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HomeMy WebLinkAbout3/2/2021 - Regular1 Vinton Town Council Regular Meeting Tuesday, March 2, 2021 at 7:00 p.m. PARTICIPATION WILL BE BY ELECTRONIC COMMUNICATIONS PURSUANT TO SECTION 15.2-1413, CODE OF VIRGINIA (1950), AS AMENDED, ORDINANCE NO. 1016 AND SECTION 4-0.01(G) OF CHAPTER 1289 OF THE 2020 ACTS OF THE VIRGINIA GENERAL ASSEMBLY The Vinton Town Council will hold its regular meeting at 7:00 p.m. on Tuesday, March 2, 2021, using electronic communication means without the public being present in the Council Chambers. Participation by Council members, staff, and the public will only be available through electronic means. The public will have access to observe this regular meeting of Town Council through a livestream on the Town’s Facebook page at www.facebook.com/ vintonva. Citizens may register to speak at this Council Meeting by calling the Town Clerk’s Office at 540-983-0607 or sending an email to sjohnson@vintonva.gov by 12 Noon on Monday, March 1, 2021. Once registered, the citizen who wishes to address Council will be provided the Zoom meeting information and will be allowed to join the meeting and address Town Council by electronic means. AGENDA Consideration of: A.CALL TO ORDER B.CONFIRMATION THAT MEETING IS BEING HELD IN ACCORDANCE WITH ORDINANCE NO. 1016 AND SECTION 4-0.01(G) OF CHAPTER 1289 OF THE 2020 ACTS OF THE VIRGINIA GENERAL ASSEMBLY AND ROLL CALL C.MOMENT OF SILENCE D.PLEDGE OF ALLEGIANCE TO THE U. S. FLAG E.UPCOMING COMMUNITY EVENTS/ANNOUNCEMENTS F.REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS G.CONSENT AGENDA 1.Consider approval of minutes of the Regular Council Meeting of February 16, 2021 H.AWARDS, INTRODUCTIONS, PRESENTATIONS, PROCLAMATIONS Bradley E. Grose, Mayor Sabrina M. McCarty, Vice Mayor Keith N. Liles, Council Member Laurie J. Mullins, Council Member Michael W. Stovall, Council Member 311 South Pollard Street Vinton, VA 24179 (540)983-0607 2 1. Introduction of new Police Officer – Chief Drumond 2. Vinton Historical Society/History Museum Report – Randy Layman I. CITIZENS’ COMMENTS AND PETITIONS - This section is reserved for comments and questions for issues not listed on the agenda. J. TOWN ATTORNEY K. TOWN MANAGER 1. BRIEFINGS a. Briefing on a proposed lease agreement with Cargill Animal Nutrition for the use of eight vacant lots that are adjacent to the mill for the purpose of temporary parking for trailers and an employee parking area – Town Manager b. Briefing on proposed Amendment No. 3 to Agreement for Application Hosting and Technology Support Services between Avenu Enterprise Solutions, LLC and the Town – Anne Cantrell c. Briefing on Resolution to appropriate $35,000 from Fund Balance to the Utility Fund Special Projects Expense Account for unresolved change orders on the Glade Creek Sanitary Sewer Line Relocation Project – Anne Cantrell 2. ITEMS REQUIRING ACTION 3. PROJECT UPDATES/COMMENTS L. APPOINTMENTS TO BOARDS/COMMISSIONS/COMMITTEES M. REPORTS FROM COUNCIL COMMITTEES N. MAYOR O. COUNCIL P. ADJOURNMENT NEXT COMMITTEE/TOWN COUNCIL MEETINGS: March 5, 2021 – 1:00 p.m. – 5:00 p.m. – Council Retreat NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT. efforts will be made to provide assistance or special arrangements to qualified individuals with disabilities in order to participate in or attend Town Council meetings. Please call (540) 983-0607 at least 48 hours prior to the meeting date so that proper arrangements may be made. 3 March 10, 2021 – 8:30 a.m. – Public Works Committee Meeting March 11, 2021 – 8:30 a.m. – Finance Committee Meeting March 16, 2021 – 7:00 p.m. – Regular Council Meeting Meeting Date March 2, 2021 Department Town Clerk Issue Consider approval of the minutes of the Regular Council Meeting of February 16, 2021 Summary None Attachments February 16, 2021 Recommendations Motion to approve minutes Town Council Agenda Summary 1 AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, FEBRUARY 16, 2021, AT 7:00 P.M. BY ELECTRONIC COMMUNICATIONS PURSUANT TO SECTION 15.2-1413, CODE OF VIRGINIA (1950), AS AMENDED, ORDINANCE NO. 1016 AND SECTION 4-0.01(G) OF CHAPTER 1289 OF THE 2020 ACTS OF THE VIRGINIA GENERAL ASSEMBLY MEMBERS