HomeMy WebLinkAbout9/20/2011 - RegularW
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MEMBERS PRESENT: Bradley E. Grose, Mayor
Robert R. Altice
Carolyn D. Fidler
Matthew S. Hare
William W. Nance
STAFF PRESENT: Christopher S. Lawrence, Town Manager
Elizabeth Dillon, Town Attorney
Susan N. Johnson, Town Clerk
Michael Kennedy, Public Works Director
Ben Cook, Police Chief
Stephanie Dearing, Human Resources/Safety Manager
The Mayor called the work session to order at 6:00 p.m. The Roll call
Town Clerk called the roll with Council Member Altice, Council
Member Hare, Council Member Nance and Mayor Grose present.
The Town Manager recognized Mike Kennedy, who gave a
Power Point presentation on the Cost of Service Study for
Water & Wastewater Rates, Mr. Kennedy stated that his briefing
tonight will deal with an overview of the process. The Public
Works Committee has been briefed on all of the findings. The
recommendation is that once you do a cost of service study, you
should do a new one every five years. This type of study has
never been done for the Town of Vinton.
Key points addressed were reason for the study, methodology,
principles of rate setting, identifying customer classes, identifying
revenue requirements over a five-year projection and cost
allocations to customer classes and cost categories.
Rates can be structured either as fixed, volumetric charges, by
customer classes or block rates based on a declining, inclining or
uniform rate, Mr, Kennedy said he would be recommending an
inclining block rate because it helps to promote conservation.
There is also a service charge and he will be recommending that
we move away from a minimum charge. The service charge
includes billing and metering and can include certain fixed
operating costs. Anything not covered in service charge is
covered in consumption charges.
In order to have revenue stability, the goal is to have a reasonable
balance between the service and volume charges. A proof test
was conducted using FY1 I water sales quantities against FY1 2
forecasted revenue,
The next step is a dedicated work session of approximately two
hours to present the details of the study and then give Council
time to review the information presented and ask any questions.
Mayor Grose called the regular meeting to order at 7:00 p.m.
Rev. Gary Robbins of Greene Memorial United Methodist Church
gave the invocation and Ms. Fidler led the Pledge of Allegiance to
the U,S. Flag.
Under consent agenda, upon motion by Mr. Hare, seconded by
Mr, Altice, with a 5-0 vote, Council approved the consent agenda
as presented.
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1936 reappointing Consuella
Caudill to the Greater Roanoke
Transit Company Board;
Resolution Nos, 1937 and 1938
reappointing Robert A, Patterson
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Safety Commission
Mr. Hare read a Resolution recognizing James Illuse, Public Adopted Resolution No. 1939
Works Department, upon his retirement. Upon motion by Mr. recognizing James Muse upon
Altice, seconded by Ms, Fidler, with a 5-0 vote, Council adopted his retirement
the Resolution recognizing Mr. Muse
The Town Manager gave brief comments on the Resolutiom
authorizing the Town Manager to execute a Memorandum 611
Understanding with Roanoke County Public Schools for t
installation of an electronic message board sign at t
intersection of Washington Avenue and Bypass Roa
Council has been briefed, given additional information and t
neighborhood meetings were held.
The Mayor reminded the citizens that they limit their comments to
three minutes and that all comments and questions be directed to
Council,
Mike Stovall-1615 Mountain Tiew Road- owner of Alert Drivi
t Training on Hardy Road and Vinton Magisterial Distri
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representative on the Roanoke County School Board began t
presentation. He also introduced Dr. Richard Turner, Principal
William Byrd High School, I
Mr. Stovall indicated that Roanoke County Schools have t
accounts dealing with construction, a minor and a major capit
account. The monies in those accounts have to be spent just o it
time for projects and there is a surplus in the minor capitl
account. The School Board decided to divide the funds betwe
the 27 campuses and $40,000.00 went to William Byrd Hi
I
School, Through conversations with the School staff a
organizations, it was suggested to erect a digital sign on tt],
School property, but only the people that entered the School
property would see the sign.
Dr. Turner then made comments that the School's PTA had
recommended that they pursue asking Town Council to be
allowed to put the sign on the Town's property at the corner of
Washington Avenue and Bypass Road.
