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HomeMy WebLinkAboutCouncil Actions 07-14-8628235 REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL July 14, 1986 7:30 p.m. AGENDA FOR THE COUNCIL_- Call to Order -- Roll Call· AZ1 pre~ent. The invocation will be delivered by The Reverend Arthur E. Grant, Pastor, Woodlawn United Methodist Church. Pr~eFpl~. 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 and Members of Roanoke City Counci I. Framed pict~e presented to Congressman James R. 0~in, of Common- wealth of V~gi~ia Building. Presentation by Center-in-the-Square· Presented check in the amount of $7,000.00 representing proceeds from Henry Street p~oduction. OPENINGS A. Bids for rehabilitation of 5th Street Bridge over N & W Rail way. Three bids were refer,ted to a committee composed of Messrs. Garland, Chairman, Clark and Huffine. PUBLIC HEARINGS Public hearing on the request of Rafael and Gwendolyn S. Porres that a portion of Frantz Street, N. W., approximately 499·21 feet in length, be permanently vacated, discontinued and closed. Mr. Curtis W. Fitzgerald, Spokesman, Adopted Ord~L~ance No. 28235 (7-0) on fi~t reading. Public hearing on the request of FF~ Oevelopers that five parcels of land located on Hersnberger Road, N. W., near Cove Road, containing approximately 1.5 acres, designated as Official Tax Nos. 2560801, 2560802, 2560814, 2560815 and 2560816, be rezoned from RS-3, Single Family Residential District, to RO, Ouplex Residential District· Mr. W. H. Fralin, Attorney. Adopted Ordinance No. 28236 (5-0, Mr. H~vey abstai~ng; Mr. Trout out of Council Chamber) on first reading. (1) C. Public hearing on the request of Mrs. W. Jackson Shepherd and Mr. George B. Jennings, t/a Jennings-Shepherd Realty Company, that a certain tract of land located at 2610 Roanoke Avenue, S. W., con- taining approximately 1.842 acres, designated as Official Tax No. 1430102, be rezoned from RS-3, Single Family Residential District, to ~M~ Light Manufacturing District· Mr. George B. Jennings, Spokesman. Adopted Ordinance No. 28237 (7-0) on ~i~t r~ding. D. Public hearing on the request of The Most Reverend Walter F. Sullivan, Bishop of the Roman Catholic Diocese of Richmond, Virginia, that a tract of land containing approximately 5.2 acres, located on the westerly side of North Jefferson Street, bounded on the west by Gainsboro Road, and on the south by Patton Avenue, N. W., designated as Official Tax Nos. 2021802, 2021901, 2021902, and 2011001, including a closed portion of Rutherford Avenue, N. W., be rezoned from C-4, Central Business Expansion District, to RG-2, General Residential District· Mr. Evans B. Jessee, Attorney. Adopted Ordinance No. 28238 (6-0, Mr. Bowers abstaining) on first reading. E. Public hearing on the request of Joe Bandy and Son, In.c., that a tract of' land containing approximately 2.0 acres, located south of the N & W Railway right-of-way and west of'Murray Road, S. W., designated as a portion of Official Tax Nos. 5210601, 5210605, 5210606, 5210607 and 5210608, be rezoned from C-2, General Commercial District, to LM, Light Manufacturing District, subject to certain proffered conditions. Mr. Edward A. Natt, Attorney. Adopted Ordinance No. 28239 {7-0) on fi~t reading. F. Public hearing on the request of Thomas A. Kiser that a tract of land containing approximately 1/5 acre, located at 1911 Memorial Avenue, S. W., between Memorial Avenue and Denniston Avenue, being a portion of Lots 14 and 15, Block 5, Section 1, Virginia Heights, designated as Official Tax No. 1330302, be rezoned from C-1, Office and Institutional District, to C-2, General Commercial District, subject to certain proffered conditions. Mr. Thomas A. Kiser, Spokesman. Adopted Ordinance No. 28240 (7-0) on fi~ reading. 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 Minutes of the regular meetings of Council held on Monday. June 9, 1986, and Mond'ay, June 16, 1986. RECOMMENDED ACTION: Dispense with the reading thereof and approve as recorded. C-2 A communication from Mr. W. H. Fralin tendering his resignation as a member of the Youth Services Citizen Board. C-3 C-4 C~5 C-6 C-7 C-8 C-9 RECOMMENDED' ACTION: Accept resignation with regret and receive and file communication. A communication from Mr. Robert 8~_Sears reappointment to the Roanoke Arts Commission. RECOMMENDED ACTION: Receive and file. declining his A communication from Mr. Gordon E. Peters, Treasurer, transmitting the June, 1986, Statement of 1985-86 Revenue Receipts for the City Treasurer's Office. RECOMMENDED ACTION: Receive and file. A list of items pending from July 10, 1978, through June 23, 1986. RECOMMENDED ACTION: Receive and file. A communication from Mayor Noel C. Taylor requesting an Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and com- mittees appointed by Council, pursuant to Section 2.1-344 (a (1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene n Executive Session to discuss personnel mat- ters relating to vacancies on various authorities, boards, commissions and com- mittees appointed by Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950), as amended. Qualification of Cecil H. Guilliams as a member of the Roanoke Neighborhood Partnership Steering Committee to fill the unexpired term of Robert M. Lyon, resigned, ending November 16, 1986. RECOMMENDED ACTION: Receive and file. Qualification of George A. McLean, Jr., and Clifford A. Hammer as members of the Fair Housing Board for terms of three years each ending March 31, 1989. RECOMMENDED ACTION: Receive and file. Qualification of Margaret C. Youth Services Citizen Board for a May 31, 1989. Martin as a member of the term of three years ending RECOMMENDED ACTION: Receive and file. (3) C-10 Qualification of Bobby L. Browning as a member of the Personnel and Employment Practices Commission for a term of three years ending June 30, 1989. RECOMMENDED ACTION: Receive and file. C-11 Qualification of S. L. Lovelace as ~_member of the Board of Fire Appeals for a term of four years ending June 30, 1990. RECOMMENDED ACTION: Receive and file. C-12 Qualification of F. Wiley Hubbell as a member of the Board of Trustees, City of Roanoke Pension Plan, for a .term of four years ending June 30, 1990. RECOMMENDED ACTION: Receive and file. Execu~r~Lve S~sio~: ~$t. M~s~_~t= P~t~onnelm~er; CX~Cy A~orney - Leg~m~u~ter; City Manager - Dispos~on of pub~Lcly held prope~y. REGULAR AGENDA Hearing of Cit zens Upon Public Matters: a. Request of Mr. Roy S. Abbott to address Council The City Manage~ and Mr. Abbott w~e requited to d~c~s concer~ expr~sed by ~. Abbott. Petitions and Communications: A communication from the Roanoke City School Board requesting that numerous appropriations be made to various school accounts. Adopted Ordnance No. 28241 (7-0). 5. Reports of Officers: a. City Manager: ~riefings: A report with regard to development of City Code amend- ments to allow partial deregulation of the ambulance service operations within the City. Concurred in recommenda~Lon. Items Recommended for Action: 2. A report recommending authorization to issue Change Order No. 3, in the amount of $6,468.00, to the contract with Gardner-Smith, ~ncorporated, for construction of tennis courts and the concession building at the Roanoke Sports Complex. Adopted Ord~Lnance No. 28242 (7-0}. 3. A report recommending the transfer of funds within the Community Development Block Grant budget to provide for reprogramming of unspent funds. Adopted Ord~inance No. 28243 (4) 4. A report recommending authorization to accept Grant No. 86-I-7 from the Department of Corrections for con- tinuation of coordinated planning and program implemen- ta'tion of the Office on Youth. Adopted Ordinance No. 28244 (7-0) and Resolution No. 28245 (7-0). 5. A report recommending authorization to execute a contract with TAP for use of $4~000.00 of CDBG funds for completing renovation and equipping of the Harrison Heritage and Cultural Center. Adopted Ord~Lnance No. 28246 (7-0). A report recommending authorization to execute a Marine Resources Commission permit for six stream crossings for the Mud Lick Creek Sanitary Sewer Replacement - Phase II. Adopted Ordinance No. 28247 (7-0). 7. A report with regard to a contract for services with the Roanoke Redevelopment and Housing Authority. Adopted Ordinance No. 28248 (7-0). 8. A report with regard to a land option at the Roanoke Centre for Industry and Technology. WITHPRAWN. A report with regard to the disposition of C & 0 Steam Locomotive No. 1604 which was damaged during the November, 1985 flood. Adopted Ordinance No, 28249 (7-0). 10. A report recommending authorization to execute an agreement with the Gainsboro Project Area Committee and the Gainsboro Neighborhood Development Corporation pro- viding for certain activities within the Gainsboro Redevelopment Area during fiscal year 1986-87. Adopted Ordinance No. 28250 (7-0). 11. A report recommending endorsement of the City's appli- cation to HUD for the 1986 Rental Rehabilitation Proqram allocation of $51,000.00. Adopted R~olu~CZon No. 282~ (7-0). City Attorney: Reports l. A report transmitting a Resolution relacing to the pro- vision of certain benefits to tem~)rary, full-time car- diac technicians in the employ of the City. Adop£ed No. 28252 (7-0). 2. A report transmitting an Ordinance to amend the City Code with regard to inoperative motor vehicles. Adopted Ordinance No. 28253 (7-0). of co~-mi ttees: a. A report of the Flood Plain Committee requesting that mem- bership be increased from seven to ten, to allow represen- tation from the Downtown area, the Norfolk and Southern Railway, and one citizen not directly affected by t~e ...... j ym_c t J 9 _E The City Managerrequ~ted that Council hold a pubZic he~ing on Monday, Yuly 28, at 2:00 p.m., on an Urban Developme~ Action Gra~. Conc~ed in requ~t. (5) 10. A report of the Flood Plain Committee recommending that Council notify the Corps of Engineers that the City is still interested in the Roanoke River Channel Widening Project and desires local costs and benefits to be in keeping with the originally recommended project as pre- sented on November 2, 1983, less the flood warning system. Mr. Kit B. Kiser, Chairman. Adopted ~o£at~Lon No. 28254 (7-0). Unfinished Business: None· Introduction and Consideration of Ordnances and Resolutions: Ordinance No. 28217, on second reading, authorizing the proper City officials to enter into a five-year lease bet- ween the City and the Virginia State Department of Health, for use of the Health Center Facility and surrounding pro- perty at Campbell Avenue, S. W., and 8th Street, S. W., upon certain terms and conditions. Adopted Ordinance No. 28217 (7-0). Motions and Miscellaneous Business: Inquiries and/or comments by the Mayor and members of City Council. b. Vacancies on various authorities, boards, commissions and committees appointed by Council. Other Hearings of Citizens: Greg Tu~tner appeared, before Council in regard to paimting house numbe~ on curbs. The Cd~y Manager and C~y Attorney were requ~ated to discuss the m~ter with Mr. Turner. Elected the following per~o~: Thomas D. Taylor - Adv~ory Committee, Crystal Spring Pumping St~on Corbin Wilson - Board of Fire Appeals Harold Ky~e - Cit~zen~' Services Committee Warner N. Dalhouse - ]effe~on High School Committee Eleanor Alv~ - Mill Mtn. Development Committee Von W. Moody was appoi~ed to the position of Director of Real Estate Valuation, effective August I, 1986, ~ an annual salary of $4S,600.00. IMess~ Harvey and Mu~ser voting no). (6) Office of the M~or July .2~, 1986 Mr. William S. Hubard, General Manager Center In The Square 1 Market Square, S. E. Roanoke, Virginia 24011 Dear Bill: On behalf of the City of Roanoke, I would like to express apprecia- tion to Center In The Square,.Mill Mountain Theater, and the cast of the Henry Street production for their, generous donation of $7,000.00 representing proceeds from Henry Street. Your check has been deposited in a special Henry Street account and will be used toward the revitalization of Henry Street. I have a dream that the Henry Street of the past can be revitalized and brought back to life. I know there are many other individuals who share with me in my dream. By working cooperatively together, we can make our dream a reality. Sincerely, Noel C. Taylor, Mayor City of Roanoke NCT:jas Room 452 Municipal Building 2t5 Church Avenue, S.W. Roanoke, VIrgin~a 2401 t (703) 98~-2444 MINUTES CONSIDERED AT THIS COUNCIL MEETING MAY BE REVIEWED ON LINE IN THE "OFFICIAL MINUTES" FOLDER, OR AT THE CITY CLERK'S OFFICE July 17, 1986 File #304-15 Mr. W. H. Fralin 3912 Electric Road, S. W. Roanoke, Virginia 24018 Dear Mr. Fralin: Your communication tendering your resi§nation as a member of the Youth Services Citizen Board, was before the Council of the City of Roanoke at a regular meeting held on Monday, July 14, 1986. On motion, duly seconded received and filed and the and adopted, the communication was resignation was accepted with regret. The Council requested that I express its sincere appreciation for the many services you have rendered to the City of Roanoke as a member of the Board. Please find enclosed a certificate of appreciation issued by the Mayor on behalf of the members of City Council. Sincerely , Mary F. Parker, CHC City Clerk MFP:se Enc. cc: Mrs. Carol B. Marchal, Chairman, 2320 Mt. Roanoke, Virginia 24015 Mrs. Marion V. Crenshaw, Youth Planner Vernon Road, Room456 Munlcil:~alButldlng 215C~urchAv~nue, S.W. Rocr~,~rglnla24011 (703)981-2541 LAW OFFICES JOLLY, PlaCE, FRALIN & PRILLAHAN, PC. D ' :.~ i 39~2 ELECTRIC ROAD. S.W. ROANOKE, VIRGINIA 24018 June 24, 1986 SALEM, VA 241S3 IO5 N. COLO~ADO STREET GALAX, VA 24333 Marion V. Crenshaw Youth Planner Office on Youth 215 Church Avenue, Roanoke, Virginia So Wo 24011 Dear Marion: I have enjoyed very much serving on the Board of Youth Services. However, due to other commitments, I must resign at this time. If I can be of help in any way, please let me know. Very trul~ yo]~rs, W. H. Fralin WHF/mu Office of tho Council July 25, 1986 File #230-15 Mr. Robert B. Sears 2818 Avenel Avenue, S. W. Roanoke, Virginia 24015 Dear Mr. Sears: Your communication declining your reappointment to the Roanoke Arts ~ommission, was before the Council of the City of Roanoke at a regular meeting held on Monday, July 14, 1986. On motion, duly seconded and adopted the communication was received and filed. ' The Council requested that I express its sincere appreciation for the many services you have rendered to the City of Roanoke as a member of the Commission. Please find enclosed a certificate of appreciation issued by the Mayor on behalf of the members of City Council. Si ncerely, Mary F. Parker, CMC City Clerk MFP:se cc: Mr. Timothy L. Jamieson, Chairman, Roanoke Arts Commission, 6857 Sugar Rum Ridge, Roanoke, Virginia 24018 Room 456 Municipal Building 215 O'~urcfl Avenue, S.W. I~. V~rglnla 2401 i (703) 981-2541 2 July 1...,6 Mr. Robert B. Se. ars 2~31E~ Avenel Avenue, S.W. Roanoke, VA 24015 It is with great reluctance that I accept your letter of resignation on behalf of Roanoke's Art Commission. You have been ti~e ~'backbone" of this [~rganiza- tien for over fOL'.r years. Frankly~ ~ am not sqre there would he an Arts C[~mmission iF it wasn't Fnr you. You have served the ¢it.y of Roanoke well, and I personally thank you for all that you've done. ~uo, I cisa.qree with you on one point ("like I always do")~ if you ilave !lad "no special expertise" in being on this commission then i don't know what business I haw~ being on it either. You !lave worked very hard and done a tremendous .inb. W'.? witl all miss you and your expertly edited meeting notes. We sincerely hope you will come hack and visit an~,.ime you wish. Our blessings '.-lO witi~ you and ynur f~mily. Very truly yours~ TLJ/skm cc: Mrs. Mary Parker Mrs. ,]oyce Sink Timm Jamieson C~alrma,/~ Roallo!~e Arts Commission Office of the City July 17, 1986 File #34 Mr. Uordon E. Peters City Treasurer Roanoke, Virginia Dear Mr. Peters: Your communication transmitting the June, 1986, Statement of 1985-86 Revenue Receipts for the City Treasurer's Uffice, was before the Council of the City of Roanoke at a regular meeting held on Monday, July 14, 1986. On motion, duly seconded and unanimously adopted, the statement was received and filed. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Room456 MunlcipolBuilding 2'~5C~urchAvemue, S.W.P. oonc~e,~rglnla24011 (703)981-2541 GORDON E, PETERS TREASURER DAVID C. AND£R$ON ASST. TREASURER POST OFFICE BOX 1451 ROANOKE, VIRGINIA 24007 (703) 981-256'1 July 7, 1986 Mayor Noel C. Taylor, and Members of Roanoke City Council Re: 1985-86 Revenue Receipts - City Treasurer's Office Month of June, 1986 Dear Mayor Taylor and Members of City Council: I am attaching hereto the June, 1986, Statement of 1985-86 Revenue Receipts for the City Treasurer's Office. This report is only for your information, and if you have further questions pertaining to any of the figures, please do not hesitate to advise. .~y~Sincere.l~' yours, Gordon E, Peters Treasurer GEP/mvc Attachment CITY OF R0ANOKE, VIRGINIA TREASURER'S OFFICE 198511986 REVENUE RECEIPT5 JUNE 1986 FY 198411985 FY 198511986 INCREASE PERCENT dUNE JURE TO DATE JUNE TO DATE IDECREASE) CHARCE 1986 REAL ESTATE $23,884,307.89 $24,050,957.85 $196,649.96 0.88[ $184,793.59 PERSONAL PROPERTY $8,588,798.64 S10,696,371.36 $8,167,572.72 23.41[ $I,685,§85.32 LOCAL 5ALES TAX 1[ $9,559,035.96 $10,874,668.I5 $1,I1§,63§.19 18.05[ $844,189.0! STATE 5ALES TAX 16,851,419.00 $6,678,010.00 S456,§97.00 7.34[ $464,099.00 8USINE55 LZCEN5E $5,862,834.35 S§,817,270.74 (S45,563.79! -0.78[ S469,344.10 OOC TACS $55,471.00 $24,808.00 1S663.00~ -2.60[ $1,042.00 UTILITIES ICITY) $9,090,441.15 $9,633,263.96 $603,322.81 6.68[ S699,231.54 UTILITIES (CONPANY) S6,537,737.02 $6,699,198.10 $161,461.08 2.47~ SS15,TST.20 AUTO OECALS $1,199,744.36 $1,165,992.72 $26,188.46 2.50[ [158,329.80 PARKINC TICKETS $113,884.32 $126,919.54 $19,095.22 11.45[ $9,028.50 TRANSIENT ROOM $525,737.09 $615,499.29 $87,756.20 16.69[ $59,622.47 ADNISSION TAX $126,597.80 $58,681.70 1557,916.10! -29.955 $4,811.74 CICARETTE 5TANPS $279,010.86 $276,492.75 $3,481.89 1.55[ $50,269.58 TOTAL REVENUE $71,499,009.92 $76,246,067.§6 $4,747,057.64 DATE: dULY 7, 1986 NOTE: FY 1985/1986 PERSONAL PROPERTY INCLUDES $1,516,799.09 PUBLIC SERVICE PAYNENTS CORDON E. PETER5 Pending Items from July 10, 1978, through June 23, 1986. Referral Date Referred To Item 7/10/78 City Manager 12/19/83 City Attorney (Electoral Board will request a legal opinion from the Attorney General.) 3/18/85 4/1/85 Commissioner of Revenue Director of Real Estate Valuation City Manager Director of Finance City Manager City Attorney Director of Finance Commissioner of Revenue 5/6/85 City Manager 8/12/85 City Manager 8/12/85 City Manager Recommendation No. 11 contained in the Mayor's 1978 State of the City Message. (Development of Mill Mountain - hotel.) Communication from David A. Bowers, Chairman, Roanoke Democratic Party, transmitting certain recommended changes in the present voting precincts, to be made effective after the City Council elections in the spring of 1984 and before the general elections in the fall of 1984. Matter of biennial real estate assessments as requested by Concerned Citizens and Taxpayers of Roanoke, Inc. Request to study a property tax scheme used in Harrisburg, Pennsylvania, to investigate legality of same in Virginia, and to advise Council if beneficial to the City. Communication from Vice-Mayor James G. Harvey, II, in regard to a Sister City relationship with Asheville, North Carolina. Mayor's State of the City recom- mendation No. i - establishment of a working relationship with the volunteer rescue squads and the Roanoke Historical Society for the purpose of establishing a museum and national headquarters for volunteer rescue squads in the City. Mayor's State of the City recom- mendation No. 6 - invitation to Roanoke County to join the City in development of a joint study to be conducted by a specialist firm to determine economic impact resulting in consolidation of the two jurisdictions. (1) Pending Items Referral Date 8/12/85 1/6/86 3/3/86 3/17/86 6/2/86 6/2/86 6/2/86 6/23/86 6/23/86 from July 10, 1978, through June 23, 1986. Referred To Item City Manager City Manager City Attorney Howard E. Musser Laddie Fisher Richard S. Thomas Member - Salem Vietnam Veterans Chapter No. 14 Member - Roanoke Science Museum City Manager Matters from Concerned Citizens and Taxpayers of Roanoke, Inc., regarding contract assessors in the reassessment process, and, Design '85. Matter with regard to zoning in Old Southwest section of City with request for a report in con- junction with recommendations for implementing certain phases of a study prepared by Buckhurst, Fish, Hutton & Katz relating to zoning and development control within Old Southwest. Request of the Salem Vietnam Veterans Chapter No. 14 of the Disabled American Veterans to establish a permanent memorial to the brave men and women involved in the Space Shuttles Challenger and Gemini tragedies. Request of Council member Trout for information on amount of funds expended by the City on rental or lease agreements for firehouse since the 1976 annexa- tion. Robert A. Garland George C. Snead, Jr. Kit B. Kiser Bids for Roanoke City Jail pod addition. City Manager City Manager Commissioner of Revenue City Treasurer Robert A. Garland George C. Snead, Jr. William F. Clark Request to investigate and report on illegal parking in designated handicapped parking spaces throughout the City. Request to investigate and make recommendations on the procedure to obtain City decals. Bids for Mill Mountain Park - Phase II Improvement Project. City Manager Matter regarding distribution of cheese and butter to elderly per- SO~S. (2) Office of the Mayor July 10, 1986 Honorable Members of Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: I wish to request an Executive Session on Monday, July 14, 1986, to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950), as amended. Sincerely, Mayor NCT:js Room 452 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 2401 t (703) 981-2444 Or'ce cf f~e 0~/~le~ July 18, 1986 File #15-488 Mr. Lewis W. Peery Chairman Roanoke Neighborhood Partnership Steering Committee 508 Rutherford Avenue, N. W'. Roanoke, Virginia 24016 Dear Mr. Peery: This is to advise you that Cecil H. Guilliams nas qualified as a member of the Roanoke Neighborhood Partnership Steering Committee to fill the unexpired term of Robert M. Lyon, resigned ending November 16, 1986. , Sincerely, Mary F. Parker, CHC City Clerk MFP:se cc: Ms. Jinni Benson, Acting Partnership Coordinator, Roanoke Neighborhood Room456 Munk:ipalBuJldlng 2'~5ChurchAv~que, S.W. Roanoke, Vlrglnlo24011 (703)98t-254'~ 8~ 0~i;4 p~ 01369 Oafh or Affirmation of Office 8tare o! Virginia, City of Roa~mke, to.wit: I, Cecil H. Guilliams ., do solemnly SWear (or affirm) that I will support the Constitution of the United States, and the Constitution of the State of Virginia, and that I will falthfnlly and impartially discharge and perform all the duties incumbent upon me a member of the Roanoke Neighborhood Partnership Steering Committee to fill the unexpired term of Robert M. Lyon, resigned, ending November 16, 1986, according to the best of my ability. So help me God. ~ ~, Deput~ Clerk Office of ~he City Clem November 14, 1985 File #15-~88 Mr. Cecil H. Ruilliams 113n Hartsook Boulevard, Roanoke, Virginia 24G14 Dear Mr. Ruilliams: At a regular meeting of the Council of the City of Roanoke held on ~onday, November 11, lqR5, you were elected as a member of the Roanoke Neighborhood Partnership Steering Committee to fill the unexpired term of Robert M. Lyon resigned, ending November 16, lqRA. ' Enclosed you will find a certificate nf your election and an Oath or Affirmation of ~ffice which may he administered by the Clerk of the Circuit Court ef 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 45A in the Municipal Ruilding prior to serving in the capacity to which .you were elected. Sincerely, Mary F. Parker, CNC City Clerk ~IFP:se Eec. cc: ~r. Lewis W. Peery, Chairman, 5D8 Rutherford Avenue N. H Roanoke, Virginia 24016 ' '' ~r. Earl R. Reynolds, Jr., Chief of Community Planning Ms. Andree Tremoulet, Neighborhood Partnership Coordinator Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 2401 t (703) 981-254t C~IMMONWEALTH OF VIRGINIA CITY OF ROAN~KE ) ) To-wit: ) I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council held on the llth day of November, lg85, CECIL M. GUILLIAMS was elected as a member of the Roanoke Neighborhood Partnership Steering Committee to fill the unexpired term of Robert M. Lyon, resigned, ending November 16, lg86. ~iven under my hand and seal of the City of Roanoke this 14th day of November, 1985. City Clerk Office of the City July 18, 1986 File #178-15 Mrs. Oolores C. ~aniels Assistant to the City Manager for Community Relations Roanoke, Virginia Dear Mrs. Daniels: This is to advise you that George A. McLean, Jr., and Clifford A. Hammer have qualified as members of the Fair Housing Board for terms of three years each ending March 31, 1989. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Room 456 Municll:~al Building 215 (~urch Avenue, S.W. Roanoke, Virginia 2401 t (70~) 981-2541 00044 Oath or Affirmation of Office Stat~ of Virginia, Cit~/ of ROanoke, to.wit: I, Geo.rqe A. McL~ean, Jr. --., do solemnly swear ('or affirm) that ! will support the Constitution of the United States, and the Constitution 'of the State of Virginia, and that ! will faithfully and impartially discharge and perform all the duties incumbent upon me as____.____ ~ a member of the Fair Housing Board for a term of three years ending March 31, 1989, according to the best of my ability. So help me God. Subscribed and sworn to before me, this__ f--~,~ot .. ~~/~ -~ Deputy Clerk Offlce ofr~eCiryCler~ March 20, 1986 File #15-178 Mr. George A. McLean, Jr. 1623 Center Hilt Drive, S. W. Roanoke, Virginia 24015 Dear Mr. McLean: At a regular meeting of the Council of the City of Roanoke held on Monday, March 17, 1986, you were reelected as a member of the Fair Housing Board for a term of three years ending March 31 1989. ' Enclosed you will find a certificate of your reelection and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Municipal Building prior to serving in the capacity to which you were reelected. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Enc. cc: Mrs. Dolores Daniels, Community Relations Assistant to the City Manager for Room 456 Municipal Building 2t5 Church Avenue, S.W, Roonoke, 'Virginia 24011 (703) 981-2541 COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council held on the 17th day of March, 1986, GEORGE A. MCLEAN, JR., was reelected as a member of the Fair Housing Board for a term of three years ending March 31, 1989. Given under my hand and seal of the City of Roanoke this 21st day of March, 1986. City Clerk 0-2 Oath or Affirmation of Office State of Virginia, Citer o] Roanoke, to .wit: I, Clifford A, Hammer , do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the State of Virghfia, and that I will falthhdly and impartially discharge and perform all the duties incumbent upon me aa a member of the Fair Housing Board for a term of three years ending March 31, 1989, according to the best of tn3' ability. $o help me God. Subscribed and sworn to before me, this Office of the City C]e~ March 20, 1986 File #15-178 Mr. Clifford A. Hammer 2049 Surry Lane, N. E. Roanoke, Virginia 24012 Dear Mr. Hammer: At a regular meeting of the Council of the City of Roanoke held on Monday, March 17, 1986, you were reelected as a member of the Fair Housing Board for a term of three years ending March 31, 1989. Enclosed you will find a certificate of your reelection and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Municipal Building prior to serving in the capacity to which you were reelected. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Enc. cc: Mrs. Dolores Daniels, Community Relations Assistant to the City Manager for Room 456 Municipal Building 2t5 ~nurch Avenue, S.W. Roanoke, Vlrginia 2401 t (703) 98t-2541 COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council held on the 17th day of March, 1986, CLIFFORD A. HAMMER was reelected as a member of the Fair Housing Board for a term of three years ending March 31, 1989. Given under my hand and seal of the City of Roanoke this 21st day of March, 1986. City Clerk July 18, 1986 File #15-304 Mrs. Carol 8. Harchal Chairman Youth Services Citizen Board 2320 Mt. Vernon Road, S. W. Roanoke, Virginia 24015 Dear Hrs. Marchal: This is to advise you that Margaret C. member of the Youth Services Citizen years ending May 31, 1989. Iqartin has qualified as a Board for a term of three Sincerely, Mary F. Parker, CMC City Clerk MFP:se cc: Mrs. Marion V. Crenshaw, Youth Planner Room456 Municll:x~lBuildlng 215C~ut~hA',~"~ue, S.W.l:~:lno~e, Vlrglnla2401~l (703)981-254'~ 0-2 Oath or Affirmation of Office~'~ ' '86 ,J!!l-.3 ~? State oI Virginia, Cit$i oI Roanoke, to.wit: I, Marcjaret C. Martin · do solemnly swear (or al~l~l) that I will suppOl~ the Constitution of the United States, and the Constitution of the State of Virginia, and that I will faithfully and impa~tlally discharge and perform all the duties incumbent upon hie as_. a msmber of the Youth Services Citizen Board for a term of three years ending May 31, 1989, according to the best of my ability. So help me God. ~ Sub.ibed and s~oru to hefore n,e, thi~_~ ~d~ of. ~J.~ / ~ ~& ~ , -- , eputy Clerk C~ce of ~he Cra/ May 30, 1986 File #15-304 Mrs. Margaret C. Martin 1609 Persinger Road, S. W. Roanoke, Virginia 24015 Dear Mrs. Martin: At a regular meeting of the Council of the City of Roanoke held on Tuesday, May 27, 1986, you were reelected as a member of the Youth Services Citizen Board for a term of three years ending May 31, 1989. Enclosed you will find a certificate of your reelection and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Municipal Building prior to serving in the capacity to which you were reelected. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Eric. cc: Nrs. Carol B. Marchal, Chairman, 2320 Mt. S. W., Roanoke, Virginia 24015 Mrs. Marion V. Crenshaw, Youth Planner Vernon Road, R~oom 456 Municipal Bu,ldJng 215 (D~urch Avenue, S,W. Roonoke. Vlrgink~ 24011 (703) 981-2541 COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council held on the 27th day of May, 1986, MARGARET C. MARTIN was reelected as a member of the Youth Services Citizen Board for a term of three years ending May 31, 1989. Given under my hand and seal of the City of Roanoke this 30th day of May, 1986. City Clerk O~ce o~ ~he (]5' O~ July 18, 1986 File #202-15 Mr. Frederick t. ~ulbin Chairman Personnel and Employment Practices Commission 2620 Richelieu Avenue, S. ~. Roanoke, Virginia 24014 Dear Mr. Bulbin: This is to advise you that Bobby t. Browning has quatifiea as a member of the Personnel and Employment Practices Commission for a term of three years ending June 30, 1989. S~ncerely, Mary F. Parker, CliC City Clerk MFP:se cc: Mr. Eric C. Turpin, Manager, Personnel Management Room 456 Municipal Building 2'~5 C~urch Avemue, S.W. Roonoke, Vlrginio 24011 (703) 981-2541 0-2 Oath or ^ffi .. c?, rmar,on of Office State o~ Vi~"finia, ~i~$t o~ Roanoke, to .~: . do ~lemnl2 swear (or affix) I will sup~ the Constitution of the United States, and the Constitution of the State of Virginia, and that I will faithfull2 and impa~iall2 discharge and perform all the duties iucumbent upon me a~. a ;aember of the Personnel and Em~lo~ent Practices Commission for a te~a o~ three years endin¢ ,Tune 30, 1989, according to the best of my ability. So help me God. Subscribed and sworn to before me, this__ ~puty Clerk Office o~ ~he July 2, 1986 File #15-202 Mr. Bobby L. Browning 3465 Kenwick Trail, S. H. Roanoke, Virginia 24018 Dear Mr. Browning: At a regular meeting of the Council of the C~ty of Roanoke on Monday, June 23, 1986, you were reelected as a member of the Personnel and Employment Practices Commission for a term of three years ending June 30, 1989. Enclosed you will find a certificate of your reelection and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return the Uath of Office to Room 456 in the Municipal Building prior to serving in the capacity to which you were reelected. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Eric. cc: ~r. Frederick L. Bulbin, Chairman, Personnel and Employment Practices Commission, 262U Richelieu Avenue, S. W., Roanoke, Virginia 24014 Mr. Eric C. Turpin, Manager, Personnel Management Room 456 Municipal Building 2t5 (~urch Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council held on the 23rd day of June, 1986, BOBBY L. BROWNING was reelected as a member of the Personnel and Employment Practices Commission for a term of three years ending June 30, 1989. Given under my hand and seal of the City of Roanoke this 3rd day of July, 1986. City Clerk July 18, 1986 File #70-15 Mr. Ross C. Hart Chairman Board of Fire Appeals 308 Second Street, S. W. Roanoke, Virginia 24011 Dear Mr. Hart: This is to advise you that member of the Board of Fire ending June 30, 1990. S. L. Lovelace has qualified as a Appeals for a term of four years Sincerely, Mary F. Parker, CHC City Clerk MFP:se cc: Mr. George C. Snead, Jr., Director of Administration and Public Safety Mr. Jerry w. Kerley, Fire Chief Room456 MunlclpalBulldlng 215 Church A~"~ue, S.W. Roanoke, Vlrglnlo24011 (703)981-2541 0-2 Oath or Afflrmatioa of f ice -, 'fi6 , ll ll - ~ : ~ ~ : i 2 Stat~ o] Virginia, Cit~ of Roanoke, to .wit: I, $. L. Lovelace -, do solemnly swear (or affirm) that will support the Constitution of the United States, and the Constitution of the State of Virginia, and that will faithfully and impartially discharge and perform all the duties incumbent upon me as._. member of thc Board of Fire AnDeals for a term of four Years ..... '{-,.l.,j "~ - according to the best of my ability. Subscribed and sworn to before ~ne, thisbe_. So help me God. July 2, 1986 File #70-15 Mr. S. L. Lovelace 320 Hershberger Road, N. W. Roanoke, Virginia 24012 Dear Mr. Lovelace: At a regular meeting of the Council of the City of Roanoke on Monday, June 23, 1986, you were reelected as a member of the Board of Fire Appeals for a term of four years ending June 30, 1990. Enclosed you will find a certificate of your reelection and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. Please return the Oath of Office to Room 456 in the Municipal Building prior to serving in the capacity to which you were reelected. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Eric o cc: Mr. Ross C. Hart, Chairman, Board of Fire Appeals, 308 Second Street, S. W., Roanoke, Virginia 24011 Mr. George C. Snead, Jr., Director of Administration and Public Safety Mr. Jerry W. Kerley, Fire Chief Room 456 Munlclgal Building 215 O~urch Avenue, S.W, Roanoke, Vl~jlnla 240't I (703) 981-2541 Ill l Ill I ......... ,%~ I[' Il [Iff [ IH[ COMMONWEALTH OF VIRGINIA ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council held on the 23rd day of June, 1986, S. L. LOVELACE was reelected as a member of the Board of Fire Appeals for a term of four years ending June 30, 1990. Given under my hand and seal of the City of Roanoke this 3rd day of July, 1986. City Clerk July 18, 1986 File #429-15 Mr. Joel M. Schlanger Secretary-Treasurer City of Roanoke Pension Plan Roanoke, Virginia Dear Mr. Schlanger: This is to advise you that F. W~ley Hubbell has qualified as a member of the Board of Trustees, City of Roanoke Pension Plan, for a term of four years ending June 30, 1990. Sincerely, ~lary F. Parker, CMC City Clerk MFP:se Room456 Municll:~all~ildlng 2150~urchAve~ue, S.W. Roanc:~e, Vlrglnlo24011 (703)981-2541 0-2 Oath or Affirmation of Office c~,, ,: ~ ~ ~ do solemnl~ swear (or ~rm) ~ ~ w~l sup~r~ ~he Constitution of ~he United ~a~es, and ~he Gonstitutio, of the ~e of Virginia, snd ~h=~ [ w~l faithfull~ and imps~ially discharge a~d per~orm all ~he duties incumbent upon me a~ ~?our years ending ,~e 5c',, 19:0, according to the best of my ability. Subscribed and sworn to before me, this__ So help me God. Off~ce of ~he City Clerk June 13, 1986 File #429-15 Mr. F. Wiley Hubbell 3712 Peakwood Drive, S. Roanoke, Virginia 24014 Dear Mr. Hubbell: At a regular meeting of the Council of the City of Roanoke held on Monday, June 9, 1986, you were reelected as a member of the Board of Trustees, City of Roanoke Pension Plan, for a term of four years ending June 30, 1990. Enclosed you will find a certificate of your reelection and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Noo~ 456 i~, Municipal Building prior to serving in the capacity to uhi,sh ,,,~,~ were reelected. Sincerely, ~qary F. Parker, C~tC City Clerk HFP:se Eric. cc: Mr. Joel M. Schlanger, Secretary-Treasurer, City of ~ean~~,~ ~ Pension Plan Room COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council held on the 9th day of June, 1986, F. WILEY HUBBELL was reelected as a member of the Board of Trustees, City of Roanoke Pension Plan, for a term of four years ending June 30, 1990. Given under my hand and seal of the City of Roanoke this 13th day of June, 1986. City Clerk Office of the Council July 14, 1986 Honorable Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Hrs. Bowles and Gentlemen: This is to request an Executive Session to discuss a personnel matter, pursuant Code of Virginia (1950), as amended. on Monday, July 14, 1986, to Section 2.1-344 (a) (1), Si ncerely , HEM:js Room 456 Municipal Building 215 Church Avenue, SW. Roanoke, Virginia 24011 (703) 981-2,54. t WILBURN C. DIBLING. JR. OFFICE O{~ THE CITY ATTORNEY 464 MUNICIPAL BUILDING ROANOKE, VIRGINIA 24011 703-981-2431 July 14, 1986 The Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mrs Bowles and Gentlemen: This is to request an Executive Session of Council pursuant to §2.1-344(a)(6), Code of Virginia (1950), as amended, to discuss a legal matter within the jurisdiction of City Council, speeifically, the terms and conditions of a contract in negotiation. With kindest personal regards, I am Sincerely yours, Wilburn C. ~ling, Jr. City Attorney WCDJr:fef CC: W. Robert Herbert, City Manager Joel M. Sehlanger, Director of Finance Mary F. Parker, City Clerk Roanoke, Virginia July 14, 1986 Honorable Mayor and City Council Roanoke, Virginia Dear Mayor and Members of Council: Please reserve space on tonight's Agenda for an Executive Session to discuss a matter pertaining to the disposition of publicly held property pur- suant to Section 2.1-344-(a)(2) of Code of Virginia (1950), as amended. Respectfully submitted, W. Robert Herbert City Manager WRH/BJW/a '86 , II -7 P! 5'7 REQUEST OF MR. ROY S. ABBOTT TO ADDRESS CITY COUNCIL ON MONDAY, JULY 14, 1986 Good evening. My name is Roy S. Abbott. I live at 1118 Winona Avenue, S. W., and I want to thank this Council for allowing me to speak a few minutes as a searcher for the truth. Mayor Taylor, Council members, ladies and gentlemen, these past few years have been a learning experience for me. It began when Council appointed me to a committee in 1978. Because of this experience I decided to watch City Council and City Government in action; and my learning experience has continued ever since. A short time ago I said to a friend of mine, when you do something good, I like to give you a pat on the shoulder; he answered and said, if I do something wrong, or something you do not like, I would like for you to pat me a little bit lower. I do not have alot to say about how you spend the money. I have a better understanding of how the complications are involved in spending the City's money. I think you have done a very good job, and the City of Roanoke has definitely survived and will continue to grow under your leadership. He who has ears to hear, let him hear. Last year Icom- mented that the pay plan you passed would cause problems; I also stated that the philosophy of the City Manager towards his employees needed changing. There has been no apparent change because you have a serious personnel problem i.e., in the Vehicle Maintenance Department, Police Department, Fire Department, Building Department, Parks and Recreation, and several other departments. I do not think it is necessary for me to numerate all the problems involved, because I am convinced that there isn't a single member of this City Council or any member of the City team that does not know exactly what I am talking about. If you do not, you are very naive or you just do not listen; because it echos up and down the halls of the Municipal Building constantly. Frankly, I don't see any change in attitude toward the employees. When we hired the City Manager last year, we, the people, the taxpayers expected to see a change in attitude. And when I aske~ why there had been no change, I was told he had not been in that posi- tion long enough. Now, I ask you when you know something is wrong, I long does it take to tell a department head to correct the problem or get prepared to move? I discovered under the City Council-City Manager form of government that a fine line of demarcation exist between the authority of the City Council who makes policy, and the City Manager who carries out policy. But, sometimes in a stressful situation, the Council will say, I cannot do anything about this because I am walking in the City Manager's territory; the City Manager will say, I cannot do anything about this problem because I wilt be treading on City Council's territory. Therefore, nothing is ever done. Now, ladies and gentlemen, I want to do a little back patting. Mayor Taylor, I consider you to be the greatest Mayor the City of Roanoke has ever had. I am sincere about that. When it comes to representing the City of Roanoke, you cannot be excelled. As an example, the Mayor recently welcomed the Virginia United Methodist Conference to the City. And when 2,500 methodist giving a rising vote of conference to a black baptist minister, you just can't top that. I take my hat off to you. There is another shining example of x's; nd ~ is depicted in the City Clerk's Office. It is the finest in the City. Ms. Parker's staff is intelligent, well-trained, courteous professionals who have been ever ready and willing to help the public. They do a tremendous job. She inspires confidence with integrity. The keyword is integrity. You don't command respect, you earn it. Now there are a number of other (2) well run offices in the City. Now, on the other end of the spectrum is the Police Department. The Superintendent of Police is presented to the public as a "Knight in Shining Armor." In a news article in the Roanoke Times and World-News, on August 30, 1982, Douglas Perdue depicts him as a survivor. His key style gets him through political crisis. If you would take the time to read all the qualifications numerated here, and look beyond whats on the front page and on the back page, you might come up with a different story from the one Douglas Perdue intended to present. One of the things he does is as stated here is when the City's crime rate was the highest in the State two years ago, statistic. He crime rate Hooper avoided criticism by down playing it as just a has continued to down play the statistics now that the is dropped to ~he third highest. Now thats two years ago. I want to talk for a minute about plays the statistics, even confuses City of Roanoke's Hit Project Final and Company, June 9, 1976, you will see w~at he means. Does a leopard change his spots? No. I have heard it said that he is a strong-willed person. Does that mean that the Director of Public Safety, Assistant City Manager, City Manager and City Council are weak-willed or that you make no changes in the situation. I have been told by many people many times, including a high ranking official of the State Crime Commission that I would get no help what so ever if I tried to get any changes made in the Police Department. And the truth of the matter is, he is right. I have not. Nevertheless; I am going the matter of statistics. He down them. And if you will check the Evaluation Report by Arthur Young to make a strong recommendation that there be a drastic change in the philosophy in the Police Department, and dismiss the Chief of Police. City Council has designated that the department heads may come and go as (3) they please. They call it comp. time. I agree with this thought; its reasonable that the various department heads have to give a strict accountance for themselves. However, they do have a duty to the City. And some of the city officials are not honoring this. They are it said that you cannot fight City any taxpayer or any citizen have to abusing the system. I have heard Hall. Now, I ask you why should fight City Hall. A short time ago, I heard name of the game was to do what the citizen to it, never paid, bound to do it, for are not part of the solution, you are you. Good evening. the Mayor say that the wanted. They were elected that very purpose. Now, if you part of the problem. I thank (4) July 18, 1986 File #60-467 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 28241, amending and reor- daining certain sections of the 1986-87 General, Capital Projects and Grant Funds Appropriatfons, to provfde for numerous appropriations to various school accounts, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on ~ionday, July 14, 1986. Sincerel,y, Mary F. Parker, CMC City Clerk MFP:se Enc. CC' Hr. Edwin R. Feinour, Chairman, Roanoke City School Board, 3711 Peakwood Drive, S. W., Roanoke, Virginia 24014 Dr. Frank P. Tota, Superintendent of Schools, P. 0 Box 13145 Roanoke, Virg}nia 24031 ' ' Mr. Richard L. Kelley, Executive for Business Affairs and Clerk of the Board, P. O. ~ox 131£)5, Roanoke, Virginia 24031 Mr. W. Robert Herbert, City iqanager Mr. Wflburn C. Uibling, Jr., City Attorney Room456 MunicipalBuildlng 215C~urchAve~ue, S.W. Roonoke, Vlrglnlo24011 (703)981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 14th day of July, 1986. No. 28241. VIRGINIA, AN ORDINANCE to amend and reordain certain sections of the 1986-87 General, Capital Projects, 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 (1 - 2) Capital Projects Appropriations Education Science Lab Equipment (3) ........................ Revenue Due from State (4) $50,553,018 $ 3,913,582 822,247 $ 67,500 Grant Fund Appropriations Roanoke City Schools Special Education Program Evaluation Flow Through 86-87 (7-17) GED Testing 86-87 (18-19) Apprenticeship 86-87 (20-26) ABE-DIAL 86-87 (27-36) Project Discovery (37) (5-6) $ Revenue Roanoke City Schools Special Education Program Evaluation Flow Through 86-87 (39-40) GED Testing 86-87 (41) Apprenticeship 86-87 (42-43) ABE-DIAL 86-87 (44-45) Project Discovery (46) (38) (1) Comp. of Adult Educ. Teachers (2) Transfers to Grant Fund (3) Appropriatios from State Revenue (4) Due from State (5) Personnel (6) Supplies (7) Teachers (8) Classroom Aides (9) Bus Aides (10) FICA (11) VSRS (12) SGLI (13) Health Insurance (14) Health Services (15) Supplies (16) In-Service Training (17) Computer Software Maintenance (18) GED Examiners (19) FICA (20) Coordinator (21) Teachers 5,454 509,297 5,358 89,903 62,050 277,000 5,454 509,297 5,358 89,903 62,050 277,000 (001-060-6009-6040-0141) ( 22,050) (001-060-6012-6065-0801) 22,050 (008-060-6051-6030-9002) (008-1152) (035-060-6549-6010-0113) (035-060-6549-6010-0309) (035-060-6550-6010-0112) (035-060-6550-6010-0117) (035-060-6550-6010-0126) (035-060-6550-6010-0204) (035-060-6550-6010-0206) (035-060-6550-6010-0208) (035-060-6550-6010-0210) (035-060-6550-6010-0308) (035-060-6550-6010-0309) (035-060-6550-6010-0307) (035-060-6550-6010-0335) (035-060-6723-6015-0141) (035-060-6723-6015-0204) (035-060-6724-6015-0113) (035-060-6724-6015-0308) 67,500 67,500 5,054 400 277.150 41 889 31 500 25065 51 685 3 225 8 500 55.400 9,183 1,100 4,600 5,000 358 35,135 41,909 (22) FICA (23) VSRS (24) SGLI (25) Health Insurance (26) Travel (27) Secretary (28) Aides (29) Teachers (30) FICA (31) VSRS (32) SGLI (33) Health Insurance (34) Telephones (35) Supplies (36) Travel (37) Payments for Project Discovery (38) Federal Grant Receipts (39) State Grant Receipts (40) Federal Grant Receipts (41) Fees (42) State Grant Receipts (43) Tuition/Fees (44) Federal Grant Receipts (45) Local Match (46) State Grant Receipts (035-060-6724-6015-0204) $ 5,039 (035-060-6724-6015-0206) 5,692 (035-060-6724-6015-0208) 357 (035-060-6'724-6015-0210) 571 (035-060-6724-6015-0402) 1,200 (035-060-6725-6015-0139) 8,220 (035-060-6725-6015-0140) 14,443 (035-060-6725-6015-0141 27,579 (035-060-6725-6015-0204 3,137 (035-060-6725-6015-0206 800 035-060-6725-6015-0208 200 035-060-6725-6015-0210 571 035-060-6725-6015-0329 3,600 035-060-6725-6015-0340 3,000 035-060-6725-6015-0402 500 035-060-6922-6065-0308 277,000 035-060-6549-1102) 5,454 035-060-6550-1100) 102,925 035-060-6550-1102) 406,372 (035-060-6723-1103) 5,358 (035-060-6724-1100) 74,055 (035-060-6724-1103) 15,848 (035-060-6725-1102) 40,000 (035-060-6725-1101) 22,050 (035-060-6922-1100) 277,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. July 14, 1986 TO: FROM: SUBJECT: Honorable Mayor and Members of City Council Joel M. Schlanger School Board Request for Appropriations I have reviewed the attached request for the appropria- tion of grants for the School Board. The Special Education Program Evaluation grant, Flow Through program grant, Apprenticeship program, Science laboratory equipment grant, and Project Discovery are funded with 100% state and/or federal funds. The GED Testing program is funded by student fees. The ABE/DIAL program is funded with federal funds and a local match. I recommend that you concur with the request of the School Board. Edwin FI. F.~l~r, Chairman I~lggs LU. Flndrews, Vice Chairman Sallye T. Coleman City School Board P.O Box 13105, Roanoke, Virginia ~)4031 LaVerne 8. Dillon David H. Lis~ James M Turner. Jr. LUilllam UJhlte, Sr. Frank P. Tota, S~p~rln~and~ Fllchard L Kelley, Clerk of the Board July 8, 1986 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 July 8, 1986, the School Board respectfully requests City Council to appropriate the following funds to school accounts: Grant No. 6549 Grant No. 6550 $5,454.00 for the Special Education Program Evaluation grant to provide funds for the estab- lishment of a pilot program which will develop and implement procedures for evaluating special education services. The program is one hundred percent reimbursed by federal funds. $509,297.00 for the Flow Through program to provide aid for the education and guidance of handicapped students. The program is one hundred percent reimbursed by state and federal funds. Grant No. 6723 $5,358.00 for the GED Testing program to provide instructors for the administering of the GED examinations. The source of funds will be student fees. Grant No. 6724 $89,903.00 for the Apprenticeship program to provide on-the-job and classroom vocational instruction for students in the program. The program is one hundred percent reimbursed by state funds. Grant No. 6725 $62,050.00 for the ABE/DIAL program to provide funds for adult basic education for persons who have not completed high school and for the instruction of adults, using recorded tapes accessed by telephone. The program will be reimbursed by federal funds in the amount of $40,000 with a local match in the amount of $22,050. Excellence in Education ~,'~embers of Council Page 2 July 8, 1986 The School Board also requests that $67,500 be appropriated for the purchase of science laboratory equipment for the Governor's School for Science and Technology, which represents the balance of funds received from the State Board of Education. City Council is further requested to appropriate $277,000.00 as pass-through funds for Project Discovery. The State Department of Educa- tion has requested that Roanoke City Schools act as the fiscal agent for this pilot project to be administered by TAP for preparing minority youth for college. Sincerely, , 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 Mr. Wil Dibling Mr. Joel Schlanger (with accounting details) ROANOKE CITY SCEOOL ~OARD Roanoke, Virginia APPROPRIATION REQUEST Special Education Program Evaluation 6549 035-O60-B549-B010-0113 035-ObO-B54q-BOlO-OROq Supplies Total Appropriation Unit zSo 035-060-~549-1102 Federal Grant Receipts $ 5,054.00 400.00 $ 5, u, 54. O0 5,454.00 The Special Education Program Evaluation grant sill provide funds for the establishment of a pilot program shich .ill develop and implement procedures for evaluating spenial education services in the school district. The program is one hundred percent reimbursed by federal funds and Bill end December 1, lg86. July 8, 1986 ROANOKE CITY SCHOOL ROARD Roanoke, Virginia APPROPRIATION REQUEST Flos Through 1986-87 6550 035-060-6550-6010-0112 035-060-6550-6010-0117 035-060-6550-6010-0126 035-060-6550-6010-0204 035-060-6550-6010-0206 035-060-6550-6010-0208 035-060-6550-6010-0210 035-060-6550-6010-0308 035-060-6550-6010-0309 035-060-6550-6010-0307 035-060-6550-6010-0335 Classroom Aides BUS Aides FICA VSRS SOLI Health Insurance Health Services Supplies In-Service Training Computer Software Maintenance Total Appropriation Unit z5p 035-060-6550-1100 035-060-6550-1102 Total Revenue State Grant Receipts Federal Grant Receipts 277,150.00 41,889.00 31,500.00 25,055.00 51,685.00 3,225.00 8,500.00 55,400.00 9,183.00 1,100.00 4,600.00 9 509, 2q7. oo 9 102, q25. O0 406, 3?2. O0 $ 509, 297. O0 The Flow Through program sill provide aid For the education and guidance OF handicapped students. One hundred percent of expenditures will be reimbursed by state and federal funds. The program will end June 30, 1987. July B, 1986 ROANOKE CITY SCHOOL BOARD Roanoke, virginia APPROPRIATION REQ§~ST GED Testing 1986-87 6723 035-ObO-b723~bO15-OIN1 GED Examiners 035-ObO-b723-b015-0208 FICA Total Appropriation Onit zTg O35-O60-6723-1303 Fees 5,000. o0 358.00 5,358.00 5,358.00 The GED Testing program aill provide instructors For the administration OF the GED examinations. The source oF Funds mill be student £ees. The program aill operate July 1, 1986 to June 30, 1985. July 8, 198b ROANOKE CITY SCBOOL BOARD Roanoke, ¥irginia APPROPRIATION REQUEST ApPrenticeship 1986-87 6724 035-060-6724-6015-0113 035-060-6724-6015-0308 035-060-6724-6015-0204 035-060-6724-6015-0206 035-060-6724-6015-0208 035-060-6724-6015-0210 035-060-6724-6015-0402 Coordinator Teachers FICA VSRS SGLI ~ealth Insurance Travel Total Appropriation Unit z7h 035-060-6724-1100 035-060-6724-1103 Total Revenue State Grant Receipts Tuition/Fees $ 35,135.00 41,909.00 5,039.00 5, hq2.00 357.00 571. O0 1,200.00 $ 89,903.00 74,055.00 15,848.00 $ 89,903.00 The Apprenticeship proEram will provide on-the-job and classroom vocational instruction For students in the aPprenticeship proEram. One hundred percent oF expenditures Till be reimbursed by state Funds. The proEram Till end June 30, 1987. July 8, 1986 ROANOKE CITY SCEOOL BOARD Roanoke, Virginia APPROPRIATION REQUEST ARE/DIAL 1986-87 6725 035-060-6725-6015-0139 Secretary 095-060-6725-b015-01#0 Aides 035-060-6725-6015-0191 Teachers 035-060-6725-6015-020# FICA 035-050-5725-5015-0206 VSRS 035-050-5725-6015-0208 SGLI 035~060-6725-6015-0210 Eealth Insurance 035-060-6725-6015-0329 Telephones 035-060-6725-6015-03~0 Supplies 035~060-6725-6015-0902 Travel Total Appropriation gnit 035-060-6725-1102 035-060-6725-1101 Total Revenue Federal Grant Receipts Local Match 8, 220. O0 1 ~, qq3. O0 27, 579. O0 3,137.00 800.00 200,00 571. O0 3,600,00 3,00o. 00 500.00 $ 62,050,00 ~0,000.00 22,050.00 62,050.00 The ABE/DIAL program sill provide funds for adult basic education for persons sho have not completed high school and for the instruction of adults, using recorded tapes accessed by telephone. The program ~ill be reimbursed by federal funds in the amount of $qO, O00. Local match in the amount of 922,050 is allocated from account 001-060-6009-60~0-01~1. The program sill operate from July 1, 1986 until June 30, 1987. July 8, 1985 ROANOKE CITY SCHOOL ROARD Roanoke, Virginia APPROPRIATION R£QDEST Governors School For Seience and Technology b051 008-060-6051-6030-9007 Appropriation For State Revenue 9 67,500.00 The above appropriation represents the balance of funds received From the State Department of Education for the purchase of the Governor's School science laboratory equipment. An amount oF 9?0,000 was previously appropriated, bringing the total state Funding For science laboratory equipment to 9137,5OO. July 8, lgSb ROANOKE CITY SCROOL ROaRD Roanoke, Virginia aPPROPRIATION REQUEST Project Discovery 6922 035-060-6922-6065-0308 Payments For Project Discovery (Appropriation Unit zgi) $ 277,000.00 035-060-6922-1100 State Grant Receipts $ 277,000. O0 The state grant For Project Discovery represents pass-through funds xhich will be made by the State Department oF Education through the Roanoke City School Roard to Total Action Against Poverty (TAP). Payments to TAP #ill be made on a quarterly basis. The program aill end June 30, 1987. July 8, 1986 Office of the City Oe~k ,July 18, 1986 File #24-235 Mr. W. Robert Herbert City ~qanager Roanoke, Virginia Dear Mr. Herbert: Your report recommending authorization to develop new City Code requirements for permitting non-emergency ambulance transport services within the City under minimum City controls and present them to Council on July 28, 19~6, was before the Council of the City of Roanoke at a regular meeting held on Monday July 14 1986. ' ' On motion, duly seconded and unanimously adopted, Council con- curred in the recommendation. Sincerely, Mary F. Parker, CHC City Clerk MFP:se Room456 MuniclpalBullding 2150nurchAve~ue, S.W. Roonoke, Vlrginla24011 (703)98t-2541 Mr. W. Robert Herbert Page 2 July 18, 1986 cc: Mr. Kenneth C. King, Jr., 708 Dominion Bank Building, Roanoke, Virginia 24011 Mr. Eugene Williams, Jr., Captain, Hunton Life Saving and First Aid Crew, Inc., 830 Moorman Road, N. W., Roanoke, Virginia 24016 Mr. Douglas H. Hyre, Captain, Roanoke Life Saving and First Aid Crew, Inc., 374 Day Avenue, S. W., Roanoke Virginia 24016 ' Mr. Andy Long, Captain, Williamson Road Life Saving and First Aid Crew, Inc., 3502 Birchwood Avenue, N. E., Roanoke, Virginia 24012 Mr. Ernie Meier, Administrator, Lewis-Gale Hospital, Inc., 1900 Electric Road, Salem, Virginia 24153 Mr. Thomas L. Robertson, Administration, Roanoke Memorial Services Corporation, P. O. Box 13367, Roanoke, Virginia 24033 Mr. William Reid, Administrator, Community Hospital of Roanoke Valley, 101 Elm Avenue, S. E. Roanoke, Virginia 24029 ' Mr. Stephen Rice, Friendship Manor - United Ambulance Service, Inc., 215 Hershberger Road, N. W., Roanoke, Virginia 24012 Mr. William B. Hopkins, Attorney, 416 South Jefferson Street, Roanoke, Virginia 24011 Mr. Thomas A. Bradshaw, Lewis-Gale Hospital, Inc., 1900 Electric Road, Salem, Virginia 24153 Mr. C. E. Carter, Administrator, South Roanoke Nursing Home, 3823 Franklin Road, S. W., Roanoke, Virginia 24014 Mr. Gary P. Gross, M.D., President, Lewis-Gale Clinic, Inc., 1802 Braeburn Drive, Salem, Virginia 24153 Ms. Karen Gregg, Director of Nursing, United Methodist Home of Roanoke, 1009 Old Country Club Road, N. W., Roanoke, Virginia 24017 Mr. Earl B. Reynolds, Jr., Assistant City Manager Mr. Wllburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. George C. Snead, Jr., Director of Administration and Public Safety Mr. Warren E. Trent, Manager, Emergency Services 10 P1 2i Roanoke, Virginia July 14, 1986 Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Subject: Chapter 5 "Ambulance and Vehicles For Transportation of Handicapped" of the Code of the City of Roanoke, 1979, as amended Dear Members of Council: I. Back,round: Applications requesting Certificates of Public Convenience and Necessity for the operation of ambulance services within the City of Roanoke have been filed by : 1. Lewis-Gale Hospital, Inc. 2. Roanoke Memorial Services Corporation B. Public Hearing on the Lewis-Gale Hospital Inc.'s request was held by the City Council on May 12, 1986. Additional comments related to United Ambulance Service, Inc.'s operational capabilities and a revised questionnaire were pre- sented to Council on June 9, 1986 by a representative of the United Ambulance Service Inc., the sole holder of a "Certificate of Public Convenience and Necessity" within the City. City Council, in response to comments heard at the June 9, 1986 council meeting, requested that the City Manager study the need for the City to continue to regulate operations of private ambu- lance services within the City of Roanoke. E. City Manager's report regarding this subject was to be given to Council within 30 days which is July 14~ 1986. II. Current Situation: Initial Review of current City regulations, current need for ambu- lance services and experience of other comparable communities has been completed. B. Preliminary Findings resulting from the initial review of the sub- ject matter are as follows: Current trends in health care industry to reduce in-patient cost point to an increased demand for patient transportation although the level of the current demand is difficult to quantify with reliable accuracy. Page 2 Community expectations and interests would be better served by providing a greater choice of qualified providers through a free market concept. Experience of other comparable communities in the State of Virginia indicates a general preference for following arrange- ments (see attached matrix): a. Emergency pre-hospital medical care and transportation exclusively provided by or through local government. b. Non-emergency patient transportation provided by private ambulance services. Current State Standards regulating ambulance services are perceived to be adequate for regulating private service providers. A summary of the major elements of the rules and regulations of the State are as follows: 1) Definitions. 2) General requirements and licensure of EMS agencies. 3) General requirements, classification, and cer- tification of EMS vehicles. 4) General requirements, EMS vehicle personnel, and cer- tification of EMS personnel. 5) Training certification requirements. Minimum City Controls should be maintained on the operators of private ambulance services through a permit process to insure compliance with the following minimum standards: a. Possession of a valid, current State license. Scope of Private Services to be generally limited to non- emergency patient transportation. Emergency Pre-Hospital Medical Care and transportation to be provided only through the current system of City assisted volunteer rescue squads. Adequate and efficient service to be available to all citizens of Roanoke without consideration of location of residence within the City or any other discriminatory element. Page 3 III. Issues: d. Rate schedules to be filed with the City Manager's Office and to be made available to public upon request. e. Service logs of operations to be maintained and to be made available to the City upon request. Permit Review and Approval Authority to be granted to the City Manager under the regulatory plan established by Council. A. Need for Service. B. Permit Process. C. Effect on existing service provider and pending applications. D. Timing. IV. Alternatives: Develop new City Code Requirements for permitting non-emergency ambulance transport services within the City of Roanoke under minimum City controls and present them to Council on July 28, 1986. Consider current certificate holder and all pending appli- cations under the new code requirements. Need for non-emergency ambulance services available to the community would be better met by allowing all qualified providers to operate in the City: a. Promotion of free market concept through reduced City controls. b. Greater choice of qualified providers. c. Healthy competition for the benefit of the consumer. Impact on current emergency pre-hospital care and transpor- tation system would be positive because a greater number of non-emergency service calls could be handled by private operators. Permit Process would involve regulation of ambulance opera- tions through adequate means to protect the health, safety and welfare of the Community. City Manager would issue permits to all qualified operators to provide non-emergency patient Page 4 transportation services within the City provided they comply with the following: a. Possession of a valid, current State license. Minimum City Requirements as outlined under Item IIB-4 above and to be presented to Council in an ordinance form on July 28, 1986. City-issued permit could be revoked for failure to comply with City or State requirements. Effect on existin~ service provider (United Ambulance Service, Inc.) would be increased competition which is anticipated to benefit the Community. A shorter application process would have to be completed in order to obtain permit to continue the current operations. Effect on pendin~ a?plications would be positive due to reduced local controls. A shorter new application process would have to be completed by the applicant to obtain a permit from the City Manager to provide the subject services. Timin~ relative to the adoption of necessary ordinances to facilitate the proposed changes in the regulation of ambulance services within the City is important in view of the two (2) pending applications. A timely action in this regard would allow treatment of all current application in a like and fair manner. Do not develop new City Code Requirements relative to minimum City controls over the operation of non-emergency patient transport services; and grant Lewis-Gale Hospital, Inc. a "Certificate of Public Convenience and Necessity" under the current City regulations. Need for non-emergency ambulance services would be better served to the extent that an additional provider would generate some healthy competition. However, the free market concept of permitting all qualified operators to provide ser- vices under minimum City controls is considered to be the most desirable approach for addressing the long-term community needs. Permit Process currently outlined in Chapter 5 of the City Code for obtaining a "Certificate of Public Convenience and Necessity" would remain too restrictive and would continue to prohibit market place competition. Page 5 DVT/dbm CC: Effect on existin~ service provider (United Ambulance Service, Inc.) would be limited competition from Lewis-Gale Hospital, Effect on pendin~ applications: a. Lewis Gale Hospital, Inc.'s request would be granted. Roanoke Memorial Services Corporation's request would be processed under the regulations set forth in Chapter 5, City Code. Timin~ relative to a decision on the regulation of this impor- tant community service would remain important in view of the two (2) pending applications. V. Recommendations: Council concur with the general intent of the Alternative "A" and authorize the City Manager and the City Attorney to develop new City Code requirements for permitting non-emergency ambulance transport services within the City of Roanoke under minimum City controls and present them to Council on July 28, 1986. Ail pending applications for "Certificate of Public Convenience and Public Necessity" to be considered under the new requirements. Respectfully submitted, W~. ~R'0bert Herbert City Manager Mr. Ernie Meier, Administration, Lewis-Gale Hospital, Inc. Mr. Thomas L. Robertson, Administration, Roanoke Memorial Services Corp. Mr. William Reid, Administration, Community Hospital of Roanoke Valley Mr. Stephen Rice, Friendship Manor-United Ambulance Service, Inc. Senator William B. Hopkins, Attorney, Lewis Gale Hospital, Inc. Captains of all three (3) Volunteer Rescue Squads Mr. Kenneth King Assistant City Manager City Attorney Director of Finance Director of Administration & Public Safety Manager of Emergency Services EMERGENCY MEDICAL SERVICES COMPARABLE COMMUNITIES IN THE STATE OF VIRGINIA LOCAL PERMIT ORDINANCE DESIGNATING LOCAL ORDINANCE REQUIRED FOR EMERGENCY CARE/ GOVERNING CITY/COUNTY PRIVATE AMBULANCE TRANSPORT BY OR THRU NON-EMERGENCY CARE SERVICES LOCAL JURISDICITIONS AND/OR TRANSPORT PROVIDERS Alexandria NO YES NO City EMS Service State Rules and Regulations Utilizied Arlington Co. NO YES NO County EMS Service State Rules and Regulations Utilizied Fairfax Co. NO YES NO County EMS Service State Rules and Regulations Utilizied Norfolk YES YES YES City EMS Service City and State Regulations Petersburg YES NO YES City and State Regulations Virginia Beach YES YES YES Volunteer EMS City and State Service Regulations DVT/dbm 7-86 July 18, 1986 File #67 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 28242, approving your issuance of Change Order No. 3 to the City's contract with Gardner-Smith, Inc., of Salem, Virginia, for the construction of tennis courts and concession building at the RoanoKe Sports Complex, which Ordinance was adopted by the Council of the City of RoanoKe at a regular meeting held on Monday, July 14, 1986. Sincerely, Hary F. Parker, CMC Cfty Clerk MFP:se Enco cc: Gardner-Smith, Inc., P. O. ~ox 866, Salem, Virginia 24153 Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. George C. Snead, Jr., Director of Administration and Public Safety Mr. Jimmie B. Layman, Manager, Parks and Recreation/Grounds Maintenance Mr. William F. Clark, Director of Public Works Mr. Charles Di. Huffine, City Engineer Pits. Delores Irving, Construction Cost Technician Room456 MunlclpalBuilding 215C~urchAvemue, S.W. Roonc~e, Vlrglnl~24011 (703)981-25d. t IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of July, 1986. No. 28242. AN ORDINANCE approving the City Manager's issuance of Change Order No. 3 to the City's contract with Gardner-Smith, Inc., of Salem, Virginia, for the construction of tennis courts and con- cession building at the Roanoke Sports Complex; and providing for an emergency. Roanoke 2. changes BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or Assistant City Manager is authorized and empowered to issue, for and on behalf of the City, upon form approved by the City Attorney, Change Order No. 3 to the City's contract with Gardner-Smith, Inc., dated March 24, 1986, for the construction of tennis courts and concession building at the Sports Complex. Such Change Order shall provide for the following in the work to be performed: (I~IGINAL ~Cr A%{y~N-r $ 748,810.00 (IlgTRACr AMD(INT INCLLDING pI~giOUS ~ CI%DERS $ 754,241.00 Increase the depth of the eoncrete foundations for and the length of the 120 chain link fence posts by 2 feet. + .$ 6,468.00 CE~rlqACT AMDtNr INf~LI)ING (liANl~ ~ ND. 3 $ 760,709.00 Additional time resulting fr~m Change Order No. 3 None. 3. 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. Honorable Mayor and City Council Roanoke, Virginia Roanoke, Virginia July 14, 1986 Dear Members of Council: Subject: Change Order Number 3 Roanoke Sports Complex Tennis Courts and Concession Building Project Number P-8506 I. Background of the project is as follows: me Contract awarded to Gardner-Smith, Inc. of Salem, Virginia on March 24, 1986 in the amount of $748,810.00. Contract amount to date, including previous Change Orders is '$754,241.00. C. Completion date of the project is October 21, 1986. II. Current Situation is as follows: Contractor encountered subgrade material worse than originally anticipated, during the excavation for the six (6) new tennis courts. Project Engineers (Hayes, Seay, Mattern and Mattern) recommended, that due to the poor quality of the subgrade material at the tennis courts, it would be desirable to increase the depth of the concrete foundations for and the length of the one hundred twenty (120) chain link fence posts by two (2') feet. This would provide the required lateral support for the fence fabric and future wind screens around the tennis courts. C. Office of City Engineer requested that the Contractor submit a price to the City to perform this additional work. D. Price of ~6~468.00 was submitted by the Contractor with no extension of the contract time required. III. Issues in order of importance are: A. .Engineering concerns. B. Cost. C. Funding. D. Time of completion. Page 2 IV. Alternatives are: Approve the issuance of Change Order Number 3 to the Contract with Gardner-Smith, Inc. of Salem, Virginia in the amount $6,468.00 and no additional time. 1. Engineering concerns would be met in that the lateral stability of the fence posts would be achieved. 2. Cost submitted is reasonable and acceptable. 3. Funding is available in the project contingency. project contingency is $30~759.00. 4. Time of completion remains October 21, 1986. Reject the issuance of Change Order Number 3. 1. Engineering concerns would not be met. 2. Cost would not be an issue. Current Ve 3. Funding would not be encumbered. 4. Time of completion would remain October 21, 1986. Recommendation is that City Council take the following action: A. Concur with the implementation of Alternative A. B. Authorize the City Manager to issue Change Order Number 3 to the Contract with Gardner-Smith Inc., in the amount of $6,468.00 and no additional time. W. Robert Herbert City Manager WRH/LBV/dbm CC: City Attorney Director of Finance Director of Public Works Director of Administration and Public Safety City Engineer Manager, Department of Parks & Recreation/Grounds Maintenance ~flce o~ ~e ~ty Ge~ July 18, 1986 File #60-20U-236 Mr. Joel M. Schlanger Director of Finance Roanoke, Vfrginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 28243, amending and reor- dainin~ certain sections of the 1986-87 Grant Fund Appropriations, by transferring funds within the Community Development ~lock Grant budget to provide for reprogramming of unspent funds, which Ordinance was adopted by the Councfl of the City of Roanoke at a regular meeting held on Monday, July 14, 1986. Sincerely, Mary F. ParKer, CiqC City Clerk MFP:se ErICo cc: Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. William F. Clark, Director of Public Horks Mr. Charles M. Huffine, City Engineer Mr. Brian J. Wishneff, Chief of Economic Development and Grants Ms. Marie T. Pontius, Grants Monitoring Administrator Mr. Ronald H. Miller, Building Commissioner Room 456 Municipal Building 215 (~urch Avenue, S.W. Roonoke, Virginia 240t I (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of July, 1986. No. 28243. AN ORDINANCE to amend and reordain certain sections of the 1986-87 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 1986-87 Grant Fund Appro- priations be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Community Development Block Grant Community Development Block Grant (FY84-85) (FY85-86) (1-21) .... $3,553,134 (22-34)...$2,428,302 Revenue Community Development Block Grant Community Development Block Grant (FY84-85)(35) ....... $3,553,134 (FY85-86)(36) ....... $2,428,302 (1) New Construction Assistance $( 6,507) (2) Gainsboro Housing Grants 6,507 (3) Rehab and Grants ( 1,036) (4) Gainsboro Housing Grants (035-084-8420-5107) 1,036 (5) Urban Homesteading (035-084-8420-5106) (124,581) (6) Critical Home Repair (035-084-8420-5101) 124,581 (7) Urban Homesteading (035-084-8419-5003) (69,911) (035-084-8405-5057) (035-084-8420-5107) (035-084-8404-5022) (8) Critical Home Repair (9) Loudon Park Imprv. (10) Housing Marketing (11) Vacant Lot Home- steading (12) Neigh. Develop.Grants (13) Min./Small Business Assistance (14) Neigh. Based Service Delivery (15) PAC Office Repairs (16) Prog. Income (17) Gainsboro Admin. (18) Min./Small Business Assistance (19) Site Development (20) Deanwood (21) Gainsboro New Construction (22) Contingency (23) Loan Loss Reserve (24) Prog. Inc. - GRTC (25) Prog. Inc. - Other (26) Tinker Creek (27) Oper. Paintbrush (28) Homesteading (29) Critical Home Repair (30) Tinker Creek School (31) Shaffers Crossing Sec. 108 (32) Gainsboro Homesteadng (33) Gainsboro Rehab. (34) Gainsboro Loans (35) Gainsboro Program Income (36) Gainsboro Program Income (035-084-8420-5101) (035-084-8420-5112) (035-084-8420-5103) (035-084-8420-5104) (035-084-8425-5127) 035-084-8430-5133) 035-084-8425-5128) 035-084-8404-5024) 035-084-8439-5025) 035-084-8405-5051~ 035-084-8430-5133) 035-084-8430-5135) 035-084-8430-5131) 035-084-8405-5057) 035-085-8540-5185) 035-085-8540-5184) 035-085-8540-5182) 035-085-8540-5181) 035-085-8535-5155) 035-085-8520-5102) 035-085-8520-5114) 035-085-8520-5101) 035-085-8535-5155) $ 69,911 ( 1,273) 1,273 (10,000) 10,000 ( 2,000) 2,000 ( 940) ( 731) 1,671 100,000) 46) 100,046 5,690) 15,449) 8,187) 15,298) 2,864) 734) 42,532 (18,236) 18,236 (32,941) (035-085-8530-5148) 32,941 (035-085-8505-5061) (20,000) (035-085-8505-5059) 20,000 (035-085-8505-5060) ( 7,047) (035-035-1234-8505) ( 5,690) (035-035-1234-8605) ( 7,047) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. Attest: City Clerk. Roanoke, Virginia July 14, 1986 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of City Council: Subject: Transfer of funds within Community Development Block Grant Budget to provide for reprogramming of unspent funds. I. Background: City Council authorized filing an application with the Department of Housing and Urban Development (HUD) for FY 1986-87 CDBG Entitlement on April 14, 1986, by Resolution No. 28091. B. City's FY 1986-87 CDBG program included the use of $1~146~726 of exist- ing CDBG funds unspent from previous years. Funds were reassigned to new or continuing projects in cases where unspent funds were left from completed projects, or projects could not be feasibly implemented. D. Transfer to new projects constitutes $439,630.66 of the total ~1~146)726 existing funds. E. Balance of existing funds to be used for projects originally intended. F. Reprogramming of these funds was covered by public hearings on March 14, 1986; and April 14, 1986, as part of CDBG budget review process. G. De-appropriation of funds required because less money than expected was realized from sale of homes in Gainsboro (see Item "N" below). II. Recommendation: Authorize Director of Finance to transfer and de-appropriate fund~ as follows: A. Transfer From: 035-085-8505-5061Gainsboro Homesteading (Project did not prove to be practicable) Transfer To: 035-085-8505-5059 Gainsboro Rehab Grants $ 20,000.00 20,000.00 Honorable Mayor and City Council Page 2 Transfer From: 035-084-8405-5057 New Construction Assistance (Funds remaining after project completed) Transfer To: 035-084-8420-5107 Gainsboro Housing Grant Program $ 6,507.00 6,507.00 Transfer From: 035-084-8404-5022 Rehab & Grants (Funds remaining after project completed) Transfer To: 035-084-8420-5107 Gainsboro Housing Grant Program 1,036.00 1,036.00 D. Transfer From: 035-085-8540-5185 Contingency 035-085-8540-5184 Program Income Loan Loss Reserve 035-085-8540-5182 Program Income GRTC Williamson Road Garage 035-085-8540-5181 Program Income - Other (Above funds previously not assigned to a project) 035-085-8535-5155 Tinker Creek School (Project not practicable at this time) Transfer To: 035-085-8520-5102 Operation Paintbrush 15,449.00 8,186.66 15,298.00 2,863.60 733.l~ 42,531.00 Transfer From: 035-085-8520-5114 Homesteading (Project not feasible at this time) Transfer To: 035-085-8520-5101 Critical Home Repair 18,236.00 18,236.00 Honorable Mayor and City Council Page 3 Transfer From: 035-084-8420-5106 Urban Homesteading (Project not feasible at this time) Transfer To: 035-084-8420-5101 Critical Home Repair Transfer From: 035-084-8419-5003 Urban Homesteading (Project not feasible at this time) Transfer To: * 035-084-8420-5101 Critical Home Repair Transfer From: 035-084-8420-5112 Loudon Park Improvements (Funds remaining after project completed) Transfer To: 035-084-8420-5103 Housing Marketing Transfer From: 035-084-8420-5104 Vacant Lot Homesteading (Reassignment of funds due to reduction of project level) Transfer To: * 035-084-8425-5127 Neighborhood Development Grants Transfer From: 035-084-8430-5133 Minority/Small Business Assistance (Project did not prove successful) Transfer To: * 035-084-8425-5128 Neighborhood Based Service Delivery $124,581.80 124,581.80 69,911.86 69,911.86 1,273.96 1,273.96 10,000.00 10,000.00 2,000.00 2,000.00 Honorable Mayor and City Council Page 4 K. Transfer From: 035-084-8404-5024 PAC Office Repairs (Funds remaining after project completed) 035-084-8439-5025 Program Income Unprogrammed CDBG (Funds previously not assigned to a project) $ 940.00 731.00 Transfer To: 035-084-8405-5051Gainsboro Administration 1,671.00 L. Transfer From: 035-084-8430-5133 Minority/Small Business Assistance (Project did not prove successful) 035-084-8430-5135 Site Development (Funds remaining after project completed) Transfer To: 035-084-8430-5131Deanwood 100,000.00 45.59 100,045.59 Transfer From: 035-085-8535-5155 Tinker Creek School (Project not practicable at this time) Transfer To: * 035-085-8530-5148 Shaffer's 108 Loan Interest 32,941.00 32,941.00 De-appropriate revenue from: 035-035-1234-8505 035-035-1234-8605 De-appropriate funds from: 035-084-8405-5057 Gainsboro New Construction Assistance 035-085-8505-5060 Gainsboro Revolving Loans 5,690.22 7,046.57 5,690.22 7,046.57 * Indicates new accounts to be established by Director of Finance. Honorable Mayor and City Council Page 5 Respectfully su~ W. Robert Herbert City Manager WRH:MTP:mds cc: City Attorney Director of Finance Building Commissioner Chief of Economic Development & Grants Grants Monitoring Administrator Ofltce of Fne Q~,, C]en~ July 18, 1986 File #304-305 Mr. W. Robert Herbert City Manager Noanoke, Virginia Uear Mr. Herbert: I am attaching copy of Resolution No. 28245, authorizing the acceptance of a Delinquency Prevention and Youth Development Act Grant made to the City of Roanoke Dy the Commonwealth of Virginia Department of Corrections and authorizing the acceptance, execution and filing of the "Special Conditions" with the Department of Corrections for this grant for the purpose of continuing coordinated planning and youth services program imple- mentation by the City's Office on Youth until June 30, 1987, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on ~ionday, July 14, 1986. Sincerely, Mary F. Parker, CMC City Clerk HFP:se Eric o cc: Mr. Edward W. Murray, Director, Virginia Department of Corrections, P. O. Box 26963, Richmond, Virginia 23261 ~r. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. Earl B. Reynolds, Jr., Assistant City Manager Mr. James D. Ritchie, Director of Human Resources Mrs. Marion V. Crenshaw, Yout~ Planner Room 456 Municipal Building 215 Church Avenue, S.W. Roono~e, ¥1rginla 24011 (703) 981-254'1 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of July, 1986. No. 28245. A RESOLUTION authorizing the acceptance of a Delinquency Prevention and Youth Development Act Grant made to the City of Roanoke by the Commonwealth of Virginia Department of Corrections and authorizing the acceptance, execution and filing of the "Speeial Conditions" with the Department of Corrections for this grant for the purpose of continuing coordinated planning and youth services program implementation by the City's Office on Youth until June 30, 1987. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby accepts the offer made by the Copamonwealth of Virginia Department of Corrections of a Delinquency Prevention and Youth Development Act Grant for the purpose of continuing coordinated planning and youth services program implementation by the City's Office of Youth until June 30, 1987, in an amount and subject to such terms as are described in the report to Council from the City Manager dated July 14, 1986. 2.' The City Manager, W. Robert Herbert, or the Assistant City Manager, Earl B. Reynolds, Jr., is hereby authorized to accept, execute and file on behalf of the City of Roanoke the "Special Conditions" with the Department of Corrections for the aforementioned grant. 3. The City Manager is further directed to furnish such additional information as may be required by the Department of Corrections in con- nection with the City's acceptance of the aforementioned grant or with such project. ATTEST: City Clerk. C~e ~ the 0~/C]e~ July 18, 1986 File #6D-304-305 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 28244, amending and reor- daining certain sections of the 1986-87 General and Grant Funds Appropriations, to provide for the appropriation and transfer of funds in connection with the City's acceptance of Grant No. 86-I-7 from the Department of Corrections for continuation of coordinated planning and program implementation of the Office on Youth, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 14, 1986. Sincerely, Mary F. Parker, C~tC City Clerk MFP:se Eric. cc: Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney ~tr. Earl 8. Reynolds, Jr., Assistant City Manager Mr. James D. Ritchie, Director of Human Resources Mrs. Marion V. Crenshaw, Youth Planner Room 456 Municll~l Building 215 C~urch Avenue, S.W. Roonc~e, ¥1rgtnla 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of July, 1986. No. 28244. 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 Non-Departmental Transfers to Other Funds (1) ..................... Community Development Community Planning (2) ........................... Grant Fund Appropriations Health and Welfare Grants Youth Services Grant 86-I-7 $ (3-5) ................ Revenue Health and Welfare Grants Youth Services Grant 86-I-7 (6-7) ................ $10,052,278 8,372,958 683,510 260,302 89,483 43,811 $ 89,483 43,811 (1) Transfers to Grant Fund (2) Transfers to Grant Fund (3) Salaries (4) Training & Development (5) Admin. Supplies (6) State Grant Revenue (7) Local Match (001-004-9310-9536) (001-052-8110-9536) (035-054-8724-1002) (035-054-8724-2044) (035-054-8724-2030) (035-035-1234-7002) (035-035-1234-7003) $ ( 10 000 10 000) 38 338 1 640 3 833 33 811 10 000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke, Virginia July 14, 1986 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Office on Youth Grant No. 86-I-7 I. Back~round: June 17, 1980, youth ~rant first officially awarded to City under Virginia Delinquency Prevention and Youth Development Act. Be May 12, 1986, FY 86-87 youth grant application was submitted to Council. Youth ~rant provides for continuation of coordinated planning and program implementation of the Office on Youth. D. Youth Grant budget provides: BUDGET CATEGORY LOCAL MATCH STATE FUNDS CASH IN-KIND TOTAl. Personnel $33,021.00 $5,317.00 $38,338.00 Consultants -0- -0- -0- Travel 290.00 1,350.00 1,640.00 Equipment -0- -0- -0- Supplies & Other 500.00 3,333.00 569.00 4,402.00 Operating Expenses TOTAL $33,811.00 $10,000.00 $569.00 $44,380.00 Fundin~ for local cash match is included in the FY 86-87 Community Planning budget ($10,000) in Account No. 001-002-8110-9536. Additional in-kind match of $569.00 is available through the use of consumable supplies from the Community Planning Office. II. Current Situation: A. Youth grant application has been awarded. See Attachment A. B. State fundin~ is in the amount of $33,811.00. Council acceptance of State funding and appropriation of local cash match is needed if the Office On Youth program is to continue after June 30, 1986. Members of Council June 14, 1986 Page 2 III. Issues: A. Cost. B. Continuity. C. Staff. D. Impact on future City Budgets. III. Alternatives: Authorize the City Manager to accept the Youth Grant from the State Department of Corrections. Cost (local) of Office on Youth in Fiscal Year 1986-87 is $10,569, of which $I0,000 has been appropriated in the Transfers to Other Grants line item in the FY 1986-87 Budget. The additional in-kind match of $569 is through the use of consumable supplies, appropriated in the Administrative Supplies line item of the FY 86-87 Budget. 2. Continuity of program would be maintained. Staff, consisting of Youth Services Planner and Administrative Secretary, will continue under the direction of the Office of Community Planning. Impact on future City budgets would mean continued City match of 25 percent of total budget for the Office On Youth. Do not authorize the City Manager to accept the Youth Services Grant from the State Department of Corrections. 1. Cost would not be an issue at this time. 2. Continuity would be questionable. Staff consists of Youth Services Planner and Administrative Secretary, and services would be contingent upon the availability of another funding Impact on future City budgets would be the possibility of more than the 25 percent contribution towards maintenance of the program. Members of Council July 14, 1986 Page 3 IV. Recommendation: It is reco~ended that Council adopt Alternative A which will authorize the following: Ae Acceptance of Department of Corrections Grant No. 86-I-7 through the execution of the proper forms by the City Manager. Appropriation of $43,811 to accounts to be established by the Director of Finance for this program (75 percent of appropriation $33,811 will be refunded by the Department of Corrections.) Authorize the transfer of $I0,000 from the Community Planning budget, Account No. 001-002-8110-9536 to this program as part of the City's cash match needed to operate the program for FY 86-87 to the Grant Program Fund. W. Robert Herbert City Manager WRH/MVH:kds cc: Assistant City Manager City Attorney Director of Finance Director of Human Resources Departm~ of Correcturns June 13, 1986 Mr. W. Robert Herbert City Manager City of Roanoke 215 Church Avenue~ S.W. Roanoke, VA 24011 R nok.,~eS ~8-~ ]98~ unity Pla~pment RE: The Virginia Delinquency Prevention and Youth Development Act Grant Number: 86-I-7 Dear Mr. Herbert: The above-named Virginia Delinquency Prevention and Youth Development Act grant application has been approved in the amount of $ 33,811 Act funds, $ 10,569 local match, $ 44,380 total program. Attached you will find a Statement of Grant Award and a copy of a form entitled SPECIAL CONDITIONS FOR DELINQUENCY PREVENTION AND YOUTH DEVELOPMENT ACT GRANT AWARDS. The original of this form should be signed and returned to the Department of Corrections. This signed form is our official notice that you accept the award and the conditions of award. When you wish to request funds for this grant, use DOC Form DC-01-0589, Request for Funds, Virginia Delinquency Prevention and Youth Development Act Grant Programs. Before any funds are disbursed to the grantee under this award, the grantee must agree to comply with all conditions attached to this award as found in the SPECIAL CONDITIONS FOR DELINQUENCY PREVENTION AND YOUTH DEVELOPMENT ACT GRANT AWARDS. Thank you for your cooperation and interest in this matter. Sincerely, Edward Attachment /daa CC: R. H. Sutton Glenn D. Radcliffe Eugene C. Morgan G. Richard Smith Doris B. West T. J. Northen, III /l~arion Howard CO~40NWEALTH OF VIRGINIA DEPARTMENT OF CORRECTIONS DIVISION OF YOUTH SERVICES P. O. BOX 26963, RICHMOND, VIRGINIA 23261 STATEMENT OF GRANT AWARD VIRGINIA DELINQUENCY PREVENTION AND YOUTH DEVELOPMENT ACT PURSUANT TO THE AUTHORITY OF THE DELINQUENCY PREVENTION AND YOUTH DEVELOPMENT ACT, SECTIONS 53.1-251 THROUGH 53.1-260 OF THE CODE OF VIRGINIA, THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS HAS APPROVED THE GRANT AS INDICATED. TITLE OF PROJECT: GRANTEE: GRANT NUMBER: 86-I-7 DATE APPROVED: June 13, 1986 Roanoke Youth Services Citizens Board/Office on Youth PROGRAM ADMINISTRATOR: Roanoke, Virginia GRANT PERIOD: TOTAL LENGTH: FROM: THROUGH: 12 Months July 1, 1986 June 30, 1987 Ms. Marion Howard, Youth Planner Roanoke Youth Services Citizens Board 215 Church Avenue, S. W. Roanoke, VA 24011 {703) 981-2349 PAYMENT PROCEDURE: FINANCE OFFICER: lst., $8,455 next three, $8,452 each Joel M. Schlanger, Director of Finance 215 Church Avenue, S.W. Roanoke, VA 24011 (703) 981-2824 DETAIL BUDGET AWARD BUDGET CATEGORY -GRANTEE- -DOC- LOCAL MATCH -TOTAL- STATE FUNDS CASH IN-KIND PERSONNEL $ 33)021 $ 5~317 $ -0- $ 38,338 CONSULTANT -0- -0- -0- -O- TRAVEL 290 1~350 -0- 1~640 EQUIPMENT -0- -0- -0- -O- OTHER EXPENSES 500 3~333 569 4~402 TOTAL AWD/MATCH $ 33,811 $ 10~000 $ 569 $ 44~380 THIS GRANT IS SUBJECT TO THE MINIMUM STANDARDS AND THE RULES AND REGULATIONS FOR THE DELINQUENCY PREVENTION AND YOUTH DEVELOPMENT ACT. THIS GRANT IS SUBJECT TO AND CONDITIONED UPON ACCEPTANCE OF SPECIAL CONDITIONS ATTACHED HERETO. DATE: /yah June 13, 1986 SIGNATURE OF AUTHORIZED OFFICIAL Commonwealth of Virginia Department of Corrections I~i~hm~nd. Virgi.,~ 232! ~ECIAL CONDITIONS FOR DELINQUENCY PREVENTION AND YOUTH DEVELOPME~ ACT GRANT AWARDS SPECIAL CONDITIONS FOR GRANT AWARD ~ 86-I-7 ~ DIRECTOR OF THE DEPAR~.'MF-NT OF COP. R~CTIONS, ~m~OUGH T~LE AFTER REFERRED TO A~ THE DF..~ART:'r"~-NT, DOES KER.EBY AWARD TO ROANOKE, VIRGINIA H~L~IAfT~R R~FERRED TO A~ TH~ GI~NTEE, FROM 1~ DELINQUENCY PR~v~RTION ARD YOUTH DEVELOP.~ ACT AFPROPRIATION AN AMOUNT OF $ 33,811 TH~ GI~F.E H~BY AGP. EES TO PROVIDE AN AMOUIT~ OF $ 10,569 AS 1~ MATCHING SHAR~ ~EQUII~ BY 'r~z DELIltQU~CY PREVENTION ARD YOu%'M DEVEL01~ ACT OF 1979, HEI~INAFTER P~-FERRED TO AS THE ACT. TOTAL PROGRAM AWARD IIIMBY BEING ~ $UH OF $ 44,380 FOLLOWING CONDITIONS AR~ AITAu-~h TO AND MADE A PART OF THIS GRANT AWARD: 1. The Grantee will comply with the terms of the Grantee's application, its attachments amd amendments thereto, and will not deviate therefrom without the prior approval of the Depar~mer 2. The Act funds awarded are subject to adjustment prior to the disbursement of funds by the Department; in no event shall ~he amount disbursed ~xceed the Act funds awarded. 3. The Grantee will comply with the provisions of the Act and ~he rules and regulations pre- scribed by the Co,,~onweal~h of Virginia, under the Act. 4. The Grantee shall establish and maint~t- fiscal controls and accounting procedures which shall assure thac the total program funds (Act and matching share) are. a. properly expended b. adequately controlled c. adequately accounted for d. separately identified 5. The Grantee shall establish and maintain accountin8 procedures which provide for an aecur and timely recording: a. total of grant funds (Act and matching share) b. of L~enditures from such funds c. of unexpended balances 6. The Grantee shall establish controls which ensure: a. that e.~endiTures charged to grant activities are for allovable purposes b. that documentatiou is readily available to verify that such charges are accurate c. that time and attendance records of personnel engaged in this program are matnca~ d. that equipment purchased with grant funds shall be registered on inventory cards and properly labeled in a ~anner which will identify such equt~nent as being purchased funds from this grant. Where ~e allowability of an expenditure cannot be determined because records or documental:on are inadequate, the questionable cost will be disallowed. The Grantee shall reimburse the State for the amount of any disallowed items. 7. The Grantee shall make all records and accounts documenting the disbursement, utilization, administration and management of total program (Act and ~atching share) funds approved in this grant accessible to all authorized State personnel and such persons as may be designated by the Department. - 8. The Grantee shall submit to the Department, on forms prescribed, accurate, timely and plete financial and narrative reports; the Grantee shall submit such other reports as may be reasonably required by the Department. The responsibility for complying with reporting re- quirements shall not be transferred by the Grantee to any other party. 9. No Act funds shall be expended for: a. any expenses other than those necessarily incurred in the performance of this grant program; b. the purchase of real property; c. new construction; d. costs incurred before the effective date of the grant, unless incurred with the prior authorization of the Department; e. the payment of any salary or compensation to a federal employee; f. payment of any consultant fee, or honorarium, to any officer or employee of the Department or of any State, municipality or local agency for services normally paid for by such employee's regular salary, wage and overtime compensation. This does not preclude payment of overtime compensation to such officers and employees con- sistent with the established personnel policies of the employing agency; and g. the payment of portions of any salaries in excess of the proportion of actual time spent in carrying out the grant program. 10. Any news releases, statement or publicity concerning this grant in which there is a re- ference to the source of the funds shall indicate that the grant was made to the Grantee by the Virginia Department of Corrections from Delinquency Prevention and Youth Development Act Funds. 11. No material produced in whole or in part under this grant shall be the subject of an application for copyright in the United States or in any country. The Department shall re- tain a royalty-free non-exclusive and irrevocable license to publish and use the materials and to authorize others to do so. 12. The Grantee shall commence performance of the program provided for in the grant on the 1st day of July 1986 and shall complete performance no later than the 30th day of u-'J'6-6~1987 ' 13. The. Grantee will indemnify, reimburse, hold and save the Co~nnonwealth of Virginia and the Department harmless from all charges, damages, costs, or other liability that the Department may be required to pay or otherwise incur by reason of any agreement betveen the Department and the Grantee, or by reason of any person, firm, or corporation being injured or damaged in any way in person or property, or in the event of a final Judgment or decree helms obtained against the Department, either independently or jointly with the Grantee then in that event the Grantee w-ill pay such Judgment or comply with decree with all costs amd hold the Commonwealth of Virginia and the Department harmless therefrom. PURCHASES OF EQUIPMENT OR CONTRACTUAL SER,~XCES 14. 15. 16. 17. Ail purchases of equipment or contractual services made vi th funds from this grant award shall be in compliance with local rules and regu:a:ions governing such purchases, which are based on competitive principles. There shall be submitted to the Department a signed statement certifying that all applicable Act regulations, State laws, and local purchasing regulations have been complied with. Grantee agrees to accept assistance from the Department's Regional Delinquency Prevention SFecialist and Evaluation Unit in the deve!o::ent of the Self- Evaluation. - Grantee agrees to provide documentation for a statewide evaluation, the criteria of which shall be jointly developed by Grantees and the Department of Corrections. ADDITIONAL SPECIAL CON'DITIONS The Grantee is hereby informed that failure to comply with any of the above conditions, any of the provisions of the Act or any of the rules and regulations promulgated thereunder shall con- stitute grounds upon which the Department may terminate this grant, discontinue fund payments, and require reimbursement of fund payments after thirty days notice to each participating county and city and after a hearing has been conducted on the matter by the Director of the Department of Corrections or his designee. The undersigned, having received the Notice of Grant Award and the conditions attached thereto, does hereby accept this grant and agree to the conditions pertaining thereto, this day of 19 Signature Title C~l~ce of ~he O~y Oe~k July 18, 1956 File #200-226-236-467 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 28246, authorizing you to execute a contract with Total Action Against Poverty in t~e Roanoke Valley, Inc.. (TAP) providing for the expenditure of funds previously authorized by Council for the completion and equipping of a Heritage Center in the Harrison School, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 14, 1g~6. Sincerely, Mary F. Parker, CIIC City Clerk MFP:se Enc. cc: Mr. T. J. Edtich, III, Executive Oirector, Total Action Against Poverty in Roanoke Valley, 702 Shenandoah Avenue, N. W., Roanoke, Virginia 24017 Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Oirector of Finance Mr. Earl B. Reynolds, Jr., Assistant City Manager Mr. William F. Clark, Director of Public Works Mr. Charles Iq. Huffine, City Engineer Hs. Marie T. Pontius, Grants Monitoring Administrator Room 456 Municipal Building 215 O~urch Avenue, S.W. Roonoke, Virginia 240'11 (703) 98t-254t IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of July, 1986. No. 28246. AN ORDINANCE authorizing the City Manager to execute a contract with Total Action Against Poverty in the Roanoke Valley, Inc., (TAP) providing for the expenditure of funds previously authorized by Council for the completion and equipping of a Heritage Center in the Harrison School; 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 attest, respectively, a contract with Total Action Against Poverty in the Roanoke Valley, Inc., (TAP) providing for the payment by the City of certain expenses to be incurred by TAP in the comple- tion and equipping of a Heritage Center within the Harrison School Project, upon certain terms and conditions outlined in the report of the Cit~ Manager dated July 14, 1986. 2. Payment to TAP pursuant to the aforesaid contract shall not exceed $40,000, which amount has previously been authorized by this Council, without further action of Council. 3. The form of the contract between the City and TAP approved by the City Attorney. 4. In order to provide for the usual municipal government, an emergency is deemed nance shall be in full force and effect upon shall be daily operation of the to exist, and this ordi- its passage. ATTEST: City Clerk. Roanoke, Virginia July 14, 1986 Honorable Mayor and Members of City Council Roanoke, Virginia Subject: Contract between City and Total Action Against Poverty for Completion of Harrison Heritage and Cultural Center Dear Members of City Council: I. Background: A. City Council has appropriated $180~000 since 1981, for the Harrison School project. 1. CDBG funds provided, including FY 1986-87 funds, total $140,000. 2. Proceeds from the sale of the Harrison School building from the City to Fralin and Waldron provided $40,000. City Council has approved three (3) contract~ with TAP involving the Harrison School project since 1981, totaling $140,000. 1. Architectural services for $20,750, was approved May 4, 1981, by Ordinance Number 25569. e Renovation and equipment contract for $65~00~ was approved April 23, 1984, and amended July 22, 1985, by Ordinance Number 26983, and again on May 27, 1986 by Ordinance Number 28166. This contract expires August 31, 1986. 3. First year operatin9 expenses for the Cultural Center - Contract $54,250, was approved October 7, 1985, by Ordinance Number 27825. Work on the Cultural Center had to be suspended until TAP received a waiver from the IRS, authorizing use of the entire first floor for the Heritage and Cultural Center. 1. IRS regulations have been revised and TAP has been authorized as of April 1, 1986, to expand the Heritage and Cultural Center. Honorable Mayor and City Council Page 2 II. Current Situation: Balance of CDBG funds appropriated by City Council for Cultural Center '~s $40,000 for the completion of the Center as part of FY 1986-87 CDBG program and has been approved by HUD. B. Funds will be used to: Complete construction of additional exhibit space, kitchen, storage, audio/visual library which includes laying of tile, wall covering, painting, etc. Equip the Center with display cases for the exhibit rooms, cabi- nets, and appliances in the kitchen and increase the security alarm system. III. Issues: A. Goals and objectives of City Council and Harrison Center Board of Directors. B. Availability of funds. C. Compliance with Applicable Federal and City Regulations. IV. Alternatives: Authorize the City Manager to execute a contract with TAP for the use of $40~000 CDBG funds for completing the renovation and equipping of the Harrison Heritage and Cultural Center. 1. Goals and objectives of City Council and Harrison Center Board of Directors will be achieved. 2. Availabilits of Funds - Funds are currently available in CDBG account number A35668600810. Compliance with applicable Federal and Citx regulations will be assured by review and approval of contract by the City Attorney, as to form; Director of Finance as to availability of funds; and CDBG Grants Monitoring Administrator as to CDBG eligibility, prior to execution by the City Manager. Expenditures will be monitored after contract execution to further insure compliance. Honorable Mayor and City Council Page 3 Do not authorize the City Manager to execute a contract with TAP to use available funds for this project. 1. Goals and objectives of City Council and Harrison Center Board of Directors will not be achieved. 2. Availability of Funds - Existing funds, which are not approved for expenditure, will remain in accounts. Compliance with applicable Federal and City regulations will not be an issue although HUD expects the CDBG money set aside for this project to be used per FY 1986-87 HUD Grant Agreement. V. Recommendation: It is recommended that City Council concur in Alternative "A" and authorize the City Manager to execute a contract with TAP for the use of available funds for the Heritage Center project. Contract shall be in a form accept- able to the City Attorney and shall not exceed $40,000. Respectfu 11 y su b~m~i tted, W. Robert Herbert City Manager WRH:CAH:mds CC: Assistant City Manager City Attorney Director of Finance Director of Public Works Grants Monitoring Administrator Executive Director, TAP AGREEMENT THIS AGREEMENT entered into this __day of , 1986, by and between the CITY OF ROANOKE, VIRGINIA (City), and TOTAL ACTION AGAINST POVERTY IN THE ROANOKE VALLEY, INC. {TAP). WHEREAS, TAP is the leasee, for a thirty-year term, of space known as the Harrison School located at 523 Harrison Avenue, N. W., Roanoke, Virginia, which space is being renovated to be used as the Harrison Heritage and Cultural Center (Center); and WHEREAS, the City has appropriated certain Community Development Block Grant (CDBG) funds for use by TAP in the renovation and equipping of the Center; and WHEREAS, the parties desire to enter into an agreement for disbursement of these funds to TAP for the purpose of furnishing and equipping the Center; THEREFORE, the parties agree as follows: 1. The City hereby agrees to provide funds in the amount not to exceed $40,000 to TAP to purchase those items listed in Exhibit A which is attached to this Agreement and incorporated herein. 2. In procuring those items listed in Exhibit A, TAP shall comply with all applicable Federal regulations concerning the use of Community Development 8lock Grant funds. TAP shall obtain written notification from the City, prior to procuring any item, that such item is an eligible expenditure for CDBG pur- poses. TAP shall notify the City of the procedure it will use in procuring those items listed in Exhibit A and prior to the expenditure of any funds, will obtain the approval of the City's Grants Monitoring Administrator as to the pro- curement procedure to be used. 3. All payments made under this Agreement shall be made payable directly by the City to TAP within thirty (30) days of receipt by the City of an invoice from TAP and copies of vendor's invoices being paid by TAP evidencing that an expenditure covered by this Agreement has been made. The City shall not be obligated hereunder for payments for any items for which invoices are received by the City after June 30, 1987. 4. TAP shall maintain full and accurate records with respect to all mat- ters covered by this Agreement for a period of three years. The City shall have free access at all proper times to such records, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings and activities relating to the renovation and equipping of the Center. 5. The City shall not be obligated or liable hereunder to any party other than TAP. 6. This Agreement and any additional or supplementary document or docu- ments incorporated herein by specific reference contain all the terms and con- ditions agreed upon by the parties hereto, and no other agreement, oral or otherwise, regarding the subject matter of this Agreement or any part thereof shall have any validity or bind any of the parties hereto. 7. (a) During the performance of this Agreement TAP agrees as follows: (1) TAP will not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, sex or national origin, except where religion, sex or national origin is a bona fide occupa- tional qualification reasonably necessary to the normal operation of TAP. TAP agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. -2- (2) TAP, in all solicitations or advertisements for employees placed by or on behalf of TAP, will state that TAP is an equal employment oppor- tunity employer. (3) 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 section. (b) TAP will include the provisions of the foregoing subparagraph (a)(1), (2) and (3), in every subcontract or purchase order of over ten thousand dollars ($10,000.00), so that the provisions will be binding upon each sub- contractor or vendor. 8. TAP agrees to abide by the HUD conditions for CDBG programs set forth in Attachment B to this Agreement as if it were the Grantee referenced therein, unless such conditions are clearly inappropriate to the performance of services under this Agreement. 9. TAP agrees to indemnify and hold harmless the City, its officers, agents and employees from any and all claims, legal actions and judgments advanced against the City and for expenses the City may incur in this regard, arising out of TAP's intentional acts and negligent acts or omissions with respect to the rights and privileges granted by the City to TAP in this instru- ment. 10. The parties, from time to time, may require changes in the terms of this Agreement. Such changes which are mutually agreed upon by and between the City and TAP shall be incorporated in written amendment to this Agreement. 11. This Agreement shall be governed by the laws of the Commonwealth of Virginia. -3- IN WITNESS WHEREOF, the City and TAP have executed this Agreement as of the date first written above. ATTEST: CITY OF ROANOKE, VIRGINIA Mary F. Parker, City Clerk W. Robert Herbert, City Manager Witness: TOTAL ACTION AGAINST POVERTY IN ROANOKE VALLEY, INC. By Executive Director -4- Attachment A HARRISON HERITAGE & CULTURAL CENTER Phase II Space Completion of construction of additional space: Exhibit area (867 square feet), kitchen (385 square feet), storage/acquisition (600 square feet), A/V library. $ 9,654 Motion detectors {4) in exhibit room, kitchen, storage, a/v room in lieu of security screen (Electroalarm System) hooked up to security alarm system. 2,000 Kitchen: cabinets, ranges, commercial tion. counter tops, storage access, appliances (gas dishwasher, refrigerator, microwave) installa- 6,500 Track lighting for exhibit area: 6 @ $200 per 8-foot section, 18 lamps @ $100. 3,000 Unistrut modular display system in Exhibit area: ceiling grids and accessories (bolts, clips, medium density overlay plywood). 2,000 Panels to cover display area windows (9), adjustment of blinds: to expend exhibit space and conserve objects by protecting from sunlight. 900 A/V study carrels for oral history, music appreciation, etc.: 3 @ $240 72O Display cases for Exhibit rooms, A/V library, at architect's* estimated cost of $193 per linear foot. 14,500 Storage closet in coat room alcove (94" x 54" x 32" deep) 408 Picture molding in Exhibit area - 106 feet @ $3/foot. 318 $40,000 Estimated costs for built-in display cases and bookshelves in all areas - $28,600. ATTACHMENT B U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT GRANT AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAN Upon execution of the Acceptance Provisions of this Grant Agreement, the Department of Housing and Urban Development (HUD) agrees to provide to the Grantee the Fede6al assistance under Title I of the Housing and Community Development Act of [974 (P.L. 93-383) authorized by the Funding Approval iden- tified therein, subject to the terms and conditions of this Grant Agreement, applicable law, regulations and all other requirements of HUD now or hereafter in effect. The Grant Agreement is effective with respect to such assistance as of the date the acceptance is executed and consists of each Funding Approval and acceptance hereto attached, together with the HUD-approved Application specified therein, including any Assurances, certifications, maps, schedules or other sub- missions made with respect thereto, the HUD Community Development Block Grant Regulations at 24 CFR Part 570 and the following General Terms and Conditions: Definitions: Except to the extent modified or supplemented by the Grant Agreement, any term defined in Title I of the Housing and Community Development Act of lg74 or the HUD Community Development Block Grant Regulations at 24 CFR Part 570 shall have the same meaning when used herein. A. Agreement means this Grant Agreement as described above and any amend- ments or supplements thereto. B. Applicant means the entity designated as such in the Funding Approval. Grantee means each entity designated as a recipient for grant or loan guarantee assistance in the Funding Approval and signing the acceptance provisions as Grantee under the Agreement. De Assurances, when capitalized, mean the certifications and assurances submitted with grant applications pursuant to the requirements of 24 CFR Part 570. E. Assistance provided under this Agreement means the grants and any loans secured by loan guarantees provided under this Agreement. Program means the Community Development program, project or other activ- ities, including the administration thereof, with respect to which assistance is being provided under this Agreement. "Section 3" Compliance in the Provision of Training, Employment and Business Opportunities: This Agreement is subject to the requirements of Section J of the Housing and Urban Development Act of 1968 (12 USC 1701u), as amended, the HUD regulations issued pursuant thereto at 24 CFR Part 135, and any applicable rules and orders of HUD issued thereunder prior to the HUD authorization of the Funding Approval. The Grantee shall cause or require to be inserted in full in all contracts and subcontracts for work financed in whole or in part with assistance pro- vided under this Agreement, the Section 3 clause set forth in 24 CFR 135.20 (b). The Grantee shall provide such copies of 24 CFR Part 135 as may be necessary for the information of parties to contracts required to contain the Section 3 clause. 3. Equal Employment Opportunity: Activities and contracts not subject to Executive Order 11246~ as amended: In carrying out the Program, the Grantee shall not discrimin- ate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Grantee shall take affirm- ative action to insure that applicants for employment are employed, and that employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Grantee shall post in conspicuous places available to employees and applicants for employment, notices to be provided by the Government setting forth the provisions of this nondiscrimination clause. The Grantee shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The Grantee shall incorporate the foregoing requirements of this paragraph 4A in all of its contracts for Program Work, except contracts governed by paragraph B of this section, and will require all of its contractors for such work to incorporate such requirements in all subcontracts for Program work. B. Contracts subject to Executive Order 11246) as amended: Such contracts shall be subject to HUD Equal Employment Opportunity regulations at 24 CFR Part 130 applicable to HUD-assisted construction contracts. The Grantee shall cause or require to be inserted in full in any non-exempt contract and subcontract for construction work, or modifica- tion thereof as defined in said regulations, which is paid for in whole or in part with assistance provided under this Agreement, the following equal opportunity clause: "During the performance of this contract, the contractor agrees as follows: 1. The contractor will not discriminate against any employee or appli- cant for employment because of race, Color, religion, sex or national origin. The contractor will take affirmative action to ensure that applicants are employed and :nat employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and section for training, including apprenticeship. The contractor agrees to post in conspic- uous places available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the Contract Compliance Officer advising the said labor union or workers' repre- -2- sentatives of the contractor's commitment under this shall post copies of the notice in conspicuous places employees and applicants for employment. section and available to The contractor will comply with all provisions of Executive Order 11246 of September 24, Ig65, and of the rules, regulations and rele- vant orders of the Secretary of Labor. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regu- lations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the Department and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. In the event of the contractor's noncompliance with the non- discrimination clauses of this contract or with any of such rules, regulations or orders, this contract may be canceled, terminated or suspended in whole or in part, and the contractor may be declared ineligible for further Government contracts or Federally-assisted construction contract procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by law. The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the Department may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event a contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of such direction by the Department, the contractor may request the United States to enter into such litigation to protect the interest of the United States." The Grantee further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in Federally-assisted construction work; provided, that if the Grantee so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumen- tality or subdivision of such government which does not participate in work on or under the contract. The Grantee agrees that it will assist and cooperate actively with the Department and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, r~gulations and relevant orders of the Secretary of Labor; that it will furnish the Department and the Secretary of Labor such compliance; and that it will otherwise assist the Department in the discharge of its primary responsibility for securing compliance. The Grantee further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not -3- demonstrated eligibility for, Government contracts and Federally- assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal oppor- tunity clause as may be imposed-upon contractors and subcontractors by the Department or the Secretary of Labor pursuant to Part II, Subpart D, of the Executive Order. In addition, the Grantee agrees that if it fails or refuses to comply with these undertakings, the Department may take any or all of the following actions: cancel, terminate or suspend in whole or in part the grant or loan guarantee; refrain from extending any further assistance to the Grantee under the Program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from such Grantee; and refer the cause to the Department of Justice for appropriate legal proceedings. Federal Labor Standards Provisions: Except with respect to the rehabilita- tion of residential property designed for residential use for fewer than eight families, the Grantee and all contractors engaged under contracts in excess of Two Thousand Dollars ($2,000.00) for the construction, prosecu- tion, completion or repair of any building or work financed in whole or in part with assistance provided under this Agreement shall comply with HUD requirements pertaining to such contracts and the applicable requirements of the regulations of the Department of Labor under 29 CFR Parts 3 and 5, governing the payment of wages and the ratio of apprentices and trainees to journeymen; provided that if wage rates higher than those required under such regulations are imposed by State or local law, nothing hereunder is intended to relieve the Grantee of its obligation, if any, to require payment of the higher rates. The Grantee shall cause or require to be inserted in full in any such contracts subject to such regulations, provi- sions meeting the requirements of 29 CFR 5.5. No award of the contracts covered under this section of the Agreement shall be made to any contractor who is at the time ineligible under the provisions of any applicable regulations of the Department of Labor to receive an award of such contract, Nondiscrimination Under Title VI of the Civil Rights Act of lg64: This Agreement is subject to the requirements of Title VI of the Civil R fghts Act of 1964 (P.L. 88-352) and HUD regulations with respect thereto, including the regulations under 24 CFR Part 1. In the sale, lease or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, the Grantee shall cause of require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination upon the basis of race, color, religion, sex or national ori- gin, in the sale, lease or rental, or in the use of occupancy of such land or any improvements erected or to be erected thereon, and providing that the Grantee and the United States are beneficiaries of and entitled to enforce such covenant. The Grantee, in undertaking its obligation in carrying out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant and will not itself so discriminate. Obliqations of Grantee with Respect to Certain Third-partx Relationships: The Grantee shall remain fully obligated under the provisions of the Agreement, notwithstanding its designat'ion of any third party or parties for the undertaking of all or any part of the program with respect to which assistance is being provided under this Agreement to the Grantee. Any Grantee which is not the Applicant shall comply with all lawful requirements of the Applicant necessary to insure that the program, with respect to which assistance is being provided under this Agreement to the Grantee, is -4- July 18, 1986 File #27-468B Mr. W. Robert tterbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 28247, authorizin§ tne appropriate City ufficials to execute a permit agreement with the Commonwealth of Virginia for the installation of a sanitary sewer gravity main across certain State-owned subaqueous land with various crossings of Mudlick Creek, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 14, 1986. Sincerely, Mary F. Parker, CNC City Clerk MFP:se Enc o cc: Hr. Norman E. Larsen, Assistant Commissioner for Habitat Management, Virginia Marine Resources Commission, p. O. Box 756, Newport News, Virginia 23607-0756 Mr. Stewart W. Hubbell, Mattern and Craig, Consulting Engineers, Suite 401, 707 South Jefferson Street Roanoke Virginia 24011 ' ' ~lr. Wilburn C. Dibling, 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. Kit B. Kiser, Oirector of Utilities and Operations Room 456 Municipal Building 215 (~urch Av~que, S,W. Roono~, Vlrglnio 2401 t (703) 981-254t IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of July, 1986. No. 28247. AN ORDINANCE authorizing the appropriate City officials to execute a permit agreement with the Commonwealth of Virginia for the installation of a sanitary sewer gravity main across certain State-owned subaqueous land with various crossings of Mudlick Creek; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager is hereby authorized to execute, for and on behalf of the City, the permit agreement dated May 27, 1986, between the Commonwealth of Virginia and the City, attached to the City Manager's reported dated July 14, 1986 on this subject, provided this permit agreement be in such form as approved by the City Attorney. This instrument shall govern the terms and conditions under which the Commonwealth will allow the City to install a sanitary sewer gra- vity main across a total of approximately one hundred twenty-six linear feet of State-owned subaqueous land with six (6) stream crossings of Mudlick Creek in the 2. In order to provide for municipal government, ordinance shall be in City. the usual daily operation of the an emergency is deemed to exist, and this full force and effect upon its passage. ATTEST: City Clerk. Roanoke, Virginia July 14, 1986 Honorable Mayor and Ci~Cq~c~ ? ~:~ Roanoke, Virginia Dear Members of Council: Subject: Marine Resources Commission - Permit for Six (6) Stream Crossings for Mud Lick Creek Sanitary Sewer Replacement - Phase II I. Background: Fiscal Year 1983-1984 Budget approved by City Council con- tained various funded capital improvement and maintenance projects in the Water Enterprise Fund Budget and 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 Grandin Road, S.W. November 18~ 1985, City Council authorized the City Manager or the Assistant City Manager to execute, for and on behalf of the City, a permit between the Commonwealth of Virginia and the City, which allowed the City to install a sanitary sewer gravity main across a total of approximately Three Hundred Ten (310) linear feet of state-owned subaqueous land with eight (8) stream crossings. This permit was for Phase I, Mud Lick Creek Sanitary Sewer Replacement (from Roanoke River Interceptor upstream to Brandon Avenue, S.W., at Yorktown Apartments). Ce An additional permit is required for Phase II Mud Lick Sanitary Sewer Replacement (from Brandon Avenue, S.W. at Yorktown Apartments upstream to Grandin Road, S.W.) from the Commonwealth of Virginia Marine Resources Commission to enable the City, through its contractor, to install a sani- tary sewer gravity main across approximately one hundred twenty six (126) linear feet of state owned subaqueous land with six (6) stream crossings. The permit requires that the City indemnify and save harmless the Commonwealth of Virginia from any liability arising from the establishment, operation or maintenance of said project. D. Letter of instructions, dated June 4, 1986, with a copy of the proposed permit is attached hereto for information. Page 2 II. Issues: A. Authority B. Cost C. Engineering Concerns D. Schedule III. Alternatives: A. Council approve the proper measure authorizing the City Manager or Assistant City Manager to execute the permit to enable the City to proceed with the project. 1. Authority to execute the permit on behalf of the City will be granted. 2. Cost is $100.00. Funding is available in Sewer Account No. A03210790001, Unidentified Sewer Replacement. 3. Engineering Concerns would be met for the replacement of existing interceptors that have many overflow problems. 4. Schedule will be met to keep project on time for spring (1987) construction. B. Council refrain from authorizing the permit. 1. Authority to execute the permit on behalf of the City will not be given. 2. Cost would not be an issue. 3. Engineering concerns would not be met and overflow problems would still exist. 4. Schedule of the entire project would be jeopardized. IV. Recommendation: Council authorize the execution of the Marine Resources Commission Permit by the City Manager or the Assistant City Manager in accordance with Alternative "A". Page 3 WRH/VRD/mm attachments CC: City Attorney Director of Finance Director of Public Works Director of Utilities & Operations City Engineer Respectfully submitted, W. Robert Herbert City Manager COMMONWEALTH of VIRGINIA WILLIAM A. PRUITT Cemmiulener ROBERT D. CRAFT Chief, Administration and Finance NORMAN E. LARSEN Chief, Habitat Management ROBERT J. MARKLAND Chief, Law Enforcement JACK G. TRAVELSTEAD Chief, Fisheries Management Marine Resources Commission ~ 0; ~ox 756 Newport News, Virginia 23607~0756 ~une 4, 1986 City of Roanoke c/o Mattern and Craig Consulting Engineers Suite 401, 707 South Jefferson Street Roanoke, Virginia ' 24011 Attention: Mr. Stewart W. Hubbell Dear Mr. Hubbell: RE: VMRC #85-1347-2 The enclosed permit will be issued to you after the necessary signatures are affixed and notarized. l) 2) 3) 4) Please review these documents. Sign both copies before a Notary Public. Return both copies to this office in the enclosed self-addressed envelope. A check or money order should be made payable to the Marine Resources Commission as follows: Permit issuing fee ......................... $100.00 Total amount due to Marine Resources Commission ................ $100.00 ASSOCIATE MEMBERS HENRY S. BRAITHWAITE Virginia Beach, Virginia R. WAYNE BROWNING Davis Whart, Virginia S. LAKE COWART, SR. Lottsburg, Virginia JAMES F. McHUGH '-' Newport News, Virginia JOHN M. PHILLIPS Hampton, Virginia TED J. WOOL Virginia Beach, Virginia Upon receipt of the above signed documents bearing the proper signatures, the Marine Resources Commission will execute your permit and return it to you. The permit is not valid until signed by the Permittee(s), a Notary Public, and the Commissioner. Be sure to include the title of the person accepting the financial and performance obligations explicit in the permit. City of Roanoke Paqe Two June 4, 1986 If for any reason you cannot return these documents within sixty days, please inform me of the reasons for the delay. Sincerely, NEL:HCB:pf HM CC: U. S. Army Corps of Engineers, Applicant~' Enclosure Norman E. Larsen Chief, Habitat Management Norfolk District MRs" 30 ' 317 VMRC# 85--1347--2 4 APPUCANT: City of Roanoke COMMONWEALTH OF VIRGINIA MARINE RESOURCES COMMISSION PERMIT The Commonwealth of V~rglma; Mer~ne Resources Commission, hereinafter r~rf~cI to as the Commission, on this 2 7th day of Hay 1986 , hereby grants unto City of Roanoke 215 West Church Avenue Roanoke, Virginia 24011 hereinafter referred to aa the Permittee, permission to: [] Encr°ach in' °n °r °ver Stato-owned subaqueous bottoms pursuant to Section 62.1.3 of the Code of Virginia. [] U~e or develoD bdei wetlands pursuant to Chapter 2.1 of Tiffs62.1 of the Code of Virginie. Pe~'milteei$l'~'ebyauthodzedto: install submarine sanitary sewer lines for a total of six (6) crossings across Mudlick Creek in Roanoke, Virginia. The project will require the crossing of a total of approximately one hun- dred twenty six (126) linear feet of State-owned subaqueous land, in conformance with the!olans dated November, 1985 attached hereto and made a part of this permiL which are This permit is granted subject to the following standard conditions: (1) The work authorized by this permit sheil be completed by Mmx~ '~1 loo~ Th permits or authority for the project. PERMITTEE--WHITE COPY COMMISSION--YELLOW COPY CORPS OF ENGINEERS--PINK COPY VMRC # 85-1347-2 The following special conditions are imposed on this permit (16) The Permittee agrees to construot sufficient temporary diversion dikes/cofferdams from a suitable non-erodible material prior to commencement of its subsequent authorized pipeline installation operation in such a manner as to minimize water quality, stream flow and habitat disturbances in the waterway. Upon completion of installation of the pipeline, the Permittee shall remove all excess excavated material not restored below the stream bed contours and all diversion dike/cofferdam material to an upland area and shall contain said material so as to prevent its reentry into State waters. PERMITTEE--WHITE COPY COMMISSION--YELLOW COPY CORPS OF ENGINEERS--PINK COPY A p~,mit issuing fee of $100.00 and a royalty of N/A f0r the subaqueous crossings VMRC# 85-1347-2 for a total of $100.00 18 sheets. is due and payable upon return of this document signed by the Permittee. This permit consists of PERMITTEE Permittee's signature is affixed hereto as evidence of acceptance of all of the terms and conditions herren. In cases where the Permittee is a corporation, agency or political jurisdiction, please assure that the individual who signs for the Permittee has proper authorization to bind the organization to the financial and performance obligations which result from activity authorized by this permit. day of State of ,19 Accepted for City of By City (or County) of , to-wit PERMITTEE Roanoke (Name) (Tiffs) a Notary Public in and for said City (or County) and Stats hereby certify that before me in my City (or County) and State aforesaid. Given under my hand this Permittee, whose name is signed to the foregoing, has acknowledged the same day of ,19 Notary Public day of ,19 COMMISSION IN WITNESS WHEREOF, the Commonwea h o Virginia. Marine Resources Commission has caused these presents to be executed in its behaff by Norman E. Larsen, Chief, Habitat Management (Name) (Title) MARINE RESOURCES COMMISSION day of 19 By State of Virginia Cityof Newport News , to-wit: l, Beth. L. Howell a Notary public w,thin and for said City. State of Virginia. hereby certify that Norman E. Larsen whose name is signed to he oregoing, bearing the day of 19 , has acknowledged the same before me in my City aforesaid. Given under my hand this day of . 19 Notary Public My commission expires on the 14 dayof December ,t9 87 PERMITTEE--WHITE COPY COMMISSION--YELLOW COPY CORPS OF ENGINEERS--PINK COPY July 18, 1986 File #178 Mr. W. Robert Herbert City Manager ~oanoke, Virginia Oear Mr. Herbert: I am attaching copy of Ordinance No. 28248, authorizing the exe- cution of a written agreement with the City of Roanoke Redevelopment and Housing Authority relating to the performance of certain Community Development Block Grant program activities to be undertaken by the City during Program Year 1986-87, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 14, 1986. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Eric, CC: Mr. Herbert D. McBride, Executive Director, City of Roanoke Redevelopment and Housing Authority, p. O. Box 6359, Roanoke, Virginia 24017 Mr. Homer Martin, Finance Director, City of Roanoke Redevelop- ment and Housing Authority, P. 0 Box 6359, Roanoke Virginia 24017 ' ' Mr. William F. Clark, Uirector of Public l~orks Mr. Charles M. Huffine, City Engineer Mr. Brian J. Wishneff, Chief of Economic Development and Grants Chief of Community Planning Ms Marie T. Pontius, Grants Monitoring Administrator Mr Wilburn C. Dibling, Jr., City Attorney Mr Joel M. Schlanger, Director of Finance Mr Ronald H. Miller, Building Commissioner Mr H. Daniel Pollock, Housing Development Coordinator Mr William G. Jones, III, Gainsboro Project Manager Room456 Munlci~l~ildl~ 2t5 ~u~ Aven~,$.W. Roono~,~2~11 (7~)981-2~1 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of July, 1986. No. 28248. AN ORDINANCE authorizing the execution of a written agreement with the City of Roanoke Redevelopment and Housing Authority relating to the performance of certain Community Development Block Grant program activities to be undertaken by the City during Program Year 1986-1987; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager is hereby authorized to execute, for and on behalf of the City, a written agreement, more particularly described in the report of the City Manager dated July 14, 1986, and providing for the provision of certain administrative services under the City's Community Development Block Grant for the 1986-1987 Program Year, between the City of Roanoke Redevelopment and Housing Authority and the City of Roanoke, to be retroactive to include program activities carried out since July 1, 1986, and providing for the services to be rendered by said Authority to the City in implementing certain program activities iden- tified in the City's application and budget for the aforesaid Grant, along with certain terms and conditions described in the aforesaid report, including the compensation to be paid to the Authority. 2. The form of the contract between the City and the Authority shall be approved by the City Attorney. municipal government, nance shall be in full In order to provide for the usual daily operation of the an emergency is deemed to exist, and this ordi- force and effect upon its passage. ATTEST: City Clerk. Roanoke, Virginia July 14, 1986 '86 ,Ii -8 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of City Council: Subject: Contract for Services with the Roanoke Redevelopment and Housing Authority I. Background: A. Community Development Block Grant (CDBG) fund~ for 1986-87 total $1~876~000 including new entitlement and program income. Council appropriated these funds on June 16, 1986. B. Funds carried over from previous CDBG program years exceed $1~146,726. C. Funds unexpended from the City's second CDBG Section 108 Loan total }797,657, for a total CDBG program in excess of }3t820,383. D. Roanoke Redevelopment and Housin9 Authority (RRHA) historically has administered certain portions of CDBG programs for the City, including housing rehabilitation and economic development activities. II. Current Situation: Funds budgeted for the RRHA's service~ in FY 86-87 total ~, for administration of four (4) Economic Development and six (6) Housing programs totaling $2,601~544, for a total contract amount of $2~957~244. Major responsibilities to be fulfilled by the RRHA under the contract include activities regarding: 1. Housin~ Rehabilitation 2. Commercial/Industrial Development 3. Gainsboro Revitalization Administrative A~reement between the City and the RRHA is necessary before the RRHA can perform and receive payment for administrative activities regarding CDBG-funded or assisted programs. Honorable Mayor and Members of City Council Page 2 De Roanoke Redevelopment and Housing Authority Commission has reviewed the proposed contract in draft form and passed a resolution dated July 14, 1986, authorizing execution. III. Issues: A. Cost to the City 8. Administrative capability C. Timing IV. Alternatives: Ae Authorize the City Manager to execute the attached agreement with the RRHA for the administration of various community development activi- ties. 1. Cost to the City will be $355~700 of CDBG funds. No other City funds will be expended. Administrative capability to perform the services specified is possessed by the RRHA. In most cases, the RRHA is experienced in and knowledgeable of the programs specified, having performed similar responsibilities in previous years. Timing is such that several programs can be initiated or renewed immediately after the Agreement is executed. The program year began July 1, 1986. B. Do not authorize the execution of an Agreement with the RRHA for ad- ministration of CDBG activities. Cost to the City would depend on the cost of performing the activ- ities directly with additional City staff or of contracting for services from private agents. 2. Administrative capability to perform the various activities is available in some cases with existing City staff. However, other capability would have to be obtained by hiring additional CDBG- funded staff and/or contracting with private agencies. 3. Timing would delay the implementation of many program activities, until necessary staff could be hired and trained or until other arrangements could be made. Honorable Mayor and Members of City Council Page 3 V. Recommendation: Adopt Alternative "A", thereby authorizing the City Manager to execute the attached Agreement with the RRHA for the performance of various community development activities. Respectfully submitted, W. Robert Herbert City Manager WRH:MTP:mds cc: Director of Public Works City Attorney Director of Finance Building Commissioner City Engineer Chief of Economic Development & Grants Chief of Community Planning Grants Monitoring Administrator Housing Development Coordinator Gainsboro Project Manager Executive Director, RRHA AGREEMENT made this between the Grantee: The City of Roanoke Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011 and the Subgrantee: The City of Roanoke Redevelopment and Housing Authority 2624 Salem Turnpike Roanoke, Virginia 24017 It is the intent of the Grantee to entrust the Subgrantee with the imple- mentation of certain projects and activities relating to community development and neighborhood revitalization, including, but not limited to, projects in- cluded in the Grantee's 1986-87 Community Development Block Grant (CDBG) program. The Grantee and Subgrantee agree as set forth below: I. The Subgrantee shall implement certain projects and activities as set forth in Part I of the Terms and Conditions of Agreement. II. The Grantee shall compensate the Subgrantee as set forth in Part II of the Terms and Conditions of Agreement. TERMS AND CONDITIONS OF AGREEMENT PART I - SCOPE OF SERVICES: The Subgrantee shall, in a satisfactory and proper manner, as determined by the Grantee, and within the scope of the 1986-87 Grant Programs Funds Appropria- tions for CDBG provided for the services included herein and approved by the Roanoke City Council, perform the following tasks: A. Rehabilitation and Revitalization of Residential Area~: Private Rehabilitation Loan Program - The Subgrantee shall continue to lend the proceeds of the $600,000 mortgage revenue bond it sold in December, 1985, and initially made available to the public for rehabi- litation or purchase/rehabilitation during calendar year 1986. Prior to November 30, 1986, the Grantee and Subgrantee shall review characteristics of the calendar 1986 Program, and jointly shall deter- mine whether future mortgage revenue bonds are to be sold by the Subgrantee using CDBG or other funds, and on what basis. All costs of future mortgage revenue bonds that may be issued in fiscal year 1986-87, including loan loss reserve, legal expenses, costs of issuance, and all other related expenses, and additional costs incurred relative to previous mortgage revenue bonds, shall not require a total of more than $86~991 of CDBG funds or other funds by the Grantee. Private Rehabilitation Loan Subsidy - The Subgrantee shall continue to administer a subsidy program in conjunction with the Private Rehabili- tation Loan Program in accordance with written guidelines outlined in Attachment A. The Private Rehabilitation Loan Subsidy shall consist of grants to be made to borrowers of funds under the Private Rehabilita- tion Loan Program, in order to make rehabilitation and/or purchase/ rehabilitation loans more affordable. The total of all subsidies provided under this program shall not exceed $96,308. 3. Critical Home Repair Program - The Subgrantee shall administer the Critical Home Repair Program in accordance with existing (RRHA) written -2- e guidelines as approved by City Council on June 23, 1986, by Resolution No. 28220. Essentially, the Critical Home Repair Program consists of limited grants to qualified homeowners to repair or replace seriously substandard components of the homeowner's structure. The total of all such grants/loans to be made in fiscal year 1986-87 shall not exceed $214,668 which includes $979 unexpended as of July 1, 1986, from previous years' Critical Home Repair Program. Urban Homesteading Program - The Subgrantee shall Homesteading Program, as provided by the Section 810 Program approved by HUD. Funding currently undetermined, amounts as allocated by HUD. administer an Urban Homesteading but to be in Rental Rehabilitation Pro~ram The Subgrantee shall administer the Rental Rehabilitation Program as developed by the Grantee and Subgrantee and approved by the Department of Housing and Urban Development (HUD). Such Program shall include: ° Rehabilitation subsidies to rental property owners, from funds allo- cated to the Program by HUD from Rental Rehabilitation Program funds and/or by the Grantee from CDBG funds; and ° Section 8 rental subsidies to qualifying tenants, using Section 8 Certificates and/or Housing Vouchers awarded the Subgrantee by HUD for use in conjunction with the Program. The total of funds, currently undetermined, will be used for rehabili- tation subsidies in the contract year in an amount as allocated by HUD or the Virginia Housing and Development Authority as an agent for HUD. Miscellaneous Rental Rehab costs shall be provided for in an amount not to exceed $1,252.00 for associated audit expenses and legal fees. -3- e Technical Assistance~ Counseling and Services - The Subgrantee shall assist the Grantee in providing advice and counseling to citizens, individually or in groups, concerning community development and housing concerns. Such assistance and services will be provided as requested by citizens and shall include, but not be limited to: a. Property inspections and technical advice concerning repair, re- modeling or rehabilitation; be Guidance and counseling concerning possible financial arrangements for purchase or rehabilitation, including possible options available in the private financing market. Marketing - The Subgrantee shall play a principal role in assisting the Grantee in publicizing and marketing housing programs, rehabilitation and neighborhood revitalization generally. 8. Relocation Assistance responsibility for the vided to residents and and Counseling - The Subgrantee shall assume relocation assistance and guidance to be pro- businesses displaced by community development projects and activities of the Grantee, in accordance with HUD regula- tions and guidelines. In addition, the Subgrantee shall participate with the Grantee in updating the City-wide housing resource summary and a plan to meet the total relocation needs for the program year. Outstanding Loans and Grants; Foreclosures - The Subgrantee shall con- tinue to service outstanding loans, for§iveable and/or deferred payment loans, grants, etc., made in previous years as appropriate and in accordance with guidelines of the specific programs. -4- The Subgrantee shall provide counseling to parties delinquent in their repayments in a reasonable effort to avoid foreclosure. However, where delinquencies persist, the Subgrantee shall institute appropriate foreclosure procedures. The Subgrantee shall maintain and protect properties on which it has foreclosed, and in consultation with the Grantee, shall arrange for resale, assumption of loan, or other disposition of the property. B. Gainsboro Conservation/Redevelopment Plan: The Subgrantee shall implement the Gainsboro Conservation/Redevelopment Plan (Amendment No. 2), coordinating its activities with the Gainsboro Project Area Committee (PAC) and the Gainsboro Neighborhood Development Corporation (GNDC). Specifically, the Subgrantee shall implement the three programs noted below, with the amount to be paid the Subgrantee for each such program being as follows: 1) Gainsboro Grant Program 2) Gainsboro Revolving Loan Program 3) Gainsboro Rental Rehab $328,837 $ 12,267 $ 15,000 The subgrantee shall continue to administer the Gainsboro Grant Program and the Gainsboro Revolving Loan Program in accordance with written guidelines previously provided by the Grantee as shown in Attachment B. Miscellaneous property management costs shall be provided for in an amount not to exceed $624 for legal fees associated with existing RRHA property in the Gainsboro Redevelopment project. The Subgrantee may also contract with PAC and GNDC to provide services in addition to the duties to be performed by the Subgrantee under the -5- Conservation/Redevelopment Plan, provided that any such contract for addi- tional services funded by the Grantee shall be approved in writing by the City Manager before execution by the Subgrantee. C. Communitx Interaction: The Subgrantee shall assist the Grantee in the performance of certain basic community-oriented tasks which include, but are not limited to, the following: 1. Planning, organization and implementation of neighborhood meetings. 2. Development and distribution of materials necessary to inform the public regarding neighborhood revitalization activities performed by the Subgrantee pursuant to this contact. 3. Planning, organization and implementation of the CDBG public workshops and/or hearings incidental to the Grantee's annual application process. The Subgrantee shall provide information monthly to the Grantee con- cerning the status and activity of the various housing programs, which the Grantee then may distribute to community organizations or represen- tatives, as the Grantee sees appropriate. O. Commercial/Industrial Development: Commercial Rehabilitation - The Subgrantee shall continue to administer the downtown commercial rehabilitation loan program. The Subgrantee shall encourage the use of the Roanoke City Tax Abatement Program for commercial, industrial and residential rehabilitation in areas eligible under the City Code. -6- e Deanwood Redevelopment - The Subgrantee shall implement the Deanwood Redevelopment Plan (1975), as amended by Amendment No. 2, by Resolution No. 27751, adopted by City Council on August 16, 1985, to include addi- tional property within the redevelopment area. Within this expanded area, the Subgrantee shall appraisals and title work, site development. Funds additional activities in perform, during the term of this Agreement, acquisition, relocation and demolition, and are available to the Subgrantee for these the amount of $737,509 for the Deanwood Expansion area and $39~248 for the Williamson Road Gateway area. All work shall proceed with the assistance of the Grantee's City Engineer and Chief of Economic Development who shall approve all Requests for Proposals, contracts regarding site design and develop- ment, final plans and change orders for this project within ten working days, except for issues requiring action by City Council. All expenses related to Deanwood property acquisition, disposition, site clearance/ improvements, maintenance, engineering and plan development shall be charged directly to the Deanwood account and not to the Subgrantee's general program administration. Coca-Cola UDAG Project - The Subgrantee shall continue arrangements to pass-through UDAG funding for the Coca-Cola project and shall complete the Phase III site work for the Coca-Cola Bottling plant, as detailed in a separate contract dated January 31, 1984, between the Grantee, the Subgrantee and the Wometco Coca-Cola Bottling Company of Roanoke, Inc., (now the Coca-Cola Bottling Company of Roanoke, Inc.) as amended. Commissioner's costs related to condemnation for Coca-Cola site acquisition shall not exceed $3,100 without prior approval of the Grantee. -7- Henry Street Redevelopment - The Subgrantee shall implement the Gainsboro Conservation/Redevelopment Plan (Amendment No. 2), in the "Henry Street" area of the Gainsboro Project area in accordance with such Plan, and in accordance with any amendment or supplement to the Plan relating to the "Henry Street" area after its adoption by Grantee's City Council and the Subgrantee's Board of Commissioners. Funds available to the Subgrantee for these activities shall not exceed $837~095. All expenditures shall be approved in advance by the Grantee. Downtown East Parking Lots - The Subgrantee shall continue to arrange for and oversee the operation of four (4) parking lots in the Downtown East area. The Subgrantee shall participate actively with the Grantee to expedite the sale of these properties and shall provide any infor- mation required by the Grantee or HUD relative to the close-out of the Urban Renewal program. e Redevelopment Plans - Preparation and Amendment - The Subgrantee shall produce and amend as needed Redevelopment Plans for areas within the City. Property Marketing promote and sell including but not and Disposition - The Subgrantee shall continue to parcels available in all Redevelopment Areas, limited to the Kimball, Downtown East, Deanwood and Gainsboro areas. All contacts with potential developers shall be coor- dinated between the Grantee's Chief of Economic Development and the Subgrantee's Director of Land Planning. Each of these parties or his representative shall be afforded the opportunity to be present at any showing of any available site by either the Grantee or the Subgrantee. -8- Negotiations incidental to land sales will also be coordinated between the aforementioned parties. Expenditures for Urban Renewal disposition costs shall not exceed }2,545.00. Expenses related to land disposition shall be charged directly to the affected program account and not charged to the Subgrantee's general program administration. Shaffer's Crossin9 Redevelopment - The Subgrantee shall implement Phase I of the Shaffer's Crossing Redevelopment Plan (1985), within the financial limits of the funds appropriated by City Council. All work shall proceed with the assistance of the Grantee's City Engineer and Chief of Economic Development, who shall approve all Requests for Proposals, contracts regarding site design and develop- ment, final plans and change orders for this project within ten (10) working days, except for issues requiring action by City Council. All expenses relating to property acquisition, disposition, site clearance/ improvements, maintenance, engineering and plan development shall be charged directly to the Shaffer's Crossing project account and not to the Subgrantee's general program administration account. Activities to be completed during the term of this Agreement include appraisal and title work, and relocation, as funds permit. Funds are available to the Subgrantee for these activities in the amount of $226~100. E. Property Maintenance: The Subgrantee shall be responsible for the upkeep and maintenance of all properties acquired by the Subgrantee as a result of CDBG activities. The cost of these activities shall be charged directly to the applicable -9- program account and not to the Subgrantee's general program administration. All equipment purchases, as part of this activity, must receive prior approval of the Grantee. Program Coordination: Appropriate staff of the Subgrantee shall meet and consult regularly and as needed as determined by either party, with appropriate staff of the Grantee. Such staff of the Grantee may include, but not be limited to, the City Manager, Assistant City Manager, Director of Public Works, Building Commissioner, Housing Development Coordinator, Chief of Economic Development and Grants, and Grants Monitoring Administrator. The intent of such meetings and consultations shall be to facilitate the efficient and effective implementation of program services listed above, and consider the need for and planning of other activities of the Grantee, Subgrantee, or both, consistent with the general purpose of community development and neighborhood revitalization. PART II - COMPENSATION AND METHOD OF PAYMENT: A. Program Funds: The following funds shall be made available to the Subgrantee for program activities.. Program Category General Administration Program Expense Economic Development Coca-Cola - Commissioner's Costs $ 3,100 Deanwood Expansion 737,509 Williamson Road Gateway 39,248 Henry Street 837,095 Shaffer's Crossing 226,100 Marketing and Disposition 2,545 Property Management 624 Program Support (Salaries, Other Direct Costs) General Administration (Including Indirect Costs) $72,768 $ 95,080 -10- Program Categorx Program Expense Housing Private Rehab Loan Program 86,ggl Critical Home Repair Program 214,668 Rental Rehabilitation Program 1,252 Private Loan Subsidy 96,308 Gainsboro Grant Program 328,837 Gainsboro Revolv. Loan Prog. 12,267 Gainsboro Rental Rehab 15~000 Program Support (Salaries, Other Direct Costs) $187,852 General Administration (Including Indirect Costs) Totals $2,601,544 $282,g32 $72,768 GRAND TOTAL $2,957,244 B. Program Income: Program income from any and all sources shall be submitted to the City within five (5) days of its receipt by the RRHA. C. Limits of Funding Sources: Payments to the Subgrantee may be made from the 1986-87 CDBG project and general administration accounts up to the amount designated by Roanoke City Council; however, the total payments, from all sources, to the Subgrantee for program support and general administration of the identified program activities shall not exceed }355,700 for the 1986-87 program year. D. Disbursement Procedures: The Subgrantee shall file the necessary papers with the Director of Finance ten (10) working days prior needed. Cash advances shall advances will not be allowed. to the date that actual disbursements are be reasonably estimated, therefore, excess Cash advances will be recorded as Accounts -11- Receivable due from the Subgrantee. The Subgrantee shall submit, by the fifth working day of each month, a monthly report to the Director of Finance, indicating the actual expenditures incurred against all cash advances not previously reported to the Director of Finance. Expenditures reported will be deducted from the Accounts Receivable balance due from the Subgrantee. The Subgrantee also shall submit time sheets, by the tenth working day of each month, to the Grants Monitoring Administrator, which indicate Subgrantee's staff time committed to each project. No additional cash advances shall be made to the Subgrantee until these reports are sub- mitted. Monthly financial status reports issued by the Director of Finance shall be reviewed by the Subgrantee and any discrepancies reported in writing within ten (10) working days of receipt of said report. E. Annual Audit and Monitoring: The Subgrantee shall provide for an independent audit of all CDBG expen- ditures in accordance with Circular A-128 for the contract period covered by this Agreement as set forth in Part IV, Section A. Two copies of said audit report shall be furnished to the Grantee within 30 days after comple- tion of the audit. In addition, it is the intention of the Grantee to per- form quarterly monitoring visits to verify the Subgrantee's performance from a financial and compliance auditing perspective during the contract period covered by this Agreement. PART III - GRANTEE RESPONSIBILITIES: A. General Guidance: The Grantee shall provide general guidance and direction to the Subgrantee concerning the intent and operation of programs developed by the Grantee to be administered by the Subgrantee under this Agreement. -12- Reports prepared by the Grantee's staff for presentation to City Council relating to matters covered by this Subgrantee for review and comment as the Council meeting. Agreement shall be provided to the early as possible before the day of B. Existing Data: The Grantee shall make available existing reports, maps, records or other existing data that may assist the Subgrantee's performance of services covered under this Agreement. C. Project Planninq: Within a Redevelopment Area, public improvements, such as streets, curb and gutter, public utilities, etc., unless otherwise approved by the Grantee, shall be the responsibility of the Grantee. Copies of the project plans may be obtained by the Subgrantee upon request to the Grantee's City Engineer. D. Non-Personnel Costs - Program Development: Expenses relating to the development of a new program or the continuation of an existing program not contained in Part I of this Agreement may be furnished by the Grantee. Said expenses shall not be incurred by the Subgrantee without written approval of the Grantee. PART IV - PERFORMANCE AND RECORDKEEPING: A. Time Period: The Subgrantee shall commence the provision of the services described in Part I of this Agreement as of .