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HomeMy WebLinkAbout11/5/2019 - Regular MINUTES OF A REGULAR MEETING OF VINTON TOWN COUNCIL HELD AT 7:00 P.M. ON TUESDAY, NOVEMBER 5, 2019, IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET,VINTON,VIRGINIA MEMBERS PRESENT: Bradley E. Grose, Mayor Keith N. Liles, Vice Mayor Sabrina McCarty Janet Scheid Michael W. Stovall STAFF PRESENT: Barry W. Thompson, Town Manager Susan N. Johnson, Executive Assistant/Town Clerk Mike Lockaby, Town Attorney Pete Peters, Assistant Town Manager/Director of Economic Development Anne Cantrell, Finance Director/Treasurer Tom Foster, Police Chief Anita McMillan, Planning & Zoning Director Joey Hiner, Public Works Director Nathan McClung, Principal Planner Chasity Barbour, Community Programs & Facilities Director The Mayor called the regular meeting to order at 7:00 p.m. The Town Clerk called the roll with, Council Member Scheid, Council Member McCarty, Council Member Stovall, Vice Mayor Liles and Mayor Grose present. Roll call After a Moment of Silence, Angie Chewning led the Pledge of Allegiance to the U.S. Flag. Under upcoming community events, Council Member McCarty announced the following: November 6 — 8:00 a.m. — Grand-Reopening/Ribbon Cutting - Vinton Kroger; November 15-7:30 p.m.-Virginia Tech Hockey vs South Carolina — Lancerlot; November 15 through December 1 — The Bargain - Star City Playhouse; December 5 - 6:00 p.m. — Downtown Tree Lighting followed by the Christmas Parade at 7:00 p.m.; December 5 — Vinton Breakfast Lions Club Spaghetti Dinner—VFW and December 12—6:00-9:00 p.m. - Town of Vinton Night at Illuminights — Explore Park. Council Member McCarty also commented on the success of the Downtown Trick or Treating. Under requests to postpone, add to or change the order of Agenda items, the Town Manager requested to add a new Section N, Closed Session, Item 1, Request to Convene in Closed Meeting, Pursuant Section 2.2-3711 (A)(3) of the Code of Virginia, 1950, as amended, for the purpose or consideration of real property for a public purpose, or of the disposition of publicly held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the Town, specifically relating to a unitary sewer easement on the Methodist Church property, a new Section O, Reconvene and Adopt Certification of Closed Meeting and for the current Section N to become Section P, Adjournment. Council approved the request. Chief Foster made comments relative to Election Day and then read a quote from Robert Kennedy, "Elections remind us not only of the rights but the responsibilities of citizenship in a democracy". He also read a quote that hung in the Old Montgomery Courthouse in Christiansburg, Virginia, "Freedom requires responsibility" Council Member Stovall made a motion to approve Approved minutes of Regular Council the Consent Agenda as presented; the motion was meeting of October 15, 2019; adopted seconded by Vice Mayor Liles and carried by the Resolution No. 2324 appropriating following vote;with all members voting: Vote 5-0;Yeas funds in the amount of$334.40 for the (5) — McCarty, Scheid, Stovall, Liles, Grose; Nays (0) receipt of an insurance claim made on None. a Town Vehicle involved in an accident Under awards, introductions, presentations, Justin Davison reviewed a PowerPoint presentation on the 1 st quarter report of the Vinton Area Chamber of Commerce, which was a part of the agenda package and is on file in the Town Clerk's Office as a part of the permanent record. After the presentation, Mr. Davison recognized Angie Chewning, the Executive Director, Kathryn Sowers, Executive Assistant and Beth Abbott, a Board Member. The next item on the agenda'was a briefing on the regulations and/or policy pertaining to small cell facilities, franchise agreements for small cell facilities, zoning and site plan requirements pertaining to wireless telecommunication facilities and public right- of-way user fees. Mike Lockaby, Town Attorney, reviewed a PowerPoint presentation; which was a part of the agenda package and is on file in the Town Clerk's Office as a part of the permanent record; Council Member Scheid asked for a more technical definition of small cell facilities and could it be a stand- alone. The Town Attorney responded that generally speaking a small cell is going to be no taller than 50 feet high and cannot increase the height of any building by more than ten percent(10%). The average telephone pole is 38 feet. It can have an equipment cabinet which is no more than 28 cubic feet in volume, but does not include the electrical meter, wires down 2 the pole and auxiliary power sources, if any. An antenna can be no more than four feet high and no more than a certain volume. The definitions under Virginia law and Federal law are different, but Federal law definitions are going to control in general. The Town Attorney next commented that Cox Communications has requested a franchise to use the Town's rights-of-way, which has triggered a series of things that we have to do. The first is