PRESENT: Bradley E. Grose, Mayor Sabrina McCarty, Vice Mayor Keith N. Liles Laurie J. Mullins Michael W. Stovall STAFF PRESENT: Pete Peters, Town Manager Susan N. Johnson, Executive Assistant/Town Clerk Jeremy Carroll, Town Attorney Anne Cantrell, Finance Director/Treasurer Fabricio Drumond, Police Chief Anita McMillan, Planning & Zoning Director Nathan McClung, Principal Planner The Vinton Town Council meeting was held via Virginia Government Facebook Page. The Mayor The Town Clerk called the roll with Council Member Liles, Council Member Mullins Member Stovall, Vice Mayor McCarty Grose present and announced there was a quorum of Council. The Town Clerk next announced the names of staff and others present, confirmed that the meeting was being held in acc Town Ordinance No. 1016 and Section 4-0.01(g) General Assembly and that everyone present was participating by electronic means. Roll call After a Moment of Silence, Council Member Liles led the Pledge of Allegiance to the U.S. Flag. Under upcoming community events/ announcement, Vice Mayor McCarty announced the following: February 15-28 – Restaurant Weeks, which includes several Vinton restaurants. Council Member Stovall made a motion to approve motion was seconded by Council Member Liles and Approved minutes of the Regular Council Meeting of January 16, 2021; adopted Resolution No. 2410 appropriating funds in 2 voting: Vote 5-0; Yeas (5) – Liles, Mullins, Stovall, McCarty, Grose; Nays (0) – None. driveway apron The next item on the agenda was a briefing on Reassessment. County Real Estate Valuation, Clerk’s Office as a part of the permanent record. With regard to the increase in median sales prices for single-family residential, Mr. Fay commented that low interest rates and the limited number of supply drove considering the Pandemic. The Town Clerk commented that scheduled to conduct their Public Hearing on the tax rates on April 6, 2021. Pursuant to the State Code any assessment that results in an increase of one percent or more requires that the Notice be given at least 30 days prior to the date of the hearing. The Notice will run in the Vinton Messenger on March 4, 2021. The next item on the agenda was a briefing on the recommendation to issue Request for Proposals (RFPs) for debt funding for Town Capital Projects in the Utility Fund. Anne Cantrell first commented that Council had previously been projects in the Finance and Utility Departments and then turned the meeting over to with Davenport & Company. Mr. Rogers next part of the agenda package and will be on file in the record. Mr. Rogers commented that the utility system runs very well in terms of operational revenues paying for and above, the Town has had to go back and do rate increases. Over the past five years, we have been able to add to fund balance. In 2013 there was very little cash and one of the goals was to build up the cash to the recommended floor of able to operate for six months if ba days. In 2017 we got above the 180 and have been 3 With regard to the tax-exempt interest rates, Mr. Rogers commented that currently the rates are very good. In a Request for Proposal (RFP) out back before rates start going up. The bids would be due back March 10, 2021. The benefit of doing a direct bank loan is that the entire process could be completed in 30-45 days. Mr. Rogers requested that Council give a consensus for Davenport to send out the RFPs and recommendation back to Council at the March 16, held at that meeting. Council gave their consent for Davenport & Company to proceed with the RFPs. Proposals for debt funding The next item on the agenda to consider adoption of General, of Chapter 62, Offenses and Miscellaneous Provisions, of the Vinton Town Code. Nathan McClung first commented that this is a follow up from amendments relate to how provisions in the Town Code that deal with grass and storage and accumulation of trash and garbage. The two main changes would be moving to a civil penalty system as opposed to the current process with a provision for a court hea remains non- The other major change allows the Town to not only occupant of the property for violations. Mr. McClung next reviewed the PowerPoint presentation from the prior