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HomeMy WebLinkAbout12/6/2011 - Regular MINUTES OF A REGULAR MEETING OF VINTON TOWN COUNCIL HELD AT 6 00 P.M. ON TUESDAY, DECEMBER 6, 2011, IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON„VIRGINIA, MEMBERS PRESENT; Bradley E, Grose, Mayor Carolyn D. Fidler, Vice Mayer Robert R. Altice Matthew;S. Hare William W. Nance STAFF PRESENT; Christopher S. Lawrence, Town Manager Susan N.Johnson,Town Clerk Elizabeth Dillon, Town Attorney Barry Thompson, Finance Director/Treasurer Stephanie Dearing, Human resources Director Benjamin Cook, Police Chief Anita McMillan, Planning and Zoning Director The Mayer called the meeting to order at 6:00 p.m. The Roll call Town Manager called the roll with Council Member Altice, Council Member Here, Council Member Nance, Vice Mayor Fidler and Mayor Grose present. The Mayor advised that Council needed to go into a Closed Meeting pursuant to Section 2.2-3711 ( ) (1) of the Code of Virginia, as amended, for discussion or consideration of personnel matters relating to the Police Chief position and pursuant to Section 2.2-3711 A ( ) of the 1950 Code of Virginia, as amended, for discussion or consideration of the disposition of publicly held real properly, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body relating to purchase of right of way easements by Appalachian Power Company for the Huntington Court Transmission Line. On motion by Mr. Hare, seconded by Mr Nance, with a vote of 5-0, Council went into Closed Meeting at 6:05 p,m At 7.00 p.m,, the regular 'meeting reconvened. The Mayor welcomed those in attendance and after a Moment of Silence, Mr. Altice led the Pledge of Allegiance to the U.S. Flag, Under consent agenda, upon motion by Mr. dance, seconded Approved minutes of November 15, by Mr. Hare, with a 5-0 vote, Council approved the minutes as 2011 and November 30, 2011 presented; The Town Manager read a portion of a report prepared by the Public Works Director relating to the Town's recycling program. The Virginia Department of Environmental Quality recently released the Calendar Year 2010 Annual Recycling Bate Report and Vinton's rate of 51.8% ranked Ph in the Commonwealth amongst 71 Solid Taste Planning Units, which represent 324 cities,towns, and counties, This is the third time in the past four years that Vinton placed in the top tent statewide and the fifth consecutive year placing in the top 15 statewide. The Town Manager then expressed his appreciation to the dedicated efforts of Public Works staff; namely Sandra Jacobs; Brenda McGuire, Bo Cherry, and Eddie Cooper. Brenda McGuire was present at the meeting. The Mayor also expressed his thanks to the Public Works staff. The next item on the agenda was to conduct a Public Hearing can the application from Potomac Foods Real Estate, L LC,to rezone three parcels of land off Bedford Road from R- 3 Residential to GB General Business District to expand Bojangles' Restaurant parking areas and associated improvements. Anita McMillan, Planning and Zoning Director, made brief comments on the application. The Planning Commission had its Public Hearing on November 3, 2011, and unanimously recommended to Town Council that the rezoning be approved. However, some members of the Planning Commission requested that Bojangle , through Mr. Seymour, consider addressing the concerns expressed by Renitai McMillan at their Public Hearing. Her concerns related to her property value, the dumpster, lighting, safety, lack of sidewalks, parking and the circulation within the existing parking lot. s. McMillan indicated that basest on her concerns; Mr. Seymour and Mr. Crew have assured staff and the Planning Commission that they will consider relocating the dumpster closer to the service center and with fixture dumpster service will ask for them to empty the dumpster between 9 a.m. and 7 p.m. instead of the early morning hours. The Mayor asked about proffers and Ms. McMillan indicated that they have not submitted proffers, but they will provide what is required by the current zoning ordinance, The Town Attorney indicated that proffers have to be voluntarily tendered and signed before the Public Hearing, so there are no proffers, if there are proffers that the applicant wanted to tender, Council could refer back to the Planning Commission, but if not, would still have to have another Public Hearing. Mr. Seymour indicated that he has cancelled his service with Waste Management because they are not willing to change their schedule and he is in the process of talking with two other providers. Mr, Nance asked about the two revised development plans, one with the storage building and one without. Ms. McMillan answered that they are not able to meet the required setback for the storage building. Mr. Nance commented on the relocation of the dumpster and Ms. McMillan indicated that a restaurant has to have a dumpster; but we cannot dictate whereat is to be located. 2 Mr. Ben Crew with Balzer and Associates; Inc; made brief comments of clarification. The final plan shows the relocation of the dumpster and the omission of the outside storage area. They will do the same landscaping, same buffering and same entrance location., The Mayor then declared the Public Hearing open. Renita McMillan of 932 Bedford Road indicated she appreciated Mr. Seymour's efforts in relocating the dumpster and that if Council approves the plan for the expansion; that the application be approved with the changes. The original location of the original dumpster is a major concern of hers. The Mayor asked if any deviation from the final plan would have to come back to Council. The Town Attorney indicated that Council could not enforce it unless it is proffered. Mr. Dance commented that when Mr. Seymour came before the Board of Zoning Appeals in 1999 that he went out of his way to attempt to alleviate as many concerns of the residents as he could and he had no concerns that Mr. Seymour will not go by the final plan that; e has submitted. Hearing no further' public comments, the Mayor closed the Public Hearing. Upon motion by Mr. Dance, seconded by Mr. Altice, with -0 Approved Ordinance No: 919 for vote, Council adopted the Ordinance approving the rezoning as rezoning of three parcels of land off presented. Bedford Road; two vacant parcels and 93 Bedford Road; tax map The next item on the agenda related to the June 30, 