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HomeMy WebLinkAbout12/7/2010 - Regular i J1� Tp� � � L Bradley E. Grose, Mayor p lollVinton Municipal Building Robert R. Altice, Councilmember 311 South Pollard Street Carolyn D. Fidler, Vice Mayor z Vinton, VA 24179 Matthew S. Hare, Councilmember (540) 983-0607 William "Wes" Nance, Councilmember 1884 Vinton Town Council Regular Meeting Tuesday, December 7, 2010 AGENDA Consideration of: A. 7:00 P.M. — Roll Call and Establishment of a Quorum B. INVOCATION C. PLEDGE OF ALLEGIANCE TO THE U. S. FLAG D. CONSENT AGENDA 1. Request to Approve Minutes for Regular Meetings of November 2, 2010 and November 16, 2010 2. Re-appoint Robert (Bob) Patterson to Vinton Planning Commission — Resolution No. 1894 ACTION: Adopt Resolution 3. Recommend Re-Appointment of Allen Kasey to Vinton Board of Zoning Appeals Resolution No. 1895 ACTION: Adopt Resolution 4. Recommend Re-appointment of Craig Sheets as Alternate Member of the Vinton Board of Zoning Appeals — Resolution No. 1896 ACTION: Adopt Resolution 5. Request to Re-appoint Dave Jones to the Vinton Planning Commission — Resolution No. 1897 ACTION: Adopt Resolution 6. Request to Adopt Industrial Pretreatment Program — Resolution No. 1898 ACTION: Adopt Resolution E. AWARDS, RECOGNITIONS, PRESENTATIONS 1. Presentation by Don and Carolyn Williams— Relay for Life Leadership Conference 2. Present Certificate of Recognition to Shirley Patsel for Monetary Donations to Police Department 3. Presentation by Gary Dillon, Accreditation Director for DCJS - Vinton Police Department's Re-accreditation by the Virginia Law Enforcement Professional Standards Commission. 4. Introduction of Two New Police Officers 5. Introduction of New War Memorial Facilities Manager 6. Announce Employee Service Awards 7. Present ICMA Service Award to Chris Lawrence, Town Manager and Barry Thompson, Finance Director/Treasurer F. CITIZENS' COMMENTS AND PETITIONS - This Section is reserved for comments and questions for issues not listed on the agenda G. TOWN ATTORNEY H. TOWN MANAGER I. MAYOR J. COUNCIL K. ADJOURNMENT NEXT TOWN COUNCIL MEETING: December 21, 2010 NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT. Reasonable efforts will be made to provide assistance or special arrangements to qualified individuals with disabilities in order to participate in or attend Town Council meetings. Please call (540) 983-0607 at least 48 hours prior to the meeting date so that proper arrangements may be made. WORK SESSION 1. Discussion -Amtrak Connector Service - Carl Painter, Greater Roanoke Transit Company - 2. Discussion — Home Buyer Initiative 3. Discussion—Greenway Trail in Glade Town 2 MINUTES OF A REGULAR MEETING OF VINTON TOWN COUNCIL HELD AT 7:00 P.M. ON TUESDAY, NOVEMBER 2, 2010, IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA. MEMBERS PRESENT: Bradley E. Grose, Mayor Robert R. Altice Carolyn D. Fidler Matthew S. Hare William W. Nance STAFF PRESENT: Chris Lawrence, Town Manager Darleen Bailey, Town Clerk Michael Kennedy, Public Works Director Joey Hiner, Assistant Public Works Director Karla Turman, Planning Associate Steve Doyle, Vinton Police Department Agenda A. 7:00 P.M. — Roll Call and Establishment of a Quorum B. INVOCATION C. PLEDGE OF ALLEGIANCE TO THE U. S. FLAG D. CONSENT AGENDA E. AWARDS, RECOGNITIONS, PRESENTATIONS F. CITIZENS' COMMENTS AND PETITIONS G. PUBLIC HEARING — 1. Request to Rezone Properties Located at 1015, 1021, 1027, 1037 and 1045 Hardy Road from RB Residential Business to GB General Business to Allow for Commercial Development a. Staff Report b. Applicant Statement c. Public Comment H. TOWN ATTORNEY I. TOWN MANAGER J. MAYOR K. COUNCIL 1. Finance Committee Report L. CLOSED MEETING 1. Request to Convene in a Closed Meeting Pursuant to §2.2-3711 (A) 3 — 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 1 2. Reconvene and Adopt Certification of Closed Meeting L. ADJOURNMENT Mayor Grose called the regular meeting to order at 7:00 p.m. Roll call, invocation Following roll call, Madison and Savannah Hare, daughters of and Pledge of Alle- Councilman Matt Hare gave the invocation and led the Pledge of giance to U.S. Flag. Allegiance to the U.S. Flag. Police Sergeant Stephen Doyle recognized the recent Citizens Police Academy graduation and presented academy graduates, Councilman Altice and Councilman Hare with certificates. Mayor Grose opened the public hearing at 7:06 