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HomeMy WebLinkAbout7/14/1992 - Regular~ AOAN ~,~ ~. z =' O 2 a 1838 C~~ix~t~ .~f ~u~t~u~e ROANOKE COUNTY BOARD OF SUPERVISORS ACTION AGENDA JULY 14, 1992 Fff~1fl 6 TfE lCIS A®GE Welcome to the Roanoke County Board of Supervisors meeting. Regular meetings are held on the second Tuesday and the fourth Tuesday at 3:00 p.m. Public hearings are held at 7:00 p.m on the fourth Tuesday of each month. Deviations from this schedule will be announced. A. OPENING CEREMONIES (3:00 P.M.) 1. Roll Call. ALL PRESENT AT 3:05 P.M. 2. Invocation: Reverend Phillip Whitaker Brambleton Baptist Church 3. Pledge of Allegiance to the United States Flag. B. REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS ITEM D-8 ADDED: ACCEPTANCE OF FUNDING FOR SPECIAL EDUCATION PROGRAMS FOR ROANOKE COUNTY JAIL. C. PROCIAMATIONS, RESOLUTIONS, RECOGNITIONS, AND i ® Regded paper AWARDS 1. Resolution of Appreciation to Noel C. Taylor, former Mayor of the City of Roanoke, for Services to the Roanoke Valley. R-71492-1 FM MOTION TO APPROVE RESO URC DR TAYLOR WAS PRESENT TO RECEIVE RESO 2. Resolution Declaring the Week of July 12 - 18, 1992 as National Therapeutic Recreation Week. R-71492-2 HCN MOTION TO APPROVE RESO URC ACCEPTING RESO WERE MARGARET KULP AND BETTY ANN SURBAUGH PARTICIPANTS IN THE THERAPEUTICS PROGRAM. D. NEW BUSINESS 1. Request for Approval of a $17.7 Million General Obligation Bond Referendum for County and School Improvements (Reta Busher, Director of Budget and Management) R-71492-3 BIT MOTION TO APPROVE RESO URC 2. Request for Approval of an Informational Program for the Bond Referendum. (Anne Marie Green, Public Information Officer) A-71492-4 HCN MOTION TO APPROVE $18,250 FUNDING FROM BOARD CONTINGENCY FUND WITH $18}250 FUNDING TO COME FROM SCHOOLS AYES-BLLT,EGK,FM,HCN NAYS-LBE 2 3. Consideration of $320,000 Claim by the City of Roanoke for Unapproved Surplus Water Expenditures. (Paul M. Mahoney, County Attorney) A-71492-5 HCN SUBSTITUTE MOTION TO TAKE NO ACTION BECAUSE THE BOARD DID NOT HAVE SUFFICIENT INFORMATION TO MAKE DECISION - WITIIDRAWN B T MOTION TO DENY CLAIM URC 4. Request for Approval of Public-Private Partnership with Colonnade to Fund a Traffic Signal. (Tim Gubala, Economic Development Director) A-71492-6 FM MOTION TO APPROVE $30,000 FUNDING FROM ECONOMIC DEVELOPMENT FUND AYES-EGK,FM,HCN ABSTAIN-BL,T,LBE 5. Request for a Recreation Partnership Policy and for an Appropriation of $15,000 to Fund the Lighting of Ball Fields at Green Hill Park. (John Chambliss, Assistant County Administrator) A-71492-7 EGK MOTION TO APPROVE $15,000 FUNDING FROM CAPITAL RESERVE URC STAFF TO BRING BACK FOR APPROVAL A RECREATION PARTNERSHIP POLICY 6. Appeal from Delancy Street North Carolina Regarding Denial by Roanoke County of Non Profit Solicitation Permit. (Joseph Obenshain, Assistant County Attorney) A-71492-8 EGK MOTION TO DENY APPEAL URC LBE ASKED FOR FURTHER INTERPRETATION ON THIS SECTION 3 OF THE ROANOKE COUNTY CODE. 7. Consideration of Claim by Daniel L. Chisom. (Paul M. Mahoney, County Attorney) A-71492-9 B T MOTION TO DENY CLAIM URC 8. Acceptance of Grant Funding for Special Education Program at Roanoke County/Salem Jail Facility A-71492-10 HCN MOTION TO ACCEPT GRANT URC E. REQUESTS FOR WORK SESSIONS LBE ASKED FOR WORK SESSION ON PACKAGED SEPTIC SYSTEMS. (SET FOR 9/8/92) ECH REQUESTED WORK SESSION ON UTILITY DEPT. EXTENSION OF WATER AND SEWER LINES (EITHER 7/28/92 OR 8/11/92) ECH WILL SET UP WORK SESSIONS AND ADVISE BOARD OF DATES F. REQUESTS FOR PUBLIC HE~iiRINGS 1. Request for Public Hearing on Tax Exempt Status for VAKS, Ltd. A-71492-11 BL~T MOTION TO DENY REQUEST FOR PUBLIC HEARING URC G. FIRST READING OF ORDINANCES 1. Ordinance Amending and Readopting Article I "In General" of Chapter 21, "Taxation" of the Roanoke County Code by the Addition of a New Section 21-8 4 "Administrative Fees for Tax Collection by Legal Action." (Alfred C. Anderson, County Treasurer) HCN MOTION TO APPROVE 1ST READING 2ND - 7/28/92 URC 2. Ordinance Authorizing the Conveyance of an Easement to Appalachian Power Company. (John Chambliss, Assistant County Administrator) HCN MOTION TO APPROVE 1ST READING 2ND - 7/28/92 URC H. SECOND READING OF ORDINANCES NONE I. APPOINTMENTS 1. Community Corrections Resources Board 2. Highway and Transportation Safety Commission 3. Parks and Recreation Advisory Commission EGK NOMINATED WAYNE GAULDIN TO SERVE THREE-YEAR TERM TO EXPIRE `TUNE 30, 1997. 4. Roanoke Valley Regional Solid Waste Management Board EGK NOMINATED MIKEIEL T. WINNER TO ANOTHER FOUR-YEAR TERM EXPIRING TLTLY 31, 1998 CONTINGENT UPON HER WILLINGNESS TO ACCEPT. MHA TO CONTACT HER. J. CONSENT AGENDA 5 ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED BY THE BOARD TO BE ROUTINE AND WII.L BE ENACTED BY ONE RESOLUTION IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. R-71492-12 B T MOTION TO APPROVE RESO URC 1. Approval of Minutes -May 26, 1992, June 2, 1992, June 9, 1992. 2. Request for Acceptance of Ashbury Court, Ashbury Drive and Greenmont Court into the Virginia Department of Transportation Secondary System. R-71492-12.a 3. Request for Acceptance of Millbridge Road into the Virginia Department of Transportation Secondary System. R-71492-12.b 4. Request for Acceptance of Barrens Village Lane, Barrens Village Court, and Deer Branch Drive into the Virginia Department of Transportation Secondary System. R-71492-12.c 5. Confirmation of Committee Appointments to Board of Zoning Appeals and Social Services Board. A-71492-12.d 6. Request to Accept Grant from the Department of Criminal Justice Services for Drug Enforcement Program. A-71492-12.e 7. Request to Accept Grant from the Department of Criminal Justice Services for Community Crime Prevention Services. A-71492-12.f 8. Donation of Easements in Connection with the Hunting Hills Road Project. A-71492-12.g 9. Donation of Sanitary Sewer Easements in Connection with 6 "THE ORCHARDS", Applewood, Section 2 (F&W Community Development Corporation). A-71492-12.h 10. Acceptance of Donation of Right-of--Way and Easement for the Bushdale Road Rural Addition Project. A-714292-12.i 11. Donation of Easements from Springwood Associates and Leroy G. Lochner. A-71492-12.i 12. Donation of a Water Line Easement Situated on Lot 32 and 33, Block 5, Section 3, Waterford. A-71492-12.k 13. Donation of a Water Line Easement from James R. Crawford and Thelma E. Crawford. A-71492-12.1 14. Donation of Rights-of Way in Connection with the Fallawater Lane Project. A-71492-12.m 15. Request from County Treasurer to Destroy Records for Tax Payments Prior to July 1, 1987. A-71492-12.n K. REPORTS AND INQUIRIES OF BOARD MEMBERS SUPERVISOR KOHINKE: ~) COMII~NDED MARCIA PATTON, PARKS AND REC. FOR HER WORK WITH VIRGINIA AMATEUR SPORTS AND ALSO EXPRESSED APPRECIATION TO TOHN CHAMBLISS AND TIM TONES. (2) TOURED PROTOTYPE INFILTRATION PLANT AND WAS IMPRESSED. SUPERVISOR 11~IINNIX: ENTOYED PROTOTYPE INFILTRATION PLANT TOUR SUPERVISOR EDDY: (~ SENT LETTERS TO CONGRESSIONAL DELEGATES IN SUPPORT OF PILT LEGISLATION. (2) ASKED ABOUT DONATION TO FUND HOUSING REGIONAL STRATEGY. ECH WILL BRING REQUEST TO BOARD ON 7/28/92. (3) RECEIVED INFORMATION FROM DR. WILSON ON WHICH SCHOOLS WILL RECEIVE ROOF REPAIRS. SUPERVISOR TOHNSON: ASKED FOR REPORT FROM CLIFF CRAIG ON RECYCLING WATER FROM THE RESERVOIR. CLIFF CRAIG IS TESTING ON THE MODEL AND WILL REPORT BACK TO THE BOARD. (CC TO REPORT BACK ON 7/28/92 PER ECH) L. CITIZENS' COMII~NTS AND COMMiJNICATIONS NONE M. REPORTS B .T MOTION TO RECEIVE AND FILE - UW 1. General Fund Unappropriated Balance 2. Capital Fund Unappropriated Balance 3. Board Contingency Fund 4. Report on Selection of Auditors. RECESS AT 5:00 P.M. RECONVENE AT 5:10 P.M. N. WORK SESSIONS (5:00 P.M.) 1. Joint Work Session with Board of Zoning Appeals BZA TO PRESENT COMI~~NTS AND SUGGESTIONS IN WRITING FOR BOARD TO DISCUSS AT 7/28/92 WORK SESSION 2. Zoning Ordinance. COr~TINUED TO 7/28/92 s 3. Sanitary Sewer Evaluation/Rehabilitation (SSE/R) Program STAFF TO BRING BACK REPORT AND REQUEST FOR APPROVAL ON ESTABLISHIVIENT OF AN SSE/R PROGRAM IN PRIVATE OR RESIDENTIAL SECTOR ON 7/28/92 4. Americans with Disabilities Act. R-71492-13 B T MOTION TO ADOPT RESO URC 5. Noise Ordinance. CONTINUED TO 9/8/92 O. EXECUTIVE SESSION pursuant to the Code of Virginia Section 2.1-344 A NONE P. CERTIFICATION OF EXECUTIVE SESSION RECESS AT 7:20 P.M. TO TOUR IANDFILL Q. ADJOURNMENT TO 5:00 P.M., TUESDAY, JULY 21, 1992 AT THE VINTON WAR MEMORIAL FOR A JOINT MEETING WITH THE VINTON TOWN COUNCIL. R TOUR OF SMITH GAP LANDFILL 9 ~ ROAN ~,~ ~ 9 2 a 1838 C~~ixz~#~ ~# ~.~~x~~~P ROANOKE COUNTY BOARD OF SUPERVISORS AGENDA JULY 14, 1992 IffAR7 6 Tl~ lf~E fIDQ' Welcome to the Roanoke County Board of Supervisors meeting. Regular meetings are held on the second Tuesday and the fourth Tuesday at 3:00 p.m. Public hearings are held at 7:00 p.m on the fourth Tuesday of each month. Deviations from this schedule will be announced. A. OPENING CEREMONIES (3:00 P.M.) 1. Roll Call. 2. Irrvocation: Reverend Phillip Whitaker Brambleton Baptist Church 3. Pledge of Allegiance to the United States Flag. B. REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS C. PROCIAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS 1. Resolution of Appreciation to Noel C. Taylor, former Mayor of the City of Roanoke, for Services to the Roanoke i ® Recycled paper Valley. 2. Resolution Declaring the Week of July 12 - 18, 1992 as National Therapeutic Recreation Week. D. NEW BUSINESS 1. Request for Approval of a $17.7 Million General Obligation Bond Referendum for County and School Improvements (Reta Busher, Director of Budget and Management) 2. Request for Approval of an Informational Program for the Bond Referendum. (Anne Marie Green, Public Information Officer) 3. Consideration of $320,000 Claim by the City of Roanoke for Unapproved Surplus Water Expenditures. (Paul M. Mahoney, County Attorney) 4. Request for Approval of Public-Private Partnership with Colonnade to Fund a Traffic Signal. (Tim Gubala, Economic Development Director) 5. Request for a Recreation Partnership Policy and for an Appropriation of $15,000 to Fund the Lighting of Ball Fields at Green Hill Park. (John Chambliss, Assistant County Administrator) 6. Appeal from Delancy Street North Carolina Regarding Denial by Roanoke County of Non Profit Solicitation Permit. (Joseph Obenshain, Assistant County Attorney) 7. Consideration of Claim by Daniel L. Chisom. (Paul M. Mahoney, County Attorney) E. REQUESTS FOR WORK SESSIONS 2 F. REQUESTS FOR PUBLIC HEARINGS 1. Request for Public Hearing on Tax Exempt Status for VAKS, Ltd. G. FIRST READING OF ORDINANCES 1. Ordinance Amending and Readopting Article I "In General" of Chapter 21, "Taxation" of the Roanoke County Code by the Addition of a New Section 21-8 "Administrative Fees for Tax Collection by Legal Action." (Alfred C. Anderson, County Treasurer) 2. Ordinance Authorizing the Conveyance of an Easement to Appalachian Power Company. (John Chambliss, Assistant County Administrator) H. SECOND READING OF ORDINANCES I. APPOINTMENTS 1. Community Corrections Resources Board 2. Highway and Transportation Safety Commission 3. Parks and Recreation Advisory Commission 4. Roanoke Valley Regional Solid Waste Management Board J. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED BY THE BOARD TO BE ROUTINE AND WII~L BE ENACTED BY ONE RESOLUTION IN THE FORM 3 OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. 1. Approval of Minutes -May 26, 1992, June 2, 1992, June 9, 1992. 2. Request for Acceptance of Ashbury Court, Ashbury Drive and Greenmont Court into the Virginia Department of Transportation Secondary System. 3. Request for Acceptance of Millbridge Road into the Virginia Department of Transportation Secondary System. 4. Request for Acceptance of Barrens Village Lane, Barrens Village Court, and Deer Branch Drive into the Virginia Department of Transportation Secondary System. 5. Confirmation of Committee Appointments to Board of Zoning Appeals and Social Services Board. 6. Request to Accept Grant from the Department of Criminal Justice Services for Drug Enforcement Program. 7. Request to Accept Grant from the Department of Criminal Justice Services for Community Crime Prevention Services. 8. Donation of Easements in Connection with the Hunting Hills Road Project. 9. Donation of Sanitary Sewer Easements in Connection with "THE ORCHARDS", Applewood, Section 2 (F&W Community Development Corporation). 10. Acceptance of Donation of Right-of--Way and Easement for the Bushdale Road Rural Addition Project. 11. Donation of Easements from Springwood Associates and 4 Leroy G. Lochner. 12. Donation of a Water Line Easement Situated on Lot 32 and 33, Block 5, Section 3, Waterford. 13. Donation of a Water Line Easement from James R. Crawford and Thelma E. Crawford. 14. Donation of Rights-of Way in Connection with the Fallowater Lane Project. 15. Request from County Treasurer to Destroy Records for Tax Payments Prior to July 1, 1987. K. REPORTS AND INQUIRIES OF BOARD MEMBERS L. CITIZENS' COMII~NTS AND CO1~~IlVIUNICATIONS M. REPORTS 1. General Fund Unappropriated Balance 2. Capital Fund Unappropriated Balance 3. Board Contingency Fund 4. Report on Selection of Auditors. N. WORK SESSIONS (5:00 P.M.) 1. Joint Work Session with Board of Zoning Appeals. 2. Zoning Ordinance. 5 3. Sanitary Sewer valuation/Rehabilitation (SSE/R) Program. 4. Americans with Disabilities Act. 5. Noise Ordinance. O. EXECUTIVE SESSION pursuant to the Code of Virginia Section 2.1-344 A P. CERTIFICATION OF EXECUTIVE SESSION Q. ADJOiTRNMENT TO 5:00 P.M., TUESDAY, JULY 21, 1992 AT THE VIlVTON WAR MEMORIAL FOR A JOINT MEETING WITH THE VINTON TOWN COUNCIL. R TOUR OF SMITH GAP LANDFILL 6 / ~ y AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY,. July 14, 1992 RESOLIITION 71492-1 OF APPRECIATION TO NOEL C. TAYLOR, FORMER MAYOR OF THE CITY OF ROANORE, FOR SERVICES TO THE ROANORE VALLEY WHEREAS, Noel C. Taylor served the City of Roanoke as Mayor from 1975 to 1992; and WHEREAS, during that period, Mayor Taylor has consistently worked for the good of the entire Valley, supporting economic development projects, regional cooperation, and innovative concepts; and WHEREAS, the citizens of Roanoke County have benefitted from Mayor Taylor's kindness, wisdom and dedication to all the residents of the Valley, through his work with agencies such as the Blue Ridge Mountains Council of Boy Scouts, the YWCA, and the American Red Cross; and WHEREAS, throughout his time as Mayor of the City of Roanoke, he has served as a symbol of the Roanoke Valley, particularly through his terms as President of the Virginia Municipal League and Chairman of the National Conference of Christians and Jews; and WHEREAS, Noel C. Taylor has been a good friend and neighbor to the citizens of Roanoke County, and his enthusiasm, dedication and commitment to the good of the Valley will be missed as he retires from his service as Mayor of the City of Roanoke. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, on its own behalf and on behalf of the citizens of Roanoke County, does hereby extend its sincere appreciation to NOEL C. TAYLOR for his years of service to the citizens of the City of Roanoke and for his dedication to maintain- ing the high quality of life for all the people of the Roanoke Valley; and FIIRTHER, BE IT RESOLVED, that the Roanoke County Board of Supervisors does hereby extend its sincere best wishes to Noel C. Taylor for a happy and productive retirement from the Office of Mayor of the City of Roanoke. On motion of Supervisor Minnix to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None A COPY TESTE: ~^.~ G2.~--~~e..,t.~ Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Resolutions of Appreciation File C- / AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, July 14, 1992 RESOLIITION OF APPRECIATION TO NOEL C. TAYLOR, FORMER MAYOR OF THE CITY OF ROANORE, FOR SERVICES TO THE ROANORE VALLEY WHEREAS, Noel C. Taylor served the City of Roanoke as Mayor from 1975 to 1992; and WHEREAS, during that period, Mayor Taylor has consistently worked for the good of the entire Valley, supporting economic development projects, regional cooperation, and innovative concepts; and WHEREAS, the citizens of Roanoke County have benefitted from Mayor Taylor's kindness, wisdom and dedication to all the residents of the Valley, through his work with agencies such as the Blue Ridge Mountains Council of Boy Scouts, the YWCA, and the American Red Cross; and WHEREAS, throughout his time as Mayor of the City of Roanoke, he has served as a symbol of the Roanoke Valley, particularly through his terms as President of the Virginia Municipal League and Chairman of the National Conference of Christians and Jews; and WHEREAS, Noel C. Taylor has been a good friend and neighbor to the citizens of Roanoke County, and his enthusiasm, dedication and commitment to the good of the Valley will be missed as he retires from his service as Mayor of the City of Roanoke. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, on its own behalf and on behalf of the citizens of Roanoke County, does hereby extend its sincere appreciation to NOEL C. TAYLOR for his years of service to the ~-/ citizens of the City of Roanoke and for his dedication to maintain- ing the high quality of life for all the people of the Roanoke Valley; and FURTHER, BE IT RESOLVED, that the Roanoke County Board of Supervisors does hereby extend its sincere best wishes to Noel C. Taylor for a happy and productive retirement from the Office of Mayor of the City of Roanoke. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 14, 1992 RESOLUTION 71492-2 DECLARING THE WEER OF JULY 12 - 18, 1992 AS NATIONAL THERAPEUTIC RECREATION WEER WHEREAS, individual and organized forms of recreation and the use of leisure time are vital to the lives of all Americans, particularly persons with physical, mental, emotional and/or social limitations; and WHEREAS, therapeutic recreation is accomplished through the provision of programs and services which assist in eliminating barriers to leisure, developing leisure skills and attitudes, and optimizing leisure involvement; and WHEREAS, the Therapeutic Recreation Services of the Roanoke County Parks and Recreation Department was founded 15 years ago to provide these types of activities, and has developed a comprehensive award-winning program to meet this goal; and WHEREAS, the Therapeutics Program allows people of all abilities to experience a variety of indoor and outdoor recreation- al activities, classes and trips, and also provides services, such as braille translations, sign language classes, and adaptations of other Parks and Recreation programs; and WHEREAS, the National Therapeutic Recreation Society, a branch of the National Recreation and Park Association, originated a week of observance to focus attention on the value of recreation and leisure experiences for all persons, including those with physical, mental, emotional and/or social limitations. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, does hereby declare the «. week of July 12-18, 1992 as NATIONAL THERAPEUTIC RECREATION WEER. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None A COPY TESTE: `fig I ~' ~/.1C~C-~....~L.~'~ Mary H. A len, Clerk Roanoke County Board of Supervisors cc: File Director, Parks & Recreation Department - ~. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER ON TUESDAY, JIILY 14, 1992 RESOLUTION DECLARING THE WEER OF JULY 12 - 18, 1992 AS NATIONAL THERAPEUTIC RECREATION WEER WHEREAS, individual and organized forms of recreation and the use of leisure time are vital to the lives of all Americans, particularly persons with physical, mental, emotional and/or social limitations; and WHEREAS, therapeutic recreation is accomplished through the provision of programs and services which assist in eliminating barriers to leisure, developing leisure skills and attitudes, and optimizing leisure involvement; and WHEREAS, the Therapeutic Recreation Services of the Roanoke County Parks and Recreation Department was founded 15 years ago to provide these types of activities, and has developed a comprehensive award-winning program to meet this goal; and WHEREAS, the Therapeutics Program allows people of all abilities to experience a variety of indoor and outdoor recreation- al activities, classes and trips, and also provides services, such as braille translations, sign language classes, and adaptations of other Parks and Recreation programs; and WHEREAS, the National Therapeutic Recreation Society, a branch of the National Recreation and Park Association, originated a week of observance to focus attention on the value of recreation and leisure experiences for all persons, including those with physical, mental, emotional and/or social limitations. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, does hereby declare the week of July 12-18, 1992 as NATIONAL THERAPEUTIC RECREATION WEER. ®' ~° AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER ON TIIESDAY, JIILY 14, 1992 RESOLUTION 71492-3 REQUESTING THE CIRCUIT COURT TO ORDER A SPECIAL ELECTION ON THE QUESTION OF ISSUING GENERAL OBLIGATION CAPITAL IMPROVEMENT BONDS OF THE COUNTY OF ROANORE, VIRGINIA WHEREAS, the Board of Supervisors ("Board") of the County of Roanoke, Virginia ("County") has determined that it is advisable to contract a debt and to issue general obligation capital improvement bonds of the County in the maximum amount of $17,790,000 for the purpose of financing the following public improvements in the following estimated amounts: School Projects: Classroom additions, building renovations and air conditioning of various schools $ 8,506,000 County Projects: New Library Branch 1,500,000 Landfill closure 2,750,000 Parks and Recreation (acquisition of land and construction and equipping of improvements) 1,750,000 Land acquisition for new high school 750,000 Miscellaneous improvements, including street and road improvements, fire hydrants, economic development, and drainage and flood control improvements 21534,000 Subtotal for County Projects 9,284,000 TOTAL 17,790,000 The foregoing are estimated amounts and the Board, in its discretion, may reallocate proceeds of the proposed capital improvement bonds among the various capital improvements described above, provided that $8,506,000 shall be allocated to school projects and $9,284,000 shall be allocated to various County capital improvement projects. r WHEREAS, pursuant to the authority granted by the Public Finance Act of 1991, Chapter 5.1, Title 15.1, Code of Virginia of 1950, as amended ("Act") the Board proposes to call a special election to take the sense of the qualified voters of the County on the following question regarding the issuance of such general obligation capital improvement bonds; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA: 1. The Board hereby determines that it is advisable to contract a debt and to issue general obligation capital improvement bonds of the County in the amounts and for the purposes as set forth above. 2. The Board hereby requests the Circuit Court of Roanoke County, Virginia to order a special election on November 3, 1992 on the following question pursuant to Sections 15.1-227.12 and 15.1- 227.13 of the Act, provided that such date is at least sixty (60) days after the date on which the Court enters its order. The purposes and amounts of the bonds proposed to be issued shall be combined into a single ballot question in substantially the following form: SPECIAL ELECTION November 3, 1992 QUESTION: Shall Roanoke County, Virginia contract a debt and issue its general obligation capital improvement bonds in the maximum amount of Seventeen Million Seven Hundred Ninety Thousand Dollars ($17,790,000) pursuant to the Public Finance Act of 1991, Chapter 5.1, Title 15.1 of the Code of Virginia of 1950, as amended, for the purpose of paying the costs, in whole or in part, of the following public improvements in the following maximum amounts: School Projects (additions and renovations, air conditioning) $ 8,506,000 County Projects (library, landfill closure, drainage, flood control, parks and recreation, economic development, roads, fire safety and land acquisition) 9,284,000 1 TOTAL $17,790,000 ( ) YES ( ) NO 3. The County Administrator is instructed to file a certified copy of this resolution with the Circuit Court of Roanoke County, Virginia. 4. In accordance with Section 15.1-227.2 of the Code, the Board elects to issue the bonds pursuant to the Public Finance Act of 1991. 5. This Resolution shall take effect immediately. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None A COPY TESTE: Mary H. Allen, Clerk Roanoke County Board of Supervisors CC: File Judge G. O. Clemens, Roanoke Circuit Court Steven A. McGraw, Clerk, Roanoke Circuit Court E. Elizabeth Leah, Registrar Paul M. Mahoney, County Attorney Reta R. Busher, Director, Management & Budget Diane D. Hyatt, Director, Finance Bond Counsel The undersigned Clerk of the Board of Supervisors of the County of Roanoke, Virginia, hereby certifies that the foregoing constitutes a true and correct copy of Resolution 71492-3 adopted by the Board of Supervisors of the County of Roanoke, Virginia at a regular meeting held on the 14th day of July, 1992. WITNESS MY HAND AND THE SEAL of the Board of Supervisors of the County of Roanoke, Virginia, this ~~~~ day of ~C~t-~ , 1992. ~, G Mary H. Allen, Clerk Board of Supervisors of the County of Roanoke, Virginia (SEAL) ACTION NO. ITEM NUMBER ~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: July 14, 1992 AGENDA ITEM: Request for approval of a $17,790,000 General Obligation Bond Referendum for County and School Capital Improvements. COUNTY ADMINISTRATOR'S COMMENTS: i!!~~ o~.i/ ~,~~ BACKGROUND: On June 9, 1992, the Board of Supervisors came to agreement on the projects to be included in a general obligation bond issue. All changes have been incorporated in the bond information packet and a revised copy is attached for your review. SUMMARY OF INFORMATION: The next step in the process is the approval of a formal resolution requesting the Circuit Court to order a special election on the question of issuing general obligation capital improvement bonds in the maximum amount of $17,790,000 for the purpose of financing County and school capital projects. The proposed resolution is also attached for your review. STAFF RECOMMENDATION: Staff recommends adoption of the attached resolution as presented. Respectfully submitted, ~~ Reta R. Busher Director of Management and Budget Approved by, 1, i~ / ~/ Elmer C. Hodge County Administrator ACTION Approved Denied Received Referred To Motion by: Eddy Johnson Kohinke Nickens Minnix VOTE No Yes Abs r -' COUNTY OF ROANOKE, VIRGINIA /~ Z (o .~ ~/ROA/yp~ .A F L ~ A - a=~ SUMMARY OF PROPOSED PROJECTS FOR A GENERAL OBLIGATION BOND ISSUE FY 1992-93 REVISED: JUNE 9,1992 \1838 ~-1 TABLE OF CONTENTS Pane Letter of Transmittal 1 Summary of Proposed Bond Projects 4 1985 Bond Referendum Brochure 5 Proposed Bond Calendar 7 Summary Schedule of Future Debt Requirements - County and Schools 8 Proposed Bond Projects: North County Library 9 Dixie Caverns Landfill Closeout 11 Drainage 12 Parks and Recreation 15 Roads 19 Valley TechPark 22 Fire Hydrants 24 School Projects 26 O~ ROAN kF ti ~ p °v a2 1838 P.O. BOX 29800 ROANOKE, VIRGINIA 24018-0798 COUNTY ADMINISTRATOR ELMER C. HODGE (703) 772-2004 DATE: July 14, 1992 MEMORANDUM TO: Roanoke County Board of Supervisors FROM: Elmer C. Hodge County Administrator RE: Proposed Bond Referendum (703) 772-2005 During the past two months, the Board of Supervisors, the School Board, and the County and School staff have met several times to discuss the capital needs of Roanoke County. The Board has also met with the Parks and Recreation Advisory Commission and the Library Board to discuss needs in those areas. The attached information contains the projects which, as a result of those meetings, will be included in a proposed bond referendum in November. It is important that the County continue to meet its capital needs on an orderly basis. Periodic bond issues, which fall within our ability to pay and our debt structure, are a method of addressing these needs. One of the purposes of the CIP which the Board adopted in July, 1991 is to prioritize the upcoming capital needs so that they can be addressed; most of the projects currently being considered for the November referendum are in the CIP. It has been seven years since the last general obligation bond referendum in 1985. The projects included in the proposed bond referendum are as follows: North County Library -for several years, the current Hollins Branch of the Library System has suffered from a variety of structural problems. It is also our busiest branch and the building is not large enough for the population which it serves. The land on which it is built is too small for expansion and the parking is inadequate. The Library Board has identified this as its top priority to maintain the County Library System at its current standard of excellence. Cost: $1.5 million. 1 ~- l BOARD OF SUPERVISORS LEE B. EDDY, CHAIRMAN WINDSOR HILLS MAGISTERIAL DISTRICT EDWARD G. KOHINKE, SR.. VICE-CHAIRMAN CATAWBA MAGISTERIAL DISTRICT BOB L. JOHNSON HOWNS MAGISTERIAL DISTRICT H. ODELL "FUZZY" MINNIX CAVE SPRING MAGISTERIAL DISTRICT HARRY C. NICKENS VINTON MAGISTERIAL DISTRICT ® Recycled Paper ~-1 Drainage/flood control -this is an issue of vital importance to the future of the County and to the residents who must constantly deal with flood water after periods of heavy rain. A portion of the amount requested for this project, $300,000, would be allocated to funding the study suggested by the Fifth Planning District Commission, and the remainder would be used to address particular problem areas, approved by the Board. Cost: $1,000,000. Close-out of Dixie Caverns Landfill -the old landfill will have to be closed-out within the next,.few years, and the County needs to decide what will be the best method of paying for this. We can choose to pay for it out of the General Fund, or we can choose to include it in this bond referendum. By including it in the bond referendum, we can pay over time, thus freeing up our resources to construct new facilities at the same time. Cost: $2,750,000. Roads -the Virginia Department of Transportation provides matching funds for improvements to the roads in Roanoke County. The bond issue would pay for our share of the cost of those improvements, and help address one of the most pressing needs identified by our citizens. Cost: $500,000 (with matching funds will provide $1 million in improvements.) Parks -park facilities are very important to the people of Roanoke County, and particularly to our children. We need to continue to build new facilities, and to maintain and improve those that we already have. There is a $12 million master plan for park improvements in the County, and this will be the first step in implementing this plan. Cost: $1,750,000. Valley TechPark -economic development provides for the future of Roanoke County. The funds put into this project will be returned by tax dollars from industries which locate in the park. Cost: $750,000. Fire Hydrants -hydrants are important to fire protection for our citizens, and this will help to spread that protection to more neighborhoods. The 1985 bond issue also contained funds for hydrants, and this will continue our ongoing effort to protect our citizens. Cost: $184,000. Cave Spring High School Land - it is important that the County plan for the future needs of our school system. Large tracts of land in southwest County are becoming not only increasingly expensive, but also increasingly rare. If we purchase the necessary acreage at this point, we can hold it in reserve, and use it as a park facility until the new high school is built. Cost: $750,000. School Projects -the School Board has approved a variety of projects which help to maintain the excellence of our school system. A complete list is included in the attached material. Cost: $8,506,000. 2 J~ - 1 We could easily spend more money on some of these projects but we have stayed within our existing revenue structure. The choice of road, drainage, and park projects have been done objectively based on need and benefit. Some districts may therefore receive less than others but it is imperative that we all support the bond issue for it to succeed. We have had excellent coordination with the School Board and everyone involved. This promises to be a well received bond issue. 3 COUNTY OF ROANOKE SUMMARY OF PROPOSED BOND PROJECTS PROJECT DESCRIPTION ------------------------ COUNTY PROJECTS: NORTH COUNTY LIBRARY DIXIE CAVERNS LANDFILL CLOSEOUT DRAINAGE/FLOOD CONTROL PARKS AND RECREATION ROADS VALLEY TECHPARK FIRE HYDRANTS CAVE SPRING HIGH SCHOOL PROPERTY BOND ISSUANCE COSTS TOTAL COUNTY PROJECTS SCHOOL PROJECTS: MASON'S COVE ELEMENTARY-CLASSROOM ADDITION AND RENOVATIONS BACK CREEK ELEMENTARY-CLASSROOM ADDITION CAVE SPRING ELEMENTARY-LIBRARY ADDITION AND RENOVATIONS ELEMENTARY SCHOOL RENOVATIONS: GLENVAR HERMAN L. HORN MOUNTAIN VIEW OAK GROVE BURLINGTON MOUNT PLEASANT CLEARBROOK ROLAND E. COOK BOND AMOUNTS $1,500,000 2,750,000 1,000,000 1,750,000 500,000 750,000 184,000 750,000 100,000 9,284,000 530,000 636,000 1,100,000 300,000 300,000 400,000 350,000 500,000 600,000 380,000 300,000 3,130,000 GLENVAR HIGH SCHOOL-MIDDLE SCHOOL ADDITION (INCLUDING $150,000 ARCH/ENG COSTS) NORTHSIDE HIGH SCHOOL-ARCH/ENG COSTS WILLIAM BYRD HIGH SCHOOL-ARCH/ENG COSTS CAVE SPRING HIGH SCHOOL-ARCH/ENG COSTS BOND ISSUANCE COSTS TOTAL SCHOOL PROJECTS TOTAL PROPOSED BOND ISSUE 2,650,000 90,000 120,000 150,000 100,000 8,506,000 $17,790,000 sasaaaaaz ~-I C CO C C 0 .~ v U v i Q 0 v .~ C U .Y ti 4~.. O 4.J lIl L11 C ~~vvti~~ ~-~a c rc ~ w ~ ~ ~ v a gtio o E•~ ~ w v c~ 3~ ti E o _ of C - •ti N C y~ O .C v v v ti >' ry C '~ C o~Y ~ E.o~~~ c' E ~ a~,ti ENY ~_ w vU °~ ~"o C ~ C ~ v ~ o v L ~ Q~ .~ N v ~ Q.. QJ O ~' v •' v .Q ~ C 3 Q~ ~ i. 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Win- v ac ~ E~;° o;a v~ ~~ LL ti ~m ,.,a 3 >L ~ ~-/ County of Roanoke P.O. BOX 3800 BULK RATE Roanoke, Virginia 24015 U.S. POSTAGE PAID Roanoke, Va. Permit No. 273 C v ,,; v v 0 ~ v ~ O v ~ ~ '_' C ~ '~ u N C C O Q~ v rt',L v ~ ~ O T Q~ ~"'7t_`d=gab,.°_.~ ;~y~c0~~ v Q-v'Q~ ~ --vOY Z OY Z owo oy~oao~~~ 52~552~5 25 52~5255~52~552~5 0o~o~~A ~ O v ~, C Q ti C7 ~ p _O ~' U•= `°A '"• 8 ~ 252l; g 252525 cd~bb ° oor ~, (~ .C ~ ~ v ~ ~ Z ^ aJ b C C r .~-~ ~ v 0. h 6n ~ -.+ h O C " ~ C ~ .~ ~ ~ ~ Q r N YO ~ c0 O .' y A ° 00 iii W ~ N N -' N a) v o v y ~ o r• ~ Q~J ~' U v O ~' N W~ O~ -• W cC0 ..+ C~ ~ 'G c c 'D O C° c $~ V v O~ •'- tIl N O /y~ W m ~ O a ,~ ~ E- ~ eo 3~ o b ~ H~ c c" a 25 O ~ C 1..+ ti ~+ a oo = W~ J .a cn ~ v v - o~ c o c o .d o Z = c v C ~L VJ b C C C v1 .-. 5R~ C ~ ~' `^ v ~^ J ~ W y ^+ '" ~ ~o u 7 w ~ w° u " _c; [ c V .v. ~ u ~ ~ ~ 25 ~ ~ ~ iJ ~ > 1= Q ~ Q ~ Q ~ w ~ O 4 v 'O C ~d v p C ~ _~ v ~ `_~ ^ i+ ~ J O C CS w y C 7 w ~. ~+ v w v C ~ ~. 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L L --+ d W t ~ vi C v > O w a N rn ~ uw au a y y c E..,,.., c ~e~ v~ s E ,_ O ~ v O ti ~ O +-' O p Q V ~ ~ ~.c~ °~ c a,.r y v ° °.,°7a ~~u ~' y.~ > e~ o^ y' c ~" ` "- QJ Q .C ti Z U ~~//~~ !'~ oo v vi eo •p > O v °' W v ~ .s4 v .O o E m ~i, ~ ^ v ~C v~ ~ C ~~ ~I~ a=vov°O"Ow° AuE°'".."'~y~a $°o~xo c O ~ ~ v L ~ Uv ~-, ~ > aoc wUw o a 3v~ W w n~cnCL w o a,w Eb ~ t ti ~ ~, v C C) ~ ~ ~ _ ~.' v ~ N Q v ~ . ~+ Q z ~ ZS ~ .~ 6 .~ - J Proposed Bond Calendar Activity Date Bond Promotion June, July 1992 School Board adopts Resolution June 25, 1992 requesting referendum for General Obligation Bonds for school purposes County Board of Supervisors adopts July 14, 1992 Resolution authorizing referendum for General Obligation Bonds for County purposes Circuit Court signs the order placing September 3, 1992 the bond referendum on the ballot Bond Referendum November 3, 1992 Begin work on preliminary Official April, 1993 Statement and other legal documents for bond sale Sale of Bonds August, 1993 First interest payment February, 1994 First principal payment and second August, 1994 interest payment .7 F~ z Q LL 8 Q J G1 .-... .-..-. r..~..-. .-..-..~ .-. .-..-. 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The 6,500 square feet facility had an annual circulation in 1991 of 164,951. It is estimated that this facility will be serving more than 28, 000 citizens within 10 years. To meet State standards, the library should encompass .6 square foot for each resident in the service area. This means the current facility is less than one-half the size and has one-third the seating space necessary to meet standards. Inadequate shelving space limits collection growth and citizen access to materials. The current facility also has limited parking and no handicapped access. While renovation of the existing facility is an option, it does not appear to be a viable one upon further review by the Library staff and Library Board. The renovation would require maximum use of a small, irregularly-shaped lot and would not alleviate the parking problem. Further, because of the estimated population growth in the North County area in the next 10 years as noted above, the expansion of the existing facility would be a temporary fix. Scone of the Bond Project The Library Board recommends construction of a new North County Branch Library to be funded through the proposed 1992 bond referendum. The recommendation is to construct a 17,000 square feet building on at least 4 to 5 acres of land with provisions for 65 parking spaces. This new branch could also house the Roanoke County historical collection, which is currently in storage due to lack of adequate display space. User convenience is the key factor to consider in selection of a library site. Anew site should reinforce current usage patterns, and should be attractive enough to encourage new usage. Since the present site of the Hollins Branch is very successful, the most pressing matter seems to be to acquire a site which addresses the issue of lot size and parking capacity. Easier access to the site, compared to the current situation, might also encourage greater use. Location should also be near a dedicated residential user base, and placement within a heavy flow of business, consumer, and commuter traffic. A site has not been selected at this point in time, however the Library Board and staff are in the process of beginning a search for possible locations. They are prepared to spend a great deal of time in carefully choosing and recommending a site for acquisition. 9 ~-J The projected cost of the new facility is outlined below: Description Planning Engineering/Design Construction Furniture/Equipment Automation Total Estimated Facility Cost Amount $ 15,000 120,000 1,207,000 140,000 45,000 $1,527,000 The construction costs are based on 17,000 square feet at a cost per square foot of $71. The $140,000 identified for furniture and equipment include tables and chairs for patrons, shelving for a 90,000 volume collection and a security system for the document collection. Automation costs include the MUX system, movement of existing terminals and new terminals for additional staff. It is estimated that two additional staff positions, a branch librarian and a library assistant will be required for the larger facility. Also, facility operating costs such as utilities and maintenance are estimated to increase for a total increase in annual operating costs of approximately $86,000. The Library Board has noted that additional funding may be necessary for parking due to County planning and zoning regulations. The number of parking spaces may need to be increased from 65 to 85, increasing the proposed cost of the project by $24,000 for site improvements and construction. This increased cost estimate will not be added to the proposed bond amount at this time. As well, moving expenses will be incurred when the transition from the old facility to the new facility takes place. The cost of the move will be addressed in future operating budgets. It is believed that current favorable construction costs will continue in the near future, therefore the proposed construction contingency was not included in the amount to be funded by the bond issue. The proposed facility cost outlined above does not include site acquisition costs. This is based upon the understanding that the current site and building would be offered for sale and that the revenues from this sale would be applied to the acquisition and preparation of a new site. The current Hollins Branch site should be highly desirable as a commercial property, and it is thought that such a land/building package would bring a substantial price. In summary, $1.5 million is the amount requested in the 1992 bond referendum for the construction of a new North County Branch Library. ~0 ~_i Proposed Bond Project Close-out of Old Dixie Caverns Landfill Background Since the mid-1980s, Roanoke County has been working with the United States Environmental Protection Agency (EPA) and the Virginia Division of Waste Management to clean-up the old Dixie Caverns Landfill site. The EPA requires a long-term remedial solution to this clean-up. The County is currently in the process of cleaning up the landfill, while attempting to secure financial reimbursement for a portion of these clean-up costs from other responsible parties. Once the EPA accepts the final remedial clean-up, the County can begin to close-out the Dixie Caverns Landfill in accordance with current State and Federal regulations. Scope of Bond Project The funding of the close-out of the Dixie Caverns Landfill is proposed for inclusion in the 1992 bond referendum. The close-out procedure will include the development of a "cap" over the site in conformance with the specifications set out in the Resource Conservation and Recovery Act (RCRA Cap). The 22 acre site will require a clay covering of 2 feet in depth, drainage stone and 6 inches of top soil. A portion of the site, 6.2 acres, will require regrading and fill dirt because it is currently too steep for capping. A minimum of 4 monitoring wells will be necessary and must be monitored over a 30 year period. The present leachate collection system is sufficient. In fact, once the site is capped, the leachate production will probably be reduced thereby reducing the County's yearly operating cost for leachate removal. The total proposed bond amount for close-out of the old Dixie Caverns Landfill site is $2,750,000. ~1 .~ -1 Drainage Projects for the Proposed Bond Issue Proiect Summar Development of a Regional Stormwater Management Master Plan (County's Share) Remedial Projects Identified in the Master Plan Major County Drainage Projects Regional Stormwater Management Master Plan $ 300,000 210,000 490,000 $1,000,000 In 1985, the Fifth Planning District Commission sponsored a study for Roanoke County, the City of Roanoke, the City of Salem and the Town of Vinton to determine the feasibility of implementing a regional stormwater management program. Due to the proposed high cost of studying all of the tributaries in the region, it was decided that the localities should concentrate on thirteen "high priority" watersheds that were deemed critical. These are as follows: 1. Glade Creek 2. Cole Hollow Brook 3. Mason Creek 4. Tinker Creek 5. Peters Creek 6. Carvin Creek 7. Lick Run 8. Back Creek 9. Ore Branch 10. Murray Run il. Mudlick Creek 12. Dry Branch 13. Gish Branch The total cost of developing a Regional Stormwater Management Master Plan is $625,000. Roanoke County's share is estimated to be $300,000. A comprehensive stormwater management program involves developing a watershed "master plan", which identifies the most appropriate control measures and optimum locations to control watershed-wide impacts. This approach typically involves combinations of the following: (a) strategically locating a single stormwater detention facility (as opposed to several smaller detention ponds); (b) providing stream channel improvements where necessary; and (c) nonstructural measures such as parkland acquisition and floodproofing to supplement structural control measures. The master plan approach offers significant advantages over the piecemeal approach, including: reductions in capital and in operating and maintenance costs; reductions in the risk of 12 .~-i downstream flooding and erosion; opportunities to manage existing Stormwater problems; increases in land development opportunities; increased opportunities for recreational uses of facilities; potential contributions from land and real estate development; and conformity with land use planning issues. Should participation in the regional approach by the other localities not occur, Roanoke County would still pursue the Stormwater Management Master Plan for those "high priority" tributaries that have the most impact on the County. Limited involvement by the other localities could still be offered on an individual watershed basis according to fund availability. Remedial Projects Remedial action projects will be identified as a result of the master plan analysis. Such projects will include detention facilities, channel improvements, and other means to mitigate flooding or damage in flood-prone areas of Roanoke County. Once the alternatives for remedial action projects in each watershed have been selected, the projects will be screened to ensure that the proposed improvements will not result in the local flooding problem being transported to a downstream location. In addition, a remedial action plan must not only consider the measures required to relieve the existing flooding problem, but structural control measures must be designed and sized to account for the runoff from future development in the study area. The runoff impacts of future land use patterns can be predicted by applying the Stormwater management model. Major Projects The Engineering and Inspections Department maintains an inventory of drainage problems throughout the County. Attached are some projects that attempt to address these problems County-wide: 1. Sierra Drive/Fenwick Drive Description: County-owned sinkhole receives runoff from subdivision which floods adjacent properties. A 36" storm sewer will have to be constructed along Sierra Drive to Carvin Creek. Estimated Cost: $90,000 Magisterial District: Hollins 2. Green Valley Description: Poor overall drainage contributes to property damage. A trunk line storm sewer will be installed parallel to Colony Lane and channel improvements made on Murray Run adjacent to the Green Valley subdivision. Estimated Cost: $75,000 Magisterial District: Cave Spring 13 ~~ I 3. Nottingham Hills Area Description: Severe erosion and flooding along the headwaters of Mudlick Creek create problems in the Farmington, Nottingham Heights, and Castle Rock Farms subdivisions. Channel improvements, including streambank stabilization are planned for these areas. Estimated Cost: $45,000 Magisterial District: Windsor Hills 4. Mason Creek Description: Residential flooding from Mason Creek along Catawba Valley Drive (Rte. 311) will require channel improvements and installation of rip rap at severely eroded areas. Estimated Cost: $75,000 Magisterial District: Catawba 5. Wolf Creek Description: Residential flooding and erosion in the Stonebridge Acres and Spring Grove subdivisions adjacent to Wolf Creek. Reconstruct channel from Stonebridge Drive to Stonebridge Circle. Stabilize channel adjacent to Spring Grove. Estimated Cost: $50,000 Magisterial District: Vinton 6. Mount Vernon Heights Description: Undersized storm sewer facilities contribute to residential flooding along Manassas Drive. Replace the existing storm sewer with adequate facilities. Estimated Cost: $20,000 Magisterial District: Cave Spring 7. Dwight Hills Description: Inadequate storm sewer causes residential flooding in this subdivision. Construct storm sewer system to serve this area. Estimated Cost: $40,000 Magisterial District: Hollins 8. Merriman/Starkey Road Description: Inadequate channel and undersized culverts have contributed to residential and commercial flooding in this area. Reconstruction of the channel and installation of proper storm sewer facilities along Buck Mountain Road to the Starkey area. Estimated Cost: $95,000 Magisterial District: Cave Spring .14 ~-1 Discussion of Proposed Parks and Recreation Bond Projects The Parks and Recreation Department bond projects have been divided into two basic categories as noted below: Renovation Projects: Ball Field Renovations $ 116,000 Tennis-Court Renovations 210,400 Facility and Playground Repairs 113,600 Outdoor Light Repairs 60,000 Total Renovation Projects 500,000 New Facilities (See attached list) 1,250.000 Total Parks and Recreation Project Cost $1,750,000 The Parks and Recreation Department staff developed a list of the major renovation projects for the County's existing park facilities as well as a list of new park facilities needed based on current program registrations and projected growth. The presidents of each of the recreation clubs in the County were then asked to prioritize the needed facilities in their respective communities. The results were compiled and submitted to the Parks and Recreation Advisory Commission who prioritized the projects by magisterial district. Both groups determined that maintenance and repair of existing facilities should take priority over new facilities. The completed project list for new facilities totals approximately $1,250,000. The items are in priority sequence by magisterial district. Staff will also attempt to maximize the value of the dollars received by attempting to leverage bond monies against private donations and public or private grants. Staff will work closely with the recreation clubs to continue to meet the on going needs of their respective communities. 15 COUNTY OF ROANOKE PARKS AND RECREATION REPAIR AND MAINTENANCE LIST FOR THE PROPOSED BOND ISSUE RENOVATION PROJECTS BACKSTOPS AND FENCING: BACK CREEK ELEMENTARY -BACKSTOP/PLAYER FENCE BROOKSIDE PARK -BACKSTOP/PLAYER FENCE BURLINGTON ELEMENTARY SCHOOL -BACKSTOP/(2) PLAYER FENCES CLEARBROOK ELEMENTARY SCHOOL -TEMPORARY FENCING GREEN VALLEY ELEMENTARY SCHOOL -TEMPORARY FENCING HIDDEN VALLEY - (2) PLAYER FENCES/BACKSTOP MT VIEW ELEMENTARY SCHOOL -BACKSTOP/PLAYER FENCE NORTHSIDE HIGH SCHOOL -BACKSTOP/(2) PLAYER FENCES OAK GROVE PARK -TEMPORARY FENCING OTHER BALL FIELDS -SURFACE RKE COUNTY OCCUPATIONAL SCHOOL -BACKSTOP/PLAYER FENCE STONEBRIDGE II -PLAYER FENCE VINTON WAR MEMORIAL -PLAYER FENCE COST $5,000 5,000 9,000 4,000 4,000 7,000 5,000 10,000 4,000 54,000 5,000 2,000 2,000 116,000 TENNIS COURT RENOVATIONS: CAVE SPRING HIGH SCHOOL NORTHSIDE HIGH SCHOOL MISCELLANEOUS REPAIRS COUNTYWIDE FACILITY AND PLAYGROUND REPAIRS: CRAIG AVENUE CENTER - HVAC AND ADA LEISURE ARTS CENTER -ADA WALROND PARK OFFICE -ADA PLAYGROUND EQUIPMENT -GROUND COVER ACCESS TO PARK RESTROOM FACILITIES -ADA 72,000 52,000 86,400 210,400 41,000 11,000 4,500 42,000 15,100 113,600 OUTDOOR LIGHT REPAIRS: ROANOKE COUNTY CAREER CENTER 60,000 -------------- $500,000 ~~___===~~a~ 16 J-1 COUNTY OF ROANOKE PARKS AND RECREATION PRIORITIZED NEW FACILffY LIST FOR THE PROPOSED BOND ISSUE MAGISTERIAL DISTRICT LOCATION PROJECT ' 'COST PRIORITY 'DISTRICT RUNNING TOTAL HOLLINS WALROND PARK (1) SOCCER FIELD $31,000 1 31,000 WALROND PARK (2) BASEBALL FIELDS 62,000 2 93,000 NORTHSIDE HS RE-ALIGN (2) FIELDS 52,000 3 145,000 NEW BONSACK PARK BALL FIELD 20,000 4 165,000 NEW BONSACK PARK PICNIC SHELTER 15,000 5 180,000 NEW BONSACK PARK PLAYGROUND EQUIPMENT 10,000 6 190,000 VINTON VINYARD PARK (2) BASEBALL FIELDS 62,000 1 62,000 VINYARD PARK LIGHT SOCCER FIELDS 150,000 2 212,000 MT PLEASANT PARK (1) BALL FIELD 40,000 3 252,000 VINYARD PARK EXPANDED PARKING 25,000 4 277,000 VINYARD AND STONEBRIDGE RESTROOM FACILITIES 50,000 5 327,000 VINYARD PARK LIGHTS-BASEBALL FIELD 50,000 6 377,000 VINYARD PARK CONCESSION/STORAGE 25,000 7 402,000 MIDDLE SCHOOL LIGHT TERRIER FIELD 60,000 8 462,000 CATAWBA WHISPERING PINES PARK (1) LIGHTED BALL FIELD 91,000 1 91,000 WHISPERING PINES PARK UTILITIES FOR RESTROOM 25,000 2 116,000 WHISPERING PINES PARK TENNIS/BASKETBALL 36,000 3 152,000 GREEN HILL PARK (2) PICNIC SHELTERS 30,000 4 182,000 WINDSOR HILLS GARST MILL PARK LIGHTS (2) FIELDS 124,000 1 124,000 NEW FIELDS (COMPLEX) PURCHASE LAND 50,000 2 174,000 NEW FIELDS (COMPLEX) (2) FIELDS 62,000 3 236,000 CAVE SPRING STARKEY PARK (3) BALL FIELDS 93,000 1 93,000 STARKEY PARK LIGHT (1) BALL FIELD 62,000 2 155,000 STARKEY PARK UTILITIES FOR RESTROOM 25,000 3 180,000 --------------- $1,250,000 sa~~a__z =__~ 17 J-I Summary of Parks and Recreation Facility Operating Costs Average Construction_Costs • Construction of an unlighted baseball or $ 31,000 soccer field with amenities such as backstop, fencing; goals, etc. • Install Lights: Baseball Field $ 62,000 Soccer Field $ 72,000 • Tennis Courts: Construct/Re-construct $ 18,000 Asphalt Overlay, Seal, Stripe $ 13,000 Seal and Stripe $ 2,400 • Fencing Chain Link Backstop and Player Control $ 5,000 Fence (1 field) Outfield Fencing (1 field) $ 4,000 Averacte Annual Operating Costs Per Field • Unlighted Baseball Field $ 5,492 • Soccer/Football Field $ 6,374 • Operating Cost to Light One Baseball Field $ 500 • Operating Cost to Light One Soccer Field $ 1,000 * Multiple use or combination use fields ma modify the average annual cost or construction cost of these facilities. 18 ~-I Road Bond Project VDOT Revenue Sharinq Matching Funds Background The Virginia Department of Transportation (VDOT) provides a Revenue Sharing Grant to local governments for upgrading roads already in the Secondary Road System. This Revenue Sharing Program allows a dollar-for-dollar match of County funds by the State up to a maximum of $500,000 annually. This would generate $1,000,000 for roadway improvements that would include repaving, reconstruction, drainage improvements and safety improvements. 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The County provided $880,000 to the Industrial Development Authority for the purchase of the site, which was then given to Allied-Signal for the purpose of constructing the disc brake facility. Another $600,000 was expended by Roanoke County to extend a sewer line to the property for a total investment of $1,480,000. The recession of 1991 caused a delay and eventual cancellation of Allied-Signal's project. Under the terms of the County's development proposal, Allied-Signal returned ownership of the property to the Roanoke County Industrial Development Authority. The property has been renamed Valley TechPark and is being marketed by Roanoke County and the Roanoke Valley Economic Development Partnership as a large industrial site. Since the Roanoke County Industrial Development Authority is the owner of the property, they have reviewed several proposals for the use of the property. Industrial prospects have inquired about the availability of portions of the site (15-25 acres). This action would cause the Industrial Development Authority to subdivide the property. Subdivision requires that the owner/developer of the property extend water and sewer on site, provide a road, extend private utilities and develop a drainage system. The Industrial Development Authority does not have the funds in their budget to perform these development functions. scope of Bond Project The bond proposal includes $750,000 for an economic development project. The recommendation is that these funds be used for planning and construction of road access, on-site water and sewer, stormwater management, erosion control and project contingencies to transform the industrial site into the Valley TechPark Industrial Park. The $750,000 would provide a "leverage" to obtain other development monies from the State of Virginia to further develop the site. These include the Industrial Access Road Fund, Virginia Community Development Block Grant Program and Virginia Revolving Loan Fund. Therefore, the bond funds (if approved) would provide funds for construction as well as a "match" or leverage to obtain other development loans and grants. 22 I / / ~' l T ~i~/ t wuuw.R a ~ w ~M ""i~ fN~ ~ ~ ~ SQ D `°~ +~, ~ ~~ ~ t ~ -N+N U NExr r: `"'°' "' 817 ~.,o ax~r c RNs ~, EX/T NpRF 5 ~~ ~' AR ~ K~~Y 7 y Eo~~ ;' _ ~o • uoo v ,~ :tz~-' wf~T:; FORE ::i:;~~4F.a(:::;:•:;:~ .. , ANG LINDSE Y ~ `_ . ~ WgguN Site name: valley TechPark Size: 177 acres Zoning: M-1, M-2C Comprehensive Plan Designation: Principal Industrial Access: Route 11/450 Water: 16-inch off site Sewer: 8-inch on site Availability: Property is available for sale through Roanoke County Industrial Development Authority 23 ~-I Proposed Bond Project Placement of New Fire Hydrants Background In 1980, the County adopted a Water Ordinance requiring developers to install fire hydrants every 800 feet on any water main extensions. This was updated in 1986 to require a fire hydrant every 1000 feet. Currently there are seventy-five locations on the Fire Hydrant Priority List that meet the rating criteria established by the Insurance Service Office, a nationally recognized evaluator of community fire protection capabilities, for location of a new fire hydrant. All locations identified on the Fire Hydrant Priority List are on existing water mains of 6 inches or more, that were installed prior to the adoption of the Water Ordinance in 1980. The purpose of adding fire hydrants on existing water mains in Roanoke County is to enhance fire protection and lower fire insurance rates for affected residences. Scope of Bond Project Funding for the installation of fire hydrants at the locations identified on the priority list is included in the proposed 1992 bond referendum. The total estimated cost of installation of all seventy-five fire hydrants is $184,000. Once the County completes the installation of these hydrants, the outstanding fire hydrant needs on existing water mains will have been satisfied. 24 1. 2505 ELECTRIC ROAD-OUR LADY OF NAZARETH CHURCH 2. 1887 ELECTRIC ROAD-GOOD SHEPARD LUTHERAN CHURCH 3. COLONIAL AVENUE SW AND OGDEN ROAD SW 4. MAIN ENTRANCE CAVE SPRING HS CHAPPARAL DRIVE 5. 