Loading...
HomeMy WebLinkAbout5/21/2013 - Regular1 Vinton Town Council Regular Meeting Council Chambers 311 South Pollard Street Tuesday, May 21, 2013 AGENDA Consideration of: A. 7:00 p.m. - ROLL CALL AND ESTABLISHMENT OF A QUORUM B. MOMENT OF SILENCE C. PLEDGE OF ALLEGIANCE TO THE U. S. FLAG D. CONSENT AGENDA 1. Consider approval of minutes for Special Council meeting of April 30, 2013. E. AWARDS, RECOGNITIONS, PRESENTATIONS 1. Officer of the Month for April 2013 – Officer Christopher Froeschl 2. Proclamations a. Click It or Ticket b. National Emergency Services Week c. Public Works Week F. CITIZENS’ COMMENTS AND PETITIONS - This section is reserved for comments and questions for issues not listed on the agenda. G. PUBLIC HEARINGS 1. Consideration of public comments 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. (PUBLIC HEARING CANCELLED-APPLICATION WITHDRAWN BY APPLICANT) 2. Consideration of public comments on the issuance of general obligation bonds of the Town in the estimated maximum amount of $2,000,000 (the "Bonds") to finance the costs, in whole or in part, of various capital 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 improvements, which may include without limitation the Roanoke Regional Wastewater Plant, water line replacement Jefferson/Jackson/Cleveland Ave Phase 1 & 2, Glade-Tinker Creek Wastewater Interceptor Replacement Phase 2, capital equipment purchases and other capital improvements for the Town (collectively, the "Projects"), and to pay the costs of issuance of the Bonds. a. Report from Staff b. Open Public Hearing • Receive public comments • Close Public Hearing c. Council discussion and questions d. Action to be taken on June 4, 2013 3. Consideration of public comments on a request to revise Water and Wastewater Fees and Charges Schedule by an increase of 8.7 percent, pursuant to authority granted by Virginia Code §§ 15.2-2111. 15.2-2119 and 15.2-2122, according to the Vinton Town Code, Chapter 24, Utilities, Section 94-22 Fees and charges for water service and Section 94-74, Fees and charges for wastewater service. a. Report from Staff b. Open Public Hearing • Receive public comments • Close Public Hearing c. Council discussion and questions d. Action to be taken on June 4, 2013 4. Consideration of public comments on a request to increase an excise tax on the sale of cigarettes from $0.20 to $0.35 on each package containing 25 or fewer cigarettes. a. Report from Staff b. Open Public Hearing • Receive public comments • Close Public Hearing c. Council discussion and questions d. Action to be taken on June 4, 2013 5. Consideration of public comments regarding the proposed FY2013-2014 Town of Vinton Budget. a. Report from Staff b. Open Public Hearing • Receive public comments • Close Public Hearing c. Council discussion and questions d. Action to be taken on June 4, 2013 H. TOWN ATTORNEY 1. Consider adoption of a Resolution approving a settlement and authorizing the Town Manager to execute an Agreement with the Confederated Tribes 3 and Bands of the Yakama to resolve a lawsuit pending in federal court in the State of Washington. I. TOWN MANAGER ITEMS REQUIRING ACTION 1. Consider adoption of a Resolution authorizing the Town Manager to execute an agreement between the Town of Vinton and APCO granting and conveying an easement for poles to be relocated in connection with the Walnut Avenue Improvement Project 2. Consider adoption of a Resolution authorizing the Town Manager to execute a Contract with Redlee/SCS, Inc. for janitorial services for the Town’s facilities. BRIEFING 1. Briefing on purchase of new brush truck for the Vinton Volunteer Fire Department. J. MAYOR K. COUNCIL L. ADJOURNMENT 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: • June 4, 2013 – 6:00 p.m. – Work Session followed by Regular Council Meeting at 7:00 p.m. Meeting Date May 21, 2013 Department Town Clerk Issue Consider approval of minutes for the Special Council meeting of April 30, 2013. Summary None Attachments April 30, 2013 minutes Recommendations Motion to approve minutes Town Council Agenda Summary 1 MINUTES OF A SPECIAL MEETING OF VINTON TOWN COUNCIL HELD AT 6:00 P.M. ON TUESDAY, APRIL 30, 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 I. Douglas Adams, Jr. Matthew S. Hare MEMBER ABSENT: Robert R. Altice STAFF PRESENT: Christopher S. Lawrence, Town Manager Susan N. Johnson, Town Clerk Ryan Spitzer, Assistant to the Town Manager Barry Thompson, Finance Director/Treasurer The Mayor called the regular meeting to order at 6:00 p.m. The Town Clerk called the roll with Council Member Adams, Council Member Hare, Vice Mayor Nance, and Mayor Grose present. Mr. Altice was absent. Mr. Hare asked that we remember Mr. Altice during our Moment of Silence. After a Moment of Silence, Mr. Adams led the Pledge of Allegiance to the U.S. Flag. Roll Call The first item on the agenda was further review of the cost of Service Study/Water and Wastewater Rates. The Town Manager commented we need to hear from Council how they want to proceed regarding the water/wastewater rates and the amount of general obligation bond debt. Concerning the general obligation bond, we know the amount we are obligated to borrow for the Tinker Creek Wastewater Interceptor Project as well as our obligation to the Western Virginia Water Authority Wastewater Plant Project. The proposal in the rate study would be to borrow additional funds for some other capital projects to bring the total debt to $2 million. The projects were outlined in the prior presentation in April. The Town Manager summarized the projects to be funded by an additional $500,000 bond amount. One project is the Jefferson/Cleveland/Jackson waterline project. The cost to do Phases I and II would be approximately $300,000. Most of the waterlines in that area are two inch in diameter, which is fine for everyday use, but they do not function for institutional uses such as the old Roland E. Cook building and for needed fire suppression. Regarding the Roland E. Cook building, any developer could put a water tank on the property, at their expense, to handle fire protection. On a side note, the Town Manager commented that the new property owners of the Clearview Manor apartments 2 have applied for a permit to build a water tank, but they plan to put it inside a building. There are other waterlines in the Town on the five to ten year plan for replacement, but they are not as old as the Jefferson/Cleveland/Jackson system. Phase III of this project at a cost of $400,000 is shown in the CIP plan for 2016, which is the next two-year bond cycle. There is $85,000 of capital projects in the current budget that we feel we can afford with cash on hand. A backhoe/front end loader and three pickup trucks are on the schedule to be replaced and a five-year lease is proposed to be included in the total bond for these items. The Town Manager commented that we will have enough in this year’s utility fund to pay for the mobile generator discussed at the last meeting. In 2015 there is listed $550,000 in debt with the WVWA which is kept on their books and the Town’s rate will increase at that time to cover that cost. Vice Mayor Nance commented that the rate study is something we anticipated and it has been put off for several years. That side of the budget has to not only pay for itself year-to-year, but also needs to include funds for investment in infrastructure. He stated that his concern is how it all works into the budget as a whole. Mr. Hare asked Mr. Thompson about changing the billing cycle from bi-monthly to monthly. Mr. Thompson responded that there will be an increase in cost of postage and the billing process itself. There will also be additional administration cost on the collection side. Now there are 18 days of collection from the time the bill is sent out to the time the bill is due. Also, there is a cut-off cycle of every 45 days which would change to just about every month, but he hoped would decrease with a monthly billing. An average of 600-700 second notices are currently sent out. Mr. Thompson further commented that he is currently discussing automated readings of meters with two companies. He thinks that needs to be part of the equation if we go to monthly billing. The Western Virginia Water Authority bills monthly, but they estimate every other month and he would not want to follow that process. Automated reading would be more efficient. Also, we are losing revenue with our older meters and if they were replaced, there is a possible gain of 4-5%. Mr. Hare commented that he thinks monthly billing makes the most sense because you can find any problems 3 quicker and we now have access to tools that we did not have five years ago. Also, as people sign for electronic payments, that will make the job easier. He further stated that he fully supports the increases because we need to be reinvesting back into the system. Monthly billing will help the citizens by dividing the charges into smaller payments. Mr. Thompson commented that he could not go to monthly billing effective July 1st, but within the year we would want to consider going monthly. It will cost about $178-185 per meter to change them out if we went automated. There was some discussion about just doing commercial accounts first or certain sections, more concentrated neighborhoods. Mr. Hare asked what would we get with Phase I and Phase II of the Jefferson/Cleveland/Jackson project and the Town Manager said he is not sure. It will be determined by the engineering and project costs and how much we can do in-house. The more we can do in-house, the more we can stretch the bond dollars significantly. The Mayor commented that the effect of the increase on our customers’ bills is an important consideration. However, he is concerned about waiting any longer. One consideration is the inflation factor and right now there are some very attractive bond rates and there are some projects that we need to start chipping away at. Mr. Adams commented that we do have a lack of fire protection in this area of Town which is also near the proposed new library site. The problem will not go away nor will it get any cheaper. Mr. Adams also commented that the more we can encourage customers to go to the electronic payments it will help with the added cost of going to a monthly billing system. Mr. Thompson responded that they have had a tremendous response in this area. He is not opposed to going to monthly billing, but we have to realize there will be additional costs involved. Mr. Hare asked if Mr. Rogers had seen localities that give a discount to customers who switch to electronic billing. Mr. Thompson said we do not charge the convenience fee for payment by credit card, we are absorbing that cost. We do charge a fee for the tax payments which is required by law. The next item on the agenda was a briefing on the general obligation bond debt proposal. Courtney Rogers from Davenport & Company made comments regarding the pros and cons of financing the debt for 30 years. The 4 Virginia Resource Authority has created a summer pool for funding and the application is due on Friday, May 3rd. They will come to market in July and close in August which will fit with our time schedule. Another option, called dual approach, lets us apply with the VRA, which has no cost, and also send out an RFP to banks to ask them for a 20, 25 and 30 year rate and can also ask VML/VACo. We can then gather all the data and bring back to Council in June with a recommendation of the best funding option. If you choose a bank, they will have locked in their rate and will be expected to close within two weeks of Council’s action. It may be that the rates are so good that we would recommend a 20-year loan. Mr. Thompson commented that we have outstanding debts with the VRA and VML/VACo that gives an opportunity to refund with either one. Mr. Thompson asked if the proposal would be for Revenue bonds or General Obligation (GO) bonds and the response was the strongest credit would be GO bonds. After further comments, Mr. Thompson indicated the Town does have some revenue bonds, but he would prefer GO since we have that capacity. A revenue covenant is much more stringent. The Town Manager then commented that we need some direction from Council regarding how much to put on the application with the VRA. The Public Hearing on the budget will be on May 21st and the budget will be adopted at the June 4th meeting. Mr. Rogers then stated that whatever resource is chosen to provide the funding, a Public Hearing will be required. That Public Hearing can also be on May 21st to approve the debt for a certain amount and on June 4th action can be taken on the details of the lender. The Town Manager asked again how much Council would want to apply for and if they are in agreement with the Friday application deadline with the VRA. Further comments and discussion was had regarding the five- year lease for the heavy equipment as part of the bond. Mr. Hare asked if we really did well with the bond rate and were able to do a 20-year instead of a 30-year, would be borrow more while it is cheaper? Mr. Rogers commented that you need to have a project to spend it on and can you spend it in within a three-year period according to IRS requirements. Also, if we decided to borrow more, they would have to go back through the process again. 