No. 31131-072792 amending and reordaining certain
sections of the 1992-93 General Fund Appropriations, providing for the transfer of
$28,520.00 from Transfers to Capital Funds to Contractual Services, in connection
with award of engineering services reimbursement, with cost ceiling contracts, to
Hayes, Seay, Mattern and Mattern, in the amount of $73,920.00, and Mattern and
Craig, P. C., in the amount of $58,400.00, for performance of certain bridge,
airport tunnel, overhead sign and parking garage inspection services. Ordinance
No. 31131-072792 was adopted by the Council of the City of Roanoke at a regular
meeting held on Monday, July 27, 1992.
Sincerely, ~~
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
Enc.
pc:
Mr. W. Robert Herbert, City Manager
Mr. Kit B. Kiser, Director, Utilities and Operations
Ms. Jacqueline L. Shuck, Executive Director, Roanoke Regional Airport
Mr. William F. Clark, Director, Public Works
Mr. Charles M. Huffine, City Engineer
Mr. Jan G. Bruce, Engineering Technical Supervisor
Ms. Sarah E. Fitton, Construction Cost Technician
Mr. Barry L. Key, Manager, Office of Management and Budget
1992-93
emergency.
WHEREAS,
Government of the
exist.
Roanoke
IN THE COUNCIL OF THE CITY OF ROANOKEv VIRGINIA
The 27th day of July, 1992.
No. 31131-072792.
AN ORDINANCE to amend and reordain certain sections of the
General Fund Appropriations, and providing for an
for the usual daily operation of the Municipal
City of Roanoke, an emergency is declared to
THEREFORE, BE IT ORDAINED by the Council of the City of
that certain sections of the 1992-93 General Fund
Appropriations, be, and the same are hereby, amended and reordained
to read as follows, in part:
Public Works
Engineering (1) ·
Non-departmental
Transfers to Other Funds (2) ......................
$ 18,569,167
1,267,393
11,524,649
11,029,370
1) Contractual
Services
2) Transfers to
Capital Funds
(001-052-4310-2010)
(001-004-9310-9508)
$ 28,520
(28,520)
BE IT FURTHER ORDAINED that, an emergency existing, this
Ordinance shall be in effect from its passage.
ATTEST:
City Clerk.
Roanoke,
July 27,
Virginia
1992
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Members of Council:
Subject: 1992 Bridge Inspection Program
I. Backqround
1978 Surface Transportation Act enacted by
Congress requires that all bridges, including "off
Federal Aid System" structures, must be included
in the bi-annual inspection program.
Supplementary Bridge Inspection Reports are
required on sixty-four (64) structures in the City
of Roanoke this year. Forty-one (41) structures
(40 bridges and 1 tunnel) are inspected annually
while twenty-three (23) structures are inspected
bi-annually.
Eleven (11) bridge structures that do not fall
under the Federal Highway Administration
guidelines require inspecting. These are
structures with spans of less than 20 feet. They
too deteriorate and, if left out of the inspection
cycle, may fail someday with catastrophic results.
They were pointed out to us last year and we were
advised by our consultants to include them as a
worthy precaution.
Federal Hiqhway Administration has established a
new requirement that overhead sign structures are
to be inspected on an annual basis. Sixteen (16)
of these structures exist within the City.
Inspection of three (3) parking structures are
required every four years by prudent engineering
practices.
Airport tunnel, under Runway 23,
inspected bi-annually to ensure
deterioration under control.
is required to be
safety and to keep
Page 2
II.
Current situation is that Engineering Services
Qualification Proposals for the necessary technical
inspection and reports were publicly advertised and
received from:
* Hayes, Seay, Mattern & Mattern, Inc.
* Mattern & Craig, Inc.
Selection of the firms for consideration was based
on the following criteria:
1. Qualification of personnel
2. Time available to meet schedule
3. Experience in performing bridge inspections
4. Ability to produce project on time
Local accessibility for project coordination
and cooperation
6. Response to request for proposal
7. Past record with City of Roanoke
Interviews were held with both qualified firms.
Staff team included Charles M. Huffine, P.E., City
Engineer, Earl Sturgill, Civil Engineer I, Philip
C. Schirmer, P.E., Civil Engineer I, and Jan G.
Bruce, Engineering Technical Supervisor.
Complexity of Bridge Inspections again led the
staff to select the two (2) qualified firms to
complete two (2) portions of work.
Negotiations were conducted with the two (2)
qualified firms (Hayes, Seay, Mattern & Mattern,
Inc. and Mattern & Craig, Inc.) for the necessary
technical inspections and reports.
Page 3
Scope of work to be performed includes:
Field investiqations of bridges by each firm
to include pertinent roadway approaches,
waterway, piers and abutments, bearings,
stringers, beams, girders, decks, expansion
joints, curbs, sidewalks, bridge railing,
culverts, and signing. Hayes, Seay, Mattern
& Mattern, Inc. will be responsible for
inspecting the sign structures, parking
garages, and 19 bridges. Mattern & Craig,
Inc. will be responsible for inspecting the
Airport Tunnel and 56 bridges.
Inspection reports to be prepared with
sketches and/or photographs to adequately
describe deficiencies and problem areas.
Final inspection documents completed in
accordance with the Federal, State and City
criteria regarding the bridge inspection
program. All reports to be completed before
the end of 1992.
In-depth inspections have been stressed by Federal
and State Highway agencies related to a particular
aspect of bridge inspection as a result of
catastrophic bridge failures in other states in
recent years. The agencies require:
Underwater bridge insDections require more
care to detect possible erosion of support in
waterways beneath bridge structures. Many of
the City's bridges being inspected are above
waterways, the majority of which have
structural supports underwater. These
structures must be analyzed physically and
mathematically to determine catastrophic
scour potential.
Cost reimbursement fee for engineering services is
based on actual manhours used to physically review
each component of the bridges, signs, parking
garages, and tunnel. Hayes, Seay, Mattern &
Mattern, Inc. and Mattern & Craig, Inc., in
following this billing procedure, offer reasonable
manhour pay rates and an acceptable cost ceiling.
Page 4
III.
IV.
Issues in evaluating the proposal and awarding
contracts to firms known to be qualified are:
A. Inclusion of proper work scope
B. Ability to meet time schedules
C. Reasonableness of fee
D. Availability of fundinq
Alternatives for providing the necessary work are:
A. Award enqineerinq services reimbursement with cost
ceiling contracts to Hayes, Seay, Mattern &
Mattern, Inc. and Mattern & Craig, Inc. in amounts
of $73,920.00 and $58,400.00 respectively.
Inclusion of proper work scopes has been
reviewed and verified.
Ability to meet time schedule has been
demonstrated and firms are ready to begin
immediately.
Reasonableness of fee has been established
through negotiation. Hayes, Seay, Mattern &
Mattern, Inc. has set a cost ceiling in their
proposal of $73~920.00 due to the fact that
this is the initial inspection for the
overhead signs requiring extensive sketching
and analysis, while Mattern & Craig, Inc. has
set a cost ceiling in their proposal of
$58~400.00.
4. Availability of fundinq exists as follows:
Account #001-052-4310-2010
#001-004-9310-9508
#004-058-4401-7070
#007-056-8205-2010
#007-056-8215-2010
#007-056-8220-2010
$ 90,000.00
28,520.00
800.00
2,500.00
4,750.00
5~750.00
$132,320.00
Page 5
Bo
Do not award enqineerinq services contracts to
Hayes, Seay, Mattern & Mattern, Inc. and Mattern &
Craig, Inc. in amounts of $73~920.00 and
$58,400.00 respectively.
Inclusion of proper work scope would have to
be deferred to the City or other consultants.
Ability to meet time schedule would be
jeopardized.
3. Reasonableness of fee cannot be assured.
Availability of funding would remain in the
respective accounts.
Recommendation is that the City:
Award engineering services reimbursement contracts
in forms approved by the City Attorney to Hayes,
Seay, Mattern & Mattern, Inc. and Mattern & Craig,
Inc. in amounts of $73,920.00 and $58,400.00
respectively.
Transfer $28,520.00 appropriation from General
Fund Account 001-004-9310-9508 to General Fund
Account 001-052-4310-2010.
C. Fundinq is available for the contracts as follows:
Hayes~ Seay, Mattern & Mattern, Inc
Parking Garage Inspections (3)
- Williamson Road (Hanger Connection)
007-056-8205-2010 $ 2,500.00
- Market Square
007-056-8215-2010 4,750.00
- Church Avenue
007-056-8220-2010 5,750.00
$13,000.00
Overhead Sign Inspections (16)
Bridge Inspections (19)
001-052-4310-2010
$60~920.00
TOTAL CONTRACT AMOUNT $73,920.00
Page 6
Mattern & Craig~ Inc.
Bridge Inspections (56)
001-052-4310-2010
Airport Tunnel Inspection (1)
004-058-4401-7070
TOTAL CONTRACT AMOUNT
$57,600.00
$ 8OO.OO
Respectfully submitted,
W. Robert Herbert
City Manager
WRH/JGB/mm
cc:
Director of Finance
City Attorney
Director of Public Works
Director of utilities & Operations
Airport Executive Director
City Engineer
Construction Cost Technician
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
July 29, 1992
File #305
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Ordinance No. 31133-072792 approving issuance of Change
Order No. 5 to the City's contract with Williams Painting and Remodeling, Inc., in
the amount of $5,475.29, for construction of the Crisis Intervention Center at
Coyner Springs, for a total contract amount, including Change Order No. 5, of
$515,869.44. Ordinance No. 31133-072792 was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, July 27, 1992.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
Enc.
pc:
Mr. Joel M. Schlanger, Director of Finance
Mr. William F. Clark, Director, Public Works
Mr. Charles M. Huffine, City Engineer
Ms. Sarah E. Fitton, Construction Cost Technician
Mr. James D. Ritchie, Director, Human Development
Ms. Andrea B. Krochalis, Manager, Crisis Intervention Center
Ms. Dolores C. Daniels, Assistant to the City Manager for Community
Relations
Mr. Barry L. Key, Manager, Office of Management and Budget
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
July 29, 1992
File #305
Mr. George H. Williams, Jr.
Vice President
Williams Painting and Remodeling, Inc.
2314 Ridgefield Street, N. E.
Roanoke, Virginia 24012
Dear Mr. Williams:
I am enclosing copy of Ordinance No. 31133-072792 approving the City Manager's
issuance of Change Order No. 5 to the City's contract with Williams Painting and
Remodeling, Inc., in the amount of $5,475.29, for construction of the Crisis
Intervention Center at Coyner Springs, for a total contract amount, including
Change Order No. 5, of $515,869.44. Ordinance No. 31133-072792 was adopted by
the Council of the City of Roanoke at a regular meeting held on Monday, July 27,
1992.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
Eno.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 27th day of July, 1992.
No. 31133-072792.
AN ORDINANCE approving the City Manager's issuance of Change
Order No. 5 to the City's contract with Williams Painting and
Remodeling, Inc., for construction of the Crisis Intervention
Center at Coyner Springs; and providing for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager or the Assistant City Manager is
authorized and empowered to issue, for and on behalf of the City,
upon form approved by the City Attorney, Change Order No. 5 to the
City's contract with Williams Painting and Remodeling, Inc.,
related to construction of the Crisis Intervention Center at Coyner
Springs.
2. Such Change Order shall provide for the following changes
in the work to be performed:
ORIGINAL CONTRACT AMOUNT
CONTRACT AMOUNT INCLUDING
CHANGE ORDER NOS. 1-4
$ 487,234.00
$ 510,394.15
CHANGE ORDER NO. 5:
Item No. 1:
Changes to electzical wiring for
dishwasher and range.
Change exit fixture lens from
green to red at request of Fire
Marshal.
Outlet for sound system in
Mechanical Room.
f.
g.
h.
Additional telephone outlet. Run
from Mechanical Room to Office.
Rework drain to fit dishwasher
provided by owner.
Additional charge to hook up gas
range provided by owner.
Install weatherstripping for
bottom of entrance doors (6).
Adjusting rings used on manholes
to raise to corrected grade. Total
Item No. 2:
Add outlet for milk machine.
Add outlet for telephone system.
Add two pole 20 A service to
walk-in freezer.
$ 1,989.70
Item No. 3:
Add cut-off switch for range
hood exhaust fan.
Add emergency lights in boys
& girls toilets as requested
by State Fire Marshal.
Change receptacle in Laundry
Room to ground fault.
Total $ 515.41
Item No. 4:
Rock excavation in the sewer
main ditch. Quantity verified
by Froehling and Robertson.
(Rock in water main ditch was
incorporated in Change Order
No. 3, dated 2/26/92.)
Total $ 828.85
Item No. 5:
Provide outlet in entertain-
ment center for television.
Provide empty conduit for
future cable hookup.
Total
Item No. 6:
Furnish and install handrails
in two Mechanical Rooms around
fold-down stairways.
$ 1,824.90
TOTAL AMOUNT OF CHANGE ORDER NO. 5
CONTRACT AMOUNT INCLUDING CHANGE
ORDER NO. 5
Total $ 183.15
Total $ 133.28
$ 5,475.29
$ 515~869.44
3. In order to provide for the usual daily operation of the
municipal government, an emergency is deemed to exist, and this
ordinance shall be in full force and effect upon its passage.
ATTEST:
City Clerk.
