HomeMy WebLinkAbout8/2/2011 - RegularMill I Nei 10 its INDIA I a OF-11
MEMBERS PRESENT: Bradley E. Grose, Mayor
Carolyn D. Fidler
Matthew S. Hare
William W. Nance
STAFF PRESENT: Christopher S. Lawrence, Town Manager
Elizabeth Dillon, Town Attorney
Susan N. Johnson, Town Clerk
Consuella Caudill, Assistant Town Manager
Michael Kennedy, Public Works Director
Anita McMillan, Planning Director
Ben Cook, Interim Police Chief
Barry Thompson, Finance Director/Treasurer
Stephanie Dearing, Human ResourceslSafety Manager
Chris Linkous, Fire Captain
Following a National Night Out reception held at 6:00 p.m., hosted by the Roll call, invocation and
Police Department, Mayor Grose called the regular meeting to order at Pledge of Allegiance to
7:00 p.m. The Town Clerk called the roll with all members present. Mr. U.S, Flag,
Hare gave the invocation and Ms. Fidler led the Pledge of Allegiance to the
U.S, Flag,
On motion by Mr. Hare, seconded by Ms. Fidler, with a 4-0 vote, Council Approved Consen'l
approved the Consent Agenda, Agenda
Mayor Grose recognized Interim Police Chief Cook who gave brief
comments relating to National Night Out. Following his comments, along
with comments by Mayor Grose, Mr, Nance and Ms. Fidler, the following
groups were recognized and presented a certificate: Bush Farm
represented by Mrs. Sue Burke; Cedar Avenue, represented by Mrs. Pat
Stanley; Cleveland Avenue, represented by Mrs. Ginny Barton; Craig
Avenue, represented by Mrs. Frances Wright; Dillon Woods, represented
by Mrs, Kathy Bryant; and a new group, A Porters Haven, represented by
Mrs. Sue Huff,
Barbara Snyder of 539 Jefferson Avenue, Vinton, addressed Council
concerning the establishment of a nuisance law in the Town. She
expressed her concern about rental properties in neighborhoods and
having a system in place where citizens can make complaints and after so
many complaints are made on a particular property, the Town can have
some recourse to warn and/or fine the property owner. Mayor Grose
thanked Ms. Snyder for her comments and after discussion, Mayor Grose
asked the Town Manager and staff to review the matter and report back to
Council at a later time. Ms. Snyder also asked that any Council Member
who currently owns rental property in the Town recuse himself or herself
from any action taken on the matter. The Town Manager commented that
he would also work with the Town Attorney to review the Virginia State
Code as well. Jessie Blessard of 316 Cedar Avenue also made comments
from the floor,
Town Attorney Dillon briefed Council on two Ordinances necessary to
update the Town Code to comply with the current Virginia State Code.
The first Ordinance relates to the pneumatic gun law. The General
Assembly, effective July 1, 2011, amended Virginia Code Section 15.2-
915.4 to state that a local government cannot prohibit pneumatic guns on
or within private property if the person has permission of the owner or legal
possessor of the property when using reasonable care to prevent a
projectile from crossing bounds of property. The Town's current Ordinance
does not allow the use of pneumatic guns on private property and this new
law invalidates our current Ordinance. After questions and comments from
Council Members expressing their concerns about this new law, Attorney
Dillon reiterated the definition of reasonable care in the Code, and the
requirement of supervision by minors under the age of 16, Mayor Grose
asked the Town Manager and Town Attorney to prepare a letter or
resolution expressing Council's discontent with the new law and to bring
the matter back to Council for consideration at a future Council meeting.
Attorney Dillon next briefed Council on an Ordinance to revise the Town's
Noise Ordinance. Based on a case, "Tanner v. City of Virginia Beach", the
Virginia Supreme Court declared that the "reasonable person" standard
used in most noise ordinances was unconstitutionally vague because it
would not inform a person what they could or could not do with reasonable
certainty. The new Ordinance includes a definition of "plainly audible" and
several references refer to distance of 50 feet or more. Another option is
decibel levels, but Attorney Dillon would not recommend that option.
Mr. Nance referenced Section 34-26(6) and asked if there should be a
distance requirement in that Section. Attorney Dillon indicated that could
be added and that the provision remains that allows a variance for special
events. The Town Manager made comments and indicated that when the
Ordinance is brought back for Council action that the public will be made
aware of such change and educated on the new Ordinance. Mr. Nance
commented on the definition of sound and Attorney Dillon indicated that
definition has been used in other jurisdictions.
