HomeMy WebLinkAbout10/18/2016 - Regular MINUTES OF A REGULAR MEETING OF VINTON TOWN COUNCIL HELD AT 7-00 P.M.
ON TUESDAY, OCTOBER 18, 2016, 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
PLANNING COMMISSION
MEMBERS PRESENT,- David R.Jones
Keith N. Liles
William E. Booth
Dawn M. Michelsen
Robert A. Patterson
STAFF PRESENT: Barry W. Thompson, Town Manager
Susan N. Johnson, Executive As Clerk
Theresa Fontana, Town Attorney
Anne Cantrell, Interim Finance Director
Anita McMillan, Planning &Zoning Director
Joey Hiner, Public Works Director
Tom Foster, Police Chief
Pete Peters, Assistant Town Manager/Director of Economic
Development
Karla Turman, Associate Planner/Code Enforcement Officer
Brandon Gann, Financial Services Analyst
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 Scheid and
Mayor Grose present, which constituted a quorum. Roll call
Council Member McCarty and Vice Mayor Hare had
not yet arrived at the meeting. Anita McMillan
called the roll for the Planning Commission with
Chairman David Jones, Vice Chairman Keith Liles,
William Booth, Dawn Michelsen and Robert A.
Patterson present.
After a Moment of Silence, Council Member Liles
led the Pledge of Allegiance to the U.S. Flag.
Under upcoming community events, Council
Member Scheid reminded everyone of the Roanoke
Valley Greenway annual picnic on Sunday starting
at 3:30 p.m. at the Farmer's Market and Twin
Creeks Brewing Company. Council Member Liles
announced that the Mingle at the Market originally
scheduled for the Fall Festival would be held on
Saturday, November e, at 7:00 p.m. The Mayor
announced that Council would be having their
annual Fall Retreat on October 24Ih
Under requests to postpone; add to or change
the order of agenda items, the Town Manager
announced that Delegate Head would not be able to
attend the meeting tonight due to a scheduling
conflict. He will be in attendance at the November
1st Council meeting...
Council Member Scheid made a motion to
approve the Consent Agenda as presented; the
motion was seconded by Council Member Liles and
carried by the following vote, with all members Approved minutes of the Regular
voting: Vote -0-2 'Yeas { - Liles„ Scheid, Grose; meeting of September 20, 2016 and
Nays (0)--None, Absent 2)—McCarty; Bare: Regular meeting of October 4, 201
The next item on the agenda was recognition of
the Officers of the Month for September. Chief
Faster first read a Memo recognizing Sergeant
Fabricio Drumond, Corporal Michael Miles and
`officer Matthew Stafford.: All were present at the
meeting.
Vice Mayor Aare arrived at the meeting at 7: 7
p.m.
Chief Foster next read a second Memo
recognizing Sergeant Tim Lawless, Corporal
Michael Caldwell and Officer Silas Chapman:
Corporal Michael Caldwell was present at the
meeting.
The next item on the agenda was a report on the
Vinton Volunteer First Aid Crew for September: Chief
Cuffey reported the volunteer true hours were 482
out of a possible 456 for 105%. The truck was
marked up 67 for ALS and 13% for BLS. They
responded to 93 out of 126 calls and handled 89. The
numbers were low for this month due to 26 second
emergency calls which was higher than normal. The
fra file response time was 16..06 and they had 1,600
man hours for the month`, He expressed thanks for
the Town for the continued support of the Crew and
reported that they have four new members.
Anne Cantrell introduced Brandon Cann as the
new Financial Services Analyst.
The next item on the agenda was a joint Public
Hearing with the Vinton Planning Commission to
consider public comments regarding the joint petition
of Robert O: and Linda M. Quam, owners of Lot 1,
Block 12; and Sherman E. and Barbara S. Sligh;
owners of Lot 7, Slack g, of Plat Soak. 5, Page 30
showing Map of Section Number 4, Bali Hai
Subdivision, property of W.E. and Olney G. Cundiff,
prepared by C, I . Malcolm & Son and dated August
31, 1964, recorded in the Clerk's Office of the Circuit
Court for the County of Roanoke,Virginia, on January
1965, to abandon, vacate and deed a fifty(50)foot
wide by approximately one hundred and fifty (150
foot long undeveloped right-of--way, known as
aleview Drive, to the adjoining property owners.
