HomeMy WebLinkAbout2/5/2013 - RegularI&M ILI IN I ZMAIN UN] I a N 10 Les
MEMBERS PRESENT: Bradley E. Grose, Mayor
William W. Nance, Vice Mayor
1. Douglas Adams, Jr.
Robert R. Altice
Matthew S. Hare
STAFF PRESENT: Christopher S. Lawrence, Town Manager
Susan N. Johnson, Town Clerk
Elizabeth Dillon, Town Attorney
Ryan Spitzer, Assistant to the Town Manager
Barry Thompson, Finance Director
Anita McMillan, Planning & Zoning Director
Gary Woodson, Public Works Director
Ben Cook, Police Chief
Joey Hiner, Assistant Public Works Director
Paul Harris, Police Sergeant
The Mayor called the work session to order at 6:00 p.m.
The purpose was to give a briefing on the petition of Williams
Mullen, Authorized Agent for Clearview Manor Acquisition,
LLC, for Rezoning from GB General Business District to R-3
Residential District and a Special Use Permit (SUP) for
Clearview Manor Apartments, 1150 Vinyard Road.
Anita McMillan, Planning and Zoning Director, began with a
review of her staff report submitted with the agenda. In July of
1977 the subject property was rezoned from B-2 to R-2 which
allowed multi -family dwellings to be constructed and in 1978
the Clearview Manor Apartments were built, When the new
zoning map was adopted by the Town in 1983, the zoning of
the property was changed to B-G, Business General and then
the classification was amended to GB, General Business
District. Under the GB zoning district, multi -family dwellings I
are not allowed, so the property is now classified as a legal
nonconforming use, This means that if the apartments were to
be damaged or destroyed beyond 50 percent of their assessed
value, they could not be rebuilt without a special exception from
the Board of Zoning Appeals. In July the property was sold and
the current Lender has indicated that the nonconforming status
of the property is not acceptable.
The Petitioner is asking that the property be rezoned to R-3
Residential District to make it legal conforming and for a
Special Use Permit to allow for the apartments that are on the
property. The current building meets the zoning requirements
for the R-3 residential district.
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Currently, this property and the Berkshire Nursing Home share I
the same water tank for the fire protection system. Because
there are now two property owners, a new water tank is being
proposed for Clearview Manor. Ms. McMillan indicated that th
Planning staff is working with an engineer concerning th
location for the new water tank which will be at the expense o
the owner. In response to a question about what the new tan
would look like, Ms. McMillan indicated the proposal is to mak
it look similar to the existing tank. I
Ms. McMillan then commented that under the future land us
Oesignation, this property and Berkshire are designated a
high -density. She also referred to an email from Ray Sandife
included in the agenda package which requested some specifi
conditions, I
A question was asked about the requirement of two parkinC2
spaces per apartment unit. Ms. McMillan responded tha
based on two site visits and a conversation with the propert
manager, the current parking spaces are sufficient because
lot of the residents do not drive. Because this is an existin
use, they ran apply for a variance or increase the parkin
spaces once the rezoning is approved.
Regarding the comments by Mr. Sandifer in his email, the
Mayor asked if those items have been addressed. Ms.
McMillan indicated she would let Mr. Lloyd, the petitioner's-,
representative, respond to this question. Further comments
were also made about the proposed new water tank design
and location and the Mayor indicated that he would like more
information.
Mr. Adams arrived at the meeting at 6:16 p.m.
The Town Manager commented regarding Mr. Sandifer's
request on lighting. He indicated that we have codes that
control lighting and this would only apply if new lighting is
installed, The code does not regulate how you maintain trees
to protect adjoining property,� however it could regulate any new
trees that may be planted.
Attorney Preston Lloyd then reviewed the reason for the
rezoning and Special Use Permit request. He expressed
thanks to the Planning and Zoning staff for their assistance in
this matter. Mr. Lloyd also indicated that they have been in
contact with Mr. Sandifer regarding the issues listed in his
email and will continue to be in contact with him. Mr. Lloyd- -
commented that the new owners intend to spruce up the
�troperty and they want to build a new water tank so they can
'#e responsible for maintaining
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Mr. Altice asked if the use of the apartments would stay the
same and the response was yes. Vice Mayor Nance asked
when the Public Hearing would be and Ms. McMillan
responded February 1 g1h . The Mayor asked if some more
information can be provided regarding the proposed water
tank and Mr. Lloyd indicated he would bring that information
back to the Public Hearing.
