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HomeMy WebLinkAbout6/15/2010 - RegularMINUTES OF A REGULAR MEETING OF VINTON TOWN COUNCIL HELD AT 7:00 P.M. ON TUESDAY, JUNE 15, 2010, IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA. MEMBERS PRESENT: Bradley E. Grose, Mayor Robert R. Altice Carolyn D. Fidler Matthew S. Hare MEMBERS ABSENT William W. Nance STAFF PRESENT: Chris Lawrence, Town Manager Darleen Bailey, Town Clerk Elizabeth Dillon, Town Attorney Barry Thompson, Finance Director/Treasurer Mary Beth Layman, Special Programs Director Herbert Cooley, Police Chief Ben Cook, Police Captain Karla Turman, Associate Planner Joey Hiner, Asst. Public Works Director Craig Sheets, Emergency Services Coordinator Agenda 6:30 P.M. – Reception to Recognize Town’s Communication Officers A. 7:00 P.M. – Roll Call and Establishment of a Quorum B. INVOCATION C. PLEDGE OF ALLEGIANCE TO THE U. S. FLAG D. CONSENT AGENDA 1. Request to Approve Minutes for Work Session of February 23, 2010 and Regular Meeting of May 4, 2010 2. Request to Approve Recorder Playback Grant – Resolution No.1873 3. Request to Adopt Emergency Operations Plan – Resolution No. 1874 E. AWARDS, RECOGNITIONS, PRESENTATIONS 1. Adopt Resolutions Recognizing Town of Vinton Communication Officers – Resolution Nos. 1875 - 1881 2. Recognition of Police Officer of the Month for May, 2010 – Keith Dalton F. CITIZENS’ COMMENTS AND PETITIONS G. PUBLIC HEARING 1. Proposed Amendments to the Town of Vinton Zoning Ordinance, Article V, Supplementary Regulations, Division 3, Section 5-5,Exceptions to Yard Requirements and Section 5-11, Visibility at Intersections, relating to the placement and height of fences, walls, arbors and trellises within Residential Districts – Action on Proposed Ordinance No. 902 is Scheduled for July 6 Meeting H. TOWN ATTORNEY I. TOWN MANAGER 2 1. Request to Approve Change of Use Grant Proposal 2. Authorization to pick-up Employee’s Contribution to VRS Under § 414 (h) of the Internal Revenue Code for Plan 2 Employees – Resolution No. 1882 J. MAYOR K. COUNCIL L. ADJOURNMENT WORK SESSION 1. Spruce Street/Old Virginia Avenue Citizen Request 2. Farmers Market Business Plan 3. Mutual Aid Agreement with Rocky Mount for Accounting System Mayor Grose called the regular meeting to order at 7:00 p.m. Following roll call, the Mayor gave the invocation and Councilman Altice led the Pledge of Allegiance to the U.S. Flag. Roll call, invocation and Pledge of Alle- giance to U.S. Flag. The consent agenda was approved on a motion by Ms. Fidler and seconded by Mr. Hare. The motion passed with all in favor Approved consent agenda Mr. Hare to read a letter from Police Chief Herb Cooley recognizing Keith Dalton as Police Officer of the Month for May. Ms. Fidler moved to adopt proposed Resolutions Nos. 1875 through 1881 recognizing the Town of Vinton Communications employees who were moving to Roanoke County’s Communications Department due to the merger of the two agencies. The motion was seconded by Mr. Altice and passed unanimously on a roll call vote by the four members present. The employees that were recognized were Craig Sheets, Wayne Guffey, Charles Ferguson, Ashley Sizemore, Rachel Jones, Erica Lloyd and Carrie Eakin. Chief Cooley commented that Dispatchers are the unsung heroes of law enforcement and are the lifeline between the public and public safety. He stated that they would be missed by everyone at the Town, and thanked them for their efforts over the time they have spent with the Vinton Police Department. Mayor Grose presented copies of the adopted resolutions to each of the Communications Officers and Chief Cooley presented them with a plaque. Adopted Resolutions Nos. 1875 – 1881 recognizing each of the Town’s Communications Officers. Mayor Grose opened the public hearing at 7:16 p.m. to receive comments and questions on proposed amendments to the Town’s Zoning Ordinance regarding fencing regulations. Ms. McMillan reported that Ms. Turman had provided Council with a summary of the proposed amendments at the June 1, 2010 work session. Public Hearing on proposed fencing ordinance amendments 3 Ms. McMillan explained that under the current ordinance, four-foot fencing is allowed from the front property line up to the corner of the residence and from that point back, a 6-foot fence is allowed if the house has a 25 foot setback. She went on to say that under the new ordinance, no fencing would be allowed within the first five feet of the property line and could be no higher than four feet in height from the five foot setback to the front of the