Ms. Snyder made comments from the floor regarding percussion and
vibrations that cannot be measured in decibels. Attorney Dillon indicated
that those types of noises are included in the proposed Ordinance. A
question was raised about animals and they are also covered in the
proposed Ordinance. After further comments from Mr. Nance, the Town
Manager and Attorney Dillon, the Mayor asked that the Ordinance be
brought back to Council for consideration at a future meeting.
Fire Captain Linkous explained that grant funds from the Virginia Adopted Resolution No.
Department of Fire Programs in FY1 1 were reduced by 10 percent, but 1929 authorizing budget
that an additional amount of $2,563.00 has now been received by the re -appropriation of
Town and needs to be allocated to the new FY12 budget. Such funds $2,563.00 to Fire and
along with funds from VML have been used to purchase Fire and EMS EMS Budget Account in
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equipment such as a four -point rescue Jack system, two chain saws, FY12 Budg
overhead projector, turnout gear and other equipment. Upon motion by
Mr. Nance, seconded by Mr. Hare, with a 4-0 vote, Council adopted
Resolution No, 1929 authorizing a budget re -appropriation of $2,563,00
from the Virginia Department of Fire Programs to the Fire and EMS Budget
Account. I
Consuella Caudill commented on a Resolution relating to the former
Adopted Resolution No.
Steve's Garage Building to solicit bids for asbestos testing and any needed
1930 relating to the
removal, and to enter into a Contract for the demolition of said building.
former Steve's Garage
Two bids were received and the lowest bid was from L and S Excavating.
Building authorizing the
Other costs included relate to asbestos testing and any needed removal,
Town Manager to solicit
along with disconnecting electric power, gas, water and sewer. The
bids for asbestos testing
current anticipated demolition date is the third or fourth week in August and
and any needed
staff, other individuals, volunteers, and organizations have been made
removal, and to enter
aware of this date and that items need to be removed. The contractor will
into a Contract for the
demolish the building and remove all debris down to the concrete slab.
demolition of said
building.
The Town Manager commented that the funds are coming out of the
General Fund's Beautification Fund which will deplete that Fund. Mr. Hare
asked about the possibility of putting up a basketball court on the concrete
slab. The Town Manager indicated that staff is open to any suggestions
for the use of the property.
After further comments from Council Members, on motion by Ms. Fidler,
seconded by Mr. Nance, with a vote of 4-0, Council adopted Resolution
No. 1930 relating to the former Steve's Garage Building authorizing the
Town Manager to solicit bids for asbestos testing and any needed removal,
and to enter into a Contract for the demolition of said building.
The Mayor presented a Resolution to authorize the Town Clerk to sign Appointment of new
Town checks and welcomed Susan Johnson as the new Town Clerk. Town Clerk, Susan N.
Johnson
The Town Manager indicated that a motion needed to be made to appoint
Susan Johnson as the Town Clerk. On motion by Ms. Fidler, seconded by
Mr. Nance, with a vote of 4-0, Council moved to appoint Susan Johnson as
the new Town Clerk.
On motion by Mr. Nance, seconded by Mr. Hare, with a vote of 4-0, Adopted Resolution No,
Council adopted Resolution No. 1391 authorizing the Town Clerk to sign 1391 authorizing the
Town checks. Town Clerk to sign Town
checks
Mayor Grose commented on the scheduling of a Town Council Retreat to
meet and plan with staff for the upcoming year. After discussion, the
Retreat was set for Thursday, September 15, 2011, beginning at 10:00
a.m. with location to be announced.
A Joint Town Council/Planning Commission Work Session on Downtown
Revitalization was tentatively scheduled for Tuesday, September 27, 2011,
beginning at 6:00 p,m. with location to be announced.
ki
The Mayor and Town Manager answered a question from the floor about
the opening of the new Library. It will be a Roanoke County project which
will have to be paid for with bonds which will not happen for at least three
more years,
The Mayor announced that starting August 4, 2011, he is going to have
regular office hours every Thursday from 9:30 a.m. to 11:30 a.m. to meet
with anyone who would like to either stop by or call for an appointment.
