HomeMy WebLinkAbout7/16/2019 - Regular1
Vinton Town Council
Regular Meeting
Council Chambers
311 South Pollard Street
Tuesday, July 16, 2019
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 of the Regular Council meeting of July 2, 2019
2. Consider adoption of a Resolution approving a loan to ANBAJA Enterprises, Inc.
(DBA: Twin Creeks Brewing Co) in the amount of $15,000.00 from the CDBG
Revolving Loan Fund
G. AWARDS, INTRODUCTIONS, PRESENTATIONS, PROCLAMATIONS
1. Police Department Officer of the Quarter/4th Quarter Report – Chief Tom Foster
H. CITIZENS’ COMMENTS AND PETITIONS - This section is reserved for comments and
questions for issues not listed on the agenda.
I. TOWN ATTORNEY
J. TOWN MANAGER
Bradley E. Grose, Mayor
Keith N. Liles, Vice Mayor
Sabrina McCarty, Council Member
Janet Scheid, Council Member
Michael W. Stovall, Council Member
311 South Pollard Street
Vinton, VA 24179
(540) 983-0607
2
1. BRIEFINGS
a. Briefing on the proposed Roanoke County dedication of multiple greenway
easements to the Town for the Glade Creek Greenway Phase 2 Project –
Anita McMillan
b. Briefing on renewal of Contract for Professional Legal Services between the
Town of Vinton and Roanoke County Commonwealth’s Attorney – Anne
Cantrell
2. ITEMS REQUIRING ACTION
a. Consider adoption of a Resolution authorizing the Town Manager and Town
Clerk to execute the necessary documents, including a deed, to accept the
donation of property from Bernard Beliveau of real estate located adjacent
to Glade Creek, designated as Tax Map Parcel Number 060.11-04-10.00-
0000, to the Town of Vinton – Anita McMillan
b. Consider adoption of a Resolution approving a variance of the Town’s Noise
Ordinance to Rosie’s Gaming Emporium – Town Manager
K. REPORTS FROM COUNCIL COMMITTEES
1. Finance Committee – Anne Cantrell
L. MAYOR
M. COUNCIL
N. ADJOURNMENT
NEXT TOWN COUNCIL/COMMITTEE MEETINGS:
July 17, 2019 – 7:30 a.m. – Public Works Committee Meeting – Public Works Conference
Room
August 6, 2019 – 6:00 p.m. - National Night Out (No regular Council) – Vinton War Memorial
August 12, 2019 – 2:00 p.m. – Finance Committee meeting – TOV Conference Room
August 20, 2019 – 7:00 p.m. – Council Meeting - Council Chambers
NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT.
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.
Meeting Date
July 16, 2019
Department
Town Clerk
Issue
Consider approval of the minutes of the Regular Council meeting of July 2, 2019
Summary
None
Attachments
July 2, 2019 minutes
Recommendations
Motion to approve minutes
Town Council
Agenda Summary
1
MINUTES OF A REGULAR MEETING OF VINTON TOWN COUNCIL HELD AT 7:00 P.M.
ON TUESDAY, JULY 2, 2019, IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL
BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA
MEMBERS PRESENT: Bradley E. Grose, Mayor
Keith N. Liles, Vice Mayor
Sabrina McCarty
Janet Scheid
Michael W. Stovall
STAFF PRESENT: Barry W. Thompson, Town Manager
Pete Peters, Assistant Town Manager/Director of Economic
Development
Susan N. Johnson, Executive Assistant/Town Clerk
Jeremy Carroll, Town Attorney
Thomas Foster, Police Chief
Anne Cantrell, Finance Director/Treasurer
Anita McMillan, Planning & Zoning Director
Joey Hiner, Public Works Director
at 7:00 p.m. The Town Clerk called the roll with
Council Member McCarty,
Scheid, Council Member Stovall. Vice Mayor Liles
and Mayor Grose present.
Roll call
After a Moment of Silence, Doug Forbes led the
Pledge of Allegiance to the U.S. Flag.
Under upcoming community events, Council
Member McCarty announced the following: July
4th Celebration – 6-9 p.m. - War Memorial; July 5 –
Mingle at the Market with UpTown – Farmers’
Market; July 9 – 6-8 p.m. - Ice Cream Social and
Tour – Vinton History Museum; July 13 – 10:00
a.m.-2:00 p.m. – Arts & Crafts Show – Farmers’
Market; July 19 –
Festival – Farmers’ Market; July 20 – 2-9 p.m. -
Roanoke Valley Fiddle and Banjo Club 50th
Anniversary Celebration – Braeloch; July 27 –
Shades of Gray – Farmers’ Market and August 8 –
11 a.m. – First Responder Cookout – Springtree
Health and Rehab. Doug Forbes announced from
the audien
Church will be serving free ice cream at the Church
during the July 4th Celebration.
Under requests to postpone, add to or change
the order of agenda items, the Town Manager
requested to change the order of Items (a) and (b)
2
of the Town’s Noise Ordinance to Rosie’s Gaming
Emporium to be first. Council Member Stovall
made a motion to approve the request; the motion
carried by the following voice vote, with all members
voting: Vote 5-0; Yeas (5) –
Stovall, Liles, Grose; Nays (0) – None.
Approved changing the order of Items (a)
and (b) under Section 1, Briefings, under
Item J, Town Manager
Vice Mayor Liles made a motion to approve the
seconded by Council Member McCarty and carried
by the following vote, with all members voting: Vote
5-0; Yeas (5) – McCarty, Scheid, Stovall, Liles,
Grose; Nays (0) – None.
Approved minutes of the Regular Council
Meeting of June 18, 2019
Chief Foster made comments and then read a
quote from Ronald Reagan, “Freedom is never more
than one generation away from extinction. We don't
pass it to our children in the bloodstream. It must be
fought for, protected, and handed to them to do the
same”.
the item was
Museum Report. Doug Forbes first commented on
the t-shirts that they are selling at the Museum for
a fundraiser and that they always need members
to pay dues but to also volunteer their time. Mr.
Forbes next commented that the two largest needs
basement and to rew
They have received an estimate of $12,500.00 to
do the first floor. This would remove a major fire
hazard and adapt the house to better serve as a
Museum. The Historical Society has the funds and
there will be no expense to the Town. Mr. Forbes
the Historical Society, who will be
updates in the future to Council.
expressed appreciation to Council for their support.
January. The Mayor commented on the difference
between individuals who are residents and those
that are truly citize
Museum. Vice Mayor Liles and Council Member
Stovall
Society volunteers and indicated they were willing
to become members
Member McCarty and the Mayor commented that
they are both members.
