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HomeMy WebLinkAbout2/2/2016 - Regular1 Vinton Town Council Regular Meeting Council Chambers 311 South Pollard Street Tuesday, February 2, 2016 AGENDA Consideration of: A. 7:00 p.m. - ROLL CALL AND ESTABLISHMENT OF A QUORUM B. MOMENT OF SILENCE C. PLEDGE OF ALLEGIANCE TO THE U. S. FLAG D. UPCOMING COMMUNITY EVENTS/ANNOUNCEMENTS E. CONSENT AGENDA F. AWARDS, RECOGNITIONS, PRESENTATIONS 1. Presentation of Police Department Awards and Announcement of Promotions– Chief Dudley 2. Introduction of new Police Officer – Chief Dudley 3. Introduction of Accounting Manager – Barry Thompson G. CITIZENS’ COMMENTS AND PETITIONS - This section is reserved for comments and questions for issues not listed on the agenda. H. PUBLIC HEARING 1. Consideration of public comments concerning the proposed granting of a lease to Southern States Cooperative, Inc. for 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, said lease to be for a one-year period with no more than four additional one-year renewal terms. a. Open Public Hearing • Report from Staff – Pete Peters • Receive public comments • Council discussion and questions b. Close Public Hearing c. Council to consider adoption of Resolution Matthew S. Hare, Vice Mayor I. Douglas Adams, Jr., Council Member Sabrina McCarty, Council Member Janet Scheid, Council Member 311 South Pollard Street Vinton, VA 24179 2 I. TOWN ATTORNEY J. TOWN MANAGER ITEMS REQUIRING ACTION 1. Consider adoption of a Resolution allowing the Town Treasurer/Finance Director to remove outstanding Personal Property delinquent taxes and Vehicle License Fees over five years old from the active records to a permanent file. – Barry Thompson 2. Consider adoption of a Resolution allowing the Town Treasurer/Finance Director to remove outstanding Water and Sewer delinquent bills over five years old from the active records to a permanent file. – Barry Thompson 3. Consider adoption of a Resolution appropriating $7,833.00 received from the Department of Criminal Justice Services and the Town’s required $412.00 match for the purchase of two (2) Radar Speed Limit signs. – Chief Dudley BRIEFING 1. Update on recent snow event – Deputy Chief (Emergency Services Coordinator) Chris Linkous K. FINANCIAL REPORT FOR DECEMBER 2015 L. MAYOR M. COUNCIL 1. Comments from Council Members N. CLOSED MEETING 1. Request to Convene in Closed Meeting, Pursuant to § 2.2-3711 (A) (1) of the 1950 Code of Virginia, as amended, for discussion of prospective candidates for the Chief of Police. O. RECONVENE AND ADOPT CERTIFICATION OF CLOSED MEETING P. ADJOURNMENT NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT. Reasonable 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 NEXT TOWN COUNCIL MEETINGS/COMMITTEES: January 30, 2016 – 8:30 a.m. – Special Council Meeting – Closed Session – TOV Conference Room February 2, 2016 – 5:00 p.m. – Finance Committee Meeting – Finance Conference Room February 16, 2016 – 7:00 p.m. – Regular Council Meeting – Council Chambers Meeting Date February 2, 2016 Department Police Issue Presentation of Police Department Awards and Announcement of Promotions Summary Chief Dudley will present 5 Awards for our 2015 Awards Presentation and will announce two promotions in the Department. Attachments Agenda for presentation Recommendations None Town Council Agenda Summary Agenda for Police awards at Council Meeting February 2nd, 2016 Introduction Interim Chief Jeff Dudley Awards 1) Traffic Safety Award-----Sergeant Tim Lawless 2) Drug Award-----------------Corporal Michael Caldwell 3) D.U.I. Award-----------------Sergeant Greg Quesinberry 4) Leadership Award---------Sergeant Fabricio Drumond 5) Officer of the Year--------- Corporal Michael Caldwell Promotions Michael Caldwell to Corporal effective January 18th, 2016 James Spence to Corporal effective January 18th, 2016 Meeting Date February 2, 2016 Department Police Issue Introduction of new Police Officer Summary Chief Dudley will introduce Matthew Stafford, the new Officer in the Police Department. Attachments None Recommendations None Town Council Agenda Summary Meeting Date February 2, 2016 Department Police Issue Introduction of Accounting Manager Summary Barry Thompson will introduce Anne Whitehurst, the new Accounting Manager in the Finance Department. Attachments None Recommendations None Town Council Agenda Summary Meeting Date February 2, 2016 Department Administration Issue Consideration of public comments concerning the proposed granting of a lease to Southern States Cooperative, Inc. for 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, said lease to be for a one-year period with no more than four additional one-year renewal terms. Summary Southern States Cooperative Inc. currently leases five (5) lots from the town on Railroad Avenue for short term parking of trailers. The Plant Manager recently requested the Town to consider three (3) additional lots located on 11th Street. The three newly requested lots on 11th Street are identified as 60.14-2-24, 60.14-2-25 and 60.14- 2-26, and the five original lots on Railroad Avenue are identified as lots 60.14-2-1, 60.14-2-2, 60.14-2-3, 60.14-2-4 and 60.14-2-5. The eight total lots have been combined into one lease agreement for ease of management by both parties. The term of the lease will be for one year with four additional one-year renewals at a 