HomeMy WebLinkAbout12/19/2017 - Regular1
Vinton Town Council
Regular Meeting
Council Chambers
311 South Pollard Street
Tuesday, December 19, 2017
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. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA
ITEMS
F. CONSENT AGENDA
1. Consider approval of the minutes:
a. Regular Council meeting of November 21, 2017
b. Regular Council meeting of December 5, 2017
G. AWARDS, INTRODUCTIONS, PRESENTATIONS, PROCLAMATIONS
1. Police Department – Chief Tom Foster
a. Report on the Department
b. Introduction of new Officer
c. Officer of the Month for November
2. Report on the Vinton Volunteer First Aid Crew for November 2017– Chief Wayne
Guffey
3. Report on the Vinton Volunteer Fire Department for November 2017 – Chief
Richard Oakes
H. CITIZENS’ COMMENTS AND PETITIONS - This section is reserved for comments and
questions for issues not listed on the agenda.
I. TOWN ATTORNEY
Bradley E. Grose, Mayor
Matthew S. Hare, Vice Mayor
Keith N. Liles, Council Member
Sabrina McCarty, Council Member
Janet Scheid, Council Member
311 South Pollard Street
Vinton, VA 24179
(540) 983-0607
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J. PUBLIC HEARING
1. Consideration of public comments regarding the petition of Brigitte Howard for a
Special Use Permit (SUP) to operate a family home day care at 1567 South Pacific
Drive, Tax Map Number 061.09-01-42, zoned R-1 Residential District
a. Open Public Hearing
• Report from Staff – Anita McMillan
• Receive public comments
• Council discussion and questions
b. Close Public Hearing
c. Consider adoption of an Ordinance
K. PUBLIC COMMENT
1. Consideration of public comments regarding the Town’s intention to assess housing
conditions in the community and the feasibility of implementing a housing
rehabilitation program and to survey residents and/or potential beneficiaries to
confirm housing needs and income status
a. Open Public Meeting
• Report from Staff – Pete Peters/David Hill
• Receive public comments
• Council discussion and questions
b. Close Public Meeting
c. No action required
L. BRIEFINGS – TOWN MANAGER
1. Briefing on the results of an RFP issued by VML/VACo for financing to purchase
certain equipment from the General Fund and Utility fund from the Town Manager’s
CIP Funding List for Fiscal Year 2017-2018 – Anne Cantrell
M. ITEMS REQUIRING ACTION – TOWN MANAGER
1. Consider adoption of a Resolution approving the lease financing of equipment and
authorizing the execution, delivery and performance of a master equipment
lease/purchase agreement and separate schedules to it and related documents and
actions – Anne Cantrell
2. Consider adoption of a Resolution approving a variance of the Town’s Noise
Ordinance to Avis Construction Company, Inc. – Town Manager
N. TOWN MANAGER
O. MAYOR
P. COUNCIL
Q. ADJOURNMENT
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NEXT TOWN COUNCIL/COMMITTEE MEETINGS:
December 21, 2017 -1:30 p.m. – Finance Committee meeting – TOV Conference Room
January 2, 2018 – 7:00 p.m. – Council Meeting – Council Chambers
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
Meeting Date
December 19, 2017
Department
Town Clerk
Issue
Consider approval of the minutes:
a. Regular Council meeting of November 21, 2017
b. Regular Council meeting of December 5, 2017
Summary
None
Attachments
November 21, 2017 minutes
December 5, 2017 minutes
Recommendations
Motion to approve minutes
Town Council
Agenda Summary
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MINUTES OF A REGULAR MEETING OF VINTON TOWN COUNCIL HELD AT 7:00 P.M.
ON TUESDAY, NOVEMBER 21, 2017, 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
Keith N. Liles
Sabrina McCarty
Janet Scheid
STAFF PRESENT: Barry W. Thompson, Town Manager
Susan N. Johnson, Executive Assistant/Town Clerk
Theresa Fontana, Town Attorney
Pete Peters, Assistant Town Manager
Anne Cantrell, Treasurer/Finance Director
Tom Foster, Police Chief
Anita McMillan, Planning & Zoning Director
Joey Hiner, Public Works Director
William Herndon, Assistant Public Works Director
The Mayor called the regular meeting to order at
7:00 p.m. The Town Clerk
Council Member Liles,
Council Member Scheid, Vice Mayor Hare and
Mayor Grose present.
Roll call
After a Moment of Silence, Council Member
Scheid led the Pledge of Allegiance to the U.S. Flag.
Under upcoming community events, Council
Member McCarty announced
November 25-9:00 am to 12 Noon-
High School-
Vinton throw blankets for sale for $45 which can be
Town Manager’s Office. This is an early-bird special
through December 20th
Christmas Parade on November 30th at 7:00 pm.
Vice Mayor Hare made a motion to approve the
seconded by Council Member Scheid and carried by
the following vote, with all members voting: Vote 5-
0; Yeas (5) – Liles, McCarty,
Nays (0) – None.
Council meeting of October 17, 2017
The next item on the agenda was a report on the
reported that in comparison of October 2016 with
October 2017, there has been a 3% increase in calls
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208; drug arrests are up 53% from 15 to 23 and
overall criminal arrests are up 18% from 55 to 65.
Also, the DUI arrests are up 85% over the total for
the year in 2016.
Chief Foster read his Memo recognizing Officer
Danny Cox
Officer Cox was present at the meeti
The next item on the agenda was a report on the
Vinton Volunteer First Aid Crew for October 2017. In
the absence of Chief Guffey,
Sayre gave the report. The
was 480 of 480 possible hours for 100%; a unit was
in service 100% of the volunteer time; 239 total calls
truck was marked up 95% and a BLS Unit
They responded to 106 out of 122 calls during
volunteer hours at 87%
calls. The Fractile Response time was 9.11 with
volunteers. They currently have 49 members.
Vice Mayor Hare asked why the numbers on the BLS
calls have
responded that ALS is the level of the truck, which is
higher than BLS. They want an ALS truck in service
more because it can handle all of the calls
dispatched and they have been able to get more
medics to run during the weeks for those shifts.
The next item on the agenda was the report on
2017. Chief Oakes reported that for the month they
ladder call for an accidental activated commercial fire
alarm.
recruitment for the department. Jennifer Sexton with
Roanoke County has a banner ready fo
place on th
entrances to the Town. With regard to the fire calls,
he will get with Chief Linkous to see if he can run the
call reports for him to have the first of the year.
The Town Manager
RVTV and will be moving forward with some 30
second PSAs with both
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and he is willing to visit the Jefferson College of
Health Sciences with him.
