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Council Actions 08-09-93
MUSSER 31616 REGULAR WEEKLY SESSION ROANOKE CI1T COUNCIL August 9, 1993 7:30 p.m. AGENDA FOR THE COUNCIL Call to Order m Roll Call. All Present. (Vice-Mayor Fitzpatrick arrived at 9:15 p.m.) The Invocation was delivered by the Reverend F. David Wright, Ghent The Pledge of Allegiance to the Flag of the United States of America was led by Mayor David A. Bowers. PUBLIC HEARINGS Public hearing on the request of Fellowship Baptist Church that an unused alley extending in a northerly direction from Murray Avenue, S. E., for a distance of approximately 167.74 feet to an alley running generally east to west between 9th and llth Streets, S. E., Block 34, Map of Buena Vista Land Company, be permanently vacated, discontinued and closed. H. C. Aker, Treasurer, Spokesperson. Adopted Ordinance No. 31616 on first reading. (6-0, Vice-Mayor Fitzpatrick was absent.) Public hearing on the request of LKA Enterprises, Inc. and AutoZone, Inc., that two parcels of land located 130 feet from the intersection of Williamson Road and Angell Avenue, N. W., identified as Official Tax Nos. 2090307 and 2090328, be rezoned from RM-1, Residential Multi-Family District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioners. Maryellen F. Goodlatte, Attorney. Adopted Ordinance No. 31617 on first reading. (5-0, Council Member Harvey abstained from voting, and Vice-Mayor Fitzpatrick was absent.) Public hearing on the request of the Estate of Grace Short Siler and AutoZone, Inc., that a tract of land located at the intersection of Gus Nicks Boulevard and Eastern Avenue, N. E., containing 1.007 acre, more or less, identified as Official Tax No. 3330412, be rezoned from RM-1, Residential Multi-Family District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioners. James F. Douthat, Attorney. Adopted Ordinance No. 31618 on first reading. (5-0, Council Member Harvey was out of the Council Chamber, and Vice-Mayor Fitzpatrick was absent.) Public hearing on the request of the City of Roanoke Redevelopment and Housing Authority that a tract of land lying west and southwest of Connecticut Avenue, off of Hollins Road, N. E., containing 9.751 acres, more or less, identified as Official Tax No. 3041207, be rezoned from HM, Heavy Manufacturing District, to LM, Light Manufacturing District, subject to certain conditions proffered by the petitioner. H. Wesley White, Land Planning/Subsidized Housing Director. Adopted Ordinance No. 31619 on first reading. (6-0, Vice-Mayor Fitzpatrick was absent.) e C-1 C-2 Public hearing to consider an amendment to Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, to include police facilities as a p¢,mitted use in an HM, Heavy Manufacturing District, zone. James D. Ritchie, Sr., Assistant City Manager. Adopted Ordinance No. 31620 on first rending. (6-0, Vice-Mayor Fitzpatrick was absent.) CONSENT AGENDA (APPROVED 6-0, Vice-Mayor Fimpatrick was absent) 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. THFRE WH~L BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERF. D SEPARATELY. ITEM C-6 WAS REMOVF. D FROM THE CONSENT AGENDA FOR DISCUSSION. Minutes of the regular meeting of Council held on Monday, May 3, 1993; the Personnel Committee meetings held on Wednesday, May 5, 1993 and Thursday, May 6, 1993; and the regular meetings of Council held on Monday, May 10, 1993; Monday, May 17, 1993; and Monday, May 24, 1993. RECOMMENDED ACTION: Dispense with the reading thereof and approve as recorded. 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-3 A communication from Vice-Mayor Beverly T. Fitzpatrick, Jr., Chairperson, Roanoke City Council Personnel Committee, requesting an Executive Session to discuss a personnel matter, being the appointment of a specific public officer, 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 a personnel matter, being the appointment of a specific public officer, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. C-4 An annual report of the Audit Committee of Roanoke City Council. RECOMMENDED ACTION: Receive and file. C-5 An annual report of the Municipal Auditor. RECOMMENDED ACTION: Receive and file. C-6 A joint report of the City Manager, Acting Director of Fmanee, Commissioner of Revenue and City Treasurer with regard to a procedure whereby property owners may pay their real estate taxes by installments. Referred back to the City Manager, City Treasurer, Commi.~sioner of Revenue and Acting Director of Finance for further study and report to Council, with mom emphasis in regard to changing the April 5 due date and consideration of quarterly payments on real estate taxes. C-7 A list of items pending from February 10, 1992, to July 26, 1993. C-8 C-9 RECOMMENDED ACTION: Receive and file. Qualification of Robert E. Tonkinson, Jr., as a member of the Board of Directors, City of Roanoke Pension Plan, for a texm ending June 30, 1997. RECOMMENDED ACTION: Receive and file. Qualification of E. Antoinette Hale as a member of the Roanoke Arts Commission for a temm of three years ending June 30, 1996. RECOMMENDED ACTION: Receive and file. A report of the City Attorney requesting that Council convene in Executive Session to discuss specific legal matters requiring the provision of legal advice by counsel, being the term.~ and conditions of new gas franchi.~e, pursnant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended. A report of the City Attorney requesting that Council convene in Executive Session to discuss actual litigation, being a suit filed by the City to collect a debt owed to it, pursuant to Seetion 2.1-344 (A)(7), Code of V~4nia (1950), as amended. REGULAR AGENDA 3. HEARING OF ClTIZF. NS UPON PUBLIC MATTERS: None. 4. PETITIONS AND COMMUNICATIONS: a. 1. A communication from the Honorable W. Alvin Hudson, Sheriff, recommending appropriation of funds to provide for continuation of a staffed adult educational program in the Roanoke City Jail. Adopted Budget Ordinance No. 31621-080993. (6-0, Vice- Mayor Fiizpatrick was absent.) 2. A report of the City Manager concurring in the above recommendation. Received and fried. 5. REPORTS OF OFFICERS: a. CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: A report with regard to approval of the major design features for the Wells Avenue widening and realignment from Williamson Road to First Street, N. W. Adopted Resolution No. 31622-080993. (6-0, Vice-Mayor Fitzpatrick was absent.) A report recommending execution of an agreement with Total Action Against Poverty in Roanoke Valley, Inc., for continuation of the Customized Job Training program. Adopted Resolution No. 31623-080993. (6-0, Vice-Mayor Fitzpatrick was absent.) 6 A report recommending acceptance of a Virginia Delinquency Prevention and Youth Development Act grant, in the amount of $37,919.00, from the Virginia Department of Youth and Family Services; and appropriation and transfer of funds in connection therewith. Adopted Budget Ordinance No. 31624-080993 and Resolution No. 31625-080993. (6-0, Vice-Mayor Fitzpatrick was absent.) A report recommending execution of a Memorandum of Understanding between the Virginia Cooperative Extension, City of Roanoke Unit, in order to set forth a mutually agreeable departmental structure and administrative program and financial arrangement. Adopted Resolution No. 31626-080993. (6-0, Vice-Mayor Fit~l, atrick was absent.) o A report recommending acquisition of certain properties for the purpose of expanding the Roanoke City Jail. Adopted Ordinance No. 31627-080993. (6-0, Vice-Mayor Fitzpatrick was absent.) A report recommending endorsement of execution of a contract with Alan L. Amos, Inc., in the amount of $20,160.00, for the emergency demolition of a building located at 217-227 First Street, N. W. Adopted Ordinance No. 31628-080993. (6-0, Vice-Mayor Fitzpatrick was absent.) o A report recommending acceptance of the bid submitted by Harris Office Furniture Co., Inc., in the amount of $17,139.00, for providing furniture and equipment for City departments that will occupy space in the Jefferson Center. Adopted Resolution No. 31629-080993. (6-0, Vice-Mayor Fitzpatrick was absent.) A report recommending execution of an agent/broker service agreement with Johnson & Higgins, Inc., to provide assistance in insurance/risk management in accordance with City of Roanoke specifications. Adopted Resolution No. 31630-080993. (6-0, Vice-Mayor Fitzpatrick was absent) A report recommending execution of an agreement with IBM Corporation to provide a disaster recovery plan for computer services in the event of a disaster situation, at a first year cost of $8,520.00. Adopted Resolution No. 31631-080993. (6-0, Vice-Mayor Fitzpatrick was absent.) 10. A report recommending appropriation of funds totalling $226,064.00, to the Fifth District Employment and Training Consortium for project management and administration of the Operation Bootstrap and Roanoke Valley Youth Conservation Service Corps - Opportunity Knocks projects. Adopted Budget Ordinance No. 31632-080993 and Resolution No. 31633-080993. (6-0, Vice-Mayor Fitzpatrick was absent.) 11. A report recommending appropriation of $48,199.00 from undesignated Capital Funds to a new account for disbursement to the Roanoke Valley Economic Development Partnership. Adopted Budget Ordinance No. 31634-080993. (6-0, Vice- Mayor Fitzpatrick was absent.) 12. A report recommending appropriation of $188,218.00 for the Title IH Program of the l~lfth District Employment and Training Consorlium. Adopted Budget Ordinance No. 31635-080993. (5-0, Council Member Musser was out of the Council Chamber, and Vice- Mayor Fitzpatrick was absent.) 6. REPORTS OF COMMITTEES: A report of the committee appointed to tabulate bids received for construction of bridge replacements on Centre and Shenandoah Avenues, N. W., over an unnamed branch, recommending award of a contract to Branch Highways, Inc., in the amount of $281,558.60; and appropriation and transfer of funds in connection therewith. Council Member William White, Sr., Chairperson. Adopted Budget Ordinance No. 31636-080993 and Ordinance No. 31637-080993. (6-0, Vice-Mayor Fitzpatrick was absent.) bo A report of the committee appointed to tabulate bids received for construction of the bridge replacement on Craig-Robertson Road, S. E., over Garnand Branch, recommending award of a contract to Robertson Construction Company, Inc., in the amount of $220,908.00; and appropriation and transfer of funds in connection therewith. Council Member William White, Sr., Chairperson. Adopted Budget Ordinance No. 31638-080993 and Ordinance No. 31639-080993. (6-0, Vice-Mayor Filzpatrick was absent.) Co A report of the committee appointed to tabulate bids received for construction of the Liberty Road Sanitary Sewer Replacement, recommending award of a contract to E. C. Pace Company, Inc., in the amount of $20,520.00; and appropriation of funds in connection therewith. Council Member William White, Sr., Chairperson. Adopted Budget Ordinance No. 31640-080993 and Ordinance No. 31641-080993. (6-0, Vice-Mayor Fitzpatrick was absent.) A report of the committee appointed to tabulate bids received for construction of the Blue Hills Circle, N. E. roadway improvements and utilities. Council Member William White, Sr., Chairperson. Adopted Resolution No. 31642-080993, Budget Ordinance No. 31643-080993 and Ordinance No. 31644-080993. (6-0, Vice-Mayor Fitzpatrick was absent.) A report of the Water Resources Committee recommending dedication of a public utility easement on the south side of Riverland Road, S. E., in connection with location of an equipment cabinet by Chesapeake & Potomac Telephone Company. Council Member Elizabeth T. Bowles, Chairperson. Adopted Ordinance No. 31645-080993. (6-0, Vice-Mayor Fitzpatrick was absent.) A report of the Water Resources Committee recommending authorization for the sale of Lots 1 through 6, inclusive, Waverly Place, to David A. Turner, in the amount of $550.00. Council Member Elizabeth T. Bowles, Chairperson. Adopted Ordinance No. 31646-080993. (6-0, Vice-Mayor Fitzpatrick was absent.) 7. UNFINISHED BUSINESS: None. 8. INTRODUCTION AND CONSIDERATION ORDINANCES AND RESOL~ONS: OF Ordinance No. 31592, on second reading, amending and reordaining certain sections of the 1993-94 Grant Fund Appropriations. Adopted Budget Ordinance No. 31592-080993. (6-0, Vice-Mayor Fitzpatrick was absent.) Ordinance No. 31594, on second reading, amending and reordaining certain sections of the 1993-94 Grant Fund Appropriations. Adopted Budget Ordinance No. 31594-080993. (6-0, Vice-Mayor Fit~,a~ick was absent.) 10 Ordinance No. 31600, on second reading, amending and reordaining certain sections of the 1993-94 Grant Fund Appropriations. Adopted Budget Ordinance No. 31600-080993. (6--0, Vice-Mayor Fitzpatrick was absenL) Ordinance No. 31602, on second reading, amending and reordaining certain sections of the 1993-94 Civic Center Appropriations. Adopted Budget Ordinance No. 31602-080993. (6-0, Vice-Mayor Fit~l, atrick was absent.) et Ordinance No. 31606, on second reading, amending and reordaining the Code of the City of Roanoke (1979), as amended, by amending Section 30-62, Fees, of Division 2, Permit, of Article III, Street Excavations, of Chapter 30, Streets and Sidewalks, Code of the City of Roanoke, (1979), as amended, to provide an exemption from the permit fee for public utility companies and their contractors for work conducted in connection with a City or Virginia Department of Transportation sponsored project. Adopted Ordinance No. 31606-080993. (6-0, Vice-Mayor Fitzpatrick was absent.) Ordinance No. 31607, on second reading, amending and reordaining certain sections of the 1993-94 Capital and Water Fund Appropriations. Adopted Budget Ordinance No. 31607-080993. (6-0, Vice-Mayor Fil,.patrick was absent.) Ordinance No. 31609, on second reading, authorizing the City Manager to enter into a lease agreement with respect to certain property owned by Appalachian Power Company in the City of Roanoke, upon certain terms and conditions. Adopted Ordinance No. 31609-080993. (6-0, Vice-Mayor Fitzpatrick was absent.) 11 ho Ordinance No. 31610, on second reading, amending and reordaining certain sections of the 1993-94 Capital and Water Fund Appropriations. Adopted Budget Ordinance No. 31610-080993. (6-0, Vice-Mayor Fitzpatrick was absent.) Ordinance No. 31612, on second reading, approving the City Manager's issuance of Change Order No. 3 to the City's conlxact with Crowder Construction Co., to implement changes necessary to permit relocation of the chemical feed point, in connection with Carvins Cove Filter Plant Improvements - Phase I. Adopted Ordinance No. 31612-080993. (6-0, Vice-Mayor Fitzpatrick was absent.) Ordinance No. 31613, providing for acquisition of real estate needed by the City for construction of the Carvins Cove Filter Plant Improvements, Phase I and II; authorizing the City Manager to enter into permits and agreements needed by the City for the Carvins Cove Filter Plant Improvements, Phase I and II; authorizing the City Manager to fix a certain limit on the consideration to be offered by the City; providing for the City's acquisition of such real estate by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; and providing for an emergency. Adopted Ordinance No. 31613-080993. (6-0, Vice-Mayor Fitzpatrick was absent.) Ordinance No. 31614, on second reading, amending and reordaining certain sections of the 1993-94 Water Fund Appropriations. Adopted Budget Ordinance No. 31614-080993. (6-0, Vice-Mayor Fit~gatrick was absent.) 12 Ordinance No. 31615, on second reading, accepting the bid of Hammond-Mitchell, Inc., for construction of the Falling Creek Finished Water Reservoir upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work. Adopted Ordinance No. 31615-080993. (6-0, Vice-Mayor Fitzpatrick was absent.) 9. MOTIONS AND MISCELLANEOUS BUSINESS: ao Inquiries and/or comments by the Mayor and Members of City Council. bo Vacancies on various authorities, boards, commissions and committees appointed by Council. 10. OTIqER HEARINGS OF CITIZENS: Helen E. Davis, 35 Patton Avenue, N. E., requested that the City Manager identify specific individuals when referring to statements made by the Gainsboro community and/or Gainsboro leaders. At this point, Vice-Mayor Fitzpatrick entered the meeting. Evelyn D. Bethel, 35 Patton Avenue, N. E., expressed concern with regard to the closure of streets by the City in the Ccainsboro community without prior notification to residents, and that no notice of the proposed closure of the Fifth Street Bridge has been announced on the cable access channel. CERTIFICATION OF EXECUTIVE SESSION. Fitzpatrick was absent.) (6-0, Vice-Mayor Reappointed Ronald L. Crawford to the City of Roanoke Redevelopment Housing Authority. Appointed the following persons: 13 Mason Powell - Youth Services Citizen Board Mason Powell Roanoke Neighborhood Parmership Steering Committee (Mrs.) Leonard A. Muse- Roanoke Arts Commission Roland Macher- Roanoke Public Library Board Adopted a motion to waive the City residency requirement for Mrs. Muse. Adopted Resolution No. 31647-080993 to provide that the designee of the Chairperson of the Hotel Roanoke Conference Center Commission may serve on the Board of Directors of the Roanoke Valley Convention and Visitors Bureau. (7--0) NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT. Reasonable efforts will be made to provide adaptations or acc~ommodalions, based on individual needs, for qualified individ,,al.'~ with disabilities, in any program or service offered by the City Clc~k's Office, provided that reasonable advanced notification Ires ~czn received. 14 MINUTES CONSIDERED AT THIS COUNCIL MEETING MAY BE REVIEWED ON LINE IN THE "OFFICIAL MINUTES" FOLDER, OR AT THE CITY CLERK'S OFFICE David A. Bowers Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 Church Avenue, S.W., Room 452 Roanoke, Virginia 24011-1594 Telephone: (703) 981-2444 August 9, 1993 The Honorable Vice-Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: I wish to request an Executive Session to discuss vacancies on various authorities boards, commissions and committees appointed by Council, pursuant to Section 2.1- 344 (A)(1), Code of Virginia (1950), as amended. Sincerely, David A. Bowers Mayor DAB: se David A. Bowers Mayor Beverly T. Fitzpatrick, Jr. V/ce-Mayor CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (703) 981-254[ August 9, 1993 Council Members: Elizabeth T. Bowles .James G. Harvey, II Delvls 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 Chairperson of City Council's Personnel Committee, I am requesting an Executive Session to discuss a personnel matter, being the appointment of a specific public officer, pursuant to Section 2.1-344 (A) (1), Code of Virginia (1950), as amended. Sincerely, Beverly T. Fitzpatrick, Jr. Chairperson, City Council Personnel Committee BTFjr:se of Roanoke Audit CommiRee August 1, 1993 Honorable Mayor and City Council Roanoke, Virginia SUBJECT: Annual Report of the Audit Committee of Roanoke City Council Dear Mrs. Bowles and Gentlemen: The purpose and function of the Audit Committee as stated in City Code Chapter 2-298(b) is: "The audit committee shall act in an advisory capacity of the council, the municipal auditor, the director of finance and the city manager in matters relating to the city's financial records and to that end shall have the right to have immediate access to all records and reports relating to financial matters and transactions of the city or of matters and things affecting such financial records. The council, any member thereof, the municipal auditor, the director of finance and the city manager shall have the right to consult with and seek the advice of the audit committee on matters relating to the city's financial records, but neither the committee nor any member shall have authority to act for or to bind the city council, unless expressly authorized so to do by ordinance or resolution of the council." During the year ended June 30, 1993, the committee held 5 regular meetings. Each member's attendance was: Member David A. Bowers Beverly T. Fitzpatrick Delvis O. "Mac" MacCadden William White, Sr. 5 0 3 2 5 0 5 0 -2- August 1, 1993 Audit Committee Annual Report The following is a summary of the committee's activity during the year: · Reviewed and concurred with the annual plan presented by KPMG Peat Marwick. · Reviewed and concurred with the Municipal Auditor's annual audit plan. · Reviewed the independent accountant's report with representatives from KPMG Peat Marwick and City officials. · Reviewed the internal audit reports with the Municipal Auditor and City officials. · Reviewed the results of special investigations by the Municipal Auditor. · Received an External Quality Control Review report prepared by a Virginia Local Government Auditors Association peer review team. · Recommended an independent accounting firm to conduct City audits for fiscal years 1993 through 1996. · Furnished a copy of the minutes of each committee meeting to City Council and City officials. I ask that this report be made a part of the Council agenda for August 9, 1993 under the consent agenda. If any of you have any questions, please do not hesitate to contact me. Sincerely, William White, Sr. Chairman, Audit Committee Municipal Auditing August 1, 1993 Annual Report of the Municipal Auditor Honorable Mayor and City Council: The goal of the City of Roanoke Municipal Auditing Department is to minimize the City's potential losses that can be affected, directly or indirectly, by audit activities in the most cost efficient manner. During the year ended June 30, 1993, we provided professional audit coverage of the City's financial activities by monitoring external audit activities and evaluating the systems of internal controls to determine that the systems are adequately designed and functioning as planned. Recommendations were made to correct any deficiencies in internal controls encountered and technical assistance to implement these recommendations was provided. Significant audit activity completed during FY-93 included: External Audits - To maintain the City's excellent financial reporting credibility and ensure compliance with statutory audit requirements, we: coordinated the independent public accountant's audits of the fmancial statements of the Greater Roanoke Transit Company, the City Pension Plan, and the City, including the Single Grant Audit; · performed the annual financial audits of the 32 City School Activity Funds and their Central Investment Fund; · assisted the Virginia Auditor of Public Accounts in the audits of the local courts' financial activities; and · reviewed external audits for the Citizens Services Committee. Honorable Mayor and City Council Page 2 August 1, 1993 Internal Audits - To provide reasonable assurance that internal controls are functioning effectively to prevent inaccuracies, irregularities, or willful manipulations, we evaluated the internal controls in: · Building Permits and Inspections · Data Processing Systems Development Procedures ® Employee Retirement · Firefighters Payroll · Purchasing · Real Estate Accounts Receivable · Special Events Committee · Travel Reimbursement Two internal controls reviews were in process at year end: · Mainframe Operating System · Real Estate Assessment We examined and evaluated statistically selected samples of revenue and expenditure transactions occurring both inside and outside the central control system. We determined the factual situation for allegations of suspicious activities and other fraud indicators. We followed up and assisted in implementing recommendations for improvement which were pending at the beginning of the year and in implementing the recommendations which resulted from our current-year audit work. We reviewed new systems in development to provide advice on internal control questions. Technical Assistance - We promoted improvements to the City's manual and computer- based financial accountability systems by answering control related questions and by maintaining communications with all City officials. Annual Time Budg~ Budget Actual Budget less Hours Pement Hours Percent Actual External Audits 1,502 24% 1,493 24% 9 Internal Audits 4,041 65% 4,204 66% -163 Technical Assistance 687 11% 645 10 % 42 TOTAL 6,230 6,342 -112 Through an intern program of TAP we received some unbudgeted and unexpected assistance. The clerical intem worked in the department for 10 weeks. She proved to be very helpful in completing some major administrative projects that had been stalled by the fact that the administrative assistant has been so involved in audit projects. Honorable Mayor and City Council Page 3 August 1, 1993 Annually the quality and results of our audit activities are evaluated by the City's independent accountants, Federal grantor agencies, and the Virginia Auditor of Public Accounts. Each evaluation has concluded that the competence, objectivity and performance of the Municipal Auditor's office is on the highest professional level. In addition, the Municipal Auditor's office was evaluated this year by a team of peer reviewers provided by the Virginia Local Government Auditors Association. The team concluded that quality controls were working effectively and that audits were conducted in conformance with government auditing standards for the period under review. In submitting this report, I would like to express my appreciation of the Council and all affected City employees for their continued cooperation in maintaining and improving the financial integrity of the City of Roanoke. Respectfully, Robert H. Bird Municipal Auditor ewb MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKK OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk August 11, 1993 File #79 The Honorable Jerome S. Howard, Jr. Commissioner of Revenue Roanoke, Virginia W. Robert Herbert City Manager Roanoke, Virginia Gentlemen: The Honorable Gordon E. Peters City Treasurer Roanoke, Virginia James D. Grisso Acting Director of Finance Roanoke, Virginia Your report with regard to a p~ocedure whereby property owners may pay their real estate taxes by installments, was before the Council of the City of Roanoke at a regular meeting held on Monday, August 9, 1993. On motion, duly seconded and adopted, the matter was referred back to you for further study and report to Council, with more emphasis in regard to changing the April 5 due date and consideration of quarterly payments on real estate taxes. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm CITY OF ROANOKE TREASURER'S OFFICE RD. BOX 1451 ROANOKE, VIRGINIA 24007-1451 TELEPHONE: (703) 981-2561 TELECOPIER: (703) 224-3019 GORDON E. PETERS ~ o, ~REASURER J 4D/~Vio ;C~ ANDERSON CHIEF DEPUTY August 3, 1993 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: On April 26, 1993, City Council requested that the matter of developing a procedure whereby property owners may pay their real estate taxes by installments be referred to W. Robert Herbert, City Manager, James D. Grisso, Acting Director of Finance, Honorable Jerome S. Howard, Commissioner of Revenue and Gordon E. Peters, City Treasurer. The committee has reviewed and discussed this request There are 42,000 plus real estate parcels located in Roanoke City. Approximately 40% of the real estate property owners have their taxes escrowed by financial institutions. The non-escrow taxpayers, or those receiving tax bills are billed semi-annual with payments due by October 5th and April 5th to avoid late payment penalties. The committee agrees that citizens should have the opportunity to make partial payments on current real estate taxes. Payments could be made at the discretion of each taxpayer prior to the established due dates of October 5th and April 5th respectively. After the due date, the appropriate penalty would apply. Allowing multiple advance payments would assist some taxpayers in budgeting for this annual expense. It is recommended that the Treasurer,s Office include with the current real estate tax notice, information to each citizen of their ability to make advance part-payments. Attached is the notification to be mailed with the tax notice on or about August 25th. We are of the opinion that this will accommodate those taxpayers that desire to pay their taxes more often than semi- annually. Honorable Mayor and City Council Page 2 August 3, 1993 W. Robert Herbert City Manager Jam~ D. Grisso' Acting Director of Finance Respectfully Submitted, Jerome S. Howard, Jr. Commissioner of Revenue Gordon E. Peters City Treasurer * ROANOKE CITY TREASURER'S OFFICE * PLEASE READ Enclosed is your 1993-94 Real Estate Tax Bill(s). The tax is payable in two installments of [October 5th] and IApril 5th . The Treasurer's Office will process partial advance payments of your real estate tax, however, full payment of each installment must be paid prior each deadline will be subject to a 10% penalty. When payments are processed with a penalty due, the penalty will be applied first, then tax. Should you have questions, please call (703) 981-2561. Pending Items from February 10, 1992 through July 26, 1993 Referral Date Referred To Item 2/10/92 City Attorney Request to study the matter of regulating the sale of "look- alike" weapons. 9/9/92 Director of Finance Request to provide information with regard to the cost of reducing the number of years to become vested in the City's pension plan from ten to five. 10/12/92 city ?lanning Commission Remarks with regard to the issue of demolition of buildings as related to economic development, as well as the City's beautification efforts and its impact on downtown Roanoke and adjoining neighborhoods. 1/4/93 City Manager City Attorney Remarks of Mr. Walker Nelms with regard to a proposed animal control ordinance. (See report of City Attorney under date of January 11, 1993.) 3/8/93 Legislative Affairs Committee Concerns expressed by Council with regard to more stringent State law regarding bingo regulations. Pending Items from February 10, 1992 through July 26, 1993 Referral Date Referred To Item 3/22/93 City Manager City Clerk 5/3/93 City Manager Matter of certain enhancements to the Council Chamber. Matter of developing a railside linear park along the main line of the Norfolk Southern tracks. 5/10/93 7/12/93 7/12/93 Legislative Affairs Committee City Attorney William White, Sr., Chairperson Kit B. Kiser M. Craig Sluss City Manager Newspaper articles with regard to the progress made by the City of Charlotte, North Carolina, compared to the City of Richmond, Virginia, over the last 25 years. Bids for construction of Carvins Cove Phase II Water Improvements, Contract B-1 Request to contact other jurisdictions in the Roanoke Valley to determine if there is an interest in establishing a position of Regional Sports Director. 7/26/93 William White, Sr., Chairperson Kit B. Kiser Steven L. Walker Bids to remove, transport and dispose of digested, lagooned sludge from the Water Pollution Control Plant, 1402 Bennington Street, S. E. 2 Pending Items from February 10, 1992 through July 26, 1993 Referral Date 7/26/93 7/26/93 7/26/93 Referred To William White, Sr., Chairperson William F. Clark Lynnis B. Vernon City Attorney (by September 1, 1993) City Manager Item Bids for compliance for accessibility to disabled persons utilizing Villa Heights Recreation Center. Communication from Mayor David A. Bowers with regard to the issue of local government reorganization. Recommendations of the Enterprise Foundation on Affordable Housing in the Roanoke Valley. MARY F. PARKER City Clerk~ CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk August 11, 1993 File #15-110-429 F. Wiley Hubbell, Chairperson Board of Trustees City of Roanoke Pension Plan 3712 Peakwood Drive, S. 9/. Roanoke, Virginia 24014 Dear Mr. Hubbell: This is to advise you that Robert E. To~kiuson, Jr., has qualified as a member of the Board of Directors, City of Roanoke Pension Plan, for a term ending June 30, 1997. Sincerely, Mary F. Parker, City Clerk MFP: sm pc: James D. Grisso, Acting Director of Finance Doris B. Peters, Retirement Administrator 0-2 Oath or Affirmation '93 ,JUl_ 23 P3 ~tate o~ Virgil*ia, ~i~ o~ Roanoke, to .~t: I, Robert E. Tonkinson. Jr. , do solem~y swear (or ~) ~t I ~1 sup~ the Constitution of the Unit~ S~t~, and the Constitution of the S~te of Vkginia, ~d ~t I ~1 [sinfully and ~pa~ially discharge and ~orm all the duties incumbent u~n me as a member of the Board of Directors, City of Roanoke Pension Plan, for a term ending June 30, 1997. · ccording to the best of my ability. Subscribed and sworn to before me, this So help me God. day o, MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virgirfia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk August 11, 1993 File #15-110-429 F. Wiley Hubbell, Chairperson Board of Trustees City of Roanoke Pension Plan 3712 Peakwood Drive, S. IV. Roanoke, Virginia 24014 Dear Mr. Hubbell: This is to advise you that Robert E. Tonkinson, Jr., has qualified as a member of the Board of Directors, City of Roanoke Pension Plan, for a term ending June 30, 1997. Sincerely, Mar~, F. Parker, City Clerk MFP: sm pc: James D. Grisso, Acting Director of Finance Doris B. Peters, Retirement Administrator 0-2 Oath or Affirmation ~fYr~ttm~e '93 JUL 23 P3:51 State o~ Virginia, Oil'~ ol Roanoke, to .~: I, Robert E. Tonkinson. Jr. , do ~lemnly sw~ (or ~) ~t I ~ Sup~ ~e Constitution of the Unit~ States, and the Constitution of ~e S~te of Virginia, and ~&t I w~l faithfully and impa~ially discharge ~nd ~orm all the duties incumbent u~n me as a member ot the Board of Directors, City of Roanoke Pension Plan, for a term ending June 30, 1997. according to the best of my ability. Subscribed and sworn to before ~ne, this help me God. ~3 day o, MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk August 11, 1993 File #15-110-230 Mimi Hodgin, Chairperson Roanoke Arts Commission 805 Virg~n~a Avenue Salem, Virginia 24153 Dear Ms. Hodgin: This is to advise you that E. Antoinette Hale has qualified as a member of the Roanoke Arts Commission, for a term of three years ending 3une 30, 1996. Sincerely, Mary F. Parker, CM~/AAE City Clerk MFP: sm pc: Stephanie M. Moon, Secretary, Roanoke Arts Commission 0-2 OaTh or AffirmaTion of Offiee 'P3 JUL 23 P1:25 8tare o~ Virginia, Cit~] o~ Roanoke, ~o .wi~: I, E_ Aneoqne~ce 1~1 o , do solemnly sw~r (or ~) ~st I ~1 sup~ the Constitution of the United S~tes, ~d the Constitution of the State of Vkginia, ~d ~t I w~l faithfu~y and impa~ially discharge and ~fform all the duties incumbent u~n me as a member of the Roanoke Ar~s Co~tss/on, for a term of three years ending 3une 30, 1996. ,,, Subscribed and sworn to before me, this c~ J ~'-~ day of --'~'~l~.~ ](~ ~*~ · ~,~ ~ .'~, ~k-~ ~ . Deputy Clerk WILBURN C. DIBLING, JR. CITY ATTORNEY CITY OF ROANOKE OFFICE OF CITY ATTORNEY 464 MUNICIPAL BUILDING ROANOKE, VIRGINIA 24011-1595 TELEPHONE: 703-981-2431 TELECOPIER: 703.981-2940 AUgust 9, 1993 '93 ~tl~-9 WILLIAM X PARSONS STEVEN J. TALEVI KATHLEEN MARIE KRONAU GLADYS L. YATES ASSISTANT CITY ATTORNEYS The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Request for Executive Session Dear Mrs. Bowles and Gentlemen: This is to request that Council convene in Executive Session to discuss specific legal matters requiring the provision of legal gas advice by counsel being the terms and conditions of new franchise pursuant to §2.1-344(A)(7), code of Virginia (1950), as amended. With kindest personal regards, I am Sincerely yours, Wilburn C. Dibling, Jr. City Attorney WCD:f cc: W. Robert Herbert, City Manager Mary F. Parker, City Clerk James D. Grisso, Acting Director of Finance Kit B. Kiser, Director of Utilities and Operations WILBURN C. DIBLING, JR. CITY A3~ORN EY CITY OF ROANOI E OFFICE OF CITY ATTORNEY 464 MUNICIPAL BUILDING ROANOKE, VIRGINIA 24011-1595 TELEPHONE: 703-98¥2431 TELECOPISR: 703-981-2940 August 9, 1993 fECEs' 7 T, CiTY '~ WILLIAM X PARSONS STEVEN J. TALEVI KATHLEEN MARIE KRONAU GLADYS L. YATES ASSISTANT CITY A~i'ORN EYS The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Request for Executive Session Dear Mrs. Bowles and Gentlemen: This is to request that Council convene in Executive Session to discuss actual litigation being a suit filed by the City to collect a debt owed to it pursuant to S2.1-344(A)(7), Code of Virginia (1950), as amended. With kindest personal regards, I am Sincerely yours, Wilburn C. Dibling, City Attorney Jr. WCD:f cc: W. Robert Herbert, City Manager Mary F. Parker, City Clerk James D. Grisso, Acting Director of Finance Kit B. Kiser, Director of Utilities and Operations MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk August 11, 1993 File #60-123-236-467 James D. G~isso Acting Director of Finance Roanoke, Virginia Dear Mr. Grlsso: I am attaching copy of Ordinance No. 31621-080993 amendingand reordaining certain sections of the 1993-94 Grant Fund Appropriations, providing for appropriation of $18,333.00, in connection with continuation of a staffed educational prog~mm in the Roanoke City Jail. Ordinance No. 31621-080993 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 9, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eric. The Honoreble W. Alvin Hudson, City Sheriff W. Robert Herbert, City Manager Charles W. Day, Chairperson, Roanoke City School Board, 1830 Grayson Avenue, N. W., Roanoke, Virginia 24016 E. Wayne Harris, Superintendent of Roanoke City Public Schools Richard L. Kelley, Executive for Business Affairs, Roanoke City Public Schools June S. Noliey, Clerk of the Roanoke City School Board Lloyd W. Enoch, Director, Department of Business, Technical and Adult Education, Roanoke City Public Schools Ma~te T. Pontius, G~nts Monitoring Administretor Barry L. Key, Manager, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 9th day of August, 1993. No. 31621-080993. AN ORDINANCE to amend and reordain certain sections of the 1993-94 Grant Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Roanoke that certain sections of the Appropriations, be, and the same are hereby, to read as follows, in part: Council of the City of 1993-94 Grant Fund amended and reordained Public Safety Adult Basic Education FY94 (1-2) ................. Public Safety Adult Basic Education FY94 (3-4) ................. 1) Temporary Employee Wages (035-024-5005-1004) $ 17,030 2) FICA (035-024-5005-1120) 1,303 3) State Funds (035-035-1234-7145) 16,500 4) Local Funds (035-035-1234-7146) 1,833 $ 1,490,790 18,333 $ 1,490,790 18,333 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. Roanoke, Virginia August 9, 1993 Honorable Mayor and City Council Roanoke, Virginia Dear Members of City Council: I concur with the attached report submitted by Sheriff W. Alvin Hudson regarding the "State Department of Education, Adult Basic Education Funds". Respectfully Submitted, WRH/gm W. Robert Herbert City Manager Roanoke, Virginia August 9, 1993 Honorable Mayor and Members of City Council Roanoke, Virginia Subject: State Department of Education Adult Basic Education Funds Dear Members of City Council: I. Background: In 1987, Governor Baliles initiated a Literacy Program for inmates incarcerated in the Virginia Department of Corrections. This program was intended to reduce recidivism among inmates by encouraging inmates to obtain a G.E.D. level of education and thereby increase their abilities to obtain jobs once release from custody. Since fiscal year 1988-89, federal grant funds have been made available to local jails to provide educational programs for inmates at the local level. The Roanoke City Jail has received these grant funds for the past 5 fiscal years to employ a part time teacher necessary to provide an educational program to the inmates in the Roanoke City Jail so they may obtain a G.E.D. level of education. For the past five years, the educational program serving the inmates in the Roanoke City Jail has proven successful. Utilizing a paid part time teacher in addition to community volunteers from community churches and other organizations, the jail has been able to provide quality educational opportunities to inmates within the jail. A total of 583 inmates have been enrolled in the educational program since fiscal year 1988-89. A total of 202 inmates have completed the educational program while incarcerated in the Roanoke City Jail. Of these inmates, 85 inmates were tested by the State Department of Education and received their G.E.D. certificates while still incarcerated in the Roanoke City Jail and 12 more inmates have been tested and are waiting for the results. II. A. III. Current Situation: Roanoke City School Division requested and received approval for the continued funding of the Roanoke City Jail's educational program for fiscal year 1993-94. This "institutional adult plan" request was submitted again as part of the Annual Program Application for adult education under the State Adult Literacy and Adult Education Act. These funds are administered by the Adult Education Service of the State Department of Education through local school divisions. (See attached letter dated June 15, 1993.) 1. Federal funds not to exceed the amount of $16,500 have been approved to reimburse Roanoke City for 90% of the total cost to continue to pay a part time teacher to operate the educational program in the Roanoke City Jail for 52 weeks. Se Roanoke City is required to provide a local 10% cash match or $1,833.00 in order for the Roanoke City Jail to continue to participate in this program. The total cost of the program will be $18,333.00. The program cost will not exceed $16,500.00 from the State Department of Education plus a $1,833.00 local cash match. Issues: Continuation of a staffed educational program in the Roanoke City Jail to sufficiently meet the educational needs of the inmates. B. Funding. IV. Alternatives: City Council authorize the acting Director of Financ~ to increase the revenue estimate for FY 1993-94 by $18,333.00 and appropriate this amount to the accounts established in the Grant Fund (Personal Services Temporary Employee Wages and FICA) for this program. Continuation of a staffed educational program in the Roanoke City Jail to sufficiently meet the educational needs of the inmates would be accomplished. Funding of the $18,333.00 would be accomplished with the receipt of $16,500.00 in federal funds and with a local cash match of $1,833.00 in funds paid to the City of Roanoke From the Roanoke City Jail's 2 Ve Canteen Fund. There would be no actual cost to th~ City of Roanoke for this program. City Council not authorize the Director of Financo to increase the revenue estimate for FY 1993-94 by $18,333.00 and appropriate this amount to Grant Fund for Roanoke City Jail's educational program. Continuation of a staffed educational Droqram would not be possible and the Roanoke City Jail's educational program would revert to utilizing an all volunteer staff which has proven in the past to lack certain expertise, stability, and continuity. Fundinq for the Roanoke City Jail's educational program in the amount of $18,333.00 would be lost by the City of Roanoke. Recommendation: ae City Council concur with Alternative "A" by authorizing the acting Director of Finance to: Establish revenue estimate in the Grant Fund by the amount of $16,500.00 in federal funds and $1,833.00 in local cash match to be paid by the Roanoke City Jail's Canteen Fund. Appropriate $18,333.00 in the Grant Fun~ to the following accounts: Temporary Wages - $17,030.00 and FICA - $1,303.00. Respectfully submitted, W. Alvin Hudson Sheriff WAH/gm/cp Roanoke City Public Schools Attachment I Division of Instruction o P. O. Box 13145. Roanoke. Virginia 24031 Department of Bus ness, Technical, and Adult Education June 15, 1993 Sheriff W. Alvin Hudson, City of Roanoke P.O. Box 494 Roanoke, Virginia 24003 Jr. Dear Sheriff Hudson: The State Department of Education has approved $16,500 for the GED program in the Roanoke City Jail for tile period beginning July l, 1993 and ending June 30, 1994. This will need to be matched with $1,833 in cash. That cash match can come from funds which you use to purchase supplies and materials or pay salaries and/or fixed benefits to employees in the GED instructional program. We have spoken to the appropriate personnel in the State and they are aware of your need for more funds. As you know, JoAnne Wray of the State staff has visited your facility and knows the need first-hand and has agreed to work toward increased funding. We will be contacting you periodically to secure numbers of hours which individuals have worked so that we can claim reimbursement for this program from the State. We will forward funds to your office upon receipt. We appreciate your interest in this program and are grateful for your support and that of Charlie Poll. He has been very effective in his work with our department and we appreciate those efforts. We also look forward to working with your instructional staff in professional development ill- service programs for teachers during the school year. C: ~Charlie Poff Dot ltayes Sincerely, Lloyd w. Enoch, Director Excellence in Education MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk August 11, 1993 File #514-200-264-77-247-258-20-66 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31622-080993 approving the location and major design featuees of the Welis Avenue Highway Project in the City of Roanoke and requesting the Virginia Department of Highways and Transportation to begin right- of-way acquisition. Resolution No. 31622-080993 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 9, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eric. pc: M. Scott Hollis, Urban Engineer, Virginia Department of Transportation, 1401 E. Broad Street, Richmond, Virgirfla 23219 Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Acting Director of Finance WilliAm F. Clark, Diraetor, Public Works Charles M. Hufflne, City Engineer Sarah E. Fitton, Construction Cost Technician WilliAm L. Stuart, Manager, St~ets and Traffic Robert K. Bengtson, Traffic Engineer John R. Marlies, Chief, Community Planning Philiip F. Sparks, Acting Chief, Economic Development Kit B. Kiser, Director, Utilities and Operations IN THE COUNCIL OF THE CITY OF ROANOKE, The 9th day of August, 1993. No. 31622-080993. VIRGINIA, A RESOLUTION approving the location and major design features of the Wells Avenue highway project in the City of Roanoke and requesting the Virginia Department of Highways and Transportation to begin right-of-way acquisition. WHEREAS, a public hearing was conducted on July 29, 1993, in the City of Roanoke by representatives of the Virginia Department of Highways and Transportation, after due and proper notice, for the purpose of considering the location and design of the Wells Avenue highway project (U000-128-117, PE-101, RW-201, C-501), in the City of Roanoke at which hearing aerial photographs, drawings and other pertinent information were made available for public inspection in accordance with State and Federal requirements; WHEREAS, all persons and parties in attendance were afforded full opportunity to participate in said public hearing; WHEREAS, representatives of the City of Roanoke were present and participated in said hearing; WHEREAS, the Council has previously requested the Virginia Department of Highways and Transportation to program this project; and WHEREAS, Council has considered all of the foregoing matters; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. The location and major design features of the progosed project as presented at the public hearing are approved. 