4203 ELECTRIC ROAD-OLDEN AND ELECTRIC ROAD SW 6. GLENVAR HIGH SCHOOL 7. WILLIAMSON ROAD AND COMMANDER DRIVE NW 8. WATER FALL DRIVE AND SUNDANCE CIRCLE NW 9. ROUTE 24 AND BAKER DRIVE 10. 6 HYDRANTS BETWEEN SALEM AND N0.9 FIRE STATION WEST MAIN STREET 11. 2730 OLDEN ROAD-COLONIAL AMERICAN BANK 12. COLONIAL AVENUE SW AND GIRARD DIRVE SW 13. COLONIAL AVENUE SW AND GEORGETOWN ROAD SW 14. COLONIAL AVENUE SW AND OVERDALE ROAD SW 15. MANASSAS DRIVE AND ANTIETAM DRIVE SW 16. MANASSAS DRIVE AND BUNKER HILL DRIVE SW 17. ROUTE 24 AND MAPLE WOOD DRIVE 18. ROUTE 24 AND LINDEN WOOD DRIVE 19. PLANTATION ROAD NW AND SANTEE ROAD 20. WHIPLEDALE AND TWILIGHT ROAD NW 21. FINNEY DRIVE AND CAMBRIDGE DRIVE 22. PEDIGO LANE AND CAMBRIDGE DRIVE 23. WOODLAND DRIVE AND COLONIAL AVENUE SW 24. VALLEY FORGE AND BUNKER HILL DRIVE SW 25. HARDY ROAD AND FINNEY DRIVE 26. 6231 NELL CIRCLE NW 27. MANASSAS DRIVE AND VIEW AVENUE SW 28. SUGAR RIDGE ROAD SW AT OLD BARN CIRCLE X29. HOLLINS ROAD NE ROANOKE FISH AND OSTER 30. STARKEY ROAD SW AND EDEN LANE SW 31. CANTER DRIVE AND LAKELAND DRIVE SW 32. HUGH AVENUE NW AND PEYTON STREET NW 33. 3203 WOODLAND DRIVE SW 34. NORTHLAKES DRIVE NW AND EAST DALE NW 35. WILLIAMSON ROAD NW AT ENTRANCE TO ROANOKE VALLEY CHRISTIAN SCHOOL 36. 3340-3350 BLOCK OF WOODLAND DRIVE SW 37. GLENVAR ELEMENTARY SCHOOL ENTRANCE 38. HUGH AVENUE NW AND ESTES STREET NW 39. WHIPLEDALE AVENUE NW AND QUAIL HOLLOW 40. PEYTON STREET NW AND ESTES STREET 41. HOLLINS ROAD AND GARMAN DRIVE NW 42. 5265 NORTHSPRING DRIVE NW 43. 5416 PLANTATION ROAD NW 44. DEER PARK DRIVE AND HEATHER HILL NW 45. 602 MAGNOLIA STREET NW 46. HOLLINS ROAD AND CARLOS DRIVE NW 47. WILLIAMSON ROAD NW AT NELMS DRIVE 48. HOLLINS ROAD AT TREVILLIAN 49. HOLLINS ROAD AT BEAUMONT 50. GARST MILL ROAD AT HOLLOWDALE SW 51. 6339 NELL DRIVE 52. 7016 PLANTATION ROAD 53. EVENINGWOOD LANE AND NORTHLAKES DRIVE 54. SUMMER DRIVE AND EVENING WOOD LANE 55. 544 WATER OAK DRIVE NW 56. PLANTATION ROAD AND PETTY AVENUE 57. WILLIAMSON ROAD AT ENON BAPTIST CHURCH 58. HOLLINS ROAD AT SHADWELL DRIVE 59. 3434 ELECTRIC ROAD SW-K92 60. BRAMBLETON AVENUE AT OLD CAVE SPRING ROAD 61. 4955 NORTHLAKES DRIVE 62. SUMMER DRIVE AND NORTH GARDEN LANE 63. MASON PARK DRIVE AND WINTER PARK DRIVE 64. WILLETT AND HASTINGS SW 65. WEST MAIN STREET-DIXIE CAVERNS AUTO PARTS 66. NORTHLAKES AND GREEN TREE LANE 67. 5416 PLANTATION ROAD 68. WILLIAMSON ROAD AND DENT ROAD 69. TINKER VIEW AND SHADWELL DRIVE NW 70. BENOIS ROAD SW AT RAILROAD TRACKS 71. FRANKLIN ROAD SW AT BUCK MOUNTAIN ROAD SW 72. FRANKLIN ROAD SW AND 5000 BLOCK OF STABLE RD 73. VALLEY AVENUE SW AND MEADOWVIEW ROAD SW 74. VALLEY AVENUE SW AND BOOKER ROAD SW 75. BOOKER ROAD SW COUNTY LEISURE ARTS BUILDING 25 ~-I Roanoke County Schools Fiscal Year 1992-93 Proposed Bond Projects 1. Mason's Cove - Classroom addition and renovations 2. Back Creek - Classroom addition 3. Cave Spring Elementary - Library addition and renovations 4. Glenvar Elementary - Electrical upgrade, heating and air conditioning 5. Herman L. Horn - Electrical upgrade, heating and air conditioning 6. Mountain View - Electrical upgrade, heating and air conditioning 7. Oak Grove - Electrical upgrade, heating and air conditioning 8. Burlington - Electrical upgrade, heating and air conditioning 9. Mount Pleasant - Electrical upgrade, heating and air conditioning 10. Clearbrook - Electrical upgrade, heating and air conditioning il. Roland E. Cook - Electrical upgrade, heating and air conditioning 12. Glenvar High - Middle school addition - (Close Ft. Lewis) Architecture/engineering costs (60) 13. Northside High - Architecture/engineering 14. William Byrd High - Architecture/engineering 15. Cave Spring High - Architecture/engineering Bond Issuance Costs (estimated) Total School Bond Projects $ 530,000 636,000 1,100,000 300,000 300,000 400,000 350,000 500,000 600,000 380,000 300,000 2,500,000 150,000 90,000 120,000 150,000 8,406,000 100,000 $ 8,506,000 26 ~-I RESOLUTION REQUESTING THE CIRCIIIT COURT TO ORDER A SPECIAL ELECTION ON THE QUESTION OF ISSUING GENERAL OBLIGATION CAPITAL IMPROVEMENT BONDS OF THE COUNTY OF ROANORE~ VIRGINIA WHEREAS, the Board of Supervisors ("Board") of the County of Roanoke, Virginia ("County") has determined that it is advisable to contract a debt and to issue general obligation capital improvement bonds of the County in the maximum amount of $17,790,000 for the purpose of financing the following public improvements in the following estimated amounts: School Projects: Classroom additions, building renovations and air conditioning of various schools $ 8,506,000 County Projects: New Library Branch 1,500,000 Landfill closure 2,750,000 Parks and Recreation (acquisition of land and construction and equipping of improvements) 1,750,000 Land acquisition for new high school 750,000 Miscellaneous improvements, including street and road improvements, fire hydrants, economic development, and drainage and flood control improvements 2.534,000 Subtotal for County Projects 9,284,000 TOTAL $17,790,000 The foregoing are estimated amounts and the Board, in its discretion, may reallocate proceeds of the proposed capital improvement bonds among the various capital improvements described above, provided that $8,506,000 shall be allocated to school projects and $9,284,000 shall be allocated to various County capital improvement projects. WHEREAS, pursuant to the authority granted by the Public Finance Act of 1991, Chapter 5.1, Title 15.1, Code of Virginia of 1950, as 1 ...1~ -- 1 amended ("Act") the Board proposes to call a special election to take the sense of the qualified voters of the County on the following question regarding the issuance of such general obligation capital improvement bonds; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA: 1. The Board hereby determines that it is advisable to contract a debt and to issue general obligation capital improvement bonds of the County in the amounts and for the purposes as set forth above. 2. The Board hereby requests the Circuit Court of Roanoke County, Virginia to order a special election on November 3, 1992 on the following question pursuant to Sections 15.1-227.12 and 15.1- 227.13 of the Act, provided that such date is at least sixty (60) days after the date on which the Court enters its order. The purposes and amounts of the bonds proposed to be issued shall be combined into a single ballot question in substantially the following form: SPECIAL ELECTION November 3, 1992 QUESTION: Shall Roanoke County, Virginia contract a debt and issue its general obligation capital improvement bonds in the maximum amount of Seventeen Million Seven Hundred Ninety Thousand Dollars ($17,790,000) pursuant to the Public Finance Act of 1991, Chapter 5.1, Title 15.1 of the Code of Virginia of 1950, as amended, for the purpose of paying the costs, in whole or in part, of the following public improvements in the following maximum amounts: School Projects (additions and renovations, air conditioning) $ 8,506,000 County Projects (library, landfill closure, drainage, flood control, parks and recreation, economic development, roads, fire safety and land acquisition) 9,284,000 TOTAL $17,790,000 ( ) YES ( ) NO 2 3. The County Administrator is instructed to file a certified copy of this resolution with the Circuit Court of Roanoke County, Virginia. 4. In accordance with Section 15.1-227.2 of the Code, the Board elects to issue the bonds pursuant to the Public Finance Act of 1991. 5. This Resolution shall take effect immediately. The undersigned Clerk of the Board of Supervisors of the County of Roanoke, Virginia, hereby certifies that the foregoing constitutes a true and correct copy of a resolution adopted by the Board of Supervisors of the County of Roanoke, Virginia at a regular meeting held on the 14th day of July, 1992. WITNESS MY HAND AND THE SEAL of the Board of Supervisors of the County of Roanoke, Virginia, this day of 1992. Clerk, Board of Supervisors of the County of Roanoke, Virginia (SEAL) 3 ACTION # A-71492-4 ITEM NUMBER~_.Z AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: July 14, 1992 SUBJECT: Approval of Informational Program for Bond Referendum COUNTY ADMINISTRATOR' S COMMENTS :~ ~ ~,, ~'-c-c'~-c~~/~-~ti ~ O~`'~~ "~' a~~' ~ ~ j l BACKGROUND INFORMATION: The proposed November bond referendum will require a coordinated informational campaign to educate the voters on the projects which would be funded, and the methodology which will be used to pay the debt. In the past, the County has used outside professional assistance in the preparation of educational material such as videos, slide presentations, brochures, advertise- ments, etc., and the Public Information Office has coordinated the informational program. Local governments can expend public funds to provide educational material to voters, but cannot attempt to persuade people to vote either for or against particular referendum questions. SUMMARY OF INFORMATION: Staff has begun meeting to discuss what type of information will be required by our citizens and the best methods for distribution of this information. A committee, chaired by the Public Information Officer, has been formed to coordinate the activities and the membership is comprised of an Assistant County Administrator, the Clerk to the Board, the Library Director, two representatives from the County school system, the Assistant Director of Recreation, and the Assistant Director of Engineering. The committee is in the process of reviewing the types of informa- tional efforts which can be conducted in-house, and deciding which groups to target during the campaign. The following suggestions were discussed: o Prepare a short fact sheet, containing information on the projects, so that everyone involved will have the same data. o Compile a list of possible speakers for use when civic groups, PTAs, etc., request someone to speak on the topic. o Inform the County Council of PTAs about the entire bond issue, and arrangements will be made for inclusion of this 1 ~ -Z information during the "Back To School" programs in September. Speakers will be provided for those meetings so that the topic will be familiar to the parents. o Educate County and School employees about the bond issue and the projects. This will ensure that they have correct information when they are asked questions. o Target user groups, such as Youth Athletic Leagues, library patrons, and students, to receive specific information about the bond issue. o Establish a hot-line for use by citizens with questions about the bond issue. The questions which are asked can also give the County some feedback on any areas which are confusing to the citizens. o Erect a display at Tanglewood Mall to help keep the proposal before the public during the Back to School shopping time. o Approach Civic Leagues and Neighborhood Watch Groups for time on their agendas, and tailor the talks to the concerns of the citizens of that area. o Target the Chambers of Commerce, Rotaries, and other business clubs and organizations for presentations on the economic development component of the proposal. o Place an insert inside the regular Parks and Recreation informational brochure which will be distributed at the beginning of September. Extra copies of the insert can be printed at a nominal cost, and would be available for distribution at meetings. In addition, the Committee has agreed that it is important to obtain professional services for the preparation of printed materials and audio/visual elements of the campaign. The resources are not available within County Departments to provide the necessary artwork, videos, etc. which would be appropriate for a project of this magnitude. Staff has already sent out a Request for professional services with respect to the bond received four proposals. The estimated costs are Newspaper Advertising (includes design) Television Advertising (includes production) Radio Advertising (includes production) Brochure (includes design and printing) Postage Slide Presentation TOTAL Proposals for referendum, and as follows: $8,000 $6,000 $4,500 $9,000 $4,000 5 000 $36,500 2 ~ -Z The last bond referendum held by the County was for a single project, Spring Hollow Reservoir, and passed in November, 1986. Advertising and other professional services for that campaign totaled $22,000.00. The campaign included a brochure mailed to all County residents, along with radio, television and newspaper advertising. Several costs, particularly newspaper advertising, have risen since that time. FISCAL IMPACT: $36,500.00 for a full-scale informational campaign, with assistance from outside advertising professionals. ALTERNATIVES' 1. Proceed with the full-scale campaign, along with the in- house informational promotion outlined above, and appropriate $36,500 from the Board contingency fund to cover the cost. This allows the County to keep the matter before the public during the entire pre-election time period, and is likely to make the majority of voters aware of the issue and its costs and benefits. 2. Proceed with the in-house informational program and certain elements of the educational activities. It is possible that the projects on this referendum are already familiar to the public, and that television and/or radio advertising may not be necessary to educate the voters on the matter. Cost for a partial campaign, including newspaper, radio and brochure, would be approximately $25,000, and this amount would need to be ap- propriated from the Board contingency fund. RECOMMENDATION: Staff recommends Alternative 1. This allows flexibility in proceeding, and it is still possible that all mediums would not be necessary. This could be determined later in the summer, and any funds not expended would then be returned to the Board Contingency Fund. f~ Anne Marie Green Public Information Officer ~ ~ ~~ Elmer C. Hodge County Administrator ACTION Approved (x) Motion by :. Denied ( ) to approve Received ( ) from Board Referred Fund with To come from Harry C. Nickens 18,250 funding Eddy Contingency Kohinke 18,250 fund to Johnson Schools Minnix Nickens cc: File Anne Marie Green, Public Information Officer Diane Hyatt, Director, Finar~e VOTE No Yes x x x x x Abs Reta Busher, Director, Management & Budget Bayes Wilson, Superintendent, Roanoke County Schools ACTION NO. A-71492-5 DENIAL ITEM NO. .~ - AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: July 14, 1992 AGENDA ITEM: Claim by the City of Roanoke for Unapproved Charges for Surplus Water COUNTY ADMINISTRATOR'S COMMENTS: The Board requested the staff to once again contact the City to discuss this issue. It was further suggested that we include one or more elected officials. I contacted the Roanoke City Manager who has advised me that the City Council does not wish to become involved in this issue. They have referred the claim to the City Attorney for legal action. I recommend denial of the claim. EXECUTIVE SUMMARY' By letter dated April 30, 1992, the City Attorney submitted a claim on behalf of the City of Roanoke in the amount of $320,353.39 for unpaid charges from the purchase by the County of bulk water from the City for fiscal year 1991 pursuant to the contract dated August 13, 1979. BACKGROUND' Sections 15.1-550 through 15.1-554 of the Code of Virginia describe the procedure for submitting claims to boards of supervi- sors. No legal action against the county upon any claim or demand may be maintained unless and until such claim has been presented to the board of supervisors. A determination by the board disallowing a claim shall be final and a perpetual bar to any action in any court on such claim, unless the decision of the board is appealed to the circuit court within 30 days from the date of decision. This matter was previously considered by the Board on May 26, 1992. Action was deferred to provide a final opportunity for the Board to engage in direct settlement negotiations with City Council on this matter; however, the Mayor of the City responded that this was a legal matter to be handled by the City Attorney. Attached is the Chairman's June 24, 1992, correspondence to the Mayor. ~~ The City Attorney has rejected this offer by the Chairman and has requested the Board to formally act upon the City's claim. SUMMARY OF INFORMATION: The City's claim and supporting information was previously submitted to the Board on May 26, 1992. By letter from the County Administrator to the City Manager dated December 17, 1991, the County listed its objections to these additional charges. For the period in question the County has paid $1, 260, 734.00 for FY 1991 and is objecting only to additional, adjusted billing. The County's objections are summarized as follows: 1) the inclusion of capital costs that are of a specific benefit only to particular City neighborhoods, that neither serve nor benefit the County, and that are not necessary to meet the City's obligations under the contract or to meet water quality or treatment standards; 2) the inclusion of capital costs to expand the City system to serve new customers in the City; 3) the inclusion of capital costs for significant long term expansions or upgrades of the City water system, (since the City unilaterally defined "surplus water" and the City retains the opportunity to cancel the contract); 4) the inclusion of capital costs for new services already paid for by new users (charging the County for expenditures for expansions or extensions previously paid by new users); and 5) charging the County for "capital outlay from revenue" from current or prior years' retained earnings, since a portion of these retained earnings were previously provided by the County (City expends funds from retained earnings for "capital outlay from revenue," then adds this expenditure to other costs to calculate the actual bulk water rate: in effect charging the County twice). FISCAL IMPACTS• If the Board allows the claim, the County would be required to pay an additional $320,353.39 plus interest. ALTERNATIVES• 1) Disallow the claim based upon the objections set forth above. ~ -3 2) Allow the claim and pay the additional, adjusted amount billed by the City for FY 1991. STAFF RECOMMENDATION: It is recommended that the Board disallow the claim, and thereby permit the City to pursue a judicial remedy. Respectfully submitted, ~~~ Paul M. Mahoney County Attorney Action Vote No Yes Abs Approved ( ) Motion by Bob L. Johnson to Eddy x Denied (~ deny claim Johnson x Received ( ) Kohinke x Referred Nickens x to Minnix x c:\wp51 \agendaVit\water.clm cc: File Paul M. Mahoney, County Attorney Diane Hyatt, Director, Finance Clifford Craig, Director, Utility Mary F. Parker, Clerk, Roanoke City Council, Certified Copy NOEL C. TAYIAR Mayor June 9, 1992 The Honorable Lee B. Eddy, Chairman Roanoke County Board of Supervisors P. 0. Box 29800 Roanoke, Virginia 24018-0798 ~ -3 _ iy "L : ('i};•' C •~? ~; m a.-ra i nGt the Count y _ y _. __ Dear Chairman Eddy: You have requested a meeting with members of City Council to discuss the County's unpaid water debt in the amount of $320,353.39. The City Council has placed this matter in the hands of the City Attorney for collection through the court system, and, accordingly, on April 30, 1992, the City Attorney hand delivered our Notice of Claim to the Clerk of the Board of Supervisors. City Council remains of the opinion that the County's unpaid charge for purchase of surplus bulk water is a legal matter and that any communications from the County relating to this issue should be~addressed to the City Attorney. As you may know, by letter of 3~~ne 5, 1992, to Mr. Mahoney, Mr. Dibling offered to meet with the County Attorney and receive any good faith settlement offer or suggestion of compromise that he might want to present on behalf of the County. Of course, Mr. Dibling will communicate any settlement offer or recommendation as to compromise to City Council immediately. If the County has any good faith offer to make, I would encourage you to have your attorney take advantage of Mr. Dibling's offer. I-, 3~,t> ~-aGe, ;~~e r-annot allow resolution of this matter to be ^delayed. Since October 14, 1991, the City has been denied $3z~J,:iS.s.:sy r•igti~~tiily uua to it under the August 13, 1979, contract. The matter of interest is rapidly becoming a major concern to City Council and City officials. Therefore, we must insist that the County act on the City`s Notice of Claim immediately. Sincerely yo~~rs, Noel ;:. Taylor', Mayor NCT/mf :c: Members, Roanoke City Council. W. Robert Herbert, City Manager Wilburn C. Dibling, Jr. City Attorney Joel. M. Schlanger, Director of Finance CI'T`Y OF ROANOKE OFFICE OF THE MAYOR 215 Church Avenue, S.W., Room 452 Roanoke, Virginia 24011 Telephone: (703)981-2444 O~ ROANp,I,~ ti p z ~_ J a 1838 COUNTY ADMINISTRATOR ELMER C. HODGE (703) 772-2004 C~~~xxt#~ ~~ ~~~~~C~e P.O. BOX 29800 ROANOKE, VIRGINIA 24018-0798 t"~-3 ~~~~ BOARD OF SUPERVISORS LEE B. EDDY, CHAIRMAN WINDSOR HILLS MAGISTERIAL DISTRICT EDWARD G. KOHINKE, SR.. VICE-CHAIRMAN CATAWBA MAGISTERIAL DISTRICT BOB L. JOHNSON HOWNS MAGISTERIAL DISTRICT 24 June 1992 H. ODELL "FUZZY" MINNIX CAVE SPRING MAGISTERIAL DISTRICT HARRY C. NICKENS VINTON MAGISTERIAL DISTRICT (703) 772-2005 Mayor Noel C. Taylor City of Roanoke 215 Church Avenue Room 452 Roanoke, VA 24011 Re: City of Roanoke Water Claim Dear Mayor Taylor: This letter is in response to your letter of June 9, 1992. The purpose of this letter is to propose a good faith offer to compromise and to seek a possible framework for the City and the County to achieve amutually-agreeable resolution to the dispute over the interpretation of the 1979 water contract. This dispute apparently stems from an adjustment in the water rates caused by certain charges made by the City identified as "capital outlay from revenue." This disagreement over the interpretation of the contract with respect to these charges is significant not only for the FY 1991 billings, but also for the as yet unknown impact of the City's $29.5 million bond issue for "water plant expansion and system improvements" on future rates and billings. Therefore, we agree that it is of critical importance to resolve this interpretation issue as soon as possible. The County is concerned that it cannot respond with specifics since we have incomplete data. At the beginning of this dispute the County requested more data concerning the specific projects and expenses included in the capital outlay for FY 1991 bulk water computation. The data provided by the City staff was very sparse. Therefore, we request further detail from the City explaining and justifying the various capital outlay projects. We have attempted to calculate the County's "fair" payment, but are unable to do so because of a dearth of data. It is necessary to clarify the contractual definition of "capital outlay." This clarification would clearly define those capital items properly included in the formula. It is the County's position that those expenditures that are of a specific benefit only to limited parts of the ® Recycled Paper ~3 Page Two 24 June 1992 City water system or serve only a single particular neighborhood, are ineligible for inclusion in the formula. Further, any expenditure must directly benefit County water customers to be included in the formula. Also, expenditures for expansions of the City water system should be eliminated from the formula, as well as expenditures to serve new customers in the City. It is particularly important to eliminate from consideration in the formula expenditures for new service expansions where the cost of the expansion has been previously paid for by a new user or developer. In the alternative, the formula should provide a capital credit for fees paid by new users or developers. Finally, payments for capital outlay expenditures should reflect the life of the capital facilities, not just the timing of the capital payments. For example, if a new facility is constructed with an intended forty or fifty year life, then the payment for that cost should reflect the actual life of that capital facility not the entire payment for that capital facility in one or two accounting periods. This latter aspect is of particular interest to the County as a result of the City's definition of "surplus water" in 1985. It is necessary to clarify the surplus water issue in light of the Section 2.4 contract language ("During times of water shortages or emergencies, the needs of both parties shall be treated equitably on a pro rata basis.") The clarification of the surplus water issue is a critical factor when considered in conjunction with the life of the capital facilities. There exists a question as to the constitutional validity of an interpretation of this contract that would bind the County to make future payments on the City's general obligation bond issue. To cure this problem the County suggests that the constitutional savings language ~~ of "subject to future appropriations be added to this contract just as the City and County have incorporated similar constitutional debt provisions in the airport and landfill agreements. Since the County is expanding its own water supply system, it does not require expansions of the City water system in order to serve the long-term water needs of County water customers under the 1979 contract. The County is willing to pay its portion of the cost of capital upgrades spread over the life of the capital improvements. No provision in the contract requires the County to pay for expansions of the City water system. While objecting to including the costs for expansions of the City water system in the contract formula, the County would acknowledge an obligation to pay its fair share for "upgrades" to the City water system, if the Board of Supervisors were given the opportunity to review and approve long term capital improvements designed to benefit County water customers (for example, upgrades that are necessary to meet the Safe Drinking Water Act or surface water treatment rule requirements would be proper expenditures for the capital outlay formula). This review and approval is consistent with other regional cooperative efforts of the City and County, and would resolve the constitutional debt problem, when subject to future appropriations. Page Three 24 June 1992 Finally, to complete the framework for a possible settlement of this dispute, the County urges a review of the "capital outlay from revenue" provisions of the contract and the use of "retained earnings" for the entire contract period. Quite simply, it appears that the formula as interpreted by the City results in double charging County water customers. For exam le, the County under the contract pays all actual expenses. In addition, it also pays P the "f' factor. This "f' factor is a 25 percent profit allocated to retained earnings. Subsequently, the City expends funds d°ture to other cor sts go calculaPetthe act al bu k revenue." The City then adds this expen water rate. Therefore, in effect, in subsequent years this application of the formula results in double-charging County water customers. Therefore, the County proposal for settlement of this dispute is as follows: The FY 1991 capital outlay projects must be recalculated, eliminating those projects that are of specific benefit only to the City or to individual neighborhoods in the City and not being of any benefit to the entire water system or not being necessary to serve County water customers. The 1979 water contract should be clarified to more particularly define those elements constituting "capital outlay." The constitutional debt creation problem should be resolved by making expenditures for capital projects subject to future appropriations. Expenditures for capital projects should reflect the life of the improvements, not an artificial accounting methodology. The 1985 surplus water definition should be clarified with respect to Section 2.4 of the contract and with respect to expenditures for capital facilities in conjunction with the life of these capital facilities. Finally, the double-charging of County water customers through capital outlay from revenue and expenditures from retained earnings must be reviewed. I understand that members of our respective staffs plan to meet to discuss these issues within the next few days. If appropriate, I would be pleased to meet with you and/or other City officials to further discuss this proposal. Of course, any settlement would have to be approved by both City Council and Board of Supervisors. Very ruly yours, Lee B. Eddy, Chairman Board of Supervisors of Roanoke County, Virginia cc: Members, Roanoke City Council and Council-Elect ~~„ ,..~ ~ `''~ Members, Roanoke County Board of Supervisors W. Robert Herbert, City Manager ~ ~ ~ l ~~ od e Coun Admuustrator Elmer C. H g , tY W. C. Dibling, Jr., Esquire, City Attorney a . Q 0 r y~ Paul M. Mahoney, Esquire, County Attorney -~1--` , U Gam. ~! ? ACTION NO. A-71492-6 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER IN ROANOKE, VA ON TUESDAY, MEETING DATE: July 14, 1992 AGENDA ITEM: Public-Private Partnership for Signalization at Colonnade Corporate Center, Route 419 COUNTY ADMINISTRATORS COMMENTS: '~T zy`L~,~z,~,~,~~~,/ EXECUTIVE SUMMARY: Bruce Hobart, developer of Colonnade, has had several prospects for the Colonnade II building. One of the issues affecting a decision on the location is ingress/egress to the site from Route 419. The Virginia Department of Transportation (VDOT) has advised the County staff that a traffic signal is needed on 419 at McVitty Road and the entrance to Colonnade. There is an existing agreement between VDOT and Bruce Hobart to install the signal and allocate the estimated $75,000 costs of this signal between VDOT and the Hobart Companies. Bruce Hobart has requested Roanoke County to fund a portion of the signal costs under the Public-Private Partnership Policy. The Public-Private Partnership Policy allows for the expenditure of public funds for basic industries such as manufacturing, and for major employers hiring over 250 employees. Currently there are six companies in Colonnade II and nine companies in Colonnade I with a total of 200 employees. There is a lease pending for 17,679 square feet (one floor) of Colonnade II and 75 new employees for a company relocating from outside the Roanoke Valley. This concentration of companies meets the criteria of 250 employees that is set forth in the policy. There are several other active prospects being pursued through the Roanoke Valley Economic Development Partnership that would necessitate the construction of a third building on the site. FISCAL IMPACT: Colonnade I and II have an annual real estate tax of $41,734.30. Public-Private Partnership funds are available from the Economic Development Fund which has a balance of $100,000. Payback from real estate taxes will occur within 1 1/2 years ($20,000 for Colonnade II) if the prospect locates. "7 For a $30,000 appropriation, Roanoke County would be spending $109 per job ($30,000 - 275). On a comparative basis, the Small Business Administration (SBA) requires that a job be created for every $15,000 of Federal funds. STAFF RECOMMENDATION: Appropriate $30,000 from the Economic Development Fund towards the cost of the traffic signal at the intersection of Route 419 and McVitty Road with the condition that the Hobart Companies make payment of $7,500 prior to Roanoke County expending any funds toward this project. Respectfully submitted: Approved: ~ ~~ r ~ ~f~ ~-rca Timothy W. Gubala E mer C. Hodge Director of Economic Development County Administrator --------------------------------------------------------------- Approved ( ~ Denied ( ) Received ( ) Referred to ACTION Motion by: H. Odell Minnix motion to approve sta recommendation No Yes Abs tain Eddy x Johnson x Kohinke x Minnix x Nickens x cc: File Timothy W. Gubala, Director, Economic Development Diane Hyatt, Director, Finance Reta Busher, Director, Management & Budget Arnold Covey, Director, Engineering & Inspections ACTION NO. A-71492-7 ITEM NUMBER '~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: July 14, 1992 AGENDA ITEM: Request for a Recreation Partnership Policy and for an appropriation of $15,000 to fund the Lighting of Ball Fields at Green Hill Park. COUNTY ADMINISTRATOR' S COMMENTS : ~~ _ ~~.~-G~r~ca ~,..~.y _ ~~ ~ ~ ~ -e~ ~ - ~ -•^-~i , ~ ~ . ~ ~-z ~ - - , ~ .. , BACKGROUND• It has been suggested that staff develop a partnership policy for the development of recreational facilities. This policy would be similar to our current policy with the Fire and Rescue Department in the purchase of vehicles and our public-private partnership policy for economic development projects. Using this policy, organizations or individuals could make proposals to the County whereby they would fund part of the facility or development cost and the County would be invited to share in the cost. The policy would also address issues such as the ownership of the asset, liabilities assumed, handling of the operating costs or other pertinent conditions. The County has shared in the cost of some improvements in the past in a less formal manner, however, with the increased number of requests, a system must be implemented to control the priority and consistency of handling these requests. Staff suggests that the policy be recommended by the Parks and Recreation Advisory Commission and returned to the Board of Supervisors for action. The County is presently in receipt of a proposal from the Glenvar Youth Boosters to light three ball fields at Green Hill Park. The Club has already received donation of twelve sixty foot poles which have been delivered to the site. The Club also has commitments for donated services to plant the poles, install the light apparatus, and complete the electrical work for these three fields. The County would be responsible for the ongoing operating cost for the electrical service. The Club is requesting $15,000 to be appropriated by the County to assist in the purchase of the light fixtures, bulbs, and related electrical apparatus. The cash difference would be provided by the Club. The expenditure of these monies must be in compliance with the County's Procurement Ordinance and normal bidding procedures. t• '' ~-5 During the preparation of the list of projects for the bond referendum, staff was aware that the Club was working to light a field at Green Hill Park and it was felt that the capital project would be completed without assistance from the County. Staff concurs in the desirability of lighting ball fields and the master plan for the development of Green Hill Park suggests the lighting of three baseball fields. The estimated cost to light one ball field using total contract work ranged from $42,000 to $72,000 depending on field size, desired lighting intensity, and the availability of power to the site. The requested $15,000 contribution from the County would be approximately 1/3 of the value of the materials required for this project. FISCAL IMPACT' The County share for the lights is $15,000. ALTERNATIVES' (1) Appropriate the $15,000 from the Capital Reserve Account. (2) Defer Action and consider the request as a part of the normal budget process for the 1993-94 fiscal year. RECOMMENDATION' Staff suggests alternative (1) to appropriate the monies from the Capital Reserve Account. Staff further recommends that the Parks and Recreation Department and the Advisory Commission develop a partnership policy for future park improvements to be brought back to the Board for consideration and approval. Respectfully submitted, Approy d by John M. Chambli s, Jr. Elmer C. Hodge Assistant Administrator County Administrator ---------------------------------------------------------------- Approved (X) Denied ( ) Received ( ) Referred ( ) To ( ) ACTION VOTE Motion by: Edward G.Kohinke, Sr. No Yes Abs to approve Alternative #1 Eddy x Johnson x Kohinke x Minnix x Nickens x cc: File John Chambliss, Jr., Assistant Administrator Diane Hyatt, Director, Finance Reta Busher, Director, Management & Budget Elaine Carver, Director, Procurement John Chambliss, Jr., Acting Director, Parks & Recreation ACTION NO. A-71492-8 DENIAL ITEM NO. ~D AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: July 14, 1992 AGENDA ITEM: APPEAL OF DELANCEY STREET NORTH CAROLINA FROM DENIAL OF APPLICATION FOR PERMIT TO SOLICIT IN ROANOKE COUNTY COUNTY ADMINISTRATOR' S COMMENTS : ~'~ .z~,-,-L,-~~~x ~..~~~` EXECUTIVE SUNIlKARY The Commissioner of Revenue has determined that Delancey Street North Carolina, a § 501(c)(3) tax-exempt organization, must obtain a solicitation license for each of its representatives due to their direct sale of a product as their fund raising activity. BACKGROUND' Delancey Street North Carolina is a drug rehabilitation program located in Greensboro, North Carolina housing approximately 25 residents. It is an independently functioning and self-support- ing unit of the Delancey Street Foundation which was originally founded in San Francisco approximately twenty years ago. Residents of this facility are required to work in one of Delancey Street's business operations and make a multi-year commitment to this rehabilitation program. The residents receive no wages or income from their activities, but all profits go to support the opera- tions, which provides food, shelter and clothing for these individuals. Delancey Street does not directly solicit donations for its activities but requires its residents to either sell items such as barkchip planters, sand paintings and cutting boards or to work for their moving company or landscaping operation. SUNIlKARY OF INFORMATION Upon being advised of the potential application of Roanoke County's business license ordinance, Chapter 10, and solicitation ordinance, Chapter 19, representatives of Delancey Street North Carolina met with Commissioner R. Wayne Compton, Mary H. Allen, Clerk to the Board, and myself. After a meeting which lasted more than one hour, it was the determination of Commissioner Compton that the fund raising activities contemplated by this organization within Roanoke County constituted "solicitation" as defined by Sec. - (~ 19-1 of the Roanoke County Code, specifically: "(1) Seeking to obtain orders for the purchase of aoods, wares. merchandise, foodstuffs or services of any kind, character or description., (4) Seeking to obtain contributions for charitable nonprofit organiza- tions or sellina anv aoods wares merchandise or other thinas for the benefit of such an organization." [Emphasis added]. Therefore, any individual to be engaged in such solicitation was required to obtain a permit as required by Sec. 19-3 of the Code at a cost of $30.00 per person. In addition, the organization was required to obtain a business license as a direct seller under Sec. 10-48 of the County Code. It was the determination of Commissioner Compton, after conferring with legal counsel, that no provision existed in Chapter 19 of the Roanoke County Code which would permit him to exempt these individuals from this permit requirement even though we accepted their assurance that 100 of the proceeds from their sales on behalf of Delancey Street went directly back to the organiza- tion. Delancey Street North Carolina has obtained solicitation permits for six of its residents to solicit in Roanoke County at a cost of $180.00. The organization has noted its appeal of the Commissioner's decision pursuant to Sec. 19-24 (b) of the County Code by letter dated June 30, 1992. ALTERNATIVES' I. Uphold the decision of the Commissioner of the Revenue and deny this appeal. II. Grant the appeal of Delancey Street North Carolina to permit their representatives to solicit within the County of Roanoke by obtaining orders for the purchase of goods, wares and merchandise without the payment of a permit fee upon the following rationale: a. As a one time exemption with all similar requests to come before the Board for approval; or b. Amend Sec. 19-21 of the Roanoke County Code to provide a specific exemption for this and similar organizations by the addition of a new subsection (c) as follows: "The provisions of this section shall not apply to any solicitation conducted by participants in or residents of a § 501(c)(3) organization where 100 ~ [80 $] of the proceeds of any solicitation, as defined by Sec. 19-1, are deposited to the account of or credited directly to the benefit of that organization." STAFF RECOMMENDATION: Staff recommends Alternative I. 2 t ~ Respectfully submitted, Jo~eph $. Obenshain S for Assistant County Attorney ------------------------------------s--------------------------- Action Vote No Yes Abs Approved ( ) Motion by Edward G. Kohinke, Eddy x Denied (x) Sr to approve Alternative #1 Johnson x Received ( ) to deny the claim Kohinke x Referred Minnix x to Nickens x cc: File Joseph B. Obenshain, Senior Assistant County Attorney R. Wayne Compton, Commissioner of Revenue Mary H. Allen, Clerk to the Board Alvester Ellis, Director, Delancey Street North Carolina - Certified Copy 3 DELAnCEY STREET nORTti CAROLInA _ 811 North t:(m Street Greensboro June 30, 1992 Mr. Lee B. Eddy Board of Supervisors County of Roanoke P.J. Box 29800 Roanake, Virginia 24018-0798 Dear Mr. Eddy, ~il.~ North Carolina 27401 (9i9) 379-8a7~ MIMI h. SILBERT, Ph.D., PRESIDEnT/CEO - l0 This is a formal request to appeal the denial of our application for a permit to solicit in Roanoke County. The application was denied based on opinions given by the County Attorney's office and the Commissioner of Revenue. Because Delancey Street's solication involves direct sales of a product, they felt that we should apply far a business ~ solicitation license through the Commissioner of Revenue's affice. We feel that Delancey Street should have been issued a solicitors license free of charge. Delancey Street is a non-profit organization as determined by the Internal Revenue Service. The solicitors and solicitations regulation Article I (In General) Sec. 19-1 ~Jumber 4, applies to organizations such as Delancey Street Foundation. Enclosed, i s a copy of the Roanak.e Caunty , V i rg i n i a application for o f ree l i cense which clearly applies to Delancey Street. Enclased are copies of licenses which were obtained thru the Commissioner's of Revenue Office for six. residents of Delancey Street. Delancey Street does not have any paid staff. All funds from the sale of planters are used to defray operating expenses. The refund should be in the amount of $180.00. If you have any questions or need additional information, feel free to contact me. Sincerely, ~~~~ Alvester Ellis Di rector AE/bg SAn FRAnCISCO MEW YORK nEW MEXICO 2563 Diuisadero 71trk Hill Road P.O. Box 1240 San Francisco Brewster San Juan Pueblo cos AnaEt-Es 134416th Street Santa Monica SOLICITORS AND SOLICITATIONS ARTICLE I. IN GENER.~•L § 19-4 ° (f~ Sec. 19-1. Definition. one or or the uI-pose of this chapter, the term "solicitation" shall mean and include any F P more of the following activities: ~ foodstuffs or to obtain orders for the purchase of goods, wares, merchandise, (1) Seeking services of any kind, character or description. urchase of, insurance ective customers for appli~tion for, or p (2) Seeking to obtain prosp of any type, kind or character. news a ers or any to obtain subscriptions to books, magazines, periodicals, P P (3) Seeking ublication. other type or kind of p rofit organizations or selling any to obtain contributions for charity for the benefit of such an organization. (4) Seeking goods, wares, merchandise or other things (Ord. No. 1789, § 16.1.9, 6.14.77) ter. Sec. 19.2. Violation of chap ter shall be guilty of a Class 4 misde- . '~, Any person violating any provision of this chap meanor. (Ord. No. 1789, §§ 16.1-3, 16.1-10, 6-14-77) § 1.10. Cross reference-Penalty for Class 4 misdemeanor, ermit generally.. Sec. 19-3. Solicitor's p ~. '--:• ~ ~ unless such hall be unlawful for any person to engage in solicitation,in the county (a) Its ermit at a cost as,from.time to, time. is established by the person shall have first obtained a p isors. The applicant must provide the .commissioner of the revenue `+'nte soln of his emp , y board of superv ~ ~ to er. Any P name, local address, acceptable identification~aneStoheo~h~e`ublications must also obtain a P wishing to solicit subscriptions for books, mag , as required by section 40.1-112 of the permit from the commissioner of labor and industry, Code of Virginia. rovisions of this section shall not,be applicable to school children. of the county (b) Thep ursuant to a when soliciting for school-sponsored activities or to ..solicitations conducted p permit issued under article II of this chapter. (Code 1971, § 11-4; Ord. No. 84.194, § 3, 11-13-84) Sec. 19.4. Soliciting prohibited during certain ho~'s• nlawful for any person to engage in solicitation in the county at any time prior It shall be u to 9:00 a.m. or after 10:00 p.m• (Ord. No. 1789, § 16.1-7, 6-14.77) 1227 ROANORE COIINTY, VIRGINIA //~~, - C.L~ This form is for use by charitable, non-profit organizations applying Roanoke County for a permit to solicit or sell or cause a solicitation sale to be made within Roanoke County. [ 1 ] Applicant' s name and address : ; ,-~ . ~,~ -- ~ ~ ~ , i ;~~/o/ [2] Applicant's phone number between 8 a.m. and 5 p.m:' ?~ 7 ,% ~='~~ - ,~'<' -~ [3] [4] Name and address of the organization receiving proceeds fry soali/citation/: ~ +,~_ 1~ x~~t./ 5~ ~-v„~~,~ ,C,-~,,. , .-? 7~/v/ Name and address of the principal officer or manager of the applican~~ if the applicant is other than an individual: [5] Purpose for which any receipts derived from t_he solicitation are to 1 used: {/' ~ + _ i [6] Name of the person by whom the receipts of the solicitation will received and disbursed: i~~, T~~~ ~ ~ ~~,~,~ ~of~~'~~~Toti7i - ~ , [7] Name and address of the person who will be in direct charge c conducting the solicitation: ; ~ ry,, ~ n~ ~ -~- [8] Outline the method to be used in conducting the solicitation: [9] Provide a full statement of the character and educational, or philanthropic work being done organization receiving proceeds from the soli ~/- ~ extent of the charitablc in Roanoke County by t2 citation: ( l0 ] Federal tax employer identification number: ~~~ - ,,2 - ~}<j/ - ~ j y~ cj / State and federal tax-exempt identification numbers: [11] Dates on which solication will begin and end (NOT TO EXCEED 60 DA~ TO BE CONDUCTED ONLY BETWEEN 9 A.M. AND 10 P.M,:, LOCAL ~ ~~---~~_=' ~--'~-':r'_.._:'iD FOI1; TO: CLEi~; TO THE BOI~RD OF SUPERVISORS P. O. BOX 29800 ROANOKE, VIRGINIA 24018-0798 (703) 772-2005 ~~ ROANp,~~ ~ ,~ A z o a rasa C~~ixx~~~ a# ~~~txto~P P.O. BOX 29800 ROANOKE, VIRGINIA 24018-0798 COUNTY ADMINISTRATOR ELMER C. HODGE (703) 772-2004 June 17, 1992 Mr. Tom Jones Delancey Street Foundation 811 North Elm Street Greensboro, North Carolina 27401 Dear Mr. Jones: (703) 772-2005 This is to acknowledge receipt of your application for a permit to solicit in Roanoke County on behalf of the Delancey Street Foundation. Your application has been denied based on opinions given by the County Attorney's Office and the Commissioner of Revenue. Because your organization's solicitation will involve direct sales of a product, they feel that you should apply for a business license and a solicitation license through the Commissioner of Revenue's Office. According to Roanoke County Code, you have the right to appeal this denial directly to the Board of Supervisors. If you wish to proceed with an appeal, please let me know and the issue will be placed on the next Board of Supervisor's Agenda. If I can be of further assistance, please call me. Sincerely, Mary H. Allen, Clerk Roanoke County Board of Supervisors MHA/bjh cc: R. Wayne Compton, Commissioner of the Joseph B. Obenshain, Chief Assistant John H. Cease, Police Chief BOARD OF SUPERVISORS Revenue County Attorney LEE B. EDDY, CHAIRMAN WINDSOR HILLS MAGISTERIAL DISTRICT EDWARD G. KOHIN KE, SR., VICE-CHAIRMAN CATAWBA MAGISTERIAL DISTRICT BOB L. JOHNSON HOLUNS MAGISTERIAL DISTRICT H. ODELL "FUZZY" MIN NIX CAVE SPRING MAGISTERIAL DISTRICT HARRY C. NICKENS VINTON MAGISTERIAL DISTRICT ® Recycled Paper TtdTER~AL REVEi~UE SERVICE DISTRICT DIRECTOR C - 11 i~ 0 ATLAi~TA- GA 30501 ~~ ~• : hiRY 1 2 199? L~l__fiiJCE~' c TF,f ~. ~ f•'Uh:If. t_~11 C!_ ?,:~ it ii ~.LGi~~tic:1_!h~_I9 P+i: r~#~)i __Dear Applicant: DEF'ART~iEi~T OF THE TREA~;U~:Y .=:1 .,:.ail'-.. [i ll {~ i_e i~l~r:rr .4i i, ~~d :. ~~~t,c This mad i f i es our l ett~r _~f the ab~~v~ date i .'. ~<h i ch ~~t ~Lat-Cd that y~~u st~~uld be treated as an organi~atir_~n that is not a private foundation anti. the er.~piratic~n of your aGvance ruling per-ir_~d. Your e>:empt status under section 5U1(a) •.•f the Internal Revenue Cade as an organ i gat i an described i n section 501 (c) (5) i s st i I 1 i n of f eci:. Erased ~,zi the information you submitted see have determined that you ar-e nc~t a private foundation s-Within the meaning of section 509 (a) of the Cade because you are an or-gani~ati~an of the type described in section 509(a) (1) and i70(b) (1) (A> (vi). Grantors and contr i b ut~~rs n~~ay re I y can tt~ i s determ i not i ~~n un I ess the Internal Revenue ~JerVICe publishes n~~tice t.• the c~~ntrary. H~~s•iever~ if y~au 1c~se your sec.ticrn 509 (a) (1) status a granter car cc~ntributc~r- may nc~t rely ~~n this determination if he ~~r- she :-gas in part respc~nsible fc~r7 ar i•ias as~tare af, the act ~~r failure t~~ act, •.•r the substantial car material change on the part r_~f the organ i gat i ~~n that resulted i n y~~ur lass of such status or i f he car she acquired kn~~s~aledge that the Internal Revenue Service had given notice that y~~u s~~c~uld nc.~ Itmger be classified as a section 509 (a) (1> organi~atic~n. If see ;gave indicated i n the heading of this 1 otter that an addendum applies, the addendum encl~~sed is an integral part ~~f this letter. Because this letter c~~uld help resolve any questions about y~~ur privai:e foundati~~n status pleast• keep i+, in v~~ur pern~~anent regards. "~` ., - :. r -~ - _ _ ~_ ~inc;_r~--. ,urn--. (/~ ~ Q~ ~A Pau! k~i I I ian;> G i =.tr i ~~ G i r~~_t~_ r Enc I ~~surt Addendum .~ - cC/ f~1f_~_HftL~~~l .. ...-._ ! ,.!i-11.. ~ t-, __ -.it'(IL11V(~ ~_~ l(~ I_ I ._ _. ~ _ .. _. .:. ~: ~ f~ lam' i~ 1 ~ c 1 ~ ~ _. „ _': 1. v ~: ~ ~, ~ _ ._ ~ i1 r•.1 ... .. i i ~~ _ ~ _~~ 1 = ~~. 7~~ ~rrS~ i' 1 t~ei i ~it ~ I C~1! beCdl,.,e t;l~ <=.upp~ `t `: ii;?~~r_ r rCc 1 ~, .~LICEh St.Yf. r-.• .~ j=~.. ~~, ExPIRES DECEMBER ~~ BUSINESS LICENSE NO. 1 -GC-- • ~ -... ~~ Sr .. I .CEN$E_.YE-___ _.- _. ~,~_ ~C3~~4F~E CaUt~TY LtCEt~SE ~"~~ ~ --•` COM-~ISSIONER OF THE REVENUE I P. O. BOX 20405 ROANOKE, VA 24018-0513 PHONE 772-204S ExPIRES DECEMBER 3, ~' BILL NO. ~ ,,., . , .. r _ ,.. _, , .. - ;;; ;~,~-: PLEASE RETURN ALL COPIES. YOUR RECEIPT WILL BE MAILED TC YOU. _ - FED. EMPLOYER LD. NO. S.S. # TRADE NAME BUSINESS TELEPHONE RESIDENCE TELEPHON~ APPLICANT Name and Address NOTE GROSS RECEIPTS FROM '4t~ 1 ~~ INDIVIDUAL ^ PARTNERSHIP ^ CORPORATION .IMPORTANT LICENSE VAJD ONLY FOR PERSON NAMED HEREON L L;; `fir.) ~-; BRIEF DESCRIPTION OF BUSINESS I DATE BEGAN BUSINESS IN ROANOKE COUNTY ALL BUSINESS LICENSE GROSS RECEIPTS SHOULD BE REPORTED ON A CALENDAR YEAR BASIS. ut5 - '~?,.,' -..CLASSIFICATION . " , , , _ GROSS RECEIPTS'- TAX - ` RETAIL MERCHANT IN BUSINESS THROUGHOUT THE PREVIOUS YEAR -SALES SERVICE STATIONS - # GAL. GAS SOLD ( ) ~ @ ADJUSTED GROSS SALES THROUGHOUT,YEAR WHOLESALE MERCHANT IN BUSINESS THROUGHOUT THE PREVIOUS YEAR -PURCHASES '.. ', ALCOHOLIC BEVERAGE Beer and Wine -FEES ABC NO. COIN-OPERATED AMUSEMENT MACHINE FEES BUSINESS SERVICE OCCUPATION - SPECIFY TYPE PERSONAL SERVICE OCCUPATION :., ,I SPECIFY TYPE :. _ - _ .. REPAIR SERVICE OCCUPATION SPECIFY TYPE PROFESSIONAL SERVICE OCCUPATION SPECIFY TYPE CONTRACTOR CLASS A # CLASS B # SPECIFY TYPE COMMISSION MERCHANT NEW BUSINESSES ESTIMATE AND ADJUST GROSS RECEIPTS UNTIL A FULL YEARS EXPERIENCE HAS ACCUMULATED. (ESTIMATED GROSS RECEIPTS FROM PREVIOUS YEAR) _) ACTUAL GROSS RECEIPTS FROM PREVIOUS YEAR ~A{5.~6`Fivl~ ~-y£fiV7`E QED ~ ~A ~ . N T ' I -- J ' _ (+) Lf J 1 ~ OTHER BUSINESSES -SPECIFY TYPE -- L -- ~ ;- ~~ } , PAST DUE -~ ~; . PENALTY 1U% (510. minimum) for failure to renew license. ! ~ . :! t. INTEREST . ~ . i TOTAL LICENSE TAX - MAKE CHECK PAYABLE TO TREASURER OF ROANOKE COUNTY ~ (~ ~ Q I, the undersigned app~ica o swear (or affirm) that the foregoing figures"and statement are true, full and correct to the best of m~ awle ge.~nd b lief. ~•~~~~ - ~ ,, .a2 ti , - -- r -- _ _ - -- !,P _ ~., ~ i0 . DATE ALL CLASSES OF LICENSES REQUIRED. VI{GVhJIA FtiLGISTLHED :,GENT P;AIJ,E AND ADDRESS T'~?iS LiCEF~SF s,~! SS i EE r'ETU,rs'~lED 70 COf,~F,~{SSIOFiEFt OF TKE RFVEN[1E UPOF~ TFRF~I~'l:TiC,F~ OF B[!~ I-:E~SS. ~~l1C~El.SIE4'EIR--~-- ~ r ~:~ ;~ ! ~ { i~C~~~~i~i4E C~l1t~~Y LiCEB~SE T/~X -_ - I CFNSEYIAR j ~~ ~`1 ~ _ l~ _ ? ~; . ~` CONRt~ifSSIONER OF THE REVENUE EXPIR>-~ECEMBER 3t I EXPIRES DECEMBER 3~ P O BQX 204.04 RO~,NOKE, VA 24018-0513 PHONE 772-2049 ~~ BUSINESS LICENSE NO BILL NO. .. . . ~- .1 , ,_-;;J PLEASE RETURN ALL COPIES. YOUR RECEIPT WILL BE MAILED TO YOU. ~ :_ I? r~ _ 'y ,~ FED. EMPLOYER LD. NO. S.S. ~' TRADE NAME BUSINESS TELEPHONE RESIDENCE TELEPHONE ~1 i ~ -r iy t; . APPLICANT Name and Address ~ NOTE: GROSS RECEIPTS FROM ALL CLASSES OF LICENSES REQUIRED. ~i t~! EL i'I c -~ ~~ INDIVIDUAL ^ PARTNERSHIP IMPORTANT -1 LICENSE VALID ONLY ^ CORPORATION FOR PERSON NAMED HEREON 11 t~f EL!~ S~r :REEhd~EtC!RO t~iC 2^401 BRIEF DESCRIPTION OF BUSINESS t scE~~~r~f=ous DATE BEGAN BUSINESS IN ROANOKE COUNTY 06i1~%9 ALL BUSINESS LICENSE GROSS RECEIPTS SHOULD BE REPORTED ON A CALENDAR YEAR BASIS. IDES CIASSIFICATiON ~ ~ _-GROSS RECEIPTS - TAX RETAIL MERCHANT IN BUSINESS THROUGHOUT THE PREVIOUS YEAR -SALES SERVICE STATIONS - # GAL. GAS SOLD ( ) ¢ ~ ADJUSTED GROSS SALES THROUGHOUT YEAR WHOLESALE MERCHANT IN BUSINESS THROUGHOUT THE PREVIOUS YEAR -PURCHASES '~`i ALCOHOLIC BEVERAGE Beer and Wine -FEES , ABC NO. COIN-OPERATED AMUSEMENT MACHINE FEES BUSINESS SERVICE OCCUPATION SPECIFY TYPE - .. PERSONAL SERVICE OCCUPATION SPECIFY TYPE ': - , REPAIR SERVICE OCCUPATION SPECIFY TYPE PROFESSIONAL SERVICE OCCUPATION SPECIFY TYPE CONTRACTOR CLASS A # CLASS B # SPECIFY TYPE COMMISSION MERCHANT NEW BUSINESSES ESTIMATE AND ADJUST GROSS RECEIPTS UNTIL A FULL YEARS EXPERIENCE HAS ACCUMULATED. (ESTIMATED GROSS RECEIPTS FROM PREVIOUS YEAR) ACTUAL GROSS RECEIPTS FROM PREVIOUS YEAR ' 1 ~ OTNER BUSINESSES -SPECIFY TYPE -- - L L. Jt; PAST DUE PENALTY ~D°~ (510. minimum) for failure to renew license. ~ ~ ~ INTEREST - ~ ~-~ TOTAL LICENSE TAX - MAKE CHECK PAYABLE TO TREASURER OFROANOKECOUNTY } ~ O 0 O I, the undersigned ap licant do swear {or affirm) that the foregoing figures dstatements are rue, full and correct to the best of 6C~7T~ n 'lief. {{ {{~ 6`e L j I ~ ~' ~ .~~ ~ ~ ~ - - ~ - -==--- _ _ - -= a -~ -- _ -_ _ __ ,~.~ ,_ :.F;~i _~.~,~,: vir7Glr`iA REGISTERED AGEwT n~alsC t;rv~ ~,PU +ESS THiS LICEf•tSE MUST I/F.= RE1-U^?'dED TO COf~f~iSSIONER OF THE REVENUE UPON Tt:nl:~'?4!-, i iOf~' OF HUSI!~!ESS. .. T LICENSE YEAR ~ Rp~,l~OICE COUEVTY LlCEt~SE T/~X L;GENSE YEAR '" s. t ~^ ~ ~~ COMMISSIONER OF THE REVENUE } :~ ~~ EXPIRES DECEMBER 3~ p. O. BOX 20409 ROANOKE, VA 24018-0513 PHONE 772-2049 EXPIRES DECEMBER 31 BUSINESS LICENSE NO. kPplic~tion anc Payr ;~ due on cr hc'o ;- Js•?!. ,, _ BILLNO. ;! !i ~~ ~ .1 ~ ~.~ PLEASE RETURN ALL COPIES. YOUR RECEIPT WILL BE MAILED TO YOU. `:~'< 1= (_' >j 1 `l =:t=;' FED. EMPLOYER LD. NO. S.S. # < TRADE NAME BUSINESS TELEPHONE - RESIDENCEc~TELppEPHONE G 44. i'.'f_:, _~' I i~_ "I~~i~ ~{_i!`l iii hi j i~j'.. Cl=-}-~~ r: Vii. ~--J~~7-GG}i . APPLICANT Name and Address 1~11JS-;1-?Y DONNA £:11 t~! F_Lh1 ST i~Rr~FNS80RrJ h'dC 2740 IMPORTANT LICENSE VALID ONLY ~] INDIVIDUAL ^ PARTNERSHIP ^ CORPORATION FOR PERSON NAMED HEREON NOTE: GROSS RECEIPTS FROM ALL CLASSES OF LICENSES REQUIRED. x'11 N ELM S i ~REENSHfJRt7 NC 2:401 BRIEF DESCRIPTION OF BUSINESS I SCELLAtJEC~US GATE BEGAN BUSINESS IN ROANOKE COUNTY- _' pb/1?i92 ALL BUSINESS LICENSE GROSS RECEIPTS SHOULD BE REPORTED ON A CALENDAR YEAR BASIS. )DES ~r'~.~; ~".~.. : "` " .,` `" CLASSIFICATION _t;;~ -'~' '3 GROSS°'RECEIPTS,- '~,,~:TAX ,~~: RETAIL MERCHANT IN BUSINESS TRROUGHOUT THEPREVIOUS YEAR '~ "SALES SERVICE STATIONS #f-'GAL~GAS SOLD (~^j-~:.. ) ¢ C, .;: ADJUSTED GROSS SALESTHROUGHOUT;YEAR., ` ~ WHOLESALE MERCHANT 1N BUSINESS~THROUGHOUT rTHE PREVIOUS ~~PURCHASES . . _ ,.a. ^'~ - t ~'. ~,. ALCOHOLIC.BEVERAGE Beer and Wine.,.,---.FEES ~ :-':; 7. .. may. 'ABC NO, '^€'" k~', COIN-OPERATED AMUSEMENT MACHINE FEES • BUSINESS SERVICE OCCUPATION ~",,' SPECIFY TYPE _' . '" ~~', PERSONAL SERVICE,000UPATION SPECIFY TYPE,.b~SF'f~~t';~a~~~-:. ~:M ; - .: ~;~yt,a,,; REPAIR SERVICE OCCUPATION SPECIFY TYPE . - PROFESSIONAL SERVICE OCCUPATION SPECIFY TYPE CONTRACTOR 'CLASS A # CLASS 8 # SPECIFY TYPE COMMISSION MERCHANT NEW BUSINESSES ESTIMATE AND ADJUST GROSS RECEIPTS UNTIL A FULL YEARS EXPERIENCE HAS ACCUMULATED. (ESTIMATED GROSS RECEIPTS FROM PREVIOUS YEAR) ACTUAL GROSS RECEIPTS FROM PREVIOUS YEAR I 1 G - \ ± ) 1 J OTHER BUSINESSES -SPECIFY TYPE ~~ PAST DUE PENALTY ~D°~ (510. minimum) for failure to renew license. INTEREST TOTAL LICENSE TAX - MAKE CHECK PAYABLE TO TREASURER OF ROANOKE COUNTY ~ -3 O O Q I, the undersigned applicant, do swear (or affirm) that the foregoing figures and statements a;e true, full and correct to the best of my knowledge and belief. ~~~ `_ __ _ _ _ /; ~ ~~~-L~~- ~ ~, f IiJISi I 1 JL }fi. ... APPLICATION.DIiTE._.._..._.._--- VIRGINIA REGISTERED AGENT NAME AND ADDRESS 1 - - .~~ .._.-- - - ._ i T HiS Lk~''EMSE.~~US7:~~E-F~E~13i;~~EJE`r TO COMI~iiSSlOfvER OF THE REVEh+UE UPON TERf.Rlter~,TiON! OF BUSfNESS. ~- ~ U~F~ ~,yE R \I '~.~ l CErdSC Y~~,R___... __...... ~ / - . ~ ;r= F~C)At~QIE4E COIIt~TY Li~Et~SE T/~~ _ - . ` ,~ r i ~ COt~MiSSlONER OF THE REVENUE ExPIRES DECEMSEa s~ p O BOX 20409 ROANOKE, VA 24015-0513 PHONE 772-2049 ExPIRES DECEM~Ea s~ BUSINESS LICENSE NO ~ ,, BILL NO. .~ ~; .~_ _a c; ; PLEASE RETURN ALL COPIES. YOUR RECEIPT WILL BE MAILED TO YOU. ~ ~! ; ; ~ ; ~ j :_ =; _; FED. EMPLOYER LD. NO. S.S. k TRADE NF.ME BUSINESS TELEPHONE RESIDENCE TELEPHONE APPLICANT Name and Address NOTE: GROSS RECEIPTS FROM ALL CLASSES OF LICENSES REQUIRED. .~ r~ E~.