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HomeMy WebLinkAboutCouncil Actions 01-08-90Fitzpatrick (29906) REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL January 8, 1990 7:30 p.m. AGENDA FOR THE COUNCIL Call to Order -- Roll Call. All Present. The invocation will be delivered by The Reverend John B. Ratledge, Retired Minister. Present. The Pledge of Allegiance to the Flag of the United States of America will be led by Mayor Noel C. Taylor. Be PUBLIC HEARINGS Public hearing on the request of Roanoke Investments Associated, Inc., that a .43 acre tract of land lying near the northeast intersection of Melrose Avenue and Country Club Drive, N. W., identified as Official Tax No. 2660519, be rezoned from RS-3, Residential Single-Family District, to LM, Light Manufacturing District; and further requesting authorization to change the proffered zoning conditions on the adjoining 2.184 acre tract of land bearing Official Tax No. 2660519. Mr. Daniel F. Layman, Jr., Attorney. Adopted Ordinance No. 29906 on first reading. (7-0) Public hearing on the request of Ms. Nancy W. Cross that a portion of Barnes Avenue, N. W., approximately 672 feet in length, as measured along the center of the abandoned roadway, extending westerly from the eastern property line of a parcel of land identified as Official Tax No. 6600101 to the right-of-way of Virginia Route 117, be permanently vacated, discon- tinued and closed· Ms. Nancy W. Cross, gpokesman. Adopted Ordinance No. 29907 on first reading. (7-0) Public hearing on a proposal to increase the maximum amount for any single utility tax applied to each separate meter or location from $2,000.00 to $2,400.00. Mr. W. Robert Herbert, City Manager, and Mr. Wilburn C. Dibling, Jr., City Attorney. Adopted Ordinance No. 29908 on first reading. (7-0) (1 C~1 C-2 C-3 CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COUNCIL AND WILL BE ENACTED 8Y ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DIS- CUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. Miautes of the regular meetings of Council held on Monday, July 10, 1989, and Monday, July 24, 1989; the special meeting held on Monday, August 14, 1989; and the regular meetings held on Monday, August 14, 1989, and Monday, August 28, 1989. RECOMMENDED ACTION: Dispense with the reading thereof and approve as recorded. A communication from Mayor Noel C. Taylor requesting an Executive Session to discuss a special award, being the Annual Citizen of the Year Award, pursuant to Section 2.1-344 (A) (10), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene in Executive Session to discuss a special award, being the Annual Citizen of the Year Award, pursuant to Section 2.1-344 (A) (10), Code of Virginia (1950), as amended. Qualification of Messrs. Glynn D. Barranger, L. Elwood Norris, T. E. Roberts and Walter L. Wheaton as members of the Board of Zoning Appeals for terms of three years each, ending December 31, 1992. RECOMMENDED ACTION: Recetve and file. Request of Mayor Noel C. Taylor for an Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and coramittees appointed by Council, pursuant to Section 2.1-344 (A) (1), Code of Virginia (1950), as amended. REGULAR AGENDA Hearing of Citizens Upon Public Matters: None. Petitions and Communications: None. Reports of Officers: a. City Manager: Briefings: None. Items Recommended for Action: (2) be A report with regard to execution of a grant agreement with Mental Health Services for renovation of the Detoxification Center on Shenandoah Avenue, N. W. Adopted Ordinance No. 29909-1890. (7-0) City Attorney: A report recommending authorization to institute and conduct a suit to collect delinquent real estate taxes and assessments by judicial sale with respect to cer- tain properties. Adopted Resolution No. 29910-1890. Reports of Committees: (7-0) A report of the ~ater Resources Committee recommending authorization for the appropriate City officials to execute a lease agreement with Mr. Craig J. Putziger for approxi- mately 3,100 square feet of office space located at 712 Patterson Avenue, S. W., and the sublease of said facility by the City to the Virginia State Department of Health. Council Member Elizabeth T. Bowles, Chairman. Adopted Ordinance No. 29911-1890. (7-0) A report of the Water Resources Committee recommending authorization for the appropriate City officials to enter into a five year lease extension with Budget Rent-A-Car of Roanoke, Inc., for lease of property on Municipal Road, N. W. Council Member Elizabeth T. Bowles, Chairman· Adopted Ordinance No. 29912 on first reading. (7-0) A report of the Water Resources Committee recommending authorization for abandonment of an original ten foot water line easement, and the dedication of a new 20 foot water line easement through River Park Shopping Center, Vinton, Virginia, which property is owned by P-N-C, a North Carolina General Partnership. Council Member Elizabeth T. Bowles, Chairman. Adopted Ordinance No. 29913 on first reading. Unfinished Business: None. (7-0) Introduction and Consideration of Ordinances and Resolutions: None. 9. Motions and Miscellaneous Business: Inquiries and/or comments by the Mayor and Members of City Council. (3) 10. The City Attorney was requested to conduct a review of the City's Zoning Ordinance to determine if stronger regula- tions and management procedures are in order for certain zoning matters. bt Vacancies on various authorities, boards, committees appointed by Council. Reappointed Ms. Hortense W. Ruddick as Mental Health Services Board commissions and a member of the Concurred in the appointment of The Reverend Clay H. Turner as a member of the Mental Health Services Board Reelected Mr. Beverly T. Fitzpatrick, Sr., and Mr. Gordon H. Shapiro as members of the Court Community Corrections Program Policy Board. Other Hearings of Citizens: A proposal of Mr. Melvin Garrett with regard to an Anti-Drug Plan was referred to the City Manager and the Roanoke City School Board for evaluation as to how Mr. Garrett's proposal will fit into existing drug and alcohol prediction programs of the City. Certification of Executive Session. (7-0) (4) MINUTES CONSIDERED AT THIS COUNCIL MEETING I~La~Y BE REVIEWED ON LINE IN THE "OFFICIAL MINUTES" FOLDER, OR AT THE CITY CLERK'S OFFICE Office of the Mayor January 8, 1990 The Honorable Vice-Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: I wish to request an Executive Session to discuss a special award, being the Annual Citizen of the Year Award, pursuant to Section 2.1-344 (A) (10), Code of Virginia (1950), as amended. Sincerely, Noel C. Taylor~/ Mayor NCT: se Room452 MunicipalBuilding 215Church AYenue, S.W.,Roanoke, Virginia ~4011 (703)~J81-24~4 Office of the City Clerk January 10, 1990 File #15-51 Mr. L. Elwood Norris, Chairman Board of Zoning Appeals 3818 Park Lane, S. ~. Roanoke, Virginia 24015 Dear Hr. Norris: This is to advise you Roberts and ~alter L. Board of Zoning Appeals December 31, 1992. that ~essrs. Glynn D. Barranger, T. E. ~heaton have qualified as members of the for terms of three years each, ending Sincerely, ,!4ary F. Parker City Clerk C,~C MFP:ra pc: ,Ns. Ruth C. Armstrong, Secretary, Board of Zoning Appeals Room456 MunicipalBuJlding 215Church Avenue, S.w Roanoke, Virginia 24011 (703)981-2541 Office of the City Clerk December 20, 1989 File #15-51 Mr. ~lynn D. Barranger 4506 Eton Road, S. W. Roanoke, Virginia 24018 Dear ~r. 8arranger: At the regular meeting of the Council of the City of Roanoke held on Monday, December 18, 1989, you were reelected as a member of the Board of Zoning Appeals for a term of three years ending December 31, 1992. Enclosed you will find a Certificate of your reelection and an Oath or 4ffirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the ~unicipal Building prior to serving in the capacity to which you were reelected. Eor your information and pursuant to Section 2.1-341.1, Code of Virginia (1950), as amended, I am enclosing copy of the Freedom of Informalion Act. Sincerely, ~4ary F. Parker, C~IC City Clerk MFP:ra Ur. L. Elwood Norris, Chairman, 8oard of Zoning Appeals, 3818 Park Lane, S. ~., Roanoke, Virginia 24015 ,Ns. Ruth C. Armstrong, Secretary, Board of Zoning Appeals Room 456 Municipal Building 215 Church Avenue, S W. Roanoke, Vi[ginia 24011 (703) 981-2541 COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, ~ary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council held on the eighteenth day of Oecember, 1989, GLYNN D. BARRANGER was reelected as a member of the Board of Zoning Appeals for a term of three years ending December 31, 1992. Given under my hand and the Seal of twentieth day of December, 1989. the City of Roanoke this City Clerk 0-2 Oath or AffiX'marion of_ Office Sta~e o~ Virginia, ~i~t o~ Roanoke, to.~: I, ~'~ L~. L,,~r~::'~2~~' , do solemnly swear (or ~) ~t I w~l sup~ the Constitution of the United States, and the Constitution of the State of Virginia, and that I will faithfully and impa~ially discharge and perform all the duties incumbent upon me as according to the best of my ability. So help me God. Subserlbed and sworo to before me, this ~ ~ _day 0-2 Oath or Affirmafi°n of Office ~90 8~te off Virylnla, City off Roanoke, to .wit: ',~ ~" ' ~,~Ic.~y'.: ~:. do ~lemnly swear (or affirm) that I w~l zup~ the Constitution of the United States, and the Constitution of the State of Vkginia, and that I w~l faithfully and impartially discharge and perform all the duties incumbent upon me as according to the best of my ability. So help me God. Subscribed and sworn to he[ore me, this Deputy Clerk Office of the City Clerk December 20, 1989 File #15-51 Mr. ~. Elwood Norris 3818 Park Lane, S. W. ~oanoke, Virginia 24015 Dear Mr. Norris: At the regular meeting of the Council of the City of Roanoke held on Monday, December 18, 1989, you were reelected as a member of the Board of Zoning Appeals for a term of three years ending December 31, 1992. Enclosed you will find a Certificate of your reelection and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Please return one copy of the Oath of ~ffice to Room 456 in the Municipal Building prior to serving in the capacity to which you were reelected. For your information and pursuant to Section 2.1-341.1, Code of Virginia (1950), as amended, I am enclosing copy of the Freedom of Information Act. Sincerely, ~:~ Mary F. Parker, CMC City Clerk MFP:ra Enc. pc: ~s. Ruth C. Armstrong, Secretary, Board of Zoning .