p.m. to take Adopted Ordinance comments and questions on a request to rezone properties located No. 904 approving the at 1015, 1021, 1027, 1037 and1045 Hardy Road from RB rezoning of five Residential Business to GB General Business to allow for properties on Hardy commercial development. Road Ms. Turman reviewed the staff report that was presented at the October 5th Council Meeting and listed the following proffers submitted by the petitioners: 1. The following business uses shall not be permitted on the properties: adult day care centers; auto and truck sales and service establishments; veterinary clinics and animal hospitals; flea markets; gasoline service stations, self-service gasoline stations and auto service centers; half-way houses; outpatient mental health centers; Outpatient substance abuse centers. 2. A traffic study will be provided by the developer of the property as a part of the site plan review process as required by the Town of Vinton for site plan review and approval. 3. Properties will be developed with a maximum of two entrances. 4. Properties will be developed in accordance with the traditional buffer yard requirements as shown and described on the attached Exhibit "A" prepared by Balzer and Associates, Inc. dated October 28, 2010. 5. All site/parking lot lighting shall have fully concealed fixtures. No more than 0.5 foot candles shall be permitted to cross any 2 adjoining property line. Ms. Turman noted staff comments on the proffers that she had received on the previous Friday: 1. Regarding proffer no. 1, prohibition of certain uses on the property would be enforceable by Town staff under the Vinton Zoning Ordinance. 2. Regarding proffer no. 2, staff recommended a change in the wording but due to time restrictions, it had not yet been discussed with property owners. 3. Regarding proffer no 3, entrances and exits will be considered during the traffic impact analysis and traffic study. 4. Regard proffer no. 4, Exhibit A that shows the various buffer zones being proffered is enforceable along with the proffers made by the petitioners. 5. Regarding proffer no. 5, regarding lighting, no more than .5 ft. would be permitted to cross the property line which would be enforceable by the Town. David Bullington, Counsel for the petitioners, spoke on behalf of the five property owners. He reported that the five properties currently have a total of seven driveway entrances. He reviewed uses allowed under the RB Residential Business designation and advised that the properties in question are no longer viable for residential use. He reported that the five properties are currently being used mostly as rental property and noted that the property owners have had difficulty finding and retaining residential tenants due to the properties' location on a highly traveled highway nor have they been successful in attracting businesses. Mr. Bullington pointed out that medical offices or banks, which are currently allowed in RB zoning districts, would probably generate as much business as a retail pharmacy. He reported that the petitioners desire to have a single retail user, preferably a retail pharmacy user. The attorney advised that the petitioners are unable to proffer a site plan or to proffer a single user as they do not yet have a signed contract or letter of intent. He stressed that a commercial use is 3 consistent with future planning for this corridor, the Town's 2004 Comprehensive Plan and the Vinton Corridor Plan that was adopted earlier this year. He also submitted that it is also consistent with what is taking place on Hardy Road. He noted that the properties in question are surrounded by commercial and institutional uses and would be consistent with the proposed zoning. Mr. Bullington stated that the intended use for this property as a retail pharmacy could generate $9,000,000 to $10,000,000 in gross sales which would provide a significant revenue source for the Town. He felt it would be the best use for the land and would be every good for Vinton. Mr. Bullington addressed concerns that had been raised with the requested rezoning and the proffers that were submitted. He advised that petitioners have every expectation that there will be only one development on the properties but cannot proffer this condition without a signed contract as it would greatly restrict what can be developed on the property if the proposed development does not occur. He