2011, numbers 060.20-07-29.00, 000.20- Comprehensive Annual Financial Report by gown 07-30.00, and 060.20-07- 1.00 Edwards & Company, LLP. Barry Thompson; Finance from R-3 Residential District to GB DirectorlTreasurer, made brief comments before introducing General Business District. John Aldridge of Brown Edwards: Mr. Thompson indicated that this year's report is an improvement over the year before. Also, the Finance Department has submitted its transmittal to the State which was due December Vt and Lijah Robinson, the new Accounting Manager, prepared the transmittal this year and this was an expense that was reduced from the audit, Mr. Aldridge made brief comments on the report, specifically page 1 which issued a clean opinion on the financial report,and page 3 which is the Management's Discussion and Analysis. He also commented on other parts of the audit report as well as the Financial Analysis Report, The Mayor expressed his thanks to Brown Edwards, our Finance Department and Finance Committee for their work as well as the Town Manager, The Town Manager expressed his thanks to Brown Edwards and the working relationship they have with the Town. 3 Upon motion by Mr. Hare, seconded by Mr. Altice, with 5-0 Approved Resolution No. 1945 vote, Council adopted the Resolution as presented, receiving and accepting the June 30, 2011 Comprehensive Annual Financial Report prepared by Brown Edwards & Company, L.L,P. The Town Manager briefed Council on a Supplemental Agreement with Norfolk Southern and the Town relating to the Glade-Tinker Creek Wastewater Interceptor line, When this project was first put out to bid, and the bids were substantially above the funds available, it was decided to reuse the existing sewer line to reduce costs. The use of the existing crossing trench requires a supplemental agreement to the June 12, 1951 License Agreement. The revised design is presently under review by U.S.Army Corps of Engineers and U.S. Fish & Wildlife because of the crossings close proximity to Glade Creek, but the supplemental agreement with Norfolk Southern is necessary and needs to be executed now, Mr. Hare asked if there is any idea of the savings by doing it Approved Resolution No. 1946 this way and it was indicated that there is no exact figure, but it authorizing Town Manager to should help reduce the costs of the project. Upon motion by execute Supplemental Agreement Mr. Altice, seconded by Mr. Nance, with a 5-0 vote, Council with Norfolk Southern Railway adopted the Resolution as presented, Company to revise a License Agreement dated June 15, 1951. The Town Manager announced the resignation of Mike Kennedy as the Public Works Director, who will become the Public Works Director for the City of Lexington. His last day with Vinton will be Friday, December 16th, He also reminded Council of the Employee Luncheon on December 15th at the War Memorial; the Volunteer First Aid Crew Christmas Dinner at the War Memorial on December 16 ffi and the Volunteer Fire Department's at the Fire Station on December 17th The Mayor indicated that he had received positive comments on the Christmas parade and expressed thanks to all who worked on the parade. He indicated that the owner of Charity Cottage expressed his appreciation to the Police and Public Works Departments and also for how fast the streets were cleaned after the parade. He also mentioned a compliment from a citizen who served on a recent Grand Jury and how impressed they were with the presentation given by Detective Sgt. Valerie Cummings. Comments from Council Members: Mr, Hare also commented on the Christmas parade and his appreciation to staff for the work they have done to get the Town in a better financial situation. He also commended Lijah Robinson for his work in the Finance Department and the Town Manager for his good management, Mr. Nance also expressed his appreciation to the Finance Department and Staff for the good audit report, He commented on the Christmas Parade and expressed his appreciation and thanks to Mike Kennedy and stated that the Public Works Department is where it is today because of him. Mr. Altice asked that we recognize Mike Kennedy in some fashion, Vice Mayor Fidler commented on alike Kennedy and also reiterated the comments made by the Mayor on Detective Sgt. Valerie Cummings, Ms. Fidler made a suggestion for a skate park at the site of the old Steve's Garage that has been demolished and that she would be willing to solicit funds to help with the costs. She also made comments on the audit report. The Mayor expressed his appreciation to Mike Kennedy. He mentioned a Proclamation that will declare Virginia Department of Housing and Community development Day on January 9, 201 . Vice Mayor Fidler mentioned an incident where a child had been badly burned and that Mr. Norman Smith had complimented Officer Michael Byrd on how he handled the situation. Mr. William Booth asked what property Ms. Fidler was referring to for the skate park and she responded the property behind the Municipal Building, across from the Fire Station', The meeting was recessed at 8:14 p.m. to go back into Closed Meeting. At 8:20 p.m., the regular meeting reconvened and the Certification that the Closed Meeting was held in accordance with State Code requirements was approved on motion by Mr. lance, seconded by Mr. Altice, with :a 5-0 vote. The meeting was adjourned at 8.28 pm. ra ley E. Cr se, May6F A EST: �S 4/� k Susan N. Johnson own Clerk 5 AT A CLOSED MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, DECEMBER 6, 2011 AT 6:00 P.M. AT THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA. CERTIFICATION THAT A CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Town Council of the Town of Vinton, 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 2.2-3712 of the Code of Virginia requires a certification by the Vinton Town Council that such closed meeting was conducted in conformity with Virginia Law. NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council hereby certifies that to the best of each member's knowledge: I Only public business matters lawfully exempted from opening meeting requirements by Virginia law were discussed in the closed meeting to which this certification 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 Town Council. Motion made by Council Member Nance, and seconded by Council Member Altice, with all in favor, Clerk of Council