The Town Manager made comments on behalf of
Kenny Fuller with the Vinton Old School Cruise-In
Foster for their support and
Cruise-Ins and presented them each with a t-shirt.
Under citizens’ comments and petitions, Melinda
Reams of North Blair Street, Vinton, expressed
vehicles being routed by their GPS onto Ruddell
Road and causing accidents at the intersection
There is no signage to warn trucks.
commented that he had met with the Officer who
worked the accident that
with a commercial vehicle. He plans to meet with
signage using the verbiage
possibly “No Through Trucks” as well. We will also
have to contact
Town limits and the City line meet
intersection.
GPS.gov is
dangerous routes.
The next item on the agenda was a briefing on
Zoning & Subdivision Ordinances. Anita McMillan
first commented that the Planning Commission has
been given this presentation and then she gave her
Power Point presentation.
presentation is on file in the Town Clerk’s Office and
will be made a part of the permanent record.)
Council Member Scheid commented that Airbnb’s
responded that they are on the list. Council Member
Scheid also commented that sidewalks
important as well as getting builders to do
stakeholder that we may want to
Association.
the UDA Consultant would like to have a kick-off
that meeting before Christmas break.
commented that
her presentation the issue of regulations of auxiliary
buildings would also be an important topic.
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Melinda Reams from the audience asked about
regulations concerning telecommunication
Ms. McMillan
Commission and the Town has to go by those
regulations.
The next item on the agenda to consider
adoption of a Resolution appropriating $119,340.12
Vehicles, $79,560.00 in federal funds and the Town’s
required $39,780.00 in-
participation in the DUI Task Force Grant. Chief
Foster commented that this is a multi-jurisdictional
Task Force that the Town became a part of in March
of 2017. It has been very successful and pays 100%
of the Officer’s salary, b
vehicle and vehicle equipment for up to five years.
the Resolution should read “2017-
“2018-2019”.
Council Member Liles
Resolution as revised
Council Member McCarty a
following roll call vote, with all members voting: Vote
5-0; Yeas (5) – Liles, McCarty, Scheid, Hare, Grose;
Nays (0) – None.
Adopted Resolution No. 2224
revised,
grant received from the Department of
Motor Vehicles, $79,560.00 in federal
$39,780.00 in-
participat
Grant
The next item on the agenda was to consider
adoption of a Resolution app
Town’s required in-
equipment.
the Department received approximately $8,000 and
he was very pleased to
amount this year. These funds will pay the officers
for their off-
about the in-
that this will come out of the Department’s budget for
fuel and maintenance and repair.
Council Member Scheid made a motion to adopt the
Resolution as presented
by Vice Mayor Hare and carried by the following roll
call vote, with all members voting: Vote 5-
(5) – Liles, McCarty, Scheid, Hare, Grose; Nays (0) –
None.
Adopted Resolution No. 2225
Motor Vehicles, $24,750.00 in Federal
funds and the Town’s required in-kind
equipment
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The next item on the agenda was to consider a
motion to postpone action on the Town’s proposed
elimination of certain Valley Metro bus stops within
the Town’s limits. At the November 7th meeting,
Council conducted a Public Hearing on this matter
and that
the November 21st meeting.
public comments, staff contacted
regarding some alternative routes
information was received and di
the Council meeting.
not have sufficient time to thoroughly
information.
The GRTC Board approved the FIXED rate increase
from $1.50 to $1.75 yesterday, but they did not
approve limiting the STAR unlimited pass. We are
also still examining the impact of their action on the
Town. Staff is requesting
time to look at alternatives.
Council Member Scheid made a motion to postpone
action on the Town’s proposed elimination of certain
Valley Metro bus stops within the Town’s limits
indefinitely; the motion was seconded by Vice Mayor
Hare
all members voting: Vote 5-0; Yeas (5) – Liles,
McCarty, Scheid, Hare, Grose; Nays (0) – None.
Approved postponing action on the
certain Valley Metro bus stops within
the Town’s limits indefinitely
The next item on the agenda was to consider
Historic Tax Credit program.
Resolution. Council Member Liles made a motion
was seconded by Council Member McCarty.
Council Member Scheid commented on the
importance of the program not only to the Town
because the
properties in Town.
today indicated you get $1.28 back for every $1.00
you spend with this program.
commented
use the program. Vice Mayor Hare commented that
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The motion was carried by the following roll call vote,
with all members voting: Vote 5-0; Yeas (5) – Liles,
McCarty, Scheid, Hare, Grose; Nays (0) – None.
support of the fede
Credit program
The Town Manager expressed to Council and all
of the Town’s employees a Happy Thanksgiving.
Under reports from Council Committees, Chief
Foster reported from the Public Safety Committee.
The Committee met on November 6th
primary topic was a presentation from Bill Hunter
with Roanoke County regarding a
replacing
approximately 20 years old and will be phased out at
the end of 2019.
A joint agreement was reached
County and the Cities of Roanoke and Salem. The
Town’s share is 28 portable radios
radios with an estimated cost of $143,000. This
amount also includes $10,000 for
warranty costs which is based on our percentage of
the overall number of radios purchased. Without
this cooperative arrangement
at a one-time cost of $250,000. The radio system
to be purchased will be operational according to
communications for a period of about 20 years. The
old radios
even though they may not be supported on the true
valley-wide network
that we continue to utilize these radios for purposes
such as public works.
Other topics discussed were an adjustment that has
been made to traffic flow during special events in the
and prevent quick Fire/EMS responses. Chief
Guffey reported that he is looking for a gr
purchase an
system as it expands to be able to respond to EMS
calls.
open.
The Mayor commented on the success of the
the Roanoke Valley Preservation Foundation for the
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Apartments and the recent meeting with the
Volunteer Fire Department. The Mayor wished
everyone a Happy Thanksgiving.
Comments from Council: Council Member Liles
commented on the success of the last Mingle. Council
Member Scheid asked when the signs would be
removed from the Valley Metro bus stops and the
Town Manager responded
of. All members of Council wished everyone a Happy
Chief Foster gave a quote from Franklin Delano
Roosevelt, “In the final months of this year, now almost
spent, we find our Republic and the Nations joining us
waging a battle on many fronts for the preservation of
liberty. In giving thanks for the greatest harvest in the
history of our Nation we who plant and reap can well
resolve that in the year to come we will do all that is in
our power to pass that milestone; for by our labors in
the fields we can share some part of the sacrifice with
our brothers and sons who wear
United States.
