Loading...
HomeMy WebLinkAboutCouncil Actions 05-11-8728643 REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL May 11, 1987 7:30 p.m. AGENDA FOR THE COUNCIL Call to Order -- Roll Call· ~ pr~e~. The invocation will be delivered by the Reverend R. Kelly Dampeer, Pastor, Oakland Baptist Church· ~re~en~. The Pledge of Allegiance to the Flag of the United States of America will be led by Mayor Noel C. Taylor· Presentation by the Mayor. BID OPENINGS Ae Bids for construction of the Park Lane, S. W., Duplex Grinder Sewage Lift Station and Force Main. Fot~c bi~ w~Ae referred to a comm~ee composed of M~srs. G~and, Chairman, Kl~erand C~k. PUBLIC HEARINGS Public hearing on the request of Robert M. and Lynda H. Lyon that a 330~ foot portion of Eton Road, S. W., more specifically described as that portion of Eton Road, S. W., beginning at its intersection with Red Oak Lane, S. W., and running in a westerly direction to the southwest corner of the property designated as Official Tax No. $160202 and the northwest corner of property designated as Official Tax No. 5160204, be permanently vacated, discontinued and closed. Marc J. Small, Attorney. Adopted Ordinance No. 28643 on first reading. B. Public hearing on the request of Fralin and Waldron, Inc., for Medical Facilities of America LI, a Limited Partnership, that a certain tract of land containing approximately 3/10 of one acre, being a portion of Official Tax No. 1440321, and located between Maiden Lane and Windsor Avenue on the west side of Grandin Road, S. W., be rezoned from RD, Duplex Residential District, to C-1, Office and Institutional District, subject to certain proffered conditions· Robert F. Peck, Director of Development for Medical Facilities of America, Spokesman. Adopted Ordinance No. 28644 on first reading. (6-0, ^~. H~ve!! abstained from ~oting.) C. Public hearing to receive comments on an amendment to the City's three-year Housing Assistance Plan· W. Robert Herbert, City Manager. Adopted0rdinance No. 28645. (1) CONSENT AGENDA {Approved 7-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DIS- CUSSION OF THESE ITEMS· IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. C-1 C-2 C-3 Minutes of the regular meeting of Council held on Monday, April 13, 1987. RECOMMENDED ACTION: Dispense with the reading thereof and approve as recorded. A communication from Mayor Noel C. Taylor requesting an Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, corr~issions and com- mittees appointed by Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene in Executive Session to discuss personnel mat- ters relating to vacancies on various authorities, boards, corrgnissions and com- mittees appointed by Council, pursuant to Section 2.1-344 (a) (I), Code of Virginia (1950), as amended. Qualification of Robert C. Hudson as a member of the Advisory and Appeal Board, Air Pollution Control, for a term of four years ending December 31, 1990. RECOMi~NDED ACTION: Receive and file. REGULAR AGENDA Hearing of Citizens Upon Public Matters: None. Petitions and Communications: a. A communication from the Roanoke City School Board requesting the appropriation of $105,892.00 for the Alternative Education Program for 1987, and $3,000.00 for the Chess Program; and transfer of $19,538.00 for roof repairs at Fallon Park Elementary School. Adopted Ordinance No. 28646. (7-01 Reports of Officers: a. City Manager: Briefings: None. (2) 10· Items Recommended for Action: A report requesting authorization to pursue funding from the Department of Housing and Cor'~mnity Development through the Virginia Shelter Grants Program to allow TRUST to maintain its emergency shelter facilities· Adopted Ordinance No. 28647. b. Director of Finance: I. A report concerning the histor~ of City of Roanoke tax rate reductions· Ree~ved and filed. Reports of Committees: a. A report of the committee appointed to tabulate bids received for construction of Mud Lick Creek Sanitary Sewer - Phase I. Robert A. Garland, Chairman. Adopted Ordinance No. 28648 and 0rdinance No. 28649. Unfinished Business: None. Introduction and Consideration of Ordinances and Resolutions: Ordinance No. 28624, on second reading, adding a new §11-13, Monitoring; inspections; stop-work orders, to Chapter 11, Erosion and Sediment Control, Code of the City of Roanoke (1979), as amended· Adopted Ordinance No. 28624, (7-0) Ordinance No. 28627, on second reading, authorizing leasing of approximately 45,000 square feet of City property located at the Sewage Treatment Plant, upon certain terms and conditions. Adopted Ordinance No. 28627. {7-0) Ordinance No. 28629, on second reading, authorizing the proper City officials to enter into a Lease Agreement for the water from the Muse and House Springs upon certain terms and conditions. Adopted Ordinance No. 28629. {7~0) Motions and Miscellaneous Business: Inquiries and/or comments by the Mayor and members of City Council. Vacancies on various authorities, boards, corr~lissions and committees appointed by Council· Other Hearings of Citizens: (3) Office of the O~y CJenk May 13, 1987 File #178-236 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 26645, amending the City's Cor~nunity Development Block Grant Housing Assistance Plan; and authorizing you or the Assistant City Manager to file appropriate papers, if necessary, with the United States Department of Housing and Urban Development to effect such amend- ment to the City's Plan, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 11, 1987. Sincerely, Mary F. Parker, CMC City Clerk MFP:ra Enc, cc: Mr. Herbert D. McBride, Executive Director, Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017 Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director of Public Works Mr. Ronald H. Miller, Building Corrgnissioner/Zoning Administrator Mr. tt. Daniel Pollock, Housing Development Coordinator Ms. Marie T. Pontius, Grants Monitoring Administrator Room456 MunldpalBuildlng 215 C~urch Avenue, S.W. Roanoke, Vlrglnla24011 (703)981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, ? The llth day of May, 1987. No. 28645. AN ORDINANCE amending the City's Community Development Block Grant Housing Assistanee Plan; authorizing the City Manager or the Assistant City Manager to file appropriate papers, if necessary, with the United States Department of Housing and Urban Development to effect such amend- ment to the City's Plan; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City's Community Development Block Grant Housing Assistance Plan (HAP) current three-year period (1985-1988) goal of 200 existing housing subsidy housing units, as requested Council dated May 11, 1987. 2. The City Manager or units be amended by the addition of 100 in the report of the City Manager to the Assistant City Manager be, and they are hereby authorized to file such papers as may be necessary with the United States Department of Housing and Urban Development in order to provide for the aforesaid amendment to the City's Community Development Block Grant Housing Assistance Plan. 3. 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 May 11, 1997 Honorable Mayor and Members of Council Roanoke, Virginia Dear Members of Council: Subject: Amendment to the Housing Assistance Plan 15ackground A. Housing Assistance Plan (HAP) is _a required part of the Community Development Block Grant (~DBG) program which describes local housing conditions and sets quantitative goals for providing housing to low and moderate income residents. 1. Description o~f current housing stock is provided in the HAP. 2. Goals for providing housing assistance for a one-year period and for a three-year period are included in the HAP. 15. Entitlement communities must prepare a HAP according to statutory requirements to receive CDBG funds. 1. Roanoke City's HAP is used b_y_ HUD to monitor the City's provision of assisted housing, and to allocate ho--using assistance funds to the City. 2. Performance under the HAP is one factor considered by HUD in their annual grantee pecformance review. 3. HUD approves or disapproves assisted housing applications in the City based in part upon the goals in the HAP. II. Current Situation A. Roanoke Redevelopment and Housing Authority (RRHA) has been invited to apply for 71 units under the HUD Housing Voucher Program. 1. Vouchers provide rent subsidy for low and moderate income residents to rent existing housing of their choice. 2. Vouchers and similar programs help City .residents live in decent, safe and sanitary housing. 15. Current HAP (effective through September 1988) must be amended to provide for these additional units, and to provide for anticipated needs in the near future. May 11, 1987 Page 2 1. Current three year goal for existin~housing subsidy is 200 units. 2. City has received 169 units - including 100 units to provide for residents displaced by the 1985 floods. 3. RRHA has applied for 71 additional vouchers. #. Project self-sufficiency, if reactivated in near future, would provide 50 more rent subsidy vouchers that must be included in HAP. Proposed amendment to HAP increases three year goal o£ existing housing assistance from 200 units to 300 units. III. Issues: A. Applications for assisted housing in the City. 15. Provision of decent affordable housing to low-income citizens. C. Goal of eliminating substandard housing in the City. D. Cost to City. E. Financial Benefit to City. IV. Alternatives: A. Approve the amendment to the three-year HAP as attached, and authorize the City Manager to submit these documents to HUD for their approval. 1. Applications for assisted housing in the City would have a chance of being approved by HUD. Without the amendment, HUD will not approve the applications. 2. Provision of decent affordable housing to low-income citizens would be enhanced by allocation of additional rent subsidies to City by HUD. Goal of eliminating substandard housing in the City will be addressed by providing possibility that additional subsidy applications will be funded, and by provisions of additional income to property owners to allow for property repair and maintenance · Cost to City is nothing. Financial Benefit to City would result from the additional rental income to property. The pending application by RRHA for 71 housing vouchers means an estimated $950,000 of "basic" revenue coming into the City to landlords, and businesses over the five year contract period. May 11, 1957 Page 3 CC: Do not approve the amendment to the three-year HAP as attached. 1. Applications for assisted housing in the City will not be considered by HUD until the current HAP is updated in September 1988. 2. Provision of decent affordable housing to low-income citizens would not be enhanced. 