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HomeMy WebLinkAbout5/7/2013 - Regular1 Vinton Town Council Regular Meeting Council Chambers 311 South Pollard Street Tuesday, May 7, 2013 AGENDA Consideration of: A. 6:00 p.m. - WORK SESSION 1. Briefing on a request for a fifty (50) foot wide by approximately one hundred and fifty (150) foot long undeveloped right-of-way, known as Daleview Drive, Map of Section No. 4, Bali Hai, Plat Book 6, Page 30, to be closed, vacated, and deeded to the adjoining property owners. B. 6:30 p.m. - RECEPTION FOR SHIRLEY PATSEL (IN LOBBY) C. 7:00 p.m. - ROLL CALL AND ESTABLISHMENT OF A QUORUM D. MOMENT OF SILENCE E. PLEDGE OF ALLEGIANCE TO THE U. S. FLAG F. CONSENT AGENDA 1. Consider approval of minutes for the regular Council meeting of April 2, 2013. 2. Consider approval of minutes for the Council in the Neighborhood meeting of April 16, 2013. G. AWARDS, RECOGNITIONS, PRESENTATIONS 1. Presentation of the 2012 Super Star Award by the Virginia Department of Emergency Management to Shirley Patsel. 2. Presentation by the Roanoke Valley Preservation Foundation in celebration of National Historic Preservation Month. 3. Proclamation – National Drinking Water Week 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 2 4. Proclamation – National Police Week H. CITIZENS’ COMMENTS AND PETITIONS - This section is reserved for comments and questions for issues not listed on the agenda. I. PUBLIC HEARING 1. Consideration of public comments regarding a proposed Ordinance to amend Appendix B, Zoning, Article IV, District Regulations, Division 8, M-1 Limited Industrial District, of the Vinton Town Code. a. Report from Staff b. Open Public Hearing • Receive public comments • Close Public Hearing c. Council discussion and questions d. Consider adoption of Ordinance J. TOWN ATTORNEY K. TOWN MANAGER ITEMS REQUIRING ACTION 1. Consider adoption of a Resolution authorizing the Town Manager to execute a Quitclaim Deed between the Virginia Department of Transportation and the Town conveying all of the right of way and permanent easements on Project U000-149-102, RW201 (Gus W. Nicks Boulevard) to the Town of Vinton. 2. Consider adoption of a Resolution authorizing the Town Manager to execute a Quitclaim Deed between the Virginia Department of Transportation and the Town conveying all of the right of way and permanent easements on Project U000-149-105, RW201 (Washington Avenue) to the Town of Vinton. 3. Consider adoption of a Resolution appropriating $6,323.00 received from Byrne Justice Assistance Grant from the Department of Criminal Justice and the Town’s required $632.00 match for a surveillance system and cameras. L. MAYOR M. COUNCIL 1. Financial Report for March 2013 N. ADJOURNMENT 3 O. WORK SESSION CONTINUED 1. Briefing on Refuse Collection – 3rd Street Dumpster Survey 2. Briefing on two proposed Memorandum of Understanding (MOU) between Roanoke County Board of Supervisors and the Vinton Town Council for: a. Providing stormwater management plan review services to the Town of Vinton. b. Providing stormwater management facilities post-construction inspection services to the Town of Vinton. 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: • May 6, 2013 – 5:30 p.m. – Finance Committee Meeting – Finance Conference Room • May 7, 2013 – 6:00 p.m. – Work Session followed by Regular Council Meeting at 7:00 p.m. UPCOMING COMMUNITY MEETING: • May 15, 2013 – 7:00 p.m. – Roanoke County Library Design Second Public Meeting – Vinton War Memorial Meeting Date May 7, 2013 Department Planning and Zoning Issue Briefing on a request for a fifty (50) foot wide by approximately one hundred and fifty (150) foot long undeveloped right-of-way, known as Daleview Drive, Map of Section No. 4, Bali Hai, Plat Book 6, Page 30, to be closed, vacated, and deeded to the adjoining property owners. Summary The Planning Commission will hold its public hearing for the request on Thursday, May 2, 2013. Please see attached staff memo and the supporting documents regarding the request. Attachments Staff memo with supporting documents – 25 Pages. Recommendations No action required. Town Council Agenda Summary 1 TO: Vinton Town Council Vinton Planning Commission FROM: Anita J. McMillan, Planning and Zoning Director DATE: April 29, 2013 SUBJECT: Proposed Vacation of Daleview Drive, an Undeveloped Right-of-way ISSUE/PURPOSE A public hearing to consider public comments concerning a request for a fifty (50) foot wide by approximately one hundred and fifty (150) foot long of an undeveloped right-of-way, known as Daleview Drive, Map of Section No. 4, Bali Hai, Plat Book 6, Page 30, be closed, vacated, and deeded to the adjoining property owners. BACKGROUND/SUMMARY The undeveloped Daleview Drive is located between 647 and 701 Olney Road. Currently, there are two driveways located on this undeveloped right-of-way, each serving 647 and 701 Olney Road, respectively. Please see attached an aerial map showing the two existing driveways located in this undeveloped right-of-way of Daleview Drive. Staff was contacted by Mrs. Anne Huffman Overbay sometime in September 2012, requesting a meeting with Town personnel. On October 2, 2012, a meeting was held between Mr. Ardith and Mrs. Anne Overbay, Town Manager, Town Attorney, Planning and Zoning Director, Public Works Director and Assistant Director. The meeting was held to discuss the Overbays’ intention to subdivide their vacant parcel that is located in the City of Roanoke. The parcel is currently without any street access from the City of Roanoke, but could be accessed from the Town of Vinton, either from the undeveloped right-of-way of Daleview Drive between 647 and 701 Olney Road, and/or from Olney Road, located in the area north of 615 Olney Road, and to the south of 609 and 613 Olney Road. Additionally, the Overbays also requested if the two lots can be serviced by Vinton’s water service. Please see attached correspondence dated October 8, 2012, which served as a follow-up and summary of the meeting, and a map showing the two access points from the Town of Vinton. On January 11, and February 27, 2013, a preliminary subdivision plat and revised plat was submitted, respectively, showing that two lots will be accessed from the undeveloped right-of- way of Daleview Drive. Please see attached correspondences from Staff dated February 4, and March 19, 2013, which listed a list of concerns regarding the proposed use of the undeveloped right-of-way for the two lots located in the City of Roanoke. 2 On March 27, 2013, a meeting was held between Mr. Ardith Overbay and his surveyor, Mr. Chris McMurry, and Town personnel to discuss concerns listed in Town’s correspondence dated March 19, 2013. According to Mr. Overbay, he has been in contact with 647 and 701 Olney Road property owners regarding his proposed use of the undeveloped right-of-way for access of his two lots. At the conclusion of the meeting, Mr. Overbay agreed to discuss with both property owners to request for the Town to close, vacate, and deed the undeveloped right-of-way to them. Additionally, if the closing and vacating request of the right-of-way is approved, a 20’ by 150’ strip contained within the vacated right-of-way will be conveyed to the Overbays, to serve as an access way for the two lots. On March 29, preliminary drawings were submitted showing the proposed vacation of the right-of-way and the strip to be deeded to the Overbay to be located within this vacated right- of-way. On April 10, 2013, Mr. McMurry submitted to Staff, signed statements from the Slighs and the Quams, stating that they agree for the undeveloped right-of-way to be vacated and to convey the Overbays of the said strip. The signed statements were not notarized and there were some mistakes in the statements that needed to be corrected. On April 29, 2013, the a plat of the right-of-way vacation, a concept plat showing the deed portion to be conveyed, and an unsigned 647 and 701 Olney Road property owners’ (Quams and Slighs) statement for 645 property owners, stating that they agree for the undeveloped right-of-way to be vacated and to convey a strip contained within the right-of-way to the Overbays, were faxed to Staff. According to Mr. McMurry, the Quams and Slighs will be present at the Planning Commission meeting and to sign the paperwork on May 2nd. Please see attached drawings and plats. On April 15, 2013, Staff sent correspondence utility companies including Vinton Public Works Department, Roanoke Gas, American Electric Power (AEP), Verizon, and Cox Communications regarding the vacation request of the said undeveloped right-of-way. All the utility companies have responded and do not have any objection to the vacation request. Twelve (12) adjoining property owners, including the owners of 647 and 701 Olney Road, Mr. 7 Mrs. A.R. Overbay, and Mr. Chris McMurry, were also notified of the vacation request through correspondence dated April 15, 2013. Please see attached a copy of the letter and the listing of property owners notified. As required by State Code Sections 15.2-2204 and 15.2-2272, the legal notice of the public hearing on the right-of-way alley vacation request was advertised in The Vinton Messenger on April 18, and April 25, 2013 for Planning Commission public hearing to be held on Thursday, May 2, 2013; and on May 2, and May 9, 2013 for Town Council public hearing to be held on Tuesday, May 21, 2013. ATTACHMENTS 1. An aerial map showing 647 and 701 Olney Road driveways located within the undeveloped right-of-way of Daleview Drive – 1 Page. 3 2. October 8, 2013 correspondence and map – 4 Pages. 3. February 4 and March 19, 2013 correspondences and a preliminary plat – 7 Pages. 4. Drawings and plats of the undeveloped right-of-way and property owners’ statement – 5 Pages. 5. A copy of the letter sent to the adjoining property owners with attachments – 4 Pages. ACTION REQUESTED/RECOMMENDATIONS 1. May 2, 2013, Planning Commission public hearing: Receive public comments on the request to close, vacate, and deed the right-of-way to the property owners of 647 and 701 Olney Road. Planning Commissioners are to make a recommendation to Town Council whether to approve or deny the request. 2. May 7, 2013, Town Council work session: Receive staff report concerning the vacation request of the undeveloped right-of-way. 3. May 21, 2013, Town Council public hearing: Receive public comments on the request and whether to adopt an ordinance to vacate, close, and deed the right-of-way to the property owners of 647 and 701 Olney Road. Meeting Date May 7, 2013 Department Town Clerk Issue Consider approval of minutes for the regular Council meeting of April 2, 2013. Consider approval of minutes for the Council in the Neighborhood meeting of April 16, 2013. Summary None Attachments April 2, 2013 minutes April 16, 2013 minutes Recommendations Motion to approve minutes Town Council Agenda Summary 1 MINUTES OF A REGULAR MEETING OF VINTON TOWN COUNCIL HELD AT 7:00 P.M. ON TUESDAY, APRIL 2, 2013, 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 Robert R. Altice Matthew S. Hare MEMBERS ABSENT: I. Douglas Adams, Jr. STAFF PRESENT: Christopher S. Lawrence, Town Manager Susan N. Johnson, Town Clerk Elizabeth Dillon, Town Attorney Ryan Spitzer, Assistant to the Town Manager Ben Cook, Police Chief Gary Woodson, Public Works Director Barry Thompson, Finance Director/Treasurer Karla Turman, Assoc. Planner/Code Enforcement Ofcr. Joey Hiner, Assistant Public Works Director The Mayor called the work session to order at 5:30 p.m. After opening comments from the Town Manager, Courtney Rogers of Davenport & Company gave a Power Point presentation regarding the service study/water and wastewater rates. Mr. Rogers commented that since the last presentation to Council on December 4, 2012, the revenue and expenditure model has been updated to show the revenue increases necessary to provide for growing expenditures and capital spending of over $16 million over the next ten years. The last increase in rates was March of 2011. The fund balance at the end of FY2012 was just over $100,000, which we need to increase. Revenue increases from the December presentation averaged 9% over the five year period reviewed with increases of 9.4% for the first two years. The objective is to continue running the water and sewer enterprise fund as a self-supporting operation and for the users of the system to pay for it. A fund policy guideline is to achieve a target of net revenues after operational expenditures to be at least 1.3 times the debt service requirements. This will result in additional funds to use toward capital projects rather than having to keep borrowing for those items. Another goal is to pay for capital projects of less than $100,000 with cash. Mr. Rogers then commented on historical revenues and expenditures including the projection for FY2014 as well as the historical fund balance. The existing debt service stands at $6.4 million to be paid out by 2028. 