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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 2 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 0