building line. She noted that staff had worked on the proposed amendment for several months and had held several work sessions during the process. She stated that her office had several discussions with a fencing contractor, Mr. Eric Pedigo, in the development of the proposed amendments. Ms McMillan advised that the proposed amendment also requires that a property owner would have to obtain a permit before installing a new fence. She explained that the amended ordinance is being considered due to the large number of complaints received regarding fences. Mr. Altice stated he agreed with the height requirement as it was a safety requirement but that he did have a problem with the five-foot setback. Mr. Lawrence questioned why the Planning Commission recommended the five-foot setback, and Ms. McMillan responded that it was mainly for site visibility issues but also for aesthetic reasons, especially in subdivisions. Ms. Fidler pointed out that many people in Town do not live in a subdivision, they live in neighborhoods where houses are very close together with small lots. She was concerned that the five-foot setback would leave a small strip of land outside the fence that would have to be maintained if side by side neighbors both wanted to put up a fence. Mr. Hare questioned how this setback would affect a corner lot and Ms. McMillan replied that for corner lots, the setback was 15 feet on the both street sides. Ms. McMillan asked the Town Attorney if a setback that was already in place would apply to the property or would it apply just to the house. Ms. Dillon replied that it would depend on the language regarding the variance itself. Mayor Grose closed the public hearing at 7:29 p.m. and noted that Council would not be voting on the issue at this time. Mr. Hare asked staff how the Town would get this information out to the citizens in advance of their vote. The Mayor commented that he felt extraordinary efforts needed to be made to get this information 4 out to the Town’s citizens. Ms. Fidler stated that she understood the five-foot setback for corner lots but questioned this requirement for interior lots. Mr. Lawrence advised that the issue would be presented to Council at their July 6th meeting if Council is ready to make a decision at that time. Following a discussion on how to get the proposed fencing ordinance information out to the public, Mr. Lawrence commented that although no citizen spoke on the issue during this public hearing, several people were in attendance and did speak up at the Planning Commission’s deliberations. Ms. Caudill reported on a 50/50 Town of Vinton/Roanoke County change of use incentive grant program proposal. She referred to concerns that business people, staff and citizens had regarding change of use requirements and the fact that there is currently no local program available to assist individuals when they confront issues that evolve during a change in use conversion. Ms. Caudill stated that she presented the issue at the Roanoke County Economic Development Authority meeting this month and they had been very supportive. She noted that the program would offer a grant equal to 30 percent of eligible “change in use” renovation costs with a minimum investment of $10,000 in total facility upgrades. Ms. Caudill reported that the maximum eligible grant would be $5,000.00 and would not be tied to the establishment of a business at the property. She advised that funds have been allocated in the Town’s FY 2010/2011 budget. Ms. Caudill went on to say she would be the point of contact for the town and Melinda Cox would be the point of contact for Roanoke County. She stated that they would be meeting with the Roanoke County Planning Department and the Roanoke County EDA to develop an application for the program. Ms. Caudill advised that Ms. Cox would be responsible for ensuring that the application meets all eligibility criteria for the EDA . It was explained that the grant will work in much the same way as the Façade grant works. She anticipated from one to three conversion applications per year and at the allowable amount, could probably fund two conversions per year. Ms. Caudill advised that when the work is completed by the applicant, and they have received their certificate of occupancy, the business owner will be eligible to receive the grant funds whether or not they Report on Change of Use Incentive Grant Program 5 have opened their business. Ms. Fidler asked if Council would be willing to provide additional funds if an application comes in and the money for the program has been exhausted. Mr. Lawrence