The Mayor suggested that the Town have a Government Day and asked
the Town Manager and staff to review the matter and come back to
Council with some recommendations. One suggestion is possibly having a
booth during the upcoming Fall Festival which is October 8, 2011.
Comments from Council Members: Ms. Fidler mentioned a Virginia
Explore Park event every Thursday in August at the Taubman Center
featuring the Great American Songbook and that the Park is getting closer
to fully opening its doors to the public, Mr. Nance expressed thanks to
citizens who came to the meeting. He mentioned a Prayer Vigil for Sam
Cundiff at Vinton Baptist Church, expressed thanks to the Vinton
community for their support of Mr. Cundiff and his family and for a very
successful blood drive that was held earlier. Mr. Hare asked the status of
the employee appreciation proposal and the Town Manager indicated that
a report will be made to Council at the next meeting.
On motion by Ms. Fidler, seconded by Mr. Nance, with a vote of 4-0,
Council adjourned the regular meeting at 8:31 p.m.
The Mayor called the Work Session to order at 8:48 p.m. Mr. Hare asked
that the title of Police Chief be bestowed on Ben Cook during the interim.
Council agreed that it would clear up any confusion during the interim
period. The Town Manager indicated he would take care of the matter.
Consuella Caudill gave a brief presentation on the results of the Economic
Development 2011 Business Survey. This was part of the strategy in
developing the Economic Development Office, making a connection with
the business leaders in Town and increasing communications with them.
The survey was comprised of 40 questions and a total of 341
questionnaires were sent out to physical business addresses. A total of 44
questionnaires were turned by the due date plus an additional six, for a
total of 50. The conclusions were based on the areas of general
demographics, factors in operating, satisfaction with services, recruitment,
business location and expansion plans and business assistance. After
questions and discussions from Council, Ms, Caudill indicated she would
furnish Council with her completed report.
Anthony Lizan, the summer intern, gave a brief update on the 2011 Citizen
Satisfaction Survey. First, he reported that the winner of the [-Pad was
Donald Doyle of 502 Pine Street and asked the Mayor to write him a letter
of appreciation. Mr. Lizan indicated that he had sent out 750 mailed
surveys and received 304 usable responses back which is a 40 percent
return rate, He commented on six questions— the quality of services in
Vinton, government comparison with the State and Federal Government,
M
impressions of employees of the Town, opinion on value received for Town
of Vinton taxes, direction of the Town, welcoming citizen involvement and
listens to citizens, positive place to do business and attracting new
businesses, rank expenditure priorities and a goal exercise asking how
they would spend $100. 00,
Mr, Lizan plans to correlate the survey by income, education and age and
asked if Council wanted any other correlation. Mr. Nance indicated he
would like a correlation of the tenure in Vinton and additional comments
were made by Council Members and the Town Manager. He will make his
final report to Council at the next Council meeting,
Michael Kennedy, Public Works Director, gave a report on the
Glade[Tinker Creek Interceptor Project, Phase 2 at 5 th and Walnut. After a
very long process of approximately 18 months and numerous regulatory
approvals the job was bid and the only bid came back three times the
amount of money that is available. Since receiving this bid, he said he has
completed a post bid analysis to try to find a way to do as much of the
project that he can with the amount of money available to try to address
the overflow issue. An example is trying to use the existing crossing with
the railroad, Also, the location of the proposed bridge has changed and
some utilities that were in the way will no longer present a problem.
There is $330,000,00 available for the Project. Mayor Grose asked if the
Town could act as a buffer between the Project and the regulatory
agencies and Mr. Kennedy indicated that it can and to some degree
already has.
The Town Manager commented that the money source is bonds from 2007
that are specifically for water and sewer projects and have to be spent in a
certain way. Mr. Kennedy was questioned about any possible grants and
he replied that there are no grants available at this time,
The Town Manager gave an update on the Senior Center that the doors
and locks are completed, the doors are going to be painted, weather
stripping will be installed, and the hot water heater has been installed.
The Farmers Market is being painted, all lights and outlets have been
completed and exterior ceiling fans are being installed.
On motion by Mr. Hare, seconded by Mr. Nance, with a vote of 4-0,
Council adjourned the work session at 10:00 p.m.
F.11�101 **
Bradley E. dri se, Mayor,/
A EST:
Ss a n- -N6.EJohnson, own'Clerk
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