HomeMy WebLinkAbout12/7/1999 - Regular
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December 7, 1999
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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
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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
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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
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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
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December 7,1999
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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
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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
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December 7, 1999
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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)
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December 7, 1999
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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
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December 7,1999
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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,
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December 7,1999
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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
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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.
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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
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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
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December 7,1999
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