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HomeMy WebLinkAbout11/15/2016 - Regular1 Vinton Town Council Regular Meeting Council Chambers 311 South Pollard Street Tuesday, November 15, 2016 AGENDA Consideration of: A. 6:00 p.m. - ROLL CALL AND ESTABLISHMENT OF A QUORUM B. CLOSED SESSION 1. Request to Convene in Closed Meeting, Pursuant to § 2.2-3711 (A) of the 1950 Code of Virginia, as amended, for discussion or consideration of the acquisition of real property for a public purpose, or of the disposition of publicly held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body as authorized by subsection 3 with regard to the following: a. An offer by Michael D. Henderson to purchase the fifty (50) foot wide by approximately one hundred and fifty (150) foot long undeveloped right-of- way known as Daleview Drive for purchase price of $20,000.00. b. An offer by Sarah A. & Henry J. Brabham, IV to gift to the Town of Vinton a 0.555 acre of an existing private road and a stormwater best management facility consisting of 2.855 acres, both located between Niagara Road and Vinyard Road in the Town of Vinton. C. RECONVENE AND ADOPT CERTIFICATION OF CLOSED MEETING D. MOMENT OF SILENCE E. PLEDGE OF ALLEGIANCE TO THE U. S. FLAG F. UPCOMING COMMUNITY EVENTS/ANNOUNCEMENTS G. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS H. CONSENT AGENDA 1. Consider approval of minutes of: a. Regular Council meeting of October 18, 2016. b. Council Strategic Planning Retreat of October 24, 2016 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 2 I. AWARDS, INTRODUCTIONS, PRESENTATIONS, PROCLAMATIONS 1. Report on the Vinton Volunteer First Aid Crew for October – Chief Wayne Guffey J. CITIZENS’ COMMENTS AND PETITIONS - This section is reserved for comments and questions for issues not listed on the agenda. K. TOWN ATTORNEY L. BRIEFING 1. Briefing on an application for a grant for a Multi-Jurisdictional Threat Assessment Project and an application for a grant through the Department of Criminal Justice Services titled “21st Century Policing” – Chief Tom Foster M. ITEMS REQUIRING ACTION 1. Consider a motion to accept or reject an offer by Michael D. Henderson to purchase the fifty (50) foot wide by approximately one hundred and fifty (150) foot long undeveloped right-of-way known as Daleview Drive for purchase price of $20,000.00 – Town Manager 2. Consider a motion to accept or reject an offer by Sarah A. & Henry J. Brabham, IV to gift to the Town of Vinton a 0.555 acre of an existing private road and a stormwater best management facility consisting of 2.855 acres, both located between Niagara Road and Vinyard Road in the Town of Vinton – Town Manager 3 Consider adoption of an Ordinance approving the joint petition of Robert O. and Linda M. Quam, owners of Lot 1, Block 12; and Sherman E. and Barbara B. Sligh; owners of Lot 7, Block 9, of Plat Book 6, Page 30 showing Map of Section Number 4, Bali Hai Subdivision, property of W.E. and Olney G. Cundiff, prepared by C. B. Malcolm & Son and dated August 31, 1964, recorded in the Clerk’s Office of the Circuit Court for the County of Roanoke, Virginia, on January 5, 1965, to abandon, vacate and deed a fifty (50) foot wide by approximately one hundred and fifty (150) foot long undeveloped right-of-way, known as Daleview Drive, to the adjoining property owners – Anita McMillan 4 Consider adoption of an Ordinance amending Chapter 74, “Secondhand Goods” of the Vinton Town Code by adopting Article III, “Precious Metals Dealers,” for the purpose of regulating precious metals dealers conducting business within the Town of Vinton and providing for an effective date – Chief Tom Foster 5. Consider adoption of a Resolution appropriating $13,125.00 received from the Department of Motor Vehicles, $8,750.00 in Federal funds and the Town’s required in-kind match of $4,375.00 for Overtime Selective Enforcement - Chief Tom Foster 6. Consider adoption of a Resolution appropriating $162,235.83 received from the Department of Motor Vehicles, $129,786.66 in Federal funds and the Town’s required $32,447.17 in-kind match, for the participation in the DUI Task Force Grant - Chief Tom Foster 3 7. Consider adoption of a Resolution appropriating funds from the General Revenue Fund to the General Expense Fund for the expenditures related to the construction of Glade Creek Greenway Phase 2, a 3,060 linear feet of a ten-foot (10’) wide, paved, off-road, ADA-accessible, bicycle/pedestrian trail – Anita McMillan N. TOWN MANAGER O. MAYOR P. COUNCIL Q. ADJOURNMENT NEXT TOWN COUNCIL/COMMITTEE MEETINGS: November 17, 2016 – 8:00 a.m. – State of the Town/Vinton Area Chamber of Commerce Membership Meeting – Vinton War Memorial – 814 Washington Avenue November 22, 2016 – 9:00 a.m. – Finance Committee Meeting – Administrative Conference Room December 6, 2016 – 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 Meeting Date November 15, 2016 Department Council Issue Request to Convene in Closed Meeting, Pursuant to § 2.2-3711 (A) of the 1950 Code of Virginia, as amended, for discussion or consideration of the acquisition of real property for a public purpose, or of the disposition of publicly held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body as authorized by subsection 3 with regard to the following: a. An offer by Michael D. Henderson to purchase the fifty (50) foot wide by approximately one hundred and fifty (150) foot long undeveloped right-of-way known as Daleview Drive for purchase price of $20,000.00. b. An offer by Sarah A. & Henry J. Brabham, IV to gift to the Town of Vinton a 0.555 acre of an existing private road and a stormwater best management facility consisting of 2.855 acres, both located between Niagara Road and Vinyard Road in the Town of Vinton. Summary None Attachments Certification of Closed Meeting Recommendations None Town Council Agenda Summary AT A CLOSED MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, NOVEMBER 15, 2016 AT 6:00 P.M. IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA. CERTIFICATION THAT A CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Town Council of the Town of Vinton, Virginia has convened a closed meeting on this date, pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the Vinton Town Council that such closed meeting was conducted in conformity with Virginia Law. NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council hereby certifies that to the best of each member's knowledge: 1. Only public business matters lawfully exempted from opening meeting requirements by Virginia law were discussed in the closed meeting to which this certification applies; and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Town Council. Motion made by _________________ and seconded by ____________________ with all in favor. ___________________________________ Clerk of Council Meeting Date November 15, 2016 Department Town Clerk Issue Consider approval of minutes: a. Regular Council meeting of October 18, 2016 b. Council Strategic Planning Retreat of October 24, 2016 Summary None Attachments October 18, 2016 minutes October 24, 2016 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, OCTOBER 18, 2016, 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 PLANNING COMMISSION MEMBERS PRESENT: David R. Jones Keith N. Liles William E. Booth Dawn M. Michelsen Robert A. Patterson STAFF PRESENT: Barry W. Thompson, Town Manager Susan N. Johnson, Executive Assistant/Town Clerk Theresa Fontana, Town Attorney Anne Cantrell, Interim Finance Director Anita McMillan, Planning & Zoning Director Joey Hiner, Public Works Director Tom Foster, Police Chief Pete Peters, Assistant Town Manager/Director of Economic Development Karla Turman, Associate Planner/Code Enforcement Officer Brandon Gann, Financial Services Analyst The Mayor called the regular meeting to order 7:00 p.m. The Council Member Liles, Council Member Scheid and Mayor Grose present, which constituted a quorum. Council Member McCarty and Vice Mayor Hare had not yet arrived at the meeting. called the roll for the Planning Patterson present. After a Moment of Silence, Council Member Liles led the Pledge of Allegiance to the U.S. Flag. Roll call Under upcoming community events, Council Member Scheid reminded everyone of the Roanoke Valley Greenway annual picnic on Sunday starting Creeks Brewing Company. 