5 The Mayor asked if we need a motion or a consensus of Council and all of Council gave their consensus to proceed with the application with VRA for $2 million. Also, they agreed to allow an RFP to be sent out to solicit other funding sources and to have the Public Hearing on May 21st to approve the debt amount. The next item was a review of Council’s budget. The Mayor asked for a reminder of what the Tri-County Lake Administration does and the Town Manager responded that they are in charge of keeping Smith Mountain Lake clean in partnership with AEP. The Town has funded them in the past. We cut them out of the budget in 2009, but it is recommended to fund them $500 in FY2014. The Town Manager commented that the RVTV amount will be $15,317 instead of the $18,190 shown. Mr. Adams commented and requested an additional $1,000 for the Needy Family fund which helps the children and families at Clearview Manor at Christmas. The Town Manager stated that the only new community contributions that he included was the Mountain View Human Spay/Neuter and the Tri-County Lake Administration. A question was asked about funding Manna Ministries and the response was that we provide in-kind services through police patrol which they would rather have than a cash contribution. Vice Mayor Nance suggested decreasing the amount to the Tri-County Lake to $250, give $250 to the After-Prom Committee for the William Byrd High School and an extra $500 to the Needy Family Fund. The Town Manager commented that the joint local governmental services amounts are contractual. The contributions to the Volunteer Fire and EMS departments are level funding for next year. The Council operating budget was next reviewed and discussion was had regarding the upcoming VML Conference to be held in Arlington County. Consensus of Council to proceed with application to VRA for $2 million, to allow an RFP to solicit other funding sources and to have the Public Hearing on May 21st to approve the debt amount The next item was a further review of the CIP. The Town Manager clarified that there are two items on the CIP list that must be done this fiscal year—one is Walnut Avenue Corridor Improvement, which is our obligation to VDOT for our part of the new bridge and the second is technology and the replacement of our file server. The pedestrian bridge match is included which is contingent upon receiving the revenue sharing funds from VDOT, which we anticipate will happen. The Mayor commented that the additional revenue from a cigarette tax increase would fund this CIP along with 6 some compensation adjustments for the employees. The Town Manager said the budget does not specifically include compensation adjustments, but there is a contingency amount of $67,000 available without raising any rates. The increase in the cigarette tax if approved would generate around $160,000 in revenue. The Town Manager commented that to stay on our schedule we need to advertise the Public Hearings next week for the May 21st meeting. The Mayor then asked Council for their comments regarding the advertisement. Mr. Hare indicated he has no problem advertising the way it currently is because it will offer an opportunity for public comments. Vice Mayor Nance commented on his concerns about the budget as a whole. It seems we are pulling a lot of levers at one time and each of them has an impact at the end of the day on our citizens’ wallets. He mentioned the need to fund the CIP before the stormwater projects come up. The Town Manager commented that since the CIP is a five-year planning document, various stormwater projects in key areas of Town were included to provide a basis for what some of those costs will be in the future. Vice Mayor Nance next commented on the contingency fund idea and stated that he would rather have funds earmarked in the budget so that the citizens can see what the funds are being spent on. The contingency fund is almost the same amount that will be raised by the cigarette tax increase. He does not want to support a tax increase that will be for unallocated funds just to have flexibility throughout the year. Mr. Adams commented that this fiscal year we had emergency purchases that were not budgeted items and if we do not have something set aside, where will we get the funds next year? The Mayor commented that the surplus this year was due to long-term vacancies in the Police Department and because staff has worked hard to maintain and/or trim their budgets. He indicated he appreciated the Vice Mayor’s comments because it is incumbent for Council to watch every percent and the citizens deserve and expect that from us. The Mayor then commented that as a town in Virginia we only have a few resources for revenue, but yet we have this huge responsibility to make sure our quality of life is maintained and that we are prepared for the future. It is incumbent upon us to use those resources. Regarding the advertisement for the budget, the Town Manager clarified that the advertisement is for the proposed budget that has been presented to Council. Any changes 7 suggested tonight or after the Public Hearing will be made before the final budget is approved. Vice Mayor Nance next commented on employee compensation indicating he is not in favor of a combination bonus and raise. He cannot support a bonus if we are attempting to raise revenue to get money for CIP when any leftover surplus can be used for that. He feels like he could support a very small cost of living increase of 1-1/2%. Mr. Hare next commented that he does not disagree with the Vice Mayor’s assessment of the budget. He also struggles with the cigarette tax increase because statistically the people that will be impacted the most are the people that can afford it the least. We are asking those people to fund CIP items for the entire Town. He stated that we have the option of increasing property taxes and then everyone could share the burden for their town. However, because of our budget cycle, it is too late to use that approach. Mr. Hare further commented that there are items in the CIP that have been pushed off and he does not feel that we will have the surplus in the upcoming budget. He is in favor of doing some to fund the CIP and also recognizes that the employees are a very valuable resource and very expensive to replace. Mr. Adams commented that we have employees we have to look out for and at the same time there