Roanoke, Virginia
July 27, 1992
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Members of Council:
Subject:
Change Order No. 5
Crisis Intervention Center
Route 660, Coyner Springs
for City of Roanoke, Virginia
II.
Backqround of the project is as follows:
Contractor is Williams Painting and Remodeling,
Inc. of Roanoke, Virginia.
Construction contract amount, awarded by City
Council on June 17, 1991, is $487t234.00. Project
contingency amount is $34,100.00.
Chanqe Orders 1 thru 4 added $23,160.15 to the
contract total which is now $510,394.15.
D. Pro~ect continqency is now $10,939.85.
Current situation:
A.
Several items were encountered in closing out the
project plus one item that was not billed in a
timely manner; these items need to be paid to
complete this project. They are as follows:
a. Changes to electrical wiring for dishwasher
and range.
b. Change exit fixture lens from green to red at
request of Fire Marshal.
c. Outlet for sound system in Mechanical Room.
d. Additional telephone outlet. Run from
Mechanical Room to Office.
e. Rework drain to fit dishwasher provided by
owner.
f. Additional charge to hook up gas range
provided by owner.
g. Install weatherstripping for bottom of
entrance doors (6).
h. Adjusting rings used on manholes to raise to
corrected grade.
TOTAL $1,989.70
Page 2
a. Add outlet for milk machine.
b. Add outlet for telephone system.
c. Add two pole 20 A service to walk-in
TOTAL
freezer.
$515.41
Add cut-off switch for range hood exhaust
fan.
Add emergency lights in boys & girls toilets
as requested by State Fire Marshal.
Change receptacle in Laundry Room to ground
fault.
TOTAL $828.85
Rock excavation in the sewer main ditch.
Quantity verified by Froehling and Robertson.
(Rock in water main ditch was incorporated in
Change Order No. 3, dated February 26, 1992.)
TOTAL $1,824.90
a. Provide outlet in entertainment center for
television.
b. Provide empty conduit for future cable
hookup.
TOTAL $183.15
a. Furnish and install handrails in two
Mechanical Rooms around fold-down stairways.
TOTAL $133.28
III.
TOTAL AMOUNT OF CHANGE ORDER
Issues in order of importance are:
A. Engineerinq concerns
B. Fundinq
C. Time of completion
$5~475.29
Page 3
IV.
Alternatives are:
Approve the issuance of Change Order No. 5 to the
contract with Williams Painting and Remodeling,
Inc. in the amount of $5,475.29.
Enqineerinq concerns were met in a timely
fashion. The request for payment for~rock
excavation was done in a timely fashion and
cost was calculated from the unit price
quotation submitted with the Bid Form. The
contractor was not billed in a timely fashion
by his sub-contractor.
Fundinq is available in the project
contingency account, 008-052-9637-9003.
3. Time of completion was not delayed.
B. Reject the issuance of Change Order No. 5.
Enqineerinq concerns would not be met in a
timely manner. Most of these additional
costs were encountered near the end of the
project and were the result of coordinating
purchased furniture and equipment items with
conditions within the building.
Fundinq would not be encumbered to pay the
contractor.
Time of completion would have been extended
which would have resulted in additional rent
money being required.
Recommendation is that City Council take the following
action:
A. Concur with the implementation of Alternative "A".
Authorize the City Manager to issue Change Order
No. 5 to the contract with Williams Painting and
Remodeling, Inc. of Roanoke, Virginia in the
amount of $5,475.29 and no additional contract
time. The total contract amount would then be
$515,869.44 and no additional contract time.
Page 4
WRH/LBC/mm
cc:
Director of Finance
City Attorney
Director of Public Works
Director of Human Resources
City Engineer
Citizens' Request for Service
Construction Cost Technician
Respectfully submitted,
W. Robert Herbert
City Manager
MARY F. PAI~KI~I~
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, $.W., Room 456
Roanoke, Virginia 24011
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
July 29, 1992
File #58-192
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Resolution No. 31134-072792 authorizing final settlement with
Industrial Risk Insurers, in the total amount of $749,177.70, for insured losses
resulting from the September 2, 1990 fire in the Roanoke Civic Center Auditorium,
as mope particularly set forth in a report of the City Manager under date of July 27,
1992. Resolution No. 31134-072792 was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, July 27, 1992.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
Eno.
pc:
Mr. Joel M. Schlanger, Director of Finance
Mr. Kit B. Kiser, Director, Utilities and Operations
Mr. Bob E. Chapman, Manager, Civic Center Facilities
Mr. James D. Ritchie, Director, Human Development
Ms. Lauren G. Eib, Risk Management Officer
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 27th day of July, 1992.
No. 31134-072792.
A RESOLUTION authorizing final settlement with the City's fire
insurance carrier for damages resulting from the September 2, 1990,
fire in the Roanoke Civic Center Auditorium, upon certain terms and
conditions.
BE IT RESOLVED by the Council of the City of Roanoke that the
City Manager and City Clerk are hereby authorized to execute and
attest respectively, in form approved by the City Attorney,
appropriate final settlement documentation with the City's fire
insurance carrier, Industrial Risk Insurers, acknowledging payments
to the City totalling $749,177.70 for insured losses resulting from
the September 2, 1990, fire in the Roanoke Civic Center Auditorium,
as more particulariy set forth in the report by the City Manager to
this Council dated July 27, 1992.
ATTEST:
City Clerk
Honorable Mayor and City Council
Roanoke, Virginia
Roanoke, V~rginia
July 27, 1992
92
Dear Members of Council:
Subject: civic Center Auditorium Fire Final Settlement
II.
Back~round:
A. Se tember 2 1990 a fire occurred at the Roanoke Civic Center
Auditorium.
B. Fire was located in the rear southwest corner of the auditorium
lobby, mezzanine and adjoining stairwell. Smoke filled the
auditorium, backstage area and other parts of the building.
C. City's fire insurance (Industrial Risk Insurers) coverage on this
facility is in the amount of $32 million with a deductible of
$5,000.00 for property damage and business interruption.
D. Clean UD and fire damage reDairs have been completed. Auditorium
has reopened.
E. Fire related invoices have been submitted to insurance carrier for
reimbursement.
F. Total reimbursement is $749,177.70 from insurance carrier for the
damage.
Current Situation:
A. Final settlement documentation has been received by the City from
the carrier and requires approval and an authorized signature.
III. Recommendation:
ae
City Council authorize the City Manager and the City Clerk to
execute and attest, respectively, in a form approved by the City
Attorney, appropriate documentation for the final settlement with
Industrial Risk Insurers in the total amount of $749,177.70 for
insurance payments for the Civic Center Auditorium fire.
Respectfully submitted,
W. Robert Herbert
City Manager
LGE:tlw
City Attorney
Director of Finance
Director of Public Facilities
Director of Human Development
Manager, Civic Center
Risk Management Officer
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, $.W., Room 456
Roanoke, Virginia 24011
Telephone: (703) 981-2541
SANDRA H, EAKIN
Deputy City Clerk
July 29, 1992
File #58-122
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Resolution No. 31135-072792 authorizing final settlement with
Bankers and Shippers Insurance Company, accepting payment of $10,094.31 for
damage to Victory Stadium and $24,081.69 for damage to the National Guard Armory,
such claims arising out of the April 21, 1992 flood, as more particularly set forth in
a report of the City Manager under date of July 27, 1992. Resolution No. 31135-
072792 was adopted by the Council of the City of Roanoke at a regular meeting held
on Monday, July 27, 1992.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
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pc:
Mr. Joel M. Schlanger, Director of Finance
Mr. George C. Snead, Jr., Director, Public Safety
Mr. Gary N. Fenton, Manager, Parks and Recreation
Ms. Wands B. Reed, Manager, Emergency Services
Mr. James D. Ritchie, Director, Human Development
Ms. Lauren G. Eib, Risk Management Officer
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 27th day of July, 1992.
No. 31135-072792.
A RESOLUTION authorizing final settlement with the City's
insurance carrier for damages to Victory Stadium and the National
Guard Armory resulting from the April 21, 1992 flood.
BE IT RESOLVED by the Council of the City of Roanoke that the
City Manager and the City Clerk are hereby authorized to execute
and attest, respectively, in form approved by the City Attorney,
appropriate final settlement documentation with Bankers and
Shippers Insurance Company, accepting payment in the amount of
$10,094.31 for damage to Victory Stadium and $24,081.69 for damage
to the National Guard Armory, such claims arising out of the April
21, 1992 flood, as more particularly set forth in the report by the
City Manager to this Council dated July 27, 1992.
ATTEST:
City Clerk.
Roanoke, Virginia
July 27, 1992
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Subject: Flood damage to City Property
Background:
A. April 21, 1992 a flood occurred in the City of Roanoke.
City has various buildings insured under The National Flood Act of
1968 through Bankers and Shippers Insurance Company.
Victory Stadium and the National Guard Armory were the only two
City owned buildings to incur substantial flood damage.
Flood insurance for these two City owned facilities is in the
amount of $215,000.00 for Victory Stadium and $258,000.00 for the
Armory. There is a deductible of $3,000 on each building for
property and another $3,000 for contents, when applicable.
Insurance coverage to Victory Stadium included interior clean up,
repair of motors and lost revenue from police auction for bicycles
and electronic equipment. Damage to the National Guard Armory was
to the floor tile, doors and woodwork.
II.
Current Situation:
A.
B.
Bankers and Shippers Insurance Company was put on notice of the
flood and the related damages. A claims adjustor has been sent to
review the damages.
"Proof of Loss" for each claim has been received by the City. The
insurance settlement for Victory Stadium is $10,094.31 and
$24,081.69 for the National Guard Armory.
Proofs have been reviewed by the City's Risk Management Officer
for accuracy and settlement of claim. The proposed insurance
settlement was found to be appropriate.
Page 2
III. Recommendation:
CC:
City Council authorize the City Manager and the City Clerk to
execute and attest, respectively, in form approved by the City
Attorney, appropriate documentation for the final settlement with
Bankers and Shippers Insurance Company in the total amount of
$34,176.00 for insurance payments for both the Victory Stadium and
the National Guard Armory.
Respectfully submitted,
W. Robert Herbert
City Manager
City Attorney
Director of Finance
Director of Public Safety
Director of Human Development
Coordinator, Emergency Services
Risk Management Officer
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
July 29, 1992
File #70-188
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Resolution No. 31136-072792 authorizing an agreement between
the City and the Commonwealth of Virginia Department of Emergency Services to
provide for continuation of the Regional Hazardous Materials Response Team, for a
term of two years commencing July 1, 1992, with an option to terminate upon 30 days
written notice, said agreement authorizing the City to join with the City of Salem to
continue the Level III Regional Response Team. Resolution No. 31136-072792 was
adopted by the Council of the City of Roanoke at a regular meeting held on Monday,
July 27, 1992.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
Enc.
pc:
Mr. Joel M. Schlanger, Director of Finance
Mr. George C. Snead, Jr., Director, Public Safety
Ms. Wanda B. Reed, Manager, Emergency Services
Mr. Rawleigh W. Quarles, Fire Chief
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703) 981-2~41
SANDRA H. EAKIN
Deputy City Clerk
July 29, 1992
File #70-188
Mr. Randolph M. Smith
City Manager
City of Salem
P. O. Box 869
Salem, Virginia 24153
Dear Mr. Smith:
I am enclosing copy of Resolution No. 31136-072792 authorizing an agreement between
the City and the CommOnwealth of Virginia Department of Emergency Services to
provide for continuation of the Regional Hazardous Materials Response Team, for a
term of two years commencing July 1, 1992, with an option to terminate upon 30 days
written notice, said agreement authorizing the City to join with the City of Salem to
continue the Level III Regional Response Team. Resolution No. 31136-072792 was
adopted by the Council of the City of Roanoke at a reg~llar meeting held on Monday,
July 27, 1992.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
Eno.
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 27th day of July, 1992.
No. 31136-072792.
VIRGINIA,
A RESOLUTION authorizing an agreement between the City and the
Commonwealth of Virginia Department of Emergency Services to
provide for the continuation of the Regional Hazardous Materials
Response Team.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City Manager or Assistant City Manager is hereby
authorized, for and on behalf of the City, to enter into a written
agreement with the Commonwealth of Virginia Department of Emergency
Services for a term of two years commencing July 1, 1992, with the
option to terminate upon thirty (30) days written notice. The
agreement shall authorize the City to Join with the City of Salem
to continue the Level III Regional Response Team.
2. The agreement shall be approved as to form by the City
Attorney.
ATTEST:
City Clerk.
Roanoke, Virginia
July 27, 1992
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
SUBJECT:
Regional Hazardous
Materials Response
Team Agreement
I concur with the recommendations of the Fire
Department relative to the above subject and recommend it to
you for appropriate action.
Respectfully submitted,
W. Robert Herbert
City Manager
cc: City Attorney
Director of Finance
Roanoke, Virginia
July 27, 1992
The Honorable Mayor and City Council
Roanoke, Virginia
RE: Regional Hazardous Materials Response Team
Agreement
Dear Members of Council:
I. BACKGROUND:
June 1991, City Council authorized the City
Manager to enter into a one-year agreement
with the Commonwealth of Virginia Department
of Emergency Services (VDES) to continue
furnishing Level III Regional Hazardous
Materials Response Team and respond to calls,
at the request of VDES, within a designated
region of the State. A Level III is defined
as a technical response to spills or releases
of any classification of hazardous materials
or extremely hazardous substances requiring
the use of special protective clothing and
equipment. Also, responders must be trained
to a Hazardous Materials Technical level or
greater.