3
Under citizens’ comments and petitions, Alvin
Atkinson
that the property at 525 Tinker Avenue has
goes on all hours of the night from the revving of
engines and
They have trash that
dogs are scared of the noise. Today he reported
that they had a dog tied up that could not get to his
water or food. Chief Foster commented that they
did respond to the report about the dog and they
would be back there tomorrow.
report on the matter since Mr. Atkinson has come
they have been there numerous times and talked
Recently they had a post on Facebook indicating
they were planning to have an impr
show. He had two extra off-duty officers come in
to work, but fortunately it rained and the event was
not held. Based on what is being posted on social
media, the people that live at 525 Tinker Avenue
are intentionally trying to cause issues wi
neighbors. They
enforcement, working radar and responding to the
calls. With regard to the trash, he will follow up
and see if it is a code enforcement issue or trash
that is not being picked up because it is not being
properly put in the can. Council Member Scheid
requested that Council be given an update.
Mattie Forbes from the audience asked if the
Town has any plans for retirement homes. The
Town Manager responded that staff has talked with
some developers about the need for assisted living
and/or patio homes in the Vinton area.
The next item on the agenda was a briefing to
consider a variance of the Town’s Noise Ordinance
to Rosie’s Gaming Emporium. Pete Peters first
recently approached the Town about hosting a
special event on Saturday, July 27, 2019, as part of
a special promotion that will be held simultaneously
at two other Rosie’s locations within the State. In
anticipation of an over-capacity crowd for the interior
of the building, the management is planning to host
the event both inside and outside the facility with the
providing a beer garden with live music in the parking
lot in addition to the activities being planned on the
4
Staff directed them to complete a Special Events
permit application and submit a formal letter
requesting that the Town consider granting a
temporary variance of the Town’s noise ordinance
pursuant to Section 34-27 of the Town Code. The
letter, which was a part of the agenda package,
through 11:59 p.m. on July 27th
ending at 10:30 p.m.,
announcement being made at 11:00 p.m. and only
clean-up activities occurring between 11:00 p.m. and
midnight.
parking and traffic control measures and Rosie’s has
agreed to hire an additional four off-
event. The Planning Office has also mailed letters
from the Town Manager’s Office informing residents
including tonight along contact information.
However, the wrong day of the week was contained
in the letter and stated “Thursday, July 2nd
“Thursday, July 16th”, instead of “Tuesday, July 2nd”
and Tuesday, July 16th”.
Mr. Peters next read Section 34-
Code
agenda package
briefing and staff would bring back
Council consideration at the July 16th meeting. Two
comments have been received, one by email from
Cindi Coffey of 972 Colbourne Avenue, who stated
she would not be in favor of the noise variance and
would not wish to hear music and noise at her home
for the entire evening and one by a phone call from
Ray Sandifer at 912 Colbourne Avenue expressing
disfavor and who is in att
tonight. Jeff Spaugh, the Marketing Manager, and
Ernie
are present and would like to make comments and
answer any questions that Council might have.
Council Member Scheid asked if other locations of
the tent and stage were considered such as in front
of the building facing Hardy Road or Vinyard to
s
Mr. Spaugh commented that they have shifted it to
the side to save using so many parking spaces. J.
D. Sutphin with Big Lick Entertainment
providing the music commented that if the band was
facing the front of Rosie’s, a
audio could disburse. For other events they look at
5
certain distance. For example, they do events
monthly at the Daleville Town Center and have an
agreement where they
events go on and Mr. Sutphin responded until 10:00
p.m., but the people live even closer.
Council Member Scheid asked if a
could be determined and put into the variance. The
Town Attorney responded that a condition like that
could be included in the Resolution establishing the
variance. Mr. Peters responded that he would
contact Botetourt County to see what they put in their
agreement with the Daleville Town Center.
In a response to a question from Council Member
Scheid about the request listing two different ending
times, Mr. Peters commented the original request
was until midnight, but he changed it to 11:59 p.m.
to keep it to one day.
Council Member Scheid asked if the letter would be
re-sent with correct dates and Mr. Peters responded
that we would resend the letter.
Ray Sandifer of Colbourne Avenue commented that
he lives in sight of Rosie’s and any event that
involves outside loud music has a tendency in that
close proximity to create lots of noise. The Daleville
Town Center goes until 9:00 p.m. and the Dr. Pepper
Park and Vinton Farmers’ Market go
He sees no reason why any part of this event other
than clean-up needs to go past 10:00 p.m.
Ernie Dellaverson, General Manager
community and invited Mr. Sandifer
during the
levels are at an acceptable range for him and to call
his cell number at any time during the event and he
would stop the music.
After further discussion, the Mayor commented that
Council will be asked to take action on the requested
variance at the July 16th meeting.
The next item on the agenda was a briefing on a
Cost of Service Study/Water & Wastewater Rates
reviewed a PowerPoint presentation, which is on file
in the Town Clerk’s Office and will be made a part of
the permanent record. Mr. Rogers first gave an
6
the study. The topics covered in the presentation
included Historical Financial Results, Financial
Policies, Utility Fund Debt Profile and Capital
Funding Needs.
Under Capital Funding Needs, the Town anticipates
the need to issue approximately $4.4 million in new
station in October of 2019 and $1 million in July of
2020 for the Meadows Well development. Over the
next five years in terms of p
expenditures, they used 2% per year based on the
assumed that water purchase and sewage treatment
costs paid to the Water Authority would also grow at
2%.
With regard to the revenue side, they recommend
moving everyone to a monthly billing with the current
gallon levels and various tiers being moved down by
50%. This would change the usage from 0-3,000 to
0-1,500 per month. In additional the residential base
fee and commercial fee will begin to be charged from
0-1,500. Also, a new sprinkler system development
fee will be added as well as monthly usage fees.
A start date of January 1, 2020 was used
changes to make their projections. The
FY2020 and FY2021, 2022 and 2023. The three
subsequent years could be changed later if things
ahead and put the changes in place, you would not
have to come back and address them again.
Council Member Scheid asked Ms. Cantrell to
comment on the reasoning for going to the monthly
billing, the tier gallon levels and starting to pay at
the first gallon along with approximately how many
residents are under 1,500 gallons, 3,000 gallons
and up
were approximately 600 out of about 5,000 users
in the system that were 3,000 or less on a bi-
monthly basis, which would be 1,500 or less on a
monthly basis. Ms. Cantrell commented that as
discussed at the Finance Committee meeting
others bill monthly.
monthly would need to be used to add an additional
staff person in the Treasurer’s Office to assist with
collections. Cash flow would greatly improve and
perhaps interest could be earned on that since it
7
The Town Manager commented that a lot of
residents do not pay the water bill until they get a
second notice and
they average about 600 notices.
Manager felt there
delinquent accounts.
In closing Mr. Rogers commented
charge would not necessarily be for the operations,
but for actually the ability for someone to turn the
tap and get water. The volumetric is to keep up
with inflation. Nationally utilities are raising rates in
excess of basically 6-7% per year because of the
increased costs of electricity, the
paying those that operate the plants. If someone
expense to provide water and clean water back into
the environment.
The next item on the agenda was a briefing on
estate located adjacent to Glade Creek, designated
as Tax Map Parcel Number 060.11-04-10.00-0000,
to the Town of Vinton. Anita McMillan commented
that Roanoke County
indicating that Mr. Beliveau had offered to donate
this property to the County, but the County does not
have a need for the property. All the property to the
east of Mr. Pritchard and all the way to the Roanoke
City limits are already owned by the Town and
purchased through the Hazardous Mitigation Grant.