are items that we have to do in the CIP. Where does the money come from otherwise? The Mayor also indicated that he supports funding the CIP and doing something for our employees. The Mayor commented that he does not like the idea of the cigarette tax increase, but considering the few resources we have; it is a way to see that this Town is going to remain a great place to live. The current rate is $0.20 and the proposal would raise it to $0.35 which is still about $0.20 lower than one of our neighboring jurisdictions. He supports the CIP and doing something for our employees. They have stepped up to bat these past few years and he could live with either a raise or a bonus. Mr. Hare made a motion to advertise the Public Hearing for May 21, 2013 on the proposed budget as presented to Council; 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. The Mayor expressed thanks to all the volunteers and staff that helped to make the Dogwood Festival a success. He asked Council about attending one of the Town Section Approved advertising for a Public Hearing on May 21, 2013 for the proposed budget as presented to Council 8 meetings and the Town Clerk indicated she would poll Council to see if there is a convenient date for any of them to attend. After comments by Mr. Adams, the Town Manager gave an update on the transportation projects that the Town submitted to the MPO Committee for consideration. A follow-up meeting of the Technical Committee will be this Friday to further review the projects. Mr. Hare asked for an update on cleaning up the debris/trash on the hill on Etna Avenue at the entrance to town on Virginia Avenue. The Town Manager responded that staff is working on the issue. Mr. Hare asked about the greenery or landscaping to be placed around the William Byrd School sign and the Town Manager commented that the school has been waiting on Mr. Obenchain. Mr. Obenchain has now decided on a slow-growing juniper bush and he has passed that information along to them. Mr. Hare asked about “No U-Turn” signs at the intersection of Hardy and By-Pass Road. There are poles where apparently there once were signs and the Town Manager said he will check on. Mr. Adams commented that signs are popping up again on the sides of the road and the Town Manager responded that he will discuss with staff at the next staff meeting. The Town Manager commented that we are still working on the fireworks issue. The option of using Herman L. Horn as a new location will not work for this year. The two options are bigger shells or another location. It was suggested that possibly signage or roping off the area at the War Memorial would help direct citizens to the areas to sit for the best view. Mr. Hare moved that the meeting be adjourned, the motion was seconded by Mr. Adams and carried by the following vote, with all members voting: Vote 4-0; Yeas (4) – Adams, Hare, Nance, Grose; Nays (0) – None; Absent (1) - Altice. The regular meeting was adjourned at 8:50 p.m. APPROVED: ________________________________ Bradley E. Grose, Mayor ATTEST: ___________________________________ Susan N. Johnson, Town Clerk Meeting Date May 21, 2013 Department Police Issue Officer of the month for April 2013-Officer Christopher Froeschl Summary Officer Froeschl was selected as Officer of the month for April 2013 and will be recognized at the meeting Attachments Memo from Chief Cook Recommendations Read Memo Town Council Agenda Summary Vinton Police Department 311 SOUTH POLLARD STREET VINTON, VIRGINIA 24179 BENJAMIN L. COOK CHIEF OF POLICE PHONE (540) 983-0617 FAX (540) 983-0624 A State Accredited Agency To:   Christopher Froeschl, Police Officer     From:   Benjamin L. Cook, Chief of Police     Date:    May 9, 2013    Subject:  Officer of the Month – April 2013    Congratulations!  You have been nominated and selected as Officer of the Month for April,  2013.    On April 10th you responded to an emergency assist call in reference to a male subject having  seizures.  After the incident, the victim’s mother contacted the police department and  complimented you on your quick response, your professionalism, and level of comfort and  support that you gave to her and her special needs adult son.   This was the second time that  you have assisted her in time of need and she is very appreciative of you.       On April 26th, you responded to a call regarding a purse which was found inside a home that  didn’t belong to the home owner.  You were able to determine that the purse was stolen and  through information found in the purse, you were able to return it to the owner who found that  there was nothing missing.  In addition, you identified a suspect and obtained a confession from  him, finding that he stole the purse in question from a neighbor’s car and had also broken into a  nearby residence and stole items from that location as well.      Your hard work, professionalism, and compassion for others is commendable and I want to  thank you for continuing to represent the department well.  Keep up the good work!       Meeting Date May 21, 2013 Department Administration Issue Proclamations a. Click It or Ticket b. National Emergency Services Week c. Public Works Week Summary During this week each year, we observe Click It or Ticket, National Emergency Services Week and Public Works Week. Click It or Ticket reminds and urges our citizens to always wear seat belts when driving or riding on our roadways. National Emergency Services Week urges our citizens to recognize the value and accomplishments of all of our Emergency Services personnel and to support the many public safety activities and efforts of the Town’s emergency services. Public Works Week promotes and recognizes the important of our Public Works services for the health, safety, economic growth, and quality of life in our Town. Attachments Proclamations Recommendations Announce each of the three events Town Council Agenda Summary Meeting Date May 21, 2013 Department Planning and Zoning Issue Consideration of public comments on a request for an approximately fifty (50) foot wide by 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. (*PUBLIC HEARING CANCELLED-APPLICATION WITHDRAWN BY APPLICANT) Summary At the Planning Commission public hearing held on May 2nd, Mr. Chris McMurry representative of Mr. A.R. Overbay, the Petitioner, asked to continue the request to close the undeveloped Daleview Drive right-of-way (ROW). The continuation was requested because the adjoining property owners of the ROW do not agree that the ROW should be vacated and deeded to either them or to Mr. Overbay. At the