Be
Roanoke Valley has been identified as being
at high risk for accidents involving
hazardous materials due to the high volume of
chemicals being transported through the City
on the interstate system and railroad.
Ce
Current Roanoke Valley Regional Hazardous
Materials Response Team consists of
firefighters from Roanoke City and City of
Salem who have been trained to respond to
hazardous materials incidents.
De
Response History for the last two fiscal
years is as follows: FY90-91 - One (1)
response; FY91-92 - Seven (7) responses (July
1, 1990 - June 30, 1992).
II. CURRENT SITUATION:
ae
Regional Hazardous Materials Response Team
Agreement expired June 30, 1992.
Regional Hazardous Response Team Agreement
Page 2
III.
Be
Virginia Department of Emergency Services has
requested that a new agreement be entered
into beginning July 1, 1992 for a two-year
period.
Ce
City of Roanoke and City of Salem wi]]
comprise the regional team and will respond
to all Level III responses within the
territory.
The City staff has determined that a Level
III response capability should be maintained
due to the identified high risk status for
hazardous materials incidents in the City of
Roanoke and that participation in a Regional
Response Team program would be the most cost
effective approach for the City.
City Council approval and authorization to
enter into such an agreement is required if
the City wishes to participate in this
"Regional Response Team".
Terms of the proposed Agreement define City
and State responsibilities, response
procedures, line of authority, reimbursement
procedures, insurance and legal
responsibilities and a termination clause.
Members of Roanoke City Fire Department will
continue to participate in State-sponsored
Level III Hazardous Materials training.
He
The City Attorney's Office has been involved
in the development of the proposed agreement
between the City of Roanoke and the State
Department of Emergency Services.
ISSUES:
A. Level of Service
B. Funding
C. Liability
Regional Hazardous Response Team Agreement
Page 3
IV.
ALTERNATIVES:
City Council authorize the City Manager to
enter into an agreement with VDES for a
"Regional Hazardous Materials Response Team"
for two years beginning July 1, 1992.
Level of Service will be maintained at a
Level III response.
2. Funding -
a)
State funding in the amount of
$30,000 for program maintenance and
up to $10,000 for required annual
physicals for team members is
estimated for this agreement.
b)
Ail salaries, wages and expenses
incurred during a VDES authorized
Level III response will be directly
reimbursed to the City. This
includes all call back to maintain
a minimum staff for fire
suppression and for Level III calls
within the City of Roanoke.
3. Liability -
a)
Commonwealth of Virginia will
provide liability insurance
coverage for the Regional Response
Team, and will assume
responsibility for any and all
foreseeable acts or omissions
arising out of or occurring during
responses under this agreement.
b)
City of Roanoke personnel will be
deemed to be agents of the State
during all Level III responses.
c)
The Commonwealth of Virginia will
provide legal representation for
the City or its employees at no
cost for any legal matter resulting
from a Regional Response Team
activity.
Regional Hazardous Response Team Agreement
Page 4
d)
The Commonwealth of Virginia will
provide payment for vehicle damage
up to $1,000. If a third party is
involved in an accident, and is at
fault, collection will be attempted
by the City from the third party·
City Council not authorize the City Manager
to enter into an agreement with VDES for a
"Regional Response Team" and City provide
Level III only within its boundaries.
Level of Service would suffer as State
assistance to maintain this level would
not be available locally and response to
Level III incidents would have to be
provided by another Level III team which
may be several hours away from Roanoke.
2. Funding
a)
Level III must be funded entirely
by City. Fiscal Year 92-93 budget
does not provide funds to maintain
a Level III response capability.
b)
City would not receive maintenance
funding totaling $30,000,
reimbursement for cost of annual
team members physicals,
reimbursement of expenses incurred
during response, cost of medical
monitoring for personnel, state
share of Workman's Compensation or
training cost.
Liability - The City of Roanoke would
not receive liability insurance
protection, legal representation and
other advantages which the Commonwealth
will provide under the proposed
Agreement.
City Council not authorize the City Manager
to enter into an agreement with VDES for a
"Regional Response Team" and provide Level
III response capability within its own
boundaries.
Regional Hazardous Response Team Agreement
Page 5
Level of Service would suffer as State
assistance to maintain this level would
not be available locally and response to
Level III incidents would have to be
provided by another level III team which
may be several hours away from Roanoke.
Fundin~ - City of Roanoke would have to
fund all costs for Level II.
Liability - Claims may be filed against
the City for problems arising out of
Level III incidents within the City.
The City would not receive the liability
insurance, legal representation and
other advantages which the Commonwealth
will provide under the proposed
Agreement.
RECOMMENDATION:
A. City Council concur with Alternative "A" and
authorize the City Manager to enter into an
agreement with the Commonwealth of Virginia,
Department of Emergency Services to
participate in a Regional Hazardous Materials
Response Team for a period of two (2) years
beginning July 1, 1992 with the option to
terminate upon thirty (30) days written
notice. This agreement shall be in a form
approved by the City Attorney.
Respectfully submitted
City Manager
:t
CC:
City Attorney
Director of Finance
Director Public Safety
Fire Chief
Manager Emergency Services
CITY OF ROi~NOI~, VIRGINIA
VIRGINIA DEPARTMENT OF EI, I~KGENCY SERVICES
REGIONAL HAZARDOUS NAT~IALS INCIDENT RESPONSE TEAM
LEVEL III
*** MUTUAL AID AGl~ENT ***
Commonwealth's program to protect the environment and the
health, safety, and welfare of the people of the
Commonwealth from the dangers and potential dangers of
accidents ~nd incidents involving hazardous materials by
entering into a cost-sharing agreement for Roanoke City to
provide hazardous materials emergency response as part of
the Roanqke Valley Regional Response Team within Roanoke
City and selected jurisdictions within the Commonwealth of
Virginia.
FOR AND IN CONSIDERATION of the mutual promises,
covenants and agreements hereinafter set forth, and pursuant
to the Code of Virginia, Section 44-146.36, VDES and CITY,
with the intent to be legally bound, enter into a Mutual Aid
Agreement for CITY to establish a REGIONAL HAZARDOUS
MATERIALS INCIDENT RESPONSE TEAM in support of the Virginia
Hazardous Materials Response Program. This team will
provide a Level III response to incidents involving all
hazards classes and containment/transportation vehicles.
FOR THE PURPOSE OF THIS AGREEMENT,
below shall have the following meanings
clearly requires otherwise:
the terms set forth
unless the context
I. DEFINITIONS:
A. Level III Response - Response to an incident
inVOlving hazardous materials team at the request
of VDES or by notification from CITY to VDES of a
team response to such an incident. Such response
b~gins when either VDES or CITY makes the required
notification, and terminates after cleanup is
completed.
Level III Training - Training in hazardous
materials emergency response including, but not
limited to, chemistry of hazardous materials,
technical decontamination, operation of detection
and monitoring equipment, personnel protection and
safety, leak
and team
consolidated
intervention,
organizations
course of
Hazardous Materials Technician may be
for the individual courses.
radiological response,
and functions. A
instruction entitled
substituted
Hazardous Materials - Hazardous materials as
defined in Virginia Code Section 44-146.34.
Roanoke Regional Response Team - CITY's Fire
department Hazardous Materials Response Team.
VDES H140 - Haz Mat Officer
of Virginia Department of
regional responses.
representing interest
Emergency Services on
II. RESPONSIBILITIES OF CITY:
CITY agrees to maintain Level III training
proficiency for all team members by having
them take refresher courses and participate
in annual drills or exercises developed or
sponsored by VDES.
B. Roanoke City agrees to provide:
A group of 24 persons with Level III
training.
Necessary response vehicles and
equipment with adequate garaging,
storage, and maintenance thereof, in
accordance with reasonable safety and
operating standards.
Response to Level III haz mat incidents, at
the request of VDES, 24-hours per day, seven
days a week, within an assigned response
area, within 45 minutes of notification. See
APPENDIX A for response procedures.
'. 4. Access to team equipment and to team
training records by the VDES Regional
Hazardous Materials Officer (HMO) during
normal business hours, by appointment
only.
Records to VDES for previously conducted
baseline medical examinations for all
team members and leaders.
The cost of initial base line medical
examinations for all new regional team
members.
To VDES within ten working days
following the close of an incident, an
itemized written statement of the
expenses incurred for a Level III
response, including:
Salaries, wages, fringe benefit
costs of response personnel, and
other expenses incurred during a
response. Portal to portal time,
plus three hours for equipment
cleanup are authorized. Wages and
fringe benefits for salaried
personnel will be paid at
responders current rate at time of
response. Rates will be
renegotiated when this agreement
term is concluded.
be
Ail salaries and wages associated
with call back personnel.
Cost to repair and/or replace
supplies and equipment consumed or
damaged during a response,
excluding vehicles.
de
Total charges for hazardous
materials response vehicles. See
APPENDIX B for equipment rates.
CITY will maintain, with VDES financial
Assistance, a minimum Level III response equipment
inventory as per CITY standards using APPENDIX C
as a reference guide.
De
CITY agrees to comply with the Commonwealth of
Virginia, Department of Labor and Industry,
regulations for occupational safety and health as
found in Code of Federal Regulations 1910.120,
Hazardous Waste Operations and Emergency Response.
III. RESPONSIBILITIES OF VDES:
VDES shall request Level III response team
assistance in accordance with the procedures
set forth in APPENDIX A.
Provide funds required to complete and
maintain the minimum Level III inventory as
specified by VDES in APPENDIX B.
Reimburse directly to CITY all eligible
expenses incurred during a VDES authorized
Level III response, within 60 days following
receipt of an itemized statement of expenses.
See APPENDIX D.
Provide all required Level III training. If
training is held outside Roanoke City, cost
of travel and per diem for each member will
be paid.
Provide Workers' compensation coverage for
response team members injured or who become
ill during or as a result of a Level III
response in accordance with the Workers'
Compensation Act.
Pay Roanoke City actual cost of damage, up to
$1,000, for each vehicle that is damaged as a
result of a VDES authorized response. This
is the maximum VDES will pay for any one
vehicle, regardless of the amount of damage.
If a third party is involved in an accident
and is at fault, then collection will be
attempted by CITY from the third party before
VDES will reimburse.
VDES will accept an itemized bill, verified
by the VDES HMO, from the Level III
jurisdiction and will provide direct
reimbursement. Internal VDES procedures are
established to insure that the verification
process is assured. The jurisdiction
receiving the Level III support (except if
the incident occurred within the regional
team jurisdiction) will not receive any
direct reimbursement for their efforts.
Approved costs will be included in the
financial recovery process authorized by the
Code of Virginia. The Level III costs will
also be included in the recovery process.
IV.
USE OF VDES FUNDS: Ail funds reimbursed to or
passed through CITY from VDES pursuant to this
agreement shall be used only to provide for
hazardous materials response program expenses, and
shall not be used to supplant or replace funds for
any other program or activity.
REFUSAL TO RESPOND: CITY reserves the right to
refuse to respond to a VDES request for Level III
r~sponse if CITY's team is already committed to
other emergency activities, and/or if any one of
the valley vehicles are out-of-service. CITY will
notify VDES HMO if haz mat vehicle will be
out-of-service for extended periods of time.
VI.
RESPONSE AREA: Outlined in APPENDIX E.
VII.
· £~/~4INATION: This agreement may be terminated by
either party upon 30-days written notice thereof
to the other party.
VIII.
AMENDMENTS: This agreement may be amended in
writing and by mutual agreement of all parties.
IX.
OWNERSHIP OF EQUIPMENT PURCHASED: Notwithstanding
anything to the contrary contained in this
agreement, equipment purchased during this
agreement shall become the property of CITY after
this agreement terminates.
MUTUAL AID: This agreement shall not pre-exempt
~any existing mutual aid agreement (written or
verbal) now in effect by CITY.
XI.
LINE OF AbT~ORITY: If, at any time during the
term of this agreement, the Code of Virginia is
changed in any way to diminish or alter the
authority of the local fire chief at any hazardous
materials incident, this agreement shall be
terminated.
XII.
ANNUAL APPROPRIATION: This agreement is subject
to annual appropriations by the City Council of
CITY. In addition, this agreement is subject to
appropriations and budget constraints authorized
by the Virginia General Assembly.
XIII.
COMPENSATION FOR SERVICES RENDE~n: VDES shall
pay CITY the sum of thirty thousand dollars
($30,000) to be paid in two (2) fifteen thousand
($15,000) increments, on or before August 1, 1992
and August 1, 1993. These funds may be used for
vehicle, equipment, supplies or remaining
expenses, as determined by the CITY. In addition,
VDES agrees to pay the CITY a minimum of ten
thousand dollars ($10,000) for annual physicals.
This payment shall be within forty-five (45) days
of VDES receiving physical voucher.
XIV.
LIABILITY INSIIRANCE: The Commonwealth of Virginia
shall provide coverage for the Regional Response
Team, for any and all foreseeable acts or
omissions arising from responses against CITY, the
Roanoke City Fire Department or any CITY employee.
XV.
