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HomeMy WebLinkAboutCouncil Actions 12-27-8829409 ~.ss e r REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL December 27, 1988 2:00 p.m. AGENDA FOR THE COUNCIL C-1 C-2 C-3 Call to Order -- Roll Call. P~esent. The invocation will be delivered by The Reverend John D. Boddic, Pasto., Our Lady of Nazareth Church· Pr~ent. The Pledge of Allegiance to the Flag of the United States of America will be led by llayor Noel C. Taylor. Presentation by the Mayor. The Mayor pr~ented the "People's Choice Award" to Ms. sh~ila Mos~, Chairman, City Christmas T~ee Committee in recog,ition of the City's participation in the Mental Hea~th ServiceS Ch~&5~as tree CONSENT AGENDA IApproved 7-0) ext~avaganza. ALL ~TTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COUNCIL AND WILL BE ENACTED BY ONE ~OTION 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. Minutes of the regular meetings of Council held on Monday, September 12, 1988, and Monday, September 26, 1988. RECOI~I~NDED ACTION: Dispense with the reading thereof and approve as recorded. A corr~unication from Mayor Noel C. Taylor requesting an Executive Session to discuss a legal matter, being the terms and conditions of a contract to be negotiated, pursuant to Section 2·1-344 (a) (7), Code of Virginia (1950), as amended· RECOMMENDED ACTION: Concur in reouest for Council to convene in Executive Session to discuss a legal matter, being the terms and conditions of a contract to be negotiated, pursuant to Section 2.1-344 (a) (7), Code of Virginia (1950), as amended. A corr~unication from Mayor Noel C. Taylor requesting an Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and com- mittees appointed by Council. pursuant to Section 2·1-344 (a) (I), Code of Virginia (1950), as amended. (1) C-4 C-5 RECOMMENDED ACT I ON: Concur in request for Council 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. l-344 (a) (i), Code of Virginia (1950), as amended. Qualification of Dr. W. W. S. Butler, Ill, as a member of the City of Roanoke Transportation Safety Corr~ission for a term of four years ending October 31, 1992. RECO~4ENDED ACTION: Receive and file. Qualification of Messrs. John A. Sabean and Lewis W. Peery as members of the Roanoke Neighborhood Partnership Steering Corrrmittee for terms of three years each, ending November 9, 1991. RECOMMENDED ACTION: Receive and file. REGULAR AGENDA Hearing of Citizens Upon Public Matters: None. Petitions and Corrgnunications: None· Reports of Officers: a. City Manager: Briefings: None. Items Recommended for Action: 1. A report with regard to execution of contracts in the Emergency Home Repair Program· Adopted O~d~nanee No. 29409, Reports of Corrgnittees: a. A report of the Water Resources Committee with regard to construction of an elevated pedestrian bridge over street right-of-way, Center in the Square· Council Member Elizabeth T. Bowles, Chairman· Adopted Ore, hence ~o. 2~4~ on fi~t rea~ng. (7-0) Unfinished Business: None· Introduction and Consideration of Ordinances and Resolutions: None. Motions and Miscellaneous Business: (2) Inquiries and/or comments by the Mayor and ~.~embers of City Counc i l. Vacancies on various authorities, boards, commissions and committees appointed by Council. 10. Other Hearings of Citizens: Appointed Mr. James L. Phillips to the C~ty of Roanoke Tra~portation Safety Commission. (3) MINUTES CONSIDERED AT THIS COUNCIL MEETING MAY BE REVIEWED ON LINE IN THE "OFFICIAL MINUTES" FOLDER, OR AT THE CITY CLERK'S OFFICE Or, ce of ~he Mayor December 27, 1988 The Honorable Vice-Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: I wish to request an Executive Session to discuss a legal matter, being the terms and conditions of a contract to be negotiated, pursuant to Section 2.1-344 (a) (7), Code of Virginia (1950), as amended. Sincere ly, ~'loel C. Taylor, City of Roanoke NCT:se Room 452 Municipal Building 215 Church Avenue, S.W. Roanoke, Vlrginia 24011 (703) 981-2'~-!'! C~ce of ~e December 27, 1988 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. Sincerely, Noel C. Taylor Mayor NCT:se Room 452 Municipal Building 215 Church Av~qu~, S.W. Roanoke, 'virginia 240t I (703) 981-244-! ,,Df'rice of '~e C?v Ce~' Decembe. 28, 1988 File ~15-29 l{r. Robert ~. ~engtson, Chairman City of Roanoke Transportation Safety Commission Roanoke, Virginia Dear ~fr. Bengtson: This is to advise you qualified as a member Safety Commission for a 1992. that Dr. W. W. S. Butler, Ill, has of the City of Roanoke Transportation term of four years ending October 31, Sincerely, Mary F. Parker, CMC City Clerk MFP: ra Room 456 Munici~l Buil0incj 215 C~urch Avenue SW Roanoke ",/irg~nia 2~0t t (703) 98t-254~ 0-2 L a term of four years ending October 31, 1992, according to the best of my ability. So help me God. Subscribed and sworn to before ~ne, this day of '~k~2/.