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.
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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.
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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:
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Susan N. Johnson own Clerk
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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