Staff contacted Mr. Beliveau and he is willing to
donate the property since it is
Creek.
management, this property would allow the Town to
undertake a future
and/or to construct a pedestrian bridge to provide a
Creek Greenway Phase 2. The City of Roanoke is
in the process of putting o
properties through the Hazardous Mitigation Grant.
responded yes. The Town Attorney has prepared
the deed and Council will be asked to take action on
the property donation at the July 16th meeting.
The next item on the agenda was to consider
Manager to execute an Agreement with the Virginia
8
Development (DHCD) for a $200,000 Community
Development Block Grant CBG) to provide a Virginia
Individual Development Account (VIDA) Program
Pete Peters commented that Council was previously
meetings, two public hearings were held and in May
of 2019 Council adopted various pre-contract
activities and policies.
The Town has been awarded the grant from DHCD
and we
and have completed all pre-contract activities. The
final pre-contract review was this past Thursday and
in anticipation of
between the Town and DHCD,
recommending that Council adopt this Resolution to
The Advancement Foundation has 22 applicants
ready to start the program.
$200,000.
Council Member Stovall made a motion to adopt the
Resolution as presented; the motion was seconded
by Vice Mayor Liles and carried by the following roll
call vote, with all members voting: Vote 5-0; Yeas
(5) – McCarty, Scheid, Stovall, Liles, Grose; Nays (0)
– None.
Adopted Resolution No. 2310 authorizing
the Town
Agreement with the Virginia Department
of Housing and Community Development
provide a Virginia Individual Development
Account (VIDA) Program
The Mayor commented on the success of the
20th anniversary of the Wolf Creek Greenway and
banquet. The Mayor next made comments on the
importance of
July 4th
ap
and to Town staff.
Comments from Council:
position to give Town staff the day after July 4th as
an extra holiday because of their hard work;
happy July 4th;
commented on and expressed thanks to staff who
assisted with the Wolf Creek Greenway event and
wished everyone a happy July 4th; Council
Member Stovall commented that Union Bank had
Branch, but now they will be staying open. With
9
build a dog park in Town, he has heard from the
citizens that they are not going to pursue the matter
and wished everyone a great July 4th.
Vice Mayor Liles made a motion to adjourn the
meeting; the motion was seconded by Council
Member McCarty and carried by the following vote,
with all members voting: Vote 5-0; Yeas (5) –
McCarty, Scheid, Stovall, Liles, Grose; Nays (0) –
None. The meeting was adjourned at 8:46 p.m.
APPROVED:
________________________________
Bradley E. Grose, Mayor
ATTEST:
______________________________
Susan N. Johnson, CMC, Town Clerk
Meeting Date
July 16, 2019
Department
Administration
Issue
Consider adoption of a Resolution approving a loan to ANBAJA Enterprises, Inc. (DBA: Twin
Creeks Brewing Co) in the amount of $15,000.00 from the CDBG Revolving Loan Fund.
Summary
ANBAJA Enterprises, Inc. as owner of 111 and 109 S. Pollard St. has applied for the Revolving
Loan Program for 109 South Pollard Street. The principal owners of the company are Andy
Bishop, Barry Robertson and Jason Bishop. They are requesting loan funds to make interior
improvements and purchase supplemental equipment for their planned brewery expansion into the
storefront located at 109. The total loan amount is $15,000.00. All work that is being considered
is within the parameters of the Revolving Loan Program Guidelines that was approved by Council.
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,
JULY 16, 2019 AT 7:00 P.M. IN THE COUNCIL CHAMBERS OF THE VINTON
MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA.
WHEREAS, the Town of Vinton received funds from the Virginia Department of Housing and
Community Development through their Community Development Block Grant
(CDBG) Program to do revitalization improvements to the downtown area of
Vinton; and
WHEREAS, a portion of the CDBG money is to be used to set up a $100,000 Revolving Loan
Fund to be used in the downtown area by business and property owners; and
WHEREAS, ANBAJA Enterprises, Inc. (DBA: Twin Creeks Brewing Co), owner of 111 and
109 South Pollard Street, has applied for $15,000.00 to make interior
improvements and purchase supplemental equipment towards their brewery
expansion; and
WHEREAS, the request conforms to the stipulations set forth in the Revolving Loan Program
Guidelines; and
WHEREAS, the Loan Review Committee has reviewed the loan request and voted to
recommend the loan to Town Council for funding.
NOW THEREFORE, BE IT RESOLVED, that the Vinton Town Council does hereby grant a
loan to ANBAJA Enterprises, Inc. the amount of $15,000.00 from the CDBG Revolving Loan
Fund with interest at the prime rate in effect on July 16, 2019 and a loan repayment schedule of
84 months with the first 12 months consisting of interest only payments.
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, CMC, Town Clerk
Meeting Date
July 16, 2019
Department
Police
Issue
Police Department Officer of the Quarter Award and Quarterly Report
Summary
Chief Foster will read his Memo and recognize the recipient of the Officer of the Quarter Award.
The quarterly report for the Department will also be presented.