%q~{ICT.R INSURANCE: In the event of a vehicle
accident involving CITY response vehicle(s), the
total amount up to the $1,000 deductible portion
of the insurance claim(s) shall be charged to VDES
as a part of the response expense. This cost will
be accessed on all VDES authorized response
regardless of where the accident occurs.
XVI.
LEGAL REPRESENTATION: VDES agrees to pay all
payments necessary to bring response team members
within the plan created under Virginia Code
Section 2.1-526.8 for protection against liability
for damages and the provision of legal defense
against claims for such damages.
XVII.
RELATIONSHIP TO ~£~/~ PARTIES: It is not intended
by any of the provisions of any part of this
agreement to confer a benefit upon any other
person, or entity not a party to this agreement to
maintain a suit pursuant to the terms of
provisions of this agreement, including, without
limitation, any claim
injuries, wrongful death,
of profits or expenses.
or suit for personal
property damage, or loss
XVIII.
DURATION OF CON'£~ACT:
effect beginning July
June 30, 1994.
This contract is to be in
1, 1992, and will expire
IN WITNESS WHEREOF, the parties have caused this agreement
to be executed by the following duly authorized persons:
VIRGINIA DEPARTMENT OF ~RGENCY SERVICES
BY:
TITLE: State Coordinator
DATE:
ROANOKE CITY
BY:
TITLE: City Manager
DATE:
RESPONSE PROCEDURES
There are two basic scenarios for a Level III response
requiring a regional team: an incident outside the
jurisdictions of a regional response team, and an incident
within their jurisdictions. With these two possibilities,
certain ground rules must be applied before a state Level
III response is authorized and, subsequently a regional
response team dispatched and reimbursement authorized.
Response procedures are:
1. VDES is notified of the incident.
VDES HMO for the jurisdiction involved is
contacted and in turn, contacts the calling party.
The VDES HMO, in coordination with the affected
jurisdiction, declares a Level III response.
VDES HMO responds along with the regional Level
III team.
For a Level III incident within a response team's home
jurisdiction, the notification process is the same as above.
VDES will respond with the team and treat the incident as a
Level III response.
I. LINE OF AUTHORITY:
ae
When the Roanoke Valley Regional Response Team is
activated, the team will report to the local fire
chief or the chief's designee having jurisdiction.
Be
The Roanoke Valley Regional Response Team Leader
shall maintain authority and control over the team
members.
If, in the event there is a conflict in management
decisions between the local authority, or the VDES
HMO and the regional hazardous materials
supervisor or the local authority, or the VDES HMO
i~itiates or fails to initiate any action or
decision that would jeopardize the safety of the
regional hazardous materials personnel or
equipment, the regional team leader shall have the
authority to terminate the regional response and
return to their locality. There shall be no
recourse against the regional hazardous materials
team leader, the regional hazardous materials team
personnel, or to CITY.
II. STAGES OF RESPONSE=
Roanoke Regional Response Team Leader, along with
VDES HMO shall determine level of response.
III. ROANOKE VAT.r. EY HAZ MAT REGIONAL RESPONSE (PLAN "A"):
The two teams comprising the Roanoke Valley Haz
Mat Response Team (City of Roanoke and City of
Salem) will respond personnel and equipment upon
request from VDES.
CITY will respond five (5) responders, one (1)
equipment truck, and Command 4 or a haz mat team
leader.
Salem City will respond give (5) responders, one
(1) equipment truck and Car 3 or a haz mat team
leader.
This level of response is for the purpose of Level
III mitigation and assessment with a maximum level
of personnel. VDES Regional HMO will screen the
call and advise the Roanoke Valley Haz Mat
Officer.
IV. ROANOKE VALLEY HAZ MAT REGIONAL RESPONSE (PLAN "B"):
The two teams comprising the Roanoke Valley Haz
Mat Response Team will respond personnel and
equipment upon request from VDES.
CITy will respond the equipment van (5 breathing
apparatus with spares) with 5 persons and Command
4 (staff car) with 1 person.
Salem City will respond Car 3 (van) with 5 persons
plus team leader and HM1 (equipment vehicle).
This level of response is for the purpose of
assessment and reconnaissance with a minimum of
personnel. The VDES HMO will screen the call and
determine the appropriate level of response
needed. The plan "B" response can be upgraded to
a~ plan "A" response. Plan "B" response will be
predetermined by the following situations:
1. Petroleum spills
2. Illegal disposal/unknown drums
Assist state agency/agencies with
investigations.
Note:
Plan "B" response is not
above. Plan "B" response is
of twelve persons.
limited to listings
limited to a maximum
Ee
A representative from the Roanoke Valley Team will
be available, upon request, to access a situation
in the absence of a Regional HMO.
V. ROANOKE VALLEY HAZ MAT REGIONAL RESPONSE (PLAN "C"):
The two teams comprising the Roanoke Valley Haz
Mat Response Team will respond personnel and
equipment upon request from VDES.
CITY will respond the equipment van with 2
persons, detection and monitoring meters and
Command 4.
Salem City will respond Car 3 (van) with 2 persons
plus team leader and HM1 (equipment vehicle).
A representative from the Roanoke Valley Team will
be available, upon request, to access a situation
in the absence of a VDES HMO.
~PPENDII[ B
E~UIP[4ENT 1L~TES
HAZ MAT TRUCK
$100 per day (minimum)
charge per response)
PUMPER
$100 per day (minimum
charge per response)
AUTOMOBILES,
PICKUPS, CRASH
TRUCKS, UTILITY, VEHICLES,
AMBULANCES, ETC.
$20 each per day plus
cost of fuel
APPgI~IX ¢
MINIMU~ EQUIP~IENT LIST FOR HAZARDOUS MATERIALS RESPONSE
LEVEL II-E AND LEVEL III
REFERENCE MA'£~u~IAL:
CHRIS Manuel
Merck Index, llth Edition
Emergency Action Guides, Association of American
Railroads
Emergency Handling of Hazardous Materials in
Surface Transportation, Association of American
Railroads, 1989
Fire Protection Guide on Hazardous Materials,
NFPA, 10th Edition
MSDS's, (i.e. Genium Corporation)
DOT Emergency Response Guidebook, 1990
Farm Chemicals Handbook, Meister Publishing
Agricultural Chemical Series, Volume 1-4, Thomson,
Current Editions
NIOSH Pocket Guide to Chemical Hazards, 1987
Rapid Guide to Hazarouds Chemicals in the Work
Place, Sax and Lewis, 3rd Edition
GATX Tank Car Manual, GATX, 5th Edition
Hawley's Condensed Chemical Dictionary, Sax &
Lewis, llth Edition
handbook of Toxic and hazardous Chemicals and
Carcinogens, Sittig, 2nd Edition
Hazardous Chemical Desk Reference, Sax & Lewis,
llth Edition
TLV Guidebook, ACGIH, Current Edition
Guidelines for Selection of Chemical Protective
Clothing, ACGIH, 3rd Edition
Quick Selection Guide to Chemical Protective
Clothing, Forsberg
Matheson Gas Data Book, Matheson
Hazardous Materials Injuries, Stutz, 2nd Edition
Emergency Care for Hazardous materials Exposure,
Bronstein, 1988
Effects of Exposure to Toxic Gases, First Aid,
Matheson, 2nd Edition
Clinical Toxicology of Commercial Products,
Williams & Wilkens, 5th Edition
Clinical Toxicology of Commercial Products,
Williams & Wilkens, 5th Edition
Dangerous Properties of Industrial Materials, Sax,
7th Edition
DI P~CTION/F~I~ITO£ING
Combustible Gas/02 Toxic Gas Meter, 1 each
Combustible Gas Indicator (aspiration bulb type),
1 each
Colormetric Indicating Tube Kit with appropriate
tubes for identification of unknown compounds, 1
each, plus the following tubes (1 box each)
ammonia, chlorine, ethylene oxide,
formaldehyde, hydrazine, hydrochloric acid,
hydrogen sulfide, methyl ethyl ketone,
perchloroethylene, water vapor, and any
additional tubes deemed necessary for your
response area.
Photo-ionization detector (OPTIONAL)
pH paper, 2 each
Water Finding Test Pager, 2 each
Radiation Monitoring Equipment
CDV-715 (gamma) Survey Meter, 1 each
CDV-700 (beta/gamma) Survey Meter, 1 each
Ludlum 14C (alpha/beta/gamma) Survey Meter, 1
each
- CDV-138 Pocket Dosimeter (0-200 mR), 8 each
- CDV-742 Pocket Dosimeter (0-200 R), 8 each
- CDV-750 Pocket Dosimeter Charger, 1 each
Pesticide Screening Kit, 1 each
PCB Test Kits:
- Clor-N-Soil, 2 each
- Clor-N-Oil 50, 2 each
- Clor-D-Tect 1000, 2 each
Leak Detectors (Soap Solution, Ammonium Hydroxide,
etc.)
SAMPLING E~UIPMENT:
Drum Thieves, 6 each
Coliwassa Tubes, 6 each
Scoops, 6 each
Trowels, 6 each
Sample Jars:
6 ounce wide mouth, with lids,
8 ounce wide mouth, with lids,
Gla~s pipettes with aspiration bulb,
Plastic pipettes, 6 each
Syringes, 10cc, 6 each
Tweezers, Plastic, 6 each
Squirt Bottle, small 2 each
S~uirt Bottle, large, 2 each
Distilled Water, 1 quart
1 case
1 case
6 each
SCBA, 60 minute, 8 each
SCBA spare cylinders, 8 each
Turnout gear, 8 complete sets
Butyl Encapsulating Suits, 4 each (OPTIONAL LEVEL
II-E)
Viton Encapsulating Suits, 4 each (OPTIONAL LEVEL
II-E)
Saranex Full Coverage Suits, 12 each
PVC Coveralls with hood and booties, 12 each
Polyethylene Coated Tyvek Coveralls with hood and
booties, 12 each
Standard Tyvek Coveralls with hood and booties, 12
each
Viton Gloves, Heavyweight, 12 pair
Butyl Gloves, Heavyweight, 12 pair
Neoprene Gloves, Heavyweight, 12 pair
PVA Gloves, Heavyweight, 12 pair
North Silver Shield Gloves, 1 pack
Latex Underglove, 1 box, 100 per box
Thermal Protective Gloves, 4 pair
Leather Work Gloves, 12 pair
PVC Boots, 12 pair
PVC/Nitrile Boots, 6 pair
Butyl Overboots, 8 pair
Latex Overboots, 12 pair
Vinyl Overboots, 12 pair
Saranex Overbooties, 24 pair
Splash Goggles, 6 pair
Shovels, round point, 2 each
Shovels, square point, 2 each
Shovels, scoop, non-sparking, 2 each
Pike pole, 8', 1 each
Pick-head Axe, 1 each
Flat-head Axe, 1 each
Haligan bar, 1 each
Street Brooms, 2 each
Plumber Wrench Chain Type, 1 each
Bolt Cutters, 36", 1 each
Bung Wrench, non-sparking, 1 each
Bung Wrench, standard, 1 each
Drum Upender, 1 each
Drum Truck, 1 each
Drum Sling, 1 each
Rotary Transfer Pump, petroleum type, 1 each
Drum pump, Acid Compatible, 1 each
Tool kit, standard, 1 each
Tool kit, non-sparking, 1 each
Wrecking Bar, 24", 1 each
Knife, common, 3 1/8" blade, 1 each
Knife, putty, 2" x 4", 1 each
Mallett, 4 pound, 1 each
Sledge hammer, 1 each
Floor squeegees, 2 each
Air Drill, 1 each
Hole Saws, 4", 3 each
Air Regulator for SCBA Cylinder,
Air Hose, 50', with connectors
Pipe Wrenches:
1 each
36", 1 each
24", 1 each
8", 1 each
AND SPILL CON'£KOL E~UIP~ENT:
Chlorine A Kit, 1 each
Chlorine B Kit, 1 each
Chlorine C Kit, 1 each, (OPTIONAL LEVEL II-E)
Edwards/Cromwell repair kit, "A" - or equal
assorted equipment
Edwards/Cromwell repair kit, "B" - or equal
assorted equipment
Edwards/Cromwell repair kit, "C" - or equal
assorted equipment
Edwards/Cromwell repair kit, "D" ~ or equal
assorted equipment
Assorted Epoxy and Latex Sealants
Ass~rted Clamps, Plugs, and Patch Items
Taper plugs, wooden, sizes 1" 6", 1 each
Dome Clamps, 6 each
Filter Fence Components:
- Wire Screen (chicken wire), 3 rolls
- Fence Posts, 6', 18 each
Utility Wire, 1 roll
Materials for underflow dams:
- PVC pipe, 4" x 3', 6 each
- PVC pipe, 6" x 3', 6 each
Absorbent Booms, 5 bales, 4 booms/bale
Absorbent Pads, 5 bales, 100 pads/bale
Particulate Absorbent, 10 bags
Clay type absorbent, 15 bags
Other absorbents as needed
Soda ash, 100 pounds
Plug 'n Dike, 5 gallon container, dry type, or
equivalent
Lead wool
DECONTAMINATION EQUIPMENT:
- Decon Shower
- Traffic Cones, 10 each
Brushes, short handle, 6 each
Brushes, long handle, 6 each
5/8" Garden hose, 50' sections, 4 each
Polyethylene sheeting, 20' x 100', 1 roll
Garden hose nozzles, 4 each
Containment Pools, 12 each
5-gallon buckets, 5 each
32-gallon plastic bags, 24 each
1 1/2" NSFT female to 5/8" garden hose adaptor,
each
5/8" Pipe Thread Manifold, 1 each
5/8" Gated Wye, 2 each
20 lbs. TSP
20 lbs. Detergent
10 lbs. Sodium Bicarb
Additional Cleaning Solutions/Neutralizers as
necessary
Hand Operated Diaphragm pump (i.e. Guzzler Pump)
each
2
SAF ~-','~ EQUIPMENT:
Trauma-type first aid kit, 1 each
Emergency eye wash, 1 each
Fire blankets, 2 each
Timer or Stopwatch, 1 each
Sgfety harness with retrieval ropes, 1 each
20 lb. ABC fire extinguisher, 1 each
Class "D" fire extinguisher, 1 each
Megaphone, 1 each
Handlights, explosive proof, 12 each
Protable lights, explosive proof, 4 each
Banner tape, 4 rolls
Copper grounding rods, 3/4" x 4' (minimum length)
3 each
Grounding Cables, point-type clamp one end,
alligator clamp one end, 1/8" stainless steel
(uninsulated), 50' minimum 2 each
Bonding Cable, point-type clamps on both ends,
1/8" stainless steel (uninsulated), 50' minimum, 1
each
Grounding and bonding cables for drums, 3 each
Ohm Meter, with R x 1 setting
MISCELLANEOUS EQUIP~2~T:
Overpack Drums, quad pack, (85 gallon, 55 gallon,
30 gallon, 8 gallon), 2 sets
Poly Overpack Drums, 2 each
Plastic buckets, 5 gallon, with lids, 4 each
Assorted bung caps
Electric Cord Reels, 12/3 wire, 200'
Weather Kit:
- Thermometer, 1 each
- Anemometer, 1 each
- Hygrometer, 1 each
Binoculars, 2 each
Camera, 35mm with flash, telephoto lens
Command vests, 8 each
Office supply kit (notepads, pencils, etc.)