2 Some key assumptions made were consistent average consumption use patterns; total operational expenditures to grow approximately 3.6% post budget FY2014; the CIP plan totals $11 million to FY2018 and is funded with 89% bonds, 5% from WVWA and 6% equity; and long term debt is assumed to be amortized over 30 years. Next, Mr. Rogers commented on a graph showing the existing and proposed debt service and cash for capital over the next five years. This represents about $2 million in projects. The recommendation is to adopt three years of increases at 8.7% for FY14, 8.9% for FY15 and 8.9% for FY16. The intent is to keep the revenue growth level to provide for operations, capital and to build up a fund balance. It is suggested to advertise and put three years of increase into place and then it is set. If we end up being over conservative, then there will be more cash and less borrowing. The current debt service is slightly over $600,000 and we are going to need to get up above $800,000. Pretty soon it will be over $1.2 million, which is doubling where we are now in a span of three years. Mr. Rogers next commented on residential data based on 2011. This is on a bi-monthly basis and most customers are in the 0-10,000 range in terms of usage. The current tiers go up to 3,000 for fixed and the next tier is 42,000. Essentially, while there are four tiers, there are really only two that residential customers fall into. There is no usage in tiers three and four. For the commercial/ industrial side, there are more groupings which are due to a lot of small establishments and then the more industrial users. The proposed water rates were shown with an 8.7% increase on a bi-monthly and monthly basis and omitting the current last two tiers. The second tier would go down from 42,000 gallons on a bi-monthly basis to 30,000. Mr. Rogers then commented that the Water Association has looked at 50 gallons a day as an average for most households. This breaks down to a one-person household on average using 3,000 on a bi-monthly basis or a household of eight using 24,000. So a new tier of 30,000 is still more than an eight person household might use. Mr. Rogers reviewed the effect on bills for water showing the current bill and the proposed increase on a monthly and bi-monthly basis for FY2014 through FY2016. For wastewater rates, the proposal is essentially the same to move to a monthly billing cycle. The end result is to produce a certain amount of revenue either with water or sewer, but there are different ways to get there. Most of the Town’s users are water and sewer combined. 3 Vice Mayor Nance commented about going to more of a fixed cost or a fee to each consumer since the increase in the water usage is not as expensive as keeping the infrastructure up-to-date. Those fixed costs are really the drain on the system. Mr. Rogers commented that by having a fixed cost, whether the consumer uses the water or not, it still cost the Town a certain amount to provide the service. The question was asked how many consumers would fall into the 1,500 gallon per month category and the response was that in January of 2013 there were 843 residential meters that supported that 0-3,000 figures. If you added in commercial, there would be about 1,100 total meters that fall into this category, which would be about 20% of the customers. Mr. Rogers ended his presentation by commenting that we will have to advertise for a Public Hearing and discuss the borrowing options for capital needs. The plans are to come to the April 30th Special Meeting for further discussion. Regarding the capital needs, the Vice Mayor indicated that he is depending on staff and their expertise to prioritize those needs and bring back to Council. The next item related to the CIP for FY2013-2014. The Town Manager commented that we considered equipment and smaller capital projects that we could handle with no additional debt in the General Fund side. All of this is premised on having some money left in contingency to use for priorities. There is funding for capital in this proposed budget. This is based on the approval of the $0.15 cigarette tax increase to help increase our revenue sources to accomplish our equipment and capital needs. The Walnut Avenue Corridor Improvement Project at $19,000 is the VDOT project for the new bridge, which is our share of the cost or 2% for this year. The second priority is to replace our Town’s file server, to add our Laserfiche records storage program to the server and to add our Finance and Planning & Zoning Department to the system. Other items included the asphalt roller compactor and our share of the Greenway trail from Walnut to Virginia Avenue, which is our match to the 50/50 Revenue Sharing Grant with VDOT. The cost shown for the replacement of the dump truck with a hooklift and dump body is based on a five-year lease. Various street improvements includes combining three small projects that have been recommended by the Highway Safety Commission. Items related to the Fire House are painting the Fire House and the high traffic areas of the Crew Hall and replacing carpet with tile flooring 4 in the Fire House. The grant match for the Police Department Speed Trailer was included along with painting of the interior of the pool and the purchase of the Cityworks Asset Management Software requested by Public Works. Mr. Hare asked if we could possibly pay for the asphalt roller compactor out of our current budget and the Town Manager responded that staff can look at that option and report back to Council. Mr. Altice arrived at the meeting at 6:50 p.m. The Mayor called the regular meeting to order at 7:10 p.m. The Town Clerk called the roll with Council Member Altice, Council Member Hare, Vice Mayor Nance, and Mayor Grose present. After a Moment of Silence, Vice Mayor Nance led the Pledge of Allegiance to the U.S. Flag. Roll Call Concerning the consent agenda, Vice Mayor Nance requested a correction to the March 19th minutes on page 11 from “Vice Mayor Nance commented that we saw good results from the Ford Motors study. When we discuss finding extra funds, are we talking about from the Town?” to “Vice Mayor Nance mentioned the Ford Motor study and asked if when we discuss finding extra funds, are we talking about from the Town?” Mr. Hare requested a correction to the March 19th minutes on Page 11 from “Mr. Hare commented that there have been interested buyers and the School Board has increased the price at least five times its assessed value.” to “Mr. Hare commented that he has been told that there have been interested buyers…” Vice Mayor Nance made a motion to approve the March 5, 2013 minutes and the March 19, 2013 minutes with corrections; the motion was seconded by Mr. Hare and carried by the following vote, with all members voting: Vote 4-0; Yeas (4) – Altice, Hare, Nance, Grose; Nays (0) – None; Absent (1) - Adams. Approved minutes of regular meeting of March 5, 2013 and minutes of March 19, 2013 regular meeting with corrections The next item on the agenda was a Proclamation for Mayor’s Day of Recognition for National Service. Samantha Lukasiewicz, the AmeriCorps VISTA Leader through The Advancement Foundation made brief comments regarding the VISTA Program. Three of the 18 VISA volunteers were present as well. The Mayor read the Proclamation and presented to the group. The next item was recognition of the GFWC Woman’s Club of Vinton and their participation in Child Abuse Awareness Prevention Month. Kathryn Sowers made brief comments regarding the pinwheel garden that was planted in front of the Municipal Building prior to the 5 Council meeting. She also thanked the Police Department for partnering again with the Club this year in the planting. The pinwheel garden will be displayed through the month of April. The next item was a request for funding presentation by Krystal Thompson, Executive Director, on behalf of Brain Injury Services of SWVA. Ms. Thompson made brief comments regarding the services they provide which include case management, life skills training, community outreach and education and a new program CLIC, which stands for community living connection, an internet based support group. They are currently serving three individuals from the Town of Vinton and are requesting $500. The next item was a presentation by Wayne Strickland on behalf of the Roanoke Valley-Alleghany Regional Commission. Mr. Strickland made comments that the Commission has assisted the Town with various projects over the past years, but the most recent was the Downtown Revitalization efforts. They also assisted with a Regional Water Supply Plan which combined the efforts of 13 communities and is in the process of being approved by the State Water Control Board. Current projects relate to the new mandates regarding stormwater. Mr. Strickland gave Council a copy of their 2012 Annual Report and also a Regional Report Card which lists over 100 multijurisdictional contracts and agreements among communities in our region. Mr. Strickland also mentioned that in this fiscal year, our region has been designated as a new type of MPO by the Federal Highway Administration through the U.S. Department of Transportation as a transportation management area. Because of this designation, the MPO has been allocated $8.2 million this year to spend on transportation related projects. Each of the localities will be asked to submit projects that could qualify for these funds. This amount will be spent in FY2014, but after that the region will continue to get over $4 million a year for these projects. The Town should submit any projects they have by April 19th to the Commission. The next item on the agenda was a Public Hearing to receive public comments regarding the petition of Trey Boyd, t/a Scorpion Towing & Recovery, authorized agent, to amend Ordinance No. 824 adopted October 4, 2005, Special Use Permit (SUP) to operate a police impoundment storage lot at 814 2nd Street, tax map number 060.19-02- 16, zoned M-1 Limited Industrial District. Ms. Turman, Associate Planner/Code Enforcement Officer made brief comments regarding the petition of Mr. Boyd. Following 6 the briefing on the matter to Council on March 19, 2013, Mr. Boyd has offered that, should the petition be approved, he will put solid screening along the north side of the property that faces West Augusta. The Planning Commission held their Public Hearing on March 7th and voted unanimously to recommend approval. Vice Mayor Nance commented there was already a SUP in place and this allows expansion of vehicles of different origin to be stored on the property. Ms. Turman responded that was correct. The original SUP was for police impounded vehicles only. Vice Mayor Nance asked about the current SUP and if there were conditions in regard to the fence around the property and the response was the only condition was that the fence be maintained and kept clear of vegetation. Ms. Turman indicated she has talked with the current co-owners of the property regarding the need to remove the vegetation from the fencing. The Mayor opened the Public Hearing at 7:44 p.m. Roger Overstreet, 809 South Pollard Street, Vinton, presented a letter from Richard Thompson, the property owner for 709 South Pollard, expressing his objections to the petition. He commented that it is already a police impound lot and he is restricted by what he can do without a fence around his property. They are being allowed to keep their vehicles outside an open fence for as long as 30 days. Since they are doing the same kind of