HomeMy WebLinkAbout12/18/2012 - Regular1
Vinton Town Council
Regular Meeting
Council Chambers
311 South Pollard Street
Tuesday, December 18, 2012
AGENDA
Consideration of:
A. 6:00 p.m. - WORK SESSION
1. Briefing on Regional Pound Agreement between the City of Roanoke,
Town of Vinton, County of Roanoke and County of Botetourt.
B. 6:30 p.m. - ROLL CALL AND ESTABLISHMENT OF A QUORUM
C. CLOSED MEETING
1. Request to Convene in Closed Meeting, Pursuant to § 2.2-3711 (A) of the
1950 Code of Virginia, as amended, for the following:
a. Discussion regarding appointments to boards and commissions as
authorized by subsection 1.
b. Discussion with legal counsel regarding a prayer policy as authorized
by subsection 7.
D. RECONVENE AND ADOPT CERTIFICATION OF CLOSED MEETING
E. PLEDGE OF ALLEGIANCE TO THE U. S. FLAG
F. MOMENT OF SILENCE
G. APPOINTMENTS TO BOARDS/COMMISSIONS
H. CONSENT AGENDA
1. Consider approval of minutes for the Council regular meeting of November
20, 2012.
2. Consider approval of minutes for the Council regular meeting of December
4, 2012.
Bradley E. Grose, Mayor
William “Wes” Nance, Vice Mayor
I. Douglas Adams, Jr., Council Member
Robert R. Altice, Council Member
Matthew S. Hare, Council Member
Vinton Municipal Building
311 South Pollard Street
Vinton, VA 24179
(540) 983-0607
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I. AWARDS, RECOGNITIONS, PRESENTATIONS
1. Officer of the Month for November 2012 – Officer Gregory Quesinberry
2. Recognition of the Roanoke County Emergency Communications Center for
receiving re-accreditation through the Commission on Accreditation for Law
Enforcement Agencies, Inc. (CALEA)
J. CITIZENS’ COMMENTS AND PETITIONS - This section is reserved for comments
and questions for issues not listed on the agenda.
K. TOWN ATTORNEY
L. TOWN MANAGER
ITEMS REQUIRING ACTION
1. Consider adoption of an Ordinance authorizing the Town Manager to
execute a Regional Pound Agreement between the City of Roanoke, Town
of Vinton, County of Roanoke and County of Botetourt.
2. Consider adoption of a Resolution approving the expansion of the
Downtown Facade Matching Grant Program target area.
3. Consider adoption of four Resolutions required by the Downtown and
Economic Revitalization Grant from the 2012 Community Development
Block Grant
a. Resolution adopting Fair Housing Certification
b. Resolution adopting Residential Anti-displacement and Relocation
Assistance Plan Certification
c. Resolution adopting a Non-Discrimination Policy
d. Resolution adopting a Grievance Procedure Policy
4. Consider adoption of a Resolution expending funds in the amount of $5,000
to the Veterans Monument toward the debt retirement to match additional
funding from Roanoke County.
M. MAYOR
N. COUNCIL
O. ADJOURNMENT
P. WORK SESSION
1. Update on the Glade-Tinker Creek Wastewater Interceptor Replacement –
Phase II Project
2. Update on the War Memorial Business Plan
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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.
NEXT TOWN COMMITTEE/COUNCIL MEETINGS:
• Wednesday, January 2, 2013 – 7:00 p.m. – Regular Meeting – Council Chambers
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Meeting Date
December 18, 2012
Department
Administration
Issue
Work Session - Briefing on Regional Pound Agreement between the City of Roanoke, Town of
Vinton, County of Roanoke and County of Botetourt.
Summary
The Town of Vinton, in partnership with Roanoke County, Roanoke City, and Botetourt County,
have been working over the past several months with the Roanoke Valley SPCA to improve the
services delivered by the Roanoke Center for Animal Control and Protection (Pound). Critical
areas of work have included animal care, shelter conditions and adoption of animals.
The Pound is an open intake facility managed by the RVSPCA on behalf of the four member
jurisdictions. Animals which have been abandoned, neglected, roam at large or released by
owner are received at the Pound.
The members have had a long term contract with the RVSPCA to manage and operate the Pound
on behalf of the local governments. At a formal announcement held on November 1, 2012,
members advised the public that the four (4) local governments would assume operational
responsibility of the Pound as soon as possible. It was noted at the public press conference that
the members and the RVSPCA mutually agreed with this change. The members see this as an
opportunity to establish a structure which would better merge animal control activities with
Pound operations, resulting in improvements in operational efficiency and effectiveness.
Since that time the members’ representatives have continued to work collectively to start the
transition from RVSPCA management to the members’ management.
The agreement is the first legal document presented to the four member elected local
governments to establish a format by which the transition can proceed. Staff believe that it is
essential that the member-elected governing bodies approve this agreement as soon as possible
so that the conversion to a member managed pound can begin. If approved, the structure by
Town Council
Agenda Summary
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which to hire a new manager and other staff members will have been established and recruitment
can commence. If approved by the other three (3) localities, the position of director can be
advertised before the end of the year. Our goal is to complete the hiring process by the end of
February 2013. To support the transition of member management of the Pound, the adoption of
this agreement is the first effort to initiate the transition.
This intergovernmental agreement with Roanoke County, Roanoke City, and Botetourt County
sets out the terms and conditions for these local governments to establish and operate a regional
animal shelter or pound. Intergovernmental agreements for the joint exercise of powers by
localities shall be approved by ordinance.
This “pound” agreement does the following: (1) describes the ownership percentage of each of
the localities in the animal shelter located at 1340 Baldwin Ave., Roanoke, VA., (2) establishes a
cost sharing formula based upon usage, (3) creates an Executive Committee consisting of the
managers and administrators of the localities, (4) provides for the appointment of a shelter
director, (5) addresses budget and fiscal agent matters and (6) dispute resolution and termination.
This is the first step in a multi-step process. In the next several months Town Council will
consider (1) an agreement between the SPCA and the localities, which may include a lease with
an option to purchase a portion of the existing property and building, as well as the transfer of
operating responsibilities, (2) the various documents conveying ownership interests in this real
estate, which may consist of a land lease, purchase and sale agreement, or condominium
instruments and (3) the ordinances or resolutions necessary to signify Council approval of these
actions.
The preliminary fiscal impacts estimates that operating costs for the member managed facility
will increase due to the need to hire additional management and operations staff, resulting in
increased operations expenses currently shared with the RVSPCA. Other possible minor capital
expenditures to accommodate the additional staff may also be required. The exact budgetary
impact of this transaction has not yet been finalized; however, based on current usage
percentages, the Town of Vinton’s increased costs is likely to exceed $20,000. Given the
proposed time-line to have the operating transition completed this spring, budget allocations will
be finalized in time to be included in the proposed budget to be presented to Town Council in
April, 2013.
Attachments
Proposed Intergovernmental Agreement
Recommendations
Adopt Ordinance to approve Intergovernmental Agreement during the regular meeting
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ROANOKE VALLEY REGIONAL POUND AGREEMENT
THIS AGREEMENT is made and entered into on this ___ day of _______________, 2012, by
and between the City of Roanoke, (“Roanoke City”); the Town of Vinton, (“Vinton”); the County of
Roanoke, (Roanoke County”); and the County of Botetourt, (“Botetourt”), each of which is a political
subdivision or municipality of the Commonwealth of Virginia.
WITNESSETH:
WHEREAS, §3.2-6546 of the Code of Virginia requires the governing body of each county, town
or city to maintain or cause a “pound” to be maintained; and
WHEREAS, §3.2-6546 of the Code of Virginia allows one or more local governing bodies to
operate a single “pound” in conjunction with one another; and
WHEREAS, the governing bodies of Roanoke City, Vinton, Roanoke County, and Botetourt have
determined that it is in the best interest of all four jurisdictions to operate a single animal shelter; and
WHEREAS, the participating localities are authorized to enter into this joint Agreement pursuant
to Section 15.2-1300 of the Code of Virginia; and
WHEREAS, Roanoke City, Vinton, Roanoke County and Botetourt anticipate that they will enter
into a ground lease with an option to purchase the Regional Pound property at 1340 Baldwin Avenue
located in the City of Roanoke from the Roanoke Valley Society for the Prevention of Cruelty to
Animals, Inc. (“SPCA”)
NOW, THEREFORE, the City Council for the City of Roanoke, the Town Council for the Town
of Vinton, the Board of Supervisors of the County of Roanoke and the Board of Supervisors for the
County of Botetourt, Virginia, in consideration of the mutual obligations and mutual benefits accruing to
their respective localities from this Agreement, have agreed upon the terms of a contract among
themselves, which are as follows:
ARTICLE I. REAL ESTATE
Sec. 1-1. Description of Real Estate. The Regional Pound is a kennel facility located in the City
of Roanoke, together with the improvements thereon, described as a portion of tax map parcel No.
