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HomeMy WebLinkAbout12/7/1999 - Regular ~ December 7, 1999 725 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 December 7,1999 The Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the first Tuesday and the first regularly scheduled meeting of the month of December, 1999. IN RE: CALL TO ORDER Chairman Johnson called the meeting to order at 3:03 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Bob L. Johnson, Supervisors Fenton F. "Spike" Harrison, Joseph McNamara MEMBERS ABSENT: Supervisors H. Odell "Fuzzy" Minnix, Harry C. Nickens STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Mary H. Allen, Clerk; John M. Chambliss, Assistant County Administrator; Don C. Myers, Assistant County Administrator; Anne Marie Green, Director, Community Relations IN RE: OPENING CEREMONIES The invocation was given by Gardner W. Smith, Director of the Procurement Department. The Pledge of Allegiance was recited by all present. IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS ,- 726 December 7,1999 Mr. Heege eaaeå IleFt; L ¿ UFl6cr rJc\'w' I:H:JGlROSS reE]I;JOGI Jer :1 f:]F:Jnt fer ::1 regional stormwater facility at the South County High School site. Mr. Mahoney added an item to Closed Session pursuant to Section 2.1-344 A (7) Casey condemnation and Section 2.1-344 A (5) an economic development prospect. IN RE: NEW BUSINESS 1.. Request to grant off·site water and sewer credits for the development of Merriman Manor Subdivision. (Gary Robertson, Utility Director) A-120799·1 Mr. Robertson reported that the Roanoke County Water and Sewer Ordinance requires that new utility customers pay an off-site facility fee. This fee is based on the demand the customer will place on the utility system. These fees are used to pay a portion of the major capital items required to provide utilities. When a developer is required to extend utilities a distance greater than 300 feet from the developed property, they can request that the Board of Supervisors provide up to 50% credit of the appropriate off-site fees. If the utilities are designed to serve properties other than the property being developed, these credits would reimburse but not exceed the cost of these off-site extensions. Don Bandy, the developer of Merriman Manor, and Cotton Hill Land Company, developer of Wilshire, have agreed to jointly construct the off-site water and sewer facilities to serve these developments. Cost estimates for the off-site extensions are - - December 7, 1999 727 $151'1,1515 fu, wClt"" Cllld $93,150 fu, ::;"'w"', whid, will ::;,,"v'" ClfJfJ,uxilllCllt::ly 214 ,,,,::;iJ"'lIlidl properties in these developments, and will be designed to serve additional properties adjacent to these developments. Mr. Robertson advised that off-site fees will be up to $575,660 for water and $321,000 for sewer. Credits of approximately $68,000 for water and $93,000 for sewer would be given to the developers as the lots are developed. Staff recommends that 50% of the water and sewer off-site facility fees be credited to the developer up to the actual cost of the off-site construction, with 25% of the water and sewer off-site fees credited to lots when they are recorded, and an additional 25% of the fee credited when building permits are obtained on lots. Following discussion, Supervisor McNamara moved to approve the off-site water and sewer credits. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Harrison, Johnson NAYS: None ABSENT: Supervisors Minnix, Nickens 2 Request for a grant from the Commonwealth of Virginia Department of Conservation and Recreation for a regional stormwater facility at the South County High School. (George Simpson, Assistant Community Development Director) R-120799-2 Mr. Simpson reported that interest in a regional stormwater management 728 December 7,1999 rd\;ilily WCI::; ''''Clli£",d dUlill\; II,,,, ::;d ''''" 'Clti\; J",::;i\; 1I dlld 6peciòl use pern,itting pi'lðJe or site development for the new South County High School. Current regulations require that any new development provide adequate on-site stormwater management facilities. By providing a regional facility, the stormwater requirements could be met for the site and several benefits could be realized for citizens downstream along Farmington Drive, McVitty Road, Cresthill Drive, Garst Mill Park and South Park Circle. The Roanoke Valley Regional Stormwater Management Plan identified the reach of Mudlick Creek within the boundary limits of the school site as a potential location for a regional stormwater management facility and was analyzed for flood reduction potential on downstream properties. Mr. Simpson advised that Engineering Concepts was hired to complete a feasibility study of the proposed site for the purpose of determining the potential for developing a combination water quality/water quantity impoundment structure on the high school site. Staff recommends submitting a grant application to the Commonwealth of Virginia Department of Conservation and Recreation in the amount of $741,261 for funding through the Virginia Water Quality Improvement Fund and the Federal Clean Water Act Section 319. The match from these sources is 50/50 and 60/40 respectively. The Board of Supervisors would fund the stormwater management portion of the project, and the School Board would fund the embankment portion of the project. In response to questions from the Board members, Mr. Simpson advised that he did not know whether the stormwater facility would have been located where it is planned if the school was not being constructed. Mr. Simpson also suggested that the Board of Supervisors contact the local legislators and request their support for the state ~ December 7,1999 729 grant funding. Supervisor McNamara moved to approve the grant. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Harrison, Johnson NAYS: None ABSENT: Supervisors Minnix, Nickens RESOLUTION 120799-2 ENDORSING THE PROPOSED CONSTRUCTION OF A REGIONAL STORMWATER MANAGEMENT FACILITY WHEREAS, the County of Roanoke is proposing to construct a regional stormwater management (SWM) facility at the site of the proposed new south County High School; and, WHEREAS, the proposed site of the stormwater management facility is identified in the "Roanoke Valley Regional Stormwater Management Plan" as a desired regional facility; and, WHEREAS, the "Roanoke Valley Regional Stormwater Management Plan" has been adopted upon Board action as part of the Comprehensive Plan; and, WHEREAS, the proposed SWM facility will provide positive benefits for stormwater quantity, water quality, downstream flooding, and will provide an opportunity for public education and awareness; and, WHEREAS, the Roanoke County Board of Supervisors and the Roanoke County School Board are pursuing this project as an integral part of the new south County High School site. NOW THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia are supportive of this proposed regional stormwater management facility at the proposed new south County High School site and authorize the County Administrator to pursue grant funding through the Virginia Water Quality Improvement Fund and Clean Water Act, Section 319 to construct said facility. On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Harrison, Johnson NAYS: None ABSENT: Supervisors Minnix, Nickens IN RE: FIRST READINGS OF ORDINANCES , 730 December 7,1999 F"iFSt reasln!i of ordlnanoe al:lth9rlzlRg tho G9R\'eyanc9 9f .Q71 acre parcel of real estate located along the south lot line of Roanoke County's Mount Pleasant Fire Station property. (Don Gillispie, Division Chief) Chief Gillispie reported that the County has received an offer for the .071 parcel of land on the southwest corner of the Mount Pleasant Fire Station. The Mount Pleasant Fire Department has no use for the property, and the offerer has agreed to pay certain fees and costs associated with the purchase. The funds from the purchase will be used by the Mount Pleasant Fire Department for capital improvements. Supervisor Johnson moved to approve the first reading and set the second reading for December 21, 1999. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Harrison, Johnson NAYS: None ABSENT: Supervisors Minnix, Nickens 1. 2. First reading of ordinance accepting the donation of certain real estate located at 2970 and 2976 Stonebridge Circle in Vinton from Drew Developers, Inc. and Stonebridge Estates, Inc. (Paul Mahoney. County Attorney) Mr. Mahoney advised that Roanoke County has been approached by the owners of two parcels of real estate to determine if the County is interested in accepting a donation of these parcels. Drew Developers is the owner of a parcel at 2970 ~ December 7, 1999 731 - Stonebridge Circle in Vinton, and Stonebridge Estates, Inc., IS the owner of a parcel located at 2976 Stonebridge Circle in Vinton. The parcels are non-buildable because they are in a floodplain. The owners currently owe delinquent real estate taxes of $644.60 on these parcels and have requested that the taxes be forgiven upon donation to Roanoke County. Mr. Mahoney explained that there should be an appropriation of funds to pay the delinquent taxes to the Treasurer, and that there may be additional costs for title insurance, environmental assessment, and closing costs. In response to Board inquiries, Mr. Mahoney explained that the developers originally thought that the lots were buildable, but later found out they were in the floodplain; and that staff has concerns that this action is setting a precedent for future requests such as this. Mr. Hodge advised that there has been some contact with adjoining property owners to see if they are interested in purchasing the land. Supervisor Johnson moved to approve the first reading and set the second reading for December 21, 1999. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Harrison, Johnson NAYS: None ABSENT: Supervisors Minnix, Nickens 3. First reading of ordinance amending Article III, Sewer Use Standards, of Chapter 18, Roanoke County Code to confirm to Roanoke City ordinance In accordance with the 1994 Sewage Treatment Agreement (Gary Robertson, Utility Director) 732 December 7, 1999 1"11 ~"IJWIU!if::l'lIl'=fþl\:Jlb:lt;;J 1I14L 1I1'=f lW~h awwt!ll IIW4L1IIWIIl "'~lwwnltjIIL ~wL'¡:WWrl ¡-- Roanoke City and Roanoke County requires the County to adopt such ordinances and regulations that conform to those adopted by the City as they pertain to Sewer Use Standards. On July 6, 1999, Roanoke City amended their ordinance to include amendments which increase the maximum fine from $1,000 to $2,500 per violation per day. It was also amended to allow assessment of administrative civil fines for violations under the direction of the Utility Director and to recover reasonable fees and costs of litigation. This ordinance will bring the County's ordinance into conformance with the City. At Supervisor Johnson's request, Mr. Robertson also updated the Board on the Sewage Treatment Plant. Supervisor Harrison moved to approve the first reading and set the second reading for December 21, 1999. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Harrison, Johnson NAYS: None ABSENT: Supervisors Minnix, Nickens 4. First reading of ordinance amending and reenacting Section 10- 36 and Section 10-41 of the Roanoke County Code to permit hypnotists to be taxed as other personal service occupations for business licenses purposes. (Paul Mahoney, County Attornay) Mr. Mahoney reported that currently, hypnotists are classified along with fortune-tellers, palm readers, astrologists and clairvoyants for purposes of business license ~ December 7,1999 733 - taxation with a minimum annual license of $1,000. Several individuals who practice clinical hypnosis have requested a change to the County's business license ordinance to permit them to be taxed at a less punitive rate. According to state guidelines, hypnotists do not qualify as a professional service so staff is recommending that they be taxed under the personal and business service occupation category. Supervisor Johnson moved to approve the first reading and set the second reading and public hearing for December 21, 1999. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Harrison, Johnson NAYS: None ABSENT: Supervisors Minnix, Nickens IN RE: CONSENT AGENDA R-120799-3 Supervisor Johnson moved to adopt the Consent Resolution The motion carried by the following recorded vote: AYES: Supervisors McNamara, Harrison, Johnson NAYS: None ASSENT: Supervisors Minnix, Nickens RESOLUTION 120799-3 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, 734 December 7,1999 ¡a~ 1"111'11'0.') ~ 1. That the certain section of the agenda of the Board of Supervisors for December 7, 1999, designated as Item J - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Item 1 through 4, as follows: 1. Approval of Minutes - September 14, 1999. 2. Confirmation of committee appointments to the Library Board and Roanoke County Planning Commission. 3. Acceptance of water and sanitary sewer facilities serving Hidden Woods Subdivision of Fairway Forest. 4. Acceptance of sanitary sewer extension serving Campbell Hills. 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor Johnson to adopt the Consent Resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Harrison, Johnson NAYS: None ABSENT: Supervisors Minnix, Nickens N RE: REPORTS December 7,1999 735 bupervlsor Jonnson movea to receive ana tile me following reports. The motion carried by a unanimous voice vote with Supervisors Minnix and Nickens absent. 1. General Fund Unappropriated Balance 2. Capital Fund Unappropriated Balance 3... Board Contingency Fund 4. Future School Capital Reserve 5. Revenues and Expenses for the four month period ended October, 1999. INRE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor McNamara (1) He advised that he attended the Roanoke County employee service awards luncheon and congratulated those who were recognized for service milestones. (2) He announced that the Christmas Tree Lighting ceremony was held at the Brambleton Center and commended Parks and Recreation for the event. (3) He announced that Parks and Recreation had their Christmas luncheon but that he was unable to attend. Supervisor Harrison: He asked if the County staff was aggressively marketing the GlenMary economic development site with Virginia Tech. Mr. Hodge responded that Tech officials have been on the property but they are also looking at properties in other localities. Supervisor Johnson: He asked Mr. Mahoney if he had scheduled the annual meeting with the Roanoke Valley legislators. Mr. Mahoney advised that the 736 December 7,1999 meeting will be held following the orgélnl¿alloIlClII"",t::Iill\; UII Jè:lIIUd'Y 3 dl S.30 à.",., òJ,d he has confirmed the date by phone and letter. Supervisor Johnson asked that the proposed new Welcome Center be included in the discussion. - IN RE: CLOSED MEETING At 4:50 p.m., Supervisor Johnson moved to go into Closed Meeting pursuant to the Code of Virginia Section 2.1-344 A (7) to discuss actual litigation requiring the provision of legal advice by the County Attorney, namely, Casey condemnation; and 2.1- 344 A (5) to discuss a prospective business or industry where no previous announcement has been made of the business' or industries' interest in locating in the County. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Harrison, Johnson NAYS: None ABSENT: Supervisors Minnix, Nickens INRE: CERTIFICATION RESOLUTION R-120799-4 At 4:53 p.m., Supervisor Johnson moved to return to open session and adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Harrison, Johnson NAYS: None ABSENT: Supervisors Minnix, Nickens December 7,1999 737 - RESOLUTION 120799-4 CERTIFYING THE (;LOSED MI:.I:.IINl> VVA~ HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Johnson to adopt the Certification Resolution; and carried by the following recorded vote: AYES: Supervisors McNamara, Harrison, Johnson NAYS: None ABSENT: Supervisors Minnix, Nickens IN RE: ADJOURNMENT At 4:55 p.m., Chairman Johnson adjourned the meeting. Submitted by, Approved by, .7'Y)O-L "j-~ aJ V-A.- Mary H. Allen, CMC/AAE Clerk to the Board Bob L. Johnson Chairman 738 December 7,1999 r- This page left blank intentionally.