business, he wants to be treated equal. He also commented on the vehicles stored there waiting to be detailed and that any car without a tag looks the same on any lot. Mr. Overstreet next commented that Mr. Boyd said at the March 7th hearing he would not be selling any cars on the property and he presented a print- out of two Craigslist ads showing cars for sale on the property. He also indicated that Chief Cook had three cars towed off of 2nd Street and he thought the Town was interested in getting vehicles with no tags out of the area. Tim Meadows of 814 2nd Street, Vinton commented that he runs a towing service off of the same lot. If he is allowed to park five or six vehicles there for the Police Department, what is the difference in having a couple of more cars. He commented that the vehicles Chief Cook had towed were on Town property and half of the parking lot of Mr. Overstreet’s business is on Town property. Mr. Boyd has also indicated he would have to move out of Vinton if his petition is not approved. Mr. Meadows said they have cleaned the fence several times and if this is approved, they are going to take down the fence, remove the trees and put a new fence up. Vice Mayor Nance asked if Mr. Meadows was at this property when the first SUP was granted and Mr. Meadows said no. He and Mr. Boyd started renting the lot at the same time. Public Hearing opened at 7:44 p.m. 7 Troy Hicks of 545 Olney Road, Vinton who works with Scorpion Towing, asked to look at the craigslist ads furnished by Mr. Overstreet. Mr. Hicks then commented that one of the vehicles listed on Craigslist is an employee of theirs and they were not aware he had it listed. It will be taken care of. The second vehicle is not on their property. Mr. Overstreet commented again that he was not just talking about the storage of his vehicles with no tags in the front. He has a fence around most of his lot in the back, but no gate because the wind keeps blowing it down. He cannot store anything in the back lot unless it is shielded by a solid fence and he is restricted whether it is in the front, side or back. The Public Hearing was closed at 7:55 p.m. Mr. Hare asked Mr. Overstreet if he does not necessarily disagree with the petition, he just wants to be treated fair. Mr. Overstreet responded yes and then commented that every time he asks about something he gets cited for something else. Mr. Hare expressed thanks to Mr. Boyd for going through this process and offering the fence. Vice Mayor Nance commented that he appreciates individuals who go through the system the correct way in making their request. Since a SUP has already been approved for this property for a very similar use, it is a reasonable request. To be fair, Council can only address the issue that is before them and the complaints made do not impact the reasonableness of this request. He also appreciates the willingness of Mr. Boyd to address the fence issue. The Mayor reiterated what the Vice Mayor had said and commented that he can support the petition. Vice Mayor Nance made a motion to adopt the Ordinance as prepared with one typographical correction in Item 2. From “chink” to “chain”; the motion was seconded by Mr. Hare and carried by the following roll call vote, with all members voting: Vote 4-0; Yeas (4) – Altice, Hare, Nance, Grose; Nays (0); Absent (1) - Adams. Public hearing closed at 7:55 p.m. Adopted Ordinance No. 934 approving the petition of Trey Boyd, t/a Scorpion Towing & Recovery, authorized agent, to amend Ordinance No. 824 adopted October 4, 2005, Special Use Permit (SUP) to operate a police impoundment storage lot at 814 2nd Street, tax map number 060.19-02-16, zoned M-1 Limited Industrial District The next item on the agenda was a Public Hearing to receive comments regarding the petition of Jason M. Varney, t/a Consolidated Real Estate Enterprises, LLC, authorized agent, for a Special Use Permit (SUP) to convert a single-family dwelling, located at 134 West Augusta Avenue, tax map number 060.15-05-18, zoned RB Residential. Ms. Turman commented on the petition of Mr. Varney. Because the two-family dwelling does not meet the lot area of 12,000 square feet and the lot width requirements of 75 feet, it requires an SUP. Council was briefed on the petition at their March 19th meeting and the Planning Commission held their Public Hearing on March 7th and voted unanimously to recommend approval. 8 The Mayor opened the Public Hearing at 8:01 p.m. Jason Varney, owner of the subject property, commented about the concerns of Council that were mentioned at the March 19th work session. He stated that he is not trying to change the landscape of the neighborhood and that the property was used as a duplex in the past. The property has adequate parking for a duplex and there are other multi-family dwellings on the street. This is a one-time event and he has no intention of coming into Vinton and converting other single-family residences to multi-family. Mr. Varney then stated that renting the property as a single- family unit will not support the amount of investment he plans to make in the property. He would like Council to consider how the property will best serve the neighborhood, not how many people will be living there. He also stated that he conducts background checks, rental references and employment verifications on his renters. Mr. Varney then asked if Council could not grant the standard SUP, would they consider some kind of conditional SUP to help create a win/win situation for all involved. The Mayor asked Mr. Varney if he was aware that it was a single-family dwelling when he purchased it and the response was yes. He then asked Mr. Varney if he has done a lot of these and the response was they have rehabilitated one other property. However, this is his first full rehabilitation. The Mayor asked what would happen if Council denied this SUP and the response was they will not be able to get the investment out of the property that they were hoping to get. They may be able to lease as a single- family residence, but they will not be able to make the improvements they would like to do. He does not think it will be marketable in its current condition. Neal Jessup of 4018 Horsepen Mountain Drive, Vinton, commented that his business is at 600 South Pollard Street. He appreciates what Mr. Varney is trying to do because the proposed project is within a block of his office. He is familiar with Mr. Varney through his Church and he has a good reputation of taking care of the church property as well as his own. Jacob Sinclair and Crystal Williams of 4949 Polly Hill Lane, Roanoke made comments. Ms. Williams commented that they rent one of the properties that Mr. Varney manages. They have rented for five years and are very pleased with the way the property is maintained. Mr. Sinclair commented that renting is important to a lot of individuals and especially having a nice place to rent. Ms. Williams stated that Mr. Varney does interview all his renters and there is not a big turnaround with his properties. Public Hearing opened at 8:01 p.m. 9 The Public Hearing was closed at 8:16 p.m. The Mayor expressed his thanks for the comments heard tonight. Mr. Varney’s quality of work and the condition of his existing properties are not the issue. He opposes the SUP, but it has nothing to do with Mr. Varney or his reputation. His opposition is based on his nine years of service on the Planning Commission and the certification training he received during that time. At that time, he does not recall any single-family homes being built, but a lot of duplexes were built on what we now call non-conforming lots. The requirements of the lot area at that time was 8,000 square feet and it has been raised twice since then up to the existing 12,000 square feet. The Mayor then commented that he understands duplexes can be a great investment and business opportunity, but he does not think they are good for the Town because they do mean rental properties. This standard was created to say we want stable communities and we want primarily single- family owner occupied dwellings. Also, the issue of off- street parking takes away yard space and does not provide a safe place for children to play. The Mayor further commented that he thinks Augusta Avenue will be impacted in a negative manner if this SUP is issued and does not feel we can expect any further investment in single-family dwellings in that neighborhood. It will serve to create an opportunity for builders to build more duplexes not just in that neighborhood but in all our RB Zoning districts. This property had been occupied as a single-family residence until the legal procedure of foreclosure was commenced and he feels the neighborhood is still predominately single-family. This Council has been very pro-business, but he thinks we have an obligation to protect our neighborhoods and feels we would be lowering our standards to what they were before and what the long-term effect might be. Vice Mayor Nance stated that he has been very torn about this petition because an SUP makes an exception to the rule. Council prior to him made a very strong and just decision to protect our neighborhoods by setting very definite limitations on multi-family homes within RB districts. He thinks the reasons were to avoid crowding on particular lots and to promote single-family dwellings. The question is when do we draw the line to prevent Special Use Permits from becoming the rule rather than the exception. Mr. Nance further commented that the concerns were not about Mr. Varney or his commitment to invest in the property. However, he does think there are some unique situations on this property. It is pre-existing building that has been used for the exact purpose that Mr. Varney is Public Hearing closed at 8:16 p.m. 10 requesting even though its most current use was single family. Also, the building having two gas lines and two electrical services makes is somewhat unique. Mr. Nance then commented that two of the three principles he ran on was being pro-business and pro-property rights and if that is the precedent he has set for himself, he has to stick to it. In this particular case he feels that he can stick to those principles without adversely affecting this neighborhood and he hopes with the petitioner that he may be doing this neighborhood a service. Mr. Hare commented that he has made several trips through this neighborhood over the past few weeks and he is supportive of someone wanting to make this kind of investment in his Town. He thinks that type of investment for that type of house will be hard to come by as a single- family residence. He has family members who cannot own homes and to have quality rental housing in a Town like Vinton is great compared to some of the places they find themselves in now. He fully respects the former Council and their decisions and they have done a lot of good for the Town by setting boundaries. Mr. Hare further commented that approving this SUP will bring an investment in property and quality housing for people to come to Vinton. Mr. Altice commented that he was on the Planning Commission with the Mayor and the biggest concern when this was changed was putting a duplex on a 50 foot lot and it being new construction, not old construction. This property has been a duplex as long as he remembers and there have been little improvements to the property. He supports it being a duplex because unless there are two units there, one family is not going to pay the high rent required to cover the improvements that need to be done. It is the best use for it and he respects the Planning Commission for their recommendation to make this a duplex. This property already exists and there is plenty of parking. Mr. Altice made a motion to adopt the Ordinance as presented; the motion was seconded by Vice Mayor Nance and carried by the following roll call vote, with all members voting: Vote 3-1; Yeas (4) – Altice, Hare, Nance; Nays (1) – Grose; Absent (1) - Adams. Adopted Ordinance No. 935 approving petition of Jason M. Varney, t/a Consolidated Real Estate Enterprises, LLC, authorized agent, for a Special Use Permit (SUP) to convert a single- family dwelling, located at 134 West Augusta Avenue, tax map number 060.15-05-18, zoned