2 scheduled for the Fall Festival would be held on Saturday, November 5th, annual Fall Retreat on October 24th. Under requests to postpone, add to or change announced that Delegate Head would not be able to attend the meeting tonight due to a scheduling 1st Council meeting. Council Member Scheid made a motion to motion was seconded by Council Member Liles and voting: Vote 3-0-2; Yeas (3) - Nays (0) – None; Absent (2) – McCarty, Hare. meeting of September 20, 2016 and Regular meeting of October 4, 2016 The next item on the agenda was recognition of Foster first read a Memo Officer Matthew Stafford. All were meeting. Vice Mayor Hare arrived at the meeting at 7:07 p.m. recognizing Sergeant Tim Lawless, Corporal meeting. The next item on the agenda was a report on the Vinton Volunteer First Aid Crew for September. Chief Guffey reported the volunteer truck hours were 482 out of a possible 456 for 105 marked up 87% for ALS and 13% for responded to 93 out of 126 calls and handled 89. The numbers were low for this month due to emergency calls which was higher than normal. The fractile response time was 10.06 and they had 1,600 man hours for the month. reported that they have four new members. Anne Cantrell introduced Brandon Gann as the new Financial Services Analyst. 3 The next item on the agenda was a joint Public Hearing with the Vinton Planning Commission to consider public comments regarding the joint petition of Robert O. and Linda M. Quam, owners of Lot 1, Block 12; and Sherman E. and Barbara B. Sligh; 31, 1964, recorded in the Clerk’s Office of the Circuit Court for the County of Roanoke, Virginia, on January 5, 1965, to abandon, vacate and deed a fifty (50) foot foot long undeveloped right-of- the right-of- to any other property at any time in the future. The Mayor opened the Public Hearing at 7:15 p.m. Anita McMillan first commented that the Planning Report as part of the agenda package. proposed subdivision of the property Overbays and staff w considering waiving certain requirements because the lot could only be accessed from the Town of Vinton- one from the and one to the north of Olney Road. In 2013, a request to vacate Dale submitted by the Overbays stipulation that the Slighs and Quams were to deed to them a 2013 Planning Commission meeting, John Patterson, counsel for the Overbays, requested that the application be withdrawn due to concerns that were brought up by the Slighs on Olney Road. the Slighs and Quams for the undeveloped portion to be vacated along with a petit owners along Olney Road indicating that they were in agreement for the right-of- Hearing, the Planning Commission voted to table the Public Hearing opened 4 Slighs and Quams to reach an agreement regarding the use of the undeveloped right-of-way and whether or not to vacate it. Cranwell, legal counsel retained by the Slighs and the Quams, was de requesting a continuance of the Public Hearing on the Olney Road. The plat also showed a right-of-way coming from Olney Road and an access easement to Lot B from Lot A. In addition to the access easement, there was shown Vinton’s water services, but not public sewer. All other services are Roanoke. In May of 2016 the lots were purchased by Council Member McCarty arrived at the meeting at 7:15 p.m. On June 24, 2016, a third petition was submitted by the Slighs and Quams requesting the right-of- be vacated. Council was briefed by staff on October 4th provided to each member of Council and the Planning Henderson was present at the meeting. This unable to atten request to vacate. The petitioners were also present and along with their Mr. Bullington. As part of Ms. McMillan’s report, she shared a Power Point presentation. ( will be made a part of the permanent record.) recently and was told by the attorney that closed the loan and statement in opposition to the vacation of the right-of- way 5 having safe and easy access to his property in case of a life-threatening event. He then comments. Dave Jones commented that three years a the property owners to get together some type of agreement and then was told that the Slighs and Quams were agreeing on a joint Overbays there was not a question about closing the easement or abandoning it, but that they wanted a 20 foot right-of-way into their properties. Then, Mr. Sligh and Mr. Quam came to the Public H indica requested McMillan commented that signed letters were received; however, prior to the meeting, staff received a fax from the signed nor notarized. At that time staff was informed by Mr. Sligh that they did not get all of the information and were opposed to the right-of-way being closed. to the subdivision plat “Map of Section No. 4, Bali Hai, remaining property of Bush” from 1964, which was On this plat was a 150 foot paper street to connect to what was shown as the re Bush to reserve the right to do additional subdivisions with that developed. In 1972, the Quams put in their driveway driveway was already there. Mr. Quam had was not going to be developed. maintained and improved this property combined time between them of close to 70 years. This proceeding has a and Mr. Bullington commented that key points are relevant. What initiated the proceeding in 2012 was that the former owners, the Overbays, tract. The 2012 subdivision plat was included in the agenda package showing those two lots. The plat had each lot going the middle of Daleview Drive. The 6 solicitous to the Overbays at that time that arguably had no other access to a road. At the 2013 hearing, Council heard from Attorney Kevi property owners would be irreparably harmed because they would not have access. Mr. Bullington next commented that the Overbays did in fact obtain subdivision approval to divide the property with a right-of-way to Olney Road. not provide for access through Daleview Drive. A key point is that the plat states this tract will not be further subdivided. Initially the consid this property through Daleview Drive. Now the entire Daleview Drive would be on one single residential lot which already has access. meet basic if not secondary road standards and there is no reason to have this liability for maintenance and upkeep on the Town when there is no corresponding tax basis. He respectfully requested that the vacation be granted. Mr. Richard Cranwell spoke next and commented he served as the Town Attorney During that period of time the Cities of Salem and Roanoke and divide the County between the two cities. The their line, they placed the property in question City of Roanoke. It should be in Roanoke County and in the Town of Vinton. If any road is put in, there will not be any taxes or fees paid to the Town and since Roanoke City providing the services, this on the road. He also commented that the Town’s Fire/EMS and Police would respond to this property if respond. He requested that the property be vacated and revert back to the adjoining property owners. commented that nothing is written in stone and what would happen if in the future someone wanted to put 7 agreed to it. that were made concerning dollars and cents also commented He was wants is an was never his desire. s access to the one lot. William Booth commented on the fact that Mr. they could give an but it is not their property, it is Town property. Mr. Booth next asked Mr. Henderson how closing this right-of-way would alienate him and discriminate Mr. Henderson responded that if he is the only one of right-of-way that was deeded to be shared among all three of them, it would be very discrimination. recorded su Mr. Henderson responded in May of 2016. next commented to Mr. Henderson that he bought the property knowing that his easement was Road. Mr. Hend water. He was told when he bought the property that Lot A could have access through the paper right-of- way on Daleview and that the recorded plat was only showing that there was another alternative way to get to his property. his right to use the Daleview right-of-way. Council Member Scheid commented Henderson that he that had access from Olney. different access is understandable, but the fact of the 8 Council Member Scheid asked Ms. McMillan how the subdivision plat got appro and how much frontage is on the north end of Olney Ms. McMillan commented that he has at least 50 feet on Olney. The City of Roanoke stated that these two properties are zoned agriculture and they waived a lot of the requirem subdiv that the critical point is that Mr. Henderson has legally when he bought the property he knew that. Vice Mayor Hare petitions that they did not know what signing. To Mr. Henderson, he commented that he when he was purchasing the property Overbays because they knew full well Drive was in dispute in this community. His concern could possibly be built on the property. been voted on four years ago, he would have voted to have it vacated. w getting moved slightly. He was also pretty confident that the Vinton Fire and EMS would be