2. The Virginia Department of Highways and Transportation is requested to acquire all rights-of-way necessary for this project conveying such rights-of-way as lie in this City to the City of Roanoke at the appropriate time. 3. The City Manager and the Assistant City Manager and the City Clerk are hereby authorized, for and on behalf of the City to execute and attest, respectively, all necessary utility agreements required in conjunction with acquiring such rights of way. 4. The City Manager is directed to transmit an attested copy of this resolution to the State Highway and Transportation Commissioner through appropriate channels. ATTEST: City Clerk. Roanoke, Virginia August 9, 1993 Honorable David A. Bowers, and Members of Council Roanoke, Virginia Mayor Dear Mayor Bowers and Members of Council: SUBJECT: Approval of Major Design Features for the Wells Avenue Widening and Realignment from WilltAm~on Road to First Street, N. W. I. Background: On April 13~ 1987 City Council requested the Virginia Department of Transportation (VDOT) to program projects for roadway widening and realignment to include: 1. Wells Avenue, N.W. from Williamson Road to First Street, N.W. First Street/Gainsboro Road from Madison Avenue, N.W. to Salem Avenue, S.W. and Intersection of Orange Avenue and Gainsboro Road. (This alignment ultimately shifted location to become known as the Second Street/Gainsboro Road project.) On December 16~ 1992 City Council approved (by Resolution No. 31287-121692) the location of the realignment of Wells Avenue, N.W. from Williamson Road to Second Street, N.W. (presently known as First Street, N.W.). Wells Avenue project schedule is being accelerated to improve public safety and traffic flow in connection with the opening of the Hotel Roanoke/Conference Center in early-1995. Toward this effort, the "Agreement for Administering Project by Municipality" between the City and VDOT for Wells Avenue has been amended to allow VDOT to handle the right-of-way and construction phases of the Wells Avenue Project in order to meet the stringent time schedule· The preliminary engineering phase continues to be administered by the City with its consultant, Mattern & Craig, Inc., Consulting Engineers. Members of City Council Page 2 Further, VDOThas been extraordinarily cooperative in its scheduling of many project-related activities. D. Purpose of this project is: To provide an improved facility with adequate traffic carrying capability in the east-west direction. To provide, in combination Street/Gainsboro Road project, the downtow~ area· with the Second improved access to To complete one link on the proposed inner loop, thereby helping to relieve traffic congestion in the central business district. Neighborhood Workshops were held on April i and May 18, 1993 at First Baptist Church on N. Jefferson Street to gather input from the community on the design and appearance of the project. These meetings were attended by many residents of the Gainsboro area. A number of the community's suggestions have been considered and approved for inclusion in the plans. Proposed design of this project consists of four lanes along this 0.3 mile roadway, two in each direction with a nine-foot landscaped median. Concrete curb and gutter, brick-style sidewalks and crosswalks, and stone-faced retaining walls are also planned. The speed limit will be signed at 25 miles per hour. Through trucks will be restricted with the exception of the eastbound direction from Jefferson Street to Williamson Road to retain the route presently used by Coca-Cola trucks. The average daily traffic for the design year 2010 is projected to increase to between 9,550 vehicles per day (at the proposed intersection with the 2nd Street/Gainsboro Road project) and approximately 19,000 vehicles per day in the vicinity of Williamson Road. Structures that need to be displaced are all within the area north of Wells Avenue (to the alley) from Williamson Road to Jefferson Street. This includes 2 businesses, 8 commercial buildings, I family and 2 residential structures. VDOT intends to use a separate demolition contract to clear the commercial structures upon Members of City Council Page 3 II. acquisition. The City continues to study the feasibility of moving the 2 residential structures to property in the neighborhood. Cost estimate of $4.5 million will be shared by VDOT and the City. Two percent of right-of-way and construction amounts to a total City share of $90,000. Payment of added expense for enhancement items applied for by the City using the new Intermodal Surface Transportation Efficiency Act (ISTEA) enhancement program remains undetermined pending action on project applications by Commonwealth Transportation Board (by October 1, 1993). A separate contract would be needed to construct enhancements such as additional landscaping, decorative lighting, bus shelter/plaza area, plaques that interpret adjacent area's history, and entryway signage. Current Situation: A. Location and Design Public Hearinq as required by VDOT was held on July 29, 1993 at Lucy Addison Aerospace Magnet School. The public hearing, after due and proper notice was given for considering the proposed location and design of the project, included aerial photographs, drawings and other pertinent information available for public inspection in accordance with state and federal requirements. All persons and parties in attendance were afforded full opportunity to participate. B. Roanoke City Planninq Commission received a briefing of major design features at their meeting on August 4, 1993. Resolution from City Council approving the major design features (including location) of the proposed project as presented at the July 29, 1993 Public Hearing will enable the Commonwealth Transportation Board to also act upon the project later this month. Approval by Council and the Board would enable VDOT to begin right-of-way acquisition immediately thereafter. After right-of-way has been obtained, the project would be ready for advertisement in March, 1994 with construction beginning in June, 1994. The construction of Wells Avenue between Williamson Road and Jefferson Street will be given a fixed completion date of February 1, 1995. Members of City Council Page 4 III. IV. This block will need to be substantially complete and open to traffic by that date to meet the Hotel Roanoke reopening. D. Appalachian Power Company (APCO) will relocate its power lines along Wells Avenue from overhead to underground. Issues: A. Transportation B. Public Hearing Comments C. Funding D. Schedule E. Right-of-way Acquisition Alternatives: City Council approve the major design features of the widening and realignment of Wells Avenue from Williamson Road to First Street, N.W., (including the location) as presented at the July 29, 1993 Public Hearing; and request that the VDOT acquire all rights-of-way necessary for the project conveying said rights-of-way to Roanoke at the appropriate time; and authorize the City Manager to execute, on behalf of the City, all necessary utility agreements required in conjunction with acquiring such rights-of-way. Transportation system improves in accordance with the 1995 Roanoke Valley Transportation Plan. During construction, Wells Avenue will be closed to through traffic. A detour road will be provided through the Hotel Roanoke parking lot to retain access to area traffic, including Coca-Cola trucks. Public Hearing comments received by VDOT include ll in written form and 12 presented verbally for the official transcript. A petition bearing the names of 319 individuals stating opposition to the project was also submitted. Additional written comments received by today's date will be included in the public hearing transcript. Members of City Council Page 5 Fundinq for the City's share is presently being funded from the Streets and Bridges category of the 1992 Bond Series-A and other existing Capital fund accounts. Transfers are made annually into the existing Second Street/Gainsboro Road/Wells Avenue Account (No. 008-052-9547-9003) to meet the VDOT invoices for this multi-year project. Schedule is for VDOT to begin right-of-way acquisition immediately following the Commonwealth Transportation Board's approval of this project, scheduled for later this month. Right-of-way acquisition Would be handled by VDOT in accordance with state and federal law. A total of eight (8) commercial structures will be demolished by separate contract prior to starting the roadway construction contract displacing two (2) businesses· Tentative plans include relocating two residential structures displacing one family. Demolition cannot take place until proper replacement structures are found for those being displaced· City Council not approve the major design features of the widening and realignment of Wells Avenue from Williamson Road to First Street, N.W., as presented at the July 29, 1993 Public Hearing. Transportation in this Wells Avenue corridor remains in the same condition, and would worsen in future years. 2. Public Hearinq comments in support of the project are rejected. Funding for the City's share is not spent. The $218t836.42 incurred as of April 30, 1993 on preliminary engineering, less the City's share of 5% paid to VDOT in the amount of $10t941.82 leaves a balance of $207~894.60 that the City would be responsible for reimbursing to VDOT if it chose to cancel the project at this time. 4. Schedule is not met, leaving the reopening of Hotel Roanoke without Wells Avenue access· Members of City Council Page 6 5. Right-of-way is not acquired. V. Recommendation is that City Council: Ae Approve the major design features of the widening and realignment of Wells Avenue between Williamson Road and First Street, N.W. (including the location) as presented at the July 29, 1993 Public Hearing. Request that the VDOT acquire all rights-of-way necessary for the project conveying said rights-of-way to Roanoke at the appropriate time. Authorize the City Manager to execute, on behalf of the City, all necessary utility agreements required in conjunction with acquiring such rights-of-way. WRH:RKB:jrm copy: City Attorney Acting Director of Finance Director of Public Works Director of Utilities & Operations Director of Public Safety Chief, Economic Development Chief, Community Planning Traffic Engineer Respectfully submitted, W. Robert Herbert City Manager VIA FEDE~ EXPRESS LAW OFFICES BEVERIg, iGr~, &:L~AMOND, P. C. ~" 'suITE 700 1350 I STREET, N.W. August 7, 1993 Mr. Robert W. Herbert city Manager City Hall 215 Church Avenue, S.W. Roanoke, Virginia 24011 Re: Highway Construction Projects in the Gainsboro Area Dear Mayor Bowers: As you are aware, the Historic Gainsboro Preservation District, Inc. ("HGPD") continues to oppose the construction of two four-lane highways through the Historic Gainsboro area. The HGPD and the citizens of Historic Gainsboro have made their opposition to these projects known to the City Council through a variety of mechanisms. HGPD has set forth additional reasons for its opposition to the Wells Avenue realignment and widening ("the Project") in comments to the Virginia Department of Transportation ("VDOT"). A copy of these comments is enclosed. As our comments show, HGPD has many serious concerns about the Project. Of primary concern are the detrimental impacts the Project will cause to the environment and the historical and cultural values of the Historic Gainsboro area. In addition, the traffic projections do not demonstrate that the Project is necessary or justified. Finally, the Project cannot be judged in a vacuum, but must be considered as one in a series of road projects and other construction in the downtown Roanoke. The cumulative effect of these projects is to impose significant and irreversible adverse impacts on the Historic Gainsboro area. It is because of these significant impacts that there is such strong and continuing opposition to the Project. For example, nearly 300 citizens recently signed a petition, which was presented to VDOT at its July 29, 1993 hearing, protesting the Wells Avenue realignment and widening. To impose on these citizens the burdens of a project that benefits primarily Hotel Roanoke and residents of outlying areas is unjust and inappropriate. It is for these reasons that HGPD urged the City Council in December 1992 not to approve the Wells Avenue realignment and widening, and why HGPD continues to request that the City Council ',~£VERIDG£ & DIAMOND,~ C. Mr. Robert W. Herbert August 7, 1993 Page 2 apprise it of how that approval may be appealed. This letter renews HGPD's earlier request for that information. Further, we urge the city Council now to take into consideration the wishes of the citizens it represents by voting not to approve the design of the Wells Avenue realignment and widening. In any event, we implore you to seek further information concerning the environmental and historical impacts of the Wells Avenue realignment and widening before allowing it to proceed. HGPD very much appreciates the city Council's careful consideration of this most serious matter. S%ncerely,... Devarieste Curry Enclosures cc: Ms. Evelyn D. Bethel Mayor David A. Bowers Mr. Jim Olin (w/o enclosures) 0: \CL I \9999\0006\L T R \O006PRM. 01 COI~ENT8 SUBHZTTED BY HZSTORZC G~ZNSBORO PRESERV~TZON DZSTRZCT, ZNCo TO THE VZRGINZ~ DEP~RTHENT OF TI~,NSPORTATZON CONCERNING THE PROPOSED WELLS AVENUE PROJECT IN RO~NOKEt VIRGINIA August 9, 1993 I. INTRODUCTION AND SUMMARY OF COMMENTS Historic Gainsboro Preservation District, Inc. ("HGPD") is a non-profit corporation dedicated to the protection of the historical, cultural, social, and environmental values and the residential character of the community known as Historic Gainsboro in downtown Roanoke, Virginia. Historic Gainsboro is a predominantly African-American community that, in the words of the Virginia Department of Historic Resources, "represents the only surviving fabric of the black community associated with the post-1892 rise of Roanoke as a major rail center.''!/ HGPD commends the Virginia Department of Transportation ("VDOT") for presenting information to the Roanoke citizenry concerning the proposed widening and realignment of Wells Avenue between First Street and Williamson Road ("the Project"). In particular, HGPD appreciates the opportunity to discuss the Project with officials from VDOT and the City of Roanoke at the July 29, 1993 public hearing. HGPD, however, continues to have serious concerns about the significant adverse impacts the Project will have on the Historic Gainsboro community. HGPD has made its views known to City and VDOT officials repeatedly during the many months that this project has been under consideration. HGPD's concerns, summarized here and discussed more fully below, are as follows: The traffic projections used by VDOT do not justify the expansion or realignment of Wells Avenue; The Project's significant impacts upon environmental, historical, cultural, and social values and the residential character of the neighborhood have not been adequately addressed; The Project's impacts have not been adequately addressed in light of other projects, including road projects, that have been completed, proposed, or are on-going in the Gainsboro area. ~/ See Letter from J. Kern, Virginia Department of Historic Resources, to C. Price, chairman, Roanoke City Planning Co~mission (Nov. 17, 1992). For all these reasons, HGPD strongly urges VDOT: (1) to reconsider the need for the widening and realignment of Wells Avenue; (2) to delay any approvals of the Project pending a more comprehensive environmental study that considers newly-revealed issues (such as archeological sites and underground storage tanks); (3) to make information available to the public regarding all of the downtown road projects in one comprehensive presentation (rather than in piece-meal fashion); and (4) to reconsider VDOT's obligation to comply with the National Environmental Policy Act and the federal Historic Preservation Act by assessing the cumulative impacts of all of the downtown projects together. II. TRAFFIC PROJECTIONS VDOT maintains that Wells Avenue must be widened to meet a projected increase in traffic in and around downtown Roanoke. VDOT has projected that vehicular traffic will increase in the Wells Avenue corridor between 1989 and 2010 as follows: Location 1989 2010 Intersection of Wells Avenue and 6,550 19,000 Williamson Road Proposed intersection of Wells Avenue and the Second Street/Gainsboro Road project 5,950 9,550 Throughout the location and design process, VDOT and the City of Roanoke have taken these figures as a given; public debate from the outset has been focused on how to meet the projected traffic needs. VDOT has never fully explained how it generated the traffic projections that provide the sole reason for the Project. VDOT must explain fully the traffic forecasting process and disclose the assumptions and data that lie behind it. Until VDOT does so, the realignment and widening of Wells Avenue cannot be viewed as serving any legitimate purpose and VDOT's approval of it would be inappropriate. Moreover, HGPD believes that an in-depth analysis of the traffic projections reveals that they, and the Project itself, are based on misguided assumptions and out-of-date information. Finally, HGPD believes that the projected traffic volumes for Wells Avenue -- even if accurate -- are well within the capacity of the existing Wells Avenue. These concerns are discussed in detail below. The Public Has Not Had An Adequate Opportunity to Participate in or Understand the Traffic Projection process At the July 29 VDOT hearing, representatives from HGPD asked officials from VDOT and the City of Roanoke, as well as engineers from Mattern & Craig, to describe the forecasting process that yielded the projected traffic figures. While the responses were helpful, they revealed less about the forecasting process than about what that process obscures,z/ The forecasting process appears to include several steps involving a variety of state and municipal entities. As HGPD understands, in 1975, the city of Roanoke conducted a survey of residents' driving patterns to determine how traffic is distributed across the City's thoroughfares. The results of the survey were then translated into a number of variables affecting traffic flow: employment, population, school enrollment, vehicle registration, and zoning patterns. After the Fifth Planning Commission weighted these variables, VDOT took this data and entered them into a traffic "network." The "network" generated the projections for the year 2010 that VDOT to this day cites as justification for this latest stage in the decimation of Historic Gainsboro. None of the steps in the traffic projection process have been adequately explained to the citizens of Historic Gainsboro or the surrounding community. The 1975 survey results have not been presented during the public review of the proposed project. In addition, while VDOT officials have indicated that documents are available from VDOT that describe the "network" and how it and other formulae work, VDOT has not made an effort to educate the public about this crucial part of the Project. The generation of projected traffic figures is a complex and highly technical process; it must be thoroughly and carefully described in order to offer the public a meaningful opportunity to understand and comment on the proposed project. VDOT should withhold approval of the Project until the public has had that opportunity. The Traffic Projections are Based on Out-dated Data and Misquided Assumptions HGPD's preliminary analysis of the variables used in the traffic projections indicates that the presumed need for the widening and realignment of Wells Avenue is founded upon two faulty bases: first, out-dated information about population and traffic; and second, assumptions about traffic demand that ~/ HGPD has in the past sought similar information from the City of Roanoke but has not received a response. 3 reflect the needs of the Hotel Roanoke and residents of communities other than Historic Gainsboro itself. 1. Ina~urate and Out-Moded Data The inaccuracies stem from VDOT's and the City's continued reliance on old data. First, the traffic survey, conducted in 1975, does not reflect the changes in Historic Gainsboro that have occurred in the last eighteen years that have altered its traffic patterns. For example, the decision by Norfolk & Southern last year to move its operations from the Gainsboro area has dramatically reduced the volume of traffic on neighborhood streets. Second, at the July 29 VDOT hearing, representatives from Mattern & Craig indicated that the traffic projections for the year 2010 were based on results from the 1975 survey as well as 1980 census data. However, population data from the 1990 census has recently become available to VDOT for traffic projections and HGPD has learned that VDOT is currently relying on this more accurate data in traffic projections for other projects. And yet, despite its availability, this most up-to-date information will not be used to reevaluate the traffic projections upon which the Wells Avenue realignment is based. Every forecast is, by definition, imprecise and HGPD does not ask for statistical certainty. However, this more accurate data is available to reevaluate traffic needs in an area that has undergone extensive changes since the 1980 census. VDOT's refusal to use this data is the sort of willful blindness that is the hallmark of arbitrary agency action. HGPD urges VDOT to reconsider. The Traffic Projections Reflect the Needs of the Hotel Roanoke and Commuters, not the citizens of Historic Gainsboro The supposed need for the Wells Avenue realignment is based on a rapidly rising demand for downtown traffic arteries by residents outside Historic Gainsboro -- not from the residents of this area themselves. As such, the project improperly imposes upon the residents of Historic Gainsboro the significant adverse impacts associated with construction of the Project while the benefits go to others. This is made abundantly clear from an evaluation of the variables used to project the three-fold increase in downtown traffic: employment, population, school enrollment, vehicle ownership, and zoning patterns. The 1989 and 1990 transportation plans predict that employment and population in the downtown area will no~ increase, but will remain relatively constant through the year 2015. Similarly, school enrollment and residential 4 vehicle registration decreased in the Historic Gainsboro area when construction of the Wometco bottling plant took some 150 homes. Clearly, the future traffic needs of the Gainsboro area do not require the realignment or widening of Wells Avenue. At the VDOT hearing on July 29, VDOT officials explained that one factor expected to lead to increased traffic downtown is the hope for expanded business at the Hotel Roanoke. Another factor, VDOT officials stated, is the expectation that commuters from outlying areas will come into the downtown area more frequently. VDOT and the City, however, cannot reasonably justify imposing on the Historic Gainsboro citizenry the substantial burdens of the Project, and the other road projects in the Gainsboro area, with the mere expectation of future downtown development. HGPD believes that it is improper to force residents of the City to give their tax dollars -- and sacrifice their oldest neighborhood -- for the sake of an easier commute. What is happening in the Gainsboro area is part of a pattern of development that has forced African-American communities in the Roanoke area to give up their neighborhoods and their homes in order to create jobs, highways, and structures for other constituencies. Time and time again, the City has reneged on its promise to share with the African-American community the benefits of this development. In the late 1950's, the City promised that the residences taken by development in the Kimball area would be replaced within the neighborhood. Today, in the place of the vibrant Kimball neighborhood stands a wasteland of industrial parks and fast-food restaurants. In the 1980'S, the City offered the residents of Gainsboro jobs in the proposed Wometco bottling plant in return for their homes. HGPD believes that, even today, Wometco employs no members of the Gainsboro community. The Kimball and Wometco examples are only the most egregious. The difference between what happened in those instances and what will happen as a result of this project is only a matter of degree. In each case, the City will have sacrificed an African-American neighborhood -- here, an area of established historical and cultural importance -- to make room for businesses and highways that benefit other segments of the Roanoke area population. It would be absurd to say that the Historic Gainsboro residents benefit from a realigned and widened Wells Avenue; they simply do not need it. It is even more absurd to maintain that Historic Gainsboro will benefit from the project's "design features;" rusticated crosswalks and scenic garbage cans are merely sugar coating for the same bitter pill that has passed from Kimball to Gainsboro. Even Accepting VDOT's Inaccurate Projections, A Four- Lane Hiahwav is Not Needed Even ignoring for the moment that the traffic projections are based on inaccuracies and out-dated information and assuming that traffic volumes will increase as VDOT and the city predict, realigning Wells Avenue and widening it to four lanes is not justified. It is widely accepted that 9,550 vehicles per day -- the projected volume at the intersection of Wells and the proposed Second Street/Gainsboro extension -- is well within the capacity of a two-lane thoroughfare. Thus, even assuming that the figures are correct, there is no need to widen Wells Avenue beyond Jefferson Street. As for the eastern end of Wells Avenue, VDOT projects that the intersection of Wells and Williamson Road will have to handle 19,000 vehicles per day by the year 2010. Given that only 9,550 of those cars are projected to emerge at Second Street/Gainsboro, VDOT evidently assumes that the Hotel Roanoke will attract 9,450 vehicles a day. Such as assumption would appear to be overly optimistic and not rationally based. HGPD believes that further analysis of the traffic projections will reveal that the 19,000 estimate for the eastern end of Wells Avenue is high and that a two-lane road would again suffice. In light of the questionable accuracy of the data used in the projections, VDOT and the City should reconsider the decision to realign and widen Wells Avenue; the existing two lanes are more than adequate. III. ADVERSE IMPACTS TO ENVIRONMENTAL AND HISTORICAL RESOURCES A. Environmental Impacts 1. Underqround Storaqe Tanks and Soil Contamination According to VDOT officials, two former gasoline stations have been identified within the Project construction area: an abandoned facility at the intersection of Wells Avenue and Williamson Road, and a now vacant site on the western end of Wells Avenue. VDOT officials have indicated that soil samplings and similar analyses have been completed at both of these sites. Based on these tests, which are neither contained nor alluded to in the March 1991 Environmental Assessment ("EA") for Second Street/Gainsboro Road and Wells Avenue or the July 1993 Addendum to the same, VDOT officials acknowledge that four underground storage tanks still remain on site at the abandoned facility on the eastern end of Wells Avenue and that soil tests at the site confirm the existence of soil contamination in excess of action levels as prescribed by the state of virginia.~! With respect to the now vacant western site, VDOT officials have stated that, other than the presence of surface stains, soil contamination is within the prescribed state action levels and that no underground storage tanks are present. Given this information, HGPD is concerned about the actions VDOT and the City of Roanoke intend to take to remediate the environmental problems at the eastern site. At present, VDOT officials have not furnished remediation plans, nor specified at what point in the proposed construction process remediation might take place. Nor, to HGPD's knowledge, has anyone else has put forth plans to remediate the area. The apparent absence of such planning is particularly worrisome because at least two of the four underground storage tanks at this site, as well as unknown quantities of soil with contamination in excess of state action levels, are located directly in the path of the proposed Wells Avenue widening, as illustrated on VDOT planning maps and diagrams. HGPD's concerns about these acknowledged environmental problems in the proposed Wells Avenue construction area are heightened further by the apparent environmental problems that Roanoke City officials indicate have stalled the Second Street/Gainsboro Road project at this time. Neither VDOT nor city officials have fully informed the citizens of exactly what those environmental problems are, but at the July 29 hearing, City officials suggested that contamination had been found along the proposed route for the Second Street/Gainsboro Road project. In light of these stated problems and considering the explicit interrelatedness of the proposed Wells Avenue and Second Street/Gainsboro Road projects, HGPD strongly urges VDOT to undertake a comprehensive environmental study that fully considers these issues. The March 1991 EAprepared by the City and, more importantly, the July 1993 Addendum to the EA completely fail to address or acknowledge these very serious environmental issues. Indeed, the word "environmental" is somewhat of a misnomer for these reports which utterly fail to address the true environmental concerns that exist. In addition to the need for a comprehensive environmental study that addresses the legitimate environmental problems that are apparently present at these project sites, HGPD also requests that VDOT make available copies of the recently completed studies !/ VDOT officials have also indicated that reports on the underground storage tanks have been prepared. These, however, have not yet been made publicly available for review, thus inhibiting informed decisions on the proposed Wells Avenue project. 7 on the underground storage tank problem. It is only through full and fair disclosure along these lines that the citizens of the Historic Gainsboro community, and the community at large, can understand the full extent of the environmental issues at stake here and the exact scope of activities VDOT proposes to undertake to remedy the situation. HGPD and the community at large deserve to know more about the environmental problems that are attendant to these proposed projects. 2. Noise control As presently envisioned, the Project lies directly within the Historic Gainsboro co,unity, a residential neighborhood of primarily single family dwellings. Given its quiet, residential character, the issue of noise pollution is of great concern to the citizens of Historic Gainsboro. In light of this concern, VDOT officials indicated that certain measures could be instituted to ensure that noise pollution associated with this project would be minimized. These measures include placing restrictions on the hours in which construction is permitted and using smaller sized construction equipment which presumably puts out lower sound decibels. HGPD, however, does not believe that VDOT's proposed solution will solve the problem of noise pollution. First, HGPD questions whether VDOT will be able to institute the measures it suggests, given other stated constraints. During the July 29 hearing, it became abundantly clear that the Hotel Roanoke is not only a driving force for the proposed project in general, but also for the project construction schedule. In fact, VDOT officials indicated that contractors performing work at the site will be working under a contractually-mandated, expedited schedule in order to ensure that completion of the proposed Wells Avenue project, at least up to Jefferson Street, will coincide with the official opening of the Hotel Roanoke in Spring 1995. The conflict here is obvious. It involves a choice between noise pollution reduction measures and an expedited construction schedule; a choice between the health and welfare of the citizens of the Historic Gainsboro community and the purely economic interests of the Hotel Roanoke. VDOT has chosen to side with the economic interests of the Hotel Roanoke at the expense of the Historic Gainsboro community. Second, even assuming VDOT can and does institute the proposed measures, this alone would not solve the problem because noise pollution during construction is only one aspect of the overall problem. Once the project is completed, the increased 8 ~raffic that will be funnelled through ~lls Avenue will result increased levels of noise pollution.~/ 3. Rodent problems Finally, a common problem with any major construction project is the displacement and exodus of rodents. According to VDOT officials, a large scale rodent problem was experienced during the construction of Interstate 581. When asked what contingency plans VDOT might have in place for this very real threat, VDOT officials mentioned extermination methods such as baiting and powdering. These methods alone, however, will only solve the problem of rodent infestation in buildings which are slated for demolition. Indeed, they will most likely serve to hasten the departure of rodents from those buildings into the immediately adjacent and vulnerable Historic Gainsboro community. HGPD requests that VDOT take a more careful and comprehensive look at how the problem of rodent infestation is to be handled. Certainly concerns for the health and welfare of the children and adults of the Historic Gainsboro community warrant greater consideration of the likelihood of rodent displacement and the consequences of that displacement. B. Historic Preservation According to VDOT officials, the impact of the proposed Wells Avenue project on the Historic Gainsboro community has been fully analyzed by the Virginia Department of Historic Resources ("DHR"). As stated by one VDOT official, the DHR apparently determined that the proposed Wells Avenue project would have no detrimental impact on the historic, social, or cultural character of the community. What is alarming to HGPD, however, is the fact that this particular study seemingly was performed in a vacuum. According to VDOT officials, the study concentrated on the impact of the proposed Wells Avenue project alone and no consideration was given to the detrimental effects of this project in conjunction with either the overall Inner Loop project, or the Second Street/Gainsboro Road project. It is only when viewed as one element of the greater whole that the true impact of the proposed Wells Avenue project on the environmental, cultural, and historical values of the Historic Gainsboro area can adequately be assessed. Indeed, when viewed cumulatively, as they must be, A/ In addition to its concerns about the foregoing environmental problems, HGPD is also concerned about the potential for increased air pollution. As with the other environmental problems, there is no evidence that impacts form air pollution have been evaluated properly. 9 the effect of this Inner Loop scheme will be to encircle and strangle the Historic Gainsboro community. The City of Roanoke adopted, to some extent, this broadened view in undertaking what it calls a cultural resources survey relative to the proposed Wells Avenue project and the Second Street/Gainsboro Road project combined. According to the July 1993 Addendum to the EA, Phase III of this study is presently evaluating a recently discovered archaeological site in the Gainsboro Road area.f! This site is believed to be a late nineteenth/early twentieth century trash midden associated with a black-owned pharmacy and possibly a neighborhood grocery. This study is expected for release in the near future. When VDOT officials were asked about the discovery of this important archaeological site at the July 29 hearing, it was apparent to HGPD that VDOT officials were unaware of it's existence and the excavation work that was actually going on there as the hearing was taking place. When pressed on the issue of what VDOT would do if similar archaeological sites were unearthed during construction activities at the proposed Wells Avenue construction site, VDOT officials were unable to demonstrate to HGPD's satisfaction that such eventualities had even been considered or planned for. HGPD is extremely concerned over the apparent lack of coordination between VDOT, the DHR, and the City with respect to the performance of a comprehensive evaluation of the impacts of these proposed roadway projects on the historic, social, and cultural character of the Historic Gainsboro community. The extent of VDOT's coordination with DHR relative to the Wells Avenue project is not disputed; the myopic approach of that effort, however, is disputed. At stake here is the historic, social, and cultural integrity of the community of Historic Gainsboro. An approach that views impacts on an eligible historic district solely through the context of a single project is inherently faulty. Individually, no one project may ever have a significant impact on such an area's historical value. Cumulatively, however, a series of directly related projects (i.e., the Inner Loop), can have a devastating impact on an area. Accordingly, HGPD strongly recommends that VDOT and DHR, in conjunction with the City of Roanoke, evaluate how the related road projects in the area ~/ During the July 29 hearing, city officials intimated that the finding and subsequent evaluation of this important archaeological site is also one factor temporarily preventing the Second Street/Gainsboro Road project from proceeding. Again, this was the first time HGPD or the public became privy to this information. 10 together will affect the unique historical values of Gainsboro. Such a focus will provide a far more deliberate and realistic analysis of what is truly at issue here= the preservation of the historic, social, and cultural integrity of Historic Gainsboro. IV. INTEGRAL RELATIONSHIP OF WELLS AVENUE PROJECT TO OTHER ROANOKE PROJECTS The Wells Avenue Project is so integrally related to other projects, including highway projects, in the Gainsboro area that this project should not be considered in isolation. Instead, the Wells Avenue Project takes on even greater significance when considered together with the widening of Fifth Street and the Fifth Street Bridge, the proposed widening of Tenth Street between Gilmer and Andrews Avenues, and the Second Street/Gainsboro Road realignment. Nevertheless, despite the potential for these projects individually and cumulatively to have devastating impacts on the environmental, historical, cultural, and social values of Historic Gainsboro and the downtown Area, neither VDOT nor the City appear to have considered these projects together. In addition, the related nature of these projects raises serious doubts as to whether VDOT has complied with the National Environmental Policy Act ("NEPA") or the federal Historic Preservation Act ("HPA"), both of which require review of all federally-funded activities (such as the Fifth Street widening) and related activities, if they can be considered parts of one larger project. That the Wells Avenue project is integrally related to other construction in the Gainsboro area and other downtown roadway projects cannot be denied. Indeed, VDOT itself stated in the materials distributed at the July 29 hearing that the Wells Avenue project is intended, among other things, "[t]o provide, in combination with the Second Street/Gainsboro Road Droiect, improved access to the downtown area." (emphasis added). In addition, VDOT's brochure states that Wells Avenue "will be designed in conjunction with the Second Street/Gainsboro Road project to provide for a signalized intersection." HGPD was informed, in fact, at the July 29 hearing that the plans for Second Street/Gainsboro Road project will have to be re-evaluated in order to accommodate a change in the intersection with Wells Avenue. According to VDOT, another goal for the Wells Avenue project is "[t]o complete one link on the proposed inner lOOP, thereby helping to relieve traffic congestion in the central business district." (emphasis added). While VDOT did not indicate the exact location of the so-called "proposed inner loop," a reasonable inference is that it includes the Fifth Street project (to make a four-lane highway and wider bridge between Salem and 11 Gilmer Avenues) and the Tenth Street project (to build a four- lane highway between Gilmer and Andrews Avenues). It is inconceivable that VDOT would describe Wells Avenue as a part of the proposed inner loop and as related to the Second Street/Gainsboro Road project and yet not hold a public hearing to discuss the cumulative impact (or benefit) of these projects. Instead, the city and VDOT have limited citizen review to individual road projects, thereby diluting the residents' ability to understand the cumulative impacts of these various projects on their community. In addition, that these projects are so integrally related raises serious questions as to whether VDOT and/or the City have complied with NEPA and the HPA, both of which require an assessment of all federally-funded projects (such as the Fifth Street) project and related activities, if together those activities can be considered smaller portions of a larger whole. Since the Wells Avenue project is identified as a portion of the "proposed inner loop," it seems only reasonable to believe that that project should be considered under NEPA and the HPA along with Fifth Street project and other projects. Therefore, HGPD strongly encourages VDOT to reopen the public comment period to inform the citizens about the related nature of Wells Avenue and the other projects and to re-evaluate Wells Avenue under NEPA and the HPA in light of its connection its apparent connection to the federally-funded Fifth Street project. V. CON~ In sum, VDOT's traffic projections do not justify the need for the Wells Avenue Project. In addition, the significant impacts on the environmental and historical values have not been adequately explored, in the isolation of the Wells Avenue project and in combination with the Second Street/Gainsboro Road project, the Fifth Street widening, and the Tenth Street project. For all these reasons, HGPD strongly urges VDOT: (1) to reconsider the need for the Wells Avenue project; (2) to delay any approvals of the project pending a comprehensive environmental study that considers newly-revealed facts (such as archeological sites and underground storage tanks); (3) to make information available to the public regarding all of the downtown road projects in one comprehensive presentation (rather than in piece-meal fashion); and (4) to reconsider VDOT's obligation to comply with NEPA and the HPA by assessing the cumulative impacts of all the downtown projects together. o: \CLI\9999\0006\MISC\0006PRM. 01 12 RAY D. PETHTEL COMMISSIONER H/SC. 8/26/93 - COUIqC[L & C. HGR. COMMONWEALTH of V RGINIA DEPARTMENT OF TRANSPORTATION 1401 EAST BROAD STREET RICHMOND, 23219 August 19, 1993 EARL C. COCHRAN, JR. STATE LOCATION AND D~SlGN ENGINEER Wells Avenue Project: U000-128-117, PE-101, RW-201, C-501 City of Roanoke Fr: 1st Street Northwest To: Williamson Road Mayor, city of Roanoke 215 Church Avenue, S.W. Roanoke, VA 24011 I would like to take this opportunity ~0 advise that the Commonwealth Transportation Board of Virginia at its meeting today approved the location and major design features of the above project as proposed and presented at the July 29, 1993, public hearing with minor modification in the final design phase to accommodate local traffic needs. Sincerely, ~__b~b E. C. Cochran, Jr., P. E. State Location and Design Engineer TRANSPORTATION FOR THE 21 ST CENTURY MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk August 11, 1993 File #226-236 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31623-080993 authorizing you to execute an agreement with Total Action Against Poverty in Roanoke Valley, Inc., for Community Development Block Grant (CDBG) funds, in the amount of $25,000.00, to be used for the Customized Job Training Program. Resolution No. 31623-080993 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 9, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc-' Wflburn C. Dibling, Jr., City Attorney James D. Grisso, Acting Director of Finance William F. Clark, Director, Public Works Ronaid H. Miller, Building Commissioner H. Daniel Pollock, Housing Development Coordinator John R. Marlles, Chief, Community Planning Evelyn D. Dorsey, Acting Zoning Administrator Glenn D. Radcliffe, Director, Human Development Vickie L. Price, Administrator, Fifth District Employment and Training Consortium Marie T. Pontius, Grants Monitoring Administrator W. Robet-t Herbert, City Manager August 11, 1993 Page 2 pc: Theodore J. Edlich, Executive Director, Total Action Against Poverty, P. O. Box 2868, Roanoke, Virginia 24011-2868 Annette Lewis, Director, Total Action Against Poverty Employment and Tlm~ning Services, P. O. Box 2868, Roanoke, Virginia 24011-2868 IN THE COUNCIL OF THE CITY OF ROANOKE, The 9th day of August, 1993. No. 31623-080993. VIRGINIA, A RESOLUTION authorizing the City Manager to execute an agreement with Total Action Against Poverty in Roanoke Valley, Inc. ("TAP"), to provide for the Customized Job Training Program. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the City Manager or the Assistant City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, an agreement with Total Action Against Poverty in Roanoke Valley, Inc., which agreement shall provide for the use of CDBG funds in the amount of $25,000.00 to be used for the Customized Job Training Program, in accordance with the recommendations contained in the City Manager's report to this Council dated August 9, 1993. Attorney. The form of the agreement shall be approved by the City ATTEST: City Clerk. Roanoke, Virginia August 9, 1993 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Contract for Services with Total Action Against Poverty in Roanoke Valley, Inc. (TAP) - Customized Job Training I__. Background: ae City Council authorized funding for the TAP Customized Job Training project as part of the Community Development Block Grant (CDBG) application; approved by Council on May 10, 1993 by Resolution No. 31445-051093. Be City Council appropriated CDBG funds on June 28, 1993, by Ordinance No. 31534-062893, including $25,000 in funding for the TAP Customized Job Training Program. II. Current Situation: ae Project continuation, as proposed by Total Action Against Poverty in Roanoke Valley, Inc (TAP), will provide customized job training for 65 low to moderate income persons, 41 job openings are expected to be filled. B. TAP and at least four local businesses will work Ce together to develop the curricula for this comprehensive job training program, which will include both classroom and on-the-job training. FY 1993-94 CDBG funds, in the amount of $25,000 will leverage approximately $81,352 in additional monies from the Job Training Partnership Act (JTPA) and in-kind donations of equipment, materials and training. An administrative agreement between the City and TAP is necessary for the funds to be obligated to this project. III. Issues: A. Cost to the City C. D. E. Funding Timing Compliance with applicable regulations Legal IV. Alternatives: Authorize the City Manager to execute the attached Agreement with TAP for the Customized Job Training program. 