R-1 Ms. McMillan responded that we do have a section in
the zoning ordinance that any new lighting cannot cause a
glare to any adjoining properties. In this case, the lighting is
already in existence. Mr. Lloyd commented that there is an
ongoing conversation with Mr. Sandifer regarding the lighting
issue.
The Town Manager indicated that the Planning Commission
will have their Public Hearing on February 7 1h and the matter
will be brought back to Council for their Public Hearing and
action on February
The Mayor called the regular meeting to order at 6:35 p.m. Roll C
The Town Clerk called the roll with Council Member Adams,
Council Member Altice, Council Member Hare, Vice Mayor
Nance, and Mayor Grose present.
Vice Mayor Nance made a motion that Council go into a
Closed Meeting pursuant to § 2.2-3711 A (1) of the 1950 Code
of Virginia, as amended, for discussion or consideration of
personnel matters relating to review of employment agreement
for the Chief of Police; the motion was seconded by Mr.
Adams and carried by the following vote, with all members
voting* Vote 5-0; Yeas (5) — Adams, Altice, Hare, Nance,
Grose; Nays (0) - None. Council went into Closed Meeting at
6:40 p.m.
At 6.55 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 Certification of Closed Meefin-
Mr. Adams, seconded by Mr. Altice and carried by the
following vote, with all members voting: Vote 5-0; Yeas (5) —
Adams, Altice, Hare, Nance, Grose; Nays (0) - None. After a
Moment of Silence, Mr, Altice led the Pledge of Allegiance to
the U.S. Flag
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members voting: Vote 5-0; Yeas (5) — Adams, Alfice, Hare, Approved minutes of Council in
Nance, Grose; Nays (0) - None. the Neighborhood meeting of
January 15, 2013, as amended
The next item on the agenda was a Public Hearing to
consider public comments regarding a $700,000 Community
Development and Block grant to revitalize the downtown
business district. Ryan Spitzer, Assistant to the Town
Manager, gave brief comments, This is the second of two
Public Hearings required for the Grant as we move through the
pre -bid contract phase. On Thursday he will be meeting with
Beverley Coleman, our representative from DHCD, to go over
the aspects of the pre -bid contract.
Mr. Spitzer also commented that the only item remaining to be
completed will be the approval from the Department of Historic
Resources. He did receive a request from them for historical
pictures of downtown, which he will be submitting. After we
hear back from them, we will be able to proceed with the Notice
of Request and Request for the Release of Funds for the
project. At that time it will come back to Council for approval of
the agreement with DHCD.
The Mayor then declared the Public Hearing open at 7:10 p.m.
Hearing no public comments, the Mayor closed the Public Public Hearing opened and
Hearing at 7:11 p.m. There were no further comments from closed
Council.
The next item on the agenda was to consider adoption of
an Ordinance amending Chapter 2, Administration, Article V,
Finance, Section 2-156 with regard to the fee charged for
checks that are returned for insufficient funds or because there
is no account. Barry Thompson, Finance Director/Treasurer
commented that the State Code allows $50 for the NSF fee.
The Finance Committee discussed the matter and is
recommending that we increase our fee from $35 to the $50.
The Bank charges the town $35 and the extra amount will help
to recoup the administrative costs. Mr, Altice made a motion
to adopt the Ordinance; the motion was seconded by Vice
Mayor Nance and carried by the following roll call vote, with all
members voting: Vote 5-0; Yeas (5) — Adams, Altice, Hare,
Adopted Ordinance No. 930
amending Chapter 2,
Administration, Article V,
Finance, Section 2-156 with
regard to the fee charged for
checks that are returned for
insufficient funds or because
there is no account
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i e next tem on fffe- agencla was to consider acloption ot a
Resolution allowing the Town Treasurer/Finance Director to
remove outstanding Personal Property delinquent taxes over
five years old from the active records to a permanent file. Mr.