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 Resolution Recommendations Conduct Public Hearing and motion to adopt Resolution Town Council Agenda Summary 1 THIS LEASE AGREEMENT, made and entered into this ____ day of January, 2016, by and between the TOWN OF VINTON, VIRGINIA, a Virginia municipal corporation, herein “The Town”, and SOUTHERN STATES COOPERATIVE, INC., 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 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 in advance, the sum of Eight Hundred and no/100 Dollars ($800.00) each year as rental, which shall be due each year on the anniversary of the date of 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 one year. The lease shall renew itself automatically on the same terms for no more than four additional one-year renewal terms, unless either party shall give notice of intention not to renew within thirty days of the expiration of the initial one-year term, or within thirty 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 SOUTHERN STATES COOPERATIVE, INC. By:_________________________________ By:__________________________________ Barry W. Thompson __________________________________ Interim Town Manager Print Name and Title APPROVED AS TO FORM: ______________________________ Theresa J. Fontana, Town Attorney RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL, HELD ON TUESDAY, FEBRUARY 2, 2016, AT 7:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, LOCATED AT 3ll S. POLLARD STREET, VINTON, VIRGINIA. WHEREAS, Southern States Cooperative, Inc. has requested to lease eight small lots from the Town located on 11th Street and Railroad Avenue for parking; and WHEREAS, during the negotiations and discussions between the Town staff, representatives of Southern States and the Town Attorney, a proposal was negotiated to lease said eight lots for the terms and conditions set forth in a Lease Agreement; and WHEREAS, pursuant to Sections 15.2-1800 (B) et seq., of the 1950 Code of Virginia, as amended, a public hearing was advertised and held on February 2, 2016 and all public comments have been considered by Council; and WHEREAS, Town staff recommends that said Lease Agreement between the Town and Southern States Cooperative, Inc. be executed to formalize said agreement between the parties. NOW, THEREFORE, BE IT RESOLVED, BY THE COUNCIL OF THE TOWN OF VINTON, VIRGINIA, AS FOLLOWS: 1. The Lease Agreement is hereby approved in a form substantially similar to the one presented to Council and approved by the Town Attorney; and 2. The Interim Town Manager is hereby authorized, for and on behalf of the Town, to execute and then to deliver the Lease Agreement and any other necessary documents in furtherance of the same; and This Resolution adopted on motion made by Council Member _________________, seconded by Council Member __________________, with the following votes recorded: AYES: NAYS: APPROVED: ___________________________________ Bradley E. Grose, Mayor ATTEST: Susan N. Johnson, Town Clerk Meeting Date February 2, 2016 Department Finance/Treasurer Issue Consider adoption of a Resolution allowing the Town Treasurer/Finance Director to remove outstanding Personal Property delinquent taxes and Vehicle License Fees over five years old from the active records to a permanent file. Summary According to State Code Section 58.1-3940, property taxes over five years old are not collectible. Also, according to State Code, these taxes may not be written off until after December 31st of the year for which such taxes were assessed. All efforts were made to collect the taxes including reporting them to the State Debt Set-Off Program. Attachments Resolution Recommendations Motion to adopt Resolution Town Council Agenda Summary RESOLUTION NO AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, FEBRUARY 2, 2016 AT 7:00 PM IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA WHEREAS, the Town of Vinton is maintaining records of outstanding Personal Property delinquent taxes for 2010 in the amount of $6,493.22; and WHEREAS, the Town of Vinton is maintaining records of outstanding Vehicle License Fees for 2010 in the amount of $10,230.70; and WHEREAS, the personal property taxes and vehicle license fees are over five years old and not collectible as prescribed by Section 58.1-3940, of the 1950 Code of Virginia as amended; and WHEREAS, the Finance Department has made all efforts to collect on these balances and has turned them over to collections and the State of Virginia Debt Set-Off Program. NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby direct the Town Treasurer/Finance Director to have the outstanding accounts removed from the active records and placed in a permanent file where, if the opportunity arises, the accounts may be collected. This Resolution adopted on motion made by ________________, seconded by ____________, with the following votes recorded: AYES: NAYS: APPROVED: _____________________________ Bradley E. Grose, Mayor ATTEST: Susan N. Johnson, Town Clerk Meeting Date February 2, 2016 Department Finance/Treasurer Issue Consider adoption of a Resolution allowing the Town Treasurer/Finance Director to remove outstanding Water and Sewer delinquent bills over five years old from the active records to a permanent file. Summary As of December 31, 2015, the water and sewer accounts over five years old and inactive have been deemed uncollectible in