~ulx 1~ 1986, and continue through June 30~ -13- 1987. Reporting requirements and annual audit shall cover the full program year period from July 1, 1986, through June 30, 1987. B. Reporting Requirements: The Subgrantee shall report monthly, by the tenth (lOth) working day of each month, the progress of each activity covered by this Agreement, using a reporting format acceptable to the Administrator. Such monthly reports shall the following: Grantee's Grants Monitoring include, but not be limited to, Activity report for each conservation area and rehabilitation district, identifying units completed, dollars spent, applications on file and applications being reviewed for each program. 2. The general property maintenance activities undertaken, by project area. 3. List of gross program income receipts from all sources and itemized disposition expenses on a quarterly basis. e List of loans delinquent and foreclosed, identifying property by street address, total repayments made, outstanding loan balance and amount of grant, if any. 5. Staff time expended on each program, as specified in Part IID above. PART V - THIRD PARTY CONTRACTS AND BIDS: The Grantee shall not be obligated or liable hereunder to any party other than the Subgrantee; however, unless otherwise directed by the City Manager, all bid documents, contracts, contract amendments and change orders between the Subgrantee and a third party which relate to construction or consultant -14- services to be performed by the Subgrantee hereunder, must receive written authorization from the Grantee prior to execution. The Grantee shall complete its review of documents furnished by the Subgrantee within ten (10) working days of their receipt. PART VI - PERSONNEL: The Subgrantee represents that it has, or will secure (limited to the funds pro- vided under this Agreement) all personnel required in performing the services under this Agreement. Such employees shall not be employees of or have any contractual relationship with the Grantee. All of the services required hereunder will be performed by the Subgrantee or under its supervision, and all personnel engaged in the work shall be fully qualified to perform such services. Should any position(s) funded in whole with CDBG funds become vacant, the Subgrantee must provide the Grantee with written notification prior to adver- tisement for new applicants and/or filling said vacant position(s). PART VII - COMPLIANCE WITH FEDERAL REGULATIONS: The Subgrantee agrees to abide by the HUD conditions for CDBG programs as set forth in Attachment C, and all other applicable federal regulations relating to specific programs performed hereunder, as if the Subgrantee were the Grantee or recipient referenced within such ditions are clearly inappropriate under this Agreement. conditions or regulations, unless such con- to the performance of particular obligations The Subgrantee shall submit all plans and specifications for projects located in the Southwest Historic District in which there are any federal funds involved, to the Grantee's Architect for review and approval as to impact on the historic character of the District. -15- PART VIII - CONFLICT OF INTEREST: No employee, agent, consultant, officer or appointed official of the Subgrantee, who is in a position to participate in a decision-making process or gain inside information with regard to any CDBG activities, may obtain a personal or financial interest in or benefit from any of the activities, or have an interest in any contract, subcontract or agreement with respect thereto, or in the pro- ceeds thereunder, either for themselves, their family or business associates, during their tenure or for one (1) year thereafter. PART IX - INDEMNITY PROVISION: The Subgrantee agrees to indemnify and hold harmless the Grantee, its officers, agents and employees, from any and all claims, legal actions and judgments advanced against the Grantee and for expenses the Grantee may incur in this regard, arising out of the Subgrantee's intentional acts and negligent acts or omissions with respect to the rights or privileges granted by the Grantee to the Subgrantee in this Agreement; provided, however, that this provision shall not apply to any of those activities undertaken by the Subgrantee pursuant to the terms and conditions of the contract entered into on January 31, 1984, among the Grantee, Subgrantee and Wometco Coca-Cola Bottling Company of Roanoke, Inc., (now the Coca-Cola Bottling Company of Roanoke, Inc.) pertaining to the expan- sion of Coca-Cola's facility within the Gainsboro Conservation/Redevelopment Area. PART X - AMENDMENTS: Either party to this Agreement may, from time to time, require changes ~n the scope of services to be performed hereunder. Such changes which are mutually agreed upon by and between the parties to this Agreement shall be incorporated into written amendment to this Agreement. -16- PART XI - TERMINATION OF AGREEMENT FOR CAUSF: If either party to this Agreement should fail to fulfill in a timely and proper manner its obligations under this Agreement, either party shall thereupon have the right to terminate this agreement by giving thirty {30) days written notice of such termination to the affected party and specifying the effective date thereof. PA. RT XII - GOVERNING LAW: This Agreement shall be governed by laws of the Commonwealth of Virginia. IN WITNESS WHEREOF, the Grantee and Subgrantee have executed this Agreement as of the date first written above. Attest: City of Roanoke, Virginia (Grantee) City Clerk City Manager Witness: City of Roanoke Redevelopment and Housing Authority (Subgrantee) Executive Director -17- ATTACHMENTS TO AGREEMENT BETWEEN ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY AND CITY OF ROANOKE effective date July 1, 1986 ATTACH~ENT A - Private Rehabilitation Loan Subsidy program guidelines ATTACHMENT B - Gainsboro Housing Strategy program guidelines ATTACHMENT C - Federal Regulations PRIVATE LOAN SUBSIDY PROGRAM September, 1985 ATTACflMENT A The Private Loan Subsidy Program is intended to operate in con- junction with the Private Rehabilitation Loan Program, which makes mortgage loans for rehabilitation or purchase/rehabilitation of owner- occupied homes. The purpose of the Subsidy Program is to make this Loan Program more affordable to low-moderate income families. The combination of the two Programs will constitute a one-fourth grant/three-fourths loan package. As such, the grant provided by the Subsidy Program will. have the effect of reducing the principal of the loan, and the monthly payments made by the borrower, by 25%. Example: $20~000 rehabilitation job 1. Without the Subsidy: 2. With the Subsidy: $20,000 @ $9.66/$1,000 = $193.20/month $20,000 X 25% = $5,000 Subsidy 5;000 Subsidy $15,000 loan @ $9.66/$1,000 - $144.90/month Even though the Subsidy Program is structured to reduce the prin- cipal, the monthly payments will be approximately equal to those if the entire $20,000 had been loaned at 6 1/S% interest. Eli~ibilit~ The Private Loan Subsidy Program is limited 1. Applicants approved for the Private Rehabilitation Loan Program, including those approved for the Loan Program only on condition of receiving the Subsidy; 2. Applicants with incomes not exceeding 80% of the area median family income, as established by HUD. Procedures When an application is received for the Private Rehabilitation Loan Program, the Redevelopment and Housing Authority will review it to determine whether the income requirements for the Subsidy Program are met. If so, the loan application will be processed based on receipt of the 25% subsidy grant. Upon approval of the loan, the subsidy grant will be encumbered. When the loan is closed and the loan funds for rehabilitation are placed in the borrower's escrow account, the subsidy grant will also be drawn from the City and placed in the escrow account. Construction rehabilitation draws made from the escrow account will be considered taken proportionately from the loan funds and the subsidy grant funds. In this way, only one draw will be made from Subsidy Program funds for each applicant. Page 2 Example: $16,000 purchase (after down payment) 14,000 rehabilitation $30,000 Purchase: $12,000 disbursed as loan @ 10% at closing + 4,000 disbursed as Subsidy grant at closing $16,ooo Rehabilitation Escrow Account established Rehabilitation: $10,500 drawn as loan at closing + 3~500 drawn as Subsidy grant at closing $14,000 deposited in borrower's escrow fund for rehabilitation First draw of $8,000 $ 6,000 considered drawn from loan funds + 2~000 considered drawn from Subsidy grant funds $ 8,000 disbursed from escrow account Second (final) draw of $6,000 $ 4,500 considered drawn from loan funds + i~500 considered drawn from Subsidy grant funds $6,000 disbursed from escrow account ATTACHMENT B GAINSBORO NEIGHBORHOOD/ACTION PROJECT HOUSING REHABILITATION STRATEGY HOMEOWNERS PROGRAM I. Relevant Neighborhood Characteristics and Needs Assessment: A Number of single family units in need of rehabilitation - estimated at 180. B. 44.6% Homeowner, 55.6% Rental. C. Estimated cost of rehabilitation per dwelling - $13,500.00 II. Subsid~ Programs: A. Gainsboro Grant Program: Grant of up to $15,000 for qualified improvements. No repayment is required. Those improvements are eligible which are cited as substan- dard in housing inspector's report. Limited to: 1. Badly needed repairs. e Repair or replacement of substandard major systems, i.e., plumbing, heating, electrical, flooring, roofing and general structural systems. 3. Exterior painting or siding. 4. Interior painting for elimination of lead-based paint only. Gainsboro Revolving Loan: Low-interest loan for repairs not eligible for the Gainsboro Grant or for grant-eligible repairs in excess of $15,000 maximum grant. Interest rate will depend on income as specified in Section 3 Applicant Eligibility. Loan shall not exceed 30% of annual income. Term of loan will be 5-10 years. Term of loan will be determined by applicant's ability to make monthly payments. C. Private Rehabilitation Loan Program: Proceeds from tax-exempt mortgage revenue bonds issued by Redevelop- ment and Housing Authority, loaned at 10% over 20-year term. Existing guidelines will be followed. III. Applicant Eligibility: Very Low Income (Below 50% of Area Median Income as established by HUD, per attachment la). 1. Gainsboro Grant, up to $15,000. 2. Gainsboro Revolving Loan @ 0% interest. Be Low Income (50% - 80% of Area Median Income per attachment la). 1. Gainsboro Grant, up to $15,000 2. Gainsboro Revolving Loan @ 3% interest. Moderate Income (80% - 100% of Area Median Income per attachment la). 1. Gainsboro Revolving Loan @ 6 3/4 % interest. 2. Private Rehabilitation Loan with interest rate reduced to 6 3/4%. D. Middle Income (Above 100% of Area Median Income per attachment la). 1. Private Rehabilitation Loan @ 10% interest. IV. Additional Eligibilit~ Criteria: Applicant's propert~ must be located in the geographical boundaries of the Gainsboro Neighborhood. These boundaries are described in the Gainsboro Neighborhood Revitalization Plan and the City of Roanoke Redevelopment and Housing Authority's Conservation/Redevelopment Plan for Gainsboro Neighborhood Development Program. Famil~ size~ housing cost~ rental income~ assets and indebtedness may be considered as extenuating circumstances. Applicants must intend to remain in rehabilitated unit in accordance with intent to occupy chart. Intent to occup~ required for Grant and Revolving Loan. Amount of Grant and/or Loan 0-$ 5,000 $ 5,000-$10,000 $10,000-$15,000 $15,000 and Above Required Minimum Time to Occupy 2 Years 3 Years 4 Years 5 Years Each year will count toward a percentage decrease in principal of grant. -2- De Applicant must sign agreement of Homeowner's Improvement Responsibility. If the current property owner or heirs sells the property~ the amount of the ~rant shall be refunded to program through lien. Grant will be forgiven using schedule outlined by required minimum time to occupy. Total of existing mortgage, grant and rehab loan may not exceed 120% of after-rehab value of property as determined by appraisal. V. Operatin~ Procedures: A. Advertising/Publicity - GPAC/GNDC: Gainsboro residents will be informed of the Programs' purposes, eligi- bility requirements and the rehabilitation process generally, through GPAC/GNDC Newsletters, direct letters, direct contacts and local media. B. Client Intake - Implementor - RRHA: Clients will be interviewed and counseled. Necessary supporting documents will be received for eligibility determination. These documents will be held in strict confidence and returned to appli- cants. Income documents examined may include social security check stubs, welfare check or eligibility statement, unemployment verification, pay stubs or tax forms. e During the interview, client will receive an explanation of pur- pose, eligibility, available financial assistance and rehabilita- tion process (including eligible improvements and possible temporary relocation). Additionally, clients will receive a brochure outlining the rehab program and listing necessary sup- porting documents and information on lead-based paint. 3. Applicants will be encouraged to apply for weatherization by Total Action Against Poverty and other available programs. C. Eligibility Determination and Housin9 Inspection - RRHA: 1. RRHA will verify client's eligibility, including income and homeownership, based on approved Program guidelines. 2. All personal data will be considered confidential and will be held in strict confidence by the RRHA, unless released by the client. 3. RRHA will conduct an inspection and cost estimate of the repairs needed and requested. e Determination of eligibility, based on clients' characteristics and condition of the house, will be made by implementor within 20 working days of initial intake interview, or as soon thereafter as possible. -3- e RRHA will issue letter of eligibility determination and related agreements to client. This shall include scheduling and closing on loan agreements. D. Rehabilitation Implementation - RRHA: The services of RRHA will be secured by City to perform bidding, secure contractors, manage payment schedules and final inspection. RRHA will perform services in compliance with all federal, state and city regulations. 2. RRHA will be forwarded all information necessary to arrange and supervise rehabilitation work. E. Grievance Procedure: RRHA will explain full grievance procedure to client wishing to make grievances. Grievances regarding eligibility determination and rehab work are to be initially filed with RRHA. RRHA will make an effort to resolve grievance. Client will have right to appeal grievance to a grievance committee composed of a City representative, GPAC/GNDC and RRHA. Appeals should be requested in writing. F. Evaluation and Review: Gainsboro Implementation Team's Housing Task Force composed of repre- sentatives of City, PAC/GNDC and RRHA will conduct annual evaluation of program performance, including short falls and accomplishments in order to assess progress and make recommendations for changes in program design and implementation. G. Revisions: Any revisions in this strategy necessary for the efficient administra- tion and effective operation will be made by mutual agreement between RRHA and City of Roanoke and in consultation with Gainsboro PAC/GNDC. -4- O0 88 88 ~8 ~8 O0 88 ATTACHMENT la to Gainsboro Housing Strategy ~§ 88 88 ~8 ~8~°° 88 ~8 8©= ~oo =~oo 88 ~8 oo oo oo ~§ oo oo 88 oo oo oo 8° ~ o8 8~ gQ oo ~8 oo 88 8~~°° g8 8g 88 z~ ~ oo oo oo 88 88 8° oo oo 88 88 88 88~oo ~oo ~ g8 s8 ~8 g8 88 88 ~§ s8 8~o 8~~°° ~8 ~8 ~°° 88 g8 Z 0 8~© §{~ oo ATTACHMENT C U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT GRANT AGREEMENT COMMUNITY OEVELOPMENT BLOCK GRANT PROGRAM Upon execution of the Acceptance Provisions of this Grant Agreement, the Department of Housing and Urban Development (HUD) agrees to provide to the Grantee the Federal assistance under Title I of the Housing and Community Development Act of 1974 (P.L. 93-383) authorized by the Funding Approval iden- tified therein, subject to the terms and conditions of this Grant Agreement, applicable law, regulations and all other requirements of HUD now or hereafter in effect. The Grant Agreement is effective with respect to such assistance as of the date the acceptance is executed and consists of each Funding Approval and acceptance hereto attached, together with the HUD-approved Application specified therein, including any Assurances, certifications, maps, schedules or other sub- missions made with respect thereto, the HUD Community Development Block Grant Regulations at 24 CFR Part 570 and the following General Terms and Conditions: Definitions: Except to the extent modified or supplemented by the Grant Agreement, any term defined in Title I of the Housing and Community Development Act of 1974 or the HUD Community Development Block Grant Regulations at 24 CFR Part 570 shall have the same meaning when used herein. A. Agreement means this Grant Agreement as described above and any amend- ments or supplements thereto. B. Applicant means the entity designated as such in the Funding Approval. Ce Grantee means each entity designated as a recipient for grant or loan guarantee assistance in the Funding Approval and signing the acceptance provisions as Grantee under the Agreement. Assurances, when capitalized, mean the certifications and assurances submitted with grant applications pursuant to the requirements of 24 CFR Part 570. E. Assistance provided under this Agreement means the grants and any loans secured by loan guarantees provided under this Agreement. Program means the Community Development program, project or other activ- ities, including the administration thereof, with respect to which assistance is being provided under this Agreement. "Section 3" Compliance in the Provision of Training, Employment and Business Opportunities: This Agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968 (12 USC 1701u), as amended, the HUD regul, ations issued pursuant thereto at 24 CFR Part 135, and any applicable rules and orders of HUD issued thereunder prior to the HUD authorization of the Funding Approval. The Grantee shall cause or require to be inserted in full in all contracts and subcontracts for work financed in whole or in part with assistance pro- vided under this Agreement, the Section 3 clause set forth in 24 CFR 135.20 (b). The Grantee shall provide such copies of 24 CFR Part 135 as may be necessary for the information of parties to contracts required to contain the Section 3 clause. 3. Equal Employment Opportun!ty: Activities and contracts not subject to Executive Order 11246~ as amended: In carrying out the Program, the Grantee shall not discrimin- ate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Grantee shall take affirm- ative action to insure that applicants for employment are employed, and that employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Grantee shall post in conspicuous places available to employees and applicants for employment, notices to be provided by the Government setting forth the provisions of this nondiscrimination clause. The Grantee shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The Grantee shall incorporate the foregoing requirements of this paragraph 4A in all of its contracts for Program Work, except contracts governed by paragraph B of this section, and will require all of its contractors for such work to incorporate such requirements in all subcontracts for Program work. Contracts subject to Executive Order 112¢6, as amended: Such contracts shall be subject to HUD Equal Employment Opportunity regulations at 24 CFR Part 130 applicable to HUD-assisted construction contracts. The Grantee shall cause or require to be inserted in full in any non-exempt contract and subcontract for construction work, or modifica- tion thereof as defined in said regulations, which is paid for in whole or in part with assistance provided under this Agreement, the following equal opportunity clause: "During the performance of this contract, the contractor agrees as follows: The contractor will not discriminate against any employee or appli- cant for employment because of race, color, religion, sex or national origin. The contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall incluUe, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and section for training, including apprenticeship. The contractor agrees to post in conspic- uous places available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color,'religion, sex or national origin. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the Contract Compliance Officer advising the said labor union or workers' repre- -2- sentatives of the contractor's commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The contractor will comply with all provisions of Executive Order 11246 of September 24, lg65, and of the rules, regulations and rele- vant orders of the Secretary of Labor. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regu- lations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the Department and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. In the event of the contractor's noncompliance with the non- discrimination clauses of this contract or with any of such rules, regulations or orders, this contract may be canceled, terminated or suspended in whole or in part, and the contractor may be declared ineligible for further Government contracts or Federally-assisted construction contract procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by law. The contractor will include the portion of the sentence immediately preceding paragraph {1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the Department may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event a contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of such direction by the Department, the contractor may request the United States to enter into such litigation to protect the interest of the United States." The Grantee further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in Federally-assisted construction work; provided, that if the Grantee so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumen- tality or subdivision of such government which does not participate in work on or under the contract.. The Grantee agrees that it will assist and cooperate actively with the Department and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations and relevant orders of the Secretary of Labor; that it will furnish the Department and the Secretary of Labor such compliance; and that it will otherwise assis: the Department in the discharge of its primary responsibility for securing compliance. The Grantee further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, lg65, with a contractor debarred from, or who has not -3- demonstrated eligibility for, Government contracts and Federally- assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal oppor- tunity clause as may be imposed upon contractors and subcontractors by the Department or the Secretary of Labor pursuant to Part II, Subpart D, of the Executive Order. In addition, the Grantee agrees that if it fails or refuses to comply with these undertakings, the Department may take any or all of the following actions: cancel, terminate or suspend in whole or in part the grant or loan guarantee; refrain from extending any further assistance to the Grantee under the Program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from such Grantee; and refer the cause to the Department of Justice for appropriate legal proceedings. Federal Labor Standards Provisions: Except with respect to the rehabilita- tion of residential property designed for residential use for fewer than eight families, the Grantee and all contractors engaged under contracts in excess of Two Thousand Dollars ($2,000.00) for the construction, prosecu- tion, completion or repair of any building or work financed in whole or in part with assistance provided under this Agreement shall comply with HUD requirements pertaining to such contracts and the applicable requirements of the regulations of the Department of Labor under 29 CFR Parts 3 and 5, governing the payment of wages and the ratio of apprentices and trainees to journeymen; provided that if wage rates higher than those required under such regulations are imposed by State or local law, nothing hereunder is intended to relieve the Grantee of its obligation, if any, to require payment of the higher rates. The Grantee shall cause or require to be inserted in full in any such contracts subject to such regulations, provi- sions meeting the requirements of 29 CFR 5.5. No award of the contracts covered under this section of the Agreement shall be made to any contractor who is at the time ineligible under the provisions of any applicable regulations of the Department of Labor to receive an award of such contract. Nondiscrimination Under Title VI of the Civil Rights Act of 1964: This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and HUD regulations with respect thereto, including the regulations under 24 CFR Part 1. In the sale, lease or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, the Grantee shall cause of require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discr.imination upon the basis of race, color, religion, sex or national ori- gin, in the sale, lease or rental, or in the use of occupancy of such land or any improvements erected or to be erected thereon, and providing that the Grantee and the United States are beneficiaries of and entitled to enforce such covenant. The Grantee, in undertaking its obligation in carrying out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant and will not itself so discriminate. Obligations of Grantee with Respect to Certain Third-partx ~lationships: The Grantee shall remain fully obligated under the provls~ons of the Agreement, notwithstanding its designation of any third party or parties for the undertaking of all or any part of the program with respect to which assistance is being provided under this Agreement to the Grantee. Any Grantee which is not the Applicant shall comply with all lawful requirements of the Applicant necessary to insure that the program, with respect to which assistance is being provided under this Agreement to the Grantee, is -4- Roanoke, Virginia July 14, 1986 Honorable Mayor and City Council Roanoke, Virginia Dear Mayor and Members of City Council: Please reserve space on Monday's Agenda for a report concerning the Contract for Services with the Roanoke Redevelopment and Housing Authority. Respectfully submitted, 14. Robert Herbert City Manager WRH/MTP/ga RESOLUTION NO. 3 Item No. Date Approved RESOLUTION AUTHORIZING THE EXECUTION FOR AND ON BEHALF OF THE AUTHORITY A CERTAIN WRITTEN AGREEMENT BEING AN AGREEMENT FOR SERVICES UNDER THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BETWEEN THE AUTHORITY AND THE CITY OF ROANOKE. WHEREAS, the City of Roanoke, having received assurance of federal Community Development Block Grant funding under the Community Development Act of 1974, desires to contract for the services of the City of Roanoke Redevelopment and Housing Authority in order to carry out certain program activities under the City's Community Development Program for the Twelfth Program year; and the City Manager has recommended to the Council that the Authority provide these services, the scope of which and the terms and provisions upon which the same would be provided, that are set out and contained in a form of written agreement, drawn-as Agreement under Community Development Program, dated the 14th day of July, 1986, but to be retroactive to and to include program activities carried out since July 1, 1986, and to include approved costs incurred through June 30, 1987, a copy of which said form of Agreement is on file in the office of the Executive Director. NOW, THEREFORE, BE IT RESOLVED by the Commissioners of the City of Roanoke Redevelopment and Housing Authority that the Executive Director be and is hereby authorized to execute for and on behalf of the City of Roanoke Redevelopment and Housing Authority that certain written Agreement drawn on the date of July 14, 1986, as an Agreement between the City of Roanoke Redevelopment and Housing Authority and the City of Roanoke and providing for the services to be rendered by said Authority to the City for the aforesaid Grant, the scope of which services are set out in said written Agreement and providing, further, for the material and support services to be furnished by the City, the time of perfor- mance of said Agreement, for compensation to the Authority and method of its payment, general terms and conditions of the Agree- ment, and the manner by which it may be amended and for the law by which said Agreement shall be governed, provided the form of said Agreement, otherwise, be approved by the Authority's Attorney. July 14, 1986 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: SUBJECT: Land Option - Roanoke Centre for Industry and Technology Background: ~he City of Roanok~ is being asked to grant an option to purchase 28.1 acres of land (see attached map) to Nicholas F. Taubman. The proposed project entails construction of a 150,000 square feet distribution center for Advance Auto costing $5,000,000, and involves the creation of approximately 100 initial new jobs at the site and 80 additional new Jobs city-wide. -- .Option would be for $1,000 and would expire on March 31, 1987. Purchase price for the parcel would be $7,500 per acre, or $210,750 total. Ce Conditions of Sale include: award of an Urban Development Action Grant (UDAG) to Nicholas F. Taubman, for 5% of the cost of the project; a commitment for industrial revenue bond financing in the amount of $5,000,000; the extension of utilities and roadway to the site; and, the grading and improvements necessary for construction of the first phase (150,000 square feet) of the project. (See attached Draft Option Agreement.) II. Issues: A. ~iming. B. Economic Development Prosram. III. Alternatives: Authorize the City Manaser to execute an option with Nicholas F. Taubman, for purchase of 28.1 acres in the Roanoke Centre for Industry and Technology. City Council July 14, 1986 Page 2 IV. Timing is critical to meet Industrial Revenue Bond financing deadline (July 28, 1986) and ensure qualification for the state reserve. Land must also be under contract for the UDAG application process (deadline July 31, 1986). 2. Economic development goals of the City of Roanoke would be realized with the addition of over 180 new jobs within the firm city-wide, and the retention of over 200 offic~ and distribution emploTees currently employe,] locally. B. Do not authorize the City Manager to execute an option for land in the Roanoke Centre for Industry and Technology. 1. ~imin8 of project financing would be jeopardized, as applicant would not have control of the site, thus making it ineligible for either UDAG or IDB funding. 2. Economic Development effort in the city would be hurt with the loss of over 200 existing jobs. Recommendation: It is recommended that City Council adopt Alternate "A" which will authorize the City Manager to execute an option, attached in draft form, with Nicholas F. Taubman, for 28.1 acres of land in the Roanoke Centre for Industry and Technology. Respect fully submitted, W. Robert Herbert City Manager DE/WRH:kds cc: Assistant City Manager City Attorney Director of Finance Director of Public Works City Engineer Chief, Economic Development and Grants Roanoke Centre Site ~cROANOKE ENTRE / ~0~ It',~DUST~', -.'~D TECHNOLOGY ScaPe 1'-700' 4 EXHIBIT A July 18, 1986 File #223-237-67 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Iqr. Herbert: I am attaching copy of Ordinance No. 28249, authorizing you to enter into an agreement with Norfolk and Western Railway Company for retracking, repairing and relocating Steam Locomotive No. 1604, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 14, 1986. Sincerely, Mary F. Parker, CMC City Clerk MFP:se E~lco CC: Mr. Richard F. Dunlap, President, Norfolk and Western Railway Company, 8 N. Jefferson Street, ~oanoke, Virginia 24042 Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schtanger, Director of Finance Mr. George C. Snead, Jr., Director of Administration and Public Safety Mr. Jimmie B. Layman, Manager, Parks and Recreation/Grounds Maintenance Room 456 Muntcipoi Building 215 C~urch Avenue, S.W. Roanoke, ¥1rglnla 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of July, 1986. No. 28249. AN ORDINANCE authorizing the City Manager to enter into an agreement with Norfolk and Western Railway Company for retracking, repairing and relocating Steam Locomotive No. 1604; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or Assistant City Manager is hereby authorized to enter into an agreement with Norfolk and Western Railway Company for the provision by such Company of services in retracking, repairing and relocating Steam Locomotive No. 1604. 2. The agreement shall provide that the City will reimburse the Company for all costs expended in such work, that the City shall indemnify and hold harmless the Company from claims arising out of any further damage to or loss of the locomotive and shall be approved as to form by the City Attorney. e municipal ordinance In order to provide government, shall be in for the usual daily operation of the an emergency is deemed to exist, and this full force and effect upon its passage. ATTEST: City Clerk. Roanoke, Virginia July 14, 1986 Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Retracking, Repair, and Relocation of C&O Locomotive No. 1604 I. Background: March l, 1969, Steam Locomotive No. 1604 was loaned to the City of Roanoke by the Chesapeake and Ohio Railway Company for an in- definite period. Written agreement between the City of Roanoke and the C&O Rail- way Company required that the City maintain C&O Locomotive No. 1604 in the same condition as when the engine was received. November 4, 1985, flood damaged and derailed C&O Steam Locomotive No. 1604 on display at the Virginia Museum of Transportation lo- cated in Wasena Park. Damage Survey Report has been approved to provide federal funding to retrack and repair C&O Steam Locomotive No. 1604 to its pre- flood condition. E. City forces do not have the expertise or equipment to retrack and repair a 200-ton steam engine. II. Current Situation: April 28, 1986, City of Roanoke requested the Norfolk and Western Railway Company to retrack and repair C&O Locomotive No. 1604 with the commitment for reimbursement for its work. June 16, 1986, Norfolk and Western Railway Company agreed to assist the City in retracking, repairing, and relocating C&O Locomotive No. 1604. Norfolk and Western Railway Company requested the City agree and accept and sign the attached agreement as prepared by the Norfolk and Western Law Department. Section 3 on page 2 of the agreement is a broad indemnification of the Railway Com- pany placing liability on the City of Roanoke if the engine is further damaged in the process of retracking or repairing. Members of Council July 14, 1986 Page 2 Norfolk and Western Railway Company is sole source for provid- ing these services because of expertise and equipment required for retracking, repairing, and relocating Engine No. 1604 and because of that company's ownership of the rail on which Engine No. 1604 must travel. A portion of the work may be subcontracted by Norfolk and Western Railway. III. Issues: A. Need B. Funding C. Timing IV. Alternatives: City Council authorize the City Manager to sign the agreement with the Norfolk and Western Railway Company dated June 14, 1986, which would allow the railroad company to retrack, repair, and relocate C&O Steam Locomotive No. 1604 and provide for the reimbursement to the railway company for costs incurred which are currently esti- mated to be $62,500. 1. Need will be met by retracking, repairing and relocating C&O Steam Locomotive No. 1604. 2. Funds will be provided by federal sources on approved DSR. e Timing will be met because Engine No. 1604 will be retracked and relocated prior to being exposed to potential damage by deck rehabilitation construction on Wasena Bridge. B. City Council not authorize the City Manager to sign the agreement with the Norfolk and Western Railway Company. 1. Need would not be met. 2. Funds would be unnecessary. Timing will not be met in that Engine No. 1604 will be ex- posed to potential damage by the deck construction on Wasena Bridge rehabilitation and may also cause delays to the con- tractor employed to do the bridge construction work. Members of Council July 14, 1986 Page 3 Recommendation is that City Council adopt Alternative "A" and authorize the City Manager to sign the attached agreement letter with the Norfolk and Western Railway Company, which would allow the railroad company to retrack, repair, and relocate C&O Steam Locomotive No. 1604 and provide for the reimbursement to the railway company for costs incurred. WRH:GCS:gs Attachment pc: City Attorney Director of Finance Respectful ly submitted, W. Robert Herbert City Manager Director of Administration and Public Safety Manager, Parks/Recreation and Grounds Maintenance Norfolk and Western i::lailway Company RICHARD F DUNLAP July 10, 1986 City of Roanoke Room 364, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Attention: Mr. W. Robert Herbert City Manager Re: Gentlemen: Norfolk and Western Railway Company Retracking, Repair and Relocation of C&O Locomotive No. 1604 The City of Roanoke, Virginia (hereinafter "City") has requested that Norfolk and Western Railway Company (hereinafter "Railway"): (a) arrange for the retracking of the C&O steam locomotive No. 1604, Class H-8, Allegheny Type 2-6-6-6 (hereinafter referred to as "Locomotive") and its tender; (b) repair the dent on the right side of the Locomotive cab; (c) lubricate the axle bearings and running gear of the Locomotive and its tender; (d) switch the Locomotive and its tender in connection with the repair and lubrication work set forth in (b) and (c) above; and (e) relocate the Locomotive and its tender from their present location in or near Wasena Park, Roanoke, Virginia, to a new site for the Virginia Museum of Transportation, Inc. near the former Railway Freight Station in Roanoke, Virginia. Your letter of April 28, 1986 indicates that the City is willing to reimburse the Railway for all costs incurred by it in arranging for or providing the services described in (a), (b), (c), (d) and (e) above (hereinafter "NW Work"). The Railway will arrange for or perform the NW Work for a price equal to the cost thereof to it, provided the City, by execution of this letter agreement, accepts the following conditions: 1. The City will reimburse the Railway for the costs incurred by the Railway in arranging for or performing the NW Work. 2. The City authorizes the Railway and its contractor to enter upon City property in connection with the retracking of the Locomotive and its tender, and the City further authorizes and requests the Railway to switch the Locomotive and its tender for City of Roanoke -2- Page 2 the aforesaid repair and lubrication work and to relocate the Locomotive from its present location in or near Wasena Park, Roanoke, Virginia, to a new site for the Virginia Museum of Transportation, Inc. near the former Railway Freight Station in Roanoke, Virginia. 3. As a part of the consideration for the Railway's aforesaid agreement to arrange for or perform the NW Work for a price equal to the cost thereof to it, the City hereby agrees to indemnify and save harmless the Railway, its officers, agents and employees, from and against any and all liability, losses, damages, claims, actions, causes of action, costs and expenses which arise from or grow out of performance of the NW Work and which relate to damage to or loss of the Locomotive or its tender, whether or not such damage or loss shall have been caused by, arisen from or contributed to by the negligence of the Railway, or that of any of its officers, agents or employees. The Railway agrees to notify the City promptly if the costs of the NW Work are expected to exceed $62,500.00 If the City accepts these terms, please arrange for the adoption of an appropriate ordinance and for the City's execution and return of either the original or the attached copy of this letter. Sincerely, NORFOLK AND WESTERN RAILWAY COMPANY Agreed and accepted: CITY OF ROANOKE By City Manager Roanoke, Virginia July 18, 1986 File #178 Mr. H. Robert Herbert City Hanager Roanoke, Virginia Oear Mr. Herbert: I am attaching copy of Ordinance No. 28250, authorizing the exe- cution of an agreement among the City of Roanoke, the Gainsooro Project Area Committee, Inc., and the Gainsboro Neighbornood Development Corporation pertaining to the implementation of cer- tain Action Projects within the Uainsboro area during Fiscal Year 1986-87, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 14, 1986. Sincerely, Mary F. Parker, C~IC City Clerk ~qFP:se Eric. Room 456 Municipal Building 215 Church Avenue, S.W, Roanoke, Virginia 24011 (703) 981-254.1 Mr. W. Robert Herbert Page 2 July 18, 1986 CC.' Mr. Percy T. Keeling, Chairman, Gainsboro Project Area Committee, Inc., 416 Gainsboro Road, N. W., Roanoke, Virginia 24016 Mr. Michael Dowe, President, Gainsboro Neighborhood Development Corporation, 2912 Embassy Drive, N. W., Roanoke, Virginia 24019 Mr. George H. Robinson Heller, Administrator, Gainsboro Neighborhood Development Corporation, 604 Gainsboro Road, N. W., Roanoke, Virginia 24016 Mr. Herbert D. McBride, Executive Director, City of Roanoke Redevelopment and Housing Authority, P. O. Box 6359, Roanoke, Virginia 24017 Mr. Homer Martin, Finance Director, City of Roanoke Redevelopment and Housing Authority, P. O. Box 6359, Roanoke, Virginia 24017 Mr. Kit B. Kiser, Director of Utilities and Operations Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Ms. Marie T. Pontius, Grants Monitoring Administrator Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. William G. Jones, III, Gainsboro Project Manager IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of July, 1986. No. 28250. AN ORDINANCE authorizing the execution of an agreement among the City of Roanoke, the Gainsboro Project Area Cormnittee, Inc., and the Gainsboro Neighborhood Development Corporation pertaining to the im- plementation of certain Action Projects within the Gainsboro area dur- ing Fiscal Year 1986-1987; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager and the City Clerk are authorized and directed, respectively, to execute and to seal and attest an agreement among the City of Roanoke, the Gains- boro Project Area Cormnittee, Inc., and the Gainsboro Neighborhood Development Corporation pertaining to the implementation of certain Action Projects within the Gainsboro area during Fiscal Year 1986- 1987, such agreement to contain such terms and conditions as are set out and described in a report of the City Manager to Council dated July 14, 1986; such agreement to be in such form as may be approved 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 ordi- nance shall be in full force and effect upon its passage. ATTEST: City Clerk. Roanoke, Virginia July 14, 1986 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of City Council: Subject: Request for Authorization Regarding City Contract with Gainsboro Project Area Committee, Inc., (PAC) and Gainsboro Neighborhood Development Corporation (GNDC) for FY 1986-1987 I. Background: City Council, by Ordinance No. 25684 adopted July 27, 1981, recognized, approved and supported the Comprehensive Revitalization Plan for Gainsboro. Cit~ Manager entered into a contract dated September 3, 1981, with PAC whereby the Corporation agreed to implement the Plan. City Council has authorized annual contracts since 1981 with PAC and GNDC for the continued implementation of certain Action Projects. II. Current Situation: A. ~greement of July 1, 1985, expired June 30, 1986. B. Unfinished and continuing activities still remain to be carried out in ~he Gainsboro neighborhood. C. Final Statement of Communit~ Development Objectives and Projected Use of Funds for June, 1986 - May, 1987 includes Gainsboro activities. D. Terms of proposed FY 86-87 contract have been reviewed by Gainsboro PAC/GNDC, City staff and the City Attorney's Office. A copy is attached for Council's consideration. Honorable Mayor and City Council Page 2 E. Action Projects and specific contract amounts are listed below: 1. Action Projects i and 2 - Administration of PAC and GNDC 2. Action Project 4 - Gainsboro Prototype Infill House 3. Action Project 9 - Neighborhood Beautification Activities 4. Action Project 12 - Solicitation of Grants 5. Action Project 17 - Community Service Action Project 19 - Residential Districts Site Improvements and Housing Revitalization Program (Property Management, Maintenance and Marketing of PAC/GNDC-owned Properties) CONTRACT TOTAL: $ 60,501 49,893 10,603 3,579 20,000 5~000 $149,576 III. Recommendation: Recommendation is that City Council approve the attached ordinance authorizing the City Manager to execute an agreement among the City of Roanoke, the Gainsboro Project Area Committee and the Gainsboro Neighborhood Development Corporation providing for certain activities within the Gainsboro Redevelopment Area during Fiscal Year 1986-87. W. Robert Herbert City Manager WRH:WGJ:mds Attachments CC: City Attorney Director of Finance Director of Public Works Grants Monitoring Administrator Gainsboro PAC/GNDC AGREEMENT THIS AGREEMENT is made and entered into this 1st day of July 1986, by and between the CITY OF ROANOKE, VIRGINIA, a municipal corporation organized and existing under the laws of the Commonwealth of Virginia, hereinafter referred to as the Grantee, and GAINSBORO PROJECT AREA COMMITTEE, INC. (PAC), and the GAINSBORO NEIGHBORHOOD DEVELOPMENT CORPORATION (GNDC), nonstock corporations, created and existing under the laws of the Commonwealth of Virginia, hereinafter jointly referred to as the Subgrantees. W I TNESSE TH: WHEREAS, by Ordinance No. 25684, adopted July 27, 1981, the Roanoke City Council recognized, approved and supported the Comprehensive Revitalization Plan for Gainsboro (hereinafter referred to as the Plan), dated June 25, 1981, including the nineteen Action Projects set out therein; and WHEREAS, by Ordinance No. 26684, adopted September 12, 1983, City Council approved Amendment No. 2 to the Conservation and Redevelopment Plan for Gainsboro; and WHEREAS, by Ordinance No. 25685, adopted July 27, 1981, the Roanoke City Council authorized the City Manager to enter into a contract between the City and the Gainsboro Project Area Committee, Inc., whereby the corporation agreed to implement the Plan, including its nineteen Action Projects, utilizing Fiscal Year 1981-1982 Community Development Block Grant (CDBG) funds, and such contract was entered into on September 3, 1981 and subsequent contracts utilizing sub- sequent years' CDBG funding have been entered into annually for continued imple- mentation of Action Projects; and -1- WHEREAS, City Council has by Ordinance No. , adopted , authorized the City Manager to execute a new contract with the Gainsboro Project Area Committee, Inc., and the Gainsboro Neighborhood Development Corporation to permit Subgrantees to continue to implement certain of the Action Projects of the Plan and to plan and provide neighborhood coordination for certain other Action Projects of the Plan in compliance with CDBG regulations and utilizing funds appropriated by Council. THEREFORE, the parties hereto mutually agree as follows: 1. Continuation of Committees. The Subgrantees shall continue the implementation teams which were created pursuant to Action Project No. 1 of the Plan necessary for the purpose of assisting the Subgrantees in the implemen- tation of the Plan. These teams are currently identified as the Coordination Committee, Fundraising Committee and Housing Task Force. In addition, the Subgrantee acknowledges the authority of the Mayor of the City of Roanoke to establish and direct a special commission, subject to review and comment of Subgrantees, for the "Henry Street Revival" of First Street. Further the Mayor shall have the authority to implement the "Henry Street Revival" plan with review and comments of the Subgrantees. 2. Action Projects. As authorized by Roanoke City Council through duly adopted CDBG budgets, the Subgrantees shall continue the coordination, manage- ment, and implementation of the following Action Projects as set out in the Plan, subject to the terms and conditions of this Agreement: a. Action Projects i & 2 - Administration of PAC and GNDC. b. Action Project No. 4 - Gainsboro House Prototype Infill House. c. Action Project 9 - Beautification (Vacant Lot Clearance) d. Action Project No. 12 - Solicitation of Grants and Endowments -2- e. Action Project No. 17 - Implement and Improve Neighborhood Services and Social Program (Community Services) f. Action Project No. 19 - Residential Districts Site Improvements and Housing Revitalization Program (Property Management, Maintenance and Marketing of PAC/GNDC-owned Properties) 3. Plannin9 and Neighborhood Coordination. Subgrantees shall continue the planning and neighborhood coordination for the following Action Projects as set out in the Plan, subject to the terms and conditions of this Agreement, and in conjunction with any commissions or task forces established by the Mayor of the City of Roanoke. Action Project No. 8 - Replacement and Temporary Housing for Citizens Action Project No. 11 - First Street (Henry Street Development Plan) c. Action Project No. lg - Housing Revitalization Strategy 4. Responsibilities and time of performancP. During the CDBG Fiscal Year 1986-1987, which runs from July 1, lg86, through June 30, 1987, and beginning as soon as practical after the execution of this Agreement, the Subgrantees shall coordinate, manage and implement each of the Action Projects identified in Paragraph 2 hereinabove and provide planning and neighborhood coordination for those Action Projects set out in Paragraph 3, utilizing CDBG funds heretofore appropriated by the City, in the amounts set out in this Agreement. Each of the Action Projects shall be implemented in conformance with the Plan, unless other- wise permitted by the terms and conditions of this Agreement, and in conformance with all applicable CDBG regulations. Implementation of the Action Projects will be by an agent agreed upon by the City and the PAC/GNDC. 5. Required Submissions. Prior to implementing further any of the Action Projects identified in Paragraph 2 (with the exception of Action Projects 1 and 2) or incurring any cost or charge in connection with the implementation of any -3- such project, the Subgrantees, in consultation with the Gainsboro Coordination Committee, shall provide the City Manager with the following: A detailed work plan setting out the scope of activities to be undertaken with regard to implementing each of these Action Projects, which shall include: 1. A comprehensive activity timetable showing the sequence of activities to be undertaken, particularly iden- tifying those activities which are critical to the project. 2. An activity coordination plan allocating functions and responsibilities for the administration, management, and implementation of the Action Projects by and between the Grantee, Subgrantees, the City of Roanoke Redevelopment and Housing Authority, third-party contractors, and others as required. 3. A detailed financial plan and budget based on the funds committed by this Agreement, and funds available from sources other than the Grantee; all projected expenditures must comply with Federal regulations pertaining to the use of CDBG funds. Subgrantee shall submit time sheets at the end of each month. Time sheets will reflect amount of staff time spent implementing each action project, including Action Project i & 2. The Grantee's City Manager shall review the submissions made in accordance with this Paragraph to determine their conformance with the Plan, the terms and conditions of this Agreement, and CDBG regulations, and shall respond to the -4- Subgrantees, either approving, approving subject to modifications, or disapproving, in writing, such requests within fourteen (14) calendar days of their submission to the Grantee. The Subgrantees shall not implement or incur any cost or charge in connection with the implementation of each such project until such approval has been obtained. A copy of each such submission, once approved in writing by the Grantee, shall be filed with a copy of the Grantee's written approval, along with the original of this Agreement, in the Office of the City Clerk, and the City's Director of Finance shall be provided with a copy. If, during the term of this Agreement, the Subgrantees wish to amend any submission which has already been approved, such amendment shall be approved and copies filed in the same manner as an original submission. The City Manager and the Director of Finance shall not approve budget amend- ments that would result in the transfer of more than $5,000 from or to any one Action Project or the Administrative account, without the prior approval of City Council. 6. General administration and compensation. The Subgrantees shall con- tinue to employ an Administrator and maintain and staff an office for the PAC and GNDC. The subgrantees shall charge expenses clearly relating to Action Project implementation, including the costs of personnel, material, supplies and third-party contractors, directly to the applicable Action Project and not to the Subgrantees' general program administration. 7. Action Project Expenditures. After complying with the requirements of Paragraph 5 of this Agreement, the Subgrantees may receive CDBG funds to imple- ment the Action Projects set out in Paragraph 2 above up to the following amounts which have been approved by the Roanoke City Council: -5- Project Action Projects i & 2 (Administration) Action Project 4 (Gainsboro House) Action Project 9 (Beautification and Vacant Lot Clearance) Action Project 12 (Solicitation of Grants) Action Project i7 (Community Service) Action Project 19 (Property Management, Maintenance and Marketing PAC/GNDC- owned Properties) .Funding Years - Amount FY 1984 $ 1,671 FY 1986 $58,830 FY 1984 $49,893 FY 1984 $ 103 FY 1985 8,000 FY 1986 2,500 FY 1984 $ 3,579 FY 1986 $20,000 FY 1984 $ 1,440 FY 1985 1,560 FY 1986 2,000 TOTAL AVAILABLE Total Allocation $ 60,501 $ 49,893 $ 10,603 $ 3,579 $ 20,000 $ 5,000 $149,576 8. Disbursement procedures. If the Subgrantees require cash advances, they shall file the necessary papers with the City Manager twelve (12) working days prior to the date that actual disbursement is necessary. Cash advances for general administration shall be reasonably estimated; excess advances will not be permitted. Cash advances for general administration will be recorded as Accounts Receivable due from the Subgrantees. The Subgrantees shall submit a monthly report by the fifth working day of each month to the Director of Finance indicating the actual expenditures incurred against all cash advances not pre- viously reported to the Director of Finance. Expenditures reported will be deducted from the Accounts Receivable balance due from the Subgrantees. Monthly financial status reports issued by the Director of Finance to the Subgrantees shall be reviewed by the Subgrantees and any discrepancies reported in writing within ten (10) working days of receipt of said report. -6- 9. Pro~ram Income. Program income from any and all sources shall be sub- mitted to the City within five (5) days of its receipt by the PAC/GNDC, the only permissible exception being the holding of a $500.00 rental property maintenance fund derived from rental property income. 10. Insurance. The Subgrantees shall purchase, pay for and maintain at all times during the life of the contract such insurance as will protect Subgrantees and Grantee from such claims or as set forth below which may arise out of or result from the Subgrantees' operations under the contract, whether such opera- tions be by Subgrantees or by any subcontractor or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable: ae Claims under Workmen's Compensation and other similar employee benefit acts; Claims for damages because of bodily injury, sickness or disease, or death of any person other than subgrantees' employees; Claims for damages because of bodily injury, occupational sickness or disease; or death of subgrantees' employees. Claims for damages because of bodily injury or death of any person or property damage arising out of the ownership maintenance or use of any property. Insurance coverage shall not be less than that required by law or as follows, whichever is greater: Workmen's Compensation: State-Statutory; Federal-Statutory; Employer Liability Public Liability per occurrence Bodily and Personal Injury Property Damage per occurrence $ 100,000.00 $1,000,000.00 $1,000,000.00 $ 50,000.00 -7- Subgrantee shall purchase, pay for and maintain insurance against the perils of fire, windstorm, vandalism upon property managed by PAC/GNDC to the full insurable value. 11. Annual audit and monitoring. The Subgrantees shall provide for an independent audit of all CDBG expenditures covered by the Agreement. Services of the independent auditor shall be acquired in accordance with the procurement procedures of OMB Circular A-102, Attachment O. The audit shall conform to the requirements of OMB Circular A-128. Copies of said audit report shall be fur- nished to the Grantee's City Manager and Director of Finance within thirty days of completion of the audit and not later than September 30, 1987. 12. Technical assistance. The Grantee shall, to the extent of its resour- ces, provide technical assistance and in-kind support of specific tasks relating to the implementation of the Action Projects as defined and approved in the Sub§rantees' Action Project work plans. 13. Records and inspections. Subgrantees shall maintain full and accurate records with respect to all matters covered under this Agreement. The Grantee shall have free access at all proper times to such records, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, minutes, and activities. Such records shall be main- tained for three (3) years. 14. ~ccomplishment of services. The Subgrantees shall commence, carry on, and complete their obligations under this Agreement with all practicable dispatch, in a sound economical and efficient manner, and in accordance with the provisions thereof and all applicable laws. In completing their obligations, the Subgrantees shall take such steps as are appropriate to insure that the work involved is properly coordinated with related work being carried on in the City. -8- 15. Ownership of documents and audio-visual productions. All documents, as well as audio-visual materials produced as a part of this Agreement, shall become the joint property of the Grantee and Subgrantees. The Subgrantees shall provide the Grantee with copies of all such documents and audio-visual materials. The documents and audio-visual materials may be utilized by the Subgrantees to solicit program participation, solicit program funding sources, and/or solicit program recognition. 16. Personnel. The Subgrantees represent that they will secure all person- nel required in performing the services under this Agreement. All personnel engaged in the work shall be fully qualified to perform such services. 17. Third-partS contracts; Grantee not obligated to third parties. The Grantee shall not be obligated or liable hereunder to any party other than the Subgrantees and any third party contract utilizing funds committed by this Agreement must have the prior written approval of the City Manager, must be approved as to form by the City Attorney, and be certified as to funds by the Director of Finance prior to execution. 18. Indemnits provision. The Subgrantees agree to indemnify and hold harmless the Grantee, its officers, agents, and employees, from any and ail claims, legal actions and judgments advanced against the Grantee and for expen- ses the Grantee may incur in this regard, arising out of the Subgrantee's inten- tional acts and negligent acts or omissions with respect to the rights or privileges granted by the Grantee to the Subgrantees in this Agreement. 19. Special terms and conditions. The Subgrantees agree to abide by the HUD conditions for CDBG programs as set forth in Attachment I as if they were the Grantee referenced therein, unless such conditions are clearly inappropriate for the performance of particular obligations under this Agreement. -9- 20. Termination of agreement for cause. If any party to this Agreement shall fail to fulfill in a timely and proper manner its obligations under this Agreement, any other party shall thereupon have the right to terminate this Agreement by giving thirty (30) calendar days written notice of such termination to the affected party, and specifying the effective date of such termination. In the event of termination, payment shall be made to the Subgrantees based on the percentage of work completed. 21. Completeness of agreement. This Agreement and any additional or supplementary document or documents incorporated herein by specific reference contain all of the terms and conditions agreed upon by the parties hereto, and no other agreements, oral or otherwise, regarding the subject matter of this Agreement or any part thereof shall have any validity or bind any of the parties hereto. 22. Amendments. The Grantee, from time to time, may require changes in the obligations of the Subgrantees hereunder, or its City Council may appropriate further funds for the implementation of certain Action Projects. In such event or events, such changes which are mutually agreed upon by and between the Subgrantees and Grantee shall be incorporated in written amendment to this Agreement. 23. Conflict of Interest. No employee, agent, consultant, officer, or appointed official of the Subgrantees, who is in a position to participate in a decision-making process or gain inside information with regard to CDBG activi- ties, may obtain a personal or financial interest or benefit from the activi- ties, or have an interest in any contract, subcontract or agreement with respect thereto, or in the proceeds thereunder, either for themselves, their family or business associates, during their tenure or for one year thereafter. -10- ATTEST: CITY OF ROANOKE, VIRGINIA Mary F. Parker, City Clerk W. Robert Herbert, City Manager ATTEST: GAINSBORO PROJECT AREA COMMITTEE, INC. Witness Percy T. Keeling, Chairman ATTEST: GAINSBORO NEIGHBORHOOD DEVELOPMENT CORPORATION Michael Dowe, President -11- Office of the Q~y Oe~ July 18, 1986 File #178 Hr. H. Robert Herbert City Hanager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution Ilo. 28251, authorizing the filing of an application with the United States Department of Housing and Urban Development for certain funds for a Rental Rehabilitation Program in the City, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, Julb 14, 1986. Sincerely, Mary F. Parker, CHC City Clerk MFP:se Enco cc: Mr. Herbert D. McBride, Executive Director, City of Roanoke Redevelopment and Housing Authority, P. O. Box 6359, Roanoke, Virginia 24017 Mr. Homer Martin, Finance Director. City of Roanoke Redevelop- ment and Housing Authority, P. O. Box 6359, Roanoke, Virginia 24017 Mr, Mr Ms Mr Mr Mr Pi r William F. Clark, Oirector of Public Works Charles M. Huffine, City Engineer Marie T. Pontius, Grants Monitoring Administrator Ronald H. Miller, Building Commissioner H. Oaniel Pollock, Housing Development Coordinator Wilburn C. Dibling, Jr., City Attorney Joel M. Schlanger, Director of Finance Room456 MuniclpalBulldlng 215C~u~hAv~'~ue, S.W. Roonc~e,V~rglnlo24011 (70~)981-254t IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of July, 1986. No. 28251. A RESOLUTION authorizing the filing of an application with the United States Department of Housing and Urban Development for cer- tain funds for a Rental Rehabilitation Program in the City. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager is authorized and directed to prepare, submit, and nego- tiate with the United States Department of Housing and Urban Develop- ment an application for funds in the amount of $51,000 for a Rental Rehabilitation Program to be to be generally consistent with Program set out as an attachment to Council dated July 14, 1986. implemented in the City, the proposed general to the report of the such Program outline of the City Manager ATTEST: City Clerk. Roanoke, Virginia July 14, 1986 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Rental Rehabilitation Program - Grant Application for Third Year Background: A. Rental Rehabilitation Program provides for the repair of substan- dard rental property, by: 1. Rehabilitation subsidies equal to 1/3 of the rehab cost 2. Section 8 rent subsidies to avoid displacement of low income tenants Roanoke's allocations in the first two years of the Rental Rehabilitation Program totalled $215,300 for rehabilitation subsidies. These allocations provided renovation to 45 apartment units in 24 buildings at a total cost of $734,690. C. Roanoke was the first locality in Virginia to use all of its allocation for the Rental Rehabilitation. II. Current Situation: A. Third year of the Program has been announced, with Roanoke's allocation at $51~000. B. Application to HUD for the 1986 Program has been submitted, contingent upon Council approval of the application (Attachment). Efforts are ongoing by the administration to secure addi- tional Rental Rehabilitation funds from HUD, with $57,000 unused by other localities expected to be allocated to Roanoke shortly. Substantially more funds are likely to be available if needed. Expanded eligible areas are requested in attached application. In addition to existing Conservation Areas and Rehabilitation Districts, areas added as eligible include: 1. Ail of Highland Park Conservation Area 2. Washington Park neighborhood III. Issues IV. A. Impact on neighborhood revitalization B. Housing opportunities for disadvantased citizens C. Cost to the City D. Timing Alternatives: A. Endorse the application to HUD for receipt of Roanoke's allocation of 1986 Rental Rehabilitation funds, totalling $51,000. Impact on neighborhood revitalization would be positive. The $51~000 allocation to Roanoke would attract at least $102,000 in private funds, for a total of $153~000+ of rehabilitation. At least 11 substandard apartment units will be renovated under this phase of the Program. Housing opportunities for disadvantaged citizens will be enhanced. Low-income tenants currently living in substandard units repaired under the Program will receive rental assistance to allow them to stay in their remodeled apartments. Rent subsidies will also be available to low-income families moving into currently vacant units after their repair. Cost to the City will be nothing. The Program grant is reserved by HUD for the City, and is drawn on by the Redevelopment and Housing Authority as the administering agent. No City matching funds are required. The City will benefit from higher values of rehabilitated buildings. Timing is such that the application was submitted to meet HUD's time schedule. Applications from property owners for this Program will be submitted when HUD approves this application and agreements with HUD and the Roanoke Redevelopment and Housing Authority are executed. Any additional Rental Rehabilitation funds obtained from HUD (per IIC above), may be administered separately or in combination with the $51,000 allocation, depending on the timing of the respective awards. Do not endorse the application for the 1986 Rental Rehabilitation Progam. Direct the City Manager to rescind the application sub- mitted. Impact on neighborhood revitalization would be negative. Eleven (11) or more rental units in 5 or 6 substandard houses would not be renovated. Housing opportunities for disadvantaged citizens would be hindered, in that 11 low-income families would not receive rental assistance, and 11 fewer safe and sanitary units would be available for rent. Cost to the City would be increased due to lost tax revenue from the upgraded buildings, and the staff attention required by substandard housing. Timin~ is such that HUD should be notified in~nediately that the City is withdrawing from the Rental Rehabilitation Program and to award the City's $51,000 to another city. Ve Recommendation Adopt Alternative A, thereby endorsing the City's application to HUD for the 1986 Rental Rehabilitation Program allocation of $51,000. Respectfully submitted, W. Robert Herbert City Manager WRH:HDP:cmh Attachment CC: City Attorney Director of Finance Director of Public Works Building Commissioner Housing Development Coordinator Grants Monitoring Administrator Executive Director Roanoke Redevelopment and Housing Authority FEDERAL ASSISTANCE OF [] PREAPPLICATION ACTiOH [] APPLICATION ~;ro~e [] NDTIFiCATION OF fflTF.~T (Opt.) ~','~ ~ REPO~ OF FEDE~L ACTION 2, APPLI- a. NUMBER CANT'S APPLI- b. PATE a. Applicant Name : City of Roanoke b. 0tganizal[0. Unit : Office of the City Manager c. Stmot/P.0, B~x : 2 15 Church Avenue, S. W. d. ¢it~ : Roanoke ,. ~,n~ : re.t. : gJ pginia ~. z.~.: 24011 Co. Uot Pm0. (N~a Dan Pollock mt,t,pho~,No.) : (70.R) 081-2221 ~ 7. TITLE AND DESCRmTION OF APPLICA~T~M PROJE~ Rental Rehabilitation Ppogvam-Alloc~bion of Federal funds ~o the City ~o subsidize pehabiligagion of rental properly ~o be principally occupied by lower income Cenan¢s. OMB Approval No. 29--R0~1~ APPLICA- TION FEDERAL EMPLOYER IDENTiFiCATION NO. ~U~-R 1.4;. ~ ' ' , , i3 is I Rental Rehabili ~atior FEDERAL AGENCY A~-95 ACTION 424-101 2~. ORGANIZATIONAL UNIT J 27. ADMINISTRATIVE OFFICE I 29. ADDRESS 3~. ACTION TAKEN 32. FUNDING [] b. REJECTED b. APPLICANT .00 ]$. CONTACT FOR ADDITIONAL INFORMA- [] c. RETURNED FOR e. STATE .00 AMENDMENT d. LOCAL .00 [] d. DEFERRED e. UTHER City of Roanoke, Virginia 2.5,000 I d. ~oc~ .oo ~ 86- 8 - 1 24 HUD Richmond, Virginia 23219 D v,, N~ No [ (3) SENTATIVE Ci ~y Manager 8, TYPE OF APPLICANT/RECIPIENT IL, EXISTING FEDERAL IOENTIFICATION NUMBER t21. REMARKS ADDED [] [] [] 28. FEDERAL APPLICATION IDENTIFICATION 30. FEDERAL GRANT IDENTIFICATION 37. REMARKS ADDED [] Yes ~3NO PRO- GRAM Program Rental Rehabilitation Pro~ram I. Back~round Roanoke is a city of approximately 100,000 citizens housed in 42,500 dwelling units. Like most cities, Roanoke has had periods of rapid growth and of stability. The last 30 years has been a time of maturation for the City. Compared to the Roanoke metropolitan area, the City's housing stock is relatively old, more likely to be rental property, and more likely to be in need of repair. Two-thirds of all housing units in the City are more than 25 years old. Almost half are more than 45 years old. With age comes the need for substantial repairs or renovations and more diligent preventive maintenance. Because of the expense, many owners have deferred taking these measures, without which the houses have tended to deteriorate at an accelerating pace. The too frequent result of this can be seen in the figures for vacant housing units (about 2,800), values of single-family houses (20% are assessed at less than $20,000; 7% at less than $10,000, and houses in poor or fair condition - 12%). The City of Roanoke and the Roanoke Redevelopment and Housing Authority have administered a variety of neighborhood revitaliza- tion programs over recent years. Most of these programs and the funds allocatd to them have been targeted toward the rehabilita- tion of owner-occupied houses in neighborhoods designated as Conservation Areas or Rehabilitation Districts under Virginia law. This concentration has begun to have a significant positive effect in these neighborhoods. However, a large proportion of the housing stock in the aforemen- tioned areas is rental property (50%, compared to 39% City-wide), of which an estimated 35% are in fair to poor condition. The incentive for private investments to be made in owner-occupied homes in these neighborhoods is weakened by nearby rental units in disrepair. It is obvious that an element of overall neigh- borhood revitalization must be the upgrading of deteriorted ren- tal property. Past and current programs for rehabilitation of rental property have consisted of Section 8/Moderate Rehabilitation and Substantial Rehabilitation/Public Housing. While each of these programs has contributed to the improvement of housing stock, neither is designed to encourage a strong role by the private, unsubsidized rental market in neighborhood revitalization. The Rental Rehabilitation Program described herein is designed to attract private investment while maintaining flexibility in an area's housing market, by the direct rehabilitation of 22-30 rental housing units occupied by lower income families. Indirectly, the improvement of these units will encourage main- tenance and repair to other rental and owner-occupied buildings nearby. Il. Pro,ram Design A. Form of Rehabilitation Subsidy The City's Rental Rehabilitation Program will offer deferred payment forgivable loans ("forgivable DPLs") to owners of small substandard rental properties (fewer than 8 units per structure) within designated eligible areas. These forgivable DPLs will be non-interest bearing loans of 10-year terms, equal to one-third (1/3) of the rehabilitation expense or $5,000 per unit, whichever is less. The minimum subsidy to be considered will be $2,000 per unit (for $6,000 of rehabili- tation work per unit). If the borrowing property owner adheres to the terms of the DPL and the deed of trust securing it for the ten-year term, no payment will be required. If the conditions of the loan are not followed, the DPL will become payable less 10% for each full year after completion of the rehabilitation. B. General Conditions 1. Each unit subsidized must be located in an area designated as eligible for the Program. Each unit subsidized under the Program must be substan- dard according to either Section 8 Housing Quality Standards (HQS) or the City's building code. Each unit subsidized under the Program must be renovated to at least Section 8 HQS and qualify for a Certificate of Occupancy from the City Building Department. As part of the rehabilitation, improvement of the exterior appearance of the building will be considered a priority. 