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Home My WebLink About10/18/2016 - Regular1 Vinton Town Council Regular Meeting Council Chambers 311 South Pollard Street Tuesday, October 18, 2016 AGENDA Consideration of: A. 7:00 p.m. - ROLL CALL AND ESTABLISHMENT OF A QUORUM • VINTON TOWN COUNCIL • VINTON PLANNING COMMISSION 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 minutes of regular Council meeting of September 20, 2016. 2. Consider approval of minutes of regular Council meeting of October 4, 2016. G. AWARDS, INTRODUCTIONS, PRESENTATIONS, PROCLAMATIONS 1. Preview of the upcoming General Assembly Session – Delegate Christopher T. Head 2. Officers of the Month for September – Chief Tom Foster 3. Report on the Vinton Volunteer First Aid Crew for September – Chief Wayne Guffey H. CITIZENS’ COMMENTS AND PETITIONS - This section is reserved for comments and questions for issues not listed on the agenda. I. JOINT PUBLIC HEARING WITH VINTON PLANNING COMMISSION a. Consideration of 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; 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 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 approximately one hundred and fifty (150) foot long undeveloped right-of-way, known as Daleview Drive, to the 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. a. Open Public Hearing • Report from Staff – Anita McMillan • Receive public comments • Council discussion and questions b. Close Public Hearing c. Planning Commission to make a recommendation d. Council to consider adoption of an Ordinance J. ADJOURNMENT OF VINTON PLANNING COMMISSION K. PUBLIC HEARINGS 1. Consideration of public comments regarding the request from Audley Robinson, 222 Highland Road, to purchase the vacated and undeveloped portion, 25 feet wide by 138.52 feet long (3,463 square feet) of Glencoe Street right-of-way. a. Open Public Hearing • Report from Staff – Karla Turman • Receive public comments • Council discussion and questions b. Close Public Hearing c. Council to consider adoption of an Ordinance 2. Consideration of public comments regarding a proposed ordinance to grant a fifteen (15) year Telecommunications Franchise to Lumos Networks, Inc. commencing on October 18, 2016. a. Open Public Hearing • Report from Staff – Town Manager • Receive public comments • Council discussion and questions b. Close Public Hearing c. Council to consider adoption of an Ordinance L. TOWN ATTORNEY M. BRIEFING 1. Briefing on the proposed Performance Agreement with Waukeshaw Development Inc., and the Roanoke County Economic Development Authority as part of an Economic Development Incentive Package to redevelopment of the former William Byrd High School. N. ITEMS REQUIRING ACTION 1. Consider adoption of a Resolution to approve an application for an allocation of funds up to $200,000 to be matched through the Virginia Department of Transportation Fiscal Year 2017-2018 Revenue Sharing Program – Joey Hiner 2. Consider adoption of a Resolution appropriating funds in the amount of $3,265.09 for the receipt of an insurance claim made on a Dodge Charger (Unit 1137) of the Police Department – Chief Tom Foster 3 3. Consider adoption of a Resolution appropriating funds in the amount of $44,582.00 for the purchase of a replacement vehicle in the Police Department – Chief Tom Foster O. TOWN MANAGER P. MAYOR Q. COUNCIL R. ADJOURNMENT NEXT TOWN COUNCIL/COMMITTEE MEETINGS: October 24, 2016 – 8:00 a.m. – Council Strategic Planning Retreat – Vinton War Memorial October 25, 2016 – 7:30 a.m. – Public Works Committee Meeting – Public Works Conference Room – 804 3rd Street November 1, 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 October 18, 2016 Department Town Clerk Issue 1. Consider approval of minutes of regular Council meeting of September 20, 2016. 2. Consider approval of minutes of regular Council meeting of October 4, 2016. Summary None Attachments September 20, 2016 minutes October 4, 2016 minutes Recommendations Motion to approve minutes Town Council Agenda Summary 1 MINUTES OF A REGULAR MEETING OF VINTON TOWN COUNCIL HELD AT 6:30 P.M. ON TUESDAY, SEPTEMBER 20, 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 STAFF PRESENT: Barry W. Thompson, Town Manager Susan N. Johnson, Executive Assistant/Town Clerk Theresa Fontana, Town Attorney Richard W. Peters, Assistant Town Manager/Director of Economic Development Anne Cantrell, Interim Finance Director Anita McMillan, Planning & Zoning Director Joey Hiner, Public Works Director Tom Foster, Police Chief Donna Collins, Human Resources Director The Mayor called the Work Session to order to hear a briefing on aspects of public transit service Valley Metro. Carl Palmer, G presentati and cost indicators over the past four years, some cost containment initiatives and some conceptual service modifications. that it had been suggested that this Work Session be followed up with an providing. Mr. Palmer next shared his PowerPoint presentation in connection with the Service to the Town. is on file in the Town Clerk’s made a part of the permanent record.) 2 staff member who is dedicated full-time to monitor the service. They are taking an average new applicants each month with a lot of the referrals being Homes. As they are entering these facilities, they are automati service, but many of them do not use it also eligibility on a temporary basis and have them re- evaluated. The monthly pass program for the STAR Route is person and a way to come up with a statistically fair limit on rides, per month, per person. Council responded yes because the address monthly passes. If they are silent on any considerable amount of fall-out. Council Member Scheid then asked eliminated for the STAR Route and kept Fixed Route. Mr. Palmer responded does not have to be in parity with the other. Council Member Scheid next asked if the purpose pass. regulations it would not be legal because of its of accessibility to any need. inclement weather or heavy snow, t on dialysis may have proved to be life-threatening. They sought a Administration on the issue. The that as long time, it was allowed, but it form of discrimination. individuals with Council Membe understood that currently a disabled rider is able to pay half of the fare on the Fixed Route and Mr. Palmer responded that was correct 3 proposal would be to take the fare to zero to try and STAR Route to the Fixed Route. The Mayor called the regular meeting to order at 7:00 p.m. The Council Member Liles, Council Member Scheid, Vice Mayor Mayor Grose present. After a Moment of Silence, Council Member Scheid l Allegiance to the U.S. Flag. Roll call Under upcoming community events, Council Member McCarty announced the October 8th along with the the Fall Waterways Clean-up on October 1st and the October 23rd in the area of the Twin Creeks Brewery and the Farmers’ Market. the order of agenda items, the Town Manager commented that there was a revision to the Cover Sheet for agenda and a revision to the Resolution for Item 1 have been provided to Council. Council Member Liles made a motion to approve the Consent Agenda; the mo seconded by Council Member McCarty and voting: Vote 5-0; Yeas (5) – Liles, McCarty, Scheid, Hare, Grose; Nays (0) – None. Approved minutes of the Regular meeting of September 6, 2016 Chief Foster announced that Danny Cox had promotion to Corporal in August. Donna Collins, Human Resources Director, announced are two new employees Department. The next item on the agenda was a report on the Vinton Volunteer First Aid Crew for August Chief Guffey reported were 533 out of a possible 468 for 114 truck was marked up 86% for ALS and 14 4 handled 84. The fractile response time was 10.17 and they had 1,519 man hours for the month. He roll. They have just added four new members and have seven prospects in the application process. Vice Mayor Hare asked if a report or chart could be created to show each month and the trends for the entire year could provide such a report. The next item on the agenda was the consideration of public comments regarding the joint petition of County of Roanoke and Waukeshaw William Byrd High School properties, from R-2 Residentia Virginia, Tax Map Numbers 060.11-04-17 060.11-04-20.00. The Mayor opened the Public Hearing at 7:21 p.m. Anita McMillan first commented that the two parcels Road. In 2014, similar to the one they did for the former Roland E. rezoned to Mixed Use Development District and the redevelopment is underway on that property. The proposal is to convert the main building and the annex building into at least 77 apartment Development, they are requesting for the off-street parking spaces to be 1.5 per unit. The property is currently zoned R-2, which does not allow for multi- family under the definition of three or more units The proposed use of the maintenance building has not been determined, but Mixed Use will allow flexibility. Also, the auditorium