3210401, with a street address of 1340 Baldwin Avenue, Roanoke, Virginia as more particularly shown
on the attached plat.
Sec. 1-2. Ownership Percentage of the Building by Participating Localities. Upon conveyance of
the ground lease, the percentage of Roanoke City, Vinton, Roanoke County, and Botetourt, respectively
in the leasehold, the beneficial interest in the building and associated chattel shall be as follows: Roanoke
City: Fifty-eight percent (58 %); Vinton: Four percent (4 %); Roanoke County: Twenty-two percent (22
%); Botetourt: Sixteen percent (16 %).
Sec. 1-3. Management of the property. All use and operation of the real estate shall be managed
by the Executive Committee established in Paragraph 4-3, below.
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Sec. 1-4 Proceeds of Real Estate and personal property. The net proceeds of the sale or rental of
any real property interest, or any portion thereof or any product or personal property therefrom, to any of
the parties or any outside party shall be shared in the original proportions as the ownership of the
Regional Pound real estate under the terms of Section 1-2 and Section 2-2 at the time of said sale or the
time rental proceeds are due and payable under the terms of said sale or rental agreement.
ARTICLE II. SHARING COSTS
Sec. 2-1. Sharing Costs. From April 1, 2013 until the end of the first full fiscal year (June 30,
2013), all costs (to include operational, and maintenance) in excess of revenues from all other sources
shall be apportioned in the following manner: Roanoke City: Fifty-eight percent (58 %); Vinton: Four
percent (4 %); Roanoke County: Twenty-two percent (22 %); Botetourt: Sixteen percent (16 %). After
the first full calendar year, the parties’ respective shares of costs shall be calculated as provided in Section
2-2 below.
Sec. 2-2. Annual Calculation of Cost Shares. After the first fiscal year (June 30, 2013) the costs
in excess from all revenues from all other sources, shall be shared by the localities on the basis of the
respective usage made by each of said localities in the Regional Pound for the just concluded fiscal year
(July 1, 2012 through June 30, 2013). Each locality’s usage shall include the number of dogs, cats, or
other animals brought to the shelter from the said locality each fiscal year.
Sec. 2.3 Use of Animal Shelter. Each of the localities shall be required to use this Regional
Pound for all companion animals required to be confined therein under each localities’ respective animal
control ordinances. The shelter manager is authorized to waive this requirement if space in the Regional
Pound is unavailable.
ARTICLE III. BUDGET AND FISCAL MATTERS
Sec. 3-1. Participating Localities. The Participating Localities to this Agreement are the City of
Roanoke, the Town of Vinton, the County of Roanoke and the County of Botetourt.
Sec. 3-2. Fiscal Agent. Unless otherwise agreed to in writing, Roanoke County shall act as the
fiscal agent for the Regional Pound until otherwise agreed to by a unanimous vote of the Executive
Committee. The fiscal agent will maintain a program account for the receipt of funds paid by the
Participating Localities and fees paid by the general public, and for payment expenses for the operation,
maintenance, repairs, and capital improvements to the Regional Pound.
Sec.3-3. Host Locality. Host Locality shall be defined as the locality in which the Regional
Pound is located. As of the date of this Agreement the City of Roanoke is the Host Locality.
Sec. 3-4. Budget. The Executive Committee will adopt an annual budget for the operations,
maintenance and repair of the Regional Pound in each ensuing fiscal year. The budget shall be approved
by the first day of March each year so that the Regional Pound budget can be included in each
jurisdiction’s budget proposal. At the option of the Executive Committee, the budget request in any year
may include component for future construction or other capital improvements.
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Sec. 3.5 Annual Adjustment of Expenses. At the end of each fiscal year a financial audit shall be
performed in order to adjust any discrepancy between the budgeted payments and each locality’s actual
and appropriate share of expenses for the prior year. Once every three years the operational cost formula
will be reviewed for possible changes to the agreed cost sharing in Article II.
Sec. 3-6. Debt. The Executive Committee shall have no authority to incur debt obligations or
approve expenditures in excess of the funds appropriated to it by the governing bodies of each
jurisdiction. However, the Executive Committee may, by unanimous vote, recommend the issuance of
new debt or the restructuring of existing debt which would then require the approval of the governing
bodies for each of the Participating Localities.
Sec. 3-7. Executive Director and Employees. The Executive Committee shall serve as an
advisory board in the hiring of an Executive Director for the Regional Pound. All employees assigned to
the Regional Pound including the Executive Director shall be employees of the Fiscal Agent and shall be
subject to the personnel policies of the Fiscal Agent.
Sec. 3-8. Indemnification and Insurance. Each participating locality will maintain its own
workers’ compensation and public official’s liability insurance coverage, and will retain its full legal
responsibility for injuries or property damage arising from its employees’ use of the Regional Pound.
Nothing in this agreement shall be interpreted as an assumption of joint and several liability, or as an
indemnification of any jurisdiction, by any of the others. General liability insurance for the facility shall
be purchased by the Fiscal Agent. Each party to this agreement shall be billed for its proportional share
of General Liability coverage in accordance with the formula set forth in Article II.
ARTICLE IV. OPERATIONS AND DISPUTE RESOLUTION
Sec. 4-1. Term. The term of this Agreement shall commence on April 1, 2013 and shall
terminate on June 30, 2023, unless sooner terminated or further extended as provided herein. As
of each ten (10) year anniversary date hereof (July 1), the term of this Agreement shall
automatically be extended for one additional ten (10) years beyond the then existing date of
termination, unless one or more of the participating localities chooses to withdraw from this
Agreement in accordance with the process outlined Article V.
Sec. 4-2. Operator. The day to day operation of the Regional Pound shall be performed by full-
time Executive Director appointed in accordance with Section 3-7 of this Agreement. The Executive
Committee shall provide oversight as an advisory board to the Executive Director. Employees of the
Regional Pound will receive pay and other compensation from Roanoke County, the fiscal agent for the
Regional Pound. Employees shall be subject to the employment policies and procedures of Roanoke
County.
Sec. 4-3. Executive Committee. The overall operation of the Regional Pound shall be the
responsibility of an Executive Committee as set forth herein. The composition and purposes of the
Executive Committee are as follows:
(1) The members of the Executive Committee are the City of Roanoke City Manager; the Town
of Vinton, Town Manager; the Roanoke County, County Administrator; the Botetourt County, County
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Administrator; or their respective designee; plus a member appointed by the chief executive of the
locality that is serving as Host Locality. The initial Host Locality is the City of Roanoke.
(2) The Executive Committee will meet at least quarterly, once the Regional Pound established
hereunder becomes operational. Special meetings may be called by any two members by actual notice
delivered to all members at least 48 hours prior to the meeting date, or may be held at any time upon
attendance at meetings by all members.
(3) A quorum necessary to take action at any meeting shall be three (3) members, or their
officially-appointed designees. A majority vote of the members in attendance shall decide any issue
presented unless otherwise set forth in this Agreement.
(4) The Executive Committee will insure that the operation of the facility meets all requirements
of state and federal laws and regulations pertaining to such facilities; insure that all operations and
staffing of the facility meet the requirements of any state or federally-issued permit; insure that the use,
care, and maintenance of the equipment in the facility meet the manufacturer’s recommendations; insure
that the building and grounds are properly maintained and that repairs, when needed, are promptly done;
and generally give direction to the shelter manager with respect to the above.
(5) The chair of the Executive Committee shall alternate between the Roanoke City Manager,
Vinton Town Manager, Roanoke County Administrator and Botetourt County Administrator. The
Roanoke County Administrator shall be the chairman for the first two years, followed by the Roanoke
City Manager for two years, the Vinton Town Manager, for two years and the Botetourt County
Administrator for two years, with the rotation continuing in similar fashion for the life of this Agreement.
(6) The meetings of the Executive Committee shall be conducted pursuant to the parliamentary
procedures as set forth in “Roberts Rules of Order.”
(7) The Executive Director shall make available to the Executive Committee or any of its sub-
committees all records, work sheets, financial records, and documents or instruments of any nature,
regarding and pertaining to the operation, maintenance or fiscal affairs of the Regional Pound, and the
shelter manager shall follow and adhere to decisions made by the Executive Committee.
(8) An Operating Committee is hereby established as a sub-committee to the Executive
Committee. The Operating Committee shall consist of the chief animal control officer from each of the
Participating Localities. The Operating Committee shall prepare and recommend operational guidelines
of the Regional Pound for consideration by the Executive Board. The Operating Committee will also
meet with the Executive Director at least once a month for the remainder of the fiscal year and for the first
full fiscal year. The Operating Committee will report to the Executive Committee the status of the
operations of the Regional Pound at each meeting of the Executive Committee.