CO~4UNICATION EQUIPMENT:
Multi-channel portables with chargers, 8 each
Vehicle mounted radios, as required
In-~uit communication devices, 4 each, (OPTIONAL
LEVEL II-E)
These
occurs
penalized if
jurisdiction
response.
APPENDIX D
REI~IBURSEI4ENTPROCEDURES
procedures apply regardless of where the incident
in Virginia. Level III jurisdictions will not be
a Level III response is required within their
and, therefore, will be reimbursed for the
Reimbursement procedures for regional Level III teams are:
1. Payment of salary and wages, expenses (meals, lodging,
etc.) for hazardous materials
responding from the Level III
portal time will apply. A
in-house equipment cleanup time will
technicians involved in the. response
associated with call back personnel.
officers and technicians
jurisdiction. Portal to
total of three hours
be allowed for
and also costs
Payment for or resupply of expendable materials used
during the incident.
Payment for or replacement of nonexpendable items
(suits, air packs, etc.) damaged beyond economical
repair. A statement from CITY will be required
documenting extent of damage, to include length of time
in use, and condition of item at time of damage, which
will indicate if item needs to be repaired or replaced.
This is not intended for proration of equipment.
Payment for repair of nonexpendable items.
5. Payment of workers' compensation claims.
Payment for vehicle insurance deductible only (up to
$1,000) if the vehicle is involved in an accident on a
Level III response. If a third party is involved in an
accident and is at fault, then collection will be
attempted by CITY from the third party before VDES will
reimburse.
VDES will accept an itemized statement, with all
responding personnel listed, plus all equipment and
vehicles used, verified by the VDES HMO, from the Level
III jurisdiction and will provide direct reimbursement
to the individual jurisdictions. Payment will be made
within 60-days after receipt of the verified bill at
the VDES Richmond office.
Internal VDES procedures are established to insure that
the verification process is assured. The jurisdiction
receiving Level III support (except if the incident
occurred within the regional team jurisdiction) will
not receive any direct reimbursement for their efforts.
Approved costs will be included in the financial
recovery process.
For a Level III incident within a response team
jurisdiction, reimbursement procedures as listed above
would apply, along with the financial recovery process.
APPENDIX E
RESPONSE AREA FOR
ROANOKE VALLEY I~EGIONAL RESPONSE TEA~
Roanoke County
Roanoke City
Salem City
Franklin County
Alleghany County
Bath County
Henry County (West of Route 220)
Floyd County
Rockbridge County (South of 1-64/I-81 interchange)
Botetourt County
Campbell County
Bedford County
Bedford City
Patrick County
Craig County
Appomattox ~ounty
Vinton, Town of
Martinsville City
Covington:City
Clifton Forge City
Lynchburg City
Buena Vista City
Montgomery County (E. of 460 W to Blacksburg, E. of 1-81 Rt.
8)
July 1, 1992
office of the Council
David A. Bowers
Mayor
Honorable Mayor and city Council
Roanoke, Virginia
SUBJECTs Annual Report of the Audit Committee of Roanoke City
Council
Dear Mrs. Bowles and Gentlemen:
The purpose and function of the Audit Committee as stated in the
city Code at Chapter 2-298(b) is:
"The audit committee shall act in an advisory capacity of
the council, the municipal auditor, the director of finance
and the city manager in matters relating to the city's
financial records and to that end shall have the right to
have immediate access to all records and reports relating to
financial matters and transactions of the city or of matters
and things affecting such financial records. The council,
any member thereof, the municipal auditor, the director of
finance and the city manager shall have the right to consult
with and seek the advice of the audit committee on matters
relating to the city's financial records, but neither the
committee nor any member shall have authority to act for or
to bind the city council, unless expressly authorized so to
do by ordinance or resolution of the council."
During the year ended June 30, 1992, the committee held 5 regular
meetings. Each member's attendance was:
Member
Meetinqs Attended Meetinsq~__Absent
Elizabeth T. Bowles 3 2
David A. Bowers 5 0
Beverly T. Fitzpatrick 4 1
James G. Harvey, II 4 1
Howard E. Musser 5 0
Noel C. Taylor 5 0
William White, Sr. 5 0
Annual Report -2- July 1, 1992
The following is a summary of the committee's activity during the
year:
Reviewed and concurred with the annual plan presented
by KPMG Peat Marwick.
Reviewed and concurred with the Municipal Auditor's
annual audit plan.
Reviewed the independent accountant's report with
representatives from KPMG Peat Marwick and City
officials.
Reviewed the internal audit reports with the Municipal
Auditor and City officials.
Revised the Citizens' Services Committee audit
requirements.
Named a selection committee to recommend an independent
accounting firm to conduct City audits for fiscal years
1993 through 1996.
Adopted Government Auditing Standards and directed the
Municipal Auditor to proceed with an external quality
control review.
Furnished a copy of the minutes of each committee
meeting to City Council and City officials.
I ask that this report be made a part of the Council agenda for
July 27, 1992 under reports of committees.
If any of you have any questions, please do not hesitate to
contact me.
Best personal regards to each of you.
Sincerely,
Chairman, Audit Committee
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
July 29, 1992
File #27
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Resolution No. 31137-072792 authorizing an amendment to the
City's contract with Bio Gro Systems, Inc., for the fourth year of removal and
disposal of sludge from the Water Pollution Control Plant; and authorizing the proper
City officials to execute the requisite contract documents. Resolution No. 31137-
072792 was adopted by the Council of the City of Roanoke at a regular meeting held
on Monday, July 27, 1992.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
Enc.
pc:
Mr. Joel M. Schlanger, Director of Finance
Mr. Kit B. Kiser, Director, Utilities and Operations
Mr. Steven L. Walker, Manager, Water Pollution Control Plant
Mr. William F. Clark, Director, Public Works
Mr. Charles M. Huffine, City Engineer
Mr. L. Bane Coburn, Civil Engineer
Ms. Sarah E. Fitton, Construction Cost Technician
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Roora 456
Roanoke, Virginia 24011
Telephone: (703) 981-2541
Deputy City Clerk
July 29, 1992
File #27
Mr. G. Robert Joseph
Finance Manager
Bio Gte Systems, Inc.
180 Admiral Cochrane Drive
Suite 305
Annapolis, Maryland 21401
Dear Mr. Joseph:
I am enclosing copy of Resolution No. 31137-072792 authorizing an amendment to the
City's contract with B{o Gte Systems, Inc., for the fourth year of removal and
disposal of sludge from the Water Pollution Control Plant; and authorizing the proper
City officials to execute the requisite contract documents. Resolution No. 31137-
072792 was adopted by the Council of the City of Roanoke at a regular meeting held
on Monday, July 27, 1992.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
Enc.
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 27th day of July, 1992.
No. 31137-072792.
VIRGINIA,
A RESOLUTION authorizing an amendment to the City's contract
with Bio Gro Systems, Inc., for the fourth year of removal and
disposal of sludge from the Water Pollution Control Plant, and
authorizing the proper City officials to execute the requisite
contract documents.
BE IT RESOLVED by the Council of the City of Roanoke that the
City Manager or Assistant City Manager and the City Clerk are
authorized for and on behalf of the City to execute and attest,
respectively, the requisite unit price contract amendment, on such
form as is approved by the City Attorney, with Bio Gro Systems,
Inc., for furnishing all tools, labor, machinery and materials
necessary to remove, transport and dispose of a minimum of 6,000
dry tons to a maximum of 10,000 dry tons, subject to approval by
the City based upon funding and available volume, of digested
sludge from the Water Pollution Control Plant, at the unit price of
$86.83 per dry ton for a total sum of $520,980.00 for 6,000 dry
tons up to $868,300.00 for 10,000 dry tons, in a total time frame
of one year from execution of the amendment, but not later than
September 1992, such amendment to include provisions for, at the
City's option, the fifth and final additional one year extension of
the contract, as well as appropriate bonding and liability
insurance, all in accordance with the City's plans and
specifications made for such work, the terms of the proposal made
to the City and any other provisions which the City Manager may
deem necessary, the cost of said work to be paid for out of funds
heretofore or simultaneously appropriated by Council, as more
particularly set forth in the report to this Council dated July 27,
1992.
ATTEST:
City Clerk.
Roanoke, Virginia
July 27, 1992
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Subject:
Renewal of Fourth Year Option - Sludge Hauling
by Bio-Gro Systems, Inc. (Bio-Gro)
The attached staff report was considered by the Water Resources
Committee at its meeting on July 27, 1992. The Con~nittee recommends that
Council authorize the City Manager to execute a contract amendment with Bio-
Gro Systems, Inc. for the fourth year's quantity of sludge disposal at $86.83
per dry ton in accordance with conditions stated in the attached report.
Elizabeth T. Bowles, Chairman
Water Resources Committee
ETB:KBK:afm
Attachment
CC:
City Manager
City Attorney
Director of Finance
Director of Utilities & Operations
Manager, Water Pollution Control Plant
City Engineer
Construction Cost Technician
Bio-Gro Systems, Inc.
July 27, 1992
Members, Water Resources Co.~nittee thru W. Robert Herbert,
Kit B. K~ser, Director of Utilities & Operations
Renewal of Fourth Year Option - Sludge Hauling
by Bio-Gro Systems, Inc. (Bio-Gro)
Background:
Renewal contract for yearly quantity of sludge hauling with Bio-
Gro expires in August, 1992. This will be the fourth contract
negotiated for one year with the option to renew for a total of
five (5) years.
Last year's contract was signed on the basis of a minimum of 6,000
dry tons to a maximum, subject to funding and available volume, of
10~000 dry tons. The cost per ton last year was $84.22 per dry
ton. This cost per ton includes the cost of $2.80 per dry ton to
lime the fields before spreading sludge. This is a 1990
requirement of the State to assure a pH of 6.5.
First year contract stipulated that the contract be reviewed each
year and the new cost per dry ton would relate to the Consumer
Price Index* which is as follows:
Consumer Price Index - July 1991
Consumer Price Index - July 1992
136.0
140.2
This is a difference of 4.2 divided by 136.0 = 3.1% increase. The
1992-93 sludge volume should be established at a minimum of 6~000
dry tons to a maximum, subject to funding and available volume of
i0,000 dry tons.
* The Consumer Price Index used is from the U. S. Department of
Labor from the Regional Office in Philadelphia
II. Current Situation:
Council authorization is desired to execute a contract agreement
with Bio-Gro Systems, Inc. to contract for the fourth year's
quantity of sludge removal, hauling, and land application.
Bio-Gro Systems~ Inc. also wishes to renew the contract for the
fourth year according to their statement at a meeting on July 8,
1992, for the purpose of contract renewal at the Water Pollution
Control Plant. (Letter to follow).
Page 2
III. Issues in order of consideration are:
A. Sludge disposal contract
B. Sludge quantity
C. Contract price
D. Funding
E. Time passed
IV. Alternatives:
Ao
Committee recommend to Council that it authorize the City Manager
to execute the Fourth Year Sludge Disposal Contract with Bio-Gro
Systems, Inc. for a minimum quantity of 6,000 dry tons and a
maximum quantity of i0,000 dry tons at $86.83 per dry ton with the
twelve (12) month term of the amendment time period to run from
the execution of the renewed contract (but not later than
September 1992).