Planning Commission’s public hearing, Mr. Melvin Bennett, 709 Olney Road, spoke as a resident of Olney Road and also on behalf of Mr. Sligh, an adjoining property owner. Mr. Bennett claimed that the Slighs and Quams were misled into signing the agreements that were dated April 9, 2013, and April 10, 2013. Mr. Bennett also said that Mr. Overbay should be asked to develop the ROW to meet VDOT standards and requirements, including curb and gutter. They are concerned as to what will happen to the Quams' and Slighs' driveways, which are located in the undeveloped ROW, if Mr. Overbay is allowed to use this undeveloped right-of-way. On May 8, 2013, Staff received a telephone call from Mr. A.R. Overbay’s and Mrs. Ann Huffman’s attorney, Mr. John Patterson, informing Staff that Mr. Overbay and Mrs. Huffman, as the Petitioners of the request, wish to withdraw their request for the undeveloped ROW to be vacated. On May 10th, the letter to withdraw the request was received from Mr. Patterson. Attachment Letter from Mr. A.R. Overbay’s attorney, John Patterson Recommendations No action required Town Council Agenda Summary Meeting Date May 21, 2013 Department Administration Issue Consideration of public comments on the issuance of general obligation bonds of the Town in the estimated maximum amount of $2,000,000 to finance the costs, in whole or in part, of various capital improvements, which may include without limitation the Roanoke Regional Wastewater Plant, water line replacement Jefferson/Jackson/Cleveland Ave Phase 1 & 2, Glade- Tinker Creek Wastewater Interceptor Replacement Phase 2, capital equipment purchases and other capital improvements for the Town, and to pay the costs of issuance of the Bonds. Summary Over the past two years, town staff has completed a study evaluating our water and wastewater system. The study aimed to create a five-year plan for operations and capital investment. The capital investment plan was developed through engineering studies, financial advisors, and staff evaluation of priorities based on age, failure incidents, fire suppression supply, and economic development opportunities. The plan also identifies major system that are identified for replacement or major repair in years 6-10, but does not go into any detail this far out. The major projects to be funded are as follows: 1) Western Virginia Water Authority – Wastewater Treatment Plant improvements related to the disinfection capacity of the plant. The total project is approx. $17 million. The town’s responsible portion is 5.5% based on our usage of capacity, which is $939,785. The WVWA has already bid and contracted the project to a construction firm. The town would begin paying invoices as submitted throughout the project after closing on the bond. 2) Glade/Tinker Wastewater Interceptor Line Improvements – This replaces over 1200-feet of 24-inch wastewater pipe along the creek. The line is undersized and contributed to multiple overflows into Glade Creek, which puts the town at risk for a consent order from DEQ. The project was funded through a previous bond as well as a bridge loan of $500,000. The proposed long term bond would pay off the bridge loan. 3) Design and Replacement of water lines in the Cleveland/Jefferson/Jackson Ave. neighborhood east of downtown – This would replace approx. 4,000 feet of aging water Town Council Agenda Summary lines and improves the fire suppression services. Water lines are 80-100 years old and undersized for modern fire suppression needs. The project is anticipated to be three phases, with this bond funding phase 1 and 2. Phase 3 is scheduled for funding in year 2016. 4) Equipment Replacement – A 5-year lease proposal is recommended to replace four pick- up truck service vehicles and one backhoe. These vehicles have exceeded their useful life and are an integral part of our team providing daily services for our utility system. The bond is proposed as a 30-year term for projects 1-3 and a 5-year lease structure for project 4. A request for proposals has been advertised to receive bids from VRA, VML, and commercial banks. Interest rates have been in the low 3% and a final interest rate will be determined upon final recommendation of the winning bid entity. To fund this bond amount of $2,000,000, the water and wastewater rates are proposed for an increase of 8.7% to be implemented July 1, 2013. Attachments None Recommendations Conduct Public Hearing, bid proposals and staff recommendation will be presented on June 4, 2013, and final action to be taken on June 18, 2013 1 Meeting Date May 21, 2013 Department Administration Issue Consideration of public comments on a request to revise Water and Wastewater Fees and Charges Schedule by an increase of 8.7 percent, pursuant to authority granted by Virginia Code §§ 15.2-2111. 15.2-2119 and 15.2-2122, according to the Vinton Town Code, Chapter 24, Utilities, Section 94-22 Fees and charges for water service and Section 94-74, Fees and charges for wastewater service. Summary Over the past two years, town staff has completed a study evaluating our water and wastewater system. The study aimed to create a five-year plan for operations and capital investment. The capital investment plan was developed through engineering studies, financial advisors, and staff evaluation of priorities based on age, failure incidents, fire suppression supply, and economic development opportunities. The plan also identifies major system that are identified for replacement or major repair in years 6-10, but does not go into any detail this far out. The major projects to be funded are as follows: 1) Western Virginia Water Authority – Wastewater Treatment Plant improvements related to the disinfection capacity of the plant. The total project is approx. $17 million. The town’s responsible portion is 5.5% based on our usage of capacity, which is $939,785. The WVWA has already bid and contracted the project to a construction firm. The town would begin paying invoices as submitted throughout the project after closing on the bond. 2) Glade/Tinker Wastewater Interceptor Line Improvements – This replaces over 1200-feet of 24-inch wastewater pipe along the creek. The line is undersized and contributed to multiple overflows into Glade Creek, which puts the town at risk for a consent order from DEQ. The project was funded through a previous bond as well as a bridge loan of $500,000. The proposed long term bond would pay off the bridge loan. 3) Design and Replacement of water lines in the Cleveland/Jefferson/Jackson Ave. neighborhood east of downtown – This would replace approx. 