Sec. 4-4. Dispute Resolution. Any dispute, disagreement, or controversy arising among the
parties hereto as to the operation of the Regional Pound, if not resolved by the parties within thirty (30)
days of the date of such dispute, disagreement or controversy arose, may be resolved through non-binding
mediation.
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ARTICLE V. WITHDRAWAL OF A PARTY AND/OR
TERMINATION OF AGREEMENT.
Sec. 5-1. Withdrawal. Any participating locality under this Agreement may withdraw and
terminate such locality’s participation in the Roanoke Valley Regional Pound Agreement only as set forth
herein by:
(1) Such party’s governing body must take appropriate action by ordinance or resolution
authorizing such withdrawal and termination; and
(2) The party seeking to withdraw from such party’s participation shall deliver in person or by
U.S. certified mail return receipt requested a formal written notice to the Chief Executive Officer of the
other localities to this Agreement on or before June 30 of the then current fiscal year, but which notice
shall not be effective until midnight on June 30 of the following fiscal year. The purpose of this notice
requirement is to give the nonwithdrawing party or parties at least twelve (12) months notice of the
withdrawing locality’s decision to no longer participate in the Executive Committee and Agreement.
Sec. 5-2. Responsibility of Compliance. Any locality to this Agreement who gives a notice of
withdrawal shall be responsible for complying with such Agreement until the effective date of the
withdrawal notice as referred to in Section 5-1 above.
Sec. 5-3. Withdrawing Locality’s Interest in Assets. Any locality withdrawing from the
Executive Committee and terminating such locality’s participation in the Agreement shall not be entitled
to and shall not receive any financial or other compensation, adjustment, or credit of any type for the
value of equipment, assets, grant or other funds, real, personal, tangible or intangible property, accounts
receivable, or any other items the Executive Committee may own or control or that may be used or held
for the benefit of the Regional Pound or the Executive Committee. Further, any locality withdrawing
from the Executive Committee shall also relinquish any and all interest in the property it has under Article
I of this Agreement.
Sec. 5-4. Future Operation of Regional Pound. Upon a participating locality’s notification of
withdrawal to the other localities, the nonwithdrawing localities, in their sole discretion, may continue the
operations of the Regional Pound under the Agreement with such modifications as they deemed
appropriate or under a new agreement that such nonwithdrawing localities deem appropriate. However,
such modifications or new agreement shall not alter the financial obligations of the withdrawing locality.
The withdrawing locality shall have no vote or right to object to the actions of the nonwithdrawing
localities regarding the matters referred to in the prior sentence. The withdrawing locality shall also have
no further right to use or receive the benefits of the Regional Pound operations after the effective date of
withdrawal.
Sec. 5-5. Cooperation upon Withdrawal. The withdrawing locality shall cooperate with the
nonwithdrawing localities in order to provide for a smooth transition of operations and control to such
nonwithdrawing localities, including, but not limited to, executing any documents and/or providing any
information the nonwithdrawing localities may reasonably request.
Sec. 5-6. Rights of the Surviving Localities. If at any time the surviving localities decide to no
longer operate the Regional Pound, such localities may do so only upon such terms and conditions as
such localities deem appropriate in accordance with the direction of the governing body of each surviving
locality.
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Sec. 5-7. Right to Rescind Notice of Withdrawal. Any withdrawing locality may rescind such
locality’s notice to withdraw only during the first 60 days after the date such notice was given. After such
60 day time period, the withdrawing locality may only request that such withdrawal notice be rescinded,
but any such rescission request shall require the written consent of all of the nonwithdrawing localities.
Sec. 5.8. Withdrawing Localities responsibility for Debt Service. The withdrawing locality shall
continue to be responsible for its share of any debt for capital improvements made to the Regional Pound
and any allocation of debt service payments based upon the percentage cost sharing in Article II for one
year following its withdrawal from this Agreement.
ARTICLE VI. MISCELLANEOUS
Sec. 7-1. Effective Date. The effective date of this agreement shall be April 1, 2013, provided
that any zoning, use, or other permits required to be obtained from any jurisdiction of government must
be approved and in place before the effective date shall be deemed to have occurred.
Sec. 7-2. Notices. Notices hereunder shall be sent by certified mail to the respective parties to
the following officers or their successors:
___________________, County Administrator
COUNTY OF ROANOKE, VIRGINIA
_____________
Roanoke, VA 24_____
Copy to: Paul Mahoney, County Attorney
COUNTY OF ROANOKE, VIRGINIA
_____________
Roanoke, VA 24_____
Christopher P. Morrill, City Manager
CITY OF ROANOKE, VIRGINIA
P.O. Box 58
Roanoke, VA 24402
Copy to: Daniel J. Callaghan, City Attorney
CITY OF ROANOKE, VIRGINIA
P.O. Box 58
Roanoke, VA 24402
________________, Town Manager
TOWN OF VINTON, VIRGINIA
____________
Vinton, VA 24____
Copy to: Elizabeth Dillon, Town Attorney
TOWN OF VINTON, VIRGINIA
____________
Vinton, VA 24____
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___________________, County Administrator
COUNTY OF BOTETOURT, VIRGINIA
_____________________
_______________, VA 24_____
Copy to: Elizabeth Dillon, County Attorney
COUNTY OF BOTETOURT, VIRGINIA
_____________________
_______________, VA 24_____
Sec. 7-3. Captions and Headings. The section captions and headings are for convenience and
reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.
Sec. 7-4. Counterpart Copies. This Agreement may be executed in any number of counterpart
copies, each of which shall be deemed an original, but all of which together shall constitute a single
instrument.
Sec. 7-5. Severability. The invalidity, illegality or unenforceability of any provision of this
Agreement as determined by a court of competent jurisdiction shall in no way affect the validity, legality
or enforceability of any other provision hereof.
Sec. 7-6. Waiver. No failure of any party to insist on strict observance of any provision of this
Agreement, and no custom or practice of the parties at variance with the terms hereof, shall be deemed a
waiver of any provision of this Agreement in any instance.
Sec. 7-7. Governing Law. This Agreement shall be governed by and construed in accordance
with the laws of the Commonwealth of Virginia.
Sec. 7-8. Entire Agreement. This Agreement and the attachments hereto constitute the full
agreement among the parties. This agreement may only be amended by written amendment adopted by
each of the participating governing bodies.
(Signature Page to Follow.)
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IN WITNESS WHEREOF, the parties hereto have set their signatures and seals this the day and
year first above written.
CITY OF ROANOKE, VIRGINIA
By:___________________________(SEAL)
Mayor
____________________________________
Clerk
TOWN OF VINTON, VIRGINIA
By:___________________________(SEAL)
Mayor
Attest:
____________________________________
Clerk
COUNTY OF ROANOKE, VIRGINIA
By:___________________________(SEAL)
Chairman of the Board of Supervisors
Attest:
____________________________________
Clerk
COUNTY OF BOTETOURT, VIRGINIA
By:___________________________(SEAL)
Chairman of the Board of Supervisors
____________________________________
Clerk
STATE OF VIRGINIA, AT LARGE
CITY OF ROANOKE, to-wit:
The foregoing instrument was acknowledged before me this ___ day of ____________, 2012, by
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_____________________________, Mayor of the City of Roanoke, Virginia, and likewise attested by
___________________, Clerk of the Council of said City, on behalf of the City of Roanoke.
My commission expires:__________________________
_______________________________________
Notary Public
STATE OF VIRGINIA, AT LARGE
COUNTY OF ROANOKE, to-wit:
The foregoing instrument was acknowledged before me this ___ day of ____________, 2012, by
_____________________________, Mayor of the Town of Vinton, Virginia, and likewise attested by
___________________, Clerk of the Council of said Town, on behalf of the Town of Vinton.
My commission expires:__________________________
_______________________________________
Notary Public
STATE OF VIRGINIA, AT LARGE
COUNTY OF ROANOKE, to-wit:
The foregoing instrument was acknowledged before me this ___ day of ____________, 2012, by
_____________________________, Chairman of the Board of Supervisors for the County of Roanoke,
Virginia, and likewise attested by __________________, Clerk of the Board of Supervisors for said
County, on behalf of Roanoke County.
My commission expires:__________________________
_______________________________________
Notary Public
STATE OF VIRGINIA, AT LARGE
COUNTY OF BOTETOURT, to-wit:
The foregoing instrument was acknowledged before me this ___ day of ____________, 2012, by
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_____________________________, Chairman of the Board of Supervisors for the County of Botetourt,
Virginia, and likewise attested by ____________________, Clerk of the Board of Supervisors for said
County, on behalf of Botetourt County.
My commission expires:__________________________
_______________________________________
Notary Public
Meeting Date
December 18, 2012
Department
Council
Issue
1. Request to Convene in Closed Meeting, Pursuant to § 2.2-3711 (A) of the 1950 Code of
Virginia, as amended, for the following:
a. Discussion regarding appointments to boards and commissions as authorized by
subsection 1.