Under appointments to Boards/Commissions/
Committees
Committee
amendments pertaining to the UDA areas
the design guidelines.
nominated Council Member Liles and Council Member
Planning Grant Steering Committee. The nomination
was seconded by Vice Mayor Hare and carried by the
following vote, with all members voting: Vote 5-0;
Yeas (5) – Liles, McCarty, Scheid, Hare, Grose; Nays
(0) – None.
Council Member Scheid to the Urban
Grant Steering Committee.
Vice Mayor Hare made a motion to adjourn the
Member Scheid
members voting: Vote 5-0; Yeas (5) – Liles, McCarty,
Scheid, Hare, Grose; Nays (0) – None. The meeting
APPROVED:
_______________________________
Bradley E. Grose, Mayor
ATTEST:
______________________________
Susan N. Johnson, CMC, Town Clerk
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MINUTES OF A REGULAR MEETING OF VINTON TOWN COUNCIL HELD AT 7:00 P.M.
ON TUESDAY, DECEMBER 5, 2017, 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
Keith N. Liles
Janet Scheid
MEMBERS ABSENT: Sabrina McCarty
STAFF PRESENT: Barry W. Thompson, Town Manager
Susan N. Johnson, Executive Assistant/Town Clerk
Susan Waddell, Town Attorney
Pete Peters, Assistant Town Manager
Anne Cantrell, Treasurer/Finance Director
Donna Collins, Human Resources Director
Tom Foster, Police Chief
Fabricio Drumond, Deputy Police Chief
Anita McMillan, Planning & Zoning Director
William Herndon, Assistant Public Works Director
The Mayor called the regular meeting to order at
7:00 p.m. The Town Clerk
Council Member Liles, Council Member Scheid, Vice
Mayor Hare and Mayor Grose present. Council
Member McCarty was absent.
Roll call
After a Moment of Silence, Madison and Isabella
Chandler led the
Flag.
Under upcoming community events, Council
Member Liles announced
December 12 – 6-7:30 p.m.–
meeting-War Memorial.
Chief Foster made brief comments and gave a
quote from Cicero, “Gratitude is not only the greatest
of virtues, but the parent of all others”.
Council Member Scheid made a motion to
approve the Consent Agenda as presented; the
motion was seconded by Council Member Liles and
carried by the following
voting: Vote 4-0-1; Yeas (4) –
Grose; Nays (0) – None; Absent (1) - McCarty.
Approved minutes of the Regular
Council meeting of November 7, 2017
November 14, 2017
Chief Foster introduced Josh Chandler, the new
Officer in his Department and made brief comments.
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Isabella, who led us in the Pledge to the U. S. Flag
earlier in the meeting.
Carden of Vinton commented
Public Hearing on November 7th
stops. He next referred to one of the comments at
late for a doctor’s appointment that they will not see
you. Mr. Carden next showed his i
Keepers, Inc. and commented that it has a toll-free
medical and other appointments.
The next item on the agenda was a presentation
of the June 30, 2017
LLP and consider adoption of a Resolution approving
and accepting said Report.
commented that we received an unmodified opinion
Gilmer with Brown Edwards & Company, LLP.
public presentation of their audit to
deliverables will be discussed in detail with the
Finance Committee on December 11th. The
fraud protection unless it
suggestions for management.
With regard to the CAFR,
The Town receiv
Department should be very proud of.
discussion and analysis which explains what
happened in the Town this year.
In terms of the General Fund,
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fund balance went down approximately $80,000, but
when you are dealing with $2.8 million that
compares with is how many months of expenditures
dollars come in the door, how many months could
the Town survive. Generally the average is 2-3
level. Last year it was 3.8 months and this year it is
3.6.
Management activity and a new fund was created
This is a trend in the State with municipalities starting
to charge fees for stormwater and segregating those
activities to find out how much stormwater is costing
This year the enterprise a
some expenses and activity in the General Fund and
Utility that are now going over to this new fund. This
is not currently a self-
subsidized between the other two funds
intention is for this fund to eventually be self-
sufficient.
For the total enterprise activity, the change net
position was $450,000
stormwater
General Fund is self-sufficient and is
seven percent. With
approximately $1.25 million in cash was provided by
million. The difference came from taking on some of
the expenditures for the new stormwater fund.
With regard to the Notes to Financial Statements, the
came out in 2005 of approximately 20 pages. Next
year the CAFR will be even larger because there is
an OPEB (other post-
already a liability on the books now, but there is even
a larger liability that is associated with it that will go
on the books.
change anything.
Vice Mayor Hare asked if a government would have
4
where they may. Council Member Scheid asked
what other post-employment benefits would be. Mr.
paying in the future and the actuarial takes all of this
data and accrues it to the present day to find out the
present day liability. The Town Manager commented
that we have to have the actuarial done every three
years. We
according to the new OPEB calculation and included
in next year’s financial statements.
liability and it is their
agencies have already been taking this into
commented that the only thing we have is our retiree
health insurance.
information and referred to page 73, which lists all of
80 that lists all of the principal employers.
one that we have dates back
Town’s size and staffing, it is not feasible to separate
everything, but we have worked with the Town to get
it to the current level. Last year we had
finding, but it was cleared this year.
There is Audit Committee letter which is done at the
beginning and end of the audit and a management
reviewed in detail with the Finance Committee.
Vice Mayor Hare commented that the Town
well last year, but that fund balance was used to
balance the year out, which was $80,000. A lot of
diligence went in
there were some
and once it was recognized, steps were taken to
mitigate as best we could.
Vice Mayor Hare
Resolution
by Council Member Scheid
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4-0-1; Yeas (4) – Liles, Scheid, Hare, Grose; Nays
(0) – None; Absent (1) - McCarty. Report
The next item on the agenda was briefing on
South Pacific Drive, Tax Map Number 061.09-01-42,
zoned R-1 Residential District.
less children, which is allowed under our zoning
ordinance. Ms. Howard is now requesting to take
care of five or more, which is allowed by a Special
Use Permit of up to 12 children.
In 2009 the zoning ordinance was amended to
include a definition for family day home that as long
as it is less than 13 children under the age of 13, we
would allow under Special Use Permit. The State
Co
home has to be licensed if you have more than five
up to 12 children. This is one of the amendments
ordinance amendments.
because sh
application she stated that she had a building permit
and built a deck onto her house which is required by
children to be outside.
Ms. McMillan next commented that with a Special
have the right to put conditions on the Permit. When
the SUP was issued to the Pilates
Drive, there was some concern about the sign. Ms.
Howard would be allowed up to a two-
sign
reservation about her putting up a free-standing sign
There is a family day care home in Gladetown that
does not have a sign.
Friday from 7:00 a.m. to 5:30 p.m. She does have a
required to provide off-stree
house that can have up to two spaces. As required
by the State Code, they notified not only the adjacent
sign. To date they have received no phone calls or
letters from the adjoining property owners.