briefing, which will be on permanent record. Council Member Mullins made a motion to adopt the Ordinance as presented; the motion was seconded by Council Member Liles and carried by the following roll call vote, with all members voting: Vote 5-0; Yeas (5) – Nays (0) – None. Adopted Ordinance No. 1029 amending Offenses and Miscellaneous Provisions, of the Vinton Town Code The next item on the agenda was to consider adoption of a Resolution Understanding (MOU) between the City of Roanoke, Town of Vinton, Counties of Roanoke and Botetourt, 4 Convention and Visitors Bureau for the 2021 Ironman 70.3 Race Support Services. The Town Manager first participating in the Ironman 70.3, which is scheduled to be held on June 6, 2021. This MOU spells out and the Triathlon host of the Ironman organization well as expenses of the localities hosting the event. A stretch of the cycling will take place in the Town and we will public safety. Primarily our responsibility will involve the Police in closing the dedicated entrances into the public rights-of-way and protecting they pass through Town. Our O overtime and the MOU will provide for reimbursement for those direct expenses. Council Member Stovall made a motion to adopt the Resolution as presented; the motion was seconded by Vice Mayor McCarty and carried by the following roll call vote, with all members voting: Vote 5-0; Yeas (5) – Nays (0) – None. The Town Manager further commented now that all of the local governments have approved the MOU, the next planning phase of the event will begin. We will start meeting with the community members and impacts of the event and how we can communicate the variations of what roads will be closed and how individuals will be able to navigate around Town We anticipate that residents and visitors the morning of June 6th will be between the hours of 8:00 a.m. and 12 Noon. Adopted Resolution No. 2411 authorizing Counties of Roanoke and Botetourt, World Triathlon Corporation and Roanoke Valley 2021 Ironman 70.3 Race Support Services The Town Manager commented that in consultation with the Mayor a decision made that the State of the Town will be virtual this year. The event was delayed from March with anticipation that restrictions would have cleared up with COVID Pandemic by that point, but with the Governor’s restrictions still in place, we do not feel like we can have it in person. RVTV will be doing the production for us with participating and the Mayor doing narration of the State of the Town address. The 5 March 11th date, will be communicated to Council and through all of our social media. With regard to the Gish Mill project, staff continues to meet with the different stakeholder groups and there are a lot of moving pieces and overlapping time lines with this project. A lot of documents have been drafted next several months Council for their consideration. The Town Manager next commented that staff has received word from the Virginia Housing & Community Development (DHCD) that the Town was not rehabilitation grant. We have not had any feedback from DHCD, but will do a follow-up and will provide that information back to Council. We plan to re- submit our cycle. The Town Manager announced that been extended to another Police Officer, Robert Rowell, and Chief Drumond will do an introduction at a future Council meeting. Under Appointments to Boards/Commissions/ Committees, Vice Mayor McCarty that unexpired term of Justin Davison appo Appeals for a five-year term beginning February 16, 2021 and ending February 15, 2026; the motion was seconded by Council Member Mullins and carried by the following roll call Vote 5-0; Yeas (5) – Liles, Mullins, Stovall, McCarty, Grose; Nays (0) – None. Council Member Mullins made a motion that Henry Burch be re-appointed to new three-year terms on the Highway Safety Committee beginning March 6, 2021 and ending March 5, 2024 and that Lee Minnix be appointed to a three-year term beginning March 6, 2021 and ending March 5, 2024; the motion was seconded by Council Member Liles and carried by the following roll call vote, with all m Vote 5-0; Yeas (5) – Liles, Mullins, Stovall, McCarty, Appointed Meghan Noga to complete the unexpired term of Justin Davison 