Attachments
None
Recommendations
No action required
Town Council
Agenda Summary
4th Quarter Report
Presented by: Fabricio D. Drumond
April 2019
2 Vinton Police Department
393
215
0
50
100
150
200
250
300
350
400
450
Traffic Stops
Apr-18 Apr-19
45% decrease
1207
1156
1130
1140
1150
1160
1170
1180
1190
1200
1210
1220
Calls for Service
Apr-18 Apr-19
4% decrease
165
87
0
20
40
60
80
100
120
140
160
180
Traffic Summons
Apr-18 Apr-19
47% decrease
32
23
0
10
20
30
40
Drug Cases
Apr-18 Apr-19
28% decrease
87
70
0
20
40
60
80
100
Overall Criminal Arrests
Apr-18 Apr-19
20% decrease
32
16
0
10
20
30
40
DUI Arrest YTD
Apr-18 Apr-19
50% decrease
May 2019
3 Vinton Police Department
486
349
0
100
200
300
400
500
600
Traffic Stops
May-18 May-19
28% decrease
1407
1384
1370
1375
1380
1385
1390
1395
1400
1405
1410
Calls for Service
May-18 May-19
2% decrease
219
176
0
50
100
150
200
250
Traffic Summons
May-18 May-19
20% decrease
30
38
0
10
20
30
40
Drug Cases
May-18 May-19
27% increase
98
75
0
20
40
60
80
100
120
Overall Criminal Arrests
May-18 May-19
23% decrease
44
19
0
10
20
30
40
50
DUI Arrest YTD
May-18 May-19
57% decrease
June 2019
4 Vinton Police Department
479
340
0
100
200
300
400
500
600
Traffic Stops
Jun-18 Jun-19
29% decrease
1359
1200
1100
1150
1200
1250
1300
1350
1400
Calls for Service
Jun-18 Jun-19
12% decrease
181
146
0
50
100
150
200
Traffic Summons
Jun-18 Jun-19
19% decrease
33
27
0
5
10
15
20
25
30
35
Drug Cases
Jun-18 Jun-19
18% decrease
108
86
0
20
40
60
80
100
120
Overall Criminal Arrests
Jun-18 Jun-19
20% decrease
61
30
0
10
20
30
40
50
60
70
DUI Arrest YTD
Jun-18 Jun-19
51% decrease
Highlights from Quarter 4 Statistics
5 Vinton Police Department
•Total Calls for CAD Incidents: 3,740
•Total Reports Written: 406
•Traffic Stops: 904
•Traffic Summons Issued: 409
•Traffic Accidents: 112
•Drug Cases: 86
Criminal Investigations Division Report
6 Vinton Police Department
•Total Cases for April –June Quarter: 22
•Open Cases: 3
•Closed (all): 19
Animal Control Quarterly Report
7 Vinton Police Department
Total CAD Incidents: 159
Code Enforcement Report
8 Vinton Police Department
April •Number of Cases: 6•Open Cases: 6•Closed Cases: 6
May•Number of Cases: 18•Open Cases: 2•Closed Cases: 16
June•Number of Cases: 6•Open Cases: 1•Closed Cases: 5
4th Quarter Statistics
Open: 3
Closed: 27
Total: 30
Records Management Report
Vinton Police Department
Warrants
Entered
Into RMS
VCIN
Validations
Summons
Entered
Weapons
Permit
Checks
Merged
Reports
FOIA
Requests
Officer
Subpoenas’
Processed
Criminal
Histories
Checked
April 133 23 79 9 125 20 97 30
May 125 19 194 7 344 21 83 39
June 142 24 123 7 250 15 51 33
Total 400 66 396 23 719 56 231 102
9
Events
•April
•Dogwood Parade & Carnival
•May
•Grapes & Grains
•DUI Checkpoints
•Lewis Gale CIT
•June
•Mingle in the Market
•Extra security at Suntrust Bank for large transaction
•Boxley Material Company –Traffic Control
•DUI Checkpoints
Vinton Police Department10
Training
•April
•Honor Guard
•Records Management
•2019 Mid-Atlantic DUI Conference
•Multi-Agency Active Shooter Training
•Directing Misleading Behaviors in Narcotics Investigations
•May
•Intox EC/IR I Basic Operators Course
•Spring Range
•VA State Police IBR Training
•Highway Safety Conference
•Evidence & Records: Retention & Destruction
•Under the Influence of Cannabis –Understanding the Highway High
•Trauma-Informed Policing & Crisis Intervention
•June
•Grant Writing Workshop
•2019 Conference on Violent Crimes
•Domestic Terrorism, Human Trafficking Case Study & Law Enforcement Trauma, Leveraging Technology to Assist with Overdose Investigations & Child Homicide, Sovereign Citizens & Sexual Deviance, and Sexual Deviant Killers
Vinton Police Department11
1
Meeting Date
July 16, 2019
Department
Planning and Zoning
Issue
Briefing on the proposed Roanoke County dedication of multiple greenway easements to the Town
for the Glade Creek Greenway Phase 2 Project.
Summary
The 2007 Roanoke Valley Conceptual Greenway Plan identifies the Glade Creek Greenway as a
future bicycle and pedestrian trail linking the Roanoke River Greenway to the Blue Ridge
Parkway. Phase 1 of the Glade Creek Greenway, from Virginia Avenue to Walnut Avenue, was
completed in July 2017. The Town was awarded Transportation Assistance (TA) grant funding for
the construction of Phase 2 of Glade Creek Greenway, from Walnut Avenue to Gus Nicks
Boulevard.
The Phase 2 portion of the greenway will be located along Glade Creek on Town-owned property
and an 80-foot wide greenway easement that was donated by Roanoke County to the Town in
April 2016. In addition to the existing greenway easement along the creek, additional easements
that include trailhead parking areas, drainage and temporary construction easements, are needed
from the County for the Project. The donation of the greenway easements by Roanoke County will
also serve as an in-kind match for the Project. The project will include 3,060 linear feet of trail, a
trailhead at Gus Nicks Boulevard, and a crossing under the Norfolk Southern Railroad trestle with
an overhead protection shelter.
The County Board of Supervisors’ first reading of the ordinance authorizing the granting of the
multiple easements for the greenway Project to the Town of Vinton will be held on July 23, 2019,
and the second reading and public hearing will be held on August 27, 2019.
Attachment
Draft of the Deed of Easements and Easements Plat for the Glade Creek Greenway.
Recommendations
No action required
Town Council
Agenda Summary
Prepared by:
Peter S. Lubeck, Senior Assistant County Attorney (VSB #71223)
Roanoke County Attorney’s Office
5204 Bernard Drive; P.O. Box 29800
Roanoke, Virginia 24018
Page 1 of 7
Exemption claimed: Grantor and Grantee are exempted from recordation taxes
and fees pursuant to §58.1-811(A)(3), §58.1-811(C)(4), 17.1-266, and 17.1-279(E),
Code of Virginia (1950), as amended.
Parcel Identification No.: 60.11-04-17.00-0000
Property Owner: Board of Supervisors of Roanoke County
THIS DEED OF EASEMENT, is entered into this _____ day of __________________
2019, by the BOARD OF SUPERVISORS OF ROANOKE COUNTY, hereinafter referred to as
the “Grantor”, and the TOWN OF VINTON, VIRGINIA, a political subdivision of the
Commonwealth of Virginia, hereinafter called “Grantee,” with an address of 311 S. Pollard Street,
Vinton, Virginia 24179.
WITNESSETH:
WHEREAS, the Glade Creek Greenway is a developing bicycle and pedestrian trail
identified in the regionally approved 2018 Roanoke Valley Greenway Plan endorsed by the City
of Roanoke, Counties of Roanoke and Botetourt, City of Salem, and Town of Vinton; and
WHEREAS, the Grantor on April 12, 2016, previously granted the Grantee an 80 foot wide
Perpetual Greenway Easement on Tax Map Parcel No. 60.11-04-17.00-0000, as recorded in
Roanoke County Circuit Court Instrument No. 201604318;
WHEREAS, an additional perpetual greenway easement and two separate drainage
easements are needed for Phase 2 of the Glade Creek Greenway, hereinafter referred to as “Public
Access Trail”, across portions of the Grantor’s property located at 156 Highland Road and
designated as Roanoke County Tax Map Parcel No. 60.11-04-17.00-0000, containing 11.335
acres, more or less, situated in the Vinton Magisterial District, Roanoke County and Town of
Vinton, Virginia; and
Prepared by:
Peter S. Lubeck, Senior Assistant County Attorney (VSB #71223)
Roanoke County Attorney’s Office
5204 Bernard Drive; P.O. Box 29800
Roanoke, Virginia 24018
Page 2 of 7
WHEREAS, Grantee has requested, and the Grantor has agreed to, the conveyance of a
new perpetual greenway easement, totaling 15,073 square feet, or 0.346 acres, herein referred to
as “Greenway Easement,” to the Grantee for the purpose of installing and maintaining a greenway
and parking area for users of the Glade Creek Greenway; and
WHEREAS, the Grantee has requested, and the Grantor has agreed to, the conveyance of
a new 15’ wide temporary construction easement, totaling 1,196 square feet, or 0.027 acre, herein
referred to as “Temporary Construction Easement”, for construction and installation of the
greenway and parking lot; and
WHEREAS, Grantee has requested, and the Grantor has agreed to, the conveyance of two
permanent drainage easements, the first totaling 100 square feet, or 0.002 acres, and the second
totaling 381 square feet, or 0.009 acres, herein referred to as “Permanent Drainage Easements,” to
the Grantee for the installation and maintenance of a drainage system, and to allow for necessary
grading and storage during any phase of construction, reconstruction, repair or replacements of the
improvements to the drainage system.