They also requested that this undeveloped portion of
the right-of-way never to 5e used as a street or road
to any ether property at any time in the future.
The Mayor opened the Public Tearing at 7:15 p.m. Public Hearing opened
Anita McMillan n first commented that the Planning
Commission and Council were provided a Staff
Report as part of the agenda package.
The process began in October of 2012 when staff
was contacted by the City of Roanoke regarding
proposed subdivision of the property owned by the
Overbays and staff was informed that the City was
considering waiving certain requirements because the
lot could only be accessed from the Town of Vinton-
one from the undeveloped portion of Caleview Drive
and one to the north of Olney Road,
In 2013, a request to vacate Daleview Drive was
submitted by the Overbays to the Town with the
stipulation that the Slighs and Quams were to deed to:
them a 20 feet wide access easement. At the May
2013 Planning Commission meeting, John Patterson,
counsel for the Overbays, requested that the
application be withdrawn clue to concerns that were
brought up by the Slighs and ether property owners
on Olney Road.
On September 11, 2013, a request was received by
the Slighs and Quams for the undeveloped portion to
be vacated along with a petition from the property
owners along Olney Road indicating that they were in
agreement for the right-of-way to be vacated. At the
December 11 , 2013 Planning Commission Public
Hearing, the Tanning Commission voted to table the
request for 50 days in order for the Overbays, the
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Slighs and t uams to reach an agreement regarding
the use of the undeveloped right-cif-way and whether
or not to vacate it.
On December 13, 2013, a letter from Richard
Cranwell, legal counsel retained by the Slighs and the
, uams was delivered to the Town Manager
requesting a continuance of the Public Tearing on the
proposed vacation. In the interim, the Overbays
submitted a subdivision plat to the City of Roanoke
showing the two lets (A & B) to be accessed from
Olney Road: The plat also showed a right-of-way
coming from Olney Road and an access easement to
Lot B from Lot A. In addition to the access easement,
there was shown a waterline easement for Lot B.
These two lots are to be serviced by the Town of
Vinton's water services, but not public sewer. All
other services are to be provided by the City of
Roanoke. In May of 2016 the lots were purchased by
Michael Henderson.
Council Member McCarty arrived at the meeting
at 7:15 p.m.
Can Tune 2 , 2016, a third petition was submitted by
the Slighs and Quams requesting the right-of-way to
be vacated. Council was briefed by staff on October
0. Also, a written statement was received b
Michael Henderson opposing the request which was
provided to each member of Council and the Planning
Commission, Ms. McMillan commented that Mr.
Henderson was present at the meeting. This
morning staff received a written statement from Judy
Harless of 619 Olney Road indicating that she was
unable to attend the meeting, but agreed with the
request to vacate. The petitioners were also present
and along with their legal counsel, Mr. Cranwell and
Mr. Bul ington. As part of GIs. McMillan's report, she
shared a Power Point presentation. to copy of the
presentation is on file in the Town Clerk's Office and
will be made a part of the permanent record.
Curing the public comment section, the first speaker
was Michael Henderson of 1832 Blenheim Road;
SW, Roanoke, Virginia. He commented that he had
recently purchased the property from the Qverbays
and was told by the attorney that closed the loan and
the tverbays that he could use the access road to
the first tract of land. He then read a prepared
statement in opposition to the vacation of the right-of-
way. He plans to build a home on the property and
closing the right-of-way would prevent him from
having safe and easy access to his property in case
of a life threatening event. He then made additional
comments.