went on to say that the petitioners have proffered significant limitations on uses for the property listed in proffer number one. Mr. Sean Horn with Balzer and Associates Engineers, spoke in support of the rezoning and reported that his firm had reworked and resubmitted the landscaping proffers to try to mitigate concerns from citizens in Dillon Woods. He noted that a 50' preservation buffer has been proffered which would preserve all of the existing trees along the rear property line where it adjoins Dillon Woods as well as a 10' landscaping buffer. Mr. Horne advised that buffers on the side would be 15' buffers with the same landscaping requirements that had been requested by the Town. Mr. Horn advised that the addition of the traffic study in the list of proffers was significant. He explained that the intent of the language in the proffer regarding the traffic study was to allow the Town of Vinton to control the type of traffic study that would need to be done. He added that if a traffic study is done using VDOT's standards, it would show that the traffic generated by the site would not require a VDOT traffic impact analysis. Mr. Nance questioned whether landscaping plantings would take place towards Hardy Road. Mr. Horn responded that there would be plantings at that location but any landscaping done would not infringe on site distances. Mr. Nance then asked for clarification as to whether the vegetation screen would impact the ability to move 4 the eastern most entrance and exit further away from the By-Pass intersection. Mr. Horn replied that if it was full access, it would impact it but that if two entrances were shown to be viable on the property, the one closest to the intersection would be a right in and right out only; would likely have its own dedicated turn lane and would taper into a merge lane. In response to a question from Mr. Hare regarding the proffer for the preservation buffer, Mr. Horn explained that this proffer includes a provision that none of the vegetation in that area could be removed except for diseased or dead vegetation and would be done only with the Town's permission. He went on to say that the Town could then require additional plantings to replace any trees that are removed. Mayor Grose asked if the air conditioning units for the proposed business would be visible from the neighboring properties. Mr. Horn responded that as the evergreen screening grows, it would screen them from view. During Janet Scheid's comments opposing the requested rezoning, she thanked the petitioners for the improvements in the recommended proffers that were requested by the neighborhood group but noted there were a couple of important issues that were not addressed by the petitioners that she felt needed to be discussed such as a limitation on business hours. Ms. Scheid went on to say that the neighboring residents have a right to peace and quiet after 10:00 p.m. and before 7:00 a.m. She asked that the petitioners give that request some additional consideration. Another proffer mentioned by Ms. Scheid that had not been considered was the request that the business not locate a drive-through window at the rear of the site due to the noise and activity that would take place. Mary Beth Layman of 1028 Almond Drive spoke in opposition to the rezoning. She asked that the petitioners consider granting a proffer of a 75' buffer. She also stated her concerns that the 15' side buffer might not be wide enough. Ms. Layman also had concerns with noise from HVAC equipment and asked that shielding with other types of material in addition to the plantings, be considered. She asked that parking be limited to the front and side of the property. She voiced another concern that the plantings in the petitioners' proffers were smaller than requested by the neighborhood group and suggested an alternative of one tree per every 10 feet, double planted and staggered to offer a tighter screen. Ms. Layman asked that traffic concerns be carefully considered. She expressed her appreciation for having the opportunity to be involved in working out 5 proffers that would lessen the impact on the neighboring property owners. Mr. Charles McCarty spoke in favor of the rezoning. Keith Setzer stated that with the proper buffers, the Dillon Woods neighborhood will not be affected by the new development. He went on to say that there are many other businesses in the Roanoke Valley