WHEREAS, the “Greenway Easement,” “Temporary Construction Easement,” and two
“Permanent Drainage Easements” are shown upon the Plat entitled “Exhibit A,” titled “Plat
Creating Permanent Greenway Easement, (2) Permanent Drainage Easements, 15’ Temporary
Construction Easement, Affecting Tax Map # 60.11-04-17.00 Being Conveyed to Town of
Vinton,” and prepared by Neil Avery Martin, dated April 26, 2019.
NOW THEREFORE, FOR AND IN CONSIDERATION of the sum of ONE DOLLAR
($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged,
the Grantor hereby GRANTS and CONVEYS with General Warranty and Modern English
Prepared by:
Peter S. Lubeck, Senior Assistant County Attorney (VSB #71223)
Roanoke County Attorney’s Office
5204 Bernard Drive; P.O. Box 29800
Roanoke, Virginia 24018
Page 3 of 7
Covenants of Title unto the Grantee, its successor and assigns, the following easements, on
property located at 156 Highland Road (Roanoke County Tax Map Parcel No. 60.11-04-17.00-
0000) in the Vinton Magisterial District, County of Roanoke and Town of Vinton, Virginia, to wit:
1) A PERMANENT GREENWAY EASEMENT, consisting of 15,073 square feet (0.346
acre), more or less, to construct, improve, operate, inspect, use, monitor, maintain,
repair, or replace a Public Access Trail, including a parking lot, as depicted on that
certain plat titled “Plat Creating Permanent Greenway Easement, (2) Permanent
Drainage Easements, 15’ Temporary Construction Easement, Affecting Tax Map #
60.11-04-17.00 Being Conveyed to Town of Vinton,” prepared and sealed by Neil
Avery Martin, dated April 26, 2019 (attached hereto as “Exhibit A).
2) A TEMPORARY CONSTRUCTION EASEMENT, consisting of 1,196 square feet,
(0.027 acre), more or less, as shown on the aforesaid Exhibit A. The Temporary
Construction Easement shall automatically expire upon completion of construction or
substantial completion.
3) A PERMANENT DRAINAGE EASEMENT, consisting of 100 square feet, (0.002
acre), more or less, to construct, install, improve, operate, inspect, use, maintain, and
repair or replace a drainage facility, together with related improvements, together with
the right of ingress and egress thereto from a public road, as set forth on Exhibit A.
4) A PERMANENT DRAINAGE EASEMENT, consisting of 381 square feet, (0.009
acre), more or less, to construct, install, improve, operate, inspect, use, maintain, and
repair or replace a drainage facility, together with related improvements, together with
the right of ingress and egress thereto from a public road, as set forth on Exhibit A.
Said easements shall be subject to the terms and conditions stated below.
1. Grantor hereby grants to Grantee and the general public free access to and use of
the Public Access Trail within the Permanent Greenway Easement subject to the
laws and ordinances of Roanoke County, for the purposes including but not limited
to: walking, jogging, hiking, bicycle riding, horseback riding, and nature study.
There shall be no access by Grantee or the public at-large granted by this Permanent
Greenway Easement to any property of the Grantor other than the Permanent
Greenway Easement and Public Access Trail. The general public shall have no right
to construct or improve any portion of the Permanent Easements and Public Access
Trail.
Prepared by:
Peter S. Lubeck, Senior Assistant County Attorney (VSB #71223)
Roanoke County Attorney’s Office
5204 Bernard Drive; P.O. Box 29800
Roanoke, Virginia 24018
Page 4 of 7
2. Public access with any type of motor vehicle, including but not limited to
motorcycles, four-wheel drives, motor bikes, mopeds, ATVs, and snowmobiles,
shall be prohibited, except to the extent vehicles are necessary for accessibility
(Americans with Disabilities Act of 1990), construction, inspection, emergency
calls, maintenance, or reconstruction of the Public Access Trail within the
Permanent Greenway and Drainage Easements by the Grantee.
3. Grantor shall retain the right to use the land subject to the Permanent Easements in
any manner which shall not interfere with the use and enjoyment of said Easements
for recreational access to the Public Access Trail.
4. Grantor shall not erect any building, fence, sign, guardrail, or other structure over
the Permanent Easements so as to render the Easements inaccessible, except that
fences and gates may be erected and/ or maintained with the mutual consent of the
Grantor and Grantee. In the event that this covenant is violated, Grantee shall not
be obligated to repair, replace, or otherwise be responsible for such improvements
if damaged or removed.
5. There shall be no excavation or dredging, or dumping of ashes, garbage, waste,
brush or other unsightly or offensive material on the Easement or Public Access
Trail.
6. Any construction by the Grantor of roads or driveways within the Easement area or
crossing the Public Access Trail must be approved by the Grantee and designed in
coordination with the Grantee to facilitate a safe and convenient crossing of the
road by Public Access Trail users.
7. The Grantee agrees to restore and repair any actual damage to Grantor’s property
that may be directly caused by the construction, reconstruction, or maintenance of
said project except as hereinafter provided. The Grantor agrees that the Grantee will
not be expected to restore the property to the identical original condition, but rather
as near thereto as is practicable, and that the Grantor will cooperate with the Grantee
in effectuating such restoration.
8. Grantee shall have the perpetual right to install and maintain improvements, the
right of go on, over and upon the said Permanent Easements for the purposes of
installing, maintaining, repairing, and replacing the improvements necessary for the
Public Access Trail, for as long as it holds the Easement rights hereunder.
9. It is expressly agreed between the parties hereto that the Grantee and its agents have
the right to inspect the easements herein granted and to cut, clear, and remove all
trees, shrubbery, undergrowth, obstructions, or improvements lying within, upon,
or adjacent to said easements that in any way endanger or interfere with the proper
use of the same.
Prepared by:
Peter S. Lubeck, Senior Assistant County Attorney (VSB #71223)
Roanoke County Attorney’s Office
5204 Bernard Drive; P.O. Box 29800
Roanoke, Virginia 24018
Page 5 of 7
10. There shall be no removal, destruction, or cutting of trees within the Permanent
Easements except as may be performed by Grantee or its agent for maintenance of
the Public Access Trail, reduction of hazard, flood control, good husbandry
practice, or prevention or treatment of diseases without the consent of Grantor,
which shall not be unreasonably withheld.