1. Cost to the City will be $25,000 in CDBG funds. Funding is available in CDBG Account No. 035-093- 9338-5218. Timing is important since TAP has obtained funding under the Job Training Partnership Act (JTPA) to implement this program beginning July 1, 1993. 4e Compliance with applicable regulations is assured through contract review and project monitoring by the City's Office of Grants Compliance. Se Legal issues will be addressed through contract review by the City Attorney. Do not authorize the City Manager to execute the attached A~reement with TAP for the Customized Job Training program. Cost to the City would be nothing, except that the scope of an activity designed to provide job skills training and employment opportunities for low to moderate income persons would be reduced. 2. Fundin~ would not be an issue. 3. Timin~ would not be an issue. e Compliance with applicable regulations would not be an issue. 5. Legal concerns would not be an issue. 2 V. Rec~ndation~ It is recommended that City Council concur in Alternative A and authorize the City Manager to execute the attached A~reement with TAP for the Customized Job Training program. Respectfully submitted, W. Robert Herbert City Manager attachments WRH:CAH CC: James D. Ritchie, Assistant City Manager Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Acting Director of Finance Glenn D. Radcliffe, Director of Human Development Vickie L. Price, Administrator, Fifth District Employment & Training Consortium Marie T. Pontius, Grants Monitoring Administrator Theodore J. Edlich, Executive Director, Total Action Against Poverty, Inc Annette Lewis, Director, TAP Employment & Training Services 3 AGREEMENT This Agreement is made and entered into this day of , 1993, by and between the following parties: The Grantee - and the Subgrantee - City of Roanoke, Virginia 215 Church Avenue, S.W. Roanoke, Virginia 24011 Total Action Against Poverty in Roanoke Valley, Inc (TAP) 145 Campbell Avenue, S.W. Post Office 2868 Roanoke, Virginia 24001 The Grantee has been authorized by its City Council pursuant to Resolution No. __-080993, adopted August 9, 1993, to provide $25,000 in matching funds toward the TAP Customized Job Training project as part of its Community Development Block Grant program. The parties hereto mutually agree as follows: SCOPE OF SERVICES: TAP will work with at least four local businesses to develop the curricula for this comprehensive job training program. The training will be designed to address specific job opportunities in each of the companies. The training will benefit sixty five (65) low and moderate income persons. Forty one (41) jobs are expected. The training will be two-phased: Phase I. This phase of the training will take place at TAP offices and will focus on fundamental skills such as math, English, word processing and office auto- mation. Phase II. This phase of training will be an internship conducted on-site of the participating businesses. In this segment of the program, students will learn and perform the specific duties required of positions within the company. (Internships will be conducted under the guidance and supervision of a company staff person, who will maintain contact with TAP personnel on the interns' progress). Upon completion of the formal training period, the business will use program graduates to fill permanent positions. When Job Training Agreement Page 2 these positions are filled the remaining pool of graduates will be eligible for similar positions with other companies. TIME OF PERFOI~ANCE: This Agreement shall be for the period of July 1, 1993 through June 30, 1994. The Agreement may be extended with the written agreement of both parties. The total budget for this project will be $106,352. Funding sources for this project are as follows: Job Training Partnership Act (JTPA) In-kind Donation of Equipment 1993-94 CDBG Funds $ 50,000 31,352 25,000 PROPOSED PAYMENT Sc.K,~ULE AND PROCEDURES: This is a cost reimbursement contract. Request for payments will be submitted to the assigned Project Manager for initial review and approved for payment by the Office of Grants Compliance. Funds will be disbursed monthly, as needed. Payment will be made to the Subgrantee within ten (10) days from date of receipt. Approval of reimbursement requests will be subject to timely receipt of the monthly reports as detailed in Paragraph 10. The Grantee reserves the right to refuse payment to the Subgrantee in the event that the Subgrantee submits a reimbursement request sixty (60) calendar days from the contract expiration date. SECTION 504: The Subgrantee agrees to comply with any federal regulation issued pursuant to compliance with the Section 504 of the Rehabilitation Act of 1973, as amended which prohibits discrimination against the disabled in any federal assisted program. INDEMNIFICATION: The Subgrantee agrees to indemnify and hold harmless the City, its officers, agents and employees, from any and all claims, legal actions and judgments advanced against the City and for expenses the City may incur in this regard, arising out of the Subgrantee's intentional acts and negligent acts or omissions with respect to the rights and privileges Job Training Agreement Page 3 granted by the City to the Subgrantee in this Agreement. COMPLIANCE WITH FEDE~AL REGULATIONS: The Subgrantee agrees to abide by the HUD conditions for CDBG programs as set forth in Attachment A and all other applicable federal regulations relating to specific programs performed hereunder. Further, the Subgrantee agrees to require compliance with applicable federal regulations of the contractor by agreement. UNIFORM AD~_INISTRATIVE REQUIP~ENTS: The Subgrantee shall comply with the requirements and standards of OMB Circular No. A-122, "Cost Principles for Non Profit Organizations" and with the following Attachments to OMB Circular No. A-110, if applicable: Attachment A, "Cash Depositories"; Attachment B, "Bonding and Insurance"; Attachment C, "Retention and Custodial Requirements for Records"; Attachment F, "Standards for Financial Management Systems"; Attachment H, "Monitoring and Reporting Program Performance," paragraph 2; Attachment N, "Property Management Standards"; and Attachment O, "Procurement". PROGRAM INCOME: "Program income" means gross income received by the Grantee or Subgrantee directly generated from the use of CDBG funds. No program income is expected. Program income from any and all sources shall be submitted to the City within five (5) days of its receipt by the Subgrantee. 10. RECORDS AND REPORTS: The Subgrantee shall maintain full and accurate records with respect to all matters covered under this Agreement. All records pertaining to this Agreement and the services performed pursuant to it, shall be retained for a period of three (3) years after the expiration date of this Agreement or its amendments. Appropriate City and/or HUD personnel shall have free access to those records during the Agreement duration and the following three-year time period. The Subgrantee shall submit monthly reports to the Project Manager and the Grantee's Office of Grants Compliance. Such reports shall consist of a narrative of accomplishments to date and a financial report of revenues, expenses and program income. Job Training Agreement Page 4 11. CONFLICT OF I~'£~ST: No employee, agent, consultant, officer or appointed official of the Subgrantee, who is in a position to participate in a decision-making process or gain inside information with regard to any CDBG activity, may obtain a personal or financial interest in any contract, subcontract or agreement with respect thereto, or in the proceeds thereunder, either for themselves, their family or business associates, during their tenure or for one (1) year thereafter. 12. SUSPENSION AND 'r~/~INATION: Suspension or termination may occur if the Subgrantee materially fails to comply with any term of this award, and the award may be terminated for convenience by the Grantee or Subgrantee upon written notification to the awarding agency (HUD), setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. 13. REVERSION OF ASSETS: Upon expiration of this agreement, or amendments thereto, the Subgrantee shall transfer to the city any CDBG funds or program income on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. 14. ANNUAL AUDIT AND MONITORING: The Subgrantee shall provide for an annual independent audit of all CDBG expenditures covered by the Agreement. Copies of said audit report shall be furnished to the Grantee's City Manager and Director of Finance within thirty (30) days of completion of the audit. 15. THIRD-PARTY COB'£~u%CTS: The Grantee shall not be obligated or to any party other than the Subgrantee. liable hereunder 16. AMENDMENTS. The Grantee, from time to time, may require changes in the obligations of the Subgrantee hereunder, or its City Council may appropriate further funds for the TAP Customized Job Training project. In such event or events, such changes Job Training Agreement Page 5 which are mutually agreed upon by and between the Subgrantee and grantee shall be incorporated in written amendment to this Agreement. 17. GOVERNING LAW: This Agreement shall be governed by laws of the Commonwealth of Virginia. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year hereinabove written: ATTEST: CITY OF ROANOKE: By Mary F. Parker, City Clerk By W. Robert Herbert, City Manager SUBGRANTEE: By Witness By Theodore J. Edlich, III Executive Director Total Action Against Poverty in Roanoke Valley, Inc APPROVED AS TO CDBG ELIGIBILITY APPROVED AS TO FORM Grants Monitoring Administrator Assistant City Attorney APPROVED AS TO EXECUTION APPROVED AS TO FUNDS AVAILABLE Assistant City Attorney Director of Finance Date Account # CA:TAP.JOB ATTACHMENT A page 1 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SPECIAL TERMS AND CONOITIONS "Section 3" Co.~11ance tn the Provision of Training, F. mployment and Business Opportunities: The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section~3 of the Housing and Urban Development Act of 1968, as amended, 1Z U.S.C. 170. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. The parties to this contract will comply with.the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. The contractor will send to'each labor organization or representative of workers with which he has a collective b&rgaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers' representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. The contractor will include this Section 3 clause in every subcontract 'for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development 2¢ CFR Part 135. The contractor will not subcontract with any subcontractor where it hms notice or knowledge that the latter has been found in violation of regulations under 24 CFR part 135 end will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part [35, and all applicable rules and orders of the Department issued hereunder prior to the execution of the contract, shall be a condition of the federal financial assistance provided to the project, binding upon the applicant or recipient for such ATTACHMENT A page 2 assistance, its successor and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors and subcontractors, its successors and assigns to those sanctions specified by the grant or loan agreement or contract through which Federal assistance is provided, and to such sanctions as are specified by 2¢ CFR Part 135. Equal Eml)loyment Opportunity: Contracts subject to Executive Order 11246, amended: Such contracts shall be subject to HUD Equal Employment Opportunity regulations at 24 CFR Part 130 applicable to HUO-assisted construction contracts. The Contractor shall cause or require to be inserted in full in any non- exempt contract and subcontract for construction work, or modification thereof as defined in said regulations, which is paid for in whole or in part with assistance provided under this Agreement, the following equal opportunity clause: "During the performance of this contract, the contractor agrees as follows: The cohtractor will not discriminate against any employee or applicant for employment because of race, color, religiqn, sex or national origin. The contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agramnt or other contract or understanding, a notice to be providsd by the Contract Com~li&nce Officer advising the said labor union or workers' representatives of the contractor's commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employmmnt. The contractor will comply with all provisions of [xecutive Order llZ46 of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor. The contractor will furnish all information and reports required by Executive Order [[2¢6 of September 24, 1965, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the ATTACHMENT A page 3 Department and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. In the event of the contractorls noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations or orders, this contract may be canceled, terminated or suspended in whole or in part, and the contractor may be declared ineligible for further Government contracts or Federally-assisted construction contract procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by law. The contractor will include the portion of the sentence immediately preceding paragraph (A) and the provisions of paragraphs (A) through (G) in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of Septambsr 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the Departmsnt may direct as a means of enforcing such provisions, including sanctions for noncompliance; providsd, however, that in the event a. contractor becomes involved in or is threatened with litigation with a subcontractor or vsndor as a result of such direction by ths Department, the contractor may requsst the United States to enter into such litigation to protsct the interest of the United States." The Contractor further agrees that it will be bound by the above equal opportunity clause with respect to its own employmant practices when it participates in Federally-assisted construction work; provided, that if the Contractor so participating is a State or local govarnmnt, the above equal opportunity clause is not appltcabls to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The Contractor agrses that it will assist and cooperate actively with the Department and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations and relevant orders of tbs Secretary of Labor; that it will furnish the Department and the Secrstary of Labor such compliance; and that it will othsrwise assist the Department in the discharge of its primary rssponsibility for sscuring compliance. The Contractor further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for Government contracts and Federally-assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause a~s may be imposed upon contractors and subcontractors by the Department or the Secretary of Labor pursuant to Part II, Subpart O, of the Executive Order. In addition, the Contractor agrees that if it fails or refuses to comply with these undertakings, tbs Department may take any or all of the following actions: cancel, terminate or suspend in whole or in part the grant or loan guarantes; refrain from extending any further assistance to the Contractor under the Program with respect to which the failure or ATTACHMENT A page 4 refusal occurred until satisfactory assurance of future compliance has been received from such Contractor; and refer the cause to the Department of Justice for appropriate legal proceedings. Nondiscrtwinatton Under Tttle VI of the Civil Rights Act of 1964: This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 88-35~) and HUD regulations with respect thereto, including the regulations under ~4 CFR Part 1. In the sale, lease or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, the Contractor shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination upon the basis or race, color, religion, sex or national origin, in the sale, lease or rental, or in the use of occupancy of such land or any improvements erected or to be erected thereon, and providing that the Contractor and the United States are beneficiaries of and entitled to enforce such covenant. The Contractor, in undertaking its obligation in carrying out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant and will not itself so discriminate. Obligations of Contractor with Respect to certatn Third-party Relationships: The Contractor shall remain fully obligated under the provisions of the Agreement, notwithstanding its designation of any third party or parties for the undertaking of all or any part of the program with respect to which assistance is being provided under this Agreement to the Contractor. Any Contractor which is not the Applicant shall comply with alt lawful requirements of the Applicant necessary to insure that the program, with respect to which assistance is being provided under this Agreement to the Contractor is carried out in accordance with the Applicant's Assurances and certifications, including those with respect to the assumption of environmental responsibilities of the Applicant under Section 104(h) of the Housing and Community Development Act of 1974. Interest of Certain Federal Officials: No member of or delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this Agreement or to any benefit to arise from the same. 6. Zntsremt of l~mbers, Offtcorm or Emplo~ams of Contractorm limbers of Local ;over~4ment 8ed~, or Other I~bltc Officials: No member, officer or employee of the Contractor, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his tenure, or for one il) yesr there&fret, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under the Agreement. The Contractor shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this section. Prohibition Aeatnst Pa~fmemts of Bonus or C~mtsstem: The assistance provided under this Agreement shall not be used in the payment of any bonus or commission for the purpose of obtaining HUD approval of the application for such assistance, or HUD approval or applications for additional assistance, ATTACHMENT A page 5 10. 11. oY any other approval or concurrence of HUD required under this Agreement, Title I of the Housing and Community Development Act of 1974, or HUD regulations with respect thereto; provided, however, that reasonable fees or bona fide technical, consultant, managerial or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as program costs. "Section 109": This Agreement is subject to the requirements of Section 109 of the Housing and Community Development Act of lg74, 42 U.S.C. 3535(d). No person in the United States shall on the ground of race, color, religion, sex or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds available under this title. Aer*~ to Records amd Stte of F.m~lo~lmnt: This Agreement is subject to the requirements of Executive Order 11246, Executive Order 1375, Civil Rights Act of lg64, as amended. Access shall be permitted during normal business hours to the premises for the purpose of conducting on-site compliance reviews and inspecting and copying such books, records, accounts, and other material as may be relevant to the matter under investtg&tion and pertinent to compliance with the Order, and the rules and regul&tions promulgated pursuant thereto by the Contractor. Information obtained in this manner shall be used only in connection with the administration of the Order, the administration of the Civil Rights Act of 1964 (as amended) and in furtherance of the purpose of the Order and that Act. Records: All records pertaining to this Agreement and the services performed pursuant to it, shall be retained for a period of three (3) years after the expiration date of the Agreement. Appropriate City and/or HUD personnel shall have free access to those records during the Agreement duration and the following three-year time period. Tenmtnatton for C~nventewce or for C~use: This Agreement may be terminated by either the City or the Contractor in the event of · substantial failure to perform by either party. In the event of such termination, the Contractor shall be entitled to collect all sums for services performed as of the date of termination. This Agreement may be termtnsted for convenience in whole or in part by the City with the consent of the Contractor, in which case the two parties shall agree upon the termination conditions, including the effective date and in the c&se of partial termination, the portton to be terminated. 12. Legal r:~:~le~ for ~tract Violation' If the Contractor materially fails to comply with any term of this Agreement, whether stated in s Federal statute or regulation, an assurance, in a State plsn or application, a notice of award, or elsewhere, the City may take one or more of the following action, ss &ppropriate in the circumstances: Temporarily withhold cash payments pending correction of the deficiency by the Contractor, Disallow ell or part of the cost of the activity or action not in compliance, 3) Wholly or partly suspend or terminate the current Agreement, or 4) Take other remedies that may be legally available. E:ATTACH~4T.PRO 10/1/91 MARY F. PARKER City Clerk, CMC/AAE 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 August 9, 1993 Fils #236-304 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31625-080993 authorizing acceptance of Delinquency Prevention and Youth Development Act O~ant No. 93-I-21 made to the City of Roanoke by the Commonwealth of Virginia Department of Youth and Family Services; and authorizing acceptance, execution and filing of the "Special Conditions for Delinquency Prevention and Youth Development Act Grant Awards" with the Department of Youth and Family Services for the purpose of continuing coordinated planning and youth services program implementation by the City's Office on Youth until June 30, 1994. Resolution No. 31625-080993 was adopted by the Council of the City of Roanoke at a ~egular meeting held on Monday, August 9, 1993. Sinceroly, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eric. pc: Charles J. Kehoe, Director, Commonwealth of Vil~ginla Department of Youth and Family Services, P. O. Box 3-AG, Richmond, Virginia 23208-1108 Wilburn C. Dibling, Jr., City Attorney James D. Griseo, Acting Diroctor of Finance Glenn D. Radcliffe, Director, Human Development Marion V. Crenshaw, Youth Planner Barry L. Key, MAnR~er, Office of Management and Budget Marie T. Pontius, Grants Monitoring Administrator IN THE COUNCIL OF THE CITY OF The 9th day of August, 1993. No. 31625-080993. ROANOKE, VIRGINIA, A RESOLUTION authorizing the acceptance of a Delinquency Prevention and Youth Development Act Grant made to the City of Roanoke by the Commonwealth of Virginia Department of Youth and Family Services, and authorizing the acceptance, execution and filing of the "Special Conditions for Delinquency Prevention and Youth Development Act Grant Awards" with the Department of Youth and Family Services for this grant. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby accepts the offer made by the Virginia Department of Youth and Family Services of a Youth Development Act Grant (Grant No. 93-I-21) for the purpose of continuing coordinated planning and youth services program implementation by the City's Office on Youth until June 30, 1994, in an amount and subject to such terms as are described in the report to Council from the City Manager dated August 9, 1993. 2. The City Manager, W. Robert Herbert, or the Assistant City Manager, is hereby authorized to accept, execute and file on behalf of the City of Roanoke the "Special Conditions for Delinquency Prevention and Youth Development Act Grant Awards" with the Department of Youth and Family Services, and to furnish such additional information as may be required by the Department aforementioned grant. of Youth and Family Services, for the ATTEST: City Clerk. MARY F. PARKER City Clerk, CMC/AAE 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 August 11, 1993 File #60-236-304 James D. Grisso Acting Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 31624-080993 amending and reordalning certain sections of the 1993-94 General and Grant Fund Appropriations, providing for appropriation of $51,254.00, in connection with acceptance of a Virginia Delinquency Prevention and Youth Development Act grant frem the Virginia Department of Youth and Family Services. Ordinance No. 31624-080993 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 9, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. pc: W. Robert Herbert, City Manager Glenn D. Radcliffe, Director, Human Development Marion V. Crenshaw, Youth Planner Barry L. Key, Manager, Office of Management and Budget Marie T. Pontius, Grants Monitoring Administrator IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 9th day of August, 1993. No. 31624-080993. AN ORDINANCE to amend and reordain certain sections of the 1993-94 General and 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 1993-94 General and Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: 9eneralFun~ Nondepartmental $ 46,290,435 Contingency - General Fund (1) .................... ( 89,220) Transfers to Other Funds (2) ...................... 45,564,323 Health and Welfare Youth Services Grant FY94 Revenue Health and Welfare Youth Services Grant FY94 (3-14) ................... (15-16) .................. $ 1,814,275 51,254 1,814,275 51,254 1) Contingency 2) Transfer to Grant Fund (001-002-9410-2199) $(1,535) (001-004-9310-9535) 1,535 3) Regular Employee Salaries 4) ICMA RC Retirement 5) FICA 6) Hospitalization Insurance 7) Dental Insurance 8} Life Insurance 9) Salary Supplement 10) Training and Development 11) Administrative Supplies 12) Telephone 13) Management Services 14) Special Projects 15) State Grant Revenue 16) Local Match (035-054-8831-1002) (035-054-8831-1115) (035-054-8831-1120) (035-054-8831-1125 (035-054-8831-1126 (035-054-8831-1130 (035-054-8831-1050 (035-054-8831-2044 (035-054-8831-2030 (035-054-8831-2020 (035-054-8831-7015) (035-054-8831-2034) (035-035-1234-7143) (035-035-1234-7144) $ 35,978 3,319 2,935 2,220 96 351 9OO 843 852 1,600 1,150 1,010 37,919 13,335 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: city Clerk. Roanoke, Virginia .... The Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Continuation of Office on Youth Grant I. Back,round: A. Grant first officially awarded to city under Virginia Delinquency Prevention and Youth Act on June 17, 1980. B. FY 93-94 youth arant application was submitted to the Department of Youth and Family Services in May, 1993. C. Grant will provide for continuation of coordinated planning and program implementation of the office on Youth. D. FY 93-94 qrant budget is as follows: Budget State Local Cash Cateaor¥ Funds Match In-Kind TOTAL Personnel 36,073.50 8,825.87 -0- 44,899.37 Training & Development 1,243.25 500.00 -0- 1,743.25 Supplies/ Oper. Exp. 602.25 4,010.00 3,750.00 8.362.25 TOTAL 37,919.00 13~335.87 3,750.00 $55;004.87 Local cash match was included in the FY 93-94 Human Development budget ($11,800) with any additional funding necessary to be identified at the time of Council approval of the grant. In-kind match of $3,750.00 is available through the use of office space rental and computer usage from Grants Compliance office. G. Local match, cash/in-kind must equal a minimum of 25% of the total budget request. Members of Council Page 2 August 9, 1993 II. Current Situation: Council acceptance of the state grant award and appropriation of the local cash match are required before the appropriate City officials can execute the required documents to receive the state funds. III. Issues: A. Cost. B. Continuity. C. Staff. IV. Alternatives: ae Authorize the City ManaGer or his designee to execute the appropriate document to accept the state grant. Cost (local) of Office on Youth in FY 93-94 is $17,085.87 of which $11,800.00 has been appropriated in the FY 93-94 budget. Additional cash match of $935.87 is available in the Contingency Reserve Account. In-kind match of $3,750.00 is through the use of office space and usage of computer equipment from office of Grants Compliance. 2. Continuity of program would be maintained. Staff, consisting of Youth Services Planner, will continue under the direction of the Director of Human Development. Do not authorize the City Manaqer to accept the state grant. 1. Cost would not be an issue at this time. 2. Continuity would be questionable. Staff, consisting of Youth Services Planner and the services provided, would be contingent upon the availability of another funding source. Members of Council Page 3 August 9, 1993 V. Recommendation: It is recommended that City Council adopt Alternative A which will authorize the following: Be Ce Acceptance of the Department of Youth Services Grant through the execution of the proper form by the City Manager or his designee. Appropriate $51.254.87 to account to be established in the Grant Fund by the Acting Director of Finance for the program ($37,919.00 will be funded by the Department of Youth and Family Services). In-kind match does not require an appropriation. Transfer of $11,800 from account no. 001-004-9310-9535 in the Human Development budget and $1,535.87 from the Contingency Reserve Account to the Grant Fund as part of the City's cash match to operate the program for FY 93-94 to the grant fund. Respectfully submitted, W. Robert Herbert City Manager WR /MVC/mm cc: City Attorney Director of Finance Director of Human Development Youth Planner Charles J. Kehoe DIRECTOR June 16, 1993 RECEIVED COMMONWEALTH of VIRQiNIA Department of Youth & Family Services JUN ~? 1~95 CITY OF ROANOKE OFFICE ON YOUTH 7(X) Centre, 4th Floor 7th and Franklin Streets P. O. Box 3 AG Richmond, Virginia 23~1108 (804) 371-0700 Fax (804) 371-0773 Voice.~rDD (804) 371-0772 Mr. W. Robert ~rbert city Manager Roanoke City 215 Church Avenue~ S.W., Room 364 Roanoke, VA 24011 RE: The Virginia Delinquency Prevention and Youth Development Act Grant Number: 93-I-21 Dear Mr. Herbert: The above-named Virginia Delinquency Prevention and Youth Development Act grant application has been approved in the amount of $ 37,919.00 Act funds, $ 17,085.87 local match, $ 55,004.87 total program. Attached you will find a Statement of Grant Award and a copy of a form entitled SPECIAL CONDITIONS FOR DELINQUENCY PREVENTION AND YOUTH DEVELOPMENT ACT GRANT AWARDS. The original of this form should be signed and returned to Mr. John E. Moore, Deputy Director for Programs, Department of Youth and Family Services. This signed form is our official notice that you accept the award and the conditions of award. Before any funds are disbursed to the grantee under this award, the grantee must agree to comply with all conditions attached to this award as found in the SPECIAL CONDITIONS FOR DELINQUENCY pREVENTION AND YOUTH DEVELOPMENT ACT GRANT AWARDS. The award of FY 1993-94 Act funds reflects a 3% cost-of-living allowance (COLA) appropriated by the 1993 Virginia General Assembly effective December 1, 1993. This COLA will be reflected in 3rd and 4th quarter payments to participating localities. Thank you for your cooperation and interest in this matter. ~Sincerely, Charles J. KehOe Director Attachment John E. Moore Glenn D. Radcliffe Marion V. Crenshaw Charlotte R. Sheppard William Leaman 'To Reduce Juveni~le Delinquency and Protect the People of the Commonwealth' COMMONWEALTH OF VIRGINIA D~PA~T~ENT OF YO[]TH & FAMILY SERVICES O. BOX 1110, RICHMOND, VIRGINIA 23208-1110 STATEMENT OF GRANT AWARD VIRGINIA DELINQUENCY PREVENTION AND YOUTH DEVELOPMENT ACT PURSUANT TO THE AUTHORITY OF THE DELINQUENCY PREVENTION GRANT NUMBER; AND YOUTH 'DEVELOPMENT ACT, SECTIONS 66-26 THROUGH 66-35 93-I-21 OF THE CODE OF VIRGINIA THE DIRECTOR OF THE DEPARTMENT OF YOu~kH & FAMILY SERVICES HAS APPROVED THE GRANT AS INDICATED: DATE APPROVED; June 16, 1993 TITLE OF PROJECT: Roanoke Youth Services citizen Board/Office on Youth GRANTEE: city of Roanoke, VA GI~%NT PERIOD: TOTAL LENGTH: 12 Months FROM: July 1, 1993 THROUGH: June 30, 1994 PAYMENT PROCEDURE: Quarterly 1st & 2nd $9,333 3rd $9,627 and 4th $9,626 OFFICE ON YOUTH DIRECTOR: Mrs. Marion Crenshaw, Youth Planner Roanoke Youth Services citizens Board 215 Church Avenue, S.W. Room 355, Municipal Building Roanoke, VA 24011 (703) 981-2349 FINANCE OFFICER: Mr. Jesse A. Hall Administrator of city Accounting Services City of Roanoke 215 Church Avenue, S.W. Roanoke, VA 24011 (703) 981-2823 DETAIL BUDGET AWARD BUDGET -DY&FS- -G~ANTEE- -TOTAL- CATEGORY STATE FUNDS LOCAL MATCH CASH IN-KIND PERSONNEL $ 36,073.50 $ 8,825.87 $ -0- $ 44,899.37 CONSULTANT -0- -0- -0- -0- TRAVEL 1,243.25 500.00 -0- 1,743.25 EQUIPMENT 0- - 0- - 0- - 0- O~{ER EXPENSES 60~. 25 4,010.00 3,750.00 8,362.25 TOTAL AND/MATCH $ 37,919.00 $ 13,335.87 $ 3,750.00 $ 55,004.87 THIS GRANT IS SUBJECT TO THE MINIMUM STANDARDS AND THE RULES AND REGU- LATIONS FOR THE DELINQUENCY PREVENTION AND YOUTH DEVELOPMENT ACT. THIS GRANT IS S~]~JECT TO AND CONDITIONED UPON ACCEPTANCE OF SPECIAL CONDITIONS ATTACHED HERETO. DATE: June 16, 1993 SIGNATURE OF AUTHORIZED OFFICIAL Charles J. Kehoe DIRECTOR COMMONWEALTH VIRQINlrA Department of Youth & Family Services 700 Centre, 4th Floor 7th and Franklin Streets P. O. Box 3 AG Richmond, Virginia 232(~.110~ (804) 3~.-0700 Fax (804) 371-0773 Voice/TDD (804) 37'1-0772 SPECIAL CONDITIONS FOR DELINQUENCY pREVENTION AND YOUTH DEVELOPMENT ACT GRANT AWARDS SPECIAL CONDITIONS FOR GRANT AWARD # 93-I-21 THE DIRECTOR OF THE DEPARTMENT OF YOUTH & FAMILY SERVICES, THROUGH THE DEPARTMENT OF YOUTH & FAMILY SERVICES, HEREINAFTER REFERRED TO AS THE DEPARTMENT, DOES HEREBY AWARD TO CITY OF ROANOKE, VA. HEREINAFTER REFERRED TO AS THE GRANTEE, FROM THE DELINQUENCY PREVENTION AND YOUTH DEVELOPMENT ACT APPROPRIATION AN AMOUNT OF $ 37,919.00. THE GRANTEE HEREBY AGREES TO PROVIDE AN AMOUNT OF $ 17.085.87 AS THE MATCHING SHARE REQUIRED BY THE DELINQUENCY PREVENTION AND YOUTH DEVELOPMENT ACT, HEREINAFTER REFERRED TO AS THE ACT. THE TOTAL PROGRAM AWARD THEREBY BEING THE SUM OF $ 55,004.87. THE FOLLOWING CONDITIONS ARE ATTACHED TO AND MADE A PART OF THIS GRANT AWARD: The Grantee will comply with the terms of the Grantee's application, its attachments and amendments thereto, and will not deviate therefrom without the prior approval of the Department. The Act funds awarded are subject to adjustment prior to the disbursement of funds by the Department; in no event shall the amount disbursed exceed the Act funds awarded. The Grantee will comply with the provisions of the Act and the rules and regulations prescribed by the Commonwealth of Virginia, under the Act. The Grantee shall establish and maintain fiscal controls and accounting procedure which shall assure that the total program funds (Act and matching share) are. a. properly expended b. adequately controlled c. adequately accounted for d. separately identified The Grantee shall establish and maintain accounting procedures which provide for an accurate and timely recording: a. total of grant funds (Act and matching share) 'To Reduce Juvenile Delinquency and Protect the People of the Commonwealth' 7e The a. b. o. Page 2 of 4 of expenditures from such funds of unexpended balances Grantee shall establish controls which ensure: de that expenditures charged to grant activities are for allowable purposes. that documentation is readily available to verify that such charges are accurate. that time and attendance records of personnel engaged in this program are maintained. that equipment purchased with grant funds shall be registered on inventory cards and properly labeled in a manner which will identify such equipment as being purchased with funds from this grant. Where the allowability of an expenditure cannot be determined because records or documentation are inadequate, the questionable cost will be disallowed. The Grantee shall reimburse the State for the amount of any disallowed items. The Grantee shall make all records and accounts documenting the disbursement, utilization, administration and management of total program (Act and matching share) funds approved in this grant accessible to all authorized State personnel and such persons as may be designated by the Department. The Grantee shall submit to the Department, on forms prescribed, accurate, timely and complete financial and narrative reports; the Grantee shall submit such other reports as may be reasonably required by the Department. The responsibility for complying with reporting requirements shall not be transferred by the Grantee to any other party. No Act funds shall be expended for: a. any expenses other than those necessarily incurred in the performance of this grant program; b. the purchase of real property; c. new construction; d. costs incurred before the effective date of the grant, unless incurred with the prior authorization of the Department; e. the payment of any salary or compensation to a federal employee; f. payment of any consultant fee, or honorarium, to any offioer of employee of the Department or of any State, municipality or local agency for services normally paid for by such employee's regular salary, wage and overtime compensation. This does not preclude payment of overtime compensation to such officers and employees consistent with the established personnel policies of the employing agency; and g. the payment of portions of any salaries in excess of the proportion of actual time spent in carrying out the grant program. Page 3 of 4 10. Any news releases, statement or publicity concerning this grant in which there is a reference to the source of the funds shall indicate that the grant was made to the Grantee by the Virginia Department of Youth and Family Services from Delinquency Prevention and Youth Development Act Funds. 11. No material produced in whole or in part under this grant shall be the subject of an application for copyright in the United States or in any country. The Department shall retain a royalty-free non-exclusive and irrevocable license to publish and use the materials and to authorize others to do so. 12. The Grantee shall commence performance of the program provided for in the grant on the 1st day of Jul_q_ll~, and shall complete performance no later than the 30th day of June. 1994. 13. The Grantee will indemnify, reimburse, hold and save the Commonwealth of Virginia and the Department harmless from all charges, damages, costs, or other liability that the Department may be required to pay or otherwise incur by reason of any agreement between the Department and the Grantee, or by reason of any person, firm, or corporation being injured or damaged in any way in person or property, or in the event of a final judgment or decree being obtained against the Department, either independently or jointly with the Grantee then in that event the Grantee will pay such judgment or comply with decree with all costs and hold the Commonwealth of Virginia and the Department harmless therefrom. This provision shall apply only in those instances where the Grantee would not be entitled to the defense of sovereign immunity were the charges, damages, costs or other liability sought directly from the Grantee, or in instances where the debt limitations imposed by Article VII, Section 10 of the Virginia Constitution would not be violated. Any applicable statutory procedures for the presentation of claims to the governing body of the Grantee and any other applicable legal provisions shall continue to apply. 14. Ail purchases of equipment or contractual services made with funds from this grant award shall be in compliance with local rules and regulations governing such purchases, which are based on competitive principles. 15. There shall be submitted to the Department a signed statement certifying that all applicable Act regulations, State laws, and local purchasing regulations have been complied with. 16. Grantee agrees to provide documentation for a statewide evaluation, the criteria of which shall be jointly developed by Grantees and the Department of Youth and Family Services. Page 4 of 4 ADDITIONAL SPECIAL CONDITIONS The Grantee is hereby informed that failure to comply with any of the above conditions, any of the provisions of the Act or any of the rules and regulations promulgated thereunder shall constitute grounds upon which the tment ma terminate this grant, discontinue fund payments; and_~e.qui~ Depar Y .... ~=-~- ~ .... -otice to each par~lclpa~l! ' ursement of fund paymen=s azuer un~ux ~z~" reimS. ......... ~--rin- has been conducted on th~ matter by the c~un=y an~ Cl=V an~ a~u~r ~ ~ ~ . Director of t~ Department of Youth and Family Services or his designee. The undersigned, having received the Notice of Grant Award and the conditiol attached thereto, does hereby accept this grant and agree to the conditions pertaining thereto, this day of 19 Signature Title MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room ~.56 Roanoke, Vir~nia 2AO11 Telephone: (703) 981-2541 SANDRA H. EAICIN Deputy City Clerk August 11, 1993 File #258-72 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31626-080993 authorizing execution of a Memorandum of Understanding with the Virginia Cooperative Extension pertaining to the departmental structure, administrative program and financial arrangement between the Virginia Cooperative Extension and the City. Resolution No. 31626- 080993 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 9, 1993. Sincerely, Mary F. Parker, C City Clerk MFP: sm Ene o po: Charlotte Kidd, Extension Agent, Virginia Cooperative Extension, 2728 Colonial Avenue, S. W., Roanoke, Virginia 24015-9989 Wflburn C. Dibllng, Jr., City Attorney James D. Grisso, Acting Director of Finance Glenn D. Radcliffe, Director, Human Development IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of August, 1993. No. 31626-080993. A RESOLUTION authorizing Understanding with Virginia pertaining to the departmental and financial the execution of a Cooperative Extension structure, administrative arrangement between the VCE and the City. Memorandum of ( "VCE" ) program BE IT RESOLVED by the Council of the City of Roanoke that the City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite Memorandum of Understanding with the VCE pertaining to the departmental structure, administrative program, and financial arrangement between the VCE and the City, as requested and described in the City Manager's report to Council dated August 9, 1993, such Memorandum of Understanding to be approved as to form by the City Attorney. ATTEST: City Clerk. C:IT¥,' ~ Auu~'g st 9, 1993 }~3 '~l!I~ -3 ~'~,t "'~ Honorable Mayor David Bowers and Members of City Counc ..... Roanoke, Virginia Members of Council: SUBJECT: Memorandum of Understanding between the City of Roanoke and Virginia Cooperative Extension Ao Vir~nia Cooperative Extension is a state agency which functions through departments on the campuses of Virginia Tech and Vir~nia State University and through four district offices and 107 unit offices in counties and cities across the Commonwealth. Unit and district offices are considered departments of Virginia Polytechnic Institute and State University and are operated in partnership with the state, local, and federal governments. Memoranda of Understanding are doo~ments which d~z'ribe the reqponMbilities of Virginia Cooperative Extension and its partners. Although not legally binding, the MOUs serve to guide all parmers in the delivery of VCE programs. MOUs are presently in effect for nearly all local governments and for many state and private agencies. MOUs periodically become outdated and need revision. C. Some cheracteristics of the Cooperative Extension system are: 1. II4xro_vJl~ practical, problem-oriented education for people of all ages. 2. Y_92mllllp,,rMa~t multiply the impact of the Extension professional staff. 3. It dispenses no fun&s to the public. It is not a regulatory, agency, but it does inform people of regulations and of their options in meeting them. The Extension staff educates people through personal contacts. programs, and mass media. 