of t building could also be used for civic or recreational use. T are zoned R-2 and R-3 and the properties across from the main building are zoned either R-1, Residential, or M-1, Industrial. th Public Hearing opened 5 followed by an open house at the War Memorial. Council was briefed at their August 16th meeting. With regard to the future land use, the lower lot was designated when the Vinto was done as recreation due to the fact that a majority of the property was are located outside the 100 years floodplain. The conceptual plan as submitted with the rezoning request shows 127 off-street parking spaces for the additional off-street parking space These can be addressed during the site plan review process. included with the staff report. Tho basically relate to safety esp consider decreasing the speed limit from 35 mph to 25 mph along Gus Nicks Boulevard road back up. The Planning Commission had their Public Hearing parcels. Department of Historic Resources an application for the bui They tentatively have been round. financially feasible. Wayne Guffey asked what the plans were 6 into apartment units is the auditorium. William Booth asked if the name of the complex h chosen and Mr. McCormack responded not yet. Alan and Katye Hale that were a part report. Ms. Hale, who was present, commented that they were everyone’s minds. They would like to see the road the north side of the school. The visibility is better at the lower entrance. Jason Peters expressed appreciation to Council for their openness to renovating this school, the Roland E. Cook school, the Macado’s restaurant in the former library branch, the support of the new library great things. work. Council Member Scheid the number of units building there are so many challenges and they are standpoint while at the same time complying with done, they wanted to see if it was workable to run a pro-forma to and time to move forward to the next step. If approved, th and then find out that in the project. That is why there is a range. If they find theoretically they can building, but do not have enough parking, then they will scale it back. They Richmond. Vice Mayor Hare commented that the safety issues 7 partnership. After further discussion, the Public Hearing at 7:45 p.m. Vice Mayor Hare Ordinance as presented; the motion was seconded by Council Member Scheid and following vote, with all members voting: Vote 5-0; Yeas (5) – Liles Nays (0) - None. Public Hearing closed Adopted Ordinance No. 978 rezoning properties, from R- MUD Mixed Use Development District, supporting recreational and civic uses. The properties are located at 100 and Tax Map Numbers 060.11-04-17.00 and 060.11-04-20.00 The next item on the agenda was a briefing on Highland Road, to purchase the vac long (3,463 square feet) of Glencoe Street right- of-way. Anita McMillan commented that the 50 feet wide by 138.52 feet long undeveloped right-of-way was vacated and half went to Mr. Robinson and the other half went back to the Town to be Steve Robinson Robinson, selling the 25 feet wide by 138.52 feet long portion to his driveway. Ms. McMillan indicated she had consulted with the It advised that he will be responsible for the costs of the surveying, the plat, all of the recording costs and the legal advertisement. proper been like that since back in the 1980’s. 8 Park is maintained by the Town. Ms. McMillan responded that Roanoke County maintains the building and the property. Council Member Scheid next commented that the property was very steep and she thought it would be difficult for retaining wall or some severe cuts there had been any Ms. McMil Roanoke County. The Town Attorney commented that Mr. Robinson will be using this property to meet the required setback and he is wants to make sure that the addition will meet the setback and will only be doing the driveway on the new portion. After discussion regarding whether Mr. Robinson should be required to pay a purchase price for the would prefer for there to be a the property along with the paid for the property. 18, 2016 meeting. The next item on the agenda was a briefing on the proposed application for allocat SCALE funds for the Walnut Avenue Improvements Project. Public Works Committee. Mr. Hiner next commented that the Town desires to SCALE program for Walnut Avenue improvements to include sidewalks, bike lanes or shared-use the Farmer’s Market Stage to the new bridge to the 9 was for the area to the west of the bridge and extending to Roanoke City. Council Member Scheid asked why the 8th Street intersection would not work for this application. Mr. Hiner commented that in changed, the Town chose to do the bridge. At that time VDOT did a lot of the professional engineering work. Now, they require the Town to do more of the concept. The Town Manager commented assessment needs to be done of the intersection 2018 after they have a better understanding of what we need to do with that intersection. sides of Walnut Avenue. Mr. Hiner responded that it will be both sides where needed with more concentration on the north side. On the south side particularly from 4th regard to the area between 2nd and 3rd where there are a lot of commerc not be conducive to the businesses currently there through there would work there can be something more continuous and we can decide where we can put in drive-way aprons to control the access. Avenue. Mr. Hiner commented that View project would probably come under the RSTP funds as opposed to the SMART SCALE since SMART SCALE does not cover road rebuilding. Vice Mayor Hare commented consider rebuilding Mountain View, we need to take into considerati have the roads are not jumping in front of those priorities. 10 Mr. Hiner commented that they will be giving an estimate going to VDOT is going to administer, then they will add their cost to the estimate. The Mayor commented that he would like to see the new lighting included to make that area more attractive for businesses. The next item on the agenda was to consider adoption of a Resolution SMART Improvements Project. Council was furnished with of the project to be submitted. Vice Mayor Hare made a motion to adopt the Amended Resolution as presented; the motion was 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) – None. Adopted Amended 2168 authorizing the Town Manager to file an (VDOT) SMART SCALE funds for the Walnut Avenue Improvements Project The next item on the agenda was to consider adoption of a Resolution amount of $3,265.09 for the receipt of an insurance claim made on a Dodge Charger (Unit 1137) of the Police Department. Chief Tom Foster commented that Resolution be tabled to a future meeting. Vice Mayor Hare made a motion to table the Resolution as presented; seconded by Council Member McCarty and voting: Vote 5-0; Yeas (5) – Scheid, Hare, Grose; Nays (0) – None. Resolution tabled to a future meeting The Town Manager commented that a letter was sent to Debra Brogan who addressed Council Drive. The construction debris has been removed, the street has been swept, and the sign has been ordered and will be placed as soon as received. With regard to the paving, the street will be added to the list for consideration as part of next year’s paving schedule. He also commented on the trash 11 benches and planters will be placed this week. Reports for July 2016. commented that the Finance Committee met on September 12th General Fund revenues. It is hard to know with one month what the trends are with under in spending. $11,000 in July. The purpose is to show the true costs versus using estimates. At this point they General Fund into th these expenses, then the $300,000 will go back to the General Fund. should have a better handle on what are actually stormwater expenses. Committee meeting. With regard to the War Memorial, he reported that at the end of the fiscal year, the subsidy increased year of transition and that, the subsidy probably would have been $115- 125,000. Council needs to decide at some point requested that Council decide what they with and then staff can adjust to that cost. proposal from another company for a lease of the cell tower on 3rd 12 There is a reimbursements of recommended that they give them a payment. Vice Mayor Hare made a motion to approve the Financial Report for July Vote 5-0; Yeas (5) – Liles, McCarty, Scheid, Hare, Grose; Nays (0) – None. Approved financial report for July 2016 The Mayor commented on the success of the commented that the company that did the training stated it was the most organized training they had to the To Lieutenant the Police Department after 34 years. Comments from Council: Council Member Liles Stewardship Award given by the Blue Ridge Land Conservancy. Council Member McCarty expressed appreciation to Council Member Scheid for serving on the Finance Committee. Council Member Scheid presentation on Valley Metro further discussion. Vice Mayor Hare made further