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HomeMy WebLinkAbout9/4/2018 - RegularMINUTES OF A REGULAR MEETING OF VINTON TOWN COUNCIL HELD AT 7:00 P ON TUESDAY, SEPTEMBER 4, 2018, IN THE COUNCIL CHAMBERS OF THE VINTO MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTO VIRGINIA I MEMBERS PRESENT: Bradley E. Grose, Mayor Sabrina McCarty Janet Scheid Michael W. Stovall STAFF PRESENT: Barry W. Thompson, Town Manager Susan N. Johnson, Executive Assistant/Town Clerk Susan Waddell, Town Attorney Anne Cantrell, Treasurer/Finance Director Pete Peters, Assistant Town Manager/Director of Economic Development Anita McMillan, Planning & Zoning Director Joey Hiner, Public Works Director Tom Foster, Police Chief Christopher Linkous, Deputy Chief-Fire/EMS Fabricio Drumond, Deputy Police Chief The Mayor called the regular meeting to order at 7:00 p.m. The Town Clerk called the roll with Council Member McCarty, Council Member Scheid, Council Member Stovall and Mayor Grose present. Vice' Mayor Liles was absent. After a Moment of Silence, Council Member Stovall led the Pledge of Allegiance to the U.S. Flag. Under upcoming community events, Council Member McCarty announced the following: September 8 — Mingle at the Market with Seven Mile Ford; October 13 — Fall Festival-, October 31 — Downtown Trick or Treat, Pete Peters announced the Open House at the Lancerlot on September 15 — 11:00 to 4.00 p.m. Chief Foster made comments regarding the upcoming 9/11 Anniversary and read a quote from Senator Bob Taft, "What happened on September 11 compels us to focus on who we are as Americans, what we stand for, and what really matters in our lives —family, friends, faith and freedom," Under awards, introductions, presentations, proclamations, Chief Foster made brief comments and introduced Jessica Parker, the new Executive Assistant to the Chief in his Department. Deputy Chief Linkous made • on this year's theme for National Preparedness Month, "Disasters Happen, Prepare Now, Learn How", The Mayor presented the Proclamation to Deputy Chief Linkous. The next item on the agenda was consideration of public • on the proposed amendment to the Town of Vinton Comprehensive Plan to adopt and incorporate by reference the 2018 Roanoke Valley Greenway Plan, The Mayor opened the Public Hearing at 7:14 p.m. Public Hearing opene* Anita McMillan commented that Liz Belcher briefed Council on August 21, 2018 regarding the proposed amendment. As indicated in the staff report, the Planning Commission held its Public Hearing on August 2, 2018 and voted' unanimously to recommend that Town Council amend the Vinton Comprehensive Plan to adopt and incorporate by reference the 2018 Roanoke Valley Greenway Plan. The Ordinance has been presented for Council's consideration, Hearing no comments, the Mayor closed the Public Hearing at 7:15 p.m. ' Public Hearing closed Council Member Scheid made a motion to adopt the Ordinance as presented; the motion was seconded Adopted Ordinance No. 996 to by Council Member Stovall and carried by the following amend the Town of Vinton roll call vote, with all members voting: Vote 4-0; Yeas Comprehensive Plan to adopt and (4) — McCarty, Scheid, Stovall, Grose; Nays (0) — incorporate by reference the 2018 None; Absent (1) - Liles, Roanoke Valley Greenway Plan The next item on the agenda was a briefing on the Town of Vinton's proposal to grant a ten year renewal of the cable television franchise held by CoxCom, LLC, d/b/a/ Cox Communications Roanoke ("Cox"), The Town Attorney began by commenting on a list of bullet points that was provided to Council. Roanoke City, Roanoke County and the Town have been renegotiating the 15-year 2003 franchise agreement with Cox Cable which will expire this year. The new agreement contains substantial technical changes to bring the requirements in line with the technological advances since 2003. With regard to the 5% franchise fee, Roanoke City had requested that the fee be taken out of the agreement and put in a separate Ordinance. The Town Attorney recommended that it be a part of the agreement unless Council thought they would want to change the fee substantially over the next ten years. 0 Cox wanted the agreement for another 15 years and tl�, localities wanted it for five years, so all parti negotiated a 10-yearagreement. There is also includ language to ensure that we will be able to ha connectivity between our cable system and a] *roadband systems in the future. The Town Attorney next commented that in the past, liabilities were secured by a performance bond, but the new agreement will be secured by a letter of credit, which could be drawn on if they defaulted rather than having to make a claim from the insurance company. The agreement also provides for Cox to maintain a complaint log and make a report to the Town through a designated Committee. Also, the Town will have the option to impose an additional $0.20 per month fee to cover certain costs for our government access channels. After further discussion and questions concerning the complaint log, Council recommended that the Committee to receive the complaint log should be defined as the RVTV Committee, The Mayor asked what the other localities are doing about the option to impose the additional $0.20, The Town Attorney responded they are not planning on doing anything with it at this time, but they just wanted it in the agreement. The Town Manager commented that the Public Head I on the matter will be held on September 18, 2018 a Council will be requested to adopt an Ordinan following the Public Hearing. - The next item on the agenda was to conside adoption of a Resolution authorizing the Town Manage to execute an Assistance Agreement with the City Roanoke for rental of City equipment for a solid wast collection emergency. The Town Manager commented that Council was briefed at the August 21, 2018 meeting on this Agreement and reviewed the summary provided e e 0 I d g I d with the agenda package. Council Member McCart I made a motion to adopt the Ordinance as presented; the I motion was seconded by Council Member Scheid and carried by the following roll call vote, with all members voting: Vote 4-0; Yeas (4) — McCarty, Scheid, Stovall, Grose; Nays (0) — None; Absent The next item on the agenda was to consider adoption of a Resolution to request authorization