2 Extension has the built-in flexibility to adjust its programs and subject matter to meet the needs of the locality from year to year. An Extension Leadership Council works with this process. The City Council first approved funding support for one Extension Agent. who worked out of the Roanoke County Unit in 1970. In 1973 a City Unit was opened. Funding was from the general fund account, then through the Human Resource Committee and later moved under the Budget of the Director of Human Development. The Unit Director is administratively responsible to this Director and reports to him on a monthly basis. Annually, the City Unit submits a budget to the City of Roanoke through the Director of Human Development. A. Presently. the Unit Staff is compo~d of the following positions: 1. Three Professional Positions: Extension Agent, Agriculture Extension Agent, 4-H Youth Extension Agent, Home Economics and Unit Director 2. Four Paraprofessional Positions: 3 Extension Technicians, Adult Expanded Food and Nutrition Education Program (Federally Funded) 1 Extension Technician, 4-H Expanded Food and Nutrition Education Program (Federally Funded) III. Ao The Unit Staff is requesting that the City officially si_an a memorandum of understanding with Vir~nia Cooperative Extension. This does not alter the present budget requests. Also this document may be cancelled as stated. The purpose of the memorandum of understanding is to set forth a mutually agreed on departmental structure and administrative program and financial arrangement between the VCE and the City of Roanoke. Authorize the City Manager to sign this agreement of continued cooperation - called a Memorandum of Undemtanding. If not authorized, the City Unit Staffcan continue to function through the local funding and report to the Director of Hnman Development. A. It is recommended that City Council allow the City Manager to sign the memorandum of understanding with Virginia Cooperative Extension. City of Respectfully submitted, ri Herbert City Manager Attachment Acting Director of Finance City Attorney Director of Human Development Unit Director, VCE Memorandum of Understanding between Virginia Cooperative Extension (Virginia Polytechnic institute and State University and Virginia State University) and the City of Roanoke, Virginia I. Purpose of Memorandum The purpose of the memorandum of understanding is to establish a mutual agreement between Virginia Cooperative Extension (hereafter referred to as VCE) and the City of Roanoke related to Extension's departmental structure, administration, programs, personnel, and financial arrangement. I1. Department Structure The Extension program in the City of Roanoke shall be conducted within a department known as the "Department of Extension and Continuing Education" or office known as '¥irginia Cooperative Extension." Other city programs may be added to the department if they are consistent with the VCE mission and if mutually agreed upon by VCE and the City of Roanoke. III. Administrative Responsibility All Extension personnel will report administratively to the Associate Director of VCE through the Unit and District Extension Director. A Unit Director for the unit office will be appointed by the Director of VCE or the director's designee. The Unit Director shall be responsible to the Distdct Director and shall also be responsible to the local government for those responsibilities assigned to him/her as Unit Director for city coordinative purposes. The local government may appoint a Department Director in accordance with the provisions of city policies and the laws of the Commonwealth of Virginia. The appointment of an Extension Agent to fulfill this responsibility must have the concurrence of the Director of VCE. IV. Program Responsibility Programs will be developed in accordance with the VCE process of program development which involves citizens/residents in the determination and implementation of programs that will address their needs. Supervision of the total program will be under VCE with the expectation that there be close program coordination and collaboration with local government, and other key agencies and organizations. VCE plans to implement specialization of staff and area programming by January 1995. Specialization is the process of acquiring indepth knowledge and skills to lead a designated program specialty. Area programming is programming across geographical areas, usually a planning district, with the intent to deliver better programs. VCE encourages the city to evaluate the implementation of area programming and make input to the Unit and District Director. It is mutually agreed upon by both parties that all effort will be to support this new approach to Extension programming in Virginia. V. Personnel There may be two types of staff employees within Extension Unit, i.e., employees of VCE and employees of the city assigned to VCE. VCE employees are those payrolled by VCE and may be funded 100 pement by VCE, funded 100 pement by the city, or funded jointly by VCE and the city. These employees will be employed through the procedures prescribed by the Commonwealth of Virginia and the Virginia Tech EEO/Affirmative Action Program. Employees payrolled by the city and assigned to VCE will be employed in accordance with the local government's established hidng procedures. Extension agents are faculty of the University and subject to the guidelines of the Faculty Handbook. VCE employees who are members of the State of Virginia Personnel Classification System are subject to system guidelines, including salades and fdnge benefits. Wage employees payrolled by VCE are subject to the applicable state and university guidelines. The title of Extension Agent is reserved for the employees of VCE. No city employee can assume the title of Extension Agent. VCE is not liable for actions of city employees and the city is not liable for actions of VCE employees. VI. Financial Arrangement VCE will annually submit a formal budget request for city funds to support the Extension program. The guidelines for the budget are: Extension Agents, jointly funded by VCE and the city, will be paid a minimum of 33-1/3 pement of their base (total less local government and unit director's supplement) salary by the city. Prior to 1991 Extension Agents were on the State Of Virginia Personnel Classification System and Extension Agents at the top of the classified salary scale could receive a salary supplement from the local government. In 1991 Extension Agents were changed to the Faculty System. The University guidelines for faculty salary adjustments does not permit supplements by local governments for Extension Agents, but supplements awarded prior to 1991 are retained. The city is responsible for 100 pement of existing supplements. Salary adjustments for faculty members, including Extension Agents, are based on an annual evaluation. The local government is encouraged to provide input to the Extension Agents' evaluations. The city is responsible for the approved salary increase on the city portion of the base salary and for 100 pement of the adjustment to the supplement portion. The adjustment to the supplement must be equal to the percentage of the annual salary adjustment administered by the University, VCE will payroll all Extension state employees and will bill the city for the Iocality's portion of salaries. The billing method, monthly or quarterly, should be specified in the Local Extension Budget Exhibit. Local governments will not provide any direct payments to these employees. Any employee payrolled by city and assigned to the Extension Office will receive 100 percent of their sal~. 'esNvages from the city. Roanoke City will pay state fringe benefits on the city portion of salaries. VCE will pay fringe benefits on the state portion of salaries. The pementage of fringe benefits to be applied to salary costs will be requested in the local budget document. The city is responsible for paying and administering fringe benefits according to city policy for city employees assigned to VCE. VCE agrees to provide specialist assistance, secretarial support, office equipment, office furniture, publications, travel funds, office supplies, and postage budget. The city agrees to pay local telephone costs. The city agrees to pay rant or provide office space used by the Extension Program in the City of Roanoke. if space is rented, the space specification, location and rental cost must be acceptable and approved by the City. Space leased by VCE will be procured pursuant to the Department of General Services Directive I, and leases will be executed by authorized official of the Commonwealth as lessee. VII. Subject to Appropriation Both parties agree that ali terms of the Memorandum are subject to appropriation. If either the state or the city fails to appropriate the required funds, this Memorandum shall be null and void. VIII. Amendment This memorandum may be amended upon consent of both parties. However, before the memorandum can be terminated by either party, a three-month notice must be given in writing to the appropriate party. IX. Signatures The following representatives of VCE and the City of Roanoke agrae to the above. Interim District Director, VCE Date City Manager Date Interim Director, VCE Date Attested to by the City Clerk Date Unit Director, VCE Date MARY F, PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk August 11, 1993 File #2-30-405-514-121-123 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 31627-080993 providing for acquisition of real estate needed by the City for construction of the Roanoke City Jail Annex Project; setting a certain limit on the consideration to be offered by the City; providing for the City's acquisition of such real estate by condemnation, under certain circumstances; and authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project. Ordinance No. 31627-080993 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 9, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Ene. pc: The Honorable W. Alvin Hudson, City Sheriff l~Liler, Morgan and Rothgeb, c/o Thomas J. Hall, Attorney, Woods, Rogers and Hazlegrove, p. O. Box 14125, Roanoke, Virginia 24038-4125 Noream Land Trust, e/o Richard Kurshan, Attorney, 1414 Third Street, S. W., Roanoke, Virginia 24016 Wflburn C. Dibling, Jr., City Attorney James D. Grisso, Acting Director of Finance William F. Clark, Director, Public Works Charles M. Huffine, City Engineer Richard V. Hamilton, Real Estate Agent Kit B. Kiser, Director, Utilities and Operations IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of August, 1993. No. 31627-080993. AN ORDINANCE providing for the acquisition of real estate needed by the City for the construction of the Roanoke City Jail Annex Project; setting a certain limit on the consideration to be offered by the City; providing for the City's acquisition of such real estate by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; an~ providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. For the Roanoke City Jail Annex Project, the City wants and needs fee simple title to two parcels of real estate, as more specifically set forth in the report and attachments thereto of the City Manager to this Council dated August 9, 1993, on file in the Office of the City Clerk. The proper City officials are authorized to acquire for the City from the respective owners the fee simple title to the parcels, for such consideration as the City Manager may deem appropriate, subject to the limitation set out below and subject to applicable statutory guidelines. 2. The total consideration offered or expended for the parcels shall not exceed $880,550.00 without further authorization of Council. Upon the acceptance of any offer and upon delivery to the City of a deed, approved as to form and execution by the City Attorney, the Director of Finance is directed to pay the respective consideration to the owners of the interest conveyed, the City Attorney to be entitled to the same. certified by 3. Should the City be unable to agree with the owner of the parcels to be acquired in fee simple or should any owner be a person under a disability and lacking capacity to convey real estate or should the whereabouts of the owner be unknown, the City Attorney is authorized and directed to institute condemnation or legal proceedings to acquire for the City the appropriate real estate. 4. the City In instituting or conducting any condemnation proceeding, Attorney is authorized to make motion on behalf of the City for entry of an order, pursuant to S25-46.8, Code of Virginia (1950), as amended, granting to the City a right of entry for the purpose of commencing the project. The Director of Finance, upon request of the City Attorney, shall be authorized and directed to drawn and pay into court the sums offered to the respective owners. 5. In order to provide for the usual daily operation of the municipal government, ordinance shall be in an emergency is deemed to exist, and this full force and effect upon lts passage. ATTEST: City Clerk. RoanOke, Virginia August 9, 1993 '93 "" Honorable Mayor and Members of City Council Roanoke, Virginia SUBJECT: ROANOKE CITY JAIL ANNEX Dear Members of City Council: I. Backqround: ae City Council approved a resolution on March 3, 1993 supporting the Roanoke City Jail Annex Project and approved the issuance of bonds on March 22, 1993 to fund the project. II. Current Situation: ae The City of Roanoke, Virginia retained Hayes, Seay, Mattern and Mattern, Inc. (HSMM) to study the feasibility of converting the existing adjacent Data Safe Storage Building and the Miller/Morgan Office Building into a Jail Annex facility. This property located on Campbell Avenue is immediately west of the Roanoke City Jail. HSMM has concluded that this approach is feasible. The Data Safe Buildinq and the Miller/Morqan Buildinq are contiguous to one-another and are separated from the Roanoke City Jail by an alley. HSMM has been advised by City representatives that the alley is seldom used and may be closed with "in-fill" construction. The Data Safe Buildinq, owned by Norcam Land Trust and identified by Offical Tax No. 1011310, Lots 22, 23, and 24, W. W. Coe Map, is a two-story brick structure containing approximately 23,100 square feet. The City and the owner of the Data Safe building have each obtained independent real estate appraisals of the property and have exchanged them. Data Safe has had two (2) independent moving companies provide moving expense estimates to them and has shared them with the City. Negotiations over a total real estate and moving expense payment have taken place, Honorable Mayor and Members of City Council ROANOKE CITY JAIL A~NNEX Page 2 August 9, 1993 and the City staff has made a final offer of a total of $600,000.00 for real estate and moving expenses to Norcam Land Trust. The Miller/Morgan Butldinq, owned by Miller, Morgan & Rothgeb and identified by Official Tax No. 1011309, Lots 25, 26, Portion 27, W. W. Co· Map, is physically contiguous to the west of the Data Safe Building. This building was built in the late 1960s. It contains 8,200 square feet on two floors. The first floor is currently un-occupied. Although the building was designed to be a three-story structure, only two floor levels were built. An elevator hoistway and elevator equipment room were constructed, but the elevator cab was never installed. The City and the owners of the Miller/Morgan building have each obtained independent real estate appraisals of the property and have exchanged them. Negotiations over the payment for the real estate have taken place, and the City staff has made a final offer of $255~000.00 for the real estate to the owners of the property. Anticipated total cost, including all ex- penses, is not expected to exceed $880~550.00. The Data Safe Buildinq is currently a storage warehouse facility with a finish first floor elevation of 105. The finish first floor elevation of the Jail is 100 and the finish first floor elevation of the Miller/Morgan Building is 109. Selective demolition of elements of the Data Safe and Miller/Morgan Buildings will be required. Limited excavation within the existing alley will be required in order to match the existing finish floor elevation of the existing Jail facility and transition up to the Data Safe Building first floor level. Existing underground utilities encountered in the alley will have to be removed and rerouted. Re-grading of the site at the south end will also be required to accommodate the addition behind the Miller/Morgan Building and the building entrance. Honorable Mayor and Members of City Council ROANOKE CITY JAIL ANNEX Page 3 August 9, 1993 Fundinq for the acquisition of these structures was authorized by City Council by Ordinance Number 31376-032293. Funding is available in account number 008-052-9685-9001, City Jail Expansion. III. Issues: A. Need B. Timinq C. Environmental Concerns IV. Alternatives: City Council authorize the acquisition of the Data Safe Building, 330 Campbell Avenue, S.W., Official Tax No. 1011310 and the Miller/Morgan Building, 340 Campbell Avenue, S.W., Official Tax No. 1011309 by negotiation with the owners at a total cost not to exceed $880,550.00 or by exercise of the City's right of eminent domain. Legal documentation to be prepared by the City Attorney. 1. Need for additional Jail space is met. Timinq to proceed quickly to meet deadlines that have or may be imposed is met. Environmental Concerns are being met by ongoing environmental audit and asbestos inspection now in process. City Council not authorize the Data Safe and Miller/Morgan purpose of expanding the Jail. acquisition of the Buildings for the 1. Need for additional jail space is not met. Timinq to proceed quickly to meet deadlines is not met. 3. Environmental Concerns are moot. Honorable Mayor and Members of City Council ROANOKE CITY JAIL ANNEX Page 4 August 9, 1993 We Recommendation: City Council authorize the acquisition of the Data Safe and Miller/Morgan Buildings in accordance with Alternative "A", with acquisition to actually take place after the Commonwealth of Virginia has approved the project planning study for the project. Respectfully submitted, W. Robert Herbert City Manager WRH/RVH/kp Attachment cc: City Attorney Director of Finance Director of Utilities and Operations Director of Public Works City Sheriff City Engineer ~ LL~// FIRST FLOOR PLAN - OVERALL · RO.I~OKE ClT~ JAIL ANNE) MARY F. City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk August 11, 1993 File #32-178-200-236-511 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 31628-080993 endorsing the emergency demolition of unsafe structures located at 217-227 First Street, IV. IV.; awarding a contract with Alan L. Amos, Inc., in the amount of $20,160.00; and authorizing the p~oper City officials to execute the ~equisite contract for such work. Ordinance No. 31628-080993 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 9, 1993. Sincerely, Ma~y-F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc: Alan L. Amos, President, Alan L. Amos, Inc., 1734 llth Street, N. E., Roanoke, Virginia 24012 Neva H. Smith, Executive Director, City of Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N. IV., Roanoke, Virginia 24017 IVilburn C. Dibling, Jr., City Attorney James D. Grisso, Acting Director of Finance IVilliam F. Clark, Director, Public IVorks Ronald H. Miller, Building Commissioner H. Daniel Pollock, Jr., Housing Development Coordinator Marie T. Pontius, G~ants Monitoring Administrator IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of August, 1993. No. 31628-080993. AN ORDINANCE endorsing the emergency demolition of unsafe Structures located at 217-227 First Street, N.W.; awarding a contract with Alan L. Amos, Inc., for the demolition and removal of said unsafe structures; authorizing the proper City officials to execute the requisite contract for such work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. This Council endorses the emergency demolition of the unsafe structures located at 217-227 First Street, N.W., and awards a contract with Alan L. Amos, Inc., in the total amount of $20,160.00, for the demolition and removal of said unsafe Structures, as more particularly set forth in the August 9, 1993 report of the City Manager to this Council. 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized for and on behalf of the City to execute and attest, respectively, the requisite contract with Alan L. Amos, Inc., said contract to be in form approved by the City Attorney. 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. '93 ,;I.,Pa-'5 ~t 9, 1993 Honorable Mayor and Members of Council Roanoke, Virginia Dear Members of Council: Subject: Contract for Demolition of Unsafe Building I. Backqround ao A buildinq of five storefronts at 217-227 First Street NW (Henry Street at Wells Avenue) was found by the Building Department to be in very dangerous condition. Specifically, a portion of the front wall fronting on First Street was bowing out 8 to 12 inches toward the sidewalk and the street. Closer examination of the interior by Building Inspectors and a private structural engineer revealed extensive structural decay throughout the building. The buildinq had been bouqht by the Roanoke Redevelopment and Housinq Authority several years ago at the City's request, using CDBG funds. City Administration advised the RRHA, the Henry Street Committee, the "Gainsboro Coalition", and other parties of the condition of the building and its likely demolition. II. Current Situation City Council was advised by letter of July 19, regarding the circumstances of the building. Due to the hazard to the public of the possible collapse of the building, the Building Department proceeded to arrange for its demolition in late July. Bids from three demolition contractors were solicited, with the low bid of $20,160.00 received from Alan L. Amos, Inc. Demolition Contractor. Do The Building Department authorized Amos to proceed with the demolition on an emergency basis under authority of Section 105.7 of Uniform Statewide Building Code, Volume II. August 9, 1993 Page 2 III. Issues A. Public Safety B. Leqal Requirements C. Cost to the City IV. Alternatives ao Endorse execution of the contract with Alan L. Amos, Inc. for $20,160.00 for the demolition of 217-227 First Street NW as an emergency. Public safety has been protected by the expeditious removal of an imminent hazard to life and property, which could have subjected the City and/or the Redevelopment and Housing Authority to legal liability. 2 o City Charter, section 41, requires a written contract with Council authorization prior to payment for this work. Cost to the City directly for the demolition would be $20,160.00, which is available in CDBG funds in the demolition account, 035-092-9220-5108. Bo Do not endorse the contract with Alan L. Amos, Inc. for the demolition of 217-227 First Street NW. Public safety still will have been accomplished in this particular instance, as the building has been demolished. However, the ability of the City to proceed expeditiously on similar cases will be compromised. 2 ° Leqal requirements of City Charter would not be met. Amos might proceed against the City for the costs of the work undertaken in good faith. Cost to the City would depend on the recourse of the contractor to recover the costs of the demolition. August 9, 1993 Page 3 V. Recommendation Adopt Alternative A, thereby authorizing the appropriate City official to execute a contract with Alan L. Amos, Inc. for $20,160.00 for the demolition of 217-227 First Street NW as an emergency. Respectfully submitted, W. Robert Herbert City Manager WRH:DP:rs cc: City Attorney Director of Finance Director of Public Works Building Commissioner Housing Development Coordinator Grants Monitoring Administrator Executive Director of Redevelopment and Housing Authority MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk August 11, 1993 Fils #5-70-337-405-468-472 W. Robert Herbert City Manager Roanoke, Virgirda Dear Mr. Herbert: I am attaching copy of Rssolution No. 31629-080993 accepting the bid of Harris Office Furniture Co., Inc., made to the City, in the amount of $17,139.00, for furnishing and delivering furniture and other required items for the Jefferson Center; and rejecting all other bids made to the City. Resolution No. 31629-080993 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 9, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc: Harris Office Furniture Co., Inc., 347 W. Campbell Avenue, S. W., Roanoke, Virginia 24016 Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Acting Director of Finance William F. Clark, Director, Public Works Charles M. Huffine, City Engineer L. Bane Coburn, Civil Engineer Sarah E. Fitton, Construction Cost Technician George C. Snead, Jr., Director, Public Safety M. David Hooper, Police Chief W. Robert Herbert, City Manager August 11, 1993 Page 2 pc: Rawleigh W. Quarles, Fire Chief Kit B. Kiser, Director, Utilities and Operations D. Darwin Roupe, Manager, General Services M. Craig Sluss, Manager, Water Department Dolores C. Daniels, Assistant to the City Manager for Community Relations Barry L. Key, Manager, Office of Management and Budget MARY F. PARKER City Clerk, CMC/AAE 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 August 11, 1993 File #5-70-337-405-468-472 Barrows, Inc. 130 W. Campbell Avenue Roanoke, Virginia 24011 Ladies and Gentlemen: I am enclosing copy of Resolution No. 31629-080993 accepting the bid of Harris Office Furniture Co., Inc., made to the City, in the amount of $17,139.00, for furnishing and delivering furniture and other required items for the Jefferson Center; and rejecting all other bids made to the City. Resolution No. 31629-080993 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 9, 1993. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid for furniture and other required items for the Jefferson Center. Sincerely, Mary F. Parker, City Clerk MFP:sm Enc. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of August, 1993. No. 31629-080993. A RESOLUTION accepting the bid of Harris Office Furniture Co., Inc. made to the City for furnishing and delivering furniture and other required items for the Jefferson Center; and rejecting all other bids made to the City. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The bid of Harris Office Furniture Co., Inc., made to the City, offering to supply furniture and other items for the Jefferson Center, meeting all of the City's specifications therefor, for the total bid price of $17,139.00, which bid is on file in the Office of the City Clerk, is hereby ACCEPTED. 2. The City's Manager of General Services is hereby authorized and directed to issue the requisite purchase order therefor, incorporating into said order the City's specifications, the terms of said bidder's proposal and the terms and provisions of this resolution. 3. Any and all other bids made to the City for the aforesaid procurement are hereby REJECTED, notify each such bidder and appreciation for such bid. and the City Clerk is directed to to express to each the City's ATTEST: City Clerk. (~ITY ' · Roanoke, Virginia August 9, 1993 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of City Council: SUBJECT: FURNITURE AND OTHER REQUIRED ITEMS JEFFERSON CENTER 540 CAMPBELL AVENUE, S.W. ROANOKE, VIRGINIA I. Background: City Council, at its July 12, 1993 meeting, received an informational report on purchase orders issued for furniture and other items as follows: Virginia Correctional Enterprises Passon's Sports J. G. Chairs $64,696.12 1,958.30 10,577.50 ADDroval was also given to issue a purchase order to Lee Hartman and Sons for audio-visual equipment (sole bidder on this equipment) in the sum of $29,985.00. Advertisement was placed in the local paper for the remaining furniture and equipment items not furnished by the above vendors. Two (2) bids were received on these items by D. D. Roupe, Manager of General Services, with Harris Office Furniture Co., Inc. submitting the low bid in the amount of $17t139.00. II. Issues in order of importance are: A. Compliance of the bidders with the requirements of the contract documents. B. Amount of the low bid. C. Fundinq of the project. D. Time of delivery. Honorable Mayor and Members of City Council FURNITURE AND OTHER REQUIRED ITEMS JEFFERSON CENTER Page 2 August 9, 1993 III. Alternatives are: Award a purchase order to Harris Office Furniture Co., Inc. in the amount of $17~139.00. 1. Compliance of the bidders with the requirements of the contract documents was met. me Amount of the low bid is acceptable, being 5% less than the estimate of $18,000.00. 3. Fundinq is available in the project account number 008-002-9654-9065. Time of completion is September 25, 1993. Due to the time of acceptance of these bids, the bidders would not guarantee delivery by September 25, 1993. Reject the bids and do not award a contract at this time. Compliance of requirements of not be an issue. the bidders with the the contract documents would 2. Amount of the low bid would probably increase. 3. Funding would not be encumbered at this time. Time of completion would be extended. Delivery at this time is expected to be at least two weeks beyond September 25, 1993 and could be extended by another month by bid rejection. IV. Recommendation is that City Council take the following action: A. Concur with the implementation of Alternative "A". Honorable Mayor and Members of City Council FURNITURE AND OTHER REQUIRED ITEMS JEFFERSON CENTER Page 3 August 9, 1993 Accept the bid of Harris Office Furniture Co., Inc. in the amount of $17,139.00 and authorize the Manager of General Services to execute a purchase order for these items. C. Funding is available in account number 008-002- 9654-9065. Respectfully submitted, W. Robert Herbert City Manager WRH/LBC/kp cc: City Attorney Director of Finance Director of Public Works Director of Administration and Public Safety Director of Utilities and Operations Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Manager, General Services Accountant, Contracts and Fixed Assets Manager, Water Department Fire Chief Police Chief Manager, Office of Management and Budget TABULATION OF BIDS FURNITURE AND OTHER REQUIRED ITENS JEFFERSON cENTER 540 CAMPBELL AVENUE, S.W. ROANOKE, VIRGINIA Bids opened in General Services on Friday, July 16, 1993 at 2:00 p.m. LUMP SUM BIDDER BID TIME Harris Office Furniture Co., Inc. $17,139.00 No Quote Barrows, Inc. $17,469.00 * Estimated Cost: $181000.00 *Time of completion quoted as follows: "Because of lead times for items quoted, orders placed after July 26, 1993, cannot be guaranteed for delivery by September 25, 1993." Office of City Engineer Roanoke, Virginia July 16, 1993 MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk August 11, 1993 File #58-405 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31630-080993 authorizing execution of a contract with Johnson and Higgins, Inc., to provide agent/broker services to the City, in the amount of $30,000.00, for a term of one year, with an option to renew for two additional one year periods. Resolution No. 31630-080993 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 9, 1993. Sincerely, Mary F. Parker, CMC~AAE City Clerk MFP: sm Eric. pc: S. Richard Conner, Vice-President, Johnson and Higgins, Inc., 416 S. Jefferson Street, Roanoke, Virginia 24011 Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Acting Director of Finance Glenn D. Radcliffe, Director, Human Development Kenneth S. Cron.in, Personnel Manager Barry K. Agnew, Acting Risk Management Officer Kit B. Kiser, Director, Utilities and Operations D. Darwin Roupe, Manager, General Services Barry L. Key, Manager, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, The 9th day of August, 1993. No. 31630-080993. VIRGINIA, A RESOLUTION authorizing the execution of a contract with Johnson & Higgins, Inc. to provide agent/broker services to the City. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, an agreement with Johnson & Higgins, Inc. for the provision by such firm of services as insurance agent and broker, as more particularly set forth in the August 9, 1993, report of the City Manager to this Council. 2. The contract authorized by this resolution shall have a term of one year with an option to renew for two additional one- year periods. The amount of the first year of services shall be $30,000.00. 3. The form of the contract with such firm shall be approved by the City Attorney. ATTEST: City Clerk. Roanoke, Vir~ia/ll/ August 9, 199]J ,~L 29 Honorable Mayor and City Council Roanoke, Virginia Rtt :23 Dear Members of Council: SUBJECT: Insurance Broker Services, Proposal #93-4-46 I. Background Ail insurance obtained by the City must be purchased through an agent/broker. The City cannot purchase directly from the Insuring Company. Insurance aqents/brokers normally receive commissions from the Insurance Companies that they represent. Under an agent/broker service agreement a Fee would be paid to the agent/broker and they would not receive a commission. City is currently working with four (4) different agent/broker Firms to obtain the coverages that are now in place. A more systematic aDproach to procure insurance is to have only one (1) agent/broker. One agent/broker would then assist the City with all insurance issues as well as represent the City in the insurance markets as the City requests proposals for needed coverages. Other localities in the Commonwealth procure agent/broker service and insurance in this manner. Currently Henrico County, Chesterfield County and Virginia Beach are working within the one (1) agent/broker concept. One (1) agent/broker will assist the City's insured and self insured programs as follows: Provide unlimited broker service to the Office of Risk Management. Provide limited claims assistance for both insured and self-insured programs including claim disputes/negotiations with insurance carriers. Insurance Broker Services Proposal #93-4-46 Page 2 Provide limited loss assistance in unusual environmental guidance. control training and exposures including The above would be even more effective with the procurement of needed excess coverages. II. Specifications were developed to secure agent/broker services on all existing policies. Request for proposals were sent to twenty-three (23) agent/broker organizations. A public advertisement was also published in the Roanoke Times and Roanoke Tribune. Current Situation Four (4) proDosals were received. Ail proposals were evaluated and interviews conducted by representatives of the following Departments: Finance General Services Personnel Management Risk Management Durinq the interviews of all respondents, cost factors were identified. These cost are an agent/broker fee and would be in lieu of any commissions. The organizations and their proposed cost are as follows: 1. Johnson & Higgins, Inc. 2. Thomas Rutherford, Inc. 3. Alexander & Alexander, Inc. 4. Rollins-Hudig-Hall, of Virginia Inc. $30,000 $31,000 $48,000 $50,000 Lowest proDosal, submitted by Johnson & Higgins, Inc. meets all requirements and specifications of the City. Insurance Broker Services Proposal #93-4-46 Page 3 III. Issues IV. A. Assistance provided. B. Need C. Fundinq Recommendation A. Authorize aqent/broker service aqreement with Johnson & Higgins, Inc. to provide assistance in insurance/risk management in accordance with City of Roanoke specifications. Assistance provided - Assistance will be in the development of insurance specifications along with overall support of both insured and self-insured programs of the City and assistance in loss control and claims. Need The one (1) agent/broker concept is needed to enhance our current insured and self-insured programs in identifying possible available insurance markets and trends. Also this concept will keep the City better aware of possible areas of liability and reduction thereof. Fundinq Additional Funding would not be required since the proposed service would be paid for via a Fee to the agent/broker instead of commission paid to the insurance company. The fee amount is available in the Risk Management Insurance Account. Do not authorize agent/broker service agreement. 1. Assistance provided - needed assistance in the areas of specification development, policy consolidation, loss control and enhanced claims management would not be accomplished. 2. Need - the above assistance would not be accomplished in the most effective or efficient manner. Insurance Broker Services Proposal #93-4-46 Page 4 cc: Funding - Available funds could be consumed in paying policy commissions. Recommendation Council concur with Alternative "A" - Authorize the City Manager to enter into an agent/broker service agreement with Johnson and Higgins, Inc. for a period of one (1) year with the option to renew for two (2) additional one (1) year periods. The first year cost is $30,000. B. Reject all other proposals. Respectfully submitted, W. Robert Herbert City Manager City Attorney Director of Finance Management & Budget Personnel Management Risk Management kECE': ?, CITY C! r Office of the City Manager '93 ,J!JL 34 Roanoke, Virginia August 9, 1993 Honorable Mayor and City Council Roanoke, Virginia Dear Men,hers of Council: SUBJECT: Report on Insurance Broker Service, Proposal #93-4-46 On Monday, August 9, 1993, we are presenting a report to Council and requesting your concurrence to enter into an agreement for Insurance Broker Service. Please allow me this opportunity to explain the purpose of the request. As you know, the City currently has insurance coverage in several areas and is self insured in others. The areas where we are self insured include: 1. Those areas where insurance coverages are not available. 2. Those areas where the cost of coverage is not practical when compared to the possible liability. 3. Areas of available coverages, that are not in the City's best interest to obtain. Ail of the insurance that we currently have is provided through an agent or broker. We cannot obtain coverage or prices directly from the insurance carrier. That information must be processed through an agent or broker. Currently for our various coverages, this process requires that we work with and through several different agents/brokers. For many years we have followed the existing process to obtain insurance coverages and have been fairly successful in getting competitive prices and adequate coverage. By market standard practices, agents and brokers are compensated by commissions that are paid by the insurance carriers, for the insurance that is sold by the agent or broker. Room 364 Muni¢ipol B~ildin9 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2333 the By securing the service of one(l) agent/broker we are provided following advantages over the existing system: 1. We will be able to competitively obtain all necessary insurance coverage but have the assistance of one(l) agent/broker that is experienced in serving public sector organizations. The agent/broker will be paid by the city, a fee for the services that they provide, in lieu of any commissions paid by the insurance carriers. No commissions are to be paid to the agent/broker. If any insurance carrier can only provide their premium with a commission included, that commission will be offset against our annual fee paid to the 'agent/broker. The agent/broker will be acting in the City's best interest in aggressively solving problems and finding solutions to our insurance concerns rather than in the interest of the insurance carriers. Marketing expertise% changes in coverage and availability of coverages can be monitored more effectively by someone that is actively involved in the industry's daily activities. Support, knowledge and assistance in areas such as environmental liabilities can be of substantial benefit. For the aforementioned reasons we recommend to you that we enter into the proposed agreement for Insurance Broker Service as explained in the report to you. cc: City Attorney Acting Director of Finance Manager General Services Risk Manager Respectfully Submitted, W. Robert Herbert City Manager MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2~011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk August 11, 1993 File #472-301-188 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31631-080993 authorizing you to enter into a contract with IBM Corporation to provide a disaster recovery system consisting of facilities and equipment at an off-site location to be used in the event of a disaster that might damage or put out of service the City's computer services, for a term of five years, with compensation to IBM Corporation to be in the amount of $8,520.00 for the first year, and $19,212.00 for each of the next four years. Resolution No. 31631-080993 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 9, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc: IBM Corporation, 111 Franklin Plaza, Roanoke, Virginia 24011 Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Acting Director of Finance William F. Clark, Director, Public Works Arohie W. Harrington, Manager, City Information Systems Kit B. Kiser, Director, Utilities and Operations D. Darwin Roupe, Manager, General Services IN THE COUNCIL OF THE CITY OF ROANOKE, The 9th day of August, 1993. No. 31631-080993. VIRGINIA, A RESOLUTION authorizing the City Manager to enter into a contract with IBM Corporation to provide disaster recovery services in support of the City's computer services. BE follows: 1. IT RESOLVED by the Council of the City of Roanoke as The City Manager and the City Clerk shall be authorized to execute and attest, respectively, an agreement with IBM Corporation for the provision by such Corporation of a disaster recovery system providing facilities and equipment at an off-site location to be used in the event of a disaster that might damage or put out of service the City's computer services. 2. The term of such agreement shall be five years, and the compensation to IBM Corporation pursuant to such agreement shall be $8,520.00 for the first year, and $19,212.00 for each of the next four years. 3. The Attorney. form of such contract shall be approved by the City ATTEST: City Clerk. CITY Roanoke, Virginia August 9, 1993 '93 J!JL 251 All :23 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: SUBJECT: Bids For Disaster Recovery Services, Bid No. 92-11-41 I. Background External Auditors have recommended that the City obtain an agreement to provide Computer Services in the event of a disaster situation. Disaster Recovery System will provide Facility and Equipment at an off-site location, to be used in the event of a disaster that may put out of service the City's Computer Service. This system will provide a backup system to operate until our facility and/or system is made operational. Specifications were developed along with a request for quotation, and were sent to four (4) vendors that are currently listed on the City's bid list for this type of service. A public advertisement was also published in the Roanoke Times and Roanoke Tribune. II. Current Situation Specifications requested the agreement be for a one (1) year period with the option to renew for four (4) additional one year periods. B. Four (4) bids were received. Bid tabulation is attached. Ail bids were evaluated in a consistent manner by representatives of City Information Services and General Services. The lowest bid, submitted by IBM Corporation, meets all required specifications. III. Issues A. Need Disaster Recovery Services Bid No. 92-11-41 Page 2 IV. B. Compliance with Specifications C. Funding Alternatives Council authorize the City Manager to enter into an agreement, in a form approved by the City Attorney, with IBM Corporation to provide a Disaster Recovery Plan in accordance with City of Roanoke specifications, at a first year cost of $8,520.00. 1. Need - Requested Disaster Recovery Plan is needed to address computer services made in the event of a disaster. Compliance with Specifications - The bid submitted by IBM Corporation meets all required specifications. Funding - Funds are available in City Information Services account 006-013-1601-2010 to provide for this agreement. B. Reject all Bids. Need The need to provide computer services in the event of a disaster would not be addressed. Compliance with Specifications would not be a factor in this alternative. Funding - Available Funds to provide for this service would not be expended. Disaster Recovery Services Bid No. 92-11-41 Page 3 cc: V. Recommendation Council concur with Alternative "A" - Authorize the City Manager to enter into an agreement, in a form approved by the City Attorney, with IBM Corporation to provide Disaster Recovery Plan to the City of Roanoke in accordance with all required specifications. Respectfully Submitted, City Manager City Attorney Director of Finance Management & Budget 0 0 ~ ~ o 0 0 0 0 0 0 J J ~- o o c~ o o c; MARY F, PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2,4011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk August 11, 1993 File #60-450-217 James D. Grisso Acting Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 31634-080993 amending and reordaining certain sections of the 1993-94 Capital Fund Appropriations, providing for appropriation of $48,199.00, in connection with a disbursement to the Roanoke Valley Economic Development Partnership. Ordinance No. 31634-080993 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 9, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Ene. pc: W. Robert Herbert, City Manager phtlltp F. Sparks, Acting Chief, Economic Development Barry L. Key, Manager, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 9th day of August, 1993. No. 31634-080993. AN ORDINANCE to amend and reordain certain sections of the 1993-94 Capital Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by Roanoke that certain sections of Appropriations, be, to read as follows, the Council the 1993-94 of the City of Capital Fund and the same are hereby, amended and reordained in part: APpropriations Other Infrastructure $ Roanoke V~lley Economic Development Partnership (1) ................................... Reserved Fund Balance - Unappropriated (2) ........ 1) Appropriation from General Revenue (008-002-9590-9003) 2) Reserved Fund Balance - Unappropriated (008-3325) $ 48,199 (48,199) 8,882,302 48,199 2,130,312 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. August 9, 1993 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Council Members: Subject: Appropriation of Funds for the Roanoke Valley Economic Development Partnership I. CURRENT SITUATION: City Council approved at Fy 1993-94 Budget Study, additional funding totaling $48,199 for the Partnership for Fiscal Year 1993-94 only to assist in funding one additional marketing representative staff position for two years. Bo Economic Development funds included in the Capital Improvement Program were recommended as the funding source. II. ISSUES: A. Fundine Availability B. Partnership Services to the City III. ALTERNATIVES: City Council appropriate $48,199 from undesignated Capital Funds to an account to be established by the Director of Finance for disbursement to the Roanoke Valley Economic Development Partnership. Fundine Availability - The funds are currently available in undesignated Capital Funds. ° Partnershio Services to the City - The Partnership could increase its economic development effort immediately. City Council not appropriate funds. 1. Funding Availability - Would not be an issue. 2. Partnershin Services to the City - Would be negatively impacted since there could not be a timely disbursement of funds. IV. RECOMMENDATION: Alternative A. City Council appropriate $48,199 from undesignated Capital Funds to an account to be established by Director of Finance in the Capital Projects Fund for dispersal to the Roanoke Valley Economic Development Partnership. Respectfully submitted: W. Robert Herbert City Manager WRH/PFS:bw CC: City Attorney Assistant City Manager Acting Director of Finance Manager of Management and Budget MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKF OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk August 11, 1993 File #236-246-304 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31633-080993 authorizing you to execute an agreement with the Fifth District Employment and Training Consortium, to p~ovide for use of Community Development Block Grant (CDBG) funds, in the amount of $25,000.00, for the Roanoke Valley Youth Conservation Service Corps -- Opportunity Knocks Project. Resolution No. 31633-080993 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 9, 1993. Sincerely, City Clerk MFP: sm Enc. pc: Wilburn C. Dibling, Jr., City Attorney James D. G~isso, Acting Director of Finance Glenn D. Radcliffe, Director, Human Development Marion V. Crenshaw, Youth Planner Vickie L. P~ice, Administrator, Fifth District Employment and T~dning Consortium Marie T. Pontius, Grants Monitor/ng Administrator Barry L. Key, Manager, Office of Management and Budget IN THE COUNCIL OF THE CITY OF The 9th day of August, 1993. No. 31633-080993. ROANOKE, VIRGINIA, A RESOLUTION authorizing the City Manager to execute an agreement with the Fifth District Employment and Training Consortium ("FDETC"), to provide for the Roanoke Valley Youth Conservation Service Corps - Opportunity Knocks Project. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the City Manager or the Assistant City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, an agreement with FDETC, which agreement shall provide for the use of Community Development Block Grant ("CDBG") funds in the amount of $25,000.00 to be used for the Roanoke Valley Youth Conservation Service Corps Opportunity Knocks Project, as more specifically set forth in the City Manager's report to this Council dated August 9, 1993. 2. The form of the agreement shall be approved by the City Attorney. ATTEST: City Clerk. MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk August 11, 1993 File #60-236-246-304 James D. Grisso Acting Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 31632-080993 amending and reordaining certain sections of the 1993-94 Consortium Fund Appropriations, providing for appropriation of $226,064.00, to the Fifth District Employment and Training Consortium for project management and administration of the Operation Bootstrap and Roanoke Valley Youth Conservation Service Corps -- Opportunity Knocks projects. Ordinance No. 31632- 080993 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 9, 1993. Sinceraly, Mary F. Parker, City Clerk MFP: sm Ene. pc: W. Robert Herbert, City Manager Glenn D. Radcliffe, Director, Human Development Marion V. Crenshaw, Youth Planner Vickie L. Price, Administrator, Fifth District Employment and Training Consortium Marie T. Pontius, Grants Monitoring Administrator Barry L. Key, Manager, Office of Management and Budget 1993-94 emergency. WHEREAS, IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 9th day of August, 1993. No. 31632-080993. AN ORDINANCE to amend and reordain certain sections of the Consortium Fund Appropriations, and providing for an for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. Roanoke THEREFORE, BE IT ORDAINED by the Council of the City of that certain sections of the 1993-94 Consortium Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Aoorooriations Fifth District Employment & Training Consortium - FY94 .