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Home My WebLink AboutCouncil Actions 11-02-8728842 REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL November 2, 1987 2:00 p.m. AGENDA FOR THE COUNCIL Call to Order -- Roll Call. All preset. The invocation will be delivered by the Reverend Steven Teague, Pastor, Calvary Baptist Church. Pr~erv~. The Pledge of Allegiance to the Flag of the United States of America will be led by Mayor Noel C. Taylor. C-1 C-2 C-3 CONSENT AGENDA (Approved 6-0) Mr. Garland had not a~rived. 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. Minutes of the regular meeting of Council held on Monday, October 26, 1987. RECOMMENDED ACTION: Dispense with the reading thereof and approve as recorded. A list of items pending from July 10, 1978, through October 26, 1987. RECOMMENDED ACTION: Receive and file. A communication from Council Member David A. Bowers transmitting the 1986-87 Annual Report of the City of Roanoke Redevelopment and Housing Authority. RECOMMENDED ACTION: Receive and file. REGULAR AGENDA Hearing of Citizens Upon Public Matters: None. Petitions and Corr~unications: ae (1) A communication from Donald S. Caldwell. Commonwealth's Attorney, recommending acceptance of the Department of Criminal Justice Services Grant for the Victim/Witness/Juror Assistance Program, in the (1) (2) Reports amount of $17,225.00, and transfer of $9,916.00 in local matching funds from the Corr~nonwealth Attorney's fiscal year 1987-88 budget. Adopted Ordinance No. 28842 and R~olution No. 28843. (7-0) A report of the City Manager concurring in the above recommendation. Received and filed. of Officers: a. City Manager: Briefings: None. Items Recommended for Action: b. Director A report with regard to Food Stamp Issuance. Adopted 0r~inance ~. 28844 and Ordinance ~. 28845. (7-0) A report with regard to a request for certification of approval from the Virginia Rousing Development Authority for TAP's Proposed Transitional Shelter Rousing Facility. Adopted R~olution No. 28846. (7-0) 3. A report wi th regard to the Library Services and Construction Act (LSCA) Title I, Sub-Regional Library for the Bt ind Grant· Adopted Ordinance No. 28847 and Resolu~on No. 28848. (7-0) 4. A report recommending authorization to execute contracts with appropriate parties to acquire and main- tain certain vacant lots in accordance with the Vacant Lot Homesteading Program, and loans to the appropriate buyers for purchase and transfer of the lots. Adopted Ordinance No. 28849. 17-0) ,5. A report recommending authorization to execute a Short Term Community Development Block Grant Float Loan Agreement wi th Downtown Associates and Dominion Bank National Association, for the purpose of refinancing the rehabilitation and redevelopment of the City Market Building. Adopted Ordinance No. 28850. 15-0) Mayor Taylor and Mr. Harvey abstained from voting. 6. A report recommending execution of a City - State Railway Agreement for installation of safety devices at the Berkley Road, N· E. railway crossing, and transfer of funds therefor· Adopted Ordinance No. 28851 and Resolu~on No. 28852. (6-01 Mr. Trout abst~ned from voting. of Finance: i. A report recommending close-out of Youth Services Grant No· 86-I-7, and that unexpended funds, in the amount of $314.00, be returned to the State. Adopted Ordinance No. 28853. (7-0) Reports of Committees: A report of the Water Resources Committee recommending that the City make no applications for Virginia's proposed fiscal year 1988 Revolving Loan Program for Wastewater Facilities. Elizabeth T. Bowles, Chairman. Conc~ed in recommendation. b. A report of the Water Resources Cor~nittee reco~nending that Council authorize the sale of City owned property bearing Official Tax No. 1070808, to David A· and Diana H. McCray and John R. and Betty M. Newbill, in the amount of $2,000.00. Elizabeth T. Bowies, Chairman. ^dop£ed Ordinance No. 28854 on first reading. {7-0) c. A report of the Water Resources Committee recommending that Council authorize the Southeast Action Forum, Inc., to enter into a sublease with the League of Older Americans for use of Old Fire Station No. 6 as the Southeast Diner's Club· Elizabeth T. Bowles, Chairman. Adopted 0rdinance No. 28855 on fi~t reading. (7-0) Mr. Bow~ abst~ned from voting. d. A report of the Water Resources Committee recorrgnending that Council authorize a revocable permit to the State Air Pollution Control Board for installation of an air pollu- tion monitoring device in the non-paved portion of the right-of-way of Mulberry Street, N. W. Elizabeth T. Bowies, Chairman. AdoptedOrdinance No. 28856 on first reading. e. A report of the committee appointed to tabulate bids received for the Wiiliamson Road Storm Drain, Phase 2, Contract II-A, and WilIiamson Road West Sanitary Sewer Project· Robert A. Garland, Chairman· Adopted0rdinance No. 28857 and Ordinance No. 28858. {7-0) Unfinished Business: None· Introduction and Consideration of Ordinances and Resolutions: None. 9. Motions and Miscellaneous Business: Inquiries and/or comments by the Mayor and members of City Council· b. Vacancies on various authorities, corr~raittees appointed by Council. 10. Other Hearings of Citizens: boards, corr~issions and Stateme~ of ChaAles Linenf~eA regarding free enteApriSe at Roanoke Regional AdAport. The matte was referred to the Cdty Attorney for appropriate remarks and to the Airport Commission for it~ information. (3) MINUTES CONSIDERED AT THIS COUNCIL MEETING MAY BE REVIEWED ON LINE IN THE "OFFICIAL MINUTES" FOLDER, OR AT THE CITY CLERK'S OFFICE Pending Items from July 10, 1978, through October 26, 1987. Referral Date Referred To Item 7/10/78 City Manager Recom~endation No. 11 contained in the Mayor's 1978 State of the City Message. (Development of Mill M~untain - hotel.) 8/12/85 City Manager eeYOr's 1985 State of the City co~r~endation No. i - establish- ment of a working relationship with the volunteer rescue squads and the Roanoke 1tistorical Society for the purpose of establishing a rrtise~n and national headquarters for volunteer rescue squads in the City. 8/25/86 City Manager Mayor's 1986 State of the City ~'ecornrendation No. 6 - streng- fhening the City's relationship with Virginia Tech. 2/23/87 Regional Cable Television Corrmi t tee Request of Cox Cable Roanoke for a renewal of their franchise agreement in order to sir~tify and clarify language, ~ake cer- tain additions and deletions, and extend the term. 4/27/87 City Manager Report of the City Planning Com- mission recorrmending the renoming of the Kimball Avenue/Holtins Road, N. E. and Hollins/Read Road, N. E. Thoroughfares. 6/1/87 City Manager Report regarding the homeless. 6/22/87 Robert A. Garland WitliamF. Clark Kit B. Kiser Bids for 1987 Roof Replacement No. 2 - Roanoke Regional Airport Terminal Building - Roof Levels G andH. 7/27/87 City Manager Recom?~ndations of the Youth Services Citizen Board contained in the Board's Annual Report/ Annual Plan. Pending Items from July 10, 1978, through October 26, 1987. Referral Date Referred To Item 8/10/87 City Manager Mayor's 1987 State of the City Recoumendation No. I develop- ment of a five-year strategic plan for the City of Roanoke. 8/10/87 City Manager Request of Kenneth R. Sharp that an alley running between Montclair Avenue and Kenwood Boulevard, S. E., mare specifi- cally running between Lots 19 and 20, Block 16, and approximately 128.1 feet in length, be per- manently vacated, discontinued and closed. 8/10/87 City Manager Matter regarding status and funding of the Peters Creek Road project. 10/5/87 Robert A. Garland Kit B. Kiser WilliamF. Clark Bids for Norwood Street Sanitary Sewer Replacement - Phase I. 10/12/87 City Manager Matter regarding a safety problem on Tillett Read, S. W. 10/26/87 Robert A. Garland George C. Snead, Jr. WilliamF. Clark Bids for alterations and addi- tions to Fire Station No, 1, 13 East Church Avenue. -2- O~e o~ ~ne O~ Ge~ November 4, 1987 File ~178 Mr. David A. Bowers 1933 Windsor Avenue, S. W., Apt. Roanoke, Virginia 24015 #i Your cor~nunication transmitting the 1986-87 Annual Report of the City of Roanoke Redevelopment and tiou$ing Authority, was before the Council of the City of Roanoke at a regular meeting held on Monday, November 2, 1987. On motion, duly seconded and adopted, the corr~nunication was received and filed. Sincerely, ~ Mary F. Parker, CMC City Clerk MFP:ra pc'. Mr. Herbert D. McBride, Executive Director, Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017 Room 456 Municipal Building 215 G~urch Avenue, S.W, Roanoke, ~/lrg~nla 240t I (703) 98t-2541 Office of the Council October 29, 1987 Honorable Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: As your Council Ziaison to the City of Roanoke Redevelopment and Housing Authority, I am pleased to present to you the 1986-87 Annual Report of the Authority. As you will see, the report has been dedicated on page 7 to former City Councilman WendeZl H. Butler. Dr. Butler has served one term as Chairman, and at the annual Authority meeting held on Monday, October 26, 1987, he was reelected to that position; Hatlie B. Atbergotti was reelected as Vice-Chairman. You will see from the report that, this year, the Authority has made substantial progress in rehabilitating its older structures, added new programs, and continued its economic development efforts in Deanwood, Shaffer's Crossing, and Henry Street. I ask that this report be made part of the permanent record and that it be placed on the consent agenda of Council at its next regular meeting. Best personal regards to each of you. Sincerely, David A. Bowers Council Member DAB: ra Room 456 Munlcipol Building 215 Church Avenue, S,W. Roanoke, Vkglnla 24011 (703) 98t-2541 Office c~ the City ~ November 4, 1987 File #133-236-502 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: [ am attaching copy of Resolution No. 28843, authorizing the acceptance of Grant No. 87-A6524 made to the City of Roanoke by the State Department of Criminal Justice Services for a Victim/Witness/Juror Program, and authorizing the execution and filing by the City Manager of the conditions of the grant and other grant documents, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 2, 1987. Sincerely,~,~,~~7~' Mary F. Parker, CMC City Clerk MFP:ra EHeo pc: Mr. Wilburn Co Dibling, Jr., City Attorney Mr° Joel M. Schlanger, Director of Finance Mr. Donald S. Caldwell, CorrgnonweaIth's Attorney Ms. Mary Ann Myers, Victim/Witness/Juror Coordinator Mr. George C. Snead, Jr., Director of Administration Public Safety and Room 456 MuniclDal Building 215 ~urc~ A~,nue, $.W. Roanoke, Virg~nlo 2,~1011 (703) 98t-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 2nd day of November, ]987. No. 28843. VIRGINIA, 4Al A RESOLUTION authorizing the acceptance of Grant No. 87-A6524 made to the City of Roanoke by the State Department of Criminal Justice Services for a Victim/Witness/Juror Program and authoriz- ing the execution and filing by the City Manager of the conditions of the grant and other grant documents. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts the offer made by the State Department of Criminal Justice Services of Grant No. 87-A6524 in the total amount of $27,141.00 for Fiscal Year 87-88 for a Vic- tim/Witness/Juror Program. 2. The local cash match for Fiscal Year 87-88 shall be the amount of $9,916.00, including salary supplement. 3. The City Manager or the Assistant City Manager is hereby authorized to accept, execute and file on behalf of the City any documents setting forth the conditions of Grant No. 87-A6524. 4. The City Manager or the Assistant City Manager is further directed to furnish such additional information as may be required by the Department of Criminal Justice Services in con- nection with the City's acceptance of the foregoing grant or with such project. ATTEST: City Clerk. Office af t'ne City Cle~' November 4, 1987 File #60-133-236-502 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 28842, amending and reor- daining certain sections of the 1987-88 General and Grant Funds Appropriations, by appropriating $17,225.00 in state grant funds and transferring $9,916.00 in local matching funds from the Congnonwealth~s Attorney's fiscal year 1987-88 budget, in connec- tion with acceptance of the Department of Criminal Justice Services grant for the Victim/Witness/Juror Assistance Program, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, Novembe, 2, 1987. Sincerely, ~~ Mary F. Parker, CMC City Clerk MFP:ra Eno. pc: Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Donald So CaldweIt, Commonwealth's Attorney Ms. Mary Ann Myers, Victim/Witness/Juror Coordinator Mr. George C. Snead, Jr., Director of Administration Public Safety and Room456 MunicipalBuildlng 215C~urchAve~ue, S.w. Roanc~e, Virg~ia24011 (703)98t-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, lhe 2nd day of November, ]987. No. 28842. AN ORDINANCE to amend and reordain certain sections of the 1987-88 General and Grant Funds 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 1987-88 General and Grant Funds Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: General Fund Appropriations Nondepartmental Transfer to Other Funds (1) ......................... Judicial Administration Commonwealth Attorney (2) ........................... $10,735,920 8,736,006 2,499,766 514,547 Grant Fund Appropriations Public Safety Grants Victim Witness Grant 87A65245 (3-7) ................. Revenue Public Safety Grant Victim Witness Grant 87A6524 (8-9) .................. 1) Transfer to Grant Fund (001-004-9310-9536) $ 9,916 2) Transfer to Grant Fund (001-026-2210-9536) (9,916) 3) Regular Employee Salaries (035-026-5111-1002) 21,612 $ 228,594 27,141 $ 228,594 27,141 4) Fees for Prof. Services 5) Training and Development 6) Expendable Equipment 7) Admin. Supplies 8) State Grant Receipts 9) Local Match (035-026-5111-2010) 286 (035-026-5111-2044) 1,556 (035-026-5111-2035) 1,250 (035-026-5111-2030) 2,437 (035-035-1234-7016) 17,225 (035-035-1234-7017) 9,916 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk GoMMONWEALTI+ OF VIR61Ni& CITY Of ROANOKE OFFICE OF THE COMMONWEALTH'S ATTORNEY 515 CHURCH AVENUE October 26, 1987 Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, VA Dear Members of Council: Subject: Acceptance of Victim/Witness Assistance Program Grant I. Background Victim/Witness Juror Program is designed to recognize and address the needs of victims and witnesses in the Roanoke City Criminal Justice System and to continue the commitment for citi*en support. Roanoke Cit7 Victim/Witness/Juror Assistance Committee (RCVWJ) was formed in the fall of 1983, by Judges and Clerks of Circuit, General District and Juvenile Courts, Commonwealth's Attorney, City Sheriff, Chief Magistrate, Chief of Police, Director of Administration and Public Safety, and Roanoke Bar Association. Victim/Witness Juror Pro,ram was developed and utilized volunteers in the court system to provide services to support the needs of victims, witnesses and jurors. The RCVWJ Committee submitted the program to the State with a request for full payment funding. A start-up grant (#85A6252) was issued on duly 1, 1984, in the amount of $16,202 for FY 84-85 subject to proportional annual local funding to be approved each year E. Cit7 Council accepted the start-up grant in September, 1984, and hired a full-time program coordinator in October, 1984. City Council accepted the second year of the Victim/Witness Assistance Program grant (#86A6292) in September, 1985, and appropriated $2,430 for FY 85-86 as the City's first year proportional share of the grant subject to the terms of the original agreement (15% of $16,202). Members of Council Subject: Acceptance of Victim/Witness Assistance Program Grant October 26, 1987 Page 2 In October, 1985, the City Manager approved the new classification of the victim/witness coordinator's position at a pay grade 09 and the full-time coordinator received a salary increase of $3,i08. The additional expense of this salary increase was transferred from the Commonwealth Attorney's 85-86 budget to the Victim-Witness Grant budget. ~it~ Council accepted the third year of the Victim/Witness Assistance Program grant (#86A6400) in August, 1986, and appro- priated $2,430 for F~ 86-87 as the City's local cash m~tch and $4,145 as a saiary supplement for the Coordinator. In Aprii, 1987, a request for a new grant was submitted by the Victim-Witness Coordinator when additional state funds became available. J. In June, 1987, the Victim/Witness Assistance Program grant (#86A6400) was extenaed from June, 1987 thru November, 1987. II. Current Situation The Victim/WitnesS/Juror Pro,ram has been awarded an seven ~nth $17,225 grant (F87A6524) for November, 1987 through June, 1988, which will be m~tched by a local cash match of $9,916 (including salary suppiement) for a total grant budget of $27,141. ~e Victim/Witness/Juror Pro~ram continues to operate with a full-time coordinator, as well as a part-time Victim-Witness Advocate for Juvenile & Domestic Relations District Court. Duties have expanded and increasingly greater contact has been made with persons in need of program services. A summ~ry of FY 84-85, 85-86 and 86-87 contacts document this increase in services (see Attachment A). The Victim/witness/Juror Program is coordinated by the Office of the Commonwealth's Attorney and this office's FY 87-88 budget as approved by City Council included a local cash match grant fund of $9,9i6 (appropriated as outlined in Attachment B). Members of Council Subject: Acceptance of Victim/Witness Assistance Program Grant October 26, 19~7 Page 3 III. Issues A, Set,rices Costs IV. Alternatives me ~cept the Victim/Witness/Juror Grant #87A6524 ~or $17,225 with Roanoke City paying $9,916 as a local cash match (including salary supplement) for a total grant of $27,141. 1. Services a. Present level of services and contacts would be maintained for victims and witnesses in General District Court. Present level of services and contacts would be maintained for victims and witnesses in Juvenile & Domestic Relations District Court. 2. Gosts a. Cost to the City for Grant #87A6524 would be $9,916 as a local cash match (including salary supplement). ,City Council not accept the Victim/Witness/Juror Grant #87A6524 in the amount of $17,225 nor fund the local cash match of $9,916 (including salary supplement). 1. Services such as those below would be greatly curtailed or not provided if the grant is not accepted. me Providing felony victims and witnesses with a letter and educational brochure familiarizing them with the court system, procedures and terminology before their court appearance. be Notifying the victims and witnesses of the status of pending cases thereby decreasing the number of unnecessary trips made to court and helping the victims and witnesses feel informed and a part of the criminal justice process. Members of Council Subject: Acceptance of Victim/Witness Assistance Program Grant October 26, 1987 Page 4 Providing police officers with case status information and organizing their cases so that they are heard consecutively, thus eliminating unnecessary and costly overtime charges. d. Assisting victims in securing court ordered restitution payments. e. Making victims aware of the Virginia Crime Compensation Fund and assisting them in completing the application process. f. Provide referrals to other agencies which can heip victims address their non-criminal justice needs. ge Accompany victims and witnesses to court proceedings to reduce their fears and anxieties regarding court appearances. h. Intercede with employers and school officials when victims and witnesses have difficulties securing time off. i. Assist sexual assault victims in having forensic medical bills paid by the court system. Assist probation and parole officers in the preparation of Victim impact Statements which are presented to the judge at the defendant's sentencing. k. Provide "counseling" and crisis intervention to crime victims and witnesses. 1. Arrange for transportation to court for those victims and witnesses who have special needs. me Provide public relations information in the form of courthouse tours, programs and iectures about the criminal justice system and victimology. 2. Costs would not be an issue. V. Recommendations Ae ~t~ Council to concur with Alternative A, which would allow for the acceptance of, and participation in the Department of criminal Justice Services Grant #87A6524 for the Victim/Witness/Juror Assistance Program in the amount of $17,225, with the City providing a local cash match of $9,916 (including salary supplement) from the monies provided in the Commonwealth Attorney's FY 87-88 budget Members of Council Subject: Acceptance of Victim/Witness Assistance Program Grant October 26, 1987 Page 5 DSC:btw pc: Authorize the City Manager to sign and execute ail appropriate documents to obtain Grant #87A6524. Appropriate $17~225 in state grant funds and transfer $9,916 in local matching funds from General Fund account 001-026-2210-9536 to the Grant Fund into accounts to be established by the Director of Finance. Respectfully submitted, Commonwealth's Attorney City Manager City Attorney Director of Finance Director of Administration & Public Safety Victim/Witness/Juror Coordinator VICTiM-WiTNESS ASSISTANCE PROGRAM SERVICE S OMMARY FY FY FY SERVICE 84-85 85-86 86-87 1. Case Disposition & Case Status Information 2. intercession with Schools or Employers 3. Victim Counsel Sessions 4. Referral to Crime Compensation Fund 5. Restitution Payment Assistance 6. Contacts in Person or by Phone to Educate Persons to the Criminal Justice System 7.Introductory Brochures Mailed 8. Total Victims Contacted 9. Total Witnesses Contacted i0. Police Contacts for Case Information 11. Volunteer Hours Served 556 12 14 24 71 662 51 982 554 66 826 1,063 17 56 84 218 1,406 607 2,245 1,464 157 926 868 12 3O 70 314 1,2~9 686 1,714 528 93 544 ATTACHMENT A LOCAL CASH MATCH GRANT FUND FY 84-85 FY 85-86 FY 86-87 FY 87-88 DCJS GRANT $16,202 (100%) $13,772 (85%) $32,550 (93%) $17,225 (78%) LOCAL CASh MATCH $2,430 (15%) $2,430 (7%) $4,860 (22%) LOCAL SUPPLEMENT $3,108 $4,145 $5,056 TOTAL $16,101 $19,310 $39,125 $27,14 1 ATTACHMENT B B_ ,ps~ !~.C?!_LG_OR~ I_!~iLZAT]O__N- DCJS CASH a. N~es of Posltton Salary Man Hours ~l~e e s Titles Rate Devoted ~ ~ ~e~s, Di~tos 40 h~s ;6,568.00 ~7,512.00 ~14,080.00 2. ~. ~r w~ ~. 32 ~s. 5.~r~ He~, ~sist. 24 ~s ;5,653.90 $ .00 ~5,653.90 ~r wk. Total ;12,221.90 $7,51~.Q~ .... ~ 7~3.~Q b. Fringe BerJef,s FICA % - at 7.33o ~o~ Di~e~to~ ~ ~722.44 ~309.62 ~1,032.D6 Assist. $290.11 $124.33 $ 414.44 Other (it~ize) · Blue Cross/Blue Sheild ~O~__ $ll~-~0 ...... ~8.00 for Director ~13~499.05 ~$8~059.35 ~$21~ 558.40 Consultants ~n~di~ Trav~el and Subs~steqce~ a. Individual Consultants T~pe Hours Devoted Rate/Hour Tot al . O0 b. OrganSzations & Assoc~ations T~Be re~ Time ge~ot~ ~175.00 $111. O0 ~286. O0 N~ $30. O0 o.oo I ~istration fees 72_~6.00 rot~ .175..~ ....... $1~0 __~286.00 c. COnSulter, ts' Subsistence and Travel Total To~al Consultants (a + b) ~175.00 ~111.00 ~286.00 :z: : - ~Lave~ ar, d ~ S e roe for Proj~ t Pm 5 ~ne ...... ~'t~t ?q ...... . _i_~ % ....................... a. Local M~le~e 200 ~ .21 per m~e 529.40 512.60 542.00 b. Non-local Mileage __. 340Q x ~.21 per mile 5499.80 5214.20 5714.00 c. Subsistence ___ 1~ days x _~60.0~ ~er day $420.00 $180.00 $600.00 d. Air or other fares ~d trip air f~e to 5140.00 $60.00 5200.00 Total -3- DCJS 4. _~quj~_~ e n_L ................................ AHOUNT ~JLP3. ~antity Un it Price or Rent al VCR i $300.00 purchase software 1 $400.00 purchase telephone 1 $200.00 lease desk 1 $200.00 purchase C~air 1 $150.00 purchase $210.00 $280.00 $140.00 $140.00 $105.00 $90.00 $300.00 $120.00 $400.00 $60.00 $200.00 $60.00 $200.00 $45.00 $150.00 Total 5. Su~o]~i~ an~d Other~ E~])enses T~pe ~a5%~ ?_ijS office supplies $800.00 postage 3,000X.22 $660.00 printing $100.00 telephone $50.00X12mons. $600.00 books, booklets $180.00 videos 3 rentals $150.00 $875.00 Total TOTAL supporting this project - (lte~nize): .... J_s~_d PrDject Budget Summary - n $509.60 $420.42 $ 63.70 $382.20 $114.66 $ 95.55 !$1,586.13 $17,224.38 ~375.00 $290.40 $239.58 $ 36.30 $217.80 $ 65.34 $ 54.45 $903.87 $800.00 $660.00 $100.00 $600.00 $180.00 $150.00--_ $9,916.02 $27,140.40 -4- '87 2 Roanoke, Virginia November 2, 1987 Honorable Mayor and City Council Roanoke, Virginia Dear Mayor and Member of Council: I concur in the attached report from Donald S. Caldwell, Commonwealth's Attorney, concerning the acceptance of Victim/Witness Assistance Program grant. WRH/a Respectfully~ubmitted, W. Robert Herbert City Manager November 4, 1987 File #72 Cost Containment, Inc. P. O. Box 1661 Raleigh, North Carolina 27602 Ladies and Gentlemen: [ am enclosing copy of Ordinance No. 28845, authorizing a contract for the inventory, package and mail issuance of food stamps, and preparation of certain monthly reports for the United States Department of Agriculture, for a term of twelve months, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 2, 1987. Sincerely, ~~ Mary F. Parker, CMC City Clerk MFP: ra pc: Mr. W. Robert Iterbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. SchIanger, Director of Finance Mr. James D. Ritchie, Director of Human Resources Ms. Corinne B. Gott, Superintendent, Social Services Roo~456 MuniclpolBuildlng 215G~un~Av~ue, S.W.l:~anc~e,¥1rg~nla24011 (703)98t-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, Ihe 2nd day 0f November, ]987. No. 28845. 5Al AN ORDINANCE authorizing a contract with Cost Containment, Inc., providing for the inventory and package of food stamps and the mail issuance o~ food stamps, and the preparation of certain monthly reports for the United States Department of Agriculture; and providing for an emergency. BE IT ORDAINED by tile Council of the City of Roanoke that: 1. The City Manager, or the Assistant City Manager, be and he is hereby authorized and directed, for and on behalf of the City, to enter into a written contract with Cost Containment, Inc., a North Carolina corporation, for a term of twelve (12) months, providing for such firm to provide for the inventory and package and the mail issuance of food stamps to recipients within the City and the preparation of certain monthly reports for the United States Department of Agriculture, upon those terms and conditions set out and described in the report from the City Manager dated November 2, 1987; such contract to be approved as to form by the City Attorney. 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. Office of the Cily Oe~ November 4, 1987 File #60-72 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 28844, amending and reor- daining certain sections of the 1987-88 General Fund Appropriations, providing funds in the amount of $14,965.00, for the addition of two staff persons in the Department of Social Services to handle over-the-counter issuance of food stamps for the remainder of the fiscal year, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 2, 1987. Sincerely, ~~ Mary F. Parker, CMC City Clerk MFP:ra Enc. pc: Mr. W. Robert Herbert, City Manager Mr. James D. Ritchie, Director of Human Resources Ms. Corinne B. Gott, Superintendent, Social Services Mr. George C. Snead, Jr., Director of Administration Public Safety Mr. Eric C. Turpin, i~anager, Personnel Management and Room456 MunlclpalBuiidlng 215 C~urch Avenue, S.W. Roano~e, Vlrg~la24011 (703)g81-25~.1 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, lbe £nd day of November, ]987. No. 28844. AN ORDINANCE to amend and reordain certain sections 1987-88 General Fund Appropriations, and providing for an emergency. of the 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 1987-88 General Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Health and Welfare Food Stamps (1-6) ................................... 1) Reg. Employee Salaries 2) FICA 3) City Retirement 4) Life Insurance 5) Hospitalization Insurance 6) Fees for Prof. Services (001-054-5312-1002) $ 11,740 (001-054-5312-1120) 860 (001-054-5312-1105) 1,544 (001-054-5312-1130) 119 (001-054-5312-1125) (001-054-5312-2010) 702 (14,965) $10,473,682 429,547 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk 11. Honorable Mayor and City Council Roanoke, Virginia '~ C 'I ~ ~ CITY,.i.- ~~ Members of Council: Subject: o0d S~a~p Issuance BACKGROUND Roanoke, Virginia November 2, 1987 A. Food Stamp Program was made mandatory on July 1, 1974. B. Program provides a way for low income families to subsidize their income by providing, at government expense, edible food items. C. Roanoke City has participated in the program since July 1, 1974 and has utilized the following methods to issue food coupons to eligible persons. 1. 1974-1981 Authorization to Participate (ATP) Cards were mailed to eligible persons and redeemed for food coupons at the City's Office of Billings and Collections. 2. 1981-1986 - eligible persons received food coupons over-the- counter at the office of Billings and Collections. 3. August 1986 - July 1987 - City contracted with Cost Containment, Inc. to mail food coupons to eligible persons. CURRENT SITUATION A. Contract with Cost Containment, Inc. expired July 31, 1987 and was not renewed because Cost Containment, Inc. would not continue to absorb the liability of coupons lost in the mail, averaging $6,000.00 per month. B. City of Roanoke has advertised for bids to contract a combination of over-the-counter and mail issuance of food stamps. C. Only one bid was received, publicly opened and read in the Office of General Services at 2:00 P. M. on October 16, 1987 after due and proper advertisement. D. The Bid submitted by Cost Containment, Inc. to provide this service was evaluated by representatives of the following Departments: 111. lV. 2 Social Services Director of Human Resources General Services Department of Social Services is requesting permission to enter into a contract with Cost Containment, Inc. for the following services: 1. Inventoring and packaging coupons ready for issuance by Social Service Staff over-the-counter to recipients at 215 W. Church Avenue. 2. Mailing coupons to those families identified by Social Service Staff as approved for mail issuance. 3. Preparation of certain monthly reports for U. S. Department of Agriculture. ISSUES A. B. C. D. E. Quality of Services Delivery Cost Impact on Social Services Staffing Liability Timing ALTERNATIVES A. Institute over-the-counter issuance by Social Services Staff with packaging of coupons only by Cost Containment, Inc. 1. Qu.ality of Services Delivery will be maintained. Handicapped and/or elderly citizens will have the option of receiving their coupons by mail. Mail issuance to handicapped and/or elderly may be discontinued dependent upon loss experience. Cost a. Contract with Cost Containment, Inc. to continue packaging of food coupons (December 1, 1987 - October 31, 1988) at 55¢ a transaction for approximately 4000 trans- actions a month at $26,400.00 annually or $15,400.00 - 3 - for the remainder of this fiscal year. b. Two additional staff persons for Department of Social Services to handle over-the-counter issuance at an annual cost of $29,930.00 or $14,965.00 for the remainder of this fiscal year. c. Funds are currently available in the Social Services Budget for 1987/88. d. Cost for this alternative is $56,330.00 annually or $30,365.00 for the remainder of this fiscal year and is 80% reimburseable by the State. 3. Impact on Existing Social Services Staffing would be positive as existing employees would not be required to implement program and at the same time complete their assigned job duties. 4. Liability - Cost Contair~ent, Inc. contract will insure mail loss thereby Roanoke City will not be liable for losses through the mail. 5. Timing - This plan can be implemented by December 1, 1987. Authorize Social Services Department to implement the entire program. Q~ality of services Deliver~ would be compromised as citizens would wait longer to receive coupons. Longer lines would result. Handicapped and/or elderly will still have the option to receive coupons by mail. Mail issuance still may be dis- continued based on loss experience. Cost would be for four additional persons for this fiscal year. These employees would be required to inventory and package coupons as well as issue coupons over-the-counter. a. Cost would be $59,860.00 annually or $29,930.00 for remainder of this fiscal year. VJ 4 b. Cost for this Alternative is 80% reimbursed by the State. c. Funds are currently available in Social Services 1987/ 88 budget. 3. Impact on Existing Social Services Staffinq would be positive since the existing employees would not be required to implement the program and at the same time complete their assigned job duties. 4. Liability would increase as coupons would be inventoried on premises by Social Services staff and excess coupons would be on hand for issuing in upcoming months. 5. Timing. This plan could not be implemented until February, 1988 to allow for State approval of four positions not currently authorized and to allow the Federal Government to change the delivery of coupons from Cost Containment, Inc. over to City of Roanoke. RECOMMENDATION A. Concur with Alternative A to enter into contract with Cost Containment, Inc. to inventory and package coupons for over-the-counter issuance by Social Services Staff. Adoption of Alternative A would also authorize the Department of Social Services to employ two staff persons at Grade 5, Clerk Typist, utilizing funds already appropriated in the FY 87/88 budget for Food Stamp Program. Respect~lly submitted, W. Robert Herbert City Manager CC: Wilburn C. Dibling, City Attorney Joel M. Schlanger, Finance Director James D. Ritchie, Director, Human Resources Corinne B. Gott, Superintendent, Social Services Office cf the Cil, y Clen~ November 4, 1987 File #178-226 Mr. James T. Dise Development Officer Virginia Housing Development Authority 13 South 13th Street Richmond, Virginia 23219-4188 Dear Mr. Dise: I am enclosing copy of Resolution No, 28846, approving the multi- family housing development facility to be developed by Total Action Against Poverty in Roanoke Valley, fnc,, at 23 24th Street, N. W., which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 2, 1987. ! am also enclosing a Certification of Approval signed by the Mayor on behalf of the City of Roanoke. Sincerely, Mary F. Parker, CMC City Clerk MFP:ra Enco pc; Mr. Theodore J. Edlich, Executive Director, Total Action Against Poverty, P. 0. Box 2868, Roanoke, Virginia 24001 Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. James D. Ritchie, Director of ltuman Resources Room 456 Municipal Building 215 (~urch Avenue, S.W. Roanc~e, Virginia 2401 t (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 2nd day of November, 1987. No. 28846. VIRGINIA, 5A2 A RESOLUTION approving the multi-family housing develop- ment facility to be developed by Total Action Against Poverty in Roanoke Valley, Inc., at 23 24th Street, N. W. BE IT RESOLVED by the Council of the City of Roanoke that the proposed multi-family housing development to be developed by Total Action Against Poverty in Roanoke Valley, Inc., at 23 24th Street, N. W., is hereby APPROVED, and the Mayor is hereby authorized to certify such approval to the Virginia Housing Development Authority. ATTEST: City Clerk. CERTIFICATION OF APPROVAL In accordance with Virginia Code, Section 36-55.39 (B), the City Council of Roanoke, Virginia, hereby certifies to the Virginia Housing Development Authority its approval of the proposed multi-family residential housing development by Total Action Against Poverty as expressed in its resolution duly adopted on November 2, 1987, a certified copy of which is attached hereto. City Council of Roanoke, Virginia By: November 2, 1987 Honorable Mayor Noel C. Taylor and Members of City Council Roanoke, Virginia Members of Council: SUBJECT: REQUEST FOR CERTIFICATION OF APPROVAL FROI~ VIRGINIA HOUSING OEVELOPMENT AUTHORITY FOR TAP'S PROPOSED TRANSITIONAL SHELTER HOUSING FACILITY I. BACKGROUND The City Manager's Task Force on the Homeless reported in its recommendations the need for transitional housing in order to provide people with shelter while looking for employment and more permanent housing. Total Action Against Poverty plans to open such a facility at 23 24th Street, NW and previously appeared before City Council on October 12, 1987 to request rezoning from LM, Light Manufacturing District, to RM-4, Residential Multi-Family High Density District, which was subsequently approved. II. CURRENT SITUATION AD The Mayor's Office was notified on October 20, 1987 by the Virginia Housing Development Authority that in order for Total Action Against Poverty to be considered for VHDA financing, the governing body of the locality has the opportunity to approve or disapprove the proposed housing development by certifying to the Authority in writing within 60 days. Bo The 60-day waiting period may be waived if City Council approves a resolution for the proposed housing development. Total Action Against Poverty requests that City Council authorize the Mayor to sign the attached Certification of Approval. III. ISSUES Services to Citizens. Timing. Cost to the City. IV. ALTERNATIVES Ao City Council approve the Certification of Approval to the Virginia Housing Development Authority for TAP's proposed transitional housing facility. Services to Citizens. The TAP housing development will provide transitional housing and services for homeless men over a 3-6 month period to become self-sufficient including employment training and counseling. The existence of such a facility will meet one of the recommendations of the City Manager's Task Force Report on the Homeless. Timing. Approval by City Council will expedite loan closing, and necessary renovations to the facility can begin without delay. the Cost the City. No City funds are included in the project, however, completion of the facility may offset some costs to the Roanoke City Department of Social Services who provides care and shelter for some of the individuals elsewhere. Bo City Council not approve the Certification of Approval the Virginia Housing Development Authority for TAP's proposed transitional housing shelter. to Services to Citizens. TAP would not have as good a chance to receive the funding necessary to establish a transitional housing shelter to serve homeless men over a 3-6 month period. One of the critical recommendations of the City Manager's Task Force Report on the Homeless would not be implemented at this time. Timing. No comment on the application will delay closing of the loan and the renovations necessary to open the shelter. Cost to the City. There would be no cost to the City, however, the Roanoke City Department of Social Services would continue to subsidize the care and living costs elsewhere for some of these citizens. Co City Council disapprove Total Action Against Poverty's proposed transitional housing facility. 1. Services to Citizens. TAP would probably not receive the funding necessary to establish a 3 transitional housing facility to provide housing and services to homeless men over a 3-6 month period. These individuals would continue to rely on temporary emergency shelter for the homeless and limited services for employment training and counseling to help them move back to the mainstream of society. 2. Timing. Not an issue. Cost to the City. The Roanoke City Department of Social Services will continue to provide services to some of the individuals including provision of City funds for housing elsewhere. V. RECO)~4ENDATION City Council concur in the implementation of Alternative A. Approve a resolution supporting TAP's proposed transitional housing shelter. Authorize the Mayor to sign the attached Certification of Approval. Respectfl~lly submitte<, W. Robert Herbert City Manager WRH/JDR/slw CC: Wilburn C. Dibling, City Attorney Joel M. Schlanger, Finance Director James D. Ritchie, Director, Human Resources Ted Edlich, Executive Director, Total Action Against Poverty Attachment CERTIFICATION OF APPROVAL In accordance with Virginia Code, Section 36-55.39 (B), the City Council of Roanoke, Virginia, hereby certifies to the Virginia Housing Development Authority its approval of the proposed multi-family residential housing development by Total Action Against Poverty as expressed in its resolution duly adopted on November 2, 1987, a certified copy of which is attached hereto. City Council of Roanoke, Virginia By: Noel C. Taylor, Mayor Office of the City Cle~ November 4, 1987 File #323-236 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 28848, accepting a Library Services and Construction Act (LSCA) Title I Grant for the Roanoke City Public Library, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 2, 1987. Sincerely, ~ Mary F. Parker, CMC City Clerk MFP:ra Enc. pc: Mr. Air. Ms. Wilburn C. Dibling, Jr., City Attorney James D. Ritchie, Director of Ifuman Resources M. Emily Keyser, Acting City Librarian Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF The 2nd day of November, 1987. No. 28848. ROANOKE, VIRGINIA, A RESOLUTION accepting a Library Services and Construction Act (LSCA) Title I Grant for the Roanoke City Public Library. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The grant to the City of a Library Services and Construction Act (LSCA) Title I Grant in the amount of $8,318.00, to be used for expanded library service for the visually impaired and physically handicapped during FY-1987-88, is hereby ACCEPTED. 2. That W. Robert Herbert, City Manager, or Earl B. Reynolds, Jr., Assistant City Manager, is hereby authorized to execute any and all requisite documents pertaining to the City's acceptance of this grant and to furnish such additional infor- mation as may be required in connection with the City's accep- tance of the foregoing grant. ATTEST: City Clerk. Of~e of ~he City Clen~ November 4, 1987 File #60-236-323 ~fr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 28847, amending and reor- daining certain sections of the 1957-88 General Fund Appropriations, providing for the appropriation of $~,318.00 to the Library budget, in connection with acceptance of the Library Services and Construction Title I Sub-Regional for the Blind Grant, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, hlovember 2, 1987. Sincerely Mary F. Parker, CMC City Clerk MFP: ra Enc. pc: Mr. Mr. Ms. W. Robert lierbert, City Manager James D. Ritchie, Director of Iiuman Resources M. Emily Keyser, Acting City Librarian Room 456 Municll:~l Bollding 215 Church Avenue, S.W. Roonoke, Vlrg~la 24011 (703) 98'1-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 2nd day of November, 1987. No. 28847. VIRGINIA, AN ORDINANCE to amend and reordain certain sections of the 1987-88 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 1987-88 General Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Parks, Recreation, and Cultural Libraries (1-3) ................................. Revenue Grants-in-Aid Federal Government Federal Aid to Libraries - LSCA (4) ............. 1) Library Equip. for Handicapped 2) Telephone 3) Supplies 4) LSCA Grant Revenue (001-054-7310-9016) $ 7,491 (001-054-7310-2020) 600 (001-054-7310-2030) 227 (R001-020-1234-0705) 8,318 $ 3,122,917 1,576,104 1,519,678 107,323 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk November 2, 1987 Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Members of Council: SUBJECT: LIBRARY SERVICES AND CONSTRUCTION ACT (LSCA) TITLE I, SUB-REGIONAL LIBRARY FOR THE BLIND GRANT I. BACKGROUND II. A Library Services and Construction Act (LSCA) Title I Grant for $87318 has been awarded to the Roanoke City Public Library. The Library is a sub-regional library for the visually impaired and physically handicapped, serving the special populations of the Fifth Planning District through its Extension Services Department. CURRENT SITUATION The Library's Extension Services Department's goal is to enhance library service by making library resources more accessible to special populations. Service to the visually and hearing impaired must be designed to meet each patron's special needs. Co The Library system constantly seeks to improve and expand its services to the special population by adding new equipment to provide greater access to a larger variety of library materials for benefit and pleasure. The grant is for the purchase of equipment to improve services to the handicapped and must be expended by June 1, 1988. Eo Library Administration recommends that the grant of $8~318 be used to purchase: Seven (7) telecommunication devices for the deaf (TDDs) which are electronic devices that allow the hearing impaired to make telephone calls through written, rather than spoken, communication. One (1) telephone and dedicated line {to be located at the Central Library and used with one of the two TDDs there). III. ISSUES One (1) Telex cassette duplicator and 100 blank cassettes. One (1) closed circuit TV system enlarger (to be located near Reference Resources at the Central Library). Central Library would have two (2) TDDs, one with a dedicated line. Each of the five library branches would have one (1) TDD which would also be available for loan to qualifying patrons. A. Expanded library service to the physically disadvantaged. B. Budget concerns. C. Compliance with regulations of the grant. IV. ALTERNATIVES Accept the LSCA Title I Sub-Regional Library for the Blind Grant and appropriate $8)318 to the Library's fiscal year 1987-88 budget. 1. Expanded service to the physically handicapped. a) Hearing-impaired patrons would be provided with greater access to the Library and other individuals, institutions, and agencies which have TDDs, allowing for easier communication. b) Telex cassette duplicator would allow staff to reproduce (within copyright restrictions) those cassettes requested by patrons but not yet produced by the National Service for the Blind, thereby, supplementing the "talking books" collection. c) Closed circuit TV system enlarger would make any reading material easier to read by increasing the size of the print and displaying it on a large monitor, providing direct access to printed library materials. 2. Budget concerns. a) No additional staff is required to operate any of the equipment. b) No additional funding by the City is required in this fiscal year. Minimal charges would be required for the telephone line in future years. These charges would be covered by future grants in this category. 3. Compliance with regulations of the grant. Expenditures would be in compliance with the regulations governing receipt of this Title I grant. Do not accept the LSCA Title I Sub-Regional Library for the Blind Grant and do not appropriate }8~318 to the Library's fiscal year 1987-88 budget. 1. Expanded service to the physically handicapped. a) Library service to the physically handicapped would remain at the present level. No access to certain library materials and resources. b) No enhancement of services or programs would be possible. 2. Budget concerns. Not an issue. 3. Compliance with regulations. Not an issue. V. RECOMMENDATION A. City Council concur with Alternative A and accept the Library Services and Construction Title I Sub-Regional for the Blind Grant in the amount of $8~318 and appropriate the funds to the Library fiscal year 1987-88 budget as follows: $7,491 to Equipment, #001-054-7310-9016' $ 600 to Telephone, #001-054-7310-2020 $ 227 to Supplies, #001-054-7310-2030 *Account #001-054-7310-9016 to be established by the Director of Finance. Establish a revenue estimate of $85318 for the LSCA Title I Grant. Authorize the City Manager or his designee to execute the necessary documents accepting the grant for the Roanoke City Library. Respectfu].~y submitted, W. Robert Herbert City Manager WRH/JDR/MEK/slw cc: Wilburn C. Dibling, City Attorney Joel M. Schlanger, Finance Director James D. Ritchie, Director of Human Resources Emily Keyser, Acting City Librarian November 4, 1987 File #2-236 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 28849, authorizing you to execute Agreements for Acquisition and Maintenance of Vacant Lots with certain purchasers of vacant lots under the City's Vacant Lot Homesteading Program; authorizing the City Attorney and Director of Finance to execute deeds of trust securing loans made as a part of the Vacant Lot Homesteading Program and to serve as trustees; and authorizing you to execute certificates of satis- faction, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 2, 19R7. Sincere ly, Mary F. Parker, CMC City Clerk MFP: r a Enc, pc: Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director of Public Works Mr. RonaId H. Miller, Building Corwnissioner/Zoning Administrator Mr. If. Daniel Pollock, Housing Development Coordinator Ms. Marie T. Pontius, Grants Monitoring Administrator Room 456 Municipal Building 2 t 5 (~urch A~"~ue, S.W. Roanoke, VIrgrnla 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, lhe 2nd day of November, ]987. No. 28849. AN ORDINANCE authorizing the City Manager to execute Agreements for Acquisition and Maintenance of Vacant Lot with certain purchasers of vacant lots under the City's Vacant Lot Homesteading Program; autho- rizing the City Attorney and Director of Finance to execute deeds of trust securing loans made as a part of the Vacant Lot Homesteading Program and to serve as trustees; authorizing the City Manager to exe- cute certificates of satisfaction; and providing for an emergency. WHEREAS, Council finds that vacant lots which become overgrown with weeds, harbor rats and often become inviting areas for the dump- ing of trash are prejudicial to the public health, welfare and safety; WHEREAS, by Resolution No. 26619, adopted July 25, 1983, this Council approved a Vacant Lot Homesteading Program (hereinafter "the Program") by which Federal Community Development Block Grant (herein- after "CDBG") funds will be loaned to responsible persons to permit their purchase and clearing of vacant lots with the understanding that such deferred payment loans will be forgiven if the purchaser fulfills the conditions of an Agreement for Acquisition and Maintenance of Va- cant Lot between such purchaser and the City; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized for and on behalf of the City to m~ke deferred payment, forgivable loans of CDBG funds to purchasers of vacant lots who meet the eligibility criteria established for the Program. 2. The City Manager is hereby authorized, for and on behalf of the City, to execute Agreements for Acquisition and Maintenance of Vacant Lot, between the City and purchasers of vacant lots as identified in the City Manager's report of November 2, 1987, (here- inafter the "Report"), such Agreements to be approved as to form by the City Attorney. 3. To secure payment of the loans of CDBG funds made under the Program and performance by the purchasers of the Agreements for Acqui- sition and Maintenance of Vacant Lot, the purchasers identified in the Report shall each execute a deed of trust and deed of trust note, which documents shall be approved as to form by the City Attorney. 4. 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 and to execute deeds of trust for and on behalf of the City with respect to those parcels identified in the Report. 5. Pursuant to §26-49, Code of Virginia (1950), as amended, City Council reserves the right in its sole discretion for any reason what- soever to appoint a substitute trustee or trustees. 6. 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 by execute a Attorney, whom it was paid, the City Manager shall be authorized to certificate of satisfaction upon form prepared by the City and the City Attorney shall be authorized to file such cer- tificate of satisfaction in the Office of the Clerk of the Circuit Court of the City of Roanoke. ?. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordi- nance shall be in full force and effect upon its passage. ATTEST: City Clerk. Roanoke, Virginia November 2, 1987 Honorable Mayor and Members of Council Roanoke, Virginia Dear Members of Council: Subject: Contracts Under Vacant Lot Homesteading Program I. Background: Vacant Lot Homesteading Program was developed to reduce the number of vacant, neglected lots in the City's neighborhoods by helping responsible parties buy the lots. Loans of federa! funds made by the City under, the Program cover: 1. Purchase price, up to appraised value; 2. Services of a realtor (in some cases); 3. Legal fees; 4. Costs to clear lot initially, in cases where needed; 5. Other reasonable expenses. Current available funding approved by City for Vacant Lot Homesteading Program is approximately $9~400, all from CDBG funds. (Separate Council report recommends additional allocation of funds and extension of Program.) II. Current Situation: Five additional candidate lots have been identified as appropriate for the Program. These have been escheated by the State and are scheduled to be auctioned this fall. Contracts with intended buyers of the vacant lots must be executed to commit each to buy the lot if it is available and to maintain it after it is transferred to the buyer. These commitments from property-owners adjacent to the vacant lots have been obtained (attachment). Funds are available in CDBG account 035-08#-8t~20-510# approved and established for the Vacant Lot Homesteading Program. Page 2 November 27 1987 III. Issues: Any delinquent tax~ weed~ or demolition liens held by the City against any lot will be paid from the proceeds of sale of that lot, to the limit of the proceeds of the sale after expenses of the sale. A. Effect on community revitalization B. Cost to the City C. Timing IV. Alternatives: Ao Authorize the City Manager to execute contracts with persons identified on the Attachment to acquire and maintain vacant lots identified on the Attachment in accordance with the Vacant Lot Homesteading Program; Authorize deferred payment forgiveable loans from CDBG Vacant Lot Homesteading account 035-08#-8#20-510# to the appropriate buyers for purchase and expenses for transfer of the vacant lotsl and Authorize the City Attorney and the Director of Finance to serve as Trustees of each deed of trust on each loan extended to buyers under the Program. Effect on community revitalization will be positive, in that unkept vacant lots will be well-maintained by buyers, permanently removing "eyesores" from residential neighborhoods. Cost to the City will be approximately $9,t~00 from CDBG funds previously allocated for this Program. 3. Timing is such that contracts must be executed prior to escheat auction planned to be held this fall. Do not authorize execution of contracts with buyers or loans for purchase and transfer of lots under the Vacant Lot Homesteading Program. Effect on community revitalization will be negative. Identified lots are likely to remain unkept and detrimental to the community. Cost to the City would be nothing initially~ but continued complaints on unkept lots~ blighting effect on surrounding areas, and periodic cleaning of lots by City are likely to result in long-term costs to the City. 3. Timing is not an issue. Page 3 November 2~ 1987 V. Recommendation: Ae Authorize the City Manager or his designee to execute contracts with appropriate parties to acquire and maintain the vacant lots identified on the attachment in accordance with the Vacant Lot Homesteading Program approved by City Council 3uly 25~ 1983, the contracts to be approved as to form by the City Attorney. Authorize deferred payment forgiveable loans from CDBG Vacant Lot Homesteading account 035-084-8820-510~, m amounts to be determined in each case pursuant to the approved Vacant Lot Homesteading Program, to the appropriate buyers for purchase and related expenses for the transfer of the lots identified on the attachment. Authorize the City Attorney and the Director of Finance to serve as trustees of each deed of trust on each loan extended to buyers of the lots identified on the attachment under the Program. Respectfullx submitted, W. Robert Herbert City Manager WRH:HDP:hdp Attachment City Attorney Director of Finance Director of Public Works Building Commissioner Housing Development Coordinator Grants Monitoring Administrator Approximate Address of Lot 1323 Centre Avenue NW 1119 Melrose Avenue NW 1607 Gilmer Avenue NW 1021 Loudon Avenue NW 712 Elm Avenue SE Attachment Candidate Vacant Lots Tax Number 2212320 2222112 2210715 211131~ ¢121215 Appraised Value $2~300 $2,000 $1,000 $ 700 $1,500 Prospective Buyer Alberta Pearl Tardy & Alfred Phillip Smith, Arthur C. and Mattie L. Edwards Annie L. Campbell John T. and Jessie C. English Elbert E. Abshire Office of the C]~/Cterk Navembe~ 4, 1987 File #42-236 ~4r. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: [ am attaching copy of Ordinance No. 28850, authorizing the exe- cution of an agreement by and among the City, Downtown Associates and Dominion Bank, National Association, providing for the short- term loan of $962,000.00 in Community Development Block Grant funds to Downtown Associates for the purpose of refinancing its rehabilitation and redevelopment of the City Market Building, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 2, 1987. Sincere ly, Mary F. Parker, CMC City Clerk MFP:ra Eneo pc: Mr. D. Scott Farrar, Assistant Vice-President, Dominion Bank, National Association, P. 0. Box 13327 Roanoke, Virginia 24040 ' Downtown Associates, c/o ~fr. Lury W. Goodall, Jr., Senior Vice-President, Fralin and Waldron, Inc., P. 0. Box 20069, Roanoke, Virginia 24018-0503 Mr. WiIbuPn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director of Public Works Mr. John R. Marlles, Chief of Community Planning Mr. Brian J. Wishneff, Chief of Economic Development and Grants Ms. Marie T. Pontius, Grants Monitoring Administrator Room 456 Municipal Building 215 O~urc~ Avenue, S.W. Roanoke, Virginia 24011 (703) 98t-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 2nd day of November, ]987. No. 28850. VIRGINIA, AN ORDINANCE authorizing the execution of an agreement by and among the City, Downtown Associates and Dominion Bank, National Association, providing for the short-term loan of $962,000 in Community Development Block Grant funds to Downtown Associates for the purpose of refinancing its rehabilitation and redevelopment of the City Market Building, upon certain terms and conditions; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are authorized to execute and to seal and attest, respectively, for and on behalf of the City, an agreement by and among the City, Downtown Associates, and Dominion Bank, National Association, providing for the loan of $962,000 in Community Development Block Grant funds to Downtown Associates, for a period of two years with interest at the rate of three percent (3%) per annum, payable quarterly in arrears, such agreement to be in the form as is attached to the report of the City Manager to Council dated November 2, 1987, and to be subject to the terms and conditions therein; such agreement to be approved as to form by the City Attorney. 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. November 2, 1987 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Short Term Community Development Block Grant (CDBG) Float Loan Agreement, Downtown Associates I. Background: City currently has available in unexpended CDBG budget funds $2,215,000 for 24 community development projects. This amount represents the unexpended balance of all CDBG funds awarded by the Department of Housing and Urban Development to the City of Roanoke. City of Roanoke expends an average $200,000 of these funds each month for projects and administration. Potential exists for utilizing a large portion of these temporarily idle funds, $1,500,000 to $1,900,000, for short-term financing of community and economic development projects which are CDBG-eligible. Funds advance~ by HUD to the City of Roanoke can be loaned and secured by a letter of credit ensuring the funds' availability for use on approved projects. Interest charged by the City of Roanoke for use of the funds becomes a source of additional revenue to the City. City Council amended the 1986-87 CDBG Program and Budget to provide for this type of "float", short-term financing for economic development or housing on August 11, 1986. City Council adopted the 1987-88 CDBG Program and Budget on April 13, 1987, and included provision for a $962,000 short-term, iow-interest rate loan to Downtown Associates to promote the creation and retention of jobs in the City Market Building. By agreement (see attached), City of Roanoke would charge Downtown Associates three percent interest per year for two years. Members of Council November 2, 1987 Page 2 HUD has indicated that the proposed loan "appears to be consistent with information available at the time on CDBG floats", but it has made clear to the City that the decision to approve or disapprove a float, as well as the responsibility to ensure compliance with all applicable laws and regulations rests with the City. The loan has been determined to be necessary and appropriate to the City's community development efforts.The City Market Building is the focal point of the City's downtown revitalization efforts. A substantial number of low- and moderate-income level jobs as well as minority businesses have been created by the project. In an effort to insure viability of this essential project and to preserve the low- and moderate-income level jobs, the minority businesses and to further encourage the creation of new iow- and moderate-income jobs, Downtown Associates has requested the use of the CDBG "Float" loan program to offset the high interest rates they are presently paying. Downtown Associates is unable to refinance its Industrial Revenue Bonds to take advantage of the lower rates due to changes in the laws affecting the use of Industrial Revenue Bonds. II. Issues: A. Benefit to City. B. Risk. C. Impact on other CDBG projects. D. Compliance with federal regulations. E. Lesal. F. Fundin$. III. Alternatives: Authorize the City Manaser to execute the attached agreement between the City of Roanoke, Downtown Associates, and Dominion Bank National Association, extending to Downtown Associates, for the purpose of re-financing the rehabilitation and redevelopment of the City Market Building, a loan of $962,000 at three percent interest per year for a period not to exceed two years, secured by a note, and an unconditional and irrevocable letter of credit issued by Dominion Bank. The closing of the loan and the commencing of the loan will occur no later than 5:00 p.m. on November 30, 1987. Members of Council November 2, 1987 Page 3 Benefit to the Cit~ includes the retention and/or creation of at least 50 jobs in the City Market Building. The City also will receive approximately $28,000 in interest each year over the two year life of the loan, depending on the amount of principal outstanding. It should be noted that the letter of credit that will be required does not include this interest - only the $962,000 to be loaned. Risk to the City's CDBG program is minimal. The loan is secured by a letter of credit from Dominion Bank, and can be drawn down at any time the City requires funds for CDBG programs or administration. Impact on other CDBG projects is negligible. The City of Roanoke has the right under the Note to demand repayment, in whole or in part, from Downtown Associates, at any time as in its discretion deems necessary, for any reason, including its need to fund its ongoing CDBG obligation. Compliance with federal regulations will be achieved. The loan agreement has been fully reviewed by the Department of Housing and Urban Development. City's Office of Grants Compliance will monitor the float loan program's compliance with all federal CDBG regulations. Legal: The attached agreement was drafted by the City Attorney's Office, and has been reviewed and executed by the other two parties. Fundin~ is available from the unexpended portion of the City's CDBG allocation. Do not authorize the City Manager to execute the attached three-party, short-term, float loan agreement. Benefits to the City of new jobs at the City Market Building would be jeopardized, and a potential new source of program income would be un-utilized. 2. Risk to the City's CDBG program would not be an issue. 3. Impact on other CDBG projects would not be an issue. 4. Compliance with federal regulations would not be an issue. Members of Council November 2, 1987 Page 4 5. Legal aspects of the CDBG program would not change. Fundin8 of current projects and programs would not be affected. IV. Recommendation: It is recommended that City Council adopt Alternative "A" which will authorize the City Manager to execute the attached agreement between the City of Roanoke, Downtown Associates and Dominion Bank National Association, extending to Downtown Associates, for the purpose of re-financing the rehabilitation and redevelopment of the City Market Building, a loan of $962,000 at three percent interest per year for a period not to exceed two years, secured by a note, and an unconditional and irrevocable letter of credit issued by Dominion Bank, N.A. The closing of the loan and the commencing of the loan would occur prior to 5:00 p.m. on November 30, 1987. Respectfully submitted: W. Robert Herbert City Manager WRH/kds CC: City Attorney Director of Finance Director of Public Works Chief of Economic Development Chief of Community Planning Grants Monitoring Administrator FRAMN and WALDRON, INC. October 26. 1987 Mr. Philip Sparks Economic Development CITY OF ROANOKE 214 Church Avenue Roanoke, Virginia 24011 Dear Phil: Enclosed herewith are three copies of the Short Term CDBG Float Loan Agreement. Scott Farrar of Dominion Bank will be forwarding a letter of commitment for the letter of credit and should you require any signature. Scott will be more than happy to handle this for you, Should you have any questions or need further information, please do not hesitate to give me a call. Sincerely, Lury W. Goodall. Jr. Senior Vice President LWG,JR./Icw enclosures as stated P. O. BOX 20069 2917 PENN FOREST BOULEVARD S. W. ROANOKE, VIRGINIA 24018-0~O3 DOMINION October 26, 1987 Mr. Lury W. Goodall, Jr. Senior Vice President Fralin and Waldron, Inc. P O Box 20069 Roanoke, Virginia 24018 Re: Downtown Associates Dear Lury: Dominion Bank, National Association is pleased to provide this commitment to write the $962,000 Letter of Credit for Downtown Associates (applicant) in favor of the City of Roanoke (beneficiary) as required under the terms of the Short Term CDBG Float Loan Agreement. This letter of credit is to be supported by the joint and several guaranties of Messrs. Fralin and Waldron. The annual Letter of Credit fee is 1.0% and Dominion is prepared to effective date the instrument whenever the City of Roanoke requires it. Respectfully Yours, D. Scott Farrar Assistant Vice President DSF/cc cc: Mr. Philip Sparks DRAFT #4 ~o/~o/87 SHO~ TERM CDBG FLOAT LOAN AGREEMENT THIS AGREEMENT, made and entered into this __ day of , 1987, by and among the CITY OF ROANOKE, VIRGINIA, a municipal corporation chartered under the laws of the Com- monwealth of Virginia (hereinafter, the "City"), DOWNTOWN ASSOCIATES, a Virginia general partnership composed of Elbert H. Waldron and Horace G. Fralin (hereinafter, "Downtown Associates"), and DOMINION BANK, NATIONAL ASSOCIATION (here- inafter, "Dominion"). W I TNE S SETH: WHEREAS, the City is the owner of that certain parcel of land and the improvements located thereon in the City of Roanoke, Virginia, known as the "City Market", which the City has leased for an initial term of twenty (20) years to Downtown Associates, by the terms of a Lease Agreement dated January 27, 1983, as amended by Amendment No. i dated Febru- ary 22, 1985. WHEREAS, Downtown Associates has invested approximately ONE MILLION FIVE HUNDRED THOUSAND DOLLARS ($1,500,000.00) in the renovation and redevelopment of the City Market as a food-oriented retail shopping center; WHEREAS, the City Market project is the focal point of the City's downtown revitalization and rehabilitation efforts, and a substantial number of low and moderate income level jobs have been created by said project; WHEREAS, the City desires to provide short term financ- ing to Downtown Associates for the City Market project to ensure the vitality of this essential project and to pre- serve the low and moderate income level jobs which have been created; WHEREAS, the Roanoke City Council has authorized as a part of the City's Community Development Block Grant ("CDBG") program the making of loans for economic develop- ment projects from CDBG funds which have been allocated to the City, but which have not yet been drawn down (known as a "CDBG Float"), and Council has, by Ordinance No. , adopted , 1987, authorized the execution of this loan agreement; and W}IEREAS, the United States Department of Housing and Urban Development ("HUD") has declared the use of the CDBG Float to be an eligible activity if carried out in accord- ante with applicable Federal, State and local statutes and regulations. NOW, THEREFORE, the parties hereto agree as follows: 1. LOrelei. The City agrees to draw down $962,000 from its CDBG letter of credit with the Federal government, and, not later than November 30, 1987, the City agrees to lend Downtown Associates such funds for a period of two (2) years from the date of closing on the loan, with inte- rest at the rate of three percent (3%) per annum subject to the terms and conditions of this Agreement (the "Loan"). Such loan proceeds shall be transferred by City warrant to or for the account of Downtown Associates. The date of closing of the Loan shall be as mutually agreed upon by the parties, - 2 - but not later than the date set forth above. The location of the closing shall be as mutually agreed. 2. OSE'OF'LOAN pROCEEDS. Downtown Associates shall use the proceeds of the Loan solely for the purpose of refinanc- ing its rehabilitation and redevelopment of the City Market, and such proceeds shall not be used by Downtown Associates for any other use. 3. LOAN TERMS. The terms of the Loan, including repay- ment, shall be as set out in the Note attached as Exhibit A hereto and incorporated herein (the "Note"). The Loan shall be subject to the due authorization, execution and delivery to the City by Downtown Associates of the said Note in the form attached hereto and of the Letter of Credit de- scribed below. The City may, in its discretion, prior to closing on the Loan, require the receipt of additional docu- ments, duly executed by the respective parties hereto, deemed advisable or necessary to further evidence or document the Loan or Letter of Credit, or which may be required by HUD. 4. LETTER OF CREDIT. Dominion shall, prior to closing on the Loan, at the expense of Downtown Associates, deliver to the City a duly authorized and executed, unconditional and irrevocable Letter of Credit in the amount of $962,000, in the form of the Letter of Credit attached hereto as Ex- hibit B (the "Letter of Credit"). The Letter of Credit - 3 - shall be drawn so as to be in effect for a period of at least thirty (30) days past the maturity date of the Note. 5. DEFAULT. Should Downtown Associates default in re- payment of the Note, in full or in part, the City shall have the right to draw on the Letter of Credit for the amount due. 6. ASSi~NT. No party any of its rights, duties or Agreement to any other party. hereto shall assign or pledge responsibilities under this 7. CI,TY~S PRIMARY OBLIGATION. acknowledge and agree that the City's to expend its CDBG funds for on-going its current CDBG Program and Budget. The parties hereto primary o~ligation is programs identified in In this regard, the Loan is intended to be a short-term loan, dependent upon the City having sufficient funds in its CDBG letter of credit with the Federal government to draw upon to fund its con- tinuing obligations in implementing the CDBG Program in the City. It is further acknowledged and agreed by the parties that the City has the right under the Note to demand repay- ment, in whole or in part, at any time as it in its discre- tion deems necessary, for any reason, including its need to fund its on-going CDBG obligations. 8. ~ APPROVAL. The Loan is expressly made subject to the City obtaining from the United States Department of Housing and Urban Development its written acknowledgement that the terms and conditions of the Loan do not violate, - 4 - and are in compliance with, all applieable rules and regu- lations of that Department. 9. PARTNERSHIP AUTHORITy. Downtown Associates repre- sents that it is a general partnership duly organized, valid- ly existing and in good standing under the laws of the Com- monwealth of Virginia, and it is composed of Elbert H. Wal- dron and Horace O. Fralin. Downtown Associates represents that: (a) (b) there are no proceedings pending or threatened against or affecting Down- town Associates in any court or before any governmental authority which involve the possibility of materially or adversely affecting the City Market development which Downtown Associates has undertaken; it is legally empowered to execute this Agreement and to borrow funds pursuant to the provisions of the Loan and such Loan will not conflict with or result in any breach of any of the provisions of, or constitute default under, or result in the creation of any lien upon the City Market under the provisions of any agree- ment or to which Downtown Associates is a party or by which it may be bound. 10. N(~IcEs. Ail communications under this Agreement shall be made to the City c/o the City Manager, Room 356, Municipal Building, Roanoke, Virginia 24011 and to Downtown Associates, c/o 3801 Electric Road, S. W., Roanoke, Virginia 24015, and to Dominion Bank, c/o International Division, P. O. Box 13327, Roanoke, Virginia 24040, or at such other address as the parties may from time to time designate by written notice given to the other parties. 11. GOVERIglNG LAW. This Agreement shall be governed by and be construed in accordance with Virginia law. 12..a~NDMENT$. This Agreement may be amended only by written amendment executed by the parties hereto. 13. EQUAL OPPORTUNITY. During the term of this Agreement, Downtown Associates agrees as follows: (a) Downtown Associates will not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, sex, except where religion, origin is a bona fide or national origin, sex, or national occupational quali- fication reasonably necessary to the nor- mal operation of Downtown Associates. Down- town Associates agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the pro- visions of this nondiscrimination clause. - 6 - (b) Downtown Associates, in all solicitations or advertisements for employees placed by or on behalf of the partnership, will state that it is an equal employment opportunity employer. (c) Notices, advertisements and solicitations placed in accordance with Federal law, rule or regulations shall be deemed sufficient for the purpose of meeting the requirements of this paragraph. (d) Downtown Associates will comply with the pro- visions of Executive Order 11246, entitled "Equal Employment Opportunity", as amended by Executive Order 11375, and applicable pro- visions of Title VI of the Civil Rights Act of 1964, Section 109 of the Housing and Community Development Act of 1974, as amended, and Title VIII, Fair Housing, of the Civil Rights Act of 1968. 14. RECORDS. Downtown Associates shall maintain all of its records pertaining to this Agreement and the Loan for a period of three years after the Loan has been repaid. The City, the United States Department of Housing and Urban Development, the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers and records of Down- - 7 town Associates which pertain to this Agreement and the Loan, for the purpose of making audit, examination, excerpts, and transcriptions. 15. JOB RETENTION. The Loan is expressly made sub- ject to Downtown Associates ensuring that a minimum of fifty (50) persons are employed in the City Market during the term of the Loan. The City shall have the right to demand pay- ment in full of the Loan at any timne that it determines, in its sole judgment, that fewer than fifty (50) persons are employed in the City Market. Downtown Associates agrees to furnish the City with dooumentation of such employment, promptly upon request. 16. LOW AND MDDERATE INCOME POSITIONS. Downtown Asso- oiates shall ensure that during the term of the Loan, a minimum of fifty-one percent (51%) of the jobs in the City Market shall be held by, or be made available to low or moderate income persons, as defined by the CDBG regulations of the United States Department of Housing and Urban Develop- ment. Downtown Associates agrees to furnish the City with documentation of the employment of such persons in such positions, promptly upon request. 17. MINORITY BUSINESSES. Downtown Associates agrees to continue its efforts to utilize and to lease space within the Market Building to qualified minority-owned businesses. 18. FLOOD INSUP,,A~CE. Downtown Associates agrees during the term of the Loan to carry flood insurance on the City Market, in compliance with the flood insurance purchase re- quirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (Public Law 93-234), and to encourage its ground- floor tenants to do also. Downtown Associates agrees to furnish the City with documentation that this requirement has been fulfilled prior to the closing on the Loan. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement the day and year first above written: ATTEST: CITY OF ROANOKE Mary F. Parker, City Clerk By W. Robert Herbert, City Manager Witness: Witness: DOWNTOWN ASSOCIATES By (SEAL) Elbert H. Waldron, Partner By (SEAL) Horaoe G. Fralin, Partner ATTEST: DOMINION BANK, N.A. By Title: - 9 - NOTE DOWNTOWN ASSOCIATES Amount: $962,000 Date Downtown Associates, a Virginia general partnership, hereby pro- mises to pay, upon demand, to the City of Roanoke, a Virginia munici- pal corporation (the "City"), the principal sum of NINE HUNDRED SIXTY- TWO THOUSAND DOLLARS ($962,000.00) which has been advanced this date to Downtown Associates by the City under the Short-Term CDBG Float Loan Agreement dated , 1987, by and among the City, Downtown Associates, and Dominion Bank National Association (the "CDBG Float Loan Agreement"), as evidenced by this Note, which sum shall be paid to the City in full not later than , unless the City shall have demanded payment prior to this date, and been paid in full. Downtown Associates shall pay the City interest beginning on the date of this Note at the rate of three percent (3%) per annum on the amount of the principal remaining unpaid. Interest only shall be due and payable quarterly in arrears beginning 1987. Payment shall be made in legal tender at the Offices of the City's Director of Finance, Room 461, Municipal Building, 215 Church Avenue, Roanoke, Virginia, or, at the option of the holder, in such manner and at such other place in the City as the holder shall have designated in writing to Downtown Associates. This Note is issued pursuant , 1987, by and among ates, and Dominion Bank, National to the CDBG Float Loan Agreement dated the City of Roanoke, Downtown Associ- Association. Downtown Associates shall use the proceeds hereof solely for purposes related to the refinancing of the rehabilitation and redevelopment of City Market Building, and such proceeds shall not be put to any other use. This Note will be accepted by the City only if accompanied by a Letter of Credit from Dominion Bank National Association guaranteeing payment of the principal hereof upon demand by the City. The City shall have the right at any time to demand payment in full or in part of the principal, together with accrued interest, which shall be paid, with interest due, not later than ten (10) days after demand for such payment has been made upon Downtown Associates pursuant to the CDBG Float Loan Agreement. This Note can be prepaid without penalty at any time. This Note shall be governed by and construed in accordance with Virginia law. Witness our hand and seals the day and year first above written: Witness: Witness: DOWNTOWN ASSOCIATES (SEAL) Horace G. Fralin, Partner By (SEAL) Elbert H. Waldron, Partner EXHIBIT A BENEFICIARY: City of Roanoke Municipal Building, l~om 364 Roanoke, Virginia 24011 Atto: W. Robert Herbert, City Hanager DATE (~ ISSUE: .... EXPIRY DATE: .... ISSUING BANK: Da~INI0~ BANK, National Association International Division P.O. Box 13327 Roanoke, VA 24040 APPLICANT: Downtown Associates (with address) ISSUING BANK NO.: .... AMOUNT: US$962,000.00 We hereby issue this unconditional and irrevocable standby letter of credit in your (the beneficiary's) favor which is available against your drafts at sight drawn on Dominion Bank, National Association, Roanoke, VA bearing the clause: "Drawn under Dominion Bank, National Association credit no. (as indicated above), accompanied by the following documents: Your signed declaration signed by the City Hanager, or other authorized officer of the City of Roanoke addressed to Downtown Associates (with address) stating: ~/e certify that the City of Roanoke has made demand of Downtown Associates for the repayment in whole or in part of the sum advanced Do~rato~n Associates in accordance with the Short-Term CDBG Float Loan Agreement dated , 1987, and the Note executed in accordance therewith, and that such sum has not be paid." Drafts drawn under this standby letter of credit must be accompanied by the original standby letter of credit. We hereby undertake to honor all sight drafts, presented to us by the beneficiary, as set forth above, notwithstanding any fact, condition, circumstance or occurrence, including without limita[ion: any request or demand on the part of Downtown Associates; any claim or assertion on the part of Downtown Associates that there exists some circumstance which would constitute a defense thereto; or any financial condition on the part of Downtown Associates. ~ Authorized Signature EXHIBIT B November 4, 1987 File #20 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 28852, authorizing the exe- cution of an agreement among the City, the Corr~onwealth of Virginia, and the Norfolk and Western Railway Company for the installation and maintenance of a railway crossing safety device at the Berkley Road, N. E. crossing, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 2, 1987. S incere ly ,~..~ ~.A~ _~ . ~~ Mary F. Parker, CMC City Clerk MFP:ra Enco pc: Mr. Don Dodson, Department of Engineering, Norfolk and Western Railway Company, 8 North Jefferson Street, Roanoke, Virginia 24016 Mr. Wilburn Co DibIing, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Mr. William M. Mullins, Manager, Signals and Alarms Roo~n 456 Municil~al Building 215 (D~urch Avenue, S.W. Roono/~e, Vlrg~nlo 2,~1011 (703) 981-25~1 IN THE COUNCIL OF THE CITY OF ROANOKE, The 2nd day of November, 1987. No. 28852. VIRGINIA, A RESOLUTION authorizing the execution of an agreement among the City, the Commonwealth of Virginia, and the Norfolk and Western Railway Company for the installation and mainte- nance of a railway crossing safety device at the Berkley Road, N. E., crossing. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager and the City Clerk be and they are hereby authorized, for and on behalf of the City, to exe- cute and to seal and attest, respectively, an agreement by and among the City, the Commonwealth of Virginia, and the Norfolk and Western Railway Company for the installation and maintenance of a railway crossing safety device at the Berk- ley Road, N. E., crossing, for the consideration and upon the terms and conditions set out and of the City Manager dated November 2, to be in such from as is approved by described in the report 1987; such agreement the City Attorney. ATTEST: City Clerk. November 4, 1987 File #60-20 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 28851, amending and reor- daining certain sections of the 1987-88 Capital Fund Appropriations, providing for the transfer of $4,842.00 from Capital Improvement Reserve - Streets and Bridges Account No. 008-9575-9181, in connection with the installation of safety devices at the Berkley Road, N. E., railway crossing, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 2, 1987. Sincerely, Mary F. Parker, CMC City Clerk MFP: ra Enco pc: Mr. Mr. Mr. Mr. W. Robert Herbert, City Manager William F. Clark, Director of Public Works Charles M. Huffine, City Engineer William M. Mullins, Manager, Signals and Alarms Room 456 Municipal Building 215 C~urch Avenue, 5.W. Roonoke, Virginia 2401 t (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of November, 1987. No. 28851. AN ORDINANCE to amend and reordain certain sections of the 1987-88 Capital Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1987-88 Capital Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Streets and Bridges $ 8,556,668 Berkley Road - City/State/N & W Agreement (1) ...... 4,842 Capital Improvement Reserve 49,780,953 Capital Improvement Reserve - Streets & Bridges (2) 677,742 (1) Appr. from Gen. Revenue (2) Streets & Bridges (008-052-9584-9003) $ 4,842 (008-052-9575-9181) (4,842 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk Roanoke, Virginia November 2, 1987 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: City - State - Railway Agreement - Berkley Road, N.E. Project: U000-128-S19, FS-701 Railway Crossing Safety Devices I. Back~round on this subject is: City Council, at its meeting on October 5, 1987, requested that the Virginia Department of Transportation (VDOT) program a project for installation of safety devices at Berkley Road, N.E., railway crossing (Resolution No. 28807). Be Safety devices, consisting of flashing signals and short arm gates to be installed by the Norfolk & Western Railway Company would improve the safety for the increasing number of motorists and pedestrians crossing this railway. II. Current situation of this subject is: VDOT is ready to authorize the Norfolk and Western Railway Company to begin installation of the safety devices at the railway crossing on Berkley Road, N.E. B. City must execute the attached City-State-Railway Agreement before such authorization can be given by the VDOT to the Railway. C. City share of cost for this project: 1. Is estimated at $4~535.00 (5% of estimated project cost of $90~700 - attached to agreement). Includes $615.00 for annual maintenance of safety devices (50% of maintenance cost of $1~230.00), which rate shall be adjusted at the end of any calendar year if deemed proper and agreed upon by the Railway and the City. This is a standard main- tenance agreement for such crossings. III. Issues in order of importance are: A. Funding B. Safety IV. Alternatives in order of recommendation are: A. Execution of the City-State-Railway A~reement and providing the necessary funds. Fundin~ for the City's share of this project in the amount of $4,535.00 is available in Capital Improvement Reserve - Streets and Bridges Account No. 008-052-9575-9181. The $615.00 annual maintenance fee will be funded from the Signals and Alarms Department's operating budget. 2. Safety of motorists and pedestrians crossing the railway on Berkley Road, N.E. would be improved. Rejection of City-State-Railway A~reement and proceed to reimburse VDOT for 100% of all expenditures to date in accordance with Resolution No. 28807). 1. Fundin~ required to reimburse expenditures by VDOT to date is minimal. 2. Safety of motorists and pedestrians crossing the railway on Berkley Road, N.E., would not be improved. V. Recommemdation is that City Council: Authorize the City Manager, in a form acceptable to the City Attorney, to execute the City-State-Railway Agreement on behalf of the City. WRH/RKB/hw Attachment: cc: Transfer $4~842.00 (estimated cost plus contingency) from Capital Improvement Reserve - Streets and Bridges Account No. 008-052-9575-9181 to an account to be established by the Director of Finance. Respectfully submitted~, W. Robert Herbert City Manager City-State-Railway Agreement City Attorney Director of Finance Director of Public Works City Engineer Manager, Signals and Alarms Berkley Road Norfolk andWestern Railway Installation of Flashing Light Signals and Short Arm Gates City of Roanoke THIS AGREEMENT, dated this day of , 1987, between the COMMONWEALTH OF VIRGINIA, acting by and through the Deputy Commissioner of the Virginia Department of Transportation, hereinafter called '~tate", the CITY OF ROANOKE, a municipal corporation of the Commonwealth of Virginia, hereinafter called "City", and the NORFOLK AND WESTERN RAILWAY COMPANY, a Virginia corporation hereinafter called "Railway". WITNESSETH THAT: WHEREAS, it is proposed by the parties hereto to install flashing light signals and short arm gates at the crossing of Railway and Berkley Road in the City of Roanoke, Virginia, DOT No. 468-558B; and WHEREAS, Title 23, United States Code "Highway Safety Act of 1982", including amendments and revisions thereof, has become effective providing part of the funds for the construction of the warning devices such as contemplated herein; and WHEREAS, the said parties wish to agree as to the manner of carrying out the requisite work, the costs and expenses to be borne by each and the mode and time of payment therefor. NOW, THEREFORE, in consideration of the premises and the mutual covenants hereinafter set forth, the parties hereto covenant and agree as follows: ~ 1. Railway will perform with its own forces or cause to be performed all of the work for the installation of flashing light signals and short arm gates in accordance with plans for same prepared by Railway and made a part of this Agreement by reference, no changes in said plans to be made without approval of State, together with such other plans and specifications as may be agreed upon by the parties hereto as necessary to carry out the work fully in accordance with the intent of this Agreement and in accordance with good engineering practices. $ 2. The flashing light signals and short arm gates, together with all necessary attachments and track circuits to be installed, shall be of a type approved by the Federal Highway Administration and shall be automatic and operative without attendants. ~ 3. Railway shah furnish an estimate for the aforementioned work, said estimate in the amount of $90,700.00, shall meet the approval of State and City and upon such approval shall become a part of this agreement, attached hereto. ~ 4. In accordance with Federal-Aid Highway Program Manual, Volume 6, Chapter 6, Section 2, Subsection 1, Paragraph 6(b)l and revisions and supplements thereto~ this Project is not deemed to be of any benefit to Railway and therefore no participation shall be required of Railway to Project Expense. It is understood that the construction of the Project herein contemplated is to be financed from funds provided by the Federal Government, the State and the City and expended under Federal regulationsl all plans, specifications, general are subject at all times to Federal taws, rules and regulations, orders and approvals applicable to Federal projects of the character herein contemplated. Railway shall render its bills for actual costs and expenses incurred by it on account of the Project in accordance with Federal-Aid Highway Program Manual, Volume 1, Chapter 4, Section 3 of the Federal Highway Administration and rev[sions and supplements thereto. State agrees to promptly pay Railway's bills upon receipt thereof. Any items paid Railway by State and not approved by the Federal Highway Administration in accordance with Federal regulations in their final audit will be promptly refunded State by Railway upon submission of the items so disapproved. ~ 5. After the said flashing light signals and short arm gates, together with all necessary attachments and track circuits, have been installed and found to be in satisfactory working order by the parties hereto, same shall be put into service by Railway and shall thereafter be operated at said crossing so long as Railway shall operate its railroad at said crossing or until said crossing is abandoned or legal requirements or authority make it unnecessary to continue operation and maintenance of the flashing light signals and short arm gates thereat. Maintenance of the flashing light signals and short arm gates and appurtenances shall be performed by Railway at the joint expense of Railway and City. It is agreed by Railway and City that the current annual rate of contemplated is $1,230.00 per annum, of which the City's share will be $615.00 per annum, which rate shall be adjusted at the end of any calendar year if deemed proper and agreed upon by Railway and City. Railway shall bill City for the first annual period of maintenance on a pro rata basis, beginning on the date on which the installation is reported completed; thereafter, Railway shall bill City annually as of December 31 of each year for its 50% portion of the maintenance cost of the protective devices covered herein and City agrees to pay Railway such portion of cost within sixty (60) days after receipt of the bill therefor. S 6. This Agreement when properly executed shall be binding upon the parties hereto and their respective successors and assigns. IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed in triplicate, each by its duly authorized officers and the corporate seals of the Norfolk and Western Railway Company and the City of Roanoke affixed hereto, all as of the day, month, and year hereinabove first written. COMMONWEALTH OF VIRGINIA Department of Transportation By Deputy Commissioner ATTEST: CITY OF ROANOKE (CORPORATE SEAL) ATTEST: By. (CORPORATE SEAL) ATTEST: NORFOLK AND WESTERN RAILWAY COMPANY -3- 1. Material Purchase 8. Sales Tax 3. Handling Material 4. ~ransportation of Material 5. Preliminary Engineering 6. Construction Engineering 7. Direct Labor 8. Accounting 9. Holidays 10. Vacation 11. H&W Group Life Insurance Norfolk & Western Rwy. Co. FEDERAL AID SUMMARY 46,608 + Stock .0500 x 1 at Store .0500 x 1 Lump Sum .0350 x i & 7 .8883 x 7 Lump Sum .0800 x 7 .0310 x 7 & 8 18. Payroll Taxes R.R. & R.U.T. 13. Supplemental Pension 14. Insurance E.I., P.L. & P.D. Rev.1984- i5. Personal Expenses 16. Use of Equip. .0881 x 5, .1141 x 5, 6, .1790 .0880 x 5, 6, 7 & 8 7 & 8 7~ 8, 9 7 & 8 .0395 x .3888 x 7 .8618 x 7 7, 8 & I0 Rev.05-07-86 $46,608 8,330 8~330 699 2,107 3,839 13,600 878 430 1,746 2,861 10 3,937 436 769 5,888 3,558 17. Contingencies SUB TOTAL Lump Sum TOTAL Less Credit for Material Released GRAND Office of Assistant Vice President - S & E Roanoke, Virginia File: 61-13.335Project: Roanoke, Va. Date: 07/10/87 Berkley Rd. Valid Until: 18-31-88 DOT 468 5588 Prepared by: PDM TOTAL $90,804 496 $90,700 0 $90,?00 Install FLGS at M.P. 854.3 PRODUCED ON IBM PC November 4, 1987 File #60-236-304 ~Ir. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 28853, amending and reor- daining certain sections of the 1987-88 Grant Fund Appropriations, providing for certain appropriations and revenue adjustments in connection with the close-out of Youth Services Grant No. 86-I-7, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 2, 1987. Sincerely, ~~ Mary F. Parker, CMC City Clerk MFP:ra Enc. pc: Mr. Mr. Ms. W. Robert tterbert, City Manager James D. Ritchie, Director of Human Resources Marion V. Crensbaw, Youth Planner Roorn456 MuniclpalBuildlng 215 Church Ave~ue, S.W. Roor',:~e, VIrg~nla24011 (703)981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, lhe 2nd day of November, ]987. No. 28853. AN ORDINANCE to amend and reordain certain sections of the 1987-88 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 1987-88 Grant Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, ApDropriations Health and Welfare Youth Services Grant 86-I-7 Revenue Health and Welfare Youth Services Grant 86-I-7 in part: (1-7) .................. 130,685 43,803 130,685 43,803 1) Reg. Employee Wages 2) Overtime Wages 3) ICMA 4) FICA 5) Life Insurance 6) Admin. Supplies 7) Training & Devel. 8) State Grant Revenue 035-052-8724-1002 035-052-8724-1003 035-052-8724-1115 035-052-8724-1120 035-052-8724-1130 035-052-8724-2030 035-052-8724-2044 (035-052-8724-7002 $(847) 27 11 190 5 304 ( 4 ( 314 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk ¢,~ oF .o^.o~z. VA. November 2, 1987 FROM: SUBJECT: Honorable Mayor and Members of City Council Joel M. Schlanger Close-out of Youth Services Grant 86-I-7 The Youth Services Grant 86-I-7 ended on June 30, 1987. Funding and expenditures for this grant were as follows: Funding Expenditures Unexpended State Roanoke Total $33,811.00 $10,306.00 $44,117.00 33,497.00 10,306.00 43,803.00 $ 314.00 $ --- $ 314.00 The total appropriation for this grant was $44,117.00. Actual funding received was $44,117.00 and total expenditures were $43,803.00. Of funds received, $314.00 in State funds remain unspent and will be returned to the State. The Youth Services Grant provides the coordinated planning and program implementation of local youth-serving programs. The Office on Youth and the Youth Services Citizens Board have developed relationships with other youth-serving programs and agencies. Coordination and cooperation between these agencies benefits the youths of Roanoke with improved activities and programs. The Youth Services Citizen Board also conducted surveys and collected data for the Annual Comprehensive Recreation/Youth Development and Juvenile Delinquency Plan. Honorable Mayor and Members of City Council Page 2 November 2, 1987 Recommendations: Grant may now be closed. Unexpended funds of $314.00 be returned to the State. The following appropriation and revenue adjustments be enacted: (1) Regular Employee Wages (2) Overtime Wages (3) ICMA (4) FICA (5) Life Insurance (6) Administrative Supplies (7) Training and Development (8) State Grant Revenue 035-052-8724-1002) 035-052-8724-1003) 035-052-8724-1115) 035-052-8724-1120) 035-052-8724-1130) 035-052-8724-2030) 035-052-8724-2044) (R035-035-1234-7002) $ 847.00) 27.00 11.00 190.00 5.00 304.00 (4.O0) 314.00) JMS:dp Office c~ the Ory Oen~ November 4, 1987 File #27 ~ir. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: A report of the Water Resources Committee recommending that the City make no applications for Virginia's proposed fiscal year 1988 Revolving Loan Program for Wastewater Facilities, was before the Council of the City of Roanoke at a regular meeting held on Monday, November 2, 1987. On motion, duly seconded and adopted, Council concurred in the recommendation. Sincerely, Mary F. Parker, CMC City Clerk MFP:ra E~c. pc: Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Steven L. Walker, Manager, Sewage Treatment Plant Room 456 Municipal Building 215 C?nurch Avenue. S.W. Roanoke. Vlrg~nia 2401 t (703) 981-2541 Roanoke, Virginia November 2, 1987 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Virginia Water Facilities Revolving Fund - Public Hearings by the SWCB Regarding Loan Applications The attached staff report was considered by the Water Resources Co~nittee at its meeting on October 26, 1987. The Committee recommends to City Council that the City of Roanoke make no applications for Virginia's proposed FY 1988 Revolving Loan Program for Wastewater Facilities. Any future applications will depend on the timeliness of a specific project readiness and the State's history, as it may develop, regarding interest rates. ETB:KBK:afm Attachment cc: City Manager City Attorney Director of Finance Respectfully submitted, EliZabeth T. Bowles, Chairman Water Resources Committee I~'r~d~DEPAI~ C~'NI CATION DATE: TO: October 19, 1987 M~m~sl~a~er Resources Conlmittee thru~langer thru ~. Herbert K. B. Kiser ~,~,~ SUBJECT: Virginia Water Facilities Revolving Fund - Public Hearings by the SWCB Regarding Loan Applications I. BackKround: The Virginia Water Facilities RevolvinK Fund was established by the General Assembly in 1986. Purpose of the revolving fund is to replace both Federal and State sewage facilities construction grant programs by administering a federal revolving loan program and adding a 20% State matching loan program. Revolving Fund program is anticipated to be initiated with $45 million in federal funds and $10 million in State matching funds. Do No pro.