Dave Tones commented that three years ego the
Planning Commission heard the matter and asked
the property owners to get together and came to
some type of agreement and then asked what
became of that. Mr. Henderson responded that he
was told that the Slihs and Quams were agreeing on
a joint easement through the property and told the
verbeys there was not a question about closing the
easement or abandoning it but that they wanted a 20
foot right-of-way into their properties. Then, Mr. Sligh
and Mr. Quern came to the Public Nearing and
indicated they had changed their minds and
requested not to have it vacated and closed. Ms.
McMillan commented that signed letters were
received; however, prior to the meeting, staff received
a fax from the Overbays surveyor, but it was not
signed nor notarized. At that time staff was informed
by Mr. Sligh that they did not get all of the information
and were opposed to the right-of-way being closed.
David Bullington, counsel for the petitioners, referred
to the subdivision plat"Map of Section No. 4, Bali Hai;
remaining property of Bush" from 1964, which was
provided to Council and the Planning Commission.
On this plat was a 150 foot paper street to connect to
what was shown as the remaining property of the
Bush to reserve the right to do additional subdivisions
with that property. The property was never
developed.
In 1972, the Quams put in their driveway and when
the Slighs moved in their house in 1990, their
driveway was already there. Mr. Quarry had
indicated that Mr. Cundiff told him that the property
was not going to be developed. They have
maintained and improved this property for a
combined time between them of close to 70 years.
This proceeding has a somewhat complex history
and Mr. Bullington commented that only a couple of
key points are relevant. What initiated the proceeding
in 2012 was that the former owners, the Cverba s
approached the Town about developing this 25 acre
tract. The 2012 subdivision plat was included in the
agenda package showing there was no access for
those two lots. The plat had each lot going right in
the middle of Baleview Drive. The Council and
Commission members at that time were trying to be
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solicitous o the t v rbays at that time that arguably
had no other access to e road. At the 2013 hearing,
Council heard from Attorney Kevin Caddo that the
property owners would be irreparably harmed
because they would not have access.
Mr. Builington next commented that the Overbays did
in fact obtain subdivision approval to divide the
property with a right-of--way toOlney Road.. It does
not provide for access through Daleview Drive A key
point is that the plat states this tract will not be further
subdivided. Initially the consideration was to access
this property through Daleview Drive. Now the entire
7aleview give would be on one single residential lot
which already has access. In light of this, there is
virtually every reason to vacate this street and no
compelling reason to leave the paper street out there.
Mr. Bullington further commented that it would be
improper for any access to be allowed that did not
meet basic if not secondary road standards and there
is no reason to have this liability for maintenance and
upkeep on the Town when there is no corresponding
tax basis. He respectfully requested that the vacation
be granted.
Mr. Richard Cranwell spoke next and commented he
seared as the Town Attorney in the late 1960s.
During that period of time the Cities of Salem and
Roanoke were seeking annexation that would
eliminate Roanoke County as a political subdivision
and divide the County between the two cities. The
three judges rejected the grand plan to divide
Roanoke County, but did grant a very modest
annexation. Unfortunately, when the judges drew
their line, they placed the property in question in the
City of Roanoke. It should be in Roanoke County and
in the Town of Minton..
If any road is prat in,there will not be any taxes or fees
paid to the Town and since Roanoke City will be
providing the services, this will cause year and tear
on the road. He also commented that the Town's
Fire/EMS Fire/EMS and Police would respond to this property if
they needed to and would probably be the first to
respond. He requested that the property be vacated
and revert back to the adjoining property owners.
Melvin Bennett of 709 Olney Road next spoke and
commented that nothing is written in stone and what
would happen if in the future: someone wanted to put
gtl town harries on this property and Roanoke City
l
agreed to it.
In rebuttal, Mr. Henderson mentioned the comments
that were made concerning dollars and cents. H
also commented on a time he was can his property
and injured and the ambulance could not find hire.
He was not asking about opening up a road; all he
wants is an easement dawn to his property... A 50
foot read with all the traffic that has been mentioned
was never his desire. The Mayor commented that if
the react was opened up; it would have to be built to
state standards as is Olney Road. Mr. Henderson
then commented that he is interested in having
access to the one lot.