4,000 feet of aging water lines and improves the fire suppression services. Water lines are 80-100 years old and Town Council Agenda Summary 2 undersized for modern fire suppression needs. The project is anticipated to be three phases, with this bond funding phase 1 and 2. Phase 3 is scheduled for funding in year 2016. 4) Equipment Replacement – A 5-year lease proposal is recommended to replace four pick- up truck service vehicles and one backhoe. These vehicles have exceeded their useful life and are an integral part of our team providing daily services for our utility system. The bond is proposed as a 30-year term for projects 1-3 and a 5-year lease structure for project 4. A request for proposals has been advertised to receive bids from VRA, VML, and commercial banks. Interest rates have been in the low 3% and a final interest rate will be determined upon final recommendation of the winning bid entity. To fund this bond amount of $2,000,000, the water and wastewater rates are proposed for an increase of 8.7% to be implemented July 1, 2013. Attachments None Recommendations Conduct Public Hearing, action to be taken on June 4, 2013 Meeting Date May 21, 2013 Department Administration Issue Consideration of public comments on a request to increase an excise tax on the sale of cigarettes from $0.20 to $0.35 on each package containing 25 or fewer cigarettes. Summary The budget sets forth operating expenditures and capital expenditures. Over the past 5-years, through the economic downturn, our budget has been appropriately reduced without any major impacts to the delivery of service and minimal service elimination. However, one of the major reductions has been to our capital investment funding. This reduction can be accommodated in the short term by delaying purchases and equipment replacement. In the long term, we have a back log and pent up demand for capital investment and replacement of equipment. These needs are outlined in detail in the capital improvement plan within the budget. To help begin to address these capital needs, the budget includes a 15-cent increase in cigarette tax. This is expected to generate approximately $159,000 in additional revenue. This new revenue is recommended to fund equipment replacement needs and capital investment in bridges, buildings, technology, equipment, and vehicles. Attachments None Recommendations Conduct Public Hearing, action to be taken on June 4, 2013 Town Council Agenda Summary Meeting Date May 21, 2013 Department Administration Issue Consideration of public comments regarding the proposed FY2013-2014 Town of Vinton Budget. Summary The FY2013-2014 annual budget is the culmination of months’ worth of staff work developing and managing our services and revenues to provide the expected and needed services for the community. The budget document is one of the most important policies established by Council to convey to staff and the community priorities, levels of services, and investment in the community. The budget document includes a great deal of information which is intended to explain what and why of government services provided by the Town of Vinton. The budget sets forth operating expenditures and capital expenditures. Over the past 5-years, through the economic downturn, our budget has been appropriately reduced without any major impacts to the delivery of service and minimal service elimination. However, one of the major reductions has been to our capital investment funding. This reduction can be accommodated in the short term by delaying purchases and equipment replacement. In the long term, we have a back log and pent up demand for capital investment and replacement of equipment. These needs are outlined in detail in the capital improvement plan within the budget. To help begin to address these capital needs, the budget includes a 15-cent increase in cigarette tax. This is expected to generate approximately $159,000 in additional revenue. This new revenue is recommended to fund equipment replacement needs and capital investment in bridges, buildings, technology, equipment, and vehicles. Attachments None Recommendations Conduct Public Hearing, action to be taken on June 4, 2013 Town Council Agenda Summary Meeting Date May 21, 2013 Department Town Attorney Issue Consider adoption of a Resolution approving a settlement and authorizing the Town Manager to execute an Agreement with the Confederated Tribes and Bands of the Yakama to resolve a lawsuit pending in federal court in the State of Washington regarding the Yakama matter. Summary The Town of Vinton Police Department participates in federal task forces to enhance law enforcement. One officer participated in a federal task force that assisted with an ATF investigation. Officers entered upon Yakama Reservation trust lands in the state of Washington as part of this investigation on February 16, 2011. The Confederated Tribes and Bands of the Yakama allege that the entry violated treaties and laws and sued the Town of Vinton and many other parties in federal court in the Eastern District of Washington. The Town’s insurer hired counsel to defend the Town in the case. Settlement negotiations have resulted in a proposed Settlement Agreement with no admission of liability or wrongdoing by the Town. The Town would agree not to unlawfully enter upon Yakama Reservation trust lands. Counsel for the Town recommends that the Town enter into the Settlement Agreement and the Town Attorney concurs. Attachments Proposed draft Settlement Agreement Resolution Recommendation Motion to adopt Resolution Town Council Agenda Summary 1 RESOLUTION NO AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL, HELD ON TUESDAY, MAY 21, 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’s Police Department participates in federal task forces to enhance law enforcement; and WHEREAS, many federal law enforcement officers and task force members, including a Vinton police officer, entered onto Yakama Reservation trust lands on February 16, 2011, as part of an ATF investigation; and WHEREAS, the Confederated Tribes and Bands of the Yakama allege that the entry onto the trust lands violated treaties and federal laws and filed suit against many parties including the Town of Vinton in the United States District Court for the Eastern District of Washington in Cause No. CV-11-3028-RMP in June 2011; and WHEREAS, the parties, through counsel, have reached a proposed settlement agreement wherein the Town of Vinton does not admit wrongdoing or liability and agrees not to enter onto Yakama Reservation trust lands in violation of laws or treaties; and WHEREAS, City Council finds it to be in the best interest of the Town of Vinton to enter into the proposed settlement agreement. NOW THEREFORE, BE IT RESOLVED, BY THE COUNCIL OF THE TOWN OF VINTON, VIRGINIA, as follows: 1. The Town Manager is hereby authorized, for an on behalf of the Town, to execute the necessary documents to enter into Settlement Agreement, in substantially the same form presented to Council. 