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HomeMy WebLinkAboutCouncil Actions 10-08-90Ha rvey (30264) REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL October 8, 1990 7:30 p.m. AGENDA FOR THE COUNCIL Call'to Order -- Roll Call. Mayor Taylor, Mrs. Bowles and Mr. Bowers were absent. The invocation will be delivered by The Reverend Allen Smith, Pastor, Clearview Baptist Church. Present. The Pledge of Allegiance to the Flag of the United States of America will be led by Vice-Mayor Howard E. Musser. BID OPENINGS A. Bids for repair of structural fire damage at the Roanoke Civic Center Auditorium. Four bids were referred to a committee composed of Messrs. White, Chairman, Clark and Snead for tabula- tion, report and recommendation to Council. PUBLIC HEARINGS Public hearing on the request of Mr. James ~. Hardie that a tract of land located at 5105 Williamson Road, N. ~., identified as Official Tax No. 2190616 and por- tions of Official Tax Nos. 2190602 and 2190603, be rezoned from RS-3, Residential Single Family District, to C-2, General Commerical District, subject to certain conditions proffered by the petitioner. Mr. James ~. Hardie, Spokesman. Adopted Ordinance No. 30264 on first reading. (4-0) Public hearing on the request of the City of Roanoke that a tract of land located on the east side of Mecca Street, N. E., south of Orange Avenue (U.S. 460), identified as Official Tax Nos. 7090401 and 7080101, be rezoned from RS-3, Residential Single-Family District, to L~, Light ~anufacturing District. ~r. W. Robert Herbert, City Manager. Adopted Ordinance No. 30265 on first reading. (4-0) (1) Public hearing on the request of the City Planning Commission to rezone 131 parcels of land lying approxi- mately south of 22nd Street, S. W., north of 26th Street, approximately west of Rosalind Avenue, and east of Avenham Avenue, S. ~., from RM-1, Residential Multi-Family Low Density District, to RS-3, Residential Single Family District; to rezone nine par- cels of land lying on the south side of Rosalind Avenue, S. ~., between 24th Street and 23rd Street, from Rm-2, Residential Multi-Family, Medium Density District, to RS-3, Residential Single Family District; and to rezone 22 parcels of land lying on the south side of Broadway Avenue, S. ~., between £ongview Avenue and McClanahan Avenue, from RM-2, Residential Multi- Family, Medium Density District, to RM-i, Residential Multi-Family, Low Density District. Mr. Michael ~. Waldvogel, Chairman, Spokesman. Continued until the next regular meeting of Council Monday, October 15, 1990, at 2:00 p.m. CONSENT AGENDA (Approved 4-0) on ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION IN THE ~RM 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. C-1 A communication from Vice-Mayor Howard E. ~usser requesting an Executive Session to discuss a personnel matter, specifically the appointment of a specific public officer, in accordance with Section 2.1-344 (A) (1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene in Executive Session to discuss a personnel matter, specifically the appoiatment of a specific public officer, in accordance with Section 2.1-344 (A) (1), Code of Virginia (1950), as amended. C-2 A communication from Council ~ember David A. Bowers with regard to the return of Washington WFTG-Channel 5 to the programming schedule offered to subscribers of Cox Cable television in the Roanoke viewing area. RECOMMENDED ACTION: Receive and file. C-3 Qualification of Mr. ~ilburn C. Dibling, Jr., as City Attorney for the City of Roanoke for a term of two years, commencing October 1, 1990, and ending September 30, 1992. RECOMMENDED ACTION: Receive and file. (2) C-4 Qualification of Mr. Charles W. Day as a Trustee of the Roanoke City School Board to fill the unexpired term of ~r. E. Clabon Edwards, resigned, ending June 30, 1993. RECOmmENDED ACTION: Receive and file. REGULAR AGENDA Hearing of Citizens Upon Public Matters: None. Petitions and Communications: A communication from Council Member William ~hite, Sr., recommending adoption of a measure recognizing the efforts of two citizens in the rescue of a child who was recently attacked by a vicious dog. Referred to the City Attorney for preparation of the proper A communication from Council Member William ~hite, Sr., recommending adoption of a measure encouraging the City's representatives to the General Assembly to support enactment of stronger legislation relating to animal control laws in Virginia. Referred to the City Attorney for preparation of the proper measure. The City Manager was requested to report to Council with regard to adoption of a measure regulating cats running at large in the City. Reports of Officers: a. City ~anager: Briefings: 1. A report with regard to proposed changes to the noxious weed ordinance. Received and filed. Items Recommended for Action: None. b. City Attorney: 1. A report transmitting a proposed Legislative Program for the 1991 Session of the General Assembly. Council authorized a public hearing to be held on Monday, October 29, 1990, at 2:00 p.m., or as soon thereafter as the matter may be heard with regard to proposed City Charter amendments. (3) e 10. Action on the proposed 1991 Legislative Program was deferred until the next regular meeting of Council on Monday, October 15, 1990, at 2:00 p.m. Reports of Committees: A report of the committee appointed to tabulate bids received for interior renovations to the Civic Center Auditorium, recommending that all bids be rejected and that the project be readvertised. Council Member · illiam White, Sr., Chairman. Adopted Resolution No. 30266-10890. (4-0) Unfinished Business: None. Introduction and Consideration of Ordinances and Resolutions: Ordinance No. 30259, on second reading, granting a conditional permit for an existing structure encroaching over and into the right-of-way of Adams Street, N. ~., located adjacent to 3804 Melrose Avenue, N. ~., Official Tax No. 2762008, upon certain terms and conditions. Adopted Ordinance No. 30259-10890. (4-0) Motions and Miscellaneous Business: Inquiries and/or comments by the Vice-Mayor and Members of City Council. Vacancies on various authorities, Doards, commissions and committees appointed by Council· Other Hearings of Citizens: Certification of Executive Session. (4-0) (4) Office of the Council October 8, 1990 The Honorable Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: I wish to request an Executive Session to discuss a personnel matter, specifically the appointment of a specific public officer, in accor- dance with Section 2.1-344 (A) (1) Code of Virginia (1950), amended. · as ncere ly,~ Vi ce-Mayor HEM:sw Room 456, MunicipalBuilding 215 Chu~(hAvenue, S W liodnoke, V~rginia 24011 (703)981-2541 Office of the City Clerk October 10, 2990 File #448 Mr. Howard E. Musser, Chairman Regional Cable Television Committee Roanoke, Virginia I am attaching copy of a communication from Council Member David ~. Bowers with regard to the return of ~ashington ~/I*TG-Channel 5 ~o the programming schedule offered to subscribers of Cox Cable television in the Roanoke viewing area, which communication was before the Council of the City of Roanoke at a regular meeting held on Monday, October 8, 1990. On motion, duly seconded and adopted, the communication was referred to the Regional Cable Television Committee. Sincerely, ~g~.~__i Mary F. Parker, CMC/AAE City Clerk MFP:ra Room 486 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the Council October 1, 1990 Honorable Howard E. Musser, Cablevision Committee Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 Chairman Dear Howard: As we go forward with the final negotiations for the cablevision contract with the City of Roanoke, I would like to enlist your support and the concurrence of your committee in trying to get WTTG, Channel 5 out of Washington, D.C. back on Roanoke cable. AS you know, Channel 5 was a popular addition to the Roanoke cable television system for many, many years going back to the late 1970's, at least. Unfortunately, it had to be blacked out because of new FCC rules which pre- vented network pr0graming on an out-of-town channel which would be identical to that broadcast on a local channel. Apparently, when the Lynchburg station, WJPR-TV, began broad- casting Fox network programs, WTTG-Washington would have had to be blacked out for any network programing presented at the same time. It was for this reason, you will recall, that WTTG was dropped sometime within the last year, and WGN-Chicago was added. WGN is a fine station, but I don't find a "community of interest" connection between Roanoke and Chicago among too many people here in the City. On the other hand, Roanokers have long enjoyed the broadcast from WTTG in Washington. Our citizens are more interested in the weather reports and the goings on of the Mayor of Washington, than how much snow fell in Chicago or the goings on of Mayor Daley. The ten o'clock news on the Washington station was very popular here in Roanoke. Likewise, we find more interest in local programing and com- mercials from the Washington area, than from "Chicagoland." Of course, the most important aspect for many of us here in the Roanoke Valley regarding Channel 5 was their excellent coverage of Washington Redskins football. I am a little more experienced in political commentary than sports commentary, but I can tell you that the superb Redskins coverage Room 456 Municipoi Building 215 Church Avenue, SW Roonoke, V~rginio 24011 (703) 981-254t Honorable Howard E. Musser, Chairman October 1, 1990 PAGE TWO from Channel 5 with their pre-game and post-game shows, their pre-season exihibition games, and regular nightly newscast, were a big hit for Redskin fanatics here in Roanoke. It seems to me, now that WJPR has combined with WVFT to simulcast their stations, there is no real reason for them to occupy two channels (Channel 17 and 18) on Roanoke cablevision. I don't see any problem with providing one channel for WJPR/WVFT and providing the other channel for WTTG-Washington, even though that channel would have to be blacked out when Fox Network programing is broadcast on WJPR. That would only mean that someone watching WTTG on Channel 18, for instance, would have to turn one notch over to Channel 17 to catch the Fox shows on WJPR/WVFT. On behalf of all the Redskin fanatics in the City of Roanoke, of which I know of at least four are members of Roanoke City Council, I would respectfully request that some arrangement be made on behalf of our citizens to get WTTG-Washington, or portions thereof, back on the air on Roanoke cablevision. I would ask that this letter be placed on the con- sent agenda of Council for October 8, 1990, and thereafter referred to the regional cablevision committee. Thank you for your consideration. DAB/jfk Sincerely, ~.q~ower s Councilman 0-2 Oafh or AffirmatiOn of Office State of Virginia, C,i~ of Roanoke, to .wit: 'O~C. I I, Wilburn C. Diblin~, Jr. , do solemnly swear (or affirm) that I will sup~rt 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 City Attorney of the City oi ~anoke, for c te~ o~ two year~ co~enciz~& Office of the City Clerk September i9, zsgo File #15-~3 ,Hr. [~ilburn C. Vibling, City attorney Roanoke, kirqiaia Jr. Dear Sr. biOling: At a regular meeting of the Council of the City of Roanoke held on ~onaay, September 17, 1990, you were reappointed as City Attorney of the City of Roanoke, for a term of two years, com- mencing October 1, 1990, and ending September 30, 1992. Enclosed you will find a Certificate of your reappointment and an Oath or A~firmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke. Please prior return one copy of the Oath of Office to the undersigned to September 30, 1990. Sincerely, ~d~l. Aff~.~.~ ~ary F. Parker, C~IC/AA£ City Clerk ~4FP: r a E~c. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 COmmONWEALTH OF VIRGINIA ) ) To-~it: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, ana as such City Clerk of the Council of the City of Roanoke and keeper of the records t~ereof, do hereby certify that at a regular meeting of Council held on the seYenteent~ day of September, 1990, ~ILBURN C. DIBLING, JR., was reappointed as City Attorney for the City of Roanoke, for a term of two years commencing October 1, 1990, and ending September 30, 1992. Given unaer my hand and the Seal of nineteenth day of September, 1990. the City of Roanoke this City Clert~ Office of the City Clerk October 10, 1990 File #15-467 Hr. James ~. Turner, Jr., Roanoke City School Board P. 0. Box 1689 Salem, Virginia 24153 Chairman Dear Mr. Turner: This is to advise you that Mr. Charles Trustee of the Roanoke City School term of Mr. E. Clabon Edwards, resigned, Day has qualified as a Boa rd to fill the unexpired ending June 30, 1993. Sincerely, ~ Mary F. Parker, C~4C/AAE City Clerk MFP:ra pc: Dr. Frank P. Torn, Superintendent of Schools, P. O. Box 13145, Roanoke, Virginia 24031 ~r. Richard L. Kelley, Executive for Business Affairs and Clerk of the Board, P. 0. Box 13105, Roanoke, Virginia 24031 Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 0-2 Oath or Affirmation of Office $~ o~ Virginia, Cit~ o! Roanoke, to.wit: I, Charles W. Day ~ do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the State of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a Trustee of the Roanoke City School Board to fill the unexpired term of E. C_l~abon Edwards, resigned, ending June 30, 1993. according to the best of my ability. So help me God. Subscribed and sworn to before ,ne, this ~,~/~'-~ day of ~-z~/~-~'~ ~.e.