William Booth commented on the fact that Mr.
Henderson did not want to build a strut, but he just
wanted access to his property. He further
commented that could not be done because of the
existing driveways, Mr. Henderson responded that
they could give an easement across their property;
but it is not their property, it is Town property.
Mr. Booth next asked Mr. Henderson how closing this
right-of-way would alienate hip and discriminate
against him and be a liability to him and the Town.
Mr. Henderson responded that if he is the only one of
the three property owners to not have access to the
right-of-way that was deeded to be shared among all
three of them,it would be very discrimination..
Planning Commission Member Liles referred to the
recorded subdivision plat dated March of 2016 and
asked Mr. Henderson when he Nought the property.
Mr. Henderson responded in May of 2016. Mr. Liles
next commented to Mr. Henderson that he bought the
property knowing that his easement was from Olney
Road. Mr. Henderson responded that was for the
water. He was told when he bought the property that
Lot A could have access through the paper right-of-
way on Daleview and that the recorded plat was only
showing that there was another alternative way to get
to his property. There is nothing there that vacated
his right to use the faleview right-of-way.
Council Member Scheid commented to Mr.
Henderson that he bought a piece of property that
had been legally subdivided by the City of Roanoke
that had access from clney. For him to desire a
different access is understandable, but the fact of the
matter is he has access from Olney to bath of his lots.
No one is denying him access to his property.
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Council Member Scheid asked Ms. McMillan how the
subdivision plat got approved in the City of Roanoke
and how much frontage is on the north end of Olney.
Ms. McMillan commented that he has at least 50 feet
can Olney. The City of Roanoke stated that these two
properties are zoned agriculture and they warred a lot
of the requirements because of being only two lots
and that it can only be accessed through the Town,
Council Member Scheid further commented that
someone when to a great deal of trouble to get the
subdivision plat approved in the City. She agreed
that the critical point is that Mr. Henderson has legally
granted access from another point on Olney and
when he bought the property he knew that;
Vice Mayor Flare commented that Mr. Overbay
misled the entire community and had them sign
petitions that they did not know what they were
signing; To Mr. Henderson, he commented that he
was either falsely led or slid not have good counsel
when he was purchasing the property from the
Qverbays because they knew Ball well that Daleview
Drive was in dispute in this community. His concern
all along has been for this neighborhood and what
could possibly be built on the property.
Vice Mayor Hare further commented that if this had
been voted on four years ago, he would have voted to
have it vacated. He has not seen anything new that
would retake hire change his mind other than the line
getting moved slightly. He was also pretty confident
that the Vinton Fire and EMS would be able to access
the property.
The Mayor commented that he had the same
conclusion as he dial four years ago that there is
access to those properties. Also, Mr. Henderson has
access to the finest Fire/EMS and Police probably in
the :Mate and does not feel that he will be in any
danger: The Town would have to maintain a road
that will have to be built to state standards and the
citizens will have to bear the expense of accessing a
Roanoke City property: The information that Mr.
Henderson received or did not receive when he
purchased the property unfortunately has no bearing
on the legal plat that shows access to that property.
His position has not changed.
Tearing no further comments, the Mayor closed the Public Nearing closed
Public Hearing at 815 p.m..
Planning Commission Member Mich l en made a
motion to recommend the adoption of the Ordinance
as presented; the motion was seconded by Planning
Commission Member Patterson and carried by the
fallowing vote, with all members voting. Vote 5-
Yeas 5) Patterson, lvlichelsen,Booth, Liles; Manes, Planning Commission recommended
Nays —None. adoption of Ordinance as presented
Council Member Scheid commented that she would
like to have some discussion regarding the sale of
this property. There is no language in the Ordinance
about an assessed value of the property and the sale
of the property. She personally did not believe that
the Town should be in the business of giving away
public property. The Town Attorney commented that
the law does provide that Council can ask that the
Town be reimbursed, but the Ordinance was
prepared prior to this meeting. She suggested that
the action can be tabled so a negotiation on the sale
of the property could tare placer
After comments from Mr. Cranwell,the Town Attorney
commented that the Ordinance could be approved
contingent upon a successful negotiation of the sale
of the property. Dice Mayor Flare asked if that
negotiation would be made public. Mr. Cranwell
commented that once a number is arrived at that it
would come back to Council for approval. Council
Member Schein asked if it had to came back to
Council, why not just wait on taking any action. The
Town Attorney commented that the Ordinance could
also be amended properly.