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In response to a question from Council Member
Scheid
McMillan commented
licensed if you have five or more children unless
does not include your own children. As of 2016, they
have to be licensed if they are caring for more than
four. Council Member Scheid asked how many day
care homes are in the Town and
re
licenses.
are caring for less than five, but they have to get the
home occupation permit.
next asked if we have had any issues with any of the
no. Council Member Scheid then commented to Ms.
McMillan that she appreciated her suggestion on the
sign.
care for more than two under the age of four. Vice
Mayor Hare asked who polices that and Ms.
care homes like they do child daycare centers, only if
they get a complaint.
Hearing this Thursday at 7:00 p.m.
The next item on the agenda was a briefing on
Development (DHCD)
to the Downtown Business District.
notification that we have been awarded up to
assessment by January 15th. Staff is
already been done and updating the plan. We are
required to have a public input meeting which we will
hold at the December 19th Council meeting and also
requires two downtown management team meetings.
submit the summary by the January 15th deadline
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consultant’s assistance, but it opens up a pool of
resources to develop a full strategic plan for a
housing rehabilitating program.
process that
construction funds. We plan
another and we could utilize one of the programs to
help with our match for the other side.
Counci
pleased to see us moving forward with this because
Council strategic planning session as a way to
downtown area. She then requested that the 2004
study be placed in Dropbox for Council. Mr. Peters
include Council.
The Town Manager commented that a meeting
has been scheduled with RVTV tomorrow evening at
Department
the PSAs and the longer running program.
Under reports from Council Committees, Vice
Mayor Hare
October Financial Reports are in Dropbox and he will
reviewed last month by the Finance Committee.
With regard to the General Fund, we are within $335
of the projection. Prop
down by approximately $5,000, but is also up slightly
over last year. The cigarette tax is very
budget, but is actually down about $10,000 year-over
year.
On the expense side, it shows
underspent due
Creek Greenway was
We are going to push that out to the end of the year
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Also, we are working on carving out another fund to
manage the grants and to separate them from the
General Fund.
On the
billing being delayed by a day and it did not show up
in the October statements.
Vice Mayor Hare made a motion to
September 2017 and October 2017 Financial
Reports; the motion was seconded by Council
Member Scheid and
with all members voting: Vote 4-0-1; Yeas (4) –
Liles, Scheid, Hare, Grose; Nays (0) – None; Absent
(1) - McCarty.
Approved
October 2017 Financial Reports
Vice Mayor Hare next commented that the
Finance Committee would like to revisit the garbage
truck because we have gone out for bid to fund with
debt to purchase the garbage truck. The PowerPoint
presentation from the Public Works Committee dated
June 6, 2017 was shown for reference.
Vice Mayor Hare next commented that there are four
options—
would be retrofitted with flippers for some future use
as well as retrofit any existing back-up truck with the
flippers; purchase the truck the same way
cash for trashcans that would work with the flippers;
how the negotiations with
purchase the trashcans later.
Council Member Liles commented on the fact that
Roanoke County
but Town residents are not. V
commented that as part of the gain sharing they do
pay us $110,000 a year
never been a change in that amount.
Vice Mayor Hare next commented that o
challenges is that these vehicles are breaking down
the risk if we continue to run them as we do that we
Council Member Scheid commented it
trash because we do not have a vehicle.
The Mayor commented that
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has continually made a good point about the
trashcans and the possibility of reducing litter and
keeping up the appearance of our neighborhoods
He would be in support of purchasing the trashcans
along with the truck. The negotiations with Roanoke
an appeal to them for a grant for the cans since we
only get $110,000 and we are Roanoke County
citizens.
Council Member Sche
believed it would make a big difference not in just the
Town. However, if we
the cans it will come with some change of culture in
how residents handle their trash.
action item to
purchase the truck at the December 19th Council
meeting. We could not afford the debt payment this
year because of the expenses incurred to repair the
current
approximately $17,000 at this point. Joey Hiner and
team have located $20,000 in the budget that can be
shifted around--
Walnut Avenue; $7,500 savings from the purchase of
salt and $7,500 to camera another one of our
need to do bridge maintenance and there are four
have to do so
cannot keep doing the same thing.
truck and trashcans together
discussed
an option if Council would like for them to investigate
it. The Finance Committee discussed using the
reserve funds to buy the trashcans as a one-time
purchase to save interest.
will have a future payback.
the cost of the trashcans to the citizens. The Town
Manager commented that Roanoke City included an
collection. Staff has checked with other localities to
see who currently charges a fee and that information
th
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The Mayor commented on the success of the
Christmas parade.
wanted to reschedule the Council Retreat for some
time in mid-
suggested topics
15th. A list of the topics will be compil
circulated back around to come to a final agenda.
Comments from Council: Council Member Liles
commented that he thought the Public Safety
Committee meeting listed on the agenda was
cancelled and Chief Foster responded it was. Council
Member
Christmas parade. She also commented
heard an urban planner speak recently to the fact that
communities of the future need to attract the
towns and ar
where they could live, work and play and it occurred to
her
advantage of that trend.
Vice Mayor Hare also commented on the succe
the parade. He then
running for re-election again next year and made brief
comments.
Council Member Liles made a motion to adjourn
the meeting; the motion was seconded by Vice Mayor
Hare
voting: Vote 4-0-1; Yeas (4) – Liles, Scheid, Hare,
Grose; Nays (0) – None; Absent (1) - McCarty. The
APPROVED:
_______________________________
Bradley E. Grose, Mayor
ATTEST:
______________________________
Susan N. Johnson, CMC, Town Clerk
Meeting Date
December 19, 2017
Department
Police
Issue
Police Department
a. Report on the Department
b. Introduction of new Officer
c. Officer of the Month for November
Summary
Chief Foster will give a report on the efforts of his Department and introduce Kris Moore, a new
Officer in his department.
Chief Foster will also read his Memo and recognize Detective Sergeant Valerie Cummings
as Officer of the Month for November.
Attachments
None
Recommendations
No action required
Town Council
Agenda Summary
Meeting Date
December 19, 2017
Department
Vinton Volunteer First Aid Crew
Issue
Report on the Vinton Volunteer First Aid Crew for November 2017
Summary
Chief Wayne Guffey will be present to give this report to Council.
Attachments
November 2017 Report
Recommendations
No action required
Town Council
Agenda Summary
Vinton First Aid Crew Inc.