commented on the by Roanoke Gas and requested the Town Manager to contact them. Council Member Scheid made a motion to adjourn the meeting; the motion was seconded by Vice Mayor Hare vote, with all members voting: Vote 5-0; Yeas (5) – Liles, McCarty, Scheid, Hare, Grose; Nays (0) – 13 APPROVED: ________________________________ Bradley E. Grose, Mayor ATTEST: __________________________ Susan N. Johnson, Town Clerk 1 MINUTES OF A REGULAR MEETING OF VINTON TOWN COUNCIL HELD AT 7:00 P.M. ON TUESDAY, OCTOBER 4, 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 STAFF PRESENT: Barry W. Thompson, Town Manager Susan N. Johnson, Executive Assistant/Town Clerk Susan Waddell, Town Attorney Anne Cantrell, Interim Finance Director Anita McMillan, Planning & Zoning Director Joey Hiner, Public Works Director Tom Foster, Police Chief Chad Helms, Fire/EMS Captain The Mayor called the regular meeting to order 7:00 p.m. The Council Member Liles, Council Member Scheid, Vice Mayor Hare and Mayor Grose 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 McCarty Prayer Walk on October 15th Baptist Church at 10:30 a.m. and on October 22nd at the Farmer’s Market. Council Member Scheid announced the Greenway annual picnic on October 23rd Creeks Brewing Company. that on November 6th there will be a special event for Veterans at the Memorial. Proclamation for Fire Prevention Week read the Proclamation. Captain alarms available at the Fire Department for citizens. Captain Helms responded that they do still have the with some fire extinguishers. 2 The next item on the agenda was a briefing on the joint petition of Robert O. and Linda M. Quam, owners Sligh; owners of Lot 7, Block 9, of Plat Book 6, Page prepared by C. B. Malcolm & Son a 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- 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. Anita McMillan first commented that a summary of the history of this request was provided in the Staff Report as part of the agenda package. In January of 2013 Mr. and Mrs. Overbay, the property owners in the City of Roanoke submitted a subdivision pl Drive, which is an undeveloped right-of-way located in was advised requirements of the subdivision since there was no access from the City. The only access was from Daleview Drive or from Olney Road north of the parcel. were expressed by staff that Daleview Drive had never been developed and there were two existing driveways located on that portion of the undeveloped right-of-way. In addition, the parcel itself was located in the City of Roanoke what would happen to the existing driveways and if the road would be constructed to certain standards. The Overbays Daleview Drive along with signed statements from the agreement to giving them a right-of-way in the middle of Daleview Drive. The Slighs and Quams attended informed of the intentions of the Overbays to develop the property. The Overbays’ asked for their request to 3 Several discussions took place between the Town Attorney and the Overbay Drive. request to have the prop to the terms of the license agreement, the attorney for the Slighs and Quams asked for it to be tabled. In June, the Overbays went ahead and subdivided the shows that the two lots are to be accessed from Olney Road, not from Daleview Drive. Not only will Lots 1 and 2 be accessed from Olney Road, Lot 2 will have an access easement coming from Lot 1. There is also Road. Vinton Messenger last week and Hearing of the Planning Commission October 18th. The adjoining property owners have been notified. One came to the office and one called and neither had a problem with the request. Michael contacted our office and indicated he the undeveloped right-of-way to be vacated and will be attending the Public Hearing. called and indicated that Mr. Henderson had asked for the City to oppose the request, but the City does not have any comment because the right-of-way is in the Town. because Daleview Drive is the two lots opposed to going down Olney Road. asked if the Daleview Drive were opened, would it not be a responsibility of the Town to maintain it. Ms. McMillan responded that was correct. Council Member Scheid next driveways were built on the Town property. Mr. Quam responded that he purchased the lot in 1972 and built the house and put the driveway in. Mr. him to put it wherever he wanted to in t 4 knew at that time he was putting the driveway on Town property. Mr. Quam responded yes. Council Member Scheid next commented the Quams and Slighs have had their driveways on Town property for 44 years. Mr. Sligh commented that they bought the Council Member Scheid then commented that in 1972 when Mr. Quam built his driveway and Mr. Cundiff said it was okay, it was not Mr. Cundiff’s property a build it there. Vice Mayor Hare commented that if Daleview Drive is vacated then it is closed forever. Daleview Drive and kept it mowed twice a week ever since 1972. Ms. McMillan commented that under the State Code once it is vacated 25 feet by 150 feet will given to Mr. Sligh. They are responsible for paying all of the costs related to subdivision plat. Ms. McMillan commented that there will be a joint Public Hearing on October 18th. The next item on the agenda was a briefing on proposed telecommunications franchise to Lumos Networks, Inc. The Town Manager commented that In October 1990, granted a telecommunications franchise in the Town of Vinton, which has expired. They the franchise be renewed for a fifteen (15) years from the effective date of the agreement. The franchise is not an exclusive franchise and will give them the right to use the streets of the Town to operate and maintain a fiber optic telecommunications system. items in the proposed agreement. The Agreement is very similar to the one that has expired. A map of the servi Manager commented that it is a very small area in the midway section of Town. The Town Manager next commented that the Town Lumos. The Public Right-of-Way Use Fees are set by 5 Fees go directly to the Town. This has a dollar value of about $260.00 on an annual basis. The next item on the agenda was a briefing on a proposed Resolution to approve an application for an Fiscal Year 2017-2018 Revenue Sharing Program. Joey Hiner commented that funds under this Program have to be an eligible project as defined by the State to be construction, re- maintenance and eligible street additions for which the Revenue Sharing Program funds are availa must be on roadways that are currently maintained by VDOT or on roadways that are currently maintained by maintenance payments from VDOT or roads meeting new road or rural addition qualification. At the next Council meeting, Council will be asked to consider taking action on a Resolution to approve applying for would have to match. The Town Manager commented this would be in next fiscal year’s budget and could be used for a project such as the re-building of an existing road such as Mountain View. that project would fall under re- The funds could also be used activities as well. The Town Manager further commented that we need to have a Resolution to VDOT by November 1st and move forward with the application. approximately five- View. Mr. Hiner further commented that it appears it can be used for resurfacing now as well. application involve, just a list of potential projects. Mr. Hiner responded that was correct. As far as how the applications are evaluated, he felt that the ones that re VDOT standards. Vice Mayor Hare commented on a 6 the Revenue Sharing Program as well as other funding sources. He suggested that we get a copy of his presentation. added to Mountain View. Mr. Hiner responded that it would be difficult because of being right-of-way constrained through that corridor which would require the acquisition of additional right-of-way and covered under Revenue Sharing. The Town Manager asked Joey Hiner to give an update on the application for the SM Walnut Avenue project. Joey Hiner commented that they did submit the Farmer’s Market to 5th bi crosswalks and driveway entrances. There was some assistance with the application from VDOT and Bryan Hill with the Roanoke Valley- Alleghany Regional Commission. The project came VDOT awarded, VDOT would be looking at the project to be advertised and bid in the 2023-2024 time frame with completion in 2026 so they also included an inflation factor in their estimation. The submitted electronically and the take several months. The Town Manager next commented on notices that have HOMEiDUSA. Staff has had communication with the Company today and expressed concerns notice is misleading the Town is our Town Attor company. They determined it is considered damaging property to paint the reflective numbers on the curb and have a perform business in their locality. Attorney also commented that the notice does make enforcement and the law in the State restricts how curbs are to painted and only for 7 to contact