Council Member Scheid made a motion to tattle the
Ordinance as presented to the next Council
meeting; the motion was seconded by Council
Member Liles and carried by the following vote, with
all members voting: Vote 5-0 Yeas (5) - Liles, Tabled Ordinance as presented to
McCarty, Scheid, Hare, Grose; bays (0)--None. the next Council meeting
Planning Commission Member Booth made a
motion to adjourn the Planning Commission; the
motion was seconded by Planning Commission
Member- Patterson and carried by the following vote;
with all members voting: Vote 5-0 Yeas (5) --
Patterson, Michelsen, Booth, Liles, Tones; Nays (0)—
None. The Planning Commission was adjourned Planning Commission adjourned
from the meeting at 5:24 p.m.
The next item on the agenda was a Public Baring
to consider public comments regarding the request
from Audley Robinson, 222 Highland Road, to
purchase the vacated and undeveloped portion, 2
feet wide by 13 .52 feet long (3,463 square feet) of
Glencoe Street right-of-way.
The Mayor opened the Public Hearing at 3:31 p.m. Public Hearing opened
Karla Turman commented that Council had
previously been briefed on this request. Glencoe
Street was closed by Ordinance in 1993 at which time
one-half went to Mr. Robinson and one-half was
incorporated into 350 Highland Road, known as
Gearhart Park.
Mr. Robinson has requested to purchase this portion
of property to add an addition to his home along with
handicapped ramps which would allow him to meet
the setback requirement. This property is 3,43
square feet and he is willing to pay for the property.
Since this portion is a part of Gearhart Park, Ms.
Turman commented that she did loop at the distances
from the softball field to the property and it appears to
be approximately 225 feet at the front of the property
and 160 feet at the back. Roanoke County Parks
and Recreation commented that they diet not have
any concerns.
With regard to the assessment value of the property,
staff took the land value of Gearhart Park, came up
with a per square foot amount and figured a purchase
price of 1,280.00 The assessed value is 93%of a
property value. However, staff was advised that a
locality could add an additional seven percent; which
would make the amount 1 369.00.
Mr. Robinson was not able to attend the Public
Hearing but his brother who has been handling this
on his behalf had another commitment and also could
not attend.
In response to a comment by Vice Mayor Flare, Ms.
Turman showed a drawing'from Mr. Robinson of his
plans for the addition and handicapped ramp. Vice
Mayor }-tare asked if there would be any danger of
visitors to the Park trespassing on his property. Ms.
Turman commented that once Council approves the
sale of the property and he builds the addition, it
would be more apparent where the property line is.
William Booth asked why there would be a charge for
the purchase of this property since there was no
value to it as far as the Town was concerned. The
Mayor commented that Council is setting a precedent
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and if we give this property away, there may be other
cases where this same question would come up. We
do not want to be in a position to give away property'
owned by the taxpayers. Our policy in the future is
going to be that we have to receive some sort of
compensation on behalf of the taxpayers:
Council Member Scheid commented that this
property cures have value and it is public property.
She dues not think it is o ncil's role to give away
public property.
Hearing no further comments, the Mayor closed the Public Nearing closed
Public Fearing at 843 p.m;
Council Member Liles made a motion to adopt the
Ordinance as presented.
