HomeMy WebLinkAboutCouncil Actions 11-05-90
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(30290)
REGULAR WEEKLY SESSION------ROANOKE CITY COUNCIL
November 5, 1990
2:00 p.m.
AGENDA FOR THE COUNCIL
1.
Call to Order -- Roll Call. Mr. Fitzpatrick was absent.
The invocation will be delivered by The Reverend Troy Webb,
Pastor, Glad Tidings Assembly of God Church.
Present.
The Pledge of Allegiance to the Flag of the Uni ted States
of America will be led by Mayor Noel C. Taylor.
Introduction of special guest. Mr. George C. Snead, Jr.,
Director of Administration and Public Safety.
2.
CONSENT AGENDA (Approved 6-0)
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 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.
C-1 'Jinutes of the organizational meeting held on'Jonday, July
2,1990; the regular meetings held on Monday, July 9,1990, and
Monday, July 23,1990; the special meeting held on Friday,
August 10, 1990; and the regular meeting held on Monday, August
13, 1990.
RECOMMENDED ACTION: Dispense with the reading thereof and
approve as recorded.
C-2
A communication from Mayor Noel C.
Executive Session to discuss personnel
vacancies on various authorities, boards,
mi ttees appointed by Counci I, pursuant to
(1), Code of Virginia (1950), as amended.
Taylor requesting an
matters relating to
commissions and com-
Sect ion 2.1-344 (A)
RECOMMENDED ACTION: Concur in request for Counci I to convene in
Executive Session to discuss personnel mat-
ters relating to vacancies on various
authorities, boards, commissions and com-
mittees appointed by Council, pursuant to
Section 2.1-344 (A) (1), Code of Virginia
(1950), as amended.
( 1 )
C-3 A progress report of the Ci ty Manager wi th regard to han-
dicapped parking spaces in the downtown area.
RECOMMENDED ACTION: Receive and file.
C-4 A report of the Director of Finance with regard to the
Virginia Governmental Finance Officer's Association 1990 Awards
Program.
RECOMMENDED ACTION: Receive and fi Ie.
C-5 A list of items pending from July 10,1978, through October
22, 1990.
RECOMMENDED ACTION: Receive and file.
C-6 Qualification of Messrs. John S. Edwards and Robert D.
Edwards as members of the Roanoke Civic Center Commission for
terms of three years each, ending September 30, 1993.
RECOMMENDED ACTION: Receive and fi Ie.
C-7 Qualification of Mr. Richard L. Meagher as a member of the
Architectural Review Board for a term of four years ending
October 1, 1994.
RECOMMENDED ACTION: Receive and file.
Concurred in a request of Vice-Mayor Musser for an
Executive Session to discuss a personnel matter being the
appointment of a specific public officer, pursuant to Section
2.1-344 (A) (1), Code of Virginia (1950), as amended.
REGULAR AGENDA
3. Hearing of Citizens Upon Public Matters: None.
4. Petitions and Communications:
a. A communication from the Roanoke City School Board recom-
mending appropriation of $124,124.00 for the Drug Free
Schools grant to employ counselors and provide training
workshops and materials for the operation of a community-
wide alcohol and drug prevention program.
Adopted Ordinance No. 30290-110590.
(6-0)
5. Reports of Officers:
a. City Manager:
Br1-efings: None.
( 2)
Items Recommended for Action:
1.
A report
be given
holiday.
recommending that Monday, December 24, 1990,
to City employees as an additional Christmas
Adopted Resolution No. 30291-110590.
(6-0)
The Ci ty Manager was requested to report to Counci I
with regard to whether or not it will be necessary to
schedule a regular meeting of Council during the week
of December 24, 1990.
2. A report with regard to the United States Department of
Health and Human Services Runaway and Homeless Youth
G ra n t .
Adopted Ordinance No. 30292-110590 and Resolution No.
30293-110590. (6-0)
3. A report recommending approval of Community Development
Block Grant loans to four low-moderate income house-
holds to allow for the purchase and rehabilitation of
homes through the Home Purchase Assistance Program.
Adopted Ordinance No. 30294-110590.
(6-0)
4. A report recommending appropriation of $25,891.00 from
the Capital Maintenance and Equipment Replacement
Program to provide funds for the purchase of certain
personal computer equipment, software, fi I ing cabinets
and decals on continuous rolls for the Office of
Commissioner of the Revenue.
Adopted Ordinance No. 30295-110590.
(6-0)
5. A report recommending authorization to execute a
Revocable Entry Permit with the Roanoke Regional
Airport Commission to permit entry upon Airport pro-
perty by City employees in order to facilitate the
proper inspection of the realignment and reconstruction
of Thirlane Road, N. W.
Adopted Ordinance No. 30296-110590.
(6-0)
6.
A report recommend ing
Blue Cross Blue Shield
holiday decorations on
Plaza, for the period
Janua ry 15, 1991.
that permission be granted to
of Virginia to attach or install
certa in Ci ty-owned trees in Key
of November 12, 1990, through
Adopted Resolution No. 30297-110590.
(6-0)
(3)
7. A report concurring in a report of a bid committee
recommending acceptance of the bid submi tted by
Montgomery Tank Lines, to provide for transportat ion of
pickle liquor from Yorkville, Ohio to Roanoke, Virginia
for the period November 1, 1990 to October 31, 1991.
Adopted Resolution No. 30298-110590.
(6-0)
8. A report recommending award of a contract for health
care insurance to Blue Cross Blue Shield of Virginia
for a period of one year beginning January 1, 1991 and
ending December 31, 1991; and award of a contract for
dental insurance to Delta Dental Plan of Virginia for a
period of two years beginning January 1, 1991 and
ending December 31, 1992.
Adopted Resolution No. 30299-110590 and Resolution No.
30300-110590. (6-0)
The matter of providing health care coverage for City
retirees was referred to the Audit Committee and to
1991-92 Budget Study.
6. Reports of Committees:
a. A report of the City Planning Commission recommending that
the name of the plaza in front of the Crestar Bank bui lding
on Jefferson Street be changed from Colonial Plaza to
Crestar Plaza. Mr. Paul C. Buford, Jr., Vice-Chairman.
Adopted Ordinance No. 30301-110590.
(6-0)
b. A report of the committee appointed to tabulate bids
received for asbestos abatement in properties located at
118-124 Campbell Avenue, S. W., recommending that the City
Manager be authorized to reject the contract with Strahle
Construction Company, Inc., inasmuch as the contractor did
not meet requirements for project insurance. Council
Member William White, Sr.. Chairman.
Adopted Resolution No. 30302-110590.
(6-0)
7. Unf in i shed Bus iness: None.
8. Introduction and Consideration of Ordinances and Resolutions:
a. Ordinance No. 30285, on secona reading, authorizing the
consent to the assignment of a Real Estate Option Agreement
for the sale of approximately 28.26 acres of land within
the Roanoke Centre for Industry and Technology to Elizabeth
Arden Company, to Arden Associates L. P., and authorizing
the execution of the requisite documents.
Adopted Ordinance No. 30285-110590.
(6-0)
(4)
9. Motions and Miscellaneous Business:
a. Inquiries and/or comments by the Mayor and Members of City
Counc i I .
b. Vacancies on various authorities, boards, commissions and
committees appointed by Council.
10. Other Hearings of Citizens:
Certification of Executive Session.
(6-0)
persons:
Roanoke Civic Center Commission
Board of Fire Appeals
Board of Adjustments and Appeals,
Building Code
Reappointed the following persons:
Gary E. Pritchard )
Robert K. Bengtson ) City of Roanoke Transportation Safety
Chauncey L. Logan) Commission
Appointed the following
Delvis O. McCadden
Harry F. ColI ins, Jr.-
Harry F. Collins, Jr.-
( 5)
MINUTES CONSIDERED AT THIS COUNCIL MEETING
MAYBE REVIEWED ON LINE IN THE "OFFICIAL MINUTES" FOLDER,
OR AT THE CITY CLERK'S OFFICE
Office of the Mayor
November 5, 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 personnel
matters relating to vacancies on various authorities, boards,
commissions and committees appointed by Council, pursuant to
Section 2.1-344 (a) (1), Code of Virginia (1950), as amended.
S9i:2~~
Noel C. Taylor
Mayor
NCT:se
Room 452 Municipal Building 215 Church Avenue. S. W.. Roanoke, Virginia 24011 (703) 981.2444
Office of the City Clerk
November 7, 19.90
F i I" #3 :i:1 -:,'"
.~, I', r:/. r,. ,:')<. '! p,?;~?e r t
Ci tyManage r
Roanoke, Virginia
Dear Mr. Herbert:
Your status
the do~mtown
at a regular
report ~d th regard to handicapped parking spaces in~
area, was Defore the Council of the Citv of Roanoke
meeting held on Monday, November 5, 1990.
On motion, duly seconded and adopted, the report was received and
filed.
Sincere ly, /J
~ -J r~
"'""-(
Mary F. Parker, CMC/AAE
City Clerk
MFP: ra
pc:
Mr. Sloan H. Hoopes, 2023
Virginia 24015
Mr. George C. Snead, Jr.,
Public Safety
Maiden
Lane,
s.
W'. ,
Roanoke,
Di rector of
Administration and
Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (103) 981.2541
Office of the City Monoger
October 23, 1990
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Dear Mrs. Bowles and Gentlemen:
Re: Handicapped Parking
In November, 1986, the Mayor's Committee for the Disabled was
re-organized to assist with identifying and resolving issues relating to
handicapped access in the City. One of those recently addressed issues
led to the adoption by Council of a $50.00 fine for parking in a space
reserved for handicapped persons. The report to Council on that matter,
dated July 9, 1990, related that the issue of the number and location of
handicapped parking spaces in the downtown area was still under review.
We are pleased to report that subsequent meetings have yielded mutually
agreeable progress in this area.
Representatives of the Mayor's Committee, Sloan Hoopes, George
Sanderson and William Martin, Franklin Kimbrough of Downtown Roanoke,
Incorporated, Karen Michalski of the Center for Independence for the
Disabled, Inc., Robert Bengtson of the Office of the City Engineer, and
Lt. W. L. Althoff of the Police Department's Traffic Bureau, jointly
agreed upon the following items:
A. "$50.00 Fine" language is already being added to all
handicapped parking signs.
B. Five (5) new handicapped parking spaces will be added
downtown:
1. North side of Campbell Avenue, just east of Market Street
2. South side of Campbell Avenue, just east of Market Street
(in front of Books, Strings & Things)
3. North side of Campbell Avenue, just west of Wall Street
4. West side of Wall Street, just north of Campbell Avenue
5. North side of Church Avenue, directly in front of the
Municipal Building.
Although downtown construction has resulted in the loss of a
handicapped space on Salem Avenue, S.E., the above additions create
spaces in the "heart" of the market area and also provide spaces
suitable for those who must exit their vehicle on either the right
or left side.
Room 364 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011
(703)981-2333
The Honorable Mayor and Members
of City Council
Page 2
October 23, 1990
C. Nine (9) new handicapped ramps will be added downtown:
1. Six (6) ramps at the intersection of Jefferson Street and
Elm Avenue
2. One ramp on the northeast corner of Jefferson Street and
Bullitt Avenue
3. One ramp on the west side of Williamson Road across from
Bullitt Avenue
4. One ramp on the north side of Campbell Avenue directly in
front of the City Market Building.
D. An informational brochure summarizing handicapped parking
facilities will be developed through Downtown Roanoke,
Incorporated.
E. Several existing handicapped ramps will be improved to reduce
the height differential between the pavement and the ramp.
Future handicapped ramps will be constructed to be flush with
the pavement.
These improvements are being scheduled for completion prior to the
end of this year. The opportunities for further communications and
improvements in this regard remain open. If Council should have any
questions with respect to this matter, I would be pleased to address
them.