2022; appointed Teresa Davis alternate to the Board of Zoning Appeals for a five-year term beginning February 16, 2021 and ending February 15, 2026 Re-appointed Guffey, Sarah Reid and Craig Burch to new three- Committee beginning March 6, 2021 and ending March 5, 2024; appointed Lee Minnix to a three-year 6 The Mayor commented that we still have a vacancy on the RVTV Committee and an alternate position on the Board of Zoning Appeals. He encouraged any citizens who might be interested to complete an application and turn that into the Town Clerk, which is available on the website. The Town Clerk made Committee. Under reports from Council Committees, Anne Cantrell provided a report on the Finance Committee which met on February 8, 2021. Ms. Cantrell next reviewed a PowerPoint presentation, which part of the agenda and will be on file in the Town Ms. Cantrell reviewed the December 2020 Financial Report reviewed a spreadsheet showing the cash balance throughout the years. Just three years ago we had year and now it is at $2 million. Council Member Stovall made a motion to adopt the Resolution as presented; the motion was seconded by Council Member Mullins a following vote, with all members voting: Vote 5-0; Yeas (5) – Liles, Mullins, Stovall, McCarty, Grose; Nays (0) – None. Report The Mayor expressed appreciation to staff for their hard work especially during the recent weather events. The Mayor next commented on the success of the soft opening for Joe Goodpies, opening of Artworks and expressed appreciation to Debbie Adams on the recent article “Vinton is under Construction” in The Vinton Messenger. The Mayor next commented that he was disappointed at the relating to moving the May elections to November. Comments from Council: Vice Mayor McCarty commented on two Vinton Police Officers that were assisting someone with a disabled vehicle. Council Member Liles commented on the work of the Public events. Council Member Mullins commented on the RVTV Committee and that they will do a great job with the State of the Town address. Council Member Stovall expressed appreciation to Town staff and 7 Town. All Members of Council commented on the recent soft opening of Joe Goodpies. Council Member Liles made a motion to adjourn the meeting; the motion was seconded by Vice Mayor McCarty with all members voting: Vote 5-0; Yeas (5) – Liles, Mullins, Stovall, McCarty, Grose; Nays (0) – APPROVED: _________________________________ Bradley E. Grose, Mayor ATTEST: ______________________________ Susan N. Johnson, CMC, Town Clerk Meeting Date March 2, 2021 Department Police Issue Introduction of new Police Officer Summary Chief Drumond will introduce the newest Police Officer, Robert Rowell. Attachments None Recommendations No Action Required Town Council Agenda Summary Meeting Date March 2, 2021 Department Administration Issue Vinton Historical Society/Vinton Museum Report Summary Randy Layman, President of the Vinton Historical Society, will be at the meeting to give this report. Attachments None Recommendations No action required Town Council Agenda Summary Meeting Date March 2, 2021 Department Administration Issue Briefing on a proposed lease agreement with Cargill Animal Nutrition for the use of eight vacant lots that are adjacent to the mill for the purpose of temporary parking for trailers and an employee parking area. Summary Discussion of granting of a lease to Cargill Animal Nutrition for three (3) lots lying on the south side of 11th Street identified as 60.14-2-24, 60.14-2-25 and 60.14-2-26 and five (5) lots lying on Railroad Avenue identified as 60.14-2-1, 60.14-2-2, 60.14-2-3, 60.14-2-4 and 60.14-2-5, all of which are located in the Town of Vinton, Virginia. The term of the lease will be for one (1) fifteen (15) month term, with no more than three (3) additional one-year renewals at a total cost of $800 per year. Due to the property being originally acquired by the town through a FEMA flood mitigation project, the entire annual lease revenue will be donated to the Vinton Needy Family Program, Inc. Attachments Map of property Draft Lease Agreement Recommendations No action required Town Council Agenda Summary 1 THIS LEASE AGREEMENT, made and entered into this 1st day