RB Residential The next item for consideration was a Resolution to authorize the Town Manager to execute a contract with Lawrence Equipment of Cloverdale, Virginia in the amount of $27,695 for a Case Farmall 5A 2013 Grounds Tractor plus additional accessory equipment in the amount of $12,805 for a total of $40,500. Mr. Woodson, Public Works Director, made brief comments regarding the purchase of the tractor with accessories to replace two of the older 11 tractors. The funds are already in the FY2013 budget. The Town Manager commented for the record that he has no relation to Lawrence Equipment. After further comments from Council, Vice Mayor Nance made a motion to adopt the Resolution as presented; the motion was seconded by Mr. Hare and carried by the following roll call vote, with all members voting: Vote 4-0; Yeas (4) – Altice, Hare, Nance, Grose; Nays (0); Absent (1) - Adams. Adopted Resolution No. 2009 authorizing the Town Manager to execute a contract with Lawrence Equipment of Cloverdale, Virginia in the amount of $27,695 for a Case Farmall 5A 2013 Grounds Tractor plus additional accessory equipment in the amount of $12,805 for a total of $40,500. The next item for consideration was a Resolution to approve the budget for the CDBG Downtown and Economic Revitalization Grant. Mr. Spitzer commented that the Town Manager has met with Hill Studios and they will work within the budget we have. Also, Mr. Spitzer commented that he is in the process of working with AEP regarding some of their lighting options. One option is they own, operate and repair the lights and we pay a $13 per month charge per light. Their lights cost approximately $2,000 and they would give us a $730 credit for those lights. We currently have budgeted $3,000 for those lights. In response to a question about a light being damaged, Mr. Spitzer commented that AEP will replace it up to three times. After that they consider it to be in a bad location and will remove it. Vice Mayor Nance asked if there is a cost savings, could we get up to the location of the new library with lights and the response was yes. Mr. Spitzer also commented that AEP will do all of the layout work, the engineering specs and will pay to run the conduit to the pole and install the base and the light. The Town would have to bid out laying the conduit on the street assuming we do not already have conduit in place. These lights will include plug-ins, places for the Christmas lights and the banners. The Town Manager commented that having only met with AEP today regarding the lights, there will be additional meetings to further work out the details. The other option is for the Town to own and operate the lights and we just pay AEP for the electric charge. After further comments, Mr. Altice made a motion to adopt the Resolution as presented; the motion was seconded by Mr. Hare and carried by the following roll call vote, with all members voting: Vote 4-0; Yeas (4) – Altice, Hare, Nance, Grose; Nays (0); Absent (1)- Adams. Adopted Resolution No. 2010 approving the budget for the CDBG Downtown and Economic Revitalization Grant 12 The next item was a briefing on the Programmatic Agreement between the Town and DHR. Mr. Spitzer commented that the reason for the agreement is that DHR determined that our downtown area is a potential historic place based on Criterion A (commerce) from 1884-1963. This Agreement will simplify the steps that we have to go through to get the projects done. He has received a letter from the Advisory Council for Historic Preservation, the federal agency, and they declined to participate unless we need them to intervene between us and the State. The Vinton Historical Society has declined because Judy Cunningham is already on the Project Management Team and we are still waiting to hear back from the other organizations. Mr. Spitzer commented that he asked for another 30-day extension to May 8th because of the delay in the Programmatic Agreement process. Council will need to authorize the Town Manager to execute the Agreement no later than April 16th. Mr. Spitzer then commented on several sections of the Agreement. Mr. Spitzer stated that the main purpose of the Agreement is for DHR to be sure that we keep the integrity of the downtown area as it is now and do not do any major demolition. Mr. Spitzer indicated that if Council would approve this Agreement now, he can proceed with the FONSI (Finding of No Significant Impact) and the Request for the Release of Funds. After comments from the Town Attorney that she has reviewed the Agreement and sees nothing that would cause legal concern, Mr. Hare made a motion to authorize the Town Manager to sign the Programmatic Agreement in substantially the same form as presented to Council; the motion was seconded by Mr. Altice and carried by the following vote, with all members voting: Vote 4-0; Yeas (4) – Altice, Hare, Nance, Grose; Nays (0); Absent (1) - Adams. Authorized the Town Manager to execute the Programmatic Agreement between The Town and the Virginia State Historic Preservation Office The next item was a briefing on the Agreement between the Virginia Department of Housing and Community Development and the Town accepting the $700,000 Downtown and Economic Revitalization Grant. Mr. Spitzer commented that the draft of the Contract Agreement has been provided for Council’s review and it will be brought back to the May 7th Council meeting for their approval. The Mayor expressed his thanks to Mr. Spitzer for all the work he is doing on the project. He does not want staff to feel like Council does not think this is important, but he has confidence in staff to handle the project. 13 Mr. Hare asked if we could postpone the review of the Financial Report for February 2013 to the April 16, 2013 meeting and made a motion to that effect. The motion was seconded by Vice Mayor Nance and carried by the following vote, with all members voting: Vote 4-0; Yeas (4) – Altice, Hare, Nance, Grose; Nays (0); Absent (1) - Adams. Approved postponing the review of the Financial Report for February 2013 to the April 16, 2013 meeting Vice Mayor Nance commented that he feels this Town is blessed to have Mr. Grose as the Mayor and he appreciates his passion and his principles. Vice Mayor Nance made a motion to adjourn the regular meeting; the motion was seconded by Mr. Hare and carried by the following vote, with all members voting: Vote 4-0; Yeas (4) – Altice, Hare, Nance, Grose; Nays (0); Absent (1) - Adams. The regular meeting was adjourned at 9:14 p.m. Regular meeting adjourned Under the Work Session, the Town Manager began with comments regarding the employee benefits and compensation for the FY2014 budget. First, he commented that our health insurance premiums will increase 9.76% this year, which is the first significant increase in five years. The recommendation is to keep the same allocation between employee and employer. The additional employee cost will range from $8 per month for employee only and up to $70 more per month for the family plan. The next issue is how we compensate our employees. This past year we were very successful in providing a 2.25% salary increase on top of the 5.75% VRS reallocation. This was the first raise since 2008 for our employees. The Town Manager made further comments and indicated that there are options, if Council so desires, to compensate our employees with a raise and/or a merit type of bonus. We want to entertain the perspective of Council and answer any questions so as we go through the budget process we will know how to address and focus on some of our efforts. Council Members made comments on retaining good staff and the pros and cons of providing a raise as opposed to a bonus. We need to stay competitive in our market and are still able to hire at our current salary rates, but how long will it last. Mr. Hare solicited comments from the leadership team present at the work session. The Town Manager commented that there is probably room in our current budget for a merit bonus because of salary savings. However, we need to make sure all of our revenues come in as projected. 14 The Mayor commented in closing that all of Council realizes that we should do something and it now becomes not just a financial consideration, but a way to show appreciation for our staff. The Town Manager commented that Roanoke County has finalized the contract with the architects for the library and we are on track to have the first public meeting on April 18th. The work session ended at 9:35 p.m. APPROVED: ________________________________ Bradley E. Grose, Mayor ATTEST: ___________________________________ Susan N. Johnson, Town Clerk 1 MINUTES OF A COUNCIL IN THE NEIGHBORHOOD MEETING OF VINTON TOWN COUNCIL HELD AT 6:30 P.M. ON TUESDAY, APRIL 16, 2013, AT THE CRAIG AVENUE RECREATION CENTER, 900 CHESTNUT STREET, VINTON, VIRGINIA. MEMBERS PRESENT: Bradley E. Grose, Mayor William W. Nance, Vice Mayor I. Douglas Adams, Jr. Matthew S. Hare MEMBER ABSENT: Robert R. Altice STAFF PRESENT: Christopher S. Lawrence, Town Manager Susan N. Johnson, Executive Assistant/Town Clerk Elizabeth Dillon, Town Attorney Ryan Spitzer, Assistant to the Town Manager Ben Cook, Police Chief Mark Vaught, Police Lieutenant Christopher Linkous, Fire/EMS Captain Chad Helms, Fire Lieutenant Barry Thompson, Finance Director/Treasurer Gary Woodson, Public Works Director Joey Hiner, Assistant Public Works Director Anita McMillan, Planning & Zoning Director Stephanie Dearing, Human Resources Director Kevin Kipp, War Memorial Facility Manager The Mayor opened the meeting at 6:30 p.m. and welcomed everyone in attendance. Joseph Banks of 315 Franklin Avenue asked about the plans to upgrade the sewer line that runs through Franklin Avenue. He stated that several times it has backed up into his brother’s basement. His brother’s name is Ronald Banks, 313 Franklin Avenue and he furnished his contact number to Mr. Woodson, Public Works Director, for follow up. Diane Childress of 130 Craig Avenue asked what time Banks Park is supposed to close. Harriet Childress responded that it is between 10 and 11 p.m. Vice Mayor Nance asked if there were issues after closing time and she responded yes. Chief Cook responded that his officers will check on the matter and she responded that more security is needed there after 11 p.m. James Wright of 101 Giles Avenue asked about plans for the buzzard situation. He said at times his roof is completely covered with buzzards. The Town Manager responded that they have created a problem in the Town for several years, but they are a federally protected species. They were at the old William Byrd High School and now they are at the Public Works facility and obviously in the Gladetown neighborhood. Public Works has taken some measures to keep them from roosting. Lieutenant Vaught commented that a device which makes a lot of noise has been used to try and scare them away. Mr. Wright 2 commented that he just put a new roof on his house last year and Yvonne Childress mentioned they are a problem on Craig Avenue as well. The Town Manager indicated that citizens can call his office or the Police Department when they see them in the neighborhood. Mr. Hare asked the group what they think about the car repair service on 2nd Street. Diane Childress responded that it causes a problem with traffic flow because cars are parked in the road. Harriet Childress commented on the traffic on 2nd Street and the U-Haul trucks that are parked there. Diane Childress also commented about the rental of U-Hauls from that business operated by Mr. Overstreet and Mr. Hare asked if he was allowed to do that. Anita McMillan, Planning & Zoning Director, responded that this is allowed and that staff continues to meet with him regarding the parking of his vehicles in the right-of-way. Harriet Childress commented on the stop sign at the intersection of Augusta and North Pollard and the fact that drivers treat it as a yield sign. At this time, all of Town staff, Council and the visitors present introduced themselves. James Wright asked why we now have a moment of silence as part of the meeting instead of prayer. The Mayor responded that based on recent controversy and lawsuits on the issue of prayer, this Council carefully considered all of the different approaches it could take along with the advice of our Town Attorney. Council agreed that the moment of silence best served our community in that it gives everyone the opportunity to pray in a way that they see fit. Mr. Hare, Vice Mayor Nance and Mr. Adams also expressed their personal feelings about the issue, but confirmed their support of the decision made by Council as a whole. The Mayor called the regular meeting to order at 7:00 p.m. The Town Manager called the roll with Council Member Adams, Council Member Hare, Vice Mayor Nance and Mayor Grose present. Roll call The Mayor introduced the Moment of Silence and Diane Wright led the Pledge of Allegiance to the U.S. Flag. Mr. Adams made a motion to approve the consent agenda as presented; the motion was seconded by Vice Mayor Nance and carried by the following vote, with all members voting: Vote 4-0; Yeas (4) – Adams, Hare, Nance, Grose; Nays (0) – None; Absent (1) - Altice. Approved minutes of Special Budget Work Sessions of March 28 and 29, 2013 Vice Mayor Nance read a letter from Chief Cook naming Police Officer Daniel King as Officer for the month of March 2013. 