Summary
Council will discuss reappointments as follows:
Dawn Michelsen to the Planning Commission for a new four-year term expiring on
December 31, 2016
Donald R. Altice to the Board of Zoning Appeals for a new five-year term expiring on
January 16, 2018
Attachments
None
Recommendations
Reconvene and adopt Certification of Closed Meeting
Town Council
Agenda Summary
Meeting Date
December 18, 2012
Department
Council
Issue
1. Request to Convene in Closed Meeting, Pursuant to § 2.2-3711 (A) of the 1950 Code of
Virginia, as amended, for the following:
b. Discussion with legal counsel regarding a prayer policy as authorized by
subsection 7.
Summary
Council will discuss with legal counsel regarding a prayer policy
Attachments
Certification of Closed Meeting
Recommendations
Reconvene and adopt Certification of Closed Meeting
Town Council
Agenda Summary
AT A CLOSED MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY,
DECEMBER 18, 2012, AT 6:30 P.M. IN THE COUNCIL CHAMBERS OF THE VINTON
MUNICIPAL BUILIDNG, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA.
CERTIFICATION THAT A CLOSED MEETING WAS HELD
IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Town Council of the Town of Vinton, Virginia has convened a closed meeting
on this date, pursuant to an affirmative recorded vote and in accordance with the
provisions of the Virginia Freedom of Information Act; and,
WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the Vinton
Town Council that such closed meeting was conducted in conformity with
Virginia Law.
NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council hereby certifies that
to the best of each member's knowledge:
1. Only public business matters lawfully exempted from opening meeting
requirements by Virginia law were discussed in the closed meeting to
which this certification applies; and
2. Only such public business matters as were identified in the motion
convening the closed meeting were heard, discussed or considered by the
Town Council.
Motion made by Council Member ________________, and seconded by Council Member
____________, with all in favor.
___________________________________
Clerk of Council
Meeting Date
December 18, 2012
Department
Town Clerk
Issue
1. Consider approval of minutes for the Council Regular Meeting of November 20, 2012.
2. Consider approval of minutes for the Council Regular Meeting of December 4, 2012.
Summary
None
Attachments
November 20, 2012 minutes
December 4, 2012 minutes
Recommendations
Motion to approve minutes
Town Council
Agenda Summary
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MINUTES OF A REGULAR MEETING OF VINTON TOWN COUNCIL HELD AT 6:00 P.M.
ON TUESDAY, NOVEMBER 20, 2012, IN THE COUNCIL CHAMBERS OF THE VINTON
MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA.
MEMBERS PRESENT: Bradley E. Grose, Mayor
William W. Nance, Vice Mayor
I. Douglas Adams, Jr.
Robert R. Altice
MEMBER ABSENT: Matthew S. Hare
STAFF PRESENT: Christopher S. Lawrence, Town Manager
Susan N. Johnson, Town Clerk
Elizabeth Dillon, Town Attorney
Stephanie Dearing, Human Resources Director
Ryan Spitzer, Assistant to the Town Manager
Ben Cook, Police Chief
Anita McMillan, Planning & Zoning Director
Gary Woodson, Public Works Director
Joey Hiner, Assistant Public Works Director
The Mayor called the work session to order at 6:00 p.m.
The work session was for the purpose of reviewing the
zoning history of M-1 (Limited Industrial) Zoning District in
the vicinity of 2nd Street. The Town Manager began by
stating that Mr. Roger Overstreet had attended the prior
Council meeting and had requested that several questions
be answered regarding this issue. As suggested by Vice
Mayor Nance, Mr. Overstreet sent to staff a list of nine
questions which have been answered and furnished to
Council and Mr. Overstreet.
The Town Manager began to review the written comments
to the questions from Mr. Overstreet in some detail. He
began by showing three maps showing the primary area in
question and commented on the definition of
grandfathered. Some of the properties in this area are
legally non-conforming and some have issues. Most code
requirements are site specific. Vice Mayor Nance asked if
one of the driving forces in this area being discussed is the
complaints being received. The Town Manager responded
that all the issues that staff has worked on with Mr.
Overstreet and other property owners is all complaint
based or when a new business is interested in establishing
in this area.
The Town Manager continued reviewing the questions
raised by Mr. Overstreet. He commented that staff is in this
area a lot because of the volume of complaints and that the
property owners are complaining against each other.
There is nothing purposeful or no malicious intent toward
any individual or business. Staff does not feel like they are
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victimizing anybody. He stated that when they do receive a
complaint it is documented and some are justified,
legitimate complaints and they are pursued. Mr. Overstreet
is very prompt in responding to any issues relating to his
business.
The Town Manager continued with the review of questions
and commented on 725 East South Pollard. The use of the
property changed from a tree service to an auto repair
shop; however, the business was not told up front that it
would have to be paved. We felt it was not appropriate to
go back on that business. There was a conversation that
the next time the use changes, it needs to be paved and
we have to use logic and fairness and at the same time
enforce the code. The interpretation and strict enforcement
of the code does require it, but we have not required it. It
is always a balance, either we are not strict enough or we
are too strict.
Mr. Adams asked if when the last business moved onto the
property that needs to be paved and they applied for a
business license, were they were told at that time what had
to happen before they were issued the license. If they did
not comply with the code requirements, then the Code
Enforcement Officer should come back and require them to
meet the code. The Town Manager agreed and
commented that we need to be consistent about making
them meet the requirements before issuing the license.
Anita McMillan commented on 725 East South Pollard and
the question about paving the lot. Mr. Overstreet was told
that he had to pave the lot because he asked about
opening a used-car lot and that was a change of use. For
any new or used car lot business, the area would have to
be paved.
In summary, the Town Manager indicated he would answer
any questions by Council, but staff is trying to work with Mr.
Overstreet and other property owners to be fair but at the
same time follow the code requirements. The Mayor
commented that we do want our businesses to prosper, but
at the same time the enforcement of our Town code is
important. He feels that the Town tries to work with
everyone and enforce the code equally and fairly, but it is
not easy.
The Mayor called the regular meeting to order at 7:10
p.m. The Town Clerk called the roll with Council Member
Adams, Council Member Altice, Vice Mayor Nance, and
Mayor Grose present. Council Member Hare was absent.
After a Moment of Silence, Mr. Adams led the Pledge of
Allegiance to the U.S. Flag.
Roll Call
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Mr. Adams made a motion to approve the consent
agenda as presented; the motion was seconded by Mr.
Altice and carried by the following vote, with all members
voting: Vote 4-0; Yeas (4) – Adams, Altice, Nance, Grose;
Nays (0) – None; Absent (1) - Hare.
Approved minutes of Council
Regular Meeting of November 6,
2012
Vice Mayor Nance read a letter from Chief Cook
naming Sergeant Paul Harris and Officer Stephen Foutz
as Officers of the month for October.
Susan Johnson, Town Clerk, briefed Council on the
process of obtaining her Certified Municipal Clerk
certification. She made comments regarding the history
of the Municipal Clerk, the requirements for the
certification and her recent attendance at the CMC
Institute in Virginia Beach. Ms. Johnson thanked Council
for providing the funding for her to attend the Institute.
The next item on the agenda was a Resolution
transferring funds within the General Fund in the amount
of $16,176 to pay Southern Air, Inc. for a new HVAC Unit
for the Public Works facility. After brief comments by the
Town Manager, Mr. Altice made a motion to approve the
Resolution as presented; the motion was seconded by Vice
Mayor Nance and carried by the following roll call vote, with
all members voting: Vote 4-0; Yeas (4) – Adams, Altice,
Nance, Grose; Nays (0) – None; Absent (1) - Hare.
Adopted Resolution No. 1994
transferring funds within the
General Fund in the amount of
$16,176 to pay Southern Air, Inc.
for a new HVAC Unit for the Public
Works facility
The next item on the agenda was a Resolution
appropriating the funds to the Repairs Glade Tinker Creek
Sewer Expenditure Account to properly record the
expenditures and the appropriate revenue account for the
June 30, 2013 Budget. The Town Manager commented
that as an accounting function, we need to put the balance
of the 2007 E Revenue Bonds in the amount of
$330,078.48 and the new VML/VACo loan funds of
$493,750.00 into one account for this project. Vice Mayor
Nance made a motion to approve the Resolution as
presented; the motion was seconded by Mr. Adams and
carried by the following roll call vote, with all members
voting: Vote 4-0; Yeas (4) – Adams, Altice, Nance, Grose;
Nays (0) – None; Absent (1) - Hare.
Adopted Resolution No. 1995
appropriating the funds to the
Repairs Glade Tinker Creek Sewer
Expenditure Account to properly
record the expenditures and the
appropriate revenue account for
the June 30, 2013 Budget
The Town Manager commented that our Public Works
Department has received notification that we had the
highest recycling rate in the Commonwealth at 66.7%,
which indicates that 66.7% of all the waste stream in our
locality was sent to be recycled rather than to the landfill.