that are adjacent to residences without any consequences or complaints. Mr. Nance pointed out that the rezoning would completely change backyards for the residents. He stated that he is in favor of the rezoning but that the petitioners need to understand that these families would go from having single-family homes in their back yard to having a large drug store in their back yards. Mr. Chris McCarty stated that he was very impressed with the proffers that were given by the petitioners. He felt that the proposed development would be a good for Vinton. Ms. Fidler stated that this process had been a learning experience for her. She stated that because the area would eventually have to be rezoned to general business, she supported the rezoning request. Mr. Altice expressed appreciation for the proffers that were agreed on by the petitioners and noted that it would be impossible to get an agreement on everything that everyone wanted. He also supported the rezoning. Mr. Nance stressed that citizens on both sides of the issue are all good people and are all neighbors. He commented that the petitioners are just asking to be able to use their property in the best way possible and the neighboring residents want to be able to continue enjoying their backyards as they always have. Mr. Nance stressed that the number of ways to ingress and egress the property should be limited. He stated the Town now has an agreement to have a traffic study done and to determine what the traffic study will entail as well as a limitation placed on the number of entrances/exits. He stated that he felt he could now support the petitioners request to rezone the five Hardy Road properties. Mr. Hare stated that he shares concerns with the neighborhood because he lives in the neighborhood and cares about his neighbors and their concerns. He went on to say it has come down to measuring risks and he felt that the Town would be incurring more risks leaving the properties as they are than if they are rezoned. Mr. 6 Hare noted that the five properties have been zoned Residential Business for 22 years and during that time, it has become obvious that the current zoning is not appropriate for these properties. He went on to say that Council has no control over what happens to the properties at the present time but with the requested rezoning, it would be possible for them to help cushion the impact on the Dillon Woods neighborhood. The Councilman stated that he has gotten comments from many people in Vinton that do not live in the area regarding the requested rezoning and they either support it or they do not care one way or the other. He stated that because he represents the entire Town, he felt he had to support the request. Mayor Grose echoed each Councilmember's comments. He added that because the Town is very developed, there are many businesses and residences that are located side by side and most of the time, it works. He advised that Council has to protect residential areas through proffers and achieving a balance between what is good for business and what is good for neighborhoods. He stated that he appreciated the work performed by the citizens as well as by the petitioner. Mayor Grose pointed out that the petitioner had "gone a long way" to satisfy as many citizens as possible. He felt the proffers make this a reasonable and legitimate project and shared Mr. Hare's comment that this is the best choice for the properties. He commented that it is still not known what would be developed on the properties but the Town now has proffers to limit what can be developed on the five properties. He stated his concern that if this request is not approved, five business could be put on the properties that might not have the resources to provide the type of buffers that are needed to protect the residential areas. He concluded that he too was in favor of the rezoning requested. Mayor Grose closed the public hearing at 8:24 p.m. Mr. Altice moved to adopt proposed Ordinance No. 904 approving a petition by Rachel Juanita Setzer to rezone properties located at 1015, 1021, 1027, 1037 and 1045 from RB Residential Business to GB General Business to allow for commercial development. The motion was seconded by Mr. Nance and passed unanimously on a roll call vote. Ms. Dillon reported some early election results. Mr. Lawrence noted that a Chamber of Commerce Luncheon meeting to be sponsored by the Town is