3 The next item on the agenda was a Proclamation for Arbor Day. The Mayor commented that the Arbor Day Celebration will be held on Friday, April 26th, at the Municipal Building. The planting will be a new Town Christmas tree and trees adjacent to the drive-thru. The preschool department from Thrasher United Methodist Church will participate in the event. The Mayor then read the proclamation. The next item was a Proclamation for National Volunteer Week. Mr. Hare read the proclamation. Following that, Kevin Kipp, War Memorial Facilities Manager, commented that the William Byrd High School Band will be recognizing our volunteers by name during the Dogwood Festival and will have some banners displayed. Council was handed a sample lapel pin that we will be presenting to our volunteers at a Luau at the Vinton Pool on May 31st. The next item was a Proclamation for National Public Safety Telecommunicators Week. The Roanoke County Emergency Communications Center serves the Town and Bill Hunter, Communications and IT Director from Roanoke County made brief comments. He expressed appreciation to the Town for being recognized in this way. Seven of the over 40 Telecommunicators were present. Mr. Adams read the proclamation and presented it to Mr. Hunter. Mr. Hunter invited everyone to an open house at the 911 Center on Saturday, April 20th from 1-3 pm. Chief Cook also expressed his appreciation and then the group introduced themselves. The next item was acceptance of the AVA Digital Award, 2013 Gold Winner, for the Town’s website. The Mayor commented that the Town was one of 12 winners out of 2,000 entries and then mentioned the members of our Website Design Team. The next item, not on the agenda, was a Proclamation recognizing April 16, 2013 as the sixth anniversary of the Virginia Tech Remembrance Day. As the group stood, the Town Manager commented that he is honored to read the Proclamation because he is a graduate of Virginia Tech and was working in Blacksburg the day of the tragic event. He then read the Proclamation. The next item was to consider adoption of a Resolution approving the 2013-2014 operating budget for the Roanoke Valley Regional Cable Television Committee. Elaine Bays- Murphy began with background information regarding RVTV Channel 3. The operational budget is based on the amount of Cox subscribers in each locality. The Town’s share of the upcoming budget is 4%. This past year they produced the High Ground Anniversary event; completed several PSAs including the Dogwood Festival, the Farmer’s Market and several of the Town’s website PSAs. Three shows—Roanoke County Today, 4 Roanoke County Business Partners and Accent Excellence also feature the Town. The total operating budget request is $382,917 and the Town’s 4% will be $15,317, which is a decrease from last year of $2,873. Mr. Hare asked about the use of surplus funds last year. Ms. Murphy-Bays responded that the Committee established a policy of a $15,000 cap on the surplus funds and they will not draw from those funds for the upcoming budget year. Mr. Hare asked if we have less Cox subscribers, how are the messages getting out to those people and the response was social media through websites, Facebook, Twitter and U-Tube, for example. Mr. Hare asked if we have RVTV linked to our website and the Town Manager commented that we will check on it. Vice Mayor Nance made a motion to adopt 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, Hare, Nance, Grose; Nays (0); Absent (1) - Altice. Adopted Resolution No. 2011 approving the 2013-2014 operating budget for the Roanoke Valley Regional Cable Television Committee The next item was to consider a Resolution approving the 2013-2014 operating budget of the Roanoke Valley Resource Authority. Council had already been briefed in detail at their April 2nd meeting. Dan Miles, Executive Director, presented the total operating budget request of $8,237,335 and made brief comments. This budget does include a $2 per ton increase. Mr. Hare asked what prompted the Board to get rid of the wood mulch sales. Mr. Miles responded that because of a fluctuation at the mulch site, sometimes not enough and sometimes too much, a decision was made to put the commercial sales of the mulch out for bid. Based on two bids they received, it was decided to sell the mulch commercially to one vendor, but still provide the free mulch to residents. After further comments, Mr. Hare made a motion to adopt 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, Hare, Nance, Grose; Nays (0); Absent (1) - Altice. Mr. Miles indicated that the Town’s portion of this budget is $168,000. Adopted Resolution No. 2012 approving the 2013-2014 operating budget for the Roanoke Valley Resource Authority The next item was to consider adoption of a Resolution authorizing the Town Manager to execute an Extraterritorial Arrest Agreement between the Town, Roanoke County, Roanoke City and the City of Salem. Chief Cook commented that all of the other localities have approved this Agreement. The Agreement will give every officer in each locality the authority and ability to enforce laws in each other’s jurisdiction. This will allow an officer who is actively investigating a crime to 5 continue into another jurisdiction without having to wait on officers in that locality to assist. It will also allow assistance from neighboring jurisdictions to conduct special enforcement operations. Vice Mayor Nance made a motion to adopt the Resolution as presented; the motion was seconded by Mr. Hare and carried by the following roll call vote, with all members voting: Vote 4-0; Yeas (4) – Adams, Hare, Nance, Grose; Nays (0); Absent (1) - Altice. Adopted Resolution No. 2013 authorizing the Town Manager to execute an Extraterritorial Arrest Agreement between the Town, Roanoke County, Roanoke City and the City of Salem The next item was a briefing on the purchase of a 250/300 KW Mobile Diesel Generator. The Town Manager first commented that this purchase is two-fold, (1) to replace the generator at the 3rd Street Sanitary Sewer Lift Station, and (2) to have a generator that can be mobilized at other Town facilities in the event of an electrical power outage for emergency backup support. Mr. Woodson next reviewed a Power Point presentation. All of our three existing lift stations are required to have backup generators. Niagara was done about four years and the other was done about 10-12 years ago. The 3rd Street lift station generator has been there for 20 plus years and we can no longer get parts. This Mobile Diesel Generator is proposed to be utilized at any of our 10 wells or any of our three booster pump stations. For an example, in an emergency situation if the whole Town lost power, we could actually connect to the Bush 2 well and supply water to the entire Town. In response to a question, Mr. Woodson responded that it is proposed to set up a connection point at the wells and booster pump stations for easy connection of the generator. He reviewed the specifications for the generator. The estimated cost received three years ago for a fixed generator was $60,000 and we projected the cost today to be $65,000. However, we contacted a vendor and were told we could get a fixed generator for $55,000. The cost estimate of getting the mobile unit is $85- 125,000. The increase in the cost is due to a new EPA Tier 4 Emissions compliance requirement on all non-road diesel engines. In addition the projected additional cost to connect all sites would be $5-7,000. In summary, Mr. Woodson commented that a fixed unit would be less expensive and would replace the one at the 3rd Street Station. If a mobile unit was purchased, it could be used throughout the Town for various emergency situations. Mr. Adams asked what cost was involved last summer when we rented a generator. The Town Manager explained that when the Governor declared a State of Emergency that opened State funding for emergency management. We then declared our State of Emergency and VDEM handled the rest with no cost to the Town. 6 Vice Mayor Nance asked if this would be a replacement for the one on 3rd Street or a backup for that one until it is no longer operational. Mr. Woodson responded that if we purchased the mobile unit, it would be a backup. Vice Mayor Nance then commented on paying $70,000 more for the mobility, but the mobility disappearing as soon as the old one fails. So, do we buy the fixed one and then a smaller second generator to give the flexibility we need at some of the other pump stations? Mr. Woodson then commented that if Council decides to proceed with the mobile generator and we have an incident for whatever reason, such as a power loss, we will have a generator capable of handling the outage. The 3rd Street generator may continue to run for five more years. However, if it fails and the repairman can repair it again, the proposed generator will keep it running long enough for the repair to be made. In response to a question about the size of the current generator at 3rd Street, it is not as large as the one proposed. Mr. Woodson suggested that it be sent out for bid as proposed with an option for a fixed unit and see during the bid process what kind of numbers come back. Vice Mayor Nance asked Mr. Woodson if he would consider this generator a priority not only for day-to-day operations but also for emergency operations. Mr. Woodson responded that this is a public safety issue and would be the best investment over any other item in his department for the betterment of the Town. After further comments, Mr. Hare indicated the most important issue is to have a backup system for the 3rd Street station. He would suggest replacing the 3rd Street generator with a permanent generator to eliminate the risks and to possibly put another mobile unit at Bush 2 for a backup. The Town Manager summarized by saying that Council has been presented with the scenario of where we are, what the options are and now staff can put together some proposals and bring back to Council for further consideration. Mr. Woodson further commented on purchasing two permanent generators as opposed to a mobile unit which has more flexibility. Mr. Hare asked if it would be possible to have a switch at the 3rd Street Station that would automatically turn over to the new generator if the old one failed and the response from Mr. Woodson was that he would follow up and report back. The next item was to consider nominations for the 2013 VML Policy Committees. After comments from the Mayor, the following nominations were read – Community & Economic Development – Mr. Adams and Christopher Lawrence; Environmental Quality – Mayor Grose and Anita McMillan; Finance – Mr. Hare and Barry Thompson; General Laws – Vice Mayor Nance and Transportation – Mr. Altice and Gary Woodson. Mr. Adams made a motion to accept the nominations 7 as read; 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, Hare, Nance, Grose; Nays (0); Absent (1) - Altice. The Mayor expressed thanks for those in attendance and to the Craig Center staff and Town staff for their work in preparing for and attending the