Vice Mayor bare commented that the Ordinance
provides for a purchase price of 93% of the assessed
value and that would be the precedent that is being
set. Ms. McMillan commented that this is 00% of
the assessed value. However, Roanoke County
indicated that they assessed in the property at 93% of
the market value. The Town could acid seven
percent. The 100% of the market value would be
$1,369.00. Without the seven percent addition, the
amount is $1 280.00. Mr. Thompson commented
that the 93% of market value is the amount that the Adopted Ordinance No. 979
property is taxed on. approving the request from Audley
Robinson, 222 Highland Road, to
After discussion, the motion was seconded by Vino purchase the vacated and
Mayor Hare and carried by the following vote, with undeveloped portion, 25 feet wide by
all members voting: Vote -0; Yeas (5) - Liles, 138.52 feet long (3,463 square feet)
McCarty, Scheid, Hare, Grose; Nays t0 —lone. of Glencoe Street right-of-way
The next item on the agenda was a Public Hearing
o consider public comments on the proposed
ordinance to grant a fifteen (15) year
Telecommunications Franchise to Lumos Networks;
Inc. commencing on October 18, 2016.
The Mayor opened the Public Hearing at 8. 5 p.m. Public Nearing opened
The Town Manager commented that in October 1990,
Lumos Networks, Inc., a Virginia Corporation, fka
Roanoke & Botetourt Telephone Company was
granted a telecommunications franchise in the Town
of Vinton. This franchise has expired and they have
requested that the franchise be renewed. The
Franchise renewal period will be for a fifteen t1 year
period from the effective dote of the agreement. The
franchise is not an exclusive franchise and does not
prevent the Town from granting to any ether person,
firm or corporation the same or similar franchise rights
and privileges to be exercised in or upon its streets_ ;It
gives Lumos the right to use the streets of the Town
to operate and maintain a fiber optic
telecommunication system within and along the
streets of the Town. Council was briefed on the
franchise agreement at their October 4, 2016
meeting..
The Town Manager further°commented that he heard
from Robert Wallace, a protect engineer with Lumos.
He was not able to attend the meeting, but stated that
Lumos looked forward to a continued relationship with
the Town over the new franchise period.
The Town {clerk commented that the Public Nearing
Notice in The Vinton Messenger did solicit other bids
for this franchise and no ether bids were received:
The Town Manager commented that the Town
Attorney drafted this Agreement and it was reviewed
by Lumos, The Town receives approximately 250
per year on this franchise.. Their service territory is
very small and is in the midway area of Town. Vice
Mayor Hare asked if anyone in that area had made
any complaints. The Town Manager responded that
he had not received any and Joey Diner commented
that they had not received any.
The Town Attorney commented that this is the
essentially the same: agreement, but it has been
updated. Basically, the Town was able to charge
franchise fees directly, but now the State regulates
what can be charged.
Hearing no further comments, the Mayor closed the
Public Nearing at 8:50 p.m. public Hearing closed
Vice Mayor Hare made a motion to adopt the
Ordinance as presented; the motion was seconded Adopted Ordinance No. 959 granting
by (council Member McCarty and carried by the a fifteen 5 year
following vote, with all members voting: Vote -0 Telecommunications Franchise to
Yeas ( - Liles, McCarty, Scheid, Hare, Grose; Lumos Networks, Inc. commencing
Nays (g)—None; on October 18, 2016
The net item on the agenda was a briefing on
proposed Performance Agreement with 1/ aueshaw
Development Inc., and the Roanoke Counter
Economic Development Authority as part of an
Economic Development Incentive Package to
redevelopment of the former William Byrd Nigh
School. Pete Peters commented that recently this
property was rezoned to Mixed Use Development
which has cleared the way for the purchase of the
property by Waukeshaw Development and the
proposed conversion of the building into
approximately 00 apartments.
Curing the early phase of the property's conception
and the negotiations, Town staff in consultation with
the Economic Development Committee and the Town
Attorney agreed in principle to a Performance
Agreement to incentivize the redevelopment project
with terms similar to those offered by Roanoke
County and the Roanoke County EDA.
aukshaw is expected to close on the property in
the coming months and are currently finalizing the
internal design and the site plan for the property;
They have also recently received preliminary
approval for designation on the State and rational,
Register of Historic Places which is a critical step in
determining the eligibility for certain tax credits.. They
have secured the additional financing needed for the
project.
The total private investment of the project i
anticipated to be in excess of $10 million and the
developer will be required to achieve various
construction deadlines and will be held to design and
construction standards that will maintain the historic
character of the building in order to receive the
incentives through the Performance Agreement:
The proposed terms of the agreement include
payment to the developer equal to all applicable
Town permitting fees; all water and sewer connection
fees and an annual payment equal to the property
taxes paid to the Town for a period of ten years. The
total financial incentive package is valued at
approximately$ 0,000.
Council Member Scheid commented on the draft
agreement providing for $9.2 million. Mr. Peters
responded that the last presentation provided by
aukeshaw through the rezoning process indicated
that the estimate had been revised to in excess of
$10 million. The agreement can be revised to reflect
themore current numbers.
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The next item can the agenda was to consider
adoption of a Resolution to approve an application
for an allocation of funds up to $2 0,000 to be
matched through the Virginia Department of
Transportation Fiscal Year 2017-2018 Revenue
Sharing Program. Joey Hiner commented that
Council was briefed on this application at their last
meeting. The pre-application has been submitted to
V3tT and the deadline for the Resolution is
November 1 itµ
Adopted Resolution No. ;2159 to
Council Member McCarty made a motion to adopt approve an application for an
the Resolution as presented, the motion was allocation of funds up to $ 00,000 to
seconded by Council Member Scheid and carried be matched through the Virginia
by the following vote, with all members voting: Vote [department of Transportation Fiscal
- , Yeas ( - Liles, McCarty, Scheid, bare, Grose; Year 2017-2018 Revenue Sharing
Nays ( )—None. Program
The next item on the agenda was to consider
adoption of a Resolution appropriating funds in the
amount o $3,265. 9 for the receipt of an insurance
claim made on a Lodge Charger (Unit 1137) of the
Police Department, Chief Tom Foster made brief
comments regarding the damage to the vehicle and
that the other party was at fault. The Ton'
insurance company, VML., issued a check: in the
amount of $ ,265..5g which was the estimate from
Buddy's Auto Body to repair said vehicle less the
$500 deductible.
Vice Mayor Hare asked why we had to pay the $500
deductible if the Town was not at fault: The Town
Manager commented that this was a misprint. The
check was received from a third-party insurance
carrier and there was no deductible on the Town's
part. There were ether finds received, but those
went directly to Buddy's Auto Body as a result of
other damages that they found after the initial
check`. That check was endorsed over to them
because it was made out both to the Town and
Buddy's, The check was not from VML, it was
from US AA.
Vice Mayor Hare made a motion to adopt the
Resolution with the Language amended to state that
the proper insurance filing was made with the third- Adopted Amended Resolution No.
party's Insurance; the motion was seconded by 2170 appropriating funds in the
Council Member McCarty and carried by the amount o $3,265.09 for the receipt
following vote, with all members voting: Vote 5-0, of an insurance claim made on a
Peas (5) - Liles, McCarty, Scheid, Hare, Grose; Dodge Charger (Emit 1137) of the
Nays t —None. Police Department
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The next item an the agenda was to consider
adoption of a Resolution appropriating funds in the
amount of $44,582. 0 for the purchase of
replacement vehicle in the Police Department.
Chief Foster commented that on July 15, 2015, a
2012 Dodge Charger that was designated as the 1
vehicle was involved in an accident. The insurance
settlement payment from VML and ATF funds were
used to purchase an SUV Utility vehicle to replace
the Chiefs vehicle at that time. The Department is
down two vehicles, this vehicle and the Impala that
became the Town's vehicle for administrative use.
Another vehicle just recently was removed due to
reaching its useful life expectancy and will be sold
at public surplus
They are requesting the ability to replace Unit 114
with ATF funds to purchase one vehicle. This would
be an all-wheel drive utility vehicle that will better
meet the needs of the Town.