scheduled for November 16t" at 11:30 p.m. at the Vinton War Memorial. The Town Manager noted that two additional businesses had been 7 approved for a fagade grant and reported that most of the work done by the EDA this year was done in Vinton. Mayor Grose congratulated Mr. Altice and Mr. Hare on their recent graduation from the Police Academy. He thanked staff for the work done on the rezoning request and appreciated the professional manner in which it was handled. Ms. Fidler reported that she had received a very nice comment from a citizen who had remarked on how the Town had improved during the past few years. Mr. Hare briefly reported on a Finance Committee Meeting held on the previous Thursday to discuss a proposal for a loan program to fund sewer connection fees. He then made comments regarding a new summary page for the Financial Statement that had been formulated by the Finance Committee to provide an overview of the Town's revenues at a quick glance. Ms. Fidler questioned whether the tobacco tax was coming in at the projected rate and was advised by Mr. Hare that the tax was coming in as anticipated. Mr. Hare questioned whether the Governor's plan to privatize the sale of alcoholic beverages would generate taxable income for the Town. Mr. Lawrence replied that at this point, it does not look as if it would be a taxable item for localities but ABC sales would be included in gross receipts for business license tax calculations. It was noted that currently, the Town reaps very little from ABC stores. The Town Attorney pointed out that there is a move by cigarette wholesalers to change legislation so that the State Department of Taxation would be responsible for collecting cigarette taxes and enforcing it. She noted that this could harm local governments. Mr. Lawrence advised that when the State took over collecting communications utility tax, the Town lost over$60,000. Mr. Lawrence reported that the next Finance Committee Meeting has been scheduled for November 9th at which time the Town's auditor will present a preliminary audit report for FY 2009/2010. Mayor Grose expressed his appreciation to staff for working so closely with the Finance Committee. At 9.00 p.m., Mr. Hare moved that Council go into a closed meeting pursuant to Section 2.2-3711 (A) (3) of the Code of Virginia as 8 amended, for discussion or consideration of the acquisition of real property for a public purpose. The motion was seconded by Mr. Nance and approved unanimously on a roll call vote. At 10-03 p.m., the regular meeting reconvened and the Certification that the closed meeting was held in accordance with State Code requirements was approved on motion by Mr. Hare, seconded by Ms. Fidler and passed on a unanimous roll call vote. Mayor Grose adjourned the regular meeting at 10:05 p.m. APPROVED: Bradley E. Grose, Mayor ATTEST: Darleen R. Bailey, Town Clerk 9 MINUTES OF A REGULAR MEETING OF VINTON TOWN COUNCIL HELD AT 7:00 P.M. ON TUESDAY, NOVEMBER 16, 2010, IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA. MEMBERS PRESENT: Bradley E. Grose, Mayor Robert R. Altice Carolyn D. Fidler Matthew S. Hare William W. Nance STAFF PRESENT: Chris Lawrence, Town Manager Susan Waddell, Acting Town Attorney Darleen Bailey, Town Clerk Michael Kennedy, Public Works Director Joey Hiner, Assistant Public Works Director Karla Turman, Planning Associate Steve Doyle, Vinton Police Department Agenda A. 7:00 P.M. — Roll Call and Establishment of a Quorum B. INVOCATION C. PLEDGE OF ALLEGIANCE TO THE U. S. FLAG — Boy Scout Troop No. 235 from Thrasher Memorial United Methodist Church D. CONSENT AGENDA 1. Request to Approve Minutes for Regular Meetings of October 5, 2010 and October 19, 2010 E. AWARDS, RECOGNITIONS, PRESENTATIONS 1. Officer of the Month for October— Sergeant Steven Doyle 2. Audit Presentation by Brown Edwards & Company, LLP and Acceptance by Town Council — Resolution No. 1892 F. CITIZENS' COMMENTS AND PETITIONS - This Section is reserved for comments and questions for issues not listed on the agenda G. TOWN ATTORNEY H. TOWN MANAGER 1. Report - Industrial Pretreatment Program 2. Request to Approve Amendment to Purchasing Policy— Resolution No. 1893 I. MAYOR J. COUNCIL 1. Accept Financial Report for September 30, 2010 K. ADJOURNMENT 1 Mayor Grose called the regular meeting to order at 7:00 p.m. Roll call, invocation Following roll call, Mr. Bill Booth gave the invocation. Boy Scout and