meeting. He also invited everyone to the first public meeting on the proposed Vinton Library Branch on April 18th at the War Memorial at 7:00 p.m. Accepted nominations for the 2013 VML Policy Committees Mr. Hare made brief comments on the financial report for February 2013. We are on track where we should be in the General Fund and slightly above our target. From a cash standpoint we are up $200,000 cash in the Bank from last month. Our expenditures are down, but a lot of that relates to timing issues. He then commented briefly on the Utility Fund and the new format for revenue comparisons in the report. Mr. Hare moved that Council approve the February 2013 financial report; 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, Hare, Nance, Grose; Nays (0); Absent (1) - Altice. Approved the February 2013 financial report Comments from Council Members: Mr. Hare asked for an update relating to the fireworks for the July 4th celebration. The Town Manager responded that Mary Beth Layman is collecting the information and will make a report to Council at the April 30th Special Meeting. The options relate to costs. Ms. Layman is also researching the option of setting off the fireworks at Herman L. Horn School, but not for this year. Mr. Hare next asked for an update on the email to Council regarding the EPA notice of violation. The Town Manager responded that Ms. McMillan is gathering all the information to make a response and he is very confident that we will be able to resolve the issues with either more documentation or some training which is acceptable to the EPA. Mr. Hare then asked about the email regarding submitting our transportation priorities to the MPO Committee for funding and why we chose the Greenway as our first priority. The Town Manager responded that when staff reviewed the 10 criteria for this federal transportation funding, the biggest one is a project of a regional benefit. In considering every project we have in the Town that would help our region and applying all the other criteria, we considered what would make the most competitive application. After talking to our neighboring localities, the number one project that serves our entire region is the Greenway system. Since the Town does not have a connection to the regional Greenway system because of the creek between us, we 8 elevated our Greenway bridge project to compete on the coat tails of the regional Greenway project, which has a huge amount of support. Other projects we listed are Walnut Avenue improvements such as sidewalks, striping, pedestrian crosswalks and bicycle lanes and a Phase 2 to Walnut Avenue. At this point we need a consensus from Council to proceed with our submittal. The four local localities have been asked to write a letter in support of the Greenway System and we need the consensus of Council as well. Mr. Hare commented that this bridge would connect the Glade Creek Greenway across to Tinker, but how does that bridge connect the rest of the Town to Roanoke County. Ms. McMillan responded that the connection to Tinker Creek goes all the way to the Roanoke River. The Town Manager commented that there is a gap for people in the Fallen Creek, Wolf Creek and Lindenwood sections of Town and then explained how you can walk through the Town by using sidewalks, etc. and connect to the future Glade Creek Greenway. Mr. Hare asked if we should have the Greenway Commission also write a letter of support and Ms. McMillan said she would contact Liz Belcher. The Greenway Commission has also indicated their support of our submittal of the pedestrian bridge project. The Town Manager indicated he would also put in the same letter information regarding the need for the pedestrian bridge to connect the Town. Mr. Hare moved that Council approve the submittal of the four projects from the Town to the MPO and submittal of a letter of support for the Greenway system along with asking the Greenway Commission to send a letter of support for our pedestrian bridge project; the motion was seconded by Mr. Adams and carried by the following vote, with all members voting: Vote 4-0; Yeas (4) – Adams, Hare, Nance, Grose; Nays (0); Absent (1) - Altice. Approved submittal of application to the MPO Committee along with letter of support for the Greenway system Vice Mayor Nance expressed his appreciation to those attending the meeting. Also, the Vinton Baptist Youth worked throughout the Town on Saturday doing volunteer projects such as the exterior wall on Angelo’s, helped at the Rescue Mission, Manna Ministries and also the Charity Cottage. Mr. Adams also expressed thanks to the citizens who attended the meeting. Ms. McMillan mentioned the Earth Day Celebration to be held on Saturday, April 20th in Grandin Village area in Roanoke City. Mr. Adams moved that the regular meeting be adjourned, the motion was seconded by Mr. Hare and carried by the following vote, with all members voting: Vote 4-0; Yeas (4) – Adams, Hare, Nance, Grose; Nays (0) – None; Absent (1) - Altice. The regular meeting was adjourned at 9:11 p.m. Regular meeting adjourned 9 The work session began at 9:15 p.m. with a review of the Town’s Manager’s goals--carrying out the two-year strategic goals for set by Council and coordinating with Roanoke County to relocate our current Laserfiche Document Imaging system to the new network server and to implement this program in the Planning and Finance departments. Also, during this process we will be transferring all the police car videos to the network for backup purposes. The Town Manager then commented that we reduced our budget $2,500 and have included an increase of $1,500 in training/travel for him to attend a National ICMA Conference in Boston for begin work on his Credential Manager certification. The next year it will be in Charlotte, North Carolina. In Building and Grounds, the Health Department budget was increased $7,000 which reflects costs of utilities paid by Town and reimbursed by tenants. The Advancement Foundation is interested in renewing their lease for the upstairs area which will be brought back to Council for approval. Postage was increased $4,500 and capital outlay of $12,000 to replace the earlier mentioned file server and upgrade the Laserfiche system. The Town Manager reminded Council of the Special Meeting on April 30th at 6:00 p.m. primarily to focus on the water and sewer rate increases. He then provided Council a comparison of the proposed salary increases of the adjoining localities. The Work Session was adjourned at 9:37 p.m. Work Session adjourned at 9:37 p.m. APPROVED: ________________________________ Bradley E. Grose, Mayor ATTEST: ___________________________________ Susan N. Johnson, Town Clerk Meeting Date May 7, 2013 Department Police Department Issue Presentation of the 2012 Super Star Award by the Virginia Department of Emergency Management to Shirley Patsel. Summary Each year, the Virginia Department of Emergency Management recognizes individuals who contribute significantly to the cause of public safety and serving the citizens of the Commonwealth. There are citizen awards called Superstar awards that recognize volunteers who play important roles in their community. Ms. Shirley Patsel was nominated by the Vinton Police Department to receive the award for police department service through citizen support/volunteerism. Shirley was selected as the 2012 award recipient for the Commonwealth of Virginia in this category. A representative of VDEM will be present at the meeting to make this presentation. Attachments None Recommendations Recognition of Ms. Patsel Town Council Agenda Summary Meeting Date May 7, 2013 Department Administration Issue Presentation by the Roanoke Valley Preservation Foundation in celebration of National Historic Preservation Month. Summary George Kegley, a Board member of The Roanoke Valley Preservation Foundation (RVPF) will be present to make a brief presentation in celebration of National Historic Preservation Month (May) and to cover the benefits of preserving our area's historic and natural resources. The RVPF would also like to invite Council to the RVPF's 25th Birthday Celebration being held on May 23 at the History Museum of Western Virginia. A packet will be distributed to all Council members at the meeting to include the RVPF’s statement, a guide to the economic benefits of preservation, a brochure on the Roanoke Valley Preservation Foundation, and an invitation to the May event. Attachments None Recommendations No action required Town Council Agenda Summary Meeting Date May 7, 2013 Department Public Works Department Issue Proclamation – National Drinking Water Week Summary During the first full week of May, we observe National Drinking Water Week, an educational campaign to help people understand what it takes to ensure safe drinking water. Citizens can help ensure an adequate supply of water, now and for the future, if we simply make a conscious effort to use water wisely. Attachments Proclamation Recommendations Announce observation of National Drinking Water Week Town Council Agenda Summary Meeting Date May 7, 2013 Department Police Department Issue Proclamation for National Police Week Summary In 1962, President John F. Kennedy declared May 15 as Peace Officers Memorial Day, and the week in which it falls as National Police Week. We would like to recognize our law enforcement officers that serve the Town with a proclamation which recognizes National Police Week. Attachments Proclamation Recommendations Read Proclamation Town Council Agenda Summary PROCLAMATION WHEREAS, the Congress and President of the United States have designated May 15 as Peace Officers Memorial Day, and the week in which it falls as National Police Week; and WHEREAS, the members of the Vinton Police Department play an essential role in safeguarding the rights and freedoms of the citizens of the Town of Vinton; and WHEREAS, it is important that all citizens know and understand the problems, duties and responsibilities of their police department, and that members of our police department recognize their duty to serve the people by safeguarding life and property, by protecting them against violence or disorder, and by protecting the innocent against deception and the weak against oppression or intimidation; and WHEREAS, the Vinton Police Department has grown to be a modern and scientific law enforcement agency and provides a vital public service. NOW, THEREFORE, I, Bradley E. Grose, Mayor of the Town of Vinton, and on behalf of Town Council and all our citizens, do hereby proclaim May 12, 2013 to May 18, 2013 as “NATIONAL POLICE WEEK” in the Town of Vinton and call upon all citizens of the Town of Vinton and surrounding areas that are served by the Vinton Police Department to observe this week and to join Town Council in recognizing officers for their faithful and loyal devotion to duty and dedicated service to their community. IN WITNESS WHEREOF, I have set my hand and caused the seal of the Town of Vinton, Virginia to be affixed on this 7th day of May, 2013. ____________________________________ Bradley E. Grose, Mayor Meeting Date May 7, 2013 Department Planning and Zoning Issue Conduct a Public Hearing to consider public comments regarding a proposed Ordinance to amend Appendix B, Zoning, Article IV, District Regulations, Division 8, M-1 Limited Industrial District, of the Vinton Town Code. Summary During Town Council work session held on March 5th, members were briefed of the need to amend the Town’s zoning ordinance to conform and be consistent with the Code of Virginia. Town Council was provided with information pertaining to the amount of time that a towing company must hold a vehicle prior to taking possession of it. Per the Code of Virginia, a towing company must hold a vehicle no less than 60 days prior to attempting to take possession of the vehicle. The proposed amendment would allow a vehicle to be stored in an impound lot for up to ninety (90) days. On April 11th, the Planning Commission held a public hearing to consider comments regarding the proposed amendment and voted unanimously to recommend approval of the proposed ordinance to amend Appendix B, Zoning, Article IV. Attachment Ordinance Recommendations Conduct Public Hearing Motion to adopt Ordinance