~ j 9fO ~ ~ ~~ . Deputy Clerk Office of the City Clerk September 19, 1990 File #15-467 Hr. Charles ~. Day 1830 Grayson Avenue, N. ~. Roanoke, Virginia 24017 Dear ~r. Day: At the regular meeting of the Council of the City of Roanoke held on Monday, September 17, 1990, you were elected to fill a vacancy on the Roanoke City School Board, created by the resignation of Hr. E. Clabon Eawards for a term ending June 30, 1993. Eaclosed you will find a Certificate of your election. Your Oath of office has been forwarded to Dr. Frank P. Tota, Superintendent of Schools, who will arrange details for administration of tt~e Oath. 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 elected. 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, .Nary F. Parker, C~C/AAE City Clerk MFP:ra Enc. pc: Mr. James M. Turner, Jr., Chairman, Roanoke City School Board, P. ©. Box 16~9, Salem, Virginia 24153 Dr. Frank P. Tota, Superintendent of Schools, P. O. Box 13145, Roanoke, Virginia 24031 Mr. Richard L. Kelley, Executive for Business Affairs and Clerk of the Boar~, P. 0. Box 13105, RoanoKe, Virginia 24031 Room 456 Municipal Building 215 Church Avenue, S,W. Roanoke, Virginia 24011 (703) 981-2541 COMMONWEALTH OF CITY OF ROANOKE VIRGINIA ) ) To-wit: ) I, ~ary F. Parker, Council of the City of do hereby certify that the seventeenth day of City Clerk, and as such City Clerk of the Roanoke and keeper of the records thereof, at a regular meeting of Council held on Se~ ,mber, 1990, CHARLES ~. DAY was elected as a Trustee of the unexpired term of E. 30, 1993. Given under my hand nineteenth day of September, t?~ doanoke City School Board, to fill Ciabon Edwards, resigned, ending June and the Seal of the City of Roanoke 1990. this City Clerk Office of the Council October 8, 1990 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: On ~bdnesday, October 3, 1990, Miss India Renee' Hairston, five years of age, was attacked by a Rottweiler on her way to kin- dergarten, and was rescued by two citizens, Ms. Altha Dowe and Ns. Doris Thurman. By this letter, I would like to recommend that City Council con- sider the adoption of a Resolution to recognize the two citizens who came to Miss Hairston's rescue. Your favorable appreciated. consideration of this request would be William l&hite, Sr. Council Member I~WSr:ra WHITE6 Room 456. MunicipalOuilding 215 Chu,¢hAuenue. 5 W Roanoke, Vlrgima 24011 (703)981-2541 Office of the Council October 8, 1990 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: With regard to the incident which occurred on Wednesday, October 3, 1990, whereby a child was viciously attacked by a neighbor's Rottweiler, I would respectfully request that City Council con- sider the adoption of a Resolution encouraging our State Legislators to support enactment of stronger legislation relating to animal control laws in Virginia. ~WSr:ra ~HITE7 Room 456. MunicipalSuildi,)g 215 Chu,(hAuenue, 5 W Roanoke, Virginia 24011 (703)981-2541 COMPARISON OF WEED ABATEMENT ORDINANCES Current Ordinance Enforcement from 5/1 to 10/1. Administrative surcharge is 30% of total aba tement bill. Penalty charge of an additional 10%, forgiven if assessement is paid without appeal (post - abatement hearing). No consideration given for lots in excess of i acre ("acreage"). No exclusion for undisturbed woodland. "Weed" defined in terms of centimeters, which "translated" into 13.65 inches. Ordinance called for the posting of assessments for weed abatement 14 days prior to hearing to appeal assessment as incorrect. Proposed Ordinance Year Round Enforcement. Administrative surcharge is $50 for all abatements. No penalty charge under any circumstances. Owners of acreage may be asked to mow 50' back from property lines. Exclusion for undisturbed woodland. "Weed" defined in terms of inches (14). Posting not required; property owner notified of necessity to request appeal hearing if he considers charges incorrect. DRAFT IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, AN ORDINANCE amending and reordaining $33-17, Definitions; $33-18, Weeds and trash declared a public nuisance; $33-19, put¥ of owner of land to cut noxious weeds; $33-20, Notice of removal of weeds; preabatement hearin$; $33-21, Abatement of public nuisance; $33-22, Accountin$ for abatement costs; and $33-23, Notice to owner of hearing on abatement costs; and repealing $33-24, Post-abatement hearin$, of Chapter 33, Vesetation and Trash, Code of the City of Roanoke (1979), as amended, to provide for the control of the growth of weeds and accumulation of trash and effectuate acceptable provi- sions for compliance and enforcement of the abatement of public nuisances; and providing for an emergency and an effective date. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 33-17, Definitions; $33-18, ,Weeds and trash declared a ~)ublic nuisance; $33-19..Duty of owner of land to cut noxious weeds; $33-20, Notice of removal of weeds~ preabatement hearin$; $33-9.1, Abatement of ~)ublic nuisance; $33-22, Accountin$ for abatement costs; and $33-23, Notice to owner of hearin$ on aba- tement costs; Code of the City of Roanoke (1979), as amended, be amended and reordained to read and provide as follows: Sec. 33-17. Definitions. (e) Parcel means any real estate (and any interest therein) ly--i-~g in the City of Roanoke, Virginia, identi- fied by a Roanoke City Official Tax Number, except any parcel lying in a RA-Residential Agricultural District as defined elsewhere in this Code. (g) Weed or weeds means any plant, grass or other vegetation over fourteen (14) inches high growing upon private property in the City of Roanoke, including, but not limited to, any sage brush, poison oak, poison ivy, Ailanthus Altissima (commonly called Tree of Heaven or Paradise Tree), ragweed, dandelions, milkweed, Canada thistle, and any other undesirable growth, excluding trees, ornamental shrubbery, vegetable and flower gar- dens purposefully planted and maintained by the property owner or occupant free of weed hazard or nuisance, cultivated crops, or undisturbed woodland not otherwise in violation. Sec. 33-18. Weeds and trash declared public nuisance; abatement required. Weeds growing or trash lying on any parcel shall constitute a public nuisance, except that in the case of a parcel greater than one acre in area natural vegeta- tion growing more than fifty (50) feet from every pro- perty line shall not constitute a public nuisance. It shall be unlawful to cause or allow a public nuisance with respect to any parcel. The owner of any parcel shall abate any public nuisance with respect to his parcel. Sec. 33-19. Weeds and trash prohibited; du~y of owner to remove weeds and trash. It shall be unlawful and a public nuisance for the owner of any parcel to allow weeds, as defined herein, to grow or trash to stand upon such parcel. It shall be the duty of the owner of any parcel to immediately cut, remove or destroy any and all weeds and to remove trash on his parcel. Any owner who shall violate any provi- sion of this section shall be deemed to be guilty of a class 4 misdemeanor, and each day that such weeds shall remain uncut or such trash is allowed to stand after the period within which they are required hereunder to be cut or removed shall be deemed to constitute a separate offense under this section. - 2 Sec. 33-20. Notice of removal of weeds; preabatement hearin$. (a) Notwithstanding the criminal sanctions provided for elsewhere in this Code, and in addition to them, whenever the city manager determines that a public nuisance exists with respect to any parcel, he shall mail by United States postal service certified mail to the owner of the parcel at the owner's address, as deter mined from public records, written notice that there exists a public nuisance with respect to the parcel and demand the abatement of the nuisance within fourteen (14) days following the mailing of the notice. Such notice, when so addressed and deposited with the postal service with proper postage prepaid, shall be deemed complete and sufficient. In the event that such notice is returned by the postal authorities or if the owner's address is unknown, the city manager shall cause a copy of the notice to be posted in a conspicuous place on the parcel. The posting shall be accomplished at least fourteen (14) days prior to abatement of the public nuisance with respect to that parcel. (b) The notice shall: (1) Be in writing; (2) Set forth the alleged violation of this article; (3) Describe the parcel of real property where the violations are alleged to exist or to have been committed; (4) Advise that if the weeds or trash are not removed within the prescribed time, the city will proceed to abate the nuisance with the costs thereof together with an administrative fee and interest author- ized by this article being specially assessed against the owner and the par- cel; (5) Advise that the cost of abatement together with the administrative fee and interest constitutes a lien against the property in favor of the city; and (6) Advise that within seven (7) days of the certified mailing of the notice or posting, whichever is applicable, - 3 - the owner may appeal to the city manager stating in detail the reasons why the proposed action should not be taken. (c) In the event the owner appeals the proposed abatement as provided for above, the city manager shall set a hearing and notify the owner of the time and location of a hearing to be held within five (5) days from the date of the city manager's receipt of the appeal. At any hearing, the city manager shall hear and investigate any objection that may be raised and take action in response as he may deem reasonable. Sec. 33-21. Abatement of public nuisance. (a) If the owner shall fail or neglect to complete abatement of the public nuisance as required within fourteen (14) days of mailing of notice or of posting, whichever is applicable, the city manager may direct in writing that city forces abate or complete the abatement of such public nuisance; or the city manager may contract for this abatement on behalf of the city with a private contractor. (b) Any owner may abate the public nuisance him- self without liability to the city, provided that he completes the abatement prior to commencement of abate- ment by city personnel or any private contractor on behalf of the city. Sec. 33-22. Accountin$ for abatement costs. The city manager shall keep an account of the cost of abating public nuisances and embody such account in periodic reports with assessment lists which shall be transmitted to the city clerk and the chief of billings and collections at convenient intervals. The copy retained by the city clerk shall be available for public inspection. The reports shall refer to each parcel as to which public nuisance was abated by description suf- ficient to identify the parcel, and specify and include an additional administrative fee of fifty dollars ($50.00) hereby ordained to be assessed against each owner; the cost of abatement including but not limited to a minimum of two (2) hours labor as well as other reasonable charges for equipment; and interest author- ized by this article. - 4 Sec. 33-23. Notice to owner of hearing on abatement costs; post-abatement hearin$. (a) Upon completion of the reports and assessment lists, the city manager shall send by certified mail to each owner at his address as determined from public records a notice including a statement to the owner of the abatement cost, and the administrative fee. The notice shall also advise the owner of his right to object to, be heard upon, and contest the amount of the abatement costs. The notice shall further provide that upon confirmation by the city manager of the abatement cost and administrative fee, they shall constitute spe- cial assessments against the owner and the parcel, a personal obligation of the owner, and a lien upon the owner's parcel from the date and time of the recordation of a