the company. The Town Clerk commented for the record on the Lumos franchise meeting on October 18th. The Mayor commented on two ribbon cuttings that he attended for New Moon Production Company and Earth Works at the recent Public Works Committee meeting that the Committee should be making a report to Council budget impact. He commented on the presentation of the Proclamation to the Roanoke County Board of Supervisors. He also commented on the passing of Fred Anderson, former Treasurer of Roanoke County for 28 years and that he had asked staff to prepare a Proclamation in his honor to present to his family. The next item on the agenda was appointments to Boards/Commissions/Committees. asked if there were any other nominations. Vice Mayor Hare made a motion to re- beginning November 1, 2016 and ending on October 31, 2020; the motion was seconded by Council Member McCarty with all members voting: Vote 5-0; Yeas (5) – Liles, McCarty, Scheid, Hare, Grose; Nays (0) – None. Re- beginning November 1, 2016 and ending on October 31, 2020 Comments from Council: Council Member Scheid commented that she will be participating in a Cure” which is a fundraiser for Susan G. Komen. Council Member Scheid made a motion to adjourn the Vice Mayor Hare with all members voting: Vote 5-0; Yeas (5) – Liles, McCarty, Scheid, Hare, Grose; Nays (0) – The meeting was adjourned at 8:18 p.m. Meeting adjourned The item to be considered under the Work Session was a follow-up discussion on the presentation at the September 20, 2016 Council meeting by Carl Palmer, General Manager for GRTC d/b/a Valley Metro. 8 control and it continues to grow at a rate much higher than inflation and even the FIXED Route density to generate efficient operating level; the STAR more inefficient and what part of the system do they have some control over. Council next came up with a list of questions to send to Carl Palmer as follows: Is there is a written contract with the Town and if so, provide a copy. In terms of the FIXED Route, (1) p hour for one month (1) can we do away with the monthly pass we limit the number of trips; (3) c CORTRAN instead; (4) c high-use destinations be on the FIXED Route and (5) w efficient? Vice Mayor Committee agenda on October 12th to review the list of questions. Comments were also made to possibly consider contacting the Roanoke Valley-Alleghany Regional Commission as a resource in come up with a solution. The Work Session was adjourned at 9:31 p.m. APPROVED: _______________________________ Bradley E. Grose, Mayor ATTEST: __________________________ Susan N. Johnson, Town Clerk 1 Meeting Date October 18, 2016 Department Administration Issue Preview of the upcoming General Assembly Session Summary Delegate Chris Head will attend the meeting to give this preview. Attachments None Recommendations No action required Town Council Agenda Summary Meeting Date October 18, 2016 Department Police Issue Officers of the Month for September Summary Sergeant Fabricio Drumond, Corporal Michael Giles, Officer Matthew Stafford, Sergeant Tim Lawless, Corporal Michael Caldwell and Officer Silas Chapman were selected as Officers of the month for September and will be recognized at the meeting Attachments None Recommendations Recognize Officers of the Month Town Council Agenda Summary Meeting Date October 18, 2016 Department Vinton Volunteer First Aid Crew Issue Report on the Vinton Volunteer First Aid Crew for September Summary Chief Wayne Guffey will be present to give this report to Council. Attachments September 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 September 2016 Report  Volunteer Truck hours was 482 of 456 possible hours for 105 %  We had a unit in service 100% of the volunteer time  Medic truck marked up 87% and a BLS Unit 13%  Responded to 93 out of 126 calls doing volunteer hours 74%  Handled 89 out of 126 calls doing volunteer hours 71% o Out of the 33 calls career handled 26 were 2nd emergency calls  Fractile Response time was 10.06  1600 man hours for the month of September  I also want to think the town for their continued support both finically and by the many encouraging words that I have received over the last few months. It has made this new adventure for me less stressful.  We continue to see strides in our membership drive and we have many applications in the process, we just took in 4 new members and the good news is a lot of the applications are young, which is vital in keeping the grew going for more years to come. Wayne Guffey Chief Vinton First Aid Crew JAN FEB MAR APR MAY JUNE JULY AUG SEP Volunteer unit in service 99 100 100 97 98 100 100 100 100 JAN FEB MAR APR MAY JUNE JULY AUG SEP Volunteer unit in service 99 100 100 97 98 100 100 100 100 99 100 100 97 98 100 100 100 100 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 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 4631 4248 109.02% 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% 26519.5 26796 98.97% 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 1120 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 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 JAN FEB MAR APR MAY JUNE JULY AUG SEP Calls Dispatched 137 108 126 134 141 120 119 109 126 Calls Responded 104 90 100 100 101 95 95 90 93 JAN FEB MAR APR MAY JUNE JULY AUG SEP Calls Responded 104 90 100 100 101 95 95 90 93 Calls Dispatched 137 108 126 134 141 120 119 109 126 137 108 126 134 141 120 119 109 126 104 90 100 100 101 95 95 90 93 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 Calls Dispatched 137 108 126 134 141 120 119 109 126 Calls Handled 98 89 95 93 97 90 87 84 89 137 108 126 134 141 120 119 109 126 98 89 95 93 97 90 87 84 89 0 50 100 150 200 250 JAN FEB MAR APR MAY JUNE JULY AUG Sep Calls Handled Calls Dispatched Calls that were disptached that the volunteer crew handled JAN FEB MAR APR MAY JUNE JULY AUG SEP Fractile Response 9.59 9.27 9.83 9.78 7.98 9.24 9.22 10.17 10.06 9.59 9.27 9.83 9.78 7.98 9.24 9.22 10.17 10.06 0 2 4 6 8 10 12 JAN FEB MAR APR MAY JUNE JULY AUG SEP Fractile Response Goal is under 12 minutes Volunteer JAN FEB MAR APR MAY JUNE JULY AUG SEP OCT NOV DEC TOTAL 2016 1765 1447 1536 1813 1745 1486 1654 1519 1600 14565 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 97098 Average 1807 1622.2 1821.4 1871.4 1669 1614.4 1758 1665 1573.8 1716 1690.75 1615 19419.6 1 Meeting Date October 18, 2016 Department Planning and Zoning Issue Consideration of public comments on 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. 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. Summary On April 29, 2013, a plat of the right-of-way vacation, a concept plat showing the right-of-way portion to be conveyed to the Overbays, and the unsigned statements by the property owners, requesting the undeveloped right-of-way to be vacated and agreeing to convey a strip contained within the right-of-way to the Overbays, were faxed to Staff. According to Mr. McMurry, the Quams and Slighs would be present at the Planning Commission meeting and would sign the paperwork on May 2, 2013. At the May 2, 2013, Planning Commission public hearing, Mr. McMurry, the Overbays’ representative asked for the vacation request to be tabled due to some concerns being raised by Sherman Sligh. On May 8, 2013, Staff received a telephone call from the Overbays’ attorney, John Patterson, who informed Staff that the Overbays wished to withdraw their request for the undeveloped right-of-way to be vacated. On May 10, 2013, the letter to withdraw the request was received from Mr. Patterson. On September 11, 2013, Staff received another letter from the Quams and Slighs requesting that the undeveloped Daleview Drive right-of-way be vacated and deeded to them, along with signed petition of the property owners along Olney Road, indicating that they were in agreement with the vacation request. On October 10, 2013, Staff received a copy of the survey plat and legal description of the undeveloped right-of-way to be vacated from LMW P.C., the surveying firm retained by the Quams and Slighs. Town Council Agenda Summary 2 At the December 10, 2013, public hearing of the Planning Commission, the Planning Commission voted to table the request for 60 days in order for the three parties (Overbays, Slighs, and Quams) to reach an agreement regarding on the use of the undeveloped right-of-way and/or whether or not to vacate the undeveloped Daleview Drive. On December 13, 2013, hand delivered correspondence was received by the Town Manager’s office from C. Richard Cranwell, who was retained by the Quams and Slighs, requesting a continuance of the Town Council public hearing scheduled for December 17, 2013. In the interim, the Overbays submitted a revised subdivision plan showing access to the two proposed lots from Olney Road. On March 10, 2016, the Overbays’ subdivision plat was approved by the City of Roanoke and the Town of Vinton. As shown in the approved