the amount of $9,820.41. All efforts have been made to collect the delinquent water and sewer bills including submitting them to debt set-off program for collection. The Delinquent listings are available in the Treasurer’s office and will be maintained in the event that an opportunity should arise to collect one of these outstanding accounts. Attachments Resolution Recommendations Motion to adopt Resolution Town Council Agenda Summary RESOLUTION NO AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, FEBRUARY 2, 2016 AT 7:00 PM IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA WHEREAS, the Town of Vinton is maintaining records of outstanding water and sewer accounts from 2010; and WHEREAS, as of December 31, 2015 the water and sewer accounts over five years old and inactive have been deemed uncollectible in the amount of $9,820.41; and WHEREAS, the Finance Department has made all possible efforts to collect on these outstanding balances including the submitting of these accounts to the debt set-off program. NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby direct the Town Treasurer/Finance Director to have the outstanding amounts removed from the active records and placed in a permanent file where, if the opportunity arises, the accounts may be collected. This Resolution adopted on motion made by ________________, seconded by ____________, with the following votes recorded: AYES: NAYS: APPROVED: _____________________________ Bradley E. Grose, Mayor ATTEST: Susan N. Johnson, Town Clerk Meeting Date February 2, 2016 Department Police Issue Consider adoption of a Resolution appropriating $7,833.00 received from the Department of Criminal Justice Services and the Town’s required $412.00 match for the purchase of two (2) Radar Speed Limit signs. Summary The Department of Criminal Justice Services has approved a grant for the Police Department in the amount of $7,833.00 to include a match of $412.00, to be paid by the Vinton Police Department. This funding, if approved by Council, will be used to purchase two (2) Radar Speed Limit signs. Our current equipment is outdated and needs to be replaced. Attachments Resolution Recommendations Motion to adopt Resolution Town Council Agenda Summary RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD AT 7:00 PM ON TUESDAY, FEBRUARY 2, 2016, IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA WHEREAS, the Vinton Police Department recognizes the need to keep all equipment in good working order and up to date; and WHEREAS, the Department of Criminal Justice Services (DCJS) has approved a grant for the police department in the amount of $7,833.00, to include a match in the amount of $412.00, to be paid out of the police departments budget; and WHEREAS, the Police Department would use these grant funds to purchase two (2) digital Radar Traffic Enforcement signs because the current equipment is out of date and needs to be replaced; and WHEREAS, the matching funds will be paid out of our current operating budget using account 200.3101.716, Other Equipment fund. NOW THEREFORE, BE IT RESOLVED, that the Vinton Town Council does hereby approve the following. APPROPRIATE FROM: 200.2404.005 BJAG One Time Equipment Grant $7,833.00 TO: 200.3105.305 BJAG One Time Equipment Grant $7833.00 TRANSFER FROM: 200.3101.716 Other Equipment $ 412.00 TO: 200.3105.305 One Time Equipment Grant $ 412.00 TOTAL $8,245.00 This Resolution adopted on motion made by Council Member ______________, seconded by Council Member ________________, with the following votes recorded: AYES: NAYS: APPROVED: ______________________________ Bradley E. Grose, Mayor ATTEST: _________________________________ Susan N. Johnson, Town Clerk Meeting Date February 2, 2016 Department Administration Issue Update on recent snow event Summary Deputy Chief (Emergency Services Coordinator) Chris Linkous will be present at the meeting to give this update. Attachments None Recommendations None Town Council Agenda Summary Meeting Date February 2, 2016 Department Finance/Treasurer Issue Financial Report for December 2015 Summary The Financial Report for the period ending December 31, 2015 has been placed in the Town’s Dropbox and on the Town’s Website. The Finance Committee will meet on February 2, 2016 to discuss this report and will make a presentation to Council at their Regular Meeting. Attachments December 31, 2015 Financial Report Summary Recommendations Motion to approve the December 2015 Financial Report Town Council Agenda Summary 1 Meeting Date February 2, 2016 Department Council Issue Request to Convene in Closed Meeting, Pursuant to § 2.2-3711 (A) (1) of the 1950 Code of Virginia, as amended, for discussion of prospective candidates for the Chief of Police. Summary None Attachments Certification of Closed Meeting Recommendations Reconvene and adopt Certification of Closed Meeting Town Council Agenda Summary AT A CLOSED MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, FEBRUARY 2, 2016 AT 7:00 P.M. IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA. CERTIFICATION THAT A CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA 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 that to the best of each member's knowledge: 1. 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 ___________________, and seconded by _______________ with all in favor. ___________________________________ Clerk of Council