notice of lien, and from the date of such confir- mation, until paid, bear interest at the legal rate, and that any fees, charges or costs for the abatement of a nuisance thereof shall be collected in any manner pro- vided by the Code of Virginia for the collection of state and local taxes. (b) The owner shall have fourteen (14) days from the date of receipt of the notice of assessment to appeal the amount of the assessment to the city manager. The city manager shall set a hearing and notify the owner of the time and location of a hearing for the pur- pose of hearing the owners's objections to and comments upon the report and proposed assessment, of correcting any mistakes or inaccuracies in these documents and of confirming the same. If the owner does not appeal the assessment as stated in the notice, the assessment shall be deemed to be confirmed. (c) With respect to all assessments remaining unpaid fourteen (14) days after confirmation, the city manager shall cause a notice of the lien of the special assessment prepared by the city attorney to be recorded in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia. The city attorney may take appropriate steps including a personal or in rem suit or action in the appropriate court to enforce the lien to satisfy the special assessment. 2. Section 33-24, Post-abatement hearing, of Chapter 33, Vegetation and Trash, Code of the City of Roanoke (1979), as amended, is hereby REPEALED. 5 M 3. In order to provide for the usual daily operation of the municipal government, an emergenc¥ is deemed to exist, and this ordinance shall be in full September 27, 1990. force and effect on and after ATTEST: City Clerk. Office of the City Clerk October 10, 1990 File #192 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear ,~r. Herbert: I am attaching copy of Resolution No. 30266-10890 rejecting all bids for certain interior renovations to the Roanoke Civic Center Auditorium. Resolution No. 30266-10890 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 8, 1990. Sincerely, ~~ ~4ary F. Parker, C~IC/4AE City Clerk MFP:ra EriC . pc: Mr. ~illiam F. Clark, Director of Public Works ~r. George C. Snead, Jr., Director of Administration Public Safety Mr. Bob E. Chapman, Manager, Civic Facilities and Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 IN THE COUNCIL OF THE CITY OF ROANOKE The 8th day of October, 1990. No. 30266-10890. A RESOLUTION rejecting all bids for certain interior renova- tions to the Roanoke Civic Center Auditorium. BE IT RESOLVED by the Council of the City of Roanoke that: 1. All bids received by the City for interior renovations to the Roanoke Civic Center Auditorium are hereby REJECTED. 2. The City Clerk is directed to notify all bidders and to express to each the City's appreciation for said bids. 3. The City Manager is authorized to make any changes in scope of the project deemed advisable and to cause the project to be readvertised for bids. ATTEST: City Clerk. Office of the City Clerk October 10, 1990 File #192 Mr. ~artia S. Pruitt Vice-President Building Specialists, Inc. P. O. Box 1174 Roanoke, Virqinia 24006 Dear Hr. Pruitt: I am enclosing copy of Resolution No. 30266-10890 rejecting all bias for certain interior renovations to the Roanoke Civic Center Auditorium. Resolution No. 30266-10890 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 8, 1990. On behalf of the ~4ayor and ~lembers of City Council, I would like to express appreciation for submitting your bid on the above- described renovations. Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk October 10, 1990 File #192 Mr. L. D. Johnson, Jr. President Construction Services of Roanoke, 3812 Bun~er Hill Drive, S. W. Roanoke, Virginia 24018 Inc o Dear Mr. Johnson: I am enclosing copy of Resolution No. 30266-10890 rejecting all bids for certain interior re~ovations to the Roanoke Civic Center Auditorium. Resolution No. 30266-10890 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 8, 1990. On behalf of the Mayor and MemDers of City Council, I would like to express appreciation for submitting your bia on the above- described renovations. Sincerely, ~~ Mary F. Parker, C~4C/AAE City Clerk ~FP:ra Enc. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk October 10, 1990 File #192 ~r. Bobby ~. Smith President Gardner-Smith, Inc. P. O. Box 866 Salem, Virginia 24153 Dear ~4r. Smith: [ am enclosing copy of Resolution No. 30266-10890 rejecting all bids for certain interior renovations to the Roanoke Civic Center Auditorium. Resolution No. 30266-10890 was adopted by the Council of the City of Roanoke at a regular meeting held on ~onday, October 8, 1990. On behalf of the ~ayor and ~embers of City Council, 1 would like to express appreciation for submitting your bid on the above- described renovations. Sincerely, ~ ~ary F. Parker, C~C/AAE City Clerk ~FP:ra Enc. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2841 Office of the City Clerk October 10, 1990 File #192 Mr. Richard H. Eanes President Q. M. Tomlinson, Inc. P. O. Box 11724 Roanoke, Virginia 24022 Dear Mr. Eanes: I am enclosing copy of Resolution No. 30266-10890 rejecting all bids for certain interior renovations to the Roanoke Civic Center Auditorium. Resolution No. 30266-10890 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 8, 1990. On behalf of the Mayor and Members of City Council, to express appreciation descriDed renovations. I would li~e for submitting your bid on the above- Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:ra Eric. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk October 10, 1990 File #192 Mr. Scott P. Cahill Vice-President Dixie Constructors, Inc. of 2020 East Franklin Street Richmond, Virginia 23223 Virginia Dear Mr. Cahill: I am enclosing copy of Resolution No. 30266-10890 rejecting all bids for certain interior renovations to the Roanoke Civic Center Auditorium. Resolution No. 30266-10890 ~as adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 8, 1990. On behalf of the ~ayor and Members of City Council, I would like to express appreciation for submitting your bid on the above- described renovations. Sincerely, Nary F. Parker, CMC/AAE City Clerk ~FP:ra Enc. Room 486 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Roanoke, Virginia October 8, 1990 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council Subject: Bid Committee Report Civic Center Auditorium Interior Renovations Roanoke, Virginia I. Background: Ae General Services, on August 20, 1990, publicly opened and read aloud the bids received for the Civic Center Auditorium Interior Renovations. The intention was to report to Council on August 24, 1990, with a Council Report. Five (5) bids were received with Dixie Constructors, Inc. of Virginia submitting the low bid in the amount of $436~000.00. The completion time was specified as 120 consecutive calendar days. Work covered by this project is the replacement of the ceiling and lights that were removed under the asbestos aba- tement contract, in the lobbies of the main and mezzanine levels (the public areas around the auditorium), wall painting in these areas, and the replacement of the draperies and carpet. D. All bids received exceeded available funding. II. Current Situation: Ae As provided in the Invitation to Bid and under the City Code, City Administration and Hayes, Seay, Mattern & Mattern, Inc. personnel (consultants for this project) met with the apparent low bidder, Dixie Constructors Inc. of Virginia, on August 23, 1990 to attempt to obtain the contract price within available funds. B. Hayes, Seay, Mattern & Mattern, Inc. prepared a proposed addendum including the following major cost savings: 1. Change the quality of the new ceiling and lights. Page 2 Change the grade of paint on the walls. The original specifications called for the same wall finish that is in the new Airport Terminal. This was specified to be changed to an enamel finish. Omit the new carpet and drapes in their entirety. (It is hoped the carpet and draperies can be replaced next year.) Negotiations with Dixie Constructors Inc. of Virginia resulted in a proposed contract price of $245~000.00. figure still exceeds available funding. This III. Issues in order of importance are: A. Compliance of the bidders with the requirements of the contract documents. B. Amount of the low bid C. Funding of the project D. Time of completion IV. Alternatives are: A. Reject all bids, re-advertise the revised contract documents and receive new bids. 1. Compliance of the bidders with the requirements of the contract documents would not be an issue. Amount of the low bid and the bid for the revised contract documents both exceeded available funds. It is recommended by Hayes, Seay, Mattern & Mattern, Inc. that a change in the magnitude of the contract amount of this nature should be re-bid. 3. Funding would not be encumbered at this time. Time of completion could be extended by as much as a month. During this time the structural damages and the cleaning that is related to the fire can be progressing. Be Award a lump sum contract to Dixie Constructors, Inc. of Virginia, Richmond, Virginia for the revised quotation of $245~000.00 and 120 consecutive calendar days. 1. Compliance of the bidders with the requirements of the contract documents was met. Page 3 2. Amount of the revised low bid exceeds available funding. 3. Funding of the project would come from the Civic Center Retained Earnings account and from another source not yet identified. 4. Time of completion would be the specified 120 con- secutive calendar days. Recommendation is that City Council take the following action: A. Concur with the implementation of Alternative A. B. Authorize the City Manager to reject all bids and to re- advertise the revised project to receive bids as soon as possible. Respectfully submitted, WillianiWhite, Sr., Chairman William F. Clark WW/LBC/mm Attachment: Tabulation of Bids CC: City Manager City Attorney Director of Finance City Engineer Manager, Civic Center Manager, General Services Citizen's Request for Service Construction Cost Technician ead, Jr. TABULATION OF BIDS CIVIC CENTER AUDITORIUM INTERIOR RENOVATIONS ROANOKE, VIRGINIA Bids opened by General Services on Monday, August 20, 1990 at 4:30 p.m. BIDDER LUMP SUM BID BID BOND Dixie Constructors, Inc. of Virginia $436,000.00 * YES Q. M. Tomlinson, Inc. $454,500.00 ** YES Gardner-Smith, Inc. $476,480.00 YES Construction Services of Roanoke, Inc. $485,300.00 YES Building Specialists $519,990.00 YES * Base Bid $382,000.00. Add $54,000.00 on Page 3 of Bid Form: ** Base Bid $469,500.00. Deduct $15,000.00 on Page 3 of Bid Form: Estimated Cost: $380,000.00 William White, Sr., Chairman William F. Clark $436,000.00 $454,500.00 ~ - C. Snead, Hayes, Seay, Mattern & Mattern, Inc. Architects, Engineers, Planners Roanoke, Virginia Office of City Engineer Roanoke, Virginia October , 1990 Roanoke, Virginia October 8, 1990 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council Subject: Bid Committee Report Civic Center Auditorium Interior Renovations Roanoke, Virginia I concur with the recommendations of the attached Bid Committee Report. Respec ully submitted, W. Robert Herbert City Manager WRH/LBC/mm Attachment: Bid Committee Report CC: City Attorney Director of Finance Director of Public Works Director of Administration & Public Safety Citizens Request for Service City Engineer Manager, General Services Manager, Civic Center Construction Cost Technician Office of the City Clerk October 10, 1990 File #169-514 Mr. Joseph A. Parish 3804 ~etrose Avenue, N. W. Roanoke, Virginia 24017 Dear Ur. Parish: I am enclosing four copies of Ordinance No. 30259-10890 granting a conditional permit for an existing structure encroaching over and into the right-of-way of Adams Street, N. W., located adja- cent to 3804 Melrose Avenue, N. W., Official Tax No. 2762008, upon certain terms and conditions. Ordinance No. 30259-10890 was adopted by the Council of the City of Roanoke on first reading on ~onday, October 1, 1990, also adopted by the Council on second reading on ~onday, October 8, 1990, and shall be in full force and effect at such time as a copy, duly signed, sealed, attested, and acknowledged by the permittee, has been admitted to record, at the cost of the permittee, in the Office of the Clerk of the Circuit Court of the City of Roanoke, and shall remain in effect only so lonq as a valid, current certificate evidencing t~e public liability insurance required in Paragraph 4 is on file in the Office of the City Clerk. Please sign and return as well as evidence limits of not less Room 456, Municipal two copies of Ordinance No. 30259-10890, of general public liability insurance with than $500,000.00, to the City Clerk's Office, Building, Roanoke, Virginia 