Thompson made brief comments. The Mayor asked if the
Town is using a collection agency. The response was that the
Town had used a third party in the past, but they are not using
one now. This was a conscious decision by Council and staff
because of the tactics they traditionally use, Mr. Hare made a I
motion to adopt the Resolution; the motion was seconded by I
Vice Mayor Nance and carried by the following roll call vote,
with all members voting: Vote 5-0; Yeas (5) — Adams, Altice,
Hare, Nance, Grose; Nays (0) — None
The next item on the agenda was to consider adoption of a
Resolution allowing the Town Treasurer/Finance Director to
remove outstanding Water and Sewer delinquent bills over five
years old from the active records to a permanent file. Mr.
Thompson commented that we have not written off water and
sewer bills since 2002. This will write off bills from 2002-2007
in the total amount of $21,660.97. He stated that we will do
this annually in the future just like the personal property
delinquent taxes. Mr. Hare commented about the quality of
the percentage of delinquent bills is for each year. Vice
Mayor Nance made a motion to adopt the Resolution; the
motion was seconded by Mr. Adams and carried by the
following roll call vote, with all members voting: Vote 5-0; Yeas
(5) — Adams, Altice, Hare, Nance, Grose; Nays (0) — None
The Mayor then recognized Nick Leslie, Ryan Prillaman
and Greg Leslie, Assistant Scout Manager, of Boy Scout
Troop 235. Mr. Leslie mentioned that they are working on
their communications and citizenship badges.
The next item on the agenda was a briefing on
water/sewer bond issuance options for water/sewer
infrastructure projects. The Town Manager commented that
there are two options for the issuance of bonds in the amount
of $1.5 million and Council needs to consider if an additional
amount should be added to the bond for some additional
projects.
Adopted Resolution No. 2004
allowing the Town Treasurer/
Finance Director to remove
outstanding Personal Property
'If j-i, a • �'- � " *e - t' -2, X, c—, 3 '�•#
old from the active records to a
permanent file
Adopted Resolution No. 2005
allowing the Town Treasurer/
Finance Director to remove
outstanding Water and Sewer
delinquent bills over five years
old from the active records to a
permanent file
101
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The own Manager stated that the Authority is un #ns nt
order to do this project. The Authority owns the i «n t e
City of Salem, Botetourt County and the Tow r t jr
parties to the project and our fair share is measured by a
meter. Roanoke City and Roanoke County are rate payers,
so their portion is paid through their customers. The Town is
not a rate payer. We are a partner, so we have to pay the bill
when it is due.
The Authority is taking on all the debt for another project in
2015 which is the actual interceptor line. Our annual
payment to them will cover our part of this project and there
will be an increase. As a Town we own 5.5% of the operating
capacity of the plant, but do not have any ownership in the
plant.
Mr. Thompson then commented on the $500,000 bridge loan
on the Glade -Tinker Creek Wastewater Interceptor
Replacement -Phase 2 Project, This is an 18-month loan and
we want to include this amount in the bond for the Authority
project.
The Town Manager stated that the third part of the briefing
relates to identifying some other projects and discussing the
value of adding some additional funds to the bond. Gary
Woodson, Public Works Director, identified four projects for
consideration. They are Jefferson Avenue, a water utility
u
some water; some stormwater improvements within the
Downtown perimeter; and the Garthright Memorial Bridge.
The Jefferson Avenue project has been divided into three
phases, Phase 1 being $248,000; Phase 2 being $100,000
and Phase 3 being $400,000. This project would affect about
100 residential units and 10-non-residential use properties
and would improve fire flow to this area. Vice Mayor Nance
asked how would you classify the degree of need for this
project. Mr. Woodson responded that it would depend on the
direction that Council wants to go, for instance, if their focus
wants to be economic development.
The Virginia/Walnut project consists of sewer line and
manhole replacements and various water system
improvements. About 14 residential properties would be
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affected and 14 non-residential use properties. A study has
not been done to figure costs for this project.
The stormwater improvements in the downtown area near the
Municipal Building have projected costs from several years
ago of $50,000 for engineering study; $946,593 for the
downtown -south end-, and $535,600 for the downtown -north
end. Questions were asked about proceeding with
stormwater improvements before we have the final
regulations and the response from the Town Manager was
that even though we currently have a good idea what the
regulations will be, because of ongoing legislation, he would
not recommend doing a stormwater project at this time.
During the recent bi-annual inspection, the report noted that i
the Garthright Memorial Bridge was due for maintenance.