~~~~ _ -- ,REEr~I'B(7R0 I~ji_ _, -, G i ~~] INDIVIDUAL ^ PARTNERSHIP ^ CORPORATION IMPORTANT ,-:. LICENSE VALID ONLY FOR PERSON NAMED HEREON f~'E:ENSIJ`+RU NC 2=~G1 BRIEF DESCRIPTION OF BUSINESS f SCELLF;f~fEOuS DATE BEGAN BUSINESS IN ROANOKE COUNTY UG/1~/4'7 ALL BUSINESS LICENSE GROSS RECEIPTS SHOULD BE REPORTED ON A CALENDAR YEAR BASIS. IDES a~'~< -.~. ;~,: , CLASSIFICATION ~`:. ` ~~, ,=~ ~..:z..'z - :~~ GROSS RECEIPTS TAX = ~~ RETAIL MERCHANT IN BUSINESS THROUGHOUT` THE PREVIOUS YEAR -SALES ' _ SERVICE STATIONS - # GAL. GAS SOLD ( - ) ~ ADJUSTED GROSS SALES THROUGHOUT.YEAR :; WHOLESALE MERCHANT IN BUSINESS THROUGHOUT THE PREVIOUS YEAR -PURCHASES ~- ~'" " ` ALCOHOLIC BEVERAGE Beer and Wine -FEES ABC NO. COIN-0PERATED AMUSEMENT MACHINE FEES BUSINESS SERVICE OCCUPATION SPECIFY TYPE PERSONAL SERVICE OCCUPATION ,. _ SPECIFY TYPE `' . ,_ ~; i-: 1~;:. rr, :...:: ; x ~ ,; ;,, .. , .; ~, .- ;:: , ;.;_,,} ; ' REPAIR SERVICE OCCUPATION SPECIFY TYPE PROFESSIONAL SERVICE OCCUPATION SPECIFY TYPE CONTRACTOR CLASS A # CLASS B # SPECIFY TYPE COMMISSION MERCHANT NEW BUSINESSES ESTIMATE AND ADJUST GROSS RECEIPTS UNTIL A FULL YEARS EXPERIENCE HAS ACCUMULATED. (ESTIMATED GROSS RECEIPTS FROM PREVIOUS YEAR) ACTUAL GROSS RECEIPTS FROM PREVIOUS YEAR Fc'~,~t'1~'ffJl~tdrf 't"PR R r'f' R~ ~' ' _ (+) '- ~ 1 ~~ OTHER BUSINESSES -SPECIFY TYPE ~' ' - PAST DUE _ PENALTY ~0°~ (510. minimum) for failure to renew license. INTEREST TOTAL LICENSE TAX - MAKE CHECK PAYABLE ~ TO TREASURER OF ROANOKE COUNTY J O (] Q I, the undersigned applicant, do swear (or affirm) that the foregoing figures statements are tr~Je, full and correct to the best of my knowledge and belief. ! ~ ~~ I ' -~ Ll'~:~ i! -- _ ~ ".F t IC TIO'~ D .?•_ 1 ';'z VIRGItvIA REGISTEr{ED i,GE~~T f~Af."E P.ND AOD:3ESS r.j r ~-t{ In vtl \__ ~~ THIS LlCEPi ' _ ,. ~+~~' ur` nt i J,~if•1ED TO COf~+iha{SSIQPIER OF Ti-{E REVENUE U~'01~ ~''r.r=,~~lf4~. T Ip~! OF E3USIt~ESS. ~T-T-- ---~1 - - -. _- ILI~ENSFiYFn ~ ~ L C[NSE fE~.H--- ~~~ ~ ~~ ~ ° ~= R~t~NCaI~E C~3UNTY LICENSE Tl~,~ -~~ ~ ~ ~ COMf~11SSIONER OF THE REVENUE I ExPIRES DECEMBER s, p O. BOX 20409 ROANOKE, VA 24018-0513 PHONE 772-2049 EXPIRES DECEMBER s, ~ BUSINESS LICENSE NO BILL NO. "r:~ u~ ,: +_~ ! ~ '~ 7 1 ~ ~ 1 ~ PLEASE RETURN ALL COPIES.tYOUR RECEIPT WIL ^' ' ' J L BE MAILED TO YOU. ' ~ U i i (~ ~ 14 ~; FED. EMPLOYER I.D. NO. S.S. # TRADE NP,ME BUSINESS TELEPHONE RESIDENCE TELEPHONE .:i.°~2n44'~ Gf=~TE~ EE..%t.r•:,.. ~-,--_ -,. ,- ~1'~-~?y-_J.- APPLICANT Name and Address NOTE: GROSS RECEIPTS FROM ALL CLASSES _ OF LICENSES REQUIRED. ,A I I__~ _ ~ ..I, - - - o _ ~ t IMPORTANT LICENSE VALID ONLY ''~] INDIVIDUAL ^ PARTNERSHIP ^ CORPORATION FOR PERSON NAMED HEREON ~~~~ 1 .~ N El_^; c.~_ ;RF_E h-,Sc~URI.I NC 2?4t71 BRIEF DESCRIPTION OF BUSINESS i 7 SI~E`LAh~;E SUS DATE BEGAN BUSINESS IN ROANOKE COUNTY Qo!17i92 ALL BUSINESS LICENSE GROSS RECEIPTS SHOULD BE REPORTED ON A CALENDAR YEAR BASIS. )DES :~F~ ` - ~.~.;:_,..... .;., CLASSIFICATION ;- ` ,GROSS RECEIPTS,'.. - • ; ,:::TAX'..- ,._ RETAICMERCHAi~1T IN BUSWESS THROUGHOUT THE PREVIOUS YEAR -SALES SERVICE STATIONS =. # GAL: GAS SOLD ( ) g ADJUSTED GROSS SALES THROUGHOUT YEAR ~,` , WHOLESALE MERCHANT IN BUSINESS THROUGHOUT ' .THE PREVIOUS.YEAR=PURCHASES -' ' ~`' '~, ALCOHOLIC BEVERAGE Beer and Wine -FEES - _ r -: ABC NO.. .-. COIN-0PERATED AMUSEMENT MACHINE FEES BUSINESS SERVICE OCCUPATION - SPECIFY TYPE ~ .' PERSONAL SERVICE OCCUPATION SPECIFYTYPE~~`s~ ~ .. .. <'. -u ?4~' REPAIR SERVICE OCCUPATION SPECIFY TYPE PROFESSIONAL SERVICE OCCUPATION SPECIFY TYPE CONTRACTOR CLASS A # CLASS B # SPECIFY TYPE COMMISSION MERCHANT NEW BUSINESSES ESTIMATE AND ADJUST GROSS RECEIPTS UNTIL A FULL YEARS EXPERIENCE HAS ACCUMULATED. (ESTIMATED GROSS RECEIPTS FROM PREVIOUS YEAR) ACTUAL GROSS RECEIPTS FROM PREVIOUS YEAR ' H V _(+~ I 15 OTHER BUSINESSES -SPECIFY TYPE ~- ~ - PAST DUE PENALTY ~B°~ (510. minimum) for failure to renew license. ~ INTEREST ~ ~ TOTAL LICENSE TAX - A1'4KE CNECK PAYABLE ~ TO TREASURER OF ROANOKE COUNTY ~ r, V 0 O I, the undersigned applicant, do swear (or affirm) that the foregoing figures ~nd_~tatements are tr~e, full and correct to the best of my knowledge and belief. / \ 1 ~ I) ----, ±{ ~`~ ~ ~~ ~ ~ g i . ~J'~ j I ~,-.: _--- r - ----- _ --~- ------ - ---- I - ;~~~ '~ ~+~,•Tlf f' ~j '''~L~.cr: } VIr=iGINIA RcGISTERED AGENT NAME AND ADDRESS ~.J_ __ ' THIS LICEFISE -,•SIJST 8E nETURNED TO CO?~IJISSIONER OF THE REVENUE UPON ~-Er;E~~IN~TION OF BUSINESS. \~ \) .LICENSE VEAR- , -_-_~ J'F + ` ~ -1 ~ - ~ P ~C~~++E~OlCE C©Uh6TY LICE~tSE l"AX ~ CENSE YEAR - ~. ~ - - ( - ~ ~,o . , COMRAISSIONER OF THE REVENUE '~ EXPIRES DECEMBER 31 P. O. EtO~ 20409 ROANOKE, VA 24018-0513 PHONE 772-2049 EXPIRES DECEMBER 31 BUSINESS LICENSE NO. lJ BILL NO_ ~.phlle~t,~~ .- !' ,,FI~~,, e~.~ or er b~~~r;- ~. ~~ .. I I ~ , `; ' ~_ ~ ~ PLEASE RETURN ALL COPIES. YOUR RECEIPT WILL BE MAILED TO YOU. ~ _~ i'. _i Li i 1 ~i~- FED. EMPLOYER f.D. NO. S.S. # TRADE NAME BUSINESS TELEPHONE ~ RESIDENCE TELEPHONE APPLICANT Name and Address NOTE: GROSS RECEIPTS FROM ALL CLASSES OF LICENSES REQUIRED. r ~ ~ f' f ~_ ~'`. I {~? t`I [) `Y i ROANOKE COUNTY BUSINESS ADDRESS ~' ~ 1 h< EU'1 ST ~rE=Et~1~:~8rs~0 NC ~?~:ii i IMPORTANT INDIVIDUAL PARTNERSHIP LICENSE VALID ONLY ^ ^ CORPORATION FOR PERSON NAMED HEREON 1 1 t~1 E i_ i ; ~ ~~- ;k'E:ENC,E~C1F.1:=i t;C 2?=+D1 BRIEF DESCRIPTION OF BUSINESS i I ~CEi_C~~Nt_ ll_1S DATE BEGAN BUSINESS IN ROANOKE COUNTY :)rte/ii ,'S'? ALL BUSINESS LICENSE GROSS RECEIPTS SHOULD BE REPORTED ON A CALENDAR YEAR BASIS. guts ~. y. .~. .; _- ~, = CLASSIFICATION ,. GROSS RECEIPTS ,-~`. TAX ;,~;< ,. RETAIL MERCHANT IN BUSINESS THROUGHOUT THE PREVIOUS YEAR:-SALES SERVICE STATIONS - # GAL GAS SOLD (- ) c ADJUSTED GROSS SALES THROUGHOUT YEAR . WHOLESALE MERCHANT~`IN~BUSINESS THROUGHOUT i ,.. THE PREVIOUS,YEAR :PURCHASES ; .' ' :. ~ ~ ~ ~ ' <„ - ALCOHOLIC BEVERAGE Beer:arid Wine -FEES ABC NO. COIN-0PERATED AMUSEMENT MACHINE FEES BUSINESS SERVICE OCCUPATION - - SPECIFY TYPE PERSONAL SERVICE OCCUPATION SPECIFYTYPE :. ,, ,c±c,.~:r.ir,=~-::w.~+':3+1^'~, e~ ~ 4..=- ` .,r . d;.'. •. - REPAIR SERVICE OCCUPATION SPECIFY TYPE PROFESSIONAL SERVICE OCCUPATION SPECIFY TYPE CONTRACTOR CLASS A # CLASS B # SPECIFY TYPE ' COMMISSION MERCHANT NEW BUSINESSES ESTIMATE AND ADJUST GROSS RECEIPTS UNTIL A FULL YEARS EXPERIENCE HAS ACCUMULATED. (ESTIMATED GROSS RECEIPTS FROM PREVIOUS YEAR) ACTUAL GROSS RECEIPTS FROM PREVIOUS YEAR ~ 1 c OTHER BUSINESSES -SPECIFY TYPE ~ L- .% PAST DUE PENALTY 10% (510. minimum) for tailure to renew Ilcense. INTEREST TOTAL LICENSE TAX - MAKE CHECK PAYABLE TO TREASURER OF ROANOKE COUNTY 'S O I, the undersigned applicant, do swear (or affirm) that the foregoing figures'an~i statements are true, full and correct to the best of my knowledge and belief. / ~~ ~%~ _--_ (~ l',\ - - - -- l T. - __ _- _ _.__ _ _-_-__- - ~ f~- - - _.___._ _ ~ly,`! ~`tC:~`~,~.~41 A ~ h-~-~"-~~~ "'""'"" VIRGINIA RPGISTERED AGEwT IJAf1,E l,N~ ADDEESS THIS LICEhISE frSU~T BE RETUt?t~fED TO COFfi~iISSIOhER O1^ THE REVEPrUE UPOF: TEF;t,ri'~t;; i (~~;< OF BU~Ir~ESS. y° Department of the Treasury ~~ Infernal Revenue Service Jt~l!~;'? ~~~ ~~dtl'~~'y - iVlajor New Tax Law Changes Affecting Exempt Organizations Legislation signed into law by the President on December 22, 1987, contains a number of significant provisions affecting tax-exempt organizations described in section 501(c) of the Internal Revenue Code. These provisions include new public disclosure requirements imposed on the organizations, penalties for not complying with the new requirements, and taxes on political expenditures and lobbying beyond allowable amounts by certain types of exempt organizations. Some of these provisions were effective on the date of enactment or the day following, and some become effective January 21 or February 1, 1988. Exempt organizations need to familiarize themselves with these tax law changes in order to bring themselves into compliance. This Notice attempts to alert you to the major new provisions affecting tax-exempt organizations. In some cases, the new law requires important changes in how you conduct certain activities, such as when a noncharitable organization solicits contributions. !n other instances, the new law will require changes in how you maintain accounting and other types of records, such as when a charitable organization has certain types of transactions or relationships with noncharitable organizations. Set forth below are brief descriptions of the new law's key provisions. The Service plans to provide further guidance in the near future. Public Disclosure Requirements Solicitations of Nondeductible Contributions.-Beginning February 1, 1988, any fundraising solicitation by or on behalf of any section 501(c) organization that is not eligible to receive contributions deductible as charitable contributions for Federal income tax purposes must include an express statement that contributions or gifts to it are not deductible as charitable contributions. The statement must be in a conspicuous and easily recognizable format whether the solicitation is made in written or printed form, by television or radio, or by telephone. However, this provision applies only to those organizations whose annual gross receipts are normally more than $100,000. Religious and apostolic organizations described in section 501(d), as well as political organizations (including PACs) described in section 527(e), are also required to comply with this provision. Failure to disclose that contributions are not deductible could result in a penalty of $1,000 for each day on which a failure occurs, up to a maximum amount upon any organization of $10,000. Incases where the fa~fure to make the disclosure is due to ,t,„~,~~d;<~~^..~,±,.f.~. , ,rte Public Inspection of Annual Returns.- Any organization that files a Form 990, Return of Organization Exempt From Income Tax, for a tax year beginning after 1986 must make its return available for public inspection upon request within the 3-year period beginning with the due date of the return (including extensions, if any). All parts of the return and all required schedules and attachments other than the list of contributors to the organization must be made available. Inspection must be permitted during regular business hours at the organization's principal office and at each of its regional or district offices having 3 or more employees. This provision applies to any organization that files a Form 990, regardless of the size of the organization and whether or not it has any paid employees. Any person who does not comply with the public inspection requirement maybe assessed a penalty of $10 for each day that inspection was not permitted, up to a maximum of $5,000 with respect to any one return. Any person who willfully fails to comply ma be subject to an additional penalty of 1,000. No penalty will be imposed if the failure is due to reasonable cause. - Public Inspection of Exemption Applications.-Beginning January 21, 1988,"any section 501(c) or 501(d) organization that submitted ari application for recognition of.exemption (including . Forms 1023 and 1024) to the Internal Revenue Service afterJuly 15, 1987, must make available for public inspection a copy of its application (together with a copy of any papers submitted in support of its application) and any letter or other document issued by the Service in response to the application. An organization that submitted its exemption application on or before July 15, 1987, must also comply with this requirement if it had a copy of its application on July 15, 1987. As in the case of annual returns, the copy of the application and related documents must be made available for inspection during regular business hours at the organization's principal office and at each of its regional or district offices having at least 3 employees. The penalties for failure to comply with this provision are the same as those discussed in "Public Inspection of Annual Returns" above, except that the $5,000 limitation does not apply. No penalty will be imposed if the failure is due to reasonable cause. Both exempt organization returns and approved exemption applications will r~r , t,. ~ ~;~. ~_ .~,.... ~ _ Disclosures Regarding Certain ~ Information and Services Furnished--A. section 501(c) organization that offers to sell (or solicits money for) speci5c uy 'rat indivi,7ual from an agency of ,he ' Federal Government free of charge or for a nominal charge must disclose that fact in a conspicuous manner when making any such offer or solicitation after January 31, 1988. Any organization that intentionally disregards this requirement will be subject to a penalty for each day on which the offers or solicitations were made. The penalty imposed for a particular day is the greater of $1,000 or 50 percent of the aggregate cost of the offers and solicitations made on that day which lacked the required disclosure. Disclosures Regarding Certain Transactions and Relatfonshlps.- In their annual returns on Form 990 or 990-PF for years beginning after 1987, section 501(c)(3) organizations must disclose information with respect to their direct or indirect transfers to, and other director indirect relationships with, other organizations described in section 501(c) (not including other section 501(c)(3) organizations) or in section 527, relating to political organizations. The purpose of this provision is to help prevent the diversion or expenditure of a section 501(cX3) organization's funds for purposes not intended by section 501(cX3) of the Code. Forms 990 and 990-PF for 1988 will - requirethis additional information. All section 501(cX3) organizations are now ; obliged to begin maintaining records regarding all such transfers, transactions, and relationships. Political and Legislative Activities ~- •• _ Politlcal'Actlvitles by Section 501(c)(3) Organizatlons.=Section 501(cX3) has ' been clarified so that it now explicitly bars not only activities and expenditures "in " support'of"any candidate for public'off"ice, but also activities and expenditures "in opposition to"any such candidate: Other sections allowing a charitable contribution deduction for Federal income; estate, and gift tax purposes have been amended in an identical fashion. These amendments took effect on December 23, 1987. Another amendment taking effect on the same date precludes qualification under section 501(cx4) for any organization that lost its section 501(cX3) status because of its intervention in a political campaign. This ensures that such an organization would be subject to Federal income tax for at least one year before its tax-exempt status under section 501(c)(3) could be reinstated. Prior to this amendment, section 504 of the Code barred section 501(c)(4) qualification only for those organizations that lost their section 501(c)(3) status because of substantial lobbying activities. Tax on Political Expenditures by Section 501(c)(3) Organizations.-For taxable years beginning after December 22, 1987, an initial excise tax under new section 4955 i~. i -i~nr;r•d on an,, amn._~nt pr~r! c• i.. ,. re~: ;o•iable cause- ~>>pe;rtion to ~ ~}' can~idate for public ~~`rfice.'Ttie tax is imposed even if the political expenditure gives rise to a revocation of the organization's section 501(c)(3) status. The initial tax on the organization is equal to 10 percent of the amount involved. An additional tax of 100 percent of the amount involved is also imposed on the organization if it fails to correct the expenditure timely. The initial tax may be abated if the organization can establish that its making of the political expenditure was not willful and flagrant. An initial tax of 2'/z percent of the amount involved (limited to $5,000 of tax with respect to any one expenditure) is imposed on any manager of the organization who, knowing that an expenditure is a political expenditure, agrees to the making of the expenditure, unless such agreement is not willful and is due to reasonable cause. A manager who refuses to agree to part or al) of the required correction of the political expenditure may also be subject to an additional tax of 50 percent of the amount involved (subject to a $10,000 maximum). These new taxes apply in the case of both public charities and private foundations. When tax is imposed under the new provision in the case of a private foundation, however, the expenditure in question will not be treated as a taxable expenditure under section 4945..:; :. For purposes of this_new excise tax, in the case of an orgarilzation which was formed primarily to promote the-candidacy or=,' prospective candidacy of an individual for public office (or which is effectively controlled by a candidate or prospective candidate and which is availed of primarily forsuch purposes), amounts paid or incurred for any of the following purposes are deemed political expenditures: (1) Remuneration to the individual <a candidate or prospective candidate) for speeches or other services; (2) Travel expenses of the individual; (3) Expenses of conducting polls, surveys, or other studies, or preparing papers or other material for use by the individual; (4) Expenses of advertising, publicity, and fundraising for such individual; and (5) Any other expense which has the primary effect of promoting public recognition or otherwise primarily accruing to the benefit of the individual. Internal Revenue Service P.O. Box 6940 Florence, KY 41042 Official Business Penalty far Privale Use, 5300 0o Noe rorware Tax on Lobbying Expenditures of Former Section 501(c)(3) Organizations.-For years beginning after December 22. 1987, certain organizations whose section 501(cx3) status is revoked because of excess lobbying activities will be subject to a new 5 percent excise tax on their lobbying expenditures. A similar tax at the same rate is also imposed on any manager of the organization who willfully and without reasonable cause consented to the making of the lobbying expenditures knowing that they would likely result in the organization's no longer qualifying under section 501(cX3). There is no limit on the amount of this tax that may be imposed against either the organization or its managers. These taxes are not imposed in the case of a private foundation (whose lobbying expenditures maybe subject to the section 4945 tax on taxable expenditures). The new taxes also are not imposed in the case of any organization for which a section 501(h) election was in effect at the time of the lobbying expenditures or which was rust eligible to make a section 501(h) electi~ Injunction To Prevent Flagrant Political Expenditures.-Inappropriate circumstances, the Service may seek a U.S. district court injunction barring additional political expenditures by a section 501(cX3) organization.:The Service may take this action after.'it has~notified the organization of -its intention to.`seek anm~unction.'rf the ; organizatron-does'riof im rediatety'cease making political expenddures~nd afterthe Commissioner of Internal Revenue has personalty determined that the'organiration has flagrantly participated in a politipl campaign and that, under the circumstances, an injunction is appropriate to prevent further abuse. The Service may also seek (and ttie court may grant) such other injunctive belief as may be appropriate to ensure-that the organization's funds are preserved forsection 501(cX3) purposes. This provision became effective on Oecember22, 1987. Other Provisions Form 990/990-PF Delinquency Penalty.-In the case of Forms 990 and 990-PF tiled for years beginning after 1986, the $10 per day penalty imposed on the organization for failure to file its return timely without reasonable cause has been modified as to the maximum penalty that may be imposed. The maximum penalty for any one return is now limited to the lesser of $5,000 or 5 percent of the organization's gross receipts for the year involved. User Fees for Exempt Organization Ruling and Determination Requests.- Beginning February 1, 1988, the Service is required to collect a fee from any organization seeking ari IRS determination of its exempt status as an organization described in section 501(c), 501(d), or 521 of the Internal Revenue Code. A fee will also be imposed in connection with any exempt organization request for aprivate-letter ruling. The nonrefundable fee must be submitted with the application or ruling request. Otherwise, the request will be returned to the submitter without any action being taken on it. The fees imposed will be reflected in Form 8718, User Fee for Exempt Organization Determination Letter Request, which will be used to transmit both the appropriate fee and the application or ruling request. Income From Publicly Traded Partnerships.-Prior to amendment, section 512(c) provided that a section 501(c) organization's distributive share of partnership. income would retain the same character as in the fiends of the partnership for purposes of corpuing the section 501(c) partner's unrelated business taxable income. Thus, income earned by a partnership that was of a type which would not be unrelated business income if earned directly by the section 501(c) partner would not be treated as unrelated business income to that partner. Section 512(c) has been amended to provide that this rule does not apply to income from a publiclytraded partnership and that ALL such income is treated as unrelated business income to a section 501(c) partner. A publicly traded partnership is one whose partnership interests are traded on an established securities market or are readily tradable on a secondary market or substantial equivalent. This change applies to publicly traded partnership interests acquired after December 17, 1987. First Class Postage and Fees Paid Internal Revenue $crv~ce Permit No. G-48 „44CtrAp~4jy tl p„ ~ 4 b '~ A p d ~ G ~ tl ~ 8 C u - /^ )l 0 'trT /'1"~AAt~ tl -i THE WHITE HOUSE May 20, 1986 Dear Mrs. Silbert: It is always gratifying to me to learn. of the kind of dedication which you exhibit. Someone who thinks a great deal of you wrote to let me know of the many hours of selfless giving that you provide to your community. As you know, I am vitally interested in defeating the tragedy of substance abuse. It would be a much more difficult task, without l~~~lr initiative and concern. My congratulations to you and my heartfelt thanks for being such a special lady. Sincerely, Uouc y ZeaQGu Mrs. Mimi Silbert Delancey Street Foundation 2563 Divisadero San Francisco, California 94115 ~on~re,~~ional `~Ze~ord United States of America IN HONOR OF n~ g~ ~'~,o s~Y a. Iew ~`°' •-"~'~ DELANCEY STREET Bk- pagrun "I g" tlda~ ""D`~'~"°' ~«' vY. 'HJb. I' d Jg - •.. ~ Nn c n~ me Iv caDlum Sd"en „' We ~ l spell a Ia of ome xa'Mng paglc Iiow .m to M HON MEL LEVINE `w "'~^`~ '~= ° ^~ ~~'" d u o . ~ anl.~ieuym.~~M oow.~ . IMn, rln Ktl dmpp l xlml in a d~ ~K ~. e.~d "n ",WF sclunl u~vakn d~ l n nA N E "~".,.,,'..~r_.~.,~ Y.m Y•NMful of dv ~: JA W ff OF CALIFORNIA W y p mv. c C u ~<"""'S""'mov'ng°°'~„a,J an 'uY a ord , live in " Y o sDka'dor. Bul Nn Kaux, litr-all Ih o n "1fwI~YN •fu'uie. ~n~vY, 41uceY Smea buiWmg.. w.s F.vgnl a"E PJ fa Byhpm k wMt Mimi Sd"m. can olenergy. uapWkofsopeni mg~y'~r p n<in ~~ all mn n~vnme drvF a"uxn arJ IN THE HOUSE OF REPRESENTATIVES 4' P°^°'~ng ~~ ~a":U:^° ~~ bna Today. dvY mn Eumrcsx. Sa' m.te mDwa,.deal.n. kr ale „°„ a „ , siry Bw inn kr words DJe trfm dr '< R^Y govmnmenlmaey Mrc,r, Rlarc ty Sueet i.l0ppsucttsslul grad- .n nrc,x~. Jeaxc • a NOVEMBER 19 1987 rtJmn w< ercwnxr on a lour ol Be rrd,"e. Deluxer sart~~ cwnalmas y DM"v wiS ca ~;; ~ tr'a a^ s ~ Baw ol sa aken xnr a , , , ,~ a rran,.,,x„o ,~ w:U~ mn~ a O`m ~ Eu ~ sa~ ~'ttunve~`"opud>. iuludmgdxmxlvca.cvcrbrlrtvMlM1U . dx <~ry..n u.rt.,~.i .nm",.n,oe". prople late lavenl, wBo cure JI Uc _ lac I camr m Pelarces S~rtcl. u.. prtsidcm 'I w . in San Qucnain !a amcA ~v"Ben'~.Sp,. wlu IW pctN ",m. MtlsarugRl4uw' rtW Ids` uri° a ~° me uNa IM San Fnrci.ru v~p~n. i ~II. calve man. ~.IODU1sKdrtsxJ en.~rc s DHNrt. r-addc~ deign Jup. Yc Ivs Nd n° gal rt'. I~edWn p:'k cal mp lu l~ lury s"avs of Kr n Bnan. i a gns ~ r .~y a~ n co Tgr ~nFln" pm[ea , knmi4M'Be n~ '~-M ^;"~; ~~ary~" Mr. LEVINE of California Mr Speaker I rise s all a ' I e Si vkaman i'r xlls De- rc~°°~"a°'°~°"~°'neW~llg`,a W , F stlg'ihctlpeJ ~e o;:,~ ~ ~,~~ . . , today to pay tribute to a good friend and strong ~ " a p" aBe omsJe "~~~~~ a~>°°Tisrlnl W`a" n " "'°' k',"`"° " °"`J°~ ~°` "•' nw' ',.° . '~ : leader, Mimi Silbert, president of Delancey Street n"~~ k> ,w`a deadp,n °" cY sD~l ti, =Dad °: , lm Mks New Aka art Brt Hel rce, , n e Ml.m '~~";,m „` Foundation. I have known Mimi Silbert and . "t yn ~,at,ll as ppl„ . i"an a Bui ,ne rc d g ai rr'a „~ 'oi4~; M'" the work of Delancey Street in San Francisco ~'°~~~ ° ~'D~"°"'"~~~""`N , , m Mx I'B« V , New Mexico, New Y rk o and Los Angeles f r o a ~`~`"mg°I ~'^`"%G~~•~" ""~` 'n°"'°""°°°"n'"`° n rt n ea of Ku Klur Klan . o- •,,,r.n,l"n. " aH~hm~~s;rt •~ 4 " , number of years, and I concur with all the ex y ~~~^ ~~~~~°m°°^"~~~'°~ andl n °rnenl; .md <r ag^n. agyups mK ~ or I"exr ingg spiv cn mm ` " perts and officials who have called them "the [ rtt n a e o ru Own all i ~ r~llre °~'arcym' "'°~'~°~" °° l n'° ~°~~•~~`Bw, """m°` :"rc m'..:.".° ~°, °d most successful program i n the country , ~ ~nfll .IKMa~MSO"g,M1<. a SY~ alp,,n[;;;~~u ~ m.nl, ~ teaching former criminals and drug addicts to ~ mg°~~`~aa~~'~'"gu~~~ a; s ~F~ ~`~ „°' ;"R• m„ , build legitimate and successful lives Their work w'~::~k,"°r,~;a"2',"~'r~n'„ , „ , ~ ° n ve al lM rum ul rBC'Scnlun ~c Ixn pcnckL .mm ert n n . is exemplary and they provide their residential urd Mnmg. EsemrJlY DclarnYSVan ~~°•^n w'll l'.°~^da "aa„^g °~> Jc vY w<cJl n m m grvia Ths , TTU raqulM a special act of CO"•<^c' M ,d,m •~~°;°IDe°D~ m se tr ~ nme services at no cost to the taxpayer. '~su"en rar mpn,nny_-wr ~`~a"`~""gig""` °'°~'w° °~"~°R:~ ~"~~" I ~~,~ Ir„m `~ • Mimi Silbert has lead Delancey Street with u„"~~~KI~°`p'""' ~~~ h; 'nE I uDPM'gex aBer ' mig t",gi ~~""" ~" ~~m~a`~ ~~° strength and determination: she deserves aeJm- 1°ni°a" .s »I~n w~"° """°;'° : °~'• °~" k l D ~ S p " , ~k," m:,~. rn<,; °,~"a»^°~ enormous credit and praise for h r a unstinting tlcrc omp a°pe . e arc Y ~ ,x g°° ,d~ s,rc >m ,~ll~° `^t`^^'="w"•"'" a o! Mx wM begin rBC prs sgn '°~;„~n^;;~'~;;e~;~ '~~,~ " efforts over the years for this vital cause. Mimi is ^ o a "~="~g~~ ~-«- e .a Na ~ apvm ¢ W waY fnm m . tl..~~~,.,.m~:°` an inspiration to the community she serves. spans rill "ery varlaMe la w peopk tlrc rcu 1 rc 'Ke><",ng Ix~"n„m.,,r ` I r M ~„~~'<~ °~ w~" Mimi Silbert continues to enrich the lives of x. S~IBen kads rM wa, u~ a 1 g °~trm °~; ~° °^• rc ~°' ~.~~k rcl+'"a+ e` ' ' many through her work at Delancey Street. „ ""~° N~a ~"~'~`E, ~~h~- a "i ' x° M mne Ime vlrtm w M NU i k>~mng m~~~l=~ pr°pv uv as vwds la h fi I would like to share with my colleagues in the akwl _ .av a ~a~ l 5 el ";„av ";~" ~"`~ ~°" ' `' in a rte s. x lie rug. or x'llinE rv um Imo, s~ "~~""^~,~ °' ~ ~ mg. wan de dn.a w ` ` House of Representatives an article that recently M1mg Tru.an imugirc rM1C 4inJ nt ^•~'~~"g'"~"=••"~~•~~•°rcxl~'° ma .n ear trod °rl~re,r.k llno"gel n . ~° ~^~~°wn ~ ~~°~ Jul, w in San (Trrnon'la a, ran in Parade magazine, written by Michael Ryan, "'al'l"°"'d°""<"Ix°Ig" '"a' Fart. "rr ,aid. -Yw can dun Bul 4 R'"d miutln.- M aar, .s M wows. -.Yd.°ra~n,Hw-IwrD.mled on this dynamic individual and determined ~IiwF"l l wa. MWele„ - ^"~°.,~~'mp,'~eRt~„;~;:;"r " Mo.IW u °°pvd`:.Y'""°"av.l:; ;lr, usaMwdrug organization: WgJV,~ Bu,ur..lageh x."m mend. xd me slw au m,n-a man fir aT w., Dr. in~Sn g e ~,,~ :~ ~ ikl~ Saga. W SuN u well H mrl k __. ~ a u" u aural pros Hic~ m pmDnmx N'~I " .Prn°da,d.n<.M1OJdbe lus°fjO. m I"c . .n , rg< I I"< enl.re upenn°n ~~ I ask Mimi Sil"cn rer"er`Ixraplan I, . de.clop- men might rror fK a link rug am"uiuu. ila rcw u i ll ll V " Ir s I~ ti. ing • ".d Il~~ w c~i~ a M.rcmrf..n~.~ ", a aB I ~g. a . wi atwt S_5 mill far n xll-supponmg c" nvBlc Jvn'wnr •II build n... s"e sav. un"c.uu- nglµ "er (ace "aedening in d<rtrmma n.,n we a gm In p I'fZOCEEI~INGS ANI~ I~EI3ATFS OF THE I ~~~)t~' CONGRESS, FIRST SESSION V~~I. 133 WASHINGTON, "I'HLJRSllAY> NOVEMBER 19, 1987 No. 186 ~~ ~~ ~~ ~~~ ~~ ~ ~~~ ~, ,'~~~~ ~~ ~ s ~~~;~ ~;~ j ~~ ~` ~~ ~ y ~~~~ ~~, ~~ ~ ~ ~ ~~ j k C Reprinted from: fan ~franri5co (~l~ronicle Monday, March 2, 1987 ^ SMALL BUS/NESS Delancey St. Ex-Cons Mean Business BYSTEPHENMAITA hen work begins on a new 400,000- square-foot headquarters for De- lancey Street Foundation later this month, the construction crews will be made up of former convicts and junkies. Not your typical hard-hats, but street- wise residents of the famed rehabilitation center who have been trained in construc- tion. Under the supervision of Apersey Con- struction, residents will build the $25 mil- lion residential-commercial complex near San Francisco's waterfront. If it's surprising that Delancey does its own construction, consider some of its oth- er businesses -home moving, catering, printing, wood products and wholesale mar- keting. «~e're like an Israeli kibbutz," explain- ed Mimi Silbert, the diminutive 44-year-old Boston .native and president of Delancey Street. "Everyone works here -our surviv- al depends on it. We accept no government funding and don't even apply to founda- tions." For Delancey, its products and services are important but its workers are its real interest. They don't get paid, but they get something more important: a place to live and job training. Over 16 years it has turned thousands of hard-core, "unemployable" criminal of- fenders into the mainstream economy. Whi12 there have been dropouts, the results have earned the praise of everyone from Nancy Reagan to Governor Deukmejian. Virtually all "graduates" land jobs when they leave, with some even going on to become marketing executives, accountants and attorneys. One byproduct of Delancey's 10 train- ing programs is a thriving conglomerate of businesses that will generate an estimated $3 million in revenue this year. Clients range from BankAmerica Corp. to Mirassou winery to the city of Santa Fe, N.M. When BankAmerica was trying to fend off a takeover by Los Angeles-based First Interstate Bancorp last year, it was Delan- cey Street that cranked out thousands of "FIB Buster" buttons, bumper stickers and lollipops ("lick First Interstate") for BofA employees. 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(9 C ~n~ ~~„ ~ ro w ~ ~ o ~ ° w . n' y ~ C' j ..., ~ ~ T. `~ ..~ 77 '~ fD -i w ~am" o' T row ro ~ w -~ ~ O a~.dP' w`< 'v ~ ~ O ~ ,..,, o w 'C N - o y. Xo o ~ ~o ° '^ rho ~ -, ~ ~ O s w a `~ ~ •~ ~ o :n do w' _.Sn ~S c o T' o a ~ .-~ - 0 5 c N 0 Z C 0 A a n O 0 O a m N f0~ m 7 m D 'Yi -Zi e ; 3 n ~ o ~ _ 1 ~ ag C ~ BREWSTER, N.Y. n a 19th century oak-paneled dining room, before 'along table set with sterling silver, 75 drug ad- dicts jostled for standing room. All eyes were fixed on a small woman with a broad, ironic smile. "Good afternoon:' Mimi Silbert said. The group returned the greeting in unison, and then broke into laughter. Silbert, president of the Delancey Street Foundation drug rehabilitation program, was already playing the room like a violin. The surroundings-a Tudor-style mansion set in 92 wooded acres about 70 miles north of New York City-seemed impossibly opuler!t for a drug treat- ment program. But they reflected Delancey Street's style, as well as its success at turning drug problems into manpower, all the while shunning government money. The money that residents make selling stenciled coffee mugs to university bookstores, moving furni- ture with Delaucey's fleet of trucks, or building or- namental planters at the foundation's factory puts food nn the table-and working capital into the foun- dation's budget. In turn, addicts and criminals get a taste of what it's like to lead a normal, workaday life. Nearly one of every three residents here was con- victed in D.C. Superior Court of selling drugs, pros- titution or violent crimes such as robbery or assault. They were placed on probation to come to Brewster, and before they are deemed ready to return to soci- ety, most will spend at least four years in one of three Delancey facilities in California and New Mexico, or in this 30-room, renovated castle. During that time, they are supposed to learn to read and write; cook a meal or lay bricks: drive a truck or keep books. When they sit down to dinner. there might be oysters or snails on their plates. Sil- bert contends that exposure to the finer and more exotic things in life takes some of the fear out of being an addict, fear of a larger world that for them seem, full of complications and problems too big to over- come without using drugs. "Oar people who stay here have to do tour year, just like Harvard," said Silbert, 44, a criminologist and psychologist who once counseled offenders at Lorton Reformatory's Youth Center. "Never Learned to Make Their Way" "We're dealing with a lot of people who have never learned to make their way legitimately or successfully into American society. We teach them how to do it on the assumption that you can then reject anything it society you don't like, but not because you don't know about it." Each morning there is a new vocabulary word to learn-"ghetto talk" is strictly prohibited. Breakfast call comes at 7:30 a.m., and for the rest of the day it's work at one of the several industries, supervised by more experienced residents. At Delancey's foul facilities there is only one paid employe: Silbert. The rest of the job of managing the foundation's properties and businesses is left to the residents themselves, the most successful of whom move to the top of the Delancey hierarchy and the most coveted rewards, a private room and dating privileges. The 23 D.C. convicts at Brewster, many of them unable to get into packed programs near Washington, found out about Delancey Street through their attor- neys or from the brochure, the foundation sends to the. D.C. Jail. Most graduates qo on to lead successful lives, Sil- bert said, because they must have three skills and a job before they leave. So tar, though, none of the D.C. enrollees has been in the program long enough to graduate. Started in San hranciscu by four addicts 1S years ago with a X1,000 loan, Delancey Street prc:erti to take serious criminals, rejecting only sex offender,. Silbert said she joined the group after being asked to help write a proposal for a government grant, and later took full charge. She tries to accept all who ap- ply, although she ha; haci to close the doors to some in the past year because of a crush of applicants. d'`l ~ ~ fiY~'.: f t ~^~~ t ;~ ~~~. ~~~ ~ y~ ~ Y' a ' ;e~, .. ',~ r~ ~t~ .a. 4 T ` a. 1' , s ~ ' ~ ~~ "^ F 4 } r, ~i ~.`w T1~. AYE '1 ~6.. f !,s n:~ y ~, "~~ °~` ~ ' 3 ~~ ~--, y~ .r ~M~:j~F ~- ~ t K 5 '__ ~ Ica ~ "1'd been in it Idrugs~ for a long time. And this has given me a chance to see tF.e other side, how It Is without any heroin, without the craziness of the streets," says Peoples, who is helping to install.wir- Ing at the Brewster complex. MIMI SILBERT "Our people who stay here have to do four years just like Harvard," says Silbert, leading a session for residents, above, and in the entry to the Delancey Slreet drug rehabilitation home in Brewster, N.Y. "If I had gotten out of jail this time instead of com- ing to Delancey Street ... I probably would be dead or so far gone until wouldn't nobody even Tike to have anything to do with me," says Henery, left, working at carpentry with another resident. Melvin Peoples, a 3'L-year-old heroin adchct and drug peddler, took the train to Brewster from Wash- ington last year after a Superior Court judge placed him on probation following Peoples' guilty plea to a charge of trying to kill his wife. "I didn't know where to go," said Peoples, who wa, turned away from at least three programs in Wash- ington. "Either they were full up or they wouldn't ;cc- cept me." Now he is helping to install electrical wiring at thc~ expanding Brewster complex. aiming to ix~c-onu a master electrician, "1'd been in it [drugs[ fnr a long time. And this has Riven me a chance to see the other side, how it is without anv heroin, without the crazi- ness of the streets." Joe Henery, 39, who grew up around 14th and U streets NW, was peddling drugs and stealing pUrsr?s out of offices to support his addiction when he was caught driving a stolen car. He was placed on proba- tion to enter Delancey Street last year and said he sees this as his last, best chance to go straight. He's got a carpentry job, turning one of the estate's out- buildings into an office. "[f I had gotten out of jail this time instead of com- ing to Delancey Street.... I probably would be dead or so far gone until wouldn't nobody even like to have anything to do with me." Residents Attend Free In all, Silbert oversees more than $7 million in property and other asset, and `56 million in income last year, according to a financial statement she pro- vided. Residents attend the program free of charge. The foundation was named for a street on New York's Lower i?as* Side that was a haven for immi- grants at the turn of the century. Silbert said she adopted many of the ideas for Delancey's self-support- ing industries from what she saw while visiting an Israeli kibbutz. She sees addicts as people trapped in a cycle of guilt, self-hatred and destructive behavior who don't know hoev to cope or live with other people and who desperately need to learn traditional American values. The surroundings at Brewster might be lush, but residents, 'she maintains, are doing more penance than if they were locked in a cell. They must finally take responsibility for their lives. "Prison does not give anyone a sense of responsi- bility. It's the exact opposite," she said. "You see a cell in the prison system and it's disgusting, but it's not necessarily the hardest punishment for a person i:om- ing from a world these people have come from. "Our punishment is much worse. [t's that you work." w . %_ ~- ^w~wi!!' r rF ~ >.; r c" ~ ~~ p w ~i?~i~ :..-~; , Dr. Mimi H. Silbert Areas of Expertise S.F. Examiner Wednesday, May 28, 1986 CRIME ... . DRUGS..... Delancey Street President ~ Named to State Board f Sacramento Governor Deukmejian yes- terday appointed the president of Delancey Street, a San Fran- cisco-based residential treat- ment renter for ex-convicts, ex-addicts and ex-prostitutes, to the state Board of Correc- tions. I.a Jolla. Who resigned from the board. The appointment to a term ending Jar.. I, 1989, is subject to Senate confirmation. Silbert, who began her career with Delancey Street in 1972 as a leader in encounter sessions, has won numerous honors from law en- forcement and community correc- tions agencies. Mimi Silbert, 44, was named to Board members are reim- replace Thomas V. A. Wornham of burled for expenses. Unfired Pn.. excerpted from ~ • • Sept. 1, 1986 DRAG CRISIS PROSTITUTION .... . W.AMOVR. "Most prostitutes don't have to be drugged or locked in closets. They stay because they think they have no place else to be." Dr. Mimi Silbert Director, Delancey Street Foundation Some children think their drug-using parents are cool-and inevitably follow their example; others turn sharply away from drugs in fear and horror. Often, psy- chologists say, such children are forced to mature early; they reverse roles with their parents and come to feel protective toward March 1985 Dispersed about the country are a few services focused on rehabilitating prosti- tutes. In San Francisco, the self-supporting Delancey Street Foundation offers atwo- year residency for three hundred people, a quarter of them prostitutes. Mimi Silbert, Ph.D., a former prison psychologist, directs the tightly structured program with empha- sis on education and training, starting in many cases with learning to read. "We also run regular support groups and therapy sessions," Dr. Silbert told me. "But work comes first. We run full-scale busi- n~sses at Delancey Street and after two years our people are ready to move on and make good." them. When Dr. Mimi Silbert, president of the Delancey Street rehab centers, recent- ly asked 50 children of substance-abusing parents what they thought , 40 said they, "know it's a sickness," says Silbert, "and if [their parents] could have done right, they would have." _- Sept. 4, 1986 Remorseless, Barrows asks, "Why shouldn't (sex) be for sale? How many other things can you sell and still keep?" It all sounds so innocent. But ex- perts believe prostitutes end up hawking their self~steem, no matter how reIIned the setting, because the act violates society's moral code. As president of San Francisco's Delancey Street Foundation, Mimi H. Silbert has spent 16 years working with prostitutes. "I believe her when Barrows says there are people who are doing it by choice;' says Silbert "But for every graduate student sup- plementing her income, there are a good 500 women hating it, hating the stench of it. "To make it sound alluring both- ers me because I spend my life, 24 hours a day, with abused, angry women. And no one; ' adds Silbert, "wants to hear their stories." OFFICE OF THE MAYOR SAN FRANCISCO DIANNE FEINSTEIN ~rnrlttmtttiun WHEREAS; The DELANCEY STREET FOUNDATION, founded in 1971, has been rebuilding the lives of substance abusers and criminals for the past 16 years -- at no cost to the client or the taxpayer -- and is regarded as the most successful program of its kind in the United States; and WHEREAS. The DELANCEY STREET FOUNDATION helps about 700 people from all walks of life, and from all races and nationalities --with 350 people residing in the San Francisco facility and the rest. at Delancey's facilities in Brewster, New York, Santa Fe and Los Angeles; and WHEREAS: The DELANCEY STREET FOUNDATION is breaking ground on March 29 f or a new building complex, which will transf orm a city block into a mixed use development that will include neighborhood shops, a restaurant, housing units f or Delancey residents and other services; and WHEREAS; San Francisco is proud of the DELANCEY STREET FOUNDATION's tremendous record in reb~x~ding lives and restoring productive citizens to their families and to the benefit of their communities; now THEREFORE, BE IT RESOLVED THAT I, Dianne Feinstein, N'ayor of the City and County of San Francisco, do hereby proudly commend and congratulate everyone involved in the DELANCEY STREET FOUNDATION for their fine public services and wish them continuing success in their new home, IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City and County of San Francisco to be affixed this twenty-fourth day of March, nineteen hundred and eighty-seven. '/ C inn ~. •~..~ ~ ~~-r- lalu~e Feinstein Mayor a,^ ~~ ~ n 1 4 ~ 1 fi. ~' S .~.. -~+. ~. a. 3 4 », ~' .~ e n A V 0 V n e r ~V R ~ \ 0 `~ v 7 n ` J ~ o T c' C. ~•~.nts W ~ 4 O r+• a H Ono pro rl fi.M N '1 a m o s m p m n o °t ~ ~ m a o. ry+ o00 rth~ ~ rn°< n r a m ~~w«~ih a ~ ~ ~ K w H w ~ ~ A r C C O w.N »~•" i y c a y < ti°, m = n . r• w ; rw r rm a'n ~~ ~ O A F+ W op n m ~ ~a ~ K O~ p C r o ~ ~' a h ~ n y rt m m a ~ A o ca* m < n nr•c- m r B n *~~®m ~ ~ i ~ ~ m n Art n ~ O a o A ~ `rt.77 m 7 7 r N c o wrt r•n ~ ~ G ~ ~ r rrt• A rt o m X o n O"'o3's a rn M O W w ~n o0 rta ~ a n O'gKrt~C m 7 A m 7 0 tll + O h~ b ' C O '1 r Oo ~g • o ~~ m Y C V E O C P V O+ C a' .~i 0~JJ0 "^^`~ l/ ~J "`~ T er G r ra i z n TI.. ~ .~i~ .r ~ -- Dr. Mimi Silbert is President of Delancey Street and has been there since 1972 when she signed on to run encounter sessions for the fledgling drug abuse treatment center. She holds a Ph.D. in Criminology and Psychology from University of Cali- fornia, Berkeley. In addition to her work at Delancey Street, where she coordinates the program's income producing busi- nesses, and organizes virtually every aspect of daily training, Dr. Silbert is a recognized writer, teacher and consultant in the areas of prostitution, juvenile crime and police training. What attracted you to the field of criminal psychology? There is something about the struggle of someone who commits crimes to survive in society that really interests me. It is very much like the struggle of an immigrant family, as mine was. The struggle of some- onewho has been outside of and rejected by society to come to terms with his own behavior and demand of society the same opportunities that it offers everyone else is very dear to me. At Delancey Street, we call new residents immigrants because they are newly arrived in society and are learning to take their place in it. I have done therapy for people with problems like stress, or relationships, but who don't have to deal with this very fundamental struggle, though their prob- lems are certainly important and deserve attention. That kind of practice just doesn't hold for me the same challenge or fulfill- ment that my work at Delancey Street does. Under all the layers of guilt, anger and frustration that people who have rejected and been rejected by society carry with them are some incredibly pure hearts. Just recently at one of our group sessions, called "games", one of the residents, who had served time for stealing, told with great pride about how he had come upon a large sum of money that had been o ~noi~irrr~ .- carelessly left on top of our safe. It would have been so easy for him to just take it, and at any other time of his life up to now, it would have been second nature to him. But his time, he didn't take the money. He returned it to the person in charge and he was so thrilled with himself. It was such an incredible breakthrough for him to realize that he's no different from anyone else, that he is capable of, and enjoys, doing the right thing. It was wonderful to be there, to see him go through that realization. To me, there is nothing else that comes close. How did you get involved in Delancey Street? Delancey Street was really the natural next step for me. I had been working as a prison counselor and I had studied crimin- ology for some time. When I first worked in Lorton Prison (Washington D.C.), I got the job by using my initials on the appli- cation. Iwas one of the first women to work in a counseling situation in a men's prison. Later, with two brilliant mentors, Drs. Korn and Diamond at Berkeley, I ran a clinic at which we were trying out a lot of the basic things that we now do at Delancey Street. You came in if you were in trouble with the law or had some kind of psycho- logical problem. We structured it so that evzrybody who came in not only received help but had to do something for someone else there. We had a kid, a little black ghetto street kid from Oakland who got picked up in some typical street crime, and we also had a kid who was labeled schizophrenic, who was a flasher. His mother made him stay at home all the time and he never went out and he had no friends. He would escape occasionally, just go outside and flash. He was severely withdrawn. We had this little ghetto kid teach the schizophrenic all the latest dances, and, you know, how to get rid of his acne, and all the things that are daily living skills for a healthy adolescent, things that no psychologist is going to give you. We also had a guy who was somewhat educated, and he ended up tutoring the kids. The basic principle, which I think is the critical principle in therapy, it you think of therapy as teaching people to live their lives better, is the idea that no one ever feels good just receiving. Therapy has to make you want to take control over your life, and if you can't take it in a good way, you end up taking it in a bad way. It simply isn't a very healthy thing to be a person who goes around receiving help and then having to say to everyone, "Thank you, you were wonderful." When I did therapy, people would say to me, "Mimi, thank you, you were bril- ~~r~ i~ii~ i LV LR VIVI THE INCIDENT REPORT The Official Publication of the San Francisco Sheriff's Department FEBRUARY 1986 Dr. Mimi Silberf On Delancey Sheet liant, you were great." I would feel terrific, but later 1 thought about it and wondered what they must feel like. One notch less, really, because they're doing all the receiv- ing. That to me was the key part of the clinic in Berkeley that made it successful. We really got people to find their strengths as well as to improve their weaknesses. The critical principle in therapy...is the idea that no one ever feels good just receiving. When Delancey Street started, they call- ed me over to talk about writing a grant, which I decided we should never do, because it would kill the whole concept to have money coming from anywhere except ourselves. Here was a golden opportunity to take the next step, which was to really live out having the receivers be the givers. That, of course, requires the ultimate risk, of throwing your lot in with people and risking that you will never receive, that you will all succeed together or fail. Well, thought, I don't like to fail, so we're all going to succeed. That hit me with such compelling force. remember just being so thrilled at seeing what we could build together. I mean, I was trembling. It was really a dream come true. I come from a very Zionist Jewish background in which the idea of a home- land was very important. We all used to sit around the radio when I was a kid and talk about the dream of a homeland. 1 came here, and in my own small way, it was like an exile coming home. Here was a home in which to make all the things I believe about life happen, and to have everybody make it happen together is the part I love best. What better thing could there be? What changes have you seen over the years in the type of person who comes to Delancey Street? We still get what's known as the career criminal. We get the repeat offender who's older, very angry, quite toughened in the gut. But, we are seeing more and more affluent young people from so-called good backgrounds. You know, the nice house in the suburbs with the lawn and a nice car in the driveway. Everything looks fine on the outside, but inside, there may be child abuse, alcoholism, sexual abuse, and the children are told not to tell. So, aside from the specific problem that they are living in the streets and addicted to drugs, the people from these homes have never revealed to anyone, even themselves, that things were not right, that they were abused and hurt, that they were battered by everything in life. Not only have they been physically bat- tered, but they really have difficulty nego- tiating their way through prison, through the streets. They are just not strong survi- valists, even in the negative sense. It used to be that these people could survive in the negative sense. We would take that survival skill and flip it into positive skills, and that's still true for a number of people. But, we are also getting people who are having trouble surviving at all. I did what was the largest study of prostitution in the country and it confirmed what we are seeing in Delancey Street, which is that the street prostitutes are getting younger and more and more from affluent families, in which the story is that they have run away from home because there was a lot of confusion there. Families that looked strong on the outside were breaking down on the inside, and these young people learned helplessness, which is a horrible thing. They found themselves unable to take any kind of control or to tell anyone, so they just ran. The Delancey Sheet Shory Delancey Street is a self-help residential treatment center for 500 ex-convicts, ex- alcoholics, ex-addicts and ex-prostitutes. Founded in 1971, Delancey Street has earned an international repu- tation for its unique and effective approach to rehabilitation. Delancey Street considers itself a recyc- ling center for those whom the system has defined, and who have defined themselves, as society's garbage. Residents live, work and learn together to return to society as productive citizens. The residents of Delancey Street are the hardcore helpless-those considered to be untreatable. Over 85'i. have been heroin addicts for over ten years, 60'7, are polydrug abusers, over 40`i, are alcoholics. The average resident has served seven years in prison and has returned to prison three to four times. Treatment at Delancey Street is based on a philosophy of "mutual restitution." The residents gain the vocational, personal, interpersonal and social skills necessary to make restitution to the society from which they have taken illegally, consistently, and often brutally, for most of their lives. In return, Delancey Street demands from society access to the legitimate oppor- tunities from which the majority of resi- dents have been blocked for most of their lives. Training starts the day a resident is accepted to the program. Everyone is tutored in basic reading, writing and math skills. Each resident learns vocational skills by working in the nine Delancey-run businesses that provide the primary source of the Foundation's working capital. Basic social skills are also taught-how to live and work with others, how to dress, how to set a table. Through constant training, residents achieve success. Self-discipline, hard work and caring for others pays off in self respect and tangible rewards. Residents slowly work their way up from a crowded dorm to asemi-private room; from routine tasks at work to positions of responsibility. Every graduate leaves Delancey Street with at least a high school equivalency certificate, three marketable job skills, and six months of successful work experience. Delancey Street achieves all of this with- out government funding of any kind. In the true spirit of self-help, the Foundation is self-supporting through the businesses it runs: specialty advertising sales, furniture production and sales, a moving and truck- ing school, a print shop, antique car restoration and operation of outdoor Christmas tree lots. Each resident is de- pended upon to do his or her share. Everyone in Delancey Street works and no one receives a salary. All income is placed in the general fund which provides for the care of all residents. There is no paid staff, so residents learn from their peers. Self- help, self-reliance and self-rescue are the cornerstones of the program. Delancey Street describes this process of learning and developing through posi- tive peer pressure as being very much like a group of people climbing a mountain together in a chain. The person closest to the top is pulling for himself and the person who's hand he is holding for his own balance, as well as to pull the other along with him. That person does the same for the person beneath him, and so on. The person at the bottom is as impor- tant in getting everyone to the top of the mountain as is the person at the top. How have the older, long-time residents reacted to these new, younger people? It's really interesting because the situa- tion reminds me of a period some years back when police departments were re- evaluating entrance requirements and actively recruiting women. I would hear cops groan about how standards were dropping and how it wasn't like the old days anymore. I would come back to Delancey Street and the old-time, second story men from New York, the real old- time street criminals and drug addicts were having the same responses to the new that we are all climbing a mountain to- gether. Those people at the very bottom look to me to pull them up. When you're holding hands~in a~ehain, those of us at the top ace equally dependent on the people at the bottom. We all either make it up the mountain together or we all go down together. I love the fact tnat I can't stop and be lazy or I can't stop and worry about how I feel today. I think that's both a luxury and a misfortune that people have, and it's because they are not needed enough. When you are, there's no choice but to that has most influenced his thinking about life. He wrote about how he had tutored a Delancey Street resident in preparation for a high school equivalency certificate. This man was much older than my son and he really had to work hard. My son wrote that the experience had taught him that change is truly possible for anyone at anytime, no matter what. When I read that, I was just over- whelmed! He had understood so well what I believe in and what Delancey Street stands fnr, and this is how he thinks about life. It was oneof those incredible moments when a parent realizes that the message got through, and it was just wonderful. What is next for Delancey Street? We're drawing up plans for a new resi- dential and work center in the South of Market district. As it is now, we are scat- tered inseveral different locations all over San Francisco. Some residents sleep at one location, eat breakfast at another, attend their morning meeting at another, and go to work at still another. We stress that we're a family but it is hard to maintain a family feeling when the members are al- ways in transit from one place to the next. Our biggest single budget item is the cost of operating the fleet of vans that constantly circulates among the facilities. The new center will be complex where we will have 177 townhouse apartments, offices for our businesses, and shops that offer neighborhood services. We will be very much a part of the growing South of Market community-our shops will cater to the surrounding neighborhood and our big dream is to open a new restaurant. We've really missed our restaurant on Union Street, which we had to close be- cause of a huge rent increase a few years ago. We also want to provide performance space there for community theatres. As the project manager, all of a sudden, I am learning all about construction, blue- prints, materials and financing. It's a huge undertaking but very exciting in terms of Delancey Street's growth. As much as possible, we will build it with our own labor, but it will still mean selling off some of our existing facilities. If all goes as planned, we will be at the forefront of a whole new neighborhood. Here was a home in which to make all the things believe about life happen, and to have everybody make it happen together. arrivals. They'd say, "God! The standards for being a dope fiend nowadays are really lowered!" and, "Boy, these guys couldn't find their way out of a paper bag." You know, there's a certain reverse mentality, in which the dope fiends saw themselves as rather tough and very manipulative and quite slippery, and able to maneuver their way through anything. Now, we're getting people who don't necessarily come from the streets or, if they do, they come there very young. Stress is something we're hearing a lot about lately. Women, in particular, are finding that superwoman is a myth and there's a lot more to juggling work, family and personal pursuits than meets the eye. How do you manage? My work is for me, the opportunity to make my life a real commitment, and a commitment to other people's lives, and a commitment to some very strong moral stands and some very strong values. It's a commitment which allows no faltering and so it has become my life. I love it that way. It forces me to be the very best of myself. The analogy we talk about all the time is keep tugging upward-you tug! So, I do it for the 500 residents here in Delancey Street and, in turn, that's what does it for me. I really feel like I'm worthwhile and I feel like I'm worthwhile because I have to be the best me I can be. I've got everybodys eyes on me all the time. People talk about living in glass houses, I'm a glass person. Every belief, every move, is really like a role-modeling for all these people and I like it that way. I like to be held accountable. What do you do to relax? I'm a tailure to tennis. I'm a failure to golf. It's a life thing for me-I don't have to relax. Besides, I would be very, very bad at it. How do you integrate family life with your work life at Delancey Street? Well, Delancey Street is my life. All of the things I believe in the most I live out at Delancey Street, and this has filtered through to my children. One of my sons is just finishing high school and sending out his college applications. One college asked him to write an essay on the experience DELA1`ICEY STREET FOUNDATION, InC. 2563 Diuisadero Street San Francisco, California 94115 Thank You, Dr. Silbert (415) 563 5326 ~~,~o~odo~aaQd OF DRUG AND ALCOHOL DEPENDENCE The Trade Publication ForAlcoholAnd Drug Professionals Vol. 9. No. 8 Published in Miami, Florida September 188b DelanceySf. pays way thru own businesses The Neighborhood Model The 15-year-old San Fran- cisco-based Delancy Street Foundation currently has about 600 residents, ranging in age from 12-70 in four locations, says Foundation President, Mimi Silbert. "We have 350 in San Francisco, about 150 at a ranch in New Mexico, where we also have a juvenile program. We have 50 people in Brewster, New York, and about 60 in Loa Angeles." There are two main entry criteria for addicts, ex-cone, and people in serious trouble. "They have to admit responsibility for having screwed-up their livea- whether they believe it or not. And they have to ask them- selves to get in-they can't get their probation officer or their mommy to ask for them." Residents also make a com- mitment for a minimum two- yearstay atDelancey Street, dur- ing which rime they are expected to take part in group therapy, marathons and other TC activities, including family therapy-when there's a family for the resident to return to. Res- idents are also expected to learn three marketable skills. The average length of stay is about four years, somewhat more than most TC's. Ia there an emphasis on re-entry? The word is clearly in vogue right now, says Silbert. "We talk about entry. Our goal the min- ute people walk in the door is to teach them to live in society. Moat of our people have never really learned how to live successfully and legitimately in society. We teach them how to live in society as responsible citizens for the first time in their lives. We don't rehabilitate people, we habil- itate them. We don't have elev- en different stages that people have to go through. But our peo- plegraduate quite successfully. All pretty standard TC fare, except for a couple of things: "We have no paid staff," says Silbert. "We never have had. 1 like it that way. Too often our people have lived their lives divided into a `we and they mentality. Besides, to maintain 600 people effectively, we would need a staff of 1800." If you don't have a we-they division, it's a lot easier to teach them that it's really their pro- gram, Silbert contends. "If the place folds, I'll do fine. They won't do fine. The place is really theirs. If they choose to turn their lives around, they do it for one another." There are no salaries, there are no professionals. "One of the unique features of Delancey Street is that we've never taken any government money, or even any operational private grants." How about insurance or any other form of third-party reim- bursements? "We don't charge anything for our program- abaolutelynothing. We've never gone after insurance money. In fact, we've not spent our time on the issue of raising money." '1 hen how has Delancey Street been able to survive? Robustly. Delancey Street has carried the TC notion of self-help and self- reliance to a logical conclusion, developing businesses operated by residents, with all proceeds going back intu the community. Says Silbert, "We pool every- thing. We live by pooling our strength, by working and then pooling the money we draw in from those businesses. We earn most of our money, and that affords us lots of wonderful the- rapeutic opportunities because of that-the fact that we're dependent upon our own people to be responsible and healthy while they're trying to get responsible and healthy." Risky business? Yes and no. "That risk that we live with all the time turned out to be a strong point because every other pro- gram that is dependent on fed- eralfunds watched that funding dry up." One of the first enterprises-a moving business-started as a community good-will gesture, to make friends in the neighbor- hood. "It soon became clear, however, that we were in the moving business," says Silbert. That business is thriving, she adds. "It's one of the major sour- ces of our income. We're P.U.C.