24011. Sincerely, Mary F. Parker, C~C/&4E City Clerk ~FP:ra Enc. pc: ~r. W. Robert Herbert, City Manager Hr. William F. Clark, Director of Public Works Mr. Kit B. Kiser, Director of Utilities and Operations Ms. Sandra H. Eakin, Deputy City Clerk Room 456 Municipal Building 215 Chu~h Avenue, S.W. Roanoke, Vi~inia 24011 (703) 981-2541 Office of the City Clerk October 10, 1990 File #169-514 Tae Honorable Patsy Testerman Clerk of t~e Circuit Court Roanoke, Virginia Dear Wiss Testerman: I am attaching copy of Ordinance No. 30259-10890 granting a con- aitional permit for an existing structure encroaching over and into the right-of-way of Adams Street, N. W., located adjacent to 3804 Melrose Avenue, 4. ~., Official Tax No. 2762008, upon cer- tain terms and conditions. Ordinance No. 30259-10890 was adopted by the Council of the City of Roanoke on first reading on Monday, October i, 1990, also adopted by the Council on second reading on Monaay, October 8, 1990, and shall be in full force and effect at such time as a copy, duly signed, sealed, attested, and acknowledged by the permittee, has been admitted to record, at the cost of the permittee, in the Office of the Clerk of the Circuit Court of the City of Roanoke, and shall remain in effect only so long as a valid, current certificate evidencing tae public !iability insurance required in Paragraph 4 is on file in the 0~ :e of the City Clerk. Sincerely, ~lary F. Parker, CMC/AAE City Clerk MFP:ra Enc. pc: Hr. Joseph A. Parish, Virginia 24017 3804 Melrose Avenue, N. W., Roanoke, Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of October, 1990. No. 30259-10890. AN ORDINANCE granting a conditional permit for an existing structure encroaching over and into the right-of-way of Adams Street, N.W., located adjacent to 3804 Melrose Avenue, N.W., Official Tax No. 2762008, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Permission be and is hereby granted the current owner, Joseph A. Parrish, his grantees, assigness, or successors in interest, of the property bearing Official Tax No. 2762008, otherwise known as 3804 Melrose Avenue, N.W., within the City of Roanoke, to maintain an encroachment by an existing structure encroaching approximately 3 feet over and into the public right- of-way of Adams Street, N.W., as more fully described in a report of the City Manager dated October 1, 1990, on file in the Office of the City Clerk. 2. Said permit, granted pursuant to §15.1-377, Code of Virginia (1950), as amended, shall be to maintain such encroach- ment as it exists until such structure is destroyed or removed, provided that said permit shall be revocable in the event that the affected right-of-way is needed by the City for street widening, utilities, sidewalks or other similar municipal purposes. 3. It shall be agreed by the permittee that, in using and maintaining such encroachment, said permittee and its grantees, assignees, or successors in interest covenant and agree to indem- nify and save harmless the City of Roanoke, its officials, offi- cers and employees, from all claims for injuries or damages to persons or property that may arise by reason of the above- described encroachment over public right-of-way. 4. Permittee, its grantees, assignees or successors in interest shall for the duration of this permit, with respect to claims arising out of the maintenance and use of the structure and areas permitted to encroach into City right-of-way hereunder, maintain on file with the City Clerk's Office evidence of general public liability insurance with limits of not less than $500,000.00 combined bodily injury liability, including death, and property damage liability for any one occurrence, and including the City of Roanoke, its officers, employees and agents as additional insureds. 5. The conditional permit granted for this encroachment by Ordinance No. 30152-72390, dated July 23, 1990, is hereby revoked. 6. This ordinance shall be in full force and effect at such time as a copy, duly signed, sealed, attested, and acknowledged by permittee, has been admitted to record, at the cost of the permittee, in the Office of the Clerk of the Circuit Court of the City of Roanoke, and shall remain in effect only so long as a valid, current certificate evidencing the public liability insurance required in paragraph 4 above is on file in the Office of the City Clerk. ATTEST: City Clerk. ACCEPTED and EXECUTED by the undersigned this , 1990. day of Permittee Permittee STATE OF VIRGINIA CITY OF ROANOKE I, hereby certify that ledged before me this the foregoing instrument was acknow- day of , 19,., , by My Commission expires: Notary Public Roanoke, Virginia October 1, 1990 Honorable Mayor & Members of City Council Roanoke, Virginia SUBJECT: ENCROACHMENT ON CITY-OWNED RIGHT-OF-WAY ADAMS STREET, N.W. Dear Members of Council: I. Background: A. Conditional permit for referenced encroachment granted by Council by Ordinance No. 30152-72390 (July 23, 1990). B. Condition of permit was that it be revocable at the pleasure of the City. II. Current Situation: Condition that permit be revocable at pleasure of City has presented problems to property owner in his attempts to sell property. He has requested that the condition be revised to state that the encroachment may remain as long as the building stands unless the City needs the right-of-way for street widening, utilities or sidewalk construction. III. Issues: A. Need B. Timing C. Indemnification & General Liability Insurance IV. Alternatives: Council authorize the appropriate City officials to execute a revised ~onditional permit allowing the encroaching structure at 3809 Melrose Avenue, N.W., to encroach into Adams Street, N.W., as long as the building stands unless the City needs the right-of-way in question for street widening, utilities or sidewalk. Permit to be in a form approved by the City Attorney. Members of Council RE: Encroachment/Adams Street, Page 2 1. Need by petitioner for revision is met. 2. Timin9 to complete sale of property as promptly as possible is met. 3. Indemnification and General Liability Insurance requirements to remain same as in Ordinance No. 30152-72390. Council not authorize revision of the conditional permit granted by Ordinance No. 30152-72390. 1. Need by petitioner for revision not met. 2. Timin9 of sale of property by petitioner disrupted. 