Mr. Stovall continued to explain that the School Board had brought
the first proposal to Council about three months ago. They placed
a single -sided sign in the area as an example for over a month
and then had several neighborhood meetings, One major
concern expressed at those meetings was the distraction and
creation of a safety issue. He stated that as owner of a Driver
Training School and in talking with the National Transportation
Safety Board, VDOT and a Police Sergeant of Roanoke County
who deals with accident reconstruction, there is no compelling
data that indicates when someone was asked what caused their
accident it was contributed to a digital sign.
Another concern was the size of the sign and they are proposing a
6 foot x 8 foot sign. Residents adjacent to the area were
concerned about being able to see the sign and they are
proposing to add landscaping to the area around the sign.
Mr. Stovall said this intersection was chosen because
approximately 28,000 people pass through there in a day (whether
single, double or triple trips). The proposal is to use the $40,000
to erect the sign there and it will have a wide range of use from the
Schools, Town, Roanoke County, Civic Groups, Fire, Rescue,
Police, Amber Alerts, Emergency notifications, any type of
messages that do not fall within the category of moral turpitude.
Dr. Turner commented that he had talked with David Hoback,
Roanoke City's Fire Chief about the digital sign at the Civic Center
and he indicated that traffic accident data did not indicate an
increase in accidents due to distractions from the sign. Cell
phones and texting represent most of the distractions.
Mr. Stovall again indicated that the proposals in the Memorandum
of Understanding (MOU) provide that if the property is needed for
a right-of-way or if the property is going to be sold, the sign can be
removed. At this time they need approval from the Town to use
this property to erect the sign, then they will develop a team or
committee of representatives parties involved to explain how it will
operate and what will be allowed on the sign. It will also have to
go before the School Board's Construction Committee, an RFP
will have to be developed and sent out, funds allocated, final
agreement will be drafted and both the School Board and Town
Council will have final approval.
Ms. Fidler asked how high the masonry base would be and Mr.
Stovall replied that he is not sure at this time. The sign at Cave
Springs has a base of four rows of bricks and this one would have
to have at least two rows. Mr. Nance asked if the size limitation
included the base and Mr. Stovall indicated that if Council wanted
it included, it could be, The Town Manager stated that the
maximum height, including the base, must be no more than six
feet. Mr. Stovall said that some sign bases are encased in metal
instead of brick, but the RFP can state that sign must be a
maximum of six feet including base,
Mr. Nance requested that Item No. I in the MOU be amended to
state that the maximum size of the sign and its surrounding
structure be no more than 6 feet x 8 feet.
The Town Manager referred to the Town's Zoning Ordinance
wherein a V-shaped sign is considered a single monument sign as
long as the angle is less than 45 degrees, which is the way all
monument signs are regulated,
Mr. Hare asked if other locations were considered, where they
were and why they will not work. Mr. Stovall said money was the
issue. It was suggested that we put up three signs at the
entrances to the Town but we can only do one sign because of the
costs involved in construction, wiring and operation costs.
The Mayor then opened the floor and received comments from the
following citizens:
Robert M. Obenchain -1041 Washington Avenue — lives directly in
front of the area proposed to locate the sign and is not against the
sign, but the location. He indicated that currently workers park in
this area when they are working on the traffic control box and if the
sign is erected there, they will be blocking entrance to Preston
Road. He asked if the property description in Item No. 8 in the
MOU could be more specific by identifying the four tracts of land
and if any or all of the tracts are sold, the sign will be removed.
Paul Evans — 4134 Failing Creek Drive — concerned about safety
and hazard of people looking at sign when approaching stoplight
and causing rear end accidents. He mentioned that the Civic
Center sign is half a block down a straight road.
Charles Hartman, Sr. — 1211 East Washington Avenue — son lives
across street from where will put sign. He is also concerned with
safety and asked Council if they would want the sign in their front
door illuminated from 5 am to 11 pm every day,
William G. "Greg" Henderson - 727 Arcadia Circle — lived at this
intersection most of his life and is not opposed to sign, but think
location is wrong. He stated the dimensions are misleading, a 6
foot x 8 foot sign is a wall, not a sign. The School should take
down some of the trees and put the sign on the School property.
He commented they should use the $40,000 and make a second
entrance into the School instead of building a sign.
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Patrick W. Patterson — 4224 Twin Mountain Circle — spoke on
behalf of the business community. He owns property on
Washington Avenue, Raleigh Avenue and South Pollard Street,
He believes in the Town and feels that the location of the sign is in
a key area for growth and that we should be progressive and
proactive in drawing new businesses into Town,
Tiffany Rawling — 1112 East Washington Avenue — indicated that
not one of the 79 citizens who signed the petition were opposed to
the sign, but have brought up concerns about safety, practicality
and property values and do not feel like their issues have been
properly addressed.
She stated that Roanoke County and Vinton Police records
indicate between June 24, 2010 and June 22, 2011, there were 11
recorded crashes at the proposed intersection and asked was
there another intersection in the Town with more crashes than
that. Why add another distraction, especially a 48 square foot
sign?
Ms. Rawling stated that the 48 square foot sign violates Section 5-
46 of the Town Code wherein it states that a proposed sign cannot
exceed 32 square feet in area and that the proper channels have
not been followed such as the issuance of a Special Use Permit
by the Planning Commission. She also read from the Roanoke
County School Policy that events serving alcohol cannot be
promoted, so events for over the age of 21 would have no place
on a high school message board. She asked how many Chamber
events will be able to be posted and if Chamber members or
business owners will be allowed to advertise their businesses on
the sign.
She stated the Schools have not entertained any other locations
and suggested the W.E. Cundiff Elementary School, the old
William Byrd High School (now the RCCC) or the land near PFG.
She corrected a statement made at a prior meeting by Mr. Stovall
that the School Board no longer owns the RCCC Building. She
confirmed with Mike Altizer that the School has notified the County
that they are finished with property, but until sections can be
carved out on Highland to meet right-of-way needs and bus
storage and surveying is completed, the property cannot change
hands.
The Town Manager stated that Section 5-42 of the Town Code
refer to exemptions for public service signs that do not exceed 32
square feet in area which would not apply in this instance. The
other definition that applies is as long as the angle of a double-
faced sign is no more than 45 degrees, it is still considered one
sign. Ms. Rawling referred the Town Manager to Section 5-46,
specifically (d)(1) for comment.
The Town Manager commented that he is not aware of any sign
that requires a Special Use Permit, those Permits refer to land
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use. Section 5-46 (d)(1) does not apply since this is Town
property and not public -owned property.
The Mayor reiterated that the Town would not allow any sign to be
constructed on Town property or anywhere else that does not
meet the Code requirements and that any RFP that is sent out
would have to meet the Town Code requirements,
Hal Mabe — 6010 William Crest Lane, Roanoke, VA 24019 — is
past president of the Chamber and has served on the Chamber
Board for a number of years and its focus has always been
growth. He stated he does not live in the neighborhood of the sign
and it would not affect his home, but he does have a passion for
the Town and is always supportive of opportunities to attract more
people and need to accept this as a gift to the Town.
Mr- Hare asked for clarification about what can and cannot be
advertised on the sign and Mr. Stovall indicated that only the wine
festival could not be advertised because it has the word "wine" in
it. Mr. Hare stated it must be the verbiage that matters not the
actually activity.
Mr. Nance asked for clarification about private announcements
being on the sign and Mr. Stovall gave an example that if the
Chamber had a Barbeque at the War Memorial and his business
sponsored the event, only the event would be advertised, not the
sponsor. Also, there would be no personal messages allowed.
Mr. Nance proposed that Item No, 8 of the MOU be amended to
list the adjacent properties individually and to add language
including a change in existing use to give homeowners more
flexibility if in the future they decide to sell for future development.
After further comments about any potential future development of
the site, Mr. Stovall expressed concern that if Mr. Darnell's house
sold (which is the last house) that they would be asked to remove
the sign. The Mayor stated that the MOU is currently written to
give the Town the right to decide when the sign should be
removed. If one house was sold, he did not feel that the Town
could have a concern,
Mr. Evans asked who would be responsible for accident occurring
at the intersection due to the distraction of the sign. Ms. Rawling
commented that there was no language in the MOU about
removal of sign if accidents do increase because of the distraction
or what would happen if the sign is damaged. She asked where
the William Byrd Middle School sign would go. Mr. Stovall said
both schools will use the new sign.
Karen Rose — 740 Bexhill Drive - asked if proposed sign would not
exceed the 45 degree angle requirement. The Town Manager
then corrected his prior statement that the angle must not exceed
45 degrees, the Code states must not exceed 30 degrees. A
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The Town Manager refers back to Section 5-46 which sets forth in
addition to whatever district you are in and the signage you are
allowed, and this is general business, allowed 100 square feet,
and if identified as public -owned property such as schools, parks,
playgrounds, community centers and other public uses,
in addition to that district sign you get another 32 square feet as
long as is on building or structure. For example, the High School
is not in Town, but if it were, the sign that is on the School would
be given 32 square feet and in addition to that they get 100 square
feet up against the road as a monument sign. This does not apply
in this instance.
Mr. Altice asked if any of the Code would apply since it is on Town
property and the Town Manager indicated it would not, but we
would follow the same rules as any other business in the Town.
Peggy Harman - 644 Dillon Drive — asked if the Town Code
provides for set -back requirements for signs and the Town
manager said the Code provides that a monument sign has to be
10 feet off the right-of-way. However, all the property in question
is right-of-way, but from a practical standpoint it will be at the back
of the sidewalk or curb,
Virginia Dooley - 1203 Fairmont Drive — does not understa
about the height of the other digital signs in the Town and t
Town Manager indicated they are pole signs. She indicated s
was wondering who would be able to read the sign and we
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through each direction at the intersection and felt only tho
stopped going towards Stewartsville could read the sign. M
Stovall said the goal is to get people to read it when stopped. 4
Rebecca Evans - 4134 Falling Creek Drive — expressed concerns
about safety and people being distracted trying to read sign.
Charles Hartman, Jr. - 1042 Washington Avenue — lives across
street from sign location and said it is going to be a 16 foot wall on
side of road,
Mr. Stovall said want to get as many people coming west to read
the sign. He pointed on the diagram where they wanted the angle
of the sign to be and stated that messages will run more than one
time.
Anthony Conner — 5156 Burkwater Drive, 917 East Washington
Avenue — asked if VDOT comes in and asks to put a sign at this
location is there anything to prevent them from doing it? The
Town Attorney said that VDOT can put signs in its own rights -of -
way subject to its limitations. Under the Town Code, VDOT can
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put the Virginia Logos Program signs in the Town's rights -of -way
subject to approval by the Town Manager. Mr. Conner said he
would be happy to have the sign in front of his office rather than
the blinking stoplight at Mountain View.
Mr. Hartman, Sr. stated that the blinking stoplight was a good idea
for safety and that he has two businesses in Town and the Town
worked well with him and the placement of his signs.
Upon motion by Mr. Hare, seconded by Mr. Nance, with a vote of
5-0, Council took at 10 minute recess at 8:43 p.m. Council
reconvened the regular meeting at 8:55 p.m.
There being no further comments from the floor, Council Members
were asked to give their comments.
Mr. Nance asked if we could amend the MOU to indicate the exact
orientation and location of the sign. If the sign is run parallel to
Washington Avenue and only have a 30 degree angle, it limits the
visibility of the portion facing Bypass Road and wonders if any
landscaping with be of value. The sign was moved away from the
traffic box for visibility purposes.
Regarding Item No. 3 in the MOU, where the property owners
have input into the landscaping, he suggested an amendment to
have a window of 60 days after the sign is completed. If the sign
is installed and landscaping would be a further hindrance such as
ability to get a garbage truck in and out of Preston Road, if may
not be needed,
The Mayor confirmed that Mr. Nance suggested the wording be
changed to 60 days after completion of construction. Mr. Nance
also reiterated that a change in Item No. I would be that the
maximum size of the sign and structure would be no more than six
feet in height, make this suggested change to Item No. 3 and then
with regard to Item No, 8, change to identify adjacent properties by
tax numbers and if property sold and is being redeveloped, sign
would have to be removed.
Mr. Nance asked is an MOU is a binding contract and the Town
Attorney indicated it depends on how it is written. Mr. Nance
commented that if the Town is being asked to accept this gift of a
sign for that particular location and if it passes with a 3-2 vote and
someone who voted yes loses the election in the Spring and there
are then three Council members who want to get rid of the sign,
seems like it would be moved, The Town Attorney said she did
not think that would be the case.
Mr. Nance asked if you give limited reasons for the sign being
moved, are you not limiting yourself by agreement to those
reasons. The Town Attorney clarified that the fact that it is called
an MOU does not make it enforceable or not. However, if there is
consideration between one party and the other and there are clear
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agreements or promises that can be enforced, those would be
binding. The language in Item No. 9 limits to public purpose and
most things a Town would do fall in the category of public
purpose. You can be specific and include a public safety issue,
but that is included in the broad text of public purpose. if
someone said they do not like the sign, that would not be for a
public purpose and the Town would not have the authority to
require the Schools to remove the sign, The Mayor asked if it
would be appropriate to add the term "public safety" in Item No, 9.
The Mayor asked if an exact location will be determined before the
RFP is sent out and Mr. Stovall indicated they are asking for
determination by Council whether they would approve a sign for
the proposed location and then would have to send out the RFP
and would bring those proposals back to Council for final approval.
Mr. Altice said it appears they have chosen one site, this one or
none. There should be other places to put the sign with fewer
objections. Mr. Stovall responded that other sites would cost more
money and they have a limited budget for the sign.
The Mayor expressed thanks to all who attended the meeting and
made comments, stating he is not an advocate of signs and thinks
the Town suffers from sign pollution. However, over 90 signs
have been removed from the Town over the past couple of years
which has helped to enhance the remaining signs. He thinks the
sign would be asset to the Town and does not see any evidence
that will cause a safety issue. If he did, he would be opposed to it.
The funding is coming from the School Board and he believes the
sign would say that we are a progressive, proactive Town. I am
not in favor of more than one sign.
The Mayor indicated he does care about the citizens and their
properties that will be affected, but feels we need to help the Town
move forward and to support the School. The questions that were
raised about the Code requirements have been answered and he
will support the sign.
Ms. Fidler commented that she disagreed with the Mayor, that she
loved the idea of the sign, but did not realize until the Schools
started looking at this location the problems that it will bring. She
cannot vote for it because of safety concerns, feeling that it will not
give the visual quality we are looking for and thinks there are other
locations in the Town that are more appropriate.
Mr. Hare also expressed that he understood the feelings of the
neighborhood and mentioned a similar situation on Hardy and
Bypass with CVS sign. Traffic reports are inconclusive that signs
cause distractions and the Town has some recourse in the MOU
that if safety is an issue, we can do something about it. He wants
to support the School because he came up in a very poor rural
area and never had the benefit of something this nice for his
school. This sign will support students and give them a sense of
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pride. He stated that 10 plus years from now if a gas station,
bank or restaurant goes in that area, their sign will go on that
corner because that is where all signs go. Future land use tells
that one day there will be a sign there anyway and considering
that, supporting the students and what the sign can bring to the
Town, he has to support it.