to respond to their request for a franchise, but to also review our current ordinances and get them up to date on a pretty quick turnaround. We are required by the FCC to first deal with the issue of the franchise for the public rights- of-way for the small cell facilities and then to address pole attachments to Town property in the rights-of- way. Also,we need to put into place an administrative process that complies with the latest FCC and Virginia General Assembly legislation on how to handle the permitting of small cells as far as zoning goes, which is the tool we have to try and make sure they are not too tremendously ugly. Council Member Scheid asked if they would be allowed on other Town facilities such as the Municipal Building or the Craig Center. The Town Attorney responded you do not have to allow them on buildings that are not in the public rights-of-way. The FCC requires that you let them locate on your facilities that are in the public rights-of-way, which are basically light poles and traffic lights. With regard to being a non- exclusive franchise, the Town Attorney next commented that with these franchises, the FCC has the idea that by allowing everyone in their competition will keep the prices down rather than being rate regulated like you have with electric utilities or telephone companies. One way to exclude areas of the downtown would be to adopt a historic district, which is written into Federal law and it has to comply with the National Historic Preservation Act. The Town Attorney next commented on the slide showing the staff recommendations. If we have the opening of the bids on December 3rd,then we can have the franchise agreements negotiated and ready for Council to take action in January of 2020 along with the adoption of the Ordinances. We are under a timeline with both the FCC and the General Assembly legislation to get the franchises underway. The request from Cox was in June at which time they were informed that it had been forwarded to the Town Attorney for review. We have 180 days from the initial submission. 3 The Town Attorney next commented that the vote tonight would be for the advertisement. He would also like to have Council's consensus with staff time being put into getting all of these Ordinances ready so when it does hit crunch time we are ready to go. There was further discussion about the timeline to get our Ordinances completed and adopted and what rules and regulations Council would like to be included in them. The Town Attorney commented that perhaps Council would want them to go on Town buildings. The rights-of-way rules are very specific, but it can be written into the same agreement to allow them on top of town-owned buildings. The General Assembly has written a formula for setting the lease fees for those. The Town Attorney further commented that once Council has awarded a franchise, it would be good for 10 years plus three (3) five-year renewals fora total of 25 years. There will probably be a lot of activity in the first six months and some will want to get a franchise, but will not actually build anything for a couple of years. Council Member Scheid made a motion to authorize the advertisement for bids for the small cell franchises; the motion was seconded by Council Member McCarty and carried by the following roll call vote, with all members voting: Vote 5-0; Yeas (5) — McCarty, Authorized the advertisement for bids Scheid, Stovall, Liles, Grose; Nays (0) —None. for the small cell franchises The next item on the agenda was a briefing on the request to vacate a portion of a Public Utility Easement on 410 South Pollard Street and 119 East Cleveland Avenue. Nathan McClung commented that this easement is a remnant of what previously was Sycamore Street. When the Street was vacated it was transitioned into a public utility easement. The vacation request is to allow for the future development or redevelopment of the property. The present location of the easement on each side of the property line would not allow any reasonable development. The existing building is built right on top of the 15-foot easement. Verizon, Cox, AEP and Roanoke Gas have all been contacted and none of them have any problems with the Town closing that portion and have no utilities within the easement. A % inch water line still remains in the easement, but the Public Works Department will remove it once the easement is vacated. An official survey will be furnished at the next Council meeting. The next item on the agenda was a briefing on the proposed Performance Agreement with Vinyard Station LLC and the Roanoke County Economic Development Authority (EDA)to encourage the redevelopment of the former Minton Motors into a mixed-use development to be known as Vinyard Station; Pete Peters commented that the former Vinton Motors property has been an ongoing focus of Town staff for several years. The necessary agreements to move this project forward toward this redevelopment are substantially complete. Mr. Peters next reviewed a PowerPoint