2. All documents necessary to accomplish this settlement shall be in form approved by the Town Attorney. This resolution shall be effective from and after the date of its adoption. This resolution adopted on motion made by Council Member ______________ and seconded by Council Member _______________, with the following votes recorded: AYES: NAYS: 2 APPROVED: Bradley E. Grose, Mayor ATTEST: __ Susan N. Johnson, Town Clerk Meeting Date May 21, 2013 Department Planning and Zoning Issue Consider adoption of a Resolution authorizing the Town Manager to execute an agreement between the Town of Vinton and APCO granting and conveying an easement for poles to be relocated in connection with the Walnut Avenue Improvement Project Summary On March 18, 2013, Staff was informed by Mr. Robert Wilson, APCO’s ROW Coordinator that due to the upcoming Walnut Improvement Project, some of the existing poles located in the Walnut Avenue ROW have to be relocated onto Town-owned properties. Town personnel including Chris Lawrence, Gary Woodson, Joey Hiner, and Anita McMillan met with Mr. Wilson to discuss the relocation sites for the poles. Several discussions between APCO and Town personnel took place between March 28 and April 26, 2013, to ensure that the proposed relocation of the poles will not interfere with Town underground sewer and water facilities and future use of the Town-owned properties. Additionally, a standard APCO easement was received by Staff and forwarded to the Town Attorney’s office for review and approval. Staff incorporated the changes as suggested by the Town Attorney, and the final drawing showing the proposed locations for the poles was approved by Vinton Public Works Department on May 6, 2013. Attachments APCO and Town of Vinton Deed Conveyance Agreement Drawing of the proposed APCO Poles Relocation – VDOT Project U000-149-103, C501 Resolution Recommendations Motion to adopt Resolution Town Council Agenda Summary This conveyance is exempt from the Grantor’s tax pursuant to Virginia Code § 58.1 – 811 (c) (4) TAX ID or PARCEL NO. 060.15-02-01.00 and 060.15-02-02.00 GRW 251-OH – VA 1 Eas. No. R/W Map No. W.O. No. Job No. Prop. No. Line THIS AGREEMENT, made this day of , 2013, by and between Town of Vinton, Virginia, a municipal corporation , herein called “Grantors”, whether one or more persons, and APPALACHIAN POWER COMPANY, a Virginia corporation, herein called “Appalachian”, WITNESSETH: That for and in consideration of the sum of One Dollar ($1.00), cash in hand paid to Grantors by Appalachian, the receipt whereof is hereby acknowledged, Grantors hereby grant, convey, and warrant to Appalachian, its successors, assigns, lessees and tenants, a right of way and easement for an electric power line or lines, and communication lines, in, on, along, through, over, and across the following described lands of the Grantors situated in Town of Vinton , County of Roanoke , State of Virginia. Being a right-of-way and easement on the property of the Grantors identified as Town of Vinton, Roanoke County, Tax ID or Parcel No. 060.15-02-01.00 and 060.15-02-02.00 and as further depicted in Exhibit “A”, VDOT Project U000-149-103, C501, March 18, 2013, Revised April 26, 2013, attached hereto. This easement extends in a direction from Appalachian’s existing numbered to and including new numbered . Appalachian agrees to indemnify, hold harmless, and defend Grantors from and against any and all actions or causes of action, claims, demands, liabilities, loss, damage, or expense of whatsoever kind and nature, including attorneys' fees, which Grantors may suffer or occur by reason of bodily injury, including death, to any person or persons, or by reason of damage to or destruction of any property, including the loss of use thereof arising out of or in any manner connected with the exercise of the rights herein granted, or which Grantors may sustain or incur in connection with any litigation, investigation, or other expenditures incident thereto, including any suit instituted to enforce the obligation of this agreement of indemnity, due in whole or in part to any act, omission, or negligence of Appalachian or any of its representatives or employees. In the event the injuries, including death, or damages are due to the sole negligence of Grantors or its representatives or employees, then and only then Appalachian shall not be liable under the provisions of this paragraph. TOGETHER with the right, privilege and authority to Appalachian, its successors, assigns, lessees and tenants, to construct, erect, install, place, operate, maintain, inspect, repair, renew, remove, add to the number of, and relocate at will, poles, with wires, cables, crossarms, guys, anchors, grounding systems and all other appurtenant equipment and fixtures (hereinafter called “Appalachian’s Facilities”), and string wires and cables, adding thereto from time to time, across, through, or over the above referred to premises; the right to cut down, trim and/or otherwise control, and at Appalachian’s option, remove from said premises, any trees, overhanging branches, or other obstructions which may endanger the safety of, or interfere with the use of, Appalachian’s Facilities; and the right of ingress and egress to and over said above referred to premises, and any of the adjoining lands of the Grantors at any and all times, for the purpose of exercising and enjoying the rights herein granted, and for doing anything necessary or useful or convenient in connection therewith. It is understood and agreed between the parties hereto, that the Grantors reserve the right to use said lands in any way not inconsistent with the rights herein granted. THIS INSTRUMENT PREPARED BY AND UPON RECORDATION RETURN TO APPALACHIAN POWER COMPANY, PO BOX 2021, ROANOKE, VIRGINIA 24022 GRW 251-OH – VA Page 2 of 2 TO HAVE AND TO HOLD the same unto Appalachian Power Company, its successors, assigns, lessees and tenants. It is agreed that the foregoing is the entire contract between the parties hereto, and that this written agreement is complete in all its terms and provisions. NOTICE TO LANDOWNER: You are conveying rights to a public service