~ppeals Room 456 Municipal Building 215 Church Avenue, $~ W Roanoke, Virginia 24011 (703) 981-25~,1 COM~IONWEALTH OF VIRGINIA ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council held on the eighteenth day of December, 1989, L. ELWOC~D NORRIS was reelected as a member of the Board of Zoning Appeals for a term of three years ending December 31, 1992. Given under my hand and the Seal of the City of Roanoke this twentieth day of December, 1989. City Clerk 0-2 Oath or Affirmation of Office State o~ Virginia, Cit$1 o~ Roanoke, ~o.w/t: I, ~ ~ ..... ~ ~ ~'~ ~ , do solemnly swear (or affix) that I w~l sup~rt the Constitution of the Unit~ States, and the Constitution of the State of Virginia, and that I wRl faithfuRy and impartially discharge and perform all the duties incumbent upon me as according to the best of my ability. Subscribed and sworo to before me, this So help me God. /~ Office of the City Clerk December 20, 1989 File #15-51 Mr. Talmage E. Roberts 1344 Lakewood Drive, S. W. Roanoke, Virginia 24015 Dear Mr. Roberts: At the regular meeting of the Council of the City of Roanoke held on Monday, December 18, 1989, you were reelected as a member of the Board of Zoning Appeals for a term of three years ending December 31, 1992. Enclosed you will find a Certificate of your reelection and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on tbe third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. ~. Please return one copy of the Oath of Office to Room 456 in the Municipal ~uilding prior to serving in the capacity to which you were reelected. For your information and pursuant to Section 2.1-341.1, Code of Virginia (1950), as amended, I am enclosing copy of the Freedom of Information Act. ~{ary F. Parker, CMC City Clerk MFP:ra Enc. pc: Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals, Park Lane, S. W., Roanoke, Virginia 24015 Ms. Ruth C. Armstrong, Secretary, Board of Zoning Appeals 3818 Room 456 Municipal Building 215 Church Avenue. S.W. Roanoke, Virginia 24011 (703) 981-2541 COM~ONWEALT~ QF VIRGINIA ) ) To-wit: CITY QF ROANOKE ) I. Mary Fo Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council held on the eighteenth day of December, 1989, TALMAGE E. ROBERTS was reelected as a member of the Board of Zoning Appeals for a term of three years ending December 31, 1992. Given under my hand and the Seal of twentieth day of December, 1989. the City of Roanoke this City Clerk 0-2 Oath or Affirmation of Office ~tate oI Virginia, Cit~ o~ Roanoke, ~o I, .~ ). :,:~ L. ~hel. {:z:.'.. , do solemnly swear (or ~m) ~st I w~l sup~rt the Constitution of the United States, and the Constitution of the S~te of Virginia, and that I w~l faithfully and impa~ially discharge and perform according to the best of my ability. So help me God. Subscribed and sworn to before me, this Office of the City Clerk December 20, 1989 File #15-51 ,~r. Waiter L. Wheaton 1202 ~ercer Avenue, N. W. Roanoke, Virginia 24017 Dear Mr. Wheaton: At the regular meeting of the Council of the City of Roanoke held on Monday, December 18, 1989, you were reelected as a member of the Board of Zoning Appeals for a term of three years ending December 31, 1992. Enclosed you will find a Certificate of your reelection and an Oath or ~ffirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Municipal Building prior to serving in the capacity to which you were reelected. For your information and pursuant to Section 2.1-341.1, Code of Virginia (1950), as amended, I am enclosing copy of the Freedom of Information Act. Sincerely, i Mary F. Parker, C~4C City Clerk :~FP:ra Enc. pc: Mr. L. ~lwood Norris, Chairman, Board of Zoning Appeals, 3818 Park Lane, S. W., Roanoke, Virginia 24015 Ms. Ruth C. Armstrong, Secretary, Board of Zoning Appeals Room 456 Municipal Building 215 Church Avenue. S.W. Roanoke, Virginia 24011 (703)981-2541 COMMONWEAL TH OF CITY OF ROANOKE VIRGINIA ) To-wi t: I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council held on the eighteenth day of December, 1989, WALTER L. WHEATON was reelected as a member of the Board of Zoning Appeals for a term of three years ending December 31, 1992. Given under my hand and the Seal of the City of Roanoke this twentieth day of December, 1989. City Clerk Office of the Mayor January 8, 1990 The Honorable Vice-Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Hrs. Bowles and Gentlemen: I wish to request an Executive relating to vacancies on various committees appointed by Council, Code of Virginia (1950). Session to discuss personnel matters authorities, boards, commissioas and pursuant to Section 2.1~344 (~) (1), Sincerely, Noel C. Taylo~ Mayor NCT: sw Room 452 Municipal Building 215 Church Avenue, S w., Roanoke, Virginia 24011 (703) 981-2444 Office of the City Clerk January 10, 1990 File #22 ~r. W. Robert Herbert City Manager Roanoke, Virginia Dear ,~4r. Herbert: I am attaching copy of Ordinance No, 29909-1890 authorizing exe- cution of an agreement with ~ental Health Services of the Roanoke Valley for renovation of the Alcoholic Detoxificatian and Rehabilitation Center at 801 Shenandoah Avenue, N. W. Ordinance ~o. 29909-1890 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, January 8, 1990. Sincerely, ~ Mary F. Parker, CMC City Clerk MFP:ra Eac. Dr. Fred P. Roessel, Jr., Executive Director, ~ental Health Services of the Roanoke Valley, 301 Elm Avenue, S. W. Roanoke, Virginia 24016 ' ~r. James D. Ritchie, Director of Human Resources Ms. Donna S. Norvell, Human Resources Coordinator Hr. William F. Clark, Director of Public Works Hr. John R. ~arlles, Chief of Community Planning ~r. ~rian J. Wishneff, Chief of Economic Development ~s. ~arie T. Pontius, Grants ~onitoring Administrator Room456 MunicipalBuilding 215Church Avenue, S.w. Roanoke, Virginia 24011 (703)981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 8th day of January, 1990. No. 29909-1890, VIRGINIA, AN ORDINANCE authorizing the execution of an agreement with Mental Health Services of Roanoke Valley for the renovation of the Alcoholic Detoxification and Rehabilitation Center at 801 Shenandoah Avenue, N.W., and providing for an emergency. WHEREAS, the Alcohol Detoxification and Rehabilitation Center at 801 Shenandoah Avenue, N.W., is the only facility providing medically supervised detoxification for drug and alcohol addicted low income persons in the Roanoke Valley; and WHEREAS, Mental Health Services of the Roanoke Valley annually treats, at this facility, in excess of two hundred low income Roanoke City residents for alcohol and drug addiction, thereby providing a valuable public service to the citizens of Roanoke; and WHEREAS, this facility is in need of extensive renovation or will be at risk of losing State licensure to treat these people; and WHEREAS, Mental Health Services of the Roanoke Valley is par- ticularly suited to provide this service, and to obtain appropr- iate funding for such service, and has obtained $226,000 in matching funds for said renovation. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or Assistant City Clerk are hereby authorized, Manager and the City for and on behalf of the City, to execute and attest, respectively, an agreement with Mental Health Services of Roanoke Valley for renovation of the Alcohol and Detoxification and Rehabilitation Center at 801 Shenandoah Avenue, N.W. 2. The City of Roanoke shall provide $84,000 in Community Development Block Grant (CDBG) funds as a local share for the project to be matched with the following amounts as a minimum: State Mental Health and Mental Retardation $100,000 [City of Roanoke CDBG funds 84,000] Va. Dept. of Housing & Community Development 94,000 Va. Housing & Development Authority Loan 64,889 City of Salem, Virginia 5,560 Botetourt County, Virginia 1,451 Total ~350,000 The form of the agreement with the organization shall be approved by the City Attorney. 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. Honorable Mayor and Members of City Council Roanoke, Virginia Roanoke, Virginia January 8, 1990 Dear Members of Council: Subject: Grant Agreement with Mental Health Services renovation of the Detoxification Center on Shenandoah Avenue N.W. for Background: City Council aDDroved the FY 1989-1990 Community Development Block Grant (CDBG) program on April 10, by Ordinance No. 29512. 1989 F__Y 1989-1990 CDBG program included a matching grant to Mental Health Services of the Roanoke Valley for the renovation of the Alcohol Detoxification and Rehabilitation Center (ADRC) on Shenandoah Ave. N.W. The ADRC is the only facility providing medically supervised detoxification for drug and alcohol addicted low income persons in the Roanoke Valley. The ADRC is at risk of losing its state license to operate unless extensive improvements are made to the building. City Council appropriated CDBG funds on June 26, 1989 by Ordinance No. 29637 including $84,000 for the ADRC renovation. II. Current Situation: Mental Health Services has obtained requisite matching funds from other local governments and the State to provide for a quality renovation of the detoxification center, including fire suppression equipment. 2. 3. 4. 5. 6. State Mental Health Services $100,000 State Housing & Community Development $ 94,100 City of Salem $ 5,560 Botetourt County $ 1,451 Virginia Housing Development Authority $ 64,889 City of Roanoke CDBG $ 84,000 Total $350,000 The Architects Design Group has designed renovation work and solicited contractors for the work. The Architects Members of City Council Page 2 III. Design Group will supervise construction. Ce Bids for renovation work were opened December 27, 1989, with the low base bid being $338,700. A contingency of $11,300 (3%) brings the base budget to $350,000. Funds for needed alternates~ such as an elevator, will still have to be raised. Issues: A. Cost to the City. B. Funding. C. Legal. D. Community development objectives. Drug and alcohol detoxification treatment for low-income Valley residents. IV. Alternatives: Authorize the City Manager to execute the attached Agreement with Mental Health Services of the Roanoke Valley for the renovation of the Alcohol Detoxification and Rehabilitation Center at 801 Shenandoah Avenue, N.W. 1. Cost to the City will be $84,000 in CDBG funds. 2. Funding is available in CDBG account no. 035-089- 8920-5176. Legal issues will be addressed with the agreement approved as to form by the City Attorney. Community development objectives of improving citizen safety and providing treatment for drug and alcohol abuse would be addressed. Se Drug and alcohol detoxification treatment for low income Valley residents would continue. D__qo not authorize the City Manager to execute the attached Agreement with Mental Health Services of the Roanoke Valley. Cost to the City would be nothing, at least for now. Future costs could be realized if treatment for drug and alcohol abuse cannot be provided through this facility. 