Town Council Agenda Summary 1 ORDINANCE NO. ___ AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL, HELD ON TUESDAY, MAY ____, 2013, AT 7:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA. AN ORDINANCE to amend section 4-40(b) of Appendix B, Zoning, Article IV, District Regulations, Division 8, M-1 Limited Industrial District, of the Vinton Town Code for the purpose of increasing the length of time that vehicles may be stored in storage lots that are permitted as a special use; and providing for an effective date. BE IT ORDAINED by the Town Council of the Town of Vinton that section 4-40(b) of the Vinton Town Code, Appendix B, Zoning, Article IV, District Regulations, Division 8, M-1 Limited Industrial District, is hereby amended and reenacted as follows: APPENDIX B - ZONING ARTICLE IV. – DISTRICT REGULATIONS DIVISION 8. - M-1 LIMITED INDUSTRIAL DISTRICT * * * Sec. 4-40. - Permitted uses and structures. * * * (b) Special uses. The following uses and structures are permitted in the M-1 limited industrial district, subject to approval of a special use permit by the town council as set forth in article VII of this appendix: (1) Any use or structure permitted by special use permit in the GB general business district as set forth in section 4-29 (b) of this appendix. (2) Truck stops. (3) Storage lots for the parking of motor vehicles which are being held in the custody of a law enforcement agency or financial institution, but not including automobile graveyards, and provided that individual vehicles shall not be stored for periods exceeding 30 90 days. (4) Adult bookstores, adult video stores, adult drive-in theaters, adult entertainment establishments, adult minimotion picture theaters, adult model studios, adult motion picture arcades and adult motion picture theaters as defined in section 5-58 of this ordinance. This ordinance shall take effect upon passage. 2 This Ordinance adopted on motion made by Council Member ________________ and seconded by Council Member ____________________, with the following votes recorded: AYES: NAYS: APPROVED: __________________________________ Bradley E. Grose, Mayor ATTEST: ____________________________________ Susan N. Johnson, Town Clerk Meeting Date May 7, 2013 Department Administration Issue Consider adoption of a Resolution authorizing the Town Manager to execute a Quitclaim Deed between the Virginia Department of Transportation and the Town conveying all of the right of way and permanent easements on Project U000-149-102, RW201 (Gus W. Nicks Boulevard) to the Town of Vinton. Summary In the mid-80’s, the Town of Vinton partnered with VDOT to widen Gus Nicks Blvd. and Washington Ave. As part of this major road project, rights of way were deeded to VDOT to allow them to have ownership and acquisition authority to widen the RoWs and expand the road from two lanes to four lanes. As part of the project close out, all RoWs should have been deeded back to the Town of Vinton. Through VDOT and our research, it has come to our attention that there is no legal deed conveying these RoWs to the Town. The RoWs are still valid and owned by the government, but no legal document has been recorded to clearly state it is the Town’s. Therefore, VDOT has developed the corresponding Quitclaim Deeds to be approved by Town Council and recorded at the Roanoke County Courthouse. Attachments Quitclaim Deed Resolution Recommendations Motion to adopt Resolution Town Council Agenda Summary RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, MAY 7, 2013, AT 7:00 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 the Virginia Department of Transportation (VDOT) Gus W. Nicks Boulevard Improvement Project U000-149-102, RW201, by Resolution No. 619 dated June 19, 1979; and WHEREAS, the roadway project was completed by VDOT; however, all the project right of way and permanent easements were never conveyed back to the Town of Vinton; and WHEREAS, VDOT and/or its authorized agent wishes to convey said right of way and easements by a Quitclaim Deed dated March, 4, 2013, between VDOT and the Town of Vinton, which has been prepared and reviewed by the Town Attorney. NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby approve said Quitclaim Deed and does hereby authorize the Town Manager to execute the same and any other necessary documents, all such documents to be approved as to form by the Town Attorney. 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 May 7, 2013 Department Administration Issue Consider adoption of a Resolution authorizing the Town Manager to execute a Quitclaim Deed between the Virginia Department of Transportation and the Town conveying all of the right of way and permanent easements on Project U000-149-105, RW201 (Washington Avenue) to the Town of Vinton. Summary In the mid-80’s, the Town of Vinton partnered with VDOT to widen Gus Nicks Blvd. and Washington Ave. As part of this major road project, rights of way were deeded to VDOT to allow them to have ownership and acquisition authority to widen the RoWs and expand the road from two lanes to four. As part of the project close out, all RoWs should have been deeded back to the Town of Vinton. Through VDOT and our research, it has come to our attention that there is no legal deed conveying these RoWs to the Town. The RoWs are still valid and owned by the government, but no legal document has been recorded to clearly state it is the Town’s. Therefore, VDOT has developed the corresponding Quitclaim Deeds to be approved by Town Council and recorded at the Roanoke County Courthouse. Attachments Quitclaim Deed Resolution Recommendations Motion to adopt Resolution Town Council Agenda Summary RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, MAY 7, 2013, AT 7:00 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 the Virginia Department of Transportation (VDOT) Washington Avenue Improvement Project U000-149-105, RW201, by Resolution No. 752 dated May 5, 1987; and WHEREAS, the roadway project was completed by VDOT; however, all the project right of way and permanent easements were never conveyed back to the Town of Vinton; and WHEREAS, VDOT and/or its authorized agent wishes to convey said right of way and easements by a Quitclaim Deed dated February 25, 2013, between VDOT and the Town of Vinton, which has been prepared and reviewed by the Town Attorney. NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby approve said Quitclaim Deed and does hereby authorize the Town Manager to execute the same and any other necessary documents, all such documents to be approved as to form by the Town Attorney. 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 May 7, 2013 Department Police Department Issue Consider adoption of a Resolution appropriating $6,323.00 received from Byrne Justice Assistance Grant from the Department of Criminal Justice and the Town’s required $632.00 match for a surveillance system and cameras. Summary The Police department has received notification of Byrne Justice Assistance Grant approval from The Department of Criminal Justice Services in the amount of $6,323.00 and would like to purchase a Surveillance system to install in the police department to include cameras in the booking room, main foyer/entry to the Municipal Building, Sally port and the hallway from booking to the police department entrance. This system will also tie into the cameras currently in place outside of the Municipal building. Grant funds were allocated to the Police department from DCJS. These funds are limited to the purchase of certain categories of expenses and the department has elected to use these funds to install security surveillance cameras, which will greatly enhance officer safety and building security. There is a match of $623.00 which will be taken out of line item 200.3101.304 Materials and supplies. 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, MAY 7, 2013 AT 7:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA WHEREAS, the Town of Vinton Police Department strives to keep all essential programs updated and operational, and WHEREAS, the surveillance system for the interior and exterior areas of the building is not in working order, and camera’s need to be added, and WHEREAS the Town of Vinton Police Department has received a Byrne Justice Assistance Grant (BJAG) from the Department of Criminal Justice in the amount of $6,323.00, to purchase a surveillance system and cameras, and WHEREAS, the Federal Funds are in the amount of $5,691.00 with the Town of Vinton’s match in the amount of $632.00, and WHEREAS, the Police Department requests the matching amount of $632.00 to be funded from the Maintenance & Repairs line item in the Police Department Budget and transferred to the BJAG Grant Account. NOW THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Vinton does hereby approve the use of Maintenance & Repairs funds for the matching funds. From: General Fund (200) Revenue Account 200-2404-045 BJAG Grant $5,691.00 To: General Fund (200) Expenditure Account 200-3105-335 BJAG Grant Account $5,691.00 Transfer From: Expenditure Account 200-3101-304 Police Dept –Material & Supplies $ 632.00 To: Expenditure Account 200-3105-335 BJAG Grant Account $ 632.00 TOTAL $6,323.00 This Resolution adopted on motion made by Council Member, _____________________, seconded by Council Member _________________________, with the following votes recorded: AYES: NAYS: APPROVED: Bradley E. Grose, Mayor ATTEST: Susan N. Johnson, Town Clerk Meeting Date May 7, 2013 Department Finance/Treasurer Issue Financial Report for March 2013 Summary The Financial Report for the period ending March 31, 2013 has been placed in the Town’s Dropbox. The Finance Committee will meet on Monday, May 6, 2013 at 5:30 pm to discuss the report and will make a presentation of the report to Council during the Council Comment Section of the Regular Meeting. Attachments Report in Financial folder in Dropbox Recommendations Motion to approve the Financial Report Town Council Agenda Summary Meeting Date May 7, 2013 Department Public Works Issue Briefing on Refuse Collection – 3rd Street Dumpster Survey Summary Public Works will provide a briefing on the utilization of the 3rd street dumpsters during the month of April. Council will need to take under consideration the future funding and operational necessity of the 3rd street dumpster program for refuse pick up. Attachments PowerPoint Presentation Recommendations No action required Town Council Agenda Summary TOWN OF VINTON SATELLITE SOLID WASTE SURVEY APRIL 2013 Visitors Survey Results Purpose: To Collect Data from Visitors Utilizing the Satellite Solid Waste Site at 804 Third Street When: April 2013 Saturday & Sunday 9:00 AM – 3:00 PM How: Public Works Employee on Site Visitor Participation Was Optional Number of Participants Surveyed: 58 Visitors Survey Results Where are you from? Vinton – 93% What items are being disposed of? Household Waste – 93% How did you find out about this service? Saw it for themselves – 81% Visitors Survey Results How frequently do you utilize this service? Weekly – 48% More than once a week – 21% Monthly – 22% How important is this service to you? Extremely – 66% Very – 24% How would you rate our service to you? Superior – 41% Excellent – 38% Do you want this service to continue? Yes – 100% Dumpster Results Total Dumpsters Emptied – 30 Volume in Dumpster – 80% of the Dumpsters Were Full Full – 24 ¾ Full - 2 ¼ Full – 3 Empty - 1 Dumpster Results Total Dumpsters Emptied During the Month was 30 Out of the 30 Dumpsters: 27 Contained Household Items 17 Contained Construction Material 14 Contained Furniture 7 Contained Brush TOWN OF VINTON SATELLITE SOLID WASTE SITE TOWN OF VINTON SATELLITE SOLID WASTE SURVEY Questions? 1 Meeting Date May 7, 2013 Department Planning and Zoning Issue Briefing on two proposed Memorandum of Understanding (MOU) between Roanoke County Board of Supervisors and the Vinton Town Council for: 1. Providing stormwater management plan review services to the Town of Vinton. 