P.O. Box 314
Vinton VA 24179
Office of the Chief
WGuffey@vintonems.com
November 2017 Report
Volunteer Truck hours was 463 of456 possible hours for 101 %(Holiday Coverage)
We had a unit in service 101% of the volunteer time
Had 2 units in service for 51 hours
187 Total calls
o 91 career hour calls Monday thru Friday 0600-1800
o 96 Volunteer hours calls Night, weekend.
Medic truck marked up 81 % and a BLS Unit 19%
Responded to 71 out of 96 calls doing volunteer hours 70%
Handled 68 out of 96 calls doing volunteer hours 85%
o Out of the 25 calls career handled 17 were 2nd emergency calls
Fractile Response time was 10.09
1729 man hours for the month of November
Total of 135 transports
o Career 87
o Volunteer 46
49 new members as of now
o 25 EMTS
o 1 advanced EMT
o 13 Medics
o 9 In Training
o 1 Driver Only
New EMT
o Kasi Abell
New Members
Wayne Guffey
Chief
Vinton First Aid Crew
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Hours Up 466 428 461 462 462 441 489 457 456 480 453
Hours Possible 480 432 468 480 480 456 492 468 468 480 456
Percentage 97 99 98 96 96 97 99 98 97 100 101
2nd Truck 55 61 31 69 36 46 103 40 53 70
46
6
42
8
46
1
46
2
46
2
44
1
48
9
45
7
45
6
48
0
45
3
48
0
43
2
46
8
48
0
48
0
45
6
49
2
46
8
46
8
48
0
45
6
97 99
98
96 96 97 99
98
97 10
0
10
1
55 61
31
69
36
46
10
3
40
53
70
0
100
200
300
400
500
600
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Hours Up
Hours Possible
Percentage
2nd Truck
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Volunteer unit in service 97 99 98 96 98 97 99 98 97 100 101 98.2
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Volunteer unit in service 97 99 98 96 98 97 99 98 97 100 101 0
97 99 98 96 98 97 99 98 97 100 101
0
0
20
40
60
80
100
120
Ax
i
s
T
i
t
l
e
Percentage of Unit in Service
1-17 2-17 3-17 4-17 5-17 6-17 7-17 8-17 9-17 10-17 11-17
TOTAL 211 206 222 211 247 242 194 210 214 242 187
DAYLIGHT CALLS 06-18 103 88 103 73 100 106 96 93 97 120 91
VOLUNTEER 18-06 108 118 119 138 147 136 98 117 117 122 96
10
3
88
10
3
73
10
0
10
6
96
93
97
12
0
91
10
8
11
8
11
9
13
8
14
7
13
6
98
11
7
11
7
12
2
96
0
20
40
60
80
100
120
140
160
1-17 2-17 3-17 4-17 5-17 6-17 7-17 8-17 9-17 10-17 11-17
DAYLIGHT CALLS 06-18
VOLUNTEER 18-06
83
89
78 81
87
83
89 92 91
95
81
17
11
22 19
13
17
11 8 9
5
19
0
10
20
30
40
50
60
70
80
90
100
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
ALS
BLS
ALS/BLS percentage of truck mark up-ALS is perfereed
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Calls Dispatched 108 118 119 138 147 136 98 117 117 122 96 1316
Calls Responded 84 96 95 110 114 113 83 96 96 106 71 1064
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Calls Dispatched 108 118 119 138 147 136 98 117 117 122 96 0
Calls Responded 84 96 95 110 114 113 83 96 96 106 71 0
108
118 119
138
147
136
98
117 117 122
96
0
84
96 95
110 114 113
83
96 96
106
71
0
0
20
40
60
80
100
120
140
160
Ax
i
s
T
i
t
l
e
Calls Dispatched that the crew responded too
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Calls Dispatched 108 118 119 138 147 136 98 117 117 122 96
Calls Handled 73 92 92 101 108 108 79 92 92 104 68
10
8
11
8
11
9
13
8
14
7
13
6
98
11
7
11
7
12
2
96
0
73
92 92
10
1
10
8
10
8
79
92 92
10
4
68
0
0
20
40
60
80
100
120
140
160
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Calls Dispatched
Calls Handled
Calls that were disptached that
the volunteer crew handled
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Fractile Response 8.94 8.73 9.06 8.17 8.47 8.67 9.49 9.22 9.62 9.11 10.1
8.94 8.73 9.06
8.17 8.47 8.67
9.49 9.22
9.62
9.11
10.09
0
0
2
4
6
8
10
12
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Fractile Response
Goal is under 12
minutes
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Man Hours 1840 1979 1978 2259 2074 1956 2185 1916 1826 1870 1729
1840
1979 1978
2259
2074
1956
2185
1916
1826 1870
1729
0
0
500
1000
1500
2000
2500
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Man Hours
Man Hours
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total
Career 86 76 80 75 81 94 79 84 84 81 87 907
Volunteer 48 51 51 61 62 58 51 59 57 54 46 598
Total 134 127 131 136 143 152 130 143 141 135 133 0 1505
86
76
80
75
81
94
79
84 84 81
87
48 51 51
61 62
58
51
59 57 54
46
134
127
131
136
143
152
130
143 141
135 133
0
0
20
40
60
80
100
120
140
160
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Transports
Career Volunteer Total
Meeting Date
December 19, 2017
Department
Vinton Volunteer Fire Department
Issue
Report on the Vinton Volunteer Fire Department for November 2017
Summary
Chief Richard Oakes will be present to give this report to Council.
Attachments
November 2017 Report
Recommendations
No action required
Town Council
Agenda Summary
November 2017 Vinton Vol. Fire Staffing
Here are the man hours for Vinton Vol. Fire Department for November 2017.
11-4-17 - 12 man hours
11-7 -17 -12 man hours
11-11-17 -12 man hours
11-14-17 -14 man hours
11-18-17 -12 man hours
11-25-17 -12 man hours
11-30-17 - 12 man hours
Total Man Hours- 86
Total Calls Run - 0
1
Meeting Date
December 19, 2017
Department
Planning and Zoning
Issue
Consideration of public comments regarding the petition of Brigitte Howard for a Special Use
Permit (SUP) to operate a family day care home at 1567 South Pacific Drive, Tax Map Number
061.09-01-42, zoned R-1 Residential District.
Summary
On July 27, 2016, Ms. Howard obtained a home occupation permit, which allows her to care for
no more than five (5) children in her home. In November of this year, Ms. Howard inquired
about operating a family day care home in her home since she would like to be able to provide
childcare for up to 12 children.
Per Article X. Definitions, Section 10-2(b)(31) of Appendix b, Zoning Ordinance, a family day
care home is defined as a facility whose purpose is providing care for more than five, but less
than 13 children separated from their parents or guardians during a portion of the day, exclusive
of the provider's own children and any children who reside in the home. The care of five or less
children for portions of a day shall be permitted as a home occupation. Per Article IV., District
Regulations, Division 2. R-1 Residential District, in order to operate a family day care home, a
SUP would have to be applied for and granted.
The Code of Virginia defines family day care home as a child day care program offered in the
residence of the provider or the home of any of the children in care for one through 12 children
under the age of 13, exclusive of the provider’s own children and any children who reside in the
home, when at least one child receives care for compensation. Family day care homes serving
five through 12 children, exclusive of the provider’s own children shall be licensed.
During Town Council meeting on December 5, 2017, members were briefed on Ms. Howard’s
petition. Under the Town’s zoning ordinance, a family day care home will require a SUP to be
applied for and granted. Prior to the Planning Commission public hearing, Staff contacted Ms.
Howard for further details regarding her SUP request as follows:
1. Ms. Howard would like to care more than four but not more than 12 children, as allowed
Town Council
Agenda Summary
2
by the Virginia Department of Social Services (VDSS). A family day care home will
require a license from VDSS, and the locality’s zoning approval is one of the licensing
requirements.
2. Days and hours of operation will be Monday through Friday from 7:00 a.m. to 5:30 p.m.
3. Ms. Howard does not and will not have school aged children under her care. The children
under her care are from the ages of six weeks old to five years old.
4. Ms. Howard plans to have one part-time employee in the morning, and one part-time
employee in the afternoon.
5. Ms. Howard is allowed to have one two square feet in area sign for her current home
occupation permit and the proposed family day care home, but she is not planning to put
up a sign.
On December 7, 2017, prior to the public hearing of the Planning Commission, staff received the
following phone calls:
1. Richard Maxey, 732 Olney Road. Mr. Maxey thought it was a rezoning request, and he
wanted to make sure that it did not affect the zoning of his property. It was explained
what the request was for, and that it was only for 1567 South Pacific Drive. His only
comments were that he has no problem with the request and that he might attend the
Town Council public hearing on December 19, 2017.
2. John Berry, 720 Olney Road. Mr. Berry asked about as how many SUP requests the
Town has issued in the past; amount of additional trash that will be generated; increase in
traffic, noise; number of children; and maintenance of the streets due to the increase of
traffic.
At the Planning Commission hearing on December 7, 2017, Ms. Jocelyn Ashwell, of 4069
Poplar Grove Drive, Vinton, one of the mothers of a child who is under the care of Ms. Howard,
asked that Ms. Howard’s request be approved. She indicated that finding affordable and good
childcare in this area is not easy and said she has been pleased with the childcare services
provided by Ms. Howard.
The Planning Commission voted unanimously to recommend approval of the request by Town
Council. Staff would like to state that, with a SUP request, the Planning Commission and Town
Council are given the opportunity to review the proposed request and impose such conditions as
reasonably necessary to ensure the use will be compatible with the surrounding area and
consistent with the purposes of the Zoning Ordinance.
Attachment
1. Staff report and supporting documents.
2. Ordinance.
Recommendations
Conduct Public Hearing
Motion to Adopt Ordinance
ORDINANCE NO.
AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL, HELD ON TUESDAY,
DECEMBER 19, 2017, AT 7:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON
MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA.
AN ORDINANCE to approve the petition of Brigitte Howard for a Special Use Permit (SUP) to
operate a family day care home at 1567 South Pacific Drive, Tax Map Number 061.09-01-42, zoned
R-1 Residential District.
WHEREAS, on November 14, 2017, a letter was mailed to surrounding property owners notifying
them of the SUP request and informing them of the dates and times of the public
hearings of the Planning Commission and Town Council; and
WHEREAS, on December 5, 2017, at the regularly scheduled meeting of Town Council, the
Council members were briefed on the SUP request; and
WHEREAS, the Planning Commission held a public hearing on December 7, 2017, after giving
notice in accordance with §15.2-2204, Code of Virginia, as amended, and
recommended that Town Council approve the SUP request on a vote of 4 – 0.
WHEREAS, the Town Council held a public hearing on December 19, 2017, after giving notice in
accordance with §15.2-2204, Code of Virginia, as amended.
NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Vinton, Virginia, that
the petition of Brigitte Howard for a Special Use Permit (SUP) to operate a family day care home at
1567 South Pacific Drive, Tax Map Number 061.09-01-42, zoned R-1 Residential District, be
approved.
This Ordinance adopted on motion made by Council Member ________________ and
seconded by Council Member ____________________, with the following votes recorded:
AYES:
NAYS:
APPROVED:
__________________________________
Bradley E. Grose, Mayor
ATTEST:
____________________________________
Susan N. Johnson, CMC, Town Clerk
Meeting Date
December 19, 2017
Department
Administration
Issue
Consideration of public comments regarding the Town’s intention to assess housing conditions
in the community and the feasibility of implementing a housing rehabilitation program and to
survey residents and/or potential beneficiaries to confirm housing needs and income status
Summary
The Town has been awarded a $3,000 CDBG Planning Grant from the Department of Housing
and Community Development (DHCD) to assist the Town in assessing the potential for
developing a Housing Rehabilitation Program for neighborhoods adjacent to the Downtown
Business District.
Staff will provide a brief report to Council on the background, goals, timeline and other grant
related details. As a part of the planning grant requirements, Council must conduct a public
meeting to invite public comments regarding the Town’s intention to assess housing conditions
and the feasibility of implementing a housing rehabilitation program.
Attachments
None
Recommendations
Conduct Public Comment period, no action required
Town Council
Agenda Summary
Meeting Date
December 19, 2017
Department
Finance/Treasurer
Issue
Briefing on the results of an RFP issued by VML/VACo for financing to purchase certain
equipment from the General Fund and Utility fund from the Town Manager’s CIP Funding List
for Fiscal Year 2017-2018
Summary
During the fiscal year 2018 budget adoption, Council requested that the Town delay CIP
purchases until the Finance Committee had a chance to review the financial position of the Town
and if the Town could afford to purchase items included in the budget. Based on current review,
the Finance Committee recommended moving forward on funding for two meter reading trucks,
a refuse truck with flippers, flipper to retrofit the backup refuse truck, a sewer jetter vac truck,
and a utility dump truck.
The Town has worked with VML/VACo to issue an RFP for financing. The results were given to
the Town on December 12th, with US BankCorp with the lowest rates. The bank has agreed to
lock-in rates until December 31st for five year equipment at 2.288% and seven year equipment at
2.431%. Based on conversations with VML/VACo, there is a recommendation to move forward
with financing prior to December 31st as proposed tax law changes in Congress are anticipated to
increase loan interest rates. Although the exact effect of the law is unknown, the best estimate
would be a $4,475 annual increase on interest payments. Based on this information, staff
recommends approving the resolution for financing with US BankCorp.
Attachments
None
Recommendations
Consider adoption of Resolution under Items Requiring Action
Town Council
Agenda Summary
Meeting Date
December 19, 2017
Department
Finance/Treasurer
Issue
Consider adoption of a Resolution approving the lease financing of equipment and authorizing
the execution, delivery and performance of a master equipment lease/purchase agreement and
separate schedules to it and related documents and actions
Summary
Council will be briefed on this lease financing at the meeting and will be requested to consider
adoption of the proposed Resolution for financing with US BankCorp.
Attachments
Resolution
Recommendations
Motion to adopt Resolution
Town Council
Agenda Summary
1
RESOLUTION NO.
AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON
TUESDAY, DECEMBER 19, 2017, AT 7:00 P.M., IN THE COUNCIL CHAMBERS OF
THE VINTON MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD
STREET, VINTON, VIRGINIA
RESOLUTION APPROVING THE LEASE FINANCING OF EQUIPMENT
AND AUTHORIZING THE EXECUTION, DELIVERY AND
PERFORMANCE OF A MASTER EQUIPMENT LEASE/PURCHASE
AGREEMENT AND SEPARATE SCHEDULES TO IT, AND RELATED
DOCUMENTS AND ACTIONS
WHEREAS, the Town Council of the Town of Vinton (the "Council") has determined it
is in the best interest of the Town of Vinton, a body politic of the Commonwealth of Virginia
(the "Town") to finance various vehicles and equipment (the "Project"); and
WHEREAS, US Bancorp Government Leasing and Finance (the "Provider") has
indicated its willingness to provide financing for the Project and related costs in an amount not to
exceed $800,000; and
WHEREAS, the financing of the Project will be accomplished in accordance with the
documents (the "Financing Documents") described below:
(a) Master Equipment Lease/Purchase Agreement (the "Lease/Purchase Agreement"),
whereby the Provider and the Town agree to conditions and provisions related to the
acquisition and leasing of tangible and intangible personal property by the Provider to the
Town, and the use and maintenance of the personal property by the Town;
(b) Schedule of Property No. 1, between the Provider and the Town, which with the
Lease/Purchase Agreement creates the lease relative to the Project (the "Lease");
(c) Escrow Agreement among the Provider, the Town and US Bank, National Association, as
escrow agent, whereby the proceeds provided by the Provider are deposited into an
escrow fund and made available to the Town for the Project.
THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF VINTON, VIRGINIA:
1. Incorporation of Recitals. The recitals above are found and determined to be a
part of this resolution.
2. Approval of Lease Financing Arrangement. The lease financing arrangement
with Provider to accomplish the Project is approved.
2
3. Authorization of the Financing Documents. Any of the Mayor, Vice Mayor or
Town Manager of the Town (each, an "Authorized Officer") is authorized to execute and
deliver on behalf of the Town the Financing Documents to which the Town is party, with such
changes, insertions or omissions as may be approved by the Authorized Officer executing them,
whose approval shall be evidenced conclusively by the execution and delivery of such Financing
Documents, subject to the following:
(a) The rental payments under the Lease will be composed of principal and interest
components and will result in a Contract Rate of interest under the Lease not
greater than 3.00% per annum, with a final maturity of rental payments of not
later than January 31, 2025; and
(b) The principal components of the rental payments under the Lease will reflect an
original principal amount not to exceed $800,000.
The actions of any Authorized Officer in approving the final terms of the Financing Documents
in accordance with this resolution shall be conclusive, and no further action shall be necessary on
the part of the Council.
4. Rental Payments Subject to Appropriation; Annual Budget. The Town’s
obligation to make the rental payments and all other payments pursuant to the Lease is
specifically stated to be subject to annual appropriation therefor by the Council, and nothing in
this resolution or the Financing Documents shall constitute a pledge of the full faith and credit or
taxing power of the Town or compel the Council to make any such appropriation.
Although recognizing that it is not empowered to make any binding commitment to make
rental payments and any other payments required under the Lease beyond the current fiscal year,
the Council states its intent to make annual appropriations for future fiscal years in amounts
sufficient to make all such payments and recommends that future Councils do likewise during
the term of the Lease. The Council directs the Town Manager, or such other officer who may be
charged with the responsibility for preparing the Town’s annual budget, to include in the budget
request for each fiscal year during the term of the Lease an amount sufficient to pay the rental
payments and all other payments coming due under the Lease during such fiscal year.
5. Designation as Qualified Tax-Exempt Obligation. The Council designates the
Lease as a Qualified Tax-Exempt Obligation, as defined in Section 265(b)(3) of the Internal
Revenue Code of 1986, amended (the "Code"). The Council represents and covenants as follows:
(i) The Council will in no event designate more than
$10,000,000 of obligations as qualified tax-exempt obligations in the current
calendar year, for the purpose of Section 265(b)(3) of the Code;
(ii) The Town, all its “subordinate entities,” within the meaning
of Section 265(b)(3) of the Code, and all entities which issue tax-exempt bonds on
behalf of the Town and such subordinate entities have together not authorized to
be issued more than $10,000,000 of tax-exempt obligations in the current calendar
3
year (not including “private activity bonds,” as defined in Section 141 of the
Code, other than “qualified 501(c)(3) bonds,” as defined in Section 145 of the
Code), including the Lease;
(iii) Barring circumstances unforeseen as of the date of delivery
of the Lease, the Town will not issue tax-exempt obligations itself or approve the
issuance of tax-exempt obligations of any of such other entities if the issuance of
such tax-exempt obligations would, when aggregated with all other tax-exempt
obligations theretofore issued by the Town and such other entities in the current
calendar year, result in the Town and such other entities having issued a total of
more than $10,000,000 of tax-exempt obligations in such year (not including
private activity bonds, other than qualified 501(c)(3) bonds), including the Lease;
and
(iv) The Council has no reason to believe that the Town and
such other entities will issue in the current calendar year tax-exempt obligations in
an aggregate amount that will exceed such $10,000,000 limit;
provided however, that if the Town receives an opinion of nationally recognized bond counsel
that compliance with any covenant set forth in (i) or (iii) above is not required for the Lease to be
a qualified tax-exempt obligation, the Town need not comply with such restriction.