able to access the property. The Mayor commented that he had access to those properties. Also, Mr. Henderson has the State and does not feel that he will be in any danger. The Town would have to maintai that will have to be built to state standards and the citizens will have to bear the expense of accessing a purchased the property unfortunately has no bearing His position has not changed. Hearing no further comments, t Public Hearing at 8:15 p.m. Public Hearing closed 9 motion to recommend the adoption of the Ordinance as presented; the motion was seconded by Planning Commission Member Patterson following vote, with all members voting: Vote 5-0; Yeas (5) – Patterson, Michelsen, Booth, Liles, Jones; Nays (0) – None. this property. There is no language in the Ordinance about an assessed value of the property and the sale of the property. She personally did not believe that public property. The Town Attorney commented that Town be reimbursed, but the prepared prior to this meeting. She sugg the action can be tabled so a negotiation on the sale of the property could take place. After comments from Mr. Cranwell, the Town Attorney of the property. negotiation would be made public. commented Council, why not just wait on taking any action also be amended properly. Council Member Scheid made a motion to table the Ordinance as meeting Member Liles and carried by the following vote, with all members voting: Vote 5-0; Yeas (5) - Liles, McCarty, Scheid, Hare, Grose; Nays (0) – None. Planning Commission recommended adoption of Ordinance as presented the next Council meeting Planning Commission Member Booth made a motion to adjourn the Planning Commission; the with all members voting: Vote 5-0; Yeas (5) – Patterson, Michelsen, Booth, Liles, Jones; Nays (0) – None. from the meeting at 8:24 p.m. Planning Commission adjourned The next item on the agenda was a Public Hearing 10 feet wide by 138.52 feet long (3,463 square feet) of Glencoe Street right-of-way. The Mayor opened the Public Hearing at 8:31 p.m. Karla Turman commented that Council had previ Street was closed by Ordinance in 1993 at which time one-half went to Mr. Robinson and one- Gearhart Park. Mr. Robinson has requested to of property to add an addition to his home along with handicapped ramps which would square feet and he is willing to pay for the property. Turman commented that she did look at the distances from the softball field to the property and it appears to be approximately 225 feet at the front of the property and 160 feet at the back. any concerns. With regard to the assessment value of the property, with a per square foot amount and figured a purchase price of $1,280.00. The assessed value is 93% of a property value. However, staff was advised that a locality could add an additional seven p would make the amount $1,369.00. on his behalf had another commitment and also could not attend. In response to a comment by Vice Mayor Hare, Ms. Turman showed a drawing from visitors to the Park trespassing on his property. Ms. Turman commented that once Council approves the would be more apparent where the property line is. William Booth asked why there would be a charge for value to it as far as the Town was concerned. The Public Hearing opened 11 and if we give this property away, there may be other cases where this same question would come up. We do not want to be in a position to give away property owned by the taxpayers. Our policy in the future is compensation on behalf of the taxpayers. public property. Hearing no further comments, the Public Hearing at 8:43 p.m. Council Member Liles made a motion to adopt the Ordinance as presented. provides for a purchase price of 93% of the assessed value and that would be set. indicated that they assessed in the property at 93% of the market value. The Town could $1,369.00. Without the seven percent addition amount that the 93% of market value is the amount that the property is taxed on. After discussion, the motion was seconded by Vice Mayor Hare all members voting: Vote 5-0; Yeas (5) - Liles, McCarty, Scheid, Hare, Grose; Nays (0) – None. Public Hearing closed Adopted Ordinance No. 979 approving undeveloped portion, 25 feet wide by 138.52 feet long (3,463 square feet) of Glencoe Street right-of-way The next item on the agenda was a Public Hearing to consider public comments Telecommunications Franchise Inc. commencing on October 18, 2016. The Mayor opened the Public Hearing at 8:46 p.m. The Town Manager commented that in October 1990, Roanoke & Botetourt Telephone Company was of Vinton. This franchise has e Franchise renewal period will be for a fifteen (15) year Public Hearing opened 12 franchise is not an exclusive franchise and does not prevent the Town from gra firm or corporation the same or similar franchise rights and privileges to be exercised in or upon its streets. It telecommunication syst streets of the Town. meeting. The Town Manager further commented that he heard He was not able to attend the meeting, but stated that Lumos looked forward to a continued relationship with the Town over the new franchise period. Notice in The Vinton Messenger did solicit other bids for this franchise and no other bids were received. per year o very small and is in the midway area of Town. Vice Mayor Hare asked if anyone in that area had made he had not received any and Joey Hiner commented that they had not received any. what can be charged. Hearing no further comments, Public Hearing at 8:50 p.m. Vice Mayor Hare made a motion to adopt the Ordinance as presented by Council Member McCarty following vote, with all members voting: Vote 5-0; Yeas (5) - Liles, McCarty, Scheid, Hare, Grose; Nays (0) – None. Public Hearing closed Adopted Ordinance No. 980 granting Lumos Networks, Inc. commencing on October 18, 2016 The next item on the agenda was a briefing on a proposed 13 redevelopment of the former William Byrd High School. Pete Peters commented that recently this approximately 90 apartments. During the early phase of the property’s conception the Economic Development Committee and the Town Agreement to incentivize with terms similar to those offered by Roanoke County and the Roanoke County EDA. approval for desig determining the eligibility for certain tax credits. They project. The total private investment of the project is construction deadlines and will be held to design and character of the building in order to receive the incentives through the Performance Agreement. Town permitting fees, all water and sewer connection taxes paid to the Town for a period of ten years. The approximately $30,000. responded that the last presentation provid $10 million. The agreement can be revised to reflect the more current numbers. 14 The next item on the agenda was to consider adoption of a Transportation Fiscal Year 2017- Sharing Program Council was briefed on this applicat meeting. The pre-application has been submitted to November 1st. Council Member McCarty made a motion to adopt the Resolution as presented seconded by Council Member Scheid by the following vote, with all members voting: Vote 5-0; Yeas (5) - Liles, McCarty, Scheid, Hare, Grose; Nays (0) – None. Adopted Resolution No. 2169 to allocation of funds up to $200,000 to Department of Transportation Fiscal Year 2017- Program The next item on the agenda was to consider adoption of a Resolution approp amount of $3,265.09 for the receipt of an insurance claim made on a Dodge Charger (Unit Police Department. comments regarding the damage to the vehicle and insurance Buddy’s Auto Body to repair said v $500 deductible. Vice Mayor Hare asked why we had to pay the $500 deductible if the Town was not at fault. The Town check was received from a third- carrier and there was n part. There were other funds received, but those other damages that they found after the initial check. That check was because it was made out both to the T Buddy’s. from USAA. Vice Mayor Hare made a motion to adopt the Resolution with the language amended to state that the proper insurance filing was made with the third- party’s insurance Council Member McCarty following vote, with all members voting: Vote 5-0; Yeas (5) - Liles, McCarty, Scheid, Hare, Grose; Nays (0) – None. Adopted Amended Resolution No. 2170 amount of $3,265.09 for the receipt Dodge Charger (Unit Police Department 15 The next item on the agenda was to consider adoption of a Resolution appropriating funds in the amount of $44 replacement vehicle in the Police Department. 