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HomeMy WebLinkAbout9/5/2017 - RegularMINUTES OF A REGULAR MEETING OF VINTON TOWN COUNCIL HELD AT 700 P,M. ON TUESDAY, SEPTEMBER 5, 2017, IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGIVIU1 MEMBERS PRESENT: Bradley E. Grose, Mayor Matthew S. Hare, Vice Mayor Sabrina McCarty Janet Scheid STAFF PRESENT: Barry W. Thompson, Town Manager Susan N. Johnson, Executive Assistant/Town Clerk Pete Peters, Assistant Town Manager/Director of Economic Development Susan Waddell, Town Attorney Anne Cantrell, Treasurer/Finance Director Tom Foster, Police Chief Anita McMillan, Planning & Zoning Director Joey Hiner, Public Works Director Karla Turman, Associate Planner/Code Enforcement Officer The 44ayor called the regular meeting to order at 7:00 p.m. The Town Clerk called the roll with Council Member McCarty, Council Member Scheid, Vice Mayor Hare and Mayor Grose present. Council Member Liles was absent. Roll c2II 3 Under upcoming community events, Counch, Member McCarty announced the following events: Ford -Farmer's Market and September 1-17-Enemy of the People -Star City Playhouse. We will soon be getting ready for the Downtown Trick or Treating and the Fall Festival. Chief Guffey announced a Rescue Squad open house on September 24 th from 2:00 p.m. to 6:00 #.m. They have declared this month ou Recruitment Month, Also, on September 22", Party In the Park with Fuzzy Logic will be at the 11--armer's Market. Council Member Scheid announced that the Town is again hosting the Roanoke Valley Greenway Picnic at the Twin Creeks Brewery on October 8'h beginning at 4:00 p,m. Council Member Scheid made a motion tit. approve the Consent Agenda as presented; the motion was seconded by Council Member McCarty and carried by the following vote, with all members voting: Vote 4-0-1; Yeas (4) — McCarty, Scheid, as Hare, Grose; Nays (0) — None; Absent (1) — Lile . The next item on the agenda was a Proclamation for National Preparedness Month. The Mayor commented that this is a matter that the Town takes very seriously. We have a very extensive Emergency Operation Plan, but it is also very important for all of the citizens to have plans for their family in the event of an emergency. I The Town Manager commented that the month of September has been declared as National Preparedness Month and this years theme is "Disaster Don't Plan Ahead, You Can." The emphasis continues to be on preparedness' particularly for youth, elderly and persons with disabilities. There is a website, www.Ready.Gov/ Make -a -plan, where anyone can download and fill out a disaster plan for their individual self or their family. We all need to be informed and know what 4isasters could affect us in our area. We have just watched our friends in Texas go through a horrendous disaster that they will be dealing with for years to come and we have another hurricane on the horizon in Florida. Part of a disaster plan Will be how we would handle the emergency alerts and warnings and where we would find shelter and the plans for evacuation. This past week we reviewed our EmergeL Pncy Operations lan to make sure everything was in 2 14" 11 aul ;k 11L•IL The next item on the agenda was th.-V consideration of public comments regarding the petition of Ty Braxton for a Special Use Permit (SUP) to operate a flea market at 1125 and 1135 Vinyard Road, Tax Map Numbers 60.20-3-81.02 and 60.20-3-81,03, zoned GB General Business District. The Mayor opened the Public Hearing at 7:15 p.m. Karla Turman commented that the petitioner came to the Planning and Zoning Department earlier this year concerning the opening of a flea market at the location and was advised that it would require a Special Use Permit. He submitted all the necessary 0 0 m to indicate what revenue a flea market would bring into the surrounding area other than for those who bring items to sell and for Mr. Braxton. The Town Manager responded that Mr. Braxton would have to have a business license and we would require a business license from each one of his vendors. They would have to report their gross receipts to the Department of Taxation, We do not monitor that from the Town's perspective, but the Department of Taxation does come in and audit them periodically. Council Member Scheid asked how the vendor spaces would be leased out if someone wanted a space for just a day and if there would be a minimum. After further discussion, Mr. Braxton clarified that the outside spaces would be rented iIt. ily, but the permanent spaces inside would bem lease for a month. Council Member Scheid next asked if he would consider limiting his business to just inside. Mr. Braxton responded he would not be able to make a profit. The lease is pretty expensive and he does not want to chase out vendors on the inside by raising the price to where they are not making any money. The outside allows him to have 100 plus vendors and that is revenue he would have to report. With regard to the outside vendors, Vice Mayor Hare commented that they would be in the back and could not be seen from the road and Mr. Braxton