2. Providing stormwater management facilities post-construction inspection services to the Town of Vinton. Summary In March 2003, in compliance with the provisions of the EPA NPDES and VA State Water Control Law and Virginia Stormwater Management Program (VSMP) Permit Regulations, the Town was required to submit a Stormwater Management Program. The program was required in order for the Town to discharge its stormwater to the surface water such as streams, creeks, and eventually the Roanoke River. Each permit cycle covers a five-year period, and must be renewed every five years. A stormwater management program report must be submitted on an annual basis. Due to this mandate, and since 2003, Staff has continued to work cooperatively with Roanoke County staff on the implementation of the stormwater management program. Staff was involved in the development and adoption of the stormwater management and construction manuals with Roanoke County and City of Roanoke personnel in 2003, and has continued to be involved with the regional stormwater committee. Currently, through agreements between Roanoke County and Town of Vinton, the development and construction plans are being reviewed and approved by Roanoke County personnel for erosion and sediment control and building code compliance. Since February 1984, Roanoke County has been responsible for the erosion and sediment control program for the entire County area, including the Town of Vinton and East Roanoke County, which is in the Town of Vinton’s service area for water and sewer. In March 2003, the Town began having to use private Town Council Agenda Summary 2 engineering firms to review development plans for stormwater management regulations for quantity and quality compliance. This has been a concern expressed by business owners in the development community due to having a private competing engineering firm reviews and inspects another private engineer’s work. In August 2011, Town and County staff began discussing the possibility of Roanoke County providing stormwater services to the Town of Vinton. Staff prepared and forwarded drafts of the Memorandum of Understanding (MOU) for both of services to Mr. Tarek Monier, Roanoke County Community Development’s Director of Department Services. On February 20, 2013, a formal written request was sent to Mr. Clay Goodman, Roanoke County’s Administrator asking that the County consider providing to the Town of Vinton stormwater plan review services for quantity and quality code compliance, as well as inspecting stormwater management facilities in order to stay in compliance with the VSMP permit. On March 21, 2013, a meeting between County and Town administration and key personnel was held to discuss the services that the Town has requested from the County. The fee for each service is still being negotiated; however, Staff fully expects these services through the County will be less than our current private contract. Staff is hopeful that, by July 1, 2013, a fee schedule for each service will be confirmed and that the two MOUs can then be approved and signed by both the County and the Town. Attachments 1. Draft Memorandum of Understanding (MOU) between Roanoke County Board of Supervisors and the Town of Vinton Town Council for Providing Stormwater Management Plan Review Services to the Town of Vinton. 2. Draft Memorandum of Understanding (MOU) between Roanoke County Board of Supervisors and the Town of Vinton Town Council for Providing Stormwater Management Facilities Post-construction Inspection Services to the Town of Vinton. Recommendations No action required Stormwater Management Plan Review Services Page 1 MEMORANDUM OF UNDERSTANDING BETWEEN ROANOKE COUNTY BOARD OF SUPERVISORS AND THE TOWN OF VINTON TOWN COUNCIL FOR PROVIDING STORMWATER MANAGEMENT PLAN REVIEW SERVICES TO THE TOWN OF VINTON I. PARTIES AND PURPOSE This Memorandum of Understanding (MOU) is made and entered into this day of , 20 by and between the Board of Supervisors of the County of Roanoke, Virginia, a political subdivision of the Commonwealth of Virginia, hereinafter referred to as the “County”, and the Town Council of the Town of Vinton, a political subdivision of the Commonwealth of Virginia, hereinafter referred to as the “Town” for the purpose of providing stormwater management Plan Review services to the Town of Vinton. The Vinton Town Council recognizes that in order to maintain a high quality level of customer service to its development community and comply with federal, state, and local requirements of the stormwater management regulations, a close working relationship with the County is desirable and will be made possible through this MOU. II. SCOPE OF WORK The County and the Town desire to cooperatively work together to continue to provide an optimum level of customer service to the development community. Therefore, the Town is entering into this MOU to contract with the County Department of Community Development to provide stormwater management plan review services on an as-needed basis for the review of construction plans, concept stormwater management plans, site stormwater management plans and all or any documents including associated stormwater management reports related to the issuance of a development services permit. For the period hereinafter set forth, the County and Town will provide the necessary personnel, materials, services, facilities, funds, and otherwise perform all things necessary for or incidental to this MOU. A. Responsibilities of the Town Planning and Zoning Department: 1. Accept site and subdivision development plans and distribute for review and approval of Town and County departments; 2. Collect all fees associated with the project; 3. Submit payment to the County for the stormwater management plan review services as specified hereinafter; 4. Coordinate and attend pre-review, pre-construction and/or any needed meetings with all parties involved in the review and approval of the Plans; Stormwater Management Plan Review Services Page 2 5. Act as Plan Approval Authority and facilitate all appropriate and/or needed meetings; 6. Monitor the progress of the project in the field through County Inspection; 7. Collect, administer, maintain, reduce, and release site development surety necessary for all construction projects; and 8. Maintain all records (record keeping) for all projects. B. Responsibilities of the County Engineering Services Division: 1. Review concept and site stormwater management plans at the discretion of the Town and provide recommendations on whether a project proposal meets environmental site design to the maximum extent practicable; 2. Review construction plans as they pertain to stormwater; 3. Review stormwater management plan design revisions; 4. Review construction revisions to “issued permits”; 5. Provide conformity review for unissued projects due to ordinance, code or policy changes; 6. Review stormwater management plan and calculations; 7. Review all design calculations including stormwater management, hydraulic, hydrology, structural, mechanical (drain valves), etc.; 8. Review stormwater management plan studies; 9. Attend pre-review, pre-construction and/or any needed meetings with all parties involved in the review and approval of the site plans. When needed, a pre-construction meeting will be held on Thursdays; and 10. Plan reviewers shall be accessible during normal business hours to attend meetings and/or answer questions concerning comments generated as part of the review of plans, and any other documents submitted as part of the permit process. III. FEE AND PAYMENT For furnishing of services as specified herein, the Town shall pay the County a one-time fee per project as follows: 1. Site Plan – To be determined. 2. Subdivision Plan – To be determined. 3. Large Disturbance Permit (VSMP) – To be determined. IV. PERIOD OF AGREEMENT AND MODIFICATIONS This MOU will be effective for ONE year, commencing on the day of , 20 and terminating on the day of , 20 . The MOU may be modified, extended, or terminated at any time by mutual consent of the parties hereto, or may be terminated by either party by giving 90 days written notice to the other party. Stormwater Management Plan Review Services Page 3 V. APPROPRIATION All obligations of the Town of Vinton under this MOU that require the expenditure or payment of funds by the Town are subject to annual appropriations by the Vinton Town Council. IN WITNESS WHEREOF, the parties have executed this Memorandum of Understanding on the day, month, and year indicated: FOR ROANOKE COUNTY: B. Clayton Goodman, III Date County Administrator Roanoke County WITNESS: Date Print Name and Title: FOR TOWN OF VINTON: Christopher S. Lawrence Date Town Manager Town of Vinton WITNESS: Date Print Name and Title: Post Construction Inspection Services Page 1 MEMORANDUM OF UNDERSTANDING BETWEEN ROANOKE COUNTY BOARD OF SUPERVISORS AND THE TOWN OF VINTON TOWN COUNCIL FOR PROVIDING STORMWATER MANAGEMENT FACILITIES POST-CONSTRUCTION INSPECTION SERVICES TO THE TOWN OF VINTON I. PARTIES AND PURPOSE This Memorandum of Understanding (MOU) is made and entered into this day of , 20 by and between the Board of Supervisors of the County of Roanoke, Virginia, a political subdivision of the Commonwealth of Virginia, hereinafter referred to as the “County”, and the Town Council of the Town of Vinton, a political subdivision of the Commonwealth of Virginia, hereinafter referred to as the “Town” for the purpose of providing stormwater management facilities inspection services to the Town of Vinton. II. SCOPE OF WORK The Town is entering into this MOU to contract with the County, for the County Department of Community Development, to provide post construction stormwater management facilities inspection services and review all by request only, any documents including the associated stormwater management reports related to the maintenance of the stormwater facilities including ponds, Best Management Practices (BMPs), etc. For the period hereinafter set forth, the County and Town will provide the necessary personnel, materials, services, facilities, funds, and otherwise perform all things necessary for or incidental to this MOU. A. Responsibilities of the Town Planning and Zoning Department: 1. Provide and update, as needed, a list of the stormwater facilities including ponds, BMPs, etc. that need to be inspected. Inspection schedule will be reviewed and approved by the Town and County personnel. 2. Assume all the communication and enforcement of regulations with the owner/developer of the stormwater facilities including ponds, BMPs, etc. 3. Coordinate and attend any required and/or needed meeting(s) with owners and/or maintenance personnel of the stormwater facilities, BMPs, etc. B. Responsibilities of the County Engineering Services Division: 1. Perform necessary inspections of the stormwater facilities including ponds, BMPs, etc. once notification is received from the Vinton Planning and Zoning Department. Post Construction Inspection Services Page 2 2. Complete and provide a copy of the inspection report of the stormwater facilities to the Vinton Planning and Zoning Department. 3. Attend meetings with owner/developer and Vinton Planning and Zoning staff, when requested and/or needed. III. FEE AND PAYMENT For furnishing all services as specified herein, the Town shall pay the County a minimum fee of to be determined per hour per staff member with no less than to be determined per inspection (minimum two hours charge). Charges shall also apply to meetings, presentations, etc. as agreed and approved by both parties. IV. PERIOD OF AGREEMENT AND MODIFICATIONS This MOU will be effective for ONE year, commencing on the day of , 20 , and terminating on the day of , 20 . The MOU may be modified, extended, or terminated at any time by mutual consent of the parties hereto, or may be terminated by either party by giving 90 days written notice to the other party. V. APPROPRIATION All obligations of the Town of Vinton under this MOU that require the expenditure or payment of funds by the Town are subject to annual appropriations by the Vinton Town Council. Post Construction Inspection Services Page 3 IN WITNESS WHEREOF, the parties have executed this MOU on the day, month, and year indicated: FOR ROANOKE COUNTY: B. Clayton Goodman, III Date County Administrator Roanoke County WITNESS: Date Print Name and Title: FOR TOWN OF VINTON: Christopher S. Lawrence Date Town Manager Town of Vinton WITNESS: Date Print Name and Title: