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HomeMy WebLinkAbout12/19/2017 - Regular MINUTES OF A REGULAR MEETING OF VINTON TOWN COUNCIL HELD AT T-00 P.M. ON TUESDAY, DECEMBER 19, 2017, IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA MEMBERS PRESENT- Bradley E. Grose, Mayor Matthew S. Hare, Vice Mayor Keith N. Liles Sabrina McCarty Janet Scheid STAFF PRESENT: Barry W. Thompson, Town Manager Susan N. Johnson, Executive Assistant/Town Clerk Theresa Fontana, Town Attorney Pete Peters, Assistant Town Manager Anne Cantrell, Treasurer/Finance Director Donna Collins, Human Resources Director Tom Foster, Police Chief Anita McMillan, Planning &Zoning Director Joey Hiner, Public Works Director William Herndon, Assistant Public Works Director The Mayor called the regular meeting to order at 7.00 p.m. The Town Clerk called the roll with Council Member Liles, Council Member McCarty, Council Member Scheid, Vice Mayor Hare and Mayor Grose present. Roll call After a► Moment of Silence, McKenna Moore led the Pledge of Allegiance to the U.S. Flag. Chief Foster made brief comments and then read from Ronald Reagan, "I received a letter just before I left office from a man. I don't know why he chose to write it, but I'm glad he did. He wrote that you can go to live in France, but you cannot become a Frenchman. You can go to live in Germany or Italy, but you cannot become a German or Italian. He went through Turkey, Greece, Japan and the other countries, but he ended by saying anyone from any corner of the world can come to live in the United States and become an American". Under upcoming community events, Council Member McCarty announced the following eveft January 8-12.-15 pm — Bridal Party-free lunchtime play for Vinton Seniors-Star City Playhouse. She also announced that Karla Turman in the Planning & Zoning Department on December 22nd and there will be a surprise drop-in breakfast tomorrow from 8-10 am in the TOV Conference Room. Vice Mayor are made a motion to approve the Consent Agenda as presented; the motion was seconded by Council Member Scheid and carried by Approved minutes of the Regular the following vote, with all members voting: Vote 5-0; Council meeting of November 21, Yeas (5) — Liles, McCarty, Scheid, Hare, Grose; Nays 2017 and the Regular Council (0)—None. meeting of December 5, 2017 The next item on the agenda was a report on the efforts of the Police Department. Chief Foster reported that in comparison of November 2016 with November 2017, the traffic stops are up 18%; calls for service are up 4%; drug arrests are up 350% and overall criminal arrests are up 60%. There were a total of 2,748 traffic stops in 2016 compared to 4,604 this year.. Also, there have been 81 DUI arrests year-to-date as compared to 47 in 2016. Chief Foster introduced Kris Moore, a new Officer in his Department, made brief comments and introduced his family. His daughter, McKenna, led us in the Pledge to the U. S. Flag earlier in the meeting. Chief Foster read his Memo recognizing Detective Sergeant Valerie Cummings as Officer of the Month for November. Detective Sergeant Cummings was present at the meeting and congratulated by Council. The next item on the agenda was a report on the Vinton Volunteer First Aid Crew for November 2017 Chief Wayne Guffey reported volunteer truck hours of 463 out of a 456 possible hours for 101% (included Holiday coverage for career staff); had a unit in service 101% of the volunteer time with two units in service for 51 hours; 187 total calls with volunteers handling 96; medic truck was marked up 81% and a BLS Unit 19%; responded to 71 out of 96 calls doing volunteer hours for 70% and handled 68 out of 96 calls doing volunteer hours for 85%. The Fractile Response time was 10.09 with 1,729 man hours for the month, There were a total of 135 transports with volunteers handling 46. They currently have 49 members with Kai Abell now being a Certified EMT and Peyton Youngblood and Tracy Shultz being two new members, Vice Mayor Hare asked about the difference between calls dispatched and calls responded to and Chief Duffey responded they are als handled by the career staff because the volunteers were already on another call. The next item on the agenda was a report on the Vinton Volunteer Fire Department for November 2017. Chief Richard Oakes first commented that they have a 2 new member in process and a former Junior member who has indicated he would reapply in January as a full- time member. Yesterday RVTV shot some scenes for the PSA and a daft will be available for the second Council meeting in January. Roanoke County has a banner that will be put on the building this week. The total man hours recorded for the month was 86. Vice Mayor Aare asked if the volunteers have the opportunity to run with the career staff and Chief Oakes responded yes for those that are certified. Vice Mayor Hare asked if them: were plans to put banners at the entrances to the Town. The Town Manager responded that he and Chief Oakes are working on putting them up during the winter while there are no events to advertise as well as on the WBNS sign. Information will also be placed on the Town's webste and all social media. The Town Attorney commented that Chief Foster sent her information regarding a tethering ordinance; which she will be drafting and bringing back to Council for their review in January. She wished everyone a very Merry Christmas and Nappy Holidays. The next item on the agenda was the consideration of public comments regarding the petition of Brigitte Howard for a Special Use Pen-nit (SUP) to operate a family home day care at 1567 South Pacific Drive, Tax Map lumber 0 1.09- 1-42, zoned R-1 Residential District. The Mayor opened the Public Tearing at 7 34 p.m. Public Hearing Opened Anita McMillan commented that the Code of Virginia defines family day care home as a child clay care program offered in the residence of the provider or the home of any of the children in care for one through 12 children under the age of 1 . Family stay care homes serving five through 12 children, exclusive of the provider's own children require for the home to be licensed. Council was briefed on December Vh regarding Ms. Howard's request. After the briefing and prior to the Planning Commission public hearing; Staff contacted Ms. Toward to get additional information. Ms. Howard would like to care more than four but not more than 12 children; as allowed by the Virginia Department of Social Services VISS). A family day care home will require a license from VDSS, and the locality's zoning approval. The days and hours of operation will be Monday through Friday from 7 g9 am. to :33 p.m. She will not have school-aged children under her care and they will be from the ages of six weeks to five years old. She plans 3 to have one part-time employee in the morning and one part-time employee in the afternoon. Under the zoning ordinance, any home occupation or Special Use Permit that is approved is allowed to have up to a two square toot sign, but Ms. Howard is not planning to put up a sign.. lbs. McMillan next commented on two phone calls that were received prior to the public hearing of the Planning Commission, one from Richard Maxey and one from John Berry, both of Olney lead, At the Planning Commission hearing on December 7th, Jocelyn Ash ell one of the mothers of a child who is under the care of Ms. Howard, asked that the request be approved and indicated she has been pleased with the childcare services provided by M . Howard. The Planning Commission voted unanimously to recommend approval of the request by Town Council. As stated in the report, the Planning (commission and Town Council can impose conditions to the request, but the Planning Commission did not impose any conditions. Council Member Scheid asked if there was discussion by the Planning Commission of any issues. Ms. McMillan responded that at a prior work session, the sign was discussed, but Ms. Howard indicated in here application and at the Planning Commission's Public Hearing that she is not planning to put up a sign. Council Member Scheid next commented that it would e her intent to impose a condition on the SUP that a sign could not be placed on the property. The Town Attorney responded that a condition can be added to the proposed Ordinance if the applicant is agreeable to it. Under public comments, Ms. Howard commented that she wanted the SUP so she can provide financially for her children and still be home for them. She was licensed in Nebraska before she moved to Vinton and she does not have an issue with not putting up a sign. Vice Mayor Hare commented that google wraps showed pool in the backyard of the property and asked if it was still there. M . Howard responded that was not her backyard because she has lived there since July of 201 and there is no evidence there was ever a pool there. The Mayor commented that his only concern was the sign and that has been addressed. Council Member Liles commented on the fact that Ms. Howard had to put a deck on the back of her house and Ms.. Howard commented that was because the home was not to code when she bought it, did not have a landing out from the back door and the regulations for the distance between the slag on the railings had changed. Hearing no further comments, the Mayor closed the Public blearing at 7: 5 p.m. public bearing Closed The Mayor next commented that Council needed to Adopted Ordinance No. 989 a consider the Ordinance to grant the SUP with the revised, approving the petition of restriction of no sign being allowed on the property. Brigitte Howard for a Special Use Council Member Liles made a motion to adopt the Permit (SUP) to operate a family Ordinance, as revised; the motion was seconded by home day care at 1857 South Council Member McCarty and carried by the following pacific Drive, Tax Map Number vote, with all members voting: Mote -0; Yeas t8 061.09-01- zoned -'I Liles, McCarty, Scheid, blare, Grose„ Nays g —None. Residential District The next item can the agenda waste consideration of public comments regarding the Town's intention to assess housing conditions in the community and the feasibility of implementing a housing rehabilitation program and to survey residents and/or potential beneficiaries to confirm housing needs and income status. The Mayor opened the Public blearing at 7-46 p.m Public Meeting opened Pete Peters commented that as previously briefed at the December 5' Council meeting, the Town was recently awarded a $3,000 Planning Grant from the Department of blousing and Community Development(DHCD).. The intent of the grant is to assess current housing conditions and determine the feasibility to implement a housing rehabilitation program for neighborhoods adjacent to the Downtown Business District. Staff has contacted Hill Studios to assist with the initial, assessment and feasibility study. We have also reached out to numerous stakeholders in the community and invited them to attend two upcoming Downtown Management Team meetings. The purpose of the meetings will be to discuss the study and draft summary comments that will be submitted to DHCD prior to the ,January le deadline. The hope is that these efforts will result in DHCD awarding the Town additional grant funds to develop a more comprehensive strategic plan to address housing rehabilitation with the ultimate goal to receive construction funds to implement some of the rehabilitation activities. David Mill is in attendance to address any questions that Council might have. Mr. Peters next provided handouts and showed slides of the three neighborhoods that are being considered-- Jefferson Park Neighborhood, Cleveland Neighborhood and the Midway Neighborhood. There were no public comments. Council Member Scheid commented that the 2004 Housing Study identified five neighborhoods and asked if we were settled on these three neighborhoods and if so, why. Mr. Peters responded that DHCD had directed us on the principle of expanding the most recent block grant activity with the Downtown Revitalization Program. While the ether two neighborhoods could also be considered, we were looking for a more refined area that could reasonably be accessed in the amount of time that we had. David Hill and his staff have been contacting property owners and tenants over the past several days to see what areas within these three neighborhoods have conditions that we think we can rectify. In response to a question from Council Member Scheid regarding the expectations of the Downtown Management Team, Mr. Peters commented the Team will discuss the time line and process„ their preferences and hove to move this project forward, We want to also identify some individuals that are actually residents within these neighborhoods and who might want to be a part of the Team. The team will also review the assessment that David and his staff have prepared before our submittal to D CD. David Mill commented that this is the pre-planning application. Some of the questions that are quite relevant would perhaps take place during the planning grant, which would be awarded after this initial application. The Mayor asked if stakeholders for the Management Team would have to be property owners or can they be renters. Mr. Peters responded that he'would welcome both renters and property owners. Doug Forbes has agreed to assist us. The Mayor next asked what kind of commitment would be required by anyone that might be recruited. Mr. Peters responded that aside from the two meetings already scheduled, we would schedule meetings on a monthly basis for the time period that it would take to develop the full plan, perhaps five or six meetings during the Spring and Summer. Nearing no further comments, the Mayor chased the Public Meeting at 8:00 p.m. No action was taken. Public .Meeting was closed The next item on the agenda was a briefing on the results of an PFP issued by VM ACo for financing to purchase certain equipment from the General Fund and Utility fund from the Town Manager's GIP Funding gist for Fiscal Year 201 -2{ 18. Anne Cantrell commented that during the F'Y 2018 budget adoption, Council requested that the Town delay the CIP purchases until the Finance Committee had a chance to review the financial position of the Town and see if the Town could afford the items that were included in the budget. After a review, the Committee is recommending moving forward with the two meter reading trues, a refuse truce with flippers, flipper to retrofit the backup refuse true, a ewereter vac trunk and a utility dump truck: The Town has worked with VML/VACo to issue an RFP for financing. The results were given to the Town on December 12 ' and US BankCorp had the lowest rates and has agreed to lock them in until December 31't: For five year equipment;we received a quote of 2.288% and seven year equipment we received a quote of 2.431%. VML.JVACo has recommended that we move forward with the financing prior to the December 31 s` date because the proposed tax laws in Congress are anticipated to increase loan rates. The exact effect of the law is unknown, but the best estimate would a $4,475 annual increase on interest payments. ML/VACo has indicated that the main reason for estimating the increase is basest on the corporate tax rate decreasing from 3 % to 20% which would mean that the banks would not have to write off as much of their income for tax purposes, Mice Mayor blare commented that this does not cover all of the CIP that was put in the budget, but the Committee chose the ones that were most important. The meter reading trucks bring in revenue and the refuse truck will allow us to choose which path we want to go and take out of service a -year old truck. With regard to the utility dump truck and sewer fetter vac; both are very important and rental of a sewer fetter vac is very expensive. We are not replacing a dump truck on the General Fund side at this time.: The next item on the agenda was to consider adoption of a Resolution approving