- licensed, we have statewide authority, we have many major contracts withbusinesses and government agencies. We have 15 bob-tail trucks and several major rigs. Virtually all of our businesses have started that way-by meeting a need in the community," says Silbert. "As a result, we're really very self- sufficient and we don't have to worry about putting our energy into satisfying someone else's goals or requirements." What about accountability? "We're all accountable to each other. We have no professionals deciding what's good for us. We encourage people to draw upon their successes, we encourage role-modeling. Our people do volunteer work with seniors and kids and get out of that self- centered issue of `poor addict,' and get into the fact that there are so many others in society in need. By the time that they graduate, they are literally dif- ferent people, with integrity, decency and a sense of commun- ity values." Silbert describes occasions at Delancey over the years as a ldndoforganicevolution. `°I'hethings that have happened at Delancey happened, I think, the way a change,happens in a neighbor- hood." And for Silbert, that's the key to Delancey Street. "There's no question that by goal, we're a drug-alcohol-crime treatment program. Butin process we have less in common with funded- staff treatment programs than we do with literally small neigh- borhoods and families." Mimi Silbert With Emmy Fri., June 8, 1984 We are re-airing i~~ ~. ~~ It s an inspiring, joyful, warm and wonderful program that is a reflection of this remarkable lady. This is what "Life" is all about... today's heroes clearing the way for a better tomorrow. It's all three happy-ending Rockys rolled into one. If you saw it, we know you'll want to see it again. If you missed it, don't. SEE 1TTOMORROW, ON KNBC-TV at 7:30 PM uusca Ioe Campanella, Host Ralph Edwards, Executive Producer Andy Friendly, Producer (*Dr. Silbert has devoted her life to rehabilitating hard-core criminals and drub addicts, whom the world has rejected.) sr < q5~'S ~oe~. ~co w~ ~w~i? C/1 ~~~~'~'.bd s ~ -m~~°~a'oyo' o ~ ~ ~ f'D g ~ p wp~ Q~ M ~ f1 ~5 ~~ ~ c'eg ~•»~e ~ m~' e ~ ~~ c~ a~~,au ee w ° ]r 7r 5' ~ ~ cn ... o. ~ r. ~ . o ip JCQa~~m ~•~ ~ ~. ~~ ~ ~y o~~ ~oo ~ eoe ~ w o ~ n ~• ~ ~' ~ ~~5r~~w za~''$ B gw`e ~ ~' `` v ~g l9 ~. p, y' (D (~ '~I ~°FowUOcn °~~'~ '~'oc~o 0o ti~ ~ H ~~,' j o g co 5 c~ ~~ '~ ro ~,~B55ax ~~ ~.~ oo...co ao~R' ~~ov w cu .,.ao K O ~ ~ ~ err,.; ~ ~i. ~ m ,~, i ~ ~'" f " a =. y :. ~ ~ ~+ o :. °° ~, A a~ ~ .~ '~ 3 ~, Y. za ti t~ Ol •`+~~ )w a ~ , ,~ ~ ~ p~~ ~~~~~s: \ ~ N :a c 1To$ Augele~ ~ltnesg SILBERT Coetinaea from Page 1 Emerson's "Self Reliance," to table etiquette, as well as topics more immediate to residents just off the streets-such as the inadvisability of dressing like a pimp. It' Silbert has anything to do with it, every resident is forced to exchange a vocabulary of "swearing and grunting" for mature communication. Evenings, Silbertpnd Maher go home to Silbert's twin 15-yeaz-old boys, David and Greg. Growing up in and around Delancey Street, Silbert said her sons absorbed whit she believes is the foundation's most important lesson: "That change is possible for anyone at any time, no matter what." When the boys turn their attention to homework and the telephone after dinner, Silbert returns to De~neey Street, often sitting in on meetings till the eazly hours of the morning. Sometimes she spends the night in a room she and Maher reserve in the house. In th e morning, Silbert is inevitably awakened with a new drama. "We're always in financial crisis (they receive no government grants; the foundation is funded by donations and in-house businesses)," she said "Md someone's always in personal crisis. `Z like struggle. I love it," she added. "Some people choose golf or tennis to relax. But to me, struggle is relaxing, enlivening and exciting. So, of course, Delan- cey Street is like a dream come true." While Maher sometimes is seen as outrageous and outspoken, Silbert is seen as the more refined of the pair. "He came from the South Bronx and didn't get edu sated. I got educated," explained Silbert, who holds a Ph.D. in criminology and psychology from UC Berkeley. "But we're both somewhat fanatic. We take the same general cut at life. I think we're really pretty similar." Maher has attracted most of the attention in the past, but that may be changing. Jane Fonda recently signed a two-year option with the intent of playing Silbert in a movie about her work at Delancey Street. Though Fonda is an old friend (her daughter is the same age as Silbert's sons, and the two families get together socially), Silbert said she was reluctant to agree to a movie. An eazlier TV movie that capitalized on the Delancey Street name and concept was full of criminals leaping off roofs and through windows. Silbert didn't feel the portrayal was accurate. "Most movie makers have a romance with the criminal." Silbert said. "They tend to glamorize all the things we try to deglamorize." Silbert said she, too, accepted what she termed a common misconception about criminals that she calls "the poor Herman theory"-it's the assumption that people go bad because they are unloved and misunder- stood victims of the economy and society. After her first year at Lorton Prison, Silbert said it would have been easy to rebound to the opposite extreme, attributing criminal behavior to an innate evil bent in a person. Instead, she said, "it became made clear to me that it was a foolish notion that the thing that makes someone a criminal is lodged inside him like a cancer. If it's a disease at all, I think it's more like malaria." When malaria patients recovered enough to stand on their feet, Silbert said, they used to be sent down into the swamps where the disease breeds, and were made to boil the sheets of newly infected patients. Crime is like that, she said-if you go back down into the jungle you'll get it again. The secret is to teach people how to avoid being reinfected. Part V/Thursday, April S, 1984 Newcomers to Delancey Street aze immediately enlisted to wash sheets and make beds because they aze the only ones that keep the house going. Often after he's been there a few months, an ex-con will single out a young addict and focus all his energy in giving that youngster a chance he never had, Silbert said. In the process, the older man discovers dignity, and a reason for his own existence. As the kid who was branded in grade school for being a loudmouth, Silbert said she has a certain empathy for criminals because they tend to be boisterous and active. But, she added, because they usually leap before looking, they make a lot of mistakes. Silbert tells a story about the time Delancey Street movers brought an antique dresser to the house for a minor repair. They left it unattended in the driveway for a moment, and by the time the movers returned, they found the dresser chopped to splinters by a new arrival who was trying to be helpful by adding to the woodpile. Silbert said she'd rather work with those kind of people whose eagerness leads them to occasional monumental goofs, than with people who sit safely on the sidelines. Silbert and Maher acted boldly recently in establish- ing a 17-acre Delancey Street facility in a rural azea of New Mexico. While working on a master plan for the prison system in New Mexico several years ago, Silbert said she recognized there was no alternative Lo conventional prisons in the state. "It seemed so completely impossible to open a facility like Delancey Street there that we had to do it," she said. Silbert hopes the success of the new facility will silence critics who have said that a radical alternative Iike Delancey Street could only work in a liberal and diverse community like San Francisco. Currently scouting a location for along-planned Los Angeles facility, Delancey Street residents aze looking fora "lazge and battered white elephant" to convert into a comfortable home. In anticipation of opening another facility in Montreal, Silbert has assigned a contingentof ex-cons to study French . Silbert has also found time to conduct the first large-scale examination of prostitution in San Francis- co, astudy funded by the National Institute on Mental Health. She dispatched Delancey Street women-all of whom had been involved with prostitution, along with other crimes-with the instructions: "Go to the streets where you worked, find the women you know and tell them this study ie OK." Nearly 200 women came to the mansion in Pacific Heights to talk about their lives in exhaustive five- to six-hour interviews. Silbert said the project identified an increasing demand for child prostitutes. As compazed to the street population in past yeazs, the women tended to be younger, of middle-class backgrounds, and less equipped to deal with life on the streets. Silbert also does consulting work with the San Francisco Police Department and other law enforce- ment agencies. She said police officers are in some ways similar to criminals: "Their lives are action oriented. They understand we don't live in a perfect world and we can't always wait for the perfect choices. We have to move anyway," she said. In Silbert's stylized practice of criminology, the choices are never safe nor sure. "You're in a field that is fraught with failure, and yet you have an opportunity to save a life," she said. "My grandmother said: 'The Talmud teaches if you have saved one life, it is as if you have saved the world.' 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When a person, or immigrant, in Delancey Street lingo, enters the program, he or she is given some clothes, maintenance work, a room to share with five or six other people, and no privileges within the community. For the first three months, no contacts with the outside world are allowed. New residents eat, sleep and breathe Delancey Street. "We start them at ground zero," Dr. Silbert emphasizes. As attitudes change and a sense of responsibility devel- ops, residents gain more rights. Like a greenhouse, Delan- cey Street's environment encourages continual srowth. Mary Carauba, 24, Delancey Street's public liaison, is a transplant from the San Francisco program. Seven years aqo she entered the program straight from the streets where she had worked as a prostitute. She had a $200-a- day heroin habit. "I was shooting into my neck and legs," she says. "I could barely walk. I Rot scared." Ms. Carouba heard about the program in jail. "These other women said they would give you three hots and a cot (three hot rneals and a bed). That's all we knew. I came to get out of going to prison." Today Ms. Carouba is a dazzling example of what De- lancey Street does best. Bright-eyed, articulate and bub- bly, she has not only escaped her past, she has transformed it. "I used to have terrible feelings about myself. 1 was turning tricks with old men and I had tatoos all over my body," she recalls. Ms. Carouba exorcised her demons in Delancey Street's encounter groups. "At first, I was to- tally hysterical. I would just rage. I didn't trust anyone. I would do my best to make everyone hate me," she says, remembering her early group sessions. Tears well up when she talks about Delancey Street. "What changed me was people caring so deeply that it makes an imprint on you. You begin to see it for what it is. "Nothing gives you hope like seeing a scumbag just like you making it ...they used to have tracks and tatoos, and here they are, in a three-piece suit," she says. W--hat makes Delancey Street click, IVs. Carouba says, "is people pulling one another up along with them. You don't just get it for yourself. You reach out and give it to someone else." Sitting around the table after lunch, Freddy, 20, talks quietly about an emotionally scarred past that left him "like an animal," living on the streets when he was 12. Arrested for strong-armed robbery and credit card fraud, Freddy entered Delancey Street as an alternative to a prison sentence. The first six months, he says were diffi- cult. He didn't know how to let others care about him. "I realized I was in a pattern, and that I had to change. "Switching it around was rough," he says. These days, Freddy talks to high school kids about his experiences and his odyssey at Delancey Street. "You explain what you went through and hope they will snap." A seventh-grade dropout, Freddy now aspires to college. How does he feel about Delancey Street? "It's like I died and went to heaven." Mimi Silbert embraces Freddy after the interview. She supplies some of the graphic details of the abuse he re- ceived at home. Yet there is no pity in her description. "No matter what happens to you, you still have control and choices," Dr. Silbert says, explaining the potent mix- ture of love and discipline given to Delancey Street residents. "The first thing we teach is that you must take responsibility for your actions. No one tied you down and injected you with drugs, or made you stick a gun in some- one's face: You did that." Dr. Silbert describes society's treatment of offenders, seeking it as a see-saw that never really balances. "There are these two extremes that battle back and forth," she says. "One of them, I call it the `Poor Herman' concept, says these people need therapy, that it's not their fault, it's society's. The other says they should be thrown in prison and punished." Condemning both extremes, she has equally harsh criti- cism for orisons that alle¢edly relPacr+ nricnnr~ra withOUt rehabilitating them. "It's a terrible error," she says. "If we don't start giving these people a piece of our pie, they will smash our apples and there will be no pies," Dr. Sil- bert warns. The real way out, she says, is teaching people how to succed in legitimate society. Delancey Street has spawned a number of successful enterprises, including a catering business that regularly serves such groups as the local Kiwanis Club, abark-planter and terrarium busi- ness, aconstruction company and a wholesale sales mar- keting business. Such ventures provide essential training for residents, Dr. Silbert says. No one leaves Delancey Street without learning three marketable skills. "We don't want to give anyone an excuse for failure," she says. The businesses also pay half of Delancey Street's ex- penses. The other half is supplied by the National Insti- tute of Drug Abuse. Dr. Silbert is unhappy about that situation, and says New Mexico's Delancey Street is aim- ing to become 100 percent self-sufficient like its San Francisco counterpart. But Delancey Street does not stop at rehabilitation. Res- idents are also encouraged to offer some restitution to society for past damage they have inflicted. A row of co- lored ribbons, trophies and plaques awarded by local community groups and prominently displayed in the main dining room attests to the program's emphasis on public service. "We don't ask them to find the particular victim, and give them back their $100, but they have ripped off society; they should learn to give something back, to help other people in trouble," Silbert says. In five years, New Mexico's Delancey Street has gradu- ated 30 people. It has also won praise from some corrections officials. "We use the program as often as we can -they really seem to have a handle on the problem," says Joe Bowlin, chairman of the state parole board. Ann Yeomans, who works with alternative programs at the Public Defender's Office in Santa Fe, calls the pro- gram "very effective; they get people high with work in- stead of drugs." Back at Delancey Street, it is late afternoon and Mary Carouba is watching a group of teen-age girls relaxing by the ranch pond. Wistfully, she says she's happy that they found Delancey Street at 15 or 16, instead of later. "It is so much easier," she says. "You know, it's hard to believe, but sometimes people decide to go back to a locked, gray prison instead of staying here. They can't change. They can't get used to all the love and beauty here," she says. Ms. Carouba smiles. "I don't know if peo- ple can understand, but there's really magic here." 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"~ ~-. w OQ lD _ r tD ~ f'1 O fD f9 S Q' ,y G O ~ .•j a p ~ S ~ (o aR a ~ to S p, c0 rn, a ~ ~ lD fD a cD (D ~ a O Sp O '? ~G ~ co .., ~ va m co ~ -, S ~ w co -, Delance}~ Street Program "They Get People High on Work Instead of Drugs" Residents, Fixing Lunch, Have Two- Delancey Street Entraiace Where People Start at Ground Zero Year Committment To Stay in Program excerpted from ~w_~JO~ $aI'peI'jS Newsome@k v AUGUST 18, 1980 Atlantic AUGUST < 1980/NEW YORK JULY 1980 (VOL. 2fi1 N0.1662 ((\\``~~ R~ ~ Jl'LS 19riu JULY 1980 VOLUME 246 No. 1 ~1L.i~~~~ ~ ~, V ~ duly 1980 ~ A11GO5T ig80 ~~~,~ We're proud of this picture. [t's the first ever published of Delancec Street graduates. We took it because people keep asking us. "What happens to ex-drunks, ex-cons and ex-junkies afiei they leave the house?" We'd like you to meet some of our graduates. The folks are (from left to right) Susan Donnelly, account executive for the Walter W. Cribbins Cu., and a photographic model; Pat Donnelly and Tim Kennard, partners in Bug & Hare Repair, a Volkswagen repair shop; Syh~ester Herring, .appropriate Technology Coordi- nator for the California Conservation Corps and the California Council of Criminal Justice; Ken Hopper, a supervisor for Varian, Inc.; Bill "Cant, pre-mod student; Laura Swartz, attorney; Bill Maher, attorney and member of the San Francisco School Board; and Jose Amador, ambulance medical technician. Doesn't fit the image, does it? People expect our graduates to go roaring out into the world to a job pumping gas or cleaning johns. That's where we're different. We do more than separate people from destructive lifestyles. We assist them into challenging life directions. We have a number of self-supporting schools (our stylish Unio^ Street restaurant is oue of them) that give our residents the opportunity to gain experience in meanin~ul jobs. We pay their way to local colleges and universities. And we offer a taste of the good life by locating ourselves ...not iu the slurps ...but in places like }'aci(ic Heights. yti'hat better way to stimulate ambition than to rub shoulders ~~~ith successful peoples We could go on and tell you about our other graduates. Like Barbara Stern. who's Program Director for the (:are I~nir at Alta Bates Hospital And Bill Tolliver, who rose from the walking dead to a new career as a mortician. (~,e rib him about that.) One final question people have is-`Who's the cop in the picture?.. He's Oral 'nelson; member of the San Francisco Sheriffs DeparUuent ... and a Delancey Street graduate, too. l1'e couldn't be more proud. Thanks to your donations (tax exempt, of course) and your support, Delance} Street Foundation has become the most unique rehabilitation program of its kind in the nation. Maybe even the ~~lorld. Just ask our graduates. For further information contact us at 2~i63 Divisidero, San Francisco. (415) 563-5326. DELANCEY STREET FOUNDATION INC. Our business isself-reliance. No alumni reunionwas ever like this. Greensboro News & Record Carl W. Mangum Jr., Prsswenr.nePua~ Ben J. Bowers, vkeProsldxir.ndExscutlroEaYta David DuBuisson, EdNalal Pspe Eda. Ned Cline, M.ropMg Ee/ror Wednesday, June 12,1991 DELANCEY STREET FOUNDATION (919; 379-u477 ,ail N. Elm Street vreensboro, NC 27401 Editorials Delancey Street: Non-prison that works By KATHY COE Editorial Writer Delancey Street burned its mortgage in May. There was a reception, an elegant affair. The stately house on North Elm Street was glowing, with flowers, new carpet and refin- ished woodwork throughout. In the front hall on a table was the silver bowl where the mortgage actually met its match. This community of convicted criminals and substance abusers paid for its house in three years. When it opened in +~ late 1967, the project had the backing of a small group of communi- ty supporters and the somewhat tentative for- ,~ bearance of its neighbors - in Fisher Park. The pro- gram has more than jus- COe tified their faith. Delancey Street North Carolina isn't a street, but a place where people change their lives. It's one of four Delancey Street homes in the country; all accept people who otherwise would go to prison. It gives them one choice: to become productive, responsi- ble, self-respecting citizens. It's named after the street on the lower East Side of New York where immigrants once had their first orientation to life in America; in a very real w•ay, it is an orienta- tion in responsible living. In the average 3i/z-year stay, Delancey Street graduates learn marketable Skills and further their education. They work - in the program's moving business, for in- stance, or in retail sales. They must dress and conduct themselves in a way that com- mands the respect of the community. Far more important, they restructure their lives on the basis of their own hard work and trustworthiness. Over time, they build trust in themselves and in each other. Nobody is in Delancey Street very long before he or she has to take some responsibility for keeping someone else on the right track. They are a family, often tough but sometimes gentle. Asa re- sult, when one backslides, everyone gets hurt. Tar Heel Talk Mimi Silbert is the psychologist and crimi- nologist who founded the first Delancey Street in San Francisco. From her office there she spoke to me about what makes the program work. "In traditional therapy," Silbert said, "problems are isolated and dealt with indi- vidually -drugs, literacy, unemployment. Delancey Street looks at the situation hori- zonta]ly-rather than vertically. We try to give people evervthinQ." Second, Silbert said, Delancey Street doesn't rely on experts. In the process of surviving, Delancey Street residents have had to learn to build buildings and operate a computer system. Delancey Street changes people's lives from the outside in. It provides the struc- ture into which people grow. It teaches them how to function in the world, from preparing and eating regular sit-down meals to knowing how to give a successful job interview. There are three ways to leave it. One is b~• graduating and moving out into an inde- pendent, responsible life. Hundreds have already graduated across the country. Though Delancey Street doesn't publish numbers, it does maintain that a greater percentage of its graduates lead crime-free, addiction-free lives than people who leave prison. As in every alternative program, there are dropouts. Silbert says asmany asone- fifth leave during the grueling first three months, mostly from lingering despair about their former lives of drug or alcohol addiction and crime. When people drop out, the whole family suffers. It's also possible to get kicked out of Delancey Street. There are three cardinal rule:: 1) no violence; 2) no threats of vio- lence; and 3) no drugs or alcohol. Break one of those and you're out with no second chance. Delancey Street North Carolina can take 25 residents at a time. In just three years, a. few of its residents have already graduated. In view of this success in the private sector, why is North Carolina committing $200 million to new prison building? Why aren't we looking at alternatives we know to be more effective? Delancey Street has worked in Greens- boro because of its residents' own courage. But having local citizens assist in the initial financing helped (no tax dollars are in- volved). The project is now self-sustaining, but those community friends continue to offer encouragement. That kind of support would be essential if Delancey Street's ap- pruach were tried in other communities. I asked Mimi Silbert what might work better for North Carolina than more pris- ons. She recommended a wide range of com- munity-based options -including prisons for the very few who do need to be separat- ed from society. "You can never build your way out of crime," Silbert said. She suggested that if politicians were more direct, they would admit that what they routinely advocate is sending criminals to a place that is paid for by taxpayers, where criminals do no work, have lots of leisure time and learn nothing. "If they actually suggested that, people would just laugh," she said. Yet that is what we do with criminals, in ever-increasing number. You tell me why. Mimi Silbert .. M~f1 v • ~ ttcs. 3~r it z4 s ~~'J ~~~ \'orth Carolina Ucpartnienr c~f• (;rir»r C;rn~rrol and (~uhiir Safct~' J~nx~s (i..~Iartin. C~o~•rm~r Ih~•isicnt cif ~irtim :ut.l Justirc k•n lrc• Joschh 11•. Iran, kcrctar\• (ta 1')) i ~ i_ i'173 April 11, 1988 Mr. Kevin McDonald Delancey Street North Carolina 811 North Elm Street Greensboro, North Carolina 27401 Dear Kevin: I want to congratulate you for the success of Delancey Street North Carolina and thank you for the hospitality during my visit earlier this month. I've been working in community corrections for the past 15 years and have .never been so impressed as I was with your accomplishments, your program and your "can-do" attitude. To witness all you have done in the brief time you've been here is incredible. As I told you during my visit, there is a tremendous need in North Carolina for effective residential facilities for offenders and I hope you will share your success with government leaders, legislators and other program administrators. As North Carolina moves toward a comprehensive corrections policy - as is being explored in the legislature - it will become very clear that our fairly complete array of services is sorely lacking residential facilities for otherwise prison-bound offenders. I am certain that Delancey Street North Carolina can have an impact on that issue. I will stay in touch with you and plan to Yisit again. I'm sending a copy of this letter to several people who I hope will contact you and make a visit. I deeply appreciate the services you are providing. Sin erely, i S. Schrantz 'ants Administrator I ' \, tialishur~• titrrrt • I'. O. lic-~ ? i 1~h7 • K.11~•It;h. \~ Irth (:arulina ' i(i I I - ~ (-~" \n Fywl l -irtwrnunuc ,\Ilirnuu~c :\r~arn I ny.inva•r i INTRODUCTION TO DELANCEY STREET FOUNDATION Mimi H. Silbert, President Delancey Street is a self-help group for over 600 drug addicts, alcoholics, prostitutes and ex-convicts whose residents learn self-reliance, gain some dignity for themselves, learn occupational skills, get an education, learn to get along with others, and hopefully begin to feel a sense of self- worth so that they can ultimately graduate from Delancey Street and make a successful life in society. It is a self-supporting, self-governing community maintained entirely by men and women representing every fiber of America's racial, cultural and socio-economic fabric. Most residents come into Delancey Street upon re- ferral from an agency of the criminal justice system. Interviews are conducted by other residents of Delancey Street who have been here long enough to understand the values. Interviews are conducted on the Delancey Street premises as well as in jails and prisons. New residents are asked to make a two-year commitment, because we believe that is the minimal time required to turn a life around which has spent years developing self- destructive values. The stay at Delancey Street is disciplined, serious business, requiring a real commitment to change. The first few months of Delancey Street are considered the "Immigration" phase. Upon acceptance men's hair is trimmed to short lengths and women are asked to remove makeup so that they can turn around their street images and develop new self concepts based on some self worth. The first few weeks are spent working in maintenance jobs such as cleaning of the facilities and the serving of meals. Residents are allowed to write family after 30 days, and call after 90 days. However, they are generally encouraged to spend their time and energy in Immigration getting to know those around them and becoming involved in their new environment. Following that, letters, phone calls and visits are earned along with responsibilities and rewards. The faster new residents learn good work habits and basic positive inter- action skills, the more quickly they will earn their way out of Maintenance and out of Immigration and into one of the numerous departments where they learn actual skills. During the two-year minimum stay, most residents are trained in two to three vocational skills. Training school businesses which generate income for the Foundation and provide on-the-job training include such diverse career fields as moving, the construction trades, automotive maintenance, bookeeping, catering, sales, merchandising and marketing. Also a strong emphasis is placed on traditional education. Residents are tutored until they receive a high school equivalency, and numerous in-house classes are provided along with the encouragement of a number of residents to attend colleges and universities. Three basic rules are emphasized throughout one's stay in Delancey Street: 1. No drugs or alcohol; 2. No physical violence; 3. No threats of physical violence. Anyone breaking these rules can be asked to leave the facility. Residents participate in group encounter sessions three nights a week, and from time to time longer marathon groups are held. Focus New Program Gives Addicts Hope On A Road From Ruin By Je1i Herrin R~ wurtte GREENSBORO -Joe sat behind a building not tar from your house last C>ristmas Eve, thinking about his li[e. boiding a gun to his head. Over and over the question turned. iJte or death? life or death? "I was really going to do it," he said a few days ago. "I got fed up with it. The guilt and whatever you want to call it had caught up with me. i hated myself... Ia a sense, Joe did end his life that night. A lice of drugs and ripping oft offices and stealing from people he was supposed to Lore. Joe's older sister opened her door to Aim once more last Christmas. They talked until dawn about what Joe.was going to do to c~artge. They talked, oddly enough, about the (3ristmas tree that stood in the room with them sad about where Joe's sister had bought i~ Delancey Street. That's not an address. That's a paradise. ... The clock skips ahead six months, and it's 2 p.tn. oa a Friday is Jane. Joe's paietting a tones John's slicing cheesecake. Jeanette's tatiag ia,rentory oa the plants site sells. They and the 16 others who live with them cauW boot cells lDlO the 1990s with the land of prison time tbty face. i~rcetty. Burglary. Drag deals. Auto theft. A big guy wiW a btvshy mustache walks thtvugh the house. The shadows oa his record are blacker than any of the others'. Two counts of armed robbery. A sentence of I1 to 20 years. Heroin addict. Meet Kevin McDonald. The Delancey Street director. "1 think there's a tine Itne between you and trte," he tells a visitor at the Greensboro center. "There came a point in our lives where we could have gone either way. and we went the wrong way." Delancey Street is the road from ruin. For 17 years, beginning to California, it has served as a haven for recovering addicts whose only home otherwise would have been a jailhouse. There are no celebrity tuck stars wailing m tell their stories to People magazine here. The center has iwo tdmission criteria. It worsts as a parole altermtive, accepting only clients who tare prison time. It also accepu only those who want LO COrrll. thOtre who want to spend a minimum of two years learning lessons they flunked during their tint shot at life. "You hurt, hunger, love and tees here." McDonald explains. "You have all these emotions. Teaching job skills is the easy part. The difficult part u teaching someone how to care again." Newly admitted clients begin their stay with housework. They clean up, serve breakfast and attetd group seminars. Sixteen hours a day. Seven days a week. Before they graduate tram the program. they'll De expected to earn the equivalent of a high school diploma, attend three different training programs and Grad themselves a job. The programs progress the clients from maau[acturing to bootlteeping to sake. "lt's more or less like learning how to live again." says C.F., a 76yearold client who spent halt his life oa bfxoia. "It's extremely hard at tirn. You can't have any visitors for a year. But I have a wife and a 7-month-0Id daughter. The thing that has happened is that !'ve learned that I have W change." Change costs money. McDonald frets every trtonW about meeting the (3.200 mortgage payment for the house near Fisher Park. Someone might wonder about the cost of this kind of program to taxpayers. Not one cent. Delancey Street clients grow plants, sell cups and glasses. move turn~ture. work construction and make money any other way they can that's honest. Corporate sponsors donated food, clothing and furniture w open the Greensboro hoax last Octotter. But the program's goal is self-~uppnrt within three years. That means the ,:-Ics and tither businesses at Delancey Street eventually (Sew OELANCEY STREET On tt0- ~`'~ ••. .;~ . Kevin McOonefd Oireets Program r- Injuretl Jefl LeH Prison een~na Greensboro News & Record Thursday. November 12,198,9 Treatment center for felons readied near Fisher Park By KIMBERLY J. McLARIN scan wr+r.r Twenty-five convicted felons will soon move into a two-story house near the historical Fisher Park aeo- tion of Greensboro, and some reai- denta couldn't be more pleased. WVe feel these things need to be supported," said Mary Cable of 206 Fisher Park Circle. 'This ie a good neighborhood for it. There are good, open people in this neighborhood." Others, however, are a little skeptical of the planned alternative treatment center for prison-bound felons. "I'm not real ha py that they have come into this e, old rea~- dential neighborhood t we have worked so hard to preserve," said Mary Lee Copeland, former pp~~aai- dent of the Fisher Park Neighbor- hood Association. The nationally acelaimed Delan- cey Street Foundation has pur- chased a house at 811 N. Elm Street to be used as a residential treatment center for convicted felons. The San Franciaco-based, non- profit organization offers an alterna- tive to prison for people convicted of nonviolent crimes, said Barter Parks, chairman of the Center for Mutual Assistance Alternatives board of directors. The center ie a local organization responsible for bringing Delancey Street to Greens- boro. 'The program is to enable people who have made serious mistakes in their lives and gotten into some very, very bad habits to both make restitution to the society and the people they have harmed and to turn their lives around," said Parka, who is chairman of the Department of Justice and Policy Studies at Guil- ford College. The Greensboro program hopes, event to house about 26 people convi of crimes such as bur- glary, drug posseeaion or larcegp who wiliua~t how to live and works fn sor~ety, Parlui said. All r~denta will be from Guiles ford County, and the majority of them will be men, though some women will be accepted, Parks said. The Delancey Street FourxlatioA has mon than 600 offenders livir-` in residential rnmmunities in New Mexico, New York and California. The facilities are supervised by resi- dent offenders who have "graduab ed" from the program after ltagthy stays. They are supported by bu~i- ness ventures run by the offenders. in September the center eondd- ered purcheae of a former bed and breakfast i~ located about nine mi lea northeast of Greenabom in the Monticello community. But center officials abandoned the plan after residents' oppoeitio8, spurred the Guilford Plaaning Board to rejeet a resoning plaa, Center officsaL said they would seek a house in s less isolated area, The Elm Street site did not havs to be resaned to allow the institvr tional program. said Archie And (Sea House, D4) Eddie Moons News i Record Home for felons opens in Fisher Park By KIMBERLY J. McLARIN SteN WNfer A month ago this week, the Delancey Street Foundation moved quietly into the house at 811 N. Elm St. in Green- boro and went to work. Members scraped off the dried-out, beige-colored paint hiding the wood that lines the staircase in the foyer, then stained it. They cleaned the 25-plus rooms and made assignments: women's dorm, classrooms, workshops on the first floor; men's dorm, offices, more classrooms on the second. By Sunday, the newest addition to the nationally known Delancey Street Foun- dation, aresidential treatment program for convicted felons, was ready for in- ~}?ertion. The peeling, run-down resi- dence still needs a lot of work, but De- lancey Street officials are now ready to turn their attention to rebuilding lives. More than 100 people attended the foundation's open house Sunday to sam- ple the refreshments, talk with program officials and voice their concerns about having the center in their neighborhood. "The feeling we're getting from the neighborhood is very receptive, and that's just fantastic," said Mimi Silbert, a criminal psychologist and president of Delancey Street. "It only gets better from here," Sil- bert said. "The neighborhood will see how run-down this house was and the difference that's being made. And even if you only care about the property, our being here will help. The value will go up, even if you don't care about lives being rebuilt." Delancey Street is a 17-year-old resi- dential self-help program that turns hard-core convicted felons into produc- tive members of society. The program is based in San Francisco and has houses in New York, New Mexico and Los An- geles. The Greensboro program has accept- ed some felons and sent them to San Francisco to begin treatment, Silbert said. Officials hope to have the pmgram on Elm Street in operation for these people within a month. Gale Murphy, a resident of the Fisher Park neighborhood, stopped by the open house to talk with officials. Eight years ago, in another city, she was violently attacked in her home. "My concern is based o~ niy own per- sonal experience," Murphy said Sunday. "My concern is having this group of peo- ple like the person who attacked me living in this neighborhood. I was not pleased when I heard about it." The felons accepted t~~ Delancey Street have been convicted ~~f nonviolent crimes such as burglary , larceny and drug possession. The;: must have no his- tory of violent behavior. i;ut even that offers little assurance to hIurphy. ~sho (See Delancey, Bl) Delancey Street President Mimi Silbert, center, greets visitors at open house Q;i•ePi~sl~or~- Ne~~-s & Record Tuesday, May 10, 1988 suffered in construction accident; below right, Bernie Phifer, left, and Willie Joe put in sidewalk at house ~~ , >. -- Delancey Street: Felons make right turn By JOYA L. WESLEY ffeN Wrlfer Jeanette Lynch turned herself ~ nto the police in January to change her life. The Raleigh woman's 10-year ~1rug problem had escalated to the point that she was injecting co- •aine and forging checks to pay for it. "I would take them and go to the grocery store and buy a bunch of groceries," she said of the 31 bad checks she wrote. "Whatever was left I'd go buy cocaine with." Lynch, 24, faced a230-year sen- tence before her lawyer found her an alternative to prison. "I read about Delancey Street," Lynch said, "and I decided that this was where I wanted to be." She had then met the fu-st re- quirement for acceptance into De- lancey Street, a residential treat- ment program for convicted felons that opened a center in ,Greens- boro five months ago. She had asked for help herself. Lynch's story is typical of De- lancey Street residents. Most are former drug addicts and all have been convicted of non-violent crimes. Residents of the program's house at 811 N. Elm Street, with their neat dress and polite man- Hers, blend well with the quiet, middle-class neighborhood. "People always say 'Oh, here is the staff, now where are they?' " said Mimi Silbert, president of the 17-year-old program. '"They're re- ally surprised to find that we are they." Delancey Street's mission is to teach discipline, responsibility and (See Delancey Street, 132) Jefry Welford/Nays i RecerO Resident Jeanette Lynch, above, does secretarial work; below left, Jeff Burko reads while recovering from burns reprinted from: T~ ~VIrS 11K~ Ob58YV~t" RECYCLING PEOPLE Raleigh, N.C. Sept. 4, 1988 Society's throwaways get another chance to succeed at Delancey Street 6y CORNELIA GRUMMAN Staff writer For reswents o4 the DeWrcsy Street prepam house in Greensboro rehab~llUtion k a team eRort. Bernard.Fldfer, top. sweeps walkway to their home H Greensboro. Delancey residents are restorln~ the 21-room. 81-year-o{d mansion In histork Fisher Farh t0 its orltinal condition. As they restore tl~e house. the k7N goes, they restore their souk. Other reskiaas. hr rl~ht, peip move someone into a house; operatlrr~ a movin` business is one way residents support the program. Grol Cannady, right, manes decorative bark pWnters that other Delancey resdents self to local businesses. Mother resident, above. prepares lunch next to a blackboard that tells reskients tne'Word hx the Day'' suirvd..s,c.f,u. REENSBORO -it's 8 a.m. and an unfiltered sun drenches eight men who tumble out of a beige van. All wear gray polo shirts, jeans and red baseball caps that say "Delancey Street." Quietly, they set to work. Today the men will move, among other things, two bicycles, a barbecue, several fish tanks, wicker furniture, afour-poster water bed, a stereo and an ironing board from Greensboro to Climax. •`We count. it as a privilege to do this," says Kevin R. McDonald, aLech Walesalook-alike who directs one of his movers to go back inside with the mirror he's carrying and wrap it with blankets. Back at the Delancey Street house, an 81-year-old prairie-style mansion on Elm Street in historic Fisher Park, there is more work to do. One project is restoring the 21-room mansion to its original condition. Jeffrey A. Burko helps )dark E. Kennedy and Bernard C. Phifer prime the living room wall and replace the ceiling molding. Guilford County experimems with prison alternatives GREENSBORO - A couple of young men. are busy constructing a wheelchair ramp i~ f.*on! of the 81-year-old house in iais!oric Esher Park. Inside, a woman '`:.tisaes cleanictg a large window before pull~.ng ost thQ vacuum cleaner for some r.~oce house work. The wood floor in the 'acge foyer has been stripped and re- :,t~-ed !o its o~iginai Condition. i'hese people are breathing new life into this spacious house near downtown rreensboro. At the same time, they are trying to find a new life for themselves. They are convicts. But rather than spend their time behind bars, they have been sent to this house in the hope that they wil! find what they need to turn their lives around -something they aze less likely to discover in prison. Delancey Street, as the pmgram at the house ;s known, is part of a concerted effort in Guilford County to provide a variety ~f a?ternatives to incazceration. The county perhaps has done more than any other in NorLti Carolina to look at hew cr:rninal offenders should be dealE w?Fh. ' `Tn GuiLFOrd County, there are so many ..'!er~,a.!ives to prison," says Horace M. '~;:^;~ ?r., the county's district attorney. .., c -e~~:y get a let of bites a± the '~os~ ai!e!--~a'.ives here include a resi- • ~ :'~' a~.~? day center for tomato offend- ~• ,u either are pregnant or have - ~.. -•_ ~hitdren, 2n aggressive Communi- :• "•~ ~ ".~~s program that seeks to steer ~~s-~-5a.~*~d offenders into probation :-~:~~gr~•~*~s tha! a'.?ow them to live at .~~;;~e, keep their jobs and perform .:r_~:nity sen•ice, and the program ': •.ev•n as ~?clancey Street. :'~~_ county also has a corrections •~^~~.-~::s>on - an zdvisory body to the _ . t.:,: v ccr^.m L loners with a member- : `~ ~~ _`: osl law eru~orcement, the judiciary ans: e'_her ir.!erested groups -that seeks !o st°e-•;then and give cohesiveness to :e re~•,vork of alternatives. Ttie :Hove toward alternatives in Guil- `o~° ::o<~.n!-,~ :: as spazked a few years ago ~,.• :z Mrcern tha! prison crowding would o;?~~;ow into tie co~•^ty jails. The effort v;2~, initiated not b- public officials but s2''~:;'y by COncernec:: private citizens. "`1''c is an issue w;sere the peogtle are ^.eirg to lead the pe'•iticians," says John .~. Ker:~odle Jr., an assistant to the dean ^_` Ghe School of Education at the I~?niver- sity of North Carolina at Greensborn and a leader in the push for community-based alternatives to prison. Those involved in the effort hope to divert as many as 200 Guilford Cout~y offenders per year from prison into other. less costly, Programs. • "We need pr#sons; ' says Superior Court Judge Thomas W. Ross of Greens- boro. "But t<hat's uot', the answer for everybody. We need a somber of differ- entapproaches." One Guilford County approach is the program in the house near downtown Greensboro. Delancey Street, a private non-profit operation begun 18 years ago in San Francisco and since expanded to New Mexico, New York, and Los Ange- les, gem it names from a New York City street where 01d Wflrld immigrants once settled to start life over again. The aim of Delancey Street, which is financially self-sufficient, is to take male and female criminal offenders and devel- op in them a sense of responsibility, wor•4h and work ethic. Offenders sent by judgPS to Delancey Street as a conditic.~ of probation are •required to work around the house, take classes and learn job skills. They must have the equivalent of high school diplomas and spend at least two years on the program before they are allowed to "gradua~e." The rules are simple: No violence. no threats of via Ience, arxi no drugs or alcohol. Most stay between three and four years. Delancey Street is run entirely by criminal offenders. The 16 offenders who live in the two-story house in Greensboro have jobs, but none aze paid a salary. They do get a sma'.l amount of what they call W.A.M. -Walking Around Money. "In pa•ison. they warehouse people," says Kevin R. McDonald, 40, who was convicL+L~I of firmed robbery in California. He waS~iavolvdd in the program in that state before being sent to Greensboro to set up the p(bgr•am Last October. "You get out, but nothing changes. - "We teach them to interact. Prisons are run on fear, it's the law of the jungle. They ain't got no hope of changing in prison. Here, we give t,'~em the tools." It costs about 510,000 a yeaz to keep one person in Delancey Street -including such costs as food and a53,000-a-month mortgage payment on the laouse -and that is paid far largely by the efforts of those in the program. They sell planters and T shirts and coffee mugs with college embkms on tbenrt. CIothes and furniture aze donated by area companies Another program is the Guilford Coun- ty Women's ResidentiaLDay Center, an alternative to prison for motha~ and pregnant women. Thy program., funded privately, largely takes in repeat misde- meanor offenders and offers counseling, job-seeking skills and a Montessori School for the offenders' young children. The program currently has two women in the day center and four women and three children in the residential center. "We want women who are genuinely interested in changing," says Shirley D. Fisher, day center administrator. "They aze here for worthless checks, forgery and shoplifting." The center seeks to address the unique situation female criminal offenders often present. "We punish not only her, but also the child," says Marilyn R.:1?ink, residential administrator. "There is a cost to soci- ety, acost to care for the child. It's much better to do some preventive work, some rehabilitation." Candice C. Joyce, vice chairman of the Guilford County Corrections Commission and president of the N.G. Alternative Sentencing Association, says such pia grams make fiscal sense. "When you consider the f~orrenEous fiscal and human costs of incarcera+~nb lesser offenders," says Ms. Joyce, "you couldn't be rational and say let's cont±.*~ue locking them up." --BILL KRUEGF.R M V m a m ~- w • c 0 i oc b 3 • Z 0 C c 00~ K L • C d 6E7 C Cw~ `~~ y~ ~U = y O ~ e V ~ ~ E,~~' a ~s ~~ ao+>~,C~ ~'-°:~ ~ ~ • ~~ ~~ ~ ~s A m erg ~ ~ =° e~~~~ off' ac+~ •~ ~ e m e ` w_ c O t ~' m_ E m~ m E ~ 3 • m e•, E•m ~ c o~ ~ c ? • `~ Ea,addm G1 d m.- ~Gr e~'1 ~'~s E ~ m -.¢ m a V ~ w r ~ o >~ r.. ~Er•+ • d c 3 ` ~eboE c~sr ~ ~ o d~ Y~, E~~ ~~ d > '~ 00~ ~ _ ~ > 5 ~t ~~~Ze ~"vEyLE~ E1:'~.9 ~ee~ ,. ;~a,E w ~ ~o~~aco.-•gdv Z~asm~ ~s ._ ~S ~m~ $' O :~~COEmus3$d ~~+t-~'~, ~c_~~cpEe y°~E~v wm~- E i ~~'. a+>s~i i v~ v 3 ~reoa & cBsL°', 3 E o.i.G+ o~ c °st 3 r >'>, 'C•~L+ ~ ~ d""' wa •~ Ey E._~=w..a3i~~°i E'~'o,_ cc c ~;v..o~°a ~ s o °' m~L or m ~ ~°> >~ O.~w 3w ~ o~sVJ • eoU iL w 'v w ~ .E ~ r v .. 9 ~ c o ., >, o~ ~.. 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'"~ - AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: JULY 14, 1992 AGENDA ITEM: Claim of Daniel L. Chisom ~? 1 COUNTY ADMINISTRATOR' S COMMENTS : ,!~'f,~,~,,,,,~. nor-~-u~--~ BACKGROUND• Sections 15.1-550 through 15.1-554 of the Code of Virginia describes the procedure for submitting claims to boards of supervisors. No legal action against the county upon any claim or demand may be maintained unless and until such claim has been presented to the board of supervisors. A determination by the board disallowing a claim shall be final and a perpetual bar to any action in any court on such claim, unless the decision of the board is appealed to the circuit court within 30 days from the date of decision. SUMMARY OF INFORMATION: By letter dated May 6, 1992, the law firm of Cranwell & Shiel submitted a claim on behalf of Daniel L. Chisom in the amount of $75,000.00 for personal injury. A summary of this claim is attached to this report. This claim was submitted to the County's insurance carrier for consideration. Attached is a copy of the response denying this claim based on the fact that the storm drain is owned and maintained by the State of Virginia. FISCAL IMPACTS• If the Board allows the claim, the County would be required to pay $75,000.00. ~~ ALTERNATIVES• 1) Disallow the claim based upon the objections set forth above. 2) Allow the claim and pay the $75,000.00. STAFF RECOMMENDATION: It is recommended that the Board disallow the claim. Respectfully submitted, Paul M. County Mahoney Attorney Action Vote No Yes Abs Approved ( ) Motion by Bob L. Johnson Eddy x Denied (~ motion to approve A ternative Johnson x Received ( ) - to eny t e c aim Kohinke x Referred Nickens x to Minnix x c:\wp51\agenda\lit\chisom.clm cc: File Paul M. Mahoney, County Attorney Robert C. Jernigan, Risk Management Cranwell & Shiel, Attorneys for Daniel L. Chisom - Certified Copy ~- Alexs;s m Federal Reserve Bank Bwidmq '01 East Byro Street Pos! Office Box 1177 Richmong. Virginia 23209 telephone 18041 783-0339 'WX 710-956-0123. EasyLinK 62908992 Teiecop~er !8041 783-9550 June 12. 1992 Mr. M. Dean Cranwell Attorney at Law P.O. Box 903 Vinton. VA 4179 RE: CLAIM #: OUR CLIENT: CLAIMANT: Df A: Dear Mr. Cranwell: 79VMP91G0725 Roanoke County Daniel Chisholm 12/6/91 RISK Management service A Subsid~arv a Alexander 3 A'exander Inc. Alexsis Risk Management Services, Inc. is the third party administrator on behalf of the County of Roanoke. This will acknowledge receipt of the correspondence you sent to Mr. Paul Mahoney. The alleged open manhole you indicated your client fell in is a storm drain. rather than a sewer drain. and is owned and maintained by the state. It would appear, therefore. that your claim should be r'irected to the State of Virginia for the state-maintained storm drain. Based on this, I would be unable to consider any payment regarding your client's iniuries. If you should have any questions, please feel free to contact me at (8041 783-05b9. Sincerely, William E. Padgett Senior Claims Specialist WEP/pab cc: Bob Jernigan - County of Roanoke 9Z021222.?2 ~^; ~~1 ~ ~ 5~ tJ ~ 1992 ~ RECEIVED ~ ~ kQA~{OKE OOUNTY o c~ tNSU~CE ~~",' t~ ~~; ~~s8c 9 ~'~ £Z CF~°INWELL &SHIEL ATTORNEYS AT LAW 1106 EAST WASHINGTON AVENUE M. DEAN CRANWELL PATRICK S. SHIEL Paul Mahoney, Esquire Roanoke County Attorney's Office 3738 Brambleton Avenue Roanoke, VA P.O. BOX 507 VINTON, VIRGINIA 24179-0507 May 6, 1992 HAND DELIVERED RE: Daniel L. Chisom v. Roanoke County Dear Mr. Mahoney: ~~~ ~~~~ IT ~.F, ~ "j°~ ~ TELEPHONE (703) 985-0002 FACSIMILE (703) 985-0511 Enc7.osed you will find a copy of a letter dated April 28, 1992, from Mark Allan Williams, Assistant City Attorney, denying our claim against the City on the basis that the property where Mr. Chisom fell is not located in the City. Therefore, we are placing the County on notice of this incident also and would request that someone acknowlege receipt of this notice as soon as possible. Sincerely, CRANWELL & SHIEL ~-~~~ ~~~ Pamela J. Bear Paralegal. /pam Enclosures ~~: ,~, _ ~ . NOTICE OF CLAIM FOR PERSONAL INJURY TO: Paul Mahoney, County Attorney Pursuant to Section 8.01-222 of the Code of Virginia, 1950, as amended, Daniel L. Chisom, residing at 1623 Underhill Avenue, Roanoke, Virginia 24014, hereby gives notice of his claim against the County of Roanoke, its agents, officers or employees: On December 6, 1991, at approximately 2:00 in the afternoon, claimant was walking along the side of Underhill Avenue near the gate of the City's Sewage Treatment Plant in the County of Roanoke, Virginia, when he fell down an open manhole about 10 feet to the left of the gate when entering the City's Sewage Treatment Plant and across the street from 1623 Underhill Avenue in the County of Roanoke, Virginia. As a result of the fall Mr. Chisom sustained leg and back injuries. Claimant was taken immediately to Roanoke Memorial Hospital, where he was treated for his injuries by Doctors George Henning and Bruce Thomas and Steve Pasternak. Claimant has been under the care of Dr. George Henning since the accident. As a result of this accident, claimant has incurred medical bills in the amount of Four Hundred Thirteen and 75/100 Dollars ($413.75) as follows: Roanoke Orthopedic $ 179.00 Dr. Bruce Thomas 19.00 Emergency Room fee at Roanoke Memorial 215.75 Total $ 413.75 - ~' / Further, claimant will continue to incur medical bills in an attempt to treat the injuries he has sustained. Further, claimant has been prevented from working at his usual rate of employment since the date of the accident and anticipates future disabilities. The claimant has undergone severe pain and mental anguish as a result of this injury and anticipates that this pain and suffering will continue. Claimant hereby makes a claim against the County of Roanoke in the amount of Seventy Five Thousand Dollars ($75,000.00) to compensate him for the injuries and losses described above, and such future losses and expenses as he may suffer as a result of this accident, which he alleges were sustained by reason of the negligence of the County of Roanoke, its agents, officers or employees. Respectfully submitted, DANIEL L. CHISOM By <-.~~ Of Cou sel M. Dean Cranwell, Esquire Patrick S. Shiel, Esquire CRANWELL & SHIEL P. O. Box 507 Vinton, Virginia 24179 (703)985-0002 ACTION NO. A-71492-10 ITEM NO . '~ `J ~8 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOItE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: July 14, 1992 AGENDA ITEM: Acceptance of Funding for Special Education Program at Roanoke County/Salem Jail Facility COUNTY ADMINISTRATOR' S COMMENTS: ~~~~L /J ~~i=~~~.~r~G'( ~/ c BACKGROUND: The Roanoke County Sheriff's Office has been selected by the Virginia Department of Education as one of three pilot sites in the state to develop and implement an educational program for targeted inmates under the age of 22. This program will provide classroom instruction for inmates in the Roanoke County/Salem Jail who have special education needs. This pilot program originated from a complaint in 1987 that was filed with the Office for Civil Rights regarding unavailability of special education services for eligible inmates. In 1990 the Virginia State Crime Commission made the following recommendations: 1. Local responsible felons should receive services through cooperation between local jail administrator and local division school superintendent. 2. State responsible felons with disabilities should be assigned high priority for transfer to Department of Corrections facilities. 3. All funding should be provided by the Commonwealth. 4. Virginia Department of Education should serve as the agency responsible for coordination and conduct of the program. 5. Virginia Department of Correctional Education should provide technical assistance to jail and education personnel. Target date for implementation of this pilot program is August 1, 1992. Statewide implementation of this educational program is mandated to begin in Fiscal Year 1994-95. SUMMARY OF INFORMATION: The Roanoke County Sheriff's Office and Roanoke County School Board will jointly develop and implement a special educational program within the Roanoke County/Salem Jail Board Report July 14, 1992 Page 2 Facility. All funding for this program ($90,000) will be provided by the Commonwealth through the Virginia Crime Commission. The funding provides for personnel to include one special education teacher provided to the Roanoke County School Board, and two employees provided to the Roanoke County Sheriff's Office to include: one Correctional Officer/Deputy Sheriff for security, and one secretary for administration of the program. FISCAL IMPACT: -0- STAFF RECOMMENDATION: Respectfully submitted, Gerald S. Holt Sheriff Approved (~ Denied ( ) Received ( ) Referred ( ) To ( ) Staff recommends acceptance of funding Appro d by C.'L,m~y' ~% Elmer C. Hodg Jr. County Administrator ACTION Motion by: Harry C. Nickens to accept grant VOTE No Yes Aba Eddy x Johnson x Kohinke x Minnix x Nickens x cc: File Gerald S. Holt, Sheriff Bayes Wilson, Superintendent, Roanoke County Schools Diane Hyatt, Director, Finance Reta Busher, Director, Management & Budget Keith Cook, Director, Human Resources AT A REGULAR MEETING OF THE COUNTY SCHOOL BOARD OF ROANOKE COUNTY AT 7 P.M. ON JULY 9, 1992 IN THE BOARD ROOM OF THE SCHOOL ADMINISTRATION BUILDING, SALEM, VIRGINIA. RESOLUTION REQUESTING AN APPROPRIATION TO THE SCHOOL GRANT FUND FOR A PILOT PROGRAM TO EDUCATE JUVENILES AND INMATES UNDER AGE 22 WHO ARE INCARCERATED AND IN NEED OF SPECIAL EDUCATION WHEREAS, Roanoke County has been selected as a site to pilot an education program for juveniles and inmates under age 22 in need of special education, who are incarcerated in jail, and WHEREAS, the County School Board of Roanoke County will serve as the fiscal agent for the project of $90,000.00 awarded by the Virginia Department of Education for the period of July 1, 1992 through June 30, 1993; BE IT RESOLVED that the County School Board of Roanoke County on motion of Maurice L. Mitchell and duly seconded, requests an appropriation by the Board of Supervisors of Roanoke County to the School Grant Fund in the amount of $90, 000.00 for the project as set forth. Adopted on the following recorded vote: AYES: Jerry L. Canada, Barbara B. Chewning, Maurice L. Mitchell, Frank E. Thomas NAYS: None ABSENT: Charlsie S. Pafford TESTE: ~_ ~ , Clerk c: Mrs. Diane Hyatt c: ~. ~~~ o , ~~~~ v ul. '~ I~'~ 3 0199 c~~~~~~T'~~A~,~'~iI ®~ ~~I3~C~1~IA DEPARTMENT OF EDUCATION P.O. BOX 6-O RICHMOND 23216-2060 June 26, 1992 Dr. Bayes E. Wilson Superintendent Roanoke County Schools 526 College Avenue Salem, VA 24153 Dear Dr. Wilson: We are pleased to inform you that your community has been selected as a site to pilot an education program for juveniles, and inmates under age 22 in need of special education, who are incarcerated in jail. We have completed joint negotiations with Dr. Eddie Kolb and Mr. Frank Sparks from your staff, and Captain Barry Tayloe from the Roanoke County Jail, and will fund the project for $90,000.00. As this amount is less than was requested in your proposal, it will be necessary for you, as fiscal agent for the project, to submit a revised budget reflecting the award amount. The period of the award is from July 1, 1992 through June 30, 1993. Reimbursement will be made for project expenditures on a semester basis and will be processed as part of your first and second semester requests for special education categorical funds. Ms. Lisa Yaryan is the Department of Education contact for this project (804-225-2709), and will be working closely with the project staff on an ongoing basis. We commend you and Sheriff Holt for your efforts in establishing this program, and are eager to assist you in any way that we can. Sincerely, ~~ ~ john Mitchell, Principal Grants Administration cc: Sheriff Gerald Holt Lisa Yaryan ACTION NO. A-71492-11 - DENIAL ITEM NO. ~'~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: July 14, 1992 AGENDA ITEM: Request for Public Hearing / ~~~~ COUNTY ADMINISTRATOR' S COMMENTS : ~(,~~-,~,<.,~-~ < a"~'y"'"~f EXECUTIVE SUMMARY• VAKS, Ltd. through its attorney has requested the Board of Supervisors to adopt a resolution supporting its request to the General Assembly for tax exempt status. Such a resolution shall be adopted only after a public hearing. BACKGROUND• Section 30-19.04 of the State Code prescribes the procedure to be followed in requests to the General Assembly for tax exempt status. The General Assembly requires the adoption of a resolution by the local governing body supporting or refusing to support this exemption, or evidence that a formal and timely request has been made and that the governing body has failed to act on the request or has refused to adopt the resolution. This Code section lists specific findings of fact or questions to be considered. The cost of publication of the legal notice for the public hearing may be collected from the organization requesting the property tax exemption. SUMMARY OF INFORMATION: The VAKS, Ltd. request for consideration of a resolution by the Board of Supervisors for tax exempt status was made in late November, 1991. The Board was not receptive to considering such a request at that time. This request has been renewed in anticipation of the 1993 session of the Virginia General Assembly. If the Board wishes to consider a resolution for tax exempt status, it shall be adopted only after holding a public hearing. Therefore a public hearing would have to be scheduled to consider this matter. July 28, 1992 or August 25, 1992 are the next two 1 ~= / regular meetings of the Board at which evening public hearings are scheduled. FISCAL IMPACTS' It is recommended that the Board require YAKS, Ltd. to pay the costs of legal notice publication. ALTERNATIVES' 1) Schedule a public hearing to consider the adoption of a resolution for tax exempt status for VAKS, Ltd. 2) Refuse to schedule a public hearing to consider the adoption of a resolution for tax exempt status for VAKS, Ltd. STAFF RECOMMENDATION: The Commissioner of the Revenue and the County Attorney recommend that the Board reject the request of VAKS, Ltd. for adoption of a resolution supporting property tax exemption. The reasons for this opposition could be summarized at a subsequent meeting, if requested. The scheduling of a public hearing in consideration of the adoption of a resolution concerning tax exempt status is a matter of Board discretion. Respectfully submitted, ~' Y Y ~ Paul M. Mahoney County Attorney Action Vote No Yes Abs Bob L. Johnson x Approved ( ) Motion b Eddy Denied (X) motion t~ eny reques or Johnson x Received ( ) pu is Baring Kohinke ~._ Referred Nickens ~_ to Minnix ~. c:\wp51\agenda\general\vaksacem.rpt cc: File Paul M. Mahoney, County Attorney R. Wayne Compton, Commissioner of Revenue Edward A. Natt, Attorney for2VAKS, Ltd. - Certified Copy .J ACTION NO. ITEM NUMBER V °~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER MEETING DATE: July 14, 1992 AGENDA ITEM: Ordinance Amending and Readopting Article I "In General" of Chapter 21, "Taxation" of the Roanoke County Code by the Addition of a New Section 21-6 "Administrative Fees for Tax Collection by Legal Action" COUNTY ADMINISTRATOR' S COMMENTS : ~~~.~ ~~~'°""~"~ SUMMARY OF INFORMATION: The Code of Virginia authorizes the imposition of a delinquent taxpayers fee that covers administrative costs associated with the collection of delinquent taxes. This fee would place collection costs upon the delinquent taxpayer and remove some of the burden of the cost from the taxpayer who pays his taxes in a timely manner. The proposed fee is $20.00 for taxes collected subsequent to the filing of a warrant or other appropriate legal document but prior to judgment, and $25.00 for taxes collected subsequent to judgment. The Tax Lien can be used in place of the Warrant in Debt which requires additional time for both the Treasurer's Office and the County Attorney's Office. FISCAL IMPACT Based on 2,000 delinquent accounts, it is estimated that this fee will generate $40,000 in revenue. STAFF RECOMMENDATION: It is recommended that the attached ordinance be adopted following Second Reading and Public Hearing on July 28, 1992. fred C. A derson County Treasurer ~~~ ~~ Elmer C. Hodge County Administrator -/ ---------------------------------------------------------------- ACTION VOTE Approved ( ) Motion by: No Yes Abs Denied ( ) Eddy Received ( ) Johnson Referred ( ) Kohinke To ( ) Minnix Nickens ~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 14, 1992 ORDINANCE AMENDING AND READOPTING ARTICLE I "IN GENERAL," OF CHAPTER 21 "TAXATION" OF THE ROANOKE COUNTY CODE BY THE ADDITION OF A NEW SECTION 21-8 "ADMINISTRATIVE FEES FOR TAX COLLECTION BY LEGAL ACTION" WHEREAS, Section 58.1-3958 of the Code of Virginia, 1950, as amended, authorizes a local governing body to impose on delinquent taxpayers a fee to cover administrative costs associated with the collection of delinquent taxes; and, WHEREAS, the Treasurer of Roanoke County has recommended that the Board of Supervisors adopt such an ordinance; and, WHEREAS, the Board hereby determines that the adoption of this ordinance is in the public interest since it places a portion of the costs of collection upon those individuals requiring such collection actions; and WHEREAS, the first reading of this ordinance was held on July 14, 1992; and the second reading and public hearing was held on July 28, 1992. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1) That Article I. "IN GENERAL" of Chapter 21. "TAXATION" of the Roanoke County Code, is hereby amended and readopted by the addition of a new section as follows: Section 21-8. Administrative Fees for Tax Collection by Lectal Action There is hereby imposed upon the person or persons owing any tax levied by the County a fee to cover the administrative costs ~ -/ associated with the collection of delinquent taxes. This fee shall be in the amount of Twenty ($20.00) Dollars for taxes collected subsequent to the filing of a warrant or other appropriate legal document but prior to judgment, and Twenty-Five ($25.00) Dollars for taxes collected subsequent to judgment. Such fee shall be in addition to all penalties and interest. Nothing in this ordinance shall foreclose the County's collection of additional or higher fees and costs, where allowed by general law of the Commonwealth. 2) That the effective date of this ordinance shall be from and after July 28, 1992. c:\wp51 \agenda\general\taxml. fee ACTION NO. ITEM NUMBER ~- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: July 14, 1992 AGENDA ITEM: First Reading of an Ordinance Authorizing the Conveyance of an Easement to Appalachian Power Company Across the side of Stonebridge Park II. COUNTY ADMINISTRATOR'S COMMENTS: ~ ~„~ BACKGROUND' Appalachian Power Company is seeking an easement across the southern side of Stonebridge Park II to upgrade the power lines to East Vinton Plaza. The proposed easement does not interfere with the athletic fields and normal operation of the park (see attached map). The attached ordinance is submitted for the first reading and covers the legal requirements of the County's charter. The second reading of the ordinance will be included on the agenda of the Board of Supervisors at your July 28, 1992 meeting. FISCAL IMPACT' Appalachian Power Company has offered one dollar ($1.00) to bind this easement. RECOMMENDATION' Staff recommends approval of the first reading of the attached ordinance and the consideration of the second reading on July 28. Respectfully submitted, Appro~d bye/ John M. Chambl ss, Jr. Elmer C. Hodge Assistant Administrator County Administrator ----------------------------------------------------------------- Approved ( ) Denied ( ) Received ( ) Referred ( ) To ( ) ACTION Motion by: VOTE No Yes Abs Eddy Johnson Kohinke Minnix Nickens ~, _ Z AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 14, 1992 ORDINANCE AUTHORIZING THE CONVEYANCE OF AN EASEMENT TO APPALACHIAN POWER COMPANY BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the subject property has been declared to be surplus and is being made available for other public uses, i.e. an electric line easement; and 2. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a first reading concerning the disposi- tion of the subject property was held on July 14, 1992; a second reading was held on July 28, 1992; and 3. That the electric line easement across property owned by Roanoke County (Stonebridge Park) for Appalachian Power Company upgrades the power lines to the East Vinton Plaza; and 5. That the proceeds from the sale of the easement are to be allocated to the capital reserves of Roanoke County; and 6. That the offer of the Appalachian Power Company of One Dollar ($1.00) for the easement is hereby accepted and all other offers are rejected; and 7. That the County Administrator is authorized to execute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish the conveyance of said easement, all of which shall be upon form approved by the County Attorney. c:\wp5 ] \agenda\realest\apco.est 1 k G,-2. MAP SEC. 256 B I `I EAST VINTON PROPERTY oF- PLAZA BOARD OF SUPER~/ISORS OF ROANOKE COUNTY 0 J O OO EXISTING U.G. IRAN F 256 -09- 14 _ _. __ ___ ___ /, - // ~~ \~ ~~ G ~, \~p~ \ \~ \~o~ \, ~ ~~~, ~~ I ~ ~~ -, ~ ,- ~- ~ ~:,- y` O L~~~ OJ~~Y\ SAO OQO P~ EXISTING POLE 256-2192 COUNTY OF ROANOKE,VIRGINIA T. D. 665000 V I NTO N DISTRICT v a; i a h z APPALACHIAN POWER COMPANY ROANOKE, VIRGINIA ROANOKE DIVISION T8D DEPARTMEI PROPOSED RIGHT OF WAY ON PROPERTY OF BOARD OF SUPERVISORS _ OF ROANOKE COUNTY DfArrNn L.M.A. w-~ 12-6 -91 M*.•* J. B. A. III ~ I"=50' sx~[r l of ~ sM~s DRAWING NO. R - 288 2 PROPERTY 7F I ASTON-~/IN"i-ON PROPOSED POLE ~ 256- 2200 ACTION NO. ITEM NUMBER J AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER MEETING DATE: July 14, 1992 AGENDA ITEM: Appointments to Committees, Commissions and Boards COUNTY ADMINISTRATORS COMMENTS: SUMMARY OF INFORMATION: 1. Community Corrections Resources Board One year terms of Edmund J. Kielty, and Mrs. Chris Pickard, Alternate will expire August 31, 1992. 2. Highway and Transportation Safety Commission Four-year terms of Leo Trenor, Citizen at Large, and Charlotte Lichtenstein, Neighborhood Organization, expired June 30, 1992. Mr. Trenor and Ms. Lichtenstein have served two consecutive terms and are not eligible for reappointment. 3. Parks and Recreation Advisory Commission Unexpired three-year term of Fenton E. Harrison, Jr., Catawba Magisterial District. His term will expire June 30, 1994. 4. Roanoke Valley Regional Solid Waste Management Board Four-year term of Mrs. Mikeiel T. Wimmer will expire July 31, 1992. Respectfully submitted, Mary H. Allen Clerk to the Board Approved by, ~~~ Elmer C. Hodge County Administrator z~-~ ---------------------------------------------------------------- ACTION VOTE Approved ( ) Motion by: No Yes Abs Denied ( ) Eddy Received ( ) Johnson Referred ( ) Kohinke To ( ) Minnix Nickens ~_ ~ S AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 14, 1992 RESOLUTION 71492-12 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. that the certain section of the agenda of the Board of Supervisors for July 14, 1992, designated as Item J - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 15, inclusive, as follows: 1. Approval of Minutes - May 26, 1992, June 2, 1992, June 9, 1992. 2. Request for Acceptance of Ashbury Court, Ashbury Drive and Greenmont Court into the Virginia Department of Transportation Secondary System. 3. Request for Acceptance of Millbridge Road into the Virginia Department of Transportation Secondary System. 4. Request for Acceptance of Barrens Village Lane, Barrens Village Court, and Deer Branch Drive into the Virginia Department of Transportation Secondary System. 5. Confirmation of Committee Appointments to Board of Zoning Appeals and Social Services Board. 6. Request to Accept Grant from the Department of Criminal Justice Services for Drug Enforcement Program. 7. Request to Accept Grant from the Department of Criminal Justice Services for Community Crime Prevention Services. 8. Donation of Easements in Connection with the Hunting Hills Road Project. 9. Donation of Sanitary Sewer Easements in Connection with "THE ORCHARDS", Applewood, Section 2 (F&W Community Development Corporation). 10. Acceptance of Donation of Right-of-Way and Easement for the Bushdale Road Rural Addition Project. 11. Donation of Easements from Springwood Associates and Leroy G. Lochner. 12. Donation of a Water Line Easement Situated on Lot 32 and 33, Block 5, Section 3, Waterford. 13. Donation of a Water Line Easement from James R. Crawford and Thelma E. Crawford. 14. Donation of Rights-of Way in Connection with the Fallowater Lane Project. 15. Request from County Treasurer to Destroy Records for Tax Payments Prior to July 1, 1987. 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor Johnson to adopt the Consent Resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None A COPY TESTE: Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Arnold Covey, Director, Engineering & Inspections Clifford Craig, Director, Utility John Cease, Chief of Police Alfred C. Anderson, Treasurer ~ -~ ~ May 26, 1992 L ~ '~ Roanoke County Board of Supervisors Roanoke County Administration Center 3738 Brambleton Avenue, S.W. Roanoke, Virginia 24018 May 26, 1992 The Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the fourth Tuesday, and the second regularly scheduled meeting of the month of May, 1992. IN RE: CALL TO ORDER Chairman Eddy called the meeting to order at 3:00 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Lee B. Eddy, Vice Chairman Edward G. Kohinke, Sr., Supervisors Bob L. Johnson, H. Odell "Fuzzy" Minnix, Harry C. Nickens (Arrived at 3:10 p.m.) MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Mary H. Allen, Clerk; John M. Chambliss, Assistant County Administrator; Don M. Myers, Assistant County Administrator; Anne Marie Green, Information Officer IN RE: OPENING CEREMONIES The invocation was given by John C. Chambliss, Jr., i May 26, 1992 ,Z 9 ~ WHEREAS, the Appalachian Trail is a 2,100 mile long National Scenic Trail, which runs from Georgia to Maine; and WHEREAS, 20 miles of the Appalachian Trail passes through Roanoke County, from Cove Mountain to Tinker Mountain, and this section contains two of the top attractions along the trail, Dragon's Tooth and McAfee's Knob; and WHEREAS, the upkeep, maintenance and improvement of the Trail is almost entirely provided by private clubs under the guidance of the Appalachian Trail Conference; and WHEREAS, the Roanoke Appalachian Trail Club is responsible for caring for a 113 mile section of the Appalachian Trail, from Bland County in the south, to Botetourt County in the north, and has added a variety of improvements to the trail, including shelters, foot bridges, and the McAfee's Knob parking area on Virginia 311; and WHEREAS, the Roanoke Appalachian Trail Club was founded in 1932, and is celebrating its 60th Anniversary, with a membership of over 200 people. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, on its own behalf and on behalf of the people from around the world who hike the Appalachian Trail each year, does hereby extend its appreciation to the ROANORE APPALACHIAN TRAIL CLIIB for its care and concern for this national treasure since 1932; and further BE IT RESOLVED, that the Board of Supervisors does hereby extend congratulations to the Club on the occasion of its 60th Anniversary. On motion of Supervisor Nickens to adopt the resolution, and May 26, 1992 L •7 ~ motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None RESOLIITION 52692-2 IN SIIPPORT OF THE INCLIISION OF ROANORE COIINTY IN THE APPALACHIAN REGIONAL COMMISSION. WHEREAS, the Appalachian Regional Commission (ARC) was formed in 1965 to enhance the economic development and the quality of life of the of the people in the Appalachian area of the United States; and WHEREAS, ARC, through its federal, state and local partnership, has pursued its mission in a very effective manner by supporting local economic development projects and could be of great assistance to Roanoke County in its economic development efforts; and WHEREAS, the ARC region currently includes three counties adjacent to Roanoke County and these communities have close economic and social ties with Roanoke County; and WHEREAS, Roanoke County has significant economic linkages with the counties and cities in the ARC region of western/southwestern Virginia and southeastern West Virginia; and WHEREAS, Roanoke County's ability to promote industrial growth within this region of the Commonwealth of Virginia could be greatly enhanced by participation in the ARC; and WHEREAS, Roanoke County recognizes the need to approach economic development from a regional perspective. NOW, THEREFORE BE IT RESOLVED that Roanoke County, Virginia, requests Congressman Jim Olin and Congressman Rick Boucher to pursue the inclusion of Roanoke County as a member of the Appalachian X99 May 26, 1992 a claim of $320,353 for unpaid charges from the purchase by the County of bulk water. The Code of Virginia requires that the Board of Supervisors act on the claim before further legal action is taken. Mr. Mahoney advised there had been correspondence in November and December 1991 regarding the charges, and since that time, there has been further correspondence between City and County officials. There was Board consensus that the staff continue to attempt to negotiate with the City regarding this issue and that staff may include elected officials in the negotiations. Supervisor Johnson moved to direct staff to reinstitute negotiations with Roanoke City. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None 4. Rgtlest for Approval of Industrial Revenue Bond Financing for Richfield Retirement Community (Tim Gubala, Economic Development Director) R-52692-5 Mr. Gubala advised that Richfield Retirement Community is requesting approval of up to $3.8 million of tax exempt Industrial Revenue Bonds to finance the construction and equipment of a 44,000 square foot 120-bed home for the elderly. The Industrial Development Authority approved the request at a public hearing on May 21, 1992. Supervisor Nickens moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy May 26, 1992 ~ ~ ~ or the creditworthiness of the Borrower or otherwise indicate that the Project possesses any economic viability. The Bonds shall provide that neither the Commonwealth of Virginia (the Commonwealth) nor any political subdivision thereof, including Roanoke County (the County) and the Authority, shall be obligated to pay the principal of or interest on the Bonds or other costs incident thereto except from the revenues and receipts pledged therefor and that neither the faith or credit nor the taxing power of the Commonwealth or any political subdivision thereof, including the County and the Authority, shall be pledged thereto. 3. This Resolution shall take effect immediately upon its adoption. 4. The Bonds are hereby designated as qualified tax-exempt obligations for purposes of Section 265(b)(3) of the Code, but only if the bonds are issued during 1993. The County has not designated, and will not designate, more than $10,000,000 of obligations to be issued during 1993 as qualified tax-exempt obligations for purposes of Section 265(b)(3) of the Code. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy, NAYS: None 5. Authorization to Write Off IItilit Bad Debts. (Diane Hvatt. Director of Finance) A-52692-6 Ms. Hyatt requested that delinquent utility accounts of May 26, 1992 303 Regional Special Education Board 1992-93 Budget (Dr. Eddie Rolb, Roanoke County Schools) A-52692-8 Dr. Kolb reported this is a regional program providing education for autistic and severe/profound handicapped and the County School Board serves as the fiscal agent. Staff recommends appropriating $2,063,286 to the School Board Budget. Supervisor Johnson moved to approve the request. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None 8. Request for Approval of Regional Cable TD Committee Agreement. (Joseph Obenshain, Sr. Assistant County Attorney) A-52692-9 Mr. Obenshain advised that this agreement authorizes a Regional Cable Television Committee to develop, administer and operate education and institutional television facilities. This committee would replace the current committee which is advisory in nature. Supervisor Eddy moved to approve the agreement. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: Supervisor Nickens Supervisor Nickens stated that even though he is opposed to this action, as a member of the Committee, he will report the wishes of the Board. May 26, 1992 Vincent Copenhaver and Budget Analyst Brent Robertson. carried by the following recorded vote: The motion AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None IN RE: REQIIEST FOR PIIBLIC HEARING AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA 1. An ordinance to rezone a roximatel 1.615 acres from B-1 and R-1 to B-2 to o erate a new car dealershi located at the corner of Peters Creek Road and Deer Branch Road Hollins Ma isterial District u on the petition of Vallev Motorsport. ? . An ordinance to rezone 0.893 acre from B-1 and B-2 to B-2 to operate a convenience store with Qas dispenser, located at 3202 Peters Creek Road Catawba Ma isterial District u on the etition of Workman oil Com an . 3. An ordinance to rezone 24.090 acres from M-2 to M-3 to construct and o erate an as halt batch mix lant located on the south side of Buck Mountain Road Cave Scrinc Magisterial District, uDOn the petition of yircinia Asphalt Pavinc Comoanv. Supervisor Kohinke moved to approve the first reading and set the public hearings for June 23, 1992. The motion carried by the following recorded vote: May 26, 1992 3 V 8 1992-93 FISCAL YEAR BUDGET FOR ROANOKE COUNTY, DIRGINIA WHEREAS, upon notice duly published in the newspaper, a public hearing was held on April 14, 1992, concerning the adoption of t annual budget for Roanoke County for fiscal year 1992-93. he and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, approved said budget on April 28, 1992, pursuant to the provisions of Section 13.02 of the Roanoke County Charter and Chapter 4 of Title 15.1 of the 1950 Code of Virginia, as amended; and WHEREAS, the first reading of this appropriation ordinance was held on May 12, 1992, and the second reading of this ordinance wa held on Ma 26 1992 s y pursuant to the provisions of Section 18.04 of the Roanoke County Charter. BE IT ORDAINED by the Board of Supervisors of Roanoke Count Virginia, as follows: y' 1• That the following appropriations are hereby made from the respective funds for the period beginning July 1, 1992, and endin June 30, 1993 g for the functions and purposes indicated• RBVBNUBS: -- GBNBRAL FUND GBNBRAL GOYBRNNBNT :10,107 832 YOOTH HAVBN II , 352 552 LAM LIBBAAT , RBCRBATION PBB CLASS 30,000 INTERNAL SBRYICBS 452,848 GARAGE II 1,222,521 232,218 TOTAL GBNBRAL FUND •12,991,971 DBBT FUND 7,929,491 CAPITAL FUND 439,160 May 26, 1992 CONSTITUTIONAL OFFICBRS TBBASURBR COMMONVBALTR ATTORNEY 314,455 333 200 139,201 0 11,373 411,029 VICTIM/fIITNBSS , 0 11,290 ~ 0 0 350,490 COMMISSIONBR OF TNB RBYBNUB 6,000 0 0 6,000 ADMINISTRATION RBAL BSTATB 62,883 4,925 0 0 61 808 PBRSONAL PROPBRTY 69,651 116,228 4,800 49 875 0 0 , 14,451 BUSINBSS LICBHSB CLBRt OF TNB CIRCUIT COURT 101,838 ' 8,910 0 0 0 0 226,103 116,808 PUBLIC RECORDS MICROFILM 310,058 49,918 2,000 0 421 916 SHHRIFF S OFFICB 24,207 34,693 0 0 ' 58,900 ADMINISTRATION CIVIL DIVISION 156,383 33,015 1! 000 0 203 458 CARB i CONFINBMBNT OF PRISONBRS 616,021 1,825,258 51,.995 385 916 26 000 ~ 0 , 160,016 , ------- 0 ------ 0 2,211,114 l,116,182 192,658 ------- 42,000 -------- 11,313 4,968,213 JUDICIAL ADMINISTRATION CIRCUIT COURT GBNBRAL DISTRICT COURT 0 81,203 0 0 81 203 NAGISTRATB 0 0 21,183 0 .0 , 21,183 J 1 0 COURT COURT SBRYICB UNIT 0 884 9,158 0 150 0 0 884 9 908 - ---------0- 51,680 - 0 -------- 0 , 51,680 0 164,108 ---- 150 --------- 0 - ---16{,858 PBRSONNBL - --------- - OPBRATIRG ------------ CAPITAL ---------- -- TRANSFBRS ------------ TOTAL ANAGBNBNT SBRVICBS - ------------ ---- -------- ------------ ------------ _ COUNTY ASSBSSOR ADMINISTRATION 209,065 39,864 RBASSBSSMBNT 362,115 34,925 2 853 0 248,929 BOARD OF BQUILIZATION 0 0 , 0 400,553 FINANCIAL PLANNING 0 0 0 CBNTRAL ACCOUNTING 311,196 15,446 0 PAYROLL 111,019 14,421 0 0 393,242 PUBLIC TRANSPOBTATION 0 10 200 0 125,440 MANAGBMBNT AND 9UDGBT 88,213 , 11 341 0 0 0 10,200 RISd MANAGBMBNT 81,345 , 1,011,900 0 0 105,554 PROCURBMBNT SBRVICBS 208,116 24 812 0 1,099,245 ------------- , ------------ _~ -------- 0 233,088 1.318.329 1.295.06? _ - 2.853 ---------- 0-- -2 67fi 251 May 26, 1992 3' 2 HUBAH SBRYICBS GROUNDS HAINTBHANCB GROUNDS NAINTBHAHCB STRBBT SIGHS PARLS AHD RBCRBATIOH COMMUNITY BDUCATIOH LBISURB ACTIYITIBS OUTDOOR ADVBNTURB SBNIOR CITIZBHS SPBCIAL BYBHTS iHBRAPBUTICS ADULT ATHLBTICS iOUTH ATRLBTICS ADMINISTRATION PUBLIC HBALTH SOCIAL SBYICBS ADMINISTRATION PUBLIC ASSISTAHCB INSTITUTIONAL CARB SOCIAL SHRYICB ORGANIZATIONS CONTRIBUTIONS SVC ORGANIZATIONS CONTaIBOTIOHS CULTURAL ORGS LIB1UIRi ADMINISTRATION RBSBARCH AND CIRCULATION AUtOMATIOH JOINT HOTBTOURTJRIB CNTi LIB B1;iBNSION L CONTINUING BDUCATIOH BLBCTIONS tBGISTAATIOH BLBCTIONS ANIMAL CONTROL HON-DBPARTMBNTAL BMPLOi6B HBNBFITS MISCBLLANBOUS 626,425 365,667 0 0 992,092 0 3,990 0 0 3,990 69,135 960 0 0 70,085 88,459 950 0 0 89,409 51,149 2,258 0 0 53,401 87,917 3,325 0 0 91,242 52,864 3,925 - 0 ~~ 0 56,189 81,253 19,456 0 0 100,109 60,832 950 0 0 61,182 1!9,943 9,500 0 0 159,443 142,178 90,142 0 0 233,520 0 376,652 0 0 .376,652 1,655,933 215,679 6,150 0 1,811,T62 0 1,006,850 0 0 1,006,850 0 20,000 0 0 20,000 0 119,332 0 0 119,332 0 45,553 0 0 45,553 0 30,000 0 0 30,000 134,385 1,210 0 0 135,595 650,474 265,063 0 0 915,531 0 63,361 0 0 63,361 0 21,600 0 0 21,600 0 121,919 0 0 121,919 99,166 2!,404 5,400 0 128,910 23,220 11,949 0 ~ 0 41,219 122,088 -------- 42,398 ------------- 15,000 --------- 0 119,486 4,096,021 2,819,134 ------ 26,550 -------- 0 ----------- 7,002,305 ------------------------------------------------------- PBRSONNBL OPBRATIHG CAPITAL TRANSBBRS TOTAL 1,165,684 0 0 0 1,165,684 o asl,soo 0 o asl,5oo 1,165,sa4 asl,soo 0 0 2,023,194 May 26, 1992 INTBRNAL SBRYICBS NANAGBNBHT INPORNATION STSTBNS ADNINISTRATIOH ' 156,165 11,300 p 0 OPBRATIONS • DBVBLOPNBHT 84,503 192,800 12,875 91,201 168,065 381 385 COHNUNICATIONS 246,541 208,811 5,750 115 128 2,850 21 0 , 255,141 ------------ , ----- ,391 0 411,930 TOTA6 INTERNAL S6flYICBS 696,626 385 S1fl --~--- 13,116 91,20T ----'-- 1 222 521 GARAGE II 202,440 29 118 0 0 232,218 TOTAL GBNBRAL PUND 20,923,082 ------ 10,351,184 ---------- 541,151 --------- ------------ 41,115,960 ------------ ------------ ?2,991,97T ------------ DEBT FUND 0 1,929,491 0 0 1,929,491 CAPITAL FUND 0 0 439,760 0 439,760 YATBR FUND YATBR OPBRATIONS 1991 YATBR RBYBNUB 80NDS 548,848 3,680,010 118,010 1,636,814 5,983,802 YATBR RBPAIR AHD RBPLACBNBNT 0 0 121,453 p 0 127,453 RATB STABILIZATION 0 0 350,000 0 350,000 YATBR SURPLUS 0 309,414 0 0 309,414 191 684 0 0 191,58! TOTAL YATBR FUND 648,848 ---- 4,914,521 ------------ 468,010 ------------ 1,636,814 ------------ 1,568,253 SBYBR PUND SBYBR OPERATIONS SBYBR OFFSITB FACILITIES 197,074 2,493,949 46,400 12,339 3,409 162 0 ------------ 0 ------ 0 116,394 , 116,394 TOTAL SBYBR FUND ---197,074 - -- ------ - 2,493,949 ---- ----------- 46,400 -------- ---- 188,733 ------------ 3,626,156 TAL COUNTY FUNDS 22,269,004 -------- 25,689,715 ----- 1,501,321 ---------- 43,OU1,561 ------------- 92,461,631 ----------- SCROOL FUNDS OPBRATING FUND CAFBTBRIA FUND 66,106,683 GRANT FUND 2,861,310 TBtT800[ FUND 2,125,611 CAPITAL FUND 532,858 61,500 TOTAL SCR006 FUNDS 11,694,082 TOTAL BXPBNDITURES ALL FUNDS 164,155,119 X14 May 26, 1992 ?. Ordinance Authorizinc the Reconvevance of a 0 470 Acre Tract of Real Estate More or Less Located in the Southwest Industrial Park. (Paul Mahoney, County Attornev) 0-52692-13 There was no discussion. Supervisor Nickens moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None ORDINANCE 52692-13 AIITHORIZING THE RECONVEYANCE OF A 0.470 ACRE TRACT OF REAL ESTATE, MORE OR LESS, LOCATED IN THE SOIITHWEST INDIISTRIAL PARR WHEREAS, pursuant to an Agreement dated August 4, 1986, by and between D. J. Higginbotham, Harriet H. Higginbotham, David D. Higginbotham, Rita Higginbotham, Paul R. Higginbotham, Martha Higginbotham, Ronald Higginbotham, Ella Higginbotham, John Higginbotham, Shelly Higginbotham, Gerald J. Higginbotham, Doris Higginbotham, ("Higginbothams") and Corrugated Container Corporation and the Board of Supervisors of Roanoke County a 16.21 acre tract of real estate was conveyed to Roanoke County in order that the County could market this real estate as an industrial park (Southwest Industrial Park); and WHEREAS, said Agreement provided for termination of the Agreement and reconveyance of any unsold property back to the Higginbothams and Corrugated Container; and WHEREAS, the term of the Agreement has expired and one parcel of land, consisting of 0.470 acre, remains unsold; and May 26, 1992 WHEREAS, the Higginbothams and Corrugated Container have requested reconveyance of said parcel. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of § 18.04 of the Roanoke County Charter, the acquisition and disposition of real estate can be authorized only by ordinance. A first reading of this ordinance was held on May 12, 1992; a second reading was held on May 26, 1992; and 2. That the conditions of the Agreement with the Higginbothams and Corrugated Container render the subject property unacceptable and unavailable for other public uses, and therefore, pursuant to the provisions of § 16.01 of the Charter of Roanoke County, the subject parcel of real estate is hereby declared to be surplus; and 3. That pursuant to the provisions of the above-referenced Agreement dated August 4, 1986, by and between the Higginbothams and Corrugated Container Corporation and the Board of Supervisors of Roanoke County, Virginia, the reconveyance of the remaining 0.470 acre parcel of real estate identified as "New Tract III-B4 - 0.470 Acres" on a plat entitled "Survey of land for the Roanoke County Board of Supervisors of New Tract III-2" dated June 19, 1989, of record in the Circuit Court Clerk's Office in Plat Book 11 at page 188, be, and hereby is approved; and 4. That this reconveyance is subject to the reservation of all recorded easements as shown of the above-referenced plat; and 5. That the County Administrator is authorized to execute such documents and take such actions on behalf of Roanoke County as are May 26, 1992 .j Supervisor Johnson moved to approve the Consent Agenda. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None RESOLIITION 52692-14 APPROVING AND CONCIIRRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SIIPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM L - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. that the certain section of the agenda of the Board of Supervisors for May 26, 1992, designated as Item L - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 6, inclusive, as follows: 1. Acceptance of Sanitary Sewer Facilities Serving Double C Subdivision. 2. Confirmation of Committee Appointments to the Fifth Planning District Commission and Total Action Against Poverty Board of Directors. 3. Request for Acceptance of the Extension of Edgebrook Road into the Virginia Department of Transportation Secondary System. 4. Acceptance of portions of Cavalier Drive, Sulgrave Road, Trinity Court and Wimbledon Court into the Virginia Department of Transportation Secondary System. 5. Acceptance of portions of Crossbow Circle, Chukar Drive, Archer Drive, Red Stag road and Elk Hill Drive into the Virginia Department of Transportation Secondary System. 6. Adoption of Resolution of Abandonment of Route 634, Hardy Road, in the Town of Vinton. 2. That the Clerk to the Board is hereby authorized and May 26, 1992 'Z" said maps no report from a Board of Viewers, nor consent or donation of right-of-way from the abutting property owners is necessary. The Board hereby guarantees said drainage easements and a right-of-way for the street. 3. That said road known as the Extension of Edgebrook Road and which is shown on a certain sketch accompanying this Resolution, be, and the same is hereby established as a public road to become a part of the State Secondary System of Highways in Roanoke County, only from and after notification of official acceptance of said street or highway by the Virginia Department of Transportation. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy, NAYS: None RESOLIITION 52692-14.f ABANDONING A PORTION OF STATE SECONDARY ROIITE 634 (HARDY ROAD) LOCATED IN THE TOWN OF VINTON IN ACCORDANCE WITH THE PROVISIONS OF SECTION 33.1-155 OF THE STATE CODE WHEREAS, State Secondary 634 from the eastern corporate limits of the Town of Vinton to State Route 654, a distance of 2.25 miles, has been altered and a new road has been constructed and approved by the State Transportation Commissioner, which new road serves the same citizens as the road so altered; and WHEREAS, certain sections of this new road follow new locations, these being shown on the attached sketch titled "Changes in Secondary System Due to Relocation and Construction on Route 634, Project 0634- 080-110,0501 dated at Richmond, Virginia, November 28, 1961." May 26, 1992 .~ L 2. Capital Fund IIna~propriated Balance 3. Board Continaencv Fund 4. Accounts Paid - April 1992 5. Statement of Revenues and Expenditures as of Aril 30, 1992. IN RE: RECESS Chairman Eddy declared a recess at 4:20 p.m. IN RE: RECONVENEMENT Chairman Eddy reconvened the meeting at 4:30 p.m. IN RE: WORR SESSION 1. Proposed Bond Referendum Mr. Hodge presented a map showing where all of the bond projects are located. He asked for support from the Board on going forward with a promotional program. Mr. Hodae suclcrestPC~ a tr,,,r „f the projects after the special meeting on June 2. The Board reviewed Supervisor Eddy's memorandum regarding the payments of the bond and other questions. Supervisor Eddy asked School Superintendent Bayes Wilson about the reliability of the cost estimates for school renovations. There was Board consensus that Dr. Wilson should get more detailed cost estimates and bring them back to the Board. Supervisor Eddy also questioned using bond money for Virginia Department of Transportation revenue sharing, however the majority of the Board supported the use of bond money for this purpose. Supervisor Eddy supported additional money in the bond for parks and recreation and there was Board consensus to increase the May 26, 1992 ~ , U WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such executive meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy, NAYS: None IN RE: PIIBLIC HEARING AND SECOND READING OF ORDINANCES 1. AII Ordinance to Rezone Approximately 3 Acres from A 1 to M-2 to Operate a Machine Shoo, Located at 6095 Newyort Road, Catawba Macisterial District, Unon the May 26, 1992 32s BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing 3 acres, more or less, as described herein, and located at 6095 Newport Road, (Tax Map Number 13.00-1-53 and a portion of Tax Map No. 13.00-1-52) in the Catawba Magisterial District, is hereby changed from the zoning classification of A-1, Agricultural District, to the zoning classification of M-2, General Industrial District. 2. That this action is taken upon the application of Bobby L. Hodges. 3. That the owner has voluntarily proffered in writing the following conditions which the Board of Supervisors hereby accepts: a. To be used for machine shop only. b. Building to consist of a maximum of 3,000 sq, ft. c. No outside storage of materials or machinery. d. Land will be increased to a total of three acres prior to obtaining a business license. e. Building and land will be kept clean and neat. f. All metal chips will be recycled. 4. That said real estate is more fully described as follows: STARTING at a point in the center of Virginia Secondary Highway Route 624, which point is the northeasterly corner of that certain 77.2 acres which was conveyed to Bobby L. Hodges, et ux. by Paul F. Sirry, et ux.; thence with the center of Route 624 S. 44 deg. 00' W. 381.15 feet to a point; thence S. 47 deg. 00' W. 371.25 feet to a point; thence S. 30 deg. 00' W. 304.75 feet to a point opposite a 12" poplar which is on the easterly side of Route 624; thence N. 44 deg. 32' W. 160 feet to the Actual Point of May 26, 1992 330 Hicks, attorney for the petitioner, was present. Supervisor Johnson asked if the owners of the adjoining property zoned for manufacturing were advised of how this rezoning would affect their property. Mr. Hartley advised they received letters advising them of the proposed rezoning. Supervisor Johnson asked staff to make sure that adjoining property owners were aware of any potential impact. Supervisor Eddy moved to approve the rezoning and ordinance. The motion carried by the following recorded vote: AYES: Supervisors Kohinke, Minnix, Nickens, Eddy NAYS: None PRESENT: Supervisor Johnson ORDINANCE 52692-17 TO CHANGE THE ZONING CLASSIFICATION OF A 7.864-ACRE TRACT OF REAL ESTATE LOCATED ON CARL03 DRIVE (TAB MAP NO. 39.01- 1-3; 3.1; 3.2; 3.3; 3.4) IN THE HOLLINS MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF A-1 AND M-2 TO THE ZONING CLASSIFICATION OF R-E UPON THE APPLICATION OF JAMES S. BOLLING WHEREAS, the first reading of this ordinance was held on April 28, 1992, and the second reading and public hearing was held. May 26, 1992; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on May 5, 1992; and, WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, May 26, 1992 29.27 feet from an iron pin located in the centerline of Va. Sec. Rte. 616 (Carlos Drive), 319.11 feet and 425.48 feet; and containing 7.864 acres; all as more particularly shown on a plat of survey made by T. P. Parker & Son, Engineers- Surveyors-Planners, dated October 7, 1991, and recorded in the Clerk's Office of the Circuit Court for the County of Roanoke, VA, in Plat Book 13, page 161. 4. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. On motion of Supervisor Eddy to adopt the ordinance, and carried by the following recorded vote: AYES: NAYS: PRESENT: Supervisors Kohinke, Minnix, Nickens, Eddy None Supervisor Johnson 3. An Ordinance to Rezone 0.83 Acres from B-2 and B-3 to B-2 to Overate a Dental Clinic and Permit General Business Uses, Located in the 6100 Block of Peters Creek Road ,_ Catawba Magisterial District, Upon the Petition of Steve Waldrop 0-52692-18 Mr. Hartley reported that the petitioner is requesting the rezoning and the removal of conditions on the remainder of the parcel to permit general business use. The property was previously rezoned in December 1987 with a concept plan indicating specific B-1, B-2 and B-3 uses proffered. The petitioner wishes to remove the B-2 and B-3 site May 26, 1992 ~J Commercial District, to the zoning classification of B-2, General Commercial District. 2. That this action is taken upon the application of Steve Waldrop. 3. That the owner (Cube Venture Real Estate Company) has voluntarily proffered in writing the following conditions which the Board of Supervisors hereby accepts: a. Uses permitted by B-2 zoning shall exclude convenience stores. b. Exterior lighting pole height, if erected, will be limited to 14 feet and lighting shall be directed into the lot. 4. That said real estate is more fully described as follows: Parcel I - 0.444-acre tract of land to be known as "Tract B- 2-A, Dr. Davis Division" being a portion of the property conveyed to Lube Ventures Real Estate Company, L.P. by deed of record in Deed Book 1314, page 103 in the Roanoke County Circuit Court Clerk's Office. Said 0.444-acre tract being more particularly described as follows: BEGINNING in the north right-of-way of Peters Creek Road (Va. State Route 117) and the most southern corner of a tract of land conveyed to Jones Investment Ventures in Deed Book 1317, page 1085 of the Roanoke County deed records; thence with said Peters Creek Road S. 33 deg. 14' 30" W. 120.00 feet to an iron pin set; thence N. 53 deg. 05' 28" W. 165.27 feet to an iron pin set; thence N. 37 deg. 00' 00" E. 120.00 feet to an iron pin found at the western corner of said Jones tract; thence with the south line of said Jones tract S. 53 deg. 00' 04" E. 157.48 feet to the Point of Beginning, and containing 0.444 acre as surveyed by Balzer and Associates, Inc. on February 3, 1992. Parcel II - 0.385-acre tract of land to be known as "Tract B-2-B, Dr. Davis Division" being a portion of the property conveyed to Lube Ventures Real Estate Company, L.P. by deed of record in Deed Book 1314, page 103 of the Roanoke County deed records, said 0.385-acre tract being more particularly described as follows: BEGINNING in the north right-of-way of Peters Creek Road (Va. State Route 117) and the centerline of the vacated Jones Road by deed found in Deed Book 1280, page 967; thence along the said centerline N. 56 May 26, 1992 33~ ORDINANCE 52692-19 TO INCREASE THE SALARIES OF THE MEMBERS OF THE BOARD OF SIIPERVISORS OF ROANORE COIINTY PIIRSIIANT TO SECTION 3.07 OF THE ROANORE COIINTY CHARTER AND SECTION 14.1-46.01:1 OF THE CODE OF VIRGINIA WHEREAS, Section 3.07 of the Charter of the County of Roanoke provides for the compensation of members of the Board of Supervisors and the procedure for increasing their salaries; and WHEREAS, Section 14.1-46.01:1 of the 1950 Code of Virginia, as amended, establishes the annual salaries of members of boards of supervisors within certain population brackets; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, has heretofore established the annual salaries of Board members to be $9,245 by Ordinance 61290-9 and further has established the additional annual compensation for the chairman for the Board to be $1,800 and for the vice-chairman of the Board to be $1,200; and WHEREAS, this section provides that the maximum annual salaries therein provided may be adjusted in any year by an inflation factor not to exceed five (5~) percent; and WHEREAS, a public hearing on the establishment of these salaries will be held on May 26, 1992; and WHEREAS, the first reading on this ordinance was held on May 12, 1992; the second reading was held on May 26, 1992. NOW, THEREFORE, it is hereby ORDAINED by the Board of Supervisors of Roanoke County, Virginia, that the annual salaries of members of the Board of Supervisors of Roanoke County, Virginia, are hereby increased by an inflation factor of three (3~) percent pursuant to the provisions of Section 3.07 of the Roanoke County Charter and Section May 26, 1992 33~ 1992 at 8:00 a.m. for a special meeting regarding the Roanoke Valley Resource Authority Member Use Agreement. The motion carried by a unanimous voice vote. Lee B. Eddy, Chairman June 2, 1992 33y Roanoke County Board of Supervisors Roanoke County Administration Center 3738 Brambleton Avenue S. W. Roanoke, Virginia 24018 June 2, 1992 The Roanoke County Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the first Tuesday, and an adjourned meeting continued from May 26, 1992. IN RE: CALL TO ORDER Chairman Eddy called the meeting to order at 8:05 a.m. The roll call was taken. MEMBERS PRESENT: Chairman Lee B. Eddy, Vice Chairman Edward G. Kohinke, Supervisors Bob L. Johnson, H. Odell Minnix MEMBERS ABSENT: Supervisor Harry C. Nickens STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Mary H. Allen, Clerk to the Board; Anne Marie Green, Information Officer IN RE: NEW BIISINE88 s A~~roval of Avreements and Acknowledgement of the Issuance of Solid Waste System Bonds for the June 2, 1992 ~} ~ Virginia Water and Sewer Authorities Act, Chapter 28, Title 15.1, Code of Virginia of 1950, as amended ("Act") and has entered into the Roanoke Valley Resource Authority Members Use Agreement, dated as of October 23, 1991 ("Members Use Agreement") among the Roanoke County Resource Authority (as predecessor to the Authority), the County, the City of Roanoke, Virginia ("City") and the Town of Vinton, Virginia ("Town"). The Authority proposes to issue its Solid Waste System Revenue Bonds, Series 1992 ("Bonds") in an amount not to exceed $40 million to finance the cost of acquiring, constructing and equipping a sanitary landfill, transfer station and related facilities to provide a regional solid waste disposal system for members of the Authority ("Project"). To facilitate the sale of the Bonds, the parties to the Members Use Agreement desire to amend certain of its terms by executing a First Amendment to Roanoke Valley Resource Authority Members Use Agreement dated as of June 1, 1992 (the "First Amendment"). NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA: 1. AD~roval of Agreements. The Board of Supervisors hereby approves the First Amendment and approves and ratifies the Members Use Agreement, the Assignment Agreement, dated as of October 23, 1991, among the Roanoke Valley Regional Solid Waste Management Board, the Roanoke County Resource Authority (as predecessor to the Authority), the City, the Town and the County, and the Distribution June 2, 1992 operations of the County. 4. Further Actions. The County Administrator and such officers and agents as he may designate are authorized and directed to execute and deliver the First Amendment with such modifications as they deem necessary or appropriate to facilitate the sale of the Bonds, and such officers are further authorized to prepare, executed and deliver any and all instruments, certificates and other documents and to take such action as they deem appropriate to carry out the purposes of this Resolution and any such action previously taken is hereby ratified and confirmed. 5. Effective Date. This Resolution shall take effect immediately. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Eddy NAYS: None ABSENT: Supervisors Nickens IN RE: ADJOURNMENT Following a tour of the proposed bond projects, the meeting was adjourned at 1:00 p.m. Lee B. Eddy, Chairman June 9, 1992 3 4 Roanoke County Board of Supervisors Roanoke County Administration Center 3738 Brambleton Avenue, S.W. Roanoke, Virginia 24018 June 9, 1992 The Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the second Tuesday, and the first regularly scheduled meeting of the month of June, 1992. IN RE: CALL TO ORDER Chairman Eddy called the meeting to order at 3:03 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Lee B. Eddy, Vice Chairman Edward G. Kohinke, Sr., Supervisors Bob L. Johnson (Arrived 3:07 p.m.), H. Odell "Fuzzy" Minnix, Harry C. Nickens (Arrived 3:07 p.m.) MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Mary H. Allen, Clerk; John M. Chambliss, Assistant County Administrator; Don M. Myers, Assistant County Administrator; Anne Marie Green, Information Officer IN RE: OPENING CEREMONIES The invocation was given by Mr. John Chambliss, Assistant County Administrator. The Pledge of Allegiance was recited by all June 9, 1992 h ITSELF FROM THE PROCEEDS OF SIICH BONDS FOR CERTAIN E%PENDITIIRES WHEREAS, the Roanoke County School Board and the Board of Supervisors ("Board") of the County of Roanoke, Virginia ("County") have determined that it is advisable to contract a debt and issue general obligation bonds of the County in an amount not to exceed $1,830,000 to finance certain capital improvements for public school purposes ("Bonds") and to sell the Bonds to the Virginia Public School Authority ("VPSA"); NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA: 1. The County Administrator is authorized and directed to submit an application or applications to the VPSA in order to sell the Bonds to the VPSA at the Fall 1992 VPSA bond financing or such subsequent VPSA bond financing as the County Administrator may determine to be in the best interest of the County. 2. The County adopts this declaration of official intent under Treasury Regulations Section 1.103-18. 3. The Board reasonably expects to reimburse advances made or to be made by the County to pay the costs of certain capital projects for school purposes, including roof replacements and possibly other school renovations and improvements, from the proceeds of its debt or other financing. The maximum amount of debt or other f financing expected to be issued or reimburse such expenditures is $500,000. 34~ June 9, 1992 3. Request from the Sheriff for 534,000 AuDroUriation to be Reimbursed by the State Compensation Board. (Gerald Holt, Sheriff) A-6992-2 Sheriff Holt was present to answer questions. Supervisor Kohinke moved to approve the appropriation. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None IN RE: REQIIESTS FOR WORK SESSIONS 1. Request for Work Session on Private Sector Sanitarv Sewer Evaluation/Rehabilitation Program Chairman Eddy set a work session for July 14, 1992. IN RE: FIRST READING OF ORDINANCES 1. Ordinance amending the Roanoke County Code by amending Section 12-8, Adoption of State Law, of Article I of Chanter 12, Motor Vehicles and Traffic of the Roanoke County Code. (Paul Mahoney, County Attorney) There was no discussion. Supervisor Nickens moved to approve the first reading. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy June 9, 1992 ~~o the second reading was held on June 9, 1992. NOW, THEREFORE, be it ordained by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the acquisition and acceptance of a 20-foot wide permanent sanitary sewer easement from George Hughes and Gertrude Hughes for a sum not to exceed $100.00 is hereby authorized and approved; and 2. That the consideration of $100.00 shall be paid from the funds previously appropriated by the Board of Supervisors to the Utility Department budget for the Hollins Community Project; and 3. That the County Administrator is hereby authorized to execute such documents and take such actions as may be necessary to accomplish this acquisition, all of which shall be on form approved by the County Attorney. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None IN RE: APPOINTMENTS 1. Social Services Board Supervisor Nickens advised that he will discuss with Betty Jo Anthony whether or not she would like to be reappointed. If she does not wish to be reappointed, the Social Services Board will make a recommendation to the Board of Supervisors. June 9, 1992 352 items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None IN RE: REPORTS AND INQIIIRIES OF BOARD MEMBERS Supervisor Nickens: (1) He asked that the Procurement Department get Requests for Proposals to hire a consultant to investigate the costs for lighting park fields, and the potential payback if the lighting systems were changed. (2) He asked about an audit of machinery and tools tax. Supervisor Eddy asked Mr. Hodge to meet with staff and bring back a report on June 14, 1992. (3) In connection with the memo on staff achievement, he advised that he has a great deal of respect for staff and felt the Board needs to convey to staff their genuine appreciation. (4) He announced that Roanoke Stars 13 and Under are going to a national championship in July and need a raffle permit raise funds for the trip. He asked that the Board approve the permit contingent upon receipt of the fee and approval by the Commissioner of the Revenue. (5) He encouraged staff to look into getting private funds for the DARE Program. A-6992-4 Supervisor Nickens moved to approve a raffle permit for the Roanoke Stars 13 and Under, subject to the payment of the fee ,. r June 9, 1992 ~5 4 and 6. The motion carried by a unanimous voice vote. 1. General Fund IInappro priated Balance 2. Capital Fund IInappro priated Balance 3. Board Continc Tencv Fund 4. Turnover Audits for the Sheriff's Department and the Clerk of Circuit Court 5. Status Report on Space Needs Study Supervisor Eddy inquired about the cost-benefit ratio of satellite operations. Supervisor Nickens requested that a more detailed study be conducted. Mr. Hodge advised that a consultant will be hired, and a report brought back to the Board within 90 to 120 days. 6. Solid Waste Plan 7. Status Report on Compliance with the Americans with Disabilities Act 8. Proclamations Signed by the Chairman IN RE: RECESS At 4:10 p.m. Chairman Eddy declared a recess. IN RE: RECONDENEMENT At 4:24 p.m., Chairman Eddy reconvened the meeting. IN RE: WORK SESSION 1. Proposed Bond Referendum Mr. Hodge reported that staff is proposing not to increase the total value of the bond issue, but to reduce the amount June 9, 1992 ~5 ~ 1992 to prepare the zoning ordinance. Supervisor Eddy asked if Special Uses must be approved by the Board of Supervisors. Mr. Harrington responded in the affirmative but advised that this action will eliminate many rezoning requests and will allow the Board to set conditions to a Special Use Permit rather than proffer rezonings. Special Use Permits will also minimize conditional zoning. Mr. Harrington explained that lot sizes were determined in rural areas in terms of health and safety and as a growth management tool. He further advised that over 80$ of the changes requested by the Homebuilders Associations were included in the zoning ordinance. Zn response to a question from Supervisor Kohinke, he advised that package treatment plants were not addressed in the ordinance, but the staff would explore the issue and bring back a report. Steve Strauss with the Homebuilders Association was present. He expressed concern about adopting the ordinance before the maps are prepared, and advised that they still did not agree with the lot sizes in the proposed zoning ordinance. Ray Scher, a citizen, was also present. He stated he felt the staff and Planning Commission had worked hard to satisfy concerns of the Homebuilders and hoped that the Board would adopt the ordinance as prepared by the Planning staff. Mr. Harrington presented a schedule to the Board and advised that the first reading of the Zoning ordinance will be held on June 23, 1992. June 9, 1992 WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such executive meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None IN RE: ADJOIIRNMENT At 9:16 p.m., Supervisor Nickens moved to adjourn. The motion carried by a unanimous voice vote. Lee B. Eddy, Chairman --~-- , , ~_ ~ ~,~ AT A REGIILAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 14, 1992 RESOLUTION 71492-12.a REQUESTING ACCEPTANCE OF ASHBURY COURT, ASHBURY DRIVE AND GREENMONT COURT INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY ROAD SYSTEM BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That this matter came this day to be heard upon the proceedings herein, and upon the application of Ashbury Court from the intersection of West Ruritan Road (Route 610) to the cul-de- sac, Ashbury Drive from the intersection of Ashbury Court to the cul-de-sac and Greenmont Court from the intersection of Ashbury Drive to the cul-de-sac to be accepted and made a part of the Secondary System of State Highways under Section 33.1-229 of the Virginia State Code. 2. That it appears to the Board that drainage easements and a fifty (50) foot right-of-way for said roads have heretofore been dedicated by virtue of a certain map known as The Meadows of Trent, Subdivision which map was recorded in Plat Book 11, Page 133, of the records of the Clerk's Office of the Circuit Court of Roanoke County, Virginia, on April 6, 1989 and that by reason of the recordation of said map no report from a Board of Viewers, nor consent or donation of right-of-way from the abutting property owners is necessary. The Board hereby guarantees said drainage easements and rights-of-way for the streets. 3. That said roads known as Ashbury Court, Ashbury Drive and Greenmont Court and which is shown on a certain sketch accompanying this Resolution, be, and the same are hereby established as public roads to become a part of the State Secondary System of Highways in Roanoke County, only from and after notification of official acceptance of said street or highway by the Virginia Department of Transportation. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None A COPY TESTE: %~Y)~, ~, Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Arnold Covey, Director, Engineering & Inspections copy for Virginia Department of Transportation ITEM NUMBER ~"' o~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: July 14, 1992 SUBJECT: Acceptance of Ashbury Court, Ashbury Drive and Greenmont Court into the Virginia Department of Transportation Secondary System. COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Boone, Boone & Loeb, Inc., the developer of The Meadows of Trent, requests that the Board of Supervisors approve a resolution to the Virginia Department of Transportation requesting that they accept 0.09 miles of Ashbury Court, 0.20 miles Ashbury Drive and 0.07 miles of Greenmont Court. The staff has inspected these roads along with representatives of the Virginia Department of Transportation and finds the roads are acceptable. FISCAL IMPACT: No county funding is required. RECOMMENDATIONS: The staff recommends that the Board approve a resolution to VDOT requesting that they accept Ashbury Court, Ashbury Drive and Greenmont Court into the Secondary Road System. STa~IITTED BY : ~ APPROVED Arnold Covey, Director of Engineering & Inspec ions Elmer C. Hodge County Administrator --------------------------------------------------------------- ACTION VOTE Approved ( ) Motion by: No Yes Abs Denied ( ) Received ( ) Referred to Eddy Johnson Kohinke Minnix Nickens P i ~-a NORTH ~ ., . • ,~ ~, ,~ ~ ~. .. •~ .. •., ~ ~ ' +1- . • s ~ b t a~" 1 ~~ / ~ ~ V .,~ ~t 0 ~~1, ~ y `y,~ • ~ , e I ; fi ~ +~ I '~ O ! b ~ • .,a, ~ .ry, i • ~ti ~ I ~ t_. ~ F r ~ IMF ~ ' wta ? ;~ Y ~~~~ nw '4 ~~ ti ~ NM ~ • +~ ~ ; 4t + b I i a PROPOSED ADDITION SHOWN IN GRAY DESCRIPTION: 1) Ashbury Court from the intersection of West Ruritan Road (Route 610) to the cul-de-sac. 2) Ashbury Drive from the intersection of Ashbury Court to the cul-de-sac. 3) Greenmont Court from the intersection of Ashbury Drive to the cul-de-sac. LENGTH: (1) 0.09 miles (2) 0.20 miles (3) 0.07 miles RIGHT OF WAY: (1) 50 feet (2) 50 feet (3) 50 feet ROADWAY WIDTH: (1) 30 feet (2) 30 feet (3) 30 feet SURFACE WIDTH: (1) 26 feet (2) 26 feet (3) 26 feet SERVICE: (1) 3 homes (2) 16 homes (3) 9 homes ROANOKE COUNTY ACCEPTANCE OF ASHBURY COURT, ASHBURY DRIVE AND ENGINEERING ~ GREENMONT COURT INTO THE VIRGINIA DEPARTMENT OF INSPECTIONS DEPARTMENT TRANSPORTATION SECONDARY SYSTEM 2 S-a AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER ON TUESDAY, JIILY 14, 1992 RESOLUTION REQUESTING ACCEPTANCE OF ASHBURY COURT, ASHBURY DRIVE AND GREENMONT COURT INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY ROAD SYSTEM BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That this matter came this day to be heard upon the proceedings herein, and upon the application of Ashbury Court from the intersection of West Ruritan Road (Route 610) to the cul-de- sac, Ashbury Drive from the intersection of Ashbury Court to the cul-de-sac and Greenmont Court from the intersection of Ashbury Drive to the cul-de-sac to be accepted and made a part of the Secondary System of State Highways under Section 33.1-229 of the Virginia State Code. 2. That it appears to the Board that drainage easements and a fifty (50) foot right-of-way for said roads have heretofore been dedicated by virtue of a certain map known as The Meadows of Trent, Subdivision which map was recorded in Plat Book 11, Page 133, of the records of the Clerk's Office of the Circuit Court of Roanoke County, Virginia, on April 6, 1989 and that by reason of the recordation of said map no report from a Board of Viewers, nor consent or donation of right-of-way from the abutting property owners is necessary. The Board hereby guarantees said drainage easements and rights-of-way for the streets. 3. That said roads known as Ashbury Court, Ashbury Drive and Greenmont Court and which is shown on a certain sketch accompanying 3 S~ this Resolution, be, and the same are hereby established as public roads to become a part of the State Secondary System of Highways in Roanoke County, only from and after notification of official acceptance of said street or highway by the Virginia Department of Transportation. 4 _ ?~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 14, 1992 RESOLUTION 71492-12.b REQIIESTING ACCEPTANCE OF MILLBRIDGE ROAD INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY ROAD SYSTEM BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That this matter came this day to be heard upon the proceedings herein, and upon the application of Millbridge Road (Route 1168) from the intersection of Millwheel Drive (Route 1167 to the cul-de-sac) to the cul-de-sac to be accepted and made a part of the Secondary System of State Highways under Section 33.1-229 of the Virginia State Code. 2. That it appears to the Board that drainage easements and a fifty (50) foot right-of-way for said road have heretofore been dedicated by virtue of a certain map known as Woodbridge, Section 2, Subdivision which map was recorded in Plat Book 9, Page 310, and Plat Book 12, Page 84 of the records of the Clerk's Office of the Circuit Court of Roanoke County, Virginia, on December 17, 1989 and March 2, 1990 and that by reason of the recordation of said map no report from a Board of Viewers, nor consent or donation of right- of-way from the abutting property owners is necessary. The Board hereby guarantees said drainage easements and a right-of-way for the street. 3. That said road known as Millbridge Road and which is shown on a certain sketch accompanying this Resolution, be, and the same is hereby established as a public road to become a part of the t ti State Secondary System of Highways in Roanoke County, only from and after notification of official acceptance of said street or highway by the Virginia Department of Transportation. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None A COPY TESTE: Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Arnold Covey, Director, Engineering & Inspections copy for Virginia Department of Transportation ~f NORTH PROPOSED ADDITION SHOWN IN GRAY DESCRIPTION: 1) Millbridge Road (Route 1168) from the intersection of Millwheel Drive (Route 1167) to the cul-de-sac. Length: (1) 0.27 miles Right of Way: (1) 50 feet Roadway Width:(1) 38 feet Surface Width:(1) 32 feet Service: (1) 24 homes ROANOKE COUNTY ACCEPTANCE OF MILLBRIDGE ROAD INTO THE VIRGINIA ENGINEERING & DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM INSPECTIONS DEPARTMENT 2 ti ~* ITEM NUMBER ~'°'~ AT A REGULAR MEETING OF THE BOARD OF SIIPERVISORS OF ROANORE COUNTY, VIRGINIA HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER MEETING DATE: July 14, 1992 SUBJECT: Acceptance of Millbridge Road into the Virginia Department of Transportation Secondary System. COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Waldrop Development Corporation, the developer of Woodbridge, Section 8 and 12, requests that the Board of Supervisors approve a resolution to the Virginia Department of Transportation requesting that they accept 0.27 miles of Millbridge Road. The staff has inspected this road along with representatives of the Virginia Department of Transportation and find the road is acceptable. FISCAL IMPACT: No county funding is required. RECOMMENDATIONS: The staff recommends that the Board approve a resolution to VDOT requesting that they accept Millbridge Road into the Secondary Road System. ITTED BY: ~ APPROVED: Arnold Covey, Director / Elmer C. Hodge of Engineering & Inspe tions County Administrator --------------------------------------------------------------- ACTION VOTE Approved ( ) Motion by: No Yes Abs Denied ( ) Eddy Received ( ) Johnson Referred Kohinke to _ Minnix Nickens ~° :f NORTH 41 ~ 19 T ~ • 3 K ~ps~~~~ ~ 34 Q ` ~ ~ q3 II 7D 4S s ~, . #~ ~ ' ~ ' a'..~ •3 2 4 3 • . s .s ~ 4 • ,. ~ • w ~ •.T . ~ ~ ` t3 ~ f4 ~ r ~ 4 a '~ ~~~e~ ~ K R a M ~ ~ .~ 18 s~~ 6 ~ b .II . '21 •~ • ,, ~ ~' 2 ~- I' ,~ 30 3 I ~ . 8 • .~' 2 • ~ g~o~s~ ~ ~ , 29 ~, ,,,~ `~ ~ 4 ~ ii• ~ ~ ~r ~ t q ~ a ~, p • y 0 ' ~ ~ ~ PROP OSED ADDITION SHOWN T . IN GRAY / . ~_ ~ as ~ DESCRIPTION: 1) Millbridge Road (Route 1168) from the intersection of Millwheel Drive (Route 1167) to the cul-de-sac. Length: (1) 0.27 miles Right of Way: (1) 50 feet Roadway Width: (1) 38 feet Surface Width: (1) 32 feet Service: (1) 24 homes ROANOKE COUNTY ACCEPTANCE OF MILLBRIDGE ROAD INTO THE VIRGINIA ENGINEERING & DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM INSPECTIONS DEPARTIIIENT 2 c ~= 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 14, 1992 RESOLUTION REQUESTING ACCEPTANCE OF MILLBRIDGE ROAD INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY ROAD SYSTEM BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That this matter came this day to be heard upon the proceedings herein, and upon the application of Millbridge Road (Route 1168) from the intersection of Millwheel Drive (Route 1167 to the cul-de-sac) to the cul-de-sac to be accepted and made a part of the Secondary System of State Highways under Section 33.1-229 of the Virginia State Code. 2. That it appears to the Board that drainage easements and a fifty (50) foot right-of-way for said road have heretofore been dedicated by virtue of a certain map known as Woodbridge, Section 2, Subdivision which map was recorded in Plat Book 9, Page 310, and Plat Book 12, Page 84 of the records of the Clerk's Office of the Circuit Court of Roanoke County, Virginia, on December 17, 1989 and March 2, 1990 and that by reason of the recordation of said map no report from a Board of Viewers, nor consent or donation of right- of-way from the abutting property owners is necessary. The Board hereby guarantees said drainage easements and a right-of-way for the street. 3. That said road known as Millbridge Road and which is shown on a certain sketch accompanying this Resolution, be, and the same is hereby established as a public road to become a part of 3 V^ the State Secondary System of Highways in Roanoke County, only from and after notification of official acceptance of said street or highway by the Virginia Department of Transportation. 4 • I } lJ..+ '~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 14, 1992 RESOLUTION 71492-12.c REQUESTING ACCEPTANCE OF BARRENS VILLAGE LANE, BARRENS VILLAGE COURT, AND DEER BRANCH DRIVE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY ROAD SYSTEM BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That this matter came this day to be heard upon the proceedings herein, and upon the application of Barrens Village Court east of Barrens Village Lane to the cul-de-sac for a distance of 0.07 miles, Barrens Village Court west of Barrens Village Lane to the cul-de-sac for a distance of 0.11 miles, Barrens Village Lane from the intersection of Barrens Road (Route 1832) to the cul- de-sac for a distance of 0.41 miles, and Deer Branch Drive (Route 1882) from end of state maintenance to the intersection of Barrens Village Lane for a distance of 0.07 miles to be accepted and made a part of the Secondary System of State Highways under Section 33.1-229 of the Virginia State Code. 2. That it appears to the Board that drainage easements and a fifty (50) foot right-of-way for said roads has heretofore been dedicated by virtue of certain maps known as Barrens Village, Sections 1, 2, and 3, which maps were recorded in Plat Book 10, Page 83, Page 84 and Page 85 respectively, of the records of the Clerk's Office of the Circuit Court of Roanoke County, Virginia, on August 13, 1987 and that by reason i i T of the recordation of said maps no report from a Board of Viewers, nor consent or donation of right-of-way from the abutting property owners is necessary. The Board hereby guarantees said drainage easements and rights-of-way for the streets. 3. That said roads known as Barrens Village Lane, Barrens Village Court, and Deer Branch Drive and which is shown on a certain sketch accompanying this Resolution, be, and the same are hereby established as public roads to become a part of the State Secondary System of Highways in Roanoke County, only from and after notification of official acceptance of said street or highway by the Virginia Department of Transportation. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None A COPY TESTE: ~Y7~~.~~ ~ . ~~.C.~C ~ Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File Arnold Covey, Director, Engineering & Inspections copy for Virginia Department of Transportation ITEM NUMBER ~~" AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER MEETING DATE: July 14, 1992 SUBJECT: Acceptance of Barrens Village Lane, Barrens Village Court, and Deer Branch Drive into the Virginia Department of Transportation Secondary System. COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: F & B Developers, Inc., the developer of Barrens Village, Section 1, 2 and 3 requests that the Board of Supervisors approve a resolution to the Virginia Department of Transportation requesting that they accept Barrens Village Court east of Barrens Village Lane to the cul-de-sac for a distance of 0.07 miles, Barrens Village Court west of Barrens Village Lane to the cul-de- sac for a distance of 0.11 miles, Barrens Village Lane from the intersection of Barrens Road (Route 1832) to the cul-de-sac for a distance of 0.41 miles, and Deer Branch Drive (Route 1882) from the end of state maintenance to the intersection of Barrens Village Lane for a distance of 0.07 miles. The staff has inspected these roads along with representatives of the Virginia Department of Transportation and finds these roads are acceptable. FISCAL IMPACT• No county funding is required. RECOMMENDATIONS: The staff recommends that the Board approve a resolution to VDOT requesting that they accept Barrens Village Lane, Barrens Village Court and Deer Branch Drive into the Secondary Road System. SU$MITTED BY: APPROVED: £l~ ~ndld Covey, Direct~r Elmer C. Hodge of Engineering & Ins ections County Administrator S~ Approved ( ) Denied ( ) Received ( ) Referred to Motion by: ACTION VOTE No Yes Abs Eddy Johnson Kohinke Minnix Nickens 2 1 .~ l•.~• r ,r 4~;1 ""~ ~r .R ~~ i a' I. s ~~ sA ± r ' ~ ~ ~ z ia~. A ~~ ~,~s P 1 91 A, ~w ..~ " ~ ~ ~ , I ~, ~I7~ ~~,I _ r y s~ ' ~ r, ~~- '~s\i~i ,, ... ~ a. ~, ; ~ 1 ~ V 1 1 3 RMI ~ l i ~.d~ ~ '~i- '~~~ Twl ~ 1 '1 r~ _ M '~1 A ~ j ~ I - A --- .~ • ~ = - - ` 9,/ - K-- {... - VIII ~ ' ' A ~y v ~ r _s g M1MM1 ~ c~ p +: ' r~~+'. jp ~'1 ~ - ~ _ _ ~ 1 i r w.' I - ~ . ~ ..., I 2 O ;' e' .~ 9A~ f' ~~ ~ i'~ r ~ 1 •1 ~ w / ` ~+. ~ ~ s1 ~ i //~4 I ` ~ ~• rAl '~ /~ rl i. ~ ~.,~J, ;!C~1 ~ f ~~ ' 1 i ~__ ___ , ~ ;,,1 0 ~~ ' ~ ` {~ ' 1 ~'. ~ 1 / Al I~ ~' kl•' .~ A '9 Jry~~~ 'y . ~~ ~ / - ~ / - t ~ ' ~ i~ • A ~' V ^ ~ / .~ r'A ~~ '~~ ~~ \ PROPOSED ADDITION SHOWN IN GRAY ` ~ '~~ ' ~ ~ ~ ~ DESCRIPTION: '•. Zi. " ~ ~ ' ~~ ~ > ;I' s 's 1) Barrens Village Couzx east of Barrens Village Lane to the cul-de-sac. ~.~~~~`~ ~ 2) Barrens Village Court west of Barrens Village Lane to the cul-de-sac. .7} r r 3) Barrens Village Lane Prom the intersection of Barrens Road (Route 1832) to the cul-de-sac. 4) Deer Branch Drive (Route 1882) from end of state maintenance to the intersection o! Barrens village Lane. LENGTH: (1) 0.07 mi. (2) 0.11 mi. (3) 0.41 mi. (4) 0.07 mi. R-OF-WAY: (1) 50 ft. (2) 50 ft. (3) ~0 ft. (4) 50 Pt. ROADWAY WD: (1) 30 ft. (2) 30 ft. (3) 36'-38'varies(4) 30 ft. SURFACE WD: (1) 26 ft. (2) 26 ft. (3) 32'-34'varies(4) 26 ft. SERVICE: (1) 7 homes (2) 12 homes(3) 34 homes (4) 8 homes ROANOKE COUNTY ACCEPTANCE OF BARRENS VILLAGE LANE, BARRENS VILLAGE ENGINEERING & COURT, AND DEER BRANCH DRIVE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM INSPECTIONS DEPARTMENT 3 .~_ ~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 14, 1992 RESOLUTION REQUESTING ACCEPTANCE OF BARRENS VILLAGE LANE, BARRENS VILLAGE COURT, DEER BRANCH DRIVE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY ROAD SYSTEM BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That this matter came this day to be heard upon the proceedings herein, and upon the application of Barrens Village Court east of Barrens Village Lane to the cul-de-sac for a distance of 0.07 miles, Barrens Village Court west of Barrens Village Lane to the cul-de-sac for a distance of 0.11 miles, Barrens Village Lane from the intersection of Barrens Road (Route 1832) to the cul- de-sac for a distance of 0.41 miles, and Deer Branch Drive (Route 1882) from end of state maintenance to the intersection of Barrens Village Lane for a distance of 0.07 miles to be accepted and made a part of the Secondary System of State Highways under Section 33.1-229 of the Virginia State Code. 2. That it appears to the Board that drainage easements and a fifty (50) foot right-of-way for said roads has heretofore been dedicated by virtue of certain maps known as Barrens Village, Sections 1, 2 , and 3 , which maps were recorded in Plat Book 10 , Page 83, Page 84 and Page 85 respectively, of the records of the Clerk's Office of the Circuit Court of Roanoke County, Virginia, on August 13, 1987 and that by reason 4 J `~ of the recordation of said maps no report from a Board of Viewers, nor consent or donation of right-of-way from the abutting property owners is necessary. The Board hereby guarantees said drainage easements and rights-of-way for the streets. 3. That said roads known as Barrens Village Lane, Barrens Village Court, and Deer Branch Drive and which is shown on a certain sketch accompanying this Resolution, be, and the same are hereby established as public roads to become a part of the State Secondary System of Highways in Roanoke County, only from and after notification of official acceptance of said street or highway by the Virginia Department of Transportation. 5 ACTION NO. A-71492-12.d ITEM NUMBER S- _~,~_ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: July 14, 1992 Confirmation of Committee Appointments to Board of Zoning Appeals and Social Services Board. COUNTY ADMINISTRATORS COMMENTS: SUMMARY OF INFORMATION: Board of Zonina Appeals Supervisor Johnson nominated Carlton Wright for another five-year term which will expire June 30, 1992. Social Services Board Supervisor Nickens nominated Betty Jo Anthony for another four-term which will expire July 19, 1992. RECOMMENDATION: It is recommended that the above nominees be appointed. Mary H~Allen Elmer C. Hodge Clerk to the Board County Administrator ---------------------------------------------------------------- ACTION VOTE Approved (x) Motion by: Bob L. Johnson No Yes Abs Denied ( ) Received ( ) Referred ( ) To ( ) Eddy x Johnson x Kohinke x Minnix x Nickens x cc: File Board of Zoning Appeals File Social Services Board File ACTION NO. A-71492-12.e ITEM NUMBER ~~-~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: July 14, 1992 AGENDA ITEM: Acceptance of a grant by the County Police Department for drug enforcement program. COUNTY ADMINI STRATOR ~ S COMMENTS : ~~~~'~ti~ec-c~ a~~~~(° BACKGROUND' The Criminal Investigations Division of the Roanoke County Police Department has been notified by the Department of Criminal Justice Services that it has been awarded a grant renewal in the amount of $20, 029 for the purpose of enhancing the investigation and prosecution of persons who use Roanoke County motels as a temporary location to distribute drugs. The monies will be used to pay officers and detectives to work overtime, and to pay informants and purchase drugs. Since this enforcement program is conducted during the officers' off duty time, the current level of general law enforcement in the County :,rill not be affected. FISCAL IMPACT' This grant will not require an additional allocation from the County budget. A matching fund of $6,676 will be supplied from seized monies from a DEA Task Force operation. STAFF RECOMMENDATION: Authorize the acceptance of said grant to defray the expense of this additional enforcement action. Respectfully submitted, ~~ J~o'hn H. Cease ~` Chief of Police Approved by, ~~ Elmer C. Hodge County Administrator ACTION Approved (x) Denied ( ) Received ( ) Ref erred ( ) To Motion by: Bob L. Johnson cc: File John Cease, Chief of Police Diane Hyatt, Director, Finance Reta Busher, Director, Management & Budget No Yes Abs Eddy x Kohinke x Johnson x Minnix X Nickens x ACTION NUMBER A-71492-12.f ITEM NUMBER -~ " AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER. MEETING DATE: July 14, 1992 AGENDA ITEM: Acceptance of a grant by the Police Department for Community Crime Prevention Services. COUNTY ADMINISTRATOR' S COMMENTS : ~ ~,,,-zLS,~~~ a~~~~^'~''"'-+~'` BACKGROUND' The Roanoke County Police Department applied for a grant to continue the existing Crime Prevention Program with a second full time Crime Prevention Officer for fiscal year 92-93. The grant has been approved by the Department of Criminal Justice Services (DCJS) in the amount of $32,823.00. FISCAL IMPACT' The grant is for $24,617.00 in DCJS federal funds (75%) and $8,206.00 in local funds (25%). The criteria of the grant requires a hard dollar match of local funds. The local match will be taken out of existing police department funds for community crime prevention services. No additional funds will be requested. STAFF RECOMMENDATION: The Staff recommends acceptance of the grant from the Department of Criminal Justice Services. R Respectfully submitted, .~ John H. Cease Chief of Police Approved by, ~l Mr. Elmer C. Hodge County Administrator ACTION Approved (x) Motion by: Bob L. Johnson VOTE No Yes Abs Denied ( ) Eddy x Received ( ) Kohinke x Referred ( ) Minnix x To Johnson x Nickens x cc: File Chief Cease Diane Hyatt, Director, Finance Reta Busher, Director, Management & Budget ACTION NO. A-71492-12.g ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: July 14, 1992 AGENDA ITEM: Donation of easements in connection with the Hunt- ing Hills Road Project to the Board of Supervisors of Roanoke County COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This consent agenda item involves the donation of easements for road purposes over and across properties located in the Cave Spring Magisterial District of the County of Roanoke in relation to the Hunting Hills Road Project as follows: a) Donation of an easement from Glenn O. Thornhill, Sr. and Suzanne P. Thornhill (Deed Book 1097, page 551) (Tax Map No. 88.13-4-20), shown and designated as "PROPOSED R/W" on a plat prepared by the Roanoke County Engineering Department, dated March 14, 1991. b) Donation of a sight easement from David L. Dale and Aloris F. Dale (Deed Book 1340, page 611) (Tax Map No. 88.13-4-11), shown and designated as "PROPOSED SIGHT EASEMENT" on a plat prepared by the Roanoke County Engineering Department, dated March 12, 1991. c) Donation of a sight easement from Victor F. Foti and Roberta S. Foti (Deed Book 1246, page 1529) (Tax Map No. 88.13-4-24) shown and designated as "PROPOSED SIGHT EASEMENT" on a plat prepared by the Roanoke County Engineering Department, dated March 13, 1991. The location and dimensions of these properties have been reviewed and approved by the County's engineering staff. STAFF RECOMMENDATION: Staff recommends acceptance of these properties. ~.. Q Respectfully submitted, Vickie L. H min Assistant County Attorney Action Vote No Yes Abs Approved (x) Motion by Bob L. Johnson Eddy x Denied ( ) Johnson x Received ( ) Kohinke x Referred Nickens x to Minnix x c:\wp51\agenda\donadon\hunting.hil cc: File Arnold Covey, Director, Engineering & Inspections Clifford Craig, Director, Utility ~fETE3 At~A 80UIY0.1 DE9G~R1r'T~OiN BMOw'N ON TN13 PLAT REPRESENT A t?O~tPOStTE OF DEED PLATb~, AND CALCVLATEO ~RAtAT!~AIVA/~ DO MDT REFLECT ANAOplRATE 84Ul~ARY SURVEY. TAX N0.87.19 -1-21 N8.g9,~~~E 210, 2/, ~., w LOT 13 b :~ TAX N0. ~ a? 88.13-4-19 ''~ ~ ti w _ a I~ LOT /2 Proparly of: GLENN 0. SR, ~ SUZANNE P. THORNH/LL EXISTING R/W 6.04' S' OFF-SET FROM EXISTING RADIUS PT. N 54°21'40"W o ~, n ~~ ~ \S.~ PROPOSED R/W ~ = 89°16'05" R = 50.00' T = 49.45' L = 77.99' S 4 4° 05' 06"W 70.32' w l0T II TAX N0.88.13-4-21 gR N ~ N ~ fz r ~` Q' G'rO~O y B~ ° i c A. ~'~'o 'QN ` '90 T/~ ~/Ap ~, 88.13-4-20 Go~~. M°~' CURVE DATA CHORD CRV. ARC BEARING 01ST. A 112.17' N3.30'20"E 106.38' B 63.70' N41.19'45 E 67.18' 8CALE: I"= 50' PLAT SHOWING PROPOSED RIGHT OF WAY CONVEYED TO ROANOKE COUNTY BY GLENN 0. SR, SUZANNE P. THORNHILL PREPARED BY: ROANOKEG~OUIYTYENG/NEER/NGDEPARTMENT DATE: 3-14-91 A~fETES ~tl~ B4UNDS DESCRM~'I'1~O~V SHOWN ON J'N1S PLAT REPRESENT A COMPOSITE OF DEED3r . PLATS, AID CALCULATED ~OI~tAT10N Alm DO NOT REFLECT ANACWRATE 80UNDARY SURVEY. -~• fa ~~'e°~ .~ 92 OF ~e9 BG g ~''f- • ~o ~y LOT 6 'Qp TAX N0. 88.13-4-12 / • a 3` q . ~O 0~ M~ ~~ ~~ LOT 7 Property of: S 21° 52'20" W DAV/D R ALOR/S ~ 18.10' \ QAL E /O TEMP. CONST. ESMT. `~ PROPOSED 2~ ~ ~ , s 8°12'10"w ~ S/GHT EASEMENT ~~ ~m 2287 ~ Z , \49 ~\ RA~30.00' '4RL` ~ 0 9 \ ARC 28.19 MO? ~9178~` / ~N4~ CH.?S28,'Q+~'q"E CU RVE DATA CHOR D CRV. ARC BEARING DIST. A 147,9' S15°05'20"W 147.64' B 56.01' N75°21'35`E 48.22 C 227.91' S21°28'30"E 217.85` "C' RAD = 220.001 p R' ARC= 130.13' HUNT/IVG N~~~S CH.= S34°IZ'25'E 128.24' TAX ~G4P MD. 88.13-4- IJ SCALE: I'~ = 50' PLAT SHOWING PROPOSED SIGHT EASEMENT BY DAVID AND ALORIS DALE _ PREPARED BY: ROANOKE COUNTY ENGINEER/NQ DEPARTMENT DATE: 3-12 -91 METES AND BOVNDS DESCRpflOrV SHOWN ON TN/S PLAT REPRESENT A CO~IP~OSITE OF DEED PLA 1'~ Alm CALCVZAIEO M1~R~li1 flQN Alm OO MDT REFLECT ANApglRAT1C BOUNDARY SURVEY. . ~-' ,C~ LOT 9 TAX 88,13-4-23 N 9%~ 20'' BGC F ~'s'o ~y CURV ___._.__ E DATA CHOR D CRV. ARC BEARING DIST. A 83.61' N84.1825 E 83.11 8 55.86' S 31.2800E 48.13' C 139.83` N15.0520 E 159A6`~ TAX A/A/~ /V0~ 88.13 - 4- 24 N8o ~S' 2 Sp ~, ~2 0 _ F I Conc. Mon. 0 h f ~' 3 Z 00 ~, o ~ ~' o ti- Z ~ J z 23.33 Conc. Mon. `-~ RAD 3~0:0~' ~ ~BN ARC=2416 CH.= S61°44~05~~E . 23.51 SCALE: ~ ~~_ ~~ PLAT SHOWING PROPOSED SIGHT EASEMENT CONVEYED TO ROANOKE COUNTY BY VICTOR F. ~ ROBERTA S. FOTI PREPARED BY: ROANOKE COUNTYENGINEER/NQ DEPARTMENT DATE: 3-13-91 \. TAX N0. 87.12-1-21 ACTION NO. A-71492-12.h ITEM NO. ~" Pr~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: July 14, 1992 AGENDA ITEM: Donation of sanitary sewer easements in connection with "THE ORCHARDS," Applewood, Section No. 2 (F&W Community Development Corporation) to the Board of Supervisors of Roanoke County COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This consent agenda item involves the donation of easements for sanitary sewer purposes in connection with "THE ORCHARDS," Applewood, Section 2 (Plat Book 9, page 112), owned and developed by F & W Community Development Corporation, located in the Vinton Magisterial District of the County of Roanoke as follows: a) Donation of a variable width sanitary sewer easement from Roger L. Moretz and Jean Moretz (Deed Book 1312, page 790; Tax Map No. 40.10-1-6) across Lot 2, Block 1, Section 2, Applewood Subdivision of the Orchards Subdivi- sion, said easement being shown and designated as "NEW SANITARY SEWER EASEMENT TO BE CONVEYED TO ROANOKE COUNTY BOARD OF SUPERVISORS" on a plat prepared by Jack G. Bess, Certified Land Surveyor, dated 29 July 1988. b) Donation of a variable width sanitary sewer easement from Ricky A. Chocklett and Karen M. Chocklett (Deed Book 1266, page 1806, Tax Map No. 40.10-1-7) across Lot 1, Block 1, Section 2, Applewood Subdivision of the Orchards Subdivision, said easement being shown and designated as "NEW SANITARY SEWER EASEMENT TO BE CONVEYED TO ROANOKE COUNTY BOARD OF SUPERVISORS" on a plat prepared by Jack G. Bess, Certified Land Surveyor, dated 29 July 1988. c) Donation of a variable width sanitary sewer easement from James R. Gross and Catesby T. Gross (Deed Book 1332, page 1296, Tax Map No. 40.10-1-4) across Lot 4, Block 1, Section 2, Applewood Subdivision of the Orchards Subdivi- ~'~ Sion, said easement being shown and designated as "NEW SANITARY SEWER EASEMENT TO BE CONVEYED TO ROANOKE COUNTY BOARD OF SUPERVISORS" on a plat prepared by Jack G. Bess, Certified Land Surveyor, dated 29 July 1988. d) Donation of a variable width sanitary sewer easement from Nelson E. Catron and Jennifer A. Catron (Deed Book 1312, page 532, Tax Map No. 40.10-1-5) across Lot 3, Block 1, Section 2, Applewood Subdivision of the Orchards Subdivi- sion, said easement being shown and designated as "NEW SANITARY SEWER EASEMENT TO BE CONVEYED TO ROANOKE COUNTY BOARD OF SUPERVISORS" on a plat prepared by Jack G. Bess, Certified Land Surveyor, dated 29 July 1988. The location and dimensions of these properties have been reviewed and approved by the County's engineering staff. STAFF RECOMMENDATION: Staff recommends acceptance of these properties. Respectfully submitted, Vickie L. H fman Assistant County Attorney Action Approved (x) Denied ( ) Received ( ) Referred to c:\wp51\agenda\donadon\orchards Motion by Bob L. Johnson Vote No Yes Abs Eddy x Johnson x Kohinke x Nickens x Minnix x cc: File Arnold Covey, Director, Engineering & Inspections Clifford Craig, Director, Utility J=~ /. 0 ~~~ ~t ~~~ P~~~ ~ P~ CeGAL REFERE~GE~ /F~. 9, PG. //2 ~~~ ~ /D' 4. -~~ ~ ARC-24.21' ~'/E,Q/O/q,~/ RAo = 25.0' OF ~°L Al 1~q ~~- ~ / ~ i°f/6E //2 ~ ~ ~ e ~. `4 m ~Qo ~ ~ ~ ~ ~~ k m 85 0~~ per. 8'¢~ 5 ' 43 • O" (o E -- I ~ I~wo "~ 13~e ° ~h~~ .l O ~C ~ ~ ml ~~~ h a N N •~ ~ ~I~ ~ W ~ a o I~~~ h v ° ~ ~ I , ~ a m Q m O ~ 50 0 " /0 0 ~~.~a J- NG' Q3' 30"W IsW I~ ,- m -n I~ , ~ ~ M ,lop ~ ~ v ~ ~ ~ O ~ v ~ ~~ ~e ~ I ~ ~ o°i T ~ ~i' / ° Q'li' ?ice"F -~- ~ ETNA// E. G~GAn/, /,e. ~ ~ ~ ~PE/3ECCA M DOGAN D. F3 /1¢8, PG. //05 ~li1,gP MADE FOR TAB No.go./o-i-¢ ~ F~ W CoMMI~,~//TY DE~/EL OPM~tiIT COR~° SHoit/iNG A NEW /AQiaeLE ~//OrN SAN/TARy SEwE,e EASEME,/l ~E~~TH (~ AGR055 LOTS 1 T//,Q[/ !~, /~LOG,rC I , SECT/O./ ill0. 2 APPLEWOOD ~ L Sd~30///S/On/ Of THE ORCifARDS 1 MD SGt~6E;S~,Sp~ ,Q~Ati/OKE CQ , I~/~ZG/.t//A ~ 5. %!~.-~> ScAL~ : /'~= 50' JuL~ 29, /988 CERTIFICAtE No. ,p ~)~ ~O CERT/f/ED COR~EGI' /~/: %~ ~~' JACK G. /3ESs /~~ l A ND gJP CERT/f/EO LAn/O SU~21/EyOK M.B. •~-B. ~• c r ACTION NO. A-71492-12.i ITEM NO. ~~ ~ U AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: July 14, 1992 AGENDA ITEM: ACCEPTANCE OF DONATION OF A RIGHT-OF-WAY AND EASEMENT FOR THE BUSHDALE ROAD RURAL ADDITION PROJECT COUNTY ADMINISTRATOR'S COMMENTS: SUNIlKARY OF INFORMATION This consent agenda item involves the donation of the following right-of-way and easements from Robert W. Martin and Virginia M. Martin (Deed Book 1073, page 238) (Tax Map No. 79.03-4- 39 and 40) to the Board of Supervisors of Roanoke County, Virginia, in connection with the Bushdale Road Rural Addition Project in the Vinton Magisterial District: a) a parcel of land shown and designated as "PROPOSED RIGHT OF WAY (.038 Ac.)" on a plat, dated December 28, 1990, prepared by the Roanoke County Engineering Department, a copy of which is attached hereto; b) a drainage easement, five feet (5') in width, as shown and designated "PROPOSED 5' D.E." on the above-referenced plat; and c) all right, title and interest in and to the existing "Private Road," known as Bushdale Road, varying in width from twelve feet (12') to thirty-one (31'), leading to and from Virginia Secondary Route 659 (Mayfield Drive, formerly Gearhart Road). County staff has inspected and approved the location and dimensions of the right-of-way and easements for the project. FISCAL IMPACT• No county funding is required for these acquisitions. ~".~ ~ STAFF RECOMMENDATION: Staff recommends acceptance of the donations of right-of-way and easements for the Bushdale Road Rural Addition Project. Respectfully submitted, Vickie L. H m n Assistant County Attorney Action Vote No Yes Abs Approved (x) Motion by Bob L. Johnson Eddy x Denied ( ) Johnson x Received ( ) Kohinke x Referred Nickens x to Minnix x c:\wp51\agenda\donation\bnshdale cc: File Arnold Covey, Director, Engineering & Inspections Clifford Craig, Director, Utility .' METES ~ BOUNDS DESCRIPT1OlV SNON7Y ON THIS PUT REPRESENT A CO+~tP+OS1TE OF DEEDS, PL~TJ, AlMD CALCULATED ~R~tATION AID DO NOT REFLECT AN ACCURATE BOU1+wDARY SURVEY. ,S 10 ~~ ~ ,~~t PROP. BUSHDALE ROAD ~ ,r~o~//o ~ , N s°s ~ /W ~ ~ ~ PROPOSED ~ oo RIGHT OF WAY t,o38Ac) TAX NO. 79.03-4-32 fi 3 3 o~ ~o 0 ~ 'ai' o cD N M ~ N N to REMQININO PROPERTIES OF RoaERr r>v ~ V/RG/N/A M. MART/N 7AX N0. 79.03.4-40 (.525 Ac) • 101.35 S 29°40 E ~ TAX N0.79.03-4-33 12.05' ~>` PROPOSED 5' D.E TAX N0.79.0:~-4-38 O~M m~o N to 1 TAX N0.79.03 - 4- 39 - (.247 AC) b 39.._79_1 5 29°40 E' r~(~,~,gp~yQ. 79.03-4-39 >34~0 - SCALE: 1~~ = 50~ PLAT SHOWING PROPOSED RIGHT OF WAY AND DRAINAGE EASEMENT . BEING CONVEYED TO ROANOKE COUNTY BY ROBERT W. & VIRGINIA M. MARTIN PREPARED BY: ROANOKE COUNTY ENGINEERING DEPARTMENT DATE: 12 - 2 8 - 90 ACTION NO. A-71492-12.j ITEM NO. ~'' ~ ! AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: July 14, 1992 AGENDA ITEM: Donation of easements from Springwood Associates and Leroy G. Lochner to the County of Roanoke COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This consent agenda item involves the donation of the following easements to the County of Roanoke in the Windsor Hills Magisterial District. a) Donation of a variable width drainage easement from Leroy G. Lochner and Ann W. Lochner (DB 1145, page 57) (Tax Map No. 76.07-3-23) shown and designated as "NEW DRAINAGE EASEMENT" on a plat prepared by Mountain Top Surveyors, Inc. dated 2 February 1989. b) Donation of a variable width drainage easement from Springwood Associates (DB 1310, page 666) (Tax Map No. 76.07-3-24) shown and designated as "NEW DRAINAGE EASEMENT" on a plat prepared by Mountain Top Surveyors, Inc. dated 2 February 1989. c) Donation of a 15' drainage easement from Springwood Associates (DB 1310, page 666) (Tax Map No. 76.07-3-24) shown and designated as "15' NEW DRAINAGE EASEMENT" on a plat prepared by Mountain Top Surveyors, Inc. dated 2 February 1989. The location and dimensions of these properties have been reviewed and approved by the County's engineering staff. STAFF RECOMMENDATION: Staff recommends acceptance of these properties. Respectfully submitted, Vickie L. f man Assistant County Attorney Action Approved (x) Motion by Bob L. Johnson Eddy Denied ( ) Johnson Received ( ) Kohinke Referred Nickens to Minnix C:\W PS 1~AGENDA\DONATION\SPRING WOOD ~1'"~~ Vote No Yes Abs x x x x x cc: File Arnold Covey, Director, Engineering & Inspections Clifford Craig, Director, Utility . ~~ NOTES II REFERENCES TRACT 'A' 31 CURVE DATA ARCS 33.87' DEED BOOK 1310 PAGE 666 RADIUS 25.37' CHORD 31.41' TAX PARCEL<<76.07 - 3 - 24 BEARING N 56' 41' 15' W PRESENT OWNER SPRINGw00D /1SSOCIATES TRACT 'B' I DEED BOOK 1145 PAGE 57 o j N TAX PARCEL 76.07 - 3 - 23 ~ I ~ PRESENT OWNERS LEROY G. LOCHNER z I -------LEGEND------ - ~ 21 THIS SURVEY PERFORMED WITHOUT THE BENEFIT OF ~ I `~ A TITLE REPORT BY AN ATTORNEY AND THEREFORE, ~ SET IRON ROD WITH I MAY NOT NECESSARILY INDICATE ALL ENCUMBRANCES ALUMUrUM CAP ~ UPON THE PROPERTY. o FOUND. IRON REBAR ~ N 33' 20' 45' E QD v FOUND IRON PIPE w A (TOTAL) ~ ~ 3.0' H e5• p fq0. R~~E o ROgO > ~ ~, ,L„7 ~e I ~FS ROgpwAy ~,f ''~ wAYI -~ °-~ rn 'C .y~ ~ I ~ , ~ ,T lie ~g ° > m ~.•p~ I ~ ~ ~ ~ Imp l ~ \ z ~ ~ ~,,~ TRACT B'~B ~ ~ ~ n } ~ 0.277 ACRE ~ ~ I : I N B5~ p4, i ~ ~ ~ '~~' I ~ b ~ Rln '£-~ W 30 ~ ~ X99, ~ ~ °° ~ ~ I ~ i ~~ ~pBLOCK 2 rrorgv ,~ LOT 3 ~ -W-~ I~~I~ ~ coT? l O ~ Iv,ll W w Q J ~ ~ I~ ~ - ~w ~ ~ Oo ~ ~ ~ LOUIS G. $ >'~ ~, Q $ HARRIETTE C. SHARTZER ~I ~ ° DEED BOOK 1268 PG. 276 ~ 13 W TRACT ~A" TAX PARCEL 76.07 - 3 - 25 ,.~. I ;; j 0.577 ACR W I r~ ~ I ~ ~p~ a:2~.ar \is~'ac\ ~ RIGH~OF NAY ARCS 33. 7' 15: 5' / ~~/NQGF (SEE NOTE #31 /_ ~ ~\ 1 8.0' --•-I ~..,_~ S BS ~~.9q-~ ~ 13.49 \S 18' 2' 10' E~ pq, pp' ~ \64' / M lr 8.9 \ - WE °T R ~RTN R a. of WOAp 0 SURVEY FOR v~~r~-rr~r ~e~rrv ~~ri~-w`vrrw r Icr' SHOWING BOUNDARY 8 DRAINAGE EASEMENT Z O~~~p,LTH p~, yf FOR THE PROPERTIES OF ~~ ~~~ SPRI~ICi1M00D ASQOCIATES 8 S ROBERT G. CANTLEY ~ LEkdY G. LONER I""' ROANOKE COUNTY, VIRGINIA Z No. 1597 i i~~ SURVEYED FEBRUARY 2,1989 4 SCALES I' ~ 50' O 9`V~ SURVE~O DALEVILLE 40.00142 I 2 MWF REVISED APRIL 10. 1990 OFFICE JOB NO. SIZE REV. OWN. BY >• ACTION NO. A-71492-12.k ~- ITEM NO. • AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: July 14, 1992 AGENDA ITEM: Donation of a water line easement situated on Lot 32 and 33, Block 5, Section 3, Waterford to the County of Roanoke COUNTY ADMINISTRATOR'S COMMENTS: SUNIlKARY OF INFORMATION This consent agenda item involves the donation of the following easement to the County of Roanoke for water line purposes: a) Donation of a fifteen foot (15') water line easement situated along the lot line between Lot 32 and Lot 33, Block 5, Section 3, Waterford (PB 13, page 113) shown and designated as "NEW 15' WATER LINE EASEMENT" on a plat dated April 13, 1992, by Lumsden Associates, P.C. from Strauss Construction Corporation. The location and dimensions of this easement have been reviewed and approved by the County's engineering staff. STAFF RECOMMENDATION: Staff recommends acceptance of this easement. Respectfully submitted, ickie L. f an Assistant County Attorney Action Approved Denied Received Referred to (x ) ( ) ( ) Motion by Bob L. Johnson Vote No Yes Abs Eddy x Johnson x Kohinke x Nickens x Minnix x c:\wp51\agenda\donation\waterford.rpt cc: File Arnold Covey, Director, Engineering & Inspections Clifford Craig, Director, Utility 7,N1." 26.16. 7- Ib ~AME~ R, GgAWFO~n ~ 561 °64'G~5"E -"` ~HE~MA E. GRAWFORTI q ~~ , '?. P~. 13 7 Z PG, 60 2 47,61' 253 ~~ ~. 3g O / ~ ;j 0~5.,E~ 31 ,~~ 7 _ _ _ Lor 32 ~ . ~~oo~~~, ¢BZ, __ L~7 37 EX/ST ~~/I ` __ -__ _ P, F3. l3 ~U~G 1C~ ~ ___ 2p .. I ; : j ~ 4~ P~ EASEtij~c~y -,. ~ /I~ T W ~~ 5' I '~ __ ~ ' -~_ o ~ ~ ~~ Z o ~ I ; Got 34 o / w a - ~ m a, ~ I 2 / ~~ ~ Q m ~ %: ~- ~ ~ .~ ~ ~~ ExrSr, ('RIVATE 5 /,%: ~ ~WG• ~ ~ '/ ~ a ~'ti ri. ~ ~ ~, EFi SAN, NEWER $ASe: MENT N / o ^ s ~ - - - - 741' -_---_ `~`/ - ,o H ~ .o -y ~ g 9a '9 .g „ N59°oo'ovy w -~ ~ ~ ,, y ~ ° ~~ o $X, VARIAg(.E Wll7TFl F \~ ~ PUg`l ` ~O ~'o m c ~_ I~ C~ER ' Y wArER C '~ ~ y I ~ !t0 GEnARGRE5T l~pAn /NE ~~~ ' ~- Cua V E ''A " ~ ~OA, \ sANSE ~E~ 'Y M R x188.08' ' '"Ci'T~ l~°,g~ 3 q~~ `AT T = Z 3, 45 65' A = 46 v E v ~~~ ~~g%~~'~ . 6ND = 46 5¢' D F~aG,= N39°51'33"iY PLAT SHOWING ~5~ WATER LINE EASEMENT SITUATED ON LOT 32 AND LOT 33, BLOCK 5, SECTION 3 WATERFORD (P.B- 13; PAGE 113) BEING GRANTED TO GURV~ ~ COUNTY OF ROANOKE ALTNp BY d = ~ 17 d3 54' ~~E ~,L~ STRAUSS CONSTRUCTION CORPORATION ~,_ 1e8.a6' , O 'P "„ C ROANOKE COUNTY, VIRGINIA ~ T 19 96' ..Z ? o VINCENT K SCALE: 1" = 2O DATE: APRIL 13 , 1992 A -~ . 39 7'7' . LU ~ 9 ~ CNO. - . 39.70' ~ LUMSDEN ASSOCIATES, P. C. PIRG. = N62'h8'o3"W ~~/~/~Z1428B ~ ENGINEERS-SURVEYORS-PLANNERS w 1, .~4 ROANOKE, VIRGINIA wmm. ap -l y - . ,„ i ~.. - .. A-71492-12.1 ACTION NO. ITEM NO . ~' 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: July 14, 1992 AGENDA ITEM: Donation of a water line easement from James R. Crawford and Thelma E. Crawford to the County of Roanoke COUNTY ADMINISTRATOR'S COMMENTS: SUNIlKARY OF INFORMATION: This consent agenda item involves the donation of the following easement to the County of Roanoke in the Hollins Magisterial District. a) Donation of a 20' water line easement from James R. Crawford and Thelma E. Crawford (DB 819, page 444 and DB 822, page 602) (Tax Map No. 26.16-2-15 and 26.16-2-16) shown and designated as "20' WATER LINE EASEMENT" on a plat prepared by Lumsden Associates, P.C. dated 12 April 1992. The location and dimensions of this easement have been reviewed and approved by the County's engineering staff. STAFF RECOMMENDATION: Staff recommends acceptance of this easement. Respectfully submitted, Vick'e L. Hu a Assistant County Attorney Action Vote No Yes Abs Approved (x) Motion by Bob L. John on Eddy x Denied ( ) Johnson x Received ( ) Kohinke x Referred Nickens x to Minnix x C:\WP51\AGENDA\DONA770N\CRAWFORD cc: File Arnold Covey, Director, Engineering & Inspections Clifford Craig, Director, Utility ,, y45°QO'E-~ Z71.0~ 5 33' 33'E -~ ---~- 306.9' ~~ ~~~~ JAMES R. ¢' TNECMA ~ E. ~G,AWFOI~~ ~yoo ~,S Bi 3.10 AGt~ES ~ 3.70 AGgEh 9c n.~, BZZ PG, 602 ~ n.~• Brq PG, 444 ~~ TAx ~ 26. I6 - z - fv tAZ "' Zb.r6. 7 • Ih s~ 0 "' o o ~ ~ ~ ~ ~ Z tv ~ _ o M ~ [~ !~ 20'WATEIh LIN . NEW 10, PRIVATE E ~ + ~ y 9~ l- EASEMENT 729 t' rorac ~ WATER LINE EASEMENT ~ ~ ~. ~~ ~ 2 24 , --- - - -, ' h h ' ~ -.-- --~o 2414, 25.Za I -. N 4p°42'W , 507, 25~ ~ I X44 N h9 3Z 3~ 34 ~ 35 J 36 hT(~AU35 nEVE~OPM~N? /OAt'ORArION ~)I.OGK 5 h~G7~ON 3 ~ PG,OPEJ~TY r----- WATEG~~ORn _.. __ . P.r~.13 PG. 113 NOTE: 20' LJATER LINE EASEMENT COINCIDES WITH EXISTING 15' RIGHT-OF-WAY. PLAT SHOWING NEW 10C PRIVATE W~TER LINE EASEMENT BEING GR~INTED BY JAMES P.. CRAG~F~RD, ET UX SITUATED WITHIN 3.70 AC. TRAC~ (D.B. 822, PG. 602) F R EXCLUSIVE USE OF 3.70 AC.'TRACT (D.B. 819, PG. 444) 'yam HOLLINS MAGISTERIAL DISTRICT Lfr ROANOKE COUNTY, VIRGINIA ~C1t SCALE: 1" = lOO' DATE: 12 APRIL 1992 LUMSDEN ASSOCIATES, P. C. ENGINEERS-SURVEYORS-PLANNERS ROANOKE, VIRGINIA ~""" I _ ~ ~. ..... nnne~ #47 - l~n t ACTION NO. A-71~4'92-12.m ITEM NO. ~ "" / AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: July 14, 1992 AGENDA ITEM: Donation of rights-of-way in connection with the Fallowater Lane Project to the Board of Supervisors of Roanoke County COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This consent agenda item involves the donation of rights-of- way for road purposes over and across properties located in the Cave Spring Magisterial District of the County of Roanoke in relation to the Fallowater Lane Project as follows: a) Donation of a right-of-way from George L. Boone and Jo Anne B. Boone (Deed Book 1288, page 763 and Deed Book 1288, page 765) (Tax Map Nos. 77.19-1-22 and 77.19-1-21) shown and designated as "PROPOSED 10' R/W" on a plat prepared by the Roanoke County Engineering Department, dated September 19, 1991. b) Donation of a right-of-way from George L. Boone and Jo Anne B. Boone (Deed Book 1368, page 308) (Tax Map Nos. 77.19-1-23 and 77.19-1-24) shown and designated as "PROPOSED 10' R/W" on a plat prepared by the Roanoke County Engineering Department, dated June 16, 1992. c) Donation of a right-of-way from Dominion Bank, N.A. (Deed Book 1030, page 290) (Tax Map No. 87.07-2-9) shown and designated as "PROPOSED 10" R/W" on a plat prepared by the Roanoke County Engineering Department, dated Septem- ber 26, 1991. The location and dimensions of these properties have been reviewed and approved by the County's engineering staff. STAFF RECOMMENDATION: Staff recommends acceptance of these properties. `i. iy Respectfully submitted, Vicki L. Hu a Assistant County Attorney Action Vote No Yes Abs Approved (x) Motion by Bob L. Johnson Eddy x Denied ( ) Johnson x Received ( ) Kohinke x Referred Nickens x to Minnix x c:\wp51 \agenda\donation\fallowater cc: File Arnold Covey, Director, Engineering & Inspections Clifford Craig, Director, Utility ,METES AND BOUNDS DESCRIPTIONS SNOXN ON THIS PLAT R.L'PRESENT A G'O~fPOS'ITE OF DEEDS. PLATS. AND CALCULATED INFORIdATlON AND DO NOT REFLECT AN ACCURATE BOUNDARY SURYEY. .~~ ~~S y ~~5~`2~ Q~~ S Pti ~~' /' QQ~~ti~,1~ ~ ~ ~' ~ik~' ~~~ ~ how ~ ~~P 't ~ ~~ ~~ e~ 22 \ r ~~3` • p Y, PRDPERTY OFD ~ JOHN LEE 6 SEMRA N• DAVENPDRT TAX MAP N0._77•19_1-21 & 22 ~'~ TAX N0. 77.19-1-32 r ~• ~~ ~~ ~f ~ 21 PROPERTY OF r ~ i~~ GEDRGE L• b JO ANNE B• ~ F BOON u~ lO.SSAc.REMAINING) PRDPERTY OFD GEORGE R, ~ BETTY F, PREAS ~~~ ~O• ~~ .^~g ~~' oo s'~ ~P~ ~°.~ ~O Pv F PR~P~SED 10' R,/W ~~ ~P SCALE: 1'=50' PLAT SHOWING PROPOSED RIGHT- DF-WAY BEING CONVEYED TO ROANDKE COUNTY BY GEDRGE L, & J^ ANNE B, BDDNE PREPARED BY.• RDANOKE' COUNTY ENGINEERING DEPARTMENT DATE:09-19-91 METES AND BOUNDS DESCRIPTIONS SHOWN ON THIS PLAT REPRESENT A COMPOSITE OF DEEDS, PLATS, AND CALCULATED INFORMATION AND DO NOT REFLECT AN ACCURATE BOUNDARY SURVEY. OG. F S Q~- F, ~ 32 ~ pP~Q~i- ~~' ~~O ~~ . ~- ~P ~~• P PERTY ^F G,L. & J.A. B^^NE D.B.1368, PG. 8 ~~~ s~ ~ ~ Ns d o 24 ~ °o_ ~ ~ ~/ 'CURVE 'B' L R = 25.00' T = 34,01' CH= N78'41'W 40.28 ._ "B' CURVE 'A' Nq a R = 15.00' CH= N82'04'48'W 23.39 7719-1-24 & 23 TAX MAP N0. _____________ SCALE: 1°=S0' PLAT SH^WING RIGHT ^F WAY BEING CONVEYED T^ R^AN^KE C^UNTY BY G.L. & J.A. B^^NE 0.59 Ac. REMAINING ~:a.. ~ ~ PR^PERTY ^F 1~ GE^RGE L. & J^ ANNE B. S BD^NE .~ ~- TAX N^, 77.19-1-22 l~ ~j ~O ~~ F` 23 PROPOSED 10' R/W o° ~o• I~S~ P~~ P J ~/ ~~ ~ ~O ~ Pte' u^ ~, ~~ PREPARED BY.• ROANOKE COUNTY ENGINEERING DEPARTMENT DATE: 06-16_92 METES AND BOUNDS DESCRIPTIONS SHOWN ON THIS PLAT REPRESENT A COMPOSITE OF DEEDS, PLATS, AND CALCULATED INFORMATION AND DO NOT REFLECT AN ACCURATE BOUNDARY SURVEY. .J ° ~ 'f ~~. ~~~ ~2 ~P ,h~ ~~~ ~~ P •`~ ~~'1 X0'1 CURVE 'A' Q R = 25,00' ~ CH NIl'21'24"E 29,58' 10,51 PROPOSED 10' R,/W f~ PR^PERTY ^F ~r GE^RGE L, & J^, ANNE B, c' B^^NE ~~ ~ CURVE 'B' s ~ R = 25,D0' ' CH = Nll'19'E OO~ 29,61' PR^PERTY ^F D^MINI^N BANK ,~~ D,B, 1030 PG,290 r ~ ~N ~~~ ~ ~~ ~Nls O d O ~ 0 d~ ~ SAX MAP N0._87,07-2-9 b~ ~~ 'til ~O 3~ 5 SCALE: 1 ~ = 5 0' PLAT SHOWING PROPOSED RIGHT- OF-WAY BEING CONVEYED TO ROANDKE COUNTY BY DOMINION BANK 0,33 Ac, REMAINING TAX N^, 87,07-2-7 TAX N^, 87.07-2-7 PREPARED BY.• ROANOIfE COUNTY ENGINEERING DEPARTMENT DATE: 09_ 26_91 ACTION NO. A-71492-12.n ITEM NUMBER ~"' ~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER MEETING DATE: July 14, 1992 AGENDA ITEM: Request from the County Treasurer to Destroy Tax Payment Records prior to July 1, 1987 COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Attached is a memorandum from County Treasurer Alfred C. Anderson requesting approval to destroy tax payment records prior to July 1, 1987. The Virginia State Library and Archives requires that the governing bodies approve destruction of paid tax records for personal property and real estate taxes. (See attached schedule) STAFF RECOMMENDATION: It is recommended that the Board of Supervisors authorize the County Treasurer to destroy real estate tax payments and personal property tax payments prior to July 1, 1987. Elmer C. Hodge County Administrator ---------------------------------------------------------------- ACTION VOTE Approved (x) Motion by: Bob L. Johnson No Yes Abs Denied ( ) Eddy x Received ( ) Johnson x Referred ( ) Kohinke x To ( ) Minnix x Nickens x cc: File Alfred C. Anderson, Treasurer O~ FiOANp,1.~ ti ~ A Z Z °v .ate raas ~~ C~o~xx~~~ a~ ~~~~o~~ T0: Roanoke County Board of Supervisors FROM: Alfred C. Anderson, Treasurer ~' DATE: June 24, 1992 SUBJECT: Disposal Approval ALFRED C. ANDERSON, CFO, CGT TREASURER I am petitioning to the Board of Supervisors for their approval to destroy records that have been retained for the secheduled retention period, as prescribed by law. I need your approval so I can submit to the Commonwealth of Virginia with their Certificate of Records Disposal to allow me to destroy records for Real Estate tax payments prior to July 1, 1987 (24 Boxes) and Personal Property tax payments prior to July 1, 1987 (12 boxes). P.O. BOX 21009 ROANOKE, VIRGINIA 24018-0533 (703) 772-2056 FAX: (703) 772-2015 ® Recycled Paper SCtEDIIE TITLE : PAGE 5 Uf= d NUMBER FORM fil4-7G, REY • 87 COM~ONYEALTH OF V 1 RG 1 N 1 A FISCAL RECORDS GS-2 VIRGINIA STATE L1t9R11Ry SCHED(LED AGENCIES: AND ARCH I YES ~,.. o COUNTY AND MUNICIPAL GOVERNMENTS ARCHIVES AND RECORDS DIVISION SCiEDl11.ED D I Y I S I ONS: ceoa~ 7s6-G ~ 1988 TREASURERS, FINANCIAL SCFiEDUI.E DATE: AV RECORDS RETENTION AND DISPOSITION SCFF~IlI.E ACCOUNTING DEPARTMENT, PURCHASING AGENTS This schedule is continuing authority under the provisions of the Virginia Public Records Act, SS42.1-76 et sea•, Code of Virginia, for the retention and disposition of the records as stated and supersedes previously approved applicable schedules. Request approval on For, RM-3, Certificate of Rsoords Disposal, for the destruction of record series noted i n this schedu 1 e. APPROVED: ~ ~~~~~ ~~ ~~~ ~~ ~~~ ~ _, HATE ARCH 1 Y I ST RECORD SER 1 ES Nll16F12 AND TITLE QED RETE7IT I ON AND DISPOSITION b. Lags and Registers Retain for 3 years after audit and destroy. c. Manuals Retain untR superseded and destroy. d. Orders and Requisitions Retain for 5 years after audit and destroy. ~S - Receipt Records Retain for 3 years after audit and destroy. 26 - Reimbursement Recaeds Retain for 3 years after audit and destroy. and Reports 27 - Retirement Files Local Retirement S~rstem a. Bmployment Records . b. Financial Records Retain for 3 years after death, or after the employee is no longer vested in the system, and then destroy. Retain in accordance with appropriate entries in this schedule. State 8etirement System G 8eoords and Reports Retain for 3 years after audit and destroy. 38 - Taz Records, Personal Property a,. As®essment 23ooiss Retain foe 6 years and destroy (C 558.1-3118). b. Corrected Assessment Retain for 3 years after audit and destroy. 8,ecords c. Delinquent List Retain far 6 years and destroy. FORM RM-~G, REV. 87 COMMONVEALTH OF VIRGINIA SCHEDU-E TITLE' PAGE 6 OF 8 I NUMBER FISCAL RECORDS GS-2 VIRGINIA STATE LIBRARY SCHEDULED AGENCIES: AND ARCH 1 YES .. ARCHIVES AND RECORDS DIVISION o ~~ AND MIUNICIPAI. GOVERNMENTS S(~EDIJ«D DIVISIONS (BO4) 78Cr1i634 TREASURERS, FINANCIAL SCtIEDUI.E DATE: AUG 0 1 1988 ~~ ~~~ I ON AND D I SPOS 1 T I ON SCl1EDU1_E ACCOUNTING DEPARTMIENT, PURCHAS t NG AGENTS This schedule is continuing suttarii~r under the provisions of the Virginia Public Records Act, ff42.1-76 et seq., Code of Virginia, for the retention and disposition of the records as stated and supersedes previously approved applicable schedules. Request approval on Forte RM-3, ificat/s~~o# Records Disposal, for the destruction of record series noted i n this schedu I e. APPROVED ~~.~; i y~~ ~~/X~i~.i~+1 ,STATE ARCH 1 Y 1ST RECORD SERIES NUMBER Alm TITLE SCIEDULED RETENTION AND DISPOSITION d. Paid Tickets .Retain for 5 years after audit and then petition the governing body for antthoriza- tion to destroy. e. IInlpaid Intangible Retain for 3 years after delinquent list Tickets certification and destroy. f. IInpaid Tangible .Retain for 5 years after delinquent list Tickets certification and destroy. 29 - Taz Records, Real Estate a. Assessment Book Retain for 6 years and destroy (Code, S58.1-3310). b. Corrected Assessment Retain for 3 years after audit and destroy Records c. Delinquent List Retain for 20 years after creation and then destroy. d. l~onerations Retain for 5 years after audit and theo destroy e. Lien Records Retain for 3 years after lien satisfaction and audit, and then destroy (Code, 558.1-3930). f. Faid Ticket;4 Retain for 5 years after audit and then petition the governing body for authoriza- tion to destroy. g. IInpaid Tickets Retain for 3 years alter delinquent list certification and destroy. ~n- i COUNTY OF ROANORE~ VIRGINIA GENERAL FUND UNAPPROPRIATED BALANCE ~ of General ~ 1 ~ Amount Fund Expenditures Beginning Balance at $4,041,917 5.60 July 1, 1992 (unaudited) Submitted By Diane D. Hyatt Director of Finance Note: On December 18, 1990 the Board of Supervisors adopted a goal statement to maintain the General Fund Unappropriated Balance at 6.25 of General Fund expenditures ($72,151,291). m-a COUNTY OF ROANORE, VIRGINIA CAPITAL FIIND UNAPPROPRIATED BALANCE Beginning Balance at July 1, 1992 (unaudited) Addition to Capital Reserve Submitted by $ 8,511 114.760 $ 123,271 ~,~.o~ ~. Diane D. Hyatt Director of Finance ~^ COUNTY OF ROANORE, VIRGINIA RESERVE FOR BOARD CONTINGENCY Beginning Balance at July 1, 1992 $ 50,000 Submitted by Diane D. Hyatt Director of Finance ACTION NO. ITEM NUMBER f,f® AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: July 14, 1992 AGENDA ITEM: Selection of Auditors COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The accounting firm of KPMG Peat Marwick has been selected to perform the audit of the County of Roanoke as well as other related audits for a four year period beginning with the year ended June 30, 1992. Request for proposals for audit services were mailed to twelve accounting firms and an advertisement was placed in the Roanoke Times and World News. The County received three proposals for accounting services and interviewed two of these proposals, KPMG Peat Marwick and Coopers & Lybrand. A selection committee composed of individuals from the Finance Office, Treasurer's Office, Schools and Procurement interviewed representatives from the two firms and selected KPMG Peat Marwick as the number one candidate. The Audit Committee of the County of Roanoke confirmed the selection. The attached calendar of events shows the anticipated time frame for this year's audit. Respectfully submitted, Approved by, Diane D. Hyatt Elmer C. Hodge Director of Finance County Administrator ACTION Approved Denied Received Referred To Motion by: Eddy Kohinke Johnson Minnix Nickens VOTE No Yes Abs b a ~ ~_ Audit Procedures Calendar of Events First audit committee meeting Inventories and cash balances Interim work performed by auditors Second audit committee meeting - Review procedures and concerns with auditors Staff closes books for year end Year end work performed by auditors Report writing done by staff and reviewed by auditors Printing of Comprehensive Annual Financial Report (CAFR's) Third audit committee meeting - Review audit findings ad management letter comments with auditors Cost Allocation Reports and CAFR's submitted to the State m~4 June 23, 1992 June 30-July 1, 1992 June 29-July 10, 1992 July 28, 1992 August 1-2, 1992 August 24-October 2,1992 September-October, 1992 October-November, 1992 November 10, 1992 November 30, 1992 1 ACTION NO. ITEM NO. ~"~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: July 14, 1992 AGENDA ITEM: Joint Worksession with the Board of Zoning Appeals COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND' The Board scheduled this worksession with the BZA to discuss issues pertaining to the proposed zoning ordinance. The Board of Zoning Appeals has been invited to offer their comments on the proposed draft and to discuss with the Board of Supervisors recent actions of the BZA. Since the last joint worksession with the BZA on September 10, 1991, the BZA has considered ten variance requests. Eighty-percent (80%) of these requests have been approved. These approvals have included front and rear setback variances, reduced road frontages, and waiver of parking lot paving requirements. Two variance requests have been denied. Each request was for a reduction in the front yard setback requirement. RECOMMENDATION' Staff recommends as follows: 1. That the Board of Supervisors hold a joint worksession with the BZA on July 14, 1992 @ S:OOpm. Respectfully Submitted, ,a ~_, z ~~ Terrance Har ngton Directo of P anning and Zoning Approved, ~~1~ ,~''--' Elmer C. Hodge County Administrator r fY- I 2 Action Approved ( ) Denied ( ) Received ( ) Ref erred to Motion by Eddy Johnson Kohinke Minnix Nickens Vote No Yes Abs 1 ACTION NO. ITEM NO. ~" AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: July 14, 1992 AGENDA ITEM: Worksession to discuss proposed 1992 Roanoke County Zoning Ordinance COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND' The Board of Supervisors scheduled Second Reading and action on the proposed zoning ordinance for August 25, 1992. At your First Reading on June 23, 1992 the Board requested a worksession on the ordinance for July 14, 1992. This worksession will be used to obtain information and discuss the remaining ordinance issues. The remaining issues include the June 23, 1992 comments of the Roanoke Regional Homebuilder's Association (RRHBA), and the suggested changes offered by Mr. Eddy in a memo dated July 6, 1992. I have attached copies of the RRHBA's and Mr. Eddy's comments for the Board review prior to the worksession. Several issues raised by the RRHBA continue to be of significant importance. The RRHBA continues to object to the separation of the approval processes for the zoning text and zoning map. They have requested that the text not be implemented until such time that the map is adopted. The RRHBA presented this issue to the Planning Commission prior to their five worksessions in April and May. The issue was thoroughly discussed by the Commission. The Commission concluded that the separation of the text and maps is critical to the successful implementation of the zoning ordinance, and that the short interim period between the adoption of the text and maps was a feasible and necessary approach to the implementation process. The interim period will allow the residents of Roanoke County to benefit from the flexibility contained in the new text while the maps are prepared and reviewed by the community, Commission and Board. The RRHBA has expressed concern that significant public ~° 2 controversy will emerge as part of the map adoption process. Although some specific property interests within the County may object to the proposed maps, (including the RRHBA) the maps will be prepared using the Comprehensive Plan's Future Land Use Plan as a guide. Historically, property owners within Roanoke County have voiced concerns over zoning map changes that did not follow the Comprehensive Plan. As our objective in this process is to implement the Plan, the staff and the Commission believe that there will be community support for most of the map changes proposed throughout the County. The Commission also discussed and concluded that the proposed interim period is a significant incentive to develop a community consensus on the proposed maps. If the implementation of the text is delayed until the adoption of the maps, Roanoke County will not have a new zoning ordinance until the maps are approved. Without the implementation of the text, there is no incentive for the community to participate and support the map adoption process. The other major issue raised by the RRHBA was the issue of average lot sizes in agricultural areas. Paul Mahoney has given you his June 23, 1992 opinion on this matter, and it need not be elaborated upon in this report. The RRHBA comments also focused on the health and safety issues associated with minimum lot sizes. Although their comments focus on the adequacy of recent health department standards, the Commission and staff approached the minimum lot size issue from the perspective of public health and safety, and from the growth management policies clearly contained in the County's Comprehensive Plan. An objective of the new ordinance is to influence the location and timing of new residential growth, regardless of the provision of public water and sewer. The staff hopes that the worksession on Tuesday will allow significant time to discuss these issues and the remaining issues that have been raised. STAFF RECOMMENDATION: Staff recommends as follows: 1. That a worksession on the proposed 1992 Zoning Ordinance be held on July 14, 1992. Respectfully Submitted, ~~/"' ,, ~,,.., e~ / .. - Terrance L. I~rrington Director of Planning and Zoning Approved, _~..~ ~~ Elmer C. H dge County Administrator r-a 3 Action Approved ( ) Denied ( ) Received ( ) Ref erred to Motion by Eddy Johnson Kohinke Minnix Nickens Vote No Yes Abs • ROANOKE REGIONAL MME ~- ~~~~®EQs ASSOCIATION Prrasid~nt Jfm Buck vier: Pritaldr+~ June 2 3 , 19 9 2 David vaupM Traasurtr Bob Feher Srrcatary Rk;kwrrtney Mr. Terrance L. Harrington Director of Planning Immrrd. Past President sob Flynn COUNTY OF ROANOKE vP/Aasoclat. Post Office Box 29800 sla Johnson Roanoke, Virginia 24018 VP/RtmodebrTM Rk:k canna Re : PROPOSED ZONING ORDINANCE Dirs~ctors Fred Baldwin Dear Terry Jim Beavers Worts Boone Kyle cook We have enclosed a copy of RRHBA's position on the June Edc~ 1992 proposed Draft of the Roanoke County Zoning Text Alien DeWeese along with a Summary of Comments . Danny Feazell cry FeazeU Je~-y. We appreciate your continued interest in soliciting our ~~~~~,1O1xie views as this zoning ordinance approval process St~~~n continues. We would like the opportunity to discuss our W~l summary of comments in more detail with the Board of I.. c.Petera Supervisors prior to the Second Public Hearing. Howiard Poage David F. Radford CMpScruOps We are pleased with the progress made to date and are Earle Shumate JonWilllams hopeful that our remaining concerns will be recognized Garyyamhe and addressed. NAHB lRa Directors Elbert Waldron Sincerely, Ron WAlard NAHB Dkactors r! •% J. T. Huddleston ~\~ [~~/~ Charles Simpson HBAV PastPrealdents Richard S. Whitney, Jr. FrmikR,Rodford Chairman, Zoning Task Force Maury Strauss Elbert Waldron HBAV Vice President R$W, JR. ~1CW lew Jamison HBAV Directors Jim Buds Bill Johnson Enclosure (s ) Jack Loeb, Jr. Steve Strauss Ls+gol Counsel David Holscher EzecutNrr VP Mek>dy Williams 1626 Appertwn Drive, Salem, VA 24153. 703-389-7135 • Fcuc 703-389,4130 efflnn+~ ~.R+h hln+i~nnl Accnrin+inn r,f I~nmca R~ iihinrc . Hnma Ri iilr'ian; Ascru~ir~tinn rf Virninir7 N-~ ROANOKE REGIONAL HOME BUILDERS ASSOCIATION Position on Proposed Zoning Ordinance for Roanoke County The RRHBA compliments both the Planning Staff and the Planning Commission for their efforts with the monumental task of a complete rewrite of the Zoning Text. The text as currently drafted goes a long way towards addressing problem areas experienced in the past, clarifying definitions, and is written and formatted in a more user friendly document. The RRHBA, however, opposes the Zoning Ordinance as currently drafted. The first and foremost concern is the timing of the implementation of the text without the Zoning Maps. We recommend that the text be approved with certain modifications but not be implemented until such time as the map has been approved and adopted. The conversion table proposed to be used will be effective to a taking of land in many circumstances until the proposed map is adopted. Although staff has indicated a two month time frame for preparing the draft map, the final approval could take many months before being adopted. Over 80$ of the land in Roanoke County is zoned R.E. or A-1 which currently allows 15000 SF lots without public utilities or 7200 SF lots with public utilities. The new zoning text would require all lots in these districts to have a minimum size of one acre regardless of utilities available. The new zoning map may resolve this inequity by rezoning some of these lands to the R-1 district. But the question and concern is when will the zoning map be adopted and how long will property (`~'_,~ Page 2 owners be severally impaired. If the map becomes controversial, the time frame for approval may lengthen and may further necessitate numerous rezoning petitions to be filed. It is essential that either a definite timeframe be adhered to in approving the zoning map, or that the Zoning Text be approved but not implemented until the Zoning Map is approved. The second major area of disagreement is with the methodology of the larger lot sizes in the agricultural districts. RRHBA agrees with lower densities in the agricultural districts, but we believe this can be handled with "Density Zoning". We recommend that the AG-1 District average 1.5 acres for the entire platted subdivision with no lot smaller than 1 acre; that the AR District average 1 acre per platted subdivision with no lot smaller than 20,000 SF, that the AV District be reduced to 20,000 SF. One reason given by Staff for larger lots is a concern about growth in areas where utilities do not currently exist. This is coupled with a concern for septic field failures. Prior to November of 1982, there was no formal testing of land located within platted lots of a subdivision. In some cases, the developer/owner had random tests made through percolation test holes which were not always accurate. After the lots were put on record and a building permit was to be secured, the Health Department went to the site and checked the soil for a septic tank permit. Thus prior to 1982, platted lots normally were subject to ~~ Page 3 Health Department review after "the fact" and sometimes approval of questionable soils was the outcome. In November, 1982, the Virginia Department of Health approved stricter regulations which dictated that drainfields be approved for each platted lot and all accompanying documentation be kept on record at each respective Health Department. These requirements were subject to all localities who had the Health Department sign the final plat. Roanoke County did not have this requirement so lots were still being platted without Roanoke County Health Department approval of drainfields prior to recordation. Not until July 1, 1988 did Roanoke County fully implement a policy for subdivision approval with on-site sewerage disposal and achieve coordination between the County and the Department of Health. Based on the above review procedures until 1988, the Roanoke Regional Home Builders Association feels that lot sizes are not the main reason for septic field failures but the lack of stringent standards for on-site sewerage disposal systems. Roanoke County now has a workable policy for subdivision approval with on-site sewerage disposal systems which additionally includes reserve areas for questionable soils which should help eliminate the problem of drainfield failures which cannot be done by simply increasing lot sizes. Additionally, RRHBA feels the County should be encouraging development in areas where the new water supply lines from the ~~ Page 4 Spring Hollow Reservoir may be extended. With additional density for lots with either sewer or water in AR Districts, development will be encouraged to utilize County water. If this is not changed, the Board may be facing numerous rezoning requests in the future once water has been extended to these areas. The remaining comments by the RRHBA are outlined on the attached "Summary of Comments". We would respectfully request that we be allowed to discuss these items in a work session with the Board of Supervisors. We feel that many of these items can be resolved satisfactorily with a two way discussion of our concerns and recommended solutions. ROANOKE REGIONAL HOME BUILDERS ASSOCIATION SUMMARY OF COMMENTS J~.. Roanoke County Zoning Text • The text and Maps should be implemented concurrently. • Change definition of Utility Services, Major to not include community water and establish specific use standards to apply. • In the AG-1 District: - Revise Frontage Requirement from 150' to 120' - Increase allowable building coverage from 10$ to 15$ - Increase allowable lot coverage from 25$ to 30$ • In the AR District: - Reduce Minimum Lot Sizes w/o sewer and water to 1 acre average size per platted subdivision - Revise Minimum Lot Sizes with sewer and water from 1 acre to 20,000 sq. ft. - Revise minimum lot size with either water or sewer to 25,000 sq. ft. - Increase allowable building coverage from 10~ to 15$ - Increase allowable lot coverage from 25$ to 30$ • In the AV District: - Reduce lot size w/o sewer and water from 1 acre to 20, 000 sq. ft. - Reduce lot size with either sewer or water, or both from 20,000 sq. ft. to 15,000 sq. ft. - Reduce front yard setback from 35 to 30 feet • In the R-~ District: - Reduce lot size with sewer or water from 20,000 sq. ft. to 15,000 sq. ft. - Allow accessory structure height to 25' provided setbacks for main structure are used • In the R-2 District: - Reduce lot size with sewer or water from 20,000 sq. ft. to 15,000 sq. ft. - Allow accessory structure height to 25' provided setbacks for main structure are used SUMMARY OF COMMENTS Page 2 ~/- ~, • In the R-3 District: - Reduce lot size with sewer or water from 20,000 sq. ft. to 15,000 sq. ft. - Allow accessory structure height to 25' provided setbacks for main structure are used • In the R-4 District: - Reduce lot size with sewer or water from 20,000 sq. ft. to 15,000 sq. ft. - Allow accessory structure height to 25' provided setbacks for main structure are used • For Townhouse developments: - Review and revise building and lot coverage requirements - Recommends changing the minimum lot size and building and lot coverage. Ext. Interior Lot Bldg. Lot Lot Size Size Coverage Coverage R-2 R-3 1800 2300 40 65 R-4 • In the Screening, Landscaping and Buffer Yard provisions: - Reduce the 10$ landscaping requirement for parking areas to 5$ • For Zero Lot Line Option: - Change minimum side yard opposite the zero yard from 20 feet to 10 feet • Opposed to deleting restaurant, drive-in and fast food and convenience stores as an allowed use on property currently zoned B-2 or B-3 s " `" MEMO - 7/6/92 To: Supervisors Froms Lee 8. Eddy Subject: Work Session - Zoning Ordinance After further consideration of my "laundry list" memo of 6/22/92, Jon Hartley's response of 6/23/92, and Rick Whitney's letter to Terry Harrington dated June 23, 1992, I offer the following list of major, potentially controversial topics for discussion at the zoning ordinance work session on 7/14/92. Many of these issues stem from the position of the Roanoke Regional Home Builders Association (RRHBA). Inclusion of any item in this list does not necessarily mean that I favor or oppose it, only that it is an appropriate topic for discussion: 1. Delay the effective date of the new ordinance until the revised map is prepared. The Planning Commission and staff position, and the Board's 1st reading, are based on adopting the text on 8/25/92 and applying the new district requirements to the existing map as follows, until the new map is adopted: Existing Map New Text A-1 AG-1 RE ~ R-1 R-1 R-2 R-2 R-3, R-4, R-5, R-6 R-3 R-MH R-~ B-1 C-1 B-2, B-3 C-2 M-1 I-1 M-2, M-3 I-2 2. Eliminate or modify the proposed maximum depth-to-width ratio of 5:1 for lots in AG-3 and AG-1. 3. In agricultural districts use "average" rather than "minimum" lot sizes. For comments see Paul Mahoney's memo of 23 June, 1992. 4. Reduce minimum lot sizes as follows, as proposed by the RRHBA. "N/C" denotes no change (1 acre=43,560sf):~, Water & Sewer Water or Sewer No Water or Sewer District ------- Text -------- RRHBA -------- Text -------- RRHBA Text RRHBA AR 1 acre 20,OOOsf 1 acre -------- 25,OOOsf -------- 1 acre -------- 1 ac.av. AV 20,OOOsf 15,OOOsf 20,OOOsf 15,OOOsf 1 acre 20,OOOsf R-1 7,200sf N/C 20,OOOsf 15,OOOsf 32,670sf N/C R-2,3,4 7,200sf N/C 20,OOOsf 15,OOOsf 32;670sf N/C 5. Reduce minimum lot sizes in AG-3 to less than 3 acres, and in AG-1 to less than 1.5 acres. 6. Reduce lot frontage requirement in AG-1 from 150 to 120 feet. i~ .. ~. --~ n-a~ 7. Yncrease allowable building coverage from 108 to 158, and allowable lot coverage from 258 to 30$, in districts AG-1 and AR. 8. In districts R-1, R-2, R-3 and R-4 change the maximum allowable height of accessory structures from 15 feet to 25 feet if the same setbacks are observed as for the main structure. 9. Change the minimum lot sizes and maximum coverages for townhouses, as follows: Interior Lots (sf) Zone ---- Text RRHBA R-2 ------ - 2000 ------ 2000 R-3 2000 1800 R-4 1600 1600 End Lots (sf) Text RRHBA 2500 2500 2500 2300 2500 2100 Bldg. Coverage Text RRHBA 308 358 358 408 358 458 Lot Coverage Text RRHBA 508 608 608 658 758 708 10. Allow R-4 buildings to be taller than 45 feet (or 60 feet if side and rear yards are increased). 11. Reduce landscaping requirements in large parking lots from 108 to 58. 12. In one agricultural zone (AG-3 or AG-4) prohibit all uses other than bona fide farming, forestry or recreation, as a way to guard the County's steep and remote lands against incompatible or uneconomic development. 13. Change private kennels in R-1 from a permission by right (1 acre minimum) to a special use permit. copy: Elmer Hodge, Paul Mahoney, Terry Harrington 4 ~; MEMO - 7/6/92 ::.To: Terry Harrington From: Lee B. Eddy Subject: Minor Modif cat ons - Zoning Ordinance As a result of my memo of 6/22/92 and Jon Hartley's response of 6/23/92, I would like to see the following minor revisions made to the draft of the proposed zoning ordinance dated June, 1992. Page Section Change ---- --------- -------------------------------------------------- 5 10(A)3 Include forestry operations as an exception. 14 21(B),fC) Allow the Administrator discretion to permit additional time for "structural" corrections. 34 29-1 WAYSIDE STAND: Allow for sale of goods produced on nearby property. 49 32-3(B)l.a Allow an exception for alterations or expansions to existing structures. Same for AG°1 & AR. 145 85-8(A)4 Allow bed & breakfast guests to stay 30 nights. 146 85-9(A)10 Same for campgrounds. 170 91-2(A)1 Allow a screened storage area for boats and recreational vehicles in multi-family projects. 204 94(A) Delete the 2nd line of the introductory sentence. Respond to complaints in residential areas. Please call with any questions. copy: Supervisors, Elmer Aodge r r ACTION # ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: July 14, 1992 AGENDA ITEM: Work Session - Sanitary Sewer Evaluation/Rehabilitation (SSE/R) COUNTY ADMINISTRATOR' S COMMENTS : ~ ~ .~~~'`~~ ~~~~ BACKGROUND: The work session is scheduled to explain the SSE/R Program and to discuss implementing the part of the program dealing with private sewer laterals and connections located on private property. DISCUSSION' (1) Staff will discuss the overall SSE/R Program as outlined on the attached description sheet. (2) Staff will discuss the issues raised at a May 1992 meeting with citizens in the Penn Forest sewershed concerning inspection of private laterals. These issues are: (a) adequacy of public sewer facilities serving their area, (b) reliability of work performed by County in 1986/87 SSE/R work in their area, (c) infiltration/inflow from buildings and laterals are not creating problems, (d) property owner should not be responsible to correct a problem created by prior owner or contractor. (3) Staff will present results of re-testing conducted on the public sewer lines in the Penn Forest sewershed. (4) Staff will present video tape showing the high quantity of infiltration introduced into the sewer system by improper connections within private property. ~ y /Y-3 (5) Staff will discuss in detail how inspection of private sewer laterals and connections could be conducted. (6) Staff will discuss a time frame in which property owners would be given to correct improper connections to the sewer system. SUBMITTED BY: Cliffo aig, P.E. Utility Director APPROVED: y~ f ~~ ,~~ p-cJ~j Elmer C. Hodge County Administrator o~ ROANp,~.~ ~ C~~~n~ ~~ ~,a~~t~r~~ J :, '.ate UTILITY DEPARTMENT SANITARY SEWER EVALUATION/REHABILITATION PROGRAM ROANOKE COUNTY UTILITY DEPARTMENT July 1992 program Description The Sanitary Sewer Evaluation/Rehabilitation (SSE/R) Program was started in July, 1986, in order to reduce the infiltration and inflow (I/I) of non-sewage water into the sanitary sewer system. The reduction of I/I will accomplish the following: 1. Reduce the sewage treatment cost by eliminating non-sewage water from the sewer system. 2. Increase the amount of actual sewage that can be carried and treated by the existing sewers and treatment plant. This will allow us to use all of the actual capacity in the sewer lines and the treatment plant, thereby, eliminating the need for costly upgrade of these facilities in order to transport and treat non-sewage waters. 3. Reduce the possible amount of liquid that could back up into homes when there is a blockage of a sewer line. Although routine maintenance is performed to keep the sewers in good condition, and prevent blockages that may create sewer backup into homes, blockages and subsequent backup will occur by sewer line breakage or by improper objects being thrown into the sanitary sewer. The less I/I within the system, the less sewage that can be backed up into a home if a blockage occurs. 4. Reduce the overflow of sewer manholes and overloading of the sewage treatment plant, both of which create health and water pollution concerns. How Sanitary sewer Systems are Designed Sanitary sewer systems are designed to carry domestic sanitary sewage only. There are no storm water sewers connected to the sanitary sewer system in Roanoke County. The connection to a sanitary sewer of industrial wastes or any item except domestic sanitary sewage is prohibited by both Federal and State law as well as County Ordinance. 1206 KESSLER MILL ROAD • SALEM. VIRGINIA 24153 <703) 387-6104 ® Printed on Recycled Paper n3 The sewer line to which your home is connected is designed to carry peak sewer flow for each building that is connected as well as allowable infiltration from manholes and pipe joints. Why do Sewer Surcharge, Overflow and Backup Occur? Most all sewer surcharge, overflow or backup into homes is caused by excessive inflow and infiltration of surface and ground water into the sewer system. Only a small portion of these problems are caused by a sewer line itself. When a stoppage occurs, repairs can usually be made in sufficient time that actual backup into homes does not occur. However, when the I/I into the system is high during a wet period, the backup will occur much faster since there would be much more flow within the sewer system. How does Surface and Ground Water get into the Sanitary Sewer System? Inflow is the direct introduction of ground or surface water into a sanitary sewer system. Inflow comes from the following sources: 1. Through the top of a manhole which is located in a poor drainage area or in a stream. 2. Broken sewer lines along or in a stream. 3. Downspout connections to a sewer lateral. 4. Foundation drains connected to a sewer lateral. 5. Areaway or carport drains connected to a sewer lateral. 6. Uncapped sewer cleanout located in water runoff area. 7. Sump pump discharge of ground water into sanitary sewer. Infiltration is the leaking of ground or surface water into a properly constructed sewer system. Infiltration comes from the following sources: 1. Leaking joints in a sewer line. 2. Cracks in sewer lines or manholes. 3. Loose joints at connection of lateral and sewer line. 4. Cracked or broken sewer lateral. 5. Basement wall leaking and flowing into floor drains. 6. Modified floor drains that collect ground water. How the SSE/R Program will Reduce I/I into Sewer System The following sequence of testing and repairs are used to find the problem areas and make corrections: 1. Flow monitoring is done to determine the amount of I/I and the sewer section which indicates the problems. Most flow monitoring is by the same sewer flow meters used for billing purposes with the Cities. 2. A visual inspection is made of all manholes, frames and covers to determine if replacement, sealing, raising or a water tight cover is required. The necessary repair is then scheduled and completed. ~. 3. Smoke testing is accomplished to determine areas of breaks or improper connection. This is done by blowing smoke into a sewer line and checking areas along the ground, drain pipes, or house connections to see if the smoke is present indicating a major problem within the sewer system. All problem areas within the public sewer system will be scheduled and repaired. Problems indicated within a private lateral or house connection will be required to be corrected by the owner. 4. All sewer lines will be rodded to remove roots or other material and cleaned with a high pressure jet/vacuum system. 5. All sewer lines will be inspected internally with closed circuit TV. A special TV camera along with testing and repair equipment are lowered into a manhole and pulled through the sewer line. The joints are pressure tested with the test equipment and if they indicate leakage, they are repaired by pressure grouting. The TV camera and associated equipment are operated remotely by an operator in the TV truck. The TV is recorded on tape and further reviewed in the Utility Office to determine the general condition of the sewer line. If the sewer line is in poor condition, it will be scheduled for replacement. If the sewer line cannot be sealed by grouting from within, then it will be replaced with a new line of the same size. 6. When the public sewer has been completed for a sewershed, I/I from building sewer laterals will be evaluated by the following methods. A. Installation of cleanout and TV inspection of sewer lateral. B. Smoke testing of individual laterals. C. Visual inspection of internal plumbing connections. D. Dye testing of areaway, carport, and downspout drains. E. Dye testing of foundation drains. F. Notice will be given to the owner to remove or correct an improper connection or leaking sewer line. G. Re-inspection will be made using the same methods listed above to insure that corrections have been made. Whv not Install Larqer Sewer Lines to Carry the Extra Flow Created by the I/I? The installation of larger sewer lines that would be sized to carry the extra flow created by the I/I would simply move the problem further downstream. That would mean that all sewer lines would have to be oversized and the sewage treatment plant would have to be expanded. Without going into detailed cost analysis, it can be shown that the construction and treatment cost associated with conveyance and treatment of I/I would require an increase in your sewer bill that would result in it being at least six times greater than it presently is. Even if it were cost effective to carry and treat I/I, the planned conveyance and treatment of excessive I/I by a sewer system is prohibited by both Federal and State law. ~7- 3 How the SSE/R Program is Funded The SSE/R Program is paid for by the users/residents that are connected to the sewer system. There are no County tax dollars used to fund the SSE/R Program in Roanoke County. All costs are paid out of the Sewer Utility Fund which receives money from your sewer connection fees and your quarterly sewer bills. A portion of your sewer bill represents what is called funded depreciation. These funds are used to pay for the SSE/R program. How are the Areas Selected in which the SSE/R Program is Conducted The SSE/R Program is a continuing program that will be conducted on all sanitary sewers within Roanoke County. It is anticipated that it will take approximately ten years to do all the sewer in the County. The County sewer system is divided into what is called sewersheds. A sewershed consists of all sewers that flow from a particular drainage area toward the sewage treatment plant. In general, the sewers flow in the same direction as the storm water would flow. Each sewershed flow is metered at the point it connects to major sewer interceptor lines such as the Roanoke River Interceptor or the Tinker Creek Interceptor. The sewer flow metering is recorded on a chart recorder and can be used to evaluate the amount of I/I that is entering from any particular sewershed. The data from the sewer meters along with the frequency of manhole overflow, surcharging sewers and backup are used to prioritize the sewershed for the SSE/R Program. Current Schedule for SSE/R Using the above data, the current schedule for the sewersheds was tentatively set through 1996 as follows: 1. Back Creek sewershed A. Penn Forest area south of between Chaparral Drive October 1986. Completion October 1987. "The Forest" Subdivision and and Meadowlark Road, started of public sewer portion was 2. Murray Run sewershed A. Area starting at Hunting Hills Golf Course and ending below the Green Valley sub-area where the Murray Run Interceptor enters the City of Roanoke. Started July 1987, completed public sewer portion by November 1989. /y-3 3. Mud Lick Sewershed - Started in June 1989, with estimated completion in 1996. A. Castle Rock Sub-main B. Colonial Avenue to Brambleton Avenue C. Southwoods Sub-area D. Nottingham Hills to Cresthill E. Sugar Loaf Mountain Road to Route 419 F. Other areas as flow monitoring indicates The SSE/R Program is started at the highest elevation within the particular sewershed or sub-area. The testing, evaluation, and repairs are made as the crew proceeds. It is not possible to predict how long it may take the SSE/R crew to complete a particular section of sewer and therefore, it is not know exactly when your particular sewer will be scheduled. The current plan is to notify you approximately one month before the SSE/R crew will be working on the sewer line to which you are connected. However, please keep in mind that one area will be completed before the next area is started. Any schedule that is set for the SSE/R crew to be working the sewer to which you are connected is only approximate and will vary according to the work required in previous areas. This does not mean that you will have to wait for a schedule in order for a sewer problem to be corrected in your area. The above schedule is for the SSE/R Program. The County has a separate sewer maintenance crew that does the daily routine maintenance and operation of the sewer system. Any specific problem noticed within the sewer system will be immediately corrected by the sewer maintenance crew. What you can do to reduce Infiltration and Inflow (I/I) into the Sanitary sewer System: Since you, as a property owner, are paying for all sewer installation, maintenance and sewage treatment costs, it is in your best interest to insure that there is no inflow and minimum infiltration into the sanitary sewer system. You can do this by: 1. Do not connect your roof drains, (downspouts) to the sewer system. If they are connected, disconnect them and provide a means for the downspout to drain to a natural drainage way or dry-well constructed on your property. 2. Do not connect a sump pump discharge to the sanitary sewer system unless it is only used to discharge a washing machine. 3. Do not permit water from a leaking basement wall to enter floor drains that are connected to the sanitary sewer. If the leaking wall cannot be waterproofed, or grading of the lawn will not prevent the wall from leaking, the floor drains should be disconnected from the sanitary sewer and a sump pump installed to discharge the drain water to a natural surface drainage way. 4. Disconnect any basement areaway drain or carport drain from the sanitary sewer and provide a method to discharge this water to the surface. 5. Disconnect foundation drains from the sanitary sewer system. Do not permit anyone to connect the foundation drain to the sewer system. Foundation drains should either be connected to a dry well or drain to the surface. If neither of these methods can be done, then the foundation drain should be connected to a sump pump and discharged to a natural surface drainage way. 6. Notify the County Utility Department when you notice other people making improper connections to the sanitary sewer, or if you notice any part of the public sewer system that is being flooded by surface water or that has been damaged so as to permit surface water into the system. Conclusions about the SSEJR Program The work that has already been completed as part of the SSE/R Program indicates that this program has significantly reduced the infiltration and inflow into the sanitary system. The SSE/R Program is cost effective and will continue within Roanoke County. It is in everyone's best interest that the I/I into the sanitary sewer system be reduced to the lowest possible amount in order that the cost of sewer service be kept reasonable. It is irresponsible and illegal for anyone to knowingly introduce surface or ground water into the sanitary sewer system. Although these improper connections may solve a leaking basement wall or other drainage problems a person may have at their home, it is done at the expense of their neighbors, who will have sewer backup and higher sewer bills. The County of Roanoke is committed to provide the best possible sanitary sewer service at the least cost to the users. The SSE/R Program is part of this commitment. The County will use all sewer resources available to insure the I/I within the public sewer system is at a minimum. The County will Also take the action deemed necessary to require property owners to make necessary corrections to their individual sewer collection systems that may be required to remove the infiltration and inflow into the sewer systems. The County staff is available to discuss the SSE/R Program with you and your neighbors or association. If you have any questions or would like the staff to speak to your group, contact the Utility Department at 387-6104. ~- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 14, 1992 RESOLIITION 71492-13 OF INTENT TO COMPLY WITH THE PROVISIONS OF THE AMERICANS WITH DISABILITIES ACT WHEREAS, the Congress and Senate of the United States of America has passed the American with Disabilities Act of 1990 (ADA), this law intends to eliminate discrimination against people with disabilities in all aspects of American life; and WHEREAS, the American with Disabilities Act of 1990 requires units of local government to comply with the provisions set down by the Act, these provisions covering employment, providing government services, public transportation, public accommodations, and telecommunication opportunities for disabled Americans. NOW THEREFORE BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY: That Roanoke County will work toward full compliance with the provisions set down in the Americans with Disabilities Act of 1990. That Roanoke County will begin a transition plan to identify and describe all structural changes and architectural barrier removal projects. This plan will be completed by July 26, 1992. That in compliance with the Americans with Disabilities Act, Roanoke County will begin the required self-evaluation of programs, services, and activities to be completed by January 26, 1993. That Roanoke County will develop a procedure to oversee ADA compliance, handle complaints, and seek comments from interested groups and individuals. That Roanoke County shall not discriminate on the basis of disability in any employment action. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None A COPY TESTE: /J ~Q~ ~. Mary H. Allen, Clerk Roanoke County Board of Supervisors cc: File John Chambliss, Jr., Assistant County Administrator, and Coordinator, Americans with Disabilities Act D. Keith Cook, Director, Human Resources Gardner W. Smith, Director, General Services ACTION NO. ITEM NUMBER ~' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: July 14, 1992 AGENDA ITEM: Work Session to Consider the Transition Plan for Compliance with the Americans with Disabilities Act. COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: The Federal legislation known as the Americans with Disabilities Act became effective January 26, 1992. As of that date, all new facilities and programs must provide access to persons who have physical or sensory disabilities. For existing facilities, the Act requires the preparation of a Transition Plan which schedules modifications required in our infrastructure to remove physical barriers. This plan must identify the barrier, describe the method of removing or dealing with the barrier, give an estimated cost, date, and responsible party to handle the project. This plan must be adopted by July 26, 1992 and must be completed by January 26, 1995. In addition to the Transition Plan, the Act requires the entity to review it's employment practices so as not to discriminate against employees or applicants with disabilities and also to review it's programs and methods of doing business so as not to preclude persons with disabilities from normal participation. Compliance with the Act does not necessarily mean a large expenditure of dollars to provide physical conveniences, but may accommodate the person through the relocation of a service or by moving the event to an accessible location. Staff also suggests adoption of the attached resolution indicating the County's intent to comply with the Americans with Disabilities Act. In the very near future, County publications for hiring opportunities, agenda for public meetings, or publication of public information should include a statement of our willingness or ability to accommodate these needs upon proper notice by the disabled party (signer, braille copy, etc). The enclosed transition plan has been prepared by County staff who have reviewed each facility used by the County for compliance with the Act. As the use of each facility is changed, there may be other corrective measures which are required which are not r-~ evident today. Also, should one of our existing employees develop a disability or should we hire a person who cannot be accommodated within the existing building, other considerations may be required or the timetable for change may need to be modified. $25, 000 was included in the 1992-93 budget to begin compliance with the Act and another $41,600 was included in the proposed bond referendum to address access needs. It is suggested that $18,385 of the $25,000 appropriation be used to upgrade the signage, telephone, and door operations in the County owned buildings during the current fiscal year. The balance would be used to modify buildings to accommodate the access needs of new hires where appropriate. The balance of the monies needed for the compliance with the Act should be appropriated over the next two fiscal years. This request will become a part of the normal budgetary process. There are several buildings or areas within buildings which the Committee does not suggest making accessible in accordance with the Act. These areas are not normally programmed for use by persons lacking mobility and there are other County facilities which provide access to such needs. In some instances, accommodation will be made by meeting with the person at an accessible point or by altering the program. FISCAL IMPACT• $25,000 •is included in the 1992-93 budget to begin implementation of the Act and $41,600 is included in the proposed bond referendum to provide access to certain facilities. RECOMMENDATION' Staff suggests the adoption of the enclosed Transition Plan as it may be modified and authorization to begin using the $25,000 appropriation as noted. Appropriation requests for the next two fiscal year budgets will be submitted as a part of the normal budget process. Staff also requests adoption of the attached resolution indicating the County's intent to comply with the Act. Respectfully submitted, Approv by, f John M. Chambliss, Jr. Elmer C. Hodge Assistant Administrator County Administrator ---------------------------------------------------------------- - ACTION VOTE Approved ( ) No Yes Abs Denied ( ) Received ( ) Referred ( ) To ( ) Motion by: Eddy Johnson Kohinke Minnix Nickens r-~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON JULY 14, 1992 RESOLUTION OF INTENT TO COMPLY WITH THE PROVISIONS OF THE AMERICANS WITH DISABILITIES ACT WHEREAS, the Congress and Senate of the United States of America has passed the American with Disabilities Act of 1990 (ADA), this law intends to eliminate discrimination against people with disabilities in all aspects of American life, and WHEREAS, the American with Disabilities Act of 1990 requires units of local government to comply with the provisions set down by the Act, these provisions covering employment, providing government services, public transportation, public accommodations, and telecommunication opportunities for disabled Americans. NOW THEREFOR BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY: That Roanoke County will work toward full compliance with the provisions set down in the Americans with Disabilities Act of 1990. That Roanoke County will begin a transition plan to identify and describe all structural changes and architectural barrier removal projects. This plan will be completed by July 26, 1992. That in compliance with the Americans with Disabilities Act, Roanoke County will begin the required self- evaluation of programs, services, and activities to be completed by January 26, 1993. That Roanoke County will develop a procedure to oversee ADA compliance, handle complaints, and seek comments from interested groups and individuals. That Roanoke County shall not discriminate on the basis of disability in any employment action. /v-Y COUNTY OF ROANOKE AMERICANS WITH DISABILITIES ACT TRANSITION PLAN JULY 14, 1992 SCOPE OF THE COMMITTEE The County Administrator has appointed John Chambliss, Assistant County Administrator as coordinator of the County's efforts in the implementation of the Americans with Disabilities Act. A Committee of County employees is working in three service areas to ensure compliance with the various provisions of the Act. The Programs Sub-committee will meet with each department of the County to review operations and our means of accommodating persons with disabilities for each program. Accommodation may be accomplished as easily as providing communications aids to assist the person, by permanently moving a meeting location to an accessible point or providing a point of service on an individual basis which does not violate the rights or ability to participate of the individual. The Employment Practices Sub-committee is reviewing the interviewing and hiring practices of the County to ensure that we are in compliance with the intent of the Act. This review includes the physical examinations or other testing required for the filling of certain positions and the sequence in which the events occur. Also, if a person with a disability is hired, to help ascertain the method of providing necessary accommodations for proper job performance. The Transition Plan is prepared as a review of each facility operated by the County to identify and mitigate physical barriers which may prevent the convenient use of our facilities by all segments of the population. There may be instances where it is not practical to modify structures to allow wheelchair access to all points of the building. Some of these may be accommodated by taking the service to the person. In other instances, programs may need to be relocated. There may also be certain facilities which do not need to be accessible to persons in wheelchairs based on the type of work being performed. TYPES OF FACILITIES County Owned Buildings These buildings are owned and operated by the County and are the responsibility of the County for purposes of complying with the intent of the Act. 1 School Owned Buildinas used by the Count Structural improvements to these buildings are the responsibility of the building owner (School Board) and internal adaptations (shelving, counter height, etc) would be the responsibility of the using party. Leased Buildinas Structural improvements to these buildings are the responsibility of the building owner and internal adaptations (shelving, counter height, etc) would be the responsibility of the using party. SUGGESTED MODIFICATIONS Signage ADA approved signs utilizing uniform lettering as well as Braille coding for directional signs, informational signs, and points of service for the interior and exterior of buildings. Counters Providing counters and service areas of appropriate height to accommodate persons in wheelchairs as well as ambulatory persons. Doors Maintaining properly adjusted doors which can be easily negotiated by a person in a wheelchair. Thresholds must be level. Doors must be of the proper width and have hardware (such.as lever style locksets) which is compatible to a disabled person. Restroom modifications Provide handicap accessible restroom facilities which provide suitable space for negotiating with a wheelchair, have properly mounted hardware (including grab rails, mirrors, tissue and towel dispensers), piping under the sinks insulated to prevent burning by hot water in the pipes, and stalls where necessary for appropriate privacy. Elevator In instances where operations occur above the ground level floors, elevators or lifting devices shall be considered, particularly if the facility is regularly used by the visiting public as well as for potential hires and existing employees who may experience disabilities. In many instances, the need for elevators may be avoided by providing alternative service methods at an accessible location or taking the service to the person. 2 n-~l Handicap parking, curb cuts, walkways, railings, and ramping Adequate parking spaces for disabled persons should be provided for each facility. The area from the parking area to the building entrance should be smooth and unobstructed. Ramps should have a rise of no more than one inch vertical for each one foot horizontal run with appropriate hand railings. Water Coolers Water Coolers should be mounted to allow ease of use by a person in a wheelchair or there should be cup dispensers available which would allow a disabled person to use this facility. Pathways Areas between the parking area in park facilities and the restroom or picnic shelter should have a pathway suitable for negotiation by a wheelchair or disabled person. The surface should be smooth, unobstructed, and of a suitable grade (similar to the conditions for a ramp). SUGGESTED FUNDING The Board of Supervisors included $25,000 in the 1992-93 fiscal year budget to begin implementation of the plan. Staff suggests that $18,385 of this amount be utilized to install signage, modify telephones, and adjust doors as the first phase of implementation. The balance of $6,615 could be used to make modifications required for newly hired employees or ,existing employees who may become disabled. Any unused portions of these monies would be used to continue down the list of priorities in the subsequent year. These items should be completed by July 1, 1993. $41,600 was included in the proposed bond referendum to provide access to park related facilities. If the Bond referendum is approved, these monies should become available so as to allow these improvements to occur during the 1993-94 fiscal year. If the referendum is not approved, these monies will need to be appropriated in the subsequent year as well as monies to cover major renovations to the existing Hollins Library facility which have not been addressed within this plan. An estimated $136,886 will be required between July 1, 1993 and January 26, 1995 to complete the repairs to County owned buildings. It is suggested that $56,886 be appropriated for the 1993-94 fiscal year and $80,000 for the 1994-95 fiscal year. This would address all of the improvements except the elevator for the Public Safety Center on Peters Creek Road during the 1993-94 fiscal year. With respect to leased facilities, staff will negotiate with the building owner to mitigate the structural needs of the facilities and staff will address the internal operational items 3 rr-H (included in the projected costs above). It should be noted that the staff is considering alternative space at the present time and some of the indicated improvements may not become necessary. There are several leased facilities used only one day per year by the registrar's office. Suggestions for improvement to these sites will be forwarded to the building owner for their consideration, however, the buildings in their present condition are adequate for meeting the needs of the voting public through the use of absentee ballots or by having an election official assisting the individual. FACILITIES WHICH WILL NOT BE MODIFIED Outlined below are facilities used by the County which staff suggests not to be modified. We have provided the rationale for making the suggestion and ask for the concurrence of the Board of Supervisors. Roanoke County Administration Center The Procurement Office is not accessible to the handicapped and it would be too costly to equip this one area with an elevator. Arrangements will be made to meet with disabled persons in the Community Room or in a vacant office. Also, public meetings such as bid openings will be scheduled in accessible locations. Each of the three floor levels are accessible from ground level entrances, however, there is no elevator to travel from floor to floor. It is suggested that we consider deputizing other employees to accept payments or transact business to minimize the amount of travel between floors by disabled persons. Public Service Center (Kessler Mill RoadZ The offices of the Department of General Services are not accessible from the outside and require travel through the building. Monies are included to improve this condition, however, the hiring of a disabled person may require more extensive renovation including another handicap restroom. The communications shop would require extensive renovations including excessive ramping and handicap restroom accommodations. No modifications are requested at this time. ** Public Safety Center (Peters Creek Road An elevator is suggested for the 1994-95 fiscal year to allow disabled persons access to the second floor. This facility contains Police, Fire and Rescue, Communications Dispatchers and Data Processing personnel. Should the County hire a person for one of these positions earlier, we may need to modify this plan or provide for the elevator earlier to accommodate this need. 4 n~-Y Jail Upstairs restrooms are not handicap accessible, however no modification is suggested as handicap provisions are located elsewhere in the building. Sheriff's Office (Clay Street) The entire area beyond the front reception area is not accessible and because of the location of load bearing walls, it is not practical to alter the space. Accommodation can be made by meeting with the individual in other parts of the building or in other facilities. There are no handicap restroom facilities. Headquarters Library Building (419 The second floor of this building is not accessible to disabled persons. Meeting rooms and office areas on the ground floor could be utilized for disabled patrons or employees to accommodate this need. Mt. Pleasant Librarv There are no restroom facilities or water coolers located in the space occupied by the Library. Restrooms and other structural alterations would be the responsibility of the building owner (School Board). Hollins Librarv This facility has not been included in the survey because it is included in the proposed bond referendum. Should the bond referendum fail, extensive renovations would be required to bring this facility into compliance. Ogden Recreation Center The rear building of this complex is not accessible to the disabled. No programming will be scheduled in this facility which requires such access and no structural modifications are suggested in this plan. The facility condition does not warrant the capital outlay that would be required to bring this facility into compliance. Catawba Recreation Center Although this facility is owned by the County, we do not program its use. Staff suggests not modifying this facility and to consider disposing it when appropriate. Health Department - Vinton Office This building is owned by the Town of Vinton and is leased to the Health Department. Hallways and doors are too narrow, access is not available to the second floor except by stairs, and there are numerous other modifications which would be required to make this facility come into compliance. Staff will discuss its findings with the building owner for consideration. 