subdivision plat, the parcel was subdivided into two lots – 10 acres Lot A and 15.17 acres Lot B. The Overbays’ property (DB 1122, Page 228) indicates that there is an existing 50 right-of-way from the Town of Vinton’s Olney Road. The two new lots are shown to be accessed from Olney Road, a town right-of-way, located to the north east of these lots. A new 20 feet wide access and water line easement is provided on the subdivision plat through Lot A for Lot B. These two lots are to be served by the Town’s water service only; other services (snow removal, trash pick-up, schools, etc.) will be provided by the City of Roanoke. In May 2016, the lots were purchased by Michael Henderson. On June 24, 2016, a third petition to vacate the undeveloped Daleview Drive was submitted by the Quams and Slighs. Additionally, David Bullington, with The Bullington Law Firm, P.C., has been retained by C. Richard Cranwell to represent the Quams and Slighs. Town Council was briefed by Staff on the request at the Town Council regularly scheduled meeting held on October 4, 2016. The undeveloped right-of-way, known as Daleview Drive, is located between 647 and 701 Olney Road. Currently, there are two driveways located on this undeveloped right-of-way, which serve 647 and 701 Olney Road, respectively. Attachments 1. Staff Report – 3 Pages 2. Supporting Materials – 22 Pages 3. Ordinance – 2 Pages Alternatives 1. Approve the request to abandon, vacate, and deed the undeveloped right-of-way, known as Daleview Drive, to the adjoining property owners. 2. Deny the request to abandon, vacate, and deed the undeveloped right-of-way, known as Daleview Drive, to the adjoining property owners. Staff recommends alternative 1 and adopting the attached ordinance. Recommendation Conduct Public Hearing; receive Planning Commission recommendation; motion to adopt Ordinance 1 STAFF REPORT PETITIONERS: Robert and Linda Quam, 647 Olney Road Sherman and Barbara Sligh, 701 Olney Road PREPARED BY: Anita McMillan, Planning and Zoning Director DATE: September 19, 2016 A. NATURE OF REQUEST A joint petition of Robert and Linda Quam, and Sherman and Barbara Sligh, requesting that a fifty (50) foot wide by approximately one hundred and fifty (150) foot long undeveloped right-of-way, known as Daleview Drive, Map of Section No. 4, Bali Hai, Plat Book 6, Page 30, be abandoned, vacated, and deeded to them, as the adjoining property owners was received on June 24, 2016. 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. B. BACKGROUND/SUMMARY The undeveloped right-of-way, known as Daleview Drive, is located between 647 and 701 Olney Road. Currently, there are two driveways located on this undeveloped right-of-way, which serve 647 and 701 Olney Road, respectively. Please see attached aerial map showing the two existing driveways located in the undeveloped right-of-way, Daleview Drive. Staff was contacted by Mrs. Anne Huffman Overbay in September 2012, requesting a meeting with Town personnel. On October 2, 2012, a meeting was held between Ardith and Anne Overbay, and Town staff including the former Town Manager, Town Attorney, Planning and Zoning Director, former Public Works Director and Assistant Director. The meeting was held to discuss the Overbays’ intention to subdivide their vacant parcel, consisting of 25.17 acres, which is located in the City of Roanoke. The parcel was without any improved street access from the City of Roanoke or the Town of Vinton, but could potentially be accessed from either the undeveloped right-of-way of Daleview Drive located between 647 and 701 Olney Road, and/or from Olney Road, in the area located to the north of 615 Olney Road, and to the south of 609 and 613 Olney Road. On January 11, 2013, a preliminary subdivision plat was submitted by the Overbays with a revised plat being submitted on February 27, 2013, showing two lots with access from the undeveloped right- of-way known as Daleview Drive. On March 27, 2013, a meeting was held between Ardith Overbay and his surveyor, Chris McMurry, and Town personnel. According to Mr. Overbay, he had been in contact with the property owners of 647 and 701 Olney Road regarding his proposed use of the undeveloped right-of-way for access of his two lots. At the conclusion of the meeting, Mr. Overbay agreed to discuss with both property owners that they request that the Town close, vacate, and deed the undeveloped right-of-way to them, and subsequently convey a 20’ by 150’ strip contained within the vacated right-of-way to the Overbays, to serve as an access point for the two lots. 2 On March 29, 2013, preliminary drawings were submitted showing the proposed vacation of the right-of-way and the strip to be deeded to the Overbays. On April 10, 2013, Mr. McMurry submitted to Staff, signed statements from the Slighs and the Quams, stating that they agreed to the undeveloped right-of-way being vacated and would convey the said strip to the Overbays. The signed statements were not notarized, and there were some mistakes noted in the statements that needed to be corrected. On April 29, 2013, a plat of the right-of-way vacation, a concept plat showing the right-of-way portion to be conveyed to the Overbays, and the unsigned statements by the property owners, requesting the undeveloped right-of-way to be vacated and agreeing to convey a strip contained within the right-of-way to the Overbays, were faxed to Staff. According to Mr. McMurry, the Quams and Slighs would be present at the Planning Commission meeting and would sign the paperwork on May 2, 2013. On April 15, 2013, Staff sent correspondence to utility companies including Vinton Public Works Department, Roanoke Gas, American Electric Power (AEP), Verizon, and Cox Communications regarding the vacation request of the said undeveloped right-of-way. All of the utility companies responded and stated that they did not have any objections to the vacation request. Twelve (12) adjoining property owners, including the owners of 647 and 701 Olney Road, Mr. and Mrs. A.R. Overbay, and Chris McMurry, were also notified of the vacation request through correspondence dated April 15, 2013. At the May 2, 2013, Planning Commission public hearing, Mr. McMurry, the Overbays’ representative asked for the vacation request to be tabled due to some concerns being raised by Sherman Sligh. On May 8, 2013, Staff received a telephone call from the Overbays’ attorney, John Patterson, who informed Staff that the Overbays wished to withdraw their request for the undeveloped right-of-way to be vacated. On May 10, 2013, the letter to withdraw the request was received from Mr. Patterson. In July of 2013, the Town Attorney and the Overbays’ attorney discussed the possibility of having a license agreement between the Town and the Overbays for the use of Daleview Drive. The license agreement was necessary because the Town did not wish to make improvements to the right-of-way and wanted to limit any potential liability it might have concerning the use of the right-of-way. However, on August 19, 2013, the Town received a letter from the Quams and the Slighs requesting that the Town reconsider vacating the right-of-way. The license agreement was placed on hold because the Overbays did not agree to the terms. On September 11, 2013, Staff received another letter from the Quams and Slighs requesting that the undeveloped Daleview Drive right-of-way be vacated and deeded to them, along with signed petition of the property owners along Olney Road, indicating that they were in agreement with the vacation request. On October 10, 2013, Staff received a copy of the survey plat and legal description of the undeveloped right-of-way to be vacated from LMW P.C., the surveying firm retained by the Quams and Slighs. Twelve (12) adjoining property owners, including Mr. and Mrs. A.R. Overbay, and the Overbays’ attorney, John Patterson, were notified of the vacation request through correspondence dated November 3 18, 2013. As required by State Code Sections 15.2-2204 and 15.2-2272, the legal notice of both of the public hearings on the right-of-way vacation request was advertised in The Vinton Messenger. At the December 10, 2013, public hearing of the Planning Commission, the Planning Commission voted to table the request for 60 days in order for the three parties (Overbays, Slighs, and Quams) to reach an agreement regarding on the use of the undeveloped right-of-way and/or whether or not to vacate the undeveloped Daleview Drive. On December 13, 2013, hand delivered correspondence was received by the Town Manager’s office from C. Richard Cranwell, who was retained by the Quams and Slighs, requesting a continuance of the Town Council public hearing scheduled for December 17, 2013. In the interim, the Overbays submitted a revised subdivision plan showing access to the two proposed lots from Olney Road. On March 10, 2016, the Overbays’ subdivision plat was approved by