the lease financing of equipment and authorizing the execution, delivery and performance of a master equipment lease/purchase agreement and separate schedules to it and related documents and actions. Anne Cantrell commented that we reed to take action because the interest rates are only guaranteed to December 31'. Vice Mayor Hare commented that the Finance Committee also recommends that we move forward with the financing.; He then referred to No. 5 (iv) in the Resolution and asked if this would be for this calendar year. The Town Manager responded it would be calendar year 2017. We will close on this financing on December 29th. 7 The Town Attorney asked if there is one lease and the Town Manager responded there are two. The Town Attorney next commented that the Resolution under the third WHEREAS, Section (b) only provides for Schedule of Property No. 1, Ms. Cantrell commented that it should be Property No. 'I and Property No. 2. There is one Master Lease Agreement; but two property schedules. After further discussion; the Town Clerk left the sheeting to retrieve the Iran documents from her once. The Mayor suggested that we move on to the next item and then come back to this Item for action. The next item on the agenda was to consider adoption of a Resolution approving a variance of the Town's Eloise Ordinance to Avis Construction Company; Inc. The Town Manager commented that a building permit was issued by Roanoke County to Avis Construction on November r to replace existing concrete sidewalks and curbs and to add handicapped/ADA ramps and curb ramps. The construction work is to take place in the vicinity of Subway and China Wall restaurants at the Lake Drive Shopping Center; In order to minimize the disruption to the business tenants, and the fact that some of the work is directly in front of the entrances to these businesses that want to stay open during their regular business hours; Avis Construction has submitted a request for a temporary variance/waiver to Vinton's noise ordinance pursuant to Section 34-27 for Avis, as well as their subcontractors. As indicated in the letter provided with the agenda package, they plan to work during the hours of 9:00 p.m. to 7:00 a.m. during the work week, from December 21, 2017, through January 31, 2018, originally Avis had requested the variance through January 19' , but staff granted to extend it to January 3 't in case of inclement weather so they world not have to came back to Council and ask for an extension. Mr. Bulls, Vide President of Preconstruction Services with Avis, is present to answer any questions that Council might have. Council Member Scheid expressed her concerns about lack of notification to the citizens that live in this area, The Town Manager commented that staff has tried to notify the residents by phone. The owners of the rental property at 622 Clearview Drive were notified and they indicated they would let their tenants know about the 8 request and the Council meeting. The house at 626 Clearview Drive is vacant and several attempts were made to contact the owner of 63 Clearview Drive- without success. The owner of the rental property at t Clearview Drive was contacted and he indicated he would inform his tenants about the request and the meeting. The Town Manager next commented that he went to Berkshire and spoke with the Administrator who indicated she did not think there would be a problem because the units that are closest to the lake Drive Plaza are mostly hearing-impaired units, The Town Manager further commented that Chief Foster who enforces the noise ordinance, felt that the noise would move toward Verizon and Mclonald's. Council Member Scheid asked what is the recourse if we grant this variance and then it becomes a problem, Mr. Bulls commented that the construction that will be making the noise is not going to happen at 3:00 am in the morning. The merchants operating hours are 10 am to 10 pm on average. Once they close for about a two- hour period from 10-12 prn they are doing to break u the concrete with a jack hammer. From 12 pm on they will be removing, hauling away and putting back the stone sub-base to get it ready for their opening at 10 am the next morning. The next night after the business closes, they will take out the temporary walking surface, pour the concrete and finish it, which will take about two hours. They have five areas to do. They will not work on any holidays, Saturdays or Sundays and will probably be on a Monday-Wednesday time period unless the weather is a factor; The Mayor commented that he would feel more comfortable if staff had actually talked to the residents rather than the property owners. He expressed concern in setting a precedent even though we want to be very business friendly. He suggested a provisional waiver and if an excessive amount of complaints are received, we would have to ask them to stop. Mr. Bulls responded that he would expect to be asked to stop if the Town received complaints: The Town Attorney commented that we can do a waiver or partial waiver for any length of time that we want.. Unfortunately the ordinance is silent as to cancelling the waiver, but if it was done for a short period of time, it could be renewed. Mr: Bulls responded that he is looking to be completed by the middle of January. The plan is to do the work for two