~a~,.~,(L~.~ / 9~ ~y~ ~ ~'~ ~g , Deputy Clerk Office of r he City Cier~ October 31, 1988 File #15-20 Dr. W. W. S. Butler, III 1234 Franklin Road, S. W. Roanoke, Virginia 24016 Dear Dr. Butler: At a regular meeting of the Council of the City of Roanoke held on Monday, October '24, 1988, you were reelected as a member of the City of Roanoke Transportation Safety Corr~nission for a term of four years, ending October 31, 1992. Enclosed you will find a certificate of your reelection and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Municipal Building prior to serving in the capacity to which you were reelected. Sincerely, Mary F. Parker, CMC City Clerk ~4FP:ra Enco pc: Mr. Robert K. Bengston, Chairman, Transportation Safety Commission City of Roanoke Room 456 MuniciDol BuilOir~j 215 C~urch Avenue SW Roanoke Vkg~nia 240tl (703) 981-2541 COMMONWEALTH OF VIRGINIA CITY OF ROANOKE ) ) To-wit: ) I, Mary F. Parker, City Clerk, and as such City Clerk of the Council o~ the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of the Council held on the 24th day of October, 1988, DR. W. W. S. 8UT~ER, III, was reelected as a member of the City of Roanoke Transportation Safety Commission, for a term of four years, ending October 1992. Given under my hand and the Seal of the City of Roanoke this 31st day of October, 1988. City Clerk C~ce o~ ~e G~y December 2~, 1988 File #15-488 Mr. ,lames B. ~fcCIoskey, Chairman Roanoke Neighborhood Partnership Steering Committee 2920 Avenham Avenue, S. W. Roanoke, Virginia 2401d Dear Mr. ~4cCloskey: This is to advise you that Messrs. Peeny have qualified as members Partnership Steering Committee for ending November 9, 1991. of the t ~ rms John A. Sabean and Lewis W. Roanoke Neighborhood of three years each, Sincerely, ~ Mary F. Parker, CMC City Clerk MFP:ra pc: Mr. John Coordinator R. Marlles, Acting Neighborhood Partnership Room 456 Municipal Building 215 Church Aveoue SW Roanoke ~rg*nia 2401t (703) 98t-254~ 0-2 Oath or Affirmation of Office State o] Virginia, ~it~ o] Roanoke, to.~oi~: I, 5oi~n A. Sabean · do solemnly swear (or affi1~l) that ! will support the Constitution o! the United States, and the Constitution of the State of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as cc ~ember o~~, ~'~e Roa. nol~e 4ei?kbo~,i~ood Pa~ne.~s[,~.~ ?d'ee~d. no C~mi. Ctee ,~or a de.''~, o~ three ~ears, endinn ,:~'ovember 9, 1991. according to the best of my ability. So help me God. /~ ~~~~: Deputy Clerk Office of ~e City C~erk November 9, 1988 File #15-488 Mr. John A. Sabean 1417 Grandin Road, S. W. Roanoke, Virginia 24015 Dear Mr. Sabean: At a regular meeting of the Council of the City of Roanoke heid on Monday, November 7, 1988, you were reelected as a member of the Roanoke Neighborhood Partnership Steering Committee for a term of three years, ending November 9, 1991. Enclosed you will find a certificate of your reelection and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Piease 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. Mary F. Parker, CMC City Clerk MFP: ra pc: Mr. James B. McCloskey, Chairman, Roanoke Neighborhood Partnership Steering Committee, 2920 Avenham Avenue, S. W., Roanoke, Virginia 24014 Ms. Barbara A. Dowdy, Acting Neighborhood Partnership Coordinator R~om 456 Municipal B~tldin9 2t5 C'nurch Ave~u~ SW Roanoke. Virginia 24011 (703) 981-254t COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) ~, Mary F. Parker, City Clerk, and as such City Clerk of the Counci~ of the City of Roanoke and keeper of the records thereofj do hereby certify that at a regular meeting of Counci~ held on the ?th day of November, 1988, JOHN A. SABEAN was reelected as a member of the Roanoke Neighborhood Partnership Steering Committee for a term of three yearsj ending November 9, 1991. Given under my hand and the Sea~ of the City of Roanoke this 9th day of November. 1988. City Clerk 0-2 Oath or Affirmation of $~ o] Virginia, Oi~ o] I~oanoke, ~o.~i(: I, Lewis i~. Peery ., 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 ali the duties incumbent upon me aa · ' .,t .... n, Co'r~:'ittee a member of the Roanoke ~le~ghborhooc i.artnershi? ¢ ~¢.4 .. for a term of three years, ending Novomber 13, 1991. according to the best of my ability. So help me God.