Respectfully submitted,
U,~~
W. Robert Herbert
City Manager
WRH/hw
cc: George C. Snead, Director of Administration and Public Safety
Sloan H. Hoopes, President, Mayor's Committee for the Disabled
Mr. George Sanderson
William C. Martin, National Service Officer, Paralyzed Veterans
of America
Karen B. Michalski, Executive Director, Center for Independence
for the Disabled, Inc.
Franklin D. Kimbrough, Executive Director, Downtown Roanoke,
Incorporated
Robert K. Bengtson, P.E., Traffic Engineer
M. David Hooper, Chief of Police
DEPARTMENT OF FINANCE
CITY OF ROANOKE. VA.
November 5, 1990
TO:
Honorable Mayor and Members of City Council
FROM:
Joel M. Schlanger, Director of Finance
SUBJECT:
Virginia Governmental Finance Officer's Association
(VAGFOA) 1990 Awards Program
I am honored to announce that the City of Roanoke received one
of the eleven 1990 awards presented at the Twenty-Third Annual
Conference of the VAGFOA, at the Sheraton Premiere at Tysons Corner
(Vienna, Virginia) on october 4, 1990.
The Department of Finance submitted the "Automated Meals Tax
System" as an entry under the category of Revenue Enhancement.
The Automated Meals Tax System is a micro-based "Prepared Food
and Beverage Tax" program that became operational August 1, 1987.
This program was developed separate from the Business License
Program to provide the Director of Finance direct responsibility
for the administration of this tax.
The system permits the
administration of the entire program by one staff position. This
position is responsible for the internal maintenance of the data
base, posting payments, field audits, premise visits, collection
calls, and court actions. Our neighboring jurisdictions (County of
Roanoke and City of Salem) elected to use the City of Roanoke I s
system when they implemented their Prepared Food and Beverage Tax.
Deborah Moses, Chief of Billings and Collections was directly
responsible
for
the
development
of
this
system
and
the
implementation of the very successful Prepared Food and Beverage
The Honorable Mayor and
Members of City Council
November 5 , 1990
Page 2
Tax Administration. She accepted the award on behalf of the City
of Roanoke.
Attached is a copy of the Award Certificate and a
br ief descr iption of the eleven award winners.
Ms. Moses will
display the original award certificate in the Billings and
Collections Office.
I am very proud of our Office of Billings and Collections and
it is a pleasure to share this recognition of one of our financial
systems with each of you. This is an informational report and no
action is required by Council.
JMS:s
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FINANCIAL REPORTING,
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Con.olldat.d Financial R.portlng Program
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QUALITY ASSURANCEIINTERNAL CONTROLS,
Prine. William County
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BUDGET PREPARATlONII..PLE..ENTATION.
Loudoun Coullty
N_ Budget P,oo...
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FORECASTING:
City of Norfollc
Flve-'llter Flnenclel PI.n
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RISK MANAGEMENT:
FaIrfax County
ft
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MATERIAL MANAGEMENT AND ACCOUNTABILITY:
Stafford Coun t y
Vondo,'a M.,iu..
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.EIIVICE TO CITIZEN..
FaIrfax County
Monthl, lIe.1 lat.te P.,.ent P,OO'..
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.CHOOL..
Hampton City Seltoot.
p,oJ.oted Fln.nol.1 .t.t....l\t.
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""'" ropotrIncyour p....--.~,-.... often lima -.. ~ ~ _ _ aNI
<<tIMIl till A:..., CM I>> _1-. ~...' To"..",. mGiN ~,au. 0/"'" 1'f1II' Diy:...... MIl k.,
IIN ail of IIN ~,.,.,.1'fJI<<IM ~Jtf"'.." ".., be *........ /"toJ-~-~ ~ ....'-..&I IwJp 10
14mJi/y p<<Dll4JlIIwft /tdb tJrlUlpiula -t In tJw,..,. nil aII-. your ~ to "'"" _ _ ..
- /0 tJw ptO/<<ud CCM4/IiOIL n.... _ lIO ..." In_ /0 tMfY 0III1ItII IJ'OtTOIII, ..d"""",, _ rNliud
/JwutII .... aNI pt'DI"-ft ..1>lf..-.
Pending Items from July 10, 1.978, through October 22, .1990.
Referral Date
7/10/78
2/23/87
6/20/88
1/9/89
8/14/89
8/14/89
12/18/89
Referred To
Ci ty Manager
Regional Cable
Television Committee
Regional Cable
Television Committee
Ci ty Manager
Ci ty Manager
Ci ty Manager
Trade and Convention
Center' Commi t tee
Ci ty At torney
-1-
Item
Recommendation No. 11 con-
tained in the Mayor's 1978
State of the City Message.
(Deve I opmen t 0 f Mi II Moun-
tain - hote!.)
Request of Cox Cable Roanoke
for a renewal of their fran-
chise agreement in order to
simpl ify and clarify langu-
age, make certain additions
and deletions, and extend the
term.
Communication advising of Cox
Cable Roanoke's intent to
seek renewal of the Cable
Television Franchise in the
Ci ty of Roanoke.
Ma t tel" with regard to speed-
ing on Hemlock Road, N. W.
Mayor's 1.989 State of the
City Recommendation No. 10 -
establish linear parks with
flowers, street scenes,
benches and walkways at the
proper' points on both sides
of the railr'oad.
Mayor's 1989 State of the
City Recommendation No. 12 -
consider the conversion of
the former Ra i lway Passeager
Station into a visitor's
center if the property is
made available to the City in
the future.
Commun i ca t i on from Mr. L.
Elwood Norr'is, Chairman,
Board of Zoning Appeals,
requesting an amendment of
Section 62(8), Zoning, of the
Ci ty Charter to p,'ovide that
the terms of members of the
Board of Zoning Appeals shall
be staggered so that no mo,'e
than two member's wi II be e I i-
gible for reappointment at
any given time.
Pending Items from July 10, 1978, through October 22, 1990.
Referral Date
1/8/90
6/25/90
7/9/90
7/9/90
7/23/90
7/23/90
Re fe rred To
City Attorney
Ci ty Manager
Ci ty At torney
Director of Finance
Ci ty Manager
Director of Finance
Ci ty Manager
Ci ty Manager
Ci ty Manager
-2-
Item
Requested to conduct a review
of the City's Zoaing Ordi-
nance to determine if
stronger regulations and
managemen t procedures are in
order for certain zoning mat-
ters.
A communication from Vice-
Mayor Beverly T. Pitzpatrick,
Jr., with regard to potential
benefi ts of a lobbyist to
assist elected officials with
certain projects which are
impor tan t to the economi c
vi ta I ity of the City of
Roanoke.
Ma t tel" with
Plan for
employees.
regard to the Pay
Roanoke Ci ty
Request of Mr. Ted H. Key,
Executive Director, William-
son Road Area Business
Association, Inc., that the
Ci ty fund the ba lance of
$9,494.00 needed to complete
the beautification land-
scape project at Breckinridge
Middle School.
Request to provide a
conclusive report and
mendation with regard
"Employee of the
Program as recommended
Mayor.
more
recom-
to an
Year"
by the
Request to submit a report
and recommendation to Council
in conjunction with the
realignment of Second Street/
Gainsboro Road and Wells
Avenue to provi de for the
buying of power and telephone
I ines along Jefferson Street
in the vicini ty of the
historic sanctuary of Pirst
Baptist Church to be known as
"Old First."
Referral Date
Pending Items from July 10, 1.978, through October 22, .1.9.90.
8/13/90
8/27/90
8/27/90
8/27/90
8/27/90
8/27/90
Referred To
Ci ty Manager
Ci ty Manager
Ci ty Manager
Ci ty Manager
Ci ty At torney
Director of Finance
Ci ty Manager
Ci ty Manage I"
-3-
~em
Petition from managers and
owners of certain retai 1
stores located in Southwest
Plaza requesting the removal
of a traffic sign which pro-
hibits left turns from
Grandin Road Extension onto
Mudl ick Road, S. W. at cer-
tain hours of the day.
A communication from Council
Member David A. Bowers pro-
posing that certain actions
be taken to prepare for a
possible deficit in funding
from the Commonweal th of
Virginia.
Requested to investigate the
feasibility of instituting an
/I Adop t -A-Pr'ogram, /I an arrange-
ment whereby businesses could
fund a specific City program
for a certain period of time.
Request of Habitat for
Humanity in the Roanoke
Valley to be granted a tax-
exempt status on certain lots
located in the Ci ty which are
owned by Habi tat to be used
as sites for constructing
houses for sale to low income
fami lies at cost.
Communication from the South-
western Virginia Building and
Construction Trades Council
expressing concern over the
bidding process to be used
for the e.x:pans i on and renova-
tion of the Hotel Roanoke.
Reques ted to work wi th Cen tel"
In The Square officials with
regard to the posts along
Campbe 11 Avenue for the
canopy as well as posts
located in the vicini ty of
the Roanoke Museum of Fine
Arts and Science Museum.
Pending Items from July 10, 1978, through October 22, 1990.
ReferrQ."----f!.ate
Referred_To
Item
9/17/90
Ci ty Manage I"
Mayor's 1990 State of the
Ci ty Recommendation No.1
cons ider turning the Mi 11
Mountain Star to an appro-
priate color ia recognition
and in honor' of our armed
service personnel in the
Middle East.
Mayor's 1990 State of the
City Recommendation No.3
that the City Manager be
given backing and support as
he establ ishes the Task Force
on Racial Understanding.
Mayor's 1990 State of the
City Recommendation No.5
that City administrators take
ever'Y possible action to
assure the continuation of
the high qual ity of services
provided for the citizens of
Roanoke, as budget adjust-
ments are made at the State
level which may have a
serious impact oa the Roanoke
Ci ty budge t.
Mayor's 1990 State of the
City Recommendation No.6
recommending favorable con-
sideration of the merger of
the Roanoke Ci ty and Roanoke
County governments.
.9/17/90
Ci ty Manager
Remarks of David M. Nance
with regard to the removal of
the traffic sign which prohi-
bi ts left turns from Grandin
Road Extension onto Mudl ick
Road, S. W. , be tween the
weekday hours 0 f 7: 00 a.m.
and 9:00 a.m.
-4-
Pending Items from July 10, 1978, through October 22, 1990.
Referral Date
Referred To
Item
9/17/90
Ci ty Manager
Remarks of Barry L. Marsh,
representing Roanoke Valley
Swimming, Inc., wi th regard
to the construction of an
indoor swimming facility to
be located betweea Fishburn
Park Elementary School and
Madison Middle School.
9/17/90
Mayor
Ci ty Manager
Commun i ca t i on
Mayor Howard
mending the
coalition of
officials
Virginia.
from Vi ce-
E. Musser recom-
formation of a
local government
of southwest
9/17/90
Ci ty Manager
Request to contact the Roa-
noke Valley Veterans Council
with regard to installing
flags on Elm Avenue in front
of Community Hospital.
9/17/90
Ci ty Manager
Petitions in support of
placing a large yellow ribbon
on the Mi II Mountain Star in
recognition of the military
personne I in the Pers i an
Gulf.
9/24/90
Ci ty Manager
Request to report to Council
with regard to parking for
those City employees who work
in the downtown area.
9/24/90
Ci ty Manager
Request of Mr. Melvin Garrett
for funding in the amount of
$75,000.00 to be used for a
program geared toward youth,
to be known as "Reach and
Teach."
-5-
Pending Items from July 10, 1978, through October 22, 1.990.
Reffi!:..ral Date
ReferrerL To
Item
10/8/90
Ci ty Manage I"
Requested to report to Coun-
cil with regard to adoption
of a measure regulating cats
running at large in the Ci ty.
10/22/90
William White, Sr.
William F. Clark
Kit B. Kiser
Bids for painting the ground
and fi rs t floors of the Com-
monwealth Building, located
at 210 West Church Avenue.
10/22/90
1990-91 Budget Study
Remarks of Mr. Edmund A.
Damus, 1920 Deyerle Road,
S. W., with regard to
increasing the annual income
I imi t for persons to be
accorded the elderly and
disabled real estate tax
freeze.
10/22/90
Ci ty Manager
Remarks of Ms.
Mathena, 5127
Street, N. 11'., with
flooding and water
her property.
Prances L.
Victoria
regard to
damage to
-6-
.~
~
Office of the City Clerk
November 7,
199u
Fi Ie #15-192
Mr. John S. Edwards, Chairman
Roanoke Civic Center Commission
3745 Forest Road, S. W.
Roanoke, Virginia 24015
Dear Mr. Ea\l.ards:
This is to advise you that Mr. Robert D. Edwards has qualified as
a member of the Roanoke Civic Center Commission for a term ending
September 30, 1993.
Sincerely, ;')
1 fC0/...
~~7"
Mary F. Parker, CMC/AAE
City Clerk
MFP: ra
pc: Mr. George C. Snead, Jr., Director of' Administration and
Publ ic Safety
Mr. Bob E. Chapman, Manager, Civic Facilities
Room 456 Municipal Building 215 Church Avenue, S,W. Roanoke, Virginia 24011 (703) 981.254~
0-2
Oath or Affirmation of Office
"
State of Virginia, City of Roanoke, to -wit:
I,
Jehn t.:. Edwerds
, 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 a.
.:1 memLcr of the Roanoke Civic Center COMmission for a term ~nrl:i.ng Sel't~l~bt:.l" :;0,
'." '
~_;;" ,.J .
according to the best of m)' ability. So help me God.
Subscribed and sworn to before me, this
~~ -----S? - ~dl ~ _
~~ J;i::t J 0/0
~ . / . . , Deputy Clerk
Office of the City Clerk
~,
Oc t 0 be r J, 1990
Fi Ie #15-192
.\fir. John S. Eawards
363U Winding Way Road, S. W.
Roanoke, Virginia 24015
Dear Mr. Ed~ards:
At the regular meeting of the Council of the City of Roanoke held
on Monday, October 1, 1990, you were reappointed as a member of'
the Roanoke Civic Center Commission for a term ending September
30, 1993.
Enclosed you will find a Certificate of your reelection
Oath or Affirmation of Office which may be administered
Clerk of the Circuit Court of the City of Roanoke, located
third f'Zoor of the Roanoke City Courts Facility, 315
Avenue, S. W.
and an
by the
on the
Church
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 Sect ion 2.1-341.1, Code of
Virginia (1950), as amended, I am enclosing copy of the Freedom
of Information Act.
Sincerely,
l~
f'-..~
Mary F. Parker,
Ci ty Clerk
C\1C/ AAE
MFP: ra
Enc.
pc: Mr. George C. Snead, Jr., Director of Administration and
Public Safety
Mr. Bob E. Chapman, Manager, Civic Facilities
Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541
,J
COMMONWEALTH OF VIRGINIA )
) To -w it:
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 meetiag of Council held on
the fi rst day of October, 1990, JOHN S. EDWARDS was reelected as
a member of the Roanoke Civic Center Commission for a term ending
September 30, 1993.
Given under my hand and the Seal of the City of Roanoke this
third day of October, 1990.
f'... ...........,
City Clerk
1.P~
0-2
Oath or Affirmation of Office
State of Virginia, City of Roanoke, to .wit:
"t
I,
Robert 1). }:Gue.rd8
, 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 a.
E. r;h;;::r.bl~r of th;,.; RO,,:'110ktf: Civic Ce:r:'t.f:'r CCTIllld.(;ei()f~ .Lor J}. t~rm endjrlg S~pLf,'mb-.':.:r 30,
, r(":.....
according to the best of my ability. So help me God.
Subscribed and sworn to before me, this
, Deputy Clerk
Office of the City Clerk
October 3, 1990
Fi Ie #15-192
Mr. Robert D. Edwards
P. O. Box 7607
Roanoke, Virginia 24019
Dear Ur. Edwards:
At the regular meeting of the Council of the City of Roanoke hela
on Monday, October 1, 1990, you were reappointed as a member of
the Roanoke Civic Center Commission f'or a term ending September
3u, 1993.
Enclosed you will find a Certificate of your reelection
Oath or Affirmation of Cffice which may be administered
Clerk of the Ci rcui t Court of the Ci ty of Roanoke, located
third {loor of the Roanoke City Courts Facility, 315
Avenue, S. ~.
and an
by the
on the
Church
Please return one copy of the Oath of' Office to Room 456 in the
\;funicipal Building prior to serving in the capacity to which you
were reE'lected.
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, ~
~"'(f J, . ~
Mary F. Parker, CMC/AAE
City Clerk
MFP: ra
Enc.
pc: Mr. John E. Edwards, Chairman, Roanoke Civic Center
Commission, 3630 l'l'inding Way Road, S. W., RoanOke, Virginia
24015
Mr. George C. Snead, Jr., Director of Administration and
Pub I i c Sa f e t y
Mr. Bob E. Chapman, Manager, Civic Facilities
Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541
~,
COMMONWEALTH 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 first day of October, 1990, ROBERT D. EDWARDS was reelected
as a member of the Roanoke Civic Center Commission for a term
ending September 30, 1993.
Given under my hand and the Seal of the City of Roanoke this
third day of October, 1990.
0-.... "'""0'
City Clerk
-j. p~
Office of the City Clerk
November 7, 1990
Fi Ie #15-249
Mr. W. L. Whitwell, Chairman
Architectural Review Board
1255 Keffield Street, N. ,,,-
Roanoke, Virginia 24U19
Dear Mr. Whitwell:
This is to aavise you that Mr. Richard L. Meagher has qualified
as a member of the Archi tectural Review Board for a term ending
October 1, 1994.
Sincere ly,
-J.P~
-r-----.-~
Mary F. Parker,
City Clerk
CMC/AAE
MFP: ra
pc: ,\18. Evelyn S. Gunter, Secretary, Architectural Review Board
Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541
0-2
Oath or Affirmation of Office
State of Virginia, City of Roanoke, to .wit:
I,
}d;'h',~G l.., :'>,-,)\,~r
, 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 ."
ci J'1L7'b'>r cd:: Z.:~h~ b.r..-_~~,~t:>'~ct'i:r;~" Kevi;,,',,; tk;,.:..!~,l .C0:~' .L U;l.H. ,Jf ':''-nUj' jt."a.rG l'r:din!:':
O':"~'{" 1) '~:~~!;.
-~;~ ~ ~..,..'"' ~,.,,,;,, So 'd, ~ G.d. . I~ ~L.
c9.'k-"" ~~ L99,,)
~:hJ('j; , Deput.y Clerk
Subscribed and sworn to before me, this
Office of the City Clerk
November 7, 199u
File #60-467-236-76
Mr. Joel
Director
Roanoke,
,\I,. Schlanger
of Finance
Virginia
Oea r Mr.
Schlanger:
I am attaching copy of Ordinance No. Ju290-11059(} amending and-
reordaining certain sections of' the 1990-91 Grant Fund
Appropriations, providing for the appropriation of $124,124.(}O,
in connection with the Orug Free Schools grant in order to employ
counselors and provide training workshops and materials for the
operation of a community-wide alcohol and drug prevention
program. Ordinance ."10. 30290-110590 was adopted by the Counci I
of the City of Roanoke at a regular meeting held on \1onda)',
November 5, 1990.
Sincerely,
J.P~
y--..... "'-"-Y
Mary F. Parker,
Ci ty Clerk
CMC/AAE
MFP: ra
Ene.
pc: Mr. W. Robert Herbert, City Manager
.\1r. James M. Turner, Jr., Chairman,
Board, P. O. Box 1689, Salem, Virginia
Dr. Frank P. Tota. Superintendent of
13145, Roanoke, Virginia 24031
Mr. kichard L. Kelley, Executive for
Clerk of the Board, P. O. Box 1310S,
Mr. Barry L. Key, Manager, Office of
Roanoke
24153
Schools,
Ci ty
School
P.
o.
Box
Business Affairs and
Roanoke, Virginia 24031
Management and Budge t
Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541
't~
IH THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 5th Day of November, 1990.
No. 30290-110590.
AN ORDINANCE to amend and reordain certain sections of
the 1990-91 Grant Fund Appropriations, and providing for an
emergency.
WHEREAS, for the usual daily operation of the Municipal
Government of the City of Roanoke, an emergency is declared to
exist.
THEREFORE, BE IT ORDAINED by the Council of the City of
Roanoke that certain sections of the 1990-91 Grant Fund
Appropriations, be, and the same are hereby, amended and
reordained to read as follows, in part:
ADDrODriations
Education
Drug Free Schools 90-91
$22,120,399
(1-9)....................... 124,124
Revenue
Education
Drug Free Schools 90-91
$22,120,399
(10)........................ 124,124
1) Counselors (035-060-6969-6306-0123) $ 54,640
2) Training (035-060-6969-6306-0129) 20,437
3) Social Security (035-060-6969-6306-0201) 5,743
4) Retirement (035-060-6969-6306-0202) 9,155
5) Health Insurance (035-060-6969-6306-0128) 5,440
6) Group Life Ins. (035-060-6969-6306-0205) 585
7) Contracted
Services (035-060-6969-6306-0313) 13,124
8) Instructional
Materials (035-060-6969-6306-0614) 7,000
9) Other Materials (035-060-6969-6306-0615) 8,000
10) Federal Grant
Receipts (035-060-6969-1102) 124,124
BE IT FURTHER ORDAINED that, an emergency existing, this
Ordinance shall be in effect from its passage.
ATTEST:
City Clerk.
DEPARTMENT OF FINANCE
CITY OF ROANOKE, VA.
November 5, 1990
TO: Honorable Mayor and Members of City Council
FROM: Joel M. Schlanger
SUBJECT: School Board Request for the Appropriation of Grant
Funds
I have reviewed the attached request to appropriate
grant funds for the School Board. The Drug Free Schools grant is
funded with 100% federal funds.
I recommend that you concur with this request of the
School Board.
JMS/kp
Attachment
f~1
Roanoke
CitV School Board
James M. Turner. Jr" Chalrmon
Sallye T. Coleman. Vice Chalrmon
MarIlyn C. CUltls
Charles W. Day
ThamasLOrr
AM D. PIncus
Velma B. Self
frank P. Toto. Supe~ntendent
Alchard L Kelley. Clerk of the Board
P.O Box 13105, Roanoke, Virginia 24031 . 703-981-2381
October 17. 1990
The Honorable Noel C. Taylor. Mayor
and Members of Roanoke City Council
Roanoke, VA 24011
Dear Members of Council:
As the result of official action at its meeting of October 16. 1990. the
School Board respectfully requests City Council to appropriate $124,124 for
the Drug Free Schools grant to employ counselors and provide training
workshops and materials for the operation of a community-wide alcohol and
drug prevention program. The program will be reimbursed by federal
funds.
The approval of this request will be appreciated.
~11/~ .
Richard L. Kelley Y
Clerk of the Board and
Executive for Business Affairs
rg
cc: Mr. James M. Turner, Jr.
Dr. Frank P. Tota
Mr. William L. Murray, Jr.
Mr. Kenneth F. Mundy. Jr.
Ar. W. Robert Herbert
r. Wilburn C. Dibling
Mr. Joel M. Schlanger [with accounting details)
.
Excellence in Education
035-060-6969-6306-0123
035-060-6969-6306-0129
035-060-6969-6306-0201
035-060-6969-6306-0202
035-060-6969-6306-0128
035-060-6969-6306-0205
035-060-6969-6306-0313
035-060-6969-6306-0614
035-060-6969-6306-0615
Appropriation Unit Z3V
035-060-6969-1102
ROABOKE CITY SCHOOL BOARD
Roanoke, Virginia
APPROPRIATION REQUEST
Drug Free Schools 90-91
6969
Counselors
Training
Social Security
State Retirement
Health Insurance
Group Life Insurance
Contracted Services
Instructional Materials
Other Materials
$ 54,640.00
20,437.00
5,743.00
9,155.00
5,440.00
585.00
13,124.00
7,000.00
8,000.00
$ 124,124.00
$ 124,124.00
Federal Grant Receipts
The Drug Free Schools Program for 1990-91 will provide counselors, training
workshops and materials for the operation of a community-wide alcohol and drug
prevention program. The program is reimbursed one hundred percent by federal
funds. The program will end September 30, 1991.
October 16, 1990
Office of the City Clerk
November 7, 1990
Fi Ie #184
Mr. W. Robert Herbert
Cl ty Manager
Roanoke, Virginia
Dear \Jr. Herbert:
I am attaching copy of' Resolution No. 30291-110590 establisning
Monday, December 24, 1990, as a City holiday for certain-
employees for this calendar year only. Resolution No.
30291-11059u was adopted by the Council of the City of Roanoke at
a regular meeting held on Monday, November 5, 1990.
Sincerely,
~~.).
r~
Mary F. Parker, CMC/AAE
City Clerk
MFP: ra
Enc.
pc: The Honorable Gordon E. Peters, Ci ty Treasurer
The Honorable Jerome S. Howard, Jr., Commissioner of Revenue
Mr. Joel M. Schlanger, Director of Finance
Mr. Von W. Moody, III, Director of Real Estate Valuation
Mr. Robert H. Bird, Acting Municipal Auditor
Mr. William F. Clark, Director of Public Works
Mr. Kit B. Kiser, Director of Utilities and Operatioll3
Mr. James D. Ritchie, Director of Human Resources
Mr. George C. Snead, Jr., Director of Administration and
Publ ic Safety
Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541
J~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th Day of November, 1990.
No. 30291-110590.
A RESOLUTION establishing Monday, December 24, 1990, as a
City holiday for certain employees for this calendar year only.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. Monday, December 24, 1900, shall be observed as a holi-
day for certain City employees as hereinafter provided.
2. City personnel who are not engaged in performing emer-
gency service or other necessary and essential services for the
City shall be excused from work on Monday, December 24, 1990.
3. With respect to emergency service employees and other
employees performing necessary and essential services who cannot
for reasons of public health, safety or welfare be excused from
work on December 24, 1990, such employees, regardless of whether
they are scheduled to work on December 24, 1990, shall be accorded
equivalent time off according to a schedule to be arranged by the
City Manager.
3. Adherence to this resolution shall cause no disruption
or cessation of the performance of any emergency, essential or
necessary public service rendered or performed by the City.
ATTEST:
City Clerk.
Roanoke, Virginia
November 5, 1990
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
SUBJECT: Additional Holiday of Christmas Eve
I. BACKGROUND
Christmas Holidav recommendation was made by Mayor Noel C.
Taylor on September 17, 1990, in the State of the City
speech that, as an act of appreciation, December 24, 1990,
be given as a Christmas hOliday to allow City personnel to
experience a four day Christmas break from Saturday,
December 22 through Tuesday, December 25.
II. CURRENT SITUATION
A. Paid holidays for City employees scheduled in 1990
total nine.
. New Year's Day
. Martin Luther King Day
. Washington's Birthday
. Memorial Day
. Fourth of July
. Labor Day
. Thanksgiving Day
. Day After Thanksgiving
. Christmas Day
B. Essential services can be maintained should a special
hOliday be granted on December 24, 1990.
III. RECOMMENDATION
A. City personnel who are not engaged in performing
emergency service or other necessary essential services
for the City be excused from work on Monday, December
24, 1990.
Honorable Mayor and City Council
Page 2
B. Emerqency Service employees and other employees
performing necessary and essential services who cannot,
for reasons of pUblic health, safety and welfare, be
excused from work on December 24, 1990, regardless of
whether they are scheduled to work on December 24,
1990, be accorded equivalent time off according to a
schedule to be arranged by the City Manager.
Respectfully submitted,
w.a~ IJ.J.j-
W. Robert Herbert
City Manager
WRH: jb
Office of the City Clerk
November 7, 1990
Fi Ie #132
Mr. W. Robert Herbert
Ci ty Manage r
Roanoke, Virginia
Dear Mr. Herbert:
At the regular meeting of the Council of the City of Roanoke held
on Monday, November 5, 1990, you were requested to report to
Council with regard to whether or not it ..ill be necessary to
Jchedule a regular meetil'g of Counci I auring the week of December
24, 1990.
~erelY'J. p~
~
Mary F. Parker, CMC/AAE
City Clerk
MFP:ra
Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke. Virginia 24011 (703) 981.2541
Office of the City Clerk
November 7, 1990
Fi Ie #236-304
Mr. W. Robert Herbert
Ci ty Manager
Roanoke, Virginia
Dear Mr, Herbert:
I am attaching copy of Resolution No. 30293-11U590 authorizing
acceotance of a certain grant offer, in the amount of $46,856.00;
maae to the Ci ty or' Hoanoke by the Uni ted States Department of
Health and Human Services under the provisions of the Hunaway and
Homeless Youth Act (P.L. 98-473), and authorizing execution of
the City's acceptance of the aforesaid grant offer and the
agreement, on behalf of the City, to comply with the terms and
conditions of the grant and applicaDle laws, regulations, and
requirements of said Depart.lient pertaining thereto. Resolution
No. 30293-110590 was adopted by the Counci I of the Ci ty of
Roanoke at a regular meeting held on Monday, November 5, 1990.
Sincerely,
~
~~J.
Mary F. Parker,
City Clerk
CMC/AAE
'\;JFP: ra
Ene.
pc: Mr. Joel M. Schlanger, Director of Finance
Mr. James D. Ritchie, Director of Human Resources
,\1s. Andrea B. Krochalis, Group Home .\la/lager, Crisis
Intervention Center
Mr. George C. Snead, Jr., Director or Administration and
Public Safety
Mr. Kenneth S. Cronin, Manager, Personnel Management
Ms. Marie T. Pontius, Grants Compliance Coordinator
Mr. Barry L. Key, Manager, Office of Management ana Budget
Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541
r) -i/
v
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th Day of November, 1990.
No. 30293-110590.
A RESOLUTION authorizing the acceptance of a certain grant
offer made to the City of Roanoke by the United States Department
of Health and Human Services under the provisions of the Runaway
and Homeless Youth Act (P.L. 98-473) and authorizing the execu-
tion of the City's acceptance of the aforesaid grant offer
and the agreement, on behalf of the City, to comply with the
terms and conditions of the grant and applicable laws, regula-
tions, and requirements of said Department pertaining thereto.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City of Roanoke hereby accepts the offer made by the
United States Department of Health and Human Services of a cer-
tain grant under the provisions of the Runaway and Homeless Youth
Act (P.L. 98-473) amounting to $46,856.00 in funding to be used
to augment client services to runaway and homeless youth at the
City of Roanoke's Crisis Intervention Center (Sanctuary) as set
out and described in the City's application for said funding made
as Grant No. 03CY0269/01 by said Department.
2. The City Manager, W. Robert Herbert, or the Assistant
City Manager, Earl B. Reynolds, Jr., is hereby authorized to
accept, execute and file on behalf of the City of Roanoke the
proper forms with the United Stated Department of Health and
Human Services for the aforementioned grant.
3. The City Manager is further directed to furnish such
additional information as may be required by the United States
Department of Health and Human Services in connection with the
City's acceptance of the aforementioned grant or with such pro-
ject.
ATTEST:
City Clerk.
Office of the City Clerk
November 7, 1990
Fi Ie #60-236-304
Mr. Joel ~. Schlanger
Director of Finance
Roanoke, Virginia
Dear Mr. Schlanger:
I am attaching copy of Ordinance No. 30292-110590 amending and
reordaining certain sections of the 1990-91 Grant Fund
Appropriations, providing for the appropriation of $46,856.00 of
federal grant funds, in connection with the United States
Department of Health and Human Services Runaway and Homeless
Youth Program Grant. Ordinance No. 30292-110590 was adopted by
the Counci I of the Ci ty of Roanoke at a regular meet ing he ld on
Monday, November 5, 1990.
Sincerely, ~
~~J. ~
Mary F. Parker, CMC/AAE
City Clerk
'.1FP: ra
Enc.
pc: Mr. W. Robert Herbert, City Manager
Mr. James D. Ritchie, Director of Human Resources
Ids. And rea B. Krocha lis, Group Home Manage r, Cr i s i s
Intervention Center
Mr. George C. Snead, Jr., Director of Administration and
Publ ic Safety
Mr. Kenneth S. Cronin, Manager, Personnel Management
~s. '.1arie T. Pontius, Grants Compliance Coordinator
Mr. Barry L. Key, Manager, Office of Management and Budget
Room 456 Municipal Building 215 Church Avenue, S,W. Roanoke, Virginia 24011 (703) 981-2541
r
Df THE COUNCIL OF THE CITY OF ROANOKE, VIRGDfIA
The 5th Day Df November, 1990.
No. 30292-110590.
AN ORDINANCE to amend and reordain certain sections of
the 1990-91 Grant Fund Appropriations, and providing for an
emergency.
WHEREAS, for the usual daily operation of the Municipal
Government of the City of Roanoke, an emergency is declared to
exist.
THEREFORE, BE IT ORDAINED by the Council of the city of
Roanoke that certain sections of the 1990-91 Grant Fund
Appropriations, be, and the same are hereby, amended and
reordained to read as follows, in part:
Aoorooriations
Health and Welfare
Runaway and Homeless Youth Grant (1-4)................
$453,007
46,856
Revenue
Health and Welfare
Runaway and Homeless Youth Grant (5)..................
$453,007
46,856
l) Regular Employee
Salaries (035-054-5127-1002) $36,249
2) FICA (035-054-5127-1120) 9,877
3) Admin. Supplies (035-054-5127-2030) 60
4) Training and
Development (035-054-5127-2044) 670
5) Federal Grant
Receipts (035-035-1234-7088) 46,856
BE IT FURTHER ORDAINED that, an emergency existing, this
Ordinance shall be in effect from its passage.
ATTEST:
City Clerk.
November 5, 1990
Roanoke, Virginia
Honorable Mayor and City Council
Roanoke, Virginia
Members of Council
SUBJECT: UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES RUNAWAY AND HOMELESS
YOUTH GRANT, NUMBER 03CY0269/01
I. BACKGROUND
A. Crisis Intervention Center (Sanctuary) had previously operated with a
waiting list for services. This grant has provided for Outreach
services impacting thirty-one (31) families from January-September
1990. The waiting list has been virtually reduced from as many as
twenty to zero.
B. Presently two full-time staff positions provide outpatient and early
intervention services for diversion from court involvement or
entering into residential and out-of-family placement.
II. CURRENT SITUATION
A. Pro ram Grant Number 03CY0269 01 has been received for a second year
in the amount of 46 856.00 for the City of Roanoke's Crisis
Intervention Center's Outreach Program. Funds are for use September
1, 1990 - August 31, 1991.
B. Total grant project period is for three years (September 1, 1989 -
August 31, 1992).
C. City in-kind contribution of $5,564.00 will be met by applying
management time, clinical supervision, and office space.
D. Program Grant will continued to be utilized as follows:
1. Two staff positions, an Outreach Counselor, Group Home Counselor
II, and a Social Work Aide will be continued.
2. These staff will continue to provide outreach services, including
individual and family counseling, group counseling, structured
recreational educational activities, and referral to existing
services at Sanctuary and elsewhere in the community.
3. This program has completed several accomplishments in 1989-1990
including:
a. weekly parent education/support groups
b. weekly youth education/support groups
c. special art therapy projects including the Norwich Community
Mural on Roanoke Avenue
d. thirty-one families have received services
III. ISSUES
A. Cost.
B. Need for Service.
IV. ALTERNATIVES
A.
Authorize the City Manager
Health and Human Services'
Number 03CY0269 01 and a
to accept the United states department of
Runawa and Homeless Youth Pro ram Grant
ro riate 46 856.00 to Grant Fund.
1. Cost. There would be no cost to the City.
2. Need for Service. The continued acceptance of this grant would
permit improvements in the delivery of services, as well as
continuing to offer services, as well as continuing to offer
services to the number of families which Sanctuary is currently
unable to serve.
8. Do not authorize the City Manager to accept the United States
Department of Health and Human Services' Runaway and Homeless Youth
Program Grant. Number 03CY0269/01.
1. Cost. The City would incur a loss of revenue.
2. Need for Service. Should the grant not be accepted, there would be
loss of positive enhancement and continued stress on the service
delivery system and Sanctuary's personnel. In addition, services
would not be available to local families and out of family
placements would increase.
V. RECOMMENDATION
A. Authorize the City Manager to accept the United States Department of
Health and Human Services' Runaway and Homeless Youth Program Grant,
Number 03CY0269/01.
B. Appropriate $46,856.00 of Federal grant funds to revenue and
expenditure accounts to be established in the Grant Fund by the
Director of Finance.
I R\S~tfullY submitted,
wU~ tJ~U
W. Robert Herbert
City Manager
WRH/JDR/ABK:gr
cc: Joel M. Schlanger, Director of Finance
Wilburn C. Dibling, Jr., City Attorney
James o. Ritchie, Director of Human Resources
Kenneth S. Cronin, Personnel Management
Andrea B. Krochalis, Group Home Manager, Crisis Intervention Center (Sanctuary)
Office of the City Clerk
November 7, 1990
Fi Ie #236-178-2
Mr. W. Robert Herbert
Ci ty Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Ordinance No. 30294-110590 approving the
loan of Community Development Block Grant (CDBG) funds to Edna C.
Whorley, Cloteil Angienett 8mith Jones, Gail D. Kinzer Winfree,
and Brenda A. Mason, in connection with the City's Home Purchase
Assistance Program for property located at 931 Kellogg Avenue,
N. W., 903 Kellogg Avenue, ,1/. W., 913 Kellogg Avenue, N. W., and
1547 Rugby Boulevard, N. W., respectively; authorizing you to
execute documents providing for the assignment of certain options
to said individuals; authorizing you to execute documents
approved as to form by the Ci ty Attorney necessary to implement
and administer the loans, including Construction Disbursement
Agreements; authorizing the City Attorney and Director of Finance
to serve as trustees wi th regard to the related deeds of trust
securing the notes for each of the loans; authorizing you to exe-
cute certificates of satisfaction, upon full payment and satis-
faction of the loans; and authorizing recordation by the City
Attorney of the certificates of satisfaction in the Office of the
Clerk of the Circuit Court for the City of Roanoke. Ordinance
No. 30294-110590 was adopted by the Counci I of the Ci ty of
Roanoke at a regular meeting held on Monday, November 5, 1990.
Sincerely, ()
r---..... A.v.y -3. !./ A..A..l '
Mary F. Parker, CMC/AAE
Ci ty Clerk
MFP: ra
Enc.
pc: Mr. Herbert D. McBride, Executive
Redevelopment and Housing Authority, 2624
N. W., Roanoke, Virginia 24017
Director, Roanoice
Salem Turnpike,
Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541
Mr. W. Robert Herbert
November 7, 1990
Page 2
pc: Ms. Edna C. Whorley, 4322 Old Spanish Trail, Apt. 6, Roanoke,
Virginia 24017
Ms. Gail D. Kinzer Winfree, P. O. Box 11421, Roanoke,
Virginia 24022
Ms. Brenda A. Mason, 721 Staunton Avenue, N. W., Roanoke,
Virginia 24016
Ms. Cloteil A. Smith Jones, 3533 Fernclif{ Avenue, N. W.,
Apt. E60, Roanoke, Virginia 24017
The Honorable Patsy Testerman, Clerk of the Circuit Court
Mr. Wilburn C. Dibling. Jr., City Attorney
Mr. Joel M. Schlanger, Director of Finance
Ms. Deborah J. Moses, Chief of Bi II ings and Collect ions
Mr. William F. Clark, Director of Public Works
Mr. Ronald H. Miller, Building Commissioner/Zoning
Administrator
Mr. H. Daniel Pollock, Housing Development Coordinator
Ms. Marie T. Pontius, Grants Compliance Coordinator
~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th Day of November, 1990.
No. 30294-110590.
AN ORDINANCE approving the loan of Community Development Block
Grant (CDBG) funds to individuals in connection with the City's Home
Purchase Assistance Program, authorizing the City Manager to execute
documents providing for the assignment of certain options to those
individuals, authorizing the City Manager to execute documents
approved as to form by the City Attorney necessary to implement and
administer the loans, including Construction Disbursement Agreements,
authorizing the City Attorney and Director of Finance to serve as
trustees with regard to the related deeds of trust securing the
notes for each of the loans, authorizing the City Manager to execute
certificates of satisfaction upon full payment and satisfaction of
the loans, and authorizing recordation by the City Attorney of the
certificates of satisfaction in the Office of the Clerk of the Circuit
Court for the City of Roanoke; and providing for an emergency.
WHEREAS, Council has previously approved the concept of the Home
Purchase Assistance Program in which the City will provide loans for
purchase, closing costs and additional property rehabilitation from
CDBG funds to low-moderate income households agreeing to buy and re-
pair certain identified substandard housing, contingent upon approval
by the Virginia Housing Development Authority (VHDA) of State rehabili-
tation loans.
WHEREAS, Council has previously authorized the execution of
certain option agreements in connection with the Home Purchase
Assistance Program.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that:
1. The City Manager is hereby authorized to loan CDBG funds in
connection with the City's Home Purchase Assistance Program to the
individuals identified in the City Manager's report dated November
5, 1990, upon the terms and conditions set forth therein.
2. The City Manager is hereby authorized to execute documents,
upon form approved by the City Attorney, providing for the assignment
of certain options to Edna Christine Whorley, Clotiel Angienett Smith
Jones and Gail D. Kinzer Winfree, as set forth in the report of the
City Manager dated November 5, 1990.
3. The City Manager is hereby authorized for and on behalf of
the City to execute documents approved as to form by the City Attorney
necessary to implement and administer the loans, including Construc-
tion Disbursement Agreements, in connection with the Home Purchase
Assistance Program loans to be made to Edna Christine Whorley, which
loan amount shall not exceed $21,000 for the purchase price, closing
costs, attorney fees and rehabilitation of the property at 931 Kellogg
Avenue, N.W., Cloteil Angienett Smith Jones, which loan amount shall
not exceed $21,900, for the purchase price, closing costs, attorney
fees and rehabilitation of the property at ~03 Kellogg Avenue, N.W.,
Gail D. Kinzer Winfree, which loan amount shall not exceed $21,000
for the purchase price, closing costs, attorney fees and rehabilita-
tion of the property at 913 Kellogg Avenue, N.W., and Brenda Augusta
Mason, which loan amount shall not exceed $20,000, for the purchase
price, closing costs, attorney fees and rehabilitation of the
property at 1547 Rugby Boulevard, N.W., all of which is in
accordance with the recommendations contained in the City Manager's
report dated November 5, 1990.
4. To secure payment of the loans of CDBG funds made under the
Home Purchase Assistance Program and performance by the loan recipi-
ents, each recipient shall execute a deed of trust and deed of trust
note, which documents shall be approved as to form by the City
Attorney.
5. Wilburn C. Dibling, Jr., City Attorney, and Joel M.
Schlanger, Director of Finance (hereinafter "Trustees"), are hereby
authorized to serve as Trustees for and on behalf of the City as
beneficiary.
6. Pursuant to S26-49, Code of Virginia (1950), as amended,
City Council reserves the right in its sole discretion for any
reason whatsoever to appoint a substitute trustee or trustees.
7. Upon payment or full satisfaction of the debts secured
by the deeds of trust and delivery of the cancelled deed of trust
notes to the person or persons by whom it was paid, the City Manager
shall be authorized to execute a certificates of satisfaction upon
form prepared by the City Attorney, and the City Attorney shall
be authorized to file such certificates of satisfaction in the
Office of the Clerk of the Circuit Court of the City of Roanoke.
8. In order to provide for the usual daily operation of
the municipal government, an emergency is deemed to exist, and this
ordinance shall be in full force and effect upon its passage.
ATTEST:
City Clerk.
Roanoke, Virginia
November 5, 1990
Honorable Mayor and Members ot:;Councir 1
Roanoke, Virginia
Dear Members of Council:
Subject: Community Development Block Grant Loans under the
Home Purchase Assistance Program
I. Background
A. $220,000 from the Vir inia Housin Partners hi Fund's Sin Ie Famil
Rehabilitation and Energy Conservation Loan Program , and 240,000 in
Community Development Block Grant (CDBG) funds were al10cated to the
Home Purchase Assistance Program (HPAP) by City Council on June 26,
1989, al10wing the City to provide loans to low-moderate income house-
holds agreeing to buy and repair certain identified substandard houses.
The Program is administered jointly by the City and the Roanoke
Redevelopment and Housing Authority (RRHA), as outlined in the City'S
contract for services with the RRHA.
B. Program design is as fol1ows:
J. State Department of Housing and Community Development (DHCD) and
Virginia Housing Development Authority (VHDA) jointly administer the
Single Family Rehabilitation and Energy Conservation Loan Program.
VHDA provides loan approval and servicing for $20,000 maximum reha-
bilitation loan/grants available to qualifying Jow-moderate income
households at 4% interest with 15 year terms.
2. City provides CDBG loans for purchase, closing costs and additional
property rehabilitation (beyond VHDA's $20,000 maximum if needed) at
4% interest with 10 -15 year terms. These loans are approved and
serv iced by the Ci ty .
3. RRHA oversees the rehabilitation repairs to the properties.
11. Current Situation
A. Home Purchase Assistance Program Selection Committee, which is composed
of both RRHA and City staff, recommends approval of loans to four (4)
low-moderate income households to purchase and rehabilitate homes through
the Program, subject to approval of rehabilitation financing from the
State as fol1ows:
J. $15,686 State rehabilitation loan and CDBG loan not to exceed
$21,000 to Edna Christine Whorley for the purchase ($19,000 purchase
price, $500 attorney's fees, and $1,500 closing costs) of 931
Kel10gg Avenue, N. W., Tax Parcel /I 2050214;
r1onorable Mayor and Members of Council
Page Two
November 5, 1990
2. $18,303 State rehabilitation loan and CDBG loan not to exceed
$21,900 to Clotiel Angienett Smith Jones for the purchase ($19,900
purchase price, $500 attorney's fees, and $1,500 closing costs) of
903 Kellogg Avenue, N. W., Tax Parcel II 2050222;
3. $19,756 State rehabilitation loan and CDBG loan not to exceed
$21,000 to Gail D. Kinzer Winfree for the purchase ($19,000 purchase
price, $500 attorney's fees, and $1,500 closing costs) of 913
Kellogg A venue, N. W., Tax Parcel II 2050219;
4. $20,000 State rehabilitation loan and CDBG loan not to exceed
$20,000 to Brenda Augusta Mason for the purchase ($18,000 purchase
price, $500 attorney's fees, and $1,500 closing costs) of 1547 Rugby
Boulevard, N. W., Tax Parcel II 2230313.
B. City holds Real Estate Option Agreements with property owners of:
1. 931 Kellogg Avenue, N. W., Tax Parcel II 2050214 (City Council
approved execution of Option Agreement on June 18, 1990);
2. 903 Kellogg Avenue, N. W., Tax Parcel II 2050222 (City Council
approved execution of Option Agreement on April 2, 1990);
3. 913 Kellogg Avenue, N. W., Tax Parcel If 2050219 (City Council
approved execution of Option Agreement on June 18, 1990.