replied that if that occurs, staff will bring the issue to Council to determine if they wish to spend the additional funds. Mr. Altice questioned whether Roanoke County would be providing funds for Town of Vinton projects and was advised by Mr. Lawrence that the County would provide 50% of the funds for each project and the Town would provide the other 50%. Mr. Lawrence reported that one goals was to create a program that would be beneficial but not have so much “red tape” that it would be difficult to navigate. Mayor Grose stated he was very excited about the program and felt that it showed the Town is making an effort to help those potential business owners who wish to convert residential structures to a business use. Mr. Altice moved to approve the Change of Use Incentive Program Guidelines. The motion was seconded by Mr. Hare and passed unanimously on a roll call vote. Ms. Caudill reported that Town staff and Roanoke County staff met and are all working to make the development process more efficient and more streamlined. She further reported that she had put together a packet of information to be given to anyone who is interested in either developing a property or starting a business. She stated she would be acting as a coordinator for those interested parties who may come into the office and Ms. McMillan would be coordinating the planning part of the projects. She advised that the Change of Use Incentive Program would begin on July 1st. Ms. Caudill pointed out several initiatives that will make the entire process less difficult to navigate. She also pointed out that Roanoke County and Town of Vinton staff will have a designated time on Thursday mornings for those in the development process to come in and speak with everyone at once to ensure that the prospective developer or business person would receive the same information from everyone involved. Ms. Caudill advised that she would be visiting some of the major developers to explain how the new process will work. Mayor Grose thanked Ms. Caudill and everyone concerned who has 6 worked on the Change of Use Incentive Grant Program. Beth Austin reported that the Virginia General Assembly passed legislation during its 2010 session creating a separate retirement plan for employees hired on or after July 1, 2010. (Plan B employees). She further reported that VRS is requiring that localities adopt a resolution by June 30th stating that they will continue to pick up those costs for new employees. She went on to say that the legislation gives employers the opportunity to pick up from 0 to 5% of the employee’s VRS contribution. Ms. Austin stated that after consulting with staff and other localities in the area, it was her recommendation that the Town pick up the 5%. She noted that this decision will be evaluated each year and could be changed, if necessary. Ms. Fidler inquired as to what the cost would be for the Town and was advised that the Treasurer/Finance Director would have to check the figures and get back to her with that information. Mr. Altice moved to adopt proposed Resolution No. 1882 authorizing the Town to pick up new employees VRS contributions. The motion was seconded by Ms. Fidler and passed unanimously on a roll call vote. Mr. Hare stated that he felt that Council might have to take another look at this issue in the future since taxpayers would be funding 100% of retirement when they do not get this benefit themselves. Adopted Resolution No. 1882 electing to continue to pick up 100% of VRS costs for new employees Mayor Grose advised that, in the near future, he would like to review the planning session that Council had with Ms. St. Clair regarding Town goals. He felt that this would be especially valuable for the new Council member, Mr. Hare. The Mayor asked for comments from Council members on a request that he had received from one of the Town’s leading citizens to consider changing the start time of the regular council meetings from 7:00 p.m. to 6:00 p.m. He stated that the citizen felt that Council would have better attendance at their meetings if they started a little earlier in the evening, particularly during the winter months. Ms. Caudill commented that she had also received this request. Mayor Grose suggested trying it on a temporary basis. He asked staff to discuss the issue at their staff meeting to see how the time change would affect them. Mr. Hare thanked Ms. Caudill for contacting a business regarding a legal contract. He also thanked the Town Manager and staff for the work done on the Augusta Avenue issue. Mr. Lawrence stated