2012 Dodge Charger that was designated as the K9 the Chief’s vehicle at that time. The Department is down two vehicles, this vehicle and the became the Town’s vehicle for administrative use. Another vehicle just recently was reach at public surplus They with ATF funds to purchase one vehicle. This would be an all- meet the needs of the Town. disc they support this recommendation. four-wheel drive vehicles is rapidly aging, so this needs to be done to give the department the capacity during inclement weather. Vice Mayor Hare made a motion to adopt the Resolution as amended by Council Member Scheid following vote, with all members voting: Vote 5-0; Yeas (5) - Liles, McCarty, Scheid, Hare, Grose; Nays (0) – None. Vice Mayor Hare asked if the vehicle marked and Chief Foster responded yes. However, they are considering a reversal of the current colors department and the unofficial results are in favor of and how the public reacts to it. commented that he has heard from some citizens individuals feel that somewhat intimidating. Adopted Resolution appropriating funds in the amount of Department The Town Manager commented that Council will be having their Retreat on Monday, October 24th 16 he made brief comments. The homework assignment to complete the SWOT Analysis is due back to Pete Peters on Thursday. commented further on the SWOT Analysis. work on the repair. The Mayor commented on the upcoming Council Retreat and two ribbon cuttings that he recently attended for small businesses that were Veteran’s Recognition Event on November 6th at the commented on a Proclamat Anderson that will be presented to his family. Comments from Council: Vice Mayor Hare the proceeds were placed in a restricted fund to use for further suggested that Council consider doing the same discussed tonight. new policy that will be developed commented could also include this type of restriction on the use of the funds. That way there will be no question of the intent. The current policy is vague and puts the Town Manager that should make that de review the policy. signs. Council Member Liles asked if that was the 17 the fund was consumed and it was used to refurbish the signs which were falling apart. Council Member Scheid members of staff who were involved in getting posted. success of 5th. She and they will notify the property owner. Vice Mayor Hare made a motion to adjourn the meeting; the motion was seconded by Council Member Liles and carried by the following vote, with all members voting: Vote 5-0; Yeas (5) – Liles, McCarty, Scheid, Hare, Grose; Nays (0) – The meeting was adjourned at 9:36 p.m. Meeting adjourned APPROVED: _______________________________ Bradley E. Grose, Mayor ATTEST: __________________________ Susan N. Johnson, Town Clerk 1 MINUTES OF A STRATEGIC PLANNING RETREAT OF VINTON TOWN COUNCIL HELD ON OCTOBER 24, 2016, AT THE VINTON WAR MEMORIAL, 814 WASHINGTON AVENUE, VINTON, VIRGINIA. MEMBERS PRESENT: Bradley E. Grose, Mayor Matthew S. Hare, Vice Mayor Keith Liles Sabrina McCarty Janet Scheid STAFF PRESENT: Barry Thompson, Town Manager Susan N. Johnson, Town Clerk Pete Peters, Assistant Town Manager Donna Collins, Human Resources Director Joey Hiner, Public Works Director Anita McMillan, Planning & Zoning Director Anne Cantrell, Interim Finance Director Chris Linkous, Deputy Chief, Fire & EMS Mary Beth Layman, Special Programs Director Tom Foster, Police Chief Chasity Barbour, Facilities Manager Mike Faw, Deputy Director of Public Works, Utility Division OTHERS PRESENT: Allen Moyer Justin Davison Stephanie Brown-Mead Angie Chewning The Mayor opened the meeting and then turned the meeting over to the Town Manager. After the Town Manager commented on the purpose and expectations of the morning session, he turned the meeting over to Allen Moyer. Mr. Moyer gave a brief overview of the agenda and set the ground rules. The next item was the Group Session led by Pete Peters. Mr. Peters asked everyone to envision what they would like for the Town to look like in 15 years. Then Mr. Peters listed items that the participants indicated they would like to keep and items they would like to change. After a short break, the participants disbursed to another room where they were divided into groups of four at five tables. Prior to the Retreat, each participant was asked to prepare a SWOT (strengths, weaknesses, opportunities and threats) analysis. Each table was given a consolidated list of the SWOT analysis prepared by the members of their table and they were asked to rank as a group their top eight to ten in each category. The next exercise was for each table to share their top ranked items in each category (that were not duplicates) while Mr. Peters assigned them to one of six categories—Neighborhoods & Community, Business Environment, Land-Use Development, Public Safety, Infrastructure & Facilities and Government/Administration. Then, participants were each given 12 dots and were asked to place their dots beside the items that they deemed most important. After the items were ranked in each of the six categories, the top three were selected (Gain Sharing, Under Developed Property and the Vinton War Memorial-Hotel Development) and 2 participants listed tools that could be used to try and address each of these significant items in the Town. After a break for lunch, the afternoon session began at 12:30 p.m. The first item on the afternoon agenda was a presentation by Andrew Kassoff of EEE Consulting in Blacksburg entitled “Stormwater Compliance”. A copy of the presentation is on file in the Town Clerk’s Office and will be made a part of the permanent record. The next item on the agenda was a presentation by Joey Hiner of a virtual tour of the Town’s utility systems followed by information on sinkhole/storm drain repairs in May, June, July, September and October of 2016 showing man-hours, equipment and material costs. A copy of the presentation is on file in the Town Clerk’s Office and will be made a part of the permanent record. The next item on the agenda was a presentation by Anne Cantrell of the Vinton-Roanoke County Gainsharing Agreement. A copy of the presentation is on file in the Town Clerk’s Office and will be made a part of the permanent record. Following discussion on the Gainsharing Agreement, Council requested that a committee to be called the “Vinton Advisory Committee” be established to begin a review of the components of the Gainsharing Agreement. The following individuals were recommended to be a part of the Committee: Bradley Grose, Mayor Joey Hiner, Public Works Director Janet Scheid, Council Member Chris Linkous, Deputy Chief, Fire/EMS Anne Cantrell, Interim Finance Director Stephanie Brown-Meade Justin Davison Barry Thompson, Town Manager Theresa Fontana, Town Attorney Sherri Winkler Tom Foster, Police Chief An individual from East Roanoke County The Town Clerk was directed to put this item on the November 1st meeting for action by Council. Discussion was had regarding the number of rental properties in the Town. Pete Peters commented that he would investigate potential housing and home ownership grants and provide Council with an update on various options. Mr. Peters also suggested that he will request a meeting with several of the prominent rental property owners to see what steps the town might take to encourage these owners to make improvements to their properties to increase values and improve esthetics. After closing comments, the retreat was adjourned at 5:00 p.m. APPROVED: _____________________________ Bradley E. Grose, Mayor ATTEST: ___________________________ Susan N. Johnson, Town Clerk Meeting Date November 15, 2016 Department Vinton Volunteer First Aid Crew Issue Report on the Vinton Volunteer First Aid Crew for October Summary Chief Wayne Guffey will be present to give this report to Council. Attachments October 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 October 2016 Report  Volunteer Truck hours was 536 of 492 possible hours for 109 %  We had a unit in service 100% of the volunteer time  Medic truck marked up 88% and a BLS Unit12%  Responded to 82 out of 113 calls doing volunteer hours 72%  Handled 80 out of 113 calls doing volunteer hours 70% o Out of the 33 calls career handled 20 were 2nd emergency calls  Fractile Response time was 7.33  1767 man hours for the month of June Wayne Guffey Chief Vinton First Aid Crew Volunteer JAN FEB MAR APR MAY JUNE JULY AUG SEP OCT NOV DEC TOTAL 2016 1765 1447 1536 1813 1745 1486 1654 1519 1600 1767 16332 2015 2157 1629 1892 1636 1721 1415 1481 1715 1596 1695 1660 1445 20042 2014 1571 1585 2209 1721 1638 1675 1727 1619 1574 1946 1731 1876 20872 2013 1651 1451 1523 1943 1436 1672 1824 1501 1571 1697 1892 1623 19784 2012 1891 1999 1947 2244 1805 1824 2104 1971 1528 1526 1480 1516 21835 