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HomeMy WebLinkAbout2/25/2019 - Regular MINUTES OF A SPECIAL CALLED WORK SESSION OF VINTON TOWN COUNCIL HELD AT 5:30 P.M. ON MONDAY, FFSRt IIARY 25, 2019, IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET„ VINTON, VIRGINIA MEMBERS PRESENT: Bradley F. Grose, Mayor Keith N. Liles, Vice Mayor Sabrina McCarty Janet Scheid Michael t1 . Stovall STAFF PRESENT: Barry W. Thompson; Town Manager Susan N. Johnson, executive Assistant/Town Clerk Susan Waddell, Town Attorney Joey Hiner, Public Works Director The Mayor called the work session to order at 5:30 p.m. The agenda item for the work session was further briefing on proposed Ordinance to repeal Article 1, In General, and Article 11, Recycling, of Chapter 78, Solid Waste, in its entirety by adopting and enacting Article 1, In General; Article 11, Recycling and Article; III, Penalties of Chapter 78, Solid Waste,of the Town Code-. The Town Manager began by commenting that Council took under advisement the public comments that were made at the Public Hering on Tuesday, February 19#h. Several of the comments related to the SouthamptonTownhomes and Dillon Woods Townhomes and staff` has been working with both of those areas. Two additional property owners also made comments, one being the owner of the Maplewood Apartments on Augusta Avenue and one being the owner of three separate apartment complexes. Also, comments were received from the owner of a business complex on Virginia Avenue, The Public Works Committee {absent Council Member McCarty met on Thursday, February 21st and began the meeting by taking:a tour of the properties in question. Following the tour, the Committee met and discussed several options to try and address the issues of the properties in question. Can Friday, February 22 , he along with Joey Hiner and the Town Clerk had a conference call with Susan Waddell, the Town Attorney, to discuss the properties in question. The Town Attorney has recommended certain revisions to Section 78-5 in the proposed Ordinance. He then turned the meeting over to the Town Attorney. The Town Attorney first commented that she has created a new Subsection Private Refuse Collection Service Required in Section 7 -5, which incorporates Items 3 and (4) that were duplicated in Subsections a and (b). This will streamline the Ordinance and make it easier for someone to find that portion of the Code: With regard to the properties in question, we are proposing a three-fold approach. For properties that are new construction after the effective of the new Ordinance the original rule would apply that the Town would provide refuse collection services if there are no more than four t4 units in a building or no more three 3 town-issued refuse carts: The Town .Attorney next commented that by grandfathering in all of the apartment houses, condominiums, complexes, commercial properties, businesses and buildings that are not currently using private service and allow nine 9) units and four t4 cans. That would resolve the issues for all of the apartments and the trailer park as long as those properties could get all of their refuse in four of the large town-issued cans.. If they are going to need more than the 3 four large cans, they would have to use a private refuse service. From the comments we received it appears that would be adequate to meet those needs and cover all of those properties, The proposed Subsection (c)(3)(iii) would be for the existing individually owned townhomes and condominiums with a homeowners associations. This would allow the Dillon Woods and Southampton townhomes to be excluded from the provisions of section 78-5 (c) (1) and (2). They will continue to receive town refuse service, but will have special accommodations. However, if a situation arises that we cannot service them for whatever reason, we could require them to have private refuse service and Subsection (3)gives the town this discretion. The Town Manager commented that also in Subsection (c)(2)(ii) any modifications to the property would include or not be limited to enlargement. If they created additional units, they would lose their grandiathered status. The Town Attorney further commented that property owners could petition the Director of Public Works for a determination in writing of whether any modification that they propose would eliminate their grandfathering status. If they are not satisfied with the determination, they can appeal to the Town Manager, The Mayor asked if someone comes in to get a building permit would there be some information to give them concerning the new Ordinance. The Town Manager commented that every property owner that will be affected by these changes in the Ordinance will be sent a letter. Council Member Scheid asked if there was a way to flag these properties in GIS and the Town Manager responded that he would check to see if that could be done, The Town Attorney suggested that when a new building permit is issued, a copy of this subsection can be provided so the property owner is made aware of the new Ordinance. The Town Manager commented that the Utility System will track those property owners that are renting additional cans. With regard to Southampton, the Town Manager commented that we have three different sizes of carts, a 96, 64 and 48-gallon and staff will be working with the individual townhome owners. Staff will also work with the HA to determine the best location to collect the carts on refuse day. Since it will still require the truck to go on private property, the Town Attorney will prepare a hold harmless agreement to be signed by the Town and the HOA for both Southampton and Dillon Woods. Council Member Scheid commented that she wanted to make sure that everyone understood that for the properties that we are going to allow to have up to four cans that they will get the first can free and will have to pay for the other three or four, The Town Manager further clarified that this would apply to anyone who wants more than one can that they will pay the $5.00 monthly rental for the extra cans. Vice Mayor Liles asked about the churches and the Town Manager responded they would be treated as commercial businesses. Council Member Scheid next commented that the recommended revisions to Section 78-5 should go a long way to alleviate some of the concerns that were expressed at the Public Hearing, However, using Mr. Hawley as an example, who owns the L-shaped shopping center on Virginia Avenue, there will still be a change for him. Currently he has eight businesses in that shopping center and his cans are kept in a corral and accessed from the back alley. Now, he is going to remove those cans from that corral and pull them to the right- of-way to be picked up there. Council Member Stovall asked about the apartments on Vinyard. The Town Manager commented that those cans are in a corral which is already on the right-of-way. There are eight 64-gallon cans and the crew has been pulling the trash bags out of the cans, but we will not continue to do that. The 9 -gallon cans will have to be able to be pulled to the truck and placed on the flippers so they can be dumped. 2 Vice Mayor Liles next asked about the duplexes off of Hardy Road and the Town Manager responded that those duplexes on South Preston are on a private road. They will be given four carts for those units which will be brought down to Hardy Road. Vice Mayor Liles next commented that we are going to give him four cans for three duplexes while each duplex on Ruddell Road will get three cans. There was further discussion regarding the number of units on a parcel and the definition of parcel in the Ordinance, Mr. Hiner commented that it was his understanding that more than four dwelling units becomes commercial property, The Town Attorney commented that commercial property needs to be defined in the definition section and she would also include the definition of Townhomes and condominiums. Vice Mayor Liles further commented if Mr. Leonard wanted to subdivide that property into different parcels, then he could do that and it would be individual duplexes. Council Member Scheid commented that he does not have public road frontage and Mr. Hiner commented that it would have to meet the current zoning ordinance. The Mayor asked if the Ordinance is passed with the recommended changes, will those individual property owners be notified. The Town Manager responded they would be. The Town Manager next commented on the letters that were originally sent out to 35 property owners and that a total of 12 calls had been received with various questions and concerns, which can be shared with Council. Mr. Hiner commented that of those 35 letters, 20 related to the issue of exceeding four units and the others related to private driveways and parking lots. The Town Manager responded the first letters were mailed on January 31st and an additional five were mailed out on January 8th. Council Member Scheid next commented that people were given adequate public notification of the proposed changes. With regard to the property on Ruddell Road that was overlooked, Mr. Hiner commented that a letter was sent out after the Public Hearing to the property owner. The Town Manager commented that property was overlooked because on CIS it only shows four addresses. The Mayor asked if we would continue to pick up in alleys. Mr. Hiner responded there will be a couple of alleys that will no longer be served because of the topography and those individuals will be contacted to let them know they will have to bring the carts to the front. Vice Mayor Liles made a motion to adjourn the meeting; the motion was seconded by Council Member McCarty and carried by the following vote, with all members voting: Vote 5-0; Yeas (5)— McCarty, Scheid, Stovall, Liles, Grose; Nays (0)— None. The meeting was adjourned at 6:20 p.m. APPROVED: /17 Bradley E. Grose, Mayor A EST: Susan N. Johnson, C,Town Clerk