2. Funding would not be an issue. Members of City Council Page 2 3. Legal questions would not be an issue. Community development objectives would not be addressed through this project. Drug and alcohol detoxification treatment for low income Valley residents would be at risk, since this is the only facility of its kind in the Valley for low-income residents. If required renovations are not done, the State will be forced to close the facility. Recommendation: It is recommended that City Council concur in Alternative A and authorize the City Manager to execute the attached Agreement with Mental Health Services of the Roanoke Valley for the renovation of the Alcohol Detoxification and Rehabilitation Center at 801 Shenandoah Avenue, N.W. Respectfully submitted, W. Robert Herbert City Manager attachments WRH/MTP cc- Assistant City Manager City Attorney Director of Finance Director of Public Works Director of Human Resources Chief of Economic Development Chief of Community Planning Grants Monitoring Administrator Human Resources Coordinator The This Agreement is made and entered into this , 1990, by and between the following parties: Grantee - City of Roanoke, Virginia 215 Church Avenue, S.W. Roanoke, Virginia 24011 and the Subgrantee - day of Mental Health Services of Roanoke Valley 301 Elm Avenue S.W. Roanoke, Virginia 24016 WI TNES SETH: WHEREAS, the Alcohol Detoxification and Rehabilitation Center at 801 Shenandoah Avenue, N.W. is the only facility providing medically supervised detoxification for drug and alcohol addicted low income persons in the Roanoke Valley; WHEREAS, Mental Health Services of the Roanoke Valley annually treats, at this facility, in excess of two hundred low income Roanoke City residents for alcohol and drug addiction, thereby providing a valuable public service to the citizens of Roanoke; WHEREAS, this facility is in need of extensive renovation or will be at risk of losing State licensure to treat these people; WHEREAS, Mental Health Services of the Roanoke Valley is particularly suited to provide this service, and to obtain appropriate funding for such service, and has obtained $266,000 in matching funds for said renovation; WHEREAS, the Roanoke City Council has authorized as a part of the City's Community Development Block Grant ("CDBG") program the grant of funds to Mental Health Services of the Roanoke Valley for renovation of this facility, and Council has, by Ordinance No. , adopted and , 1990, authorized the execution of this grant agreement; WHEREAS, the United States Department of Housing and Urban Development ("HUD") has declared the use of CDBG funds for this purpose to be an eligible activity if carried out in accordance with applicable Federal, State and local statutes and regulations. NOW, THEREFORE, the parties hereto mutually agree as follows: 1. SCOPE OF SERVICES: This project provides for alterations and additions to a two- story alcohol and drug detoxification center at 801 Shenandoah e Agreement Page 2 Avenue, N.W. Roanoke, Virginia, owned by Community Housing Corporation and leased for fifteen (15) years by the Subgrantee. The project generally consists of demolition of existing partitions, removal of ceilings, installation of new partitions, ceilings and floor coverings, and related mechanical and electrical work, including sprinklers and other fire suppression equipment. The work also includes the addition of a new entry, new rest rooms, painting of the entire exterior, a kitchen and ancillary facilities. The work on this project shall be phased to allow continued occupation of the facilities for its program throughout the construction period. Improvements are more specifically detailed in the plans and specifications of the project, included as part of this agreement by reference. TIME OF PERFOP/~ANCE: This Agreement shall be for the period of January 1, 1990 through December 31, 1990. Agreement may be extended with the written agreement of both parties. The total budget for this project will be of Roanoke will provide $84,000 as a local share, with the following amounts as a minimum: $350,000. The City to be matched State Mental Health and Mental Retardation $100,000 City of Roanoke CDBG funds 84,000 VA Dept of Housing & Community Development 94,100 VA Housing & Development Authority loan 64,889 City of Salem, Virginia 5,560 Botetourt County, Virginia 1,451 TOTAL PROPOSED PAYMENT SCNK~,~LE AND PROCEDUI~ES: $350,000 Requests for payment will be submitted to the City's Office of Grants Compliance, accompanied by an invoice from the Subgrantee,s contractor. Payment will be made to the Subgrantee based on the invoice within ten (10) days from date of receipt. INDEmnIFICATION: The Subgrantee agrees to indemnify and hold harmless the City, its officers, agents and employees, from any and all claims, legal actions and judgments advanced against the City and for expenses the City may incur in this regard, arising out of the Subgrantee's intentional acts and negligent acts or omissions with e 10. Agreement Page 3 respect to the rights and privileges granted by the City to the Subgrantee in this Agreement. COMPLIANCE WITH~ERALREGULATIONS: 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. UNIFORM ADMINISTRATIV~~ The Subgrantee shall comply with the requirements and standards of OMB Circular No. A-87, "Principles for Determining Costs Applicable to Grants and Contracts with State, Local and Federally recognized Indian Tribal Governments,,, OMB Circular A- 128, "Audits of State and Local Governments" and with all applicable sections of 24 CFR Part 85 "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments". 8. FEDERAL LABOR STANDARDS PROVISIONS: The Subgrantee and all contractors engaged under contracts in excess of Two Thousand Dollars ($2,000.00) for the construction, rehabilitation, completion or repair of any building or work financed in whole or in part with assistance provided under this Agreement shall comply with HUD requirements pertaining to such contracts and the applicable requirements of the regulations of the Department of Labor under 29 CFR Parts 3 and 5, and more fully detailed in Attachment B to this Agreement. The Subgrantee shall cause or require to be inserted in full in any such contracts subject to such regulations, provisions meeting the requirements of 29 CFR 5.5. PROGRAM IN~: "Program income" means gross income received by the Grantee or Subgrantee directly generated from the use of CDBG funds. No program income is expected to be generated as a result of this agreement. However, program income, if any, from any 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. 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 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. Agreement Page 4 11. CONFLICT O_~F 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. 12. SUSPENSION AND T~MINATION 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. REV~KSION OF ASSETS: Upon expiration of this agreement the Subqrantee 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. The subject property at 801 Shenandoah Avenue, N.W. shall be used to meet the treatment needs of low and moderate income persons until at least five years after the expiration of this agreement or December 31, 1995, whichever is longer. If the property changes ownership during that time, the benefit to low and moderate income persons must be required and specified by deed restrictions. If the property is sold prior to December 31, 1995, a pro rata share of the current fair market value of the property must be returned to the Grantee as prescribed in 24 CFR 570.503(b)(8)(ii). 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~T~ACTS: The Grantee shall not be obligated or liable hereunder to any party other than the Subgrantee. Agreement Page 5 17. 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 ADRC Renovation project. In such event or events, such changes which are mutually agreed upon by and between the Subgrantee and grantee shall be incorporated in written amendment to this Agreement. GO~m~/NING LAW: This Agreement shall be governed by laws of the Commonwealth of Virginia. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as 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 Dr. Fred Roessel Executive Director Mental Health Services of Roanoke Valley ATTACHMENT A U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT GRANT AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SPECIAL TERMS AND CONDITIONS FOR SUBGRANTEES (CONTRACTS OVER $10,000) "Section 3" Compliance in the Provision of Training, Employment and Businesq Opportunities: The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170 lu. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and urban Development set forth in 24 CFR 135, and all appli- cable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. The contractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers' representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous pla- ces available to employees and applicants for employment or training. The contractor will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development 24 CFR Part 135. The contractor will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued hereunder prior to the execution of the contract, shall be a condition of the federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors and subcontractors, it successors and assigns to those sanctions specified by the grant or loan agreement or contract through which Federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135. Equal Emplo~nent Opportunity: as amended: Such contracts Opportunity regulations at 24 construction contracts. Contracts subject to Executive Order 11246~ shall be subject to HUD Equal Employment CFR Part 130 applicable to HUD-assisted The Subgrantee shall cause or require to be inserted in full in any non- exempt contract and subcontract for construction work, or modification thereof as defined in said regulations, which is paid for in whole or in part with assistance provided under this Agreement, the following equal opportunity clause: "During the performance of this contract, the contrac- tor agrees as follows: A. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation~ and section for training, including apprenticeship. The contractor agrees to post in conspicuous places available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the Contract Compliance Officer advising the said labor union or workers' repre- sentatives of the contractor's commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regula- tions and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the Department and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. -2- In the event of the contractor's noncompliance with the non- discrimination clauses of this contract or with any of such rules, regu- lations or orders, this contract may be canceled, terminated or suspended in whole or in part, and the contractor may be declared ineli- gible for further Government contracts or Federally-assisted construc- tion contract procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by law. The contractor will include the portion of the sentence immediately pre- ceding paragraph (A) and the provisions of paragraphs (A) through (G) in every subcontract or purchase order unless exempted by rules, regula- tions or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the Department may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event a contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of such direction by the Department, the contractor may request the United States to enter into such litigation to protect the interest of the United States." The Subgrantee further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in Federally-assisted construction work; provided, that if the Subgrantee so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instru- mentality or subdivision of such government which does not participate in work on or under the contract. The Subgrantee agrees that it will assist and cooperate actively with the Department and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations and relevant orders of the Secretary of Labor; that it will furnish the Department and the Secretary of Labor such compliance; and that it will otherwise assist the Department in the discharge of its primary responsibility for securing compliance. The Subgrantee further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and Federally- assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal oppor- tunity clause as may be imposed upon contractors and subcontractors by the Department or the Secretary of Labor pursuant to Part II, Subpart D, of the Executive Order. In addition, the Subgrantee agrees that if it fails or refuses to comply with these undertakings, the Department may take any or all of the following actions: cancel, terminate or suspend in whole or in part the grant or loan guarantee; refrain from extending any further assistance to the Subgrantee under the Program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from such Subqrantee; and refer the cause to the Department of Justice for appropriate' legal proceedings. -3- Se Federal Labor Standards Provisions: Except with respect to the rehabilita- tion of residential property designed for residential use for fewer than eight families, the Subgrantee and all contractors engaged under contracts in excess of Two Thousand Dollars ($2,000.00) for the construction, prosecu- tion, completion or repair of any building or work financed in whole or in part with assistance provided under this Agreement shall comply with HUD requirements pertaining to such contracts and the applicable requirements of the regulations of the Department of Labor under 29 CFR Parts 3 and 5, governing the payment of wages and the ratio of apprentices and trainees to journeymen; provided that if wage rates higher than those required under such regulations are imposed by State or local law, nothing hereunder is intended to relieve the Subgrantee of its obligation, if any, to require payment of the higher rates. The Subgrantee shall cause or require to be inserted in full in any such contracts subject to such regulations, provi- sions meeting the requirements of 29 CFR 5.5. No award of the contracts covered under this section of the Agreement shall be made to any contractor who is at the time ineligible under the provisions of any applicable regulations of the Department of Labor to receive an award of such contract. Nondiscrimination Under Title VI of the Civil Rights Act of lg64: This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 {P.L. 88-352) and HUD regulations with respect thereto, including the regulations under 24 CFR Part 1. In the sale, lease or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, the Subgrantee shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination upon the basis of race, color, religion, sex or national ori- gin, in the sale, lease or rental, or in the use of occupancy of such land or any improvements erected or to be erected thereon, and providing that the Subgrantee and the United States are beneficiaries of and entitled to enforce such covenant. The Subgrantee, in undertaking its obligation in carrying out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant and will not itself so discriminate. Obligations of Subgrantee with Respect to Certain Third-part~ Relationships: The Subgrantee 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 Subgrantee. Any Subgrantee which is not the Applicant shall comply with all lawful require- ments of the Applicant necessary to insure that the program, with respect to which assistance is being provided under this Agreement to the Subgrantee, is carried out in accordance with the Applicant's Assurances and certifica- tions, including those with respect to the assumption of environmental responsibilities of the Applicant under Section 104(h) of the Housing and Community Development Act of 1974. 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. -4- Interest of Members~ Officers or Employees of Subgrantee) Members of Local Government Bod~ or Other Public Officials: No member, officer or employee of the Subgrantee, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his tenure, or for one (1) year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under the A?eement. The Subgrantee shall incorporate, or cause to be incorporated, Tn all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this section. Prohibition Against Payments of Bonus or Commission: The assistance pro- vided under this Agreement shall not be used in the payment of any bonus or commission for the purpose of obtaining HUD approval of the application for such assistance, or HUD approval or applications for additional assistance, or any other approval or concurrence of HUD required under this Agreement, Title I of the Housing and Community Development Act of 1974, or HUD regu- lations with respect thereto; provided, however, that reasonable fees or bona fide technical, consultant, managerial or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as program costs. "Section 109": This Agreement is subject to the requirements of Section 109 of the Housing and Community Development Act of 1974, 42 U.S.C. 3535(d). No person in the United States shall on the ground of race, color, religion, sex or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds available under this title. 10. Access to Records and Site of Employment: This Agreement is subject to the requirements of Executive Order 11246, Executive Order 1375, Civil Rights Act of 1964, as amended. Access shall be permitted during normal business hours to the premises for the purpose of conducting on-site compliance reviews and inspecting and copying such books, records, accounts, and other material as may be relevant to the matter under investigation and pertinent to compliance with the Order, and the rules and regulations promulgated pur- suant thereto by the Subgrantee. Information obtained in this manner shall be used only in connection with the administration of the Order, the admi- nistration of the Civil Rights Act of 1964 (as amended) and in furtherance of the purpose of the Order and that Act. -5- U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ATTACHMENT B FEDERAL LABOR STANDARDS PROVISIONS App1 icabi 1 it~,: The Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. A.l.(i) Minimum Wages: All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are per- mitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractural rela- tionship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5 (a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually per- formed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates con- formed under 29 CFR Part 5.5(a)(1)(ii) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii)(a) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefore only when the follow- ing criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe bene- fits, bears a reasonable relationship to the wage rates con- tained in the wage determination. (b) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U. S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140). (c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) (d) The wage rate (including fringe benefits where appropriate) deter- mined pursuant to subparagraphs (1)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable stan- dards of the Davis-Bacon Act has been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) -2- 2. Withholding: HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally- assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be 6onsidered necessary to pay laborers and mechanics, including appren- tices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such dis- bursements in the in the case of direct Davis-Bacon Act contracts. 3.(i)Payrolls and Basic Records: Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid {including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2)(8) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section l(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially respon- sible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OM8 Control Numbers 1215-0140 and 1215-0017.) (ii)(a) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR Part 5.5(a){3){i). This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number -3- 029-005-00014-1), U. S. Government Printing Office~ Washington~ DC 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under ~B Control Number 1215-0149.) (b) Each payroll submitted shall be accompanied by a "Statement of Compliance", signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under 29 CFR Part 5.5(a)(3)(i) and that such infor- mation is correct and complete; (2) That each laborer or mechanic (including each helper, appren- tice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissable deductions as set forth in 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classifi- cation of work performed, as specified in the applicable wage determination incorporated into the contract. (c) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph A.3.