He indicated that the recent recycling promotion with
Coke had an impact on our program. Also, he expressed
thanks to Brenda McGuire who continues to reach out to
our business community to get them to participate in
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various forms of recycling and to Bo Cherry and Eddie
Cooper, our recycling crew.
The Mayor expressed his congratulations to the
Public Works Department and commented on the Police
Banquet and the State of the Town event. He then
presented Council a No. 1 foam finger that was presented
to him at the pool appreciation party indicating the
volunteers felt that Council was No. 1 and they appreciate
the opportunity to work together on this community
project.
Comments from Council: Vice Mayor Nance indicated
perhaps we could do a personal letter to the Public Works
employees who are involved in the recycling program;
thanked staff for the presentation during the work session
and mentioned the Police Banquet. Mr. Altice said we
should recognize the employees for their recycling efforts.
Mr. Adams also commented on the Police Banquet.
Vice Mayor Nance moved that the regular meeting be
adjourned, the motion was seconded by Mr. Adams and
carried by the following vote, with all members voting: Vote
4-0; Yeas (4) - Adams, Altice, Nance, Grose; Nays (0) –
None; Absent (1) - Hare. The regular meeting was
adjourned at 7:40 p.m.
APPROVED:
________________________________
Bradley E. Grose, Mayor
ATTEST:
___________________________________
Susan N. Johnson, Town Clerk
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MINUTES OF A REGULAR MEETING OF VINTON TOWN COUNCIL HELD AT 7:00 P.M.
ON TUESDAY, DECEMBER 4, 2012, IN THE COUNCIL CHAMBERS OF THE VINTON
MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA.
MEMBERS PRESENT: Bradley E. Grose, Mayor
William W. Nance, Vice Mayor
I. Douglas Adams, Jr.
Robert R. Altice
Matthew S. Hare
STAFF PRESENT: Christopher S. Lawrence, Town Manager
Susan N. Johnson, Town Clerk
Barry Thompson, Finance Director/Treasurer
Ryan Spitzer, Assistant to the Town Manager
Gary Woodson, Public Works Director
Joey Hiner, Assistant Public Works Director
The Mayor called the regular meeting to order at 7:00
p.m. The Town Clerk called the roll with Council Member
Adams, Council Member Altice, Council Member Hare and
Mayor Grose present. After a Moment of Silence, Mr.
Hare led the Pledge of Allegiance to the U.S. Flag.
Roll Call
Debbie Pitts, Executive Director, Virginia Recreation
Facilities Authority, gave a brief presentation concerning
the Authority’s legislative agenda. The VRFA is exploring
the possibility of legislation to change the status of Explore
Park from a non-state agency to an agency under the
management and control of the VRFA and to request
funding in the amount of $300,000. There will probably not
be funding available for non-state agencies again next year
and they would like a clarification of their status which could
make a difference in their funding request. The Town
Manager commented that we do not have our own
legislative package, but will include it in any joint packages
with do with other partner agencies.
The next item on the agenda was citizens’ comments
and petitions. Carolyn Fidler commented that she is also
a member of the Virginia Recreation Facilities Authority
and encouraged Council to support the legislative
agenda.
Vice Mayor Nance arrived at the meeting at 7:10 p.m.
The next item on the agenda was the presentation of
the June 30, 2012 Comprehensive Annual Financial Report
by Brown Edwards & Company, LLP and consider adoption
of a Resolution approving and accepting said Report.
Barry Thompson, Finance Director/Treasurer, made brief
comments before introducing John Aldridge of Brown
Edwards.
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Mr. Aldridge made brief comments on the report, referring
specifically to page 1 which issued a clean opinion on the
financial report, and page 3 which is the Management’s
Discussion and Analysis. He also commented on other
significant parts of the audit report and the Mayor asked
how we were able to have $200,000 more in the utility fund
this year. The response was that we had a full-year impact
on the rate increase that was put in place in April of 2011.
Mr. Aldridge then commented on the Financial Analysis
Report as well as the Report on Comments and
Suggestions and Required Communications. After
comments by Council, Vice Mayor Nance made a motion to
adopt the Resolution as presented; the motion was
seconded by Mr. Altice and carried by the following roll call
vote, with all members voting: Vote 5-0; Yeas (5) – Adams,
Altice, Hare, Nance, Grose; Nays (0) – None.
Adopted Resolution No. 1996
accepting the June 30, 2012
Comprehensive Annual Financial
Report
The Town Manager commented that Lijah Robinson
played a significant part in completing the audit. Mr.
Thompson indicated that he took over most of the duties,
prepared all the working papers, the transmittals to the
APA, worked with the auditor and reduced the Town’s cost
by seven percent.
The next item on the agenda was to consider
approving Monday, December 31, 2012, as an employee
holiday. The Town Manager made brief comments
concerning the request of the extra holiday and referred to
other localities that have already granted this extra day.
He indicated that they would discuss with the refuse crew
about either collecting on Monday and receiving holiday
pay or rescheduling the collection for Wednesday.
Vice Mayor Nance made comments about the refuse
collection being delayed and making reasonable efforts to
advise the citizens. A decision will be made tomorrow and
the Town Manager will advise Council. Mr. Hare made a
motion to approve the extra holiday; the motion was
seconded by Mr. Adams and carried by the following vote,
with all members voting: Vote 5-0; Yeas (5) – Adams,
Altice, Hare, Nance, Grose; Nays (0) – None.
Approved Monday, December 31,
2012, as an employee holiday
The Town Manager advised Council that a Regional
Pound Agreement will be placed on Council’s December
18, 2012 agenda for consideration. The other three
localities will be considering the same Agreement at their
upcoming meetings. He also reminded Council of the
Employee Christmas luncheon on December 11th at
11:30 am at the War Memorial.
The Mayor reminded everyone of the Christmas
Parade at 7:00 p.m. on December 6th and the Chamber
Open House on December 11th.
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The Mayor then advised Council that Roanoke County
has indicated they would match a $5,000 donation from
the Town toward the principal that is still owed on the
Veteran’s Monument. Along with some other monies
that the Committee has, this would bring the balance
down to around $4,000 and the goal is to try and pay the
note off before it becomes due in February. This money
would go toward the principal and not be set aside for
maintenance as had been discussed earlier. The
Committee has also released another 140 bricks to try
and raise funds for future maintenance. The Mayor
would like this item placed on the next agenda to
consider making the $5,000 donation toward the principal
balance owed on the Monument.
Mr. Hare commented that the Finance Committee met
and reviewed the audit report and then met with Kevin
Kipp, the War Memorial Manager. Mr. Kipp briefed the
Committee on his marketing plan and his strategy and
has an understanding of Council’s concerns. He has set
a timetable to report back with more detailed reports.
Vice Mayor Nance indicated that this first meeting was
more philosophical in nature than number crunching and
Mr. Kipp adds a new dimension to this position. He will
be meeting with the Finance Committee each month. Mr.
Hare then indicated that the Committee will review the
October and November financial reports next month.
Mr. Hare then commented regarding the SPCA and
the Shelter. He supports proper treatment of animals,
that procedures are in place and animals are finding
homes, receiving the care they need and when they are
lost are being returned to the owners. However, he has
concerns about the speed of which the current process is
happening with no public discourse. Because we are
using public funds and it is a public service, we do not
need to rush it. There are citizens with legitimate
concerns and if we rush this process, they may find that
they do not get what they need or want. He would hope
that the local governments involved would step up and
realize that we need to think about this before we rush it.
We need to have a public hearing or a work session on
the matter before we take action. The Town Manager
commented that we do have a lot of professionals
involved in this process working toward the same
common goal and it is complicated when you have to pull
four localities together. However, he feels Mr. Hare’s
comments are well said.
The Town Manager reminded Council that the two
financial reports will be on the second meeting in
January. Also, Mr. Kipp will make a presentation on the
War Memorial during a work session at the December
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18th Council meeting. The Mayor indicated that he has
been anxious for something to happen at the SPCA and
he has confidence that the managers will come up with
workable solutions and that the legal part will be fair and
equitable. He feels that one of the major issues is more
neutering and spaying.
Vice Mayor Nance moved that the meeting be
adjourned, the motion was seconded by Mr. Hare and
carried by the following vote, with all members voting: Vote
5-0; Yeas (5) – Adams, Altice, Hare, Nance, Grose; Nays
(0) – None. The regular meeting was adjourned at 8:06
p.m.
The Work Session began at 8:23 p.m. The Town
Manager commented that the purpose of the work
session is to further review the Cost of Service
Study/Water and Wastewater Rates that was prepared
during Mike Kennedy’s tenure. He then introduced
Courtney Rogers with Davenport & Company who has
evaluated the study and will make a presentation based
on his evaluation. He would like to get some feedback
from Council as to what direction they would like to go
and he will make a final report back after the first of the
year. The Town needs a capital improvement fund for
the future and this represents a model to create that CIP
fund over a five year period.