days, skiff the rest of the week and continue that schedule until the work is done, 9 Vice Mayor Hare commented that the Resolution timeframe could be adjusted from December 21, 2017 to January 3, 2018 and at the January 2 d Council meeting if there have been no complaints, we can extend for another two weeks. The Town Attorney commented that we n also put a condition that if we are receiving complaints that we can notify him. Mr. Bulls commented that he may not do any of the work between now and January 2" ; Council Member Scheid suggested that the dates be from December 21, 2017 to January 15, 2013, which is the date before the second Council meeting. Mr. Burs stated that would allow him to go through two cycles and if something has happened it could be addressed. Council Member Scheid asked about lighting while the work is being done. Mr: Bulls responded that there would be some close proximity lighting, but they will not be lighting up the parking lot. Council Member Scheid made a motion to approve the Resolution with the revision for the time period to be from December'21, 2017 to January 10, 2013; the motion was seconded by Vice Mayer Flare and carried Adopted Resolution No. 2228, as by the following vote; with all members voting; Vote - revised, approving a variance of the 0 Yeas ( ) — Liles, McCarty, Scheid, Flare, Grose; Town's Noise Ordinance to Avis Nays )-- None. Construction Company, Inc. The next item can the agenda was to take action can the Resolution approving the lease financing of equipment and authorizing the execution, delivery and performance of a master equipment lease/purchase agreement and separate schedules to it and -related documents and actions. The Town Attorney commented that it has been determined from the loan documents that we need to revised the language Adopted Resolution No. 2229, as under the third WHEREAS b) to "Schedules of revised, approving the lease Property No. 1 and Property No. ". financing of equipment and authorizing the execution, delivery Vice Mayor Aare made a motion to approve the and performance of a master Resolution, as revised, the motion was seconded by equipment lease/ purchase Council Member McCarty and carried by the following agreement and separate schedules vote, with all members voting: Vote 0-0; Yeas ) — to it and related documents and Liles, McCarty, Schein, Hare, Grose; Nays (0)—Norte. actions The Town Manager asked Chief Foster to give an update on the recent request from a citizen regarding the COPS routing for trues on Ruddell Road. Chief Faster commented they have contacted the three primary GPS manufacturers and they will review our request to remove luddell Road and Berkley from PS routing, but it will only occur as individuals update their CAPS software. Lieutenant Austin is working with 0 Roanoke City for some verbiage to place a sign near the ling Street entrance that this is not for truck routing. We will do the sane in the vicinity of Herman L. Horn for vehicle that might be trying to turn off Mountain View or come out Ruddell. The Town Manager wished everyone a Merry Christmas and a Happy New Year. The Mayor commented on the Volunteer Fire Department and Volunteer First Aid Crew Christmas dinners. He also commented on the success of the t ish's bill Community meeting and on behalf of his family wished everyone a Merry Christmas. The Mayor next commented that February 2 nd was a suggested date for the Council Retreat and Council agreed to schedule it for that date. Council Member McCarty suggested scheduling future retreats in advance. Comments from Council: Council Member Liles congratulated Chief Foster on receiving the Employee of the Year award. Council Member McCarty commented on compliments from individuals traveling through Town of the lights downtown and the email that was received from a citizen complimenting the refuse crew. Council Member Scheid commented on the Roanoke County Investiture Service that she, the Mayor and Town Manager attended yesterday. She also commented that the historic tax credit is in the tax bill, but not exactly in the same form. The credit is the sage, but instead of being able to get it all at once, it will be spread out over five years. Vice Mayor Hare requested that the Public larks Committee work with Public Works and Fire/EMS in preparing an overlay of a map indicating where we are going to do utility work to show where there are black or missing fire hydrants. He also asked about the engineering study that has been done on the intersection of Vinyard and Virginia. He suggested making the right-hand lane coming out of Vinyard to go straight or right, which always has the right of way and making the left-hand lane only go left. The Town Manager commented that we can do a briefing for Council on the study and .Joey Hiner commented this initial study was to look at the less invasive and less expensive options. All Council members wished everyone a Merry Christmas and Happy ewYear. �l Vice Mayor are made a motion to adjourn the meeting; the motion was seconded by Council Member Liles carried by the following vote, with all members voting: Vote 5-0; Yeas (5) — Liles, McCarty, Scheid, Hare, Grose, Nays, (0) — None. The meeting was adjourned at 9-00 p.m. Meeting adjourned APPROVED: ,17 Bradley E. prose, Mayor ATTEST: Susan N. Johnson,�CMC, Town Clerk 12