3. Goal of eliminating substandard housing in the City would be more difficult to achieve. #. Cost to the City would be nothing. Financial benefit to City would be nothing. Recommendation is to adopt Alternative "A", to approve the amendment to the three-year HAP as attached, and authorize the City Manager to submit these documents to HUD for their approval. Respectfully submitted, W. Robert Herbert City Manager City Attorney Director of Finance Director of Public Works Building Commissioner Housing Development Coordinator Grants Monitoring Administrator Executive Director, City of Roanoke Redevelopment and Housing Authority U.S. DEPARTMENT OF HOUSING AND URBAN OEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ENTITLEMENT PROGRAM HOUSING ASSISTANCE PLAN OMB No. 2506-00~3 NAME OF COMMUNITY City of Roanoke, Virginia 2. GRANTNUMSER FROM: October 1, 1985 TO:September 30, 1988 4. IDATE DP SUEM~$$1ON 4..~] Original [] Revision ~ Amendment s, HUD APPROVAL [Dat~l PART I - HOUSING ASSISTANCE NEEDS TABLE I - HOusING STOCK CONDiTiONS I STANDARD UNITS SUBSTANDARD UNITS SUBSTANDARD UNITS SUITABLE FOR REHAB I TENURE OCCUPt ED UNITS 6 Owner 21. 307 341 I 1,122 170 1-010 ~n~ I ]13 ? Renter 17.065 6R2 I ] . 2R5 34? 964 916 I ] 71 TABLE II - RENTAL SUBSIDY NEEDS OF LOWER INCOME HOUSEHOLDS ELDERLY SMALL FAMILY LAR. GE FAMILY TOTAL 8 Very Low Income 42R 1 .390 168 1,986 9 Percent 27 % 7~ % 8 % 100% 10 Other Lower Income 132 945 127 1,204 tl ETR 2~ 125 25 170 12 To be Displaced 30 20 5 55 13 Total I 61~ 2.480 3~5 3,415 14 Percent ! ], ~ % 73 % 9 % 100% PARTII-THREE YEAR GOAL ~6--~ Owner REnter TABLE I - UNITSTO BE ASSISTED NEW ! CONVERSION ]O REHABILITATION 20~F 330 CONSTRUCTION I STANDARD UNITS M ] N HOME IMPROVEMENTS o 7S1 0 54 0 1043 ~313 100 40 I 470 {UNITS EXPECTED TO ASS,ST LOWER INCOME HOUSEHOLDS) 9641354 I 158 39 0 I [ 7670 39Q I 320 60 10 I TABLE II - LOWER INCOME HOUSEHOLDS TO RECEIVE RENTAL SUBSIDIES ELDERLY SMALL FAMILY I LARGE FAMILY 17 Owner 18 Renter Households to be Assisted 135 i 470 75 20 % [ 69 % 11 % TOTAL S TABLE III - GOALS FOR HUD RESOURCES: SUBJECT TO LOCAL REVIEW AND COMMENT TOTAL 68O 680 100% ELDERLY SMALL FAMILY LARGE FAMILY T U v !1 ] Households to be Assisted 135 470 75 HOUSING TYPE PREFERENCE [Maximum Number of Units that will be Acce~ted] NEW REHAB EXISTING 231 [] Check this box if the al)si/cant wishe~ to review State Housing Agency, proposals within i~ /urisdiction. PART III - GENERAL LOCATIONS the general locations of proposed assisted housing. HUD-7091.1 CITY CouNCIL The flcenokeCity C~um~II. will hold a public hearing on Mon- day, May 11. 1987, at 7.30 p.m., o~ aa soon thereafter es the matter may b~tlilmrd, In the City Council Chambers, fourth flo~, of the Munlclp~ Building; In order to consider an amendment to t.he City's three-year Ho~ln~ Assistance Plan (HAP) for eubmle. sion to the United Stataa Department of Housing and Urbe. Development (HUD) for review and approval. The City's HAP daacrlbe~ local housing condftloo", and ~ iqnUantltatlve goals for providing housing to Iow- and moderate- come resident,,. The three-year HAP ~ovors the period from October 1, 1984, through September 30 1988. The amendment will provtde for an additional goal of 100 ®xl",ting housing rent subsidy vouchers for Iow and moderate Income families. The City's HAP I", a besl~ upon which HUD approves or disapproves "-"'-'-!sted housing In the C ty and agaln",t which HUD monitors the City's provision of assisted housing. Addltlenai Information may be obtained from the City's Build- lng Inspectlo~Del~t~m. en~t, Room 170 (703) 981-2221, or the City'", Grant..~.,...,_,,,~ Office, Room 362 (703) 981-2141, _Municipal Building, 215 Church Avenue; $.W.. Roanoke. Virginia. Ma~, F. Pall(or Clt~ Clerk ROANOKE TIMES & WOP. LD NEWS NOTICE OF PUBLIC HEARING BEFOR~ THE ROANOKE CITY COUNCIL The Roanoke City Council will hold a public hearing on Monday, May 11, 1987, at 7:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chambers, fourth floor of the Municipal Building, in order to consider an amendment to the City's three-year Housing Assistance Plan (HAP) for submission to the United States Department of Housing and Urban Develop- ment (HUD) for review and approval. The City's HAP describes local housing conditions and sets quantitative goals for providing housing to low- and moderate-income residents. The three-year HAP covers the period from October 1, 1985, through September 30, 1988. The amendment will provide for an additional goal of 100 existing housing rent subsidy vouchers for low and moderate income families. The City's HAP is a basis upon which HUD approves or disapproves assisted housing in the City and against which HUD monitors the City's provision of assisted housing. Additional information may be obtained from the City's Building Inspection Department, Room 170 (703) 981-2221, or the City's Grants Compliance Office, Room 362 (703) 981-2141, Municipal Building, 215 Church Avenue, S. W., Roanoke, Virginia. Mary F. Parker City Clerk Please publish in the non-legal section of the newspaper on Friday, May 1, 1987. Please submit bill to: Office of Grants Compliance Room 362, Municipal Building Roanoke, VA 24011 MINUTES CONSIDERED AT THIS COUNCIL MEETING MAY BE REVIEWED ON LINE IN THE "OFFICIAL MINUTES" FOLDER, OR AT THE CITY CLERK'S OFFICE Office of ~he ~cryor May 7, 1987 Honorable Vice-Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: I wish to request an Executive Session on Monday, May 11, 1987, to discuss personnel matters relating to vacancies on various authorities, boards, commissions and corrgnittees appointed by Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950), as amended. Sincere ty , Noel C. Taylor~, May o r NCT:se Room 452 Municipal Building 215 C~urch Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2~44 Office of the City Cle~ May 13, 1987 File #15-199 Mr. James L. Hancock, Chairman Advisory and Appeal Board Air Pollution Control 3221 Troy Avenue, N. W. Roanoke, Virginia 24012 Dear Mr. Hancock: This is to advise you that Robert C. Hudson has qualified as a member of the Advisory and Appeal Board, Air Pollution Control, for a term of four years ending December 31, 1990. Sincerely, ~,~ary F. Parker, CMC City Clerk MFP:ra Room456 MunlclpalBuildlng 215 C~urch Avenue, S.W. Roano~e, Vlrglnia24011 (703)98%2541 0-2 Oath or Affirmation of Office ~ta~e o] Virginia, ~it~ o] Roanoke, to .wi~: I, Robert C. Hudson , do S~afflrm) that I will support the Constitution of the United States, and the Constitution of the State of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Advisory and Appeal Board, Air Pollution Control for a term of four years, ending December 31, 1990. according to the best of my ability. Subscribed and sworn to before me, this /t~, ~ Clerk Oftlce o~ ihe City Oerk April 15, 1987 File #199 Dr. Robert C. Hudson 606 North Broad Street Salem, Virginia 24153 Dear Dr. Hudson: At a regular meeting of the Council of the City of Roanoke held on Monday, April 13, 1987, you were elected as a member of the Advisory and Appeal Board, Air Pollution Control for a term of four years ending December 31, 1990. Enclosed you will find a certificate of your election and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Municipal Building prior to serving in the capacity to which you were elected. Sincerely, Mary F. Parker, CMC City Clerk ~{FP:ra Eno. ce: Mr. James L. Hancock, Chair~aa, Advisory and Air Pollution Control, 3221 Troy Avenue, Virginia 24012 Appeal Board, W., Roanoke, 456 Municipal Building 2t5 Church Avenue, SW. Roonoke, Virginia 24011 (703) 981-2541 O~ce of the Ci~/Cle~ i{ay 13, 1987 File #60-467 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: [ am attaching copy of Ordinance No. 28646, amending and reor- daining certain sections of the 1986-87 General and Grant Funds Appropriations, to provide for the appropriation of $105,892.00 for the Alternative Education Program for 1987, and $3,000.00 for the Chess Program; and transfer of $19,538.00 for roof repairs, at Fallon Park Elementary School, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May Il, 1987. Sincerely, Mary F. Parker, CMC City Clerk MFP:ra Enco cc: Mr. Edwin R. Feinour, Chairman, Roanoke City School Board, 3711Peakwood Drive, S. W., Roanoke, Virginia 24014 Dr. Frank P. Tota, Superintendent of Schools, P. 0. Box 13145, Roanoke, Virginia 24031 Mr. Richard L. Kelley, Executive for Business Affairs and Clerk of the Board, P. O. Box 13105, Roanoke, Virginia 2403! Mr. W. Robert Herbert, City Manager Room 456 Municipal Building 215 O~urch Av~'~ue, S,W. Roanoke, Virginia 2401 t (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, Ihe ll~h day of May, 1987. No. 28646. VIRGINIA, AN ORDINANCE to amend and reordain certain sections of the 1986-87 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 1986-87 General and Grant Funds Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: General Fund Appropriations Education $51,195,416 Instruction (1) .................................. 29,621,947 · Capital Outlay (2) ............................... 622,532 Other School Expenditqres (3-4) .................. 385,280 Grant Fund Appropriations Education $ 9,114,752 Alternative Education 86-87 (5-17) ............... 225,892 Chess Program 86-87 (18) ......................... 3,000 Revenue Education Alternative Education 86-87 (19) ................. Chess Program 86-87 (20) ......................... $ 9,114,752 225,892 3,000 (1) Other Instructional Costs (2) Alterations of Bldgs. (3) Contingency (4) Transfers to Grant Fund (5) Teachers (6) Clerical (7) Social Security (8) Retirement (9) Group Life Insurance (10) Health Insurance (11) Travel (12) Utilities (13) Telephones (14) Insurance (15) Rent/Lease of Facilities (16) Supplies (17) Participant Transp. (18) Instructional Materials (19) Local Match (20) Contribution (001-060-6002-6055-0308) 8(105,892) (001-060-6010-6085-0514) 19,538 (001-060-6012-6065-0701) ( 19,538) (001-060-6012-6065-0801) 105,892 (035-060-6410-6005-0113) 82,790 (035-060-6410-6005-0116) 8,400 (035-060-6410-6005-0204) 4,121 (035-060-6410-6005-0206) 6,504 (035-060-6410-6005-0208) 415 (035-060-6410-6005-0210) (1,580) (035-060-6410-6005-0402) 558 (035-060-6410-6005-0328) 920 (035-060-6410-6005-0329) 160 (035-060-6410-6005-0218) 200 (035-060-6410-6005-0220) 780 (035-060-6410-6005-0309) 1,048 (035-060-6410-6005-0314) 1,576 (035-060-6929-6030-0309) 3,000 (035-060-6410-1101) 105,892 (035-060-6929-1103) 3,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. May 11, 1987 '87 ?.!:22 TO: FROM: SUBJECT: Honorable Mayor and Members of City Council Joel M. Schlanger School Board Request for Appropriation of Two Grants and Transfer of Funds within School Accounts I have reviewed the attached request to appropriate funds for two grants and transfer funds within the School Board's General Fund budget. The Alternative Education program is currently funded with $120,000 in federal funds which were previously appropriated. This report will appropriate a local grant match of $105,892 to the grant. Funding for the local match of $105,892 is available within the Instruction category of the School Board General Fund accounts in a line item account, "Other Instructional Costs". This line item had an original budget of $383,318 and will have $73,203 of unobli- gated funds remaining if Council approves this transfer. The Chess program grant is funded by a $3,000 contribution from Dominion Bank. This report also requests that City Council approve a transfer of $19,538 from "Other School Expenditures" category of education accounts to the "Capital Outlay" category of education accounts in the City's General Fund for roof repairs. I recormnend that you concur with this request of the School Board. JMS:dp '~1 Edwin R. R~inour, Chairman William Whii[¢, Sr., Vice Chairman Donald ~ar~ol /,.