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HomeMy WebLinkAbout8/23/1988 - Adopted Board RecordsAT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 23, 1988 RESOLUTION 82388-1 OF APPRECIATION TO J. R. JONES FOR HIS SERVICE AS A MEMBER OF THE ROANOKE COUNTY PLANNING COMMISSION BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: WHEREAS 0-J. R. Jones was first appointed to the Roanoke County Planning Commission for a four-year term on April 4, 1979, and subsequently was re -appointed on January 1, 1983, and January 1, 1987; and WHEREAS, during his tenure on the Planning Commission, his assistance was invaluable in developing and implementing the Land Use Plan, the Comprehensive Plan, and the Zoning Ordinance Update; and WHEREAS, for a period of nine and a half years, Mr. Jones did tirelessly and selflessly devote many hours to the Is business of Roanoke County and the Planning Commission, and at all times, he did capably serve the citizens of the County. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County wishes to express its deepest appreciation and the appreciation of the citizens of Roanoke County to J. R. JONES for his many years of capable, loyal, and dedicated service to Roanoke County; and 4 FURTHER, the Board of Supervisors extends its best wishes for continued success in all his future endeavors. On motion of Supervisor Nickens, seconded by Supervisor McGraw and carried by the following recorded vote: AYES: Supervisors Johnson, McGraw, Nickens, Robers, Garrett NAYS: None A COPY TESTS: Mary H. Allen, Deputy Clerk Roanoke County Board of Supervisors cc: File Resolution of Appreciation File W 2 r - AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 23, 1988 RESOLUTION 82388-2 EXPRESSING THE APPRECIATION OF THE BOARD OF -SUPERVISORS OF ROANOKE COUNTY TO VIRGINIA FARROW FOR TWENTY-FIVE YEARS OF SERVICE TO ROANOKE COUNTY BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: WHEREAS, Virginia Farrow was first employed on January 16, 1963, as Deputy Commissioner by the Commissioner of the Revenue; and WHEREAS, Virginia Farrow was employed through the terms of three Commissioners of the Revenue, and was named the Chief Deputy Commissioner on January 1, 1980; and WHEREAS, Virginia Farrow has been a valuable asset to Roanoke County through her assistance to the citizens in preparing their personal property and Virginia income taxes. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to Virginia Farrow for over twenty-five years of capable, loyal and dedicated service to Roanoke County. FURTHER, the Board of Supervisors extends its best wishes for a happy, restful and productive retirement. On motion of Supervi."sor.Nickens, seconded by Supervisor McGraw and carried by the following recorded vote: AYES: Supervisors Johnson, McGraw, Nickens, Robers, Garrett NAYS: None A COPY TESTE: "V. Mary H. Allen, Deputy Clerk Roanoke County Board of Supervisors cc: File Resolution of Appreciation File Keith Cook, Director, Human Resources r 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 23, 1988 RESOLUTION 82388-3 REQUESTING THE CIRCUIT COURT OF ROANOKE COUNTY TO ENTER AN ORDER TO HOLD A REFERENDUM ON THE QUESTION OF CHANGING THE METHOD OF SELECTION OF MEMBERS OF THE COUNTY SCHOOL BOARD, AS PROVIDED IN SECTION 22.1-42 OF THE CODE OF VIRGINIA, 1950, AS AMENDED. WHEREAS, the Board of Supervisors of Roanoke County determines that it is desirable to hold a referendum on the ques- tion of the method of appointment of members of the School Board of Roanoke County, as provided by Section 22.1-42 of the Code of Virginia, 1950, as amended; and, WHEREAS, the Board held a public hearing on the ques- tion of such referendum on July 26, 1988 at 7:00 p.m. at the Roanoke County Administration Center at 3738 Brambleton Avenue, S.W.; and, WHEREAS, said public hearing was advertised in the Roanoke Times and World News on July 12, 19.98 and July 19, 1988. NOW THEREFORE, BE IT RESOLVED by the Board of Supervi- sors of Roanoke County, Virginia, that said Board does respect- fully request the Circuit Court of Roanoke County to enter an order requiring the regular election officials on the day fixed in such order to open the polls and take the sense of the quali- fied voters of Roanoke County on the question of changing the method of appointment of members of the Roanoke County School Board from the Roanoke County School Board Selection Commission to the Roanoke County Board of Supervisors. BE IT FURTHER RESOLVED that the Deputy Clerk of the Board is hereby directed to certify a copy of this resolution and to present it to the judge of the Circuit Court for the County of Roanoke, and to file a certified copy of this resolution with the Clerk of the Circuit Court for the County of Roanoke. On motion of Supervisor McGraw to adopt resolution and authorize funding up to $10,000 for informational brochure, seconded by -'Supervisor Robers and carried by the following recorded vote: AYES: Supervisors Johnson, McGraw, Robers, Garrett NAYS: Supervisor Nickens ABSENT: None A COPY TESTE: rn6Z4"v, -,4/. Mary H. Allen, Deputy Clerk Roanoke County Board of Supervisors cc: File Kenneth E. Trabue, Chief Judge, Circuit Court Elizabeth Stokes, Clerk, Circuit Court Paul Mahoney, County Attorney Bayes Wilson, Superintendent, Roanoke County Schools E ACTION # 82388-4 ITEM NUMBER Z) - Z AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 23, 1988 AGENDA ITEM: Request to Amend County's Bonding Policy for Subdivision and Site Development COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: On October 23, 1984, with the support of the Roanoke Valley Home Builders Association, the Roanoke County Board of Super- visors adopted the present Bonding Policy. The policy was established to work when administering forms Bond, Cash Accounts, Letters of Credit), reductions and defaults. SUMMARY OF INFORMATION: to provide a procedure with which of guarantee (Corporate Surety Escrow and Irrevocable Letters of Since adopting the Bonding Policy there have been organiza- tional changes and current policy problems which have created a need to amend the present policy. The organizational changes are attached, therefore, should not need further explanation. Currently, the County monitors approximately 80 Irrevocable Letters of Credit. According to the County policy, notification must be made to each developer 90 days prior to expiration of their Letter of Credit. If further extension is required, comple- tion dates and explanations must be provided by the developer. Due to poor response from the ;developers on requested information and notification to banks to extend the Letter of Credit, the following changes should be made: �-2 1. Amend Chapter III (C)(4) so that the following language is required on all newly -issued Letters of Credit: "This Irrevocable Letter of,Credit shall remain in full force for a period of one (1) year from the effective date hereof and shall automatically renew itself from year to year thereafter unless and until the (issuing bank name) shall give ninety (90) days prior written notice to the County of Roanoke, Virginia, by certified mail, return receipt requested, of its intent to termi- nate the same at the expiration of the ninety (90) day period. During the last thirty (30) days during which the Letter of Credit is in full force and effect, the County may draw up to the full amount available under the Letter of Credit with a draft accompanied by a docu- ment stating that (applicant' name) has not completed the improvements and has not proviaeed-an acceptable sub- stitute Irrevocable Letter of Credit and that the draw- ing is for the explicit purpose of guaranteeing and/or providing for the completion of the improvements." 2. Amend Chapter IX titled "Default and Evaluation Procedure" to require that once the ninety (90) day notification is received from the bank, all physical improvements must be completed and accepted by all County and State agencies within sixty (60) days from bank notification or Roanoke County is required to auto- matically draw on the Letter of Credit. This amendment will relieve Roanoke County from continuous monitoring of Letters of Credits and insure that bonds do not lapse without completion of all improvements. ALTERNATIVES AND IMPACTS: Alternative 1: Amend the County's Bonding Policy to reflect organizational c anges, require self -extending language on all newly -issued Letters of Credit, and amend the default procedure; direct the County Attorney to prepare the appropriate resolution. The only cost involved is approximately $100 to reprint the Bond- ing Policy. Alternative 2: Amend the County's Bonding Policy to reflect only organizationa changes and all other portions of the policy will remain the same; direct the County Attorney to prepare the appropriate resolution. The only cost involved is approximately $100 to reprint the Bonding Policy. Alternative 3: Do nothing and enforce the current Bonding Policy. t. STAFF RECOMMENDATION: Staff recommends Alternative 1. -2- SUBMITTED BY: Arnold covey, uirector Development and Inspections APPROVED: i ..LLJJ Elmer C. Ho ge County Administrator ------------------------------------------ ---------------------- ACTION VOTE Approved (x) Motion by: Steven A. McGraw/ No Yes Abs Denied ( ) Richard W. Robers to approve Garrett x Received ( ) Alternative #1 Johnson x Referred McGraw x to Nickens x Robers x cc: File Arnold Covey John Hubbard Phillip Henry Paul Mahoney ti -3- ORGANIZATIONAL CHANGES TO BONDING POLICY 0 - 2, 1. Change "Development Review Coordinator" to "Director of Development and Inspections" 2. Change "Department of Public Facilities" to "Department of Engineering" 3. Page 7(C) - Bonding Committee shall be composed of Assistant County Administrator of Community Services and Development, Director of Development and Inspections, County Attorney, and Director of Engineering. 