After other comments from the floor, Fidler called for the question
The Town Attorney said Council has two options, they can move
to adopt the Resolution but will we have to add in amendments
that have been suggested. She noted that in in the second
paragraph of the MOU, Council would want to clarify that the final
location must be approved by Town Council rather than Town staff
as it is currently written. And in Item No. 1, you will want to clarify
what is meant by maximum size of the sign such that if it is your
intent that it be measured pursuant to the sign area definition of
the Zoning Ordinance, you would want to include language to that
effect. Or the other option as heard you discussed, would be a
motion to allow the School Board to proceed with plans for a sign
on the right-of-way subject to a final agreement that will be
presented to the Town and the School Board
Upon motion by Ms. Fidler that the Resolution be rejected, Defeated Motion for Resolution
seconded by Mr, Altice, with a 3-2 vote, the motion was defeated. to be rejected
Mr. Nance then commented that he would not the sign in his front
yard, but to look at the situation simply from that would be emotion
only. There is absolutely every right for everyone who drives by
that sign to have an emotional reaction as well everyone who lives
in sight of it. But we need more detail and we have to balance the
interest of the Town as a whole against the negative impact it will
have. It could have a public safety impact, a quality of life impact
that he cannot measure. Sometimes impact on a few will have
him vote against something, but in this case he believes the
benefit to the community as whole outweighs that when we put the
restrictions on it that he thinks we can, The concerns about being
in citizens' front yards and about public safety are legitimate and if
there is a way to actually document an increase in accidents that
can be attributed to that sign, his support for it will cease. Nothing
at this point causes him to go against it.
Mr. Nance stated that each step is clarifying the process a little
more and he wants to make sure the changes discussed tonight
are included.
The Mayor called for a motion and Mr. Nance made a motion
approving the Resolution to allow the Town Manager to enter into
the Memorandum of Understanding with the understanding that
the final sign design will be brought back to Council for their further
consideration and final approval. The motion also includes
amendments to the MOU, specifically with Item Nos, 1, 3, 8 and 9.
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Item-Ao. 1 is amended to add that the maximum size of tha
defining sign will include its base as that limitation in the size, Ite
No, 3 is amended to provide that the landscaping input by t
immediately adjacent properties shall take place within 60 days
completion of the sign. Item No, 8 is amended to list specifical
the four adjacent properties and when those properties a
redeveloped for commercial use, the sign will be removed by t
School Board. Item No. 9 is amended to add the language "publ
safety". I]
The Town Attorney also clarified that in addition the fact that th-.
final approval would come back to Town Council as opposed t#.
Town staff is also an amendment to the MOU in unnumbered
paragraph two.
Upon this Motion with amendments by Mr. Nance, seconded by
Ms. Fidler, with 5-0 vote, Council approved the Resolution with the
amendments to the MOU as noted in the record,
Approved Resolution No, 1940
authorizing the Town Manager to
execute the Memorandum of
Understanding, as amended as
this Council meeting, regarding
the electronic message board
monument sign in the Town of
Vinton's right-of-way located at
the intersection of Washington
Avenue and Bypass Road
The Town Manager commented on the Resolution to Approved Resolution No. 1941
appropriate $13,377.14 from VML Insurance as settlement for appropriating $13,377.14 from
damage to a dump truck. Upon motion by Mr. Nance, seconded VML as settlement for damage
by Ms. Fidler, with a 5-0 vote, the Resolution was approved as to dump truck to Wastewater
presented, System Maintenance Account.
The Mayor asked Council's consent in having Council
meetings at four different locations throughout the Town and
then directed the Town Manager and Town Clerk to proceed with
scheduling those meetings beginning with October. After
comments from the Town Manager, Mr. Nance suggested the
order be Midway community, then the Gladetown community and
follow with the other two. Department heads will be asked to
attend these meetings and if possible, a tour of each community
may be scheduled prior to the meeting time.
The Mayor advised Council that they will have a Closed
Session at the next meeting to discuss with legal counsel the
issue of our Invocations.
Comments from Council Members: Hare — suggested creating
another citizen committee that could aide and assist the Town in
keeping the Town maintained. Perhaps such a committee could
make a report on items they think need addressing and we can
empower them in a way they then can help
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The Town Manager stated that the entrance signs will be cleaned
up before Fall Festival and that staff needs to be more difigeni
2bout the expectation that the Town needs to be cleaned up. He
indicated he also needs to bring back to Council the
-2 "1104 ON A"bkwbai-
Mr. Nance expressed that he did not mean to extend or prolong
the sign discussion any longer. Ms. Fidler reminded everyone of
the Fall Waterway Clean Up on October 1s` and that the ROTC at
William Byrd is looking for community service jobs.
Upon motion by Ms. Fidler, seconded by Mr, Nance, with a 54
vote, the meeting was adjourned at 10:04 p,m,
A EST:
Susan N. Johnson, T wn Clerk
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