from the Virginia Racing Commission to license up to 500 Historical Racing Terminals within the Town of Vinton and grant approval to the Colonial Downs Group LLC to operate the terminals within a satellite pari-mutuel wagering facility to be located within the Town of Vinton. Flidopted Resolution No. 2258 authorizing the Town Manager to execute an Assistance Agreement with the City of Roanoke for rental of City equipment for a solid waste collection emergency 141 Pete Peters began by commenting that the operation of para-mutuel horse wagering was approved by referendum on November 4, 2003 and Town Council amended the zoning regulations in 2004 to allow such facilities as a by -right use within the General Business District of our Zoning Ordinance, The Colonial Downs facility was subsequently constructed on Vinyard Road and was in operation until 2014. After contract negotiations between the facility owner and the Virginia Horseman's Alliance were not successful, the contracts were not extended and all off-track facilities in the State were closed. Earlier this year House Bill 1609 was passed by theit House and Senate and signed into law by the Governor. The Bill amended the State Code to also permit' historical wagering terminals within licensed off-track horse racing facilities. This new revenue model and growth potential has attracted new investment interest into the State's horse racing industry and created an avenue to potentially open up to 10 off-track betting facilities across the State including the possible re- establishment of the facility within the Town. Mr. Peters further commented that the Governor directed the Virginia Racing Commission (VRC) to terminals and the VRC requested comments and suggestive edits from the horse racing business communiti* off-track operatxv� and the public at large. He, the Mayor and the Town Manager attended the VRC's public meeting in Richmond on July 31The Mayor made comments at that public meeting and staff also submitted a letter to the VRC and the Governor's Office in early August. The Resolution requests that the VRC authorize up to 500 historical racing terminals to be permitted within the LLC to operate the terminals within a licensed para- -.16 . W-011 W-W-1 W-1• 1-f7i"Mrs next corn en a e s, I , 11 *n Page 2 of the Resolution needs to be corrected to read "up to 500 historical racing terminals" instead of "at least". In response to a question from Council Member Scheid about historical racing terminals, Mr. Peters explained the previous para-mutuel wagering facilities were based on satellite -fed live races. The historical racing terminals use a kiosk showing previously run horse races with 2 screened information being filtered such as horses' names, jockeys' names, location and date, but gives certain statistical information to allow someone to make a reasonable bet similar to a live horse race, These regulations are tied to a certain number of live races that required within the State of Virginia. Council Member Scheid next asked if there was A possibility in the future that Colonial Downs would allowed wagering on football games. Mr. Pete responded that the General Assembly would have authorize and sign it into law and then local governme entities would make those decisions on an individu basis. The Mayor commented that the purpose of the new law was to make it more profitable with a portion of the proceeds going to help promote horse racing in Virginia. Mr. Peters commented that a percentage of every wage placed on a race is paid out to the participants in that Adopted Resolution No, 2259, as betting pool, but a large portion of those proceeds is paid corrected, to request authorization out to the racing industry or the Virginia Horseman's from the Virginia Racing Alliance and their counterparts. Commission to license up to 500 Council Member Stovall made a motion to adooffil the Resolution as corrected; the motion was second by Council Member McCarty and carried by t following roll call vote, with all members voting- Vo 0; Ya() — McCarty, Scheid, Stovall, Grose; Na None; Absent I 4-es 4 The Mayor commented on the success of recent block party sponsored by The Conner Group. Comments from Council: Council Member McCarty reminded Council of the invitation to the ribbon cutting grand re -opening of Food Lion October 10t". The next item on the agenda was a request to convene in Closed Meeting, pursuant to § 21-3711 (A) (3) of the 1950 Code of Virginia, as amended, for discussion or consideration of the acquisition of real property located in the Vinton downtown area for a public purpose, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body and pursuant to § - 2.2-3711 (A) (7) of the 1950 Code of Virginia, as amended, for consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body concerning the Town's appeal to an employee grievance Historical Racing Terminals with the Town of Vinton and gra approval to the Colonial Dow Group LLC to operate the terminal I within a satellite pan mutu I h' wagering facility to be located wit �11 the Town of Vinton 9 determination. Council Member Scheid made a motion to convene in Closed Session; the motion was seconded vote, with all members voting: Vote 4-0; McCarty, Scheid, Stovall, Grose; Nays (0) — None; Absent (1) - Liles. Council went into Closed Session at 7:43 p.m. At 9:20 p.m., the regular meeting reconvened and t Certification that the Closed Meeting was held accordance with State Code requirements w approved on motion by Council Member Schei seconded by Council Member McCarty and carried the following roll call vote, with all members voting: Vo 4-0; Yeas, (4) — McCarty, Scheid, Stovall, Grose; Na None; Absent I Council Member Scheid made a motion to adjoudla the meeting; the motion was seconded by Coun Member McCarty and carried by the following vote, wi all members voting: Vote 4-0; Yeas (4) — McCart Scheid, Stovall, Grose; Nays (0) — None; Absent (1 Liles. The meeting was adjourned at 9:22 p.m.. Bradley E. Grose, Mayor Susan N. Johnson, OMC, Town Clerk A UtHO to MEN WIn In 01 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 th to the best of each member's knowledge: i I 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 Council Member Scheid and seconded by Council Member McCarty with all in favor. Clerk o Council