responded that was correct. The Mayor asked about the capacity for outside vendors and Mr. Braxton responded it would range from 90 to 120 spaces. He would have to repaint the parking lot. Council Member Scheid asked how many vendors would be inside and Mr. Braxton responded there would be 30 spots, but some vendors might choose to have more than one spot. With regard to the outside vendors, the Town Manager commented they will not have a Tax ID or a business license. Mr. Braxton commented that vendors who are paying for a lease will complete the form and have a business license. The Town Manager further commented that Mr. Braxton would have to report the income from the outside vendors as income on his business license gross receipts. Mr. Braxton responded that the outside vendors would be charged a fee for a rental space. EI Council Member Scheid asked Mr. Braxton if he would also be controlling and limiting wl outside vendors can sell. Mr. Braxton responded that he would be doing walk-throughs along with the off -duty officers and the rules would be posted on the outside where they set up. 1#1418&7. 1 W jX,74jjjW,F LW7X�L1kV%7dA - A Council Member Scheid next commented that the presentation was excellent and that she appreciated Mr. Braxton's service. However, she would have a hard time supporting the request because she feels that this piece of property has the potential to generate significant local tax revenue and lend itself to complimentary businesses going in the area. Mr. Braxton next commented that he had spoken to the owner of the property who agreed something good can go in the building. However, the owner is currently losing money and they decided they would enter into a one-year contract. If something better comes along and he can sell, he is going to sell, Vice Mayor Hare commented that if Council approves the Special Use Permit they would have no control over that. Council Member Scheid commented that the Special Use Permit will belong to that property and it does not expire. The Mayor commented that he received a call from a citizen whose property backs up to this property and he is very much opposed to it and in particular the outdoor activities. He is concerned about what it is going to do to his property value if he tries to sell and not everyone wants a flea market as he put it "in their backyard". The Mayor commented that he had some concerns along those lines as well. The Mayor next commented that he appreciated Mr. Braxton's presentation. However, the information received from staff pointed out that we have very few sites in the Town that can be developed and he felt that this site was better suited for another type of business. He was also concerned that the more auccessful this business became the more negative impact it would have on the surrounding businesses. 61 The Mayor further commented on the road being very busy and in particular on Saturdays and that there have been litter issues in that area. He felt that even with Mr. Braxton's best intentions that this type of business would contribute to noise and litter. The increase in traffic would also create some safety issues and the work load for our public safety employees. He would have a difficult time supporting this business at that location. A gentleman spoke from the audience and Vice Mayor Hare commented that if he would like to I speak he would need to come up to the microphone and give his name and address. He chose not to come to the podium; however, Jim Hubbard came to the podium and asked what type of business the Town was looking at putting in that location. The Mayor responded that was a legitimate question and any type of business would obviously increase traffic; however, the traffic for this particular business, especially at the set-up time at 6:00 a.m. in the morning would affect the neighborhood close by and he was not sure how the noise could be controlled. With a restaurant, hopefully that traffic would be spread out throughout the week and would not be quite as congested. Council Member McCarty commented that she agreed with the comments from the other Council Members and would not make any additional comments due to her relationship with the owners of the adjoining properties, Vice Mayor Hare asked if she was abstaining from voting and Council Member McCarty responded no. Vice Mayor Hare commented based on his experience while living in Columbus, Ohio that when certain commercial areas were starting to go down, it seemed like they ended up turning into a flea market and those areas never came back up or lifted the area up. He wants to support businesses and believes in the free market, but also wants the types of businesses that will lift up the entire community. It would be unique for the Valley since we no longer have a flea market, but he could not see this being congruent with the businesses we want to bring to Vinton. Based on what has been presented and the experience he has had, he could not support it. Hearing no further comments, the Public Hearing was closed at 8:05 p.m, Public Hearing closed ro, Vice Mayor Hare