the City of Roanoke and the Town of Vinton. As shown in the approved subdivision plat, the parcel was subdivided into two lots – 10 acres Lot A and 15.17 acres Lot B. The Overbays’ property (DB 1122, Page 228) indicates that there is an existing 50 right-of-way from the Town of Vinton’s Olney Road. The two new lots are shown to be accessed from Olney Road, a town right-of-way, located to the north east of these lots. A new 20 feet wide access and water line easement is provided on the subdivision plat through Lot A for Lot B. These two lots are to be served by the Town’s water service only; other services (snow removal, trash pick-up, schools, etc.) will be provided by the City of Roanoke. In May 2016, the lots were purchased by Michael Henderson. On June 24, 2016, a third petition to vacate the undeveloped Daleview Drive was submitted by the Quams and Slighs. Additionally, David Bullington, with The Bullington Law Firm, P.C., has been retained by C. Richard Cranwell to represent the Quams and Slighs. ATTACHMENTS 1. June 24, 2016, a written request received from the Quams and Slighs to close, vacate, and deed the undeveloped Daleview Drive to them, as the adjoining property owners – 1 Page. 2. A copy of the survey plat showing the Quams’ and Slighs’ property – 1 Page. 3. An aerial map showing 647 and 701 Olney Road driveways located within the undeveloped right-of-way of Daleview Drive – 1 Page. 4. December 17, 2013, minutes of the Town Council regular meeting – 2 Pages. 5. Correspondence dated December 13, 2013, from C. Richard Cranwell – 1 Page. 6. December 10, 2013, minutes of the Planning Commission public hearing – 6 Pages. 7. September 11, 2013, a written request and petition received from the Quams and Slighs to close, vacate, and deed the undeveloped Daleview Drive to them, as the adjoining property owners – 3 Pages. 8. August 20, 2013, minutes of the Town Council regular meeting – 6 Pages. 9. Copy of a portion of the recorded Overbays’ subdivision plat showing access by Olney Road – 1 Page. 1 ORDINANCE NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, OCTOBER 18, 2016, AT 7:00 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 to 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 mailed 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 regularly scheduled meeting, members of the Town Council was briefed by Staff on the request; and WHEREAS, a joint public hearing was held on such 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, 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. 2 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, 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. 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 October 18, 2016 Department Planning and Zoning Issue Consideration of public comments on the petition of Audley C. Robinson, Jr. to purchase a 25 feet x 138.52 feet portion of 350 Highland Road, tax map number 060.15-01-22, which was the former Glencoe Street, vacated by ordinance on April 6, 1993, and is adjacent to Mr. Robinson’s property located at 222 Highland Road. Summary Town Council was briefed on this purchase request at their September 20, 2016, regularly scheduled meeting. The proposed purchase would accommodate an addition and a handicapped ramp being added to Mr. Robinson’s house, both of which are needed due to his declining health. In addition to requiring the petitioner to pay the survey and legal fees, the Town has the right to sell the land for the assessed value. The 2016 tax assessment value for the land located at 350 Highland Road is $110,700.00, which is approximately $0.37 per square foot. The 25 feet x 138.52 feet portion of the property in question totals 3,463 square feet. Using the per square feet value of $0.37, the land that Mr. A. Robinson would like to purchase has a value of $1,281.31. Attachments 1. The aerial map 2. Letter of Intent 3. Ordinance Alternatives 1. Approve the purchase request. 2. Deny the purchase request. Recommendations Conduct Public Hearing and motion to adopt Ordinance Town Council Agenda Summary 1 ORDINANCE NO. AT A REGULAR MEETING OF THE 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. AN ORDINANCE TO ALLOW FOR THE SALE OF PUBLIC PROPERTY WHEREAS, the Town of Vinton was contacted in 1993 by Mr. Audley C. Robinson, Jr., who petitioned that the Town vacate the undeveloped Glencoe Street, a 50 feet by 138.52 feet right-of-way adjacent to his property, located at 222 Highland Road; and WHEREAS, the Town vacated Glencoe Street by Ordinance No. 584 on April 6, 1993; and WHEREAS, one-half of the vacated right-of-way was combined with Mr. Robinson’s property located at 222 Highland Road and one-half of the vacated right-of-way was combined with the Town-owned property located at 350 Highland Road, Tax Map Number 060.15-01-22; and WHEREAS, the Town has been contacted by Mr. Robinson regarding the prospective sale of the Town’s portion of the former Glencoe Street; for the purpose of building an addition and a handicapped ramp onto his existing house due to his declining health, but cannot meet the setbacks; and WHEREAS, the portion of Tax Map Number 060.15-01-22 that Mr. Robinson requests to purchase is 25 feet by 138.52 feet, which is a total of 3,463 square feet; and WHEREAS, the 2016 tax assessment value for the land located at 350 Highland Road is $110,700.00, which is approximately $0.37 per square foot, and the portion that Mr. Robinson requests to purchase is valued at $1,280.00; and WHEREAS, Mr. Robinson has agreed to pay for the land, as well as the survey and all legal fees, including the cost of the legal advertisement; and WHEREAS, on September 28, 2016, a letter was mailed to surrounding property owners notifying them of the request and informing them of the date and time of the public hearing of Town Council; and WHEREAS, pursuant to the provisions of Section 15.2-2204 of the 1950 Code of Virginia, as amended, the legal notice for the public hearing has been advertised in The Vinton Messenger, the Town’s social media pages and website, and on RVTV- 3; and 2 WHEREAS, the Vinton Town Council held a public hearing on October 18, 2016. NOW, THEREFORE BE IT ORDAINED, that the Town Council for the Town of Vinton does hereby authorize the Mayor to execute the necessary documents to convey the ownership of 3,463 square feet of tax map number 060.15-01-22 to Mr. Audley C. Robinson, Jr., following review and approval of the documents by the Town Attorney. This Ordinance was adopted on motion 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 October 18, 2016 Department Administration Issue Consideration of public comments regarding a proposed ordinance to grant a fifteen (15) year Telecommunications Franchise to Lumos Networks, Inc. commencing on October 18, 2016. Summary In October 1990, Lumos Networks, Inc., a Virginia Corporation, fka Roanoke & Botetourt Telephone Company was granted a telecommunications franchise in the Town of Vinton. This franchise has expired and they have requested that the franchise be renewed. The Franchise renewal period will be for fifteen (15) years from the effective date of the agreement. The franchise is not an exclusive franchise and does not prevent the Town from granting to any other person, firm or corporation the same or similar franchise rights and privileges to be exercised in or upon its streets. It gives Lumos the right to use the streets of the Town to operate and maintain a fiber optic telecommunication system within and along the streets of the Town. Council was briefed on the proposed franchise agreement at their October 4, 2016 meeting. Attachments Telecommunications Franchise Agreement Ordinance Recommendations Conduct Public Hearing; motion to adopt Ordinance Town Council Agenda Summary 1 ORDINANCE NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD AT 7:00 P.M. ON TUESDAY, OCTOBER 18, 2016, IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA. AN ORDINANCE granting to Lumos Networks, Inc., the right, for the term and upon the conditions herein stated, to use the streets, alleys and public ways to erect, construct, operate, and maintain a fiber optic telecommunication system and to construct, install and maintain fiber optic cable and associated equipment, including poles, wires, cables, conduits, and appurtenances necessary to the sale and distribution of fiber optic telecommunication services in and along the streets, alleys, and other public ways in the Town of Vinton, Virginia; establishing conditions controlling the exercise of said franchise and regulating the manner of using the streets, alleys, and public ways. WHEREAS, Lumos Networks, Inc., (fka Roanoke & Botetourt Telephone Company) was granted a telecommunications franchise in the Town of Vinton on October 16, 1990, which has expired; and WHEREAS, Lumos Networks, Inc., has requested to renew or continue its franchise in the Town under the same conditions as the previous franchise; and WHEREAS, a proposed ordinance entitled "An Ordinance granting to Lumos Networks, Inc., the right, for the term and upon the conditions herein stated, to use the streets, alleys, and public ways to erect, construct, operate, and maintain a fiber optic telecommunication system and to construct, install, and maintain fiber optic cable and associated equipment, including poles, wires, cables, conduits, and appurtenances necessary to the sale and distribution of fiber optic telecommunication services in and along the streets, alleys, and other public ways in the Town of Vinton, Virginia; establishing conditions controlling the exercise of said franchise and regulating the manner of using such streets, alleys, and public ways," was ordered to be advertised by the Council of the Town of Vinton, after its terms had been considered by the Mayor and Town Council members; and WHEREAS, a descriptive notice of the proposed ordinance and an advertisement inviting bids for the franchise proposed in the ordinance were published pursuant to Virginia Code § 15.2-2101 in the Vinton Messenger, a newspaper published in the Town of Vinton and having general circulation in said Town of Vinton; and WHEREAS, at the session of said Council to receive said bids, the presiding officer caused to be read aloud the bid(s) received, including the bid of Lumos Networks, Inc., received in writing dated September 14, 2015 requesting to continue its franchise in the Town of Vinton on the same terms as the original franchise; and WHEREAS, inquiry was made by the presiding officer if any further bids were offered; and 2 WHEREAS, there were no further bids offered, and the presiding officer thereupon declared the bidding closed; and WHEREAS, the said proposed ordinance and Lumos’ bid were considered by the Council and Council was in favor of accepting said bid and adopting said ordinance and franchise agreement. THEREFORE, BE IT ORDAINED by the Council of the Town of Vinton that the bid of Lumos Networks, Inc., is hereby ACCEPTED. BE IT FURTHER ORDAINED by the Council of the Town of Vinton, Virginia that the Town Manager is hereby authorized, for and on behalf of the Town, to execute the Telecommunications Franchise Agreement, attached hereto and approved as to form by the Town Attorney, and any other necessary documents in furtherance of the same. This Ordinance shall be in full force and effect on October 18, 2016. 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 October 18, 2016 Department Administration Issue Briefing on the proposed Performance Agreement with Waukeshaw Development Inc., and the Roanoke County Economic Development Authority as part of a Economic Development Incentive Package to redevelopment of the former William Byrd High School. Summary Waukeshaw Development Inc. has agreed on a purchase contract with Roanoke County and successfully received a rezoning to a Mixed-Use Development (MUD) for the former William Byrd High School property. The developer has also received a preliminary designation on the State and National Register of Historic Places. Old School Partners is expected to invest $10 million towards redeveloping the property into 80 +/- apartments while also maintaining the historic character of the property. The terms of Vinton’s Economic Development Incentive Grant include the reimbursement of all applicable permitting fees, water and sewer connection fees and the property taxes collected on the property over a ten year period not to exceed $30,000. Attachments Draft Performance Agreement Recommendations No action required Agenda Summary {00134188.DOCX } 1 PERFORMANCE AGREEMENT THIS PERFORMANCE AGREEMENT (the “Agreement”) is made as of this _____ day of ________, 2016, by and between the TOWN OF VINTON, a political subdivision of the Commonwealth of Virginia, (hereafter, the “Town”), the ECONOMIC DEVELOPMENT AUTHORITY OF ROANOKE COUNTY, VIRGINIA (hereafter, the “Authority”), and WAUKESHAW DEVELOPMENT, INC., a Virginia limited liability company (hereafter, the “Company”). WITNESSETH WHEREAS, the Town Council of the Town of Vinton and the Economic Development Authority of Roanoke County, Virginia, desire to promote and encourage the economic development and vitality of the Town of Vinton and Roanoke County through the redevelopment and preservation of historic property in order to provide for retained and increased employment and corporate investment in the Town of Vinton; and WHEREAS, the Company desires to acquire the old William Byrd High School, located in the Town of Vinton, that will be redeveloped, restored, and converted into seventy (80+/-) apartments, while maintaining the historic character of the building and incorporating modern conveniences (the “Project”) located at 100 Highland Ave, Vinton, VA (Tax Map #060.11-0420.00-0000) (the “Property”), and WHEREAS, the Town and the Authority expect that the Project will promote economic development and generate new local tax revenues for the Town of Vinton; and WHEREAS, this increased investment constitutes a valid public purpose for the expenditure of public funds. NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the parties agree to the following: 1. Company’s Performance Requirements. a. The Company will cause this new Project in the Town of Vinton to be constructed and developed, subject to obtaining a rezoning of the Property by the Town, obtaining ordinary and necessary governmental approvals from the Town, obtaining the approval of historic tax credits, and meeting the applicable requirements of any other governmental agency. b. The Company shall cause the Property to be renovated, restored, and constructed into approximately eighty (+/-) apartments while maintaining the historic character of the building and incorporating modern conveniences. The estimated project cost (including but not limited to construction and related soft costs) is $9.2 million. The renovation of the Property is scheduled to be completed by June 30, 2018. c. The Company agrees to provide the Town and the Authority with any and all documentation (provided that any personally identifiable, private, confidential, or other information that Company is required by law to keep private, shall be redacted) that {00134188.DOCX } 2 may be required to verify the Company’s investment figures, during the period in which the Economic Development Incentive Grant (“Grant”) payments are to be made pursuant to this Agreement. d. The Company agrees to acquire the property from Roanoke County for $10.00, subject to the terms and conditions set out in a Purchase Agreement, which is available from Roanoke County and referenced in this Performance Agreement. The Company also agrees, at its cost and expense, to: i. prepare a Historic Preservation Certification Application, and to prepare such other documents as may be necessary to seek the listing of the Property on the National Register of Historic Places for both Part 1-Evaluation of Significance and Part 2-Description of Rehabilitation; ii. complete the steps required to rezone the property compatible for the proposed uses of this Project; iii. complete an architectural review of the Property; iv. prepare preliminary construction cost estimates; v. explore financing opportunities; vi. prepare monthly progress reports; vii. provide copies of these documents to the Town. 2. Economic Development Incentive Grant. a. The Town shall appropriate annually to the Authority the funding for an Economic Development Incentive Grant for the benefit of the Company. The annual amount of the funding provided by the Town will be equal to the annual Town real estate taxes generated by the Project. The Town’s funding of the Grant shall be provided for a total of ten (10) years or until the Town’s total contribution reaches a maximum amount of Thirty Thousand Dollars ($30,000). The Town’s ten-year Grant funding period will commence on January 1, 2018. b. The Town also agrees to remit to the Authority an amount equal to all associated Town permitting fees and water and sewer connection fees (“Fees”) paid by the Company to the Town for costs associated with the Project. Upon receipt of Company’s proof of payment of the Fees to the Town, the Authority shall reimburse the Company for the Fees. c. The Town also agrees to only hold the Company responsible for improvements that fall within Project’s limits by way of upgrading, repairing or replacing the existing infrastructure that is required by existing building codes, zoning requirements and those required to achieve and maintain the historic designation. The Town will not hold the Company responsible for new infrastructure that results as of the Project although that falls outside of the Project limits, to include but not limited to new sidewalks, streetlamps, curb and gutter, etc. d. Within sixty (60) days of the end of each calendar year beginning January 1, 2018 and until December 31, 2027, the Company shall provide such financial and tax data relating to the Project (provided that any personally identifiable, private, confidential, or other information Company is required by law to keep private, shall be redacted) as may be {00134188.DOCX } 3 reasonably required by the Authority so that the Authority may calculate the actual Grant payment. The Company hereby authorizes the Treasurer for the Town to release to the Authority the Company’s tax information and data so that the Authority may calculate the actual reimbursement amounts. The Authority shall pay the annual Grant payment to the Company at an address designated by the Company within thirty (30) days after receipt by the Authority of the data. e. If the Company terminates this project or fails to complete the construction of this development by June 30, 2018, then the Authority and Town shall be relieved of any obligation to the Company for any Economic Development Incentive Grant. 3. The Company shall have the right to assign this Agreement provided that any such assignment shall not relieve the Company of its obligations herein. 4. If any party is unable to perform its commitments under this Agreement by reason of force majeure, then that party shall not be deemed to be in default of its obligations under this Agreement, and any deadlines for the performance of its obligations and, if applicable, the deadlines for the performance of the other party’s obligations shall be extended for a time equal to the time period of the force majeure event, plus ten days. The term “force majeure” as used herein, shall include without limitation acts of God: hurricanes, floods, fire, tornadoes, earthquakes, storm; strikes or other industrial disturbances; acts of public enemy’s; orders of governmental authorities; insurrections; riots; epidemics. 5. This agreement shall be governed by and all disputes related hereto shall be determined in accordance with the laws of the Commonwealth of Virginia. 6. This Agreement and any payments of public funds are subject to future appropriations by the Vinton Town Council to the Authority. IN WITNESS WHEREOF, the undersigned have executed this Agreement the day and year first written. TOWN OF VINTON, VIRGINIA ECONOMIC DEVELOPMENT AUTHORITY OF ROANOKE COUNTY, VIRGINIA By:_________________________________ By:____________________________________ Barry W. Thompson Town Manager Title:___________________________________ APPROVED AS TO FORM: WAUKESHAW DEVELOPMENT, INC. ______________________________ By:____________________________________ Theresa J. Fontana, Town Attorney Title:___________________________________ Meeting Date October 18, 2016 Department Public Works Issue Consider adoption of a Resolution to approve an application for an allocation of funds up to $200,000 to be matched through the Virginia Department of Transportation Fiscal Year 2017- 2018 Revenue Sharing Program Summary There is now a requirement for all funding agreements to be accompanied by documentation for a local official (in most cases a County Administrator, Town or City Manager) to be authorized to execute agreements on behalf of the locality. This is being referred to as Signatory Authority. There is also a requirement for all agreements to be accompanied by a commitment of local funds for any PE, RW and CN phase costs over and above the available VDOT funding. This is being referred to as Budgetary Commitment. These two requirements are confirmation of the locality's commitment to the projects originally applied for in the various funding programs as well as confirmation of the local funds required to fully fund your projects. Council was briefed on this item at their October 4, 2016 meeting. Staff recommends adopting the attached Resolution to satisfy the Revenue Sharing Program commitments on an annual basis. This resolution could be used as the yearly required Resolution to apply for the funds, as well as the authority for a local official to sign the agreements and as the locality's budgetary commitment. 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, OCTOBER 18, 2016 AT 7:00 PM IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA 24179. WHEREAS, the Vinton Town Council desires to submit an application for an allocation of funds up to $200,000 to be matched through the Virginia Department of Transportation Fiscal Year 2017-2018 Revenue Sharing Program; and WHEREAS, the Vinton Town Council hereby supports this application for an allocation of funds up to $200,000 to be matched through the Virginia Department of Transportation Revenue Sharing Program; and NOW, THEREFORE, BE IT RESOLVED THAT: The Vinton Town Council hereby agrees to commit to their share of the total cost for preliminary engineering, right-of-way and construction of the project(s) in accordance with the project financial documents. BE IT FURTHER RESOLVED THAT the Vinton Town Council hereby grants authority for the Town Manager to execute project agreements for any approved revenue sharing projects for Fiscal Year 2017-2018. This Resolution was adopted on motion 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 October 18, 2016 Department Police Issue Consider adoption of a Resolution appropriating funds in the amount of $3,265.09 for the receipt of an insurance claim made on a Dodge Charger (Unit 1137) of the Police Department. Summary On August 24, 2016, a Dodge Charger (Unit 1137) of the Police Department was struck by another vehicle, causing front end damage. The Town’s insurance carrier, VML Insurance Programs has issued a check in the amount of $3,265.09, which is the estimate from Buddy’s Auto Body, Inc. to repair said vehicle less the $500.00 deductible. 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, OCTOBER 18, 2016 AT 7:00 PM IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA 24179. WHEREAS, while driving home from work on August 24, 2016, Unit 1137 was involved in an accident with another vehicle. The other vehicle pulled in front of the Officer, causing a motor vehicle accident; and WHEREAS, the proper insurance filing was made with the VML Insurance Programs and has been received into the Revenue Account 200.1901.001– Recoveries and Rebates in the amount of $3,265.09; and WHEREAS, in order that Buddy’s Auto Body can be paid when the invoice is received for the work, it is necessary for the Vinton Town Council to appropriate the funds from the Revenue Account 200.1901.001 – Recoveries and Rebates to the Police Department Operating Budget Account Number 200.3101.304 Maintenance and Repair of Equipment. NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby approve the following accounting transaction: FROM: 200.1901.001 Recoveries and Rebates $3,265.09 TO: 200.3101.304 Maintenance and Repair of Equipment $3,265.09 This Resolution was adopted on motion by Council Member , seconded by Council Member , with the following votes recorded: AYES: NAYS: APPROVED: Bradley E. Grose ATTEST: Susan N. Johnson, Town Clerk Meeting Date October 18, 2016 Department Police Issue Consider adoption of a Resolution appropriating funds in the amount of $44,582.00 for the purchase of a replacement vehicle in the Police Department. Summary On July 15, 2015, a 2012 Dodge Charger, the K9 Vehicle, (Unit 1146) of the Police Department was damaged as a result of a vehicle accident. The insurance settlement payment from VML and ATF funds, were used to purchase an SUV Utility vehicle to replace the Chief of Police vehicle. This vehicle will be replacing Unit 1146. The Police Department is requesting to use $44,582.00 from ATF Forfeiture funds to purchase a police vehicle to replace Unit 1146. 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, OCTOBER 18, 2016 AT 7:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA WHEREAS, the current condition of several older police vehicles are near the end of their life cycle, Unit 1146 needs to be replaced from an earlier accident where the Insurance funds were used toward the purchase of a Police Interceptor Utility Administrative vehicle; and WHEREAS, the Police Department intends to purchase a 2017 Police Interceptor Utility Vehicle with ATF Forfeiture funds; and WHEREAS, the Police Department is requesting funds in the amount of $44,582.00.00 from the ATF-Recoveries (Asset Forfeiture) Revenue Account 200.2404.023 to the General fund to cover the expense of one vehicle and markings. NOW THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Vinton does hereby approve the following: FROM: 200.12100 ATF Forfeitures Fund $44,582.00 The source of funds for the foregoing appropriation is from the ATF Forfeiture Fund in the General Fund’s reserved fund balance in the amount of $44,582.00. TO: 200.3101.731 ATF Special Project $44,582.00 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