(ii)(b) of this section. (d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph A.3.(i) of this section available for inspection, copying or trans- cription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If .the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR Part 5.12. 4.(i) Apprentices and Trainees - Apprentices: Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide appren- ticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first go days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a per- centage of the journeymen hourly rate specified in the applicable wage deter- mination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the appli- cable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work per- formed until an acceptable program is approved. (ii) Trainees: Except as provided in 29 CFR 5.16, trainees will not be per- mitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to an individually registered in a program which has received prior approval, evidenced by formal certification by the U. S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an appren- ticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for appren- tices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. -5- (iii) Equal Employment Opportunity: The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with Copeland Act Requirements: with the requirements of 29 CFR Part 3 which are this contract. The contractor shall comply incorporated by reference in 6. Subcontracts: The contractor or subcontractor will insert in any sub- contracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as HUD or its designee may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any Tower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5. 7. Contract Termination; Debarment: A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis-Bacon and Related Act Requirements: All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract. g. Disputes Concerning Labor Standards: Disputes arising out of the labor standards provisions of this contract shall not be subject to the general dispu- tes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contrac- tor (or any of its subcontractors) and HUD or its designee, the U. S. Department of Labor, or the employees or their representatives. 10.(i) Certification of Eligibility: By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(i) or to be awarded HUD contracts or participation in HUD programs pursuant to 24 CFR Part 24. (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or par- ticipate in HUD programs pursuant to 24 CFR Part 24. (iii) The penalty for making false statements is prescribed in the U. S. Criminal Code, 18 U.S.C. 1001. Additionally, U. S. Criminal Code, Section 1010, Title 18, U.S.C., "Federal Housing Administration transactions", provides in part: "Whoever, for the purpose of ... influencing in any way the action of such Administration ... makes, utters or publishes any statement, knowing the same to be false ... shall be fined not more than $5,000 or imprisoned not more than two years, or both." 11. Complaints, Proceedings, or Testimony by Employees: No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against -6- by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. B. Contract Work Hours and Safety Standards Act: As used in this paragraph, the terms "laborers" and "mechanics" include watchmen and guards. (1) Overtime Requirements: No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any work week in which he or she is employed on such work to work in excess of forty hours in such work week unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; Liability for Unpaid Wages; Liquidated Damages: In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and sub- contractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in subparagraph (1) of this paragraph. (3) Withholding for Unpaid Wages and Liquidated Damages: HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. (4) Subcontracts: The contractor or subcontractor shall insert in any sub- contracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. C. Health and Safety: (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. -7- (2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 1518) and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act (Public Law 91-54, 83 Stat. 96). (3) The Contractor shall include the provisions of this Article in every sub- contract so that such provisions will be binding on each subcontractor. The Contractor shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. -8- Current Davis-Bacon Wage Decision Office of the City Clerk January 10, 1990 File #79 Hr. Wilburn C. Dibling, City Attorney Roanoke, Virginia Dear Mr. Dibling: I am attaching copy of Resolution No. 29910-1890 directing you to institute and conduct suit to collect delinquent real estate taxes and assessments by public or private judicial sale. Resolution No. 29910-1890 was adopted by the Council of the City of Roanoke at a regular meeting held on ~onday, January 8, 1990. Sincerely, ~ ~4ary F. Parker, CMC City Clerk MFP: ra EFtC o pc: The Mr. Mr. Honorable Gordon E. Peters, City Treasurer W. Robert Herbert, City Manager Joel M. Schlanger, Director of Finance Deborah J. Moses, Chief of Billings and Collections Room45§ MunicipalBuilding 215Church Avenue. $. w. Roanoke, Virginia 240tl (703)981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of January, 1990. No. 29910-1890. A RESOLUTION directing that the City Attorney institute conduct suit to collect delinquent real estate taxes and assessments by judicial sale. and BE IT RESOLVED by the Council of the City of Roanoke that the City Attorney is authorized and directed to institute and conduct a suit to collect delinquent real estate taxes and assessments by public or private judicial sale with respect to the following described real estate lying in the City of Roanoke, Virginia: Assessed Legal Property Owner(s) Description Address Rucker, Ralph A. & Gloria Lot 12, Blk 39, East Gate (3220904) 1344 Archbold Ave., N.E. Niblett, David Lee & Mary Margaret Lot 2, Blk 15 WEL (1213007) 1706 Patterson Ave. N.W. Banks, Francis & Lot 6, Blk 63 Lucy C. Melrose (2332206) 1810 Mercer Ave., N.W. Martin, Gracie, et al. E~2 Lots 12-13 Villa Heights (2430442) 2227 Clifton Street, Martin, Gracie, et al. Lot 3, Blk 94 Melrose (2331101) Carroll Ave., N.W. Jackson, Maceo & Lot 4, Blk 2 Essie V. Franwill (2330512) 1719 Carroll Ave., N.W. ATTEST: City Clerk. WILBURN C. DIBLING, JR. CITY OF ROANOKrE OFFICE OF THE CITY ~rORNEY 464 MUNICIPAL BUILDING ROANOKE, VIRGINIA 2401 January 8, 1990 WILLIAM X PARSONS MARK ALLAN WILLIAMS KATHERINE HOWE JONES STEVEN J. TALEVI ASSISTANT CITY A~i'ORN~YS Honorable Mayor and Members of City Council Roanoke, Virginia Re: Sale of real property for delinquent taxes Dear Mrs. Bowles and Gentlemen: On June 12, 1989, Council adopted Resolution No. 29613 directing that the City Attorney institute and conduct suit to collect delinquent real estate taxes and assessments on 17 par- cels of real estate lying in the City of Roanoke, Virginia. Notice of judicial sale of the real estate was published in the local newspaper prior to instituting suit, as required by state law. Thereafter, taxes were paid on eleven parcels of pro- perty by either the property owner or a trustee in the case of two foreclosure sales. The total amount collected in these cases was $80,651.66. The following suits to sell delinquent real estate were filed in the Circuit Court for the City of Roanoke and are pending ~before that court: City of Roanoke v. Kenneth C. and Beatrice F. Booth, et al. Property address - 727 Riverland Road, S.E. City of Roanoke v. Maynard G. and Lucille Shell, et al. Property address - 1006 Jamison Avenue, S.E. City of Roanoke v. Abdul Mubdee and Gloria Zakiyyah Shakir, et al. ~-~operty address - 1423 Cove Road, N.W. There still exists within the City certain real property on which taxes and assessments are delinquent, and despite vigorous collection efforts, the taxpayers have refused to pay the debts. Payment of all taxes and assessments on such property may be enforced through a judicial sale conducted by the City for the Honorable Mayor and Members of City Council January 8, 1990 Page Two purpose of collecting the taxes thereon. Therefore, I am recom- mending that suit be instituted to collect delinquent real estate taxes and assessments by judicial sale with respect to the following properties: Assessed Owner(s) Rucker, Ralph A. & Gloria Niblett, David Lee &Mary Margaret Banks, Francis & Lucy C. Martin, Gracie, et al. Martin, Gracie, et al. Jackson, Maceo & Essie V. Legal Description Lot 12, Blk 39, East Gate (3220904) Lot 2, Blk 15 w~h (1213007) Let 6, Blk 63 Melrose (2332206) E~ Lots 12-13 Villa Heights (2430442) LOt 3, Blk 94 Melrose (2331101) Lot 4, Blk 2 Fran~ill (233O512) Property Delinquent Address T~xes 1344 Archbold Ave., N.E. (owner occupied) $ 2,028.94 1706 Patterson Ave. N.W. (o~ner occupied) $ 2,551.62 1810 Mercer Ave., N.W. $ 3,127.44 (owner occupied) 2227 Clifton Street, N.W. (vacant house) Carroll Ave., N.W. (vacant lot) $ 1,960.14 $ 152.91 1719 Carroll Ave., N.W. vacant house) $ 3,884.73 Real estate taxes on the foregoing properties are delinquent three or more years. Payment arrangements were attempted but were unsuccessful. The parcels recommended for sale by this report represent the second phase of an on-going program of delinquent tax sales. Section 58.1-3954, Code of Virginia (1950), as amended, requires that any such suit be instituted and conducted in the name Of the city in which such taxes are assessed and at the direction of the Honorable Mayor and Members of City Council January 8, 1990 Page Three governing body of the city. I have attached the appropriate resolu- tion for your consideration. I shall be happy to respond to any questions you may have with respect to this matter. With kindest personal regards, I am Sincerely yours, City Attorney WCDj/KHJ:sm Attachment cc: W. Robert Herbert, City Manager Joel M. Schlanger, Director of Finance Gordon E. Peters, Treasurer Deborah J. Moses, Chief, Billings and Collections Office of the City Clerk January 10, 1990 File #2-22 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 29911-1890 authorizing the proper City officials to enter into a lease agreement with respect to certain property owned by Craig J. Putziger at 712 Patterson Avenue, S. W., in