Pledge of Alle- Troop No. 235 from Thrasher Memorial United Methodist Church led giance to U.S. Flag. the Pledge of Allegiance to the U.S. Flag. The Consent Agenda was approved on motion by Mr. Hare and seconded by Ms. Fidler. The motion passed with all in favor. Mr. Hare read a letter from Police Chief Cooley naming Sergeant Steven Doyle and Officer Todd Bailey as Officers of the Month for October, 2010. Barry Thompson, Finance Director/Treasurer, introduced the Adopted Resolution Jennifer Schilkie with Brown Edwards & Company, LLP, the Town's No. 1892 accepting auditor. Mr. Thompson reported that Ms. Schilkie had previously the Audit Report for provided a detailed review of the Town's financial records at a FY 2009/2010 Finance Committee Meeting on November 9cn Ms. Schilkie presented the Town's Comprehensive Annual Financial Report for the year 2009-2010. She explained that State law requires local governments to have an annual audit completed and presented to Council at a public meeting. She complimented Town staff for their cooperation and assistance during the audit process and noted that the process went smoothly. During her presentation, Ms. Schilkie reported that the Town had received an unqualified opinion which is the highest level of assurance that can be placed on the Town's financial statements. She reviewed the Management Letter and explained that its purpose is to make recommendations to management on ways to improve operations. In summing up her report, she noted that the Town has a varied and diverse source of revenues. She pointed out that the Town has been proactive in implementing a new tax source which shows the Town is committed to balancing the budget. Mayor Grose thanked Ms. Schilkie for working so closely with the Finance Committee. He also thanked staff for their efforts. Mr. Hare noted that Council will need to hold a work session to review some of the findings brought out by the auditors. He noted that the Finance Committee has put a process in place this year that will help the Town avoid future revenue shortages. During a discussion on the status of the Water and Sewer Fund, Ms. Schilkie reported that 15% of water and sewer expenses have come 2 from the Utilities fund balance for the past several years. She went on to say that if this continues, the General Fund will have to begin subsidizing the Water and Sewer Fund. Mr. Altice moved to adopt proposed Resolution No. 1892 accepting and receiving the June 30, 2010 Comprehensive Annual Financial Report as prepared by Brown Edwards. The motion was seconded by Mr. Hare and passed unanimously on a roll call vote by the four members present. Mike Kennedy reported on the Town's Industrial Pretreatment Report on Industrial Program. He explained that this program has been required for a Pretreatment Program long time and is mandated by the Environmental Protection Agency and the Virginia Department of Environmental Quality. He further explained that this program relates to any waste water that flows into the Western Virginia Water Authority's Water Pollution Control Plant. Mr. Kennedy noted that the Town established an inter-jurisdictional agreement with the Water Authority for this program in 2005. The Public Works Director reported that the Water Authority issues permits and performs quarterly testing to monitor waste water to ensure that it remains within established limits, the agency performs annual inspections and provides enforcement if required. He advised that the Town has only two industries that are covered under this program - Precision Fabrics Group and Aramark. Mr. Kennedy advised that the primary purpose of the standards is to ensure that nothing goes into the Treatment Plant that would interfere with its operation and to protect its receiving waters as well as protect the people who work at the Treatment Plant. He added that the water that comes into the plant eventually ends up in the Roanoke River which runs into Smith Mountain Lake. He reported he had sent the new regulations to both PFG and Aramark. He further reported that the two industries have one year to get the new standards in place and could be fined up to $10,000 if they do not. He advised that a resolution will be presented to Council at their next meeting requesting Council to adopt the new standards. Consuella Caudill reported on proposed Resolution No. 1893 Adopted Resolution approving amendments to the Town's purchasing policy. She No. 1893 amending advised that the last General Assembly made regulation changes in the Town's Purchasing the State Code's Virginia Public Procurement Act on which the Policy Town's purchasing policy is based. She noted that Vinton has a set of policies that are followed when purchases are made on the 3 Town's behalf including professional services. She also noted that adopting the requested amendment will ensure that the Town is in compliance with Public Procurement Act requirements. Ms. Caudill explained that anytime the Town sends out a bid request, an RFP, or any type of solicitation or contract, the Proof of Authority to Transact Business in Virginia must be included. She further explained that the company would have to contact the State Corporation Commission to get appropriate forms to show they are in compliance to transact business in the State of Virginia. It was noted that this regulation became effective on July 1, 2010. Mr. Hare asked how this requirement would impact business. Ms. Caudill stated that if a business is already contracting with other state and local government agencies, it should not overly impact them. Ms. Fidler moved to adopt proposed Resolution No. 1893 amending the Town's Purchasing Policy. The motion was seconded by Mr. Altice and approved unanimously on a roll call vote by the four members present. Mayor Grose thanked the Town Manager and staff for preparing the State of the Town address. Ms. Fidler noted that Councilman Nance, who is a Prosecuting Attorney for Bedford County, was not present due to an ongoing trial with which he is involved. Mr. Altice reported that he had an opportunity to ride with a Police Officer as a part of the recent Police Academy and was amazed at what goes on in the Town at night. Mr. Hare thanked staff for their efforts in getting the new Town website up and running. He commented that the September 30th Financial Report, which had been presented at an earlier Council meeting, needed to be formally accepted by a vote of Town Council. Mr. Altice moved to accept the September 30th Financial Report. The motion was seconded by Ms. Fidler and passed with all in favor. Mr. Lawrence reported that he had talked with staff with regard to making a minor change in how Council meetings are conducted. He recommended that the first regular Council meeting of the month be 4 limited to mostly business items with the majority of work sessions items to be scheduled for the second meeting whenever possible. He assured Council that, they would continue to be able to conduct business at the second meeting if necessary. He felt that this would hopefully allow the first meeting to end at an earlier hour. As there was no further business, Mayor Grose adjourned the meeting at 8:05 p.m. APPROVED: Bradley E. Grose, Mayor ATTEST: Darleen R. Bailey, Town Clerk 5 RESOLUTION NO. 1894 AT A REGULAR MEETING OF VINTON TOWN COUNCIL HELD ON TUESDAY, DECEMBER 7, 2010, AT 7:00 P.M. IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING,311 SOUTH POLLARD STREET, VINTON, VIRGINIA. WHEREAS, Robert Patterson's four-year term on the Vinton Planning Commission will expire on December 31, 2010; and, WHEREAS, according to the Planning Commission's By-laws, members are appointed for four- year terms by the Town Council and may be appointed to succeed themselves in office; and, WHEREAS, Mr. Patterson has been contacted and is willing to continue serving on this Commission, subject to reappointment by Town Council. NOW, THEREFORE, BE IT RESOLVED, that the Vinton Town Council does hereby reappoint Mr. Patterson to a new four-year term on the Vinton Planning Commission that will run from January 1, 2011 through December 31, 2015. This Resolution adopted on motion made by , and seconded by with the following votes recorded: AYES: NAYS: ADOPTED: Bradley E. Grose, Mayor ATTEST: Darleen R. Bailey, Town Clerk RESOLUTION NO. 1895 AT A REGULAR MEETING OF VINTON TOWN COUNCIL HELD ON TUESDAY, DECEMBER 7, 2010 AT 7:00 P.M. IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING,311 SOUTH POLLARD STREET, VINTON, VIRGINIA. WHEREAS, the term of Allen S. Kasey on the Vinton Board of Zoning Appeals will run through January 16, 2011; and, WHEREAS, Mr. Kasey, who resides at 105 Giles Avenue in Vinton, Virginia has expressed an interest in continuing to serve on the BZA if Council wishes to recommend his reappointment. NOW,THEREFORE,BE IT RESOLVED,that the Vinton Town Council does hereby recommend that Allen S.Kasey be re-appointed by the Roanoke County Circuit Court to serve a five-year term on the Vinton Board of Zoning Appeals that will run from January 17, 2011 through January 16, 2016. This Resolution adopted on motion by , and seconded by , with the following votes recorded: AYES: NAYS: ADOPTED: Bradley E. Grose, Mayor ATTEST: Darleen R. Bailey, Town Clerk RESOLUTION NO. 1896 AT A REGULAR MEETING OF VINTON TOWN COUNCIL HELD ON TUESDAY, DECEMBER 7, 2010 AT 7:00 P.M. IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING,311 SOUTH POLLARD STREET, VINTON,VIRGINIA. WHEREAS, the term of Craig Sheets as an alternate member of the Vinton Board of Zoning Appeals will run through February 20, 2011; and, WHEREAS, Mr. Sheets, who resides at 120 Cedar Avenue in Vinton, Virginia has expressed an interest in continuing to serve on the BZA if Council wishes to recommend his reappointment. NOW,THEREFORE,BE IT RESOLVED,that the Vinton Town Council does hereby recommend the appointment of Craig Sheets by the Roanoke County Circuit Court to a five-year term as an alternate member of the Vinton Board of Zoning Appeals that will run from February 21,2011 through February 20, 2016. This Resolution adopted on motion by , and seconded by with the following votes recorded: AYES: NAYS: ADOPTED: Bradley E. Grose, Mayor ATTEST: Darleen R. Bailey, Town Clerk RESOLUTION NO. 1897 AT A REGULAR MEETING OF VINTON TOWN COUNCIL HELD ON TUESDAY, DECEMBER 7, 2010, AT 7:00 P.M. IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING,311 SOUTH POLLARD STREET, VINTON, VIRGINIA. WHEREAS, Dave Jones' four-year term on the Vinton Planning Commission will expire on February 28, 2011; and, WHEREAS, according to the Planning Commission's By-laws, members are appointed for four- year terms by the Town Council and may be appointed to succeed themselves in office; and, WHEREAS, Mr. Jones has been contacted and is willing to continue serving on this Commission, subject to reappointment by Town Council. NOW, THEREFORE, BE IT RESOLVED, that the Vinton Town Council does hereby reappoint Mr. Jones to a new four-year term on the Vinton Planning Commission that will run from March 1, 2011 through February 28, 2015, This Resolution adopted on motion made by , and seconded by with the following votes recorded: AYES: NAYS: ADOPTED: Bradley E. Grose, Mayor ATTEST: Darleen R. Bailey, Town Clerk RESOLUTION NO. 1898 AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, DECEMBER 7, 2010 AT 7:00 PM IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA WHEREAS, the Western Virginia Water Authority (the "Authority") owns the Water Pollution Control Plant; and WHEREAS, the Authority and the Town of Vinton are parties to an Interjurisdictional Agreement (the "Agreement") with regard to the wastewater treatment system, which includes industrial waste; and WHEREAS, the Agreement requires the Town to adopt the Rules and Regulations adopted by the Authority and any revisions thereto; and WHEREAS, the Authority recently adopted revisions, dated August 6, 2009, to the Rules and Regulations, Industrial Pretreatment Program, which are incorporated herein by reference; and WHEREAS, the revisions to the Rules and Regulations are driven by United States EPA revised standards. NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby adopt the revised Western Virginia Water Authority Rules and Regulations, Industrial Pretreatment Program, dated August 6, 2009. Motion made by Councilmember , seconded by Councilmember , with the following votes recorded. AYES: NAYS: APPROVED: Bradley E. Grose, Mayor ATTEST: Darleen Bailey, Town Clerk Timothy Lawless Graduated from Franklin Co. High in 1999 Graduated from Cardinal Criminal Justice Academy in Nov. 2004 Police Officer in Bedford City from March 2005 - Nov. 2010 While in Bedford City, obtained certifications in General Instructor, Field Training Officer, Mountain Bike Officer. Married in Aug. 2005 and has a 4 year old daughter. Michael Byrd Born in Brooklyn NY and later moved to Roanoke Va. Attended William Fleming HS and Radford University. While in school He began working for the department of Juvenile Justice as a juvenile counselor and later worked for the Roanoke City Sheriffs Office where he served as a Deputy Sheriff for nearly 4 years. Married last August to his wife Nakia Byrd