---Roanoke City School oard Sallye T. Coleman LaVcrne B, Dillon David H. Usk James M. Turn~r, Jr, Frank P. Tara. Superintend~n~ ~ichard L I~elley. Clerk of the Board P.O Box 13105, Roanoke. Virginia ~4031 · 70~-981-~81 April 15, 1987 The Honorable Noel C. Taylor, Mayor and Members of Roanoke City Council Roanoke, VA 24011 Dear Members of Council: As the result of official School Board action at its meeting of April 14 1987, the School Board respectfully requests City Council to appropriate the following funds to school accounts: Grant No. 6410 $105,892.00 for the Alternative Education Program for 1987 to provide instruction and guidance services to secondary level students who are at risk of leaving school. This appropriation represents local match funds in support of $120,000 previously appropriated. Grant No. 6929 $3,000.00 for the Chess Program to provide instructional materials for the program and will allow needy students to participate in area chess tournaments. The funds were contributed by Dominion Bank. The Board further requests City Council to transfer $19,538 from the School Board Contingency account to the Roof Repair Account to provide funds to repair the roof at Fallon Park Elementary School. Richard L. Kelley Clerk of the Board and Executive for Business Affairs rg cc: Mr. Edwin R. Feinour Dr. Frank P. Tota Mr. William L. Murray, Jr. Mr. Kenneth F. Mundy, Jr. Mr. W. Robert Herbert r. Wil Dibling r. Joel Schlanger (with accounting details) Excellence in Education RO&NOKE CITY SCHOOL BO&RD Roanoke, Virginia APPROPRIATION REOUE~T Alternative gdumation b#lO 0~5-060-h~10-6005-0113 0~5-0~0-b~10-~005-0116 035-OhO-b~lO-6005-020~ 095-OhO-6~lO-hO05-0206 035-ObO-b~lO-6005-0208 035-0~0-6a10-6005-0210 095-0h0-6~10-6005-0~02 035-060-6~10-b005-0~28 035-060-6~lO-bOOh-O~2q 035-0b0-6~10-~005-0218 O~5-ObO-b~10-6005-0220 035-060-~10-6005-030q 035-ObO-6~10-bO05-031~ Clerical Social Security Retirement Group LiFe Insurance Health Insurance Travel Utilities Telephones Rent/Lease of Facilities Supplies Participant Transportation Total Appropriation Omit Z4B 8 82.7q0.00 4,121.00 6.50~.00 415.00 1,580.00) 558.00 q20. O0 lbO. O0 200.00 780,00 1,048.00 1,576.00 s 3.osd.g2. oo 035-060-h410-1101 Local Match 8.j=g?_,.8 g2. oo The Alternative Education Pro{ram for lq87 eill provide instruction and Kuidance services to secondary level students ,ho are at risk o£ leavin~ school due to poor academic achievement, low or unrealistic self-concept, or a poor underetandin{ of academic preparation required to achieve their career interests. A previous appropriation of 8120,000 will be reimbursed by Federal funds. The above appropriation represents local match funds to be used for the p~o~ram, to be taken from account 001-050-6002-6055-0308. The total ~rant appropriation sill be 8225.8g2. The pro6ram sill end June 30, 1987. April 1~, lq87 RO~NOK£ CITY SCHOOL BOIRD Roanoke. Virginia APPROPRIITION 9EOUEST Chess Pro,res 8b-87 035-ObO-bg2g-6030-O30q Instructional Materials $ ~t 000. O0 095-060-6929-1103 Contribution 9 _~ 000. O0 The contribution o£ $3,000 from Dominion Bank will be used to provide instructional materials for the Chess Program and will allow needy students to participate in area chess tournaments. April 1~, 1987 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia Roof Repairs - Fsllon Park School O01-OhO-bOlO-b085-051~ tlteration cf Buildings ~ 19,5~8.00 O01-ObO-bO12-bOhS-0701 Continhency The transfer of $19,538 from the School Board Contingency account (&ppropriation Unit ZL1) to the Capital category will pfc tde funds for the repair of the roof at Yallon Park School (Appropriation Unit ZJ1), which was recently daaa8ed as the result of inclement weather. April 1#, 1987 Office o~ ~e City Clen~ April 29, 1987 File #467 ~ir. Edwin R. Feinour, Chairman Roanoke City School Board 3711Peakwood Drive, S. W. Roanoke, Virginia 24014 Dear Mr. Feinour: A communication from the Roanoke City School Board requesting the appropriation of $105,892.00 for the Alternative Education Program for 1987, and $3,000.00 for the Chess Program; and transfer of $19,538.00 for roof repairs at Fallon Park Elementary School, was before the Council of the City of Roanoke at a regu- lar meeting held on Monday, April 27, 1987. On motion, deferred until the 1987, at 7:30 p.m. duly seconded and unanimously adopted, the request was regular meeting of Council on Monday, May 11, Sincere'~y, Pl~,~ ~{ary F. Parker, CMC City Clerk MFP:ra cc: Dr. Frank P. Tota, Superintendent of Schools, P. O. Box 13145, Roanoke, Virginia 24031 Mr. Richard L. Kelley, Executive for Business Affairs and Clerk of the Board, P. O. Box 13105, Roanoke, Virginia 24031 Mr. W. Robert tlerbert, City Manager Mr. Wilburn C. Dibting, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Room456 Munk:lpalButlding 215(~urchAve~ue, S.W. Roanoke, Vlrglnlo24011 C703)981-2541 Office of the City C]en~ May 13, 1987 File #178-236-?~ Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 28647, authorizing you to pursue funding from the Department of Housing and Community Development (DHCD) through the Virginia Shelter Grants Program (VSGP) and to execute and file such certifications as are necessary with the DHCD, in order to obtain a grant of funds to provide for certain emergency shelter services for families and individuals in the City, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 11, 1987. Sincerely, ~~ Mary F. Parker, CMC City Clerk MFP:ra Enc. cc: Mr, Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. James D. Ritchie, Director of Human Resources Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator Mr. H. Daniel Pollock, Housing Development Coordinator Ms. Marie T. Pontius, Grants Monitoring Administrator Room4..'.'.'.'.'.'.'.'.~S MuniclpalOutldlng 215 0nurch Avenue, S.W. Roanoke, Virg~nla24011 (703)98t-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The ll-'-th day of May, 1987. No. 28647. AN ORDINANCE authorizing the City Manager to pursue funding from the Department of Housing and Community Development (DHCD) through the Virginia Shelter Grants Program (VSGP) and to exe- cute and file such certifications as are necessary with the DHCD in order to obtain a grant of funds to provide for certain emergency shelter services for families and individuals in the City; and providing for an emergency. WHEREAS, Roanoke Valley Trouble Center, Inc. (TRUST) is a provider of emergency shelter services to families and indivi- duals in the City of Roanoke. and TRUST desires to pursue a pro- gram of rehabilitation of its existing facility to meet Building Code standards for emergency shelter space; and WHEREAS, the initial application for such funding was sub- mitted May 1, 1987. subject to approval of Council, and this Council endorses the application for funding from the Depart- ment of Housing and Community Development in order to enable TRUST to maintain its emergency shelter facilities. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke 1. ing in and Community Development that: The City Manager is hereby authorized to pursue fund- the amount of $19,644.00 from the Department of Housing through the Virginia Shelter Grants Program for the provision of emergency shelter services to families and {ndividuals in the City, and to exeoute and file such certifications as are necessary with the Department to obtain the grant of such funds, to accept such grant if awarded to the City, and to execute the requisite grant agreement. 2. The City Manager is further authorized to execute a subgrant agreement, with Roanoke Valley Trouble Center, Inc. as subgrantee, subject to the requirements of the VSGP, pro- viding for the administration and use of these funds, con- tingent upon the award of the grant the above referenced purpose; such to form by the City Attorney. 3. In order to provide the municipal government, an this ordinance shall be in to the City of Roanoke for agreement to be approved as for the usual daily operation of emergency is deemed to exist, and full force and effect upon its passage. ATTEST: City Clerk. Roanoke, Virginia May 11, 1987 Honorable Mayor and Members of Council Roanoke, Virginia Dear Members of Council: Subject: REQUEST AUTHORIZATION FOR CITY MANAGER TO PURSUE FUNDING FROM THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT (DHCD) THROUGH THE VIRGINIA SHELTER GRANTS PROGRAM (VSGP) TO ALLOW TRUST TO MAINTAIN ITS EMERGENCY SHELTER FACILITIES I. BACKGROUND A. City Manager commissioned a Task Force on Homelessness in December, 1986 to study the issue and publish its findings. B. The City of Roanoke and local shelter providers are working to meet the needs of families and individuals requiring shelter. C. Families and individuals whose need for shelter results from crisis situations have fewer options than other homeless persons. D. TRUST is one of the few agencies which offers temporary (2O-hour), emergency shelter to persons in crisis. II. CURRENT SITUATION VSGP funds are available to localities to assist service providers such as IRUST with the rehabilitation of existing structrures to meet building code standards for emergency shelter space. B. VSGP requires that grant recipient must be local governing body. C. TRUST has a project ready to go and has expressed a need for the grant funds. III. ISSUES A. Impact on Services in City. B. Funding. C. Timing. IV. ALTERNATIVES A. Authorize the City Manager to pursue funding through the VSGP~ thus allowing TRUST to maintain its shelter facilities. May 11, 1987 Page 2 Impact on services in the City would be positive, maintaining the current level of emergency shelter service for families and individuals in crisis. Funding is available, if the grant is approved, from sources as listed: Virginia Shelter Grant Program $19,644 TRUST (In-kind contribution) $28 ~ 260 $47,900, No City funds are required. 3. Timing is important. Initial application was submitted May 1, 1987 subject to approval of City Council. In order to insure that this application will receive due consideration, Council approval must be transmitted promptly. Do not authorize City Manager to pursue funding through the VSGP. 1. Impact on services in the City could be negative if plans to maintain shelter facilities are delayed or abando,,ed. 2. Funding would not be an issue. However, a valuable source of funds to the community would be lost. 3. Timing would not be an issue· RECOMMENDATION It is recommended that City Council endorse the application to the Virginia Shelter Grants Program (VSGP) designating TRUST as the subgrantee and authorize the City Manager to execute the required certitications as well as the grant agreement and a subgrant agreement with the Roanoke Valley Trouble Center, Inc. (TRUST) if the funds are awarded to the City. Respectfully submitted, W. Robert Herbert City Manager Attachment CCl City Manager City Attorney Director of Finance Director of Human Resources Grants Monitoring Administrator Housing Development Coordinator LOCAL GOVERNMENT GRANTEE VIRGINIA SHELTER GRANTS PROGRAM CERTIFICATIONS BY THE CITY MANAGER I, W. Robert Herbert, City Manager of the City of Roanoke, certify that the local government will oversee and monitor the use of funds received under this program as required by HUD regulations, federal law, and the laws of the Commonwealth of Virginia. I certify that the local government will comply with all program requirements set forth in the VSGP Grant Application Manual (1987) and in the Federal Re~ister at 24 CFR Part 575, and will: 1. Require that shelter services be provided on a non-discriminatory and non-religious basis; 2. Require that shelter facilities be maintained in safe and sanitary operating conditions; 3. Require that buildings improved with VSGP funds for use as homeless shelters be maintained as a shelter for at least three years; and 4. Assure that VSGP funds will be matched locally either by the local government or by other designated sources. W. Robert Herbert Date LETTER OF AGI~EMENT The City of Roanoke, "LOCAL GOVERNMENT", and ROANOKE VALLEY TROUBLE CENTER, INC. (TRUST), "PROVIDER", in consideration of their mutual desire to provide emergency shelter for homeless persons in the City of Roanoke, agree to execute a sub-grantee agreement for PROVIDER to conduct project activities set forth in the VSGP (1987) grant application submitted to the State by LOCAL GOVERNMENT. If the grant application is approved and grant finalized, each party will act in a manner that facilitates prompt signing of the sub- grantee agreement. Local Government Official Shelter Provider Representative Date Date cmo o~ m3ANO~<Z. VA. CITY r,,, ~-:... ¢¢ r..;: i:i May 11, 1987 TO: FROM: SUBJECT: Honorable Mayor and Members of City Council Joel M. Schlanger Request of David A. Bowers asked that amount of funds not collected by tax sources Council members have since fiscal year 1977. By letter dated May 6, 1987, Councilman Bowers has I furnish City Council with information regarding the the City of Roanoke from the four found suitable to cut tax rates What these figures represent are the total amount of revenue that the City of Roanoke would have had available to spend if the Council had not reduced the tax rate in each category. Personal Property Real Estate Utility Tax Business & Occupational License Fees Total $ 9,167,987 43,146,562 55,486,110 20,600,000* 8128~400~659 The attachment provides you the information on each individual tax except Business & Occupational License Fees. I do not believe that any City in this country can show this type of record. * Difficult to figure as this category had so many different rate changes, but we believe the overall reductions averaged approxi- mately 60%. 50% is used for an average figure. Honorable Mayor and Members of City Council Page 2 May 11, 1987 me. Should you require further information, please contact D~,~ctor of Finance/ JMS:dp Attachment CHART I COMPARISON OF ACTUAL PERSONAL PROPERTY TAX COLLECTIONS TO COLLECTIONS IF RATE HAD NOT BEEN REDUCED FY 76-77 77-78 78-79 79-80 80-81 81-82 82-83 83-84 84-85 85-86 86-87 87-88 PERSONAL PROPERTY TAX COLLECTIONS $3,922.475 4,346 286 4,878 855 4,703064 5,062 647 5,639 254 6,295 853 7,321 161 8,141 005 9,005 539 9,298,000 9,800,000 (Eat.) (Eat.) TAX RATE $4.10 4.10 4.10 3.75 3.75 3.75 3.75 3.70 3.60 3.45 3.45 3.45 COLLECTIONS IF RATE NOT REDUCED N/A N/A N/A $ 5,142 017 5,535 161 6,165 584 6,883 466 8,112 638 8,661 096 10,702,235 11,049 796 11,646 377 ANNUAL REVENUE LOST N/A N/A N/A $ 438,953 472,514 526,330 587,613 791,477 1,056,231 1,696,696 1,751,796 1,846,377 CUMULATIVE REyENUE LOST N/A N/A N/A $ 438,953 911,467 1,437,797 2,025,410 2,816,887 3,873,118 5,569,814 7,321,610 9,167,987 COMPARISON OF ACTUAL REAL ESTATE TAX COLLECTIONS TO COLLECTIONS IF RATE HAD NOT BEEN REDUCED CHART II FY 76-77 77-78 78-79 79-80 80-81 81-82 82-83 83-84 84-85 85-86 86-87 87-88 REAL COLLECTIONS ESTATE TAX TAX IF RATE COLLECTIONS RATE NOT REDUCED $14,384,438 $1.64 N/A 16,683,861 1.60 $17,100,958 17,050,578 1.50 18,641,965 16,969,077 1.46 19,061,155 16,683,853 1.46 18,740,766 18,553,489 1.38 22,049,074 19,937,827 1.35 24,220,768 20,825,759 1.35 25,299,441 21,013,566 1.33 26,719,028 22,524,251 1.30 28,415,209 23,385,163 (Est.) 1.29 29,729,974 25,573,550 (Eat.) 1.27 * 33,024,112 * Propoeed tax rate ANNUAL REVENUE LOST N/A S 417,097 1,591,387 2,092,078 2,056 913 3,495 585 4,282 941 4,473 682 5,050 548 5,890 958 6,344 811 7,450:562 CUMULATIVE REVENUE LOST N/A $ 417,097 2,008,484 4,100,562 6,157,475 9,653,06Q 13,936,001 18,409,683 23,460,231 29,351,189 35,696,000 43,146,562 COMPARISON OF ACTUAL UTILITY TAX COLLECTIONS TO COLLECTIONS IF RATE HAD NOT BEEN REDUCED CHART III FY 76-77 77-78 78,~79 79-80 80-81 81-82 82-83 83-84 84-85 85-86 86-87 87-88 UTILITY TAX COLLECTIONS ,~ 6,540,758 6,549,060 6,332 552 6,108 892 5,909 334 5,602 388 5,888 956 6,430,235 6,752 ,024 6,924 ,286 7,450,000 7,748,000 (Eat.) (Eat.) TAX RATE 20.0% 17.5% 15.0% 14.0% 11.5% 10.0% 10.0% 10.0% 10.0% 10.0% 10.0% 10.0% COLLECTIONS IF RATE NOT REDUCED N/A $ 7,484 640 8,000 697 8,520 073 9,582 703 11,204 776 11,777.912 12,860 470 13,508.000 13,848 S12 14,900 000 15,496 000 ANNUAL REVENUE LOST N/A $ 935,580 1,668,145 2,411,181 3,673,369 5,602,388 5,888,956 6,430,235 6,754,000 6,926,256 7,450,000 7,748,000 CUMULATIVE REVENUE LOST N/A 935,580 2,603,725 5,014,906 8,688,275 14,290,663 20,179,619 26,609,854 33,363,854 40,288,110 47,738,110 55,486,110 Office c/the City Cle~ May 13, 1987 File #27 H. Hawner Gay and Company, P. O. Box 11908 Lynchburg, Virginia 24506 Ladies and Gentlemen: I am enclosing copy of Ordinance No. 28649, accepting your propo- sal for Mud Lick Creek Sanitary Sewer Phase I Project, in the total amount of $599,935.68, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 11, 1987. Sincerely, Mary F. Parker, CMC City Clerk MFP:ra Eric, CC: Mr. Mr. Mr. Mr. W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Delores C. Daniels, Citizen's Request for Service William F. Clark, Director of Public Works Charles M. Huffine, City Engineer Sarah E. Fitton, Construction Cost Engineer Kit B. Kiser, Director of Utilities and Operations Room 456 Munlcll0al Building 2t5 G'~urch Avenue, S.W. Roanoke, Virginia 24011 (703) 981-254t May 13, 1987 Fi le #27 Aaron Jo Conner General Contractor, Po O. Box 6068 Roanoke, Virginia 24017 [nc. Marshall Construction Company, Route 3, Box 1170 Danville, Virginia 24540 InCo Prittaman and Pace, Inc. P. O. Drawer 4667 Martinsvitle, Virginia 24115 Ladies and Gentlemen: I am enclosing copy of Ordinance No. 28649, accepting the bid of R. Hamner Gay and Company, Inc., for Mud Lick Creek Sanitary Sewer - Phase I Project, in the total amount of $599,935.68, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 11, 1987. On behalf of the Council, I for submitting your proposal Sanitary Sewer - Phase I. would like to express appreciation for construction of Mud Lick Creek Sincerely, Mary F. Parker, CMC City Clerk MFP:ra Eneo Room 456 Municipal D,~ildlng 215 C~urch Avenue, S.W. Roanoke, Virginia 24011 (703) 98~-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of May, 1987. No. 28649. AN ORDINANCE accepting the bid of H. Hamner Gay and Co., Inc., for Mud Lick Creek Sanitary Sewer - Phase I Project 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 follows: 1. IT ORDAINED by the Council of the City of Roanoke as The bid of H. Hamner Gay and Co., Inc., in the total amount of $599,935.68, for Mud Lick Creek Sanitary Sewer - Phase I Project, 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 success- ful bidder, based on its proposal made therefor and the City's spe- cifications 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. 3. Any and all other bids made to the City for the work are hereby REJECTED, and the City Clerk is directed each such bidder and to express to each the City's such bid. 4. In order to provide for aforesaid to notify appreciation 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 City Clerk May 13, 1987 File #27-60 Mr. Joel ~4. Schlanger Director of Finance Roanoke, Virginia Dear Mr. SchIanger: I am attaching copy of Ordinance No. 28648, amending and reor- daining certain sections of the 1986-87 Sewage Fund Appropriations, to provide for appropriation of funds in connec- tion with the award of a contract to H. Hamner Gay and Company, Inc., for construction of Mud Lick Creek Sanitary Sewer, Phase I Project, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 11, 1987. Sincere ly, Mary F. Parker, CMC City Clerk MFP:ra Enco cc: Mr. Mr. Ms. W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Delores C. Daniels, Citizen's Request for Service William F. Clark, Director of Public Works Charles M. Huffine, City Engineer Sarah E. Fitton, Construction Cost Engineer Kit B. Kiser, Director of Utilities and Operations Room 456 Munlcl~0ol Buildln9 215 Church Avenue, S.W. Roanc~e, ¥1rginla 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The l~th day of May, 1987. No. 28648. AN ORDINANCE to amend and reordain certain sections of the 1986-87 Sewage 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 1986-87 Sewage Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Capital Outlay from Revenue Mud Lick Sewer Land Purchase I & II (1) ............. Construction Contingency (2) ........................ Garden City Sanitary Sewer (3) ...................... $ 2,261,832 654,655 20,959 (1) Appr. from General Revenue (003-056-8418-9003) $ 630,000 (2) Appr. from General Revenue (003-056-8405-9003) (597,750) (3) Appr. from General Revenue (003-056-8415-9003) (32,250) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk CITY ['i.[i? < "+CF/ Roanoke, Virginia May 11, 1987 '87 HAY-5 AP:l Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Bids for Mud Lick Creek Sanitary Sewer - Phase I I concur in the recommendation of this Bid Committee Report. Respectfully submitted, W. Robert Herbert City Maoager WRH/VRD/mm Attachment: Bid Committee Report CC: City Attorney Director of Finance Director of Public Works Director of Utilities & Operations Citizens' Request for Service City Engineer Construction Cost Technician RECEi¥? '87 Ronorable ~a¥or and City Council Roanoke, Virginia Dear Members of Council: Subject: Bids for Mud Lick Creek Sanitary Sewer - Phase I Roanoke, Virginia May 11, 1987 I. Background: me Fiscal Year 1985-1986 Budget, approved by City Council, con- tained various Capital Improvement and Maintenance projects in the Sewer Enterprise Fund Budget. Included in the approved budget were funds for replacement of the Mud Lick Creek Sanitary Sewer from the Roanoke River Interceptor upstream to Grandia Road, S.W. Be Project was separated into two phases. Phase I begins at the Roanoke River Interceptor and proceeds upstream to Lansing Drive, S.W. Phase II will start at Lansing Drive, S.W. and end at Grandin Road, S.W. Phase II is anticipated to be advertised in June, 1987, once easement acquisition is complete. City Council received, publicly opened and read four (4) bids for the subject project on March 23, 1987, and referred the bids to a Bid Committee for review and report back to Council. D. H. Hamner Gay and Co.~ Inc., of Lynchburg, Virginia, sub- mitted the low bid in the amount of $599~935.68. E. Availability of land - necessary easements have been obtained. II. Issues in order of importance are: A. Compliance of the bidder with the requirements of the Contract Documents. B. qualifications of contractor. C. Amount of the lowest responsible bid. D. Funds for construction. Page 2 III. Alternatives are: Award a unit price contract to H. Hamner Gay and Co., Inc., in the amount of $599,935.68 and establish a contingency for the project in the amount of $30~064.32. 1. Compliance of the bidder with the requirements of the Contract Documents was met. Qualifications of contractor have been checked thru various localities where they have completed projects, including the City of Lynchburg, Virginia. He was under an annual maintenance contract there for many years, and the City of Lynchburg was pleased with their work and methods. 3. Amount of the bid was acceptable and is 2.8% below the engineer's estimate. Funds for construction are available in the sewer fund in the Construction Contingency Account No. 003-056-8405-9003. B. Reject bid and do not build project at this time. 1. Compliance of bidder with requirements of Contract Documents would not be an issue. 2. Qualifications of contractor would not be an issue. 3. Amount of bid would probably be higher if rebid at a later date. 4. Funds for construction will still be available from the Sewer Fund. IV. Recommendation is that City Council take the following action: Authorize the establishment of project funding of $630,000.00 ($599,932.68 contract amount and $30,864.32 contingency) by: Transferrin~ $597~750.00 from the Construction Contingency Account No. 003-056-8405-9113 to the Mud Lick Creek Sanitary Sewer Construction Account No. 003-056-8418-9003. Page 3 Transferrin~ $32~250.00 from the completed Garden City Sanitary Sewer Account No. 003-056-8415-9003 to the Mud Lick Sanitary Sewer Construction Account No. 003-056-8405-9003. Award a Unit Price Contract to H. Hamner Gay Co., Inc., in the amount of $599,935.68 in a form acceptable to the City Attorney. Reject all other bids received. Respectfully submitted, ~~irman Kit B. Kiser WRH/VRD/mm Attachment: Tabulation of Bids cc: City Manager City Attorney Director of Finance Director of Public Works Director of Utilities & Operations Citizens' Request for Service City Engineer Construction Cost Technician William F. Clark TABULATION OF BIDS MUD LICK CREEK SANITARY SEWER, PHASE I Bids opened before City Council March 23, 1987. CONTRACTOR BASE BID BID BOND RECEIVED RECEIPT OF ADDENDUMS H. Hamner Gay and Ce., Inc. Aaron O. Conner, General Contractor Marshall Construction Co., Inc. Prillaman & Pace, Inc. $599,935.68 $685,311.80 $863,917.50 $1,142,825.00 YES YES YES YES YES YES YES YES Engineer's Estimate on Project: $617,000.00 Committee: Chairman William F. Clark Kit B. Kiser Office o~ fl~e City C]e~ March 25, 1987 File #27 Mr. Robert A. Garland, Mr. William F. Clark Mr. Kit B. Kiser Chairman Committee Gentlemen: The following bids for construction of Mudlick Sewer Phase I, were opened and read before the City of Roanoke at a regular meeting held Monday, Creek Sanitary Council of the March 23, 1987: BIDDER BASE BID TOTAL H. Hamner Gay and Company, [nc. Aaron J. Conner General Contractor, Marshall Construction Company, Inc. Prillaman and Pace, Inc. Inc. 599,935.68 685,311.80 863,917.50 1,143,825.00 On motion, duly seconded and adopted, the bids were referred you for tabulation, report and recommendation to Council. Sincerely, to Mary F. Parker, CMC City Clerk MFP:ra Room 456 Municipal Building 2 t5 C~urch Avenue, S.W. Roanai,~, V~rglnia 24011 (703) 981-2541 Mr. Robert A. Garland, Mr. William F. Clark" Mr. Kit B. Kiser Page 2 March 25, 1987 Chairman CC: H. Hamner Gay and Company, [nc., P. O. Box 11908, Lynchburg, Virginia 24506 Aaron J. Conner General Contractor, Inc., P. Oo Box 6068, Roanoke, Virginia 24017 Marshall Construction Company, Inc., Route 3, Box 1170, Danville, Virginia 24540 Prillaman and Pace, Inc., P. O. Drawer 4667, Martinsville, Virginia 24115 Mr. Wilburn C. Dibling, Jr., City Attorney Office of r~e City Cled~ May 13, 1987 File #32-183 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 28624, adding a new §11-13, Monitoring; inspections; stop-work orders, to Chapter 11, Erosion and Sediment Control, Code of the City of Roanoke (1979), as amended, which Ordinance was adopted by the Council of the City of Roanoke on first reading on Monday, May 4, 1987, also adopted by the Council on second reading on Monday, May 11, 1987, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC City Clerk MFP:ra Enc. cc: Mr. Wilburn C. DibIing, Jr., City Attorney Mr. Donald S. Caldwell, Commonwealth's Attorney Mr. Raymond F. Leven, Public Defender, Suite 4B, Southwest Virginia Building, Roanoke, Virginia 24011 The Honorable Kenneth E. Trabue, Chief Judge, Circuit Court, 305 East Main Street, Salem, Virginia 24153 The Honorable James W. Flippen, Chief Judge, Juvenile and Domestic Relations District Court The Honorable Edward S. Kidd, Jr., Chief Judge, General District Court The Honorable Jack B. Coulter, Judge, Circuit Court The Honorable Clifford R. Weckstein, Judge, Circuit Court The Honorable Roy B. Willett, Judge, Circuit Court Room456 MunlclpalButldlng 215(~urchAve~ue, S,W, Roanoke, Vlrginla24011 (703)981-2541 Mr. W. Robert Page 2 May 13, 1987 tterbert cc: The Honorable G. 0. Clemens, Judge, Circuit Court, P. 0. Box 1016, Salem, Virginia 24153 Miss Patsy Testerman, Clerk, Circuit Court Ms. Patsy Bussey, Clerk, Juvenile and Domestic Relations District Court Mr. Ronald Albright, Clerk, General District Court Mr. Bobby D. Casey, Office of the Magistrate, P. 0. Box 13867, Roanoke, Virginia 24037 Ms. Clayne M. Calhoun, Law Librarian Mr. Robert L. Laslie, Vice President - Supplements, Municipal Code Corporation, P. 0. Box 2235, Tallahassee, Florida 32304 Mr. Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Mr. Ronald H. Miller, Building Corr~nissioner/Zoning Administrator IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of May, 1987. No. 28624. AN ORDINANCE adding a new §11-13. Monitoring; inspections; stop- work orders, to Chapter 11, Erosion and Sediment Control, Code of the City of Roanoke (1979), as amended. BE IT ORDAINED by the Council of the City of Roanoke that Chapter 11, Erosion and Sediment Contro], Code of the City of Roanoke (1979), as amended, by the addition of a new §11-13, Monitoring; inspections; ~top-work orders, to read and provide as follows: §11-13. Monitoring; inspections; stop-work orders. (a) With respect to approved plans for erosion and sediment control in connection with land disturbing activities which involve the issuance of a grading, building, or other permit, the City Manager shall provide for periodic inspections of the land-disturbing activity to ensure compliance with the approved plan, and to determine whether the measures required in the plan are effective in controlling erosion and sediment resulting from the land-disturbing activities. Notice of such right of inspection shall be included in the permit issued pursuant to §11-11. The owner, occupier or operator shall be given an oppor- tunity to accompany the inspectors. If the City Manager determines that the permittee has failed to comply with the plan, the City Manager shall immediately serve upon the permittee by regi- stered or certified mail to the address specified by the permittee in his permit application, or by delivery at the site of the permitted activities to the agent or employee of the permittee super- vising such activities, a notice to comply. Such notice shall set forth specifically the measures needed to come into compliance with such plan and shall specify the time within which such measures shall be completed. If the permittee fails to comply within the time specified, he shall be deemed to be in violation of this Chapter, and the City Manager may revoke his permit. (b) Upon receipt of a sworn complaint of a substantial violation of either §11-8 or $11-13(a) from the manager of the department charged by the City Manager with the respon- sibility of enforcing this Chapter, the City Manager may, in conjunction with or subsequent to a notice to comply as specified in §ll-13(a), issue an order requiring that all or part of the land disturbing activities permitted on the site be stopped until the specified corrective mea- sures have been taken. Where the alleged non- compliance is causing or is in imminent danger of causing harmful erosion of lands or sediment deposition in waters within the watersheds of the Commonwealth, such an order may be issued without regard to whether the permittee has been issued a notice to comply. Otherwise, such an order may be issued only after the permittee has failed to comply with such a notice to comply. The order shall be served in the same manner as a notice to comply, and shall remain in effect for a period of seven (7) days from the date of service pending application by the City or permit holder for appropriate relief to the Circuit Court for the City of Roanoke. Upon completion of correc- tive action, the order shall immediately be lifted. Nothing in this section shall prevent the City Manager from taking any other corrective action permitted by law. ATTEST: City Clerk. CITY ~' :'"1:, :r,": · ~, ~.