A purchase agreement exists between Brenda Augusta Mason, purchaser, and
the owner of 1547 Rugby Boulevard, N. W., Tax Parcel If 2230313 subject to
purchaser obtaining financing under the Home Purchase Assistance Program.
C. VHDA has notified the City that the State rehabilitation loans for these
four (4) low-moderate income households have been approved.
D. City Council's approval to assign existing Real Estate Option Agreements
to selected purchasers of 931 Kellogg Avenue, N. W., 903 Kellogg Avenue,
N. W., and 913 Kellogg Avenue, N. W., and City Council's approval to pro-
vide loans of CDBG funds to these four (4) low-moderate income households
is necessary to allow the purchase and rehabilitation of four (4)
currently substandard vacant properties to occur through the Home
Purchase Assistance Program.
111. Issues
A. Cost to the City.
B. Effect on Housing Conditions.
C. Timing.
D. Administration.
Honorable Mayor and Members of Council
Page Three
November 5, 1990
IV. Alternatives
A. A assi nment of Real Estate 0 tion A reement on 931 Kello
A venue, N. W. , and approve CDBG loan not to exceed 21 ,000 to Edna
Christine Whorley for the purchase and rehabilitation of this property;
a rove assi nment of Real Estate 0 tion A reement on 903 Kello Avenue
N. W., and approve CDBG loan not to exceed 21 ,900 to Clotiel Angienett
Smith Jones for the purchase and rehabilitation of this property; approve
assi nment of Real Estate 0 tion A reement on 913 Kello A venue, N. W.
and approve CDBG loan not to exceed 21 ,000 to Gail D. Kinzer Winfree for
the urchase and rehabilitation of this ro ert ; a rove CDBG loan not
to exceed 20 , 000 to Brenda Augusta Mason for the purchase and rehabili-
tation of 1547 Rugby Boulevard, N. W., under the Home Purchase Assistance
Program, and authorize the City Manager to execute documents to be
approved as to form by the City Attorney necessary to assign the Options and
implement and administer the loans, including Construction Disbursement
Agreements. Upon payment or full satisfaction of the debt secured by the
Deed of Trust and delivery of the cancelled Deed of Trust Note to the
person or persons by whom it was paid, the City Manager will execute a
Certificate of Satisfaction upon such a form prepared by the City
Attorney, and the City Attorney shall file such Certificate of
Satisfaction in the Office of the Clerk of the Circuit Court of the City
of Roanoke. Notes evidencing these loans and the Deeds of Trust (naming
Joel M. Schlanger and Wilburn C. Dibling, Jr. as Trustees) securing these
loans to be approved as to form by the City Attorney. (Attachments)
I. Cost to the City will be $83,900 in CDBG loans. Funding is available in
the Grant Fund in account number 035-088-8820-5115. Funds will revolve
back to the City over a fifteen (15) year period with 4% interest. The
City will receive increased tax revenue on the improved properties.
2. Effect on housing conditions will be positive as home-ownership
opportunities will be provided to low-moderate income households
who will rehabilitate and occupy four (4) currently substandard
vacant properties thereby contributing to neighborhood stabilization
and rejuvenation. Three (3) of these properties are clustered within
a single block of Kellogg Avenue, N. W., providing a significant
positive impact to this neighborhood.
3. Timing is such that immediate Council approval of the CDBG loans
will allow closing to be held as provided in agreements between the
sellers and purchasers of these properties. Delay in approving these
loans may cause termination of agreements between buyers and sellers.
4. Administration of the rehabilitation will be overseen by RRHA, as
provided for in the City's contract for services. Servicing of the
City's loans will be handled by City's Office of Billings and
Collections.
rlonorable Mayor and Members of Council
Page Four
November 5, 1990
B. Do not approve CDBG loans.
I. Cost to the City can be recognized as lost opportunity cost, as four
(4) vacant, deteriorating properties will probably not be rehabili-
tated and occupied by home-owners. The City will not receive
increased tax revenue from the improved properties, and the tax
base of nearby properties is likely to suffer as well.
2. Effect on housing conditions will be negative as four (4) vacant,
substandard properties probably will continue to deteriorate to the
detriment of surrounding properties and neighborhoods. Further,
four (4) home-ownership opportunities for low-moderate income house-
holds will be lost.
3. Timing would require prompt notification to both the low-moderate
Income purchasers and the sellers that the sales cannot close.
4. Administration would not be an issue.
V. Recommendation:
Adopt Alternative A, thereby approving assignment of Real Estate Option
Agreement on 931 Kellogg Avenue, N. W., and approving CDBG loan not to exceed
$21,000 to Edna Christine Whorley for the purchase and rehabilitation of this
property; approving assignment of Real Estate Option Agreement on 903 Kellogg
Avenue, N. W., and approving CDBG loan not to exceed $21,900 to Clotiel
Angienett Smith Jones for the purchase and rehabilitation of this property;
approving assignment of Real Estate Option Agreement on 913 Kellogg Avenue,
N. W., and approving CDBG loan not to exceed $21,000 to Gail D. Kinzer
Winfree for the purchase and rehabilitation of this property; approving CDBG
loan not to exceed $20,000 to Brenda Augusta Mason for the purchase and reha-
bilitation of 1547 Rugby Boulevard, N. W., under the Home Purchase Assistance
Program, and authorize the City Manager to execute documents to be approved
as to form by the City Attorney necessary to assign the Options and implement
and administer the loans, including Construction Disbursement Agreements.
Upon payment or full satisfaction of the debt secured by the Deed of Trust
and delivery of the cancelled Deed of Trust Note to the person or persons by
whom it was paid, the City Manager will execute a Certificate of Satisfaction
upon such a form prepared by the City Attorney, and the City Attorney shall
file such Certificate of Satisfaction in the Office of the Clerk of the
Circuit Court of the City of Roanoke. Notes evidencing these loans and the
Deeds of Trust (naming Joel M. Schlanger and Wilburn C. Dibling, Jr. as
Trustees) securing these loans to be approved as to form by the City
Attorney. (Attachments)
Respectfully submitted,
LJ .Cl.of,.t 4J.j-
W. Robert Herbert
City Manager
Honorable Mayor and Members of Council
Page Five
November 5, 1990
BC:vs(CR.44.1, 44.2, 44.3)
Attachments
cc: City Attorney
Director of Finance
Director of Public Works
Building Commissioner
Housing Development Coordinator
Grants Monitoring Administrator
Chief, Office of Billings and Collections
Director, RRHA
. ~'. '" "....~,
CITY OF ROANOKE, VIRGINIA
DEED OF TRUST NOTE
Roanoke, Virginia
, 19
s
FOR VALUE RECEIVED, the undersigned
pay to the order of the City of Roanoke, Virginia
principal sum of
jointly and severaHy promise to
(the "Note holder" ), the
DoHars (S ) ,
with interest on the unpaid principal balance from the first day of the second
month foHowing the month in which closing occurs, until paid, at the rate of
four percent (4%) per annum. The principal and interest shaH be payable at the
principal office of the City of Roanoke, Department of Billings and CoHections,
or such other place as the Noteholder may designate in writing, in consecutive
monthly installments of
Dollars (S ) each, on the first day of each month beginning
19_, and continuing on the like day of each successive month thereafter until
the entire indebtedness evidenced hereby is fuHy paid, except that any
remaining, if not sooner paid, shall be due and payable on the 1st day of
, 19
All payments received by the Noteholder on account of this Note shaH
be first applied to accrued interest and the residue to reduction of principal.
The undersigned shall pay to the Noteholder a late charge of five
percent (5%) of any instaHment not received by the Noteholder within fifteen
(15) days of its due date.
If there is a breach of any of the covenants contained in the Deed of
Trust to Joel M. Schlanger and Wilburn C. Dibling, Jr., Trustees, of even date
herewith and recorded in the Clerk's Office of the Circuit Court for the City of
Roanoke, which said Deed of Trust secures the debt hereby evidenced, or in the
event that any monthly installment due under this Note is not paid when due and
remains unpaid for a period of fifteen (15) days after written notice is sent,
stating that any of the parties hereto shall be in default, then the entire
principal amount outstanding hereunder and accrued interest thereon shaH, at
the option of the Noteholder, immediately become due and payable for all pur-
poses whatsoever, and its collection may be enforced by any remedy in law or in
equity. Failure to exercise such option upon default shall not constitute
waiver of the right to exercise such option upon any subsequent default.
The time of payment of all or any part of the debt hereby evidenced may
be extended or renewed from time to time by the Noteholder, and no such extension
or renewal shaH in any way waive or release the liability of anyone in any way
liable for the payment hereof.
The right is reserved to prepay this Note, in whole or in part, on any
instaHment due date. At the option of the Noteholder, prepayments shaH be
applied to reduction of the indebtedness in the inverse order of maturity of the
installments provided for herein.
The loan evidenced by this Note is being made to finance purchase and/or
improvement of certain property pursuant to the Home Purchase Assistance
Program. This Note and the instrument securing the same may be sold, assigned,
transferred by the Noteholder.
Page I of 2
The undersigned makers, and any and all endorsers, sureties, guarantors
and assumers hereof (each a "Party" and collectively the "Parties" hereto),
hereby jointly and severally waive presentment, demand, protest, notices of
dishonor and of protest, the benefits of homestead, and all other waivable
exemptions, and all defenses and pleas on the ground of any extension(s) or
renewals of the time of payment or of the due dates of this Note, in whole or in
part, before or after maturity, with or without notice, it being further agreed
by all the makers that they, or each of them, will pay any collection expense,
court costs, and reasonable attorneys' fees which may be incurred in the collec-
tion or enforcement of this Note or any part hereof.
This Note is secured by a Deed of Trust of even date herewith conveying
real property and other security, which real property is briefly described as
loca ted in the Ci ty
of Roanoke, Virginia and more fully described in said Deed of Trust, in which
Trustees are Wilburn C. Dibling Jr., and Joel M. Schlanger.
WITNESS the following signatures and seal.
(SEAL)
(SEAL)
(address)
COMMONWEAL TH OF VIRGINJA
) To-wit:
CITY OF ROANOKE )
I hereby certify that the foregoing Deed of Trust Note
was acknowledged before me by
, this
day of
, 1990.
My Commission expires:
Notary Public
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE
This is to certify
Deed of Trust dated
Roanoke, Virginia.
that this IS the Note described in and secured by
, 19_, on the Property located in
Notary Public
My commission expires:
Date:
Page 2 of 2
DEED OF TRUST
CITY OF ROANOKE, VIRGINIA
THIS DEED OF TRUST made as of the day of ,19_
by and between
(herein referred to as "Grantor") and Wilburn C. DibJing, Jr., of the City of
Roanoke, Virginia, and Joel M. Schlanger, of the County of Roanoke, Virginia
(herein referred to as "Trustees"), either of whom may act; and the City of
Roanoke, Virginia (herein referred to as the "City") legal holder of the hereinafter
described note,
RECIT ALS
The parties hereto aknowledge that the Grantor has executed a
deed of trust note of even date (the "Note") payable to the City in the amount of
Dollars
($ ) and maturing on , 19_ and evidencing a loan for the
purchase and/or rehabilitation of a single family residence intended for occupancy
by persons and families of low and moderate income. The Grantor desires to secure
to the City the payment of certain indebtednesses of the Grantor to the City and
the performance of certain covenants made by the Grantor to the City.