Mr. Rogers introduced himself and then began reviewing
the power point presentation that was furnished to
Council with the agenda package. He began by stating
the purpose of the study is to create revenue increases in
the water and sewer enterprise fund necessary to provide
for growing expenditures and capital spending of $17
million through FY2017. He commented on the Town’s
last rate increase in March of 2011 and the current utility
fund balance of just over $100,000. The objective is to
make the enterprise fund self-supporting so that everyone
using it pays for it.
Mr. Rogers continued by reviewing guidelines to set up a
rate structure which include having at least 90 days of
operating expenditures in the fund with a long term goal
of 180 days; targeting net revenues after operational
expenditures to be at least 1.30x debt service
requirements; and working to fund all capital projects of
$100,000 or less with enterprise fund equity. A history of
rate increases, revenues and expenditures and fund
balance was also reviewed. Mr. Rogers commented
that spreading the increases out over a period of several
years is easier for the citizens to handle rather than a
large increase in one year. Regarding the existing debt
service structure, it shows the Town has $6.4 million of
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self-supporting utility debt outstanding. It is projected to
be essentially flat from 2015 to 2024 with all debt being
paid off in 15 years.
The key assumptions of the model is consistent average
consumption patterns; total operational expenditures will
grow approximately 3.6% over a five year period and the
CIP totals $17 million to FY2017 funded with 89% bonds,
8% from WVWA and 3% equity.
Three scenarios were then offered and explained.
Scenario 1 would be revenue growth to fund operations
only, no reserve build up/no CIP. For this scenario it
would take about a 1% increase each year just to cover
operations. Scenario 2 would fund operations and
reserve build up, but no CIP. In order to fund some
capital in this scenario, it would take about 8% in FY2014,
a smaller increase in FY2015 and then increases again
each year through FY2018. The 8% increase in FY2014
would allow the opportunity to begin to build up the fund
balance. Scenario 3 would fund operations, a reserve
build up and fund CIP.
A comparison was provided showing the Town’s water
and sewer bills against other Virginia utilities. The
median bill is $66 per month based on usage of 5,000
gallons per month out of 153 utilities surveyed.
Mr. Rogers indicated that Davenport will continue to
review assumptions for the model and he would like to
get some feedback as to structure. Some considerations
are how much do you do fixed and how much volumetric.
Do you do flat volumetric with one rate per 1,000 gallons
or do you do a block or tier? If you do a tier, do you do
an inclining tier or keep the declining tier that the Town
currently has? Then he will meet again with Council in
the first quarter of 2013 to review a more detailed rate
analysis, assist with the Public Hearing notices and
adoption of a new rate structure.
A water and wastewater rate comparison was shown
which compared the Town’s rates with our region and
also with the State peer group (3,000 to 10,000
residential users). Mr. Hare commented about comparing
our rates to the Western Virginia Water Authority. We
cannot compete with them because they have 52,000
users and it is more accurate to compare with localities
our size.
Comments were made about the bi-monthly billing and
how a rate increase does not appear as shocking as it
would with monthly billing. However, any consideration to
change to monthly would have to take into account an
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added fixed cost. The benefits would have to be
measured against the costs.
The Mayor indicated that he thought the concept of
paying less when you use more is outdated and it needs
to be addressed. Mr. Rogers commented that it depends
on where you draw your line if you continue with the three
tier rate structure. The Mayor also commented that
historically the Town has not increased rates every year,
but it does make sense. Mr. Altice commented that he
thought the water system was in pretty good shape based
on what we are paying. He also commented it is fairer
now because the costs of repairs are being charged to
the water fund and not the general fund. I think the
water rates are going to have to go up.
Vice Mayor Nance commented that we have a
responsibility to have the ability to invest in the system
rather than passing that burden along to future
generations. We need to take care of what we own right
now so we can pass a vibrant and vital working system
onto our children. Unfortunately that means investment
and having the money to have those investments. Also,
from a business standpoint, you have to have the water
to give to those businesses. Mr. Adams commented on
the CIP that lists a lot of areas that are a concern to
citizens that have to be addressed. If we do not have the
money to address these areas, then we are hurting those
citizens.
Vice Mayor Nance commented that maybe we should
simplify the tiers and pull them closer together rather than
abandon the current system. The Town Manager said we
can still have a water tier structure, but you move the line.
Mr. Rogers said you can change the first tier and maybe
cut it in half and change the numbers slightly and have a
second tier that is more reasonable. Mr. Thompson
suggested eliminating the last two tiers.
Vice Mayor Nance asked what is the philosophy for the
higher rate for the larger meter and the response was that
it takes more infrastructure to provide the amount of
water than flows through there. Mr. Thompson indicated
that we have one group of customers that we need to
address with the new rate structure who are not paying
the full fixed charge. They are only paying a $2.00 rate
fee and it relates to our resale of water. There are 21
customers that fall into this category.
Mr. Hare likes the idea of a fixed fee somewhere in the
rate structure. There are some costs like debt that have
to be paid regardless of how much water you use or do
not use. We can cut costs, but the bill from the WVWA
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has to be paid regardless. The rate payers are obligated
to that debt. Mr. Adams commented that AEP and
Roanoke Gas have fixed charges.
The work session was adjourned at 9:45 p.m.
APPROVED:
________________________________
Bradley E. Grose, Mayor
ATTEST:
___________________________________
Susan N. Johnson, Town Clerk
Meeting Date
December 18, 2012
Department
Police
Issue
Officer of the Month for November, 2012 – Officer Gregory Quesinberry
Summary
Officer Gregory Quesinberry was selected as Officer of the Month for November. He will be
recognized at the meeting.
Attachments
Memo from Chief Cook
Recommendations
Read Memo
Town Council
Agenda Summary
Meeting Date
December 18, 2012
Department
Police
Issue
Recognition of the Roanoke County Emergency Communications Center for receiving re-
accreditation through the Commission on Accreditation for Law Enforcement Agencies, Inc.
(CALEA)
Summary
In November, the Emergency Communications Center that serves the Town of Vinton and
Roanoke County received national re-accreditation through the Commission on Accreditation for
Law Enforcement Agencies (CALEA). This is the second time that the communications center
has met the national accreditation standards, and the accreditation is good for three years. The
Roanoke County Police Department was also re-accredited for their seventh accreditation period.
The accreditation of our communications center provides the community the confidence that the
public safety agencies serving them have met a nationally established set of professional
standards. I feel that the citizens of the Town of Vinton as well as our first responders are
getting the best possible service from the Vinton/Roanoke County Emergency Communications
Center and want to congratulate them for their re-accreditation.
Attachments
None
Recommendations
No action required
Town Council
Agenda Summary
Meeting Date
December 18, 2012
Department
Town Manager
Issue
Consider adoption of an Ordinance authorizing the Mayor and/or Town Manager to execute a
Regional Pound Agreement between the City of Roanoke, Town of Vinton, County of Roanoke
and County of Botetourt.
Summary
Council was briefing on this matter at the work session prior to the meeting. Council approval is
needed to authorize the Mayor and/or Town Manager to execute this Agreement.
Attachments
Ordinance
Recommendations
Motion to adopt Ordinance
Town Council
Agenda Summary
ORDINANCE NO.
AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL, HELD ON TUESDAY,
DECEMBER 18, 2012, AT 6:30 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON
MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA.
AN ORDINANCE, authorizing the Mayor and/or Town Manager to execute the Roanoke Valley
Regional Pound Agreement (“Agreement”), between the Town of Vinton, the County of Botetourt, the
County of Roanoke, the City of Roanoke, to operate a regional animal shelter to serve the four (4)
jurisdictions; authorizing the Mayor and/or Town Manager to execute any and all documents necessary to
establish a regional animal shelter consistent with the terms and conditions of the Agreement.
WHEREAS, § 15.2-1300 of the Code of Virginia (1950) as amended, provides for the joint
exercise of powers by political subdivisions; and
WHEREAS, the Town of Vinton, the Counties of Botetourt and Roanoke, and the City of
Roanoke (collectively “Localities”) desire to exercise such joint powers with respect to the operation of a
regional animal shelter to serve the four jurisdictions; and
WHEREAS, an agreement to operate the shelter has been negotiated among the Localities;
NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Vinton that:
1. The Mayor and/or Town Manager is authorized to execute the Roanoke Valley Regional
Pound Agreement, between the Town of Vinton, County of Botetourt, County of Roanoke, and the City
of Roanoke, to operate a regional animal shelter among all four (4) jurisdictions to be located on a portion
of Roanoke Tax Map No. 3210401, known as 1340 Baldwin Avenue, Roanoke, Virginia, for a term
commencing April 1, 2013, and ending June 30, 2023, and renewable each ten (10) year anniversary date
on July 1 for an additional ten (10) year term, substantially in the form attached hereto as Exhibit A.