presentation, which was a part of the agenda package and is on file in the Town Clerk's Office as a part of the permanent record. With regard to the Performance Agreement, Mr. Peters next commented the Agreement will help secure the acquisition and development of the centralized parking infrastructure needed to support the development and secure pedestrian access to connect the lot with the downtown area. The total private investment is anticipated to be just over'$2.7 million and will generate in excess of$130,000 annually net new revenues for the Town and Roanoke County. The Agreement includes an initial cash payment of $250,000 and an annual incentive payment of approximately$50,000 for a period of 10 years. The total incentive package is capped at $750,000 over the 10-year period and requires the developer to achieve various predetermined investment goals, construction deadlines and achieve and maintain an employment threshold. He must maintain ownership of the property. The Town be given fee simple ownership of the vacant lot that connects to Lee Street and the permanent pedestrian easement that will connect to Pollard Street. Mr. Peters next commented that the Roanoke County Economic Development Authority(EDA) will consider a request tomorrow morning to authorize the Performance Agreement subject to Council taking action at their November 19tn meeting. The Roanoke County Board of Supervisors will also be considering entering into a Memorandum of Understanding (MOU) with the Town tomorrow afternoon. The MOU provides that Roanoke County would provide funding assistance based on the net new revenues that the project generates and contribute those net new revenues back to the Town for a period of time to help offset the Town's contribution financially to the Performance Agreement. He will be making the presentation to the EDA tomorrow morning and Roanoke County staff will be presenting the MOU to their Board tomorrow afternoon. Council Member Scheid asked when Council would be given a copy of the MOU and Mr. Peters responded at the November 191n meeting. With regard to the time 5 period of the MOU, Mr. Peters commented it is anticipated that the MOU as being presented tomorrow will be a five-year funding commitment that Will equal approximately $200,000 towards the economic development incentive. That figure was derived based on Roanoke County's portion of the $750,000 and their percentage of the revenues gained, which was approximately one-third (1/3). In closing, Mr. Peters expressed appreciation to Dale Wilkinson for his patience and professionalism while working on this project and to Billy Vinyard, even though he recently passed, for his commitment toward this project. The next item on the agenda was to consider adoption of an Ordinance to revise Water and Wastewater Fees and Charges Schedule by an increase for FY2020 and an increase of 6.0 percent in the Service Charge and 8.0 percent in the Volumetric Rate for FY2021, FY2022, and FY2023, pursuant to authority granted by Virginia Code§§ 15.2-2111, 15.2-2119 and 15.2-2122,according to the Vinton Town Code, Chapter 24, Utilities, Section 94-22 Fees and charges for water service and Section 94-74, Fees and charges for wastewater service. Anne Cantrell commented that Davenport & Company first presented their study to Council on July 2, 2019, a Work Session was held on September 17, 2019 and a Public Hearing was held on October 15 2019, From Davenport & Company's report, the rates were based on a five-year plan for operations and capital investments. The capital investment plan was developed by staff and priorities were based on age, failure incidents; fire suppression supply and economic development opportunities. The main critical items to be addressed with these increases are upgraded meters, upgrade to a sewer pump station and a new well site to be brought on-line which would allow an underperforming well to be taken offline. There was $ .3 million in infrastructure identified along with other project improvements that needed to happen over the next five years. Most of these items would be funded through debt-issuance with the new rates and others would be funded through cash available from Adopted Ordinance No. 1007 to revise operations in the next three-five years. Davenport Water and Wastewater Fees and forecasted out and we would still be in-line or below Charges Schedule by an increase for some of our neighboring jurisdictions, which was FY2020 and an increase of 6.0 percent important when we began our discussion with them that in the Service Charge and 8.0 percent we stay competitive. The bi-monthly billing will also in the Volumetric Rate for FY2021, move to monthly billing starting in July of 2020. FY2022, and FY2023, pursuant to authority granted by Virginia Code 15.2-2111, 15.2-2119 and 15.2-2122, Council Member Stovall made a motion to adopt the according to the Vinton Town Code, Ordinance as presented; the motion was seconded by Chapter 24, Utilities, Section 94-22 Vice Mayor Liles and