6. Authorization of Other Matters. The Authorized Officers and any other officer of
the Town are each authorized to execute and deliver on behalf of the Town such other
instruments, documents or certificates, and to do and perform such things and acts, as they shall
deem necessary or appropriate to carry out the transactions authorized by this resolution or
contemplated by the Financing Documents, and all of the foregoing, previously done or
performed by such officers of the Town, are in all respects approved, ratified and confirmed.
7. Authority of Officers and Agents. The officers and agents of the Town shall do
all acts and things required of them by this resolution and the Financing Documents for the
complete and punctual performance of all the terms, covenants and agreements contained in
them.
8. Limitation of Liability of Officials of Town. No covenant, condition or
agreement contained herein shall be deemed to be a covenant, agreement or obligation of a
present or future member, officer, employee or agent of the Town in his individual capacity, and
neither the members of the Town nor any officer thereof executing any Financing Document
shall be liable personally on the Financing Document or be subject to any personal liability or
accountability by reason of its execution. No member, officer, employee or agent of the Town
shall incur any personal liability with respect to any other action taken by him pursuant to this
resolution or the Financing Documents, provided he acts in good faith.
9. Headings. Any headings in this resolution are solely for convenience of reference
and shall not constitute a part of the resolution nor shall they affect its meaning, construction or
effect.
4
10. Effective Date. This resolution shall take effect immediately.
This Resolution was adopted on motion made by Council Member ________________ and
seconded by Council Member ____________________, with the following votes recorded:
AYES:
NAYS:
APPROVED:
_________________________________
Bradley E. Grose, Mayor
ATTEST:
_________________________________
Susan N. Johnson, CMC, Town Clerk
1
Meeting Date
December 19, 2017
Department
Administration
Issue
Consider adoption of a Resolution approving a variance of the Town’s Noise Ordinance to Avis
Construction Company, Inc.
Summary
A building permit was issued by Roanoke County to Avis Construction on November 7, 2017, to
replace existing concrete sidewalks and curbs and to add handicapped/ADA ramps and curb
ramps. The construction work is to take place in the vicinity of Subway and China Wall
restaurants, 987 and 989 Hardy Road, located at the Lake Drive Shopping Center.
In the Town Code, the proposed construction falls under the provisions of Article II. Noise,
Section 34-26. - Loud noises prohibited. The following acts are declared to be noise disturbances
in violation of this article. The acts so specified shall not be deemed to be an exclusive
enumeration of those acts which may constitute a noise disturbance and provided that the acts so
specified as follows may still constitute a noise disturbance independently of the hours of day
such acts take place: (1) Engaging in, or operating or causing to be operated any equipment used,
in the construction, repair, alteration or demolition of buildings, streets, alleys or appurtenances
thereto, except for emergency work, between the hours of 9:00 p.m. and 7:00 a.m. the following
day. The use of construction vehicles for transportation to and from an active construction site
may be done at any time.
In order to minimize the disruption to the business tenants, and due to the fact that some of the
work is directly in front of the entrances to these businesses that want to stay open during their
regular business hours, Avis Construction submitted a request for a temporary variance/waiver to
Vinton’s noise ordinance pursuant to Section 34-27 for Avis, as well as their subcontractors. As
indicated in the letter, they plan to work during the hours of 9:00 p.m. to 7:00 a.m. during work
week, from December 21, 2017, through January 31, 2018. Mr. Bulls, Vice President-
Town Council
Agenda Summary
2
Preconstruction Services with Avis will be present at the meeting to answer any questions that
Council might have.
Section 34-27. - Undue hardship variances.
(a) Any person responsible for a noise or noise disturbance may apply to the town council for a
variance or partial variance from the provisions of this article. The town council may grant such
variance or partial variance if they find that:
(1) The noise does not endanger the public health, safety or welfare; or
(2) Compliance with the provisions of this article from which variance is sought would
produce serious hardship without producing equal or greater benefit to the public.
(3) In determining whether to grant such variance, the town council shall consider the
time of day the noise will occur, duration of the noise, whether the noise is intermittent or
continuous, its extensiveness, the technical and economic feasibility of bringing the noise
into conformance with this article and such other matters as are reasonably related to the
impact of the noise on the health, safety and welfare of the community and the degree of
hardship which may result from the enforcement of the provisions of this article.
(4) No variance or partial variance issued pursuant to this article shall be granted for a
period to exceed one year, but any such variance or partial variance may be renewed for
like periods if the town council shall find such renewal is justified after again applying
the standards set forth in this article. No renewal shall be granted except upon application
therefore.
Attachment
Written Request from Avis Construction Company, Inc.
Resolution
Recommendations
Motion to adopt Resolution
RESOLUTION NO.
AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL, HELD ON TUESDAY,
DECEMBER 19, 2017, AT 7:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON
MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA.
WHEREAS, Avis Construction Company, Inc. was issued a building permit on November 7,
2017, to replace existing concrete sidewalks and curbs, and to add ADA and curb ramps at businesses
located in the smaller shopping strip across from Big Lots in the Lake Drive Shopping Center; and
WHEREAS, these businesses would like to remain open during normal business hours, and the
proposed construction work is directly in front of the entrances of these businesses; and
WHEREAS, Section 34-27 of the Town of Vinton Code establishes certain standards for the
Town Council to grant variances from the provisions of the noise ordinance to avoid undue hardship upon
consideration of certain factors set forth in sub-section (a) of Section 34-27; and
WHEREAS, in order to minimize the disruption to the business tenants and their customers,
Avis Construction Company, Inc. is requesting a temporary variance to the Town of Vinton’s noise
ordinance for Avis and their subcontractors so the construction work can be performed during 9:00 p.m.
to 7:00 a.m. from the period from December 21, 2017, through January 31, 2018; and
WHEREAS, Avis Construction Company, Inc. has indicated that the construction activity will
not be a continuous daily operation and will not take place every day during the work week, nor on
holidays or Sundays.
NOW THEREFORE, BE IT RESOLVED, by the Council of the Town of Vinton, Virginia, as
follows:
1. That the provisions of Section 34-26. – Loud noises prohibited, subsection (1) and
Section 34-26. – Declaration of policy of Article II. – Noise; be waived from 9:00 p.m. on December 21,
2017, to 7:00 a.m. on January 31, 2018.
2. That this variance is granted specifically to Avis Construction Company, Inc. and their
subcontractors for the permitted construction work to be done at the smaller shopping strip in Lake Drive
Plaza Shopping Center.
This Resolution adopted on motion made by Council Member ________________ and seconded
by Council Member ____________________, with the following votes recorded:
AYES:
NAYS:
APPROVED:
__________________________________
Bradley E. Grose, Mayor
ATTEST:
____________________________________
Susan N. Johnson, CMC, Town Clerk