corporation. A public service corporation may have the right to obtain some or all of these rights through exercise of eminent domain. To the extent that any of the rights being conveyed are not subject to eminent domain, you have the right to choose not to convey those rights and you could not be compelled to do so. You have the right to negotiate compensation for any rights that you are voluntarily conveying. GRANTORS: TOWN OF VINTON, VIRGINIA Christopher S. Lawrence, Town Manager STATE OF VIRGINIA ) ) To-wit: TOWN OF VINTON ) The foregoing instrument was acknowledged before me this day of , 2013, by Christopher S. Lawrence, Town Manager, for the Town of Vinton, Virginia. Notary Public Notary Public (Print/Type Name) My Commission expires: Approved as to form: Town Attorney RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, MAY 21, 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 has authorized and supports the proposed Virginia Department of Transportation (VDOT) Walnut Avenue Improvement Project U000-149, R201, which includes the replacement of the existing low-water bridge; and WHEREAS, the roadway project will commence soon and will require that some existing Appalachian Power Company (APCO) poles be relocated from the existing Walnut Avenue right-of- way to Town of Vinton properties, identified as Tax Map Numbers 060.15-02-01.00 and 060.15-02-02.00; which requires an easement be conveyed to APCO for the poles to be relocated; and WHEREAS, it is possible to establish an agreement by and between the Town of Vinton and APCO that the Town of Vinton grants and conveys an easement to APCO for the poles to be relocated to the above-mentioned properties, as shown in the attached sheet prepared by VDOT, Walnut Avenue Improvement Project U000-149-103, C501, March 18, 2013, revised April 26, 2013, by APCO, and on file in the office of the Department of Transportation, Richmond, Virginia; and WHEREAS, said easement agreement has been prepared by APCO, and reviewed and revised by Vinton’s Town Attorney. NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby authorize approval of the said easement agreement. 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 21, 2013 Department Administration Issue Consider adoption of a Resolution authorizing the Town Manager to execute a Contract with Redlee/SCS, Inc. for janitorial services for the Town’s facilities. Summary The Town of Vinton was previously on a Janitorial Contract that was month-to-month. The contract was first signed in 2007 and was supposed to expire and renew in 2010. However, a new IFB (Information For Bid) was never solicited so the contract renewed month-to-month. The current service provider’s level of service had deteriorated in the past several months to a year. This caused Town staff to initiate a new IFB process. The Town received five bids, including the current service provider. Due to the wording of the Town’s procurement policy and the wording of the State procurement policy the Town must accept the lowest responsible and responsive bidder. This happened to be Redlee based out of Texas. They have contracts in Virginia and Roanoke with Wells Fargo and other property management firms. Our current service providers cost on average (across all buildings) $58,434 per year for just cleaning services. The new bid came in at $41,628 including cleaning supplies. We anticipate this number to be around $49,000 after per use cleaning fees for the War Memorial are added in. This is still a significant savings. Town Council needs to approve the contract for Janitorial Services. The contract will be for a year with the option of the Town to extend for 4 more years without going out for bid again. Terms and conditions are attached. Attachments Terms of the Contract Contract 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 21, 2013, AT 7:00 PM IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA WHEREAS, the Town Manager’s office solicited Information for Bids to qualified vendors to provide janitorial services to the Town facilities consisting of the Municipal Building, Public Works Building, War Memorial, Charles R. Hill Senior Center, Farmer’s Market and Fire & EMS Building; and WHEREAS, five bids were received for the services and the lowest bidder was Redlee/SCS, Inc. at a price of $41,628 including cleaning supplies plus an additional amount for per use cleaning fees for the War Memorial for a total of $49,000; and WHEREAS, Town Council needs to award the bid and authorize the Town Manager to execute the contract for the services. NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby grant a contract to Redlee/SCS, Inc. of Roanoke, Virginia; and BE IT FURTHER RESOLVED that the Vinton Town Council does hereby authorize the Town Manager to execute the contract for the services and any other necessary documents which shall be in a form approved 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 21, 2013 Department Volunteer Fire Department Issue Briefing on purchase of new brush truck for the Vinton Volunteer Fire Department. Summary The Vinton Volunteer Fire Department has moved forward with plans to replace the Brush Truck. This apparatus is the pickup truck used for brush and forest fires and is being replaced with a 2013 Chevy 3500 HD. The current truck is a 1986 Chevy and has exceeded its useful life. The Volunteers have purchased the truck with their own funds, at no cost to the Town of Vinton. This is approximately $30,000. A proposal was brought before the Public Safety Committee on March 29th. The committee recommended the Fire Department develop a final proposal for the remaining requirements to have the truck up fitted with the needed equipment and present that to the Town Manager. The proposal is to complete the truck through work performed by Blue Ridge Rescue Suppliers out of Montvale, VA. The proposal includes all lighting, equipment, etc. needed to make the truck ready for service and perform the task needed far into the future. As proposed, the Fire Department is requesting $9,837. This money will be funded through the Town’s Virginia Department of Fire Programs Grant, in which the town receives approximately $20,000 per year for equipment replacement and purchasing of new equipment. There is approximately $15,000 left in the account for the current year. This will leave a fund balance of approximately $5,100 for FY 2013. Attachments Proposal by Blue Ridge Rescue Suppliers Recommendations No action needed. Purchasing of equipment and installation handled administratively. Town Council Agenda Summary