Mice Mayor Flare commented that this matter was
discussed at the Finance Committee meeting and
they support this recommendation. The fleet of
four-wheel drive vehicles is rapidly aging; so this
needs to be done to give the department the
capacity during inclement weather.
Vice Mayor Flare made a motion to adapt the
Resolution as amended, the motion was seconded Adopted Resolution No. 217
by Council Member Scheid and carried by the appropriating funds in the amount of
following vote; with all members voting: Vote 5-0 $44,582.00 for the purchase of a
Yeas 5) - Liles, McCarty, Scheid, Hare, Grose; replacement vehicle in the Police
Nays { }—forte, Department
Vice Mayor Flare asked if the vehicle would be
marked and Chief Foster responded yes. However,
they are considering a reversal of the current colors
by going with a stark charcoal metallic gray with
black lettering on the side. He polled the
department and the unofficial results are in favor of
doing this for this one vehicle to see how it looks
and how the public reacts to it: The Mayor
commented that he has heard from some citizens
that they do not appreciate the black. vehicles.
Chief Foster further commented that some
individuals feel that the solid black vehicles are
somewhat intimidating.
The Town Manager commented that Council will
be having their Retreat on Monday, October 24th.
They were provided an Agenda for the Retreat and
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he made brief comments. The homework
assignment to complete the SWOT Analysis is due
back to Pete Peters on Thursday, Pete Peters
commented further on the SWOT Analysis;
The Town Manager next commented that Walnut
Avenue is now open from the storm drain repair.
The paving company did the paving today and he
expressed appreciation to Public Works for their
work on the repair..
The Mayor commented on the upcoming
Council Retreat and two ribbon cuttings that he
recently attended for small businesses that were
graduates of the HIVE. He commented on the
success of the Pall Festival, the Employee
Recognition went and reminded everyone of the
Veteran's Recognition went on November 6 to at the
War Memorial beginning at 12 Noon. He also
commented on a Proclamation that had been
prepared by the Town Clerk in honor of Fred
Anderson that will be presented to his family.
Comments from Council: Tice Mayor Hare
commented that the last time the Town sold land
the proceeds were placed in a restricted fund to use
for further investments in the community; He
suggested that Council consider doing the same
with the proceeds from the sale of the property
discussed tonight. Council Member Scheid
commented that perhaps it could be included in the
new policy that will be developed concerning the
sale of Town property: The Town Manager
commented that we need a policy that outlines our
procedure for the sale of Town property and the
formula that we use in calculating the value. It
could also include this type of restriction on the use
of the funds. That way there will be no question of
the intent. The current policy is vague and puts the
responsibility on the Torn Manager as to whether
e should charge or not and it should not be the
Town Manager that should make that determination.
It was recommended that the Finance Committee
review the policy.
Vice Mayor Hare commented on the former Flower
Fund that was placed into a restricted account to
buy flowers, but funds were needed to replace
signs. Council Member Liles asked if that was the
beautification grant that was set up by Mr. Vinyard
for $20,000 that is still used today to plant the
hanging baskets. dice Mayor Hare responded that
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the fund was consumed and it was used to refurbish
the signs which were failing apart.
Council Member Scheid and Council Member Liles
expressed appreciation to Public Works and other
members of staff who were involved in getting
Walnut Avenue back open and keeping Council
posted..
Council Member McCarty commented on the
success of the Fall Festival. She reminder
everyone of the Mingle at the Market can November
5th. She also asked about the items that have
been placed on the street on Niagara load. The
Town Manager commented that he is aware of it
and they will notify the property owner;
Vice Mayor Hare made a motion to adjourn the
meeting; the motion was seconded by Council
Member Liles and carried by the following vote, with
all members voting; Mote - Yeas t Liles;
McCarty, Scheid, Flare; Grose; Nays (0) -- lone.
The meeting was adjourned at 9:36 p.m. Meeting adjourned
APPROVED-
Bradley . Grose, Mayen
A EST;'
Susan N. Monson, own Clerk