-~. Roanoke, Virginia May #, 1987 Honorable Mayor and Members of Council Roanoke~ Virginia Dear Members of Council: Subject: Request Adoption of Ordinance Amending Chapter 11, by adding §11-13 to Roanoke City Code~ Erosion and Sediment Control I. CURRENT SITUATION: A. Existing regulations under Chapter 11~ Roanoke City Code provide for Erosion and Sediment Control. Authority to stop work for non-compliance with an erosion and sediment control plan is not provided for since it was not part of the enabling legislation when the City adopted the Erosion and Sediment Control Ordinance April 5~ 1982. Erosion and Sediment Control Law was amended by the 1986 General Assembly to provide the authority to issue stop-work orders to achieve compliance with approved erosion and sediment control plans and specifications. II. ISSUES: A. Authority to regulate [5. Effective enforcement of Erosion and Sediment Control Ordinance and plans. III. ALTERNATIVES: A. Authorize the amendment of Chapter 11, by adding Section 11-13 to Roanoke City Code, as provided for by the 1986 General Assembly, thereby establishing authority to issue stop-work orders on erosion and sediment control work being done improperly. (See attachment) Authority to regulate will allow stop-work orders to be issued on erosion and sediment control work being done improperly for a period of seven days. During this period, the City can apply to the local Circuit Court for an injunction against the violator or have charges filed against him. Effective enforcement of Erosion and Sediment Control Ordinance will be enhanced greatly. B. Do not authorize the amendment of Chapter 11, Roanoke City Code. Authority to regulate would be restricted and stop-work orders could not be issued on erosion and sediment control work being done improperly. Members of Council Page 2 Effective enforcement of Erosion and Sediment Control Ordinance would continue to be difficult by inability to immediatley stop work in violation of Ordinance and approved plans. V. RECOMMENDATION: City Council concur with Alternative "A" and amend Chapter 11, and add Section 11-13 to Roanoke City Code, as in the attached ordinance prepared by the City Attorney, to establish local authority to issue stop-work orders on erosion and sediment control work being done improperly. Respectfully submitted~ W. Robert Herbert City Manager WRH:cmh CC.' City Attorney Director of Finance Director of Public Works Building Commissioner City Engineer COMMONWEALTH of VIRGINIA DEPARTMENT OF CONSERVATION AND HISTORIC RESOURCES DIVISION OF SOIL AND WATER CONSERVATION ROLAND B. GEDDES, DIVISION DIRECTOR 203 Governor Street, Suite 206 Richmond, Virginia 23219-2094 f804) 786-2064 June 16, 1986 MEMORANDUM TO: Local Erosion & Sediment Control Program Administrators FROM: Scott Cr~tate Erosion & Sediment Control Program Coordinator SUBJECT: Notice of Amendment The 1986 General Assembly amended Section 21-89.8 (a) and 21-89.8 (b) of the Erosion and Sediment Control Law, and added Section 21-89.8 (d) to that law. The intent of this amendment is to provide the authority to issue stop-work orders to achieve compliance with approved E&S Control plans and specifications. The effect of this amendment is to provide lo, al governments with an additional enforcement tool~ one that has proved very effective in E&S Control pro,rams of other states. This amendment becomes effective under State Law on July 1, 1986. Local ordinances may be amended after that date. A copy of the amendment is attached. This is an optional amendment, but in the interest of more effective local pro,'am implementation, I strongly recommend that you incorporate it into your local ordinance. The amendment would be added to the section of your local ordinance that explains the procedures for issuin~ a 'Notice to Comply." If you do choose to amend your local ordinanee~ please send me a copy of the amendment as. adopted by your governir~ body, including appropriate minutes from the meeting at. which the action was taken. This is necessary for our files. Attachment #2 is a summary outline of how the stop-work order may be implemented within the context of enforcement procedures provided under the State Law. I ou do add stop-~tork author't{~y to our 1 ' ce ~ .you 1~_~~ Pm requesting that you maintain recorcls of its use for at ]~ast the ~ year. This will help me to evaluate whether or not the authority is effective as written in achieving compliance with approved plans and specifications. Attachment #3 lists some questions that should be answered in records kept of use of stop-work authority. I will contact each of you next summer to solicit your reactions to stop-work order effectiveness, based on those records. If you have any questions eoneerning this amendment or procedures for implementing it, please feel free to contact me at (804) 786-3998. sC/jw Attachments ee: Bill Browning DSWC Field Specialists 1986 SESSION V[RGINL~ ACTS OF ASSE.,NO~LY [s 2471 Be it enacted by the General Assembly of VIFsinin: 1. That § 21.8o.8 Of*he Code of VlFpnin iS mended and Feenacted ns foUo~ ! 2140.8. Moniinflnf. repefls and lnspecitont (a) v~,,,~disturbln8 ncliv~flns where permit iS ismed. - With respect to approved plans for er~lon nn~_ sediment control in connection permit, etOm' the permit-issuin~ authority or p~ authority sludi provide for periodic ~ of the innd~llturbl~ activityin ensure coml~Hnnee with the apptoved coellq2tlinf er~Mtoe nad sediment resu~fln_~ fFom the innd-disturbto~ activities. Notice of such rifht or inspection shall be .included in the permit The owner, occuple- or operator shall be ftten an oppor~,,,.~ in accomM the inspectors, tr the permitdssuin8 authority or plan-epprovinl authort~ deter~l~*~_ ,h,, the peruitiee has failed in comply with the pla~ me aumor~ shah lmmedint~ serv~ upon the permittee by resistered or certmed maU to ~ no~ce in emnply. Where tile phn4ppFovin8 authority serves notice, a copy of in which such mcosur~ shall be completed. If the permittoe hun in comply WU~h, the time spectflet he may be subject in revocation of the permit; rurthermor~ he shah be deemed in be in violation of this article and upon conviction shall be subject to (b) ~ ~ ~~ ~ctiviti~ ~th to pinn~ for activities, the plan-e~ authority may requ~ of the perMn rnspens~ble for carryin8 oat the plan such mooitorinf and reports, and may mn~e such on.re inspections after no,co to GM resident owner, occupier or operator ns are deemed necessury to detoi-min~ ~ the .soil ero~m and ~m~nt control measures required by the approved plan 8r~ and sediment rns~tb~ from the land-disinrbin~ activity. Such resident owner, occupier or operator sbeU be siren an opportunity to accompany the b~M~or~ If it iS determined that there iS failure in comply with'the approved ~sn. the plan-epprovin8 antiuJrity shall serve notice upon the perfon who iS rnspemible for corrYin8 out the plan at .coe~qdinnce and ~ thne ..v?~.n. vMch such nmasurns shall be completed. Open h!!ure of SIJc~ perJoe to Co0~pty V#hin me specified period, he Mil be deemed to be in violation of (C) Addiflcoal provisions.. NotMthetaudin8 the above provisioM of Otis section the authority ._and the plan4pprovinf authorl~ are not v~thin the same local au~orl~ for o]1 or some of the conservafloa plans, the enforcement of the (1) Where a dlmlct udopU me ~ deperUnenL . . control prosr~m and permit-bsuinf authorRlns a~~ oy · ?oun~, city, or town, the district by Joint resolution with the ~ in momtom~, repem, ~ nd e~forcomm. 2 PTeside~ of I~e Semite the I~OU~ ot Delelitel Attachment #2 Steps To Follow In Issuing a Stop-Work Order for Erosion & Sediment Control Violations The inspector reports evidence of a "substantial violation" of the local ordinance or of the E&S Control Plan (includes the General Criteria) to the "designated enfeecement offlear" (probably the local program administrator). The designated enforcement officer files a "sworn complaint" (e.g., an affidavit) with the "chief administrative offiear" (county administrator, city or town manager, eouservation district board chairman) of the unit of government responsible fee implementing the loeal ordinance. The chief administrative of fleer issues a written "order requiring that all or part of the land disturbing activities permitted on the site be stopped until the specified corrective measures 'have been taken." The specified corrective measures are those that were required to be met in the "Notice to Comply" which, under most circumstances, would have been issued previously, and its deadline passed prior to issuing the stop-work order. To facilitate quicker delivery of the Notice to Comply, Sections 21.89.8 (a) and (b) authorize delivery by hand to the site. However, "where the alleged non-compliance is causing or is in imminent danger of eansing harmful erosion of lands or sediment deposition in waters," the stop-work order may be issued even if a Notice to Comply has not been issued previously. In such eases, the Notiee to Comply should be issued "in eonJunetiun with" (at the same time of) the Stop-Work Order. Note also that you may stop work only on the land disturbanee part of the project, not the whole project; You may stop all of the land disturbing activity (earth moving, construction of roads, dams, berms, etc.) or Some part of that activity specific to the violation, whichever is more appropriate or effective in your Judgement. Finally, the specified corrective measures may and probably should be listed in the Stop-Week Order as well as the Notice-to-Comply. According to the amendment, the Stop-Work Order remains in effect for only seven days (presumably ealandar days) from the date it is served. During that seven-day period, the local government should apply to the circuit court for injunctive relief or file eharges for the violations. The permittee may also file for relief from the order if he believes the order to be unjustified. If the permittee performs specified eorreetive actions to the satisfaetion of the local program offieials, the order should be immediately rescinded. However, even if the order is lifted, the local offieiais may still choose to follow through with other enforcement actions in court. If the permitter violates the conditions of the stop-work order, that would be a separate violation from those the order was intended to resolve. This Stop-Work authority is not a panacea. It is conceivable that the Stop-Work Order may not be an effective enforcement technique for some E&S Control violations. For instance, if earth disturbance is completed and the site is at finish grade, there will be no activity to stop. If some earth moving or shaping is neees~acy in order to be~in vegetative stabilization, it may be counterproductive to stop work. Therefore, you must be knowledgeable and select enforcement tools appropriate to the violations. The performance bond or guarantee is still one of the most effective enforcement techniques available. By establishing standard forms, informing program staff of proper procedures, and establishing related procedures with your Commonwealth Attorney ahead of time, you can streamline the stop-work process. The DSWC intends to provide an information package later this summer concerning all E&S Control enforcement procedures, including examples of standardized forms and advice for staff members that may need to testify in trials. Advice will also be included for local Commonwealth or County Attorneys concerning effective and efficient enforcement and prosecution. Office of the C.i~y Cle~ May 13, 1987 File #27~/~ Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 28627, authorizing the leasing of approximately 45,000 square feet of City property located at the Sewage Treatment Plant to the Virginia Army National Guard, which Ordinance was adopted by the Council of the City of Roanoke on first reading on Monday, May 4, 1987, also adopted by the Council on second reading on Monday, May 11, 1987, and will take effect ten days following the date of its second reading. Sincere fy, Pi~- Mary F. Parker, CMC City Clerk MFP:ra Enc. cc: Major Roy W. Crosse, Jr., Virginia Army National Guard, Roanoke Armory, P. O. Box 8307, Roanoke, Virginia 24014-0307 Mr. Witburn Co Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Ms. Deborah J. Moses, Chief, Billings and Collections Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Steven L. Walker, Manager, Sewage Treatment Plant Roo~n456 Munlcll:~alBullding 215 Church Ave~ue, S.W. Roano~e, Vlrginla24011 (703)981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VlI~GINIA, ? The llth day of May, 1987. No. 28627. AN ORDINANCE authorizing square feet of City property Plant, upon certain terms and leasing of approximately 45,000 located at the Sewage Treatment conditions. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and City Clerk are authorized to execute and attest, respectfully, on behalf of the City, a lease agreement with the Virginia Army National Guard for approximately 45,000 square feet of City owned property at the Sewage Treatment Plant on a month- to-month basis, at a rate of $1.00 per year, said lease to include a specific prohibition against use of the leased premises for storage or transfer of hazardous chemicals and materials, as more specifically set forth in the report to this Council dated May 4, 1987, and to be in form approved by the City Attorney. ATTEST: City Clerk. Roanoke, Virginia May 4, 1987 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Virginia Army National Guard Vehicle Storage Lot - Sewage Treatment Plant The attached staff report was considered by your Water Resources Committee on April 27, 1987. The Committee recommends that Council authorize the appropriate City Officials to execute a lease adding the Old Vehicle Impound lot, containing approximately 45,000 square feet, to the area containing approximately 68,000 square feet currently leased to the Virginia Army National Guard at the Sewage Treatment Plant. Lease term is to be month to month and the consideration is to be a nominal $1.00 per year, with there being a specific prohibition against using the leased premises for the storage or transfer of hazardous chemicals or materials. Respectfully submitted, ElizalSeth T. Bowles, Chairman Water Resources Committee ETB:KBK:afm Attachment CC: City Manager City Attorney Director of Finance Manager, Sewage Treatment Plant Major Roy W. Crosse, Jr., O.I.C., Roanoke Armory HEADQUARTERS 1st Battalion 116th Infantry, 29th Infantry Division (L) Virginia Army National Guard P.O. Box 8307, Roanoke, Virginia 24014-0307 March 3, 1987 Operations Officer, 1-116 Inf VaARNG City of Roanoke, 0ffc of City Engineer ATTN: Mr R. V. Hamilton Rm 350, Mun$cipal Building 215 Church Avenue Roanoke, Virginia 24011 Dear Mr. Hamilton: I am writing you this letter as the Roanoke representative of the office of the Adjutant General of Virginia. Due to the addition of a new unit to this armory, the 229th Chemical Company, we have a requirement for additional vehicle storage space like ~e presently use down on Underhill Avenue. The 229th Chemical Company will have a lot of rolling stock -- approximately 100 trucks or trailers. We estimate that it will take approximately 40,000 additional square feet of compound to cover this requirement. The vacant compound next to our present one on Underhill Avenue seems suffi- cient, and would give us the additional convenience of having all our storage in one consolidated location. We hope that as you consider our request, you can see fit to commit that one to us. Any consideration you can give this request will be greatly appreciated. I am available to you for more detailed discussion if necessary at 982-7101. Copy furnished: TAG VA, COL Timberlake Cdr, 229th Chemical Co Sincerely, Roanoke IN THE COUNCIl. OF THE CITY OF ROANOKE, VIRGINIA, The 5th dsy of September, 1978 No. 2429§ AN ORDINANCE authorizing the lease of a 1.56 acre percel of City land, lying adjacent to the Sewage Treatment Plant, to the Virginia National Guard upon certain terms and conditions, and authorizing and directing the City Manager to execute a wTitten lease on behalf of the City. BE IT ORDAINED by the Council of the City of Roanoke as fol- lows: 1. That the offer of the Virginia National Guard for the lease of a 1.56 acre parcel of land, lying adjacent to the Sewage Treatment Plant, for the nominal consideration of $1.00 per year, and for a term of five (5) years with the City having the right to terminate such lease upon six-month notice, such lease to con- tinue on a month-to-month basis after the initial five-year term with either party having the right to terminate upon a written notice of thirty (30) days; 2. That the City Manager be and he is hereby authorized and directed, for and on behalf of the City, to execute a written lease of the aforesaid land ro the said offeror, such lease to be upon form prepared and approved by the City Attorney, and containing such other terms and conditions as the City Attorney may impose for the protection of the City. ATTEST: City Clerk. THIS LEASE made and entered into this 1st day of 5une. 1979, snd between the CITY OF ROANOKE, a municipal corporation, organized and existing under =he laws of =he Commonwealth of Virginia, herein- lf=er called =he "Lessor", and the VIRGINIA NATIONAL GUARD, an agency of =he Commonwealth of Virginia, hereinafter called W I TN E S S E T H: THAT, FOR AND IN CONSIDERATION of the covenants and agreements herein contained, the Lessor doth hereby LET and DEMISE unto the Lessee for a term hereinafter provided a parcel of land approxt- ilmately 160 fee= wide and 425 feet long, consisting of approximately 111.56 acres, situate on the City's Sewage Treatment Plant property .at its southeasterly boundary and more specifically described as the area shown in red on the attached map labeled Exhibit 1. The Lease shall co~ence on the 1st day of May, 1979, and 'extend for a period of five (5) years, ending on the 30th day of April, 1984, yielding therefrom, durin§ the term of said rental, the amount of FIVE DOLLARS ($5.00), which amount shall be due and payable at $1.00 per year which shall fall due and be paid in advance prior to May 1 of each year of the Lease, provided that ~the City shall have the right to terminate such Lease upon six (6) 'month notice at any time. It is further agreed between the parties hereto that this :Lease shall continue on a month-to-month basis after the termination ,of the initial five-year term with either party having the right to terminate such Lease upon a written notice of thirty (30) days to the other party. It is agreed and understood that this Lease is made subject I!to the following express conditions and provisions: of this Lease, to deliver peacefully the same premises in as good order and repair as the same were at the beginning of this Lease; 2. That the Lessee shall be solely responsible for the main- tenance and upkeep of said land during the term of this Lease; 3. That the Lessee shall indemnify and hold harmless the Lessor, its officers, agents and employees from any claims of any snd all persons suffering injury to their person or property in any harmer arising or growing out of Lessee's occupation of the demised ,remises under this Deed of Lease; and 4. That the Lessor hereby designates the Office of Billings nd Collections, p. O. Box 2199, Roanoke, Virginia 24009, as the agent of the Lessor for the collection of rents and directs that iipayment of all rents to accrue hereunder shall be made by the iiLessee to such agent. Any and all notices, requests or demands i!given or required to be given under this Lease shall be in writing "and mailed by Registered or Certified Mail, postage prepaid, to !:the aforesaid Office of Billings and Collections. The Lessee hereby desiEnates William B. Timberlake, LTC whose address is 401 E. Main Street. Richmond. VA 25219 , as the agent of the Lessee for the purpose of accepting notice as may be herein provided. IN WITNESS WHEREOF, the parties hereto have affixed their .:signatures and seals. This Lease Agreement is accepted this 18th day of June ATTEST: CITY OF ROANOKE H. B. Ewert, City Manager ,\ · / ~ ~ , By ;~ELLIAM J. ~CADDIN, Ma~or General ~t ~~--~ Adl~ant Genera~ [LLIAM B.-TIMBHRLAK~, LTC Facility Management Officer - 2 - Tho oath da~ of Hovoaber. 