4. Change "V.D.H.T•.1' to "V.D.O.T." i -4- ACTION # 82388-5 ITEM NUMBER , -3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE AGENDA ITEM August 23, 1988 Report and Planning Commission Recommendation on Individual On -Site Aerobic Wastewater Treatment Systems in Roanoke County. COUNTY ADMINISTRATOR'S COMMENTS 114 aqnlc� BACKGROUND In July 1987, the Code of Virginia was amended (Section 62.1- 44.15:3) to include a provision that an applicant for a permit under the National Pollution Discharge Elimination System (NPDES) must obtain written notification from the governing body of the County that the proposal is consistent with all ordinances adopted pursuant to Chapter 11 (Section 15.1-427) of Title 15.1 of the Code of Virginia. Since then, Roanoke County has received three requests (one denied; two pending) for approval of individual aerobic wastewater treatment systems. After initial consideration by the Board of Supervisors, the matter was referred to the Planning Commission for review and recommendation. The Planning Commission and staff in considering this matter, researched available information and met with private vendors and representatives of the Virginia Water Control Board (VWCB) and the Virginia Department of Health (VDH). A summary of the information obtained is attached. SUMMARY OF INFORMATION In relationship to the foundation offered by the conventional septic system or other accepted alternatives for on-site sewage treatment, these systems present a number of issues which should be addressed prior to approval. (1) Foremost is the problem of ensuring proper maintenance. Independent studies of these systems have indicated that the quality of the effluent has been inconsistent due primarily to the maintenance problems associated with these systems. (2) At the present time, responsibility for approving these systems rests with the VWCB, with recommendations provided by VDH. However, neither agency formally monitors or inspects these systems on a routine basis. They do, however, recognize the problem of maintenance and encourage local communities to establish public service authorities to monitor and maintain these aerobic units, or require maintenance contracts with private industry. (3) In Roanoke County, under current requirements in Chapter 16 of the County Code, these systems are not permitted. The only accepted methods of waste disposal are septic systems with soil absorption fields (drainfields) or central sewer systems. In addition, these systems represent a private improvement related to land development, similar to the private roads and water systems now prohibited by ordinance, which has the potential for becoming a public responsibility. (4) Finally, individual aerobic wastewater systems are not reflected or contemplated in the policies contained in the Comprehensive Plan. These systems, if left to the current regulatory mechanisms, could encourage growth in a fashion inconsistent with the plan, and contra- dict policies related to resource protection such as water quality. Despite these aspects, the Planning Commission concurs with health officials that these systems, if closely monitored, would provide a more acceptable solution to an existing failing septic system which poses a hazard to public health. This would allow limited numbers of these systems to be utilized in hardship situations, while permitting further evaluation by VWCB, VDH, and the County. ALTERNATIVES AND IMPACTS Alternative No. 1: That an ordinance be prepared amending Chapter 16 of the County Code establishing criteria, standards, monitoring requirements, provisions for maintenance, and determining the admin- istrative process to permit individual aerobic treatment systems on a hardship basis only as a replacement system for a failed septic system on an improved lot which constitutes a risk to public health. This ordinance should incorporate the recommendations of the Planning Commission contained in the attached report. Alternative No. 2: Maintain existing ordinances and provisions in the County Code which prohibit use of these individual aerobic systems. STAFF RECOMMENDATION The Planning Commission and staff recommend Alternative 1 to develop an ordinance through a joint effort of the Planning Department, Utility Department, and the County Attorney's office. SUBMITTED BY: Jonaan W. Hartley Acti g Zoning Administrator APPROVE BY: Elmer C. dge County Administrator ------ ------------------------------------------------------------------- ACTION z VOTE Approved (x) Motion by: Steven A. McGraw/Bob L. No Yes Abs Denied ( ) Johnson to approve Aiternative #2 Garrett x Received ( ) and that statt work with Health Johnson x Referred Department to i.mp ement approval of McGraw x To sewage disposai prior to plat Nickens x Robers x cc: File Dr. Margaret Hagan Jonathan Hartley John Hubbard Cliff Craig July 15, 1988 FINAL REPORT RELATED TO INDIVIDUAL AEROBIC WASTEWATER TREATMENT SYSTEMS Background In July 1987, the Code of Virginia was amended (Section 62.1-44.15:3) to include a provision that an applicant for a permit under the National Pollution Discharge Elimination System (NPDES) must obtain written notification from the governing body of the County that the proposal is consistent with all ordinances adopted pursuant to Chapter 11 (Section 15.1-427) of Title 15.1. Since then, Roanoke County has received three requests (one denied, two pending) for approval of individual aerobic wastewater treatment systems. After initial consideration by the Board of Supervisors, the matter was referred to the Planning Commission for review and recommendation. The following report summarizes the Commission's review based on information obtained by the Commission and staff. Also included are draft recommendations for consideration by the Commission. This report focuses on these systems as a whole, since the issues are related to County policy rather than specific application. Also, the County does not have the technical expertise, nor is it County policy, to evaluate or recommend a specific vendor's product over the numerous individual aerobic systems marketed at this time. Description of Individual Aerobic Wastewater Treatment Systems a The typical aerobic unit consists of a compartmentalized tank constructed of fiberglass or,concrete. Generally the first compartment is a presettling chamber where heavy solids and grease are removed. The second chamber consists of the aeration chamber where compressed air is forced into the effluent, normally with some form of mechanical stirring. A small final settling chamber is usually provided incorporating ports or slots for gravity sludge to return to the aeration chamber. The effluent is then discharged from the tank, either into a chlorinator, if required, or into a receiving stream or other approved location.' These individual units differ from conventional septic systems by their method of sewage treatment. They rely primarily on the principle of oxidation in the decomposition of sewage by introducing air into the sewage (aerobic treatment), after which the effluent is discharged. A conventional septic system uses an anaerobic process (without air) to partially treat the waste. Final treatment occurs in the soil absorption or drain field where the wastewater is 1 filtered and treated by organisms in the soils and by physical and chemical reactions with the soil. This treatment by the soil is why the soil capabilities are so critical in the siting of a septic system. They also differ from larger.publicly owned treatment plants. First, by comparison, they are small in size, with flows generally under 1000 gallons per day. Second, since larger treatment plants handle a larger volume of effluent, including commercial and industrial wastewater, higher levels of treatment have been mandated by law. In turn, to insure that discharge standards are being met, state law requires that the effluent by sampled daily. Finally, from a more technical perspective, the individual aerobic systems have the appearance of an extended aeration process used in larger publicly owned systems. However, by relying on a gravity sludge return in the final settling chamber_,. rather than a mechanical return system, these individual systems are not efficient in capturing or retaining solids, resulting in poor quality effluent.2 General Performance of Individual Aerobic Systems The National Sanitation Foundation (NSF) of Ann Arbor, Michigan is a nonprofit research organization established to develop standards and criteria for special equipment related to public health. The NSF Standard 40 was developed to specifically evaluate the performance of individual aerobic wastewater treatment systems, independent of the design and construction of the system., based on the installation and operating instructions of the manufacturer. Conformance with this standard is not an approval of the particular unit, but a certification of the data provided by the tests and an indication of compliance with the requirements expressed in the standard. Plants conforming to Standard 40 are classified as Class I or Class II plants according to the quality of effluent produced during their performance evaluation. Table 1 below contains the maximum level of• discharges allowed in each class.3 Table 1 NSF Standard 40 Plant Classification Class I Class II Effluent Quality Maximum Value* Maximum value* --------------------------------------------------------------------- BODS, mg/l 20 60 Suspended Solids, mg/l 40 100 --------------------------------------------------------------------- *Maximum value not to•be exceeded more than 10% of the time. Source: National Sanitation Foundation, Ann Arbor, Michigan. 2 As of August, 1987 the NSF had certified more than a dozen 'D '3 manufacturers producing more than 40 different models as conforming with Standard 40. Many of these have in turn been approved for use in Virginia by the Department of Health based on their review of plans and specifications Although a number of these systems have been certified by NSF and approved by VDH, testing and evaluation of individual aerobic systems installed in the field have raised some concerns related to their performance. The primary problem cited in studies conducted during the 1970's is the maintenance of the systems by homeowners. One study in Colorado conducted by Edwin Bennett in 1973, concluded that the performance of the individual aerobic systems tested was disappointing, and summarized the problem -as follows: "One important factor is neglect by the homeowner. Many owners will not accept any maintenance responsibility related to their sewage system and therefore the successful unit must have a high degree of reliability with minimal maintenance."4 A similar study undertaken in Jefferson County, Colorado between 1971 and 1973 likewise concluded that: "Many homeowners are unfamiliar with sewage treatment process and find maintenance of the [aerobic] plants is a bothersome chore which results in the plant being neglected."5 Finally, the most extensive study to date was conducted by the Ohio Department of Health in Hamilton County, Ohio in 1978. The study was based on 61 aerobic treatment systems random sampled by vendor from 2000 units. Based on their laboratory results, the systems tested frequently failed to comply with the Ohio State standards or NSF Class II standards, as indicated in Table 2. Is Table 2 Hamilton County Individual Aerobic Systems Test Results Suspended BODS Solids --------------------------------------------------------------------- Average Totals 132 mg/l Systems Meeting Ohio Standards 23% Systems Meeting NSF Class II Standards 40% 2779 mg/l 46% 59% --------------------------------------------------------------------- Source: Hamilton County Home Aerobic Systems Sewage Disposal Program Survey, Ohio Department of Health, 1979. 3 Also during the study, approximately half of the owners were �-3 interviewed on the performance and maintenance of the systems. Based on this information, the following conclusions were reached. "The levels of biochemical oxygen demand (BOD) and suspended solids (SS) in the majority of these units exceeded those as permitted for off-site discharge as required by Ohio's household sewage rules, and for the National Sanitation Foundation standards. These excessive levels are indicative of the problem which creates nuisances, water pollution, and possible disease outbreak. There are several reasons for the high levels of BOD and SS in each of the units and for the program as a whole. Primary is the real possibility that the units themselves are designed and manufactured -inadequately, and/or the units are not functioning properly.... An equally important reason for excessively high effluent levels is the lack of proper maintenance. Both homeowners and service personnel must be aware of good operating practice and the requirements necessary for their particular system."6 According to conversations by staff with officials in Ohio, the maintenance problem still persists. One health official indicated it was not uncommon to find that the owner had shut the power to the system off causing the treatment system to go septic. To address the maintenance problem, Ohio public health officials are now preparing legislation to permit the creation of Sanitation Districts in order to institute a routine monitoring and inspection program based on annual user fees. Role of the Virginia Water Control Board (VWCB) The primary agency responsible for regulating these individual aerobic treatment systems is the Virginia Water Control Board (VWCB). Among other duties, they are responsible for any discharge of sewage and other wastes into or adjacent to state waters, including discharges into a dry run, stream or ditch, or onto the ground. This is regulated through the National Pollution Discharge Elimination System (NPDES) permits, pursuant to Section 62.1-44.15 of the Virginia Code and the Federal Water Pollution Control Act under contract with the Environmental Protection Agency. Prior to obtaining an NPDES, a formal application must be submitted containing specific information about the location, design and extent of treatment anticipated. Notification of the local governing body must also be submitted at this time. Discharge limitations are then set for the proposed system, and a notice is published soliciting public comments on the application related to water quality issues. At this time the application is also referred to VDH for their review and recommendation. Should favorable comments be received, the application is approved. Permits are issued on a first come first serve basis. 4 _o The VWCB utilizes standardized effluent limitations, which are shown in Table 3, as the specific standards for the quality of the wastewater discharged. These standards are equivalent to secondary treatment. In addition, chlorination and dechlorination must be provided. These limitations are utilized.for all discharges to all surface water, except those classified as "prohibited waters" and "protected waters". There are no "prohibited waters" located in Roanoke County. Protected waters, which would include the following, are evaluated on a case by case basis. -Public Water Supply waters, -Natural Trout and Put and Take Trout waters, -Waters containing endangered or threatened species, and -Multiple dischargers in close proximity to one another. Dependent upon these factors, standardized effluent limitations are accepted, modified to be more stringent, or the permit request should be denied. Table 3 Virginia Water Control Board Effluent Limitations for Individual Aerobic Treatment Systems Discharge Limitation Effluent Characteristics Monthly Average Weekly Average -------------------------------------------------------------------- BODS, mg/1 30 45 Suspended Solids, mg/l 30 45 -------------------------------------------------------------------- Source: Virginia Water Control Board, 1988. NPDES permits must be renewed every five years. At this time available performance records are reviewed, if available, and a visual inspection of the site is made. Otherwise, inspections are made only in response to a complaint. VWCB policy does not require routine testing and sampling, as it does for larger public systems. Also at renewal time, additional effluent limitations could be imposed, requiring modifications to these systems after initial approval. Due to the overlapping roles of the VWCB and VDH, there has been discussions of transferring sone or all of the responsibilities for these individual systems to VDH. To date no specific agreement between agencies has been reached. However, VDH personnel will be providing NPDES permit packages to applicants and will assist individuals as staff time allows. 5 Role of the Virginia Department of Health (VDH) The VDH is responsible for approving all individual sewage disposal systems which utilize soil absorption systems. In addition to the conventional gravity flow septic tank-drainfield system, VDH also presently permits low pressure distribution drainfield systems, elevated sand mounds, and chlorinated sand filters. Through a memorandum of understanding, VDH, has also been reviewing NPDES permit applications in order to provide recommendations related to public health. In May, 1988, the first set of interim policies and guidelines were issued by VDH , effective immediately as well as to solicit comments. They are intended to provide for more thorough and consistent review and recommendations on these systems across the State. Final guidelines are under preparation and are expected to be implemented this'fall.- These interim guidelines first require that all other options for sewage disposal be explored and found unsatisfactory. In addition, three primary concerns have been cited in considering a recommendation on these systems. These include: 1) the type of discharge; 2) the development density within the area of the discharge; 3) and long term maintenance. The policy encourages that these three items be addressed prior to offering a favorable comment on an NPDES permit request. In terms of the types of discharges, the interim guidelines recommend that dry ditch or no ditch discharges be given an unfavorable recommendation unless strict buffering standards (500 feet) under control of the property owner (ownership or easement) is provided below each discharge point. This can be modified following a site inspection for site topography or soil absorption characteristics, other means of controlling access, commitment to proper maintenance, or additional methods of pretreatment prior to discharge. Dry ditch' discharges would also be given an unfavorable 'recommendation within one mile upstream from any public water intake or any public swimming or bathing area. The interim guidelines also specifically state that VDH will not support multiple lot subdivisions unless a public service authority exists which will perform inspections and maintain the systems. Large single treatment systems are usually the more appropriate treatment method for subdivisions. Regardless of their location, VDH strongly supports local creation of public service authorities designed to routinely inspect and maintain these systems. In lieu of this, they support local regulations requiring maintenance contracts with private industry. Finally, these guidelines stat4. that VDH will inspect these individual aerobic systems for compliance with plans and specifications which were permitted by the VWCB. However, no schedule or frequency, -of inspection proposed is identified. 0 Although these interim guidelines and policy are temporary until Z),.3 final guidelines are developed and adopted, they provide an indication of the areas of concern to VDH.. Completion of the final guidelines should be closely monitored in order to determine the most appropriate role for the County to pursue. Role of Roanoke County Roanoke County's role in regulating sewage disposal is based on a number of interrelated ordinances and standards. Foremost of these is Chapter 16 of the Roanoke County Code of 1971 (Chapter 18 of the County Code of 1985) which includes standards for private sewage disposal systems and specifications for septic tank systems. More specifically, Section 16-15 states: "It shall be unlawful for the owner of any house used as a place of habitation... to be occupied until the house ... shall have an approved method of disposal of human excrement of such construction as will comply with the requirements of this article. The only methods cited in Chapter 16 are septic tank systems and public sewer systems. This is further supported by Section 16-45(c) which states: "Unless exception is granted by the approving authority [defined as the County Administrator or his duly authorized representative] or by other provisions of this chapter, the public sewer system shall be used by all persons discharging wastewater..." This provision of the County Code is cross referenced to Building regulations, Chapter 7; erosion and sediment control, Chapter 8; zoning ordinance, Appendix A; and subdivisions, Appendix B. These sections of the Code make up the body of local, -regulations related to land use and land development. In addition to the specific regulations, land use and development are guided by the Roanoke County Comprehensive Plan. This document, adopted by the Board of Supervisors in 1985, establishes policy for the future growth and development of the County through the year 2003. Included in this document and related support documents are a number of policies directly and indirectly recommendations related to sewage disposal and individual aerobic treatment systems. First, the Development Framework Guide recommends that growth be stimulated in those areas which can be most efficiently served by public facilities. Conversely, growth is to be limited in those areas which can not be efficie6tly served with all public utilities. These areas are designated in the plan and referred to as the urban service area and rural service area. In the table of Public Service Characteristics (Tabl.e II, page 10) public systems are recommended for urban service areas and individual septic systems are recommended for rural service areas. No other alternative methods of wastewater treatment are referenced in the Plan. Should these individual 7 Elm_j treatment systems be allowed, particularly for new construction, it could accelerate growth in areas not anticipated in the Plan, particularly under the present zoning. The Future Land Use Guide portion of the Plan recommends overall densities of one dwelling unit per 5 acres for the areas designated Rural Preserve, one unit per acre for Rural Village areas, and one to three units per acre for areas designated as Village Center. Under the present interim guidelines used by VDH in evaluating an individual system proposal, there would be little to no effect on the Rural Village and Village Center areas, since these guidelines would limit their use in multiple lot subdivisions. However in the areas designated as Rural Preserve, all of these interim guidelines could be met, again permitting additional growth not anticipated. Finally, in the Resource Protection Guide portion of the Plan the policy guidelines recommend reevaluation of the performance of septic systems in order to protect groundwater and other water resources. Based on the performance record of these systems as indicated above, they do not appear to have established a reliability consistent with these guidelines. Therefore cautious and deliberate evaluation should be undertaken prior to approval of their use. Extreme care is also recommended in addressing on-site sewage disposal on steep slopes. The thin soils and rates of runoff make,these areas particularly susceptible to surface and groundwater pollution. Historically, areas with steep slopes have gone undeveloped, unless public sewer was available due to the slope limitations of conventional septic systems and other approved methods of sewage disposal. Individual aerobic systems have no known limitations related to slope. This could expose substantial areas of the County to new development previously not suitable for development. Related to this issue of private individual treatment systems is the county's past experience with the public costs associated with the development of land with private improvements.,& Between the State and County, $1.5 million will be spent over the next 5 years to upgrade private roads, previously approved, to state standards in order to permit acceptance into the State road system. The costs in the future to convert private roads to public stands is estimated to be an additional $1.5 to 5.0 million. In response to this public cost, private road subdivisions are no longer permitted by policy, unless unique and unusual circumstances exist. Similar policies have been adopted for private community sized water supply and sewage disposal systems. At the same time, the public sewer system is being extended into areas not scheduled for service at this time due to failing septic systems. This experience has led to an overall policy of reluctance to endorse privately owned improvements which carry public responsibilities. 4 Experience of Other Communities There have been a wide range of responses to requests for approval of the individual aerobic systems across the State. In Loudoun County, they are prohibited unless owned and maintained by the Sanitation Authority, while in Clarke County (known for its activities in 8 tw__n groundwater protection) they are prohibited. In contrast, Frederick and Shenandoah are reportedly approving requests upon favorable recommendation by the local health department. At the regional level, Middle Peninsula PDC is researching the issue at the request of a number of local jurisdictions in that region, while the Southeastern PDC has recommended their use only if no other options are available. They have also suggest the posting of a performance bond to insure maintenance. As with the jurisdictions in Virginia, the same extremes can be found among the states. Massachusetts has recently banned their use. Ohio permits them without discharge permits or chlorination. Iowa and Minnesota permit individual aerobic treatment systems as long as they discharge into a soil absorption system. Issues Related to Individual On-site Treatment One item identified during a review of the subdivision ordinance is that the current practice of approving lots without prior approval of the Health Department for on-site sewage disposal. This may be partially responsible for the recent interest in individual treatment systems. In January, 1988, the Roanoke County/Vinton Health Department prepared requirements for approving sewage disposal systems for subdivisions prior to recordation and subsequent sale. The necessary steps should be taken to formally adopt these requirements to avoid further intensification of the problem. Summary In relationship to the foundation offered by the conventional septic system or other accepted alternatives for on-site sewage treatment, these systems present a number of issues which should be addressed prior to approval. Foremost is the problem of insuring proper maintenance. Independent studies of these systems have indicated that the quality of the effluent has been inconsistent due primarily to the maintenance problems associated with these systems. Simply stated, these studies concluded that these individual aerobic units are often neglected and improperly maintained by the homeowner once they are installed. At the present time, responsibility for approving these systems rests with the Virginia Water Control Board (VWCB). Prior to installation the property owner must obtain a National Pollution Discharge Elimination System (NPDES) permit. This permit determines the quality of effluent discharged by the system. Approval by the County pursuant to Section 62.1-44.15:3 of the Code of Virginia is also required prior to issuing a permit. In addition, the Virginia Department of Health (VDH) reviews NPDES permit applications for public health issues. VDH hisialso recently issued interim guidelines for commenting on any applications for these systems. Final guidelines are expected to be issued this fall. However, neither agency formal.'monitors or inspects these systems on a routine basis. They do, however, recognized the problem of maintenance and encourage local communities to establish public service authorities to monitor and maintain these aerobic units, or require maintenance contracts with private industry. 9 E�-j In Roanoke County, under current requirements in Chapter 16 of the County Code, these systems are not permitted. The only accepted methods of waste disposal are septic systems with soil absorption fields ( drainfields) or central sewer systems. In addition, these systems represent a private improvement related to land development, similar to the private roads and water systems now prohibited by ordinance, which has the potential for becoming a public responsibility. Finally, individual aerobic wastewater systems are not reflected or contemplated in the policies contained in the Comprehensive Plan. These systems left to the current regulatory mechanisms, could encourage growth in a fashion inconsistent with the Plan, and contradict policies related to resource protection such as water quality. Despite these aspects,. -the Planning Commission concurs with Health officials that these systems, if closely monitored, would provide a more acceptable solution to an existing failing septic system which poses a hazard to public health. This would allow limited numbers of these systems to be utilized in hardship situations, while permitting further evaluation by the VWCB, VDH and the County. Therefore, listed below are recommendations to guide the county in formulating the necessary measures in a manner which will permit the approval of individual aerobic systems, where unique and unusual circumstances exist, while insuring that the public interests and concerns are adequately addressed. RECOMMENDATIONS 1. That an ordinance be prepared amending Chapter 16 of the County Code establishing criteria, standards, monitoring requirements, provisions for maintenance, and determining the administrative process to permit individual aerobic treatment systems on a hardship - basis only as a replacement system for a faile-d septic system on an improved lot which constitutes a risk to public health. This ordinance should address the following specific items: a. Specific systems should be limited to those certified under NSF Standard 40 meeting Class I criteria and approved by VDH for use in Virginia. b. The VDH interim guidelines should be reviewed and where appropriate to Roanoke County incorporated into the ordinance. c. A system for monitoring should be established to permit evaluation of the quality of effluent discharged and serve as a check on proper maintenance. d. Provisions should be incorporated into the deed to each parcel approved for an individual system to serve as a notice to future property owners.. e. Require a perpetual maintenance agreement for the life of the individual system, and/or if appropriate require a bond to insure proper maintenance. 10 3 f. Establish a fee structure and design maintenance and monitoring requirements to minimize or eliminate.any negative fiscal impact on the County. g. Work closely with the Roanoke County/Vinton Health Department, VDH, VWCB and involved county agencies in developing the ordinance. Related Recommendations 1: Take the necessary steps to implement, as soon as possible, the Health Departments approval of sewage disposal in subdivisions prior to recording of the plat. FOOTNOTES Z-3 1. Edwin Bennett, et al, "Comparison of Septic Tank and Aerobic Treatment Units: The impact of Wastewater Variations on These Systems" , Department of Civil and Environmental Engineering, Colorado University, Boulder, Colorado. Presented at the Rural Environmental Engineering Conference, Warren, Vermont on September 26, 1973. 2. John W. Clark, et al, Water Supply and Pollution Control (New York: Harper & Row Publishers, 1977) p. 622. 3. "Report on -the Performance Evaluation of Norweco, Inc. Singulair Model 820 Individual Home Wastewater Treatment System" Report No. 540-8-1. (National Sanitation Foundation, Ann Arbor, Michigan. 1984) pp. 2-4. 4. Edwin Bennett, et al. p. 20. 5. Dan W. Tipton, "Experience of a County Health Department with Individual Aerobic Sewage Treatment Systems", Jefferson County Health Department, Lakewood, Colorado. Presented at the APHA Convention, New Orleans, Louisiana in November, 1974. p. 8. 6. Ohio Department of Health, "Hamilton County Home Aerobic Systems Sewage Disposal Program Survey", Department of Health, Columbus, Ohio, 1979. Unpublished. p. 11. tl 12 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 26, 1988 RESOLUTION 82388-6 AMENDING RESOLUTION 10-14-86- 209 ALLOWING MILEAGE REIMBURSEMENT FOR MILEAGE IN THE USE OF A PERSONAL VEHICLE FOR COUNTY BUSINESS BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Resolution 10-14-86-209 adopted October 14, 1986, allowing mileage reimbursement for the use of personal vehicles while conducting County business be, and hereby is, .amended to provide a reimbursement of 22.5 per mile for the first 15,000 miles and ll� per mile for all miles over the first 15,000 miles; and 1. That this rate shall be in full force and effect for mileage expenses incurred from and after September 1, 1988. On motion of Supervisor Nickens, seconded by Supervisor McGraw and carried by the following recorded vote: AYES: Supervisors Johnson, McGraw, Nickens, Robers, Garrett NAYS: None A COPY TESTE: Mary H. Allen, Deputy Clerk Roanoke County Board of Supervisors A cc: File Diane Hyatt, Director, Finance Reta R. Busher, Director, Management & Budget Assistant County Administrators Department Heads Constitutional Officers ACTION # 82388-7 ITEM NUMBER _ D — S AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 23, 1988 AGENDA ITEM: Approval of a Mutual Aid Agreement with Floyd County for Fire Protection and Emergency Medical Services COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: SUMMARY OF INFORMATION: Floyd County and Roanoke County have been negotiating the terms and provisions of a mutual aid agreement to provide fire protection and emergency medical services for their citizens. This agreement is an integral part of implementing an E911 link- age between Floyd and Roanoke Counties. Statutory authority for this mutual aid agreement is found in Chapter 1 of Title 27 of the 1950 Code of Virginia. This agreement is attached to this report and it provides for mutual aid in firefighting and emergency medical Services in designated areas and in non -designated areas, if personnel and equipment are available and can be safely spared; reservation of immunities and liability; and termination provisions. The Board of Supervisors of Floyd County reviewed and approved this agreement on August 15, 1988. ALTERNATIVES AND IMPACTS: STAFF RECOMMENDATION: It is recommended that the Board authorize the County Admin- istrator to execute this mutual aid agreement with Floyd County. D-5 Respectfully submitted, 9'j Paul M. Mahoney County Attorney ------------------------------------------------------------------ ACTION VOTE Approved (X) Motion by: Lee Garrett/Harry C. No Yes Abs Denied ( ) Nickens Garrett x Received ( )- . Johnson x Referred McGraw x To Nickens x Robers x cc: File Paul Mahoney Tommy Fuqua .Q Z)-.5 This Agreement, made and entered into this day of , 1988, by and between the COUNTY OF ROANOIE,' VIRGINIA, hereinafter referred to j as Roanoke County and the COUN'T'Y OF FLOM, VIRGINIA, hereinafter referred to as Floyd County and The FLOM COUNTY VOLUNTEER FIRE DEPARTMENT, INC., A Virginia Corporation, hereinafter referred to as the Floyd County Volunteer Fire Department; and the FIM COUNTY LIFE SAVING AND FIRST AID SQUAD, INC., A Virginia Corporation, hereinafter referred to as the Floyd County Rescue Squad. WITNESSETH WHEREAS, the Boards of Supervisors of Roanoke County and Floyd County desire to provide the best and most cost-effective fire protection and emergency medical services for their citizens; and WHEREAS, Floyd County and the Floyd County Volunteer Fire Department own fire -fighting equipment used by the Floyd County Volunteer,Fire Department, and Floyd County and the Floyd County Rescue Squad own emergency. medical equipment used by the Floyd County Rescue Squad; and WHEREAS, the Boards of Supervisors of both counties and the Floyd County Volunteer Fire Department and the Floyd County Rescue Squad, have concurred in the effort to develop a mutual aid agreement for improved fire fighting and emergency medical services in Roanoke and Floyd Counties, as authorized by Section 27-3'd "the Code of Virginia; and -1- -D-5 WHEREAS, Section 27-3.1 of the Code of Virginia provides that cooperating counties may procure or extend the necessary public liability linsurance to cover claims arising out of mutual aid agreements. NOW THEREFORE, for and in consideration of the undertakings thereinafter set out, the parties covenant and agree as follows: 1. Mutual aid in firefighting & Emergency Medical Services a. Roanoke County Fire & Rescue Department - Station 8 will respond to calls in areas designated by C & P Telephone Co. E-911 coverage map (see attached). b. Floyd County Volunteer Fire Department & Floyd County Rescue Squad will send units to assist on calls in Roanoke County in the area from Floyd County - Roanoke County line East to top of Bent Mountain, when personnel and equipment are available and can be safely spared. 2. Assistance in non -designated areas Roanoke and Floyd Counties agree to respond when called to assist in the other areas not described in this agreement, when the personnel and equipment are available and can be safely spared. 3. Designation of officials Roanoke and Floyd Counties Fire and Rescue shall respond to a call for service only upon request of the official designated for -2- 2) -5 that purpose. The parties shall notify one another of the identity of the official or officials designated to request such assistance. 4. Notification of Calls in Floyd County Roanoke County dispatcher will notify Floyd County of all Fire and Rescue calls that Roanoke County responds to in Floyd County, at the time the units are dispatched. 5. Application of Department policies Officers, employees, agents, and volunteers shall comply with the operational policies of their own departments. The parties agree to hold their own officers, agents, employees, and volunteers, respectively, responsible and accountable for compliance with operation policies of the respective departments. 6. Retention of benefits While acting under this Agreement, officers, agents, employees, and volunteers shall have all the immunities from liabilities and exemptions from -laws, ordinances, and regulations and shall have all the pension, relief, disability, workers' compensation, and other benefits enjoyed by them while performing their respective duties within the territorial limits of their political sub- division. 7. Liability for damaged equipment Roanoke County shall have no liability for any destruction, -3- Z-6- loss, -5 loss, or damage of any Floyd County -owned or Floyd County Volunteer Fire Department and/or Floyd County Rescue Squad -owned motor vehicle, equipment, or personal property and Floyd County and Floyd County Volunteer Fire Department and Floyd County Rescue Squad shall have no liability for any destruction, loss, or damage of any Roanoke County -owned motor vehicle, equipment, or personal property in the exercise of any power under or pursuant to this Agreement. 8. Immunities not impaired hereby This Agreement shall not be construed to impair or affect any sovereign or governmental immunity or official immunity that may otherwise be available to Roanoke County or any officer, agent, or employee of Roanoke County, or to Floyd County or any officer, agent, or employee of Floyd County. 9.Commencement of Agreement This Agreement shall become effective on Is 1O.Termination of Agreement Any party to this Agreement may terminate same, with or without cause, by giving written notice to the other parties by -certified mail, return receipt requested. Any termination notice must be given at least sixty (60) days prior to July 1st of any given year. This Agreement shall continue from year to year unless terminated as indicated above-; or all parties mutually.agree to terminate. -4- ll.Entire Agreement _5 This Agreement represents the -entire and intergrated..Agreement between the parties and supersedes all prior negotiations, repre- sentations, or agreements, either oral or written. This Agreement may be amended only by written instrument signed by authorized re- presentatives of all parties. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. COUNTY OF ROANOKE, VIRGINIA BY: County Administrator I Attest: Deputy Clerk COUN'T'Y OF FLOYD, VIRGINIA BY: Chairman, Board of Supervisors Attest: Clerk FLOYD:COUNTY VOLUNTEER FIRE DEPARTMENT, INC. BY: President Attest: Secretary FLOYD COUNTY LIFE SAVING AND FIRST AID SQUAD, INC. BY: President ATTEST: Secretary -5- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 23, 1988 RESOLUTION NO. 82388-8 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM I - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That that certain section of the agenda of the Board of Supervisors for August 23, 1988, designated as Item I - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 5, inclusive, as follows: 1. Minutes of Meetings - April 12, 1988, April 26, 1988. 2. Confirmation of committee appointments to the Community Corrections Resources Board and recommendations to the Landfill Citizens Liaison Committee. 3. Request for acceptance of Meadow Valley Circle and Orchard Valley Circle into the VDOT Secondary System. 4. Request for acceptance of Red Barn Lane into the VDOT Secondary System. 5. Request for a Raffle Permit from the Northside High School Band Boosters. 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, seconded by Supervisor Robers, and upon the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None Mary H. Allen, Deputy Clerk 8/24/88 Roanoke County Board of Supervisors cc: File Phillip Henry, Director of Engineering John Hubbard, Assistant County Administrator ACTION NO. ITEM NUMBER -252 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE August 23, 1988 SUBJECT: Confirmation of Committee Appointments to the Community Corrections Resources Board and the Landfill Citizens Liaison Committee COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The following nominations were made at previous board meetings and must now be confirmed by the Board of Supervisors. The nominee has agreed to serve. Community Corrections Resources Board Bernard Hairston has been nominated by Supervisor Nickens ,to serve another one-year term. His term will expire August 13, 1989. Landfill Citizens Liaison 'Committee The following recommendations to the Landfill Citizens Liaison Committee been made and must be confirmed. Supervisor McGraw recommended Ms. Barbara Fasnachat to represent the Catawba Magisterial District. Supervisor Robers recommended Mr. Carl Wright to represent the Cave Spring Magisterial District. Supervisor Johnson recommended Harold Richardson to represent the Hollins Magisterial District. Supervisor Nickens recommended Ms. Donna Wood to represent the Vinton Magisterial District. Supervisor Garrett recommended Mr. I. Boyd Overstreet to represent the Windsor Hills Magisterial District. SUBMITTED BY: Mary H. Allen Deputy Clerk APPROVED BY: 1"'L & Elmer C. Hodge County Administrator -r z ------------------------------------------ ACTION VOTE Approved (3) Motion by: _ Bob L. Johnson/Richard Yes No Abs Denied ( ) W. Robers Garrett Received ( ) Johnson Referred McGraw To: Nickens Robers .� cc: File Community Corrections Resources Board File Landfill Citizen Liaision Committee File Is A AT THE REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 23, 1988 RESOLUTION 82388-8.b REQUESTING ACCEPTANCE OF MEADOW VALLEY CIRCLE AND ORCHARD VALLEY CIRCLE 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 Meadow Valley Circle from the intersection with Route 1390 to the terminus at the cul-de-sac for a distance of 0.09 miles and Orchard Valley Circle from the intersection with Route 1390 to the terminus at the cul-de-sac for a distance of 0.14 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 forisaid roads have been dedicated by virtue of certain maps known as Section One and Section Two of Meadowcreek Subdivision which maps were recorded in Plat Book 9, Page 305, and Plat Book 9, Page 345, respectively, of the records of the Clerk's Office of the Circuit Court of Roanoke County, Virginia, on September 5, 1984 and November 12, 1985, respectively, and that by reason of the recordation of said maps no :teport 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 right-of-way for drainage. 1 - ar 3. That said roads known as Meadow Valley Circle and Orchard Valley Circle and which are 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 streets by the Virginia Department of Transportation. On motion of Supervisor Johnson, seconded by Supervisor Robers and carried by the following recorded vote: AYES: Supervisors Johnson, McGraw, Nickens, Robers, Garrett NAYS: None A COPY TESTE: Mary H. Allen, Deputy Clerk Roanoke County Board of Supervisors 10 cc: File Phillip T. Henry, Director, Engineering Arnold Covey, Director, Development & Inspections, and copy for Virginia Department of Transportation I 2 AT THE REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 23, 1988 RESOLUTION 82388-8.c REQUESTING ACCEPTANCE OF RED BARN LANE 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 for Red Barn Lane, from the intersection with Route 1096 to the terminus at the cul-de-sac for a distance of 0.17 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 road have been dedicated by virtue of a certain map known as Section 2, Little Tree Acres Subdivision which map was recorded in Plat Book 9; 1 Page 322, of the records of the Clerk's Office of the Circuit Court of Roanoke County, Virginia, on May 14, 1985, 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 right-of-way for drainage. 3. That said road known as Red Barn Lane and which is A shown on a certain sketch accompanying this Resolution, be, and the same is hereby established as public road to become a part of the State Secondary System of Highways in Roanoke County, only 1 from and after notification of official acceptance of said street or highway by the Virginia Department of Transportation. On motion of Supervisor Johnson, seconded.by Supervisor Robers and carried by the following recorded vote: AYES: Supervisors Johnson, McGraw, Nickens, Robers, Garrett NAYS: None A COPY TESTE: Mar H. Allen, Deputy Clerk Roanoke County Board of Supervisors cc: File Phillip T. Henry, Director, Engineering Arnold Covey, Director, Development & Inspections, and Copy for Virginia Department of Transportation 1 2 ACTION NO. 82388-8.d ITEM NUMBERS" -5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 23, 1988 AGENDA ITEM: Request for approval of Raffle Permit for the Northside High School Band Boosters COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Northside Band Boosters has applied for a Raffle Permit to be held on November 4, 1988. They have paid the $25.00 fee. The application has been reviewed by R. Wayne Compton, Commissioner of the Revenue and he recommends approval. Mary H.Allen Deputy Clerk Elmer C. Hodge County Administrator -------------------------------------------------------------------------- ACTION VOTE Approved ( Motion by: Rnh T,_ .Tnhncnn/Rir-harr1 Yes No Abs Denied ( ) w_ Rahers Garrett x Received ( ) Johnson x Referred McGraw x To: Nickens x Robers x cc: File Bingo/Raffle File COUNTY OF ROANOKE, VIRGINIA COMMISSIONER OF THE REVENUE APPLICATION FOR PERMIT TO CONDUCT RAFFLES OR BINGO --r-..5 Application is hereby made for a bingo game or raffle permit. This application is made subject to all County and State laws, ordinances, rules, and regulations now in force, or that may be enacted hereafter and which are hereby agreed to by the under- signed applicant and which shall be deemed a condition under which this permit is issued. All applicants should exercise extreme care to ensure the accura- cy of their responses to the following questions. Bingo games and raffles are strictly regulated by Title 18.2-340.1 et. seg. of the criminal statutes of the Virginia Code, and by Section 4-86 et. seq. of the Roanoke County Code. These laws authorize the County Board of Supervisors to conduct a reasonable investiga- tion prior to granting a bingo or raffle -permit. The Board has sixty days from the filing of an application to grant or deny the permit. The Board may deny, suspend, or revoke the permit of any organization found not to be in strict compliance with county and state law. Any person violating county or state regulations concerning these permits shall be guilty of a Class 1 misdemeanor. Any person who uses any part of the gross receipts from bingo or raffles for any purpose other than the lawful religious, charitable, community, or educational purposes for which the organization is specifi-- cally organized, except for reasonable operating expenses, shall be guilty of a Class 6 felony. THIS APPLICATION IS FOR: (check one) RAFFLE PERMIT BINGO GAMES Name of Organization Street Address VI 1U0iP,tlt!9JDt A Mailing Address S 44K. City, State, Zip Code .014e, ( g . Q uol q Purpose and Type of:Organization V� Qk)- A i _ 1 1% When was the organization founded? 1 Roanoke County meeting place? &&*Ib� 4 6A --*�L Has organization been n existence in Roanoke County for two con- tinuous years? YES_ NO Is the organization non-profit? YES_ NO Indicate Federal Identification Number # Attach copy of IRS Tax Exemption letter. Officers of the Organization: President Address: Secretary Address: : *' �6ME .A Lf.l✓ ice -President Tpu� i%-cL.,�D JI'3 Address: SZo dR,�l/ SQ/Q/F*A) J//Q/A Mo VA . 'a 060J09E, VA'. a�oi9 :�go S aiTreasurer c�i� i �E OI_69STRFE7T kAddress:x/24 �ie.� /µE Ate +_ �OPWOKG A Member authorized to be responsible for Raffle or Bingo opera- tions: Name I/A WF— TOBeI27 SDN1 Home Address& / 0y, %, ZT-Z. ✓ A .• � �"/a Phone V 3 o3/-3*d Bus. Phone A COMPLETE LIST OF THE NAMES AND ADDRESSES OF CURRENT MEMBER- SHIP MUST BE FURNISHED WITH THIS APPLICATION. Specific location where Raffle or Bingo Game is to be conducted. f NR4t,F 7 ME- A -r RAFFLES: Date of Drawing Time of Drawing POOTIAVL 6 4W E A OPO - 9:00 e° BINGO: Days of Week & Hours of'Activity: Sunday From To Monday From To Tuesday From To Wednesday From To Thursday From To Friday From To Saturday From To 0 =__S State specifically how the proceeds from the Bingo/Raffle will be used. List in detail the use of the planned or intended use of the proceeds. Use estimated amounts if necessary. ITEMS 89 BUDGET uniforms, supplies 700.00 Entrance fees 420.00 Transportation 600.00 Front Camp fees 250.00 Scholarships (2) 1000.00 Band equipment 1000.00 Recruitment 300.00 Newsletter 200.00 Marching camp 500.00 Handbook 100.00 Student workshops 1000.00 Marching camp dep. 1000.00 70TAL 7070.-00 I WE PC,RxJ It USE i�w- fftePEDS FRDr►q ooIZ, (ZAff(,E -ro Fuqua Ttls ASaIE i'rCnS ►+t1 Su�2� OF -1-f}g /UO/z771 S%DE N%6H SU4WC_ /%lfh?&,41X1G 4 3 s -s BINGO: Complete the following: Legal owner(s) of the building where BINGO is to be conducted: Name: Address: County State zip Is the building owned by a 501-C non-profit organization? Seating capacity for each location: Parking spaces for each location: ALL RAFFLE AND BINGO APPLICANTS MUST ANSWER QUESTIONS 1 - 19 1. Gross receipts from all sources related to the operation of Bingo games or Instant Bingo by calendar quarter for prior calen- dar year period. BINGO INSTANT BINGO 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Total 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter z Total 2. Does your organization understand that it is a violation of law to enter into a contract with any person or firm, associa- tion, organization, partnership, or corporation of any classifica- tion whatsoever, for the purpose of organizing, managing, or con- ducting Bingo Games or Raffles? 3. Does your organization understand that it must maintain and file complete records of receipts and disbursements pertaining to Bingo games and Raffles, and that such records are subject to audit by the Commissioner of the Revenue? yE5 4. Does your organization understand that the Commissioner of the Revenue or his designee has the right to go upon the premises on which any organization is conducting a Bingo game or raffle, to perform unannounced audits, and to secure for audit all re- cords required to be maintained for Bingo games or raffles? VES 4 .z s 5. Does your organization understand that a Financial Report must be filed with the Commissioner of' the Revenue on or before the first day of November of each calendar year for which a per- mit has been issued? 6. Does your organization understand that if gross receipts ex- ceed fifty thousand dollars during any calendar quarter, an addi- tional Financial Report must be filed for such quarter no later than sixty days following the last day of such quarter? W -S 7. Does your organization understand that the failure to file financial reports when due shall cause automatic revocation of the permit, and no such organization shall conduct any Bingo game or raffle thereafter until such report is properly filed and a new permit is obta=ined? VES 8. Does your organization understand that each Financial Report must be accompanied by a,Certificate, verified under oath by the .Board of Directors, that the proceeds of any Bingo game or raffle have been used for these lawful, religious, charitable, commu- nity, or educational purposes for which the organization is spe- cifically chartered or organized, and that the operation of Bingo games or raffles have been in accordance with the provisions of Article 1.1 of Chapter 8, Title 18.2 of the Code of Virginia? 9. Does your organization understand that a one percent audit fee of the gross receipts must be paid to the County of Roanoke upon submission of the annual financial report due on or before the first of November? tjE�j 10. Does your organization understand that this permit is valid only in the County of Roanoke and only at such locations, and for such dates, as are designated in the permit application? 11. Does your organization understand that no person, except a bona fide member of any such organization who shall have been a member of such organization for at least ninety days prior to such participation, shall participate in the management, opera- tion, or conduct of any bingo game or raffle, and no person shall receive any remuneration for participating in management, operation, or conduct of any such game or raffle?yES 12. Has your organization attached a check for the annual permit fee in the amount of $25.00 payable to the County of Roanoke, Virginia? 13. Does your organization"understand that any organization found in violation of the County Bingo and Raffle Ordinance or §18.2- 340.10 of the Code of Virginia authorizing this permit is subject to having such permit revoked and any person, shareholder, agent, member or employee of such organization who violates the above to having such permit revoked and any person, shareholder, agent, member or employee of such organization who violates the above referenced Codes may be guilty of a felony? 5 _r 5 14. Has your organization attached a complete list of its member- ship to this application form? VAS 15. Has your organization attached a copy of its bylaws to this application form? �/FS 16. Has the organization been declared exempt from pr�op erty taxa- tion under the Virginia Constitution or statutes? No If yes, state whether exemption is for real, personal property, or both and identify exempt property. 17State the specifi type an purpose of the organization .NON- OenFir ,nPr Xi 7_AjHnAJ 7n Si iwn,P7- liPrµ-ci bG 18. Is this organization incorporated in Virginia? leo If yes, name and address of Registered Agent: 19. Is the organization registered with the Virginia Department of Agriculture and Consumer Affairs pursuant to the Chafitable Solicitations Act, Section 57-48 of the Virginia Code? IV (If so, attach copy of registration.) Has the organization been granted an exemption from registration by th Virginia Department of Agriculture and Consumer Affairs? Q(If so, attach' copy of exemption.) ALL RAFFLE APPLICANTS DESCRIBE THE ARTICLES TO BE RAFFLED, VALUE OF SUCH ARTICLES, AND PROCEED TO NOTARIZATION. Article Description Foe, 2 - Foe Z ExlosIsa 70 I. Fair Market Value 60022 040 00 o• 3c� == s ALL BINGO APPLICANTS MUST ANSWER QUESTIONS 20 - 27 BEFORE NOTARIZATION RAFFLE APPLICANTS, GO TO NOTARIZATION. 20. Does your organization understand that the bingo games shall not be conducted more frequently than two calendar days in any calendar week? 21. Does your organization understand that it is required to keep complete records of the bingo game. These records based on §18.2- 340.6 of the Code of Virginia and §4.98 of Roanoke County Code must include -the following: a. A record of the date, quantity, and card value of instant bingo supplies purchased, as well as the name and address of the supplier of such instant bingo supplies, and written invoice or receipt is also required for each purchase of in- stant bingo supplies? b_. A record in writing of the dates on which Bingo the number of people in attendance on each date, amount of receipts and prizes on each day? (These records must be retained for three years.) is played, and the c. A record of the name and address of each individual to whom a door prize, regular or special Bingo game prize or jackpot from the playing of Bingo is awarded? d. A complete and itemized record of all receipts and disburse- ments which support, and that agree with, the quarterly and annual reports required to be filed,,and that these records must be maintained in reasonable order to permit audit? 22. Does your organization understand that instant Bingo may only be conducted at such time as regular Bingo game is in progress, and only at such locations and at such times as are specified in this application? 23. Does your organization understand that the gross receipts in the course of a reporting year from the playing of instant Bingo may not exceed 33 1/3% of the gross receipts of an organization's Bingo operation? 24. Does your organization understand it may not sell an instant Bingo card to an individual,below sixteen years of age? 25. Does your organization understand that an organization whose gross receipts from all bingo operations that exceed or are ex- pected to exceed.$75,000 in any calendar year shall have been granted tax-exempt status pursuant to Section 501-,C of the United States Internal Revenue Service? (Certificate must be attached.) 7 26. Does your organization understand that a Certificate of Occu- pancy must be obtained or be on file which authorizes this use at the proposed location? 27. Does your organization understand that awards or prize money or merchandise valued in excess of the following amounts are illegal? a. No door prize shall exceed twenty-five dollars. b. No regular Bingo or special Bingo game shall exceed One Hund- red dollars. C. No jackpot of 'any nature whatsoever shall exceed One Thousand Dollars, nor shall the total amount of jackpot prizes awarded in any one calendar day exceed One Thousand Dollars.* NOTARIZATION: THE FOLLOWING OATH MUST BE TAKEN BY ALL APPLICANTS I hereby swear or affirm under the penalties of perjury as set forth in §18.2 of the Code of Virginia, that all of the above statements are true to the best of my knowledge, information, and beliefs. All questions have been answered. Signed by: �t 1,.5;abs;cribed and sworn before me, +` N-00mmis sion expires: 19� 03 &WMDAir d te. 2AX&< . �s�aiF this day / `19�� J. � ro_ , 1 d�'7 NotarylPublic PLEASE RETURN THIS COMP1R,TED APPLICATION TO: R. Wayne Compton, Commissioner of the Revenue P. 0. Box 20409 Roanoke, VA 24018-0513 EV 5 NOT VALID UNLESS COUNTERSIGNED The above application, having been found in due form, is approved and issued to the applicant to have effect until December 31st of this calendar year. 'T(- 1a- - 7FY P �J � (2,, A Date ommiss oner of th Revenue The above application is not approved. Date FJ Commissioner of the Revenue a AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 23, 1988 RESOLUTION 82388-9 PURSUANT TO SECTION 15.1-238 (e) OF THE 1950 CODE OF VIRGINIA, AS AMENDED, SETTING FORTH THE INTENT OF ROANOKE COUNTY TO ENTER UPON CERTAIN PROPERTIES AND TO TAKE CERTAIN SANITARY SEWER EASEMENTS IN CONNECTION WITH THE EXTENSION OF PUBLIC SEWER TO NICHOLS ESTATES BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the extension of the public sewer service area adjacent to Nichols Estates is being undertaken by the County of Roanoke to alleviate the problem of failing and substandard sep- tic systems by extending the sanitary sewer service along the natural drainageway; and 2. That in order to complete this project, certain sanitary sewer easements are needed and more particularly des- cribed: a. A fifteen (15) foot wide ;Strip of .land across the property of Valley Developers, Inc. and more particularly described on the attached appraisal report as located adjacent to the existing drainage easement and con- taining 2,251.5 square feet and being shown on the attached plat prepared by T. P. Parker & Son, Engineers and Surveyors, Ltd., dated May 6, 1988. Together with a thirty (30) foot wide temporary construction easement more particularly described on the attached appraisal report as being 150.1 feet long, located adjacent to the permanent sewer easement and con- taining 4,503 square feet. The fair market value of the afore- said interest is $956.00, such compen- Fo. -';:'4 1 sation and damages, if any, having been offered the property owners. b. A twenty (20) foot wide strip of land across the property of Mabel Naff Bowman and more particularly des- cribed on the attached appraisal re- port as containing 9,438 square feet and being shown on the attached plat prepared by T. P. Parker & Son, Engi- neers and Surveyors, Ltd., dated May 6, 1988. Together with a thirty (30) foot wide temporary construction easement more particularly described on the attach- ed appraisal report as containing 14,157 square feet. The fair market value of the afore- said interest is $1,006.00, such com- pensation and damages, if any, having been offered the property owners. C. A twenty (20) foot wide strip of land across the property of James C. Pate and Judy B. Pate and more particular- ly described on the attached apprai- sal report as being 8.94 feet along the centerline and containing 178.8 square feet and being shown on the attached plat prepared by T. P. Parker & Son, Engineers and•rSurvey- -ors Ltd., dated May 6, 1988. Together with a thirty (30) foot wide temporary construction easement more particularly described on the attached appraisal report as contain- ing 262.2 square feet. The fair market value of the afore- said interest is $59.00, such compen- sation and damages, if any, having been offered the property owners. d. A twenty ( 20 ) ,, foot wide strip of land across the property of Barbara W. Bova Croy and more particularly des- cribed on the attached appraisal report as being 288.34 feet long and containing 5,766.8 square feet and being shown on the attached plat pre - 2 pared by T. P. Parker & Son, Engi- neers and Surveyors, Ltd'., dated May 6, 1988. Together with a thirty (30) foot wide temporary construction easement more particularly described on the attached appraisal report as being 288.34 feet long and containing 8,650 square feet. The fair market value of the afore- said interest is $654.00, such compen- sation and damages, if any, having been offered the property owners. 2. That it is immediately necessary for the County to enter upon and take such property and commence said .sanitary sewer improvements in order to alleviate failing and substandard septic systems and provide long term sewer capacity for the health, safety, and welfare of its citizens and to thereafter institute and conduct appropriate condemnation proceedings as to said sanitary sewer easements; and 3. That pursuant to the provisions of Section 15.1-238 (e) of the 1950 Code of Virginia, as amended, and pursuant to a notice and public hearing as made and provided therein, the Board does hereby invoke all and singular the rights and privileges and provisions of said Section 15.1-238 (e) as to the vesting of powers in the County pursuant to Section 33.1-119 through Section 33.1-129 of the 1950 Code of Virginia, as amended, all as made and provided by law. On motion of Super,v�sor Robers, seconded by Supervisor McGraw and carried by the following recorded vote: AYES: Supervisors Johnson, McGraw, Nickens, Robers, Garrett NAYS: None A COPY TESTE: Mary H. Allen, Deputy Clerk Roanoke County Board of Supervisors cc: File Paul Mahoney, County Attorney Clifford D. Craig, Director, Utilities John R. Hubbard, Assistant County Administrator ,a 4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, ON TUESDAY, AUGUST 23, 1988 ORDINANCE 82388-10 AMENDING CHAPTER 18 OF THE ROANOKE COUNTY CODE, SEWERS AND SEWAGE DISPOSAL, CONCERNING THE PROCEDURES AND PRESCRIBED FEES FOR ISSUANCE OF PERMITS FOR SEPTIC TANKS AND WELLS WHEREAS, by ordinance adopted on June 23, 1987, the Board of Supervisors of Roanoke County, Virginia, amended Chapter 18, Sewers and Sewage Disposal, to require that any person desir- ing to install a septic tank secure a permit to do so and pre- scribed reasonable fees for the issuance of such permits; and WHEREAS, legislation adopted by the 1988 session of the General Assembly, Acts of the Assembly 1988 Session, Chapter 203 (House Bill 418), authorized the Board of Health to establish fees for applications for permits to construct on-site sewage disposal systems, not to exceed Fifty Dollars ($50), and private wells, not to exceed Twenty-five Dollars ($25); and WHEREAS, the State Board of Health meeting on May 10, 1988, has adopted emergency regulations to implement a fee system for applications for permits for both on-site sewage disposal systems and private well construction effective July 1, 1988; and WHEREAS, it is necessary for the County to modify its procedures to achieve coordination between the County and the Department of Health as to the processing of application for and payment of both County . ah&. State permit fees for on-site sewage disposal systems and state permit fees for private well construc- tion. 1 BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, that Chapter 18, Sewers and Sewage Disposal, of the Roanoke County Code be, it hereby is, amended to read and provide as follows: 1. All building in the County in those areas where septic tanks are permitted shall have an on-site sewage disposal system or septic tanks installed for the disposing of sewage and other human waste. 2. Before any on-site sewage disposal or septic tank systems or private wells are constructed or installed, it shall be the duty of the landowner upon whose land the construction or installation is to shall take place to secure a permit from to be issued by the Health Department. Application for such permit(s) shall be made to the County's Department of Devel- opment and Inspection, or its successor, upon forms prescribed by the Health Department. 3. There is hereby established;a County permit fee of fifty dollars ($50.00) for each on-site sewage disposal system or septic tank. This permit fee, along with the state permit fee of fifty dollars ($50.00) shall be paid to the Treasurer at the time application is made for a permit and before the application will be processed by the Health Department The state permit fee of twenty-five dollars ($25.00) for construction of a private well likewise shall be paid to .the Treasurer at the time application is made for such permit and before processing by the Health Department. The Treasurer shall not collect the state fee(s) 2 from owner's whose family income is at or below the applicable Income Guidelines as provided under state regulation 4. The Health Department shall review this permit request application based upon the requirements and regula- tions promulgated pursuant to Title 32.1 of the Code of Virginia. Any septic tank permit issued under this section shall be valid for a period of fifty-four (54) months from the date of issuance unless there 'has been a substantial, intervening change in the soil or site conditions where the septic system is to be located. The availability of a public sewer system shall constitute a sub- stantial intervening change in the site conditions to void a per- mit. 5. In the event the Health Department denies a permit on the land on which the owner seek to construct his principal place of residence, the county's portion of the state application fee shall be refunded to the owner. Such fee shall not be re- funded by the County until final resolution by the Health Depart- ment of any appeals made by the owner from such denial 6. Applications shall be limited to one site specific proposal. When site conditions change, or the needs of the appli- cant change, or the applicant proposes and requests another site be evaluated, and a new site evaluation is conducted, a new appli- cation and fee is required 7. Any person, firm, or corporation violating any pro- r visions of this ordinance shall be subject to a Class 3 misdemean- or for each offense; and a separate offense shall be deemed com- mitted on each day during or on which a violation occurs or con - 3 tinues. Further, any violation or attempted violation of this ordinance may be restrained, corrected, or abated by injunction or other appropriate proceeding. 8. The effective date of this ordinance shall be September 1, 1988. On motion of Supervisor McGraw, seconded by Supervisor Robers and carried by the following recorded vote: AYES: Supervisors Johnson, McGraw, Nickens, Robers, Garrett NAYS: None A COPY TESTE: Mary H. Allen, Deputy Clerk Roanoke County Board of Supervisors cc: File Alfred C. Anderson, Treasurer Don C. Myers, Assistant County Administrator John R. Hubbard, Assistant County Administrator Paul M. Mahoney, County Attorney Diane Hyatt, Director, Finance Reta R. Busher, Dirctor, Management & $udget Clifford D. Craig, Director, Utilities Dr. Margaret L. Hagan, Director, Health Department Commonwealth Attorney Magistrate Sheriff's Department Roanoke Law Library, 315 Church Ave., S.W., Roanoke 24016 Main Library Roanoke County Code Book 4 ACTION # 82388-11 ITEM NUMBER- AT UMBER AT A REGULAR MEETING OF THE BOARD OF -SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 23, 1988 AGENDA ITEM: Reroofing of Fort Lewis Fire Station COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: In December 1987, roofing membranes installed on the Hollins and Fort Lewis Fire Stations started leaking. After several attempts to patch the membranes, the guarantee holding firm (Roofing Membrane Services Incorporated, (RMS)) and the repairing vendor agreed with the county staff that both roofs needed to be replaced. Following the normal policy of the roofing industry, RMS made an offer of guarantee buy-out of 35% based on a 6-1/2 year old roof. A query to Roanoke City revealed that this offer was in line with market trends. Because there were two roofs involved and the offer would not replace either, the staff made a counter-offer of 50% buy-out with the replacement of the Hollins roof (the worst leak). On July 20, 1988, RMS accepted the counter-offer. ig SUMMARY OF INFORMATION: RMS will replace the Hollins Fire Station roof with a new surface membrane which will have a 10 -year warranty. The county must replace the Fort Lewis Fire Station roof, at county expense. ALTERNATIVES AND IMPACTS: 1. Accept the counter-offer to which RMS has agreed. 2. Pursue legal action for greater cooperation. STAFF RECOMMENDATION: 4 Staff recommends Alternative 1. SUBMITTED BY: dner W. Smith Director, General Services APPROVED: — ?Z 14z 4 Elmer C. Hodge County Administrator ------------------------------------------------------------------ ACTION VOTE Approved (x) Motion by: Bob L. Johnson/Richard No Yes Abs Denied ( ) W. Robers to approve Garrett Received ( ) Alternative #1 Johnson Referred McGraw to Nickens Robers cc: File Gardner Smith Tommy Fuqua