NOW THEREFORE, WITNESSETH: That for and in consideration of the provi-
sions of this Deed of Trust (herein referred to as "Deed") and of $1.00 cash in
hand paid and other valuable consideration, the receipt and sufficiency of which
is hereby acknowledged, the Grantor does hereby grant and convey unto the
Trustees, with General Warranty of title, the real property described with par-
ticularity in Exhibit A, which is attached hereto, together with all buildings,
improvements, and fixtures now or hereafter erected thereon, including without
limitation aU apparatus, equipment, fixtures or articles, used to supply heat,
gas, air conditioning, water, light, power, refrigeration, ventilation, or other
services, and aU items of personal property and any other thing now or hereafter
therein or thereon used in connection with the real property including without
limitation screens, window shades, storm doors and windows, affixed floor
coverings, screen doors, venetian blinds, awnings, stoves and water heaters (aU
of which are declared to be a part of said real property whether physicaUy
attached thereto or not); and also together wIth all rights, privileges, appur-
tenances, easements belonging or in any way appertaining thereto or otherwise
relating to the real property, as well as any unearned hazard insurance premium
with respect to such real property, all of which are hereby pledged, assigned,
transferred and set over unto the Trustees, whether now due or hereafter to become
due (all of such real property herein referred to as "Property")
IN TRUST, to secure to the City the performance and payment by
the Grantor of the indebtednesses evidenced by a deed of trust note dated
,19 made by
in the principal amount of
($ ) to the order of the City of Roanoke, Virginia (hereinafter referred to
as "Secured Indebtedness") which Secured Indebtedness is due and payable on order
of the City, and also to secure the due and punctual performance by Grantor of each
and every covenant and agreement (hereinafter referred to as the "Secured Covenants")
of the Grantor to and witFi the City concerning or relating to the Property.
THIS DEED OF TRUST, except to the extent inconsistent with the specific
and express provisions contained herein, shall in all other respects be read and
construed with, and to such extent be deemed to incorporate by reference, the pro-
visions of Section 55-59, Code of Virginia (1950), as in force and effect on the
date of aknowledgement hereof, and shall include in short form provided in Section
55-60 of said Code the following provisions:
Exemptions waived
Subject to all upon default
Renewals and extensions permitted
Insurance required dollars
Substi tution of Trustee permitted
Any Trustee may act.
The parties hereto aknowledge that the Grantor has executed a
deed of trust note of even date (the "Note") payable to the City in the amount of
Dollars
(S ) and maturing on , 19_ and evidencing a loan for the
purchase and/or rehabilitation of a single family residence intended for occupancy
by persons and families of low and moderate income. The Grantor desires to secure
to the City the payment of certain indebtednesses of the Grantor to the City and
the performance of certain covenants made by the Grantor to the City.
SECURED COVENANTS
The parties hereto do further covenant and agree as follows:
I. Title, Payment and Performance. Grantor hereby covenants that Grantor IS
lawfully seized of an indefeasible estate in the Property in fee simple and has the
right to convey it; that Grantor will execute such further assurances of title as
may be requisite; that Grantor will pay punctually and promptly all of the said
indebtedness; and that no purchaser hereunder shall be required to look to the
application of the purchase money.
2. Maintenance of the Property. (I) Grantor shall promptly repair, restore or
rebuild any part of the Property that may become damaged or destroyed while subject
to the lien of this Deed; (Ii) Grantor shall not commit or suffer waste of the
Property; (Iii) Grantor shall not commit or suffer to be done or exist on or about
the Property any condition whereby the Property shall become less valuable; (Iv)
without prior permission, Grantor shall not remove or demolish any part of the
Property; (v) Grantor shall comply with all applicable laws, ordinances, regula-
tion, covenants, conditions and restrictions affecting the Property, and not suffer
or permit any violations thereof.
3. Rents and Profits. Grantor hereby transfers, sets over and assigns to the
Ci ty all rents and profits of the Property from time to time accruing, whether under
leases or tenancies now existing or hereafter created, providing that the Grantor
reserves the right to receive and retain such rents and profits so long as the
Grantor is not in default hereunder.
II. Expenses Incurred in Collection of Secured Indebtedness. Grantor agrees to
pay all expenses incurred in the collection of the indebtedness hereby secured,
including reasonable attorney's fees or a reasonable fee for the services rendered
by the City'S Attorney in enforcing any right of the City in the collection of the
indebtedness hereby secured.
Page 2
5. Condemnation Under Eminent Domain, Judl1:ements, Awards of Damal1:es,
Settlements, and Compensation. If the Property, or any part thereof, be
condemned under the power of eminent domain, the proceeds and consideration for such
acquisition to the extent of the full amount then secured by this Deed of Trust, are
hereby assigned by Grantor to the City of Roanoke and shall be paid forthwith and
directly to the City of Roanoke to be applied on account of the then full amount of
the indebtedness hereby secured. Grantor further transfers, sets over and assigns to
the City all judgements, awards of damages, settlements and compensation made in con-
nection with or in lieu of (i) any damage to or destruction of the Property by
casualty, and (ii) any other injury or damages to the Property. The City is
authorized and empowered (but not required) to collect and receive any such sums
and is authorized to apply them in whole or in part to the reduction of the Secured
Indebtednesses and/or to the performance of the Secured Covenants.
6. Default in Payment of Indebtedness. Grantor agrees that if default be made
in the payment of the indebtedness or covenants hereby secured, the Trustees (i) may
take possession of the real estate, or any part hereof, and lease in the name of and
for the account of Grantor, or in the name of and for the account of its then owner;
or (ii) may give notice of such default to the lessee of the Property in the event it
shall have been leased by the Grantor, and thereafter collect the rents from the
lessee. In either of such events, the Trustees shall deduct from such rents all
costs of collection and administration and apply the net proceeds to the Secured
Indebdtedness. The Trustees are hereby empowered to bring in their names, or each of
them, or in the name of the owner of the Property, any suitor action they may deem
advisable for the enforcement of the provisions of this clause to the same extent as
if the Trustees were then lessor of the Property, but the Trustees shall be in no way
personally liable under any of the provisions of such lease or of this clause, and
shall not be personally liable to any person by virtue of their possession of the
Property or by virtue of their acting under any provision of this clause, except to
the extent of accounting for rents actually received by them hereunder. The rights
and remedies given under this clause are in addition to and not in lieu of those
given by law or by other clauses of this deed, and may be exercised without pred-
judice to such other rights and remedies.
7. Default and Payment of Taxes or Assessments. Grantor further agrees that in
the event of default, or in the payment of any taxes or assessments, the City of
Roanoke may pay same, and all sums so advanced shall immediately attach as a lien
hereunder, and be payable on demand. Upon failure or inability faithfully and fully
to keep and perform any of the other conditions or covenants herein provided, then
upon any and every such default so made as aforesaid, it is expressly covenanted and
agreed by Grantor that the City of Roanoke may, after thirty days default, treat the
whole principal debt and interest thereon hereby secured as thereupon immediately
due and payable, and shall, in order to recover said principal debt or sumand
interest, have the right then or thereafter at any time to sue thereon at law or in
equi ty, or to enforce payment thereof by means of any remedies or provisions in
this instrument contained, and these rights shall exist notwithstanding that, by
the terms of the note or notes hereby secured, they may not on their face be due.
8. Advertisement For Sale. In the event of default occurring as described in
the preceding paragraph, then the Trustees, their successors or assigns, on being
requested to do so by the City of Roanoke, shall sell for cash the Property, after
first advertising the time, place and terms of sale once a week for two weeks in some
newspaper published in, or having a general circulation in, the county, city or town
wherein the Property lies, or by any method of advertisement that the Trustees may
deem advisable.
Page 3
9. Entry and Receivership. In the event of any default hereunder and irrespec-
tive of whether the City accelerates the maturity of all indebtednesses secured
hereby, the City may exercise the rights and remedies provided herein. In addition,
in the event of such default, the City, upon the City's written demand to the
Trustees, or the Trustees, without notice, may enter upon and take possession of the
Property or any part thereof, and perform personally or by their agents any acts
which the City or the Trustees deem necessary or proper to operate, manage and con-
serve the Property and/or have a receiver appointed.
10. Postponement or Continuance of Sale. If at the time of the sale the said
Trustees, or the one acting, shall deem it best for any reason to postpone or con-
tinue said sale for one or more days, they or he may do so, in which event, notice of
such postponement or continuance shall be made in such manner as the Trustees, or the
one acting, may deem sufficient. It is further agreed that if the said property
shall be advertised for sale as herein provided and not sold, the Trustees, or the
one acting, shall be entitled to one-half the commission by law provided, to be com-
puted on the amount of the principal then unpaid.
'I I. Written or Oral Representations of Default. Grantor further covenants that
the Trustees may rely upon the written or oral representations of the City of Roanoke
that this Deed of Trust is in default, and all action taken pursuant to notice of
default and request for foreclosure shall be binding upon Grantor, the Trustees and
those claiming through or under them.
12. Quiet Use, Possession and Management. Until default in the payment of the
indebtedness hereby secured, or the breach of one or more of the covenants of the
note(s) evidencing the said indebtedness, or of this Deed of Trust, or the happening
of any event which would constitute a default under the terms hereof, Grantor shall
remain in quiet use, possession and management of the Property, and in enjoyment of
the income, revenue and profits therefrom, subject to the terms of this Deed.
13. Heirs, Executors, Administrators, Successors and Assigns. The covenants
contained herein shall bind, and the benefits and advantages shall inure to, the
respective heirs, executors, administrators, successors and assigns of the parties
hereto. Whenever used, the singular number or noun shall include the plural and the
plural the singular.
14. Sales and Transfers Prohibited. During the period that the Note, is
secured by this Deed, the Grantor will not, without the prior written consent of
the City, sell, assign, conveyor transfer, nor suffer or permit any sale, assign-
ment, conveyance or transfer of all or any part of any interest in the Property or
any other security hereunder. Any permitted sale, conveyance or transfer shall be
on terms and conditions as the City shall prescribe. If all or any part of the
Property or interest therein is sold, transferred or leased by the Grantor, or he
contracts to sell, transfer or lease the same, without the prior written consent of
the City of Roanoke, the City, at its option, may declare all sums hereby secured
to be immediately due and payable. No sale of the Property, forebearances on the
part of the City or extension of time for the payment of the Secured Indebtednesses
given by the City shall operate to release, discharge, modify, change or affect the
original liability of the Grantor herein either in whole or in part.
Page 4
15. Insurance. Grantor shall maintain property and casualty insurance for the
full replacement cost of the, Property, and to maintain policies of insurance against
other such hazards, casualties and contingencies as the City may require, with all
such policies to be in form satisfactory to, and in insurance companies approved by,
the City. The proceeds of any such insurance shall be applied to the full repayment
of the Secured Indebtednesses. Such policy or policies shall, at the option of the
City, be directed to and held by the City without liability.
16. Rights of City to Remedy Defaults. (a) If the Grantor defaults in payment
of any sums or in the performance of any act required to be paid or performed by the
Grantor under the provisions of any of the covenants herein, the City may, at its
option, make payment thereof or perform any act required of the Grantor, to such
extent and in any form or manner deemed expedient by the City, and pay any other
sums, expenses, and charges including attorneys' fees which the City deems necessary
and appropriate therefor. The City shall be the sole judge of the validity, priority
and amount of any such claim so paid by it and the necessity for the performance by
the City of any such act which the Grantor was required but failed to perform. The
City at its option, shall be subrogated to any encumbrance, lien, claim or demand
which it has paid under the provisions hereof and any such subrogation rights shall
be adaitional and cumulative security to those set forth in this Deed and as provided
by law. (b) Upon the payment of any sums or performance of any act which the Grantor
fails to payor to perform, the amount so paid or the cost of performing any such
act, together with other sums paid or incurred by the City (including charges, expen-
ses and attorneys' fees deemed necessary or appropriate by the City to effect such
payment or to perform such act) immediately and without demand, shall be paid by the
Grantor to the City. The foregoing amounts shall be secured hereby.