carried by the following roll call Fees and charges for water service vote, with all members voting: Vote 5-0; Yeas (5) — and Section 94-74, Fees and charges McCarty, Scheid, Stovall, Liles, Grose; Nays (0) — for wastewater service None. The next item on the agenda was to consider adoption of a Resolution appropriating funds in the amount of $1,446,282 for the Walnut Avenue Bicycle and Pedestrian Accommodations Project—5th Street to Town West Corporate Limit. Anita McMillan commented that this is a reimbursable grant; however, the Town does have to appropriate the total amount of $1,446,282. On October 15th, Council awarded an engineering services contract to Mattern & Craig for the project and as we go through the project and have expenses, we will receive reimbursement from VIDOT. Council Member Scheid made a motion to adopt the Adopted Resolution No. 2325 Resolution as presented; the motion was seconded by appropriating funds in the amount of Council Member McCarty and carried by the following $1,446,282 for the Walnut Avenue roll call vote, with all members voting: Vote 5-0; Yeas Bicycle and Pedestrian (5) — McCarty, Scheid, Stovall, Liles, Grose; Nays (0) Accommodations Project — 5th Street — None. to Town West Corporate Limit The Town Manager commented that the Roanoke County Planning Commission approved the Roanoke Valley Resource Authority's Special Use Permit (SUP) application last night regarding the Smith Gap Landfill with conditions that would limit Bradshaw Road traffic if trash hauling methods were to change. This affects an eight-acre plot acquired from Norfolk Southern in February of last year. The SUP application will now go before the Roanoke County Board of Supervisors at their November 1 9th meeting. The Town Manager next commented that Alicia Petska with the Roanoke Times has moved into covering crime and public safety and Alison Graham would now be the reporter covering Vinton. Under reports from Council Committees, Anne Cantrell first commented that the Finance Committee met on October 21, 2019 and reviewed the budget appropriation for the Walnut Avenue Improvements project and the insurance appropriation for the Chevrolet pick-up, both of which Council took action on tonight and the August 2019 Financial Report. Ms. Cantrell then reviewed a PowerPoint presentation,which will be on file in the Town Clerk's Office as a part of the permanent record. Council Member Scheid made a motion to approve the August 2019 Financial Report;the motion was seconded by Vice Mayor Liles and carried by the following vote, Approved the August 2019 Financial with all members voting: Vote 5-0; Yeas (5)— McCarty, Report Scheid, Stovall, Liles, Grose; Nays (0)—None. The Mayor commented that he and the Town Manager attended the recent VDT Fall meeting and he made some comments on the Town's concerns about congestion and safety issues on 460 and how that would impact our community. Don Davis, former Mayor, commented from the audience that he recommended that Council increase the water and wastewater sewer rates each year in a smaller amount. He also commented on the quality of water. The Mayor commented that Council is aware there are some challenges with the water system and some of the funds received from the increased rates would go toward improving the system. Also,thiswould be one of the topics addressed at the upcoming Council Retreat. Mr. Davis next commented that just about every community and area around has joined the Water Authority and that they good water and the citizens in Vinton deserve good water. The next item on the agenda was a request to convene in Closed Session pursuant to Section 2.2- 3711 (A)(3) of the Code of Virginia, 1950, as amended, for the purpose or consideration of real property for a public purpose, or of the disposition of publicly held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the Town, specifically relating to a sanitary sewer easement on the Methodist Church property. Vice Mayor Liles made a motion to convene in Closed Session; 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. Council went into Closed Session at 8:54 p.m. At 9:35 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 Vice Mayor Liles; seconded by Council Member McCarty and carried by the following roll call vote, with all members voting: Vote 5-0; Yeas (5) — McCarty, Scheid, Stovall, Liles, Grose; Nays (0) — None. Certification of Closed Meeting Vice Mayor Liles made a motion to adjourn the meeting; the motion was seconded by Council Member Scheid 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 9:42 p.m. Meeting adjourned APPROVED: 47e* Bradley E. Grose, Mayor ATTEST: Susan N. Johnson, CMC, Town Clerk 9 AT A CLOSED MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, NOVEMBER 5, 2019 AT 7:00 P.M. IN THE COUNCIL CHAMBERS OF 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: 1. 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 Vice Mayor Liles and seconded by Council Member McCarty with all in favor, A ICA Clerk 4�Council