3. Indemnification and General Liability Insurance is not an issue. Recommendation: Council authorize the appropriate City officials to exe- cute a revised conditional permit for an encroachment into the public right-of-way on Adams Street, N.W. in accordance with Alternative "A". Respectfully submitted, W. Robert Herbert City Manager WRH/RHV/fm Attachments CC: City Attorney Director of Finanace Director of Public Works Director of Utilities & Operations Risk Manager Joseph A. Parrish September ii, 1990 Mr. Mark Williams City of Roanoke Attorney 215 Church Ave. SW Roanoke, Va. 24011 Re: Property located at 3804 Melrose Ave. Dear Mr. Williams: As a result of our meeting in August relative to the encroachment of my building onto Adams St., it was decided that the language of the ordinance enclosed could be amended so that the City of Roanoke would not revoke the permit or easement for as long as the subject building stands, and unless the City needs the area in question for street widening or for utilities. Please consider this a written request to present this amendment before City Council as soon as possible. Because I am trying to complete the sale of this property, this matter is crucial to the marketability of the property; therefore time is of the essence. Thank you for your assistance in this matter. Sincerely, Enc./ cc:~it Kiser Richard Padgett Jr. IN THE COUNCIL OF THE CITY OF EOANOKE, VIRGINIA, The 23rd .day of July, 1990. No. 30152-72390. AN ORDINANCE granting a conditional permit for an existing structure encroaching over and into the right-of-way of Adams Street, N.W., located adjacent to 3804 Melrose Avenue, Official Tax No. 2762008, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Permission be and is hereby granted the current owner, Joseph A. Parrish, his grantees, assignees, or successors in interest, of the property bearing Official Tax No. 2762008, - otherwise known as 3804 Melrose Avenue, N.W., within the City of Roanoke, to nmintain an encroachment b~ an existing structure encroaching approximately 3 feet over and into the public right- of-way of Adams Street, N.W., as.more fully described in a report of the Water Resources Committee dated July 9, 1990, on file in the Office of the City Clerk. 2. Said permit, granted pursuant to S1§.1-377, Code of. Virginfa (1950), ~s amended, shall be revocable at the pleasure of the Council of'the City of Roanoke, and is subject to all the limitations contained in the aforesaid $15.1-377. 3. It shall be agreed by the permittee that, in maintaining such encroachments, said permittee and its Eraptees, assignees, or successors in interest covenant and agree to indemnify and save harmless the City of Roanoke, its officials, officers and employees, from all claims for injuries or damages to persons or property that may arise by reason of the above-described encroachment over public right-of-way. 4. Permitfee, its grantees, assignees or successors in interest shall for the duration of this permit, with respect to claims arising out of the maintenance and use of the structure and areas permitted to encroach into City right-of-way hereunder, maintain on file with the City Clerk's Office evidence of general public liability insurance with limits of not less than $500,000.00 combined bodily injury liability, including death, and property damage liability for any one occurrence, and including the City of Roanoke, its officers, employees and agents as additional insureds. 5. This ordinance shall be in full force and effect at time as a copy, duly signed, sealed, attested, and acknowledged by permittee, has been admitted to record, at the cost of the permittee, in the Office of the Clerk of the Circuit Court of the City of Roanoke, and shall remain in effect only so long as a valid, current certificate evidencing the public liability insurance required in paragraph 4 above is on of the City Clerk. file in the Office ATTEST: ~~ City Clerk. ACCEPTEDAand EXECUTED by the 'undersigned this ~' PermlCtee day of Permlttee 3TATE OF VIRGINIA CITY OF ROANOKE I, hereby certify that the foregoing instrument was acknow- My Commi ssi expires: ~ ~mmiss~0n ~p~es 6/9/92 - 3 - ; o 8ox 1699 ERIE. PA 16530 CERTIFICATE OF INSURANCE 24019 ,Io:~c:ph A. Pariuh ~.~ ~ [.[elrose Avenue, ,,L,.)[.e, VA 24017 DD213C COMPANIES AFFOROING COVERAGES ' . · ERIE INSURANCE COMPANY CUMPAN¥ [~ ERIE INSURANCE EXCHANGE Erie Indemnity Ce, AItornl¥-in-Facl olherw&se aRer Ihe lores and COnditions el insurance coverage Cu~ddifi~.'~ :.'! !~e Policy(ids) ind~caled below issued by Ihe ERIE. However. Ihe CerhhCale Holder will ~ ~Ohhed of any change m me policy periocl, reduclmn m me hm~ls ol handily Or recluchon iff COverages wmcn occur alter this Certilicate is issueO. GENERAL LIABILITY [~ (NO£~DENO{:N~ CONtPACIO~qS EXCESS LIABILITY EMPLOYERS LIABIMTY OTHER Q42-075161-v c/7/91 50:3 ~ 500 CANCELCATION: When an automobile policy ia canceUed, written ne[~ will be marled to the Certd~ale Holder. When any ol the ibovl described policies (olhli* than ANO ~oe~ss OF CE.T~O:~ ,~OEn '~'~,.: City of loanoke Office of ch~ City Clerk 215 Church Avenue, SU, Room 456 <oanot=e, V.L l'~,', [ l July 27, 1990 L. RICHARD PADGE'i'i. JR. August 29, 1990 G. Steven Agee, Esquire Post Office Box 20068 Roanoke, Virginia 24018 Re: Property located at 3804 Melrose Ave., Roanoke, VA My client: Joseph Parrish Your client: Roger C. Willis Dear Steve: As I indicated in my telephone conversation with you on August 28, 1990, I have met with Mark Williams and Kit Kizer of the City of Roanoke, Virginia relative to the issue of the encroachment of the brick building onto Adams Street (as much as 3.65 feet on one end). From my meeting with them, I can relay to you that the language of the ordinance could be amended so that the City of Roanoke would not revoke the permit or easement for as long as the subject building stands, and unless the City needs the area in question for street widening or for utilities. Thus, the City could not revoke the easement at will. Moreover, it is not likely at all that this area would ever be needed for street widening or utilities. Please discuss this letter with your client and then let me know whether he will accept the property with the above described stipulations. Your help and cooperation are very much appreciated. Sincerely yours, L. Richard Padgett, Jr. LRPJr/mJ c: Tammy Parrish p--'M '0 'H '1_4 09 '1£ EWHOH