(~) ~" ~-'~ / ~ Office oft'he Ci~/Clerk ~lovember 30, 1988 File #15-488 ,~r. Lewis W. Peery 508 Rutherford Avenue, ~oanoke, Virginia 24016 Dear ~fr. Peery: At the regular meeting of the Council of the City of Roanoke held on Monday, November 7, 1988, you were reelected as a member of the Roanoke Neighborhood Partnership Steering Committee for a term of three years, ending November 13, 1991. Enclosed you will find a certificate of your reelection and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. 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. Sincerely, Mary F. Parker, C~IC City Clerk MFP: ra pc; Mr. ,lames ~. McCloskey, Chairman, Roanoke Neighborhood Partnership Steering Cor~,ittee, 2920 Avenha~ Avenue S. W., Roanoke, Virginia 24014 ' ~r. John R. Marlles, Acting Neighborhood Partnership Coordinator Room 456 Municipal DuilOing 215 Church Avenue SW Roanoke V~rg~nia 240tl (703) 981-2541 COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKF,, ) 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 28th day of November, 1988, LCWIS W. PEERY was reelected as a member of the Roanoke Neighborhood Partnership Steering Committee for a term of three years, ending November 13, 1991. Given under my hand and the Seal of the City of Roanoke this 30th day of November, 1988. City Clerk Office of the C~tv Cler~ December 28, 1988 File ~236-226-178 tit. W. Robert lterbert City lfanager Roanoke, Virginia Dear Air. Herbert: I am attaching copy of Ordinance No. 29409, authorizing you to execute ce.rain contracts between the City of Roanoke, Total ~ction Against Poverty (TAP), and individual property owners, for the purpose of obtaining grants in an amount not to exceed $2,000.00 under the Emergency Home Repair Program, upon certain terms and conditions, which Ordinance No. 29409 was adopted by the Council of the City of Roanoke at a .eguIar meeting held on Tuesday, December 27, 1988. Sincere Mary F. Parker, CMC City Clerk .HFP: ra pc: ~r. Theodore J. Cdlich, Ill, Executive Director, Total Action Against Poverty, 702 Shenandoah Avenue, N. W., Roanoke, Virginia 24016 ~r. William F. Clark, Director of Public Works Y4r. RonaId H. Miller, Building Commissioner/Zoning Administrator Mr. H. Daniel Pollock, Housing Development Coordinator Ms. ~{arie T. Pontius, Grants Monitoring Administrator Room 456 Municipal Building 215 C'~hurch Avenue SW Roanoke ~rg~nia 24~t I (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 27th day of December, 1988. No. 29409. VIRGINIA, AN ORDINANCE authorizing the City Manager to execute certain contracts between the City of Roanoke, Total Action Against Poverty (TAP), and individual property owners, for the purpose of obtaining grants in an amount not to exceed $2,000 under the Emergency Home Repair Program; upon certain terms and conditions; and providing for an emergency. WHEREAS, this Council approved the execution of an agreement with Total Action Against Poverty (TAP) to provide for the cooperative administration of the Emergency Home Repair Program by Ordinance No. 29370, adopted November 14, 1988. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager is hereby authorized to execute certain contracts between the City of Roanoke, Total Action Against Poverty (TAP), and individual property owners for the purpose of obtaining grants in an amount not to exceed $2,000 under the Emergency Home Repair Program, upon certain terms and conditions, in form approved by the City Attorney. 2. In order to provide for the usual daily operation of the municipal ordinance government, an emergency is deemed to exist, aud this shall be in full force and effect upon its passage. ATTEST: City Clerk. Roanoke, Virginia December 27~ 1988 Honorable Mayor and Members of Council Roanoke, Virginia Dear Members of Council: Subject: Execution of Contracts in the Emergency Home Repair Program I. Background City Council accepted a grant and appropriated funding from the Virginia Department of Housing and Community Development (HCD) in the amount of $10,#1~ for the Emergency Home Repair Program on November 14, 1988. On that same date, Council also appropriated $30~000 of CDBG funds to match the funds from HCD. The Emergency Home Repair Program provides grants of up to $2,000 to make limited repairs on substandard rental property occupied by very low income tenants and in danger of condemnation. In order to receive such a grant, a property owner must certify that he cannot afford to make the repairs without increasing the rent and will not increase the rent charged to the tenants for one year after repair. Each repair grant requires execution of a three-party contract among the City as the provider of the funds, Total Action Against Poverty (TAP) as the repair contractor, and the property owner authorizing the repairs and agreeing not to increase rent. II. Current Situation A. In most cases, properties identified for the Emergency Home Repair Program will have conditions requiring immediate repair. When City Council was asked to endorse the program on November 1/5, request to authorize the City Manager to execute individual contracts for the Program was inadvertently not made to City Council. III. Issues A. Efficient administration of the Emergency Home Repair Program B. Timing of Repairs Page 2 December 27, 1988 IV. Alternatives Authorize the City Manager to execute individual contracts for grants not to exceed $2,000 under the Emergency Home Repair Program as he determines appropriate, each such contract to be approved as to form by the City Attorney. Efficient operation will be facilitated by provision for Administrative approval of each contract, instead of individual Council authorizations. Timing of repairs to substandard rental property in danger of condemnation will be minimized. In some cases, repairs may be achieved within 7 to 10 days of initial inspection of unsafe conditions. Do not authorize the City Manager to execute individual contracts for the Emergency Home Repair Progam. Require each individual contract to obtain specific Council authorization prior to its execution. Efficient operation of the Program will be dramatically hinI dered by the requirement of obtaining individual approval from City Council. Timing of repairs to seriously substandard rental property may be delayed an additional two weeks or more to allow for Council authorization of each specific contract. V. Recommendation Adopt Alternative A, thereby authorizing the City Manager to execute each indi- vidual Emergency Home Repair contract, each contract to be approved as to form by the City Attorney. WRH:HDP:bc City Attorney Director of Finance Director of Public Works Building Commissioner Housing Development Coordinator Grants Monitoring Administrator Executive Director~ Total Action Against Poverty Respectfully submitted~ W. Robert Herbert City Manager AGREEMENT Made this Between the City: day of and TAP: and the Owner: City of Roanoke, Virginia 215 Church Avenue SW Roanoke, Virginia 2#011 Total Action Against Poverty in the Roanoke Valley, Incorporated 702 Shenandoah Avenue NW Roanoke, Virginia 2#017 Concerning a certain rental property (Hereinafter the "Property") in the City of Roanoke, identified as Official Tax Map Number described as , located at WHEREAS, the Owner hereby certifies he/she/they own the Property and rent it for residential use; and WHEREAS, the City has inspected the property and has determined it to be in noncompliance with the Building Maintenance Code and in serious need of repairs or condemnation; and WHEREAS, TAP has determined that the current tenants of the property have incomes not exceeding 50% of the median family income for the Roanoke area; and WHEREAS, the Owner certifies he/she/they cannot afford to make the necessary repairs without increasing rents charged to the current tenants; and WHEREAS, the City is willing to pay up to $2,000.00 under the Emergency Home Repair Program to make necessary repairs to the property, if the Owner agrees to certain conditions; THEREFORE, the parties to the Agreement do mutually agree as follows: 1. RESPONSIBILITIES OF TAP 1. As a licensed contractor, TAP will perform or arrange to have performed the following repairs: at a total cost of ($ ). TAP will insure that all applicable building permits are obtained for the work to be performed. Page 2 2. In addition, TAP will perform the iollowing Weatherization repairs: 3. TAP agrees to complete the repairs within days of the execution of this Agreement by afl parties. Upon completion, TAP will notify the City Building Department and the Owner. II. RESPONSIBILITIES OF TIlE CITY Upon completion of the repair work by TAP and notification to the City Building Department, the City will verify satisfactory completion of the work specified under Section I (1) of this Agreement. Upon submission of an invoice letter by TAP to the City, the City will pay TAP the sum of (not to exceed $2000) ($ ) within 15 days of the receipt of the invoice for completed work. lhis payment to TAP for completed work will not constitute a lien against the property and will not be repayable by the Owner except in the event of his/her failure to fulfill his/her responsibilities as provided in Section III. III. RESPONSIBILITIES OF TIlE OWNER As party to this Agreement~ the Owner authorizes TAP and its subcontractors