~ect can be funded by a revolving fund loan unless that pro.]ect is on the State approved eligible list. The Virginia State Water Control Board (SWCB) has developed mn approved pro~ect eligible list totaling $2~039,805,963. The City of Roanoke is on that approved list for a total funding need of $50~000~000. This funding is projected to meet the $32,000,000 identified by the 1987 Sewerage Facilities Plan plus $18~000,000 in the sanitary sewer system improvements. Fo Solicitation of loan application has been made by the SWCB by letter dated October 16, 1987. Pro~ects are ranked on criteria established by the SWCB to determine their ranking. Roanoke is ranked 9th out of 359 projects. Ho Loans must be repaid at market interest rates or lower. The actual rate is subject to negotiation and depends on the cozmmunity financial stress factor as established by JLARC. Loan agreements will require con~nitments on sewage rates and appropriate bonds or notes of the local ~overnm,nt payable to the Fund. Page 2 II. Current Situation: City of Roanoke needs to decide if it wishes to apply at this time for a loan from State and (through the State) Federal revolving funds. Public Hearings will be conducted by the SWCB on November 23 and November 30, 1987 on the loan application received. 1987 Sewerage Facilities Plan has not been approved by the State, however, approval was requested some months ago. No City of Roanoke pro.~ects are designed, much less ready for construction. Eo Ultimately~ dependin~ on the interest rate available, it may or may not be in the City's interest to accept a loan although an application may be made and interest rate negotiated for comparison and decision purposes. III. Additional Information regarding the Virginia Water Facilities Revolving Fund Program is available in the Office of the Director of Finance. IV. Recommendation: Committee recomend to City Council that the City of Roanoke make no applications for Virginia's proposed FY 1988 Revolving Loan Program for Wastewater Facilities. Any future applications will depend on the timeliness of a specific project readiness and the State's history, as it may develop, regarding interest rates. KBK:afm cc: City Attorney November 4, 1987 File #2? Aaron J. Conner General Contractor, P. 0. Box 6068 Roanoke, Virginia 24017 Inco Ladies and Gentlemen: I am enclosing copy of Ordinance No. 28858, accepting your bid for construction of Witliamson Road Storm Drain, Phase 2, Contract II-A and Williamson Road West Sanitary Sewer, in the total amound of $1,498,057.35, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 2, 1987. Sincerely, Mary F. Parker, CMC City Clerk MFP: ra pc: Mr. Mr. Mr. Mr. Ms. Mr. Ms. W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney William F. Clark, Director of Public Works Charles M. tfuffine, City Engineer Sarah E. Fitton, Construction Cost Technician Kit B. Kiser, Director of Utilities and Operations Delores C. Daniels, Citizens' Request for Service Room 456 Municipal BuJldtn(j 215 ~urch A',~nue, $.W. P, oano~e, Vlrg~nla 24011 (703) 981-2541 O~¢e c~ ~he Q~y November 4, 1987 File #27 Ramey, Inc. P. O. Box 11840 Winston-Salem, North Carolina 27116-1184 PriIlaman & Pace, Inc. 830 Brookdale Road MartinsviIle, Virginia 24112 F. L. ShowaIter, Inco P. O. Bo~ 11525 Lynchburg, Virginia 24506 Ladies and Gentlemen: I am enclosing copy of Ordinance No. 28858, accepting the bid of Aaron J. Conner General Contractor, Inc., for construction of Williamson Road Storm Drain, Phase 2, Contract II-A and Williamson Road West Sanitary Sewer, in the total amount of $1,498,057.35, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 2, 1987. On behalf of the City of Roanoke, I would like to express appre- ciation for submitting your bid on the abovedescribed project. Sincere fy, Mary F. Parker, CMC City Clerk MFP:ra Eric. Room456 MuniclpalBuilding 21503urchAve~ue, S.W. Roanoke, Virgr~la24011 (703)98%2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 2nd day of November, ]987. No. 28858. VIRGINIA, AN ORDINANCE accepting the bid of Aaron J. Conner General Contractor, Inc., for construction of Williamson Road Storm Drain, Phase 2, Contract II-A and Williamson Road West Sanitary Sewer, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of Aaron J. Conner General Contractor, Inc., made to the City in the total amount of $1,498,057.35 for construction of Williamson Road Storm Drain, Phase 2, Contract II-A and Williamson Road West Sanitary Sewer, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered said bidder, which bid is on file in the Office of the City Clerk, be and is hereby ACCEPTED. 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefor and the City's specifica- tions made therefor, said contract to be in such form as is approved by the City Attorney, and the cost of said work to be paid for out of funds heretofore or simultaneously appropriated by Council. S. Any and all other bids mde to the City for the aforesaid work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordi- nance shall be in full force and effect upon its passage. ATTEST: City Clerk. November 4, 1987 File #80-27 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 28857, amending and reor- daining certain sections of the 1987-$8 Capital and Sewage Funds Appropriations, by appropriating $434,?24°00 from the Sewer Fund, Previous Years' Retained Earnings to a new project account to be designated by the Director of Finance, in connection with the award of a contract to Aaron J. Conner General Contractor. Inc., for construction of Williamson Road Storm Drain, Phase 2, Contract IIA, and Williamson Road West Sanitary Sewer, in the total amount of $1,498,057.35, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 2, 1987. ~""~ ~ ~'SincereIy' Mary F. Parker, CMC City Clerk MFP:ra pc: Mr. Mr. Mr. Ms. Mr. Ms. W. Robert Herbert, City Manager William F. Clark, Director of Public Works Charles bi. Huffine, City Engineer Sarah E. Fitton, Construction Cost Technician Kit B. Kiser, Director of Utilities and Operations Delores C. Daniels, Citizens' Request for Service Room 456 Municipal Building 215 G'~urch Av~'~ue. S.W. Roanoke, "~rgr, la 24Ot I (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of November, 1987. No. 28857. AN ORDINANCE to amend and reordain certain sections of the 1987-88 Capital and Sewage Funds 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 1987-88 Capital and Sewage Funds Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: Capital Fund Appropriations Sanitation Williamson Road Storm Drain Ph 2, Cont. Capital Improvement Reserve Public Improvement Bonds - Series 1985 IIA (1) .... (2) ......... $12,182,344 1,213,139 48,572,656 4,510,984 Sewage Fund Appropriations Capital Outlay Williamson Road Storm Drain Ph 2, Cont. IIA (3) .... Retained Earnings Unrestricted Retained Earnings (4) ................. 1) Appr. from Bonds (008-052-9557-9001) $ 1,213,139 2) Storm Drains (008-052-9577-9176) (1,213,139 $ 3,424,669 434,724 12,297,583 3) Appr. from General Revenue 4) Retained Earnings- Unrestricted (003-056-8429-9003) 434,724 (003-3336) ( 434,724) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk Roanoke, Virginia November 2, 1987 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: SUBJECT: Bid Committee Report Williamson Road Storm Drain Phase 2, Contract II-A and Williamson Road West Sanitary Sewer I concur with the recommendations of the attached Bid Committee Report. Respectfully submitted, W. Robert Herbert City Manager WRH/ES/mm Attachment: Bid Committee Report cc: City Attorney Director of Finance Director of Utilities & Operations Director of Public Works Citizens' Request for Service City Engineer Construction Cost Technician Ronorable Mayor and Members of Council Roanoke, Virginia Roanoke, Virginia November 2, 1987 Dear Members of Council: Subject: Bid Committee Report Williamson Road Storm Drain Phase 2, Contract II-A and Williamson Road West Sanitary Sewer I. Back~round: Project is part of the on-going design and construction of the overall storm drainage system of the Williamson Road Area and represents the lower segment of a total of three segments now proposed for Phase 2. The middle and upper segments are now being designed and are being scheduled for construction. Segment begins at the intersection of Orange Avenue and Courtland Avenue and runs generally along Courtland to Forest Hill Avenue. Sections along Maddock, Noble, and Clover will be included as part of this project. Advantase will be taken of the primary storm drain excavation to update and replace numerous sections of old, deteriorated sanitary sewer pipe with new design pipe and thereby substan- tially reduce infiltration/inflow to the City system from the Williamson Road Area. This infiltration/inflow reduction is part of the program now being activated to reduce total infiltration/ inflow through the major interceptors to the Sewage Treatment Plant. By taking advantage of the excavated trench for the main storm sewer and paralleling the sewer replacement in the same trench, a substantial savings in the cost of the new sewer can be realized compared to the same cost if the sewer replacement were bid as a separate project. City Council received and publicly opened four (4) bids for the referenced project at 2:00 p.m., Monday, October 19, 1987, with Aaron J. Conner General Contractor, Inc. sub- mitting a low base bid of $1,498~057.35. E. City Coucil referred all bids to a bid committee to review and report back to Council with its recommendations. Page 2 II. Issues in order of importance: A. Compliance of the bidders with the requirements of the Contract Documents. B. Amount of low base bid. C. Funds for construction. III. Alternatives are: A. Authorize the award of a contract to Aaron J. Conner General Contractor, Inc. in the amount of $1~498~057.35 and establish a ten percent (10%) contingency fund for the project in the amount of $149,805.74. 1. Compliance of the bidders with the requirements of the Contract Documents was met. 2. Amount of low base bid is 22.7% below the engineer's estimate and is acceptable. 3. Funding is available in the 1985 Series Public Improvement Bonds, Storm Drain Category, Account Number 008-052-9577-9176 and the Sewer Fund Retained Earnings Account. B. Reject all bids and re-advertise at a later date. 1. Compliance of the bidders with the requirements of the Contract Documents would not be an issue. 2. Amount of low base bid would probably be higher if re- bid at a later date. 3. Funding for construction would not be expended at this time. IV. Recommendation is that City Council authorize the implementation of Alternative "A" as follows: A. Authorize the award of a unit price contract to Aaron J. Conner General Contractor, Inc. in the amount of $1~498~057.35 in a form acceptable to the City Attorney. B. Authorize the establishment of a ten percent (10%) con- tingency fund for the project in the amount of $149~805.74. Page 3 Appropriate the sum of $434,723.93 from the Sewer Fund, Previous Years' Retained Earnings to a new project account to be designated by the Director of Finance. Authorize the Director of Finance to transfer the sum of $1~213,139.16 from the 1985 Series Public Improvement Bonds, Storm Drain Category, Account No. 008-052-9577-9176 to a new project account to be designated by the Director of Finance. The combined appropriated funds and transfer funds shall be $1,647~863.09 including $1,498,057.35 contract amount and $149,805.74 contingency. E. Reject all other bids received. Respectfully submitted, William F. Clark ~AO/gS/mm Attachment: cc: Tabulation of Bids City Attorney Director of Finance Citizens' Request for Service City Engineer Construction Cost Technician Kit B. Kiser TABULATION OF BIDS WILLIAMSON ROAD STORM DRAIN PHASE 2, CONTRACT II-A Lower Segment and Williamson Road West Sanitary Sewer Bids publicly opened and read aloud on Monday, October 19, 1987 at 2:00 p.m. BID BOND BIDDER BASE BID RECEIVED Aaron J. Conner General Contractor, Inc. $1,498,057.35 YES Ramey, Inc. $1,999,006.80 YES Prillaman & Pace, Inc. $2,207,998.00 YES F. L. Showalter, Inc. $2,451,669.00 YES Engineer's Estimate: $1,938,000.00 ~'- William ~d, Chairman ~~~' ~ F. Clark Kit B. Kiser October 21, 1987 File #27 Mr. Robert A. Garland, Chairman ) Mr. William F. Clark ) Committee Mr. Kit B. Kiser ) Gentlemen: The following bids for the Williamson Road Storm Drain, Phase 2, Contract II-A, Lower Segment and Williamson Road West Sanitary Sewer Project, were opened and read before the Council of the City of Roanoke at a regular meeting held on Monday, October 19, 1987: BIDDER BASE BID TOTAL Aaron J. Conner General Ramey, Inc. Prillaman & Pace, Inc. F. L. Showalter, Inc. Contractor, lnc. $1,498,057.35 1,990,006.80 2,207,998.00 2,451,669.00 On motion, duly referred to you Council. seconded and unanimously adopted, the bids were for tabulation, report and recommendation to Sincerely, ~~ Mary F. Parker, CMC City Clerk MFP:ra cc: Aaron J. Conner General Contractor, Inc., P. O. Box 6068, Roanoke, Virginia 24017 Ramey, Inc., P. O. Box 11~40, Winston-Salem, North Carolina 27116-1184 Prillaman & Pace, Inc., ~30 Brookdale Road, Martinsville, Virginia 24112 F. L. Showalter, Inc., P. O. Box 11525, Lynchburg, Virginia 24506 Mr. Wilburn C. Dibling, Jr., City Attorney Room456 MunlcipalBuildlng 215 Church Ave~ue, S.W. Roanake, Virg~nia24CI11 (703)98t-2541 November 4, 1987 File #9 Mr. Charles D. Linenfelser Roanoke Aero Services Building 12 Unit 6 Roanoke Regional Airport Roanoke, Virginia 24012 Dear Mr. Linenfelser: On behalf of the members of Roanoke City Council, I would like to acknowledge receipt of 'A Formal Complaint by Charles Linenfetser," with regard to free enterprise at Roanoke Regional Airport, which document was distributed to the members of Council at a regular meeting held on November 2, 1987. On motion, duly seconded and unanimously adopted, the City Attorney was requested to review the complaint and make any com- ments or recommendations deemed appropriate; and the complaint was also referred to the Roanoke Regional Airport Conrnission for consideration. Sincerely, Mary F. Parker, CMC City Clerk MFP:ra pc: Mr. W. Robert Herbert, Chairman, Roanoke Regional Airport Corrgnission Mr. Lee Garrett, Vice-Chairman, Roanoke Regional Airport Com~nission, P. O. Box 29800, Roanoke, Virginia 24018-0798 Mr. Wilburn C. Dibling, Jr., City Attorney ~fr. Joel M. Schlanger, Member, Roanoke Regional Airport Co~rgnission Mr. Kit B. Kiser, lfember, Roanoke Regional Airport Commission Mr. Bob L. Johnson, Member, Roanoke Regional Airport Commission Mr. Robert C. Poole, Airport Manager Ms. Cathy S. Pendleton, Secretary, Roanoke Regional Airport Corrrnission Room 456 Municipal Building 215 C~urch Avenue, $.W. Roanoke, Virginia 240t I (703) 981-2541 Formal Complaint of Charles D. Linenfelser against Cit~ of Roanoke September 25, 1987 ROANOKE AERO SERVICES Aircraft Annuals & General Repair BUILDING '12 UNIT 6 i'"~OANOKE REGIONAL AIRPORT ~OANOKE, V~N~ 240~2 (703) 563-52~2 Mr. William A. Whittle, Mgr. AirportsrDistricts Office Federal Aviation Administration ADCA-600 900 South Washington St. Falls Church, VA 22046 Dear Mr. Whittle: I wish to register a formal complaint under Federal Aviation Regulations Part 13 in regards to the Roanoke Regional Airport. After eight years of providing aircraft maintenance service for the general aviation community here at the Roanoke Regional Airport, with almost constant resistance from the airport officials, I have been evicted. I started doing maintenance at the Roanoke airport in January of 1981 because of a lack of affordable maintenance being available here at Woodzum Field. Initially I began working for Evans Aero to fill a gap left when Air Transports Association discontinued providing '? maintenance for the flight school and others. This only left Piedmont Aviation Inc. to fill the needs of all the general aviation users. Piedmont Aviation is staffed with what I feel are very qualified m'in- tenance personnel, but it has been very apparent to the users here at Woodrum Field that they cater to the larger corporate aircraft. This leaves the smaller aircraft owner looking for services elsewhere. As a matter of fact when I was approached to serve the airport community several owners were taking their aircraft off the field to other a/r- ports to ~et them maintained. This was certainlv the case with Evans Aero when the only viable maintenance facility discontinued doing air- craft repairs and inspections. I have been told of people flying questionable airworthy aircraft off the Roanoke Airport to seek repairs elsewhere simply because of prohibitive repair costs charged by Pied- mont Aviation. After working for Evans Aero a short while, others inquired if I would be interested in providing maintenance for them. Among these users were a variety of different people including Mr. Wesley Hill.mn, owner of Hillman Flying Service at that time. After working at the airport for one year and seven months the airport manager delivered a letter stating that effective immediately I was to cease operations at the airport. Also Mr. Poole delivered a letter to Mr. Evans of Evans Aero Service stating that if I continued that his contract would be cancelled. I asked Mr. Poole what brought this action about. His reply was that he was responding to a complaint against me. I asked him who was making this complaint and he said he would rather not mention any names. I pressed him further