CITY OF VIENNA
PUBLIC HEARING
STORMWATER MANAGEMENT
NOVEMBER 18, 2010
6:OO P.M.
Present: Mayor Nohe, Recorder Rapp, Councilmember Thornton, Smith, Rogers, Bibbee and Miracle, City Attorney Skogstad.
(See attached attendance list)
Mayor Nohe called the Public Hearing to order at 6:00 p.m. Recorder Rapp welcomed everyone and introduced Mike Davis
from Burgess & Niple and Tim Stranko with Steptoe & Johnson. Recorder Rapp also introduced the members of the
Stormwater Committee – Recorder Rapp, Councilmember Miracle and Rogers, Carrie Rapp and Craig Metz, Public Works
Director.
Tim Stranko, Counsel from Steptoe & Johnson presented the mandated three separate ordinances (stormwater Ordinance,
forming of the Vienna Utility Board, and MSR 4 Ordinance which is required by the State of West Virginia) that will be voted
upon at tonight’s regular Council meeting and discussed the stormwater management program. 34 cities across West Virginia
were listed in the Federal regulation as regulated municipal separate storm sewer systems (MSR4). Vienna was named as
one of those cities. Census data and population density was used to determine what cities would be regulated. The items
discussed this evening are either required by Federal law and/or authorized by State law. The DEP and EPA are going
around the State issuing notices of violation of the Clean Water Act; this is a Clean Water Act program. Cities that do not
comply are they are subject to administrative and criminal penalties, administrative fines up to $25,000 per day per violation.
Vienna is not at that point yet but other cites across the state that have been issued notices of violation. The goals of this
storm water mandate is less water in storm water drains and percolate clean run-off water naturally.
The Utility Board will make policy, hear and resolve complaints. City Council will have ultimate control; delegate to City
Council for what works best for the City of Vienna. They Utility Board will be the buffer between the citizens and the City
Council on stormwater issues.
The permit is fairly comprehensive, the City is in the second permit cycle, and this permit was issued in 2009. The permit
requires that the City meet 6 basic tasks which include comprehensive stormwater management; that is regulating new
development, pollution control, discharge detection, public participation, and public information. The overall mission is to
control pollution into the receiving streams.
Rate structures were discussed:
Residential
Monthly
$3.00 which will produce $228,000 per year
$4.00
$288,000 per year
$5.00
$349,000 per year.
Commercial
Monthly
$10.00
Square footage fees in near future
The $4.00 fee has been chosen which will help offset the unfunded mandate. The department which will be created for this
project has no current funding. Commercial fees will be calculated on building square footage and paved property. Randy
Rapp read other rates that are being charged. Vienna is on the low end of the rate fees. Rates have been enacted in some
cities in 2002, 2008 and 2010.
Rex Carder had questions regarding the contamination level running to the river. Randy stated that the City will measure
ingress and egress to the river, define boundaries. Mr. Carder is concerned about the fees for the citizens. Mr. Stranko stated
the program is to encourage green space, to improve the water shed; cleaner water, percolate stormwater back through the
ground; chemicals must be regulated from being placed into storm drains. Rain gardens will be encourages. Training
sessions will be given to lawn care services to prevent run-off, etc.
Paul Thornton asked if Grand Central Avenue which is a state highway be taxed for the run-off which is produces. Mr. Stranko
stated that highways cannot be charged, but State, local and federal buildings will have to pay, the City will have to pay for
their water run-off.
Kathy Stoltz asked when the Federal Storm Water program started: First phase was in 1990 (large cities), second phase in
2003. Paul Thornton stated the City has taken measures for the past 5 years but is not able to handle the new regulations
without funding. Mr. Stranko stated the City has done very well trying to comply with the regulations up to this point with no
funding.
Public Hearing closed at 6:55 p.m.
Respectfully submitted,
Carla Starcher
REGULAR COUNCIL SESSION
NOVEMBER 18, 2010
MINUTES
7:00 P. M.
The Vienna City Council met in regular session on November 18, 2010. Mayor Nohe called the meeting to order at 7:00 P.M.
Invocation was led by Council member Rogers. The Pledge was led by Council member Bibbee. Roll call was taken with the
following being present: Council member Bibbee, Miracle, Rogers, Thornton, Smith, Recorder Rapp, City attorney Russell
Skogstad and Mayor David Nohe
REPORT OF THE MINUTES
Minutes from the Regular Council Session November 18, 2010 have been printed, posted and circulated. Mayor Nohe asked
for corrections to the minutes. There being no corrections, the minutes were approved.
REPORT OF TREASURER
Bills are paid and the city is solvent. Finance Chairman Paul Thornton reported that the Budget Process will being the first of
January.
UNFINISHED BUSINESS
An Ordinance Establishing a Stormwater Utility and Delegating Responsibility of said Utility to the Vienna Utility
Board – Second Reading: Mayor Nohe asked for a motion to approve this ordinance. Motion was made by Council member
Miracle. Seconded by Council member Miracle. Vote to approve on second reading: Council member Bibbee, Miracle,
Rogers, Thornton, Smith, Recorder Rapp and Mayor Nohe. Vote to approve: Unanimous.
An Ordinance Creating the Vienna Utility Board, Providing for the Transfer of Management, Control and Operation of
the Municipal Waterworks System and Municipal Sanitary Sewerage System of the City of Vienna, West Virginia, from
the City of Vienna to the City of Vienna Utility Board; and Creating a Stormwater System to be managed, controlled
and operated by such board – Second Reading: Mayor Nohe asked for a motion to approve this ordinance. Recorder
Rapp asked for an amendment to Section 4 relating to a member being unable to fulfill duties for a period of 6 months to 3
months. City Attorney Skogstad asked Mr. Stranko if this is a material change and Mr. Stranko, stated that it was not and
council could make this amendment. Motion to approve amendment made by Recorder Rapp, seconded by Council member
Rogers. Vote to approve amendment: Recorder Rapp, Mayor Nohe, Council member Smith, Rogers, Thornton, Bibbee and
Miracle. Vote to approve: Unanimous. Motion to approve Ordinance made by Councilmember Rogers, seconded by Council
member Thornton. Vote to approve: Recorder Rapp, Mayor Nohe, Council member Rogers, Smith, Thornton, Bibbee and
Miracle. Vote to approve: Unanimous.
An Ordinance Amending the Vienna City Code, as the same applied to Stormwater Management and Surface Water
Discharge Control and Applicable Rates and Fees – Second Reading: Mayor Nohe asked for a motion to approve this
ordinance on second reading. Council member Thornton made the motion, seconded by Council member Miracle. Vote to
approve: Mayor Nohe, Recorder Rapp, Council member Rogers, Smith, Thornton, Bibbee and Miracle. Vote to approve:
Unanimous.
NEW BUSINESS
Lee Fogel – Electronic Sign – Grand Central Avenue: Mr. Fogel, 5401 Grand Central Avenue, was present to ask Council
to review the electronic sign at the St. Michael’s Catholic Church. The sign currently is active from 5 a.m. to 11 p.m. Mr. Fogel
is asked that the sign be limited to 7 a.m. to 7 p.m. except for Friday and Saturday nights it may stay lit until 9 p.m. He
presented a petition which was submitted to Council along with documentation on The Effects of Commercial Electronic
Variable Message Signs (CEVMS) on Drive Attention and Distraction; An Update. Mr. Fogel is asking the City to review
the sign and the times. The point was noted that Grand Central is a State Highway and does that affect the issue. Mr. Fogel
stated that he has spoken with the Department of Highways and was told it was a City issue. Mr. Fogel has also spoken with
the Diocese in Wheeling. The sign is supposed to be turned off at 9 p.m. but it stays on until 11 p.m. Sign is on currently from
5 a.m. to 11 p.m. The Mayor will meet with the Father and take the petition to the meeting.
Resolution – Community Oriented Policing Services Grant: Mayor Nohe asked for a motion to approve the Resolution.
Motion was made by Council member Miracle seconded by Council member Smith. Vote to approve was unanimous.
Item #3 – Resolution – Defining full time employees was stricken from the agenda.
Rosemar Road – Sewer Extension – Impact fees:
Recorder Rapp made a motion that Council enter into Executive
Session citing WV State Code 6-9-8a, Subsection 9. Motion was seconded by Council member Thornton. Vote to enter into
Executive Session at 7:22 p.m. : Mayor Nohe, Recorder Rapp, Council member Rogers, Smith, Thornton, Bibbee, Miracle.
Vote: Unanimous. Executive Session closed at 7:45 p.m. Attorney Skogstad stated a proposal will be brought to Council at a
future date to be placed on the agenda regarding the Rosemar Road Sewer Extension – Impact Fees.
COUNCIL COMMENTS
Recorder Rapp reported on an update of former Police Chief Gary Deem, who has been ill and is recuperating in a local
hospital.
COMMENTS FROM THE FLOOR
ANNOUNCEMENTS
Parade Permit – Christmas Parade – Saturday, December 11, 2010 at 11:00 a.m.
Meeting adjourned
______________________________________
Randall C. Rapp, Recorder
_____________________________________
David C. Nohe, Mayor