Water Quality Fees Board (Virtual meeting)

Summary

Meeting Overview

The Water Quality Fees Board met on January 14, 2021, at 9:00 a.m. via Zoom web conferencing, with George Woolwine presiding. The board addressed four agenda items during the meeting, including approval of previous minutes and consideration of three separate appeals and grant requests. The board took four votes and heard three public comments. The meeting resulted in approval of the October 8, 2020 minutes, denial of two water quality management fee appeals (for properties at 2849 Walnut Hill Road and 8291 Old Richmond Road), and denial of a FY 2019 Class A Grant request from Opera House Square Townhouses Corporation.

Attendance

The following individuals were present at the meeting on January 14, 2021:

• George Woolwine
• Harry Clarke
• George Ely
• Donna Fogle
• David Lowe
• Charlie Martin
• Jennifer Carey
• Frank Mabson
• Denice Bullock
• Lee Hudson
• Melissa McCartt-Smyth
• Michael Cravens

No absences or late arrivals were recorded.

Votes and Decisions

Approval of 10/8/20 Minutes 1:38 - Motion by: Harry Clarke - Second by: David Lowe - Outcome: Passed unanimously (5-0) - Votes in favor: George Woolwine, Harry Clarke, George Ely, Donna Fogle, David Lowe

Deny appeal of Water Quality Management Fee for 2849 Walnut Hill Road 19:49 - Motion by: David Lowe - Second by: Harry Clarke - Outcome: Passed unanimously (5-0) - Votes in favor: George Woolwine, Harry Clarke, George Ely, Donna Fogle, David Lowe

Deny appeal of Water Quality Management Fee for 8291 Old Richmond Road 40:34 - Motion by: Harry Clarke - Second by: David Lowe - Outcome: Passed unanimously (5-0) - Votes in favor: George Woolwine, Harry Clarke, George Ely, Donna Fogle, David Lowe

Deny request to decrease permeable paver area for Opera House Square Townhouses Corporation 1:23:17 - Motion by: David Lowe - Second by: George Ely - Outcome: Passed unanimously (5-0) - Votes in favor: George Woolwine, Harry Clarke, George Ely, Donna Fogle, David Lowe

All four motions passed with unanimous votes. No votes were cast against any motion, and there were no abstentions.

Public Comment

Three speakers addressed the board during the public comment period.

Water Quality Management Fee Appeals

Travis Stine spoke at 6:31 regarding his property at 2849 Walnut Hill Road. Mr. Stine appealed the Water Quality Management Fee assessment, arguing that his property should not be charged the fee because it does not receive city services.

Burgess Carey spoke at 21:01 concerning his property at 8291 Old Richmond Road. Mr. Carey requested a lower rate for the Water Quality Management Fee, noting that his property operates as an agri-tourism business similar to a horse farm and should be assessed accordingly.

Opera House Square Townhouses Corporation Grant

Frieda Meyer spoke at 46:23 on behalf of the Opera House Square Townhouses Corporation. Ms. Meyer requested a modification to their FY 2019 grant, specifically asking for a reduction in the scope of the project due to rising construction costs and other constraints.

Contested Items

The meeting included two contested appeals regarding Water Quality Management Fees.

Appeal of Water Quality Management Fee for 2849 Walnut Hill Road

Travis Stine appealed the Water Quality Management Fee assessment for the property at 2849 Walnut Hill Road. Stine argued against the fee, contending that the property did not receive city services that would justify the assessment. The discussion was heated. However, the board upheld the fee and determined that ordinance requirements mandated the assessment regardless of Stine's objections.

Appeal of Water Quality Management Fee for 8291 Old Richmond Road

Burgess Carey appealed the Water Quality Management Fee for the property at 8291 Old Richmond Road. Carey requested a lower fee rate, arguing that the property's agri-tourism business warranted a reduced assessment. This appeal also resulted in a heated discussion. The board denied Carey's appeal, basing their decision on the ordinance's definitions and requirements, which did not provide for a reduced rate based on the property's business classification.

Approval of 10/8/20 Minutes

1:08

The board reviewed and approved the minutes from the October 8, 2020 meeting. George Woolwine led this agenda item. The minutes were approved without noted objections or concerns.

Appeal of Water Quality Management Fee – 2849 Walnut Hill Road

6:31

The board heard an appeal from Travis Stine regarding the Water Quality Management Fee assessment on his property at 2849 Walnut Hill Road. Stine argued that the fee should not be charged to his property because it does not receive city services.

Key Speakers: - Travis Stine (appellant) - Jennifer Carey

Outcome: The board denied the appeal.

Appeal of Water Quality Management Fee – 8291 Old Richmond Road

21:01

The board heard an appeal from Burgess Carey regarding the Water Quality Management Fee assessed on his property at 8291 Old Richmond Road. Burgess Carey and Jennifer Carey presented the appeal, arguing that the fee should be reduced based on the agri-tourism business nature of their property.

The appellants contended that their property's classification and use warranted a lower rate for the Water Quality Management Fee than what had been assessed. They presented their case for consideration of the property's specific operational characteristics as an agri-tourism business.

The board reviewed the appeal and the arguments presented by the Careys regarding the fee assessment and the property's business classification.

Outcome: The appeal was denied.

Opera House Square Townhouses Corporation – FY 2019 Class A Grant

46:23

The board discussed a request from Opera House Square Townhouses Corporation regarding their FY 2019 Class A Grant. The primary matter under consideration was a proposed decrease to the permeable paver area as part of the project.

Key Speakers

Frieda Meyer and Frank Mabson led the discussion on this agenda item.

Issue Presented

The corporation requested a reduction in the planned permeable paver area. According to the board discussion, this request was driven by rising construction costs and other project constraints that made the original scope difficult to maintain.

Outcome

The board's request was denied. The board did not approve the proposed decrease to the permeable paver area.