~ .................. $ 771,486 Opportunity Knocks-CDBG (4-11) .................. 25,000 Opportunity Knocks-GETD (12-15) ................. 190,125 Ravs~us Fifth District Employment & Training Consortium - FY94 ..... $ 771,486 Opportunity K~ocks-CDBG (17) .................... 25,000 Opportunity Knocks-GETD (18) .................... 190,125 1) Wages 2) Fringes 3) Communications 4) Wages 5) Fringes 6) Supplies 7) Leases 8) Repairs & Maintenance (034-054-9486-8350 (034-054-9486-8331 (034-054-9486-8353 (034-054-9492-8350 (034-054-9492-8351 (034-054-9492-8355 (034-054-9492-8358 (034-054-9492-2038) $ 8,635 2,154 150 4,975 1,505 500 7,300 3,000 9) Communications 10) Video Production 11) Classroom Training 12) Staff Wages 13) Staff Fringes 14) Participant Wages 15) Participant Fringes 16) Operation Bootstrap-CDBG 17) Opportunity Knocks-CDBG 18) Opportunity Knocks-GETD (034-054-9492-8353) (034-054-9492-8022) (034-054-9492-8500) (034-054-9491-8050) (034-054-9491-8051) (034-054-9491-8030) (034-054-9491-8031) (034-034-1234-9486) (034-034-1234-9492) (034-034-1234-9491) $ 1,500 2,500 3,720 54,912 9 998 116 316 8 899 10 939 25 000 190 125 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. Roanoke, Virg~ August 9, 1993 Honorable Mayor and Members of City Council Roanoke, Virginia Members of Council: SUBJECT: Funding for the Fifth District Employment and Training Consortium (FDETC) for Operation Bootstrap and Roanoke Valley Youth Conservation Service Corps - Opportunity Knocks I. Background Operation Bootstrap is designed to assist very low income families in the City of Roanoke to become economically self-sufficient through the cooperative efforts of the public and private sectors. The Fifth District Employment and Training Consortium (FDETC) is responsible for specific aspects of project management and administration. Opportunity Knocks: Roanoke Valley Conservation Service Corps, a statewide Governor's initiative, is a comprehensive youth service project designed to enhance the current educational and employment options available to Virginia's at risk youth. City Council authorized funding for the FDETC Operation Bootstrap and Opportunity Knocks project as part of the Community Development Block Grant (CDBG) application; approved by Council on May 10, 1993 by Resolution No. 31445-051093. City Council appropriated CDBG funds on June 28, 1993 by Ordinance No. 31534- 062893, including $35.939 in funding for the FDETC Operation Bootstrap and Opportunity Knocks Project. E. City of Roanoke is the grant recipient for FDETC funding. City Council must appropriate the funding for all grants the FDETC receives. II. Current Situation A. City of Roanoke has awarded the FDETC funding for the project management and administration of Operation Bootstrap in the amount of $10,939.00 from Community Development Block Grant (CDBG) funds. City Council Report August 9, 1993 Page 2 FDETC has completed one year of operating the Opportunity Knocks project, a two- year state-sponsored initiative designed to serve at-risk youth. Project continuation, as proposed by the Fifth District Employment and Training Consortium (FDETC), will provide work experience, educational and specific job skills training for 35 low to moderate income young people between the ages of 18 and 25. City of Roanoke has awarded the FDETC funding for project administration, training and transportation for the Opportunity Knocks program in the amount of $25,000 from Community Development Block Grant (CDBG) funds. Governor's Employment and Training Department (GETD) sent the FDETC Notice of Award (NOA) # OK-01 in the amount of $190~125 for the Opportunity Knocks program. An administrative agreement between the City and FDETC is necessary for the CDBG funds to be obligated to the Opportunity Knocks program. III. Issues A. Program Operations B. Cost to the City C. Funding D. Timing E. Compliance with applicable regulations F. Legal IV. Alternatives A. Appropriate the FDETC's funding from CDBG and the GETD totalling $226,064.00, increase the revenue estimate by $226,064.00 in accounts to be established by the Acting Director of Finance, and authorize the City Manager, or his designee, to execute the attached Agreement with FDETC for the Roanoke Valley Youth Conservation Service Corps - Opportunity Knocks program. City Council Report August 9, 1993 Page 3 1. Program Operations will continue with no break in the implementation of planned activities, and new programs will be initiated in a timely manner. 2. Cost to the City will be $35,939 in CDBG funds. Funding - Funds are available from the Community Development Block Grant (034- 034-1234-9486 and 034-034-1234-9492) and the Commonwealth of Virginia (034- 034-1234-9491). Timing is important since FDETC has obtained funding under General Assembly guidelines and the Job Training Parmership Act (JTPA) to implement this program beginning July 1, 1993. 5. Compliance with applicable regulations is assured through contract review and project monitoring by the City's Office of Grants and the FDETC. 6. Legal issues will be addressed through contract review by the City Attorney. Do not appropriate the FDETC's funding from CDBG and the GETD totallin¢, $226,064.00, nor authorize the City Manager, or his designee, to execute the attached Agreement with FDETC for the Roanoke Valley Youth Conservation Service Corps - Opportunity Knocks program. 1. Program operations would be interrupted since programs designed to serve participants would be delayed. Cost to the City would be nothing, except that the scope of a project designed to provide educational and job skills training, and practical work experience opportunities for low to moderate income persons would be reduced. 3. Funding would not be an issue. 4. Timing would not be an issue. 5. Compliance with applicable regulations would not be an issue. 6. Legal concerns would not be an issue. City Council Report August 9, 1993 Page 4 V. Recommendation It is recommended that City Council concur in Alternative A which would: Appropriate the FDETC's funding from CDBG and the GETD totallims $226,064.00 and increase the revenue estimate by $226,064.00 in accounts to be established by the Acting Director of Finance, and Authorize the City Manager, or his designee, to execute the attached Agreement with FDETC for the Roanoke Valley Youth Conservation Service Corps - Opportunity Knocks program. Respectively submitted, W. Robert Herbert City Manager WRH/VLP/kdh CC: Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Acting Director of Finance Glenn D. Radcliffe, Director of Human Development Marie T. Pontius, Grants Monitoring Administrator Vickie L. Price, FDETC Administrator AGREEMENT of This agreement is made and entered into this day · 1993, by and between the following parties: The Grantee - City of Roanoke, Virginia 215 Church Avenue, SW Roanoke, Virginia 24011 and the Subgrantee Fifth District Employment and Training Consortium (FDETC) 310 West Campbell Avenue, SW Roanoke, Virginia 24016 The Grantee has been authorized by its City Council pursuant to Resolution No. -080993, adopted August 9, 1993, to provide $25,000 in matching funds toward the FDETC Opportunity Knocks Roanoke Valley Conservation Service Corps project as part of its Community Development Block Program. The parties hereto mutually agree as follows: 1. SCOPE OF SERVICES: FDETC will operate the Roanoke Valley Conservation Service Corps Opportunity Knocks program which is designed to provide 35 young people (ages 18 to 25) with practical work experience opportunities, and appropriate education and skills training activities while carrying out community service projects. Participants will work approximately 25 hours per week at Opportunity Knocks worksites, ranging from environmental clean-up to improvement of neighborhood and community development areas. Any participant enrolled in Opportunity Knocks who does not have a high school diploma or the equivalent will receive GED training. Additional training will be provided, as determined appropriate by the participant's employability development plan, to enable them to gain more marketable job skills. Further, each participant will receive "life skills" training including: parenting skills, topical/current health issues, business communication skills, resume writing, job interview techniques and job search assistance. 2. TIME OF PERFORMANCE: This Agreement shall be for the period of July 1, 1993 through June 30, 1994. Agreement may be extended with the written agreement of both parties. Be The total budget for this project will be $265,125 of which $240,125 is to be provided by other Federal and State Agencies and $25,000 will be a grant from the City of Roanoke CDBG Fund (see Attachment B). The City's grant is contingent upon FDETC receiving the stated match amount. Funding sources for this project are as follows: Virginia General Assembly appropriation Job Training Partnership Act (JTPA) 1993-94 CDBG Funds $190,125 50,000 25,000 PROPOSED PAYMENT SCHK, JULE AND PROCEDURES: Payments will be on a reimbursement basis. Requests for payment will be submitted to the assigned Project Manager for initial review and approved for payment by the Office of Grants Compliance. Funds will be disbursed monthly, as needed. Payment will be made to the Subgrantee within ten (10) days from date of receipt. Approval of reimbursement request will be subject to timely receipt of the monthly reports as detailed in Paragraph 11. The Grantee reserve the right to refuse payment to the Subgrantee in the event that the Subgrantee submits a reimbursement request sixty (60) calendar days from the contract expiration date. INDE~9~IFICATION: The Subgrantee agrees to indemnify and hold harmless the City, its officers, agents and employees, from any and all claims, liability, causes of action, suits of nature, costs,expenses; including reasonable attorney's fees, and other costs of defense, resulting from or arising out of the Subgrantee's intentional or negligent acts or omission in providing services under this Agreement including without limitation, fines and penalties, violation of federal, state or local laws, or regulations promulgated thereunder, personal injury, wrongful death or property damage. INDEPENDENT CON'£KACTOR: Services performed under this agreement shall be performed on an independent contractor basis and under no circumstances shall this agreement be construed as establishing an employee/employer relationship. The Subgrantee shall be completely responsible for its activities in performing services hereunder. TK~I~INATI(~: This Agreement may be terminated at any time by either the city or the Subgrantee upon written notification of two (2) weeks prior to termination. COMPLIANCE WITH FEDE~%L REG"uT~ATIONS: The Subgrantee agrees to abide by the HUD conditions for CDBG programs as set forth in Attachment A and all other applicable federal regulations relating to specific programs performed hereunder. Further, the Subgrantee agrees to require compliance with applicable federal regulations of the contractor by agreement. ~NIFOI~ ADMINISTRATIVE REQUIREMENTS: The Subgrantee shall comply with the requirements and standards of OMB Circular No. A-122, "Cost Principals for Non Profit Organizations" and with the following Attachments to OMB Circular No. A-110, if applicable: Attachment A, "Cash Depositories"; Attachment B, "Bonding and Insurance"; Attachment C, "Retention and Custodial Requirements for Records"; Attachment F, "Standards for Financial Management Systems"; Attachment H, "Monitoring and Reporting Program Performance"; Attachment N, "Property Management Standards"; and Attachment O, "Procurement". 10. PROGRAM INCOME: "Program Income" means gross income received by the Grantee or Subgrantee directly generated from the use of CDBG funds. Program income from any and all sources shall be submitted to the City within five (5) days of its receipt by the Subgrantee. Program income does not include proceeds from fundraising activities carried out by the Subgrantee. 11. RECOI~DS AND REPORTS: Ail records pertaining to this Agreement and the services performed pursuant to it, shall be retained for a period of three (3) years after the expiration date of the Agreement. Appropriate City and/or HUD personnel shall have free access to those records during the Agreement duration and the following three-year time period. The Subgrantee shall submit monthly reports to the Grantee's Office On Youth. Such reports shall consist of a narrative of accomplishments, number of participants, number of volunteers, participant data summary sheet and account balance sheet. 12. CONFLICT OF INTEREST: No employee, agent, consultant, officer or appointed official of the Subgrantee, who is in a position to participate in a decision-making process or gain inside information with regard to any CDBG activity, may obtain a personal or financial interest in any contract, subcontract or agreement with respect thereto, or in the proceeds thereunder, either for themselves, their family or business associates, during their tenure or for one (1) year thereafter. 13. REVEP~I(~{ OF ASSETS: Upon expiration of this Agreement the Subgrantee shall transfer to the city any CDBG funds or program income on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. 14. ANNUAL AUDIT AND MONITORING: The Subgrantee shall provide for an independent audit, in compliance with OMB Circular A-128, which will include all CDBG expenditures covered by the Agreement. Copies of said audit report shall be furnished to the Grantee's City Manager and Director of Finance within thirty (30) days of completion of the audit. 15. THIRD-PARTY CO~'r~(ACTS: The Grantee shall not be obligated or liable hereunder to any party other than the Subgrantee. 16. AMENDMENTS: The Grantee, from time to time, may require changes in the obligations of the Subgrantee hereunder, or its City council may appropriate further funds for the implementation of the West End Center's tutorial program or July program. In such event or events, such changes which are mutually agreed upon and between the Subgrantee and Grantee shall be incorporated in written amendment to this Agreement. 17. GOVERNING LAW: This Agreement shall be governed by the laws of the Commonwealth of Virginia. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year hereinabove written: ATTEST: CITY OF ROANOKE By By Mary F. Parker City Clerk W. Robert Herbert City Manager By. By Witness Vickie L. Price Administrator Fifth District Employment and Training Consortium ATTACHMENT A page 1 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SPECIAL TERMS AND CONDITIONS "Section 3" Compliance in the Provision of Training, E~lo~f.mnt and Business Opportunities: Ao The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. Co Eo The parties to this contract will comply with.the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 2¢ CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. The contractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers' representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. The contractor will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Oevelolxaent 24 CFR Part 135. The contractor will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR part 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued hereunder prior to the execution of the contract, shall be a condition of the federal financial assistance provided to the project', binding upon the applicant or recipient for such ATTACHMENT A page 2 assistance, its successor and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors and subcontractors, its successors and assigns to those sanctions specified by the grant or loan agreement or contract through which Federal assistance is provided, and to such sanctions as are specified by 2¢ CFR Part 135. FQuml Emglo)~nt Op~ertuntty: Contracts subject to Executive Order 11246, as amended: Such contracts shall be subject to HUD Equal Employment Opportunity regulations at 24 CFR Part 130 applicable to HUD-assisted construction contracts. The Contractor shall cause or require to be inserted in full in any non- exempt contract and subcontract for construction work, or modification thereof as defined in said regulations, which is paid for in whole or in part with assistance provided under this Agreement, the following equal opportunity clause: "During the performance of this contract, the contractor agrees as follows: A. The contractor will not discriminate against any employee or applicant for employment because of race, color, reltgtqn, sex or national origin. The contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. B. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. C. .The contractor will send to each labor union or representative of workers with which ha ham a collective bargaining agreement or other contract or understanding, a notice to be provided by the Contract Compliance Officer advising the said labor union or workers' represent&tires of the contractor's co~,ttment under this section and sh&111~St copies of the notice in conspicuous places available to employees and sppllcants for employment. D. The contractor will comply with all provisions of Executive Order I1246 of September 2¢, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor. E. The contractor will furnish all information and reports required by Executive Order 1X2¢6 of September 24, Xg6S, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the ATTACHMENT A page 3 Department and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations or orders, this contract may be canceled, terminated or suspended in whole or in part, and the contractor may be declared ineligible for further Government contracts or Federally-assisted construction contract procedures authorized in Executive Order 11246 of September 2¢, 1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by law. The contractor will include the portion of the sentence immediately preceding paragraph (A) and the provisions of paragraphs (A) through (G) in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the Department may direct as & means of enforcing such provisions, including sanctions for nonc.ompliance; provided, however, that in the event a contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of such direction by the Department, the contractor may request the United States to enter into such litigation to protect the interest of the United States." The Contractor further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in Federally-assisted construction work; provided, that if the Contractor so participating ia a State or local government, the above equal opportunity clause is not &ppltcabla to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The Contractor agrees that it will assist and cooperate actively with the Oepartment and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations and relevant orders of the Secretary of Labor; that it will furnish the Department and the Secretary of Labor such compliance; and that it will otherwise assist the Dopartment in the discharge of its primary responsibility for securing con~lianca. The Contractor further agrees that it will refrain from entering into any contract or contractmedtftcatton subject to Executive Order 11246 of September 24, [965, with a contractor debarred from, or who ham not demonstrated eligibility for Government contracts and Federally-assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause aa may be imposed upon contractors and subcontractors by the Department or the Secretary of Labor pursuant to Part II, Subpart D, of the Executive Order. In addition, the Contractor agrees that if it fails or refuses to comply with these undertakings, the Department may take any or all of the following actions: cancel, temin&ta or suspend in whole or in part the grant or loan guarantee; refrain from extending any further assistance to the Contractor under the Program with respect to which the failure or A1TACHNENT A page 4 refusal occurred until satisfactory assurance of future compliance has been received from such Contractor; and refer the cause to the Department of 3ustice for appropriate legal proceedings. ~o~tscrtmtnation L~er Tttle VI of the Ctvtl Rights Act of lg64: This Agreement is subject to the requirements of Title VI of the Ctvt~ Rights Act of 1964 (P.L. 88-352) and HUO regulations with respect thereto, including :he regulations under 24 CFR Part 1. In the sale, lease or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, the Contractor shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination upon the basis or race, color, religion, sex or national origin, in the sale, lease or rental, or in the use of occupancy of such land or any improvements erected or to be erected thereon, and providing that the Contractor and the United States are beneficiaries of and entitled to enforce such covenant. The Contractor, in undertaking its obligation in carrying out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant and will not itself so discriminate. The Contractor shall remain fully obligated under cna provisions Agreement, notwithstanding its designation of any third party or parties for the undertaking of all or any part of the progrem wtth respect to which assistance is being provided under this Agreement to the Contractor. Any Contractor which is not the Applicant shall comply with all lawful requirements of the Applicant necessary to insure that the program, with respect to which assistance is being provided under this Agreement to the Contractor is carried out in accordance with the Appllcant's Assurances and certifications, including those with respect to the assumption of environ,mntal responsibilities of tho Applicant under Section 104(h) of the Housing and Community Oevalopment Act of 1974. 5. Interest of Certain Federal O~ftctal$: No member of or delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this Agre~,mnt or to any benefit to arise from the same. G,~.~::~ ~l car or employee o¢ the Contractor, or 1ts designees or age,,~s, no melber of the governing body of the locallty in which the program is situated, and no other public offtctal of such 1ocallty or localities who exercises any functions or responsibilities with respect to the program during his tenure, or for one (l) year thereaftsr, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under the Agreement. The Contractor shall incorporate, or cause to be incorporated, in ali such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this section. 7. P;a~ibittem A~tnmt P~ts ef.-~"~"'.o~ ~_-~-4~ssio.: The assistance provided under thisAgremnt shall not De user ~n the pa~,~t of any bonus or co~tssion for the purpose of obtaining HUO approval of the application for such assistance, or HUO approval or applications for additional assistance, ATTACHMENT A page 5 or any other approval or concurrence of HUD required under this Agreement, Title ! of the Housing and Community Oevelopmant Act of [974, or HUO regulations with respect thereto; provided, however, that reasonable fees or bona fide technical, consultant, managerial or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as program costs. 'Section [09": This Agreement is subject to the requirements of Section [09 of the Housing and Community Development Act of 1974, 42 U.S.C. 3535(d). No person in the United States shall on the ground of race, color, religion, sex or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds available under this title. Access to Records and Stto of Emmlo~mant: This Agreement is subject to the requirements of Executive Order 11246, Executive Order 137S, Civil Rights Act of [964, as amended. Access shall be permitted during normal business hours to the premises for the purpose of conducting on-site compliance reviews and inspecting and copying such books, records, accounts, and other material as may be relevant to the matter under investigation and pertinent to compliance with the Order, and the rules and regulations promulgated pursuant thereto by the Contractor. Information obtained in this manner shall be used only in connection with the administration of the Order, the administration of the Civil Rights Act of 1964 (as amended) and in furtherance of the purpose of the Order and that Act. Records: All records pertaining to this Agreea~nt and the services ~d pursuant to it, shall be retained for a period of three (3) years after the expiration date of the Agreement. Appropriate City and/or HUD personnel shall have free access to those records during the Agreement duration and the following three-year time period. Termination for Conventmce or for G~ame: This Agreement may be terminated by either the City or the Contractor in the event of a substantial failure to perform by either party. In the event of such termination, the Contractor shall be entitled to collect all sums for services performed as of the date of termination. This Agreement may be terminated for convenience in whole or in part by the City with the consent of the Contractor, in which cane the two parties shall agree upon the termination conditions, including the effective date and in the case of partial termination, the portion to be terminated. Legal '~-~1t# fee Cafit~&~Vtolattem: If the Contractor materially fails to coe~ly with any term of this Agremnt, whether stated in a Federal statute or regulation, an assurance, in a State plan or application, a notice of award, or elsewhere, the City may take one or moro of the following action, as appropriate in the circumstances: Temporarily withhold cash paints pending correction of the deficiency by the Contrmctor, Disallow all or ~mrt of the cost of the activity or action not tn compliance, 3) Wholly or partly suspend or resinate the current Agre~nt, or 4) Take other remedies that may be legally available. E:ATTACHf4T.PRO 10/1/gl OPPORTUNITY KNOCKS PROPOSAL Budget ATTACHMENT B REVENUE: CDBG Commonwealth of Virginia JTPA Title II-A TOTAL Revenue EXpEI~DITURES: 1. Salaries & Fringes: CDBG 1 Program Coordinator (~ 20%) 1 Executive Secretary $2,960 (@ 10%) 1 MIS Data Coordinator 1,137 (® 5%) 1 Administrator 573 (@ 2%) 1 Fiscal officer 1,810 (e 5%) 2 Crew Supervisors (Full-time) 35 OK Participants (25 hrs/wk) 2. Client Training (@ $1,428/participant) 3. Supplies (® $42/month) 4. Vechicle Lease/Rental (@ $650/month) 5. Vehicle Maintenance 6. Communications/Telephones (2 Cellular Phones) 7. Video Production 500 7,300 3,000 1,500 2,500 (local share of educational/marketing tape Classroom Training 3,720 (GED classes, vocational training, etc.) STATE $i0,870 51,320 127,935 $ 25,000.00 190,125.00 50,000.00 $265,125.00 JTPA $50,000 TOTAL $10,870 2,960 1,137 573 1,810 51,320 127,935 50,000 500 7,300 3,000 1,500 2,500 3,720 TOTAL $25,000 $190,125 $50,000 $265,125 The file for Ord. 3164-080993 was missinq at the time of scanninq. MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-25~.1 SANDRA H. EAKIN Deputy City Clerk August 11, 1993 File #60-246 James D. Grisso Acting Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 31635-080993 amending and reordaining certain sections of the 1993-94 Consortium Fund Appropriations, providing for appropriation of $188,218.00, in connection with implementation of planned programs and activities under the Title III, Economic Dislocated Worker Adjustment Act Program of the Fifth District Employment and Training Consortium. Ordinance No. 31635-080993 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 9, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc: W. Robert Herbert, City Manager Glenn D. Radcliffe, Director, Human Development Viekie L. Price, Administrator, Fifth District Employment and Training Consortium Marie T. Pontius, Grants Monitoring Administrator Barry L. Key, Manager, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 9th day of August, 1993. No. 31635-080993. AN ORDINANCE to amend and reordain certain sections of the 1993-94 Consortium Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1993-94 Consortium Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: &ooroDristions Fifth District Employment & Training Consortium FY94 ........................................... Title III - EDWAA .............................. Revenue Fifth District Employment & Training Consortium FY94 ........................................... Tit e - EDW '"'""'"'"'""'"'"'"". 545,422 188,218 545,422 188,218 1) Administration Wages 2) Administration Fringes 3) Administration Travel 4) Administration Communications 5) Administration Supplies 6) Administration Insurance (034-054-9481-8350) $ 16,000 (034-054-9481-8351) 5,000 (034-054-9481-8352) 1,500 (034-054-9481-8353) 1,200 (034-054-9481-8355) 325 (034-054-9481-8356) 500 7) Administration Contractual Services 8) Administration Leases 9) Administration Equipment 10) Administration Miscellaneous 11) Basic Re- adjustment Service Wages 12) Basic Re- adjustment Service Fringes 13) Basic Re- adjustment Service Travel 14) Basic Re- adjustment Service Communications 15) Basic Re- adjustment Service Supplies 16) Basic Re- adjustment Service VEC 17) Retraining Wages 18) Retraining Fringes 19) Testing Fees 20) Tuition 21) Supportive Services 22) Title III Revenue (034-054-9481-8357) $ 800 (034-054-9481-8358) 300 (034-054-9481-8359) 2,508 (034-054-9481-8360) 100 (034-054-9481-8066) 31,339 (034-054-9481-8067) 8,044 (034-054-9481-8068) 500 (034-054-9481-8069) 1,000 (034-054-9481-8070) 400 (034-054-9481-8405) 12,524 (034-054-9481-8061) 655 (034-054-9481-8062) 169 (034-054-9481-8431) 2,500 (034-054-9481-8500) 94,354 (034-054-9481-8461) 8,500 (034-034-1234-9481) 188,218 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this city Clerk. '93 /lg-9 Honorable Mayor and City Council Roanoke, Virginia P 3:30 Members of Council: August 9, 1993 SUBJECT: Funding for the Fifth District Employment and Training Consortium BACKGROUND A. The Fifth District Employment and Training Consortium (FDETC) submitted its Implementation Strategy for the Title III, Economic Dislocated Worker Adjustment Act (EDWAA) program for the Fiscal Year (FY) 1993 in May, 1993. B · City of Roanoke is the grant recipient for FDETC funding. City Council must appropriate the funding for all grants the FDETC receives. II. CURRENT SITUATION A. Governor's Employment and Training Department (GETD) sent the FDETC Notice of Award (NOA) # E-01 in the amount o~ $188,218.00 in Title III funding for Program Year 1993. B. FY 1993 funds are allocated for the period of July 1, 1993 to June 30, 1994. III. ISSUES A. Program Operations B. Funding C. Timing IV. ALTERNATIVES ao Appropriate the FDETC's funding for the Title III program totalling $188,218.00 and increase the revenue estimate by $188,218.00 in accounts to be established by the Acting Director of Finance. Program Operations - Existing activities will continue, planned programs will be implemented, and new programs will be initiated by FDETC's Policy Board and Private Industry Council. 2 o Funding Funds are available from the Grantor agency at no additional cost to the City. Timing - Immediate action will allow programs to be implemented and completed within planned time frames. B. Do not appropriate the FDETC's fundinq for the Title III program totalling $188,218.00. 1. Proqram Operations Planned programs to serve participants would be delayed. 2. Fundinq - Not a factor. 3. Timinq - Delay will cause late start-up of programs and underexpenditure of available funds. RECOMMENDATION Approve Alternative A: Appropriate the FDETC's fundinq for Title III proqram totallinq $188,218.00 and increase the revenue estimate by $188,218.00 in accounts to be established by the Acting Director of Finance. Respectively submitted, W. Robert Herbert City Manager CBG:lr CC: Acting Director of Finance City Attorney Director of Human Development FDETC Administrator MARY F, PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Vir~nia 24011 Telephone: (703) 981-25,~1 SANDRA H. EAKIN Deputy City Clerk August 11, 1993 File #102-514 AHegheny Construction Co., Inc. Lanford Brothers Co., Inc. Robertson Construction Co., Inc. Gentlemen: I am enclosing copy of Ordinance No. 31637-080993 accepting the bid of Branch Highways, Inc., in the amount of $281,558.60, for replacement of two bridges on Centre Avenue and Shenandoah Avenue, N. W.; and rejecting all other bids made to the City for the work. Ordinance No. 31637-080993 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 9, 1993. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on the abovedescribed project. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Erie. MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk August 11, 1993 File #102-514 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 31637-080993 accepting the bid of Branch Highways, Inc., in the amount of $281,558.60, for replacement of two bridges on Centra Avenue and Shenandoah Avenue, N. W.; and rejecting all other bids made to the City for the work. Ordinance No. 31637-080993 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 9, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eric. pc: Michael M. Branch, Vice President, Branch Highways, Inc., P. O. Box 8302, Roanoke, Virginia 24015 Wliburn C. DibHng, Jr., City Attorney James D. Grisso, Acting Director of Finance William F. Clark, Director, Public Works Charles M. Huffine, City Engineer Earl Sturgill, Project Manager Sarah E. Fitton, Construction Cost Technician Kit B. Kiser, Director, Utilities and Operations Barry L. Key, Manager, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of August, 1993. No. 31637-080993. AN ORDINANCE accepting the bid of Branch Highways, Inc. for the replacement of two bridges on Centre Avenue and Shenandoah Avenue, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE follows: 1. IT ORDAINED by the Council of the City of Roanoke as The bid of Branch Highways, Inc., in the total amount of $281,558.60, for the replacement of two bridges on Centre Avenue and Shenandoah Avenue, as more particularly set forth in the August 9, 1993 report of the City Manager to this Council, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered said bidder, which bid is on file in the Office of the City Clerk, be and is hereby ACCEPTED. 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefor and the City's specifications made therefor, said contract to be in such form as is approved by the City Attorney, and the cost of said work to be paid for out of funds heretofore or simultaneously appropriated by Council. 3. Any and all other bids made to the City for the aforesaid work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOK< OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk August 11, 1993 File #60-102-514 James D. Grisso Acting Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 31636-080993 amending and reordaining certain sections of the 1993-94 Capital Fund Appropriations, providing for appropriation of $296,000.00, in connection with award of a contract to Branch Highways, Inc., for replacement of two bridges on Centro and Shenandoah Avenues, N. W. Ordinance No. 31636-080993 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 9, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Ene. pc: W. Robert Herbert, City Mnnng~r William F. Clark, Director, Public Works Charles M. Hufflne, City Engineer Earl Sturgill, Project Maxlager Sarah E. Fitton, Construction Cost Technician Kit B. Kiser, Director, Utilities and Operations Barry L. Key, Manager, Office of Management and Budget ZN THE COUNCZL OF THE CZTY OF ROANOKE, VZRGZNZA The 9th day of August, 1993. No. 31636-080993. AN ORDINANCE to amend and reordain certain sections of the 1993-94 Capital Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1993-94 Capital Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Streets & Bridges Bridges No. 8060 & 8042 Replacement, SE (1) ....... $ 8,449,846 296,000 l) Appropriation from General Revenue (008-052-9628-9003) $ 296,000 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. Roanoke, Virginia August 9, 1993 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of City Council: SUBJECT: BID COMMITTEE REPORT BRIDGE REPLACEMENTS ON CENTRE AND SHENANDOAH AVENUE OVER AN UNNAMED BRANCH, BRIDGE NOS. 8060 AND 8042 I concur with the Bid Committee recommendation relative to the above project and recommend it to you for appropriate action. Sincerely, W. Robert Herbert City Manager WRH/ES/kp CC: City Attorney Director of Finance Director of Public Works Director of Utilities and Operations Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets Honorable Mayor and Members of City Council Roanoke, Virginia (;17'~:~0anoke, Virginia August 9, 1993 Dear Members of City Council: SUBJECT: BID COMMITTEE REPORT BRIDGE REPLACEMENTS ON CENTRE AND SHENANDOAH AVENUE OVER AN UNNAMED BRANCH, BRIDGE NOS. 8060 AND 8042 I. Backqround: II. Bids, following proper advertisement, were publicly opened and read aloud before City Council on Monday, June 28, 1993 for the replacement of the two (2) subject bridges. Four (4) bids were received with Branch Highways, Inc. submitting the low bid in the amount of $337t000.00 with 150 consecutive calendar days for completion. Negotiations with the low bidder has resulted in reducing the base bid by an amount of $14~161.40. Utility Line Services Department has agreed to perform the water utility adjustments as shown on the bid form which has further reduced the base bid by an amount of $41~280.00 thereby lowering the final base bid amount to ~281~558.60. This project represents the second and third highest priority replacement need in the Bridge Inspection/Maintenance/Replacement Program. Funding is available from the accumulated revenues from the utility tax. Since these bridge maintenance projects will facilitate the passage of stormwater, this is a logical use of these funds. Issues: Compliance of the bidders with the requirements of the contract documents. B. Amount of negotiated bid. C. Fundinq for the project. D. Time for completion of the project. III. Alternatives: Award a unit price contract to Branch Highways, Inc. in the amount of $281t558.60 with 150 consecutive calendar days for completion in accordance with the contract documents prepared by Hayes, Seay, Mattern & Mattern, Inc. of Roanoke, Virginia. 1. Compliance of the bidders with the requirements of the contract documents was met. Amount of negotiated bid is 10.8% above the engineer's estimate due to an oversight by the engineer. When that oversight is factored in, the project is actually under the revised estimate. Fundinq is available in account number 001- 004-9310-9508, Transfer to Capital Projects Fund. Time for completion of 150 consecutive calendar days is acceptable because of satisfactory detouring during construction. B. Reject all bids received and do not award a contract at this time. Compliance of the bidders with the requirements of the contract documents would not be an issue at this time. 2. Amount of bid would probably be higher if rebid at a later date. 3. Fundinq would not be an issue at this time. Time for completion would not be an issue, but the existing bridges on Centre and Shenandoah would continue to deteriorate rapidly. IV. Recommendations are that City Council take the following actions: A. Concur with the implementation of alternative "A". Authorize the City Manager to enter into a contractual agreement with Branch Highways, Inc., in a form suitable to the City Attorney, for the replacement of the two (2) subject bridges in accordance with the contract documents in the amount of $281t558.60 with 150 consecutive calendar days for completion. Honorable Mayor and Members of City Council BID COMMITTEE REPORT BRIDGE REPLACEMENTS ON CENTRE AND SHENANDOAH AVENUE August 9, 1993 Page 3 De Appropriate $296t000.00 in the Capital Projects Fund to a new account titled "Bridges No. 8060 and 8042 Replacements" and authorize the Acting Director of Finance to transfer the sum of $296t000.00 from account number 001-004-9310-9508, Transfer to Capital Projects Fund. Contract Amount Contingency (advertisements, utility relocation expenses Utility Line Services, etc.) of $281,558.60 28~441.40 Total Project Amount $310,000.00 Reject all other bids received. ES/kp Attachment: CC: Respectfully submitted, William White, Sr. ~ Chairman William F. Clark Charles M. Hufftr~[; Tabulation of Bids City Attorney Director of Finance Director of Public Works Director of Utilities and Operations Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets Budget Administrator TABULATION OF BIDS BRIDGE REPLACEMENT PROJECT CENTRE AND SHENANDOAH AVENUE BRIDGES ROANOKE, VIRGINIA JOB NO. 6234 AND 6235 Bids opened before City Council on Monday, June 28, 1993 at 2:00 p.m. BIDDER I LUMP SUM Branch Highways, Inc. $337,000.00 Robertson Construction Co., Inc. $338,309.00 Allegheny Construction Company $389,443.00 Lanford Brothers $424,146.00 Estimated Cost: $254,200.00 William White, Sr./ Chairman William F. Clark Charles M. Huff~Yt~, P.E. Office of City Engineer Roanoke, Virginia June 28, 1993 MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk August 11, 1993 File #102-514 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 31639-080993 accepting the bid of Robertson Construction Co., Inc., in the amount of $220,908.00, for repiacement of the Craig- Robertson Road Bridge, upon certain terms and conditions; authorizing the proper City officials to execute the requisite contract for such work; and rejecting all other bids made to the City for the work. Ordinance No. 31639-080993 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 9, 1993. Sincerely, Mary F. Parker, City Clerk MFP: sm Enc. pc: William H. Robertson, President, Robertson Construction Co., Inc., P. O. Box 607, Salem, Virginia 24153 Wflburn C. Dibling, Jr., City Attorney James D. Grisso, Acting Director of Finance William F. Clark, Director, Public Works Charles M. Huffine, City Engineer Earl Sturgill, Project Manager Sarah E. Fitton, Construction Cost Technician Kit B. Kiser, Director, Utilities and Operations Barry L. Key, Manager, Office of Management and Budget MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk August 11, 1993 File #102-514 John W. Douthat, Vice President Allegheny Construction Co., Inc. 2920 Nicholas Avenue, N. E. Roanoke, Virginia 24012 Gentlemen: William D. Gee, President H. & S. Construction Co. P. O. Box 6226 Roanoke, Virginia 24017 I am enclosing copy of Ordinance No. 31639-080993 accepting the bid of Robertson Construction Co., Inc., in the amount of $220,908.00, for replacement of the Craig- Robertson Road Bridge, upon certain terms and conditions; authorizing the proper City officials to execute the requisite contract for such work: and refectin~ all othm- bids made to the City for the work. Ordinance No. 31639-08(J993 was~adopt~ed by t-'t~ Council of the City of Roanoke at a regular meeting held on Monday, August 9, 1993. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on the abovedescribed project. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Zne. IN THE COUNCIL OF THE CITY OF ROANOKE, The 9th day of August, 1993. No. 31639-080993. VIRGINIA, AN ORDINANCE accepting the bid of Robertson Construction Co., Inc. for the replacement of the Craig-Robertson Road Bridge , upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE follows: 1. amount of IT ORDAINED by the Council of the City of Roanoke as The bid of Robertson Construction Co., Inc., in the total $220,908.00, for the replacement of the Craig-Robertson Road bridge, as more particularly set forth in the August 9, 1993 report of the City Manager to this Council, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered said bidder, which bid is on file in the Office of the City Clerk, be and is hereby ACCEPTED. 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefor and the City's specifications made therefor, said contract to be in such form as is approved by the City Attorney, and the cost of said work to be paid for out of funds heretofore or simultaneously appropriated by Council. 3. Any and all other bids made to the City for the aforesaid work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. municipal ordinance In order to provide for the usual daily operation of the government, an emergency is deemed to exist, and this shall be in full force and effect upon its passage. ATTEST: City Clerk. MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk August 11, 1993 File #102-514 Jmnes D. Grisso Acting Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 31638-080993 amending and reordalning certain sections of the 1993-94 Capital Fund Appropriations, providing for appropriation of $232,000.00, in connection with award of a contract to Robertson Construction Co., Inc., for construction of the bridge replacement on Cralg-Robertson Road, S. E. Ordinance No. 31638-080993 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 9, 1993. Sincerely, Mary F. Parker, City Clerk MFP: sm Enc. pc: W. Robert Herbert, City Manager William F. Clark, Director, Public Works Charles M. Huffine, City Engineer Earl Sturgill, Project Manager Sarah E. Fitton, Construction Cost Technician Kit B. Kiser, Director, Utilities and Operations Barry L. Key, Manager, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 9th day of August, 1993. No. 31638-080993. AN ORDINANCE to amend and reordain certain sections of the 1993-94 Capital Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1993-94 Capital Fund Appropriati6ns, be, and the same are hereby, amended and reordained to read as follows, in part: ~poroor~&~io~s Streets & Bridges Bridges No. 8052 Replacement, $ 8,385,846 S.E. (1) ............ 232,000 1) Appropriation from General Revenue (008-052-9627-9003) $ 232,000 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this city Clerk. Roanoke, Virginia August 9, 1993 -5 8:43 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of City Council: SUBJECT: BID COMMITTEE REPORT C~AIG-ROBERTSON ROAD BRIDGE OVER GARNAND BRANCH, REPLACEMENT, BRIDGE NO. 8052 SoEo I concur with the Bid Committee recommendation relative to the above project and recommend it to you for appropriate action. Sincerely, W. Robert Herbert City Manager WRH/ES/kp cc: City Attorney Director of Finance Director of Public Works Director of Utilities and Operations Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets C. IT¥ :' Roanoke, Virginia August .