to make repairs and improvements as identified in Section I, and to provide TAP and its subcontractors access to the property at reasonable times for the purposes of performing the repair work, and the City for inspection of work after completion. In addition, if the cost of repair work necessary to prevent condemnation of the property by the City exceeds the amount payable by the City as provided in Section II, the Owner agrees to pay the balance of ($ ) to TAP upon completion of repairs and its acceptance by the City and the Owner. Owner shall pay such costs within 15 days of the notice from TAP to the City and the Owner of completion of such work. In consideration for the work performed by TAP as identified in Section I~ and payment for such work by the City as provided in Section II, the Owner agrees to refrain from any rent increases due to the repair work paid for by the City for a period of one year from the date of the completion of the work as certified by TAP and accepted by the City. Furthermore, the Owner agrees not to evict or otherwise request the tenant to leave the property for a period of one year from the date of completion of the work, providing the tenant complies with all his/her obligations and responsibilities under the Lease Agreement with the Owner. The Owner agrees to execute a promissory note to the City for repayment to the City in the event of non-compliance with these provi- sions. Page 3 IV. HOLD HARMLESS AGREEMENT TAP and the Owner shall hold the City, its officers, agents, and employees harmless from any and all damages, losses, expenses, and claims that may arise by reason of any act or omission on the part of TAP, its agents or employees, or on the part of any party with whom TAP enters into a contract for work performed persuant to this Agreement. TAP shall require any such contractor to hold TAP and the City, its offi- cers, agents and employees harmless in any and all damages, losses, expen- ses, and claims that may arise by reason of any negligence on the part of the subcontractor, its agents, or employees, or on the part of any party with whom TAP enters into a contract for work performed persuant to this Agreement. V. THIRD PARTY CONTRACTS The City shall not be obligated or liable to any party other than TAP and the Owner. All contracts between TAP and a third party shall include a pro- vision that the City is not obligated or liable thereon to any party other than TAP and the Owner. Vl. LIABILITY INSURANCE COVERAGE TAP is required to provide comprehensive liability insurance coverage to protect TAP, the City, the City's officers, agents and employees, and the Owner for not less than $500,000.00 for bodily injury including accidental death to any one person and not less than $1,000,000.00 on account of any one occurrance. TAP will also provide property damage insurance in an amount of not less than $100,000.00 per occurrance and $200,000.00 per aggregate. TAP will also require all subcontractors to carry comprehensive liability insuance for the protection of parties and in the amount of not less than $250,000.00 in the event of bodily injury including death and $50,000.00 in the event of property damage. VII. CANCELLATION CLAUSE In the event any party should fail to carry out any provision or intention of this Agreement and its attachments, either of the other parties may, by a written 10-day notice cause this Agreement to be cancelled. Likewise should any party determine that it cannot successfully carry out its portion of the Agreement, the Agreement may be cancelled by a written 10-day notice to the other two parties. However, in the event of such cancellation due to the lack of performance by a party hereto, such party shall reimburse the other parties for costs they have incurred in good faith and reasonable expectation of the fulfillment of this Agreement by all parties. Such notices shall be either delivered by hand or mailed to the parties as follows: Page 1. In the case of TAP, be addressed or delivered to the: Executive Director 702 Shenandoah Avenue NW Roanoke, Virginia 24017 2. In the case of the City, be addressed or delivered to the: City Manager Room 170 215 Church Avenue SW Roanoke, Virginia 24011 3. In the case of the Owner, be addressed to or delivered to: VIII. AMENDMENTS Any changes as mutually agreed upon among the City, TAP, and the Owner shall be incorporated in written amendment to this Agreement. IN WITNESS ~VHEREOF, the City, TAP, and the Owner have executed this Agreement as of the date first written above. Owner(s): TAP: Witness: Date: Date: City of Roanoke: Date: