HomeMy WebLinkAbout9/1/2015 - RegularMINITES OF A REGULAR MEETING OF VINTON TOWN COUNCIL HELD AT 600 P.M.
ON TUESDAY, SEPTEMBER 1, 2015, 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
Sabrina McCarty
Janet Scheid
MEMBERS ABSENT: 1. Douglas Adams, Jr.
STAFF PRESENT: Christopher S. Lawrence, Town Manager
Theresa Fontana, Town Attorney
Donna Collins, Human Resources Director
Anita McMillan, Planning and Zoning Director
Karla Turman, Associate Planner/Code Enforcement Officer
Chad Helms, Lieutenant -Fire
Joey Hiner, Assistant Public Works Director
The Mayor called the work session to order at S6:00 po li
p.m. The first item was a briefing on t B ighl
Abatement Plans for: 123 Gus Nicks Boulevard, Tay
as Number 60.16-1-3, Zoned CB Central Business
District; 830 S. Pollard Street, Tax Map Number 60, 19-
4-4, Zoned R-2 Residential District; and 308-B 9th
Street, Tax Map Number 60.10-4-27. Zoned R-2
Residential District. Karla Turman began by
commenting that after the Spot Blight Abatement
Ordinance was passed last year, a team was put
together and five properties were reviewed. In August
of last year, letters were sent to all of the property
owners outlining the blight on their properties and
giving them 30 days to respond with a plan. With
regard to the property located at 1323 Hardy Road, it
has been demolished by the property owner. The
property at 530 North Blair Street has changed hands
several times and the newest owner acquired the
property in January of this year. He has started doing
some work on the property and has submitted a letter
indicating he will continue to make improvements.
Ms. Turman next commented on 123 Gus Nicks
Boulevard. After the notification letter was sent in
August of 2014 to the property owner, he left a
message in November that he had made
arrangements to demolish the house. A dumpster was
placed on the property at that time, but nothing has
been done. Also, there has been no further contact
with the property owner. She then showed and
commented on a series of pictures of the property.
Council Member Scheid asked if a title search was
done and Ms. Turman responded yes. Ms. Scheid
then asked the purpose of the title search and Ms.
Turman commented to make sure that we notify the
right property owner or owners. All the taxes on the
property are up to date and he did pay for the title
search.
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There was a concern that if we put a lien • the
property we would not be able to collect on that lien if
the •#• went to tax sale. There are legal cost
that the County incurs • have a tax sale which alway
get paid first. In the past the County paid their lien
first and we received what funds were left over, if any
Barry Thompson and our Town Attorney have met wit
the Roanoke County Treasurer and we now have
verbal agreement that there will be an appropriat
distribution of a pro-rata share of the remaining funds
However, it is fair to expect that the Town may not ge
• b.ck,
The taxes are fully • on the 123 Gus Nick
Boulevard property, so there is no legal trigger to forc
the sale of the #•#- The taxes would have to b
three years behind •« forcing a tax sale. Council
Member Scheid asked if the other two properties wer
up to date • the taxes. Ms. Turman commented tha
she felt the taxes on 308B gth Street were probably up
to date. Ms. Scheid then commented that the onl
property we would possibly be able to sell is the one a
830 South Pollard.
The Town Manager next commented that if the heirs to
a piece of property are in conflict regarding who owns
the property, there is a legal way that they can force a
sale of property through the Court to get a clear title for
a new •
Council Member McCarty asked how much it would
cost to demolish the properties. Ms. Turman
responded that earlier this year she received quotes
and by adding 20% to the median price to demolish
the house and clear the property it would be around
$29,000. For 830 South Pollard Street, the estimate is
about $18,000 in addition to the $2,500 that is already
owed in taxes, liens and the title search.
Vice Mayor Hare commented that we can go through
the process to have it legally torn down and then we
have a flat piece of land that the Town will have to pay
to have mowed for the next 70 years and the lien
continues to grow. It is not in the best •
of the
citizens to continue to invest in that property. He
wondered if there would be another solution such as
imminent domain.
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there will be some properties that the community can
assist with.
Vice Mayor Hare next asked if we could offer to
purchase the property # then the Town
can tear it down and sell it. We might be putting more
# front,but #' f have moreof of
getting some money back. The Town Manager
commented that the Town can •. • to buy property
# go through the real estate process and make an
offer. Vice Mayor Hare commented that the properties
should go through this process, but perhaps before we
condemn # ! we make « proposal.
The Town Attorney commented that if a properm,
owner is delinquent on their taxes, the best solutiI
would be a tax sale because # the title
the property. Otherwise, youwould have to #
releases from f f
subjectin favor of scheduling the Public Hearing on the thre.-.
properties. She then asked if there would be
more properties f Ms. Turman
responded that rightnow
most •# to the community.
Anita McMillan commented that in early 2000 after
notice was given of a Public Hearing to demolish three
houses, the property owners decided to demolish
Once they saw that the Townserious,
Mayor
The Mayor then asked if this is a plan that we a
going to pursue, #! we f# the routeof #
Hearing now or • " • that t
original # on states the Town may abate t
violation by demolition of the property. The prope
owner of 123 Gus Nicks Boulevard hasbeen «►
copy of the recommendation by staff for Council I
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.?,pprove to abate the property. The Town Manager
commented that the Public Hearings can still be held.
They are designed to meet a legal process to gain
input from the public. After the Public Hearings, staff
can be directed to do something further before action
,s taken.
The Town Attorney next commented that the property
can be demolished and if it goes to a tax sale, the
Town can be a bidder at the sale. Council may not
want to set a precedent that we are offering
individuals' money to buy their derelict properties.
After further comments from Vice Mayor Hare
concerning the taxes being up to date and not being
able to force a tax sale, the Town Attorney commented
that a tax sale can be forced to satisfy the lien. The
lien for the demolition becomes parity with the taxes,
The Town Manager commented that staff has always
understood that only real estate taxes are a trigger for
a government tax sale. The Town Attorney indicated
she can provide the citations in the Code and there are
enforcement procedures. If the government spends
money and tears the property down, we can go and
collect the money. She will provide Council with a
written legal opinion.
Council gave their consensus to direct the Planning
Commission to schedule their Public Hearing.
In lieu of time, the next item on the work session
relating to the briefing on the petition of Ms. Zizi
LoFaro, dba Healing Solutions, LLC, the Petitioner for
a Special Use Permit (SUP) to operate a counseling
services office at 36 W. Cleveland Avenue, zoned GB
General Business District was moved to the regular
meeting under the Town Manager's section.
The Mayor called the regular meeting to order at
7:10 p.m. The Town Clerk called the roll with Council
Member McCarty, Council Member Scheid, Vice Roll call
Mayor Hare and Mayor Grose present. Council i
Member Adams was absent. After a Moment of
Silence, Council Member McCarty led the Pledge of
Allegiance to the U.S. Flag.
111nder upcoming community events, Council
Member McCarty announced the upcoming Mingle at
the Market on September 12 1h . The Mayor announced
the Vietnam Veterans Traveling Memorial Wall will be
at the VA Hospital in Salem on September 16 1h through
20th
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Vice Mayor Hare made a motion to approve the
Consent Agenda as presented; the motion was
seconded by Council Member Scheid and carried by
the following vote, with all members voting: Vote 4-0;
Yeas (4) — McCarty, Scheid, Hare, Grose;
None; Absent (1) - Adams.
Under awards, recognitions and presentations,
Vice Mayor Hare read a Proclamation declaring
September as National Preparedness Month.
The next item on the agenda to consid 'o tio
'd er a of a Resolution authorizing the Town lvlanage�r t
execute an Agreement with the Commonwealth
Virginia, Office of Intermodal Planning and Investmen
for the Urban Development Areas (UDA) Plannin
Grant. The Town Manager began by commenting tha
he had provided Council with a Memo summarizing th
requirements of the grant. The grant is for $65,00
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and is connection with the State's new effort through
number of policies and programs to realign all th
transportation funding processes. They startedal
Vision Plan of 2040 to be implemented through Hous
Bill 2 which is now the structure for how projects will be
funded.
An example of their new goal is the Walnut Avenue
project, which was one big project from downtown to
the Town/City line. We were on the six -year plan, had
a couple of million dollars in the bank ready to go and
we realized with VDOT that it would not be enough,
So, we just did the bridge. It will take many years
before we get the next sections funded, under the old
model. The new model is that if a project is chosen
based on all of the criteria and formula, it will be fully
funded and guaranteed that it will be completed. This
is the good side, but the downside is a project may not
get funded for a long time because the competition for
frunds will be with projects all over the State based on
the five scoring factors.
There will still be a six -year improvement plan for th
State as well as House Bill 1887 which is the actua
budget to appropriate $25 billion over the next si
years. I
VDOT has established and fully funded this grant and
if Council chooses to go forward, we have already
been assigned a consultant. This will be a citizen-
d... iven, Council -directed process for the Town to
identify land use vision and issues, transportation and
how to we want to redevelop. The grant requires that
we amend our Comprehensive Plan and Zoning and
Subdivision Ordinance within one year of the
a
completion of the study which is estimated to take ten
months. We will decide what the amendment to •
Comprehensive Plan will be based on the principles of
a traditional neighborhood development. He and staff
have a telephone conference scheduled for Thursday
to get the process started.
The Mayor asked if some of these funds could be used
• the expense of the community meeting. Anita
McMillan responded the $65,000 will be paid to the
planning • for their services.
Council Member Scheid asked if we know anything
about the consultant being assigned to us. Ms.
McMillan responded that this same consultant is
working with the City of Salem. Also, they have
worked with the Town of Blacksburg and some
locaes in the Southwest. This is the second round of
this planning process.
Vice Mayor Hare expressed concern that if we declare
an urban development area it would force
development in certain areas and require the Town to
make dramatic changes that may not be the wishes of
the citizens, but those in Richmond and Washington
that feel we need to be more integrated economically
and socially. The Town Manager responded that an
urban development area, based on what he has read,
is fundamentally focusing on transportation demands
at they work through VDOT. It is more of an urban
mixed -use traditional neighborhood with
interconnected roads, sidewalks with homes that are
possibly less than one acre. It is a planning tool and if
we have the designation it will help with scoring for
VDOT projects. If we do not, it means we may not
score as high. It can be a designation that includes
the entire Town or just include certain areas, but it will
be up to us.
Roanoke County did not receive a grant because they
have their own planners to •• the work, but they are
defining their urban growth areas for approval by the
Planning Commission and ultimately the Board to be
everything outside of the Town boundary to the
Bedford County line Adopted Resolution No. 2116
authorizing the Town Manager to
Council Member Scheid made a motion to adopt the execute an Agreement with the
Resolution as presented; the motion was seconded by Commonwealth of Virginia, Office
Council Member McCarty and carried by the following of Intermodal Planning and
roll call vote, with all members voting: Vote 4-0; Yeas Investment for the Urban
(4) — McCarty, Scheid, Hare, Grose; Nays (0) — None; Development Areas (UDA)
Absent (1) - Adams. Planning Grant
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The Town Manager next commented that at the
September 1 51h Council meeting, a Council Member
needs to be appointed to serve on the UDA Grant
Committee.
The next item, which was moved fro.T theowo
session, related to the briefing on the p( ition f M
Zizi LoFaro, dba Healing Solutions, LLC, the Petition
for a Special Use Permit (SUP) to operate
counseling services office at 36 W. Cleveland Avenu -
zoned GB General Business District. Anita McMill
commented on the staff report that was provided wi
the agenda package. The Planning Commission w - briefed at their August 6, 2015 work session andil.
2015The Council Public Hearing will be
September 15, 2015.
The property is zoned General Business and the
surrounding properties are zoned either General
Business or Commercial Business except for one
property that is developed and still used a single
family. On August 18, 2015, the adjoining property
owners were mailed letters notifying them of the
request and the Public Hearing to be held. To date
they have not received any inquiries or objections, but
they do have the right to attend either of the schedule
Public Hearings.
The property was used as a real estate office and the
Building Commissioner has indicated that a change of
use will not be required.
Ms. McMillan next commented that the petitioner will
be doing the counseling, but in the future she may add
two additional staff. The hours of operation were also
provided in the staff report.
The petitioner did not submit any proffered conditions,
but during the Public Hearing the Planning
Commission and/or Council can impose conditions that
can be accepted or rejected by the petitioner.
Vice Mayor Hare asked what type of counseling
services would be provided and Ms. McMillan
responded the petitioner indicated it would be all types.
Council Member Scheid asked if she was a licensed
counselor and Ms. McMillan responded they did not
ask, but she will inquire.
The Mayor asked if there would be any overnight
patients and Ms. McMillan responded no based on
what was submitted and the structure does not have
accommodations, If she is to have overnight patients,
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the Building Commissioner would have to be notified.
She has indicated that it will be for an office -type use.
Council Member McCarty commented that when the
Chamber started Mingle at the Market, the Church on
the comer was offering AA meetings and they had an
issue with the alcohol being served so close to the
Church. She assumed this would not be a problem
with the counseling service since it is also close to the
Farmers' Market. Ms. McMillan responded that she
would contact her about the event.
Vice Mayor Hare commented that he had concerns
that this could turn into a drug -rehabilitation type of
counseling. He did not know how counseling would be
defined but he would not want it to grow into
something that we did not anticipate. Ms. McMillan
responded that she would refer this question to the
Town Attorney because the definition of "counseling
service" in our Zoning Ordinance is very broad and
general.