~ 1993 '93 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of City Council: SUBJECT: BID COMMITTEE REPORT CRAIG-ROBERTSON ROAD BRIDGE OVER GARNAND BRANCH, S.E. REPLACEMENT, BRIDGE NO. 8052 I. Background: Bids, following proper advertisement, were publicly opened and read aloud before City Council on Monday, June 28, 1993 for the replacement of the subject bridge. Three (3) bids were Construction Co., Inc. amount of $249t708.00. received with Robertson submitting a low bid in the Negotiations with the low bidder has resulted in reducing the base bid by the amount of $1t500.00. De Utility Line Services department has agreed to perform the water line and sanitary sewer adjustments as shown on the bid form to reduce the contract amount by an additional $27t300.00, thereby giving a final base bid in the amount of $220t908.00. This project represents moving forward with the highest priority need in the Bridge Inspection/ Maintenance/Replacement Program. Funding is available from the accumulated revenues from the utility tax. Since this bridge maintenance project will facilitate the passage of stormwater, this is a logical use of other funds. II. Issues: A. Compliance of the bidders with the requirements the contract documents. B. Amount of negotiated bid. C. Funding for the project. of Honorable Mayor and Members of City Council CRAIG-ROBERTSON ROAD BRIDGE OVER GARNAND BRANCH, Page 2 August 9, 1993 D. Time for completion of the project. III · Alternatives: Ae Award a unit price contract to Robertson Construction Co., Inc. in the amount of $2207908.00 with 120 consecutive calendar days for completion of the project in accordance with the contract documents prepared by Mattern & Craig, Inc. of Roanoke, Virginia. 1. Compliance of the bidders with the requirements of the contract documents was met. Amount of negotiated contract is five percent (5%) greater than the engineer's estimate and is acceptable. Funding is available in account number 001- 004-9310-9508, Transfer to Capital Projects Fund. Time for completion of 120 consecutive calendar days is acceptable because of satisfactory traffic detouring during construction. Be Reject all bids and do not award a contract at this time. Compliance of the bidders with the requirements of the contract documents would not be an issue at this time. Amount of bid would probably increase if re- bid at a later date. 3. Funding would not be an issue at this time. Time for completion would not be an issue, but the existing structure on Craig-Robertson Road would continue to deteriorate rapidly. Honorable Mayor and Members of City Council CRAIG-ROBERTSON ROAD BRIDGE OVER GARNAND BRANCH, Page 3 August 9, 1993 SeE. IV. Recommendations are that City Council take the following actions: A. Concur with the implementation of alternative "A". Authorize the City Manager to enter into a contractual agreement, in a form suitable to the City Attorney, with Robertson Construction Co., Inc. for the replacement of the Craig-Robertson Road bridge in accordance with the contract documents in the negotiated amount of $220t908.00 with 120 consecutive calendar days for completion. Ce Appropriate $232,000 to a new account in the Capital Projects Fund titled "Bridge No. 8052 Replacement, S.E.", and authorize the Acting Director of Finance to transfer the sum of $232,000.00 from account number 001-004-9310-9508, Transfer to Capital Projects Fund. Contract Amount Contingency (advertisements, utility relocation expenses of Utility Line Services, etc.) $220,908.00 23f092.00 Total Project Amount $244,000.00 D. Reject all other bids received. Respectfully submit~d, William White, SrO, Chairman William F. Clark Charles M. H~fftn~ ES/kp Honorable Mayor and Members of City Council CRAIG-ROBERTSON ROAD BRIDGE OVER GARNAND BRANCH, Page 4 August 9, 1993 Attachment: Tabulation of Bids CC: City Attorney Director of Finance Director of Public Works Director of Utilities and Operations Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets Budget Administrator TABULATION OF BIDS CRAIG-ROBERTSON ROAD BRIDGE REPLACEMENT ROANOKE, VIRGINIA JOB NO. 6233 Bids opened before City Council on Monday, June 28, 1993 at 2:00 9.m. BIDDER I LUMP SUM Robertson Construction Co., Inc. $249,708.00 Allegheny Construction, Inc. $280,715.00 H. & S. Construction Company $302,965.00 Estimated Cost: $210,000.00 William White, Sr/, Chairman William F. Clark ~s% ~ P · E. Office of City Engineer Roanoke, Virginia June 28, 1993 MARY F. PARKER City Clerk, CMC/AAE CiTY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Roorn 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk August 11, 1993 File #27 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 31641-080993 accepting the bid of E. C. Pace Company, Inc., in the amount of $20,520.00, for replacement of the Liberty Road sanitary sewer line, upon certain terms and conditions; authorizing the proper City officials to execute the requisite contract for such work; and rejecting all other bids made to the City for the work. Ordinance No. 31641-080993 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 9, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc: David R. Conner, Vice President, E. C. Pace Company, Inc., P. O. Box 12685, Roanoke, Virginia 24027 Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Acting Director of Finance Wfltt~rn F. Clark, Director, Public Works Charles M. Huffine, City Engineer Philip C. Schirmer, Project Manager Sarah E. Fitton, Construction Cost Technician Kit B. Kiser, Director, Utilities and Operations Steven L. Walker, Manager, Water Pollution Control Plant Jesse H. Perdue, Jr., Manager, Utility Line Services Barry L. Key, Manager, Office of Management and Budget MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, V/r/inia ~1011 Telephone: (703) 981-2541 SANDRA H. FA. KIN Deputy City Clerk August 11, 1993 File #27 Aaron J. Conner General Contractor, Inc. S. C. Rossi and Company, Inc. J. P. Turner and Brothers, Inc. Gentlemen: I am enclosing copy of Ordinance No. 31641-080993 accepting the bid of E. C. Pace Company, Inc., in the amount of $20,520.00, for replacement of the Liberty Road sanitar~ sewer line, upon certain terms and conditions; authorizing the proper City officials to execute the requisite contract for such work; and rejecting all other bids made to the City for the work. Ordinance No. 31641-080993 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 9, 1993. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on the abovedescribed project. Sincerely, Mary F. Parker, City Clerk MFP: sm Enc o IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of August, 1993. No. 31641-080993. AN ORDINANCE accepting the bid of E.C. Pace Company, Inc. for the replacement of the Liberty Road sanitary sewer line, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE follows: 1. IT ORDAINED by the Council of the City of Roanoke as The bid of E.C. Pace Company, Inc., in the total amount the Liberty Road sanitary of $20,520.00, for the replacement of sewer line, as more particularly set forth in the August 9, 1993 report of the City Manager to this Council, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered said bidder, which bid is on file in the Office of the City Clerk, be and is hereby ACCEPTED. 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefor and the City's specifications made therefor, said contract to be in such form as is approved by the City Attorney, and the cost of said work to be paid for out of funds heretofore or simultaneously appropriated by Council. 3. Any and all other bids made to the City for the aforesaid work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. In order to provide for the Usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk August 11, 1993 File #60-27 James D. Orisso Acting Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 31640-080993 amending and reordninlng certain sections of the 1993-94 Sewage Fund Appropriations, providing for the appropriation of $23,520.00, from Sewer Fund Retained Earnings to Liberty Road Sanitary Sewer Replacement, in connection with award of a contract to E. C. Pace Company, Inc., for construction of the Liberty Road sanitary sewer line. Ordinance No. 31640- 080993 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 9, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc o pc: W. Robert Herbert, City Manager William F. Clark, Director, Public Works Charles M. Hufflne, City Engineer Philip C. Schirmer, Project Manager Sarah E. Fitton, Construction Cost Technician Kit B. Kiser, Director, Utilities and Operations Steven L. Walker, Manager, Water Pollution Central Plant Jesse H. Perdue, Jr., Manager, Utility Line Services Barry L. Key, Manager, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 9th day of August, 1993. No. 31640-080993. AN ORDINANCE to amend and reordain certain sections of the 1993-94 Sewage 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 1993-94 Sewage Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Capital Outlay from Revenue Liberty Road Sanitary Sewer Replacement (1) ....... $ 1,592,355 23,520 Retained Earninae Retained Earnings - Unrestricted (2) .............. 15,683,568 1) Appropriation from General Revenues 2) Retained Earnings - Unrestricted (003-056-8462-9003) $ 23,520 (003-3336) (23,520) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke, virginia August 9, 1993 '93 ,!!/1_ 29.~!~, "~, ~ Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of City Council: SUBJECT: BID COMMITTEE REPORT CITY OF ROANOKE LIBERTY ROAD SANITARY SEWER REPLACEMENT ROANOKE, VIRGINIA I concur with the Bid Committee recommendations relative to the above projects and recommend it to you for appropriate action. Sincerely, W. Robert Herbert City Manager WRH/PCS/fm Attachment: Bid Committee Report cc: City Attorney Director of Finance Director of Public Works Director of Utilities and Operations Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets Manager, Water Pollution Control Plant Manager, Utility Line Services Budget Administrator Roanoke, Virginia August 9, 1993 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of City Council: SUBJECT: BID COMMITTEE REPORT CITY OF ROANOKE LIBERTY ROAD SANITARY SEWER REPLACEMENT ROANOKE, VIRGINIA I. Backqround ae Bids, following proper advertisement, were publicly opened and read aloud before the City Council on July 12, 1993, for the replacement of an existing 15" sanitary sewer located on Liberty Road, N.E., between Ridgefield Street and the Norfolk Southern Railroad. Four (4) bids were received with E.C. Pace Company, Inc., of Roanoke, Virginia, submitting the low bid in the amount of $20~520.00 and thirty (30) consecutive calendar days. The work consists of excavation, pipe replacement, backfill and paving. This work cannot effectively be performed by City forces due to the excessive depth of the sewer line. II. Issues: A. Compliance of bidders contract documents. B. Amount of the low bid. C. Fundinq for the project. D. Time of completion. with the requirements of the III. Alternatives: Award a unit price contract to E.C. Pace Company, Inc., of Roanoke, Virginia, in the amount of $20,520.00 and thirty (30) consecutive calendar days for the replacement Honorable Mayor and Members of City Council BID COMMITTEE REPORT LIBERTY ROAD SANITARY SEWER REPLACEMENT Page 2 August 9, 1993 of the Liberty Road sanitary sewer in accordance with the contract documents. Compliance of the bidders with the requirements of the contract documents was satisfied. Amount of the bid is acceptable. The low bid is 24% above the project estimate of $16~500.00. The increased cost is attributable to difficult site conditions and a limited scope of work. 3. Funding for the project is available in Sewer Fund Retained Earnings to fund this contract. 4. Time of completion is thirty (30) consecutive calendar days, which is acceptable. B. Reject all bids and do not award a contract at this time. 1. Compliance of the bidders with the requirements of the contract documents would not be an issue. 2. Amount of the bid would probably increase if rebid at a later date. 3. Fundinq would not be encumbered at this time. 4. Time of completion would be extended. Recommendation is that City Council take the following action: A. Concur in the implementation of Alternative "A". Authorize the City Manager to enter into a contractual agreement', in a form approved by the City Attorney, with E.C. Pace Company, Inc., of Roanoke, Virginia, for the replacement of the Liberty Road sanitary sewer in accordance with the contract documents and in an amount of $20~520.00 and thirty (30) consecutive calendar days. Honorable Mayor and Members of City Council BID COMMITTEE REPORT LIBERTY ROAD SANITARY SEWER REPLACEMENT Page 3 August 9, 1993 ADDroDriate $23,520.00 from Sewer Fund Retained Earnings to a new account entitled Liberty Road Sanitary Sewer Replacement. The contract contingency amount noted below will provide for a 10 percent contract contingency and approximately $ 1,000.00 in advertising expenses already incurred. Contract Amount Contingency 20,520 3~000 23,520 D. Reject the other bids received. Respectfully Submitted, William -White, Sr. ,/Chairman Steven L. Walker PCS/fm Attachment: Tabulation of Bids cc: City Attorney Director of Finance Director of Public Works Director of Utilities and Operations Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets Manager, Water Pollution Control Plant Manager, Utility Line Services Budget Administrator TABULATION OF BIDS CITY OF ROANOKE LIBERTY ROAD SANITARY SEWER REPLACEMENT ROANOKE, VIRGINIA JOB NO. 6247 Bids opened before City Council on Monday, July 12, 1993, at 7:30 p.m. BIDDER BASE BID TIME* BOND E. C. Pace Company, Incorporated $20,520.00 30 Yes J. P. Turner & Brothers, Incorporated $23,010.00 30 Yes S. C. Rossi & Company $27,580.00 30 Yes Aaron J. Conner $39,550.00 30 Yes * Consecutive Calendar Days Estimated Cost: $16,500.00 William White, Sr. ~ Chairman even L. Walker Office of the City Engineer Roanoke, Virginia July 26, 1993 MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk August 11, 1993 File #2-27-28-77-207-330-468 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 31644-080993 accepting the bid of S. R. Draper Paving Company, in the amount of $815,350.00, for Blue Hills Circle, N. E. improvements, upon certain terms and conditions; authorizing the proper City officials to execute the requisite contract for such work; and rejecting all other bids made to the City for the work. Ordinance No. 31644-080993 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 9, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eric. pc: M. Wayne Hylton, Jr., Vice President, S. R. Draper Paving Company, 4742 Old Rocky Mount Road, S. W., Roanoke, Virginia 24014 Wflburn C. Dibling, Jr., City Attorney James D. Grisso, Acting Director of Finance William F. Clark, Director, Public Works Charles M. Huffine, City Engineer John A. Peters, Project Mnn,*ger Sarah E. Fitton, Construction Cost Technician Phillip F. Sparks, Acting Chief, Economic Development Kit B. Kiser, Director, Utilities and Operations Barry L. Key, Manager, Office of Management and Budget MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virs~nia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk August 11, 1993 File #2-27-28-77-207-330-468 Wilson L. Dickerson, Jr. Vice President W. C. English, Inc. P. O. Box 191 Altavista, Virginia 24517 Dear Mr. Diekerson: I am enclosing copy of Ordinance No. 31644-080993 accepting the bid of S. R. Draper Paving Company, in the amount of $815,350.00, for Blue Hills Circle, N.E. improvements, upon certain terms and conditions; authorizing the proper City officials to execute the requisite contract for such work; and rejecting all other bids made to the City for the work. Ordinance No. 31644-080993 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 9, 1993. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on the abovedescribed improvements. Sincerely, Max~r F. Parker, CMC/'AAE City Clerk MFP: sm Eric. IN THE COUNCIL OF THE CITY OF The 9th day of August, 1993. No. 31644-080993. ROANOKE, VIRGINIA, AN ORDINANCE accepting the bid of S.R. Draper Paving Company for Blue Hills Circle improvements, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE follows: 1. IT ORDAINED by the Council of the City of Roanoke as The bid of S.R. Draper Paving Company, in the total amount of $815,350.00, for Blue Hills Circle improvements, as more particularly set forth in the August 9, 1993 report of the City Manager to this Council, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered said bidder, which bid is on file in the Office of the City Clerk, be and is hereby ACCEPTED. 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefor and the City's specifications made therefor, said contract to be in such form as is approved by the City Attorney, and the cost of said work to be paid for out of funds heretofore or simultaneously appropriated by Council. 3. Any and all other bids made to the City for the aforesaid work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. municipal ordinance shall be In order to provide for the usual daily operation of the government, an emergency is deemed to exist, and this in full force and effect upon its passage. ATTEST: City Clerk. MARY F. PARKER City Clerk, CMC/AAE 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 August 11, 1993 File #60-2-27-28-77-207-330-468 James D. G~isso Acting Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 31643-080993 amending and reordaihing certain sections of the 1993-94 Capital Projects Fund Apprep~iations, providing for the transfer and appropriation of certain funds, in connection with construction of Blue Hills Circle, N. E. improvements. Ordinance No. 31643-080993 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 9, 1993. Sincerely, Mater F. Parker, CMC/AAE City Clerk MFP: sm Enc. W. Robert Herbert, City Manager William F. Clark, Director, Public Works Charles M. Huffine, City Engineer John A. Peters, Preject Manager Sarah E. Fitton, Constrniction Cost Technician Phillip F. Sparks, Acting Chief, Economic Development Kit B. Kiser, Director, Utilities and Operations Barry L. Key, Manager, Office of Management and Budget ~N THE COUNCIL OF THE CITY OF ROANOKE, VIR~N~ The 9th day of August, 1993. No. 31643-080993. AN ORDINANCE to amend and reordain certain sections of the 1993-94 Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1993-94 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Government Blue Hills Circle Improvements (1-2) .............. $ RCIT Additions - Property (3) ..................... Due from State (4) ................................ $ Due from Transkrit (5) ............................ 856,118 3,052,842 306,000 131,460 1) Appropriations from General Revenue 2) Appropriations from State 3) Appropriations from General Revenue 4) Due from State - VDOT-Blue Hills Circle 5) Due from Transkrit (008-052-9642-9003) $ 550,118 (008-052-9642-9007) 306,000 (008-052-9829-9003) (418,658) (008-1306) 306,000 (008-1307) 131,460 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk August 11, 1993 File {{60-2-27-28-77-207-330-468 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31642-080993 authorizing execution of a contract with the VirgJn/~ Department of Transportation in order to enable the City to receive an allocation, in the amount of $308,000.00, in State Industrial Access Funds, to assist in providing access to the Transkrit Corporation site and future industrial sites within the Roanoke Centre for Industry and Technology, upon certain terms and conditions. Resolution No. 31642-080993 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 9, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc: M. Scott Hollis, Urban Engineer, Virginia Department of Transportation, 1401 E. Broad Street, Richmond, Virginia 23219 Wflburn C. Dibling, Jr., City Attorney James D. Grisso, Acting Director of Finance WtlH~,m F. Clark, Director, Public Works Charles M. Hufflne, City Engineer John A. Peters, Project Manager Sarah E. Fitton, Construction Cost Technician Phillip F. Sparks, Acting Chief, Economic Development Kit B. Kiser, Director, Utilities and Operations IN THE COUNCIL OF THE CITY OF ROANOKE, The 9th day of August, 1993. No. 31642-080993. VIRGINIA, A RESOLUTION authorizing the execution of a contract with the Virginia Department of Transportation in order for the City to receive industrial access funds to provide industrial access to the Transkrit Corporation site and future industrial sites within the Roanoke Centre for Industry and Technology. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager or the Assistant City Manager is hereby authorized to execute, for and on behalf of the City, and the City Clerk is authorized to attest, the requisite contract between the City and the Virginia Department of Transportation, to enable the City to receive an allocation of $306,000 in State Industrial Access Funds to assist in providing access to the Transkrit Corporation site and future industrial sites within the Roanoke Centre for Industry and Technology, upon such terms and conditions as are deemed appropriate by the City Manager, said agreement to be in such form as is approved by the City Attorney. ATTEST: City Clerk. '93 P?:12 Honorable Hayor and ~embers of City Council City of Roanoke, Virginia Roanoke, Virginia August 9, 1993 Dear Members of City Council: SUBJECT: BID COMMITTEE REPORT BLUE HILLS CIRCLE, N.E. CONSTRUCTION CONTRACT AWARD, EASEMENT ACQUISITION AND CITY-STATE AGREEMENT I. Backqround: ae Transkrit Corporation purchased a parcel of land in the Roanoke Centre for Industry and Technology (RCIT) to construct a corporate headquarters and manufacturing facility. The City of Roanoke must provide roadway, sanitary sewer and water to the site. Be The Vlrqinia Transportation Board approved $306,000 in Industrial Access Funds for extension of the roadway to serve Transkrit and future industrial sites in RCIT in June 1993. Prior to administering these funds, the City must enter into a City-State Agreement with the Virginia Department of Transportation (VDOT). The City will be reimbursed for all eligible expenditures when the project is complete. II. Current Situation: A. Bids were received on July 12t 1993 from the following contractors: 1. S. R. Draper Paving Company $880,898.00 2. W. C. English, Inc. $888,611.50 * Revised Estimate: .$795t000.00 Section 23.1-14(c) allows negotiation only if all bids exceed available funds. Since all bids exceeded available funds, City staff neqotiated with the lo1¢ bidder to reduce the overall project cost as follows: 1. Base Bid: 2. Allow 30 additional days 3. Eliminate Landscaping 4. Relocate Sanitary Sewer 5. Eliminate Unclassified soil 6. New Base Bid $ 880t898.00 ( 7,500.00) (25,448.00) ( 26,000.00) . ( 6,600.00) $ 815,350.00 Honorable Mayor and Members of City Council BID COMMITTEE REPORT BLUE HILLS CIRCLE PROJECT Page 2 August 9, 1993 C. The sanitary sewer relocation will require the acquisi- tion of an easement from Transkrit Corporation. III. Issues: A. Cost B. Timtnq C. Fundinq IV. Alternatives: Authorize the City Manaqer to execute a unit price contract in a form approved by the City Attorney with S. R. Draper Paving Company in the amount of $815t350.00 with a contingency of $40~768.00 and to execute a City- State Agreement with VDOT in a form approved by the City Attorney to achninister $306t000.00 in Industrial Access Funds. 1. Cost is $24~771.00 (counting contingency) below the original bid of $880,898.00. 2. Tlminq for completion of the project has been extended by a minimum of 30 days. Fundinq is available from Industrial Access Funds, Transkrit Land Sale Proceeds, and existing Capital Funds. B. Reject all bids and rebid. 1. Cost would be competitively bid. 2. Timinq could not be met for opening of Transkrit's facility. 3. Fundlnq is available. Honorable Mayor and Members of City Council BID COMMITTEE REPORT BLUE HILLS CIRCLE PROJECT Page 3 August 9, 1993 V. Recommendation: Alternative A Authorize the City Manager to execute a City-State Agreement with VDOT to administer $306~000.00 in Industrial Access Funds, and instruct the Acting Director of Finance to set up an account receivable in the amount of $306,000.00 and appropriate $306,000.00 to a new account to be established entitled Blue Hills Circle Improvements. W-W/JAP/fm cc: Authorize the City Manager to execute a unit-price contract with S. R. Draper Paving Company for Blue Hills Circle Improvements in the negotiated amount of $815,350.00 with a five percent (5%) project contingency of $40~768.00, and appropriate $131~460.00 from Transkrit Land Sales and transfer $418~658.00 from Capital Fund account 008-052-9629, RCIT Addition - Property, to a new account to be established entitled Blue Hills Circle Improvements. Total appropriations equal $856~118.00. Respectfully submitted, William F. Clark Kit B . Kiser City Attorney Acting Director of Finance Director of Public Works Director of Utilities and Operations Chief, Economic Development Manager, Office of Management & Budget City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk August 11, 1993 File #28-67-112-330-468-514 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 31645-080993 authorizing execution of a deed of easement g'~anting the Chesapeake and Potomac Telephone Company a public utility easement on the south side of Riverland Road, S. E., approximately 330 feet west of 9th Street, S. E., upon certain terms and conditions. Ordinance No. 31645- 080993 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 9, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc: Michael J. King, Engineering Assistant, C & P Telephone Company of Virginia, 4843 Oakland Boulevard, N. E., Roanoke, Virginia 24012 Art Buehler, Division Director, Virginia Department of Conservation and Recreation, Division of Planning and Recreation Resources, 203 Governor Street, Suite 326, Richmond, Virginia 23219-2010 Jerry L. Casaidy, Grants Administrator, Department of Conservation and Recreation, Division of plamnlng and Recreation Resources, 203 Governor Street, Suite 326, Richmond, Virginia 23219-2010 Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Acting Director of Finance W. Robert Herbert, City Manager August 11, 1993 Page 2 pc: William F. Clark, Director, Public Works Charles M. Huffine, City Engineer Richard V. Hamilton, Real Estate Agent George C. Snead, Jr., Director, Public Safety Lynnis B. Vernon, Acting Manager, Parks, Recreation Maintenance Kit B. Kiser, Director, Utilities and Operations Jesse H. Perdue, Jr., Manager, Utility Line Services and Grounds IN THE COUNCIL OF THE CITY OF ROANOKE, The 9th day of August, 1993. No. 31645-080993. VIRGINIA, AN ORDINANCE authorizing the execution of a deed of easement granting the Chesapeake & Potomac Telephone Company ("C&P") a public utility easement on the south side of Riverland Road, S.E., upon certain terms and conditions; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, a deed of easement granting C&P a 20' by 20' public utility easement on the south side of Rlverland Road, S.E., approximately 330' west of 9th Street, S.E., upon certain terms and conditions, as more particularly set forth in the report to this Council dated August 9, 1993. 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. Roanoke, Virginia August 9, 1993 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: C & P Telephone Company Easement Riverland Road, S.E. The attached report was considered by the Water Resources Committee at its meeting on July 26, 1993. The Committee recommends that Council authorize the dedication of a public utility easement on Riverland Road, S.E., in accordance with conditions stated in the attached report. Elizabeth T. Bowles, Chairman Water Resources Committee WRH:KBK:afm Attachment cc: City Manager City Attorney Acting Director of Finance Director of Utilities & Operations Director of Public Safety Acting Manager, Parks, Recreation & Grounds Maintenance INTERDEPARTMENTAL COMMUNICATION DATE: TO: FROM: SUBJECT: July 26, 1993 Members,mWater Resources Committee K r, Uti.ti.., Op.ration., W. Robert Herbert~ty Manager C&P TELEPHONE CO. (C&P) EASEMENT RIVERLAND ROAD, S.E. thru I. Backqround: ae Improvement and modernization of C&P Telephone services in the Riverland Road/9th Street, S.E. area requires the siting of an equipment cabinet near the intersection of the two streets. II. Current Situation: Location of equipment cabinet on an unused (hillside) portion of Mill Mountain Park along Riverland Road, S.E., adjacent to an existing C&P manhole would be ideal and has been requested by C&P (see attached letter and maps). Be Department of Parkst Recreation and Grounds Maintenance has no objections to the proposed location of the equipment cabinet. Ce Mill Mountain Park property at this location was purchased with grant funds. State Division of Planning and Recreation Resources has reviewed the proposal and approved it (see attached letters). III. Issues: A. Need B. Timing IV. Alternatives: ae Committee recommend to City Council that it authorize the dedication of a 20 foot by 20 foot public utility easement on the south side of Riverland Road, S.E. approximately 330 feet west of 9th Street, S.E. (see attached map). Water Resources Committee RE: C&P Telephone Company July 26, 1993 Page 2 2. is met. B. Committee not recommended to City Council that it authorize the public utility easement to C&P. 1. Need by petitioner for easement is not met. 2. Timinq to permit project to start is disrupted. Need by C&P for the easement is met. Timinq to permit C&P to begin installation this Spring We Recommendation: Committee recommend to City Council that it authorize the dedication of a public utility easement on Riverland Road, S.E. in accordance with Alternative "A". KBK/RVH/fm CC: City Attorney Director of Finance Director of Administration & Public Safety Acting Manager, Parks, Recreation & Grounds Maintenance COMMONWEALTH o[ VIRGINIA DEPARTMENT OF CONSERVATION AND RECREATION DIVISION OF PLANNING AND RECR£ATION RFSOURCES Art Buehler, Division Director 203 Governor Street, Suite 326 TDD (804) 786-2121 Richmond. Virginia 23219-~'010 (804) 786-2556 July 2, 1993 FAX: ~80q) 786-6141 Mr. Richard V. Hamilton Right of Way Agent City of Roanoke 215 Church Avenue, S.W. Room 350 Roanoke, Virginia 24011 51-00021-93 Dear Mr. Hamilton: I am responding to your letter which was sent to .Mr. Art Buehler concerning an easement on Mill Mountain Park, project # 51-00021. After reviewing the supporting information enclosed with your letter and the additional clarifying information provided by telephone, we concur that the easement will not adversely impact on the park. Please ensure that all of the easement work will be completed in an aesthetically pleasing manner, including buffering plants and shrubbery. When the easement is completed, notify our office, so we can make our on-site inspection when we are in the area. cc: Art Buehler Jerry L. Cassidy, CLP Grants Administrator C05798/PRR Office o! the City Engineer May 14, 1993 Mr. Art Buehler, Director Division of Planning and Recreation Resources 203 Governor Street, Suite 326 Richmond, Virginia 23219-2010 RE: C&P EASEMENT ON MILL MOUNTAIN PARK Dear Mr. Buehler: The City has been requested by CaP Telephone Company to grant them a 20' x 20' public utility easement on the northerly end of Mill Mountain Park. This area was purchased with grant funds Land and Water Conservation funds, I believe. Please note the attached infoL~aation submitted by C&P and additional mapping. The City, including the Department of Recreation and Grounds, has no problem with the granting of this easement. This end of the park/mountain, the river end, is extremely steep and offers very little utility for park or recreational uses. Its usefulness is for open space. The easement area, immediately adjacent to the street right of way, does not adversely impact that use. This is to ask that you concur with C&P's request to place the easement on Park proper~y. Thank you for your cooperation and assistance. provide additional information, please let me know. If we can Sincerely, Richard v. Hamilton Right of Way Agent RVH/kp CC: Lynnis Bo Vernon, Acting ~anager, Parks and Grounds Michael Jo King, Engineering Assistant, C&P Telephone Company Roam 3~i), Munlci~at auildln~ 215 Church Avenue, S.W Roanoke Virginia 2401 t ! 5~ ? (703) 9~t 2731 A ~ ~ Comoany ©ClP 'lblephone C&P Telephone Company of Virginia 4843 Oakland Boulevard, N.E. Roanoke, Virginia 24012 May 3, 1993 93 Mr. Richard Hamilton Right-of-Way Agent 215 Church Ave., S. W. Room 350 Roanoke, Virginia 24011 Dear Mr. Hamilton: Enclosed is a drawing of a proposed easement on Riverland Road S. E. near 9th Street S. E., we talked about in February of this year and our easement form. As the easement form states, we at C&P Telephone Company will pay for relocation of the system if deemed necessary by the City of Roanoke. We also need to utilize the existing easement to Pole 3503-I for conduit used to serve the proposed mini-hut. After clearing of brush and trees needed to do our work, we will terrace the bank using treated luther and plant shrubs to minimize the environmental impact at this proposed site. Thank you for your consideration in this matter and if you have any questions or concerns, please call me on 703-982-4934. Very truly yours, Michael J. King Engineering Assistant 42-103-(6-90) SHEET ~ Or ~ This Deed of Easement, made this __ day of between THE CHESAPEAKE AND POTOMAC TELEPHONE COMPANY 19 , VIRGINIA, hereinafter called ~ and City of Roanoke successors or assigns hereinafter called "__~j~. WZTNESSETH Received of THE CHESAPEAKE AND POTOMAC TELEPHONE COMPANY OF VIRGINIA One Dollar ($1.00) in consideration of which the undersigned hereby grant and convey unto said Company, its successors, assigns, lessees and agents, a right of way and easement to construct, operate, maintain, replace and remove a communication system consisting of such buried cables, buried wires', posts, terminals, location markers, and other appurtenances, as the grantees may from time to time require, upon under, across, and over the land which the undersigned own or in which the undersigned have any interest; said land being located in Uhe of Roanoke , ~ " City ,. and State of Virginia, and upon, under, along and over the roads, streets and highways adjoining the said land, together with the following rights: Of ingress and egress over, under and across the lands of the undersigned to and from said systems for the purpose of exercising Gl rights herein granted; to open and close fences, cut dowry' and kelp Cut' down all trees and undergrowth within feet of said system: and to carry in said system the wires, cables, circuits &nd appurtenances of any o~her company; including all elect:tic wires. Said easement being located and described on said land as follows: cap Telephone Co. of VA. to ' ' ' public utility easement located in accord '------------------- et S. ' Riverland Road., S. E. near 9th Stre easement to pole 3503-I. CaP Tele hone Com an further relocation of said system if deemed necessary by the City of Roanoke. sheet ~ ,, oF ~ Witness _ of , 19~. hand and seal this Grantor Grantor day .(Seal) .(Seal) State of virginia, To Wit: Virginia--in that ~ whose name and for the a Of the State of aforesaid, oo hereby certify signed to the within writing - , 19 has bearing date on the . day of acknowledged the same before me in my and State aforesaid. Given under my hand this 19 Notary Publio My commission expires day of day of , ., 19 state of Virginia, of ' To Wit: virginia, in and for the ~hat~ a of the State of aforesaid, do hereby certify whose name day o~ bearing date on the acknowledged the same before me l~--my _ and State aforesaid. ..., 19 has Notary Public My commission expires .. day of~- ' _, 19 MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk August 11, 1993 File #2-188-488-514 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 31846-080993 providing for sale and conveyance of Lots 1 through 6, Waverly Place, Official Tax Map Nos. 4230301,4230302, 4230303, 4230304, 4230305 and 4230308, owned by the City, located on an unopened portion of Gladstone Avenue, S. E., to David A. Turner for the consideration of $550.00, with all costs incident to the transfer of title to said land being paid by the purchaser. Ordinance No. 31646-080993 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 9, 1993. Sincerely, blary F. Parker, City Clerk MFP: sm Enc. pc: David A. Turner, 1433 Gladstone Avenue, S. E., Roanoke, Virginia Wilburn C. DibHng, Jr., City Attorney James D. Grisso, Acting Director of Finance William F. Clark, Director, Public Works Charles M. Huffine, City Engineer Richard V. Hamilton, Real Estate Agent Lynhis B. Vernon, Acting Manager, Parks, Recreation and Grounds Maintenance Kit B. Kiser, Director, Utilities and Operations D. Darwin Roupe, Manager, General Services 24013 IN THE COUNCIL OF THE CITY OF ROANOKE, The 9th day of August, 1993. No. 31646-080993. VIRGINIA, AN ORDINANCE providing for the sale and conveyance of six lots owned by the City and located on an unopened portion of Gladstone Avenue, S.E.; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The offer of David A. Turner to purchase Lots 1 through 6, Waverly Place, Official Tax Map Nos. 4230301, 4230302, 4230303, 4230304, 4230305 and 4230306, owned by the City, lying in this City on an unopened portion of Gladstone Avenue, S.E., for the consideration of $550.00 is ACCEPTED. All costs incident to the transfer of title to this land shall be paid by the purchaser. 2. The City Manager and the City Clerk are authorized, for and on behalf of the City, to execute, seal and attest, respectively, a quitclaim deed, in form approved by the City Attorney, releasing the City's interest in said real estate, to be tendered to the purchaser upon his payment to the City of the $550.00 purchase price, as set forth in the report and attachments to this Council dated August 9, 1993. ATTEST: City Clerk. Roanoke, Virginia ~93 .'t~- 27 '~ '~ August 9, 1993 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Sale of Surplus City-owned Property, Lots thru 6, Waverly Place The attached report was considered by the Water Resources Committee at its meeting on July 26, 1993. The Committee recommends that Council authorize the sale of Lots 1 thru 6, Waverly Place, to David A. Turner for $550.00, in accordance with conditions stated in the attached report, to include the requirement for Mr. Turner to prepare, or cause to be prepared, the appropriate legal documents necessary to transfer title in a form acceptable with the City Attorney. Respectfully submitted, Water Resources Committee WRH:KBK:afm Attachment cc: City Manager City Attorney Acting Director of Finance Director of Utilities & Operations Director of Public Works Manager, Grounds Maintenance Manager, General Services David A. Turner CITY OF ROANOKE Interdepartmental Communication DATE: July 26, 1993 TO: FROM: ,, Water Resources Co~ittee t-Mg. Klser thru Mr. Herbert SUBJECT: Sale of Surplus City-owned Property, Waverly Place Lots 1 thru 6, I. Background: Water Resources Committee (WRC) considered the staff recommendation that the six (6) referenced lots located on an unopened portion of Gladstone Avenue, S.E., be declared surplus and so recommended to City Council. Be City Council declared the lots surplus to the City's needs upon receiving the Water Resource Committee's recommendation by Ordinance No. 31503- 060793 and authorized the City staff to advertise them for sale to the highest bidder under certain terms and conditions. II. Current Situation: The six (6) lots were advertised for sale by the Department of General Services and one (1) bid was received from the property owner located immediately to the east of the lots. Bid: Bidders Name: Address: $550.00 David A. Turner 1433 Gladstone Avenue, III. Issues: A. Need B. Timing Members, Page 2 July 26, Water Resources Committee 1993 C. Income to City D. Liability IV. Alternatives: Committee recommend to City Council that it authorize the sale of Lots 1 thru 6, Waverly Place, Official Tax Numbers 4230301, 4230302, 4230303, 4230304, 4230305, and 4230306 to David A. Turner, 1433 Gladstone Avenue, $.E., for $550.00, with legal documentation to transfer title to be prepared by the City Attorney. Need by City to return surplus real estate to tax rolls is met. Timing to accomplish sale as soon as possible is met. 3. Income to City is $550.00. Liability involved in ownership of property that has a high, unprotected, vertical rock cut on it is removed. Committee not recommend to City Council that it authorize the sale of Lots 1 thru 6, Waverly Place, to David A. Turner for $550.00. 1. Need to return lots to tax rolls is not met. 2. Timing to accomplish sale quickly is not met. 3. Income to City is zero. Liability involved with ownership of property that has a high, unprotected, vertical rock cut remains with the City. Recommendation: Committee recommend to City Council that it authorize the sale of Lots 1 thru 6, Waverly Place, to David A. Turner for $550.00 in accordance with Alternative "A". Members, Water Resources Committee Page 3 July 26, 1993 KBK/RVH/kp Attachn~ent cc: City Attorney Director of Finance Director of Public Works Manager, Grounds Maintenance Manager, General Services BID FORM FOR THE SALE OF CITY OWNED REAL ESTATE To the City of Roanoke, Virginia: The undersigned offers and agrees to purchase from the City of Roanoke identified purplus real estate, in accordance with all terms, conditions and specifications as follows: Lots 1-6, Waverly Place Official Tax Nos. 4230301, 4230302, 4230303, 4230304, 4230305 and 4230306. Bid Price $ ,ELE ,O,E ,0. MARY F. PARKER City Clerk, CMC/A.AE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W,, Room 4~6 Roanoke, Vir~nia 24011 Telephone: (703) 9~1-2541 SANDRA H. EAKIN Deputy City Clerk June 10, 1993 File #2-166-468 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31503-060793 declaring City-owned property, identified as Lots 1 through 6, Block 3, Map of Waveriy Place, bearing Official Tax Nos. 4230301 through 4230306, inclusive, to be surplus; authorizing advertisement of such property for sale to the general public; and authorizing the sale of such property to the highest bidder. Resolution No. 31503-060793 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 7, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm EBC. pc: Mr. Wflburn C. Dibling, Jr., City Attorney Mr. James D. Grisso, Acting Director of Finance Mr. Kit B. Kiser, Director, Utilities and Operations Mr. William F. Clark, Director, Public Works ~Ir. Charles M. Huffine, City Engineer Mr. Richard V. Hamilton, Real Estate Agent Mr. Lynnis B. Vernon, Acting Manager, Recreation and Parks/Grounds Maintenance IN THE COUNCIL OF THE CITY OF ROANOKE, The 7th day of June, 1993. No. 31503-060793. VIRGINIA, A RESOLUTION declaring certain City-owned property identified as Lots 1 through 6, Block 3, Waverly Place, and bearing Official Tax Nos. 4230301 through 4230306, inclusive, to be surplus, and authorizing the advertisement of such property for sale to the general public, and authorizing the sale of such property to the highest bidder. BE IT RESOLVED by the Council of the City o~ Roanoke as follows: 1. City-owned property identified as Lots 1 through 6, Waverly Place, bearing Official Tax Nos. 4230301, 4230302, 4230303, 4230304, 4230305 and 4230306, is hereby declared to be surplus to the City's needs. 2. The City administration is authorized to advertise for sale to the general public and to sell by quitclaim deed to the highest bidder such property in accordance with the terms and conditions set forth in this resolution and in the report to Council dated June 7, 1993. 3. The successful bidder shall have all documents necessary to transfer title prepared in a form to be approved by the City Attorney. The City will not pay any portion of any development cost for providing public access or utility accommodations to this property. ATTEST: city Clerk. MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk August 11, 1993 File #60-236-323 James D. Grisso Acting Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 31592-080993 amending and reordaining certain sections of the 1993-94 Grant Fund Appropriations, providing for appropriation of $6,885.00, in connection with acceptance of a Library Services and Construction Act (LSCA) Title I, Subregional Library for the Blind Grant. Ordinance No. 31592- 080993 was adopted by the Council of the City of Roanoke on first reading on Monday, July 26, 1993, also adopted by the Council on second reading on Monday, August 9, 1993, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Ene. pc-' W. Robert Herbert, City Manager Glenn D. Radcliffe, Director, Human Development M. Emily Keyser, Acting City Librarian Marie T. Pontius, Grants Monitoring Administrator Barry L. Key, Manager, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 9th day of August, 1993. No. 31592-080993. AN ORDINANCE to amend and reordain certain sections of the 1993-94 Grant Fund Appropriations. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1993-94 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Parks, Recreation and Cultural $ 72,864 LSCA Title I - Blind (1-7) ....................... 6,885 Parks, Recreation and Cultural $ 72,864 LSCA Title I - Blind (8) ......................... 6,885 1) Temporary Employee Wages (035-054-5040-1004) $ 3,902 2) FICA (035-054-5040-1120) 296 3) Training and Development (035-054-5040-2044) 500 4) Maintenance Equipment (035-054-5040-2048) 350 5) Administrative Suppliee (035-054-5040-2030) 137 6) Maintenance Contracts (035-054-5040-2005) 1,400 7) Telephone (035-054-5040-2020) 300 8) LSCA Title I- Blind (035-035-1234-7141) 6,885 ATTEST: City Clerk. July 26, 1993 Honorable Mayor David Bowers and Members of City Council Roanoke, Virginia '93 JUl_ 22 /',i0:24 Mayor and Members of Council: SUBJECT: LIBRARY SERVICES AND CONSTRUCTION ACT (LSCA) TITLE 1, SUBREGIONAL LIBRARY FOR THE BLIND GRANT I. BACKGROUND Federal aid through an LSCA Title I Grant for }6,885.00 has been approved for the Roanoke City Public Library by the Virginia State Library and Archives for FY 1993-94. Roanoke City Public Library is a Subregional Library for the visually and physically disabled residents of the 5th Planning District. 1. Virginia currently has nine (9) subregional libraries. II. CURRENT SITUATION Library is committed to increasing the accessibility of library resources and the quality of service to the disabled and other special populations of the Valley through its Outreach Services Unit. Direct user participation is needed to ensure quality service and user satisfaction. Public awareness of services and resources of the Library's Outreach Services Unit needs to be increased. Duplication of Services with other local agencies is counter-productive. Librar~ Administration recommends that the Subregional Grant of 6~885.00 be used to: 1. Establish a Subregional Library User Group. 2. Develop a Subregional survey of needs and services. Continue the hours of existing part-time Library Assistant to maintain collection and files. 4. Continue staff training. 5. Maintain existing equipment. 6. Increase public relations activities. III. IV. ISSUES A. Enhanced service to the visually and physically disabled: 1. Increased accessibility to Library resources for the print-disabled. 2. Increased public awareness of subregional and other Library resources. B. Budget Concerns C. Compliance with Regulations ALTERNATIVES A. Accept the LSCA Title I Subregional Library for the Blind Grant and appropriate 6~885]00 to accounts to be established in the Grant Fund. 1. Enhanced service to the visually and physically disabled Staff will be able to increase public relations activities and conduct a needs survey and establish a User Group. 