made a motion to adopt the Denied Ordinance No. 988 approving Ordinance as presented-, the motion was seconded the petition of Ty Braxton for a by Council Member Scheid and carried by the Special Use Permit (SUP) to operate following roll call vote, with all members voting- Vote a flea market at 1125 and 1135 0-4-1; Yeas (0) — None; Nays (4) — McCarty, Scheid, Vinyard Road, Tax Map Numbers Hare, Grose; Absent (1) - Liles, 60.20-3-81.02 and 60.20-3-81.03, zoned GB General Business District The next item on the agenda was to consider adoption of a Resolution authorizing the Town Manager to execute an Amendment to the Extra - Territorial Arrest Agreement between the City of Roanoke, County of Roanoke, Town of Vinton and City of Salem. Chief Foster commented that the Roanoke County Board of Supervisors has already approved this Agreement. This Amendment relates to a record -keeping item with regard to the RACJIN system which they no longer use. The Town Attorney commented that legal had reviewed and approved the Agreement as to form and the legality and there is no significant substantive change to what was already in force. Adopted Resolution No. 2215 Vice Mayor Hare made a motion to adopt the authorizing the Town Manager to Resolution as presented; the motion was seconded execute an Amendment to the Extra - by Council Member McCarty and carried by the Territorial Arrest Agreement between following roll call vote, with all members voting: Vote the City of Roanoke, County of 4-0-1; Yeas (4) — McCarty, Scheid, Hare, Grose; Roanoke, Town of Vinton and City of Nays (0) — None; Absent (1) - Liles. Salem The Town Manager commented that Norfolk Southern will be doing maintenance and repair at th Ih the 8 Street Crossing on September 8 . Vice Mayor Hare asked if some signage could be put up now to alert the traffic. The Town Manager responded that he would check with them and that it would be for just the one day. The Mayor commented on the community policing event that the Police Department had on August 19th at Southampton Apartments and the recent Roanoke City State of the City. Under comments by Council: Council Memb McCarty commented that the War Memorial h been nominated for the 2017 Small Busine Awards under Not -for -Profit Arts and Cultu Itur Vinton businesses represented this year in th Small Business Awards. The winners will announced at the Banquet on October 5 th a ni there is space reserved for each Council Member they are available to attend. Council Memb McCarty commented it will be from 6:00 p.m. to 9:00 p.m. at the Hotel Roanoke. Council Member Scheid expressed appreciation to Debbie Adams for the article in the paper about the trash, Vice Mayor Hare commented that from the minutes of the last meeting he saw that Chief Oakes spoke to Council about scheduling a follow-up meeting. The Town Manager responded that he reached out to him last week, but has not heard back from him. Vice Mayor Hare next commented that he thought dinner before a Council meeting seems to work best for most and he does not want to lose the momentum. Vice Mayor Hare asked if there was any discussion on Valley Metro and the Town Manager responded they are scheduled to attend the Finance Committee meeting on September 21". Their Public Hearing is in October, but we will be attending their Board meeting on September 1 th 8 . Vice Mayor Hare next made comments on the recent hurricane in Texas and the one pending in Florida, how it has brought all people together and he hoped that it would not be temporary. The next item on the agenda was the request to convene in Closed Meeting, pursuant to § 2.2-3711 (A) (1) of the 1950 Code of Virginia, as amended, for the annual evaluation of the Town Manager. Council Member Scheid made a motion to convene in Closed Session; the motion was seconded by Vice Mayor Hare and carried by the following vote, with all members voting: Vote 4-0-1; McCarty, Scheid, Hare, Grose; Nays (0) — None; Absent (1) - Liles. Council went into Closed Session at 8:30 p.m. At 9:50 p.m., the regular meeting reconvened and 9ft Xed&ig m""-M'IUWfrV' accordance with State Code requirements was approved on motion by Vice Mayor Hare; seconded by Council Member Scheid and carried by the following roll call vote, with all members voting: Vote 4-0-1; Yeas (4) — McCarty, Scheid, Hare, Grose; Nays (0) — None, Absent Vice Mayor Hare made a motion to adjourn the meeting; the motion was seconded by Council Member Scheid carried by the following vote, with all members voting: Vote 4-0-1; Yeas (4) — McCarty, Scheid, Hare, Grose; Nays (0) — None; Absent (1) - Liles, The meeting was adjourned at 1100 p.m. OUNKWOU Bradley E. Grose, Mayor ATTEST: A� 1 CSC, Susan N. Johnson, C)41ic, Town Clerk U # WHEREAS, the Town Council of the Town of Vinton, Virginia has convened a closed meeti on this date, pursuant to an affinnative recorded vote and in accordance with t provisions of the Virginia Freedom of Information Act; and, I 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 1 Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Town Council. Clerk o Council ?E