the City of Roanoke, upon certain terms and conditions; and authorizing the sublease of the pro- perty to the Virginia State Department of Health, upon certain terms and conditions. Ordiaance No. 29911-1890 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, January 8, 1990. Sincerely, Uary F. Parker, CMC City Clerk MFP : ra Enc, pc: Mr. Craig J. Putziger, P. O. Box 2874, Roanoke, 24001 Dr. E. J. Clarke, Jr., Director, Health Department Mr. Joel M. Schlanger, Director of Finance Ms. Deborah J. Moses, Chief of Billings and Collections Mr. Kit B. Kiser, Director of Utilities and Operations Ur. James D. Ritchie, Director of Human Resources Mr. William F. Clark, Director of Public Works Mr. Richard V. Hamilton, Real Estate Agent Virginia Room456 MunicipaIBuilding 215Chu~ch Avenue, S.W. Roanoke. Virginia 24011 (703)981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of January, 1990. No. 29911-1890. AN ORDINANCE authorizing the proper City officials to enter into a lease agreement with respect to certain property owned by Craig J. Putziger at 712 Patterson Avenue, S.W., in the City of Roanoke, upon certain terms and conditions; authorizing the sublease of the property to the Virginia State Department of Health, 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 or Assistant City Manager is hereby authorized to enter into a written lease agreement with Craig J. Putziger (the owner), in form approved by the City Attorney, by which the owner will lease to the City certain property, total- ling approximately 3,100 square feet, at 712 Patterson Avenue, S.W., including grounds and parking areas, for a period of five years, at a lease rate of $6.00 per square foot of finished building space or a monthly rental of $1,550.00 for the first year, with annual increases of five percent (5%) each year thereafter to a maximum of $7.50 per square foot, and upon cer- tain other terms and conditions as more particularly set out in report of the Water Resources Committee to this Council dated January 8, 1990. 2. The City Manager or Assistant City Manager is hereby authorized and directed to enter into a written sublease agree- (5) ment with the Virginia State Department of Health, on behalf of the City, in form prepared and approved by the City Attorney, for the sublease of certain property situate in the City of Roanoke at 712 Patterson Avenue, S.W., including grounds and parking areas, for a period of five (5) years, at a lease rate of $6.00 per square foot of finished building space or a monthly rental of $1,550.00 for the first year, with annual increases of five per- cent (5%) each year thereafter to a maximum of $7.50 per square foot, said sublease to commence on January 1, 1990 and end December 31, 1994, and contain certain other terms and conditions as are approved and required by the City Manager. e municipal ordinance In order to provide government, shall be in for the usual daily operation of the an emergency is deemed to exist, and this full force and effect upon its passage. ATTEST: City Clerk. Roanoke, Virginia January 8, 1990 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Health Department Lease - Office Space - 712 Patterson Avenue, S.W. - Official Tax Nos. 1112820 & 1112822 The attached staff report was considered by the Water Resources Committee at its meeting on January 2, 1990. The Committee recommends that Council authorize the appropriate City officials to execute five (5) year lease agreements with Mr. Craig J. Putziger and assignment of the lease from the City to the Virginia State Department of Health for approximately 3,100 square feet of office space located at 712 Patter- in accordance with conditions stated in the attached son Avenue, S.W., report. ETB:KBK:afm Attachment cc: City Manager City Attorney Respectfully submitted, Elizabeth T. Bowles, Chairman Water Resources Committee Director of Finance Director of Utilities & Operations Real Estate Agent Director of Human Resources Director, Health Department INTERDEPARTNENTAL CONMUNI CATION DATE: TO: FROM: RE: January 2, 1990 Members, Water Resources Committee ~.~ s~r thru Mr. Herbert Health Department Lease Office Space - 712 Patterson Avenue, SW Official Tax Nos. 1112820 & 1112822 I. Back~round: mo Office space is needed by Health Department to alleviate a severe shortage of such space in the present facilities located at 515 and 530 - 8th Street, S.W. II. Current Situation: Offic! space, totalling approximately 3,100 square feet, is being finished at 712 Patterson Avenue, SW, across Campbell Avenue, SW, from the Health Department Building, by its' owner, Craig J. Putziger (see attached map). Bo Lease A~reement, between City of Roanoke and Virginia State Department of Health is attached. This agreement conforms to the terms proposed for a lease to be entered into by the City and Mr. Putziger for the office space. Space leased by City from Mr. Putziger to be sub-leased to Health Department under similar terms and conditions. Terms of Lease include a five year lease at a lease rate of ~6.00 per square foot ($1~550.00 per mouth) the first year with an annual increase beginning the second year of 5%, and occurring annually thereafter for the term of the lease, not to exceed $7.50 per square foot. Lessee obtains complete occupancy of the property, including grounds and parking areas. Lessor to maintain structure, grounds and parking areas (see attached Lease and Schedule of Payments). Space to be occupied by the City Health Department's Epidemiology, Family Planning and Home Health Services Departments and three Nursing Supervisors. No patient treatment will take place in this space, with the exception that some interviews may take place there. III. Issues: A. Need B. Timin~ C. Cost to City D. Term E. Fundin~ Page Two IV. Alternatives: Committee recommend to City Council that it authorize the appropriate City officials to execute five (5) year lease agreements with Mr. Craig J. Putziger and assignment of the lease from the City to the Virginia State Department of Health for approximately 3,100 square feet of office space located at 712 Patterson Avenue, Southwest (see details of lease in Item I,C, above, and on the attached Lease and Schedule of Payments). Facility to be leased from Putziger by City and sub-leased, under similar terms and conditions, by City to Health Department. 1. Need for office space by City Health Department is met 2. Timin~ to accomplish move into new space as soon as possible is met 3. Cost to City is administrative cost of Lease/Sub-Lease transfer of funds Term is five (5) years initially with year-to-year renewal thereafter, providing however, that the City can cancel upon giving 90 days notice if the State discontinues funding. 5. Fundin~ is available in the Health Department budget B. Committee not recommend to City Council that it authorize the execu- tion of lease agreements for office space at 712 Patterson Avenue, SW. 1. Need for office space by City Health Department not met 2. Timin8 to provide office space as soon as possible is met 3. Cost to City is zero 4. Term is a moot question 5. Fundin~ is not an issue Recommendation: Committee recommend that City Council authorize the lease of 712 Patterson, SW, from Craig J. Putziger, and a sub-lease to the Virginia State Department of Health in accordance with Alternative "A". KBK/RVH/eam Attachments cc: City Attorney Director of Finance Director, Health Department Director of Human Resources COMMONWEALTH VIRGINIA Roanoke City Health Department P. O. BOX 12928 ROANOKE, VIRGINIA 240~ December 4, 1989 Mr. Kit Kiser, Director Utilities and Operations City Of Roanoke Roanoke, VA Through: E. J. C-~arke, Jr., M.D., M.P.H. Mr. Jim Rltchie Dear Kit: Enclosed is a letter from Mr. Craig j. Putzinger, outlining provisions to be included in a lease agreement between him and the City of Roanoke. Dr. Clarke and I have reviewed his proposal and concur with its content. We are advised that the official address for the property located at the intersection of Campbell and PaCterson Avenues SW is, 712 Patterson Avenue, SW. Also, we have prepared a lease for your review, to accomplish the subleasing of the above mentioned property. We welcome any comments you might have. .. It is anticipated that we can occupy the remise of the year. Tentative nlm ...... P s ~hortly after the first January 1990. Please advi~e ~; ;;"~5~ ~move. the first or second week o~ to initiate the leasing process, auuztzona[ information is needed for you As always, your able assistance is appreciated. S ince~.e'l y, FLS/dd Enclosure 37 III.HII CITY OF H£ 4 2 C£N~Z~. I I ) I' ! i' Ht3ZIO /i 1113207 I& oF ~S STAR CITY HEATING & AIR CONDITIONING P.O. BOX 2874 ROANOKE, VA. 24001 (703) 343-1369 November 20, 1989 To: From: Subject: Mr. Frank Showalter Roanoke City Health Department Craig J. Putziger Lease of property at Campbell and Patterson, S.W. Following is a list of provisions to be included in a lease between Craig J. Putzigsr and the City of Roanoke. 1. The property will be . ready to move into as office space including working heating, ventilation, and air conditioning~ 2. Term of the lease w~ll. be five (5) years initially, and annually thereafter. 8. Lease rate to be $6.00 per square foot of finished building space, or ~ Hont'hly, with that fee being good f~r the first year and adjusted Upward by five percent (5%) each year thereafter, to a maximum rate of $7.50 per square foot per year. 4. The owner is to maintain the structure, grounds, and parking lot, except for light bulbs and window glass, which may be broken by the City or the City's representatives. 5. The City reserves the right to cancel the lease on 24-hours notice at any time the building is damaged or unfit for occupancy. 6. City pays all utility bills. 7. The lease rate, bas.-on the square footage outlined above. provides for- the lease of the entire property, including 8. grounds and parking area. Upon va?ation the City ~g~ees to return the premises to the Ow~ in, the same or better condition as when ~O~b~ie Wear exoeo~ received, 9. '~ld discontinue financin~ for ' it ~ ~nde~sto~'~ thst ~hl- , -. this project ~ ''~'a "0 day written not~e'ease may De cancelled upon C=ai~ J. Putzi~e= 1 LEASE Tl~ DEED OF LEASE, e~er~ WITNESSETH (I) To deliver qui~ ~ ~ ~d p~;~ (b) At t~ te~ ol fha ~, m ~iwr ...... ' 3. It i~ mutually covemnted and agreed by the L~or ~nd the Levee: (a) That for, the purple of thi~ Le~e. it is mutu~ly ~undezl. tood., az~.d.a .Lq~ ~ where the words "repairs" and/or 'restoration" are u~ed, the ~ame shaU be aeemea to mouse t~e rel~cement of broken glad; for t~ ~ tor whi~ t~ ~ ~t t~e ~ m c~finue to ~ the pr~ }et ' ' '~-~ APPROVED: (Health Department Divi~ofl Director) State Department of Health) j ........................ /5ill ..................................................................................................................... cSt. AL): (SEAL) Attmt: (2) Jan. i -Dec. 31, 1990 Jan. I - Dec. 31, 1991 Jan. i- Dec. 31, 1992 Jan. 1 -Dec. 31, 1993 Jan. 1- Dec. 31, 1994 Schedule of Payments 712 Patterson Avenue, SW ~onchly $1,550.00 1,627.50 1,708.80 1,794.24 1,883.96 Annua 11x $18,600.00 19,530.00 20,506.00 21,531.00 22,608.00 MMONWEALTH of VIRGINIA Roanoke City Health Department 515 EIGHTH STREET, S.W. P. O. aox 12926 ROANOKE, VIRGINIA 24029 December 13, 1989 Mr. Kit B. Kiser, Director .Utilities and Operations City of Roanoke Municipal Building Roanoke, Virginia Through: E.J. Clarke, Dear Kit: Jr. ,M.D;, =~ This is to advise you that Dr. Clarke work/ng with Jim Ritchie, have identified and amount sufficient to pay for the leasing of the property located at 712 Patterson Avenue SW, from the current 1989-90 Coenerativ~ h.d~et' The amounts indicated on the payeenf schedule will be included in the budgeting process over the reaalning four (4) year period. The . applied to the cooker-ti-* ~-~ ...... current foraula ..... uuuset is, atate 59.64%, City 40.36%. If you need any additional inforeation, please let me know. Si41cerely, &dminist rator cc: Mr. Jim Rttchie Office of the City Clerk January 10, 1990 File #51 ~r. ~ilburn C. Dibling, City Attorney Roanoke, Virginia Jr. Dear ~r. Dibling: At the regular meeting of the Council of the City of Roanoke held on Monday, January 8, 1990, you were requested to conduct a review of the City's Zoning Ordinance to determine if stronger regulations and management procedures are in order for certain zoning matters. Sincerely, Mary F. Parker, CMC City Clerk ~FP:ra pc: Mr. W. Robert Herbert, City Manager Mr. William F. Clark, Director of Public Works Mr. John R. Marlles, Chief of Community Planning Mr. Ronald H. Miller, Zoning Administrator/Building Commissioner Room 456 Municipal 8uilding 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Mayor Taylor Jim Trout Section 9, Motions and Miscellaneous Business. I would like to know if there are any inquiries and/or comments by members of City Council at this time. Mr. Mayor, I have a few things I would like to make a comment on and maybe a recommendation and it will only take a second or two here. During the past six months or so I have had numerous comments, and jokes and concern about the subdivision out on Ogden Road, particularly comments about the construction of part of it without a approved site plan, road cave ins, drainage problems, and other problems, and this has been a source of conversation for I know six months, since back before summer time. And also with that this council was somewhat, number secondly, this council was somewhat embarrassed when a fast-food chain was located in a subdivision after we obligated ourselves to the residents that no fast-food chain would go into the subdivision and it somewhat, you might say, resulted in arbitration over the viewpoint of who was right. Then I read with interest a neighborhood disagreement over the wall, the placement between two neighbors, then I notice now the very elegant office complex going up at the corner of McClanahan and Stephenson and frankly if the three buildings are constructed, the parking lot area will probably be no bigger than the 7-11 lot down on 22nd Street, and how things like this slip through the cracks. I do not know whether it is a legal misunderstanding or a common sense not being used, but whatever, it seems to me that it's getting to be a pretty routine occurrence when you can mention four that have touched the news media and touched us as councilman and it call came to a head with me this past Saturday at the YMCA health club when we were all watching the end of the exciting football game between the Cleveland playoff game, and someone, in front of about 10-15 people, brought the question up again, this, what going to happen out on Windward subdivision. I said well frankly I really don't know but I'd like to see the game and I'll ask the question as soon as I get to council on Monday. Mr. Mayor, we're football fans and that's the reason I'm bringing these four or five situations up. But somewhere along the line we have done very well in our program to manage our rezoning and our neighborhood programs and our comprehensive plan, our Roanoke Vision, and just to show you how well we've come, ladies and gentlemen of council, here's some of our about 12-15 years old. And you can see they any upkeep upbeat of the 70s and the with the cartoons on front and today we've gone to a sophisticated system. This is the first one in the new way of doing things, the elegant picture of the good life in south Roanoke. And I'll just take a moment of your time to read from some of the co~ents about south Roanoke development and concern of neighborhood were so great that the neighborhood recommended and it was agreed on that 22nd Street would be the line, that there would be no more commercial past 22nd Street, of taking homes and turning them into office buildings without adequate parking and eliminating parking on the streets to get back to what was a nice residential neighborhood. I'll just break take a quick second to read to you this one comment on page 7 about south Roanoke neighborhood comments and it's quotes, the neighborhood commercial district is an asset to south Roanoke and it is unique to the City. Continue protection of the district is advocated to preserve its character, size and services. Well designed new commercial development is encouraged on McClanahan and Franklin Road. Limited signage with landscaping, quality building design and sufficient parking are important features for new businesses." And to go a little further, to read out of our Roanoke Vision, "quality development, encouraging quality new residential, commercial or industrial development is critical to Roanoke's image and a continued growth as an economically vibrant and attractive regional center. Quality development means not only visible, attractive construction but also the careful setting of buildings to preserve environment features, provide organized traffic flows, services and parking, and promote promote proper fit with adjacent uses through provision of open space buffers, landscaping, or careful building design. And third and finally, when we did the zoning change in 1986 it was carefully noted that we had several weak points in it. And it was recommended, and I'll give this to the City Attorney, and it was recommended on page 14 and pointed out that city council has the authority over the architectural review board, planning commission and board of zoning appeals, however, it is recommended that these areas need to formalize their responsibilities. And that is shown through a system of outlines of on page 14. And also there is a line diagram of how to reinforce the need to strengthen inner reaction. And it seems to me if we are going to have certain items slipping through the cracks, as you may describe, then somewhere along the line in our planning department and I'll go back to page 14 to phrase it more correctly, in our proposed administration of land development regulations, something is lacking. And I do not know whether that is something to be open to legal interpretation about our being making a commitment to a neighborhood, about no location of a fast-food chain then we wake up one morning and it is interpreted that one can be there, a restaurant that has no inside facilities and no tables to eat and no toilet facilities, like I said, repeat, it was determined by arbitration it was a fast food, it was not a fast-food chain. And then with the other comments and jokes and about our allowing subdivisions to be constructed without subdivision plans being approved and numerous problems for the people that live there, so to repeat it no further, I really think it would be well to refer the whole problem, I think we once referred it to the city manager, I'm not sure, back in the summer time, but I think now, Mr. Mayor, since this thing has reached this point that it might be well to have the City Attorney review some of these ordinances and zonings that date back to 66. I think the City Attorney can look in a book and confirm that some of these go back to 66 to see if what is recommended, and I will give you the book Mr. Dibling, to show the recommended changes, if they were carried out or if they need a legal strengthening to make sure the process works. And therefore, it is relieved from any more recommendations or observations or comments from citizens to council members about it. So what I like to do Mr. Mayor is just once and for all to see if it can be strengthened legally through the City Attorney's office by reviewing the various ordinances and land development regulations to see what can be Mayor Taylor Bob Garland Bob Herbert done and have him report back to us and I make that a motion. Allright, is there a second to Mr. Trout's motion? Mr. Mayor, I'll second it but with a question to the City Manager with regards to proffered conditions that are included in the rezoning ordinances that Mr. Trout refers to and many of those as all you know many of those rezoning ordinances do contain certain proffered conditions that have to be abided by. Mr. Herbert, in what manner and who is, I think I know who is responsible, but how are those proffered conditions handled and who looks into it to see that they are followed in those rezonings? This has happened I notice also in the county it has happened recently where proffered conditions weren't followed and how is that handled in the City. Mr. Garland, members of Council, since some of these instances arose, we have computerized our building records down in the building commissioner's office Anytime a building permit is issued against these properties there is a required sign off by two people to assure the proffers have 7 Bob Garland Bob Herbert Bob Garland been looked at and indeed have been implemented. We can't go back and clear up any of these previous areas although I would be pleased to provide some information to Council if you would like to have it. But I think that we have, from a management standpoint, put a system in place to assist the building commissioner's office and the planning commission staff and others who are reviewing these kinds of items, along with the engineering department to