of April, 2021, by and between the TOWN OF VINTON, VIRGINIA, a Virginia municipal corporation, herein “The Town”, and CARGILL ANIMAL NUTRITION, a Virginia corporation, herein “Tenant”, whose address is: Post Office Box 509, Vinton, Virginia 24179. WITNESSETH: WHEREAS, Tenant operates an animal feed manufacturing, storage, and shipping facility on Railroad Avenue in the Town of Vinton, Virginia, and WHEREAS, Tenant is in need of parking spaces for employees and also for trailers which are used to ship Tenant’s products, and WHEREAS the Town owns eight (8) small lots (described below) on 11th Street and Railroad Avenue and near Tenant’s facility which it has agreed to lease to Tenant for this purpose, NOW THEREFORE, in consideration of the premises and the mutual covenants exchanged hereby, the parties agree that: 1. The Town hereby agrees to lease to Tenant and Tenant hereby agrees to rent from Town those certain three (3) lots lying on the south side of 11th Street identified as 60.14-2-24, 60.14-2-25 and 60.14-2-26 and those five (5) lots lying on Railroad Avenue identified as 60.14-2-1, 60.14-2-2, 60.14-2-3, 60.14-2-4 and 60.14-2-5, all of which are located in the Town of Vinton, Virginia, referred to collective herein as “The Property”. 2. Tenant shall pay to the Town the sum of Eight Hundred and no/100 Dollars ($800.00) each year as rental, which shall be due July 1st for each renewal year for this lease agreement. The first year’s rental shall be paid to the Town upon the execution of this lease. Payment shall be made at 311 South Pollard Street, Vinton, Virginia 24179. 3. Tenant’s exclusive use of the property shall be for the temporary parking of employee vehicles and truck-trailers used for shipping. 4. Tenant acknowledges that The Property is an area designated by the Director of the Federal Emergency Management Agency (FEMA) as a Special Flood Hazard Area, and that Tenant is not permitted to construct any permanent improvements on The Property. Minimal leveling of the lot and use of gravel for stabilizing the lot surface will be permitted. 2 5. Tenant acknowledges that The Property was purchased by the Town with proceeds from a federal flood mitigation grant and that The Property remains subject to certain conditions and restrictions, including without limitation: a) The Property shall be used only for purposes compatible with open space, recreational, or wetland management practices, and other uses enumerated in 44 CFR § 206.434. b) The Property is subject to inspection by FEMA, its representatives and assigns, including the Commonwealth of Virginia. c) The Property is subject to inspection by the Town to the extent necessary for the Town to meet its reporting obligations established by the grant conditions. Tenant covenants that it will cooperate fully with the Town, FEMA, and any authorized government agency to ensure that no laws, statutes, ordinances or grant conditions are violated. 6. Tenant hereby agrees to indemnify, defend and save harmless the Town from and against all liabilities, claims, expenses, costs, losses and damages, including, but not limited to reasonable attorney’s fees arising from or in connection with this lease and Tenant’s use of The Property. 7. The term of this lease shall be for a period of fifteen (15) months. The lease shall renew itself automatically on the same terms for no more than three (3) additional one-year renewal terms, unless either party shall give notice of intention not to renew within thirty (30) days of the expiration of the initial one-year term, or within thirty (30) days of the expiration of any subsequent one-year renewal term. 8. The Tenant agrees that if he fails to observe or perform any of the conditions or covenants on his part to be observed or performed, and such default continues for thirty (30) days after the receipt of a written notice from the Town, such written notice to be mailed by registered mail to Tenant at Post Office Box 509, Vinton, Virginia 24179, the Town shall have the right to declare this lease terminated, and upon so declaring the Town shall have the right to immediately enter and possess the premises. 