1960. No. 1425d. AR OFD~NANC~ 8Ii, nifO'lng he~ofo~ acqul~d fo~ v~ t~at~nt plant ~ not p~ntl~ M~ed W~a-q, this Council, et Ira meeting of Rove~i~e ~, 1960, l~fer~ed to a co~!tt~, c~po~ of Cguncll~n ~nton O. Chal~n, ~ ~oy R. ')liar.:, t~ City ~ ~d Colo~I ual J. LIFht, for study and ~c~ndation Vl~lnla A~y N~t~anal ~ua~ to lease '~to la~ In %~ ~r Field a~a as a site fop a ~htcle stooge c~ po~d fo~ ap~xlmately ~90 A~ ~hlcles for a ~1~ of ~t~- fl~ ~a~; amd ~A3, the afo~sald c~ittee, a~e~ ~, BE ~ O~A~ b7 the Co~cll of t~ Clty of RO~ that t~ D~r Clty Officials ~e, and t~y a~ ~by, au~, ~r a~ on be~lf of t~ City ~to t~ Violate A~ Ratlo~l G~ an ~ ~ ~ ~t 1~, slt~ ~ the City's ~ dlm~l ~ st ~t~-~w ~ to ~ ~ ~or a ~ele the ¢1~ Office of r~e Cily Clen~ May 13, 1987 File #468B Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 28629, authorizing you to enter into a Lease Agreement with Industria~ Development and Investment Company for the water from Muse and House Springs, which Ordinance was adopted by the Council of the City of Roanoke on first reading on Monday, May 4, 1987, also adopted by the Council on second reading on Monday, May 11, 1987, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC City Clerk MFP:ra Enc· cc: Mr. Frank W. Rogers, Jr., Attorney, P. O. Box 2240, Roanoke, Virginia 24016 Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Ms. Deborah J. Moses, Chief, Billings and Collections Mr. Kit B. Kiser, Director of Utilities and Operations Mr. M. Criag SIuss, Manager, Water Production Room456 MuniclpalBulld~ng 215C~urchAve~ue, S.W. Roanc~e, Virglnia24011 (703)98~1.2541 IN THE COUNCIL OF THE CITY OF HOANOKE, The l~th day of May, 1987. No. 28629. VIRGINIA, AN ORDINANCE authorizing the proper City officials to enter into a Lease Agreement for the water from the Muse and House Springs upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and the City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, a Lease Agreement with Industrial Development & Investment Company for the water from the Muse and House Springs and certain appurtenances for a fifteen (15) year term commencing July 1, 1990, at an initial annual rental rate of $4,000.00, said Lease to contain certain other terms and conditions as may be deemed to be in the City's best interests as set forth in the report to this Council dated May 4, 1987. ATTEST: City Clerk Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Roanoke, Virginia May 4, 1987 Subject: Background: A. B. Bid for Leasing the Water from Muse and House Springs Bids were received April 20, 1987 after due and proper advertise- ment for the lease of waters from Muse and House Springs. One bid only was received, and that bid was from Industrial Develop- ment and Investment Company (IDICO) as follows: Term proposed beginning July 1, 1990 for 15 years thereafter. Lease rate proposed: 1990 to 1994 - $4,000.00 annually 1995 to 1999 - $5,000.00 annually 2000 to 2004 - $6,000.00 annually C. Lessee, by bid requirement, must: Do 1. Maintain springs and spring houses, pipe lines and general cleanliness in the area. 2. Relinquish the water back to the City in the event the City deems there is a water shortage. 3. Indemnify and hold the City harmless from any cause of action arising from the lease. Currently the flows of water from the springs are leased to IDICO for a 5-year term beginning 1985 for the lease rates of: 1st year - $2,000.O0/year 2nd year - $2,500. O0/year Last 3 years - $3,000.O0/year E. No guarantees are given by the City regarding quality or quantity. II. Issues in order of consideration are: A. Support for industrial needs. B. Cost of alternate source of water. C. Reasonable lease fee. Page 2 III. Alternatives: Ao Council authorize a lease with IDICO in accordance with the advertisement and bid and such normal lease provisions as deemed prudent by the City Attorney. 1. ~upport for industrial needs would be shown. Cost of alternate source of water if from the normal City service would be considerably greater, the exact amount depending on the volume of water used. 3. Reasonable lease fee would be provided. B. Council not authorize a lease with IDICO in accordance with the bid received. 1. Support for industrial needs may be perceived insufficient. Cost of alternate source of water would likely be greater, if from the normal City service and depending on the vol- ume of water used. 3. Reasonable lease fee would be judged as being lacking. IV. Recommendation: Council authorize a lease agreement with Industrial Development and Investment Company in accordance with Alternative "A". Respectfully submitted, Bid Committee: ~ Chairman  liam F. Clark Kit B. Kiser KBK:afm CC: City Manager City Attorney Director of Finance Mr. Frank W. Rogers, Jr., Attorney for IDICO Roanoke, Virginia May 4, 1987 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Bid for Leasing the Water from Muse and House Springs I. Background: Bids were received April 20, 1987 after due and proper advertise- ment for the lease of waters from Muse and House Springs. One bid only was received, and that bid was from Industrial Develop- ment and Investment Company (IDICO) as follows: Term proposed beginning July 1, 1990 for 15 years thereafter. Lease rate proposed: 1990 to 1994 - $4,000.00 annually i995 to 1999 - $5,000.00 annually 2000 to 2004 - $6,000.00 annually C. Lessee, by bid requirement, must: 1. Maintain springs and spring houses, pipe lines and general cleanliness in the area. Relinquish the water back to the City in the event the City deems ther~ is a water shortage. Indemnify and hold the City harmless from any cause of action arising from the lease. II. D. Currently the flows of water from the springs are leased to IDICO for a 5-year term beginning 1985 for the lease rates of: 1st year - $2,000.O0/year 2nd year - $2,500.O0/year Last 3 years - $3,000.O0/year E. No guarantees are given by the City regarding quality or quantity. Issues in order of consideration are: A. Support for industrial needs. B. Cost of alternate source of water. C. Reasonable lease fee. Page 2 III. Alternatives: Council authorize a lease with IDICO in accordance with the advertisement and bid and such normal lease provisions as deemed prudent by the City Attorney. 1. Support for industrial needs would be shown. Cost of alternate source of water if from the normal City service would be considerably greater, the exact amount depending on the volume of water used. 3. Reasonable lease fee would be provided. Council not authorize a lease with IDICO in accordance with the bid received. S_upport for industrial needs may be perceived insufficient. Cost of alternate source of water would likely be greater, if from the normal City service and depending on the vol- ume of water used. IV. 3. Reasonable lease fee would be judged as being lacking. Recommendation: Council authorize a lease agreement with Industrial Development and Investment Company in accordance with Alternative "A". Respectfully submitted, Bid Committee: ~ Chairman William F. Clark Kit B. Kiser KBK:afm cc: City Manager City Attorney Director of Finance Mr. Frank W. Rogers, Jr., Attorney for IDICO Office of the CJty Clerk April 22, 1987 File #468B Mr. Robert A. Garland, Chairman ) Mr. William F. Clark ) Committee Mr. Kit B. Kiser ) Gentlemen: The following bid from Industrial Development and Investment Company for the lease of the flow of the Muse and House Springs waters located at the intersection of Route 116 and Garden City Boulevard, was opened and read before the Council of the City of Roanoke at a regular meeting held on Monday, April 20, 1987: Term proposed beginning July I, 1990: 15-year lease Lease Rate Proposed: 1990 to 1994: $4,000.00 1995 to 1999: 5,000.00 2000 to 2004 6,000.00 On motion, for study, duly seconded and adopted, the bid was referred report and recommendation to Council. Sincerely, ~iary F. Parker, ChiC City Clerk to you MFP:ra cc: Industrial Development and Investment Company, A Partnership, 1912 Ninth Street, S. E., Roanoke, Virginia 24013 Mr. Wilburn C. Dibling, Jr., City Attorney I~:x~m456 Munlclpal~uildlng 215C~nurchA'.~nue, S.W. Ro~noke, Vlrgtnla24011 (703)981-2541 ADVERTISEmeNT OF PROPOSED LEASE The City of Roanoke shall receive bids for the lease of the flow of the Muse and House Springs waters located at the inter- section of Route 116 and Garden City Boulevard, without any warranty as to the amount of flow, purity or otherwise, together with easement areas 10 feet in width running from the present terminus of its pipe at the former pumping station to the northerly boundary line at or near the Roanoke River and from the terminus of the pipe in a southerly direction to the springs. The lease term shall be for 15 years, commencing July 1, 1990. Lessee will be responsible for all maintenance associated with the spring houses, pipe lines and general cleanliness of the area. Lessee will indemnify and hold the City harmless from any cause of action arising from any lease. City will reserve the right to regain control of the water in the event of a water shortage. Bids will be received in the Office of the City Clerk, 456 Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011, until 1:30 p.m., on Monday, April 20, 1987, and held unopened until 2:00 p.m., Monday, April 20, 1987, at which time all such bids will be opened and read at the regular meeting of City Council. A copy of the full text of the proposed ordi- nance and the bid form is available in the Office of the City Clerk. The City of Roanoke reserves the right to reject any or all bids and to judge the proposals on total merit. NOTE: Please publish in the morning edition on Friday, March 27, Friday, April 3, Friday, April 10, 1987, and Friday, April 17, 1987. Please send bill to the City Clerk, 456 Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011. INDUSTRIAL DEVELOPMENT & INVESTMENT COMPANY, 1912 Ninth Street, S.E., Roanoke, VA April 15, 1987 A Partnership 24013 Office of General Services 453 Municipal Building 215 Church Avenue Roanoke, VA 24011 In re: Muse Spring Dear Sirs: On behalf of Industrial Development & Investment Company, a Partnership, I enclose herewith its bid for a fifteen-year lease of the waters from Muse and House Springs for the lease rates set forth in the bid form enclosed. Sincerely yours, INDUSTRIAL DEVELOPMENT & INVESTMENT COMPANY, a Partnership by W. Duval Adams, Manager April 15, 1987 Office of General Services 453 Municipal Bldg. 215 Church Avenue Roanoke, VA 2401~ BID FORM IndustrialDevelopment and Investment Company, A Partnership Lease of the Waters from Muse and House Springs 1. Term proposed beginning July 1, 1990: 2. Lease Rate Proposed: 1990 to 1994 : 15-year lease $4,000 1995 to 1999 : $5,000 2000 to 2004 : $6.000 3. Other items proposed: INDUSTRIAL DEVELOPMENT & INVESTMENT COMPANY, a Partnership W. Duval Adams, Manager April 15, 1987 NOTE: Bidders will be required to enter into a lease agreement in a form acceptable to the City Attorney, which agreement will contain provisions for the City to regain control of the waters, indemnification, maintenance and such other provisions deemed in the be$'t interest of the City. City reserves the right to reject any or all bids and to nego- tiate the terms.of a lease with any bidder.