make sure the proffers are addressed when the building permit is applied for and the site plan review is undertaken the engineering office. I think that is fine and I'm glad to hear that you have done that because this question does come up, as you know, from time to time and there have been some difference in opinion on what was a fast-food restaurant and what wasn't. I think that was established in that case and I believe the building commissioner was proven correct in that particular case, was he not? Yes sir. Yes, and but I think it is very important when we sit up here and we rezone a piece of property with certain stipulations that they Bob Herbert Mayor Taylor be followed through with. That they indeed be adhered to and checked on to be sure that wishes of the council and of the neighborhood that voice the objection, that those proffered conditions were indeed followed. Mr. Garland, the other point I think I would like to make, Mr. Dibling and I have met on this issue. Mr. Dibling has made it clear and has dedicated one of his staff attorneys to work in that particular directorate, in particular with the building commissioner's office. And to oversimplify the statement, it goes along like this, when in doubt contact the city attorney's office for a ruling beforehand not after a decision is made by one of the administrative people down there. And I think I've already seen in my own mind much more contact with the city attorney's office on these issues. It's never been, and let me make that clear, that Mr. Dibling didn't make his people available. I think it pointed out the importance of getting good legal advice in advance rather than after the fact. Thank you very much gentlemen. Those who favor the motion please say aye. And those who oppose would please say no. The ayes have it and it is so ordered, Thank you very much 10 Roanoke City Public Schools Division of Instruction · P.O. Box 13145, R o~L Virg ~ia ;7403i: January 30, 1990 TO: Dr. Frank P. Tota WiIliam R. Hackley Assistant Superintendent RE: MELVIN GARRETT'S ANTI-DRUG PLAN I met with Melvin Garret on Friday, January 26, 1990. I explained to him that a comprehensive plan already exists in correlation with the State and local agencies and the City Manager's Task Force in which the objectives listed in his plan are being implemented. psb Enclosure Excellence in Education Office of the City Clerk January 10, 1990 File #76 Mr. James ~. Turner, Jr., Chairman Roanoke City School Board P. O. 8ox 1-~20- Salem, Virginia 24153 ~r. W. Robert Herbert City Manager Roanoke, Virginia Gent lemen: I am enclosing copy of a proposal submitted by ~r. ~elvin ~, Garrett with regard to an Anti-Drug Plan, which proposal was before the Council of the City of Roanoke at a regular meeting held on Monday, January 8, 1990. On motion, duly seconded and unanimously adopted, the matter was referred to the City Manager and the Roanoke City School Board for evaluation as to how ~r. Garrett's proposal would fit into existing drug and alcohol prevention programs of the City and the School system. Sincerely, ~ ~ary F. Parker, C~4C City Clerk ~FP:ra Enc. pc: fr. Frank P. Tota, Superintendent 13145, Roanoke, Virginia 24031 of Schools, P. ©. 8ox Room456 MunicipalBuildlng 215Church Avenue, S.W. Roanoke, Virginia 24011 (703)981-2541 Office of the City Clerk January 10, 1990 File #76 Mr. James M. Turner, Jr., Chairman Roanoke City School Board P. 0. Box 1020 Salem, Virginia 24153 Mr. ~. Robert Herbert City ~anager Roanoke, Virginia Gentlemen: I am enclosing copy of a proposal submitted by Mr. ~elvia ~. Garrett with regard to an Anti-Drug Plan, which proposal was before the Council of the City of ~oanoke at a regular meeting held on Monday, January 8, 1990. On motion, duly seconded and unanimously adopted, the matter vas referred to the City Manager and the Roanoke City School Board for evaluation as to how ~r. Garrett's proposal would fit into existing drug and alcohol prevention programs of the City and the School system. Sincerely, ~ Mary F. Parker, CMC City Clerk MFP:ra Enc o pc: Mr. Melvin W. Garrett, 706 Gilmer Avenue, N. W., Roanoke, Virginia 24016 Mr. James D. Ritchie, Chairman, City Manager's Drug Strategy Task Force Room456 MunicipalBuilding 215Church Avenue, S.W. Roanoke, Virginia 24011 (703)981-2541 Office of the City Clerk January 10, 1990 File #76 Mr. James ~. Turner, Jr., Chairman Roanoke City School ~oard P. 0. Box 1020 Salem, Virginia 24153 Mr. W. Robert Herbert City Manager Roanoke, Virginia Gent leman: I am enclosing copy of a proposal submitted by ~r. ~elvin ~. Garrett with regard to an Anti-Drug Plan, which proposal was before the Council of the City of Roanoke at a regular meeting held on Monday, January 8, 1990. ©n motion, duly seconded ana unanimously adopted, the matter was referred to the City Manager and the Roanoke City School Board for evaluation as to how ~r. Garrett's proposal would fit into existing drug and alcohol prevention programs of the City and the School system. Sincerely, ~ ~4ary F. Parker, CMC City Clerk MFP:ra Enc. pc: Dro Frank P. 13145, Roanoke~ Tota, Superintendent of Schools, P. ©. Box Virginia 24031 Room 456 Municipal Building 215Church Avenue, S.W. Roanoke, Virginia 24011 (70.t) 981-2541 MAYOR'S ANTI-DRUG PLAN OBJECTIVES: 1. Participants will develop employable skills and economic understanding. 2. Participants will develop self-esteem. 3. Participants will learn Drug and Alcohol abuse awareness. MELVIN W. GARRETT 706 Gilmer Avenue, NW Roanoke, Virginia 24016 (703) 982-7021 Social Security Number: 229-72-8331 Date of Birth: September 17, 1951 - EDUCATION - James Madison University Ilarrisonburg, Virginia 22807 08/17/89 Certificate, Indnstrial Cooperative Training Marketing Education Winston-Salem State University Winston-Salem, North Carolina 08/28/73 to 5/6/77 Degree, B.S., Health & Physical Education Minor, History Bluefield State College Bluefield, West Virginia 08/28/71 to Summer 1973 Major, Recreation Minor, Itealth Virginia State University Petersburg, Virginia 08/28/82 to Summer 1983 Major; SOecial Education Professional Certificate Commonwealth of Virginia 1977 Academy for Staff Development Commonwealth of Virginia Department of Correction.' Waynesboro, Virginia 03/84 Certificate, Basic Youth Skills Po~ition: Address: Duties: Pc~ition: Address: Duties: Position: Address: Duties:. - WORK EXPERIENCE - Job Instructor 08/28/87 to 06/14/89 Roanoke City Public Schools Division for Staff Development and Personnel P. O. Box 13145 Roanoke, Virginia 24031 Maintain records; teach general relative curriculum and directly relative curriculum. Develope realistic and measurable training plans; capable of rotating student-learners through multiple facets of a job experience witb business and industry. Work includes a demanding profession; out on the road, in offices, shops, and stores; and the classroom, tfold individual conferences with students and parents. Develpo new training stations, coordinate the components of Alternative Education. Ward Secretary 10/01/85 to 10/01/86 Part time Veterans Administration Salem Medical Center Rehabilitation Plan/Work Experience Roanoke, Virginia Maintain records, schedule x-ray, organize medical records, transfer medical diets from records. Substitute Teacher 10/31/82 to 10/05/85 Part time Petersburg School Board 141 East Wythe street Petersburg, Virginia 'reach class, carry out lesson plans, do lunch count, file grades, assign reports. Pnnitinn- Addr,'-~' Duties: Position: Addre~: Dutiem Position: Dutiem Position: Addte~: Duties: Position: Address: Duties: Position: Address: Poaitiom Address: Duties: Data Transcriber 06/15/83 to 10/30/85 Parr time Defense General Supply Center Richtnond, Virginia Operate CRT computer, input data slips, consolidate information in computer, learn different for~nats for different ;operations, file slips, keep count of progress. Supervisor A 06/83 to 09/85 fart time Chester field County Departtnent of Parks & Recreation Chester riehl, Virginia Supervise activities, open facility and close facility, monitor building, pass out equipment, keep records, file reports. Suba'titute 'l'eaeh~r 09/78 to 11/79 Part time Roanoke City School Board 40 Douglas Avenue, N W Roanoke, Virginia Teach cla~s, carry out lesson plans, file grades, monitor class assignments, grade papers. Group Lea~r 0~/78 to 10/79 Part time Department of Parks & Recreation City of Roanoke Roanoke, Virginia Supervise facility, monitor activities, pass out equiptnent, supervise participants, keep records, file reports. Curriculum Planner & Program Coordinator 08/77 to 10/79 Roanoke, v'irginia Develop curriculum for disadvantaged youth, recruit participants, keep records, make reports, evaluate participants and program, teach lessons. Program Leader National Youth Sports Program Virginia State University Petersburg, Virginia Keep roll of participants, supervise activities, monitor building, teach skills. Supervisor A Commonwealth of Virginia Department of Correction Hanover, v'irginia Supervise youth in Design ~tehavior Program, monitop sports activities, tile reports, ke~p records of i~uhavior. THE MAYOR'S ANTI-DRUG PLAN GOALS~ Provide the participants with the appropriate intervention techniques and guidance as necessary to improve his/her opportunity in the community. Make part/c/pants aware of their current status and capabilities. Inform the participant of the minimum expectation and what he/she must do to meet these expectations. The program measures and utilizes self-esteem, self-evaluation, behavior modification and positive reinforce- ment. This will enable participants to im- prove their opportunities for success. JOB DUTIES: Conduct seminars, develop realistic and measurable training plans, coordinate the component of training system with Administration. Develop new training stations, maintain records, and utilize Management. Coordinate general relative curriculum and directly relative curriculum. Rotating participants-learners through multiple facets of job experience. Coordinate the component of seminars with the educational system. Hold individual conferences with participants and family. Have Out-Reach, In-Home, and Community. Evaluation of participants progress. Provide survey method research, experimental method research, and practical research. Submits all required reports and documents to Administration. Exercises Judgement and accepts responsibility for participants discipline. Work with high-risk participants in schools, park and recreation facilities in the community and Out-Reach facilities. Provide participants with Orientation.