The Mayor commented on the curb and gutter wo"
that the Public Works Department has been doing
Town. The Mayor next read a written statement wi
his comments concerning two recent events--t
recent marriage ceremony of Council Member McCa
and Chris McCarty and the tragedy in which Ali
Parker and Adam Ward of WDBJ7 were killed a
Vicki Gardner of the Smith Mountain Lake Chamber
Commerce was injured, I
The next item on the agenda was to consider
cancellation of the October 1, 2015 Council meeting to
allow Council and Staff to attend the VML Annual
Meeting in Richmond, Virginia from October 4-7, 2015
Council Member McCarty made a motion to cancel the
October 1, 2015 Council meeting; the motion was
seconded by Vice Mayor Hare and carried by the
following vote, with all members voting: Vote 4-0;
Yeas (4) — McCarty, Scheid, Hare, Grose; Nays (0) —
None; Absent Adams.
The next item on the agenda was a report from the
Public Safety Committee, In the absence of Council
Member Adams, the Town Manager commented that
the minutes of the August 24 1h meeting were included
in the agenda package. He then made brief comments
on the Regional DUI Task Force matter and indicated
that Chief Cook recommended that due to staffing
levels in the department, they would not participate.
With regard to the replacement of the K-9 police car
that was totaled in an accident, the matter will be
referred to the Finance Committee for review and a
recommendation.
Approved cancellation of October
1, 2015 Council meeting
ff
The transition to 24-hour fire service has beerf7
completed and career staff and volunteers are working
very well together. With regard to the renovations to
the fire house, there have been some issues, but all
have been handled through the normal chain of
command. A final project for the Fire/Rescue Building
is to install a new electronic lock system at a cost of
$30,685.00. The Town and Roanoke County have
partnered to fund the new system with Roanoke
County contributing $15,000. Council will be
requested at a future meeting to approve the Town's
portion.
The Town Manager next commented on the new
ambulance grant to replace unit 23. We did not
receive the grant that was applied for in the Spring, A
new grant application will be submitted this Fall for a
career replacement ambulance. If this grant is not
approved, we will re-evaluate and bring the matter
back to the Committee, This is a partnership with
Roanoke County as well. Also, the format of the
monthly reports showing call volume and response
time for the volunteer fire, first aid crew and career
staff that are furnished to Council will be changed to
more accurately reflect a breakdown for the career
staff and volunteers.
With regard to the item in the minutes concerning
K-9 unit, Council Member Scheid asked what wou
happen to the dog and if it was purchased by t`1 I
Town. The Town Manager responded that he w
purchased using Asset Forfeiture Funds. We al
trying to evaluate if there is someone who can stE,
into that position since Officer Froeschl has resignE*
as the K-9 Officer to go back to patrol. If not, a
evaluation and decision will have to be made.
Council Member Scheid next asked if the
compensation study was going forward and was it
budgeted. The Town Manager responded it is not
budgeted, but he and the Human Resources Director
are evaluating the best way to accomplish
Scheid asked if there was a problem with doing the
study and proving the point that there are gaps in
compensation if there is not money in the budget to
correct those gaps. The Town Manager commented
that if we do the study we are going to have to be able
to respond to it in a reasonable amount of time.
Vice Mayor Hare made a motion that Council go
into a Closed Meeting pursuant to § 22-3711 A of the
1950 Code of Virginia, as amended, for discussion
t,1PA*k*9TWA** ##r iV114,
2uthorized by subsection I . The motion was seconded
M
Ivry Council Member Scheid and carried by the
following vote, with all members voting: Vote 4-0;
Yeas (4) — McCarty, Scheid, Hare, Grose; Nays (0) —
None; Absent (1) - Adams. Council went into Closed Certification of Closed Meeting
Meeting at 8:15 p.m.
At 9:01 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 Hare; seconded by
Council Member McCarty and carried by the following
roll call vote, with all members voting: Vote 4-0; Yeas
(4) — McCarty, Scheid, Hare, Grose, Nays (0) — None;
Absent (1) - Adams.
Vice Mayor Hare 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 4-0; Yeas (4) — McCarty,
Scheid, Hare, Grose; Nays (0) — None; Absent
Adams. The meeting was adjourned at Meeting adjourned
9:07 p.m.
APPROVED:
Bradley E. Grose, Mayor
: EST-
I,
Susan N.JoF
hnso Town Clerk
I
WA
AT A CLOSED MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDA
SEPTEMBER 1, 2015, AT 7:00 P.M. IN THE IN THE COUNCIL CHAMBERS OF TH
VINTON MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREE
VINTON, VIRGINIA I
�hx "M an-maIMMA
TTHEREAS, 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:
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 Hare, and seconded by Council Member McCarty, with all in
favor.
Clerk f Council