1. Sludge disposal contract will remain valid.
2. Sludge quantity will be (at the City's option) as follows:
Minimum - 6,000 dry tons - Cost $520,980
Maximum - i0,000 dry tons - Cost $868,300
3. Contract price will be $86.83 per dry ton.
Funding is available in the FY 92-93 and expected from the
93-94 Sewage Fund Account No. 003-056-3150-2010 for the
required funding.
Time period is established to consider the shut-down during
the winter months for climate reasons which impact field
application.
Committee not recommend to Council that it authorize the City
Manager to execute the Fourth Year Disposal Contract with Bio-Gro
Systems, Inc.
Sludge disposal contract will need to be advertised for
proposals.
Sludge quantity will accumulate in the holding/ageing
lagoons until a new contractor is selected and starts to
work.
Page 3
3. Contract price will be unresolved.
Funding as currently exists will remain unless
reappropriated.
Time period would need to be established with the new
contractor.
Recommendation: Committee recommend to Council that it authorize the
City Manager to execute a contract amendment, in form approved by the
City Attorney, to include appropriate bonding and insurance, with Bio-
Gro Systems, Inc. for the fourth year's quantity of sludge disposal at
$86.83 per dry ton in accordance with Alternative "A".
KBK:LBC:afm
CC:
City Attorney
Director of Finance
Director of Public Works
Director of Utilities & Operations
Manager, Water Pollution Control Plant
City Engineer
Construction Cost Technician
MARY F. PA~KER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
July 29, 1992
File #178-252-514
Mr. Daniel F. Layman, Jr., Attorney
Woods, Rogers and Hazelgrove
P. O. Box 14125
Roanoke, Virginia 24038-4125
Dear Mr. Layman:
I am enclosing copy of Ordinance No. 31085-072792 permanently vacating portions of
Deanwood Terrace, Linwood Land Company and Deanwood Community Development
Program Subdivision, in order to develop the entire tract into a single large tract to
be used for commercial and industriai purposes, including the closing of ail existing
streets and alleys within the boundaries of the subject property, upon certain terms
and conditions. Ordinance No. 31085-072792 was adopted by the Council of the City
of Roanoke on first reading on Monday, July 13, 1992; also adopted by the Council
on second reading on Monday, July 27, 1992, and will take effect ten days following
the date of its second reading.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
Enc.
pc:
Mr. and Mrs. Alan W. Hoover, 923 Old Court Lane, S. W., Roanoke, Virginia
24015
Ferguson-Reed-Spredlin, Inc., 711 Pocahontas Avenue, N. E., Roanoke,
Virginia 24012
Mr. W. Robert Herbert, City Manager
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. Steven J. Talevi, Assistant City Attorney
Mr. Willard N. Claytor, Director of Real Estate Valuation
Mr. Charles A. Price, Jr., Chairperson, City Planning Commission
M{'. Daniel F. Layman, Jr., Attorney
July 29, 1992
Page 2
pc:
Mr. L. Elwood Norris, Chairperson, Board of Zoning Appeals
Mr. William F. Clark, Director, Public Works
Mr. Kit B. Kiser, Director of Utilities and Operations
Mr. Charles M. Huffine, City Engineer
Mr. Ronald H. Miller, Building Commissioner/Zoning
Administrator
Mr. John R. Marlies, Agent, City Planning Commission
Mr. Ted Tucker, City Planner
Ms. Doris Layne, Office of Real Estate Valuation
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703) 981-2541
SANDBA H. EAKIN
Deputy City Clerk
July 29, 1992
File #514
The Honorable Arthur B. Crush, III
Clerk of the Circuit Court
Roanoke, Virginia
Dear Mr. Crush:
I am attaching a certified copy of Ordinance No. 31085-072792, for proper
recordation in your office, which provides for the permanent vacating of portions
of Deanwood Terrace, Linwood Land Company and Deanwood Community Development
Program Subdivision, in order to develop the entire tract into a single large tract to
be used for commercial and industrial purposes, including the closing of all existing
streets and alleys within the boundaries of the subject property, upon certain terms
and conditions. Ordinance No. 31085-072792 was adopted by the Council of the City
of Roanoke on first reading on Monday, July 13, 1992, also adopted by the Council
on second reading on Monday, July 27, 1992, and will take effect ten days following
the date of its second reading.
Sincerely, ~, ~.~ _
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
Eno.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
lhe 27th day of July, 1992.
No. 31085-072792.
AN ORDINANCE permanently vacating portions of the Deanwood
Terrace, Linwood Land Company and Deanwood Community Development
Program Subdivision, as is more particularly described hereinafter.
WHEREAS, the City of Roanoke Redevelopment and Housing
Authority filed an application to the Council of the City of
Roanoke, Virginia, in accordance with law, requesting the Council
to permanently vacate portions of the Deanwood Terrace, Linwood
Land Company and Deanwood Community Development Program
Subdivision, pursuant to Section 15.1-482(b) of the Code of
Virginia (1950), as amended; and
WHEREAS, the City Planning Commission, which after giving
.proper notice to all concerned, and after h~ving conducted a public
hearing on the matter, has made its recommendation to Council; and
WHEREAS, a public hearing was held on said application by the
City Council on July 13, 1992, after due and timely notice thereof
as required by law, at which hearing all parties in interest and
citizens were afforded an opportunity to be heard on said
application; and
WHEREAS, it appearing from the foregoing that the land
proprietors affected by the requested vacation have been properly
notified; and
WHEREAS, from all of the foregoing, the Council considers that
no inconvenience will result to any individual or to the public
from permanently vacating portions of the Deanwood Terrace, Linwood
Land Company and Deanwood Community Development Program
Subdivision.
THEREFORE, BE IT ORDAINED by the Council of the City of
Roanoke, Virginia, that the portions of the subdivision, more
particularly described as follows:
(a)
Tracts 5B and 6, according to
Community Development Program
3043005 and 3043006);
the Map of Deanwood
(Official Tax Nos.
(b)
Lots 5 and 6, Block 10, according to the Map of
Deanwood Terrace (Official Tax Nos. 3041905 and
3041906);
(c)
Lots 7-9 and 16-18, inclusive, Block 5, according
to the Map of Linwood Land Company (Official Tax
Nos. 3042307-3042309 and 3042316-3042318);
(d) Lots 1-13, inclusive, Block 4, according to the Map
of Linwood Land Company (Official Tax Nos.
3042401-3042413);
shown on the plat made by Balzer & Associates, Inc.,
dated January 22, 1992, entitled "Plat of Survey Showing
the Vacation 'of Lots and Streets for City of Roanoke
Redevelopment and Housing Authority," attached to the
application and marked Exhibit A, and all opened and
unopened streets and alleys lying wholly within the
boundaries of the described property,
be, and hereby are, permanently vacated.
BE IT FURTHER ORDAINED that pursuant to Section 15.1-483 of
the Code of Virginia (1950), as amended, all streets and alleys
lying within the boundaries of the portions of the plats of
subdivision be and hereby are vacated, discontinued and closed, and
that all right and interest of the public in and to the same be,
and hereby is, released insofar as the Council of the City of
Roanoke is empowered so to do with respect to the closed portion of
the subject rights-of-way, reserving however, to the City of
Roanoke and
limitation,
electricity,
any public utility, including, specifically, without
providers to or for the public of cable television,
natural gas or telephone service, an easement for
sewer and water mains, television cable, electric wires, gas lines,
telephone lines, and related facilities that may now be located in
or across said public right-of-way, together with the right of
ingress and egress for the maintenance or replacement of such
lines, mains or utilities, such right to include the right to
remove, without the payment of compensation or damages of any kind
to the owner, any landscaping, fences, shrubbery, structure or any
other encroachments on or over the easement which impede access for
maintenance or replacement purposes at the time such work is
undertaken; such easement or easements to terminate upon the later
abandonment of use or permanent removal from the above-described
public right-of-way of any such municipal installation or other
utility or facility by the owner thereof; provided, however, that
streets and alleys bordering, but lying wholly outside the
boundaries of the described property shall remain open and
unaffected by the vacation of subdivision.
BE IT FURTHER ORDAINED that the vacation of the above-
described subdivision plat is conditioned upon applicant's agreeing
to dedicate an area at the terminus of 7th Street, N.E., sufficient
to establish a public turnaround and further agrees to construct
such turnaround at the time the subject property is developed; upon
applicant's providing to the City for review and approval a
subdivision plat providing for the proper distribution of the land
within the vacated rights-of-way and the combination of all lots
located within the subject subdivision; and upon applicant,s
agreeing that if the above-cited subdivision plat is not recorded
within a period of twelve (12) months from the date of any
ordinance providing for this
become null and void with no
necessary.
vacation, then such ordinance shall
further action by City Council being
BE IT FURTHER ORDAINED that the City Engineer be, and he is,
directed to mark "permanently vacated., on said subject plats and
public rights-of-way on all maps and plats on file in his office on
which said plats and rights-of-way are shown, referring to the book
and page or ordinances and resolutions of the Council of the City
of Roanoke, Virginia, wherein this ordinance shall be spread.
BE IT FURTHER ORDAINED that the Clerk of the Council deliver
to the Clerk of the Circuit Court of the City of Roanoke, Virginia,
a certified copy of this ordinance for recordation in the Deed
Books of said Clerk's Office, indexing the same in the name of the
City of Roanoke, Virginia, as Grantor and Grantee, and the names of
any other parties in interest who may so request, as Grantees.
ATTEST:
City Clerk.
Roanol.~e City Planning Commission
July 13, 1992
The Honorable David A. Bowers, Mayor
and Members of the City Council
Roanoke, Virginia
Dear Members of the City Council:
Subject: Application from the Roanoke Redevelopment and
Housing Authority to vacate portions of the
Deanwood Terrace, Ltnwood Land Company and
Deanwood Community Development Program
Subdivision.
I. Background:
Portions of subdivisions requested for vacation are
situated adjacent to Plantation Road, N.E. and Orange
Avenue, N.E.
B. Subdivisions include 23 land parcels, 3 sections of
platted, but undeveloped, street and a section of
undeveloped (10' wide) alley.
Land was acquired by the Roanoke Redevelopment and
housing Authority (RRHA) under the provisions of Title 36
of the Code of Virginia (1950), as amended, pursuant to
certain redevelopment plans for the area.
Oriqinal lots and certain streets and alleys adjacent to
the subject property have been vacated by the RRHA in
past years for similar redevelopment purposes.
II. Current Situation:
ApDlication was reviewed by the Planning Commission at
its regular meeting of June 3, 1992.
ADDlicant desires to vacate the subject portions of
subdivisions pursuant to Section 15.1-482(b) of the Code
of Virginia, in orde~ to consolidate the existing lots,
Room 355 Municipal Building 215 Churd~ Avenue SW F~anoke, Virginia 24011 (703) 981-2344
streets and alleys, into a single, large tract of land to
be used for future commercial and industrial purposes.
Land, as currently subdivided in small lots with
undeveloped streets and alley, is no longer suitable for
residential use as originally intended.
III. Issues:
A. Community impact.
B. Traffic impact.
C. Utilities within the public right-of-way.
D. Creation of a dead-end street or alley.
E. Relationship to the comprehensive plan.
IV. Alternatives:
Approve the applicant's request to vacate the subject
portions of subdivision, subject to certain conditions
outlined in Part V. of this report.
Community impact. Returning the subject lots,
streets and alley back to usable acreage for
commercial and industrial use would have a positive
impact on the surrounding community.
Traffic impact. Vacation would have no effect on
traffic or traffic needs in the area.
Utilities within the public right-of-way. City has
no utilities within the subject rights-of-way.
Creation of a dead-end street or alley. Vacation
would create a dead-end at the proposed terminus of
7th Street, NE.
Relationship to the comprehensive plan. Request is
consistent with the intent of the Comprehensive
Plan that available land be used in the most
appropriate manner.
Deny the applicant's request to vacate the subject
portions of subdivision.
1. Community impact. Community would remain
unchanged.
2. Traffic impact would not be an issue.
3. Utilities within the public riqht-of-wa¥ would not
be an issue.
Creation of a dead-end street or alley would not be
an issue.
Relationship to the comprehensive plan. Land is
currently zoned for light manufacturing purposes.
Existing lots, as subdivided, are too small to be
developed for light manufacturing purposes.
Streets and alley have remained undeveloped for
many years. Denial of the request would be
inconsistent with the intent of the comprehensive
plan.
Recommendation:
Planning Commission, by a vote of 5 to 0 (Mr. Bradshaw and
Mrs. Coles absent), recommends that City Council approve
Alternative "A," thereby approving the applicant's request to
vacate the subject portions of subdivision subject to the
following conditions:
That the applicant agrees to dedicate and construct a
public turnaround at the proposed terminus of 7th Street,
N.E., at the time the property is developed.
That the applicant agrees to submit to the City for
review and approval a subdivision plat providing for the
proper distribution of the land within the vacated
rights-of-way and the combination of all lots located
within the subject subdivision.
That the applicant agrees that if the above-cited
subdivision plat is not recorded within a period of 12
months from the date of any ordinance providing for this
vacation, then such ordinance shall become null and void
with no further action by City Council being necessary.
Respectfully submitted,
Charles A. Price, Jr., Chairman
Roanoke City Planning Commission
JRM:ERT:mpf
attachments
cc: Assistant City Attorney
Director of Public Works
City Engineer
Building Commissioner/Zoning Administrator
Attorney for the Petitioner
DANIEL F L~'~Y,dAi
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STAT
CITY
AFFID,~¥IT ~F PUiiLICAT[~]!4
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KEPRES~CNT~TIYE OF THE TI~¢~ES-~iJNLD
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IF THE ROA~OKE TIMES & WO~LD-~E~S, A
DAILY qEwSPAPE< PU~LISHED I'*
Titb STAT-~ (iF VI,,,G['tlP, D] CE~iTIFY THAT
Tile ANNEX~[] 4L)TIC'- ~S PU LISH~D IN SAID
· "OTIC~ OF
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
Pursuant to the provisions of Sections 15.1-482(b) and 15.1-
431 of the Code of Virginia (1950), as amended, the Council of the
City of Roanoke will hold a public hearing on Monday, July 13,
1992, at 7:30 p.m., in the Council Chambers in the Municipal
Building in the said City, to consider the following:
Request of the City of Roanoke Redevelopment and Housing
Authority, pursuant to the provisions of Section 15.1-482(b), Code
of Virginia (1950), as amended, that the following portions of the
plats of subdivision be vacated:
(a) Tracts 5B and 6, according to the Map of Deanwood
Community Development Program (Official Tax Nos.
3043005 and 3043006);
(b)
Lots 5 and 6, Block 10, according to the Map of
Deanwood Terrace (Official Tax Nos. 3041905 and
3041906);
(c)
Lots 7-9 and 16-18, inclusive, Block 5, according
to the Map of Linwood Land Company (Official Tax
Nos. 3042307-3042309 and 3042316-3042318);
(d) Lots 1-13, inclusive, Block 4, according to the Map
of Linwood Land Company (Official Tax Nos.
3042401-3042413);
shown on the plat made by Balzer & Associates, Inc.,
dated January 22, 1992, entitled "Plat of Survey Showing
the Vacation of Lots and Streets for City of Roanoke
Redevelopment and Housing Authority," attached to the
application and marked Exhibit A, and all opened and
unopened streets and alleys lying wholly within the
boundaries of the described property.
Pursuant to Section 15.1-483 of the Code of Virginia (1950),
as amended, all streets and alleys lying within the boundaries of
the portions of the plats of subdivision will be vacated,
discontinued and closed.
A ~opy of the Application of the City of Roanoke Redevelopment
and Housing Authority is available for public inspection in the
Office of the City Clerk, Room 456, Municipal Building.
All parties in interest and citizens may appear on the above
date and be heard on the question.
GIVEN under my hand this 24thday of June, 1992.
Mary F. Parker, City Clerk
Please publish in full twice in the
Roanoke Times & World-News, once on
Friday, June 26, 1992, and once on
Friday, July 3, 1992.
Send publisher's affidavit to:
Mary F. Parker, City Clerk
Room 456, Municipal Building
215 Church Avenue, S. W.
Roanoke, Virginia 24011-1536
Send bill to:
Mr. Daniel F. Layman, Jr., Attorne
Woods, Rogers, and Hazlegrove
P. O. Box 14125
Roanoke, Virginia 24038-4125
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703) 981-2541
July 2, 1992
SANDRA H. EAKIN
Deputy City Clerk
File #514
Mr. Daniel F. Layman, Jr., Attorney
Woods, Rogers and Hazlegrove
P. O. Box 14125
Roanoke, Virginia 24038-4125
Dear Mr. Layman:
Pursuant to Resolution No. 25523 adopted by the Council of the City of Roanoke at
a regular meeting held on Monday, April 6, 1981, a public hearing will be held on
Monday, July 13, 1992, at 7:30 p.m., or as soon thereafter as the matter may be
heard, in the City Council Chamber, fourth floor of the Municipal Building, 215
Church Avenue, S. W., on the request of your client, the City of Roanoke
Redevelopment and Housing Authority, that portions of the Plats of Subdivision of
Deanwood Terrace, Linwood Land Company and the Deanwood Community
Development Program be vacated in order to develop the entire tract into a single
large tract to be used for commercial and industrial purposes, including the closing
of all existing streets and alleys within the boundaries of the subject property.
For your information, ! am enclosing copy of a notice of the public hearing providing
for the closing, which notice was prepared by the City Attorney's Office. Please
review the document and if you have questions, you may contact Mr. Steven J.
Talevi, Assistant City Attorney, at 981-2431. Questions with regard to the City
Planning Commission report should be directed to Mr. John R. Marlles, Chief of
Community Planning, at 981-2344.
Sincerely, ~~
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
JULY
Enc.
Mr; Daniel F. Layman, Jr., Attorney
July 2, 1992
Page 2
pc:
Mr. and Mrs. Alan Hoover, 923 Old Court Lane, S. W., Roanoke, Virginia
24015
Ferguson-Reed-Spradlin, Inc., 711 Pocahontas Avenue, N. E., Roanoke,
Virginia 24012
MARY F. PARKER
~ity Cleric
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703) 981-2541
SANDRA H. F_AK~
Deputy City Clerk
July 2, 1992
File #514
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mrs. Bowles and Gentlemen:
Pursuant to the authority contained in Resolution No. 25523 adopted by the Council
of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing
for Monday, July 13, 1992, at 7:30 p.m., or as soon thereafter as the matter may be
heard, on a request of the City of Roanoke Redevelopment and Housing Authority
that portions of the Plats of Subdivision of Deanwood Terrace, Linwood Land
Company and the Deanwood Community Development Program be vacated in order to
develop the entire tract into a single large tract to be used for commercial and
industrial purposes, including the closing of all existing streets and alleys within
the boundaries of the subject property.
For your information, I am enclosing copy of the City Planning Commission report
with regard to the matter.
If you desire additional information prior to the public hearing, please do not
hesitate to call me.
Sincerely, ~_._~
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
Eno.
pc:
Mr. W. Robert Herbert, City Manager
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. Steven J. Talevi, Assistant City Attorney
Mr. Willard N. Claytor, Director of Real Estate Valuation
Mr. Charles A. Price, Jr., Chairperson, City Planning Commission
The Honorable Mayor and Members
of the Roanoke City Council
Page 2
July 2, 1992
pc-'
Mr. William F. Clark, Director of Public Works
Mr. Kit B. Kiser, Director of Utilities and Operations
Mr. Charles M. Huffine, City Engineer
Mr. Ronald H. Milier, Building Commissioner/Zoning
Administrator
Mr. John R. Marlies, Agent, City Planning Commission
Mr. Ted Tucker, City Planner
Ms. Doris Layne, Office of Real Estate Valuation
ViRGiNiA: --,
IN THE COUNCIL OF THE CITY OF ROANOKE'~2 '" 3
In re:
TO:
Vacation of Portions of the
Plats of Subdivision of
Deanwood Terrace, Linwood
Land Company and Deanwood
Community Development Program
The Honorable Mayor and Members of
City of Roanoke
APPLICATION OF
THE CITY OF ROANOKE
REDEVELOPMENT AND
HOUSING AUTHORITY
the City Council of the
(1) The undersigned applicant, the City of Roanoke
Redevelopment and Housing Authority, a political subdivision of
the Commonwealth of Virginia, is the owner of certain real
property located in the City'of Roanoke, Virginia, described as
follows:
(a) Tracts 5B and 6, according to the map of Deanwood
Community Development Program (Official Tax Nos. 3043005 and
3043006).
(b) Lots 5 and 6, Block 10, according to the Map of
Deanwood Terrace (Official Tax Nos. 3041905 and 3041906).
(c) Lots 7-9 and 16-18, inclusive, Block 5, according
to the Map of Linwood Land Company (Official Tax Nos.
3042307-3042309 and 3042316-3042318).
(d) Lots 1-13, inclusive, Block 4, according to the
Map of Linwood-Land Company (Official Tax Nos. 3042401-
3042413).
(2) The property described above is located in that portion
of the Deanwood neighborhood acquired by the applicant pursuant
M#105972
to redevelopment plans for that area and the adjacent Kimball
redevelopment area adopted under the provisions of Title 36 of
the Code of Virginia of 1950, as amended. The specific location
of the lots is shown on the plat made by Balzer & Associates,
Inc., dated January 22, 1992, entitled "Plat of Survey Showing
the Vacation of Lots and Streets for City of Roanoke
Redevelopment and Housing Authority,,, attached to this
application and marked Exhibit A. (Note: This plat has not yet
been approved by the appropriate officials of the City of Roanoke
and is attached hereto as an exhibit only to show the purpose of
the vacation hereby requested.)
(3) The described property comprises portions of the
Deanwood Terrace, Linwood Land Company, and Deanwood Community
Development Program subdivisions, the other lots in which have
previously been sold by the original developers to other owners.
(4) The applicant wishes to vacate the subdivision of the
listed lots pursuant to Section 15.1-482(b) of the Code of
Virginia in order to redevelop the entire tract, including
existing streets and alleys, into a single large tract to be used
for commercial and industrial purposes.
(5) The applicant desires that all opened and unopened
streets and-alleys lying wholly within the boundaries of the
described property be vacated as a result of the subdivision
vacation hereby requested, as provided in Section 15.1-483 of the
Code of Virginia of 1950, as amended. Those streets and alleys
are shown on the plat attached as Exhibit A. Streets and alley
M#105972
2
bordering but lying wholly outside the boundaries of the
described property shall, however, remain open and unaffected by
the vacation of subdivision.
(6) All public utilities installed in the described
property are to remain undisturbed, in accordance with Section
15.1-483 of the Code of Virginia of 1950.
(7) The applicant believes that the aforesaid lots, streets
and alleys are no longer suitable for residential or other use in
their present conformation and that the land can best be used if
vacated to acreage and replatted into a larger commercial and
industrial tract as shown on Exhibit A attached hereto.
WHEREFORE, the City of Roanoke Redevelopment and Housing
Authority respectfully requests, in accordance with Section 15.1-
482(b) of the Code of Virginia of 1950, as amended, that the
portions of the maps of Deanwood Terrace, Linwood Land Company,
and Deanwood Community Development Program set forth in paragraph
(1) above and the streets and alleys set forth in paragraph (5)
above be vacated.
Daniel F. Layman, Jr., Esq.
Woods, Rogers & Hazlegrove
Dominion Tower
10 South Jefferson Street
P. O. Box 14125
Roanoke, VA 24038-4125
Respectfully,
CITY OF ROANOKE REDEVELOPMENT
Of Counsel ~ ~
M#105972
3042406
3042407
3042400
3042409
3042420
3042411
CITY OF
ROANOKE
LOCATION
~ DEANWOOD TERRACE
:: 11~
/ ½,.:.~ 3043007
DF.,A.NWOOD COMMIINITY DEVELOPMENT PROGRAM
· M,B. 1, pg. 410 ~ ~ ~ ~ '
1~ M.B. 1, pg. ~1 .~ (~,~ ~
~ , ~ ' $o I 4~'
~ LOUISIANA (UNDEVELOPED) AVENUE Z
~ ',.~ ~',~ ~ ,
~ ~ I c j J ,T J t~ ,,,
TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA
PERTAINING TO THE PLAT VACATION OF:
Request for the City of Roanoke Redevelopment and Housing
Authority that a plat showing lots and streets in the
Deanwood Terrace area of northeast Roanoke be permanently
vacated.
COMMONWEALTH OF VIRGINIA)
)
CITY OF ROANOKE )
The affiant, Martha Pace
states that she is Seretary
TO-WIT:
Franklin, first being duly sworn,
of the City of Roanoke Planning
Commission, and as such is competent to make this affidavit of her
own personal knowledge. Affidavit states that, pursuant to the
provisions of Section 15.1-341, Code of Virginia, (1950), as
amended, on behalf of the Planning Commission of the City of
Roanoke, she has sent by first-class mail on the 26th day of May,
1992, notices of a public hearing to be held on the 3rd day of
June, 1992, on the plat vacation captioned above to the owner or
agent of the parcels listed below at their last known address:
Parcel Ownert Agent or Occupant Address
3043007 Alan and Janice Hoover 923 Old Court Lane
Roanoke, VA 24015
3041901 Ferguson-Reed-Spradlin, Inc. 711 Pocahontas Avenue
Roanoke, VA 24012
SUBSCRIBED AND SWORN to before me, a Notary Public, in the
City of Roanoke, Virginia, this 26th day of May, 1992.
Notary Public
My Commission Expires:
/f-
NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLANNING
COMMISSION
TO WHOM IT MAY CONCERN:
The Roanoke City Planning Commission will hold a public
hearing on Wednesday, June 3, 1992, at 1:30 p.m., or as soon
thereafter as the matter may be heard, in the City Council Chamber,
fourth floor, Municipal Building, 215 Church Avenue, S.W., in order
to consider the following:
Request from the City of Roanoke Redevelopment and Housing
Authority, represented by Daniel F. Layman, Jr., attorney,
that the subdivision plats comprising portions of the Deanwood
Terrace, Linwood Land Company and Deanwood Community
Development Program be vacated as well as all opened and
unopened streets and alleys lying wholly within the boundaries
of the described property be vacated as a result of the above-
described subdivision plats, pursuant to Sections 15.-482(b)
and 15.1-483.
A copy of said application is available for review in the
Office of Community Planning, Room 355, Municipal Building.
All parties in interest and citizens may appear on the above
date and be heard on the matter.
John R. Marlles, Agent
Roanoke City Planning Commission
Please run in newspaper on Tuesday, May 19, 1992
Please run in newspaper on Tuesday, May 26,
Please bill: Daniel F. Layman, Jr., Esq.
P. O. Box 14125
Roanoke, VA 24038-4125
1992
Office of the City Clerk
May 13, 1992
File #514
Mr. Charles A. Price, Jr., Chairperson
City Planning Commission
Roanoke, Virginia
Dear Mr. Price:
Pursuant to Section 30-14, Procedure for altering or vacating City streets or alleys;
fees therefor, of the Code of the City of Roanoke (1979), as amended, I am enclosing
copy of an application from Mr. Daniel F. Layman, Jr., Attorney, representing the
City of Roanoke Redevelopment and Housing Authority, requesting the vacation of
portions of the Plats of Subdivision of Deanwood Terrace, Linwood Land Company
and Deanwood Community Development Program, in order to redevelop the entire
tract into a single large tract to be used for commercial and industrial purposes,
including the closing of all existing streets and alleys within the boundaries of the
subject property.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
Ene.
STREET6
pc'
The Honorable Mayor and Members of the Roanoke City Council
Mr. Daniel F. Layman, Jr., Attorney, Woods, Rogers and Hazlegrove,
P. O. Box 14125, Roanoke, Virginia 24038-4125
Mr. John R. Marlles, Agent/Secretary, City Planning Commission
Mr. Edward R. Tucker, City Planner
Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator
Mr. Steven J. Talevi, Assistant City Attorney
Room 456 Municipal Roilding 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541
MARy ~. PARKER
~ty Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703) 981-2541
July 29, 1992
SANDRA H. EAKIN
Deputy CityClerk
File #54-86
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, July 27,
1992, Council Member James G. Harvey, II, requested that you provide Council with
information pertaining to more stringent enforcement of the City's current leash law
at the same time that the City Attorney ~eports back to Council with regard to the
vicious dog ordinance.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
pc: Mr. Wilburn C. Dibling, Jr., City Attorney
MARY F, PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703) 981-2541
SANDRA H. EAKIN
D~puty City Clerk
July 29, 1992
File #2-207
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Ordinance No. 31139-072792 authorizing acquisition by the
City of a certain 1.527 acre parcel of land located in the City adjacent to the Roanoke
Centre for Industry and Technologlv', described as Official Tax No. 7230302, in the
amount of $100,000.00, plus sellers' attorney's fees not to exceed $1,000.00,
including provisions for the escrow of a portion of the sale proceeds for a period of
one year from the date of the probate of the will of Ralph E. Conner, as more
particularly set forth in a report of the City Manager under date of July 27, 1992.
Ordinance No. 31139-072792 was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, July 27, 1992.
Sincerely, ~)~
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
Eric.
pc:
Mr. John L. Hart, Esquire, Southwest Virginia Bank Building, Campbell
Avenue and Second Street, S. W., Roanoke, Virginia 24011
Mr. Joel M. Schlanger, Director of Finance
Mr. Kit B. Kiser, Director, Utilities and Operations
Mr. Brian J. Wishneff, Chief, Economic Development
Mr. E. Dougias Chittum, Economic Development Specialist
Mr. Barry L. Key, Manager, Office of Management and Budget
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 27th day of July, 1992.
No. 31139-072792.
AN ORDINANCE authorizing the acquisition by the City of a
certain 1.527 acre parcel located in the City adjacent to the
Roanoke Centre for Industry and Technology and bearing Official Tax
Number 7230302 upon certain terms and conditions and providing for
an emergency.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager and the City Clerk are hereby authorized
to execute and attest, respectively, in form approved by the City
Attorney, an appropriate contract with the heirs of Ralph E. Conner
for the purchase of a certain 1.527 acre parcel located in the City
adjacent to the Roanoke Centre for Industry and Technology and
bearing Official Tax Number 7230302 for the price of One Hundred
Thousand Dollars ($100,000.00), plus sellers' attorney's fees not
to exceed $1,000.00, said contract to include provisions for the
escrow of a portion of the sale proceeds for a period of one year
from the date of the probate of the will of Ralph E. Conner and to
contain such other terms and conditions as are deemed appropriate
as more particularly set forth in the report to this Council dated
July 27, 1992.
2. Upon execution of the aforesaid contract, the appropriate
City officials are authorized to provide for the City's purchase of
the identified property in accordance with the terms of the
contract.
3. In order to provide for the usual daily operation of the
municipal government, an emergency is deemed to exist and this
ordinance shall be in full force and effect ugon its passage.
ATTEST:
City Clerk.
July 27, 1992
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Council Members:
Subject: Contract to purchase real estate from the estate of Ralph E. Conner
I. BACKGROUND:
The Roanoke Centre for Industry_ and Technology (RCIT) has been extremely
successful in attracting and retaining industry in the City of Roanoke.
Bo
Roanoke City_ Council, at its meeting on May 22, 1989, authorized the City
Manager to execute a sales contract for the purchase of 141.77 acres of land from
Anderson Wade Douthat and Frances Brown Douthat for industrial development
purposes and authorized the Mayor to execute the requisite deed.
Co
The Estate of Ralph E Conner owns 1.527 acres of land surrounded by the RCIT
Addition.
II CURRENT SITUATION:
The Estate of Ralvh E. Conner has agreed to sell the property, Official Tax No.
7230302, to the City of Roanoke for $100,OQ0 plus sellers attorneys fees for
closing this transaction not to exceed one thousand dollars.
The Water Resources Committee has previously agreed to the need to acquire the
property and directed that attempts be made to negotiate a purchase.
The City of Roanoke needs to acquire the property to provide a more complete
tract of land for industrial development.
D. The Conner oronerty is presently zoned Light Manufacturing.
Council Members
July 27, 1992
Page 2
III. ISSUES:
B. Funding is available through Account Number 008-052-9629-9050.
C. Economic Development.
~3~giLllllll~& City Manager to execute necessary documents in form
approved by the City Attorney to purchase 1.527 acres, bearing official Tax Map
Number 7230302, for the sum of $100.000 plus Sellers attorneys fees for closing
this transaction, not to exceed one thousand dollars.
Timim, would allow the City to make more efficient improvements to the
RCIT Addition when improvements begin.
2. Fundin~ is available through Account g008-052-9629-9050.
Economic Develoument would be enhanced since the City could more
effectively and efficiently plan for the development of RCIT Addition.
City Council not authorize City Manager to execute the necessary documents to
purchase 1.527 acres from the Estate of Ralph E. Conners.
Timim, could negatively impact the future cost of development of the
RCIT Addition.
2. Funding would not be impacted.
n i would continue but at a possible greater cost due
to infrastructure improvements as well as efficient use of developable
sites.
V. RECOMMENDATION:
Alternative A that City Council authorize City Manager to execute necessary documents
in form approved by the City Attorney to purchase 1.527 acres, bearing official Tax Map
Number 7230302, for the sum of $100.000 plus Sellers attorneys fees for closing this
transaction, not to exceed one thousand dollars.
Council Members
July 27, 1992
Page 3
Respectfully submitted:
~ Herberl~
City Manager
WRH/PFS:kkd
cc: Director of Finance
City Attorney
Director of Utilities and Operations
Manager, Management and Budget
CONTRACT TO PURCHASE REAL ESTATE
For the mutual promises contained herein and other good and
valuable consideration, the receipt of which is acknowledged,
Annalee Huffman and ~. /~_~r~-~A/, her husband, Wilmer Conner
and~/~c//~ ~/~/~,, his wife, Ruby M. Gibson (formerly Ruby Mae
Smith) and~/~ ~ ~;~3D~, her husband, and Douglas Conner and
~~/~is wife, and Ruby M. Gibson, joining in this
contract in her capacity as Administratrix c.t.a., of the estate of
Ralph E. Conner, deceased (hereinafter jointly and severally
referred to as "Sellers") do hereby agree to sell and convey to the
City of Roanoke, Virginia, (hereinafter referred to as "City") and
City, subject to the terms and conditions contained herein, does
hereby agree to purchase the real property of Sellers situated in
the City of Roanoke, Virginia, and described as follows: 1.527
acres located adjacent to the Roanoke Centre for Industry and
Technology, bearing Official tax No. 7230302, including all
fixtures and improvements and all rights and appurtenances, and
rights-of-way and rights of access (hereinafter referred to as the
"Property").
1. The purchase price of ssid Proper=y shall be One Hundred
Thousand Dollars ($100,000.00), plus Sellers' attorney's fees for
closing this transaction not to exceed One Thousand Dollars.
2. Subject to the terms and conditions contained herein,
settlement shall be made at the Office of the City Attorney on or
before 60 days from receipt by City of this contract properly
executed by all Sellers ("Settlement"), it being recognized that
2
time is of the essence. Possession shall be given at Settlement
unless otherwise agreed by the parties.
3. Sellers agree that at Settlement, Sellers shall undertake
all actions necessary, with documentation in form acceptable to
Southern Title Insurance Company (the "Title Company"), to place
into escrow pursuant to
Agreement (=estate), a
incorporated herein by
a properly executed Indemnity And Escrow
copy of which is attached hereto and
reference as Exhibit A, Ninety Thousand
Dollars ($90,000.00) of the proceeds of the sale for a period of
one year from the date of probate of the will of Ralph E. Conner,
deceased. The remainder of the sale proceeds shall be distributed
to Sellers at time of closing, less the following:
(i) applicable grantor's tax;
(ii) real estate taxes, unpaid assessments or liens, and any
applicable rollback real estate taxes which may become due on
the Property;
(iii) any other customary fees and expenses ordinarily paid by
a seller of real property; and,
(iv) Sellers' attorney's fees.
4. Sellers covenant and warrant 'chat the Property is free and
clear of all liens, rights in others and encumbrances except taxes
and assessments for the current year and covenants and restrictions
of record. The Property is and shall be delivered free and clear of
any leasehold interests and shall be unoccupied. City covenants and
agrees that after closing, until and including November 1, 1992,
Sellers' shall be entitled to enter the Property at reasonable
3
times solely for the purpose of harvesting potatoes which have been
planted on the property and for no other purpose. Such right of
entry shall expire and be null and void after November 1, 1992.
5. Sellers warrant and covenant that Sellers have the
authority to execute this contract and that Sellers now hold the
fee simple title to said Property. Sellers shall convey said
Property to City by General Warranty deed with English Covenants
of Title.
6. All risk of loss or damage to the Property by fire,
windstorm, casualty or other cause, is assumed by Sellers until
Settlement.
7. Sellers shall deliver to City an appropriate Seller's
affidavit to the effect that no labor or materials have been
furnished to the Property withln the statutory period for the
filing of mechanics or materialmen's liens against the Property,
or, if labor or materials have been furnished, that the costs
therefor have been paid, such affidavit or other documentation to
be in form acceptable to the Title Company. Sellers also agree to
provide any certifications or documentation required by sections
1445 (FIRPTA) and 6045 (Form 1099-B) of the Internal Revenue Code.
8. The Sellers and City agree that this Contract shall be
binding upon them, their heirs, successors, and approved assigns
and that the parties shall not be bound by any terms, conditions,
oral statements, warranties or representations not herein
contained, and that it shall be construed under the laws of the
Commonwealth of Virginia. The terms of this contract shall survive
the closing and delivery of the deed.
9. Notwithstanding any other provision of this Contract,
Sellers recognize and agree that this Contract is subject to and
requires formal approval of and authorization by Roanoke City
Council prior to being binding upon the City of Roanoke.
WITNESS the following signatures:
Sellers:
-~h~'l eb Hu f f~a~l
Wi lmer Conn-e~ -
'Ruby/M. Gibson
(formerly Ruby mMag,~mith)
Doug2(as Conner ~/
RuDYM. Gibson,=~her capacity as Administratrix c.t.a., of
the estate of Ralph E. Conner, deceased.
City of Roanoke
by:
-W. Robert Herbert
City Manager
Attest:
Mary F. Parker
City Clerk
State of Virginia
The foregoing instrument was acknowledged before me this
My Commission expires: _ /~7~-;r~ ~o~ /~
Public
State of Virginia
~c~-~,"~/ of ,,';~c,~o~,~,.,_/
The foregoing instrument was acknowledged before me this
day of ~/tr.~ , 1992, by ~/~ ' '
My Comm. ission expires:
l~6~ar¥ Public
State of Virginia
~ of ~~
The foregoing instrument was acknowledged before me this
'My Commissio~ expires:
otary Public
State of Virginia
CITY of BUENA VISTA
The foregoing instrument was acknowledged before me this 12th
day of May , 1992, by Annalee Huffman
My ComNllssion expires: October 31, 1996
State of Virginia
CITY of BUENA VISTA
The foregoing instrument was acknowledged before me this 12th
day of May , 1992, by Paul Huffman
My Commission expires:
October 31, 1996
~ot~¥ Public
The foregoing instrument was acknowledged before me this
My Commission expires:
Public
State
The foregoing instrument was acknowledged before me this
day of ~ , 1992, by ~I~ J. ~
My Commission expires:
Public
R.C.I.T.
Additional
CONCEPt PL~U~ Property
R.C.I.T. Addition
Ae Prepared For
THE CITY OF ROANOKE, VA. / '~/
~'~'~'~ /