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HomeMy WebLinkAbout8/11/2009 - RegularAugust 11, 2009 599 County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 August 11, 2009 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 August 2009. IN RE: CALL TO ORDER Chairman Altizer called the meeting to order at 3:00 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Michael W. Altizer, Vice-Chairman Joseph P. McNamara, Supervisors Joseph B. "Butch" Church, Richard C. Flora, Charlotte A. Moore MEMBERS ABSENT: None STAFF PRESENT: B. Clayton Goodman III, County Administrator; Dan O'Donnell, Assistant County Administrator; Diane Hyatt, Assistant County Administrator; Katherine Jones, Senior Assistant County Attorney; Becky R. Meador, Clerk to the Board; Teresa Hamilton Hall, Public Information Director IN RE: OPENING CEREMONIES The invocation was given by Senior Pastor Robert G. Moore, Bonsack Baptist Church. The Pledge of Allegiance was recited by all present. 600 August 11, 2009 IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Mr. Goodman requested the addition of a work session to discuss amendments to the Virginia Stormwater Management Program. There was no objection to adding the work session. IN RE: SECOND READING OF ORDINANCES 1. Second reading and adoption of an Ordinance authorizing conveyance of a 20' water line easement to the Western Vir inia Water Authority to be located within a ublic right-of-way known as Townsend Road, said right-of-way havin been dedicated to the Board of Supervisors, Hollins Magisterial District (Katherine Jones, Senior Assistant County Attorne 0-081109-1 Ms. Jones advised that there have been no changes to this ordinance since the first reading. She requested that the Board approve the ordinance. There was no discussion. Supervisor Flora moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara NAYS: None ABSTAIN: Supervisor Altizer August 11, 2009 601 ORDINANCE 081109-1 AUTHORIZING CONVEYANCE OF A 20' WATER LINE EASEMENT TO THE WESTERN VIRGINIA WATER AUTHORITY TO BE LOCATED WITHIN A PUBLIC RIGHT-OF-WAY KNOWN AS TOWNSEND ROAD, SAID RIGHT-OF-WAY HAVING BEEN DEDICATED TO THE BOARD OF SUPERVISORS, HOLLINS MAGISTERIAL DISTRICT WHEREAS, the Western Virginia Water Authority (WVWA) requires an easement for an underground waterline within the right-of-way known as Townsend Road to provide water service to the area, all as shown on the plat entitled "EXHIBIT PLAT FOR WESTERN VIRGINIA WATER AUTHORITY SHOWING A NEW 20' PUBLIC WATERLINE EASEMENT WITHIN THE R.O.W. OF TOWNSEND ROAD," (Exhibit A) dated 7/14/09; and WHEREAS, Townsend Road was dedicated in fee simple to Roanoke County by subdivision plat of Section 2 Belle Haven dated September 4, 1956 and recorded in Plat Book 3, page 237 in the Roanoke County Circuit Court Clerk's Office; and WHEREAS, the proposed right-of-way will serve the interests of the public and is necessary for the public health, safety, and welfare of the citizens of Roanoke County. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 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 July 28, 2009, and a second reading was held on August 11, 2009. 2. That pursuant to the provisions of Section 16.01 of the Roanoke County Charter, the interest in real estate to be conveyed is hereby declared to be surplus, and is hereby made available for other public uses by conveyance to WVWA for the provision of water service. 3. That donation to WVWA of an easement for an underground waterline and related improvements, within the easement area designated on the above-mentioned map, on the County's property known as Townsend Road to provide water service to the area is hereby authorized and approved. 4. That the County Administrator, or any Assistant County Administrator, is hereby authorized to execute such documents and take such further actions as may be necessary to accomplish this conveyance, all of which shall be on form approved by the County Attorney. 5. That this ordinance shall be effective on and from the date of its adoption. On motion of Supervisor Flora to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara NAYS: None ABSTAIN: Supervisor Altizer 6~2 August 11, 2009 IN RE: APPOINTMENTS 1. Capital Improvement Program Review Committee (appointed District Supervisor Moore reappointed Mike Jeffrey to serve an additional one- year term to represent the Cave Spring Magisterial District. Confirmation of his appointment was placed on the Consent Agenda. Supervisor Church reappointed Brian Hooker to serve an additional one- year term to represent the Catawba Magisterial District. Confirmation of his appointment was placed on the Consent Agenda. 2. Social Services Advisory Board (appointed ~ District Supervisor Moore appointed David Scott Hudson to serve afour-year term to represent the Cave Spring Magisterial District. Confirmation of his appointment was placed on the Consent Agenda. IN RE: CONSENT AGENDA R-081109-2 Supervisor Flora moved to adopt the consent resolution. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None RESOLUTION 081109-2 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM E -CONSENT AGENDA August 11, 2009 603 BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the certain section of the agenda of the Board of Supervisors for August 11, 2009 designated as Item E -Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 - 2 inclusive, as follows: 1. Request to approve change order for the Merriman Road roundabout design in the amount of $55,931 2. Confirmation of Committee Appointments to the Capital Improvement Program Review Committee (CIP) and the Social Services Advisory Board 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 Flora to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None IN RE: REPORTS Supervisor McNamara moved to receive and file the following reports. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None 1. General Fund Unappropriated Balance 2. Capital Reserves 3. Reserve for Board Contingency IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor McNamara: He stated this has been possibly the shortest meeting he has ever attended. There are not a lot of rezonings or activity going on currently. 6~4 August 11, 2009 Supervisor Church: (1) He wanted to publicly state that Mr. Goodman, Mr. Covey's office and Mr. Moneir are working with Mr. Draper in Montclair Estates regarding weeds and overgrowth. (2) He thanked Joe Obenshain for working on the fire shredding situation. (3) He informed the Meadow family that he had received the information on their attempt to construct a new home. He stated that someone from the County would be in touch with them within five working days. Supervisor Altizer: (1) He stated that he had recently attended the Delaney Court Civic League meeting. The paving on Huffman Lane is complete and is an excellent job; however, the shoulder is high and rough and the gravel is clumped up. He asked Mr. Covey to get in touch with VDOT to smooth it out and eliminate that fall- off. (2) He asked that Mr. Covey contact him after the meeting about the drainage pipe replacement on Huffman Lane. IN RE: CLOSED MEETING At 3:14 p.m., Supervisor Altizer moved to go into closed meeting pursuant to the Code of Virginia Section 2.2-3711.A.3. to discuss or consider the acquisition of real property for future public use where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the County The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None August 11, 2009 605 IN RE: PROBABLE ACTION AFTER WORK SESSION Chairman Altizer advised that the Board may take action in open session on the fourth floor after one of the work sessions had been held. IN RE: CANCELLATION OF EVENING SESSION FOR AUGUST 25, 2009 MEETING Chairman Altizer advised that the 7:00 p.m. evening session will not be held at the Board meeting on Tuesday, August 25, 2009, because there are no advertised public hearings. IN RE CLOSED MEETING The closed meeting was held from 3:24 p.m. until 3:52 p.m. At 3:52 p.m., Supervisor Moore moved to adjourn the closed meeting. The motion carried by a unanimous voice vote. AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None IN RE: WORK SESSIONS 1. Work session on the procedures for mowing Vir inia Department of Transportation V( DOT) rights-of-way ~ Clayton Goodman, III, County Administrator) The work session was held from 4:02 p.m. until 4:23 p.m. Mr. Goodman reviewed the issue and asked Supervisor Moore to convey her experience with the process to gain permission to volunteer to perform mowing 606 August 11, 2009 operations which have been significantly reduced by VDOT. Kristen Williby from the Virginia Department of Transportation (VDOT) was present. There was discussion of what outcome is being sought. The County may contact the General Assembly members to seek legislative changes to make it easier for persons to volunteer to assist in maintaining the public rights-of-way. Supervisor Church feels that the process is hard to understand and that the citizens believe that Supervisor Moore is being stymied in her effort to assist with mowing of VDOT rights-of- way. Ms. Williby described two programs offered through VDOT to obtain permission to maintain existing landscaping and mow areas within the public rights-of- way, as follows: (1) Comprehensive Roadside Management Program, which is a more complicated and cumbersome approach and includes planting and/or landscaping. (2) Mowing rights-of-way or Land Use Permits, which has fewer complications during the approval process. VDOT utilizes these procedures to assure safety for contractors and citizens. Supervisor Moore wants to gain approval for a Land Use Permit, and VDOT staff has agreed to assist her with preparing the application. She stated that VDOT has agreed to waive the $40 fee and required training session to accelerate the process. Ms. Williby stated that the application could be completed within one week. Supervisor Moore noted that some business owners may wish to have their landscape contractors mow the VDOT right-of-way in front of their businesses. August 11, 2009 6~7 There was discussion of the County's liability of endorsing sponsorships. Ms. Williby stated that contractors or individuals would work directly with VDOT to obtain Land Use Permits. County staff will discuss this process in more detail when they meet with VDOT staff later this week. Developing a cost estimate for the County to mow VDOT rights-of-way was discussed. It was noted that the County does not have the resources to mow these areas and there may be problems due to the County becoming involved with VDOT's processes. Supervisor Altizer feels that this may be the beginning of the State turning over the responsibility for all road maintenance to local municipalities. 2. Work session on the new Vir inia Stormwater Management Program V( SMP) amendments and to consider supporting a resolution opposing such amendments The work session was held from 4:26 p.m. until 4:42 p.m. Arnold Covey, Director of Community Development, briefly reviewed the proposed amendments to the VSMP. The amendments have been proposed in part to protect the Chesapeake Bay and increase the standards for water quality. It was noted that Roanoke County does not have any outlets that drain into the Chesapeake Bay. George Simpson, County Engineer, and Tarek Moneir, Deputy Director of Development Services, gave a PowerPoint presentation demonstrating examples of how the proposed regulations would affect a new development. In one example, the cost of the development increased from $650,000 to more than $1.6 million, and they 608 August 11, 2009 displayed other examples with large increases in the costs of developments. Developers would not be able to afford to establish new developments with these increased costs. Under the proposed regulations, the price of a new home could be increased by as much as $7,500. It was noted that this could artificially raise the real estate value of existing homes. It was discussed that, under the proposed regulations, there would be no support from the State for the County's code enforcement and inspection of new developments. The cost to the County could be astronomical due to these unfunded State mandates. County staff proposed that the Board consider adopting a resolution of opposition to the proposed amendments to the VSMP regulations due to the significant impact on the economic development in Roanoke County's future. It was suggested that a copy of the resolution opposing this unfunded mandate be sent to each county located within the Commonwealth of Virginia, the Virginia Association of Counties (VACO), Governor Timothy Kaine, local elected representatives at the state and national level, the Director of the Virginia Department of Conservation and Recreation, and the Secretary of the Environmental Protection Agency. IN RE: RETURN TO OPEN SESSION At 4:43 p.m., Chairman Altizer adjourned the work session to return to open session. August 11, 2009 609 IN RE: NEW BUSINESS 1. Consideration of resolution opposing proposed Vir inia Stormwater Management Program V( SMP) regulations R-081109-3 Chairman Altizer advised that the Board had returned to open session to consider adoption of a resolution which had been distributed to the Board members. There was no discussion. Supervisor Church moved to adopt a resolution opposing the Virginia Stormwater Management Program (VSMP) amendments. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None RESOLUTION 081109-3 OPPOSING PROPOSED STORMWATER MANAGEMENT REGULATIONS 4VAC50-60, PARTS I, II, III AND PART XIII WHEREAS the Board of Supervisors of Roanoke County, Virginia is committed to protecting the land and waters of Roanoke County from degradation by urban water runoff and recognizes its responsibility to the watersheds of our Commonwealth; and WHEREAS, the State's proposed new stormwater standards constitute another unfunded mandate which would place an increased financial burden on already fiscally stressed localities in our Commonwealth. Through the costs of developing a new stormwater program, as well as the required long-term maintenance and inspection of Best Management Practices, the County will incur significant new costs which will not be offset by the proposed permit fees as set forth in Part XIII of these regulations; and WHEREAS, the proposed phosphorus standard of 28 pounds per acre per year for new development is unduly restrictive and will greatly affect design and development of new sites; and WHEREAS, Roanoke County requests additional evaluation of the full impact of this standard prior to implementation of these proposed regulations; and 610 August 11, 2009 WHEREAS, implementation of the new standard will severely limit development in the urban areas of the county; and WHEREAS, the proposed regulation will further promote urban sprawl as land developers seek out larger lots. The proposed standard can be more easily achieved on less developed properties. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. The County of Roanoke strongly recommends that the regulation, as proposed, not be adopted; rather the standards should be more thoroughly studied and more realistic standards adopted. 2. That Roanoke County request that the Commonwealth of Virginia provide funding assistance to all localities for the development of comprehensive stormwater programs. 3. That a copy of this Resolution opposing this unfunded mandate be sent to each county located within the Commonwealth of Virginia, the Virginia Association of Counties (VACO), Governor Timothy Kaine, local elected representatives at the state and national level, the Director of the Virginia Department of Conservation and Recreation, and the Secretary of the Environmental Protection Agency. On motion of Supervisor Church to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None IN RE: CERTIFICATION RESOLUTION R-081109-4 At 4:44 p.m., Supervisor Moore moved to adopt the certification resolution. The motion carried by a unanimous voice vote. AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None August 11, 2009 611 RESOLUTION 081109-4 CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA ~ E: ~~~ ~~~~~~ A~,I~I~~~~" AM,~~~~A~. ~~~ ~ NIM 111II~71/~~~ ~N~ ~M~. IA li AM . 612 August 11, 2009 This page left blank intentionally.