17. Rehabilitation. (a) The Grantor agrees that it will comply with the provi-
sions of all applicable federal, state and local laws prohibiting
discrimination in housing and that the Grantor, to the extent it has
employees, and all of Grantor's contractors and subcontractors engaged
in the construction, rehabili ta tion, or management of the Property,
shall provide an equal opportunity for employment without unlawful
discrimination. (b) The provisions of this paragraph shall apply
during the period when the Secured Indebtedness is secured by this
Deed.
(i) a. The Grantor shall commence and proceed with the rehabilitation
with all practical dispatch, and in an economical, efficient and
good and workmanlike manner, in compliance with the Plans and in
accordance with the provisions hereof and with all applicable
laws.
b. The Grantor shall commence and proceed with the provIsion or
the performance of the labor, services or materials necessary to
install, construct or complete those improvements in accordance
with the work write-up or the plans and specifications for the
Property which were submitted to and approved by the City (such
write-up or plans and specifications are referred to herein as
the "Plans"). The Plans are incorporated herein by reference.
Page 5
c. In the event that any proceeding or authorization is required
by any applicable law or regulations either to enable the Grantor
to execute, deliver or perform its duties hereunder or to undertake
and complete the Rehabilitation, the Grantor will take all steps
necessary including the payment of license and permit fees, to
secure such approval, or to comply with such law or regulation.
d. The Grantor shall not permit any changes to the Plans without
the approval of the City. Any desired changes must be approved by
a change order signed by the Grantor and the Building Commissioner
or the Assistant Building Commissioner for the City of Roanoke.
(ii) It is agreed that the Grantor shall execute a Construction
Disbursement Agreement and that the method of payment to Grantor of
amounts disbursed in escrow pursuant to that Construction Disbursement
Agreement this day and evidenced by the Note shall be governed by the
terms and provisions of the Construction Disbursement Agreement dated
, 19_, and incorporated herein by reference.
(iiila. The Grantor understands that the City is subject to the
requirements of the Virginia Housing Partnership Revolving Fund
Guidelines as amended from time to time (referred to herein as
the "Fund Guidelines"). The Grantor hereby covenants and agrees
to comply with the Fund Guidelines and agrees not to act or fail
to act in any way which would cause the City to be in non-
compliance with any of the Fund Guidelines.
b. Without in any way limiting the foregoing, and without the
prior written consent of the City, the Grantor shall not rent to,
or otherwise allow occupancy of the Property by, any person or
family other than the the Grantor and his family (who, shall at
the time of execution of this Deed, have an annual gross income
less than or equal to 80% of the median family income as deter-
mined by the Virginia Housing Partnership Revolving Fund for the
applicable market area), for a period to expire eight years from
the date hereon, and after this eight year period the Grantor
shall not rent to, or otherwise allow occupancy of the Property
by, any person or family who. shall at the time of occupancy,
have an annual gross income greater than 80% of the median family
income as then determined by the Virginia Housing Partnership
Revolving Fund for the applicable market area. The Grantor
shall examine and determine the income and eligibility of any
person or family who is to rent or occupy the Property and shall
report such determination to the Virginia Department of Housing
and Community Development, or its assigns, in such form as it
shall require. Such examination and determination shall be made,
and such report shall be submitted to the City for approval prior
to initial occupancy of the Property by such person or family.
The Grantor will not permit the use of the Property except as a
single family residence wi thout the prior approval of the City.
Page 6
18.
Deed of
Building
Approvals and Authorizations. All approvals and authorizations under this
Trust shall be in writing from the Building Commissioner or the Assistant
Commissioner for the City of Roanoke.
19. Events of Default. Anyone or more of the following events shall consti-
tute a default under this Deed:
(a) Default in the payment of any portion of the Secured Indebtedness
or any installment thereof, whether principal, interest, when and as the
same shall become due and payable, whether at maturity or by acceleration
or otherwise; or
(b) Default in the due performance or observance of any Secured Covenant;
or
(d Misrepresentation or omiSSion by the Grantor of any material fact
in the Application, any supplements or amendments thereto or in or with
respect to any document or information furnished pursuant thereto.
(d) If the Grantor shall be involved in financial difficulties as eviden-
ced: 0) by an admission in writing of its inability to pay its debts
generally as they become due; Oi) by filing a petition in bankruptcy or
for the adoption of an arrangement under the National Bankruptcy Act (as
now or in the future amended) or an admission seeking the relief therein
provided; Oii) by making an assignment for the benefit of creditors;
(iv) by consenting to the appointment of a receiver or trustee for all or a
substantial part of its assets or to the filing of a petition against it
under said' Bankruptcy Act; (v) by being adjudicated a bankrupt; (vi) by
the entry of a court order appointing a receiver or trustee for all or a
substantial part of the assets of Grantor or approving as filed in good
faith a petition filed against it under said Bankruptcy Act; (vii) by the
assumption of custody or sequestration by a court of competent jurisdiction
of all or substantially all of the assets of the Grantor; (viii) by an
attachment for an amount in excess of $5,000 on any substantial part of the
assets of the Grantor which shall not be discharged within thirty (0) days
from the making thereof; Ox) by a judgement or decree for the payment of
money in excess of $5,000 being entered against the Grantor, or if an
attachment, execution or levy is made upon any of its assets and the judge-
ment, execution or levy, as the case may be, is not discharged or stayed
wi thin thirty (0) days from the date of the judgment, attachment, execu-
tion or levy as the case any be; or (x) by default under any deed of trust
recorded prior to this Deed.
20. Delay. No delay by the City or the Trustees in exerCISIng any right or
remedy hereunder or otherwise afforded by law shall operate as a waiver thereof or
preclude the exercise thereof during the continuance of any default hereunder.
21. Remedies Cumulative. No remedy herein contained or conferred upon the City
or the Trustees is intended to be exclusive of any other remedy or remedies afforded
by law or by the terms hereof to the City or the Trustees, but each and every such
remedy shall be cumulative and shall be in addition to every other remedy given
hereunder or now or hereafter existing at law or in equity.
Page 7
22. Headings. The headings herein are inserted for convenience of reference
and in no way define, limit or describe the scope or intent of this Deed, or of any
particular provision thereof, or the proper construction thereof.
23. Entire Agreement. This writing, and aU documents referred to herein,
constitute the entire agreement. No modification of this writing shaU be made
without written consent of the Grantor and the City.
Upon the payment of aU Secured Indebtednesses and upon the performance of aU
Secured Covenants, the Grantor covenants to pay the expenses of releasing this Deed.
WITNESS the foUowing signatures and seals.
(SEAL)
(SEAL)
STATE OF VIRGINIA
CITY OF ROANOKE, to wit:
day of
The foregoing instrument was acknowledged before me this
19 by
NOTARY PUBLIC
My commission expires:
Page 8
EXHIBIT A
Property Description
Page 9
Office of the City Clerk
November 7, 1990
Fi Ie #60-106-472
Mr. Joel M. Schlanger
uirector of Finance
Roanoke, Virginia
Dear Mr. Schlanger:
I am attaching copy of <:.rdinance No. 30295-110590 amending and
reordaining certain sections of the 1990-91 General FUllct
Appropriations, providing for the transfer of $25,iS91.UO from
the Capital Maintenance and Equipment Replacement Program, in
connection with the purchase or certain personal computer equip-
ment, software, filing cabinets and decals on continuous rolls
to be used by the Cffice of Commissioner of the Revenue.
Ordinance No. 3V295-110590 was tJdopted by the Counci I or the
City of RoanOKe at a regular meeting held on Monday, November 5,
1990.
Sincerely, ()
~ -J. r~
~
Mary F. Parker, CMC/AAE
City Clerk
MFP: ra
Ene.
pc: The Honorable Jerome S. fioward, Jr., Commissioner of the
Re ve nue
The Honorable Gordon E. Peters, City Treasurer
Mr. W. Robert Herbert, City Manager
,'<Jr. George C. Snead, Jr., Director of Administration and
Public Safety
^"r. Archie W. harrington, Manager, City Information Systems
Wr. Barry L. Key, Manager, Ot'fice or Management and Budget
Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.254~
't
Ilf THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 5th Day of November, 1990.
No. 30295-110590.
AN ORDINANCE to amend and reordain certain sections of
the 1990-91 General Fund Appropriations, and providing for an
emergency.
WHEREAS, for the usual daily operation of the Municipal
Government of the City of Roanoke, an emergency is declared to
exist.
THEREFORE, BE IT ORDAINED by the Council of the City of
Roanoke that certain sections of the 1990-91 General Fund
Appropriations, be, and the same are hereby, amended and
reordained to read as follows, in part:
Aoorooriations
General Government
Commissioner of Revenue (1-2).....................
$2,6l4,336
757,563
Fund Balance
Capital Maintenance and Equipment Replacement
Program - City Unappropriated (3)................ $2,037,703
1) Admin. Supplies
2) Furniture and
Equipment
3) CMERP - City
(001-022-1233-2030)
(001-022-1233-9005)
(001-3323)
$ 5,000
20,891
(25,891)
BE IT FURTHER ORDAINED that, an emergency existing, this
Ordinance shall be in effect from its passage.
ATTEST:
City Clerk.
Roanoke, Virginia
November 5, 1990
HONORABLE MAYOR AND CITY COUNCIL
Roanoke, Virginia
Dear Members of Council:
Subject: Commissioner of Revenue
Appropriation Related to
Proration of Personal Property
I. BACKGROUND
A. City Council Action. at its regular meetings on
May 7, 1990 and May 14, 1990 adopted ordinance
number 30028-51490 establishing a system of
proration of personal property taxes.
B. Effective Date of the ordinance is January 1,
1991.
C. City procedures are currently being finalized to
implement the changes.
D. Revenue increase projected as a result of the
adoption of "proration" method was $365,000.
This new revenue was counted towards funding
Council's Priority 1 supplemental Budget requests
for FY 90-91.
II. CURRENT SITUATION
Personal computer equipment, software. filing
cabinets and decals on continuous rolls are
required by the Commissioner of Revenue in order
to implement the program in an optimal manner.
Five (5) personal computers
PC software
Five (5) filing cabinets
Decals on continuous rolls
$15,350
2,395
3,146
5,000
$25,891
PAGE NUMBER 2
HONORABLE MAYOR AND CITY COUNCIL
Roanoke, Virginia
SUbj: Commissioner of Revenue
Proration of Personal Property
III. ISSUES:
A. Service to Citizens
B. Filing Space
C. Funds Availability
IV. ALTERNATIVES:
A. Appropriate $25.891 from Capital Maintenance and
Equipment Replacement Program for the purchase of
the items outlined in Section II above.
1. Service to Citizens will be better than
otherwise possible without the personal
computer equipment and software.
2. Filing space will be provided for the
organized storage of personal property
returns and declaration forms.
3. Funds availability - Funds are available in
the Capital Maintenance and Equipment
Replacement Program.
B. Do not transfer $25.891 for the purchase of the
proposed items.
1. Service to citizens with the personal
property proration system will not be as
strong as is needed.
2. Adequate filing space will not be provided
for the organized storage and retrieval of
personal property returns and declaration
forms.
3. Funds availability is not an issue in this
case.
PAGE NUMBER 3
HONORABLE MAYOR AND CITY COUNCIL
Roanoke, Virginia
Subj: Commissioner of Revenue
Proration of Personal Property
V. RECOMMENDATION:
Council concur with Alternative "A", Appropriate
$25,891 from the Capital Maintenance and Equipment
Replacement Program for the purchase of the items
outlined in Section II above. Appropriate the $25,891
to the following Commissioner of Revenue Accounts:
001-022-1233-2030
001-022-1233-9005
Total
$5,000
$20,891
$25,891
Respectfully submitted:
W.Qok:t 4J.j-
W. Robert Herbert
City Manager
cc: Wilburn C. Dibling, Jr., City Attorney
Joel M. Schlanger, Director of Finance
Jerome S. Howard, Jr., Commissioner of Revenue
Gordon E. Peters, City Treasurer
Archie W. Harrington, Manager of C.I.S.
Barry L. Key, Manager, OMB