11. Grantor shall have no maintenance responsibility whatsoever of the Public Access
Trail within the Permanent Greenway Easement.
12. Grantee may erect within the Easement markers, kiosks, litter receptacles, vehicle
control barriers, benches, bridges, signage, fences, and gates, as deemed necessary
for preservation of the Easement, use of the Public Access Trail, and safety of the
Public Access Trail users. No other building or above grade structure shall be
constructed by Grantee or Grantor without written permission of Grantor.
13. Grantee shall not deny Grantor access to the Public Access Trail or Easement.
14. Grantee agrees that the Easement shall not be open to the public until such time as
construction of the Public Access Trail is completed.
15. Grantor agrees that the terms, conditions, and restrictions of this Easement will be
inserted by it in any subsequent deed or other legal instrument by which it divests
itself of either the fee simple title to, or of its possessory interest in, the subject
property.
16. The parties confirm and agree that Grantee may convey, transfer, and assign this
Easement and its interest and rights acquired herein to a governmental or public
entity for construction, operation, and maintenance of the Glade Creek Greenway.
17. The parties acknowledge that members of the public may use the above-described
parking area for greenway purposes as well as other recreational activities that may
be held on the property at 156 Highland Rd (Tax Map No. 060.11-04-17.00-0000).
18. Should Grantee or its assigns cease to develop, operate, or maintain the Public
Access Trail, Grantor may request that the Easement be vacated.
19. The grant and provision of this Deed of Easements shall constitute a covenant
running with the land for the benefit of the Grantee, its successors and assigns
forever.
WITNESS the following signatures and seals:
GRANTOR:
Prepared by:
Peter S. Lubeck, Senior Assistant County Attorney (VSB #71223)
Roanoke County Attorney’s Office
5204 Bernard Drive; P.O. Box 29800
Roanoke, Virginia 24018
Page 6 of 7
THE BOARD OF SUPERVISORS OF THE
COUNTY OF ROANOKE, VIRGINIA
__________________________________ (SEAL)
By: Daniel R. O’Donnell
County Administrator
COMMONWEALTH OF VIRGINIA )
COUNTY OF ROANOKE ) to-wit
The foregoing instrument was acknowledged before me this _____ day of _____________
2019, by Daniel R. O’Donnell, County Administrator, on behalf of the Board of Supervisors of
Roanoke County, Virginia, Grantor.
_______________________________________
Notary Public
Commission expires: ______________________
Registration No.: _________________________
Approved as to form:
________________________________
Peter S. Lubeck, Sr. Asst County Attorney
GRANTEE:
Prepared by:
Peter S. Lubeck, Senior Assistant County Attorney (VSB #71223)
Roanoke County Attorney’s Office
5204 Bernard Drive; P.O. Box 29800
Roanoke, Virginia 24018
Page 7 of 7
TOWN COUNCIL OF THE
TOWN OF VINTON, VIRGINIA
___________________________________ (SEAL)
By: Barry W. Thompson
Town Manager
COMMONWEALTH OF VIRGINIA )
COUNTY OF ROANOKE ) to-wit
The foregoing instrument was acknowledged before me this _____ day of _____________
2019, by Barry W. Thompson, Town Manager, on behalf of the Town of Vinton, Virginia, Grantee.
_______________________________________
Notary Public
Commission expires: _____________________
Registration No.: ________________________
Meeting Date
July 16, 2019
Department
Administration
Issue
Briefing on renewal of Contract for Professional Legal Services between the Town of Vinton and
Roanoke County Commonwealth’s Attorney
Summary
On October 3, 2017, the Town of Vinton entered into a Contract for Professional Legal Services
with the Roanoke County Commonwealth’s Attorney for a two-year period beginning July 1, 2017
and ending June 30, 2019.
The Roanoke County Commonwealth’s Attorney has submitted a renewal of said Contract to the
Town for execution for a new two-year period beginning July 1, 2019 and ending June 30, 2021.
Recommendation from the Finance Committee was to renew the current contract for a six month
period with a one month renewal. This would allow the Town Council to work with the
Commonwealth Attorney Elect after the November election on a new contract.
Attachments
None
Recommendations
No action required
Town Council
Agenda Summary
Meeting Date
July 16, 2019
Department
Planning and Zoning
Issue
Consider adoption of a Resolution authorizing the Town Manager and Town Clerk to execute the
necessary documents, including a deed, to accept the donation of property from Bernard Beliveau
of real estate located adjacent to Glade Creek, designated as Tax Map Parcel Number 060.11-04-
10.00-0000, to the Town of Vinton
Summary
On July 2, 2019, Town Council was briefed regarding a proposed donation of a real estate parcel
by Bernard Beliveau to the Town of Vinton. It is a 0.1755-acre vacant property, located adjacent
to Glade Creek and parcels owned by the Town, designated as Tax Map Number 060.11-04-10.00-
0000.
The Property will allow the Town to undertake a future streambank restoration project and/or to
construct a pedestrian bridge to provide a connection for the Midway Community to Glade Creek
Greenway Phase 2.
Attachment
1. An Aerial Map of the Property and Surrounding Properties.
2. Supporting Documents of the Property.
3. Deed of Gift Document between Bernard Beliveau and the Town of Vinton.
4. Resolution
Recommendations
Motion to adopt the Resolution.
Town Council
Agenda Summary
Roanoke County, Va 2019, Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID,IGN, and the GIS User Community, Roanoke County 2018
2018 County of Roanoke
0 180 36090Feet
Date: 6/10/2019
²
Parcel ID 060.11-04-10.00-0000
1:2,257
Disclaimer: It is understood that the data displayed through thisapplication is subject to constant change and that its accuracycannot be guaranteed. The maps have been created frominformation provided by various government and private sources atvarious levels of accuracy. The data is provided to you as is; with nowarranty, representation or guaranty as to the content, sequence,accuracy, timeliness or completeness of any of the informationprovided herein. It is the responsibility of the user of the data to beaware of the data’s limitations and to utilize the data in anappropriate manner.
Page 1
Prepared by:
Mark C. Popovich (VSB#46414)
GUYNN, WADDELL, CARROLL & LOCKABY P.C.
415 S. College Ave.
Salem, Virginia 24153
Tel. (540) 387-2320
Fax. (540) 389-2350
THIS CONVEYANCE IS EXEMPT FROM RECORDATION TAXES AND FEES
PURSUANT TO SECTION 58.1-811(A)(3) AND (C)(4) OF THE CODE OF VIRGINIA
(1950), AS AMENDED.
Consideration: $0.00
Tax Parcel No.: 060.11-04-10.00-0000
DEED OF GIFT
THIS DEED OF GIFT is made and entered into this ______ day of _______________
2019, by and between, BERNARD J. BELIVEAU, an individual having an address of 6776 Back
Creek Road, Boones Mill, Virginia 24065 (the “Grantor”) and the TOWN OF VINTON,
VIRGINIA, a political subdivision of the Commonwealth of Virginia (the “Grantee”).