98865 Average 1807 1622.2 1821.4 1871.4 1669 1614.4 1758 1665 1573.8 1726.2 1690.75 1615 19773 Volunteer JAN FEB MAR APR MAY JUNE JULY AUG SEP OCT NOV DEC TOTAL Possible Pct 2016 567 434 517 586 536 459 517 533 482 536 5167 4740 109.01% 2015 453 397 462 479 514 434 454 482 443.5 458 426 472 5474.5 5630 97.24% 2014 437 409.5 490.5 468 491 438 463 476 438 491 477 428 5507 5646 97.54% 2013 405 375 449 485 419 441 531 458 442 460 409 472 5346 5642 94.75% 2012 412 441 418 480 449 515 576 495 410 438 423 504 5561 5630 98.77% 27055.5 27288 99.15% 0 100 200 300 400 500 600 700 JAN FEB MAR APR MAY JUNE JULY AUG SEP OCT NOV DEC Chart Title 2016 2015 2014 2013 2012 Volunteer JAN FEB MAR APR MAY JUNE JULY AUG SEP OCT NOV DEC TOTAL 2016 137 108 126 134 141 120 119 109 126 113 1233 2015 114 107 101 114 156 130 109 118 132 113 118 126 1438 2014 106 109 113 110 130 129 131 112 163 114 98 138 1453 2013 125 97 144 126 121 125 120 125 105 122 114 109 1433 2012 101 84 92 134 125 143 137 116 140 126 99 134 1431 13 7 10 8 12 6 13 4 14 1 12 0 11 9 10 9 12 6 11 3 0 11 4 10 7 10 1 11 4 15 6 13 0 10 9 11 8 13 2 11 3 11 8 12 6 10 6 10 9 11 3 11 0 13 0 12 9 13 1 11 2 16 3 11 4 98 13 8 12 5 97 14 4 12 6 12 1 12 5 12 0 12 5 10 5 12 2 11 4 10 9 10 1 84 92 13 4 12 5 14 3 13 7 11 6 14 0 12 6 99 13 4 0 20 40 60 80 100 120 140 160 180 JAN FEB MAR APR MAY JUNE JULY AUG SEP OCT NOV DEC 2016 2015 2014 2013 2012 137 108 126 134 141 120 119 109 126 113 98 89 95 93 97 90 87 84 89 80 0 50 100 150 200 250 JAN FEB MAR APR MAY JUNE JULY AUG Sep Oct Calls Handled Calls Dispatched Calls that were disptached that the volunteer crew handled JAN FEB MAR APR MAY JUNE JULY AUG SEP Oct Calls Dispatched 137 108 126 134 141 120 119 109 126 113 Calls Responded 104 90 100 100 101 95 95 90 93 82 FEB MAR APR MAY JUNE JULY AUG SEP Oct Calls Responded 90 100 100 101 95 95 90 93 82 Calls Dispatched 108 126 134 141 120 119 109 126 113 108 126 134 141 120 119 109 126 113 90 100 100 101 95 95 90 93 82 0 50 100 150 200 250 300 Ax i s T i t l e Calls Dispatched that the crew responded too JAN FEB MAR APR MAY JUNE JULY AUG SEP Oct Fractile Response 9.59 9.27 9.83 9.78 7.98 9.24 9.22 10.17 10.06 7.33 9.59 9.27 9.83 9.78 7.98 9.24 9.22 10.17 10.06 7.33 0 2 4 6 8 10 12 JAN FEB MAR APR MAY JUNE JULY AUG SEP Oct Fractile Response Goal is under 12 minutes FEB MAR APR MAY JUNE JULY AUG SEP Oct Volunteer unit in service 100 100 97 98 100 100 100 100 100 100 100 97 98 100 100 100 100 100 95.5 96 96.5 97 97.5 98 98.5 99 99.5 100 100.5 Ax i s T i t l e Percentage of Unit in Service 1447 1536 1813 1745 1486 1654 1519 1600 1767 0 200 400 600 800 1000 1200 1400 1600 1800 2000 FEB MAR APR MAY JUNE JULY AUG SEP Oct Man Hours Man Hours Meeting Date November 15, 2016 Department Police Issue Briefing on an application for a grant for a Multi-Jurisdictional Threat Assessment Project and an application for a grant through the Department of Criminal Justice Services titled “21st Century Policing”. Summary The Vinton Police Department will partner with Roanoke County Police, Roanoke City Police, and Salem City Police, in a Multi-Jurisdictional Threat Assessment Project. The grant amount is $20,000.00 with a match of 10% that will be split 4 ways, with the Towns match being $500.00. The Department has also applied for a grant through the Department of Criminal Justice Services titled “21st Century Policing”. They have titled the project “Mobile Community Services Unit” (MCSU). This grant will provide a Mobile Community Services Unit (MCSU) to promote outreach and education, community engagement, and crime prevention while enhancing the relationship between our agency and our community. The total for this grant is $20,000.00 with an in-kind match of 10% to equal $2,000.00. The in-kind match will be paid out of the Department’s Training and Fuel budget. Attachments None Recommendations No action required Town Council Agenda Summary Meeting Date November 15, 2016 Department Council Issue Consider a motion to accept or reject an offer by Michael D. Henderson to purchase the fifty (50) foot wide by approximately one hundred and fifty (150) foot long undeveloped right-of-way known as Daleview Drive for purchase price of $20,000.00. Summary None Attachments None Recommendations Motion to accept or reject offer Town Council Agenda Summary Meeting Date November 15, 2016 Department Council Issue Consider a motion to accept or reject an offer by Sarah A. & Henry J. Brabham, IV to gift to the Town of Vinton a 0.555 acre of an existing private road and a stormwater best management facility consisting of 2.855 acres, both located between Niagara Road and Vinyard Road in the Town of Vinton. Summary None Attachments None Recommendations Motion to accept or reject offer Town Council Agenda Summary Meeting Date November 15, 2016 Department Planning and Zoning Issue Consider adoption of an Ordinance approving the joint petition of Robert O. and Linda M. Quam, owners of Lot 1, Block 12; and Sherman E. and Barbara B. Sligh; owners of Lot 7, Block 9, of Plat Book 6, Page 30 showing Map of Section Number 4, Bali Hai Subdivision, property of W.E. and Olney G. Cundiff, prepared by C. B. Malcolm & Son and dated August 31, 1964, recorded in the Clerk’s Office of the Circuit Court for the County of Roanoke, Virginia, on January 5, 1965, to abandon, vacate and deed a fifty (50) foot wide by approximately one hundred and fifty (150) foot long undeveloped right-of-way, known as Daleview Drive, to the adjoining property owners Summary A joint public hearing of the Planning Commission and Town Council was held on October 18, 2016, to consider public comments regarding the joint petition of Robert O. and Linda M. Quam and Sherman E. and Barbara B. Sligh to abandon, vacate and deed a fifty (50) foot wide approximately one hundred and fifty (150) foot long undeveloped right-of-way, known as Daleview Drive, to the above named adjoining property owners. They also requested that this undeveloped portion of the right-of-way never to be used as a street or road to any other property at any time in the future. The Planning Commission voted unanimously to recommend that the joint petition be approved by Town Council. Town Council tabled the request in order to have time to establish the fair market value for the undeveloped Daleview Drive right-of-way. The legal counsel for the Petitioners agreed to hire an appraiser to determine the value of the property. On October 28, 2016, an appraisal was submitted, and based on the appraisal, the Quams and the Slighs have agreed to pay $3,000 each to the Town for their shares of the undeveloped Daleview Drive right-of-way once it is vacated. Attachments Appraisal Ordinance Alternatives 1. Approve the request. 2. Deny the request. Recommendation Motion to adopt Ordinance Town Council Agenda Summary 1 ORDINANCE NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, NOVEMBER 15, 2016, AT 6:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA. AN ORDINANCE permanently abandoning, vacating, and deeding a fifty (50) foot wide by approximately one hundred and fifty (150) foot long undeveloped public right-of-way, known as Daleview Drive, to the adjoining property owners. WHEREAS, on June 24, 2016, Robert O. and Linda M. Quam, owners of Lot 1, Block 12; and Sherman E. and Barbara B. Sligh; owners of Lot 7, Block 9, of Plat Book 6, Page 30 showing Map of Section Number 4, Bali Hai Subdivision, property of W. E. and Olney G. Cundiff, prepared by C. B. Malcolm & Son and dated August 31, 1964, recorded in the Clerk’s Office of the Circuit Court for the County of Roanoke, Virginia, on January 5, 1965, filed an application with the Council of the Town of Vinton, Virginia, in accordance with the law, requesting that the Council permanently abandon, vacate, discontinue and deed to them as the adjoining property owners, the undeveloped public right-of-way, known as Daleview Drive, described hereinafter; and WHEREAS, on April 15, 2013, a notification letter was sent by the Town Planning and Zoning Department to American Electric Power (AEP), Cox Communications, Roanoke Gas Company, Verizon, and Vinton Public Works Department inquiring if said companies have utilities in the said undeveloped public right-of-way; and WHEREAS, on September 22, 2016, a notification letter was mailed by the Town of Vinton to the adjoining property owners of said undeveloped public right-of-way; and WHEREAS, on October 4, 2016, at the Town Council’s regularly scheduled meeting, members of Town Council were briefed by Staff on the request; and WHEREAS, a joint public hearing was held on said application by the Planning