that 7 when the speed trailer is placed on Augusta after it is repaired, it will collect information on the number of vehicles traveling on the road and the speed in which they are traveling. Ms. Fidler reported that the Explore Consortium would meet again on Friday, June 25th to continue planning strategies for the Park since Mr. Vander Maten’s contract had expired. Mr. Lawrence stated that he had received a press release from Debbie Pitts confirming that Explore no longer has a contract with Mr. Vander Maten to develop the Explore Park. Mayor Grose adjourned the regular meeting at 8:15 p.m. WORK SESSION 1. To avoid the appearance of a conflict of interest, Mayor Grose stated that he would not participate in a discussion regarding a request to vacate a portion of Spruce Street. Ms. Caudill reported that Mr. Tony Montuori approached staff a couple of months ago with a request to reopen Old Virginia Avenue or to close Spruce Street. She further reported that Mr. Montouri was considering the purchase of the old Tires for Less property for development at a later date. Following a discussion of the two options, Ms. Caudill stated that Mr. Montuori had advised her that he did not have any specific plans for the property and would probably not begin development of the site for another three to five years. During discussion of the issue, Ms. Caudill pointed out that any traffic study needed to close Spruce Street or to open the Old Virginia Avenue, would have to be at Mr. Montuori’s cost as well as costs for a public hearing if required. She pointed out that Lieutenant Vault had indicated that he had safety concerns with reopening Virginia Avenue and felt that if Spruce Street is closed, it could possibly shift additional traffic to surrounding neighborhood streets. Ms. Caudill reported that Mr. Montuori does have an option on the property and is working within a specific time frame. She explained that staff needs to have a sense of whether Council is willing to entertain Mr. Montuori’s request to vacate Spruce Street. Ms. Caudill advised that the Town’s Planning Director has suggested that the Town hold a community meeting in lieu of a public hearing to obtain public input on Mr. Montuori’s request before traffic studies are completed. Ms. Fidler asked staff to begin assembling information needed to move forward with the request to vacate Spruce Street. Ms. Caudill replied that staff will put together information for a community meeting and would have a preliminary discussion with engineers to get a cost estimate for the traffic engineering study. She went on to say that she should then have a pending contract ready for Mr. Montuori, if he decides to move forward with his request. 2. Farmers Market Business Plan The Town Manager introduced Jesse Schmale, an intern who is working with the Town this summer, to develop a business plan for the Farmers Market. He explained that it is important that Ms. Schmale gets Council’s perspective and feedback for this plan. 8 Ms. Schmale asked for insight from Council to sharpen the focus of her business plan in order to make it specific and relevant to the community and to identify Council’s priorities. During her report, Ms. Schmale asked Council to discuss what they believed to be the strengths of the market and some of its weaknesses. They were also asked to discuss opportunities for the Market and the potential challenges for the Market as well as long-term goals After Ms. Schmale read what she felt would be an appropriate mission statement for the market, Mayor Grose questioned whether the mission should be to provide a venue for entertainment events or for economic development purposes. Mary Beth Layman briefly reported on donations she had received to publicize the Market and how she planned to use the funds to accomplish this task. 3. Mutual Aid Agreement with Rocky Mount for Accounting System Mr. Thompson reported that the Town of Rocky Mount has the same accounting system and software that the Town uses. He asked that Council consider moving forward with developing a mutual aid agreement with Rocky Mount that would allow either locality to use the other’s accounting system and software in an emergency situation if a disaster should occur at either locality. He noted that this agreement would be one step toward a disaster recovery plan. He asked for and received a consensus from Council for staff to go ahead with developing the mutual aid agreement with Rocky Mount. The work session adjourned at 10:00 p.m. APPROVED: Bradley E. Grose, Mayor ATTEST: Darleen R. Bailey, Town Clerk