5 n-~ Social Services (Leased Space at Salem Bank and Trust Building) The elevators in this building are too small and may not be practical for renovation. The restroom on the fourth floor has double doors making it difficult for a disabled person to enter. These conditions will be discussed with the building owner for appropriate action. Public Safety Building #11 - Back Creek The second floor of this building is not accessible to the disabled and it is not cost effective nor is there demonstrated need to provide an elevator for this access. Public Safety Building #7 - Clearbrook The restrooms, water cooler, and second floor area are not accessible to the disabled. Staff feels that it is not cost effective nor is there a demonstrated need to make these areas accessible at this time. Rescue Building #3 - Cave Spring Access to the second floor available only by going outside. Staff does not suggest an elevator to make interior access available. Public Safety Building #10 - Mason Cove The restrooms are not accessible and there is not enough room to modify them. Also the meeting room which is used by the Community has not been included in this survey. Public Safety Building #3 - Cave Spring Fire The second floor is not accessible to the disabled and it is not cost effective nor is there a demonstrated need to provide an elevator for this purpose. Public Safety Building #5 - Hollins The Day Room and office area is located on an elevated area and the meeting room is in the basement. Disabled persons do not have access to either of these facilities. Disabled persons would not be performing normal daily functions for the Fire and Rescue Service from this facility and other meeting space is available in the immediate area. It is not cost effective nor practical to make these areas accessible. Public Safety Building #8 - Bent Mountain Major structural renovations and modifications would be required to make this facility fully accessible and there is not a demonstrated need to make this costly change. Public Safety Building #9 - Fort Lewis The Day Room and office area is located on an elevated area and the meeting room is in the basement. Disabled persons do not have access to either of these facilities. Disabled persons would not be performing normal daily functions for the Fire and 6 /y"'~ Rescue Service from this facility and other meeting space is available in the immediate area. It is not cost effective nor practical to make these areas accessible. Oak Grove Park Restrooms are not handicap accessible and cannot be modified due to the physical size of the structure. Do not suggest modifications to this site. Mt. Pleasant Park Restrooms are not accessible by wheelchair due to location at top of hill. Do not suggest modification of this facility. COSTS AND FUNDING Current appropriation $ 25,000 1993-94 appropriation 56,886 1994-95 appropriation 80,000 Bond Referendum 41,600 Total County Share of Costs $203,486 7 f~-V RECOMMENDATION Staff recommends adoption of this Transition Plan as presented. The request for appropriation for subsequent fiscal years and the monies included in the bond referendum will be requested in the normal budget process. Staff also suggests. adoption of the Resolution of Intent to Comply with the Provisions of the Americans with Disabilities Act to show the County's good faith efforts to comply with the legislation. Copies of these documents will be available through the Office of the Clerk to the Board of Supervisors. Questions or complaints may be addressed to the Coordinator for the implementation of the provisions of the Act (Assistant County Administrator). Future information to be presented to the Board of Supervisors includes the appointment of a local Disabilities Services Board as soon as the provisions are promulgated by the State. This Board needs to be appointed by November 1, 1992. Periodic updates will be provided to apprise the Board of progress towards the completion of this Transition Plan as well as implementation efforts in the areas of Programming and Employment Practices. Respectfully submitted, ohn M. Chambli s, Jr., Coordinator Implementation Committee Americans with Disabilities Act 8 N-4 AMERICANS WITH DISABILITIES ACT TRANSITION PLAN FOR THE COUNTY OF ROANOKE HEART OF THE BLUE RIDGE COUNTY OF ROANOKE AMERICANS WITH DISABILITIES ACT TRANSITION PLAN JULY 14, 1992 SCOPE OF THE COMMITTEE The County Administrator has appointed John Chambliss, Assistant County Administrator as coordinator of the County's efforts in the implementation of the Americans with Disabilities Act. A Committee of County employees is working in three service areas to ensure compliance with the various provisions of the Act. The Programs Sub-committee will meet with each department of the County to review operations and our means of accommodating persons with disabilities for each program. Accommodation may be accomplished as easily as providing communications aids to assist the person, by permanently moving a meeting location to an accessible point or providing a point of service on an individual basis which does not violate the rights or ability to participate of the individual. The Employment Practices Sub-committee is reviewing the interviewing and hiring practices of the County to ensure that we are in compliance with the intent of the Act. This review includes the physical examinations or other testing required for the filling of certain positions and the sequence in which the events occur. Also, if a person with a disability is hired, to help ascertain the method of providing necessary accommodations for proper job performance. The Transition Plan is prepared as a review of each facility operated by the County to identify and mitigate physical barriers which may prevent the convenient use of our facilities by all segments of the population. There may be instances where it is not practical to modify structures to allow wheelchair access to all points of the building. Some of these may be accommodated by taking the service to the person. In other instances, programs may need to be relocated. There may also be certain facilities which do not need to be accessible to persons in wheelchairs based on the type of work being performed. TYPES OF FACILITIES County Owned Buildincts These buildings are owned and operated by the County and are the responsibility of the County for purposes of complying with the intent of the Act. 1 School Owned Buildinqs used by the County Structural improvements to these buildings are the responsibility of the building owner (School Board) and internal adaptations (shelving, counter height, etc) would be the responsibility of the using party. Leased Buildinqs Structural improvements to these buildings are. the responsibility of the building owner and internal adaptations (shelving, counter height, etc) would be the responsibility of the using party. SUGGESTED MODIFICATIONS SignaQe ADA approved signs utilizing uniform lettering as well as Braille coding for directional signs, informational signs, and points of service for the interior and exterior of buildings. Counters Providing counters and service areas of appropriate height to accommodate persons in wheelchairs as well as ambulatory persons. Doors Maintaining properly adjusted doors which can be easily negotiated by a person in a wheelchair. Thresholds must be level. Doors must be of the proper width and have hardware (such as lever style locksets) which is compatible to a disabled person. Restroom modifications Provide handicap accessible restroom facilities which provide suitable space for negotiating with a wheelchair, have properly mounted hardware (including grab rails, mirrors, tissue and towel dispensers), piping under the sinks insulated to prevent burning by hot water in the pipes, and stalls where necessary for appropriate privacy. Elevator In instances where operations occur above the ground level floors, elevators or lifting devices shall be considered, particularly if the facility is regularly used by the visiting public as well as for potential hires and existing employees who may experience disabilities. In many instances, the need for elevators may be avoided by providing alternative service methods at an accessible location or taking the service to the person. 2 Handicap parking curb cuts walkways railings, and ramping Adequate parking spaces for disabled persons should be provided for each facility. The area from the parking area to the building entrance should be smooth and unobstructed. Ramps should have a rise of no more than one inch vertical for each one foot horizontal run with appropriate hand railings. Water Coolers Water Coolers should be mounted to allow ease of use by a person in a wheelchair or there should be cup dispensers available which would allow a disabled person to use this facility. Pathways Areas between the parking area in park facilities and the restroom or picnic shelter should have a pathway suitable for negotiation by a wheelchair or disabled person. The surface should be smooth, unobstructed, and of a suitable grade (similar to the conditions for a ramp). SUGGESTED FUNDING The Board of Supervisors included $25,000 in the 1992-93 fiscal year budget to begin implementation of the plan. Staff suggests that $18,385 of this amount be utilized to install signage, modify telephones, and adjust doors as the first phase of implementation. The balance of •$6,615 could be used to make modifications required for newly hired employees or existing employees who may become disabled. Any unused portions of these monies would be used to continue down the list of priorities in the subsequent year. These items should be completed by July 1, 1993. $41,600 was included in the proposed bond referendum to provide access to park related facilities. If the Bond referendum is approved, these monies should become available so as to allow these improvements to occur during the 1993-94 fiscal year. If the referendum is not approved, these monies will need to be appropriated in the subsequent year as well as monies to cover major renovations to the existing Hollins Library facility which have not been addressed within this plan. An estimated $136,886 will be required between July 1, 1993 and January 26, 1995 to complete the repairs to County owned buildings. It is suggested that $56,886 be appropriated for the 1993-94 fiscal year and $80,000 for the 1994-95 fiscal year. This would address all of the improvements except the elevator for the Public Safety Center on Peters Creek Road during the 1993-94 fiscal year. With respect to leased facilities, staff will negotiate with the building owner to mitigate the structural needs of the facilities and staff will address the internal operational items 3 (included in the projected costs above). It should be noted that the staff is considering alternative space at the present time and some of the indicated improvements may not become necessary. There are several leased facilities used only one day per year by the registrar's office. Suggestions for improvement to these sites will be forwarded to the building owner for their consideration, however, the buildings in their present condition are adequate for meeting the needs of the voting public through the use of absentee ballots or by having an election official assisting the individual. FACILITIES WHICH WILL NOT BE MODIFIED Outlined below are facilities used by the County which staff suggests not to be modified. We have provided the rationale for making the suggestion and ask for the concurrence of the Board of Supervisors. Roanoke County Administration Center The Procurement Office is not accessible to the handicapped and it would be too costly to equip this one area with an elevator. Arrangements will be made to meet with disabled persons in the Community Room or in a vacant office. Also, public meetings such as bid openings will be scheduled in accessible locations. Each of the three floor levels are accessible from ground level entrances, however, there is no elevator to travel from floor to floor. It is suggested that we consider deputizing other employees to accept payments or transact business to minimize the amount of travel between floors by disabled persons. Public Service Center (Kessler Mill Road) The offices of the Department of General Services are not accessible from the outside and require travel through the building. Monies are included to improve this condition, however, the hiring of a disabled person may require more extensive renovation including another handicap restroom. The communications shop would require extensive renovations including excessive ramping and handicap restroom accommodations. No modifications are requested at this time. ** Public Safety Center (Peters Creek Road) An elevator is suggested for the 1994-95 fiscal year to allow disabled persons access to the second floor. This facility contains Police, Fire and Rescue, Communications Dispatchers and Data Processing personnel. Should the County hire a person for one of these positions earlier, we may need to modify this plan or provide for the elevator earlier to accommodate this need. 4 Jail Upstairs restrooms are not handicap accessible, however no modification is suggested as handicap provisions are located elsewhere in the building. Sheriff's Office (Clay Street) The entire area beyond the front reception area is not accessible and because of the location of load bearing walls, it is not practical to alter the space. Accommodation can be made by meeting with the individual in other parts of the building or in other facilities. There are no handicap restroom facilities. Headquarters Library Building (419) The second floor of this building is not accessible to disabled persons . Meeting rooms and office areas on the ground floor could be utilized for disabled patrons or employees to accommodate this need. Mt. Pleasant Librarv There are no restroom facilities or water coolers located in the space occupied by the Library. Restrooms and other structural alterations would be the responsibility of the building owner (School Board). Hollins Librarv This facility has not been included in the survey because it is included in the proposed bond referendum. Should the bond referendum fail, extensive renovations would be required to bring this facility into compliance. Ogden Recreation Center The rear building of this complex is not accessible to the disabled. No programming will be scheduled in this facility which requires such access and no structural modifications are suggested in this plan. The facility condition does not warrant the capital outlay that would be required to bring this facility into compliance. Catawba Recreation Center Although this facility is owned by the County, we do not program its use. Staff suggests not modifying this facility and to consider disposing it when appropriate. Health Department - Vinton Office This building is owned by the Town of Vinton and is leased to the Health Department. Hallways and doors are too narrow, access is not available to the second floor except by stairs, and there are numerous other modifications which would be required to make this facility come into compliance. Staff will discuss its findings with the building owner for consideration. 5 Social Services Leased Space at Salem Bank and Trust Building) The elevators in this building are too small and may not be practical for renovation. The restroom on the fourth floor has double doors making it difficult for a disabled person to enter. These conditions will be discussed with the building owner for appropriate action. Public Safety Building #11 - Back Creek The second floor of this building is not accessible to the disabled and it is not cost effective nor is there demonstrated need to provide an elevator for this access. Public Safety Building #7 - Clearbrook The restrooms, water cooler, and second floor area are not accessible to the disabled. Staff feels that it is not cost effective nor is there a demonstrated need to make these areas accessible at this time. Rescue Buildina #3 - Cave Spring Access to the second floor available only by going outside. Staff does not suggest an elevator to make interior access available. Public Safety Buildina #10 - Mason Cove The restrooms are not accessible and there is not enough room to modify them. Also the meeting room which is used by the Community has not been included in this survey. Public Safety Building #3 - Cave Spring Fire The second floor is not accessible to the disabled and it is not cost effective nor is there a demonstrated need to provide an elevator for this purpose. Public Safety Building #5 - Hollins The Day Room and office area is located on an elevated area and the meeting room is in the basement. Disabled persons do not have access to either of these facilities. Disabled persons would not be performing normal daily functions for the Fire and Rescue Service from this facility and other meeting space is available in the immediate area. It is not cost effective nor practical to make these areas accessible. Public Safety Building #8 - Bent Mountain Major structural renovations and modifications would be required to make this facility fully accessible and there is not a demonstrated need to make this costly change. Public Safety Building #9 - Fort Lewis The Day Room and office area is located on an elevated area and the meeting room is in the basement. Disabled persons do not have access to either of these facilities. Disabled persons would not be performing normal daily functions for the Fire and 6 Rescue Service from this facility and other meeting space is available in the immediate area. It is not cost effective nor practical to make these areas accessible. Oak Grove Park Restrooms are not handicap accessible and cannot be modified due to the physical size of the structure. Do not suggest modifications to this site. Mt. Pleasant Park Restrooms are not accessible by wheelchair due to location at top of hill. Do not suggest modification of this facility. COSTS AND FUNDING Current appropriation $ 25,000 1993-94 appropriation 56,886 1994-95 appropriation 80,000 Bond Referendum 41,600 Total County Share of Costs $203 486 7 RECOMMENDATION Staff recommends adoption of this Transition Plan as presented. The request for appropriation for subsequent fiscal years and the monies included in the bond referendum will be requested in the normal budget process. Staff also suggests adoption of the Resolution of Intent to Comply with the Provisions of the Americans with Disabilities Act to show the County's good faith efforts to comply with the legislation. Copies of these documents will be available through the Office of the Clerk to the Board of Supervisors. Questions or complaints may be addressed to the Coordinator for the implementation of the provisions of the Act (Assistant County Administrator). Future information to be presented to the Board of Supervisors includes the appointment of a local Disabilities Services Board as soon as the provisions are promulgated by the State. This Board needs to be appointed by November 1, 1992. Periodic updates will be provided to apprise the Board of progress towards the completion of this Transition Plan as well as implementation efforts in the areas of Programming and Employment Practices. Respectfully submitted, John M. Chambliss, Jr., Coordinator Implementation Committee Americans with Disabilities Act 8 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON JULY 14, 1992 RESOLUTION OF INTENT TO COMPLY WITH THE PROVISIONS OF THE AMERICANS WITH DISABILITIES ACT WHEREAS, the Congress and Senate of the United States of America has passed the American with Disabilities Act of 1990 (ADA), this law intends to eliminate discrimination against people with disabilities in all aspects of American life, and WHEREAS, the American with Disabilities Act of 1990 requires units of local government to comply with the provisions set down by the Act, these provisions covering employment, providing government services, public transportation, public accommodations, and telecommunication opportunities for disabled Americans. NOW THEREFOR BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY: That Roanoke County will work toward full compliance with the provisions set down in the Americans with Disabilities Act of 1990. That Roanoke County will begin a transition plan to identify and describe all structural changes and architectural barrier removal projects. This plan will be completed by July 26, 1992. That in compliance with the Americans with Disabilities Act, Roanoke County will begin the required self- evaluation of programs, services, and activities to be completed by January 26, 1993. That Roanoke County will develop a procedure to oversee ADA compliance, handle complaints, and seek comments from interested groups and individuals. 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v a QI .~ a~i cn .~ 3 ~ ~ ~ o w N ~ ~ O N ,~ ~ N ~ •~, a~ O to w N U as ~ ctY 41 ~ rd b ~ I N O a+~ ~ l b A U ~ aw w ~ 0 +~ ~ o ~ +~ ~ U tC N 3-a ~ A o a ~ •~ ~ .t2 N O a N H rx ~ 7 ~ H O H tr+ a .r., b .r., ~ ~~ as ro s~ >~ r~ ~ a~ A ~ -~ c~ a C) d' M C1 d' M d' d' d' ~ 01 01 01 01 Q1 01 p1 Q1 A r ~ ~ r ~ ~ ~ r O O O O O O O O O O O O O O O O N O O in o 0 0 o O ~ 00 O l~ N N Cl In O U d ~ ~ W x o~ z d ~ "' a O ~ ~ a~ a~i ~ ~ w ° x'"z.~ ~ ~ ~o~ ~ ~ ~ ~ ~ ~~ u ~ A i ~ ~ -~ f •~ ~ ~ •~ ~ ~ •~ b ~ -~ •~ b, g to N •~ o O R cC rC b Ri O ~ r0 ~ O U fd N ~..~ ~ ~ ~ •r•1 b~ ~ UJ ~ N rd ~ ~ •~ ~-I ?~ aG O ~ N 3 tn~ a~ ~ >v~ N ~ ~~z~ N Gl •'•I i~ 'C3 Ul r-I U Ri O a ""' A U tT ~ b- 3•+ .~ b~ •rl ~ N v ~ ~ ~ N O i-i 'O Cr z ~ ~ o ~~ b o ~~ a b ~ U~~ oro .~ a~~ zsTs ~ ++ s~ a as a~ as ~ a m ~ ca ~ .-+ ~ x ~ ~ ~ a o ca x d a o a~ a~ o ~ a ~ •~+ ~ -.~ G1 ~-- ~1 •r1 O •r•I 't3 ~'~ ~ ~ •rl ~-I O •rl •r1 O •r•I •rl •'•I U •,.{ ~ A ~Cri O ~ ~ ~~ ~ •~~ v ~ ~~ ~~ ~ ~ G) A A 'LJ 11 ~ A O O 3-i A N .t2 N .~ U O .L2 S•1 f.2~•'•I ~ N •'•I -..~ r-1 •'•I fn a•rl O N 41 -rl N •~ ~ •~ +~ -r1 •O ~ UI U O N O ••~ U1 O rtS N U ~ N N ~ m O U1 r1 S•a N ~ U ~ ~ S-1 ~ •~ ~ ~ •'•1 U ~ ~ ~ ~ ~ N ~ ~ ~ ~ •~ O ~ ~ O f-i .f2 O -~ O ~ to O O ~ O O 't~ +~ O b~ a f-I N ~2, v a a b u a~ ~ t.~~, O R~ a~ a o ~ t~ O W N +~ O N +~ ~ N S O N ~ •n to N 3 N ~ N ~ ~ N Nrtfal ~ ~ a) X00 ~ RJN ~ Z3•rlal OO ON N O N z,~a w U a Hwa 3 ~a ~ bba as ~a a U a ~ N •rl S-~ b O r-I +1 •r•I Sa ~ b ~ ~ ~ ~ O'' ~ 'O ~ N .t2 ~ •'•I xa d1 ~ ~ a~ ro o ~ 0 ~ o N O o E,, U ~n U '~ d W 0 ~ ICI ~ ` Or~i~p"'° A ~ ~ ~Ap~ •r O ~ N ~ ~~ ~ •rl O b OUP U V •~ ~ o a ~ o o +~ a, ~ ~ w ~ A U • ~ D ~ ~ bNbO -rl ''~ ,12 O ~ +~ N •rl U tT .~ ''O N rl N 41 O d) C) r-1 ~ Ul •ri G1 ~ ~ b O b.~~ ~ a a~~~ 3 N N ,C -~ .u z•~a ~A°~ Q N •rl ~-I b O ~i ~ •~"~ S-1 ~ ro ~ ~ ~~ o' c~ ~~ ~ .~ a~ •~ xa 0 0 N N a H 0 h N F U W o~z z~,~N a a~z~ Ayer" o~~'~ ~~z~ z~~ti ~z 0 Q U U a G1 ~ ~r ~r ri +~ rn o~ rn rn b ~ ~ ~ ~ A r r r r +~ 0 0 0 0 0 N O O O O O O U o in ~n ~n ~ l11 N .-1 01 ro U .,~ ~ ~~ +~ I~~ ~ ~ ~ ~~ s~ ~ >~ o s~ ~ ~ ro ~ ro ~ +~ o +~ -~, o a~ ~ •~ ,o •~ ~ •~ ro as ~ rn ro ~ N~ ro N ro ZT ro ~ w ~ N £ A ~ - ~ U ~ • O W ~ N ~ ~ ~ o o ° • o a i aio a~tr .~u i o., s a+ ~ ~ ~ rn s'ats o b •~ v o v zs •~, •~ ~ +~ ~ o ~ •~ ~~+~ o~, abo+ ~ ~ m ~ •~,,~ ~ I A ro ro W ro a4 ro O o4 ~ CQ a ~ ~ ~ ~ ~ o ~ • ao , - o ~ ~ ~ +~ o s~ •• b •~+ o ~ x ~ ro a~ b a~ ~ o ~ :~ ~ o >, a~ N !-i O r-I ~ ro N O +~ b ~ ~ +~ A +~s~roo ro~ o+~ ~ - w ~ O~ UroU3 U•~+ rn~ro •~ o •~ ro•~ ~ ~ •~ -~ .c~ >~ ~ ~ zs .~t .r~ +~o~n ~~n roa~~ cn ~I~ ~ ou, ~ a~ ro o ro o ~t~ o ~ ~ ~ o s~ •~, ~ oar ~ s~ :~o xw ~~ a a~oa U'O fad s~ N 3 s?+ro ~ -n 3 mz3 u~ +~ N O •~ 0 0 0 0 O N E •rl N O ~~ O ~ O a ~nw al wa o ~ ro u,a z •~A a Ha H ~ H •~ is b G) r-i ~ •~ ro ~ x as 0 0 a H O H N N ~ ~ ~ ~ i o i rn rn i o ro a ~ ~ ~ ~ ~ N o o O o O lt') b O O O E,,, U r }~ o ~n o V N }~ ~--I .-1 ~--I Q ~ W ~ r r I O • u"'i~ +~ ~ OO N ' ~ A O 0 0 ~ U1 ~ O ~ O !~ •~ •~ O .S2 O ~ A a~ U +~~~ w~ a1 U O•~ ~ro 3 ~ •~+ ro a~ ~ o N o•~~N A~ +~ O ,.~ y. ~ o b ~ ~ o -.~ ~ ~ ~ A ~ ~ U b ~ ~ O 4-I 3-I O N O ! 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ITEM NO. ~""~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: July 14, 1992 AGENDA ITEM: ROANOKE COUNTY NOISE ORDINANCE - WORK SESSION COUNTY ADMINISTRATOR'S COMMENTS: EXECUTIVE SUMMARY• A draft noise ordinance parallelling ones recently adopted by the City of Roanoke and the Town of Vinton is presented for Board review and discussion prior to formal action. At the request of the Board of Supervisors, the Public Safety Team and the County Attorney's Office have expended a considerable amount of time developing a noise ordinance which is similar to those of adjoining jurisdictions. Because of concerns about the enforceability of such an ordinance, the Public Safety Team has taken no specific position on this ordinance but has attempted to develop the clearest and most enforceable ordinance possible for the citizens of the County. SUMMARY OF INFORMATION: The ordinance prescribes both specific acts which are declared "noise disturbances" under Sec. 13-21 as well as a general prohibition against "noise disturbance" under Sec. 13-20. A "noise disturbance" is defined in Sec. 13-18 as encompassing three categories of sound, as follows: (1) sound which endangers or injures the safety or health of any person; (2) sound which annoys or disturbs a reasonable person of normal sensitivities; or (3) sound which endangers or injures personal or real property. A violation of either the specific or general "noise disturbance" prohibitions would constitute a Class 4 misdemeanor punishable by a maximum fine of $250.00 under Sec. 1-10. The ordinance provides for certain exceptions to the applica- tion of its prohibitions including: (a) work required by a governmental emergency and notification related to such work; (b) school or county sponsored sports or recreational events; (c) music, chimes or sounds from a place of worship; (d) sounds coming from a county or state authorized activity up until 10:00 p.m.; and (e) sounds generated within commercial or industrial zoning districts. In addition, a procedure is detailed in Sec. 13-23 for applying to the Board of Supervisors for a waiver, not to exceed one year, from the prohibitions of this ordinance. STAFF RECOMMENDATION: Staff makes no recommendation at this time as to the necessity or advisability of adopting such a Noise Ordinance. Respectfully submitted, J eph B. Obenshain nior Assistant County Attorney ---------------------------------------------------------------- Action Vote No Yes Abs Approved ( ) Denied ( ) Received ( ) Referred to Motion by Eddy Johnson Kohinke Minnix Nickens 2 ~ p AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, , 1992 ORDINANCE 92-_ TO AMEND AND REENACT CHAPTER 13, OFFENSES-MISCELLANEOUS, BY ADDING ART. II, NOISE, AND BY DELETING SEC. 13-3, NOISE. WHEREAS, excessive noise can be detrimental to the health and welfare of the citizens of Roanoke County and can degrade the quality of life which the citizens of this County seek to enjoy; and WHEREAS, the first reading of this ordinance occurred on 1992, and the second reading of this ordinance occurred on - 1992• BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: 1. That Chapter 13, "Offenses-Miscellaneous" be amended and reenacted by the addition of Article II, "Noise" as follows: Sec. 13-16. Short Title. This Article shall be know as the "Noise Ordinance of the .:.;;: Sec. 13-17. Declaration of Policy. Sec. 13-18. Definitions. The following words and phrases, when used in this Article shall have the meaning assigned to them in this section. n+-S or restoration of services is required for the immediate health, safety or welfare of the community. ~~.: ``' '~.... n. . Motor vehicle shall mean ~<'~~~€; ~;' .'~'~~.::.;:.;:;:::.::::::.~ ::.::::.:::.::.~:.~::::::.::.::::::.~::.~:::g. ......................::: :: ~::::::: P::::::..;;.:::::::::.;:.::::: ~.::. ~ :::.:. ~ ::. ~ ::::::: ~::.::::::. ~ . _ ::::.::::::::::::::::::. . passenger cars, trucks, truck-trailers, semitrailers, campers, racing vehicles, and any motorcycles (including, but not limited to, motor scooters, mini-bikes, all-terrain vehicles and three- wheelers) as defined in § 46.2-100 of the Code of Virginia. Noise disturbance means any sound which (a) endangers or injures the safety or health of any person; (b) annoys or disturbs a reasonable person of normal sensitivities; or (c) endangers or injures personal or real property. Person shall mean any individual, corporation, cooperative, partnership, firm, association, trust, estate, private institution, group, agency or any legal successor, representative, agent or agency thereof. Sec. 13-19. Exceptions from this Article. The provisions of this Article shall not apply to: (1) The emission of sound for the purpose of alerting ~'-~-5 persons to the existence of an emergency or to the emission of sound in the performance of emergency work; (2) Music, bells, chimes or other sounds which are emanating from a church, temple, synagogue or other place of worship; (3 ) Sound generated from school ~'„I~<<sponsored athletic or recreational events; (4) Sound generated by activities which are an official or ::<:::::;ec roved art of axt;:;~v~~i;~::>~.:;:.:.~ ::::::::::::::::::::::::~.P.:.:.::._::::::.~:::::::::::::::::.~::.;:.;:.::::::::::::::::::::::::.::: festival or activity, provided such exemption shall terminate at 10:00 p.m.; (5) Sound generated in M-1, M-2, B-2 and B-3 [commercial and industrial] zoning districts which are necessary and incidental to the uses permitted therein; and (~ ) Sound for which a variance has been granted in accordance with ~+~~ of this Article. sec. 13-20. General Prohibition. In addition to the specific prohibitions contained in this Article, no person shall make, continue, ~~t;or cause to be made, continued or permitted any noise disturbance within the ?~~t . Sec. 13-21. Specific Acts as Noise Disturbances. The following acts are declared to be noise disturbances in violation of this Article. The acts so specified shall not be deemed to be an exclusive enumeration of those acts which may constitute a noise disturbance under ~"``_I>and provided that the acts so specified below may still constitute a noise e under Y [[<~~~^t~ inde endently of the hours of'k~day disturbanc P .................. such acts take place. (1) Engaging in, or operating or causing to be operated any equipment used in the construction, repair, alteration or demolition of buildings, streets, 7~t~~~~>alleys or appurtenances thereto between the hours of 10:00 p.m. and 7:00 a.m. the following day. (2) Repairing, rebuilding or modifying any motor vehicle or other mechanical z'i<'<s device ~ between the hours of 10:00 p.m. and 7:00 a.m. the following day in a manner t~ as to be plainly audible across property boundaries. (3) Loading or unloading trucks outdoors within 100 yards of a residence between the hours of 10:00 p.m. and 7:00 a.m. the following day. (4) Sounding the horn or warning device of a vehicle, except when necessary as a warning during the operation of the vehicle. (5) Operating or permitting the use or operation of any radio receiving set, musical instrument, television, phonograph or any other device for the production of sound, between the ................ hours of 10:00 p.m. and 7:00 a.m. the following day, a` ".'y~~~;:~i~-s~-~~a~re~-~to be plainly audible across property boundaries or through partitions common to two residences within a building or plainly audible at 50 feet from such device. (6) Using or operating a loudspeaker or other sound amplifi- cation devices in a fixed or movable position exterior to any building, or mounted upon any motor vehicle or mounted in the `° ~` applying the standards set forth in this Article. No renewal shall be granted except uponi application therefor. 2. That Sec. 13-3. "Noise" of the Roanoke County Code is hereby repealed. 3. That this Ordinance shall be in effect from and after ,1992 . AT A SPECIAL MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 14, 1992 RESOLUTION CERTIFYING EXECUTIVE MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such executive meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. OF ROANp~.~ a ti ~ A 2 ~ ~ a= 1838 COUNTY ADMINISTRATOR ELMER C. HODGE (703) 772-2004 Ms. Betty Jo Anthony 6225 Hidden Valley Drive Roanoke, VA 24018 Dear Ms. Anthony: July 15, 1992 BOARD OF SUPERVISORS LEE B. EDDY, CHAIRMAN WINDSOR HILLS MAGISTERIAL DISTRICT EDWARD G. KOHINKE, SR., VICE-CHAIRMAN CATAWBA MAGISTERIAL DISTRICT BOB L. JOHNSON HOW NS MAGISTERIAL DISTRICT H. ODELL "FUZZY MIN NIX CAVE SPRING MAGISTERIAL DISTRICT HARRY C. NICKENS VINTON MAGISTERIAL DISTRICT The members of the Board of Supervisors wish to sincere appreciation for your previous service Services Board. Citizens so responsive to the community and willing to give of themselves and indeed all too scarce. (703) 772-2005 express their to the Social needs of their their time are I am pleased to inform you that, at their meeting held on Tuesday, July 14, 1992, the Board of Supervisors voted unanimously to reappoint you as a member of the Social Services Board for a four- year term. Your new term will expire on July 19, 1996. State law requires that you take an oath of office before the Clerk of the Roanoke County Circuit Court. This oath must be administered rior to your participation on this Board. Please telephone Steven A. McGraw, at 387-6205, to arrange to have the oath administered. Mr. McGraw has requested that you bring this letter with you at that time. State law provides that any person elected, re-elected, or appointed to any public body be furnished a copy of the Freedom of Information Act. Your copy is enclosed. We are also sending you a copy of the Conflict of Interest Act. On behalf of the Supervisors and the citizens of Roanoke County, please accept our sincere thanks and appreciation for your willingness to accept this appointment. Sincerely, Lee B. Eddy, Chairm Roanoke County Boar of Supervisors LBE/bj h Enclosures cc: Dr. Betty McCrary, Director, Social Services Department Steven A. McGraw, Clerk, Circuit Court C~~r~xxY# ~r~ ~~xxY~.~.~ P.O. BOX 29800 ROANOKE, VIRGINIA 24018-0798 ® Re~yd~a Paper O~ ptOANp~~ _ p V ? 1838 COUNTY ADMINISTRATOR ELMER C. HODGE (703) 772-2004 P.O. BOX 29800 ROANOKE, VIRGINIA 24018-0798 July 15, 1992 BOARD OF SUPERVISORS LEE B. EDDY, CHAIRMAN WINDSOR HILLS MAGISTERIAL DISTRICT EDWARD G. KOHINKE, SR., VICE-CHAIRMAN CATAWBA MAGISTERIAL DISTRICT BOB L. JOHNSON HOW NS MAGISTERIAL DISTRICT H. ODELL "FUZZY" MIN NIX CAVE SPRING MAGISTERIAL DISTRICT HARRY C. NICKENS VINTON MAGISTERIAL DISTRICT Mr. Carlton W. Wright (703) 772-2005 6939 Woodhaven Road Roanoke, VA 24019 Dear Mr. Wright: The members of the Board of Supervisors wish to express their sincere appreciation for your previous service to the Board of Zoning Appeals. Citizens so responsive to the needs of their community and willing to give of themselves and their time are indeed all too scarce. I am pleased to inform you that, at their meeting held on Tuesday, July 14, 1992, the Board of Supervisors voted unanimously to reappoint you as a member of the Board of Zoning Appeals for a five-year term. Your new term will expire on June 30, 1997. State law requires that you take an oath of office before the Clerk of the Roanoke County Circuit Court. This oath must be administered rior to your participation on this Board. Please telephone Steven A. McGraw, at 387-6205, to arrange to have the oath administered. Mr. McGraw has requested that you bring this letter with you at that time. State law provides that any person elected, re-elected, or appointed to any public body be furnished a copy of the Freedom of Information Act. Your copy is enclosed. We are also sending you a copy of the Conflict of Interest Act. On behalf of the Supervisors and the citizens of Roanoke County, please accept our sincere thanks and appreciation for your willingness to accept this appointment. Sincerely, Lee B. Eddy, Chairma Roanoke County Board of Supervisors LBE/bjh Enclosures cc: Claude Lee, Secretary, Board of Zoning Appeals Steven A. McGraw, Clerk, Circuit Court ® a~yded P~- O~ ROAN 'YF ti ~ p z ~ J ? a 1838 COUNTY ADMINISTRATOR ELMER C. HODGE (703) 772-2004 BOARD OF SUPERVISORS LEE B. EDDY, CHAIRMAN WINDSOR HILLS MAGISTERIAL DISTRICT EDWARD G. KOHINKE, SR.. VICE-CHAIRMAN CATAWBA MAGISTERIAL DISTRICT BOB L. JOHNSON HOWNS MAGISTERIAL DISTRICT July 15, 1992 CAVE SPRINOGDMAGISTERIAL DMSTRICT HARRY C. NICKENS VINTON MAGISTERIAL DISTRICT (703) 772-2005 Rev. Phillip Whitaker Brambleton Baptist Church 3634 Bramb/eton Avenue Roanoke, VA 24018 Dear Reverent Whitaker: On behalf of the Board of Supervisors, 1 would like to thank you for offering the invocation at our meeting on Tuesday, July 14, 1992. We believe it is most important to ask for divine guidance at these meetings and the Board is very grateful for your contribution. Thank you again for sharing your time and your words with us. Sincerely, Lee B. Eddy, Chairman Roanoke County Board of Supervisors LBE/bjh P.O. BOX 29800 ROANOKE, VIRGINIA 24018-0798 ®Recyded paper OF FiOANp~.~ a 2 9 °v a2 1 38 COUNTY ADMINISTRATOR ELMER C. HODGE (703) 772-2004 P.O. BOX 29800 ROANOKE, VIRGINIA 24018-0798 July 16, 1992 BOARD OF SUPERVISORS LEE B. EDDY, CHAIRMAN WINDSOR HILLS MAGISTERIAL DISTRICT EDWARD G. KOHINKE, SR., VICE-CHAIRMAN CATAWBA MAGISTERIAL DISTRICT BOB L. JOHNSON HOWNS MAGISTERIAL DISTRICT H. ODELL "FUZZY" MINNIX CAVE SPRING MAGISTERIAL DISTRICT HARRY C. NICKENS VINTON MAGISTERIAL DISTRICT (703) 772-2005 Edward A. Natt, Esquire Osterhoudt, Ferguson & Natt 1919 Electric Road Roanoke, VA 24018 Dear Ed: Attached is a certified copy of Board Action No. A-71492-11 concerning the request which you submitted on behalf of VAKS, Ltd. for tax exempt status. The Board of Supervisors denied the request for a public hearing at their meeting on Tuesday, July 14, 1992. If you need further information, please do not hesitate to contact me. Sincerely, ~~~~ ~. Mary H. Allen, Clerk Roanoke County Board of Supervisors bjh Attachment cc: Paul M. Mahoney, County Attorney R. Wayne Compton, Commissioner of Revenue ®Regded Paper of RoaN ~.~ ~ ,~ ~• z O z a ~ 38 COUNTY ADMINISTRATOR ELMER C. HODGE (703) 772-2004 P.O. BOX 29800 ROANOKE, VIRGINIA 24018-0798 July 16, 1992 BOARD OF SUPERVISORS LEE B. EDDY, CHAIRMAN WINDSOR HILLS MAGISTERIAL DISTRICT EDWARD G. KOHINKE, SR.. VICE-CHAIRMAN CATAWBA MAGISTERIAL DISTRICT BOB L. JOHNSON HOW NS MAGISTERIAL DISTRICT H. ODELL "FUZZY MIN NIX CAVE SPRING MAGISTERIAL DISTRICT HARRY C. NICKENS VINTON MAGISTERIAL DISTRICT (703) 772-2005 Mr. Alvester Ellis, Director Delancey Street North Carolina 811 North Elm Street Greensboro, N. C. 27401 Dear Mr. Ellis: Attached is a copy of Board Action No. A-71492-8 concerning the appeal of Delancey Street North Carolina from denial of application for permit to solicit in Roanoke County. This appeal was denied by the Board of Supervisors at their meeting on Tuesday, July 14, 1992. If you need further information, please do not hesitate to contact me. Sincerely, Mary H. Allen, Clerk Roanoke County Board of Supervisors bjh Attachment cc: Joseph B. Obenshain, Senior Assistant County Attorney R. Wayne Compton, Commissioner of Revenue ® Recycled paper O~ ROAIyp~-~ ~ L w A 2 17 J ? a rasa P.O. BOX 29800 ROANOKE, VIRGINIA 24018-0798 COUNTY ADMINISTRATOR ELMER C. HODGE 1703) 772-2004 July 16, 1992 BOARD OF SUPERVISORS LEE B. EDDY, CHAIRMAN WINDSOR HILLS MAGISTERIAL DISTRICT EDWARD G. KOHINKE, SR., VICE-CHAIRMAN CATAWBA MAGISTERAL DISTRICT BOB L. JOHNSON HOWNS MAGISTERIAL DISTRICT H. ODELL "FUZZY" MINNIX CAVE SPRING MAGISTERIAL DISTRICT HARRY C. NICKENS VINTON MAGISTERIAL DISTRICT (703) 772-2005 Patrick S. Shiel, Esquire Cranwell & Shiel P. O. Box 507 Vinton, VA 24179 Dear Mr. Shiel: Attached is a certified copy of Action No. A-71492-9 concerning the claim which you submitted to the Board on behalf of Daniel L. Chisom. This claim was denied by the Board of Supervisors at their meeting on Tuesday, July 14, 1992. If you need further information, please do not hesitate to contact me. Sincerely, ~ ~. Mary H. Allen, Clerk Roanoke County Board of Supervisors bjh Attachment cc: Paul M. Mahoney, County Attorney Robert C. Jernigan, Risk Management ®Racyded P~ O~ aOANp~-~ L ti p 2 ai 1838 (~.a~xx~#~ ~~ ~..~~xx~.~~e P.O. BOX 29800 ROANOKE, VIRGINIA 24018-0798 COUNTY ADMINISTRATOR ELMER C. HODGE (703) 772-2004 July 16, 1992 BOARD OF SUPERVISORS LEE B. EDDY, CHAIRMAN WINDSOR HILLS MAGISTERIAL DISTRICT EDWARD G. KOHINKE. SR., VICE-CHAIRMAN CATAWBA MAGISTERIAL DISTRICT BOB L. JOHNSON NOWNS MAGISTERIAL DISTRICT H. ODELL "FUZZY" MINNIX CAVE SPRING MAGISTERIAL DISTRICT HARRY C. NICKENS VINTON MAGISTERIAL DISTRICT (703) 772-2005 Ms. Mary F. Parker, Clerk Roanoke City Council 215 Church Avenue, S. W. Roanoke, VA 24011 Dear Mary: Attached is a certified copy of Board Action No. A-71492-5 concerning the claim by the City of Roanoke for unapproved charges for surplus water. This claim was denied by the Board of Supervisors at their meeting on Tuesday, July 14, 1992. If you need further information, please do not hesitate to contact me. Sincerely, Mary H. Allen, Clerk Roanoke County Board of Supervisors bjh Attachment cc: Paul M. Mahoney, County Attorney Diane D. Hyatt, Director, Finance Clifford D. Craig, Director, Utility ®ge~yded per, ' ROANOKE VALLEY RESOURCE AUTHORITY 3433 Brambleton Avenue, SW Roanoke, Virginia 24018 (703) 772-2130 "~ ~ ~-~~ Mr. Elmer C. Hodge County Administrator P.O Box 29800 Roanoke, VA 24018 Dear Mr. Hodge: June 3, 1992 k~µ~ ~~ r i ~ ~ d }~. ,. As you are aware substantial progress has been made on the clearing and grading of the Smith Gap Landfill site. Work is to a point, where with a viewing and explanation of the site, one can visualize how the landfill facilities will look and operate. I will be delighted to provide you and the County's elected officials with a guided tour of the facility at your convenience. Please let me know if you feel that a tour would be helpful and when it would be suitable. Sincerely, ~~ ~~ John R. Hubbard, P.E. Chief Executive Officer JRH/cw ~-~~ MEMORANDUM TO: Members of the Board of Supervisors FROM Mary Allen `~~ ~--° DATE: June 5, 1992 -~,. SUBJECT: Tour of Landfill Mr. Hodge would like to set up a tour of the Smith Gap Landfill. His preference is Tuesday after the Board meeting if time and weather permits. If you desire another time, please let me know before Tuesday. You may either fill out the form below or give me a call at 772-2003. Thanks for your assistance. -------------------------------------------------------------------------------- I am willing to tour the landfill on Tuesda June 9 after the meetin . Y g I would prefer to tour the landfill following another Board meeting I would prefer one of the following dates: ~~~+ ~ ~+~ ~,~Ce(~'~ +~/i ~o~ ~~ 3~ 6/~s; ~/2 S" CC: Elmer Hodge, County Administrator ®, C~ ~`~"J 7 /-fit-~~. /~a„ ~.y.~. _ -~-o m a rrou.~ -~ rye ~ ~ a~ ~t-g a~ y ~ l~!-t Z z ~ - - rya -~- ~ n -~ca~~ ~~f~ . --- , ~ 1 . i ~~ ~ ~ ~ =~ ~~ MEMORANDUM TO: Wayne Compton Reta Busher ~~ FROM: Paul Mahoney SUBJECT: Personal property exemption or favorable classification Disabled Veterans DATE: 30 June 1992 At the meeting of the Board of Supervisors of Roanoke County, Virginia, held on June 23, 1992, the Board directed the County Attorney to research a recent amendment to State law providing a favorable personal property tax classification for disabled veterans and requested the Commissioner of the Revenue to report to .the Board concerning the fiscal impact of implementing such an amendment to the County Code. The 1991 session of the Virginia General Assembly (Chapter 247) amended Section 58.1-3506 of the State Code. This section of the State Code authorizes the governing body of any county, city, or town to levy personal property taxes on the various separate classes or classifications of tangible personal property enumerated in this section. There are 18 separate classes or classifications of tangible personal property listed in this section. By letter dated June 17, 1992, Mr. Robert R. Mitchell, Jr. requested Supervisors Eddy and Nickens to consider sponsoring the necessary ordinance to allow disabled veterans to receive a reduced personal property tax rate. It is my understanding that Mr. Mitchell has also contact the Commissioner of the Revenue by telephone concerning this issue. This provision of the State Code lists specific items of property and declares them to be a separate class of property constituting a classification for local taxation separate from other classifications of tangible personal property taxation. The amendment describes this classification of tangible personal property as follows: One motor vehicle owned and regularly used by a veteran who has either lost or lost the use of one or both legs or an arm or a hand or who is blind or who is permanently and totally disabled as certified by the Department of Veterans Affairs. In order to qualify the veteran shall provide a written statement to the Commissioner of the Revenue other assessing officer from the Department of Veteran Affairs that the veteran has been so designated or classified by the Department of Veteran Affairs as to meet the 1 a .. or classified by the Department of Veteran Affairs as to meet the requirements of this section, and that his disability is service connected. For purposes of this section, a person is blind if he meets the provisions of Section 46.2-739. Therefore, could you please provide me with a written report estimating the fiscal impact of the adoption of an amendment to the County Code providing a reduced personal property tax rate for a separate classification for disabled veterans. Your prompt attention to this matter will be most appreciated. I would like to submit a report to the Board on this topic at its meeting on July 14, 1992. Of all the various separate classifications and exemptions to personal property taxation authorized in the State Code, I am aware of only two exemptions that the County has exercised its discretion to apply: • an exemption for household goods and personal effects (authorized by Section 58.1-3504); and • an exemption for farm animals, grain, and farm machinery and tools (authorized by Section 58.1-3505). The County has created a separate classification for taxation for mobile homes; however, the rate of taxation for mobile homes is not reduced, rather the rate of taxation is identical to the real estate tax rate. I would also request your recommendation concerning the fiscal impact and policy implications of implementing not only this special interest classification, but also all of the other special interest classifications for personal property taxation included in this State Code section. I thank you for your assistance in this matter. PMM/spb c:\wp51 \pmm\pptax.ac 2 4 \`. `OF ROANp~.~ 2 ~ 'o , a= 13 V•~~~~ ~~ ~~~~.~ P.O. BOX 29800 ROANOKE, VIRGINIA 24018-0798 COUNTY ADMINISTRATOR ELMER C. HODGE (703) 772-2004 Robert R. Mitchell, Jr. 3311 Dawn Circle SW Roanoke, Virginia 24018 June 29, 1992 BOARD OF SUPERVISORS LEE B. EDDY. CHAIRMAN WINDSOR HILLS MAGISTERIAL DISTRICT EDWARD G. KOHINKE, SR., VICE-CHAIRMAN GTAW9A MAGISTERIAL DISTRICT BOB L. JOHNSON NOLLINS MAGISTERIAL DISTRICT H. ODELL "FUZZY MIN NIX GVE SPRING MAGISTERAL DISTRICT HARRY C. NICKENS VINTON MAGISTERUL DISTRICT Dear Mr . Mitchell : (7os) 772-loos Thank you for your letter dated June 17, 1992, regarding a special personal property tax rate for vehicles owned by qualifying disabled veterans. I was not aware of this legislation and greatly appreciate your bringing it to my attention. As a veteran of WWII and with a son currently in the Navy, I am very conscious of the contributions made by service personnel to this nation. Before taking action on any legal tax matter, it is customary to get a report and recommendation from various members of the County staff. By copies of this letter I will ask the Commissioner of Revenue to estimate the potential impact on tax revenue, and ask the County Attorney to advise what actions the Board is legally authorized to take. By copy to the County Administrator, I will request his opinion as to whether this is appropriate action to take in respect to the overall interests of the County. I will keep you informed as to the status of this matter. Thanks again for bringing this issue to the Board's attention. Sincerely, Lee B. Eddy copy: Wayne Compton, Commissioner of Revenue Elmer Hodge, County Administrator Paul Mahoney, County Attorney Members, Board of Supervisors * - With copy of Mr. Mitchell's letter & attachment ® Rscyasd Pape. ~~ ~ . ' p~~ `~~ ______._.... :3311 Dawn Circle, S'V4' ~._---~-°-`°~°~ lioanoke, VA 24q 18 'r'cl 7q3 98~ X166 ('w) 3 une 17, ].992 Dr. harry C. Nickens Supervisor, Roanoke Count>r :3738 [3rambleton Ave., SWW Roanoke, V A 24q 18 Dear 1)r. Nickens: ~.-ra-~.~~k~-~' C%~rcz-ti.- ~- ~~~:i t Ahhc~ugh I am not a resident of your district, I am writing l~or you in the hope you will remember me from your years at 'Virginia Western. Community College aril from my knowlcgc of your interest in veterans and their well-being. I am sending a similar letter io Mr. I.ee I3. Eddy who is the supervisor for my district. As you arc no doubt aware, the Virgi~uia Creneral Assembly amended section 58.1-35()fi of the Code of Virginia during its 1.991 term so as to allow localities to tax automobiles owned by certain iluali~in~ ,veterans at a lesser rate than _auigmc~t~~les .generally (I have -- -- - -- enclc~secTa copy of tie appropriate section for your convenience}. The legislation was adopted following certain presentations by disabled veicrans grains, during which the need for sick reduction was explained to the satisi~action of the General Assembly, As you will note, only those vehicles owned by veterans whey meet the requirements for the free "Disabled Veteran" license plates qualify for the reduction. "ire legislation is not sell- peratve,-maw®e er; each locality must make the determination as to whether its disabled veicrans shatilcl be permitted a reduced tax rate. I have contacted the office of the Cc7mmissioner ol~ Revenue and beczi advised that. no such determination has been made by Roanoke Cauniy. Although I am ncri aware of the specific requirements and procedures to be followed in having such determination made, I reclucst your advice. and suppart in this matter. Will you consider sponsoring the necessary resolution and/or ordinance that rvi11 allcaw such favorable tax consideration to be lsut into effect`? Please let me know your feelings on the issue; if there is ar~tiT further information .l. can provide You, please contact me. Sincerely, Robert I~. Mitchell, Tr. ~ ~ - - § 58.1-3506 TAXATION ' § 58.1-3505 § 58.1-3506 other household C. Grain; tobacco; wine produced by farm wineries as defined in § 4-2 and other agricultural products shall be exempt from taxation while in the hands nogr'aphs, record elevision instru_ of a producer. (Code 1950, § 58-829.1:1; 1976, c. 560; 1979, c. 576; 1980, c. 314; 1984, cc. 150, 675.) to and works of 'y ' § 58.1-3506. Other classifications of tangible personal property for ' ~ ' taxation. - A. The items of property set forth below are each declared to be a .ous metals used separate class of property and shall constitute a classification for local taxation separate from other classifications of tangible personal property provided in this chapter: al or a famil 1. Boats or watercraft weighing five tons or more; 2 Ai ft h i y or . rcra av ng a maximum passenger seating capacity of no more than fifty which are owned and operated by scheduled air carriers operating under property owner certificates of public convenience and necessity issued by the State Corpora- to maintaining tion Commission or the Civil Aeronautics Board; ordinance d l 3. All other aircraft not included in subdivision A 2 and flight simulators; 4 A i u y ~~~ . nt que automobiles as defined in § 46 2-100; ty of the above . 5. Tangible personal property used in a research and development business; d appliances in 6. Heavy co?:~tr~~Lti;,n machinery, including but not limited to land movers, bulldozers, front-end loaders, graders, packers, power shovels cranes pile 1;- or household , , drivers, and ditch and other types of diggers; es and shall be ated 7. Generating equipment purchased after December 31, 1974, for the . shall purpose of changing the energy source of a manufacturing plant from oil or mean alt ~ which are the natural gas to coal, wood, wood bark, wood residue, or any other alternative energy source for use in manufacturing and any cogeneration equipment >ut limitation, trash compac- purchased to achieve more efficient use of any energy source; 8 Vehicles without ti ts. (Code 1950, . mo ve power, used or designed to be used as manufactured homes as defined in § 36-85.3; 9. Computer hardware used by businesses rimaril d i idi p y engage n prov ng data processing services to other nonrelated or nonaffiliated businesses gins, agricul- ; 10. Privately owned pleasure boats and watercraft used for recreational ~ equipment; purposes only; nd other feeds 11. Privately owned vans with a seating capacity for twelve or more rm machinery persons used exclusively pursuant to a ridesharing arrangement as defined in taxation and ~ 46.2-1400 of the Code of Virginia; 12. Motor vehicles specially equipped to provide transportation for physi- cally handicapped individuals; 13. Motor vehicles owned by members of a volunteer rescue squad or volunteer fire department. One motor vehicle which is re ul l d b h g ar y use y eac volunteer rescue squad member or volunteer fire department member to imals. respond to calls may be specially classified under this section. In January of each year, the said volunteer shall furnish the commissioner of revenue in § 4-2 and , or other assessing officer, with a certification by the chief or head of the volunteer organization, that said volunteer is a member of the volunteer le equipment rescue squad or fire department who regularly responds to calls or regularly production of performs other duties for the rescue squad or fire department, and the motor vehicle is identif d l under § 521 r ie as regu arly used for such purpose; 14 ~ IVlotor vehicles owned by a nonprofit organization and used to deliver col, provided meals to homebound .persons or provide transportation to senior or handi- arily of fatal upped citizens in the community to carry out the purposes of the nonprofit o rganization; finance dnlf _.; ifferent tfNr .r F 15. Privately owned camping trailers and motor homes as defined in , -100 which are used for recreational purposes only; zs and f 161 One motor vehicle owned and regularly used by a veteran who has ~lemeats ~ ei er lost or lost the use of one or both legs, or an arm or a hand, or who is blind or wh i n r: o s permane tly and totally disabled as certified by the 437 § 58.1-3506 CODE OF VIRGINIA ~ 58:1-35pg Department of Veterans' Affairs. In order to qualify the veteran shall provide a written statement to the commissioner of revenue or other assessing o~~, from the Department of Veterans' Affairs that the veteran has been desig~lated or classified by the Department of Veterans' Affairs as to meet the requirements of this section, and that his disability is service-connected. Foar purposes of this section a person is blind if he meets the provisions e{' § 46.2-739; auxilia otor vehicles owned by persons who have been appointed to serve ~~ ry police officers pursuant to § 15.1-159.2 et seq. One motor vehicle which is regularly used by each auxiliary police officer to respond to auxili ' police duties may be specially classified under this section. In order to qua: for such classification, in January of each year, any auxiliary police officer ; who applies for such classification shall identify the vehicle for which +„~ classification is sought, and shall furnish the commissioner of revenue ur other assessing officer with a certification from the governing body which has appointed such auxiliary police officer or from the official who has appointed such auxiliary oflicers. That certification shall state that the applicant is an auxiliary police officer who regularly uses a motor vehicle to respond to auxiliary police duties, and it shall state that the vehicle for which the classification is sought is the vehicle which is regularly used for that purpr, ,e; and 18. Machines and tools owned by a commercial air carrier which uses surh machines and tools in a commercial airline maintenance, repair, and rebuilding facility, which has an assessed value of at least $100,000,000 and which is located on or contiguous to an airport. B. The governing body of any county, city or town may levy a tax on the property enumerated in subsection A at different rates from the tax levied on other tangible personal property. The rates of tax and the rates of assessment shall (i) for purposes of subdivisions 1, 2, 3, 4, 6, and 9 through 17 uaT subsection A, not exceed that applicable to the general class of tangible personal property, (ii) for purposes of subdivisions A 5, A 7 and A 18, nit exceed that applicable to machinery and tools, and (iii) for purposes u1' subdivision A 8, equal that applicable to real property. (Code 19 ill, §§ 58-829.2:1, 58-829.3, 58-829.5 to 58-829.9, 58-831.01; 1960, c. 418; 1970, t., 655; 1976, c. 567; 1978, c. 155; 1979, cc. 351, 576; 1980, c. 412; 1981, cc. 23B, 445; 1982, c. 633; 1984, c. 675; 1985, c. 220; 1986, c. 195; 1988, c. 822; 19£39, cc 80, 694; 1990, cc. 677, 693; 1991, cc. 247, 330, 478.) The 1990 amendments. - The 1990 amendment by c. 677 substituted a reference to § 46.2-100 for a reference to § 46.1-1 in subdi- vision A 4; substituted a reference to § 46.2-1400 for a reference to § 46.1-556 in subdivision A 11; deleted "and" at the end of subdivision A 12; adde4 "and" at the end of subdivision A 13; added subdivision A 14; and added a reference to subdivision A 14 in the second sentence of subsection B. The 1990 amendment by c. 693 substituted a reference to § 46.2-100 for a reference to § 46.1-100 in subdivision A 4; deleted "and" at the end of subdivision A 13; added "and" at the end of subdivision A 14; added subdivision A 15; and added references to subdivisions A 14 and A 15 in clause (i) of the second sentence of subsection B. The 1991 amendments. - The 1991 amendment by c. 247, in subsection A, deleted "and" at the end of subdivision 14, and rdaM subdivision 16, and substituted "13, 14, 15 serf 16 of subsection A" for "13, 14 and 1S d subsection A" in the second sentence of swhars+ tion B. The 1991 amendment by c. 330, on t.'x' tion A, deleted "and" following -~ Fa -. organization" in subdivision 14, added ~ `` a sion A 17, and substituted "and 9 thi+na~plt ~ -;'` for "9, 10, 11, 12, 13, 14 and 15" in the sentence of subsection B. - The 1991 amendment by c. 478, to tion A, deleted "and" following "t2rr organization" in subdivision 14, addr~i the• end of subdivision 17, added 18, and substituted "subdivisions A br ~ A 18" for "subdivisions A 5 and A T M (ii) in subsection B. Law Review. -For surveil ~ Virginia for 1989, see 23 U. Rich. 4 (1989). 438 a f 1 '~ /,~ ~/ ~ -7 ~ ~ / i ~,. ~.-,~ _y l ~ ' ~' i ., s 'y 1' ~' ..----- ~,•'-` Roanoke Valley Solid Waste Management Board P.O. Box 12312 Roanoke, Virginia 24024 Dear Mr. Parrott: >wl `~-ryrbtp~- ~Ll~c- ~'~i~-lG. ..--i~-t n-C.L G' ~,t l~'~ ',-t Y ~' DUI c'-,?-~-~~~#.,` ~'~ . t J, j' , ., ~ ~' JII~ 0 5 X992 ". '' ~~'~iE _ ,, ''t ~c~-- Reference: Blue Ridge Parkway, Package 301, Roanoke River Parkway, Project Type 15, Parkway Plan and Environmental Impact Statement Subject: Landfill Survey The National Park Service (NPS) would like to obtain the board's permission to conduct a detailed, second phase of a testing program for the Roanoke River Parkway Project on your property-- primarily the area south of the existing landfill road. As previously mentioned, a phased procedure is necessary to satisfy requirements of the environmental impact statement. As you will recall, the goal of the first phase was to visually inspect the property, interview landfill personnel and your consulting firm, review existing maps and monitoring data, and assess soil conditions near the underground storage tanks. A copy of the proposed Phase 2 work order is enclosed. This second phase would entail extensive testing of soil at four locations on your property. Any surface water will be tested. In addition, it may be necessary to take small samples of housing material to assure the absence of asbestos. We would like to install two groundwater monitoring wells on your property (see enclosed work order for proposed locations). Because this work order delineates the services to be performed by our contractor, it should be considered an attachment to the enclosed permission letter that we are asking you to sign. Under this work order, we would not physically survey or test any of the filled portion of the landfill, so there would be no disturbance of the cap. From a safety standpoint, because this is a government action through a contractor, you would not be held liable for any accidents to NPS or contractor personnel that might occur on any portion of your property. once the phase II ~. ~ V ~_ N W ~ 1- ~ (~ Z ~ H W V N ~ ~ W 0 0 ~ W F.. Y F" Z ~W ~ ~,~ t ~"' -. ~R ~: W Z O N n N ~ (7 O q N r n ~ ~ n m d o ~ D I Q V ~ ~ aD c OL W ~' n~ ~,. W G -- ~ . . r 3 a d t 0 W J 3 q A n w 0 O wa c7 ca w 00 x x~ ao W U J .~- N v: . a rn 0 i 0 N d o ~ 0 ao w N O ~ Z 00 W D ~.