Commission and Town Council on October 18, 2016, respectively, after due and timely notice pursuant to the provisions of Sections 15.2-2272 and 15.2-2204 of the 1950 Code of Virginia, as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such application; and WHEREAS, it appears from the foregoing that all interested parties have been properly notified; and WHEREAS, at the meeting on October 18, 2016, members of the Town Council requested that a purchase price be established for the Petitioners for the vacated undeveloped Daleview Drive; and 2 WHEREAS, on October 28, 2016, C. Richard Cranwell, legal counsel for the Petitioners, submitted an appraisal value of Daleview Drive that was completed by Noble Valuation Consulting, LLC; and WHEREAS, the appraiser, L. Steven Noble, has investigated and formed an opinion of the value of the land known as Daleview Drive, and proposed to be transferred to the adjoining property owners of 647 and 701 Olney Road. The appraiser’s opinion of value of the land is $3,000.00 per lot for 647 and 701 Olney Road, respectively; and WHEREAS, both of the Petitioners, the Quams and the Slighs, have agreed to pay $3,000.00 cash each for their shares of the vacated undeveloped Daleview Drive right-of-way; and WHEREAS, the Council has carefully considered the request and finds that no inconvenience will result to any individual or to the public from permanently abandoning, vacating, and deeding such undeveloped public right-of-way to the adjoining property owners. THEREFORE, BE IT ORDAINED by the Council of the Town of Vinton, Virginia that the undeveloped public right-of-way situated in the Town of Vinton, Virginia; more particularly described as: That certain undeveloped 50 feet wide by 150.01 feet long platted street known as Daleview Drive, lying between Lot 1, Block 12, and Lot 7, Block 9, as shown on the Map of Section Number 4, Bali Hai Subdivision, property of W. E. and Olney G. Cundiff, prepared by C. B. Malcolm & Son, dated August 31, 1964, and recorded in the Clerk’s Office of the Circuit Court for the County of Roanoke, Virginia, in Plat Book 6, Page 30, on January 5, 1965; be, and is hereby permanently abandoned, vacated, and deeded to the adjoining property owners in exchange for $3,000.00 cash each, and that all rights and interests of the public in and to the same be, and hereby are released insofar as the Council of the Town of Vinton is empowered so to do with respect to the closed the right-of-way. BE IT FURTHER ORDAINED that the applicants shall, upon meeting all other conditions of the granting of the application, deliver to the Clerk of the Circuit Court of the County of Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are recorded in such Clerk’s Office, indexing the same in the name of the Town of Vinton, Virginia, as Grantor, and in the name of the Petitioners, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the County of Roanoke, Virginia, where deeds are recorded in such Clerk’s Office, file with the Town Manager of the Town of Vinton, Virginia, the Clerk’s receipt, demonstrating that such recordation has occurred. This ordinance shall be in full force and effect upon passage. 3 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, Town Clerk Meeting Date November 15, 2016 Department Police Issue Consider adoption of a proposed Ordinance amending Chapter 74, “Secondhand Goods” of the Vinton Town Code by adopting Article III, “Precious Metals Dealers,” for the purpose of regulating precious metals dealers conducting business within the Town of Vinton and providing for an effective date. Summary Council was briefed on the proposed Ordinance at their November 1, 2016 meeting. This ordinance will bring the Code of the Town of Vinton in line with the codes of other jurisdictions within the Roanoke Valley, and the Code of Virginia. Attachments Ordinance Recommendations Motion to adopt Ordinance Town Council Agenda Summary 1 ORDINANCE NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL, HELD ON TUESDAY, NOVEMBER 15, 2016 AT 7:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA. AN ORDINANCE amending Chapter 74, “Secondhand Goods” of the Vinton Town Code by adopting Article III, “Precious Metals Dealers,” for the purpose of regulating precious metals dealers conducting business within the Town of Vinton; providing for an effective date. NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Vinton that Article III, “Precious Metals Dealers” of Chapter 74, “Secondhand Goods,” of the Vinton Town Code, is hereby adopted and enacted as follows: ARTICLE III. – PRECIOUS METALS DEALERS Sec. 74-30. - Definitions. For the purposes of this article, unless the context requires a different meaning: "Coin" means any piece of gold, silver, or other metal fashioned into a prescribed shape, weight, and degree of fineness, stamped by authority of a government with certain marks and devices, and having a certain fixed value as money. "Dealer" means any person, firm, partnership, or corporation engaged in the business of (i) purchasing secondhand precious metals or gems; (ii) removing in any manner precious metals or gems from manufactured articles not then owned by the person, firm, partnership, or corporation; or (iii) buying, acquiring, or selling precious metals or gems removed from manufactured articles. "Dealer" includes all employers and principals on whose behalf a purchase is made, and any employee or agent who makes any purchase for or on behalf of his employer or principal. The definition of "dealer" shall not include persons engaged in the following: A. Purchases of precious metals or gems directly from other dealers, manufacturers, or wholesalers for retail or wholesale inventories, provided that the selling dealer has complied with the provisions of this article. B. Purchases of precious metals or gems from a qualified fiduciary who is disposing of the assets of an estate being administered by the fiduciary. C. Acceptance by a retail merchant of trade-in merchandise previously sold by the retail merchant to the person presenting that merchandise for trade-in. D. Repairing, restoring or designing jewelry by a retail merchant, if such activities are within his normal course of business. 2 E. Purchases of precious metals or gems by industrial refiners and manufacturers, insofar as such purchases are made directly from retail merchants, wholesalers, dealers, or by mail originating outside the Commonwealth. F. Persons regularly engaged in the business of purchasing and processing nonprecious scrap metals which incidentally may contain traces of precious metals recoverable as a by-product. "Gems" means any item containing precious or semiprecious stones customarily used in jewelry. "Precious metals" means any item except coins composed in whole or in part of gold, silver, platinum, or platinum alloys. Sec. 74-31 - Records to be kept; copy furnished to local authorities. A. Every dealer shall keep at his place of business an accurate and legible record of each purchase of precious metals or gems. The record of each purchase shall be retained by the dealer for at least 24 months and shall set forth the following: 1. A complete description of all precious metals or gems purchased from each seller. The description shall include all names, initials, serial numbers, or other identifying marks or monograms on each item purchased, the true weight or carat of any gem, and the price paid for each item; 2. The date, time, and place of receiving the items purchased; 3. The full name, residence address, work place, home and work telephone numbers, date of birth, sex, race, height, weight, hair and eye color, and other identifying marks of the person selling the precious metals or gems; 4. Verification of the identification by the exhibition of a government-issued identification card bearing a photograph of the person selling the precious metals or gems, such as a driver's license or military identification card. The record shall contain the type of identification exhibited, the issuing agency, and the number thereon; 5. A statement of ownership from the seller; and 6. A digital image of the form of identification used by the person involved in the transaction. B. The information required by subdivisions A 1 through A 3 shall appear on each bill of sale for all precious metals and gems purchased by a dealer, and a copy shall be mailed or delivered within 24 hours of the time of purchase to the chief law-enforcement officer of the locality in which the purchase was made. Sec. 74-32. - Officers may examine records or property; warrantless search and seizure authorized. 3 Every dealer or his employee shall admit to his place of business during regular business hours the town chief of police or his designee or any law-enforcement officer of the state or federal government. The dealer or his employee shall permit the officer to (i) examine all records required by this article and any article listed in a record which is believed by the officer to be missing or stolen and (ii) search for and take into possession any article known to him to be missing, or known or believed by him to have been stolen. Sec. 74-33. - Credentials and statement of ownership required from seller. No dealer shall purchase precious metals or gems without first (i) ascertaining the identity of the seller by requiring an identification issued by a governmental agency with a photograph of the seller thereon, and at least one other corroborating means of identification, and (ii) obtaining a statement of ownership from the seller. The town council may determine the contents of the statement of ownership. Sec. 74-34. - Prohibited purchases. A. No dealer shall purchase precious metals or gems from any seller who is under the age of eighteen. B. No dealer shall purchase precious metals or gems from any seller who the dealer believes or has reason to believe is not the owner of such items, unless the seller has written and duly authenticated authorization from the owner permitting and directing such sale. Sec. 74-35. - Dealer to retain purchases. A. The dealer shall retain all precious metals or gems purchased for a minimum of 15 calendar days from the date on which a copy of the bill of sale is received by the chief of police. Until the expiration of this period, the dealer shall not sell, alter, or dispose of a purchased item in whole or in part, or remove it from the town. B. If a dealer performs the service of removing precious metals or gems, he shall retain the metals or gems removed and the article from which the removal was made for a period of 15 calendar days after receiving such article and precious metals or gems. Sec. 74-36. - Record of disposition. Each dealer shall maintain for at least twenty-four months an accurate and legible record of the name and address of the person, firm, or corporation to which he sells any precious metal or gem in its original form after the waiting period required in Sec. 74-35 herein. This record shall also show the name and address of the seller from whom the dealer purchased the item. Sec. 74-37. - Bond or letter of credit required of dealers when permit obtained. A. Every dealer shall secure a permit from the town as required in Sec. 74-39 and each dealer at the time of obtaining such permit shall enter into a recognizance to the town secured by a corporate surety authorized to do business in this Commonwealth, in the penal sum of $10,000, conditioned upon due observance of the terms of this article. In 4 lieu of a bond, a dealer may cause to be issued by a bank authorized to do business in the Commonwealth a letter of credit in favor of the town for $10,000. B. A single bond upon an employer or principal may be written or a single letter of credit issued to cover all employees and all transactions occurring at a single location. Sec. 74-38. - Private action on bond or letter of credit. Any person aggrieved by the misconduct of any dealer which violated the provisions of this article may maintain an action for recovery in any court of proper jurisdiction against the dealer and his surety. Recovery against the surety shall be only for that amount of the judgment which is unsatisfied by the dealer. Sec. 74-39 - Permit required; method of obtaining permit; no convictions of certain crimes; approval of weighing devices; renewal; permanent location required. A. No person shall engage in the activities of a dealer as defined herein within the Town of Vinton without first obtaining a permit from the Vinton chief of police. B. Pursuant to Virginia Code § 54.1-4108, the dealer shall file a permit application form with the chief of police which includes the dealer's full name, any aliases, address, age, date of birth, sex, and fingerprints; the name, address, and telephone number of the applicant's employer, if any; and the location of the dealer's place of business. Upon filing this application and the payment of a $200 application fee, the dealer shall be issued a permit by the chief of police or his designee, provided that the applicant has not been convicted of a felony or crime of moral turpitude within seven years prior to the date of application. The permit shall be denied if the applicant has been denied a permit or has had a permit revoked under any ordinance similar in substance to the provisions of this article. C. Before a permit may be issued, the dealer must have all weighing devices used in his business inspected and approved by local or state weights and measures officials and present written evidence of such approval to the chief of police or his designee. D. This permit shall be valid for one year from the date issued and may be renewed in the same manner as such permit was initially obtained with an annual permit fee of $200. No permit shall be transferable. E. If the business of the dealer is not operated without interruption, with Saturdays, Sundays, and recognized holidays excepted, the dealer shall notify the chief of police of all closings and reopenings of such business. The business of a dealer shall be conducted only from the fixed and permanent location specified in his application for a permit. F. The chief of police may waive the permit fee for retail merchants that are not required to be licensed as pawnbrokers under Chapter 40 (§ 54.1-4000 et seq.), provided the retail merchant has a permanent place of business and purchases of precious metals and gems do not exceed five percent of the retail merchant's annual business. Sec. 74.40. - Exemptions from chapter. 5 A. The chief of police may waive by written notice implementation of any one or more of the provisions of this article, except Sec. 74-34, for particular numismatic, gem, or antique exhibitions or craft shows sponsored by nonprofit organizations, provided that the purpose of the exhibitions is nonprofit in nature, notwithstanding the fact that there may be casual purchases and trades made at such exhibitions. B. The provisions of this article shall not apply to the sale or purchase of coins. C. The provisions of this article shall not apply to any bank, branch thereof, trust company or bank holding company, or any wholly owned subsidiary thereof, engaged in buying and selling gold and silver bullion. Sec. 74-41. - Penalties; first and subsequent offenses. A. Any person convicted of violating any of the provisions of this article shall be guilty of a Class 2 misdemeanor for the first offense. Upon conviction of any subsequent offense he shall be guilty of a Class 1 misdemeanor. B. Upon the first conviction of a dealer for violation of any provision of this article, the chief of police may revoke the dealer's permit for one full year from the date the conviction becomes final. Such revocation shall be mandatory for two full years from the date the conviction becomes final upon a second conviction. Secs. 74-42-74-50. – Reserved. * * * This ordinance shall take effect on November 15, 2016. This Ordinance adopted on motion made by Council Member ___________, seconded by Council Member ______________, with the following votes recorded: AYES: NAYS: APPROVED: _________________________________ Bradley E. Grose, Mayor ATTEST: ____________________________________ Susan N. Johnson, Town Clerk Meeting Date November 15, 2016 Department Police Issue Consider adoption of a Resolution appropriating $13,125.00 received from the Department of Motor Vehicles, $8,750.00 in Federal funds and the Town’s required in-kind match of $4,375.00 for Overtime Selective Enforcement. Summary The Department of Criminal Justice Services has approved a grant for the Police Department in the amount of $13,125.00 to include an in-kind match of $4,375.00, to be paid by the Vinton Police Department out of the Fuel and Maintenance and Repair line items. This funding, if approved by Council, will be used to pay officers the overtime rate to work Selective Enforcement in the town and to fund $800.00 in DMV approved training. Attachments Resolution Recommendations Motion to adopt Resolution Town Council Agenda Summary RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD AT 6:00 PM ON TUESDAY, NOVEMBER 15, 2016, IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA WHEREAS, the Department of Motor Vehicles (DMV) has approved a grant for Selective Enforcement-Overtime in the amount of $13,125.00, to include an in-kind match from the Town in the amount of $4,375.00, to be paid from the current Police Budget under Fuel and Maintenance/Repair budget expenditure accounts; and WHEREAS, the Police Department would use these grant funds for overtime selective enforcement hours and to participate in checkpoints with surrounding jurisdiction, as well as sending one officer to a DMV approved training; and WHEREAS, the budget for the DMV portion of the grant in the amount of $8,750.00 needs to be appropriated to the following account numbers for financial tracking purposes; and NOW THEREFORE, BE IT RESOLVED, that the Vinton Town Council does hereby approve the following: APPROPRIATE FROM: 200.2404.015 DMV Overtime Grant Revenue fund $8,750.00 TO: 200.3101.102 Police Overtime budget line item $7,950.00 200.3101.560 Police Travel/Training budget line item $ 800.00 TOTAL $8,750.00 This Resolution adopted on motion made by Council Member ______________, seconded by Council Member ________________, with the following votes recorded: AYES: NAYS: APPROVED: ______________________________ Bradley E. Grose, Mayor ATTEST: _________________________________ Susan N. Johnson, Town Clerk Meeting Date November 15, 2016 Department Police Issue Consider adoption of a Resolution appropriating $162,235.83 received from the Department of Motor Vehicles, $129,786.66 in federal funds and the Town’s required $32,447.17 in-kind match, for the participation in the DUI Task Force Grant. Summary The Department of Motor Vehicles has approved a grant for the Police Department in the amount of $162,235.83 to include an in-kind match of $32,447.17, to be paid by the Vinton Police Department from the Fuel and Maintenance and Repair line items This funding, if approved by Council, will be used to fund one person in the DUI Task Force, to pay the salary and benefits, all uniform equipment, vehicle and vehicle equipment, etc. for up to 5 years. Attachments Resolution Recommendations Motion to adopt Resolution Town Council Agenda Summary 1 RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD AT 6:00 PM ON TUESDAY, NOVEMBER 15, 2016, IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA WHEREAS, the Department of Motor Vehicles (DMV) has approved a grant for our participation in the DUI Task Force for the total amount of $162,235.83, to include an in-kind match from the Town in the amount of $32,447.00, to be paid from the current Police Budget under Fuel and Maintenance/Repair expenditure accounts; and WHEREAS, the Police Department would use these grant funds to pay one police officer’s salary and benefits, all uniform needs, rifle and gun needs, cell phone and MDT Connectivity, a vehicle and all vehicle needs, and for this officer to participate in checkpoints with surrounding jurisdiction, and saturation patrol efforts in the DUI Task Force, for up to 5 years; and WHEREAS, the budget for the DMV portion of the grant in the amount of $129,788.66 needs to be appropriated to the following account numbers for financial tracking purposes; and NOW THEREFORE, BE IT RESOLVED, that the Vinton Town Council does hereby approve the following: FROM: 200.2404.026 DMV DUI Task Force Grant $129,788.66 TO: 200.3401.101 DMV DUI Task Force Grant. Salaries $ 49,494.00 200.3401.102 DMV DUI Task Force Grant. Overtime $ 3,600.00 200.3401.201 DMV DUI Task Force Grant. FICA $ 2,869.00 200.3401.202 DMV DUI Task Force Grant. VRS $ 4,076.00 200.3401.203 DMV DUI Task Force Grant. VRS GL $ 489.00 200.3401.304 DMV DUI Task Force Grant. Maint/Repair $ 120.00 200.3401.310 DMV DUI Task Force Grant. Uniforms $ 5,140.66 200.3401.521 DMV DUI Task Force Grant. Telephone $ 1,020.00 200.3401.553 DMV DUI Task Force Grant. Materials $ 1,520.00 200.3401.554 DMV DUI Task Force Grant. Firearms $ 3,710.00 200.3401.560 DMV DUI Task Force Grant. Training $ 1,250.00 200.3401.705 DMV DUI Task Force Grant. Vehicle $ 56,500.00 TOTAL $129,788.66 2 This Resolution adopted on motion made by Council Member ______________, seconded by Council Member ________________, with the following votes recorded: AYES: NAYS: APPROVED: ______________________________ Bradley E. Grose, Mayor ATTEST: _________________________________ Susan N. Johnson, Town Clerk Meeting Date November 15, 2016 Department Planning and Zoning Issue Consider adoption of a Resolution appropriating funds from the General Revenue Fund to the General Expense Fund for the expenditures related to the construction of Glade Creek Greenway Phase 2, a 3,060 linear feet of a ten-foot (10’) wide, paved, off-road, ADA-accessible, bicycle/pedestrian trail. Summary On October 20, 2015, Vinton Town Council adopted a resolution, authorizing the Town Manager to submit an application in the amount of $417,710, for VDOT MAP-21 Transportation Alternatives (TA) funds allocation, for the construction of Glade Creek Greenway Phase 2 from Walnut Avenue to Gus Nicks Boulevard. The total estimated cost for this greenway is $526,210. In July 2016, the CTB approved allocations for the FY 2017 TA Programs Projects and Glade Creek Greenway Phase 2 Project is one of the approved projects. On August 30, 2016, and September 12, 2016, the Project Administrative Agreement and Appendix A for the Project were fully executed by both the Town Manager and authorized VDOT Officials. In accordance with CTB Policy, the Project must be completed and the TA allocation expended by October 1, 2020. The grant requires a minimum of twenty percent (20%) local match, which is to be funded by the Town of Vinton and Pathfinders for the Greenways: Grant administrative costs by staff including FEMA coordination, environmental document, grant administration, and contract bidding ($50,000); Roanoke County greenway easement donation ($5,000); Pathfinders for Greenways in labor and materials ($34,000); town’s general funds for the purchase and installation of drainage pipe ($19,500). Attachments 1. Map of the Glade Creek Greenway – Phase 1 (under construction) and Phase 2 2. Glade Creek Greenway Phase 2 Project Budget 3. Resolution Recommendation Motion to adopt Resolution Town Council Agenda Summary RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, NOVEMBER 15, 2016, AT 6:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA GLADE CREEK GREENWAY PHASE 2 WHEREAS, on October 20, 2015, Resolution No. 2118 was adopted by Vinton Town Council authorizing the Town Manager to file an application for allocation of Virginia Department of Transportation (VDOT) MAP-21 Transportation Alternatives Fiscal Year 2017 Program funds; establishing the Project title; setting the amount of funds requested and setting forth the amount of in-kind matching costs that are part of the total Project cost; and WHEREAS, the Commonwealth Transportation Board (CTB), at their June 14, 2016, meeting approved and obligated the grant funds requested in the amount of $417,710.00 for the aforementioned Project with an estimated total cost of $526,210.00; and WHEREAS, on August 30, 2016, the Town Manager executed the Standard Project Administration Agreement Federal-aid Projects and Appendix A for the Project; and WHEREAS, the Standard Project Administration Agreement Federal-aid Projects and Appendix A for the Project were executed by VDOT authorized officials on September 12, 2016; and WHEREAS, the Town agrees to provide the administrative services to manage the grant through the completion of the Project; and WHEREAS, the said grant requires a minimum local match of twenty percent (20%); and WHEREAS, said match is to be funded by $19,500.00 from the Town’s general fund; $50,000 in grant administration by Town staff; and $34,000 donation in labor and materials from Pathfinders for the Greenways; $5,000 greenway easement donation from the County of Roanoke. NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby authorize the monies to be appropriated from the general revenue fund to the general expense fund, for the construction and related expenses of the Glade Creek Greenway. General Revenue Fund 200.2404.057 VDOT Transportation Alternatives (TA) Funds (Reimbursement Fund) $526,210.00 2 General Expense Fund 200.8101.741 VDOT Transportation (TA) Glade Creek Greenway Phase 2 Project $526,210.00 This Resolution adopted on motion made by Council Member _____________, seconded by Council Member ________________, with the following votes recorded: AYES: NAYS: APPROVED: ___________________________________ Bradley E. Grose, Mayor ATTEST: _____________________________ Susan N. Johnson, Town Clerk