WITNESSETH:
WHEREAS, Grantor has offered to convey certain real estate property designated as Tax
Map Parcel Number 060.11-04-10.00-0000 (the “Property”) to the Grantee for $0.00 consideration;
and
WHEREAS, Grantee is willing to accept the Property for future use as part of a streambank
restoration project and/or to connect the Midway Community to the future Glade Creek Greenway
Phase 2.
FOR AND IN CONSIDERATION of other good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged, Grantor does hereby grant and convey with
General Warranty and English Covenants of Title, together with all improvements thereon and
appurtenances thereto, if any, that certain tract or parcel of land described as follows, to-wit:
ALL THOSE CERTAIN tracts or parcels of land, situated, lying, and being in
the Town of Vinton, County of Roanoke, Virginia, consisting of a strip of land
along a creek of approximately 0.1755 acre.
BEING the same property conveyed to Bernard J. Beliveau by deed dated June
30, 1995 from the Commonwealth of Virginia, and recorded in the
aforementioned Circuit Court Clerk’s Office in Deed Book 1480, Page 1152.
THIS CONVEYANCE is made together with all and singular the buildings and
improvements, thereon, the rights and privileges, tenements, hereditaments, easements and
Page 2
appurtenances unto the said land belonging or in anywise appertaining and is made subject to any
easements, restrictions, and reservations contained in duly recorded deeds, plats and other
instruments constituting constructive notice in the chain of title, which have not expired by a time
limitation contained therein or have otherwise become ineffective, and to matters visible upon
inspection.
WITNESS the following signatures and seals:
GRANTOR:
By: ____________________________
Bernard J. Beliveau
COMMONWEALTH OF VIRGINIA
COUNTY OF , TO-WIT:
The foregoing instrument was acknowledged before me this _ __ day of __________,
2019, by ________________________________.
____________________________________
Notary Public
My commission expires: ____________________
Notary Registration No.: ____________________
[ADDITIONAL SIGNATURE PAGE TO FOLLOW]
Page 3
ACCEPTANCE AND APPROVAL OF FORM OF DEED
Pursuant to Section 15.2-1803 of the Code of Virginia (1950), as amended, Barry W.
Thompson, Town Manager, Town of Vinton, hereby accepts this Deed conveying real property to
the Town of Vinton, Virginia.
Given under my hand as Town Manager of the Town of Vinton.
TOWN COUNCIL OF VINTON, VIRGINIA
____________________________________
Barry W. Thompson, Town Manager
COMMONWEALTH OF VIRGINIA
COUNTY OF ROANOKE, TO-WIT:
The foregoing instrument was acknowledged before me this _____ day of
______________, 2019, by Barry W. Thompson, Town Manager, Town of Vinton.
Notary Public
My commission expires: ____________________
Notary Registration No.: ____________________
Approved as to Form:
Town Attorney
1
RESOLUTION NO.
AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL, HELD ON
TUESDAY, JULY 16, 2019, AT 7:00 P.M., IN THE COUNCIL CHAMBERS OF THE
VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON,
VIRGINIA.
WHEREAS, on June 10, 2019, Town Staff was contacted by Roanoke County personnel
who stated that Bernard J. Beliveau, the property owner of a 0.1755-acre vacant real estate parcel
located adjacent to Glade Creek, designated as Tax Map Number 060.11-04-10.00-0000, had
offered to donate the land to the County; and
WHEREAS, due to the location of the property within the Town of Vinton, County
personnel determined that the County does not have the need for the property; and
WHEREAS, Town of Vinton personnel determined that it is in the Town of Vinton’s best
interest to contact Mr. Beliveau to find out if he would be willing to donate said property to the
Town of Vinton since the property is located adjacent to other parcels owned by the Town along
Glade Creek; and
WHEREAS, on June 18, 2019, the Planning and Zoning Director, Anita McMillan,
contacted Mr. Beliveau to ask if he would be willing to donate the property to the Town of Vinton;
and
WHEREAS, Mr. Beliveau indicated that he wants to donate the said parcel of
approximately 0.1755 acre to the Town of Vinton, and he is ready to sign any needed paperwork
for the transfer of the property; and
WHEREAS, Town Council finds it to be in the best interest of the Town of Vinton to
accept the donation of said property from Mr. Beliveau for future use as part of a Glade Creek
Streambank Restoration Project and/or a pedestrian bridge to connect the Midway Community to
the future Glade Creek Greenway Phase 2.
NOW THEREFORE, BE IT RESOLVED, BY THE COUNCIL OF THE TOWN OF
VINTON, VIRGINIA, as follows:
1. The Town Manager and the Town Clerk are hereby authorized, for and on behalf
of the Town, to execute and attest, respectively, the necessary documents, including
a deed, accepting the donation of the Property described herein.
2. All documents necessary to accomplish this acceptance shall be in a form approved
by the Town Attorney.
3. This resolution shall be effective from and after the date of its adoption.
2
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
1
Meeting Date
July 16, 2019
Department
Administration
Issue
Consider adoption of a Resolution approving a variance of the Town’s Noise Ordinance to Rosie’s
Gaming Emporium.
Summary
As briefed at the July 2nd Council Meeting, Rosie’s Gaming Emporium is anticipating a crowd to
exceed their interior building capacity for a special event scheduled for July 27th, 2019 and has
requested a Special Event Permit in order to hold the event both inside and outside of their facility.
Rosie’s plans to erect a large tent and stage and will offer a beer garden and live music in the parking
lot. The event is proposed to take place between the hours of 7:00pm and 11:00 pm, and has
subsequently requested a temporary variance of Vinton’s Noise Ordinance pursuant to Section 34-
27. The variance request is from 9pm through 11:59pm on July 27th, with live music ending at
10:30pm, the final public address announcements being made at 11pm, and only cleanup activities
occurring between the hour of 11pm and midnight.
The Vinton Police Department has met with Rosie’s Management (to include their Security Manager)
to review parking and traffic control measures and Rosie’s has agreed to hire four (4) additional off-
duty Vinton Police Officers to assist during the entire duration of the event with traffic and crowd
control. The Town Manager’s Office sent letters on June 26th and July 3rd, informing residents of
the surrounding neighborhoods of the variance request and provided them with meeting dates and
contact information to provide comment or concerns.
Based on discussions from the July 2nd Council Meeting, staff contacted Botetourt County to confirm
how they have addressed their noise ordinance and the music events taking place at Daleville Town
Center. The Botetourt County Clerk and the Assistant to the County Administrator have both
confirmed the following: “There is no reference to maximum decibels, only that music should not be
plainly audible at a distance of fifty feet or more from the property boundary line”. Staff has since
updated the draft ordinance to provide similar language and guidance in regards to the maximum
volume of the music for Rosie’s management and their event production staff. In addition, staff has
Town Council
Agenda Summary
2
also inserted a provision within the Resolution specifying that outside alcohol sales should not occur
after 10:30pm, in order to encourage the crowd to disperse after final announcement has been made
at 11pm.