An estimate of costs for this project would be in the
neighborhood of $140-160,000.
Another item is the 3d Street wastewater lift station which has
a projected cost of up to $1 million. Mr. Woodson indicated
they are putting in the CIP for the FY2014 budget year the
cost for purchasing a generator for the station. Another item
is the main corridors and a study for water demands and fire
suppression for those areas. Also, Virginia Avenue and
Mountain View have some sections that need to cut down to
the sub -base to stabilize the road. Other items that have
been discussed in the Highway Safety Commission are the
Glade -Virginia intersection, the Vinyard traffic light and
Preston Road.
Vice Mayor Nance asked if any of these would be classifie
as crisis projects. Mr. Woodson responded that there are
lot of other areas that need repair that he did not mentio
today. He thinks that anything that would impact th
downtown area would be important for economi
development.
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The Mayor commented that Jefferson Avenue project woul
require more than $500,000 to do the entire project. Th
Town Manager indicated that it could be done in sections
Vice Mayor Nance said it would be great to do the sectio
that would enhance the new library site.
The Town Manager summarized by saying that we know w
have $1 .5 million in obligations to pay and the question is d
we want to add some more to the bond to cover som
2dditional projects, A $2 million bond would requir
approximately a 9.88% increase in the wastewater rates. I
would be less if we only did the $1 .5 million or if we decided
to use some cash. I
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The Mayor expressed thanks to staff for their quick an
professional response during the last storm event. He als
congratulated the Volunteer First Aid Crew on their recen
EMS training which had over 50 in attendance. 11
Mr. Hare made comments regarding the Finance
Committee meeting. He indicated they are still working with
Kevin regarding the War Memorial. He then commented on
the December 2012 financial report. We are at 118% of
where we should be for revenues and at 85% for
expenditures. In comparison to this same time last year,
total revenues (generaf and utility funds) were a little over $4
million. This year we are at $4.8 million. Last year cash in
the bank was $1.6 million and this year it is $3.1 million.
Mr. Hare commented that the Finance Committee will begin
reviewing the War Memorial on a quarterly basis rather than
monthly. Mr. Kipp is providing more options and more
flexibility. He has found the middle ground where he is
contracting with a local caterer but the service is coming
through the War Memorial. The main caterer that has shown
the most interest is Teaberry's and it allows Mr. Kipp t*
control the product so it is of good quality and well represents
the War Memorial. The Town Manager commented on
charging the Town for its use of the War Memorial. This will
be evaluated during the budget process to establish the best
way to account for these costs.
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Vice Mayor Nance made a motion that the Financial Report
for December 2012 be accepted, the motion was seconded
by Mr. Altice and carded by the following vote, with all
members voting- Vote 5-0; Yeas (5) — Adams, Altice, Hare,
Nance, Grose; Nays (0) — None.
Comments from Council Members: Vice Mayor Nance
expressed thanks to Public Works for the quick repair on
Mountain View. He mentioned that Council will be hearing
recommendations in the near future regarding the branding of
the War Memorial and he asked Council to consider what
recommendations are made and that the purpose is to
market the building, not to change why it was built and who it
was built in honor of. Mr. Adams expressed appreciation to
Public Works as well during the storm event and with the
Accepted Financial Report for
December 2012
The Town Manager reminded Council that we are entering
the budget process and will be looking at scheduling a day
and a half work session.
Mr. Hare made a motion that the regular meeting be
adjourned, the motion was seconded by Mr. Adams and
carried by the following vote, with all members voting: Vote 5-
0; Yeas (5) — Adams, Altice, Hare, Nance, Grose; Nays (0) —
None. The regular meeting was adjourned at 9:11 p.m.
Mr. Thompson answered the Mayor's question regarding th
debt per capita. In the general fund is $332 per capita. Tota
debt which includes general and revenue bonds is $1,345 pe
capita. Ir
APP-4ROVED:
Bradley rose, r
A17E'ZTf.
-
Susan N. Johnson, own Clerk
Of
I 1 I I 1 9
11114"1" -
101HOLN1 MUNIN11
IN is Nil AM 110KII ATimm"MrA
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 fi-orn 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 Adams and seconded by Council Member Altice, with all in
favor.
er1k of Council