4. Any unit rehabilitated under the Program must receive work costing at least $6,000. Initial occupancy of all units subsidized under the Program must be by lower income families, to the maximum extent possible. Exceptions are allowable iu the case of a unit occupied by a family not of lower income prior to rehabilitation. Each unit must be maintained at least to Section 8 HQS and Certificate of Occupancy standards for the ten year term of the DPL, whether occupied by Section 8 tenants or not. No unit subsidized under the Program may be converted to a condominium or cooperative for the ten year term of the DPL. There may be no discrimination against a prospective tenant because of receipt of our eligibility for housing assistance, or because of residence with a minor child, for the ten year term of the DPL. Each property owner will agree to comply with applicable requirements for nondiscrimination and "affirmative marketing" of units rehabilitated under the Program for the ten-year term of the DPL. Guidelines and procedures for property owners will be developed jointly by the City and the Roanoke Redevelopment and Housing Authority, to insure that each owner is aware of his/her obligations in this regard. C. Areas of Eli$ibilit¥ The Rental Rehabilitation Program will be offered in the areas shown on the attached map, including the following neighborhoods: Gainsboro Conservation Area Gilmer Avenue Conservation Area Harrison Avenue Conservation Area Hurt Park Conservation Area Belmont Conservation Area Loudon Avenue Rehabilitation District Melrose Rehabilitation District Fallon Park Rehabilitation District Morningside Rehabilitation District Kenwood Rehabilitation District Highland Park Conservation Area (partial) Washington Park Neighborhood In general, each of these neighborhoods has a significant degree of housing deterioration, especially of rental pro- perty. The Rental Rehabilitation Program is expected to make a valuable contribution to the revitalization of these older neighborhoods. Each of these areas meets the criteria established by program regulations, as follows: Median incomes not exceedin$ 80% of median income for the Roanoka area. According to the 1980 census, the median household income in the~Roanoke SMSA was $16,119, of which 80% was $12,895. The median income of each of these neighborhoods was below this figure and ranged from $5,917 to $11,750. Rents affordable to lower income families. The 1980 Census reports that these neighborhoods had median contract rents between $78 and $136, compared to city- wide median of $150. Gross rents, including estimated costs of utilities, ranged from $155 to $240. At the same time, the Section 8 Fair Market Rents, including utility allowances, were $265 for a two-bedroom unit, and $306 for a three-bedroom unit. At this time, the pre- vailing rents, with utilities, in these areas are in the $200-$350 range, with few beyoad this range. Expected rent stability. While each of the eligible neighborhoods has experienced rehabilitation of some buildings in recent years, there is no evidence of significant "gentrification" or rapidly rising property values or rents, or displacement that might be associated. There are no known significant developments planned in any of these areas that would cause the rents to increase dramatically in the next five years. D. Selection Criteria Program applicants satisfying the basic general conditions listed earlier will be selected competitively based on a number of considerations. The 85-point evaluation scale, outlined below, will give priority to projects located in eligible Conservation Areas, and involving lower income or very low income tenants, larger apartments, and small buildings. Evaluation Scale Factor Score Current Occupancy: Very low income families Lower income tenant Vacant Tenant not of lower income (2O) 20 10 10 0 Size of Unit(s): Three bedrooms or more Two bedrooms One bedroom (15) 15 10 0 Number of Units in Building: Two to four units Single unit building Five to seven units (15) 15 5 0 Loan to Value Ratio (with rehabilitation financing): (15) 60% or less 15 61% - 85% 10 86% - 100% 0 General Desirability (considering impact on community revitalization, consistency with program goals, concentration on other subsidized units, etc. . .) (20) 85 In some cases, the scoring of some factors will have to be "prorated." For example, a triplex with two two-bedroom units and one single bedroom unit would be rated 7 in the size of units category. The Evaluation Scale will be applied as long as it is effective in meeting the requirements of program regulations. However, if it appears that some requirements will not be met, e.g. 70% of the units assisted being of two or more bedrooms, or that a high- rated application just is not suitable for the Program, applica- tion of the scale may be compromised to insure compliance with Program requirements. This scale will be applied to those applications received during the initial application period and is based on the expectation that more applications will be received than can be funded. Based on interest expressed thus far by property owners, it appears likely thiselection consistent with the intent of the program will be developed. The Program design and use of the Evaluation Scale address several of the mandates of the Program, as follows: Lower income benefit: The Current Occupancy factor gives priority to units occupied by low or very low income tenants, or vacant units into which lower income tenants will be placed after rehabilitation, using Section 8 certificates provided by the Program. In addition, this will be monitored through the pro- cessing of applications to insure maximum feasible benefit to lower income. However, it is expected that some buildings whose rehabilitation would be valuable to the community as well as low income tenants may also have some units occupied by tenants not of lower income. The displacement of such tenants is to be avoided in the interest of neighborhood stability as well as equity to the individual. To deal with such instances of high priority to a neighborhood and to allow for unforeseeable cir- cumstances, the City requests reduction of the 100% lower income benefit standard to 70%. This request is pursuant to information and input received from resident organizations of affected neigh- borhoods, apartment owners, and agencies serving lower income clientele. (See also Section IV A.) Housing for families: The Size of Unit(s) factor gives heavy priority to projects with two, three, or more bedrooms. This item too will be .monitored as applications are processed, to insure that at least 70% of rehabilitation funds are used for large units. Characteristics of rental housing stock in the eligible neighborhoods indicate this standard will be met easily. Substandard units occupied by very low-income families: Ail units receiving assistance under the Program must be substandard. Those currently occupied by families of very low income are afforded greater weight by the Evaluation Scale (see "Lower income benefit" above in this section). Efficient use of Pro~ram funds: The Program design will leverage at least two dollars of private funds for rehabilitation for every dollar of subsidy. The terms of the subsidy (i.e., forgive- able deferred payment loan) is expected to be attractive to investor owners. In addition, the design of the subsidy and the overall Program is expected to allow for minimal administrative expense both initially and over the ten-year term of the DPL. (See also "Financial feasibility", below.) Financial feasibility: Each forgiveable DPL provided by the Program will be secured by a deed of trust on the property. The total of all indebtedness against the property, including the DPL, may not exceed 100 percent of the appraised value. Priority will be given to properties with lower loan-to-value ratios, thereby showing stronger financial feasibility and greater incen- tive to the property owner to abide by the terms of the DPL (e.g. maintenance of the property to Section 8 standards). Each applicant will be counseled that the Program design is such that the feasibility of the rehabilitation must be based on market, unsubsidized rents, and that if projected cash flow is not sufficient without subsidized rents, the rehabilitation may not be feasible. The private financing market for rental property in Roanoke shows the willingness of local lenders to make secure loans for rental repairs. The Program subsidy which will increase property values, be subservient to private deeds of trust, and not reduce cash flow, should make private lenders' deeds of trust more secure. Informational sessions with the private financial com- munity will be held to explain the Program. III. Administrative Organization and Procedures: The Rental Rehabilitation Program will be administered jointly by the City and the Roanoke Redevelopment and Housing Authority (RRHA). The RRHA has agreed to cooperate with the City in the administration of the Program, through the administration of the Section 8 rent subsidies. A program management team will be formed to include at least the following: H. Wesley White, Jr., Land Planning/Subsidized Housing Director Roanoke Redevelopment and Housing Authority P.O. Box 6359 Roanoke, Virginia 24017 703-342-4561 Dan Pollock, Housing Development Coordinator Room 170, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 703-981-2222 Rehabilitation Inspector The program management team will be responsible for general program administration and assignment of specific tasks, including: Program Publicity, Marketing, and Outreach: The principal point of contact for Program information will be the RRHA. Receipt and Initial Screening of Preliminary Proposals: Preliminary proposals will contain basic information about the project, such as location, number and size of units to be rehabilitated, general description and rough estimation of cost of repairs, expected source of private financing, characteristics of current occupants, etc. These basic pro- posals will be submitted to the RRHA, who will also review each to determine basic eligibility. Preliminary Property Inspection: The rehabilitation inspec- tor will perform an initial inspection of each unit proposed to be rehabilitated under the Program. He will prepare a brief listing of basic repairs necessary to meet Program requirements to give to the property owner. This inspection also will verify that the units are substandard and in need of repair. Prioritization and Selection: Based on the preliminary proposals and inspections, the program management team will apply the Evaluation Scale to determine which proposals appear to be best suited to the intent of the Program. Those receiving the highest rankings will be asked to arrange financing for the rehabilitation within a given period of time. Closing: When the applicant furnishes evidence that financing has been arranged, closing on the Program subsidy will be scheduled, generally to coincide with the closing on the conventional financing. Rehabilitation: Arrangement for rehabilitation work to be performed will primarily be the responsibility of the appli- cant property owner. Periodic in-progress inspections will be held by the rehabilitation inspector, relative to compliance with the work write-up and workmanship standards, and by City building inspector(s), to assure compliance with code requirements. Final inspections will be performed by a Section 8 housing inspector (to verify compliance with Section 8 Housing Quality Standards), a City building innspector (to confirm Certificate of Occupancy quality), and the rehab inspector. Post-Rehabilitation Monitoring: Property owners will be asked to submit brief periodic (probably quarterly) reports of the status of each project, especially concerning rents and tenants. Blank report forms will be sent by the RRHA to the owner for completion and return. In addition, on at least an annual basis, a Section 8 housing inspector, rehabili- tation inspector, or City bulding inspector will perform an on-site inspection to verify that each unit is maintained in accordance with the terms of the DPL. The tentative timetable for the Program is as follows: Approval of Program funding by end of July Receive preliminary proposals by mid August Screen proposals and perform initial inspections by end of August Select high priority projects per Evaluation Scale; issue tentative commitments and request arrangement for private financing by mid September Private financing arranged; project funds encumbered by mid October Hold first loan closings by emd of October Begin first rehabilitation November 1986 It is expected the Program subsidy funds will be committed to specified projects according to the following schedule First Quarter (July - September 1986) $10,000 Second Quarter (October - December 1986) 40,000 $50,000 IV. Certifications: A. Public Consultation: The proposed Rental Rehabilitation Program has been presented and discussed with representatives of resident organizations of neighborhoods affected, public and private non-profit agencies concerned with housing issues of lower income tenants, and organizations of rental property owners, as well as many individuals. This Program design reflects concerns, attitudes, and expectations expressed from these quarters. Also as a result of these public consultations, the City requests reduction of the lower income benefit standard to 70%, in order to avoid displacement of tenants in otherwise high priority projects, to provide for unexpected contingen- cies that cannot be foreseen in the rental property markets of eligible neighborhoods, and to allow for unexpectedly low rehabilitation expenses resulting in more units rehabilitated than Section 8 certificates awarded. B. Nondiscrimination and Equal Opportunity: The City and the RRHA will provide detailed guidelines to applicant owners describing their obligations for fair housing practices. These may include procedures to notify the RRHA and other community or service agencies of vacan- cies, posting of Equal Housing Opportunity logotype of premises, public advertisement of vacancies, etc.. These requirements will be conditions of the deed of trust for the DPL. Evidence of compliance will be examined by the RRHA at least annually, at the time of on-site inspection. Violation of fair housing and nondiscrimination provisions will be grounds for requiring payment of the DPL as specified in the deed of trust. C. Tenant Assistance Policy: All reasonable efforts will be made to avoid involuntary displacement of tenants due to rent increases, especially tenants of lower iocome. In no case will a very low income family be displaced involuntarily by a tenant not of very low income. Each tenant in a unit to be rehabilitated under the Program will be counseled about the effect of the rehabilitation on him/her. The RRHA will insure that information is provided to all tenants, and individual counseling afforded to all those in jeopardy of being displaced involuntarily. This counseling will at least include descriptions of alternative housing oportunities, ways to search for suitable alterna- tive arrangements, and tenant rights under the Federal Fair Housing law. Tenants qualifying for Section 8 assistance will be offered such subsidy either to stay in the unit after its repair, to move to another unit in the project or another project rehabilitated under the Proogram, or to move to another qualified unit in the City. Direct referrals to other apartments also may be made. No tenant offered decent, safe, and sanitary housing at an affordable rent (as defined in 24 CFR 511.10(h)(1) will be considered to be displaced. Any tenant displaced involuntarily by the Rental Rehabilita- tion Program shall receive priority consideration for available Section 8 and public housing units administered by the RRHA. D. Neighborhood preservation: Rehabilitation of rental property without displacement of current residents will enhance the preservation and revitali- zation of affected neighborhoods. The improvement of rental properties will supplement substantial investments made in owner-occupied homes over the last few years. Rehabilitation proposed in parts of the Hurt Park and Highland Park Conservation Areas with historic significance will be reviewed for sensitivity to historic preservation. The Form of this review will be developed with and be accept- able to the Virginia Division of Historic Landmarks. E. Compliance with Applicable Regulations: Administration of the Rental Rehabilitation Program will comply with all applicable federal regulations and require- ments, including but not limited to those concerning non- discrimination and equal opportunity, as identified in 24 CFR 511.10(m). F. Authority to Apply: The submission of the grant application has been authorized by Roanoke City Council. The City and the Roanoke Redevelopment and Housing Authority are legally authorized to develop and administer housing rehabilitation and rent sub- sidy programs within the City, such as this Rental Rehabilitation Program. RENTAL REHABILITATION PROGRAM EQUAL OPPORTUNITY AND NONDISCRIMINATION POLICIES AND GUIDELINES General Policy: It is the Policy of the City of Roanoke and the Roanoke Redevelopment and Housing Authority (RRHA) to administer the Rental Rehabilitation Program so that individuals of similar income have similar available housing choices, regardless of race, color, religion, sex, national origin, or handicap. Each property owner applying for participation in the Rental Rehabilitation Program shall agree to avoid any discrimination on the basis of race, color, religion, sex, national origin, or handicap, and shall agree to market their vacant rental units in good faith to inform and attract eligible tenants from all racial, ethnic, and gender groups. The Ri{HA shall give a copy of these Policies and Guidelines to the following: 1. Applicant property owners. Current tenants and tenants applying to the RRHA for housing rehabilitated under the Program. Social service agencies, including Total Action Against Poverty (TAP), League of Older Americans (LOA), Legal Aid Society, and Roanoke Nsighborhood Alliance. Resident organizations of affected/eligible neighborhoods. 5. General public, upon request. In addition, all advertisements, press releases, information packages, application forms, and written cot~nunications prepared by the Ri{HA relative to the Rental Rehabilitation Program shall include the Equal Housing Opportunity logo or statement. Each participating property owner shall seek to attract tenants regardless of race, color, religion, sex, national origin, or handicap, of ail minority and majority groups, especially those unlikely to apply without special outreach, to units vacant after rehabilitation or that later become vacant. These marketing efforts shall include, at a minimum, the following: Advertisement of any and all vacancies in the Roanoke Times and World News and the Roanoke Tribune, such advertisement to include the Equal Housing Opportunity logo or statement. Such advertisements will specify that vacant units are available for, but not limited to, Section 8 tenants. Notification to the RRHA and TAP of any and all vacancies. This notice will be forwarded by the RRHA to other service agencies and organizations. Posting of Equal Housing Opportunity poster, provided by the RRHA, on vacant premises and rental offices, if existing. A participating property owner may be excused from the affirmative marketing requirements outlined in paragraph B., above, if he/she prepares a substitute plan acceptable to the RRHA and the City. This substitute plan, once approved, will be available for public inspection at the business office of the property owner (if applicable) and the RRHA. Documentation: Each participating property owner shall document affirmative marketing, such records to include the following: Copies of ali advertisements, notices, and other outreach for ail vacancies. A log of ail contacts with potential tenants, including race, sex, approximate age, and reasons for not accepting o Quarterly reports to the RRHA, in a format provided by the RRHA, regarding the occupancy of ail assisted units and marketing activities for any vacancies. The RRHA shall keep records including the following: 1. A log of vacancies reported by owners. Copies or other evidence of notices regarding the Prog'~am and vacancies sent to agencies and/or organizations by the RRHA. 3. A log of referrals made to vacant units, including race, sex, and approximate age. 4. Copies of advertisements placed by owners. Records of characteristics of tenants occupying units, including race, sex and approximate age. Assessment. The RRHA shall use the quarterly reports filed by property owners to verify compliance with affirmative marketing and Equal Housing Opportunity requirements. In addition, the RRHA and/or the City may make other periodic inspections of the property owner's records concerning tenants and marketing activities, or ask for other information about the same. Violations. Failure to comply with Equal Opportunity, Nondiscrimination, or Affirmative Marketing requirements will result in a written notice from the RRHA to the property owner that specific provisions of the Deed of Trust between the two parties have been violated, defining what corrective actions, if any, are to be taken, and advising that further violations or failure to take the prescribed actions may require repayment of the Deferred Payment Loan, less 10% for each full year of its life. Tenant Assistance Policy All reasonable efforts will be made to avoid involuntary displacement of tenants due to rent increases, especially tenants of lower income. In no case will a very low income family be displaced involuntarily by a tenant not of very iow income. Each tenant in a unit to be rehabilitatad under the Program will be counseled about the effect of the rehabilitation on him/her. The RRHA will insure that information is provided to all tenants, and individual counseling afforded to all those in jeopardy of being displaced involuntarily. This counseling will at least include description of alternative housing opportunities, ways to search for suitable alternative arrangements, and tenant rights under the Federal Fair Housing law. Tenants qualifying for Section 8 assistance will be offered such subsidy either co stay in the unit after its repair, to move to another unit in the project or another project rehabilitated under the Program, or to move to another qualified unit in the City. Direct referrals to other apartments also may be made. No tenant offered decent, safe, and sanitary housing at an affordable rent (as defined in 24 CFR 511.iO(h)(1) will be considered to be displaced. Any tenant involuntarily displaced by the Rental Rehabilita- tion Program shall receive priority consideration for available Section 8 and public housing units administered by the RRHA. Of~:e o~ ~he O~y Oen~ July 18, 1986 File #354 Mr. H. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 28252, relating to the pro- vision of certain benefits to temporary, full-time cardiac tech- nicians in the employ of the City, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 14, 1986. Sincerely, ~lary F. Parker, CP1C City Clerk HFP:se Enc0 cc: Mr. Kenneth C. King, Jr., 708 Dominion Bank Building, Roanoke, Virginia 24011 Mr. Eugene Williams, Jr., Captain, Hunton Life Saving and First Aid Crew, Inc., 830 Moorman Road, N. W., Roanoke, Virginia 24016 Mr. Douglas H. Hyre, Captain, Roanoke Life Saving and First Aid Crew, Inc., 374 Day Avenue, S. W., Roanoke, Virginia 24016 Mr. Andy Long, Captain, Williamson Road Life Saving and First Aid Crew, Inc., 3502 Birchwood Avenue, I~. E., Roanoke, Virginia 24012 Mr. Earl B. Reynolds, Jr., Assistant City Iqanager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Oirector of Finance Mr. George C. Snead, Jr., Girector of Administration and Public Safety Mr. Narren E. Trent, Manager, Emergency Services Room ~6 Munici~l~ildI~ 215~urchA',~n~,S.W. Roanoke,~2~11 (7~)98t-2~t IN THE COUNCIL OF THE CITy OF ROANOKE, The 14th day of July, 1986. VIRGINIA No. 28252. A RESOLUTION relating to the provision of certain benefits to temporary, full-time cardiac technicians in the employ of the City. WHEREAS, the City has in its employ certain skilled cardiac technicians; WHEREAS, specialized WHEREAS, there is wide demand for the unique expertise of group of employees; although these employees are temporary, the City this Manager has by report of June 23, 1986, recommended that temporary, full-time cardiac technicians be accorded certain benefits of City employment; and WHEREAS, City Council is of the opinion that the accord of cer- tain benefits to this unique group of temporary employees will advance the public health, safety and welfare; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Temporary, full-time cardiac technicians in the employ of the City shall be accorded all ordinary benefits of City employ- ment, including life insurance, health insurance, vacation aad sick leave and City holidays, exeept participation in the City of Roanoke pension plan. 2. The City Manager shall by administrative directive par- ticularize with respect to the rights and benefits and personnel regulations applicable to this specialized group of employees. 3. This resolution shall be retroactive and effect on and after July 1, 1986. ATTEST: to and in full force City Clerk. WILBURN C. DIBLING, JR* OFFICE: OF THE CITY A'~-FORNE:Y 464 MUNICIPAL BUILOING ROANOKE. VIRGINIA 2401 703-981-2431 July 14, 1986 Honorable Mayor and Members of City Council Roanoke, Virginia Re: Temporary, full-time cardiac technicians Dear Mrs. Bowles and Gentlemen: At the Council meeting of June 23, 1986, City Council received and concurred in a report recommending the accord of certain City benefits to temporary, full-time cardiac technicians. At the same time, City Council adopted a budget ordinance appropriating funding for this purpose. To establish a better historical record as to why benefits are being made available to this group of temporary employees, I recor~nend that City Council adopt the attached resolu- tion which fully implements the City Manager's recommendation and is made retroactive to July 1, 1986. With kindest personal regards, I am Sincerely yours, Wilburn C. Dib'(ing, Jr. City Attorney WCDj: ps At t achment CC: W. Robert Herbert, City Manager George C. Snead, Director, Administration and Public Safety Warren E. Trent, Coordinator, Emergency Services July 18, 1986 File #20-24 ~lr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance Ilo. 28253, amending and reor- daining subsections (a) and (b) of §21-4D.1, Open storage ,i,noperative vehicles in residential or commercial districts of the Code of the City of Roanoke (1979), as amended, to provide a new definition for the term "inoperative motor vehicle", which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 14, 1986. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Enc. cc: Mr. Wilburn C. Dibling, Jr., City Attorney Hr. Joel M. Schlanger, Director of Finance Mr. George C. Snead, Jr., Director of Administration and Public Safety Mr. M. David Hooper, Chief of Police Hr. Ronald H. Miller, Building Commissioner Mr. Donald S. Caldwell, Commonwealth's Attorney Mr. Raymond F. Leven, Public Defender, Suite 4B, Southwest Virginia Building, Roanoke, Virginia 24011 The Honorable Jack B. Coulter, Chief Judge, Circuit Court The Honorable James W. Flippen, Chief Judge, Juvenile and Domestic Relations District Court The Honorable Edward S. Kidd, Jr. Chief Judge General District Court ' ' Room 456 Municit:~l Building 215 Church A~enue. S.W. P, oano~e, Vlrglnlo 24011 (703) 98t-254'~ Mr. W. Robert Herbert Page 2 July 18, 1986 cc: The Honorable Ernest W. Ballou, Judge, Circuit Court The Honorable Roy B. Willett, Judge, Circuit Court The Honorable G. O. Clemens, Judge, Circuit Court, P. O. Box 1016, Salem, Virginia 24153 Miss Patsy Testerman, Clerk, Circuit Court Ms. Patsy ~ussey, Clerk, Juvenile and Domestic Relations District Court Mr. Ronald Albright, Clerk, General District Court Mr. Bobby D. Casey, Office of the Magistrate, P. O. Box 13867, Roanoke, Virginia 24037 Ms. Clayne M. Calhoun, Law Librarian Mr. Robert L. Lasl~e, Vice President Supplements, Municipal Code Corporation, P. O. Box 2235, Tallahassee, Florida 32304 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of July, 1986. No. 28253. AN ORDINANCE amending and reordaining subsections (a) and (b) of §21-40.1, Open storage of inoperative vehicles in residential or commercial districts, of the Code of the City of Roanoke (1979), as amended, to provide a new definition for the term "inoperative motor vehicle", and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Subsections (a) and (b) of §21-40.1, Open storage of inoDerative vehicles in residential or eormnercial districtn, of the Code of the City of Roanoke (1979), as amended, is amended and reordained as follows: §21-40.1. Open storage of inoperative vehicles in residential or con~aercial or agricultural districts. (a) It shall be unlawful for any person to keep or store, except within a fully enclosed building or struc- ture, or otherwise shielded or screened from view, on any property zoned for residential or commercial or agri- cultural purposes, any motor vehicle, trailer or semi- trailer, as such are defined in §46.1-1 of the Code of Virginia (1950), as amended, which is inoperative. As used in this section, an "inoperative motor vehicle" shall mean any motor vehicle which is not in operating condition or which, for a period of sixty (60) days or longer, has been partially or totally disassembled by the removal of tires and wheels, the engine, or other essential parts required for operation of the vehicle or on which there are displayed neither valid license plates nor a valid inspection decal. (b) This section shall not apply to a lieensed business whioh on June 26, 1976, was regularly engaged in business as an automobile dealer, salvage dealer or scrap processor. 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. WlLBURN C. DIBLING, .IR. OFFICE OF' THE CITY ATTORNEY WIt.~I.~M x pARSONS 464 MUNICIPAL BUILDING WILLIAM M. HACKWORTH July 14, 1986 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Inoperative Motor Vehicles Dear Mrs. Bowles and Gentlemen: I have enclosed for Council's consideration a proposed ordinance which would amend subsections (a) and (b) of §21-40.1, Open storage of inoperative vehicles in residential or commercial districts, Code of the City of Roanoke (1979), as amended. The amendments are neces- sitated by certain changes made in the enabling legislation by the General Assembly during the last Session, and by some inconsistencies between the City Code and the State Code. I have attached a copy of the present §21-40.1 for your reference. Two of the proposed changes are necessitated by changes in the enabling legislation, §15.1-11.1, Code of Virginia (1950), as amended, The first changes the definition of "inoperative motor vehicle" to include vehicles which have been totally or partially disassembled by the removal of tires and wheels, the engine, or other essential parts required for the operation of the vehicle, for a period of sixty days or longer. The present Code provides for a period of ninety days or longer. The second change, an important one, includes in the defini- tion of "inoperative motor vehicle" vehicles "on which there are displayed neither valid license plates nor a valid inspection decal." If Council adopts the attached ordinance, it will no longer be neces- sary for enforcement authorities to allow an inoperative motor vehicle to lie in a state of disassembly for a lengthy period of time before acting. It is also proposed to extend the provisions of this ordi- nance to include property zoned Agricultural, as permitted by the State Code. Since the proposed ordinance strengthens the prohibition against storing junked or inoperative vehicles in the open, it should be very helpful in the City's efforts to rid itself of these eyesores. A violation of this section is punishable by a fine of up to $500.00. I recommend the attached ordinance to you. The Honorable Mayor and Members of City Council Page 2 I would be pleased to respond to any questions that the members of Council may have with regard to this matter. With kindest personal regards, I am WCDJr:fcf Attachment cc: W. Robert Herbert, City Manager Sincerely yours, Wilburn C. Dibling, Jr. City Attorney George C. Snead, Jr., Director, Administration and Public Safety M. David Hooper, Chief of Police Ronald H. Miller, Building Commissioner OFF{~N$1~.8---M 18C1~.I -I -&NF-,OU$ § 21-40.1 feet of clear space which is airtight, without first removing the door or doors or hinges from such icebox, refrigerator, container, device or equipment. (b) This section shall not apply to any icebox, refrigera- tor, container, device or equipment which is being used for the purpose for which it was originally designed, or is being used for display purposes by any retail or wholesale merchant, or is crated, strapped or locked to such an extent that it is impossible for a child to obtain access to any airtight compartment thereof. (c) Any violation of the provisions of this section shall constitute a Class 3 misdemeanor. (Code 1956, Tit. XXIII, Ch. 6, § 15) State law reference--Similar provisions, Code of Virginia, § 18.2-319. Sec. 21-40.1. Open storage of inoperative vehicles in resi- dential or commercial districts. (a) It shall be unlawful for any person to keep or store, except within a fully enclosed building or structure, on any property zoned for residential or commercial purposes, any motor vehicle, trailer or semitrailer, as such as defined in section 46.1-1 of the Code of Virginia (1950), as amended. As used in this section, an "inoperative motor vehicle" shall mean any motor vehicle which is not in operating condition or which, for a period of ninety (90) days or longer, has been partially or totally disassembled by the removal of tires and wheels, the engine, or other essential parts required for operation of the vehicle. (b) This section shall not apply to an antique motor vehicle, as defined in section 46.1-1 of the Code of Virginia, nor to a licensed business which, on June 26, 1976, is regularly engaged in business as an automobile dealer, salvage dealer or scrap processor. (c) A violation of this section shall constitute a Class 3 misdemeanor. (Ord. No. 22866, 5-3-76; Ord. No. 27596, § 1, 6-104~5) State law reference--Authority for above section~ Code of Virginia, § 15.1-11.1. 6upp. No. 14 1626.1 July 18, 1986 File #237 Mr. Kit B. Kiser Chairman Flood Plain Committee Noanoke, Virginia Dear Mr. Kiser: A report of the Flood Plain Committee requesting that membership be increased from seven to ten, to allow representation from the Downtown area, the Norfolk and Southern Railway, and one citizen not directly affected by the Roanoke River, was before t~e Council of the City of Roanoke at a regular meeting held on Monday, July 14, 1986. On motion, duly seconded and unanimously adopted, Council con- curred in the request. Sincerely, Mary F. Parker, CMC City Clerk HFP:se cc: Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Room456 MunlclpalBu~lding 215(~hurchAve~ue, S.W. Roanc~e, Vli,~lnla24011 (703)981-2541 Roan6ke, Virginia Julyl~ 1986 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Flood Plain Committee - Additional Members Your Flood Plain Committee voted on June 20, 1986 to request City Council to increase the representation on the Flood Plain Committee by increasing the membership from seven (7) to ten (10). The focus of the discussion was to ask for representation from the Downtown area, the Norfolk and Southern Railway and one citizen not directly affected by the Roanoke River. Respectfully submitted, Kit B. Kiser, Ex-Officio Member & Chairman, Flood Plain Committee KBK:afm CC.' Members, Flood Plain Committee City Manager City Attorney Director of Finance July 18, 1986 File #237 Mr. Lawrence W. Saunders Chief, Planning Division Oepartment of the Army Wilmington District, Corps of P. O. Box 1890 Wilmington, N. C. 28402-189U Engineers Dear Mr. Saunders: I am enclosing copy of Resolution No. 28254, expressing this Council's opposition to any reduction in scope or increase in local costs for the Roanoke River Channel Widening Project, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 14, 1986. Sincerely, ~lary F. Parker, CMC Cfty Clerk MFP:se Enc. Room 456 Municipal Building 215 (~urch Avenue, S.W. Roonoke, '~rginla 2401 t (703) 981-2541 Ofl~e of ~he O~y Oerk July 18, 1986 File #237 Mr. W. Robert Herbert City Mana§er Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 28254, expressing the Council's opposition to any reduction in scope or increase in local costs for the Roanoke River Channel Widening Project, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 14, 1986. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Eric. cc: Mr. Kit B. Virginia Mr. Wilburn Mr. Joel M. Kiser, Chairman, Flood Plain Conlmittee, C. Dibling, Jr., City Attorney Schlanger, Director of Finance Roanoke, Room 456 Municipal Building 215 C~urch Avenue. S.W. I~oono~e, Vlrglnlo 24011 (703) 98'1-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of July, 1986. No. 28254. A RESOLUTION expressing this Council's opposition to any reduction in scope or increase in local costs for the Roanoke River Channel Widening Project. WHEREAS, the Roanoke Valley River Channel Widening Project as has been clearly demonstrated most recently by the disastrous flooding which occurred in November, 1985; and is in urgent need of the Roanoke originally proposed which need of the project has sub- non-federal project of Engineers has recently proposed a further reduction in scope and increase in the non-federal costs of the project, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council hereby opposes any reduction in the scope of the project or increase in non-federal costs and urgently requests that the scope and federal funding for the pro- jeet be the maximum allowed by law as more particulary set forth in the report to this Council dated July 14, 1986; BE IT FUI{'rHER RESOLVED that the City Manager is authorized and directed to present the City's position on this project in writing to the United States Army Corps of Engineers and other appropriate parties and to take such further action as he may WHEREAS, the original proposed scope sequently been reduced and the projected costs have been increased; and WHEREAS, the United States Army Corps deem necessary to secure approva! for the project in accordance with this resolution. ATTEST: City Clerk. Roanoke, Virginia July 14, 1986 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Roanoke River Channel Widening Project Your Flood Plain Committee met on June 20, 1986 to consider the attached agenda items. Also attached is an attendance list for that meeting. The attached staff report entitled "Increasing Local Costs and De- creasing Benefits for the Roanoke River Channel Widening Project" was discussed in length. Your committee agrees that the City must take a position against escalating local cost. The Committee concurred, on a 4 - 2 vote, to recommend that Council approve the recommendation in the staff report and notify the Corps of Engineers that the City is still interested in the project and it wants the local costs and benefits in keeping with the originally recommended Corps of Engineers project as presented at the public hearing on Novem- ber 2, 1983, less the flood warning system, which is proceeding on a separate track, which would now set the non-federal share at approxi- mately $6,600,000. The minority view would notify the Corps of Engineers that the City's position on non-federal support is limited to the November 1985 letter of intent (then projected to be $7,800,000) which after adjustments is now Page 2 estimated at $7,200,000 but that the Federal Government still fund their previously indicated share of the pedestrian bridges and flood proofing of the Roanoke Memorial Hospital and Sewage Treatment Plant. The Committee also recommends that a copy of the letter that is authorized to be sent to the Corps of Engineers be sent to the City's Elected Representatives with a cover letter soliciting their support. Respectfully submitted, Kit B. Kiser, Ex-Officio Member & Chairman, Flood Plain Committee KBK:afm Attachments CC: Members, Flood Plain Committee City Manager City Attorney Director of Finance FLOOD PLAIN COMMII-~EE MEETING June 20, 1986 AGENDA Roll Call Discussion of Staff Report - Increasing Local Cost and Decreasing Benefits for the Channel Widening Project Committee Membership River Parkway Project - COE Coordination with Channel Widening Project 5. Questions and Comments from the Committee Members FLOOD PLAIN COMMITTEE MEETING June 20, 1986 SIGN-IN SHEET INTERDEPARTMENT COMMUNICATION DATE: TO: FROM: June 9, 1986 t~ Members, Flood Plain Committee thru W. Robert Herbert, K. B. Kiser, Director, Utilities & Operations Subject: Increasing Local Costs and Decreasing Benefits for the Roanoke River Channel Widening Project I. Background: This Committee met on August 25, 1982 to discuss the need for a letter of intent to be a local sponsor for the project, then envisioned to comprise of some 16 miles of the river. Non-federal local share from Roanoke City citizens estimated at that time was $4,600,000 project cost and some $40,000 per year maintenance cost. City Council authorized that letter of intent on September 27, 1982. Bo Committee met again on November 1, 1983 and attended a public meeting sponsored by the Corps of Engineers on November 2, 1983. Conclusions of those meetings were: 1. Plan had been reduced to the 10 miles within the City of Roanoke. Roanoke needed to be the local sponsor for $7,535,000 non-federal project cost and $82,000 per ye~~ed maintenance cost. These costs were preliminary sub- ject to refinement per (C.) below. 1984 local (non-federal)costs per revised letter of intent was $7,211,100. Decision to proceed with the flood warning system following the November 4, i985 flood reduced the 1984 estimate to $7,000,000. Revised letter of intent was requested per fact sheet dated November 15, 1985, copy attached, and required the City to put up $1,023,000 in cash and raised the total non-federal share fro~,O00,O00 to $7,900,000. City provided that letter of intent to be the local sponsor on December 2, 1985. Page 2 Eo Project was delayed for a few months until the Corps of Engineers received Continued Planning & Engineering (C.P.&E.) funds, pri- marily through the interests of The Honorable Paul S. Trible, Jr., United States Senator, The Honorable John Warner, United States Senator, and The Honorable Jim Olin, United States Congressman. These C.P.&E. funds were ultimately secured. II. Current Situation: A. City has received the attached letter, dated April 29, 1986, to Mayor Taylor which proposes: Local share be increased to pay all costs for flood proofing the Sewage Treatment Plant and Roanoke Memorial Hospital for a total local project cost of $8,400,000 Eliminate bridge access to recreation areas, thereby requiring these bridges to be wholly local costs if construc- ted 466,000 3. Design and construction administration cost of items above - estimated at 12% ~onstruction cost 128,000 $8,994,000 B. Net effect is to raise the non-federal cost from $7,900,000 to $8,994,000. C. Letter to Masor Taylor requests the City's comments as soon as possible regarding these latest suggested modifications. III. Issues: A. Level of flood protection B. Benefit cost ratio C. Current project support D. Annual maintenance cost E. Ab__iJity to pay non-federal costs IV. Alternatives: A. No continued support for the now envisioned scaled down project which provides: i. No flood proofing of the Sewage Treatment Plant except at local cost. ii. No flood proofing of Roanoke Memorial Hospital except at local cost. Page 3 iii. Reduced recreational access opportunities by eliminating three pedestrian bridges for river crossings for the 9 mile bike and hiking trail. iV. Limited capacity one lane bridge replacements for two low water, currently two lane bridges, along Wiley Drive. Best "structural" protection remaining in the pro- ject for federal funding is perceived to be the training walls along Cleveland Avenue, Franklin Road to Jefferson Street and Mennel Milling main building to Walnut Avenue, two of which proposed walls would have been flooded by approximately 3 feet in the 1985 flood. These walls are not perceived to be dikes but walls to direct the force of the water. Areas will still be flooded. vi. Federal project cost will still provide for 0 to 4 foot stage reduction at the 100 flood level due to channel widening. These profiles can be ex- amined by reviewing Plates A-37 thru A-41 of the final interim feasibility report, dated January, 1984. Level of flood protection would be zero if there is no project excepting if individual property owners, e.g. Roanoke City at the Sewage Treatment Plant and Roanoke Memorial Hospital, proceed to provide their own flood proofing protection. 2. Benefit cost ratio becomes a moot point. 3. Current project support would not be given. 4. Annual maintenance cost now projected at $86,000 per year and climbing would be avoided. Ability to paS non-federal costs now estimated to be approximately $9,000,O00, including land which may be donated, would become a moot issue. City insist on the project scope and federal funding to the maximum allowed by law per the 1983 scope and original letter of intent once the project has been scaled to a 10.4 mile project excepting for those elements deleted in thei. r en- tirety, e.g. training wall at Hooker Furniture Company at their election and flood warning system which is proceeding on separate track. This would mean re-establishing at pro- ject cost (federal participation) the following elements: i. Flood proofing of the Roanoke Sewage Treatment Plant to a 100 year flood level. Page 4 Co ii. Flood proofing of Roanoke Memorial Hospital to a 400 - 500 year level. iii. Replacing Wiley Drive low water bridges with two- lane restricted weight bridges instead of one-lane restricted weight bridges. iv. Constructing three pedestrian bridges over the river for the hiking and bike trail. Vo Deleting the requirement that the local sponsor con- tribute $1,023,000 in cash in addition to normal, and then existing, cost sharing formulas in 1983. Level of flood protection would be between the 4 year storm level to the 500 year storm level with host protection, ex- cepting Roanoke Memorial Hospital and the Sewage Treatment Plant, being in the range of 15 - 25 year storm protection range. 2. Benefit cost ratio, at one time projected to be 1.4 to 1.0, will need to be recalculated. 3. Current project support will have to be modified to support the 1983 project. 4. Annual maintenance cost will be a local requirement. Ability to paS non-federal costs will be more realistic in the $6,600,000 (1983 dollars) range, including land to be donated rather than $9,000,000 (1985 dollars). City advise the Corps of Engineers that it still supports the project at the revised/scaled down version. Level of flood protection remains constant only if the Sewage Treatment Plant and Roanoke Memorial Hos- pital flood proofings are provided at wholly non- federal costs. Benefit cost ratio is still projected at 1.4 to 1.0 onlS if wholly local efforts provide flood proofing at the two previously named facilities. Benefit cost ratio without flood proofing the Sewage Treatment Plant ane Moanoke Memorial Hospital and without en- hanced recreational access will have to be re- -- determined. -- Current project support would be given. Annual maintenance cost would be assured to be local costs. 5. Ability to paS non-federal costs is verS questionable. Page 5 Vo Recommendation: Committee advise City Council to authorize a letter to the Corps of Engineers, with a copy to and request of support from our Federal Elected Representatives, to the extent that the project scope projected by the April 29, 1986 letter cannot be supported in accordance with Alternative "A" but the City supports and urgently recommends the project in the context of Alternative KBK:afm Attachments cc: Honorable Mayor and Members, Roanoke City Council DI3TRICT: NILMINOTOIf DATE: 15 Nov,-bor 1985 1. ~B~-' Roanoke River Upper Basin, ¥irgisia, Head, stero A~ea 2. Activity: Continuation of Planntn~ and Engineerin~ (CPiE). 3. Authorizine Eanort aP Status of Stud-: Aa lnterta surve~ report was ooapleted in ~arch 198# and ts now being processed at the Washington leval. Zt reooumenda the ~npleaentation of measures to reduce flood damages tn the Roanoke, Virgisia area by about 50 percent. The reoounended plan and interim report were revised to delete Improvements tn the city ac Sales due to lack of local anpport. 4. Protect Desc~iotton and Justificatic=: The proposed flood control project is located on the Roanoke River in the city aC Roanoke, Virginia. The re--ended plan includes about 10 niles of channel widening through the city ac Roanoke. ~annol widening will be aooomplt--hed with the construction ac a benched channel above the elevation ac avcrage streamfloe. Other flood da~nge reduction features include rloodprooftng at two locations, training wails to prevent floodYater intrusion Into low areas along the river (total len~ch of 6,550 feat), replaoeaent ar ~eo low-level bridges which constrict streaaflows, and a flood warning systeu. Recreation facilities consist of a 9-nile multipurpose trail along the project reach and access and picnic areas. 5. S'm"n~"ized Financial Date (October lqa~ Pice level): Project Traditional Cost-Rh~.in. Proposed Cost-~ha~J.= First Cost Federai Non-Federal Federal Non-Federal ~000 *000(~) SOOOf~) S000f$) S000(~l 6,368 Non-structural Features 958 Other Construction 13,142 Cash COntribution SUBTOTAL FLOOD CONTROL FEATURES 20,468 RECREATION FEATURES 766 (80) 13,1q2 (100) 6,368 (100) 192 (20) 13,908 6,560 ~72 ( 50) 472 ( 50) 'TOTAL FIRST COST 21,412 lq,380 ROUNDED FIRST COST 21,~00 14,400 · LF~R = Lands, casements, rights-of-way, 7,032 7,000 and relooations 6,368 (100) 13,077 7,391 472 (50) 472 (50) 13,5~9 7,863ms 13,500 7,900 me Local interests are required to provide LE~R ($6,368,000), a cash contribution ($1,023,000) equal to § percent of the cost of the flood control features, and 50 percent of the cost of recreation features ($472,000). Roanoke R~ver Uppe~ Ban4n~ ¥~r~ta~ Head~ate~s trea - Continued FZood Contro~ $2,210 Rem'e~tion ;7~ ?ota~ 02,783 R/C Ratio at 8-5/8~ 1.4 7. ~t~: The c~ty of Rcenoke, V~r~t~ta is the project sponsor. By (~tty Council resolution in April 198#, the arty reaffirmed its w~ll~n~ness to asa,--e non- Federal costs. An updated letter of assurance will be required. The costa provided in this fact sheet a~e prel:'us~.nary and are subject to chanse dur~.n~ detailed design. IN REP~Y REFER TO Plan.~ng Division Honorable Noel Taylor Hayor off Roanoke Municipal Bu//dlng 215 Church Avenue, $. W. Roanoke, V/rsln/a 24011 Copies hand delivered to Mr. Herbert and Mr. Kiser. May 2, jas ~ ~ ~ DEPARTMENT OF THE ARMY WILMiNGTON*DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 Apr// 29, 1986 Dea~ )~'or Taylor: The report on the Roanoke River Upper Bas/n, V/rglnla, Head. abets Area project, involving tmprove~ents fo~. ~lood d~e reduction ~o~ the app~ox~tely ~0 ~es of Roanoke R~ve~ er~ly wlthtn ~he l~t~s of the olty of Roanoke, has ~en mlb~ed to Co.ess fo~ author~atlon. A oo~ of ~be letter of ~sml~ ls en~osed (en~osu~e 1). As expla/ned in tbs paragraphs below, the plan recommended to Congress by the Ass/stant Secretary of the Ar~y (Clv// Works) Ks dlffferent ffrom the plan ee have recently been discussing (Plan Recommended tn the Chief o~' Engineer's Report). The net effect thls change In the recommended p/an is to de/ets the recreation bridges From the proposed project and to increase the non-Federal share o~ the project cost by $~1~,000 under the proposed cost shaPlng arrangements and by $28~,000 under traditional cost sha~- trig arrangements (October ~985 price level). Enclosure 2 provldes a compaq/son of the cost sharing requirements for each of these plans, flor both traditional cost sharing arrangements and flor proposed cost sha~tng arrangements no~ belng considered by Congress. The cost estimates sho~n in enoAosuve 2 have been updated to a current pr/ce lnvel (October The Assistant Seeretar7 of the Ar~y (Civil Works) has determined that the proposed t~/ood proofing at Roanoke Memorial Hospital and at the Roanoke S~e ~ea~ent Plant ($60~,000 a~ Oetobe~ 1983 pries lev~ and $5~7,000 at 0etobe~ ~986 p~toe lev~) shoed be 'accomplished entl~y ~ the faculty ~ne~s. ~ese measures w~l ~atn in tbs p~oJect ~ but w~l ~ at 100~ ~o~ Fede~ cost. As sh~n tn en~os~e 2, thls w~l increase ~he non-Feder~ shoe of pmoJeo~ eos~ by $647,000 unde~ the p~o~sed ~os~ sh~t~ a~g~ents o~ ~ ~517,000 unde~ t~adltto~ cost ~sha~ing a~rangements. If the city of Hoanoke wishes, we cam deeiga and construct these flood proofing measures, but all costs would be reimburseable by the project sponsor (city of Roanoke). The sponsor or the faeiliby ownsrs could also design and construct rheas mea~u~es, but all such work must be at no cost to the Federal Oover--uent. It is important that you let ua know which option you choose so that we can proceed with cartainby on the design of the overall project. The A.~A (Civil Works) also deleted the three pedestrian bridges from the recreation component of the overall plan because e...access to proposed recreation trails on each side of the River is avm~l able fron adjacent streets, and bridges are not included in our list of acceptable facilities for this type of project .... " The city of Roanoke or other interests may wish to pursue design and construction of these bridges. However, the bridges have been removed from the recommended plan, the estimated project first cost has been reduced accordingly ($466,000 at an October 1986 price level), and no further involvement by the Corps of Engineers is contemplated. As shown in enclosure 2, this will decrease the non-Federal share of the project cost by $233,000 under both the proposed and traditional cost sharing arrangements. It is re- quested that you inform us as to whether or not you will pursue design and construction of the pedestrian bridges so that this can be coordinated with our overall project design. Please let us know, at your earliest convenience, your views and plans regarding each of these modifications to the proposed project. If you wish to discuss this further, please call me at 919-343-~925. Sincere~l~Y, ~ Chief, Planning Division Enclosures DEPARTMENT OF THE ARMY OFFICE OF THE ASSISTANT SECRETARY WASHINGTON, DC 20310-0103 APR tF~o Honorable Robert T. Stafford Chairman Committee on Environment and Public Works United States Senate Washington, D. C. 20510 Dear Mr. Chairman: I am transmitting herewith a report dated August 5, 1985, from the Chief of Engineers, Department of the Army, on Roanoke River Upper Basin, Virginia, together with other pertinent reports. These reports are in partial response to a resolution adopted June 3, 1970, by the Committee on Public Works, United States Senate. The views of the Governor of Virginia, the Departments of the Interior, Agriculture, Transpor- tation, and the Environmental Protection Agency, are set forth in the enclosed communications. Pertinent replies by the Chief of Engineers are also enclosed. The plan concurred in by the Chief of Engineers consists primarily of channel improvements and other measures to reduce flood damages along 10 miles of the Roanoke River. The plan includes separable, individual floodwalls to provide additional protection to a hospital and to a portion of a sewage treatment plant. It also includes construction of three pedestrian bridges over the Roanoke River in connection with a proposed recreational trail system. In addition to channel improvements which will lower flood levels, the report recommends a 210 lineal foot concrete floodwall around the riverward side of the Roanoke Memorial Hospital and four concrete floodwall segments (total length of 1,100 feet) along the Roanoke Sewage Treatment Plant to further reduce damages to these facilities. Since these measures costing an estimated $604,000 would protect only the named facilities and there are no problems associated with allocating costs among beneficiaries, this work should be accomplished entirely by the facility owners. CF: Wilmington District w/cy OMB cmts & dtd COE rept. - 2 - With respe¢t to the three pedestrian bridges, Federal participation in their construction would be an undesirable expansion of our policy to participate in limited recreation development on lands acquired for construction of channels and levees at local protection projects. Since access to proposed recreation trails on- each .-side of the__Ri.v._er._is._av_ai_la~.!e_f_~om a.d_.jacent streets and bridges are not included ~n ~k--1-{'F~--Bf ................ ___acceptabl~ fa~- ~ ~ ~ ~ ~ three bridges costing an estimated $450,000' should be deleted from the plan. I concur with the plan recommended by the Chief of Engineers, subject to deletion of Federal participation in the floodwalls and pedestrian bridges noted above, and to enactment of generic cost sharing legislation. The Office of Management and Budget advises that there is no objection to the submission of this report to the Congress and that the Administration supports authorization of the project for construction in accordance with the above recommendations, contingent upon passage of cost sharing legislation consisten~ with Administration policy. A copy of its letter is enclosed. '- Sincerely,' Robert K. Dawson Assistant Secretary of the Army (Civil Works) Enclosu res DEPARTMENT OF THE ARMY OFFICE OF THE ASSISTANT SECRETARY WASHINGTON, DC 20310-0103 RECORD OF DECISION Roanoke River Upper Basin, Virginia We have reviewed the Corps of Engineers feasibility report transmitted by the Chief of Engineers on August 5, 1985, and the environmental impact statement addressing the need for flood protection.~at Roanoke, Virginia. Based on this review_.. and the views of interested agencies and the concerned public, we find the plan recommended by the Chief of Engineers, with the exceptions noted below, to be economically justified and in the public interest. The plan of improvement recommended by the Chief of Engineers includes the following flood control and recreational features: o 10 mil.es of channel improvements o four low-level training o two highway bridge replacements o flood warning system o nine mile recreational trail system with attendant, picnic tables and parking/access area The Chief of Engineers recommended Federal participation in flood damage reduction measures to floodproo f a hospital and a portion of a sewage treatment plant and in construction of three pedestrian bridges for recreation. However, since the floodproo f measures would protect only the above facilities and there are no problems associated with allocating costs among beneficiaries, this work should be accomplished entirely by the facility owners. Also, Federal participation in the construction of the pedestrian bridges is an undesirable expansion of our policy to participate in limited recreation development at local protection projects. Therefore, we have not concurred with Federal participation in implementation of these features. A range of structural and nonstructural alternatives including a "no action" alternative are identified and discussed in the report. After initial screening, thirteen alternatives were selected for detailed evaluation. The District Engineer selected the environmentally oriented NED plan alternative. "-Tecf~n ica 1 and economic criteria used in the formulation of alternative plans Were those specified in the Water Resources Council's Pr inciples and Guidelines. The Corps of Engineers considered applicable laws, executive orders, regulations, and local government plans in evaluating the alternatives. They found that the benefits to be gained with construction of the recommended project outweigh any adverse effects. Based on our review of these evaluations, we have recommended that the Congress authorize the plan selected by the Chief of Engineers subject to the exceptions noted above. Assistant Secretary of the Army (Civil Works) -2- EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET WASHINGTON. D.C. 20503 March 10, 1986 Honorable Robert K. Dawson Assistant Secretary of the Army for Civil Works Room 2E570 - Pentagon Washington, D.C. 20310 Dear Mr. Dawson: We have completed our review of the report and your recommenda- tions on Roanoke River Upper Basin, Virginia, as required under Executive Order 12322. The Office of Management and Budget does not object to your submitting this report to Congress. The Administration supports authorization of the project for construction in accordance with your recommendations, contingent upon passage of cost-sharing legislation consistent with Administration policy. Associate Director for Natural Resources, Energy and Science DAE N - C W P - A SUBJECT: Roanoke River DEPARTMENT OF THE ARMY August 5, Upper Basin, Virginia 1985 THE SECRETARY OF THE ARMY 1. I submit for transmission to Congress my report on Roanoke River Upper Basin, Virginia. It is accompanied by t,~e reports of the Board of En~gineers for Rivers and Harbors and the District and Division Engineers. These reports are in partial response to a resolution adopted 3 June 1970 by the Committee on Public Works of the United States Senate. ~he Committee requested the Board of Engineers for Rivers and Harbors to review the report on the Roanoke River Basin, with particular reference to providing for the integrated and optimum development of the water resources of the Roanoke Rive~- Upper Basin. 2. The District and Division Engineers recommended authori- zation of a flood damage reduction plan for the Roanoke River in the City of Roanoke, Virginia. The plan consists of about 10 miles of channel widening, which would be accomplished by excavation of a "benched" channel adjacent to the existing channel. This channel design would eliminate substantial rock excavation, thus reduce cost; restrict widening, thus enhance bank stability; preserve the existing sediment trans- port capability; preserve the stream habitat; and improve pedestrian access and recreational value by virtue of the grassed bench (see attached figure). Flood control improve- ments would also include an earthen levee, three concrete floodwalls, floodproofing of the Roanoke Sewage Treatment Plant and the Roanoke Memorial Hospital, and a flood warning system. Recreation improvements would include a 9-mile-long hiking and biking trail, three pedestrian bridges, 14, picnic tables, and two areas for parking and public access to project lands. Two highway bridges would be replaced and native trees and shrubs would be planted along the channel on project lands. bAEN- CWP-~' SUBJECT: Roanoke River Upper Basin, Virginia 3. The Board of Engineers for Rivers and Harbors concurs in the views and recommendations of the reporting officers. The Board finds that the improvements are economically justi- fied, technically sound, and environmentally acceptable. Based on October 1984 price levels, the first cost of the recommended plan is $20,905,000. Average annual costs, based on an interest rate of 8-3/8 percent, and a 50-year period for economic analy- sis, are $1,947,000. Average annual benefits are $2,739,000 and the benefit-cost ratio is 1.4. The Board further recommend% the plan subject to cost-sharing and financing arrangements satisfactory to the President and the Congress. 4. I concur in the findings, conclusions, and recommendations of the Board. 5. The recommendations contained herein reflect the informa- tion available at this time and current Departmental policies governing formulation of individual projects. They do not reflect program and budgeting priorities inherent in the for- mulation of a national Civil ~brks construction program nor the perspective of higher review levels within the Executive Branch. ConseQuently, the recommendations may be modified before they are transmitted to the Congress as proposals for authorization and/or implementation funding. Lieutenant General, USA Chief of Engineers Enclosure -2- ROANOKE RIVER UPPER BASIN TYPICAL EXISTING CROSS SECTION ~ORIGINAL FLOOD FLOW ~/// ~NEW FLOOD FLOW -- ,ow TYPICAL "BENCHED" CROSS SECTION ROANOi~E RIVER UPPER RASTN. VTR~TNIA~ HF..Ar~ATI~R.~ Al?PA ~MMAEIT. ED FINAN~TAI. DATA (O~tohsv lq86 Pr.:t~e Level) Project Traditional First Cost Federal Non-Federal Federal Non-Federal Plan Reaom~ended in the ~RA LERRs 6,~71 Nonstructu~a~ at Hospital and Sewage Plant Nonstructural - Flood Warn/n~ 326 261 Chanael/Train/ng Walls, etc. 13,352 13,352 Cash Contribution SUBTOTAL FLOOD CONTHO~ 20,796 13,613 Recreation - Bridges Recreation - Other SUBTOTAL m~CHEATION TOTAL FIRST COST Rounded First Cost N/A N/A ~q~ 227 ~9# 2~7 21,290 13,860 21,300 13,900 6,#71 6,q71 6~T 65 1.0~oe~ 7,183 12,638 8,158 N/A N/A N/A 2#7 2~7 2q7 7,~30 12,885 8,~05ae 7,qO0 12,900 8,~00 Plan Recommended in the Chief of En=tnee~s Report LERR* Nonstruetural at Hospital and Sewage Plant Nonstructural - Flood Warn/ng Channel/Tralnir~ Walls, etc. Cash Contribution SUBTOTAL FLOOD CONT~O~ Recreation - Bridges Reereation - Other SUBTOTAL ~EC~EATION TOTAL FIRST COST Rounded First Cost 6,q71 6q7 517 326 261 13,352 13,352 20,796 lq,130 q66 233 4q4 960 ~80 21,756 14,610 21,800 14,600 6,~71 130 65 6,~71 1.020*es 6,666 13,285 7,511 233 233 233 2q7 2~? 2~7 480 480 q80 7,1~6 13,765 7,991es~ 7,200 13,800 8,000 SLERR = Lands, easements, rights-of-way, and relocations sewith proposed cost' sharin8, the plan recommended to Con~ress by the A~A (Civil Works) r~uires that lo~1 interests pr~lde LEER ($6,~71,0001 a cash contribution ($1,040,000) equal to 5~ of the cost of the flood control feat~es, ~1 of the ~st ~ ~truct~ measles for the Roanoke Hospit~ ~ ~e S~a~e Treatment Pl~t ($6~7,000), and 50~ of the cost of recreation rear.es ($2~7,0001. · m~ith pro~sed cost ~, the plan reco~ended Zn the ChZef of E~er's Re~rt r~res that lo~ interests pr~ide LERR ($~,47],0001, a ~sh ~ntr~bution ($~,040,0001 ~u~ to 5~'~ the ~st of the fled control rear.es, ~d 50~ of the cost of recreatZon rear.es ($480,0001. Date: 29 April 1986 July 18, 1986 File #22 Mr. ~. Robert HerOert City Manager Roanoke, Virginia Oear Mr. Herbert: I am attaching copy of Ordinance No. 28217, authorizing the proper City officials to enter into a five-year lease between the City and the Virginia State Department of Health, for use of the Health Center Facility and surrounding property at Campbell Avenue, S. W., and 8th Street, S. ~., upon certain terms and con- ditions, which Ordinance was adopted by the Council of the City of Roanoke on first reading on Monday, June 23, 1986, also adopted by the Council on second reading on Monday, July 14, 1986, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Enc. cc: Or. M r. E. J. Clarke, Jr., Oirector, Health Oepart~ent Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. Charles M. Huffine, City Engineer Mr. Richard V. Hamilton, Real Estate Agent MS. Deborah J. Mos~, Chief, Bi~s and Collectio~ *Added to carbon copi~ on November 16, 1987. Room456 MuniclpalBuilding 215 0nur~h Avenue, S.W. Roanoke, Vlrginla24011 (703)98t-254t IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of July, 1986. No. 28217. AN ORDINANCE authorizing the proper City officials to enter into a five-year lease between the City'and the Virginia State Department of Health, for use of the Health Center Facility and surrounding property at Campbell Avenue, S.W., and 8th Street, S.W., 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 hereby authorized to execute and attest, respectively, for and on behalf of the City of Roanoke, a lease in such form as is approved by the City Attorney, with the Virginia State Department of Health, for use of that certain lot or parcel of land situate in the City of Roanoke on the southwest corner of Campbell Avenue, S.W., and 8th Street, S.W., together with the building located thereon, known as the "Health Center Facility," for a period of five (5) years at an annual rental rate of $36,000 for year 1, $38,250 for year 2, $40,500 for year 3, $42,750 for year 4, and $45,000 for year 5, with lessee to bear the expense of electricity and water for said premises, as more fully set forth in the report to this Counci! dated June 23, 1986, said lease period to commence July 1, 1986 and end June 30. 1991; such lease to contain such other terms and conditions as are approved and required by the City Manager. ATTEST: City Clerk. Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Lease Renewal Health Department Roanoke, Virginia June 23, 1986 I. Background: City Council authorized the renewal of the lease of the Health Center Facility to the State Department of Health for a five (5) year term (July 1, 1981, thru June 30, 1986) by Ordinance No. 25561, dated May 4, 1981. B. State law, enacted in 1980, eliminated automatically renewable leases by state agencies. C. City lease time limit is five (5) years without advertisement. De Health Center was originally constructed in 1951 at a cost of $400~901.55 using Federal Hill-Burton funds. The City paid 33.5 percent of that cost. II. Current Situation: A. A new lease has been submitted by the State Department of Health. Rate structure has been revised in proposed new five (5) year lease (attached) to provide for increases in City main- tenance costs. III. Issues: A. Timin~ B. Income to City IV. Alternatives: City Council authorize the appropriate City officials to exe- cute a new lease agreement with the State Department of Health, with a five (5) year term, at a differential scale of payments (shown in the attached lease document) which will produce $36,000.00 in lease payments the first year. Page 2 1. Timing to provide finalized lease as near as possible to the beginning date of July 1, 1986 is met. 2. Income to City is $202~500.00 for the five (5) year term of the lease. B. City Council not authorize the execution of a new lease agreement. 1. Timing for renewal of lease is disrupted. 2. Income to City is zero until some subsequent nego- tiations produce a lease for the facility. Recommendation: City Council authorize the appropriate City Officials to execute a new five (5) year lease agreement with the State Department of Health for their use of the Health Center Facility with the following rate schedule: 1st year $36~000.00 2nd year $38,250.00 3rd year $40~500.00 4th year $42~750.00 5th year $45,000.00 WRH/RVH/mm Attachments cc: City Attorney Director of Finance Respectfully submitted, W. Robert Herbert City Manager E. J. Clark, Jr., M.D., Director, Health Department Lease NO. 601 L 247 LEASE This DEED OF LEASE, entered into this ..~.9..d. ......... dap of June , 9 86 Cit of Roanok by and between ............... ~ ...... e referred to as the /.~'~or, anc~'i~;;'Vi'i~:~i';"~';~:~;":=~':'~'~;:='=' ........ pa.~ of the fi.t part, hereinafter WITNESSETH That the ~M Lesaor doth let and demde unto the said Lessee, tbo following prc~rty, t~wlt: That certain parcel of land situated in the City of Roanoke, Virginia, on the southwest corner of Campbell Avenue, 8W and 8th Street, SW together with the building located thereon, known as the "Health Center Building". (18,000 square feet) The herein described property and premises are hereby leased to be used and occupied by Lessee for its !heg~ns~n~ ~gents for such purpose or ~urpases as the Lc.ce may now or hereafter the , m any or all of the undertakings of the Lessee and its agent or a~liates, be empowered by law to use This Ieee shall commence on the . ..~-.~.t~..._. day of .......~-9.~ .................... 19.~.~.., and extend for a period during the said term the rental of $202,500 dollars quarter.g :ached schedule of payments, at the end of each (Show above: "monthly, at the end of each month," or "quarterly, at the end of each quarter.") 1. The Lessor covenants and agrees: (a) To deliver quiet possession of said premises to the L~ssee on the e~eetive date of this lease; (h) To deliver the said premises in good repair suitable to the use for which they are leased and ~varrants upon the premls~s are in good repair and working order. * (c) To keep the said premis~ and all plumbing, heating, airconditloning, electrical and mechanical devices and appliances of every nature upon the premises in good repair and in working order at the expense of the Lessor during the tenancy of , thru Lease ar~kl~l~l~:le~le~xlklll~ikk~l~Xltlex~ml~c:~cxg~k~ (d) If the said premises are damaged by fire or otherwise, but not so as to render the premises un enantab[e, upon being notified so to do by the Lessee or its duly au:ho zed agent, to repair and restore, as promptly as possible, the said premises to their former condition, in ~'hich event there shall be a prorata abatement of the rent for the period during which the said repairs and restoration arc being completed, for that portion of thc premises not usable by the Lessee during such period; (c) That in the event of the failure of the Lessor to make such repairs and restoration within a reasonable time after notice, then the Less_-e may terminate this Lease or proceed to make, or cause to be made. such repairs at the expense of the Lex~or and deduct the cost thereof from ensuSng rentals as they become due or collect such cost frown the Lessor in any manner which may be provided by law; (f) To equip and make such alteratlons and additions to the said premiss and the equipment therein belnn~ ins to the said Lessor as shall be necessary at all times to compIy with the provisions of Federal. State (g) That the Lessee may make such a[terations and additions to the said premises during the term of Lease as the Le-~see may deem proper with written approval of the Lessor, and that the Lessee may ;nstall fi×tufts, partitions, and make such other improvements as the Lessee that the title and ownership of such materials as may be used may deem proper or necessary, and . in such alteratlons and add{6ons, and all fixtures, partitions, and other ~mprovements made or installed by the Lessee, shall remain the property the Lessee, and upon the termination of this Lease, the Lessee may, at its option, remove the same. 2. The Lessee covenants and agrees: (a) To pay the rent herein provided for in the · ~ade therefor by the Lessor; manner herc~n prowded, without the necesaky of demand being (b) At the termination of this Lease, to deliver pe:~cefully the said premises in as good order and repair as the same was at the beginning of this Leas~, reasonable wear and tear excepted, subject to the agree- men: of the Lessor to make repairs and restoration as elsewhere herein provided; (c) That the Lessor, his agents or assigns, may show the premises to prospective purchasers, during the busi- ness hours maintained by the Lessee. and at such other times during this tenancy as the Lessee may permit: and water for said premises. 3. It is mutually covenanted and agreed by the L~s~r and the Lessee: (a) That for the purl~ of this Lease, it is mutually understood and agreed that where the words "repairs" and/or "restoration" are u~ed, the same shall be deemed to include the replacement of broken glass; (b) That if the s~id premises be so damaged by fire or otherwise as to render the same, in the opinion of the Les~e, untenantahle, this Lease shall immediately terminate; served upon the L ..... itl l ......... d the r ..... hereby d~i~n:,r~ ~sl~3ct H~als~..pt~yto~ IN x, VITNESS %VHEREOF. the parties hereto ha~e affixed their ~gnat~tres and seals. Th~s lease arrangement is recommended t~is 2nd day of Jur~e 19 ~. Loca Hea th Director or (Dh'islon .f Engineering and Buildlngs3 IHea[th Department Division Director) .................. (SEAl.) (Director nf Administration, Virfflnla tirade Department of Health) ................... (SEAL) (SEAL) Attest: ......................... (2) ROANOKE CITY HEATLH DEPARTMENT ~CHEDULE OF PAYMENTS July 1, 1986 - June 30, I991 1st Year = $36,000 ($2.00 per sq. ft.) $ 9,000.00 quarterly 2nd Year = $38,250 ($2.125 per sq. ft.) $ 9,562.50 quarterly 3rd Year = $40,500 ($2.25 per sq. ft.) $10,125.00 quarterly 4th Year = $42,750 ($2.375 per sq. ft.) $10,687.50 quarterly 5th Year = $45,000 ($2.50 per sq. ft.) $11,250.00 quarterly CARDINAL CURB PAINTING ~ 0, BOX 8115 ROANOKE, VIRGINIA 24014 June 12, 1986 W. Robert Herbert City Manager Municipal Building 215 W. Church Street Roanoke, Virginia 24011 Dear Mr. Herbert, Thank you for considering my proposal to conduct business in the city of Roanoke. I feel confident the following outline will provide you an understanding of its operation. Cardinal Curb Painting was founded with the goal of improved community safety foremost in mind. It has been a proven and long accepted fact that painting the home address on the curb aids Police, Fire and Rescue Squads in identification of a residence. To inform citizens of this opportunity, Cardinal Curb Painting distributes leaflets, placing them on the front doors of curbed resi- dences. The leaflets describe the physical characteristics of the work to be done, state an approximate time by which the work will be com- pleted, lists the benefits of having the residence number prominently displayed, address the aspects of billing and payment and request the resident's name,address, and signature. When a resident requests the services to be performed he or she simply returns the completed leaflet to their front door from where it is collected the day following its distribution. In the event a citizen prefers not to have the house number painted he or she simply removes and disposes the leaflet. When the completed leaflets have been collected a paint crew consisting of two men will complete the work quickly, quietly, and professionally. Afterwards, a self addressed envelope for payment is placed on the resident's door. This affords the occupant time to inspect the work and assure himself or herself of satisfaction before payment is made. I sincerely hope the outline has answered whatever questions you might have had concerning my business. Enclosed please find a copy of the above mentioned leaflet. Please give this matter your immediate attention. I look forward to serving the citizens of Roanoke City. GT/ptt Enclosure cc. Mr. George Snead Si~cerelz, w~/d~eg Turner ~ Cardinal Curb Painting Office of the Ci~ Manager June 20, 1986 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: In October of 1983, the City Manager denied Cardinal Curb Painting the right to work the public right-of-way painting house address numbers on curbsides in the City. On June 12, 1986, Cardinal Curb Painting again requested permission from the City Manager's Office to work in the public right-of-way and paint address numbers on the curbside. The attached letter is self-explanatory and provided to Council for information only. No action is necessary. We wish to clarify that the City does not endorse and is in no way associated with this business as several City residents have called about this service. We do not endorse this concept and did not grant them the right to work the public right-of-way. W. Robert Herbert City Manager WRH:afm Attachment Room 364 Municipal Builcting 215 Church Avenue, SW Roanoke, Virginia 2401 t (703) 981-2333 Office of the City Manager June 20, 1986 Mr. Greg Turner Cardinal Curb Painting P. O. Box 8115 Roanoke, Virginia 24014 Re: Letter of June 12, 1986 Dear Mr. Turner: Thank you for your letter dated June 12, 1986, which was received in this office on June 16, 1986. You have proposed to engage in the business of painting home addresses on curbs in front of residences in the City. As you have been advised previously, this activity is not permitted and in fact is illegal under Sections 21-25 and 21-27 of the Roanoke City Code without the consent of the City of Roanoke as the owner of the affected property. After reviewing your proposal, the City ad- ministration has determined that painting house numbers on curbs is not an advisable use of City property. Roanoke City public safety officials have recommended against the painting of house numbers on curbs in front of residences as a means of identification. Emergency vehicles, as well as the general public, should have a uniform location to look for a house number. The admin- istration presently recommends that the address be permanently dis- played on the street side of the home itself. Numbers on a curb can easily be hidden by parked cars, snow, or other obstructions. In addition, many citizens may not wish to have their number on the curb or may not have a curb. Therefore, the City administration will not recommend to City Council that City property be used by you or others for the purpose of painting addresses on curbs in the City. I hope that this letter is responsive to your inquiry. Please do not hesitate to. contact me if you have any questions or comments with re- gard to this matter. WRH:GCS:gs Very ,truly yours, , obert Herbert City Manager Room 364 Municipal Ouilc~ing 215 Church Avenue, 5W Roanoke Virginia 2401 t (703) 981~2333 Mr. Greg Turner - 2 - June 20, 1986 pc: Honorable Noel C. Taylor, Mayor and Members of City Council Wilburn C. Dibling, Jr., City Attorney Donald S. Caldwell, Commonwealth's Attorney George C. Snead, Director, Administration and Public Safety William F. Clark, Director of Public Works Kit B. Kiser, Director, Utilities & Operations Jerry W. Kerley, Fire Chief M. David Hooper, Chief of Police Delores Daniels, Citizen's Request for Service Warren Trent, Emergency Services Coordinator