2. Budget Concerns Library expenditures will be increased without additional cost to the City. 3. Compliance with Regulations Grant must be expended by May 1, 1994. B. Do not accept the LSCA Title ~ Subregional Library for the Blind Grant and do not appropriate ~6~885.00 in the Grant'-~n~. 1. Enhanced service to the visually and physically disabled Service would remain at present level. 2.Budget Concerns Not an issue. 3. Compliance with Regulations Not an issue. V. RECOMMENDATION City Council concur with Alternative A and accept the LSCA Title I Subregional Library for the Blind Grant in the amount of ~6~885.00 and appropriate the funds to the following accounts to be established in the Grant Fund: 1. $ 3,902.00 2. $ 296.00 3. $ 500.00 4. $ 350.00 5. $ 137.00 6. $ ,4oo.oo 7. $ 300.00 to Temporary Employee Wages to FICA to Training & Development to Maintenance/Equipment to Administrative Supplies to Maintenance Contracts to Telephone #035-054-5040-1004 #035-054-5040-1120 #035-054-5040-2044 #035-054-5040-2048 #035-054-5040-2030 #035-054-5040-2005 #035-054-5040-2020 Establish a revenue estimate of $6~885.00 for the Subregional Title I Grant in the Grant Fund. Authorize the City Manager or his designee to execute the necessary documents accepting the Grant for the Roanoke City Public Library. Respectfully submitted, W. Robert Herbert City Manager WRH/CG/MEK/js CC: Wilburn C. Dibling, City Attorney James Grisso, Acting Director of Finance Glenn Radcliffe, Director of Human Development M. Emily Keyser, Acting City Librarian MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2.4011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk August 11, 1993 File #60-236-261-348-349 James D. Grisso Acting Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 31594-080993 amending and reordaihing certain sections of the 1993-94 Grant Fund Appropriations, providing for appropriation of $2,230.00, in connection with acceptance of a Local Government Challenge Grant from the Virginia Commission for the Arts. Ordinance No. 31594-080993 was adopted by the Council of the City of Roanoke on first reading on Monday, July 26, 1993, also adopted by the Council on second reading on Monday, August 9, 1993, and will take effect ten days following the date of its second ~eading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. pc: W. Robert Herbert, City Manager Glenn D. Radcliffe, Director, Human Development Marie T. Pontius, Grants Monitoring Administrator Barr~r L. Key, Manager, Office of Management and Budget IN THE coUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 9th day of August, 1993. No. 31594-080993. AN ORDINANCE to amend and reordain certain sections of the 1993-94 Grant Fund Appropriations. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1993-94 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Parks, Recreation and Cultural $ 75,094 Challenge_Grant - FY94 (1) ....................... 2,230 Reve~e Parks, Recreation and Cultural $ 75,094 Challenge Grant - FY94 (2) ....................... 2,230 1) Subsidies 2) State Grant Revenue (035-054-8728-3700) $ 2,230 (035-035-1234-7142) 2,230 ATTEST: city Clerk. filTY ~ '93 J!]L 22 AI~:2~ ~ul¥ ~6, 1993 Honorable Mayor and City Council Roanoke, Virginia Members of Council: SUBJECT: VIRGINIA COMMISSION CHALLENGE GRANT FOR THE ARTS LOCAL GOVERNMENT I. BACKGROUND The City of Roanoke was notified of a Local Government Challenge Grant available through the Virginia Commission for the Arts. Local Government Challenge Grant Funds are available on a 50 - 50 matching basis, 50 percent state and 50 percent local. Application for the grant was made at the request of the The Arts Council of Roanoke Valley, Roanoke Symphony Orchestra, and Mill Mountain Theatre. II. CURRENT SITUATION A. Notification from the Commission for the Arts has been received that a grant of $2~230.00 is available. The grant will supplement funds already appropriated from the City to the organization through the Citizens Services Committee. The local funds will meet the 50 50 match. The Grant funds of $2~230.00 will be distributed to The Arts Council of Roanoke Valley ($744), Roanoke Symphony Orchestra ($743), and Mill Mountain Theatre ($743). III. ISSUES Need for Funding. Timing. Cost to the City. IV. ALTERNATIVES City Council accept the $2~230.00 Local Government Challenge Grant from the Virginia Commission for the Arts. Need for Funding. The Arts Council of Roanoke Valley, Roanoke Symphony Orchestra, and Mill Mountain Theatre will use funding to make quality arts activities available to citizens of Roanoke. Timinq. The grant must be accepted and properly executed papers returned to the Virginia Commission of the Arts prior to release of funds. Cost to the City. Matching funds have been appropriated in the City's FY 1993-94 General Fund Budget through the Citizens Services Committee. No additional funding is required. Be City Council not accept the $2~230.00 grant from the Virqinia Commission for the Arts. Need for Funding. The Arts Council of Roanoke Valley, Roanoke Symphony Orchestra, and Mill Mountain Theatre will lose $2,230.00 in funding which would be used to make quality arts activities available to the citizens of Roanoke. Timing. Not an issue. Cost to the City. No impact. Local funds have been appropriated in the City's General Fund Budget through the Citizens Services Committee. V. RECOMMENDATION A. City Council concur with Alternative A and accept the $2~230.00 grant from the Virqinia Commission for the Arts. 1. Appropriate funds of $2~230.00 to accounts to be established by the Acting Director of Finance in the Grant Fund. Authorize the City Manaqer or the Local Government Challenge City of Roanoke. his designee to execute Grant on behalf of the Respectfully submitted, W. Robert Herbert City Manager WRH/JDR/gor cc: Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Acting Director of Finance Barry L. Key, Management and Budget James D. Ritchie, Director of Human Resources MARY F. PARKER City Clerk, CMC/AAE 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 August 11, 1993 File #60-70-236-472 James D. Grisso Acting Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 31600-080993 amending and reordaining certain sections of the 1993-94 Grant Fund Appropriations, p~oviding for appropriation of $93,592.00, in connection with acceptance of a grant from the State Department of Fire P~ograms, to be used for puocurement of materiais and equipment for t~ining and development, as well as fire suppression equipment. Ordinance No. 31600- 080993 was adopted by the Council of the City of Roanoke on first reading on Monday, July 26, 1993, also adopted by the Council on second reading on Monday, August 9, 1993, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc, pc: W. Robert Herbert, City Manager George C. Snead, Jr., Diractor, Public Safety Rawieigh W. Quarles, Fire Chief Kit B. Kiser, Director, Utilities and Operations D. Dar~ Roupe, Manager, General Services Marie T. Pontius, Grants Monitoring Administrator Barry L. Key, Manager, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 9th day of August, 1993. No. 31600-080993. AN ORDINANCE to amend and reordain certain sections of the 1993-94 Grant Fund Appropriations. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1993-94 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Public Safety Fire Program Grant FY94 Public Safety Fire Program Grant FY94 (1-4) .................... 1) Expendable Equipment <$500 2) Training & Development 3) Recruitment & Development 4) Other Equipment 5) State Grant Revenue (035-050-3224-2035) (035-050-3224-2044) (035-050-3224-2065) (035-050-3224-9015) (035-035-1234-7139) 9,700 10,300 10,000 63,592 93,592 ATTEST: $ 1,472,457 93,592 $ 1,472,457 93,592 City Clerk. F EC:' ' '93 JUL 21 /~,11, ,C Roanoke, Virginia July 26, 1993 Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Fire Program Fund ae Fire Pro~ram Fund was established by the General Assembly effective October 4, 1985, pursuant to Section 38.1-44.1 of the Code of Virginia. The sunset clause requiring expiration of this fund July 1, 1990 has now been removed; thus, the City's annual allotment of state funds will continue indefinitely. Be Revenue to support this program are derived from a 0.8% surcharge on all fire insurance premiums collected throughout the Commonwealth. Ce Pro~ram Guidelines require that funds received are to be non-s~ and must be used in accordance with the provisions established by the State Department of Fire Programs. Funds provided by this program may be used for the following: Fire service training - the fire department may use money received to purchase equipment for training programs, employment of outside instruction and tuition reimbursement of approved training. Regional fire service traininq facilities - funds may be used to construct, improve and expand regional fire service training facilities. Firefiqhtinq e~uiDment/ADDaratum - funds may be used to purchase fire apparatus, specialized response vehicles, fire hose, forcible entry tools, ladders, and radio equipment. Members of Council Subject: Fire Program Fund Page 2 Personal protective clothing - funds may be used to purchase helmets, eye protection, protective hoods, boots, coats, pants and gloves. Prohibited uses of funds are as follows: Construction, immrovinq and training facilities other than Service Training Facilities. exDandinu any Regional Fire Firefi~htinq eauiDment other than that equipment and appurtenances attached thereto required and used at the scene of a fire to deliver water or other extinguishing agents on the fire, remove smoke and gases, protect property from smoke and water damage and assure the fire is extinguished. Personal protective clothing that does not meet, at a minimum, the National Fire Protection Association Standards in effect at the time the purchase is made. 4. Funds allocated to the counties, cities and towns pursuant to this subsection shall not be used directly or indirectly to supplant or replace any other funds appropriated by the counties, cities and towns for fire service operations. Such funds shall be used solely for the purposes of fire service training, constructing, improving and expanding regional fire service training facilities, purchasing fire-fighting equipment or purchasing protective clothing and protecting equipment for fire-fighting personnel. (Code Of Virginia Section 38.2-126 Sub-paragraph B.) Local cash match is not required. II. Current Situation- city's allotment of funds ($93,592.17) was electronically transferred to the City Treasurer on June 30, 1993. These funds were deposited in account #035-035-1234-7139. Members of Council Subject: Fire Program Fund Page 3 City Council action is needed to formally accep~ and appropriate these fundm. Authorize the Director of Finance to establish revenue estimates and appropriation accounts in the Grants Program Fund to purchase equipment and supplies in accor- dance with provisions of this program as follows: ~ire SuPpression Protective Eauipmen~ - ~. To purchase approved fire suppression protective equipment. (Turnout Gear, Self Contained Breathing Apparatus and Rope Rescue Equipment) Traininq and Development $8,300.00. To purchase training films, books and manuals to be used in the department,s training program and to provide training, education and development for personnel. Safety features for stations - $3,000.00. To purchase first aid kits for stations and vehicles, safety program sun visors. Recruitment and Development - $8,700.00. To start a Cadet Training Academy for the new recruitment program. III. Issues in order of importance are: A. Need. B. ~unds availability. IV. Alternatives: aJ City Council accept funds from the State Department of Fire Programs and appropriate them to expenditure accounts for the procurement of materials and equipment for training and development and fire suppression qulpment. e ' Need exists to purchase training aids, and fire suppression equipment. Members of Council Subject: Fire Program Fund Page 4 Fund availability would be met by accepting the Fire Programs Fund allotment. Do not accept the City's allotment from the State Department of Fire Programs. Need exists to purchase training aids, and fire suppression equipment. Additional funds would not be obtainable through the Fire Programs Fund. Recommendation: City Council adopt Alternative "A" which will authorize the following actions: Acceptance of the qrant award by the City Manager and Appropriate $93,592.17, with a corresponding revenue estimate, to accounts to be established by the Acting Director of Finance. WRH/RWQ/gj cc: City Attorney Director of Finance Director of Public Safety Fire Chief Respectfully submitted, W. Robert Herbert City Manager MARY F. PARKER City Clerk, CMC/AAE 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 August 11, 1993 File #60-192-346-472-497 James D. Grisso Acting Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 31602-080993 amending and reordaining certain sections of the 1993-94 Civic Center Appropriations, providing for appropriation of $35,000.00, in connection with the purchase of certain hockey equipment for professional hockey games to be hosted at the Roanoke Civic Center Coliseum. Ordinance No. 31602-080993 was adopted by the Council of the City of Roanoke on first reading on Monday, July 26, 1993, also adopted by the Council on second reading on Monday, August 9, 1993, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc-' W. Robert Herbert, City Manager Kit B. Kiser, Director, Utilities and Operations Bobby E. Chapman, Manager, Civic Center Facilities D. Darwin Roupe, Manager, General Services IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINI~ The 9th day of August, 1993. No. 31602-080993. AN ORDINANCE to amend and reordain certain sections of the 1993-94 Civic Center Appropriations. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1993-94 Civic Center Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: &Dnronriations Capital Outlay - Equipment (1) ..................... Retained Earninas Unrestricted Retained Earnings (2) ................. 85,000 1,763,144 1) Other Equipment 2) Unrestricted Retained Earnings (005-056-8600-9015) $ 35,000 (005-3336) 35,000 ATTEST: City Clerk. '93 JUL 22 ?,,11 Roanoke, Virginia July 26, 1993 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Purchase of Safety Related Center Hockey Program Equipment for Civic I. Background: Professional hockey will return to the Roanoke Civic Center Coliseum for regular season games during the 1993-94 hockey season. Roanoke Civic Center Coliseum has not been a host facility for regular hockey games since the 1975-76 season. Present hockey equipment is twenty-two years old and is in need of refurbishment of the dasher boards and replacement of all protective shields, vertical supports, goals and floor covering. Detail of items needed and their cost are shown on Attachment "A". II. Current Situation: Rules pertaining to the height of the protective shields above the dasher boards have changed since we were a host facility. East Coast Hockey Leaqu~ now requires the protective shields to be five feet in height on the sides and eight feet in height on the ends. Current vertical supports will not support the protective shields with heights of 5' and 8.' New protective shields and vertical supports must match existing dasher boards. Research has determined these items to be available from Strut Specialties, Inc. in Roseville, MN. Sole Source Program - The items requested to provide necessary support to the Civic Center hockey program have been determined to be practicably available from only one source. This exception to competitive bidding is allowed under Section 23.1-6(a) of the Code of the City of Roanoke. III. Issues: A. Competitive Procurement B. Need C. Timinq D. Fundinq IV. Alternatives: Authorize the City Manager to purchase protective shields and vertical supports from Strut Specialties, Inc. to match existing hockey dasher boards. Competitive procurement Strut Specialties, Inc. is the only source practicably available to purchase the needed equipment to match existing dasher boards. 2. Need Requested items are necessary to meet the East Coast Hockey League standards and replace current deteriorated equipment. 3. Timinq is critical to ensure the facility's readiness for the start of the hockey season in October, 1993. Fundinq - Funds totaling $35,000 are available in Civic Center Retained Earnings Account for purchase of the following shown on Attachment "A". Do not authorize the City Manager to purchase protective shields and vertical supports from Strut Specialties, Inc. to match existing hockey dasher boards. 1. Competitive procurement would not be an issue. Need - The proper working and necessary equipment needed to provide for hockey events at the Civic Center would not be addressed. 3. Timinq would become a problem. WRH: vn 4. Fundinq - Available funds would not be expended. Recommendation is that City Council take the following action: Authorize the City Manager to purchase protective shields and vertical supports from Strut Specialties, Inc. to match existing dasher boards. Appropriate $35,000.00 from Civic Center's retained earnings to Account 005-056-8600-9015 to purchase these items. Respectfully submitted, W. Robert Herbert City Manager ATTACHHENT A SAFETY RELATED P. OUIP~EN? FOR CIVIC CENTER HOCKEY PROGRA~ 234 lineal feet of 1/2" X 8"0" high acrylic for ends and radius corners of rink 198 lineal feet of 1/2"x5'0" of rink. 21 18 26 high acrylic for sides two-way supports at studs 7'6" high two-way supports, intermediate 7'6" high one-way supports at studs 7'6" high 22 two-way supports at studs 4'10" high 18 two-way supports, intermediate 4'10" high 8 one-way supports at studs 4'10" high 176 lineal feet of straight aluminum "C" channel for radius corners 2 hockey goals with netting and pads, per NHL specifications Cable supports with eye bolts Suction cup lifters Kick-plate with painted screws (pre-drilled) Total 12,768.00 6,835.00 2,008.00 1,831.00 2,463.00 1,618.00 1,377.00 552.00 554.00 1,600.00 698.00 130.00 2,566.00 $35,000.00 MARY F. PARKER City Clerk, CMC/AAE 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 August 11, 1993 File #24-57-77-330-514 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 31606-080993 amending and reordaining the Code of the City of Roanoke (1979), as amended, by amending Section 30-62, Fees, of Division 2, Permit, of Article III, Street Excavations, of Chapter 30, Streets and Sidewalks, Code of the City of Roanoke (1979), as amended, to provide an exemption from the permit fee for public utility companies and their contractors for work conducted in connection with a City or Virginia Department of Transportation sponsored project. Ordinance No. 31606-080993 was adopted by the Council of the City of Roanoke on first reading on Monday, July 26, 1993, also adopted by the Council on second reading on Monday, August 9, 1993, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc: The Honorable Kenneth E. Trabue, Chief Judge, Circuit Court The Honorable G. O. Clemens, Judge, Circuit Court The Honorable Roy B. Wfllett, Judge, Circuit Court The Honorable Diane M. Strickland, Judge, Circuit Court The Honorable Clifford R. Weckstein, Judge, Circuit Court The Honorable Joseph M. Clarke, II, Chief Judge, Juvenile and Domestic Relations District Court W. Robert Herbert, City Manager August 11, 1993 Page 2 pc: The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations District Court The Honorable John B. Ferguson, Judge, Juvenile and Domestic Relations District Court The Honorable Edward S. Kidd, Jr., Chief Judge, General District Court The Honorable Julian H. Raney, Jr., Judge, General District Coul~t The Honorable Richard C. Pattisal, Judge, General District Court The Honorable Donald S. Caldwell, Commonwealth's Attorney The Honorable Arthur B. C~ush, III, Clerk, Circuit Court Patsy Bussey, Clerk, Juvenile and Domestic Relations District Court Ronald Albright, Clerk, General District Court Bobby D. Casey, Office of the Magistrate Clayne M. Calhoun, Law Librarian Wilburn C. Dibling, Jr., City Attorney James D. Grisse, Acting Director of Finance William F. Clark, Director, Public Works Charles M. Huffine, City Engineer Richard V. Hamilton, Real Estate Agent Sarah E. Fitton, Construction Cost Technician Rona]d H. Miller, Building Commissioner Kit B. Kiser, Director, Utilities and Operations George C. Snead, Jr., Director, Public Safety Dolores C. Daniels, Assistant to the City Manager for Community Relations Raymond F. Leven, Public Defender, Suite 4B, Southwest Virginia Building, Roanoke, Virginia 24011 Robert L. Laslie, Vice President - Supplements, Municipal Code Corporation, P. O. Box 2235, Tallahassee, Florida 32304 IN THE COUNCIL OF THE CITY OF ROANOKE, The 9th day of August, 1993. No. 31606-080993. VIRGINIA, AN ORDINANCE amending and reordaining the Code of the City of Roanoke (1979), as amended, by amending S30-62, Fees, of Division 2, Permit, of Article Streets and Sidewalks, amended, to provide an utility companies and connection with a sponsored project. III, Street Excavations, of Chapter 30, Code of the City of Roanoke, (1979), as exemption from the permit fee for public their contractors for work conducted in City or Virginia Department of Transportation BE IT ORDAINED by the Council of the City of Roanoke that Section 30-62, Fees, of Division 2, Permit, of Article III, Street Excavations, of Chapter 30, Streets and Sidewalks, Code of the City of Roanoke, (1979), as amended, is hereby amended and reordained as follows: S30-62. An Fee, inspection fee or charge, in such amount as is prescribed by the city council, shall be charged and collected for each permit issued under this division except that any public utility company or its contractor conducting work requiring a permit in connection with a City or Virginia Department of Transportation sponsored project shall be exempt from such fee. ATTEST: City Clerk. '93 Jtll 19 ? 3 .'?a Roanoke, July 26, Virginia 1993 Honorable Mayor and Members of City Council City of Roanoke, Virginia Dear Members of City Council: SUBJECT: STREET OPENING PERMITS CODE CHANGE RELATIVE TO FEE REQUIREMENTS I. Backqround: Street Opening Permits presently acquired from the Building Commissioner's Office and inspected by the Engineering Department's Construction Inspectors are required of any individual, company, public utility, or other agency, other than City forces, working in the public right-of-way. Code of the City of Roanoket Chapter 30, specifies requirements, procedures, fees, bonding, etc. regarding street opening permits. All current requirements in the Code (Section 30-60 thru 65) were established by Ordinance Nos. 23033-062376 and 26153-072682. II. Current Situation: A. Code Section 30-62. Fees, reads: "An inspection. fee or charge, in such amount as is prescribed by City Council, shall be charged and collected for each permit issued under this division." Inspection fees are currently $36.00 per permit. Public utility companies upgrading and/or relocating their facilities as a result of City and Virginia Department of Transportation (VDOT) projects such as Second~ Street/Gainsboro Road, Wells Avenue, etc. cannot, under the requirements of Code Section 30-62, have the street opening permit fee(s) waived by action of City staff. This is currently the responsibility of the Building Commissioner, but that is subject to change. When the City or VDOT enters into a project requiring utility companies to move their facilities, such as one of the street improvement Honorable Mayor and Members of City Council STREET OPENING PERMITS CODE CHANGE RELATIVE TO FEE REQUIREMENTS Page 2 July 26, 1993 projects noted here, it may force the utilities to move a large number of power poles, gas lines, etc. that they would not normally be moved at the time, or, for many years in the future. Such moves, when the facilities are located in public right-of-way, are at the public utility company's own expense, and it can amount to a large cost. It is unfair for the City to also require street opening fees in such instances. A large, long street project can result in a great number of permits and attendant fees being required. Enforcement of street opening permit requirements by City staff is currently in the process of being enhanced and there is a need for flexibility in dealing with utility companies. III. Issues: A. Need B. Timing IV. Alternatives: ae Council approve a change to the Code of the City of Roanoke~ (1979), as amended~ Section 30-62~ Fees, exempting public utility companies and contractors doing work for them from street opening permit fees for work conducted in the public street right-of- way in connection with any City or VDOT project. Need for flexibility in regulations regarding such fees is met. Other permit requirements such as notice, bonding, and insurance would remain in effect. Timing to have regulation in place when street opening permit system is reorganized in the near future is met. Honorable Mayor and Members of City Council STREET OPENING PERMITS CODE CHANGE RELATIVE TO FEE REQUIREMENTS Page 3 July 26, 1993 Council refuse to approve change to City Code exempting public utility companies from street opening permit fees on City or VDOT projects. Need for flexibility in this regulation is not met. 2. Timinq to coincide with reorganization of permit system is not met. Recommendation: Council approve a change to the Code of the City of Roanoke, (1979), as amended, Section 30-62, Fees, exempting public utility companies and their agents working in connection with City or VDOT projects from street opening permit fees in accordance with Alternative Respectfully submitted, W. Robert Herbert City Manager WRH/RVH/kp Attachment cc: City Attorney Director of Finance Director of Public Works Director of Utilities and Operations Assistant to City Manager for Community Relations Building Commissioner City Engineer Construction Cost Technician STREETS AND SIDEWALKS § 30-62 such opening and the backfilling have been made, shall be done under the supervision and control of the city manager. Such restoration shall include all work necessary to restore the street, alley or public way to its original condition. (Code 1956, Tit. XVII, Ch. 1, § 7) Secs. 30-49--30-59. Reserved. DIVISION 2. PERMIT Sec. 30-60. Required; exceptions. (a) It shall be unlawful for any person to make any excavation or opening in the surface or pavement of any street, alley or public way of the city, unless a permit so to do has been obtained from the city manager. This section shall not apply to work done by duly authorized city personnel. (b) In an emergency, when the necessities of the public require, an excavation or opening may be made without a permit; provided, however, that in such cases a permit shall be obtained as soon as possible after such excavation or opening has been made. (Code 1956, Tit. XVII, Ch. 1, § 7; Ord. No. 23033, § 7, 6-23-76) Sec. 30-61. Application. Any person desiring a permit required by this article shall file, with the city manager, on a form provided therefor, an application for such permit, which application shall state the name of the applicant, the name of the street, the kind of pavement thereon, the purpose of the proposed excavation or opening and the exact size, length and location of the same. The city manager shall prepare and keep on hand suitable forms for the application provided for in this section. (Code 1956, Tit. XVII, Ch. 1, § 7; Ord. No. 23033, 6-23-76) Sec. 30~62. Fee. An inspection ~e or charge, in such amount as is prescribed by the city council, shall be charged and collected 2275 § $0-62 ROANOKE CODE for each permit issued under this division. (Code 1956, Tit. XVII, Ch. 1, § 7; Ord. No. 23033, 6-23-76) Sec. 30-63. Applicant's insurance and bond. No permit shall be granted under this division unless the applicant shall have furnished to the city manager evidence of public liability insurance, with limits of not less than one hundred thousand dollars ($100,000.00) for one person and three hundred thousand dollars ($300,000.00) for two (2) or more persons, together with property damage coverage of fifty thousand dollars ($50,000.00) for any one accident, and satisfactory assurance that the restoration of the street surface will be accomplished, such assurance to be in the form of a cashier's or certified check or surety bond in an amount equal to the estimated cost of restoring the street, alley or public way. The city manager is hereby authorized and directed to adopt and enforce suitable rules and regulations for determining the estimated cost of the restoration of any opening in any street, alley or public way. (Code 1956, Tit. XVII, Ch. 1, § 7; Ord. No. 23033, 6-23-76) Sec. 30-64. Issuance or denial. (a) The city manager shall issue a permit to make the opening described in the application filed under this division, unless the opening would be in violation of a city ordinance, create an unnecessary and avoidable public safety hazard or create a utility conflict, in any of which cases the permit shall be denied by the city manager. Where the nature of the proposed work is such as to require a series of openings, close together, and where, in the opinion of the city manager, it is impossible or impracticable to determine in advance the exact size and location of the desired opening, a permit may be issued covering such series of openings for such length of street as may be deemed proper by the city manager. (b) The city manager shall prepare and keep on hand suitable forms for permits issued pursuant to this division. (Code 1956, Tit. XVII, Ch. 1, § 7; Ord. No. 23033, 6-23-76) 2276 STREE'I~'S AND SIDEWALKS § 30777 Sec. 30-6~. Multiple street opening permit. Notwithstanding any other provision of this division, the city manager, upon application of any person, may issue a multiple street opening permit to allow up to fifteen (15) excavations or openings during the period of a calendar month. The fee for such permit shall be established by council. If the holder of a multiple street opening permit should perform more than fifteen (15) ex- cavations or openings during the calendar month in which such permit is operative, the holder shall notify the city manager of the excavations or openings made in excess of fifteen (15) and shall pay the prescribed fee which shall be established by council for each additional excavation or opening. (Ord. No. 26153, § 1, 7-26-82) Seca. 30-66--30-76. Reserved. ARTICLE IV. CONSTRUCTION OF SIDEWALKS, CURBS AND SIDEWALK CROSSINGS* DIVISION 1. GENERALLY Sec. 30-77. City manager to fix height, range, loca- tion, etc. (a) It shall be the duty of the city manager to define the curblinee of all sidewalks and to fix and mark the height, range and situation of the curbs or walls and sidewalks of the streets, alleys and highways of the city, to which lines, grades and locations, so fixed and made, all persons constructing sidewalks, curbs, walls or crossovers shall strictly conform. If any person shall construct any sidewalk, curb, wall or crossover in any of the streets, alleys or highways contrary to the established grades and locations and to the lines given by the city manager and shall not, after ten (10) days' notice thereof, alter the same so as to conform to the regulations therefor, he shall be guilty of' a violation of this section. *Cross referenee--Assessznento for sidewalk improvement3, § 24-1.1. 8ups~ 1~8 2277 MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2~011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk August 11, 1993 File #60-20-57-77-102-200-223-264-514 James D. Grisso Acting Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 31607-080993 amending and veordaining certain sections of the 1993-94 Capital and Water Fund Appropriations, providing for the transfer of certain funds, in connection with execution of a City-State Agreement between the City and the Virginia Department of Transportation relating to a project for replacement of the Fifth Street Bridge over Norfolk Southern Railroad. Ordinance No. 31607-080993 was adopted by the Council of the City of Roanoke on first reading on Monday, July 26, 1993, also adopted by the Council on second reading on Monday, August 9, 1993, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, City Clerk MFP: sm Enc. pc-' W. Robert Herbert, City Manager Wtllinm F. Clark, Director, Public Works William L. Stuart, Manager, Streets and Traffic Robert K. Bengtaon, Traffic Engineer Charles M. Huffine, City Engineer Sarah E. Fitton, Construction Cost Technician Barry L. Key, Manager, Office of Management and Budget Kit B. Kiser, Director, Utilities and Operations IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 9th day of August, 1993. No. 31607-080993. AN ORDINANCE to amend and reordain certain sections of the 1993-94 Capital and Water Fund Appropriations. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1993-94 Capital and Water Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Capital ~und ' 'on Streets & Bridges $ 8,199,172 Fifth Street Bridge Replacement (1) ................. 116,758 Capital Improvement Reserve 5,028,397 Public Improvement Bonds - Series 1992A (2) ......... 4,710,422 Capital Outlay from Revenue Capital Outlay (3) .................................. Capital Outlay Fifth Street Bridge Replacement (4) ................. 1) Appropriations from Bond Funds (008-052-9599-9001) $ 45,326 2) Streets & Bridges (008-052-9700-9181) (45,326) 3) Unidentified Plant Replacement (002-056-2178-9026) (92,602) 4) Appropriations from General Revenue (002-056-8375-9003) 92,602 2,358,782 2,358,782 31,364,874 92,602 ATTEST: City Clerk. Roanoke, '93 "~ '!i ~ .,July 26, Virginia 1993 Honorable David A. Bowers, Mayor and Members of Council Roanoke, Virginia Dear Members of Council: SUBJECT: Background: City - State Agreement Fifth Street Bridge Replacement City Council, at its meeting on April 28, 1986, unanimously approved Resolution No. 28109 which requested that the Virginia Department of Transportation (VDOT) program a project for the replacement of the Fifth Street Bridge over Norfolk Southern Railroad. Be VDOT subsequently included this bridge replacement project in its Six-Year Highway Improvement Program, and included the widening of Fifth Street south to Salem Avenue, S.W. and north to Gilmer Avenue, N.W. such that the roadway could adequately serve traffic approaching the bridge (see Attachment I). Fifth Street Bridqe presently is a two-lane facility that carries approximately 9,500 vehicles per day with 12,600 vehicles per day projected for the year 2010. The present seven ton weight restriction and the anticipated traffic increase have necessitated the proposed improvements in order to provide for a safe and efficient travel facility. Proposed design of this project consists of four, 12- foot lanes which will provide for two lanes of travel in each direction. New curb, gutter, and sidewalk will be provided on both sides of the project. Citizen Information Meetinq was held on June 20, 1989, in City Council Chambers to provide interested persons an opportunity to informally review and discuss the preliminary plans for this project. A "Notice of Willingness to Hold a Combined Location and Design Public Hearing" for this project was advertised by VDOT on March 23, 1990. No requests were received to hold a public hearing by the April 27, 1990 cut-off date. City Council, at its meeting on September 17, 1990, approved the location and major design features of the proposed project (Resolution No. 30232-91790). Me~bers of City Council Page 2 Commonwealth Transportation Board approved the location and major design features of the proposed project subsequent to Council's approval. II. Current Situation: Bids for project construction were received by VDOT on May 26, 1993. The Commonwealth Transportation Board awarded a contract to Lanford Brothers Company, on June 17, 1993, in the amount of $2~802~304.60. Agreement associated with this project (as well as the Second Street/Gainsboro Road project) between City, VDOT, and Norfolk Southern Railway will involve the relocation of Norfolk Southern's overhead signal, communication, and motive power facilities from overhead to underqround in railroad right-of-way from Fifth Street to First Street. Cost will be split evenly between the two projects, with the City expected to pay its 2% share. Aesthetics of this area will benefit from this action. City Manager authorization is needed for the City to assume full maintenance responsibility for the new bridge (City presently shares maintenance responsibility for the existing bridge with Norfolk and Western Railway Company on a 50:50 basis). Traffic will need to use alternate routes such as First Street Bridge, Second Street, and Tenth Street Bridge during the Fifth Street Bridge Project. City must execute the attached City-State Agreement (Attachment II) before VDOT will allow Lanford Brothers Company to begin construction. City share of the cost for this project (preliminary engineering @ 5%, right-of-way @ 2%, and construction @ 2%) is $198~873.91. The third page of Attachment II shows the cost sharing ratios to be used on this project. As of May 31, 1993, the City has already paid $29~014.17 toward the above total for preliminary engineering and right-of-way costs. This leaves a balance of $164~859.74 needed for the City's share of the remaining estimated costs. Included within the project is the placing of a new 12 inch water line across the bridge to replace an existing Members of City Council Page 3 8-inch line on the old bridge and a 6-inch line under the walks· The betterment portion of these improvements will be a City expense. An additional $15,000 is needed for separate purchase of new traffic signal control equipment which will meet specialized City standards at the Fifth Street/Shenandoah Avenue and the Fifth Street/Salem Avenue intersections. III. Issues: A. Fundinq B. Construction Plans C. Timing IV. Alternatives: Authorize the City Manager, in a form acceptable to the City Attorney, to execute the City-State Agreement on behalf of the City; authorize the Acting Director of Finance to transfer $45~325.80 from the Streets and Bridges Category of the 1990 Bond Series into the Fifth Street Bridge Replacement Account No. 008-052-9599- 9003); and transfer $92,601.94 from the Water Fund Account (No. 002-056-2178-9026) to an account to be established by the Director of Finance. 1. Funding, in the amount of $179~859.74, exists in the sources identified on Attachment III (Part B). 2. Construction plans comply with City's needs for improved traffic flow and safety. Timinq for project construction to begin is August 2, 1993. Contractor has 240 calendar days to complete the project. Reject City-State Agreement and proceed to reimburse VDOT for 100% of all expenditures to date in accordance with City Resolution No. 28109. Fundinq would be needed in the amount of the total VDOT project expenditures to date, which is $720,105.14 less the City share paid to date, which results in a balance needed of $691,090.97. Members of City Council Page 4 2. Construction plans would not be built. 3. Timing is not an issue. V. Recommendation is that City Council: Authorize the City Manager, in a form acceptable to the City Attorney, to execute the City-State Agreement on behalf of the City. Authorize the City Manager to execute, on behalf of the City of Roanoke, all railroad agreements for this project, which includes assuming full maintenance responsibility for the new bridge, thereby relieving Norfolk and Western Railway Company of its present maintenance responsibility. Ce Authorize the Acting Director of Finance to transfer $45t325.80 from the Streets and Bridges Category of the 1992 Bond Series-A into the Fifth Street Bridge Replacement Account (No. 008-052-9599-9003). Transfer $92t601.94 from the Water Fund Account (No. 002-056-2178-9026) to an account to be established by the Acting Director of Finance. WRH:RKB:jrm Respectfully submitted, W. Robert Herbert City Manager Attachments: I Map II City-State Agreement III Funding Summary copy: City Attorney Acting Director of Finance Director of Public Works Director of Utilities & Operations City Traffic Engineer Construction Cost Technician Budget Administrator ATTACHMENT I CITY OF ROANOKE PROPOSED Pt~ OdEC T HIGHWAY IMPROVEMENT PROJECT FIFTH STREET CITY OF ROANOKE, VIRGINIA FROM: INT. OF SAI.EM AVENUE TO: INT. OF GILMER' AVENUE PROJECT NO. U000-128-1~18,PE-101 LENGTH: 0.33 MILE SCALE IN ~-r..r.,i 0 250 500 ATTACHMENT II AGREEMENT BETWEEN THE CITY OF ROANOKE AND THE VIRGINIA DEPARTMENT OF TRANSPORTATION The City of Roanoke, Commonwealth of Virginia, hereinafter referred to as Roanoke, and the Commonwealth of Virginia, Department of Transportation, hereinafter referred to as the DEPARTMENT, hereby agree as follows: 1. The DEPARTMENT will prosecute a project for the improvement of 0.331 mile of 5th Street within Roanoke from Int. Salem Avenue, Station 12+30.04, to Gilmer Avenue, Station 128-V18, PE101, STP-5128(145). 29+80.19, and designated Project U000- RW201, C501, B611 and Federal Project 2. Roanoke approves the plans as designed and requests the DEPARTMENT to submit the project with recommendation that it be approved by the Commonwealth Transportation Board/Federal Highway Administration and agrees that if such project is approved and constructed by the DEPARTMENT, Roanoke, thereafter, at its own expense, will maintain the project, or have it maintained, in a manner satisfactory to the DEPARTMENT or its authorized representatives and will make ample provision each year for such maintenance. 3. Roanoke agrees that after construction of the project, or any part thereof, it will not permit any reduction in the number of or width of traffic lanes without the prior written approval of the DEPARTMENT. 4. Parking will be prohibited at all times on both sides of this project and appropriate NO PARKING signs shall be erected. The signs shall conform to the standards as shown in the current edition of the Manual on Uniform Traffic Control Devices. 5. Roanoke agrees that the location, form and character of informational, regulatory and warning signs, curb and pavement or other markings and traffic signals, installed or.placed by any public authority, or other agency, shall conform to the Manual on Uniform Traffic Control Devices or be subject to the approval of the DEPARTMENT.' Roanoke agrees that the location utility poles, lighting standards, or any other facilities installed and installation of traffic signal poles or placed within the right of way by any public authority, or other agency, shall conform to VDOT Land Use Permit Manual or be subject to the approval of the DEPARTMENT. Roanoke agrees to comply with Title VI of the Civil Rights Act of 1964 and the Virginia Fair Employment Contracting Act, Sections 2.1-374 through 2.1-376 of the Code of Virginia (1950), as amended. Roanoke agrees to comply with all applicable federal, state and local rules, regulations and statutes when work is performed on this project with municipal forces or its agent at project expense. -2- 10. Roanoke agrees that prison labor will not be used fo~ any purpose whatsoever on this project. Roanoke agrees to participate in the actual cost of this project which includes a special provision for price adjustment in accordance with the following tabulation, understanding that the costs shown are estimated and the percentages will be applied to actual costs: PROJECT COST ROANOR~'S S~JkRE ITEM Preliminary Engineering Right of Way C501 (including field office) Lighting Items Utility Items - Sewer Utility Items ~ Betterment (Water) Safety Items B611 Roanoke Gas C&P Telephone N&W Railway Force Account TOTAL ~TIMATED COST ~ AMOUNT $ 500,000.00 5 $ 25,000.00 250,000.00 2 5~000.00 1,409,981.91 2 28,199.64 2,854.80 100 2,854.80 98,046.52 2 1,960.92 191,128.86 18,910.00 1,580,807.52 36,600.00 24,400.00 313.113.00 $4,425,842.61 48.45 2 2 2 92,601.94 378.20 31,616.15 6.262.26 $~93,873.91 -3- IN WITNESS WHEREOF, signatures, for CITY the parties have hereunto affixed their OF ROANOKE on the day of , 19 , and the DEPARTMENT on the , 19 day of ATTEST: CITY OF ROANOKE BY: CITY CLERK BY: CITY. MANAGER NOTE: The official signing for the municipality must attach a certified copy of the authority under which this agreement is executed. This agreement is executed in three originals. APPROVED AS TO FORM CITY ATTORNEY COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION BY: COMMISSIONER -4- FUNDING SUNI~RY ESTIMATED PROJECT COST LESS VDOT SHARE TOTAL CITY SHARE LESS CITY SHARE INVOICED (AND FUNDED) AS OF 5/31/93 ESTIMATED CITY SHARE REMAINING ESTIMATED CITY COST (100%) TOTA~ CITY COST RE/~AINING $4,425,842.61 4t2311968.70 $ 193,873.91 291014.17 $ 164,859-74 15~000.00 SOURCES 1. FIFTH STREET BRIDGE REPLACEMENT ACCOUNT, 008-052-9599-9003 2. STREETS AND BRIDGES CATEGORY OF THE 1992 BOND SERIES A 3. WATER FUND - UNIDENTIFIED REPLACEMENT, 002-056-2178-9026 41,932.00 45,325.80 92~601.94 MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk August 11, 1993 File #29-361-472 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 31609-080993 authorizing you to enter into a lease agreement with Appaiaehlan Power Company for lease of certain property, identified by Official Tax No. 4030302, to be used by the City for vehicular storage, for a rental of $6,000.00 per year, upon certain terms and conditions. Ordinance No. 31609-080993 was adopted by the Council of the City of Roanoke on first reading on Monday, July 26, 1993, also adopted by the Council on second ~eading on Monday, August 9, 1993, and will take effect ten days following the date of its second reading. Sincerely, City Clerk MFP: sm Eno o pc: L. Dean Price, Land Management Supervisor, Appalachian Power Company, P. O. Box 2021, Roanoke, Virginia 24022-2121 Wflburn C. Dibling, Jr., City Attorney James D. Grisso, Acting Director of Finance William F. Clark, Director, Public Works Charles M. Huffine, City Engineer Richard V. Hamilton, Real Estate Agent Kit B. Klaer, Director, Utilities and Operations IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of August, 1993. No. 31609-080993. AN ORDINANCE authorizing the City Manager to enter into a lease agreement with respect to certain property owned by Appalachian Power Company in the City of Roanoke, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager is hereby authorized to enter into a written lease agreement with Appalachian Power Company (the Owner) by which the Owner will lease to the City certain property identified by official tax number 4030302 in the City of Roanoke for vehicular storage for a rental of $6,000.00 per year, payable annually, in advance. The initial term of the lease shall commence November 15, 1992, and shall be for one year. Thereafter, the lease shall be automatically renewed from year-to-year thereafter, provided that either the owner or the City shall have the right to cancel the lease at any time by giving thirty (30) days' written notice. 2. The form of the lease agreement shall be approved by the City Attorney. ATTEST: City Clerk. Roanoke, Virginia July 26, 1993 Honorable Mayor and Members and City Council Roanoke, Virginia Dear Members of City Council: SUBJECT: LEASE FOR PUBLIC SAFETY STORAGE I. Backqround: Lease of this storage space has been in effect for several years. A change in the parties to the lease has taken place and has necessitated its renegotiation. Previous lease term ended on November 15, 1992. Negotiations regarding new lease and related conditions have proceeded since that date. II. Current Situation: New lease, with an initial one (1) year term of November 15, 1992 through November 14, 1993, to be automatically extended on a year-to-year basis, with provision for termination by either party with thirty (30) days written notice and a lease fee of $6,000.00 per year, has been presented by lessor to the City. Lessee, the City, is obligated under the terms of this lease to hold lessor (Appalachian Power Company) and it's associated or affiliated corporations, harmless from any and all liability for loss or damage to the property of lessee and any other property stored on lessor's property by lessee, or, or any injury or loss of life incurred by them or any other person or persons using the property under the terms of the lease. III. Issues: A. Need B. Ttminq C. Cost to City Honorable Mayor and Members of City Council LEASE FOR PUBLIC SAFETY STORAGE Page 2 July 26, 1993 IV. Alternatives: ae Council authorize the appropriate City officials to execute a one (1) year lease of property identified by Official Tax no. 4030302 from Appalachian Power Company, with provision for extension of the lease term on a year-to-year basis including the right to cancel the lease by either party with thirty (30) days written notice, for an annual lease fee of $6,000.00, payable in advance. Said lease to be prepared by lessor in a form to be approved by the City Attorney. 1. Need by City for storage space is met. Timinq to act quickly to retain storage facility and to assure future continuation of lease is met. Cost to City is $6~000.00 per year. Funds are available in the adopted fiscal year 1993-1994 budget in account number 035-035-1234-7060. Council refuse to authorize the appropriate City officials to execute a lease for storage space from Appalachian Power Company. 1. Need to retain and continue use of storage area not met. Timinq to act quickly to retain storage area not met. Cost to City is the potentially higher cost of finding and leasing similar facility. Recommendation: Council authorize the appropriate City officials to execute a lease for storage space in accordance with Alternative "A". Honorable Mayor and Members of City Council LEASE FOR PUBLIC SAFETY STORAGE Page 3 July 26, 1993 Respectfully submitted, W. Robert Herbert City Manager WRH/kp cc: City Attorney Director of Finance Director of Utilities and Operations Director of Public Safety MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Vir~nia 2~011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk August 11, 1993 File #60-405-468-207 James D. Grisso Acting Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 31610-080993 amending and reordaining certain sections of the 1993-94 Capital and Water Fund Appropriations, providing for the transfer of $25,677.00, in connection with an amendment to an existing agreement with Mattern & Craig, Inc., to provide additional engineering services for improvement of water facilities for Roanoke Centre for Industry and Technology. Ordinance No. 31610-080993 was adopted by the Council of the City of Roanoke on first reading on Monday, July 26, 1993, also adopted by the Council on second reading on Monday, August 9, 1993, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/KAE City Clerk MFP: sm Eric. pc: W. Robert Herbert, City Manager William F. Clark, Director, Public Works Charles M. Huffine, City Engineer Philip C. Sehirmer, Project Manager Sarah E. Fitton, Construction Cost Technician Kit B. Kiser, Director, Utilities and Operations Barry L. Key, Manager, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROAHOKE~ VIRGINIA The 9th day of August, 1993. No. 31610-080993. AN ORDINANCE to amend and reordain certain sections of the 1993-94 Capital and Water Fund Appropriations. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1993-94 Capital and Water Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in pert: General Government $ 21,184,614 RCIT Addition (1) ................................... 174,323 Capital Improvement Reserve 5,099,400 Capital Improvement Reserve (2) ..................... 343,652 Water Fund Capital Outlay Water Plant Expansion - Bonds 92 (3) ................ RCIT Water Storage Tank (4) ......................... 31,272,272 5,528,489 25,677 1) Appropriations from Third Party 2) Economic Development 3) Appropriations from Bond Funds 4) Appropriations from Bond Funds (008-052-9680-9004) $ (25,677) (008-052-9575-9178) 25,677 (002-056-8366-9189) $ (25,677) (002-056-8376-9001) 25,677 ATTEST: city Clerk. '93 ,/1!! 21 t',,tt :IX Roanoke, July 26, Virginia 1993 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of City Council: SUBJECT: WATER FACILITIES ROANOKE CENTRE FOR INDUSTRY AND TECHNOLOGY I. Background: The City of Roanoke provides public water service to the Roanoke Centre for Industry and Technology (RCIT). Customers are connected to a water distribution system that is supported by an existing water tank located in Statesman Industrial Park. This tank is supplied by water from the Carvins Cove and Falling Creek water plants. Due to the location and elevation of this tank, under certain operating conditions water supply to fringe areas in RCIT is marginal. II. Current Situation: In order to provide improved water service to the Roanoke Centre for Industry and Technology, the City has retained the services of Mattern & Craig, Inc. to analyze the current water distribution system and make recommendations for the location, size and related appurtenances for a new water storage tank to be located in the vicinity of the Roanoke Centre for Industry and Technology. The services of Mattern & Craigt Inc. are being provided to the City of Roanoke under the terms of an Agreement for Professional Services dated December 13, 1991. This agreement provided for engineerinq design services for roadways and utilities located in the Addition to the Roanoke Centre for Industry and Technology. This agreement covers services up to a maximum contract value of $200~000.00. The current contract value is $158~820.00. Honorable Mayor and Members of City Council WATER FACILITIES ROANOKE CENTRE FOR INDUSTRY AND TECHNOLOGY Page 2 July 26, 1993 Ce Enqineerinq Services to be Provided: Computer Model the existing water system between the Statesman Industrial Park pump station and the Roanoke Centre for Industry and Technology. Evaluate water tank alternatives to provide enhanced water flow and pressure in RCIT. Provide foundation recommendations for the proposed water tank site. Prepare a written report detailing the alternatives examined and proposed action. The report is to be in sufficient detail to gain regulatory approval from the Virginia Department of Health. Provide operational analysis of the existing water distribution system if needed and authorized. Mattern & Craig~ Inc. has agreed to perform the work listed above for a fee not to exceed $25~677.00. Approval of this contract amendment will increase the current contract value to $184,497.00 and not modify the contract limit of $200,000.00. III. Issues in Order of Importance: Enqineering concerns in establishing a reliable but cost-effective method of improving water service to the Roanoke Centre for Industry and Technology. Be Schedules to provide analysis of the existing water distribution system and recommendations for proposed improvements in a timely manner. Funding for the existing agreement for professional services was appropriated from proceeds from the sale of a shell building to Quibell, Inc. It is Honorable Mayor and Members of City Council WATER FACILITIES ROANOKE CENTRE FOR INDUSTRY AND TECHNOLOGY Page 3 July 26, 1993 proposed to reimburse the cost of this contract amendment from Water Fund Retained Earnings. IV. Alternatives: Approve an amendment to the existing engineering services agreement as defined above to Mattern & Craig, Inc. in the amount of $25t677.00. Engineering concerns in establishing a reliable but cost-effective method of improving water service to the Roanoke Centre for Industry and Technology will be addressed. Schedules to provide analysis of the existing water distribution system and recommendations for proposed improvements will be completed within thirty (30) days. Funding for the proposed contract amendment is available in Water Fund Retained Earnings. These funds will replace previously appropri- ated funds for this contract. Do not approve an amendment to the existing engineering services agreement as defined above to Mattern & Craig, Inc. in the amount of $25t677.00. Enqineering concerns in establishing a reliable but cost-effective method of improving water service to the Roanoke Centre for Industry and Technology will not be addressed. Schedules to provide analysis of the existing water distribution system and recommendations for proposed improvements will be delayed indefinitely. 3. Fundinq remains in existing sources. Honorable Mayor and Members of City Council WATER FACILITIES ROANOKE CENTRE FOR INDUSTRY AND TECHNOLOGY Page 4 July 26, 1993 Recommendation is that the City: ADprove an amendment to an existing professional services agreement with Mattern & Craig, Inc. in the amount of $25~677.00. Transfer $25~677.00 from the Water Fund account 002-056-8366-9189, Plant Expansion Bonds 92, to an account to be established in the Water Fund for the design and construction of a new water storage tank. Also transfer $25,677.00 from the RCIT Engineering account 008-052-9680-9004, to the Capital Improvement Reserve account for Economic Development, 008-052-9575-9178. Respectfully submitted, W. Robert Herbert City Manager WRH/PCS/kp cc: City Attorney Director of Finance Director of Public Works Director of Utilities and Operations Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2~.1 SANDRA H. FAY, IN Deputy City Clerk August 11, 1993 File #468 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 31612-080993 approving issuance of Change Order No. 3 to the City's contract with Crowder Construction Company, in the amount of $319,679.78, in connection with Carvin's Cove Filter Plant Improvements - Phase I, to provide changes necessary to permit relocation of the chemical feed point, and 45 additional consecutive calendar days construction time. Ordinance No. 31612-080993 was adopted by the Council of the City of Roanoke on first reading on Monday, July 26, 1993, also adopted by the Council on second reading on Monday, August 9, 1993, and will take effect ten days following the date of its second reading. Sincerely, Mater F. Parker, C City Clerk MFP: sm Erie. pc: C. E. Tucker, Senior Vice President, Crowder Construction Company, P. O. Box 30007, Charlotte, North Carolina 28204 Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Acting Director of Finauce Kit B. Kiser, Director, Utilities and Operations M. Craig Sluss, Manager, Water Department D. Darwin Roupe, Manager, General Services William F. Clark, Director, Public Works W. Robert Herbert, City Manager August 11, 1993 Page 2 pc; Charles M. Huffine, City Engineer L. Bane Coburn, Project Manager Sarah p.. Fitton, Construction Cost Technician Barry L. Key, Manager, Office of Management and Budget Dolores C. Daniels, Assistant to the City Manager for Community Relations IN THE COUNCIL OF THE CITY OF ROANOKE, The 9th day of August, 1993. No. 31612-080993. VIRGINIA, AN ORDINANCE approving the City Manager's issuance of Change Order No. 3 to the City's contract with Crowder Construction Company, to implement changes necessary to permit relocation of the chemical feed point, in connection with Carvins Cove Filter Plant Improvements - Phase I. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager or the Assistant City Manager is authorized and empowered to issue, for and on behalf of the City, upon form approved by the City Attorney, Change Order No. 3 to the City's contract with Crowder Construction Company in connection with Carvin's Cove Filter Plant Improvements Phase I, such Change Order shall provide for the changes necessary to permit relocation of the chemical feed point, as more particularly set forth in the July 26, 1993 report of the City Manager to this Council, the amount of such Change Order 3, to be in the amount of $319,679.78, and 45 additional consecutive calendar days construction time. ATTEST: City Clerk. Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: SUBJECT: CHANGE ORDER NO. 3 CARVINS COVE FILTER PLANT IMPROVEMENTS - PHASE I ROANOKE, VIRGINIA £117¥ Roanoke, Virginia '93 ,III1. ~2 ,,~(!:,~ I. Background: A. Bids for this project were received by the Council appointed Bid Committee on October 16, 1992. Six (6) bids were received for this project with Crowder Construction Company of Charlotte, North Carolina, submitting the low bid in the amount of $12~682,280.00 and 730 consecutive calendar days. The acceptance of this bid was approved by Council on November 16, 1992. At the time of advertising of the project, Mattern & Craig, Inc., submitted contract documents to Roanoke and Botetourt Counties for their review and approval relating to zoning, erosion and sediment control, stormwater management, building permits and fire marshal approval. Several meetings with both counties were held as informational meetings during the time of preparation of the contract documents. Roanoke County completed their plan review the first week in January 1993. Several minor changes were required along with the major revision of increasing the sediment basin to comply with the newly issued Virginia Erosion and Sediment Control Manual. This was Change Order No. 1 approved by Council on February 22, 1993, in the amount of $212t519.35 and an additional 3__0 consecutive calendar days construction time. The total contract amount was then $12,894~799.35 with 760 consecutive calendar days construction time. Change Order No. 2 in the amount of $1~961.30 was an administratively approved order for some required electrical changes. There was no additional time of construction. Honorable Mayor and Members of City Council RE: Change Order No. 3 Carvins Cove Filter Plant July 26, 1993 2 of 3 II. Current Situation: Mattern & Craiql Inc. has completed the revisions to the contract documents to permit the introduction of chemical treatment of the raw water at the intake chamber on the face of the dam. They issued these changes to Crowder Construction Company for pricing and have discussed and negotiated the cost of changes with the contractor. The negotiated cost of the required changes is $3191679.78 and 4__5additional consecutive calendar days construction time. III. Issues in order of importance are: A. Enqineerinq concerns B. Fundinq C. Time of completion IV. Alternatives are as follows: ae Approve the issuance of Change Order No. 3 to the contract with Crowder Construction Company, in the amount of $319~679.78 and 45 additional consecutive calendar days construction tl~. Engineerinq concerns would be met and the chemical treatment of raw water could occur at the intake structure. The change in treatment location and method has been approved by Federal and State Regulatory Agencies. Fundinq is available for these revisions to the contract documents in the project Contingency Account No. 002-056-8368-9065. Time of completion will be extended by 4--5 consecutive calendar days. Time of construction will now become 805 consecutive calendar days. Completion date will then be April 4, 1995. Honorable Mayor and Members of City Council RE: Change Order No. 3 Carvins Cove Filter Plant July 26, 1993 3 of 3 Reject the issuance of Change Order No. 3 and do not authorize the relocation of the Chemical Feed point. Engineerinq concerns would not be addressed and chemical treatment would be at the plant site and not at the raw water intake. 2. Fundinq would remain in the project contingency account. 3. Time of completion would not change. V. Recommendation is that City Council take the following action: A. Concur with the implementation of Alternative A. Authorize the City Manager to issue Change Order No. 3 to the contract with Crowder Construction Company in the amount of $319~679.78 and 45 consecutive calendar days additional construction tim~. The total contract amount would then be $13~216~440.63 and 805 consecutive calendar days. WRH/LBC/fm Respectfully submitted, W. Robert Herbert City Manager cc: City Attorney Director of Finance Director of Public Works Director of Utilities and Operations Manager, Management & Budget Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets CITY '~.~ Jl]!_ ZZ $tll :1 b$ Office of the City Manager July 21, 1993 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Council Report - Change Order No. 3, Carvins Cove Filter Plant, Phase I You will have received a Council report on the subject matter. Due to certain claims of a patent or patent pending, this public report does not mention that this change order provides for a chemical feed pipe line between the filter plant and the dam for future potential use for zebra mussel control. As a matter of fact, this chemical feed line is also needed to periodically add chlorine or other chemicals to the raw water line to keep algae growth (slime) from building up in the raw water lines. Algae growth in pipe lines requires more energy for pumping water through that pipe line. Please call Kit Kiser at 981-2602 if you have questions on this matter. Sincerely, W. Robert Herbert City Manager WRH:afm Room 364 Municipal Building 215 Church Avenue, S.W. Roanoke, Vicginie 24011-1591 (703) 981-2333 MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk August 11, 1993 File #2-28-29-223-330-458-468 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 31613-080993 providing for acquisition of ~eai estate needed by the City for construction of the Carvins Cove Filter Plant Improvements, Phase I and II; authorizing the City Manager to enter into permits and agreements needed by the City for Carvins Cove Filter Plant Improvements, Phase I and II; authorizing the City Manager to fix a certain Limit on the consideration to be offered by the City; providing for the City's acquisition of such real estate by condemnation, under certain eiroumstances; and authorizing the City to make motion for the award of a right of entry on any of the paroels for the purpose of commencing the project. Ordinance No. 31613-080993 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 9, 1993. Sincerely, Ma~r F. Parker, City Clerk MFP: sm Erie o pc: Wtlburn C. Dibling, Jr., City Attorney Zames D. Grisso, Acting Director of Finance WilLiam F. Clark, Director, PubLic Works Charles M. Huffine, City Engineer Richard V. Hamilton, Real Estate Agent Sarah E. Fitton, Construction Cost Technician W. Robert Herbert, City Manager August 11, 1993 Page 2 pc: Kit B. Kiser, Director, Utilities and Operations Jesse H. Perdue, Jr., Manager, Utility Line Services M. Craig Sluss, Manager, Water Department IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of August, 1993. No. 31613-080993. AN ORDINANCE providing for the acquisition of real estate needed by the City for the construction of the Carvins Cove Filter Plant Improvements, Phase I and II; authorizing the City Manger to enter into permits and agreements needed by the City for the Carvins Cove Filter Plant Improvements, Phase I and II; authorizing the City Manager to fix a certain limit on the consideration to be offered by the City; providing for the City's acquisition of such real estate by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. For the consideration of the Carvins Cove Filter Plant Improvements, Phase I and II, including various waterlines needed by the City, the City wants and needs certain easements, together with temporary construction easements and rights of ingress and egress, fee simple title to two parcels of real estate, certain permits, agreements with Appalachian Power Company, and agreements with Roanoke Gas Company, as more specifically listed in the reports and attachments thereto of the City Manager to this Council on this subject, dated February 8, 1993 and July 26, 1993, on file in the Office of the City Clerk. The proper City officials are authorized to acquire for the City from the respective owners the necessary easements with appropriate ancillary rights with respect to the parcels and the fee simple title to two parcels, for such consideration as the City Manager may deem appropriate, subject to the limitation set out below and subject to applicable statutory guidelines. The City Manager is authorized to execute certain Norfolk Southern permits, agreements with Appalachian Power Company, and agreements with Roanoke Gas Company. All requisite documents shall be upon form approved by the City Attorney. 2. The City Manager is directed to offer on behalf of the City to the owners of each of the aforesaid parcels, Norfolk Southern Corporation, Appalachian Power Company, and Roanoke Gas Company, such consideration as he deems appropriate for the necessary interests, provided, however, the total consideration offered or expended shall not exceed $180,000.00 without further authorization of Council. Upon the acceptance of any offer and upon delivery to the City of a deed, permit or agreement, approved as to form and execution by the City Attorney, the Director of Finance is directed to pay the respective consideration to the owners of the interest conveyed, certified by the City Attorney to be entitled to the same. 3. Should the City be unable to agree with the owner of any real estate over which an easement is required or with the owner of the parcels to be acquired in fee simple or should any owner be a person under a disability and lacking capacity to convey real estate or should the whereabouts of the owner be unknown, the City Attorney is authorized and directed to institute condemnation or legal proceedings to acquire for the City the appropriate real estate. 4. In instituting or conducting any condemnation proceeding, the City Attorney is authorized to make motion on behalf of the City for entry of an order, pursuant to S25-46.8, Code of Virginia (1950), as amended, granting to the City a right of entry for the purpose of commencing the project. The Director of Finance, upon request of the City Attorney, shall be authorized and directed to drawn and pay into court the sums offered to the respective owners. 5. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. [:!T'f ROanoke, Virginia July 26, 1993 '93 ,ljl 22 ' Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of City Council: SUBJECT: CARVINS COVE FILTER PLANT, PHASE I AND II WATERLINE LAND ACQUISITION I. Backqround: City Council previously authorized the acquisition of forty-seven (47) easements and one (1) fee simple parcel for the construction of the Carvins Cove Waterline Improvement Project. II. Current Situation: Neqotiations for land rights~ land transactions~ and final plan modifications resulted in some revisions in parcels listed in the February 8, 1993 Council Report approved by City Council. Therefore, City staff has updated the previous list for Council's consideration. Plats and title work have noted several Norfolk- Southern right-of-ways, Appalachian Power Company easements, and Roanoke Gas Company easements to be crossed by the waterline. These crossings require the City to execute agreements that require Council authorization to accept liability for damage to their facilities. Funds have already been appropriated for these property interest acquisitions and are available in account number 002-056-8365-9001, Carvins Cove Plant Expansion Property Acquisition. III. Issues: Need Cost to the City Timinq Honorable Mayor and Me~%bers of City Council CARVINS COVE FILTER PI2%NT, PHASE I AND II WATERLINE LAND ACQUISITION Page 2 July 26, 1993 IV. Alternatives: City Council approve acquisition of the attached revised list of properties required for the construction of the Carvins Cove Phase I and II Waterline Improvement and authorize the City Manager to execute permits with Norfolk-Southern, Appalachian Power Company, and Roanoke Gas Company. 1. Need for improvements to the Carvins Cove Filter Plant has been documented in a report by Mattern & Craig, Inc. Cost to the City is as outlined in the October 26, 1992 report to City Council and available in account number 002-056-8365-9001, Carvins Cove Plant Expansion Property Acquisition. Appraisals Administration Real Estate Cost 40,000.00 30,000.00 180~000.00 Total $250,000.00 Timing for completing acquisition is becoming critical to the completion of Contract A, Phase II of the overall project. City Council does not approve acquisition of attached revised list of properties. Need for improvements to the Carvins Cove Filter Plant has been documented in a report by Mattern & Craig, Inc. 2. Cost to the City would be outlined as above. Timing for the completion of Contract A, Phase II of the overall project would be jeopardized. Honorable Mayor and Members of City Council CARVINS COVE FILTER PLANT, PHASE I AND II WATERLINE LAND ACQUISITION Page 3 July 26, 1993 Recommendation: Concur with the implementation of alternative "A" and approve acquisition of revised list of easements and parcels outlined in the attached list and authorize the City Manager to execute required permits with Norfolk-Southern, Appalachian Power Company, and Roanoke Gas Company. Respectfully submitted, W. Robert Herbert City Manager WRH/kp Attachment City Attorney Director of Finance Director of Public Works Director of Utilities and Operations Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets Manager, Water Department Attachment I Easements: Botetourt County: 106-1-4 106-1-5 Bernard R. & Sheila F. Stover Bernard R. & Sheila F. Stover Roanoke County: 18.00-1-1 18.00-1-2 18 18-3-3.1 18 18-3-4 18 18-3-5 18 18-3-5.1 18 18-3-10 27 00-1-1 27 07-1-4 27 10-6-5 27.10-6-5.1 27.11-2-6 27.11-2-7 27.11-2-8 27.11-2-9 27.11-2-10 27.11-2-11 27.11-2-12 27.11-2-13 27.11-3-1 27.11-3-2 27 11-3-3 27 11-3-4 27 11-3-5 27 11-3-6 27 11-4-1.1 27 14-3-3 27.14-3-4 27.14-3-11 27 · 14-4-4 27.14-4-5 27.18-2-16 38.06-7-1 38.06-8-1 38.06-8-2 38.06-9-1 38.11-1-2 Clinton L. Pultz Clinton L. Pultz ~Danny R. Myers Avis Marie Myers Avis Marie Myers Avis Marie Myers /George W. & Jearlden Wilkerson ~Hollins College Raymond B. Huffman John P. & Leigh A. Law SUBDIVIDED - William T. Crozier & Frank S. Stebbins J. C. Faw & Judy A. Faw William Walker McClammer Louzelle C. Self Mary J. & Richard Brooks Robert D. & Sandra Chapman Dick A. Cook Ethel I. Snyder Ethel I. Snyder VAKS LTD James Michael Fralin J. D. Fralin J. D. Fralin J. D. Fralin ~Larry T. & Patricia B. Hill Dr. Daniel Hoback James Michael Fralin Industrial Dev. Auth. of Roanoke County L. P. Kaustana Assoc. Richard W. Sloan Adolphus R. & Leo S. Simpson Joyce M. Chapman J. D. Fralin J. D. Fralin Brookside Golf Course Brookside Golf Course William S. Dowdy Kevin L. & Nicha S. Higgs and Attachment I Page 2 38.11-1-3 38.11-1-29 38.15-1-1 38.15-1-2 38.15-1-3 38.15-1-4 38.15-1-5 38.15-1-6 Kevin L. & Nlcha S. Higgs Douglas W. McDaniel, Sr. Friendship Manor Apt. Village Corp. Friendship Manor Apt. Village Corp. Friendship Manor Apt. Village Corp. Friendship Manor Apt. Village Corp. Friendship Manor Apt. Village Corp. Mrs. R. Douglas Nininger City of Roanoke 3030402 3030405 3051109 4250101 4250102 4250103 4250104 Roanoke Valley Resource Authority Roanoke Valley Resource Authority H. L. Lawson & Son Appalachian Power Company Appalachian Power Company Robert Wayne Kennedy Branch and Associates Fee Simple Property City of Roanoke 4440716 4440717 Linda B. Meador Linda B. Meador MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk August 11, 1993 File #60-405-468 James D. Grisso Acting Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 31614-080993 amending and reordaining certain sections of the 1993-94 Water Fund Appropriations, providing for the transfer of $253,000.00, from Water Plant Expansion - Bonds 92 to Falling Creek Finished Water Reservoir, in connection with award of a contract to Hammond-Mitchell, Inc., for construction of the Falling Creek Finished Water Reservoir. Ordinance No. 31614- 080993 was adopted by the Council of the City of Roanoke on first reading on Monday, July 26, 1993, also adopted by the Council on second reading on Monday, August 9, 1993, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc: W. Robert Herbert, City Manager WilliAm F. Clark, Director, Public Works Charles M. Huffine, City Engineer Earl Sturgill, Project Manager Sarah E. Fitton, Construction Cost Technician Kit B. Kiser, Director, Utilities and Operations M. Craig Sluss, Manager, Water Department Barry L. Key, Manager, Office of Management and Budget IN THE COUNCIL OF THE CITY OF RO/%NOKE, VIRGINIA The 9th day of August, 1993. No. 31614-080993. AN ORDINANCE to amend and reordain certain sections of the 1993-94 Water Fund Appropriations. THEREFORE, BE IT ORDAINED by the Council of the city of Roanoke that certain sections of the 1993-94 Water Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Capital Outlay Water Plant Expansion - Bonds 92 (1) .............. Finished Water Reservoir (2) ...................... $ 31,272,272 5,301,166 288,000 Appropriation 1) from Bond Funds (002-056-8366-9189) $(253,000) 2) Appropriation from Bond Funds (002-056-8369-9001) 253,000 ATTEST: city Clerk. MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk August 11, 1993 File #405-468 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 31615-080993 accepting the bid of Hammond- Mitchell, Inc., in the amount of $230,000.00, for construction of the Falling Creek Finished Water Reservoir, upon certain terms and conditions; authorizing the proper City officials to execute the requisite contract for such work; and rejecting all other bids made to the City for the work. Ordinance No. 31615-080993 was adopted by the Council of the City of Roanoke on first reading on Monday, July 26, 1993, also adopted by the Council on second reading on Monday, August 9, 1993, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: em Enc. pc: Robert C. Littleton, Vice President, Hammond-Mitchell, Inc. P.O. Box 428, Covington, Virg/ni~ 24426 ' Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Acting Director of Finance William F. Clark, Director, Public Works Charles M. Huffine, City Engineer Earl Sturgili, Project Manager Sarah E. Fitton, Construction Cost Technician Kit B. Kiaer, Director, Utilities and Operations M. Craig Slues, Manager, Water Department Barry L. Key, Manager, Office of Management and Budget MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, $.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 August 11, 1993 SANDRA H. EAKIN Deputy City Clerk File #405-465 Acorn Construction, Ltd. Allegheny Construction Co., Inc. Breakell, Inc. Crowder Construction Co. Structures and Utilities Co., Inc. Gentlemen: I am enclosing copy of Ordinance No. 31615-080993 accepting the bid of Hammond- Mitchell, Inc., in the amount of $230,000.00, for construction of the Falling Creek Finished Water Reservoir, upon certain terms and conditions; authorizing the proper City officials to execute the requisite contract for such work; and rejecting all other bids made to the City for the work. Ordinance No. 31615-090993 was adopted by the Council of the City of Roanoke on first reading on Monday, July 26, 1993, also adopted by the Council on second reading on Monday, August 9, 1993, and will take effect ten days following the date of its second reading. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on the abovedescribed project. Sincerely, Mar~ F. Parker, CMC/AAE City Clerk MFP: sm Eno. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of August, 1993. No. 31615-080993. AN ORDINANCE accepting the bid of Hammond-Mitchell, Inc. for construction of the Falling Creek Finished Water Reservoir upon certain terms and conditions, and awarding a contract therefor; authorizing the proper contract for such work; for the work. City officials to execute the requisite rejecting all other bids made to the City BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of Hammond-Mitchell, Inc., in the total amount of $230,000.00 for the construction of the Falling Creek Finished Water Reservoir, as more particularly set forth in the July 26, 1993 report of the City Manager to this Council, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered said bidder, which bid is on file in the Office of the City Clerk, be and is hereby ACCEPTED. 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefor and the City's specifications made therefor, said contract to be in such form as is approved by the City Attorney, and the cost of said work to be paid for out of funds heretofore or simultaneously appropriated by Council. 3. Any and all other bids made to the City for the aforesaid work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. ATTEST: City Clerk. Roanoke, Virginia July 26, 1993 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of City Council: SUBJECT: BID COMMITTEE REPORT CITY OF ROANOKE WATER DEPARTMENT FALLING CREEK FINISHED WATER RESERVOIR BEDFORD COUNTY, VIRGINIA I concur with the Bid Committee recommendation relative to the above project and recommend it to you for appropriate action. Sincerely, W. Robert Herbert City Manager WRH/ES/kp cc: City Attorney Director of Finance Director of Public Works Director of Utilities and Operations Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets Roanoke, Virginia July 26, 1993 Honorable Mayor and Members of City Council Roanoke,Virginia Dear Members of City Council: SUBJECT: BID COMMITTEE REPORT CITY OF ROANOKE WATER DEPARTMENT FALLING CREEK FINISHED WATER RESERVOIR BEDFORD COUNTY, VIRGINIA I. Background: Bids, following proper advertisement, were publicly opened and read aloud before the City Council on June 28, 1993, for the construction of a new Finished Water Reservoir located at the City of Roanoke Water Plant at Falling Creek in Bedford County, Virginia. Be Six (6) bids were received with Hammond-Mitchell, Inc. of Covington, Virginia submitting the low bid in the amount of $230,000.00 and one hundred fifty (150) consecutive calendar days. The work consists of site clearing, earthwork, foundations, reservoir construction, yard piping and repairs to an existing finished water reservoir. II. Issues: A. Compliance of bidders with the requirements of the contract documents. B. Amount of the Iow bid. C. Funding for the project. D. Time of Completion. III. Alternatives: ae Award a lump sum contract to Hammond-Mitchell, Inc. of Covington, Virginia in the amount of $230,000.00 and one hundred fifty (150) consecutive calendar days for the construction of the Falling Creek Finished Water Reservoir in accordance with the contract documents. · Honorable Mayor and Members of City Council BCR - FALLING CREEK FINISHED WATER RESERVOIR Page 2 July 26, 1993 Compliance of the bidders with the requirements of the contract documents was satisfied. 2. Amount of the bid is acceptable. The low bid is 29% below the project estimate of $325,000.00. Fundinq for the project is available in Water Plant Expansion Bonds 92, account number 002-056-8366-9189. Time of completion is one hundred fifty (150) consecutive calendar days, which is acceptable. Reject all bids and do not award a contract at this time. Compliance of the bidders with the requirements of the contract documents would not be an issue. Amount of the bid would probably increase if rebid at a later date. 3. Fundinq would not be encumbered at this time. 4. Time of completion would be extended· IV. Recommendation is that City Council take the following action: A. Concur in the implementation of Alternative "A". Authorize the City Manager to enter into a contractual agreement, in a form approved by the City Attorney, with Hammond-Mitchell, Inc. for the construction of the Falling Creek Finished Water Reservoir in accordance with the contract documents and in an amount of $230,000.00 and one hundred fifty (150) consecutive calendar days. Authorize the Director of Finance to transfer the following funding from Water Plant Expansion Bonds 92, account number 002-056-8366-9189, to Falling Creek Finished Water Reservoir, account number 002-056-8369-9065: Honorable Mayor and Members of City Council BCR - FALLING CREEK FINISHED WATER RESERVOIR Page 3 July 26, 1993 Contract Amount Contingency $230,000 23t000 $253,000 Reject the other bids received. Respectfully submitted, . ! William White, Sr./Chairman M. Crai~ Sluss PCS/kp Attachment: Tabulation of Bids cc: City Attorney Director of Finance Director of Public Works Director of Utilities and Operations Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets TABULATION OF BIDS CITY OF ROANOKE WATER DEPARTMENT FALLING CREEK FINISHED WATER RESERVOIR BEDFORD COUNTY, VIRGINIA JOB NO. 6240 Bids opened before City Council on Monday, June 28,1993 at 2:00 p.m. BIDDER I Base Bid* [ Time** I Bond Hammond-Mitchell, Inc. $230,000.00 150 Yes Acorn Construction, LTD. $249,165.00 150 Yes Breakell, Inc. $274,900.00 150 Yes Allegheny Construction Co., Inc. $294,800.00 150 Yes Structures & Utilities Co, Inc. $323,000.00 150 Yes Crowder Construction Company $343,000.00 150 Yes * Includes $1000.00 Geotechnical Allowance ** Consecutive Calendar Days Estimated Cost: $325~000.00 William White, Sr., C~airman Kit' Klser M.~raig Sluss Office of the City Engineer Roanoke, Virginia June 28, 1993 CITY OF ROANOKM INTERDEPARTMENTAL COMMUNICATION DATE: TO: FROM: August 25, 1993 W. Robert Herbert, City Manager Mary F. Parker, City Clerk For your information, I am attaching a verbatim transcript of the remarks of Helen E. Davis and Evelyn D. Bethel which were presented at the regular meeting of Council on Monday, August 9, 1993. MFP: sm Enc. TRANSCRIPT REMARKS OF MS. HELEN E. DAVIS MONDAY, AUGUST 9, 1993 MS. DAVIS: My name is Helen E. Davis, and I live at 35 Patton Avenue, N. E. Mayor Bowers, Mrs. Bowles, Members of City Council, I have a concern, and I would like to let you know about it and see if you can give me a little assistance with it. I spoke to Mr. Herbert about six months ago about a concern. When the City issues statements concerning our neighborhood, they say Gainsboro community - Gainsboro leaders. Our neighbors call our house. We don't know anything about it. I saw this coming some time ...... What I am saying is, that the people that are meeting with Mr. Herbert, they should stand and be accountable. It's the same thing. Say the Chicago Bulls are playing the Lakers. They are going to say "foul" on Chicago. Well, who on Chicago? Is it Michael? Scotty? or who? You have to call the name. This is not fair, because people are getting mixed messages, and I am, too, and I am very disappointed in the way it's being done. When you make statements, Mr. Bowers, and other City Council Members, the papers quote you and give your names. When they quote me, Ms. Bethel, or Reverend Green, any of us, our names are given, but when these critical, crucial decisions come out, Gainsboro residents Gainsboro - no name. This isn't the right way. People have the right to disagree, but they need to stand and their names need to be called. This isn't fair, and it's not right. I have asked Mr. Herbert about this twice. People can oppose each other, but they have to be accountable. So I am asking you, would you please try and take care of that matter for me and others of our neighbors because they are confused, and it's not right. It isn't fair. There are a lot of crucial issues still to come pertaining to our neighborhood, and we want these names to be called. That's the end of that little concern, and I Just want to say an admission of error is a sign of strength, not weakness and what this City plans to do to Gainsboro I think they need to slow down. There is nothing any more we have than time. Take time. Do you have all the answers that we're concerned about that haven't been addressed? It is a sad day for the City of Roanoke, and I am very disappointed in all of you. Thank you. MAYOR BOWERS: Thank you, Ms. Davis, and I will ask that a copy of her remarks be referred to the City Manager for his consideration. Without objection, it is so ordered. TRANSCRIPT REMARKS OF MS. EVELYN D. BETHEL MONDAY, AUGUST 9, 1993 Ms. Bethel, did you, again, want to address Council? MS. BETHEL: I do. MAYOR BOWERS: Please come around the front way, please. Ms. Bethel. MS. BETHEL: Mayor Bowers, gentlelady and gentlemen of the City Council, I am Evelyn D. Bethel, a resident of historic Gainsboro. My home is located at 35 Patton Avenue, N. E. I would like to commend you, Mayor Bowers, Assistant City Manager Rltchie, in the absence of City Manager Herbert, and each one of you Council Members, I commend you for making first-class mistakes by treating Gainsboro residents as if we are fourth-class citizens. MAYOR BOWERS: Ms. Bethel, I would be pleased to let you continue, but now I have already given you one opportunity to speak on this issue, and this is your second opportunity. MS. BETHEL: Which issue? MAYOR BOWERS: On this Gainsboro issue. You already had an opportunity .... MS. BETHEL: All of Gainsboro? MAYOR BOWERS: Ma'am .... MS. BETHEL: All of Gainsboro? MAYOR BOWERS: Ma'am, you've already had one opportunity to speak. MS. BETHEL: Tonight? MAYOR BOWERS: Ms. Bethel, I have already given you one opportunity to speak, and you wanted to take that opportunity after the vote was taken. MS. BETHEL: That was concerning the Wells Avenue ..... MAYOR BOWERS: I am going to hear you again on this, Ms. Bethel, but I don't know how much longer Council is going to want to continue allowing you the opportunity to speak on this issue. MS. BETHEL: Well, I think you're reading ....... MAYOR BOWERS: Let me ask you to continue ...... MS. BETHEL: Well, I think you're reading my mind, if you thought I was going to mention the Wells Avenue situation. MAYOR BOWERS: Well, then I ... MS.BETHEL: I was not going to address that. MAYOR BOWERS: remarks. Let me, again, Just ask you to continue in your MS. BETHEL: Thank you. I am speaking with respect to three separate issues. The issue has been brought to City Council before, and it concerns the closing of streets in Gainsboro without proper notice to the residents. If you were sponsoring a bicycle race, you would probably pick one of the quietest areas in the City. It happened to be located in Gainsboro. Our streets were blocked off without notice to the residents. It was blocked off for all day -- without notice to the residents. The second incident occurred when First Street was closed for the demolition of a building without prior notice to the residents. One person who lives on Wells Avenue had to be assisted to Jefferson Street to get a ride, and this person was ill. There was no advance notice to the residents that First Street was going to be closed or Wells Avenue was going to be closed. Oh, there was an article in the paper that morning, and the demolition occurred the same day. People called me and wanted to know about it. I told them that was the first instance I had heard about it. I suggested that they call Ex-Mayor Taylor because his name was mentioned in the article. Their response was "Oh, he's busy", meaning, of course, I guess that I wasn't busy so they would call me. The third incident has not yet occurred, however I have seen a notice in the paper. It concerns the closing of the Fifth Street Bridge, and it is anticipated that it would be closed for about seven to eight months, however, there has been no .... notice on the Government Access Channel, and that's going to be closed about eight months. However, I have consistently seen notices on that Channel about the partial closing of the Elm Avenue stretch and the partial closing of Shaffer's Crossing, and those are only for parts of the day, and I believe the Shaffer's Crossing may be completed by now. However, there is no notice on the TV about the Fifth Street closing, therefore, it seems to me that each of you share in the continuing saga of both active and benign abuse of Roanoke's oldest and most historic neighborhood - Gainsboro. Thank you. MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk August 11, 1993 File #293-110-247 IV. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31647-080993 authorizing the agreement with the Roanoke Valley Convention and Visitor's Bureau to provide that the designee of the Chairman of the Hotel Roanoke Conference Center Commission may serve on the Board of Directors of the Roanoke Valley Convention and Visitor's Bureau. Resolution No. 31647-080993 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 9, 1993. Sincerely, Mary F. Parker, City Clerk MFP: sm Eno. pc: Martha A. Mackey, Executive Director, Roanoke Valley Convention and Visitor's Bureau, p. O. Box 1710, Roanoke, Virginia 24008 Brian J. Wishneff, Acting Director, Hotel Roanoke Conference Center, 111 Frank{in Plaza, Suite 230, Roanoke, Virginia 24011 Beverly A. James, 111 FrenkHn Plaza, Suite 230, Roanoke, Virginia 24011 Barry L. Key, Manager, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, The 9th day of August, 1993. No. 31647-080993. VIRGINIA, A RESOLUTION authorizing the agreement with the Roanoke Valley Convention and Visitor's Bureau to provide that the designee of the Chairman of the Hotel Roanoke Conference Center Commission may serve on the Board of Director's of the Roanoke Valley Convention and Visitor's Bureau. BE IT RESOLVED by the Council of the City of Roanoke that the agreement between the City and the Roanoke Valley Convention and Visitor's Bureau (RVCVB) heretofore authorized by Council on June 28, 1993 by Resolution No. 31552-062893 provide that the Chairman of the Hotel Roanoke Conference Center Commission or his designee shall serve on the Board of Directors of the RVCVB. All remaining terms and conditions of the agreement shall remain unchanged from those previously authorized by Council. ATTEST: City Clerk. David A. Bowers Mayor Beverly T. Fitzpatrick, Jr. Vice-Mayor CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S.W., Room 456 Roanoke. Virginia 24011-1536 Telephone: (703) 981-2541 August 11, 1993 Council Members: Elizabeth T. Bowles James G. Harvey, Il Del,As O. "Mac" McCadden Howard E. Musser William White, Sr. Martha A. Mackey Executive Director Roanoke Valley Convention and Visitors Bureau P. O. Box 1710 Roanoke, Virginia 24008 Dear Ms. Mgckey: Due to the fact that my schedule has prevented me from attending meetings of the Board of Directors of the Roanoke Valley Convention and Visitors Bureau in my capacity as Chairperson of the Hotel Roanoke Conference Center Commission, I have requested authorization from Council to appoint a designee. Therefore, at the Council meeting on Monday, August 9, 1993, Council unanimously adopted Resolution No. 31647-080993 which will permit me to appoint Beverly James as my designee. Bev is presently working with Brian Wishneff on the Hotel Roanoke/Conference Center Project. You may contact her at 981-1170 or 111 Franklin Plaza, Suite 230. I regret that I have been unable to attend meetings of the Board of Directors of the Convention and Visitors Bureau and assure you that the Hotel Roanoke Conference Center Commission will be ably represented by Ms. James. With kindest regards, I am Sine/~rely, J~taes G. Harvey,. II_ _~, Council Member JGHII: sm pc: Ms. Beverly A. James, Central Fidelity Bank, 111 F~anklin Plaza, Suite 230, Roanoke, Virginia 24011