In the Town Code, the proposed special event 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: (6) Using or operating on the inside or outside of any store, shop, business
establishment, warehouse, or commercial building, any loudspeaker, sound amplifying equipment, or
other sound producing or reproducing device capable of emitting music, noise, sounds, tapes, or voice
in such a manner that it is plainly audible at a distance of 50 feet or more from the store, shop, business
establishment , warehouse or commercial building unless it is used only intermittently for announcing
or paging an individual or unless it signals the ringing of a telephone, danger from smoke, a fire, or a
burglary, or the beginning or stopping of work or school, or unless it is operated in accordance with
conditions of zoning.
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.
Mr. Jeff Spaugh, Marketing Manager and Ernie Dellaverson, General Manager with Rosie’s Gaming
Emporium will be present at the meeting to answer any questions that Council may have.
Attachment
Letter from Rosie’s requesting Variance
Event Layout
2nd Notice Letter to Adjoining Property Owners
Resolution
Recommendations
Motion to adopt Resolution
Black = Barricaded area for event
White = Covered tent
Blue = Stage facing northeast corner of parking lot
Date: July 3, 2019
Dear Property Owner:
The management staff of Rosie’s Gaming Emporium, located at 1135 Vinyard Rd, has recently submitted a
request to Town Administration for a Special Events Permit to host an outdoor event on July 27, 2019 between
the hours of 7:00 pm and 11:00 pm.
Rosie’s has submitted plans to erect a large tent and stage near the building and has also requested a temporary
variance of Vinton’s noise ordinance pursuant to Section 34-27. The variance request is from 9pm through
11:59 pm on July 27th, with live music ending at 10:30 pm, the final public address announcements being made
at 11:00 pm, and only minor cleanup activities occurring between the hour of 11:00 pm and midnight.
It is the public policy of the town to promote an environment for its citizens free from noise that jeopardizes
their health or welfare or degrades the quality of life. However, it is sometimes necessary to grant variances
from the strict application of the noise ordinances during isolated special events and situations. In these rare
circumstances, the Town Council may grant a variance or partial variance after carefully scrutinizing all the
minor details surrounding the event or land use.
We are contacting you because you live in the general vicinity of where this special event will be taking place,
and we want to notify you of this noise variance request and provide you with an opportunity to express any
concerns or comments.
The Vinton Town Council will be considering Rosie’s request at the following meeting and citizens are
welcome to attend and offer comment:
• Tuesday, July 16th, at 7:00 pm at the Vinton Municipal Building
If you are unable to attend the Town Council meeting, you may also contact the Principal Planner, Nathan
McClung, at 540-283-7009 or by email, at nmcclung@vintonva.gov prior to the July 16th meeting.
Sincerely,
Barry W. Thompson
Town Manager
cc: Richard Peters, Assistant Town Manager/ Econ. Development Director
Anita McMillan, Planning and Zoning Director
Nathan McClung, Principal Planner
Town of Vinton
311 S. Pollard Street Vinton, VA 24179 Phone (540) 983-0607 Fax (540) 983-0646
Town Manager
1
RESOLUTION NO.
AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL, HELD ON
TUESDAY, JULY 16, 2019, AT 7:00 P.M., IN THE COUNCIL CHAMBERS OF THE
VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON,
VIRGINIA.
WHEREAS, Rosie’s Gaming Emporium opened for business at 1135 Vinyard Road in
Vinton, Virginia on May 9, 2019 for the purpose of operating an Entertainment Venue, offering
off-track horse racing wagering, historic racing terminals, a gift shop and a full-service restaurant;
and
WHEREAS, Rosie’s intends to give away a Mercedes Benz during a special event on July
27, 2019, with the intent of erecting a large tent and stage to provide a beer garden, live music in
the parking lot of Rosie’s until 11 p.m., with similar events being held simultaneously at two other
Rosie’s Gaming locations within the State; 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, meet the anticipated attendance for the event that is expected to exceed the
interior capacity of their facility, Rosie’s Gaming Emporium is requesting a temporary variance to
the Town of Vinton’s noise ordinance from 9:00 p.m. to 11:59 p.m. on July 27, 2019 to host the
special event.
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. to 11:59 p.m. on July 27, 2019.
2. That live music will end no later than 10:30 p.m., the final public address
announcements are to occur at 11:00 p.m. and only cleanup activities may occur
between 11:00 p.m. and 11:59 p.m.
3. That no outdoor alcohol sales are to occur after 10:30 p.m.
4. That music, live or recorded, shall not be plainly audible beyond the property
boundary line in any direction from the stage.
2
5. That a minimum of four (4) off-duty police officers will be hired by Rosie’s to work
the entire duration of the event to assist with traffic control and provide for the
general public safety.
6. That this variance is granted specifically to Rosie’s Gaming Emporium at 1135
Vinyard Road, Vinton, Virginia.
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
Meeting Date
July 16, 2019
Department
Finance/Treasurer
Issue
Finance Committee
Summary
The Finance Committee met on July 8, 2019 and the following items were discussed at the
meeting:
• Commonwealth Attorney
• First Aid Crew Reimbursement
• TCBC Revolving Loan Application
• May Financial Report
• Water/Sewer Rate Discussion
Attachments
May 2019 Financial Report Summary
Recommendations
Motion to approve the May 2019 Financial Report
Town Council
Agenda Summary
Financial Report Summary
May 31, 2019
Revised
Revenues 8,194,562 6,682,202 1,111,296 7,006,964 324,762 105%
Accrued Revenue - - -
Total Adj. Revenues 8,194,562 6,682,202 1,111,296 7,006,964 324,762 105%
Expenditures 8,194,562 7,791,065 633,328 7,291,181 (499,884) 94%
Revenues over/(under) Expenditures (1,108,863) 477,968 (284,217)
Revenues 33,903 723,200 - 74,041 (649,159) 10%
Expenditures 33,903 723,200 6,519 107,407 (615,793) 15%
Revenues over/(under) Expenditures - (6,519) (33,366)
Revenues 3,720,200 3,116,915 122,475 3,269,867 152,953 105%
Accrued Revenue - - - -
Total Adj. Revenues 3,720,200 3,116,915 122,475 3,269,867 152,953 105%
Expenditures 3,720,200 3,202,618 254,217 2,989,511 (213,107) 93%
Operating Expenditures 3,720,200 3,202,618 254,217 2,989,511 (213,107) 93%
Revenues over/(under) Expenditures (85,703) (131,742) 280,356
Revenues 409,764 375,590 34,147 375,638 48 100%
Expenditures 409,764 362,918 26,672 296,119 (66,798) 82%
Revenues over/(under) Expenditures 12,672 7,475 79,518
Revenues 12,358,429 10,897,906 1,267,918 10,726,510 (171,396) 98%
Expenditures 12,358,429 12,079,801 920,736 10,684,218 (1,395,582) 88%
Revenues over/(under) Expenditures (1,181,894) 347,182 42,292