2. The Mayor and/or Town Manager is hereby authorized to execute any and all requisite
documents pertaining to the creation of the regional animal shelter consistent with this Agreement, and all
such documents shall be approved as to form by the Town Attorney.
APPROVED:
__________________________________
Bradley E. Grose, Mayor
ATTEST:
____________________________________
Susan N. Johnson, Town Clerk
Meeting Date
December 18, 2012
Department
Planning and Zoning
Issue
Consider adoption of a Resolution approving the expansion of the Downtown Façade Matching
Grant Program target area
Summary
On October 2, 2012, Town Council work session, the possibility of extending the program area of
the Downtown Façade Matching Grant Program was discussed. The existing program is offered for
buildings located within the area bordered by Washington Avenue, Maple Street, East and West
Jackson Avenue, and Walnut Avenue. It is proposed that the downtown façade grant program area
be expanded to cover not only the blocks identified under the CDBG Downtown Revitalization
Project, but to extend to the areas that serve as gateways to Downtown Vinton.
The Downtown Façade Matching Grant Program was envisioned from recommendations made
during the Comprehensive Planning process. The intent of the program is to promote façade
improvements and landscaping in a targeted area of the Town. The process started with a briefing of
Town Council about the program during its work session on July 20, 2004, and the Façade Grant
Program Advisory Committee kick-off meeting on September 20, 2004. The existing grant
boundary area and design guidelines (1940’s theme) were established through a series of meetings
and a guided walking tour in the fall of 2004 with an advisory committee. To date, fourteen
property/business owners have participated within the existing project boundary in the façade grant
project, which has been funded by the Town and Roanoke County. Since then, several property
and/or business owners outside the boundary area have expressed a strong interest in participating
in the façade program. Additionally, under the CDBG Downtown Revitalization Project, areas to be
eligible for façade improvement have also been identified.
Attachments
Map of the current Downtown Façade Matching Grant Program target area and the proposed
expanded target area
Resolution
Recommendations
Motion to adopt Resolution
Town Council
Agenda Summary
RESOLUTION NO.
AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON
TUESDAY, DECEMBER 18, 2012, AT 6:30 P.M., IN THE COUNCIL CHAMBERS OF
THE VINTON MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD
STREET, VINTON, VIRGINIA
WHEREAS, the Vinton Town Council authorized and established the Downtown Façade
Matching Grant Program since November 2004 within specific target area; and
WHEREAS, the funding for the Downtown Façade Matching Grant Program has been
established by the Vinton Town Council and supported Roanoke County Board of
Supervisors; and
WHEREAS, since the inception of the façade grant program, several property and/or business
owners outside the existing target area have expressed interest in participating in
the façade matching grant program; and
WHEREAS, on October 2, 2012, Vinton Town Council held a work session to discuss the
proposed expansion of the target area of the Downtown Façade Matching Grant
Program.
NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby
authorize approval of the proposed expansion of the target area of the Downtown Façade
Matching Grant Program.
This Resolution adopted on motion made by Council Member _____________ and seconded by
Council Member ________________, with the following votes recorded:
AYES:
NAYS:
APPROVED:
___________________________________
Bradley E. Grose, Mayor
ATTEST:
_____________________________
Susan N. Johnson, Town Clerk
Meeting Date
December 18, 2012
Department
Town Manager
Issue
Consider adoption of four Resolutions required by the Downtown and Economic Revitalization
Grant from the 2012 Community Development Block Grant
Summary
The Department of Housing and Community Development (DHCD) requires localities to have
specific provisions in place in order to move past the pre-award phase of the grant. The focuses
of these are to prevent the discrimination of low-to-moderate income families in the block grant
area. The Town does not currently have a Fair Housing or Residential Anti-displacement policy,
which is why these must be adopted. The Town currently has a Non-Discrimination Policy, but
it is not worded exactly like the one provided by DHCD. To prevent any conflict, it was
determined that the Town should adopt the one provided by DHCD for the purposes of this
Grant. Lastly, the Grievance Procedure is for anyone who believes they have been wronged
during the course of the Downtown and Economic Revitalization Project and are not satisfied
with the response given by Town Staff.
The scope of these Resolutions and Policies will only apply to and be effective for the life of this
particular grant. They will not hinder or change current policies the Town already has in place to
deal with personnel or other Town business matters.
Attachments
Resolution adopting Fair Housing Certification
Resolution adopting Residential Anti-displacement and Relocation Assistance Plan Certification
Resolution adopting a Non-Discrimination Policy
Resolution adopting a Grievance Procedure Policy
Recommendations
Four separate motions to adopt Resolutions
Town Council
Agenda Summary
RESOLUTION NO.
AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY,
DECEMBER 18, 2012 AT 6:30 PM IN THE COUNCIL CHAMBERS OF THE VINTON
MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA
Fair Housing Certification
Compliance with Title VIII of the Civil Rights Act of 1968
WHEREAS, the Town of Vinton has been offered and intends to accept federal funds
authorized under the Housing and Community Development Act of 1974, as amended; and
WHEREAS, recipients of funding under the Act are required to take action to affirmatively
further fair housing.
NOW, THEREFORE, BE IT RESOLVED that Vinton Town Council, on behalf of the Town
agrees to take at least one action to affirmatively further fair housing each grant year, during the
life of its project funded with Community Development Block Grant funds. The action taken
will be selected from a list provided by the Virginia Department of Housing and Community
Development.
This Resolution adopted on motion made by Council Member ________________ and seconded by
Council Member _______________, with the following votes recorded:
AYES:
NAYS:
APPROVED:
Bradley E. Grose, Mayor
ATTEST:
____________________________________
Susan N. Johnson, Town Clerk
1
RESOLUTION NO.
AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY,
DECEMBER 18, 2012 AT 6:30 PM IN THE COUNCIL CHAMBERS OF THE VINTON
MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA
Residential Anti-Displacement and Relocation Assistance
Plan Certification
WHEREAS, the Town of Vinton will replace all occupied and vacant occupiable
low/moderate-income dwelling units demolished or converted to a use other than
as low/moderate income dwelling unit as a direct result of activities assisted with
funds provided under the Housing and Community Development Act of 1974, as
amended. All replacement housing will be provided within three (3) years of the
commencement of the demolition or rehabilitation relating to conversion; and
WHEREAS, before obligating or expending funds that will directly result in such demolition or
conversion, the (Grantee’s Name) will make public and advise the state that it is
undertaking such an activity and will submit to the state, in writing, information
that identifies:
1. A description of the proposed assisted activity;
2. The general location on a map and approximate number of dwelling units by size
(number of bedrooms) that will be demolished or converted to a use other than as
low/moderate-income dwelling units as a direct result of the assisted activity;
3. A time schedule for the commencement and completion of the demolition or
conversion;
4. The general location on a map and approximate number of dwelling units by size
(number of bedrooms) that will be provided as replacement dwelling units;
5. The source of funding and a time schedule for the provision of replacement
dwelling units;
6. The basis for concluding that each replacement dwelling unit will remain a
low/moderate-income dwelling unit for at least 10 years from the date of initial
occupancy; and
2
7. Information demonstrating that any proposed replacement of dwelling units with
smaller dwelling units is consistent with the housing needs of low- and moderate-
income households in the jurisdiction.
WHEREAS, the Town of Vinton will provide relocation assistance to each low/moderate –
income household displaced by the demolition of housing or by the direct result
of assisted activities. Such assistance shall be that provided under Section 104 (d)
of the Housing and Community Development Act of 1974, as amended, or the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970, as amended.
WHEREAS, the Town of Vinton’s FY 2012 project includes the following activities:
1. Updating and implementation of the Town’s economic restructuring plan to
ensure the long-term stability of the downtown area.
2. Perform façade improvements to eleven (11) downtown businesses to improve the
aesthetics and cohesiveness of the downtown area.
3. Set up and administer a revolving loan fund of $100,000 for the project area
businesses to assist new and existing businesses via loans to eligible
entrepreneurs.
4. The Town will construct landscaping, sidewalk, lighting, and parking upgrades
and improvements to the Vinton Farmer’s Market.
5. The Town will construct crosswalk improvements at the intersections of
Washington and Pollard Streets.
6. The Town will construct gateway improvements along Virginia Avenue and
Pollard Street.
7. The Town will construct and install streetscape and landscape improvements to
include lighting, directional and wayfinding signage, parking areas, and trees.
The Town will also demolish old storage sheds.
8. The Town will create a downtown shopping and dining guide and also create
marketing material for the Vinton Farmer’s Market.
WHEREAS, the activities as planned will not cause any displacement from or conversion of
occupiable structures. As planned, the project calls for the use of existing right-of-
way or easements to be purchased or the acquisition of tracts of land that do not
contain housing. The Town of Vinton will work with the grant management staff,
engineers, project area residents, and the Department of Housing and Community
3
Development to insure that any changes in project activities do not cause any
displacement from or conversion of occupiable structures; and
WHEREAS, in all cases, an occupiable structure will be defined as a dwelling that meets local
building codes or a dwelling that can be rehabilitated to meet code for $25,000 or
less.
NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council hereby adopts this
Residential Anti-Displacement and Relocation Assistance Plan Certificate.
This Resolution adopted on motion made by Council Member ________________ and seconded by
Council Member _______________, with the following votes recorded:
AYES:
NAYS:
APPROVED:
Bradley E. Grose, Mayor
ATTEST:
____________________________________
Susan N. Johnson, Town Clerk
RESOLUTION NO.
AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY,
DECEMBER 18, 2012 AT 6:30 PM IN THE COUNCIL CHAMBERS OF THE VINTON
MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA
WHEREAS, the Town of Vinton has applied to the Department of Housing and Community
Development (DHCD) for a Downtown and Economic Revitalization Block
Grant; and
WHEREAS, one of the requirements of the DHCD Block Grant is the adoption of a Non-
Discrimination Policy; and
WHEREAS, the Town of Vinton does not discriminate against an employee based on race, age,
handicap, creed, religion, color, sex, or national orientation.
NOW THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby adopt the
Non-Discrimination Policy and authorizes the Town Manager to execute said Policy on behalf of
the Town.
This Resolution adopted on motion made by Council Member ________________ and seconded by
Council Member _______________, with the following votes recorded:
AYES:
NAYS:
APPROVED:
Bradley E. Grose, Mayor
ATTEST:
____________________________________
Susan N. Johnson, Town Clerk
Non-Discrimination Policy
The Town of Vinton or any employee thereof will not discriminate against an employee or applicant for
employment because of race, age, handicap, creed, religion, color, sex, or national origin. Administrative and
Personnel officials will take affirmative action to insure that this policy shall include, but not be limited, to the
following: employment, upgrading, demotion or transfer; rates of pay or other forms of compensation; and
selection for training.
Duly adopted at the regular meeting of the Vinton Town Council on December 18, 2012.
_________________________________
Christopher S. Lawrence
Town Manager
RESOLUTION NO.
AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY,
DECEMBER 18, 2012 AT 6:30 PM IN THE COUNCIL CHAMBERS OF THE VINTON
MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA
WHEREAS, the Town of Vinton has applied to the Department of Housing and Community
Development (DHCD) for a Downtown and Economic Revitalization Block
Grant; and
WHEREAS, one of the requirements of the DHCD Block Grant is the adoption of a Grievance
Policy; and
WHEREAS, the Town of Vinton has established a procedure for receiving and resolving
complaints alleging action that is prohibited by the Department of Housing and
Urban Development’s Section 504.
NOW THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby adopt the
Grievance Procedure Policy and authorizes the Town Manager to execute said Policy on behalf of
the Town.
This Resolution adopted on motion made by Council Member ________________ and seconded by
Council Member _______________, with the following votes recorded:
AYES:
NAYS:
APPROVED:
Bradley E. Grose, Mayor
ATTEST:
____________________________________
Susan N. Johnson, Town Clerk
1
Grievance Procedure
The Town of Vinton has adopted an internal grievance procedure providing for prompt and
equitable resolution of complaints alleging any action prohibited by the Department of Housing
and Urban Development's (HUD) (24 CFR 8.53(b) implementing Section 504 of the
Rehabilitation Act of 1973, as amended (29 USC 794). Section 504 states, in part, that "no
otherwise qualified handicapped individual . . . shall solely by reason of his handicap, be
excluded from the participation in, be denied the benefits of, or be subjected to discrimination
under any program or activity receiving federal financial assistance. . . ."
Complaints should be addressed to: (Stephanie Dearing, Human Resources Director, 311 S.
Pollard St., 540-983-0607), who has been designated to coordinate Section 504 compliance
efforts.
1. A complaint should be filed in writing or verbally contain the name and address
of the person filing it, and briefly describe the alleged violation of the regulations.
2. A complaint should be filed within three (3) days after the complainant becomes
aware of the alleged violation. (Processing of allegations of discrimination
occurring before this grievance procedure was in place will be considered on a
case-by-case basis.)
3. An investigation, as may be appropriate, shall follow a filing of a complaint. The
investigation will be conducted by Stephanie Dearing. These rules contemplate
informal but thorough investigations, affording all interested persons and their
representatives, if any, an opportunity to submit evidence relevant to a complaint.
Under 24 CFR 8.53(b), the Town of Vinton need not process complaints from
applicants for employment or from applicants for admission to housing.
4. A written determination as to the validity of the complaint and description of
resolution, if any, shall be issued by Stephanie Dearing and a copy forwarded to
the complainant no later than five (5) days after its filing.
5. The Section 504 coordinator shall maintain the files and records of the Town of
Vinton relating to the complaints filed.
6. The complainant can request a reconsideration of the case in instances where he
or she is dissatisfied with the resolution. The request for reconsideration should be
made within ten (10) days to Christopher S. Lawrence.
7. The right of a person to a prompt and equitable resolution of the complaint filed
hereunder shall not be impaired by the person's pursuit of other remedies such as
the filing of a Section 504 complaint with the Department of Housing and Urban
Development. Utilization of this grievance procedure is not a prerequisite to the
pursuit of other remedies.
2
8. These rules shall be construed to protect the substantive rights of interested
persons, to meet appropriate due process standards and to assure that the Town of
Vinton complies with Section 504 and the HUD regulations.
Duly adopted at the regular meeting of the Vinton Town Council on December 18, 2012.
_________________________________
Christopher S. Lawrence
Town Manager
Meeting Date
December 18, 2012
Department
Council
Issue
Consider adoption of a Resolution expending funds in the amount of $5,000 to the Veterans
Monument toward the debt retirement to match additional funding from Roanoke County.
Summary
Additional funds are needed to help pay for the remaining debt on the Veterans Monument and the
goal is that with additional appropriations from Roanoke County and the Town along with some
additional fund raising by the citizen committee that the debt can be retired.
On December 11, 2012, the Roanoke County Board of Supervisors approved an additional
appropriation in the amount of $5,000 with the stipulation that the Town would match the additional
$5,000 contribution.
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,
DECEMBER 18, 2012 AT 6:30 PM IN THE COUNCIL CHAMBERS OF THE VINTON
MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA
WHEREAS, the Town of Vinton, Virginia has supported funding of the Veterans Monument on
the grounds of the Vinton War Memorial in the amounts of $18,000 in 2005;
$12,000 in 2007; and $20,000 in 2009. Roanoke County has also provided
funding in the amounts of $30,000 in 2007 and $20,000 in 2009; and
WHEREAS, funds are needed to help pay for the remaining debt on the Monument and the goal
is that with additional appropriations from Roanoke County and the Town along
with some additional fund raising by the citizen committee that the debt can be
retired; and
WHEREAS, on December 11, 2012, the Roanoke County Board of Supervisors approved an
additional appropriation in the amount of $5,000 with the stipulation that the Town
would also contribute $5,000; and
WHEREAS, Vinton Town Council now wishes to contribute an additional $5,000 to match the
County contribution.
WHEREAS, funds need to be transferred from the Reserve for Contingency 200.8900.407
Expenditure Account in the June 30, 2013 Budget to the 200.8150.722 Economic
Development – Special Project Expenditure Account.
NOW, THEREFORE, BE IT RESOLVED, that the Vinton Town Council does hereby approve
the following:
FROM: 200.8900.407 Reserved of Contingency $5,000.00
TO: 200.8150.722 Economic Development-Special Project $5,000.00
This Resolution adopted on motion made by Council Member ________________ and seconded by
Council Member _______________, with the following votes recorded:
AYES:
NAYS:
APPROVED:
Bradley E. Grose, Mayor
ATTEST:
____________________________________
Susan N. Johnson, Town Clerk
Meeting Date
December 18, 2012
Department
Public Works
Issue
Update on the Glade-Tinker Creek Wastewater Interceptor Replacement – Phase II Project
Summary
To provide Town Council a project status briefing for the anticipated completion date, current
financial standing based on submitted pay request from the contractor to date , and the potential
options for adding 336 feet of 24” PVC line known as Alternate “F” Line to the existing contract
work being performed by Allegheny Construction.
Attachments
None
Recommendations
No action required
Town Council
Agenda Summary
Meeting Date
December 18, 2012
Department
War Memorial
Issue
Work Session – Update on the War Memorial Business Plan
Summary
Review of five (5) year history. Presentation of proposed marketing and branding strategy.
PowerPoint presentation plus hard copies to be handed out.
Attachments
None
Recommendations
No action required
Town Council
Agenda Summary