as to the identity of the complainant stating that this should be public knowled He said,"You know who it is." When he still did not answer I asked him specifically if it was George Litchard of Piedmon~ Aviation. He told me that it was. Upon receiving this notice I hired an attorney to represent me in this issue. My attorney felt, as of course I did, that Piedmont Aviation had, and has had a monopoly here at the airport. When Pied- mont opened their new facility in November of 1975, they entered into a contract with the City of Roanoke that closely parallels the city ordinance regulating the aeronautical activities at the airport. It is my further understanding that this agreement was sent back from the FAA several ~imes for modification because of the restrictive nature of the wording dealing with issues that were considered too restrictive by either the FAA or the airport users. One example was the elimina- tion of the right to survivorship of a business. Also I believe the wording of the contract stated that an existing business could not be sold. Of course this only goes to prove the intentions to create a monopoly here at the airport. The sad truth of the matter is that Piedmont Aviation is not really interested in the plight of the general aviation user here at the Roanoke airport. On many occasions out of town transients came to me after being told by Piedmont Aviation that there would be a long wa/ before they could attend to their needs. On one occasion a pilot came to me after landing in Roanoke with an aircraft having a severe engine malfunction. Re asked the service manager if they would look at it foe him and they told him that they did not work on junk. I know that this is strong language but it is a fact. While my attorney was addressing these issues I continued doing business by having my customers sign lease back agreements with Evans Aero in order to to be legal in my maintenance activity. For some reason that is still confusing to me, Mr. Poole seemed to take more than a normal interest in seeing that I was kicked off of the field. I was told by some of my customers that he and one of his subordinates were calling my customers at their homes and telling them that I was illegal to do business at the airport and that they were putting themselves in jeopardy. To cap it off he was said to have made a wager of a steak dinner to one of the FBO'S that I would be off of the field by Thanksgiving. When I approached him about making that statement, his reply was that he had been goaded into making that remal The only conclusion that I could possibly come to concerning his approE to me is that either he has a distinct dislike for me or he has some concern about competition with Piedmont Aviation. I wish to cite some examples of harassment employed by one of the local Piedmont managers. While trying to purchase some aircraft parts here at Roanoke, the parts manager informed me that my account was COD. I inquired as to why this had come about. And the only reason the parts manager rendered was it was because of orders from headquarters(meaning Mr. George Litchard). I told the parts manager that I was going to approach Mr. Litchard immediately and get the reason. I confronted Mr. Litchard with the question as to why did he put me on a COD basis and his reply was that he was not going to be my parts warehouse nor was he going to finance them. My response to him was that I had always enjoyed a good credit standing with Piedmont Aviation and that he had no reason to take away my credit simply because I was doing business on the airport against his wishes. After a few exchanges of contrasting views I asked him to put his previously stated views on paper. Then he called the parts counter and reversed his order. On another occasion while having some engine work performed at Piedmont Aviation in Winston-Salem, N.C., one of the employees was finishing up the invoice for the parts and services that I had requested and asked how I wanted to pay for them. I replied that I had an open account in the Roanoke branch and that I would like to pay by check. He said that he did not have a record of my account there and that he would get the ok to process my check from the Roanoke branch. While he was on the telephone with one of the secretaries in Roanoke, George Litchard interceded the conversation and told the person that I was dealing with that he did not recognize me as a dealer and therefore not to extend me the normal 25% discount. After the telephone conver- sation ended the gentleman told me that because of the late hour, Fri- day afternoon, I would have to take up the issue Monday with the manage- ment. Well two years went by and no discount was accorded me. It was not until after the two years when an outside parts sales- man from Piedmont was calling on me to purchase aircraft parts, that he managed to get his company to refund me $300.00. This was because I told him that under no circumstances would I ever buy any parts from Piedmont until I received my discount that George Litchard deprived me of. I feel the reason that Piedmont refunded the $300.00 was that I showed Mr. Shore, their Field Representative, invoices from their com- petitors showing thousands of dollars of merchandise that I was pur- chasing elsewhere. I mention these occur=ences to. illmstrate the underhanded tactics employed by both the airport manager and the Roanoke branch of Piedmont Aviation. I want to mention one other occurrence that happened but first I would li~e to clear up a possible misconception as to my deal- ings with Piedmont Aviation. Unlike the Roanoke branch, the dealings I've had with Piedmont elsewhere have been on a completely different plane. The people with Piedmont in Winston-Salem have accorded me a very cordial attitude in all my business in the past. Ail of the parts salesmen in Winston-Salem have gone to great lengths to process my orders to them in a very courteous manner. It is really hard to believe that Roanoke is the same company. Getting back to the issue, I had an incident happen several years ago with a local businessman who also was on the Roanoke Airport Advisory Commission. He employed me to do some minor work on his per- sonal aircraft. Usually he had Piedmont do the work but for reasons unknown to me he requested that I do this job for him. Before I prop ceeded with the repair he requested that his aircraft be out of sight from the Piedmont facility. This gentleman is aa I la,e= tee=ned, was and to my knowledge, still is good friends with both Mr. George Litchard and Mr. Bob Poole. The reason that I mention this is because this 4 person made a recommendation which was adopted, that the city ordinance governing the airport be changed from a civil to a criminal offense for violation. This of course put one more obstacle in my way in trying to conduct my maintenance business at the airport. I feel one of the major reasons that the airport authD=ities left me alone for about a y~sr and a half, was because I was threatening to try and stop the federal funds for the runway extension. Sometime in 1984 the airport ordinance was modified from 40,000 square ft. total outside and 10,000 sq. ft. inside to 10,000 sq. ft. total outside and 5,000 sq. ft. inside. It is my understanding that there was considerable conflict between the city of Roanoke and Piedmont Aviation. Piedmont has a contract with the City Of Roanoke that closely resembles the wording of the city airport ordinance. It is also my understanding that Piedmont was threatening to sue the city and it is my feeling that the city felt that I had good cause to sue them and that this caused a compromise between the city and Piedmont. Furthermore, it is my understanding that one of the Vice-Presidents of Piedmont sent Mr. Kit Kiser a letter stating what would be accepted as a change in the ordinance. What I believe was stated in that letter was the change of the square footage as mentioned earlier and work would be all~ leen ina aircraft onl . This I believe is an obvious ~lagrant attempt to control the airport from competition. I feel that Piedmont was instrumental in the wording of the ordinance in 1975 when they built their new facility, and also in the drafting of the change in 1984. In February 1984 I moved from Evans Aero, Building 18 to Building 12, Unit 6. This facility was a T-Hangar with about 1200 square feet with an adjoining office of about 200 square feet. I have operated out of this facility until my eviction in April 1987. Without goinR into irrelevant details as-to'why I was evictedlby Mrf Georg6 Pitt~',-my land lord, suffice to say he was in my mind less than honest with his deal- ings with me and others. 0ne of the issues involved was the fact that I refused to do any of his aircraft maiamenmnne oe sign off any of his son's inspections. Going back in time to November 3, 1984, I was served a summons by one of the airport security officers alleging that I was in violation of the city code, ap. 4, Art. 3, Sec. 4~2--Failure to apply for a license as a Fixed Base Operator at the airport. Therefore I w~t to the city hall and applied for a business license and was givem one upon payment of $100.00. The next day a gentleman dressed in a business suit came by my place of business and identified himself as a city official and asked for the return of the business license given to me the previous day. I explained to him that I needed the license for my court date. He said that the license was no good. I asked him why he wanted something that was no good. He ~a~t and never returned. In December 1984 I went to court for this charge. The City did not show to prosecute me. On MaF 7 and May 13, 1985 I again was issued a summons for con- ducting maintenance in an area not approved by the airport manager. One of the aircraft that I was performing maintenance on belonged to a senior Piedmont captain. This was at the time unknown to the air- port manager. I believe that the word leaked out that this Piedmont captain, who was also summoned, was going to state in court when asked why he did not take his private aircraft to his own company for inspec- tions, his reply was that they were too expensive. On the da~ of she trial, July 8, 1985 the court nolo processed this summons. Also at the time all this was happening there was television and newspaper coverage on this issue, and Piedmont I'm sure did not want the unfavorable coverage. Also at that point in time Piedmont was re- ceiving a lot ofheat from the newspaper for cutting some of their jet service out of Roanoke. And there were complaints about the disparity of plane fares between Roanoke and Greensboro. So the climate was un- favorable to have my issue aired in 'the news media. Another incident happened to a client of mine when he responded to my request to come to a city council meeting and express his feeling about the need to have a more competitive atmosphere at the Roanoke airport. Well, he did stand before the city council members and stated his feelings about needing people like myself to provide services to the general aviation community. Well, he received a less than welcome feeling when he arrived at the Roanoke branch of Piedmont Aviation. He was informed by one of the senior secretaries that because of his support of me at city hall, he was to return all of the masters that Piedmont had given to do some printin~ for them. This client of mine is in the printing business here in Roanoke and has some four locati~ns, one of which did printing for Piedmont Aviation locally. He asked to speak to Mr. Litchard aad she told him that it would not be necessary to talk with him because he shared the same feel~u~s that she did. She said in essence that if you can't support us, than we can't support you. Of course he was shocked and outraged by this outrag~oum.-attitude so he decided to write to the President, Mr. William Howard , and ex- plain to him his treatment received. Mr. Howard stated that in no way did he condone that kind of attitude and since that time it is my under- standing that business couldn't be better for~him in regards to his printing business with Piedmont. The reason that I have elaborated to this degree about Piedmont Aviation is that they have a dominate presence here at the airport. And I feel that in many instances that the airport manager does their beck and call. Recently I was given a summons for conducting illegal maintenance at the airport. This suit was dismissed on the grounds that the city did not prove their case against me. Also, again I was informed by one of my customers that Mr. Bob Poole called him one,he telephone at home trying to intimidate him from bringing his aircraft to me for maintenance. I feel that there is a conspiracy by some of the people at the ai:port to keep honest competition off of the airport. The way thing~ are now, Piedmont enjoys a monopoly at the airport. It is not reason- able to require 5,000 square feet to work on a single engine aircraft. What is wrong with being small and providing individualized service? I've been doing this for eight years now. ~ven two of the city counsel- men have enjoyed the services that I provide. And one has told me that he thinks that I'm right in my endeavors at the airport. I feel that I have a distinct case of discrimination against Pied- mont and the City for a variety of civil issues. But quite frankly even if my intentions were to bring charges against them, I've been told by not one, but several attorneys here locally, that for political reasons they do not want to fight the city of Roanoke. I think in many instances what the city would like is to have prevail the best of both worlds. That is to ge:t all the federal money they can and run the airport the way they want withou:t regard to any other interests other than their awn selfish ones. Personally, I feel that the airport is dying a slowbut sure death. With the encroachment of shopping centers around its borders, it is just a matter of time that this will be the reason for its demise. Already we've had a small engine aircraft land in the Valley View parking lot because of engine failure. Can't people see how vital the airport is to the city's growth? Yet we seem to keep squeezing the airport borders with more population of people and businesses. Enclosed you will find several letters from my customers concerned with my cause. Also you will find a petition of more than 50 names stating the same. Mr. Whittle, General Aviation is suffering from many ills today, from the manufacturer to the end user. We are being legislated out of the air and off the airports. I know that General Aviation suffers from a distorted view by many of the non-flying public. I'm sure that many people share the feeling that all people who have airplanes are fat cats. This for sure is not the case in many instances. I see people flying today who have to save their money for more than two months ~ust to buy a couple of hours of aircraft rental. These people are trying to enjoy some of the pleasures in life such as flying, boating or playing golf. But if these unnecessary obstacles are placed in their way denying them affordable maintenance Or inspections which are mandated by the FAA, certainly these activities will dry up. Sometimes I wonder what people are thinking about when they place all of these unnecessary restrictions on the flying public. Certainly I am not advocating no laws or regulations, but it appears the cart has preceded the horse in many instances. Aviation was started by small groups of people dedicated to fostering the growth of aviation for all peoples to enjoy. Now that commercial aviation is to the point that it is, people seem to focus only on that segment with out realizing where its beginning. 7 was. Certainly a formula can be created to allow both General Aviation andCommercial Aviation to co-exist , without focusing on the problem with tunnel vision seeing the only solution o~ penalizing the small guy. Mr. Whittle, these people here on ~he airport need mechanics and inspectors like myself in order for them to keep flying. Having some- one like myself working out of a low overhead facility keeps the sparks of General Aviation alive. I feel confident if one would ask any of the people charged with running the Roanoke Regional Airport if they thought that there was discrimination going on, they would say no. But if this same person would sample the General Aviation Community here at Roanoke they would certainly receive a totally contrastin~ view from the city's response. Mr. Whittle, if it smells like fish, looks like fish and tastes like fish it certainly must be fish. And I say the same thing about discrimination here at the airport. Please review the issues I've brought bp and contact me soon regarding same. Sincerely, Charles D. Linenfelser