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HomeMy WebLinkAboutCouncil Actions 11-09-92WHITE 31236 REGULAR WEEKLY SESSION ROANOKE CFIT COUNCIL November 9, 1992 7:30 p.m. AGENDA FOR THE COUNCIL Call to Order -- Roil Call. A~l Present. The Invocation was delivered by Mayor David A. Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. Presentation of a Proclamation by the Mayor. PUBLIC HEARINGS: Public hearing to consider an amendment to the Fiscal Year 1992- 1993 Community Development Block Grant budget and Statement of Objectives to the United States Department of Housing and Urban Development. Mr. W. Robert Herbert, City Manager. Adopted Budget Ordinance No. 31236-110992, Resolution Nos. 31237-110992 and 31238-110992. (7-0) 2. CONSENT AGENDA (APPROVED 7-0) ALL MATFERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MAYOR AND MEMBERS OF CITY COUNCIL AND WILL 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 ITEM WILL 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 communication from Vice-Mayor Beverly T. Fitzpatrick, Jr., Chairperson, Personnel Committee, requesting an Executive Session to discuss a personnel matter being the performance of a specific public officer, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended; and to discuss a personnel matter being the compensation of a specific public officer, pursuant to Section 2.1-344 (A)(I), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene in Executive Session to discuss a personnel matter being the performance of a specific public officer, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as 2 amended; and to discuss a personnel matter being the compensation of a specific public officer, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. C-3 Minutes of the Audit Committee meeting held on Monday, November 2, 1992. RECOMMENDED ACTION: Receive and file. REGULAR AGENDA 3. I-IF. ARING OF CITIZF~NS UPON PUBLIC MATFERS: Request to address Council with regard to pay inequities for school teachers. Mr. Mason Powell, Spokesperson. Deferred until the regular meeting of Council on Monday, December 14, 1992. Request to address Council with regard to installation of stop signs on Carter Road, S. W. Mr. Jonathan M. Apgar, Spokesperson. Request to address Council with regard to the manner in which a complaint concerning the Department of Parks and Recreation was handled by the City administration. Mr. Henry Craighead, Spokesperson. Received and fled. 3 4. PETITIONS AND COMMUNICATIONS: a. A communication from the Honorable Donald S. Caldwell, Commonwealth's Attorney, recommending acceptance of a Multi-Jurisdictional Special Drug Prosecutor Grant from the Commonwealth of Virginia, in the amount of $65,573.00; and appropriation of funds in connection therewith. Adopled Budget Ordinance No. 31239-110992 and Resolution No. 31240-110992. (7-0) 2. A report of the City Manager concurring in the above recommendation. Received and filed. 5. REPORTS OF OFFICERS: a. CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: A report recommending appropriation of additional Title II-A funds, in the amount of $31,356.00, awarded to the Fifth District Employment and Training Consortium from the Governor's Employment and Training Department, and $106,827.00 in carry-over funds, for a total appropriation of $138,183.00. Adopted Budget Ordinance No. 31241-110992. (7-0) 4 A report recommending acceptance of the bid submitted by Magic City Motor Corporation for lease of one new window van for the Sheriffs Department, at a cost of $475.18 per month, for a period of 48 months. Adopted Resolution No. 31242-110992. (6-0, Mayor Bowers abstained from voting.) Director of Finance: A report recommending appropriation of program income received from the Roanoke Redevelopment and Housing Authority and other miscellaneous program income. Adopted Budget Ordinance No. 31243-110992. (7-0) 6. REPORTS OF COMMITrEES: None. 7. UNFINISI-1F~D BUSINESS: None. 8. INTRODUCTION AND CONSIDERATION ORDINANCES AND RESOLUTIONS: OF ao Ordinance No. 31234, on second reading, providing for the dedication of a public utility easement over property of the City along the southerly right-of-way line of Shenandoah Avenue, N. W., as more particularly described herein, upon certain terms and conditions. Adopted Ordinance No. 31234-110992. (7-0) 5 bo Ordinance No. 31235, on second reading, authorizing a conditional permit, revocable at the pleasure of Council, permitting the encroachment of a comer of a planter wall associated with an office building owned by Norfolk and Western Railway Company into the right-of-way of Franklin Road, S. E., upon certain terms and conditions. Adopted Ordinance No. 31235-110992. (7-0) MOTIONS AND MISCELLANEOUS BUSINESS: Inquiries and/or comments by the Mayor and Members of City Council. Vacancies on various authorities, boards, commissions and committees appointed by Council. 10. OTHER HEARINGS OF C1TIZI NS: The following persons addressed Council with regard to the "2 for 1" pension benefit and the City's Pay Plan: Ralph W. Hayes, 1735 - 20th Street, N. E. Diane Poff, 2028 Mt. Vernon Road, S. W. Bob C. Crawford, Jr., 2431 Stanley Avenue, S. E. The Reverend Charles T. Green, 1731 Hanover Avenue, N. W. Shirley E. Clemons, Jr., 1206 - 15th Street, S. E. Evelyn D. Bethel, 35 Patton Avenue, N. E. W. H. Highfield, Jr., 4213 Belle Aire Circle, S. W. Robert Gravely, 1506 Aspen Street, N. W. CERTIFICATION OF EXECUTIVE SESSION. (7-0) Reappointed Lenora V. Williams, Judy A. Bower, Florine Thornhill, Jan Wilkins, Melvin C. Anderson, Jr., Louis E. Ellis and Charles W. Hancock to the Roanoke Neighborhood Pa~hlership Steering Committee. 6 Reappointed Michael W. Ridenhour to the Advisory Board of Human Development. Appointed George A. McLean, III, to the Youth Services Citizen Board. 7 O(fice o~ the Mayor CITY OF ROANOKE rotlamalion WHEREAS, Robert M. McLelland is a great churchman, family man, humanitarian, and an all around great American, and he is attuned to the needs of his fellowman and to the needs of the less fortunate. He demonstrates his warm-hearted concern for others through his capacity as coach, role model, and father figure to countless athletes; and WI-I~RFa~, Mr. McLellartd is a man af ~iruordinary vitality and great coaching ability. He is a legend among athletes not only in the City of Roanoke, but also in the Commonwealth of Virginia, having coached sandlot football for forty-six years during which time he won nineteen championships, twelve second places, and four sportsmanship awards; and WHEREAS, Mr. McLelland is currently on the Youth Sports Committee of the Roanoke Regional Chamber of Commerce, he c. on~s to coac~ the Optimist Club's sandlot football team, and he is a founder of the Fellowship of Christian Athletes Western Virginia Chapter; and WHEREAS, as a result of Mr. McLelland's strong support of programs that provide a better quality of life for the young people of the Commonwealth of Virginia, "McLelland Field" at Victory Stadium was named in his honor, and, most recently, he was i~,_,cted into the Virginia High School League Hall of Fame; and WHE. REA~, aside from his great achievements as coach, Mr. McLelland is a man of great character and enjoys a splendid reputation of integrity and honesty, and his concern for the youn~ psopl~ of the Roanoke Valley is seldom surpassed; and WHERF_.4S, as a token of sincere appreciation for Mr. McLelland's contributions to the total life of the Roanoke community, on behalf of the "Star City," special tribute should be paid to this outstanding individual. NOW, THEREFORE, L David A. Bowers, Mayor of the City of Roanoke, Virgirda, do hereby proclaim Tuesday, November 10, 1992, as in the City of Roanoke, in honor and recognition of the dedication and outstanding accomplishments of Mr. McLelland for the betterment of the Roanoke Valley community and the world of sports. Given under our hands and the Seal of the City of Roanoke this tenth day of November in the year of our Lord, nineteen hundred and ninety-two. A~'I'EST: City Clerk Mayor MARY F. PABI~R City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 21S Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAK1N Deputy City Clerk November 13, 1992 File #178-236 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31238-110992 authorizing execution of Amendment No. I to the contract with the Roanoke Redevelopment and Housing Authority in order to reflect the transfer of $100,000.00 from Limited Critical Repair Program to Downpayment and Closing Cost Assistance Program; the transfer of $100,000.00 HOME funds from Downpayment and Closing Cost Assistance Program to Owner-Occupied Rehabilitation Program; and authorizing appropriation of an additional $100,000.00 of HOME funds in the Owner-Occupied Rehabilitation Program, the combined $200,000.00 of HOME funds to subsidize funding for the Indoor Plumbing/Rehabilitation Program, and to make technical clarifications to the Operation Paintbrush guidelines, as more particularly set forth in a report of the City Manager under date of November 9, 1992. Resolution No. 31238-110992 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 9, 1992. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Eno. pc' Mr. James D. Grisso, Acting Director of Finance Mr. William F. Clark, Director, Public Works Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator Mr. H. Daniel Pollock, Jr., Housing Development Coordinator Ms. Marie T. Pontius, Grants Monitoring Administrator Mr. Barry L. Key, Manager, Office of Management and Budget Ms. Neva J. Smith, Executive Director, Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of November, 1992. No. 31238-110992. A RESOLUTION authorizing execution of Amendment No. 1 to the contract with the Roanoke Redevelopment & Housing Authority to reflect the transfer of certain project funds, to authorize the use of other project funds, and to make technical clarifications to the Operation Paintbrush guidelines. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager or the Assistant City Manager and City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, Amendment No. 1 to the contract with the Roanoke Redevelopment & Housing Authority to reflect the transfer of $100,000.00 from the Limited Critical Repair Program to the Downpayment and Closing Cost Assistance Program, and the transfer of $100,000.00 HOME funds from the Downpayment and Closing Cost Assistance Program to the Owner-Occupied Rehabilitation Program; and to authorize use of an additional $100,000.00 of HOME funds in the Owner-Occupied Rehabilitation Program, the combined $200,000.00 of HOME funds to subsidize funding for the Indoor Plumbing/Rehabilitation Program, and to make technical clarifications to the Operation Paintbrush guidelines, as more particularly set forth in the report to this Council dated November 9, 1992. ATTEST: City Clerk. 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 November 13, 1992 SANDRA H. EAICIN Deputy City Clerk File #178-236 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31237-110992 authorizing an amendment to Fiscal Year 1992-1993 Community Development Block Grant Program Statement of Objectives to reflect the transfer of $100,000.00 from Limited Critical Repair Program to Downpayment and Closing Cost Assistance Program; transfer of $100,000.00 of HOME funds from Downpayment and Closing Cost Assistance Program to Owner- Occupied Rehabilitation Program; and authorizing use of an additional $100,000.00 of HOME funds in the Owner-Occupied Rehabilitation Program, the combined $200,000.00 of HOME funds to subsidize funding for the Indoor Plumbing/ Rehabilitation Program, and to make technical clarifications to the Operation Paintbrush guidelines, as more particularly set forth in a report'of the City Manager under date of November 9, 1992. Resolution No. 31237-110992 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 9, 1992. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Eno. pc: Mr. James D. Grisso, Acting Director of Finance Mr. William F. Clark, Director, Public Works Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator Mr. H. Daniel Pollock, Jr., Housing Development Coordinator Ms. Marie T. Pontius, Grants Monitoring Administrator Mr. Barry L. Key, Manager, Office of Management and Budget Ms. Neva J. Smith, Executive Director, Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of November, 1992. No. 31237-110992. A RESOLUTION authorizing an amendment to FY 1992-93 Community Development Block Grant Program Statement of Objectives to reflect the transfer of certain project other project funds, and to make Operation Paintbrush guidelines. funds, to authorize the use of technical clarifications to the BE IT RESOLVED by the Council of the City of Roanoke that the City Manager or the Assistant City Manager and City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, and to submit to the U.S. Department of Housing and Urban Development an amendment to the 1992 Statement of Objectives to reflect the transfer of $100,000.00 from the Limited Critical Repair Program to the Downpayment and Closing Cost Assistance Program, and the transfer of $100,000.00 HOME funds from the Downpayment and Closing Cost Assistance Program to the Owner- Occupied Rehabilitation Program; and to authorize use of an additional $100,000.00 of HOME funds in the Owner-Occupied Rehabilitation Program, the combined $200,000.00 of HOME funds to subsidize funding for the Indoor Plumbing/Rehabilitation Program, and to make technical clarifications to the Operation Paintbrush guidelines, as more particularly set forth in the report to this Council dated November 9, 1992. ATTEST: City Clerk. MARY F. PARKER 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 November 13, 1992 File #60-178-236 Mr. James D. Grisso Acting Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 31236-110992 amending and reordaining certain sections of the 1992-93 Grant Fund Appropriations, providing for the transfer of $100,000.00 from Limited Critical Repair to Downpayment and Closing Costs, in connection with an amendment to the Fiscal Year 1992-1993 Community Development Block Grant budget and Statement of Objectives to the United States Department of Housing and Urban Development. Ordinance No. 31236-110992 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 9, 1992. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Eno. pc: Mr. W. Robert Herbert, City Manager Mr. William F. Clark, Director, Public Works Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator Mr. H. Daniel Pollock, Jr., Housing Development Coordinator Ms. Marie T. Pontius, Grants Monitoring Administrator Mr. Barry L. Key, Manager, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 9th day of November, 1992. No. 31236-110992. 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: ApPropriations Community Development Block Grant 92-93 Housing FY93 (1-2) ................................. $ 2,437,000 367,500 1) Limited Critical Repair 2) Downpayment and Closing Costs (035-092-9220-5101) (035-092-9220-5117) $(100,000) 100,000 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. November 9, 1992 Honorable Mayor and Members of Council Roanoke, Virginia Dear Members of Council: Subject: Amendments to CDBG Statement of Objectives and to Contract for Services with the RRHA regarding Housing Assistance Programs. I. Background: The Roanoke Redevelopment and Housing Authority (RRHA) administers a variety of housing programs funded from CDBG funds, HOME funds, and other sources. A contract for services for the administration of these activities in the current fiscal year was approved by City Council on August 24, 1992. C. Programs addressed in the contract include: Critical Home Repair component of Limited Critical Repair Program, funded with $I00,000 of CDBG funds. This activity provides for minimal (up to $8,000) repairs of an emergency nature to homes of low-moderate income homeowners, but does not necessarily make all needed repairs to the house. Owner-Occupied Rehabilitation Loan Program, funded with $100,000 of HOME money and an undetermined amount of funding from the Indoor Plumbing/Rehabilitation Program of the Virginia Department of Housing and Community Development (DHCD). Use of HOME funds and DHCD funds for this program require that houses be completely rehabilitated. Downpayment and Closing Cost Assistance Program, funded with $100,000 of HOME funds and $55,617 carry-over CDBG funds. activity provides up to $3,500 per family for downpayment and closing costs to buy a home. This 4. Operation Paintbrush~ $t~6,867 of CDBG funds. II. Current Situation: Joint applications for the Critical Home Repair cornponent~ and Owner-Occupied Rehabilitation Loan and Indoor Plumbing Rehabilitation Programs were taken by the RRHA in July, as prescribed in the Contract, as these three were to serve the same type homeowner. Maximum use of DHCD's Indoor Plumbing/Rehabilitation funding was to be pursued, with City funding held as back-up, in the event that little DHCD funding was accessed. DHCD has yet to commit to funding any of these applications, but total requests outnumber current local funds available. November 9, 1992 Page 2 Rehabilitation of owner-occupied buildings can be administered rela- tively simply with HOME funding. Downpayment and Closing Cost Assistance funds from CDI3G have been depleted· HUD regulatory requirements for use of HOME funds for this activity have not been clarified to make these funds practical for this use. Authority to use CDtSG funds for this activity, which was to expire 9-30-92, has been extended 9-30-93. Principal aspect of the proposed amendments exchanges $100,000 of CDBG funding in the Critical Home Repair component of Limited Critical Repair Program, with $I00,000 of HOME funding in the Down Payment and Closing Cost Assistance Program. Effects of proposed amendments to the CDBG Statement of Objectives and to the Contract for Services with the RRHA include: Renew and simplify the Downpayment and Closing Cost Assistance Program by using CDBG funds instead of HOME funds, which have more restrictive regulations; 2. Provide more HOME funds for rehabilitation of owner-occupied homes III. via Critical Home Repair and Owner-Occupied Rehabilitation activi- ties, which practically have been merged. The combination with the HOME funds and DHCD's funds will allow more homes to receive complete rehabilitation, sooner, than current arrangements allow. Limit use of unused Critical Home Repair funds for Quick Response Emergencies activities. (Quick Response to Emergencies is also a component of the Limited Critical Repair Program and provides funding for emergency repairs for homeowners, particularly those that need attention within 24-72 hours. Quick Response was funded with $62,500 CDBG origi- nally, which has been depleted and is being supplemented with an additional $20,000. However the program description allows the RRHA to use CDBG funds from Critical Home Repair for Quick Response and vice versa. Replacing the CDBG funds with HOME funds would not allow this flexibility, as the repairs typically made under Quick Response are not eligible for HOME funding.) Make technical clarifications to program guidelines of Operation Paintbrush regarding eligibility of vinyl siding and painting of trim and roofs. Issues: A. Consistency with established policies. B. Administrative concerns. November 9, 1992 Page 3 C. Cost to the City. D. Timing. IV. Alternatives: A. Authorize amendments to the CDBG Statement of Objectives (Attachment A), and the Contract for Services with the RRHA (Attachment B) to provide for: Transfer $100,000 CDBG funds from the Critical Home Repair com- ponent of the Limited Critical Repair Program, to the Down- payment and Closing Cost Assistance Program; Transfer $100,000 HOME funds from Downpayment and Closing Cost Assistance to Owner-Occupied Rehabilitation, and authorize use of an additional $100,000 of HOME funds in the Owner-Occupied Rehabilitation Program, the combined $200,000 of HOME funds to subsidize funding received from DHCD through the Indoor Plumbing/ Rehabilitation Program; o Technical clarifications to Operation Paintbrush guidelines regarding siding, trim, and roof paint. Consistency with established policies would be met through enhanced leveraging of funds from DHCD~ long-term benefit of rehabilitation, and enhanced homeownership opportunities. a) Benefit to low-moderate income homeowner recipients of rehabi- litation under Critical Home Repair and Owner-Occupied Rehabilitation activities is greater than in past years, as more total funds are allocated to perform more complete rehabi- litation to more homes. b) Assistance for new homebuyers is increased over current arrange- ments, as the current HOME funding is practically unusable for this purpose. c) Emergency assistance available to homeowners under Quick Response to Emergencies component, although excluded from access to unused funds in the Critical Home Repair component and sure to be depleted quickly, still exceeds that made available last fiscal year or originally budgeted this year. Administrative concerns would be addressed, as these reallocations and adjustment of funds would allow for easier program administration. CDBG funds are much simpler to use for downpayment assistance than are HOME funds, and rehabilitation of owner-occupied homes is the simplest activity for use of HOME funds. November 9, 1992 Page # 3. Cost to the City would be nothing beyond what is already budgeted. Funds would simply be adjusted from one program to another. Timing is such that the Downpayment and Closing Cost Assistance Program may be continued without interruption for homebuyers, and that rehabilitation of homes of low-moderate income homeowners may begin before additional cold weather. Timing of this rehabilitation will also enhance ability to access Indoor Plumbing/Rehabilitation funds from DHCD. B. Do not authorize amendments to CDBG Statement of Objectives and the Contract for Services with the RRHA. Consistency with established policies would still be met, but to a lesser extent, due to the difficulty in using currently allocated funds by the programs to which they are allocated. Administrative concerns relate to the ease of use of certain funds in the programs to which they are currently appropriated. Homebuyers receiving Downpayment and Closing Cost grants from HOME funds will be limited in to whom they may sell their homes, and the amount of return which they may realize on resale. These restrictions will make it difficult to get approved private mortgages with which to buy their homes· The delay in beginning rehabilitation of homes currently needing repair may cause hardships and difficulties in getting this work accomplished through the winter. Cost to the City is nothing beyond what is already budgeted ini- tially, but administrative concerns regarding sources of funding for specific activities could have monitoring costs associated with them in future years. 4. Timing is such that rehabilitation of substandard homes may be delayed, and assistance to first-time homeowners wishing to buy will be delayed until all questions regarding use of HOME funds are resolved. Recommendation is to concur in Alternative A, thereby authorizing amendments to the CDBG Statement of Objectives (Attachment A) and the Contract for Services with the RRHA (Attachment B) to provide for: Transfer $100,000 CDBG funds from the Critical Home Repair com- ponent of the Limited Critical Repair Program to Downpayment and Closing Cost Assistance Program; Transfer $100,000 HOME funds from Downpayment and Closing Cost Assistance to Owner-Occupied Rehabilitation, and authorize use of an additional $100,000 of HOME funds in the Owner-Occupied Rehabilitation Program, the combined $200,000 of HOME funds to subsidize funding received from DHCD through the Indoor Plumbing~ Rehabilitation Program; Technical clarifications to Operation Paintbrush guidelines regarding siding, trim, and roof paint. November 9, 1992 Page 5 Respectfully submitted, W. Robert Herbert City Manager WRH:HDP:rs (CR. 76.1,2,3, #, 5) cc: City Attorney Director of Finance Director of Public Works Building Commissioner Housing Development Coordinator Grants Monitoring Administrator Director of Redevelopment and Housing Authority ATTACHMENT A Hb~ PROJECT CATEGORY: PROJECT TITLE: 13 P.~ABILITATI~ L~mited Critical Repair TOTAL PROJECTED REVENUE BY SOURCE ESTIMATED EXPENDITURE CDBG' FUNDS TOTAL 1992-93 PRIVATE STATE OTHER REVENUE FY 92-93 PROG INCOME TRANSFER~CARRY-OVER $200,758 $ 65,058 $85,700 $35,000 $15,000 $200,758 PROJECT TYPE: On-going program with new funds added. DESCRIPTION: Program is intended to help low and very low income homeowners and owners of property occupied by low and very low income tenants make critically needed repairs to their homes. Subsidies will range from minimal emergency repairs up to $8,000. For very low income homeowners, (below 50% of median income) the subsidy would be in the form of a grant; for low-moderate income homeowners (50%-80% of median income), subsidy would be a loan at 0% interest with payments equal to 10% of ~e homeowner's adjusted income. The subsidies to home owners will be awarded to the neediest applicants whose situations can be stabilized by the allowed repairs. Program assistance for rental units occupied by low income tenants will be matched by funds from the Virginia Department of Housing and Con~nunity Development (HCD) and the owner. Overall, the Program is expected to assist approximately 31 low to moderate income families: LOCATION: City wide. BROAD NAT'L OBJECTIVE: Benefit to low and moderate income persons. SCHEDULE OF ACTIVITY: Activity will continue as soon as practicable after July 1. BUDGET: Grants and loans to property owners $132,500 Project support costs $ 68,258 Total project costs $200,758 ENVIRONMENTAL ISSUES: This activity could result in impact to the environment in a number of ways - historic properties, potential archaeological sites, flood plain location and others. Each project will be reviewed for environmental impacts. 20 amended 11/9/92 HbO PROJECT CATEGORY: PROJECT TITLE: 13 ~m~BILITATIO~I Operation Paintbrush TOTAL PROJECTED REVENUE BY SOURCE ESTIMATED EXPENDITURE CDB~ FUNDS TOTAL 1992-93 PRIVATE STATE OTHER REVENUE FY 92-93~PROG INCOME TRANSFER CARRY-OVER $51,085 $51,085 $51,085 PROJECT TYPE: Ongoing project with new funds. DESCRIPTION: The purpose of Operation Paintbrush is to make a strong visual statement about the viability of a neighborhood by dramatically improving a selected area through siding or painting the exterior of the homes. In addition the program encourages neighborhood volunteerism by involving neighborhood, civic and religious organizations and local businesses in house painting projects on weekends. ~ Operation Paintbrush will paint or install siding on approximately 11 homes during the painting season using private contractors. In addition to painting or residing selected homes, minor repairs necessary for the safety of the homeowner will be made by the contractor. No interior repairs or painting will be done. LOCATION: Belmont, Gainsboro, Hurt Park, Melrose-Rugby, Mountain View, and homes on the waiting list. BROAD NAT'L OBJECTIVE: Benefit to low and moderate income persons. SCHEDULE OF ACTIVITY: Initially homeowners on the waiting list will be served, after which referrals will be made by the neighborhood organizations. BUDGET: Grants to homeowners $ 40,000 Project delivery costs $ 11,085 TOTAL PROGRAM COSTS: $ 51,085 ENVIRONMENTAL ISSUES: Painting houses will not affect the environment. No lead-based paint will be used. No siding will be installed in historic areas including Gainsboro, Hurt Park and Mountain View. 22 amended 11/9/92 ~.'~ PROJECT CATEGORY: PROJECT TITLE: 13 P.~ABILITATIO~ Owner-occupied Rehab TOTAL PROJECTED REVENUE BY SOURCE ESTIMATED EXPENDITURE CDBG FUNDS TOTAL 1992-93 PRIVATE STATE OTHER REVENUE FY 92-93 PROG INCOME TRANSFER CARRY-OVER (HOME) $448,785 $48,785 $200,000 $200,000 $448,785 PROJECT TYPE: New project. DESCRIPTION: The Owner-occupied Rehabilitation Loan Program is designed to facilitate the rehabilitation of houses occupied by low to moderate income homeowners. Funds allocated to the program by the Virginia Department of Housing and Community Development (DHCD) and by the City's HOME allocation will be granted or loaned to qualifying owners of houses not meeting Building Maintenance Code and Housing Quality Standards (HQS). To the extent possible, funds from DHCD's Indoor Plumbing/Rehabilitation Program will be accessed for as many projects as possible. The DHCD funding will be supplemented with $200,000 of the City's HONE allocation. The assistance from either source will be in the form of forgiveable loans or grants. Approximately 32 homeowners will benefit from this program. LOCATION: City-wide. BROAD NAT'L OBJECTIVE: Benefit to low and moderate income persons. SCHEDULE OF ACTIVITY: Program will continue uninterrupted subject to funding availability. REVENUE DETAIL: FY 1993 CDBG $ 48,785 Virginia Housing Partnership Fund 200,000 HOME Partnership Investments 200,000 Total Revenue: $448,785 BUDGET: Loans/grants to homeowners $400,000 Program support 48,785 Total Program Costs: $448,785 ENVIRONMENTAL ISSUES: This activity could result in impact to the environment in a number of ways - historic properties, flood plain location and others. Each project will be reviewed for environmental impacts. 28 amended 11/9/92 ].'~ PROJECT CATEGORY: PROJECT TITLE: 23 DIRRCT~HIPASST. Downpay~ant & Closing Cost Assistance TOTAL PROJECTED REVENUE BY SOURCE ESTIMATED EXPENDITURE CDBG FUNDS TOTAL 1992-93 PRIVATE STATE OTHER REVENUE FY 92-93 PROG INCOME TRANSFER CARRY-OVER $~30,000 ]$~00,000 $30,000 $~30,000 PROJECT TYPE: On-going project with new funds. DESCRIPTION: Through the Downpayment and Closing Cost Assistance Program, the City will provide CDBG funded grants to low and moderate income households (with incomes not to exceed 80% of area median income) throughout the city, in conjunction with any insured mortgage financing. Program provides for the following: o Downpayment assistance not to exceed one-half of the eligible homebuyer's required downpayment; o Closing cost assistance for all normal closing costs and prepaid items; ~ o Total downpayment and closing cost assistance shall not exceed $3,500; o Eligible households must verify that household liquid assets are insufficient to meet required downpayment and closing costs; o Downpayment and closing cost assistance must be fully repaid if the property is sold within three (3) years. LOCATION: City-wide BROAD NAT'L OBJECTIVE This project benefits low to moderate income persons. SCHEDULE OF ACTIVITY: Project will end September 30, 1993 when regulatory provisions expire. BUDGET: Grants to 40-45 eligible households $130,000 ENVIRONMENTAL ISSUES: This activity may affect historic properties, and properties in flood hazard areas. Appropriate reviews will be undertaken prior to assisted construction, if any. 53 amended 11/9/92 o~ ATTACHMENT B Amendment No. 1 to 1992-93 Contract for Services THIS AMENDMENT, entered into this day of November, by and between the CITY OF ROANOKE (Grantee) and the CITY OF ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY (Subgrantee). 1992 WHEREAS, the Grantee and the Subgrantee have, by a Contract for Services under the Community Development Block Grant (CDBG) program, dated August 28, 1992, contracted for the provision of certain services by the Subgrantee in relation to the implementation of the City's CDBG program; and WHEREAS, by Ordinance No. , adopted November 9, 1992, City Council has, and by Resolution No. , adopted November 9, 1992, the Commissioners of the City of Roanoke Redevelopment and Housing Authority have authorized the execution of this amendment to the Contract dated August 28, 1992, such amendment to provide for the administration of portions of certain housing programs. NOW, THEREFORE, the Grantee and the Subgrantee do mutually agree to amend: Part I, Section A to amend subsection 1, to read as follows: Limited Critical Repair Pro~ram - The Subgrantee shall administer portions of the Limited Critical Repair Program in accordance with written guidelines as set forth in Attachment A. Essentially, the Limited Critical Repair Program consists of limited grants or loans to qualified homeowners and landlords to repair or replace seriously substandard components of the owner's struc- ture, using CDBG funds. The total of all such grants/ loans to be made in Fiscal Year 1992-93 shall not exceed $68,985 of CDBG funds. Program delivery costs for this program, including salaries, shall not exceed $137,243. Part I, Section A to amend subsection 3, to read as follows: Operation Paintbrush - The Subgrantee shall administer an exterior home painting, siding, and minor repair pro- gram in accordance with written guidelines as set forth in Attachment B~ using funds made available by the Gran- tee. The general purpose of Operation Paintbrush is to make a strong visual statement about the viability of the neighborhood by dramatically improving a selected area through improving the exterior of homes. The Subgrantee shall procure contractors to paint or install siding on homes according to standard procurement proce-dures. Regulations concerning lead-based paint shall be complied with. The total of all such grants to be made in Fiscal Year 1992-93 shall not exceed $46,867 of CDBG funds. Program delivery costs, including salaries, shall not exceed $11,085. Total Program cost is $57,952. Part I, Section A to amend subsection 8, to read as follows: Down Payment and Closing Cost Assistance Program - The Subgrantee shall administer the Down Payment Assistance Program on behalf of the Grantee, in accordance with Attachment D. This program consists of grants, of up to $3500 each, to low-moderate income buyers of their first homes. Grant funds may be used to pay for up to one-half of the required down payment, all closing costs, and all prepaid expenses, including buy-downs of interest rates. Grants may apply to purchase of any owner-occupied home throughout the City. The Grantee will assist with the marketing and outreach for the Program, will process applications, determine eligibility, and make grants as required for closing of home purchases, secured by a grant agreement with each assisted homebuyer. All such grants shall not exceed $155,617 from CDBG funds, which may not be used for this activity beyond September 30, 1993 unless extended by the Federal government. Total CDBG Program cost is $155,617. Part I, Section A to amend subsection 9, to read as follows: Owner-Occupied Rehabilitation Loan Program - The Subgrantee shall administer an Owner-Occupied Rehabili- tation Loan Program, as projects are approved and funded by the Virginia Department of Housing and Community Development from DHCD's Indoor Plumbing/Rehabilitation Program. Such Program makes grants and loans for qualifying rehabilitation of low and moderate income owner-occupied houses not meeting Building Maintenance Code and Housing Quality Standards. The Grantee agrees that the Subgrantee shall be the applicant to DHCD for funding for the Program. The Program will be adminis- tered in accordance with the guidelines in Attachment ~, supplemented by the Indoor Plumbing/Rehabilitation Program operations manual provided by DHCD. Based on the intentions of DHCD at the time of this Contract, the Subgrantee shall package as many loan applications to DHCD as possible, for submission as early as DHCD will accept them. Grants and loans made under the Program will be made directly from DHCD to the borrower, with the Subgrantee assisting in the packaging of the loans and monitoring of the rehabilitation. Total Program funding will be determined by the projects approved by DHCD from its Indoor Plumbing/Rehabilitation Program. However, at its option, the Grantee may allocate up to $200,000 of HOME funds to the Owner-Occupied Rehabilitation Program to supplement DHCD funding. Program delivery costs, including salaries, shall not exceed $48,785 in CDBG funds. Total Program cost is $248,785 excluding funding from DHCD's Indoor Plumbing/Rehabilitation Program. Part II, Section A to replace Table I with attached Table I. Attachment A, to amend page 9, "Allocation of Funding", to read as follows: The Critical Home Repair Component of the Limited Critical Repair Program is funded in Fiscal Year 1992-93 at $0 in CDBG funds for subsidies. Homes eligible for this component will be referred to and processed for the Owner-Occupied Rehabilitation Program. The ~uick Response to Emergencies Component is funded at $62,500 in CDBG funds for subsidies. These funding levels reflect the intention of the level of service to be provided by the two operations. However, the RRHA may transfer CDBG funds between the two components, upon notice to the city's Housing Development Office, in order to meet realized needs. In addition, the Housing Development Office may have some additional funds that may be released for use with one of the components, if need be. Attachment B, to be replaced with attached Attachment B. Attachment E, I. Introduction, to amend the third (3rd) paragraph to read as follows: In addition to funds allocated by DHCD, the city of Roanoke may allocate, at its discretion, up to $200,000 of its HOME funds to support this Program. The Agreement shall remain unchanged in all other terms and provisions. IN WITNESS WHEREOF, the Grantee and Subgrantee have executed this amendment as of the date first written above. ATTEST: CITY OF ROANOKE City Clerk By City Manager ATTEST: CITY OF ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY Witness Executive Director RRHA CDBG & HOME PROJECT ACCOUNTS Fiscal Year 1993 TABLE I Project Name Limited Critical Repair Other funds: TOTAL LTD CRITICAL REPAIR Private Loan Program Other funds: TOTAL PRIVATE LOAN PROGRAM Operation Paintbrush Other funds: TOTAL OPERATION PAINTBRUSH Mod Rehab SROs TOTAL MOD R~AB SROs Rental Rehabilitation Other funds: TOTAL RENTAL R~{AB NSEPtion Other funds: TOTAL NSEPTION Homeownership Assistance Other funds: TOTAL HOMEOWNERS}LIp ASST Owner-Occupied Rehab Other funds: TOTAL OWNER-OCCUPIED R~AB Gainsboro Enhancement Rehab Other funds: TOTAL GAINSBORO ENHANCE ................. CDBG FUNDS ................. HOME Total Account Numbers Project Admin/Support Funds CDBG & HOME O35-092-9220-5101 62,500 O35-091-9120-5203 6,485 035-092-9210-5036 -- 68,258 0 68,985 68,258 0 137,243 035-090-9020-5105 3,719 035-092-9220-5105 40,000 035-092-9210-5037 -- 52,680 0 43,719 52,680 0 96,399 035-091-9120-5102 6,867 035-092-9220-5102 40,000 035-092-9210-50~8 -- 11,085 0 46,867 11,085 0 57,952 035-092-9210-5073 -- 12,658 0 12,658 12,658 035-092-9210-5039 -- 27,363 200,000 0 27,363 200,000 227,363 035=091-9120-5078 86,614 035=092=9210-5072 -= 21,521 60,000 86,614 21,521 60,000 168,135 035-091-9120-5115 31,656 035-091-9120-5118 16,824 035-O92-9210-5034 -- 53,653 18Z,500 48,480 53,653 182,500 284,633 035-092=9210-5032 -- 48,785 200,000 0 48,785 200,000 248,785 035-091-9120-5109 75,000 035-092-9220-5109 25,000 035-092-9210-5050 -- 14,605 100,000 14,605 114,605 Page 1 PLAN: RRHA9293. ACT amended 11/9/92 TABLE I RRHA CDBG & HOME PROJECT ACCOUNTS Fiscal Year 1993 Project Name De~nwood Addition TOTAL DEANWOOD ADDITION Shaffers Crossing Other funds: TOTAL SHAi.'~'~S CROSSING Hotel Roanoke Redevelop Downtown East Garage Economic Der Investment Other f~nds: TOTAL ECON DEW INVESTMENT Downpayment & Closing Costs Other funds: TOTAL DOWNPMT & CLOSING Urban Renewal Disposition First St/Henry St TOTAL MISC~.Y.ANEOUS RRHA General Administration PROGRAM.TOTALS ................. CDBG FUNDS ................. HOME Total Account Numbers Project Admin/Support Funds CDBG & HOME 035-092-9210-5045 -- 13~052 035-090-9030-5157 11,163 11,163 13,05Z 035-091-9130-5145 457 035-092-9230-5145 40,000 035-092-9210-5047 -- 13,052 40,457 13,052 035-092-9210-5049 -- 13,053 035-09Z-9~10-5074 -- 13,053 035-092-9230-5136 133,000 035-092-9210-5031 -- 13,053 133,000 13,053 035-091-9120-5117 155,617 155,617 035-090-9030-5138 480 035-090-9030-51~ 3,836 4,316 035-092-9210-5035 -- 68,592 739,218 4~,463 24,215 53,509 13,053 13,053 146,053 155,617 642,500 4,316 68,592 1,826,181 Page 2 PLAN: RRHA9293 .AR amended 11/9/92 OPEI~T[ON P~INTBRUSH Pro~r&m ~u[delines ATTACHMENT B GENEBAL DESCRIPTION Operation paintbrush is a program of grants for painting or residing the exterior of homes and related minor repair up to a total of $4,000 per house. The Program is limited to low and moderate income owners of homes referred by the Roanoke Neighborhood Partnership. The general purpose of the Program is to make a strong visual statement about the viability of the neighborhood by dramatically improving a selected area through improving the exterior of homes. In addition, the Program encourages neighborhood volunteerism by involving neighborhood, civic and religious organizations, and local businesses in house painting projects on weekends. The Program is designed to improve the quality of life for neighborhood residents participating in the program by painting or residing their houses and by making minor exterior repairs necessary for the painting job. II. ELIGIBILITY REOUIREMENT A. The applicant must be an owner-occupant; and The applicant must be within HUD Income Guidelines, including from all sources; and The applicant's home must be referred to the Roanoke Redevelopment and Housing Authority (RRHA) by the Roanoke Neighborhood Partnership. The applicant's home must be capable of being resided or painted with minor repairs, as necessary, at a cost not to exceed $4,000. If the house is too large to be addressed for $4,000, it will be rejected from the Program. (This provision may be waived under special circumstances by the Director of Public Works). III. APPLICATION AND SELECTION The Roanoke Neighborhood Partnership staff will accept referrals from selected neighborhood organizations to establish a list of houses to be considered for Operation paintbrush. (These neighborhoods include: Gainsboro, Hurt Park, Melrose-Rugby, Mountain View and Southeast). Prior to referring applicants to RRHA, the Neighborhood Partnership will screen the referrals to eliminate requests for work on rental properties, persons with reported income over the HUD Income Guidelines, or otherwise apparently ineligible. The Neighborhood Partnership will contact the applicant and request they fill out a full application. RRHA will verify homeownership and income and will perform a detailed inspection and work write-up for each of the applicants referred. No previous recipient of assistance under the Operation Paintbrush Program will be eligible again, except in special circumstances as determined by RRHA's Neighborhood Development Director. IV. CONSTRUCTION AND PAINTINO REQUIREMENTS The Program will finance only exterior painting, residing, and minor repairs, principally: Scraping, priming (if necessary), and painting (colors to be selected by the homeowner from a palette approved by RRHA); B. Installation of new siding, including vinyl or aluminum; C. Caulking and glazing windows; Repairs necessary for the safety of the homeowner to include repairing or building new steps, replacing broken window, adding stair rails, repairing or replacing porch floor boards, replacing or repairing entrance doors, and replacing a limited number of siding boards necessary to undertake the painting job. Exterior repairs shall not exceed $$00 in value. Painting of trim and/or metal roofs in conjunction with painting or siding of the exterior. Jobs involving only painting of trim or metal roofs are not eligible. No interior repairs or painting shall be performed by the crew. The owner will sign a release at completion of work, indicating that the job is complete and work was satisfactory. Ve FORM OF SUBSIDY Painting, residing, and repair work subsidy will be in the form of a grant, not to exceed ~4,~0~ (including all costs). No repayment is expected. VI. SELF-HELP In limited cases, an applicant may be referred to RRHA by the Neighborhood Partnership as a self-help project. In this instance, an estimate will be made by RRHA inspectors as to the amount of paint required to paint the house. After the applicant is screened under normal procedures by the RRHA, as to homeownership and income, the paint will be purchased by RRHA and delivered to the applicant. Applicant will sign an agreement that the house will be painted within six (6) months of receipt of materials or the paint will be returned. RRHA staff will confirm that painting has been completed. NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY COUNCIL The Roanoke City Council will hold a public hearing on Monday, November 9, 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, in order to consider an amendment to the Fiscal Year 1992-1993 Community Development Block Grant budget and Statement of Objectives to the United States Department of Housing and Urban Development (HUD). On November 10, 1992, the City of Roanoke will submit to HUD an amendment to the City's statement of community development objectives for fiscal year July 1, 1992 through June 30, 1993. This amendment will transfer $100,000 from CDBG Limited Critical Repair to the Downpayment Assistance Program, and transfer $100,000 from the City's HOME funding allocation for downpayment assistance to the HOME Owner-occupied Rehab program. The result of these changes will reduce substantially the amount of funds available for the Critical Home Repair program, but will make larger rehab grants available through HOME funds. In addition, more grants for downpayment assistance will be available. The transfer of funds is advisable to facilitate administration under the differing regulatory requirements of the HOME and CDBG programs. More details of the proposed activities are available in the City Clerk's Office, Room 456, or the Office of Grants Compliance, Room 362, Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011, phone 981-2141. Given under my hand this 27th day of October, 1992. Mary F. Parker City Clerk Please publish in Thursday, October 29, 1992 edition of the Roanoke Tribune. Publish in display ad format, not legal ad. Bill: Office of Grants Compliance Room 362, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Attention: Marie Pontius 981-2141 David A. Bowers Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 Church Avenue, S.W. Room 452 Roanoke, Virginia 24011-1 $94 Telephone: (703) 981-2444 November 9, 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, Mayor DAB: se ~¥or Beverly T. Fitzpatrick, Jr. Vice-~yor CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (703) 981-2541 November 9, 1992 Council Members: Elizabeth T. Bowles James G. Harvey, II Delvis O. "Mac" McCadden Howard E. Musser William White, Sr. The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: As Chairman of City Council's Personnel Committee, I am requesting two Executive Sessions. The grounds for the two Executive Sessions are as follows: To discuss a personnel matter being the performance of a specific public officer, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended; and To discuss a personnel matter being the compensation of a specific public officer, pursuant to Section 2.1-344 (A) (1), Code of Virginia (1950), as amended. BTFjr:se MINUTES OF THE AUDIT COI~IITTEE OF ROANOKE CITY COUNCIL November 2, ~992 [:ITY NOV-4 A10:51 1. Call to order: The meeting of the Roanoke city Audit Committee was called to order at 1:00 p.m. on November 2, 1992, with Chairman, William White, Sr., presiding. · The roll was called by Mr. Bird. Audit Committee Members Present: William White, Sr., Chairman Mayor David A. Bowers Delvis O. McCadden Others Present: Elizabeth T. Bowles, Council Member Robert H. Bird, Municipal Auditor W. Robert Herbert, city Manager James D. Grisso, Acting Director of Finance William X. Parsons, Assistant City Attorney Gordon E. Peters, City Treasurer Jesse A. Hall, Adm. of City Acct. Services Deborah J. Moses, Chief of OBC Thomas F. Baldwin, EDP Audit Supervisor Michelle R. Jones, Auditor Evelyn W. Barger, Administrative Assistant Kenneth F. Mundy, Controller, School Board Joel Turner, Press EXTERNAL AUDITS - Roanoke City Public School Activity Funds: The motion was made by Mr. McCadden and seconded by Mayor Bowers to receive and file the Roanoke City Public School Activity Funds report. The motion was approved unanimously. Clerk of Circuit Court Audit Report - November 18, 1991 Turnover Audit: Mr. Bird informed the committee that he received a report by the Auditor of Public Accounts for the term of A. Dale Hendrick as Clerk of Circuit Court. Purpose of the audit was to account for assets and records being turned over to the newly elected Clerk, Arthur B. Crush, III. INTERNAL AUDITS - Audit Findings Follow-Up, Building Inspection/Permits, and Property Rental/Lease Billings: The motion was made by Mr. McCadden and seconded by Mayor Bowers to receive and file the three internal audit reports. The motion was approved unanimously. Mr. Bird gave a brief discussion on all three of the above audits to the committee. ~udit Committee Minutes Page 2 November 2, 1992 4w Mayor Bowers said that the building permit fees and elevator inspection audit findings were not acceptable, especially since they were not following city Code. Mayor Bowers expressed to Mr. Bird and city management his concern that we take care of these issues. Mr. White reported to the committee that he sees serious weaknesses in the building inspection audit. He requested that Mr. Bird follow-up on weaknesses and report progress back to the Audit Committee. Mr. White requested that Mr. Bird and city management pursue the issue of collecting the unpaid lease obligation on the city Market Building. UNFINISHED BUSINESS: A. External Audit Contract - Request for Proposal The motion was made by Mayor Bowers and seconded by Mr. McCadden to approve the Request for Proposal for advertising and distribution. The motion was approved unanimously. Mr. Bird briefed the committee that this is essentially the same RFP that went out 4 years ago with the exception of adding the Roanoke Redevelopment & Housing Authority and a separate financial statement for the Roanoke city School Board. Mayor Bowers stated that the city of Roanoke has a fine Municipal Auditor and audit staff. The RFP is an indication to the citizens of Roanoke that the City does take precautions to make sure that the citizens have a good sound government. B. External Quality control Review - Update: The motion was made by Mr. McCadden and seconded by Mayor Bowers to receive and file the External Quality Control Review report. The motion was approved unanimously. Mr. Bird briefed the committee on the External Quality Control Review. The team consisted of 3 qualified internal audit personnel from other Virginia localities. The Municipal Auditing department received an unqualified opinion and was in compliance with government auditing standards. Mr. Bird informed the committee that there was one finding that deals with procedures to document whether auditors have any personal impairments before performing an audit. Mr. Bird informed the committee that this finding will be taken care of and procedures put in place before December 31, 1992. The total cost of the review was $1,604.17. This cost is under the initial estimate of $2,200.00. · ~Audit Committee Minutes Page 3 June 1, 1992 Mayor Bowers read the last paragraph in the report that was issued to the Municipal Audit department. "We would like to take this opportunity to compliment the Municipal Auditor's office on their high level of compliance with government auditing standards." NEW BUSINESS~ The next Audit Committee meeting will be December 7, 1992, at 1:00 p.m. Mr. White thanked everyone for their support in helping him through his first Audit Committee meeting. He said that he looked forward to a good year with a broader audit scope and audit effectiveness. Adjournment: There being no further business, the meeting adjourned at 1:25 p.m. William White, Sr., Chairman Mary F. Parker city Clerk Room 456 Municipal Building 215 Church Ave. SW Roanoke, VA 24011 To the Honorable Mayor and Members of city Council: The residents of Carter Road, SW would like to address Council on November 9, 1992, regarding the installation of stop signs on our street. Our spokesperson will be Mr. Jonathan Apgar. ~annette Borling 2205 Carter Road Roanoke, VA 24015 R,_C~, CITY C~ ~ '92 [lOT 29 P12:55 P. O. Box 6591 Roanoke, Virginia October 29, 1992 24017 The Honorable Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: Please find enclosed copy of a letter under date of October 12, 1992, from Mr. W. Robert Herbert. I would request that I be placed on the agenda of Roanoke City Council for the Monday, November 9, 1992, meeting scheduled for 7:30 p.m., to address my dissatisfaction with my complaint as addressed in Mr. Herbert's letter, with the Parks and Recreation Department, and the way in which it was handled. Your assistance would be appreciated. Sincerely, Henry Craighead Office of ~ne C~5, Manager Mr. Henry Cra~head P.O. BOX ,-~E~9~ Roanoke, VA 24017 October 12, 1992 Dear Mr. Craighead: Co~Incilman Fitzoatrtck re6ently 'fOrwarded your 'letter to ms regarding your c~n6e~s about softball official James Whorley, and I wish to take this opportunity to respond to your letter. I am sorry you are upset with the decision made by Mr. Whorley to eject you from the park. Obviously, in situations such as this, we usually receive conflicting reports, as umpires and players generally see things from a different perspective. However, I have asked staff to further investigate this situation to assure that Mr. Whorley (as well as our other officials) remain as fair as possible in making decisions regarding the games they officiate. Staff will be speaking with some of the members of your team during this process, if they have not done so already. Your letter-suggested the possibility that'the recreation staff had instructed Mr. Whorley to "get you," because of an issue regarding restrooms '~t' Jackson Park. I have asked some questions, and learned the following= (1) Portable toilets had been installed near the ball diamond at Jackson in April, but had been vandalized and 'overturned many times. The company that provides these toilets (Churchills) finally insisted that Parks and Recreation pay every time it was necessary ko ~ervice the overturned toilets. They finally had to be removed in August. (2) The small building that is on the site near the ball field was constructed totally by the Southeast Recreation Club. The building currently contains only one toilet fixture, and the club allows use of this toilet only when they have the concession stand open, They have found that selling concessions during adult games results in a revenue loss, as expenditures exceed sales, so the stand is only operated during youth games. (3) The Health Department was informed by recreation staff that there is a restroom facility open and available in the park. There is. The facility is located in the Room 364 Munlclpol Building 2 'l 5 C~rd~ Avenue, $.W. Roanoke, Virginia 240 t ¢ (703) 98 '1-2333 (4) (6) In regard (1) (2) picnic shelter next to Buena Vista Recreation Center, and is open throughout the summer months. Though not extremely convenient for use by those attending ball games, it is still just a Short walk up the hill. Numerous parks have no restroom facilities at all, and there is Some question that any would have to be closed for that reason. However, I have asked the staff to discuss the issue with Mr, William Shires of Environmental Health. Staff have met with representatives of the Southeast Recreation ClUb to discuss the steps needed to finish the restroom facilities within the ball diamond concession stand, in order that they might be opening during all Jackson. games next year. 'Although some significant expenditures might be incurred, this is nevertheless a possibility. We will know more regarding this in the months to come. I am confident that your concern regarding the Recreation Department telling Mr. Whorley to "get you" is unfounded, These are professional people who have neither the time nor inclination to engage in such inappropriate behavior. They have nothing to gain from it. to the testing and payment of umpires~ City softball leagues play under the guidelines of the Amateur Softball Association (ASA). County leagues play under the gUidelines of the United States Slow-Pitch Softball Association (USSSA). To umpire in a county league one must pass the USSSA test, and therefore be USSSA certified. To umpire in a city league you must pass the ASA test, and take part in a 6 hour state ASA Umpires' Clinic hosted by ASA staff at the Recreation Department, Mr. Whorley enrolled in the clinic and was ASA certified. He WaS not required to be USSSA certified to umpire in the city league. Softball umpires pay rates: The county pays $12 per game. The city pays $11.50 per game, slightly less than the county. Mr. Craighead, your letter did not indicate whataction you desired the city to take in regard to Mr. Whorley. I understand that you won your game that night, so obviously a protest was not in order, and if it had been, ASA specifies the appropriate procedures. Mr. Whorley has met the ASA standards required of city umpires. If he acted inappropriately in ejecting you from the park, then it was a mistake in Judgement, but, unless such mistakes are repetitive, they are not grounds for dismissal, They do, however, warrant discussion with the particular official. If investigation suggests that the ejection was inappropriate, such discussion will take place. I am sorry the incident upset you, and hope that this letter has answered your expressed concerns. Sincerely, W. Robert Herbert City Manager C: Beverly Fitzpatrick, Jr., Vice Mayor William Clark, Director of Public Works William Shires, Health Department Gary Fenton, Manager, Parks, Recreation and Grounds Owen Grogan, Recreation Superintendent Ruth Wilkinson, Athletic Supervisor P. O. Box 6~1 Roanoke, Virginia October 2, 1992 24017 The Honorable Beverly T. Fitzpatrick, Vice Mayor, City of Roanoke Roanoke, Virginia Jr~ Dear Vice Mayor Fitzpatrick: When I called you on october 1, 1992, around 8:45 p.m., I told you that I could not find Mayor David Bowers telephone number, so I called you. You told me to bring a statement to that effect to your office the next day. This is what happened. On October 1, 1992, around 8:15 p.m., we were in the middle of a Co-Ed Softball game at Jackson Park. The Base Umpire whose name is Whorley called one of my players Melinda Payne out at first base though the first baseman was off the base. When my team went back on the field, Melinda Payne tagged Tim Peters out at second base and Whorley called Peters safe. After the third out, I asked my Assistant Coach, Terry Oater, to go with me to talk with the two Umpires. I told them that this is supposed to be recreation, so they should call the game right. Whorley asked me if I was challenging his integrity. I told him he could accept it anyway he wanted to. As we were leaving the field near first base, he started following me off the field "which is a violation." When I went to the third base coach, he still followed and told me; "Henry, you are out of the game, and I give you two minutes to get in the Parking Lot." I went directly to a telephone at Ninth Street and called you after I could not find Mayor Bowers telephone number. I went back to the Parking Lot and waited for the game to end. Bob Carpenteri who is a State Trooper asked Whorley why he had put me out of the game for making a sensible statement. Whorley told Bob Carpenteri that the season was almost over and he had to put me out of the game before it ended. Whorley also told Melinda Payne that he and I hadn't had a "run- in" in five years and he knew it was time. This was untrue because Head Coach Linda Bear had to "over-rule" a play that he called at second-base against my team last summer. I don't know for sure, but Whorley may have been advised by the Recreation Department to get me because I had to call the Health Department about "no toilets" at Jackson Park when the Vice Mayor Fitzpatrick Page 2 October 2~ 1992 Health Department checked with the Recreation Department, they lied and said that toilets were there. The Health Department checked for themselves and found there were none. So they said they could use the portable toilets the rest of the season, but toilets with running water would have to be built or they would have to close the Park. I am hoping that the complaint about Whorley can be taken care of right away. I hope to hear from you by 12:00 noon on Monday, October 5, 1992. I am trying to avoid a news conference by "Concerned Citizens for Justice." The Co-Ed "Softball Play-Offs" will start on Tuesday, October 6, 1992, at Fallon Park, Southeast, We will play at 9:15 p.m. I do not understand why Roanoke City Recreation Department will accept officials that cannot pass the Test in Salem and Roanoke County when Roanoke City pays more. I told my players that I don't give out their phone numbers, but that I would give them to you and Mayor Bowers so you two can call them. Jim Hambrick Bob Carpenteri Terry Oates · Todd Clingenpeel Henry English Manuel Bc~anegra Shenna Johnson Melinda Payne Lynn Brown Jolene Hippert Angela Hale Linda Iddinger Rhonda Pacetti William Beaver Dave Kirby Bobbie "Barbara" Johnson Linda collins 989-3327 977-0258 342-6420 989-4395 721-1317 265-2463 977-2102 981-3436 345-8197 389-7983 345-2182 929-4503 345-2268 745-4053 389-7983 342-4768 342-4768 (Roanoke City Policeman) (State Trooper) (Roanoke City Policeman) (703) (703)/745-4467 Yours Truly, Henry Cratghead, Vice-President Concerned Citizens for Justice Vice Mayor Fitzpatrick Page 3 October 2, 1992 pc: The Honorable David A. Bowers, Mayor Ms. Perneller Wilson, President, Concerned Citizens Justice Rev. Benjamin Tyree, Second Vice President, Concerned Citizens for Justice for 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 November 13, 1992 File #133-236 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31240-110992 authorizing acceptance of a Multi- Jurisdictional Speciai Drug Prosecutor Grant made to the City of Roanoke by the Commonwealth of Virginia, in the amount of $65,573.00, for the period of September 1, 1992, through June 30, 1993; and authorizing acceptance, execution and filing of all appropriate documents to obtain said grant, as more particularly set forth in a report of the City Manager under date of November 9, 1992. Resolution No. 31240-110992 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 9, 1992. Sincerely, ~,~__.. Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc o pc' The Honorable Donald S. Caldwell, Commonwealth's Attorney Mr. Joel M. Schlanger, Director of Finance Mr. George C. Snead, Jr., Director, Public Safety Mr. Barry L. Key, Manager, Office of Management and Budget Ms. Marie T. Pontius, Grants Monitoring Administrator IN THE COUNCIL OF THE CITY OF ROANOKE, The 9th day of November, 1992. No. 31240-110992. VIRGINIA, A RESOLUTION authorizing the acceptance of a Multi- Jurisdictional Special Drug Prosecutor Grant made to the City of Roanoke by the Commonwealth of Virginia and authorizing the acceptance, execution and filing of all appropriate documents to obtain such grant. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby accepts the Multi- Jurisdictional Special Drug Prosecutor Grant No. 92-A7890AD in the total amount of $65,573.00 from the Commonwealth of Virginia for the period of September 1, 1992, through June 30, 1993. 2. The City Manager or the Assistant City Manager is hereby authorized to accept, execute, and file on behalf of the City of Roanoke any and all appropriate documents required to obtain such grant, as more particularly set forth in the report to this Council dated November 9, 1992. 3. The City Manager is further directed to furnish such additional information as may be required in connection with the City's acceptance of such grant or with such project. 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) 981-2541 SANDRA H. EAKIN Deputy City Clerk November 13, 1992 File #60-133-236 Mr. James D. Grisso Acting Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 31239-110992 amending and reordaining certain sections of the 1992-93 Grant Funds Appropriations, providing for appropriation of $65,573.00, in connection with acceptance of a Multi-Jurisdictionai Special Drug Prosecutor Grant made to the City of Roanoke by the Commonwealth of Virginia, for the period of September 1, 1992, through June 30, 1993; and authorizing acceptance, execution and filing of all appropriate documents to obtain said grant. Ordinance No. 31239-110992 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 9, 1992. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Eno. pc: The Honorable Donald S. Caldweli, Commonwealth's Attorney Mr. W. Robert Herbert, City Manager Mr. George C. Snead, Jr., Director, Public Safety Mr. Barry L. Key, Manager, Office of Management and Budget Ms. Marie T. Pontius, Grants Monitoring Administrator IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 9th day of November, 1992. No. 31239-110992. 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: &ppronriations Judicial Administration Multi-Jurisdiction Drug Grant FY93 $ 482,233 (1-2) ............. 65,573 Revenue Judicial Administration Multi-Jurisdiction Drug Grant FY93 $ 482,233 (3) ............... 65,573 1) Regular Employee Salaries 2) Administrative Supplies 3) State Grant Receipts (035-026-5125-1002) $59,483 (035-026-5125-2030) 6,090 (035-035-1234-7131) 65,573 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. '92 N uV-4 P5:03 Roanoke, Virginia November 9, 1992 Honorable Mayor and City Council Roanoke, VA Dear Members of Council: Subject: Acceptance of Multi-Jurisdictional Drug Prosecution Grant I concur with the recommendation of the above subject recommend it to you for appropriate action. Respectfully submitted, W. Robert Herbert City Manager WRH:mp cc: City Attorney Director of Finance and r MMoNWEALTH' OF Hiltv Melvin L. ~~ f~ % VIR61Ni& CITY OF ROANOKE REGIONAL DRUG PROSECUTOR ROANOKE, VIRGINIA 24011 November 9, 2992 '92 10 /-5 8:34 nouo~=~*= David A Bowers, Mayor and ....... ' .... = ' ' m~mDei~ ui City COUi]Cil Roanoke, Virginia Grant Dear ~uayu~ Bowers and "- ~ -'- of ~' BackQ-r ound ==u=r=l ~uuCiinq was made available uu tf~e of Virginia to be used for- uu~ u=veiupm~nu of several ...... '- ,J u.~ ~ ~u a.,..: u J.u~a · Special Dru~ Prosecutors positLons were u=v=xup=u to =moil~3 ~liu~p~ioeil~ j uz ~di~ ~lolim , reduce fractlonai and assets, utilize federal, state and.uu~. ..... resources to assure prosecutorial resources Co ~'uil~ ...... i ~W/Uli~i: .... di-u~G - Federal ur~liu Jury. t. ii ~ ~uuurii=ys of Craiq County-, =ieluKlln Roanoke and .... ~' C. CJ_ty~ULU~:~ ................. clt:~:epc=,.~ the Multi-Jur~sdictioi~al ...... Dru9 P~o~=~:ucu~ G~ant tn~p~'- -~, "~,~moo and a =u~-u~m= bDecfal ~ug P~osec:utor was ~=u zu Duly, 1988. Mayor David A. Bowers Page Two l~v~mu~i 9, 1992 II. iV. Vo ~.ui t =l~ ~ Situation "~ Commodore=iud* ~ Attorneys' Services A. A__u.qast aw, 1992 - The ~uun~u nou~d the amuv~-m~lu~u~d Co~ ~ u~w~u~ s Attorneys that this ---t-' of $65,57~ ~ fol .... per[od September i, 1992 un~ ougn June 30, 1993. A. Prosecutorial~u~s a~ainst Druq ...... ~ ~ ...... _ B. Cost. A. Concur Jn ~,~ acceptanceuz-= Multi-Jurisdictionalz,p=uz~z Dru9 Prosecutor Grant ~2-~,o90~u renewed in 5he ~,~uu~u of ~ou,u~o.uu ~u~ une period September x, ~992 thzou,3h June riu~:uu~z~ai Efforts against Dr~g Traffickinq = =~**ced because of ........ : ='-- and .... =~ - ~ ~ -- '== and - --: - ~ ~ - -~ ' ' .... ' ~p=~z~=mz~u expertise, n~:~pzo~C~ also allows ....... of the '- -= ........ of a mu~um-our~suluuxu~ Grand Jury to aid Grant. B. ~Ai Council not aoeept ..................... ~.~ ~ P~u~=~:u=u~z Effortsogo~ll~u---~ .... u=~i~ ....~=f=u~*q:-":-'' will not be ......... applu=u~=u as a regional concept. 2. Cost '"" = remain tile same muu ~i~ wuu~u advangage State uu~ux~,g s~Dport ~or a worthy projecL would not be '- ~ ~ A. Cit~ ~ou~c~ concur in Aiterhative "A" and aiiu~ for the acceptance of and continued participation in State Grant ~S2- u~= amount o~ $65,573.u"*u for .... u~= perkod of September %, Ehrough June ~ ou, 1993. Mayor David A. Bowers Members of City Council Pag= Three November 9, 1992 ~u~nu~z= ~ ~.2 ~3 ~'~*~g=~ to si~ii execBce all C. Appropriate $65,o,3.00 zu~ ..... ~x~= Multz-Jurmso~¢t~.onai Spec[ai Drug ....... ~ ..... and =~uao~l a ~uz~=~pu~uz~ revenue esu~,~u~ ~uo accounts to D= =~u~m=~ byun= Director u= submitted, Donald S. ~luw=~ O$C/msh City MahaqeY City Attorney D~rector of Finance Dtrector of Administration & Public Safety MARY F. PARKER City ~lerk 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 November 13, 1992 File #60-236-246 Mr. James D. Grisso Acting Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 31241-110992 amending and reordaining certain sections of the 1992-93 Consortium Fund Appropriations, providing for appropriation of $138,183.00, in connection with additionai Title II-A funds awarded to the Fifth District Employment and Training Consortium from the Governor's Employment and Training Development Department. Ordinance No. 31241-110992 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 9, 1992. Sincerely, ~.~ . _ Mary F. Parker, CMC/AAE City Clerk MFP: sw Ene. pc: Mr. W. Robert Herbert, City Manager Mr. James D. Ritchie, Director, Human Development Ms. Vickie L. Price, Administrator, Fifth District Employment and Training Consortium Ms. Corinne B. Gott, Manager, Social Services Mr. Barry L. Key, Manager, Office of Management and Budget Ms. Marie T. Pontius, Grants Monitoring Administrator 1992-93 Consortium Fund Appropriations, and emergency. WHEREAS, for the usual daily operation IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 9th day of November, 1992. No. 31241-110992. AN ORDINANCE to amend and reordain certain sections of the providing for an Government of the exist. 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 Consortium Fund Roanoke Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A ro riations Fifth District Employment & Training Consortium - FY93 Title II - A78% (1) ................................ $1,883,888 1,028,568 Revenue Fifth District Employment & Training Consortium - FY93 Title II - A78% (1) ................................ $1,883,888 1,028,568 1) Funding Authority 2) Title II-A (034-054-9361-9990) $138,183 (034-034-1234-9361) 138,183 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. '92 NOV-4 R2:04 November 9, 1992 Roanoke, Virginia Honorable Mayor and City Council Roanoke, Virginia M~mbers of Council: Funding for the Fifth District Employment and Training Consortitm~ ~.{.ifth. D~i.st¥ict Employment and Trainin~ Consorta~n was awarded zczonaz ~'ltie II-A funds from the Governor's Employment and Training Department (GETD). City of Roam~ke is tb~ grant recipient for Consortim~ funding. City Council must appropriate the funding for all grants the Consorti~n receives. II. CURRENT SITI~TION A. Consortium has received Notice of Award (NOA) # 93-03-02 from the B. .Notice of Award #93-03-02 provides for additional Title II-A fundin~ ~zn the .a~o~t o.f $31~356.00, plus $106,827.00 in carry-over funds, for a total of $138~183.00. III. ISSUES A. Program Operations c. City Council Report November 9, 1992 Page 2 IV. AL'rm4NATIVES Appropriate the Consorti~n's additional funding of $138~183.00 and increase the revenue estimate by $138,183.00, ~n accounts to b~ established by the Director of Finance. Progrmn Operation - Planned programs will be ~mplemented and new programs will be initiated by the Consortium's Policy Board and Private Industry Council. Consorti~n staffing levels will be maintained. Funding - Increased funding is available from the grantor agency at no cost to the city. 3. ~ -. Imnediate action will allow progrmns to be implemented ana completed within planned t/meframes. B. Do not appropriate the Consortium's additional fundin~ of $138,183.00. Progr~a Operation- Planned and additional progrmns to serve participants would be curtailed. Consortium staffing would be reduced. 2. Funding- Not a factor. 3. Timing- Delay will cause underexpenditure of available funds. V. RECC~4MENDATION A~prove Alternative A: Appropriate the Consortium's additional fundin~of $138,183.00 and increase the revenue estimate by $138~183.00, in accounts to b~ established by the Director of Finance. Respectfully submitted, W. Robert Herbert City Manager WRH/JDR/lr cc: Director of Finance City Attorney MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2~1011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk November 13, 1992 File #121-472 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31242-110992 accepting the bid of Magic City Motor Corporation for lease of one new eight passenger window van, at a monthly rental rate of $475.18, for a term of 48 months, for use by the Sheriff's Department. Resolution No. 31242-110992 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 9, 1992. Sincerely, ~0.~ Mary F. Parker, CMC/AAE City Clerk MFP: sw EBC. pc: The Honorable W. Alvin Hudson, City Sheriff Mr. James D. Grisso, Acting Finance Director Mr. Kit B. Kiser, Director, Utilities and Operations Mr. D. Darwin Roupe, Manager, General Services Mr. William F. Clark, Director, Public Works Mr. James A. McClung, Manager, Fleet and Solid Waste Management 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 November 13, 1992 File #121-472 Mr. Don C. Hampton Truck Sales Manager Magic City Motor Corporation 809 Williamson Road, N. E. Roanoke, Virginia 24016 Dear Mr. Hampton: I am enclosing copy of Resolution No. 31242-110992 accepting the bid of Magic City Motor Corporation for lease of one new eight passenger window van, at a monthly rental rate of $475.18, for a term of 48 months, for use by the Sheriff's Department. Resolution No. 31242-110992 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 9, 1992. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 9th day of November, 1992. No. 31242-110992. A RESOLUTION providing for lease of one new eight passenger window van for use by the Sheriff's Department, upon certain terms and conditions, by accepting a bid made to the City for the lease of such vehicle. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The bid submitted by Magic City Motor Corporation to lease one (1) new eight passenger window van at a monthly rental rate of $475.18, for a term of 48 months, is hereby ACCEPTED. 2. The City's Manager of General Services is hereby authorized and directed to issue any required purchase orders for the lease of such vehicle, and the City Manager or the Assistant City Manager is authorized to execute, for and on behalf of the City, any required lease agreement with respect to the aforesaid vehicle, such agreement to be in such form as shall be approved by the City Attorney. ATTEST: City Clerk. CITY CI Roanoke, Virginia November 9, 1992 '92 NOV-4 ?5:03 Honorable Mayor and City Council Roanoke, Virginia Dear Members of City Council: SUBJECT: Leasing of One (1) New Window Van For Sheriff's Department, Bid Number, 92-9-138 I. Background Window Van type vehicles are necessary for transportation of prisoners as required by the Sheriff's Department. Specifications were developed and along with a request for quotation, were sent to seven (7) vendors that are currently listed on the City's bid list. This request for bids was also published in the Roanoke Times and World News and the Roanoke Tribune. Bids received, after due and proper advertisement, were publicly opened and read at 2:00 p.m. on Thursday, October 29, 1992 in the Office of the Manager of General Services. Requested vehicle is needed which has high milage and maintenance cost. II. Current Situation to replace an existing van is experiencing increased III . Only One (1) bid response was received. That response was submitted by Magic City Motor Corporation. B. The bid received was evaluated by the City Sheriff, Manager of General Services and Manager of Fleet Maintenance. The bid, submitted by Magic City Motor Corporation meets all required specifications for the cost of $475.18 per month. Issues A. Need B. Compliance with Specifications Window Van Bid No. 92-9-138 Page 2 C. Expense Reimbursement D. Fund Availability IV. Alternative Accept the bid submitted, to lease One (1) new Window Van for the Sheriff's Department for a period of 48 months, from Magic City Motor Corporation for the cost $475.18 per month. 1. Need - Requested vehicle is necessary to perform required duties of the Sheriff's Department. Compliance with specification - The bid submitted by Magic City Motor Corporation meets all required specifications. Expense Reimbursement - The State of Virginia will reimburse at $.275 per mile for this vehicle. o Fund availability - Funds are available in the Sheriff's Equipment Rental Account #001-024-3310- 3070. B. Reject the bid Need The support for prisoner transportation duties of the Sheriff's Department would not be accomplished in the most efficient and effective manner. Compliance with specifications would not be a factor in this alternative. Expense Reimbursement would not be a factor in this alternative. 4. Fund availability Funds available for this expenditure would not be expended. Window Van Bid No. 92-9-138 Page 3 Recommendation A. Council concur with Alternative "A" - accept the bid to lease One (1) new Window Van for the Sheriff's Department for a period of 48 months as submitted by Magic City Motor Corporation for the cost of $475.18 per month. Respectfully Submitted, W. Robert Herbert City Manager cc: City Attorney Director of Finance MARY F. 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 November 13, 1992 File #60-178-200 Mr. James D. Grisso Acting Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 31243-110992 amending and reordaining certain sections of the 1992-93 Grant Fund Appropriations, providing for appropriation of program income received from the Roanoke Redevelopment and Housing Authority and other miscellaneous program income, to be used for community development purposes. Ordinance No. 31243-110992 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 9, 1992. Sincerely Mary F. Parker, CMC/AAE City Clerk MFP: sw Eric. pc: Mr. W. Robert Herbert, City Manager Mr. Barry L. Key, Manager, Office of Management and Budget Ms. Marie T. Pontius, Grants Monitoring Administrator Mr. William F. Clark, Director, Public Works Mr. John R. Marlles, Chief, Community Planning Ms. Neva J. Smith, Executive Director, Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 9th day of November, 1992. No. 31243-110992. 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 exist. THEREFORE, that Roanoke Appropriations, be, to read as follows, city of Roanoke, an emergency is declared to BE IT ORDAINED by the Council of the City of certain sections of the 1992-93 Grant Fund and the same are hereby, amended and reordained in part: Appropriations Community Development Block Grant - FY92 Unprogrammed CDBG (1-4) ............................ Revenue Community Development Block Grant - FY92 (5-11) .... $ 2,325,712 43,622 $ 2,325,712 1) Unprogrammed CDBG-RRHA (035-091-9140-5197) $ 19,934 2) Unprogrammed CDBG-Float Loan Interest (035-091-9140-5188) 6,275 3) Unprogrammed CDBG- Home Purchase Program (035-091-9140-5192) 14,131 4) Unprogrammed CDBG- Other Income (035-091-9140-5189) 3,282 5) Parking Lot Income-RRHA (035-035-1234-9202) 8,445 6) Other Program Income-RRHA (035-035-1234-9203) 11,489 7) Williamson Road Garage Income 8) Loan Payment - NNEO 9) Interest on Float Loan 10) Home Purchase Assistance Program 11) Interest on Program Income (035-035-1234-9207) 2,394 (035-035-1234-9209) ( 245) (035-035-1234-9221) 6,275 (035-035-1234-9222) 14,131 (035-035-1234-9223) 1,133 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. e3EPARTMENT OF FINANCE CITY OF' ROANOKE, VA. '92 NOV-3 P3:04 November 9, 1992 TO: FROM: SUBJECT: Honorable Mayor and Members of City Council James D. Grisso, Acting Director of Finance Appropriation of Program Income Received from Roanoke Redevelopment and Housing Authority and Other Miscellaneous Program Income Proqram Income from Roanoke Redevelopment and Housinq Authority By agreement with the City of Roanoke, the Roanoke Redevelopment and Housing Authority administers a large segment of the City's Community Development Block Grant Program. The Housing Authority receives program income during the course of its administration of various projects by renting properties and by receiving rehabilitation loan repayments from project area residents. The Housing Authority is required to transfer this program income to the city of Roanoke. The City of Roanoke is required to use the income for a community development activity. The Housing Authority has made payment to the City in the amount of $19,934 through June 30, 1992, for the following program income: $11,489 in other program income in excess of income previously appropriated. Other program income is primarily received from loan repayments. $ 8,445 in parking lot rentals in excess of parking lot income previously appropriated. Miscellaneous Proqram Income The city has received the following miscellaneous program income: $6,275 representing interest earned on the CDBG float loan to Fralin and Waldron for the Market Building. This amount is in excess of the amounts previously appropriated. Honorable Mayor and Members of city Council Page 2 November 9, 1992 $14,131 in loan repayments received by the City under the Home Purchase Assistance program. $3,282 in other program income relating to the Williamson Road Garage rent, loan repayments from the Northwest Neighborhood Environmental Organization (NNEO) and interest earned on program income. This is the difference between what was previously appropriated and actually received. I recommend that City Council appropriate the total of $43,622 in program income received from the Housing Authority and other sources as follows: $19,934 to account 035-091-9140-5197, Unprogrammed CDBG-Roanoke Redevelopment and Housing Authority. $6,275 to account 035-091-9140-5188, Unprogrammed CDBG-Interest on Float Loan. $14,131 to account 035-091-9140-5192, Unprogrammed CDBG-Home Purchase Assistance Program loan repayments. $3,282 to account 035-091-9140-5189, Unprogrammed CDBG-Other Income. These amounts will be available for further appropriation transfers for community development purposes. A~~ Director of Finance JDG:pac Attachments MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, $.W., Room 456 Roanoke, Virsinia 24011 Telephone: (703) 981.2541 SANDRA H. EAKIN Deputy City Clerk November 13, 1992 File #28-223-102 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 31234-110992 providing for dedication of a 20 foot wide public utility easement along the westerly side of a City owned lot, bearing Official Tax No. 2014008, a distance of approximately 115 feet, for the purpose of relocating Norfolk and Western primary electric distribution lines in connection with construction of the new Fifth Street Bridge, as more particularly set forth in a report oftheWater Resources CommitteeunderdateofNovember9, 1992. Ordinance No. 31235-110992 was adopted by the Council of the City of Roanoke on first reading on Monday, November 2, 1992, also adopted by the Council on second reading on Monday, November 9, 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. James D. Grisso, Acting Director of Finance Mr. Kit B. Kiser, Director, Utilities and Operations Mr. William F. Clark, Director, Public Works Mr. Nelson M. Jackson, Manager, Buildings and Grounds Mr. C. B. Clemmer, Norfolk Southern Corporation, 110 Franklin Road, S. E., Roanoke, Virginia 24042-4634 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of November, 1992. No. 31234-110992. AN ORDINANCE providing for the dedication of a public utility easement o.ver property of the City along the southerly right-of-way line of Shenandoah Avenue, N.W., as more particularly described herein, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke as follows that: 1. The request of Norfolk and Western Railway Company ("NW") for dedication of a twenty (20) foot wide public utility easement along the westerly side of the City owned lot bearing Official Tax No. 2014008, a distance of approximately one hundred and fifteen (115) feet, as more particularly described in the City Manager,s report of November 2, 1992 for the purpose of relocating NW primary electric distribution lines in Connection with the construction of the new Fifth Street bridge is hereby APPROVED. 2. The Mayor and City Clerk are hereby authorized for and on behalf of the City to execute and attest, respectively, the City's deed of dedication of the above described public utility easement, said deed to be in a form approved by the City Attorney. ATTEST: City Clerk '92 OCT 28 :07 Roanoke, Virginia November 2, 1992 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Public Utility Easement Norfolk & Western (NW) Primary Electric Distribution Lines - Official Tax No. 2014008 The attached staff report was considered by the Water Resources Committee at its meeting on October 26, 1992. The Committee recommends that Council dedicate a public utility easement twenty (20) feet wide by approximately one hundred fifteen (115) feet long, along the westerly boundary line of Official Tax No. 2014008, Lot 8, Block 23, Rogers, Fairfax & Houston, to permit the installation of NW primary electric distribution lines, in accordance with conditions stated in the attached report. Respectfully submitted~ EliZabeth T. Bowles, Chairman Water Resources Committee ETB:KBK:afm Attachment CC: City Manager City Attorney Director of Finance Director of Utilities & Operations Director of Public Works Grounds Maintenance Department C. B. Clemmer, Norfolk Southern INTERDEPARTMENTAL COMMUNICATION DATE: TO: FROM: SUBJECT: October 26, 1992 ~ember~, Water Resources Committee Kit B. Kiser, Director o~ Ut~i~i~s~_Op~at~o~s, W. Robert Herbert, City ~~ ~ PUBLIC UTILITY EASEMENT NORFOLK AND WESTERN (NW) PRIMARY ELECTRIC DISTRIBUTION LINES OFFICIAL TAX NO. 2014008 thru I. Backqround: Authorization for the dedication of City-owned property for street right-of-way for the replacement of the Fifth Street Bridge was provided by City Council by Ordinance No. 31155-082492. Primary electrical power distribution lines owned by NW are located along Shenandoah Avenue, N.W., at present. Virginia Department of Highways (VDOT) has required them to be relocated to pass under the new Fifth Street Bridge. This will cause the relocation of the power poles off the southerly right-of-way line of Shenandoah Avenue, N.W., and over to the edge of the tracks, from Second Street, N.W., to a point just west of Fifth Street. II. Current Situation: Electric power lines will pass under the bridge underground then go to overhead on pole immediately west of the bridge. From that point, adjacent to the tracks, it must pass over the City-owned property, Official Tax No. 2014008, and return to the southerly right-of-way line of Shenandoah Avenue, N.W. This will require the dedication of a twenty (20) foot wide Public Utility Easement (P.U.E.) along the westerly side of the City- owned lot, a distance of approximately one hundred fifteen (115) feet, which has been requested by NW (see attached letter). Water Resources Committee Members RE: PUE/NW Primary Electric Distribution Lines October 26, 1992 Page 2 III. Issues: A. Need B. Timinq C. Cost to City IV. Alternatives: Committee recommend to City Council that it dedicate a public utility easement twenty (20) foot wide by approximately one hundred fifteen (115) feet long; along the westerly boundary line of Official Tax No. 2014008, Lot 8, block 23, Rogers, Fairfax & Houston, to permit the installation of NW Primary Electric Distribution Lines. Need by VDOT, NW & City to accomplish this in conjunction with replacement of Fifth Street Bridge is met. 2. Timinq to provide for relocation of electric system prior to start of project is met. 3. Cost to City is zero. Committee not recommend to City Council that it dedicate a public utility easement for use by NW across City-owned property on southwest corner of Fifth Street and Shenandoah Avenue, N.W. 1. Need for easement not met. 2. Timinq to provide easement prior to start of project not met. 3. Cost to City is zero. Water Resources Committee Members RE: PUE/NW Primary Electric Distribution Lines October 26, 1992 Page 3 Recommendation: Committee recommend to City Council that it dedicate a public utility easement for use by NW in accordance with Alternative "A". KBK/RVH/fm cc: City Attorney Director of Finance Director of Public Works Grounds Maintenance Department C. B. Clemmer, N.S., 110 Franklin Rd., Roanoke, VA 24042-4634 NORFOLK SOUTHERN Norfolk Southern Corporation 110 Franklin Road. S.E Roanoke, Virginia 24042-0078 703 981-4634 W. E. Honeycutt General Manager Mecbamcal FaCdlt~es SUBJECT: Roanoke, VA - Milepost N-258.05, Replacement of 5th Street O.H. Bridge, Commonwealth of Virginia Job No. U000-128-118, B-611 October 13, 1992 File: 321.1 (Roanoke, VA) Mr. K. B. Kiser Director of Utilities and Operations Room 358, Municipal Building 215 Church Avenue, S. W. Roanoke, VA 24011 1 6 92 Dear Mr. Kiser: Norfolk Southern Corporation was requested to attend a utility relocation meeting on September 30, 1992, for the above job. We were informed at that time that NS would be required to relocate their existing primary electrical power distribution lines located at each end of the bridge and a lighting tower located at the northeast end of the bridge. Previously we were not aware that NS would be required to relocate anything on the north end of 5th Street Bridge. The removal of 5th Street Bridge is expected to begin by November 16, 1992. The above NS relocations are expected to be completed by November 1, 1992. We have decided on two possible routes for relocating the power line. Either route would require additional utility right-of-way easement. Attached is a copy of a drawing indicating the NS preferred route highlighted in yellow and an alternate route highlighted in green. To minimize any further delays, please assist NS in acquiring a speedy right-of-way easement. If you require further information, please contact C. B. Clemmer, Roanoke, VA, Telephone No. 981-4479, Fax No. 981-4872. Sincerely, W. E. Honeycutt General Manager Mechanical Facilities Attachments VARSSTEL/CBC Operating Subsidiaries Norfolk Southern Ralhs, a~, Company North Amer,can Van ,_nes Irqc 133~15 Hlg ~ '~S] X~ 'ISV3 3~I~ ~ $390d ~ 3ADH3~ L × qOd ODDA ~ 7 7W~I ~qN 1Od OOO/~ ,no '~ ~DH3~ nD o/' ES] 0 ,oC) ON 0 0 0 o .OUDeN 907 -C E NT R E .... SEE ~ zOl4101 0 o 0.906 Ac. ._Sou T~ 375.0 W.CC, 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 November 13, 1992 File #169-223 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 31235-110992 authorizing a conditional permit to Norfolk and Western Railway Company, its grantees, assignees, or successors in interest, revocable at the pleasure of Council, in connection with property bearing Official Tax No. 4015005, otherwise known as the Norfolk Southern Office Building, to maintain a triangular encroachment of a corner of a planter wall into the right-of- way of Franklin Road, S. E., as more particularly described in a report of the Water Resources Committee under date of October 26, 1992. Ordinance No. 31235-110992 was adopted by the Council of the City of Roanoke on first reading on Monday, November 2, 1992, also adopted by the Council on second reading on Monday, November 9, 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 o pc: Mr. James D. Grisso, Acting Director of Finance Mr. Kit B. Kiser, Director, Utilities and Operations Mr. William F. Clark, Director, Public Works Mr. Charles M. Huffine, City Engineer Mr. Richard V. Hamilton, Real Estate Agent Mr. Brian J. Wishneff, Chief, Economic Development Ms. Lauren G. Eib, Risk Management Officer Ms. Sandra H. Eakin, Deputy City Clerk MARY F. PAI~K~R City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2~11 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk November 13, 1992 File #169-223 Mr. David P. Gough Project Manager Carter Commercial Real Estate Services 1275 Peachtree Street, N. E. Atlanta, Georgia 30367-1801 Dear Mr. Gough: I am enclosing four copies of Ordinance No. 31235-110992 authorizing a conditional permit to Norfolk and Western Railway Company, its grantees, assignees, or successors in interest, revocable at the pleasure of Council, in connection with property bearing Official Tax No. 4015005, otherwise known as the Norfolk Southern Office Building, to maintain a triangular encroachment of a corner of a planter wall into the right-of-way of Franklin Road, S. E., as more particularly described in a report of the Water Resources Committee under date of October 26, 1992. Ordinance No. 31235-110992 was adopted by the Council of the City of Roanoke on first reading on Monday, November 2, 1992, aiso adopted by the Council on second reading on Monday, November 9, 1992, and shall be in full force and effect at such time as a copy, duly signed, sealed, attested, and acknowledged by permittee, has been admitted to record at the cost of the permittee, in the Office of the Clerk of the Circuit Court of the City of Roanoke, and shall remain in effect only so long as a valid, current certificate evidencing the insurance required in Paragraph 4 of the ordinance is on file in the Office of the City Clerk. Please sign and return three copies of Ordinance No. 31235-110992 to the City Clerk's Office, Room 456, Municipal Building, 215 Church Avenue, S. W., Roanoke, Virginia 24011-1536. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of November, 1992. No. 31235-110992. AN .ORDINANCE authorizing a conditional permit, revocable at the pleasure of Council, permitting the encroachment of a corner of a planter wall associated with an office building owned by Norfolk and Western Railway Company into the right-of-way of Franklin Road, S.E., upon certain terms and conditions. BE IT ORDAINED BY THE Council of the City of Roanoke that: 1. Permission is hereby granted the current owners, Norfolk and Western Railway Company, their grantees, assignees, or successors in interest, of the property bea~ing Official Tax No. 4015005, otherwise known as the Norfolk Southern Office Building, within the City of Roanoke, to maintain a triangular encroachment of a corner of a planter wall into the right-of-way of Franklin Road, S.E. as more particularly described in a report of the Water Resources Committee dated October 26, 1992, o~ file in the Office of the City Clerk. 2. Said permit, granted pursuant to S15.1-377, Code of Virginia (1950), as amended, shall be revocable at the pleasure of the Council of the City of Roanoke, and is subject to all the limitations contained in the aforesaid S15.1-377. 3. It shall be agreed by the per~ittee that, in maintaining such encroachments, said pe~lttee and its grantees, assignees, or successors in interest covenant and agree to indemnify and save harmless the City of Roanoke, its officials, officers and employees, from all claims for injuries or damages to persons or property that may arise by reason of the above-described encroachment over public right-of-way. 4. Permittee, its grantees, assignees or successors in interest shall for the duration of this permit, with respect to claims arising out of the maintenance and use of the structure and areas permitted to encroach into City right-of-way hereunder, maintain on file with the City Clerk's Office evidence of comprehensive general liability insurance which may be in the form of self-insurance subject to the approval of the City's Risk Management Officer and City Attorney with limits of not less than $1,000,000.00 cor~bined bodily injury liability, including death, and property damage liability for any one occurrence, and including the City of Roanoke, its officers, employees and agents as additional lnsureds. 5. This ordinance shall be !n full force and effect at such time as a copy, duly signed, sealed, attested, and acknowledged by permittee, has been admitted to record, at the cost of the permittee, in the Office of the Clerk of the Circuit Court of the City of Roanoke, and shall remain in effect only so long as a valid, current certificate evidencing the insurance required in paragraph 4 above is on file in the Office of the City Clerk. ATTEST: ~ City Clerk. ACCEPTED and EXECUTED by the undersigned this 1992. day of NORFOLK AND WESTERN RAILWAY COMPANY ~Attest: GEORGIA STATE OF ~R~IN~A- $ The foregoing instrument was acknowledged before me this 29TH day of December , 19 92, by J. G. Frederickson My Commission expires: February 28, 1996 Notary Public NORFOLK SOUTHERN Norfolk Southern Corporation 110 Franklin Road, S.E. Roanoke, Virginia 24042-0022 703 981-4231 703 981-4672 Telecopier RECE~VE[~ James C. Vonderhaar, CPCU ,~f.4 Director Risk Management JAN -5 AIO ,~t~ Risk Management Department CERTXF~CATE OF SELF-INSURANCE Norfolk Southern Corporation hereby certifies to the City of Roanoke that it has elected, for itself and its subsidiary companies, to act as a self-insurer of its general liability and property exposures to a level substantially in excess of the limits required by Paragraph 4 of Ordinance No. 31235-110992. The undersigned further certifies that Norfolk Southern Corporation will pay all sums which it and/or its subsidiary companies shall become legally obligated to pay as its interests may appear and that Norfolk Southern Corporation does maintain comprehensive liability insurance programs above its self-insured retention limits. IN WITNESS WHEREOF, Norfolk Southern Corporation has executed the Certificate this 4th day of January, 1993. NORFOLK SOUTHERN CORPORATION By Ja~s C. Vonderhaar DireCtor Risk Management (G:\dwf\selfins) Operating Subsidiaries: Norfolk Southern Railway Company / North American Van Lines, Inc. NORFOLK SOUTHERN Norfolk Southern Corporation 110 Franklin Road, S.E. Roanoke, Virginia 24042-0022 703 981-4231 703 981-4672 Telecopier RECEivEr. CITY C! ~;: -' JAN-5 ~10:44 January 4, File 9000 1993 James C. Vonderhaar, CPCU Director Risk Management Risk Management Department Ms. Mary F. Parker, CMC/AAE City Clerk City of Roanoke 215 Church Avenue, S. W., Room 456 Roanoke, VA 24011 Dear Ms. Parker: This refers to your letter of November 13, 1992, to Mr. David P. Gough concerning Ordinance No. 31235-110992 authorizing a conditional permit to Norfolk and Western Railway Company. To comply with Paragraph 4 of the ordinance, please find attached our Certificate of Insurance. Sincerely, J.//C. Vond.erhaar D&~rector Risk Management cy: Mr. G. R. Fosnot Manager Engineering & Architectural Services Operating Subsidiaries: Norfolk Southern Railway Company / North American Van Lines. Ine. (:ITY ;? 00T28 / 8:08 Roanoke, Virginia November 2, 1992 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Encroachment into Public Right-of-Way Franklin Road, S. E. Norfolk Southern Building (NS) The attached staff report was considered by the Water Resources Committee at its meeting on October 26, 1992. The committee recommends that Council authorize a conditional permit, revocable at the pleasure of Council, permitting the encroachment of a small corner of a planter associated with the Norfolk Southern Building into the right-of-way of Franklin Road, S.E., in accordance with conditions stated in the attached report. ETB:KBK:afm Re_s~ectfully submitted~ El{'zabeth T. Bowles, Chairman Water Resources Committee Attachment cc: City Manager City Attorney Director of Finance Director of Utilities & Operations Director of Public Works Chief, Economic Development Risk Manager David P. Gough, Carter Commercial Real Estate Services INTERDEPARTMENTAL COMMUNICATION DATE: TO: FROM: SUBJECT: October 26, 1992 ~b~Water Resources Committee 'Kit B. Kiser, Director.of\U~c~ities & O~erations W. Robert Herbert, Cit~e~ ENCROACHMENT INTO PUBLIC RIGHT-OF-WAY FRANKLIN ROAD, S.E. NORFOLK SOUTHERN BUILDING (NS) thru I. Backqround: New NS Office buildinq was recently completed on the northwest corner of the intersection of Williamson and Franklin Roads, S.E. Property has approximately 240 feet of frontage on Franklin Road, S.E. II. Current Situation: A. Small encroachment of the corner of a planter into the street right-of-way was discovered when final as-built plans were prepared. Dimensions of the triangular encroachment (see attached detailed map) are 1.32 feet on the easterly side, 4.12 feet on the southerly side and 4.22 feet on the northerly side. III. Issues: A. Need B. Timing C. Indemnification and General Liability Insurance IV. Alternatives: Committee recommend to City Council to authorize the appropriate City officials to execute a conditional permit, for the life of the encroachment, revocable at the pleasure of Council, permitting the encroachment of the portion of a planter, a part of the Norfolk Southern Building, shown on the attached map into the right-of-way of Franklin Road, S.E. Members, Water Resources Committee RE: Encroachment into Public Right-of-way Franklin Road, $.E. Norfolk Southern Building (NS) Page 2 Need by petitioner to resolve encroachment problem is met. Timing to provide permit as quickly as possible is met. Indemnification and General Liability Insurance to be provided by petitioner in the amount of $1,000,000.00 for property damage and bodily injury and in a form approved by the City Attorney and Risk Manager. Committee not recommend to City Council that it authorize the execution of a conditional permit permitting a Norfolk Southern Building planter to encroach into the right-of-way of Franklin Road, S.E. Need by petitioner to resolve encroachment problem not met. Timinq to deal with problem as quickly as possible not met. Indemnification and General Liability Insurance is not an issue. Recommendation: Committee recommend to City Council that it authorize a conditional permit, revocable at the pleasure of Council, permitting the encroachment of a small corner of a planter associated with the Norfolk Southern Building into the right-of-way of Franklin Road, S.E., in accordance with Alternative "A". KBK/RVH/fm Attachments cc: City Attorney Director of Finance Director of Public Works Chief, Economic Development Risk Manager David P. Gough, Project Manager, Carter Commercial Real Estate Services 1275 Peachtree Street, N.E. Atlanta, GA 30367-1801 September 29, 1992 Roano! e,.' ,:".: of Ecomrtlc i) i, isprnent Mr. Phillip F. Sparks Economic Development Administrator City of Roanoke Room 355, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Norfolk and Western Railway Company O~ Building Roanoke, Virginia File 1 and 5 Dear Phil: During preparation of the post-construction (as built survey) of the above referenced site, it was discovered that a small comer of the low planter wall located on the southeast corner of the project encroaches on the right-of-way for Franklin Road, as the right-of-way angles in its relationship to the southern face of the building. The true and accurate extent of said encroachment is identified on the site plan record survey prepared by Mattern & Craig Consulting Engineers, dated March, 1992, last revised June 11, 1992, copy of which has been furnished to for your review. Since the above described encroachment involves only a comer of the low planter wall and not any portion of the main building structure, please consider this a request for the City of Roanoke to consider entering into an agreement providing a revokable encroachment license to address this minor encroachment. It would be our preference for this license to be issued for the life of the building. We appreciate your continued assistance with the developnlent of this project and await your response. As always, please don't hesitate to call if questions arise. David P. Gough Project Manager DPG/cmo cc: G.R. Fosnot, Norfolk Southern H:Sparks 1275 Peachtree St. N.E., Atlanta, Georgia $0367-1801, 404/g88-3000 Fax: 888-3006 COMMERCIAL REAL ESTATE SERVICES ol 26.80' 0.55' 9.60:-- 8.30' 24.20' PERF. DRAI) PUBLIC RIGHT OF WAY ENCROACHMENT AT SOUTHEAST CORNER OF BUILDING CITY COUNCIL PUBLIC MEETING November 9, 1992 MAYOR BOWERS, MEMBERS OF ROANOKE CITY COUNCIL, MRS. PARKER, AND, MOST IMPORTANTLY, FELLOW CITIZENS AND EMPLOYEES OF ROANOKE...thank you for your kind attention. We have a crisis: IT IS CONFIDENCE IN OUR CITY GOVERNMENT! In January, 1992, our City Manager, Mr. Herbert, addressed the citizens of Roanoke to find ways in which the city could be more fiscally efficient, during these tough economic times, to avoid cutting valuable services. The citizens naively responded in kind, with suggestions. Not long after, City Council passed a 10 - 27% raise for Mr. Herbert and other top City officials. Then, City Council voted to extend the 2 for 1 pension benefit and double retirement for top City Officials, passed in 1989, with a grand price tag of approximately $4 Million. And you keep saying that is not a lot of money. I think the citizens disagree with you. Let us go back to January, 1992, and ask again---How can the citizens come up with ideas to save the City money? We can tell you, very simply, "TURN IT BACK"! On August 24, 1992, I spoke before you and stated: "...if indeed it truly is impossible to legally repeal your action, then we call upon you and all top officials to do something that is heroic - something that will prove your good faith to each citizen and restore our confidence in you individually and collectively. Put it in writing that you - each of you - refuse to personally accept the special 2 for 1 pension plan and double retirement. Your positive leadership and swift action of individually turning back the pensions would resolve the legal problem and relieve ~he taxpayers of the fiscal neglect which you (City Council caused in 1989 and then again, May, 1992." Now, tonight, we are asking you again, as current STEWARDS of this City, TURN BACK your 2 for 1 pensions and double retirement as exemplified by the leadership of Vice-Mayor Fitzpatrick and Councilman McCadden. Then all of you, who are the leaders of this City, lead the other top officials in taking the same action. If you will lead, they will follow! You do the right thing and turn your back on something that is not only morally wrong, it is an absolute abuse of power. We have another concern regarding pensions. How is it that your legal opinion, regarding the pensions, managed to omit whether or not Ordinance # 24915, passed on November 12, 1979, is legal? That Ordinance takes funds from the Roanoke City Employee's Retirement Fund and deposits it directly into the Privileged Few City Officials' ICMA (a tax deferred Retirement Fund). These City Officials already have the most lucrative pension plan in the State of Virginia. The Ordinance was passed by City Council without the knowledge or endorsement of the Citizens or, most importantly, the employees of this City. In other words, the rank-in-file are giving you their pension money. They are paying for your deferred pension funds. privileged few? stone? What more can the rank-in-file give to the Can you repeal this one or is this also etched in Members of City Council, you cannot continue to sweep the present and past problems caused by this City Government under a rug, or behind a door and think they will go away. This City can not go forward with economic development until you amend your mistakes such as mismanagement of City Government, exemplified in excessive pension for top officials and City Council, excessive raises for top officials and inequitable pay plans for the rank-in-file employees, improper bidding of automobiles for the City, improper use of the City telephone system, and most importantly, the appearance of setting yourself apart from the people who put you in office and to whom this City belongs. The Citizens and Employees of this City are watching and waiting for you to take the positive road to recovery. Thank you. Diane Poff