9. This lease contains the entire agreement between the parties and may be changed only by a written amendment, signed by both parties. This lease shall be governed by the law of the Commonwealth of Virginia. It shall not be assigned by Tenant without the prior written approval of the Town. 3 WITNESS the following signatures and seals: TOWN OF VINTON, VIRGINIA CARGILL ANIMAL NUTRITION By:_________________________________ By:__________________________________ Richard W. Peters, Jr. Matt Vanhoose Town Manager Plant Manager APPROVED AS TO FORM: ______________________________ Jeremy Carroll, Town Attorney Meeting Date March 2, 2021 Department Finance/Treasurer Issue Briefing on proposed Amendment No. 3 to Agreement for Application Hosting and Technology Support Services between Avenu Enterprise Solutions, LLC and the Town of Vinton Summary The Town of Vinton entered into an agreement with ACS Enterprise Solutions, Inc. on November 1, 2011. Based on the agreement, ACS is to provide remote hosting and service of software that was previously hosted locally at the Town. The ownership of ACS Enterprise Solutions, Inc. has changed multiple times since the original agreement and price increases from the original agreement have been included in the budget process. In 2018, Avenu Holdings, LLC became the current owner of the hosting agreement and Amendment No. 3 to the Agreement makes necessary updates to the Agreement and renews the current pricing terms with the Town. The Town is in process of upgrading its ERP Software to Tyler Munis, but does not anticipate a full conversion until January 2022. The Town will need to continue to maintain its existing software agreement until a transition is completed and data is extracted from the original system for archive purposes. Finance staff recommended an internal budget transfer to cover the unplanned increase for FY21, and will request additional funding for the increase during the FY22 budget process. Attachments Amendment No. 3 Recommendations No action required Town Council Agenda Summary Meeting Date March 2, 2021 Department Finance/Treasurer Issue Briefing on Resolution to appropriate $35,000 from Fund Balance to the Utility Fund Special Projects Expense Account for unresolved change orders on the Glade Creek Sanitary Sewer Line Relocation Project Summary The funding for the Glade Creek Sanitary Sewer Line Relocation Project in the amount of $14,450.00 and a contract for the Glade Creek Streambank Restoration Project in the amount of $59,980.00, with a total project cost not to exceed $89,430.00 was approved by Council on April 21, 2020. Council also authorized the Town Manager to approve change orders on this project not to exceed a total amount of $10,000.00. Due to delays in permitting and re-certification for Responsible Land Disturber (RLD), only $3,285.00 of said funds were used by the end of FY2019-2020 and Council approved to re- appropriate the remaining funds of $86,145.00. Because of unforeseen circumstances, the Town of Vinton had to change vendors, which resulted in additional unplanned charges. During the relocation project, the contractor encountered rock charges not accounted for during the original contract price and has invoiced the Town of Vinton for these charges. Council will need to take action at their March 16, 2021 meeting to approve additional funding in the amount of $35,000.00. Attachments None Recommendations No action required Town Council Agenda Summary 1 Meeting Date March 2, 2021 Department Council Issue Appointments to Boards/Commissions/Committees Summary Council needs to make appointments to the following: Board of Zoning Appeals Joseph Robertson has resigned from the Board of Zoning Appeals effective December 18, 2020. Kellie Moore has submitted her application and is interested in being appointed as an alternate to complete Mr. Robertson’s unexpired term beginning March 2, 2021 and ending June 30, 2022. Roanoke Valley Regional Cable TV Committee Ray Sandifer has submitted his application and is interested in being appointed to fill the vacant citizen position for an unexpired term beginning March 2, 2021 and ending August 31, 2021. Attachments None Recommendations Nominate and motion to appoint individuals Town Council Agenda Summary